This section is from the book "The Principles And Practice Of Modern House-Construction", by G. Lister Sutcliffe. Also available from Amazon: How Your House Works: A Visual Guide to Understanding & Maintaining Your Home.
In similar cases the Scotch Local Government Board has power to apply to the Court of Session with the consent of the Lord Advocate. The Court has in these cases complete jurisdiction. This power has hitherto been only exercised in of great importance.
(58.) Nuisances. The list of nuisances enumerated in Section 1G of the Public Health (Scotland) Act, 1897, is a far more complete list than the similar lists in the Public Health Act of 1878, or in the Public Health (London) Act of 1891.
Nuisances under the Scotch Act include: -
"1. Any premises or part thereof of such a construction1 or in such a state as to be a nuisance or injurious or dangerous to health:
2. Any street, pool, ditch, gutter, water-course, sink, cistern, water-closet, earth-closet, privy, urinal, cesspool, drain, dung-pit, or ash-pit so foul or in such a state as to be a nuisance or injurious or dangerous to health:
3. Any well or water-supply injurious or dangerous to health:
4. Any stable, byre, or other building in which any animal or animals kept in such a manner or in such numbers as to be a nuisance or injurious or dangerous to health:
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, or spent hops from breweries) within fifty yards of any public road wherever situated, or any offensive matter, refuse, or offal, or manure other than aforesaid contained in uncovered trucks or wagons standing or being at any station or siding elsewhere on a railway or in carnal boats so as to be a nuisance or injurious or dangerous to health.
1 The portions of the section which introduce matter, not definitely classed as nuisances in the English Act. are printed in italics.
6. Any work, manufactory, trade . or business, injurious to the health of the neighbourhood, or so conducted as to be injurious or dangerous to health, or any collection of rags or bones injurious or dangerous to health:
7. Any house or part of a house so overcrowded as to be injurious or dangerous to the health of the inmates:
8. Any school-house, or any factory which is not a factory subject to the provisions of the Factories and Workshops Acts, 1878 to 1895, or any Act amending the same, with respect to cleanliness, ventilation, or overcrowding, and
(a) Is not kept in a cleanly state and free from effluvia arising from any drain, privy, water-closet, earth-closet, urinal, or other nuisance, or (b) 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 (c) [a bo overcrowded while work is carried on, as to be injurious or dangerous to the health of those therein employed: 9. Any fireplace or furnace situated within the limits of any burgh or special scavenging district, which does not so far as practicable consume the smoke arising from the combustible matter used therein, for working engines by steam, or in any mill, factory, dye-house, brewery, bakehouse, or gas-work, or in any manufacturing or trade process whatsoever:
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. 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."
(59.) Procedure followed to abate a Nuisance. The majority of the nuisances enumerated are dealt with in a summary manner. The Local Authority serves a notice (Section 20), and if the notice is not obeyed, or if the nuisance is likely to recur, the Local Authority proceeds by "summary petition ', or - to use less technical language - a summons is taken out: this is heard before a magistrate, a justice, or the sheriff, and the case is decided and a decree (i.e. order) made, and a fine (not exceeding five pounds) may be inflicted, the whole procedure only differing in details from that followed in the other parts of the kingdom. In the majority of cases such "decrees" are final, there being no appeal, but Sub-sections 6 and 8 of Section 16. relating to factories. businesses, and schools, can only be enforced on application to the sheriff, and then only (i) on medical certificate, or (ii) on representetion by a Parish Council, or (iii) on a requisition in writing under the hands of any tea ratepayers of the district The smoke sub-sections and nuisances connected with graveyards can only be compulsorily abated by the sheriff (Sub-sections 9, 10, and 11 of Section 16).
If with regard to these latter nuisances the cost of effectually abating or dealing with them is certified by the sheriff to be above £25 and under £50, there is a power of appeal from the sheriff-substitute to the sheriff; exceeding £50 there is a power of appeal from a judgment of either the sheriff-substitute or the sheriff to the Lord Advocate, and in certain cases from the Lord Advocate to the Inner House (Section 156).
There is in Scotland an additional and useful power to deal with nuisances by by-laws County Councils have power, subject to the sanction of the Secretary of State, to make by-laws "for prevention and suppression of nuisances not already punishable in a summary manner by virtue of any Act in force throughout the county". Burgh Commissioners may. with the approval of the Local Government Board for Scotland, or of the sheriff, make by-laws for preventing nuisances in any street or in any other place within the Burgh, and also for various other sanitary purposes under Section 318. Burgh Police (Scotland) Act.
During the year 1895 eight applications were made to the Scotch Local