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regulation of these "businesses" expressly forbid collections of
bones, fat, &c., to be kept and exposed on the premises so as to
pollute the air. Such collections should not be allowed to
remain exposed in the neighbourhood of the stores where they
are gathered for the purposes of the scheduled " businesses," and
which are so much more numerous than the " manufactories."
The Board was of opinion that the nuisance brought under its
notice " should be dealt with under the Nuisances Removal Act,"
which it said, truly enough, was "intended to apply to such
cases."- This Act was also intended to apply to the "offensive
businesses" now regulated under the Slaughter-houses Act, in
respect of which the Board is the "Local Authority." In practice,
however, it was found impossible to deal effectually with nuisances
arising in the conduct of those businesses under the general Act,
and so a Special Act was passed. There is difficulty in dealing
with recurring trade nuisances under the Nuisances Removal Act;
but experience has proved it easy to prevent nuisance when
"offensive businesses" are conducted subject to bye-laws with
penalties for offences.
One point has been made clear since the correspondence above
referred to—viz., that the business of a bone and rag merchant is
ejusdem generis with the businesses named in the Slaughterhouses
Act, and those scheduled by the Board since the passing
of that Act. The point was settled in Passey (Appellant) v.
Oxford Local Board (Respondents), Lord Chief Justice Cockburn
and Mr. Justice Lopes having ruled that the business of " bone
and rag merchant" is an "offensive trade," of the same nature
with those specified in Section 112 of the Public Health Act,
1875, which is framed upon the lines of the 3rd Section of the
Slaughter-houses (Metropolis) Act, 1874.
The only businesses coming under the statutory description
"offensive," other than that of a "slaughterer of cattle," carried
on in this parish, are those of tallow melter and fat extractor.
Tallow Melting.—Tucker's Factory, in the High Street, is
the only one in Kensington, and it must be confessed that the