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medical officer of health, or the sanitary authority, and their officers, agents, servants, and workmen, to do all things requisite with respect to the premises.

If at the expiration of ten days after service of the justice's order, the occupier or owner fails to comply he is for every day of continuing default to forfeit not exceeding 201.; but during any failure by the occupier the owner, unless assenting to it, is not liable to the forfeiture. (31 & 32 Vict. c. 130. s. 36.)

Penalties under the Act may be recovered before two justices as directed by the 11 & 12 Vict. c. 43. or any amending Act. (31 & 32 Vict. c. 130. s. 38.)

See also Dwellings, p. 72; Common Lodging Houses, p. 75; and Labouring Classes Lodging Houses, p. 213.

BAKEHOUSE REGULATION.

Interpretation of Terms in the Bakehouse Regulation Act. "Bakehouse" means any place in which are baked bread, biscuits, or confectionery, from the baking or selling of which a profit is derived.

"Employed," as applied to any person, includes any person working in a bakehouse, whether he receives wages or not: Occupier" includes any person in possession.

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"The court" includes any justice or justices, magistrate or magistrates, to whom jurisdiction is given by this Act. (26 & 27 Vict. c. 40. s. 2.)

Hours of Labour.

No person under the age of 18 years may be employed in any bakehouse between the hours of 9 p.m. and 5 a.m.

If any person is employed in contravention of this provision the occupier of the bakehouse in which he is employed incurs the following penalties for each person so employed :

For the first offence, a sum not exceeding 2l.:

For a second offence, a sum not exceeding 5l.:

For a third and every subsequent offence, a sum not exceeding 17. for each day of the continuance of the employment, so that no greater penalty be imposed than 10%. (26 & 27 Vict. c. 40. s. 3.)

Sanitary Requirements.

The inside walls and ceiling or top of every bakehouse in any city, town, or place containing according to the last census a population of more than 5,000 persons, and the passages and staircase leading to the bakehouse must be painted with oil or limewashed, or partly painted and partly limewashed. Where painted, there must be three coats of paint, and the painting must be renewed once at least in every seven years, and must be washed with hot water and soap once at least in every six months. Where limewashed, the limewashing must be renewed once at least in every six months.

Every bakehouse, wherever situate, must be kept in a cleanly state, and be provided with proper means for effectual ventilation, and be free from effluvia arising from any drain, privy, or other nuisance.

If the occupier fails to keep the bakehouse in conformity with this provision he is deemed guilty of an offence against the Act, and is subject to a penalty not exceeding 51.

The court having jurisdiction under the Act may, in addition to or instead of a penalty, direct that within a certain time named in their order certain means must be adopted by the occupier to bring his bakehouse into conformity with the above provision. They may upon application enlarge the time appointed by their order, but any non-compliance with their order, after the expiration of the time as originally limited or subsequently enlarged is deemed a continuing offence, and is punishable by a penalty not exceeding 17. for every day, during which noncompliance continues. (26 & 27 Vict. c. 40. s. 4.)

See also Scavenging and Cleansing, p. 55.

Sleeping Places.

No place on the same level with a bakehouse, and forming part of the same building, in any city, town, or place with a population of more than 5,000 persons, may be used as a sleeping place

Unless it is effectually separated from the bakehouse by a partition from the floor to the ceiling; and

Unless there is an external glazed window of at least nine superficial feet in area, of which at the least four and a half superficial feet are made to open for ventilation.

Any person who lets, occupies, or continues to let, or knowingly suffers to be occupied, any place contrary to the Act, is liable for the first offence to a penalty not exceeding 20s., and for every subsequent offence to a penalty not exceeding 5l. (26 & 27 Vict. c. 40. s. 5.)

Inspection of Bakehouses.

The sanitary authority must enforce the Act within their district, and any officer of health, inspector of nuisances, or other officer appointed by them, may enter any bakehouse at all times during the hours of baking, and may inspect it, and examine whether it is or is not in conformity with the Act. Any person refusing admission to the inspector, or obstructing him in his examination, for each offence incurs a penalty not exceeding 201. Any inspector who is refused admission may apply to a justice for a warrant authorising him, accompanied by a police constable, to enter the bakehouse for the purpose of examining the same, and may accordingly enter the bakehouse. (26 & 27 Vict. c. 40. s. 6.)

Expenses.

The expenses of the sanitary authority under the Act may be paid out of any rate leviable by them, and applicable to the payment of their expenses under the Nuisances Removal Acts, and they may levy the rate accordingly. (26 & 27 Vict. c. 40. s. 7.) But see Rates and Expenses, p. 156.

Recovery of Penalties.

All penalties under the Act may be recovered summarily before two or more justices, in the manner directed by the 11 & 12 Vict. c. 43., or any amendment Act. (26 & 27 Vict. c. 40. s. 8.)

OFFENSIVE TRADES.

Consent of Sanitary Authority required to certain Trades.

Without the consent of the sanitary authority, the business of a blood boiler, bone boiler, fellmonger, slaughterer, soap boiler, tallow melter, tripe boiler, or other noxious or offensive business or manufacture must not be newly established in any place after the Local Government Acts* have been applied to the district in which such place is situate.

Offenders are liable to a penalty of 50l. for each offence and to a further penalty of 40s. for each day of its continuance. (11 & 12 Vict. c. 63. s. 64.)

See Legal Proceedings, p. 145.

Nuisances arising from Offensive Trades.

If a medical officer or two qualified medical practitioners certify to the sanitary authority that a candle house, melting place, soaphouse, a slaughter-house, place for boiling offal or blood, or for boiling, burning, or crushing bones, or a place used for any process causing effluvia is a nuisance or injurious to the health of the neighbours, the sanitary authority must direct complaint to be made before a justice, who may summon before two justices † in petty sessions at their usual place of meeting the person carrying on the work complained of.

If, after inquiry, it appears to the justices that the trade or business is a nuisance, or causes effluvia injurious to the health of the neighbours, and that the best practicable means for abating the nuisance or preventing or counteracting the effluvia have not been used, the offender upon a summary conviction forfeits not more than 51. nor less than 40s., and upon a second conviction 10l., and for each subsequent conviction double the amount of penalty imposed for the last preceding conviction, but the highest amount of penalty is not to exceed 2001.

The justices, moreover, may suspend their final determination if the person complained against undertakes to adopt, within a reasonable time, the means ordered by the justices to be carried into effect for abating the nuisance, or mitigating or preventing the injurious effects of the effluvia, or if he gives notice of appeal ‡ and enter into recognizances to try such appeal, and appeals accordingly.

These provisions, however, are not applicable to places beyond the limits of any city, town, or populous district. (18 & 19 Vict. c. 121. s. 27.)

* For definition, see p. 32.

† See "Removal of Nuisances," p. 96.

See "Legal Proceedings," p. 151.

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