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by whose act or default the nuisance is caused, or by some other person unknown]. Dated this in the year

of our Lord one thousand eight hundred and

day of

[Signed by complainant.]

(18 & 19 Vict. c. 121. s. 41. and Sch. B.)

See Removal of Nuisances, p. 51.

No. 8.

Notice to Owner or Occupier of Entry for Examination.

To the owner [or occupier, as the case may be] of [describe the premises], situate at [insert a description sufficient to identify the premises].

Take notice, that, under the Nuisances Removal Act for England, 1855, the [describe the sanitary authority], in whose district under the said Act the above premises are situate, have received a notice from [name complainant], stating that in or upon the said premises [insert the cause of nuisance as set forth in the notice].

And further take notice that after the expiration of 24 hours from the service of this notice the [sanitary authority] will cause the said premises to be entered and examined under the provisions of the said Act, and if the cause of nuisance aforesaid be found still existing, or, though removed or discontinued, be likely to be repeated, a summons will be issued requiring your attendance to answer a complaint which will be made to the justices for enforcing the removal of the same, and prohibiting a repetition thereof, and for recovering the costs and penalties that may be incurred thereby.

Dated this

day of

of our Lord one thousand eight hundred and

A.B.

in the year

The officer appointed by the [describe the sanitary anthority] to take proceedings under the Nuisances Removal Act for England, 1855. (18 & 19 Vict. c. 121. s. 41. and Sch. C.) See Removal of Nuisances, p. 51.

No. 9.
Summons.

To the owner or occupier of [describe premises] situate at [insert such a description as may be sufficient to identify the premises], or to A.B. of

County of

[or borough of

&c. or district of

or as the case may

be] to wit.

You are required to appear before two of Her
Majesty's justices of the peace [or the sti-
pendiary magistrate] of the county [or other
jurisdiction] of
at the petty

sessions [or court] holden at

on the

day of

at No. of

[or by

next, at the hour of

in the

in the

noon, to answer the complaint this day made to me by on behalf of] [describing the sanitary authority, as the case may be], that in or upon the premises above mentioned [or in or upon certain premises situate street in the parish or such other description or reference as may be sufficient to identify the premises], in their district, under the Public Health Act, 1872, the following nuisance exists. [describing it, as the case may be], and that the said nulsance is caused by the act or default of the occupier [or owner] of the said premises, or by you A.B. [or in case the nuisance be discontinued but likely to be repeated, say, there existed recently, to wit, on or about the day of premises, the following nuisance [describe the nuisance], and that the said nuisance was caused [&c.], and although the same has since the said last-mentioned day been removed or discontinued, there is reasonable ground to consider that the same or the like nuisance is likely to recur on the said premises].

on the

Given under the hand of me, J.B., Esquire, one of Her Majesty's justices of the peace acting in and for the [jurisdiction] stated in the margin, or stipendiary magistrate of in the year of our

this

day of

Lord one thousand eight hundred and (18 & 19 Vict. c. 121. s. 41. and Sch. D.) See Removal of Nuisances, p. 54.

No. 10.

Order of Justices for Removal of Nuisances by Owner, &c. To the owner [or occupier] of [describe the premises] situate [give such description as may be sufficient to identify the premises], or to A.B. of or to [describing the sanitary authority], or to their servants or agents, and to all to whom it may concern.

County of

[or borough, &c. of

or district of

as the case may be].

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complaint was made before

esquire,

one of Her Majesty's justices of the peace acting in and for the connty [or other jurisdiction] stated in the margin, [or as the case may be] by [or by on behalf of] [the sanitary authority, describing them, as the case may be], that in or upon certain premises situate in the district under the Public

at

Health Act, 1872, of the complainants above named, the following nuisance then existed [describing it]; and that the nuisance was caused by the act or default of the owner [or occupier] of the said premises [or was caused by A.B.] (if the nuisance has been removed, say, the following nuisance existed on or about [the day the nuisance was ascertained to exist], and that the said nuisance

was caused, &c. and although the same is now removed, the same cr the like nuisance is likely to recur on the same premises.) And whereas the owner [or occupier] within the meaning of the Nuisances Removal Act for England, 1855, [or the said A.B.,] hath this day appeared before us justices, being two of Her Majesty's justices in and for , sitting in retty sessions at their usual place of meeting [or as the case may be], to answer the matter of the said complaint [or in case the party charged do not appear, say,] And whereas it hath been this day proved to our [or my] satisfaction that a true copy of a summons requiring the owner [or occupier] of the said premises [or the said A.B.] to appear this day before us [or me] hath been duly served according to

the said Act.

Now upon proof here had before us [or me] that the nuisance so complained of doth exist on the said premises, and that the same is caused by the act or default of the owner [or occupier] of the said premises [or by the said A.B.] we [or 1], in pursuance of the said Act, do order the said owner [or occupier, or A. B.] within [specify the time] from the service of this order or a true copy thereof according to the said Act [here specify the works to be done; as, for instance, to cleanse, whitewash, purify, and disinfect the said dwelling house; or, for further instance, to construct a privy or drain, &c.; or, for further instance, to cleanse or to re-cover or to fill up the said cesspool, &c.], so that the same shall no longer be a nuisance or injurious to health as aforesaid.

[And if it appear to the justices that the nuisance is likely to recur on the premises say [And we] [or I] being satisfied that, notwithstanding the said cause or causes of nuisances may be removed under this order, the same is or are likely to recur, do therefore prohibit the said owner [or occupier, or A.B.] from [here insert the matter of the prohibition, as for instance, from using the said house or building for human habitation until the same in our judgment, is rendered fit for that purpose].

And if the above order for abatement be not complied with, [or if the above order of prohibition be infringed,] then we [or I] do authorise and require you the said [sanitary authority, describing them,] from time to time to enter upon the said premises and to do all such works, matters, and things as may be necessary for carrying this order into full execution according to the Act aforesaid.

In case the nuisance were removed before complaint, say, [Now, upon proof here had before us that at or recently before the time of making the said complaint, to wit, on

as aforesaid, the cause of nuisance complained of did exist on the said premises, but that the same hath since been removed, yet, notwithstanding such removal, we [or I] being satisfied that it is likely that the same or the like nuisance will recur on the said premises, do hereby prohibit [order of prohibition]; and if this

31415.

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order of prohibition be infringed, then we [or I] [order on sanitary authority to do works].

Given under the hands and seals of us, two of Her Majesty's justices of the peace in and for

the case may be],

day of

[or as

this

in the year of our

Lord one thousand eight hundred and (18 & 19 Vict. c. 121. s. 41. and Sch. E.)

See Removal of Nuisances, p. 54.

No. 11.

Order of Justices for Removal of Nuisance by Sanitary
Authority.

To the Town Council, &c., as the case may be.

}

County, &c. Whereas [recite complaint of nuisance as in last 5 form].

to wit.

And whereas it hath been now proved to our [or my] satisfaction that such nuisance exists, but that no owner or occupier of the premises, or person causing the nuisance, is known or can be found [as the case may be]: Now we [or I], in pursuance of the said Act do order the said [sanitary authority, describing them] forthwith to [here specify the works to be done]. Given, &c.

(18 & 19 Vict. c. 121. s. 41. and Sch. F.)

See Removal of Nuisances, p. 56.

No. 12.

Order to permit Execution of Works by Owners.

County of
[or borough of
or as the case may be,]
to wit.

borough, &c.] of

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 [or one of Her Majesty's justices

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],

of the peace, as the case may be, of the county of by A.B., owner within the meaning of the Nuisances Removal Act for England, 1855, of certain premises, to wit, a dwellinghouse [or building, or as the case may be], situate at [insert such a description of the premises as may be sufficient to identify them], 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. [here describe the act of prevention generally according to the circumstances; for instance, thus, doth refuse to quit the said house, the same having by the order of justices been declared unfit for human habitation, or doth prevent the said A.B. from cleansing or whitewashing or purifying the said dwelling-house or erecting a privy or drain, or breaking an aperture for venti

lation, or cleansing a drain, ditch, gutter, watercourse, privy, urinal, cesspool, or ashpit which is a nuisance or injurious to health]: And whereas the said C.D. has been summoned to answer the said complaint, and has not shown sufficient cause against the same, and it appears to me that [describe the act or works to be done] is 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. [describe the act or works to be done] in 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

(18 & 19 Vict. c. 121. s. 41. and Sch. G.)

See Legal Proceedings, p. 75.

No. 13.

E.F.

(L.S.)

Summons for Nonpayment of Costs, Expenses, or Penalties.

To

[describe the persons from

whom the costs, expenses, and penalties are due].

County of

or borough of

or district of

to wit.

on

the

by

You are required to appear before two of Her Majesty's justices of the peace [or one of the stipendiary magistrates] of the county [or other jurisdiction] of

day of

petty sessions [or court] holden at
next, at the hour of

[or by

at the

in

noon, to answer the complaint this day made to me on behalf of] [describing the sanitary authority], that the sum of pounds, being costs and expenses incurred by you under and in relation to a certain complaint touching [describe the nuisance], and an order of [describe the person making the order] duly made in pursuance of the Nuisances Removal Act for England, 1855, [if penalties are due, add, and also the sum of being the amount of penalties payable by you for disobedience of the said order], remains unpaid and due from you.

Given under the hand of me, J.P., Esquire, one of Her Majesty's justices of the peace acting in and for the [jurisdiction stated in the margin], [or stipendiary magistrate in the year of our

of

] the

day of

Lord one thousand eight hundred and (18 & 19 Vict. c. 121. s. 41. and Sch. H.) See Removal of Nuisances, p. 57.

To

No. 14.

Order for Payment of Costs, Expenses, and Penalties.

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[name the person on whom the order is made.] Whereas complaint has been made before us [or me] for that [recite cause of complaint.]

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