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But the Sanitary Authority, in lieu of proceeding for a fine, may execute the
necessary works and recover the expenses (sections 37 and 3S). An aggrieved
person has an appeal to the County Council under section 37.
Examination of Drains, &c.—The Sanitary Authority, by section 40, w ill
have the existing power of examining drains and all other sanitary arrangements, or
works, or apparatus, and may enter a house, after 24 hours' notice, and cause the
ground to be opened for the purpose—defraying all expenses, and compensating for
damage done, if the works, &c., aforesaid, are found to be in accordance with the Act
andtheir own bye-laws, and with those of the County Council. But if any such work,
&c., is found not to be in proper order or condition, the reasonable expenses of the
examination must be borne by the person offending—a judicious amendment of the
law for which I have long contended.
Improper Construction, &c., of IVater-closets,&c.—Section 41 imposes a fine
not exceeding ten pounds on any person improperly making or altering waterclosets,
&c., or who destroys any sanitary apparatus, without lawful authority, or so
that a nuisance is created, and a fine not exceeding twenty shillings a day should
such person not reinstate or execute works ordered by a Petty Sessional Court after
notice served upon him by the Sanitary Authority. If any water-closet, or other
sanitary apparatus is found on examination to be in bad order or condition, or to
require cleansing, repair, &c., the Sanitary Authority must serve a notice for
necessary works, non compliance with which entails liability to a fine not exceeding
five pounds, and a further fine not exceeding forty shillings for each day during
default. The Sanitary Authority, moreover, may enter and execute the works a
the cost of the owner or occupier. There is an appeal to the County Council under
this section also.
Construction atul Repair of Drains, &c.— Section 42 introduces a new
principle in sanitary legislation, as it renders master or man employed in the making
or repairing of a water-closet or a drain, liable to a fine not exceeding twenty
pounds, if the work is so done as to be a nuisance or injurious or dangerous to
health.
Public Lavatories and Sanitary Conveniences.—The Sanitary Authority may
provide public lavatories, and ash-pits, as well as public sanitary conveniences, in
situations where they deem the same to be required; for this purpose the subsoil of
any road is vested in them (section 44). Regulations with respect to the management
of such places, and bye-laws as to the conduct of the users thereof, may be
made. The conveniences, &c., may be let for any term not exceeding three years,
and fees may be charged for their use. The Sanitary Authority will have a
practical monopoly in regard to the provision of such places, as none can be erected
in, or accessible from, a street without their consent. The section (45) does not
extend to the premises of a railway company. Section 46 deals with sanitary conveniences
used in common by the occupiers of two or more separate dwellinghouses,
or by other persons, imposing fines for the injury or fouling of the same, or
if the same are made or allowed to be a nuisance or annoyance to any inhabitant
for want of the proper cleansing thereof.
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