Any chimney (not being the chimney of a private dwelling-house) sending forth black smoke in such quantity as to be a nuisance. But where a person is summoned before justices for a nuisance arising from a fireplace or furnace not consuming the smoke arising from the combustible used in it, the justices may hold that no nuisance is created within the meaning of the acts and dismiss the complaint, if they are satisfied that the fireplace or furnace is constructed so as to consume as far as practicable, having regard to the nature of the manufacture or trade, all smoke arising from it, and that it has been carefully attended to by the person having the charge of it (c). He will, subject to the bye-laws of the council, be required to inform himself respecting all influences affecting, or threatening to injuriously affect the health of the borough, and to ascertain to what extent the same have depended on conditions capable of removal or mitigation: To systematically at certain periods, and periodically, as occasion may require, inspect, and thereby keep himself informed of the conditions injurious to health existing in the borough ; (c) 18 & 19 Vict. c. 121, s. 8; 29 & 30 Vict. c. 90, s. 19, To advise the council on all matters relating to health; To visit the spot on receiving information of the outbreak of any contagious, infectious or epidemic diseases, and report and advise thereon; To take such steps as may be necessary, on receiving information from the inspector, of nuisances injurious to health, or of any house overcrowding; When required, to inspect and examine any animal and meat, poultry, fish, fruit, vegetables, corn, bread or flour exposed for sale, or deposited for the purpose of sale, or in preparation for sale and intended for the food of man; and, if necessary, cause the same to be seized, in order to be dealt with by a justice. He is to inquire into any offensive process of trade carried on within the borough, and report thereon: To keep specified books, and attend at the council when required. CHAPTER XI. THE SURVEYOR AND INSPECTOR. THE office of surveyor and inspector may be fused, and the appointment will be during the pleasure of the council, with such remuneration as it may think reasonable. As surveyor his duties are numerous. He will have charge of all horses, carts, stores, materials and implements. He will procure (under the direction of the council) all materials necessary for the making and repairing of the streets, roads and sewers, and to see that the same are properly stored and applied. He will have to furnish estimates, specifications and reports; overlook contractors and labourers, and prepare a weekly statement of the men employed, work done, rate of wages, and amount paid. He will be responsible for the management of all sewers, cleansing of ditches, &c. The drainage of houses, construction of new streets and buildings, street improvements, naming of streets and numbering of houses, encroach ments and obstructions, and the lighting arrangements will be under his supervision. As inspector he will be required to diligently overlook the borough, in relation to nuisances injurious to health, and to report on the same: To enforce the removal of filth, house refuse, rubbish and dung; and to see that the streets, gully-holes and urinals are properly swept, watered and cleansed; To inspect slaughterhouses and knackers' premises, and report if not licensed; He is required to report on anything he may find to be noxious or offensive; to inspect shops and places used for sale of articles intended for food; and he has power to seize and submit such articles to a justice. He will dispose of the manure and refuse belonging to the council, serve notices, keep specified books, attend the council and its committees, and generally obey the directions of the council and its bye-laws. The inspector of nuisances, under the Adulteration of Food Act, 1872, has power to institute legal proceedings against persons selling adulterated articles of food, drink or drugs. He is to procure and submit samples of the articles suspected to be adulterated to be analyzed by the analysts appointed under the act, and upon receiving a certificate stating that the articles are adulterated, cause a complaint of an offence against this act by the party selling or adulterating such articles to be made before a justice of the peace; and thereupon such justice shall issue a summons requiring the seller or the adulterator to appear before two justices of the peace at petty sessions to answer such complaint, and such summons shall be served by delivering the same, or a true copy thereof, upon the premises where such samples were obtained or sold; and the expense of such prosecution, if not ordered to be paid by the party complained against, shall be deemed part of the expenses of executing the act. Against a person selling an article of consumption it is implied that it is what it by its common name imports to be (a). Mixed articles may be sold, if at the time of sale they are declared to be mixed. The mixture must not be injurious to health; in this case notice would not protect the seller. Under sect. 3 of the Adulteration of Food Act, 1870, the seller need not declare the ingredients of the mixture to the purchaser (b). Facing and colouring tea is adulteration (c). (a) Fitzpatrick v. Kelly, L. R., 8 Q. B. 337. |