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98
SMOKE NUISANCES.
The question of smoke abatement has received much attention during the
year, and the greater part of the time of one of your officers has been engaged
in keeping offending chimneys under observation.
It should be remembered that the Act is very precise as to the character of
the smoke complained of from time to time. Before any successful proceedings
can be taken against offenders in the cases of smoke issuing from a
chimney—not being a chimney of a private dwelling-house—the prosecution
is under the obligation of proving that the smoke was "black."
On this point the City of Westminster invited the co-operation of the City
authorities in endeavouring to obtain the deletion of the word " black " from
Section 24 (b) of the Public Health (London) Act, 1891.
Your Medical Officer of Health having reported that it had been found by
experience that many complaints were received of smoke nuisances that could
not at present be dealt with by reason of the fact that the smoke emitted,
although intolerably objectionable, was not black, but some less pronounced
tint, the Westminster authorities were informed that the Corporation agreed
with their view.
Of late years two important judgments in smoke abatement cases have been
given in the High Court, which are here inserted for the purpose of reference
In each instance the question at issue was the definition of a "private
dwelling-house."
Extract from "The Solicitors' Journal," Vol. XLVI., No. 4, for Saturday
November 23rd, 1901, p. 70:—
"Queen Anne Residential Mansions and Hotel Co. v. Mayor
"of Westminster (Div. Court. 9th November).
"Metropolis—Public Health—Smoke issuing from Chimney in such quantities as
"to be a Nuisance—Block of Residential Flats—Public Health (London) Act
"1891, Section 24.
"Appeal against a conviction under the Public Health (London) Act,
"1891, for unlawfully permitting to be sent forth black smoke from
"Queen Anne Mansions in such quantities as to be a nuisance. Three
"summonses were issued for separate alleged violations of the Act. The
"building consisted of 300 sets of residential chambers, none of which
"were provided with a chimney, there being a general kitchen, in which
"all the cooking is done for the residents. There was a general dining
"room in which the residents might have their meals instead of in their
"rooms. In the basement there were five boilers, used for generating
"steam, for cooking in the kitchen, for warming the building, for
"generating electricity, for lighting, and also for the laundry. The