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district are in such a filthy, dangerous or unwholesome condition
that health is affected or endangered thereby or that the cleansing
or purifying or destroying of any such articles is requisite to prevent
risk of or to check infectious disease, the Sanitary Authority
may cause any such articles to be at their own expense cleansed
or purified, or they may destroy the same.
(2) If any owner suffer any unnecessary damage, the Sanitary
Authority shall compensate him for the same and the Sanitary
Authority shall also reasonably compensate the owner for any
articles destroyed.
Power of entry for this purpose is given by Section 24 of the same
Act.
The City Council expressed the opinion that in addition to extending
the law so as to prohibit the sale of articles of clothing at rag-shops
or marine stores, it should also be extended to enable the Sanitary
Authority to deal effectively with filthy second-hand wearing apparel
exposed or deposited for sale at other premises. The officers of the
Sanitary Authority should be empowered to enter such premises and to
inspect and examine such wearing apparel, and if they find it to be
filthy, dangerous, or unwholesome, but reasonably capable of being
cleansed, or disinfected, to cause it to be cleansed or purified, and, if it
is not reasonably capable of being so cleansed or purified, to seize it,
convey it to a magistrate to be condemned, and an order made for its
destruction.
It will be observed, however, that Section 19 of the London County
Council (General Powers) Act, 1904, provides for the work of cleansing
or purifying to be done at the cost of the Sanitary Authority, and for
compensation being paid by the Sanitary Authority, to the owner of
any article unnecessarily damaged or which has been destroyed, under
the provisions of that Section.
In the case of filthy wearing apparel, &c., exposed or deposited for
sale, the Sanitary Authority should not be required to do the work of
cleansing, &c., at their own cost, nor should the owner of such apparel
be entitled to recover compensation from the Sanitary Authority for
articles damaged or destroyed.
A communication on the above lines was addressed to the Local
Government Board, and to the London County Council.
Bag Flock.—Mr. Justice Phillimore decided in a case that the Bag
Flock Act, 1911, did not prohibit the re-making of bedding containing
filthy rag flock without such flock being efficiently cleansed and purified.
The City Council is of opinion that an amendment of the Act should
be obtained to get over this difficulty.