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89
the particular house-owner or land-owner, whose houses are within
the terms of the section, should be prevented from draining
because, on certain days of the year, the sewer is so used that the
water will not go out; and as I clearly pointed out in the course
of the argument of this case, really the question of the level of the
houses has nothing to do with the case. We have to see whether
they fall within the section or not, not merely as being below the
level of high-water mark, because assuming the level of the houses
was ten feet higher, still the same objection applies, namely, that
on those days of the year the water would not go out of the sewer
because it would be headed back owing to the pressure of the
water in the main sewer. I desire to say that no point is raised
as to any improper connection of the drains of the houses with
the Ransom Road sewer. I deal with this case solely upon the
point raised, namely, that it is objected by the London County
Council that because the water in Ransom Road sewer was on a
certain number of days in the year headed back by the water in
the outfall sewer, that, therefore, the houses were not houses
capable of being drained by gravitation into the existing sewer.
I think the learned Magistrate was wrong, and that, therefore, the
appeal ought to be allowed.
Justices Lawrance and Kennedy also agree.
Refuse Removal. The house refuse produced in the
Borough is removed by the Council themselves, and, on the
whole, this work is carried out fairly satisfactorily. I am, however,
of opinion that in certain districts of the Borough, more
particularly amongst the houses occupied by the poorer class, the
house refuse should be collected more frequently, at any rate
twice a week, and during the summer months even more