Statutory Nuisance

Public Health (Ireland) Act 1878

38. Power to purchase premises for improvement of streets

Any urban authority may purchase any premises for the purpose of widening, opening, enlarging or otherwise improving any street, or (with the sanction of the Local Government Board) for the purpose of making any new street.
Provision of privy accommodation for houses
If a house within the district of a sanitary authority appears to such authority to be without sufficient watercloset, earthcloset, or privy accommodation, and a properly constructed ashpit, the sanitary authority shall, by written notice, require the owner or occupier of the house, within a reasonable time therein specified, to provide sufficient watercloset, earthcloset, or privy accommodation, and an ashpit constructed as aforesaid, or either of them, as the case may require.
If such notice is not complied with, the sanitary authority may, at the expiration of the time specified in the notice, do the work thereby required to be done, and may recover in a summary manner from the owner the expenses incurred by them in so doing, or may by order declare the same to be private improvement expenses: Provided that where a watercloset, earthcloset, or privy has been and is used in common by the inmates of two or more houses, or if in the opinion of the sanitary authority a watercloset, earthcloset, or privy may be so used, they need not require the same to be provided for each house.

57. Penalty in respect of certain nuisances on premises

Any person who in any sanitary district—

(3) Allows the contents of any watercloset, privy, or cesspool to overflow or soak therefrom, shall, for every such offence be liable to a penalty not exceeding €2.54 [forty shillings], and to a further penalty not exceeding €0.32 [five shillings] for every day during which the offence is continued, and the sanitary authority shall abate or cause to be abated every such nuisance, and may recover in a summary manner the expenses incurred by them in so doing from the occupier, or, in the case of houses let to weekly or monthly tenants, or in separate apartments, from the owner of the premises on which the nuisance exists.

59. Removal of filth on certificate of inspector of nuisances or sanitary officer

Where in any urban district it appears to the inspector of nuisances or sanitary officer that any accumulation of manure, dung, soil or filth, or other offensive or noxious matter, ought to be removed, he shall give notice to the person to whom the same belongs, or to the occupier of the premises whereon it exists, to remove the same; and if such notice is not complied with within twenty-four hours from the service thereof, the manure, dung, soil or filth, or matter referred to, shall be vested in and be sold or disposed of by the urban authority, and the proceeds thereof shall be applied in payment of the expenses incurred by them in the execution of this section; and the surplus (if any) shall be paid on demand to the owner of the matter removed.
The expenses of removal by the urban authority of any such accumulation, if and so far as they are not covered by the sale thereof, may be recovered by the urban authority in a summary manner from the person to whom the accumulation belongs or from the occupier of the premises, or (where there is no occupier) from the owner.

64. Power of carrying mains

Where a sanitary authority supply water within their district, they shall have the same powers and be subject to the same restrictions for carrying water mains within or without their district as they have and are subject to for carrying sewers within or without their district respectively by the law for the time being in force.

65A. [Power to make and fix charges for water.

[(1) A sanitary authority may make charges for water supplied, whether within or outside their functional area, by them, but after the 31st day of December, 1996, a sanitary authority may not make a charge for a supply by them of water for domestic purposes.

(1A) Nothing in subsection (1) of this section shall be construed as preventing a sanitary authority from recovering a charge made by them, on or before the 31st day of December,1996, for a supply by them of water after that date.]
[ … ]

(2) A charge under this section may be fixed from time to time by reference to any one or more of the following:
(a) the quantity of water supplied,

(b) the rateable valuation of the premises supplied,

(c) the purposes for which the water is required,

(d) the description of the premises supplied,

(e) any other matter which the sanitary authority consider suitable,

and may be so fixed either without or subject to any maximum or minimum limit.

[(3)
(a) A sanitary authority may, if it is satisfied that it is appropriate so to do on grounds of personal hardship, waive all or portion of a charge made by it under this section.

(b) Where a charge (or portion thereof) is waived under paragraph (a) of this subsection, the liability of a person to pay that charge (or portion thereof) and any obligation on the sanitary authority by whom the waiver was made to collect the charge (or portion thereof) shall cease.]

(4)
(a) Where—
(i) any waterworks are acquired by a sanitary authority, and

(ii) there are premises which, immediately before the acquisition, were supplied with water from the waterworks,

the Minister may determine limits for the charges which, during a specified period ending not later than twenty years after the acquisition, may be fixed for water supplied from the waterworks to those premises and, upon such determination having been made, the foregoing provisions of this section shall have effect subject to the determination.

(b) Limits shall not be determined under this subsection in relation to a waterworks acquired by agreement save at the request of the sanitary authority or of any person from whom the waterworks or any part thereof was acquired.

(5) Where a charge under this section is by reference to the quantity of water supplied, the sanitary authority are hereby authorised to supply the water by measure and the supply shall be taken by meter.

(6) A charge under this section shall be paid by and recoverable from the person to whom the water is supplied.

(7) A charge under this section for water supplied otherwise than by measure shall be payable in advance by equal half-yearly instalments on the [1st day of January] and the [1st day of July][, or by such other instalments as the sanitary authority to whom the charge is payable shall determine,]and, in default of being paid within two months after becoming payable, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(8) A charge under this section for water supplied by measure shall be payable on demand by the sanitary authority and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(9) A sanitary authority may discontinue a supply of water in respect of which a charge under this section remains unpaid after the expiration of two months after the charge has become payable and—
(a) the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge,

(b) the cost of re-connection shall be payable by the person liable for the charge.

(10) References in this Act, or in any Act incorporated with or amending this Act, to water rates or water rents shall be construed as references to charges under this section.

(11) Any reference in this Act, or in any Act incorporated with or amending this Act, to a supply of water for domestic purposes shall be construed as a reference to a supply of water for ordinary household purposes (for example, drinking, washing and sanitation), [to a dwelling house or a group water supply scheme], but exclusive of—
(a) a supply for agriculture or horticulture,

(b) a supply for any trade, industry or business,

(c) a supply for any purpose incidental to a dwelling-house or private garden (including washing a private vehicle) if the water is drawn otherwise than from a tap inside a dwelling-house or if a hosepipe or similar apparatus is used,

(d) a supply for central heating other than central heating of a dwelling-house,

(e) a supply for apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.]

[(f) a supply to a sanitary authority.]

[(12) Where water supplied by a sanitary authority constitutes, or may constitute, a supply for domestic and other purposes, a sanitary authority may make such estimation, as they consider reasonable, of the proportion of that supply likely to be used for domestic purposes and may have regard to any such estimation in determining whether, and on what basis, to make a charge for a supply of water under this section.

(13) In this section—
‘dwelling house’ means a building or part of a building used by a person as his or her place of private residence (whether as his or her principal place of such residence or not) and includes accommodation provided in such a residence to one or more students to enable them to pursue their studies but does not include any part of a building used for the provision, for the purposes of reward, with a view to profit or otherwise in the course of business, of accommodation, including self-catering accommodation, (other than accommodation provided in a place of private residence aforesaid to one or more students for the purposes aforesaid) unless the person to whom the accommodation is so provided uses the accommodation as his or her principal place of private residence;
‘group water supply scheme’ means a scheme whereby there is provided a private supply of water by means of a common or shared source of supply and distribution system.]

67. Certain provisions of 10 & 11 Vict. C17 and 26 & 27 Vict. C.93 incorporated

For the purpose of enabling any sanitary authority to supply water there shall be incorporated with this Act the Waterworks Clauses Act, 1863, and the following provisions of the Waterworks Clauses Act, 1847; (namely,)
“With respect” (where the sanitary authority have not the control of the streets) “to the breaking up of streets for “the purpose of laying pipes;” and
“With respect to the communication pipes to be laid by the “undertakers;” and
“With respect to the communication pipes to be laid by the “inhabitants;” and
“With respect to waste or misuse of the water supplied by the “undertakers;” and
“With respect to the provision for guarding against fouling “the water of the undertakers;” and
“With respect to the payment and recovery of the water rates.”
Provided,—
That the provisions with respect to the communication pipes to be laid by the undertakers and the inhabitants respectively shall apply only in districts or parts of districts where the sanitary authority lay any pipes for the supply of any of the inhabitants thereof; and
That any dispute authorised or directed by any of the said incorporated provisions to be settled by an inspector or two justices shall be settled by a court of summary jurisdiction; and
That section forty-four of the Waterworks Clauses Act, 1847, shall for the purposes of this Act have effect as if the words “with the consent in writing of the owner or reputed owner “of any such house, or of the agent of such owner,” were omitted therefrom; and any rent for pipes and works paid by an occupier under that section may be deducted by him from any rent from time to time due from him to such owner.

81. Power for sale of undertaking of gas company to urban authority

For the purpose of supplying gas within their district, or any part thereof, either for public or private purposes, any urban authority may (with the sanction of the Local Government Board) buy, and the directors of any gas company, in pursuance, in the case of a company registered under the Companies Act, 1862, of a special resolution of the members passed in manner provided by that Act, and in the case of any other company, of a resolution passed by a majority of three fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened with notice of the business to be transacted, may sell and transfer to such authority, on such terms as may be agreed on between such authority and the company, all the rights, powers, and privileges and all or any of the lands, premises works, and other property of the company, but subject to all liabilities attached to the same at the time of such purchase.

104. Power for sale of undertaking of market company to urban authority

Any urban authority may purchase, and the directors of any market company, in pursuance, in the case of a company registered under the Companies Act, 1862, of a special resolution of the members passed in manner provided by that Act, and in the case of any other company, of a resolution passed by a majority of three fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened with notice of the business to be transacted, may sell and transfer to any urban authority, on such terms as may be agreed on between the company and the urban authority, all the rights, powers, and privileges, and all or any of the markets, premises, and things which at the time of such purchase are the property of the company, but subject to all liabilities attached to the same at the time of such purchase.

107. Definition of nuisances

For the purposes of this Act —
(1) Any premises in such a state as to be a nuisance or injurious to health:

(2) Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit so foul or in such a state as to be a nuisance or injurious to health:

(3) Any animal so kept as to be a nuisance or injurious to health:

(4) Any accumulation or deposit which is a nuisance or injurious to health:

(5) Any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family:

(6) Any factory, workshop, or workplace not kept in a cleanly state, or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust, or other impurities generated in the course of the work carried on therein that are a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein:

(7) […]

shall be deemed to be nuisances liable to be dealt with summarily in manner provided by this Act:
This section shall be deemed to be an enactment substituted for the provisions of section nineteen of the Public Health Act, 1866, within the meaning of section one hundred and six of the Factory and Workshop Act, 1878.

108. Duty of sanitary authority to inspect district for detection of nuisances
It shall be the duty of every sanitary authority to cause to be made from time to time inspection of their district, with a view to ascertain what nuisances exist calling for abatement under the powers of this Act, and to enforce the provisions of this Act in order to abate the same; […].
109. Information of nuisances to sanitary authority
Information of any nuisance under this Act in the district of any sanitary authority may be given to such sanitary authority by any person aggrieved thereby, or by any two inhabitant householders of such district, or by any officer of such authority, or by the relieving officer, or by any constable or officer of the police force of such district.

110. Sanitary authority to serve notice requiring abatement of nuisance

On the receipt of any information respecting the existence of a nuisance the sanitary authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default, or sufferance the nuisance arises or continues, or, if such person cannot be found, on the owner or occupier of the premises on which the nuisance arises, requiring him to abate the same within a time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided—
First. That where the nuisance arises from the want or defective construction of any structural convenience, or where there is no occupier of the premises, notice under this section shall be served on the owner:

Secondly. That where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, the sanitary authority may themselves abate the same without further order.

111. On non-compliance with notice, complaint to be made to justice

If the person on whom a notice to abate a nuisance has been served makes default in complying with any of the requisitions thereof within the time specified or if the nuisance, although abated since the service of the notice, is, in the opinion of the sanitary authority, likely to recur on the same premises, the sanitary authority shall cause a complaint relating to such nuisance to be made before a justice, and such justice shall thereupon issue a summons requiring the person on whom the notice was served to appear before a court of summary jurisdiction.
112. Power of court of summary jurisdiction to make order dealing with nuisance
If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the court shall make an order on such person requiring him to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order, and to do any works necessary for that purpose; or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.
The court may by their order impose a penalty not exceeding €1,269.74 [£1,000] on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order for abatement or prohibition of the nuisance.

113. Order of prohibition in case of house unfit for human habitation

Where the nuisance proved to exist is such as to render a house or building, in the judgment of the court, unfit for human habitation, the court may prohibit the using thereof for that purpose until, in its judgment, the house or building is rendered fit for that purpose; and on the court being satisfied that it has been rendered fit for that purpose the court may determine its previous order by another, declaring the house or building habitable, and from the date thereof such house or building, may be let or inhabited.

114. Penalty for contravention of order of court

Any person not obeying an order to comply with the requisitions of the sanitary authority or otherwise to abate the nuisance, shall, if he fails to satisfy the court that he has used all due diligence to carry out such order, be liable to a penalty not exceeding €0.64 [ten shillings] per day during his default; and any person knowingly and wilfully acting contrary to an order of prohibition shall be liable to a penalty not exceeding €253.95 [£200] per day during such contrary action; moreover, the sanitary authority may enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover in a summary manner the expenses incurred by them from the person on whom the order is made.

115. Appeal against order

Where any person appeals against an order to the court of quarter sessions in manner provided by this Act, no liability to penalty shall arise, nor shall any proceedings be taken or work be done under such order, until after the determination of such appeal, unless such appeal ceases to be prosecuted.

116. In certain cases order may be addressed to sanitary authority

Whenever it appears to the satisfaction of the court of summary jurisdiction that the person by whose act or default the nuisance arises, or the owner or occupier of the premises is not known or cannot be found, then the order of the court may be addressed to and executed by the sanitary authority.

117. Power to sell manure, &c.

 

Any matter or thing removed by the sanitary authority in abating any nuisance under this Act may be sold by public auction; and the money be retained by the sanitary authority and applied in payment of the expenses incurred by them with reference to such nuisance, and the surplus (if any) shall be paid, on demand to the owner of such matter or thing.

118. Power of entry of sanitary authority

The sanitary authority, or any of their officers, shall be admitted into any premises for the purpose of examining as to the existence of any nuisance thereon, or of enforcing the provisions of any Act in force within the district requiring fireplaces and furnaces to consume their own smoke, at any time between the hours of nine in the forenoon and six in the afternoon, or in the case of a nuisance arising in respect of any business, then at any hour when such business is in progress or is usually carried on.
Where under this Act a nuisance has been ascertained to exist, or, in order of abatement or prohibition has been made, the sanitary authority, or any of their officers, shall be admitted from time to time into the premises between the hours aforesaid until the nuisance is abated, or the works ordered to be done are completed, as the case may be.
Where an order of abatement or prohibition has not been complied with, or has been infringed, the sanitary authority, or any of their officers, shall be admitted from time to time at all reasonable hours, or at all hours during which business is in progress or is usually carried on, into the premises where the nuisance exists, in order to abate the same.
If admission to premises for any of the purposes of this section is refused, any justice, on complaint thereof on oath by any officer of the sanitary authority (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises), may, by order under his hand, require the person having custody of the premises to admit the sanitary authority, or their officer, into the premises during the hours aforesaid, and if no person having custody of the premises can be found, the justice shall, on oath made before him of that fact, by order under his hand, authorise the sanitary authority, or any of their officers, to enter such premises during the hours aforesaid.
Any order made by a justice for admission of the sanitary authority, or any of their officers, on premises shall continue in force until the nuisance has been abated, or the work for which the entry was necessary has been done.

119. Penalty for disobedience of order

Any person who refuses to obey an order of a justice for admission of the sanitary authority, or any of their officers, on any premises shall be liable to a penalty not exceeding [€1,269.74 [£1,000]].

120. Costs and expenses of execution of provisions relating to nuisances

All reasonable costs and expenses incurred in making a complaint, or giving notice, or in obtaining any order of the court or any justice in relation to a nuisance under this Act, or in carrying the same into effect, shall be deemed to be money paid for the use and at the request of the person on whom the order is made; or if the order is made on the sanitary 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 the 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 mariner or in the Civil Bill Court or in any 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 a sanitary authority from an owner of premises maybe recovered 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 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 sanitary 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.

121. Power of individual to complain to justice of nuisance

Complaint may be made to a justice of the existence of a nuisance under this Act on any premises within the district of any sanitary authority by any person aggrieved thereby, or by any inhabitant of such district, or by any owner of premises within such district, and thereupon the like proceedings shall be had with the like incidents and consequences as to making of orders, penalties for disobedience of orders, appeal, and otherwise, as in the ease of a complaint relating to a nuisance made to a justice by the sanitary authority.
Provided that the court may, if it thinks fit, adjourn the bearing or further bearing 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 be were an officer of the sanitary authority authorised under the provisions of this Act relating to nuisances to enter any premises and do any act thereon.

122. Power of officer of police to proceed in certain cases against nuisances

Where it is proved to the satisfaction of the Local Government Board that a sanitary authority have made default in doing their duty in relation to nuisances under this Act, the local Government Board may authorise any officer of police or constabulary acting within the district of the defaulting authority to institute any proceeding which the defaulting authority might institute with effect to such nuisances, and such officer may recover in a summary manner or in the civil bill or any superior court, any expenses incurred by him, and not paid by the person proceeded against, from the defaulting authority:
But such officer of police or constabulary 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 into effect this enactment.

123. Sanitary authority may take proceedings in superior court for abatement of nuisances

Any sanitary authority may, if in their opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in any superior court of law or equity to enforce the abatement 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.

124. Power to proceed where cause of nuisance arises without district

Where a nuisance under this Act within the district of a sanitary authority appears to be wholly or partially caused by some act or default committed or taking place without their district, the sanitary 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.

125. Provision in case of two convictions for overcrowding

Where two convictions against the provisions of any Act relating to the overcrowding of a house have taken place in respect of the same house 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 sanitary 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.

126. Provisions as to ships

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 sanitary authority shall be subject to the jurisdiction of that authority in the same manner as if it were a house within such district; and any ship or vessel lying in any river, harbour, or other water not within the district of a sanitary authority shall be deemed to be within the district of such sanitary authority as may have been or may be prescribed by the Local Government Board, and where no sanitary authority has been prescribed, then of the sanitary 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.

127. Provisions of Act relating to nuisances not to affect other remedies

The provisions of this Act relating to nuisances shall be deemed to be in addition to and not to abridge or affect any right, remedy, or proceeding under any other provisions of this Act, or under any other Act not by this Act repealed, or at law 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.

130. Duty of urban authority to complain to justice of nuisance arising from offensive trade

Where any candle-house, melting-house, melting-place, or soap-house, or any slaughter-house, or any building or place for boiling offal or blood, or for boiling, burning or crushing bones, or any manufactory, building, or place used for any trade, business process, or manufacture causing effluvia, is certified to any urban authority by their medical officer of health, or by any two legally qualified medical practitioners, or by any ten inhabitants of the district of such urban authority, to be a nuisance or injurious to the health of any of the inhabitants of the district, such urban authority shall direct complaint to be made before a justice, who may summon the person by or on whose behalf the trade so complained of is carried on to appear before a court of summary jurisdiction.
The court shall inquire into the complaint, and if it appears to the court that the business carried on by the person complained of is a nuisance, or causes any effluvia which is a nuisance or injurious to the health of any of the inhabitants of the district, and unless it be shown that such person has used the best practicable means for abating such nuisance, or preventing or counteracting such effluvia, the person so offending (being the owner or occupier of the premises, or being a foreman or other person employed by such owner or occupier,) shall be liable to a penalty not exceeding €6.35 [five pounds] nor less than €2.54 [forty shillings], and on a second and any subsequent conviction to a penalty double the amount of the penalty imposed for the last preceding conviction, but the highest amount of such penalty shall not in any case exceed the sum of €253.95 [two hundred pounds]:
Provided that the court may suspend its final determination on condition that the person complained of undertakes to adopt, within a reasonable time, such means as the court may deem to be practicable and order to be carried into effect for abating such nuisance, or mitigating, or preventing the injurious effects of such effluvia, or if such person gives notice of appeal to the court of quarter sessions in manner provided by this Act.
Any urban authority may, if they think fit, on such certificate as is in this section mentioned, cause to be taken any proceedings in any superior court of law or equity against any person in respect of the matters alleged in such certificate.

131. Power to proceed where nuisance arises from offensive trade carried on without district

Where any house, building, manufactory, or place which is certified in pursuance of the last preceding section to be a nuisance or injurious to the health of any of the inhabitants of the district of an urban authority is situated without such district, such urban authority may take or cause to be taken any proceedings by that section authorized in respect of the matters alleged in the certificate, with the same incidents and consequences, as if the house, building, manufactory, or place were situated within such district so, however, that summary proceedings shall not in any case be bad otherwise than before a court having jurisdiction in the district where the house, building, manufactory, or place is situated.

157. Power of sanitary authority to provide mortuaries

Any sanitary authority may, and if required by the local Government Board, shall, provide and fit up a proper place or places for the reception of dead bodies before interment (in this Act called a mortuary), and may make byelaws with respect to the management and charges for use of the same; they may also provide for the decent and economical interment, at charges to be fixed by such byelaws, of any dead body which may be received into a mortuary.

159. Power of sanitary authority to provide places for post-mortem examinations

Any sanitary authority may provide and maintain a proper place (otherwise than at a workhouse or at a mortuary) for the reception of dead bodies during the time required to conduct any post-mortem examination ordered by a coroner or other constituted authority, and may make regulations with respect to the management of such place; and where any such place has been provided, a coroner or other constituted authority may order the removal of the body to and from such place for carrying out such post-mortem examination, such costs of removal to be paid in the same manner, and out of the same fund as the costs and fees for post-mortem examinations when ordered by the coroner.