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59
"Notice may be given by a Sanitary Authority (by public
announcement in the district or otherwise) requiring the
periodical removal of manure or other refuse matter
from stables, cow-houses, or other premises; and where
any such notice has been given, if any person to whom
the manure or other refuse matter belongs, fails to comply
with the notice, he shall be liable, without further notice,
to a fine not exceeding twenty shillings for each day
during which such non-compliance continues."
Your Vestry have given such notice, and require the removal
of manure from stables three times every week, namely, on Monday,
Wednesday and Friday, or on Tuesday, Thursday and Saturday.
According to my information, the requirements of the notice would
appear to be generally complied with by the occupiers of the
premises at which the nuisance arises to which reference is herein
made. In some instances the Sanitary Committee have, upon my
advice, authorised the service of a notice, in individual cases,
requiring a daily removal of the refuse. But even if this notice
were duly complied with, I am of opinion that, under existing
arrangements, it would not be effectual to prevent the occurrence of
the nuisance which arises, as before stated, in the disturbance of the
offensive matter in the course of transfer from the receptacle to the
removing vehicle and in its transit through the streets.
It need hardly be said that the Sanitary Authority have power,
not merely to serve a notice requiring abatement of a nuisance and
to call upon the person "by whose act, default, or sufferance the
nuisance arises or continues to do such things as may be
necessary for that purpose;" but they "may also by the same or
another notice served" on such person, "require him to do what is
necessary for preventing the recurrence of the nuisance." They
may also, "if they think it desirable, specify any works to be
executed for that purpose, and may serve that notice notwithstanding
that the nuisance may for the time have been abated, if the
Sanitary Authority consider that it is likely to recur on the same
premises." Now, acting upon my advice, the Sanitary Committee
have, on more that one occasion, called the attention of persons by
whose act, default, or sufferance, this nuisance arises, to a method
of dealing with the refuse which would, I think, materially mitigate
the cause of complaint; viz., by placing the refuse, at once on
removal from the stable, in the vehicle in which it is to be taken
away from the premises. By so doing, the immediate cause of the
principal nuisance, viz., disturbance of the matter in transfer from
the receptacle to the vehicle, would be avoided; I beg, therefore, to