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collecting and removing trade refuse of an offensive or noxious nature
from any premises within their district, at a charge to be fixed by the
local authority, or, in the event of dispute, by a police magistrate.
"(b) That, in the opinion of the Conference, the sanitary authority
should be empowered to employ, if they think fit, a sufficient number of
scavengers, or contract with any scavengers, whether a company or
individuals, for collecting and removing the manure and other refuse
matter from any stables and cow-houses within their district, at a charge
to be fixed by the local authority, or, in the event of dispute, by a police
magistrate."
The subject, which had engaged the attention of the County
Council more or less since the Conference, has recently been brought
by them to the notice of the Metropolitan Borough Councils in
the circular letter referred to the Public Health Committee. The
County Council do not regard the matter of removal of manure "as
one of great urgency," but state that it has been " noted for consideration
in connection with any general amendment of the Public
Health (London) Act." They, however, are "considering the
question of the collection of all offensive trade refuse by the
sanitary authorities," and desire " before proposing any amendment
of the law in this direction .... to hear the views " of those bodies
thereon. Appended to the letter are draft clauses " enabling sanitary
authorities to undertake the duty referred to," and the County
Council desire to be informed " whether such clauses would meet
with the support" of the Council.
The suggested clauses two as follows: —
It shall be the duty of every sanitary authority—
1. (a) To employ a sufficient number of scavengers, or to contract
with any scavengers, whether a company or individuals, for collecting
and removing at proper periods, of which sufficient notice shall hi
all trade refuse of an offensive or noxious nature from any premises
within their district, and also for the due cleansing at proper periods of
all receptacles for storing such offensive or noxious refuse.
(b) Where such refuse is not removed from any premises in the
district at the period so fixed as aforesaid, and the owner or occupier
serves on the sanitary authority a written notice requiring removal of
such refuse, to comply with such notice within 48 hours after that
service, exclusive of Sundays and public holidays.
2. If a sanitary authority fail, without reasonable comply
with this section, they shall be liable to a line not exceeding twenty
pounds.
3. Offensive or noxious trade refuse shall mean all trade refuse in
such a condition as to be, or to be liable to become, offensive or noxious.
If any dispute or difference of opinion arises between the owner or
occupier and the sanitary authority as to what is considered as offensive
or noxious trade refuse, a petty sessional court, on complaint made by
cither party, may by order determine whether the subject matter of
dispute is offensive or noxious trade refuse, and the decision of that
court shall be final.
4. The owner or occupier of any premises from which such refuse