take lands or premises for any of the purposes of those Acts. (29 & 30 Vict. c. 90. s. 47.)

Expenses of the Local Government Board.

All costs and expenses incurred by the Local Government Board in relation to the provisional order become, to the amount the Treasury think proper to direct, a charge upon the rates levied in the district to which the order relates, and must be repaid to the Treasury by annual instalments not exceeding 5, together with interest at 5 per cent. computed from the date of such last-mentioned order, upon so much of the principal sum due in respect of the costs and expenses as may from time to time remain unpaid. (21 & 22 Vict. c. 98. s. 75. (7.).)

See also Powers of the Local Government Board, p. 105.

Interpretation of Terms in the Lands Clauses Act.

In the construction of the Lands Clauses Consolidation Act, for the purposes of a provisional order under the Local Government Act, 1858, conferring powers for the taking of land otherwise than by agreement, the term "Special Act" means the Act confirming the order, and "the date of the passing of the special Act" means the date of the passing of the Act confirming the order. (24 & 25 Vict. c. 61. s. 18.)

LEGAL PROCEEDINGS.

Incorporation and Name of Sanitary Authority.

The sanitary authority are a body corporate designated by the name they usually bear or adopt, with power to sue and be sued in that name, and to hold lands for the purposes of the several Acts conferring powers on them without any license in mortmain. (29 & 30 Vict. c. 90. s. 46.)

Appearance in Legal Proceedings.

The sanitary authority may appear before any justices, or in any legal proceeding, by their clerk or by any officer or member authorised generally, or in respect of any special proceeding, by resolution of the authority. (29 & 30 Vict. c. 90. s. 48.)

Legal Status of Sanitary Authority.

Subject to the provisions of the Public Health Act, 1872, the sanitary authority, as respects the service of notices in pursuance of the Sanitary Acts,* by or on behalf of, or on such authority, and as respects all legal proceedings and things to be taken or done in pursuance of the Sanitary Acts, by or on behalf of or to them, stand in the same position in which previously to the passing of the Act, any authority stood whose powers and obligations are transferred to them.

For this purpose a joint board are deemed a sanitary authority. (35 & 36 Vict. c. 79. s. 53.)

See Combination of Authorities and Union of Districts, p. 8.

*

Local Acts.

Where in a sanitary district a local Act is in force, providing for objects similar to the objects of any enactment of the Sanitary Acts, proceedings may be instituted at the discretion of the authority or person instituting them, either under the local Act or the Sanitary Acts, subject to these qualifications:

(1.) No person can be punished for the same offence both under a local Act and the Sanitary Acts;

(2.) The sanitary authority is not exempted by a local Act in force within its jurisdiction from the performance of any duty to which it may be subject under any of the Sanitary Acts. (35 & 36 Vict. c. 79. s. 55.)

Powers of Entry.

In case it is necessary to enter, examine, or lay open any lands or premises for the purpose of making plans, surveying, examin

*For definition, see p. 12.

ing works, ascertaining the course of sewers or drains, or ascertaining boundaries, or for keeping in repair works made by the sanitary authority, and the owner or occupier of the lands or premises refuses to permit them to be entered upon, examined, or laid open, the sanitary authority may, upon notice to such owner or occupier, apply to two justices for an order authorising the sanitary authority, and the superintending inspector, surveyor, and inspector of nuisances, or any of them, to enter, examine, and lay open the lands and premises.

If no sufficient cause is shown against it the justices may make an order authorising the same. Any superintending inspector, the sanitary authority, or any member thereof, the surveyor and inspector of nuisances, and any person authorised by any of these authorities, may, then at all reasonable times between 10 a.m. and 4 p.m., enter, examine, or lay open the lands or premises mentioned in the order, for the purposes specified in the order, without being subject to any action or molestation for so doing.

But except in case of emergency, no entry must be made or works commenced unless 24 hours previous notice of the intended entry, and of its object, is given to the occupier of the premises intended to be entered. (11 & 12 Vict. c. 63. s. 143. ; 28 & 29 Vict. c. 75. s. 5.)

See also as to powers of entry under Common Lodging Houses, p. 44; and Removal of Nuisances, p. 52.

Injuring Works of Sanitary Authority.

If a person wilfully injures works or materials belonging to a sanitary authority in cases where no other penalty is provided, he incurs for every offence a penalty not exceeding 5l., to be recovered in a summary manner. (29 & 30 Vict. c. 90. s. 45. & 54.)

PROCEEDINGS UNDER THE NUISANCES REMOVAL ACTS.

Proceedings may be taken.

*

The sanitary authority may, within the area of their jurisdiction, direct proceedings to be taken at law or in equity in cases within the purview of the Nuisances Removal Acts, and may order proceedings to be taken for the recovery of penalties, and for the punishment of persons offending against the provisions of these Acts, or in relation to appeals under them, and may order the expenses of the proceedings to be paid out of the rates or funds which they administer under them. (18 & 19 Vict. c. 121. s. 30.)

*For definition, see note on p. 12.

Service of Notices.

Notices, summonses, and orders under the Nuisances Removal Acts may be served by delivering them to or at the residence of the persons to whom they are addressed, and where addressed to the owner or "occupier" of premises, they may also be served by delivering them or a true copy of them to some person upon the premises, or, if there be no person upon the premises who can be served, by fixing them upon some conspicuous part of the premises, or, if the person resides more than 5 miles from the office of the sanitary authority, then by a registered letter through the post. (18 & 19 Vict. c. 121. s. 31.)

Proof of Orders of Sanitary Authority.

Copies of orders or resolutions under these Acts of the sanitary authority or their committee, purporting to be signed by the chairman of such body or committee, must, unless the contrary is shown, be received as evidence thereof, without proof of their meeting, or of the official character or signature of the person signing them. (18 & 19 Vict. c. 121. s. 32.)

Proceedings where several Persons are liable.

Where proceedings under these Acts are taken against several persons in respect of one nuisance caused by their joint act or default, the sanitary authority may include them in one complaint, and the justices may include them in one summons. An order made in such a case may be made upon all or any number of the persons included in the summons, and the costs may be distributed as the justices think reasonable. (18 & 19 Vict. c. 121. s. 33.)

In case of any demand or complaint under these Acts, to which two or more persons, being owners or occupiers of premises or partly the one or partly the other, are answerable jointly, or in common, or severally, it is sufficient to proceed against any one or more of them without proceeding against the others.

This will not prevent the parties proceeded against from recovering contribution where they are entitled to contribution by law. (18 & 19 Vict. c. 121. s. 34.)

Designation of Owner or Occupier.

When in any proceeding under these Acts, whether written or otherwise, it is necessary to mention or refer to the owner or occupier of any premises, it is sufficient to designate him as the "owner" or "occupier" of such premises. (18 & 19 Vict. c. 121. s. 35.)

Penalties for Obstructing Execution of Acts.

If anyone refuses to obey an order of justices for admission on premises of the sanitary authority or their officers, or wilfully obstructs any person acting under the authority or employed in the execution of the Nuisances Removal Acts, he is liable for every offence to a penalty not exceeding 51. (18 & 19 Vict. c. 121. s. 36.)

If the occupier of any premises prevents the owner from obeying or carrying into effect the provisions of this Act, any justice to whom application is made must by order in writing (see form No. 12, Appendix, p. 114,) require the occupier to desist from the prevention, or to permit the execution of the works required to be executed, provided the works appear to the justice necessary for carrying into effect the provisions of the Nuisances Removal Acts. If within 24 hours after service of the order the occupier against whom it is made does not comply with it, he is liable to a penalty not exceeding 5l. for every day afterwards during the continuance of his non-compliance. (18 & 19 Vict. c. 121. s. 37.)

Proceedings not to be set aside for want of Form.

No order or other proceeding done relating to the execution of these Acts can be set aside for want of form, or be removed by certiorari or other process into any of the superior courts. Proceedings against several persons included in one complaint will not abate by reason of the death of any of these persons, but may be carried on as if the deceased had not been originally included. (18 & 19 Vict. c. 121. s. 39.)

Appeals.

Appeals under the Nuisances Removal Acts are to the Court of Quarter Sessions held next after the making of the order appealed against. The appellant will not be heard in support of the appeal, unless within 14 days after the making of the order he gives the sanitary authority written notice stating his intention to appeal, together with a written statement of the grounds of appeal; and unless within 2 days of giving notice he enters into a recognizance before a justice of the peace with sufficient securities conditioned to try the appeal at the court, and to abide the order of and to pay the costs awarded by the justices.

The court upon hearing and finally determining the appeal may, at their discretion, award such costs to the party appealing or appealed against, as they think proper, and their determination is binding on all persons.

If there is not time to give notice and enter into a recognizance, then the appeal may be made to, and the notice, statement, and recognizance be given and entered into for the next sessions at which the appeal can be heard. At the hearing