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to a fine not exceeding forty shillings a day during such contrary action (section 5).
A person causing any drain, water-closet, or ash-pit, or any water supply, or apparatus,
&c., to be a nuisance, &c., by damaging the same, is liable to a fine not
exceeding five pounds (section 15). Penalties may be imposed by a Petty Sessional
Court on Sanitary Authorities and on Water Companies; as well as on persons for
a great variety of offences specified in the Act, and which will be referred to in due
course (see notes on sections 23, 27, 29, 37, 41, 42, 46, 48, 49, 51, 61, 62, 64, 69,
70, 74, 96, 115, and 116).
Appeals.—If a person appeals to the Court of Quarter Sessions against a
nuisance order, and such appeal is dismissed or is abandoned, the appellant is
liable to a fine not exceeding twenty shillings a day during non compliance with the
order, unless he proves that there was substantial ground for the appeal, and that
the appeal was not brought for the purpose of delay. The Court, in dismissing the
appeal, may impose the fines. Pending the determination or abandonment of such
appeal, no liability to fine arises, nor, usually, can proceedings be taken or work be
done under the order. But there is no appeal unless the order includes a prohibition
or a closing order, or requires the execution of structural works (section 6).
Costs and expenses incurred in execution of provisions of the Act relating to
nuisances, are deemed to be money paid for the use and at the request of the person
on whom the order is made, and with fines may be recovered in a summary
manner or otherwise as directed (section 11).
The keeping of Swine in almost any inhabited portion of the district is rendered
impossible by section 17, any premises within forty yards of any street or
public place being deemed to be "a place unfit for keeping swine"; a fine not
exceeding forty shillings, and forfeiture of the swine, and a further fine not exceeding
ten shillings a day during continuance of the offence, after notice from the
Sanitary Authority, being the prescribed penalties. Stray swine may be seized and
removed by any constable. The use of any place lor the keeping of any animal, if
proved to be unfit for that purpose, may be prohibitedjby a summary order of a Petty
Sessional Couut.
Bye-laws.—It will be the duty of the Sanitary Authority to make bye-laws
for the prevention of certain nuisances, arising from (among other tilings) any dust,
ashes, rubbish, oft'al, fish, or filth, See., in any street, or from any offensive matter
running out of any slaughter-house, butcher's or fishmonger's shop, or dung-hill,
into any uncovered place, whether fenced-in or not; or from the improper keeping
of animals on any premises, and for the paving of yards and open spaces in connection
with dwelling-houses (section 16). It will be the duty of the County Council,
under the same section, to make bye-laws for regulating the removal of any foecal,
or offensive or noxious matter in or through London, and for the provision of
suitable vehicles for the purpose, so as to prevent any nuisance arising therefrom.
The Sanitary Authority must observe and enforce all such bye-laws made under this
section. It is further enacted (section 39) that the County Council shall make byelaws
with respect to water-closets, ash-pits, dung-pits, &c., and it will be the duty