c. 123. Directions of

And every such direction and regulation as afore- 11 & 12 VICT. said when issued in Great Britain shall be published in the "London Gazette" and in the "Edinburgh Gazette," and when issued in Ireland, in the "Dublin to be pubGazette:"

general

board, &c.

blished in

Gazette.

to be evi

And such publication of any such order, direc- Publication tion, or regulation shall be conclusive evidence of dence. the order, direction, or regulation so published, to all intents and

purposes.

XVI. And be it enacted, that

Penalties for

obstructing

in the

Whosoever shall wilfully obstruct any person acting officers, &c, under the authority or employed in the execu- execution of tion of this Act,—

this Act;

directions,

Or who shall wilfully violate any direction or or violating regulation issued by the general board of &c. health, or such commissioners of health as aforesaid, under this Act,-.

Shall be liable for every such offence to a penalty not exceeding five pounds:

upon occu

cution of

And if the occupier of any premises prevent the Penalties owner thereof from obeying or carrying into effect piers prethe provisions of this Act, any justice, or (in Scot- venting exeland) the sheriff or any justice, to whom application works, &c. is made in this behalf, shall by order in writing (which may be according to the form contained in the Schedule (D.) to this Act annexed, or to the like effect,) require such occupier to permit the execution of the works required to be executed, provided that such works appear to such sheriff or justice to be necessary for the purpose of obeying or carrying into effect the provisions of this Act; and if within a reasonable time after the making of such order the occupier against whom it is made refuse to comply therewith, he shall be liable to a

APPENDIX. penalty not exceeding five pounds for every day afterwards during the continuance of such refusal.

Recovery of penalties in England or Ireland before two justices;

XVII. And be it enacted, that penalties imposed by this Act for offences committed in England or Ireland be recovered by any person may before any two justices, and may be levied by distress and sale of the goods and chattels of the offender, together with the costs of such distress and sale, by warrant under the hands and seals of the justices before whom the same shall be recovered, or any other two justices; and in case it shall appear to the satisfaction of such justices, before or after the issuing of such warrant, either by the confession warrant may of the offender or otherwise, that he hath not goods and chattels within their jurisdiction sufficient to satisfy the amount, they may commit him to any gaol or house of correction for any time not exceeding fourteen days, unless the amount be sooner paid, in the same manner as if a warrant of distress had issued and a return of nulla bona had been made thereon:

in case no sufficient distress in original jurisdiction,

be backed,

&c.

Recovery of penalties in Scotland before two justices;

And penalties imposed by this Act for offences in Scotland may be recovered by the procurator fiscal of the court, or by any other before person, the sheriff or two justices, who may proceed in a summary way, and grant warrant for bringing the parties complained upon immediately before him or them, and on proof on oath by one or more credible witness or witnesses, or other legal evidence, he or they may forthwith determine and give judgment, without any written pleadings or record of evidence, &c. unneces- and grant warrant for the recovery of the penalties sary. and expenses decerned for, and, failing payment

written

pleadings,

c. 123.

within eight days after conviction, by poinding, and 11 & 12 VICT. imprisonment for a period, at the discretion of the sheriff or justices, not exceeding fourteen days:

of penalties.

And all penalties whatsoever recovered under this Application Act shall be paid to or (as the case may require) be retained by the guardians of the poor, or, in Scotland, the parochial board for the management of the poor, and shall be by them applied in aid of the rates or funds for the relief of the poor of the parish, electoral division, or place in which the penalties may have been incurred.

any

One or more of several

or occupiers

XVIII. And be it enacted, that in case of demand or complaint under this Act to which two joint owners or more owners or occupiers of premises may be may be projointly answerable, it shall be sufficient to proceed against alone; against any one or more of them, without in any manner proceeding against the others or other of them;

ceeded

to contri

But nothing herein contained shall prevent the but subject parties so proceeded against from recovering con- bution. tribution in any case in which they would now be entitled to contribution by law.

to describe

Occupier by name in certain cases.

XIX. And be it enacted, that wherever in any Unnecessary proceeding under this Act, whether written or other- owner or wise, it shall become necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the "owner" or "occupier" of such premises, without name or further description.

not to be

XX. And be it enacted, that no order, nor any Proceedings other proceeding, matter, or thing done or trans- quashed for acted in or relating to the execution of this

Act,

want of form.

APPENDIX. shall be vacated, quashed, or set aside for want of form, or be removed or removable by certiorari, or by suspension or advocation, or other writ or process whatsoever, into any of the superior

Proceedings

commenced

courts.

XXI. And be it enacted, that all proceedings under 9 & 10 whatsoever commenced or taken or to be commenced or taken under the said first-recited Act of the tenth

Vict. c. 96, may be enforced, al

Act has

expired.

though that year of Her Majesty's reign, and which shall not have been completed and enforced, whilst the lastmentioned Act continues in force, may be proceeded with and enforced under the provisions of that Act, although such provisions be no longer in force, in the same manner in all respects and to all intents and purposes as if the same continued to be in force, and as if the said last-mentioned Act had not expired.

Interpretation of terms:

"Justice" and "justices":

"Two jus

tices":

XXII. And be it enacted, that in this Act the following words and expressions shall have the meanings hereinafter assigned to them, unless such meanings be repugnant to or inconsistent with the context; (that is to say),

The words "justice" and "justices" shall mean a justice or justices of the peace acting for the place where the matter or any part of the matter, as the case may be, requiring the cognizance of the "justice" or "justices arises: The expression" two justices" shall mean two or more justices assembled and acting together, or one stipendiary or police magistrate acting in any police court for the place in which the matter or any part of the matter, as the case

c. 128.

may be, requiring the cognizance of "two 11 & 12 VICT. justices," arises:

The word "sheriff" shall mean the sheriff of any "Sheriff ": connty or place in Scotland where the matter requiring the cognizance of the "sheriff" arises, and shall include the sheriff substitute;

The word "magistrates'

"Magis

trates":

of the poor":

shall mean the magistrates of any royal burgh in Scotland where the matter requiring cognizance arises: The words "guardians of the poor guardians of the poor" and the "Guardians words " parochial board" shall mean the guardians, directors, wardens, governors, paro- "Parochial chial board, or other like officers having the management of the poor for any union, parish, combination, or place where the matter requiring the cognizance of any such officers arises:

Board":

The word "street" shall include every highway, "Street": road, square, row, lane, mews, court, alley, and passage, whether a thoroughfare or not:

The word "owner" shall mean any person re- "Owner": ceiving the rents of the property in respect of which that word is used from the occupier of such property, on his own account, or as trustee or agent for any other

person, or who would receive the same if such property were

let to a tenant:

The word "person," and words applying to any “Person”: person or individual, shall apply to and include corporations, whether aggregate or sole:

And words and expressions importing the singular Number: number shall include the plural number :

And words importing the masculine gender shall Gender. include females.