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139
for offences under the Nuisances Removal Acts, against 80, 99
and 51 in the three preceding years. This number is irrespective
of 29 summonses under the Sale of Food and Drugs Act, and 12
in cases of obstruction. Orders were made by the Justices in
every instance, for giving effect to Notices previously served on
the defendant persons; upon whom, as the law at present stands,
no penalty can be inflicted, however serious or long-continued
the nuisances for which they are responsible. Under the provisions
of Section 96 of the Public Health Act, 1875, which
does not apply to the Metropolis, the Justices have power by
their Order to inflict a penalty, not exceeding five pounds, on
the person upon whom the Order is made, together with all
costs. The same power should be conferred upon Courts of
Summary Jurisdiction in London* At present the Justices
can punish for contempt of Court only, viz., by a penalty not
exceeding ten shillings per diem, during continuance of disobedience
to their Order. If the Justices had power to inflict
a penalty for offences under the Nuisances Removal Acts,
disregard of the Local Authority's Notice, which implies
continuance of nuisance, with consequent injury to health, to say
nothing of the trouble and loss of time to public officers,
would be infrequent—always supposing the power were exercised
That our cases are proper to be brought before the Justices is
obvious from the fact that dismissal of a summons is a rare
occurrence. Proceedings were taken in twelve cases for disobedience
of the Justices' Orders and penalties were inflicted,
in five cases, to the aggregate amount of six guineas : one
shilling per day in four cases, and two shillings per day in one
case. Proceedings were taken in one case for breach of the
Slaughter-House Regulations, a penalty of ten shillings being
imposed; the proper amount of the penalty being sixty
shillings.
* Provision was made for enabling the Justices to inflict a penalty in the
Public Health (Metropolis) Bill, 1885, but there was not time to pass the
measure, which hitherto has not been re-introduced, but may be during the
current Session (vide p. 129).