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38 & 19 Tiet. may, on the application of such local authority, summon the lo
authority of such adjoining district to appear before a court of su mary jurisdiction to show cause why an order should not be me by such court for cleansing such watercourse or open ditch, and executing such permanent or other structural works as may app to sach court to be necessary; and such court after hearing parties, or ez parte in case of the default of any of them to appe may make such order with reference to the execution of the worl and the persons by whom the same are to be executed, and by whe and in what proportion the costs of such works are to be paid, a also as to the amount thereof and the time and mode of payment to such court shall seem reasonable (s. 48).
IV. As to Power to close Polluted Wells, &e. On the representation of any person to any local authority th within their district the water in any well, tank, or cistern, public private, or supplied from any public pump, and used or likely to used by man for drinking or domestic purposes or for manufacturi drinks for the use of man, is so polluted as to be injurious to healt such authority may apply to a court of summary jurisdiction for : order to remedy the same; and thereupon such court is to summi the owner or occupier of the premises to which the well, tank : cistern belongs, if it be private, and in the case of a public el tank, cistern or pump, any person alleged in the application to } interested in the same, and may either dismiss the application may make an order directing the well, tank, cistern or pump to permanently or temporarily closed, or the water to be used for cer tain purposes only, or such other order as may appear to them to b requisite to prevent injury to the health of persons drinking ti water.
The court may, if they see fit, cause the water complained of 1 be analyzed at the cost of the local authority applying to them unda this section.
If the person on whom such an order is made fails to comply with the same, the court may, on the application of the local authority
, authorize them to do whatever may be necessary in the execution at the order, and any expenses incurred by them may be recotered in a summary manner from the person on whom the order is muda (s. 70).
V. As to Abatement of Nuisances. Local Authority to serve Notice requiring Abatement of a Nuisance) Upon the receipt of any information respecting the existence is nuisance, the local authority, if satisfied of the existence of such nuisance, is to serve a notice requiring the abatement thereof withini the time specified, and to execute such works and do such things may be necessary for the purpose (s. 94).
On Non-compliance, Complaint to be made to a Justice.] If the 38 & 39 Vict. person on whom the notice to abate a nuisance has been served c. 55. makes default in complying with any of the requirements thereof within the time specified, or if the nuisance, although abated since the service of the notice, is, in the opinion of the local authority, likely to recur on the same premises, the local authority are to cause a complaint to be made before a justice, and such justice is thereupon to issue a summons requiring the person on whom the notice was served to appear before a court of summary jurisdiction (s. 95).
Power of the Court to make an Order dealing with the Nuisance.] If the court is satisfied that the alleged nuisance exists, or that, although abated, is likely to recur on the same premises, the court is to make an order on such person, requiring him to comply with all or any of the requisitions of the notice, or otherwise to abate within a time specified in the order, and to do any works necessary for that purpose; or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.
The court may, by their order, impose a penalty not exceeding £5 on the person on whom the order is made, and give directions as to the payment of all costs incurred up to the time of the hearing or making the order for abatement or prohibition of the nuisance (s. 96).
Order of Prohibition in case of House unfit for Human Habitation). Where the nuisance proved to exist is such as to render a house or building in the judgment of the court unfit for human habitation, the court may prohibit the using thereof for that purpose until in its judgment the house or building is rendered fit for that purpose; and on the court being satisfied that it has been rendered fit for that purpose, it may determine its previous order by another declaring the house or building habitable, and from the date thereof such house or building may be let or inhabited (s. 97).
Penalty for contravening Order.] A penalty is imposed for nonobedience to the order of the court (s. 98).
Appeal against Order.) A right of appeal is given against any such order (s. 99).
Power of Entry under an Order.] By sect. 102, the local authority or any of their officers are to be admitted into any premises for the purpose of examining as to the existence of any nuisance thereon, or for the purpose of seeing that any order of abatement, &c. is carried out, or to abate the same; and if admission for any of such purposes is refused, any justice, on complaint thereof on oath by any officer of the local authority (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises), may, by order under his hand, require the person having custody of the premises to admit the local
38 & 39 Vict. authority or their officer into the premises during certain hours, and c. 55.
if no person having custody of the premises can be found, the justice is, on oath of the fact, by order under his hand, to authorize the local authority, or any of their officers, to enter such premises during such hours.
The order is to continue in force until the nuisance is abated, or the work for which the entry was necessary has been done (s. 102.
Power of an Indiridual to complain to a Justice of a Nuisance.] Complaint may be made to a justice of the existence of a nuisance under this act on any premises within the district of any local authority by any person aggriered thereby, or by any inhabitant of such district, or by any owner of premises within such district, and thereupon the like proceedings are to be had with the like incidents and consequences as to making of orders, penalties for disobedience of orders, appeal and otherwise, as in the case of a complaint relating to a nuisance made to a justice by the local authority: Provided that the court may, if it thinks fit, adjourn the hearing of the summons for an examination of the premises where the nuisance is alleged to exist, and may authorize the entry into such premises of any constable or other person for the purpose of such examination: Provided, also, that the court may authorize any constable or other person to do all necessary acts for executing an order made under this section, and to recover the expenses from the person on whom the order is made in a summary manner.
Any constable or other person authorized under this section is to have the like powers and be subject to the like restrictions as if he were an officer of the local authority authorized under the provisions of this act relating to nuisances to enter any premises and do any acts thereon (s. 105).
VI. As to Offensive Trades. Duty of Urban Authority to complain to a Justice of a Nuisance arising from an Offensive Trade.] Where any candle-house, meltinghouse, melting-place or soap-house, or any slaughter-house, or any building or place for boiling offal or blood, or for boiling, burning or crushing bones, or any manufactory, building or place used for any trade, business, process or manufacture causing effluvia, is certified to any urban authority by their medical officer of health, or by any two legally qualified medical practitioners, or by any ten inhabitants of the district of such urban authority, to be a nuisance or injurious to the health of any of the inhabitants of the district, such urban authority are to direct complaint to be made before a justice, who may summon the person by or on whose behalf the trade so complained of is carried on to appear before a court of summary jurisdiction.
The court is to inquire into the complaint, and if it appears to
them that the business carried on by the person complained of is a 38 & 39 Vict. nuisance or causes any effluvia which is a nuisance or injurious to c. 55. health of any of the inhabitants of the district, and unless it be shown that such person has used the best practicable means for abating such nuisance or preventing or counteracting such effluvia, the person so offending (being the owner or occupier of the premises, or being a foreman or other person employed by such owner or occupier) is to be liable to a penalty not exceeding £5 nor less than 408., and on a second and any subsequent conviction to a penalty double the amount of the penalty imposed for the last preceding conviction; but the highest amount of any such penalty is not in any case to exceed £200.
Provided that the court may suspend its final determination on condition that the person complained of undertakes to adopt, within a reasonable time, such means as the court may deem to be practicable and order to be carried into effect for abating such nuisance, or mitigating or preventing the injurious effects of such effluvia, or if such person gives notice of appeal to the court of quarter sessions (s. 114).
VII. As to Unsound Meat, &c. Power of Medical Officer of Health, &c. to inspect Meat, &c.] Any 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, flour or milk 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 any
such purpose, or was not intended for the food of man, resting with the party charged; and if any such animal, &c. appears to such medical officer or inspector to be diseased or unsound or unwholesome or unfit for the food of man, he may seize and carry away the same himself or by an assistant, in order to have the same dealt with by a justice (s. 116).
Power of Justice to order Destruction of Unsound Meat, and to impose a Penalty.] If it appears to the justice that any animal, &c. so seized is diseased or unsound or unwholesome or unfit for the food of man he is to condemn the same, and order it to be destroyed or so disposed of as to prevent it from being exposed for sale or used for the food of man; and the person to whom the same belongs or did belong at the time of exposure for sale, or in whose possession or on whose premises the same was found shall be liable to a penalty not exceeding £20 for every animal, carcase or fish, or piece of meat, flesh or fish, or any poultry or game, or for the parcel of fruit, vegetable, corn, bread or flour, or for the milk so condemned; or, at the discretion of the justice, without the infliction of a fine, to imprisonment for a term of not more than three months.
33 & 39 Vict. e. 55.
The justice who, under this section, is empowered to convict the offender may be either the justice who may have ordered the article to be disposed of or destroyed, or any other justice having jurisdiction in the place (s. 117).
Although the foregoing section does not in express terms provide for the summoning of the offender to show cause why he should not be dealt with for the offence, it is abundantly clear upon principle that such a course should be pursued.
Search warrant may be granted by a Justice.] On complaint on oath by a medical officer of health, or by an inspector of nuisances or other officer of a local authority, any justice may grant a warrant to enter any building or part of a building in which such officer has reason to believe that there is kept or concealed any animal, &c. which is intended for sale for the food of man, and is diseased, unsound or unwholesome or unfit for the food of man; and to search for, seize and carry away any such animal or other article in order to have the same dealt with by a justice under the provisions of the act (s. 119).
VIII. As to Jortuaries. Justices may in certain cases order the remoral of a Dead Body to a Mortuary.] Where the body of one who has died of an 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 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, at the cost of the local authority, to any mortuary provided by such 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 is to 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 recorered by the relieving officer in a summary manner from the person legally liable to pay the expense of such burial (s. 141).
IX. As to Arbitration. In cases of dispute as to the amount of any compensation to be made under the provisions of the act, it is enacted by section 181 that all questions referable to arbitration under the act may, when the amount in dispute is less than £20, be determined, at the option of either party, before a court of summary jurisdiction; but the court may, if it thinks fit, require that any work in respect of which the claim of the local authority is made and the particulars of the claim be reported on to them by any competent surveyor, not being the surveyor of the local authority; and the court may deter