The words "Lord Lieutenant in Council" shall mean in this Act "Lord the Lord Lieutenant or any Chief Governor or Chief Governors in Lieutenant in Ireland, acting by and with the consent of her Majesty's Privy Council in Ireland. Council." construed with 3. This part of this Act shall be construed as one with the Sewage This part to be Utilization Act, 1865, and the expression, "The Sewage Utilization 28 and 29 Vic., Act, 1865," as used in this or any other Act of Parliament or other c. 75. document, shall mean the said Sewage Utilization Act, 1865, as amended by this Act. [This section, by incorporating the Sewage Utilization Act with this Act, considerably enlarges the powers which were conferred on the Authorities; for instance, the jurisdiction of Boards of Guardians was limited by the Schedule of the Sewage Utilization Act to" any town or village in any Union not included in the above descriptions;" but by the Schedule to this Sanitary Act their jurisdiction is enlarged to "such part of each Union as is not under another Sewer or Nuisance Authority." By a comparison of these two Schedules, the exact enlargement of the powers of the Authorities will be seen.] Sewer 4. Any a Sewer Authority may from time to time, at any Meeting Power to specially convened for the purpose, form one or more Committee or Committees consisting wholly of its own Members,6 or partly of its to form ComAuthority own Members and partly of such other Persons contributing to the mittee of its Rate or Fund out of which the expenses incurred by such authority own menbers are paid, and qualified in such other manner as the Sewer Authority may determine, and may delegate, with or without conditions or restrictions, to any Committee so formed all or any powers of such Sewer Authority, and may from time to time revoke, add to, or alter any powers so given to a Committee. A Committee may elect a Chairman of its Meetings. If no Chairman is elected, or if the Chairman elected is not present at the time appointed for holding the same, the Members present shall choose one of their number to be Chairman of such Meeting. A Committee may meet and adjourn as it thinks proper. The quorum of a Committee shall consist of such number of Members as may be prescribed by the Sewer Authority that appointed it, or, if no number be prescribed, of three Members. Every question at a Meeting shall be determined by a majority of votes of the members present, and voting on that question; and in case of an equal division of votes, the Chairman shall have a second or casting vote. The proceedings of a Committee shall not be invalidated by any vacancy or vacancies amongst its Members. A Sewer Authority may from time to time add to or diminish the number of the Members, or otherwise alter the constitution of any Committee formed by it, or dissolve any Committee. A Committee of the Sewer Authority shall be deemed to be the agents of that Authority, and the appointment of such Committee shall not relieve the Sewer Authority from any obligation imposed on it by Act of Parliament or otherwise.c [Sections 5, 6, and 7 are hardly applicable in Ireland.] by section 56, which provides that the Sewer Authority in Ireland shall be that contained in the first Schedule to this Act. The "Sewer Authority" in Ireland is also invested with powers to execute the Nuisances Removal Acts (sec. 57), to which Part II. of this Sanitary Act relates, and to execute the pow rs conferred on the Local Boards of Health by the English Acts (see secs. 11 and 42); and the powers of all these authorities have finally been transferred to the Urban and Rural Sanitary Authorities by the Public Health Act of 1874. a See sec. 5 of the Nuisances Removal Act, 1855. The power to associate persons not members of the local authority with members of it evidently no longer exists. (See Public Health Act, 1874.) The Public Health Act, 1874, makes no reference to the appointment of committees; but presumably they may be constituted. and others. Formation of Special Drainage District. Appeal against constitution of Special Drainage District. Evidence of Power to drain into swers of Sewer Autho ity. 352 The Sanitary Act, 1866. 5. Where the Sewer Authority of a District is a Vestry, Select Vestry, or other Body of Persons acting by virtue of any Act of Parliament, prescription, custom, or otherwise, as or instead of a Vestry or Select Vestry, it may, by resolution at any Meeting convened for the purpose after twenty-one clear days' notice affixed to the places where parochial notices are usually affixed in its district, form any part of such district into a Special Drainage District for the purposes of the Sewage Utilization Act, and thereupon such Special Drainage District shall, for the purposes of the Sewage Utilization Act, 1865, and the powers therein conferred, be deemed to be a parish in which a rate is levied for the maintenance of the poor, and of which a Vestry is the Sewer Authority; subject, as respects any Meeting of the inhabitants thereof in Vestry, to the Act of the Fiftyeighth Year of the Reign of King George the Third, Chapter Sixtynine, and the Acts amending the same; and any officer or officers who may from time to time be appointed by the Sewer Authority of such Special Drainage District for the purpose shall have within that district all the powers of levying a rate for the purpose of defraying the expense of carrying the said Sewage Utilization Act into effect that they would have if such district were sach parish as aforesaid, and such rate were a rate for the relief of the poor, and they were duly appointed overseers of such parish. 6. Where the Sewer Authority of any place has formed a Special Drainage District in pursuance of this Act, if any number of the inhabitants of such place, not being less than twenty, feel aggrieved by the formation of such District, or desire any modification in its boundaries, they may, by petition in writing under their hands, bring their case under the consideration of one of her Majesty's principal Secretaries of State. and the said Secretary of State may after due investigation annul the formation of the Special Drainage District, or modify its boundaries as he thinks just. 7. A copy of the resolution of a Sewer Authority forming a Special Drainage District shall be published by affixing a Notice thereof to the Church Door of the Parish in which the District is situate, or of the adjoining Parish if there be no Church in the said Parish, and by advertising Notice thereof in some Newspaper published or circulating in the County in which such District is situate; and the production of a Newspaper containing such Advertisement, or a Certificate under the hand of the Clerk or other Officer performing the duties of Clerk for the time being of the Sewer Authority which passed the Resolution forming the District, shall be evidence of the formation of such District, and after the expiration of three months from the date of the resolution forming the District, such District shall be presumed to have been duly formed, and no objection to the formation thereof shall be entertained in any legal proceedings whatever. 8. Any Owner a or Occupier of Premises within the District of a Sewer Authority shall be entitled to cause his drains to empty into Sewers of that Authority, on condition of his giving such Notice as may be required by that Authority of his intention so to do, and of complying with the regulations of that Authority in respect of the mode in which the communications between such Drains and Sewers are to be made, and subject to the control of any person who may be appointed by the Sewer Authority to superintend the making of such a "Owner" in this and the second part of the act has the same meaning, vide $1 and 32 Vic, c. 115, sec. 11. communications: but any person causing any Drain to empty into any Sewer of a Sewer Authority without complying with the provisions of this Section shall incur a penalty not exceeding twenty pounds, and it shall be lawful for the Sewer Authority to close any communication between a Drain and Sewer made in contravention of this Section, and to recover in a summary manner from the person so offending any expenses incurred by them under this Section." 9. Any Owner or Occupier of Premises beyond the limits of the Use of district of a Sewer Authority may cause any sewer or drain from such sewers by premises to communicate with any sewer of the Sewer Authority district. persons beyond upon such terms and conditions as may be agreed upon between such Owner or Occupier and such Sewer Authority, or in case of dispute may, at the option of the owner or occupier, be settled by two Justices or by arbitration, in manner provided by the Public Health Act, 1848, in respect of matters by that Act authorised or directed to be settled by arbitration. a drainage of houses. 10. If a dwelling house within the district of a Sewer Authority is As to the without a drain, or without such drain as is sufficient for effectual drainage, the Sewer Authority may by notice require the owner of such house, within a reasonable time therein specified, to make a sufficient drain emptying into any sewer which the Sewer Authority is entitled to use, and with which the owner is entitled to make a communication, so that such sewer be not more than one hundred feet from the site of the house of such owner; but if no such means of drainage are within that distance, then emptying into such covered cesspool or other place, not being under any house, as the Sewer Authority directs; and if the person on whom such notice is served fails to comply with the same, the Sewer Authority may itself, at the expiration of the time specified in the notice, do the work required,. and the expenses incurred by it in so doing may be recovered from such owner in a summary manner. District of 11. A Sewer Authority within its district shall have the same Supply of powers in relation to the supply of water that a Local Board has water to within its district, and the provisions of the sections hereinafter Sewer mentioned shall apply accordingly in the same manner as if in such Authority. provision "Sewer Authority" were substituted for "Local Board of Health" or" Local Board," and the district in such provisions mentioned were the district of the Sewer Authority and not the district of the Local Board; that is to say, the sections numbered from seventy-five to eighty, both inclusive, of the Public Health Act, 1848, sections fifty-one, fifty-two, and fifty-three of the Local Government Act, 1858, and section twenty of the Local Government Act, 1858, Amendment Act, 1851. The Sewer Authority may, if it think it expedient so to do, provide a supply of water for the use of the inhabitants of the districts by (1.) Digging wells; (2.) Making and maintaining reservoirs; (3.) Doing any other necessary acts; and they may themselves furnish the same, or contract with any other persons or companies to furnish the same: provided always, that no land be purchased or taken under this clause except by agreement or in manner provided by the Local Government Act, 1858.6 It is also provided by sec. 49 of this Act that where a complaint is made to the Lord Lieutenant that a Sewer Authority has made default in providing its district with a proper supply of water, the Lord Lieutenant, on the complaint being proved, may make an order limiting the time for the performance of its duty by the Authority in the mat a See 11 and 12 Vic., c. 63, secs. 123 to 128. Expenses of Sewer Authority in supplying water. Wells, &c., belonging to any place vested in Sewer Authority, &c., 23 and 24 Vic., c. 77, s. 7. 354 The Sanitary Act, 1866. ter of such complaint; and if such duty be not performed within the time so limited, the Lord Lieutenant may appoint some person to perform the same at the cost of the Authority in default. 12. Any expenses incurred by a Sewer Authority in or about the supply of water to its district, and in carrying into effect the provisions herein before in that behalf mentioned, shall be deemed to be expenses incurred by that Authority in carrying into effect the Sewage Utilization Act, 1865, and be payable accordingly.a 13. All property in wells, fountains, and pumps, and powers in relation thereto, vested in the Nuisance Authority by the seventh section of the Act passed in the session of the twenty-third and twentyfourth years of the reign of her present Majesty, chapter seventyseven, shall vest in the Sewer Authority, where the Sewer Authorityb supplies water to its district. Definition of Definition of "Nuisance Authority," Power of Police with respect to nuisances. Sect. 3 of 23 and 24 Vic., PART II. Amendment of the Nuisances Removal Acts. 14. The expression "Nuisances Removal Acts" shall mean the Acts passed in the years following of the reign of her present Majesty; that is to say, the one in the session of the eighteenth and nineteenth years, chapter one hundred and twenty-one, and the other in the session of the twenty-third and twenty-fourth years, chapter seventyseven, as amended by this part of this Act; c and this part of this Act shall be construed as one with the said Acts; and all expenses incurred by a Nuisance Authority in carrying into effect any of the provisions of this part of this Act shall be deemed to be expenses incurred by it in carrying into effect the Nuisances Removal Acts. 15. Nuisance Authority" shall mean any authority empowered to execute the Nuisances Removal Acts. 16. In any place within the jurisdiction of a Nuisance Authority the chief officer of police within that place, by and under the directions of one of her Majesty's principal Secretaries of State, d on its being proved to his satisfaction that the Nuisance Authority has made default in doing its duty, may institute any proceeding which the Nuisance Authority of such place might institute with respect to the removal of nuisances: provided always, that no officer of police shall be at liberty to enter any house or part of a house used as the dwelling of any person without such person's consent, or without the warrant of a justice of the peace, for the purpose of carrying into effect this Act. 17. The third section of the said Act of the session of the twentythird and twenty-fourth years of the reign of her present Majesty, c. 77, repealed. chapter seventy-seven, shall be repealed, and all powers vested in any Highway Board or "Nuisance Removal Committee" under the Nuisance Removal Acts shall determine, and all property belonging to them for the purposes of the said Nuisances Removal Acts shall, subject to any debts or liabilities affecting the same, be transferred to or vested in the Nuisance Authority under the said acts: provided always, that this section shall not extend to any Vestry or District Board under the Act of the session of eighteenth and nineteenth years 18 and 19 Vict., of the reign of her present Majesty, chapter one hundred and twenty, intituled An Act for the better Local Management of the Metropolis, or c. 120. a See Section 6 of the Sewage Utilization Act, 1865, and 37 and 38 Vic., c. 93, sec. 44. b Now Local Sanitary Authority. e See also 26 and 27 Vic., c. 117. d Now Local Government Board. See also 37 and 38 Vic, c. 93, sec. 36. to any committee appointed by such Vestry or District Board for the purpose of carrying into effect the Nuisances Removal Acts or any of them. inhabitants 18. A requisition in writing under the hands of any ten inhabitants Requisition of a place shall, for the purposes of the twenty seventh section of of ten "The Nuisances Removal Act for England, 1855," be deemed to be equivalent equivalent to the certificate of the medical officer or medical prac- to certificate titioners therein mentioned, and the said section shall be enforced of Medical Officer. accordingly. a 19. The word "Nuisances" a under the Nuisance Removal Acts shall Addition to definition of include, nuisance. (1.) Any house or part of a house so over-crowded as to be dangerous or prejudicial to the health of the inmates: (2.) Any factory, workshop, or workplace not already under the operation of any general Act for the Regulation of Factories or Bakehouses, not kept in a cleanly state, or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours. dust, or other impurities generated in the course of the work carried on therein that are a nuisance or dangerous to health, or so over-crowded while work is carried on as to be dangerous or prejudicial to the heal h of those employed therein: (3.) Any fireplace or furnace which does not, as far as practicable, consume the smoke arising from the combustible used in such fireplace or furnace, and is used within the district of a Nuisance Authority for working engines by steam, or in any mill, factory, dye-house, brewery, bakehouse, or gaswork, or in any manufactory or trade process whatsoever. [The following caution has been extensively served by the Nuisance Authority in Dublin, on manufacturers: SIR, I am directed by the Public Health Committee to call your immediate attention to the great nuis ince caused to the inhabitants of the neighbourhood of by the dense volumes of black smoke which issue from the chimney belonging thereto, and to request that this serious inconvenience may be abated without delay. your The Committee wish to point your attention to the provisions of the 29th and 30th Vic., cap. 90, sec. 19, clause 4. and to inform you that the adoption of an efficient system of stoking would not only tend to abate the annoyance, but would cause a considerable saving in the consumption of fuel; results with which such a course has already, in some instances, been attended. I am, Sir, your most obedient servant, Officer of Health Committee.] 4. Any chimney (not being the chimney of a private dwellinghouse) sending forth black smoke in such quantity as to be a nuisance : Provided, first, that in places where at the time of the passing of this Act no enactment is in force compelling fire-places or furnaces to consume their own smoke, the foregoing enactment as to fireplaces and furnaces consuming their own smoke shall not come into operation until the expiration of one year from the date of the passing of this Act: a For definition of nuisance, see Sec. 8, Nuisances Removal Act, 1865. |