SCHEDULE (A.) Notice by Householders. 11 & 12 VICT. c. 123. To the town council of the borough of [or guardians of the poor of the WE, the undersigned inhabitants [or in Scotland householders] of in street in aforesaid [or such other description as may be sufficient to indentify day of one thousand eight hundred and And A. B. C. D. SCHEDULE (B.) Summons to appear. To the owner [or occupier] of a dwelling-house [or building, or of certain premises,] situate at [insert such a description as may be sufficient to identify the premises]. County of [or borough, &c. of or Metropolitan Police District, or as the case may be] WHEREAS complaint hath been made to the undersigned, one of Her Majesty's justices of the peace acting in and for the said county of [or borough, &c., of ], or one of the magistrates of the police courts of the metropolis holden at [or as the case may be], by the town council of the borough of [or as the case may be], that a certain dwelto wit. ling-house [or building] situate at No. in the parish of [or as the case may be] in the county of [or such other description as may be sufficient to identify the premises] is in such a filthy and unwholesome condition as to be a nuisance to or injurious to the health of A. B., or as the case may be, [or that upon certain premises situate at [inserting such a description as may be sufficient to identify the premises] there is a foul and offensive drain, [ditch, gutter, privy, cesspool, or ashpit, or a drain, &c., kept or constructed so as to be a nuisance to A. B., &c., [as the case may be,] or that swine [or an accumulation of dung, manure, offal, filth, refuse, or matter, or as the case may be,] are [or is] kept so as to be injurious to the health of A. B., or of the occupiers of the premises adjoining the premises aforesaid, or of persons living in the neighbourhood of the premises aforesaid, or of persons living in the premises aforesaid, or a nuisance to A. B., &c., as the case may be]. These are therefore to require you to appear before two of Her Majesty's justices of the peace [or one of the magistrates of the police courts of the metropolis, at the court holden at ] on the day of next, at the hour of to answer the matter of the said complaint. day of Given under my hand and seal, this thousand eight hundred and in the year of our Lord one 11 & 12 VICT. c. 123. SCHEDULE (C.) Order for Removal of Nuisances, &c. To the owner [or occupier] of the dwelling-house [or building or premises] as the case may be], and to their servants or agents, and to all whom it may concern. County of [or borough, &c. of or Metropolitan Folice to wit. of of day of WHEREAS on the last complaint was made before the undersigned, or before J. K. esquire, one of Her Majesty's justices of the peace acting in and for the county of [or before the undersigned, or J. K. esquire, one of the magistrates of the police courts of the metropolis, or as the case may be,] by the town council of the borough of the guardians of the poor of the [or by union, or of the parish in the county of ; or, in Scotland, by the procurator fiscal of the county or by the procurator fiscal or dean of guild of the burgh of or by the procurator fiscal of the justices of the peace of the county of or by the inspector of the poor of the parish of as the case may be], that a dwelling-house [or building] situate at No. in street in [the parish or place before mentioned aforesaid, [or such other description as may be sufficient to identify the premises,] then was in such a filthy and unwholesome condition as to be a nuisance [or injurious to the health of] A. B., or as the case may be, [or that upon certain premises situate at [inserting such a description as may be sufficient to identify the premises] there then was a foul and offensive drain, [ditch, gutter, privy, cesspool, or ashpit, or a drain, &c., kept or constructed so as to be a nuisance to A. B. &c., as the case may be], or that upon certain premises, situate, &c., swine, or an accumulation of dung, manure, offal, filth, or refuse, as the case may be, are or is kept so as to be injurious to the health of A. B., or of the occupiers of the premises adjoining the premises first aforesaid, or of persons living in the neighbourhood of the premises first aforesaid, or of persons living in the premises first aforesaid, or so as to be a nuisance to A. B. &c. : And whereas the owner [or occupier] of the said dwelling-house, building, or premises having this day appeared before us, two of Her Majesty's justices of the peace acting in and for the county [or borough] of [or before me, one of the magistrates of the police courts of the metropolis, or, in Scotland, before the sheriff or magistrates or two justices of the peace, as the case may be], to answer the matter of the said complaint [or in case the party charged do not appear: And whereas it hath this day been proved to our [or my] satisfaction, that a true copy of a summons requiring the owner [or occupier] of the said dwelling-house [or building or premises] to appear this day before us [or me] has been duly served according to the statute in such case made and provided], and it having been proved [or also proved, as the case may require,] that the said dwelling-house [or building] is in such a filthy and unwholesome condition as aforesaid [or that upon the premises aforesaid [or first aforesaid] there is a foul and offensive drain [privy, cesspool, or ashpit, or a drain, &c., kept or constructed so as to be a nuisance to A. B., &c, as the case may be], or that upon the premises aforesaid, or first aforesaid, an accumulation of dung, manure, offal, filth, or refuse, or as the case may be, is kept, or a pigstye exists, so as to be injurious to health as aforesaid or so as to be a nuisance to A. B., &c., as the case may be]: We [or I] do hereby, in pursuance of the statute in such case made and provided, order the said owner [or occupier] of the said dwelling-house [or building, or premises, or firstmentioned premises within -hours from the service of this order [or a true copy thereof], according to the statute in such case made and provided, to cleanse [whitewash or purify] the said dwelling-house [or to cleanse, cover, or fill up, or as the case may require, the said drain, [diteh, gutter, privy, cesspool, or ashpit, or otherwise us the case may require], or remove the said pigstye or accumulation of dung, offal, filth, refuse, or matter, as the case may be, so that the same shall not be injurious to health, or a nuisance, as aforesaid]; and if this order be not complied with, then we [or I] authorize and require you the said town council [or guardians of the poor, or, in Scotland, the procurator fiscal of the county of or the procurator fiscal or dean of guild of the burgh of or the procurator of the justices of the peace of the county of or the inspector of the poor of the parish of as the case may be] to enter upon the said dwelling-house, [or building, or premises, or firstmentioned premises,] and to do all such works, matters, and things as may be neces sary for carrying this order into effect, according to the statute in such case made and 11 & 12 VICT. provided. And for your so doing this shall be your sufficient warrant. Given under our hands and seals [or my hand and seal, or, in Scotland, our hands, or my hand], this day of one thousand eight hundred and Signatures. {(L.S.)* (L.S.)* *[In Scotland without seals.] c. 123. County of SCHEDULE (D.) Order to permit Execution of Works by Owners. [or borough, or burgh, or Metropolitan Police District, or as the case may be] to wit. WHEREAS complaint hath been made to me, E. F. esquire, ], by of Given under my hand and seal [or, in Scotland, under my hand] this in the year of our Lord one thousand eight hundred and day *[In Scotland without seal.] ADDITIONAL FORM. Notice of an Intention to examine Premises. E. F. (L.S.)* day of THIS is to give notice, that we the undersigned [according to the nature of the body to whom the notice has been given] having received a notice dated the day of from certain inhabitant householders of the parish of that to the best of their belief a dwellinghouse [as the case may be, following the terms in the notice from the inhabitants,] we shall, on the [some time more than twenty-four hours after the giving of this notice,] by ourselves, our servants or agents, with or without medical or other assistants, enter such premises and examine the same with respect to the matters alleged in such notice, and do all such works, matters, and things as may be necessary for that purpose, pursuant to the provisions of "The Nuisances Removal and Diseases Prevention Act, 1848." Note.-By an Order in Council, bearing date the 28th day of September, 1848, the foregoing Act was put in force throughout the whole of Great Britain. Order of Justices (see "Poor," post, and the various other heads applicable.) Overseers of the Poor (see "Poor," post.) Pauper (see "Poor," post.) Perjury (see "Evidence," "Indictment," ante.) Poor. Abandonment of Order of Removal (see "Order of Removal," post.) Amendment. BY the 11 & 12 Vict. c. 31, sects. 4 & 6, extensive powers are conferred upon the Courts of Quarter Sessions and the Superior Courts to amend defective statements of grounds of removal and appeal, and defective orders of removal in certain cases-(see the statute next head.) Appeal. See "Notice and Grounds of Appeal,” post. 11 & 12 VICT. THE recent statute of the 11 & 12 Vict. c. 31, entitled "An Act to amend c. 31. the Procedure in respect of Orders for the Removal of the Poor in England and Wales, and Appeals therefrom," (passed 22nd July, 1848, and which came into operation on the 1st of August in the same year,) having materially altered the practice in reference to orders of removal and appeals against them, it will be convenient at once to refer to that enactment, wherein, after reciting that the communication now by law required to be made, by the overseers or guardians of any parish seeking to enforce an order for the removal of a poor person to the overseers or guardians of the parish to which such poor person is intended to be removed, of a copy of the examination upon which such order has been made, has been found to produce much expensive and useless litigation upon points of mere form, so that few cases of appeals against such orders are now decided upon the merits: for remedy thereof it is enacted, "that so much of an act passed in the session of Parliament holden in the fourth and fifth years of the reign of His late Majesty King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales," as provides, in cases examination, &c. of orders of removal, that the notice thereby required to be sent by the So much of 4 & 5 Will. 4, Such notice to be accompanied by a statement of grounds of removal instead of copy of examination. overseers or guardians of the parish obtaining the order shall be accompanied by a copy of the examination upon which such order was made, shall be and the same is hereby repealed." Sect. 2. "And be it enacted, that instead thereof such notice shall be accompanied by a statement in writing under the hands of such overseers or such guardians, or any three or more of such guardians, setting forth the grounds of such removal, including the particulars of the settlement or settlements relied upon in support thereof: provided always, that on the hearing of any appeal against any order of removal it shall not be lawful for the respondents to go into or give evidence of any other grounds of removal than those set forth in such statement." c. 31. Sect. 3. "And be it enacted, that the clerk to the justices who shall 11 & 12 VICT. make any order of removal shall keep the depositions upon which such order was made, and shall within seven days furnish a copy of such Copy of deposidepositions to the overseers or guardians as aforesaid of the parish to tions to be which the removal is by such order directed to be made, if such overseers furnished on or such guardians shall apply for such copy, and pay for the same at the application. rate of two-pence for every folio of seventy-two words: provided, that no omission or delay in furnishing such copy of the depositions shall be deemed or construed to be any ground of appeal against the order of removal; provided also, that on the trial of any appeal against an order of removal no such order shall be quashed or set aside, either wholly or in part, on the ground that such depositions do not furnish sufficient evidence to support, or that any matter therein contained or omitted raises, an objection to the order or grounds of removal." ment of grounds Sect. 4. "And whereas a statement of the grounds of removal or of As to the suffiappeal is required to be communicated for the purpose of enabling the ciency of stateparty receiving it to inquire into the subject of such statement, and, if of removal or need be, to prepare for trial; be it therefore enacted, that upon the hear- appeal. ing of any appeal against an order of removal no objection whatever on account of any defect in the form of setting forth any ground of removal or of appeal, in any such statement shall be allowed, and no objection to the reception of legal evidence offered in support of a ground of removal or appeal alleged to be set forth in any such statement shall prevail, unless the court shall be of opinion that such alleged ground is so imperfectly or incorrectly set forth as to be insufficient to enable the party receiving the same to inquire into the subject of such statement, and to prepare for trial: provided always, that in all cases where the court shall Power to amend be of opinion that any such objection to such statement or to the re- grounds of ception of evidence ought to prevail, it shall be lawful for such court, if removal or it shall so think fit, to cause any such statement of grounds of removal appeal. or appeal to be forthwith amended by some officer of the court or otherwise, on such terms as to payment of costs to the other party, or postponing the trial to another day in the same sessions or to the next subsequent sessions, or both payment of costs and postponement, as to such court shall appear just and reasonable." statement of frivolous or appeal liable to Sect. 5. "And be it enacted, that if either of the parties to the said Party making appeal shall have included in the statement of grounds of removal or of vexatious stateappeal sent to the opposite party any ground or grounds of removal ment of grounds or of appeal which shall, in the opinion of the court determining the of removal or appeal, be frivolous and vexatious, such party shall be liable, at the pay costs. discretion of the said court, to pay the whole or any part of the costs incurred by the other party in disputing any such ground or grounds, such costs to be recovered in the same manner as any penalties or forfeitures are recoverable under the said act passed in the session of Parliament holden in the fourth and fifth years of the reign of his late Majesty King William the Fourth." to amend order mistake. Sect. 6. "And be it enacted, that if upon the trial of any appeal against Power for court an order of removal, or upon the return to a writ of certiorari, any objec- of removal on tion shall be made on account of any omission or mistake in the drawing account of up of such order, and it shall be shown to the satisfaction of the court omission or that sufficient grounds were in proof before the magistrates making such order to have authorized the drawing up thereof free from the said omission or mistake, it shall be lawful for the court, upon such terms as to payment of costs as it shall think fit, to amend such order of removal, and to give judgment as if no such omission or mistake had existed: provided always, that no objection on account of any omission or mistake Proviso. in an order of removal brought up upon a return to a writ of certiorari shall be allowed, unless such omission or mistake shall have been specified in the rule for issuing such writ of certiorari." Decisions of Sect. 7. "And be it enacted, that the decision of the court upon the courts upon hearing of any appeal against any order of removal, as well upon the suffi- hearing of appeals final. |