c. 63.

and an ashpit, or either of them, or do such 11 & 12 VICT. other works as the case may require; and the expenses incurred by them in so doing shall be recoverable by them from the owner in a summary manner, or, by order of the said local board, shall be declared to be private improvement expenses, and be recoverable as such in manner herein-after provided :

Provided always, that where a watercloset or privy has been and is used in common by the inmates of two or more houses, or if, in the opinion of the said local board, a watercloset or privy may be so used, they need not require the same to be provided for each house.

52.

Certain

waterclosets

structed in

LII. And be it enacted, that if at any time Carlo it appear to the local board of health, upon the to be con report of the surveyor, that any house is used factories, &c. or intended to be used as a factory or building in which persons of both sexes, and above twenty in number, are employed or intended to be employed at one time in any manufacture, trade, or business, the said local board may, if they shall think fit, by notice in writing to the owner or occupier of such house,--require them or either of them, within a time to be specified in such notice, to construct a sufficient

that were it not for the reasons stated it might appear unaccountable that any mention of the repairs of these noxious receptacles for decomposing matters should be made in an Act, one great result of the effectual carrying out of which must be the doing away with cesspools altogether.

number of waterclosets or privies for the separate use of each sex;

And whosoever neglects or refuses to comply with any such notice shall be liable for each default to a penalty not exceeding twenty pounds, and a further penalty not exceeding forty shillings for every day during which the default is continued.

LIII. And be it enacted, that, fourteen days at the least (u) before beginning to dig or lay out the foundations of or for any new house, -or to rebuild any house pulled down to the extent aforesaid, the person intending so to build or rebuild shall give to the local board of health written notice thereof,--together with the level or intended level of the cellars or lowest floor,--and the situation and construction of the privies and cesspools to be built, constructed, or used in connexion with such house;

And it shall not be lawful to begin to build or rebuild any such house, or to build or construct any such privy or cesspool, until the particulars so required to be stated have been approved by the said local board;

And in default of such notice, or if any such house, privy, or cesspool be built, rebuilt, or

(u) The fourteen days must be exclusive of the day of serving the notice, and of the day when the digging is commenced. (Norton's case, 4 C. B. 32; the Queen v. Salop, 3 N. & P. 286.)

c. 63.

constructed as aforesaid without such approval, 11 & 12 VICT. or in any respect contrary to the provisions of this Act, the offenders shall be liable to a penalty not exceeding fifty pounds;

And the said local board may, if they shall think fit, cause such house, privy, or cesspool to be altered, pulled down, or otherwise dealt with as the case may require,--and the expenses incurred by them in so doing shall be repaid by the offender, and be recoverable from him in the summary manner herein-after provided:

Provided always, that if the said local board fail to signify their approval or disapproval of the said particulars for the space of fourteen days after receiving such notice it shall be lawful to proceed according to such notice if the same be otherwise in accordance with the provisions of this Act.

54.

Local board to provide that drains,

&c. do not

LIV. And be it enacted, that the local board of health shall see and provide that all drains waterciosets, whatsoever, and the waterclosets, privies, cess- become a pools, and ashpits within their district, are constructed and kept so as not to be a nuisance or injurious to health;

And the surveyor may, by written authority of the said local board (who are hereby empowered to grant such authority, upon the written application of any person showing that the drain, watercloset, privy, cesspool, or ashpit, in respect of which application is made, is a

nuisance.

PUBLIC

HEALTH ACT, 1848.

nuisance or injurious to health, but not otherwise),——and after twenty-four hours' notice in writing, or in case of emergency without notice, to the occupier of the premises to which such drain, watercloset, privy, cesspool, or ashpit is attached or belongs,- -enter such premises, with or without assistants, and cause the ground to be opened, and examine and lay open such drain, watercloset, privy, cesspool, or ashpit;

And if the drain, watercloset, privy, cesspool or ashpit in respect of which such examination is made be found to be in proper order and condition, he shall cause the ground to be closed, and any damage done to be made good as soon as can be, and the expenses of the works shall be defrayed by the said local board;

But if upon such examination such drain, watercloset, privy, cesspool, or ashpit appear to be in bad order and condition, or to require alteration or amendment, he shall cause the ground to be closed,and the said local board shall cause notice in writing to be given to the owner or occupier of the premises upon or in respect of which the examination was made, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works;

And if such notice be not complied with, the person to whom it is given shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default,

c. 63.

and the said local board may, if they shall 11 & 12 VICT. think fit, execute such works, and the expenses incurred by them in so doing shall be recoverable by them from the owner in a summary manner, or, by order of the said local board, shall be declared to be private improvement expenses, and be recoverable as such in the manner herein-after provided.

55.

LV. And be it enacted, that the local board of health shall from time to time and at all convenient times provide that all streets within their district, including the foot pavements thereof, are properly swept, cleansed and watered, and that all dust, ashes, rubbish, filth, dung, and soil thereon are collected and removed;

And they may make bye-laws with respect to the removal by the occupier, or (in case of his default) by the said local board, of dust, ashes, rubbish, filth, manure, dung, and soil collected, placed, or found in or about any house, stable, cowhouse, street, or place whatsoever, and for preventing the deposit thereof in or by the side of any street, or so as to be a nuisance to any person, and with respect to the times and manner of cleansing and emptying waterclosets, privies, and cesspools.

56.

Cleansing of streets, removal of

dust, &c.

Local board

to cause

LVI. And be it enacted, that the local board of health may, in their discretion, provide, in places for proper and convenient situations, boxes or other

deposit of