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the right of carrying on any business to which such by-law relates,
as a punishment for breaking the same, and any person disobeying such
order shall be liable to a fine not exceeding fifty pounds for every
day during which such disobedience continues.
(6) Any sanitary authority or person aggrieved by any proposed by-law
under this section, or by any proposed alteration or repeal of a by-law,
may forward notice of his objection to the Local Government Board,
who shall consider the same.
(7) There shall be charged for an order of the County Council under this
section, and carried to the county fund, such fee, not exceeding
forty shillings, as the County Council may fix.
(8) For the purposes of this section a business shall be deemed to be
established anew not only if it is established newly, but also if it is
removed from any one set of premises to any other premises, or if it
is renewed on the same set of premises after having been discontinued
for a period of nine months or upwards, or of any premises on which
it is for the time being carried on are enlarged without the sanction
of the County Council; but a business shall not be deemed to be
established anew on any premises by reason only that the ownership
of such premises is wholly or partially changed, or that the building
in which it is established having been wholly or partially pulled down
or burnt down has been reconstructed without any extension of
its area.
(9) Nothing in this section shall render an order of the County Council
necessary to authorise the slaughter of cattle at the Metropolitan
Cattle Market, or at the cattle market at Deptford, or shall authorise
the making of by-laws affecting either of those markets or the
slaughter houses erected thereat either before or after the commencement
of this Act.
(10) In the application of this section to the City of London, the
Commissioners of Sewers shall be substituted for the County Council
and the consolidated rate for the county fund.
Section 21.—Duty of Sanitary Authority to complain to Justice of nuisance
arising from offensive trade:—
(1) Where any manufactory, building, or premises used for any trade,
business, process, or manufacture, causing effluvia, is certified to the
Sanitary Authority by their Medical Officer of Health, or by any two
legally qualified medical practitioners, or by any ten inhabitants of
the district of such authority, to be a nuisance or injurious to the
health of any of the inhabitants of the district, such authority shall
make a complaint, and if it appears to the Petty Sessional Court
hearing the complaint that the trade, business, process or manufacture
carried on by the person complained of is a nuisance, or causes any
effluvia which is a nuisance or injurious or dangerous to the health
of any of the inhabitants of the district, then, unless it is shown that
such person has used the best practicable means for abating the
nuisance, or preventing or counteracting the effluvia, the person so