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9
I may remark here that though the powers and functions of
Local Boards and Vestries, and also those of their servants, the
Medical Officers of Health and the Inspectors of Nuisances, are
clearly laid down and limited by Act of Parliament, the actual
manner in which the duties are to be performed is nowhere
prescribed; but Local Boards and Vestries are empowered to make
such regulations as they consider necessary or suitable for the
particular district each has under its control. I find that the
Health Department is variously managed in different parts of
London. In a few instances a Chief Inspector or Sanitary
Superintendent is appointed, but usually he is chief only in name,
and the almost universal custom seems to be to consider the
Medical Officer of Health chief of the department, and solely
responsible to the Sanitary Committee for the due performance of
their duties by the Nuisance Inspectors.
It must of course be distinctly understood that the authority
spoken of extends only to the supervision of the manner in
which the officers perform their inspections. The action taken as a
result of these inspections is in all cases entirely in the hands of
the Vestry or Local Board, or of the Committee to which its powers
are delegated. No Medical Officer or Inspector has authority to
serve even a simple notice under the Sanitary Acts without the
sanction of the Sanitary Committee, much less to take legal
proceedings.
In one district, the Strand, where the Surveyor is nominally
Chief Inspector, the Nuisance Inspectors (here designated "SubInspectors")
are under the control of, and are actually appointed
by, the Medical Officer of Health, who also has the power of
discharging them. In Fulham the seven Inspectors are under
the direct authority of the Medical Officer, who has the power to
suspend if he thinks necessary. On the other hand, the Medical
Officer of a very large and influential district, and who is himself
perhaps the most talented and energetic Health Officer in the
Metropolis, tells me that he distinctly disclaims legal authority
over his Inspectors, and that there is no bye-law, directi
on, or
resolution of his Vestry bearing upon the question. He claims no