1848. PUBLIC ing into effect the provisions of the said Act in this, to wit, HEALTH ACT that he the said C. D. doth prevent the said A. B. from [here describe the works generally, according to circumstances, for Schedule (F.) instance, thus: constructing and laying down, in connexion with the said house, a covered drain, so as to communicate with a (sewer or drain) of the local board of health of the district of (or a sewer, &c. which the local board of are entitled to use, as the case health of the district of Given under my hand and seal, this day of in the year of our Lord one thousand eight hundred and E. F. (L. s.) APPENDIX. NUISANCES REMOVAL AND DISEASES PREVENTION ACT, 1848, 11 & 12 VICT. CAP. 123. An Act to renew and amend an Act of the tenth year of Her present Majesty, for the more speedy removal of certain Nuisances, and the prevention of contagious and epidemic Diseases. [4th September, 1848.] c. 96. WHEREAS an Act passed in the tenth year of Her 9 & 10 Vict. Majesty's reign, for the more speedy removal of certain nuisances, and to enable the privy council to make 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 (a) 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 (a) The word "in" was accidentally omitted in a very few of the first copies printed by the Queen's printer. APPENDIX. of the same, that (a) in ENGLAND and IRELAND,— In England Upon receipt (or as soon afterwards as can be)— and Ireland certain public bodies, &c. upon receipt of notice in writing from holders, By the town council,—or by any trustees or commissioners for the drainage, paving, lighting, or cleansing, or—managing or directing the police, -of any city, town, borough, or place, or by any other body of a like nature, or by any commissioners of sewers-or guardians of the poor, or (in Ireland) by the officers of health of any parish, Of a notice in writing in the form contained in the two house- schedule (A.) to this Act annexed, or to the like effect, signed by two or more inhabitant householders of the parish or place to which the notice relates, stating that, of the filthy condition of any building; (To the best of the knowledge and 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 of any person (b),— (a) See the City of London Sewers Act, 1848, s. 77. This and the following section require the reformation of imperfect house drains and ditches upon private premises; but they neither authorize or require the construction of, or the expenditure of money upon, sewers or main drains, or other works of a public nature. For these recourse must be made to the Public Health Act, ante, pp. 74-80, and 83-87; or (in the metropolitan district) to the powers vested in the metropolitan commissioners of sewers, or in the commissioners of sewers for the city of London. (b) See Public Health Act, 1848, s. 60 ante, p. 99. c. 123. or of any offensive drains, &c.— or of any drains, &c. Or that upon any premises within such jurisdiction 11 & 12 VICT. or authority there is any foul and offensive ditch, gutter, drain, privy, cesspool, or ashpit (c), foul and 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 (c),Or that upon any such premises swine (d), or any or of any accumulation (e) of dung, manure, offal, filth, cumulation 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,— swine or ac of matter, animal in or lings, &c. be a nuisance Or that upon any such premises (being a building or of any used wholly or in part as a dwelling house, or under dwelbeing premises underneath any such building), any cattle or animal are or is kept so as to be kept so as to a nuisance to or injurious to the health of any to any perperson,Such town council, trustees, commissioners, guar- by themdians, officers of health, or other body, son, &c. selves, or by a committee by them, Or some committee thereof which may be tem- appointed porarily or permanently appointed in this behalf by such town council, trustees, commissioners, guardians, officers of health, or other body, shall, four hours' the premises, After twenty-four hours notice in writing, by de- after twentylivering the same to some person on the pre- notice upon mises 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 (c) Id. s. 54, and pp. 91, 92; s. 58, p. 96; s. 59, pp. 97, 98. (d) See Public Health Act, 1848, s. 59, ante, p. 97. (e) Id. s. 59, ante, p. 98. cause examination to be made; APPENDIX. 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 exami medical cer tificate, it appear that the matters stated in the notice are true), And if upon such examination, or upon the cernation, or a tificate in writing of two legally qualified medical practitioners, it appear that any dwelling house or building so examined is in such a filthy and unwholesome condition as aforesaid, or that upon any premises so examined there is any such ditch, gutter, drain, privy, cesspool, ashpit, swine, cattle, or animal, or any such accumulation or other matter or to make com- thing as aforesaid, such town council, trustees, coma justice, who missioners, guardians, officers of health, or other body, or such committee, shall make or cause to be Occupier to made complaint before a justice, who shall thereupon two justices; issue a summons (which may be according to the form contained in the schedule (B.) to this Act annexed, or to the like effect,) requiring the owner or occupier of the premises examined to appear before two justices to answer such complaint; plaint before shall sum mon the owner or appear before summons to be served on the premises; and such justices shall, 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 upon proof, summons it be proved to the satisfaction of such justices that any dwelling house or building in respect &c. whereof complaint is made is in such a filthy and unwholesome condition as aforesaid, or that any such |