FORM C. FORM OF ORDER BY JUSTICES COURT FOR ABATEMENT OR PROHIBITION OF NUISANCE. To the owner [or occupier] of [describe the premises] situated [give such description as may be sufficient to identify the premises], or to A.B. of WHEREAS on the complaint was made before day of Esquire, one of Her Majesty's justices of the peace acting in and for the county [or other jurisdiction] stated in the margin, that in or on certain premises or as the case may be].) [or as the case may be], by situated at in the district under the public Health Act, 1875, of [describe the local authority], the following nuisance then existed [describing it]; and that the said nuisance was caused by the act or default of the owner [or occupier] of the said premises [or was caused by A.B.] [If the nuisance has been removed, say, the following nuisance existed on or about [the day the nuisance was ascertained to exist], and that the said nuisance was caused, etc., and although the same is now removed, the same or the like nuisance is likely to recur on the same premises]. And whereas the owner [or occupier] within the meaning of the said Public Health Act, 1875, [or the said A.B.,] hath this day appeared before us [(or me) describing the court], to answer the matter of the said complaint [or in case the party charged do not appear, say, and whereas it hath been this day proved to our (or my) satisfaction that a true copy of a summons requiring the owner [or occupier] of the said premises [or the said A.B.] to appear this day before us [or me] hath been duly served according to the said Act. Now on proof here had before us [or me] that the nuisance so complained of doth exist on the said premises, and that the same is caused by the act or default of the owner [or occupier] of the said premises [or by the said A.B.], we [or I], in pursuance of the said Act, do order the said owner [or occupier, or A.B.], within [specify the time] from the service of this order or a true copy thereof according to the said Act [here specify any things required to be done or works to be executed, as, for instance, to provide for the cleanly and wholesome keeping of, or, to remove the animal kept so as to be a nuisance or injurious to health; or, for further instance, to cleanse, whitewash, purify, and disinfect the said dwelling house; or, for further instance, to construct a privy or drain, etc.; or, for further instance, to cleanse, or to cover, or to fill up the said cesspool, etc.], so that the same shall no longer be a nuisance or injurious to health as aforesaid. [And if it appear to the court that the nuisance is likely to recur on the premises say [And we] [or I] being satisfied that, notwithstanding the said cause or causes of nuisances may be removed under this order, the same is or are likely to recur, do therefore prohibit the said owner [or occupier, or A.B.,] from [here insert the matter of the prohibition, as, for instance, ] from using the said house or building for human habitation until the same, in our [or my] judgment, is rendered fit for that purpose]. In case the nuisance were removed before complaint, say, Now on proof here had before us [or me] that at or recently before the time of making the said complaint, to wit, on as aforesaid, the cause of the nuisance complained of did exist on the said premises, but that the same hath since been removed, yet, notwithstanding such removal, we [or I] being satisfied that it is likely that the same or the like nuisance will recur on the said premises, do hereby prohibit [order of prohibition]; and if this order of prohibition be infringed, then we [or I] [order on local authority to do works]. Given under the hands and seals of us, [or the hand and seal of me, describing the court]. This day of FORM F. ORDER OF JUSTICE FOR ADMISSION OF OFFICER OF LOCAL AUTHORITY. WHEREAS [describe the local authority] have by their officer [naming him] made application to me, A.B., one of Her Majesty's justices of the peace having jurisdiction in and for [describe the place], and the said officer has made oath to me that demand has been made pursuant to the provisions of the Public Health Act, 1875, for admission to [describe situation of premises so as to identify them], for the purpose of [describe the purpose, as the case may be,] and that such demand has been refused. Now, therefore, I, the said A.B., do herehy require you [name the person having custody of the premises], to admit the said [name the local authority], [or the officer of the said local authority], to the said premises, for the purpose aforesaid. Given, etc. (as in last form). FORM G. FORM OF NOTICE REQUIRING OWNER TO SEWER, ETC., PRIVATE To STREET. fronting, adjoining, or abutting on a certain street called within the district of [describe the local authority]. the owner of certain premises Whereas the said street is not sewered, levelled, paved, flagged, and channelled to the satisfaction of the above-named [local authority]; and whereas your said premises front, adjoin, or abut on certain parts of the said street which require to be sewered, levelled, paved, flagged, and channelled: Now, therefore, the said [local authority] hereby give you notice (in pursuance of the Public Health Act, 1875), to sewer, level, pave, flag, and channel the same within the space of [state the time] from the date hereof, in manner following: (that is to say) the sewers to be laid or made [here describe the mode to be adopted and material to be used], of the sizes and forms, and at the rate or rates of inclination shown on the plans and sections of the works as prepared by the surveyor of the [local authority]. Every gully for surface draining, and its connexion with the sewer, to be placed as shown on the said plans, and to be constructed of the forms, materials, and dimensions as shown on the said plans. A foundation for the carriageway and footway in the said street to be formed in the following manner [here describe the mode to be adopted and the material to be used], and the said carriageway and footway to be paved [here describe the mode to be adopted and the material to be used]. The channel stones to be [here describe the mode to be adopted and the material to be used]. The curb or side stones to be [here describe the mode to be adopted and the material to be used]. The whole of the above-mentioned works to be executed by you in accordance with the plans and sections herein before referred to, and now lying for inspection by you at the office of the [local authority], situate in street, in aforesaid, and the dimensions, widths, and levels shown thereon, and to be done in a good, workmanlike, and substantial manner, to the satisfaction of the said [local authority], or their surveyor. Dated this day of 18 Clerk to the said [local authority]. PUBLIC HEALTH ACTS AMENDMENT ACT, 1890. Part III of this Act has to be first adopted. Secs. 3, 16, 17, and 47 impose penalties for passing various injurious matters into public sewers. Sec. 21 empowers local authorities to enforce the proper cleansing and maintenance of the "walls, floors, seats, or fittings" of any sanitary convenience used in common by the occupiers of two or more separate dwellings, and renders each of them liable to a penalty of 10/-, and a daily penalty not exceeding 5/- for default. Sec. 23 extends sec. 157 of the Public Health Act, 1875, so as to empower every urban authority to make byelaws with respect to the following matters :— (1) The keeping waterclosets supplied with sufficient water for flushing: (2) The structure of floors, hearths, and staircases, and the height of rooms intended to be used for human habitation; (3) The paving of yards and open spaces in connection with dwelling houses; (4) The provision of secondary means of access in connection with the laying out of new streets. Any byelaws under sec. 157 as above extended with regard to the drainage of buildings, and to waterclosets, earthclosets, privies, ashpits, and cesspools in connection with buildings, and the keeping waterclosets supplied with sufficient water for flushing, may be made so as to affect buildings erected before the times mentioned in the said section. Sec. 24 prohibits the occupation of rooms over "privies" as dwellings or sleeping rooms or workrooms under a penalty of 40/-, and a daily penalty of 10/-. Sec. 25 prohibits building on sites made up of unhealthy deposits. Sec. 26 enables an urban authority to make byelaws for regulating or preventing the removal or carriage through the streets of any offensive or noxious matter or liquid. Sec. 26 provides that where any court or passage leading to the back of several buildings in separate occupations (and not being a highway repairable by the inhabitants at large) is not regularly and effectually swept and kept clean and free from rubbish or other accumulation to the satisfaction of the urban authority, the urban authority may, if they think fit, cause to be swept and cleaned such court or passage. The expenses thereof shall be apportioned between the occupiers of the buildings by the surveyor of the urban authority, subject to an appeal to petty sessions, and may be recovered summarily. Byelaws may be made to prevent buildings being altered in such a way that if at first so constructed they would have contravened the byelaws. Rural district councils are empowered to make certain series of byelaws without an order of the Local Government Board, as required by the Public Health Act, 1875. MODEL BYELAWS. [Wher: no clause is mentioned, the reference is to the Supplemental Byelaws under the Public Health Act, 1890. The figures as to thickness of walls and size of timbers, etc. (pp. 88-90), are subject to local modifica ions. Those given here are taken from the Richmond Byelaws, which are, on the average, about as stringent as any on these points]. NEW STREETS AND BUILDINGS. DEFINITIONS. Base, applied to a wall, means the underside of the course immediately above the footings. Topmost storey means the uppermost storey in a building, whether constructed wholly or partly in the roof or not, and whether used or constructed or adapted for human habitation or not. Party Wall means (a) A wall forming part of a building and being used or constructed to be used in any part of the height or length of such wall for separation of adjoining buildings belonging to different owners, or occupied or constructed or adapted to be occupied by different persons; or (b) A wall forming part of a building and standing in any part of the length of such wall to a greater extent than the projection of the footings on one side on grounds of different owners. External Wall means an outer wall of a building not being a party wall, even though adjoining to a wall of another building. Dwelling House means a building used or constructed or adapted to be used wholly or principally for human habitation. "Good Cement Concrete shall mean Width, applied to a new street, means the whole extent of space intended to be used measured at right angles to the course or direction of such street. at least one part of good Portland cement thoroughly incorporated with six parts of clean ballast and sharp sand." 'Good Mortar shall mean good lime and clean sharp sand or grit mixed in the proportion of one of lime to three of sand or grit." NEW STREETS. New Streets must have widths as follows Front Streets. Carriage roads (including all front streets over 100 feet long), minimum total width, 36 feet. Other front streets, minimum total width, 24 feet. Back Streets.-Width may be regulated by a byelaw under sec. 23 (1), 13 feet if under 100 yards long; [Clauses 4, 5, 6, and 6 (a)]. Construction of Streets.--Carriage roads must have— (a) Carriageway 24 feet wide; (b) Height of crown not less than 3% to 34 of an inch for every foot of width; (c) Footway not less than 16th total width of street; (d) Slope of footway, 1⁄4 to 1⁄2 of an inch for every foot of width; (e) Height of kerb above channel, between 3 and 7 inches; (f) Entrance at one end of the full width of street. [Clauses 7 and 8]. SITE. If any site has been filled up with any material impregnated with focal or animal or vegetable matter, it must be properly removed or excavated before building is allowed. [Clause 9]. The whole ground surface to be covered (a) With good bituminous asphalte, at least 1 inch thick, on a layer of good cement concrete, 3 inches thick; or (b) With a layer of good cement concrete, rammed solid, at least 6 inches thick. [Clause 10]. CONSTRUCTION OF BUILDINGS-WALLS. Foundations. Every wall must rest on proper footings. (1) The footings must rest on (a) Solid undisturbed gravel; or (b) Good concrete, not less than 12 inches in thickness; or (c) Some other solid sub-structure as a foundation. [Clause 16]. (2) At their widest part they must project half the thickness of the wall on either side of its base, and diminish in regular offsets upwards. (3) They must be equal in height to at least two-thirds of the thickness of the wall. [Clause 15]. Damp Course.-Every wall must have a proper damp course below the level of the lowest timbers, and not less than 6 inches above the surface of the ground adjoining. [Clause 17]. Basement Walls.-Walls below the surface of the ground shall be double, with an intervening cavity of 21⁄2 inches. [Proviso to Clause 17]. Materials for Walls must be of good bricks, stone, or other hard and incombustible material, properly bonded, and solidly put together with good mortar or with good cement, or with good cement and clean sharp sand or grit, mixed in the proportion of one of cement to five of sand or grit. [Clause 11]. Tile-hung Walls.-Detached or semi-detached houses of two or more storeys, 15 feet from other buildings, may have external walls of two topmost storeys made of timber framing, filled in with 41⁄2 inches of brickwork covered with "weather tiling," if the wall of the storey below is of the thickness required by the byelaws. Timber-framed buildings may only be erected on the following conditions (a) The building shall be at least 15 feet from any adjoining building not being in the same curtilage; (b) The timber framing shall be properly put together, and the spaces between completely filled in with brickwork; (c) A thickness of at least 41⁄2 inches shall be placed at the back of every portion of timber, and properly bonded to the brickwork between the timbers; (d) A block of not more than three houses may be constructed as above if separated by party walls projecting at least I inch in front of any timber framing in any adjoining external wall. [Proviso to Clause 11]. Walls must be plumb.--No part of a wall, except a mere architectural ornament or a proper corbel, shall overhang any part beneath it. [Clause 13]. Hollow walls may be constructed on the following conditions— (1) The cavity between shall not exceed 3 inches; (2) The inner and outer parts of the wall shall be securely tied with suitable bonding ties, not more than 3 feet apart horizontally, and 18 inches vertically; (3) The thickness of each wall shall be at least 41⁄2 inches; (4) All woodwork in the cavity shall be completely protected by a layer of material impervious to moisture. [Proviso to Clause 11]. The Height of Walls must be measured from the base to the highest part of the wall, or in the case of a gable, to half the height of the gable. [Clause 18]. The Length of Walls must be measured from the centre of one return wall to the centre of another. [Clause 18]. THICKNESS OF WALLS-(DOMESTIC BUILDINGS). [From Richmond Byelaws-slightly modified from Model Byelaws]. The Thickness of Walls must depend upon— (a) Their height and length; (b) The material of which they are constructed. |