A BILL INTITULED An Act to abate the Nuisance of Smoke from certain Furnaces and Chimneys. W HEREAS it is expedient to prevent the Injury to the Health and Comfort of the People which is occasioned by the Smoke issuing from certain Furnaces and Chimneys: Be it therefore enacted by the Queen's most Excellent Majesty, by 5 and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of Penalty for suffering January One thousand eight hundred and fifty-one, if Smoke shall smoke to issue from the Chimney of any Furnace herein-after described, except escape. 10 when the Fire of the said Furnace shall be kindled, and for any longer Time than is bonâ fide necessary for kindling the Fire of such Furnace, such Time in no Case to exceed Twenty-five Minutes, the Occupier of the said Furnace shall be guilty of an Offence against this Act, and shall for every such Offence forfeit and pay any Sum 15 not exceeding Five Pounds. of Terms. II. And in order to avoid frequent Use of divers Terms and Construction Expressions, and in order to guard against the Misconstruction of the Terms and Expressions used in this Act: Be it enacted, That whenever in this Act, with reference to any Person, Matter, or Thing, 278. A any Limitation of Act. Complaint any Word or Words is or are used importing the Singular Number or of III. And be it enacted, That this Act shall only be held to extend and to take effect in any Parish or Place which shall have contained Three thousand Inhabitants, or in which there shall have been One 20 Inhabitant for every Acre of Land within the same, at the Time of the general Census which shall have been from Time to Time last taken and published. IV. And be it enacted, That upon Complaint made to any Justice may be made. of the Peace of any Offence having been committed against this Act 25 within the Jurisdiction of such Justice, such Justice shall summon the Person against whom such Complaint shall be made to answer the said Complaint; and if such Person shall not appear according to the Tenor of such Summons, and no sufficient Cause shall be shown for the Nonappearance of such Person, the Justice before 30 whom such Person shall have been summoned to appear shall and may, upon Proof of the Service of such Summons, hear and determine the said Complaint in the Absence of the said Person: Provided always, that every Complaint under this Act shall be made within One Week next after the Cause of such Complaint shall have arisen, 35 and not otherwise. What shall be deemed sufficient Service. V. And be it enacted, That every such Summons may be served by delivering a Copy thereof to the Person complained against, or by leaving a Copy thereof at his usual Place of Abode or Business, or at the Premises in which the Furnace is situated in respect of which 40 the Offence complained of is alleged to have been committed. VI. And the Attend VI. And be it enacted, That any Justice of the Peace to whom any To compel such Complaint shall be made may summon any Witness to appear ance of and give Evidence upon the Hearing of the said Complaint, and by Witnesses. Warrant under his Hand and Seal may require any Person to be 5 brought before him who shall neglect or refuse to appear to give Evidence at the Time and Place mentioned in such Summons, Proof upon Oath being first given of personal Service of the Summons upon the Person against whom such Warrant shall be granted; and it shall be lawful for any such Justice to commit any Person coming or 10 brought before him, who shall refuse to give Evidence, to the Common Gaol or House of Correction for the County, Riding, Division, City, Borough, or Place for which such Justice shall then act, there to remain without Bail or Mainprize, for any Time not exceeding Fourteen Days, or until such Person shall sooner submit 15 himself to be examined; and in case of such Submission the Order of any such Justice shall be a sufficient Warrant for the Discharge of such Person. Evidence. VII. And be it enacted, That if any Person, whether Party or Penalty for Witness, shall, whilst giving Evidence on his Oath or Affirmation in giving false 20 the Course of any Proceeding before any Justice of the Peace under this Act, wilfully give false Evidence touching the Matter of such Proceeding he shall be deemed to be guilty of wilful and corrupt Perjury, and, on Conviction thereof, be liable to such Punishment as may by Law be inflicted on Persons guilty of wilful and corrupt 25 Perjury. VIII. And be it enacted, That if on the Hearing of any Complaint under the Provisions of this Act, it be proved that Smoke was seen to issue from the Chimney mentioned or described in the said Summons contrary to the Provisions of this Act, the Party com30 plained of shall be deemed guilty of an Offence against this Act, unless he shall show that such issuing of Smoke did not constitute an Offence against the same, and that his Furnace is constructed on some approved Plan for the Consumption of the Smoke issuing from the same: Provided always, that in the Case of Furnaces connected 35 with the Manufacture of Iron and Copper, and with Coal Works and Distilleries, the issuing of Smoke for a longer Time than is limited by this Act shall not be held to constitute an Offence against the same, if the Occupier of such Furnace shall prove that the entire Consumption of all the Sinoke issuing from the same is impossible, 40 either from the Nature of the Coal used by him in such Furnace, or from some Practice necessarily connected with his Manufacture, or in consequence of his Furnace being employed in some Manufacture under the Survey of Her Majesty's Excise, and that he has adopted. 278. and. Proof of Of fence against this Act. Recovery of If no sufficient Dis ers to be committed. and carefully used some well-approved Method for the Consumption of the Smoke issuing from such Furnace, and endeavoured to the best of his Power to abate the Nuisance arising from the same. IX. And be it enacted, That all Penalties by this Act imposed shall be recovered before any Two or more Justices of the Peace for 5 and acting within the Jurisdiction wherein any such Offence shall have been committed, or shall be charged or shall appear to have been committed, either by Confession of the Party or Parties offending, or by the Evidence of One or more Witness or Witnesses upon Oath or Affirmation (which Oath or Affirmation such Justices of the 10 Peace are hereby required to administer); and the Person or Persons making any such Complaint is and are hereby declared to be, and is and are hereby rendered, in any and every such Case a competent Witness or competent Witnesses. X. And be it enacted, That where any Distress is directed to be 15 tress Offend- made, levied, or taken by this Act, and sufficient Effects to answer the said Distress shall not be found, and the Penalties, Costs, Charges, and Expenses attending the same shall not be forthwith paid, it shall and may be lawful for such Justices of the Peace, and they are hereby authorized and required, by Warrant or Warrants under their Hands 20 and Seals, to cause the Offender or Offenders to be committed to the Common Gaol or House of Correction of the County, Riding, Division, City, Borough, or Place aforesaid, there to remain without Bail or Mainprize for any Time not exceeding Three Calendar Months, unless such Penalties, and all such Costs, Charges, and Expenses 25 shall be sooner paid and satisfied; and all such Penalties, if not forthwith paid, shall and may be levied by Distress and Sale of the Goods and Chattels of the Person or Persons offending, by Warrant or Warrants under the Hands and Seals of such Justices, which Warrant or Warrants such Justices are hereby empowered and required to 30 grant; and the said Penalties, when received or recovered, (rendering the Overplus, if any there be, after deducting all the Costs, Charges, and Expenses of any Summonses, Complaints, Hearings, Warrants, and of such Distress, and the Keeping, Appraisement, or Sale thereof, or otherwise relating thereto, unto the Person or Persons whose 35 Goods and Chattels shall be so distrained and sold,) shall be paid, under the Direction of such Justices, in aid of the Rates raised for the Relief of the Poor in the Parish or Place where the Offence shall have been adjudged to have been committed. Party con XI. And be it enacted, That if any Occupier as aforesaid, upon 40 victed may being convicted of any Offence against this Act, shall pay the Penalty and Costs which may be awarded against him, and shall charge that recover of any other Person. the the said Offence was committed through the Negligence or wilful Misconduct of any other Person, it shall be lawful for any Justice of the Peace for the County, Riding, Division, City, or Place where the said Offence is alleged to have been committed to summon such 5 other Person before Two or more such Justices to answer the said Charge; and if the said Occupier shall satisfactorily prove that the said Offence was wholly or in part caused by the Negligence or wilful Misconduct of such other Person, the Justices by and before whom the said Charge is heard and determined shall order the whole 10 or such Part as they shall think fit of the Penalty and Costs which have been adjudged to be paid by the said Occupier to be reimbursed to him by such other Person, and the Money so ordered to be reimbursed shall be recovered in like Manner as Penalties under this Act may be recovered: Provided always, that if at the Time of any 15 such Order being made as is last mentioned such other Person be in the Receipt of or entitled to receive any Wages from such Occupier, or any Copartnership of which such Occupier is a Member, it shall be lawful for the said last-mentioned Justices to authorize such Occupier to deduct the Money so ordered to be reimbursed to him as aforesaid 20 out of the Wages then or thereafter to become due from him or his Copartnership to such other Person, either in One Sum or by such Instalments as the said Justices shall think fit. XII. And be it enacted, That nothing in this Act contained shall Act not be construed to render lawful any Act or Omission on the Part of to affect Nuisances 25 any Person which is, or but for this Act would be deemed and ad- at Common judged to be, a Nuisance at Common Law, nor to exempt any Person Law. guilty of a Nuisance at Common Law from Prosecution or Action in respect thereof according to the Forms of Proceeding at Common Law, nor from the Common Law Consequences upon a Conviction 30 thereof: Provided always, that if any Person convicted of an Offence under this Act shall have paid the whole Amount adjudged to be paid under such Conviction, and the Costs thereof, in every such Case he shall be released from all further or other Proceedings, civil or criminal, for the same Offence. 35 XIII. And be it enacted, That any Justices of the Peace by or Form of before whom any Person shall be convicted of an Offence against this Conviction. Act shall and may cause the Conviction of such Person to be drawn up according to the Form given in the Schedule to this Act; and no Conviction or other Proceeding before or by any Justices of the Peace, 40 or any Order, Determination, or other Proceeding under or in pursuance of this Act, shall be adjudged to be void or insufficient for Want of Form, nor shall any such Conviction, Order, or other Proceeding be removed by Certiorari into Her Majesty's Court of Queen's Bench, unless 278. B |