NOXIOUS VAPOURS. 
679 
recommend that the provision of the Smoke Prevention Act 
respecting offensive trades should be made of universal appli¬ 
cation; that gases evolved in manufacturing processes from 
furnaces or chimneys should be placed on the same footing 
as smoke from furnaces; that full effect should be given to 
the 23rd and 24th Viet., c. 77, s. 13 ; that medical inspectors 
when appointed, should have the right of free access to all 
works productive of noxious vapours at all hours when such 
works are in operation; that the power on the part of the 
defendant of demurring to the jurisdiction of the magistrate 
should be abolished, and, if any appeal be allowed to the 
superior courts, they would be inclined to restrict it to cases 
in which the magistrate should certify that they involved 
questions of law fitting to be there heard and decided. 
While, however, the committee think that the alterations they 
have suggested will be found adequate for the more ordinary 
nuisances, yet, looking to the very serious injury caused by 
alkali and other chemical works of a like description, to the 
great extent of those trades, and to the proved and admitted pre- 
ventibility of any nuisance by proper precautions, they concur 
with manufacturers engaged in those trades, that they ought to 
be dealt with by special legislation. They do not hesitate to 
express their opinion that the legislature should not attempt to 
prescribe the specific process by which the nuisance should 
be prevented, but that a substantial penalty should attach to 
the escape of gas or vapour during the process of manufac¬ 
ture ; that any person should be at liberty to sue for such 
penalty; and that it should be recoverable at quarter sessions, 
without appeal to the superior courts, except in cases in 
which the magistrate should certify that they involved ques¬ 
tions of law fitting to be there heard and decided. But the 
committee feel bound to record their opinion, that, for the 
effectual suppression of this nuisance, it will be necessary 
that inspectors, properly qualified, should be appointed, who 
should at all times have free access to the works, with or 
without notice, so far as may be necessary for ascertaining 
that nuisance is effectually prevented, and who should be 
officially charged with the duty of enforcing the law; and, 
without desiring to imply any suspicion of the local autho¬ 
rities, they concur in the opinion, expressed by more than 
one witness, that such inspectors, by whomsoever appointed 
and paid, should be wholly independent of all local control, 
and removed as far as possible from all local influence. The 
committee have reason to believe that, in framing a measure 
on these principles, her Majesty’s government will have the 
cheerful co-operation of all the most respectable manufacturers 
engaged in the trades affected by it. 
