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them that the business carried on by the person complained of is a 38 & 39 Vict. nuisance or causes any effluvia which is a nuisance or injurious to c. 55. health of any of the inhabitants of the district, and unless it be shown that such person has used the best practicable means for abating such nuisance or preventing or counteracting such effluvia, the person so offending (being the owner or occupier of the premises, or being a foreman or other person employed by such owner or occupier) is to be liable to a penalty not exceeding £5 nor less than 408., and on a second and any subsequent conviction to a penalty double the amount of the penalty imposed for the last preceding conviction; but the highest amount of any such penalty is not in any case to exceed £200.

Provided that the court may suspend its final determination on condition that the person complained of 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 (s. 114).

VII. As to Unsound Meat, &c. Power of Medical Officer of Health, &c. to inspect Meat, &c.] Any medical officer of health or inspector of nuisances may at all reasonable times inspect and examine 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, &c. 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 (s. 116).

Power of Justice to order Destruction of Unsound Meat, and to impose a Penalty.] If it appears to the justice that any animal, &c. so seized is diseased or unsound or unwholesome or unfit for the food of man he is to 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 £20 for every animal, carcase or fish, or piece of meat, flesh or fish, or any poultry or game, or for the parcel of fruit, vegetable, corn, bread or flour, or for the milk so condemned; or, at the discretion of the justice, without the infliction of a fine, to imprisonment for a term of not more than three months.

33 & 39 Vict. e. 55.

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 (s. 117).

Although the foregoing section does not in express terms provide for the summoning of the offender to show cause why he should not be dealt with for the offence, it is abundantly clear upon principle that such a course should be pursued.

Search warrant may be granted by a Justice.] On complaint on oath by a medical officer of health, or by an inspector of nuisances or other officer of a local authority, any justice may grant a warrant to enter any building or part of a building in which such officer has reason to believe that there is kept or concealed any animal, &c. 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 the act (s. 119).

VIII. As to Jortuaries. Justices may in certain cases order the remoral of a Dead Body to a Mortuary.] Where the body of one who has died of an infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates 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, at the cost of the local authority, to any mortuary provided by such authority, and direct the same to be buried within a time to be limited in such order; and unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it is to be the duty of the relieving officer to bury such body at the expense of the poor rate; but any expense so incurred may be recorered by the relieving officer in a summary manner from the person legally liable to pay the expense of such burial (s. 141).

IX. As to Arbitration. In cases of dispute as to the amount of any compensation to be made under the provisions of the act, it is enacted by section 181 that all questions referable to arbitration under the act may, when the amount in dispute is less than £20, be determined, at the option of either party, before a court of summary jurisdiction; but the court may, if it thinks fit, require that any work in respect of which the claim of the local authority is made and the particulars of the claim be reported on to them by any competent surveyor, not being the surveyor of the local authority; and the court may determine the amount of costs incurred in that behalf, and by whom 38 & 39 Vict. such costs or any part of them shall be paid.

c. 55.

X. Entry on Lands for the purposes of the Act. Whenever it becomes necessary for a local authority or any of their officers to enter, examine or lay open any lands or premises for the purpose of making plans, surveying, measuring, taking levels, making, keeping in repair or examining works, ascertaining the course of sewers or drains, or ascertaining or fixing boundaries, and the owner or occupier of such lands or premises refuses to permit the same to be entered upon, examined or laid open for the purposes aforesaid or any of them, tho local authority may, after written notice to such owner or occupier, apply to a court of summary jurisdiction for an order authorizing the local authority to enter, examine and lay open the said lands and premises for the said purposes.

If no sufficient cause is shown against the application, the court may make an order accordingly, and on such order being made, the local authority or any of their officers may at all reasonable times, between the hours of nine in the forenoon and six in the afternoon, enter, examine or lay open the lands or premises mentioned in such order for such of the said purposes as are therein specified, without being subject to any action for so doing : Provided that, except in case of emergency, no entry is to be made or works commenced unless at least twenty-four hours' notice of the intended entry and of the object thereof be given to the occupier of the premises intended to be entered (s. 305).

[For Forms under “The Public Health Act, 1875," see Oke's Formulist," 6th ed. pp. 345—348, and pp. 924—930.]

PUBLIC WORKS. Local boards of health may allow owners to repay expenses of 27 & 28 Vict. private improvement works (27 & 28 Vict. c. 104, s. 5), which would c. 104. then be leviable as private improvement rates, and recoverable before justices (see tits. Public Health and “ Rates,post).


QUARTER SESSIONS. When holden in Counties, &c.] 11 Geo. 4 & 1 Will. 4, c. 70, s. 35, 11 Geo. 4 & provides that the justices of the peace in every county, riding or

1 Will. 4, c. 70. division for which quarter sessions ought to be held, are to hold their general quarter sessions in the first full week (Sunday being deemed the first day of the week] after the 11th October; 28th December, 31st March (but see infra]; and 24th June. As to the Easter sessions, 4 & 5 Will. 4, c. 47, authorizes the justices at the

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During the Cant See 1 & 2 Vict. c. 73, s. 8-12. Twiter is Brugis To be held once in every quarte ITI SIÚh other or more frequent times as the recorder maitre Crown may drees 5 & 6 Will. 4, c. 76, s. 105) Firsttum f the Sesmons ser Crimes. See ante, pp. 972, 9


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I Crean of Errors, &c. in Plans, &c.

I Consenta if Justices to Deriations, Crossings, &c.

I reputes as to Fences, Tolis, Water or Gas Pipes, Dangero
Tres, and Occupation of Roads and Lands.

IV. Braair of Rods Bridges, &c. by Company.

T. Treguand Cases of Compensation for Lands taken or Dama

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L. Correction of Errors, &c. in Plans, &c.

Br 8 & 9 Vict. c. 20, s. 7, if any omission, misstatement or erro neous description is made of any lands, or of the owners, de theread, described on the plans or books of reference mentioned i the special act, the company, after giving ten days' notice to the

143 The set of 8 & 9 Vict. c. 20, is "The Railways Clauses Consalidation Act, 1845," which applies "to every railway which shall by any act which shall hereafter (8th May, 1845] be passed be authorized to be e structed and this act shall be incorporated with such act" (s. 1). By sect. & the word "justice" shall mean a justice of the peace acting for the county, city, borough, liberty, cinque port, or place where the matter requiring the comirance of any such justice shall arise, and who shall not be interested in the matter (see Wakefield Local Board of Health v. West Riding and Grimsty Rai. Co., 35 L. J. (N. S.) M. C. 69; 13 Law T., N. S. 590and where such matter shall arise in respect of lands, being the property of one and the same party, situate not wholly in any one county, &c., sha mean a justice acting for the county, &c. where any part of such lands shall be situate, and who shall not be interested in such matter:where any matter shall be authorized or required to be done by two jas tices, the expression "two justices" shall be understood to mean two justices assembled and acting together.

owners of the lands affected by such proposed correction, may apply 8 & 9 Vict. to two justices for the correction thereof;--and if it appear to such c. 20. justices that such omission, misstatement or erroneous description arose from mistake, they shall certify the same accordingly, and in their certificate state the particulars of any such omission, and in what respect any such matter is misstated or erroneously described, and such certificate is to be deposited with the clerks of the peace of the several counties and the parish clerks of the several parishes in which the lands affected thereby are situate :to be kept by such clerks of the peace and parish clerks respectively, along with the other documents to which they relate:-and thereupon the plan, book of reference or schedule is to be deemed to be corrected according to such certificate;—and the company may make the works in accordance with such certificate. See also sect. 15 as to lateral deviations.

II. Consents of Justices to Deviations, Crossings, &c. To Deviation from Levels.] By 8 & 9 Vict. c. 20, s. 11, in making Sect. 1:. the railway the company cannot deviate from the levels of the railway, as referred to the common datum line described in the section approved of by parliament, and as marked on the same, to any extent exceeding in any place five feet,-or, in passing through a town, village, street or land continuously built upon, two feet, — without the previous consent in writing of the owners and occupiers of the land in which such deviation is intended to be made;-or in case any street or public highway is affected by such deviation, then the same is not to be made without the like consent of the trustees or commissioners having the control of such street or public highway,–or, if there be no such trustees or commissioners, without the like consent of two or more justices of the peace in petty sessions assembled for that purpose, and acting for the district in which such street or public highway is situated (fourteen days' previous notice being given of such petty sessions in some newspaper of the county, and affixed on the door of the parish church), or without the like consent of the commissioners for any public sewers, or the proprietors of any canal, navigation, gasworks or waterworks affected by such deviation :-provided always, that the company may deviate from the said levels to a further extent without such consent by lowering solid embankments or viaducts, if the requisite height of headway as prescribed by act of parliament be left for roads, streets or canals passing under the


Crossing Roads.] See sects. 6, 16, 53 to 56 hereon. By sect. 46, Sect. 46. if the line of the railway cross any turnpike road or public highway, then (except where otherwise provided by the special act) either such road is to be carried over the railway, or the railway is to be

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