Guardians may procure sanitary reports and pay for the same. Interpreta tion of terms. Justices not acting by to execute twelve of the said Nuisances Removal Act, and the justices making such order may thereby authorize any constable or other person or persons to do all acts for removing or abating the nuisance condemned or prohibited, and for executing such order, in like manner as a local authority obtaining the like order might do under the said Act, and to charge the costs to the person on whom the order is made, as is provided in the case where a like order is obtained and executed by such local authority. XIV. The guardians of any union, or parish not within an union, may at any time employ one of their medical officers to make inquiry and report upon the sanitary state of their union or parish, or any part thereof, and pay a reasonable compensation for the same out of their common fund. XV. The several words used in this Act shall be construed in the same manner as is declared with reference to the same words in the above-cited Act, termed "The Nuisances Removal Act for England, 1855," and all the provisions therein, and in "The Diseases Prevention Act, 1855," contained, shall respectively be applicable to this Act, except so far as they shall be hereby repealed, or be inconsistent with anything herein provided. XVI. No justice of the peace shall, unless objected to at incapable of the hearing of any complaint or charge, be deemed incapable of acting in cases other than appeals arising under the said being members of bodies Nuisances Removal Act by reason of his being a member of any body hereby declared to be the local authority to execute the said Act, or by reason of his being a contributor, or liable to contribute, to any rate or fund out of which it is hereby provided that all charges and expenses incurred in executing the said Act, and not recovered as therein provided, shall be defrayed. Nuisances Removal 57 GEO. III. CAP. 29. AN ACT FOR BETTER PAVING, IMPROVING, AND REGULATING THE STREETS OF THE METROPOLIS, AND REMOVING AND PREVENTING NUISANCES AND OBSTRUCTIONS THEREIN (a). 16TH JUNE, 1817. WHEREAS many of the streets and public places within that part of the metropolis which is situate within the weekly bills of mortality, and the parishes of Saint Pancras and Saint Marylebone in the county of Middlesex, are divided into parochial and other districts, and are paved and repaired and regulated, and obstructions and nuisances therein are removed, under the direction of certain commissioners or trustees, or other persons appointed to superintend and regulate the same in each of such parochial or other districts, by virtue of certain local Acts of parliament; and the pavements of many of (a) By the 73rd section of 25 & 26 Vict. c. 120, p. 300, ante, the powers of improving and regulating streets, and for the suppression of nuisances contained in this Act, shall, so far as the same is in force and is not inconsistent with the provisions of the therein recited Acts and that Act, extend to the metropolis, including any unpaved streets, notwithstanding any exception therein contained. See note to 25 & 26 Vict. c. 102, s. 73, ante. This Act did not empower commissioners acting under it to take under their jurisdiction footpaths at the side of a turnpike road; Loveridge v. Hodsoll, 2 B. & Ad., 602, or to enter private property, such as Ely Place, Holborn. Paul v. James, 1 Ga. & Dav., 316. The Act contained a series of provisions relating to rating and borrowing on the credit of the rates; but as rates are now raised under the provisions of the Metropolis Local Management Acts, these have ceased to be operative. As to the construction of this Act, see Bouverie v. Miles, 1 B. & Ad. 38; Loveridge v. Hodsoll, supra; Baddeley v. Gingell, 1 Ex. 319; Burns v. Carter, 5 Bing. 429; Curling v. Johnson, 3 Moore & Sc. 498. such streets and public places are often in a state dangerous to passengers, and frequently contain nuisances and obstructions which are offensive or injurious: And whereas it would materially tend to the remedying of such defects in the pavements, and such nuisances, if more summary means of compelling the speedy reparation of the pavements of such streets and public places, and of enforcing due regulations as to the various water and gas companies and commissioners of sewers, by whom the pavements of such streets and public places have been frequently displaced; and also if more adequate funds and authorities were given to the said several commissioners, trustees, and other persons having the superintendence and regulation of the pavements of such streets and public places; for which purposes, may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that Act to ex- this Act and the provisions herein contained shall extend to tend to all all streets and public places which are now paved, or which streets within the may be hereafter paved, within the cities of London and Westmetropolis minster and borough of Southwark, and any other parts of and the bills the metropolis which are included within the weekly bills of of mortality, and Pancras mortality, and to all streets and public places which are now paved, or which may be hereafter paved, within the parishes of Saint Pancras and Saint Marylebone, in the said county of Middlesex, except only any parts thereof which may be hereinafter particularly excepted (a). and Mary lebone. Certain housekeepers in any part of the metropolis may give notice to surveyors of any dan gerous or very de VI. And be it further enacted, that in case any person being the occupier of an inhabited dwelling house, situate in any parish or place also within the jurisdiction of this Act, and rated to the relief of the poor of such parish or place wherein such dwelling house shall be situate, at the sum of 501. at the least, for and in respect of such dwelling house, or in case any two persons being the occupiers of two several inhabited dwelling houses situate in any parish or place, parishes or fective paveplaces, also within the jurisdiction of this Act, and each of whom shall be rated to the relief of the poor of such parish ment, and shall require or place, parishes or places, wherein such dwelling houses the reparashall be respectively situate, at the sum of 251 at the least, for and in respect of their said respective dwelling houses, shall think that the pavement of any street or public place in any parochial or other district within the jurisdiction of this Act, or any part of such pavement, is in a state dangerous to passengers, or so very defective as to occasion serious incon tion thereof. (a) As to these exceptions, see 25 & 26 Vict. s. 73, note, p. 300, ante. venience to passengers and carriages, then and in every such case it shall and may be lawful to and for such one person alone, or for such two persons jointly, to prepare a notice, signed with his or their respective hand or hands, setting forth the number of his or their respective dwelling house or dwelling houses, and the street or public place, or streets or public places, wherein such dwelling house or dwelling houses is or are situate, and describing the part of the pavements of any stret or public place which he or they consider to be then dangerous to passengers, or so very defective as to occasion serious inconvenience to passengers and carriages, and also requiring the reparation thereof, and to address such notice to any person being a surveyor for the time being of the pavements of and within the parochial or other district wherein the part of any street or public place shall be situate, the pavement whereof shall then be dangerous to passengers, or so very defective as aforesaid, and to give such notice to any such surveyor, or to leave the same for him at the dwelling house or office within such parochial or other district, inscribed on the boards to be from time to time set up by the commissioners or trustees or other persons having the control of the pavements of and within such parochial or other district, pursuant to the directions of this Act. cause such VII. And be it further enacted, that every person from time Surveyors or to time hereafter being the surveyor of the pavements of any commisparochial or other district within the jurisdiction of this Act, sioners shall to whom shall be given or for whom shall be left a notice dangerous signed and prepared as before directed, of the dangerous or or defective very defective state as aforesaid of any part of the pavement of pavement to any street or public place in the parochial or other district in be repaired. and for which he shall then be a surveyor of pavements, shall forthwith inspect the part of the pavement described in such notice given to or left for him; and if the same or any part thereof shall really be in a state dangerous to passengers, or so very defective as to occasion serious inconvenience to passengers and carriages, and if the costs and charges of and about the repairing of such dangerous or very defective pavement will not exceed the sum of 21., he shall cause such pavement to be effectually repaired within three days after the day whereon such notice shall have been given to or left for him as aforesaid; and if the costs and charges of and about the repairing of such pavement will exceed the sum of 21., but will not exceed the sum of 107., then he shall cause such dangerous or very defective pavement to be effectually repaired within seven days after the day whereon such notice shall have been given to or left for him as aforesaid; and in either of such cases, such surveyor may and shall cause such pavements to be so effectually repaired by and of his own autho rity, and without any order or direction from the commissioners or trustees or other persons having the control of the pavements of the parochial or other district wherein he shall be appointed to act; and the costs and charges of such effectual reparation shall be paid by such commissioners or trustees or other persons having the control of the pavements of the parochial or other district wherein such dangerous or very defective pavement may be situate; but if it shall appear to the said surveyor, upon the inspection of the pavements described in any notice to be given to or left for him as aforesaid, that the same is really in a state dangerous to passengers, or so very defective as to occasion serious inconvenience to passengers and carriages, and that the costs and charges of and about the effectual reparation of such part of the said pavements as may then be in a state dangerous to passengers, or so very defective as to occasion serious inconvenience to passengers and carriages, will exceed the sum of 107., then and in every such case the said surveyor shall deliver a copy of the notice given to or left for him as aforesaid, to the clerk or clerks or other proper officer of the commissioners or trustees or other persons having the control of the pavements of such parochial or other district, within three days after such notice shall have been given to or left for him as aforesaid, and shall in writing require such clerk or clerks or other proper officer, duly to summon a general meeting of the commissioners or trustees or other persons having the control of the pavements of such parochial or other district, according to the usual custom of such clerk or clerks or other proper officer, or to the directions of the local Act or Acts of parliament under or by virtue whereof such commissioners or trustees or other persons having the control of the pavements of and in such parochial or other district, shall be appointed; and that such clerk or clerks, or other proper officer, within two days after he shall receive such notice and requisition from the said surveyor, shall summon or cause to be summoned a general meeting of the said commissioners or trustees, or other persons having the control of the pavements of and in such parochial or other district, to be held within four days then next, for the purpose of considering the notice given to or left for the surveyor appointed by them as aforesaid; and that the said commissioners or trustees, or other persons having the control of the pavements of such parochial or other district, or a suffi. cient number of them for the transaction of business, according to the provisions of the local Act or Acts of parliament under or by virtue of which they are or shall be appointed, shall assemble at their usual place of meeting pursuant to such summons, and shall then and there consider such notice so given to or left for the said surveyor of the pavements ot such parochial or other district; and if such part of the pave |