gesses,” “council,” and “borough fund," have respectively the same meaning as in the Acts for the regulation of municipal corporations, and shall also respectively mean, include, and apply to any royal borough, royal town, or other town having a warden, high bailiff, borough-reeve, or other chief officer, and burgesses or inhabitants, however designated, associated with him in the government or management thereof, or any town or place having a governing body therein in the nature of a corporation or otherwise, and to the chief officers and governing bodies of such boroughs, towns, and places, and to the funds and property under the management of or at the disposal of such chief officers and governing bodies; the expression "Improvement Act" means an Act for regulating and managing the police of, and for draining, cleansing, paving, lighting, watching, and improving a place, and an Act for any of those purposes; the word "owner' includes any person receiving the rents of the property in respect of which that word is used from the occupier of such property on his own account, or as trustee or agent for any other person, or as receiver or sequestrator appointed by the court of chancery or under any order thereof, or who would receive the same if such property were let to a tenant; the word "premises" extends to all messuages, lands, or tenements, whether open or inclosed, whether built on or not, and whether public or private; the word "parish" includes every township or place separately maintaining its poor or separately maintaining its own highways; the expression "quarter sessions means the court of general or quarter sessions of the peace for a county, riding, or division of a county, city, or borough; the word "person," and words applying to any person or individual, apply to and include corporations, whether aggregate or sole, and the expression "two justices" shall, in addition to its ordinary signification, mean one stipendiary or police magistrate acting in any police court for the district. PART I. And with respect to the constitution of the local authority for the execution of this Act, the expenses of its execution, the description of nuisances that may be dealt with under it, and the powers of entry for the purposes of this Act, be it enacted thus: PART I. Constitution of local authority, expenses, description of nuisances, and powers of entry. [III. (a) The following bodies shall respectively be the local The local authority to (a) Repealed by 23 & 24 Vict. c. 77, s. 1, post; and see as to local authority, ss. 2, 3, of that Act. execute this authority to execute this Act in the districts hereunder stated Act in places in England: as herein stated. In any place within which the Public Health Act is or shall be in force, the local board of health: In any other place wherein a council exists or shall exist, the mayor, aldermen, and burgesses by the council, except in the city of London and the liberties thereof, where the local authority shall be the commissioners of sewers for the time being; and except in the city of Oxford and borough of Cambridge, where the local authority shal be the commissioners acting in execution of the Local Improvement Acts in force respectively in the said city and borough: In any place in which there is no local board of health or council, and where there are or shall be trustees a commissioners under an Improvement Act, such trustees or commissioners: In any place within which there is no such local board of health, nor council, body of trustees, or commissioners, and where there is or shall be a board for the repair of the highways of such place, that board: In any place where there is no such local board of health, council, body of trustees, or commissioners, nor highway board, a committee for carrying this Act into execution, by the name of "The Nuisances Removal Committee," of which the surveyor or surveyors of highways for the time being of such place shall be ex officio a member or mem bers, may be annually chosen by the vestry on the same day as the overseers or surveyors of highways, and the first of such committees may be chosen at a vestry to be specially held for that purpose; and such committee may consist of such number of members as the vestry shall determine, not being more than twelve, exclusive of such surveyor or surveyors, and of such committee three shall be a quorum: In any place wherein there is no such local board of health, council, body of trustees, or commissioners, highway board, or committee appointed as aforesaid, and wherein there is or shall be a board of inspectors for lighting and watching under the Act 3 & 4 Will. 4, c. 90, that board with the surveyor of highways: In any place in which there is no such local board of health, council, body of trustees, or commissioners, nor highway board, nor committee appointed as aforesaid, nor board of inspectors for lighting and watching, the guardians and overseers of the poor and the surveyors of the highways in and for such place.] IV. On any vacancy in such nuisances removal committee As to filling arising from death, change of residence, or otherwise, notice upvacancies. shall be given by the committee to the churchwardens, who shall forthwith summon a meeting of the vestry, and fill up such vacancy by election; and until such vacancy is filled up the remaining members of the committee may act in all respects as if their number was complete. local autho rity to V. The local authority may appoint any committee of their Power to own body to receive notices, take proceedings, and in all or certain specified respects execute this Act, whereof two shall appoint be a quorum; and such local authority, or their committee, committees may, in each particular case, by order in writing under the (b). hand of the chairman of such body or committee, empower any officer or person to make complaints and take proceedings on their behalf. execution of [VI. (c) In extra-parochial places not comprised within the As to the jurisdiction of any of the local authorities aforesaid, and this Act in having a population of not less than two hundred persons, extrathe local authority for the execution of this Act shall be a parochial nuisances removal committee, elected annually by the house- places (d). holders within the extra-parochial place : The first election of such committee shall take place at a meeting of such householders summoned for that purpose by the churchwardens of the adjacent place having the largest common boundary with such extra-parochial place; and Subsequent elections shall be held annually on some day in Easter week at meetings summoned by the chairman of the local authority for the year preceding: Extra-parochial places not so comprised as aforesaid, and having a population of less than two hundred persons, shall for the purposes of this Act be attached to and form part of the adjacent place having the largest common boundary with the extra-parochial place, and notice of vestry meetings for the election of a local authority under and for the purposes of this Act shall be given in such extra-parochial places, and the householders within such places may attend such vestry meetings, and vote on such elections.] (b) See sect. 5 of 23 & 24 Vict. c. 77, post. (c) Repealed by 23 & 24 Vict. e. 77, s. 1, post. (d) An extra-parochial place (the seashore) having no houses or in- As to defraying expenses of executing this Act. [VII. (e) All charges and expenses incurred by the local Out of the borough fund or borough rate, where the local Out of highway rates, or any fund applicable in aid or in Out of the rates for lighting and watching, where the local authority is a board of inspectors appointed for lighting and watching: And if there be no such rates or funds, or if the local authority be the guardians and surveyors of highways, then out of the rates or funds applicable to the relief of the poor of the parish or place wherein such rates or funds are collected or arise, if such parish or place be co-extensive with the district within which the charges and expenses are incurred; but if such parish or place be now or hereafter shall be partly comprised within and partly without the limits of a place where a local authority other than a highway board, nuisance removal committee, inspectors of watching and lighting, and surveyors or guardians and surveyors, exists or shall exist, all the charges and expenses incurred in the district comprising that part of the parish or place which is excluded from such limits shall be defrayed out of any highway rate or rates, or any funds applicable in lieu thereof, collected or raised within the part so excluded; and if (e) Repealed by 23 & 24 Vict. c. 77, s. 1, post; and as to mode of defraying expenses of local authority, see ss. 4, 5, and 6 of that Act. (f) The houses using a sewer must be assessed before the highway rate can be resorted to; R. v. Gossc, 30 L. J. (N. S.) M. C. 41. there be more than one highway rate collected within And when the local authority has not control of such rates In extra-parochial places having a population of not less than two hundred persons, out of a rate assessed by the local authority on all such property in the place as would be assessable to highway rate if such rate were levied therein: In extra-parochial places having a population of less than two hundred persons, out of a similar rate assessed by the surveyor of highways of the adjacent place having the largest common boundary with such extra-parochial place: And the local authority in the first case, and the surveyor of highways in the second, may levy and collect the sums so assessed, in the same manner, and with the same remedies in case of any default in payment thereof, and with the same right of appeal against the amount of such assessment reserved to the person assessed, as are provided by the law in force for the time being with regard to rates for the repair of highways.] VIII. The word "nuisances" under this Act shall in- What are clude deemed nuisances under Any premises in such a state as to be a nuisance or inju- this Act (9). rious to health: Any pool, ditch, gutter, watercourse, privy, urinal, cess (g) As to nuisances to which the Act applies, ee Soltau v. De Held, 2 Sim. (N. S.) 133. |