§ (1.) Where it appears to the local authority upon a certificate by their medical officer, or from a representation by a parish council, or on a requisition in writing under the hands of any ten ratepayers within the district that any trade, business, process, or manufacture carried on in any manufactory, building, or premises, and causing effluvia is a nuisance or injurious or dangerous to the health of any of the inhabitants of the district, such authority may, if they think proper, and, if required by the Board shall apply to the sheriff by summary petition, and if it appears to such sheriff that any trade, business, process, or manufacture carried on in such manufactory, building, or premises is causing a nuisance, or any effluvia which is a nuisance or injurious or dangerous to the health of any of the inhabitants within the district, then, unless it is shown that the best practicable means have been used for removing the nuisance, or preventing or counteracting the effluvia, the author of the nuisance, and failing him the occupier and failing him the owner of the premises, shall be liable to a penalty not exceeding fifty pounds.
§ (2.) Provided that the court may suspend its final determination on condition that the person so offending undertakes to adopt, within a reasonable time, such means as the court may deem practicable, and may order to be carried into effect, for removing the nuisance, or mitigating or preventing the injurious or dangerous effects of the effluvia.
§ (3.) The local authority may, if they think fit, on such certificate as is in this section mentioned, cause proceedings to be taken in the Court of Session against any person in respect of the matters alleged in such certificate.
§ (4.) The local authority may take proceedings under this section in respect of a manufactory, building, or premises situate without their district, so, however, that the summary proceedings shall be had before a sheriff having jurisdiction in the district where the manufactory, building, or premises are situate.
THE EARL OF CAMPERDOWN
moved to omit the words in Sub-section (1) "upon a certificate by their medical officer or from a representation," and to insert "or when it is represented to the local authority." His object was to strike out the reference to a medical officer. The words "or sanitary inspector" were originally in the clause, but were struck out. For some reason unknown to him the medical officers wished to establish for themselves an independent position, or at all events a superior position to that of the sanitary inspector under the Public Health Acts of Scotland. It seemed to him, 184 however, that both the medical officer and the sanitary inspector were merely officials of the local authority, and that it was their duty to carry out any instructions which might be given to them. He thought the local authority should be permitted to obtain the knowledge that these trades were objectionable in any way they saw fit.
thought the clause would be better as it stood. When they were going to stop an offensive trade they ought to proceed with greater circumspection than in the case of an ordinary nuisance. This was part of the arrangement which had been come to after a great deal of discussion in the other House, and although he could not say that it was a matter of first class importance he should prefer the clause as it stood.
THE EARL OF GALLOWAY
said he knew what difficulties there had been between the sanitary inspectors and the medical officers, but after what had been said by the noble Lord he would rather advise his noble Friend to withdraw his Amendment.
THE EARL OF CAMPERDOWN
said he would not press the Amendment, but he could not see any reason for fettering the action of the local authority.
§ Amendment, by leave, withdrawn.
§ Clauses 36 to 42 inclusive ordered to stand part of the Bill.
§ Clause 43,—