APPENDIX D.

Public Health Acts Amendment Act, 1907 (England and Wales and Ireland).

This Act, like the 1890 one, applies to England and Wales and Ireland (exclusive of the administrative county of London). Like it, it is adoptive by Order of the Local Government Board in London or Dublin (as the case may be) on the application of a local authority. Any part or any section of the Act may be put in force in that manner, excepting the three parts which refer to police, fire brigade, and sky signs (Sec. 3).

Part III., Sanitary Provisions, is the only part which concerns our subject, and where adopted the following provisions come into operation:

Any gutter or drain which causes damp in any building by reason of its insufficiency or its defective condition shall be deemed a nuisance under the Public Health Act, 1875, or 1878 (Ireland), as the case may be (Sec. 35).

Rain-water pipes are not to be used as soil pipes; nor are water or stack pipes to be used as a drain ventilating shafts, under penalties not exceeding £5 and a daily one of £2 in the former case; and in the latter (after fourteen days' notice from the authority) of £2 and £i respectively (Secs. 36 and 37).

The local authority may, on the report of the Surveyor, Medical-officer, or Inspector, duly authorised in writing by the authority (Sec. 41) give written notice to the owner of a building not provided with sufficient closet accommodation, and if such cannot be provided by the alteration of any existing closet accommodation, provided there are a sufficient water supply and sewer, to require the provision of sufficient water or slop closets.

If there are a sufficient water supply and sewer, the notice may require the conversion of existing closet accommodation (other than a water or slop closet) into either of such closets. In default of the work being carried out within the time specified in the notice, but not less than fourteen days after its service, the local authority may execute the same and recover the expenses incurred from the owner summarily

(Sec. 39). As regards a slop closet, the authority must satisfy the Local Government Board that the circumstances of the district call for the provisions of this section with respect to a slop closet.

Where the work has been carried out for the common benefit of two or more buildings belonging to different owners the expenses shall be payable by the owners in such proportions as shall be fixed by the authority's surveyor, or in case of dispute by a court of petty session (Sec. 41). Where any work of alteration is done by the authority in default of the owner in respect of a pail closet (including a moveable receptacle) (Sec. 39) such expense shall be borne by the authority. Similarly, in the case of any existing closet accommodation other than a pail closet, the expenses shall be borne as to half by them and the other half by the owner or owners, and shall be recoverable in a summary manner. The effect of this sub-section must be stated in every notice thereunder.

Any expenses incurred by a local authority, and recoverable summarily by them, may be declared private improvement expenses under Sec. 257 of the Public Health Act, 1875, and Sec. 229 of the Ireland Act, 1878 (Sec. 40).

The authority may, on the report of the Surveyor, Medical-officer, or Inspector that any building is unprovided with a proper sink or drain or other necessary appliances for carrying off refuse water, require such provision. The notice shall specify the manner and time (not less than twenty-eight days), in which the work is to be carried out, and in default the authority may execute the work and recover the expenses summarily as a civil debt from the owner or occupier, who shall also be liable to a penalty not exceeding £5, and a daily penalty not exceeding £2 (Sec. 49).

Drains considered by the Medical-officer, Surveyor, or Inspector on reasonable grounds to be defective and consequently dangerous or injurious to health may be tested by either of such officers duly authorised by the authority, and with the consent of the owner or occupier, or an order of a court of summary jurisdiction. He may test the drains by smoke or coloured water, or other similar test (not including a test by water under pressure). All reasonable facilities shall be given by the owner or occupier, in default of which he shall be liable to a penalty not exceeding £2, and to a daily penalty not exceeding 1 (Sec. 45). The authority may require existing drains to be laid open for examination by the surveyor before their connection with any of their sewers (Sec. 38).

In the event of the drains being found defective, the local authority may give the owner written notice requiring the execution of all necessary works within a reasonable time named therein. In default the work may be executed by the authority, and the expenses incurred are recoverable summarily, or as private improvement expenses (Sec. 45).

Where a cesspool or other receptacie used or formerly used for excreta or other obnoxious matter, or for the whole or any part of the drainage of a house, is in such a condition as to be prejudicial to health, or otherwise objectionable for sanitary reasons, in the opinion of the Medical-officer, Surveyor, or Inspector, and is so reported to the authority, the latter may serve a written notice requiring the owner or occupier of the house or part of a house in question, within a reasonable time specified therein, to cause such cesspool or receptacle to be filled up or removed, and any drain in connection to be effectually disconnected, destroyed, or taken away. If such cesspool or receptacle is used in common by the occupiers of two or more houses, or parts of houses, the notice shall be deemed to be properly served if delivered to any one or more of the owners or occupiers of such houses. In default the local authority may carry out the work, and recover the cost from the owners or occupiers summarily, or as private improvement expenses.

By Sec. 34 an important extension is made to Sec. 41 of the Public Health Act, 1875 (Sec. 51 of the Irish Act of 1878), which provided for the examination of any drain, water or earth closet, privy, ashpit, or cesspool, on the written complaint of any person to the authority that it was a nuisance or injurious to health ("but not otherwise "). This section, where in force, enacts that the provisions of Sec. 41 (or 51) shall have effect as if for the words ("but not otherwise "') there were substituted the words or where on the report in writing of their Surveyor or Inspector of Nuisances the local authority have reason to suspect that any such drain, water closet, earth closet, privy, ashpit, or cesspool is a nuisance or injurious to health."

Thereafter, the sections in question would provide for any sanitary officer, having the written authority of the Council, and after twenty-four hours' written notice to the occupier of such premises, or in case of emergency without notice to enter thereon and examine such drain, etc., the ground being opened, if necessary. If the drain, or closet, etc., is found to be in proper condition, he shall cause the ground to be closed as soon as can be, and the expenses of

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the works shall be defrayed by the person making the abovementioned written application. Otherwise the authority shall forthwith cause written notice to be given to the owner or occupier of the premises requiring him forthwith, or within a reasonable time therein specified to do the necessary works. In default the authority may, if they think fit, execute such works, and recover the costs from the owner summarily, or as private improvement expenses, and the person on whom the notice is served shall be liable to a maximum penalty of ten shillings for every day during which he makes default.

APPENDIX E.

The Burgh Police (Scotland) Acts, 1892 and 1903.

The 1892 Act applies to every existing burgh in Scotland, with the exception of Edinburgh, Glasgow, Aberdeen, Dundee, and Greenock, which have special Acts of their own, and to every burgh created under the Act, from the date when its creation is recorded in the Sheriff Court Books. Unless otherwise provided it repeals and supersedes all general or local Police Acts.

The Act of 1903 is in part optional. Part I., however, is applicable to all burghs, as set out above which are under the 1892 Act.

Part I. (General) comprises Register and other provisions as to streets, buildings, sewers, etc., as well as rating and borrowing powers, and miscellaneous provisions, including power to town commissioners, town councils of burghs, by the Town Councils (Scotland) Act, 1900, to oppose Bills and Provisional Orders.

In most burghs, as will be noticed, the law as regards the sewer assessments, and becoming security for the payment of interest, and the repayment of money borrowed for the execution of sewerage and drainage works, has been amended by the Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901.

The Burgh Police Act, 1892.

SOME DEFINITIONS.

The following definitions, contained in Part I. (Sec. 4 of this Act), as amended by Section 103 of the 1903 Act, will be useful in connection with these notes.

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Building" shall include any structure or erection of what kind or nature soever, whether temporary or permanent, and every part thereof excluding hoardings.

The words whether "temporary or permanent,

to the hoardings were added by the 1903 Act.)

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and as

'House," unless otherwise expressed, means dwellinghouses, out-houses and other erections, being pertinents of

the house.