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Sec. 37, sub-section 4 (b.):—"Where a watercloset has before
" the commencement of this Act, been and
Regulations " is used in common by the inmates of two
as to Water "or more houses, and in the opinion of the
closets, &C. " Sanitary Authority may continue to be pro"
perly so used, they need not require a water"
closet to be provided for each house."
Sec. 39 :—" The County Council shall make bye-laws with
" respect to waterclosets, earth-closets, privies, ashpits, cesspools,
" and receptacles for dung, and the proper accessories thereof in
" connexion with buildings, whether constructed before or after
" the passing of this Act.
" Every Sanitary Authority shall make bye-laws with respect
" to the keeping of water-closets supplied with sufficient water for
" their effective action.
" It shall be the duty of every Sanitary Authority to observe
" and enforce the bye-laws under this section ; and any directions
"given by the Sanitary Authority under this Act shall be in
" accordance with the said bye-laws, and so far as they are not so
" in accordance shall be void."
Sec. 40 which makes provision for the due care of water-closets,
&c., now includes ' ash-pit.'
Sec. 41 which forbids without the consent of the Sanitary
Authority the re-construction of any water-closet, earth-closet,
privy, ashpit, or cesspool, which has been ordered by them either
not to be made, or to be demolished, now excludes " sewer and
drain " which were mentioned in former Acts.
Sec. 42 recites : " If a water-closet or drain is so constructed or
" repaired as to be a nuisance or injurious or dangerous to health,
" the person who undertook or executed such construction or
" repair, shall, unless he shows that such construction or repair
" was not due to any wilful act, neglect, or default, be liable to a
" fine not exceeding twenty pounds.
" Provided that where a person is charged with an offence under
" this section, he shall be entitled upon information duly laid by
" him, to have any other person, being his agent, servant, or
" workman, whom he charges as the actual offender, brought before
" the court at the time appointed for hearing the charge, and if he