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have been erected by the appellant, are on land of which the surface
was below the level of Trinity high-water mark, and that
therefore, prima facie, the section applies, and that they were also
intended to be used as dwelling-houses. He then finds facts,
which I need not detail, showing that the houses are on a level
which admits of their being drained by gravitation ; it is not
disputed that if there were no other sewer or no other special
construction or special use of the sewer in the Woolwich
Road the houses could be drained by gravitation into that sewer.
Then he says this :—" During the greater part of the year the said
houses admit of being, and are drained into the said southern
outfall sewer." Therefore that fact is obvious, that the situation
of the houses is such that they admit of being drained by gravitation,
and it does not alter that fact that they could not be drained,
in the ordinary sense of the word, for the whole of the year, but
that, for a considerable number of days, the drainage of the land
would not pass into the outfall sewer. Then he goes on to say
that he thinks that it is immaterial as to why it would not pass.
It is in that respect that I think he has applied a wrong construction
of the law, because it turns out, and the fact is, that this
outfall sewer being very heavily charged in times of flood, or in
times of excessive or even moderate rainfall, so much water comes
down the sewer that the flaps, which are made to shut with the
pressure of the water, close the mouth of the Ransom Road
sewer, so that the water cannot go out, owing to the greater
pressure of water in the main outfall sewer. That does not make
the house one which is so situate as not to admit of being drained
by gravitation. What it does say is, that on those particular days
the sewer is so used by the London County Council that the
water will not go out. In my opinion it never was intended that