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251
the premises having been made so fit being of course on the
owner.
The Court has also the power, in making a closing order,
of inflicting a fine not exceeding £20, and both this fine and the
daily fine of 40s. go to the Council towards their expenses of
executing the Act.
Instead of going under the Public Health Act, the Council
could, if they choose, take proceedings for a closing order under
the Housing of the Working Classes Acts.
With certain exceptions to be mentioned, the procedure is
similar to that under the Public Health Act. These exceptions
concern special circumstances which do not appear to apply to
the present case. If, for instance, the Council are of opinion
that the premises are not reasonably capable of being made fit
for human habitation, or are in such a state that the occupation
of them should be immediately discontinued, it is not necessary
if proceeding under these Acts for a closing order, to first serve
a notice on the owner to abate the nuisance, but the Council may
at once issue a summons for an order. These Acts also make
special provisions for the ejection of occupying tenants where
an order has been made.
With regard to these exceptions, as I have before stated,
it does not appear in this case that the premises are not reasonably
capable of being made fit for human habitation, nor does
there seem to be any urgent reason why the statutory notice
should not precede the summons, because such notice can
specify the time in which the premises are to be put in order,
and such time can be made as short as the Council deem
requisite to meet the case, and as to getting rid of any tenant,
it has never been found in practice that there is any difficulty
about this, and if the premises are so bad as to be unfit for
human habitation, the tenants, as a rule, are easily persuaded
to vacate them.
What has been stated above affects the procedure down to
the making and enforcing of the closing order. I should add