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59
SMOKE NUISANCE.
As to the abatement of the smoke nuisance within the district,
upon the Committee considering the matter, I presented the following
report: -
Smoke Consumption.
" The smoke consumption in a district such as Poplar forms a
very important item in conserving the health of the inhabitants, and
there can be no doubt that the smoke consumption being watched
by all the sanitary officers on their respective areas, the nuisance
arising from the neglect of such consumption will be more quickly
abated.
" As explained to the Sanitary Committee at their last meeting great
care will have to be observed before instituting legal proceedings for
obtaining penalties in respect of smoke nuisances, as it must be
ascertained at the time of the nuisance who is the person guilty—
the master, under Section 23 (1) of the Public Health (London)
Act, 1891, in not having proper appliances, or the servant, under
Section 23 (2) of the Public Health (London) Act, 1891, for not
using such appliances. Of course, the fuel used will have to be
taken into consideration. Section 23 deals with smoke consumption
as a specific offence, but Section 24 deems smoke to be a nuisance
requiring the service of statutory documents, and the master is held
to be responsible even if his servant be negligent."
By Section 23 (5) of the Public Health (London) Act, 1891 :—
" It shall be the duty of every sanitary authority to enforce the
provisions of this section and an information shall not be laid for the
recovery of any fine under this section except under the direction of
a sanitary authority."
But by Section 24 of the same Act smoke nuisances.
" Shall be nuisances liable to be dealt with summarily under this
Act and the provisions of this Act relating to those nuisances shall
apply accordingly."