“Item, it was shewed by a petition put to the king, our said sovereign

lord, in the said Parliament, by his subjects and parishioners of the

parish of St. Faith’s and St. Gregory’s in London, near adjoining unto

the cathedral church of St. Paul’s, that whereas great concourse of

people as well of his royal person as of other great lords and states

with other his true subjects, oftentimes was had unto the said

cathedral church, and that for the most part throughout the parishes

aforesaid the which oftentimes been greatly annoyed and distempered by

corrupt airs engendered in the said parishes, by occasion of blood and

other foulis things by reason of the slaughter of beasts and scalding

of swine, had and done in the butchery of St. Nicholas’s flesh

shambles, whose corruption and foul ordure by violence of unclean,

corrupt, and putrefied waters is borne down through the said parishes,

&c., complaint whereof at many and divers seasons also by the space of

sixteen years continually, as well by canons and petty canons of the

said cathedral church, landlords there, as also by many other of the

king’s subjects, of right honest behaviour, hath been made unto divers

mayors and aldermen of the City of London and no remedy had ne found;

that it may please our said sovereign lord of his abundant grace, to

provide for the conservation as well of his most royal person, as to

succour his poor subjects and suppliants in this behalf, considering

that in few noble cities and towns, or none within Christendon,

whereat travelling men have laboured, the common slaughter-house of

beasts should be kept in any special part within the walls of the

same, lest it might engender sickness unto the destruction of the

people.”

Therefore it is enacted that butchers shall not slay beasts within the

walls of London; and that this law be observed in every walled town

“except Berwick and Carlisle.”

The courts, however, have always had regard to the convenience of trade:

thus it was held,—

“Si homme fait candells deins un vill, per qui il cause un noysom sent

al inhabitants, uncore ceo nest ascun nusans car le _needfulness_ de

eux dispensera ove le noisomness del _smell_.” (2 Roll’s Abr. 139.)

But this decision has been doubted, “Because,” says Serjeant Hawkins,

Pl. Cor. 190, c. 75, “whatever necessity there may be that candles be

made, it cannot be pretended to be necessary to make them in a town, and

that the trade of a brewer is as necessary as that of a chandler; and

yet it seems to be agreed that a brewhouse erected in such an

inconvenient place where the business cannot be carried on without

incommoding greatly the neighbourhood may be indicted as a common

nuisance. A presentment was made to a Leet for erecting a glass-house;

and Twisden, J., said he had known an information adjudged against one

for erecting a brewhouse near Serjeants’ Inn; but it was insisted that a

man ought not to be punished for erecting anything necessary for the

exercise of his lawful trade; and it being answered that it ought to be

in convenient places where it may not be a nuisance, the other justices

doubted, and agreed that it was unlawful only to erect such things near

the King’s palace.” Vent. 26, Pasch. 21, Car. 2. Recently, however, when

some architects and medical gentlemen went to the top of Buckingham

Palace to examine it preparatory to its occupation by Her Majesty, they

were assailed by a cloud of smoke from the chimney of the furnace of a

neighbouring brewery; and the nuisance remains to the present time in

full force, notwithstanding the statutory provisions against it.

Where the defendant in his business as a printer employed a

steam-engine, which produced a continued noise and vibration in the

plaintiff’s apartment which adjoined the premises of the defendant, this

was held to be a nuisance. The Duke of Northumberland _v._ Clowes, C.

P., at Westminster, A.D., 1824.

The earlier sanitary regulations were frequently set forth in the

provisions of the local Acts for the regulation of the streets. From the

early street regulations of the city of London, we find that the purity

of the river and of the contributary streams was zealously regarded; the

ward inquests were specially charged to inquire:—

“If any manner of person cast or lay dung, ordure, rubbish, sea-coal

dust, rushes, or any other noiant, in the river of Thames, Walbrook,

Fleet, or other ditches of this city, or in the open streets, ways, or

lanes within this city.

“Also, if any person in or after a great rain falleth, or at any other

time, sweep any dung, ordure, rubbish, rushes, sea-coal dust, or any

other thing noiant down into the channel of any street or lane,

whereby the common course there is let, and the same things noiant

driven down into the said water of Thames.”

But when it is considered how few of the streets were paved, or sewered,

or drained, the following regulation indicates what must have been their

condition and the habits of the inhabitants:—

“No man shall cast any urine-boles or ordure-boles into the street by

day or night, afore the hour of nine in the night: and also he shall

not cast it out, but bring it down, and lay it in the channel, under

the pain of three shillings and four-pence; and if he do cast it upon

any person’s head, the party to have a lawful recompense, if he have

hurt thereby.”

The state in which the streets were under such regulations is indicated

in the proclamations issued at the time of the Plague, 1569, to “warne

all inhabitants against their houses to keep channels clear from filth,

(by onlie turning yt) aside, that the water may have passage.”

The prominent provisions of the modern Sewers’ and Street Acts are those

which contain penalties against the most effectual means of

street-cleansing,—that by discharging the street refuse through the

sewers; but whilst the local legislation was deficient in principle in

the main provisions, it is distinguished by a multitude of particular

provisions against nuisances and obstructions, which would argue the

most extensive foresight. The nature of the provisions habitually

resorted to are illustrated in the statute of 4th Geo. IV. c. 50, s. l,

for building the new London Bridge.[42]

“Every man may abate a common nuisance.” Br. Nuisance. “The nuisance may

be abated, that is, taken away or removed by the aggrieved thereby, so

as he commits no riot in doing of it.” “And the reason,” says

Blackstone, “why the law allows this private and summary method of doing

one’s-self justice, is because injuries of this kind which obstruct or

annoy such things as are of daily convenience and use require an

immediate remedy, and cannot wait for the slow progress of the ordinary

forms of justice.” Com. B. iii. 6. And the annotator adds, “The security

of the lives and property may sometimes require so speedy a remedy as

not to allow time to call on the person on whose property the mischief

has arisen to remedy it. Pardon for a nuisance is void as for the

continuance thereof.” 3 Cro. Jac. 492, Dewell _v._ Saunders.

_State of the Special Authorities for reclaiming the Execution of the

Laws for the Protection of the Public Health._

The most important, perhaps, because the most cheap and accessible

authority for reclaiming the execution of the law for the protection of

the subject against nuisances, for punishing particular violations of

it, was vested in the Courts Leet. The statute of the view of

Frankpledge, 13 Edw. II., directs inquiry to be made of waters turned,

or stopped, or brought from their right course, and obstructions in

ditches were presentable at the Leet; but the stopping up a

watering-place for cattle was held not to be presentible as a common

nuisance. (40 Lit. 56 _a._) The juries, commonly called “annoyance

juries,” impanelled to serve on Courts Leet in towns, are accustomed to

perambulate their districts to judge of nuisances upon the view. But the

state of this machinery will be seen in the state of the evils which

come within its jurisdiction.

With all this legal strength, however, there is scarcely one town in

England which we have found in a low sanitary condition, nor scarcely

one village marked as the abode of fever, that does not present an

example of standing violations of the law, and of the infliction of

public and common as well as of private injuries, the tenements

overcrowded, streets replete with injurious nuisances, the streams of

pure water polluted, and the air rendered noisome.

The chimneys of the furnaces which darken the atmospheres, and pour out

volumes of smoke and soot upon the inhabitants of populous towns, afford

most frequent examples of the inefficiency of the local administration,

and the contempt of the law for the protection of the public against

nuisances which are specially provided for.

Most modern private Acts contain penalties on gas-companies permitting

their washings to contaminate streams, or using for steam-engines

furnaces which do not consume their own smoke. The general statute, 1

and 2 Geo. IV. c. 41, empowers the court to award costs to the

prosecutor of those who use such furnaces. Where the grievance may be

remedied by altering the construction of the furnace employed in the

working of engines by steam, the court may make an order for preventing

the nuisance in future.

The specific effects of an excess of smoke on the general health of a

town population has not been distinguished, but from the comparatively

high average of mortality amongst the middle classes in situations

undistinguished by confined residences, or defective drainage, or

anything but an excessively smoky atmosphere; from the comparatively

rapid improvement of convalescents on removal to purer atmospheres,

there is strong reason to believe that the prejudicial effect is much

more considerable than is commonly apprehended even by medical

practitioners. As the smoke in Manchester and other towns becomes more

dense, the vegetation declines; and even in the suburbs the more

delicate species die. _Dr. Baker_, in his report on the sanitary

condition of the town of Derby, after adverting to the state of the

places of work as affecting the health of the operations, proceeds to

notice the effects of the smoke:—

“The next general cause of injury to public health, and connected with

the foregoing, is the corruption of the air caused by the torrents of

black smoke that issue from the manufactory chimneys, the nuisance

from which is much augmented in heavy and moist states of the

atmosphere. There is a law by which those who most offend, as regards

their chimneys, can be punished; but of course the magistrates are not

also prosecutors, whilst, private individuals, being unwilling to

become informers, little is done to check this nuisance; and such is

the state of the air, that in gardens in the town none but deciduous

shrubs can be kept alive.”

Besides the prejudicial effects on the health of the population by the

deterioration of the quality of the air that is breathed, a serious

effect is created by its operation as an impediment to the formation and

maintenance of habits of personal and household cleanliness amongst the

working classes. Even upon the middle and higher classes the nuisance of

an excess of smoke, occasioned by ignorance and culpable carelessness,

operates as a tax increasing the wear and tear of linen and the expense

of washing, to all who live within the range of the mismanaged chimneys.

In the suburbs of Manchester, for example, linen will be as dirty in two

or three days as it would be even in the suburbs of London in a week.

One person stated that, on the Isle of Arran, a shirt was cleaner at the

end of a week’s wear than at Manchester at the end of a day’s.

Nor is this the only oppressive tax occasioned by the carelessness; _Mr.

Thomas Cubitt_, the eminent builder, when examined before the Committee

of the House of Commons, was asked,—

“Suppose it were intended to build a row of houses, would you not

suffer them to be built unless there was a sewer provided?—I would not

allow a house to be built anywhere unless it could be shown that there

was a good drainage, and a good way to get rid of water. I think that

there should be some public officer responsible for that; that there

should be surveys of every district, so that the officer should be

aware whether the sewers were provided or not. I think there should be

an officer paid at the public expense, who should be responsible for

that. I think they should not be appointed by the district; there

should be no favouritism of that kind; but public officers, changed

from point to point, to take care of all public nuisances. With

respect to manufactories, here are a great number driven by

competition to work in the cheapest way they can. A man puts up a

steam-engine, and sends out an immense quantity of smoke; perhaps he

creates a great deal of foul and bad gas; that is all let loose. Where

his returns are 1000_l._ a-month, if he would spend 5_l._ a-month more

he would make that completely harmless; but he says, ‘I am not bound

to do that,’ and therefore he works as cheaply as he can, and the

public suffer to an extent beyond all calculation. I look upon it it

has this effect: a gentleman comes to London, and lives in London; I

will suppose he fits up his house in the best style he can; he has a

taste for good pictures and upholstery, and so on. After a time the

smoke has destroyed them, and he is disappointed and annoyed, and the

effect is he is brought down in his feelings in a degree from the

state in which he was accustomed to have things.”

The appearance of the towns on the Sunday, when nearly all the furnaces

are stopped, when there is little more than the smoke from the

dwelling-houses, when everything is comparatively bright, and the

distant hills and surrounding country that are never visible though the

atmosphere of the town in the week-days may be seen across it, presents

nearly the appearance which such towns would assume on the working days,

if the laws were duly executed, and the excessive smoke of the furnaces

prevented. On inquiry of a peace-officer acting where redress is

provided for under a local Act, how it was that the dereliction of duty

occurred that was visible in the dense black clouds that darkened the

town, he replied that the chief members of the Board were the persons

whose furnace-chimneys were most in fault, and he appealed whether a man

in his condition was to be expected to prosecute his patrons?

The greater part, if not the whole, of the excess of smoke and of

unconsumed gas by which the metropolis and the neighbourhoods of

manufactories are oppressed, is preventible by the exercise of care in

the management of the fires of the furnaces. And here also the measures

for the prevention of the nuisance are measures of economy.

Many witnesses whose opinions are enforced by practical examples, state

confidently that such nuisances are generally the result of ignorance or

carelessness. Amongst others we may cite the authority of Mr. Ewart, the

inspector of machinery to the Admiralty, residing at Her Majesty’s

Dock-yard at Woolwich, where the chimney of the manufactory under his

immediate superintendence, regulated according to his directions, offers

an example of the little smoke that need be occasioned from steam-engine

furnaces if care be exercised. He states that no peculiar machinery is

used; the stoker or fire-keeper is only required to exercise care in not

throwing on too much coal at once, and to open the furnace door in such

slight degree as to admit occasionally the small proportion of

atmospheric air requisite to effect complete combustion. Mr. Ewart also

states that if the fire be properly managed, there will be a saving of

fuel. The extent of smoke denotes the extent to which the combustion is

incomplete. The chimney belonging to the manufactory of Mr. Peter

Fairbairn, engineer at Leeds, also presents an example and a contrast to

the chimneys of nearly all the other manufactories which overcast that

town. On each side of it is a chimney belonging to another manufactory,

pouring out dense clouds of smoke; whilst the chimney at Mr. Fairbairn’s

manufactory presents the appearance of no greater quantity of smoke than

of some private houses. Mr. Fairbairn stated, in answer to inquiries

upon this subject, that he uses what is called Stanley’s feeding

machinery, which graduates the supply of coal so as to produce nearly

complete combustion. After the fire is once lighted, little remains to

the ignorance or the carelessness of the stoker. Mr. Fairbairn also

states that his consumption of fuel in his steam-engine furnaces, in

comparison with that of his immediate neighbours, is proportionately

less. The engine belonging to the cotton-mills of Mr. Thomas Ashton, of

Hyde, near Stockport, affords to the people of that town an example of

the extent to which, by a little care, they might be relieved of the

thick cloud of smoke by which the district is oppressed.

At a meeting of manufacturers and others, held at Leeds, for the

suppression of the nuisance of the smoke of furnaces, and to discuss the

various plans for abating it, the resolution was unanimously adopted,

“that in the opinion of this meeting the smoke arising from steam-engine

fires and furnaces can be consumed, and that, too, without injury to the

boilers, and with a saving of fuel.” Notice of legal proceedings being

given against Messrs. Meux, the brewers in London, for a nuisance

arising from the chimneys of two furnaces, they found that by using

anthracite coal they abated the nuisance to the neighbourhood, and saved

200_l._ per annum. The West Middlesex Water Company, by diminishing the

smoke of their furnaces saved 1000_l._ per annum.

The gas-companies in the city of London were indicted for throwing their

refuse into the Thames, and compelled to dispose of it otherwise; and

they found out that they had been guilty of waste as well as of

nuisance; and it is stated that the whole of what was formerly cast away

has now become an important article of commerce.

In the rural districts the Courts Leet have generally fallen into

desuetude. In illustration of the feeble tenure on which they were held,

I may mention that in some instances, where it has been necessary to

disallow payments of fees paid to the officers of those courts from the

poor’s rates, the stewards have stated that they should hereafter

discontinue the courts; and it is probable that they did so. In the

towns, Courts Leet are sometimes held, and inquest juries appointed; but

it is objected to these bodies, and frequently to the bodies constituted

under local acts, that they are usually composed of tradesmen who attend

unwillingly and at an inconvenient sacrifice of time; who can have

little or no information in respect to the evils in question; who have

no arrangements to bring the evils in question before them; no time to

master such information as may be brought before them casually; little

interest and scarcely any real responsibility imposed for ensuring any

mastery of it; and neither time nor adequate means at their disposal for

the removal of such evils as those in question when they are presented

to them, and proved to exist. Thus: two persons of respectability who

were unexpectedly called upon to serve on a jury of this description in

the metropolis, state that, as they had no properly qualified officer to

instruct them, they were only directed to the performance of their

duties by the accidental presence of a builder.

“When we were sworn in, we went over the district: we went through

many places which were disgustingly filthy, that I have since learned

were places where there is always fever, but we were not told about

it; the afflicted knew nothing of our coming, and we had no medical

officer, or means to enable us to detect the presence of any nuisances

which would endanger the public health.

“The number of persons sworn in was twenty-four, of whom I can

remember six were publicans (at one or other of whose houses we dined

on the days of meeting), one or two cheesemongers, three or four

tailors or drapers, one builder, and one bricklayer; the trades or

occupations of the remainder I cannot remember. Of the twenty-four

sworn in, twelve only served, and the duties were performed in

rotation. An allowance of 2_s._ 6_d._ was given to each juryman for

his expenses on the days of acting, with the exception of the foreman

and the secretary, who had been unfortunate enough, or who, for some

purpose of their own, managed to be sworn in on three or four previous

occasions. None of the jury knew the nature of the duties further than

that they were to examine weights and measures; that part of their

duty respecting the removal of nuisances, or of things affecting the

health or the lives of the inhabitants of the district which we

perambulated, was entirely neglected or lost sight of; the only

instance that I remember of any attention being paid to the subject,

was that of the condemnation of an old house in a disgusting

neighbourhood of houses; and in this case, although the house

certainly looked in a bad condition, the jury were quite unable to

come to a decision until the bricklayer and builder pronounced its

condemnation, when the jury at once became unanimous, and condemned

the house forthwith. My own impression was, that the house was not in

a safe condition, but I felt, in common with others, (the tailors,

drapers, and cheesemongers,) that however anxious we might be to

discharge our duties faithfully, that the nature of our occupations

did not at all qualify us to express an opinion upon the subject, and

hence we were all guided and determined by the opinion of the

bricklayer and builder who happened to be present. Had they not been

present, we should probably have done nothing. It is only necessary

for any sensible person to serve on such a body in a town to be

convinced of its entire inefficiency.”

The district over which this jury perambulated was one in which

contagious disease often prevails in its worst forms; and it is quite

clear that, without appropriate arrangements, such a body would continue

to walk over the ground, equally unconscious of the evil and impotent to

effect its removal.

A civil engineer and surveyor of very high acquirements in the

metropolis thus describes the qualification of persons serving on these

inquests:—

“I speak from experience, having personally attended one of these

inquests, with a view to give them the benefit of my practical

knowledge; I did not find one of them amongst the twelve competent to

perform usefully to the parish or the public the duties imposed upon

them. I have known repeated instances in these united parishes, where

ruinous houses have been permitted to remain for years without

receiving any attention from the authorities, to the great danger of

the occupiers and also to the public. I would instance two houses that

to my certain knowledge have for ten or a dozen years inclined over in

the street from the pavement upwards of eighteen inches, without being

noticed by an Inquest Jury. My attention was lately directed

professionally by the owner of the houses in question to their state

and condition; upon a careful examination I found them so dangerous

that I immediately gave directions to have them shored up, and

recommended the tenant to vacate them in the meanwhile: to my great

surprise, at the expiration of three or four days after the houses had

been properly secured, the freeholders were served with a notice from

the Inquest Jury to do what had already been done, viz., secure the

houses from danger.”

A gentleman who has acted as one of the Commissioners under the Act for

Bolton, thus describes the operation of its provisions:—

“We have an Act in Little Bolton with extensive powers for the

preservation of the public health.

“I was appointed in 1837 one of the Trustees or Commissioners under

this Act; they are elected by the ratepayers, and one-third go out

annually; party political feeling has created a strife as to whether

Whigs or Tories shall expend the public funds (the same is the case in

Manchester), and hence a strife as to the economy of management. The

streets are badly lighted, and sometimes not at all, to save the

expense of gas. A surveyor is appointed in Little Bolton, whose duties

are to see after the lighting, paving, cleansing, sewering,

fire-engines, and firemen, the prevention of nuisances, encroachments,

&c., &c.; to hiring and paying all the workmen, and buying the

materials for repairing the roads and streets over a district

containing about 15,000 inhabitants, for all of which service he

receives 80_l._ a-year.

Report to Her Majesty's Principal Secretary of State For the Home Department, from the Poor Law Commissioners, on an Inquiry Into the Sanitary Condition of the Labouring Population of Great Britain; With Appendices · 第 40 / 65 段