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Nuisances, may, at all reasonable times between
the hours of ten in the forenoon and four in the

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Part H. 5.] Powers far Dl8po»big of Sewage. 477

iftemoon, enter, exannne, or hvj open the lands ^^ * ^1^^^'
or premises mentioned in such oixler for such of pibuc
the said purposes as shall be specified in the said "jj^^"
order without being subject to any action or is^s-
molestation for so doing : Provided always, that,
except in case of emergency, no entry shall be
made or works commenced under the powers of
this enactment, unless twenty-four liours at the
least previously thereto notice of the intended
entry and of the object thereof, be given to the
occupier of the premises intended to be entered.



IL Extracts from " The Local Government Act, 21 * «« Vic
1858" (21 it 22 Vic, cap. 98, passed 2nd g^^^_
Avgv^t, 1858). "T^."^'

30. Local Boards may Power* for

1. Exercise the powers given by the forty- Mw»ge.

sixth section of " The Public Health Act,
1848*," also without their district, if neces-
sary for the purpose of outiidl and distri-
bution of sewage, upon making due com-
pensation, to be settled in the manner
provided in the one hundred and forty-
fourth section of " The Public Health Act,
1848;"

2. CJontract with any company or person for

sale of sewage, or for the distribution of it
over any land ;

3. Contract for, purchase, or take on lease any

lands, buildings, engines, materials, or

apparatus for the purpose of receiving,

storing, disinfecting or distributiiig sewage;

Provided always, that these things shall be done

ao as not to create a nuisance.

51. The powers given to Local Boards by the Power* of
seventy-sixth section of " The Public Health 1/IA2 vio
Act, 1848^" shall extend to any ho\ise within ^^*^,
their district to which a supply of water can be extended to



this Act.



• Seep. 468. ^ See p. 472.

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478 Powers as to Water Supply, [Part II. 5.

21 * "|j^'*^" provided at an expense not exceeding the water
Local rate authorized by the said Act or any local Act
ii«NT*AcT ^ force in the district, and notices under that
1858. ' section shall be served on owners of houses so
" supplied instead of occupiers, and expenses incurred
under that section shall be recoverable from sucli
owners.
Power of 52, Where the Local Board supply water to

wJter mains, their distiict they shall have the same power for
carrying water mains within the district as they
have for carrying sewers by the law in force for
the time being.
D^J^toMof ^^* "'•* ®^^^ ^® lawful for any Local Board of
waterworks Health absolutely to purchase, and for the Directors
©ompwiT to ^^^ *^® ^^^® being of any Waterworks Company
soil works, or Market Company, by and with the authority
Bo^i'rdl^^* of three-fifths of the Shareholders for the time
being in such Company who may be present,
either personally or by proxy, at some general
meeting of the Company specially convened for
the purpose, to sell, convey, and transfer unto any
Local Board of Health, upon such terms as shall
be mutually agreed upon between the Company and
the Local Board, all the rights, powers, and privi-
leges, and all or any of the lands and premises,
, works, matters, and things, which at the time of
such purchase shall be the property of the Com-
pany, but subject to all mortgages, contracts, or
liabilities to which the same shall be then subject.



84 & 25 Vic. III. EXTRACTS from " 17ie Local Government Act,
l;>?al 1858, Amsndm^mt Act, 1861'* (24 d& 25 Vic.

GOVKRN-

mbktAct cap. 61, pass&l Ist Aumist, 1861).

f^'. 4. Local Boards may exercise the powers given

ixvJsdrd ^y ^^ forty-fifth section of " The Public Health
may exordae Act, 1848*," aLso without their district, for the
r45 of"*^ purpose of outfall or distribution of sewa^ upon
n .V 12 Vic. making due compensation, to be settled in the

c. 63, also " '■

• See p. 468.

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Pakt n. 5.] Common Lodging Houses. 47^

manner provided in the one hundred and forty- ** * *5,^'*^'
fourth section of " The Public Health Act, 1848 :" l5>caI
Providfed always, that nothing herein contained ^^^^
shall give or be construed to give power to any amkndment
Local Board to construct or use any outfall, drain, ml]
or sewer for.the purpose of conveying sewacce or .,. — ,
filthy water into any natural watercourse or stream dutrict, if
until such sew^e or filthy or refuse water be SJrnurl'^'sJT
freed from allJUxcrementitious or other foul or of ouifaJior
noxious matter such as would affect or deteriorate of s*cwa" p|*^
the purity and quality of the water in such stream ^" making
or watercourse. tion.

20. In districts where no Water Companies are
established by Act of Parliament, all Local Boards*
may make agreements for the supply of water to
persons on such terms as may be agreed upon
between the Local Board and the persons receiving
snch supply, and shall have the same powers for
recovering w^ter rents accruing under such agree-
ments, as they have for the recovery of water
rates by the law in force for the time being.



14 & 15 Vict. Cap. 28. i* * i^vir,

e. 28,

An Act for the well-ordering of Common Lodging Lodging

TT Housrs

JtlOUSeS. Act,

[2Ml Jul^, IS5\,] —



Whereas it would tend greatly to the comfort
and welfare of many of Her Majesty's poorer sub-
jects if provision were made for the well-ordering
of common lodging houses : Be it therefore enacted
by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Par-
liament assembled, and by the authority of the
same, as follows ; to wit,

1. In citing this Act for any purpose it shall be short Title.



* In Ireland the Sewer Authority. See Sanitary Act, 1866,

|iiCp.m).



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480



Interpretation of Terms. [Part II. 5.



14 & 15 Vic.

0.28.

Common

LODOINO

Houses
Act,
IMl.

Interpreta-
tion of terms
in this Act



Meaning of
the term
*' the Local
Autboritf."



Notice of tbb
Act to bo
f iren to the
keepers of
oommon
lodging
bouses.



sufficient to use the expression "The Common
Lodging Houses Act, 1851."

2. The following words and expressions in this
Act have, for the purposes and execution of this
Act, the following meanings ; to wit,

The word "Place" includes county, riding,
hundred, and other division or part of a
county, city, borough, parish, district and
other place whatsoever : %
The word " Borough," and M|ie expressions
"Mayor, Aldermen, and Burgesses," and
"Borough Fund," have respectively the
same meaning as in the Act for the regu-
lation of Municipal Corporations:
The expression " Improvement Act" means an
Act for regulating and managing the police
of, and for draining, cleahsing, paving,
lighting, watching, and improving a place,
and an Act for any of those purposes :
The expression " Common Lodging House" in-
cludes, in any case in which only a part of
a house is used as a common lodging house,
the part so used of such house.
[§ 3 defines the localities within which and the
bodies by whom the Act shall be executed, and
§ 4 determines the fund out of which the expenses
shall be paid. Both of these sections appear to be
superseded as to Ireland by 23 Vic. c. 26 {post,
p. 487).]

5. The expression in this Act, " the Local Au-
thority" means, with respect to the purposes and
execution of this Act with respect to any place,
the body or person by this Act authorized to exe-
cute with respect to the place the several provi-
sions of this Act.

6. Within three months after the passing of
this Act the Local Authority shall, and from time
to time thereafter the Local Authority may, give
to the keeper of every common lodging house
already or hereafter wi^in the jurisdiction under
this Act of the Local Authority, notice in writing
of this Act, and shall give such notice by leaving
the same for such keeper a*; the house, and shall

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Part IL 6.] Registratum of Lodging Ho^uea^ dsc. 481

by such notice require the keeper to register the i* * "w^"^
house as by this Act pi^ovided, and such notice common
may be in the form in the schedule to this Act ^^^^
aimexed, or to the like effect*. act.

7. The Local Authority shall keep a register in l!!i'
which shall be entered the names and residences ^Wi»ur« of
of the ' keepers of all common lodging houses lodging
within the jurisdiction of the Local Authority, J^^ **» *^
and the situation of every such house, and the
lumber of lodgers authorized according to this

Act to be received therein.

8. After one month after the giving of such Lod«en n^t
notice to roister aa by this Act provided, the {J^^^^j;*"*
keeper of any common lodging house or any other lodging
person shall not receive any lodger in such house rej^reJ*"
until the same has been inspected and approved 'J"***^ '^•*
ht that purpose by some oflScer appointed in that

b^uJf by the Local Authority, and has been regis-
tered as by this Act provided.

[§ 9 and 10, which provide for the making of
regulations and imposing penalties, are repealed as
to Ireland, and other provisions made in lieu
thereof, by 23 Vic, c. 26, § 4 {post, p. 488).l

11. The keeper of a common lodging house Keepe« of
diall, when a person in such house is ill of fever JJ^Jiig"
or any infectious or contagious disease, give imme- ho"»«s to
diate notice thereof to the Local Authority, orS7feTer,&On
some officer of the Local Authority, and also to '*>««»"•
the Poor Law Medical Officer and the Poor Law
Relieving Officer of the union or parish in which

the common lodging house stands.

12. The keeper of a common lodging house, Aitoin«peo-
and every other person having or acting in the mo" *i^™g
care or management thereof, shall, at all times J*©"**-
when required by any officer of the Local Authority^

give him free access to such house or any pi^
thereo£

13. The keeper of a common lodging house Ai to deann-
ahall thoroughly cleanse all the rooms, passages, mJn'liSlSnf
stairs, floors, windows, doors, walls, ceilings, *»<«•*«.
privies, cesspools, and drains thereof, to the satis-

&ction of and so often as shall be required by or

• Page 483.

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482



Penalties,



[Pakt IL 5.



H ft 15 Vic.
Common

LODOINO

Housxs
Act,
1841.

PcQAlty for
offeuccii
against this
Act,



Rororery of
penaltiet.



GenenI
powers of
Looal Antho-
rity^fte.



Act not to
extend to
the city of
London ;
■or to Sco>
land.



in accordance with any regulation or bye-law of
the Local Authority, and shall well and sofficientl j»
and to the like satisfaction, limewash the walls
and ceilings thereof in the first week of each of
the months of April and October in every year.

14. If the keeper of a common lodging house,
or any other person having or acting in the caie
or management thereof, offend against any of the
provisions of this Act, or any of the bycnlaws or
r^ulations made in pursuance of this Act, or if
any person in any common lodging house be con-
fined to his bed for forty-eight hours by fever or
any infectious or contagious disease, without the
keeper of such house giving notice th^neof as
required by this Act,* every person so offending
shall for every such offence be liable to a penalty
not exceeding five poimds, and to a further penalty
not exceeding forty shillings for every day during
which the offence continues: Provided always,
that this Act shall not exempt any person ^m
any penalty or other liability to which he maf
be subject irrespective of this Act.

15. The clauses and provisions of "The Rail-
ways Clauses Consolidation Act, 1845," **with
" respect to the recovery of damages not apecialy
" provided for, and of penalties, and to the deter-
" mination of any other matter referred to Jts-
" tices,'* are for the purposes and execution of tkis
Act incorporated with this Act

16. The Local Authority, and all Justices,
Constables, and others, shall respectively have
full jurisdioticm, powers, authorities, and indeanni-
ties for executing the several provisions <^ tkis
Act ; and the restrictions of " The Public Heatth
Act, IS^S,"* as to the hours within which coramfin
lodging houses may be entered by persons autk>-
rized by a Local Board of Health, shall not apfly
to this Act.

17. That this Act shall not extend to the diy
oi London or the liberties thereof

18. That nothing in this Act shall extend to
Scotland,

See tec 11, page 481.

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1841.



Part II. 5.] Kefjistration of Lodging Houses, 483

Schedule. 14 & 15 v»«-

c. 28,

Form of Notice. Common

•^ Lodging

Takb notice^ That on the day of an Hoitsbs

Act called "The Common Lodging Houses Act, 1861," wa« ,^^.
passed, and that before the daj of you,

being the keeper of a common lodging house within [Aere
Mtde the place over which the jurisdiction of the Local Authority
gitinff the notice extends]^ must have your common lodging
hoase registered, and that the register is to be kept at [^e
ftate where the regitter i s to be kepi J, and that if you do not have
your common lodging house so registered you will be liable to a
penalty not exceeding five pounds for every lodger whom you
receive in your common lodging house while it is not so regis-
tered ; and that on your applying to [here give the name and
address of the person to keep the register] he will register your
common lodging house free of all charge to yuu. Dated



16 & 17 Vict. Cap. 41. 16& 17 vic.

0.41.

An Act for making further Provisions with respect loUoino
to Common Lodging Houses. *^act*

[Uh August, 1853.] ^^



Whereas it is expedient to extend the provisions
of "The Common Lodging Houses Act, 1851 :"
Be it therefore enacted by the Queen's most Ex-
cellent Majesty, by and with the advice and con-
sent of the Lords Spiritual and Temporal, and
Ccnomons, in this present Parliament assembled,
and by the authority of the same, as follows :

1. This Act may be cited for any purpose as short tiUr.
" The Common Lodging Houses Act, 1853."

2. " The Common Lodging Houses Act, 1851," ^^'^^^^
and this Act shall be construed and executed as if to be a/ one.
they were one Act.

3. After three months after the passing of this ^n common
Act a person shall not keep a common lodging hSii^wV bo
house or receive a lodger therein until the house T i'*^ v***^

• 11 1 i» 1 oei'»ro Doin|^

have been mspected and approved for that purpose uaod, and u*
by some officer appointed in that behalf by the ui^?[^a

Y 2 ki^pert.

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484



16 * 17 Vic.

e.41.

Common

LODOINO

Housm
Act,

1853.



Local Au-
thoritf TOAj
refuse to
regiater
hotuea if
keepers do
not produce
f-crlitii-ate of
CJiaracttT.



Fridenoe of
register.



Power to
Looai Au-
thoritj to
require an
additional
supply of
water to
«-ommon
lodging
liuusoa.



liegistration of Lodging Houses, [Part II. 5.

Local Authority, and have been registered as hj
the recited Act provided ; and a person shall not
keep a common lodging house unless his name m»
the keeper thereof be entered in the register kept
under the recited Act : Provided always, ilmX
when the person so registered dies, his wido-w or
any member of his family may keep the house as
a common lodging house for not more than four
weeks after his death without being registered as
the keeper thereof.

4. The Local Authority may refuse to roister
a,s the keeper of a common lodging house a person
who does not produce to the Local Authority a
certificate of character in such form as the Local
Authority shall direct, signed by three inhabitant
householders of the parish respectively rated to the
relief of the poor of the parish within which the
lodging house is situate for property of the yearly
rateable value of six pounds or upwards.

5. A copy of an entry made in a register kept
under the recited Act, certified by the persoo
having the charge of the register to be a true
copy, shall be i^eceived in all Courts and before all
Justices and on all occasions whatsoever as e^a-
dence, and be sufiicient proof of all things therein
registered, without production of the register or
of any document, act, or thing on which Qie entiy
is founded ; and every person applying at a reason-
able time shall be furnished gratis by the peratn
having such charge with a certified copy of a*v
such entry.

6. Where it appears to the Local Authoii^
that a common lodging house is without a proper
supply of water for the use of the lodgers, aid
that such a supply can be furnished thereto at a
reasonable rate, the Local Authority may by notke
in writing require the owner or keeper of tk
common lodging house, within a time spedfied
therein, to obtain such supply, and to do ail wods
necessary for that purpose ; and if tlie notice be
not complied with accordingly, the Local Autb*
rity may remove the common lodging house ftm
the register until it be complied with«

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Part IL 5.] Common Lodging Houses. 485

7. When a person in a common lodging house ^* * ^'^ ^^^
is ill of fever or any infectious or contagious dis- common
ea«e the Local Authority may cause such person ^houoIb
to be removed to an hospital or infirmary with act.
the consent of the Authorities thereof, and on the l?^^*
certificate of the Medical Officer of the parish, '^'*'*'*^
place, or district, that the disease is infectious or »Kk person*
contagious and that the patient may be safely ^nit*d"in
removed, and may, so far as the Local Authority h^uM-s to
think requisite for preventing the spread of disease, ^***p'*" ' "^ ''•
cause any clothes or bedding used by such person

to be disinfected or destroyed, and may, if the Local
AutJiority think fit, award to the owners of the
clothes and bedding so disinfected or destroyed rea-
sonable compensation for the injury or destruction
thereof, and such compensation shall be paid to such
owners by the proper officer of the parish or union
in which the common lodging house is situate, out
of the rates s^plicable to the relief of the poor of
such parish, th6 amount of such compensation
being first certified in writing upon a list of such
articles.

8. The keeper of a common lodging house in Power to
which beggars or vagrants are received to lodge, ^^^Jrom
or other person having the care or management keeper of
thereof, shall from time to time, if required by auy ioriginjt
order of the Local Authority served on such Jous^^kopt
keeper or person, report to the Local Authority, and vagranf.
or to such person or persons as the said Local
Authority shall direct, every person who resorted

to such house during the preceding day or night,
and for that purpose schedules shall be furnished
by the Local Authority to the persons so ordered
to report, which schedules they shall fill up with
the information required, and transmit to the
Local Authority.

9. The Town Council, Trustees, Commissioners, Power to
Guardians, and other officers and Boards specified ^275k^°"o
ill the first section of " The Nuisances Removal remoT© '
and Diseases Prevention Act, 1848," shall, on the Smpia^nt
receipt of a certificate of any Police Constable or ««rtified
of any officer appointed for the inspection of com- Nuiamcea
mon lodging houses by the Local Authority, stating ^^"'J^jJ;
i^he existence in or about a?iy comTnon lodging

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486



Common Lodging Houses, [Part II. 5.



16 * 17 Vic.

0.41,

CoMMorr

Loonixo

JI0U8ICS

Act,

185.}.



Alto
offences
against this
Act.



ConTiction
for third
offence to
disqualify
nerMns from
keeping
oommon
lodging
Louse.



A rt4 may bo
executed by



house of any of the caiises of complaint specified
in that section, take all such proceedings as by
that section are required to be taken by the Town
Council, Trustees, Commissioners, Guardians, and
other officers and Boards specified therein on a
notice signed by two inhabitant householders, and
in like manner as nearly as may be as if such
notice had been given ; and the Local Authority
shall have the like powers, and shall take all such
proceedings, on receipt of any such certificate of
the existence of any such cause of complaint, a«
the Town Council, Tinistees, Commissioners,
Guardians, and other officers or Boards have and
are empowered and required to take under the
provisions of that Act.

[§10 relates exclusively to the city of Oxford
and the borough of Cambridge.]

11. The fourteenth section of the recited Act*
extends to offences against any of the provisions
of this Act, so as to render the offenders liable tf»
the penalties therein expressed, and any person
convicted of any offence against the recited Act
and this Act, or either of them, may, in default
of payment of the penalty imposed, be imprisoned
for any term not exceeding three months in the
manner provided by law in that behalf.

1 2. Where a keeper of a common lodging-house,
or a person having or acting in the care or
management of a common lodging house, is cob-
victed of a third offence against the recited Act
and this Act, or either of them, the Justices before
whom the conviction for such third offence taken
place may, if they think fit, adjudge that he shall
not at any time within five years after the con-
viction, or within such shorter period afker tlie
conviction as the Justices think fit, keep or have
or act in the care or management of a common
lodging house without the previous licence in
writing of the Local Authority, which licence the
Local Authority may withhold or may grant on
such terms and conilitions as they think fit.

13. In a case in which there are not Petfy



» rnc<» 4R3. r^ T

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Pabt IL 5.] Common Lodging Uoiiaes, 487

Sessions for a place fifthly mentioned in section i^ & i7 Vic.
three of the recited Act, that Act and this Act coiiMoir
mxy be executed within and for all and any part houmSIct
of such place by the Justices of the Peace acting 18^3.
in Petty Sessions in the Petty Sessional Division jnatteir«t
within which such place is comprised. ^^ &«•-

14. Where in anyplace the recited Act ^^d]^^*^^^
this Act are executed by Justices in Petty Sessions, pouM* of
the expenses of and incident to the executing of "cTby"*
the recited Act and this Act with respect to such Ju»Uo<».
Petty Sessional Division shall be borne by and
paid out of the rates for the relief of the poor of
the several parishes or other places comprised
therein in which any common lodging house is
situate (except so far as there are other monies
applicable to the purpose), and the amount of such
expenses shall be ascertained and apportioned by
such Justices, and shall be paid accordingly as
they order.



23 Vict. Cap. 26. MV.c.o.t6,

Common

An Act to remove Doubts as to the Application Lodoino
of "The Common Lodging Houses Acts" to irki^md.

^ ^ , I860.

Irdandj and to amend the Provisions of the —
same so Ceut as they relate to Ireland.

[2bth May, I860.]



Whereas doubts have arisen as to whether " The i4 & i5 vic.
Common Lodging Houses Act, 1851/' and "The ^/^j^^,,^
Common Lodging Houses Act, 1853," extend to ©. ai.
Irekmdy and difficulties have occurred in the exe-
cution of the said Acts therein; and it is expedient
that such doubts and diffictdties should b^removed,
and for that purpose that the said Acts should be
explained and amended with reference to the exe-
cution thereof in Ireland : Be it therefore enacted
by the Queen's most Excellent Majesty, by and
■with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the
same, as follows ; (that is to say,)

1. In citing this Act for any purpose it shall short tiUo.

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488 Common Lodging Houses, [Pabt II. 5.

^'coMMOj?^' be sufficient to use the expression " The Common
LoooiKo Lodging Houses Act, Irdamdy 1860."
HouwB 2. This Act and "The Common Lodging Houses

iRM^ND, Act, 1851," and "The Common Lodging Houses

.' Act, 1853," shall, for the purpose of the execn-

i!i'd't^ Ac? *^^^ thereof in Ireland, be construed as if they
to b« oon- were one Act, and the said Acts as hereby amended
MiTwId to ^^ be deemed to extend to Ireland,
extend to 3. For the purpose of the execution of the said

" recited Acts and of this Act in Ireland, certain
of^ertotn^** words and expressions used in the said Acts are
rockJd'Acu ^Greby declared and explained to have been in-



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