London's Pulse: Medical Officer of Health reports 1848-1972
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Hints from the Health Department. Leaflet from the archive of the Society of Medical Officers of Health. Credit: Wellcome Collection, London
Kensington 1896
Report on the health, sanitary condition, &c. of Kensington for the four weeks, May 17th to June 13th, being the 21st, 22nd, 23rd, and 24th weeks of the registration year, 1896
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advise that the several persons in occupation of premises in respect
of which complaint has been made, or where complaint is likely to
arise, be sarved with a prohibition notice, and, in case of disobedience,
that proceedings be taken in the petty sessional court, under
section 4 of the Public Health (London) Act, 1891, to obtain a
" nuisance order," which should be both an " abatement order'' and
a " prohibition order." In this connection it may be well to cite
sub-section (9) of section 5, which enacts that—
"If a person fails to comply with the provisions of a
nuisance order with respect to the abatement of a
nuisauce, he shall, unless he satisfies the court that he
has used due diligence to carry out such order, be liable
to a fine not exceeding twenty shillings a day during his
default; and if a person knowingly and wilfully acts
contrary to a prohibition .... order he shall be
liable to a tine not exceeding forty shillings a day during
such contrary action; moreover, the Sanitary Authority
may enter the premises to which a nuisance order
relates, and abate or remove the nuisance and do whatever
may be necessary in execution of such order."
Apart from the power conferred on the court by the above
cited section, the court have further powers under section 4 which
enacts, in sub-section (4), that—
" When a notice has been served on a person under this
section, and either—
(a) The nuisance arose from the wilful act or default of
the said person; or
(b) Such person makes default in complying with any
of the requisitions of the notice within the time
specified, he shall be liable to a fine not exceeding
ten pounds for each offence, whether any such
nuisance order, as in this Act mentioned, is or is
not made upon him."
The powers of your Vestry, therefore, if duly supported by the
decisions of the petty sessional court, are ample to secure the
abatement and prevent the recurrence of the nuisance; and as the
nuisance is a serious one, causing great offence to many parishioners,
I am of opinion and I recommend that the necessary steps be taken
to enforce the provisions of the law as above set out I will only