Nuisances Removal and Diseases Prevention Acts PART I. And with respect to the Constitution of the Local Authority for the Execution of this Act, the Expenses of its Execution, the Description of Nuisances that may be dealt with under it, and the Powers of Entry for the Purposes of the Act, be it enacted thus: III. The following Bodies shall respectively be the Local Authority to execute this Act in the Districts hereunder stated in England: In any Place within which the Public Health Act is or shall be in force, the Local Board of Health: In any other Place wherein a Council exists or shall exist, the In any Place in which there is no Local Board of Health or In any Place within which there is no such Local Board of In any Place where there is no such Local Board of Health, In any Place in which there is no such Local Board of Health, Inspectors PART I. Constitution of Local Authority, Expenses, Description of Nuisances, and Powers of Entry. The Local Authority to execute this Act in Places as herein stated. PART I. Constitution of Local Authority, Expenses, &c. As to filling up Power to Local Authority to appoint Committees. Nuisances Removal and Diseases Prevention Acts Inspectors for Lighting and Watching, the Guardians and Overseers of the Poor and the Surveyors of the Highways in and for such Place. IV. On any Vacancy in such Nuisances Removal Committee arising from Death, Change of Residence or otherwise, Notice shall be given by the Committee to the Churchwardens, who shall forthwith summon a Meeting of the Vestry, and fill up such Vacancy by Election; and until such Vacancy is filled up, the remaining Members of the Committee may act in all respects as if their Number was complete. V. The Local Authority may appoint any Committee of their own Body to receive Notices, take Proceedings, and in all or certain specified respects execute this Act, whereof Two shall be a Quorum; and such Local Authority, or their Committee, may, in each particular Case, by Order in Writing under the Hand of the Chairman of such Body or Committee, empower any Officer or Person to make Complaints and take Proceedings on their Behalf. VI. In Extra-parochial Places not comprised within the Jurisdiction of any of the Local Authorities aforesaid, and having a Act in Extra- Population of not less than Two hundred Persons, the Local Authority for the Execution of this Act shall be a Nuisances Removal Committee, elected annually by the Householders within the Extra-parochial Place : As to the Execution of this parochial Places. As to defraying executing this The First Election of such Committee shall take place at a Meeting of such Householders summoned for that Purpose by the Churchwardens of the adjacent Place having the largest common Boundary with such Extra-parochial Place; and Subsequent Elections shall be held annually on some Day in Easter Week at Meetings summoned by the Chairman of the Local Authority for the Year preceding: Extra-parochial Places not so comprised as aforesaid, and having a Population of less than Two hundred Persons, shall, for the Purpose of this Act, be attached to and form Part of the adjacent Place having the largest common Boundary with the Extra-parochial Place, and Notice of Vestry Meetings for the Election of a Local Authority under and for the Purposes of this Act shall be given in such Extra-parochial Places, and the Householders within such Places may attend such Vestry Meetings, and vote on such Elections. VII. All Charges and Expenses incurred by the Local Authority in executing this Act, and not recovered, as by this Act provided, may be defrayed as follows; to wit, Out of General District Rates, where the Local Authority is a Out of the Borough Fund or Borough Rate, where the Local or Nuisances Removal and Diseases Prevention Acts Consolidation and Amendment. or Funds administered by the Commissioners of Sewers for the said City and Liberties; Provided always, that in the City of Oxford and Borough of Cambridge such Expenses shall be deemed annual Charges and Expenses of cleansing the Streets of the said City and Borough respectively, and shall be so payable; Out of the Rates levied for Purposes of Improvement under any Improvement Act, where the Local Authority is a Body of Trustees or Commissioners acting in execution of the Powers of such an Act; Out of Highway Rates, or any Fund applicable in aid or in lieu thereof, where the Local Authority is a Highway Board, or a Nuisances Removal Committee; Out of the Rates for Lighting and Watching, where the Local Authority is a Board of Inspectors appointed for Lighting and Watching; And if there be no such Rates or Funds, or if the Local Authority be the Guardians and Surveyors of Highways, then out of the Rates or Funds applicable to the Relief of the Poor of the Parish or Place wherein such Rates or Funds are collected or arise, if such Parish or Place be co-extensive with the District within which the Charges and Expenses are incurred, but if such Parish or Place be now or hereafter shall be partly comprised within and partly without the Limits of a Place where a Local Authority, other than a Highway Board, Nuisance Removal Committee, Inspectors of Watching and Lighting, and Surveyors or Guardians and Surveyors, exists or shall exist, all the Charges and Expenses incurred in the District comprising that Part of the Parish or Place which is excluded from such Limits shall be defrayed out of any Highway Rate or Rates, or any Funds applicable in lieu thereof, collected or raised within the Part so excluded; and if there be more than One Highway Rate collected within such District, the Local Authority shall settle the Proportion in which the respective Parties or Places liable thereto shall bear such Charges and Expenses; and if any Portion of such excluded Part be exempt from such Highway Rate or Rates, then all the Charges and Expenses incurred in the whole of such excluded Part shall be defrayed out of any District Police Rate or other Rate which may by the Act 12 & 13 Vict. Cap. 65. be raised and assessed upon such excluded Part: And when the Local Authority has not Control of such Rates or Funds, the Officer or Person having the Custody or Control thereof shall pay over the Amount to the Local Authority, on the Order of Two Justices, directed to such Officer or Person; and on Neglect or Refusal to pay the Sum specified in such Order for Six Days after the Service thereof, the same may, by Warrant under the Hands of the same or any Two Justices, be levied by Distress and Sale of the Goods PART I. Constitution of Local Authority, Expenses, Description of Nuisances, and Powers of Entry. What are deemed Nuisances under this Act. Power to Local Authority to appoint a Sanitary Inspector, and allow him a Nuisances Removal and Diseases Prevention Acts Goods and Chattels of the Officer or Person in default, and such Levy shall include the Costs of such Distress and Sale: In Extra-parochial Places having a Population of not less than Two hundred Persons, out of a Rate assessed by the Local Authority on all such Property in the Place as would be assessable to Highway Rate if such Rate were levied therein: In Extra-parochial Places having a Population of less than Two hundred Persons, out of a similar Rate assessed by the Surveyor of Highways of the adjacent Place having the largest common Boundary with such Extra-parochial Place: And the Local Authority in the First Case, and the Surveyor of Highways in the Second, may levy and collect the Sums. so assessed, in the same Manner, and with the same Remedies in case of any Default in Payment thereof, and with the same Right of Appeal against the Amount of such Assessment reserved to the Person assessed, as are provided by the Law in force for the Time being with regard to Rates for the Repair of Highways. VIII. The Word "Nuisances" under this Act shall includeAny Premises in such a State as to be a Nuisance or injurious to Health: Any Pool, Ditch, Gutter, Watercourse, Privy, Urinal, Cess- Any Animal so kept as to be a Nuisance or injurious to Any Accumulation or Deposit which is a Nuisance or in- Provided always, that no such Accumulation or Deposit as shall be necessary for the effectual carrying on of any Business or Manufacture shall be punishable as a Nuisance under this Section, when it is proved to the Satisfaction of the Justices that the Accumulation or Deposit has not been kept longer than is necessary for the Purposes of such Business or Manufacture, and that the best available Means have been taken for protecting the Public from Injury to Health thereby. IX. The Local Authority shall, for the Purposes of this Act, appoint or employ, or join with other Local Authorities in appointing or employing, a Sanitary Inspector or Inspectors, and may appoint a convenient Place for his or their Office, and may allow to every such Person, on account of his Employment, a proper Salary. proper Salary or Allowance; and where Local Authorities join in such Appointment or Employment they may apportion among themselves the Payment of such Salary or Allowance: Provided always, that where the Local Authority has already appointed an Officer who executes the Duties of such Inspector under any Improvement Act, it shall not be necessary to appoint any other Inspector under this Act, but the Inspector acting in execution of the Improvement Act shall have all the Powers, Authorities, and Privileges granted to any Inspector appointed under this Act. X. Notice Nuisances Removal and Diseases Prevention Acts Consolidation and Amendment. given to Local Authority, &c. to ground Proceedings. X. Notice of Nuisance may be given to the Local Authority by Notice of Nuiany Person aggrieved thereby, or by any of the following Persons; sances to be the Sanitary Inspector or any paid Officer under the said Local Authority; Two or more Inhabitant Householders of the Parish or Place to which the Notice relates; the Relieving Officer of the Union or Parish; any Constable or any Officer of the Constabulary or Police Force of the District or Place; and in case the Premises be a Common Lodging House, any Person appointed for the Inspection of Common Lodging Houses; and the Local Authority may take Cognizance of any such Nuisance after Entry made as herein-after provided, or in conformity with any Improvement Act under which the Inspector has been appointed. XI. The Local Authority shall have Power of Entry for the following Purposes of this Act, and under the following Conditions: 1. To ground Proceedings. For this Purpose, when they or any of their Officers have reasonable Grounds for believing that a Nuisance exists on any private Premises, Demand may be made by them or their Officer, on any Person having Custody of the Premises, of Admission to inspect the same, at any Hour between Nine in the Morning and Six in the Evening; and if Admission be not granted, any Justice having Jurisdiction in the Place may, on Oath made before him of Belief in the Existence of the Nuisance, and after reasonable Notice of the intended Application to such Justice being given in Writing to the Party on whose Premises the Nuisance is believed to exist, by Order under his Hand, require the Person having the Custody of the Premises to admit the Local Authority or their Officer; and if no Person having Custody of the Premises can be discovered, any such Justice may and shall, on Oath made before him of Belief in the Existence of such Nuisance, and of the Fact that no Person having Custody of the Premises can be discovered, by Order under his Hand authorize the Local Authority or their Officers to enter the Premises between the Hours aforesaid. 2. To examine Premises where Nuisances exist, to ascertain the Course of Drains, and to execute or inspect Works ordered by Justices to be done under this Act. For these Purposes, whenever, under the Provisions of this Act, a Nuisance has been ascertained to exist, or when an Order of Abatement or Prohibition under this Act has been made, or when it becomes necessary to ascertain the Course of a Drain, the Local Authority may enter on the Premises, by themselves or their Officers, between the Hours aforesaid, until the Nuisance shall have been abated, or the Course of the Drain shall have been ascertained, or the Works ordered to be done shall have been completed, as the Case may be. 3. To remove or abate a Nuisance in case of Noncompliance For Power of Entry to Local Authority or their Officer. |
