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Sanitary Authority to make bye-laws on various matters affecting, inter alia
the drainage, water supply, and paving of yards and open spaces in connection
with dwelling-houses, and imposes on the Sanitary Authority the duty of
seeing that such Bye-laws are enforced. It would be impossible to enforce
these Bye-laws without such a house-to-house inspection, made from time to
time, and as entry upon premises is authorised for various purposes mentioned
in section 40, and a penalty is imposed for resisting such entry, the Committee
are confirmed in the opinion that the first section of the Act not only
authorises but requires such inspection.''
This report was received and adopted by your Vestry, and
the views expressed by the Committee have ever since been
carried out by the Sanitary Inspectors.
POWER OF ENTRY.
From time to time the question is raised as to the power
of the Sanitary Authority, by their officers, to enter upon
premises for the purpose of ascertaining the existence of a nuisance
; or, generally, in giving effect to the requirement of the
first section of the Public Health (London) Act, 1891, which
enjoins the Sanitary Authority to cause inspection to be made,
in order to put in force the powers vested in them, relating to
public health and local government, "so as to secure the proper
sanitary condition of all premises within their district." In the 4
course of the year, the right of entry claimed by the Sanitary
Authority was disputed by a householder (not in this parish),
who refused to admit a Sanitary Inspector who had been deputed
to make a house-to-house inspection of a particular street.
The defendant, who was summoned in the North-London Police
Court for the offence, admitted the refusal to let the officer in, but
contended that the Vestry could not send an officer to demand
admission to his house unless he had a warrant from a magistrate, or a complaint as to the existence of a nuisance, or knowledge
that a case of infectious disease had existed there. The
magistrate explained that the warrant for entry is only when
forcible entry is required, and pointed out that the Sanitary
Authority could enter, not as defendant supposed, "in the event