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188
" Conveyance of Offensive Substances theough Streets.
" Sir,
" In reply to your circular letter, dated 11th ult., I am directed by the
Vestry of Kensington to state for the information of the Special Purposes and
Sanitary Committee of the Metropolitan Board of Works :—
"1. That nuisance is experienced in this Parish in the storage, and in
the collection of offensive material, and in its conveyance through the streets.
The nuisance is due to stench, and is co-extensive with the trades, &c., which
give rise to the production of refuse of an offensive nature. Commonly, moreover,
the nuisance is aggravated by the objectionable character and condition
of the vehicles used for conveying the offensive material.
" 2. That the Vestry have taken steps for preventing nuisance in the
storage of offensive material by instructing their Inspectors of Nuisances to
visit regularly the premises where ' offensive trades' are carried on, with the
result of ameliorating the nuisance by promoting, as far as practicable,
regularity in the removal of the refuse ; and on some occasions proceedings
have been taken for the abatement of nuisances arising from delay in the
removal of offensive material. The Vestry have not taken steps for preventing
nuisance in the collection and conveyance through Streets of offensive material
other than as above stated.
" 3. That the Vestry have proceeded in the cases indicated, under the
Nuisances Removal Acts, the Sanitary Act, 1866, and the Slaughterhouses
(Metropolis) Act, 1874. The Vestry do not consider the provisions of the
Nuisances Removal Acts adequate to the purpose of preventing nuisance.
There is no penalty for the offence of committing a nuisance, and it is not
always easy to satisfy the Justices of the reality of the nuisance. The
proceedings, moreover, entail delay, and any conviction is subject to appeal to
Quarter Sessions. As regards proceedings under the Sanitary Act, 1866,
which have been taken to enforce penalities for failure to comply with the
Vestry's Notice, 1 for the periodical removal of manure or other refuse matter
from Mews, Stables, or other premises,' the Vestry's efforts have been to a
large extent nugatory owing to the reluctance of the Justices to inflict adequate
penalties for default ; and also owing to the fact that the Vestry have
no power to remove such refuse matter at the cost of the Owner thereof, nor
without his consent.
" The provisions of the Slaughterhouses (Metropolis) Act, 1874, under
which the dealing with offensive material of certain trades is regulated
by Bye-laws, are adequate, so far as they go, to the purpose of preventing
nuisance.
" I am to add that the success of the Board's Regulations made under
the provisions of this Act, suggests to the Vestry the course most likely to
succeed in preventing nuisance in connection with the storage, the collection
and the conveyance of offensive material through streets, viz.: by the creation
of Bye-laws to regulate in these respects, the Trades, &c., which involve the
production of refuse of an offensive character.