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nuisance from the Sanitary Authority was not complied with,
proceedings had to be commenced before a justice and evidence
produced to satisfy him that a nuisance injurious to health
existed, when, if satisfied that such nuisance existed and was
injurious to health an order would be made for the abatement of
the same. If this order was disregarded and the necessary
works not executed it was necessary to commence fresh proceedings
to recover penalties. The Sanitary Authority under
this section itself considers the matter and makes orders, if
necessary suing for penalties for non-compliance therewith.
Absence of proper water-fittings is constituted a nuisance
under section 4, and by Sec. 5 a house may be closed for this
reason. The Authority can specify works and insist upon the
carrying out of the same under the latter section and now does
so in a large proportion of cases.
Secs. 5, 6 and 7 contain provisions for orders, penalties and
appeals, and enables the Sanitary Authority itself to carry out
necessary works in default of responsible owner, &c. Sec.
11 provides for recovery of expenses and costs consequent
thereon, and Sec. 13 enables the Authority to take action in the
first instance in the higher Courts should it think fit.
Under Sec. 14 an important proviso is introduced as a
Sanitary Authority has power to take proceedings for the abatement
of nuisances arising in the district of another authority
should the nuisance injuriously affect the inhabitants of their
own district.
Sec. 15 renders liable to a penalty of £5 any person wilfully
injuring or destroying any closet or sanitary apparatus, and will
probably be useful in restraining persons from wantonly
damaging fittings.
Bye-laws are to be made by the Authority for the prevention
of nuisances or keeping of animals so as to be a nuisance or
injurious to health, and as to paving yards.