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57
LEGAL PROCEEDINGS
A total of 174 summonses were issued against owners of property under the
Public Health (London) Act, 1936, and Byelaws made thereunder; this number
included 146 complaints made to the Court with a view to obtaining Nuisance
Orders. The number of such Orders made was fifty-eight which comprised
fifty-three Abatement Orders and five combined Abatement and Prohibition
Orders. In respect of forty of the Orders made the Council were awarded costs.
In a further three instances the necessary works had been completed before the
dates of hearing but the Court, neverthteless, made Orders for costs. Seventy
summonses were withdrawn without costs - sixty-five because the works had
been completed before the dates of hearing, and five because the properties had
changed hands One summons was adjourned sine die to test the efficacy of
the work carried out and as this proved to be satisfactory the summons was not
restored for hearing. Summonses were issued against fourteen owners for
failure to comply with Nuisance Orders; the Court imposed penalties in all
fourteen cases and with one exception also made Orders for the Council's costs
to be paid.
Contraventions of the London County Council's Drainage Byelaws resulted
in the issue of twenty summonses, six of which related to the execution of
drainage work without giving notice to the sanitary authority and resulted in
five defendants being fined The sixth summons was withdrawn as there was
insufficient evidence that the defendants had in fact carried out the work.
The one owner summoned for altering or reconstructing drainage work without
depositing plans to the sanitary authority was fined but the Court made no
Order as to costs. There were nine summonses for carrying out work which did
not conform to the requirements of the Byelaws: fines were imposed in eight
cases, four of the defendants being ordered to pay costs while the last summons
was withdrawn because of lack of evidence to prove that the defendant had in
fact carried out the work. Of the four summonses for failing to maintain
drains or fittings in a proper state of repair, penalties with costs were
imposed in three cases but the fourth case was withdrawn because the necessary
work had been completed before the date of hearing.
The one owner prosecuted for failing to comply with a notice under
Section 40 of the Act requiring the repair of drains was fined and ordered
to pay the Council's costs.
Two of the three owners summoned for contraventions of the London County
Council's Ashpit Byelaws supplied the requisite dustbins before the dates of
hearing and the summonses were accordingly withdrawn; in the remaining case
the Court imposed a penalty with costs.
Failure to comply with Section 109 notices requiring the repair of
sanitary conveniences, pipes, etc., resulted in two owners being prosecuted
one of whom was fined and ordered to pay the Council's costs, the remaining
summons was withdrawn, the necessary work having been completed
The owner of one house who allowed underground rooms which did not
comply with the requirements of Section 132 of the Public Health (London) Act,
1936 to be used as dwellings was fined and ordered to pay the Council's costs.
One person who, whilst carrying on the business of a Bag and Bone
dealer, was seen to exchange toys for rags was prosecuted; the Court imposed
a fine and also made an Order for costs.
The following is a summary of the proceedings taken under the Public
Health (London) Act, 1936:-