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194
What is the course of procedure in such a case? Notice of the
nuisance must be given by a duly-appointed officer to the constituted
authority, whenever it may happen to meet, and such notice as it
may direct is then served upon the person by whose act or default
the nuisance is caused. Time has, of course, to be allowed for the
abatement of the nuisance. If the terms of the notice are not
complied with, a summons may be taken out. This is rarely
made returnable in less than a week. The hearing, moreover,
may be postponed, owing to press of other business, or it may be
adjourned. But should the case be clear, and get decided without
delay, the Justices can only make an "Order" for such work to
be done as they may consider necessary for the abatement of the
nuisance: their power, however, is very considerable in this
respect. Usually, of course, the "Order" runs on all fours with the
previous "notice." After the Order has been prepared and signed by
one of the Justices, it must be served. Ample time is allowed, too
much time often, for carrying out the terms of the Order, and it
is only after the lapse of the time limited by the Order that, in
ease of disobedience, penalties begin to accrue at the rate of not
more than ten shillings per diem from the date of service of the
Order. The issue of a summons for penalties probably rouses
the defendant to the necessity of action, and generally before
the hearing (that is, within seven days) the Order will have been
obeyed, and the nuisance abated. The Judicial Authority is thus
propitiated—supposing the Nuisance Authority thinks it worth
while to go into court to press for penalties; and either the
offender is let off entirely, or, as often happens, the diurnal
penalty inflicted is nominal. The proceedings by this time will
have lasted for weeks—often for many weeks—and meanwhile
the wretched inmates of the house may have been suffering in
health and comfort without remedy. Nay, more, they will think
themselves fortunate if they are not made to pay an increased
rent to compensate their landlord for the trouble and expense to
which he has been put! All this is bad enough, but in an extreme
case the Fabian tactics are not yet exhausted. Notice of appeal
to Quarter Sessions, against the Order of the Justices, may be