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141
The term "trade refuse," now means, the refuse of any
trade, manufacture, or business, or of any building
materials. This must be carefully distinguished from house
refuse. An owner or occupier of premises may require a
Sanitary Authority to remove trade refuse, and they will be
obliged to do so: but this service can only be required on
payment of a reasonable sum, to be settled in case of dispute
by a Petty Sessional Court. The distinction between house
and trade refuse is by no means an easy one, and has in
the past, given rise to a great deal of dispute.
It is in the discretion of Sanitary Authorities to extend
their duties as scavengers to the collection and removal of
manure from any stables or cow-houses within their district,
the occupiers of which signify their consent to such removal.
But this consent must not be withdrawn without a month's
previous notice, and the fact that a Sanitary Authority
have undertaken the removal of manure is not to remove
anybody from their liabilities for allowing dung and other
matters of that kind to be placed on footways or carriage
ways or to cause a nuisance, or be dangerous or injurious
to health.
The Sanitary Authority are required to make By-Laws
(a) for the prevention of nuisances arising from any snow,
ice, salt, dust, ashes, rubbish, offal, carrion, fish, filth, or
other matter or thing in any street, and for other purposes
which do not come under the jurisdiction of the Plant and
Scavenging Committee.
By Section 39 (1) (b) the Vestry is appointed the
Sanitary Authority, but by Sub-Section (3) the purposes
for which a Committee of a Vestry or District Board may
be appointed under the Metropolis Management Act, 1855,