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within their district, including the foot pavements thereof, are properly swept, cleansed, and watered, and that all dust, ashes, rubbish, filth, dung, and soil thereon are collected and removed;

And they may make byelaws (h) 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 (i) collected, placed, or found in or about any house, stable, cowhouse, street, or place whatsoever, and for preventing the deposit thereof in or by the side of any street, so as to be a nuisance to any person, and with respect to the times and munner of cleansing and emptying waterclosets, privies, and cesspools.**]

to cause

LVI. And be it enacted (k), that the local board of Local board health may, in their discretion, provide, in proper and con- places for venient situations, boxes or other conveniencies for the tem- soil, dust, porary deposit or collection of dust, ashes, and rubbish.

And also fit buildings and places for the deposit of the sewage, soil, dung, filth, ashes, dust, and rubbish collected by such board ();

[** And all sewage, soil, dung, filth, ashes, dust, and rubbish so collected by the said local board, or in any convenience provided as aforesaid, shall be vested in and be sold and disposed of by such board, and the proceeds thereof shall be carried to the district fund account hereinafter mentioned (k) ;

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

deposit of

&c., to be provided.

(h) See sect. 115, post, in regard to the byelaws of the board. (i) These words did not authorize the local board in making a byelaw for the removal of snow. Q. v. Mary Wood, 5 F. & B. 49. But the 21 & 22 Vict. c. 98, s. 32, enables them to make byelaws for the prevention of nuisances arising from snow and other matters. Reference also should be made to the Nuisances Removal Acts, in the Appendix, for the powers thereby given for the removal of filth and rubbish from private premises.

(k) These paragraphs are repealed by 21 & 22 Vict. c. 98, s. 32, which makes fresh regulations as to these subjects.

(1) See further 21 & 22 Vict. c. 98, s. 30, post, and 30 & 31 Vict. c. 113, ss. 3, 4, 5, Appendix, as to the power of purchasing depositories for sewage.

Public necessaries.

Offensive ditches,

be cleansed

or covered.

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

LVIII. And be it enacted (d), that the local board of drains, &c. to health shall drain, cleanse, cover, or fill up, or cause to be drained, cleansed, covered, or filled up, 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 (e) to be given to the person causing any such nuisance, or to the owner or occupier of any premises whereon the 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 execute 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 (ƒ), or by order of the said

(b) See upon the point of proper situations, Biddulph v. Vestry of St. George's, Hanover Square, 33 L. J. Ch. 411.

(c) Now out of the general district rate only.

(d) The first part of this section appears to apply to public nuisances, and therefore the board is required to remove them. The second part applies to private nuisances, and with regard to them notice is to be given to the person causing the nuisance, or the owner or occupier of the premises, to remove the nuisance, and in his default, the local board are to execute the works, and recover the expenses from such person. It seems that here they have no discretion. Reference may be well made to the Nuisances Removal Acts, and the Sewage Utilization Acts, in the Appendix.

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

(f) See sect. 129, post.

local board shall be declared to be private improvement expenses (g), and be recoverable as such in the manner hereinafter provided:

Provided always, that the said local board may order that the whole or a portion of the expenses incurrred in respect of any such last-mentioned works be defrayed out of the special (h) or general district rates to be levied under this Act, and in case of any such order the whole or such portion of the expenses as may be mentioned therein shall be defrayed and levied accordingly.

keeping

in improper situations,

waste water

cellars, &c.

LIX. And be it enacted (i), that whosoever keeps any Penalties for swine or pigstye in any dwelling-house, or so as to be a nui- swine, &c. sance to any person, or suffers any waste or stagnant water to remain in any cellar or place within any dwelling house allowing for twenty-four hours after written notice (k) to him from to remain in the local board of health to remove the same, and whosoever allows the contents of any watercloset, privy, or cesspool to overflow or soak therefrom, shall for every such offence be liable to a penalty (1) not exceeding forty shillings, and to a further penalty of five shillings for every day during which the offence is continued;

And the said local board shall (m) abate or cause to be abated every such nuisance, and the expenses incurred by them in so doing shall be repaid to them by the occupier of

(g) See sect. 90, post.

(h) The special district rates are now abolished by 21 & 22 Vict. c. 98, s. 54, post.

(i) The provisions contained in the Nuisances Removal Acts in the Appendix, will be found to apply to the subjects of this clause. See as to swine in the metropolis, 57 Geo. 3, c. xxix., and 25 & 26 Vict. c. 102, s 91, and as to cowhouses therein, see s. 93 of the same Act.

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

(1) See sect. 129, post, as to the recovery of this penalty. The continuance referred to must be after the conviction, otherwise there is no date from which the time is to be calculated.

(m) Here the local board are required to abate the nuisance. They appear to have no discretion.

Re oval of

tificate of

the premises upon which the same exists, and be recoverable from him in the summary manner hereinafter provided (e); And if at any time it appear to the inspector of nuisances Alth, on cer- that any accumulation of manure, dung, soil, or filth, or inspector of other offensive or noxious matter whatsover, ought to be removed, he (ƒ) shall give notice to the person to whom the same belongs, or to the occupier of the premises whereon it exists, to remove the same;

nuisance.

Houses to be purified, on

officer of

practitioners

And if at the expiration of twenty-four hours after such notice the same be not complied with, the manure, dung, soil, or filth, or matter referred to, shall be vested in and be sold or disposed of by the said local board, and the proceeds thereof shall be carried to the district fund account hereinafter mentioned (g).

LX. And be it enacted, that if upon the certificate of the certificate of Officer of health (h) (if any), or of any two medical practihealth, or of tioners (i), it appear to the local board of health that any two medical house or part thereof is in such a filthy or unwholesome condition that the health of any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any house or part thereof would tend to prevent or check infectious or contagious disease, the said local board shall give notice in writing (k) to the owner or occupier of such

(e) Note, that in this case the occupier, and not the owner, is responsible. See sect. 129, post, as to the recovery of the penalty.

(f) Note, that the inspector is required to give this notice, whereas the local board are to give the notice in the former part of the clause. See further as to the removal of manure, 29 & 30 Vict. c. 90, s. 53, in the Appendix.

(g) A similar provision exists in the Nuisances Removal Acts. See Appendix. The expenses of the removal shall be recoverable from the occupier, owner, or person causing the accumulation. 21 & 22 Vict. c. 98, s. 32, No. 5. As to the district fund account see sect. 87, post.

(h) See sect. 40, ante.

(i) See note on sect. 40.

(k) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the ser vice and authentication of the notice,

house or part thereof to whitewash, cleanse, or purify the same, as the case may require (1);

And if the person to whom notice is so given fail to comply therewith within such time as shall be specified in the said notice, he shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default;

And the said local board may, if they shall think fit, cause such house, building, or part thereof, to be whitewashed, cleansed, or purified, and the expenses incurred by them in so doing shall be repaid by the owner or occupier in default, and be recoverable from either of them in the summary manner hereinafter provided (m).

[LXI. ** And be it enacted (n), that every building or place used Slaughter as a slaughter-house (0) shall within three months after this Act is houses to be registered. applied to the district in which it is situate, or, in the case of a building or place newly used as a slaughter-house after that time, within three months after the commencement of such user, be registered by the owner or occupier thereof at the office of the said local board in a book which shall be kept by such board for that purpose;

And whosoever uses or suffers to be used any building or place as a slaughter-house without its being registered as required by this Act, shall be liable for every such offence to a penalty not exceeding five pounds, and a further penalty not exceeding ten shillings for every day during the continuance of the offence after written notice thereof from the said local board. **]

(1) Provisions to meet this grievance are contained in the Nuisances Removal Acts in the Appendix, which, however require an order of justices to enforce the removal of the nuisance, and the provisions in 27 & 28 Vict. c. 48, 30 & 31 Vict. c. 103, and c. 146, which relate to certain factories, also in the Appendix. See also the provisions in the 29 & 30 Vict. c. 90, s. 35, in the Appendix with reference to the cleansing and whitewashing of houses let in lodgings, and section 19 as to the cleansing of Factories.

The important Act, 31 & 32 Vict. c. 130, which contains more strin gent provisions as to premises in a condition dangerous to health, so as to be unfit for human habitation, is also printed in the Appendix.

(m) See notes on sect. 49, ante, and as to the recovery of the penalty, sect. 129, post.

(n) Repealed by 21 & 22 Vict. c. 98, s. 48, sections 45 and 50 of which Act contain provisions applicable to slaughter-houses.

(0) See the interpretation of this word in sect. 2, ante.

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