Appendix Board or Commissioners, or shall in anywise be concerned or interested No 2. c. 34. 14 & 15 Vic. in any Bargain or Contract made by the Council or Board or Commissioners for or on account of anything done or forborne, or to be done or forborne, in pursuance of this Act, or on any account whatsoever relative to the putting of this Act into execution, or if any Person during the Time he holds the Office of Member of the Council, or Member of the Board, or Commissioner, shall exact or accept any such Fee or Reward, or shall accept or hold any Office or Place of Trust created by virtue of this Act, or be concerned directly or indirectly in any such Bargain or Contract, every such Person so offending shall be incapable of ever serving or being employed under this Act, and shall for every such Offence also forfeit not exceeding the Sum of Fifty Pounds. Application of Not to extend to LII. That such Part of any Penalty recovered under this Act as shall not be awarded to the Informer shall be paid to the Credit, as regards a Borough, of the Borough Fund, and, as regards a District, of the General District Rate thereof or the Improvement Rate thereof, and, as regards a Parish, of the Rate for the Relief of the Poor thereof. LIII. That nothing in this Act shall extend to Scotland. SCHEDULE referred to by the foregoing Act. 1. BYELAWs to be made in all Cases. For securing that the Lodging Houses shall be under the Management and Control of the Officers, Servants, or others appointed or employed in that Behalf by the Council or Board or Commissioners. For securing the due Separation at Night of Men, and Boys above Eight Years old, from Women and Girls. For preventing Damage, Disturbance, Interruption, and indecent and offensive Language and Behaviour, and Nuisances. For determining the Duties of the Officers, Servants, and others appointed by the Council or Board or Commissioners. 2. BYELAWS to be made in Boroughs, Districts, and Parishes wholly For regulating the Procedure of the Commissioners. (a.) (a.) Should Lord Shaftesbury's Bill "for making further Provisions with respect to Common Lodging Houses be passed into an Act, it will probably be in Time to form No. 8 in this Appendix, APPENDIX. NO. 3. NUISANCES REMOVAL ACTS. By Section 18 of the Cheltenham Improvement Act, ante, page 28, it ANNO UNDECIMO & DUODECIMO VICTORIÆ REGINÆ. Appendix No. 3. 11 & 12 Vic. c. 123. CAP. CXXIII. AN ACT TO RENEW AND AMEND AN ACT OF THE TENTH YEAR of WHEREAS an Act passed in the Tenth Year of Her Majesty's 9&10 Vict. c. 96. In England tain public Receipt of No from Two House ence of certain Reign, for the more speedy Removal of certain Nuisances, and to and Ireland cerenable the Privy Council to make Regulations for the Prevention of Bodies, upon contagious and epidemic Diseases, will expire at the End of the present tice in Writing Session of Parliament; and it is necessary that other Provision should holders, of the be made in lieu thereof: Be it therefore enacted by the Queen's most ofty Condition of any Building, Excellent Majesty, by and with the Advice and Consent of the Lords or of the ExistSpiritual and Temporal, and Commons, in this present Parliament Nuisances, to assembled, and by the Authority of the same, That in England and tion to be made. Ireland, upon Receipt (or as soon afterwards as can be) by the Town Council, or by any Trustees or Commissioners for the drainage, paving, lighting, or cleansing, or managing or directing the Police of any City, Town, Borough, or Place, or by any other Body of a like Nature, or by any Commissioners of Sewers or Guardians of the Poor, or in Ireland cause Examina c. 123. Appendix No. 3. by the Officers of Health of any Parish, of a Notice in Writing in the 11 & 12 Vic. Form contained in the Schedule (A.) to this Act annexed, or to the like Effect, signed by Two or more inhabitant Householders of the Parish or Place to which the Notice relates, stating that, to the best of the Knowledge and Belief of the Persons by whom such Notice is signed, any Dwelling House or Building in any City, Town, Borough, Parish, or Place within or over which the Jurisdiction or Authority of the Town Council, Trustees, Commissioners, Guardians, Officers of Health, or other Body to whom such Notice is given, extends, is in such a filthy and unwholesome Condition as to be a Nuisance to or injurious to the Health of any Person, or that upon any Premises within such Jurisdiction or Authority there is any foul and offensive Ditch, Gutter, Drain, Privy, Cesspool, or Ashpit, or any Ditch, Gutter, Drain, Privy, Cesspool, or Ashpit kept or constructed so as to be a Nuisance to or injurious to the Health of any Person, or that upon any such Premises, Swine, or any Accumulation of Dung, Manure, Offal, Filth, Refuse, or other Matter or Thing, are or is kept so as to be a Nuisance to or injurious to the Health of any Person, or that upon any such Premises (being a Building used wholly or in part as a Dwelling House), or being Premises underneath any such Building, any Cattle or Animal are or is kept so as to be à Nuisance to or injurious to the Health of any Person, such Town Council, Trustees, Commissioners, Guardians, Officers of Health, or other Body, or some Committee thereof which may be temporarily or permanently appointed in this Behalf by such Town Council, Trustees, Commissioners, Guardians, Officers of Health, or other Body, shall, after Twenty-four Hours Notice in Writing, by delivering the same to some Person on the Premises referred to in such first-mentioned Notice, or (if there be no Person upon the Premises who can be so served) by fixing the same upon some conspicuous Part of such Premises (or in case of Emergency without Notice), by themselves, their Servants or Agents, with or without Medical or other Assistants, enter such Premises, and examine the same with respect to the Matters alleged in such first mentioned Notice, and do all such Works, Matters, and Things as may be necessary for that Purpose; and if upon such Examination, or upon the Certificate in Writing of Examination, or Two legally qualified Medical Practitioners, it appear that any Dwelficate, it appear ling House or Building so examined is in such a filthy and unwholesance, &c. exists, some Condition as aforesaid, or that upon any Premises so examined make Complaint there is any such Ditch, Gutter, Drain, Privy, Cesspool, Ashpit, Swine, Cattle, or Animal, or any such Accumulation or other Matter or Thing as aforesaid, such Town Council, Trustees, Commissioners, Guardians, Officers of Health, or other Body, or such Committee, shall make or cause to be made Complaint before a Justice, who shall thereupon issue a Summons (which may be according to the Form contained in the Schedule (B.) to this Act annexed, or to the like Effect), requiring the And if upon such a Medical Certi that the Nui public Body to before a Justice who shall sum mon the Owner or Occupier to appear before Two Justices. Appendix No. 3. 11 & 12 Vic. c. 123. upon Proof, &c. order him to whitewash, &c. Nuisance com or remove the plained of; Owner or Occupier of the Premises examined to appear before Two Justices to answer such Complaint; and such Summons shall be served by delivering the same, or a true Copy thereof, to some Person upon the Premises in respect whereof Complaint is made, or (if there be no Person upon the Premises who can be so served) by fixing such Summons or Copy upon some conspicuous Part of such Premises; and if And who shall at the Time and Place appointed by such Summons it be proved to the Satisfaction of such Justices that any Dwelling House or Building in in respect whereof Complaint is made is in such a filthy and unwholesome Condition as aforesaid, or that any such Cause or Causes of Complaint as aforesaid exists or exist, and (in case such Owner or Occupier do not appear) that such Summons or Copy was served as aforesaid, such Justices shall make an Order in Writing under their Hands and Seals, (which Order may be according to the Form contained in the Schedule (C.) to this Act annexed, or to the like Effect,) for cleansing, whitewashing, or purifying such Dwelling House or Building, or for the Removal or Abatement of any such Cause or Causes of Complaint, in such Manner and within such Time as shall be specified in such Order (not being more than Two clear Days, exclusive of Sunday, after Service of such Order as herein-after directed); and such Order shall be forthwith served by delivering the same or a true Copy thereof to some Person upon the Premises in respect whereof it is made, or (in case there be no Person upon the Premises who can be so served) by fixing such Order or Copy upon some conspicuous Part of such Premises; and if such Order be not complied with the Owner or Occupier (a.) against whom it is made shall be liable to a Penalty not exceeding Ten Shillings for every Day during the Continuance of his Default, and the Town Council, Trustees, Commissioners, Guardians, Officers of Health, to or other Body mentioned therein, shall, by themselves, their Servants public Body to or Agents, or by such Committee as aforesaid, their Servants or Agents, mises, and do enter such last-mentioned Premises, and cleanse, whitewash, or purify ordered, or rethe same, or remove or abate the Cause or Causes of Complaint in res- sance. pect whereof the said Order shall have been made, and do all such Works, Matters, and Things as may be necessary for carrying such Order into effect; and any Dung, Manure, Offal, Filth, or Refuse, and any other Matter or Thing removed by any such Town Council, Trustees, Commissioners, Guardians, Officers of Health, or other Body as aforesaid, in pursuance of this Enactment, may be destroyed or sold, and in case of Sale the Proceeds arising therefrom shall be paid to or (as the Case may require) be retained by the Guardians of the Poor, and shall be by them applied in aid of the Rate for the Relief of the Poor of the Parish, Electoral Division, or Place in which such Removal shall have been made. (a.) See sections 16 and 17 of this Act inflicting penalties on occupiers or others obstructing owners or others in obeying the orders. And if such complied with, Order be not the Owner or Occupier in default to be liable Penalties, and enter the Pre the Works move the Nui Appendix No. 3. c. 123. In Scotland Two House holders of the filthy Condition or of the Exist Nuisances, to tion to be made; II. And be it enacted, That in Scotland, upon or as soon as can be 11 & 12 Vic. after Notice in Writing in the Form contained in the Schedule (A.) to this Act annexed, or to the like Effect, signed by Two or more of the inhabitant Householders of the Parish or Place to which the Notice relates, made to the Procurator Fiscal of any County, or the Procuin Writing from rator Fiscal or the Dean of Guild of any Royal Burgh, or the Procurator Fiscal of the Justices of the Peace of any County, or the Commissioners of any Building, of Police or Trustees for paving, lighting, or cleansing any City, Town, ence of certain Burgh, Parish, or Place, or the Inspector of the Poor of any Parish, cause Examina- stating that any Dwelling House or Building within any Royal Burgh, or in any City, Town, Burgh, Parish, or Place, within or over which the Jurisdiction or Authority of any such Procurator Fiscal, or of such Dean of Guild, or Commissioners of Police, or Trustees for paving, lighting, or cleansing, or Inspector of the Poor, extends, is in such a filthy and unwholesome Condition as to be a Nuisance to or injurious to the Health of any Person, or that upon any Premises within such Jurisdiction or Authority there is any foul and offensive Drain, Ditch, Gutter, Privy, Cesspool, or Ashpit, or any Drain, Ditch, Gutter, Privy, Cesspool, or Ashpit kept or constructed so as to be a Nuisance to or injurious to the Health of any Person, or that upon any such Premises Swine, or any Accumulation of Dung, Manure, Offal, Filth, Refuse, or other Matter or Thing, are or is kept so as to be a Nuisance to or injurious to the Health of any Person, or that upon any such Premises (being a Building used wholly or in Part as a Dwelling House), or being Premises underneath any such Building, any Cattle or Animal are or is kept so as to be a Nuisance to or injurious to the Health of any Person, it shall be competent to any such Procurator Fiscal or Dean of Guild, or the proper Officer of such Commissioners of Police or Trustees, or such Inspector of the Poor respectively, after Twentyfour Hours from the giving Notice in Writing by Service thereof upon some Person on the Premises referred to in such first-mentioned Notice, or (if there be no Person upon the Premises who can be so served) by fixing the same upon some conspicuous Part of such Premises, or in case of Emergency without Notice, by himself or others acting under his Authority, with or without Medical or other Assistants, to enter such Premises, and examine the same with respect to the Matters alleged in such first-mentioned Notice, and do all such Works, Matters, And if upon such and Things as may be necessary for that Purpose; and if upon such a Medical Cer- Examination, or upon the Certificate in Writing of Two legally qualitificate it appear fied Medical Practitioners, it appear that any Dwelling House or Building so examined is in such a filthy and unwholesome Condition before the sheriff as aforesaid, or that upon any Premises so examined there is any such or a Justice, who Drain, Ditch, Gutter, Privy, Cesspool, Ashpit, Swine, Cattle, or AniOwner or Occu- mal, or any such Accumulation, or other Matter or Thing, as aforesaid, such Procurator Fiscal, Dean of Guild, Officer, or Inspector shall make Examination or that the Nui sance exist, public Body to make Complaint shall order the pier to appear; |