« AnteriorContinuar »
them, to inspect rates made for county or part of county within 213. Power to grant retiring allowances to persons em. the metropolis.
ployed under metropolitan commissioners of sewers. 172. Payment to be obtained from the city and from parishes 214. Compensation to officers of paving boards. by precepts to the chamberlain of the city and to restries and 215. Where two or more persons are to do any act or pay district boards.
any sum of money, vestry or district board may apportion the 173. Payment of sums assessed upon the city.
same. 174. Payment by vestries and district boards of sums assessed 216. Power to vestries and district boards to spread repay. by metropolitan board.
ment of expenses over a period not exceeding twenty years, 175. Provision for assessing and levying rates in places 217. Occupiers to pay expenses for which owners are liable, where there is no poor rate. Mode of making the assessment. and to be reimbursed out of the rent. Allowance to assessors.
218. Occupier not to be required to pay more than the 176. Places in Schedule (C.) not now under rating for amount of rent owing by him. sewers not to be rated, except for intercepting sewers.
219. Agreements between landlord and tenant not to be 177. When assessment is made, notice thereof to be given, affected. and all persons included in the assessment to have liberty to 220. As to service of notices, &c. on metropolitan and disinspect it &c. Penalty for refusing inspection.
trict boards and vestrics. 178. As to the collection of the rate charged in such assess- 221. As to service of notices on owners and occupiers and ment.
other persons. 179. Appeal against assessment. The assessment may be 222. Authentication of documents. altered to relieve the appellant, without altering any other part
223. Proof of debts in bankruptcy. of it.
224. Tender of amends. 180. Provision for discharging existing liabilities under local 225. Compensation, damage, and expenses, how to be ascer. acts relating to paving, &c.
tained and recovered. 181. Provision for payment of liabilities of metropolitan 226. Method of proceeding before justices in questions of commissioners of sewers.
damages, &c. 182. Where metropolitan commissioners of sewers have in. 227. Penalties, &c. to be recovered as provided by the 11 curred expenses, to be paid by improvement rates, &c., the & 12 Vict. c. 43. metropolitan board may levy such rates as remain due.
228. Damages to be made good, in addition to penalty. 183. Power to boards and vestries to borrow money on 229. Transient oflenders. mortgage. No priority amongst mortgagees.
230. Proceedings not to be quashed for want of form. 184. Power to commissioners acting under the 14 & 15 231. Parties allowed to appeal to quarter sessions, on giving Vict. c. 23, to make advances.
security. 185. Form of mortgage. Register of mortgages.
232. Court to make such order as they think reasonable. 186. Repayment of money borrowed at a time agreed upon. 233, Penalties to be sued for within six months. Interest on mortgages to be paid half-yearly. As to repay- 234. Application of penalties. ment of money borrowed when no time has been agreed upon. 235. Provision for joint action of vestries, and elections out Interest to cease on expiration of notice to pay off a mortgage of vestries under local acts. debt.
236. Agreement between the London and North-western 187. Power to borrow to pay off existing securities. Railway Company and certain paving commissioners confirmed.
188. Payment of principal and interest may be enforced by 237. Special provision as to powers of commissioners acting the appointment of a receiver.
under the 5 & 6 Vict. c. 48, as to paving Ely-place, &c. 189. Transfer of mortgages. Register of transfers.
238. Special provision as to parish of Woolwich. 190. Sinking fund to be formed for paying off mortgages. 239. Special provisions as to inclosed gardens in squares, &c. 191. Mode of paying off mortgages.
240. Saving of powers and property of commissioners under 192. Accounts of metropolitan board, district boards, and the 14 & 15 Vict. c. 95. vestries to be balanced up to the end of each year.
241. Saving of the rights of the commissioners of works. 193. Auditor of accounts of metropolitan board to be ap- 242. Saving of powers of the city commissioners of sewers pointed by Secretary of State, and remunerated by the board. over certain parts of parishes in Schedule (B.)
194. Auditors to be elected annually by the district boards. 243. Saving rights of Metropolitan Sewage Manure Com. 195. As to the audit of accounts.
pany, acting under the 9 & 10 Vict. c. cccxcviii, and the 196. Abstract of accounts to be made.
10 & 11 Vict. c. cxxxviii. 197. Accounts of other parochial boards to be audited by 244. Saving rights of commissioners or trustees of turnpikethe auditors elected under this act.
roads. 198. Annual reports by vestries and district boards.
245. Saving for Metropolitan Police Commissioners. 199. Vestry to make out and publish yearly a list of estates, 246. Not to prejudice dispute between Battersea and Penge. charities, and bequests, &c., with the application thereof. 217. Repeal of acts inconsistent with this act. 200. Annual report of metropolitan board of works.
218. In case of conflict with the provisions of this act, pro201. Reports, &c. of metropolitan board to be laid before visions of local acts may be varied by Order in Council on Parliament.
petition of boards or vestries. 202. Power to metropolitan board of works to make bye. 219. Act may be extended by Order in Council to parishes laws. Penalty for breach of bye-laws. Power to justices to adjoining the metropolis not having less than 750 ratepayers. remit penalties.
250. Interpretation of terms :-" The metropolis :" "the 203. Publication of bye-laws. Evidence of bye-laws. city of London :" "parish :" "overseers of the poor :" 204. Buildings not to be made over sewers without consent. “ rates :" “ owner :" • street :" " drain :" "sewer :" " ash205. Penalty on persons sweeping dirt into sewers. 206. Penalty for wilfully damaging &c. lamps or other pro.
251. Commencement of act. perty of vestries or district boards, or of the metropolitan board. 207. Persons carelessly or accidentally damaging lamps, &c.
CAP. CXXI. to make satisfaction.
An Act to consolidate and amend the Nuisances Removal and 208. Penalty on interrupting workmen, &c. in execution of Diseases Prevention Acts, 1848 and 1819. duties.
(14th August, 1855.) 209. Penalty upon occupiers obstructing execution of works, Sect. 1. Recited acts repealed, as far as relates to England, or not disclosing owner's name.
except as to proceedings commenced. 210. Savings and provisions in local acts applicable to com
2. Interpretation of certain terms used in this act. missioners of sewers to apply to metropolitan and district boards and vestries.
Part 1. 211. Power to appeal against orders and acts of vestries and Constitution of Local Authority, Expenses, Description of district boards in relation to construction of works.
Nuisances, and Powers of Entry. 212. Metropolitan board to appoint a committee for hearing 3. The local authorily lo execute this act in places as appeals.
4. As to filling up vacancies.
land, and to substitute other provisions more effectual in that 5. Power to local authority to appoint committees. behalf : be it therefore enacted &c, as follows:6. As to the execution of this act in extra-parochial 1. From and after the passing of this act the said acts are places.
by this section repealed, as far as relates to England: provided 7. As to defraying expenses of executing this act. always, that all proceedings commenced or taken under the said 8. What are deemed nuisances under this act.
acts, and not yet completed, may be proceeded with under the 9. Power to local authority to appoint a sanitary in. said acts; and all contracts or works undertaken by virtue of spector, and allow him a proper salary.
the said acts shall continue and be as effectual as if the said acts 10. Notice of nuisances to be given to local authority, &c., had not been repealed. to ground proceedings.
2. In this act the following words and expressions have the 11. Power of entry to local authority or their officer. meanings by this section hereinafter assigned to them, unless Part II.
such meanings be repugnant to or inconsistent with the con
text; (that is to say), the word "place" includes any city, With regard to the Removal of Nuisances.
borough, district under the Public Health Act, parish, town12. Proceedings by local authority before justices in the ship, or hamlet, or part of any such city, borough, district,
case of nuisances likely to recur, &c. If proved to town, parish, township, or hamlet; the word “guardians” justices that nuisance exisls, gc., they shall issue includes the directors, wardens, overseers, governors, or other order for abalement, &c.
like officers having the management of the poor for any parish 13. Justices' order for abatement. Prohibitive order or place where the matter or any part of the matter requiring against future nuisance.
the cognisance of any such officer arises ; the word “borough,' 14. Penalty for contravention of order of abatement, and the expressions “ mayor, aldermen, and burgesses,”
and of prohibition. Local authority may enter, and “council," and “borough fund," have respectively the same remove or abate nuisance.
meaning as in the acts for the regulation of municipal corpo. 15. Appeal against order of prohibition.
rations, and shall also respectively mean, include, and apply to 16. Appeal against order of abatement when structural any royal borough, royal town, or other town having a warden, works are required.
high bailiff, borough reeve, or other chief officer, and bur17. If person causing nuisance cannot be found, local gesses or inhabitants, however designated, associated with him authority to execute order at once.
in the government or management thereof, or any town or 18. Manure, &c. to be sold.
place having a governing body therein in the pature of a cor19. Costs and expenses of works to be paid by person on poration or otherwise, and to the chief officers and governing
whom order is made, or owner or occupier. bodies of such boroughs, towns, and places, and to the funds 20. Proceedings before justices to recover expenses. and property under the management of or at the disposal of 21. Surveyors of highways to cleanse ditches, g-c., paying such chief officers and governing bodies ; the espression “imowners, &c. for damages.
provement act” means an act for regulating and managing the 22. Power to local authority to corer and improve open police of, and for draining, cleansing, paving, lighting, watchditches, &c.
ing, and improving a place, and an act for any of those pur23. Penalty for causing waler to be corrupted by gas poses ; the word “ owner" includes any person receiving the washings.
rents of the property in respect of which that word is used, 24. Penally lo be sued for in superior courts within six from the occupier of such property, on his own account, or as months.
trustee or agent for any other person, or as receiver or seques25. Daily penally during the continuance of the offence. trator appointed by the Court of Chancery or under any order 26. Penalty on sale of unwholesome meat, 8c.
thereof, or who would receive the same if such property were 27. As to nuisances arising in cases of noxious trades, let to a tenant; the word “premises” extends to all mesbusinesses, processes, or manufactures.
suages, lands, or tenements, whether open or inclosed, whether 28. Reference to a superior court, at the option of the built on or not, and whether public or private; the word party complained against.
“ parish" includes every township or place separately main29. On certificate of medical officer to local authority taiping its poor, or separately maintaining its own highways;
that house is overcrowded, proceedings may be the expression • quarter sessions” means the court of general taken to abate the same.
or quarter sessions of the peace for a county, riding, or divi. 30. Local authority to order costs of prosecutions to be sion of a county, city, or borough; the word “person," and paid out of the rates.
words applying to any person or individual, apply to and inPart III.
clude corporations, whether aggregate or sole; and the exAs to Procedure under this Act.
pression “two justices' shall, in addition to its ordinary
signification, mean one stipendiary or police magistrate actiog 31. Service of notices, summonses, and orders.
in any police court for the district. 32. Proof of resolutions of local authority. 33. As to proceedings taken against several persons for
Part I. the same offence.
And with respect to the constitution of the local authority 34. One or more joint owners or occupiers may be pro. for the execution of this act, the expenses of its execution, the ceeded against alone.
description of nuisances that may be dealt with under it, and 35. Designation of “ owner" or "occupier."
the powers of entry for the purposes of the act, be it enacted 36. Penalty for obstructing erecution of this act.
thus :37. Penally on occupier obstructing owner.
3. The following bodies shall respectively be the local au38. Penalties and expenses recoverable under the 11 & 12 thority to execute this act in the districts hereunder stated in Vict. c. 43.
England : 39. Proceedings not to be quashed for want of form.
In any place within which the Public Health Act is or shall 40. Appeals under this act to be to quarter sessions.
be in force, the local board of health : 41. Forms to be used as in schedule.
In any other place wherein a council exists or shall exist, 42. As to protection of local authority and its officers.
the mayor, aldermen, and burgesses, by the council, ex43. Act not to impair jurisdiction of sewers commis
cept in the city of London and the liberties thereof, where sioners, or common-law remedies for nuisance, nor
the local authority shall be the commissioners of sewers jurisdiction of local authority as to the nuisances
for the time being; and except in the city of Oxford and referred to in this art.
borough of Cambridge, where the local authority shall be 44. Act not to affect navigation of rivers or canals.
the commissioners acting in execution of the local im45. Saviny as to rights of millowners, &c.
provement acts in force respectively in the said city and 46. Short title.
borough: Whereas the provisions of the Nuisances Removal and Dis- In any place in which there is no local board of health or eases Prevention Act, 1818, [11 & 12 Vict. c. 123], amended council, and where there are or shall be trustees or comby the Nuisances Removal and Diseases Prevention Amend. missioners under an improvement act, such trustees or ment Act, 1849, [12 & 13 Vict. c. 111), are defective, and it commissioners : is expedient to repeal the said acts as far as relates to Eng- In any place within which there is no such local board of
health, nor council, body of trustees, or commissioners, Provided always, that in the city of Oxford and borongh of and where there is or shall be a board for the repair of the Cambridge such expenses shall be deemed annual charges highways of such place, that board :
and expenses of cleansing the streets of the said city and In any place where there is no such local board of health, borough respectively, and shall be so payable :
council, body of trustees, or commissioners, nor highway Out of the rates levied for purposes of improvement under board, a committee for carrying this act into execution, any improvement act, where the local authority is a body by the name of “ The Nuisances Removal Committee," of trustees or commissioners acting in execution of the of which the surveyor or surveyors of highways for the powers of such an act : time being of such place shall be ex officio a member or Out of highway rates, or any fund applicable in aid or in members, may be annually chosen by the vestry on the lieu thereof, where the local authority is a highway board same day as the overseers or surveyors of highways, and or a nuisances removal committee : the first of such committees may be chosen at a vestry to Out of the rates for lighting and watching, where the local be specially held for that purpose; and such committee authority is a board of inspectors appointed for lighting may consist of such number of members as the vestry and watching : shall determine, not being more than twelve, exclusive And if there be no such rates or funds, or if the local au. of such surveyor or surveyors; and of such committee thority be the guardians and surveyors of highways, then three shall be a quorum :
out of the rates or funds applicable to the relief of the poor In any place wherein there is no such local board of health, of the parish or place wherein such rates or funds are col.
council, body of trustees, or commissioners, highway lected or arise, if such parish or place be co-extensive with board, or committee appointed as aforesaid, and wherein the district within which the charges and expenses are inthere is or shall be a board of inspectors for lighting and curred; but if such parish or place be now, or bereafter watching under the act 3 & 4 Will. 4, c. 90, that board, shall be, partly comprised within and partly without the with the surveyors of highways:
limits of a place where a local authority, otber than a In any place in which there is no such local board of health, highway board, nuisance removal committee, inspectors
council, body of trustees, or commissioners, nor highway of watching and lighting, and surveyors or guardians and board, nor committee appointed as aforesaid, nor board surveyors, exists or shall exist, all the charges and exof inspectors for lighting and watching, the guardians and penses incurred in the district comprising that part of the overseers of the poor and the surveyors of the highways parish or place which is excluded from such limits shall in and for such place.
be defrayed out of any highway rate or rates, or any funds 4. On any vacancy in such nuisances removal committee, applicable in lieu thereof, collected or raised within the arising from death, change of residence, or otherwise, notice
part so excluded ; and if there be more than one highway sball be given by the committee to the church wardens, who
rate collected within such district, the local authority sball sball forth with summon a meeting of the vestry, and fill up
settle the proportion in which the respective parties or such vacancy by election; and until such vacancy is filled up, places liable thereto shall bear such charges and expenses ; the remaining members of the committee may act in all re- and if any portion of such excluded part be exempt from spects as if their number was complete.
such highway rate or rates, then all the charges and ex5. The local authority may appoint any committee of their penses incurred in the whole of such excluded part sball own body to receive notices, take proceedings, and in all or cer- be defrayed out of any district police rate or other rate tain specified respects execute this act, whereof two shall be a which may by the act 12 & 13 Vict. c. 65, be raised and quorum ; and such local authority or their committee may, in assessed upon such excluded part: each particular case, by order in writing under the hand of the And when the local authority bas not control of such rates chairman of such body or committee, empower any officer or
or funds, the officer or person having the custody or conperson to make complaints and take proceedings on their
trol thereof shall pay over the amount to the local authobebalf.
rity, on the order of two justices, directed to such officer 6. In extra-parochial places not comprised within the juris- or person; and on neglect or refusal to pay the sum spe. diction of any of the local authorities aforesaid, and having a
cified in such order for six days after the service thereof, population of not less than 200 persons, the local authority the same may, by warrant under the hands of the same or for the execution of this act shall be a nuisances removal com- any two justices, be levied by distress and sale of the mittee, elected annually by the householders within the extra- goods and chattels of the officer or person in default, and parochial place :
such levy shall include the costs of such distress and sale : The first election of such committee shall take place at a
In extra-parochial places baving a population of not less meeting of such householders summoned for that pur.
than 200 persons, out of a rate assessed by the local aupose by the churchwardens of the adjacent place having
thority on all such property in the place as would be assessthe largest common boundary with such extra-parochial
able to highway rate if such rate were levied therein : place ; and
In extra-parochial places having a population of less than Subsequent elections shall be held annually on some day in
200 persons, out of a similar rate assessed by the surEaster week at meetings summoned by the chairman of
veyor of higlıways of the adjacent place having the largest the local authority for the year preceding :
non boundary with such extra. parochial place: Extra-parochial places not so comprised as aforesaid, and
And the local authority in the first case, and the surveyor of having a population of less than 200 persons, sball for the
highways in the second, may levy and collect the sums so purposes of this act be attached to and form part of the ad.
assessed, in the same manner, and with the same remedies jacent place having the largest common boundary with the
in case of any default in payment thereof, and with the extra-parochial place, and notice of vestry meetings for
same right of appeal against the amount of such assess. the election of a local authority under and for the pur.
ment reserved to the person assessed, as are provided by poses of this act shall be given in such extra-parocbial
the law in force for the time being with regard to rates for places, and the householders within such places may
the repair of highways. attend such vestry meetings, and vote on such elections. 8. The word “ nuisances" under this act shall include7. All charges and expenses incurred by the local authority Any premises in such a state as to be a nuisance or injurious in executing this act, and not recovered as by this act pro. to health : vided, may be defrayed as follows; to wit
Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, Out of general district rates, where the local authority is a drain, or ashpit so foul as to be a nuisance or injurious to local board of health :
health : Out of the borough fund or borough rate, where the local Any animal so kept as to be a nuisance or injurious to authority is the mayor, aldermen, and burgesses, by the
health: council ; or if there be an improvement act for the borongh Any accumulation or deposit which is a nuisance or injurious administered by the council, then out of rates levied there. to health : under applicable to the purposes of such improvement Provided always, that no such accumulation or deposit as shall act; or in the city of London and the liberties thereof, be necessary for the effectual carrying on of any business or any rates or funds administered by the commissioners of manufacture shall be punishable as a nuisance under this set: sewers for the said city and liberties :
tion, when it is proved to the satisfaction of the justices that
the accumulation or deposit has not been kept longer than is
Part 11. necessary for the purposes of such business or manufacture, and that the best available means have been taken for protect
With regard to the removal of nuisances, be it enacted thus:ing the public from injury to health thereby.
12. In any case where a nuisance is so ascertained by the 9. The local authority shall, for the purposes of this act, local authority to exist, or where the nuisance in their opinion appoint or employ, or join with other local authorities in ap- did exist at the time when the notice was given, and, although pointing or employing, a sanitary ins tor or inspectors, and the same may have been since removed or discontinued, is in may appoint a convenient place for his or their office, and may their opinion likely to recur or to be repeated on the same preallow to every such person on account of his employment a mises or any part thereof, they shall cause complaint thereof proper salary or allowance; and where local authorities join to be made before a justice of the peace; and such justice shall in such appointment or employment, they may apportion thereupon issue a summons requiring the person by whose act, among themselves the payment of such salary or allowance : default, permission, or sufferance the nuisance arises or conprovided always, that where the local anthority has already tinues, or if such person cannot be found or ascertained, the appointed an officer who executes the duties of such inspector owner or occupier of the premises on which the nuisance under any improvement act, it shall not be necessary to ap- arises, to appear before any two justices, in petty sessions point any other inspector under this act, but the inspector assembled, at their usual place of meeting, who shall proceed acting in execution of the improvement act shall have all the to inquire into the said complaint; and if it be proved to their powers, authorities, and privileges granted to any inspector satisfaction that the nuisance exists, or did exist at the time appointed under this act.
when the notice was given, or, if removed or discontinued 10. Notice of nuisance may be given to the local authority since the notice was given, that it is likely to recur or to be by any person aggrieved thereby, or by any of the following repeated, the justices shall make an order in writing under persons--the sanitary inspector, or any paid officer under the their hands and seals on such person, owner, or occupier for said local authority ; two or more inhabitant householders of the abatement or discontinuance and prohibition of the nuisance the parish or place to which the notice relates ; the relieving as hereinafter mentioned, and shall also make an order for the officer of the union or parish; any constable, or any officer of payment of all costs incurred up to the time of hearing or the constabulary or police force of the district or place; and making the order for abatement or discontinuance or prohibi. in case the premises be a common lodging-house, any person tion of the nuisance. appointed for the inspection of common lodging-houses; and 13. By their order the justices may require the person on the local authority may take cognisance of any such nuisance whom it is made to provide sufficient privy accommodation, after entry made as bereinafter provided, or in conformity with means of drainage or ventilation, or to make safe and habitany improvement act under which the inspector has been able, or to pave, cleanse, whitewash, disinfect, or purify the appointed.
premises which are a nuisance or injurious to health, or such 11. The local authority shall have power of entry for the part thereof as the justices may direct in their order, or to following purposes of this act, and under the following con- drain, empty, cleanse, fill up, amend, or remove the injurious ditions:
pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, 1. To ground proceedings.
or ashpit which is a nuisance or injurious to health, or to proFor this purpose, when they or any of their officers have vide a substitute for that complained of, or to carry away the reasonable grounds for believing that a nuisance exists on any accumulation or deposit which is a nuisance or injurious to private premises, demand may be made by them or their health, or to provide for the cleanly and wholesome keeping of officer, on any person having custody of the premises, of ad- the animal kept so as to be a nuisance or injurious to health, mission to inspect the same, at any hour between nine in the or if it be proved to the justices to be impossible so to provide, morning and six in the evening; and if admission be not then to remove the animal, or any or all of these things, (acgranted, any justice having jurisdiction in the place may, un cording to the nature of the nuisance), or to do such other oath made before him of belief in the existence of the nuisance,
works or acts as are necessary to abate the nuisance complained and after reasonable notice of the intended application to such of, such manner and within such time as in such order shall justice being given in writing to the party on whose premises be specified; and if the justices are of opinion that such or the the nuisance is believed to exist, by order under his hand re
like nuisance is likely to recur, the justices may further proquire the person having the custody of the premises to admit bibit the recurrence of it, and direct the works necessary to the local authority or their officer; and if no person having prevent such recurrence, as the case may in the judgment of custody of the premises can be discovered, any such justice such justices require; and if the nuisance proved to exist be may and shall, on oath made before him of belief in the exist. such as to render a house or building, in the judgment of the ence of such nuisance, and of the fact that no person having justices, unfit for human habitation, they may prohibit the custody of the premises can be discovered, by order under his using thereof for that purpose until it is rendered fit for that band authorise the local authority or their officers to enter the purpose in the judgment of the justices; and on their being premises between the hours aforesaid.
satisfied that it has been rendered fit for such purpose, they may 2. To examine premises where nuisances exist, to as
determine their previous order by another declaring such house certain the course of drains, and to execute or
habitable, from the date of which other order such house may inspect works ordered by justices to be done be let or inhabited. under this act.
14. Any person not obeying the said order for abatement For these purposes, whenever, under the provisions of this shall, if he fail to satisfy the justices that he has used all due act, a nuisance has been ascertained to exist, or when an order fence to a penalty of not more than 108. per day during his
diligence to carry out such order, be liable for erery such ofof abatement or prohibition under this act has been made, or
and any person knowingly and wilfully acting conwhen it becomes necessary to ascertain the course of a drain, trary to the said order of prohibition shall be liable for every the local authority may enter on the premises, by themselves such offence to a penalty not exceeding 20s. per day during or their officers, between the hours aforesaid, until the nui. such contrary action; and the local authority may, under the sance shall have been abated, or the course of the drain shall powers of entry given by this act, enter the premises to which have been ascertained, or the works ordered to be done shall the order relates, and remove or abate the nuisance condemned have been completed, as the case may be.
or prohibited, and do whatever may be necessary in execution 3. To remove or abate a nuisance in case of non-com- of such order, and charge the cost to the person on whom the
pliance with or infringement of the order of jus- order is made, as hereinafter provided.
of structural works is required for the abatement of a nuisance, For this purpose the local authority or their officer may they may direct such works to be carried out under the direcfrom time to time enter the premises where the nuisance ex- tion or with the consent or approval of any public board, trusists, or the carcase, meat, poultry, game, flesh, fish, fruit, tees, or commissioners having jurisdiction in the place in vegetables, corn, bread, or flour is found, at all reasonable respect of such works; and if within seven days from the date hours, or at all hours during which business is carried on on of the order the person on whom it is made shall have given such premises, without notice.
notice to the local authority of his intention to appeal against
it as provided in this act, and shall have entered into recog- opinion of the local authority, be rendered innocuous witbout nisances to try such appeal as provided by this act, and shall the laying down of a sewer or of some other structure along appeal accordingly, no liability to penalty shall arise, nor sball the same or part thereof, or instead thereof, such local authoany work be done or proceedings taken under such order, rity shall and they are hereby required to lay down such sewer until after the determination of such appeal, unless such appeal or other structure, and to keep the same in good and service. cease to be prosecuted.
able repair, and they are hereby declared to have the same 17. Whenever it appears, to the satisfaction of the justices, powers as to entering lands for the purposes thereof, and to that the person by whose act or default the nuisance arises, or be entitled to recover the same penalties in case of interference, the owner or occupier of the premises, is not known or cannot as are contained in the 67th and 68th sections of the 5 & 6 be found, then such order may be addressed to and executed Will. 4, intituled “ An Act for consolidating, and amending by such local authority, and the costs defrayed out of the rates the Laws relating to Highways in England;" and such local or funds applicable to the execution of this act.
authority are hereby authorised and empowered to assess every 18. Any matter or thing removed by the local authority in house, building, or premises then or at any time thereafter pursuance of this enactment may be sold by public auction, using for the purposes aforesaid the said ditch, gutter, drain, after not less than five days' notice by posting bills distributed watercourse, sewer, or other structure, to such payment, either in the locality, unless in cases where the delay would be pre- immediate or annual, or distributed over a term of years, as judicial to health, when the justices may direct the immediate they shall think just and reasonable, and, after fourteen days' removal, destruction, or sale of the matter or thing; and the notice at the least left on the premises so assessed, to levy and money arising from the sale retained by the local authority, collect the sum and sums so assessed in the same manner, and and applied in payment of all expenses incurred under this act with the same remedies in case of default in payment thereof, with reference to such nuisance, and the surplus, if any, shall as highway rates are by the law in force for the time being be paid, on demand, by the local authority, to the owner of leviable and collectable, and with the same right and power of such matter or thing.
appeal against the amount of such assessment reserved to the 19. All reasonable costs and expenses from time to time person or persons so assessed as by the law for the time being incurred in making a complaint, or giving notice, or in obtain in force shall be given against any rate made for the repair of ing an order of justices under this act, or in carrying the same the highways; and the provisions contained in this section into effect under this act, shall be deemed to be money paid shall be deemed to be part of the law relating to highways for the use and at the request of the person on whom the order in England : provided always, that where such ditch, gutter, is made; or if the order be made on the local authority, or if drain, or watercourse shall, as to parts thereof, be within the no order be made, but the nuisance be proved to have existed jurisdiction of different local authorities, this enactment shall when the complaint was made or the notice given, then of the apply to each local authority only as to so much of the works person by whose act or default the nuisance was caused; and hereby required, and the expenses thereof, as is included within in case of nuisances caused by the act or default of the owner the respective jurisdiction of that authority: provided also, of premises, the said premises shall be and continue chargeable that such assessment shall in no case exceed 18. in the pound with such costs and expenses, and also with the amount of any on the assessment to the highway rate, if any. penalties incurred under this act, until the same be fully dis- 23. Any person or company engaged in the manufacture of charged, provided that such costs and expenses shall not exceed gas who shall at any time cause or suffer to be brought or to in the whole one year's rack-rent of the premises ; and such flow into any stream, reservoir, or aqueduct, pond, or place costs and expenses and penalties, together with the charges of for water, or into any drain communicating therewith, any suing for the same, may be recovered in any county or superior washing or other substance produced in making or supplying court, or, if the local authority think fit, before any two jus gas, or shall wilfully do any act connected with the making or tices of the peace; and the said justices shall have power to supplying of gas whereby the water in any such stream, redivide such costs, expenses, and penalties between the persons servoir, aqueduct, pond, or place for water shall be fouled, by whose act or default the nuisance arises, in such manner as shall forfeit for every such offence the sum of 2001. they shall consider reasonable ; and if it appear to them that a 24. Such penalty may be recovered, with full costs of suit, complaint made under this act is frivolous or unfounded, they in any of the superior courts, by the person into whose water may order the payment by the local authority or person such washing or other substance shall be conveyed or shall making the complaint of the costs incurred by the person flow, or whose water shall be fouled by any such act as aforeagainst whom the complaint is made, or any part thereof. said ; or if there be no such person, or in default of pro
20. Where any costs, expenses, or penalties are due under ceedings by such person after notice to him from the local or in consequence of any order of justices made in pursuance authority of their intention to proceed for such penalty, by of this act as aforesaid, any justice of the peace, upon the the local authority; but such penalty shall not be recoverable application of the local authority, shall issue a summons re- unless it be sued for during the continuance of the offence, quiring the person from whom they are due to appear before or within six months after it shall have ceased. two justices, at a time and place to be named therein ; and 25. In addition to the said penalty of 2001., (and whether upon proof to the satisfaction of the justices present that any such penalty shall have been recovered or not), the person or such costs, expenses, or penalties are so due, such justices, company so offending shall forfeit the sum of 201. (to be recounless they think fit to excuse the party summoned upon the vered in the like manner) for each day during which such ground of poverty or other special circumstances, shall
, by washing or other substance shall be brought or shall flow as order in writing under their hands and seals, order him to pay aforesaid, or during which the act by which such water shall the amount to the local authority at once, or by such instala be fouled shall continue, after the expiration of twenty-four ments as the justices think fit, together with the charges hours from the time when notice of the offence shall have attending such application and the proceedings thereon; and been served on such person or company by the local authoif the amount of such order, or any instalment thereof, be not rity, or the person into whose water such washing or other paid within fourteen days after the same is due, the same may, substance shall be brought or flow, or whose water shall be by warrant of the said or other justices, be levied by distress fouled thereby, and such penalty shall be paid to the parties and sale.
from whom such notice shall proceed ; and all monies reco21. All surveyors and district surveyors may make, scour, vered by a local authority under this or the preceding section cleanse, and keep open all ditches, gutters, drains, or water shall, after payment of any
damage caused by the act for which courses in and through any lands or grounds adjoining or lying the penalty is imposed, be applied towards defraying the near to any highway, upon paying the owner or occupier of expenses of executing this act. such lands or grounds, provided they are not waste or com- 26. The sanitary inspector may at all reasonable times inmon, for the damages which he shall thereby sustain, to be spect and examine any carcase, meat, poultry, game, flesh, settled and paid in such manner as the damages for getting tish, fruit, vegetables, corn, bread, or four exposed for sale, materials in inclosed lands or grounds are directed to be set- or in the course of or on their way to slaughtering, dressing, tled and paid by the law in force for the time being with regard or preparation for sale or use, or landed from any ship or to highways.
vessel in any port in England; and in case any such carcase, 22. Whenever any ditch, gutter, drain, or watercourse used meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or partly used for the conveyance of any water, tiltb, sewage, or flour appear to him to be unfit for such food, the same may or other matter from any house, buildings, or premises is a be seized ; and if it appear to a justice that any such carcase: nuisance within the meaning of this act, and cannot, in the meat, poultry, game, tiesh, fish, fruit, vegetables, corn, bread,