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house, or in any mill, factory, printing-house, dye-house, iron
foundry, glass-house, distillery, brew-house, sugar refinery, bakehouse,
gas works, waterworks, or other buildings used tor the
purpose of trade or manufacture (although a strain engine be not
used or employed therein), shall be constructed so as to consume
or burn the smoke arising from such furnace.
(2) If any person being the owner or occupier of the
premises, or being a foreman or ether person employed by such
owner or occupier:
(a) Uses any such furnace which is not constructed so as to
consume or burn the smoke arising therefrom; or
(b) So negligently uses any such furnace as that the smoke
arising therefrom is not effectually consumed or burnt;
or
(c) Carries on any trade or business which occasions any
noxious or offensive effluvia, or otherwise annoys the
neighbourhood or inhabitants, without using the best
practicable means for preventing or counteracting
such effluvia or other annoyance:
such person shall be liable to a fine not exceeding five pounds,
and on a second conviction to a fine of ten pounds, and on each
subsequent conviction to a fine double the amount of the fine
imposed on the last preceding conviction.
(4) Provided that in this Section the words "consume or
burn the smoke," shall not be held in all cases to mean "consume
or burn all the smoke," and the Court hearing an information
against a person may remit the fine if of opinion that such
person has so constructed his furnace as to consume or burn as
far as possible all the smoke arising from such furnace, and has
carefully attended to the same, and consumed or burned as far
as possible the smoke arising from such furnace.