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The Vestry's Instructions endorsed hereon, may serve to indicate the works
necessary for the abatement of the nuisance. Should further information
be required, the Inspector can be seen at the Offices of the Public Health
Department any day between 9 and 10 a.m.'
"In many cases the necessary works are put in hand forthwith
and the nuisance is abated. That this has been done
has, of course, to be ascertained by a re-inspection of the
premises. Should the nuisance be not abated, a report
thereof is made to the Works and Sanitary Committee
at their next following meeting, as required by section 4;
and the Committee, 'if satisfied of the existence of the
nuisance,' direct service of a Notice on the person liable,
'requiring him to abate the same within the time specified
in the Notice, and to execute such works, and do such
things, as may be necessary for that purpose.' The description
of the nuisance, set out on the face of the
Notice, is followed by a statement that, in default of compliance
with the requisitions of the Notice, a summons
will be issued, requiring the defaulter's 'attendance before
a Petty Sessional Court to answer a complaint which
will be made, for the purpose of enforcing the abatement
of the nuisance, and for recovering the costs and penalties
that may be incurred thereby.' No penalty attaches to
disregard of a 'written intimation,' but, as it is stated in
a note at the foot of the Statutory Notice,
'Where a notice has been served on a person under the Act for the abatement
of the nuisance, and either (a), the nuisance arose from the wilful
act or default of the said person; or (b), such person makes default in
complying with any of the requisitions of the notice within the time
specified, he shall be liable to a penalty not exceeding Ten Pounds for
each offence.' Section 4, Sub-Section (4).
"The Notice, moreover, is endorsed with a statement of
'works necessary to be executed, and things to be done, to
abate the within-described nuisance'; and it is further
stated that, if any of the said works 'necessitate