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255
I must confess, also, that it seems to me that the
express objects of Sections 40 and 41, the provisions of
which I have briefly placed before yon, are not clearly
explained. Nearly everything that is dealt with under
them can, as it seems to me, be also dealt with under the
Sections relating to nuisances which may be dealt with
summarily. Their objects, however, I think must be : 1st,
to require, that when an efficient inspection of the sanitary
arrangements of premises necessitates damage to property,
some due consideration to the convenience and rights of the
occupier or owner shall be shown ; and 2nd, that disobedience
to the legal requirements of the Sanitary
Authority, or to By-laws (even if the condition of things
has been or is unattended with the actual presence of a
nuisance) shall not be permitted.
A very important provision is contained in Section
42 : namely, that if a water-closet or drain is so constructed
or repaired as to be a nuisance, or injurious or dangerous
to health, the person who undertook or executed such
construction or repair shall, unless it be shown that such
construction or repair was not due to any wilful act, neglect,
or default, be liable to a fine not exceeding twenty pounds.
Sections 37 and 38 re-enact with some improvements
the Sections in the Metropolis Local Management Act,
which relate to the sanitary arrangements of houses; which,
by being incorporated in the present Act, may henceforth
be dealt with by the Sanitary Committees without need of
being brought expressly before the Vestry, and hence
without undue delay.