Sanitary laws of Scotland and principles of public health : being a manual for county and burgh councillors, legal officials, medical officers of health, sanitary inspectors and all interested in public health / by W.J. Brock.
- Date:
- 1905
Licence: In copyright
Credit: Sanitary laws of Scotland and principles of public health : being a manual for county and burgh councillors, legal officials, medical officers of health, sanitary inspectors and all interested in public health / by W.J. Brock. 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.
29/506 (page 13)
![(ii) is not ventilated in such a manner as to render harmless so far as practicable any gases, vapours, dust, or other impurities generated in the course of the work carried on therein that are a nuisance * or injurious or dangerous to health, or - (iii) is so overcrowded while work is carried on as to be injurious or dangerous to the health of those therein employed: (9) Any fireplace or furnace situated within the limits of any burgh or special scavenging district which does not so far as practicable consimie the smoke arising from the combustible matter used therein, for working engines by steam, or in any mill, factory, dye-house, brewery, bakehouse, or gaswork, or in any manufactur- ing or trade process whatsoever : [159] (10) Any chimney (not being the chimney of a private dwelliiig-house) sending forth smoke in such quantity as to be a nuisance * or injurious or dangerous to health; and (11) Any churchyard, cemetery, or place of sepulture ^ so situated or so crowded or otherwise so conducted as to be oifensive or injurious or dangerous to health ; [25j shall be deemed to be nuisances * liable to be dealt with summarily in manner provided by this Act.- Provided that— * I', definition, § 16, and Note by Messrs Macdongall and Murray, p. 11. 1 f. § 22, post; also § 146 (2), the latter giving powers for iirocedure under § 4, Burial Grounds (Scotland) Act, 1S55, p. 287. V. §§ 20-26 and 154-157, posJ. The following valuable summary of procedure under this section is given by Messrs MaodougaU and Murray in a Note at page 37 of their Handbook of Public Health :— The history of an ordinary case may be thus summarised. As soon as information of the exist- ence of a nuisance is received, the S. I. or other officer authorised by the L. A. —S 19—forthwith sends intimation to the author of it. If the nuisance is not removed, the next step is to serve on the author a notice requiring him to remove it, and to execute such works and do such things as may be Decessary for that purpose—sec. 20. Under the 1867 Act this was not a statutory requirement, although it was the usual practice. It is now imperative, and appears to be an indispensable step in the proceedings. If the L.A. think it desirable (but not otherwise^ the notice may specify the works to be executed. A formal certificate of the service of the notice should in each case be prepared and attested by a witness—sec. 159. If the nuisance is not removed within the time specified in the notice, or, if removed, is likely to recur, the L.A. apply to the sherifl' by summary petition—sees. 21 and 22. Any person may be appointed by the L.A. to conduct the proceedings on their behalf—sees. 14 and 152 ; but prose- cutions are usually at the instance of the S.I. or the clerk under the instructions of the L.A. The proceedings must be directed against the author of the nuisance, or, when the author cannot be found, against the owner or occupier of the premises. Where the nuisance arifes from any want or defect of a structural character, or where tlie premises are unoccupied, the owner is the person liable—sec. 20 (3) (a). Where the person causing the nuisance cannot be found, and the nuisance is not duo to the fault of the owner or occupier, the L.A. may themselves remove it,](https://iiif.wellcomecollection.org/image/b21973696_0029.jp2/full/800%2C/0/default.jpg)
