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fact, a noxious and offensive one, and (3) as a matter of law, was
ejusdem generis with the six* trades specified in Section 112, which
corresponds with Section 3 of the Slaughter-houses (Metropolis) Act,
1874, which was an important extension of Section 27 of the Nuisances
Removal Act, 1855. The Justices fined the defendant, whose defence
was that the business was neither noxious nor offensive within the
meaning of the 112th Section of the Statute. Defendant appealed, and
it may suffice to cite the terms of the judgment of Lord Chief Justice
Cockburn (with which Mr. Justice Lopes concurred) in the Queen's
Bench Division, as follows :—
" I think that the conviction was right. The Justices find as
a fact that the business carried-on, on these premises, was a noxious
and offensive one. I agree that that alone is not enough, and that
it is necessary that a business, in order that it may be brought
within Section 112, should be ejusdem generis with those specified
in the Section. Those businesses seem to include animal matter in
some form ; and here there was animal matter with the bones
stored on the premises, and the mere exposure of bones with
animal matter may be very offensive."
' Having regard to the importance of the question, I recommended
in my last report for 1883 (No. 15, page 137), a further reference of
the question to the Law and Parliamentary Committee, with a view to
a further communication being addressed to the Metropolitan Board,
requesting reconsideration of their decision in the light of the above
judgment. The Committee, in their report, recommended "that proceedings
be taken as heretofore under the Nuisances Removal Act, as
occasion may arise ; the Committee not being prepared to advise that
any further steps be taken at present as to the control of such
businesses." The report was adopted by your Vestry and the matter
dropped.
' During the present year the subject was re-opened by the Sanitary
Committee, consequent on the receipt of complaints of offensive smells
emanating from certain marine stores, and your Vestry addressed a
communication to the County Council, urging them to issue an order,
under Section 19 of the Public Health (London) Act, 1891. declaring
the business of a marine store dealer to be an offensive business within
the meaning of the said section. On the 19th November, the Council
replied that " the facts at present within its knowledge would not
justify it in making the order asked for." The Council's letter was
accompanied with an extract from a report of the Public Health Committee.
in which reference is made to the representations made to the
* The trades specified are—blood-boiler, bone-boiler, felhnonger,
soap-boiler, tallow-melter, and tripe boiler.