Chapter XXXIV: Act 1875: persons causing a nuisance can be punished, it is a difficult

matter to detect the person in fault, unless of course it is a structural defect, when the owner can be summoned if it is allowed to remain uncured.

For this reason what are known as “Fowler’s closets,” or some modification of this principle, should be adopted in all such localities where earthclosets or some of the dry systems are not in force, as they are without any complicated valve apparatus or anything of the kind.

The last point to consider in this chapter is that of _Houses without a proper supply of water_.

“Where on _the report of the surveyor_ of a local authority it appears that any house is without a proper supply of water, and that such a supply can be furnished at a cost not exceeding that authorised by any local Act, or where there is not any local Act, not exceeding twopence a week, or at such other cost as the Local Government Board may determine, the local authority shall give notice in writing to the owner, requiring him, within a time specified, to obtain such supply, and to do all such works as may be necessary for that purpose,[206] and in default of his doing so may carry out all necessary works themselves for obtaining such supply” (_vide_ 38 & 39 Vic. c. 55, s. lxii.).

It is not very often that a house is found without any supply of water at all, for if that from the mains is not laid on it is generally found that the house is supplied from a well or from a stand-pipe in a court, or some similar source. If the water is derived from an impure well or other contaminated source, the following clause of the Public Health Act 1875 must be enforced in order to close the well or compel the discontinuance of the polluted supply, when a “proper” supply of water can be enforced in the manner I have described:

“On the representation of any person to any local authority that within their district the water in any well, tank, or cistern, public or private, or supplied from any public pump, and used or likely to be used by man for drinking or domestic purposes, or for manufacturing drinks for the use of man, is so polluted as to be injurious to health, such authority may apply to a court of summary jurisdiction for an order to remedy the same; and thereupon such court shall summon the owner or occupier of the premises to which the well, tank, or cistern belongs if it be private, and in the case of a public well, tank, cistern or pump, any person alleged in the application to be interested in the same, and may either dismiss the application, or may make an order directing the well, tank, cistern, or pump to be permanently or temporarily closed, or the water to be used for certain purposes only, or such other order as may appear to them to be requisite to prevent injury to the health of persons drinking the water.

“The court may, if they see fit, cause the water complained of to be analysed at the cost of the local authority applying to them under this section.

“If the person on whom an order under this section is made fails to comply with the same, the court may, on the application of the local authority, authorise them to do whatever may be necessary in the execution of the order, and any expenses incurred by them may be recovered in a summary manner from the person on whom the order is made.

“Expenses incurred by any rural authority in the execution of this section, and not recovered by them as aforesaid, shall be special expenses” (38 & 39 Vic. c. 55, s. 70).

It is an established fact that wells within a town must always be regarded with some suspicion, and where they exist either publicly or privately the local authority would do well to have the water from them analysed with a view to having them closed. Even cisterns, if not frequently examined and cleansed, will cause the water that is stored in them to become polluted, not only from the dust of the air settling in them and the natural impurities of the water passing through them, but frequently from foreign objects falling into them and decaying, such as rats, mice, cats, and in one case that I know of, a sirloin of beef, and in another a plumber! These remained in the cistern until the colour, smell, and taste of the water drew the attention of the drinkers to “something being the matter!” The cure for the chance of such cases as these is of course the constant supply.

[202] Any cellar in which any person passes the night shall be deemed
to be occupied as a dwelling within the meaning of this Act (38 & 39
Vic. c. 55, s. 74).

[203] “In this Act (P. H. Act 1875) the term ‘earth closet’ includes
any place for the reception and deodorization of fæcal matter
constructed to the satisfaction of the local authority” (38 & 39 Vic.
c. 55, s. 37).

[204] In case of several houses together, it has been held as not
necessary to have separate accommodation for each house, if there is
sufficient for them collectively. (Clutton Guardians v. Pointing, 4 Q.
B. Division 340, 48 L. J. M. C. 137.)

[205] It is not always possible for a separate w.c. to be provided for
each house, hence the wisdom of the law which makes it permissive for
a local authority to allow a group of tenements to be provided for by
several waterclosets close together.

[206] A similar provision is made requiring the keeper of a common
lodging house to obtain a proper supply of water (38 & 39 Vic. c. 55,
s. 81), but it does not appear to be the express duty of the town
surveyor to draw attention to this, as it does in the more general
clause.