View report page

25
I will shortly recapitulate the provisions of these Acts, so far as
they are applicable, and point out and compare the powers conferred
by them on the Local Authorities.
(a) "The Nuisances Removal Acts: "
In order to ground proceedings under these, a " Nuisance" must
be first proved.
By the eighth section of the "Nuisances Removal Act," 1855,
the word nuisance is defined to include" Any premises in suoh a
state as to be a nuisance or injurious to health."
Any drain or ashpit so foul as to be a nuisance or injurious to
health.
Any animal so kept as to be a nuisance.
Any accumulation or deposit, which is a nuisance.
The Sanitary Act, 1866, another of the series, extends the
definition to houses over-crowded, to factories or workshops badly
ventilated, or not kept in a cleanly state, and to furnaces, which do
not consume their own smoke. It has been decided that the
nuisance must be injurious to health.
The procedure to be adopted is as follows:—
The existence of a nuisance having been reported to the Vestry
or Sanitary Committee, its abatement may be resolved on. The
first step is under the Sanitary Act, 1866, Sec. 21, which requires
a notice to abate the nuisance to be served on the person, by whose
act, default, or sufferance the nuisance arises. If this notice be
disregarded, then a summons, returnable before two Justices or
before a Police Magistrate, may be taken out, and if, on the hearing,
it be proved to the satisfaction of the Justices, that a nuisance
exists, or did exist at the time of the notice, and is likely to recur,
then the Justices may make an order, requiring the person, on whom
it is made, to make the premises safe and habitable, or to do such
other works or acts, as are necessary to abate the nuisance complained
of, in such manner, and within such time, as in such order, shall be
specified.* If the Justices are of opinion, that such or the like
nuisance is likely to recur, they may further prohibit the recurrence
* Sec. 13 of the Act details some of these things.