Oke's Synop. 2nd ed. pp. 402-409.

5. Complaint to a Justice by an Officer of Guardians, or a Committee,
in order to obtain a Summons. (11 & 12 Vict. c. 123, s. 1.)
- in the county

The complaint of C. D., of the parish of

to wit.of. being an officer of the guardians of the poor of the union, in which the parish of hereinafter mentioned is included, to wit, the clerk, and duly empowered by them in this behalf, by virtue of the statute in such case made and provided,

[or C. D., E. F. and F. G., being a committee of the guardians of the union, in which the parish of

poor of the
mentioned is included,]

hereinafter

made to me the undersigned, one of her Majesty's justices of the peace in and for the said county of

our Lord

this day of

in the year of at in the same county, who saith, that on the last a written certificate under the hand of R. F., one of the medical [or relieving officers of the said union],

day of

[or written notice in the form contained in the Schedule (A) to the "Nuisances Removal and Diseases Prevention Act, 1848," signed by two inhabitant householders of the parish of -], was received by the said guardians, in and by which said certificate [or notice] the said medical [or relieving] officer [or inhabitant] stated, that [&c., as in the certificate or notice]: and thereupon the said guardians, [or the said complainants, being a committee of the said guardians duly appointed in that behalf,]

on the

day of

last, caused a notice in writing under their seal
and the hand of the chairman of the said board of guardians,
[or under their hands,]

to be delivered unto, a person then upon the premises aforesaid [or
affixed upon a conspicuous part of the premises aforesaid (there being no
person thereon to or on whom the same could be delivered or served)], by
which last-mentioned notice, after reciting the certificate first aforesaid of
the said medical [or relieving] officer [or inhabitants], it was stated that a
committee of the said guardians [or that the said complainants] would at
the expiration of twenty-four hours after the delivery or affixing thereof, as
directed by the said act, or as soon after as conveniently might be, by them-
selves or their servants or agents, with or without medical or other assist-
ants, enter upon the said and premises, and examine the same with
respect to the matters alleged in the said certificate above mentioned:
and the said C. D. [or complainants] further saith, that afterwards, and
after the expiration of twenty-four hours from the delivering [or affixing]
of the said notice as aforesaid, to wit, on the
day of
they, in pursuance of the said notice, did enter the said
mises, and did then and there examine the same with respect to the
matters alleged in the said certificate [or notice]; and that upon the said
examination the said and premises then and there appeared to them
and were in a filthy and unwholesome condition [here state some parti-
culars, bringing the case within the description in the first section of the act,]
whereupon the said prayeth that E. F. the owner [or occupier] of
the said premises, may be summoned to answer the said complaint and
make his defence thereto.

Before me J. S.

instant, and pre

C. D.

6. Summons to appear. (Schedule (B) of 11 & 12 Vict. c. 123.)

Oke's Synop.

2nd ed.

To the owner [or occupier] of a dwelling-house [or building, or of PP. 402–409. certain premises] situate at [insert such a description as may

be sufficient to identify the premises].
County of

[or borough, &c. of

Whereas complaint hath been made to the undersigned, one of her Ma

or metropolitan police district, (jesty's justices of the peace acting in or as the case may be], to wit. borough &c. of

and for the said county of- -[or or one of the magistrates of the police courts of the metropolis holden at or as the case may be], by the town council of the borough of - [or as the case may be], that a certain dwelling-house [or building, situate at No.-, in the parish of- [or as the case may be], in the county of ——, is in such a filthy and unwholesome condition, &c. [here insert the description of the nuisance as in the Notice No. 1, ante, p. 464]: These are therefore to require you to appear before two of her Majesty's justices of the peace [or one of the magistrates of the police courts of the metropolis, at the court holden at -], on the day of next, at the hour of to answer the matter of the said com

plaint.

Given under my hand and seal, this our Lord 185-.

7. Order for Removal of Nuisances, &c. (Schedule (C) of 11 & 12

Vict. c. 123.)

To the owner [or occupier] of the dwelling-house [or building, or
premises] situate at No.-, in street, in the parish of
in the county of [or such other description as may be suffi-
cient to identify the premises], and to the town council of the
borough of- [or to the guardians of the poor of the
union, or of the parish of, in the county of

as the case

may be], and to their servants or agents, and to all whom it may

concern.

County of

[&c. as in No. 6, supra],

Whereas on the day of last com plaint was made before the undersigned [or to wit. before J.K., Esquire], one of her Majesty's justices of the peace acting in and for the county of [or before the undersigned, or J. K., Esquire, one of the magistrates of the police courts of the metropolis, or us the case may be] by the town council, &c. [as in the summons No. 6, supra, to the asterisk*]: And whereas the owner [or occupier] of the said dwelling-house, building or premises, having this day appeared before us, two of her Majesty's justices of the peace acting in and for the county [or borough] of or before me, one of the magistrates of the police courts of the metropolis, as the case may be], to answer the matter of the said complaint: [or in case the party charged do not appear, And whereas it hath this day been proved to our [or my] satisfaction, that a true copy of a summons requiring the owner [or occupier] of the said dwelling-house [or building, or premises] to appear this day before us [or me], has been duly served according to the statute in such case made and provided]: and it having been proved [or also proved, as the case may require] that the said dwelling-house [or building is in such a filthy and unwholesome condition as aforesaid [or that upon the premises aforesaid [or first aforesaid] there is a foul and offensive drain [privy, cesspool, or ashpit, or a drain, &c. kept or constructed so as to be a nuisance to A. B., &c. as the case may be], or that

www.

Oke's Synop.

2nd ed.

pp. 402-409.

upon the premises aforesaid, or first aforesaid, an accumulation of dung, manure, offal, filth, or refuse, [or as the case may be,] is kept, or a pigstye exists, so as to be injurious to health as aforesaid, or so as to be a nuisance to A. B., &c., as the case may be]: We [or I] do hereby, in pursuance of the statute in such case made and provided, order the said owner [or occupier] of the said dwelling-house [or building, or premises, or first-mentioned premises], within hours from the service of this order [or a true copy thereof], according to the statute in such case made and provided, to cleanse [whitewash, or purify] the said dwelling-house [or to cleanse, cover, or fill up, or as the case may require] the said drain [ditch, gutter, privy, cesspool, or ashpit, or otherwise as the case may require], or remove the said pigstye, or accumulation of dung, offal, filth, refuse, or matter, as the case may be], so that the same shall not be injurious to health, or a nuisance, as aforesaid]; and if this order be not complied with, then we [or I] authorize and require you the said town council [or guardians of the poor] to enter upon the said dwelling-house [or building, or premises, or first-mentioned premises], and to do all such works, matters and things as may be necessary for carrying this order into effect, according to the statute in such case made and provided: And for your so doing this shall be your sufficient warrant.

of

Given under our hands and seals [or my hand and seal], this
-, one thousand eight hundred and

- day

[Signatures.]

(L. s.)

(L. S.)

8. Application to Two Justices for a Summons for Recovery of Costs and Expenses of obtaining Order for Removal of Nuisances, &c. from the Party. (11 & 12 Vict. c. 123, s. 3.)

The application and complaint of C. D. of &c., on behalf of to wit. the town council of the borough of [or the trustees, or commissioners of or the guardians of the poor of the union, or parish of in the county of ---] made unto us, the undersigned, two of her Majesty's justices of the peace in and for the said

at

in the same

this day of

in the year of our Lord -, who saith that by an order under the hands and seals of J. K. and L. M., Esquires, two of her Majesty's justices of the peace of and for the said day of last, reciting

bearing date the

then last, made before, &c.

that complaint was on the- day of
[as in the recital of it in the order, No. 7, supra,] and reciting that the
said justices having heard the said complaint, and examined the fact and
all proper witnesses upon oath, and the subject-matter thereof having
been proved on oath to their satisfaction, did, in pursuance of the statute
in such case made and provided, order the said owner [or occupier] of
the said dwelling-house [building, or premises] thereinbefore described,
within hours from the service of the said order, or a true copy
thereof, according to the statute in such case made and provided, to
cleanse [&c. as the directions are in the order,] so that the same should not
be injurious to health [or a nuisance] as aforesaid, and if the said order
should not be complied with, then the said justices did authorize and re-
quire the said town council [or guardians of the poor, as the case may be,]
to enter upon the said premises and to cleanse, &c. [as the directions are
in the order,] and to do all such works, matters, and things as might be
necessary for carrying the said order into effect according to the statute in
such case made and provided: And the said C. D. further saith, that the
said order was duly served on the said [or affixed upon a conspicu-
ous part of the premises aforesaid (there being no person thereon to or

on whom the same could be delivered or served)] in the manner described
in the said order, but that default was made by the said in obeying
the said order whereupon the said town council [or guardians of the
poor] did, by their servants and workmen, enter upon the said premises
and did [here describe what was done in the language used in the order]:
and the said C. D. further saith, that the said town council [or guardians
of the poor] did incur certain costs and expenses to the amount of
in [obtaining the said order, and] in carrying the same into effect, which
costs and expenses remain wholly unpaid to the said town council [or
guardians of the poor.]

Before us J. S. and J. L.

C. D.

9. Summons thereon.]-This may be in the General Form, No. 8 (A), ante, p. 26.

10. Order for Payment.]-This will be in the General Form No. 44 (K. 1) ante, p. 42, enforced by the General Forms as follow: Minute of Order, No. 60, ante, p. 54; Distress Warrant, No. 66 (N. 2), ante,

p. 57.

11. Application and Complaint by Owner where Occupier prevents Execution of Works required. (Id. s. 16.)

County of [or as the case may be,]

to wit.

of

this

in the same

}

: That

The application and complaint of A. B. of made to me E. F., Esquire, one of her Majesty's justices of the peace in and for the day of in the year of our Lord, at who saith, that he is owner, within the meaning of the "Nuisances Removal and Diseases Prevention Act, 1848," of certain premises, to wit, a dwelling-house [or building or as the case may be,] situate [insert such a description of the premises as may be sufficient to identify them,] in the parish of in the said 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 the said C. D. doth prevent the said A. B. from [here describe the works generally according to the circumstances; for instance, thus cleansing, or whitewashing, or purifying the said dwelling-house [or building] or cleansing a foul and offensive drain, [ditch, gutter, privy, cesspool, or ashpit,] which existed and exists upon the said premises, or as the case may require] *.

12. Summons to the Occupier.]—This may be in the General Form, No. 8 (A.), ante, p. 26.

13. Order to permit Execution of Works by Owners. (Sched. (D.) of 11 & 12 Vict. c. 123.)

to wit.

County of Whereas complaint hath been made to me [or as the case may be,] E. F., Esquire, one of her Majesty's justices of the peace in and for the county [or borough, &c.] of [or one of the magistrates of the police courts of the metropolis, or as the case may be,] by A. B. owner, within the meaning of the "Nuisances Removal and Diseases Prevention Act, 1848," of certain premises, to wit, a dwelling-house, &c. [then follow verbatim the portion between the asterisks in the Form No. 11, supra:] And whereas the said C. D. having been 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

Oke's Synop.

2nd ed.

PP. 402-409.

Oke's Synop. 2nd ed.

pp. 402-409.

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 under my hand and seal, this year of our Lord one thousand eight hundred and

day of

in the

E. F. (L. s.)

OATHS.

Id. p. 410.

1. Declaration in lieu of Oath, given by 5 & 6 Will. 4,
I, A. B. [of the parish of
in the county of
and sincerely declare, that,

c. 62, s. 18. ,] do solemnly

[Here insert the facts required, &c. as in either of the statements No.
2-8, infra, or as the case may be.]

And I make this solemn declaration, conscientiously believing the same to
be true, and by virtue of the provisions of an act made and passed in the
sixth year of the reign of his late Majesty King William the Fourth, in-
tituled "An Act to Repeal an Act of the present Session of Parliament,
intituled An Act for the more effectual Abolition of Oaths and Affir-
mations taken and made in various Departments of the State, and to sub-
stitute Declarations in lieu thereof, and for the more entire Suppression
of voluntary and extrajudicial Oaths and Affidavits,' and to make other
Provisions for the Abolition of unnecessary Oaths."
A. B.

Made and subscribed at

in the county of this day of, in the year of our Lord 185--, before me, one of her Majesty's justices in and for the said county of

J. S.

2. Statement of Identity by the Party, in case of Misnomer. (Bench F. 460.)]-That I am the person who, &c. [describing the party,] and that I am erroneously named in the original register of births [or baptisms] of the parish of -, in the county of -, (a true copy from which said register is hereunto annexed, marked A.): and I do further declare that the names of my parents, or reputed parents, were of -, [state profession,] and his wife, and that I have always understood and do verily believe that I was born [or baptized] on or about the — and I do also declare that to the best of my knowledge and belief, the person named and described in the said annexed extract from the said register as "," relates to the birth [or baptism] of me the said A. B., and to no other person whomsoever, as I never heard mention of any person of the name of “ living at or near the parish of aforesaid.

3. Memorandum to be written on a Document annexed.]-This is the copy of the entry [or extract from the register of -, or certificate of or as the case may be] referred to in the annexed declaration of A. B., made and subscribed before me, this day of

185-.

J. S.

4. Statement of Identity by a third Party, in Case of Misnomer. (Bench F. 461.)]—That A. B. of erroneously described "" in the original register of births [or baptisms] of the parish of, in the county of (a true copy from which said register is hereunto annexed, marked A.), is the person, &c. [describing the party]; and I do further declare, that I have well known the said A. B. for years and up