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to be (1) a nuisance or (2) offensive to public decency, the Sanitary Authority of
that district, by notice in writing, may require the owner to remove such
convenience or otherwise to re-construct the same in such a manner and with
such materials as may be required to abate the nuisance and remove the offence
against public decency. Any owner who fails within a reasonable time to
comply with a notice under this Section shall be liable on summary conviction
to a fine of five pounds, and to a further fine not exceeding twenty shillings
for every day during which he makes default in complying with the requirements
of such notice after such conviction.
§ 8 REFUSE REMOVAL
Cleansing of Stable Yank.—When a stable yard is in one occupation there
is no difficulty in causing the yard to be properly cleansed and maintained,
but when there are several occupiers, and the yard is used in common, it
becomes nobody's business to cleanse and repair it. Section 120 of the Public
Health (London) Act, 1891, enables an authority to institute proceedings
against any one or more persons who have jointly or in common failed to abate
a nuisance, and they may be prohibited from any continuing default in abating
such a nuisance. The difficulty of carrying out this section is to prove who
is or are the person or persons causing the nuisances by their acts or
defaults; for instance, it is not an uncommon thing for a costermonger to get
rid of his garbage by throwing it into a stable yard, and if the occupier
opposite whose stable it is deposited neglects to remove it, and can prove that
he did not deposit it there, no conviction can be obtained. In order to enforce
the cleansing and repair of stable yards where there are several occupiers, it
requires a clause defining the liability similar to the clause in the By-laws for
Houses let in Lodgings to separate families. That where one person is entitled
to the exclusive use of a stable yard the occupier shall cause the cleansing and
repairing to be done, and when two or more occupiers are entitled to the use
in common, the landlord shall cause them to be done, the landlord being
defined as the person (whatever may be the nature or the extent of his interest
in the premises) by whom or on whose behalf the stable or stables arc let out
to the actual occupiers thereof, and who for the time being receives or is
entitled to receive the profits arising from such letting. It follows, therefore,
that there may be several landlords, and if so, a further provision must be
made that it shall be the duty of each landlord to ascertain the area and
extent of his liability, and to agree upon this with the authority and the other
landlords in order that the officers of the authority may be able to call upon
the proper person to do the necessary works, and failing to give information
upon which an agreement could be come to, he should be made liable, and to a
continuing penalty for a continuing default.
§ 9.—NUISANCES.
Urgent Dangerous Nuisances.—As to the Service of Intimations and Statutory
Notices.—If after the service of an Intimation by the Inspector for the abatement
of a nuisance the nuisance remains unabated, it was necessary to wait
often several weeks for the instruction of the Committee to serve a Statutory
Notice and to enforce abatement by the Order of the Court. This caused