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52
Sec. 3 provides that information of a nuisance may be made
to the Sanitary Authority, who shall serve intimation to parties
responsible.
Sec. 4.—The most essential difference between the procedure
under the Public Health (London) Act, 1891, and the various
other preceding Acts, is that formerly if a notice to abate a
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 section 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.
Sees. 5, 6 and 7 contain provisions fey 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.