327 CHAPTER XVIII. PREVENTION OF SMOKE. their own EVERY fireplace or furnace newly constructed in the district, Fireplaces of in order to be used in the working of steam-engines, or in any factories, etc., mill, factory, dyehouse, brewery, bakehouse, gas-works, or in to consume any manufactory (although a steam-engine be not used therein), smoke. must be so constructed as to consume its own smoke. Every 21 & 22 Vict. existing fireplace or furnace used for any of these purposes, c. 98, s. 45. not so constructed, must within two years after the application 10 & 11 Vict. of the Act to the district be so altered in its construction as to c. 34, s. 108. consume its own smoke. If any such fireplace or furnace not so constructed within Penalty. the district be used, or be used so negligently as not to consume Ib. the smoke arising therefrom, the person offending is liable to a penalty of 40s. for every day during any part of which the fireplace or furnace is so used, after one month's notice in writing shall have been given to the owner or occupier of the furnace or fireplace by the Local Board to remedy or discontinue the use of it. The Sanitary Act, 1866, also contains provisions with regard to the prevention of nuisances arising from smoke which will be found treated of in the fourth part of this work. With reference to the foregoing provisions the following Locomotive cases may be cited. By sect. 114 of the 8 Vict. c. 20, "every steam-engine. locomotive steam-engine to be used on a railway shall be constructed on the principle of consuming and so as to consume its own smoke; and if any engine be not so constructed the company shall forfeit £5 for every day during which such engine shall be used on the railway." Where, under this statute, justices convicted a railway company on the ground that one of their engines did not, in fact, consume its own smoke, the Court remitted the case to the justices, with their opinion that if the engine was constructed on the principle required by the statute, and the not consuming its own smoke was occasioned by the negligence of the servants of the company, the company were not liable. (1) Again, where by 19 Steam& 20 Vict. c. 107, s. 1, "all steam-vessels plying to and fro engines. between London Bridge and any place on the river Thames to the westward of the Nore Light," are liable to penalties for not consuming their own smoke, it was held that a steam-vessel not (1) Manchester, Sheffield, and Lincolnshire Railway Company, v. Wood, 6 Jur. (N. S.) 70; 29 L. J. Processes Remission of penalty. Ib. Rotherham and Kimberley district. 15 & 16 Vict. c. 42, s. 3. carrying passengers, but employed in towing ships for hire to and from the various docks on the Thames, for the most part between London Bridge and the Nore Light, but occasionally going eastward of the Nore Light as far as the Downs, was within the statute when towing a ship from Limehouse to Blackwall. (1) The nuisance arising from smoke alone, unaccompanied by noise, or from noise alone, or effluvia alone, may be the subject of substantial damages in an action at law; and wherever a jury would give substantial damages at law in respect of any of these causes of action, an injunction will be granted to restrain the continuance of them, (2) and the mere discontinuance of a nuisance after the filing of a bill for an injunction is not in itself a ground for dissolving it. Where the nuisance is of a nature to be capable of renewal, the injunction will be made perpetual. (3) The above mentioned provisions in 21 & 22 Vict. c. 98, s. 45, with respect to the prevention of smoke, do not extend to compel the consumption of all smoke in the case of all or any of the processes following; that is to say to the coking of coal, the calcining of ironstone or limestone, the making or burning of bricks, earthenware, quarries (sic), tiles, or pipes, the raising of any mines or minerals, the smelting of iron ores, the refining, puddling, shingling, and rolling of iron or other metals, or to the melting or casting of iron into castings, or to the manufacture of glass in any district where the above provisions for the prevention of smoke are not now in force, in which the Local Board resolve that any one or more of such processes should be exempted from penalties for not consuming all smoke for any time specified in such resolution, not exceeding ten years, which may be annually renewed for a similar or any shorter period, if the Board think fit. Any justice or justices before whom any person is summoned may remit the penalty in any case within such district in which he or they are of opinion that such person has adopted the best known means for preventing any nuisance from smoke, and has carefully attended to the same, so as to consume, as far as possible, the smoke arising from any process so exempted during such time as the resolution shall extend to, unless an order be issued by a Secretary of State directing that such exemption shall no longer be continued in the district to such processes, or any of them, after a time specified in the order. No conviction for any of the above mentioned offences can take place within the Rotherham and Kimberley district, except in the case of furnaces for generating steam, unless it be proved that it is practicable, by some means in use, to consume (1) Walker, app., Evans, resp., 6 Jur. (N. S.) 71; 1 L. T. (N. s.) 59; 29 L. J. M. C. 22. (2) Crump v. Lambert, 15 L. T. 409. (N. S.) 600; L. R. 2 Eq. (M. R.) the smoke arising from the combustibles used in the furnace or fireplace in respect of which the complaint is made. The Birmingham Improvement Act, 1851, which incroporates Birmingham. the 10 & 11 Vict. c. 34, provides that the justices before whom any person is summoned for an offence under s. 108, may remit the penalties if they shall be of opinion that such person has so constructed or altered his furnace as to consume as far as possible all the smoke arising from it, and has carefully attended to the same and consumed as far as possible the smoke arising from such furnace. The defendant, a wire-drawer, having been convicted of negligently using his furnace so as not to consume its smoke, and the evidence being to the effect that the quantity of smoke emitted might be greatly reduced by keeping partially open the door of the fireplace, or by the use of a ventilator, actually attached to the fireplace, but not used; but that if the external air were thus admitted the temperature of the furnace would not be uniform, and that the process of annealing the metal for the purpose of making wire would be rendered impossible, the Court quashed the conviction, holding that the effect of the qualification introduced by the local Act was to exempt from a penalty where the smoke was consumed as far as possible, consistently with carrying on the trade in which the furnace was used. (1) (1) Cooper, app., Woolley, resp., L. R. 2 Exch. 88; 36 L. J. M. C. 27 ; 15 L. T. (N. s.) 539. During processions, etc. 21 & 22 Vict. c. 98, s. 44. 10 & 11 Vict. c. 89, s. 21. CHAPTER XIX. OBSTRUCTIONS AND NUISANCES IN STREETS. WITH respect to obstructions and nuisances in the streets within the district, the Local Board may make orders for the route to be observed by all carts, carriages, horses, and persons in times of public processions, rejoicings, or illuminations, and generally for observing order in the streets. A wilful breach of any such order subjects the offender to a penalty not exDuring Divine ceeding 40s. The Board may also, on application by the minister, churchwardens, or chapelwardens, of any church or chapel, make orders for regulating the route by which persons shall drive in the neighbourhood of the church or chapel on Sundays and fast-days, etc., and a breach of any such order likewise subjects the offender to a penalty not exceeding 40s. But proprietors of stage-coaches are exempted from compliance with such orders when in the line of route specified in their license. service. Ib. s. 22. Stage- Ib. s. 23. Ib. s. 24. Ib. s. 25. Pound breach. Ib. s. 26. Pound to be provided. Ib. s. 27. Offences in streets. Ib. s. 28. Horses, etc. Cattle at large in any street within the limits of the district may be impounded and detained until the owner pay to the Local Board a penalty not exceeding 40s. besides expenses of keep; and if the penalty and expenses be not paid, the cattle may be sold to defray them, and the overplus is to be paid to the owner on demand. Persons guilty of pound breach are liable to be committed to prison for any time not exceeding three months. For the above mentioned purposes the Local Board may purchase land and erect a pound thereon, which they are to keep in repair. The Local Board are bound to provide a proper pound for the purpose; and even though the distress may be placed in the manor pound, if there should be one, they will be liable to pay for any injury that the cattle may meet with in the pound, unless it was in a proper condition when the distress was placed there. (1) Persons in any street, to the obstruction, annoyance, or danger of the residents or passengers, committing any of the offences undermentioned are liable to a penalty not exceeding 40s. for each offence, or to be committed to prison for a period not exceeding fourteen days. Exposing for show, hire, or sale, except in markets or fairs, horses or other animals; exhibiting shows, or public entertainments; shoeing, bleeding, or "farrying" horses or animals, except in cases of accident; (1) Bignold v. Clarke, 2 L. T. (N. s.) 189. cleaning, dressing, exercising, training or breaking, or turning loose horses or animals, or making or repairing carts or carriages, except in cases of accident where repair on the spot is necessary; suffering unmuzzled dogs to be at large; Mad dogs. setting on or urging dogs or other animals to attack or put in 10 & 11 Vict. fear any person or animal; suffering rabid or dogs suspected to c. 89, s. 28. be rabid to be at large; slaughtering or dressing cattle, except etc., cattle. Slaughtering, when overdriven, or when for the public safety they ought to Ib. be killed on the spot; riding on shafts of waggons, etc., or in Waggons, them without reins, or being at a distance so as not to have carts, etc. control over the horses, or keeping on the wrong side of the way, or obstructing the street and wilfully preventing persons or carriages passing; driving more than two carts or waggons without having the halter of the horse in the last cart, etc., properly fastened; furiously driving; causing carriages, etc., to Driving, etc. stand longer than is necessary for loading, etc.; interrupting Ib. public crossings, obstructing public footways; causing trees, timber, or iron beams to be drawn upon carriages without sufficient means of guiding the same; driving or fastening Ib. etc. horses on footways; placing furniture, goods, etc., on footways Obstructions or projections over them less than eight feet from the ground; to footways, placing, hanging up, or otherwise exposing to sale goods pro- Ib. jecting over the footway so as to obstruct the public passage thereon; rolling or carrying casks, hoops, timber, etc., on footways; placing lines, cords, or poles across streets, or hanging clothes thereon; loitering for the purpose of prostitution; ex- Prostitution. posing the person; offering for sale or distribution obscene Obscene books, etc. books, etc. (additional powers are given by Lord Campbell's Ib. Act, 20 & 21 Vict. c. 83, for the suppression of the trade in obscene books, prints, drawings, and other obscene articles, and enables the justices to authorize search to be made of the suspected premises); singing profane or obscene songs, or using profane or obscene language; discharging fire-arms; c. 139, s. 9. letting off fireworks, or making bonfires (with regard to fire- Fireworks, works it is enacted by the Gunpowder Act, 1860, that if any etc. person throw, cast, or fire, or aid or assist in throwing, casting, 23 & 24 Vict. or firing any squib, serpent, rocket, or other firework in or into any thoroughfare or public place, he shall for every such offence forfeit any sum not exceeding £5); wantonly ringing doorbells, or knocking at doors (the mere fact of a man being Ringing bells, instructed to deliver papers at the house of a third person is etc. c. no answer to a complaint against him under the 10 & 11 Vict. 10 & 11 Vict. c. 89, s. 28, charging him with having wilfully and wantonly C. 89, s. 28. disturbed the party and his family by violently knocking and ringing at the door at an unreasonable hour of the night); (1) unlawfully extinguishing lights of lamps; flying kites; sliding Other obupon ice or snow; cleaning casks, etc.; cutting timber or structions and stone; slaking, sifting, or screening lime; throwing or-laying (1) Clarke, app., Hoggins, resp., 11 C. B. (N. s.) 545. nuisances. Ib. |