ment of costs the same, and the same shall be recovered in manner authorized Nuisance auby the Nuisance Removal Acts, and the owner shall allow such thority may occupier to deduct the sums of money which he so pays out of require paythe rent from time to time becoming due in respect of the or expenses premises as if the same had been actually paid to such owner from owner as part of the rent. No such occupier shall, however, be or occupier, required to pay any further sum than the amount of rent for and occupier paying to the time being due from him, or which, after demand of the deduct from costs or expenses from the occupier, and after notice not to rent. pay his landlord any rent without first deducting the amount of 29 & 30 Vict. such costs or expenses, becomes payable by such occupier, c. 90, s. 34. unless he refuse, on application being made to him for that purpose by or on behalf of the nuisance authority, truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable, but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie upon such occupier; no contract made or to be made between any owner or occupier of any house, building, or other property whereof it is or may be agreed that the occupier shall pay or discharge all rates, dues, and sums of money payable in respect of such house, building, or other property shall, however, be affected by the above provision, neither shall it affect any contract whatsoever between landlord or tenant. Where the tenant of a house within the district of the Metropolis Local Management Act received notice from the vestry of the parish under 25 & 26 Vict. c. 102, s. 96, to pay his rent to them on account of the expenses of paving a road, and the landlord, being aware of such notice, after the rent became due, but before the tenant had paid any part of it to the vestry, put in a distress, in an action for wrongful distress it was held that as the landlord's right of distress was not taken away by the Act, the tenant was not protected till he had actually paid his rent to the vestry. (1) In June an order of justices was made under the 18 & 19 Recovery of Vict. c. 121, "on the owner" of certain premises to remove a costs. nuisance, and in default the Local Board themselves commenced the necessary works for abating the nuisance, which were completed on the 7th of September following, and the expenses. were then paid by the guardians acting as the local authority. The real owner of the premises was abroad, and on the 21st of May he executed a power of attorney to the defendant to receive the rents for him. This reached the defendant on the 22nd July, and the rent being payable yearly at Michaelmas, he received the past year's rent at the Michaelmas following:-on an appeal from the County Court of Suffolk, holden at (1) Ryan v. Thompson, 17 L. T. (N. s.) 506; 32 J. P. 135; L. R. 3 C. P. 144. In what 18 & 19 Vict. How recovered. Ib. s. 2. Division of costs. 18 & 19 Vict. C. 121, s. 19. Costs of frivolous complaint. Ib. Halesworth, it was held that the defendant was not liable, under the 19th section of 18 & 19 Vict. c. 121, to an action for money paid within the meaning of section 19 of 18 & 19 Vict. C. 121. (1) The costs and expenses, and penalties, together with the charges for suing for them, may be recovered in any County Court or superior Court; or, if the local authority think fit, before any two justices. That is to say, they may be so recovered from the person on whom the order was made; from the person by whose act or default the nuisance was caused; and, as it seems, from the owner of the premises, if the nuisance was caused by his act, or default. By the interpretation clause the word "owner" includes any person receiving the rents of the property in respect of which that word is used from the occupier of such property on his own account, or as trustee, or agent for any other person, or as receiver or sequestrator appointed by the Court of Chancery, or under any order thereof, or who would receive the rents if such property were let to a tenant. It is apprehended therefore, that when the costs, expenses, and penalties are chargeable upon the premises, they may be recovered under sect. 20, to be hereafter adverted to, from any owner of the premises for the time being, and in such case he should be designated in the proceedings as the "owner," without mentioning his name or giving any further description of the person intended to be referred to by that designation (18 & 19 Vict. c. 121, s. 35). As regards the action in the County Court it should be observed that the action will lie in that Court, whatever be the amount of the costs, and even though the title to land should come in question; see Reg. v. Harden (2) and Hertford v. Kimpton, (3) which were cases upon the former statute 11 & 12 Vict. c. 123, s. 3, and in which it was held that the remedy provided by the Act must be pursued, and that the superior Courts have no jurisdiction to entertain a claim for the recovery of such costs and expenses. The present statute, however, expressly gives jurisdiction to a superior Court. If the proceedings be before the justices, they are empowered to divide the costs, expenses, and penalties between the per sons by whose act or default the nuisance arose as they may consider reasonable. On the other hand, if it appear to the justices that a complaint made under the Act is frivolous or unfounded, they may order the payment by the local authority, or persons making the complaint, of the costs incurred by the person against whom the complaint was made, or any part (1) Blything v. Warton, 32 L. J. M. C. 132; 7 L. T. (N. s.) 672; 3 B. & S. 352; 9 Jur. (N. s.) 867. (2) 2 E. & B. 128; 22 L. J. Q. B. 299. (3) 25 L. J. M. C. 41; 11 Exch. 295. such costs. The proper time for making such an order appears Recovery to be at the hearing when the case is dismissed, and not when of costs. costs are applied for by the local authority, in pursuance of this section. Generally it may be again observed with reference to the Remedy. provisions of the statute with regard to the recovery of costs, that where a pecuniary obligation is created by a statute, and a remedy is expressly given for enforcing it, that remedy must. be adopted. (1) C. 121, s. 20. Ib. Where any costs, expenses, or penalties are due under or in Order for consequence of any order of justices made in pursuance of this payment, Act as aforesaid, that is, it is presumed, in pursuance of any18 & 19 Vict. thing contained in any of the first nineteen sections, any justice, upon the application of the local authority, shall issue a summons requiring the person from whom they are due to appear Ib. Sch. before two justices, or a stipendiary magistrate, at a time and Form H. place to be named therein, to answer the complaint. Upon proof, to the satisfaction of the justices present, that any costs, expenses, or penalties are so due, such justices, unless they think fit to excuse payment on the ground of poverty or other special circumstances, shall by order in writing under their hands and seal, order payment of the amount thereof to the local authority at once, or by such instalments as the justices Sch. Form I. may think fit, together with the charges attending such appli- Ib. cation and the proceedings thereon. If the amount mentioned in the order of justices be not paid within fourteen days thereafter, it may be levied by distress and sale. This, it will be Ib. Sch. perceived, only refers to the recovery by the local authority of Form K. costs, expenses, and penalties, and not to any other complaint, or to the case of a person complained of who becomes entitled to costs, as in the case of a frivolous or unfounded complaint under sect. 19. With regard to such it is provided, that the Costs on costs may be recovered by persons thereto competent, in Eng- frivolous land according to the provisions of the 11 & 12 Vict. c. 43; 16. 3. 38. complair t and in the case of a local authority, that statute is also applicable to the enforcing an order of justices under sect. 20 of the 18 & 19 Vict. c. 121. $4. DISINFECTING PREMISES. By the Nuisances Removal Act, 1845 (ante, p. 522), provi sion is made to compel disinfection of premises, but further provision has since been made on the subject by the Sanitary Act, 1866. It is thereby enacted that if the nuisance authority shall be of opinion, upon the certificate of any legally qualified medical practitioner, that the cleansing and disinfecting of any house (1) St. Pancras v. Batterbury, 2 C. B. (N. S.) 477; 26 L. J. C. P. 243 ; 3 Jur. (N. s.) 1106. Ib. Power to cause premises to be cleansed or otherwise disinfected. Power to provide means of disinfection. Ib. s. 23. Nuisance authorities may provide carriages for conveyance of infected persons. Ib. s. 24. or part thereof, and of any articles therein likely to retain infec tion, would tend to prevent or check infectious or contagious disease, it shall be the duty of the nuisance authority to give notice in writing requiring the owner or occupier of such house or part thereof to cleanse and disinfect the same as the case may require. If the person to whom notice is so given fail to comply therewith within the time specified in the notice, he shall be liable to a penalty of not less than one shilling and not exceeding ten shillings for every day during which he continues to make default; and the nuisance authority shall cause such house or part thereof to be cleansed and disinfected, and may recover the expenses incurred from the owner or occupier in a summary manner. When the owner or occupier of any such house or part thereof as is referred to in the section is from poverty or otherwise unable, in the opinion of the nuisance authority, effectually to carry out the requirements of the sec tion, such authority may, without enforcing such requirements on such owner or occupier, with his consent, at its own expense, cleanse and disinfect such house or part thereof and any articles therein likely to retain infection. The nuisance authority in each district may provide a proper place, with all necessary apparatus and attendance, for the disinfection of woollen articles, clothing, or bedding which have become infected, and they may cause any articles brought for disinfection to be disinfected free of charge. As regards the action of Boards of Guardians in disinfecting premises the following occurs in the seventh volume of the official circular of the Poor Law Commissioners, page 176. "The commissioners are of opinion that the guardians may properly cause the dwelling-house of any pauper actually sick of fever to be whitewashed and fumigated, and may supply to such pauper chloride of lime and other materials for that pur pose; such a course in fact constituting a portion of the means essential for the recovery of the sick person, assuming that the steps are taken under the advice and direction of the medical officer in attendance. The commissioners however are of opinion that the guardians cannot lawfully supply materials for the whitewashing or fumigating of houses at the cost of the Townships in which the paupers live by way of precaution merely." Further with regard to disinfection see ante, p. 158. § 5. CARRIAGES FOR CONVEYANCE OF INFECTED PERSONS. Provision is made for the conveyance of infected persons by the local authority, under the Diseases Prevention Act (23 & 24 Vict. c. 77, s. 12), but that provision did not extend to local authorities under the Nuisances Removal Act. It is now provided by the Sanitary Act, 1866, that it shall be lawful at all times for the nuisance authority to provide and maintain a carriage or carriages suitable for the conveyance of persons suffering under any contagious or infectious disease, and to pay the expense of conveying any person therein to a hospital or place for the reception of the sick or to his own home. from If any person suffering from any dangerous infectious dis- Penalty on order shall enter any public conveyance without previously person notifying to the owner or driver thereof that he was so suffer- suffering ing, he shall on conviction thereof before any justice be liable infectious to a penalty not exceeding £5, and shall also be ordered disorder by such justice to pay to such owner and driver all the losses entering and expenses they may suffer in carrying into effect the propublic convisions of the Act (see s. 38, post, p. 592); and no owner or without driver of any public conveyance shall be required to convey notice to any person so suffering until they shall have been first paid a driver. sum sufficient to cover all such losses and expenses. § 6. REMOVAL OF SICK TO HOSPITALS. veyance 29 & 30 Vict. c. 90, s. 25. of infectious Where a hospital or place for the reception of the sick is Removal of provided within the district of a nuisance authority, any justice persons sick may, with the consent of the superintending body of such disorders, hospital or place, by order on a certificate signed by a legally and without qualified medical practitioner, direct the removal to such hos- proper pital or place for the reception of the sick, at the cost of the lodging, in nuisance authority, of any person suffering from any dangerous contagious or infectious disorder, being without proper lodging or accommodation, or lodged in a room occupied by more than one family, or being on board any ship or vessel. any district. Ib. s. 26. persons Any nuisance authority may, with the sanction of the Local Power to Government Board, signified in manner provided by the Public remove to Health Act, 1858 (post, p. 580), lay down rules for the removal hospital sick to any hospital to which such authority is entitled to remove brought by patients, and for keeping in such hospital so long as may be ships. necessary, any person brought within their district by any ship Ib. s. 29. or boat who is infected with a dangerous and infectious disorder, and they may by such rules impose any penalty not exceeding £5 on any person committing any offence against the same. $7. MORTUARY HOUSES. may be Any nuisance authority may provide a proper place for the Places for the reception of dead bodies, and where any such place has been reception of provided and any dead body of one who has died of any in- dead bodies fectious disease is retained in a room in which persons live or provided at sleep, or any dead body which is in such a state as to endanger the public the health of the inmates of the same house or room is retained expense. in such house or room, any justice may, on a certificate signed Ib. s. 27. by a legally qualified medical practitioner, order the body to be removed to such proper place of reception at the cost of the nuisance authority, and direct the same to be buried within a |