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themselves of the weekly call of the dustman, when the dustbin is at
the rear of the premises and accessible only through the house. It is
probable, nevertheless, that refusal to permit weekly clearance of the
receptacle would soon cease, were it explained that such refusal constituted
a punishable offence. The section of the Act which defines the
duties and the responsibilities of the Sanitary Authority in regard to
removal of house refuse, is the thirtieth, which reads as follows :—
(1) "It shall be the duty of every sanitary authority—
(a) To secure the due removal at proper periods of house refuse
from premises, and the due cleansing out and emptying at
proper periods of ashpits in their districts, and the
giving of sufficient notice of the times appointed for such
removal, cleansing out, and emptying ; and
(b) Where the house refuse is not removed from any premises in
the district at the ordinary period, or any ashpit in
the district is not cleansed out or emptied at the ordinary
period, and the occupier of the premises serves on the
authority a written notice requiring the removal of such
refuse, or the cleansing out and emptying of the ashpit ,
to comply with such notice within forty-eight hours after that
service, exclusive of Sundays and public holidays."
" Failure to comply with this section entails penal consequences,
for it is enacted, in sub-section (2), that, "If a Sanitary Authority fail
without reasonable cause to comply with this section, they shall be
liable to a fine not exceeding twenty pounds," which fine is, under
Section 119, to be paid to the County Council. The third sub-section
is noteworthy, as it cannot be questioned that the inability or unwillingness
of the occupiers of tenemented houses, and poor people
generally, to give the 'tip' which is expected, though possibly it is
rarely if ever 'demanded,' lies at the root of much of the difficulty
which it is the object of these remarks to call attention to. The subsection
enacts that, "If any person in the employ of the Sanitary
Authority demands from an occupier or his servant any
fee or gratuity for removing any house refuse from any premises, he
shall be liable to a fine not exceeding twenty shillings."
The power of the County Council to frame bye-laws with
regard to the collection and disposal of house refuse, is conferred
by Section 16 (2) (b) of the Public Health (London) Act, 1891