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commodity as aforesaid is manufactured, sold, or stored, to give
notice thereof forthwith to the Medical Officer of the Sanitary
District in which such business is carried on or such premises are
situate;
shall be liable for every such offence on conviction in a Court of Summary
Jurisdiction to a penalty not exceeding forty shillings.
Every itinerant vendor of any such commodity as aforesaid shall, if
not himself the manufacturer thereof, exhibit in a legible manner on a
conspicuous part of his barrow a notice stating the name and address of
the person from whom he obtains such commodity, and if such vendor
is himself the manufacturer of such commodity he shall in the same
manner exhibit his own name and address. Every such itinerant vendor
who shall fail to comply with the provisions of this Section shall be
liable for each offence on conviction as aforesaid to a penalty not
exceeding forty shillings.
Proceedings for the recovery of the penalties imposed by the two last
preceding Sections of this Act shall be instituted by the Sanitary
Authority for the District in which the offence was committed or of the
District to the Medical Officer of which such notification as aforesaid
ought to have been made, or in which such itinerant vendor as aforesaid
shall offer any such commodity as aforesaid for sale as the case may be.
Provided always that if any Sanitary Authority omit to institute such
proceedings the Council may institute the same as if such omission were
a default within the meaning of Section 100 of "The Public Health
(London) Act, 1891," and the provisions of that Act relating to any
such default and the consequences thereof shall apply with respect to
such proceedings.
To all of these, except the last, there is no objection, and they are certainly
calculated to protect the public health.
Provisions by the Metropolitan Borough Councils.
Under the Public Health Act, Section 133, Sub-section (d), it is expressly
enacted that The powers of the County Council under this Act to proceed
"in case of default of a Sanitary Authority shall not extend to the
"Commissioners of Sewers."
It is therefore important to ensure this exemption being continued in any
fresh legislation, as there is no possible justification for the County Council to
control or override the Corporation.