him And whereas it appears to me, E. F., Esquire, one of Her Majesty's justices of the peace in and for the said county [or borough, &c.], as well upon the oath of the said A. B. as otherwise, that the said sum of- hath been duly demanded in writing by him from the said C. D., and that the said hath refused to pay the same for the space of fourteen days after such demand made, and doth refuse to pay the same: And whereas the said C. D. hath been duly summoned to appear before me to show cause why the said sum should not be paid by him, and not having shown to me any sufficient cause why the same should not be paid: These are therefore, in Her Majesty's name, to command you to levy the said sum of- -, and also the sum of the cost of proceeding to obtain this warrant, by distress and sale of the goods and chattels of the said C. D., and your reasonable charges of taking, keeping, and selling the said distress, rendering to him the overplus (if any), on demand; and if sufficient distress cannot be found of the goods and chattels of the said C. D., that then you certify the same to me, together with this warrant, to the end that such further proceedings may be had therein as to the law doth appertain. Given under my hand and seal, the - day of County of SCHEDULE (E.) (a) Form of Conviction. [or Borough, &c.] to wit. BE it remembered, that on the day of—in the of our Lord year A. B. is convicted before me [or us] one [or two] of Her Majesty's justices of the peace in and for the county [or borough, &c.] of [here describe the offence generally, and the time and place when and where committed, in the words of this Act, or as near thereunto as may be,] contrary to the Public Health Act, 1848; and I [or we] do adjudge that the said A. B. hath forfeited for his said offence the sum of [amount of penalty adjudged], and that he do pay to C. D. the further sum ofas and for his costs in this behalf. Given under my hand and seal [or our hands and seals], the day and year first above written. (Signed) (L.S.) (L.S.) SCHEDULE (F.) Form of Order to permit Execution of Works by Owners (b). County of See sect. 130. WHEREAS Complaint hath been made to me, E. F., Esquire, one of Her Majesty's justices (b) See sect. 148, and the form given in the Nuisances Removal Act, 1855, Sched. G. of the peace in and for the county [or borough, &c.] of by A. B., owner within the meaning of the Public Health Act, 1848, of certain premises, to wit, a house [as the case may be] situate in Street [as the case may be] in the parish of in the said county [or borough, &c.], 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. doth prevent the said A. B. from [here describe the works generally, according to circumstances, for instance, thus: constructing and laying down, in connexion with the said house, a covered drain, so as to communicate with a [sewer or drain] of the local board of health of the district of -, or a sewer, &c. which the are local board of health of the district of entitled to use, as the case may require, such sewer being within one hundred feet of the said house]: and whereas the said C. D., having been duly summoned to answer the said complaint, and not having shown sufficient cause against the same, and it appearing to me that the said works are 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. to execute the same in the manner required by the said Act. Given under my hand and seal, this day of- in the year of our Lord One thousand eight hundred and E. F. (L.S.) THE PUBLIC HEALTH ACT, 1858. 21 & 22 VICT. CAP. 97. AN ACT FOR VESTING IN THE PRIVY COUNCIL [2ND AUGUST, 1858.] c. 38. "WHEREAS under an Act of the last session of 20 & 21 Vict. "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 certain powers now "vested in the said general board of health, and "certain other powers for the protection of the "public health:" 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: general health under I. In addition to the powers vested in Her Ma- Powers of jesty's most honourable privy council for the pro- board of tection of the public health, all powers now vested 18 & 19 Vict. in the general board of health under the "Diseases c. 116 added Prevention Act, 1855" (a), shall, upon the discon- the privy (a) See this statute in the Appendix. Sect. 5 requires the L to those of council. |