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115
Effluvium Nuisance.—If any premises used for any business causing effluvia
is certified to the Sanitary Authority by their Medical Officer of Health to be a
nuisance, &c., complaint must be made, and if the Petty Sessional Court are satisfied
that the business is a nuisance, or causes any effluvium which is a nuisance or
injurious or dangerous to the health of any inhabitants of the district, liability to a
fine of fifty pounds is incurred, unless the best practicable means have been adopted
for abating the nuisance or preventing or counteracting the effluvia. The Sanitary
Authority may on the certificate proceed in the High Court against the offender;
and may also take proceedings in respect of premises situate without their district.
Section 115 of the Public Health Act, 1875, in relation to this matter, continues to
extend to London (section 21).
Removal of Refuse.—Section 22 makes provision as to nuisance created by the
Sanitary Authority in dealing with (house or street) refuse, the removal of which by
the said Authority is deemed to be a "business" within the meaning of section 21, in
relation to which a "complaint" and proceedings may bemadeand taken by the County
Council, as if the Council were a Sanitary Authority. Premises used by the Sanitary
Authority for the treatment or disposal of such refuse, as distinct from the removal
thereof, which are a nuisance, &c., are a nuisance liable to be dealt with summarily,
and which may be dealt with by the Council as if they were a Sanitary Authority.
Section 29 defines the duty of the Sanitary Authority in regard to the cleansing of
streets, including footways (snow being included in the expression "street refuse ")
a fine not exceeding twenty pounds being the penalty for default in compliance with
the provisions of the section. The following section (30) deals with the removal of
house refuse, &c. "at proper periods if the refuse is not removed "at the ordinary
period "(presumably seven days is the maximum period—see section 34), and the
Sanitary Authority fail to comply with a written notice served on them by the
occupier requiring the removal of the refuse within 48 hours, they become liable to
a fine not exceeding twenty pounds, unless reasonable cause can be shown for their
failure. "Demand" of a fee or gratuity by the dustman for removing refuse, renders
him liable to a fine not exceeding twenty shillings.
Trade Refuse is dealt with in section 33: the old practical difficulty will
continue as to what is trade refuse; but the definition of the expression is unaltered.
Removal0) Manure, Filth, &c.—Section 35 deals with the removal of accumulations
of obnoxious matter—manure, filth, &c., the Sanitary Inspector being empowered,
by notice on the owner thereof, or the occupier of the premises on which
it exists, to require removal thereof. If the notice is not compiled with within 48
hours, the matter becomes the property of the Vestry, and may be removed and
disposed of by them, and the expenses incurred may be recovered in a summary
manner. Section 36 authorises the Sanitary Authority (by implication, at their
own cost), to collect and remove such matters, with the consent in writing of the
owner, &c. It also enables them as heretofore to give public or other notice for
the periodical removal of manure, refuse, &c., and persons failing to comply with
the notice are liable to a fine not exceeding twenty shillings a day during default,