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LEGAL PROCEEDINGS
Public Health (London) Act. 1936
Nuisances
During the year one hundred and fifty-five summonses were
issued for various nuisances under the Public Health (London)
Act, 1936. In forty-one cases abatement orders were secured;
fines amounting to £2. 2s. 0d. were imposed and £57.15s. 0d.
costs were awarded to the Council. In forty cases the
summonses were withdrawn, the nuisances having been abated
by the owners prior to the Court hearings. In seventy-four
cases the summonses were adjourned as the necessary works
were in progress of being carried out by the owners.
Twenty-nine prosecutions were undertaken for failure to
comply with Justices' Orders to abate statutory nuisances. In
ten cases fines amounting to £63.17s. 6d. were imposed and
costs amounting to £19.19s. 0d. were awarded to the Council.
The remaining nineteen cases were withdrawn or adjourned as the
necessary works had been, or were being, carried out.
One defendant appealed against a conviction for failing
to comply with a Justices' Order,, The appeal was heard at
the County of London Sessions and was dismissed, the Council
being awarded £10.10s. 0d. costs. Later this defendant was
fined a further £2. 2s. 0d. for failing to pay the Council's
costs and was ordered to pay within seven days.
Drainage Byelawa
Six summonses were issued in respect of offences under
these Byelaws. Convictions were obtained in all cases and
fines amounting to £64. were imposed and costs of £5. 5s. 0d.
were awarded to the Council,,
Council's Byelaws
Dog Nuisances
Five summonses were issued under this Byelaw. In all
cases convictions were obtained and fines totalling £2. 5s. 0d.
were imposed,,
Housing Act, 1936
A writ was served on the Town Clerk by the owner of seven
premises in respect of which the Council had carried out work
in default under Section 9 of the Housing Act, 1936, and had
claimed reimbursement of their expenses. The writ issued by the
owner claimed a declaration in the High Court that the Council's
charge was irregular and unlawful. The works in question had
been carried out in 1948. The basis of the claim appeared to be
that certain works costing between £250 and £300 were either not
carried out or were negligently carried out by the Council's
contractors. After certain legal negotiations, the owner
compromised and agreed to pay the outstanding expenses over a
period of ten years, subject to each party paying their own
legal costs. The Council agreed to accept this offer and the
application to the High Court was withdrawn.
Contravention of Closing Orders
Three summonses were issued in respect of illegal
occupation of closed underground rooms. Conviction was obtained