Appendix

No. 3.

mention or refer to the Owner or Occupier of any Premises, it shall be sufficient to designate him as the "Owner" or Occupier" of such 11 & 12 Vic. Premises, without Name or further Description.

66

c. 123.

to be quashed

Form.

XX. And be it enacted, That no Order, nor any other Proceeding, Proceedings not Matter, or Thing done or transacted in or relating to the Execution of for Want of this Act, shall be vacated, quashed, or set aside for Want of Form, or be removed or removeable by Certiorari, or by Suspension or Advocation, or other Writ or Process whatsoever, into any of the Superior Courts.

commenced un

enforced, al

has expired.

XXI. And be it enacted, That all Proceedings whatsoever com- Proceedings menced or taken or to be commenced or taken under the said first- der 9 & 10 Vict. recited Act of the Tenth Year of Her Majesty's Reign, and which 8, 96, may be shall not have been completed and enforced whilst the last-mentioned though that Act Act continues in force, may be proceeded with and enforced under the Provisions of that Act, although such Provisions be no longer in force, in the same Manner in all respects and to all Intents and Purposes as if the same continued to be in force, and as if the said last-mentioned Act had not expired.

of Terms.

XXII. And be it enacted, That in this Act the following Words and Interpretation Expressions shall have the Meanings herein-after assigned to them, unless such Meanings be repugnant to or inconsistent with the Context; (that is to say,) the Words "Justice" and "Justices" shall mean a Justice or Justices of the Peace acting for the Place where the Matter or any Part of the Matter, as the Case may be, requiring the Cognizance of the "Justice" or "Justices" arises; the Expression "Two Justices" shall mean Two or more Justices assembled and acting together, or One Stipendiary or Police Magistrate acting in any Police Court for the Place in which the Matter or any Part of the Matter, as the Case may be, requiring the Cognizance of "Two Justices" arises; the Word "Sheriff" shall mean the Sheriff of any County or Place in Scotland where the Matter requiring the Cognizance of the "Sheriff” arises, and shall include the Sheriff Substitute; the Word "Magistrates" shall mean the Magistrates of any Royal Burgh in Scotland where the Matter requiring Cognizance arises; the Words "Guardians of the Poor" and the Words Parochial Board" shall mean the Guardians, Directors, Wardens, Governors, Parochial Board, or other like Officers having the Management of the Poor for any Union, Parish, Combination, or Place where the Matter requiring the Cognizance of any such Officers arises; the Word "Street" shall include every Highway, Road, Square, Row, Lane, Mews, Court, Alley, and Passage, whether a Thoroughfare or not; the Word "Owner" shall mean any Person receiving the Rents of the Property in respect of which that Word is used from the Occupier of such Property, on his own Account, or as Trustee or Agent for any other Person, or who would receive the

66

Appendix No. 3. same if such Property were let to a Tenant; the Word "Person," and 11 & 12 Vic. Words applying to any Person or Individual, shall apply to and include c. 123. Corporations, whether aggregate or sole; and Words and Expressions importing the Singular Number shall include the Plural Number, and Words importing the Masculine Gender shall include Females.

Mode of citing this Act.

Act may be amended &c.

XXIII. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments and other Proceedings, it shall be sufficient to use the Words "The Nuisances Removal and Diseases Prevention Act, 1848."

XXIV. And be it enacted, That this Act may be amended or repealed in this present Session of Parliament.

may be; or, in Scotland, to the Procurator Fiscal of the County of or to the Procurator Fiscal or Dean of Guild of or to the Procurator Fiscal of the

the Burgh of
Justices of the County of

of the Poor of the Parish of

may be.]

WE, the undersigned
Householders] of

residing at

or to the Inspector

or as the Case

Inhabitants [or, in Scotland, [insert the Parish or Place], and in [insert the Parish or Place before

mentioned] aforesaid, do hereby give you Notice, that to the best of
our Knowledge and Belief a Dwelling House [or Building] situate at
No.
Street in

in

aforesaid [or such other Description as may be sufficient to identify the Premises] is in such a filthy and unwholesome Condition as to be a Nuisance to [or injurious to the Health of] A.B., or as the Case may be, or that upon certain Premises situate at [inserting such a Description as may be sufficient to identify the Premises there is a foul and offensive Drain, Ditch, Gutter, Privy, Cesspool, or Ashpit, or a Drain,

Appendix
No. 3.

c. 123.

&c., kept or constructed so as to be a Nuisance to us, or to the Occupiers of the Premises adjoining the Premises aforesaid, or as the Case 11 & 12 Vic. may be, or that upon certain Premises situate at, &c., Swine, or an Accumulation of Dung, Manure, Offal, Filth, Refuse, or Matter, or as the Case may be, are or is kept so as to be injurious to our Health, or to the Health of A.B., or of the Occupiers of the Premises adjoining the Premises aforesaid, or of Persons living in the Neighbourhood, or of the Persons living in the Premises aforesaid, as the Case may be, or that upon certain Premises, &c. Swine, &c. are kept so as to be a Nuisance to us, &c. as the Case may be]. And we hereby require that you will cause such Proceedings to be taken as are directed in this Behalf by the "Nuisances Removal and Diseases Prevention Act, 1848."

To the Owner [or Occupier] of a Dwelling House [or Building, or of certain Premises,] situate at [insert such a Description as may be sufficient to identify the Premises].

County of

[OR Borough, &c. of

On Metropolitan Police District, OR AS THE CASE MAY BE] to wit.

WHEREAS Complaint hath been made to the
undersigned, One of Her Majesty's Justices of
the Peace acting in and for the said County of
[or Borough, &c. of

],

or One of the Magistrates of the Police Courts of the Metropolis holden

at

in the Parish of

[or such other

[or as the Case may be], by the Town Council of the Borough of [or as the Case may be], that a certain Dwelling House [or Building] situate at No. [or as the Case may be] in the County of Description as may be sufficient to identify the Premises] is in such a filthy and unwholesome Condition as to be a Nuisance to or injurious to the Health of A.B. or as the Case may be, [or that upon certain Premises situate at [inserting such a Description as may be sufficient to identify the Premises] there is a foul and offensive Drain, [Ditch, Gutter, Privy, Cesspool, or Ashpit, or a Drain, &c., kept or constructed so as to be a Nuisance to A.B., &c. [as the Case may be,] or that Swine [or an Accumulation of Dung, Manure, Offal, Filth, Refuse, or Matter, or as the Case may be,] are [or is] kept so as to be injurious to the

Appendix
No 3.

Health of A.B., or of the Occupiers of the Premises adjoining the Pre11 & 12 Vic. mises aforesaid, or of Persons living in the Neighbourhood of the Prec. 123. mises aforesaid, or of Persons living in the Premises aforesaid, or a Nuisance to A.B., &c., [as the Case may be]. These are therefore to require you to appear before Two of Her Majesty's Justices of the Peace [or One of the Magistrates of the Police Courts of the Metropolis, at the Court holden at ] on the Day of next, at the Hour of the Matter of the said Complaint.

to answer

Order for Removal of Nuisances, &c.

To the Owner [or Occupier] of the Dwelling House [or Building or

Premises] situate at No.

in

in the County of

Street in the [or such

Parish of
other Description as may be sufficient to identify the Premises], and to
the Town Council of the Borough of
dians of the Poor of the

in the County of

the Procurator Fiscal of the County of

[or to the Guar

Union, or of the Parish of

in Scotland,

curator Fiscal or Dean of Guild of the Burgh of

or,

or the Pro

or the Procurator Fiscal of the Justices of the Peace of the County

of

or the Inspector of the Poor of the Parish of as the Case may be], and to their Servants or

to wit.

WHEREAS on the

Day of

last Complaint was made before the undersigned [or before J.K. Esquire, One of

Her Majesty's Justices of the Peace acting in and for the County of
[or before the undersigned, or J.K. Esquire, One of
the Magistrates of the Police Courts of the Metropolis, or as the Case
may be,] by the Town Council of the Borough of
by the Guardians of the Poor of the

in the County of

Parish of
Scotland, by the Procurator Fiscal of the County of

[or

Union, or of the

; or, in

or by the Procurator Fiscal or Dean of Guild of the Burgh of

or by the Procurator Fiscal of the Justices of the Peace of the County

of

of

Appendix
No. 3.

or by the Inspector of the Poor of the Parish
as the Case may be], that a Dwelling House 11 & 12 Vic.

in

[or Building] situate at No.
Street in
[the Parish or Place before mentioned aforesaid, [or such other Descrip-
tion as may be sufficient to identify the Premises,] then was in such a
filthy and unwholesome Condition as to be a Nuisance [or injurious to
the Health of] A.B., or as the Case may be, [or that upon certain Pre-
mises situate at [inserting such a Description as may be sufficient to
identify the Premises] there then was a foul and offensive Drain,
[Ditch, Gutter, Privy, Cesspool, or Ashpit, or a Drain, &c. kept or
constructed so as to be a Nuisance to A.B., &c., as the Case may be], or
that upon certain Premises, situate, &c., Swine, or an Accumulation of
Dung, Manure, Offal, Filth, or Refuse, or as the Case may be, are or
is kept so as to be injurious to the Health of A.B., or of the Occu-
piers of the Premises adjoining the Premises first aforesaid, or of Per-
sons living in the Neighbourhood of the Premises first aforesaid, or of
Persons living in the Premises first aforesaid, or so as to be a Nuisance to
A.B., &c. And whereas the Owner [or Occupier] of the said Dwelling
House, Building, or Premises having this Day appeared before us, Two
of Her Majesty's Justices of the Peace acting in and for the County
[or Borough] of [or before me, One of the Magistrates of the Police
Courts of the Metropolis, or, in Scotland, before the Sheriff or Magis-
trates or Two Justices of the Peace, as the Case may be], to answer the
Matter of the said Complaint, [or in case the Party charged do not ap-
pear, And whereas it hath this Day been proved to our [or my] Satis-
faction, that a true Copy of a Summons requiring the Owner [or Oc-
cupier] of the said Dwelling House [or Building or Premises] to appear
this Day before us [or me] has been duly served according to the Sta-
tute in such case made and provided], and it having been proved [or
also proved, as the Case may require,] that the said Dwelling House [or
Building] is in such a filthy and unwholesome Condition as aforesaid,
[or that upon the Premises aforesaid [or first aforesaid] there is a foul
and offensive Drain [Privy, Cesspool, or Ashpit, or a Drain, &c. kept or
constructed so as to be a Nuisance to A.B., &c., as the Case may be], or
that upon the Premises aforesaid, or first aforesaid, an Accumulation
of Dung, Manure, Offal, Filth, or Refuse, or as the Case may be, is kept,
or a Pigsty exists, so as to be injurious to Health as aforesaid, or so
as to be a Nuisance to A.B., &c., as the Case may be]: We [or I] do
hereby, in pursuance of the Statute in such Case made and provided,
order the said Owner [or Occupier] of the said Dwelling House [or Build-
ing, or Premises, or first-mentioned Premises, within Hours from
the Service of this Order, [or a true Copy thereof], according to the
Statute in such case made and provided, to cleanse, [whitewash or
purify] the said Dwelling House [or to cleanse, cover, or fill up, or as
the Case may require, the said Drain [Ditch, Gutter, Privy, Cesspool,

c. 123.