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stated on the summons, and the summons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned.
For instructions as to purchasing samples, refer to Chapter XIII. of this work.
The provisions as to disinfection in the metropolis. are contained in the Sanitary Act, 1866, section 20. They are similar to those under the Public Health Act, 1875, as mentioned in Chapter III. of this work.
CORPORATION AND LOCAL BOARD INSPECTORS' REFERENCES TO THE PUBLIC HEALTH ACT, 1875.
The following are the principal Acts which apply to urban and rural sanitary districts :
The Public Health Act, 1875.
DIGEST AS TO REMOVAL OF NUISANCES (a). The following are the chief provisions of the Public Health Act, 1875, with regard to the removal of nuisances.
SECTION 91.-Definition of Nuisances.
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.
(a) Note, as issued by the Local Government Board.
Any animal so kept as to be 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 accumulation or deposit which is a nuisance or injurious to health. But a penalty is not to be imposed on any person in respect of any accumulation or deposit necessary for the effectual carrying on any business or manufacture if it is proved to the satisfaction of the court not to have been kept longer than is necessary for this purpose, and that the best available means have been taken for preventing injury to the public health.
SECTION 93.-Information of Nuisance.
Information of a nuisance may be given to the sanitary authority by (1) any person aggrieved, or (2) two inhabitant householders of the district, or (3) any officer of the authority, or (4) the relieving officer, or (5) any constable or officer of the police force of the district.
SECTION 92.-Inspection of District.
It is the duty of the sanitary authority to cause to be made from time to time inspection of their district, with a view to ascertain what nuisances exist calling for abatement under the powers of the Public Health Act, 1875, and to enforce the provisions of the Act in order to abate the nuisances.
SECTION 94.-Notice before Proceedings.
On the receipt of an information respecting the existence of a nuisance, the sanitary authority, if satisfied of the existence of a nuisance, must serve a notice on the person by whose act, default, or sufferance the nuisance arises or continues, or, if he cannot be found, on the owner or occupier of the premises on which the nuisance arises, requiring him to abate it 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.
But where the nuisance arises from the want or defective construction of any structural convenience, or where there is no occupier of the premises, the notice must be served on the owner;
And where the person causing the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, the sanitary authority may themselves abate it without further order.
SECTION 95.-Complaint before Justices by Sanitary
If the person on whom the notice has been served fails to comply with any of its requisitions, or if the nuisance, although abated since the service of the notice, is, in the opinion of the sanitary authority, likely to recur on the same premises, they must cause a complaint of it to be made before a justice.
The justice must thereupon issue a summons requiring the person on whom the notice was served to appear before a court of summary jurisdiction.
SECTION 96.-Order of Court for Abatement or
Prohibition of Nuisance.
If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, they are to make an order on the person requiring him to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a specified time 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.
The court must give directions as to the payment of all costs incurred up to the time of the hearing or making the order.
SECTION 100.-Order on Sanitary Authority.
When it appears to the satisfaction of the court of summary jurisdiction 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 sanitary authority.