Health Act 1873 (SA) | CaseChat AU

ANNO TRICESIMO SEPTIMO
VICTORIB REGINB.
No. 22.
An Act to make provision for the Preservation and Improvement q)-
the Public Uealth.

[Assented to, 18th December, 1873.1

HEREAS i t is desirable to provide for the preservation and Preamble.
W improvement of the public health-Be it therefore Enacted,
by the Governor of the Province of South Australia, with the advice
and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:
1. This Act shall be called and may be cited as " The Public Title OPAQ~.
Health Act," and shall come into operation on the first day of Date ofoperation,

January, one thousand eight hundred and seventy-four.
2. In this Act the following words shall have the meanings Interpretation.
assigned to them in this section-
The words " Chief Secretary" shall mean the Chief Secretary for the time being of the said Province:

The word

Province" shall mean the Province of South Aus-

tralia:

The word

town" shall mean and include any city, town, or

other place incorporated under '' The Municipal Corporations

Act, 1861,"' and any Act or Acts amending the same:

The word

person " shall include companies, partnerships, firms,

and other bodies of persons:

The word

owner " shall mean and include as well the person

in occupation or possession as the person for the time being
entitled
entitled to receive, whether on his own account or as the agent of or trustee for any other person, the rent of the land, building, or other premises in connexion with which the word is used, or who would be entitled to receive the same if the lands or premises were let at a rent:

The word "

land " shall mean and include messuages, buildings, lands, and hereditaments of every tenure, also rivers, streams, wells, and waters of every description, also easements of every description held and enjoyed with such land:

The word

drain " shall mean and include any drain of and used for the drainage of one building only or premises within the same curtilage, and made merely for the purpose of communi- cating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed:

The word

sewer " shall mean and include sewers and drains of

every description, except drains to which the word drain

interpreted as aforesaid applies:

The words

abattoir " and " slaughter-house " shall mean and

include the buildings and places commonly called abattoirs and slaughter-houses, and also knackers' yards, and any building or place habitually used for slaughtering therein cattle, horses, or animals of any description:

3-b

7 b, r.

.+ The word

cesspool " sha/l mean and include any watertight

receptacle for night so

below or above the ground.

Application of A C ~.

3. This Act, or any sections thereof, shall apply to every town; and shall also apply to such places as the Governor shall, in pursu- ance of the provisions hereinafter contained, direct that this Act, or such sections thereof, shall apply.

Appointment of

4. The Governor shall appoint any number of persons, not more than seven nor fewer than four, to be a Board for superintending the execution of this Act, Such Board shall be called the Central Board of Health; and shall have all the powers vested in, and discharge all the duties imposed upon, such Board by this Act The chairman of the Central Board, who shall be called the President of the

Central Board.

b+/d-b:'l 'IL,

- 4 Central Board of Health, together with any other 4hee-rnembers

- 4	'	thereof; shall be a quorum, and may exercise all or any of those powers, and discharge all or any of those duties. At all meetings of the Central Board the chairman shall have a deliberative vote, and if, upon any division taking place, the votes shall be equal in number, the chairman shall, upon every such occasion, have and shall give a casting vote. During any vacancy (whether of the
office of chairman or not) in the Central Board, the continuing
members, not being fewer than four, may act as if no vacancy had occurred; and if the vacancy shall happen to be in the office of
.	chairman, may select one of themselves to be their chairman, and

the

~ ~ " I M ' o R ~ E,

No. 22.

155

The Public Health Act.-X87 3.
the member so selected shall hold office only until the Governor Chairman of Board.
&all have appointed another chairman of such Board. Such selected
shall, during his tenure of office, possess all the powers vested in, and discharge all the duties imposed upon, the permanent chairman of such Board by this Act.
5. The Governor shall appoint one of the members of the Central Cheirman of Board.
Board to be ths chairman thereof. Every such chairman shall be remunerated by a fixed salary. Every other member of the Central Board shall be paid for each atteniiance at its meetings
a fee of not exceeding One Guinea.
6. The Governor may appoint a secretary, inspectors, and such OfflcemofCentrd
other officers of the Central Board as he may deem necessary for the
purposes of this Act.
7. The said Board shall, subject to the approval of the Governor, Regulations of Board-
from time to time make such rules, orders, and regulations as it may deem proper, or he shall direct, for the execution of its powers and the discharge of its duties, and for carrying out the provisions of this Act in every particular: Provided that none of such rules, orders, and regulations shall be contrary to any law. They shall be published in the Government Gazette, and from the date of such publication shall have the force of law.

by or under the direction of the said Board, and purporting to be dence.

8. Every document whatever, purporting to be issued or written Documents to be evi-

signed by the secretary of the Board, shall be received in all courts and, without further proof, shall be deemed to have been duly issued or written by or under the direction of the said Board unless the contrary is shown.
9. All expenses incurred by the Central Board of Health, with Expenditure to be

the authority of the Chief Secretary, and all the salaries of its	by
officers shall be defrayed out of the moneys that may from time	to time be appropriated by Parliament for the purposes of this Act.

10. The Council of each town shall be and is hereby constituted LocalBoardaofHealth

!he Local Board of Health for that town,

in towns.

11. From and after the coming into operation of this Act, the one Aaaitiontosectionl61

hnndred and fifty-first section of " The Municipal Corporations Act, tiom act.	of Municipal Corpora-
1661," shall be read as if the words "and of 'The Public Health
Act"' had been added thereto immediately after the last word thereof.

12. Notwithstandiner the vrovisions contained in the one hundred Council may declare

an1 sixty-fourth sectioz of

'The Municipal Corporations Act, 1861,

,, rate.

the Council of each town, without the consent of the ratepayers, and
in nddition to the rates which it is by that section authorized to
dechre, may declare and cause to be collected such other rate as

"ay

The Public Renlth Act.- 1873.
may be deemed by it proper (not exceeding One Shilling in the Pound in any one year) for effectually carrying out, the purposes and provisions of this Act.

Additiontol76.eotion

13. From and after the coming into operation of this Act the one Act, 1861," shall be read as if the words and of such further expenses as shall be properly incurred in carrying into effect the provisions of G The Public Health Act"' had been added thereto immediately after the last word thereof.

Municipal

hundred and seventy -sixt h section of

" The Municipal Corporations

tionrr Act.

Application to places

14. The Governor may from time to time define by specific bound- aries any place not being a town to which it shall be deemed expedient that this Act, or any sections thereof, shall apply; and may direct that this Act, or such sections thereof, as the case may be, shall apply thereto; and every such direction shall be published in the Government Gazette, and this Act or such sections thereof, as the case may be, shall apply to such place from the date of such publication: -vided that each such place shall be conterminous

defined.

within some district established under the

P G &

76, pc

J+ with or

1858," or any Act amending the same.

Central Board may

15. The Central Board of H

ay, in writing, on proper repre-

1.1	abate nuisances where

sentation being made and vex

y of their officers, direct any

no L ~ c ~ ~

Board of

pointed.

has been ap- owner or occupier of any

ot included in any distri6t

where a Local Board of He

n appointed, to do any act,

matter, or' thing for the re	ent, or prevention of a ~ y
nuisance, or for any of the	of this Act, within a tirde

specified therein:

And if

occupier shall neglect ko

obey the said order he shal	to appear before any two
Justices of the Peace,	a penalty as provided iin
section 54 of this Act.

h c a l Boards of

16. The Governor, whenever he directs that this Act, or any sec-

Health in places other

I I

than towns.

tions thereof, shall apply to any such place as in the

&is	mentioned, shall appoint m y numbei. of persons not more

&C	8 &' than five nor fewer than three to be a Local Board of Health fot such place, and shall appoint one of such persons to be the chairman

$--L d. ?L

thereof. The persons so appointed shall thereupon become the Local

&L.

Board of Health for that place, and shall have all the powers vested in, and shall discharge all the duties imposed upon, such Board by this Act, or by such sections thereof as the Governor shall have directed to apply to that place. The chairman, together with m y other two members of such Board, shall be a quorum, and may exercise all or any of those powers and discharge all or any of t h m duties. At all meetings of each Local Board of Health the ch tir- man thereof shall have a deliberative vote, and if, upon any divibion taking place, the votes upon each side shall be equal in number, the

$;I,

F "

5' *:

* ' chairman shall upon every such occasion have, and shall give, a casting vote. During any $acancy (whether of the office of chair- man ox not) in any such Lobal Board, the continuing members, not

X

J" being

--e .***	I
W " ' -k.&uw

37* VICTORIB, No. 22.

157

The Public

Health A c t. 1 8 7 3.

being fewer than three, may act as if no vacancy had occurred, and (if the vacancy shall happen to be in the office of chairman) may elect one of themselves to be their chairman, and the member so elected shall hold office only until the Governor shall have appointed another chairman of such board. During his tenure of office such elected chairman shall possess all the powers vested in, and discharge all the duties imposed upon, the permanent chairman of such Board by this Act.
17. Before the month of

that month in every succeed- Board.

the pear. one thousand eight t;t;;zb;'L',":;;

of every place other than a

tow11 shall estimate

as may be the amount of

the sums of money

this Act for the

May in each

such estimateunder his hand, and

in the year one thousand eight h

the first day of May in every succ

transmit a copy thereof

to the clerk of the Council of

which such place is

situate.

The Council of such

d the amount of such

estimate to the amount of the rate	it shall next make, and the
aggregate amount shall be and be	d to be a rate duly made by

such Council under the

Dis

ct, 1858 ;" and such

Council shall, and it is hereb	required to, collect
and levy the same according	d of the month of
September in each year the C	ct shall pay to such

Local Board of Health th	cntioned in such
estimate: Provided always, t	h an estimate has Proviso.
been made, circumstances h	er than a town
which, in the judgment of it proper for the purposes moneys in excess of the a lawful for the Treasurer

the approbation of t

excess to such Local Boa

80 advanced shall be i

estimate made by it, an

be repaid to the Treas

If Locd Board does

18. W henever any District

the not

Chairman of a Local Board of

for collea, Centmi Board

that year, has not before the	m a ~ r e o O 1 p e ~	*
year levied and collected the
Board of Health may pass a Board will levy and collect thereof, addressed to the
delivered to him, or left at

19. On the expiration of seven days

the time at which the L O C ~

to cesse on notice of

Board'a power

last-mentioned copy has been so deliv

or left, all the powers rololutio~,

,md

YY .

and

. 22.

The Public Health

A c t. 1 8 7 3.

cmtrtd Board em-	and authorities enabling	such	to l e q and collect
powered to levy

collect.

the amount of such estimate S

absolutely cease and determine,

so far as regards the

thereof, unless, and until

MAs/i

(~jd/

- Y

the Central Board shall

resolution, and until

such resolution has been

the Central Board may, and it

is hereby empowered to,	such amount, and to make
a rate for that purpose,	other acts necessary and
proper for enabling the	to make, levy, and collect
such rate,

Aaee~ment

book to

20. Every person having in

his custody, power, or control, the

be produced on order

of ohairman of	assessment book in force in sud	district for the then current year,
Central Board.	shall, on production to him	~f a written order, signed by the
chairman of the Central Board	for them to produce to the person
named in such order in that	behalf, such assessment book, and
permit him to take extracts the	efrom, or a copy thereof, and shall
be liable to a penalty not exce	ding the sum of Ten Pounds for
every day during which he shal	refuse, omit, or neglect to produce
such assessment book to the pei	ion named in such order.

Central Board may	21. The Central Board ma thereafter make, on the rateable property included in such ass ssment, a rate sufficient to produce the amount of such estimate a ' all the costs of making, collecting, and levying such rate, and shal publish in the Government Gazette
make rate.
a notice that such rate has bee

made.
i

centrd ~~~~d m g

32. 011 and after the e

on of

fourteen days from the

law

oollect rate. publication of such notice,

tral Board may levy and collect

such rate, which may be	d, by and in the namc of thc
Central Board of Health,	from the person appearing in
the assessment book as	ier of any rateable property, or
the owner of any unoccu	le property; or the rate may

be recovered at any t

demand from any person in

possession of the proper

e when the rate is demanded;

and if at any time the	cant, or there be no sufficient
distress, the owner sh	nd any person in the actual

receipt of the rents	ny rateable property, shall,
whether acting as ag	her person or otherwise, be
considered and liable as owner

~entralBoardmrry

23. The Central Board

nominate and appoint persons

"PQint QOu'ctOr~

to levy and collect such

and shall possess and enjoy

Power to recover

all the powers for the

thereof which are conferred on

rste.	such District Council by	Councils Act, 1858," and by
any Act amending the same.

oentral Board to pay	24. So soon as such rate has been levied and collected, the entitled thereto, the amount
of estimate,	Central Board shall pay to the Local Board of Health, which is

f the said esti.mate.
I

Powerr, h,

to be

26. The powers and r

edies hereinllefore conferred on the

aumuhtive.

Central

37" VICTORIB, No. 22,

159

The Public Health Ac t. 1873,
-

Central Board, to m3ke, le	collect, and recover such rate, shall be
in addition to all other	ers and remedies which the Central
Board, or any Local B	of Health, may have for enforcing
payment of the amount e	ted to be required by any such Local
Board under section 17

26, Each Local Board of Health shall from time to time appoint Local Boards t o ap-

such officers and servants as may be necessary for the due carrying ~	~	.	~	~	~	~	B	?
out by it of the provisions of this Act, and shall make such rules
specifying the duties of the officers and servants so appointed and employed as it may deem necessary; and may remove such I fficers or servants as and whenever such Board may see fit; andeach Local Board of Health shall direct to be paid to its officers and servants such wages, salaries, or allowances as it may deem reasonable, and may pay the same and all other expenses incurred by it in the due execution of this Act, out of the moneys which such Local Board shall receive for the purposes of this Act.

27. Each Local Boatd of Health shall, whenever the Central Board officer of health.

of Health requires it so to do, appoint, subject to the approval ,i_.	jd.t,76
of the Central Board, a fit and proper person being a legally

qualified medical practitioner, or . a properly qualified analytical

chemist, to be called the " Officer of

Health," who shall be removable

by such Local Board, with the permission of the Central Board, and
shall perform such duties and in such manner as the Central Board may from time to time by written instructions issued by it direct;

and the Local Board of every t	and other place shall direct such	,f.	a ~6
f .
remuneration as i t may see fit	paid to such health officer out
of such moneys, and in the	manner as herein is directed in
reference to other officers or s

28, No member, officer, or strvant of the Central or of any Local NO officer to be con-
Board shall be ccncerned or interested directly or indirectly in any cerned'" bargain or contract entered into by such Central or Local Board

respectively; and if any such member, officer, or servant is so	concerned or interested, or under color of his office or employment
exacts, takes, or accepts, any fee or reward whatsoever other than his proper salary, wages, remuneration, and allowances, he shall be ncayable of afterwards holding or continuing in any office or employment under this Act, and shall for each such offence incur
a penalty not exceeding Fifty Pounds.

29. Each Local Board of Health shall from time to time make such L O C R ~ B O ~ ~ ~

shall

rules, orders, and regulations in writing for efficiently carrying out ~egulatione.

make ordew and

regulations are not repugnant to any law in force in the Province, & 4+4.f7L

this Act as it may deem fit, provided that such rules, orders and

and such regulations may be confirmed and published in manner

c 8

hereinafter mentioned: Provided also that such rpgulations may be m ~ d e to apply to and to have operation in the whole or any part of the town or other place in which such Local Board has jurisdiction, and that such orders may be addressed to one .or more of the owners or occupiers within the jqriadiction of the Local Board which made

the same. 30. Each

The Public Health Act .1873.
--P

Peaaltieafor brewhe

30. ;Each Local Board, by the regulations so to be made, may impose such penalties, not exceeding Ten Pounds, as it thinks fit, for every breach of any such regulations; but every such repulation shall be framed so as to allow the Justices before whom a 6 penalty imposed thereby is sought to be recovered, to order the whole or part only (not being less than Five Shillings), of such penalty to be paid.

Confirmation of regu-

31, No regulation made by a Local Board under the authority of

latione.	this Act shall be of any force until it has been confirmed by the
Notice of application	Central Board, which is hereby empowered to allow or disallow the
,conhree~.tionh	same, as it thinks fit; and no such regulation shall be confirmed unless notice of the intention to apply for a confirmation of the same shall have been given, as in the next following section is provided, by the Local Board in the town or other place for which such regu- lation has been made.

copy of regulation4 33, For one month at least previous to any such application for

purchued.

may be inspt?cted and confirmation of any regulation, a copy of the proposed regulation

shall be kept at the office of the Local Board, and all persons may at reasonable times ins~ect such c o ~ v without fee: arid the Local Board shall furnish ;very person 460 applies for 'the same with a copy thereof, or of any part thereof, on payment of sixpence for every one hundred words so to be copied; and a notice of the intention of

By-laws to be pub-

the Local Board to apply for the confirmation thereof shall, during

liehed.

such month, be given at least once in each week in some newspaper circulating in such town or other place. Every regulation, when confirmed, shall, before coming into operation, be published in the Government Gazette, and from the date of such publication shall have the force of law.

Evidence.

33. The production of a document purporting to be a copy of any

rule, regulation, order, authority, consent, or notice, and purporting

body, or by the signature of the chairman of any other Local Board: to be authenticated by the seal of any Local Board which is a corporate

shall, unless the contrary is shown, be evidence of the existence and

of the due making or giving of such rule, regulation, order, authority,

consent, or notice, as the case may be.

Appeal from regula-

tions of Local Board

34. If any person shall deem himself aggrieved by any regulation of any h e a l Board of Health, such person may address a memorial thereon to the Central Board, stating the grounds of his complaint and the manner in which he may be prejudiced by such regulation; and the said Central Board may (notwithstanding any previous confirma- tion or allowance thereof), reverse and rescind, or vary, such regula- tion, as to it shall seem fit.

to Central Board.

hc.1 Boara

have

alternative procedure. to any town or other place, and this Act contain provisions for effect-

36. Whenever any Act now or hereafter to be in force relating

ing the same or a similar object, but in different modes, the Local Board of Health of such town or other place may proceed under such firsbmentioned Act, or ~ n d e r this Act. 36, The

36. The Central Board of Health may, in writing, direct any Local D

irectiona of centrd

Board of Health to do any act which such Central Board may deem Board how enforced.

necessary or proper for carrying out effectually the purposes of this NO

~ c t,

and which such Local Board may lawfully do;

and in every such

*&ten direction shall be specified a time within which such act shall be done. If such act is not done within such specified time the

Board may obtain, by an ex parte application made to any Judge of

S . 2 6 6

the Supreme Court of the Province, a summons, calling upon the chairman of such Local Board to state why such act has not been done, and to show cause why such Local Board should not be ordered to do it forthwith, or as soon as it conveniently can; and upon such chairman appearing or omitting to appear in obedience to such sum- mons, the Judge who granted such summons (or, in his absence from Court, any other of the said Judges) may, upon the application of the Central Board, make such order, both as to costs and otherwise, as shall seem to him just and proper to carry out in the most efficient manner the provisions of this Act.

If any act directed in such order to be done by the Local Board named therein be not done within the time specified in that behalf in such order, the Central Board may pass a resolution to the effect that the Central Board will do such act, and shall cause a copy thereof, addressed to the chairman of such Local Board, to be delivered to him, or left at the office thereof.

3'7. On

the expiration of seven days after the time at which the on notioe to Low1

last-mentioned copy has been so delivered or left, all the powers its powers to cease

Board of resolution

and authorities enablir~g such Local Board to do the act and Central Board

may do the act.

specified in that resolution shall, so far as regards the doing of that act, absolutely cease and determine, unless and until the Central Board shall rescind the resolution, and until it has been rescinded the Central Board may and it is hereby empowered to do such act, at the expense in all things of the defaulting Local Board; and for the purpose o f enabling it to do that act, the Central Board shall, until such act has been done, D	W	4 4
possessed and enjoyed on that behalf at the time of the receipt of	and enjoy all the powers and authorities which the Local Board or such resolution has been rescinded, but no longer, possesa	such copy.

'
38. The powers and authorities conferred by the next preceding Powers, &C., to ba
section on the Central Board, shall be in addition to all other powers cumulative.
and authorities and remedies which it or any person may possess or
be entitled to for enforcing the doing of such act.
39. Tt shall be lawful for the said Judges, or any two of them, to Power to J u d w
make any such general rules and orders for the effectual execu- make rules.
tion of section 36 of this Act, and of the intention and object
thereof as to them shall seem expedient.
All such rules shall forthwith after the making thereof be pub-
lished in the G.ovemment Gazette, and ghall be binding and
in force from the date of such publication. 40. Every
ZZ
40. Every Local Board shall make a report to the Central Board, during the months of January and July in every year, and at such other times, and in such form as the Central Board shall direct, in regard to.the health, cleanliness, and general sanitary state of the town or other place for which such Local Board is established; and such report shall contain a statement of all works executed, and proceed.

Board to report

~ C e n t r a l B o a r d o
ings taken by such Local Board during the period to which such
report relates.
41. Upon the appearance of any epidemic, endemic, or contagious or occ~~rrences involving or affecting, or likeiy'to involve or affect the aanitarv condition of any town or other place. the Local Board thereof shall irnrnediatelp:report the same tothe central Board; and
Local

appearance of certain

report

diseases to Central	disease, or any indications thereof, or of	any peculiar circumstances
Board.

such report shall be accompanied by such remarks, evidence, or
information, as such Local Board may possess or can acquire in regard to the disease, locality, or other facts that may have come to its knowledge, and may ,tend or appear to tend towards the better or more full comprehension of the disease, indications, occurrences, or circumstances so reported, and of the nature and cause thereof.

Central Board to

42, Upon the receipt of any such last-mentioned report from any Local ~ o a r d,

transmit report t 9 the	the Central Board of Health shall forthwith consider it,
ChiefSearetaEJ,

and shall then transmit the same to the Chief Secretary, accom- parried by such information, remarks, and suggestions as such Central Board deems fit or desirable under the circumstances to make:
The Central Board shall make reports upon and transmit infor- mation respecting the public health to the Chief Secretary, in such form and at such times as the Chief Secretary shall direct.

Governor to direct

43. The Gover,nor may make Orders in Council, directing that the epidemic, endemic, and contagious diseases be put in force in the

enforcement of

provi-

i o n

provisions hereinafter contained for the prevention and mitigatioii of

dimasea.

Province, or in such parts thereof, or in such towns and other places

therein, as in such orders respectively may be expressed:
The Governor may make such Orders, as may seem to be necessary for the purpose of prohibiting or regulating the introduction into the Province from any country or Colony, or part of a country or Colony (in which respectidy any disease in sheep, cattle, horses, swine, or other animals of the same or any other kind or kinds whatsoever is known to exist), of all sheep, cattle, horses, swine, or other animals of the same ok any other kind or kinds whatsoever, or of meat, skins, hides, horns, hoofs, or other parts of any animals, or of hay, straw, fodder, clothes, or other articles likely to prop-

,+	gate amongst men or animals any infectious or contagious disease whatsoever:

The

The Public Health Act.--1
F
The Governor may also make such Orders, as may seem to be necessary for the purpose of prohibiting or regulating the mode and time of the removal to or from such parts or places within the Province as may be designated in any such order, of all sheep, cattle, horses, swine, or other animals of the same or any other kind or kinds whatsoever, or of meat, skins, hides, horns, hoofs, or other parts of any animals, or of hay, straw, fodder, clothes, or other articles likely to propagate amongst men or animals any infectious or contagious disease whatsoever:
,411 Orders for any of the purposes hereinbefore in this section mentioned shall have the like force and effect as if the same had been inserted in this Act; and every person offending against any order made under the authority of this section shall for each and every offence forfeit and pay a penalty not exceeding Fifty Pounds, or such smaller sum as the Governor may in any case by such Order direct.

44. After the is ing of any such Order as is in the first part of c	make regulations to
ontral Board to

the last section

entioned, and whilst the same shall continue mitigate the effect

and

in force, the

ntral Board of Health may issue such regula- $

;

tions as it sha

think fit to mitigate as far as possible the effect,

$~.+~J96&76

axld to preven and check the spread of, such epidemic, endemic, or

contagious d' eases.

& a$=

G C 3

The said Board may, by such regulations, provide for the effectual cleansing of streets and public ways and places by those

-45

entrusted by law with the care and management thereof, or by the owners of houses and tenements adjoining thereto; for the cleansing, purifying, ventilating, and disinfecting of houses, dwellings, churches, schools, places of assembly or entertainment, and all other buildings by the owners or persons having the care and ordering thereof; for diminish- ing, lessening, and regulating the number of the inmates and occupants of lodging-houses or other public buildings;	for causing public and private privies, waterclosets, and	earthclosets to be established and pr~perly constructed and
maintained in any town or other place, and in any house, or other building"; for the removd o h i s a n c e s; - for the speedy interment of t h e dead; and generally for prevent- ing the spread, and mitigating the effdct of such epidemic, endemic, or contagious diseases in such manner as to it may seem expedient. The said Board may, by any such regulations, authorize, require, and direct any Local Board of Health or officers specially appointed for that purpose to superintend and see to the execution of any sucb regulations, and to provide for the dispensing of medicines, and for affording to persons afflicted by or threatened with such epidemic, endemic, or contagious diseases such medical aid as may be required, and to do and provide all such acts, matters, and \

things
things as may be necessary for executing or superintending and aiding in the execution of such regulations; and such regulations shall extend to all parts, towns, or places in. cloded in any Order to be issued by the Governor as &e-
said, unless such regulations shall be expressly confined to some of such parts, towns, or places, and shall continue in force until such Order be rescinded in the parts, towns, or places to which such regulations shall extend.
.
n

A,d +&wku3. be at any

time 4hwdkw.certified to the Central Board of Health, or any Local Board of Health by any medical officer, or any two legally qualified medical practitioners, or by any six householders, or by a qualified analytical chemist appointed by the Central Board, to be a nuisance, or offensive to the inhabitants of the neighborhood, or others living adjacent thereto, or so near as to be affected by the influence thereof, or injurious to their health, the Central Board of Health, or the Local Bpard of Health, shall cause to be summoned before any two Justices the person by or in whose behalf the work so complained of is carried on:
Those Justices shall inquire into such complaint, and if it shall appear to them that the trade or business carried on by the person complained against is a nuisance or causes any effluvia or fumes offensive to the inhabitants of the neighborhood,
or others living adjacent thereto, or so near as to
be affected by the influence thereof, or injurious to their health, and that such person has not used the best prac-
, ticable means for abating such nuisance or counteracting
or destroying such effluvia or fumes, the person so offending

(being the owner of the premises, or being a foreman

or other person employed by such owner) may be convicted by the Justices of such offence, and shall, upon a summary conviction for such offence, forfeit and pay a sum of not more than Five Pounds, nor less than Forty Shillings, and upon a second conviction fbr such offence, the sum of Ten

- Pounds, and for each subsequent conviction, a sum double the amount of the. penalty imposed for the last preceding conviction; but the highest amount of such penalty shall not in any case exceed the sum of Two Hundred Pounds: Provided always, that the .Justices may suspend their find determination in any such case upon condition that the person so complainedg against shall undertake to adopt within a reasonable time, to be fixed by such Justices, such means

The Pzcblzc Health Act.-1 873.
as the said Justices shall judge to be practicable, and shall order to be carried into effect for abating such nuisance or mitigating or preventing the offensive or injurious effects of such effluvia or fumes:
Every distillery, manufactory, brewery, slaughter-house, and every Remvoir for refuaa.
establishment for the boiling, preserving, or preparing of-any animal matter, shall be provided with a cesspool or reservoir for the receipt and deposit of the refuse of such works so far as the same is offensive or dangerous to the health of persons living in the vicinity; and such cesspool or reservoir shall be periodically emptied of its contents and kept continuously in as inoffensive and cleanly a condition as possible, and shall be kept covered if the Local Board of the town or other place in which i t is situate shall so direct, and it shall not be lawful to empty or suffer to flow into any surface drain or running fresh water stream the contents of snch cesspools or reservoirs aforesaid; and the owner or occupier of every such distillery, manufac- tory, brewery, slaughter-house, or establishment aforesaid may
be compelled, by order in writing of snch Local Board, to use
the best practicable means for rendering such refuse inoffen-
sive or innoxious before the same is discharged.

46. Upon the certificate of the officer of health, or of any two F

ilthy bnusea to be

legally qualified medical practitioners, to any Local Board of whitewashed and	oleaneed.
Health that any house or part thereof, or any outbuilding connected or used therewith, and situate in the town or other place in which such Board acts, -is in such a filthy or unwholesom~ condition that the health of any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any house, outbuildings, or part thereof would tend to prevent or check the spread of infectious or contagious disease, such Local Board shall give notice in writing to the owner of such house, outbuilding, or part thereof, to whitewash, cleanse, or purify the same, as the case may require. If the person to whom notice is so given hils to comply therewith	within such time as shall be specified in the said notice, the Local	Board may cause proceedings to be instituted against such person
for an offence against this Act, and may cause such house, out- building, or part thereof, to be whitewashed, cleansed, or purified; and the expenses incurred by such Local Board in so doing, shall be repaid by the owner, and recovered as hereinafter mentioned.

47. The Local Boards of Health, within their respective jurisdic- Management

suwera and drains.

tions, shall cause all sewers and drains to be kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed, and emptied; and for the purpose of clearing, cleansing, and empty-
ing the same, may construct and erect such works as may be neces-
sary, and may cause all or any of such sewers to communicate with and be emptied into such places, the same not being a fresh water running stream, as they may deem fit or necessary; and no person shall, without the consent of the Local Board, cause any private drain or sewer to be emptiiid or flow into any public drain or sewer under

AAA

the

the control of such Local Board, nor db any act, matter, or thing which shall, in the opinion of such Local Board, tend to the injury
or stoppage of any such drain or sewer.
-

deemed to be a nuisance, and inju~ious

to health.

'Each Local Board shall provide that all drains whatsoever, and the waterclosets, earthclosets, privies, cesspools~ and ashpits within its jurisdiction shall be constructed and kept in such a manner that the same shall not, nor shall the contents thereof, be a nuisance, or injurious to health, and that there h a l l be no overflow, leakage, or soakage therefrom; and may, upon the written application of any person showing that any such drain, watercloset, earthcloset, privy, cesspool, ashpit, or other matter is, or that the contents thereof are, a nuisance or injurious to health, or on the report of the in- spector or other officer of the Local Board, that such drain, watercloset, earthcloset, privy, cesspool, ashpit, or other matter is not constructed or kept, or that the contents thereof are,not kept according to this Act or any regulation or Order made in that behalf, and after twenty-four hours' notice in writing, or in case of emergency without any notice, to the occupier of the premises of w%ich complaint shall be made by themselves, or by an officer or servant of such Board, make entry -upon and examine such premises, and cause the ground to be opened, or do any other necessary act to examine any drain, watercloset, earthcloset, privy, cesspool, ashpit, or other place, and the contents thereof:
If such drain, watercloset, earthdoset, privy, cesspool, ashpit, or
other place shall be found to be in proper order and con-

dition, the Local Board shall cause the ground to be closed, and any damage done to be made good as far as can be at

the expense of such Local Board; but if any drain, cesspool,

watercloset, earthcloset, privy, ashpit, or other place shall be found to be in (bad condition, or require alterations or amendment, the ground shall be closed up and notice in writing given by such Local Board to the owner requiring 'him to make such alteration or amendment within a time to

be named in such notice; and if such owner shall fail to

comply with such notice, it shall be competent for the Local Board either to cause such alteration or amendment to be executed at the expense of the owner of such premises, or to cause proceedings to be instituted against such owner, for an offence against this Act.

The Pub&

Health A c t. 1 8 7 3.

----

--
upon him by the Local Board of Health of the town or other place
which such house is situate, or its officer:

Each Bocal Loard of Health shall cause to be drained, cleansed, covered, or filled up all

onds ols, open ditches, sewers,

filth, water, -matter, or thing of an offensive nature, or	drains, and place used +-'-? or the CO l6ction of any drainage,
likely to be prejudicial to health, and situate within its
jurisdiction, by makimg and serving an order in writing upon the person using the same or permitting the same to to be used for any such purpose, or upon the overseer, or owner, of any premises' whereon the same are so used, requiring him, within a time to be specified in such order, to drain, cleanse, cover, or fill u~ any such pond, pool, ditch, sewer, drain, or place, or to construct a proper sewer or drain for the discharge thereof, as the case may require.

If the person to whom any such order as is in this section mentioned irr lawfhlly given fails to comply therewith, the Local Board by which such order was given, may cuuse pro- ceedings to be instituted against such person for an oEence against this Act, and may execute the works mentioned or referred to therein at the expense of the person to whom such order was given,

diction of a Local Board of health, shall have such covered drains sewere and houeea.

50. All houses hereafter to be erected or rebnilt within the juris- Management of

leading to such sewer or other places having such a fall and constructed of such materials as such Local Board shall by written notice direct; and such Local Board may, in the case of there not being any sufficient drain from any house or other buildings within its jurisdiction (whether 'erected at any time before or after the coming into operation of this Act), cause notice in writing to be given to the owner to construct a drain of such nature and des-	cription as such Local Board shall think necessary and shall insert
in such notice; and if' such drain at the expiration of the time to
be named in such notice for the completion thereof shall not have been constructed, the Local Board may causc proceedings to be insti- tuted against such owner for an offence against this Act and may cause such drain to be constructed at the expense of such owner.

51. All houses shall have attached to them such waterclosets, HOWB

to have

privien.
earthclosets, or privies, with proper doors, coverings, drains, and cess- situate, sufficient for such houses respectively:
pools, and so constructed as shall be, in the opinion of the Local
If at any time it shall be made to appear to any Local Board of Health that any house or building within its jurisdiction, whether built at any time before or after the coming into operation of this Act, has not a sufficient watercloset, earth- closet, or privy, with proper doors, coverings, drains, cesspools,
and the'owner, on notice in writing to that effect from such

Local,

The Public Health Act.-1873.
Local Board, shall not erect such sufficient watercloset, eaxth- closet, or privy, with proper doors, coverings, drains, and cesspools within the time to be named in such notice, such Local Board may cause proceedings to be instituted against such owner for an offence against this Act, and may cause a privy, or watercloset, or earthcloset, with proper doors, cover- ings, drains, and cesspools to be erected at the expense of such owner or occupier.

Public privies may

52.

Each Local Boardof Health may provide and maintain in proper and convenient situations, and in proper repair and condition water- closets, earthclosets, privies, urinals, and other similar conveniences for public accommodation, and defray the necessary expenses out of
be provided.
the moneys received by such Board for the purposes of this Act.
Buildinge in whioh

many persons collected	53. If it shall appear to any Local Board of Health that any house a school, or a factory, in which persons above twenty in number are, or are intended to be gathered or employed at one time, such Local Board nhall, by notice in writing to the owner of such house or building, require him, within a time to be specified in such notice, to construct a sufficient number of waterclosets, earthcloeets, or privies for the use of such persons, and (if they are of different sexes) separate waterclosets, earthclosets, or privies for the use of each sex; and if the awner c:hall neglect to erect such waterclosets, or earthclosets, or privies within the time mentioned in such notice, such Local Board may cause proceedings to be instituted against such awner for an offence against this Act, and may cause a sufficient number of waterclosets, or earthclosets, or privies to be constructed
to have privies.	or building within its jurisdiction is used or intended to be used as
at the expense of the owner of such house or premises.
Overcrowding in
houses.	54. Upon the certificate of the officer of' health of any Local Board of Health, or of any two legally qualified medical practitioners, that

'-QJ

"&any

house or buildinw or m y part thereof is so overcrowded as to be

dangerous or prejudicial to the health of the inmates or inhabitants, or persons employed therein, the Local Board of Health, within the

-	jurisdiction of which such house or building is situate shall cause complaint to be made before any Justice, who may summon before
any two Justices any person permittinq or having power to prevent
such overcrowding; and the Justices shall thereupon make such order* as they may think fit to abate such overcrowding; and the person permitting such overcrowding shall forfeit a sum not exceeding Five Pounds nor less than Twenty Shillings.

the officer of health of any more duly qualified medical ear to any such Local Board
or slaughter-houss, or any d for the sale of butchers'

r carrying on the business

er, starch manufacturer,

meat

.
37" VICTORIB, No. 22.
The Public Bealth Act.-1 873.
boiler, meat preserver, blood boiler, bone boiler, bone crusher, tripe boiler, boiler of refuse or animal matter. tanner, currier, or fell- monger, or gas manufacturer, or the premises occupied with the same or appurtenant thereto, situate within the jurisdiction of such Board, is or are in such a filthy state or unwholesome condition that the health of any Person is, or is likely to be, endangered thereby, or that the whitewashing, cleansing, ventilating, or purifying of any such place, premises, or appurtenances would
1 or epidemic diseases, or to abate any nuisance arising from any tend to prevent or check the spread of infectious, contagious,
such place or premises, such Local Board or Justices shall give or cause to be given notice in writing to the owner of such place or premises to whitewash, cleanse, ventilate, or purify the same as the case may require, within a time specified. The said notice may be served by leaving a copy thereof with any person found on the premises, or by affixing a, copy thereof on a conspicuous part of the place or premises directed to be whitewashed, cleansed, ventilated, or purified as aforesaid; and if the person on whom such notice ia served fails to comply therewith within such time as may be specified in the said notice, he shall be liable to a penalty not exceeding Five Pounds for every day in which he continues to make default.

that all private passages, yards, ways, rtnd other premises are kept in be cleansed.

56. The Local Board of every town or other place shall take care Private premiaerr to

such a state in respect of cleanliness as not to be a nuisance or injurious to health; and if at any time it shall appear to any such Local Board that any accumulation of manure, dung, soil, filth, blood,

offal, coal-ashes, or other offensive or noxious matter ought to be removed from any butchers' shambles, abattoir, slaughter-house, yard, house, out-building, lane, alley, private passage, way, or other place within its jurisdiction, such Board shall make an order in writing, directing the owner of the premises whereon it is, to remove the

same within a time to be named in such order, and shall cause the

same to be served on such owner personally, or in manner in the

next preceding section mentioned.

57. The Local Board of every town or other place shall make and Abattoirs and

enforce ordew, directing that all abattoirs, slaughter-houses, and

slaughter-houses to be

other premises used for the purpose of slaughtering any cattle, sheep, or other animal, and all stables, cowyards, cattle sheds, and pigstyes within their jurisdiction, shall be paved or flagged with brick, stone, hardwood, or such othcr material as it may approve, and shall have such drains and receptacles for offal, dung, or- other - filth or refuse, as the Local Board may by order in writing direct:

If it shall appear to any Local Board that any such abattoir or slaughter-house or other premises in the said town or other place, used for the purpose of slaughtering, or as a stable, cowyard, cattle shed, or pigsty as aforesaid within its jurisdiction, is not properly paved or flagged, or has not

BBB

proper

,

37" VIcrL'QRIB, No. 22,

The Pablic

Health A c t. 1 8 7 3.

proper drains or receptacles as aforesaid, such Local Board may by a written notice direct the occupier or person in possession of such premises, to pave or flag the premises in his occupation or possession, and provide drains and recep- tacles as aforesaid, within a time specified in such notice, aria every such occupier or person who does not within that time comply with such notice shall be liable to a penalty of Ten Shillings for every day he shall continue to make default in complying therewith, and such Local Board may cause such premises to be paved or flagged, and drains and receptacles provided, at the expense of the occupier or person in possession of the premises, such expense to be recovered
by such Board from such occupier or person in a summary
manner as is hereinafter provided.

Lanesand wda t o be	58. In case any street, lane, yard, or passage, or other premises, or any p a t thereof, formed or set out on private property, is not formed, paved, levelled, or drained to the satisfaction of the Local Board of Health of the town or other place in which the same is situated such Local Board may, by notice in writing to the r
formed.

2J-*'j7rk4z o w o f

the premi~es

fronting, adjoining, or abutting upon suc

parts thereof as may require to be formed, paved, levelled, drained,

3 0

or made good, require them to form, pave, level, drain, or make good the same, in such mapner and according to such levels and specifi- cations as may be approved by suchLocal Board of Health, and within

a time to be n w in such notice; and if such notice iGotZ?iG

p%iwiE, the said Local Board of Health may enter upon such

private property and execute the work mentioned or referred to therein, and the expenses incurred by it in so doing shall be ai by

the owners in default, in such gcoportiopas ma

-----.-

be fixe

&he

Local Board of Health, and shall be recovera ie asxieinafter

- - %

provided.

&wets and other

places to be cleansed,	59. Each Local Board of Health may provide, by regulations, that all streets within its jurisdiction, including foot pavements thereof,	shall be properly swept, cleansed, and watered, and that all dust,	mud, ashes, rubbish, filth, dung, and soil thereon shall be collected
and removed; and may make regulations for the removal by the occupier, or in case of his default by the said Local Board, of dust, mud, ashes, rubbish, filth, blood, offal, manure, dung, or soil, collected, placed, or found in or about any house, stable, cowhouse, streei, or place whatsoever within its jurisdiction, and for preventing the deposit thereof in or by the side of any such street, or so as to be a nuisance to any person, and for requiring the occupiers of premises to provide boxes or other specified receptacles for the temporary deposit of house refuse, and for authorizing and directing the placing of such boxes or other receptacles at or between certain specified hours, in places at or contiguous to such premises, and convenient for the discharge and removal of the contents of such boxes or receptacles; and for regulating the times and manner of cleansing and emptying waterclosets, earthclosets, privies, cesspools,

and

37" VICTORIB, No. 22.

171

The Public

Health A c t. 1 8 7 3.

-
and places for the deposit of night-soil, offal, or blood, and for regulating the disinfecting or the deodorizing of the night-soil, offal, or blood contained therein or removed therefrom.
60. Each Local Board of Health may provide in proper and con- placsa to be provided

venient situations, boxes or other receptacles for the temporary ~ ~ p " $ c ~ f

'UbbiDh*

deDosit and collection of dust, ashes, and rubbish, and also fit build- ings and places for the deposit of the sewage, soil, dung, filth, ashes, dust, and rubbish collected by, or by the permission of such Board; and all sewage, soil, dung, filth, ashes, dust, and rubbish so collected by, or by the permission of the said Local Board, or in any box or other receptacle provided as aforesaid, shall be vested in and be sold and disposed of by such Board, and the proceeds of such sale shall be carried to account of the rates or moneys applicable to the purposes of this Act:

Each Local Board of Health may undertake or contract with any person for the proper cleansing of streets, the removal of house refuse from any premises, the cleansing of waterclosets, earthclosets, privies, ashpits, or cesspools; and all matters thus collected by the Local Boardof Health or contractor may be sold or otherwise disposed of, and any profit thus made by

the Local Board of Health shall be carried to the account of
the rates or moneys as aforesaid:
Whosoever deposits or causes to be deposited any filth, dust, ashes, or rubbish in any place except such boxes or con- veniences so provided, or without the consent of the said Local Board collects or removes any sewage, soil, dung, filth, ashes, dust, or rubbish (except in cases where such matters are produced on his own premises, and are removed for sale or for his own use as manure, and are in the meantime kept so as not to be a nuisance or injurious to health), or obstructs the Local Board of Health or such contractor in removing any such matters or wilfully or negligently damages such boxes

or other receptacles shall, for every such offence, be liable

to a penalty not exceeding Five Pounds.

61. Any Local Board of Health, or any officer of such Board acting Unwholesome foaa to
under the authority thereof; may at all reasonable times enter into and inspect any butcher's, poulterer's, or fishmonger's shop, or any abattoir or slaughter-house, or any shop, building, stall, or place kept
or used for the sale of any provisions or other articles used or
intended to be used as food for human consumption, and may examine ally carcass, provisions, or articles which may be therein, and may also inspect any carcass, provisions, or articles, or any part thereof which may appear to such Board or officer to be intended as food for human consumption if offered or exposed for sale by any hawker or such like person; and in case any such carcass, provisions, or articles, or any part thereof respectively, appear to such Board or officer to be intended as food for human consumption, and to be unfit for such food, may seize and carry the same before two Justices:

37" VICXORIJ3, NO.

+ 22.

The Public Health Act,-1873.
I.n case, upon inspection or examination by or before such Justices, such carcass, provisions, or articles, or any part thereof re. spectively, shall be found by such Justices to be unfit for food for human consumption, sach Justices shall order the same to
be immediately destroyed, or to be otherwise disposed of, so
as to prevent the same being exposed for sale or used for such food; and the sale or exposure for sale, or the possession with the intention of selling for human food of any such carcass, provisions, or articles, or any such part thereof re- spectively, shall be an offence under this Act, and the person guilty of such offence shall, in addition to the penalty which may be imposed upon him, be charged with and shall pay the expenses incurred in the seizure, carriage, inspection, examination, and destruction or other disposition of such provisions or articles.
Local Board may

order works to be	62. In any case where it is ordered or notified by or under the act, matter, or thing for the removal, abatement, or prevention of any nuisance, or for any of the other purposes of this Act, or construct any works for the aforesaid purposes, or any of them, the Local Board of Health which gave such order or notification may, by the same or any subsequent order or notice in writing, require the person occupying or in possession of the premises, or the agent receiving the rent for the same, to do any such act, matter, or thing, or to construct such works as the said Local Board may deem necessary, within a time specified therein; and any such ownm, and also the person occupying or in possession of premises, or such agent as aforesaid, who shall refuse or neglect to comply with such direction, order, or notice, after service thereof, and within the time named therein, shall be liable to a penalty for each and every day after the expiration of such specified time of not more than Fivc Pounds:
done by occupier in-	authority of this Act that the owner of any premises shall do any
stead of owner.

Provided that any expenses incurred by the person occupying or	in possession of the premises, or such agent, in complying
with the said direction, order, or notice of the Local Board shall (unless any nuisance so removed or abated had been caused or created by or by the default of such occupier) be summarily recoverable by the person occupying or in possession of such premises, or such agent, from the owner before two or more Justices as money paid to the use of such owner, or may
be deducted from or set off against the rent then due, or there-
after to become due, and the owner from or against whom such expenses are so recovered, deducted, or set off, if he be a tenant to another person of the same premises, may in like manner recover, deduct, or set off the said expenses, any covenant or agreement whatsoever to the contrary notwith- standing:

Provided also that when the owner or occupier of any premises is,
from poverty or otherwise, unable in the opinion of the Local

Board

37" VICTORIAE, No. 22.

173

The Public Health Act.-1873.
Board effectually to carry out the requirements of any order or regulation made by it, or of any of the provisions of this Act relating to the removal, abatement, or prevention of any nuisance, or the construction of any works for any of the purposes of this Act, the Local Board may, without enforcing the performance of such requirements on such owner or occupier, enter the said premises, and out of the sates or moneys applicable to the execution of this Act, remove, abate, or prevent such nuisance, or construct such works.

permission, or sufferance, a nuisance arises, or the owner of abate nuisances.

63. Whenever it appears that the person by whose act, default, LocalBoara may

the premises whereon the nuisance exists, is not known or cannot be found, then the Local Board of Health within the jurisdiction of which such premises are situate shall remove, abate, or discontinue the nuisance, and the cost shall be defrayed out of the rates or moneys applicable to the execution of this Act, but shall remain a charge upon such premises, and be recoverable from any owner thereof at any time within six years from the time
the same was incurred.

64. In any case where a nuisance shall have been ascertained by a Order may be

ourrii&c-ro

Local Board of Health to exist within its iurisdiction. and (althou,ueh	<
the same may have since been removed o; discontinukd) tdbe l i k h to recur or be repeated on the same premises, or a part thereof, such Local Board may make an order in writing on the person by whose act, default, permission, or sufferance the nuisance is likely to recur or be repeated, or (if such person cannot be found or ascertained) on the owner of the premises on which the nuisance existed, requiring him to erect such works, or do or abstain from doing such other acts, as the case may be,.as may be necessary, in thewjudgment of such Local Board, to prevent the recurrence and repetition of the nuisance, and a time within which such works or other acts are to be erected or done s h ~ l l be specified in such order; and if the	nuisance proved to exist be such as to render a house or	building, ih the judgment of such 1,ocal Board, unfit for human
habitation, such Board may, by the same or any subsequent order in writing, prohibit the using thereof for that purpose until it is rendered fit for that purpose in its judgment; and the Board, on being satisfied that it has been rendered fit fbr such purpose, may determine its previous order by another order in writing., 8eclaring-such house

or other building habitable, and from the date of the last-mentioned

order, but not before, such house or other building may be let or

inhabited.

65. If any person shall neglect to obey the said order for abate- Penalty fortiisobedi-
ment or prohibition he shall, on complaint thereof being made to a ence to order. of the Peace, and if he shall fail to satisfy the said Justices that he
has used all due diligence to carry out such order, he shall be liable

ccc

for

VICrQRIAE, No. 22.

The Public Health Act.-1813.
for every such offence to a penalty of not more than Twenty Shillings for each day on which he neglects to obey such order, and any person knowirrgly or wilfully acting contrary to thc said order of prohibition shall be liable for every such offence to a penalty not exceeding Forty Shillings for each day during such contrary action; and the Local Board which made such order may remove or abate the nuisance condemned or prohibited, and execute such works and do such acts to prevent the recurrence or repetition of the nuisance as may be required by such order, at the expense of the person on whom such order was made, such expense to be recovered as herein- after provided.

Expenses recoverable.

66. Any expenses incurred under this Act by any Local Board of

Health shall (except when otherwise ordered by the Local Board

4,	under the last proviso of the sixty-second section) be payable by and

5-=cA

premises wherenn or wherein such nuisance or other cause of offence recoverable from the person occupying or in possession of the

existed, or by and from the agent for the said property; and in all cases in which it is provided by this Act that any works which may be necessary for any of the purposes of this Act may be done at the expense of the occupier of premises in which such works shall be necessary, such expenses shall be recoverable by him or by such agent from the owner thereof as money paid to his use, or the same may be deducted by the occupier fronz or set off against the rent then due or thereafter to become due, any covenant or agreement to

*	the contrary whatsoever notwithstanding.

Expenses incurred on 67. Expenses incurred under this Act in respect of premises unoccupiedpre*i~es. unoccupied shall be payable by and recoverable from the
owner of such premises; and if the owner is not known to the Local Board of Health within the jurisdiction of which such premises are situated, or cannot be found, shall remain a charge upon such premises, and shall be recoverable at any future time within six years from the time the same were incurred from the owner or any sub

sequent occupier.

Service of noticee.

68. Whenever, under this Act, any written notice is required to be given to the owner or occupier of any building or land, such notice, addressed to the owner or occupier thereof as the case may require, may be served on the occupier of such building or land, or left with some inmate of his abode, or if there is no occupier then resident there, may be put up on some conspicuous part of such building or land; and it shall not be necessary in any such notice to name the occupier or the owner of such building or land: Provided that when the owner of any such building or land and his residence are known to the Local Board of Health by which such notice is given, the Local Board shall, if such owner is residing within its jurisdiction, cause evcry notice required to be given to the owner to be served on such owner, or left with some inmate of his abode; and if such owner is not resident within its jurisdiction, shall send every such n~ t i ce

by post addressed to the last known place of residence of such owner.

69. All

370 VICTORIA,

NO. 22.

irs

The Public Health Act.-1873.
-- --
69. All notices required under this Bet to be served on any Operation of noticea.
owner or occupier shall, if due service thereof has been once made on any owner or occupier, be binding on all persons claiming
by, from, or under such owner or occupier, to the same extent as if
such notice had been served on such last-mentioned persons
respectively.

70. Each Local Board of Health shall occasionally make either by Persons acting in the

oxecution of this Act

its members, or by its officers, inspections of the town, or other m,yiqect,
place within its jurisdiction, with the view to ascertain what
nuisances exist calling for abatement under the powers of this
Act, and to enforce the provisions thereof:
Persons acting in the execution of this Act under the authority
of the Central or any Local Board may, with such assistants
as may be necessary, at all reasonable times in the daytime, enter and inspect any abattoir, shop, stall, dwelling, and all othcr places whatsoever, whether private or public, within the jurisdiction of any Local Board, in order to ascer- tain if any person has recently died of any epidemic, endemic, or contagious disease in any of the places aforesaid, or if there is any filth or other mattsr dangerous to health therein or thereupon, or if such entry and inspection are, in the judgment of such Local Board, proper in order to cffcctuate any of the purposes of this Act.
71. Whosevcr shall wilfully obstruct any inspector or any member Penalties for obstruct-

of the Central or of a Local Board of Health, or any officcr or person ~ s ~ c ~ c u t i O n	''
duly employed in the execution of this Act, or shall incite any other person so to do, or shall destroy, pull down, injure, or deface any board, placard, or notice made or published under this Act, shall be liable for every such offence to a penalty not exceeding Five Pounds; and if the occupier of any premises or any other person whomsoever wilfully prevents, or attempts to prevent, the owner thereof or his agent from obeying or carrying into effect the	provisions of this Act, or of any order, rule, regulation, or direction	made hereunder, he shall be liable to a penalty not exceeding Five
Pounds ;tbr every day of such prevention; and if the occupier of any premises when requested by t,he Local Board of Health within the jurisdiction of which the same are situate, or by any officer thereof, to, state the name of thc owner of the premises occupied by him shall ~ f u s c or wilfully omit to disclose to the best of his lmowlegc, infor- mation, and belief, or wilfully misstate the same, he shall be liable to a penalty not exceeding Ten Pounds.

72. Where any act is by this Act, or by any re@dlation Or Penalties for disobedi*

&rcction of thc Ccntral Board, or by any order, notice, or regulation	O*
of any Local Board made under the authority hereof directcd to be
dme, or forbidden to be done, or where any authority is given
to the Central or any Local Board of Health, or any officer of theirs
respectively to dirert any act to be done, or to forbid any act to be done, a3d such &ct having been duly directed to be done shall

remain
. 31" VICTORIIE, NO. 22.

1 he

Public

Health

A c t. 1 8 7 3.

4 -. -
remain undone, or such act having been duly forbidder, to be done shall be done, in every such case the person making default as to such direction or prohibition respectively, as the case may be, shall be deemed guilty of an offence against this Act:
Every person guilty of an offence against this Act, for which no penalty is specially provided hereby, shall be liable for -an such offence to a penalty not exceeding the sum of 4

qf 76 *c 4

Pounds, in addition to all costs and expenses to which he is

4s-

CT 6 C

hereby made liable.

Co~la intahbeheard	7 3. All complaints and informations for offences against this Act shall be heard and determined, and all moneys, costs and expenses made payable or recoverable hereby, slrall be recovered in a summary way before a Special Magistrate or two or more Justices of the Peace.
before Justices.
Appeal to Adelaide
Local Court of Full	74. There shall be an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, and from any order dismissing the information or complaint, or declaring any forfeiture, and from any other order, whether for the payment of costs or otherwise, made or purporting to be made under or in pur- suance to this Act. Every such appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the proceedings on each such appeal, shall be conducted in manner appointed by the Ordi- nance No. 6 of 1850, for appeals to the Local Courts; but the Local Court of Adelaide aforesaid may make such order as to the payment of thc costs of appeal as it shall think fit, although the amount of such costs may exceed Ten rounds.
J urisdiction.
' ~ o c a l
iog of appeal, may

Court, on hear-

75. The Local Court of Adelaide of Full Jurisdiction, upon the hearing of any appeal under this Act, may state a special case for the opinion of the Supreme Court, which shall hear and decide such speciil case according l o the of the Supreme Court on special cases, and shall make such order as shall seem to it jjust as to the

state a special clsc.

costs of any such special case.

Order to be made in

aocordance with

76. The said Local Court of Adelaide shall make, in respect to the matters referred to the Supreme Court, an order in conformity with the certificate of the Supreme Court, or of any Judge thereof; and every such order of the Justices or Local Court shall be enforced in nmnner provided for the enforcement of orders of Justices under the said Ordinance; and save as herein is provided, no order, con- viction, or proceeding of any Special Magistrate or Justices, made or purporting to be made, under this Act, shall be appealed against.

certificate.

~ e o n l t i e ~

unpaid to

7'7. Whenever any penalty, forfeiture, costs, expenses, or other

payment shall have been imposed, or directed or awarded to be paid

distress or imprison-

ment.

under the provisions of this Act, and the person convicted, or

Melb. Act, s. 3 ~ directed, o;

awardcd to pay such penalty forfeiture, costs, or

expenses, or to make such other payment, shall not pay or make the same within such time ag such Justices shall d~rect, the convicting

Suetices

'I(

37" VICTORIZ, No. 22.

177

The PuBlic Health Act .1873.

Justices may order that the same be levied by distress and sale of the goods and chattels of such offender, or may, where it shall appear to them that no goods or chattels are available for such distress, without ordering any such distress, direct such person to be imprisoned, with or without hard labar, as they sinail think fit, for G period not 'exceeding one month, if the amount of the penalty, for- feiture, costs, expenses, or payment, shall not exceed Twenty Pounds; and for a period not exceeding three months if the amount of the penalty, forfeiture, costs, expenses, or payment be above Twenty Pounda; and such person shall be imprisoned accordingly, unless the amount of such respective penalties, forfeitures, costs, expenses,
and payment shall be sooner paid.
78. Except where it is herein otherwise expressly directed, the Appropriationof
penaltiesn
moneys arising from fines, penalties, and forfeitures imposed by this the expenses of carrying this Act into execution, in such manner
as any Local Board within whose jurisdiction such fines, penalties, or
forfeitures may have been incurred shall direct,
79. Nothing in this Act contained shall take from, lessen, or saying olauar.
diminish any of the powers belonging to any corporate body, or to the Council of any town or otlier place, or to any Justice of the Peace in respect of any mattem provided for by this Act.
In the name and on behalf of Her Majesty I hereby assent to
this Act.

A, MUSGRAVE, Governor,

dela aide :

authority, W. C. Cox, aovernment Printer, North-terrabe.