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laws relating to public health and local government, to put in force from time to
time, as occasion may arise, the powers with which they are invested, so as to
secure the proper sanitary condition of all premises within the area under their
control.
"Since the date of their first constitution in 1855, the Metropolitan Vestries
and District Boards have had the power of taking summary proceedings for the
closing of houses unfit for human habitation, and for the abatement of overcrowding
in any house in their district. Section 134 of the Metropolis Management
Act, 1855, made every Vestry and District Board under that Act the local
authority to execute the Nuisances Removal Act, 1855; and Section 20 of the
Sanitary, Act, 1866, expressly declared that it should be the duty of the local
authority to make from time to time, either by themselves or by their officers,
inspection of their district, with a view to ascertain what nuisances exist calling
for abatement, and to enforce the provisions of the Act of 1855 and of the other
Nuisances Removal Acts, for the purpose of securing the abatement of nuisances.
" Similar powers and duties have devolved on the Commissioners of
Sewers of the City of London and the Woolwich Local Board of Health.
"The word 'nuisance' includes 'any premises in such a state as to be a
nuisance or injurious to health,' and 'any house or part of a house so overcrowded
as to be dangerous or prejudicial to the health of the inmates.'
" If, after notice from a local authority, a nuisance is not abated, or if, after
notice, it is discontinued, but is, in the opinion of the local authority, likely to
recur on the same premises, it is their duty to institute proceedings before
Justices. The Justices are empowered by their order to require the person on
whom the order is made to do such works and acts as are necessary to abate
the nuisance complained of. If they consider that the same or a similar
nuisance is likely to recur they may further prohibit its recurrence, and direct
the execution of the works necessary to prevent such recurrence, and if, in their
judgment, the nuisance is such as to render the house unfit for human habitation,
they may prohibit its being used for that purpose until it is rendered fit
for habitation, and in that case the house may not be let or inhabited until, by
a further order, the Justices have declared that it is habitable.
"As regards overcrowding, in cases where a house is inhabited by more
than one family, section 29 of the Nuisances Removal Act, 1855, provides that
whenever the Medical Officer of Health shall certify to the local authority that
any house is so overcrowded as to be dangerous or prejudicial to the health of
the inhabitants, and the inhabitants shall consist of more than one family, the
local authority shall cause proceedings to be taken before the Justices to abate
such overcrowding, and the Justices shall thereupon make such order as they
may think fit, and the person permitting such overcrowding shall forfeit a sum
not exceeding 40s. Where two convictions in respect to the overcrowding of
the same premises are obtained within a period of three months, whether the
persons convicted are or are not the same, the Justices are empowered by section
36 of the Sanitary Act, 1866, to order the closing of the house for such time as
they may deem necessary.