c. 123. Appendix No. 3. or Ashpit, or otherwise as the Case may require], or remove the said 11 & 12 Vic. Pigsty, or Accumulation of Dung, Offal, Filth, Refuse, or Matter, as the Case may be, so that the same shall not be injurious to Health, or a Nuisance as aforesaid]; and if this Order be not complied with, then we [or I] authorize and require you the said Town Council [or Guardians of the Poor, or, in Scotland, the Procurator Fiscal of the County or the Procurator Fiscal or Dean of Guild of the of or the Procurator of the Justices of the or the Inspector of the Poor as the Case may be] to enter upon Burgh of And for your so doing this shall be your sufficient Warrant. One thousand eight hundred and Day of Magistrates of the Police Courts of the Metropolis, or as the Case may Appendix from obeying and carrying into effect the Provisions of the said Act, Given under my Hand and Seal [or in Scotland, under my Hand] WHEREAS it is expedient that the Nuisances Removal and Dis- 11 & 12 Vict. c. 123. Nuisances Removal and eases Prevention Act, 1848, should be amended, and that the Powers of the General Board of Health in relation to certain of the Purposes of that Act should be extended: Be it therefore enacted, by This Act to b the Queen's most Excellent Majesty, by and with the Advice and Con- construed with sent of the Lords Spiritual and Temporal, and Commons, in this present Diseases PTCY CalParliament assembled, and by the Authority of the same, That this tion Act, 1818, Act shall be deemed to be Part of the Nuisances Removal and Diseases Prevention Act, 1848, and shall be construed accordingly. as one Act. mon Witresse ge. in Cases. II. And be it enacted, That it shall be lawful for the General Board Power to Suaof Health, or any Two of the Members thereof, from Time to Time as such Board shall see Occasion, to require, by Summons under the Seal of the said Board, or if by Two only of the Members of such Board, then under the IIands of such Two Members and the Seal of the said Appendix No. 3. 12 & 13 Vict, c. 111. Secretary of Board of Health carry on Prose tion or Neglect of Regulations. Board, (according to the Form in the Schedule annexed to this Act, or as near thereto as the Case will permit,) any Person to appear before such Board to testify on Oath the Truth touching any Matters respecting which the said Board are now or may hereafter be authorized to inquire (which Oath any Member of the said Board is hereby empowered to administer); and every Person who, after Tender of reasonable Expenses in that Behalf, shall not appear pursuant to such Summons, or shall not assign some reasonable Excuse for not so appearing, or refusing to be sworn or examined, shall, upon being convicted thereof before One of Her Majesty's Justices of the Peace or the Sheriff for the County or Place at and within which such Person shall have been by such Summons required to appear and give Evidence shall be situate, for every such Neglect or Refusal forfeit a Sum not exceeding Twenty Pounds. III. And be it enacted, That the Secretary of the General Board of may institute and Health may, on the Order of the said Board, sealed with the Seal of cution for Viola- such Board, and signed by any Two Members thereof, prosecute any Person for wilful Violation or Neglect of any Direction or Regulation issued by such Board under the Nuisances Removal and Diseases Prevention Act, 1848; and all Penalties sued for and recovered by such Secretary shall, notwithstanding anything contained in the last-mentioned Act, be paid to him, and be applied in defraying the Costs and Expenses incurred by him in such Prosecutions, and the Balance (if any) shall be applied in such Manner as the Lords Commissioners of Her Majesty's Treasury shall direct; and if the Penalties so recovered shall be insufficient to defray such Costs and Expenses, the Deficiency shall be defrayed out of any Monies which may be from Time to Time provided by Parliament for that Purpose. Guardians of the tions in certain Cases. IV. And be it enacted, That the Guardians, Directors, Wardens, direct Prosecu- Governors, or Overseers of the Poor, or Parochial Board, or other like Officers having the Management of the Poor, or acting under the Authority of any Local Act of Parliament for the paving, cleansing, drainage, or lighting any Town or Parish, may from Time to Time direct any Prosecutions or legal Proceedings for or in respect of the wilful Violation or Neglect of any Direction or Regulation issued by the General Board of Health, or in Ireland Commissioners of Health, under the Nuisances Removal and Diseases Prevention Act, 1848, and may defray the Expenses of such Prosecutions or Proceedings out of the Funds in their Hands applicable to the Relief of the Poor. Ex-officio act as Justices. V. And be it enacted, That Justices of the Peace being ex-officio Guardians may Guardians of the Poor may in all Cases, notwithstanding their holding the Office of Guardian, exercise in Petty Session the Jurisdiction vested in them as Justices of the Peace under the Nuisances Removal and Diseases Prevention Act, 1848. Appendix c. 111. Poor, &c. may ceedings upon Medical or Re VI. And be it enacted, That Guardians, Directors, Wardens, Governors, Overseers, or Parochial Board, or other like Officers having the 12 & 13 Vic. Management of the Poor, or acting under such Authority as aforesaid, upon the Receipt of a Certificate of any Medical or Relieving Officer Guardians of the of the Union or Parish for which any such Guardians, Directors, take certain ProGovernors, Overseers of the Poor, or Parochial Board, or other Officers, the Certificate of act, stating the Existence of any of the Cause or Causes of Complaint lieving Oficer. specified in the Sections numbered I. and II. in the Copies of the Nuisances Removal and Diseases Prevention Act, 1848, printed by Her Majesty's Printers, or in Ireland upon the Receipt of a like Certificate of any such Medical or Relieving Officer, or of any Two Constables of the Constabulary Force of the District or Place or of any Two Constables of the Dublin Police within the Dublin Police District, shall take all such Proceedings as by the said Sections respectively are required to be taken upon the Receipt of a Notice in Writing signed by Two Inhabitant Householders, and in the same Manner (as nearly as may be) as if such Notice had been given. Poor, &c. may Expenses with or Magistrates. VII. And whereas it is enacted by the Nuisances Removal and Dis- Guardians of the eases Prevention Act, 1848, that all Costs and Expenses reasonably defray certain incurred in carrying into effect certain Provisions therein contained, out an Order of and not recovered from any Owner or Occupier of the Premises in Justices, Sheriff, 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 Magistrate, or Two Justices, be retained, paid, or defrayed by the Treasurer of the Guardians of the Poor, or Parochial Board, or by the Overseers of the Poor, or other proper Officers, out of the Funds in their Hands applicable to the Relief of the Poor; and it is expedient that such Costs and Expenses should be retained, paid, and defrayed in certain Cases without an Order of Justices, Sheriff, or Magistrates: Be it therefore enacted, That whenever any such Costs and Expenses shall have been or shall be reasonably incurred by any Guardians, Directors, Wardens, Governors, Overseers of the Poor, or Parochial Board, or other like Officers having the Management of the Poor, and the same shall not have been recovered from the Owner or Occupier of the Premises in respect of which such Costs and Expenses shall have been incurred, such Costs and Expenses may, where an Order shall have been made by the Justices for the Removal or Abatement of the Nuisance, or in any Case where the Amount shall not exceed Twenty Shillings, be retained, paid, and defrayed by the Treasurer of such Guardians, or by such Directors, Wardens, Governors, Overseers, or Parochial Board, or other like Officers, (as the Case may be,) out of the Funds in their Hands applicable to the Relief of the Poor, without the Order of any Justice or Justices of the Peace, anything in the said Act to the contrary notwithstanding, and be charged as in the said Act directed. Appendix No. 3. c. 111. Guardians of Unions or Parochial Boards may charge Expenses of removing Nui &c. where Pre Inises situated. VIII. And be it enacted, That where the Guardians of a Union, or 12 & 13 Vic. Parochial Board, shall, in the Execution of any Order or Regulation of the Board of Health issued under the Authority of the said hereinbefore mentioned Act, expend any Money in the Removal or Abatement of a Nuisance from any private Premises or Land, or from any public Place, they may, if they think fit, charge the same, where the sances on Parish, Expenses do not exceed Twenty Shillings, to the Parish or Place or Electoral Division in the Union or Combination wherein the Premises shall be situated in respect whereof such Expenses shall have been incurred, and where they exceed Twenty Shillings, and the Guardians or the Majority of the Guardians, if more than Two Guardians of such Parish, Electoral Division, or Place, object in Writing to the said Expenses being so charged, then only upon an Order in Writing 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 Application on behalf of such Guardians. General Board of be made into State of Burial Grounds, and may direct Measures of Precaution. IX. (a.) And be it enacted, That it shall be lawful in England or cause Inquiry to Wales for the General Board of Health, and in Ireland for the Commissioners of Health, to cause Inquiry to be made by a Superintending Inspector, or by such other Ways and Means as the General Board of Health or such Commissioners may deem fit to direct, into the State of the Burial Grounds in any Part of England or Wales excepted from the Powers of the Public Health Act, 1848, or in any populous City, Town, or Place in England or Wales to which for the Time being the said Act has not been applied, or in any populous City, Town, or Place in Ireland; and if it appear to the General Board of Health or the said Commissioners that any such Burial Ground is in such a State as to be dangerous to the Health of the Persons living in the Neighbourhood thereof, it shall be lawful for the said General Board of Health in England and Wales, under the Seal of the said Board, and under the Hands of Two or more Members thereof, and the said Commissioners of Health in Ireland, under the Hands of Two or more of them, to issue such Orders as the said Board or Commissioners respectively may think fit for the Application of such disinfecting Substances, and for the Adoption of such other Measures of Precaution in relation to the Premises, as may, in the Opinion of the said Board or Commissioners of Health, tend to lessen or remove the Danger to Health; and the Churchwardens and other Persons having the Care and Control of the Burial Grounds to which such Orders shall relate shall do all such Works and Matters in relation thereto as by such Orders may be directed, and all Expenses incurred in the Execution of such Orders (a.) The 96th and 7 following sections of the Local Act, ante p. 126, et seq. make full provisions for regulating Burials, preventing danger to IIcalth, &c., and closing Burial Places. |