The law relating to public health : being the Public Health (Scotland) Act, 1867, and Amending Acts of 1871, 1875, and 1882 : annotated with special reference to the changes introduced by the Local Government (Scotland) Act, 1889, with numerous decisions, Scotch and English, a copious index, and appendices containing practical forms and relative statutes / by J. Eaton Dykes and Dudley Stuart.
- Date:
- 1890
Licence: Public Domain Mark
Credit: The law relating to public health : being the Public Health (Scotland) Act, 1867, and Amending Acts of 1871, 1875, and 1882 : annotated with special reference to the changes introduced by the Local Government (Scotland) Act, 1889, with numerous decisions, Scotch and English, a copious index, and appendices containing practical forms and relative statutes / by J. Eaton Dykes and Dudley Stuart. 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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![the appellant was wrongly convicted, Cooper v. Woolley, 2 Excli. 88. See § 99. It is sufficient to constitute a nuisance under this sub-section if a furnace, though ^Vell constructed, is systematically badly worked. Observations on the duty and powers of the Local Authority in investigat- ing an alleged nuisance of this kind. Local Authority of Dmvfries v. Murphy, 11 E. 694. The Smoke Nuisance Abatement Act, 1857, 20 & 21 Vict. c. 7,3, amended by the Smoke Nuisances Act Amendment Act, 1861, 24 Vict. c. 17, and the Smoke Nuisances Acts Amendment Act, 1865, 28 & 29 Vict. c. 102, applies to every town and burgh having not less than 2000 inhabit- ants. The duty of prosecution under these Statutes is not laid upon the Local Authority under the Public Health Acts. See also § 99. 20 Circumstances in which it was held that a churchyard was a nuisance under this sub-section, and the same ordered to be closed. Locrd Authority of Minburghv. Kirh-^ession of St. Ciithhert's, 2.3rd March, 1874, 2 P.L.M. 203 ; Local Authority of Gonrock, 24th Septenibei-, 1875, 4 P.L.M. 86. See also § 96, note 5. §§ 16-17. 17. If the Local Authority or sanitary inspector have rower of reasonable grounds for believing that nuisance exists in any Authority oi^^ preniises,! such Local Authority or inspector may demand oncers, admission for themselves, the superintendent of police, and the medical officer, or any other person or persons whom the Local Authority may desire to inspect such premises,^ or for any or all of them, to inspect the same at any hour between nme ]n the morning and six in the evening, or at any hour when the operations suspected to cause the nuisance are in progress or are usually carried on; and if admission bo refused the Local Authority or sanitary inspector may apply to the Sheriff, or to any magistrate or justice of the peace having jurisdiction in the place,' stating on oath such beliefs- and such Sheriff; magistrate, or justice may, with or without intimation to the owner, occupier, or person in charge of the premises by order in writing.B require the occupier or person having the custody of such premises to admit the Local Authority and others foresaid ; and if such occupier or person refuse or fail to obey such order, he shall on convic- five pounds^; and on being satisfied of such failure or refusal the Sheriff, magistrate, or justice may grant warrant^* to such person or persons for immediate fLible entry fnto the c](https://iiif.wellcomecollection.org/image/b21920576_0037.jp2/full/800%2C/0/default.jpg)
