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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 anthority 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 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.” 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 (sce 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 lanful 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
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.
18 & 19 Vict. recovered in manner authorized by the Nuisances Removal Acts,c. 121.
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).
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
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,
c. 121. 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.”
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, 8. 12), and may procure sanitary reports and pay for the same
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.”
I. Justices' Power to administer Oaths. There does not appear, upon an examination of many legal authorities, to have been any general power given by statute to a justice of the peace to administer an oath or take an affidavit, previous to the passing of “The Declaration Act of 1835,” 5 & 6 Will. 4, c. 62, noticed infra, although it was considered, that in all cases where a magistrate has power to hear evidence, he has incidentally a power to administer an oath to the party who gives it (see Vol. I. p. 84)
. That statute, by sect. 13 (see p. 1516), prohibits justices from administering oaths touching matters whereof they have no jurisdiction by statute, excepting in the cases herein provided for; but power is given them to take affidavits in many cases by subsequent statutes in proceedings not before them, viz. (amongst others) :1. To be used in any matter in bankruptcy under the English Bank
ruptcy Acts Rule No. 157 of 1st January, 1870, made pursuant
to 32 & 33 Vict. c. 71, s. 78): 2. In proof of debts under the Irish Bankruptcy Act, 20 & 21 Vict.
c. 60, s. 366, and in backing search warrants for effects of bankrupts (Id. s. 73); but no fees to be taken or received for affidavits
(Id. s. 368) : 3. In proof of debts under the Scotch Sequestration Act (19 & 20 Viet.
c. 79, s. 22): 4. Any affidavit to be used in a county court (9 & 10 Vict. c. 95, s. 62 ;
19 & 20 Vict. c. 108, s. 58) : 5. Of the service of process from the Vice-Warden's Court of the Stan
naries of Cornwall and Devon (18 & 19 Vict. c. 32, s. 8) : 6. Affidavits required by the laws of a foreign country to give validity
to instruments in writing (5 & 6 Will. 4, c. 62, s. 13, post, p. 1516): 7. Oaths administered according to the law and practice of Scotland on
the ratification of deeds by married women, exempted from 5 & 6 Will. 4, c. 62, by 6 & 7 Will. 4, c. 43 (saved by Promissory Oaths
Act, 1868, 31 & 32 Vict. c. 72, s. 14, sub-s. 11): 8. In proof of compliance with Commons' Standing Orders of Parlis
ment before examiner of petitions and committee on private bills
(Orders 77, 139. See proviso to sect. 13, p. 1516): 9. Of unstamped promissory notes issued by banks (9 Geo. 4, c. 23,
s. 7; see Reg. v. Greenland, 36 L. J. (N. S.) M. C. 37; 15 Law T.,
N. S. 589) : 10. Oaths of allegiance under Naturalization Acts, 1870 (under Home
Secretary's Regulations, ante, p. 1322). 11. Made for the purposes of the Stamp and Stamp Duties Management
Acts, 1870 (33 & 34 Vict, cc. 97, 98, s. 27).
Justices also have a general power to administer an oath (or an affirmation where necessary) to witnesses in summary proceedings and on charges of indictable offences, in which they have jurisdiction, as will be seen from the following references to the statutes:In Summary Proceedings.] Oath or affirmation substantiating information
or complaint, and granting a warrant (11 & 12 Vict. c. 43, s. 2, Vol. I. pp. 138, 139, in addition to the power given by the particular statute on receiving an information, &c. Oath or affirmation on granting summons or warrant for a witness (Id. s. 7, Id. p. 161);--and by sect. 15, Id. "the justice before whom any witness shall appear for the purpose of being examined has full power and authority to administer to
him the usual oath or affirmation." Charges of Indictable Offences.] Oath or affirmation on receiving the
information for the purpose of granting a warrant (11 & 12 Vict. c. 42, 8. 8, ante, p. 881); of identity of person indicted (s. 3, ante, p. 911); -ou backing a warrant granted in another jurisdiction (s. 11, ante, p. 897) ;-oath or affirmation on granting a summons or warrant for a witness (s. 16, ante, p. 939) ;-and oath or affirmation on taking the depositions of witness (s. 17, ante, p. 945.) Generally.] “The Law of Evidence Amendment Act," 14 & 15 Vict.
c. 99, s. 16, enacts, --"Every court, judge, justice, officer, commissioner, arbitrator, or other person, now or hereafter having by law or by consent of parties authority to hear, receive and examine evidence, is empowered to administer an oath to all such witnesses as are legally called
before them respectively.” Persons tendered as Bail for a Party.] See Vol. I. p. 159, Note 4, and ante
Afirmation or Declaration of a Quaker or Moravian.] 9 Geo. 4, c. 32, s. 1;
3 & 4 Will. 4, c. 49, s. 1; Form, Vol. I. p. 87. Affirmation for those who formerly were Quakers or Moravians.] 1 & 2 Vict.
c. 77; Form, Vol. I. pp. 87, 88. Afirmation of Separatists.] 3 & 4 Will. 4, c. 82, s. 1; Form, Vol I.
Afirmalions to other Persons.] 24 & 25 Vict. c. 66; 17 & 18 Vict. c. 125,
8.20, and 32 & 33 Vict. c. 68; Vol. I. pp. 87, 88.
Vol. I. p. 89.
II. Declaration in lieu of Oath. The 5 & 6 Will. 4, c. 62, does not interfere with the oaths to be 5 & 6 Will. 4, taken in courts of justice or before justices of the peace (see s. 7, c. 62. and proviso to s. 13, infra), but coinprises various provisions as to declarations in relation to the revenue departments (ss. 2, 3, 4, 5), the oath of allegiance (s. 6), declarations at the universities or other local bodies (s. 8), or by churchwardens and sidesmen (s. 9), or by trustees of turnpike trusts (s. 10), or on taking out a patent (s. 11),