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47
LEGAL PROCEEDINGS
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Public Health (London) Act, 1936 and Bylaws. Legal proceedings taken during
the year totalled 240 as compared with 163 in 1953. The increase was to a
large extent the result of the new procedure, designed to expedite compliance
with sanitary notices served, which was put into operation in August, and which
is outlined in the Section relating to sanitary circumstances of the area.
The principal increases were in complaints made to the Courts with a view to
obtaining nuisance orders, which totalled 180 as compared with 131 in the
previous year; there were six more summonses for non-compliance with Magisstrates'
Orders, 15 more for contravention of the Ashpit Bylaws, and eight more
for contravention of the Drainage Bylaws. The difficulties in complying with
notices experienced by owners in poor financial circumstances continued to
receive the sympathetic consideration of the Public Health Committee and in
a number of instances nuisance orders were obtained under the Public Health
(London) Act, 1936 to enable the Council to carry out the work in pursuance of
their default powers.
It is interesting to record that despite the increase in legal proceedings
no case was dismissed, and although the Council were not always successful in
their applications for costs it should be noted that in 33 instances costs were
awarded to the Council notwithstanding the fact that the work had been carried
out before the summonses were heard. In 50 cases where the owners had carried
out the necessary work before the date of hearing, the summonses were withdrawn
on payment of the Council's costs. Of. the six summonses which were adjourned
sine die one related to a smoke nuisance. In this case illness prevented the
inspector from giving evidence at the first hearing and on the adjourned hearing
the summons was adjourned sine die as the defendant had in the interim
period taken the steps necessary to abate the nuisance. In two of the three
instances in which the adjournment was granted to enable the defendants to
carry out the necessary work the summonses were not restored for hearing
because the work was completed; in the third case the property changed hands
and the notice was re-served on the new owner. The fifth adjournment was
granted to enable the defendant to reach settlement of an outstanding war
damage claim. The remaining case related to a requisitioned house, and
although the defendant carried out the necessary work he disputed his liability
to do so; the Council's application for costs was therefore adjourned pending
clarification of the District Valuer's compensation award.
The one appeal to the Quarter Sessions against a Nuisance Order was dismissed
with costs to the Council.
Of the 240 summonses taken under the Public Health (London) Act and Bylaws
judgments were given in 169 cases, 62 were withdrawn, 6 adjourned sine die, and
in three instances the summons was not served.