For the purposes of this Act there is hereby constituted a Department of Public Health, being the same Department as is constituted by “The Public Health Act, 1900.”

The general administration of this Act and of the Department shall be under the control of a Minister of the Crown, to be called the Minister of Public Health. .

The Minister shall be appointed by the Governor from the members of the Executive Council.

For the purposes of this Act the Governor may from time to time divide New Zealand or any part thereof into health districts, with such names and boundaries as he thinks fit.

The boundaries of each health district shall be fixed by reference to the boundaries of the counties or boroughs comprised therein, and shall vary with any alteration in such last-mentioned boundaries.

In no case shall a health district comprise less than the whole of any county or borough.

On the recommendation of the Chief Health Officer, and after considering any representations made by the local authorities concerned, the Governor may for the purposes of this Act, by Order in Council gazetted, and upon such terms and conditions as he thinks fit to specify, combine any two or more contiguous districts into one district, and either—

1902, No. 60, sec. 5

and every such Order in Council shall have full effect.

For the purposes of this Act the Governor may from time to time appoint a fit person to be Chief Health Officer, and also fit persons to be District Health Officers, and with respect to each such officer the following provisions shall apply:—

The Governor may also from time to time appoint such Inspectors and other officers as he thinks fit, and may define their functions and duties.

The Chief Health Officer shall have all the functions of a District Health Officer, and may exercise them in any part of New Zealand.

Each District Health Officer, Inspector, or other officer appointed under this Act shall perform his functions and duties within such health district as the Minister from time to time directs, and the fact of his performing them or any of them within any specified health district shall be sufficient evidence of his authority to do so.

Each such officer shall be subject to the control of the Chief Health Officer.

The Governor may from time to time, by notice in the Gazette, declare any disease (other than any of the infectious diseases specifically mentioned in section two hereof) to be an infectious disease, or any infectious disease to be a dangerous infectious disease, within the meaning of this Act; and in such case, and so long ad the Gazette notice remains unrevoked, the disease specified therein shall be deemed to be an infectious disease or a dangerous infectious disease accordingly.

For the purpose of preventing or checking the spread of infectious disease the Governor may from time to time, as he thinks fit, make regulations—

and may by such regulations impose fines not exceeding fifty pounds for any breach of the regulations.

With respect to such regulations the following provisions shall apply:—

In order to check or prevent the spread of any dangerous infectious disease the District Health Officer may from time to time, as he thinks fit, exercise the following powers:—

With respect to every such report the following provisions shall apply:—

In cases of special emergency (whereof he shall be the sole judge) the District Health Officer may, without any prior report or recommendation as aforesaid, himself exercise, at the expense in all things of the local authority, any function or power which might lawfully be exercised by the local authority for the purpose of doing anything to prevent or check the spread of any dangerous infectious disease:

Provided that the District Health Officer shall not act under this section without the approval of the Minister.

Irrespective of his functions and powers under the two last preceding sections, the District Health Officer may from time to time, if authorised by the Governor, exercise the following special powers within or with respect to a health district or any part thereof for the purpose of more effectually checking or preventing the spread of any dangerous infectious disease:—

In the exercise of his functions and powers under the last preceding section the District Health Officer may employ Inspectors and workmen, and shall be entitled to the co-operation and assistance of all Magistrates, Justices, members of the Police Force, and officers of Customs, and they are hereby enjoined to co-operate and assist accordingly.

Every person who in any way, directly or indirectly, by act or default,—

commits an offence, and shall be liable to a fine not exceeding fifty pounds, and in the case of a continuing offence to a further fine not exceeding fifty pounds for every day on which the offence is continued after the first day.

If the offence consists of not doing any sanitary work or remedying any sanitary defect, then, irrespective of the fine to which the offender is liable, the District Health Officer may himself cause the work to be done or the defect to be remedied at the expense in all things of the offender.

All such expenses shall by force of this Act be deemed to be a charge on the land in respect of which they have been incurred.

All such expenses, as also all fines under the last preceding section, shall be recoverable in a summary manner by the District Health Officer or any person authorised by him.

For the purposes of the foregoing provisions of this Act the District Health Officer and any Inspector may at any time, with or without assistants,—

In no case shall the District Health Officer, or any Inspector or assistant, incur any personal liability by reason of anything lawfully done by him under the powers conferred by this Act.

In every case where, under the foregoing provisions or powers of this Act, any building, animal, or thing is destroyed by direction of the District Health Officer the owner shall be entitled to compensation to the extent and subject to the conditions following, that is to say:—

Where in any house any person is found to be sick of any infectious disease, or of any sickness the symptoms of which raise a reasonable suspicion that it may be an infectious disease, the following provisions shall apply:—

Where the occupier of a house is himself sick of any infectious disease, or of any sickness the symptoms of which raise a reasonable suspicion that it may be an infectious disease, the notice required to be given by the occupier of the house to the District Health Officer and to the local authority as aforesaid shall be given by the person for the time being in charge of the house.

Every person who fails to comply with this section is liable to a fine not exceeding five pounds.

Where a local authority has reason to suspect that any infectious disease exists in any premises and no notice thereof has been given to the local authority as aforesaid, it may authorise any medical practitioner to visit the suspected premises and report thereon.

If the medical practitioner finds that infectious disease does exist in such premises, the local authority shall take such steps under the two next succeeding sections as it deems necessary to prevent the spread of the infectious disease.

All costs and expenses incurred by the local authority under this section shall (where the neglect to give notice was wilful) be paid by the owner and occupier of the premises (excepting the medical practitioner’s fee, which shall be payable by the occupier) in every case where an infectious disease is found to exist and no notice as aforesaid has been given, and such costs and expenses may be recovered by the local authority accordingly.

For the purposes of this section the medical practitioner shall be deemed to be an officer of the local authority.

Whenever, of his own motion or on the report of an Inspector or any other person, the District Health Officer is of opinion that the cleansing or disinfecting of any house or building, or of any articles therein, or of any outbuilding, yard, drain, sewer, privy, or other appurtenance belonging to or connected therewith, would tend to prevent or [check infectious disease, the following provisions shall apply:—

The local authority of a district may from time to time do any of the following things, that is to say:—

For the purposes of the last preceding section the following provisions shall apply:—

Provided that the local authority shall be entitled to recover from the owner the reasonable cost of disinfecting infected premises and things.

Where a local authority fails within a reasonable time, to carry out any work mentioned in section twenty-nine or thirty hereof that is required by the District Health Officer to be done, or to carry out any such work to the satisfaction of the District Health Officer, he shall report such failure to the Minister, whereupon the following provisions shall apply:—

Where compensation is claimed under section twenty-nine hereof, it shall be payable subject to the same conditions as arc prescribed by section twenty-four hereof, and the last-mentioned section shall, mutatis mutandis, apply to the payment of compensation under the said section twenty-nine.

On the order of the District Health Officer or an Inspector any person who is suffering from any infectious disease may be removed to any hospital available for the reception and treatment of persons suffering from such disease; and with respect to such order the following provisions shall apply:—

Every person who,—

is liable to a fine not exceeding ten pounds for each offence; and if the offence relates to a li vehicle, then the convicting Court shall also order the defendant (being other than the owner, driver, or conductor) to pay to the owner of the vehicle the expenses incurred in effectually disinfecting the vehicle.

Before knowingly allowing any person who is suffering as aforesaid to enter a public vehicle the owner, driver, or conductor thereof—

If the owner, driver, or conductor of a public vehicle fails or neglects to faithfully comply with paragraph (a) of this section he shall be liable to a fine not exceeding ten pounds.

Every person is liable to a fine not exceeding twenty pounds who—

For the purposes of this section the keeper of an inn or lodginghouse shall be deemed to let for hire part of a house to any person admitted as a guest or lodger into the inn or lodginghouse.

A Hospital Board or District Board constituted under “The Hospitals and Charitable Institutions Act, 1908,” may from time to time of its own motion, and shall whenever the Chief Health Officer certifies that it is necessary so to do, provide, equip, and maintain hospitals suitable and sufficient for the reception and treatment of the sick or of persons who have been in contact with infected persons.

With respect to such hospitals the following provisions shall apply:—

1900, No. 25. sec. 38 1903, No. 82, sec. 4 1904 No. 37. sec. 4

The works authorised or required to be done by the Board under the last preceding section shall in every case be done to the satisfaction of the District Health Officer and in conformity with his recommendations.

Where any Hospital Board or District Board as aforesaid fails within a reasonable time to provide, equip, or maintain any such hospital that is certified by the Chief Health Officer to be necessary, the Chief Health Officer may himself cause to be done such things as are necessary in order to carry the provisions of section thirty-seven hereof into effect, and the cost of so doing may be recovered by him from the Board as a debt due to the Crown, and failing recovery from such Board may in like manner be recovered from the contributory local authorities.

In any case in which the Chief Health Officer, in exercise of the powers conferred upon him by section thirty-seven hereof, requires any Hospital Board or District Board to provide a hospital for infectious diseases, it shall be lawful for the said Board, with the consent of the Chief Health Officer, to agree with the trustees of any hospital which is a separate institution, and is situated within the district of such Board, that the said hospital for infectious diseases shall be provided, equipped, and maintained by the said trustees instead of by the said Board; and it shall thereupon be lawful for the said trustees to provide, equip, and maintain the said hospital accordingly on any land vested in them as such trustees.

Any such agreement shall remain in force until it is cancelled by either of the parties thereto with the consent of the Chief Health Officer.

The cost of providing, equipping, and maintaining such hospital by the said trustees shall be paid by and apportioned between local authorities in the same manner in all respects as if such hospital were provided, equipped, and maintained by the Hospital Board or District Board instead of by the said trustees, and the moneys so payable by the local authorities shall be paid by them to the Hospital Board or District Board to the use of the said trustees.

This section applies to any requisition made as aforesaid by the Chief Health Officer, whether before or after the coming into operation of this Act.

In respect of any agreement between local authorities or any order of a Magistrate, whether made before or after the coming into operation of this Act, for the apportionment of the cost of providing and maintaining a hospital for infectious diseases under the provisions of section thirty-seven hereof, the following provisions shall apply:—

When a Hospital Board or District Board is required, by the Chief Health Officer, in accordance with this Act, to provide a hospital for infectious diseases, the said Hospital Board or District Board may acquire either by purchase or exchange, or may take under “The Public Works Act, 1908,” any land suitable for the purpose, or may use for the purpose of such |hospital any land already vested in the said Hospital Board or District Board.

It shall be the duty of the Board to receive into any such hospital any person suffering from any infectious disease when so directed by the District Health Officer.

Where such person is resident in a district whose local authority does not contribute under section thirty-seven hereof towards the cost of the hospital, the Board may charge such local authority with the cost of the maintenance of and attendance on such person at a rate of two pounds a week, or such sum in addition as may cover the actual cost, and may recover from the local authority as a debt the amount so charged.

The reasonable expense of maintaining and treating in a hospital any patient who is not a pauper shall be deemed to be a debt due from the patient to the Board, trustees, or other body by which the hospital is maintained, and may be recovered accordingly.

Where in the opinion of the Chief Health Officer it is expedient so to do, he may require the Hospital Board or District Board, in lieu of erecting a sanatorium for persons suffering from consumption, to erect an annexe to any hospital in the district for the reception and treatment of such persons:

Provided that when the estimated cost of such erection exceeds two hundred pounds such requisition shall be made only with the previous consent of the Minister.

Sections thirty-seven, thirty-eight, and forty-two hereof shall apply to such annexe as if it were a hospital erected under the said section thirty-seven.

In this section the term “Board” means a Hospital Board or District Board.

Two or more Boards may by agreement under their common seals combine to acquire, establish, and maintain a sanatorium for persons suffering from consumption.

The sanatorium, and all land, buildings, and other property acquired or used for the purposes thereof, shall be vested in such one of the Boards as is agreed upon by them, or, in default of such agreement, as may be directed by the Governor in Council.

The sanatorium shall be established, maintained, and managed by a joint committee of the Boards, constituted in such manner and having such of the powers of Boards with respect to like institutions as may be agreed upon by the Boards, or, in default of such agreement, as may be directed by the Governor in Council.

All expenses and liabilities incurred in acquiring, establishing, or maintaining the sanatorium (including the reasonable travelling-expenses actually incurred by members of the joint committee) shall be those of the Board in which the sanatorium is vested; and all contracts made, rights acquired, and liabilities incurred by the joint committee shall be deemed to be made, acquired, and incurred by that Board.

The other Board or Boards shall contribute towards the expenses and liabilities so incurred by the Board in which the sanatorium is vested in such proportion and to such extent as is decided by the said committee, subject to appeal by any such Board to a Magistrate; and in the event of any such appeal being made, then in such proportion and to such extent as such Magistrate directs. If in the opinion of such Magistrate any expenditure incurred was excessive or unnecessary, he shall direct that such expenditure or a part thereof shall be paid by the Board whose representatives on the said committee caused it to be incurred.

All moneys expended or contributed and all liabilities incurred under the provisions of this section by any Board in respect of the establishment or maintenance of the sanatorium shall be deemed for all purposes to be expenses and liabilities incurred by the Board in exercise of its powers and functions under “The Hospitals and Charitable Institutions Act, 1908,” and shall be chargeable against and recoverable from local authorities in the same manner as moneys allocated by the Board for payment by local authorities in respect of the maintenance of institutions under that Act are recoverable.

An agreement under this section may from time to time be varied by subsequent agreement of the parties, or may at any time after the expiration of ten years from the making thereof be cancelled by any party thereto by giving to the other party or parties twelve months’ notice in writing.

On any such agreement being cancelled, the sanatorium, and all land, buildings, and other property used for the purposes thereof, shall be disposed of in such manner as the Boards agree upon, or in default of any agreement, then as the Governor by Order in Council directs.

On such agreement being cancelled as aforesaid the amount of all existing liabilities incurred in respect of the sanatorium by the Board in which it is vested shall be apportioned between the Boards in manner agreed upon, or, in default of agreement, as the Governor in Council directs; and the amount so apportioned to any contributory Board shall be a debt due by it to the Board in which the sanatorium is vested.

The Governor may from time to time by Order in Council make such regulations as he thinks necessary for giving full effect to the provisions of this section.

A Hospital Board or a District Board may from time to time provide or contract with any person to provide medicines, disinfectants, and medical attendance for the poorer inhabitants of its district.

A local authority may, and shall if the Chief Health Officer so recommends, from time to time provide, equip, and maintain, in or for its district—

It shall be incumbent upon the Council of every borough to provide a suitable building for the purposes of a public morgue; and if any such Council fails so to do, then any ten ratepayers of the Council may apply to the Supreme Court for a mandamus to compel the borough to comply with this provision, and shall be entitled to recover from the Council all costs incurred in and about obtaining such mandamus:

Provided that where two or more boroughs adjoin each other, or are so nearly adjacent that the nearest boundary of any one of them is not more than two miles distant from the nearest boundary of any other, the obligation to provide a public morgue shall be only upon that one of such boroughs which has the largest population:

Provided also that such last-mentioned borough shall be entitled to call upon each adjoining or adjacent borough which has not also provided a morgue to contribute a share of the cost in the same proportion that the population of the contributing borough bears to the population of the first-mentioned borough:

Provided further that nothing herein shall be deemed to repeal the provisions of the last preceding section or to limit the powers of the Chief Health Officer in relation thereto.

Where there is no public morgue situated within a distance of three miles from any public hospital, the dead-house of such hospital shall be deemed to be a public morgue, and the Superintendent or other person in charge of such hospital shall, at the request of any Justice or constable, receive into such dead-house any dead body that may be brought thereto for the purpose of an inquest being held thereon.

For every dead body so received there shall be paid the sum of one pound out of any money which may be appropriated by Parliament for such purpose.

If such Superintendent or person in charge refuses to receive such dead body for the purpose aforesaid he shall be liable to a fine not exceeding five pounds.

With respect to mortuaries and morgues the following provisions shall apply:—

In either of the following cases, that is to say:—

Where the body of a person who has died of any infectious disease is lying in a house in which persons live or sleep; or

Where, whatever the cause of death, the body is in such a state as to be dangerous to health,—

the following provisions shall apply:—

If any house is erected or rebuilt without being provided with a sufficient privy and ashpit, the person for whom it is erected or rebuilt shall be liable to a fine not exceeding twenty pounds.

Irrespective of his liability under this section, the owner of a dwellinghouse shall be liable to a fine not exceeding five pounds for every day on which the house is let or inhabited whilst not provided with a sufficient privy and ashpit.

With respect to every factory, workroom, shop, office, warehouse, or other business place in which persons are employed the following provisions shall apply:—

A privy or ashpit shall not be deemed to be sufficient within the meaning of this Act unless it is of such class or description, and is furnished with such coverings, fittings, and connections, as the local authority by by-law prescribes, or as in the absence of such by-laws the District Health Officer directs.

A local authority may from time to time provide and maintain in proper and convenient situations in its district sufficient privies, ashpits, and similar conveniences for public accommodation.

It shall be the duty of a local authority to provide, to the satisfaction of the District Health Officer, that all privies, ashpits, and drains within its district are so constructed and kept as not to be a nuisance or injurious to health.

In every case where, on the report of the District Health Officer, or any Inspector or other person, it is made to appear to a local authority that by reason of any foulness, want of repair, or any other structural or non-structural defect, any privy, ashpit, or drain is a nuisance or injurious to health, and that immediate action is necessary in order to remedy the defect, the following provisions shall apply:—

It shall be the duty of the local authority to take action under this section in any case where the District Health Officer so recommends.

If the local authority fails or neglects to comply with such recommendation, or where the District Health Officer considers the case to be one of urgency, then of his own motion, and irrespective of any such recommendation, but at the expense in all things of the local authority, he may himself take action under this section in the same manner and with the same consequences as if he were the local authority and as if the Inspector under this Act were the local authority’s Surveyor or Inspector of Nuisances.

In every case where the District Health Officer takes action under the last preceding subsection he shall notify the local authority; and thereupon the local authority shall not take action itself under this section except for the purpose of recovering from the owner and occupier the expenses incurred.

A local authority may from time to time of its own motion, and shall whenever the District Health Officer so recommends, itself undertake or contract for the efficient execution of the following works within its district or any specified part of its district:—

Provided that, except in the case of a borough, the recommendations of the District Health Officer as to any works under paragraphs (e) to (g) of this section shall not be binding on the local authority:

Provided also that it shall not be lawful to deposit nightsoil in any place where it will be a nuisance or injurious to health.

All refuse, rubbish, nightsoil, and waste matter collected by the local authority or its contractor in the execution of any of the works under the last preceding section shall be destroyed, sold, or otherwise disposed of in such manner as, with the approval of the District Health Officer, the local authority thinks fit.

All moneys derived therefrom shall be carried to the account of the fund or rate applicable to works under that section, or if there is no such fund or rate, then shall form part of the general funds of the local authority.

Every person is liable to a fine not exceeding five pounds who in any way obstructs or hinders the local authority or its contractor in the execution of any works under either of the two last preceding sections:

Provided that the occupier of a house shall not be liable under this section by reason merely of himself collecting and removing, or using, selling, or otherwise disposing of, his own house refuse or rubbish, if in so doing he takes sufficient precautions to prevent the creation of any nuisance or anything offensive to the neighbours or injurious to health.

Where the local authority has itself undertaken or contracted for the execution of any of the works referred to in paragraphs (a) to (d) of section fifty-seven hereof, the following provisions shall apply:—

Where any of the works under this section are undertaken by the local authority itself, the expenses incurred in connection with all or any of such works may be met by the local authority either by a separate rate in the manner provided by section one hundred and four hereof or by levying a uniform annual fee in lieu of the rate, but so that the total proceeds of such fee shall not exceed the proceeds of the rate.

Such fee shall be recoverable in the same manner as if it were a rate.

In so far as the local authority does not itself undertake or contract for the work of cleansing privies, ashpits, or drains belonging to any premises, removing house refuse or nightsoil from any premises, or cleansing footways or pavements adjacent to any premises, it may from time to time of its own motion, and shall whenever the District Health Officer so recommends, make by-laws imposing on the owner or occupier of such premises the duty of effectually doing the work in such manner and at such regular intervals as are prescribed by the by-laws.

A local authority may also from time to time of its own motion, and shall whenever the District Health Officer so recommends, make by-laws for any of the following purposes:—

With the consent of the Governor the local authority of a district may from time to time set apart any portion of its reserves or other lands as a site for the deposit and disposal of nightsoil or refuse:

Provided that in using any land for the purpose aforesaid the local authority shall in every case conform to the recommendations of the District Health Officer, and if it fails or neglects so to do, then the Governor may revoke his consent, whereupon it shall be unlawful for the local authority to use the land for the purpose aforesaid.

In any case where any river (whether tidal or otherwise), watercourse, stream, or open ditch or drain lying near to or on the boundaries of two or more districts, or running into two or more districts, is foul or offensive, or out of repair nr otherwise defective, the following provisions shall apply:—

Every person commits an offence who in any way—

In any case where, on the report of the District Health Officer, the Governor thinks it expedient in the interests of the public health so to do, he may, by notice in the Gazette, place any specified watercourse, stream, or lake, or any specified portion thereof, under the sole control of any one specified local authority, notwithstanding that it may not be within the district of such local authority or on land belonging to such local authority, and every such notice shall, until revoked by the Governor, have full effect.

Subject to the provisions of the last preceding section, the local authority shall, for all the purposes of this Act, be deemed to have control of all watercourses, streams, and lakes within its district.

The local authority having the control of any watercourse, stream, or lake may from time to time, as it thinks fit, and shall whenever the District Health Officer so recommends, make by-laws to enforce the cleansing and prevent the polluting or defiling of such watercourse, stream, or lake.

The Governor may from time to time, by notice in the Gazette and Kahiti, declare any Maori settlement to be a special district under this Part of this Act; and with respect to every such special district the following provisions shall apply:—

Health Committee.

Subsidy towards works.

In order to facilitate the construction of drainage-works, refuse-destroying works, hospitals, and other sanitary works by local authorities, the following provisions shall apply:—

Power to borrow.

Where on the report of the District Health Officer or any Inspector or other person it appears that, by reason of not being cleansed, any house, or any outbuilding, yard, privy, ashpit, drain, or other appurtenance belonging to the house, is in such a filthy or unwholesome condition as to be a nuisance or dangerous to health, the local authority may of its own motion, and shall if the District Health Officer so recommends, by requisition to the owner and occupier of the house, require them to cleanse the house or appurtenances in the manner and within the time specified in the requisition, and thereupon the provisions of section twenty-eight hereof shall, mutatis mutandis, apply, and the owner and occupier shall be jointly and severally liable accordingly.

In every case where—

the occupier of the dwellinghouse shall be deemed to have thereby created a nuisance, and shall be liable to a line not exceeding two pounds for creating the nuisance, and also to a further fine not exceeding ten shillings for every day on which the nuisance continues unabated.

The local authority may of its own motion, and shall if the District Health Officer so recommends, abate any nuisance created as aforesaid; and the expenses thereby incurred shall be recoverable in a summary manner from the owner and occupier of the dwellinghouse, who shall be jointly and severally liable therefor.

Such expenses shall until paid be deemed to be a charge on the dwellinghouse and the land on which it is built or to which it appertains.

In any case where it appears to the District Health Officer or an Inspector under this Act, or a local authority’s Inspector of Nuisances, that on any premises within the district of the local authority there exists any such accumulation of manure, dung, filth, or other offensive matter as to be a nuisance or injurious to health, the following provisions shall apply:—

Irrespective of the last preceding section, the following special provisions shall apply in the case of premises used as stables, mews, or slaughter-yards, or for the carrying-on of any offensive trade:—

A nuisance shall be deemed to be created in any of the following cases, that is to say:—

and any such nuisance may be abated and dealt with under any of the provisions of this Act applicable for the purpose:

Provided that in summary judicial proceedings under this Act as hereinafter provided it shall be a sufficient defence if the defendant satisfies the Magistrate,—

If the District Health Officer is satisfied that the nuisance (not being a nuisance (g) or (h) of the last preceding section) exists, and that immediate action for its abatement is necessary in order to prevent the outbreak of infectious disease or to check or prevent the spread of such disease, he may act under section twenty-eight hereof, and in such case the provisions of that section shall, mutatis mutandis, apply, and the provisions of the next succeeding section shall not apply.

Subject as last aforesaid, any nuisance under section seventy-five hereof may be dealt with in manner following, that is to say:—

Provided that if the local authority fails or neglects to take the proceedings when recommended so to do by the District Health Officer, he may take them himself.

With respect to such summary judicial proceedings the following provisions shall apply:—

Within the district of each local authority the District Health Officer and the local authority are hereby empowered and directed—

For the purposes of this Act the District Health Officer, or any Inspector under this Act, or any Inspector or other authorised officer of the local authority may at all reasonable times during the day enter and inspect any land or premises.

Except where otherwise specially authorised by the District Health Officer or an order of the Magistrate, the following rules shall be observed with respect to the entry and inspection of any premises other than vacant or unoccupied premises:—

Nothing in the last preceding section shall operate to prevent the District Health Officer, or any Inspector under this Act, or officer of the local authority from entering on any land or premises with workmen and appliances at any time for the purpose of doing any sanitary works pursuant to any requisition duly issued or order duly made under this Act.

The provisions of this Act relating to the abatement of nuisances and the remedying of sanitary defects shall be deemed to be in addition to and shall not abridge or affect any right, remedy, or proceeding that exists independently of this Act:

Provided that no person shall be punished twice for the same offence, whether under this Act or independently of this Act.

In any case where the local authority or the District Health Officer is of opinion that proceedings under this Act would not give or have not given a sufficient remedy, the local authority or the District Health Officer on its behalf may, in lieu of proceeding under this Act, or after having proceeded under this Act, take proceedings in the Supreme Court to enforce the abatement of a nuisance or the remedying of any sanitary defect.

In such case the expenses incurred by or on behalf of the local authority in connection with the proceedings shall be payable out of the fund or rate applicable for sanitary purposes, or if there is no such fund, then out of its general funds.

In any case where it appears that a nuisance existing within the district of a local authority is wholly or partly caused by some act or default outside the district, proceedings may be taken against any person in respect of such act or default in the same manner and with the same incidents and consequences as if the act or default were wholly inside the district.

It shall not be lawful to establish any offensive trade within the district of a local authority unless with the consent in writing of the local authority and the District Health Officer:

Provided that in so far as concerns the trade of slaughtering this section shall be construed subject to the provisions of “The Slaughtering and Inspection Act, 1908.”

Every person who establishes an offensive trade in breach of this Act is liable to a fine not exceeding fifty pounds.

Every person who carries on any offensive trade established in breach of this Act is liable to a fine not exceeding five pounds for every day on which he carries it on, whether there has or has not been a conviction in respect of the establishing of the trade.

With respect to offensive trades heretofore or hereafter lawfully established within its district, the local authority may from time to time make by-laws to regulate the conditions subject to which such trades may be carried on in order to prevent or diminish the offensiveness of the trades and to safeguard the public health.

The District Health Officer, or any Inspector under this Act, or any local authority’s Inspector may at all reasonable times enter on any land or premises and inspect and examine—

On the certificate of the District Health Officer that any building or part of a building is, by reason of its insanitary condition, dangerous to public health, the local authority shall give notice to the owner thereof requiring him to pull down the same within a time named in the notice.

If the local authority fails to give such notice, the District Health Officer may himself give notice to the owner.

In lieu of requiring the owner to pull down any insanitary building, the local authority or the District Health Officer, as the case may be, may by a like notice require the owner to make such structural alterations or additions to the building as the District Health Officer directs.

If the owner fails to comply with any such requisition within the time named in the notice, any Magistrate may, on the application of the local authority or the District Health Officer, as the case may be, and after notice to the owner, order such building or any part thereof to be pulled down, at the expense in all things of the owner, after hearing such evidence as may be adduced for or against such application.

Where any building or portion of a building used as a dwelling, workshop, or for any business purpose whatever is condemned by the District Health Officer as unfit for human occupation, it shall be unlawful for any person to remain in occupation of such building or portion thereof after the expiration of twenty-one days from the date of the notice of condemnation served by the local authority or District Health Officer, and every person who remains in occupation after the said twenty-one days is liable to a fine not exceeding ten pounds for each day he so remains in occupation.

Where a building or any part thereof is required under this section to be pulled down, it shall not be removed for the purpose of being re-erected as a dwellinghouse, shop, or factory, or as a dairy or place where any article of food for human consumption is kept, nor shall any part of the materials of which such building or part thereof was composed be used, without the consent of the District Health Officer, in the construction of any building used for any such purpose.

It shall not be lawful to remove from the district under the jurisdiction of any local authority any building or part of a building, or any materials of which any building was composed, and re-erect the same or use the same in the erection of any building within any other district without the consent of the local authority of such last-mentioned district.

Every person who commits a breach of this section is liable to a fine not exceeding one hundred pounds; and the building or part thereof erected contrary to the provisions hereof shall be deemed to be an insanitary building, and may be dealt with under the two last preceding sections without the necessity for the certificate of the District Health Officer as therein mentioned.

The District Health Officer, or any medical officer appointed by the Minister of Public Health or the Education Board, may at all reasonable times enter into or upon any public school building and examine the children attending the school, and notify the parents or guardians of any such child of any disease or bodily defect from which in his opinion the child may be suffering.

Any local authority may, in lieu of itself appointing an Inspector of Nuisances, out of its ordinary funds contribute towards the salary of an Inspector appointed under this Act.

The Governor may by Order in Council from time to time prohibit the importation into New Zealand of any material which in his opinion is likely to convey infectious diseases, or stipulate any conditions under which such material may be admitted.

Any goods imported contrary to the provisions of any such Order in Council shall be deemed to be goods prohibited to be imported under “The Customs Law Act, 1908,” and shall be dealt with accordingly.

If in the performance of any duty imposed on him by this Act the owner of any premises is in any way obstructed or hindered by the occupier, or the occupier by the owner, the one who obstructs or hinders the other is liable to a fine not exceeding five pounds for every day on which he does so.

If the owner of any premises makes default in truly and fully disclosing the name of the occupier, or the occupier makes default in truly and fully disclosing the name of the owner, when requested by the District Health Officer or any Inspector to disclose such name, the person so making default shall be liable to a fine not exceeding five pounds.

A person shall be deemed to commit an offence against this Act if in any way, directly or indirectly, he obstructs or hinders the Chief Health Officer or any District Health Officer, Inspector, or other officer under this Act, or any Inspector or other officer of a local authority in the exercise of any of his functions, powers, or duties under this Act.

If any person commits any offence against this Act for which no penalty is by this Act provided elsewhere than in this section, he shall be liable to a fine not exceeding five pounds, and in the case of a continuous offence to an additional fine not exceeding five pounds for every day on which the offence is continued after the first day.

All expenses incurred by the District Health Officer on behalf of a local authority or for which a local authority is liable under this Act shall be recoverable as a debt due to the Crown.

Without affecting any other mode of recovering such expenses, they may, on the warrant of the Minister, be deducted and retained out of any moneys at any time payable out of the Public Account to the local authority in respect of subsidy, goldfields revenue, or otherwise howsoever.

All expenses which by this Act are declared to be recoverable in a summary manner, and all fines under this Part of this Act, shall be recoverable under the summary provisions of “The Justices of the Peace Act, 1908,” before a Magistrate alone.

All expenses incurred by or on behalf of the Department in the administration of this Act shall be payable out of moneys appropriated by Parliament.

All fines and other moneys recovered or received by or on behalf of the Department in the administration of this Act shall be paid into the Public Account as part of the Consolidated Fund.

All fines and forfeitures recovered by or on behalf of a Borough Council under this Part of this Act shall be paid into and form part of the District Fund of such borough.

All expenses incurred by or on behalf of a local authority in carrying out any of the provisions of this Act may be paid by the local authority out of its general funds, and in order to meet any such expenses the local authority may, in addition to its other rating-powers, by special order make and levy a separate rate, not exceeding one halfpenny in the pound on the capital value of the rateable property of the district, or its equivalent on the unimproved value or annual value, according to the system of rating adopted in the district.

Where such expenses are or have been incurred for the benefit of some portion of the district defined by the special order, the separate rate may be made and levied on that portion only.

With reference to requisitions to owners or occupiers under this Act, and the service thereof, the following provisions shall apply:—

In every case where under this Act, or any requisition or Magistrate’s order under this Act, the owner and occupier of any house, building, land, or other premises—

then, for the purpose of regulating the rights and obligations of the owner and occupier as between one another, the following provisions shall apply:—

1900, No. 25, sec. 98

In every case where by this Act any expenses are declared to be a charge on land or premises the following provisions shall apply:—

Any local authority may from time to time make by-laws for all or any of the following purposes:—

Any such by-law may apply to part only of the district of any such local authority.

With respect to by-laws made under this Act by a local authority the following provisions shall apply:—

Every District Health Officer shall, in respect of every hospital established under this Act, be ex officio an Inspector under “The Hospitals and Charitable Institutions Act, 1908.”

The Governor may from time to time, by Order in Council gazetted, make regulations for the inspection of all hospitals in receipt of Government subsidy, whether established under this Act or “The Hospitals and Charitable Institutions Act, 1908,” and the reports of all such inspection shall be laid before Parliament within twenty-one days after the commencement of each session.

The Governor may also from time to time make regulations for any purpose for which in his opinion they are contemplated or required by this Part of this Act, including, amongst other things, the purposes following:—

Except in so far as by this Act or any other Act is expressly declared, or as from time to time the Governor by Order in Council expressly directs, nothing in this Part of this Act shall be construed to in any way abrogate or lessen the powers and functions exercisable by a local authority independently of this Act, but the powers and functions exercisable by the local authority under this Part of this Act shall co-exist with those exercisable by it independently of this Act: Provided that—

In this Part of this Act, unless inconsistent with the context,—

The Governor may from time to time by Proclamation appoint—

The Governor may by Proclamation notify that any place in or beyond New Zealand is infected with a dangerous infectious disease, and thereupon, and so long as such Proclamation remains in force, such place shall be deemed to be an infected place for the purposes of this Part of this Act.

Every ship which arrives at any port or harbour in New Zealand—

shall be and be deemed to have been liable to quarantine from the time such ship left the infected place or took on board passengers or goods from the infected place, or from the time the infectious disease broke out on board such ship, or from the time such ship communicated with any other ship as aforesaid.

Such liability shall extend to and be incurred by—

It shall be lawful for the District Health Officer, or such other officer as may be authorised by the Minister or District Health Officer in that behalf, to order into quarantine any ship liable to quarantine as aforesaid:

Provided that, except in the cases mentioned in paragraphs (a) and (b) of section one hundred and sixteen hereof, no such order shall be made unless danger to the public health may reasonably be apprehended from the immediate admission of the ship to entry.

Whenever a ship is ordered into quarantine, then—

shall perform quarantine, in such places, for such time, and in such manner as are directed by or under this Act.

When a ship is ordered into quarantine the following provisions shall have effect:—

Immediately on the arrival of a ship from beyond sea at any port in New Zealand the master shall give to the pilot, or person boarding or conducting the ship, or to any person appointed by the Minister or District Health Officer to board the ship, a written paper containing a true account of the names of the place and country at which she loaded, and also of all the places at which she touched during the voyage, and shall truly answer all such questions as are put to him by such pilot or other person touching the health of the passengers during the voyage, and the cause of the death of any person if any death has occurred on board.

It shall not be necessary for such appointed person actually to board the ship, but it shall be sufficient if he only goes alongside and demands such paper, or puts such questions as aforesaid without actual boarding.

Any master of any such ship is liable to a fine not exceeding one hundred pounds who—

The surgeon, dispenser, or other medical officer of every ship arriving at any port in New Zealand from beyond sea shall truly answer all such questions as are put to him by such pilot or appointed person touching the health of the passengers during the voyage, and the cause of the death of any person who may have died on board or of any of the passengers who may have died on shore in the course of the voyage, and touching the existence of any infectious disease at any port or place from which the ship has come or at which she touched.

Any such surgeon, dispenser, or other medical officer who refuses to answer any such question so put to him, or makes any false answer to any such question, is liable to a fine not exceeding one hundred pounds.

The quarantine signal described in the next succeeding section shall be hoisted by the master of any ship arriving in New Zealand from or after having touched at an infected place immediately the ship arrives within three miles of the port at which she intends to call, and in default of so doing the master is liable to a fine not exceeding one hundred pounds.

When a ship arrives from or after having touched at an infected place, and is therefore liable to quarantine, or is otherwise liable to quarantine, the pilot, District Health Officer, or other appointed person first boarding such ship shall immediately give notice of such liability to the master of the ship, and if he neglects so to do he shall be liable to a fine not exceeding one hundred pounds.

Immediately on receipt of such notice or on being ordered into quarantine, as the case may be, the master of any ship liable to quarantine shall hoist a signal denoting that the ship is liable to quarantine.

Such signal shall be in the daytime a yellow flag of six breadths of bunting at the maintopmast-head, and in the night-time a large signal-lantern at the same masthead.

Such signal shall remain hoisted until the ship is granted pratique.

Any such master who fails to hoist or keep hoisted such signal is liable to a fine not exceeding one hundred pounds.

Any pilot who brings or causes to be brought or conducted any ship liable to quarantine into any place not specially appointed for the reception of ships so liable shall, unless compelled thereto by stress of weather, adverse winds, or accidents of the sea, be liable to a fine not exceeding one hundred pounds.

No ship arriving at any port in New Zealand from beyond sea shall, until boarded by the District Health Officer or other appointed officer and granted pratique, be brought higher up the port than such place as is specified by the Minister as a limit for ships arriving from beyond sea.

For the purpose of such pratique the master shall permit such officer, either alone or together with any medical practitioner, to inspect any part of the ship and all or any of the passengers.

No person on board any such ship shall quit the ship until pratique is granted.

Pratique shall in no case be granted unless the District Health Officer or other appointed officer is satisfied that the ship is not liable to perform quarantine.

Every person who offends against any of the provisions of this section is liable to a fine not exceeding one hundred pounds.

The pilot who first boards a ship arriving at any port in New Zealand from beyond sea shall, immediately on boarding the ship, cause a blue flag of six breadths of bunting (called the “visiting-flag”) to be hoisted at the maintopmast-head, and to be kept flying until the ship is granted pratique by the District Health Officer.

Where no pilot is engaged, the visiting-flag shall be hoisted by the master when approaching the port at which the ship intends to call.

The visiting-flag need not be hoisted if the yellow flag is hoisted as aforesaid.

If the visiting-flag is not duly hoisted as aforesaid, the pilot and master shall be severally liable to a fine not exceeding ten pounds.

No person shall, with a boat or otherwise, except with a boat belonging to the service of the pilot, the Health Department, the Post Office, the Police, or the Customs, go alongside of any ship arriving at any port in New Zealand from beyond sea until such ship has been granted pratique by the District Health Officer or other appointed officer and the visiting-flag has been hauled down, and no person other than the Port Health Officer or a pilot shall go on board the ship from any such boat until such time as aforesaid.

If any person offends against any of the foregoing provisions of this section, or if any master of a ship in port orders or permits any of his boats or crew to board or go alongside of any ship so arriving as aforesaid for the purpose of communicating with the persons in such ship whilst the visiting-flag is flying as aforesaid, such person or master shall be liable to a fine not exceeding fifty pounds.

Where a ship arrives in New Zealand from or after having touched at any infected place, the Port Health Officer or other appointed officer may require all passengers on board the ship to submit to examination in the manner and at the time and place appointed in each case by such examining officer.

Every person who in any way, directly or indirectly, by act or default, fails to comply promptly and satisfactorily with any direction or requirement of the examining officer under this section, or obstructs or hinders such officer in the execution of his duties, is liable for each offence to a fine not exceeding fifty pounds.

The provisions of sections one hundred and twenty-one to one hundred and twenty-nine hereof shall not apply to ships arriving from the Commonwealth of Australia or from Fiji unless—

The master of any ship ordered into quarantine as aforesaid who does not, within a convenient time after due notice given for that purpose, cause the ship and the lading thereof to be conveyed into the appointed quarantine station to perform quarantine is liable to a fine not exceeding four hundred pounds.

Immediately on his arrival at such quarantine station such master shall deliver, on demand, to the officer in charge of such station, or his assistant, or other officer authorised to act in that behalf (which demand such officer is hereby required to make), his bill of health and manifest, together with his log-book and journal, and in default shall be liable to a fine not exceeding one hundred pounds.

If the master of any ship so ordered into quarantine quits, or permits or suffers any person to quit, the ship by going on shore or on board any other ship or boat before such quarantine is fully performed, unless by such license as hereinafter provided, he shall be liable to a fine not exceeding five hundred pounds.

Such license may be granted on such conditions as the Governor or the Minister prescribes, including in every case the condition that the person to whom the license is granted shall report and submit himself for medical examination at such times and places as are specified in the license.

If any person liable to quarantine—

it shall be lawful for any constable or officer under this Act to apprehend such person and take him before a Justice.

Any Justice may grant his warrant for conveying such person to the ship or quarantine ground which he has quitted, or for confining him in any place of safe custody (not being a public gaol) under such restrictions as to communication with any other persons as such Justice thinks proper, until such person can safely and securely be conveyed to such ship or quarantine ground, or until directions can be obtained from the Minister or the District Health Officer as to the disposal of such person, and may make any further order that may be necessary in that behalf.

Such person shall also be liable to a fine not exceeding three hundred pounds.

The Governor may from time to time by Proclamation prohibit all persons, ships, and boats from going within the limits of a quarantine station or ground.

If any person after such prohibition, and while it is in force, goes within the limits of a quarantine station or ground he shall be liable to a fine not exceeding two hundred pounds.

If any officer or person whose duty it is to execute or see to the execution of any order concerning quarantine—

he shall be liable on summary conviction to imprisonment for any period not exceeding twelve months.

Every person who lands or unships, or moves in order to land or unship, any goods from on board a ship liable to quarantine, or knowingly receives the same after they have been so landed or unshipped, is liable to a fine not exceeding five hundred pounds:

Provided that this section shall not apply in the case of goods landed, unshipped, or moved in accordance with this Act for the purpose of performing quarantine.

Every person who clandestinely conveys, or secretes or conceals for the purpose of conveying, any goods from a ship actually performing quarantine, or from a quarantine station or ground or other place where such goods are performing quarantine, is liable to a fine not exceeding one hundred pounds.

If the master of such ship permits or suffers any person to commit any offence against any of the foregoing provisions of this section he shall be liable to a fine not exceeding five hundred pounds.

This section does not apply to His Majesty’s mails:

Provided that such mails shall, if required by the Port Health Officer, be fumigated before being landed.

The Governor may appoint a medical practitioner to take charge of any of the passengers of a ship liable to quarantine, and may fix the remuneration to be paid to such medical practitioner for his services, and may cause the same to be paid by the Minister of Finance.

The amount so paid shall be repaid to the Minister of Finance by the owners or agents of the ship before she shall be permitted to clear and leave the port in which she performs quarantine.

It shall be the duty of the owners and agents of any ship in quarantine to supply the passengers thereof with such wholesome and suitable provisions and medicines as the medical practitioner in charge of them directs or requires.

If such provisions and medicines are not forthwith supplied accordingly, the same may be provided under the order of the Minister; and the cost thereof, including the cost of conveyance, shall be paid by such owners or agents to the Minister of Finance before the ship shall be permitted to clear and leave the port in which she performs quarantine.

After quarantine has been duly performed by any ship or person under this Part of this Act and in accordance therewith, the District Health Officer or other officer who superintended the performance of the quarantine shall give a certificate to that effect under his hand, and such ship or person shall be discharged from quarantine, and shall be liable to no further restraint or detention upon the same account.

All goods liable to quarantine shall be opened and aired, and, if necessary, fumigated or disinfected, in such place or places and for such time and in such manner as the Minister or the District Health Officer directs.

After any such direction has been duly complied with, the officer under whose direction the goods have been so treated shall give a certificate to that effect under his hand, and upon the same being approved and allowed by the Minister such goods shall be discharged from quarantine, and shall be liable to no further restraint or detention upon the same account.

If any such officer wilfully damages any goods performing quarantine under his direction he shall be liable to pay to the owner of the same the amount of such damage, together with full costs of suit.

All expenses incurred by or on behalf of the Minister in connection with the disinfection or destruction of any goods in consequence of the presence of infectious disease on any ship shall be borne by the owners of the ship, and may be recovered as a debt due to the Crown.

If any person hereby authorised and directed to give a certificate of a ship, person, or goods having duly performed quarantine knowingly gives a false certificate thereof, he shall be liable to a fine not exceeding two hundred pounds.

If any person—

he shall be liable on conviction on indictment to imprisonment with or without hard labour for any period not exceeding seven years.

The Governor may, in case of any dangerous infectious disease appearing in any part of New Zealand, make such orders and give such directions as he thinks expedient for the isolation of the persons affected with such disease, or for preventing communication between them and other persons, as he thinks fit, and all such orders and directions shall have the force of law.

Any place in which any such persons are directed to be isolated shall be deemed to be a quarantine ground within the meaning of this Part of this Act; and all the provisions of this Act relating to quarantine grounds, and to persons liable to remain there, and with respect to communicating with or quitting a quarantine ground, or the return to a quarantine ground of persons quitting the same, shall be applicable to such places and persons respectively.

All proceedings for the prosecution of offences under this Part of this Act shall be commenced in the name of a District Health Officer, or some officer authorised in that behalf by the District Health Officer or the Minister, and, except as to indictable offences under section one hundred and forty-three hereof, shall be heard and determined in a summary way before a Magistrate alone.

The fact that a ship has been ordered into quarantine at any port or harbour by any person authorised by this Act, and has actually performed quarantine, shall, in any prosecution against any person for any offence under this Part of this Act relating to matters subsequent to a ship being ordered into quarantine, be conclusive evidence that the ship was liable to quarantine, without proving in what manner or from what circumstance she became so liable.

In any prosecution against any person for any offence under this Part of this Act any statement or answer made by the master of a ship, as hereinbefore directed, to the pilot or appointed person boarding the ship may be given and received as evidence so far as the same relates to the place from which the ship arrived, or to any place or places at which she touched during the voyage, or to any other ship with which she communicated during the voyage, or to any circumstance relating to the health of the persons on board during the voyage, and shall until the contrary is proved be sufficient evidence of the facts disclosed by any such statement or answer for the purpose of showing that the ship was liable to quarantine.

No action shall be brought against any person for any matter or thing done in pursuance of the provisions of this Part of this Act except within six months after such matter or thing was done, nor unless at least one month before the action is commenced the intended plaintiff gives to the intended defendant notice in writing of the cause of action, the amount to be claimed, and the Court in which the action is to be brought.

The defendant to the action may plead a general denial, and may give this Act and the special matter in evidence.

The Governor may from time to time make regulations for the purpose of carrying the provisions of this Part of this Act into effect, and by such regulations may impose for the breach thereof any fine not exceeding one hundred pounds.

All such regulations shall come into force on the date of their publication in the Gazette.

In this Part of this Act, if not inconsistent with the context,—

For the purposes of this Part of this Act the Governor may from time to time exercise the following powers:—

With respect to the qualifications of officers under this. Part of this Act the following provisions shall apply:—

It shall be the duty of the Public Vaccinator of a vaccination district to attend at the vaccination station in the district at specified times to vaccinate all persons not already successfully vaccinated who then appear or are presented for vaccination, and also to inspect the progress of such vaccination in the persons so vaccinated.

Due public notice of the locality of the vaccination station, and of the times at which the Public Vaccinator will attend there for the purpose of such vaccination and inspection, shall be given in such manner as the Governor from time to time directs.

In every case where the birth of a child is registered with the Registrar in a vaccination district the following provisions shall apply

The parent or custodian of every child born in New Zealand shall, in the case of the parent within twelve months after the child’s birth, and in the case of the custodian within twelve months after becoming custodian, cause the child to be vaccinated by the Public Vaccinator or a medical practitioner in the manner and subject to the provisions and conditions hereinafter contained.

Where the vaccination is to be performed by the Public Vaccinator the following provisions shall apply:—

Where the vaccination is to be performed by a Public Vaccinator or a medical practitioner the following provisions shall apply:—

In every case where the vaccination has been successfully performed by the Public Vaccinator he shall, as soon as he has ascertained that the vaccination has been successful, being within twenty-one days after the date of the operation, transmit to the Vaccination Inspector of the vaccination district in which the operation was performed a certificate of vaccination under his hand in the form numbered (6) in the Third Schedule hereto, and shall also deliver or transmit a duplicate thereof to the child’s parent or custodian if desired.

In every case where the vaccination has been successfully performed by a medical practitioner he. shall, as soon as he has ascertained that the vaccination has been successful, being within twenty-one days after the date of the operation, deliver to the child’s parent or custodian a certificate of vaccination under his hand in the form numbered (6) in the Third Schedule hereto.

Within fourteen days after receiving such certificate of vaccination from the medical practitioner the parent or custodian shall transmit the same to the Vaccination Inspector of the vaccination district in which the operation was performed.

In any case where any person apparently not under fourteen years of age presents himself at a vaccination station for vaccination or revaccination by a Public Vaccinator the following provisions shall apply:—

As soon as practicable after any person is received as aninmate of any reformatory, refuge, industrial school, charitable institution, hospital, lunatic asylum, or other establishment for the poor or sick, or any prison, the master or other person in charge of such establishment, or the keeper or Gaoler of such prison, shall, at the expense of such establishment or prison, cause such inmate to be vaccinated by a Public Vaccinator:

Provided that vaccination under this section shall not be compulsory in any of the following cases:—

Provided also that the Governor may from time to time by Proclamation declare an age after which vaccination under this section shall not be compulsory.

It shall be the duty of the parent or custodian of every unvaccinated pupil attending a public school to cause such pupil to be vaccinated as hereinbefore provided by this Part of this Act.

For the purposes of this section “public school” means a public school within the meaning of “The Education Act, 1908,” and includes every other school that is maintained in whole or in part out of public or local-governing grants, rates, funds, or endowments.

For all the purposes of the two last preceding sections the provisions of this Part of this Act relating to certificates of postponement, exemption, vaccination, and result shall, mutatis mutandis, apply.

The Registrar of each vaccination district shall keep a register, wherein he shall enter minutes of all notices given by him under this Part of this Act.

The Vaccination Inspector of each vaccination district shall keep a register, in which he shall enter minutes of all certificates transmitted to him and of all notices given by him under this Part of this Act.

Every register under this Part of this Act shall be open for search at all reasonable hours by any person on payment of a search fee of sixpence for each search; and on payment of a fee of threepence for each entry any person shall be entitled to receive from the Registrar or Vaccination Inspector a certified copy under his hand of any entry in the register:

Provided that any Public Vaccinator or other officer under this Act shall, in the performance of his official duties, be entitled to make any search or obtain any certified copy without fee.

The Chief Health Officer shall frame and provide such books and forms as arc requisite for the purposes of this Part of this Act, and shall supply them gratuitously as and when reasonably required by officers and medical practitioners for the purposes of this Part of this Act.

Every Registrar shall from time to time transmit to any Vaccination Inspector who requires the same a return, certified as correct under the hand of the Registrar, setting forth the dates and other registered particulars of all births and deaths of children under twelve months of age which since the date of the last return have been registered by him as having occurred in the vaccination district of the Vaccination Inspector by whom the return is required.

The returns made under this section shall be made, and transmitted in such form, at such times, and with such particulars as the Registrar-General from time to time directs.

In every case where, to the knowledge of any Registrar, Public Vaccinator, or Vaccination Inspector, a child over the age of twelve months and under the age of fourteen years is unvaccinated, such Registrar or Public Vaccinator may, and such Vaccination Inspector shall, cause to be delivered or transmitted to the child’s parent or custodian, if known, a vaccination notice in the form numbered (8) in the Third Schedule hereto, requiring the parent or custodian to cause the child to be vaccinated as hereinbefore provided by this Part of this Act.

If the parent or custodian fails or neglects to duly comply with such notice the following provisions shall apply:—

Every person is liable to a fine not exceeding two pounds if, being the parent or custodian of a child, he fails or neglects, without reasonable excuse, to cause such child to be vaccinated and inspected as hereinbefore provided by this Part of this Act.

Every person is liable to a fine not exceeding two pounds if, being a Public Vaccinator or medical practitioner, or the parent or custodian of a child, he without reasonable excuse fails or neglects to duly and faithfully perform any duty by this Part of this Act hereinbefore imposed upon him relating to the transmission or delivery of any certificate or duplicate thereof or of any notice under this Part of this Act.