Sivut kuvina

42 & 43 Vict. c. 33.

Sect. 92.

Kingdom, to a secretary of state a return in this act referred to as a descriptive return) containing such particulars and being in such form as is specified in the fifth schedule to this act, or as may be from time to

time directed by a secretary of state : “(5) The court may from time to time remand the said person

for a period not exceeding eight days in each instance, and not exceeding in the whole such period as appears to the court reasonably necessary for the purpose of

obtaining the said information : “(6) Where the court cause a person either to be delivered into

military custody or to be committed as a deserter, the court shall send, if in the United Kingdom, to a secretary of state .. a descriptive return in relation to such deserter, for which the clerk of the court shall be entitled

to a fee of two shillings.” Apprentices Enlisting.] The master of an apprentice in the United Kingdom who has been attested as a soldier of the regular forces may claim him while under the age of twenty-one years as follows, but not otherwise : “(1) The master, within one month after the apprentice left his

service, must take before a justice of the peace the oath in that behalf specified in the second schedule to this act, and obtain from the justice a certificate of having taken such oath, which certificate the justice shall give in the

form in the said schedule, or to the like effect : “(2) A court of summary jurisdiction, within whose jurisdiction

the apprentice may be, if satisfied on complaint by the master that he is entitled to have the apprentice delivered up to him, may order the officer under whose command the apprentice is, to deliver him to the master, but if satisfied that the apprentice stated on his attestation that he was not an apprentice, may, and if required by or on behalf of the said commanding office shall try the apprentice for the offence of making such false statement, and if need be may adjourn the case for the purpose."


MILITIA. Oath to Volunteers.] Any justice of the peace may administer the oath which, under the 15 & 16 Vict. c. 50, is to be taken by every volunteer (23 & 24 Vict. c. 94, s. 13).

Deserters.] Militiamen deserting, see Offences 1, 2, and also 22 & 23 Vict. c. 38, ss. 10, 11, 12, and 23 & 24 Vict. c. 94, s. 15, Vol. I. pp. 616, 617.

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The Army Enlistment Act, 33 & 31 Vict. c. 67, and the Army Regulation Act, 34 & 35 Vict. c. 86, contain provisions relating to the militia. See also “ The Militia Reserve Act, 1867,” 30 & 31 Vict. c. 111.

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NATURALIZATION. See tit. “Aliens,ante, p. 1316.


EASES AT. See “Contagious Diseases at Naval and Military
Stations," ante, pp, 1359—1363.

NAVAL STORES. See as to issue of search warrant for these stores, Note 339, Vol. I.



NITRO GLYCERINE. By "The Nitro Glycerine Act, 1869,” 32 & 33 Vict. c. 113 [passed 32 & 33 Vict. 11th August, 1869), s. 3, nitro glycerine (which “means the sub- c. 113. stance called or known by that name, or as glonoine oil, and this act extends to every substance having nitro glycerine in any form as one of its component parts or ingredients in the same manner as if it were nitro glycerine,” s. 2) is prohibited from being imported into or exported froin the United Kingdom; and regulations are contained in sect. 4 as to its manufacture, sale, or carriage under a licence from the secretary of state; noncompliance with the act or regulations being an indictable misdemeanor. [See Offence 136, tit. “Dangerous Goods,ante, p. 1064.]

Other Dangerous Goods.] See Indictable Offence 153, tit. “Dangerous Goods,ante, p. 1062.

NUISANCES (THE METROPOLIS). Down to the passing of “The Public Health Act, 1873,” the Nuisances Removal Acts in force were, “ The Nuisances Removal Act for England, 1855,” 18 & 19 Vict. c. 121 ; “The Diseases Prevention Act, 1855,” 18 & 19 Vict. c. 116; the 23 & 24 Vict. c. 77; the 26 & 27 Vict. c. 117; and “The Sanitary Act, 1866,” 29 & 30 Vict. c. 90. "The Public Health Act, 1875," however, wholly

" Tepeals these statutes, “except so far as relates to the metropolis.” As, therefore, these statutes still remain in force with reference to the metropolis, it has been thought advisable still to refer to them in this place, cautioning the reader that they now apply to the metropolis alone. 106

106 By sect. 4 of the Public Health Act, “ the metropolis" means the city of London and all parishes and places mentioned in Schedules A.,

B. and C. to “ The Metropolis Management Act, 1855" (18 & 19 Vict. c. 120). VOL. II.

5 D


I. Removal of Nuisances.
II. Diseases Prevention.

18 & 19 Vict. c. 121.



1. Removal of Nuisances. The Local Authority.] The following bodies are the nuisance authority for executing the 18 & 19 Vict. c. 121, in the several districts (they being incorporated by 29 & 30 Vict. c. 90, s. 46):District,

Local Authority. 1. Place within which the Public Health Act is Local Board of Health.

or shall be in force (23 & 24 Vict. c. 77, s. 2). 2. Place wherein a council exists or shall exist, Mayor, Aldermen and

except cities of London and Oxford, and Burgesses, by the Cambridge (Id.).

Council. 3. City of London and the liberties thereof (Id.) Commissioners of

Sewers. 4. City of Oxford (Id.)

Commissioners acting

under the

Improvement Act. 5. Borough of Cambridge (23 & 24 Vict. c. 77, Commissioners acting s. 2).

under the

Improvement Act. 6. Place in which there is no Local Board of Trustees or Commis

Health or council, or where there are or sioners acting under the shall be trustees or commissioners under Improvement Act.

an Improvement Act (Id.).
7. Place in which there is no Local Board of Board of Guardians.

Health, council, body of trustees, or com-
missioners, if there be a board of guardians
of the poor for such place, or for any parish
or union within which such place is situate

8. If there be no such board of guardians (Id.). The Overseers of the

Poor for such place, or for the parish of which

such place forms part. 9. Place where a Highway Board or the Nuis- The Highway Board

ances Removal Committee, chosen by the or Nuisances Re-
vestry in pursuance of 18 & 19 Vict. c. 121, moval Committee. 107
s. 3, is subsisting, and on 6th August, 1860,
employs or joins with other local authori-
ties in employing a sanitary inspector or
inspectors (Id.). 107

107 The 18 & 19 Vict. c. 121, s. 3 (repealed by 23 & 24 Vict. c. 77, 2.1); enacted, that a committee for carrying the act into execution, by the name of “The Nuisances Removal Committee," of which the surveyor of surveyors of highways for the time being shall be ex officio member or members, may be annually chosen by the vestry on the same day as the overseers or surveyors; the committee to consist of not more than twelve members, exclusive of the surveyor or surveyors; three to be a quorum. By 29 & 30 Vict. c. 90, s. 17, the 23 & 24 Vict. c. 77, 8.3, hereon is repealed, and "all powers vested in any highway board or ' nuisance removal committee' under the Nuisances Removal Acts shall determine, and all property belonging to them for the purposes of the said Nuisances Removal Ăcts shall, subject to any debts or liabilities affecting the same, be transferred to or vested in the nuisance authority under the said acts."



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Justices interested.] By 29 & 30 Vict. c. 41, s. 2 (s. 1 repealing 29 & 30 Vict. 23 & 24 Vict. c. 77, s. 16), “no justice of the peace shall be deemed c. 41. incapable of acting in cases under the Nuisances Removal Act, or the act of the twenty-third and twenty-fourth Victoria, chapter seventy-seven, by reason of his being a member of any body thereby declared to be the authority to execute the said act, or by reason of his being a contributor or liable to contribute to any rate or fund out of which it is thereby provided that all charges and expenses incurred in executing the said act, and not recovered as therein provided, shall be defrayed."

What are Nuisances under the Acts.] 18 & 19 Vict. c. 121, s. 8, 18 & 19 Vict. enacts,-the word "nuisances” shall include

c. 121. 1. Any premises in such a state as to be a nuisance or injurious

to health: 2. Any pool, ditch, gutter, watercourse, privy, urinal, cesspool,

drain or ashpit so foul as to be a nuisance or injurious to

3. Any animal so kept as to be a nuisance or injurious to health:
4. 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 satis-
faction of the justice that the accumulation or deposit has
not been kept longer than is necessary for the purposes

such business or manufacture, and that the best available
means have been taken for protecting the public from injury

to health thereby. [See Draper v. Sperring, 30 L. J. (N. S.) M. C. 225; 4 Law T., N. S. 365, as to recurring nuisance by sheep droppings in a market; Smith v. Waghorn, 27 J. P. 744, offensive matter from a stable.] By 29 & 30 Vict. c. 90, s. 19, the following addition has been made to the definition:

The word “nuisances" under the Nuisance Removal Acts shall include, 1. Any house or part of a house so overcrowded as to be dan

gerous or prejudicial to the health of the inmates :
2. Any factory, workshop or workplace not already under the

operation of any general act for the regulation of factories
or bakehouses, not kept in a cleanly state, or not ventilated
in such a manner as to render harmless as far as practicable
any gases, vapours, dust or other impurities generated in the
course of the work carried on therein that are a nuisance or
injurious or dangerous to health, or so overcrowded while
work is carried on as to be dangerous or prejudicial to the
health of those employed therein:


18 & 19 Vict. c. 121.

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3. Any fireplace or furnace which does not as far as practicable

consume the smoke arising from the combustible used in such fireplace or furnace, and is used within the district of a nuisance authority for working engines by steam, or in any mill, factory, dyehouse, brewery, bakehouse or gaswork, or

in any manufactory or trade process whatsoever : Any chimney (not being the chimney of a private dwellinghouse) sending forth black smoke in such quantity as to be a nuisance : Provided, first, that in places where at the time of the passing

of this act no enactment is in force compelling fireplaces or furnaces to consume their own smoke, the foregoing enactment as to fireplaces and furnaces consuming their own smoke shall not come into operation until the expiration of

one year from the date of the passing of this act: Secondly, that where a person is summoned before the justices

in respect of a nuisance arising from a fireplace or furnace which does not consume the smoke arising from the combustible used in such fireplace or furnace, the justices may hold that no nuisance is created within the meaning of this act, and dismiss the complaint, if they are satisfied that such fireplace or furnace is constructed in such manner as to consume as far as practicable, having regard to the nature of the manufacture or trade, all smoke arising therefrom, and that such fireplace or furnace has been carefully attended to by

the person having the charge thereof. Rights saved.] The act is not to impair the jurisdiction of sewers or drainage commissioners, or common law remedies for nuisances, nor provisions of smoke nuisances, common lodging-houses, municipal corporations, public health or improvement acts (18 & 19 Vict. c. 121, s. 43);-nor to affect the navigation of rivers or canals (s. 44); —and saves the rights of millowners and waterwork companies (s. 45).

Powers and Duties of Local Authority.] To appoint committee to receive notices and take proceedings (18 & 19 Vict. c. 121, s. 5; 23 & 24 Vict. c. 77, s. 5);—to appoint inspectors of nuisances at a salary (23 & 24 Vict. c. 77, s. 9);-to make entry of premises for specified purposes ;-—to ground proceedings ;-to examine premises where nuisances exists, &c., and to remove or abate a nuisance (18 & 19 Vict. c. 121, s. 11), which power may be exercised at any business hour (29 & 30 Vict. c. 90, s. 31);-to procure sanitary reports and pay for same (23 & 24 Vict. c. 77, s. 14);—to abate nuisance and charge the cost of abating same to the person on whom justices' order is made (18 & 19 Vict. c. 121, s. 12), but paid out of funds of local authority when owner cannot be found (Id. s. 17);—to cover and improve open ditches (Id. s. 22);-to take

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