Surveyor of Highways, &c. to Cleanse Ditches, &c. 223 c. 123. the Public force, unless and except in so far as the general 11 & 12 VICT. board of health, by order in writing, sealed with the seal of such board, and signed by two or more Health Act members thereof, or (in case there be no such board is in force. in existence) as one of Her Majesty's principal secretaries of state, by order in writing under his hand, shall otherwise direct (); of commis sewers not paired. Provided also, that nothing in this Act shall be Jurisdiction construed to impair, abridge, or take away any sioners of power, jurisdiction, or authority which may at any to be imtime be vested in any commissioners of sewers, 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 (m). 5 & 6 W. 4, c. 50, and 8 & 9 Vict. with respect to the per power of highways, cleanse VI. And whereas by an Act passed in the sixth Recital of year of the reign of King William the Fourth, for consolidating and amending the laws relating to c. 41. highways in England, the surveyor and district surveyor or assistant surveyor therein mentioned missive are empowered to scour, cleanse, and keep open all surveyors of ditches, gutters, drains, or watercourses; and by an &c. to Act passed in the ninth year of Her Majesty's reign, ditches, &c. for amending the laws concerning highways, bridges, and Scotand ferries in Scotland, the trustees or surveyors land. 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 (1) This proviso was inserted for the purpose of avoiding a conflict of jurisdiction. (m) See the Metropolitan Sewers Act (11 & 12 Vict. c. 112), s. 69; and the City of London Sewers Act, 1848, s. 77, &c. in England APPENDIX. 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 : Surveyor of highways, &c. in Eng land and Scotland required to cleanse open ditches adjoining highways, &c. Application of proceeds arising from sale of sewage, &c. This section to be deemed Will. 4, c. 50, and 8 & 9 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, gutters, drains, and water-courses upon, adjoining, or by or along the sides of any highway (n): And any sewage, drainage, soil, filth, or other matter or thing whatsoever which shall be removed by any such surveyor, district or assistant surveyor, trustees or surveyors, from any such ditch, gutter, drain, or watercourse, in scouring, cleansing, and keeping clear the same, shall be disposed of by such surveyor, assistant or district surveyor, trustees or surveyors, and the proceeds arising therefrom shall be applied towards the repair of the highway within the parish or place in which such removal shall have taken place: And the provisions hereinbefore contained with part of 5 & 6 respect to ditches, gutters, drains, and watercourses upon, adjoining, or by or along the sides of highways, shall, in so far as the same relate to England, be deemed to be part of the said Act relating to highways in England, and in so far as the same re Vict. c. 51. (n) See the Metropolitan Sewers Act (11& 12 Vict. c. 112), 8.52. c. 123. late to Scotland, shall be deemed to be part of the 11 & 12 VICT. said Act relating to highways in Scotland. into open new houses VII. And be it enacted, that whosoever shall Drainage suffer any sewage, drainage, soil, filth, or any matter ditches from or thing of a noxious or offensive nature, to run or or waterflow into or to remain in any open ditch, gutter, misdemeadrain, or watercourse, so as to be a nuisance to or injurious to the health of any person, From any dwelling-house, building, or other premises which shall not have been occupied before the passing of this Act, closets, a nor, &c. hibited im- under pecu Or from any privy or water-closet which shall not have been constructed before that time,— Shall be deemed guilty of a misdemeanor, or (in and proScotland) of an offence punishable by fine or prisonment, and shall, in addition, be liable, for ties. every such offence, to a penalty not exceeding five pounds for every day during which the offence is continued. niary penal given to board of in Ireland to commissioners of VIII. And be it enacted, that whenever it is in- Notice to be tended to build or open any hospital for the recep- general tion of patients afflicted with contagious or infectious health, or diseases or disorders, the trustees or other persons by whose authority such hospital is intended so to be built or opened as aforesaid shall give notice of such intention to the said general board of health, or (in certain hosIreland) to the commissioners of health hereinafter mentioned; health, of intention to build or open pitals, &c. hospitals not And no such hospital shall be built or opened and such as aforesaid until the said general board of health to be opened, or commissioners of health, as the case may be, have approved thereof in writing; but nothing herein &c. without approval. APPENDIX. contained shall apply to the building or opening of any addition to a building which shall have been used as a hospital previously to such addition. Privy council, &c. em powered to for putting issue orders IX. And whereas it is expedient that when any part of the united kingdom shall appear to be threatened with or affected by any formidable epidemic, endemic, or contagious disease, measures of precaution should be taken with promptitude, according to the preven- the exigency of the case:— in force the provisions of this Act relative to tion of epidemic diseases, &c. Be it therefore enacted, that (in Great Britain) the lords and others of Her Majesty's most honourable privy council, or any three or more of them (the lord president of the council, or one of Her Majesty's principal secretaries of state, being one), and (in Ireland) the lord lieutenant or other chief governor or governors and privy council of Ireland, may, by order or orders to be by them from time to time made, direct that the provisions hereinafter contained for the prevention of epidemic, endemic, and contagious diseases, be put in force in Great Britain and Ireland respectively, or in such parts thereof or in such places therein respectively as in orders may such order or orders respectively may be expressed, and may from time to time, as to all or any of the parts or places to which any such order or orders may extend, and in like manner revoke or renew any such order; and, subject to revocation and reat one time. newal as aforesaid, every such order shall be in force for six calendar months, or for such shorter period as in such order shall be expressed (o). be amended, &c. not to be made for more than six months (0) The provisions for the prevention of epidemic, endemic, and contagious diseases are now in force throughout the whole of Great Britain, for six calendar months from Sept. 28, 1848, X. And be it enacted, that from time to time after 11 & 12 VICT. c. 123. general board of directions tions, the issuing of any such order as last aforesaid, and After order whilst the same shall continue in force, the general by privy board of health (in Great Britain) under the seal council, of the said board, and the hands of two or more health, &c., members thereof (p), and (in Ireland) the commis- may issue sioners of health for the time being, under the hands and regulaof two or more of them, may issue such directions and regulations as the said board or last-mentioned commissioners (as the case may be,) shall think fit for the prevention, as far as possible, or mitigation, of such epidemic, endemic, or contagious diseases, and from time to time, in like manner, revoke, renew, and alter any such directions or regulations, or substitute such new directions and regulations as to the said board or last-mentioned commissioners may appear expedient; and the said board or lastmentioned commissioners, as the case may be, may by such directions and regulations provide, frequent highways, For the frequent and effectual cleansing of streets for the and public ways and places by the surveyors, cleansing of district or assistant surveyors of highways, &c.; trustees, county surveyors, and others by law intrusted with the care and management thereof, or by the owners and occupiers of houses and tenements adjoining thereto; and— and dis For the cleansing, purifying, ventilating, and for cleansing disinfecting of houses, dwellings, churches, infecting buildings, and places of assembly, by the owners &c.; or occupiers and persons having the care and under an order of Her Majesty's Privy Council bearing date on that day. (p) Several directions and regulations issued by the General Board under this enactment are now in force. |