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by smoke) so as to read and have effect as if the word "black" were omitted
from paragraph (&), which now reads as under—
(b) "Any chimney (not being the chimney of a private dwelling
"house) sending forth black smoke in such quantity as to be a nuisance
"shall be a nuisance liable to be dealt with summarily."
It is also proposed to extend this section so as to apply to chimneys of—
(a) "Any factory or workshop as defined by the Factory and Work"shop
Act, 1901, belonging to or used by the Crown, and—
(b) "Any building or place in which any operation or process is
"carried on under statutory powers."
The expression "chimney" is to include any opening through which
smoke is emitted.
This will be a most useful alteration, as local authorities have been deterred
from taking offenders into Court owing to the difficulty of proving that the
smoke causing the nuisance was "black."
The Council seek powers to enforce certain provisions of the Public
Health (London) Act, 1891, as under:—
(1) In any case in which a sanitary authority request them so to do,
it shall be lawful for the Council, in lieu of such sanitary authority, to
enforce the provisions of Section 23 (furnaces and steam vessels to
consume their own smoke), and of the said Section 24 of the Act of
1891 as amended and extended by this part of the Bill.
(2) Without prejudice to the powers conferred upon the sanitary
authorities by Section 14 (power to proceed where cause of nuisance
arises without district) of the Act of 1891, it shall be lawful for the
Council to enforce the provisions of the said section in the case of any
nuisance from smoke which appears to be wholly or partially caused by
some act, default, or sufferance committed or taking place without the
county, and affecting the inhabitants of the county : provided that in any
case in which the Council institute proceedings under this sub-section, it
shall not be lawful for any sanitary authority to institute proceedings in
respect of the same nuisance.
(3) It shall be lawful for the Council to enforce the provisions of the
said Sections 23 and 24 of the Act of 1891, as amended and extended by
this part of the Bill, in their application to any building or premises
belonging to or used by a sanitary authority, and fireplaces or furnaces
therein, and chimneys thereof.