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63
LEGAL PROCEEDINGS
For some time concern had been felt with regard to the delay,, often
amounting to four to six weeks, in the hearing of legal proceedings, caused by
the full lists at the Stipendiary Magistrates Courts, and also the amount of
time it was necessary for sanitary inspectors to spend in the Courts waiting
for their cases to be heard. The results of this delay became more apparent
in August, 1954, when the new procedure for securing the more speedy abatement
of nuisances was put into operation. This procedure was to some extent nullified
by the fact that it was often necessary to wait six to eight weeks after
the expiration of the statutory notices before any action other than obtaining
a nuisance order could be taken; as a result there was delay in obtaining noncompliance
summonses and in carrying out work in default.
The matter was taken up with the Town Clerk, who discussed with the Clerk
to the Justices of the Tower Division the possibility of the hearing at special
court sittings by the Justices of that Division of summonses for the abatement
of nuisances under the Public Health (London) Act and of other summary cases
with which this Council was concerned. As a result of these discussions
arrangements were made for such cases to be heard at the Town Hall and the
first of these courts was convened in April, 1955, since when they have sat two
or three times a month. This new arrangement has proved extremely satisfactory
and has resulted in the early hearing of cases and also in a considerable
saving of sanitary inspectors' time.
Public Health (London) Act, 1936 and By-laws, Summonses issued against
owners of property during the year totalled 256 as compared with 240 in 1954,
Of this number, complaints made to the Courts with a view to obtaining nuisance
orders were 207, as against 180 in the previous year, and there were nineteen
summonses for non-compliance with Magistrates' Orders as compared with sixteen
in 1954. The Public Health Committee again gave sympathetic consideration to
the difficulties experienced by owners in poor financial circumstances in com
plying with notices, and in fifteen instances Nuisance Orders were obtained to
enable the Council to carry out the necessary work in pursuance of their
default powers.
No case was dismissed, and in thirty-nine instances costs were awarded to
the Council notwithstanding the fact that the work had been carried out before
the summonses were heard. In another thirty nine cases, where the owners had
carried out the necessary work and paid the Council5 s costs before the date of
hearing, the summonses were withdrawn. Of the three summonses which were
adjourned sine die, one related to a summons for non- compliance with a nuisance
order. Before the case was heard the owner offered to sell the property to
the Council and the adjournment was sought to enable the Council to consider
this proposition. The Council did not accept the offer of the owner, who
subsequently carried out the necessary work, and the summons was not restored
for hearing. The other two adjourned summonses related to applications to the
Courts for nuisance orders, In one case the adjournment was sought to enable
the owner to settle an outstanding war damage claim and in the other case to
enable the Council to consider action under the Housing Acts. In the latter
case the Council subsequently made a Closing Order under Section 11 of the
Housing Act, 1936, and the Local Government (Miscellaneous Provisions) Act, 1953.
There was one appeal to the Quarter Sessions - against a penalty for noncompliance
with a Nuisance Order; the appeal was dismissed with costs to the
Council.
Of 256 summonses taken under the Public Health (London) Act and By-laws
judgments were given in 192 cases, 59 were withdrawn 3 adjourned sine die, and
in two instances the summonses were not served The following is a detailed
summary of these proceedings:-