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the employ of the Sanitary Authority, or of any Contractor with 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 ordinary period mentioned in the above
Section 30 (1) (b) is that named in Bye-law 7 of the Bye-laws of the London
County Council, under Section 16 (2) of the Public Health (London) Act,
1891, as to the removal and disposal of refuse:—"The Sanitary Authority
shall cause to be removed not less frequently than once in every week the
house refuse produced on all premises within their district." The duty of
allowing house refuse to be removed every week falls upon the occupier, and
the duty is contained in Section 126 of the Metropolis Local Management
Act:—Any occupier of any house or land, or other person, who refuses or does
not permit any soil, dirt, ashes, or filth to be taken away by the scavengers
appointed by or contracting with any Vestry or Board, as aforesaid, or who
obstructs the said scavengers in the performance of their duty, shall for every
such offence forfeit and pay a sum not exceeding £5.
On referring to the Public Health (London) Act, 1891, in the 4th Schedule,
amongst the sections of the Metropolis Management Act, 1855, which are
repealed, is included "section 126, as from the coming into operation of any
Bye-law made for the like object."
It is further provided in the Public Health (London) Act, 1891, section 142
(4): " Any enactment expressed in the fourth Schedule to this Act to be
repealed as from the coming into operation of any Bye-law made for the like
object, shall, although no such Bye-law is made, be repealed on the expiration
of twelve months next after the commencement of this Act, or such later day,
not exceeding eighteen months from such commencement, as may be fixed by
Order in Council." I have been informed by the Medical Officer of Health that
the London County Council has made no Bye-law dealing with refusal to allow
the removal of dust, being of opinion that section 116 of the Public Health
(London) Act, 1891, gives the Sanitary Authority all necessary power. Section
116 (1) is as follows:—" If any person (a) wilfully obstructs any member or
officer of a Sanitary Authority, or any person duly employed in the execution
of this Act, he shall be liable to a fine not exceeding five pounds." By section
31 of the same Act it is enacted, "Every Sanitary Authority shall employ
a sufficient number of scavengers, or contract with any scavengers, whether
a company or individuals, for the execution of the duties of the Sanitary
Authority under this Act with respect to the sweeping and cleansing of the
several streets within their district, and the collection and removal of street
refuse and house refuse, and the cleansing out and emptying of ash-pits, earthclosets,
privies, and cesspools."
It is quite clear from this that the scavengers, or dustmen, who are
employed by the Contractors on behalf of the Sanitary Authority, are
persons duly employed in the execution of this Act, so that any person
refusing to allow the scavengers or other persons employed by the Contractors
in the collection of house refuse to remove the refuse when called upon is
guilty of obstruction under section 116 of the Public Health (London) Act,
1891, and liable to a fine not exceeding £5 accordingly.