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c. 63.

of default

penalty, and

examination was made, requiring him forthwith, 11 & 12 V tcr. or within such reasonable time as shall be specified in such notice, to do the necessary works (t);

And if such notice be not complied with, the person and in case to whom it is given shall be liable to a penalty not owner or exceeding ten shillings for every day during which liable to he continues to make default, and the said local local board board may, if they shall think fit, execute such the works at works, and the expenses incurred by them in so doing shall be recoverable by them from the owner in a summary manner, or, by order of the said local board, shall be declared to be private improvement expenses, and be recoverable as such in the manner hereinafter provided (u).

the expense of either of them.

Cleansing,

LV. And be it enacted, that the local board of Surface health shall from time to time and at all convenient 8c. times provide that all streets within their district, Steensed, bec. including the foot pavements thereof, are properly board. swept, cleansed, and watered, and that all dust, ashes, rubbish, filth, dung, and soil thereon are collected and removed (v):

(t) These provisions are adopted in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 49,) and by s. 146 of the same Act, they may be put in force within the city of London by the city commissioners of sewers. Provisions for similar purposes are to be found in the City of London Sewers Act 1848, ss. 58, 70, 71, 72, 73. See also the Nuisances Removal and Diseases Prevention Act, 1848, ss. 1, 5, post, p. 209-213, 222.

(u) See s. 49, note (f ), ante, p. 82.

(v) See provisions to the same effect in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 51), and in the City of London Sewers Act, 1848, ss. 82, 85, 147, 149, 150.

PUBLIC HEALTH ACT

1848.

Bye-laws as
to removal
of filth,
manure, &c.;

And they may make bye-laws (w)-
With respect to the removal by the occupier, or (in

case of his default) by the said local board, of
dust, ashes, rubbish, filth, manure, dung, and
soil collected, placed, or found in or about any
house, stable, cowhouse, street, or place what-
soever, and for preventing the deposit thereof
in or by the side of any street, or so as to be a

nuisance to any person ;And with respect to the times and manner of

cleansing and emptying waterclosets, privies, and cesspools (x).

and as to cleansing privies, &c.

Local board may provide receptacles for dust, and places for sewage, &c.

LVI. And be it enacted (y), that the local board of health may, in their discretion, provide, in proper and convenient situations, boxes or other conveniences for the temporary deposit and collection of dust, ashes, and rubbish (z), and also fit buildings and places for the deposit of the sewage, soil, dung, filth, ashes, dust, and rubbish collected by such board

;

(w) As to the making of bye-laws in general, see s. 115, post, pp. 163–165.

(x) These powers are in accordance with the thirteenth recommendation of the commissioners for inquiring into the state of large towns, &c. (Second Report, p. 50). See also City of London Sewers Act, ss. 103, 114. The section in the text is framed upon ss. 87, 94, 97, 98 of the Towns Improvement Clauses Act, 1847.

(y) This section is framed upon ss. 90-92 of the Towns Improvement Clauses Act, 1847.

(2) A similar clause will be found in the City of London Sewers Act, 1848, s. 148.

c. 63.

Sewage, &c.

the board to

benefit of the district.

And all sewage, soil, dung, filth, ashes, dust, and 11& 12 Vict. rubbish so collected by the said local board, or in any convenience provided as aforesaid, shall be collected by vested in and be sold and disposed of by such betology board, and the proceeds thereof shall be carried to the district fund account herein-after mentioned (a);

And whosoever, without the consent (6) of the said local board, collects or removes any sewage, soil, Penalty for dung, filth, ashes, dust, or rubbish belonging to their sewage, them, shall for every such offence be liable to a consent. penalty not exceeding forty shillings (c).

&c. without

may provide

necessaries.

LVII. And be it enacted (d) that the local board Local board of health may, if they think fit, provide and main- public tain, in proper and convenient situations, waterclosets, privies, and other similar conveniences for public accommodation, and defray the necessary expenses out of the district rates (e) to be levied under this Act.

(a) Sect. 87, post, p. 136. This is in conformity with the thirteenth recommendation of the commissioners for inquiring into the state of large towns. See similar provisions in the Metropolitan Sewers Act, s. 58; and in the city of London Sewers Act, s. 83.

(6) All consents must be in writing, s. 149, post, p. 200.

(c) As to the recovery and application of penalties, see ss. 129, 133, pp. 181, 185.

(d) See also the Metropolitan Sewers Act, s. 53; the city of London Sewers Act, 1848, s. 104 ; and the Towns Improvement Clauses Act, 1847, s. 93.

(e) There are two district rates, the special district rate and the general district rate ; the expenses of permanent works are to be charged upon the former, those of temporary works upon the latter. See ss. 86, 87, pp. 134, 136.

PURLIC HEALTH ACT

1848.

Local board to see that

are cleansed or covered.

And to require persons

LVIII. And be it enacted (f), that the local board of health shall drain, cleanse, cover, or fill up,

or cause to be drained, cleansed, covered, or filled ditches, &c. ur, all ponds, pools, open ditches, sewers, drains,

and places containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health;

And they shall cause written notice to be given to causing the the person causing any such nuisance, or to the the owner or owner or occupier of any premises whereon the cleanse, &c. same exists, requiring him, within a time to be

specified in such notice, to drain, cleanse, cover, or fill up any such pond, pool, ditch, sewer, drain or place, or to construct a proper sewer or drain for the discharge thereof, as the case may require ;

And if the person to whom such notice is given fail

to comply therewith, the said local board shall exeworks at his cute the works mentioned or referred to therein, and

the expenses incurred by them in so doing shall be recoverable by them from him in a summary manner, or by order of the said local board shall be declared to be private improvement expenses, and be recoverable as such in the manner hereinafter provided (g):

Provided always, that the said local board may

And in case of default to execute the necessary

expense.

(f) Framed upon the Sewers Act (10 & 11 Vict. c. 70 (Local), ss. 25, and s. 99 of the Towns Improvement Clauses Act, 1847.

(g) As to expenses directed to be recovered in a summary manner, see 129, p. 180 ; and as to private improvement expenses, s. 90, p. 141. See also ante, p. 82, note (f).

board's discretion be

order that the whole or a portion of the expenses 11&18.cr. incurred in respect of any such last-mentioned works

Expenses be defrayed out of the special or general district morar rates to be levied under this Act; and in case of any charged such order the whole or such portion of the expenses &c.

upon district, as may be mentioned therein shall be defrayed and levied accordingly (h).

Penalties for keeping

LIX. And be it enacted, that whosoever-
Keeps any swine or pig-stye in any dwelling-house, in improper

or so as to be a nuisance to any person (i),— allowing Or suffers any waste or stagnant water to remain to remain in

in any cellar or place within any dwelling-house privies, &c.

,

to overflow.

(h) By this proviso it will be in the power of the local board to charge the expense of any works executed under the section upon the whole or part of a district. It is easy to conceive many cases in which it would be unjust and impracticable to charge the expenses in the manner prescribed by the enacting part of the clause. Whenever the board avail themselves of the discretion given by the proviso, permanent works, such as covering or filling up, must be charged upon the special district rate (86), and works of a casual or temporary character, such as cleansing, &c., upon the general district rates (ss. 87, 89). A similar discretion is given to the metropolitan commissioners of sewers by the recent Act (11 & 12 Vict. c. 112, s. 50).

By s. 7 of the Nuisances Removal and Diseases Prevention Act, 1848, post, p. 224, whosoever suffers filth, &c. to flow into any open ditch, so as to be a nuisance or injurious to health, from houses not occupied before September 4, 1848, or from any privy or watercloset constructed after that day, may be indicted for a misdemeanor, and is rendered liable to a penalty of five pounds per day during the continuance of the offence.

(i) It is stated, that during the prevalence of cholera in Sunderland in 1834, confined places in which pigs were kept

F

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