The Sun.
London, England, 1855-08-28 00:00:00

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GENERAL BOARD OF HEALTH.

NOTIFICATION AS TO THE NUISANCES RE-
MOVAL ACT, 1855.
(1849, Victoria, c. 121.)
The General Board of Health, being required to fur-
nish information for the removal of nuisances and pre-
ventible causes of disease, desires to call attention to the
provisions of the Nuisances Removal Act, 1855, which
has superseded the previous acts on the same subject in
England :-
1. Any premises in such a state as to be a nuisance
or injurious to health may be ordered by two justices in
petty sessions, or by a stipendiary magistrate, to be made
s.,fe and habitable, to be paved, cleansed, whitewashed,
disinfected, or purified, and sufficient privy accommoda-
tion, means of drainage, and ventilation to be provided ;
and while any house or building is rendered by a nuisance
unfit for human habitation, in the opinion of the justices,
the using of it for that purpose may be prohibited.
2. Any pool, ditch, gutter, watercourse, privy,
urinal, cesspool, drain, or ashpit, so "foul as to be a nui-
sance or injurious to health, may be ordered to be
drained, emptied, cleansed, "filled up,'amended, or re-
moved, and a substitute provided.
3. Any animal so kept as to be a nuisance or injurious
to health may be ordered to be kept in a cleanly and
wholesome state, and, if that he impossible, the animal
may be removed.
4. Any accumulation or deposit which is a nuisance
or injurious to health may be ordered to be carried
away.
Notice of a nuisance may be given by any person ag-
grieved thereby, or by any of the following persons :
The sanitary inspector or any paid officer under the
local authority, two or more inhabitant householders of
the parish or place to which the notice relates, the re-
lieving officer of the union or parish, any constable or
any officer of the constabulary or police force of the dis-
trict or place, and, in case the premises be a common
lodging-house, any person appointed for the inspection
of common lodging-houses.
The notice is to he given to one of the local authorities
in the following list, and, if more than one of them have
jurisdiction in the place where the nuisance arises, the
authority first mentioned is the one to which the notice
must be addressed :-
1. Where the Public Health Act is in force, the local
Board of Health.
2. In corporate towns (except the city of London,
Oxford, and Cambridge), the Town Council.
3. In the city of London, the Commissioners of
Sewers ; and in Oxford and Cambridge, the Improvement
Commissioners.
4. Where local improvement acts are in force, the
commissioners or trustees for the execution of such acts.
5. The Highway Board, if there be one.'
6. The Nuisance Removal Committee, which ought to
be chosen by the vestry under the act of 1855, where
none of the abovementioned authorities exist.
The Board of Inspectors for Lighting and Watch-
ing, under 3 and 4 Wrn. IV., c. 90, acting with the sur-
%revers of highways.
8. Where none cf the above-mentioned are to be found
the ,guardians and overseers of the poor and the surveyors
of the highways in and for the place.
In the metropolis the vestries and disf rict boards to be
elected under the Metropolis Local Management Act
will, on and after January 1, 1856. be the authority to
whom notice aid complaints must be addressed.
The local authorities are bound to appoint or join with
other local authorities in appointing a sanitary inspector,
and they have power of entry into the premises on
which the alleged nuisance is situated for them-
selves or their officers and, on being satisfied
that the complaint is well founded, are bound to bring
it before a justice, on whose summons the person
causincs the nuisance, "or, if be cannot be found or as-
certained, the owner or occupier of the premises where
it exists, will be summoned before two justices, by whom
the complaint will be inquired into, and an order made.
Even if the particular nuisance complained of have been
removed before proceedin:!:s are taken the local autho-
rities, if they have reasons for believing that it in likely
to recur, may summon the offender, and the justices
may in such a case make an order not for abatement but
for prohibition, or they may combine an order for
abatement with an order for prohibition, and direct the
works necessary to prevent a recurrencr., of the cause of
'complaint. The order of the justice may extend to
structural works, but in that case the act gives an ap-
peal. as it does against any order of prohibition.
The duty and cost of removinz the nuisance are thrown
in the first place on the person causing it, and, if be cannot
be found, on the owner or occupier in the next place,
according as the nuisance is one caused by act or default
of one or the other.
It is obvious that there are nuisances which no atten-,
tion orl an occupier's part can prevent, if an owner have
n"t provided certain appliances ; and, on the other hand,
nuisances for the prevention of which the utmost care
nr forethought of an owner is unavailing, if the occupier
be earelesS or per Verse.
When neither the person causing the nuisance, the
owner, nor the occupier can be got at, the duty of re.
moving. the nuisance devolves on the local authority,
and the cost must be defrayed out of the funds adminis-
tered by them. ,
Any person not obeying an order for abatement of a
nuisance is liable to a penalty of not more than 10s. per
dav during his default : and any person knowingly arid
wilfully acting contrary to the order of prohibition is
liable to a penalty of not more than 20s. per day during
such contrary action ; "and the local authority may
themselves remove or abate the nuisance, and charge
the cost to the person on whom the order has been
made.

Meat, vegetables, flour, &e., exposed for sale, or in
their way to, or in the course of being slaughtered,
dressed, or prepared for sale or use, or landed from any
ship, may be e-amined by the sanitary inspector, and,
if they appear to him unfit for human food, may be
seized
,and brought before a justice, who may make
order therein.'

The local authorities may direct complaint to be made
before justices of nuisances arising from noxious trades
or manufactures, and of any house which is so over-
crowded by inhabitants, consisting of more than one
family, as to be dangerous or prejudicial to their health.
The local authority may lay clown and keep in repair
a sewer or other structure along the course of any ditell,
gutter, drain, or watercourse wed, or partly used, for the
conveyance of sewage, and may assess parties using the
ditch as a means of sewerage to the expense, either in
one sum, or by instalments, or an annual payment.
All persons alluwing gas washing t 9 flow into any
place for water are rendered . liable to heavy penalties.
The local authority may direct any proceedings at law
or in equity in cases coming within the powers of this
act.

The General Board would strongly urge on the clergy,
employers of labour, and others whose avocations bring
them into contact with the classes of the population most
exposed to suffer from the nuisances to which this act re-
fers, the duty of informing themselves cf and diffusing
information as to the provisions of the act, and of doing
all they can to promote the election of committees for its
execution, especially in rural parishes.
By order of the board,
T. TAYLOR, Secretary.

August.

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