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109
to costs, thus leaving the matter entirely open. The magistrate
was influenced by the impression that your Vestry had
not taken steps to abolish the nuisance during the many years
of its alleged continuance, and he indulged in some reflections
upon your Vestry's officers in the public health department,
for not having reported the nuisance—if any existed ; the
fact being, as the Council's representative knew, that during
many years, in the annual reports of the medical officer of
health, attention had been drawn to the nuisance. The
reports were in court, and should have been produced. The
sanitary committee, moreover, had reported that "it could
not be questioned that at times smells of the most obnoxious
character emanate from the premises to the serious inconvenience,
if not danger, of the inhabitants of the houses in the
immediate vicinity"; and they had recommended that the
matter should be dealt with either by complaint to the petty
sessional court, or by proceedings in the High Court,
so as to secure the abatement of the nuisance; a course
which would have been taken had not the Council
intervened. Subsequently, the committee thought it would
be well to defer proceedings on the part of the Vestry,
as sanitary authority, and meantime to get the proprietor of
the premises to effect improvements, which, it was thought,
might lessen the nuisance, to the gravity of which several of
the inhabitants of the district had testified in court. These
suggested improvements, which included the provision of a
scour or condensing apparatus, and elevation of the chimney
shaft, were carried out with apparently good results, judging
from the diminution in complaints.