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19. From and after the passing of this Act, Wbera r«iae
section one hundred and sixteen of the said Act ^S^^tatT*

« These sections aatborized the rating of the immediate lessor
imtesd of thaoceopior on agreeraeai between the iwrties (see
pp. 61, 107).


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" 388 JRcUing Immediate Lessors. [Part II. 4.

** * 'J/*^' ^^ *^® ivhirfceenth and fourteenth years of the reign

Bbprsbsn- of Her present Majesty, chapter sixty-nine^, and

or THE 80 fieu- as regards poor rate in respect of lands,

pcoias Act, tenements, and hereditaments of which the net

.' annual value shall be more than four pounds,

boroughs is the sixty-third section of the Act of the twelfth
than £4, the and thirteenth years of the reign of Her present
mftde'on'ihfl ^AJesty, chapter ninety-one^ shall be and the
immediate same are hereby repealed ; and whenever the net
**~"' annual value of the whole of the rateable heredita-
ments in any electoral division situate wholly or
in part in any of the boroughs of Dublin, Cork,
Lim^eriek, Belfast, or Water/ord, occupied by any
person or persons having no greater estate or in-
terest therein than a tenancy from year to year, or
holding under a lease or agreement, leases or
agreements, made after the twenty-fourth day of
August, one thousand eight hundred and forty-
three, shall not exceed four pounds, the poor rate
in respect of such property shall, after the passing
of this Act, be made on the immediate lessor or
lessors of such person or persons ; and if at the
time of making any such rate the name of the
immediate lessor be not accurately known to the
persons making the rate, it shall be sufficient to
describe him therein as the " immediate lessor,"
with or without any name or further addition, and
such rate shall be held to be duly made on him by
such description, and shall be recoverable from
him accordingly, notwithstanding any error or
defect in his name or description, or the entire
omission of his name therein.

OenSSof ^^- ^^^ ^^ ^^^ *^® passing of this Act the
rates to Clerk of each poor law union comprising any part
"'^olJifor ^^ parts of the city of Dublin shall exclude from
^•^ejtjof the list or lists to be made by him, in pursuance
of the thirty-second section of the said Act of the
thirteenth and fourteenth years of the reign of
Her present Majesty, chapter sixty-nine", every
person who shall be rated as the occupier of any
lands, tenements, or hereditaments situate within

* See p. 881. >> See p. 833. ' See p. 37$.

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Part IL 4.] CoUectar-General to make Lists far Dublin. 38^

the municipal district of DMin, as defined by an •' VJo^"^'
Act passed in the third year of the reign of Her Rspmuk-
present Majesty, intituled An Act for the Regvlor Si^TaJ
tion ofMumcipal Corporations in Ireland^ and the Pw>pl« act»

CoU^jtor-General of rates for the city of Dublin .*

shall, on or before the eighth day oiJuly in every
year, make out and transmit to the Town Clerk
of the city of Dublin a list of every man of full
age who shall be rated in the books of the said
OoUector-Greneral of rates for the said city in the
then last rate made under the Act of the twelfth
and thirteenth years of the reign of Her present
Majesty, intituled An Act to provide /or the CoUec-
tion of Bodes in the City of Dubliny as the occupier
of any lands, tenements, or hereditaments situated
withm the municipal district ofDMin, as defined
as aforesaid, of a net annual value of more than
four pounds, and of eveiy person who shall be rated
in the said books in the then last rate made as
aforesaid jointly with any other person or persons
as the occupiers of any lands, tenements, or here-
ditaments situated within the said municipal dis-
trict of a net annual value of such an amount as
when divided by the number of occupiers would
give to each such occupier a net annual value of
more than four pounds; excluding nevertheless from
such list every such occupier and every such joint
occupier who shall not on or before the first day
of Jtdy in such year have paid all poor rates (if
any) which shall have become payable by him in
re^>ect of such premises previously to the first'
day of January/ then last ; and such lists shall be
in the form and shall contain the particulars
mentioned on Form No. 6 in the schedule (B) an-
nexed to the said Act of the thirteenth and four-
teenth years of the reign of Her present Majesty,
chapter sixty-nine ; and such list shall be signed
by the said Collector-General, and shall be venfied
by him as true, according to the best of his belief,
by an oath or declaration to be made by him before
some Justice of the Peace acting in and for the
city of Dublin^ and which oath or declaration any
such Justice is hereby authorized and required to

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RegufTcUion of Voters, [Pabt IL 4.

31 ft 8S Vie.

Corteln pro^
TiMona of
c 69, to
apply to Col-
n\ of rates.
Rom UD ora-
tion of Collec-
-of rate*.

22. The provisions of the sixty-sixth and sixty-
seventh sections of the said Act of the thirteenth
and fourteenth years of the reign of Her present
Majesty, chapter sixty-nine,* shall ajiply to the
said Collector-Greneral of rates as fcdly as the same
apply to the Clerk t)f any union.

23. The Guardians of the Poor of each union
comprising any parts of the city of Dublin shall, by
an order, make such annual allowance out of the
rates to the said Collector-General of rates as a
compensation for the duty by this Act imposed
upon him as the said Guardians shall think proper ;
but no such order shall be acted on, or any pay-
ment made thereunder, until the same shall be
approved of by the Poor Law Commissioners, and
the payments sanctioned by them.

31 A 32 Vic.





31 & 32 Vict. Cap. 112.
An Act to amend the Law of Begistration in


[Z\8t JvXy, 1868.]

[§ 1 to 30 relate to registration for the year
1868, and do not appear to have any operation
in relation to subsequent years.]
Lbuto b« 31. In counties, cities, towns, and boroughs the
»«jade out in ijyts to be made out and transmitted by the Clerics
order. '** of poor law unions under the provisions of the
principal Act^ and in the county of the dty of
Dublin the list to be made out and transmitted
by the Collector- General of rates under section
twenty-one of " The Representation of the People
{Ireland) Act, 1868,** shall, in the year one thou-
sand eight hundred and sixty-nine, and in every
succeeding year, be respectively made out in alpha-
betical order.

ft See pp. 878, 379.

** The *' Principal Act " is defined hj the first section of this
Act to mean the Act of the 13 fc 14 Vic. c 69, M amended by
the Act 31 & 32 Vic. c. 49.


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Part U. 5.] Sewer Auth&rity, 891


29 & 30 Vict. Cap. 90. » * 3o vio.


An Act to amend the Law relating to the Public ^Tw *'''
Health. !!!f

\lth August, 1866.]

Whsrjbas it is expedient to amend the law re-
lating to public health: Be it enacted by the
Qoeen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parlia-
Bient assembled, and by the authority of the same,
as follows : —


1. This Act may be cited for all purposes as short title
** The Sanitary Act, 1866." *»^ ^''•

Part I.
AmendTtieni of the Sewage Utilization Act, 1865*.

2. " Sewer Authority " in this Act shall have Definition
the same meaning as it has in "The Sewage o^* u""*.? . .
Utilization Act, 1865»».; ^"'"'"'^

The words " Lord Lieutenant id Council " shall " ^ord Licu-
mean in this Act the Lord Lieutenant or any coandL"
Chief Governor or Chief Governors in Ireland
acting by and with the consent of Her Majesty^s
Privy Coimcil in Ireland,

3. This part of this Act shall be construed as xhb part to
one with "The Sewage Utilization Act, 1865," J;?jj;>;»^™^

Vic. 0. 75.

• See 28 * 29 Via c. 75 (p. 420).

^ But the definition of "Sewer Authority'' as given in that
Act It amended, as regards Ireland, by this Act, § 5tt (p. 413), and
first tcbednle (p. 419).

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^92 Sewer ArUhority. [Part II. 5.

^ * ^^^' ^^^ *^® expression " The Sewage Utilization Act,
Sanitary. 1865," as used in tliis OT any other Act of Parlia-
^^' ment or other document, shall mean the said
— " Sewage Utilization Act, 1866," as amended by
this Act.
Power to 4. Any Sewer Authority may from time to time,

Authority ** ^^Y meeting specially convened for the purpose,
to form Com- form onc or more Committee or Committees con-
Srn mem- sisting wholly of its own members, or partly of
Jjjj^d it own members and partly of such other persons
contributing to the rate or fiind out of which tiie
expenses incurred by such Authority are paid, and
qualified in such other manner as the Sewer Autho-
rity may determine, and may delegate, with or
without conditions or restrictions, to any Commit-
tee so formed, all or any powers of such Sew^r
Authority, and may from time to time revoke, add
to, or alter any powers so given to a Committee.

A Committee may elect a Chairman of its meet-
ings. If no Chairman is elected, or if the Charr-
iiiaii elected is not present at the time appointed
for holding the same, the members present shall
choose one of their number to be Chairman of such
meeting. A Committee may meet and adjoiim as
it thinks proper. The quorum of a Committee
shall consist of such number of members as may
be prescribed by the Sewer Authority that ap-
pointed it, or, if no number be prescribed, of three
members. Every question at a meeting shall be
determined by a majority of votes of the mem-
bers present, and voting on that question ; and in
case of an equal division of votes the Chairman
shall have a second or casting vote.

The proceedings of a Committee shall not be
invalidated by any vacancy or vacancies amongst
its members.

A Sewer Authority may from time to time add
to or diminish the number of the members or
otherwise alter the constitution of any Conmiittee
formed by it, or dissolve any Committee.

A Committee of the Sewer Authority shall be
deemed to be the agents of that Authority, and tlie
appointment of sudi Committee shall not relieve

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Pakt II. 5.] Drainage. 393

tiie Sewer Aniiiority from any obligation imposed *• * ^n^'***

on it by Act of Parliament or otherwise. sakitart

[§ 5, 6, and 7 appear to relate exclusively to ^'

Tgrtglftjid ] —

8. Any owner or occupier of premises within Power to
the district of a Sewer Authority shall be entitled iwori^of*
to cause his drains to empty into the sewers of that 5*^-i
Authority on condition of his giving such notice as * ^'
may be required by that Authority of his intention

so to do, and of complying with tibe regidations of
that Authority in r^pect of the mode in which
die communications between such drains and
sewers are to be made, and subject to the control
of any person who may be appointed by the Sewer
Authority to superintend the making of such com-
munications ; but any person causing any drain to
empty into any sewer of a Sewer Authority with-
out complying with the provisions of this secticm
shall incur a penalty not exceeding twenty poimds,
and it shsJl be lawful for the Sewer Authority to
close any communication between a drain and
sewer made in contravention of this section, and
to recover in a summary manner from the person
so offending any expenses incurred by them under
this section.

9. Any owner or occupier of premises beyond E,*!i[fJT"*
the limits of the district of a Sewer Authority may b^-yoST^
canse any sewer or drain from such premises to ^^^^
communicate with any sewer of the Sewer Autho-
rity upon such terms and conditions as may be

agreed upon between such owner or occupier and
such Sewer Authority, or in case of dispute may,
at the option of the owner or occupier, be set-
tled by two Justices or by arbitration in manner
provided by "The PubUc Health Act, 1848," in
respect of matters by that Act authorized or
directed to be settled by arbitration\

10. K a dwellrng-ho\iBe within the district of a As to tho
Sewer Authority is without a drain or without hoJeiT ^
such drain as is sufficient for effectual drainage,

die Sewer Authority may by notice require the

ft 11 A 19 Via C 68, § 128-138.



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Supply of Water. [Pabt IL 5.

S9 it 30 Vic

o. 90,




Sappl J of
water to
difltriot of

owner of such house within a reasonable time
therein specified to make a sufficient drain empty-
ing into any sewer which the Sewer Authority is
entitled to use, and with which the owner is en-
titled to make a communication, so that such i>ewer
be not more than one hundred feet firom the aite
of the house of such owner ; but if no such means
of draioage are within that distance then emptying
into such covered cesspool or other place not being
under any house, as the Sewer AulJiority directs ;
anid if the person on whom such notice is served
fails to comply with the same, the Sewer Autho-
rity may itself, at the expiration of the time speci-
fied in the notice, do the work required, and the
expenses incurred by it in so doing may be re-
covered from such owner in a summaiy manner.

11. A Sewer Authority within its district shall
have the same powers in relation to the supply of
water that a Local Board has within its district,
and the provisions of the sections herein-after
mentioned shall apply accordingly in the same
maimer as if in such provisions "Sewer Authority"
were substituted for " Local Board of Health" or
" Local Board," and the district in such provifflons
mentioned were the district of the Sewer Autho-
rity and not the district of the Local Board ; that
is to say, the sections numbered from seventy-five
to eighty, both inclusive, of " The Public Health
Act, 1848'," sections fifty-one, fifty-two, and fifty-
three of " The Local Government Act, 1858*>," and
section twenty of " The Local Government Act,
1868, Amendment Act, 186P."

The Sewer Authority may, if it think it expe-
dient so to do, provide a supply of water for tiie
use of the inhabitants of the district by

{\,\ Digging wells ;

(2.^ Making and maiutaining reservoirs ;

(3.) Doing any other necessary acta ;
and they may themselves furnish the same, or
contract with any other persons or companies to
famish the same : Provided always, that no land

* See pp. 471-476. b See pp. 477, 478. * See p. 479.

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Part IL 5.] Removal of Nuisances. 3 Do

be purcliased or taken under this clause except by *^ * ^^" '
agreement or in manner provided by " The Local sanitaVt
Government Act, 1856." ^^

12. Any expenses incurred by a Sewer Autho- —
rity in or about the supply of water to its district, ©f^IT
and in carrying into effect the provisions herein- j^"***'*^*'^!
before in that behalf mentioned, shall be deemed mxm.
to be expenses incurred by that Authority in car-
rying into effect ** The Sewage Utilization Act,
1865," and be payable accordingly.

13. All property in wells, fountains, and pumps, Weii», *c ,
and powers in relation thereto, vested in tl\e Nui- w/pii^ *"
sance Authority by the seven th section of the Act ^^^ *"
passed in the session, of the twenty-third and Authority,
twenty-fourth years of the reign of Her present Js^^isivi.-.
Majesty, chapter seventy-seven', shall vest in the c. 77, s 7.
#Sewer Authority, where the Sewer Authority
supplies water to its district

Part II.

ATneTidment of^^ The Nuiaancfs Removal Acts.^

14. The expression " Nuisances Removal Acts " Definition of
shall mean the Acts passed in the years following Romo«S"^
of tiie reign of Her present Majesty, that is to say, -^o**"
the one in the session of the eighteenth and nine-
teenth years, chapter one hundred and twenty-one**,
and the other in the session of the twenty-third
and twenty-fourth years, chapter seventy-seven*', as
amended by this part of this Act** ; and this part
of this Act shall be construed as one with the said
Acts, and all expenses incurred by a Nuisance
Authority in carrying into effect any of the provi-
sions of this part of this Act shall be deemed to
be expenses incurred by it in carrying into effect
<< The Nuisances Eemoval Acts."

* See p 461. ^ See p. 427. * See p. 459.

•« And now alflo the 26 & 37 Via c. 117. See note \ p. 4(;a.

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29 & so Vic.

Definition of
" Nuisance

Power of
police with
respect to

$ 3 of

23 & 24 Vic.
ft 77,

18 & 19 Vic.
c. ItO.




Removal of Nulacuices. [Part IL 5.

15. "Nuisance Authority" shall mean any
Authority empowered to execute " The Nuisance
Removal Acts."

16. In any place within the jurisdiction of a
Nuisance Authority the chief officer of police
within that place, by and under the directions of
one of Her Majesty's principal Secretaries of
State*, on its being proved to his satisfaction that
the Nuisance Authority has made default in doing
its duty, may institute any proceeding which the
Nuisance Authority of such place might institute
with respect to the removal of nuisances : Pro-
vided always, that no officer of police shall be at
liberty to enter any house or part of a house used
as the dwelling of any person without such person's
consent, or without the warrant of a Justice of the
Peace, for the purpose of carrying into effect this

17. The third section of the said Act of the
Session of the twenty -third and twenty -fourth
years of the reign of Her present Majesty, chapter
seventy-seven, shall be repealed, and all powers
vested in any Highway Board or " Nuisance Re-
moval Committee" under "The Nuisances Removal
Acts " shall determine, and all property belonging
to them for the purposes of the said " Nuisances
Removal Acts" shall, subject to any debts or
liabilities affecting the same, be transferred to or
vested in the Nuisance Authority under the said
Acts : Provided always, that this section shall not
extend to any Vestry or District Board, under tJie
Act of the Session of eighteenth and nineteenUi
years of the reign of Her present Majesty, chs^v
ter one hundred and twenty, intituled An AtAfor
the better Local Management of the Metropolis, or
to any Committee appointed by such Vestry or
District Board for the purpose of carrying into
effect " The Nuisances Removal Acts " or any of

18. A requisition in writing under the hands
of any ten inhabitants of a place shall for the

» Or in Ireland the Lord Lieutenant, see S 68 (p. 418).

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Part IL 5.] D^niHon of Nuisances, 397

purposes of the twenty -seventh section of " The ^^^^Jg^"'*
Nuisances Removal Act for England^ 1855*," be sanitarv
deemed to be equivalent to the certificate of the ,^^
medical officer or medical practitioners therein —
mentioned, and the said section shall be enforced to^rtifil^te
•ccordingly. offiJ^*"*'

19. The word "Nuisances" under "The Nui- ^j^,^*^^ ^^
sances Removal Acts " shall include** — definition of

(1.) Any house or part of a hoiise so overcrowded ""^•*"**'
as to be dangerous or prejudicial to the health of
the inmates :

, (2.) Any factory, workshop, or workplace not
aheady under the operation of any general Act
for the regulation of factories or bakehouses, not
kept in a cleanly state, or not ventilated in such a
manner as to render harmless as far as practicable
any gases, vapours, dust, or other impurities gene-
rated in ihe course of the work carried on therein
that are a nuisance or injurious or dangerous to
health, or so overcrowded while work is carried
<m as to be dangerous or prejudicial to the health
of Ihose employed therein :

(3.) Any fireplace or furnace which does not as
far as practicable consume the smoke arising from
the combustible used in such fireplace or furnace,
and is used within the district of a Nuisance Au-
thority for working engines by steam, or in any
mill, factory, dyehouse, brewery, bakehouse, or
gaswork, or in any manufactory or trade process

Any chimney (not being the chimney of a pri-
vate dwelling-house) sending forth black smoke in
such quantity as to be a nuisance :

Provided, first, that in places where at the time
of the passing of this Act no enactment is in
force compelling fireplaces or fiimaces to con-
siune their own smoke, the forgoing enact-
ment BA to fireplaces and furnaces consuming

• See p. 4««.

^ See the definlUon of nnisaDce in S 8 oC The Niilmice8.£e-
moral Act, 1865 (p. 429). This appean to be an addition to that
defloUloii, and not to snpenede t.

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Duty of Nuiscmce AuthorUy. [Paet IL 5-

S9 ft 30 Vic

c. 90,



Dntios of
as to

inspection of


of Nuisance
under $ 13
of 18 ft 19
Vic c IJl.

their own smoke shaD not come into operation
until the expiration of one year from the date
of the passing of this Act :
Secondly, that where a person is summoned
before the Justices in respect of a nuisance
arising from a fireplace or furnace which does
not consume the smoke arising from the com-
bustible used in such fireplace or furnace, the
Justices may hold that no nuisance is created
within the meaning of this Act, and dismiss
the complaint, if they are satisfied that such
fireplace or furnace is constructed in such
manner as to consume as far as practicable,
having regard to the nature of the manufac-
ture or trade, all smoke arising therefrom,
and that s\ich fireplace or furnace has been
carefully attended to by the person having
the charge thereof.

20. It ehill be the duty of the Nvusance Autho-
rity to make from time to time, either by itself or
its officers, inspection of the district, with a view to
ascertain what nuisances exist calling for abate^
ment under the powers of " The Nuisances Bemoval
Acts,'' and to enforce the provisions of the said
Acts in order to cause the abatement thereof^ also
to enforce the provisions of any Act that may be
in force within its district requiring fireplaces and
furnaces to consume their own smoke ; and any
Justice upon complaint upon oath may make an
order to admit the Nuisance Authority or their
officers for these purposes, as well as to ground
proceedings under the eleventh section of ^^The
Nuisances Removal Act, 1855*."

21. The Nuisance Authority or chief officer of
police shall, previous to taking proceedings before
a Justice under the twelfth section of '^The Nui-
sances Hemoval Act, 1855^," serve a notice on
the person by whose act, defiatult, or sufferanoe the
nuisance arises or continues, or, if such person
cannot be found or ascertained, on the owner or

• Pa^e 430.

»> Pftgo 432.

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Paet II. 5.] Foxcera of Nuisance AutJiixtily, 399


occupier of the premises on wliich the nuisance *^ * ^
arises, to abate the same, and for that purpose to s^xitaky
execute such works and to do all such things as ^^
maj be necessary within a time to be speciiied in —
the notice : Provided,

First, that where the nuisance arises from the
want or defective construction of any struc-
toraL convenience, or where there is no occu-
pier of the premises, notice under this section
shall be served on the owner :
Secondly, that where the person causing the
nuisance cannot be found, and it is clear that
the nuisance does not arise or continue by
the act, default, or sufferance of the owner or
occupier of the premises, then the Nuisance
Authority may itself abate the same without
further order, and the cost of so doing shall
be part of the costs of executing '^ The Nui-
sances Bemoval Acts,** and borne accordingly.
22. If the Nuisance Authority shall be of Power to
opinion, upon the certificate of any legally quali- pJJJi«,to
fied medk^J practitioner, that the cleansing and ^ ^f^^^
disinfecting of any house or part thereof, and of disiniMted.
any articles therein likely to retain infection,
would tend to prevent or check infectious or con-
tagious disease, it shall be the duty of the Nuisance
Authority to give notice in writing requiring the
owner or occupier of such house or part thereof to
cleanse and duinfect the same as the case may

Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 35 of 90)