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23
He stated that by the 13th section the 55th and 56th sections of
the Building Act, 1844, were repealed so far as relates to the several
businesses of a soap boiler, tallow melter, slaughterer of cattle, and
other "noxious" businesses; that by section 2, the businesses of a
soap boiler, tallow melter, and knacker, could not be established
anew in the Metropolis, but that all existing businesses might
continue, and that by section 12, an old business would not be
deemed to be established anew unless the premises, on which it is
carried on, are enlarged by more than one-half of their original
extent in area. By section 3, the businesses of fellmonger, tripe
boiler, or slaughterer of cattle, could not be established anew in
the Metropolis without the sanction of the Local Authority, to
wit, the Commissioners of Sewers for the City and the Metropolitan
Board of Works for the rest of the Metropolis, but all existing
businesses may be continued subject to Bye-laws to be framed by
the Local Authority, within four months after the passing of the
Act, and confirmed by the Local Government Board. The Local
Government Board may frame Bye-laws if the Local Authority
fail to do so. No Bye-law can be confirmed or take effect till
after public notice of it, by advertisement, &c., in newspapers.
The contemplated Bye-laws are for regulating the conduct of the
business, and no provision appears to be made to ensure that the
premises are suitably placed or suitably constructed. It is open
to the Vestries, however, to oppose before the Justices the renewal
of the license of any place that they may deem unfit for the
business, viz., under the 93rd section of the Metropolis Management
Act, 1862. Penalties are imposed for any breach of the prohibitory
sections 2 and 3, and for breaches of the Bye-laws; and
offences and penalties under the Bill or any Bye-law may be prosecuted
and recovered before a Court of Summary Jurisdiction, in
manner provided by the Summary Jurisdiction Act, i.e. any
person may prosecute at his own risk, but no public prosecutor is
appointed by the Bill. The Medical Officer of Health further
stated that the effect of the Bill, if passed by the House of Lords,
(for it had gone through all its stages in the Lower House) would
be to perpetuate Tucker's Candle Factory with power to enlarge
the premises to the extent of one-half beyond the existing area ;
and that all the existing Slaughter houses in the Parish would be
continued subject to the renewal of licenses; any new businesses
that the Local Authority might sanction would still require to be
licensed by the Justices. Thus the legislation of 1844 was
repealed, and after 30 years' grace and a full expectation that they
would have to close their premises in 1874, the proprietors of
noxious businesses like soap boilers and tallow melters, found
themselves in posession of a monopoly of trade that would add
materially to their value. The Bill had taken all parties interested
in sanitary affairs entirely by surprise. The outcome of the report