Local board

may provide slaughter

LXII. And be it enacted (a), that the local board of health houses and may from time to time, if they shall think fit, provide premises for the purpose of being used as slaughter-houses;

make byelaws with respect to slaughterhouses in general.

Power to inspector of

enter places

[** (b) And they shall make byelaws (c) for and with respect to the management and charges for the use of the premises so provided, and with respect to the inspection of all slaughter-houses, and for keeping the same in a cleanly and proper state (b) :**]

Provided always, that nothing herein contained shall prejudice or affect the rights, privileges, powers, or authorities of any persons incorporated by any local Act of parliament passed before the passing of this Act for the purpose of making and maintaining slaughter-houses for the accommodation of any city, town, borough, or place (d).

LXIII. And be it enacted (e), that the inspector of nuinuisances to sances may and he is hereby empowered, at all reasonable used for sale times (f), with or without assistants, to enter into and inspect any shop, building, stall, or place kept or used for the sale of butcher's meat, poultry, or fish, or as a slaughter

of butcher's

meat, &c.

(a) The 21 & 22 Vict. c. 98, s. 45, post, incorporates the provisions of "The Towns Improvement Clauses Act, 1847," regarding slaughterhouses, as to which see Appendix.

(b) Repealed by 21 & 22 Vict. c. 98, s. 48, for the future. Quære, Is the whole of this passage repealed by the 21 & 22 Vict. c. 98, s. 48 ? Mr. Taylor, in his Edition of "The Local Government Act," Appendix, p. 214, treats it as still partly in force, namely, in regard to the slaughter-houses provided by the local board. But the language of the later statute is quite general. It applies in terms to all slaughterhouses, and it seems to be difficult to construe it as importing an exception in favor of such houses as may have been provided by the local board. (c) See sect. 115, post, as to the byelaws of the board.

(d) See also the saving contained in 21 & 22 Vict. c. 98, s. 50, post, which extends to persons and other companies than those mentioned above.

(e) See also the 26 & 27 Vict. c. 117, which has been substituted for sect. 26 of the Nuisances Removal Act, 1855, and the authority given for the inspection of slaughter-houses by 10 & 11 Vict. c. 34, s. 131, both in the Appendix.

(f) No previous notice is required to be given; indeed if it were so, the object of the search would often be defeated, as the corrupted articles might be removed.

house, and to examine any animal, carcase, meat, poultry, game, flesh, or fish (g) which may be therein;

And in case any animal, carcase, meat, poultry, game, flesh, or fish appear to him to be intended for the food of man, and to be unfit for such food, the same () may be seized;

And if it appear to a justice, upon the evidence of a competent person, that any such animal, carcase, meat, poultry, game, flesh, or fish is unfit for the food of man, he shall order the same to be destroyed, or to be so disposed of as to prevent its being exposed for sale or used for such food;

And the person to whom such animal, carcase, meat, poultry, game, flesh, or fish belongs (i), or in whose custody the same is found, shall be liable to a penalty not exceeding ten pounds for every animal or carcase, fish, or piece of meat, flesh, or fish, or any poultry or game, so found, which penalty may be recovered before two justices in the manner hereinafter provided with respect to penalties the recovery whereof is not expressly provided for (k).

trades newly

LXIV. And be it enacted, that the business of a blood- offensive boiler, bone-boiler, fellmonger, slaughterer of cattle, horses, established or animals of any description, soap-boiler, tallow-melter, to regula

to be subject

tion of local

board of

(g) The 26 & 27 Vict. c. 117, extends to fruit, vegetables, corn, bread, health. or flour, and describes all the articles as 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 language of the first part of the text above is quite general, though it is qualified in the next provision. The 10 & 11 Vict. c. 14, s. 15, also provides for the seizure of unwholesome meat and other articles exposed for sale in market places and fairs.

(h) The inspector must be careful not to seize any articles which cannot be brought within the above description; moreover, he cannot deal with any article when seized until he obtains an order of a justice.

(i) Some question may arise in regard to the ownership of some of these articles, because they may have been sold though not delivered. Hence proceedings may be taken against the person having the custody. Guilty knowledge on the part of the person proceeded against must be proved, or at least if it be disproved, the penalty cannot, it is presumed, be enforced.

(k) See sect. 129, post. The 10 & 11 Vict. c. 34, s. 131, imposes a penalty upon the owner of the slaughter-house who obstructs the inspector. See that statute in the Appendix, and notes upon it.

What are

offensive

businesses.

tripe-boiler, or other noxious or offensive business, trade, or manufacture, shall not be newly established in any building or place, after this Act is applied to the district in which such building or place is situate, without the consent (1) of the local board of health.

[Unless the said general board (m) shall otherwise direct ;] And whosoever offends (n) against this enactment shall be liable for each offence to a penalty of fifty pounds, and a

(1) See in sect. 149, post, how the consent is to be given.

A market company established by a local Act passed in 1831, erected buildings in a local district after the adoption of this Act, suitable for the slaughtering of cattle therein, and allowed persons to slaughter therein upon payment of sums as compensation. The company provided tackle, but the tools and slaughtermen were found by the persons who caused the beasts to be slaughtered. The local board had given no consent to this use of the premises. It was held that the company were rightly convicted in a penalty for breach of this enactment. Liverpool New Market Company Appts., v. Wm. Hodson, Resp., 15 L. T. (n. s.) 534; 36 L. J. M. C. 30; Law Rep. 2, Q. B. 131; 8 B. & S. 184.

(m) Their direction cannot henceforth be given. See 21 & 22 Vict. c 98, s. 8. Reference should be made to 18 & 19 Vict. c. 121, s. 27, in Appendix, as to noxious trades.

(n) The offence would be committed by the establishment of the business, i. e., by the beginning to work, but not by the mere erection of the building or premises. But notice of the objection to the establishment of the business should be given as soon as possible.

It is well to refer to the case of Wanstead Local Board of Health, noxious and Appts., Hill, Respt., 13 C. B. (N. s.) 479, where it was held that the business of brick-making was not of itself “a noxious or offensive busiDess " within the meaning of this clause. The court held, that the business must be of a noxious or offensive nature analogous to those specified at the beginning of the clause. Willes, J., observed, that "it is necessary to be extremely cautious in construing this Act, whereby trades are brought within the jurisdiction of the justices." He said, "that the substances which are dealt with in the trades which are specified are substances which, without anything being done to them, must be, or by progress of time, must necessarily become, a nuisance and annoyance to the neighbourhood."

The questions as to nuisances caused by the carrying on of businesses which are actionable or can be restrained by the Court of Chancery have been discussed in many recent cases, but from the above decision it seems not necessary to consider them here. However, Walker v. Selfe, 4 De G. & Sm. 323. Hole v. Barlow, 4 C. B. (N. s.) 334. Beardmore v. Tredwell, 9 Jur. (N. s.) 272. Carey v. Ledbitter, 13 C. B. (N. 8.) 470; 32 L. J. C. P. 104. Bamford v. Turnley, 3 B. & S. 62; 31 L. J. Q. B. 286. Luscombe v. Steer, 17 L. T. (N. s.) 229. St. Helens Smelting Company v. Tipper, 11 H. of L. 650; and Roberts v. Clarke,

further penalty of forty shillings for each day during which the offence is continued (o).

And the said local board may from time to time make such byelaws (p) with respect to any such businesses so newly established as they may think necessary and proper, in order to prevent or diminish the noxious or injurious effects thereof.

affect present

nuisances.

LXV. And be it declared and enacted, that nothing in this Act not to Act shall be construed to render lawful any act, matter, or law as to thing whatsoever which but for this Act would be deemed to be a nuisance, nor to exempt any person from any liability, prosecution, or punishment to which he would have been otherwise subject in respect thereof.

lodging

registered.

LXVI. And be it enacted, that it shall not be lawful to Common keep any common lodging house unless the same be regis- houses to be tered as next hereinafter mentioned (q); and the local board of health shall cause a register to be kept in which shall be entered the name of every person applying to register any common lodging house kept by him, and the situation of every such house;

And the said local board shall from time to time make byelaws (p) for fixing the number of lodgers who may be

18 L. T. (N. s.) 49.

may be referred to.

Cooke v. Forbes, L. R. 3 Ch. 166; 37 L.J. Ch. 166,

tected.

It is well to remember that the consent of the local board can have no other effect than to render the establishment of such a business no breach of the above enactment. It will not legalize what would otherwise be Nuisances illegal or actionable. See sect. 65, post. It is possible that a business not proabove referred to may be carried on so as not to amount to a nuisance at common law; but the statute forbids the very establishment of it without the consent of the board; and if, when established with their consent, the business is so carried on as to be a nuisance, the ordinary remedies will be available against the person so carrying it on.

For the powers and duties of local boards in regard to Bakehouses, see Bakehouses. the 26 & 27 Vict. c. 40, in the Appendix.

(0) See in sect. 129, post, the provision for the recovery of penalties.

The continuance must refer to the conviction, so as to run from the date of it. (p) Sce sect. 115, post, as to byelaws, and sect. 129, post, as to the enforcing thereof.

(9) See the provisions of 14 & 15 Vict. c. 28, and 16 & 17 Vict. c. 41, regarding common lodging houses, in the Appendix. Neither in those

G

received into each house so registered, for promoting cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restrictions under which such inspection may be made;

And the person keeping any such lodging house shall give access to the same when required by any persons who shall produce the written authority (r) of the said local board in this behalf, for the purpose of inspecting the same, or for introducing or using therein any disinfecting process, and the expenses incurred by the said local board in so introducing or using any disinfecting process shall be recoverable by them in a summary manner (8) from the person keeping the lodging house in which the same shall have been used or introduced;

And whosoever shall receive lodgers in any common lodging house without having registered the same as required by this Act, or shall refuse to admit therein, at any time between the hour of eleven in the forenoon and the hour of four in the afternoon (t), any person authorized by the said local board as last aforesaid, shall for every such offence be liable to a penalty (u) not exceeding forty shillings (v).

statutes nor elsewhere is there any definition of "a common lodging house." See Mr. Fry's note on p. 21 of his edition of the Lodging Houses Acts. But 10 & 11 Vict. c. 34, s. 116, contains a definition of " a public lodging house." See these statutes in the Appendix.

The 29 & 30 Vict. c. 90, s. 35, contains provisions in reference to houses let in lodgings which are not common lodging houses. See in the Appendix.

(r) Sect. 149, post, and 21 & 22 Vict. c. 98, s. 61, provide for the form and authentication of this writing.

(s) See sect. 129, post.

(t) This limitation as to the time of entry is omitted from 14 & 15 Vict. c. 28, by sect. 16.

(u) See sect. 129, post, as to the recovery of these penalties.

(v) It is right to refer to 14 & 15 Vict. c. 34, which enables local boards of health, if they think proper, to establish lodging houses for the labouring classes within their district, and to the 31 & 32 Vict. c. 130, which enables provisions to be made for taking down or improving dwellings occupied by working men and their families which are unfit for human habitation, and for the building and maintenance of better dwellings for such persons instead thereof. This latter Act is printed in the Appendix.