Appendix c. 123. &c. whitewash moval of the ordered. or cause to be made Complaint to the Sheriff or Magistrates or a Justice, who shall thereupon order the Owner or Occupier of the Pre- 11 & 12 Vic. mises examined to appear before such Sheriff or Magistrates or Two Justices to answer such Complaint; and such Order 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 Order or Copy upon some conspicuous Part of such Premises; and if at the And upon Proof, Time and Place appointed by such Order it be proved to the Satisfac- ing, &c. or Retion of such Sheriff or Magistrates or Justices that any Dwelling House Nuisance comor Building in respect whereof Complaint is made is in such a filthy plained of, to be 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 Order or Copy was served as aforesaid, such Sheriff or Magistrates or Justices shall make an Order in Writing under their Hands (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), and such last-mentioned 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 against whom it is made shall be liable to a Penalty not exceed ing Ten Shillings for every Day during the Continuance of his Default, and the Procurator Fiscal, or Dean of Guild, or proper Officer of the be liable to PenCommissioners of Police, or Trustees or Inspectors of the Poor respec- Public Officers tively, shall, by themselves or others acting under their Authority, mises, and do enter such last-mentioned Premises, and cleanse, whitewash, or purify dered, or rethe same, or remove or abate the Cause or Causes of Complaint in move the Nuirespect whereof the said last-mentioned 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 offensive or noxious Matter or Thing, removed 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 Parochial Board for the Management. of the Poor, and shall be by them applied in aid of the Funds for the Relief of the Poor of the Parish or Place in which such Removal shall have been made. If such last- mentioned complied with, pier in default to alties, and the to enter Pre the Works or sance. Appendix No. 3. c. 123. Recovery of Costs, &c. from pier of the Premises. III. And be it enacted, That whenever any such Order as aforesaid 11 & 12 Vic. for cleansing, whitewashing, or purifying any Dwelling House or Building, or for the Removal or Abatement of any such Cause or Causes of Complaint as aforesaid, has been obtained, all Costs and Expenses Owner or Occu- reasonably incurred in obtaining such Order, or in carrying the same into effect, shall be deemed to be Money paid for the Use and at the Request of the Owner or Occupier of the Premises in respect whereof such Costs and Expenses shall have been incurred, and may be recovered as such by the said Town Councils, Trustees, Commissioners, Guardians, Officers of Health, or other Body, or by the said Procurators Fiscal, Deans of Guild, Commissioners of Police, or Trustees and Inspectors of the Poor respectively, as such, in any County Court, Civil Bill Court, or, in Scotland, before the Sheriff or Magistrates or Justices of the Peace; or such Town Council, Magistrates, Trustees, Commissioners, Guardians, Officers of Health, or other Body, or Procurators Fiscal, Deans of Guild, or Inspectors of the Poor, may, if they shall think fit, recover such Costs and Expenses before Two Justices, or, in Scotland, before the Sheriff or Magistrates or Two Justices, from the Owner or Occupier of the Premises in respect of which such Order is made; and any Two Justices, or, in Scotland, the Sheriff or Magistrates or any Two Justices, upon the Application of any such Town Council, Magistrates, Trustees, Commissioners, Guardians, Officers of Health, or other Body, or Procurator Fiscal, Dean of Guild, or Inspector of the Poor, shall issue a Summons, or, in Scotland, an Order, requiring such Owner or Occupier to appear before them, or before him or them, at a Time and Place to be named therein; and at the Time and Place so named, upon Proof to the Satisfaction of such Justices, or such Sheriff or Magistrates or Justices, that any such Costs and Expenses have been so incurred as aforesaid, and (in case such Owner or Occupier do not appear) that a Copy of such lastmentioned Summons or Order was served by delivering the same to some Person on the Premises in respect of which the Costs and Expenses were incurred, or, if there be no Person upon the Premises who can be so served, by fixing the same upon some conspicuous Part of such Fremises, such Justices, or such Sheriff or Magistrates or Justices, unless they think fit to excuse the Party summoned upon the Ground of Poverty or other special Circumstances, shall, by Order in Writing, in England or Ireland under the Hands and Seals of such Justices, or, in Scotland, under the Hands of such Sheriff or Magistrates or Justices, order him to pay the Amount to the Applicants, together with the Costs attending such Application and the Proceedings thereon; and if the Amount be not paid within Seven Days after Demand, the same may, by Warrant under the Hands and Seals of the same or any other Two Justices, or, in Scotland, under the Hands of the Sheriff or Magistrates or Justices, by whom the last-mentioned Order shall have been made, or any other Two Justices, be levied by Distress and Sale of the Goods and Chattels of the Owner or Occupier in default; and if no Distress sufficient to satisfy the same can be found within the Jurisdiction of the Justices, or of the Sheriff or Magistrates or Justices, by whom such Warrant shall have been issued, and it so appear upon Oath before Two Justices, or, in Scotland, before the Sheriff or Magistrates or Two Justices, of any other County or Jurisdiction in which any Goods or Chattels of the Defaulter may be, such last-mentioned Justices, or Sheriff or Magistrates or Justices, shall endorse their or his Signatures or Signature upon the lastmentioned Warrant, and thereupon the Amount to be levied, or so much thereof as may be unsatisfied, shall be levied of the last-mentioned Goods and Chattels, in the same Manner as if such Warrant had been originally and properly issued by the Justices, or by the Sheriff or Magistrates or Justices, of such last-mentioned County or Jurisdiction. Appendix No. 3. 11 & 12 Vic. c. 123. penses of this frayed out of IV. And be it enacted, That all Costs and Expenses reasonably Certain Exincurred as aforesaid in carrying into effect any of the Provisions Act to be deherein-before contained, and not recovered from any Owner or Occu- Poor's Rates, &c. pier of the Premises in respect of which such Expenses shall have been incurred, shall, upon an Order in Writing specifying the Sum to be paid, under the Hands and Seals of Two Justices, or, in Scotland, under the Hands of the Sheriff or Magistrates or Two Justices, (who are hereby required to make such Order, upon proper Application in this Behalf,) be retained, paid, or defrayed by the Treasurer of such Guardians or Parochial Board, or by the Overseers of the Poor, or other proper Officers or Persons, out of the Funds in their Hands applicable to the Relief of the Poor, and shall be charged to the Parish, Electoral Division, or Place maintaining its own Poor in which the Premises in respect whereof such Costs and Expenses shall have been so incurred are situated, and in other Places in England or Ireland out of any public Rates or Funds raised in such Places, or applicable thereto under the Authority of Parliament, or in case there be no such Rates or Funds as last aforesaid, then out of the Funds for the Relief of the Poor of the Parish, Electoral Division, or Place nearest adjoining, or if there be Two or more Parishes or Places nearest adjoining, out of the Funds for the Relief of the Poor of such One of them as Two Justices shall, by Order in Writing under their Hands and Seals, appoint; and in case any such Costs or Expenses shall have been incurred on account or in respect of any Parish in Scotland in which it shall happen that there is not at the Time an Assessment for the Relief of the Poor imposed or levied, then the same shall be paid or defrayed out of an Assessment to be imposed and levied for that Purpose, and to the Extent necessary, under and in the Manner provided by an Act of the Ninth 8 & 9 Vict. c. 83. Year of Her Majesty's Reign, for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland, and if any such Treasurer, Overseers, or Officers or Persons, neglect or c. 123. any Appendix No. 3. refuse to pay the Sum specified in any Order of Justices, or of 11 & 12 Vict. Sheriff or Magistrates, made under this Enactment, for the Space of Twenty-one Days after the Date of such Order, the same may, by Warrant under the Hands and Seals of the same or any other Two Justices, or, in Scotland, under the Hands of the Sheriff or Magistrates or any Two Justices, by whom such Order shall have been made, or any other Two Justices, be levied by Distress and Sale together with the Costs of such Distress and Sale, of the Goods and Chattels of the Treasurer, Overseers, or other Officers or Persons in default. Above Provisions not to apply to Districts and Places in which the Public Health Act is in force. V. Provided always, and be it enacted, That nothing herein-before contained shall apply to any District, Parish, or Place in which the Public Health Act, 1848, or any Part thereof, (a.) shall be in force, unless and except in so far as the General Board of Health, by Order in Writing, sealed with the Seal of such Board, and signed by Two or more Members thereof, or (in case there be no such Board in existence) as One of Her Majesty's Principal Secretaries of State, by Order in Writing under his Hand, shall otherwise direct: Provided also, that of Sewers not to nothing in this Act shall be construed to impair, abridge, or take away any Power, Jurisdiction, or Authority which may at any Time be vested in any Commissioners of Sewers, or to take away or interfere with any Course of Proceeding which might be resorted to or adopted by such Commissioners if this Act had not been passed. Jurisdiction of Commissioners be impaired. Surveyor of Open Ditches Ways, &c. 8 & 9 Vict. c. 41. VI. And whereas by an Act passed in the Sixth Year of the Reign quired to cleanse of King William the Fourth, for consolidating and amending the Laws adjoining High- relating to Highways in England, the Surveyor and District Surveyor or Assistant Surveyor therein mentioned are empowered to scour, cleanse, and keep open all Ditches, Gutters, Drains, or Watercourses; 5 & 6 W. 4. c. 50. and by an Act passed in the Ninth Year of Her Majesty's Reign, for amending the Laws concerning Highways, Bridges, and Ferries in Scotland, the Trustees or Surveyors therein mentioned are impowered to cleanse the Ditches made or to be made along the Sides of any Highway, in case of the Neglect or Refusal of the Proprietor or Occupier to cleanse such Ditches when duly required so to do by such Trustees or Surveyors; and with a view to the more effectual Removal of Nuisances injurious to Health it is expedient that such Surveyor, District Surveyor, or Assistant Surveyor, Trustees or Surveyors, should not only be empowered but required to scour, cleanse, and keep clear, or cause to be scoured, cleansed, and kept clear, as far as may be practicable, all open Ditches, Gutters, Drains, and Watercourses upon, adjoining, or by or along the Sides of any Highway: (b.) Be it therefore enacted, That the said Surveyor, or District or Assistant Surveyor, Trustees or Surveyors, shall scour, cleanse, and keep clear, or cause to be scoured, (a.) The provisions before contained are made applicable to Cheltenham by sec. 18, of the Local Act, ante, p. 28. (b.) Sce ante, sec- 56 of Local Act, p. 71. cleansed, and kept clear, as far as may be practicable, all open Ditches, Gutters, Drains, and Watercourses upon, adjoining, or by or along the Sides of any Highway; and any Sewage, Drainage, Soil, Filth, or other Matter or Thing whatsoever which shall be removed by any such Surveyor, District or Assistant Surveyor, Trustees or Surveyors, from any such Ditch, Gutter, Drain, or Watercourse, in scouring, cleansing, and keeping clear the same, shall be disposed of by such Surveyor, Assistant or District Surveyor, Trustees or Surveyors, and the Proceeds arising therefrom shall be applied towards the Repair of the Highway within the Parish or Place in which such Removal shall have taken place; and the Provisions herein-before contained with respect to Ditches, Gutters, Drains, and Watercourses upon, adjoining, or by or along the Sides of Highways, shall, in so far as the same relate to England, be deemed to be Part of the said Act relating to Highways in England, and in so far as the same relate to Scotland shall be deemed to be Part of the said Act relating to Highways in Scotland. Appendix No. 3. 11 & 12 Vic. c. 123. from new Houses a Misdemeanor, VII. And be it enacted, That whosoever shall suffer any Sewage, Drainage into Drainage, Soil, Filth, or any Matter or Thing of a noxious or offensive open Ditches Nature to run or flow into or to remain in any open Ditch, Gutter, Drain, a or Watercourse, so as to be a Nuisance to or injurious to the Health of any Person, from any Dwelling House, Building, or other Premises which shall not have been occupied before the passing of this Act, or from any Privy or Watercloset which shall not have been constructed before that Time, shall be deemed guilty of a Misdemeanor, (a.) or, in Scotland, of an Offence punishable by Fine or Imprisonment, and shall, in addition, be liable for every such Offence to a Penalty not exceeding Five Pounds for every Day during which the Offence is continued. and in Ireland sioners of or open certain VIII. And be it enacted, That whenever it is intended to build or Notice to be given to General open any Hospital for the Reception of Patients afflicted with conta- Board of Health, gious or infectious Diseases or Disorders, the Trustees or other Persons to Commisby whose Authority such Hospital is intended so to be built or opened Health, of Inas aforesaid shall give Notice of such Intention to the said General tention to build Board of Health, or (in Ireland) to the Commissioners of Health Hospitals, &c. herein-after mentioned; and no such Hospital shall be built or opened as aforesaid until the said General Board of Health or Commissioners of Health, as the Case may be, have approved thereof in Writing; but nothing herein contained shall apply to the building or opening of any Addition to a Building which shall have been used as a Hospital previously to such Addition. IX. And whereas it is expedient that when any Part of the United Privy Council, Kingdom shall appear to be threatened with or affected by any for- to issue Orders (a.) To which a punishment of Fine or Imprisonment, or both attaches. &c. empowered |