An Act to amend the Nuisances Removal and Diseases [28th June, 1866.] WHEREAS it is expedient that the provisions of the Act twentythird and twenty-fourth Victoria, chapter seventy-seven, as to the power of justices of the peace to act in cases other than appeals arising under "The Nuisances Removal Act for England, 1855," should be repealed, and that the said Act of the twenty-third and twenty-fourth Victoria, chapter seventy-seven, should be amended as hereinafter mentioned: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: repealed. Vict. I. The sixteenth section of the Act of the twenty-third and Sect. 16 of 23 & 24 twenty-fourth Victoria, chapter seventy-seven, shall be and is hereby C. 77, repealed. 11. No justice of the peace shall be deemed incapable of acting No justice to be incapable of in cases under the Nuisances Removal Act, or the Act of the acting because twenty third and twenty-fourth Victoria, chapter seventy-seven, member of body by reason of his being a member of any body thereby declared to authorized to (1) See 30 & 31 Vict. c. 113, s. 16. execute Act or liable to contribute. Short title. be the authority to execute the said Act, or by reason of his being a contributor or liable to contribute to any rate or fund out of which it is thereby provided that all charges and expenses incurred in executing the said Act, and not recovered as therein provided, shall be defrayed. III. This Act may be cited as "The Nuisances Removal Act (No. 1), 1866." Short title of 29 & 30 VICT. c. 90. (1) An Act to amend the Law relating to the Public Health. [7th August, 1866.] WHEREAS it is expedient to amend the law relating to Public Health Be it enacted by the Queen's Most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. I. This Act may be cited for all purposes as the Sanitary Act, 1866. Definition of "Sewer Authority:" "Lord Lieutenant in Council." This part to be construed with 28 & 29 Vict. C. 75. Power to sewer authority to PART. I. Amendment of the Sewage Utilization Act, 1865. II. "Sewer authority” in this Act shall have the same meaning as it has in the Sewage Utilization Act, 1865. The words "Lord Lieutenant in Council" shall mean in this Act the Lord Lieutenant or any Chief Governor or Chief Governors in Ireland acting by and with the consent of Her Majesty's Privy Council in Ireland, III. This part of this Act shall be construed as one with the Sewage Utilization Act, 1865, and the expression "The Sewage Utilization Act 1865," as used in this or any other Act of Parlia ment or other document, shall mean the said Sewage Utilization Act, 1865, as amended by this Act. IV. Any sewer authority may from time to time, at any meeting specially convened for the purpose, form one or more committee or committees consisting wholly of its own members, or bers and others. partly of its own members and partly of such other persons form committee of its own mem Contributing to the rate or fund out of which the expenses incurred by such authority are paid, and qualified in such other manner as the sewer authority may determine, and may delegate, with or without conditions or restrictions, to any committee so formed, all or any powers of such sewer authority, and may from time to time revoke, add to, or alter any powers so given to a committee. A committee may elect a chairman of its meetings. If no chairman is elected, or if the chairman elected is not present at the time appointed for holding the same, the members present (1) See 34 & 35 Vict. c. 70. shall choose one of their number to be chairman of such meeting. A committee may meet and adjourn as it thinks proper. The quorum of a committee shall consist of such number of members as may be prescribed by the sewer authority that appointed it, or, if no number be prescribed, of three members. Every question at a meeting shall be determined by a majority of votes of the members present, and voting on that question; and in case of an equal division of votes, the chairman shall have a second or casting vote. The proceedings of a committee shall not be invalidated by any vacancy or vacancies amongst its members. A sewer authority may from time to time add to, or diminish the number of the members or otherwise alter the constitution of any committee formed by it, or dissolve any committee. A committee of the sewer authority shall be deemed to be the agents of that authority, and the appointment of such committee shall not relieve the sewer authority from any obligation imposed on it by Act of Parliament or otherwise. district. V. Where the sewer authority of a district is a vestry, select Formation of vestry, or other body of persons acting by virtue of any Act of special drainage Parliament, prescription, custom, or otherwise, as or instead of a vestry or select vestry, (1) it may, by resolution at any meeting convened for the purpose after twenty-one clear days' notice affixed to the places where parochial notices are usually affixed in its district, form any part of such district into a special drainage district for the purposes of the Sewage Utilization Act, and thereupon such special drainage district shall, for the purposes of the Sewage Utilization Act, 1865, and the powers therein conferred, be deemed to be a parish in which a rate is levied for the maintenance of the poor, and of which a vestry is the sewer authority, subject, as respects any meeting of the inhabitants thereof in vestry, to the Act of the fifty-eighth year of the reign of King George the Third, chapter sixty-nine, and the Acts amending the same; and any officer or officers, who may from time to time be appointed by the sewer authority of such special drainage district for the purpose, shall have within that district all the powers of levying a rate for the purpose of defraying the expense of carrying the said Sewage Utilization Act into effect that they would have if such district were such parish as aforesaid, and such rate were a rate for the relief of the poor, and they were duly appointed overseers of such parish. special drainage VI. Where the sewer authority of any place has formed a special Appeal against drainage district in pursuance of this Act, if any number of the constitution of inhabitants of such place, not being less than twenty, feel aggrieved district. by the formation of such district, or desire any modification in its boundaries, they may, by petition in writing under their hands, (2) bring their case under the consideration of one of Her Majesty's principal Secretaries of State, and the said Secretary of State may after due investigation annul the formation of the special drainage district or modify its boundaries as he thinks just. VII. A copy of the resolution of a sewer authority forming a Evidence of special drainage district shall be published by affixing a notice formation of thereof to the church door of the parish in which the district is district. situate, or of the adjoining parish if there be no church in the said parish, and by advertising notice thereof, ih some newspaper special drainage Power to drain into sewers of published or circulating in the county in which such district is situate; and the production of a newspaper containing such advertisement, or a certificate under the hand of the clerk or other officer performing the duties of clerk for the time being of the sewer authority which passed the resolution forming the district, shall be evidence of the formation of such district, and after the expiration of three months from the date of the resolution forming the district, such district shall be presumed to have been duly formed, and no objection to the formation thereof shall be entertained in any legal proceedings whatever. VIII. Any owner (1) or occupier of premises within the district of a sewer authority shall be entitled to cause his drains to empty sewer authority. into the sewers of that authority on condition of his giving such notice as may be required by that authority of his intention so to do, and of complying with the regulations of that authority in respect of the mode in which the communications between such drains and sewers are to be made, and subject to the control of any person who may be appointed by the sewer authority to superintend the making of such communications; but any person causing any drain to empty into any sewer of a sewer authority without complying with the provisions of this section shall incur a penalty not exceeding twenty pounds, and it shall be lawful for the sewer authority to close any communication between a drain and sewer made in contravention of this section, and to recover in a summary manner from the person so offending any expenses incurred by them under this section. Use of sewers by district. IX. Any owner or occupier of premises beyond the limits of persons beyond the district of a sewer authority may cause any sewer or drain from such premises to communicate with any sewer of the sewer authority, upon such terms and conditions as may be agreed upon between such owner or occupier and such sewer authority, or in case of dispute may, at the option of the owner or occupier, be settled by two justices or by arbitration in manner provided by "The Public Health Act, 1848," in respect of matters by that Act authorized or directed to be settled by arbitration. (2) As to the drainage of houses. Supply of water to district of sewer authority. X. If a dwelling house within the district of a sewer authority is without a drain, or without such drain as is sufficient for effectual drainage, the sewer authority may by notice require the owner of such house within a reasonable time therein specified to make a sufficient drain emptying into any sewer which the sewer authority is entitled to use, and with which the owner is entitled to make a communication, so that such sewer be not more than one hundred feet from the site of the house of such owner; but if no such means of drainage are within that distance then emptying into such covered cesspools or other place not being under any house, as the sewer authority directs; and if the person on whom such notice is served fails to comply with the same, the sewer authority may itself, at the expiration of the time specified in the notice, do the work required, and the expenses incurred by it in so doing may be recovered from such owner in a summary manner. XI. A sewer authority within its district shall have the same powers in relation to the supply of water that a Local Board has within its district, and the provisions of the sections hereinafter (1) See 31 & 32 Vict. c. 115, S. 11. (2) See 11 & 12 Vict. c. 63, SS. 123-128, ante, pp. 635-636. 66 mentioned shall apply accordingly in the same manner as if in such provisions sewer authority" were substituted for "Local Board of Health" or "Local Board," and the district in such provisions mentioned were the district of the sewer authority and not the district of the Local Board; that is to say, the sections numbered from seventy-five to eighty, both inclusive, of the Public Health Act, 1848," (1) sections fifty-one, fifty-two, and fifty-three of the Local Government Act, 1858, (2) and section twenty of the Local Government Act (1858) Amendment Act, 1861. (3) The sewer authority may, if it think it expedient so to do, provide a supply of water for the use of the inhabitants of the district by (1.) Digging wells; (2.) Making and maintaining reservoirs ; (3.) Doing any other necessary acts; and they may themselves furnish the same, or contract with any other persons or companies to furnish the same: provided always, that no land be purchased or taken under this clause except by agreement or in manner provided by the Local Government Act, 1858. XII. Any expenses incurred by a sewer authority in or about the Expenses of supply of water to its district, and in carrying into effect the pro- in supplying sewer authority visions herein before in that behalf mentioned, shall be deemed to water. be expenses incurred by that authority in carrying into effect the Sewage Utilization Act, 1865, and be payable accordingly. (4) XIII. All property in wells, fountains, and pumps, and powers in Wells, etc., berelation thereto, vested in the nuisance authority by the seventh longing to any place vested in section of the Act passed in the session of the twenty-third and sewer authority, twenty-fourth years of the reign of Her present Majesty, chapter etc., 23 & 24 seventy-seven, (5) shall vest in the sewer authority, where the sewer authority supplies water to its district. Vict. c. 77, S. 7. PART II. Amendment of the Nuisances Removal Acts. Nuisances XIV. The expression "Nuisances Removal Acts" shall mean Definition of the Acts passed in the years following of the reign of Her present Removal Acts." Majesty, that is to say, the one in the session of the eighteenth and nineteenth years, chapter one hundred and twenty-one, and the other in the session of the twenty-third and twenty-fourth years, chapter seventy-seven, as amended by this part of this Act; and this part of this Act shall be construed as one with the said Acts, and all expenses incurred by a nuisance authority in carrying into effect any of the provisions of this part of this Act shall be deemed to be expenses incurred by it in carrying into effect the Nuisances Removal Acts. XV. "Nuisance authority" shall mean any authority empowered Definition of to execute the Nuisances Removal Acts. "nuisance authority. XVI. In any place within the jurisdiction of a nuisance authority Power of police the chief officer of police within that place, by and under the direc- with respect to nuisances. |