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power to deal; but efforts have been constantly made to minimise cause
for complaint by promoting removal before the substances in question
have become offensive from decomposition."
After some further observations in regard to the action taken by
the Vestry to prevent or abate nuisance, the report concluded as
follows:—
"There can, I think, be no doubt that the representations made to
the Board 'that the existing provisions in the Nuisance Removal Acts,
and in the Local Management Acts, bearing upon the matter, do not
enable the Local Sanitary Authority to deal authoritatively and effectively
with nuisance'arising from the storage, the collection, and the removal
of offensive substances, are well founded, and that additional powers arc
necessary. The Board are satisfied that ' serious nuisance does arise' from
the source in question, and I trust they will come to the conclusion, at
which your Vestry long since arrived, that the matter can be dealt with
effectively only by the bye-laws, entailing an adequate and fixed penalty
for offence—bye-laws made by the Board, under their existing powers,
or under fresh powers to be obtained from Parliament; bye-laws, the
carrying out of which should be entrusted to the Local Sanitary
Authorities. Such bye-laws with respect to offensive substances of
animal origin should make provision with regard : —
"(1) To storage vessels, which should be of metal, impervious and
covered.
"(2) To removal in iron tank vans (but it would be better to provide
for the removal of the storage vessels themselves).
"(3) To time of daily removal (in the evening) ; and
"(4) To measures for disposal of the refuse.
"It is open to consideration whether the duty of removing all
offensive substances should not be devolved upon the Sanitary Authority,
at the reasonable cost of the producers thereof."
The report was approved by the Vestry, and the Board were
informed on 12th December, 1887 —
"That nuisance is experienced ... in the storage and in the collection
of offensive material and in its conveyance through the streets . . .
and is aggravated by the objectionable character and condition of the
vehicles used for conveying the offensive material."
The steps taken by the Vestry for preventing the nuisance were
described —proceedings having been taken under the Nuisances
Removal Acts, the Sanitary Act, 1866, and the Slaughter-houses
(Metropolis) Act, 1874. The Nuisances Removal Acts were deemed
insufficient for dealing adequately with the matter, as " there is no
penalty for the offence of committing a nuisance, and it is not always
easy to satisfy the justices of the reality of the nuisance." The
Sanitary Act had proved insufficient to secure periodical removal of
manure, " owing to the reluctance of the justices to inflict adequate
penalties for default," i.e., breach of the regulations requiring
periodical removal: the Vestry, moreover, " have no power to remove
the refuse at the cost of the owner, nor without his consent."