undertakes to adopt, within a reasonable time, such means as the court may deem to be practicable and order to be carried into effect for abating such nuisance, or mitigating or preventing the injurious effects of such effluvia, or if such person gives notice of appeal to the court of quarter sessions in manner provided by this Act. Any urban authority may, if they think fit, on such certificate as is in this section mentioned, cause to be taken any proceedings in any superior court of law or equity against any person in respect of the matters alleged in such certificate. As to the effect of this section, see ante, pp. Ivi, lxxvii. A.D. 1875. nuisance arises district. 115. Where any house building manufactory or place Power to prowhich is certified in pursuance of the last preceding ceed where section to be a nuisance or injurious to the health of any from offensive of the inhabitants of the district of an urban authority is trade carried situated without such district, such urban authority may on without take or cause to be taken any proceedings by that section authorised in respect of the matters alleged in the certificate, with the same incidents and consequences, as if the house building manufactory or place were situated within such district so, however, that summary proceedings shall not in any case be had otherwise than before a court having jurisdiction in the district where the house building manufactory or place is situated. This section shall extend to the metropolis so far as to authorise proceedings to be taken under it by any nuisance authority in the metropolis in respect of any house building manufactory or place which is certified as aforesaid to be a nuisance or injurious to the health of any of the inhabitants within the area of their jurisdiction, and is situated within the district of a local authority under this Act; or by any urban anthority in respect of any house building manufactory or place which is certified as aforesaid to be a nuisance or injurious to the health of any of the inhabitants of their district, and is situated. within the jurisdiction of any such nuisance authority. In this section "nuisance authority" means the local authority in the metropolis for the execution of the Nuisances Removal Act for England, 1855, and the Acts amending the same. As to this section, see s. 108, ante, p. 85, and the Introduction, p. lvi. UNSOUND MEAT, &C. 116. Any medical officer of health or inspector of Power of nuisances may at all reasonable times inspect and examine medical officer A.D. 1875. of health to inspect meat, &c. N.R. 1863, s. T.I., s. 131. P.H. 1874, s. 54. Power of 2. destruction of unsound meat, &c. Ib. any animal carcase meat poultry game flesh fish fruit vegetables corn bread flour or milk exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, and intended for the food of man, the proof that the same was not exposed or deposited for any such purpose, or was not intended for the food of man, resting with the party charged; and if any such animal carcase meat poultry game flesh fish fruit vegetables corn bread flour or milk appears to such medical officer or inspector to be diseased or unsound or unwholesome or unfit for the food of man, he may seize and carry away the same himself or by an assistant, in order to have the same dealt with by a justice. 117. If it appears to the justice that any animal carcase justice to order meat poultry game flesh fish fruit vegetables corn bread flour or milk so seized is diseased or unsound or unwholesome or unfit for the food of man, he shall condemn the same, and order it to be destroyed or so disposed of as to prevent it from being exposed for sale or used for the food of man; and the person to whom the same belongs or did belong at the time of exposure for sale, or in whose possession or on whose premises the same was found, shall be liable to a penalty not exceeding twenty pounds for every animal carcase or fish or piece of meat flesh or fish, or any poultry or game, or for the parcel of fruit vegetables corn bread or flour or for the milk so co demned, or, at the discretion of the justice, without the infliction of a fine, to imprisonment for a term of not more than three months. P.H. 1874, s. 54. Penalty for hindering officer from in The justice who, under this section, is empowered to convict the offender may be either the justice who may have ordered the article to be disposed of or destroyed, or any other justice having jurisdiction in the place. With reference to this enactment, see Gill v. Bright, 41 L. J. M. C. 22, in which it was held that when liquors kept for unlawful sale have been seized under 33 & 34 Vict. c. 29, s. 15, the justices cannot order them to be sold without giving the person upon whose premises they were seized an opportunity of being heard. The penalty is incurred in respect of each piece of meat seized and destroyed, &c.; therefore where three defendants were convicted under sect. 63 of the 11 & 12 Vict. c. 63, which corresponded to sect. 117, supra, by four separate convictions, for exposing for sale four pieces of butchers' meat being unfit for the food of man, and a penalty of 208., with a certain sum for costs, was inflicted in each case upon each defendant, the Court held that as the convictions were good upon their face they could not inquire into the evidence adduced before the convicting justices. Reg. v. Hartley, in re Over Darwen, 26 J. P. 438; S. C. in re Hartley and Others, 31 L. J. M. C. 232. 118. Any person who in any manner prevents any medical officer of health or inspector of nuisances from entering any premises and inspecting any animal carcase &c. A.D. 1875. meat poultry game flesh fish fruit vegetables corn bread flour or milk exposed or deposited for the purpose of sale, or of preparation for sale, and intended for the food of specting meat, man, or who obstructs or impedes any such medical officer N.R. 1863, s. 3. or inspector or his assistant, when carrying into execution the provisions of this Act, shall be liable to a penalty not exceeding five pounds. By sect. 210 of 10 & 11 Vict. c. 34, the Railways Clauses Act, 8 Vict. c. 20, is incorporated with the Towns Improvement Act, 1847, so as to take away the right to certiorari; and a conviction under 11 & 12 Vict. c. 63, 8. 63, it was held could be removed by certiorari only where there was excess or refusal of jurisdiction on the part of the justices. Reg. v. Staffordshire JJ., 16 L. T. (N. s.) 430. A butcher carried on business at his shop in a town, but resided at and occupied a house and some land at the outskirts, and nearly a mile distant from his shop. A quantity of diseased meat, loaded in carts, was carried into the yard belonging to the shop and there seized by the police. Within this yard there was a slaughter-house :-Held, first, that the yard was a place within the meaning of section 2 of 26 & 27 Vict. c. 117, which corresponded to ss. 116 and 117 of this Act; secondly, that assuming that the word "place" was used in the same sense in section 2 as in section 3, which corresponded to the above section, the word "place" in section 3 was not to be limited to places ejusdem generis with "slaughter-house, shop building, or market." Young v. Gattridge, 38 L. J. M. Č. 67; L. R. 4 Q. B. 166. A butcher at his residence half a mile from his shop on a Sunday afternoon was requested to go himself, or send some one, with the key to admit the inspector of nuisances to his shop, in order that some meat there might be examined. This the butcher refused to do, and was convicted under 26 & 27 Vict. c. 117, sect. 3, of preventing, obstructing or impeding the inspector when duly engaged in carrying the provisions of the Act into execution. But it was held on a case stated that although Sunday afternoon might under some circumstances be a reasonable time for the examination of meat under sect. 2, the butcher had committed no offence under sect. 3. Small v. Bickley, 32 L. T. (N. s.) 726. 119. On complaint made on oath by a medical officer Search warrant of health or by an inspector of nuisances, or other officer may be granted by a justice. of a local authority, any justice may grant a warrant to P.H. 1874, s. any such officer to enter any building or part of a building 55. in which such officer has reason for believing that there is kept or concealed any animal carcase meat poultry game flesh fish fruit vegetables corn bread flour or milk which is intended for sale for the food of man, and is diseased unsound or unwholesome, or unfit for the food of man; and to search for seize and carry away any such animal or other article in order to have the same dealt with by a justice under the provisions of this Act. Any person who obstructs any such officer in the performance of his duty under such warrant shall, in addition to any other punishment to which he may be subject, be liable to a penalty not exceeding twenty pounds. A D. 1875. Duty of local authority to cause premises San. 1866, s. INFECTIOUS DISEASES AND HOSPITALS. Provisions against Infection. 120. Where any local authority are of opinion, on the certificate of their medical officer of health or of any other to be cleansed legally qualified medical practitioner, that the cleansing and disinfected, and disinfecting of any house or part thereof, and of any articles therein likely to retain infection, would tend to prevent or check infectious disease, it shall be the duty of such authority to give notice in writing to the owner or occupier of such house or part thereof requiring him to cleanse and disinfect such house or part thereof and articles within a time specified in such notice. 22. Destruction of infected bedding, &c. P.H. 1872, s. 51. Provision of fection. If the person to whom notice is so given fails to comply therewith, he shall be liable to a penalty of not less than one shilling and not exceeding ten shillings for every day during which he continues to make default; and the local authority shall cause such house or part thereof and articles to be cleansed and disinfected, and may recover the expenses incurred from the owner or occupier in default in a summary manner. Where the owner or occupier of any such house or part thereof is from poverty or otherwise unable, in the opinion of the local authority, effectually to carry out the requirements of this section, such authority may, without enforcing such requirements on such owner or occupier, with his consent cleanse and disinfect such house or part thereof and articles and defray the expenses thereof. 121. Any local authority may direct the destruction of any bedding clothing or other articles which have been exposed to infection from any dangerous infectious disorder, and may give compensation for the same. 122. Any local authority may provide a proper place, means of disin- with all necessary apparatus and attendance, for the disinfection of bedding, clothing, or other articles which have become infected, and may cause any articles brought for disinfection to be disinfected free of charge. San. 1866, s. 23. Provision of infected 123. Any local authority may provide and maintain a conveyance for carriage or carriages suitable for the conveyance of persons suffering under any infectious disorder, and may pay the San. 1866, s. 24. expense of conveying therein any person so suffering to a N.R. 1860, s.12. hospital or other place of destination. persons. Removal of infected persons without proper 124. Where any suitable hospital or place for the reception of the sick is provided within the district of a local authority, or within a convenient distance of such district, A.D. 1875. lodging to hos 26. any person who is suffering from any dangerous infectious disorder, and is without proper lodging or accommodation, or lodged in a room occupied by more than one family, pital by order or is on board any ship or vessel, may, on a certificate of justice. signed by a legally qualified medical practitioner, and with San. 1866, s. the consent of the superintending body of such hospital P.H. 1874, s. or place, be removed, by order of any justice, to such 51. hospital or place at the cost of the local authority; and Cf. C.L. 1853, any person so suffering, who is lodged in any common lodging house, may, with the like consent and on a like certificate, be so removed by order of the local authority. An order under this section may be addressed to such constable or officer of the local authority as the justice or local authority making the same may think expedient: and any person who wilfully disobeys or obstructs the execution of such order shall be liable to a penalty not exceeding ten pounds. With regard to this section, see the Introduction, ante, pp. lvi, lxxvii. 1 s. 7. infected per 29. 125. Any local authority may make regulations (to be Removal to approved of by the Local Government Board) for re- hospital of moving to any hospital to which such authority are sons brought entitled to remove patients, and for keeping in such hos- by ships. pital so long as may be necessary, any persons brought San. 1866, s. within their district by any ship or boat who are infected with a dangerous infectious disorder, and such regulations may impose on offenders against the same reasonable penalties not exceeding forty shillings for each offence. 126. Any person who (1.) While suffering from any dangerous infectious disorder wilfully exposes himself without proper precautions against spreading the said disorder in any street public place shop inn or public conveyance, or enters any public conveyance without previously notifying to the owner conductor or driver thereof that he is so suffering; or (2.) Being in charge of any person so suffering, so exposes such sufferer; or (3.) Gives lends sells transmits or exposes, without previous disinfection, any bedding clothing rags or other things which have been exposed to infection from any such disorder, shall be liable to a penalty not exceeding five pounds; and a person who, while suffering from any such disorder, enters any public conveyance without previously notifying to the owner or driver that he is so suffering, shall in addition be ordered by the court to pay such owner and H Penalty on exposure of infected persons and things. San. 1866, ss. 25, 38. |