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necessary for preventing the recurrence of the nuisance. Provided that if the person
causing the nuisance cannot be found, the Sanitary Authority may abate the same
and do what is necessary to prevent recurrence (section 4). Complaint must be
made to a Petty Sessional Court* if the requirements of the notice are not complied
with, or if the nuisance, although abated since the service of the notice, is likely to
recur. The Sanitary Authority may enter the premises to which a nuisance order
relates, and abate or remove the nuisance (section 5). On the Authority of the
Court, if their order is appealed against, the Sanitary Authority may abate the
nuisance and recover the cost of so doing. But if the appeal is successful, they must
pay the cost of such abatement and for damages, if any are sustained (section 6). If
the person liable to abate a nuisance cannot be found, the nuisance order may be
addressed to and must be executed by the Sanitary Authority (section 8). The
Sanitary Authority may take proceedings for abating a nuisance without their
district, affecting the inhabitants, against the person or persons causing or liable to
remove the nuisance, as if the nuisance were committed or took place within their
district. Section 108 of the Public Health Act, 1875, dealing with cases of this
description, continues to apply to the Metropolis (section 14). The Sanitary
Authority may take proceedings in the High Court for the abatement of nuisances,
(section 13).
Powers of a Pettv Sessional Court.—When the Sanitary Authority's notice
for the abatement of a nuisance is not complied with, or if the nuisance is likely to
recur, the Court may make on the person liable, a summary order, referred to in the
Act as a "nuisance order," which may be an "abatement order," a "prohibition
order" or a "closing order," or a combination of such orders. A closing order
can only be made if the house is proved to be unfit for human habitation, in which
case the Court may impose a fine not exceeding twenty pounds. Such an order
may be cancelled by the Court if the Court are satisfied that the house has been
made fit for human habitation (section 5). On the application of the Sanitary
Authority, a Petty Sessional Court may order a house to be closed for a limited
time, if two convictions for overcrowding have taken place within three months
(section 7).
Penalties.—If the nuisance arose from the wilful act or default of a person, or
if any person makes default in complying with the requirements of the notice within
the time specified, liability to a fine of ten pounds is incurred for each offence,
whether a "nuisance order" is or is not made upon him by the Petty Sessional
Court (section 4). If a closing order is made, a fine not exceeding twenty pounds
may be imposed. If a person fails to comply with the provisions of a nuisance order,
he becomes liable to a fine not exceeding twenty shillings a day during his default,
and if a person acts contrary to a prohibition or a closing order, he becomes liable
*The Interpretation Act, 1889, section 13 (sub-section 12), defines the expression Petty
Sessional Court to mean (inter alia) a Gourt of summary jurisdiction, consisting of two or more
justices, when sitting in a "Petty Sessional Court-house"; an expression that means a Courthouse
or the place at which justices arc accustomed to assemble for holding Special or Petty
Sessions—as heretofore at the Town Hall.