their Servants, and others, to enter any Dwelling House or other Building or Place in the said Order mentioned, to cleanse, whitewash, or purify such Dwelling House or other Building, or to remove or abate the Nuisance in the said Order described; and if any Person shall wilfully obstruct any Person acting under the Authority and in pursuance of any Order made under the Provisions of this Act he shall be liable to a Penalty not exceeding Ten Pounds nor less than Two Pounds for every such Offence.

mises on which the Nuisance existed.

II. And be it enacted, That it shall be lawful for the Persons Costs and Exwho shall have made such Complaint as aforesaid to take Proceed- pences incurred ings to recover, from the Owner or Occupier of any Dwelling by the Parties House or other Building or Place in any such Order as aforesaid complaining may be recomentioned, the Costs and Expences incurred by them in obtaining vered from the such Order or in removing or abating any Nuisance, and other- Owner or Occuwise carrying such Order into effect; and any Two Justices, upon pier of the Prethe Application of such Persons so complaining, shall summon such Owner or Occupier to appear before them at a Time and Place to be named in such Summons; and upon the Appearance of such Owner or Occupier, or in his Absence upon Proof of due Service of the Summons, such Justices, upon Proof that such Costs and Expences as aforesaid have been incurred by the said Persons so complaining, shall (unless they shall think fit to excuse the Party so charged on the Ground of Poverty or other special Circumstances) order such Owner or Occupier to pay the Amount thereof to the said Persons so complaining, together with the Costs attending such Summons and Hearing; and if the same shall not be paid by the Parties liable to pay the same within Seven Days after Demand, the Amount may be recovered by Distress of the Goods of the Parties liable as aforesaid; and the Justices by whom the same shall have been ordered to be paid, or any Two other Justices, on Application, shall issue their Warrant accordingly.

Scotland.

III. And be it enacted, That it shall be lawful for the Magis- Certain Public trates and Councillors or other like Body having Jurisdiction Officers in Scotwithin any Burgh, Town, City, or Place in Scotland, or any of the Certificate land, on Receipt Trustees or Commissioners acting under the Provisions of any of Two Medical Act of Parliament for the Drainage, Paving, or Cleansing, or Men, may commanaging or directing the Police, in any Burgh, Town, City, or plain of the Place in Scotland, or for any of the above Purposes, or in case Existence of there shall be no such Magistrates or Councillors or other like Nuisances in Body, or no such Trustees or Commissioners having Jurisdiction or acting as aforesaid, in any Burgh, Town, City, or Place, then it shall be lawful for the Parochial Board for the Management of the Poor in Scotland established under the Provisions of an Act of Parliament passed in the Session held in the Eighth and Ninth Years of the Reign of Her Majesty Queen Victoria, intituled An 8&9 Vict. c.83. Act for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland, upon receiving a Certificate in Writing in the Form aforesaid, or to the like Effect, signed by Two duly qualified Medical Practitioners, of the filthy and unwholesome Condition of any Dwelling House or other Building, or of the Accumulation of any offensive or noxious Matter, Refuse, Dung, or Offal, or of the Existence of any foul or offensive Drain, Privy, or Cesspool, to lay a Complaint in Writing

Pp 3

The Sheriff or
Justices to

whom the Com-
plaint is made
required to
order the At-

tendance of the

Parties com

plained against.

The Order or a
Copy thereof to

be served or
affixed to the
Premises.

If the Order be not obeyed the

Parties complaining may enter on the Premises and remove the Nuisance.

Costs and Ex

pences incurred by the Parties complaining may be reco

vered from the

Owner or Oc

cupier of the Premises on

Writing before the Sheriff or any Two Justices of the Peace; and such Sheriff or Justices, upon the Production of such Certificate as aforesaid, shall forthwith order the Owner or Occupier of the Premises described in such Certificate to appear at a Time and Place to be named in such Order, to answer the Matters of Complaint alleged in such Certificate, and every such Order shall be served upon the Owner or Occupier of the Premises described in such Certificate, either in Person or by leaving or affixing a Copy of the same at or upon the Premises, and either upon Appearance or failing to appear of such Owner or Occupier, or if there be no Owner or Occupier, or if it appear that no Owner or Occupier can be found, then in either of such Cases it shall be lawful for the Sheriff or Justices to proceed to the hearing of the Complaint, and upon Proof to their Satisfaction of the Existence of the Nuisance in the Certificate described, either by the Confession of the Party so complained against, or upon Proof by legal Evidence, and without any written Pleadings or Record of Evidence, they shall forthwith make an Order in Writing in the Form aforesaid or to the like Effect, under his or their Hands or Seals, requiring such Owner or Occupier to cleanse, whitewash, or purify any such Dwelling House or other Building, or to remove or abate the Nuisance in the Certificate described, within the Period and in the Manner in the said Order to be prescribed (such Period being not more than Two clear Days, of which Sunday shall not be One, after Notice of the making of the said Order has been given in pursuance of the Provisions of this Act); and such Order, or a true Copy of the same, shall be forthwith served upon the Owner or Occupier respectively of the Premises or Place mentioned in such Order, or if there be no such Owner or Occupier, or if such Owner or Occupier cannot be served, then such Order, or a true Copy thereof, shall be forthwith affixed upon some Part of such Premises or Place as aforesaid; and if the Dwelling House or other Building in the said Order mentioned shall not be cleansed, whitewashed, or purified, or if the Nuisance in the said Order described shall not be removed or abated, within the Period and in the Manner in the said Order mentioned, it shall be lawful for the Persons who made the Complaint, and who shall be authorized by the said Sheriff or Justices so to do, by themselves, their Servants and others, to enter any Dwelling House or other Building or Place in the said Order mentioned, to cleanse, whitewash, or purify such Dwelling House or other Building, or to remove or abate the Nuisance, in the said Order described; and if any Person shall wilfully, obstruct any Person acting under the Authority and in pursuance of any Order made under the Provisions of this Act, he shall be liable to a Penalty not exceeding Ten Pounds nor less than Two Pounds for every such Offence.

IV. And be it enacted, That it shall be lawful for the Persons who shall have made such Complaint as aforesaid to take Proceedings to recover from the Owner or Occupier of any Dwelling House or other Building or Place in any such Order as aforesaid mentioned the Costs and Expences incurred by them in obtaining such Order, or in removing or abating any Nuisance, and otherwise carrying such Order into effect; and any Sheriff or Two Justices,

sance existed.

Justices, upon the Application of such Persons so complaining, which the Nuishall issue an Order requiring such Owner or Occupier to appear before him or them at a Time and Place to be named in such Order, and upon the Appearance of such Owner or Occupier, or in his Absence upon Proof of due Service of the Order, such Sheriff or Justices, upon Proof that such Costs and Expences as aforesaid have been incurred by the said Persons so complaining, shall (unless he or they shall think fit to excuse the Party so charged, on the Ground of Poverty or other special Circumstances,) order such Owner or Occupier to pay the Amount thereof to the said Persons so complaining, together with the Costs attending such Order and Hearing, and if the same shall not be paid by the Parties liable to pay the same within Seven Days after Demand, the Amount may be recovered by Poinding and Sale of the Goods of the Parties liable as aforesaid, and the Sheriff or Justices by whom the same shall have been ordered to be paid, or any Two other Justices, on Application, shall issue their Warrant accordingly.

eases.

V. And whereas Cases may occur where Cities, Towns, or Privy Council, Places may be threatened with or affected by formidable con- &c. in England tagious or epidemic Diseases, and it may be impossible to estab- and Ireland, lish Rules for the Prevention thereof by the Authority of Par- issue Orders at empowered to liament with sufficient Promptitude to meet the Exigency of each any Time to Case, and it is therefore expedient to enable the Lords of Her prevent the Majesty's most Honourable Privy Council to issue Orders in spreading of England and Scotland, and the Lord Lieutenant and Privy contagious or epidemic Dis'Council of Ireland to issue Orders in Ireland, from Time to Time for that Purpose;' be it therefore enacted, That if any City, Town, Burgh, or Place shall hereafter be threatened with or affected by such formidable contagious or epidemic Diseases, it shall be lawful in England and Scotland for the Lords and others of Her Majesty's most Honourable Privy Council, or any Three or more of them, (of whom the Lord President of the Council or One of Her Majesty's Principal Secretaries of State for the Time being shall always be One,) or in Ireland for the Lord Lieutenant and Privy Council of Ireland, by any Order or Orders to be by them from Time to Time made, to establish, and again from Time to Time by any such Order or Orders to revoke, renew, alter, and vary, all such Rules and Regulations, or to substitute any such new Rules and Regulations, as to them may appear necessary or expedient for the Prevention, as far as may be possible, of any such contagious or epidemic Diseases, or for the Relief of any Persons suffering under or likely to be affected by any such Diseases, and for the safe and speedy Interment of any Person who may die of any such Diseases.

VI. And be it enacted, That every such Order as aforesaid Orders to be relating to England or Scotland shall be certified under the Hand certified by of One of the Clerks in ordinary of Her Majesty's Privy Council Clerks of the Privy Council, in England, and every such Order relating to Ireland shall be and when pubcertified under the Hand of one of the Clerks of the Privy Council lished, received thereof, and that the Publication of any such Order for Eng- as Evidence. land or Scotland in the London Gazette, or for Ireland in the Dublin Gazette, shall for all Intents and Purposes be taken, admitted, and received in all Courts, and by and before all

Penalty for

Violation of

Orders.

Proceedings in case of Inform

ation, &c. in England or Ireland.

Justices em

Distress, &c.

In case Offender hath not Goods, &c. Justices may

Judges, Justices, Magistrates, Sheriffs, and others, as good and sufficient Evidence of the making and of the Date and Contents such Order.

of any

VII. And be it enacted, That any Person who shall or may violate or wilfully and knowingly infringe the Provisions of any such Order, or who shall or may refuse or wilfully neglect or omit to act in obedience to or in conformity with any such Order, or who shall resist, oppose, or obstruct the lawful Execution thereof, shall for every such Offence incur and become liable to a Penalty not exceeding Five Pounds nor less than One Pound, to be recovered in the Manner herein-after mentioned.

VIII. And be it enacted, That any Penalty imposed by this Act for any Offence committed in England or Ireland may be recovered by any Person who may sue for the same before any Two Justices, and it shall be lawful for any Two Justices, in all Cases where any Information shall be laid before them on Oath of any Offence against the Provisions of this Act, and they are hereby required to issue their Summons to any Person whom they may have reason to suppose capable of giving any material Evidence on the hearing of such Information, requiring every such Person to appear and give Evidence at a Time and Place to be specified in such Summons; and if any Person so summoned shall not appear before such Justices at the Time and Place so specified in the said Summons, or shall not offer any reasonable Excuse for such Default to the Satisfaction of the said Justices, or appearing shall not submit to be examined as a Witness, then and in every such Case it shall be lawful for the said Justices and they are hereby authorized (Proof on Oath, in the Case of any Person not appearing to such Summons, having been first made before such Justices of the due Service of such Summons on such Person by delivering the same to him or by leaving the same at his usual Place of Abode), by Warrant under the Hands and Seals of such Justices, to commit any such Person so making default as aforesaid to some Gaol or House of Correction within the Jurisdiction of the said Justices for any Time not exceeding Fourteen Days, or until such Person shall submit to be examined and give Evidence.

IX. And be it enacted, That all Justices in England or Ireland powered to levy shall and are hereby empowered, on the Conviction of any Person Penalties by before them for any such Offence as aforesaid, in default of Payment of any such Penalty as aforesaid, to cause the same to be levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the Hands and Seals of such Justices, together with the reasonable Costs of such Distress and Sale; and in case it shall appear to the Satisfaction of such Justices, either by the Confession of the Offender or by the Oath of One or more credible Witness or Witnesses, that such Offender hath not Goods and Chattels within the Jurisdiction of such Justices sufficient whereon to levy any such Costs and Charges, such Justices may, without issuing any Warrant of Distress, commit such Offender to any such Gaol or House of Correction as aforesaid for any Time not exceeding Fourteen Days, unless such Penalty, Costs, and Charges be sooner paid, in such Manner as if a Warrant of Distress had issued, and a Return of nulla bona made thereon, in

commit.

which Case also it shall be lawful for such Justices to commit any such Offender for such Term of Fourteen Days, or for any shorter Period, to any such Prison as aforesaid.

X. And be it enacted, That with regard to the Proceedings for Recovery of the Recovery of Penalties in Scotland, any such Penalties imposed Penalties in by this Act may be recovered by the Procurator Fiscal of the Scotland. Court, or any Person or Persons who shall sue for the same,

before any Sheriff or Two Justices of the Peace; and it shall be Sheriff or Juslawful for the Sheriff or Justices before whom any Complaint for tices empowered the Recovery of any Penalties may be brought to proceed in a to determine summary Way, and to grant Warrant for bringing the Parties Complaints. complained upon immediately before them, and, on Proof on Oath by One or more credible Witnesses or other legal Evidence, forthwith to determine and give Judgment in such Complaint, without any written Pleadings or Record of Evidence, and to grant Warrant for the Recovery of all Penalties and Expences decerned for, failing Payment within Eight Days after Conviction, by Poinding and Imprisonment for a Period at the Discretion of the Sheriff or Justices not exceeding Fourteen Days.

XI. And be it enacted, That all Penalties imposed by the Application of Authority of this Act shall be applied in or towards the Relief of Penalties. the Poor of the Parish or Place in which any Offence as aforesaid

may have been committed.

ment.

XII. And be it enacted, That every Order which may be so Orders of Counmade as aforesaid by the Lords of Her Majesty's Privy Council, cil to be laid or by any Three or more of them, or by the Lord Lieutenant and before ParliaPrivy Council of Ireland, shall be forthwith laid before both Houses of Parliament, if Parliament shall be then sitting, and that such Orders as shall be so made when Parliament shall not be sitting shall be laid before both Houses of Parliament within Fourteen Days next after the Commencement of the first Session which shall ensue upon the Date of any such Order.

XIII. And be it enacted, That all and every Expence which Justices may may be reasonably and properly incurred in carrying into effect order Payment any of the Provisions of this Act relating to the cleansing of of Monies exHouses, or to the Removal of Nuisances, and not recovered from pended for the Purposes of this Owners or Occupiers under the Provisions herein-before con- Act. tained, or to any Proceedings had or taken in pursuance of any Order issued under the Authority of this Act for Prevention of any formidable contagious or epidemic Diseases, shall be retained. or defrayed out of the Rates or Monies raised or contributed for the Relief of the Poor of the Parish or Extra-parochial Place maintaining its own Poor in which the same shall be so incurred, and in other Extra-parochial Places out of the Poor's Rate of the Parish nearest adjoining; and it shall be lawful for any Two Justices and they are hereby required to order and direct, from Time to Time as Occasion may require, the Treasurer of the Guardians, or other Officer of the Union or Parish, or the Overseer of the Parish in which any such Expence shall have been so incurred as aforesaid, to pay such Sums as may be expressed in such Order out of any Monies which may come into his Hands by virtue of his Office; and in case any such Treasurer, other Officer, or Overseer on whom any such Order shall be made shall neglect or refuse to pay the said Money so named in such Order for the

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