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146
2. 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 to be considered
as offensive or noxious trade refuse, a petty sessional court,
on complaint made by either 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.
3. The owner or occupier of any premises from which such
refuse is removed shall pay to the Sanitary Authority a reasonable
sum, either by way of annual payment or in respect of each such
removal, and such sum in case of dispute shall be settled by the
order of a petty sessional court.
Complaint was made respecting the nuisance arising from the
removal of fish offal; the communication alleging the complaint was
laid before the Committee.
It was pointed out to the Committee a nuisance must always
arise whilst the offal is being removed in open pails from premises
and is being shot into the receptacle or cart. The nuisance can
only be prevented by having the offal stored in air-tight covered
pails or receptacles, and these pails or receptacles removed from
premises and placed on a trolley without their covers Being
disturbed.
No doubt if the strict letter of the London County Council bylaw
be enforced some such mode of removal could be made compulsorily.
The by-law states:—
"Every person who shall convey any house, trade or street
"refuse across or along any footway, pavement or carriageway
"shall use a suitable receptacle, cart, carriage or other means of
"conveyance properly constructed so as to prevent the escape
"of the contents thereof, and in case of offensive refuse so
"covered as to prevent any nuisance therefrom. . . ''