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"(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 fine not exceeding ten pounds for each offence, whether
any such nuisance order, as in this Act mentioned, is or is not
made upon him."
'I trust that by your immediate compliance with the requirements of the
Vestry's Notice you will obviate the necessity of any further proceedings.'
This 'Final Notice' has usually the desired effect, and the
required works are, as a general rule, put in hand and completed
forthwith. Should this be not done, nothing
remains but to apply for a summons, and in such cases
'Information for the Vestry Clerk' is supplied on a
printed form, shewing the name and address of the defaulter,
the nature of the nuisance, and the premises
whereon it exists, with the following further particulars:—
1, Date of Inspection; 2, By whom inspected; 3, Description
of Nuisance; 4, Whether a Registered House;
5, If so, date of Registration; and, 6, Regulations Infringed;
7, Date of Service of Written Intimation; 8,
Date of Service of Statutory Notice; 9, Vestry's requirements;
10, Date of Service of Final Notice by
Medical Officer of Health; 11, Remarks : thus, practically,
furnishing a brief for the Vestry Clerk in the
conduct of the case in court. Fortunately,it is not often
necessary to carry cases into Court, a course which still
further extends the time necessary to procure abatement
of the nuisance, as the summons is not made returnable
in less than a week.
"It must be obvious from the foregoing statement that, in
many instances, notwithstanding all possible expedition
on the part of the Department, an unconscionable time is
occupied (extending sometimes to months), in enforcing
compliance with the law, by giving effect to the