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57
REFUSE REMOVAL.
In the Annual Report for the year 1894 it was pointed out that the liability
of this authority with regard to the removal of dust was contained in Section
30 of the Public Health (London) Act, 1891 (1) "It shall be the duty of
every Sanitary Authority (a) To secure the due removal at proper periods
of house refuse from premises, and the due cleansing out and emptying at
proper periods of ash-pits, and of earth-closets, privies and cesspools (if any)
in the district, and the giving of sufficient notice of the time appointed for
such removal, cleansing out and emptying, and (b) Where the house refuse is
not removed from any premises in the district at the ordinary period, or any
ash-pit, earth-closet, privy or cesspool in or under any building in the district
is not cleansed out at the ordinary period, and the occupier of the premises
serves on the Authority a written notice requiring the removal of such refuse,
or the cleansing out or emptying of the ash-pit, earth-closet, privy, or
cesspool, as the case may be, to comply with such notice within forty-eight
hours after that service, exclusive of Sundays and public holidays. (2) If a
Sanitary Authority fail, without reasonable cause, to comply with this section,
they shall be liable to a fine not exceeding twenty pounds. (3) If any person
in the employ of the Sanitary Authority, or of any Contractor with the
Sanitary Authority, demands from an occupier or his servant any fee or
gratuity for removing any house refuse from any premises, he shall be liable
to a fine not exceeding twenty shillings. It was pointed out that the ordinary
period mentioned in the above Section 30 (1) (b) is that named in Bye-Law
7 of the Bye-Laws of the London County Council, under Section 16 (2) of the
Public Health (London) Act, 1891, as to the removal and disposal of refuse.
"The Sanitary Authority shall cause to be removed not less frequently than
once in every week the house refuse produced on all premises within their
district." It was also pointed out that the duty of allowing house refuse t.o
be removed every week fell upon the occupier, and the duty is contained in
Section 126 of the Metropolis Local Management Act. "Any occupier of
any house or land, or other person, who refuses or does not permit any soil,
dirt, ashes or filth to be taken away by the scavengers appointed by or
contracting with any Yestry or Board, as aforesaid, who obstructs the said
scavengers in the performance of their duty, shall for every such offence
forfeit and pay a sum not exceeding £5."
On referring to the Public Health (London) Act, 1891, in the 4th Schedule,
amongst the sections of the Metropolis Management Act, 1855, which are
repealed, is included "section 126, as from the coming into operation of any
Bye-Law made for the like object."
It is further provided in the Public Health (London) Act, 1891, Section
142 (4), "Any enactment expressed in the fourth schedule to this Act to be
repealed as from the coming into operation of any Bye-Law made for the
like object, shall, although no such Bye-Law is made, be repealed on the
expiration of twelve months next after the commencement of this Act, or