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The flap aforesaid in the said outfall sewer, at the inlet of it into
the Ransom Road sewer would, however, normally prevent the
contents of the outfall sewer from escaping into the Ransom
Road sewer. There is no evidence, save in the one instance, as
to how far, in times of flood, the water in the Ransom Road
sewer rose. There is no land in the County of London lying so
low as to be below the bottom of the said outfall sewer. Upon
the above facts, the respondents contended that the appellant's
land did not admit of being drained by gravitation into the said
outfall sewer as then existing, and that the offence charged had
been proved.
The London Building Act, 1894 (57 and 58 Vict., c. ccxiii.,
s. 122), provides :—" It shall not be lawful for any person, upon
land of which the surface is below the level of Trinity high-water
mark, and which is so situate as not to admit of being drained by
gravitation into an existing sewer of the Council, to erect any
building, to be used wholly or in part as a dwelling-house, or to
adopt any building to be used wholly or in part as a dwellinghouse,
except with the permission of the Council, and subject to
and in accordance with such regulations as the Council may from
time to time prescribe with reference to the erection of buildings
on such land."
Chief Justice Lord Alverstone stated that Section 122 says
that " It shall not be lawful for any person, upon land of which
the surface is below the level of Trinity high-water mark, and
which is so situate as not to admit of being drained by gravitation
into an existing sewer of the Council, to erect any building, to be
used wholly or in part as a dwelling-house." Now the learned
Magistrate, who stated the case, as he always does state his cases,
most fairly, has found that the ten houses above-mentioned, which