“The Public Health Act, 1872,” and “The Public Health Act Amendment Act, 1875,” are hereby repealed.

But this repeal shall not affect the past operation of the said Acts, or affect any things done, proceedings taken, penalties and liabilities incurred, appointments contracts orders returns and regulations made, notices given or served, certificates granted, Boards constituted or appointed, or any right title or obligation accrued under the said repealed Acts: And notwithstanding the said repeal, all Orders in Council Proclamations appointments orders and regulations made under the said Acts and in force at the time of the commencement of this Act shall continue and be as if this Act had not been passed, but so that the same may be revoked altered or otherwise dealt with under this Act as if the same had been made under this Act.

In the interpretation of this Part of this Act the following words and expressions shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction:—

The Governor may appoint any number of persons not more than seven nor fewer than four to be a Board for superintending the execution of this Part of this Act.

Such Board shall be called “The Central Board of Health,” and shall have and execute all the powers and duties vested in or imposed on such Board by this Part of this Act.

The Governor may from time to time, at his pleasure, remove all or any of the persons so appointed, and appoint others in their place.

The Colonial Secretary for the time being and being a member of the Executive Council of the colony shall be the President of the Board.

The powers and duties vested in the Central Board may be exercised and executed by the President, together with any three other members present at a meeting.

At all meetings of the Central Board the President, if present, shall preside, and, if he be not present, the members present shall elect a President.

The President shall have a vote, and in case of equality a casting vote.

During any vacancy or vacancies in the Central Board, the continuing members, not being fewer than four, may act as if no vacancy had occurred.

The place and time of meetings of the Central Board shall be fixed by the Board, except of the first meeting, which shall be fixed by the Governor by Proclamation in the Gazette.

The Governor may from time to time appoint such officers as may be deemed necessary for the purposes of this Part of this Act, and every person so appointed shall be removable at the Governor’s pleasure.

The Central Board shall, subject to the approval of the Governor, from time to time make such rules orders and regulations as it may deem proper for the execution of its powers and the discharge of its duties, and for carrying out the provisions of this Part of this Act in every particular.

None of such rules and regulations shall be contrary to this Act, or any other Act of the General Assembly. All such rules and regulations shall be published in the Gazette, and from the date of such publication shall have the force of law.

Every document whatever purporting to be issued or written by or under the direction of the said Board, and purporting to be signed by the President thereof, shall be received in all Courts, and without further proof shall be deemed to have been issued or written by or under the direction of the said Board unless the contrary is shown.

The Central Board shall make appointments and orders in the execution of this Part of this Act by writing signed by the President of the Board or any two members thereof.

It shall be lawful for the Governor at any time, if in his opinion the necessities of the case require it, out of any moneys appropriated for the purpose by the General Assembly, to place at the disposal of the Central Board such reasonable sum as he shall think fit.

The Central Board may from time to time advance to any Local Board, constituted or appointed under this Part of this Act, such sum or sums of money for the purposes of this Act as to the Central Board seems fit; and all moneys so issued shall, when recovered from any Local Board as hereinafter provided, be repaid into the Public Account.

Every Local Board as hereinbefore defined shall, within its respective limits and jurisdictions, be the Local Board of Health therein, with all the powers rights and duties by this Act given or imposed.

Provided that the Christchurch Drainage Boards constituted by “The Christchurch District Drainage Act, 1875,” shall be the sole Local Board of Health for the district constituted by the second section of the said Act, and shall have exercise and perform all the powers rights and duties given by this Act to Local Boards of Health; and no other Local Board shall have exercise or perform any powers rights or duties which shall or may obstruct or interfere with the powers rights and duties hereby vested in the Christchurch Drainage Board.

Each Local Board of Health may from time to time appoint a Surveyor and Inspector of Nuisances, and such officers and servants as may be necessary for the due carrying out of the provisions of this Part of this Act and any regulations made hereunder.

Each Local Board may also make regulations for all or any of the following purposes:—

Specifying the duties and conduct of the officers and servants so appointed or employed by it.

For removing such officers or servants as it sees fit.

For directing such wages salaries or allowances as such Local Board may deem reasonable to be paid to such officers and servants.

For directing the same and all other expenses incurred by such Board in the due execution of this Part of this Act to be paid out of the general city town borough or district rates, or out of any rates or other moneys applicable by the Board to the purposes of improving the city town borough or district, or otherwise at the disposal of the Local Board.

Each Local Board of Health may, if it thinks fit, appoint a fit and proper person, being a legally qualified medical practitioner, to be called “the Medical Officer,” who shall be removable by the said Local Board, and shall perform such duties and in such manner as the Central Board of Health may from time to time by instructions issued by it direct.

The Local Board may direct such remuneration to be paid to such officer as it may see fit out of such moneys, and in the same manner as herein is directed in reference to other officers or servants.

Every Local Board shall make a report to the Central Board in such form and at such times as such Central Board shall from time to time direct, in regard to the health cleanliness and general sanitary state of the city town borough district or place for which such Local Board is established.

The Central Board of Health shall make a report to the Governor, in such form and at such times as the Governor shall from time to time direct, in regard to the general sanitary state of the colony.

The Governor may also require the Board from time to time to report to him as to the sanitary state of any particular part or place in the colony.

Whenever any part of New Zealand appears to be threatened with or is affected by any formidable epidemic endemic or infectious disease, the Central Board may make, and from time to time alter and revoke, regulations for all or any of the following purposes, namely,—

For the speedy interment of the dead; and

For house to house visitation; and

For the provision of medical aid and accommodation, for the promotion of cleansing, ventilation and disinfection, and for guarding against the spread of disease;

and may by order declare all or any of the regulations so made to be in force within the whole or any part or parts of the district of any Local Board for the period in such order mentioned; and may by any subsequent order abridge or extend such period.

The Governor in Council may from time to time, by Proclamation in the Gazette, declare that certain diseases are deemed to be infectious within the meaning of this Act, and upon the publication of any such Proclamation the diseases mentioned therein shall be deemed to be infectious accordingly.

All regulations and orders so made by the Central Board shall be published in the Gazette, and such publication shall be conclusive evidence thereof for all purposes.

The Local Board of any district within which or part of which regulations so issued by the Central Board are declared to be in force, shall publish such regulations in a newspaper circulating in the district, and shall superintend and see to the execution thereof, and shall appoint and pay such medical or other officers or persons, and do and provide all such acts matters and things, as may be necessary for mitigating any such disease, or for superintending or aiding in the execution of such regulations, or for executing the same, as the case may require.

The Local Board may from time to time direct any prosecution or legal proceedings for or in respect of the wilful violation or neglect of any such regulation.

The Local Board and its officers shall have power of entry on any premises for the purpose of executing or superintending the execution of any regulations so issued by the Central Board as aforesaid.

The Central Board may, if it thinks fit, by order authorize or require any two or more Local Boards to act together for the purposes of the provisions of this Part of this Act relating to prevention of epidemic diseases, and may prescribe the mode of such joint action, and of defraying the costs thereof.

Any person who—

Wilfully violates any regulation so issued by the Central Board as aforesaid, or

Wilfully obstructs any person acting under the authority or in the execution of any such regulation,

shall be liable to a penalty not exceeding ten pounds.

If at any time it shall be made to appear to the Central Board of Health that any Local Board has failed or neglected or refused to carry out any such regulations as aforesaid, the Central Board may issue an order declaring all the powers and authorities vested in such Local Board to be thenceforth, and for such period as shall be mentioned in any such order, absolutely transferred to the Central Board of Health. Every such order shall have effect within the limits of the jurisdiction of the Local Board to which it refers, and upon the publication thereof in the Gazette all the powers of such Local Board shall cease accordingly, for such period as shall be mentioned in the order.

Where any Local Board is of opinion, on the certificate of its Medical Officer, or of any other legally qualified medical practitioner, that the cleansing and disinfecting of any house or part thereof, and of any articles therein likely to retain infection, would tend to prevent or check infectious disease, it shall be the duty of such Board to give notice in writing to the owner or occupier of such house or part thereof, requiring him to cleanse and disinfect such house or part thereof and articles within a time specified in such notice.

If the person to whom notice is so given fails to comply therewith, he shall be liable to a penalty of not less than five shillings and not exceeding twenty shillings for every day during which he continues to make default; and the Local Board shall cause such house or part thereof and articles to be cleansed and disinfected, and may recover the expenses incurred from the owner or occupier in default in a summary manner.

Where the owner or occupier of any such house or part thereof is from poverty or otherwise unable, in the opinion of the Local Board, effectually to carry out the requirements of this section, the Board may, without enforcing such requirements on such owner or occupier, cleanse and disinfect such house or part thereof and articles, and defray the expenses thereof.

When a householder knows that a person within the house occupied by him is taken sick of small-pox cholera or any other highly infectious disease dangerous to the people, he shall immediately give notice thereof to the Local Board of the district in which he dwells. If he refuses or neglects to give such notice, he shall forfeit a sum not exceeding ten pounds. It shall be the duty of the medical practitioner in attendance on such case to state to the householder, as early as possible, the infectious nature of such disease.

Any Local Board may do any of the following things:—

Direct the destruction of any bedding clothing or other articles which have been exposed to infection from any dangerous infectious disorder, and may give compensation for the same.

Provide a proper place, with all necessary apparatus and attendance, for the disinfection of bedding clothing or other articles which have become infected, and may cause any articles brought for disinfection to be disinfected free of charge.

Provide and maintain a carriage or carriages suitable for the conveyance of persons suffering under any infectious disorder, and may pay the expenses of conveying therein any person so suffering to a hospital or other place of destination.

Where any suitable hospital or place for the reception of the sick is provided within the district of a Local Board, or within a convenient distance of such district, any person who is suffering from any dangerous infectious disorder, and is without proper lodging or accommodation, or lodged in a room occupied by more than one family, or is on board any ship or vessel, may, on a certificate signed by a legally qualified medical practitioner, and with the consent of the superintending body of such hospital or place, be removed, by order of any Resident Magistrate, to such hospital or place at the cost of the Local Board.

An order under this section may be addressed to such constable or officer of the Local Board as the Resident Magistrate making the same may think expedient; and any person who wilfully disobeys or obstructs the execution of such order shall be liable to a penalty not exceeding ten pounds.

Any person who—

While suffering from any dangerous infectious disorder wilfully exposes himself, without proper precautions against spreading the said disorder, in any street public place shop inn or public conveyance, or enters any public conveyance without previously notifying to the owner conductor or driver thereof that he is so suffering; or

Being in charge of any person so suffering, so exposes such sufferer; or

Gives lends sells or transmits or exposes, without previous disinfection, any bedding clothing rags or other things which have been exposed to infection from any such disorder,

shall be liable to a penalty not exceeding five pounds; and a person who, while suffering from any such disorder, enters any public conveyance without previously notifying to the owner or driver that he is so suffering, shall in addition be ordered by the Court to pay such owner and driver the amount of any loss and expense they may incur in carrying into effect the provisions of this Act with respect to disinfection of the conveyance:

Every owner or driver of a public conveyance shall immediately provide for the disinfection of such conveyance after it has to his knowledge conveyed any person suffering from a dangerous infectious disorder.

Any person who knowingly lets for hire any house room or part of a house in which any person has been suffering from any dangerous infectious disorder, without having such house room or part of a house, and all articles therein liable to retain infection, disinfected to the satisfaction of a legally-qualified medical practitioner, as testified by a certificate signed by him, shall be liable to a penalty not exceeding twenty pounds.

Any person letting for hire or showing for the purpose of letting for hire any house or part of a house, who on being questioned by any person negotiating for the hire of such house or part of a house as to the fact of there being or within six weeks previously having been therein any person suffering from any dangerous infectious disorder, knowingly makes a false answer to such question, shall be liable, at the discretion of the Court, to a penalty not exceeding twenty pounds, or to imprisonment, with or without hard labour, for a period not exceeding one month.

Any Local Board may provide for the use of the inhabitants of its district hospitals or temporary places for the reception of the sick, and for that purpose may—

Two or more Local Boards may combine in providing a common hospital.

Any expenses incurred by a Local Board in maintaining in an hospital, or in a temporary place for the reception of the sick (whether or not belonging to such Board), a patient who is not a pauper, shall be deemed to be a debt due from such patient to the Local Board, and may be recovered from him at any time within six months after his discharge from such hospital or place of reception, or from his estate in the event of his dying in such hospital or place.

Any Local Board may, with the sanction of the Central Board, itself provide or contract with any person to provide a temporary supply of medicine and medical assistance for the poorer inhabitants of its district.

Any Local Board may, and if required by the Central Board shall, provide and fit up a proper place for the reception of dead bodies before interment (in this Part of this Act called a mortuary), and may make by-laws with respect to the management and charges for use of the same; it may also provide for the decent and economical interment, at charges to be fixed by such by-laws, of any dead body which may be received into a mortuary.

Where the body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates of the same house or room is retained in such house or room, any Justice may, on a certificate signed by a legally-qualified medical practitioner, order the body to be removed, at the cost of the Local Board, to any mortuary provided by such Board, and direct the same to be buried within a time to be limited in such order; and unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it shall be the duty of the Board to cause such body to be buried; but any expense so incurred may be recovered by the Board in a summary manner from any person legally liable to pay the expense of such burial.

Any Local Board may provide and maintain a proper place (otherwise than at a mortuary) for the reception of dead bodies during the time required to conduct any post-mortem examination ordered by a Coroner or other constituted authority, and may make regulations with respect to the management of such place.

Where any such place has been provided, a Coroner or other constituted authority may order the removal of the body to and from such place for carrying out such post-mortem examination, such costs of removal to he paid in the same manner and out of the same fund as the costs and fees for post-mortem examinations when ordered by the Coroner.

It shall not he lawful newly to erect any house, or to rebuild any house pulled down to or below the ground floor, without a sufficient water-closet earth-closet or privy, and an ashpit.

If a house within the district of a Local Board appears to such Board, by the report of its Surveyor or Inspector of Nuisances, to be without a sufficient water-closet earth-closet or privy, and an ashpit furnished with proper doors and coverings, the Local Board shall, by written notice, require the owner or occupier of the house, within a reasonable time therein specified, to provide a sufficient water-closet earth-closet or privy, and an ashpit furnished as aforesaid, or either of them, as the case may require.

If such notice is not complied with, the Local Board may, at the expiration of the time specified in the notice, do the work thereby required to be done, and may recover in a summary manner from the owner the expenses incurred by them in so doing: But where a water-closet earth-closet or privy has been and is used in common by the inmates of two or more houses, or if in the opinion of the Local Board a water-closet earth-closet or privy may be so used, they need not require the same to be provided for each house.

Where it appears to any Local Board, by the report of its Surveyor, that any house is used or intended to be used as a factory or building in which persons of both sexes are employed or intended to be employed at one time in any manufacture trade or business, the Local Board may, if it thinks fit, by written notice, require the owner or occupier of such house, within the time therein specified, to construct a sufficient number of water-closets earth-closets or privies and ashpits for the separate use of each sex.

Any Local Board having jurisdiction in a city or borough may, if it thinks fit, provide and maintain, in proper and convenient situations, urinals water-closets earth-closets privies and ashpits, and other similar conveniences for public accommodation.

Every Local Board shall provide that all drains water-closets earth-closets privies ashpits and cesspools within its district be constructed and kept so as not to be a nuisance or injurious to health.

On the written application of any person to a Local Board, stating that any drain water-closet earth-closet privy ashpit or cesspool on or belonging to any premises within its district is a nuisance or injurious to health (but not otherwise), the Local Board may, by writing, empower its Surveyor or Inspector of Nuisances, after twenty-four hours’ written notice to the occupier of such premises, or, in case of emergency, without notice, to enter such premises, with or without assistants, and cause the ground to be opened, and examine such drain water-closet earth-closet privy ashpit or cesspool.

If the drain water-closet earth-closet privy ashpit or cesspool on examination is found to he in proper condition, he shall cause the ground to he closed, and any damage done to he made good as soon as can he, and the expenses of the works shall he defrayed by the Local Board. If the drain water-closet earth-closet privy ashpit or cesspool on examination appear to be in bad condition, or to require alteration or amendment, the Local Board shall forthwith cause notice in writing to be given to the owner or occupier of the premises, requiring him forthwith, or within a reasonable time therein specified, to do the necessary works.

Every Local Board may, and when required by order of the Central Board shall, itself undertake or contract for—

The cleansing of earth-closets privies ashpits and cesspools; either for the whole or any part of their district:

Every Local Board having jurisdiction in any city or borough, and every other Local Board may, and when required by order of the said Board shall, itself undertake or contract for the proper cleansing of streets, and may also itself undertake or contract for the proper watering of streets for the whole or any part of its district.

All matters collected by the Local Board or contractor in pursuance of this section may be sold or otherwise disposed of, and any profits thus made by a Local Board shall be carried to the account of the fund or rate applicable by it for the general purposes of this Act.

If a Local Board who has itself undertaken or contracted for the removal of house refuse from premises, or the cleansing of earth-closets privies ashpits and cesspools, fail, without reasonable excuse, after notice in writing from the occupier of any house within its district requiring it to remove any house refuse or to cleanse any earth-closet privy ashpit or cesspool belonging to such house or used by the occupiers thereof, to cause the same to be removed or cleansed, as the case may be, within seven days, the Local Board shall be liable to pay to the occupier of such house a penalty not exceeding five shillings for every day during which such default continues after the expiration of the said period.

Where the Local Board does not itself undertake or contract for the cleansing of footways and pavements adjoining any premises, the removal of house refuse from any premises, the cleansing of earth-closets privies ashpits and cesspools belonging to any premises, it may make by-laws imposing the duty of such cleansing or removal, at such intervals as it thinks fit, on the occupier of any such premises.

Any Local Board may also make by-laws for the prevention of nuisances arising from filth dust ashes and rubbish, and for the prevention of the keeping of animals on any premises so as to be injurious to health.

Any Local Board having jurisdiction in a city or borough may, if it sees fit, provide in proper and convenient situatious receptacles for the temporary deposit and collection of dust ashes and rubbish; it may also provide fit buildings and places for the deposit of any matters collected by them in pursuance of this Part of this Act.

Where, on the certificate of the Medical Officer or of any two medical practitioners, it appears to any Local Board that any house or part thereof is in such a filthy or unwholesome condition that the health of any person is affected or endangered thereby, or that the whitewashing cleansing or purifying of any house or part thereof would tend to prevent or check infectious disease, the Local Board shall give notice in writing to the owner or occupier of such house or part thereof to whitewash cleanse or purify the same, as the case may require.

Any person who in any city or borough—

Keeps any swine or pigstye in any dwelling-house, or so as to be a nuisance to any person, or

Suffers any waste or stagnant water to remain in any cellar or place within any dwelling-house for twenty-four hours after written notice to him from the Local Board to remove the same, or

Allows the contents of any water-closet privy or cesspool to overflow or soak therefrom,

shall for every such offence be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding five shillings for every day during which the offence is continued, and the Local Board shall abate or cause to be abated every such nuisance, and may recover in a summary manner the expenses incurred by them in so doing from the occupier of the premises on which the nuisance exists.

Where any watercourse or open ditch lying near to or forming the boundary between the district of any Local Board and any adjoining district is foul and offensive, so as injuriously to affect the district of such Local Board, any Resident Magistrate may, on the application of such Local Board, summon the Local Board of such adjoining district to appear before any Court having jurisdiction within the district of such first-mentioned Board to show cause why an order should not be made by such Court for cleansing such watercourse or open ditch, and for executing such permanent or other structural works as may appear to such Court to be necessary.

Where in any city or borough it appears to the Inspector of Nuisances that any accumulation of manure dung soil or filth, or other offensive or noxious matter, ought to be removed, he shall give notice to the person to whom the same belongs, or to the occupier of the premises whereon it exists, to remove the same.

If such notice is not complied with within twenty-four hours from the service thereof, the manure dung soil or filth or matter referred to shall be vested in and be sold or disposed of by the Local Board, and the proceeds thereof shall be applied in payment of ’the expenses incurred by it in the execution of this section; and the surplus (if any) shall be paid on demand to the owner of the matter removed.

Notice may be given by any Local Board having jurisdiction in any city or borough (by public announcement in the district or otherwise) for the periodical removal of manure or other refuse matter from mews stables or other premises.

For the purposes of this Part of this Act,—

Any premises in such a state as to be a nuisance or injurious to health;

Any pool ditch gutter watercourse privy urinal cesspool drain or ashpit so foul or in such a state as to be a nuisance or injurious to health;

Any animal so kept as to be a nuisance or injurious to health;

Any accumulation or deposit which is a nuisance or injurious to health;

Any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family;

Any factory workshop or workplace not kept in a cleanly state, or not ventilated in such a manner as to render harmless as far as practicable any gases vapours dust or other impurities generated in the course of the work carried on therein, that are a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein;

Any fireplace or furnace which does not so far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill factory dyehouse brewery bakehouse or gaswork, or in any manufacturing or trade process whatsoever; and

Any chimney (not being the chimney of a private dwellinghouse) sending forth black smoke in such quantity as to be a nuisance,

shall be deemed to be nuisances liable to be dealt with summarily in manner provided by this Act: Provided—-

It shall be the duty of every Local Board to cause to be made from time to time inspection of its district, with a view to ascertain what nuisances exist calling for abatement under the powers of this Part of this Act, and to enforce the provisions of this Part of this Act in order to abate the same; also to enforce the provisions of any Act in force within its district requiring fireplaces and furnaces to consume their own smoke.

Information of any nuisance under this Act in the district of any Local Board may be given to such Board by any person aggrieved thereby, or by any two inhabitant householders of such district, or by any officer of such Board, or by any constable or officer of the police force of such district.

On the receipt of any information respecting the existence of a nuisance, the Local Board shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act default or sufferance the nuisance arises or continues, or, if such person cannot be found, on the owner or occupier of the premises on which the nuisance arises, requiring him to abate the same within a time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided—

If the person on whom a notice to abate a nuisance has been served makes default in complying with any of the requisitions thereof within the time specified, or if the nuisance, although abated since the service of the notice, is, in the opinion of the Local Board, likely to recur on the same premises, the Local Board shall cause a complaint relating to such nuisance to be made before a Justice, and such Justice shall thereupon issue a summons requiring the person on whom the notice was served to appear before a Resident Magistrate’s Court.

If the Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court shall make an order on such person requiring him to comply with all or any of the requisitions of the notice or otherwise to abate the nuisance within a time specified in the order, and to do any works necessary for that purpose; or an order prohibiting the recurrence of the nuisance, and directing the execution of any works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.

Where the nuisance proved to exist is such as to render a house or building, in the judgment of the Court, unfit for human habitation, the Court may prohibit the using thereof for that purpose until, in its judgment, the house or building is rendered fit for that purpose; and on the Court being satisfied that it has been rendered fit for that purpose the Court may determine its previous order by another declaring the house or building habitable, and from the date thereof such house or building may be let or inhabited.

Any person not obeying an order to comply with the requisitions of the Local Board, or otherwise to abate the nuisance, shall, if he fails to satisfy the Court that he has used all due diligence to carry out such order, be liable to a penalty not exceeding ten shillings per day during his default.

Whenever it appears to the satisfaction of the Court that the person by whose act or default the nuisance arises, or the owner or occupier of the premises, is not known or cannot be found, then the order of the Court may be addressed to and executed by the Local Board.

Any matter or thing removed by the Local Board in abating any nuisance under this Act may be sold by public auction; and the money arising from the sale may be retained by the Local Board, and applied in payment of the expenses incurred by it with reference to such nuisance, and the surplus (if any) shall be paid, on demand, to the owner of such matter or thing.

The Local Board, or any of their officers, shall he admitted into any premises for the purpose of examining as to the existence of any nuisance thereon, or of enforcing the provisions of any Act in force within the district requiring fireplaces and furnaces to consume their own smoke, at any time between the hours of nine in the forenoon and six in the afternoon; or in the case of a nuisance arising in respect of any business, then at any hour when such business is in progress or is usually carried on.

Where under this Act a nuisance has been ascertained to exist, or an order of abatement or prohibition has been made, the Local Board or any of its officers shall be admitted from time to time into the premises between the hours aforesaid, until the nuisance is abated, or the works ordered to be done are completed, as the case may be.

Where an order of abatement or prohibition has not been complied with, or has been infringed, the Local Board, or any of its officers, shall be admitted from time to time at all reasonable hours, or at all hours during which business is in progress or is usually carried on, into the premises where the nuisance exists, in order to abate the same.

If admission to premises for any of the purposes of this section is refused, any Resident Magistrate, on complaint thereof on oath by any officer of the Local Board (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises), may, by order under his hand, require the person having custody of the premises to admit the Local Board or its officer into the premises during the hours aforesaid; and if no person having custody of the premises can be found, the Resident Magistrate shall, on oath made before him of that fact, by order under his hand, authorize the Local Board or any of its officers to enter such premises during the hours aforesaid.

Any order made by a Resident Magistrate for the admission of a Local Board or any of its officers on premises shall continue in force until the nuisance has been abated, or the work for which the entry was necessary has been done.

Any person who refuses to obey an order of a Resident Magistrate for admission of the Local Board or any of its officers on any premises shall be liable to a penalty not exceeding five pounds.

All reasonable costs and expenses incurred in making a complaint, or giving notice, or in obtaining any order of the Court or any Resident Magistrate in relation to a nuisance under this Part of this Act, or in carrying the same into effect, shall be deemed to be money paid for the use and at the request of the person on whom the order is made; or if the order is made on the Local Board, or if no order is made, but the nuisance is proved to have existed when the complaint was made or the notice given, then of the person by whose act or default the nuisance was caused; and in the case of nuisances caused by the act or default of the owner of the premises, such costs and expenses may be recovered from any person who is for the time being owner of such, premises: Such costs and expenses shall not exceed in the whole one year’s rack-rent of the premises.

Any costs and expenses recoverable under this section by a Local Board from an owner of premises may be recovered from the occupier for the time being of such premises; and the owner shall allow such occupier to deduct any moneys which he pays under this enactment out of the rent from time to time becoming due in respect of the said premises, as if the same had been actually paid to such owner as part of such rent:

But no such occupier shall be required to pay any further sum than the amount of rent for the time being due from him, or which, after demand of such costs or expenses from such occupier, and after notice not to pay his landlord any rent without first deducting the amount of such costs or expenses, becomes payable by such occupier, unless he refuses, on application to him by the Local Board, truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie on such occupier:

Nothing herein contained shall affect any contract between any owner or occupier of any house building or other property whereby it is or may be agreed that the occupier shall pay or discharge all rates dues and sums of’ money payable in respect of such house building or other property, or to affect any contract whatsoever between landlord and tenant.

Complaint may be made to a Resident Magistrate of the existence of a nuisance under this Part of this Act on any premises within the district of any Local Board by any person aggrieved thereby, or by any inhabitant of such district, or by any owner of premises within such district, and thereupon the like proceedings shall be had with the like incidents and consequences as to making of orders, penalties for disobedience of orders, appeal, and otherwise, as in the case of a complaint relating to a nuisance made to a Resident Magistrate by the Local Board.

Any constable or other person authorized under this section shall have the like powers and be subject to the like restrictions as if he were an officer of the Local Board authorized under the provisions of this Act relating to nuisances to enter any premises and do any acts thereon.

Where it is proved to the satisfaction of the Central Board that a Local Board has made default in doing its duty in relation to nuisances under this Act, the Central Board may authorize any officer of police acting within the district of the defaulting Board to institute any proceeding which the defaulting Board might institute with respect to such nuisances, and such officer may recover in any Court of competent jurisdiction any expenses incurred by him, and not paid by the person proceeded against, from the defaulting Board:

Any Local Board may, if in its opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in the Supreme Court to enforce the abatement or prohibition of any nuisance under this Act, or for the recovery of any penalties from or for the punishment of any persons offending against the provisions of this Act relating to nuisances, and may order the expenses of and incident to all such proceedings to be paid out of the fund or rate applicable by them to the general purposes of this Act.

Where a nuisance under this Act within the district of a Local Board appears to be wholly or partially caused by some act or default committed or taking place without its district, the Local Board may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances by this Act authorized, with the same incidents and consequences, as if such act or default were committed or took place wholly within its district; so, however, that proceedings shall in no case be taken otherwise than before a Court having jurisdiction in the district where the act or default is alleged to be committed or take place.

The provisions of this Act relating to nuisances shall be deemed to be in addition to and not to abridge or affect any right remedy or proceeding under any other provisions of this Act or under any other Act, or at law or in equity:

Provided that no person shall be punished for the same offence both under the provisions of this Part of this Act relating to nuisances and under any other law or enactment.

Any person who, after the commencement of this Act, establishes within the district of a Local Board of any city or borough, without its consent in writing, any offensive trade, that is to say, the trade of—

Any other noxious or offensive trade business or manufacture, shall be liable to a penalty not exceeding fifty pounds in respect of the establishment thereof, and any person carrying on a business so established shall be liable to a penalty not exceeding forty shillings for every day on which the offence is continued, whether there has or has not been any conviction in respect of the establishment thereof.

The Local Board of a city or borough may from time to time make by-laws with respect to any offensive trades established with its consent either before or after the commencement of this Act, in order to prevent or diminish the noxious or injurious effects thereof.

Where any candle-house melting-house melting-place or soap-house, or any slaughter-house, or any building or place for boiling offal or blood, or for boiling burning or crushing bones, or any manufactory building or place used for any trade business process or manufacture causing effluvia, is certified to any such Local Board by its Medical Officer, or by any two legally-qualified medical practitioners, or by any ten inhabitants of the district of such Local Board, to be a nuisance or injurious to the health of any of the in habitants of the district, such Local Board shall direct complaint to be made before a Resident Magistrate, who may summon the person by or on whose behalf the trade so complained of is carried on, to appear before a Resident Magistrate’s Court.

The Court shall inquire into the complaint; and if it appears to the Court that the business carried on by the person complained of is a nuisance, or causes any effluvia which is a nuisance or injurious to the health of any of the inhabitants of the district, and unless it be shown that such person has used the best practicable means for abating such nuisance or preventing or counteracting such effluvia, the person so offending (being the owner or occupier of the premises, or being a foreman or other person employed by such owner or occupier) shall be liable to a penalty not exceeding five pounds nor less than forty shillings, and on a second and any subsequent conviction to a penalty double the amount of the penalty imposed for the last preceding conviction; but the highest amount of such penalty shall not in any case exceed the sum of two hundred pounds:

Any Local Board may, if it think fit, on such certificate as is in this section mentioned, cause to be taken any proceedings in any superior Court of law or equity against any person in respect of the matters alleged in such certificate.

Where any house building manufactory or place which is certified in pursuance of the last preceding section to be a nuisance or injurious to the health of any of the inhabitants of the district of the Local Board of a city or borough is situated without such district, such Local Board may take or cause to be taken any proceedings by that section authorized in respect of the matters alleged in the certificate, with the same incidents and consequences as if the house building manufactory or place were situated within such district; so, however, that proceedings shall not in any case be had otherwise than before a Court having jurisdiction in the district where the house building manufactory or place is situated.

Any Medical Officer or Inspector of Nuisances may at all reasonable times inspect and examine any animal carcase meat poultry game flesh fish fruit vegetable corn bread flour or milk exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, and intended for the food of man, the proof that the same was not exposed or deposited for any such purpose, or was not intended for the food of man, resting with the party charged.

If it appears to the Resident Magistrate that any animal carcase meat poultry game flesh fish fruit vegetables com bread flour or milk so seized is diseased or unsound or unwholesome or unfit for the food of man, he shall condemn the same, and order it to he destroyed or so disposed of as to prevent it from being exposed for sale or used for the food of man.

Any person who in any manner prevents any Medical Officer or Inspector of Nuisances from entering any premises and inspecting any animal carcase meat poultry game flesh fish fruit vegetables corn bread flour or milk exposed or deposited for the purpose of sale, or of preparation for sale, and intended for the food of man, or who obstructs or impedes any such Medical Officer or Inspector or his assistant when carrying into execution the provisions of this Part of this Act, shall be liable to a penalty not exceeding five pounds.

On complaint made on oath by a Medical Officer or by an Inspector of Nuisances, or other officer of a Local Board, any Resident Magistrate may grant a warrant to any such officer to enter any building or part of a building in which such officer has reason for believing that there is kept or concealed any animal carcase meat poultry game flesh fish fruit vegetables corn bread flour or milk which is intended for sale for the food of man, and is diseased unsound or unwholesome, or unfit for the food of man; and to search for, seize and carry away any such animal or other article, in order to have the same dealt with by a Resident Magistrate under the provisions of this Act.

Whosoever shall wilfully do any of the following things:—

Obstruct any Surveyor, Inspector, or any member of any Central or Local Board of Health, or any officer or person duly employed in the execution of this Part of this Act;

Incite any other person so to do, or destroy pull down injure or deface any board placard or notice made or’published under this Part of this Act,

shall be liable for every such offence to a penalty not exceeding five pounds: And if the occupier of any premises prevent the owner thereof from obeying or carrying into effect the provisions of this Part of this Act, he shall be liable to a penalty not exceeding five pounds for every day of such prevention: And if the occupier of any premises, when requested by or on behalf of the Local Board of Health to state the name of the premises occupied by him, shall refuse or wilfully omit to disclose or wilfully misstate the same, he shall be liable to a penalty not exceeding fifty pounds.

Where anything is by this Part of this Act, or any regulations made hereunder, directed to be done or forbidden to be done, or where any authority is given to any Central or any Local Board of Health, or any officers of theirs respectively, to direct anything to be done or forbid anything to be done, and such act so directed to be done shall remain undone, or such act so forbidden to be done shall be done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of an offence against this Part of this Act.

All offences under this Part of this Act shall be heard and determined, and all moneys costs and expenses recovered, in a summary way before a Resident Magistrate or two or more Justices of the Peace.

Whenever any penalty forfeiture costs expenses or other payment shall have been imposed directed or awarded to be paid under the provisions of this Part of this Act, or any regulations made hereunder, and the person convicted or awarded to pay such penalty forfeiture costs expenses or other payment shall not pay the same within such time as such Resident Magistrate or Justices shall direct, the convicting Magistrate or Justices—

May order that the same be levied by distress and sale of the goods and chattels of such offender, or, in default of such distress, or in the discretion of such Magistrate or Justices without ordering any such distress;

May direct such person to be imprisoned, with or without hard labour as they shall think fit, for a period not exceeding two months, if the penalty forfeiture cost expenses or payment shall not exceed ten pounds;

And for a period not exceeding four months, if the penalty forfeiture costs expenses or payment be above ten pounds and not exceeding twenty pounds;

And for a period not exceeding six months, if the penalty forfeiture costs expenses or payment be above twenty pounds;

and such person shall be detained and kept to hard labour accordingly, unless such respective penalties forfeitures costs expenses and payments shall be sooner paid.

The moneys arising from fines penalties and forfeitures imposed by this Part of this Act, or any regulations made hereunder, shall when recovered be paid and applied towards defraying the expenses of carrying this Part of this Act into execution, in such manner as any Local Board within whose jurisdiction such fines penalties or forfeitures may have been received shall direct, or, if there be no such Local Board, shall form part of the Consolidated Revenue of the colony.

Nothing in this Part contained shall take from lessen or diminish any of the powers belonging to any corporate body, or to the Council of any city town or borough, or to any Resident Magistrate or Justice, in respect of any matters provided for by this Part, whether such powers be given under or by Act of the General Assembly or Act or Ordinance of a Provincial Council.

If any person shall deem himself aggrieved by any general order or regulation of any Local Board of Health binding or purporting to bind not individuals or particular corporations or companies but classes of persons, such person may address a memorial thereon to the Central Board, stating the grounds of his complaint and the manner in which he individually, or the corporation company or class to which he belongs, may be prejudiced thereby; and the said Central Board may confirm reversé or vary such order or regulation as to them shall seem fit.

The Governor may from time to time, as he thinks fit, order that any or all of the powers functions duties authorities or acts vested in, conferred on, or authorized or required to be performed by the Governor within any port or place in the colony by or under the ninety-seventh and one hundred and twenty-second sections of this Act, shall be exercised performed or done by the Local Board constituted under the First Part of this Act, and having jurisdiction within such port or place, or by any other person or persons the Governor may think fit, subject, however, to any limitations or restrictions he may impose.

Whenever the Governor shall have exercised the powers hereby vested in him, such functions powers duties authorities and acts may, by such Board or other person or persons, be exercised performed and done within the port or part of the colony specified in such order.

The Governor may from time to time revoke vary or alter any such order.

If the Governor shall by Proclamation notify that any place, whether beyond or within New Zealand, is infected with any infectious or contagious disease highly dangerous to the health of the people, then immediately after such notification all vessels whatever arriving at any port or place in New Zealand from or having touched at any such place shall be liable to quarantine within the meaning of this Part of this Act in the manner hereinafter provided:

All vessels and boats receiving any person or thing whatsoever from or out of any vessel so coming from or having touched at any such infected place as aforesaid (whether such person of thing shall have come or been brought in such vessel, or such person shall have gone or have been put on board the same either before or after the arrival of such vessel at any place in New Zealand, and whether such vessel was or was not bound to any place in New Zealand).

All persons and things whatsoever on board of any vessel so coming from or having touched at such infected place as aforesaid, or on board of any such receiving vessels or boats as aforesaid.

The Governor is hereby authorized from time to time, as he thinks fit, to make vary alter or revoke regulations concerning quarantine and the prevention of infection, from the time of such vessels arriving within New Zealand, or within one league’s distance of the coast thereof, or from the time such persons or things shall have been received on board such receiving vessels or boats respectively. All such regulations shall be notified by Proclamation in the Gazette.

All such vessels and boats as aforesaid, and all persons (as well pilots as others), and all things, whether coming or brought in such vessels or boats from such infected place as aforesaid, or going or being put on board the same either before or after the arrival of such vessels or boats at any place in New Zealand, and all persons and things as aforesaid on hoard such receiving vessel or boat as aforesaid, shall, upon their arrival at any place in New Zealand, be obliged to perform quarantine in such places for such time and in such manner as shall be from time to time directed by the Governor and notified by Proclamation as aforesaid.

Until such vessels and boats persons and things as aforesaid shall have respectively performed and shall be duly discharged from quarantine, no such persons or things shall, either before or after the arrival of such vessels or boats at any place in New Zealand, come or be brought on shore, or go or be put on board any other vessel or boat in order to come or be brought on shore, in any such place (unless in such manner and in such cases and by such license as shall be directed or permitted by any such regulations made by the Governor as aforesaid).

All such vessels and boats, whether coming from such infected place as aforesaid or being otherwise liable to quarantine as aforesaid, and all persons (as well pilots as others) and things as aforesaid whether coming or brought in such vessels or boats or going or being put on board the same, either before or after the arrival of such vessels or boats at any place in New Zealand; and all masters or other persons having the charge or command of any such vessels or boats, whether coming from any infected place or being otherwise liable to quarantine as aforesaid, shall be subject to all the provisions rules regulations and restrictions contained in this Part of this Act, or in any regulations which shall be made by the Governor as aforesaid concerning quarantine and prevention of infection.

The Governor in Council may in any regulations made under the provisions of this Part of this Act attach a penalty not exceeding the sum of one hundred pounds, or a liability to imprisonment for any term not exceeding three months, to the disobedience of such Proclamation or breach of any of the regulations therein contained; and the person disobeying any such Proclamation or breaking any such regulation shall be punishable therefor as if such penalty or term of imprisonment provided as aforesaid had been provided by this Part of this Act as the punishment for the offence committed by such person.

The Governor may from time to time make such orders or regulations as shall be deemed expedient upon any unforeseen emergency, or in particular cases, with respect to any vessel arriving and having any such infectious or contagious disease on board, or on board of which any such infectious or contagious disease may have appeared in the course of the voyage, or arriving under any other alarming or suspicious circumstances as to infection or contagion, although such vessel shall not have arrived from any place from which the Governor may have declared it probable that any such infectious disease may be brought, and also with respect to the persons and things as aforesaid on board the same.

In case of any such infectious disease appearing or breaking out in New Zealand, the Governor may from time to time do any of the following things:—

All such orders and regulations so made as aforesaid under this and the last preceding section of this Act shall be as good valid and effectual to all intents and purposes, as well with respect to the master or other person having charge of any vessel and all other persons on board the same, as with respect to any other persons having any intercourse or communication with them, and to the penalties and punishments to which they may respectively become liable, as any order or regulations concerning quarantine made by the Governor and notified by Proclamation as aforesaid.

The Governor may from time to time, by any order notified by Proclamation in the Gazette, do all or any of the following things:—

Appoint certain stations or places within or near any harbour or place within New Zealand for the performance of quarantine under this Part of this Act, where all vessels liable to quarantine, and the crews passengers and persons on board thereof, shall perform the same.

Appoint lazarets and other places where the crews passengers and other persons and the things which shall or may be on board the said vessels shall be detained and kept for the performance of quarantine.

Appoint and remove Superintendents of such lazarets stations or places, and such other officers as may appear to him necessary for carrying out the provisions of this Part of this Act.

All persons liable to perform quarantine, and all persons having had any intercourse with them (whether in vessels or in a lazaret or elsewhere), shall be subject, during the time they are liable to quarantine, to such orders as they shall receive from the Superintendent of such station lazaret or place or his assistant; and the said officers are required to enforce all necessary obedience to the said orders, and in case of necessity to call in others to their assistance; and such officers shall compel all persons liable to quarantine, and persons having had any intercourse with them, to repair to such station lazaret or place.

If any person liable to perform quarantine, or if any person having had any intercourse with him, shall wilfully refuse or neglect to repair, when required by such officers or either of them, to the said station lazaret or place appointed, or, having been placed in the said station lazaret or place, shall escape or attempt to escape out of the same before quarantine duly performed, the said officers or either of them, and also the watchman and other persons appointed, may, by such necessary force as the case shall require, compel every person so refusing or neglecting as aforesaid, escaping or attempting to escape as aforesaid, to repair or return to such station lazaret or place, and every person so refusing or neglecting, and also every person actually escaping, shall forfeit a sum not exceeding two hundred pounds.

Every master or other person having the charge of any vessel on hoard whereof the cholera, small-pox, or other contagious or infectious disease highly dangerous to the health of the people shall actually be, shall at all times when such vessel shall be within one league of the coast of New Zealand hoist the signal hereinafter prescribed, that is to say,—

In the day-time the yellow quarantine flag of the international code of signals, at the main topmast head, or such other signal as shall from time to time be fixed by the Governor.

In the night-time the signal shall be a large signal lantern with a light therein, such as is commonly used on board Her Majesty’s ships of war, at the same mast-head, or such other signal as shall from time to time be fixed by the Governor.

Such master or other person shall keep such signal hoisted during such time as the said vessel shall continue within one league of the said coast, and until such vessel shall have arrived at the place where it is to perform quarantine, and until it shall have been legally discharged from the performance thereof.

On any breach of or failure to comply with the provisions of this section, such master or other person having the charge of such vessel shall forfeit for every such offence a sum not exceeding two hundred pounds.

Every master or other person having the charge of any vessel coming from parts beyond New Zealand shall give to the pilot who shall communicate with such vessel a written paper containing a true account of the name of the place and country at which such vessel shall have loaded, and also of all the places at which any such vessel shall have touched on the voyage to New Zealand, on pain of forfeiting a sum not exceeding one hundred pounds for any neglect or refusal to give such paper, or for any false representation or wilful omission therein.

If by any Proclamation made under this Act, and then in force, vessels coming from any place mentioned in any such paper shall be liable to the performance of quarantine, such pilot shall immediately give notice thereof to the master or other person aforesaid, on pain of forfeiting a sum not exceeding one hundred pounds for any neglect thereof.

Such master or other person shall thereupon hoist a proper signal, according to the provisions of this Part of this Act, and under the penalties in this Part of this Act provided for any neglect in respect of hoisting such signals.

If any pilot, being on board, or any master or other person having the charge of any vessel coming from places beyond or within New Zealand, whether such vessel be liable to quarantine or not, shall be required by any Health Officer or Officer of Customs to bring-to such vessel, to the end that such master or other person may be interrogated according to the provisions of this Part of this Act, and shall neglect or refuse to bring-to such vessel as soon as it can be done with safety, in obedience to such requisition, every such pilot master or other person as aforesaid shall for every such offence forfeit a sum not exceeding one hundred pounds.

The Governor may from time to time appoint for each port in New Zealand one or more person or persons to be Health Officer or Officers for such port, and may at any time remove such officer and appoint another in his place.

The master or other person (excepting the pilot) having the charge of any vessel arriving at any port or place in New Zealand shall have the following duties:—

He shall give to the Health Officer of the port at which such vessel shall arrive, either alongside or on board such vessel as such Health Officer may desire, a written paper containing a true account of the name or names of the place or places at which such vessel shall have loaded or shall have touched on the voyage to New Zealand, and of the health of the crew and passengers of such vessel during the voyage, and the cause of death of any person who shall have died on such voyage.

He shall also make true answers to the questions contained in the form provided by the Birst Schedule hereto, or in such other form as shall be prescribed from time to time by the Governor in that behalf and published in the Gazette.

He shall also truly answer orally, and either upon oath or not, upon call, accordingly as he shall be requested by such Health Officer, any questions which may be put to him touching all or any of the matters aforesaid by such Health Officer.

And if such master or other person in charge of such vessel as aforesaid shall refuse or omit to give such true account or answers, or shall answer falsely any of such questions either in writing or orally as aforesaid, he shall be liable to a penalty not exceeding two hundred pounds for any such refusal omission or false statement.

In all cases wherein by virtue of this Act any answer shall be taken or made upon oath, the Health Officer who shall take such answers shall be deemed to have full power to administer such oaths; and if any person who shall be interrogated or examined shall wilfully swear falsely to any matter concerning which such person shall depose or make oath in such answer, or if any person shall procure any other person so to do, such person shall be deemed to have been guilty of and shall be liable to be prosecuted for perjury or subornation of perjury, as the case may be, and shall suffer the pains penalties and punishment of the law in such case respectively made and provided.

Such master or other person in charge of such vessel as aforesaid shall permit the Health Officer, either alone or together with any medical practitioner accompanying him, to inspect any part of the vessel and all or any of the passengers or crew of such vessel.

Any master or other person in or in charge of such vessel refusing to permit such inspection, or obstructing the Health Officer therein, shall for every such offence be liable to a penalty not exceeding one hundred pounds.

If it shall appear to the Health Officer that such vessel is not liable to perform quarantine, he shall give to the master or other person in charge of such vessel as aforesaid a clean bill of health, in the form in the Second Schedule hereto, or in such other form as shall be from time to time prescribed in that behalf by the Governor and published in the Gazette.

If it shall appear by the written or other answers to questions, or by inspection as aforesaid, that such vessel shall have arrived from any place notified by the Governor as being infected as aforesaid, or if the Health Officer shall apprehend any danger to the public health from the immediate admission of such vessel to entry, by reason of there then being, or of there having been during the voyage, any infectious or contagious disease on such vessel, or of such vessel having touched at any place where any such disease shall have prevailed, or having communicated with any other vessel on board which any such disease may have existed, such vessel shall be liable to perform quarantine, and such Health Officer shall immediately notify the same to the master or other person in charge as aforesaid, under a penalty not exceeding one hundred pounds for any neglect therein.

The master or other person in charge as aforesaid shall immediately after such notice hoist a signal to denote that such vessel is liable to the performance of quarantine.

Such signal shall be, in the day-time, the yellow quarantine flag of the international code of signals, to be hoisted at the main topmast head, or such other signal as shall from time to time be fixed by the Governor.

In the night-time a large signal lantern with a light therein, such as is commonly used on board Her Majesty’s ships of war, at the same mast-head, or such other signal as shall from time to time be fixed by the Governor.

The master or other person in charge as aforesaid shall keep such signal hoisted until the time when such vessel shall be legally discharged from quarantine, and on any and every neglect therein shall incur a penalty not exceeding one hundred pounds.

If any pilot shall knowingly bring or cause to be brought or conducted any vessel liable to the performance of quarantine into any place not specially appointed for the reception of vessels so liable, unless compelled thereto by stress of weather adverse winds or accidents of the sea, he shall for every such offence forfeit a sum not exceeding two hundred pounds.

If any vessel shall arrive in any port or harbour of New Zealand where there is no Health Officer appointed for the purposes of this Part of this Act, and if during the voyage there shall have been or at the time of arrival there shall be on board such vessel any infectious or contagious disease, or if such vessel shall have sailed from or touched at any place during the voyage where any such disease shall have prevailed, or shall have communicated with any other vessel on board which any such disease may have existed, and if any legally qualified medical practitioner or the surgeon or medical officer of such vessel shall certify in writing that danger may reasonably be apprehended to the public health from the immediate admission of such vessel to entry, any two Justices may, by writing under their hands, order such vessel into quarantine.

Every such vessel so placed in quarantine, with the contents thereof, and every person on board (whether such person shall belong to or shall have come as a passenger by such vessel or shall have gone on board her after her arrival at any place in New Zealand), shall be subject to the same laws rules and penalties in all respects as are in force with respect to vessels persons and things placed in quarantine under the provisions of these regulations, until released thereunder or by an order under the hands of the Justices making such first-mentioned order.

Any Justices making such order as aforesaid imposing quarantine, and any Health Officer ordering any vessel into quarantine as aforesaid, shall forthwith report the fact that such order has been made to the Colonial Secretary and to the Central Board constituted under the First Part of this Act, in order that further measures may if necessary be taken, according to law, for the continuance of such vessel in quarantine or the release thereof.

Every master or other person having charge of any vessel which shall be liable to perform quarantine as aforesaid shall forthwith, after his arrival at the station or place appointed for the performance of quarantine, deliver on demand to the Superintendent of such Station or place (and who is hereby required to make such demand) his bill of health and manifest, together with his log-book and journal, under pain of forfeiting a sum not exceeding one hundred pounds if he shall wilfully refuse or neglect to do so.

If any master or other person being in charge of any vessel liable to perform quarantine shall do any of the following things:—

Himself quit or shall knowingly permit or suffer any person to quit such vessel, by going on shore or by going on board any other vessel before such quarantine shall be fully performed (unless by such license as shall be granted by virtue of any orders or regulations made by the Governor as aforesaid);

Shall not within a convenient time after due notice given for that purpose cause such vessel and the lading thereof to be conveyed into the place appointed for such vessel and lading to perform quarantine,—

then and in every such case every such master or person for every such offence shall forfeit and pay a sum not exceeding four hundred pounds.

If any person coming in any such vessel liable to quarantine (or any pilot or other person going on board the same, either before or after the arrival of such vessel at any place within New Zealand) shall either before or after such arrival quit such vessel (unless by such license as aforesaid) by going on shore, or by going on board any other vessel or boat with intent to go on shore as aforesaid, before such vessel so liable to quarantine as aforesaid shall be regularly discharged from the performance thereof, any person whosoever may by any kind of necessary force compel such pilot or other person so quitting such vessel to return on board the same; and every such pilot or other person so quitting such vessel shall for every such offence suffer imprisonment for the space of six months, and shall forfeit a sum not exceeding three hundred pounds.

Any person may seize and apprehend any person that shall, contrary to the provisions of this Act or any regulations or order made hereunder, have quitted or come on shore from any vessel liable to perform quarantine, or who shall have escaped from or quitted any vessel under quarantine, or from any lazaret vessel or place appointed in that behalf, for the purpose of carrying such person before any Justice.

Any such Justice may grant his warrant for the apprehending and conveying of any such person to the vessel from which he shall have come on shore, or to any vessel performing quarantine or lazaret from which he shall have escaped, or for confining any such person in any such place of safe custody (not being a public gaol), and under such restrictions as to having communication with any other persons as may to such Justice appear proper, until such person can safely and securely be conveyed to some place appointed for the performance of quarantine, or until directions can be obtained from the Governor as to the disposal of any such person, and may make any further order that may be necessary in that behalf.

The Governor, by Proclamation published in the Gazette, may prohibit all persons vessels and boats whatsoever from going, under any pretence whatsoever, within the limits of any station which, by any order of the Governor as aforesaid, has been or may be assigned for the performance of quarantine.

If any person whosoever to whom it shall appertain to execute or carry out any order or regulation made or to be made concerning quarantine, and notified as aforesaid, or to see the same put in execution, shall knowingly and wilfully be guilty of any breach or neglect of his duty in respect of the vessels persons or things performing quarantine, every person so offending shall forfeit and pay a sum not exceeding two hundred pounds.

If any such person shall desert from his duty when employed as aforesaid, or shall knowingly and willingly permit any person vessel or thing to depart or be conveyed out of the said lazaret vessel or other place as aforesaid, unless by permission under the order of the Governor, or if any person hereby authorized and directed to give a certificate of a vessel having duly performed quarantine or airing shall knowingly give a false certificate thereof, every such person so offending shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding ten years.

And if any such person shall knowingly or wilfully damage any goods performing quarantine under his direction, he shall be liable to pay not exceeding one hundred pounds damages, and costs of suit to the owner of the same.

After quarantine shall have been duly performed by any vessel or person obliged to perform quarantine as aforesaid, according to these regulations and to any regulations or order made as aforesaid, the Superintendent of the station or place at which such quarantine shall have been performed shall give a certificate thereof under his hand, and, upon the same being approved and allowed by the Governor or by the Colonial Secretary, every such vessel and all and every such person so having performed quarantine shall be liable to no further restraint or detention upon the same account for which such vessel or person shall have performed quarantine as aforesaid.

All things liable to quarantine as aforesaid shall be opened and aired in such place and for such time and in such manner as shall be directed by the Governor by any such order or regulations to be made as aforesaid; and after such order or regulations shall have been duly complied with, then and in every such case the person in charge of the lazaret or vessel or other place in which the things shall have been opened and aired shall grant a certificate to such effect under his hand; and upon the same being approved and allowed by the Governor, then such things shall be liable to no further restraint or detention, either at the place where such quarantine shall have been performed or at any other place within New Zealand whereto they may be afterwards conveyed.

If any person shall knowingly or wilfully forge or counterfeit interline erase or alter, or procure to be forged or counterfeited interlined erased or altered, any certificate directed or required to be granted by any order or regulations of the Governor hereafter to be made touching quarantine, or shall publish any such forged or counterfeited interlined erased or altered certificate knowing the same to be forged or counterfeited interlined erased or altered, or shall knowingly and wilfully utter and publish any such certificate with intent to obtain the effect of a true certificate to be given thereto, knowing the contents of such certificate to be false, he shall be guilty of felony, and, being convicted thereof, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

If any person shall land or unship, or shall move in order to the landing or unshipping thereof, anything from on board any vessel liable to perform quarantine as aforesaid, or shall knowingly receive the same after it has been so landed or unshipped, every such person shall forfeit and pay a sum not exceeding five hundred pounds; and if any person shall clandestinely convey, or secrete or conceal for the purpose of conveying, anything from any vessel actually performing quarantine, or from the lazaret or other place where such thing shall be performing quarantine, every person so offending as last aforesaid shall forfeit a sum not exceeding one hundred pounds.

The Superintendent of the station or place at which any vessel which is liable to perform quarantine is, shall have power to prescribe all measures necessary for cleansing purifying and disinfecting any such vessel in quarantine, and the passengers and crew thereof, and the goods wares and merchandise therein, and, if necessary, to order the destruction of any clothing or materials which cannot be cleansed purified or disinfected.

During the detention of the crew or passengers of any vessel in quarantine, whether on board or on shore, the master of such vessel shall provide and supply provisions for the said crew and passengers on the same scale as during the voyage.

If he shall omit so to do, the same may be supplied by the Superintendent of Quarantine at the station at which such vessel is, and be recovered by him as a debt due from the master or owner of the vessel or both; and the master shall be liable to a penalty of not exceeding one hundred pounds for his neglect, and the said debt shall be a charge on the ship.

During the period any vessel may be in quarantine, the Superintendent of Quarantine at the station or place where such vessel is, and the Health Officer of the port at which such vessel is, or either of such officers, may visit her alongside from time to time, and institute such regulations and give such orders and directions as the nature of the case may demand.

The master or other person in charge of the vessel shall carry such regulations orders and directions into effect, and, if such master or other person neglect so to do, he shall be liable to a penalty of not exceeding one hundred pounds.

It shall not be lawful for any person other than an officer of Customs or a Health Officer appointed under this Act to lay any information or complaint or to prosecute any indictment for any offence committed against the provisions of this Part of this Act, or any regulations made hereunder, except with the consent of the Colonial Secretary.

All proceedings under this Part of this Act, or any regulations to be made hereunder, except with regard to offences declared by this Part of this Act to be felony, shall be heard and determined before two Justices, in the manner provided by “The Justices of the Peace Act, 1866:” and all penalties by this Part of this Act or any such regulation imposed shall and may be recovered in like manner before any two or more Justices of the Peace.

Where any penalty shall be incurred under any of the provisions of this Part of this Act, two-thirds of such penalty shall belong to the informer.

No action suit or other proceeding shall be brought against any person for any matter or thing done in pursuance of this Part of this Act but within six months after such matter or thing shall have been done; and if any action suit or other proceeding shall be brought or prosecuted against any person for anything done in pursuance of this Part of this Act, the defendant in every such action suit or other proceeding may plead a general denial, and may give this Act and the special matter in evidence in any trial to be had thereupon.

In any prosecution suit or other proceeding under this Part of this Act against any person for any offence against this Act, or any order or regulations of the Governor or his delegate made thereunder, the statements or answers made by the master or other person in charge of any vessel arriving in New Zealand (other than the pilot) to the Health Officer shall be received as evidence, so far as the same relate to the place from which such vessel shall arrive or come, or to the places at which such vessel touched in the course of the voyage.

And where any vessel shall have been directed to perform quarantine by any person authorized under this Act to do so, such direction shall be received as evidence that such vessel was liable to quarantine, unless satisfactory proof shall be produced by the defendant in any such prosecution suit or other proceeding to show that the vessel did not arrive from or touch at any such place as is mentioned in the said statement or answer, or that such vessel, although directed to perform quarantine, was not liable to the performance thereof.

And where any vessel shall have been in fact put under quarantine at any place, and shall be actually performing quarantine, such vessel shall in any prosecution suit or other proceeding against any person for any offence against this Part of this Act, or any regulation or order of the Governor or his delegate made hereunder, be deemed and taken to be liable to quarantine without proving in what manner or from what circumstance such liability arose.

In this Part of this Act the words and expressions following shall have the meanings hereafter respectively attached to them, that is to say,—

The Colonial Secretary shall at all times cause to be kept, at such places as the Governor shall from time to time appoint, an adequate supply of pure vaccine lymph, for the purpose of furnishing on application and without payment to Public Vaccinators under this Act, and to legally-qualified medical practitioners, such reasonable quantities of such lymph as by any such Vaccinators or practitioners may be required. The expense of providing, keeping, and supplying such vaccine lymph shall be defrayed out of moneys to be appropriated for the purposes of this Act by the General Assembly.

The Governor may from time to time divide New Zealand, or such part thereof as he shall think fit, into convenient districts for affording increased facilities for vaccination, and from time to time alter the boundaries of any such districts heretofore formed or hereafter to be formed, and shall from time to time appoint a convenient place or places in each such district for the performance of such vaccination, and shall take the most effectual means for giving from time to time, to all persons resident within such district, due notice of the days and hours at which a Public Vaccinator, to be by the Governor appointed, will attend at such place to vaccinate all persons not already successfully vaccinated who may then appear there, and also of the days and hours at which such Public Vaccinator will attend at such place to inspect the progress of such vaccination in the persons so vaccinated.

The Governor may appoint for each district constituted in any part of the colony one or more persons for the performance of vaccination of persons resident within such district, and every such person shall be termed a Public Vaccinator of the district; and also such other person or persons as he may think fit, to enforce in such district the provisions of this Part of this Act, and every such person so appointed to enforce the provisions of this Act shall be termed a Vaccination Inspector of such district; and the Governor may from time to time remove any such Public Vaccinator or Vaccination Inspector and appoint another instead.

Every Public Vaccinator and Vaccination Inspector shall be paid, out of moneys to be appropriated by the General Assembly for the purpose, such annual salary or fees as the Governor shall from time to time appoint.

The Governor may from time to time issue regulations providing for the vaccination and re-vaccination of persons gratuitously by Public Vaccinators, and Public Vaccinators shall be paid in respect of such vaccination or re-vaccination such fees as the Governor shall from time to time fix, not exceeding those fixed for primary vaccination.

Such fees shall be paid out of moneys appropriated for the purposes of this Part of this Act by the General Assembly.

Where the operation of vaccinating or re-vaccinating any person is performed on the application of such person by the Public Vaccinator without charge to such person, the Public Vaccinator shall deliver to such person a notice requiring him to attend at the same place on the same day in the following week, in order that he may be inspected and the result of the operation ascertained, and stating that in default he will be liable as in this section mentioned; and the Public Vaccinator, if required, shall deliver to the person vaccinated or re-vaccinated a certificate of the result of the operation of vaccination or re-vaccination.

If such person fail to comply with such notice, or to permit the Public Vaccinator or his deputy to ascertain the result of the operation, he shall pay a fee for such vaccination or re-vaccination of five shillings, which fee shall be a debt due from him to the Vaccination Inspector of the district for which such Public Vaccinator acts, and be accounted for by him to the Colonial Treasurer. This and the last preceding section of this Part of this Act shall not apply to the vaccination of children under fourteen years of age.

The masters or other persons in charge of reformatories and industrial schools, lunatic asylums and other places where the poor or sick are received, and keepers or gaolers of prisons, shall, at the expense of their respective establishments or institutions, cause all inmates thereof to be vaccinated immediately upon their entrance thereto, unless they produce sufficient evidence of previous successful vaccination within five years, if such vaccination shall not in the opinion of a duly qualified medical man be attended with danger to such person:

Provided that the Governor is hereby empowered, by Proclamation in the Gazette, to declare from time to time an age after which vaccination or re-vaccination under this clause shall not be compulsory:

Provided also that the obligation to be vaccinated or re-vaccinated under this clause shall not apply to lunatic ayslums or hospitals in any case in which the medical officer of the institution shall consider it inexpedient.

Any person who shall be a legally qualified medical practitioner shall be qualified to be appointed a Public Vaccinator.

And the Governor may from time to time appoint for each district constituted under this part of this Act, or for several of such districts of the colony, a medical practitioner to be a Certifying Officer for the purposes hereinafter mentioned; and any person not being a legally qualified medical practitioner, and whether such person shall hold any degree or diploma in medicine or surgery or not, whom any such Certifying Officer shall certify to be a competent and proper person to be appointed a Public Vaccinator, shall be deemed qualified to be so appointed.

And for such certificate there shall, on the appointment of any person so certified to be a Public Vaccinator, be paid, out of the moneys to be appropriated for the purposes of this Act by the General Assembly, such fee not exceeding three pounds as the Governor shall from time to time determine.

The Registrar in every district shall, on or within seven days after the registration with him of the birth of any child not already vaccinated, give a notice, in the form in the Third Schedule to this Act or to the like effect, to the parent, or, in the event of the death illness absence or inability of the parent, to the person having the custody of such child, if known to him, requiring such child to be duly vaccinated according to the provisions of this Part of this Act, and specifying the days hours and places where the Public Vaccinator of the district wherein such child resides will attend for the purpose of performing the operation.

To every such notice there shall be attached copies of the forms given in the Fourth, Fifth, and Sixth Schedules hereto, and also the address of the Registrar, giving such notice in such form as the Registrar-General of Births shall deem most convenient.

The parent of every child born in New Zealand shall, within six calendar months after the birth of such child, or where, by reason of the death illness absence or inability of the parent or other cause, any other person shall have the custody of such child, such person shall, within six months after receiving the custody of such child, take or cause to be taken such child to the Public Vaccinator appointed for the district within which the said child is resident, for the purpose of being vaccinated, or shall, within such period as aforesaid, cause it to be vaccinated by some medical practitioner.

The Public Vaccinator so appointed to whom such child shall be so brought is hereby required, with all reasonable despatch, subject to the conditions hereinafter mentioned, to vaccinate such child without fee or reward other than such salary or fees appointed by the Governor as aforesaid.

Upon the same day in the following week when the operation shall have been performed by the Public Vaccinator, and between the hours of eleven o’clock before noon and three o’clock in the afternoon, the parent or other person, as the case may be, shall again take the child or cause it to be taken to the Public Vaccinator by whom the operation was performed, in order that such Public Vaccinator may inspect it and ascertain by inspection the result of such operation, and if he sees fit take from such child lymph for the performance of other vaccinations; and in the event of the vaccination being unsuccessful, such parent or other person shall, if the Public Vaccinator so direct, cause the child to be forthwith again vaccinated and subsequently inspected as on the previous occasion.

If any Public Vaccinator or medical practitioner shall be of opinion that the child is not in a fit or proper state to be successfully vaccinated, he shall give to the parent or other person having the custody of such child a certificate under his hand, in the form in the Fourth Schedule to this Act or to the like effect, which certificate shall remain in force for the period of two months from the date thereof, and the production thereof shall for such period be a sufficient defence against, any complaint which shall be brought for non-compliance in respect of such child with the provisions of this Act.

Such certificate shall be renewable for successive periods of two months, until a Public Vaccinator or medical practitioner shall deem the child to be in a fit state for successful vaccination, when the child shall with all reasonable despatch be vaccinated, and the certificate of successful vaccination, in the form in the Sixth Schedule to this Act, if warranted by the result, shall be given.

At or before the end of each successive period the parent or such person as aforesaid shall take or cause the child to be taken to some Public Vaccinator or medical practitioner, who shall then examine the child and give the certificate in the form contained in the Fourth Schedule to this Act, so long as he deems requisite under the circumstances of the case.

If any Public Vaccinator or medical practitioner shall be of opinion that any child whom he has three times unsuccessfully vaccinated is insusceptible of successful vaccination, or that a child brought to him for vaccination has already had the small-pox, he shall deliver to the parent of such child or other person as aforesaid a certificate under his hand, according to the form in the Fifth Schedule to this Act, and the parent or such person as aforesaid shall thenceforth not be required to cause the child to be vaccinated.

A duplicate of every certificate given under this Act of a child being unfit for or insusceptible of successful vaccination shall, within twenty-one days after the examination of the child upon which such certificate is founded, be transmitted by the Public Vaccinator or medical practitioner giving the same to the Vaccination Inspector of the district within which such child resides.

Every Public Vaccinator who shall have performed the operation of vaccination upon any child, and have ascertained that the same is successful, shall, within twenty-one days after the performance of the operation, transmit by post or otherwise a certificate under his hand, according to the form in the Sixth Schedule to this Act annexed or the like effect, certifying that the said child has been successfully vaccinated, to the Vaccination Inspector of the district within which the operation shall have been performed, and shall deliver a duplicate thereof to the parent or other person aforesaid.

Where the vaccination shall be successfully performed by a medical practitioner not being a Public Vaccinator appointed under this Act, such medical practitioner shall, as soon as he has ascertained that the operation has been successfully performed, deliver to the parent or other person causing the child to be vaccinated a certificate according to the form in the Sixth Schedule to this Act.

Such parent or other person shall, within twenty-one days after the performance of the operation, transmit the same so signed, by post or otherwise, to the Vaccination Inspector of the district where the birth of such child was registered, or, if the birth of such child shall not have been registered or the district of the registration shall not be known to such parent or other person, to the Registrar of the district in which the operation shall have been performed.

The Registrar in every district shall keep a book in which he shall enter minutes of the notices of vaccination given by him as herein required.

The Vaccination Inspector of every district shall keep a book in which he shall register the certificates transmitted to him under this Act.

Every Registrar and Vaccination Inspector shall at all reasonable times allow searches to be made in his register, and upon demand give a copy certified under his hand of any entry in the same, on payment of a fee of sixpence for each search and threepence for each copy of an entry.

But no fee shall be charged for any search made by a Public Vaccinator or Vaccination Inspector appointed under this Act in the course of his official duty.

Every parent or person having the custody of any child, who shall neglect to take such child or cause it to be taken to be vaccinated, or after vaccination to be inspected, according to the provisions in this Act respectively contained, or who shall refuse to permit the Public Vaccinator to remove or retain a reasonable quantity of vaccine lymph from the arm of such child according to the provisions of this Part of this Act, and shall not in any of the said cases render a reasonable excuse for such neglect, shall be guilty of an offence, and be liable on conviction to pay a penalty not exceeding forty shillings.

Every Public Vaccinator, medical practitioner, or other person, as the case may be, who shall neglect to transmit any certificate or duplicate of a certificate required by this Act to be by him transmitted, completely filled up and legibly written to the Vaccination Inspector within the time herein specified, and every Public Vaccinator and medical practitioner who shall refuse to deliver on request to the parent or other person as aforesaid any certificate or duplicate of a certificate required of him by this Act, shall be liable to pay a penalty not exceeding forty shillings.

And when a person is charged with the offence of neglecting to take or cause to be taken any child to be vaccinated, and on the defence made by such person it appears to the Justices having cognizance of the case that such person is not guilty of such offence, but has been guilty of the offence of not transmitting any certificate required by this Part of this Act with respect to the vaccination of such child, the Justices may convict such persons of the last-mentioned offence in like manner as if he had been charged therewith.

Every person who shall wilfully sign a false certificate or duplicate under tins Act shall be guilty of a misdemeanour, and shall be liable on conviction thereof to pay a penalty not exceeding twenty pounds, or to be imprisoned for any term not exceeding six months.

It shall be lawful for any Registrar, or for any Public Vaccinator, or for any Vaccination Inspector, and such officer last aforesaid is hereby required to cause a notice in the form in the Seventh Schedule to this Act to be handed to the parent or other person having the custody of any unvaccinated child over the age of six months and under the age of fourteen years resident within his district.

If after such notice such parent or other person, as the case may be, shall neglect, for a period of one month, to cause such child to be vaccinated, such parent or person so offending shall forfeit a sum not exceeding forty shillings.

If any Registrar, Public Vaccinator, or any Vaccination Inspector shall give information in writing to a Justice of the Peace that he has reason to believe that any child under the age of fourteen years, being within the jurisdiction of such Justice, has not been successfully vaccinated, and that notice has been given to the parent or person having the custody of such child to procure its being vaccinated, and that this notice has been disregarded, the Justice may summon such parent or person to appear with the child before him at a certain time and place, and upon the appearance, if the Justice shall find, after such examination as he shall deem necessary, that the child has not been vaccinated, nor has already had the smallpox, he may, if he see fit, make an order under his hand directing such child to be vaccinated within a certain time.

If at the expiration of such time the child shall not have been so vaccinated, or shall not be shown to be then unfit to be vaccinated or to be insusceptible of vaccination, the person upon whom such order shall have been made shall be proceeded against summarily, and unless he can show some reasonable ground for his omission to carry the order into effect, shall be liable to pay a penalty not exceeding forty shillings.

The Registrar-General shall frame and provide such books forms and regulations as he may deem requisite for carrying into full effect the provisions of this Act, and shall transmit the same to Registrars, who shall retain such as relate to themselves, and distribute among Public Vaccinators appointed under this Act such as relate to them, without fee or reward.

Every Registrar of Births and Deaths for any place shall, when and as he may be directed, transmit by post or otherwise to each Vaccination Inspector whose district is wholly or partly comprised in such place, a return, certified under the hand of the Registrar to be a true return, of all births and of all deaths of infants under twelve months of age which have, since the date of the last return (or in the case of the first return, since the passing of this Act), been registered by such Registrar as having occurred in the district of the Vaccination Inspector to whom the return is sent.

The returns under this section shall be made at such times and in such form, and contain such particulars, as may be from time to time prescribed by the Registrar-General of Births and Deaths.

Any person who after the passing of this Act shall produce or attempt to produce in any person, by inoculation with variolous matter, or by wilful exposure to variolous matter or to any matter article or thing impregnated with variolous matter, or wilfully by any other means whatsoever produce the disease of small-pox in any person, or any person who shall use vaccine lymph not produced or formed in the manner defined in this Part of this Act, shall be guilty of an offence, and shall be liable to be proceeded against summarily, and upon conviction to pay a penalty not exceeding ten pounds or to be imprisoned for any term not exceeding one month.

In any prosecution for neglect to procure the vaccination-of a child, it shall not be necessary in support thereof to prove that the defendant had received from the Registrar or any other officer any notice by this Act directed to be given, or any other notice of the requirements of the law in this respect.

But if the defendant produce any of the said certificates hereinbefore described, or shall produce the register kept by the Registrar in which the certificate of successful vaccination of such child shall be duly entered as hereinbefore provided, or if the arm or arms of the child shall show such marks as shall be certified by any duly qualified medical practitioner to be satisfactory proof of successful vaccination, the same shall respectively be a sufficient defence for him, except in regard to the certificate required by the one hundred and forty-fourth section of this Act, when the time therein specified for the postponement of the vaccination shall have expired before the time when the information shall have been laid.

No fee or remuneration shall be charged demanded or received by the Public Vaccinator to of or from the parent or other person for any such certificate as aforesaid given by him as Public Vaccinator, nor except such salary or fees appointed by the Governor as aforesaid for any vaccination or re-vaccination done by him within the district for which he is appointed, or to any child resident within such district, whether such vaccination or re-vaccination shall be done within or without his district.

All penalties by this Part of this Act imposed shall be recoverable upon the information or complaint of any Registrar or any Public Vaccinator appointed as aforesaid, or any Vaccination Inspector appointed as aforesaid, and may be recovered in a summary way before any two or more Justices of the Peace in the manner provided by “The Justices of the Peace Act, 1866,” so far as it relates to summary convictions.

Any such information or complaint may be laid or made at any time within twelve months from the time when the matter of such complaint or information arose, and not subsequently.

The defendant in any proceedings under this Part of this Act may appear by any member of his family, or any person authorized by him in this behalf, being in either case a person not under eighteen years of age.

When any parent of a child fails to produce such child when required so to do by any summons under this Part of this Act, such parent shall be liable, on summary conviction, to a penalty not exceeding twenty shillings.

No person shall be appointed to any office in the public service who has not been vaccinated.

Every child admitted to any school which shall be maintained in whole or in part by grant, or from rates, or any public funds, or by any endowments, whether colonial, provincial, municipal, or district, shall be vaccinated by a Public Vaccinator, unless such child shall have been previously vaccinated.

In the case of persons above the age of sixteen, the examination shall be conducted by a legally qualified medical practitioner, and the person, if necessary, be vaccinated by him.