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c. 123.

public bodies,

from two house

of any building, or of the exist

cause examina

removal of certain nuisances, and to enable the Privy Council to make 11 & 12 VICT. regulations for the prevention of contagious and epidemic diseases, will expire at the end of the present session of Parliament; and it is necessary that other provision should be made in lieu thereof; be it therefore enacted by the Queen'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 in In England and England and Ireland, upon receipt (or as soon afterwards as can be) by Ireland certain the Town Council, or by any trustees or commissioners for the drainage, upon receipt of paving, lighting, or cleansing, or managing or directing the police of any notice in writing city, town, borough, or place, or by any other body of a like nature, or holders, of the by any commissioners of sewers or guardians of the poor, or in Ireland by filthy condition the officers of health of any parish, of a notice in writing in the form contained in the schedule (A.) to this act annexed, or to the like effect, ence of certain signed by two or more inhabitant householders of the parish or place to nuisances, to which the notice relates, stating that, to the best of the knowledge and tion to be made; belief of the persons by whom such notice is signed, any dwelling-house or building in any city, town, borough, parish, or place within or over which the jurisdiction or authority of the town council, trustees, commissioners, guardians, officers of health, or other body to whom such notice is given, extends, is in such a filthy and unwholesome condition as to be a nuisance to or injurious to the health or any person, or that upon any premises within such jurisdiction or authority there is any foul and offensive ditch, gutter, drain, privy, cesspool, or ashpit, or any ditch, gutter, drain, privy, cesspool, or ashpit kept or constructed so as to be a nuisance to or injurious to the health of any person, or that upon any such premises swine, or any accumulation of dung, manure, offal, filth, refuse, or other matter or thing, are or is kept so as to be a nuisance to or injurious to the health of any person, or that upon any such premises (being a building used wholly or in part as a dwelling-house), or being premises underneath any such building, any cattle or animal are or is kept so as to be a nuisance to or injurious to the health of any person, such town council, trustees, commissioners, guardians, officers of health, or other body, or some committee thereof which may be temporarily or permanently appointed in this behalf by such town council, trustees, commissioners, guardians, officers of health, or other body, shall, after twentyfour hours' notice in writing, by delivering the same to some person on the premises referred to in such first-mentioned notice, or (if there be no person upon the premises who can be so served) by fixing the same upon some conspicuous part of such premises (or in case of emergency without notice) by themselves, their servants or agents, with or without medical or other assistants, enter such premises, and examine the same with respect to the matters alleged in such first-mentioned notice, and do all such works, matters, and things as may be necessary for that purpose; and if upon such examination, or upon the certificate in writing of two and if upon such legally qualified medical practitioners, it appear that any dwelling-house medical certifior building so examined is in such a filthy and unwholesome condition as cate, it appear aforesaid, or that upon any premises so examined there is any such ditch, &c. exists, public' gutter, drain, privy, cesspool, ashpit, swine, cattle, or animal, or any such body to make complaint before accumulation or other matter or thing as aforesaid, such town council, justice, who trustees, commissioners, guardians, officers of health, or other body, or shall summon such committee, shall make or cause to be made complaint before a the owner or justice, who shall thereupon issue a summons (which may be according appear before to the form contained in the schedule (B.) to this act annexed, or to the two justices; like effect) requiring the owner or occupier of the premises examined to appear before two justices to answer such complaint; and such summons shall be served by delivering the same, or a true copy thereof, to some person upon the premises in respect whereof complaint is made, or (if there be no person upon the premises who can be so served) by fixing such summons or copy upon some conspicuous part of such premises; and if at the time and place appointed by such summons it be proved to the

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examination, or a

that the nuisance,

a

occupier to

c. 123.

and who shall,

order him to

whitewash, &c., or remove the nuisance complained of;

11 & 12 VICT. satisfaction of such justices that any dwelling-house or building in respect whereof complaint is made is in such a filthy and unwholesome condition as aforesaid, or that any such cause or causes of complaint as aforesaid upon proof, &c., exists or exist, and (in case such owner or occupier do not appear) that such summons or copy was served as aforesaid, such justices shall make an order in writing under their hands and seals (which order may be according to the form contained in the schedule (C.) to this act annexed, or to the like effect) for cleansing, whitewashing, or purifying such dwelling-house or building, or for the removal or abatement of any such cause or causes of complaint, in such manner and within such time as shall be specified in such order (not being more than two clear days, exclusive of Sunday, after service of such order as hereinafter directed); and such order shall be forthwith served by delivering the same or a true copy thereof to some person upon the premises in respect whereof it is made, or (in case there be no person upon the premises who can be so served) by fixing such order or copy upon some conspicuous part of such premises; and if such order be not complied with the owner or occupier against whom it is made shall be liable to a penalty not exceeding ten shillings for every day during the continuance of his default, and the town council, trustees, commissioners, guardians, officers of health, or liable to penalties, other body mentioned therein, shall, by themselves, their servants or agents, or by such committee as aforesaid, their servants or agents, enter such last-mentioned premises, and cleanse, whitewash, or purify the same, or remove or abate the cause or causes of complaint in respect whereof the said order shall have been made, and do all such works, matters, and things as may be necessary for carrying such order into effect; and any dung, manure, offal, filth, or refuse, and any other matter or thing removed by any such town council, trustees, commissioners, guardians, officers of health, or other body as aforesaid, in pursuance of this enactment, may be destroyed or sold, and in case of sale the proceeds arising therefrom shall be paid to or (as the case may require) be retained by the guardians of the poor, and shall be by them applied in aid of the rate for the relief of the poor of the parish, electoral division, or place in which such removal shall have been made."

and if such order be not complied

with, the owner or occupier in default to be

and public body
to enter the
premises, and
do the works

ordered, or
remove the
nuisance.

In Scotland

certain public

officers, upon

in writing from two householders of the filthy

building, or of

to cause examination to be made;

Sect. 2. "And be it enacted, that in Scotland, upon or as soon as can be after notice in writing in the form contained in the schedule (A.) to receipt of notice this act annexed, or to the like effect, signed by two or more of the inhabitant householders of the parish or place to which the notice relates, made to the procurator fiscal of any county, or the procurator fiscal or condition of any the dean of guild of any royal burgh, or the procurator fiscal of the justhe existence of tices of the peace of any county, or the commissioners of police or trustees certain nuisances, for paving, lighting, or cleansing any city, town, burgh, parish, or place, or the inspector of the poor of any parish, stating that any dwelling-house or building within any royal burgh, or in any city, town, burgh, parish, or place, within or over which the jurisdiction or authority of any such procurator fiscal, or of such dean of guild, or commissioners of police, or trustees for paving, lighting, or cleansing, or inspector of the poor, extends, is in such a filthy and unwholesome condition as to be a nuisance to or injurious to the health of any person, or that upon any premises within such jurisdiction or authority there is any foul and offensive drain, ditch, gutter, privy, cesspool, or ashpit, or any drain, ditch, gutter, privy, cesspool, or ashpit kept or constructed so as to be a nuisance to or injurious to the health of any person, or that upon any such premises swine, or any accumulation of dung, manure, offal, filth, refuse, or other matter or thing, are or is kept so as to be a nuisance to or injurious to the health of any person, or that upon any such premises (being a building used wholly or in part as a dwelling-house), or being premises underneath any such building, any cattle or animal are or is kept so as to be a nuisance to or injurious to the health of any person, it shall be competent to any such procurator fiscal or dean of guild, or the proper officer of such commissioners of police or trustees, or such inspector of the poor respectively, after twenty-four

c. 123.

examination or

appear;

nuisance com

hours from the giving notice in writing by service thereof upon some 11 & 12 VICT. person on the premises referred to in such first-mentioned notice, or (if there be no person upon the premises who can be so served) by fixing the same upon some conspicuous part of such premises, or in case of emergency without notice, by himself or others acting under his authority, with or without medical or other assistants, to enter such premises, and examine the same with respect to the matters alleged in such first-mentioned notice, and do all such works, matters, and things as may be necessary for that purpose; and if upon such examination, or upon the and if upon such certificate in writing of two legally qualified medical practitioners, it ap- a medical certifipear that any dwelling-house or building so examined is in such a filthy cate it appear and unwholesome condition as aforesaid, or that upon any premises so that the nuisance examined there is any such drain, ditch, gutter, privy, cesspool, ashpit, body to make exists, public swine, cattle, or animal, or any such accumulation, or other matter or complaint before thing, as aforesaid, such procurator fiscal, dean of guild, officer, or in- the sheriff or a justice, who shall spector shall make, or cause to be made, complaint to the sheriff or order the owner magistrates or a justice, who shall thereupon order the owner or occupier or occupier to of the premises examined to appear before such sheriff or magistrates or two justices to answer such complaint; and such order shall be served by delivering the same, or a true copy thereof, to some person upon the premises in respect whereof complaint is made, or (if there be no person upon the premises who can be so served) by fixing such order or copy upon some conspicuous part of such premises; and if at the time and place and white wash and upon proof, appointed by such order it be proved to the satisfaction of such sheriff or ing, &c. or magistrates or justices that any dwelling-house or building in respect removal of the whereof complaint is made is in such a filthy and unwholesome condition plained of, to be as aforesaid, or that any such cause or causes of complaint as aforesaid ordered. exists or exist, and (in case such owner or occupier do not appear) that such order or copy was served as aforesaid, such sheriff or magistrates or justices shall make an order in writing under their hands (which order may be according to the form contained in the schedule (C.) to this act annexed, or to the like effect,) for cleansing, whitewashing, or purifying such dwelling-house or building, or for the removal or abatement of any such cause or causes of complaint, in such manner and within such time as shall be specified in such order (not being more than two clear days, exclusive of Sunday, after service of such order), and such last-mentioned order shall be forthwith served by delivering the same, or a true copy thereof, to some person upon the premises in respect whereof it is made, or, in case there be no person upon the premises who can be so served, by fixing such order or copy upon some conspicuous part of such premises; and if such order be not complied with, the owner or occupier If such lastagainst whom it is made shall be liable to a penalty not exceeding ten be not complied shillings for every day during the continuance of his default, and the with, owner or procurator fiscal, or dean of guild, or proper officer of the commissioners occupier in of police, or trustees or inspectors of the poor respectively, shall, by them- liable to penalselves or others acting under their authority, enter such last-mentioned ties, and the premises, and cleanse, whitewash, or purify the same, or remove or abate to enter premises, the cause or causes of complaint in respect whereof the said last-men- and do the works tioned order shall have been made, and do all such works, matters, and ordered, or things as may be necessary for carrying such order into effect, and any nuisance, dung, manure, offal, filth, or refuse, and any other offensive or noxious matter or thing removed in pursuance of this enactment, may be destroyed or sold, and in case of sale, the proceeds arising therefrom shall be paid to or (as the case may require) be retained by the parochial board for the management of the poor, and shall be by them applied in aid of the funds for the relief of the poor of the parish or place in which such removal shall have been made.'

mentioned order

default to be

public officers

remove the

owner or occupier

Sect. 3. "And be it enacted, that whenever any such order as aforesaid Recovery of for cleansing, whitewashing, or purifying any dwelling-house or building, costs, &c. from or for the removal or abatement of any such cause or causes of complaint of the premises. as aforesaid, has been obtained, all costs and expenses reasonably incurred

c. 123.

11 & 12 VICT. in obtaining such order, or in carrying the same into effect, shall be deemed to be money paid for the use and at the request of the owner or occupier of the premises in respect whereof such costs and expenses shall have been incurred, and may be recovered as such by the said town councils, trustees, commissioners, guardians, officers of health, or other body, or by the said procurators fiscal, deans of guild, commissioners of police, or trustees and inspectors of the poor respectively, as such, in any county court, civil bill court, or (in Scotland) before the sheriff or magistrates or justices of the peace; or such town council, magistrates, trustees, commissioners, guardians, officers of health, or other body, or procurators fiscal, deans of guild, or inspectors of the poor, may, if they shall think fit, recover such costs and expenses before two justices, or, in Scotland, before the sheriff or magistrates or two justices, from the owner or occupier of the premises in respect of which such order is made; and any two justices, or, in Scotland, the sheriff or magistrates, or any two justices, upon the application of any such town council, magistrates, trustees, commissioners, guardians, officers of health, or other body, or procurator fiscal, dean of guild, or inspector of the poor, shall issue a summons, or, in Scotland, an order, requiring such owner or occupier to appear before them, or before him or them, at a time and place to be named therein; and at the time and place so named, upon proof to the satisfaction of such justices, or such sheriff or magistrates or justices, that any such costs and expenses have been so incurred as aforesaid, and (in case such owner or occupier do not appear) that a copy of such last-mentioned summons or order was served by delivering the same to some person on the premises in respect of which the costs and expenses were incurred, or, if there be no person upon the premises who can be so served, by fixing the same upon some conspicuous part of such premises, such justices, or such sheriff or magistrates or justices, unless they think fit to excuse the party summoned upon the ground of poverty or other special circumstances, shall, by order in writing, in England or Ireland, under the hands and seals of such justices, or, in Scotland, under the hands of such sheriff or magistrates or justices, order him to pay the amount to the applicants, together with the costs attending such application and the proceedings thereon; and if the amount be not paid within seven days after demand, the same may, by warrant under the hands and seals of the same or any other two justices, or, in Scotland, under the hands of the sheriff or magistrates or justices, by whom the last-mentioned order shall have been made, or any other two justices, be levied by distress and sale of the goods and chattels of the owner or occupier in default; and if no distress sufficient to satisfy the same can be found within the jurisdiction of the justices, or of the sheriff or magistrates or justices, by whom such warrant shall have been issued, and it so appear upon oath before two justices, or, in Scotland, before the sheriff or magistrates or two justices, of any other county or jurisdiction in which any goods or chattels of the defaulter may be, such last-mentioned justices, or sheriff or magistrates or justices, shall indorse their or his signatures or signature upon the last-mentioned warrant, and thereupon the amount to be levied, or so much thereof as may be unsatisfied, shall be levied of the last-mentioned goods and chattels, in the same manner as if such warrant had been originally and properly issued by the justices, or by the sheriff or magistrates or justices, of such last-mentioned county or jurisdiction."

Certain expenses Sect. 4. "And be it enacted, that all costs and expenses reasonably of this act to be incurred as aforesaid in carrying into effect any of the provisions hereindefrayed out of poor's rates, &c. before contained, and not recovered from any owner or occupier of the premises in respect of which such expenses shall have been incurred, shall, upon an order in writing, specifying the sum to be paid, under the hands and seals of two justices, or, in Scotland, under the hands of the sheriff or magistrates or two justices (who are hereby required to make such order, upon proper application in this behalf,) be retained, paid, or defrayed by the treasurer of such guardians or parochial board, or by the

c. 123.

overseers of the poor, or other proper officers or persons, out of the funds 11 & 12 VICT. in their hands applicable to the relief of the poor, and shall be charged to the parish, electoral division, or place maintaining its own poor, in which the premises in respect whereof such costs and expenses shall have been so incurred are situated, and in other places in England or Ireland out of any public rates or funds raised in such places, or applicable thereto under the authority of Parliament, or in case there be no such rates or funds as last aforesaid, then out of the funds for the relief of the poor of the parish, electoral division, or place nearest adjoining, or if there be two or more parishes or places nearest adjoining, out of the funds for the relief of the poor of such one of them as two justices shall, by order in writing under their hands and seals, appoint: and in case any such costs or expenses shall have been incurred on account or in respect of any parish in Scotland in which it shall happen that there is not at the time an assessment for the relief of the poor imposed or levied, then the same shall be paid or defrayed out of an assessment to be imposed and levied for that purpose, and to the extent necessary, under and in the manner provided by an act of the ninth year of Her Majesty's reign, for the Amendment and Better 8 & 9 Vict. c. 88. Administration of the Laws relating to the Relief of the Poor in Scotland; and if any such treasurer, overseers, or officers or persons, neglect or refuse to pay the sum specified in any order of justices, or of any sheriff or magistrates, made under this enactment, for the space of twenty-one days after the date of such order, the same may, by warrant under the hands and seals of the same or any other two justices, or, in Scotland, under the hands of the sheriff or magistrates or any two justices, by whom such order shall have been made, or any other two justices, be levied by distress and sale, together with the costs of such distress and sale, of the goods and chattels of the treasurer, overseers, or other officers or persons in default."

not to apply to

the Public Health

Sect. 5. "Provided always, and be it enacted, that nothing herein- Above provisions before contained shall apply to any district, parish, or place in which the districts and Public Health Act, 1848, or any part thereof, shall be in force, unless and places in which except in so far as the General Board of Health, by order in writing, Act is in force. sealed with the seal of such board, and signed by two or more members thereof, or (in case there be no such board in existence) as one of Her Majesty's principal Secretaries of State, by order in writing under his hand, shall otherwise direct: provided also, that nothing in this act shall Jurisdiction of be construed to impair, abridge, or take away any power, jurisdiction, or authority which may at any time be vested in any commissioners of sewers, be impaired. or to take away or interfere with any course of proceeding which might be resorted to or adopted by such commissioners if this act had not been passed."

commissioners of sewers not to

cleanse open

5 & 6 Vict. c. 50.

Sect. 6. "And whereas by an act passed in the sixth year of the reign Surveyor of highof King William the Fourth, for consolidating and amending the laws ways required to relating to highways in England, the surveyor and district surveyor or ditches adjoining assistant surveyor therein mentioned are empowered to scour, cleanse, highways, &e. and keep open all ditches, gutters, drains, or watercourses; and by an act 8 & 9 Vict. c. 41. passed in the ninth year of Her Majesty's reign, for amending the laws concerning highways, bridges, and ferries in Scotland, the trustees or surveyors therein mentioned are empowered to cleanse the ditches made or to be made along the sides of any highway, in case of the neglect or refusal of the proprietor or occupier to cleanse such ditches when duly required so to do by such trustees or surveyors; and with a view to the more effectual removal of nuisances injurious to health it is expedient that such surveyor, district surveyor, or assistant surveyor, trustees or surveyors, should not only be empowered but required to scour, cleanse, and keep clear, or cause to be scoured, cleansed, and kept clear, as far as may be practicable, all open ditches, gutters, drains, and watercourses upon, adjoining, or by or along the sides of any highway: be it therefore enacted, that the said surveyor, or district or assistant surveyor, trustees or surveyors, shall scour, cleanse, and keep clear, or cause to be scoured, cleansed, and kept clear, as far as may be practicable, all open ditches,

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