View report page

164
Legal Proceedings.
Power of Entry—Obstruction.
Public Hetlth Act, 1875. Section 41 and 306.
Public Health Acts, Amindment Act, 1907. Section 34.
*
Legal proceeding; were taken in one instance with,
respect to the owner and occupier of certain premises having
refused to allow me to enter the said premises in order to
examine a drain.
As thi9 case is of unusual interest, it is, perhaps, desirable
to briefly set out the facts in this report.
On my report in writing the Council had resolved that
they had reason to suspect; that a drain at a certain house in
the district, of which the defendant was owner and occupier,
was a nuisanoe and injurious to health, and, in accordance
with the provisions of Section 41 of the Public Health Act,
1875, I was empowered by them to enter the said premises
and cause the ground to be opened and examine the said
drain.
Upon my attending at the premises to carry out my instructions
the defendant refused to admit me, and proceedings
for obstruction were then commenced against him under
Section 306 of the Public Health Act, 1875.
In the course of the hearing it was contended on behalf
of the Council that Section 102 of the Public Health Act,
1875, which provide® for the obtaining of Justices' orders for
admission under certain circumstances, was not applicable;
that when Section 41 was brought into operation sufficient
power of entry was contained therein, and that it was not
necessary to obtain a Justice's Order in this case before
proceedings for obstruction oould be instituted.
The Justice's decision was in favour of the defendant.