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c. 90, s. 12.

The Local Government Board by an Order dated the 19th Orders in September, 1871, have Prescribed "that, for the purposes of Council. "The Sanitary Act, 1866,' the roadstead called 'Wisbeach Eye,' 29 & 30 Vict. and any other place within the Port of Wisbeach below or seaward of the district of the Sutton Bridge Local Board of Health, shall be deemed to be within the district of the Local Board of Wisbeach, and that the said Local Board of Wisbeach shall be the authority by which the Order of Council dated July 29th, 1871, shall be enforced and executed with regard to ships coming into the said roadstead or other place, or lying in the same."

By a further Order dated the 4th October, 1871, the Local Government Board have prescribed "that, for the purposes of 'The Sanitary Act, 1866,' the harbour or roadstead of Penarth shall be deemed to be within the district of the Cardiff Local Board of Health, and that the said Local Board shall be the authority by which the Order of Council dated July 29th, 1871, shall be enforced and executed with regard to ships coming into the said harbour or roadstead, or lying in the same."

And by another order dated the 6th November, 1871, reciting that a certain creek or arm of the sea, known by the name of "Boston Deeps," abutting on and within three miles of the coast of the county of Lincoln, is a place not within the district of any nuisance authority, and the same communicates with the Witham river, which runs up to the borough of Boston, in the same county, the Local Government Board order and prescribe that, for the purposes of "The Sanitary Act, 1866," any ship, vessel, or boat which shall, after the publication of the order, be within the place termed "Boston Deeps," shall be within the district of the Boston Local Board of Health, such Board being a nuisance authority. Local Government Board further order that the Boston Local Board shall be the authority by which the Order of Council dated July 29th, 1871, shall be enforced and executed with regard to ships, vessels, and boats coming into "Boston Deeps,” or lying in the same.

$7. PUBLIC EXPOSURE OF PERSONS LABOURING UNDER INFECTIOUS DISEASES.

The

diseased

persons.

In point of law, if a person unlawfully, injuriously, and with Public full knowledge of the fact, exposes in a public highway a per- exposure of son infected with a contagious disease or disorder, it is a common nuisance, and indictable as such; as where a person was indicted for unlawfully and injuriously carrying a child infected with the small-pox along a public highway in which persons were passing, and near to the habitation of the King's subjects. (1) So also if a person cause persons infected with a contagious disease

(1) Rex v. Barnett, 4 M. & S. 272.

Penalty on any person with infectious disorder exposing himself, or on any person in charge of such sufferer

causing such

exposure.
29 & 30 Vict.
c. 90, s. 38.

Penalty on persons

in which

to be carried along a public street; as where the defendant caused patients inoculated with the small-pox to be brought to his surgery whilst infected with the disease. (1) These were convictions for exposing on the King's highway persons infected with small-pox; but it is equally an offence indictable at common law to expose in public persons labouring under any other infectious disease, whereby the health of the public may be endangered.

But now by the Sanitary Act, 1866, any person suffering from any dangerous infectious disorder who wilfully exposes himself, without proper precaution against spreading the disorder, in any street, public place, or public conveyance, and any person in charge of one so suffering who so exposes the sufferer, and any owner or driver of a public conveyance who does not immediately provide for the disinfection of his conveyance after it has, with the knowledge of such owner or driver, conveyed any such sufferer, and any person who without previous disinfection gives, lends, sells, transmits, or exposes any bedding, clothing, rags, or other things which have been exposed to infection from such disorders, shall, on conviction of such offence before any justice, be liable to a penalty not exceeding £5: No such proceedings shall, however, be taken against persons transmitting with proper precautions any such bedding, clothing, rags, or other things for the purpose having the same disinfected.

of

The nuisance authority are, under 29 & 30 Vict. c. 90, s. 23 (ante, p. 530), empowered to provide means of disinfection, and, by sect. 24 (ante, p. 530), carriages for the conveyance of infected persons. See also sect. 25 of the same Act (ante, p. 531), imposing a penalty on any person suffering from an infectious disorder entering a public conveyance without notice to the driver.

If any person knowingly lets any house, room, or part of a house in which any person suffering from any dangerous inletting houses fectious disorder has been to any other person without having such house, room, or part of a house, and all articles therein liable to retain infection, disinfected to the satisfaction of a qualified medical practitioner as testified by a certificate given by him, such person shall be liable to a penalty not exceeding

infected persons have

been lodging.

Ib.

20. For the purposes of this provision the keeper of an inn shall be deemed to let part of a house to any person admitted as a guest into such inn.

(1) Rex v. Vantandillo, 4 M. & S. 37.

593

APPENDIX (A.)

SANITARY AND LOCAL GOVERNMENT ACTS.

11 & 12 VICT. c. 63.

An Act for promoting the Public Health.

[31st August, 1848.]

applied.

WHEREAS further and more effectual provision ought to be made for improving the sanitary condition of towns and populous places in England and Wales, and it is expedient that the supply of water to such towns and places, and the sewerage, drainage, cleansing, and paving thereof, should, as far as practicable, be placed under one and the same local management and control, subject to such general supervision as is hereinafter provided; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that this Act may from time to Part to which time be applied, in manner hereinafter provided, to any part of this Act may be England and Wales, except the parts next hereinafter mentioned; (that is to say), the City of London and the liberties thereof, the parts within the limits of certain Commissioners of Sewers bearing date at Westminster the thirtieth day of November in the year of our Lord One thousand eight hundred and forty-seven, also the parts within the limits of a certain other Commission of Sewers bearing date at Westminster the fourth day of December in the year last aforesaid, and the parts subject to the jurisdiction of the Commissioners acting in the execution of an Act of the fifth year of the reign of King George the Fourth, for (amongst other things) more effectually paving, lighting, watching, cleansing, and regulating the Regent's Park, and in the execution of the several Acts for extending the jurisdiction of such Commissioners.

II. (1) In the construction of this Act the following words and Interpretation expressions shall have the meanings hereby assigned to them, of terins :— unless such meanings be repugnant to or inconsistent with the context or subject-matter in which such words or expressions occur; (that is to say,)

(1) The words "and be it enacted that," at the commencement of each section are omitted.

Number:

Gender: "Person:"

"Lands:"
"Premises :"
"Owner:"

"Rackrent:"

"Month:"
"Commissioners

of the Treasury:"

Superior Courts:"

"Justice :"

'Two Justices:"

"Court of General or Quarter Sessions:"

"Arbitrators:"

"Oath:"

Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number:

Words importing the masculine gender shall include females: The word "person" and words applying to any person or individual, shall apply to and include corporations, whether aggregate or sole:

The word "lands" and the word "premises " shall include messuages, buildings, lands, and hereditaments, of any tenure: The word "owner "shall mean the person for the time being receiving the rackrent of the lands or premises in connection with which the said word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent:

The expression "rackrent" shall mean rent which is not less
than two-thirds of the full net annual value of the property
out of which the rent arises; and the full net annual value
shall be taken to be the rent at which the property might
reasonably be expected to let from year to year, free from all
usual tenant's rates and taxes, and tithe commutation rent-
charge (if any), and deducting therefrom the probable average
annual cost of the repairs, insurance, and other expenses (if
any) necessary to maintain the same in a state to command
such rent:

The word "month" shall mean calendar month:
The expression "Commissioners of Her Majesty's Treasury"
shall mean the Commissioners of Her Majesty's Treasury of
the United Kingdom of Great Britain and Ireland for the
time being, or any three or more of them, or the Lord High
Treasurer of the United Kingdom of Great Britain and Ireland
for the time being:

The expression "Superior Courts" shall include Her Majesty's
Superior Courts of Record at Westminster, and the Court of
Common Pleas of the County Palatine of Lancaster, and the
Court of Pleas of the County of Durham :

The word "justice" shall mean any justice of the peace acting
for the place in which the matter or any part of the matter, as
the case may be, requiring the cognizance of the "justice,"

arises:

The expression "two justices" shall mean two or more justices assembled and acting together in petty sessions, or one stipendiary or police magistrate acting in any Police Court, for the place in which the matter or any part of the matter, as the case may be, requiring the cognizance of "two justices" arises: The expression "Court of General or Quarter Sessions" shall mean the Court of General or Quarter Sessions of the Peace having jurisdiction over the whole or any part of the district or place, as the case may be, in which the matter requiring the cognizance of the "Court of General or Quarter Sessions arises :

The word "arbitrators" shall include a single arbitrator; and the words "arbitrators" and "arbitrator" shall include an umpire:

The word "oath" shall mean and include an affirmation in the case of Quakers, and a declaration in the case of persons allowed by law to make a declaration in lieu of an oath :

5

The expression "corporate borough" shall mean any corporate "Corporate
borough mentioned in the schedules annexed to an Act passed & Will. IV.
borough:"
in the sixth year of the reign of King William the Fourth, c. 76.
intituled "An Act for the Regulation of Municipal Corpora-
tions in England and Wales," and any borough incorporated
by charter granted or to be granted in pursuance of that or
any subsequent Act: (1)

The word "district" shall mean the entire area, places or parts "District:"
of places comprised within the limits of any district to which
this Act or any part thereof shall be applied by Order in
Council or provisional order of the General Board of Health,
sanctioned by Parliament :

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The expression corporate district" shall mean a district in “Corporate
which the powers, authorities, and duties of the Local Board district:"
of Health of the district are exercised and executed by the
Council of a corporate borough:

The expression "noncorporate district" shall mean a district in "Noncorporate
which the powers, authorities, and duties of the Local Board district:"
of Health of the district are not exercised and executed by the
Council of a corporate borough:

The word "street" shall apply to and include any highway (not
being a turnpike road), and any road, public bridge (not being
a county bridge), lane, footway, square, court, alley, passage,
whether a thoroughfare or not, and the parts of any such
highway, road, bridge, lane, footway, square, court, alley, or
passage, within the limits of any district :

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Street:"

The word "house" shall include schools, factories, and other "House:" buildings in which more than twenty persons are employed at

one time :

The word "drain" shall mean and include any drain of and used “Drain:"
for the drainage of one building only, or premises within the
same curtilage, and made merely for the purpose of commu-
nicating 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 "Sewer:"
every description, except drains to which the word "drain "
interpreted as aforesaid applies:

The term "slaughter-house" shall mean and include the buildings "Slaughterand places commonly called slaughter-houses and knackers' house:" yards, and any building or place used for slaughtering cattle,

horses, or animals of any description for sale :

The expression

66

waterworks company" shall mean any corpora- "Waterworks tion, person, or company of persons supplying, or who may company:" hereafter supply water for their own profit :

The term "waterworks" shall include streams, springs, wells, “Waterworks;" pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices,

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William the Fourth, intituled 'An Act to Construction of
provide for the Regulation of Municipal certain expres-
Corporations in England and Wales,' and sions used in the
to any city, borough, port, or town cor- Public Health
porate incorporated by charter granted or Act, 1848.
to be granted in pursuance of that or any
subsequent Act; and the word 'burgesses,'
wherever used in the said Public Health
Act, shall be construed to mean citizens in
the case of a city."

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