or injurious to health, or an accumulation of a nuisance or injurious to health, etc., or swine so kept as to be a nuisance or injurious to health]; and that such nuisance is caused by [naming the person by whose act or default the nuisance is caused, or by some person unknown]. Dated this day of eight hundred and in the year of our Lord One thousand [Signed by Complainant under sect. 10.] FORM (C). Notice to Owner or Occupier of Entry for Examination. To the owner [or occupier, as the case may be] of [describe the premises situate at] [insert a description sufficient to identify the premises.] Take notice, that under the Nuisances Removal Act for England, 1855, the [local authority, naming it] in whose district under the said Act the above premises are situate, have received a notice from [name of complainant], stating that in or upon the said premises [insert the cause of nuisance as set forth in the notice]. And further take notice, that after the expiration of twenty-four hours from the service of this notice the [local authority] will cause the said premises to be entered and examined under the provisions of the said Act, and if the cause of nuisance aforesaid be found still existing, or, though removed or discontinued, be likely to be repeated, a summons will be issued requiring your attendance to answer a complaint which will be made to the justices for enforcing the removal of the same, and prohibiting a repetition thereof, and for recovering the costs and penalties that may be incurred thereby. Dated this eight hundred and day of in the year of our Lord One thousand FORM (D). Summons. To the owner or occupier of [describe premises] situate at [insert such a description as may be sufficient to identify the premises], or to A. B. of County of borough of or district of , [or etc., or as the case may be,ĺ to wit. [or Court] holden at of by in the noon, to answer the complaint this day made to me on behalf] of [naming the local authority, as the case may be], that in or upon the premises above mentioned [or in or upon certain premises situate at No. or such other description or reference as may be sufficient to identify the premises], in their district, under the Nuisances Removal Act for England, 1855, the following nuisance exists [describing it, as the case may be], and that the said nuisance is caused by the act or default of the occupier [or owner] of the said premises, or by you A. B. [or in case the nuisance be discontinued, but likely to be repeated, say there existed re day of cently, to wit, on or about the Given under the hand of me, J. P., esquire, one of Her Majesty's this in the year of our Lord One thousand eight FORM (E). Order of Justices for Removal of Nuisances by Owner, etc. To the owner [or occupier] of [describe the premises] situate [give such description as may be sufficient to identify the premises], or to A. B. ef or to [giving name of the local authority], or to their servants or agents, and to whom it may concern. County of borough, etc., of or district of at [or] WHEREAS on the or day of complaint was esquire, one of Her Majesty's justices of the peace acting in and for the county as the case may be] [or other jurisdiction] stated in the margin, or before the undersigned, one of the magistrates of the Police Courts of the metro polis, [or as the case may be,] by [or by on behalf of (the local autho rity, naming it, as the case may be)] that in or upon certain premises situate in the district under the Nuisances Removal Act for England, 1855, of the complaints above named, the following nuisance existed [describing it]; and that the said nuisance was caused by the act or default of the owner [or occupier] of the said premises [or was caused by A. B.. (If the nuisance have been removed, say, the following nuisance existed on or about [the day the nuisance was ascertained to exist], and that the sail nuisance was caused, etc., and although the same is now removed, the same or the like nuisance is likely to recur on the said premises.) 9 And whereas the owner [or occupier] within the meaning of the said Nuisances Removal Act, 1855 [or the said A. B.] hath this day appeared before us justices, being two of Her Majesty's justices in and for , sitting in petty sessions at their usual place of meeting [or before me, the said magistrate of the Police Courts of the metropolis, or as the case may be, to answer the matter of the said complaint [or in case the party charged do n appear, say, And whereas it hath been this day proved to our [or my] saus faction that a true copy of a summons requiring the owner [or occupier] of the said premises [or the said A. B.] to appear this day before us [or me] hath been duly served according to the said Act: Now upon proof here had before us [or me] that the nuisance so com plained of doth exist on the said premises, and that the same is caused by the act or default of the owner [or occupier] of the said premises [or by the said A. B.], we [or I] in pursuance of the said Act, do order the said owner [or occupier, or A. B.] within [specify the time] from the service of this order or a true copy thereof according to the said Act [here specify the works to be done, as for instance, to cleanse, whitewash, purify and disinfect the said dwelling-house; or, for further instance, to construct a privy drain, etc.; or, for further instance, to cleanse, or to cover, or to fill up the said cesspool, etc.], so that the same shall no longer be a nuisance of injurious to health as aforesaid. [And if it appear to the justices that the nuisance is likely to recur on the premises say, And we [ or I] being satisfied that, notwithstanding the same cause or causes of nuisances may be removed under this order, the same is or are likely to recur, do therefore prohibit the said owner [or occupier, er A. B.], from [here insert the matter of the prohibition, as, for instance, from using the said house or building for human habitation until the same, in our judgment, is rendered fit for that purpose]. And if the above order for abatement be not complied with [or if the above order of prohibition be infringed], then we [or I] do authorize and require you the said [local authority, naming it] from time to time to enter upon the said premises, and to do all such works, matters, and things as may be necessary for carrying this order into full execution according to the Act aforesaid. In case the nuisance were removed before complaint, say, [Now, upon proof here had before us that at or recently before the time of making the said complaint, to wit, on as aforesaid, the cause of nuisance complained of did exist on the said premises, but that the same hath since been removed, yet, notwithstanding such removal, we [or I] being satisfied that it is likely that the same or the like nuisance will recur on the said premises, do hereby prohibit [order of prohibition]; and if this order of prohibition be infringed, then we [or I] [order on local authority to do works]. Given under the hands and seals of us, two of Her Majesty's justices this day of year of our Lord One thousand eight hundred and in the FORM (F). Order of Justices for Removal of Nuisance by Local authority. may be : And whereas it hath been now proved to our [or my] satisfaction that such nuisance exists, but that no owner or occupier of the premises, or person causing the nuisance, is known or can be found [as the case Now we [or IJ, in pursuance of the said Act, do order the said [local authority, naming it] forthwith to [here specify the work to be done]. Given, etc. FORM (G). County of or in the Order to permit Execution of Works by Owners. [or borough) Whereas complaint hath been made to me, or metropolitan | E. F., esquire, one of Her Majesty's juspolice district, or as the case tices of the peace in and for the county may be, to wit. [or borough, etc.] of [or one of the magistrates of the Police Courts of the metropolis, or as the case may be, or one of Her Majesty's justices of the peace, as the case may be, of the county of ], by A. B., owner within the meaning of the "Nuisances Removal Act for England, 1855," of certain premises, to wit, a dwelling-house [or building, or as the case may be], situate at [insert such a description of the premises as may be sufficient to identify them], in the parish of said county [or borough, etc.], that C. D., the occupier of the said premises, doth prevent the said A. B. from obeying and carrying into effect the provisions of the said Act, in this, to wit, that he the said C. D. [here describe the act of prevention generally according to the circumstances; for instance thus, doth refuse to quit the said house, the same having by the order of justices been declared unfit for human habitation, or doth prevent the said A. B. from cleansing or whitewashing or purifying the said dwelling-house, or erecting a privy or drain, or breaking an aperture for ventilation, or cleansing a drain, ditch, gutter, watercourse, privy, urinal, cesspool, or ashpit which is a nuisance or injurious to health]. And whereas the said C. D. has been summoned to answer the said complaint, and has not shown sufficient cause against the same, and it appears to me that [describe the ad or work to be done] is necessary for the purpose of enabling the said A, B. to obey and carry into effect the provisions of the said Act, I do hereby order that the said C. D. do permit the said A. B. [describe the act or works to be done] in manner required by the said Act. Given under my hand and seal, this our Lord One thousand eight hundred and day of in the year of E. F. (L. S.) FORM (H). Το Summons for Non-payment of Costs, Expenses, or Penalties. Sect. 20. [describe the person from whom the costs, expenses, and penalties are County of borough of or district of to wit. [or county [or other jurisdiction] of at on the due]. in the or by You are required to appear before two of Her Majesty's justices of the peace [or one of the magistrates of the Police Courts of the metropolis, or the stipendiary magistrates] of the at the petty sessions [or Court] holden day of next, at the hour of noon, to answer the complaint this day made to me by on behalf of [naming the local authority], that the sum of pounds, being costs and expenses incurred by you under and in relation to a certain complaint touching [describe the nuisance], and an order of [describe the person making the order], duly made in pursuance of the Nuisances Removal Act for England, 1855 [if penalties are due, add, and also the sum of being the amount of penalties payable by you for disobedience of the said order], remains unpaid and due from you. Given under the hand of me, 7. P., esquire, one of Her Majesty's justices of the peace acting in and for the [jurisdiction stated in the margin] [or one of the magistrates of the Police Courts of the metropolis, or stipen diary magistrate of in the year of our Lord One thousand eight hundred and Το Order for Payment of Costs, Expenses, and Penalties. Sect. 20. County, etc., to wit. the And whereas the said [naming the person against whom the complaint is made] has this day appeared before us the said justices [or before me said magistrate of the Police Courts of the metropolis, or as the case may be to answer this matter of the said complaint [or, in case the party charged do not appear, say :] And whereas it has been this day satisfactorily proved to us [or me] that a true copy of the summons requiring the said [naming the person charged] to appear before us [or me] this day hath been duly served according to the said Act: Now, having heard the matter of the said complaint, we [er] do adjudge the said [naming the person charged] to pay forthwith [er by payable respectively on or before the to the said [naming the person or local authority to whom the costs adjudged an payable], the sum of for costs in this behalf and to [naming the person or authority to whom the expenses are payable] the sum of expenses in this behalf [if penalties are due, add, and the sum of penalties incurred in relation to the premises], together with the sum of being the charges attending the application for this order, and proceedings thereon; and if the said several sums, amounting in the whole [or if any one of the said instalments], be not paid within four teen days after the same is due as aforesaid, we [or I] hereby order that the to for for same be levied by distress and sale of the goods and chattels of the said and in default of sufficient distress in that behalf adjudge the said to be imprisoned in the common gaol [or house of correction, as the case may be] at in the said county [or as the case may be], for the space of such time not exceeding three calendar months, as the justices may think fit, unless the said several sums [or sum], and all costs and charges of the said distress [and of the commitment and carrying of the said to the said house of correction or common gaol, [or as the case may be], shall be sooner paid. Given under our [or my] hands, this day of year of our Lord One thousand eight hundred and [county, or as the case may be] aforesaid. and to other peace officers in the said county [or as the case may be]. and Whereas on last past, complaint was made before the undersigned, two of Her Majesty's justices of the peace in and for the said county of [or as the case may be] [or a magistrate of the Police Courts of the metropolis, or stipendiary magistrate, as the case may be] for that [etc., as in the order], and thereupon having considered the matter of the said complaint, we [or 1] adjudged the said [set out from Form (1), the adjudication of payment, and the order for distress and for imprisonment in default of distress:] And whereas the time in and by the said order appointed for the payment of the said several sums of hath elapsed, but the said hath not paid the same or any part thereof within fourteen days after the date fixed by the order for such payment, but therein hath made default; these are therefore to command you in Her Majesty's name forthwith to make distress of the goods and chattels of the said .4. B.; and if within the space of days after the making of such distress the said last mentioned sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale over to the clerk of the justices of the peace for the division of in the said [county, or as the case may be], that he may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said ; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under our [or my] hand and seal, this year of our Lord One thousand eight hundred and in the [county] aforesaid. day of in the at An Act for vesting in the Privy Council certain Powers for the Protection of the Public Health. (1) [2nd August, 1858.] WHEREAS under an Act of the last session of Parliament, chapter thirty-eight, the General Board of Health stands continued only until the first day of September, One thousand eight hundred and fifty-eight; and whereas it is expedient to vest in the Privy Council (1) See 34 & 35 Vict. c. 70. |