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APPENDIX.

ing this Act.

XXIII. And be it enacted, that in citing this Mode of cit- Act in other Acts of parliament, and in legal instruments and other proceedings, it shall be sufficient to use the words "The Nuisances Removal and Diseases Prevention Act, 1848."

Act may be amended, &c.

XXIV. And be it enacted, that this Act may be amended or repealed in this present session of parliament.

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Or, in Scotland, to the procurator fiscal of the county of or to the procurator fiscal or dean of guild of or to the procurator fiscal of the jus

the burgh of —

tices of the county of

Or to the inspector of the poor of the parish of

the case may be] (a).

WE, the undersigned (b) land, householders] of

and residing at

or as

inhabitants [or, in Scot

[insert the parish or place],

in [insert the parish or place before

mentioned] aforesaid, do hereby give you notice, that to the best of our knowledge and belief

A dwelling house [or building] situate at No.

in

street in

aforesaid [or such other de

(a) See the form exhibiting analytically the several authorities to whom and the cases in respect of which notice may be given, post, p. 246.

(b) The commencement of the notice would more properly run thus:"We the undersigned — inhabitant householders of." The first section of the bill as it was originally brought into the House of Commons required a notice from two " inhabitants rated to the relief of the poor," and the second section (with respect to Scotland) required a notice from two "householders." Both sections were subsequently amended so as to require a notice from inhabitant householders in all cases, but by an oversight the form in the text was not altered accordingly. No practical inconvenience can result from the the literal adoption of the form in its present state, but it will be more correct to make the alteration suggested.

A corrected form is inserted at p. 246, post.

11 & 12 VICT. c. 123.

APPENDIX.

scription as may be sufficient to identify the premises] is in such a filthy and unwholesome condition as to be a nuisance to [or injurious to the health of] A.B., [or as the case may be];

[Or that upon certain premises situate at (inserting such a description as may be sufficient to identify the premises) there is a foul and offensive drain, ditch, gutter, privy, cesspool, or ashpit;

Or a drain, &c., kept or constructed so as to be a nuisance to
us, or to the occupiers of the premises adjoining the pre-
mises aforesaid, or as the case may be ;

Or that upon certain premises situate at, &c., swine, or an
accumulation of dung, manure, offal, filth, refuse, or mat-
ter, or as the case may be, are or is kept so as to be inju-
rious to our health, or to the health of A.B., or of the oc-
piers of the premises adjoining the premises aforesaid, or
of persons living in the neighbourhood, or of the persons
living in the premises aforesaid, as the case may be ;
Or that upon certain premises, &c. swine, &c. are kept so as
to be a nuisance to us, &c. as the case may be]:

And we hereby required (d) that you will cause such proceedings
to be taken as are directed in this behalf by the "Nuisances
Removal and Diseases Prevention Act, 1848."

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To the owner [or occupier] of a dwelling house [or building, or of certain premises], situate at [insert such a description as may be sufficient to identify the premises].

[or]

County of
borough, &c. of-
or metropolitan police
district, or as the case
may be]

to wit.

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the magistrates of the police courts of the metropolis holden

(d) So in the ingrossment; the word "required" has been written instead of "require." It is a mere clerical error and of no consequence whatever.

at

borough of

or as the case may be], by the town council of the 11 & 12 VICT. · [or as the case may be] (e),—

That a certain dwelling house [or building] situate at No. [or as the case may be] or such other description as may

in the parish of

in the county of]

be sufficient to identify the premises] is in such a filthy and unwholesome condition as to be a nuisance to or injurious to the health of A.B., or as the case may be: [Or that upon certain premises situate at (inserting such a description as may be sufficient to identify the premises) there is a foul and offensive drain, ditch, gutter, privy, cesspool, or ashpit, or a drain, &c., kept or constructed so as to be a nuisance to A.B., &c. (as the case may be):

Or that swine or an accumulation of dung, manure,

offal,

filth, refuse, or matter (or as the case may be), are or is
kept so as to be injurious to the health of A.B., or of the
occupiers of the premises adjoining the premises aforesaid,
or of persons living in the neighbourhood of the premises
aforesaid, or of persons living in the premises aforesaid,
or a nuisance to A.B., &c., as the case may be]:

These are therefore to require you to appear before two of her Majesty's justices of the peace [or one of the magistrates of the police courts of the metropolis, at the court holden at ] on the

day of

next, at the hour of

to answer the matter of the said complaint.

Given under my hand and seal, this

day of

in the year of our Lord one thousand eight hundred and

c. 123.

J. K. (L.S.)

SCHEDULE (C.)

Order of Removal of Nuisances, &c.

To the owner [or occupier] of the dwelling house [or building or premises] situate at No.

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in

street in the

[or such other descrip

(e) The cause of complaint will of course follow the notice given by the authorities to the owner or occupier upon the premises, for which see post, p. 247, and ante, p. 239.

M

APPENDIX. tion as may be sufficient to identify the premises] and (f)
To the town council of the borough of -
[Or to the guardians of the poor of the

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union, or of

in the county of

;

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the parish of Or, in Scotland, the procurator fiscal of the county of Or the procurator fiscal or dean of guild of the burgh ofOr the procurator fiscal of the justices of the peace of the county of

Or the inspector of the poor of the parish of

case may be];

as the

And to their servants or agents, and to all whom it may

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[Or before the undersigned, or J. K. esquire, one of the magistrates of the police courts of the metropolis, or as the case may be,]

by the town council of the borough of

in

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;

union, or of

-;

[Or, in Scotland, by the procurator fiscal of the county of
or by the procurator fiscal or dean of guild of the
or by the procurator fiscal of the jus-

burgh of
tices of the peace of the county of

;

Or by the inspector of the poor of the parish of
the case may be] (g);

That a dwelling house [or building] situate at No.

as

street in [the parish or place before mentioned] aforesaid, [or such other description as may be sufficient to identify the premises,] then was in such a filthy and unwholesome condition as to be a nuisance [or injurious to the health of] A. B., or as the case may be ;

(d) The authorities to whom the order is addressed will, of course, be those by whom the complaint is made. For an enumeration of all the authorities by whom proceedings may be taken, see the commencement of the form, post p.247.

(e) See the cases in respect of which an order may be made analytically enumerated, ante, p. 238, and post, p. 248.

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