proceedings for overcrowding (Id. s. 29);-to order costs of prose- 18 & 19 Vict. cution to be paid out of fund (Id. s. 30; and 23 & 24 Vict. c. 77, c. 121. s. 4, and 29 & 30 Vict. c. 90, s. 33;—and they may authorize their clerk or any officer or member to appear before justices and to institute and carry on proceedings under the acts (29 & 30 Vict. c. 90, s. 48). By 29 & 30 Vict. c. 90, s. 20, "It shall be the duty of the nuisance authority to make from time to time, either by itself or its officers, inspection of the district, with a view to ascertain what nuisances exist calling for abatement under the powers of the Nuisances Removal Acts, and to enforce the provisions of the said acts in order to cause the abatement thereof, also to enforce the provisions of any act that may be in force within its district requiring fireplaces and furnaces to consume their own smoke; and any justice, upon complaint upon oath may make an order to admit the nuisance authority or their officers for these purposes, as well as to ground proceedings under the 11th section of 'The Nuisances Removal Act, 1855.'" Preliminaries to the Procedure before Justices.] Notice of the nuisance is to be given to the local authority by any of the following persons:-any person aggrieved by the nuisance ;-the sanitary inspector or any paid officer of the local authority;-two or more inhabitant householders of the parish or place;-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, the person appointed for inspection of common lodging-houses (18 & 19 Vict. c. 121, s. 10). The local authority may, under sect. 10, direct an officer to make entry of the premises to see if nuisance exists, previous to which a notice of such intention is to be given as required by 29 & 30 Vict. c. 90, s. 21, infra. If admission to private premises not granted, and also where no person is in possession, a justices' order should be obtained (s. 11), which order continues in force till the nuisance is abated (29 & 30 Vict. c. 90, 8. 31). If the nuisance exists, local authority to direct officer to take proceedings before justices (18 & 19 Vict. c. 121, ss. 5, 12; and see 29 & 30 Vict. c. 90, s. 48), for which the copy resolution is evidence (18 & 19 Vict. c. 121, s. 32). By 29 & 30 Vict. c. 90, s. 21, "The nuisance authority or chief officer of police shall, previous to taking proceeding before a justice under the twelfth section of the Nuisances Removal Act, 1855, serve a notice [Amys v. Creed, 38 L. J. (N. S.) M. C. 22], on the person by whose act, default, or sufferance the nuisance arises or continues, or if such person cannot be found or ascertained, on the owner or occupier of the premises on which the nuisance arises, to abate the same, and for that purpose to execute such works, and to do all such things as may be necessary within a time to be specified in the notice: Provided, "First, that where the nuisance arises from the want or defective 18 & 19 Vict. c. 121. construction of any structural convenience, or where there is no occupier of the premises, notice under this section shall be served on the owner: "Secondly, that where the person causing the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, then the nuisance authority may itself abate the same without further order, and the cost of so doing shall be part of the costs of executing the Nuisances Removal Acts, and borne accordingly." Procedure before Justices.] 18 & 19 Vict. c. 121, s. 12, enacts,— "in any case where a nuisance is so ascertained by the local authority to exist, 109-or where the nuisance, in their opinion, did exist at the time when the notice was given, and although the same may have since been 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, 110—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 [in s. 13, infra; and see Ex parte The Mayor, &c. of Liverpool, 27 L. J. (N. S.) M. C. 89], 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. 109 Within their district, by an act done also within such district (Reg. v. Cotton, 28 L. J. (N. S.) M. C. 22; 32 Law T. 125). By 29 & 30 Vict. c. 90, s. 32, "any ship or vessel lying in any river, harbour or other water shall be subject to the jurisdiction of the nuisance authority of the district within which such river, harbour or other water is, and be within the provisions of the Nuisances Removal Acts, in the same manner as if it were a house within such jurisdiction,—and the master or other officer in charge of such ship shall be deemed for the purposes of the Nuisances Removal Acts to be the occupier of such ship or vessel; but this section shall not apply to any ship or vessel belonging to her Majesty or to any foreign government." 110 See hereon Brown v. Bussell, Francomb v. Freeman, 37 L. J. (N. S.) M. C. 65; Guardians of Hendon Union v. Bowles, 17 Law. T., N. S. 597; Proprietors of Margate Pier v. Town Council of Margate, 20 Law T., N. S. 564. Order for Abatement of Nuisance and Prohibition against future 18 & 19 Vict. Nuisance.] 18 & 19 Vict. c. 121, s. 13, provides that the justices' c. 121. order may require in the four descriptions of nuisances set out in sect. 8, and which may be conveniently placed in the same order, viz.: -or to 1. As respects Nuisance No. 1, in the 18 & 19 Vict. c. 121, s. 8,- 3. As respects Nuisance No. 3,-" To provide for the cleanly 4. As respects Nuisance No. 4,-"To carry away the accumulation or deposit which is a nuisance or injurious to health :" 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 such 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." And by sect. 14, 'the local authority may, under the powers of entry given by the act (see s. 11), 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 order is made, as hereinafter provided" in 18 & 19 Vict. c. 121, ss. 19, 20. The justices may also, when it shall appear to them that the c. 121. 18 & 19 Vict. execution of structural works is required for the abatement of a nuisance, direct such works to be carried out under the direction or with the consent or approval of any public board, trustee or commissioners having jurisdiction in the place in respect of such works (18 & 19 Vict. c. 121, s. 16; see Ex parte, The Mayor, &c. of Lverpool, 27 L. J. (N. S.) M. C. 89). Whenever the person causing the nuisance, or the owner or occupier, is not known or cannot be found, the justices may address their order to the local authority, who may execute the works (18 & 19 Vict. c. 121, s. 17). of If the occupier prevent the owner executing the works ordered, a justice may by order in writing require the occupier to desist from such prevention, if he thinks it to be necessary for the carrying into effect the act (18 & 19 Vict. c. 121, s. 37). of £5 is imposed for disobeying the order. purpose A penalty Powers of Police.] By 29 & 30 Vict. c. 90, s. 16, "In any place within the jurisdiction of a nuisance authority, the chief officer of police within that district, by and under the directions of one of her Majesty's principal secretaries of state [now the "Local Government Board," 34 & 35 Vict. c. 70], on its being proved to his satisfaction that the nuisance authority has made default in doing its duty, may institute any proceeding which the nuisance authority of such place might institute with respect to the removal of nuisances-Provided always, that no officer of police shall be at liberty to enter any house or part of a house used as the dwelling of any person without such person's consent, or without the warrant of a justice of the peace, for the purpose of carrying into effect this act." Power to cause Premises to be cleansed and disinfected,—to provide means of Disinfection.] By 29 & 30 Vict. c. 90, s. 22, "if the nuisance authority shall be of opinion, upon the certificate of any legally qualified medical practitioner, that the cleansing and disinfecting of any house or part thereof, and of any articles therein likely to retain infection, would tend to prevent or check infectious or contagious disease, it shall be the duty of the nuisance authority to give notice in writing requiring the owner or occupier of such house or part thereof to cleanse and disinfect the same as the case may require;-and the nuisance authority shall cause such house or part thereof to be cleansed and disinfected, and may recover the expenses incurred from the owner or occupier in default in a summary manner- -[as provided by sect. 54];-when the owner or occupier of any such house or part thereof as is referred to in this section is from poverty or otherwise unable, in the opinion of the nuisance authority, effectually to carry out the requirements of this section, such authority may, without enforcing such requirements on such owner or occupier, with his consent, at its own expense, cleanse and disinfect such house or part thereof and any articles 18 & 19 Vict. therein likely to retain infection." By sect. 23, "the nuisance c. 121. authority in each district may provide a proper place, with all necessary apparatus and attendance, for the disinfection of woollen articles, clothing, or bedding which have become infected,-and they may cause any articles brought for disinfection to be disinfected free of charge." Providing Carriages for Conveyance of Infected Persons.] By 29 & 30 Vict. c. 90, s. 24, "it shall be lawful at all times for the nuisance authority to provide and maintain a carriage or carriages suitable for the conveyance of persons suffering under any contagious or infectious disease, and to pay the expense of conveying any person therein to a hospital or place for the reception of the sick or to his own home." By sect. 25, "if any person suffering from any dangerous infectious disorder shall enter any public conveyance without previously notifying to the owner or driver thereof that he is so suffering," he is liable to a penalty not exceeding £5, and to pay to the owner and driver all the losses and expenses they may suffer in carrying into effect the provisions of this act;—“and no owner or driver of any public conveyance shall be required to convey any person so suffering until they shall have been first paid a sum sufficient to cover all such losses and expenses." Removal of Sick Persons without Lodging to Hospital-Sick Persons brought by Ships.] By 29 & 30 Vict. c. 90, s. 26, "where a hospital or place for the reception of the sick is provided within the district of a nuisance authority, any justice may, with the consent of the superintending body of such hospital or place, by order on a certificate signed by a legally qualified medical practitioner, direct the removal to such hospital or place for the reception of the sick, at the cost of the nuisance authority, of any person suffering from any dangerous, contagious or infectious disorder, being without proper lodging or accommodation, or lodged in a room occupied by more than one family, or being on board any ship or vessel." By sect. 29, "any nuisance authority may, with the sanction of the privy council [now 'Local Government Board,' 34 & 35 Vict. c. 70], signified in manner provided by 'The Public Health Act, 1858,' lay down rules for the removal to any hospital to which such authority is entitled to remove patients, and for keeping in such hospital so long as may be necessary any persons brought within their district by any ship or boat who are infected with a dangerous and infectious disorder, and they may by such rules impose any penalty not exceeding 51. on any person committing any offence against the same." By sect. 30,❝for the purposes of this act any ship, vessel, or boat that is in a place not within the district of a nuisance authority shall be deemed to be within the district of such nuisance authority as may be prescribed |