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marsh, to be fed by the Lea water. The effluent from the abovenamed
farm enters the river just above the point where the bathing
pool is placed; so that when in use the latter will receive most of
the effluent water. It is obvious that water, little removed from
sewage, is not fit to be turned into a bathing pool. I am of opinion
that it is the duty of the Lea Conservators to prevent this nuisance;
but in the failure of this body to do their obvious duty, either the
Local Authority, or the London County Council, or both, should
press the Conservators to bring an action against the offending Local
Boards to compel them either to produce a pure effluent, or to turn
it into some other channel. Such proceedings would of course be
taken under the following provisions of the Rivers Pollution Acts.
Section III. Part 2 of the Rivers Pollution Prevention Act,
1876—
III. Every person who causes to fall or flow, or knowingly permits to
fall or flow, or to be carried into any stream, any solid or liquid sewage
matter, shall (subject as in this Act mentioned) be deemed to have committed
an offence against this Act.
Where any sewage matter falls or flows or is carried into any stream
along a channel used, constructed, or in process of construction, at the date
of the passing of this Act for the purpose of conveying such sewage matter,
the person causing or knowingly permitting the sewage matter so to fall or
flow, or to be carried, shall not be deemed to have committed an offence
against this Act if he shows to the satisfaction of the court having
cognizance of the case, that he is using the best practicable and available
means to render harmless the sewage matter so falling or flowing or carried
into the stream.
Section IX. Part 4.
IX. The Conservancy Board constituted under the Lea Conservancy
Act, 18G8, shall, within the area of their jurisdiction, have, to the exclusion
of any other authority, the powers for enforcing the provisions of this Act
which sanitary authorities have under this Act.
The said Conservancy Board may also enforce the provisions of the
Lea Conservancy Act, 1868, under the head or division, "Protection of
Water," by application to the County Court having jurisdiction in the
place in which any offence is committed against those provisions, and such
Court may, by summary order, require any person to abstain from the
commission of any such offence, and the provisions of this Act with
respect to summary orders of county courts and appeal therefrom shall
apply accordingly.