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145
(August 16th) "Whether his attention had been called to the
existence of a nuisance caused to some of the residents in the
Parish of Kensington by the burning of bricks in certain fields
outside that Parish; and whether Her Majesty's Government
would promote or support legislation with a view of making such
nuisance removable by law?" The answer given was that "the
Secretary of State's attention had been called, by a memorial
submitted to him by the Hon. Baronet the Member for South
Kensington, to the existence of the alleged nuisance. Apart
from such remedies as might be open to individuals for injury
to private rights, the abatement of nuisances in the Metropolis
is committed by statute to local authorities, such as Vestries and
District Boards, and the Secretary of State had no power to
initiate proceedings, except where the nuisance complained of
amounted to smoke nuisance within the meaning of the Act
of 1853, or where it was made to appear to the Secretary of
State that the local authorities had failed to proceed actively and
impartially in noticing and suppressing nuisances. No pledge
could be given as to legislation." The Hon. Member for North
Kensington (Sir Roper Lethbridge) at about the same time gave
notice of his intention to introduce a Bill in the present Session
to deal with the nuisance, but at the present time of writing has
not done so.
It may be mentioned that in the course of the brick-burning
season (1889) a brick-maker was summoned at the Marylebone
Police Court, at the instance of the St. Pancras Vestry, for
burning bricks so as to be a nuisance and injurious to health.
In 1888 he had undertaken to discontinue such brick-burning,
and not to burn bricks in future in such a manner, viz., in a
"clamp," as to create a nuisance. Nevertheless the burning
was resumed; but the defendant alleged that by building a brick
wall around the clamp he had converted it into a "kiln." This
statement was disproved to the satisfaction of the magistrate, and
the defendant's counsel having admitted the nuisance, an order
was made to abate the nuisance, and to prohibit its recurrence.