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(though still creating anuisance) the offensiveness of
these factories was in some degree mitigated. It
appeared, however, that the proprietors of these, as
well as the proprietor of Rose-cottage, were infringing
an unrepealed section of the Metropolitan Building
Act, 1844, which enacts, with regard to the business
of a blood-boiler, bone-boiler, &c., and other like
offensive or noxious businesses, that it shall not
be lawful, after the passing of the Act, for
any person to establish or newly carry on any such
business at a less distance than forty feet from any
public way, or than fifty feet from a dwelling-house,
and that if any person establish or carry on such business,
contrary to the Act, then on conviction thereof
before two Justices, such person is made liable to forfeit
for every day during which such business shall be
carried on a sum not exceeding fifty pounds, as the
said Justices shall determine. Mr. Townsend's fac-tory
was within forty feet of a public way and within
fifty of a dwelling-house, and it was determined therefore,
by the order of the Vestry, at once to proceed
against him under the Act. The case was heard before
two of the county Magistrates, on the 26th of
August, 1868, and the defendant was convicted in a
penalty of fifty pounds, which was not to be enforced in
case the premises were closed and the business of
bone-boiler was discontinued entirely within