54 & 55 Vict. shall, by notice served on the owner or occupier of such c. 76. factory, workshop, or workplace, require him to make s. 39. the alterations and additions necessary to secure such compliance, and if the person served with such notice fails to comply therewith he shall be liable to a fine not exceeding twenty pounds, and to a fine not exceeding forty shillings for every day after conviction during which the non-compliance continues. Byelaws as to waterclosets, &c. Note. The expression 'sanitary convenience' includes the conveniences mentioned in sect. 141 of the Act, post, p. 408. The authentication and service of notices under the Act are provided for by sects. 127 and 128 of the Act. Penalties under the Act are recoverable summarily, see sect. 117, and see as to summary proceedings the note to sect. 166 of the Act of 1894, ante, p. 254. In proceedings to recover such penalties, the person charged with the offence is entitled to give evidence, see sect. 118. The decision of the authority as to the sufficiency and suitability of the accommodation to be provided under the section cannot be questioned in proceedings to recover penalties. See The Vestry of Clerkenwell v. Feary in the note to the preceding section. Under sect. 42, post, p. 405, a fine may be imposed upon the person who constructed or repaired a watercloset or drain which is found to have been so constructed or repaired as to be a nuisance or dangerous to health, or upon the agent, servant, or workman of such person. 39. (1) The County Council shall make byelaws with respect to waterclosets, earth closets, privies, ashpits, cesspools, and receptacles for dung, and the proper accessories thereof in connection with buildings, whether constructed before or after the passing of this Act. (2) Every sanitary authority shall make byelaws with respect to the keeping of waterclosets supplied with sufficient water for their effective action. (3) It shall be the duty of every sanitary authority to observe and enforce the byelaws under this section; and any directions given by the sanitary authority under this Act shall be in accordance with the said byelaws, and so far as they are not so in accordance shall be void. Note. By sect. 114 of the Act, byelaws made under the Act are to be made subject and according to the provisions with respect to byelaws contained in sects. 182 to 186 of the Public Health Act, 1875. Provided that the Council in making any byelaws which will have to be observed and enforced by any sanitary authority is to consider any representations made to it by that authority, and not less than two months before applying to the Local Government Board for the confirmation of such byelaws is to send a copy of the proposed byelaws to the authority. 54 & 55 Vict. For the byelaws which have been made by the Council under c. 76. this section see App. III., Pt. II., post. Byelaws made by the s. 40. Council under this Act shall not extend to the City of London, see sect. 133 (b) of the Act. With regard to the expression 'City of London,' see the note to sect. 4 of the Act of 1894, ante, p. 4. to authorise 40. (1) The sanitary authority may examine any of Power for the following works, that is to say, any watercloset, sanitary earth closet, privy, ashpit, or cesspool, and any water authority supply, sink, trap, siphon, pipe or other works or appa- examination ratus connected therewith, upon any premises within of watertheir district, and for that purpose, or for the purpose of closets, &c. ascertaining the course of a drain, may at all reasonable times by day, after twenty-four hours' notice has been served on the occupier of the premises, or if they are unoccupied on the owner, or in case of emergency without notice, enter on any premises, and cause the ground to be opened in any place they think fit, doing as little damage as may be. (2) If any such work as aforesaid is found on examination to be in accordance with this Act and the byelaws of the County Council and sanitary authority and directions of the sanitary authority given in any notice under this Act, and in proper order and condition, the sanitary authority shall cause the same to be reinstated and made good as soon as may be, and shall defray the expenses of examination, reinstating, and making good the same, and pay full compensation for all damages or injuries done or occasioned by the examination; but if on examination any such work is found not to be in proper order or condition, or not to have been made or provided by any person according to the said byelaws and directions, or to be contrary to this Act, the reasonable expenses of the examination shall be repaid to the sanitary authority by the person offending, and may be recovered by that authority in a summary manner. Note. The sanitary authorities referred to by the term 'sanitary authority, are those mentioned in sect. 99 of the Act. The terms 'ashpit' and 'premises' and 'owner' are defined by sect. 141 of the Act, post, p. 408. With regard to the authentication and service of notices under the Act, see sects. 127 and 128 of the Act. The byelaws which have been made by the Council under the preceding section will be found in App. III., Pt. II., post. Expenses incurred under this section are recoverable summarily. See sect. 117 of the Act; and see as to summary 54 & 55 Vict. proceedings the note to sect. 166 of the Act of 1894, ante, c. 76. p. 254. As to the recovery of such expenses from the occuS. 41. pier in the first instance, see sect. 121, post. The expression 'day' is defined by sect. 141, post, p. 408. A penalty is imposed by the following section where works required by the Act have not been provided or are not in proper order and condition. See also sect. 42, post, p. 405. A person claiming a right to enter premises for the purposes of this section may be required to produce some written document, properly authenticated on the part of the sanitary authority, showing the right of the person producing the same to enter. A person refusing or failing to admit any person so authorised is liable to a fine not exceeding 57. Where necessary, the section enables a warrant of a justice to be obtained authorising the entry, if need be, by force, and any person obstructing the execution of such warrant will be liable to a fine not exceeding 207. See also sect. 116 of the Act with regard to the penalty for obstructing any person in the execution of the Act. 41. (1) In any of the following cases- (b) if a person, without the consent of the sanitary (c) if a person discontinues any water supply without lawful authority, or (d) if a person destroys any sink, trap, siphon, pipe, or any connected works or apparatus as aforesaid either without lawful authority or so that the destruction creates a nuisance or is injurious or dangerous to health, every person so offending shall be liable to a fine not exceeding ten pounds; and if he does not, within. fourteen days after notice is served on him by the sanitary authority, or within any further time allowed by that authority or appearing to a petty sessional court necessary for the execution of the works, cause such watercloset, earth closet, privy, ashpit or cesspool to be S. 41. altered or reinstated in conformity with the said byelaws 54 & 55 Vict. and directions, or, as the case may be, to be demolished, c. 76. or such water supply to be renewed, or such sink, trap, siphon, pipe or other connected works or apparatus to be restored, such person shall be liable to a fine not exceeding twenty shillings for each day during which the offence continues; or the sanitary authority, if they think fit, in lieu of proceeding for a fine, may enter on the premises and cause the work to be done, and the expenses thereof shall be paid by the person who has so offended. (2) If, on such examination as aforesaid, any watercloset, earth closet, privy, ashpit, or cesspool, or any water supply, sink, trap, siphon, pipe, or any of the connected works or apparatus as aforesaid, appears to be in bad order and condition, or to require cleansing, alteration, or amendment, or to be filled up, the sanitary authority shall cause notice to be served on the owner or occupier of the premises, upon or in respect of which the inspection was made, requiring him forthwith, or within a reasonable time specified in the notice, to do what is necessary to place the work in proper order and condition; and if such notice is not complied with, the said owner or occupier shall be liable to a fine not exceeding five pounds, and to a further fine not exceeding forty shillings for each day during which the offence continues; or the sanitary authority, if they think fit, in lieu of proceeding for a fine, may enter on the premises and execute the works, and the expenses incurred by them in so doing shall be paid to them by the owner or occupier of the premises. (3) Any person who thinks himself aggrieved by any notice or act of a sanitary authority under this section in relation to any watercloset, earth closet, privy, ashpit, or cesspool, may appeal to the county council, whose decision shall be final. Note. The byelaws made by the Council under sect. 39, ante, will be found in App. III., Pt. II., post. As to the meaning of the term 'sanitary authority,' see sect. 99 of the Act. The terms 'ashpit,'' owner,' and 'premises' are defined by sect. 141, post, p. 408. Under the following section a fine may be imposed upon a person who undertook or executed the construction or repair of a water-closet or drain which is found to have been so constructed or repaired as to be a nuisance or injurious to health, or upon the agent, servant, or workman of such person. With regard to the authentication and service of notices under S. 42. 54 & 55 Vict. the Act see sects. 127 and 128 of the Act. A penalty is imc. 76. posed by sect. 116 of the Act for obstructing any person in the execution of the Act. Penalties and expenses are recoverable summarily, see sect. 117. As to summary proceedings see the note to sect. 166 of the Act of 1894, ante, p. 254; and see sect. 118 as to the right of the defendant to give evidence in proceedings to recover penalties under the Act; and sect. 119 as to the application of the penalties. Under sect. 121 of the Act, costs and expenses recoverable from the owner of premises are recoverable in the first instance from the occupier of the premises, who is empowered to deduct any costs and expenses he may pay from his rent, unless his contract with the owner obliges him to defray such costs and expenses himself. An appeal is given by sect. 125 of the Act to the Quarter Sessions against any conviction or order of a court of summary jurisdiction on determining any information or complaint under the Act, save as otherwise provided by the Act. See also the note to sect. 166 of the Act of 1894, ante, p. 258. The appeal given by the present section to the Council is, by virtue of sect. 126 of the Act, to be conducted in accordance with sects. 211 and 212 of the Metropolis Management Act, 1855, the first of which last-mentioned sections is set out ante, p. 353No appeal lies, however, under the section to the Council from the Commissioners of Sewers, see sect. 133 (a) of the Act. Improper construction or repair of watercloset or drain. 42. If a watercloset 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 he shows that such construction or repair was not due to any wilful act, neglect, or default, be liable to a fine not exceeding twenty pounds: Provided that where a person is charged with an offence under this section he shall be entitled, upon information duly laid by him, to have any other person, being his agent, servant, or workman, whom he charges as the actual offender, brought before the court at the time appointed for hearing the charge, and if he proves to the satisfaction of the court that he had used due diligence to prevent the commission of the offence, and that the said other person committed the offence without his knowledge, consent, or connivance, he shall be exempt from any fine, and the said other person may be summarily convicted of the offence. Note.-Fines under this section are recoverable summarily under sect. 117 of the Act. See as to summary proceedings the note to sect. 166 of the Act of 1894, ante, p. 254. Any person aggrieved by a conviction under this section may appeal there |