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90. All powers relating to paving, &c. to be vested in vestries and in district boards.

91. Saving as to baths and washhouses, metropolitan burials, markets, and Charitable Trusts Acts.

92. Expenses incurred under existing powers relating to paving, &c. to be deemed expenses incurred in execution of this act.

93. As to the transfer of property.

94. Existing contracts, &c. to remain valid.

95. Existing commissioners, &c. under local acts continued in office until commencement of this act.

96. Powers and duties of surveyors of highways, and property vested in them, transferred to vestries and district boards. 97. Provision as to rates already made in parishes mentioned in Schedule (A.)

98. Vestry or district board to cause streets to be paved. 99. Owners possessing freehold of courts, &c. to pave the

same.

100. Owners of courts to drain them, and keep the pavement, &c. in repair. Penalty on owners for neglect.

101. Vaults and cellars under streets not to be made without the consent of the vestry or board.

102. Vaults, &c. under streets to be repaired by owners or occupiers.

103. Provisions as to the occupation of under-ground rooms as dwellings.

101. Power to district surveyors to enter under-ground rooms and cellars. If admission refused, justice may issue an order.

105. Provisions for paving new streets.

106. Vestry or board may declare their intention of repairing any street, not being a highway. Proviso.

107. Act not to authorise the making any thoroughfare without the consent of the proprietor of the estate.

108. Vestries and district boards may place fences, &c. to footways.

109. Notice to be given by companies to vestries and district boards when pavement, &c. is required to be taken up.

110. Streets not to be broken up, except under the superintendence of vestry or board. Streets broken up to be reinstated without delay.

111. Penalty on persons taking up pavements neglecting to reinstate them, and to place lights during the night-time to prevent accidents.

112. Vestry or district board to direct pavements injured by water or gas pipes to be repaired by company. Penalty for neglect.

113. Company opening the ground to repair a pipe discovered to belong to another company, to give notice to such company, and to be reimbursed expenses.

114. Power to vestry or district board to reinstate pavement, and charge the expenses to the parties.

115. Power for vestry or district board to contract with company for restoring pavements.

116. As to the watering of streets.

117. Vestry or district board to cause footways to be cleansed.

118. Vestries and district boards may appoint and pay crossing-sweepers.

119. Owners, &c. to remove future projections, on notice from vestry or district board. Penalty for neglect. 120. Vestry or district board may remove existing projections, and make compensation for the same. 121. Hoards to be erected during repairs. erecting boards.

Penalty on not

122. No hoard to be erected without license from vestry or district board.

123. If hoard be erected or materials be deposited in any manner otherwise than to the satisfaction of the vestry or district board, the same may be removed.

124. Providing against accidents in laying out new streets, &c. 125. Vestries and district boards to appoint scavengers. 126. Penalty for obstructing scavengers in performance of their duty.

127. Refuse collected to be vested in vestry or district board, who may dispose of the same towards defraying their expenses.

128. Owners or occupiers to pay scavengers for removal of refuse of trades.

129. Dispute as to what is refuse of trade, &c. to be determined by justices.

130. Vestries and district boards to cause streets to be lighted.

131. No slaughter-house to be licensed under the 14 & 15 Vict. c. 61, without notice to vestry or district board. 132. Vestries and district boards to appoint medical officers of health.

133. Appointment of inspectors of nuisances.

134. Vestries and district boards to be the local authorities to execute the Nuisances Removal Acts.

135. Main sewers vested in the metropolitan board of works, and power to such board to make sewers.

136. Before works for intercepting the sewage are commenced, plans, &c. to be submitted to commissioners of works. 137. Metropolitan board may declare sewers to be main sewers, and take under their jurisdiction sewerage matters under jurisdiction of vestries and district boards.

138. Metropolitan board to make orders for controlling vestries and district boards in construction of sewers, &c. 139. Metropolitan board may direct appointments to be made for two parishes or districts jointly.

140. Or may place a street in different parishes under the management of one vestry, or part of a parish under the management of vestry of adjoining parish.

141. Metropolitan board to regulate naming of streets and numbering of houses.

142. Register to be kept of alterations in names of street. 143. Buildings not to be brought beyond line of street. 144. Power to metropolitan board to make improvements. 145. Powers of metropolitan commissioners of sewers to

cease.

146. Actions, &c. not to abate, but to continue for or against metropolitan board of works.

147. Rates made by metropolitan commissioners of sewers to be recoverable under this act.

148. Property vested in metropolitan commissioners of sewers (except sewers transferred to vestries and district boards) transferred to the metropolitan board of works.

149. Power to boards and vestries to enter into contracts for carrying act into execution. Power to compound for penalties in respect of breach of contracts.

150. Power to boards and vestries to purchase lands, &c. for the purposes of this act.

151. Certain provisions of the 8 & 9 Vict. c. 18, incorporated with this act.

152. Lands not to be taken compulsorily, except by metropolitan board with consent of Secretary of State. 153. Previous notice to be given.

154. Power to dispose of lands or property not wanted. 155. Owners of land may on sale reserve a right of preemption.

156. Penalty for withholding property transferred to metropolitan board, or any vestry or district board.

157. Regulations as to breaking up turnpike-roads. 158. How sums to be raised by vestries and district boards for defraying their expenses.

159. Vestries and boards may exempt parts not benefitted by expenditure from payment.

160. Provisions for cases where a part of a parish is placed under the management of the vestry or board of adjoining parish or district.

161. Overseers to collect the rate in the same manner as the poor rate.

162. Public buildings and void spaces now rateable (except churches and burial grounds) to continue rateable.

163. Land to be rated to the sewers rate at one-fourth part of its annual value.

161. Existing exemptions in respect of sewers rate to be allowed.

165. Existing exemptions of land from lighting rates to be allowed.

166. Overseers, on non-payment of the rate, shall be distrained upon; and in default of sufficient distress the arrears may be levied on the parish.

167. Provision for cases where the vestry of any parish in Schedule (A.) make the poor rate.

168. Special persons may be appointed to levy rates in certain cases.

169. Provision for deduction by tenants of sewers rate. 170. Sums to be assessed upon the city and other parts of the metropolis by metropolitan board for defraying expenses. 171. Power to metropolitan board, or any one authorised by

them, to inspect rates made for county or part of county within the metropolis.

172. Payment to be obtained from the city and from parishes by precepts to the chamberlain of the city and to vestries and district boards.

173. Payment of sums assessed upon the city.

174. Payment by vestries and district boards of sums assessed by metropolitan board.

175. Provision for assessing and levying rates in places where there is no poor rate. Mode of making the assessment. Allowance to assessors.

176. Places in Schedule (C.) not now under rating for sewers not to be rated, except for intercepting sewers.

177. When assessment is made, notice thereof to be given, and all persons included in the assessment to have liberty to inspect it &c. Penalty for refusing inspection.

178. As to the collection of the rate charged in such assess

ment.

179. Appeal against assessment. The assessment may be altered to relieve the appellant, without altering any other part of it.

180. Provision for discharging existing liabilitics under local acts relating to paving, &c.

181. Provision for payment of liabilities of metropolitan commissioners of sewers.

182. Where metropolitan commissioners of sewers have incurred expenses, to be paid by improvement rates, &c., the metropolitan board may levy such rates as remain due.

183. Power to boards and vestries to borrow money on mortgage. No priority amongst mortgagees.

184. Power to commissioners acting under the 14 & 15 Vict. c. 23, to make advances.

185. Form of mortgage. Register of mortgages.

186. Repayment of money borrowed at a time agreed upon. Interest on mortgages to be paid half-yearly. As to repayment of money borrowed when no time has been agreed upon. Interest to cease on expiration of notice to pay off a mortgage

debt.

187. Power to borrow to pay off existing securities. 188. Payment of principal and interest may be enforced by the appointment of a receiver.

189. Transfer of mortgages. Register of transfers. 190. Sinking fund to be formed for paying off mortgages. 191. Mode of paying off mortgages.

192. Accounts of metropolitan board, district boards, and vestries to be balanced up to the end of each year.

193. Auditor of accounts of metropolitan board to be appointed by Secretary of State, and remunerated by the board. 194. Auditors to be elected annually by the district boards. 195. As to the audit of accounts.

196. Abstract of accounts to be made.

197. Accounts of other parochial boards to be audited by the auditors elected under this act.

198. Annual reports by vestries and district boards. 199. Vestry to make out and publish yearly a list of estates, charities, and bequests, &c., with the application thereof. 200. Annual report of metropolitan board of works. 201. Reports, &c. of metropolitan board to be laid before Parliament.

202. Power to metropolitan board of works to make byelaws. Penalty for breach of bye-laws. Power to justices to remit penalties.

203. Publication of bye-laws. Evidence of bye-laws. 204. Buildings not to be made over sewers without consent. 205. Penalty on persons sweeping dirt into sewers. 206. Penalty for wilfully damaging &c. lamps or other property of vestries or district boards, or of the metropolitan board.

207. Persons carelessly or accidentally damaging lamps, &c. to make satisfaction.

208. Penalty on interrupting workmen, &c. in execution of duties.

213. Power to grant retiring allowances to persons em. ployed under metropolitan commissioners of sewers. 214. Compensation to officers of paving boards. 215. Where two or more persons are to do any act or pay any sum of money, vestry or district board may apportion the

same.

216. Power to vestries and district boards to spread repay. ment of expenses over a period not exceeding twenty years. 217. Occupiers to pay expenses for which owners are liable, and to be reimbursed out of the rent.

218. Occupier not to be required to pay more than the amount of rent owing by him.

219. Agreements between landlord and tenant not to be affected.

220. As to service of notices, &c. on metropolitan and district boards and vestries.

221. As to service of notices on owners and occupiers and other persons.

222. Authentication of documents.
223. Proof of debts in bankruptcy.

224. Tender of amends.

225. Compensation, damage, and expenses, how to be ascer tained and recovered.

226. Method of proceeding before justices in questions of damages, &c.

227. Penalties, &c. to be recovered as provided by the 11 & 12 Vict. c. 43.

228. Damages to be made good, in addition to penalty. 229. Transient offenders.

230. Proceedings not to be quashed for want of form. 231. Parties allowed to appeal to quarter sessions, on giving security.

232. Court to make such order as they think reasonable.
233. Penalties to be sued for within six months.
234. Application of penalties.

235. Provision for joint action of vestries, and elections out of vestries under local acts.

236. Agreement between the London and North-western Railway Company and certain paving commissioners confirmed. 237. Special provision as to powers of commissioners acting under the 5 & 6 Vict. c. 48, as to paving Ely-place, &c. 238. Special provision as to parish of Woolwich. 239. Special provisions as to inclosed gardens in squares, &c. 240. Saving of powers and property of commissioners under the 14 & 15 Vict. c. 95.

241. Saving of the rights of the commissioners of works. 242. Saving of powers of the city commissioners of sewers over certain parts of parishes in Schedule (B.)

243. Saving rights of Metropolitan Sewage Manure Company, acting under the 9 & 10 Vict. c. cccxcviii, and the 10 & 11 Vict. c. cxxxviii.

244. Saving rights of commissioners or trustees of turnpikeroads.

245. Saving for Metropolitan Police Commissioners. 246. Not to prejudice dispute between Battersea and Penge. 247. Repeal of acts inconsistent with this act.

248. In case of conflict with the provisions of this act, provisions of local acts may be varied by Order in Council on petition of boards or vestries.

249. Act may be extended by Order in Council to parishes adjoining the metropolis not having less than 750 ratepayers. 250. Interpretation of terms:-"The metropolis:" "the city of London:" "parish:" "overseers of the poor:" "rates:" "owner:"street :" "drain :" "sewer:" "ashpit."

251. Commencement of act.

CAP. CXXI.

An Act to consolidate and amend the Nuisances Removal and Diseases Prevention Acts, 1848 and 1849. [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.

210. Savings and provisions in local acts applicable to commissioners of sewers to apply to metropolitan and district boards and vestries.

211. Power to appeal against orders and acts of vestries and district boards in relation to construction of works.

212. Metropolitan board to appoint a committee for hearing appeals.

except as to proceedings commenced.

2. Interpretation of certain terms used in this act.

PART I.

Constitution of Local Authority, Expenses, Description of Nuisances, and Powers of Entry.

3. The local authority to execute this act in places as herein stated.

4. As to filling up vacancies.

5. Power to local authority to appoint committees. 6. As to the execution of this act in extra-parochial places.

7. As to defraying expenses of executing this act. 8. What are deemed nuisances under this act.

9. Power to local authority to appoint a sanitary inspector, and allow him a proper salary.

10. Notice of nuisances to be given to local authority, &c., to ground proceedings.

11. Power of entry to local authority or their officer. PART II.

With regard to the Removal of Nuisances. 12. Proceedings by local authority before justices in the case of nuisances likely to recur, &c. If proved to justices that nuisance exists, &c., they shall issue order for abatement, &c.

13. Justices' order for abatement. Prohibitive order against future nuisance.

14. Penalty for contravention of order of abatement, and of prohibition. Local authority may enter, and remove or abate nuisance.

15. Appeal against order of prohibition. 16. Appeal against order of abatement when structural works are required.

17. If person causing nuisance cannot be found, local authority to execute order at once.

18. Manure, &c. to be sold.

19. Costs and expenses of works to be paid by person on whom order is made, or owner or occupier. 20. Proceedings before justices to recover expenses. 21. Surveyors of highways to cleanse ditches, &c., paying owners, &c. for damages.

22. Power to local authority to cover and improve open ditches, &c.

23. Penalty for causing water to be corrupted by gas washings.

24. Penally to be sued for in superior courts within six months.

25. Daily penalty during the continuance of the offence. 26. Penalty on sale of unwholesome meat, &c. 27. As to nuisances arising in cases of noxious trades, businesses, processes, or manufactures.

28. Reference to a superior court, at the option of the party complained against.

29. On certificate of medical officer to local authority that house is overcrowded, proceedings may be taken to abate the same.

30. Local authority to order costs of prosecutions to be paid out of the rates.

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land, and to substitute other provisions more effectual in that behalf be it therefore enacted &c. as follows:

1. From and after the passing of this act the said acts are by this section repealed, as far as relates to England: provided always, that all proceedings commenced or taken under the said acts, and not yet completed, may be proceeded with under the said acts; and all contracts or works undertaken by virtue of the said acts shall continue and be as effectual as if the said acts had not been repealed.

2. In this act the following words and expressions have the meanings by this section hereinafter assigned to them, unless such meanings be repugnant to or inconsistent with the context; (that is to say), the word "place" includes any city, borough, district under the Public Health Act, parish, township, or hamlet, or part of any such city, borough, district, town, parish, township, or hamlet; the word "guardians" includes the directors, wardens, overseers, governors, or other like officers having the management of the poor for any parish or place where the matter or any part of the matter requiring the cognisance of any such officer arises; the word "borough," and the expressions "mayor, aldermen, and burgesses," "council," and "borough fund," have respectively the same meaning as in the acts for the regulation of municipal corporations, and shall also respectively mean, include, and apply to any royal borough, royal town, or other town having a warden, high bailiff, borough reeve, or other chief officer, and burgesses or inhabitants, however designated, associated with him in the government or management thereof, or any town or place having a governing body therein in the nature of a corporation or otherwise, and to the chief officers and governing bodies of such boroughs, towns, and places, and to the funds and property under the management of or at the disposal of such chief officers and governing bodies; the expression " improvement act" means an act for regulating and managing the police of, and for draining, cleansing, paving, lighting, watching, and improving a place, and an act for any of those purposes; the word "owner" includes 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 as receiver or sequestrator appointed by the Court of Chancery or under any order thereof, or who would receive the same if such property were let to a tenant; the word " premises" extends to all messuages, lands, or tenements, whether open or inclosed, whether built on or not, and whether public or private; the word 'parish" includes every township or place separately maintaining its poor, or separately maintaining its own highways; the expression" quarter sessions" means the court of general or quarter sessions of the peace for a county, riding, or division of a county, city, or borough; the word "person," and words applying to any person or individual, apply to and include corporations, whether aggregate or sole; and the expression two justices" shall, in addition to its ordinary signification, mean one stipendiary or police magistrate acting in any police court for the district.

46

PART I.

And with respect to the constitution of the local authority for the execution of this act, the expenses of its execution, the description of nuisances that may be dealt with under it, and the powers of entry for the purposes of the act, be it enacted thus:

3. The following bodies shall respectively be the local au12thority to execute this act in the districts hereunder stated in England:

42. As to protection of local authority and its officers. 43. Act not to impair jurisdiction of sewers commissioners, or common-law remedies for nuisance, nor jurisdiction of local authority as to the nuisances referred to in this art.

44. Act not to affect navigation of rivers or canals. 45. Saving as to rights of millowners, &c.

46. Short title.

Whereas the provisions of the Nuisances Removal and Diseases Prevention Act, 1848, [11 & 12 Vict. c. 123], amended by the Nuisances Removal and Diseases Prevention Amendment Act, 1849, [12 & 13 Vict. c. 111], are defective, and it is expedient to repeal the said acts as far as relates to Eng

In any place within which the Public Health Act is or shall be in force, the local board of health:

In any other place wherein a council exists or shall exist, the mayor, aldermen, and burgesses, by the council, except in the city of London and the liberties thereof, where the local authority shall be the commissioners of sewers for the time being; and except in the city of Oxford and borough of Cambridge, where the local authority shall be the commissioners acting in execution of the local improvement acts in force respectively in the said city and borough:

In any place in which there is no local board of health or council, and where there are or shall be trustees or commissioners under an improvement act, such trustees or commissioners:

In any place within which there is no such local board of

health, nor council, body of trustees, or commissioners, and where there is or shall be a board for the repair of the highways of such place, that board:

In any place where there is no such local board of health, council, body of trustees, or commissioners, nor highway board, a committee for carrying this act into execution, by the name of "The Nuisances Removal Committee," of which the surveyor or surveyors of highways for the time being of such place shall be ex officio a member or members, may be annually chosen by the vestry on the same day as the overseers or surveyors of highways, and the first of such committees may be chosen at a vestry to be specially held for that purpose; and such committee may consist of such number of members as the vestry shall determine, not being more than twelve, exclusive of such surveyor or surveyors; and of such committee three shall be a quorum:

In any place wherein there is no such local board of health, council, body of trustees, or commissioners, highway board, or committee appointed as aforesaid, and wherein there is or shall be a board of inspectors for lighting and watching under the act 3 & 4 Will. 4, c. 90, that board, with the surveyors of highways:

In any place in which there is no such local board of health, council, body of trustees, or commissioners, nor highway board, nor committee appointed as aforesaid, nor board of inspectors for lighting and watching, the guardians and overseers of the poor and the surveyors of the highways in and for such place.

4. On any vacancy in such nuisances removal committee, arising from death, change of residence, or otherwise, notice shall be given by the committee to the churchwardens, who shall forthwith summon a meeting of the vestry, and fill up such vacancy by election; and until such vacancy is filled up, the remaining members of the committee may act in all respects as if their number was complete.

5. The local authority may appoint any committee of their own body to receive notices, take proceedings, and in all or certain specified respects execute this act, whereof two shall be a quorum; and such local authority or their committee may, in each particular case, by order in writing under the hand of the chairman of such body or committee, empower any officer or person to make complaints and take proceedings on their behalf.

6. In extra-parochial places not comprised within the jurisdiction of any of the local authorities aforesaid, and having a population of not less than 200 persons, the local authority for the execution of this act shall be a nuisances removal committee, elected annually by the householders within the extraparochial place:

The first election of such committee shall take place at a meeting of such householders summoned for that pur pose by the churchwardens of the adjacent place having the largest common boundary with such extra-parochial place; and

Subsequent elections shall be held annually on some day in Easter week at meetings summoned by the chairman of the local authority for the year preceding: Extra-parochial places not so comprised as aforesaid, and having a population of less than 200 persons, shall for the purposes of this act be attached to and form part of the ad. jacent place having the largest common boundary with the extra-parochial place, and notice of vestry meetings for the election of a local authority under and for the pur poses of this act shall be given in such extra-parochial places, and the householders within such places may attend such vestry meetings, and vote on such elections. 7. All charges and expenses incurred by the local authority in executing this act, and not recovered as by this act provided, may be defrayed as follows; to wit

Out of general district rates, where the local authority is a local board of health:

Out of the borough fund or borough rate, where the local authority is the mayor, aldermen, and burgesses, by the council; or if there be an improvement act for the borough administered by the council, then out of rates levied thereunder applicable to the purposes of such improvement act; or in the city of London and the liberties thereof, any rates or funds administered by the commissioners of sewers for the said city and liberties:

Provided always, that in the city of Oxford and borough of Cambridge such expenses shall be deemed annual charges and expenses of cleansing the streets of the said city and borough respectively, and shall be so payable:

Out of the rates levied for purposes of improvement under any improvement act, where the local authority is a body of trustees or commissioners acting in execution of the powers of such an act :

Out of highway rates, or any fund applicable in aid or in lieu thereof, where the local authority is a highway board or a nuisances removal committee:

Out of the rates for lighting and watching, where the local authority is a board of inspectors appointed for lighting and watching:

And if there be no such rates or funds, or if the local authority be the guardians and surveyors of highways, then out of the rates or funds applicable to the relief of the poor of the parish or place wherein such rates or funds are collected or arise, if such parish or place be co-extensive with the district within which the charges and expenses are incurred; but if such parish or place be now, or hereafter shall be, partly comprised within and partly without the limits of a place where a local authority, other than a highway board, nuisance removal committee, inspectors of watching and lighting, and surveyors or guardians and surveyors, exists or shall exist, all the charges and expenses incurred in the district comprising that part of the parish or place which is excluded from such limits shall be defrayed out of any highway rate or rates, or any funds applicable in lieu thereof, collected or raised within the part so excluded; and if there be more than one highway rate collected within such district, the local authority shall settle the proportion in which the respective parties or places liable thereto shall bear such charges and expenses; and if any portion of such excluded part be exempt from such highway rate or rates, then all the charges and expenses incurred in the whole of such excluded part shall be defrayed out of any district police rate or other rate which may by the act 12 & 13 Vict. c. 65, be raised and assessed upon such excluded part:

And when the local authority has not control of such rates or funds, the officer or person having the custody or control thereof shall pay over the amount to the local authority, on the order of two justices, directed to such officer or person; and on neglect or refusal to pay the sum specified in such order for six days after the service thereof, the same may, by warrant under the hands of the same or any two justices, be levied by distress and sale of the goods and chattels of the officer or person in default, and such levy shall include the costs of such distress and sale: In extra-parochial places having a population of not less than 200 persons, out of a rate assessed by the local authority on all such property in the place as would be assessable to highway rate if such rate were levied therein: In extra-parochial places having a population of less than 200 persons, out of a similar rate assessed by the surveyor of highways of the adjacent place having the largest common boundary with such extra-parochial place: And the local authority in the first case, and the surveyor of highways in the second, may levy and collect the sums so assessed, in the same manner, and with the same remedies in case of any default in payment thereof, and with the same right of appeal against the amount of such assessment reserved to the person assessed, as are provided by the law in force for the time being with regard to rates for the repair of highways.

8. The word "nuisances" under this act shall includeAny premises in such a state as to be a nuisance or injurious to health:

Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit so foul as to be a nuisance or injurious to

health:

Any animal so kept as to be a nuisance or injurious to health:

Any accumulation or deposit which is a nuisance or injurious to health:

Provided always, that no such accumulation or deposit as shall be necessary for the effectual carrying on of any business or manufacture shall be punishable as a nuisance under this section, when it is proved to the satisfaction of the justices that

the accumulation or deposit has not been kept longer than is necessary for the purposes of such business or manufacture, and that the best available means have been taken for protecting the public from injury to health thereby.

9. The local authority shall, for the purposes of this act, appoint or employ, or join with other local authorities in appointing or employing, a sanitary inspector or inspectors, and may appoint a convenient place for his or their office, and may allow to every such person on account of his employment a proper salary or allowance; and where local authorities join in such appointment or employment, they may apportion among themselves the payment of such salary or allowance: provided always, that where the local authority has already appointed an officer who executes the duties of such inspector under any improvement act, it shall not be necessary to appoint any other inspector under this act, but the inspector acting in execution of the improvement act shall have all the powers, authorities, and privileges granted to any inspector appointed under this act.

10. Notice of nuisance may be given to the local authority by any person aggrieved thereby, or by any of the following persons-the sanitary inspector, or any paid officer under the said local authority; two or more inhabitant householders of the parish or place to which the notice relates; the relieving officer of the union or parish; any constable, or any officer of the constabulary or police force of the district or place; and in case the premises be a common lodging-house, any person appointed for the inspection of common lodging-houses; and the local authority may take cognisance of any such nuisance after entry made as hereinafter provided, or in conformity with any improvement act under which the inspector has been appointed.

11. The local authority shall have power of entry for the following purposes of this act, and under the following conditions:

1. To ground proceedings.

For this purpose, when they or any of their officers have reasonable grounds for believing that a nuisance exists on any private premises, demand may be made by them or their officer, on any person having custody of the premises, of admission to inspect the same, at any hour between nine in the morning and six in the evening; and if admission be not granted, any justice having jurisdiction in the place may, on oath made before him of belief in the existence of the nuisance, and after reasonable notice of the intended application to such justice being given in writing to the party on whose premises the nuisance is believed to exist, by order under his hand require the person having the custody of the premises to admit the local authority or their officer; and if no person having custody of the premises can be discovered, any such justice may and shall, on oath made before him of belief in the existence of such nuisance, and of the fact that no person having custody of the premises can be discovered, by order under his hand authorise the local authority or their officers to enter the premises between the hours aforesaid.

2. To examine premises where nuisances exist, to ascertain the course of drains, and to execute or inspect works ordered by justices to be done

under this act.

For these purposes, whenever, under the provisions of this act, a nuisance has been ascertained to exist, or when an order of abatement or prohibition under this act has been made, or when it becomes necessary to ascertain the course of a drain, the local authority may enter on the premises, by themselves or their officers, between the hours aforesaid, until the nuisance shall have been abated, or the course of the drain shall have been ascertained, or the works ordered to be done shall have been completed, as the case may be.

PART II.

With regard to the removal of nuisances, be it enacted thus:12. In any case where a nuisance is so ascertained by the local authority to exist, or where the nuisance in their opinion did exist at the time when the notice was given, and, although the same may have been since removed or discontinued, is in their opinion likely to recur or to be repeated on the same premises or any part thereof, they shall cause complaint thereof to be made before a justice of the peace; and such justice shall thereupon issue a summons requiring the person by whose act, default, permission, or sufferance the nuisance arises or continues, or if such person cannot be found or ascertained, the owner or occupier of the premises on which the nuisance arises, to appear before any two justices, in petty sessions assembled, at their usual place of meeting, who shall proceed to inquire into the said complaint; and if it be proved to their satisfaction that the nuisance exists, or did exist at the time when the notice was given, or, if removed or discontinued since the notice was given, that it is likely to recur or to be repeated, the justices shall make an order in writing under their hands and seals on such person, owner, or occupier for the abatement or discontinuance and prohibition of the nuisance as hereinafter mentioned, and shall also make an order for the payment of all costs incurred up to the time of hearing or making the order for abatement or discontinuance or prohibition of the nuisance.

13. By their order the justices may require the person on whom it is made to provide sufficient privy accommodation, means of drainage or ventilation, or to make safe and habitable, or to pave, cleanse, whitewash, disinfect, or purify the premises which are a nuisance or injurious to health, or such part thereof as the justices may direct in their order, or to drain, empty, cleanse, fill up, amend, or remove the injurious pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit which is a nuisance or injurious to health, or to provide a substitute for that complained of, or to carry away the accumulation or deposit which is a nuisance or injurious to health, or to provide for the cleanly and wholesome keeping of the animal kept so as to be a nuisance or injurious to health, or if it be proved to the justices to be impossible so to provide, then to remove the animal, or any or all of these things, (according to the nature of the nuisance), or to do such other works or acts as are necessary to abate the nuisance complained of, in such manner and within such time as in such order shall be specified; and if the justices are of opinion that such or the like nuisance is likely to recur, the justices may further prohibit the recurrence of it, and direct the works necessary to prevent such recurrence, as the case may in the judgment of such justices require; and if the nuisance proved to exist be such as to render a house or building, in the judgment of the justices, unfit for human habitation, they may prohibit the using thereof for that purpose until it is rendered fit for that purpose in the judgment of the justices; and on their being satisfied that it has been rendered fit for such purpose, they may determine their previous order by another declaring such house habitable, from the date of which other order such house may be let or inhabited.

14. Any person not obeying the said order for abatement shall, if he fail to satisfy the justices that he has used all due diligence to carry out such order, be liable for every such offence to a penalty of not more than 10s. per day during his default; and any person knowingly and wilfully acting contrary to the said order of prohibition shall be liable for every such offence to a penalty not exceeding 20s. per day during such contrary action; and the local authority may, under the powers of entry given by this act, enter the premises to which the order relates, and remove or abate the nuisance condemned or prohibited, and do whatever may be necessary in execution of such order, and charge the cost to the person on whom the

3. To remove or abate a nuisance in case of non-com-
pliance with or infringement of the order of jus-order is made, as hereinafter provided.
tices, or to inspect or examine any carcase, meat,
poultry, game, flesh, fish, fruit, vegetables, corn,
bread, or flour, under the powers and for the pur-
poses of this act.

For this purpose the local authority or their officer may from time to time enter the premises where the nuisance exists, or the carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour is found, at all reasonable hours, or at all hours during which business is carried on on such premises, without notice.

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15. Any such order of prohibition may be appealed against as provided in this act.

16. When it shall appear to the justices that the execution of structural works is required for the abatement of a nuisance, they may direct such works to be carried out under the direction or with the consent or approval of any public board, trustees, or commissioners having jurisdiction in the place in respect of such works; and if within seven days from the date of the order the person on whom it is made shall have given notice to the local authority of his intention to appeal against

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