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181
so far as I know, we have no power to deal; but efforts have
been constantly made to minimise cause for complaint by
promoting removal before the substances in question have
become offensive from decomposition.
" When necessary 'to prevent nuisance from these sources,'
proceedings have been taken under the provisions of the Nuisances
Removal Acts for the abatement of nuisance on premises,
the powers being adequate ; but no penalty attaches to the
creation of a nuisance. True, an Order prohibiting the recurrence
of a nuisance may be obtained, and breach of the Order
entails a daily penalty during continuance of the disobedience
—a penalty of no great amount, however, and reducible at the
discretion of the Justices. The machinery, moreover, is
cumbrous, the incident delay tedious and objectionable. The
statutory provisions therefore cannot be deemed ' adequate to
the purpose of preventing nuisance.'
" 'Notice' has been given by your Vestry for the
'periodical removal of manure or other lefuse matter from
mews, stables, and other premises," under section 53 of the
Sanitary Act, 1866, which specifies as the penalty for default
twenty shillings for every day; and were the penalty a fixed
one it would be adequate to enable the Sanitary Authority to
enforce its requirements ; but it is reducible at the discretion of
the Justices, and when proceedings have been taken, either no
penalty has,been inflicted or, usually, so small a penalty as to
have no deterrent effect.
" For breach of the Slaughter House Regulations there is a
fixed penalty of three pounds, and to this fact in large measure
it is due that the Regulations have been so well carried out and
that offences are now so rare. It was the success of the Slaughter
Houses Act, dealing as it does with offensive businesses
which could not be effectively controlled under the Nuisances
Removal Acts, that induced your Vestry, upon my recommendation,
to apply to the Board to declare the business of a
Marine Store Dealer an 'offensive business' under the Act,
under circumstances already referred to at page 175,