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58
LEGAL PROCEEDINGS
For the past four years all the Department's summonses have been heard by
a bench of Magistrates sitting at the Town Hall During the year under review
summonses issued under the Public Health (London) Act, 1936 and Byelaws made
thereunder against owners of property totalled 137, including 96 complaints
made to the Court with a view to obtaining Nuisance Orders. A total of
forty-two such Orders were made, thirty-one with costs and eleven without costs.
The Court also made an Order for costs in one case where the work was completed
before the date of hearing Of the fifty-one summonses which were withdrawn
without costs, forty-nine were withdrawn because the notices had been complied
with before the cases came up for hearing; the defendant in one of the
remaining cases had left the country, and in the other case the premises had
been vacated Two summonses were adjourned sine die to test the efficacy of
the work carried out; in both cases the work proved satisfactory and the
summonses were not restored for hearing.
The one summons for non-compliance with a Statutory Notice resulted in
the defendant being fined, but the Court made no order for costs.
Failure to comply with Nuisance Orders resulted in summonses being issued
against sixteen owners; a penalty with costs was awarded against eleven, a
penalty without costs against one, while one defendant having completed the
necessary work was granted an absolute discharge. Three of the summonses were
withdrawn without costs, in two instances because the work was completed before
the service of the summons; the defendant concerned in the third case died
before the date of hearing
Sixteen summonses were issued in respect of contraventions of the London
County Council's Drainage Byelaws; of the six summonses relating to the
execution of drainage work without giving notice to the sanitary authority five
resulted in the defendants being fined, two being ordered to pay the Council's
costs, while the sixth case was withdrawn on payment of costs Nine summonses
related to the carrying out of drainage work not in conformity with the Byelaws;
an absolute discharge was granted in one case; seven defendants were fined,
six of them being ordered to pay the Council's costs, and the remaining case
was withdrawn on payment of costs. Failure to maintain a soil pipe in a
proper state of repair resulted in a fine with costs being imposed.
Of the five summonses relating to contraventions of the London County
Council's Ashpit Byelaws, four resulted in a penalty with costs being imposed
and the fifth was dismissed without costs.
The two owners prosecuted for contraventions of the London County Council's
Water Closet Byelaws were fined and ordered to pay the Council's costs
The defendants concerned in a summons issued under Section 137 of the Act
in respect of a nuisance arising from premises used for paint spraying and
stove enamelling, vacated the premises and the summons was withdrawn without
costs
The following is a summary of the proceedings taken under the Public
Health (London) Act, 1936;-
SECTION 82 AND THE FIFTH SCHEDULE (NUISANCES)
Abatement Orders made - costs awarded 31
Abatement Orders made - no costs awarded 11
Work completed - costs awarded 1
Summonses adjourned sine die 2
Summonses withdrawn without costs, work completed 51
Non-compliance with Statutory Notice
Penalty imposed - no costs awarded 1