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Nuisances Removal and Diseases Prevention Acts

Consolidation and Amendment.

] the

of
in the

noon, to answer the Complaint this Day made to me by

[or 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, J.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 Stipe diary Magistrate of

Day of

in the Year of our Lord One thousand eight hundred and

FORM (I.) Order for Payment of Costs, Expenses, and Penalties. Sec. 20. Ο To

[name the Person on whom the Order is made]. County, 8c.

} WHEREAS Complaint has been made before us [or to wit.

me] for that (recite Cause of Complaint.] And whereas the said [naming the Person against whom the Complaint is made] has this Day appeared before us the said Justices Tor before me the 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 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 [or I] do adjudge the said [naming the Person charged] to pay forthwith (or by Instalments of

payable respectively on or before the

] to the said [naming the Person or Local Authority to whom the Costs adjudged are 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

for Expenses in this Behalf, [if Penalties are due, add, and the Sum of

for 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 to

[or if any One of the said Instalments] be not paid within Fourteen Days after the same is due as aforesaid, we [or I] hereby order that the 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

Nuisances Removal and Diseases Prevention Acts

Consolidation and Amendment.

of

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 in the Year of our Lord One thousand eight hundred and

at

in the [County, or as the Case may be,] aforesaid.

FORM (K.)

Warrant of Distress. Sec. 20. To the Constable of

and to all other Peace Officers in the said County (or as the Case may be.] 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 [&c. as in the Order]; and thereupon having considered the Matter of the said Complaint, we (or I] adjudged the said

[set out from Form K. 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

and

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 A.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] Hands and Seal, this Day of

in the Year of our Lord One thousand eight hundred and [County) aforesaid.

A.B. (L.s.)

C.D.

at

in the

FORU

Nuisances Removal and Diseases Prevention Acts Consolidation and

Amendment.

FORM (L.)
Return of Proceedings under Nuisances Removal Act, 1855, by the [name the

Local Authority at length].
From 25th March 1855 to 25th March 1856.

Date of
Notice.

By whom
given.

Nature of
Nuisance.

Proceedings

taken,

Remarks : — With any special

Work done under the Acts, without any Notice.

out

16 April The Inspector Foul Drainage Owner put down Several Houses being in a like

from House. good Drain, on Position, the Highway Surveyor

Summons, with laid down a Sewer in the old

Justices Watercourse, and each House Order.

was charged a proportionate Sum for the same, of which the

highest Sum was 10s. 18 April Two Neigh- Offensive Abated by Local | Renewed once; but Penalty rebours. Cesspool. Authority. covered, and no subsequent

Renewal attempted.

Dated this 26th Day of March 1856. [To be signed by the Chairman

of the Local Authority.]

CA P. CXXII.
An Act to amend the Laws relating to the Construction of
Buildings in the Metropolis and its Neighbourhood.

[14th August 1855.] WHEREAS

it is expedient that the Laws relating to Buildings in the Metropolis and its Neighbourhood should be amended;' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows ; (that is to say,)

PRELIMINARY. I. This Act may be cited for all Purposes as “ The Metro- Short Title. politan Building Act, 1855."

II. This Act shall, except in Cases where it is otherwise Commenceexpressly provided, come into operation on the First Day of ment of Act. January One thousand eight hundred and fifty-six.

III. In the Construction of this Act (if not inconsistent with Interpretation the Context) the following Terms shall have the respective Mean- of certain ings herein-after assigned to them ; (that is to say,)

Terms in this

Act. “ The Treasury” shall mean the Commissioners of Her Majesty's

Treasury :
“ Public Building” shall mean every Building used as a Church,

Chapel, or other Place of Public Worship; also every Build-
ing used for Purposes of public Instruction; also every Build-
ing used as a College, public Hall, Hospital, Theatre, public
18 & 19 VICT.

Concert

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of

Metropolitan Buildings.
Concert Room, public Ball Room, public Lecture Room,

public Exhibition Room, or for any other public Purposes :
“ External Wall” shall apply to every outer Wall or vertical

Enclosure of any Building not being a Party Wall : “Party Wall” shall apply to every Wall used or built in order

to be used as a Separation of any Building from any other Building, with a view to the same being occupied by different

Persons : “Cross Wall” shall apply to every Wall used or built in order

to be used as a Separation of one Part of any Building from another Part of the same Building, such Building being

wholly in One Occupation : “Party Structure” shall include Party Walls, and also Parti

tions, Arches, Floors, and other Structures separating Build-
ings, Stories or Rooms which belong to different Owners,' or
which are approached by distinct Staircases or separate

Entrances from without:
The “Area cvery Building shall be deemed to be the

Superficies of a horizontal Section of such Building made at
the Point of its greatest Surface, including the External
Walls and such Portion of the Party Walls as belong to the
Building, but excluding any attached Building the Height

of which does not exceed the Height of the Ground Story:
“ The Base of the Wall” shall mean the Course immediately

above the Footings : “Owner" shall apply to every Person in possession or receipt

either of the whole or of any Part of the Rents or Profits of any Land or Tenement, or in the Occupation of such Land or Tenement other than as a Tenant from Year to Year or

for any less Term, or as a Tenant at Will : “Builder” shall apply to and include the Master Builder or

other Person employed to execute or who actually executes any Work upon any Building : “District Surveyor" shall mean every such Surveyor who is

appointed in pursuance of this Act, or whose Appointment is
hereby confirmed, and shall include any Deputy or Assistant

Surveyor appointed under this Act :
In all Cases in which the Name of an Officer having local

Jurisdiction in respect of his Office is referred to without
Mention of the Locality to which the Jurisdiction extends,
such Reference is to be understood to indicate the Officer
having Jurisdiction in that place within which is situate the
Building or other Subject Matter or any Part thereof to which

such Reference applies :
“ Person" shall include “a Body Corporate."

LIMITS OF ACT.
IV. This Act shall extend to all Places within the Limits of
the Metropolis as defined by an Act passed in the present Session
of Parliament, intituled An Act for the better local Management
of the Metropolis, and to all other Places to which such last-men-
tioned Act may be extended, unless such Places are, in making such

Extension

Act to extend to all Places within Limits defined by 18 & 19 Vict. c. 120.

Metropolitan Buildings (Part I. Building Regulations).

Extension, expressly excepted from the Operation of this Act ;
but nothing herein contained shall affect the Exercise of any
Powers vested by any Act of Parliament in the Commissioners of
Sewers of the City of London for the Time being.
V. This Act shall be divided into Five Parts :

Division of (1.) The First Part relating to the Regulation and Super- Act.

vision of Buildings :
(2.) The Second Part relating to Dangerous Structures :
(3.) The Third Part relating to Party Structures :
(4.) The Fourth Part relating to Miscellaneous Provisions :
(5.) The Fifth Part relating to the Repeal of former Acts, and
to temporary Provisions.

PART I.
PART I.

Regulation and REGULATION AND SUPERVISION OF BUILDINGS. Supervision of

Buildings. VI. The following Buildings and Works shall be exempt from the Operation of the First Part of this Act:

Buildings, &c. Bridges, Piers, Jetties, Embankment Walls, Retaining Walls, herein named and Wharf or Quay Walls :

exempt from Her Majesty's Royal Palaces, and any Building in the Pos- Part I, of this

Operation of session of Her Majesty, Her Heirs and Successors, or Act.

employed for Her Majesty's Use or Service:
Common Gaols, Prisons, Houses of Correction, and Places of

Confinement under the Inspection of the Inspectors of
Prisons, and Bethlehem Hospital, and the House of Occu-

pations adjoining :
The Mansion House, Guildhall, and Royal Exchange of the

City of London :
The Offices and Buildings of the Governor and Company of

the Bank of England already erected, and which now form
the Edifice called “ The Bank of England,and any Offices
and Buildings hereafter to be erected for the Use of the
said Governor and Company, either on the Site of or in

addition to and in connexion with the said Edifice :
The Buildings of the British Museum :
The Offices and Buildings of the Honourable East India

Company already erected, and any Offices or Buildings
hereafter to be erected, for the Use of the said Company,
on the Site of or in addition to such existing Offices and

Buildings :
Greenwich Hospital and the Buildings in the Parish of

Greenwich vested in the Commissioners of Greenwich
Hospital for the Purposes of the said Hospital :
All County Lunatic Asylums, Sessions Houses, and other

public Buildings belonging to or occupied by the Justices
of the Peace of the County or City in which the same are

situated :
The Erections and Buildings authorized by an Act passed in

the Ninth Year of the Reign of His late Majesty King
George the Fourth, for the Purposes of a Market in Covent
Garden :
Y y 2

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