London's Pulse: Medical Officer of Health reports 1848-1972

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Kensington 1887

[Report of the Medical Officer of Health for Kensington]

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213
more important duties. On some days the Inspectors had to
traverse large portions of their extensive districts to call upon
tradesmen whose " refuse " the dustmen had refused to remove;
and to little purpose, seeing that in the majority of instances the
persons waited upon declined to pay for the removal of the
refuse. In exceptional instances, when arrangements for payment
had been made, Inspector Gaylard was taken away from
his duties, which lie in the North-West District, to collect the
agreed sums, quite insignificant in total amount.
The subject is important, and was deserving of the attention
which your Vestry and the Committee bestowed upon it; for in
the interest of public health, it is eminently desirable that the
Sanitary Authority should undertake the removal of " refuse "
matters ; especially such, of animal or vegetable origin, as may
become, if kept too long on the premises, injurious to health;
the refuse, for example, of the trades of fishmonger, poulterer,
greengrocer, etc. It is the fact, however, that the Sanitary
Authority has no statutory power to remove trade refuse save
by arrangement with the producer. The law on the subject is
contained in the Metropolis Management Act, sec. 128, and
reads as follows:—
" In case any scavenger be required by the owner or occupier of any
house or land to remove the refuse of any trade, manufacture, or
business, or of any building materials, such owner or occupier shall
pay to the scavenger a reasonable sum for such removal, such sum,
in case of dispute, to be settled by two Justices."
The following (129th) section provides for the settlement
by two Justices of any dispute as to what should be considered
" refuse," in case of difference of opinion between the owner or
occupier of any house and the scavenger—an important point.
It has been held, for instance, that ashes from coals burned in the
furnace of a steam engine for sawing wood are " refuse of trade,
manufacture, or business." In another case it was decided that
the Vestry is bound to remove whatever it would be mischievous
and injurious to health to retain on the premises, but not to