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it as provided in this act, and shall have entered into recognisances to try such appeal as provided by this act, and shall appeal accordingly, no liability to penalty shall arise, nor shall any work be done or proceedings taken under such order, until after the determination of such appeal, unless such appeal cease to be prosecuted.

17. Whenever it appears, to the satisfaction of the justices, that the person by whose act or default the nuisance arises, or the owner or occupier of the premises, is not known or cannot be found, then such order may be addressed to and executed by such local authority, and the costs defrayed out of the rates or funds applicable to the execution of this act.

18. Any matter or thing removed by the local authority in pursuance of this enactment may be sold by public auction, after not less than five days' notice by posting bills distributed in the locality, unless in cases where the delay would be prejudicial to health, when the justices may direct the immediate removal, destruction, or sale of the matter or thing; and the money arising from the sale retained by the local authority, and applied in payment of all expenses incurred under this act with reference to such nuisance, and the surplus, if any, shall be paid, on demand, by the local authority, to the owner of such matter or thing.

opinion of the local authority, be rendered innocuous without the laying down of a sewer or of some other structure along the same or part thereof, or instead thereof, such local authority shall and they are hereby required to lay down such sewer or other structure, and to keep the same in good and service. able repair, and they are hereby declared to have the same powers as to entering lands for the purposes thereof, and to be entitled to recover the same penalties in case of interference, as are contained in the 67th and 68th sections of the 5 & 6 Will. 4, intituled "An Act for consolidating and amending the Laws relating to Highways in England;" and such local authority are hereby authorised and empowered to assess every house, building, or premises then or at any time thereafter using for the purposes aforesaid the said ditch, gutter, drain, watercourse, sewer, or other structure, to such payment, either immediate or annual, or distributed over a term of years, as they shall think just and reasonable, and, after fourteen days' notice at the least left on the premises so assessed, to levy and collect the sum and sums so assessed in the same manner, and with the same remedies in case of default in payment thereof, as highway rates are by the law in force for the time being leviable and collectable, and with the same right and power of appeal against the amount of such assessment reserved to the person or persons so assessed as by the law for the time being force shall be given against any rate made for the repair of the highways; and the provisions contained in this section shall be deemed to be part of the law relating to highways in England: provided always, that where such ditch, gutter, drain, or watercourse shall, as to parts thereof, be within the jurisdiction of different local authorities, this enactment shall apply to each local authority only as to so much of the works hereby required, and the expenses thereof, as is included within the respective jurisdiction of that authority: provided also, that such assessment shall in no case exceed 18. in the pound on the assessment to the highway rate, if any.

19. All reasonable costs and expenses from time to time incurred in making a complaint, or giving notice, or in obtain-in ing an order of justices under this act, or in carrying the same into effect under this act, shall be deemed to be money paid for the use and at the request of the person on whom the order is made; or if the order be made on the local authority, or if no order be made, but the nuisance be proved to have existed when the complaint was made or the notice given, then of the person by whose act or default the nuisance was caused; and in case of nuisances caused by the act or default of the owner of premises, the said premises shall be and continue chargeable with such costs and expenses, and also with the amount of any penalties incurred under this act, until the same be fully discharged, provided that such costs and expenses shall not exceed in the whole one year's rack-rent of the premises; and such costs and expenses and penalties, together with the charges of suing for the same, may be recovered in any county or superior court, or, if the local authority think fit, before any two justices of the peace; and the said justices shall have power to divide such costs, expenses, and penalties between the persons by whose act or default the nuisance arises, in such manner as they shall consider reasonable; and if it appear to them that a complaint made under this act is frivolous or unfounded, they may order the payment by the local authority or person making the complaint of the costs incurred by the person against whom the complaint is made, or any part thereof.

20. Where any costs, expenses, or penalties are due under or in consequence of any order of justices made in pursuance of this act as aforesaid, any justice of the peace, upon the application of the local authority, shall issue a summons requiring the person from whom they are due to appear before two justices, at a time and place to be named therein; and upon proof to the satisfaction of the justices present that any such costs, expenses, or penalties are so due, such justices, unless they think fit to excuse the party summoned upon the ground of poverty or other special circumstances, shall, by order in writing under their hands and seals, order him to pay the amount to the local authority at once, or by such instalments as the justices think fit, together with the charges attending such application and the proceedings thereon; and if the amount of such order, or any instalment thereof, be not paid within fourteen days after the same is due, the same may, by warrant of the said or other justices, be levied by distress

and sale.

21. All surveyors and district surveyors may make, scour, cleanse, and keep open all ditches, gutters, drains, or watercourses in and through any lands or grounds adjoining or lying near to any highway, upon paying the owner or occupier of such lands or grounds, provided they are not waste or common, for the damages which he shall thereby sustain, to be settled and paid in such manner as the damages for getting materials in inclosed lands or grounds are directed to be settled and paid by the law in force for the time being with regard to highways.

22. Whenever any ditch, gutter, drain, or watercourse used or partly used for the conveyance of any water, filth, sewage, or other matter from any house, buildings, or premises is a nuisance within the meaning of this act, and cannot, in the

23. Any person or company engaged in the manufacture of gas who shall at any time cause or suffer to be brought or to flow into any stream, reservoir, or aqueduct, pond, or place for water, or into any drain communicating therewith, any washing or other substance produced in making or supplying gas, or shall wilfully do any act connected with the making or supplying of gas whereby the water in any such stream, reservoir, aqueduct, pond, or place for water shall be fouled, shall forfeit for every such offence the sum of 2007.

24. Such penalty may be recovered, with full costs of suit, in any of the superior courts, by the person into whose water such washing or other substance shall be conveyed or shall flow, or whose water shall be fouled by any such act as aforesaid; or if there be no such person, or in default of proceedings by such person after notice to him from the local authority of their intention to proceed for such penalty, by the local authority; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence, or within six months after it shall have ceased.

25. In addition to the said penalty of 2001., (and whether such penalty shall have been recovered or not), the person or company so offending shall forfeit the sum of 201. (to be recovered in the like manner) for each day during which such washing or other substance shall be brought or shall flow as aforesaid, or during which the act by which such water shall be fouled shall continue, after the expiration of twenty-four hours from the time when notice of the offence shall have been served on such person or company by the local authority, or the person into whose water such washing or other substance shall be brought or flow, or whose water shall be fouled thereby, and such penalty shall be paid to the parties from whom such notice shall proceed; and all monies recovered by a local authority under this or the preceding section shall, after payment of any damage caused by the act for which the penalty is imposed, be applied towards defraying the expenses of executing this act.

26. The sanitary inspector may at all reasonable times inspect and examine any carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour exposed for sale, or in the course of or on their way to slaughtering, dressing, or preparation for sale or use, or landed from any ship or vessel in any port in England; and in case any such carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour appear to him to be unfit for such food, the same may be seized; and if it appear to a justice that any such carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread,

or flour is unfit for the food of man, he shall order the same to be destroyed, or to be so disposed of as to prevent its being exposed for sale or used for such food; and the person to whom such carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour belongs, or in whose custody the same is found, shall be liable to a penalty not exceeding 101. for every carcase, fish, or piece of meat, flesh, or fish, or any poultry or game, or for the parcel of fruit, vegetables, corn, bread, or flour so found.

27. If any candle-house, melting-house, melting-place, or soap-house, or any slaughter-house, or any building or place for boiling offal or blood, or for boiling, burning, or crushing bones, or any manufactory, building, or place used for any trade, business, process, or manufacture causing effluvia, be at any time certified to the local authority by any medical officer, or any two legally qualified medical practitioners, to be a nuisance, or injurious to the health of the inhabitants of the neighbourhood, the local authority shall direct complaint to be made before any justice, who may summon before any two justices in petty sessions, assembled at their usual place of meeting, the person by or in whose behalf the work so complained of is carried on, and such justices shall inquire into such complaint; and if it shall appear to such justices that the trade or business carried on by the person complained against is a nuisance, or causes any effluvia injurious to the health of the inhabitants of the neighbourhood, and that such person shall not have used the best practicable means for abating such nuisance or preventing or counteracting such effluvia, the person so offending (being the owner or occupier of the premises, or being a foreman or other person employed by such owner or occupier) shall, upon a summary conviction for such offence, forfeit and pay a sum of not more than 57. nor less than 40s., and upon a second conviction for such offence the sum of 101., and for each subsequent conviction a sum double the amount of the penalty imposed for the last preceding conviction, but the highest amount of such penalty shall not in any case exceed the sum of 2001.: provided always, that the justices may suspend their final determination in any such case, upon condition that the person so complained against shall undertake to adopt, within a reasonable time, such means as the said justices shall judge to be practicable, and order to be carried into effect, for abating such nuisance, or mitigating or preventing the injurious effects of such effluvia, or shall give notice of appeal in the manner provided by this act, and shall enter into recognisances to try such appeal, and shall appeal accordingly provided always, that the provisions hereinbefore contained shall not extend or be applicable to any place without the limits of any city, town, or populous district.

28. Provided also, that if, upon his appearance before such justices, the party complained against object to have the matter determined by such justices, and enter into recognisances, with sufficient sureties, to be approved by the justices, to abide the event of any proceedings at law or in equity that may be had against him on account of the subject-matter of complaint, the local authority shall thereupon abandon all proceedings before the justices, and shall forthwith take proceedings at law or in equity in her Majesty's superior courts for preventing or abating the nuisance complained of.

29. Whenever the medical officer of health, if there be one, or if none, whenever two qualified medical practitioners, shall certify to the local authority that any house is so overcrowded as to be dangerous or prejudicial to the health of the inhabitants, and the inhabitants shall consist of more than one family, the local authority shall cause proceedings to be taken before the justices to abate such overcrowding, and the justices shall thereupon make such order as they may think fit, and the person permitting such overcrowding shall forfeit a sum not exceeding 40s.

served by delivering the same to or at the residence of the persons to whom they are respectively addressed, and where addressed to the owner or occupier of premises they may also be served by delivering the same, or a true copy thereof, to some person upon the premises; or if there be no person upon the premises who can be so served, by fixing the same upon some conspicuous part of the premises; or if the person shall reside at a distance of more than five miles from the office of the inspector, then by a registered letter through the post.

32. Copies of any orders or resolutions of the local authority or their committee, purporting to be signed by the chairman of such body or committee, shall, unless the contrary be shewn, be received as evidence thereof, without proof of their meeting, or of the official character or signature of the person signing the same.

33. Where proceedings under this act are to be taken against several persons in respect of one nuisance caused by the joint act or default of such persons, it shall be lawful for the local authority to include such persons in one complaint, and for the justices to include such persons in one summons, and any order made in such a case may be made upon all or any number of the persons included in the summons, and the costs may be distributed as to the justices may appear fair and reasonable.

34. In case of any demand or complaint under this act to which two or more persons, being owners or occupiers of premises, or partly the one or partly the other, may be answerable jointly, or in common or severally, it shall be sufficient to proceed against any one or more of them, without proceeding against the others or other of them; but nothing herein contained shall prevent the parties so proceeded against from recovering contribution in any case in which they would now be entitled to contribution by law.

35. Whenever, in any proceeding under this act, whether written or otherwise, it shall become necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the "owner" or "occupier" of such premises, without name or further description.

36. Whoever refuses to obey an order of justices under this act for admission on premises of the local authority or their officers, or wilfully obstructs any person acting under the authority or employed in the execution of this act, shall be liable for every such offence to a penalty not exceeding 57. 37. If the occupier of any premises prevent the owner thereof from obeying or carrying into effect the provisions of this act, any justice to whom application is made in this behalf shall by order in writing require such occupier to desist from such prevention, or to permit the execution of the works required to be executed, provided that such works appear to such justice to be necessary for the purpose of obeying or carrying into effect the provisions of this act; and if within twenty-four hours after the service of such order the occupier against whom it is made do not comply therewith, he shall be liable to a penalty not exceeding 51. for every day afterwards during the continuance of such non-compliance.

38. Penalties imposed by this act for offences committed and sums of money ordered to be paid under this act may be recovered by persons thereto competent in England according to the provisions of the act of the 11 & 12 Vict. c. 43; and all penalties recovered by the local authority under this act shall be paid to them, to be by them applied in aid of their expenses under this act.

39. No order, nor any other proceeding, matter, or thing done or transacted in or relating to the execution of this act, shall be vacated, quashed, or set aside for want of form; nor shall any order, nor any other proceeding, matter, or thing done or transacted in relation to the execution of this act, be removed or removeable by certiorari, or by any other writ or process whatsoever, into any of the superior courts; and proceedings under this act against several persons included in one complaint shall not abate by reason of the death of any among the persons so included, but all such proceedings may be caron as if the deceased person had not been originally so included.

30. The local authority may, within the area of their jurisdiction, direct any proceedings to be taken at law or in equity in cases coming within the purview of this act, and may order proceedings to be taken for the recovery of any penalties, and for the punishment of any persons offending against the pro-ried visions of this act, or in relation to appeals under this act, and may order the expenses of all such proceedings to be paid out of the rates or funds administered by them under this act.

PART III.

And with regard to procedure under this act, be it enacted, that

31. Notices, summonses, and orders under this act may be

40. Appeals under this act shall be to the court of quarter sessions held next after the making of the order appealed against; but the appellant shall not be heard in support of the appeal unless within fourteen days after the making of the order appealed against he give to the local authority notice in writing, stating his intention to bring such appeal, together with a statement in writing of the grounds of appeal, and

shall within two days of giving such notice enter into a recognisance before some justice of the peace, with sufficient securities, conditioned to try such appeal at the said court, and to abide the order of and pay such costs as shall be awarded by the justices at such court, or any adjournment thereof; and the said court, upon hearing and finally determining the matter of the appeal, may, according to its discretion, award such costs to the party appealing or appealed against as they shall think proper, and its determination in or concerning the premises shall be conclusive and binding on all persons to all intents or purposes whatsoever provided always, that if there be not time to give such notice and enter into such recognisance as aforesaid, then such appeal may be made to, and such notice, statement, and recognisance be given and entered into for, the next sessions at which the appeal can be heard provided also, that on the hearing of the appeal no grounds of appeal shall be gone into or entertained other than those set forth in such statement as aforesaid: provided also, that in any case of appeal the court of quarter sessions may, if they think fit, state the facts specially for the determination of her Majesty's Court of Queen's Bench, in which case it shall be lawful to remove the proceedings, by writ of certiorari or otherwise, into the said Court of Queen's Bench.

41. The forms contained in the schedule to this act annexed, or any forms to the like effect, varied as circumstances may require, may be used for instruments under this act, and shall be sufficient for the purpose intended.

42. The local authority, and any officer or person acting under the authority, and in execution or intended execution, of this act, shall be entitled to such protection and privilege in actions and suits, and such exemption from personal liability, as are granted to local boards of health and their officers by the law in force for the time being.

43. Nothing in this act shall be construed to affect the provisions of any local act as to matters included in this act, nor to impair, abridge, or take away any power, jurisdiction, or authority which may at any time be vested in any commissioners of sewers or of drainage, or to take away or interfere with any course of proceedings which might be resorted to or adopted by such commissioners if this act had not passed, nor to impair any power of abating nuisances at common law, nor any jurisdiction in respect of nuisances that may be possessed by any authority under the act intituled "An Act to abate the Nuisances arising from the Smoke of Furnaces in the Metropolis, and from Steam Vessels above London Bridge," or the Common Lodging-houses Acts, the Act for the Regulation of Municipal Corporations, the Public Health Act, or any improvement act respectively, or any acts incorporated with such acts; and authorities may respectively proceed for the abatement of nuisances, or in respect of any other matter or thing hereinbefore provided or referred to, either under the acts mentioned in this section, or any other act conferring jurisdiction in respect of the nuisances referred to in this act, or any bye-laws framed under any such act, as they may think fit; and the local authorities constituted under and for the pur. poses of the Common Lodging-houses Acts, 1851 and 1853, shall, for the purposes of those acts, have all the powers of local authorities under this act.

44. Nothing herein contained shall enable any local authority, surveyor of highways, or other person, either with or without any order of justices, to injuriously affect the navigation of any river or canal, or to divert or diminish any supply of water of right belonging to any such river or canal; and the provisions of this act shall not extend or be construed to extend to mines of different descriptions, so as to interfere with or obstruct the efficient working of the same, or to the smelting of ores and minerals, or to the manufacturing of the produce

of such ores and minerals.

46. In citing this act in other acts of Parliament, and in legal instruments and other proceedings, it shall be sufficient to use the words "The Nuisances Removal Act for England, 1855."

SCHEDULE OF FORMS. FORM (A.)

Order of Justices for Admission of Officer of Local Authority to inspect private Premises.

Whereas [describe the local authority] have by their officer [naming him] made application to me, A. B., one of her Majesty's justices of the peace having jurisdiction in and for [describe the place], and the said officer has made oath to me of his belief that a nuisance, within the meaning of the Nuisances Removal Act for England, 1855, viz. [describe nuisance], exists on private premises at [describe situation of premises so as to identify them], within my jurisdiction, and demand of admission to such premises for the inspection thereof has been duly made under the said act, and refused:

Now, therefore, I, the said A. B., do hereby require you to admit the said [name the_local_authority], [or, the officer of the said (local authority)], for the purpose of inspecting the said premises.

Dated this

day of, 18—.

FORM (B.)

Notice of Nuisance.

To the local authority [describing it.]

A. B.

inafter described, [or, the undersigned and described inhaI, [or, we], the person aggrieved by the nuisance herebitant householders, sanitary inspector, or other officer (describing him)], do hereby give you notice, that there exists in or upon the [dwelling-house, yard, &c., as the case may be], situate at [giving such description as may be sufficient to - in your disidentify the premises], in the parish of trict, under the Nuisances Removal Act, 1855, the following for instance, a dwelling-house or building a nuisance or injunuisance, viz. [describing the nuisance, as the case may be; rious to health for want of a privy or drain or sufficient means of ventilation, or so dilapidated or so filthy as to be a nuisance drain so foul as to be a nuisance or injurious to health, or an or injurious to health; or, for further instance, a ditch or accumulation of, a nuisance or injurious to health, &c., or swine so kept as to be a nuisance or injurious to health]; and that such nuisance is caused by [naming the person by whose act or default the nuisance is caused, or by some person unknown.] day of in the year of our Lord [Signed by complainant, under sect. 10.] FORM (C.)

Dated this 18-.

Notice to Owner or Occupier of Entry for Examination. To the owner [or, occupier, as the case may be] of [describe the premises] situate at [insert a description sufficient to identify the premises.]

Take notice, that under the Nuisances Removal Act for England, 1855, the [local authority, naming it], in whose district under the said act the above premises are situate, have received a notice from [name complainant], stating that in or upon the said premises [insert the cause of nuisance as set forth in the notice.]

And further take notice, that after the expiration of twentyfour hours from the service of this notice, the [local authority] will cause the said premises to be entered and examined under the provisions of the said act, and if the cause of nuisance aforesaid be found still existing, or, though removed or discontinued, be likely to be repeated, a summons will be issued requiring your attendance to answer a complaint which be made to the justices for enforcing the removal of the same, and prohibiting a repetition thereof, and for recovering the costs and penalties that may be incurred thereby. Dated this day of 18-.

45. No power given by this act shall be exercised in such manner as to injuriously affect the supply, quality, or fall of water contained in any reservoir or stream, or any feeders of such reservoir or stream, belonging to or supplying any water-will work established by act of Parliament, or in cases where any company or individual are entitled for their own benefit to the use of such reservoir or stream, or to the supply of water contained in such feeders, without the consent in writing of the company or corporation in whom such waterworks may be vested, or of the parties so entitled to the use of such reservoirs, streams, and feeders, and also of the owners thereof in cases where the owners and parties so entitled are not the same person.

-, in the year of our Lord

A. B., The officer appointed by the [local authority] to take proceedings under the Nuisances Removal Act for England, 1855.

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to answer the complaint this day made to me by for, by
—— on behalf of (naming the local authority, as the case
may be)], that in or upon the premises above mentioned [or,
in or upon certain premises situate at No.-, in the
street, in the parish of or such other description or re-
ference as may be sufficient to identify the premises], in their
district, under the Nuisances Removal Act for England, 1855,
the following nuisance exists, [describing it, as the case may
be], and that the said nuisance is caused by the act or default
of the occupier [or, owner] of the said premises, [or, by you, A.
B.], [or in case the nuisance be discontinued, but likely to be
repeated, say, there existed recently, to wit, on or about the
day of
—, on the premises, the following nuisance,
(describe the nuisance), and that the said nuisance was caused
(c.), and although the same has since the last-mentioned day
been removed or discontinued, there is reasonable ground to
consider that the same or the like nuisance is likely to recur
on the said premises.]

Given under the hand of me, J. P., Esq., one of her Ma-
jesty's justices of the peace acting in and for the [ju-
risdiction] stated in the margin, [or, one of the magis-
trates of the police courts of the metropolis, or, stipen.
diary magistrate of -], on the
day of

in the year of our Lord 18-.

FORM (E.)

Order of Justices for Removal of Nuisances by Owner, &c.
To the owner [or, occupier] of [describe the premises],
situate [give such description as may be sufficient to
identify the premises], [or, to A. B., of
, or, to
(giving the name of the local authority)], or to their
servants or agents, and to all whom it may concern.
-, [or,] Whereas on the day of

County of
Borough, &c. of
-, or, District >
of, or as the
case may be.]

com

plaint was made before, Esq., one of her Majesty's justices of the peace acting in and for the county [or other jurisdiction] stated in the margin, [or, before the undersigned, one of the magistrates of the police courts of the metropolis, or as the case may be], by [or, by on behalf of (the local authority, naming it, as the case may be)], that in or upon certain premises situate at, in the district under the Nuisances Removal Act for England, 1855, of the complainants above named, the following nuisance then existed [describing it], and that the said nuisance was caused by the act or default of the owner [or, occupier] of the said premises [or, was caused by A. B.], [if the nuisance have been removed, say, the following nuisance existed on or about (the day the nuisance was ascertained to exist), and that the said nuisance was caused (&c.), and although the same is now removed, the same or the like nuisance is likely to recur on the same premises] :

[or, I], in pursuance of the said act, do order the said owner [or, occupier, or, A. B.] within [specify the time] from the service of this order, or a true copy thereof, according to the said act, [here specify the works to be done, as, for instance, to cleanse, whitewash, purify, and disinfect the said dwellinghouse; or, for further instance, to construct a privy or drain, &c.; or, for further instance, to cleanse, or to cover, or to fill up the said cesspool, &c.], so that the same shall no longer be a nuisance or injurious to health, as aforesaid.

And if it appear to the justices that the nuisance is likely to recur on the premises, say, And we [or, I] being satisfied that, notwithstanding the said cause or causes of nuisances may be removed under this order, the same is or are likely to recur. do therefore prohibit the said owner [or, occupier, or, A. B.] from [here insert the matter of the prohibition, as, for instance, from using the said house or building for human habitation until the same, in our judgment, is rendered fit for that purpose.]

And if the above order for abatement be not complied with, [or, if the above order of prohibition be infringed], then we [or, I] do authorise and require you, the said [local authority, naming it], from time to time to enter upon the said premises, and to do all such works, matters, and things as may be necessary for carrying this order into full execution, according to the act aforesaid.

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In case the nuisance were removed before complaint, say, Now, upon proof here had before us, that at or recently before the time of making the said complaint, to wit, on as aforesaid, the cause of nuisance complained of did exist on the said premises, but that the same hath since been removed, yet, notwithstanding such removal, we [or, I] being satisfied that it is likely that the same or the like nuisance will recur on the said premises, do hereby prohibit, [order of prohibition]; and if this order of prohibition be infringed, then we [or, I] [order on local authority to do works.]

Given under the hands and seals of us, two of her Ma-
jesty's justices of the peace in and for [or, the
hand and seal of me, one of the magistrates of the po-
lice courts of the metropolis, or as the case may be],
this day of, in the year of our Lord 18-.
FORM (F.)

Order of Justices for Removal of Nuisance by Local
Authority.

To the Town Council [&c., as the case may be.]
County, &c., last Form]:
Whereas [recite complaint of naisance, as in

to wit.

And whereas it hath been now proved to our [or, my] satisfaction that such nuisance exists, but that no owner or occupier of the premises, or person causing the nuisance, is known Lor, can be found, as the case may be]: now we [or, I], in naming it] forthwith to [here specify the works to be done.] pursuance of the said act, do order the said [local authority, Given &c.

or,

FORM (G.)

Order to permit Execution of Works by Owners. County of -, [or, Whereas complaint hath been made Borough of to me, E. F., Esq., one of her Metropolitan Police Majesty's justices of the peace in District, or as the and for the county [or, borough, case may be], to wit. &c.] of [or, one of the magistrates of the police courts of the metropolis, or as the case may be, or, one of her Majesty's justices of the peace, as the case may be, of the county of ], by A. B., owner, And whereas, the owner [or, occupier] within the within the meaning of the Nuisances Removal Act for England, meaning of the said Nuisances Removal Act, 1855, [or, the 1855, of certain premises, to wit, a dwelling-house, [or, buildsaid A. B.], hath this day appeared before us justices, being ing, or as the case may be], situate at [insert such a descriptwo of her Majesty's justices in and for sitting in petty tion of the premises as may be sufficient to identify them], in sessions at their usual place of meeting [or, before me, the said the parish of -, in the said county, [or, borough, &c.], magistrate of the police courts of the metropolis, or as the that C. D., the occupier of the said premises, doth prevent the case may be], to answer the matter of the said complaint, [or said A. B. from obeying and carrying into effect the provisions in case the party charged do not appear, say, And whereas it of the said act, in this, to wit, that he, the said C. D., [here hath been this day proved to our (or, my) satisfaction that a describe the act of prevention generally, according to the true copy of a summons requiring the owner (or, occupier) of circumstances; for instance, thus, doth refuse to quit the said the said premises (or, the said A. B.) to appear this day before house, the same having, by the order of justices, been deus (or, me) hath been duly served according to the said act]:clared unfit for human habitation, or, doth prevent the said Now, upon proof here had before us [or, me] that the nuisance so complained of doth exist on the said premises, and that the same is caused by the act or default of the owner [or, Occupier] of the said premises, [or, by the said A. B.], we,

A. B. from cleansing, or whitewashing, or purifying the said dwelling-house, or erecting a privy or drain, or breaking an aperture for ventilation, or cleansing a drain, ditch, gutter, watercourse, privy, urinal, cesspool, or ashpit which is a nui

sance or injurious to health]: and whereas the said C. D. has
been summoned to answer the said complaint, and has not shewn
sufficient cause against the same, and it appears to me that
[describe the act or works to be done] is necessary for the
purpose of enabling the said A. B. to obey and carry into effect
the provisions of the said act, I do hereby order that the said
C. D. do permit the said A. B. [describe the act or works
to be done in the manner required by the said act.
Given under my hand and scal this
the year of our Lord 18-.

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day of
E. F., (L.S.)

carrying of the said to the said house of correction, or,
common gaol, or as the case may be], shall be sooner paid.
Given under our [or, my] hands this day of
in the year of our Lord 18-, at in the [county,
or as the case may be] aforesaid.

FORM (K.)

Warrant of Distress. (Sect. 20).

in To the constable of

FORM (H.) Summons for Non-payment of Costs, Expenses, or Penalties. (Sect. 20).

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[or, You are required to appear before two of her Majesty's justices of the peace [or, one of the magistrates of the police courts of the metropolis, or, the stipendiary magistrates] of the county [or other jurisdiction] of at the petty sessions [or court] holden at the hour of

-,

- on the
in the

next, at

day of
noon, to answer the com-

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plaint this day made to me by [or, by on behalf of (naming the local authority)], that the sum of - pounds, being costs and expenses incurred by you under and in relation to a certain complaint touching [describe the nuisance], and an order of [describe the person making the order] duly made in pursuance of the Nuisances Removal Act for England, 1855, [if penalties are due, add, and also the sum of, being the amount of penalties payable by you for disobedience of the said order] remains unpaid and due from you.

—, and to all other peace officers in the said county, [or as the case may be.]

Whereas on - last past complaint was made before the undersigned, two of her Majesty's justices of the peace in and for the said county of [or as the case may be] [or, a magistrate of the police courts of the metropolis, or, stipendiary magistrate, as the case may be], for that [&c., as in the order]; and thereupon, having considered the matter of the said complaint, we [or, I] adjudged the said [set out from Form (K.) the adjudication of payment, and the order for distress, and for imprisonment in default of distress]: and whereas the time in and by the said order appointed for the payment of the said several sums of thereof within fourteen days after the date fixed by the order elapsed, but the said bath not paid the same or any part for such payment, but therein hath made default: these are

and

bath

therefore to command you in her Majesty's name forthwith to make distress of the goods and chattels of the said A. B.; and if within the space of days after the making of such distress the said last-mentioned sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale over to the clerk of the justices of the peace for the division of

-, in the said county, [or as the case may be], that he may pay and apply the same as by law directed, and may render Given under the hand of me, J. P., Esq., one of her Mathe overplus, if any, on demand, to the said -; and if no such distress can be found, then that you certify the same unto jesty's justices of the peace acting in and for the [juris-me, to the end that such proceedings may be had therein as to diction stated in the margin], [or, one of the magis- the law doth appertain. trates of the police courts of the metropolis, or, stipen- Given under our [or, my] hands and seal this day diary magistrate of ], the -day of the year of our Lord 18-.

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Return of Proceedings under Nuisances Removal Act, 1855,
by the [name the local authority at length.]
From the 25th March, 1855, to the 25th March, 1856.

Date of
Notice.

County, &c., Whereas complaint has been made before us
to wit. J [or, me], for that [recite cause of complaint];
And whereas the said [naming the person against whom the
complaint is made] has this day appeared before us, the said
justices, [or, before me, the said magistrate of the police courts
of the metropolis, or as the case may be], to answer this mat- April 16
ter of the said complaint: [or, in case the party charged do
not appear, say],

And whereas it has been this day satisfactorily proved to us [or, me] that a true copy of the summons requiring the said [naming person charged] to appear before us [or, me] this day hath been duly served according to the said act: now, having heard the matter of the said complaint, we [or, I] do adjudge the said [naming the person charged] to pay forthwith [or, by instalments of payable respectively on or before the], to the said [naming the person or local authority to whom the costs adjudged are payable], the sum of

for costs in this behalf, and to [naming the person or authority to whom the expenses are payable] the sum of for expenses in this behalf, [if penalties are due, add, and the sum of for penalties incurred in relation to the premises], together with the sum of, being the charges attending the application for this order and proceedings thereon; and if the said several sums, amounting in the whole to -, [or, if any one of the said instalments], be not paid within fourteen days after the same is due as aforesaid, we [or, I] hereby order that the same be levied by distress and sale of the goods and chattels of the said ; and in default of sufficient distress in that behalf, adjudge the said to be imprisoned in the common gaol [or, house of correction, as the case may be] at —, in the said county [or as the case may be], for the space of such time, not exceeding three calendar months, as the justices may think fit, unless the said several sums [or, sum], and all costs and charges of the said distress [and of the commitment and

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Owner put
down good
drain, on

summons,
without
justices'
order.

Abated by

local au-
thority.

Remarks:-With any special Work done under the Acts, without any Notice. Several houses being in a like position, the highway surveyor laid down a sewer in the old watercourse, and each house was charged a proportionate sum for the same, of which the highest sum was 108. Renewed

once; but penalty recovered, and no subsequent renewal attempted.

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