Parliamentary Papers

liament is then sitting, and if not, then within 14 days after the commencement of the next Session. (18 & 19 Vict. c. 116. s. 10.)

See also Powers of the Local Government Board, p. 105.

Extension of Orders to Parts of the Sea.

Orders issued in pursuance of the Diseases Prevention Act, 1855, for putting in force these provisions for the prevention of disease in Great Britain may extend to parts of the sea lying within the jurisdiction of the Admiralty. The Local Government Board may issue under the Diseases Prevention Act, 1855, regulations for cleansing, ventilating, disinfecting, and providing medical aid and accommodation, and preventing disease in ships, as well upon those parts of the sea as upon inland waters. (18 & 19 Vict. c. 116. s. 11.)

See also Infectious Diseases and Hospitals, p. 65.

Duties of Sanitary Authority.

The sanitary authority must superintend and see to the execution of the regulations, and appoint and pay the medical or other officers or persons, and do all the acts and things necessary for mitigating the disease, or for superintending or aiding in the execution of the regulations, or for executing them as the case may require. (18 & 19 Vict. c. 116. s. 8.)

The sanitary authority may from time to time direct prosecutions or legal proceedings for wilful violation or neglect of any of the regulations. (18 & 19 Vict. c. 116. s. 9.)

The sanitary authority may provide and maintain carriages suitable for the conveyance of persons suffering under any contagious or infectious disease, and may convey such persons residing within their district to a hospital or other place of destination. The expense is deemed incurred in executing the Diseases Prevention Act. (23 & 24 Vict. c. 77. s. 12.)

See also Infectious Diseases and Hospitals, p. 64; and Mortuaries and Corpses, p. 67.

Medical Charges.

When, in compliance with a regulation of the Local Government Board under the Diseases Prevention Act, 1855, a medical officer appointed under the poor laws performs any medical service on board a vessel, he is entitled to charge extra for the service, at the general rate of his allowance for his services for the union or place for which he is appointed, and these charges are payable by the captain of the vessel on behalf of the owners, together with any reasonable expenses for the treatment of the sick.

If the service is rendered by a medical practitioner who is not a union or parish officer he is entitled to charges for those services, with extra remuneration on account of distance at the same rate as those which he is in the habit of receiving from private patients of the class of those attended on shipboard, to be paid as above mentioned.

In case of dispute in respect of these charges, the dispute may, where the charges do not exceed 207., be determined summarily, at the place where it arises, as in case of seamen's wages not exceeding 50l., according to the provisions of the law for the time being in force.

A justice before whom complaint is made must determine summarily as to the amount which is reasonable, according to the accustomed rate of charge within the place for attendance on patients of the like class as those in respect of whom the charge is made. (18 & 19 Vict. c. 116. s. 12.)

Power of Entry.

The sanitary authority and their officers have power of entry for the purposes of the Diseases Prevention Act, and for executing or superintending the execution of the regulations and directions of the Local Government Board under that Act. (18 & 19 Vict. c. 116. s. 4.)

Penalty for Obstructing Execution of Diseases Prevention Act.

Anyone wilfully obstructing any person acting under the authority of the Diseases Prevention Act, and anyone wilfully violating any direction or regulation issued by the Local Government Board under that Act, is liable for every offence to a penalty not exceeding 5l. to be appropriated towards defraying the expenses of executing the Act. (18 & 19 Vict. c. 116. s. 14.)

Service of Notices, &c.

The provisions of the Nuisances Removal Acts with regard to the service of notices, the proof of orders or resolutions of the sanitary authority, and the recovery of penalties apply to the Diseases Prevention Act. (18 & 19 Vict. c. 116. s. 15.)

See Legal Proceedings, p. 74.

INFECTIOUS DISEASES AND HOSPITALS.

Penalty for Exposure of Infected Persons or Things. Any person suffering from a dangerous infectious disorder, who wilfully exposes himself without proper precaution against spreading the disorder, in a street, public place, or public conveyance;

Any person in charge of such a patient who thus exposes him;

Any owner or driver of a public conveyance who does not immediately provide for its disinfection after it has, with his knowledge, conveyed such a patient;

Any person who, without previous disinfection, gives, lends, sells, transmits, or exposes anything which has been exposed to infection;

is, on conviction before a justice, liable to a penalty not exceeding 51.

But no proceedings under this provision can be taken against persons transmitting, with proper precautions, articles for the purpose of having them disinfected. (29 & 30 Vict. c. 90. s. 38.)

If a person suffering from any dangerous infectious disorder enters a public conveyance without previously notifying to the owner or driver that he is so suffering, he is, on conviction before a justice, liable to a penalty not exceeding 5l., and he must also be ordered to pay the owner and driver all the losses and expenses they may suffer in carrying into effect the provisions of the Sanitary Act, 1866. No owner or driver of a public conveyance can be required to convey any person so suffering before payment of a sum sufficient to cover all these losses and expenses. (29 & 30 Vict. c. 90. s. 25.)

Penalty on Letting, without Disinfection, Houses in which Infected Persons have lodged.

Persons knowingly letting a house, room, or part of a house in which any person suffering from a dangerous infectious disorder has been, without having the premises and all articles therein liable to retain infection disinfected to the satisfaction of a qualified medical practitioner as testified by his certificate, are liable to a penalty not exceeding 201. For the purposes of this provision, an innkeeper is deemed to let part of a house to any person admitted as a guest into the inn. (29 & 30 Vict. c. 90. s. 39.)

Disinfection of Houses, &c.

If, upon the certificate of a qualified medical practitioner, the sanitary authority are of opinion that the cleansing and disinfecting of a house or part of a house, and of any articles in it

likely to retain infection, would tend to prevent or check infectious or contagious disease, they must give notice in writing to the owner or occupier to cleanse and disinfect as the case may require.

If he fails to comply within the time specified in the notice, he is liable to a penalty of not less than 18. and not exceeding 10s. for every day of continuing default, and the sanitary authority must cause the house or part of the house to be cleansed and disinfected, and may summarily recover the expenses from the owner or occupier in default.

When the owner or occupier is, from poverty or otherwise, unable in their opinion effectually to carry out these requirements, the sanitary authority may, with his consent, and at their own expense, cleanse and disinfect the house or part of the house, and any articles in it likely to retain infection. (29 & 30 Vict. c. 90, s. 22.

See also Mortuaries and Corpses, p. 67.

SHIPS.

Any ship, vessel, or boat in a place not within the district of a sanitary authority is deemed within the district of such sanitary authority as may be prescribed by the Local Government Board, and until a sanitary authority has been prescribed, then of the sanitary authority whose district nearest adjoins the place where the ship, vessel, or boat is lying, the distance being measured in a straight line. But no sanitary authority is hereby empowered to interfere with a ship, vessel, or boat not in British waters. (29 & 30 Vict. c. 90. s. 30.)

The sanitary authority have jurisdiction over any vessel (not belonging to the Queen or a Foreign Government) lying in water within their district. The vessel is within the provisions of the Nuisances Removal Acts as if it were a house, and the master or other officer in charge is for the purposes of those Acts deemed the occupier. (29 & 30 Vict. c. 90. s. 32.)

Penalties imposed by the Quarantine Act of the 6 Geo. 4. c. 78. may be reduced by the justices or court as they think just. (29 & 30 Vict. c. 90. s. 51.)

Every vessel having on board a person affected with a dangerous or infectious disorder is deemed within the 6 Geo. 4. c. 78., although it has not commenced its voyage, or has come from or is bound for some place in the United Kingdom. The Local Government Board, may by order, from time to time, make rules and regulations with a view to the treatment of persons affected with cholera, and epidemic, endemic, and contagious disease, and preventing the spread of these diseases on the seas, rivers, and waters of the United Kingdom, the high seas within 3 miles of the coasts and on land. Every such order must be published in the London Gazette; and this publication is conclusive evidence of the order for all purposes. The order must be carried into effect as soon as published, or at such other time as it may fix. The Board may also determine by what sanitary authorities the rules and regulations must be enforced and executed; and the expenses of the sanitary authorities are deemed expenses incurred by them carrying into effect the Nuisances Removal Acts. (29 & 30 Vict. c. 90. s. 52.)

Penalty on Disobedience to Regulations.

A person wilfully neglecting to obey or obstructing the execution of any order or regulation made by the Local Government

31415.

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Parliamentary Papers, Volume 55