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such building, and also where persons of both sexes are, or are
intended to be, employed or in attendance, with proper separate
accommodation for persons of each sex.
" (2) Where it appears to a sanitary authority that this section is
not complied with in the case of any factory, workshop, or workplace,
the sanitary authority shall, by notice served on the owner or occupier
of such factory, workshop, or workplace, require him to make the
alterations and additions necessary to secure such compliance, and
if the person served with such notice fails to comply therewith, he
shall be liable to a fine not exceeding twenty pounds, and to a fine
not exceeding forty shillings for every day after conviction during
which the non-compliance continues."
This section corresponds to the last section quoted, except that in the last
section, and also in the section quoted previously, it is made to appear to the
authority by " the report of their surveyor." In the London Act, on the other
hand, the words " where it appears to a sanitary authority" are used, the
presumption being through report or complaint of anybody, whether their own
officer, or occupier, or workperson, or an anonymous person, or even by H.M.
Inspector of Factories, since 1878, and at this time, 1891, H.M. Inspector of
Factories gave notice of cases coming under this section to sanitary authorities
in accordance with the section quoted below.
Factory and Workshop Act, 1878, Section 4.
" Where it appears to an inspector under this Act, that any act, neglect,
or default in relation to any drain, water-closet, earth-closet, privy,
ash-pit, water-supply, nuisance, or other matter in a factory or workplace,
is punishable or remedial under the law relating to public
health, but not under this Act, that inspector shall give notice in
writing of such act, neglect, or default, to the sanitary authority in
whose district the factory or workshop is situate, and it shall be the
duty of the sanitary authority to make such inquiry into the subject
of the notice, and take such action thereon, as to that authority may
seem proper for the purpose of enforcing the law.
" An inspector under this Act may, for the purpose of this section, take
with him into a factory or workshop, a medical officer of health,
inspector of nuisances, or other officer of the sanitary authority."
Where notice is given under this section the sanitary authority is required
to inform H.M. Inspector of Factories of proceedings in accordance with
section 3 of the Factory and Workshop Act, 1895, and where proceedings are
not taken by the sanitary authority within a month H.M. Inspector may take
such proceedings, under section 2, sub-section 3, of the Factory and Workshop
Act, 1891. From this it would appear that it was not contemplated that
H.M. Inspector should take action with regard to sanitary conveniences in
factories, except by complaint to the sanitary authority, and in default of the
sanitary authority proceeding. But, in 1896 a change comes over the scene.
So far as London is concerned, in my opinion through the parliamentary