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23
Legal Proceedings.
During the year, legal proceedings were taken by the Council in
145 cases, for the enforcement of various Acts, by-laws, regulations,
e tc, administered by the Health Department. A summary is set out
below, and further details will be found in the sections dealing with
the respective matters.
Public Health (London) Act, 1936 142
Food and Drugs Act, 1938 2
By-laws re fouling of footpaths by dogs 1
145
Fines totalling £15 10s. 0d. were imposed in connection with these
proceedings, and £61 8s. 0d. costs were awarded to the Council.
Public Health (London) Act, 1936.
The provisions of this Act in regard to Nuisances continued to
afford the main means whereby the remedy of insanitary conditions
found in dwelling houses could be secured.
During the year, 2,357 Intimation, and 1,233 Statutory (Nuisance)
Notices were served. The high proportion of Statutory to Intimation
Notices shows the continuing difficulty, referred to in previous reports,
of securing the remedy of these conditions. Furthermore, legal proceedings
to enforce compliance with Statutory Notices had to be taken
in no less than 137 cases. Of these, 41 resulted in Nuisance Orders
being made by the Court. One of these Orders was a Closing Order
in respect of a tenement house deficient in water supply. Further details
of this case are given under the heading of " Water Supply," on page 26.
The remaining 96 summonses were either adjourned or withdrawn, as
the work required to comply with the Notices was either in hand, or
had been completed, before the hearing.
In 23 cases action to enforce compliance with Nuisance Orders had
to be taken, and the Council carried out the work in default of the
Persons on whom the Orders were made. In those cases, the Council
were entitled to recover the cost of the works from those persons, and
Recounts were accordingly rendered to them. In 3 instances proceedings
for the recovery of the cost had to be taken. Judgments for the
a mounts claimed were obtained in each case.
Dustbins.
Under Section 105 of the Public Health (London) Act, 1936, if
a ny house is found to be without a proper dustbin, the Council may
serve notice on the owner or occupier requiring provisions to be made,
The same Section, as amended by the London County Council (General
Powers) Act, 1951, provides that any person aggrieved may appeal
to a court of summary jurisdiction.
Similar provisions are contained in the Public Health Act, 1936,
which applies to England and Wales outside the administrative County
of London.