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191
The Nuisances Removal Acts, and
The Sanitary Act, 1866, sec. 35, already alluded to.
The Commissioners themselves, however, explain the causes
of the failure of the several Acts, so far as, in the past, they have
been inoperative, and their explanations amount to a practical
exoneration of the Sanitary Authorities from blame in the
matter.
As regards Lord Shaftesbury's Act, which has been "an
absolute dead letter" for 34 years, the Act is shown to be, in its
present form, unworkable, and the Commissioners have made
recommendations with the view of enabling it to be put into
operation.
As regards Torrens's Acts, the process for putting the provisions
of them into force, always a tedious one, and affording
many opportunities for obstruction, has been complicated to the
extent of making them unworkable, by the section, in an amending
Act, which enables the owner of the unhealthy premises to call
upon the Local Authority (the Vestry) to purchase the property.
Let it be supposed that the Local Authority has decided to put the
Acts into operation in a given case, then all the steps so clearly
set out in the Report (page 5) must be taken in their due order.
The owner, meanwhile, need do nothing, for, at any time within
three months from the date of the service of the "order" of the
Local Authority, for structural works of repair or for demolition,
he may "require the Local Authority to purchase the premises,
the price being determined, in case of dispute, by arbitration." In
practice, this requirement of the owner would usually be found to
bar all further proceedings. If, however, the owner neither does
the work ordered, nor requires the Local Authority to purchase,
the Local Authority may enter and "do what is necessary,''
subject to the owner's right to appeal against the order. If the
order is for demolition it may be difficult to prove that the house
cannot be repaired and made habitable. If, however, the order is
confirmed on appeal, a process in which much time and money
will have been expended, it is still open to the owner to require
the Local Authority to purchase. And if the property should thus,