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how in many ways the beneficial intentions of the
Sanitary Acts are defeated or neutralised.
It must always be borne in mind that in nearly
all instances where obedience is not paid to the
orders of a Vestry under the Sanitary Acts the case
has to be taken before the magistrate, who decides
on the evidence placed before him whether the
Vestry is right or whether the presumed offender is
right, and whether anything, and if anything what,
shall be enforced. It may be admitted that a
magistrate is generally inclined to assist the local
authorities; but he also has, and is entitled to have,
an opinion of his own, exercises his own discretion
in dealing with matters that come before him for
decision, and listens, as he is bound to do, to
opposing evidence. Consequently, over and over
again Sanitary Officers of Vestries find their efforts
to remedy or to remove what they regard as sanitary
defects or nuisances thwarted. It is not difficult to
understand this. Clauses in Sanitary Acts are
sometimes ambiguously worded. For some obvious
sanitary needs no legal provisions whatever exist.
In some cases specific enactments are rendered
powerless by other enactments. The plea of poverty,
or some other such plea, is successfully urged in
mitigation or for delay. Scientific evidence of an