The Northern Daily Times.
Liverpool, Merseyside, England, 1857-05-02 00:00:00

THE SMOKE NUISANCE.

Yesterday, after the usual town business had been
disposed of, the presiding magistrates, Messrs. Aikin and
Chatloner, were called upau to adjudicate upon four
summonses which had been issued at the instigation of the
Health Committee against four of the principal firms in
the town, under a clause in the local sanatory act, for not
consuming their own smoke in the manufactories of which
they were the proprietors. In consequence of the
remarks which had fallen from Mr. Alderman Dover, when
presiding at the Health Committee, as to the amount of
the fines levied by the magistrates in such infringement of
the act of parliament, since which no adjuclicanons had
been made, the cases then to be heard created an unusual
amount of interest among t the parties most
deeply connected with the subject, and there was
a great number of persons present to hear the
cases. The pereens summoned were Mess Joseph
heap and eons, cf the rice mills Upper Pownall-
etseet ; Messrs. Thomes Lightfoot and Sons, of the Rice
Mills, Cherry lane ; Messrs. James Muspratt and Sone, of
the Chemical Works, Vauxhall-road ; and Mr. Win. Hall,
proprietor of the Flour Mills, Regent-street, off Great
Howard-street
The ewes on the part of the Health Committee were
conducted by Mr. M'Gowan; the deputy town-clerk, and
Mr. Wignall, the inspector of smoke nuisances, whils
each party for the defence was represented by one of the
firm summoned or their immediate representative, no legal
gentleman having been retained.
The first case proceeded with was that in which Messrs.
Thomas Lightfoot and Sons, the proprietors of the Rice
Mills in Cderry4ane, were summoned for causing a
nuisance by permitting dense volumes of smoke to issue
froM their works on the 23rd of -April 'neat. Mr. M'Gowan
said be regretted that he should have again to
trouble the bench with hearing three or four other 006;
under the smoke preventim act, but circumstances
had arisen which compelled him to do so. He had only
one or two observations to make on the subject, and as they
would be applicable to each case, he thought he might as
well make them in the first instance. After so many cases
had been decided, and as it had been clearly proved that
there was no necessity far the nuisance existing, as it had
been shown that with a little care and proper management
it could be avoided, he did consider it almost farcical that
such cases should be brought before the bench; but as cer-
tain parties would not take the necessary precautions, the
only redress the csnamittee had was to summons theni
before the magistrates, whom, he hoped, would inflict
such fines as would not alone act as a caution to the de-.
fendante, but would be a warning to other parties ; and he
did hope that the magistrates would put such a pr,ssure
upon the offenders as would show them that such
practices must not be continued. Mrs Wignall,
the inspector of nuke' nuisances, WAS then called
to prove the ease. He stated on the 23-d of
April he visited the defendants works, from which he
found dense volumes of black smoke issuing. Mr.
M.Gtowan t In -viltikt state was the furnaces ? Mr. Wignall :
Very good. Mr. M‘Gosvan With reasonable care, is
there any eecessity for the nuisance? Mr. Wignall:
No, certainly not. I have repeatedly visited the works,
and on one occasion I showed the parties that, not-
withstanding the coals I put into the furnace, there
was no smoke ; but I increased the steam from 421bs to
471bs. Mr. M'Gowan; And you did not cause any smoke ?
Mr. Wignall: No, I did not. Mr. M'Gowan Then, with
proper care and atte Eidetic 3, there -would not be anysmoke.
Mr., Wignall No, certainly not. Mr. M'Gowan : Before
this you have served the 'defendants with notices?
Mr. Wignall: I have; three prior to laying this in-
formation. The witness then went on to explain that he
had prevented all smoke by• leaving the furnace door
open half an inch, which caused a sufficient quantity
of air tenter to cause the combustion of the fuel.
Mr. A iken Thou it is.,your opinion that if ,the door of
the furnace is left slightly open there is no cause for the
smoke? ,Mr. Wignall: „Most certainly, and that I
have shown on more than one obea'sloe; It only re
(piss to be left open 'half an inch,"and it would prevent it.
iaiiintnyg certain
o their4fo
s
Mr. Lightfoot, in his defence, urged that they had done all
stokert a t theys
couldperw e
t(% e preventx tr a
ou thetueo
our
t nuisance, :fins
oai
etn
tpci
rPne,;ea;t.ni t by giving
oases, The Bench decided p
end costs.

The next case gone i.tto was that of Messrs. Joseph
Heap and Sons, of the rice mills; Ulmer Pownall street.
In this case Mr. Wignall proved the fact, that
smoke did issue from the premises on the 24th
of April, though from the efficiency of the works
there was no necessity for it, and also, that before the
information had, been laid, three notices had been given.
Mr. Tomlinson, who appeared for the Mesizs. Heap, denied
the possibility of checking the smoke altogether, and,
therefore, although t ,e fine would rest upon the men, said
he could not in act of justice to them inflict it. Inanswer to
Mr. Aiken, Mr. Wignall stated that it was possible to pre-
vent the smoke from escaping from the works and he proved
it. The same&ne as in the last case was therefore imposed
James'lVluspratt and Sons of the chemical works,
Vauxhall road, wore also summoned for the like offence.
In this case' Mr. 'Bignall clearly proved that the nuisance
could have been prevented with due care and stranger), as
the works were inmost excellent order. Re also stated as
a proof of his assertion, t hathe had known instances in which,
when he had visited the works, his presence had been the
cause of the smoke being stopped, which only showed that
if it could be done at one time. it con d be done at another.
Mr. Fowden, the manager of the works, attempted to show
that the manufactures in which they were engaged pre-
vented. them from consuming their own smoke, but it
having been proved by Mr. Wignall that that was not the
case, the bench fined the defendants Os. and costs as in
the other cases.

William Hall, of the flour mills, Regent-street, was
summoned for the like offence on the 22nd of April.
Mr. Wignall clearly proved that there was no necessity
for the nuisance arising, as the works were amor gat the
best in the town, and the defendant having admitted that
it was entirely through the carelessness of his own
servants, he being ill at the time, a similar fine to that
in the last case was imposed.
It is scarcely necessary to say that the above cases were
most ably conducted by Mr. M'Gowan, the deputy town
clerk, and the evidence given by Mr. Wignall was clear
and conclusive on the real point at issue, which reflects
the greatest credit on these two officers.

COUNTY C OURT.-YEBTERDAY.

(BEFORE JOSEPH POLLOCIC ESQ, JUDGE.)

BAUGH V. THE LONDON AND NORTH WESTERN RAILWAY
COMPANY.—This was an action to receive a 6s. the value
of a chest of cigars entrusted to the plaintiff for conveyar Ce
to Liverpool from Raiford. The plaintiff was Mr. Daniel
Baugh, cigar manufacturer, Wolsteoholme square, Liver:.
pool, Mr. Hime appeared far the plaintiff, and Mr.
Berry fur the defendant. The goods in question had been.
sent by Mr. Baugh to Mr. Sheppard of Newark, and not
being of the class required were sent back. Mr. Baugh
receivel on the 20th of last October an advice note from
the company stating the arrival of the chest of cigars,
their weight, &c., and on which he paid 2s. Od. The
cigars, however, were not sent, and after several efforts
on the part of Mr. Baugh, to recover them, and after con-
siderable correspondence had passed between him and
Mr. Carter, the good's manager of the company, it was at
last found on the 20th of < Noven,ber, that the
cigars had been left in a place usually allotted to
empty parcels, where they had become so wet and
mouldy, and so much deteriorated in value, that they
would either have to bo re-made or else sold as a much
inferior class of cigar. It appeared, however, that when
the chest of cigars was delivered into the custody of the
Great Northern Railway, from which it was brought to
tl e defendants line, there was upon the cover a label having
Mr. Baugh's name and address, but bearing also the
words "empty packsge." It was the habit of Mr. Baugh
to forward to his customers a number of such printed
labels, for the purpose of returning empty packages. In
this instance, the parties sending back the chest inad-
vertently allowed the words "empty package" to remain
unerased. It was stated, however, that the company's
servants were perfectly aware, on receiving The chest, that
it was full of cigars, and that a form of receipt was given
for it, in which it was described as a chest of cigars. The
advice note received by Mr. Baugh was also relied
upon as establishing the company's knowledge of the
contents of the chests. Several witnesses, including
the plaintiff; were examined to prove the non-delivery of
the cigars, and the deteriorated condition in which they
were at last discovered. Mr. Berry contended, on the
part of the defence, that the company's servants were
mislead by the words "empty package" upon the chest ;
and also that the duty of the plaintiff was to have taken
the goods when discovered, sold them for what they would
bring, and then claimed from the company the amount of
his actual loss. Evidence was given, on the part of the
company, to show that they called upon Mr. Baugh to take
delivery of the goods, and then send in his claim for the
amount of damage actually done. His Honour said he
should take time to consider his judgment. It was
mated, however, that the case would probably be settled.

Fox Cum.—A few days ago a fox was discovered 'to
have cubbed the extraordinary numbor of thirteen fine
young cubs in a hedge bettom on the farm of Mrs Milner,
of Crer.swell, held under his Grace the Duke of Portland.
Twelve of them are living and doing well, and promise
to afford many a good run to the hounds and gentlemen
of the hunt during next season.