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"boilers were connected with a chimney 168 feet high. On behalf of
"the appellants it was contended that no offence had been committed
"under the 24th Section of the Act, the chimney being the chimney of
"a private dwelling-house. Every reasonable precaution had been taken,
"they said, to prevent any black smoke being emitted, but this, the
"respondents said, formed no defence for their action. The Magistrate
"held as a mixed question of law and fact that the chimney was not the
"chimney of a private dwelling-house, and he ordered the appellants to
"pay a fine of £5 and £5 5s. costs on the first summons, and a fine of
"10s. on each of the other two summonses, and the question for the
"Court was whether his decision was correct in law.
"The Court, without hearing Counsel for the respondents, dismissed
"the appeal.
"Lord Alverstone, C.J., said he expressed no opinion whether
"Section 24 of the Act did not apply to the chimney of a private
"house, because he saw no reason for regarding Queen Anne Mansions
"in the light of a private dwelling-house at all. In his opinion it was a
"large trade establishment, and therefore the decision of the Magistrate
"was right.
"Darling and Channell, J J., concurred.
"Counsel: R. Cunningham Glen, Travers Humphreys. Solicitors :
"Lee and Pemberton, Solicitors to the Corporation."
Extract from "'The Justice of the Peace"for December 19 th, 1903:—
"(Before Lord Alverstone, C.J., Lawrance and Kennedy, JJ.,
"December 9th, 1903.)
"McNair v. Baker.
"Club—Chimney emitting Black Smoke—Private Dwelling-house—Public
"Health (London) Act, 1891, Section 24 (6).
"Case stated by a Magistrate, sitting at the Marlborough Street Police
"Court, raising the question whether the St. James' Club was a private
"dwelling-house within Section 24 (b) of the Public Health (London)
"Act, 1891. The appellant, McNair, a Sanitary Inspector for the City
"of Westminster, summoned the respondent, Baker, for not complying
"with a notice requiring him to abate a nuisance arising from black
"smoke issuing from a chimney on the premises of the St. James' Club.
"The respondent was the Secretary of the Club, and represented the
"Club in the matter. The Club was managed by a Committee, and had
"occupied the premises for thirty or forty years past. Previously they
"were used as the French Embassy. The Club consisted of 750