View report page

210
750 horses are stabled together, on a limited area, in the midst of a
great community. There can be little doubt that some emanations
must inevitably escape into Paul Street from the twelve windows
(acting as ventilators) and from the entrance yard in Paul Street.
But if Messrs. McNamara keep their stables clean, and maintain a
regular daily clearance of the manure at the bottom of each shoot, I
am of opinion that they are conducting their business within the
meaning of the existing law.
A consideration of the powers of a Metropolitan Sanitary
Authority in respect to this subject, and of the exigencies and
requirements in regard to cartage contracting, may assist in a clear
understanding of a subject which has given anxiety to Public Health
Authorities in London for some years.
The Public Health (London) Act, 1891, deals generally with the
existence and abatement of conditions which are nuisances, or
injurious or dangerous to health (Sees. 1-5). It also lays down that
in trades, processes, businesses, and the like, emitting or producing
any effluvia, which is a nuisance, or injurious or dangerous to the
health of any of the inhabitants of the district, the person so offending
shall be liable to conviction and penalty, " unless it is shown that
" such person has used the best practicable means for abating the
"nuisance, or preventing or counteracting the effluvia." (Sect. 21.)
The same Act gives power to the Borough Council to serve notice on
any owner or occupier of premises on which there is an accumulation
of any obnoxious matter (including manure, &c.) for its removal
within 48 hours. In the event of the removal not taking place the
Council may remove and charge expenses against such owner. (Sect.
35). Or the Borough Council may contract for the regular removal,
with the written consent of the occupier, of all such refuse and manure.
(Sect. 36 (a)). Lastly, the Borough Council may, by resolution, require
the regular daily removal of manure or other refuse matter from
stables, cow-houses, and such premises, and where such notice has
been given if any person fails to comply with the notice he shall be
liable to a fine. (Sect. 36 (b)).
In addition to these powers of the Act, the Borough Council also
possesses power in certain Bye-laws of its own and of the London
County Council. The Finsbury Bye-laws concerning this matter
require removal of such refuse at least once a week, unless the Council
shall have resolved otherwise under the statutory provision in that
behalf. The London County Council Bye-laws lay down various
regulations for the removal of such refuse, but the only point that