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124
that he would receive notice when the work was ready for inspection,
but in spite of that he went to the premises on the day in
question.'—Mr. Hopkins then dismissed the summons, but without
costs."
The Magistrate was clearly right in his decision that the Sanitary
Inspector in this case, where permission to visit was refused, had no
right of entry to the premises, and was not duly employed in the
execution of the Act. The power of entry was made clear in the case of
the St. Pancras Vestry (Vines) v. The North London Collegiate School,
when the Judge ruled that where the entry to premises was refused,
power could only be obtained under Section 115 by a warrant after the
Magistrate was satisfied on oath that there was reasonable ground for
such entry. In the Wimbledon case it was decided that the question of
the right of entry may arise at any time even if the officer had previously
gained admission. Mr. Hopkins, the Magistrate in our case, mixed up
the "right of entry" under Section 10 with the "reasonable ground"
under Section 115, only the former being applicable to the case.
It will be necessary in future, where there is refusal to admit the
officer to the premises, that the reasonable ground should be sufficiently
substantial to merit a warrant being issued by the Magistiate.