Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38.

  • Great Britain.
Date:
1897]
Catalogue details

Licence: Public Domain Mark

Credit: Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38. Source: Wellcome Collection.

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    A..D. 1897. sheriff think proper, be allowed to be heard and to object to such — application in the same manner as if he or they were the author of the alleged nuisance within the meaning of this Act. Form of 23. It shall not be necessary to restrict such decree to any interlocutor. 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 may 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, he may prohibit such habitation or use until in his judgment it is rendered fit therefor, and on the sheriff, magistrate, or justice being satisfied that it has been rendered fit for that purpose he may declare the house or building habitable, and from the date thereof such house or building may be let or occupied, or the sheriff, magistrate, or justice may do otherwise as the case may in his j udgment require. 24. If the said decree be not complied with in good and sufficient manner, and within the time appointed, the author of the nuisance, or the owner or occupier, as the case may be, shall be liable, in the case of nuisances under sub-sections (1), (2), (3), (4), (5), (7), (10), and (11) in section sixteen of this Act, to a penalty of not more than ten shillings per day during his failure so to comply; and if the said interdict be knowingly infringed by the act or authority of the owner or occupier, such owner or occupier shall be liable for every such offence to a penalty not exceeding twenty shillings per day during such infringement; and in the case of nuisances under sub-sections (6), (8), and (9) in the said section, the party not complying with or infringing such decree shall be liable to a penalty not exceeding five pounds for the first offence, and not exceeding ten pounds for the second, and for each subsequent conviction a sum not exceeding double the amount of the penalty in the last preceding conviction, but no penalty shall exceed two hundred pounds: Provided always, in the case of a nuisance under the said sub-section (9), that if it appears to the sheriflT that the best means then known to be available for mitigating the nuisance, or the injurious efiects thereof, have not been adopted, he may suspend his final determination upon condition that the author of the nuisance shall undertake to adopt within a definite time such means as he shall judge to be practicable, and order to be carried into eflfect, for mitigating or preventing such injurious effects. 25. When it shall appear to the sherifi*, magistrate, or justice that the execution of structural works is required for the removal or remedy of a nuisance, he may appoint such works to be carried out under the direction and subject to the approval of any person he may appoint; and he may, before making his order, require the 20 Penalty for contravention of decree and of iuterdiqt. Order when structural works are required.