c. 121. 18 & 19 Vict. by the privy council,-and until a nuisance authority has been prescribed, then of the nuisance authority whose district nearest adjoins the place where such ship, vessel, or boat is lying, the distance being measured in a straight line, but nothing in this act contained shall enable any nuisance authority to interfere with any ship, vessel, or boat that is not in British waters." Providing Places for the Reception of Dead Bodies.] By 29 & 30 Vict. c. 90, s. 27, "any nuisance authority may provide a proper place for the reception of dead bodies, and where any such place has been provided and any dead body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates of the same house or room is retained in such house or room, any justice may, on a certificate signed by a legally qualified medical practitioner, order the body to be removed to such proper place of reception at the cost of the nuisance authority, and direct the same to be buried within a time to be limited in such order;—and unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it shall be the duty of the relieving officer to bury such body at the expense of the poor rate, but any expense so incurred may be recovered by the relieving officer in a summary manner [as provided by sect. 54] from any person legally liable to pay the expense of such burial.” By sect. 28, "any nuisance authority may provide a proper place (otherwise than at a workhouse or at a mortuary house as lastly herein before provided for) for the reception of dead bodies for and during the time required to conduct any post-mortem examination ordered by the coroner of the district or other constituted authority, and may make such regulations as they may deem fit for the maintenance, support and management of such place-and where any such place has been provided, any coroner or other constituted authority may order the removal of the body for carrying out such post-mortem examination and the re-removal of such body, such costs of removal and re-removal to be paid in the same manner and out of the same fund as the costs and fees for post-mortem examination when ordered by the corner." Power to provide Hospitals.] By 29 & 30 Vict. c. 90, s. 37, "the sewer authority, or in the metropolis the nuisance authority, may provide for the use of the inhabitants within its district hospitals or temporary places for the reception of the sick. Such authority may itself build such hospitals or places of reception, or make contracts for the use of any existing hospital or part of a hospital, or for the temporary use of any place for the reception of the sick. It may enter into any agreement with any person or body of persons having the management of any hospital for the reception of c. 121. the sick inhabitants of its district, on payment by the sewer 18 & 19 Vict. authority of such annual or other sum as may be agreed upon. The carrying into effect this section shall in the case of a sewer authority be deemed to be one of the purposes of the said 'Sewage Utilization Act, 1865,' and all the provisions of the said act shall apply accordingly [see post, tit. Sewage Utilization']. Two or more authorities having respectively the power to provide separate hospitals may combine in providing a common hospital, and all expenses incurred by such authorities in providing such hospital shall be deemed to be expenses incurred by them respectively in carrying into effect the purposes of this act." This provision has been amended by 31 & 32 Vict. c. 115, s. 10, which enacts,— "the sewer authority, or in the metropolis the nuisance authority, shall have the like power to make provisions for the temporary supply of medicine and medical assistance for the poorer inhabitants as it now has to provide hospitals or temporary places for the reception of the sick under the thirty-seventh section of The Sanitary Act, 1866,' but such power to make provision for the temporary supply of medicine and medical assistance shall not be exercised without the sanction of her Majesty's privy council.' Power to make Regulations as to Lodging Houses.] By 29 & 30 Vict. c. 90, s. 35, "on application to one of her Majesty's principal secretaries of state by the nuisance authority of the city of London, or any district or parish included within the act for the better local government of the metropolis, or of any municipal borough, or of any place under The Local Government Act, 1838,' or any local improvement act, or of any city or town containing, according to the census for the time being in force, a population of not less than five thousand inhabitants, the secretary of state [now the Local Government Board, 34 & 35 Vict. c. 70] may, as he may think fit, by notice to be published in the London Gazette, declare the following enactment to be in force in the district of such nuisance authority, and from and after the publication of such notice the nuisance authority shall be empowered to make regulations for the following matters; that is to say, "1. For fixing the number of persons who may occupy a house or part of a house which is let in lodgings or occupied by members of more than one family: "2. For the registration of houses thus let or occupied in lodgings: "3. For the inspection of such houses, and the keeping the same in a cleanly and wholesome state: "4. For enforcing therein the provision of privy accommodation and other appliances and means of cleanliness in proportion 18 & 19 Vict. c. 121. "5. For the cleansing and lime-whiting at stated times of such premises: "The nuisance authority may provide for the enforcement of the above regulations by penalties not exceeding forty shillings for any one offence, with an additional penalty not exceeding twenty shillings for every day during which a default in obeying such regulations may continue; but such regulations shall not be of any validity unless and until they shall have been confirmed by the secretary of state. But this section shall not apply to common lodging houses within the provisions of The Common Lodging Houses Act, 1851,' or any act amending the same." Open Ditches, &c.] By 18 & 19 Vict. c. 121, s. 22, the local authority may cover and improve [but not reconstruct, Reg. v. Ерзоть Union, 8 Law T., N. S. 383] any ditch, gutter, drain or watercourse used or partly used for the conveyance of any water, filth, sewage or other matter from houses, buildings or premises, which is a nuisance; and parties are liable to the same penalties for interfering therewith as in the 67th and 68th sections of 5 & 6 Will. 4, c. 30. The local authority may assess the houses, &c. to the costs, to be recovered as highway rates. (See Reg. v. Middleton, 28 L. J. (N. S.) M. C. 41; 32 Law T. 124; Reg. v. Justices of Surrey, 24 J. P. 802, 806; Reg. v. Gosse, 30 L. J. (N. S.) M. C. 41; 3 Law T., N. S. 404; Reg. v. Bodkin and others, Justices of Middlesex, 30 L. J. (N. S.) M. C. 38.) Destruction of Unwholesome Meat, &c.] By 26 & 27 Vict. c. 117, s. 2 (the corresponding enactment in 18 & 19 Vict. c. 121, s. 26, being repealed by s. 1), "the medical officer of health or inspector of nuisances may at all reasonable times inspect and examine any animal, carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread or flour exposed for sale, or deposited in any place for the purpose of sale or of preparation for sale, and intended for the food of man, the proof that the same was not exposed or deposited for such purpose or purposes, or was not intended for the food of man, resting with the party charged; and in case any such animal, carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread or flour appear to him to be diseased, or unsound, or unwholesome, or unfit for the food of man, it shall be lawful for such medical officer of health or inspector of nuisances to seize, take and carry away the same, or direct the same to be seized, taken and carried away by any officer, servant or assistant, in order to have the same dealt with by a justice;—and if it shall appear to the justice that any such animal, or any of the said articles, is diseased, or unsound, or unwholesome, or unfit for the food of man, he shall order the same to be destroyed, or so disposed of as to prevent such animal or articles from being exposed for sale or used for such food." 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 accordingly. 18 & 19 Vict. c. 121. 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 |
