Public Heath Act 1876 (SA)

ANNO TRTCESIMO NON0 IET QUADRAGESIR10

A. D.

No. 56.

[Asscntcd to, 17th November, 1876.1

Hl3XIEXS i t is expedient to anlend " The Public Health l ' .~nl l r t le.

Act," being Act No. 22 of 1873, and to make iurther provision for the I'reservatiou and Improvement of the Public IIcalth-Be it therefore Erlrtctecl by the Governor of the Provincc of South Australia, with the advice md consent of the Leg.islative Council and House of' Asscmbly of the said Provincc, 111 this present Parliament assembled, as follows:

1. This Act shall be cdlect and inay be cited as " 'l'llc Public Short title.

Health Act, 1876."

2. This Act, ancl '"11~ Public IIealth Act" (herein termed the ( I T ~ O Public 14c:,lth

principal Act) as altered and amcnderl by this Act, shall be read A't''

and construed together as forming one ,4ct.

3. 111 the constru~tion of this Act, and of the princi~xd Act, the Addition to meaning

words l~erciriafter merltio~ied shnll, besides tho mcanings (if any) of words.

assigned to them in the principal Act, have the additional meanings

hereby given to thcm respectively, unless the context of either

Act is repugnant thereto, that is to say:--The word "cesspool" Cesspool.

shall include every receptacle (whether situated above or lower than,

or p a d y above and partly lower than, the surface of the adjoining

ground) for nightsoil or othcr rcf'use; thc woi.cls " M ~ d i ~ i d Officer" "edical Qfifi~e~n

shall include " Inspector of the C'entral Board of' 'fIealth" and

"Inspector of n .Local Board of Hcalth;" the words "Two Justices" TWO Justices-

A shall

39" & 40" VICTORIX, No. 56.

The Public fTen2th Act.-1876.

M anufactory. shall include Special Magistrate ;" and the word ~ a n u f a c t o r ~ " '

shall include all such buildings and places as are mentioned or described in the forty-fifth section of the principal Act, and flas worlm, and all buildings and places in ~vhich the process of wool- washing shall be carried on, and those in which artificial manures shall be manufactured, and all buildings in which more than ten persons shall be simultaneously employed, and all such other buildings and places and classes of buildings and places in which any trade, business, process, or manufacture shall be carried on as the Governor

House.

shall direct to be included in its meaning; and the word ' l House7' shall include schools, and other buildin& in which more than ten persnns shall be assembled or employed simultaneously; and the

sanitary Distri~t.

words Sanitary District" shall mean and include cvery place to which the Governor shall lawfully direct that the principal Act, or any section thereof, or of this Acc, shall apply.

Repeal.

4. The enactinents described in t.he First Schedule hereto arc

hereby repealed: Prdvided t?iat this Act shall not affect the validity,

invalidity, effect, or consequences of anything already done or suffered.

Alteration of

of " The Public

5. The fourth section of the principal Act shall be read and con- strued as if the word " two " had been substituted therein for the word '- three " which is hereby repealed. The sixteenth scction of the principal Act shall be read and construed as if the worcls " fonrteenth section of this Act " had been substituted therein for the mords

Health net."

nest preceding section," which are hereby repealed, and the word deliberative " Ind been substituted for ~'ddiberate," which is hereby

repealed. Tlie forty-fourth section of thc principal Act shall be read and construed as if the words '.lands or premises described or named therein or" had been inserted in that section immediately before the word " inrlided," and s s if SOY its first paragraph, whic11 is hereby rcpealcd, the following had been substituted, " The Cen t i d Board of H d t h, when, and as it sllall think proper, may make, and shall publish when made, all such regulations as i t shall deem useful

or necessary to avert epidcniic, cndcmic, and contagious diseases, and	to prcvent the spreading and rnitipte the effects tllereof; and the
fifty-fourtl~ scction of the principal Act shall be read and con- strued as if the words " rnanufrrctory, school," lmd been inscited tkerein inlmediately before the word house," wherever that word occurs iu that section; a,nd the seventy-iecond section of the principal Act shall be read and eor~struecl as if the word '' fiftv "

36-7 V., c, 86, S. 10. had been substituted therein for the word twenty," which is her&y

repealed. The said substitutions and insertion shall not, nor shall any of them, affect anything done before the coming into operation of this Act, except that anything clone hufore that time, and which would have been legal if the said substitutions and insertion had been made before such thing was done, shall be legal.

Central Board of

Health empowered to 6. Notwitllstandiag any provisions of G 'l'he Public Health Act,"

dim& removal, &C., the Central b ~ ~ r d of Health, an being satisfied that it is proper so

places.

ntisazncesinee*ain to do, inay Ly a11 order in vriting, direci the owner, when hc is in

possessioil,

39" & 40' VICTORIZE, No. 56. --

The Public Health Act.-1876.

-

possession, and in other cases the occupier, of land or prcmiscs not included in any dktrict within the juriscliction of a Loral Board of Health, to remove or abatc any nuisance thereon or therein, or. prevent the continuance thereof, within a time specified in such order; and to do or cause to be done every act, matter, and thing which shall in the opinion of the Central Board of Health be ncccssnry or proper to effect the removal, abatement, or discontinuance thereof; and for cffccting thcrc any other P U ~ J O S C ' or object of the principal Act and of this Act, and may also by the same or any other order prohibit t l ~ doing? continuance, or existence on such land or in such premises, after s time specifiecl in the order, of any act, matter, or thing, which shall in the opinion of the Central Board of I-Iealth cause, or contribute to the production of, or be, a nuisance there: Provided always that the Ccntrnl Board of Health, as well before as after the expiration or advent of the time specified, may extend it.

Whenever any such direction or prohibition shall be disobeyed altogether or in any particular, cvcry person who ought to have obeyed it shall be guilty of an offence against this Act, whether thc time originally limited shall have been extendcd or not; and not- withstanding the lapse of the time limited, t,he Ccrltrd Board of Health may do or causc to be done, at the expensc of such person, any act, mitter, or thing which shall be in its opinion necessary or propcr to effect thc purpose 2nd object of such ordcr, or (as the case may be) to enforce obedience to such prollibitioii; and all expenses i n c u n d by or with the authority of thc Central Board of Health,

in effecting or trying to eff'ect such purpose or object, may, ivithin six years from the kxpnditurc thereof, be recovered from such person,

as money paid for him by the Ccntral Board of Hcalth at his request.

7. The Ccntral Board of IIcalth may also make all such general orders a id regulations, aid ttlso all such orders and regulations in	Central Board of
Hcdth may make
orders and regulacona
particular cases, as shall in its opinion bc proper mith rcspect to and	nuisances in certain
for removal, Cc., of

for ca~xsing the removal, abatement, or cliscontinuance and preven- placcs.

within the jurisdiction of a Local Board of Health, and with respect to	tion of nuisances on land and in premises not included in any district	the time and mode in which such removal, abatemcilt, discontiiiuance, and prevention shall be effectccl, and the time at which such orders and regulations shdl come into forcc; and niay by any such order or regulation dcfinc what is or shall be deemed to Fe a nuisance within the meaning of this section.
8. The Central Board of Health is hereby empowered t o appcint, for all places and land not situate within a town or sanitary district, Central Board of

Health may appoint

officers and act in

all such medical and other officers as it shall deem proper. I11 and places not situate within a town or

with respect to such laces and land while they arc not within a aanitwy distrkt.

town or sanitary district, the Central Board of Hea\th and its President or Chairman and other officers respectively shall have

and may exercise (in addition to their own powers, but mith the

exception of such jurisdiction, powers, rights, and authority as are conferred by, or may be exercised in pursuance of any of the enact- men t~ described in the Second Schedule hereto) all such and the

same

4 39" $PO0 VICTORIB, No. 56.

The Public Health A c t. 1 8 7 6.

same jurisdiction, powers, rights, protection, immunities, and authority as at any time after the coming into operation of this Act shall be had and possessed, and may lawfully be exercised, and may do all such acts, and perform all such duties as must or may be lawfully done and performed, in a t o ~ m or sanitary district by the Local Board of Health thereof, and its Chairman and other officers respectively.

Whenever i t shall be necessary or convenient, for the purpose of enabling the Central .Board of Health to act as aforesaid, a11 words designating or describing a Local Board of EIealth shall throughout the principal Act and this Act (save in such of the enactments thereof as are described in the Second Schedule hereto), be read and construed to include the Central Board of Health.

The provisions of this section shall not affect anything done before the coming into operation of this Act, except that anything done before then which would have been legal if they had been previously made shall be legal.

central Board of	9.	Whenever i t shall a ~ p e a r	to thc Central Board of Health that
Health ma j? direct

Lo"l noards, Q,., to the person by or from whose act, default, permission, or sufferance, a

in certain cases. abate, &C., nuisance nuisancc csists on land or in premises within a town or sanitary district, or within the district of a District Council, or that the owner bf such land Qr premises is not known or cannot bc readily found, the Central Board of Health may, by an order in writing, direct the Local Roard of Health ef such town or sanitary district, or (as the rasc =ay require) the District Council, to remove, abate, or discontinue, or cause the discontinuance of such nuisance within

a time specified in such order; and such llocal Board of IIealth or

District Couilcil shall, within that timc, obey a ~ i d carry out such

Proviso. order: Provided always that the Central Board of Health may, as well after us before such time shall have expired, grant further time for obeying and carrying out such order.

Al l ~os t s properly incurrcci and disbnrsements properly made by a

obeying or carrying out such an order, may within six yeass there- Local Board of Health, or a District Council, for the purpose of	after be recovered fronl such person or owner as money paid for him
at his request.

Pon er t 9 hold in-	10. Whenever it shall appear to the Central Roard of Health necessary or proper to inquire into any matter jwhethcr of scientific opinion or $act) in respect whereof it may desire to be informed for the purpose of enabling it to pcrforrn any act or duty, or to assist i t
w k ~.

See 33.4 V.	75.	in carrying out any provision of this or of the principal Act or of
13.	bqth Acts, the followiiig provisions shall have effect-

I. The Central Roard of Health shall specify in writing. in general t e r m tllc subject and object of the inquiry and (if it thinks poper so to do) any facts which it is desirable to ascertain, ncd shall give to the person who is to hold trhe inquiry such directions as it shall think proper to guidc him in carrying on the inquiry:

11. The

39" Ri 40" VIC'TORIB, No. 56.

The PubZic Health A c t. 1 8 7 6.

11. The President, or such other member of the Central Board of

Health or such other person as i t shall appoint, shall proceed to hold the inquiry, either in public or with closed doors, as he shall think proper, or it shall direct, and in such town, sanitary district, or place as the Central Board of Health shall direct:

III. The President or such other member or person shall for that purpose hold sittings in such places as shall seem to hinz convenient, and thereat shall examine any witness, and shall hear and receive any evidence and information offered, and hear and inquire into any objection or representation made respecting the subject and object of the inquiry, with power to adjourn any sitting: All par01 evidence and information received at any such ~nquiry shall be reduced to writing by the person who shall hold such inquiry, or by such other person as he shall appoint for that purpose:

IT. The person by whom such inquiry is to be held may at such time (whether before or after the inquiry shall have been commenced) as he shall think propcr issue summonses re- quiring the pcrsons named therein respectively to attend at such inquiry and be examined and give evidence and infow- mation thereat touching the subjects and objects of the in- quiry. Each such summons may be in the form set out in the Third Schedulc hcrcto, or in such other like form as the person issuing the summons shall think proper to use. He may cause a copy thereof to be served on the person named therein by the delivery thereof to such person, or by the same being left at his or her then usual residence, or by sending the sake (addressed to such person at such residence) through the post-office; and proof that such copy, so addressed,

was in fact posted shall bep~intti fkc ie evidence of the receipt

thereof in due course o f. post by such person: Provided Provia0

named therein as the person by whom the inquiry shall be always, that each summons shall be served so long before the timc appointed for the attendance at the inquiry of the person held shall think sufficient:

v. Every person who, having bcen served in manner herein- before provided with a summons, shall not comply therewith, shall pay to the Central Board of Health as a penalty such sum not being less than One Pound, and not exceeding FivcPounds, as shall be fixed by the person holding the inquiry, for each day on which he shall fail to comply with such summons; a d a certificatc undcr thc hand the person by whom the inquiry shall be held, to the effect th i t any person so sunimoned has failed to comply with such summons, shall, until the contrary is proved, be sufficient evidcnce of the fact that such person has failed to comply with &ch sum- mons, and of all other facts necessary to be proved in order to Drove that it was incumbent on such person to comply witL such summons: Provided that the Central Board of

Hetlth

39" & 40" VICTORIB, No. 56.

The Public Health Act-1876.

Health may, on application made by or on behalf of any person liab!e to pay such penalty, remit the whole or any part thereof on such ground as i t hall deem just:

vr. I t shall be lawful for the person by whom such inqniry shall be held, as well before as after the commencement thereof, and either alone or accompanied by such other persons as he shall think proper to bring with him, at all times between sunrise and sunset, to enter, inspcct, and examine all land and premises which he shall considcr i t advisable to inspcct or examine for the purpose of the inquiry:

vu. The person by whom any such inquiry shall be held may require any person who shall give evidence or information, or be examined thereat, to make and sign a statutory declaration of the truth of the statements made by him in his evidence or information; and every person who, having been served with such summons as aforesaid, shall refuse to give evidence or information, or to be examined, or to answer any question put to him by the person holding such inquiry, touching any of the subjects or objects of such inquiry, or who shall refuse to sign his name, or affix his mark to, or to maLe a statutory declaration of the truth of the statements made by him in his evidence or information, shall be guilty of an offence:

7 Vict., C. 16,	S, 3.	VIII.	The person by whom such inquiry shall be held may, during its progress, and shall, after it has been completed, make to the Central Board of Health a written report under his hand, in which shall be set forth the result of the inquiry, his opinion on the subject and object thereof, his reasons for such opinion, all objections and representations (if any) made to him at tbe inquiry with respect to the snbject and object thel+eof, and his opinion thereon; and shall transmit such re- - port, together with all such evidence and infbrmation, to the
Central Board of Health.

Election of Chairman	11. Whenever the President of the Central Board of Health, or the town or place in which such Boards respectively meet, any other members (not beira fewer t h m three) of the Central Board of Health. or of any'such ~ o c a l Board of ~ e a f t h, may elect one of themselves to be Chairman thereof during such illness or absence. The member so elected may exercise all such powers, do all such acts, and perform all such duties as the person in whose stead he shall be elected might exercise, and might or ought to do and perform.
in case of illness or
absence of President,	the Chairmm of a Local Board of Health, shall he ill or absent from
&C.
Central Board may	12. Whenever the President of the Central Board of Health thereof shall have been convened, be present at the place at which such meetiug shall have been appointed to be held any other members (not being fewer than three) of the Central Board of Health, who shall be then present there, may elect one of them-
eleot Chail man in
abaence of President	shall not, within five minutcs after the time for which any meeting
from meetiag.

selves

39" & 40" VICTORIB, No. 56. 7

The Public Health A c t. 1 8 7 6.

selves to act as Chairman for that meeting. Thc member so elected shall, with two other members of the Cmtual Board of Health, con- stitute a quorum thereof for the purposes of that nieeting; and he may act as Chairman thereof until the arrival of the President, or until the close of that meeting (whichever shall soo~est happen), but no longer. Whilc so acting he may exercise all such powers, and may do all snch acts and perform all such duties as the said President (if present) might exercise, and might or ought to do or perform.

13. Whenever the Chairman of a Local Board of Health shall Local Board may elect Chairman in

not, within five minutes aftcr the time for which any meeting absenceof permanent

thereof shall have been convened, be present at the place at which Et""anfx0mmeet-

such meeting shall have been appointed to be held, any other

members (not being fewer than) three of such Local Board of Health who shall be present there may elect one of themselves to act as Chairman for that meeting. The rncn~ber so elccted, together with two other members of such Local Roard, s l d l constitute a quorum tlmeof for the parposes of that meeting, and he may act as Chair- man thereof until the arrival of thcir pcrlnaneilt Chairman, or until the close of that meeting (whichever shall soonest happen), but no longer, While so acting he may exercise a11 such powers and may do all such acts, and perform all such duties as their permanent Chairman (if present) might exercise and ought to do and perform.

14. Wlienever any medical officer or ins~cctor of the Central Houees, &C., mav be declared unfit for

Board of If~alt l i, or of any Local Board of Health, or any $WO legally human habitation

quttlified mccl.ical practitioners, slrall certify in writing to a Local theiroccvution Board of Health, that any house or other buildiner. within their forbidden. C I '

rcspectivc jurisdictions, o; any part thereof, is unfit for human habitation, the Local Board of Hcalth within the jurisdiction of which such house or building is situate, may, by an ordcr in writing or p in t, declarc that such house or building, or such part thereof, is not fit for liu~nan llabitition, and direct that it shall not after.

a time specified in such order, be inhabited by any person, and may cause such ordcr, or tt copy thcreof, to be affixed to some con-	spicuous part of such house or building, bcforc the cxpiration of
decision of a Local Boarcl of Hcnlth with respect to the fitncss or unfitness of a house or other building, or any part thereof, for human habitation, may be varicd or reversed by the decision of the Central thc time mentioned in such order: Provided nevertheless that any fiovim is made, be deemed to be the decision of the Local Board of Health by which the original decision was made.

Any person who, after thc cxpirntion of the time mentioned in Penalty.

such order, shall let or occupy, or knowingly suffer to be occupied such house or building, or (as the case may be) such part thercof, shall be guilty of an offence, and shall on conviction thcreof be liable to a penalty not exceeding Five l'ounds nor less than Ten Shillings, for every clay. during which such house or building, or (as the case Inay be) su& part thcreofshnll bc. let, occupied, or linowingly suffcrcd to bc occupiccl by him in contm~cntion of such order. 15. No

8 39" & 40" VICTORIB, No. 56.

The Public Health ~ c t. - 1 8 7 6.

Prohibition of over-

crowding.

15. No manufactory shall, nor shall any part thereof, be so over- crowded while work is carried on as that the health of any persons employed therein shall be endangered or prejudiced in consequence

30 and 1 V., c. 103,

of such overcrowding; and any occupier of a manufactory who,

ached. paragraph 10.

having power to prevent, does not prevent such overcrowding, shall

be guilty of an offence against this Act, and shall be liable to a

penalty not exceeding Five Pounds for every day on which such

overcrowding shall happen.

Governor may, on

recommendation oE

16. The Governor, on the recommendation of the Central Board places, and classes of buildings and places, in which any trade, business, process, or manufacture specified in such order shall be carried on, shall, from n time to be specified in such order, be included in the meaning of the word "mmrtnufactory."

Central Board,

of Health, may by any written order direct that buildings and

enlarge meaning of

manufactory."

Central and Lwal 17. Whenever the Central Board of Health or any 1,ocal Board

make

drains in private	of Health shall deem it necessary or expedient that surface water
or public property to	shall be carried off or from axy land situate within its jurisdiction
carry off surface water

h, landsi through or over other land, the Central Roard of Hedth or such

compensation to bc

given to owners of	Local Board of Health may, by any of its officers, agents, servants,
pfiateproperty.	or worlrrnen, enter into a:id upon such other land, and construct or cause to be constructed in, through! ovcr, or upon thr same, all such drains and other works as may, In the opinion of the Central Board of Health or such Local Roard of Health, be necesssry or
Proviso.	proper for carrying off such surface water: Provided that when such other land is private property full cotnpensati;.n shall be made by the Central Board of Health or such Local Board of Health out of any moneys which shall at any time be applicable to the purposes of this Act or tne principal Act, to every person who shall sustain any damage by reason of the exercise of the power conferred by this section, or by reason of the manner in which such power shall be exercised.

Power t o order	18. Every Local Board of Health in its town or sanitary district,
destruction of in-

fcctious bedding, &C.,	and the Central Board of Health elsewhere than in a town or sanitary
and to give oom-	district, may direct and cause the destruction of all bedding, clothing,
pensation.
35-6 Vic., c. 79, sec.	and other articles which have been exposed to infection from m y
61.	dangerous infectious disorder, and shall give for the same when destroyed such compensation as shall, in their opinion, be reasonable.
Po%r to inspect

lodginphouses. 19. Whenever any house or any part of' a house is lct in lodgings,

it slrall be lawful for the Local Board of Health within the jurisdic-

tion of which such house is situated, and for its officers, and (if such house be not situate within the jurisdiction of any 1,ocal Board of Health) it shall be lawful for the Central Board of Health and its officers, at all times to enter and inspect such house, and every part thereof, and for such Boards respectively to make regulations for thc following matters, that is to sty-

I. For

390 & 40" VICTORTIE, No. 56. 8

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The Public Health Act.--1876,

I. For fixing the number of persong who may occupy a house rower to make regr,-

or a part of a house, which is let in lodgings or occupied by lation8*

members of more than one family:	14 & 15 Vict., c. 28,
sec. 12.

11. For the inspection of such houses, and the keeping the same in

a cleanly and wholesome state:	sec. 35.
29 B 30 Vict., C. 90,

i n. For enforcing therein, and in premises connected therewith, the provision of privy accommodation, and other appliances and means of cleanliness in proportion to the number of lodgings and occupiers, and the cleansing and ventilation of the passages and staircases:

W. For the cleansing and lime-whiting at stated times of such

premises:

v. For enforcing such regulations by penalties not exceeding Forty Shillings for any one offence, with an additional penalty not exceeding Twenty Shillings for every day during which a default in obeying such regulations or any of them may continue.

20. When the inmates of any house or part of a house, allege Proof that inmates

that they are members of the same family, thc burdcn of proving belong to one family.	29
sec. h 41. 30 Vict., C. go,
such allegation shall be on the persons making it.

21. Every person who shall obstruct or hinder any member or Penalty for ob-

officer of the Central Board of Health or of any Local Board of structing and preventing inspection fiee

Health, in inspecting my such house or part of a house as afore- access.

said, or shall prevent or attempt to prevent him having free access

to such house and every pnrt thereof, shall be guilty of an offence

against this Act.

22 Every member of the Police Force 'of the Province shall aid Police to aid Bmds

the Central Board of Health and each Local Board of Health, and of Health. Sec. 30 and 31 Vict.,

the members, officers, agents, servants, and workmen of such ~ o a r d s ,2,.

respectively, whenever acting or intending to act in execution of the principal Act and. this Act, or either of them, or of any orders or regulations made, or purporting to have been made under them or either of them.

23. The Central Board of Health shall not, nor shall any Local Boardanot to beliable

Board 9f Health, be liable to damages or otherwise for any oficera,

for irregularities of

irregularity committed by any of their members, officers, agents, servants, or workmen in executing or purporting to execute bond $de the principal Act, or this Act, or both of them, nor for anything done, or caused to be done, or omitted to be done, by any of the aforesaid Boards respectively in the bond jOle execution, according to the judgment of such Board, of either or both of such Acts; and every member, officer, agent, servant, and workman of any of such Local Boards, acting in the bond fide execution of the said Acts, or either of them, shall be indemnified out of the health rates

B by

3 9 9 440" VICTORIB, No. 56.

The Public Health Act.-1876.

Sec. 30 and 31 Vict.,	by the Board of which he is a member or under the authority of
c, 101, S. 118.	which he acted, in respect of all costs, liabilities, and charges, to which he map be subjected by reason or in consequence of his acting as aforesaid; and every member, officer, agent, servant, and workman of the Central Board of Health, acting in the bond Jide execution of the said Acts or either of them, shall be indemnified bv the Central Board of Health in respect of all costs, liabilities, an2 charges to which he may be put by reason or in consequence of his so acting out of such moneys as Parliament shall place at its disposal; and every action, prosecution, or other legal proceeding against any person or Board acting or intending to act under either or both of the said Acts, and in the bond $de execution thereof, on account of any wrong done in ox by, or by the omission of, any act, proceeding, or operation, under the said Acts, or either of them, shall be commenced within two months after the cause o i action shall haw arisen.
Legal proceeding8
mny be in the name of	24. The Central Board of' Health, and each Local Board of Health, may sue and be sued, both at law and in equity, and may bring, institute, prefer, carry on, and defend all. or any legal proceedings, in or by the naae of its President or Chairman for the time being; and no action, suit, or other legal proceeding whatever, shall abate or be discontinued by the death, resignation, or re- moval of the Prcsident or Chairman, or by reaqon of any change or vacancy in the Central Board 9f Health, or in any Local
the Chairman.
11 & 12 Vict., c. 63,
m. 138	Board of Health, by death, resignation, or otherwise: Provided always, that every such President and Chairman in whose name any action, suit, complaint, information, or other legal proceedings may be brought, instituted, preferred, carried on, or defended, shall, out of the health rates or such other moneys as shall then or thereafter be at the disposal, for the purposes of this Act, of the Board of which he is President or Chairman, be fully reimbursed, all costs, charges, damages, and expenses which he shall, or may be or become liable to pay, sustain, or be put unto by reason of his name being so used.

Powere Q be cumula- 25. Ail powers given by the principal Act, as well as those given

tive.	by this Act, shall be deemed to be in addition to, and not in
Sec. 30 & 31 Vict.,	derogation of any powers conferred by any enactment not hereby
c. 101, S. 104.	repealed, or by any other law or custom; and such lastly mentioned powers may be exercised in the same manner as if the principal Act and this Act, had not passed, but ~it~ho11.t prejuclicc to the powers given by the principal Act and this Act.
Penalty for offences

against the Acts or 26. Every person who shall be guilty, or be deemed guilty, of an

created by eithor of

offence under or against the principal Act or this Act, or both Acts,

them.

shall be liable to a. penalty not exceeding the sum of Fifty Pounds,

unless some other penalty has been provided.

Authentication of 27. Every summuns, demand, notice, order, direction, regulation,

notices, &c.	resolution, or other document. under the principal Act or this Act,
and every copy of any of them, may be in writing or print, or partly

in

39" & 40" VIC'I'OBIB, No. 56. 11

U - - - - - - - - - - .-

The Pztblic Health Act.- 1876.

in writing and partly in print, and numerical figures may (where 21 and 2, Vio., c. 9 6

"l.

applicable) be used therein instead of words; and every such sum- mons, demand, notice, order, direction, regulation, resolution, docu- ment, and copy which shall require to be made or authenticated by a Local Board of Health or the Central Board of IIealth. shall (unless where i t is otherwise provided) be sufficiently authenticated

if signed by any member of the Board by or under the authority of

which it shall be issued, or if signed by the secretary or clerk

thereof, or by such other officer thereof as such Board shall direct.

the principal Act may (unless when some other mode of service has orders. 28. Notices, summonses: directions, and orders under this Act; and service of notices and

been provided) be servcd, by delivering the same to or at thc residence 3&1V.,	101,	110.
of the persons to whom they are respectively addressed, or by being put into any post office or pillar letter-box, duly addressctl to the persons for mholr, they are intended; and every such notice, summons, direction, and order which shall be addressed to the owner or occupier of land or premises, may be served by delivering the same, or a true copy thereof, to some person upon the land or premises, or (if there shall not be upon the land or premises any person who can be so servcd) by fixing the same upon some conspicuous part of the land or premises.
Servicc of such notices, summonses, directions, and orders may be proved by a certificate under the hand of' the person who posted or delivered or affixed the same, or by such other evidence as the Court or Justices shall deem satisfactory.

29. Nothing in this Act or in the principal 9 c t contained shall Proceedingsbyindict-

affect the power of l~roceeding by indictment, or take away ,U',otcdm

mcnL not to bo

any other remedy against any offender under this Act or the

principal Act.

30. The expense of executing this Act by Local Boards of Health Expenso of executing

shall be borne in towis and sanitary districts out of the health rates, this Act.

and the expense of exceuting this Act by the Central Board of Health 23w1	V., c, 84, a, 12.
shall (unless otherwise provided for) be defrayed out of snch moneys as shall be placed by Parliament at its disposal for the purposes of this Act or the principal Act.

31. The Regulations made and prescribed by the Board shall Resulations to bc laid before Pnrlia-

be laid before both Houses of Parliament within one month if merit hwe the

Parliament be sitting, and if Yarliamcnt Itc not sitting, then within force of law.

one month after the commc~~cerr~cnt of thc next crlsuing Session

thereof; and if not clisallowed by express resolution of either Housc

of Parliament within oilc month from their being so laid beforc

Parliarncnt, such regulations shall, after thc espirati on of such month, bc conclusivcly cieemcd to be valid, and shall have the forcc of law, and shall be judicially noticed: All regulations, when so made and prescribed, shall be published in thc Government Gazette for gencral information; and the production of a copy, purporting to

be

39" & 40" VICTORIB, No. 56.

The Public Health Act.-1 876.

be a copy of the Government Gazette in which such regulations shall be published, shall, until the same shall have obtained the force of law as aforesaid, be primd facie evidence that all the provisions of

this Act in respect thereof have been complied with.

In the name and on behalf of Ner Majesty, I hereby

assent to this Bill.

A. MUSGRAVE, Governor.

39" & 40" VICTORTZE, No. 56. -p

The Public Heatth Aca-1876.

----

THE FIRST SCHEDULE.

-

No. of Act. Title of Act. Extent of Re~ea l.

---I__--

No. 22 of 1873. The Public Eealth Act, I n part, namely :-Section the eeeond, the

paragraph which assigns a meaning tc the word ceaspml: " I n section the fourth, the word " three :" m section the fourteenth, tho words therein from "Provided that " (inclu- ding those two words) to the end of that section: The fifteenth section: in section tho sixteenth the words "ncxt preceding section " and the word "deliheraio: " in section the twenty-aeventh, all. the words thercin which follow thc word '' direct" in section the thirty-seventh, the words 'l or such ~esolution hau been

1 done: " section the farty-fourth, from t l ~ e beginning down to and in-

/	cluding the word laeases" being
l	the last word of the first paragraph
j	thereof: in section the forty-fifth,
I	the followingwords-" whether estab- lished before or after the application of this Act to the town or other place in which the same is sitrated,"
and the word "thereaftcr:" in sec-
/	tion thc seventy-acoond, the word

j " twenty ."

THE SECOND SCHEDULE.

Title of Act. Xnactments referred to in the Eighth Section. Bee sec. 8

p - - - - _ _. _ _ - - -

Thc Public Hcdth Act. The sixteenth, twcnty-seventh, twenty-ninth, thirtietb, thirty-first, thirty-second, thirty-third, thirty-fourth, and thirty-fifth sections.

THE THIRD SCHEDULE.

Form of Summons,

Mr. , of + is hereby required to . A

a t t e n d at a n inquiry to be he ld at on the Bee Section 10,

day of , 187 , at o'clock in thc and Bub-Election IV,

there be examined a n d give evidence and infbrmation touching tlrc subjects an6 ob-

jec t s of the said inquiry.

D a t e d this d a ~ ! of , 1P7

(Signed)

The person by w h o m the said inquiry 19 to be