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(5) It shall be the duty of every sanitary authority to enforce the
provisions of this section, and an information shall not be laid
for the recovery of any fine under this section except under the
direction of a sanitary authority.
(6) The provisions of this Act with respect to the admission of the
sanitary authority into any premises for any purposes in relation
to nuisances, and with respect to the giving of information of a
nuisance, shall apply in like manner as if they were herein reenacted,
and in terms made applicable to this section.
(7) This section shall extend to the port of London, and as respects
the port shall be enforced by the port sanitary authority.
(8) Nothing in this section shall alter or repeal any of the provisions
of the City of London Sewers Act, 1851, or of the Whitechapel
Improvement Act, 1853.
Smoke—Railway Locomotives.
The Railway Clauses Consolidation Act, 1845 (8 Vic. Ch. 20.)
Section CXIV.
Every locomotive Steam Engine to be used on the Railway shall, if it use
Coal or other similar Fuel emitting Smoke, be constructed on the principle of
consuming, and so as to consume its own Smoke; and if any Engine be not so
constructed, the Company or Party using such Engine, shall forfeit Five
Pounds for every Day during which such Engine shall be used on the
Railway.
Section CXLV.
Every Penalty or Forfeiture imposed by this or the Special Act, or by any
By-law made in pursuance thereof, the Recovery which is not otherwise provided
for, may be recovered by summary proceeding before Two Justices,
and on complaint being made to any Justice he shall issue a Summons
requiring the party complained against to appear before Two Justices at a
Time and Place to be named in such Summons, and every such Summons shall
be served on the Party offending, either in Person or by leaving the same with
some Inmate at his usual Place of Abode ; and upon the Appearance of the Party
complained against, or in his Absence, after Proof of the due Service of such
Summons, it shall be lawful for any Two Justices to proceed to the hearing of
the Complaint, and that although no Information in "Writing or in Print shall
have been exhibited before them; and upon Proof of the Offence, either by
the Confession of the Party complained against, or upon the Oath of One
credible Witness, or more, it shall be lawful for such Justices to convict the
Offender, and upon such Conviction to adjudge the Offender to pay the Penalty
or Forfeiture incurred, as well as such Costs attending the Conviction as such
Justices shall think fit.
Section CL.
The Justices by whom any such Penalty or Forfeiture shall be imposed may,
where the Application thereof is not otherwise provided for, award not more
than One Half thereof to the Informer, and shall award the Remainder to the