Manifestly, it is opposed to the spirit of your Act of Parliament, that any trader or manufacturer should possess the right of diffusing in the vicinity of his house, to the detriment and disgust of his neighbours, any product (whether in the form of running fluid, or volatile dust, or vapour, or smoke, or odour) which is either disagreeable to the senses or may be hurtful to the health. Many of the instances which I have enumerated fall within this description, and yet remain unaffected by the restrictive sections of your Act.
I would submit to the consideration of your Hon. Court, whether, in the renewal of your Act, some comprehensive clause might not be introduced, which should deal with these difficulties, as well as with the nuisance of smoke--and deal with them, too, on the same principle: a clause, which (without enumerating all trades which have been, or possibly may become, sources of nuisance in the City, and without specifying too narrowly the nature of the nuisances to be guarded against) should empower your Commission generally, in respect of every trade practised within the City, to require that its operations shall be conducted with the least possible amount of inconvenience to the neighbourhood; and which should enable you to enforce penalties in case of every nuisance arising in such operations, unless it should be distinctly shown on the part of the proprietor, that every practicable measure for abatement of the inconvenience had been constantly and thoroughly employed.[56]
[56] Such a clause was introduced in the Act of 1851 (see page 193) and has been worked with considerable advantage.--J. S., 1854.
I would beg to express my conviction that your possession of the authority with which such a clause would invest you, would very largely increase your powers of utility, in respect of many acknowledged grievances hitherto beyond your control; and the influence of your example, in the achievement of this great municipal purpose, would, I doubt not, speedily lead to the adoption of general measures throughout the metropolis, for the total suppression of smoke, and for the mitigation of other nuisances which now exist around your territory no less than within it.[57]