Sivut kuvina
PDF
ePub

Foul Watercourses.] See 21 & 22 Vict. c. 98, s. 31.

18 & 19 Vict.

Order for Removal of Nuisance on private Premises on Application c. 121. of an Inhabitant alone.] By 23 & 24 Vict. c. 77, s. 13, "upon complaint before a justice of the peace by any inhabitant of any parish or place of the existence of any nuisance on any private premises in the same parish or place, such justice shall issue a summons requiring the person by whose act, default, permission or sufferance the nuisance arises, or, if such person cannot be found or ascertained, the owner or occupier of the premises on which the nuisance arises, to appear before two justices in petty sessions assembled at their usual place of meeting, who shall proceed to inquire into the said complaint, and act in relation thereto as in cases where complaint is made by a local authority under sect. 12 of the said Nuisances Removal Act, and as if the person making the complaint were such local authority [but no notice is necessary before the summons, as required by 29 & 30 Vict. c. 90, s. 21; Cocker v. Cardwell, 39 L. J. (N. S.) M. C. 28; 21 Law T., N. S. 457];-provided always, that it shall be lawful for the said justices, if they see fit, to adjourn the hearing or further hearing of such summons for an examination of the premises where the nuisance is alleged to exist, and to require the admission or authorize the entry into such premises of any constable or other person or persons, and thereupon the person or persons authorized by the order of the justices may enter and act as the local authority might under a like order made by any justice under sect. 11 of the said act;-provided also, that the costs in the case of every such application shall be in the discretion of the justices, and payment thereof may be ordered and enforced as in other cases of summary adjudication by justices;any order made by justices under this enactment shall be attended with the like penalties and consequences for disobedience thereof, and subject to the like appeal as any order made under sect. 12 of the said Nuisances Removal Act,-and the justices making such order may thereby authorize any constable or other person or persons to do all acts for removing or abating the nuisance condemned or prohibited, and for executing such order, in like manner as a local authority obtaining the like order might do under the said act, and to charge the costs to the person on whom the order is made, as is provided in the case where a like order is obtained and executed by such local authority."

Nuisances arising in cases of Noxious Trades: 18 & 19 Vict. c. 121, s. 27.] By 29 & 30 Vict. c. 90, s. 18, a requisition in writing under the hands of any ten inhabitants of a place, shall for the purposes of the 18 & 19 Vict. c. 121, s. 27, be deemed to be equivalent to the certificate of the medical officer or medical practitioners therein mentioned, and the said section shall be enforced accord

[graphic]

18 & 19 Vict.

Overcrowded Houses.] 18 & 19 Vict. c. 121, s. 29, authorizes the local authority, on certificate of medical officer of health, if one, or if none, of two qualified medical practitioners, 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, to take proceedings before justices to abate such overcrowding, "and the justices shall thereupon make such order as they may think fit;"-and the person permitting such overcrowding is liable to a penalty of not exceeding 40s. By 29 & 30 Vict. c. 90, s. 36, "where two convictions against the provisions of any act relating to the overcrowding of a house, or the occupation of a cellar as a separate dwelling place, shall have taken place within the period of three months, whether the persons so convicted were or were not the same, it shall be lawful for any two justices to direct the closing of such premises for such time as they may deem necessary, and, in the case of cellars occupied as aforesaid, to empower the nuisance authority to permanently close the same, in such manner as they may deem fit, at their own cost."

Periodical Removal of Manure in Mews, &c.] By 29 & 30 Vict. c. 90, s. 53, "where notice has been given by the nuisance authority, or their officer or officers for the periodical removal of manure or other refuse matters from mews, stables, or other premises (whether such notice shall be by public announcement in the locality or otherwise), and subsequent to such notice the person or persons to whom the manure or other refuse matter belongs shall not so remove the same, or shall permit a further accumulation, and shall not continue such periodical removal at such intervals as the nuisance authority, or their officer or officers, shall direct, he or they shall be liable, without further notice, to a penalty of twenty shillings per day for every day during which such manure or other refuse matter shall be permitted to accumulate:-provided always, that this section shall not apply to any place where the board of guardians or overseers of the poor are the nuisance authority."

Justices' Order to admit Local Authority or Person to enter.] By 18 & 19 Vict. c. 121, s. 11, a justice may require the person having the custody of premises where a nuisance exists to admit the local authority or their officer, which order continues in force until the nuisance is abated (29 & 30 Vict. c. 90, s. 31); but, if no person can be discovered, the justices may authorize the local authority to enter the premises, as well as the immediate removal, destruction or sale of matters and things removed by local authority, if the delay of keeping them five days would be prejudicial to health (see 18 & 19 Vict. c. 121, s. 18).

Fountains vested in Local Authority-Persons polluting them.] By 23 & 24 Vict. c. 77, s. 7, wells, fountains and pumps, provided for

the use of inhabitants of any place, and not vested in private 18 & 19 Vict. bodies, are to be vested in the local authority under this act. c. 121. Sect. 8 provides a penalty upon persons fouling the water therein. Costs of Proceedings and Works, and their Recovery from Owners, &c.—Occupier may deduct from Rent.]-18 & 19 Vict. c. 121, s. 19, enacts, "all reasonable costs and expenses from time to time incurred in making a complaint, or giving notice to or in obtaining 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 [or the agent of an absent owner, Blything Union v. Warton, 32 L. J. (N. S.) M. C. 132] 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; 111-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 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." Sect. 20 provides the mode of recovering costs and expenses where the local authority is the complaining party. The 11 & 12 Vict. c. 43 applies (see s. 38), under which there would be not exceeding three calendar months' imprisonment in default of distress (s. 22, Vol. I. p. 199). By 29 & 30 Vict. c. 90, s. 34, "that it shall be lawful for the nuisance authority, at their discretion, to require the payment of any costs or expenses which the owner of any premises may be liable to pay under the said Nuisances Removal Acts or this act, either from the owner or from any person who then or at any time thereafter occupies such premises,-and such owner or occupier shall be liable to pay the same,-and the same shall be

it

111 The recovery before justices of the peace seems, however, to be the better remedy, as they can apportion the costs, &c., and also where more than one person is liable.

[ocr errors]

c. 121.

18 & 19 Vict. recovered in manner authorized by the Nuisances Removal Acts,— and the owner shall allow such occupier to deduct the sums of money which he so pays out of the rent from time to time becoming due in respect of the said premises, as if the same had been actually paid to such owner as part of such rent:-provided always, that no such occupier shall be required to pay any further sum than the amount of rent for the time being due from him, or which, after such demand of such costs or expenses from such occupier, and after notice not to pay his landlord any rent without first deducting the amount of such costs or expenses, becomes payable by such occupier, unless he refuse, on application being made to him for that purpose by or on behalf of the nuisance authority, truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie upon such occupier;-provided also, that nothing herein contained shall be taken to affect any contract made or to be made between any owner or occupier of any house, building or other property whereof it is or may be agreed that the occupier shall pay or discharge all rates, dues and sums of money payable in respect of such house, building or other property, or to affect any contract whatsoever between landlord or tenant."

Services of Notices, Summonses and Orders-Joinder of Parties— Designation.] Notices, summonses and orders may be served by delivering the same to or at the residence of the persons addressed, -and where addressed to the owner or occupier, they may also be served by delivering the same or a true copy to some person on the premises, or if there be no person on the premises, by fixing the same on some conspicuous part of the premises, or if the person reside more than five miles from the office of the inspector, then by a registered letter through the post (18 & 19 Vict. c. 121, s. 31). Several persons may be proceeded against in respect of one nuisance caused by their joint act or default, and included in one complaint, summons and order (s. 33). One or more joint owners or occupiers may be proceeded against alone (s. 34). In any proceeding the owner may be designated as the “ owner or 'occupier" of the premises, without name or further description (s. 35).

[ocr errors]

Appeal.] Appeal lies against justices' order of prohibition, as mentioned in 18 & 19 Vict. c. 121, s. 12;-also against any justices' order for structural works (s. 16); and also any conviction for carrying on noxious trades (s. 27);—which appeal must be made to the quarter sessions, held next after the making of the order, the party giving notice to the local authority within fourteen

c. 121.

days of the order and entering into recognizance within two days of 18 & 19 Vict. giving such notice to try appeal, &c.; and see 12 & 13 Vict. c. 45, s. 1, ante, p. 252, Note 5, as to notice before the sessions).

II. Diseases Prevention.

Local Authority.] By 23 & 24 Vict. c. 77, s. 11, guardians and 18 & 19 Vict. overseers of the poor are to be the local authorities for executing c. 116. "The Diseases Prevention Act, 1855," 18 & 19 Vict. c. 116. By 29 & 30 Vict. c. 90, s. 40, “where in any place two or more boards of guardians or local authorities have jurisdiction, the privy council [now the Local Government Board,' 34 & 35 Vict. c. 70] may by any order made under The Diseases Prevention Act, 1855,' authorize or require such boards to act together for the purposes of that act, and may prescribe the mode of such joint action and of defraying the costs thereof."

[ocr errors]

Powers of Local Authority.] Power of entry for superintending the execution of regulations issued by the [privy council, 21 & 22 Vict. c. 97; 22 & 23 Vict. c. 3] (18 & 19 Vict. c. 116, ss. 4, 8); may direct prosecutions for violating the same (s. 9); may provide carriages for conveyance of infected persons (23 & 24 Vict. c. 77, s. 12), and may procure sanitary reports and pay for the same (s. 14).

Medical Expenses for Services on board Vessels.] By 18 & 19 Vict. c. 116, s. 12, “disputes in respect of charges, not exceeding fifty pounds, of medical men for services rendered on board any vessel, as required by the [Local Government Board, 34 & 35 Vict. c. 70], may be determined summarily at the place where the dispute arises, as in case of seamen's wages not exceeding fifty pounds, according to the provisions of the law in that behalf for the time being in force [i. e. before any two justices of the peace (17 & 18 Vict. c. 104, s. 188), or any stipendiary magistrate, sect. 519, title " Seamen," post];-and any justice before whom complaint is made, shall determine summarily as to the amount which is reasonable, according to the accustomed rate of charge within the place for attendance on patients of the like class or condition as those in respect of whom the charge is made."

[blocks in formation]
« EdellinenJatka »