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75
After the hearing and determination by me, John Rose,
one of the Magistrates of the Police Courts of the Metropolis
sitting at the Greenwich and Tower Bridge Police Courts,
on the 23rd day of May and 28th day of September last,
respectively, of an information by the Appellants against the
Respondents which I had power to determine in a summary
way, the Appellants being dissatisfied with my determination
as being erroneous in point of law, duly applied to me to
state and sign a Case under the provisions of 20 and 21 Vict.
c. 43, s. 2, and 42 and 43 Vict. c. 49, s. 33, for the opinion
of the King's Bench Division of His Majesty's High Court
of Justice, and I accordingly state and sign the following.
Case.
1. The Appellants are the Greenwich Borough Council
and the Respondents are the London County Council.
2. On May 23rd, 1911, at the Greenwich Police Court,
and on September 28th, 1911, at Tower Bridge Police Court,
the Respondents appeared before me in answer to a summons
issued on an information which had been laid against them byCharles
Turle Wilson on behalf of the Greenwich Borough
Council, the Appellants in this case.
3. The information alleged that the Respondents on or
about the 9th November, 1910, did unlawfully make default
in complying with the requisitions of a certain notice dated
the 5th November, 1910, and served upon them on the 6th
November, 1910, by the Appellants under the provisions of
Section 4 of the Public Health (London) Act, 1891, and
requiring them to abate and do what might be necessary to
prevent the recurrence at their premises situate and being the
Electric Power Station, East Greenwich, in the said Borough,
of a nuisance caused by a chimney (not being the chimney of a
private dwelling house) sending forth black smoke in such
quantity as to be a nuisance, and that the same or a like
nuisance had recurred at the said premises on the 9th day of