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46
LEGAL PROCEEDINGS
The arrangement made in 1955 whereby summonses for the abatement of
nuisances under the Public Health (London) Act, and of other summary
cases with which this Council are concerned, are heard at special court
sittings by the Justices of the Tower Division at the Town Hall was
continued.
Public Health (London) Act, 1936 and By-laws. The effect of the
procedure for securing the more speedy abatement of nuisances which was
put into operation in August, 1954 was reflected in the increase in the
number of summonses issued against owners of property, which rose from
256 in 1955 to 343 in the year under review. Complaints made to the
Court with a view to obtaining nuisance orders were 276, as against 207
in the previous year, and there were 44 summonses for non-compliance
with Magistrates' Orders as compared with 19 in 1955.
Nuisance Orders to the number of 170, including two Closing Orders,
were made, and in all but two cases costs were awarded to the Council.
In a further 60 cases costs were awarded where the necessary work was
completed before the dates of the hearing of the summonses. The
summonses against eighteen defendants were withdrawn, as the notices had
been complied with and the Council's costs paid before the cases came up
for hearing. Twenty of twenty five summonses were withdrawn without
costs as the work had been completed before the service of the summonses.
Six summonses were 'not served, in four cases the defendant had moved
and in the remaining two cases service was withheld because the work
had been completed. Of the three summonses, all for Nuisance Orders,
which were adjourned sine die, one related to premises which were
vacated before the date of hearing, in the second case ownership was in
doubt, but the work was subsequently completed, and in the third case
although work had been carried out time was needed to test its efficacy.
A Closing Order made by the Magistrates Court in 1954 was revoked,
on the application of the owner, who had carried out the necessary work.
Three summonses for failing to comply with the requirements of
nuisance notices resulted in the owners being fined and ordered to pay
the Council's costs, A penalty with costs was imposed against 36 of the
44 owners who failed to comply with nuisance orders, a penalty without
costs was imposed in another case,, and one owner was granted an absolute
discharge on payment of costs.
Proceedings under Section 104 of the Public Health (London) Act
were taken against a person who, by fixing a lock to the door of a water
closet, denied access thereto to other persons entitled to use it. The
court imposed a fine and ordered the defendant to pay the Council's
costs.
There were two appeals under Section 286 against notices served
under Section 40 requiring the repair of defective combined drains. In
the first case the purpose of the appeal was to seek the Magistrate's
apportionment of the cost of the work. The second appeal followed from
the Council's practice, in the case of defective combined drains, of
serving a notice calling for the execution of the repair or reconstruction
on the owners of all premises served by the drain, One of the
owners of the premises concerned appealed against the notice served upon
him on the grounds that the notice was invalid because the defect in the
drain was not in that part which was on his premises. The appeal was
allowed, but because of the principle involved the Magistrate was asked