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171
Your Vestry have given the said notice, and require the
removal of manure from stables three times every week,
namely, on Monday, Wednesday and Friday, or on Tuesday,
Thursday and Saturday. According to my information, the
requirements of the notice would appear to be generally complied
with by the occupiers of the premises where the nuisance
arises to which reference is herein made. In some instances
the Sanitary Committee have, upon my advice, authorised
the service of a notice, in individual cases, requiring a daily
removal of the refuse deposited in the storage receptacle. But
even if this notice were complied with, I am of opinion that,
under existing arrangements, it would not be effectual to
prevent the occurrence of the nuisance, which arises, as before
stated, in the disturbance of the offensive matter in the course
of transfer from the receptacle to the removing vehicle, and in
its transit through the streets.
It need hardly be said that the Sanitary Authority have
power, not merely to serve a notice requiring abatement of a
nuisance, and to call upon the person "by whose act, default,
or sufferance the nuisance arises or continues . . . . to do
such things as may be necessary for that purpose;" but they
"may also, by the same or another notice served" on such
person, "require him to do what is necessary for preventing the
recurrence of the nuisance." They may also, "if they think it
desirable, specify any works to be executed for that purpose,
and may serve that notice notwithstanding that the nuisance
may for the time have been abated, if the Sanitary Authority consider
that it is likely to recur on the same premises." Now,
acting upon my advice, the Sanitary Committee have, on more
than one occasion, called the attention of persons by whose act,
default, or sufferance, this nuisance arises, to a method of
dealing with the refuse which would, I think, materially
mitigate the nuisance, if it did not wholly remove cause for
complaint; viz., by placing the refuse, at once, on removal
from the stable, in the vehicle in which it is to be taken
away from the premises. By so doing, the immediate cause