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subject to the provisions of the factory Act, 1878, relating to cleanliness, ventilation
and overcrowding) which is not properly kept, or is not efficiently ventilated, or is
overcrowded. All of these, among others not necessary to recite here, are "nuisances
liable to be dealt with summarily " under the Act.
Nuisances liable to be dealt with summarily.—Section 24 adds to the list of
nuisances liable to be dealt with summarily: factory fire-places, furnaces, &c.,
which do not consume their smoke, and any chimney (other than that of a dwelling
house) sending forth an undue quantity of black smoke. Section 48, moreover,
adds to the list a house without a proper and sufficient supply of water;
and section 95, any tent, van shed, See., used for human habitation which is in a
state injurious or dangerous to health, or is overcrowded.
Information of a Nuisance may be given to the Sanitary Authority, i.e., the
Vestry, by any person, and it is the duty of "every officer" of the Authority" and
of every Relieving Officer," in accordance with the regulations which the Guardians
are required to make, to give that information (section 3).
Power of Individual to complain to fustice of Nuisance.—It complaint is made
to a justice (as it may be), by any person, of the existence of a nuisance, the like
proceedings shall be had, with the like incidents, and consequences, as to making
orders, fines for disobedience, appeal, and otherwise, as in the case of a like complaint
by the Sanitary Authority. The Court may adjourn the hearing, and have
the premises examined, and may authorise the entry of any constable or other
person for that purpose, and authorise either to do all necessary acts, and recover
the expenses from the person on whom the order is made; either person acting with
all the powers of an officer of the Sanitary Authority for like purposes (section 12).
Power of Entry to any premises is given to the Sanitary Authority and their
officers for the discovery of nuisances at any hour during the day (i.e., between 6 a.m.
and 9 p.m.), or if the nuisance arises in respect of any business, at any hour whilst
the business is being carried on: after the discovery of the nuisance, or when a
nuisance order has been made, or has not been complied with, the power continues
so long as may be necessary (section 10). Power of entry is given also in respect of
smoke consumption (section 23 (5) ), of Workshops, &c. (section 26 (2) ), of vans
and tents used for human habitation (section 95), and of underground rooms
(section 97 (2) ). The general provisions as to powers of entry are contained in
section 115.
Duties of the Sanitary Authority in respect to Nuisances liable to be dealt with
summarily under the Act.—These are set out, generally, in section I, already
cited. Section 3 requires the Sanitary Authority to give such directions to their
officers as will secure the existence of the nuisance being immediately brought to the
notice of any person who may be required to abate it, viz., by the service of a
"written intimation." By section 4, it is their duty to serve a notice upon the
person liable to abate the nuisance, to abate the same within a specified time: the
works to be executed may be specified if the authority think it desirable. By the
same or another notice, the owner, occupier, &c., may be required to do what is