has made default in doing its duty, may institute any proceeding which the nuisance authority of such place might institute with respect to the removal of nuisances: provided always, that no officer of police shall be at liberty to enter any house or part of a house used as the dwelling of any person without such person's consent, or without the warrant of a justice of the peace, for the purpose of carrying into effect the Act. nuisance c. 90, s. 49. Where complaint is made to the Local Government Board Mode of that a nuisance authority has made default in enforcing the proceeding provisions of the Nuisances Removal Acts, such Board, if satis- where fied after due inquiry made by them that the authority has authority been guilty of the alleged default, shall make an order limiting has made a time for the performance of its duty in the matter of such default. complaint. If such duty is not performed by the time limited 29 & 30 Vict. in the order, the Local Government Board shall appoint some person to perform the same, and shall by order direct that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default. Any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, and be enforced in the same manner as if the same were an order of such Court. The costs of this proceeding on the part of the Local Government Board are provided for, as will be seen, ante, p. 92. By a subsequent Act the Local Government Board may from 32 & 33 Vict. time to time by order under their hand change the person c. 100, s. 8. appointed by them to perform the duty of a defaulting local authority; and the Local Government Board may make order Ib. s. 9. for the payment of the costs of all inquiries or proceedings directed by them in pursuance of the Local Government Act, 1858; the Sanitary Acts, 1866, 1868; the Sewage Utilization Acts, 1865, 1867, or any such Acts, and as to the parties by whom, or the rates out of which such costs shall be borne; and such orders may be enforced in the same way as orders for costs of appeals under the 81st section of the Local Government Act, 1858. As to orders of the Local Government Board, under section 49 see further. (1) § 2. COMMITTEES OF LOCAL AUTHORITY. The local authority may appoint any committee of their own Committees body to receive notices, take proceedings, and in all or certain of Local specified respects execute the Nuisances Removal Acts, whereof authority. 18 & 19 Vict. two shall be a quorum; and such local authority, or their com- c. 121, s. 5. (1) Reg. v. Cockerell, L. R. 6 Q. B. 252, post, p. 573. Committees c. 77, s. 5. powers, Ib. Their expenses. Ib. Authority of committee, etc. mittee, may, in each particular case, by order in writing under the hand of the chairman of such body or committee, empower any officer or person to make complaints and take proceedings on their behalf. The Board of Guardians for a union may appoint a committee or committees of their own body, under sect. 5 of the Nuisances Removal Act, 18 & 19 Vict. c. 121, to act in and for one or more of the parishes or places for which the Board is the local authority. Every committee so appointed shall have the full power of executing the Act in all respects, within the specified place or places for which it is appointed, unless its power be expressly limited by the terms of its appointment. The Board of Guardians shall cause the charges and expenses of every such committee to be paid out of the poor rates of the place or places for which the committee is appointed; and where a committee is so appointed for any such place or places the charges and expenses of the Board as local authority for or in respect of the place or places for which a committee is not appointed shall be paid or contributed by such last-mentioned place or places in like manner as the expenses of a committee. Where any one such committee is appointed for all the places for which the Board is the local authority its charges and expenses shall be contributed and paid in like manner as the charges and expenses of the Board would have been contributed and paid if such committee had not been appointed. The office of a guardian being an annual one, it is necessary that the committee should be reappointed annually. When it is proposed to take proceedings under sect. 5 of the 18 & 19 Vict. c. 121, an order in writing in each particular case must be obtained from the local authority or committee to their officer to make complaint to the justices, as a previous general authority is not sufficient. The complaint authorized by the section to be made is a complaint not to the party through whose default the nuisance arises, but to the justices, by taking out a summons. (1) The appointment of the committee will not supersede the action of the guardians as a Board, but it will be obviously undesirable that the Board of Guardians and the committee should act simultaneously in the same matter. The proceedings of the committee should be recorded in a minute book of their own, and it will not be necessary that their acts should be confirmed by the guardians. §3. APPOINTMENT OF INSPECTORS OF NUISANCES. Local authorities under the 23 & 24 Vict. c. 77, may, for the purposes of the Act, severally appoint or employ inspectors of (1) Isle of Wight Ferry Company, apps., Ryde Commissioners, resps., 25 J. P. 454. nuisances, and make such payments as they see fit for the Inspectors of remuneration and expenses of such inspectors. The appointment need not be by an instrument under seal, (1) but it should be entered in the minutes of the meeting of the local authority at which it is made, so that, if necessary, the fact of the appointment having been made may be capable of proof. The salary of the inspector may be either an annual salary or a weekly salary, and may be paid at such periods as may be stipulated at the time of the appointment, and if it be not paid. the officer may recover it in an action for debt. (2) The guardians and not the committee for any parish or parishes in the union must in all cases appoint the inspector of nuisances; and the guardians and not the committee must also pay the salary as well as all the expenses which may be incurred, and charge the payments to the parishes or parties liable. The Local Government Board recommend that the salary of the inspector should be apportioned among the parishes for which he is appointed upon the basis of the number of inhabited houses in each parish, which afford some indication of the amount of services required of the officer in each parish. If the inspector be appointed to act for one parish only, the salary should be charged by the guardians acting as the local authority to the parish, and not to the common fund of the union if the parish be in a union. nuisances. As regards the appointment of relieving officers as inspectors Relieving of nuisances, the Poor Law Board said, that if it be deemed officers. advisable to appoint a relieving officer as such, it would be necessary that an application should be made to them for their consent, in accordance with article 166 of the General Consolidated Order. (3) (See Glen's Poor Law Board Orders, Seventh Edition.) County constables, on the other hand, appear to be dis- Constables. qualified altogether for being appointed inspectors of nuisances, for the Constabulary Act, 2 & 3 Vict. c. 93, s. 10, enacts that all chief or other constables appointed under that Act shall be restrained from employing themselves in any office or employment for hire or gain, other than in the execution of their duties under that Act. In some places they, however, have been so appointed with the consent of the chief police authority. As regards the appointment of inspectors of nuisances in Appointment districts under Local Boards of Health, see 11 & 12 Vict. c. 63, by Local s. 37, ante, p. 63. Boards of Within the district of the Metropolis Local Management In the Act, every vestry and district Board shall nominate and appoint metropolis. such number of persons to be inspectors of nuisances in their 18 & 19 Vict. parish or district as the vestry or Board may think fit. The c. 120, s. 133. (1) Smart v. West Ham, 24 L. J. Exch. 201; Reg. v. Greene, 17 Q. B. 793. (2) Hall v. Taylor, 27 L. J. Q. B. 311; 22 Jur. 877. (3) Circular of Oct. 10, 1860. Duties of inspectors in the metropolis. 18 & 19 Vict. c. 120, s. 133. Ib. 29 & 30 Vict. c. 90, s. 14. How to be c. 77, s. 4. Oxford. 23 & 24 Vict. c. 77, s. 4. Improvement sioners. Ib. Guardians acting as local inspectors so appointed shall superintend and enforce the due execution of all duties to be performed by the scavengers employed, or contracted with under the Act, and report to the vestry or district Board the existence of any nuisances. Every inspector is to be required to provide and keep a book in which shall be entered all complaints made by any inhabitant of the parish or district of any infringement of the provisions of the Act, or of any bye-laws made thereunder, or of nuisances; and shall forthwith inquire into the truth or otherwise of such complaints, and report upon the same to the vestry or Board at their next meeting. Such report and the order of the vestry or Board thereon shall be entered in a book, which shall be kept at their office, and shall be open at all reasonable times to the inspection of any inhabitant of the parish or district. Further, it shall be the duty of the inspector, subject to the directions of the vestry or Board, to make complaints before justices, and take legal proceedings for the punishment of any person for any offence under the Act or bye-laws. Further, with respect to the appointment of inspectors of nuisances under the Towns Improvement Clauses Act, when incorporated with any local Act, see the 10 & 11 Vict. c. 34, SS. 9-11. § 4. EXPENSES OF LOCAL AUTHORITY. All expenses incurred by a nuisance authority in carrying into effect any of the provisions of the second part of the Sanitary Act, 1866, shall be deemed to be expenses incurred by carrying into effect the Nuisances Removal Acts. All charges and expenses incurred by the local authority in executing the Nuisances Removal Act, and not recovered as therein provided, shall be defrayed as follows; to wit: 1. Out of the general district rates where the local authority is a Local Board of Health. 2. Out of the borough fund or borough rate where the local authority is the mayor, aldermen, and burgesses, by the Council. 3. In the city of Oxford and borough of Cambridge such expenses shall be deemed annual charges and expenses cleansing the streets of the said city and borough respectively, and shall be so payable. of 4. Out of the rates levied for the purposes of improvement under any Improvement Act, where the local authority is a body of trustees or Commissioners acting in execution of the powers of such an Act. 5. Where a Board of Guardians for a union is the local authority for the whole of the union, the charges and expenses shall be defrayed by means of an addition to be made to the author whole rate for the relief of the poor of the parish or parishes for which the expense has been incurred, and be raised and paid in like manner as money expended for the relief of the poor, union. lb. Notwithstanding the language of this sub-section (5.), it will no doubt suffice if the Guardians, when they incur any charge, enter it in their accounts as a charge against the parish without making a special call upon the overseers. local 6. Where the Board of Guardians for a union is the local Guardians authority for two or more places maintaining their own poor, acting as but not for all the places in the union, the charges and expenses authority shall be paid out of the poor rates of the places for which the for part of Board is the local authority. c. 77, s. 4. union only. 7. Where the Board of Guardians for a union is, under the 23 & 24 Vict. Act, the local authority for a single place maintaining its own The local poor, and where the Board of Guardians for any such single authority place or the overseers of any such place are, under the Act, the for a single local authority for such place, the charges and expenses shall be place. defrayed out of the rates for the relief of the poor thereof. It was held that the nuisances removal committee acting for any place under the Nuisances Removal Act, 1855, 18 & 19 Vict. c. 121, s. 7, and entitled to be paid their costs and charges in executing the Act out of the poor rates, might call upon the overseers to pay them the amount of such costs and charges, without justifying the particular items of charge to the overseers, and the latter might be compelled by mandamus to pay such costs and charges. (1) The above is as the case is reported in the Weekly Reporter;' but the order of the Court, and the finding of the Master, are in the following terms:-"And upon hearing counsel on both sides and by consent, it is ordered that it be referred to the Master on the Crown side of this Court to determine what sum, if any, for the said costs, charges, and expenses, is to be paid by the said overseers to the said James Joseph Blake (the chairman of the committee), and who shall pay the costs of and occasioned by this application." The finding of the Master was in the following terms "In pursuance of the within rule I do determine that the sum of £47 19s. 6d. (the sum demanded was £50) is the sum for the costs, charges and expenses in the said rule mentioned to be paid by the overseers of the parish of Ewell to James Joseph Blake, as chairman of the nuisances removal committee of the said parish. And I further determine that each party bear his own costs of the said rule, and of the reference of the matter thereof to me. Dated the 18th March, 1861, Thos. Norton, Crown Office, Temple." As to the time within which application must be made to the Court for costs of mandamus, see ante, p. 379. Ib. local 8. Where the Board of Guardians for a union is under the Guardians Act, the local authority for part only of any place maintaining acting as its own poor, together with the whole of any other such place. or part of any other such place, the Board shall apportion such authority for charges and expenses between or among any or every such part place only. (1) Reg. v. Ewell, 9 W. R. 127. part of a |