Special Part, Illustration. (9)

A. lets to Z. a house, with a chimney near B.’s windows. Z. makes fires in this chimney, and the smoke thereof becomes a nuisance to B. Z. only, and not A., has wronged B., unless A. let the house to Z. with express authority to use that chimney in the manner in which Z. has used it.

Concurrent civil and criminal jurisdiction in case of special damage from public nuisance.61. A Civil Court may make an order for removing a public nuisance at the suit of any person who suffers special damage by that nuisance, notwithstanding that an order for the like purpose might be made by a magistrate.

Note.—The subject of remedies for nuisance appears to be already sufficiently dealt with by the Specific Relief Act (I. of 1877), chaps. 9 and 10, and the Civil Procedure Code, chap. 35, and Form 101 in Sched. 4. Abatement of nuisances by the act of the party wronged without process of law is hardly in use in England, except as against infractions of semipublic rights like rights of common.