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Subsection 7.
Smoke.

in such a manner as to render harmless, as 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 to health, or so overcrowded, while work is carried on, so as to be dangerous or injurious to the health of those employed therein.'

It must be specially noted that this Subsection does not apply to a factory, workshop, or workplace under the Factory Acts, 1878, 1891, for the reason, probably, that the 3rd Section of the Factory Act of 1878, as amended by that of 1891, deals with this very subject in the following words :

'A factory shall not be so overcrowded while work is carried on, so as to be dangerous to, or injurious to the health of, the persons employed therein, and shall be ventilated in such a manner as to render harmless, as far as practicable, all the gases, vapours, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein, that may be injurious to health.'

Subsection 7.-'Any fireplace or furnace which does not, as far as practicable, consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill, factory, dyehouse, brewery, bakehouse, or gaswork, or in any manufacturing or trade process whatsoever, and any chimney (not being the chimney of a private dwelling-house) sending forth black

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smoke in such quantity as to be a nuisance,' .
'provided that, where a person is summoned
before any Court in respect of a nuisance
arising from a fireplace or furnace which
does not consume the smoke arising from the
combustible used in such fireplace or furnace,
the Court shall hold that no nuisance is
created within the meaning of the Act, and
dismiss the complaint if it is satisfied that
such fireplace or furnace is constructed in
such a manner as to consume, as far as
practicable, having regard to the nature of
the manufacture or trade, all smoke arising
therefrom, and that such fireplace has been
carefully attended to by the person having
the charge thereof."

of The smoke sub

section deals

The Subsection contemplates three classes chimneys, viz., chimneys connected with manu- with three facturing operations.

classes of chimneys-(a) Manufacturing.

facturing shafts,

private.

Chimneys not connected with manufacturing (6) Not manuoperations, but yet not in connection with private and yet not dwellings. Lastly, the chimneys of private dwellings; these (c) Exemption the Act specially exempts. No matter how black, private dwellor in what quantity, the smoke evolved from a chimney belonging to a private dwelling, yet it cannot be dealt with under this Subsection.

We therefore have only two cases to consider, viz., the case of chimneys connected with the trades enumerated, or with manufacturing processes gene

of chimneys of

ings.

Chimneys connected with

factories.

Cooper v.
Woolley.

Chimneys neither connected with

factories nor with private dwellings.

rally, and other chimneys than those of private dwelling-houses.

In the first case there is nothing said about 'black' smoke, and it seems that proof of the blackness, or otherwise, of the smoke need not be considered; but, to get a conviction, it may be necessary to be prepared with evidence as to the construction of the furnace, or, if such furnace is properly constructed, to have evidence as to 'negligence.'

C

The meaning of the phrase ' as far as practicable,' receives elucidation from the case of Cooper v. Woolley, L.R. 2 Ex. 88; 36 L.J. M.C. 27; 15 L.T. (n.s.) 539. This was a case under a Local Act, but which contained a similar section to that now under consideration. The Magistrate found that the smoke could not be abated without interfering materially with the business, and the furnace was in itself of proper construction. The Court of Exchequer held that the appellant had consumed his smoke as far as possible, and was entitled to remission. These words are not to be construed absolutely, but as far as possible consistent with the carrying on the trade for which the furnace is used.'

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We have next to ask what are the chimneys, which are neither connected with manufacturing operations nor with private dwellings, that the Act contemplates? Possibly chimneys connected with fireplaces and furnaces for the purpose of warming public buildings-such as churches, public halls,

and the like. It may also be held that a restaurant comes under this heading.

It is necessary, in this case, to prove the fact alone, viz., that on such and such a day and hour the chimney emitted black smoke.

It must also be noted that, under the smoke sections, it is unnecessary to prove anything with regard to health.

It may be convenient to mention here some other powers possessed by Urban Sanitary Authorities with regard to smoke.

smoke con

Acts.

Section 171, P.H., 1875, incorporates Section 30 Powers as to of the Town Police Clauses Act, 1847, imposing a ferred by other penalty of 10s. for accidentally allowing a chimney to get on fire, and £5 for wilfully setting a chimney on fire.

Locomotive steam-engines used on railways have to consume their own smoke (Railway Clauses Act, 8 and 9 Vict. c. 20); see also Railway Regulation Act, 1868 (31 and 32 Vict. c. 119, sect. 19). So also locomotives and traction-engines on the high road must be so constructed as to consume, as far as practicable, their own smoke (Highways and Locomotives Acts, 1878, 41 and 42 Vict. c. 77, sect. 30).

In the metropolis, and also in many large towns, there are likewise special Acts which deal with smoke. These Acts are local, and their operation is restricted to the limits defined in the Acts.

The smoke enactments do not exhaust the nuisances belonging to Section 91.

Chimneys con

nected with factories.

Cooper v. Woolley

Chimneys neither connected with factories nor with private dwellings.

ward to the within fifty sec land, the

- a nuisance

contained in

and 36 Vict.

nast also be

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