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Nuisance from stable manure.
The need for some better system which will ensure the prompt removal of stable manure
from London has long been evident. The powers which sanitary authorities possess for this
purpose are contained in sections 35 and 36 of the Public Health (London) Act. Section 36 (2)
provides that notice may be given by a sanitary authority (by public announcement in the district
or otherwise) requiring the periodical removal of manure or other refuse matter from stables,
cow-houses, or other premises, and neglect to comply with the notice renders the offending person
liable to penalty. Section 36 (1) empowers a sanitary authority to remove manure when the
owners give their consent in writing, but gives the sanitary authority no power to charge for the
removal. Section 35 (1) provides that when it appears to a sanitary inspector that any accumulation
of any obnoxious matter ought to be removed, and it is not the duty of the sanitary authority
to remove it, he shall serve notice on the owner requiring him to remove the same within 48 hours,
after which, if not removed, it becomes the property of the sanitary authority, who may remove
and dispose of it, and charge the owner with the costs of removal. The increasing difficulty which
owners of manure experience in effecting its removal points to the need of this work being undertaken
more largely by sanitary authorities, with power to charge the owners with the cost of
removal, and without the need of serving notices in respect of each particular accumulation for
which charge can be made. This subject engaged the attention of the Public Health Committee, and
in March the Committee presented the following report to the Council. Inasmuch, however, as the
Parliamentary Committee reported that the alteration of the law proposed by the Committee would
necessitate the introduction of a separate public bill, it was decided to postpone further action in
the matter until other proposed amendments of the Public Health Act were under consideration.
We have from time to time had before us complaints received by the Council of nuisance arising
from accumulations of manure at various premises in London. Section 36 (2) of the Public Health
(London) Act, 1891, empowers a sanitary authority, by public announcement in the district or otherwise,
to require the periodical removal of manure, and any person failing to comply with the notice is liable
to a daily penalty during non-compliance. This provision necessitates proceedings before a magistrate,
which would probably only in practice be made where there is more than one or two days' delay in
effecting the removal and when this neglect is frequent. The fact that the owner of the manure is
usually dependent upon some other person for his ability to comply with the requirement, and that
he has done his best to arrange for the removal is calculated to prevent the institution of police-court
proceedings against him. The owner of the manure has in fact often to rely upon the need by some
one else of the manure for his own purposes, and this need is not constant throughout the year.
Just as in the case of removal of house refuse, when effected by contractors, the greatest difficulties
occurred when there was no demand for its use in brickmaking, so in the case of stable manure the
owner finds difficulty in securing its removal when it is not required for the land. Further, the removal
of manure is frequently in the hands of market gardeners, and we have received complaints that some
convey it outside London in carts used for bringing into London vegetables and fruit intended for human
consumption—a distinctly objectionable practice.
Section 35 provides that, when a sanitary inspector is of opinion that any accumulation of manure
ought to be removed, he may serve notice on the owner of the manure or occupier of the premises on
which it exists, requiring him to remove the same, and if the manure is not removed within 48 hours,
exclusive of Sundays, it becomes the property of the sanitary authority, who may claim from the owner
of the manure lor the occupier or owner of the premises their expenses incurred in its removal and
disposal.
Under this section, therefore, there may be 48 or, including Sundays, 72 hours' delay before the
sanitary authority may claim the right to remove the manure themselves.
Section 36 (1) undoubtedly suggests the remedy by empowering the sanitary authority to employ
their own scavengers or contract with scavengers for the removal of the manure belonging to persons
who agree to have this done by the authority. The solicitor has, however, advised us that the sanitary
authorities have not the power to charge for this service, though they have power under section 33 to
charge for the removal of trade refute when called upon by the owner or occupier of any premises to
remove it. We have accordingly thought it well to address a circular letter to these authorities
inquiring whether they consider it desirable that an amendment of the law should be sought which
would give them power to charge for the removal of manure, similar to the power which they now
possess with regard to the removal of trade refuse. From the replies received it appears that thirty
authorities are in favour of the suggested amendment of the law, four authorities do not consider
that any alteration of the existing law is nece»sary, two authorities have decided to take no action
in the matter, and one authority has no difficulty in obtaining the removal of manure. The remaining
five authorities have not replied. The opinion of the large majority is therefore distinctly in favour of
the suggestion, and we think the Council would do well to seek an amendment of the law in the direction
indicated. We accordingly recommend—
That the Parliamentary Committee be instructed to insert a clause in one of the Council's bills,
or otherwise to take such steps as may be necessary, with a view to obtaining such an amendment
of the law as will give the London sanitary authorities power to charge for the removal of manure
when required by the owner or occupier of any premises to remove it, similar to the power which
they now possess under section 33 of the Public Health (London) Act, 1891, in respect of trade
refuse.
Nuisance arising from the removal of peat-moss litter from stables was also under the consideration
of the Public Health Committee, and London sanitary authorities were communicated
with on the question of the amendment of the Council's by-law relating to the removal of offensive
matter so as to prevent nuisance from this cause. The large majority of the replies received
showed that the nuisances which peat-moss litter caused in removal necessitated the conditions of
removal being made subject to the by-law.
Nuisance arising from stable manure is discussed in many of the reports of medical officers
of health, the medical officers of Hampstead and Stoke Newington expressing the opinion that if
peat-moss litter were placed directly from the stables into the vehicles in which it is to be removed,
the nuisance which arises at the time of its removal after temporary deposit in stable yards would
be obviated. The medical officer of health of Kensington states that, as the result of the action of
the vestry in enforcing the Council's by-law as to receptacles for dung, "complaints in respect of
private premises are now few in number." With respect to nuisance within stables, the medical