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trade within section 19 of the Act. It has been held, moreover,
that if the effluvia amount to a nuisance, in the sense of causing
annoyance and discomfort, it is sufficient to bring the trade
within the section without proving also that there is injury to
health.* It would appear certain therefore, that the section
will apply to the trade or process of brick-making which
includes brick-burning, It will be observed that it is imperative
upon the sanitary to proceed upon the medical certificate:
they have no discretion in the matter. If they refuse or fail
to make the complaint, the County Council may do so under
Section 100, or proceedings may be taken against the Sanitary
Authority under Section 101. The Sanitary Authority "may,
if they think fit," on the medical certificate, "cause to be
taken any proceedings in the High Court" (rather than in a
petty sessional court) "against any person in respect of the
matters alleged in such certificate" (sub-section 3).† And,
what is of crucial importance to us in this parish, " the Sanitary
Authority may take proceedings under this section in
respect of a manufactory, building, or premises situate without
their district; so, however, that the summary proceedings shall
be had before a court having jurisdiction in the district where
the manufactory, building, or premises are situate." (subsection
4).
AN EFFLUVIUM NUISANCE.
During the autumn of 1891 numerous complaints were
received by me, from persons residing in various parts of
North Kensington, between the Great Western Railway and
Notting Hill High Street, with respect to offensive smells
emanating from the street gullys and sewer ventilators
* This 21st section is taken from sections 27 and 30 of the repealed Nuisances
Removal Act 1885 and section 18 of the Sanitary Act, 1866.
† Proceedings in the High Court may be taken if, as in this case it would
probably be held, that "summary proceadings would afford an inadequate remedy."
The power to go to the High Court would be exercised, presumably, when it was
considered necessary to apply for an injunction. Vide section 13.