Section III. And it is hereby enacted, that it shall be lawful for the said Court of petty Sessions to order and

III. And it is hereby enacted, that it shall be lawful for the said Court of petty Sessions to order and direct, that proper and suitable drains or gutters for the conveyance of wastage, water, filth and other offensive matter proceeding from the houses or premises of any of the inhabitants or occupiers thereof, shall be made and built by the owners of such houses in such manner as the said Court of Petty Sessions shall direct, and upon such owners failing so to do, and also to keep the same in repair, for the space of ten days after notice to that effect shall have been given by the said Court, the said Court may cause such drains or gutters to be built or repaired, and the expense thereof shall be defrayed out of the Municipal Fund, and the said owners shall be liable to a penalty not exceeding twice the amount of such expense ; provided always that a default in the making or repairing such drains or gutters has created or is likely to create a public nuisance.