Sanitary law : a digest of the sanitary acts of England and Scotland / by H. Aubrey Husband.

Date:
1883
Catalogue details

Licence: Public Domain Mark

Credit: Sanitary law : a digest of the sanitary acts of England and Scotland / by H. Aubrey Husband. Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

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    agreeable and uncomfortable, thougli it would not Sec. amount to a nuisance by itself, still lie is answerable for it.” The onus of proving that a trade is carried on in a reasonable and projier manner devolves on the defendant, and a manufacturer is liable for the actions of his servants, although tlieir acts are contrary to his orders. An U.A. may make by-laws Avith regard to ii3 the establishment and regulation of offensive trades ; and it is the duty of an U.A., on the certificate of the lu M.O., or two qualified medical practitioners, or any ten inhabitants, to complain to a J. 3P. of a nui.sance arising from any offensive trade, who may summon the person complained against to appear before a court of summary jurisdiction. If on full inquiry it be shown that the effluvia is a nuisance and injurious to health, and that the best means have not been taken to pre- vent the nuisance, the owner or occupier shall be liable to a penalty of not more than £5 nor less than 40s., and a penalty double the amount of the last in case of a second or more convictions, but the highest penalty shall not exceed £200. The court is, hoAvever, allowed to sufqiend its final determination, on condition that the person complained of, within a reasonable time, uses every means to remove or aliate the nuisance. The U.A. may take the case into a higher court. These proceedings may be taken by R. A., by obtaining 267 order from L.G.B. A legally qualified medical prac- titioner is anyone registered under the Medical Act of 1858. A L.A. has power to ]>roceed on certificates as ns ju-st mentioned Avhere any manufiictory is a nuisance oi injurious to health, even if carried on without their district, provided the proceedings are taken before F
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