Nuisances Removal Acts

FOR ENGLAND,

(18 & 19 VICT. c. 121, and 23 & 24 VICT. c. 77.)

SHAW AND SONS, FETTER LANE,

Law Printers and Publishers.

LONDON PRINTED BY SHAW & SONS, FETTER LANE.

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Of the constitution of the local authority for the ex-

ecution of the Act, the expenses of its execu-

tion, the description of nuisances that may be

dealt with under it, and the power of entry for

the purposes of the Act -

PART 2.-THE REMOVAL OF NUISANCES

PART 3.-PROCEDURE

STATUTE, 18 & 19 VICT. C. 121.

4

- 6

id.

24

51

To consolidate and amend the Nuisances Removal

and Diseases Prevention Acts, 1848 and 1849 - 61

Repeal of the Nuisances Removal and Diseases Pre-

vention Acts, 1848, 1849, as far as relates to
England, except as to proceedings commenced id.
Interpretation of certain terms used in this Act

id.

Part1.-Constitution of Local Authority, Expenses,

Description of Nuisances, and Powers of Entry 62

The local authority to execute the Act
As to filling up vacancies

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Power to local authority to appoint committees

As to the execution of this Act in extra-parochial

places

As to defraying expenses of executing this Act

What are deemed nuisances under this Act

Power to local authority to appoint a sanitary in-

spector, and allow him a proper salary

Notice of nuisances to be given to local authority,

&c. to ground proceedings

Power of entry to local authority or their officer

64

PAGE

Part 2.-Removal of Nuisances

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Proceedings by local authority before justices in the

case of nuisances likely to recur, &c.

If proved to justices that nuisance exists, &c. they

shall issue order for abatement, &c.

Justices' order for abatement -

Prohibitive order against future nuisance

Penalty for contravention of order of abatement,

and of prohibition

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If person causing nuisance cannot be found, local

authority to execute order at once

Costs and expenses of works to be paid by person on

whom order is made, or owner or occupier

Proceedings before justices to recover expenses

Surveyors of highways to cleanse ditches, &c., pay-

ing owners, &c. for damages

Power to local authority to cover and improve open

ditches, &c.

Penalty for causing water to be corrupted by gas

washings

Penalty to be sued for in superior courts within six

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68

-id.

- id.

- 69

- id.

- id.

id.

id.

70

months

Daily penalty during the continuance of the offence 73

Penalty on sale of unwholesome meat, &c.
As to nuisances arising in cases of noxious trades,
businesses, processes, or manufactures

Reference to superior court at the option of the party

complained against -

On certificate of medical officer to local authority

that house is overcrowded, proceedings may be

taken to abate the same

Local authority to order costs of prosecutions to be

paid out of the rates

Service of notices, summonses, and orders

Proof of resolutions of local authority

As to proceedings taken against several persons for

the same offence

PAGE

Part 3.—As to Procedure under this Act

- 75

- id.

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- id.

-id.

- id.

- 76

- id.

- id.

12

- id.

- id.

.77

One or more joint owners or occupiers may be pro-

ceeded against alone

Designation of "owner or "occupier"

Penalty for obstructing execution of Act -

Penalty on occupier obstructing owner

Penalties and expenses recoverable under 11 &

Vict. c. 43

Proceedings not to be quashed for want of form

Appeals under this Act to be to quarter sessions

Forms to be used as in schedule

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As to protection of local authority and its officers

Act not to impair jurisdiction of sewers commis-

sioners or common law remedies for nuisance,

nor jurisdiction of local authority as to the nui-

sances referred to in this Act

Act not to affect navigation of rivers or canals

Saving as to rights of millowners, &c.

Short title

Forms

Order of justices for admission of officer of local au-

thority to inspect private premises

Notice to owner or occupier of entry for examination 80

Summons

Order of justices for removal of nuisances by owner,

Order of justices for removal of nuisances by local

authority

Order to permit execution of works by owners

Summons for non-payment of costs, expenses, or

penalties

Order for payment of costs, expenses, and penalties 85

Warrant of distress

86