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add that the consideration shown to the recipients of notices is
but too frequently abused ; 110 action being taken on the Committee's
notice, on the .assumption that legal proceedings, by
summons, will not be taken till after the sending of the "final"
notice, for which there is no warrant in law, although the
person liable to abate the nuisance had already become liable to
severe penalties for not complying with the requirements of the
statutory notice. This being so, I feel that the final notice
should be served less frequently than heretofore, and that effect
should be given to your Vestry's direction to the Sanitary
Inspector, viz., that " when the requirements of the notice for
the abatement of a nuisance, or for the execution of works, &c.,
are not complied with within the time limited therein," the
Inspector is to report the fact " with a view to a summons being
taken out, so that each case may be followed up to its
legitimate conclusion without loss of time." I am further of
opinion that in cases of default, unless good cause for delay in
carrying out necessary works be shown, the justices should be
asked to enforce the penalty prescribed by section 4 (4) for
disobedience.*
Reconstruction and Trapping of House Drains.—
The work of sanitation was hindered throughout the year
owing to differences of opinion which arose in the Sanitary
Committee as to your Vestry's power to require the reconstruction
of defective drains, and the trapping of old drains
not intercepted from the sewer. In the case of defective
drains it had been the practice of the Committee, during many
years, to issue notices requiring such drains to be reconstructed,
the work of reconstruction being carried out under
the supervision of the Surveyor. As a rule, no difficulty was
experienced in giving effect to the notices; for with rare
* The sub-section reads as follows :—" Where a notice has been served
on a person and either (a) the nuisance arose from the wilful act or
default of the said person ; or (6) such person makes default in complying
with any of the requisitions of the notice within the time specified, he shall
be liable to a tine not exceeding ten pounds for each offence."
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