sances Acts (19 & 20 Vict. c. 107. s. 3). [See "Prevention of Smoke."] ALKALI WORKS ACT. By the Alkali Act, 1863, it is provided that every work for the manufacture of alkali, sulphate of soda, or potash, is required to be carried on in such manner as to secure the condensation of not less than 95 per cent. of the muriatic acid evolved therein. Penalty for contravention, not exceeding 507. for the first offence, or 1007. for every subsequent offence (26 & 27 Vict. c. 124, s. 4). The owner of such work to be liable, or his agent or servant, in case of their committing such offence without his knowledge or consent (s. 5). Such work to be registered in manner prescribed, under penalty of 51. per day for neglect (s. 6). Inspectors are to be appointed for the purposes of the Act (ss. 7, 8), who may examine any such works, without notice, at all reasonable times by day or night, and who must be furnished on demand with a plan of the premises so used, and who may make experiments for ascertaining the efficiency of the apparatus or the quantity of gas condensed, for which all necessary facilities must be rendered by such owner or agent (s. 9). Penalty not exceeding 107. for obstruction or neglect (s. 11). Owners may make rules, with the sanction of the Board of Trade, for the guidance of their workmen, and annex penalties (not exceeding 21. for any one offence) to any violation of such rules (s. 13). The proceedings for penalties regulated as therein set forth (ss. 14 to 19). PREVENTION OF SMOKE. PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS. To prevent the injury and annoyance arising from dense volumes of smoke, it is provided that in any District to which the Public Health and Local Government Acts are applied, the provisions of the Towns Improvement Clauses Act, 1847, with respect to the prevention of smoke, are to be in force (21 & 22 Vict. c. 98, s. 45); under which Act, every fireplace to be used within the district in the working of engines by steam, or in any mill, factory, dyehouse, brewery, bakehouse, gaswork, or in any manufactory (although a steam-engine be not employed), is to be so constructed as to consume the smoke arising therefrom; or, if existing prior to the application of the Acts, to be made to consume such smoke within two years of such application. Persons using such so as not to consume the smoke, after a month's notice from the Local Board, are liable to a penalty of 40s. a day during any part of which the smoke be not consumed (10 & 11 Vict. c. 34, s. 108). Such provisions do not extend to compel the consumption of all smoke in the manufacture of coke, iron, lime, bricks, earthenware, quarries, tiles, pipes, glass, &c., or the raising of minerals in any District where such provisions are not previously in force, and in which the Board shall resolve that such processes, &c. shall be exempted for not exceeding ten years (which may be renewed); whereupon any Justice may remit the penalty in the case of any person who has as far as possible prevented any nuisance from smoke in the process and during the time so exempted, unless the Secretary of State shall order that such exemption shall no longer continue (21 & 22 Vict. c. 98, s. 45). SMOKE NUISANCE ABATEMENT ACTS (a). In the Metropolis any person using any furnace employed in the working of engines by steam, or in any mill, factory, printinghouse, dyehouse, ironfoundry, glasshouse, distillery, brewhouse, sugar-refinery, bakehouse, gasworks, waterworks, or other buildings used for the purpose of trade or manu (a) By the 8 & 9 Vict. c. 20, s. 14, Engines used on Railways must be constructed so as to consume their own smoke, under a penalty of 51. for every day during which such Engine be used not so constructed. See Manchester & Sheffield Railway Co. v. Wood, 6 Jur. N. S. 70. facture within the Metropolis, which shall not be constructed so as to consume the smoke arising therefrom, or who shall carry on any business which shall occasion any noxious or offensive effluvia, or otherwise annoy the neighbourhood or inhabitants, without using the best means for preventing such smoke or other annoyance, on conviction, is to forfeit not more than 57. nor less than 40s., and for the second offence, 107., and for each subsequent offence double the last preceding penalty (16 & 17 Vict. c. 128, s. 1; and 19 & 20 Vict. c. 107, s. 1). Extended to furnaces employed in baths and washhouses (a) (19 & 20 Vict. c. 107, s. 2). The like penalties for so using any such furnace by the owner or master of any steamvessel on the Thames above London Bridge (16 & 17 Vict. c. 128, s. 2). Extended to between London Bridge and any place on the river westward of the Nore Light (b) (19 & 20 Vict. c. 107, s. 1). The Justice may remit the penalties if satisfied the defendant has consumed, as far as possible, the smoke arising from such furnace (16 & 17 Vict. c. 128, s. 3). On refusal to allow any premises to be inspected, any constable may be authorised by warrant to enter and examine the premises or vessel, &c.: penalty for obstruction not exceeding 207. (s. 4). No information under the Act to be laid except by the authority or direction of the Secretary of State (s. 5), who is not to proceed under the Act against other nuisances besides smoke unless it appear to him that the Local Authorities fail to proceed actively in suppressing such nuisances under the Acts 18 & 19 Vict. cc. 120, 121; 19 & 20 Vict. c. 107, s. 3. (a) By the Metropolis Water Act, 15 & 16 Vict. c. 84, s. 14, every Steam Engine of any Company therein mentioned shall be constructed to consume its own smoke [see "Water Supply"], and by the City Sewers Amendment Act, s. 48 (see note, p. 37), all furnaces within the City of London are to be similarly constructed. (b) A Steam-tug plying between London Bridge and the Nore must be constructed so as to consume its own smoke (Walker v. Evans, 29 L. J. M. C. 22). PUBLIC CONVENIENCES. PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS. For the provision of Public Conveniences, it is enacted that within any district to which the Public Health and Local Government Acts have been applied, the Local Board of Health may provide and maintain, in convenient situations, waterclosets, privies, and other conveniences for public accommodation, out of the General District Rates (11 & 12 Vict. c. 63, 8. 57). METROPOLIS MANAGEMENT ACTS. In the Metropolis the Vestries and District Boards may provide urinals, waterclosets, &c., where they deem such accommodation required (a) out of the sewer rates (18 & 19 Vict. c. 120, s. 88). PUBLIC PLEASURE-GROUNDS. PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS. In any District to which the Public Health and Local Government Acts are applied, the Local Board of Health may provide, maintain, lay out, and improve premises for public walks or pleasure-grounds, and support or contribute towards (a) The Court will not restrain a Metropolitan Vestry from the bond fide exercise of powers vested in them by statute. The Lords Justices: "Assuming that the Vestry were empowered by Act of Parliament to place at their discretion urinals for public use, they could not be considered to be erecting a nuisance when exercising their Parliamentary powers bona fide" (Biddulph v. St. George's Vestry, 2 New Reports, 212). By the City Sewers Act, s. 104 (see note, p. 37) the Commissioners are empowered to provide Public Conveniences within the City of London. any such premises provided by other persons (11 & 12 Vict. c. 63, s. 74). RECREATION GROUNDS ACTS. The Act to facilitate the grant of lands for Recreation Grounds, provides that any such lands may be conveyed to Trustees, to be held as open public grounds for the resort and recreation of adults, and as play-grounds for children and youth, &c., by any donors (22 Vict. c. 27, s. 1), in manner prescribed (s. 2). In the case of grants by municipal corporations, with the approval of the Treasury (s. 3); and parish lands may be so granted by the Churchwardens, &c., with the approval of the Poor Law Board (s. 4). Trustees to be appointed as prescribed, or by the Charity Commissioners (s. 5). Bye-Laws may be made, to be approved by the said Commissioners (s. 6). Personal property not exceeding 10007. may be bequeathed for the provision or maintenance of such grounds (s. 7). The Act for the Protection of Public Gardens, &c., provides that where any garden, &c., has been set apart in any public. square, &c., or public place, for the inhabitants, and the Trustees, &c., appointed for the care thereof have neglected to keep it in proper order, or where such garden, &c., has not been vested in any Trustees, &c., for the care thereof, and has been neglected, the Metropolitan Board of Works within their jurisdiction, and the Corporate Authorities of any City or Borough, are to take charge of the same after notice, &c., or on request, &c., shall vest such garden in a committee of inhabitants, and the Vestry or Board of the Parish or District must defray the expenses of maintenance, &c., by an addition to the rates; or, in the absence of such request, shall vest the same in such Vestry or Board, to be maintained in the manner most advantageous to the public. (26 Vict. c. 13, s. 1). Such Corporate Authorities, &c., may, on request and after inquiry, require that any garden, &c., shall be maintained as such, and protect the same from encroachment (s. 2). Expenses to be defrayed under provisions of the Metropolis Local Management Act or Municipal Corporations Act |