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128
may authorise entry by day or night. A warrant continues in force until the purpose
for which the entry is necessary has been satisfied.
Obstructing Execution of the Act.—Section 116 renders liable to a fine not
exceeding five pounds, any person who obstructs any member or officer of a
Sanitary Authority duly employed in the execution of the Act; or destroys or
defaces any bye-law, notice, &c., put up by authority of the Local Government
Board, the County Council, or the Sanitary Authority, or wilfully damages any
works or property belonging to the Sanitary Authority. If the occupier of any
premises prevents the owner from obeying or carrying into effect any provision of
the Act, he shall be ordered by a Petty Sessional Court to permit the execution of
necessary works, the penalty for a continued, refusal, alter an order by a Petty
Sessional Court, being a fine not exceeding five pounds per day during such continuance.
Summary Proceedings.—Section 117 deals with summary proceedings for
offences, &c., and for recovery of fines; all of which will be paid to the Sanitary
Authority, excepting such as are imposed on that Authority, these going to the
County Council (section 119).
Nuisances caused by Two or more Persons.—Section 120 deals with proceed,
ings in certain cases against nuisances when caused by two or more persons, one or
all of whom may be proceeded against, and required to abate the nuisance, and be
served with a prohibition order, and be fined, &c. Proceedings against several
persons are not to abate by reason of the death of any of them. When some only
of the persons are proceeded against, they will be entitled to recover a proportionate
part of the costs of and incidental to such proceedings, and of abating the
nuisance, and of any fine, See., imposed. The "owner" or "occupier" of
premises may be so designated without name or further description.
Petmery of Costs and Expenses.—Costs and expenses recoverable by the
Sanitary Authority from an owner of premises, may be recovered from the occupier
for the time being, and may be deducted by him from the rent due or accruing due
(section 121).
Representation of Sanitary Authority.—The Sanitary Authority may be
represented in Court, or in any legal proceeding, by any officer or member
authorised generally or specially (section 123).
Protection of the Sanitary Authority and their officers from personal liability,
when acting bona fide in the discharge of their duties, is conferred by section 124.
But members of the Authority are liable to be surcharged in respect of amounts
they joined in authorising if these should be disallowed by the Auditor.
Appeals.—Ar.y person aggrieved by any conviction or order made by a Court
of summary jurisdiction, may appeal therefrom to a Court of Quarter Sessions
(section 125), Appeals to the County Council follow the old procedure as laid
down in the Metropolis Management Act (section 126).
Notices, orders, &c., may be served by post—a most useful provision (section
128).