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9.—Where a Sanitary Authority, or some person on their behalf, shall
remove any offensive refuse from any street or premises within their
district, such Sanitary Authority or such person shall properly
destroy by fire or otherwise dispose of such refuse in such manner as
to prevent nuisance.
Provided always that this Bye-law shall not be deemed to require or
permit any Sanitary Authority or person to dispose of or destroy by
fire any night-soil, swine's-dung, or cow-dung.
10.—A Sanitary Authority, or any person on their behalf, who shall
remove anv offensive refuse from any street or premises within their
district shall not deposit such refuse, otherwise than in the course of
removal, at a less distance than three hundred yards from any two
or more buildings used wholly or partly for human habitation, or
from any building used as a school, or as a place of public resort or
public assembly, or in which any person may be employed in any
manufacture, trade or business, or from any public park or other
open space dedicated or used for the purpose of recreation, or from
any reservoir or stream used for the purposes of domestic water
supply.
Provided always that this Bye-law shall not be deemed to prohibit such
deposit of such refuse for a period of twenty-four hours, when such
refuse is deposited for the purpose of being destroyed by fire, in
accordance with any Bye-law in that behalf.
11.—For the purposes of the foregoing Bye-laws, the expression "offensive
refuse "means any refuse, whether "house refuse," "trade refuse,"
or "street refuse," in such a condition as to be or to be liable to
become offensive.
12.—Every person who shall offend against any of the foregoing Bye-laws
shall be liable for every such offence to a penalty of five pounds, and
in the case of a continuing offence to a further penalty of forty
shillings for each day after written notice of the offence from the
Sanitary Authority. Provided, nevertheless, that the Court before
whom any complaint may be made, or any proceedings may be
taken in respect of any such offence, may, if the Court think fit,
adjudge the payment as a penalty of any sum less than the full
amount of the penalty imposed by this Bye-law.
Private Ways.—In connection with the condition of certain classes of
dwellings, workshops, etc., the condition of the approaches has frequently
engaged the attention of the View Sub-Committee of the Health Committee.
It is somewhat difficult to know whether mews, alleys, courts, yards, etc., are
in certain instances private or public places. Usage by several tenants of the
same or of different houses does not appear to convert such places into public
places Neither does the fact of the Vestry lighting them appear to render
them public. There appears to be some doubt as to the effect upon private
claims when your Vestry removes refuse from and cleanses such places. On
the other hand, when paved by your Vestry it would appear that they then
become actually public. The Statutes that bear upon these points are 57
George III., chap. 39, sec. 72, and the Metropolis Local Management Act of
1855, sees. 92, 98, 99, and 100.