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to them by the principal Act of charging water rates or water rents in respect of all water supplied by them in such urban district or in such contributory place.

(2.) In addition to the matters with respect to which byelaws are authorised to be made by the principal Act, every sanitary authority may make byelaws for the regulation of any water supply provided by them or under their control.

59 & 60 Vict., Cap. 54.

***

28. The expression "Public Health (Ireland) Act, 1874," (a) wherever it occurs in the Rivers Pollution Prevention Act, 1876, shall, in the application of the said Act of 1876, to Ireland, be construed as meaning the Public Health (Ireland) Acts, 1878 to 1890.

***

Application to
Ireland of 39 &
40 Vict. c. 75.
4I & 42 Vict.
c. 16. and
54 & 55 Vict.
c. 75.

34. In this Act the expression "the principal Act" Definitions. means the Public Health (Ireland) Act, 1878; and the expression "the Public Health (Ireland) Acts, 1878 to 1890," means the Public Health (Ireland) Act, 1878, the Public Health (Ireland) Amendment Act, 1879, the Public Health (Ireland) Amendment Act, 1884, the Public Health Act, 1889, and the Public Health Acts Amendment Act, 1890, and the expression "town" includes a township having commissioners.

35. This Act may be cited as the Public Health Short title and (Ireland) Act, 1896, and save where inconsistent there- construction. with shall be construed as one with the Public Health (Ireland) Acts, 1878 to 1890, and those Acts and this Act may be cited collectively as the Public Health (Ireland) Acts, 1878 to 1896.

(a) Repealed by Public Health (Ireland) Act, 1878, s. 294.

GG

60 & 61 Vict.,

Cap. 38.

Short title.

Extent and

commence

ment of Act

Definitions

PUBLIC HEALTH (SCOTLAND)
ACT, 1897.

60 & 61 Vict., Cap. 38. An Act to consolidate and
amend the Laws relating to the Public Health in
Scotland.
[6th August 1897.]

[Introductory words.]

1. This Act may be cited as the Public Health (Scotland) Act, 1897.

2. This Act shall extend to Scotland only, and shall come into operation on the first day of January after the passing thereof.

3. In this Act the following words and expressions have the meanings herein-after assigned to them, unless such meaning is inconsistent with the context:

The word "Board" means the Local Government
Board for Scotland:

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The word "burgh" includes not only royal burgh,
parliamentary burgh, burgh incorporated by Act of
Parliament, but also any police burgh within the
meaning of the Burgh Police (Scotland) Act, 1892:
The word "county" means a county exclusive of any
burgh, and does not include a county of a city:
The word "district" means the district of any local
authority under this Act:

***

The word "premises includes lands, buildings, vehicles, tents, vans, structures of any kind, streams, lakes, seashore, drains, ditches, or places open, covered, or inclosed, whether built on or not, and whether public or private, and whether natural or artificial, and whether maintained or not under statutory authority, and any ship, lying in any sea, river, harbour, or other water, or ex adverso of any place within the limits of the local authority:

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The word "street" includes any highway and any public bridge, and any road, lane, footway, square,

Cap. 38.

court, or passage, whether a thoroughfare or not, 60 & 61 Vict., and whether or not there are houses in such street: The word "house means a dwelling-house, and includes schools, also factories and other buildings in which persons are employed:

The word "factory" includes workshop and workplace:

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The word owner means the person for the time entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor, or curator, and in case of public or municipal property applies to the persons to whom the management thereof is entrusted :

The word " occupier" means in the case of a building or part of a building the person in occupation or having the charge, management, or control thereof, either on his own account or as the agent of another person, and in the case of a ship means the master or other person in charge thereof :

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The word company" includes commissioners:

***

The expressions "day" and "daytime" mean between nine o'clock in the morning and six o'clock in the evening.

***

PART I.

5.

AUTHORITIES FOR EXECUTION OF ACT.

Central Authority.

The Local Government Board for Scotland (in Local this Act referred to as the Board) shall be the central authority for the execution of this Act. ***

***

Local Authorities.

Government Board to be central authority.

Local author

12. The following shall respectively be the local authority to execute this Act within the districts hereunder ities to execute

stated:

In burghs subject to the provisions of the Burgh Police (Scotland) Act, 1892, the town council [or burgh commissioners:] (a)

(1.)

(2.)

In other burghs, the town council [or board of police, as the case may be:] (a)

Act

(a) Now town council only. See Town Councils (Scotland) Act, 1900, s. 8.

60 & 61 Vict.. Cap. 38.

52 & 53 Vict.

c. 50.

57 & 58 Vict. c. 58.

Definition of nuisances.

(3.)

(4.)

In districts where the county is divided into districts under the Local Government (Scotland) Act, 1889, and, subject to the provisions of section seventeen of that Act, as amended by this Act, the district committee:

In counties where the county is not so divided, the county council, subject to the provisions of section seventy-eight, sub-section three, of the Local Government (Scotland) Act, 1889, as amended by section nineteen, sub-section seven, of the Local Government (Scotland) Act, 1894. (a)

Provided always that wherever, except in regard to a burgh, the expression "local authority" is in this Act used with reference to rating, borrowing, or acquiring or holding land, it shall mean the county council, but this proviso shall not be construed to extend or diminish the exemption from stamp duties contained in section one hundred and sixty-eight of this Act.

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(3.) Any well or water supply injurious or dangerous
to health:

***

(9.) Any fireplace or furnace situated within the
limits of any burgh or special scavenging
district which does not so far as practicable con-
sume the smoke arising from the combustible
matter used therein, for working engines by
steam, or in any mill, factory, dyehouse,
brewery, bakehouse, or gaswork, or in any
manufacturing or trade process whatsoever :
(10.) Any chimney (not being the chimney of a
private dwelling-house) sending forth smoke in
such quantity as to be a nuisance or injurious
or dangerous to health:

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shall be deemed to be nuisances liable to be dealt with
summarily in manner provided by this Act:

***

[21-26. Summary proceedings by local authority when nuisances are ascertained to exist.]

(a) As to district committees.

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***

60 & 61 Vict..

Cap. 38.

additional

94. Where it appears to the local authority that a common lodging-house is without a proper supply of water or without sufficient privy or watercloset accommodation Power to local for the use of the lodgers, and that such a supply of water authority to can be furnished thereto at a reasonable rate, the local require authority may, by notice in writing, require the owner or supply of keeper of the common lodging-house, within a time speci- water fied therein, to obtain such supply, and to execute all works necessary for those purposes; and if such notice be not complied with accordingly, the local authority may remove the common lodging-house from the register until it be complied with. It shall be competent to any person interested to appeal to the sheriff against any resolution of the local authority removing a common lodging-house from the register under this section; but in the case of a district other than a burgh the appeal to the sheriff shall only arise after the county council has disposed of any appeal which may have been brought before them.

***

carcases in running

water, &c.

118. It shall not be lawful for any person to throw, Placing or suffer to be thrown into any running water, spring, well, lake, pool, reservoir, drain, or ditch, the carcase of any animal or part thereof, and any person offending against this section shall be liable to a penalty not exceeding ten pounds.

* * *

122. * * *

districts.

(5.) Nothing contained in this Act shall prejudice the Special provisions of subsections one and two of section eighty-one drainage of the Local Government (Scotland) Act, 1889, as amended by section forty-four of the Local Government (Scotland) Act, 1894.

***

Water Supply.

57 & 58 Vict. c. 58.

water for

burghs.

55 & 56 Vict.

c. 55.

124. With respect to burghs subject to the provisions Supply of of the Burgh Police (Scotland) Act, 1892, or having a local Act for police or other purposes nothing contained in this Act shall prejudice the provisions of any of the said Acts in regard to the provision of a supply of water for the domestic use of the inhabitants and for sanitary and other purposes. Provided that in the Burgh Police (Scotland) Act, 1892, and in the Lands Clauses Acts, so far as incorporated therewith, or authorised thereby to be put in force the term "land" shall include water and any right or servitude to or over land or water.

125. If any occupied house within the district of any Local authorlocal authority other than the local authority of a burgh is ity to require

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