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132
Report of the Medical Officer of Health.
(50 from Clapham, 172 from Putney, 123 from Streatham, 60 from
Tooting, and 95 from Wandsworth), were received during the year.
These complaints were forwarded to the Surveyor's department
and at once attended to by the Dusting Inspectors.
Removal of House Refuse.
In my Report for 1904 it was stated that a special Joint Committee
of the Highways and Public Health Committees recommended
to the Council that a daily system of removal of house refuse should be
adopted in certain specified areas and that the Council had adopted the
recommendation. The necessary notices were served on each occupier
and the system of daily collection was commenced on the 2nd
January.
As stated in the Council's Report for 1904-5 the system adopted
met with some opposition in Putney, and a summons was taken out
against the Council under Section 30 of the Public Health (London)
Act, 1891, for failing to remove the refuse without reasonable cause.
This was heard at the South Western Police Court when the
Magistrate decided against the Council.
Against this decision the Council appealed, but the appeal was
dismissed.
The Lord Chief Justice, in delivering judgment said that:—
" The case was of considerable importance, but he was of opinion
that the decision of the magistrate was right, although he did not
agree with some of the reasons given by the learned magistrate. It
must be taken as a fact that the respondent had a reasonably
accessible position on his premises from which the sanitary authority
could have removed the refuse, and that he was willing to place it
there. The appellants, however, relied upon the exercise of their
discretion, and said that they had a right to have, and would have,
the refuse, as against this particular occupier, placed upon the kerbstone.
He desired to point out that the local authority had gone
considerably beyond the by-law if it was to be construed as contended
for by Mr. Avory. He agreed that a question might arise whether,