Licence: In copyright
Credit: The theory and practice of hygiene : (Notter and Firth). Source: Wellcome Collection.
Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.
50/1080 (page 30)
![Authority to take proceedings, and where the existence of a nuisance within the meaning of the Act is clear. In London.—The powers and duties of the Borough Councils in the capacity of Sanitary Authorities in London, with respect to nuisances under the Public Health (London) Act, 1891, in the main correspond with those relating to nuisances under the Public Health Act, 1875, as explained under England and Wales. But they embody several amendments and extensions of the law which have materially strengthened the hands of the Sanitary Authorities in London in dealing with nuisances. Section 2 of the London Act extends the definition of nuisance, making it include not only that which is injurious to health, but also that which is dangerous to health. It also makes it include any cistern, water-closet, earth-closet, or dung-pit, so foul or in such a state as to be a nuisance or injurious or dangerous to health, and any such absence from premises of water-fittings as is a nuisance by virtue of section 3 of the Metropolis Water Act, 1871. Further, any person may give information to the Sanitary Authority of a nuisance, and it is the duty of every officer of the authority and of the relieving officer so to do, and to give written notice to the persons who may be required to abate it. In giving notice requiring abatement of a nuisance, it is optional to specify the works to be executed ; also, where the persons responsible for causing the nuisance cannot be found, the Sanitary Authority may not only themselves abate the nuisance, but also do what is necessary to prevent its recurrence. In cases of overcrowding, the Sanitary Authority 7nust take proceedings to abate the nuisance. The penalty for wilful nuisance or non- abatement is a fine of £10 for each offence, whether an order to abate it or prohibiting its recurrence is made or not (section 4). Similarly, the maxi- mum fines for failing to comply with an order for the abatement of a nuisance or for acting contrary to a prohibition order are increased from the amounts fixed by the Public Health Act, 1875, to 205. a day and 405. a day respectively during default or contrary action, as the case may be (section 5 (9)). Wilful damage to drains, water-closets, &c., so as to create nuisances, involve a fine not exceeding £5 (section 15). Groundless appeals to Quarter Sessions against nuisance orders are checked by daily fines of 205. (section 6 (3) (4)). The Sanitary Authority, moreover, are required by section 16 of the London Act to make bye-laws for the prevention of nuisances arising from (1) any snow, ice, salt, dust, ashes, rubbish, off a], carrion, fish, filth, or other matter in the street; (2) from any offensive matter running out of any manufactory, brewery, slaughter-house, knackers' yard, butcher's or fishmonger's shop, or dung-hill, into any uncovered place, whether or not surrounded by a wall or fence ; (3) from keeping of animals ; (4) as to the paving of yards and open spaces in connection with dwelling-houses. Under section 6, Local Government Act, 1899, it shall be the duty of each Borough Council to enforce within their borough the bye-laws and regula- tions for the time being in force with respect to dairies and milk, and with respect to slaughter-houses, knackers' yards, and offensive businesses. It is, moreover, the duty of the Sanitary Authority to enforce any bye-laws made, in respect of these matters, by the County Council. As regards the prevention of smoke, section 24 of the Public Health (London) Act, 1891, corresponds closely with section 91 of the Act of 1875 ; but the main provisions against nuisances arising from smoke in the metro- polis are contained in section 23 of the London Act of 1891, which provides that every furnace employed in the working of engines by steam, and](https://iiif.wellcomecollection.org/image/b21982120_0050.jp2/full/800%2C/0/default.jpg)
