HC Deb 22 July 1897 vol 51 cc787-90

For the purposes of this Act,—

  1. (1.) Any premises or part thereof in such a state as to be a nuisance or injurious or dangerous to health:
  2. (2.) Any street, pool, ditch, gutter, watercourse, sink, cistern, watercloset, earth-closet, privy, urinal, cesspool, drain, dung-pit, or ash-pit so foul or in such a state or so situated as to be a nuisance or injurious or dangerous to health:
  3. (3.) Any well or water supply injurious or dangerous to health:
  4. (4.) Any stable, byre, or other building in which any animal or animals are kept in such a manner or in such numbers as to be a nuisance or injurious or dangerous to health:
  5. (5.) Any accumulation or deposit, including any deposit of mineral refuse, which is a nuisance or injurious or dangerous to health, or any deposit of offensive matter, refuse, or offal, or manure (other than farmyard manure or manure from byres or stables), within fifty yards of any public road wherever situated, or any offensive matter, refuse, or offal, or manure contained in uncovered trucks or waggons standing or being at any station or siding or elsewhere on a railway so as to be a nuisance or injurious or dangerous to health:
  6. (6.) Any work, manufactory, trade, or business, so conducted as to be injurious or dangerous to health, or any collection of rags or bones injurious or dangerous to health:
  7. (7.) Any house or part of a house so overcrowded as to be injurious or dangerous to the health of the inmates:
  8. (8.) Any schoolhouse, or any factory which is not a factory subject to the provisions of the Factory and Workshop Acts 1878 to 1895, or any Act amending the same, with respect to cleanliness, ventilation, or overcrowding, and
    1. (i) is not kept in a cleanly state and free from effluvia arising from any drain, 788 privy, watercloset, earth-closet, urinal, or other nuisance, or
    2. (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
    3. (iii) is so overcrowded while work is carried on as to be injurious or dangerous to the health of those therein employed:
  9. (9.) Any fireplace or furnace, which does not so far as practicable consume the smoke arising from the combustible used therein, for working engines by steam, or in any mill, factory, dye-house, brewery, bakehouse, or gaswork, or in any manufacturing or trade process whatsoever:
  10. (10.) Any chimney (not being the chimney of a private dwelling-house) sending forth smoke in such quantity as to be a nuisance or injurious or dangerous to health; and
  11. (11.) Any churchyard, cemetery, or place of sepulture so situated or so crowded or otherwise so conducted as to be offensive or injurious or dangerous to health, shall be deemed to be nuisances liable to be dealt with summarily in manner provided by this Act: Provided that—
    1. (a) a penalty shall not be imposed as hereinafter provided on any person in respect of any accumulation or deposit necessary for the effectual carrying on of any business, trade, or manufacture if it be proved to the satisfaction of the court that the accumulation or deposit has not been kept longer than is necessary for the purposes of the business, trade, or manufacture, and that the best available means have been taken for preventing injury or danger thereby to the public health; and
    2. (b) in considering whether any dwelling-house or part thereof which is also used as a factory, or whether any factory, used also as a dwelling-house, is a nuisance by reason of overcrowding, the court shall have regard to the circumstances of such other use.

Amendment made: In Sub-section (1), after "thereof," insert "of such a construction or."—[Lord Advocate.)

SIR T. GIBSON-CARMICHAEL

moved in Sub-section (5), after "refuse," to insert "other than spent hops from breweries." The hon. Member said there was a unanimous feeling in Scotland in favour of the Amendment.

SIR LEWIS E. McIVER (Edinburgh, N.)

said that in Committee the Amendment was more than approved of on both sides of the House.

*THE LORD ADVOCATE

said he would accept the Amendment, as he had received many representations that spent hops should be placed in the same category as farm-yard manure.

Amendments made: In Sub-section (5), after "manure," to insert the words "or spent hop manure"; after the words last added to insert "other than aforesaid."—(Mr. Caldwell.)

MR. CALDWELL

moved, in Sub-section (5), to leave out "uncovered." He could not see the force of exempting from prosecution anything that was a nuisance injurious to health merely because it was in a covered truck. A nuisance was a nuisance whether in a covered truck or an uncovered.

*THE LORD ADVOCATE

said the hon. Member took a rather different view from himself of the phraseology of the clause— manure contained in uncovered trucks or waggons standing or being at a station or siding or elsewhere so as to be a nuisance dangerous to health. It was obvious that offensive material contained in uncovered trucks was much more likely to be injurious to health than if contained in covered trucks. He should be happy, however, to consider the point with the hon. Member if he did not press the Amendment now.

Amendment, by leave, withdrawn.

*THE LORD ADVOCATE

, who had given notice of the following Amendment:— In Sub-section (5), after "railway "insert "or in any uncovered vessel on a canal," said he would withdraw it in favour of one by the hon. Member for Midlothian.

Amendment made: In Sub-section (5), after "railway," insert "or in canal boats."—(Sir T. D. Gibson-Carmichael.)

MR. CALDWELL

moved, in Sub-section (6), to leave out from the beginning to the words "any collection." On reference to Clause (36), it would be found that they had taken out of the Public Health (London) Bill a clause which dealt exactly with the same thing. He moved in order to avoid duplication.

*THE LORD ADVOCATE

said he hoped the hon. Member would not press the Amendment.

Amendment, by leave, withdrawn.

MR. CALDWELL

moved, after "business," to insert, "injurious to the health of the neighbourhood or."

*THE LORD ADVOCATE

I accept that.

Amendment agreed to.

MR. CALDWELL

moved, in Sub-section (9), after "furnace," to insert "situated within the limits of any burgh or special scavenging district." The clause related to the enforcement of the use of the most modern means of consuming smoke. The object of his Amendment was to prevent this provision being worked so as to be oppressive in its operation as it would be if applied to country districts. It was an entirely new thing to extend this power beyond the burghs, and he thought they ought not to apply it to purely country districts.["Hear, hear!"]

*THE LORD ADVOCATE

said he was bound to support the Committee, but ho would rather the House decided whether the provision should be limited to the burgh districts or applied to country districts as well.

THE EARL or DALKEITH (Roxburgh)

hoped the House would give favourable consideration to the proposal. If these powers were applied to country districts they might be very much abused. He believed he was right he was saying that one or two hon. Members who had voted against the proposal in Committee had since changed their minds. ["Hear, hear!"]

Amendment agreed to.

MR. CALDWELL

moved, in Sub-section (9), after "combustible," to insert "matter."

Clause 18,—