928

REGISTRATION-SANITARY CONVENIENCES

REGISTRATION OF ELECTORS—Continued.

(2) That there was no evidence before the revising barrister to show that the position of the appellant was an "office" within the meaning of section 33 of the Municipal Corporations Act, 1882, and that neither the revising barrister nor the Court could take judicial notice that the position of a Wesleyan Methodist minister was an "office," and that the revising barrister was right in removing the appellant's name from the list. WILLIAMS V. BLAKEWAY. 69

RES JUDICATA.

Private street works-Decision of justices that street is a highway repairable by inhabitants at large.--See STREETS (12) 337

RIVER POLLUTION.

(1) Putting or causing to be put sludge or deposit into stream-Cleansing mill dam-Matter in suspension-West Riding of Yorkshire Rivers Act, 1894 (57 & 58 Vict. c. clxvi.), 88. 3, 5.6.-The prohibition in section 5 of the West Riding of Yorkshire Rivers Act, 1894, against putting, &c., into a stream within the limits of that Act, any deposit in a reservoir or any sludge, does not render it unlawful to cause matter forming a deposit or sludge at the bottom of a reservoir to pass into a stream by flushing out the reservoir and stirring or scraping the matter into the current of water passing through the reservoir, if, when the matter reaches the stream, it has been converted into matter in suspension in water, so that what reaches the stream cannot fairly be described as deposit or sludge, or even as diluted deposit or diluted sludge.

River Ribble Joint Committee v. Halliwell, 1899, 2 Q. B. 385; 68 L. J. Q. B. 984, followed. WEST RIDING OF YORKSHIRE RIVERS BOARD V. RAWSON.

736

(2) "Stream" or sewer "-Conversion of natural watercourse into sewer-Discharge of manufacturing effluent-Duty of local authority-Local Government Act, 1858, Amendment Act, 1861 (24 & 25 Vict. c. 61), s. 4-Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 17—Rivers Pollution Prevention Act, 1876 (39 & 40 Vict. c. 75)-West Riding of Yorkshire Rivers Act, 1894 (57 & 58 Vict. c. clxvi.), ss. 9, 10, 12, 14.-A conduit, which was originally a natural stream, may be a "sewer" within the meaning of the Public Health Acts, if for a considerable period it has ceased to be to any substantial extent a channel for the conveyance of water, and has become a channel substantially for the conveyance of sewage only. But the mere illegal act on the part of a local authority of discharging sewage into a natural stream in contravention of section 17 of the Public Health Act, 1875, or section 4 of the Rivers Pollution Prevention Act, 1876 (or, while that Act was in force, in contravention of section 4 of the Local Government Act, 1858, Amendment Act, 1861) does not convert the stream into a sewer. WEST RIDING OF YORKSHIRE RIVERS BOARD v. GAUNT & SONS.

ROADSIDE WASTE.-See HIGHWAYS.

SALE OF FOOD AND DRUGS ACTS.-See ADULTERATION.

SANITARY CONVENIENCES.

133

(1) Local Acts-Waterclosets-Substitution of waterclosets for privies-General schemeConsideration of particular case-Committees-Sub-committees-Adoption of recommendation of sub-committee-Manchester Corporation Waterworks and Improvement Act, 1867 (30 & 31 Vict. c. xxxvi.), s. 42—Manchester Corporation Waterworks and Improvement Act, 1869 (32 & 33 Vict. c. cxvii.), s. 34-Manchester Order confirmed by the Local Government Board's Provisional Orders Confirmation (Halifax, &c.) Act, 1881 (44 & 45 Vict. c. lxvi.), Art. 1.-Section 42 of the Manchester Corporation Waterworks and Improvement Act, 1867, provides that the Corporation "may, in any case where a dwelling-house within the city shall be without an ashpit, or without an ashpit of a construction and size approved by the Corporation, order the owner of such house to provide such an ashpit, or to make such alteration, reparation, or enlargement of the existing ashpit as in the opinion of the Corporation the circumstances of the case may require."

By section 34 of an amending Act of 1869 it is provided that in construing the above enactment "the expression 'ashpit' shall be held to include a 'privy.'"

By a clause in a Provisional Order of the Local Government Board, confirmed by an Act of 1881, it is provided that for the purposes of section 42 of the Act of 1867, and section 34 of the Act of 1869, "the expressions 'ashpit and 'privy' shall extend to and be deemed to include any water or other closet for the reception of fæcal matter, and the apparatus connected therewith."

Held, that these enactments empowered the Corporation to order the substitution of one kind of sanitary convenience, such as a watercloset, for another such as a privy.

An order of the Corporation, purporting to be made under the enactments above mentioned, having been made on the appellant, requiring him to substitute waterclosets

SANITARY CONVENIENCES-SEWERS

SANITARY CONVENIENCES-Continued.

929

for existing ashpits and privies on certain property belonging to him, the appellant appealed against the order to quarter sessions, held before the Recorder of Manchester.

At the hearing of the appeal it appeared that the order was made under the following circumstances:-The making of the order was recommended by a sub-committee of the Sanitary Committee of the City Council by a resolution passed at a meeting of the subcommittee at which the appellant was informed that the matter would be considered, and at which he had an opportunity, of which he had not availed himself, of being heard on the question, and after the sub-committee had considered plans prepared with reference to the appellant's property by the city surveyor. The Sanitary Committee afterwards passed, without discussion, a resolution in accordance with the recommendation of the sub-committee. And the minutes of the Sanitary Committee embodying this resolution were, without discussion, approved at a meeting of the City Council, whereupon the order issued.

It was also proved that the uniform practice in exercising the powers given by the above-mentioned enactments with respect to insufficient ashpit or privy accommodation was to order the substitution of waterclosets, and not the alteration or repair of the existing ashpits or privies, except only where there was no sewer available.

The Recorder on this evidence held that the order on the appellant was considered by itself, and not in pursuance of any general scheme, and was made after due and special consideration of the merits of the particular case.

Held, that there was evidence to justify this holding: Wood v. Widnes Corporation, 1898, IQ. B. 463, distinguished.

Held also, that there had been no infringement of the principle that a committee to which powers are delegated cannot, in turn, delegate those powers to a sub-committee: Cook v. Ward (1877), 2 C. P. D. 255, distinguished. AGNEW v. MANCHESTER CORPORATION. 9

(2) Public Urinals-"Proper and convenient situation"-Nuisance-Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 39.-Section 39 of the Public Health Act, 1875, does not empower an urban authority to provide a public urinal in such a position as in fact to cause a nuisance to neighbouring property, even though the authority bona fide consider that the situation selected is proper and convenient, and even though the result of providing the urinal may be to obviate an existing nuisance.

Mason v. Wallasey Local Board (1876), 42 W. R., 246n; Pethick v. Plymouth Corporation, (1894), 42 W. R. 246, considered. LEYMAN v. HESSLE URBAN DISTRICT COUNCIL.

Water supply to waterclosets-Charges--Disused closet.-See WATER (1).

SEAL.-See CONTRACT.

SETTLEMENT.-See Poor Law, Settlement.

SEWERS.

76

719

(1) Connection of sewers with sewers of adjoining district-Proposed sewers-Application to Court for declaratory order-Premature application-Public Health Act, 1875 (38 & 39 Vict. c. 55), ss. 21, 22, 28.--The owners of an estate proposed to develope it as a building estate, and, in alleged exercise of the powers conferred by section 22 of the Public Health Act, 1875, to connect sewers they proposed to lay with the sewer of an adjoining local authority outside the district in which the estate was situated. The adjoining local authority denied their right to make any such connection, and before any houses were built or sewers connected on the estate, and without having any previous recourse to arbitration, the owners commenced an action against the local authority for a declaration of their rights as owners under section 22 of the Act. No evidence was tendered at the trial.

Held, that although the Court had a discretionary power under Order XXV., rule 5, to make a declaration of right whether any consequential relief was claimed or not, it would be exceedingly inexpedient in the circumstances to make any such declaration as was asked. FABER V. GOSFORTH URBAN DISTRICT COUNCIL. 579

(2) "Drain" or "Sewer"-Drainage of group of houses by combined operation-Order of local authority-Evidence-Approval by surveyor only-Delegation of powers by local authority to surveyor-Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), s. 250.-A metropolitan local authority cannot delegate to their officers their power under the Metropolis Management Acts of ordering the drainage of a group or block of houses by a combined operation.

To prove that a pipe draining a group or block of houses in London is a drain, as having been laid pursuant to an order of the proper local authority for the drainage of the group or block by a combined operation, it is generally enough to produce from the records of that authority an application for their sanction to the laying of the pipe marked by the proper officer of the authority as approved, for the proper inference in such a case is that the application received the sanction of the authority. But it is otherwise if at the time of the application the authority had purported to delegate their power of sanctioning such

930

SEWERS-Continued.

SEWERS-STATUTES

applications to the officer in question, for then the proper inference is that the matter was
dealt with by the officer himself and not brought before the authority. HIGH V. BILLINGS. 723

(3) “Drain ” or “Sewer ”—“One building only ”—Pair of semi-detached houses with common
drain-Public Health Act, 1875 (38 & 39 Vict. c. 55), ss. 4, 41.-Whether a pair of semi-
detached houses, having a continuous roof and continuous front wall, are "one building
only" within the meaning of those words as used in the definition of "drain" in section 4
of the Public Health Act, 1875, so that a conduit serving to drain the houses is a "drain," or
whether they are separate buildings so that the conduit is a "sewer," is a question of fact in each
case; and no general rule can be laid down on the point. Hedley v. Webb, 1901, 2 Ch. 126,
considered. HUMPHERY v. YOUNG.
142

(4) "Drain" or "Sewer "-Pipe carrying internal drainage of one house and rain water from
roofs of two or more houses—Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), s. 250.
A pipe which carries off the internal drainage of one house only, but which receives the rain
water from the roofs both of that house and of another not within the same curtilage, is
(unless falling within the exceptions as to drains for the drainage of a block of houses by a
combined operation under the order of a competent authority) a "sewer" and not a “drain”
within the meaning of the Metropolis Management Acts. Holland v. Lazarus (1897), 66
L. J. Q. B. 285, followed. SILLES v. FULHAM BOROUGH.

Conversion of natural watercourse into sewer-Discharge of manufacturing effluent.
See RIVER POLLUTION (2).

Negligent restoration of highway after laying.—See HIGHWAYS (8).

STATUTES.

643

133

81

21 Jac. I. c. 16 (Limitation Act, 1623), s. 3.—See STREETS (10).

29 Car. II. c. 7 (Sunday Observance Act, 1677).-See GAS.

17 Geo. II. c. 3 (Poor Rate Act, 1743), s. I.-See POOR RATE (6).

30 Geo. III. c. lxxxii. (Glamorganshire Canal), s. 67.-See Poor Rate (3).
39 Geo. III. c. xxviii. (Cressage Bridge), s. 11.—See BRIDGE (4).

57 Geo. III. c. xxix. (Metropolitan Paving Act, 1817), s. 65.—See STREETS (6).
3 Geo. IV. c. 126 (Turnpike Roads Act, 1822), s. 84.—See STREETS (18).

5 Geo. IV. c. cxiv. (Teignmouth and Shaldon Bridge), s. 78.—See BRIDGE (3).
10 Geo. IV. c. xlviii. (Oxford Canal Navigation), ss. 4, 24, 26.-See BRIDGE (1).
4 & 5 Will. IV. c. 76 (Poor Law Amendment Act, 1834), s. 57.—See POOR LAW (1).
5 & 6 Will. IV. c. 50 (Highway Act, 1835), s. 33.-See HIGHWAYS (7).

507

501

624

34

393

531

244

235

282
48
845

6 & 7 Will. IV. c. 96 (Parochial Assessments Act, 1836), s. 6.—See Poor RATE (1, 2).
7 Will. IV. &. 1 Vict. c. 45 (Parish Notices Act, 1837), s. 1.-See Poor RATE (6). -
2 & 3 Vict. c. 47 (Metropolitan Police Act, 1839), s. 60 (3).—See Streets (5).

66, 605

624

499

5 & 6 Vict. c. 35 (Income Tax Act, 1842), s. 146, sched. E. rr. 1, 9.-See OFFICERS (2).
6 & 7 Vict. c. xliv. (Merthyr Stipendary Justice), s. 13.-See POLICE (2).

8 & 9 Vict. c. 18 (Lands Clauses Consolidation Act, 1845), ss. 38, 51.—See LAND (1).
▬▬▬▬▬▬▬▬▬▬▬▬ S. 133.-See RATES.

c. 20 (Railways Clauses Consolidation Act, 1845), s. 16.—See HIGHWAYS (4).
s. 68.-See STREETS (15).

704
788

683

9 & 10 Vict. c. 66 (Poor Removal Act, 1846), s. I.-See Poor Law (5).

5, 692

10 & 11 Vict. c. cxxix. (Bristol Improvement Act (1847), ss. 17, 18, 20.—See STREETS (2). 477
12 & 13 Vict. c. 18 (Petty Sessions Act, 1849). See POLICE (2).

810

18 & 19 Vict. c 120 (Metropolis Management Act, 1855), s. 105.—See STREETS (7, 10) 416,507
ss. 105, 250.-See STREETS (8).

462

S. 250.-See SEWERS (2, 4); STREETS (9).

511, 643, 723

23 & 24 Vict. c. cxciii (Metropolitan Meat and Poultry Market Act, 1860), s. II.
See REGISTRATION OF ELECTORS (1).

110

24 & 25 Vict. c. 61 (Local Government Act, 1858, Amendment Act, 1861), s. 4.
See RIVER POLLUTION (2).

133

c. 97 (Malicious Damage Act, 1861), s. 23.-See DAMAGES.

473

c. cxxxvii. (South Essex Waterworks Act, 1861), s. 33.-See WATER (1).

719

STATUTES

STATUTES-Continued.

25 & 26 Vict. c. 102 (Metropolis Management Amendment Act, 1862), s. 77.
See STREETS (8, 10).

———————— s. 96.—See STREETS (7).

27 & 28 Vict. c. 101 (Highway Act, 1864), s. 25.-See HIGHWAYS (1).

28 & 29 Vict. c 83 (Locomotives Act, 1865), s. 4.-See HIGHWAYS (5).

931

462, 507

416

54

833

30 & 31 Vict. c. xxxvi. (Manchester Corporation Waterworks and Improvement Act, 1867),
S. 42.-See SANITARY CONVENIENCES (1).

31 & 32 Vict. c. 121 (Pharmacy Act, 1868), s. 15.-See ADULTERATION (2).

32 & 33 Vict c. cx. (Huddersfield Water Act, 1869), ss. 28, 31, 32.-See WATER (2).

c. cxvii. (Manchester Corporation Waterworks and Improvement Act, 1869), s. 34.
See SANITARY CONVENIENCES (1).

33 & 34 Vict. c. 78 (Tramways Act, 1870), s. 28.-See TRAMWAYS (2).

9

884

118

9

386

ss. 30, 32, 33. See TRAMWAYS (1).

213

c. c. (Brighton Intercepting and Outfall Sewers Act, 1870), ss. 4, 35, 36, 37, 91.
See BOUNDARIES (2).

355

36 Vict. c. 9 (Bastardy Laws Amendment Act, 1873), s. 5.-See POOR LAW (1).
36 & 37 Vict. c. xcv. (Hove Commissioners Act, 1873), ss. 3, 5, 6, 15, 61.
See BOUNDARIES (2)

48

355

38 & 39 Vict. c. 55 (Public Health Act, 1875), ss. 4, 41.-See SEWERS (3).

ss. 4, 150.-See STREETS (15).

s. 17.-See RIVER POLLUTION (2).

ss. 21, 22, 28.-See SEWERS (1).

S. 39.-See SANITARY CONVENIENCES (2).

s. 41. See Drains (1).

ss. 91, 94, 95, 104, 255.-See Drains (2).

ss. 92, 102, 306.—See NUISANCE (2).

s. 149.-See STREETS (18).

s. 150.-See STREETS (11).

ss. 150, 257.-See LANDLORD AND TENANT (7).

SS. 150, 267.-See STREETS (13).

s. 6. See ADULTERATION (1)

s. 174. See CONTRACT (4).

s. 247. See ACCOUNTS.

Sched. III. r. 6.-See MEETING OF OWNERS AND RATEPAYERS.

c. 63 (Sale of Food and Drugs Act, 1875), s. 6.—See ADULTERATION (1, 2).
ss. 6, 7. 20, Schedule.-See ADULTERATION (3).

s. 13.-See ADULTERATION (5).

39 & 40 Vict. c. 61 (Divided Parishes and Poor Law Amendment Act, 1876), s. 34.
See POOR LAW (5).

c. 75 (Rivers Pollution Prevention Act, 1876).-See RIVER POLLUTION (2).
40 & 41 Vict. c. 43 (Justices' Clerks Act, 1877), s. 5.-See OFFICERS (3).
42 & 43 Vict. c. 30 (Sale of Food and Drugs Act Amendment Act, 1879), s. 3.
See ADULTERATION (5).

c. 49 (Summary Jurisdiction Act, 1879), s. 16.—See BYE-LAWS (2, 3).
43 & 44 Vict. c. clxxxi. (Gas Light and Coke and other Gas Companies' Acts Amendment Act,
1880), ss. 7, 9, 15.-See GAS.

501

44 & 45 Vict. c. 34 (Metropolitan Open Spaces Act, 1881), s. 5.-See OPEN SPACE.

98, 696

639

333

266

377, 884

400

28

870

5,692

889
133

567

28

377

753, 825

44 & 45 Vict. c. lxvi. (Provisional Order Confirmation) Manchester Order, Art. 1.
See SANITARY CONVENIENCES (1).

45 & 46 Vict. c. 50 (Municipal Corporations Act, 1882), ss. 12, 39, 87.
See DISQUALIFICATIONS.

―s. 33.-See REGISTRATION OF ELECTORS (3).

46 & 47 Vict. c. 52 (Bankruptcy Act, 1883), s. 32.-See DISQUALIFICATIONS.

c. lvii. (Sheffield Corporation Act, 1883), ss. 25, 26, 29, 30.—See LOANS (2).
47 & 48 Vict. c. 70 (Municipal Elections (Corrupt and Illegal Practices) Act, 1884), s. 20.
See ELECTIONS.

c. 72 (Disused Burial Grounds Act, 1884), s. 3.—See OPEN SPACE.

50 & 51 Vict. c. 32 (Open Spaces Act, 1887), s. 4.-See OPEN SPACE.

c. lxxi. (Wakefield Corporation Act, 1887), ss. 29–31.-See STREETS (12).
51 & 52 Vict. c. 41 (Local Government Act, 1888), s. 57.-See BOUNDARIES (1).
ss. 57, 62.-See ADJUSTMENTS.

ss. 57, 59, 125.-See BOUNDARIES (2).

s. 120.-See Officers (1).

c. 52 (Public Health (Buildings in Streets) Act, 1888), s. 3.-See STREETS (1).
53 & 54 Vict. c. 45 (Police Act, 1890), s. I, Sched. I., Pt. I., Pt. II.—See POLICE (I).
c. 59 (Public Health Acts Amendment Act, 1890), s. 19.—See DRAINS (1, 2).
S. 41.-See STREETS (11).

634

69

634

794

632

98, 696
98, 696

337

585

311

355

63

769

659

441, 899

113

c. 70 (Housing of the Working Classes Act, 1890), s. 21.-See LAND (2).
c. 71 (Bankruptcy Act, 1890), s. 9.-See DISQUALIFICATIONS.

c. ccvii. (Manchester Corporation Act, 1891), ss. 5-12.-See OFFICERS (2).
55 & 56 Vict. c. 57 (Private Street Works Act, 1892), s. 6.—See STREETS (14).

ss. 6-8.-See STREETS (12)

ss. 6-8, 12-14, Schedule.-See STREETS (13).

s. 12.-See Streets (17).

-s. 12, 14.—See LANDLORD AND TENANT (6).

c. 59 (Telegraph Act, 1892), s. 5 (2, b).—See TELEGRAPH.

56 & 57 Vict. c. 53 (Trustee Act, 1893), s. 1 (m).—See LOANS (1).

c. 56 (Fertilizers and Feeding Stuffs Act, 1893), ss. I, 3, 5-7.

See ADULTERATION (4).

c. 61 (Public Authorities Protection Act, 1893), s. 1.-See TELEGRAPH.
c. 73 (Local Government Act, 1894), ss. 6 (1, c), 52 (5).—See Poor Rate (2).

s. 42.-See BOUNDARIES (2).

ss. 54, 68.-See ADJUSTMENTS.

s. 81. See Officers (1).

c. cciv. (West Ham Corporation Act, 1893), s. 41.—See DRAINS (2).

c. ccix. (Harrogate Corporation Act, 1893), s. 27.—See BUILDINGS (1).
57 & 58 Vict. c. clxvi. (West Riding of Yorkshire Rivers Act, 1894), ss. 3, 5, 6.
See RIVER POLLUTION (1).

ss. 9, 10, 12, 14.-See RIVER POLLUTION (2).

c. ccxiii. (London Building Act, 1894), s. 13.-See BUILDINGS (3).

s. 77.-See BUILDINGS (4).

s. 145.-See BUILDINGS (2).

305

765

253

381

292

324

337

206

187

227

777

353

445

777

66

355

311

63

441

275

736

133

519

523

551