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142
The decisions in these two causes are satisfactory so far as
they go, injunctions having been obtained; but although they
hold out hope of success in any similar proceedings, few are the
persons rich enough, as in the Streatham case, or the local
authorities spirited enough, as in the Hampstead case, to incur
the expense and worry of litigation. The nuisance, however,
being unquestionable, and such as may be prevented by the adoption
of a particular method of burning bricks, viz., in kilns, as
contra-distinguished from the "clamp" system, the subject would
seem to be a proper one to be dealt with by legislation. The
Society of Medical Officers of Health did what it could, after the
trial of the above-mentioned actions, by drawing the attention of
the (late) Metropolitan Board of Works to the subject, in a communication
to the effect (1) that there are sufficient reasons for
regulating the trade of brick-making by bye-laws, as other offensive
trades have been regulated, with manifest advantage to the public;
and (2) that, owing to the considerable distance to which the
effluvia of brick-burning travel, and to the fact that many of the
brickfields contributing to the nuisance are outside the Metropolitan
area, legislation should be general, and apply to areas within
a specified distance of centres of population.
The Board, in its final annual report (1888-9), dealing with
"offensive businesses" which do not come within the meaning of
the expression as used in the Slaughter Houses (Metropolis) Act,
1874, observed, that "many offensive trades are still carried on
without restriction, as, for instance, brick-making in
the course of which noxious fumes are given off, causing widespread
nuisance and injury in the neighbourhood of the works."
It is added that "the experience acquired under the Slaughter
Houses Act had led the Board to believe that nuisance-trades
could be carried on with little or no offence if proper regulations
were persistently enforced, and if there were close supervision."
The London County Council would be the proper authority to
promote legislation, with a view to putting some limit to the annoyance
and injury to health inflicted by this crying nuisance, in