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 probibit [order of prohibition]; and if this 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. 100. No. 19. 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 to wit. form]. 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. 102. No. 20. Order to permit Execution of Works by Owners. County of 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 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 dwelling house [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 30477. Q 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 ventilation, or cleansing a drain, ditch, gutter, watercourse, privy, urinal, cesspool, or ashpit which is a nuisnce 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. 151. No. 21. E.F. (L.S.) Summons for Nonpayment of Costs, Expenses, or Penalties. [describe the person from To whom the costs, expenses, and penalties are due]. County of or borough of or district of to wit. on the the You are required to appear before two of Her petty sessions [or court] holden at day of [or by at the in noon, to answer the complaint this day made to me by 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. 1 the day of 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 of in the year of our Lord one thousand eight hundred and (18 & 19 Vict. c. 121. s. 41. and Sch. H.) See Removal of Nuisances, p. 103. No. 22. To Order for Payment of Costs, Expenses, and Penalties. County, &c. to wit. } [name the person on whom the order is made.] Whereas complaint has been made before us [or me] for that [recite cause of complaint.] And whereas the said [naming the person against whom the complaint is made] has this day appeared before us the said justices [or as the case may be,] to answer this matter of the said complaint: [Or, in case the party charged do not appear, say], ments of And whereas it has been this day satisfactorily proved to us [or me] that a true copy of the summons requiring the said [naming person charged] to appear before us [or me] this day hath been duly served according to the said Act: Now, having heard the matter of the said complaint, we [or I] do adjudge the said [naming the person charged] to pay forthwith [or by instalpayable respectively on or before the ] to the said [naming the person or sanitary authority to whom the costs adjudged are payable], the sum of for costs in this behalf, and to [naming the person or authority to whom the expenses are payable], the sum of for expenses in this behalf [if penalties are due, add, and the sum of for penalties incurred in relation to the premises,] together with the sum of being the charges attending the application for this order and proceedings thereon; and if the said several sums, amounting in the whole to [or if any one of the said instalments] be not paid within 14 days after the same is due as aforesaid, we [or I] hereby order that the same be levied by distress and sale of the goods and chattels of the said and in default of sufficient distress in that behalf adjudge the said to be imprisoned in the common gaol [or house of correction, as the case may be,] at in the said county [or as the case may be] for the space of such time, not exceeding three calendar months, as the justices may think fit, unless the said several sums [or sum], and all costs and charges of the said distress [and of the commitment and carrying of the said to the said house of correction or common gaol, or as the case may be,] shall be sooner paid. Given under our [or my] hands, this day of in the year of our Lord one thousand eight hundred and at (18 & 19 Vict. c. 121. s. 41. and Sch. I.) See Removal of Nuisances, p. 103. To the constable of No. 23. Warrant of Distress. and to all other peace officers in the said county [or as the case may be]. Whereas on last past complaint was made before the undersigned, two of Her Majesty's justices of the peace in the said and and for the said county of [or as the case may be] [or stipendiary magistrate, [as the case may be] for that [&c. as in the order]; and thereupon having considered the matter of the said complaint, we [or I] adjudged the said [set out from Form 2., the adjudication of payment and the order for distress and for imprisonment in default of distress]: And whereas the time in and by the said order appointed for the payment of the said several sums of hath elapsed, but hath not paid the same or any part thereof within 14 days after the date fixed by the order for such payment, but therein hath made default: These are therefore to command you in Her Majesty's name forthwith to make distress of the goods and chattels of the said A.B., and if within the space of days after the making of such distress the said last-mentioned sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale over to the clerk of the justices of the peace for the division of in the said [county, or as the case may be], that he may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said ; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under our hand [or my] hands and seal, this of hundred and said. day in the year of our Lord one thousand eight in the [county] afore at (18 & 19 Vict. c. 121. s. 41. and Sch. K.) See Removal of Nuisances, p. 103. A.B. (L.S.) UNDER THE COMMISSIONERS CLAUSES CONSOLIDATION ACT. No. 24. Form of Mortgage. By virtue of the Public Health Act, 1872, we, [insert description of sanitary authority] appointed in pursuance of the said Act, in consideration of the sum of paid to the treasurer to the said sanitary authority by A.B. of for the purposes of the said Act, do grant and assign unto the said A.B., his executors, administrators, and assigns, such proportion of the rates, rents, profits, and other moneys arising or accruing by virtue of the said Act from [here describe the rates or other property proposed to be mortgaged] as the said sum of doth or shall bear to the whole sum which is or shall be borrowed upon the credit of the said rates, rents, profits, or moneys, to hold to the said A.B., his executors, administrators, and assigns, from this day until the said sum of with interest at per centum per annum for the same, shall be fully paid and satisfied (the principal sum to be repaid at the years from the date hereof [in case any period end of be agreed upon for that purpose]). Given under our corporate seal this one thousand eight hundred and day of See Borrowing Powers, p. 178. do hereby paid to me by C.D. of transfer to the said C.D., his executors, administrators, and assigns, a certain mortgage, number , made by the sanitary authority [describing them] for under the Public Health Act, 1872, bearing date the day of for securing the sum of and interest [or, if such transfer be by endorsement, the within security], and all my right, estate, and interest in and to the money thereby secured, and in and to the rates, rents, profits, or other moneys thereby assigned. In witness whereof I have hereunto set my hand and seal this one thousand eight hundred and c. 16. Sch. C.) See Borrowing Powers, p. 178. day of |