HH62/1/M-LOTH/9

Transcription

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looked at somewhat carefully. It was a remarkable fact
also that the Doctor called in by Miss Finlay did not
think the inmates required medical treatment, and accord-
ingly did not prescribe for them."

(The Doctor who was called in was Dr. Lucas, who had
previously certified the heap not a nuisance, and he was not
the medical attendant at Newton House, but was called by
Miss Finlay to come and look at the household to see if he
could still be conscientiously of the same opinion that the
accumulation was innocuous. The Doctors who attended the
inmates were Dr. Ballantyne, Dalkeith, and Dr. Milligan,
Edinburgh, both of whom by certificate, and in the witness-
box, stated that in their opinion the cause, and the only
cause, for the illnesses was the noxious emanations from the
heap.)

"Although he (the Sheriff) was not prepared to hold
that the deposit of refuse in the clay-hole had been
proved to be de facto injurious to health, still he thought
it was beyond doubt that a very offensive smell emanated
from the hole at a certain time, and that it could be
distinctly perceived at Newton House, and at other places
equally distant, according to the state of the weather
and the direction of the wind. There was, however,
a difference between a nuisance which was injurious
to health and a nuisance which was merely annoying.
Altogether the case was a very narrow one, and under
circumstances slightly different he might have been
called upon to give judgement for the Complainers. At
the same time, as prevention was better than cure, a
Local Authority should not wait for the outbreak of an
epidemic before taking action. Although the existence
of a nuisance had not been exactly proved, nevertheless
what was complained of was a source of danger to the
health of the community, and he thought it was the

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duty of the Respondents to use every means in their
power to obviate the risk, and that they were well
advised to adopt special precautions for that purpose."

On perusal of the evidence of the witnesses -
the unshaken evidence of the inmates of Newton
House, and of one or two others who said they
suffered from the symptoms mentioned - and then
studying the above note, the questions may be
asked: What is injury to health? and Is it pre-
sumable that the Sheriff might have declared it
a nuisance if the words in Section 16 (a) of the
Act had been "calculated to be injurious
to health," instead of being, as they are, "injurious
to health"?

A New Public
Health Act
urgently
required.

It will be evident at all events that Sub-Section
(a) of Section 16 of the Public Health Act will
require alteration, and expression in less ambiguous
language, if we are to hope for favourable decisions
in cases raised under it. But, as I have already
said, nothing short of an Act somewhat on the
model of that for the metropolis of London (which,
however, is suited to the requirements of a city)
can be satisfactory.

Pig-styes -
Public Health
Act again
defective;
Power to make
Bye-Laws
advisable.

One of the most common nuisances, and one
difficult to deal with, is that caused by the Keeping
of Pigs. Bye-Laws are much needed to aid us, but
as they apparently cannot be made under Section
57 (1) of the Local Government Act, some means
to acquire the necessary powers should be tried.
The Dwelling-houses throughout the County
vary as much in their sanitary condition as they