Order to permit execution of works by owners (sched. F). 5 & 6 Will. 4, c. 50. charges of taking, keeping and selling the said distress, rendering to him the (Signed) E. F. (L S.) There is no remedy provided in default of distress, and the 11 & 12 Vict. c. 43, s. 22, cannot be applied, as no order for payment is made. Vide note (b), ante, p. 11. Appeal against Rates.] This is the same, as in Note 84 a, ante, p. 131. Occupier preventing Execution of Works.] By sect. 148, if the occupier of any premises prevent the owner thereof from obeying or carrying into effect the provisions of this act, any justice to whom application is made in this behalf shall, by order in writing (Form, sched. (F), or to like effect), require such occupier to permit the execution of the works required to be executed, provided that the same appear to such justice to be such as are necessary for the purpose of obeying or carrying into effect the provisions of this act (ƒ). County of [or "borough," &c] to wit. Whereas complaint hath been made to me, E. F., esquire, one of her Majesty's justices 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 connection 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 local board of health of the district of are 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 184—. See title "Nuisances," post. HIGHWAYS. E. F. (L.S.) Removing Nuisances.] If timber, soil, rubbish, &c. or other matter or thing, be laid on a highway so as to be a nuisance, and shall not, after notice by the surveyor, be forthwith removed, it shall be lawful for the surveyor, by order in writing from one justice, to clear the highway by removing the timber, and to sell same, &c.; if insufficient to defray the expense of removal, the person who deposited same to pay the same, and which may be levied as penalties (s. 73). See post," Nuisances,” &c. (f) For refusing to comply, see Offence 30 under this title, ante, p. 134. Impounding Cattle.] Charges to be settled by two justices, not exceeding 1s. for each beast, and not exceeding 20s. altogether above the expense of impounding and keeping the same (s. 74). Widening.] Two justices upon view may order highway to be widened and enlarged, &c. (s. 82). Forms of order, consent of owner, and certificate of justices to quarter sessions are given. Diverting, &c.] Two justices to view on request of surveyor (s. 84). Surveyor then to fix a notice [in form given] at ends, &c. of highway proposed to be diverted, turned, or stopped up, in newspaper for four successive weeks after view, and on church door for four successive Sundays. Proof on oath of posting notices, with plan, verified by a surveyor, of old and proposed new highway, to be made before the same justices, who are then to certify [no form given] the fact of their view, &c. The same proof, plan and certificate [on parchment], to be lodged with the clerk of the peace for the quarter sessions to be holden next after the expiration of four weeks therefrom (s. 85). Ten clear days' notice of appeal against justices' certificate (s. 88). After road made under order of quarter ses. sions, two justices of the division to view same, and certify under their hands and seals that the road is made in conformity with the order, and in good condition and repair; such certificate is to be returned to the clerk of the peace, and by him inrolled amongst the records of the court of quarter sessions next after the order shall have been made (s. 91). Allowance of Rate.] By two justices (s. 27). The form of allowance is the same as for a poor's rate, title "Poor," post, p. 411. Officers not accounting, &c.] The amount due may be recovered by distress of two justices, after a previous summons (s.38). The Offence 19, ante, p. 138, does not however come within the operation of the 11 & 12 Vict. c. 43, as was supposed when that portion of the work was printed, no order of payment being necessary before the distress warrant issues. By sect. 117 of the Public Health Act (1848), 11 & 12 Vict. c. 63, the local board of health within the limits of their district shall, exclusively of any other person whatsoever, execute the office of and be surveyor of highways. INCLOSURES. Declaration of valuer before acting to be made before any justice (s. 38). 8 & 9 Vict. Certificate of public roads and ways set out being sufficiently formed c. 118. and completed, to be by two or more justices for the county, &c. in which lands to be inclosed shall be situate (s. 67). Recovery of penalties imposed by commissioners or assistant commissioner before any two justices of the county not interested (s. 159). See 3 & 4 Will. 4, c. 35, s. 1, as to remedy for rates for the purposes of setting out and making roads, &c. The LANDLORD AND TENANT. recovery of possession of tenements, under the 1 & 2 Vict. c. 74, 11 Geo. 2, c. 19. 3 & 4 Vict. c. 110 (a). before justices in petty sessions, where the rent is not exceeding 201. per annum, seems to be taken away by the 9 & 10 Vict. c. 95, s. 122 (Small Debts Act), and under the latter act the remedy may be resorted to in all cases where the rent does not exceed 501. a year, and a warrant of possession issues immediately; but in proceedings before justices it could not be executed till twenty one days after, and not more than thirty clear days from, its date. See s. 6, and 11 J. P. 524. Deserted Premises.] 11 Geo. 2, c. 19, and 57 Geo. 3, c. 52. See 2 Arch. J. P. p. 49. Fraudulent Removal.] Goods may be seized within thirty days after removal, oath being first made to a justice having jurisdiction before entering a dwellinghouse by force to seize them (ss. 1, 2, 7). It is usual to grant a warrant to the constables to aid and assist. The form may be: To all constables and other her Majesty's officers of the peace whom these may concern. Whereas C. D., of hath this day of exhibited his to wit. complaint and made oath before me the undersigned, one of her Majesty's justices of the peace for the said county of C., that certain goods and chattels of A. B. have been within thirty days last past fraudulently and clandestinely conveyed and carried away from situate and being in the parish of D., in the said county of C., by the said A. B., his servant or servants, agent or agents, or other person or persons aiding or assisting therein to prevent the said C. D. from distraining the said goods and chattels for arrears of rent due from the said A. B. to the said C. D. for the said - And that the said goods and chattels are put, placed, and kept in the house, barn, stable, outhouse, yard, close or other place of E. F., situate and being in —, in the parish of L, within the said county of C., locked, fastened or otherwise secured, so as to prevent the said goods and chattels from being taken and seized as a distress for arrears of rent; and that the said C. D. hath a reasonable ground to suspect and doth suspect that the said goods and chattels are in the said house, barn, stable, outhouse, yard, close or other place of E. F.: These are therefore to command you, and each and every of you, to aid and assist the said C. D., his steward, bailiff, receiver, or other person or persons empowered to take and seize as a distress for rent the said goods and chattels, in the day time to break open and enter into the said house, barn, stable, outhouse, yard, close or other place of the said E. F. at aforesaid, and to take and seize the said goods and chattels for the said arrears of rent, according to law. Given under my hand and seal at this day of A.D. 184 LIGHTING AND WATCHING ACT. See "Constables," &c. LOAN SOCIETIES. Recovery of Notes not exceeding £15.] One justice may grant a summons, and award sum due to be paid to treasurer, with costs not exceeding 5s., to be levied by distress (s. 16); the proceeding in default of distress may be under 11 & 12 Vict. c. 43, s. 22. Forms of summons and dis (a) This statute, originally intended to be in operation for a year, has each session been continued; and in the last (11 & 12 Vict. c. 64), it is continued till the 1st of October, 1849. tress warrant are given by the statute. The rules of the society are to be certified, inrolled, and confirmed as friendly societies, before the passing of 4 & 5 Will. 4, c. 40 (see ss. 4, 5, 7). LUNATICS (REMOVAL OF). c. 126. Lunatic Paupers.] Medical officer of parish or union to give written 8 & 9 Vict. notice, within three days after obtaining knowledge that any person chargeable to such parish or union is deemed to be lunatic, to overseers, or if in an union, to relieving officer. Overseers or relieving officer to give like notice to a justice of the county or borough, who is thereupon to grant an order requiring the overseers or relieving officer to bring such person before him, or some other justice, within three days from the time of such notice being given to such justice. The justice is to call in a medical practitioner, and examine the person. If the justice is satisfied that the person is lunatic, and the medical practitioner (not being the medical officer of the union or parish) certifies according to the form in sched. E, No. 1, that the person is a lunatic, idiot, or insane person, or a person of unsound mind, the justice may by order (Form E) direct the person to be received into the asylum of the county or borough, or if no asylum, or it be full, then into some licensed house (s. 48). Lunatic may be examined at home by a justice, or clergyman of the parish, if ill, &c. and like order made by a justice or clergyman with the overseer or relieving officer. Order may be suspended (s. 48). By 9 & 10 Vict. c. 84, s. 1, it is declared that it is not incumbent on the justice or clergyman to sign an order for reception of a lunatic in all cases where the medical practitioner certifies, but to satisfy himself of the propriety of confining the lunatic, unless a like medical certificate from the medical officer of the union is also given that such lunatic ought to be confined. Wandering Lunatics, and Lunatics not chargeable, but not under proper care.] Overseer or relieving officer to apprehend wandering lunatics, and take them before a justice (8 & 9 Vict. c. 126, s. 49). Overseer or relieving officer, having knowledge that any person deemed to be a lunatic, not being chargeable, and under the care of a relative, &c., is neglected or cruelly treated, to give notice on oath within three days to a justice, who shall give an order under his hand and seal to bring such lunatic before him and some other justice (s. 49). In either case the person is to be examined, and a certificate given by a medical practitioner, as in the case of a lunatic pauper. If satisfied that the person is a lunatic, &c., the like order of removal to be made to asylum (Form (E 1)), Two justices to make it, where the lunatic is not chargeable; one where a wandering lunatic (s. 49). Lunatic may be examined at home if ill, &c., and like order made by one or two justices as the case may require (s. 49). Charges.] Justices may make an order on treasurer of guardians of union, or overseers, for charges of examination, removal, lodging, main 8 & 9 Vict. c. 100. 1 & 2 Vict. c. 14. 3 & 4 Vict. c. 54. tenance, clothing, medicine and care of any such lunatic; and where the lunatic has property, the justice or justices, or visiting justices of asylum, may apply to relative or friend for payment; if not paid, to make an order upon the property (s. 49). Settlement.] Two justices may inquire into the settlement of a lunatic pauper, and adjudge the same by order (s. 58). Maintenance.] Justices to make an order upon the officers of unions and parishes for maintenance of lunatics (s. 61). If lunatic adjudged to belong to some other parish than that from which he was removed, justices to make order upon such other parish, or the union to which it belongs, for his maintenance. Appeal against the order (s. 62). If it be ascertained that he is chargeable to a county, justices to make an order upon the treasurer of such county for his maintenance, and for reimbursement (s. 63). The like provision for reimbursement to a county, if adjudged to belong to a parish (s. 64). This act mainly applies to private lunatic patients, the appointment of the commissioners and regulation of houses, and the 8 & 9 Vict. c. 126, to the duties of justices. Persons not paupers are not to be received into any asylum except by an order from a relative, &c., and certificates of two medical practitioners (s. 45); under special circumstances one medical certificate only necessary (s. 47). Paupers not to be received except by an order (Form (D)) of one justice or clergyman, with overseer or relieving officer, dated not more than seven days previous to reception, accompanied by a certificate of a medical practitioner (not of union) (s. 48). None of the provisions of the 11 & 12 Vict. c. 43, can be applied to proceedings under the above acts (s. 35, ante, p. 2, note (e)). Criminal Lunatics.] By s. 2, if any person shall be discovered and apprehended under circumstances that denote a derangement of mind and a purpose of committing some crime, for which, if committed, he would be liable to be indicted, two justices of the county, &c. may call to their assistance a medical man, and if person deemed insane or a dangerous idiot, they may order him to be conveyed to an asylum. Justices to inquire into his settlement, and make order on parish for maintenance; if settlement cannot be ascertained, then upon the treasurer of the county. Insane Prisoners.] By s. 1, if any person, while imprisoned in any prison, under sentence of death, transportation or imprisonment, or under a charge of any offence, or for not finding bail for good behaviour or to keep the peace, or to answer a criminal charge, or in consequence of any summary conviction or order, or under any other than civil process, shall appear to be insane, two justices of the county may inquire as to his insanity; if certified by such justices to secretary of state that he is insane, he is to grant a warrant for his removal to a lunatic asylum. By s. 2, justices are to inquire into the settlement of such prisoner, |