Sanitary laws of Scotland and principles of public health : being a manual for county and burgh councillors, legal officials, medical officers of health, sanitary inspectors and all interested in public health / by W.J. Brock.

Date:
1905
Catalogue details

Licence: In copyright

Credit: Sanitary laws of Scotland and principles of public health : being a manual for county and burgh councillors, legal officials, medical officers of health, sanitary inspectors and all interested in public health / by W.J. Brock. Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

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    remedy or discontinuance or interdict of the nuisance as hereinafter mentioned,^ provided that if it appear to the sheriff or magistrate or justice that the nuisance arose from the wilful fault or culpable negligence either of the owner or occupier of the premises, and that a notice in respect thereof had previously been served on such author, the sheriff or magistrate or justice may, in addition to making a decree as aforesaid, impose a fine not exceeding five pounds on such owner or occupier; provided that in the cases under sub- sections (6) and (8) in section sixteen of this Act such appli- cation shall be made only on medical certificate, or on a representation by a parish council, or on a requisition in writ- ing under the hands of any ten ratepayers of the district of the local authority, and that in these cases and the cases under sub-sections (9) and (10) in said section, it shall be made only to the sheriff ; and farther, that in the cases under sub- section (11) in section sixteen it shall not be necessary to cite any person as the author of the nuisance, but such application shall be proceeded with by the sheriff (to whom alone it shall be made) after such intimation to the collector of the chui'chyard or other dues, or to such other person as to the sheriff shall seem meet; and such person or persons as shall appear after such intimation shall, if the sheriff think proper, be allowed to be heard and to object to such applica- tion in the same manner as if he or they were the author of the alleged nuisance within the meaning of this Act. [21-25] Form of Interlocutor 23. It shall not be necessary to restrict such decree to any special remedy prayed for in the petition, but, as the case shall require, the author of the nuisance or owner or occupier of the premises may be ordained to execute such works or to do or to abstain or cease from doing such acts or things as are necessary to remove the nuisance complained of, in such manner and within such time as shall be specified; and if the sheriff, magistrate, or justice, is of opinion that such or the like nuisance is likely to recur, he raaj^ further grant interdict against the recurrence of it, or do otherwise, as the case may in his judgment require; and if the nuisance proved to exist be such as to render a house or building unfit for human habitation or use,2 he may prohibit such habitation or use until in his judgment it is rendered fit therefor, and on the sheriff, magistrate, or justice being 1 V. § 23, post. - V. H. W. CI. Act, p. IGS, also § 76, yiosl, as to Powers of Shefiff.