£ for costs, and if the amount thereof be paid to the plaintiff or to his attorney within four days from the service hereof, further proceedings will be stayed.' "But the defendant shall be at liberty, notwithstanding such payment, to have the costs taxed, and if more than one-sixth shall be disallowed, the plaintiff's attorney shall pay the

THIS Act came into operation on the 25th instant; but in the form of the Writ given in the Schedule, and the Indorsements to be made thereon, it has been suggested that there appears to be an omission in one of the indorsements, for though it is provided that costs of taxation." where final judgment is signed after the expiration of 12 days from the service, the costs shall be added, there is no express provision for the costs of the writ where the defendant pays the amount of the bill within days.

In a useful Edition of the Act by Mr. O. B. C. Harrison, the Editor intimates, that probably the omission cannot be supplied by the plaintiff; and that the defect should be remedied next Session.

We have received some suggestions on the subject of the costs under the new Act, the items of which are to be fixed by the Masters and approved by the Judges; but it will be premature to consider those items, until the first important question has been decided by the Judges,-whether the preliminary costs of the writ can be recovered.

The number of days within which the tender of the amount due on the bill and interest, with the expenses of noting, is left blank in the schedule. Whether it should be filled up with the usual time of four days or extended to twelve when the judgment may be signed, does not appear.

These doubts, which have been raised by some of the practitioners in the Common Law Courts, appears to be answered by the provision in the 7th section of the new Act, whereby the Common Law Procedure Acts of 1852 and 1854, and the Rules made thereunder, are incorporated into this Act.

By the 8th section of the Common Law Procedure Act (15 & 16 Vict. c. 76), it is enacted, that

"Upon the writ and copy of any writ served for the payment of any debt the amount of the debt shall be stated, and the amount of what the plaintiff's attorney claims for the costs of such writ copy and service, and attendance to receive |

Published by Wildy and Son. There are other doubts to be considered on the practical working of the Act, particularly as to proceedings against several parties to a bill.

By this provision the doubt seems to be removed, and in issuing writs under the new Act, one of the indorsements thereon should include the words "together with costs to be taxed," until the amount be fixed, and when fixed, such amount should be stated in the writ.

NEW STATUTES EFFECTING ALTE-
RATIONS IN THE LAW.

THE Acts relating to the Law of the present Session, printed in the Legal Observer, with an Analysis to each, will be found at the following pages:

p.

Purchasers' Protection, 18 Vict. c. 15,-p. 5.
Lunacy Regulation Act, c. 13,-p. 32.
Commons' Inclosure, c. 14, p. 32.
Newspaper Stamp Duties, c. 27,—p. 137.
Sewers (House Drainage), c. 30,―p. 139.
House of Commons' Proceedings, c. 33,-
139.

Income Tax, c. 20,-p. 197.

Stannary Courts' Jurisdiction, c. 32, pp. 214, 236.

Administration of Oaths Abroad, 18 & 19
Vict. c. 42,-p. 175.

Abolition), c. 41,-p. 176.
Ecclesiastical Courts (Defamation Suits

Common Law Pleadings, c. 26,—p. 176.
Infants' Marriage Settlements, c.33, p. 198.
Palatine of Lancaster Trials, c. 45,-p. 241.
Bills of Exchange and Promissory Notes,
c. 67,-p. 256.

Cinque Ports, c. 48, p. 258.

Commons Inclosure (No. 2), c. 61,-p. 275. Incumbered Estates Acts (Ireland) Continuance, c. 73,-p. 276.

Places of Religious Worship Registration, c. 81,-p. 276.

Friendly Societies, c. 63, pp. 296, 319, 342.
Limited Liability, c. 133,-p. 316.
Despatch of Business, Court of Chancery, c.
134,-p. 338.

Charitable Trusts, 1855, c. 124,—p. 358.
Crown Suits, c. 90,-p. 376.

Criminal Justice, c. 126,-p. 377.

Merchant Shipping Amendment Act, c. 91,

-p. 395.

New Statutes effecting Alterations in the Law.

OCT. 27, 1855.]

New Statutes effecting Alterations in the Law.

Provided always, that in the city of Oxford
and borough of Cambridge such expenses
shall be deemed annual charges and ex-
penses of cleansing the streets of the said
city and borough respectively, and shall
be so payable;

Out of the rates levied for purposes of im-
provement under any Improvement Act,
where the local authority is a body of
trustees or Commissioners acting in exe-
cution of the powers of such an Act;
Out of highway rates, or any fund applicable
in aid or in lieu thereof, where the local
authority is a highway board, or a nui-
sances removal committee;

Out of the rates for lighting and watching,
where the local authority is a board of
inspectors appointed for lighting and
watching;

And if there be no such rates or funds, or if
the local authority be the guardians and
surveyors of highways, then out of the
rates or funds applicable to the relief of
the poor of the parish or place wherein
such rates or funds are collected or arise,
if such parish or place be co-extensive
with the district within which the charges
and expenses are incurred, but if such
parish or place be now or hereafter shall
be partly comprised within and partly
without the limits of a place where a local
authority, other than a highway board,
nuisance removal committee, inspectors of
watching and lighting, and surveyors or
guardians and surveyors, exists or shall
exist, all the charges and expenses incur-
red in the district comprising that part of
the parish or place which is excluded from
such limits shall be defrayed out of any
highway rate or rates, or any funds ap-
plicable in lieu thereof, collected or raised
within the part so excluded; and if there
be more than one highway rate collected
within such district, the local authority
shall settle the proportion in which the
respective parties or places liable thereto
shall bear such charges and expenses;
and if any portion of such excluded part
be exempt from such highway rate or
rates, then all the charges and expenses
incurred in the whole of such excluded
part shall be defrayed out of any district
police rate or other rate which may by the
Act 12 & 13 Vict. c. 65, be raised and as-
sessed upon such excluded part:
And when the local authority has no control
of such rates or funds, the officer or per-
son having the custody or control thereof
shall pay over the amount to the local
authority, on the order of two justices, di-
rected to such officer or person; and on
neglect or refusal to pay the sum specified
in such order for six days after the ser-
vice thereof, the same inay, by warrant
under the hands of the same or any two
justices, be levied by distress and sale of
the goods and chattels of the officer or
person in default, and such levy shall in-

497

clude the costs of such distress and sale: In extra-parochial places having a population of not less than 200 persons, out of a rate assessed by the local authority on all such property in the place as would be assessable to highway rate if such rate were levied therein :

In extra-parochial places having a population of less than 200 persons, out of a similar rate assessed by the surveyor of highways of the adjacent place having the largest common boundary with such extraparochial place :

And the local authority in the first case, and the surveyor of highways in the second, may levy and collect the sums so assessed, in the same manner, and with the same remedies in case of any default in payment thereof, and with the same right of appeal against the amount of such assessment reserved to the person assessed, as are provided by the law in force for the time being with regard to rates for the repair of highways; s. 7.

The word "Nuisances" under this Act shall include

Any premises in such a state as to be a
nuisance or injurious to health:
Any pool, ditch, gutter, watercourse, privy,

urinal, cesspool, drain, or ashpit so foul

as to be a nuisance or injurious to health: Any animal so kept as to be a nuisance or injurious to health:

Any accumulation or deposit which is a

nuisance or injurious to health: Provided always, that no such accumulation or deposit as shall be necessary for the effectual carrying on of any business or manufacture shall be punishable as a nuisance under this section, when it is proved to the satisfaction of the justices that the accumulation or deposit has not been kept longer than is necessary for the purposes of such business or manufacture, and that the best available means have been taken for protecting the public from injury to health thereby; s. 8.

Power to local authority to appoint a sanitary inspector, and allow him a proper salary; s. 9. Notice of nuisances to be given to local authority, &c., to ground proceedings; s. 10.

The local authority shall have power of entry for the following purposes of this Act, and under the following conditions:

1. To ground proceedings.

For this purpose, when they or any of their officers have reasonable grounds for believing that a nuisance exists on any private premises, demand may be made by them or their officer, on any person having custody of the premises, for admission to inspect the same at any hour between nine in the morning and six in the evening; and if admission be not granted, any justice having jurisdiction in the place may, on oath made before him of belief in the existence of the nuisance, and after reasonable notice of the intended application to such justice being given in writing to the party on whose premises the nuisance is believed to exist, by

498

New Statutes effecting Alterations in the Law. [LEGAL OBSERVER,

order under his hand require the person hav-writing under their hands and seals on such

ing the custody of the premises to admit the local authority or their officer; and if no person having custody of the premises can be discovered, any such justice may and shall, on oath made before him of belief in the existence of such nuisance, and of the fact that no person having custody of the premises can be discovered, by order under his hand authorise the local authority or their officers to enter the premises between the hours aforesaid.

person, owner, or occupier for the abatement or discontinuance and prohibition of the nuisance as hereinafter mentioned, and shall also make an order for the payment of all costs incurred up to the time of hearing or making the order for abatement or discontinuance or prohibition of the nuisance; s. 12.

By their order the justices may require the person on whom it is made to provide sufficient privy accommodation, means of drainage or 2. To examine premises where nuisances ventilation, or to make safe and habitable, or to exist, to ascertain the course of drains, pave, cleanse, whitewash, disinfect, or purify and to execute or inspect works ordered the premises which are a nuisance or injurious by justices to be done under this Act. to health, or such part thereof as the justices For these purposes, whenever, under the may direct in their order, or to drain, empty, provisions of this Act, a nuisance has been as- cleanse, fill up, amend, or remove the injuricertained to exist, or when an order of abate-ous pool, ditch, gutter, watercourse, privy, ment or prohibition under this Act has been made, or when it becomes necessary to ascertain the course of a drain, the local authority may enter on the premises, by themselves or their officers, between the hours aforesaid, until the nuisance shall have been abated, or the course of the drain shall have been ascertained, or the works ordered to be done shall have been completed, as the case may be.

3. To remove or abate a nuisance in case of non-compliance with or infringement of the order of justices, or to inspect or examine any carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour, under the powers and for the purposes of this Act.

For this purpose the local authority or their officer may from time to time enter the premises where the nuisance exists, or the carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour is found, at all reasonable hours, or at all hours during which business is carried on on such premises, without notice; s. 11.

2. Removal of Nuisances.

urinal, cesspool, drain, or ashpit which is a nuisance or injurious to health, or to provide a substitute for that complained of, or to carry away the accumulation or deposit which is a nuisance or injurious to health, or to provide for the cleanly and wholesome keeping of the animal kept so as to be a nuisance or injurious to health, or if it be proved to the justices to be impossible so to provide, then to remove the animal, or any or all of these things (according to the nature of the nuisance), 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; and if the justices are of opinion that such or the like nuisance is likely to recur, the justices may further prohibit the recurrence of it, and direct the works necessary to prevent such recurrence, as the case may in the judgment of such justices require; 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.

Penalty for contravention of order of abatement; and of prohibition. Local authority may enter and remove or abate nuisance; s. 14.

Any such order of prohibition may be appealed against as provided in this Act; s. 15.

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 person by whose act, default, When it shall appear to the justices that the permission, or sufferance the nuisance arises execution of structural works is required for or continues, or if such person cannot be the abatement of a nuisance, they may direct found or ascertained, the owner or occupier of such works to be carried out under the directhe premises on which the nuisance arises, to tion or with the consent or approval of any appear before any two justices, in petty sessions public board, trustees, or Commissioners havassembled at their usual place of meeting, who ing jurisdiction in the place in respect of such shall proceed to inquire into the said com- works; and if within seven days from the date plaint; and if it be proved to their satisfaction of the order the person on whom it is made that the nuisance exists, or did exist at the shall have given notice to the local authority time when the notice was given, or, if re- of his intention to appeal against it as promoved or discontinued since the notice was vided in this Act, and shall have entered into given, that it is likely to recur or to be re-recognizances to try such appeal as provided peated, the justices shall make an order in by this Act, and shall appeal accordingly, no

ост. 27, 1955.]

New Statutes effecting Alterations in the Law.

liability to penalty shall arise, nor shall any work be done nor proceedings taken under such order, until after the determination of such appeal, unless such appeal cease to be prosecuted; s. 16.

Whenever it appears to the satisfaction of the justices that the person by whose act or default the nuisance arises, or the owner or occupier of the premises, is not known or cannot be found, then such order may be addressed to and executed by such local authority, and the cost defrayed out of the rates or funds applicable to the execution of this Act; s. 17.

Any matter or thing removed by the local authority in pursuance of this enactment may be sold by public auction, after not less than five days' notice by posting bills distributed in the locality, unless in cases where the delay would be prejudical to health, when the justices may direct the immediate removal, destruction, or sale of the matter or thing; and the money arising from the sale retained by the local authority, and applied in payment of all expenses incurred under this Act with reference to such nuisance, and the surplus, if any, shall be paid, on demand, by the local authority, to the owner of such matter or thing; s. 18.

All reasonable costs and expenses from time to time incurred in making a complaint, or giving notice or in obtaining an order of justices under this Act, or in carrying the same into effect under this Act, shall be deemed to be money paid for the use and at the request of the person on whom the order is made; or if the order be made on the local authority, or if no order be made, but the nuisance be proved to have existed when the complaint was made or the notice given, then of the person by whose act or default the nuisance was caused; and in case of nuisances caused by the act or default of the owner of premises, the said premises shall be and continue chargeable with such costs and expenses, and also with the amount of any penalties incurred under this Act, until the same be fully discharged, provided that such costs and expenses shall not exceed in the whole one year's rackrent of the premises; and such costs and expenses and penalties, together with the charges of suing for the same, may be recovered in any County or Superior Court, or, if the local authority think fit, before any two justices of the peace; and the said justices shall have power to divide such costs, expenses, and penalties between the persons by whose act or default the nuisance arises, in such manner as they shall consider reasonable; and if it appear to them that a complaint made under this Act is frivolous or unfounded, they may order the payment by the local authority or person making the complaint of the costs incurred by the person against whom the complaint is made, or any part thereof; s. 19.

Where any costs, expenses, or penalties are due under or in consequence of any order of justices made in pursuance of this Act as afore said, any justice of the peace, upon the appli

499

cation of the local authority, shall issue a summons requiring the person from whom they are due to appear before two justices at a time and place to be named therein; and upon proof tothe satisfaction of the justices present that any such costs, expenses, or penalties are so due, such justices, unless they think fit to excuse the party summoned upon the ground of poverty or other special circumstances, shall, by order in writing under their hands and seals, order him to pay the amount to the local authority at once, or by such instalments as the justices think fit, together with the charges attending such application and the proceedings thereon; and if the amount of, such order, or any instalment thereof, be not paid within 14 days after the same is due, the same may, by warrant of the said or other justices, be levied by distress and sale; s. 20.

Surveyors of highways to cleanse ditches, &c., paying owners, &c., for damages; s. 21. Power to local authority to cover and improve open ditches, &c.; s. 22.

Penalty for causing water to be corrupted by gas washings; s. 23.

Penalty to be sued for in Superior Courts within six months; s. 24.

Daily penalty during the continuance of the offence; s. 25.

Penalty on sale of unwholesome meat, &c.; s. 26.

If any candle house, melting house, melting place, or soaphouse, or any slaughter-house, or any building or place for boiling offal or blood, or for boiling, burning, or for crushing bones, or any manufactory, building, or place used for any trade, business, process, or manufacture causing effluvia, be at any time certified to the local authority by any medical officer, or any two legally qualified medical practitioners, to be a nuisance or injurious to the health of the inhabitants of the neighbourhood, the local authority shall direct complaint to be made before any justice, who may summon before any two justices in petty sessions assembled at their usual place of meeting the person by or in whose behalf the work so complained of is carried on, and such justices shall inquire into such complaint, and if it shall appear to such justice that the trade or business carried on by the person complained against is a nuisance, or causes any effluvia injurious to the health of the inhabitants of the neighbourhood, and that such person shall not have used the best practical means for abating such nuisance or preventing or counteracting such effluvia, the person so offending (being the owner or occupier of the premises or being a foreman or other person employed by such owner or occupier,) shall, upon a summary conviction for such offence, forfeit and pay a sum of not more than 57. nor less than 40s., and upon a second conviction for such offence the sum of 10l. and for each subsequent conviction a sum double the amount of the penalty im posed for the last preceding conviction, but the highest amount of such penalty shall not in any case exceed the sum of 2001. Provided