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it therefore up to the present stands as an unchallenged statement
of the law in regard to the application of the Section. Its
importance to local authorities is considerable, as the doubt as
to the recovery of costs incurred in enforcing their powers under
Section 28 notices in default of compliance by the owner has,
no doubt, tended to prevent authorities from taking action under
this useful Section. The effect of the judgment on owners,
especially freeholders or superior leaseholders who neglect their
property and fail to avail themselves of the powers afforded
them under Section 30 of the 1919 Act, will be to warn them of
their duty and of the risk they run in failing to look after their
property.
Another important legal decision in connection with proceedings
under Section 28 was that of Bermondsey Borough
Council v. Cubitt Heath and Sneath, decided by the Divisional
Court (Justices Darling, Sankey and Branson) in November,
1921. The action was an appeal against the decision of the
Police Court Magistrate, who had dismissed 23 summonses by
the Borough Council against the respondents. These summonses
had been issued to recover expenses incurred by the Council in
carrying out the requirements of the 23 notices under Section 28,
with which the owners had failed to comply. The Magistrate
held that the time allowed in the notices—namely 21 days—
for the completion of the work was not a reasonable time, and
that the notices were consequently invalid, and he accordingly
dismissed the 23 summonses.
The Divisional Court upheld the decision of the
Magistrate, and dismissed the appeal.
In January, 1922, another very important case bearing
upon Section 28 of the Act was that of Rex v. Minister of
Health (ex parte Rush), in which it was held by the Divisional
Court (the Lord Chief Justice presiding) that in the service
of notices under this section notice of the right of appeal
should be given.
Unhealthy Areas.
No additional unhealthy areas were represented during
1921.
The list of insanitary areas already surveyed and represented
in 1920, for which schemes had been prepared on
the direction of the Council, was not proceeded with in any
single instance in 1921, although, after protracted negotiations
with the Ministry of Health, it was ultimately suggested by the
Ministry that the Council should begin with one of them—viz.,
the Plough Road area. It was therefore hoped that a start
would have been made with this area during the year, but
unfortunately the hope was not realised.