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or crushing hones, or any manufactory, building, or place used for any trade, business,
process, or manufacture causing effluvia, be at any time certified to the local authority
by any medical officer, or any two legally qualified medical practitioners, to be a nuisance
or injurious to the health of the inhabitants of the neighbourhood, the local authority
shall direct complaint to be made before any justice, who may summon before any two
justices in petty sessions assembled at their usual place of meeting the person by or in
whose behalf the work so complained of is carried on, and 6uch justices shall inquire into
such complaint, and if it shall appear to such justices that the trade or business carried on
by the person complained against is a nuisance, or causes any effluvia injurious to the
inhabitants of the neighbourhood, and that such person shall not have used the best
practicable means for abating such nuisance or preventing or counteracting such effluvia,
the person so offending (being the owner or occupier of the premises, or being a foreman
or other person employed by such occupier), shall upon a summary conviction for such
offence, forfeit and pay a sum of not more than 5l. nor less than 40s., and upon a second
conviction for such offence the sum of 10l., and for each subsequent conviction a sum
double the amount of the penalty imposed for the last preceding conviction, but the
highest amount of such penalty shall not in any case exceed the sum of 200l.: Provided
always, that the justices may suspend their final determination in any such case, upon
condition that the person so complained against shall undertake to adopt, within a
reasonable time, such means as the said justices shall judge to be practicable, and order
to be carried into effect for abating such nuisance, or mitigating or preventing the
injurious effects of such effluvia, or shall give notice of appeal in the manner provided by
this Act, and shall enter into recognizance to try such appeal, and shall appeal accordingly:
Provided always, that the provisions hereinbefore contaiced shall not extend or bo
applicable to any place without the limits of any city, town, or populous district.
As will be seen, the Act does not require it to be proved that the
nuisance is actually injurious to health; indeed this would be most
difficult to establish, as the workmen employed on Messrs. Cook's
premises are not affected by the odour, but enjoy good health. Undoubtedly,
however, human comfort in the neighbourhood is seriously
interfered with by the fumes given off during the process of tallow melting,
the depressing odour (as was easily proved) occasioning nausea,
headache, lassitude, and other symptoms. These may not be immediately
identified with disease, but it is certain that no one will remain in a
disagreeable atmosphere who can possibly get out of it. Serious damage
of a pecuniary kind is thus inflicted on the owners of house property in
the vicinity.
Accordingly, on the 31st August, the summons was heard at "Worshipstreet.
After hearing the medical evidence in support of the summons,
which went to prove that the best practicable means had not been
used to abate the nuisance, it was arranged between counsel on both
sides that the case should be adjourned, and that a conference should be