Penalties for posts, notice Penalty for keeping swine in improper situations(d). highway within any parish or district, it shall and may be lawful for any justice of the peace, upon complaint to him made, to grant a summons, or, if such justice shall think fit, a warrant to bring before him such offender or offenders, and such justice shall examine on oath any witness or witnesses who shall appear to give information or evidence touching such offence; and any person convicted of any such offence shall forfeit to the said vestry or district board a sum not exceeding 5l., to be recovered by a summary proceeding; provided that nothing hereinbefore contained shall be deemed to apply to the removal of the refuse of any trade, manufacture, or business, or of any building materials from any house or land by the direction of the owner or occupier of such house or land. XC. Every person who shall affix or cause to be affixed any bill, notice, or paper against, or deface or disfigure any street post, lamp post, pump, or building vested in any board or vestry, or who shall remove, deface, or injure any notice board placed or set up by order of any board or vestry, or who shall pull down, obliterate, or deface any notice set up or affixed by order of any board or vestry, shall for every such offence forfeit a sum not exceeding 40s., to be recovered before a justice by a summary proceeding. XCI. No person within any parish mentioned in schedule (A.) to the firstly-recited Act, or in district any mentioned in schedule (B.) to the said Act, shall breed, (c) These offences are not included within the 206th section of 18 and 19 Vict. c. 120. The 5th section of 57 Geo. 3, c. 29 (Metropolitan General Paving Act), only applies to the removal of the notice boards there mentioned. See section 87, p. 314, ante, as to penalties for defacing the names of streets. (d) This enactment gives a larger discretion to the vestries and district boards than the 68th section of the 57 Geo. 3, c. 29, or the Nuisances Removal Act, for the abatement and suppression of this description of nuisance. feed, or keep any swine in any locality, premises, or place which may be unfit for the keeping of swine, or in which the breeding, feeding, or keeping swine may create a nuisance, or be injurious to health; and any person breeding, feeding, or keeping swine in or on any such locality, premises, or place, shall be liable to a penalty not exceeding 40s., and to a further penalty not exceeding 10s. for every day during which he shall continue such offence after notice from the vestry or district board to discontinue the same, and any such penalty may be recovered by a summary proceeding; and if in any proceeding under this enactment it shall be proved to the satisfaction of the justice or justices that any such locality, premises, or place are or is unfit for the keeping of swine, such justice or justices may prohibit the using thereof for that purpose for the future; and any person disobeying the order of any justice or justices in this behalf shall be liable to a penalty of 10s. for every day during such his default. 18 & 19 Vict. 20 & 21 Vict. pealed. Licences thereunder XCII. The one hundred and thirty-first section of Sect. 131 of the firstly-recited Act (e), and the thirty-fifth section of c. 120, and "The Metropolitan Market Act, 1857," (twentieth and sec. 35 of twenty-first Victoria, chapter one hundred and thirty- c. 135, refive) (local and personal), are repealed; but all licences granted in pursuance of the provisions in the said re- granted pealed sections contained shall continue in force for the to continue. space of one year next after the day of the granting of the same respectively, and all offences heretofore committed against the provisions of the said Acts, or either of them, in relation to slaughter-houses, shall be dealt with in every respect as if this Act had not been passed. (e) The repealed section provided for notices to vestries and district boards before slaughter-houses could be licensed, and the 35th section of the 20 & 21 Vict. c. 135, contained similar provisions. Licensing cowhouses(ƒ) XCIII. From and after the 1st day of November, 1862, no place within any parish or place mentioned in the schedules to the firstly-recited Act shall be used by any person carrying on the business of a slaughterer of cattle (g) or cowkeeper or dairyman as a slaughter-house for the purpose of slaughtering cattle or a cowhouse or place for the keeping of cows, without a licence had for such purpose respectively from the justices of the peace assembled at a special sessions held in the division or district where such slaughter-house, cowhouse, or place is situate, and such licence shall continue in force for the period of one year from the granting thereof, and thenceforth until the special sessions to be held next after the expiration of such period, and no fee or reward exceeding 5s. shall be taken for any such licence; and if any person carrying on such business of a slaughterer of cattle, cowkeeper, or dairyman use as a slaughterhouse or cowhouse any place within any parish or place mentioned in the schedules of the firstly-recited Act which is not so licensed, every person so offending shall for each offence be liable to a penalty not exceeding 5l., of which offence the fact that cattle have been taken into such place shall be deemed sufficient primâ facie evidence: provided always, that before any licence for the use of any place as a slaughter-house (h) or cowhouse is granted as aforesaid, fourteen days' notice of the intention to apply for such licence shall be given to the vestry or district board of the parish or district in which any such place is situate, to the intent that such vestry or district board, if they think fit, may show cause (f) Cowhouses are hereby subjected to similar rules with respect to licensing as slaughter-houses. (g) The repealed provision referred to places used as "slaughter-houses." The present section alters that expression, and substitutes "any place be used by any person carrying on the business of a slaughterer of cattle, as a slaughter-house, &c." (h) This incorporates the words "by any person carrying on the business of a slaughterer of cattle," occurring in the earlier part of the section. against the granting of any such licence, and also seven days' notice previous to such special sessions being held of the intention to apply for such licence shall be given to the clerk of the justices for such division: provided, that nothing in this Act contained shall extend to slaughter-houses erected or to be erected in the metropolitan cattle market under the authority of the Metropolitan Market Act, 1851, or the Metropolitan Market Act, 1857 (i). notice to be licence for slaughter XCIV. Before any licence for the keeping or using of Month's any house or place within the metropolitan police dis- given of trict (k) as a licensed slaughtering-house or place for the applying for purpose of slaughtering or killing horses or other cattle keeping not killed for butchers' meat shall be granted by any house. quarter sessions of the peace under the provisions of the Act of the session holden in the twenty-sixth year of the reign of His Majesty King George the Third, chapter seventy-one, or of the Act of the session holden in the seventh and eighth years of Her present Majesty, chapter eighty-seven (7), or any Act amending either of the said Acts, one month's previous notice of the intention to apply for such licence shall be given to the vestry or district board of the parish or district in which such house or place is situate, to the intent that such vestry or district board, if they think fit, may show cause against the grant of such licence. district boards to XCV. It shall be lawful for every vestry and district Vestries and board, if they in their discretion think fit, to appoint and employ a sufficient number of persons, or to contract contract for with any company or persons, for collecting and remov- manure from (i) The Acts referred to are the 14 & 15 Vict. c. 61, and the 20 & 21 Vict. c. 21. (k) See as to limits of metropolitan police district, 10 Geo. 4, c. 44, s. 4, and schedule, and 2 & 3 Vict. c. 47, s. 2. (1) See 12 & 13 Vict. c. 92. removal of cowhouses. stables and ing the manure and refuse straw from such stables and cowhouses within their parish or district, the occupiers of which may signify their consent in writing to such removal; provided that such consent shall not be withdrawn or revoked without one month's previous notice to the vestry or district board, and that no person shall be hereby relieved from any penalty or penalties to which they may be subject for placing dung or manure upon the footways or carriageways of any parish or district, or for having any accumulation or deposit of manure so as to be a nuisance or injurious to health (a). Vestry or district board may ment of costs or expenses from owner or occupier, and occupier paying to deduct from XCVI. The two hundred and seventeenth, two hundred and eighteenth, and two hundred and nineteenth require pay sections of the firstly-recited Act are hereby repealed; and in lieu thereof be it enacted, that it shall be lawful for any vestry or district board, at their discretion, to require the payment of any costs or expenses which the owner of any premises may be liable to pay under the said recited Act or this Act either from the owner or from any person who then or at any time thereafter occupies such premises, and such owner or occupier shall be liable to pay the same, and the same shall be recovered in manner authorized by the recited Act and this Act; and the owner shall allow such occupier to deduct the sums of money which he so pays out of the rent from time to rent (b). (a) See 57 Geo. 3, c. 29, s. 64, post, appendix, and s. 60 of Metropolitan Police Act, 2 & 3 Vict. c. 47, and Nuisances Removal Act, 18 & 19 Vict. c. 121, s. 8, et seq. (b) The 217th sect. hereby repealed, compelled the vestry, &c. to obtain payment from the occupier; the 218th limited the amount of rent which the occupier should be called on to pay; and the 219th declared that contracts between landlord and tenant with respect to the payment of rates, dues, and sums of money, should remain unaffected. These sections are in substance here re-enacted in this and the following section, with the additional provision that the vestries and district boards may, at their option, proceed against the owner in the first instance. |