then existed in or upon the [dwelling-house, yard, &c., as the case may be], situate at [giving such description as may be sufficient to identify the premises], in the parish of in the district under the Nuisances Removal Act for England, 1855, of the complainants above named, the following nuisance, videlicet [describe the nuisance, as the case may be, as in the last form], and that the said nuisance was caused by the act or default of the owner [or occupier of the said premises, or was caused by A. B., or by some person unknown]: 2. That the said local authority did, in pursuance of the said act, afterwards [and after due notice given to the owner or occupier in this behalf if so enter the premises aforesaid, and, upon inspection of the same, ascertained that the said nuisance did exist: 3. That the said nuisance still exists: [4. That although the said nuisance is now removed, the same or the like nuisance is likely to recur on the same premises :] 5. Whereupon the said complainants pray that the said A. B. be duly summoned to appear to answer this complaint. may C. D. 18 & 19 Vict. c. 121. Description of nuisance. Entry on pre- Nuisance still Exhibited before me, J. S. 5. Summons (D) (a). To the owner or occupier of [describe premises], situate at [insert County of borough of or district of [or &c. or as the case may petty sessions [or court] You are required to appear before two of her Majesty's justices of the peace [or one of the magistrates of the police courts of the metropolis, or the stipendiary magistrate] of the County [or other jurisdiction] of, at the holden at on the day of in the next, noon, to answer the complaint this day [or by on behalf of] [naming the local authority, as the case may be], that in or upon the premises above mentioned [or in or upon certain premises situate at No. -, in the street, in the parish of or such other description or reference as Given under the hand of me, J. P., Esquire, one of her Majesty's day of eight hundred and in the year of our Lord one thousand (a) This summons applies to two cases; 1, to an existing nuisance; and 2, to a recurring nuisance. Id. s. 12. 18 & 19 Vict. c. 121, ss. 12, 13. 6. Order of Justices for removal of Nuisance by Owner, &c. (E) (a). County of [or or district of or as the case Whereas on the day of complaint was made before, Esquire, one of her Majesty's justices of the peace acting in and for the county [or other jurisdiction], stated in the margin [or before the undersigned, one police courts of the metropolis, or as the case on behalf of] [the local authority, naming it, as the case may be], that in or upon certain premises, situate at in the district under the Nuisances Removal Act for England, 1855, of the complainants above named, the following nuisance then existed [describing it]; and that the said nuisance was caused by the act or default of the owner [or occupier] of the said premises [or was caused by A. B.]: (If the nuisance have been renewed, say, the following nuisance existed on or about [the day the nuisance was ascertained to exist], and that the said nuisance was caused, &c., and although the same is now removed, the same or the like nuisance is likely to recur on the same premises.) And whereas the owner [or occupier], within the meaning of the said Nuisances Removal Act, 1855 [or the said A. B.] hath this day appeared before us justices, being two of her Majesty's justices in and for , sitting in petty sessions at their usual place of meeting [or before me, the said magistrate of the police courts of the metropolis, or as the case may be], to answer the matter of the said complaint [or in case the party charged do not appear, say, And whereas it hath been this day proved to our [or my] satisfaction that a true copy of a summons requiring the owner or occupier] of the said premises [or the said A. B.] to appear this day before us [or me] - hath been duly served according to the said act]: Now upon proof here had before us [or me] that the nuisance so complained of doth exist on the said premises, and that the same is caused by the act or default of the owner [or occupier] of the said premises [or by the said A. B.], we [or I], in pursuance of the said act, do order the said owner [or occupier, or A. B.] within [specify the time], from the service of this order or a true copy thereof, according to the said act [here specify the works to be done, as for instance: to cleanse, whitewash, purify and disinfect the said dwelling-house; or, for further instance, to-construct a privy or drain, &c.; or, for further instance, to cleanse, or to cover, or to fill up the said cesspool, &c.], so that the same shall no longer be a nuisance or injurious to health as aforesaid : [And if it appear to the justices that the nuisance is likely to recur on the premises, say: And we [or I] being satisfied that, notwithstanding the said cause or causes of nuisance may be removed under this order, the same is or are likely to recur, do therefore prohibit the said owner [or occupier, or A. B.], from [here insert the matter of (a) This order is intended for application to three cases: 1, for the removal of an existing nuisance; 2, the like, with prohibition where the same is likely to recur; and 3, prohibiting the renewal of a nuisance removed before complaint to a justice. c. 121. the prohibition, as, for instance, from using the said house or building 18 & 19 Vict. for human habitation, until the same, in our judgment, is rendered fit for that purpose]: And if the above order for abatement be not complied with [or if the above order of prohibition be infringed], then we [or I] do authorize and require you the said [local authority, naming it], from time to time to enter upon the said premises, and to do all such works, matters and things as may be necessary for carrying this order into full execution according to the act aforesaid: In case the nuisance was removed before complaint, say: Now, Given under the hands and seals of us, two of her Majesty's jus- day of in the one of the magistrates of the police courts of the metropolis, 7. Order of Justices for removal of Nuisance by Local Authority (F)(a). To the Town Council, &c., as the case may be. County, &c.:-Whereas [recite complaint of nuisance as in last form]: And whereas it hath been now proved to our [or my] satisfaction that such nuisance exists, but that no owner or occupier of the premises, or persons causing the nuisance, is known or can be found [as the case may be]: Now we [or 1] in pursuance of the said act, do order the said [local authority, naming it] forthwith to [here specify the works to be done]. Given, &c. 8. Order declaring a House habitable. This may be easily framed from the forms Nos. 6 or 7, supra, reciting the order of prohibition, as in the form No. 6, and adding : Now we the said justices, who made the above recited order, being satisfied that the said house [or building] has been rendered and is fit for human habitation, do determine the said recited order and do hereby declare the said house [or building] habitable. Given, &c. [or or 9. Order to permit Execution of Works by Owners (G) (b). County of borough of metropolitan police district, or as the case may be], to wit. Whereas complaint hath been made to me, E. F., Esq., one of her Majesty's justices of the peace in and for the county [or borough, &c.] of [or one of the magistrates of the police courts of the metropolis, or as the case (a) This may be similarly adapted to the three states of circumstances mentioned in No. 6, see note (a), ante, p. 490. (b) A complaint and summons should precede this order. Id. s. 17. Id. s. 13. Id. s. 37. c. 121. 18 & 19 Vict. may be, or one of her Majesty's justices of the peace, as the case may be, of the county of -], by A. B., owner, within the meaning of the "Nuisances Removal Act for England, 1855," of certain premises, to wit, a dwelling-house [or building, or as the case may be, situate at [insert such a description of the premises as may be sufficient to identify them], in the parish of in the said county [or borough, &c.], that C. D., the occupier of the said premises, doth prevent the said A. B. from obeving and carrying into effect the provisions of the said act, in this, to wit, that he the said C. D. [here describe the act of prevention generally, according to the circumstances; for instance, thus, doth refuse to quit the said house, the same having by the order of justices been declared unfit for human habitation, or doth prevent the said A. B. from cleansing or whitewashing, or purifying the sa'd dwelling-house, or erecting a privy or drain, or breaking an aperture for ventilation, or cleansing a drain, ditch, gutter, water-closet, privy, urinal, cesspool or ashpit, which is a nuisance or injurious to health]: And whereas the said C. D. has been summoned to answer the said complaint, and has not shown sufficient cause against the same, and it appears to me that [describe the act or works to be done], is necessary for the purpose of enabling the said A. B. to obey and carry into effect the provisions of the said act, I do hereby order that the said C. D. do permit the said A. B. [describe the act or works to be done], in the manner required by the said act. in the year Id. s. 20. Given under my hand and seal, this day of E. F. (L.S.) 10. Summons for Nonpayment of Costs, Expenses or Penalties (H)(a). To [describe the person from whom the costs, expenses and penalties are due]. County of borough of district of [or You are required to appear before two of her or Majesty's justices of the peace [or one of the -], (magistrates of the police courts of the metropolis, or the stipendiary magistrates] of the county [or other jurisdiction] of at the petty sessions [or court], holden at, on the day of next, at the hour of the to wit. in noon, to answer the complaint this day made to me by [or by -on behalf of] [naming the local authority], that the sum of - pounds, being costs and expenses incurred by you under and in relation to a certain complaint touching [describe the nuisance], and an order of [describe the person making the order], duly made in pursuance of the Nuisances Removal Act for England, 1855 [if penalties are due, add, and also the sum of , being the amount of penalties payable by you for disobedience of the said order], remains unpaid and due from you. Given under the hand of me, J. P., Esquire, one of her Majesty's justices of the peace acting in and for the [jurisdiction stated in the margin] [or one of the magistrates of the police courts of the metropolis, or stipendiary magistrate of the day of eight hundred and -}, in the year of our Lord one thousand (a) A complaint precedes this summons. 11. Order for Payment of Costs, Expenses and Penalties (I). Το [name the person on whom the order is made]. County, &c., Whereas complaint has been made before us [or to wit. Ìme], for that [recite cause of complaint]; And whereas the said [naming the person against whom the conplaint is made] has this day appeared before us the said justices [or before me the said magistrate of the police courts of the metropolis, or as the case may be], to answer this matter of the said complaint [or, in case the party charged do not appear, say], [And whereas it has been this day satisfactorily proved to us [or me] that a true copy of the summons requiring the said [naming the person charged] to appear before us [or me] this day hath been duly served according to the said act: [Now, having heard the matter of the said complaint, we [or I] do adjudge the said [naming the person charged] to pay forthwith [or by instalments of -, payable respectively on or before the to the said [naming the person or local authority to whom the costs adjudged are payable] the sum of for costs in this behalf, and to [naming the person or authority to whom the expenses are payable] the sum of for expenses in this behalf [if penalties are due, add, and the sum of for penalties incurred in relation to the premises], together with the sum of being the charges attending the application for this order and proceedings thereon; and if the said several sums, amounting in the whole to [or if any one of the said instalments], be not paid within fourteen days after the same is due as aforesaid, we [or I] hereby order that the same be levied by distress and sale of the goods and chattels of the said and in default of sufficient distress in that behalf adjudge the said to be imprisoned in the common gaol [or house of correction, as the case may be], at , in the said county [or as the case may be], for the space of such time, not exceeding three calendar months, as the justices may think fit, unless the said several sums [or sum], and all costs and charges of the said distress [and of the commitment and carrying of the said to the said house of correction, or common gaol, or as the case may be], shall be sooner paid. Given under our [or my] hands this day of year of our Lord one thousand eight hundred and 12. Warrant of Distress (K). in the at To the constable of —, and to all other peace officers in the said [set Whereas on last past complaint was made before the undersigned, two of her Majesty's justices of the peace in and for the said county of [or as the case may be] [or a magistrate of the police courts of the metropolis, or stipendiary magistrate, as the case may be], for that [&c., as in the order]; and thereupon having considered the matter of the said complaint, we [or I] adjudged the said out from form No. 11 (1), the adjudication of payment, and the order for distress and for imprisonment in default of distress]: and whereas the time in and by the said order appointed for the payment of the said several sums of and hath elapsed, but the said hath not paid the same or any part thereof within fourteen days after the date fixed by the order for such payment, but therein hath made default: These are therefore to command you, in her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B.; and if within the space of days after the making of such distress, 18 & 19 Vict. c. 121, s. 20. Id. |