View report page

48
The number of summonses issued against owners of property under the Act
and Byelaws showed a considerable reduction on that for 1957, the comparative
figures being 263 and 361. Complaints made to the Court with a view to
obtaining Nuisance Orders fell from 285 to 194, while summonses for noncompliance
with Magistrates' Orders dropped from 45 to 41.
Nuisance Orders to the number of 91 (including one Closing Order) were
made, but in 19 cases no costs were awarded to the Council. Costs were not
sought in seven cases as the Orders were obtained to enable the Council to
carry out work on behalf of owners in poor financial circumstances. In 25 of
the 27 instances where the necessary work was completed before the dates of the
hearing of the summonses the Court made Orders for costs.
Summonses against 63 defendants were withdrawn as the notices had been
complied with before the cases came up for hearing and in eleven instances the
Council's costs were paid. Two further summonses were withdrawn, the properties
having changed hands.
Three summonses were adjourned sine die, one because of change of ownership;
in this case the notice was re-served and complied with; one because
workmen were unable to carry out the necessary work because of the illness of
the tenant concerned, and one to enable consideration to be given to action
being taken under the Housing Act, 1957.
In making a Closing Order in respect of the basement of one house the
Court also imposed a penalty with costs against the owner for failing to comply
with the requirements of the Nuisance Notice.
Of the total of 41 owners summoned for failure to comply with Nuisance
Orders, a penalty with costs was awarded against 34, a penalty without costs
against four; two summonses were withdrawn because the necessary works had
been completed, and in one of these cases the defendant paid the Council's
costs. One summons was adjourned sine die to test the efficacy of work
carried out; the work proved satisfactory and the summons was not restored for
hearing.
Contraventions of the London County Council's Drainage Byelaws resulted in
the issue of 17 summonses. Pour related to the execution of drainage work
without giving notice to the sanitary authority and, in each case, the Court
imposed a penalty with costs. In six instances the offence was improper
construction of drainage work in four cases a penalty with costs was imposed,
in one case a penalty without costs, while the sixth defendant was granted an
absolute discharge on payment of costs. The remaining seven summonses related
to failure to maintain drains in proper working order; a penalty with costs
was imposed in four cases, one defendant was granted an absolute discharge on
payment of costs, in one case the work was completed and the summons withdrawn
without costs and in the remaining case the property changed hands and the
summons was withdrawn.
One owner who failed to comply with a Notice requiring the repair of a
defective drain served under Section 40 of the Public Health (London) Act, 1936
was fined and ordered to pay the Council' s costs.
Five summonses related to contraventions of the London County Council's
Ashpit Byelaws. In two cases a penalty with costs was imposed, in two cases
the dustbins were supplied and the summonses were withdrawn, one on payment of
the Council's costs; the fifth summons was "not served" and the premises were
subsequently dealt with under the Housing Act, 1957.
Five summonses were served for contraventions of the London County
Council's Water Closet Byelaws and resulted in a penalty and costs being
imposed in two cases, two summonses were withdrawn without costs, in one case
the wort had been completed and in the other the property had changed hands.
One sunmons was "not served" and was not re-issued because it was proposed to
take action under the Housing Act, 1957.