§ Debate on Amendment moved after Third Reading resumed (according to Order).
proposed the Amendment which he moved a few days ago. It was suggested by Lord Watson in reference to Scotland, and the noble and learned Lord on the Woolsack considered that what applied to Scotland should be applied to the rest of the United Kingdom in this matter. He had settled the wording of the clause with the Scotch Office.
In Clause 3, line 11, after (-'abate such nuisance") to add (" and on his failure to comply with such order within a reasonable time the Local Authority may do whatever may be necessary in execution of the order, and recover in a summary manner the expenses incurred in connection therewith.")—(The Lord Monks-well.)
§ Amendment agreed to.
moved a further sub-section to Clause 3, in reference to Ireland. He had been at some pains to draft it with the Irish Office, and this was thought the best way out of the difficulty in view of the Irish Acts in reference to summary jurisdiction.
Moved to add to Clause 3 the further Sub-section—
("(3) In Ireland Sections one hundred and twelve, one hundred and fourteen, one hundred and fifteen, and two hundred and sixty-nine of the Public Health (Ireland) Act, 1878, shall apply, with the necessary modifications, where an order is made by a Court of Summary Jurisdiction under this section, in like manner as if that order were made an order under the said Section one hundred and twelve.")
§ Amendment agreed to.
moved a new clause, which he could not say he thought very necessary; but, as the point had been raised by Lord Stanley of Alderley, the Amendment would do away with the objection he entertained to the measure. It had been carefully drafted, and was a 1443 provision for cases where a County Council itself was the Local Authority in default, if they had put up barbed wire fences in improper situations, and were not doing their duty.
Moved to insert the following New Clause to Clause 3:—
("Where the Local Authority are the occupiers of the land, proceedings under this Act may be taken by any ratepayer within the district of the Local Authority, and a notice to the Local Authority to abate the nuisance shall be deemed to be properly served if it is served upon the Clerk of the Local Authority, and any ratepayer taking proceedings may do all acts and things which a Local Authority is empowered to do.")—(The Lord Monkswell.)
§ New Clause agreed to.
§ Bill passed, and returned to the Commons, and to be printed as amended. (No. 198.)