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ALKALI, &C. WORKS REGULATION ACT 1906 - SECT 23

Actions in case of contributory nuisance.

23.(1) Where a nuisance arising from the discharge of any
noxious or offensive gas or gases is wholly or partially caused by the acts or
defaults of the owners of several works to which any of the provisions of
this Act applies, any person injured by such nuisance may proceed against any
one or more of such owners, and may recover damages from each owner made a
defendant in proportion to the extent of the contribution of that defendant to
the nuisance, notwithstanding that the act or default of that defendant would
not separately have caused a nuisance.

(2) This section shall not authorise the recovery of damages from any
defendant who can produce a certificate from the chief inspector that in the
works of that defendant the requirements of this Act have been complied with
and were complied with when the nuisance arose.

Expenses of district councils.



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© 1906 Crown Copyright

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