HC Deb 10 May 1877 vol 234 c620
MR. A. MILLS

asked the President of the Local Government Board, Whether, having regard to the terms of "The Public Health Act, 1875," section 91, it is necessary, when summary proceedings against a nuisance are taken, to show that the nuisance complained of is injurious to health?

MR. SCLATER-BOOTH

By the 91st and following sections of the Public Health Act, 1875, a summary remedy is provided supplementary to the proceedings against a nuisance which may be instituted at Common Law or in Equity, but although the disjunctive word "or" is used in the section—namely, "a nuisance or injurious to health"—the Court have held that looking to the whole scope of the Sanitary Acts, some injury to health must in all cases be proved. It was proposed by the hon. Gentleman when the Public Health Act of 1875 was passing through Parliament to make the disjunctive proposition stronger by prefixing the word "either" to "nuisance," so that the sentence would have run, "either a nuisance or injurious to health," &c.; but the highest legal authorities were of opinion that the same construction as before would, nevertheless, be adopted by the Courts. I am glad to say that the whole subject of noxious trades and vapours is now under the consideration of a Royal Commission, who will probably report within the present Session of Parliament.