Housing of The Working Classes Act, 1890
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THIRD SCHEDULE. | ||
Sects. 29, 32. | ||
Enactments applied for the purpose of Proceedings for Closing Premises in England, Scotland, and Ireland respectively. | ||
ENGLAND. | ||
Administrative County of London. | ||
29 &30 Vict. c. 90. | ||
[Sanitary Act, 1866 ( Section 21 ).[1] | ||
18 &19 Vict. c. 121. | ||
Nuisances Removal Act, 1855 ( Sections 8 , 12 , and 13 ).[1] | ||
Sanitary Act, 1866 ( Section 21 ). | ||
As to proceedings of nuisance authority under s. 12 of 18 &19 Vict. c. 121. | ||
s. 21. The nuisance authority . . . . shall, previous to taking proceedings before a justice under the twelfth section of the Nuisances Removal Act, 1855, serve a notice . . . . on the owner or occupier of the premises on which the nuisance arises, to abate the same, and for that purpose to execute such works, and to do all such things as may be necessary within a time to be specified in the notice: Provided, | ||
First, that where the nuisance arises from the want or defective construction of any structural convenience, or where there is no occupier of the premises, notice under this section shall be served on the owner: | ||
Nuisances Removal Act, 1855 ( Sections 8 , 12 , and 13 ). | ||
s. 8. The word nuisances under this Act shall include— | ||
Any premises in such a state as to be a nuisance or injurious to health | ||
Proceedings by local authority before justices in case of nuisances likely to recur, &c. | ||
s. 12. In any case where a nuisance is so ascertained by the local authority to exist, or where the nuisance in their opinion did exist at the time when the notice was given, and, although the same may have been since removed or discontinued, is, in their opinion, likely to recur or to be repeated on the same premises or any part thereof, they shall cause complaint thereof to be made before a justice of the peace, and such justice shall thereupon issue a summons requiring . . . the owner or occupier of the premises on which the nuisance arises, to appear before any two justices, in petty sessions assembled, at their usual place of meeting, who shall proceed to inquire into the said complaint; . . . | ||
s. 13. . . . . . . . and if the nuisance proved to exist be such as to render a house or building, in the judgment of the justices, unfit for human habitation, they may prohibit the using thereof for that purpose until it is rendered fit for that purpose in the judgment of the justices, and on their being satisfied that it has been rendered fit for such purpose, they may determine their previous order by another declaring such house habitable, from the date of which other order such house may be let or inhabited.] | ||
Elsewhere than London. | ||
Public Health Act, 1875 (Sections 91, 94, 95, and 97). | ||
38 &39 Vict. c. 55. | ||
s. 91. For the purposes of this Act— | ||
(1) Any premises in such a state as to be a nuisance or injurious to health . . . . . . . . | ||
shall be deemed to be nuisances liable to be dealt with summarily in manner provided by this Act. | ||
Local authority to serve notice requiring abatement of nuisance. | ||
s. 94. . . . . . . . . . the local authority shall . . . . . . serve a notice . . . . . . . . . . . . . . . . . on the owner or occupier of the premises on which the nuisance arises, requiring him to abate the same within a time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided— | ||
First. That where the nuisance arises from the want or defective construction of any structural convenience, or where there is no occupier of the premises, notice under this section shall be served on the owner: | ||
. . . . . . . | ||
On non-compliance with notice complaint to be made to justice. | ||
s. 95. If the person on whom a notice to abate a nuisance has been served makes default in complying with any of the requisitions thereof within the time specified, or if the nuisance, although abated since the service of the notice, is, in the opinion of the local authority, likely to recur on the same premises, the local authority shall cause a complaint relating to such nuisance to be made before a justice, and such justice shall thereupon issue a summons requiring the person on whom the notice was served to appear before a court of summary jurisdiction. | ||
Order of prohibition in case of house unfit for human habitation. | ||
s. 97. Where the nuisance proved to exist is such as to render a house or building, in the judgment of the court, unfit for human habitation, the court may prohibit the using thereof for that purpose until, in its judgment, the house or building is rendered fit for that purpose; and on the court being satisfied that it has been rendered fit for that purpose, the court may determine its previous order by another, declaring the house or building habitable, and from the date thereof such house or building may be let or inhabited. | ||
SCOTLAND. | ||
[30 & 31 Vict. c. 101.] | ||
Public Health (Scotland) Act, 1867[1] ( Sections 16 , 18 , and 19). | ||
s. 16. The word “nuisance” under this Act shall include— | ||
(a) Any insufficiency of size, defect of structure, defect of ventilation, want of repair or proper drainage, or suitable watercloset, or privy accommodation or cesspool, and any other matter or circumstance rendering any inhabited house, building, premises, or part thereof, injurious to the health of the inmates or unfit for human habitation or use— | ||
. . . . . . . | ||
Proceedings by local authority when nuisances are ascertained to exist. | ||
s. 18. In any case where the existence of a nuisance is ascertained to their satisfaction by the local authority, ., | ||
. and, although the same may have been since removed or discontinued, is in their opinion likely to recur or to be repeated, they may apply to the sheriff or to any magistrate or justice, by summary petition in manner herein-after directed, and if it appear to his satisfaction that the nuisance exists, or, if removed or discontinued since the demand of admission was made or the certificate was given, that it is likely to recur or to be repeated, he shall decern for the removal or remedy or discontinuance or interdict of the nuisance. ... | ||
† i.e., the sheriff, magistrate, or justice. | ||
s. 19. . and if the nuisance proved to exist be such as to render a house or building unfit for human habitation, he† may prohibit the using thereof for that purpose until it is rendered fit for that purpose, or do otherwise as the case may in his judgment require.] | ||
IRELAND. | ||
41 &42 Vict. c. 52. | ||
Public Health (Ireland) Act, 1878 (Sections 107, 110, 111, and 113). | ||
s. 107. For the purposes of this Act— | ||
(1) Any premises in such a state as to be a nuisance or injurious to health . shall be deemed to be nuisances liable to be dealt with summarily in manner provided by this Act. | ||
Sanitary authority to serve notice requiring abatement of nuisance. | ||
s. 110. the sanitary authority shall serve a notice on the owner or occupier of the premises on which the nuisance arises, requiring him to abate the same within a time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided— | ||
First. That where the nuisance arises from the want or defective construction of any structural convenience, or where there is no occupier of the premises, notice under this section shall be served on the owner: | ||
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On non-compliance with notice, complaint to be made to justice. | ||
s. 111. If the person on whom a notice to abate a nuisance has been served makes default in complying with any of the requisitions thereof within the time specified, or if the nuisance, although abated since the service of the notice, is, in the opinion of the sanitary authority, likely to recur on the same premises, the sanitary authority shall cause a complaint relating to such nuisance to be made before a justice, and such justice shall thereupon issue a summons requiring the person on whom the notice was served to appear before a court of summary jurisdiction. | ||
Order of prohibition in case of house unfit for human habitation. | ||
s. 113. Where the nuisance proved to exist is such as to render a house or building, in the judgment of the court, unfit for human habitation, the court may prohibit the using thereof for that purpose until, in its judgment, the house or building is rendered fit for that purpose; and on the court being satisfied that it has been rendered fit for that purpose the court may determine its previous order by another, declaring the house or building habitable and from the date thereof such house or building may be let or inhabited. | ||
[1 These enactments, already rep. except as to London, are rep. as to that administrative county by 54 &55 Vict. c. 76, s. 142; see now that Act.] [1 These enactments, already rep. except as to London, are rep. as to that administrative county by 54 &55 Vict. c. 76, s. 142; see now that Act.] [1 This Act is rep. and consolidated by 60 &61 Vict. c. 38, s. 196, see now that Act.] |