Nuisances Prevention Act 1875 No 21a (NSW)
No. XIV.
An Act for prevcntiin»- certain Nuisances in
the City of Sydney and other Municipali”
| ties. [11 | Aufjust, 1875.] |
1 1 / H E llE A S it is expedient to make more etFectual provision for V Y improving tlie sanitary condition of the City of Sydney and
its Suburbs and other IMunieipalities by the suppression of certain nuisances prejudicial to the public health Bo it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and con sent of the Legislative Council and Legislative Assembly in this present Parliam ent assembled and by authority of the same as follows (that is to say) :—
1. This Act may be cited in all legal proceedings as the short title.
“ Nuisances Prevention Act 1875.”
2. This Act shall come into operation in the City of S y d n e y Commencement of
and all other municipalities at such dates respectively as the Governor with tire advice of the Executive Council shall from time to time appoint by proclamations published in the Gazette.
3. The Governor may at any time by proclamation exempt for The Governor may
a stated period or otherwise any municipality from the operation of
any sections or clauses contained in this Act and specified in such operation of specified
| proclamation. | sections. |
Interpretation o f terms.
4 . In the construction of this Act the following Avords within interpretation of
inverted commas shall have the meanings assigned to them respcc-
tively unless inconsistent with the context (that is to say) :—•
“ Council ”—The Municipal Council of Sydney or of any other
municipality or combined m unicipalities;
“ M unicipality ”—A municipal borough or municipal district ;
“ Governor ”—The Governor ivith the advice of the Executive
C ouncil;
“ Inspector
| 40 | m . 14. | 39° VIC. | 1875. |
Nuisances Prevention.
Inspector of Nuisances ”—The inspectcr of nuisances of any municipality or other officer Avho may he appointed by the M unicipal Council to execute any powers or duties A'ested in the said council or inspector of nuisances by this A c t ;
Owner ”■—-The proprietor landlord or person a t the time receiv ing th(! rent Avhether on his own account or otherwise or who shall claim to be the OAvner ;
Occuiiant ”—The tenant or other person C'ccupying the premises
except a bond fide seiwant of the OAvner ;
Premises ”—Any land Avhether any building be erected thereon
or n o t ;
Closet ”—Any prhw AA’ater-closet earth-closet or place used for the reception of faecal matter or urine or earth mixed there- Avith;
Cesspit ”—Any cesspit tank box or othe]’ receptacle for faecal
m atter or urine not discharged by w ater;
Night-soil ”—Paecal m atter or urine ;
Earth-closet”—Any mechanical contrivance by Avhich faecal
matter may be receNed and deodorized by the agency of dry
earth or ashes Avithout being discharged by Avater;
Boxes”—The receptacles used in earth-closets ;
Night-soil depot ”—The place appointed for the deposit of night-
soil removed from cesspits.
Local authorities fo r the execution o f this Act.
| MunieipaiCounciisto | 5 . Within the boundarics of the City of Sydney and Avithin the boundai’ics ot cvei'y municipal borough or municipal district tlie Council of each municipality respectNely shall exercise and execute the several powers authorities and duties requisite for carrying into effect the intentions of this Act. |
| powers &c. of this | |
| Adjoining munici- | 6 . Whenever tAVO or more municipalities adjoin or are adjacent Combine for the purpose of carrying into effect the objects and inten tions of this Act it shall be laAvful for each of them to nominate an alderman (but the Council of Sydney in such case may nominate tAvo aldermen) avIio shall together Avith the several mayors jointly form a Board of Councillors avIio shall thereupon be authorized — |
| for*the | oM^ ̂ | otlier aiid the several Councils thereof >leem it expedient to |
carrjinĝ out*thi3°
And thereupon may
| make by-laws. | (1.) To make all necessary by-hiAvs for the purposes aforesaid Avhich after approA’al by the Governor a ad publication in the Gazette shall have the same effect and validity and may be enforced as if the same had been separately made by each Council as hereinafter provided And the said Board of Councillors shall alone have the poAi'er at any time of repealing or altering such by-laAvs with the approval of the Governor; |
| And also make any | |
| eontracts. | (2.) And also to contract upon such terms and conditions as they may see fit Avith any persons for doing any work matter or thing authorized to be done by any Council under this A c t; |
| And also make any | (3.) And also to appoint an inspector of nuisances or other |
| appointments. | officers to act for any such combined municipalities in the performance of any of the duties imposed upon the inspector of nuisances or other officers by this Act or by any by-laAvs Avhich may be made by the said Board o? CoAuicillors ; |
| And also manage | (4.) And also generally to control and manage all matters and |
| all matters. | things Avhich the Councils or the said off cers respectively are by this Act required or empowered to do and perform. |
| 1875. | 39° VIC. | No. 14. |
Nuisances Prevention,
7. The Council of Sydney or of any other municipality may The Council of
contract from time; to time with the Council of any other municipality tratrmfiran''^other for the performance of any duty or work imposed by this Act upon Council to carry tins any such last-mentioned Council or its oflheers.
8. I f the Council of any municipality (after the Governor if any Council
shall by his prodam ation have declared this Act to he in force within
| tlie same municipality) shall neglect for two months— | ” | ’ |
(1.) To make proper and sufficient by-laws for carrying into etfect such duties as are by this Act imposed upon i t ;
(2.) Or to appoint an inspector of nuisances or other necessary Or to appoint an in
officers;
(d.) Or shall in the opinion of the Governor have wilfully failed Or shall wilfully
| to comply with such provisions of this Act as the said Council | proU aio^ of u ia |
| shall not have been exempted from as hereinbefore provided au ; for ; |
I t shall he lawful for the Governor thereupon—
(1.) To make regulations for carrying into effect the aforesaid The OoTeruor may-
| provisions wliich after publication in the Gazette shall within | ^®s"iations; |
the said municipality have the same force and validity as To have tiie validity
| any by-law made under the authority of this A c t; | by-iaws; |
(2.) And to appoint an inspector of nuisances and other officers And may appoint an for performing the aforesaid duties and thereupon gueh inspector and other officers shall he entitled to demand and recover from the said Council such reasonable salary or wages whose salaries shall
as the Governor may have assigned to each officer respectively
| on making the appointment and such inspector and other | ' |
| officers shall or may severally exercise all the powers and authorities vested in such oflTicers respectively by this Act in the same m anner and to the same extent in all respects as if such inspector or other officers had been appoinfed by any Council under the authority of this Act. |
The Cleansing o f Cesspits.
9. Prom and after the time when by the Governor’s proclama-Owners or occupants tion this Act shall be declared to have come into operation in any named ,”fitted™nmptyE ̂ municipality the owner or occupant of any premises within the same own cesspits,
shall not empty or cause to he emptied any cesspit which may he included in his premises without the sanction in writing of the Council or inspector of nuisances Provided however th a t such sanction shall not he given unless the officers of the said Council are by accident or unforeseen circumstances at the time unable to empty such cesspit with the proper night-carts and appliances appointed to he used by them whether supplied by a contractor or by the Council And any such owner or occupant so offending shall be liable to a penalty not exceeding ten pounds.
10. The Council in each municipality shall cause its own Municipal Coimoiis
servants or contractors under the direction of the inspector of nuisances be emptiecr̂ ”''*
or other officers appointed in tha t behalf to empty all cesspits within
the same municipality once at least every six months if necessary
in the opinion of the inspector of nuisances And such Council shall
cause to ho used such implements and appliances and shall take all
such other measures in the performance of the work as shall he
deemed best adapted for the suppression of off'ensivc smells or the
suppression of other nuisances.
| 11. I f at any time the cesspit in any premises sliall overflow o hurst or cease to be water-tight or if from any other cause its contents not.'iorof auf™ are liable to escape or the effluvia arising therefrom becomes excessive ooieance occurring or any otlier nuisance in connection therewith occurs the occupant tUo cesspit; | r occupant of |
or
| No. 14. | 39" VIC. | 1875. |
Nuisances Prevention.
or the owner (in case the premises shall not he occupied by any other person than the owner’s bond fide servant) of the premises shall
or he shall be liable within twenty-four houi’s give notice thereof to the inspector of
to a penalty of £10. nuisanccs othei'wise such occupant or owner as the case may he shall
he liable to a penalty not exceeding ten pounds.
Miscellaneous Clauses.
| No sewer or drain to | 12. It shall not he lawful for any person to construct in any |
be allowed to connect
| with cesspits &c. | manner a gutter or drain whether above or below tlie surface of the ground on premises in any municipality which shall communicate with a street sewer or gutter in any manner so that the contents of any cesspit whether in the case of an overflow or otherwise may be discharged into such street sewer without the express written s inction of the Council |
| Under a penalty not | |
| exceeding dt20 nor | first obtained And Avhoever offends against this enactment shall he |
less than £1liable to a penalty not exceeding tw'enty pounds and not less than one
| per diem during h _ _ _ I J _ O X. . . _ ^ | and not exceeding £2 pound and a further penalty not exceeding two pounds for every day | |||
| ||||
| Any drain &c. now | ||||
| ||||
| ||||
| to this Act may be | ||||
|
| (1.) | Injux’ious to the h e a lth ; | ' |
(2.) Or opposed to decency by exposm’e or otherwise;
(3.) Or which may present obstacles to the emptying or cleansing
of cesspits;
(4.) Or may afford insufficient closet accommodation ;
(5.) Or Avhich may hereafter be made or constructed or placed
contrary to the provisions of this Act or of any by-laws made
under its authority.
All reasonable
| expenses incurred | 14. All reasonable expenses incurred by any Council in carrying |
| by Councils to be | into effect any of the proAusions of this Act upon or in respect of any |
| repaid by owners | premises -shall be repaid to the Council by tl e OAvner or occupant |
| &o. | within one Aveek after a Avritten demamd of the amount made by the Council or inspector of nuisances shall have b(3en served upon him otherwuse the same may be recoA êred by the Council after the service of the notice next mentioned by summary proceedings in the manner hereinafter set forth. |
| notice to be first |
| One week’s written | 15. Before commencing any such worlvS or operations the |
| served on the owner | Council or inspector of nuisances shall give at h ast one Aveek’s notice |
| or occupant. | in Avriting to the OAvner or occupant of the premises (AA'hen such delay is not considered by the Council or inspector of nuisances to be injurious to the public or in other respects inexpedient in AAhich case three days notice shall be sufficient) requiring him to perform the work therein specified and notifying that in default of his compliance therewith during the time Avhich may be alloAvecl by any by-law' made for the purpose of dealing Avith such cases the Council will cause sucli specified Avork to he done at his expense. |
| The occupant may | recover from the16. I f the occupant of the premises be not also the owner and |
| owner any sumŝ aid shall iiot lumself liaA'e causcd the subject matter comjAlained of and to the Council under specified in the notice mentioned in the last section and shall forthAvith Act. alter the delivery ot such notice serve the sam(3 on the owner ot the |
premises and if such OAAmcr does not AAuthin tlie tune mentioned in the last preceding clause perform the Avork as before-mentioned such occupant may thereupon comply with the terms of the said notice and after defraying the necessary expense occasioned thereby he may deduct the amount from any rent then due by him or accruing
or
| 1875. | 39“ VIC. | No. 14. |
Nuisances Prevention.
or at his option suo for and recover the same with costs of suit from the owner as for money paid to his use in an action brought in any Court of competent jurisdiction.
17. Whoever refuses to obey an order of a Justice as hereinafter Persons obstructing
provided for the admission of the inspector of nuisances or oilier
officer or persons autliorized to carry into effect any operations or a penalty,
measures under the authority of this Act or their respective Avorkmen
or labourers upon any premises or aaJio wilfully obstructs any person
acting under the authority or employed in the execution of this Act
shall be liable for every such offence to a penalty not exceeding ten
pounds nor less than one pound.
Power to make By-laws.
18. As soon as this Act shall come into operation in any Municipal Cmmeiu
| M unicipality the Council thereof is hereby required and authorized to | by laws, |
| make all such hy-laivs as may he necessary for carrying into effect the several provisions of this Act Provided that a copy of all such hy-layvs sealed with the seal of the said Council shall he sent to the Governor for confirmation and Avhen so confirmed shall he published in the Gazette ProAuded also that copies of all such by-laAvs after confirma tion and publication as aforesaid shall fortliAA ith he laid before both Houses of Parliament if at the time in Session othenvise Avithin one month after the commencement of its then next Session. |
19. All hy-laAVS AA'hcn so confirmed and published hut not By-laws to iiave the
| before shall have the same force and effect when made in accordance | Jo |
| Avith the provisions of this Act until repealed or altered as if each evidence, respectively had formed a part of this Act and the production of tlie 6V/2'ê /(? containing them shall he sufficient evidence upon any trial or proceeding in any Court of every such hy-laAV having been duly made and promulgated. |
| 20. Every Council may make by-laws in the manner provided The subjects of | by-laws. |
| for all or any of the subjects folloAviug (that is to say)—■ | "" |
(1.) The regulating the construction in all respects the dimensions
and situation of cesspits and closets to he hereafter made ;
| (2.) | Prescribing the degree of closet accommodation to he supplied for dAvelling-houses factories or any other places of business; |
(.3.) Jh'OAuding for such alterations as may lie requisite in the opinion of the inspector of nuisances or any officer appointed by any Council in that liehalf for preserving public health or decency in the case of existing cesspits and closets;
(1.) To appoint a place AAutli the approval of the Governor either Avithin or Avithout the municipality as a general depot for the deposit of night-soil;
(5.) The method to he employed in the removal of night-soil from
cesspits and also Avhctlu'r by contract or otheiwise ;
(0.) The manner of its disposal Avhether by burying in the earth
or casting it into the sea or otherwise ;
(7.) I f sold or given away making all necessary conditions and stipulations for the proper transit of the night-soil and its ultimate disposition;
(8 .) To regulate the height above the surface of the ground and the depth beneath of all cesspits respectively intended to he constructed varying or not according to the nature of the ground and the probable number of persons for Avhom it is intended;
(9.) To appoint the days and hours for the inspection of premises or for doing any work authorized by this Act th e re in ;
| ' | ( 10 . ) |
| 44 | ISTo. 14* | 39° VIC. | 1875. |
Nuisances Frecention.
(10.) To frame any other regulation for carrying into etfect the
intentions and objects of this Act.
| By-laws may state | 21. Every by-law made in accordance wit a the provisions of this Act may state some maximum and minimum penalty for any neglect or breach thereof Provided tha t no penalty shall exceed twenty pounds. |
| maximum and | |
| minimum penalties. |
| chase or rent land22. Every Council is hereby authorized :o purchase or ren t for | Councils may pur |
| fornlght-so*ii depots, any term of years or otherwise so m uch land as may be deemed sutficient for the purpose of forming a dep6t for the reception of night- soil whether the situation of the said land be within the boundarics of the municipality or otherwise. |
| The construction and situation o f Closets and Cesspits. | ■ |
| No person hereafter | 23. No person shall hereafter place any closet or make or place la tte r of any unauthorized materials or dimensions And any person so offending shall be liable to a penalty not excseding twenty pounds nor less than two pounds And if the closet be removed or the cesspit filled up as the case may be by the inspector of nuisances (and which he is hereby authorized to do) the person offending as above-mentioned shall also be liable to pay all the expenses incurred thereby and which may be recovered by summary proceedings in the manner hereinafter provided. |
| allowed to form a | |
| cesspit in any spot | any cesspit in any unauthorized spot upon his pr(;mises or construct the |
| unautliorized. | |
| Councils may incur | |
| expenditure for pre | 24. Every Council of a M unicipality in the neighbourhood of the sea-coast on determining either to dispose of the night-soil by casting it into the sea or to provide a depot as hereinbefore authorized is hereby empowered to incur all needful expenditure in enclosing or otherwise preparing such depot and providing all proper plant and appliances for dealing with the night-soil therein Avhether by burying the same in the ground or otherwise and also for making and repairing any roads leading either to the salt Avater or to the dep6t as the case may be. |
| paring depot &c. |
^Proceedings fo r removal o f Nuisamces.
Power ofentry on pre
| mises for inspector | 25. W henever the inspector of nuisances has reasonable grounds for believing th a t there exists on any pi’emises in the m unici pality a foul closet whether occasioned by the blocking-up of water- closet pans or of their discharge pipes or the surcharge of cesspits or of earth-closet boxes or insufficient closet accommodation or any concealed drain connected w ith the closet or any other nuisance in connection with the closet cesspit or well such inspector may demand admission on the premises from the owner or occ upant to inspect the same at any time between the hours of ten ĉ ’clock a.m. and four o’clock p.m. except on Sundays. |
| of nuisances &c. | |
| Inspector of |
| nuisances may give | 26. Such inspector on discovering the existence of any such |
| notice to owner or | nuisance as above mentioned or any other of a like kind may there |
| occupant to remove | upon give a notice in AAwiting to the owner or occupant to remove the |
| any nuisance. | same forthwith or Avithin a time to be therein stated according to the exigency of the case and to purify the locality by cleansing and the application of disinfectants or otherwise And if the OAvner or occupant shall not have complied Avith such notice; before the expiration of the time limited he shall be liable to a penaltj not exceeding twenty pounds nor less than two pounds and also to pay any reasonable expenses incurred by the Council in remoAong the said nu: sance (and which the Council is hereby entpowered to do) Avhich exp(;nses may be sued for and recovered in a summary Avay as hereinafter provided. |
| 1875. | 39° VIC. | No. 14. |
Nuisances Prevention.
27. I f the owner or occupant shall refuse permission for the if admission be
inspector of nuisances to enter as before mentioned or shall prevent ™UsaiiwTimy ™btâ ̂
his entry upon the premises any Justice on an affidavit made before an order from any
him of the said inspector’s belief in the existence of any nuisance to be
expressly stated in such affidavit may by order under his hand require
the owner or occfipant to admit the said inspector upon the premises
who may thereafter enter and examine and remove such nuisance and
take all such measm’es as are authorized by section fifteen.
28. I f the occupant of any premises prevents the owner thereof Occupant of premipes
| from obeying or carrying into effect the provisions of this A ct any | lie to a penalty. |
| Justice to whom application is made on affidavit made before him in tliis behalf shall by order in A\n’iting require such occupant to desist from snch prevention or to permit the execution of the work required to be executed provided that such work appears to such Justice to be necessary for the purpose of obeying or carrying into effect the pro visions of this Act and if Avithin three days after the service of such order the occupant against whom it is made do not comply therewith he shall be liable to a penalty not exceeding five pounds for every day afterwards during the continuance of such non-compliance. |
Legal Proceedings.
| under its authority for offences committed and all sums of money council filmUorpû ̂ ordered to be paid thereby may be recovered and all complaints heard poses of this Act. in a summary Avay before any two Justices according to the pro visions of the Act fourteenth Victoria num ber forty-three and the | 29. All penalties imposed by this Act or by any by-laAV made Aii penalties imposed over to the Council interested to be applied in aid of its expenses under this Act. |
30. Any notice summons order or other legal document may Sorrice of notices Ac.
be served personally upon any owner or occupant of premises or may be delivered to any person being apparently above the age of fourteen years resident on the premises.
31. Nothing in this Act shall be construed to affect any of the This Act not to affect
| provisions of the | “ Municipalities | Act of 1867” | other than such as o ^ ^ T p a h a L s Act |
relate to the class of nuisances for which this Act is intended to of i867” &c.
provide or of any other Act as to m atters included in this Act nor to
impair any power of abating nuisances at common law and all
municipal officers or other jicrsons may respectively proceed for the
abatement of nuisances w ithin any municipality or in respect of any
other m atter or thing hereinbefore provided for referred to under the
before-mentioned A ct or any other Act conferring jurisdiction in respect
of the several nuisances m atters and things referred to in this A ct or
any by-laws framed under any such A ct as they may think fit.
32. All complaints or other legal proceedings for the breach of All legal proceedings this A ct or of any by-laws made under its authority may bo laid^L'^of^feinspector and taken by the inspector of nuisances or any other officer appointed of nuisances.
by the Council in tha t behalf against any person for non-compliance
w ith or any breach of this Act.
33. Any person feeling himself aggrieved by any conviction or Appeal allowed to
| penalty or charge imposed under the authority of this Act where the | •‘Sessions, |
| penalty or sum exceeds five pounds may appeal against the same to the next Court of Quarter Sessions holclen in the district where the subject m atter thereof arose unless such Quarter Sessions shall be held within fourteen days from the date of such conviction or judgm ent and in th a t case to the Court of Quarter Sessions then next following |
And
| 46 | No. 14. | 39. VIC. | 1875. |
Nuisances Prevention.
And such Court shall have power to hear and determine the m atter in a summary way and shall have and exercise all other powers vested in them by the th ird section of the Act fifth W illiam the Fourth number twenty-tivo and the decision of such Ccurt shall he final and conclusive in respect to the subject m atter of such appeal Provided always th a t the person so appealing shall have given ivritten notice seven days at the least before the hearing of such appeal of his in ten tion to appeal and stating the grounds thereof to any one of the con victing Justices and to the inspector of nuisancers or other officer duly appointed by the Council and who prosecuted r,he m atter before the Justices in Petty Sessions and provided also tha t such person (in case a penalty shall have been awarded against him) shall pay into the hands of the convicting Justices the full amount thereof together with the costs awarded within one week next after conviction and shall within the same period enter into a bond with two sureties approved by such Justices conditioned to prosecute such apperl with effect and to abide the event of such appeal and to pay the full amount of all such costs as may on such appeal be awarded against him.
| Forms in Sclicdule | 34. The forms contained in the Schedule to this Act annexed or any other forms to the hke effect but varied as cirumstances may require may be used for legal instrum ents under this Act and shall be sufficient for the purpose intended. |
| may be used. |
| Proceedings not to | 35. No order nor any other proceeding m atter or thing done or |
| bo qiiaslicd or set |
| aside for want of | transacted in relation to the execution of this Act shall be vacated |
| form. | quashed or set aside for want of form nor be removable by certiorari or otherwise into the Supreme Court. |
SCHEDULE OE EOEMS.
| F o e v | a . |
Order of Justice for admission o f Inspector o f Nuisances or other officer to inspect premises.
To Mr. G.H. or the owuer or occupant of the premises \here describe the same as in the
body o f the orderi\
"Wheheas A.B. the inspector of nuisances for the municipalit;' of i f f acting fo r any combined municipalities add and other combined mun cipalities] has made oath before me E.E. Esquire one of Her Majesty’s .Justices of the Peace of his belief that a nuisance within the meaning of the “ Nuisances Prevention Act 1875” exists on premises situate in street [desmbe the number or ninie and the situation o f the premises so as to identify thcni] of which premises you are said to be either the owner or occupant and that demand of admission to such premises for the inspection thereof has been duly made and refused Now therefore 1 the said E.E. do hereby require you to admit the said A.B. with or without his workmen or assistants for the purpose of inspect ing and examining the said jiremises under the provisions of tue said Act.
| Given under my hand this | day of | 18 | . |
|
Eoem
| 1875. | 39'’ YIC. | No. 14. |
Nuisances Prevention.
| I'OR.M | B. |
Summons for a Nuisance.
To Mr. G.ll. or the owner or occupant of the premises \Jiero describe the same as in the
hod>) o f the siiminon.-i.'\
Si/diiei/ [state name o f Police District^ to wit.
Yor are hereby summoned to appear before two of Her Majesty's Justices of the Peace
| at the Petty iSessions holden at the Police Office | [insert ■plime'] on tlie |
| day of | next at the hour of | in the forenoon to answer tlie complaint this |
day made to me by A.B. tlie inspector of nuisances for the municipality of
[if acting for ani/ combined Munwipalities add and other combined munieipaliticsj that in
or njion certain premises situate in street [describe the number or name
and the situation o f the premises so as to identifj theni\ the following nuisance exists
[describing it as the case map be as nearh/ as convenient in the icords o f the Act or bp-laiv~\
and that the said nuisance is caused by the act or default of the owner or occupier of
the premises or by yourself G.H.
Given under the hand of me P.F. Bsquiro one of Her INfajesty’s Justices of the
| Peace [or Police M agistrate/cr the d tp o f Spdnep[ this | day |
| of | Is | . | E. | P. J.P. |
| F orm | C. |
Order to permit e.vccution o f ivories bp owner or bp the Inspector o f Nuisances.
Sydnep [state name o f Police Pistrictl] to wit.
To Mr. G.H. or the owner or occupant of the premises [describinp them as in Pbrm B.']
'W n E U E A S C.D. the owner of the said premises within the meaning of the “ Nuisances
I'revention Act 1875” [or Mr. A.B. the inspector of nuisances for the Muuicijial Council of ] having appeared before me E.F. Esquire one of Her Ma jesty’s Justices of the Peace [or Police Magistrate] and having made oath to me of his belief that a nuisance within the meaning of the aforesaid Act existed on the premises above- mentioned of which you arc said to be the occupant and that you the said G.H. being such occupant have prevented the said C.D. [or the said A.B.] 'from obeying and c.arrying into effect the provisions of the said Act that is to say that you the said G.H. jireveutcd [here describe the act of prevention generallp for instance thus : prevented the said C.D. from repairing a cesspit or removing a closet or digging up a drain connected with the cesspit which is a nuisance and injurious to health] And whereas you the said G.H. having been summoned this day to answer the said complaint and not having shewn sufficient cause against the same [or having failed lo attend ns the case map bep and it appearing to me that it is necessary that [hero describe the act or ivork to be done, for instance th is : that the said cesspit should be repaired or that the said closet should be removed or that the said drain should bo dug up] for the purpose of enabling the said C.D. [or the said A.B.] to obey and carry into effect the provisions of the said Act I do hereby order you the said G.H. to jiermit the said C.D. [or the said A.B.] to do and jierform the aforesaid duty' and works
| according to the provisions of the said Act and by-laws. | " |
| Given under my hand and seal at Sydney tliis | day of | 18 | . |
| E. | F. J.P. |
| O th er | F orm s. |
-iny other legal instrument reijuisite may readily be ada,])ted from the’Forms annexed to the Act fourteenth Ahetoria number forty-three and the English statutes thereby adopted.
No. XV.
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