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of the principal nuisance, viz., disturbance of the matter
in transfer from the receptacle to the vehicle, would be
avoided; I, therefore, advised that the several persons in
occupation of premises in respect of which complaint had been
made, or where complaint was likely to arise, should be served
with a prohibition notice, to be followed, in case of disobedience,
by proceedings in the petty sessional court, under section 4 of
the Public Health (London) Act, 1891, so as to obtain a
"nuisance order," which should be both an "abatement order"
and "prohibition order." In this connection it may be well to
cite sub-section (9) of section 5, which enacts that—
"If a person fails to comply with the provisions of a nuisance order
with respect to the abatement of a nuisance, be shall, unless he
satisfies the court that he has used due diligence to carry out such
order, be liable to a fine not exceeding twenty shillings a day
during his default; and if a person knowingly and wilfully acts
contrary to a prohibition order he shall be liable
to a fine not exceeding forty shillings a day during such contrary
action; moreover, the Sanitary Authority may enter the premises
to which a nuisance order relates, and abate or remove the nuisanee
and do whatever may be necessary in execution of such order."
Apart from the power conferred on the court by the above
cited section, the court have further powers under section 4
which enacts, in sub-section (4), that—
"When a notice has been served on a person under this section, and
either—
(а) The nuisance arose from the wilful act or default of the
said person ; or
(b) Such person makes default in complying with any of the
requisitions of the notice within the time specified, he
shall be liable to a fine not exceeding ten pounds for each
offence, whether any such nuisance order, as in this Act
mentioned, is or is not made upon him."
The powers of your Vestry, and of the petty sessional
court, are ample to secure the abatement and prevent the
recurrence of the nuisance; and as the nuisance is a serious
one, causing great offence to many parishioners, I was of opinion