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A.D. 1906. such owner or occupier requiring him to abate mosphere by a chimney or other final A.D. 1906.

the nuisance; and, if such owner or occupier outlet, where the amount of such acid
fails to use the best practicable and reasonably gas in each cubic foot of air, smoke, or
available means for the abatement thereof, he gases so discharged does not exceed the
shall be liable to a fine not exceeding twenty amount limited by the last preceding
pounds, and, if he does not proceed to use such section :
means within such time as may be limited by (6) To any acid gases in the air, smoke, or
the court inflicting such fine, he shall be liable gases discharged into the atmospbere by
to a further penalty not exceeding five pounds a chimney or other final outlet receiving
for every day after the expiration of the time the residual gases from any process for
so limited during which such failure continues. the concentration or distillation of sul.

phuric acid, where the total acidity of

such acid gases (including those from the SULPHURIC ACI]), MURIATIC ACID, AND OTHER

combustion of coal) in each cubic foot of SPECIFIED WORKS.

air, smoke, or gases so discharged does

not exceed what is equivalent to one Londen- 6.-(1) Every sulphuric acid work as defined

grain and a half of sulphuric anhydride.
son of
Beid rases in

in paragraph (1) of the First Schedule to this
Act shall be carried on in such manner as to

(2) If the owner of any such work fails, in
sad and secure the condensation, to the satisfaction of

the opinion of the court having cognizance of

the matter, to use such means, he shall be w works.

the chief inspector, of the acid gases of sulphur
or of sulphur and nitrogen which are evolved

liable to a fine not exceeding in the case of
in the process of the manufacture of sulphuric

the first offence twenty pounds, and in the acid in that work, to such an extent that the

case of every subsequent offence fifty pounds, total acidity of those gases in each cubic foot

with a further sum not exceeding five pounds of residual gases after completion of the

for every day during which any such subge

quent offence has continued.
process, and before admixture with air, smoke,
or other gases, does not exceed what is equiva-

8.-(1) An inspector may inquire whether, Provisional lent to four grains of sulphuric anhydride.

in any works in which aluminous deposits are Order to (2) Every muriatic acid work as defined in treated for the purpose of making cement

prevent dis

charge of paragraph (8) of the First Schedule to this

(hereinafter called cement works) or in any noxious or Act shall be carried on in such manner as to works in which sulphide ores, including

offensive gas

in cement secure the condensation to the satisfaction of

regulus, are calcined or smelted (hereinafter and smeltthe chief inspector of the muriatic acid gas

called smelting works), means can be adopted ing works. evolved in such work, to such extent that in

at a reasonable expense for preventing the each cubic foot of air, smoke, or chimney

discharge from the furnaces or chimneys of gases escaping from the work into the atmo

such works into the atmosphere of any noxious sphere there is not contained more than one

or offensive gas evolved in such works, or for fifth part of a grain of muriatic acid.

rendering such gas where discharged harmless (3) The owner of any sulphuric acid work or

or inoffensive. of any muriatic acid work which is carried on

(2) Where it appears to the Local Govern. in contravention of this section shall be liable

ment Board that such means can be adopted to a fine not exceeding in the case of the first

at a reasonable expense, the Board may by offence fifty pounds, and in the case of every order require the owners of such works to subsequent offence one hundred pounds.

adopt the best practicable means for the purPretention 7.-(1) The owner of any work specified in pose, and may by the order limit the amount

discharge the First Schedule to this Act (herein-after re- or proportion, in the case of cement works or denisive ferred to as a scheduled work) shall use the smelting works, of any noxious or offensive

best practicable means for preventing the es- gas which is to be permitted to escape from

cape of noxious or offensive gases by the exit such works into the chimney or into the
Alue of any apparatus used in any process car- atmosphere, and may also by the order extend
ried on in the work, and for preventing the to such works such provisions of this Act
discharge, whether directly or indirectly, of relating to scheduled works as they think fit.
such gases into the atmosphere, and for ren- (3) An order made under this section shall
dering such gases where discharged harmless be provisional only, and shall not be of
and inoffensive, subject to the qualification any validity until confirmed by Parliament,
that, on the basis of the amount of acid gas but when so confirmed shall have full effect,
per cubic foot, no objection shall be taken with such modifications as may be made
under this section by an inspector-

therein by Parliament; and the expression
(a) To any muriatic acid gas in the air, “ this Act” when used in this Act shall be

smoke, or gases discharged into the at- deemed to include an order so confirmed, so


A.D. 1906. far as is consistent with the tenor of that before the commencement of this Act required A.D. 1906. order.

to be registered.
(4) The Board shall take such steps as they (6) There shall be charged upon every such
may think fit for giving notice to persons certificate a stamp duty of five pounds in the
interested of the provisions of any order made case of an alkali work, and of three pounds in
by them under this section before any Bill the case of any other work, and the Commis-
for confirming the same is introduced into sioners of Inland Revenue sball issue stamped

forms of certificate for the purpose.
(5) An order made under this section may (7) Written notice of any change which
impose fines for a breach of its provisions of occurs in the ownership of a work or in the
like amount as any fines imposed by this Act other particulars stated in the register shall
for offences against this Act.

within one month after such change be sent
(6) An order made under this section may by the owner to the Local Government Board
be repealed, altered or amended by any sub- and the register and the certificate shall be
sequent order made under this section, and altered accordingly in the prescribed manner
confirmed by Parliament.

without charge and without the issue of a
new certificate. If such notice is not sent as

so required the work shall not be deemed to be

certified to be registered.

(8) The owner of a work which has been (i) Registration of Works.

carried on in contravention of this section Registration 9.-(1) An alkali work, a scheduled work, a

sball be liable to a fine not exceeding fifty of works, and stamp cement work, or a smelting work shall not be pounds. duty. carried on unless it is certified to be regis.

(ii) Inspection. tered.

10.-(1) The Local Government Board shall, Appoint(2) The work shall be registered in a regis

with the approval of the Treasury as to inspectors. ter containing the prescribed particulars, and numbers and salaries or remuneration, appoint the register shall be conducted and the cer- such inspectors (under whatever title they tificates issued in the prescribed manner.

may fix) as the Board think necessary for the (3) A certificate of registration, if issued at execution of this Act, and may assign them a time when a previous certificate is in force,

their duties and award them their salaries or shall be in force for one year after the time remuneration, and shall constitute a chief when that certificate ceases to be in force, and

inspector, and may regulate the cases and
if issued at a time when no previous certificate manner in which the inspectors are to execute
is in force shall be in force until the following and perform the powers and duties of inspec-
first day of April.

tors under this Act, and may remove such
(4) An application for a certificate of regis- inspectors.
tration of a work may, in the case of the first

(2) Notice of the appointment of every such
registration of that work, be made at any inspector shall be published in the London
time, and an application for any subsequent Gazette, and a copy of the Gazette shall be
certificate in respect of that work shall be

evidence of the appointment.
made in the month of January or February. (3) The salaries or remuneration of the in.

(5) A certificate of registration shall be spectors, and such expenses of the execution
issued on application being made in the pre-

of this Act as the Treasury may sanction,
scribed manner by the owner of the work, if shall be paid out of moneys provided by
the conditions of registration are complied

with, and one of the conditions, in the case of (4) A person holding the office of chief
the first registration of an alkali or scheduled inspector or inspector shall not be employed
work, or the registration of such a work if the in any other work except with the sanction of
work has been closed for a period of twelve

the Local Government Board.
months previously, shall be that the work is (5) In the case of the illness or other un.
at the time of registration furnished with

avoidable absence of the chief inspector, the
such appliances as appear to the chief inspector

Local Government Board may appoint any
or, on appeal, to the Local Government Board other inspector to act as his deputy, and the
to be necessary in order to enable the work to inspector so appointed shall, whilst so acting,
be carried on in accordance with such of the have all the powers by or under this Act
requirements of this Act as apply to the work. conferred on the chief inspector.
Provided that the Local Government Board 11. A person who-

Disqualifimay dispense with the last-mentioned con. (a) acts or practises as a land agent; or cation of dition in the case of works erected before the (6) is engaged or interested directly or

certain commencement of this Act which were not indirectly in any work to which this inspectors.

persons for

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Act applies, or in any patent for any (3) The owner of every such work and his A.D. 1906.
process or apparatus carried on or used agents shall render to every inspector all
in any such work, or in any process or necessary facilities for entry, inspection,
apparatus connected with the conden- examination, and testing in pursuance of this
sation of acid gases, or with the treat- Act.
ment of alkali waste, or with preventing (4) Every owner of a work in which such
the discharge into the atmosphere or facilities are not afforded to an inspector as
rendering harmless or inoffensive any are required by this Act, or in which an
noxious or offensive gas, or otherwise inspector is obstructed in the execution of his
with any of the matters dealt with by duty under this Act, and every person wilfully
this Act; or

obstructing an inspector in the execution of
(c) is employed in or about or in connexion his duty ouder this Act, shall be liable on

with any work to which this Act applies, conviction under the Summary Jurisdiction
or in any other chemical work for Acts to a fine not exceeding ten pouuds.

13. The chief inspector shall, on or before Annual shall be disqualified to act as an inspector the first day of March in every year, make a

report to

Local under this Act.

report in writing to the Local Government Govern12.-(1) For the purpose of the execution of

Board of the proceedings of himself and of the ment Board. this Act, an inspector may at all reasonable

other inspectors under this Act, and a copy of times by day and night, without giving pre

such report shall be laid before both Houses of

vious notice, but so as not to interrupt the
process of the manufacture,

14.-(1) If any sanitary anthority apply to Additional
(a) enter and inspect any work to which, in
the central authority for an additional inspec-

inspector on the opinion of the Local Government tor under this Act, and undertake to pay a of sanitary

application Board, any of the provisions of this Act proportion of his salary or remuneration, not authorities. applies; and

being less than one half, the Local Government (6) examine any process causing the evolu.

Board may (if they see fit), with the sanction tion of any noxious or offensive gas, and

of the Treasury, appoint an additional inspec. any apparatus for condensing any snch

tor under this Act, to reside within a congas, or otherwise preventing the discharge

venient distance of the works he is required thereof into the atmosphere, or for ren

to inspect; and such inspector shall have the dering any such gas harmless or inoffen. same powers and be subject to the same power sive when discharged; and

of removal and to the same regulations and (c) ascertain the quantity of gas discharged

liabilities as other inspectors under this Act. into the atmosphere, condensed or other- (2) The proportion of salary or remuneration wise dealt with; and

aforesaid shall be paid at the prescribed times (d) enter and inspect any place where alkali

into the Exchequer, and shall be a debt due
waste is treated or deposited, or where

from the sanitary authority to the Crown.
any liquid containing either acid or any
other substance capable of liberating sul-

(iii) Special Rules.
phuretted hydrogen from alkali waste or

15.-(1) The owner of an alkali work or of a Power of drainage therefrom is likely to come into scheduled work may, with the sanction of the workers of contact with alkali waste or drainage central authority, make special rules for the make special therefrom ; and

guidance of his workmen who are employed in rules. (e) apply any such tests and make any such or in connexion with any process causing the experiments, and generally make all such

evolution of any noxious or offensive gas, or inquiries, as seem to him to be necessary in or in connexion with the condensation or or proper for the execution of his duties

other treatment of that gas, and may annex
under this Act.

fines to any violation of such rules, so that
(2) The owner of any such work shall, on the fine for any offence do not exceed two
the demand of the chief inspector, furnish him pounds.
within a reasonable time with a sketch plan, (2) A printed copy of the special rules in
to be kept secret, of those parts of such work force under this section in any work shall be
in which any process causing the evolution of given by the owner of that work to every
any noxious or offensive gas or any process person working or employed in or about that
for the condensation of such gas or for pre- work who is affected thereby.
venting the discbarge thereof into the atmo- (3) Any fine incurred under this Act in
sphere, or for rendering any such gas harmless respect of an offence against a special role
or inoffensive when discharged, is carried may be recovered in accordance with the

Summary Jurisdiction Acts.

to calcula

A.D. 1906.
(iv) Procedure.
(6) It shall be sufficient to state the name

A.D. 1906. Provision as 16. In calculating the proportion of acid to of the registered or ostensible owner of

a cubic foot of air, smoke, or gases, for the the work, or the title of the firm by which tion of acid.

purposes of this Act, such air, smoke, or gases the employer of persons in such work is
shall be calculated at the temperature of sixty usually known.
degrees of Fahrenheit's thermometer, and at a (2) A person shall not be subject to a fine
barometric pressure of thirty inches.

under this Act for more than one offence in
Recovery of 17. The following regulations shall have respect of the same work or place in respect
fines for
offences effect with respect to the recovery of fines for

of any one day. against Act offences under this Act other than fines

(3) Not less than twenty-one days before the in county recoverable summarily :

hearing of any proceeding against an owner to court. (1) Every such fine shall be recovered by

recover a fine under this Act for failing to action in the county court having juris

secure the condensation of any gas to the diction in the district in which the offence

satisfaction of the chief inspector, or for is alleged to have been committed :

failing to use the best practicable means as (2) The action shall not be bronght without required by this Act, an inspector shall serve the sanction of the central authority, nor

on the owner proceeded against a notice in by any person other than the chief inspec. writing stating: as the case requires, either tor or such other inspector as the Local

the facts on which such chief inspector founds Government Board may in any particular

his opinion, or the means which such owner case direct, nor, except as respects a fine

has failed to use, and the means which, in the for the contravention of the provisions of

chief inspector's opinion, would suffice, and this Act as to the registration of works,

shall produce a copy of such notice Lefore the after the expiration of three months from

court having cognisance of the matter. the commission of the offence, and for the

(4) A person shall not be liable under this purposes of such action the fine shall

Act to an increased fine in respect of a second be deemed to be a debt due to such

offence, or in respect of a third or any subseinspector :

quent offence, unless a fine has been recovered (3) The plaintiff in any action for a fine

within the preceding twelve months against under this Act shall be presumed to be

such person for the first offence, or for the

second or other offence, as the case may be. an inspector authorised under this Act to bring the action, until the contrary is 19. All fines recovered under this Act, Applicatio proved by the defendant :

other than those recovered summarily, shall of fines. (4) The court may, on the application of be paid into the Exchequer.

either party, appoint a person to take 20. The owner of a work in which an Discharge down in writing the evidence of the wit

offence under this Act other than an offence owner on nesses, and may award to that person

conviction such remuneration as the court thinks

against a special rule has been proved to have just; and the amount so awarded shall

been committed shall in every case be deemed offender.

to have committed the offence, and shall be be deemed to be costs in the action :

liable to pay the fine, unless he proves, to the
(5) If either party in any action under this

satisfaction of the court before which any
Act feels aggrieved by the decision or
direction of the court in point of law, or

proceeding is instituted to recover such fine,
on the merits, or in respect of the admis.

that he has used due diligence to comply with

and to enforce the execution of this Act, and
sion or rejection of any evidence, he may
appeal to the High Court:

that the offence in question was committed,

without his knowledge, consent, or connivance,
(6) Subject to the provisions of this section,
all the enactments, rules, and orders

by some agent servant or workman, whom he
relating to proceedings in actions in

shall charge by name as the actual offender; county courts, and to enforcing judgments

in which case snch agent servant or workman

shall be liable to pay the fine, and proceedings
in county courts, and to appeals sball
apply as if the action related to a matter

may be taken against him for the recovery

thereof and of the costs of all proceedings within the ordinary jurisdiction of the

which may be taken either against himself or court.

against the owner under this Act : Further

18.-(1) In any proceeding under this Act Provided that it shall be lawful for the provisions in relation to a fine for an offence other than inspector to proceed against the person whom recovery an offence against a special rule

he believes to be the actual offender, without (a) It shall be sufficient to allege that any first proceeding against the owner, in any county

work is a work to which this Act applies, case where the inspector is satisfied that the
without more; and

owner has used all due diligence to comply

of actual

as to

of fines in



tion of terms.

A.D. 1906. with and to enforce the provisions of this Act,

and that the offence has been committed by that person without the knowledge, consent, or

connivance of the owner. Service of 21. Any notice, summons, or other document notices.

required or authorised for the purposes of this Act to be delivered to or served on or sent to the owner of any work, may be served by post or by delivering the same to the owner, or at his residence or works; and the document shall be deemed to be properly addressed if ad. dressed to the registered address of an owner, or, when required to be served on or sent to the owner of any works, if addressed to the owner of the works at the works, with the addition of the proper postal address, but

without naming the person who is the owner. Complaint 22.-(1) Where complaint is made to the by sanitary central authority by any sanitary authority, sashority in

on information given by any of their officers, misance. or any ten inhabitants of their district, that

any work to which this Act applies is carried on (either within or without the district) in contravention of this Act, or that any alkali waste is deposited or discharged (either within or without the district) in contravention of this Act, and that a nuisance is occasioned thereby to any of the inhabitants of their district, the central authority shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by an inspector as they think fit and just.

(2) The sanitary authority complaining shall, if so required by the central authority, pay the

any such inquiry. Actions in 23.-(1) Where a nuisance arising from the case of con- discharge of any noxious or offensive gas or misance. gases is wholly or partially caused by the acts

or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of That defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance.

(2) This section shall not authorise the recovery of damages from any defendant who can produce a certificate from the chief inspector that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.

(v) Miscellaneous. Expenses 24. Any expenses incurred by a sanitary e sanitary authority under this Act shall be defrayed as authorities.

general expenses incurred by the authority in the execution of the Public Health Act.

25. In determining any matter which under A.D. 1906. this Act is to be determined by the chief inspec- Determinator, the chief inspector may found his opinion tion of on facts disclosed by his own examination, or


by chief by an examination by any other inspector. inspector.

26.—(1) For a period of three years after the Temporary commencement of this Act paragraph (6) of provision as section seven of this Act shall apply, where heat pan the process for the concentration of sulphuric process. acid is that known as the over-heat pan process, as if in that paragraph two grains of sulphuric anhydride were substituted for one grain and a half of sulphuric anhydride.

(2) For the purposes of this section “the over-heat pan process. means the process in which the concentration of sulphuric acid is effected by the passage of the heated gases resulting from the combustion of fuel over the surface of the acid.

27.-(1) In this Act, unless the context Interpretaotherwise requires, The expression “alkali work” means every work for(a) the manufacture of sulphate of soda

or sulphate of potash, or
(6) the treatment of copper ores by

common salt or other chlorides where

by any sulphate is formed,
in which muriatic acid gas is evolved :
The expression “noxious or offensive gas
includes the following gases and fumes :-

Muriatic acid;
Sulphuric acid;
Sulphurous acid, except that arising

solely from the combustion of coal;
Nitric acid and acid-forming oxides of

Sulphuretted hydrogen;
Chlorine, and its acid compounds;
Flucrine compounds ;
Cyanogen compounds;
Bisulphide of carbon ;
Chloride of sulphur;
Fumes from cement works;
Fumes containing copper, lead, anti-

mony, arsenic, zinc, or their com


Fames from tar works;
The expression“ owner" includes any lessee,

occupier, or any other person carrying on
any work to which this Act applies :
The expression “ best practicable means,"

where used with respect to the prevention
of the escape of noxious and offensive
gases, has reference not only to the pro-
vision and the efficient maintenance of
appliances adequate for preventing such
escape, but also to the manner in which
such appliances are used and to the proper
supervision, by the owner, of any operation
in which such gases are evolved :

expense of

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