Smoke Nuisance (Scotland) Act 1857
| Jurisdiction | UK Non-devolved |
(20 & 21 Vict.) C A P. LXXIII.
[25th August 1857]
'WHEREAS it is expedient to make Provision for the Abatement of the Nuisance arising from the Smoke of Furnaces inScotland :' Be it therefore enacted by the Queen's most Excellent Majesty, by 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, as follows:
I From and after 1st Aug. 1858, all Furnaces within the Limits of the Act to consume their own Smoke.
I. From and after the First Day ofAugust One thousand eight hundred and fifty-eight, every Furnace employed or to be employed in the working of Engines by Steam, whether locomotive or otherwise, in any Place to which this Act shall apply, or on board of any Steam Vessel stopping at or in any such Place, or in or at any Port, Pier, Landing Place, or Harbour within the same, or when plying on any Part of a River which at such Part shall not exceed a Quarter of a Mile in Breadth, and every Furnace employed or to be employed in any Mill, Factory, Distillery, Brewhouse, Sugar Refinery, Bakehouse, Gasworks, Waterworks, (although a Steam Engine be not employed therein,) or in any Public Bath or Wash-house within the same, although such Public Bath or Wash-house shall not be used for the Purposes of Trade or Manufacture, shall in all Cases be constructed or altered so as to consume or burn the Smoke arising from such Furnace; and if any Person or Company shall, after the First Day of August One thousand eight hundred and fifty-eight, use in any such Place, or on board of any such Steam Vessel, my such Furnace which shall not be constructed so as to consume or burn its own Smoke, or shall so negligently use any such Furnace as that the Smoke arising therefrom shall not be effectually consumed or burnt, every Person or Company so offending, being the Owner or Occupier of the Premises or the Owner of the Locomotive Engine in which any such Furnace shall be, or being a Foreman or other Person employed by such Owner or Occupier in connexion with such Furnace, or being the Owner or Master or other Person in charge for the Time being of any such Steam Vessel, shall, upon a summary Conviction for such Offence before the Sheriff or Sheriff Substitute of the County, or any Two Justices having Jurisdiction within the Place within which, or adjacent to the Port, Pier, Landing Place, River, or Harbour in which, the Offence against this Act is alleged to have been committed, where such Place is not a Burgh, and where such Place is a Burgh then before the Sheriff or Substitute of the County within which or within any Part of which the same shall be situate, or before the Magistrate of such Burgh, forfeit and pay a Sum not more than Five Pounds nor less than Forty Shillings, and upon a Second Conviction for such Offence the Sum of Ten Pounds, and for each subsequent Conviction a Sum double the Amount of the Penalty imposed for the last preceding Conviction, and shall also pay to the Local Authority the whole Costs incurred in the Proceedings for the Recovery of any such Penalty.
II Power to remit Penalties where Furnaces have been so constructed or altered as to consume, as far as possible, all Smoke arising from the same.
II. Provided always, That the Words ‘consume or burn the Smoke’ shall not be held in all Cases to mean ‘consume or burn all the Smoke;’ and that the Sheriff Sheriff Substitute, Magistrates, or Justices before whom any Person shall be summoned may remit the...
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