thereon. St. Luke, Middlesex, apps., Lewis, resp., 5 L. T. (N. s.) 608; 31 L. J. M. C. 73; 8 Jur. (x. s.) 432. Metropolis Water Act, 1871.-There are certain provisions in the Metropolis Water Act, 1871, 34 & 35 Vict. c. 113, which have reference to the Nuisances Removal Act, viz. : When a waterworks company has provided a constant supply of water, they may cause to be served on the owner or occupier of any premises within their district a notice requiring such owner or occupier to "supply such premises with the prescribed fittings;" and such owner or occupier shall within two months after the date of the service of such notice provide the prescribed fittings, and shall from time to time keep the same in proper repair: 34 & 35 Vict. c. 113, ss. 27, 28. The absence in respect of any premises of the prescribed fittings after the prescribed time shall be a nuisance within s. 11 and ss. 12-19 inclusive) of the 18 & 19 Vict. c. 121, and within all the provisions of the same or any other Act applying, amending, or otherwise relating to those sections (ie., now, within s. 91, of the present Act); and that nuisance, if in any case proved to exist, shall be presumed to be such as to render the premises unfit for human habitation within s. 13 of the 18 & 19 Vict. c. 121, unless and until the contrary is shown to the satisfaction of the justices acting under that section, Íd. s. 33. A.D. 1875. order. 103. Any person who refuses to obey an order of a Penalty for justice for admission of the local authority or any of their disobedience of officers on any premises shall be liable to a penalty not N.R. 1855, s. exceeding five pounds. 36. execution of N.R. 1855, s. 104. All reasonable costs and expenses incurred in Costs and making a complaint, or giving notice, or in obtaining any expenses of order of the court or any justice in relation to a nuisance provisions under this Act, or in carrying the same into effect, shall be relating to deemed to be money paid for the use and at the request of nuisances. the person on whom the order is made; or if the order is 19. made on the local authority, or if no order is made, but the nuisance is 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, such costs and expenses may be recovered from any person who is for the time being owner of such premises: Provided that such costs and expenses shall not exceed in the whole one year's rackrent of the premises. Such costs and expenses, and any penalties incurred in relation to any such nuisance, may be recovered in a summary manner or in any county or superior court; and the court shall have power to divide costs expenses and penalties between persons by whose acts or defaults a nuisance is caused as to it may seem just. Any costs and expenses recoverable under this section by San. 1866, s. a local authority from an owner of premises may be re- 34. covered from the occupier for the time being of such premises; and the owner shall allow such occupier to deduct any moneys which he pays under this enactment A.D. 1875. out of the rent from time to time becoming due in respect of the said premises, as if the same had been actually paid to such owner as part of such rent : Provided, that no such occupier shall be required to pay any further sum than the amount of rent for the time being due from him, or which, after demand of such costs or expenses from such occupier, and after notice not to pay his landlord any rent without first deducting the amount of such costs or expenses, becomes payable by such occupier, unless he refuses, on application to him by the local authority, truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie on such occupier: Provided also that nothing herein contained shall affect any contract between any owner or occupier of any house building or other property whereby it is or may be agreed that the occupier shall pay or discharge all rates dues and sums of money payable in respect of such house building or other property, or to affect any contract whatsoever between landlord and tenant. Recovery of costs.—Where the tenant of a house within the district of the Metropolis Local Management Act received notice from the vestry of the parish under 25 & 26 Vict. c. 102, s. 96, to pay his rent to them on account of the expenses of paving a road, and the landlord, being aware of such notice, after the rent became due, but before the tenant had paid any part of it to the vestry, put in a distress, in an action for wrongful distress it was held that as the landlord's right of distress was not taken away by the Act, the tenant was not protected till he had actually paid his rent to the vestry. Ryan v. Thompson, 17 L. T. (N. s.) 506; 32 J. P. 135 ; L. R. 3 C. P. 144. As regards the right of the owner to recover from the tenant, under the covenants of a lease, money paid by the former to the local authority for works, see Thompson v. Lapworth, 37 L. J. C. P. 74; L. R. 3 C. P. 149. In June an order of justices was made under the 18 & 19 Vict. c. 121, "on the owner" of certain premises to remove a nuisance, and in default the Local Board themselves commenced the necessary works for abating the nuisance, which were completed on the 7th of September following, and the expenses were then paid by the guardians acting as the local authority. The real owner of the premises was abroad, and on the 21st of May he executed a power of attorney to the defendant to receive the rents for him. This reached the defendant on the 22nd July, and the rent being payable yearly at Michaelmas, he received the past year's rent at the Michaelmas following:-On an appeal from the County Court of Suffolk, holden at Halesworth, it was held that the defendant was not liable, under sect. 19 of 18 & 19 Vict. c. 121, to an action for money paid within the meaning of that section. Blything v. Warton, 22 L. J. M. C. 132; 7 L. T. (N. s.) 672; 3 B. & S. 352; 9 Jur. (N. s.) 867. Generally it may be observed with regard to the recovery of costs, that where a pecuniary obligation is created by a statute, and a remedy is expressly given for enforcing it, that remedy must be adopted. St. Pancras v. Batterbury, 2 C. B. (N. s.) 477; 26 L. J. C. P. 243; 3 Jur. (N. s.) 1106. A.D. 1875. Power of indi 105. Complaint may be made to a justice of the existence of a nuisance under this Act on any premises within the district of any local authority by any person vidual to comaggrieved thereby, or by any inhabitant of such district, or plain to justice by any owner of premises within such district, and there- of nuisance. upon the like proceedings shall be had with the like NR. 1860, s. incidents and consequences as to making of orders, P.H. 1874, s. penalties for disobedience of orders, appeal, and otherwise, 53. as in the case of a complaint relating to a nuisance made to a justice by the local authority: Provided that the court may, if it thinks fit, adjourn the hearing or further hearing of the summons for an examination of the premises where the nuisance is alleged to exist, and may authorise the entry into such premises of any constable or other person for the purposes of such examination: Provided also, that the court may authorise any constable or other person to do all necessary acts for executing an order made under this section, and to recover the expenses from the person on whom the order is made in a summary manner. Any constable or other person authorised under this section shall have the like powers and be subject to the like restrictions as if he were an officer of the local authority authorised under the provisions of this Act relating to nuisances to enter any premises and do any acts thereon. 13. certain cases 106. Where it is proved to the satisfaction of the Power of officer Local Government Board that a local authority have of police to made default in doing their duty in relation to nuisances proceed in under this Act, the Local Government Board may autho- against nuirise any officer of police acting within the district of the sances. defaulting authority to institute any proceeding which the San. 1866, s. defaulting authority might institute with respect to such P.H. 1874, s. nuisances, and such officer may recover in a summary manner or in any county or superior court any expenses incurred by him, and not paid by the person proceeded against, from the defaulting authority : But such officer of police shall not 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, for the purpose of carrying into effect. this enactment. 16. 19. ceedings in 107. Any local authority may, if in their opinion Local authority summary proceedings would afford an inadequate remedy, may take procause any proceedings to be taken against any person in superior court any superior court of law or equity to enforce the abate- for abatement A.D. 1875. of nuisances. N.R. 1855, s. 30. Power to proceed where cause of nuisance arises trict. ment or prohibition of any nuisance under this Act, or for the recovery of any penalties from or for the punishment of any persons offending against the provisions of this Act relating to nuisances, and may order the expenses of and incident to all such proceedings to be paid out of the fund or rate applicable by them to the general purposes of this Act. 108. Where a nuisance under this Act within the district of a local authority appears to be wholly or partially caused by some act or default committed or without dis- taking place without their district, the local authority may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances by this Act authorised, with the same incidents and consequences, as if such act or default were committed or took place wholly within their district; so, however, that summary proceedings shall in no case be taken otherwise than before a court having jurisdiction in the district where the act or default is alleged to be committed or take place. Provision in case of two San. 1866, s. This section shall extend to the metropolis so far as to authorise proceedings to be taken under it by any nuisance authority in the metropolis in respect of any nuisance within the area of their jurisdiction caused by an act or default committed or taking place within the district of a local authority under this Act; or by any such local authority in respect of any nuisance within their district caused by an act or default committed or taking place within the jurisdiction of any such nuisance authority. In this section "nuisance authority" means the local authority in the metropolis for the execution of the Nuisances Removal Act for England, 1855, and the Acts amending the same. With regard to this section, see ante, pp. lvi, lxxvii. In the city of London and the liberties thereof the commissioners of sewers, and elsewhere in the metropolis the vestry or district board, as the case may be, are the nuisance authority. 109. Where two convictions against the provisions of Convictions for any Act relating to the overcrowding of a house have overcrowding. taken place within a period of three months (whether the persons convicted were or were not the same) a court of summary jurisdiction may on the application of the local authority of the district in which the house is situated direct the closing of the house for such period as the court may deem necessary. 36. Provision as to 110. For the purpose of the provisions of this Act relating to nuisances, any ship or vessel lying in any river harbour or other water within the district of a local A.D. 1875. ships. authority shall be subject to the jurisdiction of that San. 1866, ss. authority in the same manner as if it were a house within 30, 32. such district; and any ship or vessel lying in any river harbour or other water not within the district of a local authority shall be deemed to be within the district of such local authority as may be prescribed by the Local Government Board, and where no local authority has been prescribed, then of the local authority whose district nearest adjoins the place where such ship or vessel is lying. The master or other officer in charge of any such ship or vessel shall be deemed for the purpose of the said provisions to be the occupier of such ship or vessel. This section shall not apply to any ship or vessel under the command or charge of any officer bearing Her Majesty's commission, or to any ship or vessel belonging to any foreign government. nuisances not 111. The provisions of this Act relating to nuisances Provisions of shall be deemed to be in addition to and not to abridge Act relating to or affect any right remedy or proceeding under any other to affect other provisions of this Act or under any other Act, or at law remedies. or in equity: Provided that no person shall be punished for the same offence both under the provisions of this Act relating to nuisances, and under any other law or enactment. See also the provisions relating to privy accommodation, in sects. 35-41, ante; cleansing of streets, removal of refuse, keeping of swine, &c., sects. 42-47; offensive ditches and collections of matter, sects. 48-50; pollution of water, sects. 68-70; occupation of cellar dwellings, sects. 71-75; and to common lodging-houses, sects. 76-89. OFFENSIVE TRADES. establishment 112. Any person, who, after the passing of this Act, Restriction on establishes within the district of an urban authority, ' of offensive without their consent in writing, any offensive trade; trade in urban that is to say, the trade of― Blood boiler, or Bone boiler, or district. P.H., s. 64. Fellmonger, or Soap boiler, or Tallow melter, or Tripe boiler, or Any other noxious or offensive trade business or manufacture, shall be liable to a penalty not exceeding fifty pounds in respect of the establishment thereof, and any person |