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local board shall be declared to be private improvement expenses, and be recoverable as such in the manner herein-after provided (f).
[LV. ** And be it enacted (g), that the local board Cleansing of health shall from time to time and at all convenient moral or times provide that all streets within their district,
dust, &c. including the foot pavements thereof, are properly swept, cleansed, and watered, and that all dust, ashes, rubbish, filth, dung, and soil thereon are collected and removed;
And they may make byelaws (h) with respect to the removal by the occupier or (in case of his default) by the said local board of dust, ashes, rubbish, filth, manure, dung, and soil (0) collected, placed, or found in or about any house, stable, cowhouse, street, or place whatsoever, and for preventing the deposit thereof in or by the side of any street, so as to be a nuisance to any person, and with respect to the times and manner of cleansing and emptying waterclosets, privies, and cesspools. **]
LVI. And be it enacted (k), that the local board Local board of health may, in their discretion, provide, in proper places for and convenient situations, boxes or other conve
(f) See sect. 90, post.
(i) These words did not authorize the local board in making a byelaw for the removal of snow. R. v. Mary Wood, 5 E. & B. 49. But see the provision in 21 & 22 Vict. c. 98, 8. 32, which enables them to make byelaws for the prevention of nuisances arising from snow and other matters. Ref.rence also should be made to the Nuisances Removal Act, 1855, in the Appendix, for the powers thereby given for the removal of filth and rubbish from private premises.
(k) The last part of this section is repealed by 21 & 22 Vict. c. 98, s. 32, which makes fresh regulations as to these subjects.
soil, dust, dc. to be provided.
niences for the temporary deposit or collection of dust, ashes, and rubbish,
And also fit buildings and places for the deposit of the sewage, soil, dung, filth, ashes, dust, and rubbish collected by such board (a);
[**And (6) all sewage, soil, dung, filth, ashes, dust, and rubbish so collected by the said local board, or in any convenience provided as aforesaid, shall be vested in and be sold and disposed of by such board, and the proceeds thereof shall be carried to the district fund account hereinafter mentioned ;
And (6) whosoever, without the consent of the said local board, collects or removes any sewage, soil, dung, filth, ashes, dust, or rubbish belonging to them, shall for every such offence be liable to a penalty not exceeding forty shillings. **]
LVII. And be it enacted, that the local board of health may, if they think fit, provide and maintain, in proper and convenient situations, waterclosets, privies, and other similar conveniences for public accommodation, and defray the necessary expenses out of the district rates (c) to be levied under this Act.
LVIII. And be it enacted (d), that the local board of health sball drain, cleanse, cover, or fill up, or cause to be drained, cleansed, covered, or filled up, all ponds, pools, open ditches, sewers, drains,
(a) See further 21 & 22 Vict. c. 98, s. 30, post, as to the power of purchasing depositories for sewage.
(6) These two paragraphs are repealed by 21 & 22 Vict. c. 98, s. 32.
(c) Now out of the general district rate only.
(d) The first part of this section appears to apply to public nuisances, and therefore the board is required to remove them. The second part applies to private nuisances, and with regard to them notice is to be given to the person causing the nui.
and places containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health;
And they shall cause written notice (e) to be given to the person causing any such nuisance, or to the owner or occupier of any premises whereon the same exists, requiring him, within a time to be specified in such notice, to drain, 'cleanse, cover, or fill up any such pond, pool, ditch, sewer, drain, or place, or to construct a proper sewer or drain for the discharge thereof, as the case may require;
And if the person to whom such notice is given fail to comply therewith, the said local board shall execute the works mentioned or referred to therein, and the expenses incurred by them in so doing shall be recoverable by them from him in a summary manner (f), or by order of the said local board shall be declared to be private improvement expenses (9), and be recoverable as such in the manner hereinafter provided :
Provided always, that the said local board may order that the whole or a portion of the expenses incurred in respect of any such last-mentioned works be defrayed out of the special (h) or general sance, or the owner or occupier of the premises, to remove the nuisance, and in his default, the local board are to execute the works, and recover the expenses from such person. It seems that here they have no discretion. Reference may be well made to the Nuisances Removal Act of 1855, 18 & 19 Vict. c. 121, s. 31, in the Appendix.
(e) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, post, as to the service and authentication of notices.
(f) See sect. 129, post. (9) See sect. 90, post.
(h) The special district rates are now abolished by 21 & 22 Vict. c. 98, s. 54, post.
district rates to be levied under this Act, and in case of any such order the whole or such portion of the expenses as may be mentioned therein shall be defrayed and levied accordingly.
LIX. And be it enacted (6), that whosoever keeps any swine or pigstye in any dwelling house,
or so as to be a nuisance to any person, or suffers wa-te water any waste or stagnant water to remain in any to remain in cellar or place within any dwelling house for
twenty-four hours after written notice (c) to him from the local board of health to remove the same, and whosoever allows the contents of any watercloset, privy, or cesspool to overflow or soak therefrom, shall for every such offence be liable to a penalty (d) not exceeding forty shillings, and to a further penalty of five shillings for every day during which the offence is continued;
And the said local board shall (e) abate or cause to be abated every such nuisance, and the expenses incurred by them in so doing shall be repaid to them by the occupier of the premises upon which the same exists, and be recoverable from him in the summary manner hereinafter provided (f);
And if at any time it appear to the inspector of filth, on cer
(6) The provisions contained in the Nuisances Removal Act of 1855, Part II. in the Appendix, will be found to apply to the subjects of this clause.
(c) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices.
(d) See sect. 129, post, as to the recovery of this penalty. The continuance referred to must be after the conviction, otherwise there is no time from which the time is to be calculated.
(@) Here the local board are required to abate. They appear to have no discretion.
(f) Note, that in this case the occupier, and not the owner, is responsible. See sect. 129, post, as to the recovery of the penalty.
nuisances that any accumulation of manure, dung, tificate of soil, or filth, or other offensive or noxious matter nuisances. whatsoever, ought to be removed, he (9) shall give notice to the person to whom the same belongs, or to the occupier of the premises whereon it exists, to remove the same;
And if at the expiration of twenty-four hours after such notice the same be not complied with, the manure, dung, soil, or filth, or matter referred to, shall be vested in and be sold or disposed of by the said local board, and the proceeds thereof shall be carried to the district fund account hereinafter mentioned (h).
two medical practitioner
LX. And be it enacted, that if upon the certifi- Houses to be cate of the officer of health (i) (if any), or of any certiticate of tro medical practitioners (k), it appear to the local health, or of board of health that any house or part thereof is in such a filthy or unwholesome condition that the health of any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any house or part thereof would tend to prevent or check infectious or contagious disease, the said local board shall give notice in writing (1) to the owner or occupier of such house or part
(9) Note, that the inspector is required to give this notice, whereas the local board are to give the notice in the former part of the clause.
(b) A similar provision exists in the Nuisances Removal Act. The expenses of the removal shall be recoverable from the occupier, owner, or person causing the accumulation. 21 & 22 Vict. c. 98, s. 32, No. 5. As to the district fund account see sect. 87, post.
(i) See sect. 40, ante.
(I) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of the notice.