The consequence of such binding clauses is that the officers, if they do their strict duty, will probably be engaged in constant disputes and litigation with the contractor as to the due and proper observance of the terms of his contract, and thus their time is much occupied instead of in other more important matters, which is naturally detrimental to the interests of the ratepayers.
I am strongly of opinion that the work of the collection of house refuse and cleansing the streets should be carried out by the local authority with their own officers and staff, and that executing this work by contract is a mistake and a false economy. It is, perhaps, true that it may be done in the latter manner at less actual cost to the ratepayers, but all public work should be done in the best manner possible, irrespective of cost, thoroughly, but without extravagance, and the result of such work, especially where it affects the cleanliness and the appearance of a town, soon fully repays any moderate extra cost that may thus have been incurred, irrespective of the enormous benefit that is conferred upon any community by the reduction of disease and the death-rate by a proper attention to such necessary sanitary work.
[157] A rural authority cannot apparently make any byelaw with regard to the prevention of such nuisances.
[158] A byelaw under this section “must be limited to imposing upon the occupier the duty of cleansing or removal at such intervals as the sanitary authority may think fit. The mode of cleansing or removal and the precautions to be observed in connection with the process are not matters within the range of such byelaws.” Vide ‘Memorandum to the Model Byelaws issued by the Local Government Board for the use of Sanitary Authorities, No. 1, Cleansing of Footways and Pavements, &c.,’ 1877.
[159] In Glenn’s ‘Law of Public Health and Local Government,’ 8th edition, in a footnote to section 44, p. 39, several instances are given of what is not refuse, such as ashes from furnaces, &c., and it is stated that “the intention of the Act was that only the rubbish arising from the domestic use of houses should be removed.”
[160] The Bromley Local Board issue a card on which is printed, amongst other information with reference to the contract for the removal of house refuse, the following suggestions:—“It is hoped that householders will as far as possible facilitate the systematic removal of refuse by providing suitable dust-bins, and directing their servants that ordinary house refuse only shall be deposited in such receptacles. The following are some of the items of refuse which the contractors are bound to remove, viz.:—cinder ashes, potatoe peelings, cabbage leaves, and kitchen refuse generally. But the contractors are not required to remove the refuse of any trade, manufacture, or business, or of any building materials or any garden cuttings or sweepings.”
[161] In New York about 800,000 tons of refuse are disposed of annually in this manner.
[162] For a description of the manner in which this is effected at Manchester, see my book on scavenging, to which I have [before] referred.
[163] The ashes are mixed with chaff, chopped straw, refuse hay, grass cuttings, dry street sweepings, wool and hair, shoddy, &c., and a small percentage of sulphate of iron or lime.