View report page

140
employ a sufficient number of scavengers to enable them to
do all that is necessary for the removal of house and street
refuse, and for the proper cleansing out of closets and
privies. House refuse must be removed gratuitously, and
the demand of any fee for work of this kind by any
employe of a Sanitary Authority, or of any contractor with
a Sanitary Authority, renders the person so offending, liable
to a fine not exceeding 20s.
Only the Sanitary Authority, their contractors or
servants, are authorised to collect or carry away house
or street refuse. This refuse is the property of the Sanitary
Authority.
If the Sanitary Authority make default to remove house
refuse for seven days after the proper time for doing so, the
occupier of premises may give away or sell his house refuse
at discretion, in all other cases, the person receiving,
'carrying away, or collecting house or street refuse, is liable
to a fine not exceeding £5.
In connection with the subject of the removal of house
refuse, it is important to note the case of the Vestry of St.
Martins v. Gordon (The Metropole case) by which clinkers
produced in the furnace of boilers of a steam engine used
to drive dynamos for the purpose of lighting an hotel with
electric light, were held not to be trade refuse. The
expression, "house refuse," now means, ashes, cinders,
breeze, rubbish, night soil and filth, but does not include
trade refuse. The right of the Sanitary Authority to
collect will only arise where the owner has no use for the
articles except as rubbish. If he can put them to any use,
either where they are produced,or on other premises, he
may do so without becoming liable to any penalty.