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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    Local Authority to do Works on Owner's or Occupier's Default, or if Person causing Nuisance cannot be Found 26. In case of non-compliance with or infringement of any decree aforesaid, the sheriflF, magistrate, or justice may, on apphcation by the local authority, grant warrant to such person or persons as he may deem right to enter the premises to which such decree relates, and remove or remedy the nuisance thereby condemned or interdicted, and do whatever may be necessary in execution of such decree ; or if in the original application it appears to his satisfaction that the author of the nuisance is not known or cannot be found, then such decree may at once ordain the local authority to execute the works thereby directed; and all expenses incurred by the local authority in executing the works may be recovered from the author of the nuisance and failing him from the owner of the premises.' [161] Articles Removed to be Sold 27. Any matter or thing removed by the local authority in pursuance of this Act may be sold by public roup, after not less than five days' notice by printed handbills posted in the locality, except in cases where delay would be prejudicial to health, or in which the matter or thing is not of the value of two pounds or upwards, in which cases the sheriif, magis- trate, or justice may, by writing under his hand, order the immediate removal, sale, or destruction of the matter or thing, and the proceeds of the sale shall be retained by the local authority, and appUed 'pro tanto in payment of all expenses incm-red under this Act with reference to such nuisance ; and the surplus, if any, shall be paid, on demand, by the local authority, to the owner of such matter or thing; and the balance of such expenses shall be defrayed, if such proceeds are insufficient for that purpose, by the author of the nuisance or the owner of the premises. Foul Ditches, etc., may be K,eplaced by Sewers 28. Whenever any watercourse, ditch, gutter, or drain along the side of any street,- or between or parallel to rows of dwelling-houses, shall be used or partly used for the conveyance of any water, sewage, or other liquid or matter from any premises,^ and cannot in the opinion of the local ' It has been held that the author of a nuisance is not liable for the expense of remoTing it, unless he has had an opportunity of remoring it himself. (Macdougall and Murray, in Note to this section in Handbook