Parliamentary Papers

Appeals to Quarter Sessions.

A person who thinks himself aggrieved by any rate made under these Acts, or by an order or determination of, or by anything done by, a justice where the penalty imposed or the sum adjudged exceeds 208. may appeal to the court of general or quarter sessions held next after the making of the rate objected to, or accrual of the cause of complaint.

The appellant will not be heard in support of the appeal unless within 14 days after the making and publication of the rate appealed against, or accrual of the cause of complaint, he gives the sanitary authority or the justice by whose act he thinks himself aggrieved notice in writing stating his intention to appeal, together with a statement in writing of the grounds of the appeal. The court, upon hearing and finally determining the matter of the appeal, may according to their discretion award such costs to the party appealing or appealed against as they think proper, and their determination is conclusive."

If there is not time to give notice and enter into a recognizance before the sessions held as above mentioned, then the appeal may be made to, and the notice, statement, and recognizance given and entered into for, the next sessions at which the appeal can be heard. On the hearing of the appeal no grounds of appeal can be entertained other than those set forth in the statement. (11 & 12 Vict. c. 63. s. 135.)

The court of general or quarter sessions upon appeals against any rate have the same power to amend or quash any rate or assessment, and to award costs between the parties to the appeal as they have upon appeals with respect to poor rates. The costs awarded by the court may be recovered in the same manner as costs awarded upon poor rate appeals.

Notwithstanding the quashing of a rate appealed against, all money charged by it must, if the court before whom the appeal is heard think fit so to order, be levied as if no appeal had been made, and the money when paid must be taken as payment on account of the next effective rate for the same purposes. (11 & 12 Vict. c. 63. s. 136.)

See Rates and Expenses, p. 157.

No rate nor any proceeding touching the conviction of an offender against these Acts, nor any order, award, or anything done relating to the execution of them can be quashed or set aside for want of form, or removed by certiorari or other process into any of the superior courts. (11 & 12 Vict. c. 63. s. 137.)

Definition of Court of General or Quarter Sessions.

"Court of General or Quarter Sessions" means the Court of General or Quarter Sessions of the peace having jurisdiction over the whole or any part of the district or place in which the matter requiring the cognizance of the court arises. (11 & 12 Vict. c. 63. s. 2.)

Proceedings in Non-corporate Districts.

In a non-corporate district* the sanitary authority may sue and be sued in the name of their clerk for any contract, or matter relating to any property, vested in them under these Acts, or relating to anything done by them under them.

In any action of ejectment brought or prosecuted by the sanitary authority of such district, it is sufficient to lay the denise in the name of the clerk. t In proceedings on their part against a person for stealing or improperly dealing with their property, it is sufficient to state generally that the property in respect of which the proceeding is instituted is the property of the clerk, and all legal proceedings on the part of or against such sanitary authority may be carried on in his name.

No proceedings abate or are discontinued by the death, or removal of the clerk, or by reason of any change or vacancy in the sanitary authority. The clerk in whose name any such action or proceeding may be brought or defended must be fully reimbursed, out of the general district rates, all costs, damages, and expenses he has to sustain by his name being used. (11 & 12 Vict. c. 63. s. 138.)

Any summons, demand, or notice, or other such document under these Acts may be in writing or print, and if it requires authentication by the sanitary authority, the signature by the clerk is sufficient. (21 & 22 Vict. c. 98. s. 61.)

Consent of Sanitary Authority, how given.

In a non-corporate district* the sanitary authority, when their consent, sanction, approval, or authority is required under these Acts, it must be in writing under their seal and the hands of five or more members.

In a corporate district it must be under the common seal. (11 & 12 Vict. c. 63. s. 149.)

Service of Notices.

Any summons, notice, writ, or proceeding under these Acts to be served upon the sanitary authority may be served by being left at or sent through any post office, directed to them at their office, or by being delivered there to the clerk personally.

Where any notice is by these Acts required to be given to the owner or occupier of premises it is sufficient to address the notice to him by the description of the "owner" or "occupier" (as the case may require) of the premises (naming them) in respect of which the notice is given, without further name or description. The notice must be served upon them or one of them, as the case may require, either personally or by delivering the same to some

inmate of his or their place of abode, or in the case of the occupier (and also in case of the owner, if his place of abode is unknown,) upon any inmate of the last-mentioned premises. If the premises are unoccupied, then, in case the notice is required to be served upon the occupier, (and in case of the owner also, if his residence is unknown,) it is sufficient to fix the notice upon some conspicuous part of the premises. In the case of notices to the owner, although his place of abode is known to the sanitary authority, yet if it is not within the limits of their district, it is sufficient for them to transmit any notice directed to him by name through the post. (11 & 12 Vict. c. 63. s. 150.)

False Evidence.

Every person who upon examination on oath under the provisions of the Local Government Acts wilfully and corruptly gives false evidence is liable to the penalties inflicted upon persons guilty of wilful and corrupt perjury. (11 & 12 Vict. c. 63. s. 147.)

The word "oath" here includes an affirmation in the case of quakers, and a declaration in the case of persons allowed by law to make a declaration in lieu of an oath. (11 & 12 Vict. c. 63. s. 2.)

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, examining works, ascertaining the course of sewers or drains, or ascertaining boundaries, 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.)

*For definition, see p. 144.

The sanitary authority have the powers of entry conferred by the 11 & 12 Vict. c. 63. s. 143. for making or keeping in repair any works to be made by them or already made by the sewer authority, as well as for the purposes specified in the above-mentioned section. (28 & 29 Vict. c. 75. s. 5.)

See also as to powers of entry under Common Lodging Houses, p. 75; and Removal of Nuisances, p. 98.

Penalties for Obstructing Execution of Acts.

If any one wilfully obstructs a superintending inspector, or member of the sanitary authority, or an officer or person duly employed in the execution of these Acts, or destroys, injures, or defaces a board upon which a byelaw, notice, or other matter is inscribed, is, if it was put up by the sanitary authority, liable for every offence to a penalty not exceeding 51.*

If the occupier of any premises prevents the owner from carrying into effect the provisions of these Acts, a justice to whom application is made must by order in writing (which may, be according to the form No. 6, Appendix, p. 232, or to the like effect), require the occupier to permit the execution of the works required to be executed, provided they appear to the justice necessary for carrying these Acts into effect.

If within a reasonable time after the making of the order the occupier against whom it is made refuses to comply with it, he is liable to a penalty not exceeding 51.* for every day afterwards during the continuance of his refusal. If the occupier of any premises, when requested by or on behalf of the sanitary authority to state the name of the ownert of the premises, refuses or wilfully omits to disclose or wilfully mis-states it, a justice may on oath made before him of the request, and refusal, omission, or mis-statement, summon the party to appear before him or some other justice at a time and place appointed in the summons. after being summoned he neglects to attend at the time and place appointed, or if he does not show good cause for his refusal, or if the omission or mis-statement is proved, the justice before whom the party is summoned may impose upon the offender a penalty not exceeding 57.* (11 & 12 Vict. c. 63. s. 148.)

PROCEEDINGS UNDER THE NUISANCES REMOVAL ACTS.‡ 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.)

The clerk of the sanitary authority or any officer or member authorised generally or in respect of any special proceeding by resolution of the authority, may institute and carry on any proceeding which the sanitary authority are authorised to institute and carry on under these Acts. (29 & 30 Vict. c. 90. s. 48.)

This order once issued continues in force until the nuisance has been abated or the work done for which entry was necessary. (29 & 30 Vict. c. 90. s. 31.)

Books

Parliamentary Papers, Volume 55