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Hitherto no adequate penalty was forthcoming even in cases
of gross negletft by house owners. "A fine not exceeding ten
pounds," now introduced, may cause a little more energy to be
called forth when nuisances require abatement.
Sec. 5 enacts that where such notice from the Sanitary Authority
is disregarded, a magistrate may make an order, which at his
discretion, may specify what works shall be executed. A closing
order may also be made, and a fine of" not exceeding twenty
pounds," may be inflicted.
Sec. 6 provides for certain arrangements, should an appeal from
the Magistrate's Order be made to a Court of Quarter Sessions
against a prohibition or closing Order, or against an Order for
the execution of structural works. In such an event, the Court
has power to order that the works shall be executed by the Sanitary
Authority, who may recover the costs in a summary manner.
Sec. 7 enacts that a Petty Sessional Court, in the case of two
convictions for overcrowding within a period of three months, may
order the house to be closed for such period as the Court may
deem necessary. This Order may be issued whether the persons
convicted were or were not the same.
Sec. g, in giving authority for the sale of things removed
in carrying out works to abate a nuisance by the Sanitary
Authority, includes the words " or doing what is necessary to
prevent the recurrence of" the nuisance.
Sec.11 does not provide that when expenses are sought to be
recovered by the Sanitary Authority for abating a nuisance, it
shall be necessary to prove that the house was unfit for human
habitation. It is further said, " and in case of nuisances caused
by the act or default of the owner of premises, such costs and
expenses may be recovered from any person who is for the time
being owner of such premises." It is also competent for the costs,
expenses and fines to be recovered in the High Court, or in a
summary manner, or in the County Court.
Sec. 15 reads: "If a person causes any drain, water-closet,
"earth-closet, privy, or ash-pit, to be a nuisance, or injurious, or
" dangerous to health, by wilfully destroying or damaging the
" same, or any water-supply, apparatus, pipe, or work connected
" therewith, or by otherwise wilfully stopping up, or wilfully
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