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139
With respect to the above proceedings, the summonses
against a firm in Church Road, which were issued for causing a
nuisance from the emission of black smoke on seven specified
occasions, came on for hearing before Mr. De Grey, on 10th
April, 24th April, and 8th May. The learned magistrate dismissed
six of the cases on the ground that he was not satisfied
that black smoke had been emitted in such volume as to be a
nuisance. In the seventh case he was however satisfied that a
nuisance had arisen, and the defendants were fined 20s. and
23s. costs. Four of these cases had been reported by the
Council's Inspector, and three by the Coal Smoke Abatement
Society's officer. The case in which a conviction was obtained
was one of three reported by the Society's representative, who
in his evidence stated that on the date mentioned in the summons
he observed black smoke emitted from the chimney shaft
in sufficient quantity as to beat down into Church Road and
settle upon the ground. The Council's Inspector was unable
to go so far in his evidence as this, although the nuisances
observed by him were of considerable duration.
Counsel for the defendant firm contended that it was not
sufficient for the Sanitary Authority to be satisfied upon the
evidence of their officers that black smoke had been emitted in
such quantity as to be a nuisance, but that the magistrate was
the person to be satisfied. This view was upheld by the magistrate,
with the results mentioned.
The question of what really constitutes a nuisance from
the emission of black smoke is the subject of varying
decisions by magistrates, and unless the sanitary authority
is prepared to produce evidence to satisfy a magistrate
of the existence of a nuisance of a very serious
character, the probability of obtaining a conviction is
remote. The recent cases of the Chelsea Borough Council
against the Central London Generating Station, which were
dismissed by the magistrate, with 300 guineas costs against
the Council, emphasise the need for the adoption of some
uniform standard. The constant pollution of the atmosphere