-8-
72
21. In the first place it is not right that the time of
the Governor in Council should be taken up with a matter which,
within limits, has become largely a matter of routine. The
new section 162 therefore substitutes the permission of the
Colonial Secretary for the consent of the Governor in Council.
Government control is retained because, while the Board is
fully competent to weigh sanitary conditions, it is often not
in possession of the data necessary for dealing with other con-
siderations which are sometimes involved, e.g., questions of
drainage and water supply.
22.
In the second place, the only cases in which the
removal of water closets or urinals might clearly be ordered
under the principal Ordinance were the following -
(a) When they were a nuisance within the meaning of
section 26 of the principal Ordinance,
(b) When (i) they were in existence at the commence-
ment of the principal Ordinance and (ii) had,
without the permission of the Board or the con-
sent of the Governor in Council, a communication
with a public sewer or private drain.
(c) When they were, in the opinion of the Board and
of the Governor in Council, in an insanitary
condi tion.
Other cases where there should be a clear power to remove
readily suggest themselves, e.g., where there has been a breach
of a condition of the permission, where the well from which the
water supply was drawn has dried up, where a pump has become
defective, or where both parties intended originally that there
should be a power of revocation. Accordingly, sub-section(3)
of the new section 162 gives a magistrate power to order
removal (a) where the construction was unlawful, (b) where the
maintenance is unlawful, e.g., in breach of a condition, and