houses with- to or below the floor commonly called the ground floor,

out water

closets, &c.; without a sufficient (k) watercloset or privy and an ashpit,

local board

may, upon report of surveyor,

furnished with proper doors and coverings; and whosoever offends (1) against this enactment shall be liable to a penalty

order water- not exceeding twenty pounds;

closets, &c.,

to be erected

in houses, whether

built before

Act is ap

And if at any time, upon the report of the surveyor (m), it appear to the local board of health that any house (n), wheor after this ther built before or after the time when this Act is applied to the district in which it is situate, is without a sufficient (0) watercloset or privy and an ashpit, furnished with proper doors and coverings, the said local board shall give notice (p) in writing to the owner (p) or occupier of such house, requir

plied, &c.

Earth closet

(k) It will be for the justices to determine whether the watercloset or privy provided be or be not sufficient. See sect. 129, post, as to the recovery of this penalty.

(1) Quære, whether the owner, builder, or surveyor is liable to the penalty, and when the offence is committed?

(m) See sect 2, ante, as to who is meant by this term.

(n) See in sect. 2, ante, the interpretation of this word, and in 21 & 22 Vict. c. 98, s. 34, post, what is a new building.

(0) In every case the surveyor must determine the sufficiency of the convenience. It has been decided by the Vice-Chancellor, Stuart, and afterwards by the lords justices upon appeal, that a district board under Metropolis Local Management Act, 18 & 19 Vict. c. 120, where there is a clause identical with the above, could not lay down any general rule proscribing the use of privies, and requiring waterclosets to be provided in all cases, and therefore where they had required waterclosets to be erected in the place of privies, in compliance with the general rule, and not with reference to the particular circumstances of the case, and were proceeding to erect them in default of the owner, it was held that the proceedings of the local board could not be supported. Tinkler v. Wandsworth District Board of Works, 22 Jur 293; 27 L. J. Chan. 342; 2 De G. & J. 261. But it was held under the same Act, that where a privy was insufficient the vestry were entitled to give notice to the owner of the house to make a watercloset, and on his default to make it themselves, and recover the expenses from him. Vestry of St. Luke v. Lewis, 1 B. & S. 865.

As to the enforcing of the provision of privy accommodation in houses let in lodgings, see 29 & 30 Vict. c. 90, s. 35, in the Appendix.

See the 31 & 32 Vict. c. 115, s. 7, in Appendix, post, which enables earth closets to be constructed in place of waterclosets, and dispenses with the supply of water, and authorizes the Local Board to provide such closets.

(P) See notes on sect 49, ante.

ing him forthwith, or within such reasonable time as shall be specified therein, to provide a sufficient watercloset or privy and an ashpit, so furnished as aforesaid, or either of them, as the case may require;

And if such notice be not complied with the said local board may, if they shall think fit, cause to be constructed a sufficient watercloset or privy and an ashpit, or either of them, or do such other works as the case may require;

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 manner hereinafter provided (q):

Provided always, that where a watercloset or privy has been and is used in common by the inmates of two or more houses, or if, in the opinion of the said local board, a watercloset or privy may be so used, they need (r) not require the same to be provided for each house.

waterclosets

structed in

factories, &c.

LII. And be it enacted (8), that if at any time it appear certain to the local board of health, upon the report of the surveyor, to be conthat any house is used or intended to be used as a factory or building in which persons of both sexes, and above twenty in number, are employed or intended to be employed at one time in any manufacture, trade, or business, the said local board may, if they shall think fit, by notice (t) in writing to the owner or occupier of such house, require them or either of them, within a time to be specified in such notice, to

(q) See notes on sect. 49, ante.

(7) It will be observed that the previous part of the section rendered it incumbent upon the local board to require a sufficient watercloset or privy to be made, and therefore though this proviso removes that compulsion in this particular case, it does not prevent them from making the requisition when they think proper to do so.

() Though the previous section applies to such a house as is herein described, it only required a sufficient watercloset to be supplied. In this section separate privies are required to be provided for the different sexes.

(t) As to service and authentication of notice, see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61.

Notice of

to levels of houses,

construct a sufficient (c) number of waterclosets or privies for the separate use of each sex;

And whosoever neglects or refuses to comply with any such notice shall be liable for each default to a penalty not exceeding twenty pounds, and a further penalty not exceeding forty shillings for every day during which the default is continued (d).

[LIII. ** And be it enacted (e), that, fourteen days at the least building and before beginning to dig or lay out the foundations of or for any new rebuilding with respect house (f), or to rebuild any house pulled down to the extent aforesaid (g), the person intending so to build or rebuild shall give to the local board of health written notice thereof, together with the level or intended level of the cellars or lowest floor, and the situation and construction of the privies and cesspools to be built, constructed, or used in connexion with such house;

situation of privies, &c.

And it shall not be lawful to begin to build or rebuild any such house, or to build or construct any such privy or cesspool, until the particulars 80 required to be stated have been approved by the said local board; and in default of such notice, or if any such house, privy, or cesspool be built, rebuilt, or constructed as aforesaid without such approval, or in any respect contrary to the provisions of this Act, the offender shall be liable to a penalty not exceeding fifty pounds;

And the said local board may, if they shall think fit, cause such house, privy, or cesspool to be altered, pulled down, or otherwise dealt

(c) The local board may properly specify the number which they think sufficient, but their decision will not conclude the question, if the owner construct what he considers sufficient, and the magistrate or jury, as the case may be, shall concur with him.

(d) As to the recovery of these penalties, see sect. 129, post.

(e) Repealed by 21 & 22 Vict. c. 98, s. 34, which enables the local board to make byelaws as to these matters.

(f) It has been decided that this word applies to a toll house on a turnpike road. Where plans were given as to a new toll house to be built by trustees of a turnpike road, with privy and cesspool, and sanctioned by a local board of health, but the trustees afterwards built their privy and cesspool in a place not sanctioned by the board, it was held by the Court of Queen's Bench that the trustees were properly convicted in a penalty under this section, their local Act, under which they were enabled to build the toll house, not conflicting in this respect with the Public Health Act. Tunstall Turnpike Road Trustee v. Lowndes, 20 J. P.

374.

(g) In sect. 51, ante.

with, as the case may require, and the expenses incurred by them in so doing shall be repaid by the offender, and be recoverable from him in the summary manner hereinafter provided:

Provided always, that if the said local board fail to signify their approval or disapproval of the said particulars for the space of fourteen days after receiving such notice, it shall be lawful to proceed according to such notice, if the same be otherwise in accordance with the provisions of this Act. **]

LIV. And be it enacted, that the local board of health Local board to provide shall see and provide that all drains (h) whatsoever, and the that drains, waterclosets, privies, cesspools, and ashpits within their dis- waterst trict, are constructed and kept so as not to be a nuisance or injurious to health (i);

And the surveyor may, by written authority of the said local board (k), (who are hereby empowered to grant such authority, upon the written application of any person showing that the drain, watercloset, privy, cesspool, or ashpit in respect of which application is made is a nuisance or injurious to health, but not otherwise,) and after twenty-four hours notice (1) in writing, or in case of emergency (m) without notice, to the occupier of the premises to which such drain, watercloset, privy, cesspool, or ashpit is attached or belongs, enter such premises, with or without assistants, and cause the ground to be opened, and examine and lay open such drain, watercloset, privy, cesspool, or ashpit;

And if the drain, watercloset, privy, cesspool, or ashpit in respect of which such examination is made be found to be in

(h) See in sect. 2, ante, the meaning of this word, which is confined to private buildings.

(i) See the provisions of the Nuisances Removal Act, 1855, in the Appendix, and the 31 & 32 Vict. c. 115, s. 4, which extends this section to the district of every sewer authority in which there is no enactment of any public or private Act of parliament to the like effect in force. See the residue of the provisions of that sect. in note on sect. 51, ante.

(k) See in sect. 149, post, the requisites as to this authority.

(1) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices from the local board.

(m) It is not clear who is ultimately to decide whether the case be one of emergency, but the local board must do so in the first instance.

&c., do not become a

nuisance.

Cleansing streets, removal of dust, &c.

proper order and condition, he shall cause the ground to be closed, and any damage done to be made good as soon as can be, and the expenses of the works shall be defrayed by the said local board;

But if upon such examination such drain, watercloset, privy, cesspool, or ashpit appear to be in bad order and condition, or to require alteration or amendment, he shall cause the ground to be closed (a), and the said local board shall cause notice in writing (b) to he given to the owner or occupier of the premises upon or in respect of which the examination was made, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works;

And if such notice be not complied with the person to whom it is given shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default (c), and the said local board may, if they shall think fit, execute such works, and expenses incurred by them in so doing shall be recoverable by them from the owner (d) in a summary manner (e), 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 (ƒ).

[LV.** And be it enacted (g), that the local board of health shall from time to time and at all convenient times provide that all streets

(a) See 21 & 22 Vict. c. 98, s. 33, post, which dispense with the necessity of closing the ground before the works are done.

(b) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices. The order of the local board is conclusive and cannot be controled or altered by the justices afterwards. Hargreaves, appt., Taylor, respt., 32 L. J. M. C. 111; 8 L. T. (N. 8.) 149; 3 B. & S. 613.

See note on sect. 51 above as to the use of earth closets for waterclosets.

(c) See sect. 129, post, as to the recovery of this penalty.

(d) See sect. 2, ante, for the definition of owner.

(e) See sect. 129, post, and notes on sect. 49, ante.

(f) See sect. 90, post.

(g) Repealed by 21 & 22 Vict. c. 98, s. 32.