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penalty is for (contempt of court by) disobedience of the Justices
Order after summons ; this, moreover, being rarely inflicted to an
adequate extent. Hence the need for the Vestry's interference, as
recommended by the Committee, in sections 5 and 6, under the
Nuisances Removal and the Metropolis Management Acts.]
The Committee are of opinion that all proper cases involving infringement
of the law should be brought before the Justices, who
will no doubt exercise their judgment in each case ; especially if
the importance of assisting the Vestry in efforts to improve the
health of the Parish be brought prominently to their attention.
18. Amendment of the Law.—Summary Powers Needed.
— [The Medical Officer of Health had reported upon the need for
additional powers, "imposing on the Nuisance Authority a
Statutory Duty to proceed in a summary manner to abate nuisances
and to carry out works of sanitary construction .... as
well as power to the Justices to inflict a penalty for the offence of
causing a nuisance." He urged the duty of putting existing laws
into force " firmly and upon principle " in every suitable case, on
the ground that there would be no temptation to disregard the
Vestry's Notices when it became known that nuisances would be
abated, and sanitary works executed, at the cost of negligent or
defaulting owners or occupiers. He also referred to the need of
amendment of the law in regard to water supply; and to the propriety
of constituting the Sanitary Authority as " Local
Authority" for all purposes save making of bye-laws, under the
Dairies, Cowsheds, and Milkshops Order of 1885, and under
the Slaughter Houses (Metropolis) Act, 1874.] The Committee
note that by section 7 of the Public Health (Metropolis) Bill,.
1885, it was proposed to empower the Justices to inflict a
penalty, on the person liable, for the offence of causing a nuisance,
as recommended in the report of the Medical Officer, and that
the Medical Officer's view that "a statutory duty" should be
imposed on Sanitary Authorities, requiring them to execute 1 the
powers entrusted to them, has been imposed by section 17 of
the Housing of the Working Classes (England) Act, 1885.