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LEGAL PROCEEDINGS
Public Health (London) Act, 1936
Nuisances. During the year 240 summonses were issued for various
nuisances under the Public Health (London) Act, 1936. In 57 cases
abatement or prohibition orders were secured; fines amounting to £14.
were imposed and £3. 5s. 0d. costs were awarded to the Council,,
In 154 cases the summonses were withdrawn, the nuisances having been
abated by the owners prior to the Court hearings. In the remaining
29 cases the summonses were adjourned as the work required was in
progress when the cases came forward for hearing.
Nine prosecutions were undertaken for failure to comply with
Justices Orders to abate statutory nuisances. In 6 cases further
penalties amounting to £35. were imposed; in one case a daily
penalty of 5/- was imposed for 71 days; in another case a daily
penalty of 3/- was imposed for 110 days; and in another a daily
penalty of 1/- was imposed for 126 days; In addition costs amounting
to £3. 12s. 6d. were granted to the.Council.
Food and Drugs Act, 1938
Seven prosecutions under this Act were instituted during the
year and convictions were obtained as follows:-
(a) Sale of adulterated rum: fined £2, plus £2, 2s, costs;
(b) Sale of adulterated vinegars fined £1. plus £2. costs;
(c) Exposure of unsound food for sale: fined £10. plus
£1. Is. costs;
(d) Use of unregistered premises for the storage of ice
cream (three summonses); total fines of £6. plus
£1. ls. costs;
(e) Illegal sale of horseflesh; fined £5.
A further prosecution was undertaken in 1948 in respect of a
sample of non-brewed vinegar certified to be 19% deficient in
acetic acid. This case was heard at the Petty Sessional Court,
and the summons was dismissed, costs of £2. 2s„ being granted to
each of three defendants. The magistrates were invited "to state
a case" and the Council appealed to the Divisional Court against
their decision. The Appeal was heard in the King's Bench
Division on 24th November, 1948, when the Court decided to allow
the Appeal and referred the case back to the Kensington magistrates
with an intimation that the offence had been proved. The Council's
costs were allowed. The second hearing took place in 1949, when
the Kensington magistrates fined the defendants £10. and ordered
them to pay £10. 10s. costs. This case is of particular interest
because it sets a standard of not less than 4% acetic acid for
non-brewed vinegar.
Milk and Dairies Order
Two prosecutions under this Order were instituted in respect
of the dirty condition of milk bottles and fines amounting to £55.
plus £9. 4s, Od. costs were imposed.
Council's By-laws
Dog Nuisances. Seven cases were successfully prosecuted and
fines amounting to £5. 0s. 6d. were imposed.
Housing Act. 1936
Overcrowding. In 7 cases summonses were issued in respect of
overcrowding offences. In 2 cases convictions were obtained and
fines amounting to £4. were imposed. In 3 cases the summonses
were adjourned sine die and in the remaining 2 cases the summonses
were withdrawn as the overcrowding had been abated.
Contravention of Closing Orders. Pour summonses were issued in
respect of the illegal occupation of underground rooms. Convictions
were obtained in all cases and fines amounting to £14. plus
£2. costs were imposed.