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that the rule is that they would apply. The facts of this case appear to
be these, that the Metropolitan Railway Company have been altering
their Finchley Road Station, and have been moving—I think I am right
in the facts—the conveniences from the ground floor on to the platform,
and in so doing they have constructed some new water-closets at the end
and on either side of one general waiting room. The Borough Council
say: 'We ought to have had notice; this is a matter which required
notice under the Public Health and the Metropolis Management Acts.'
No notice was given before the work was entered on. Secondly they
say: 'Besides that, your water-closet does not comply with the Bye-laws.
We have power, under the Acts referred to, to make Bye-laws, and we
have made certain Bye-laws, and one, of which we complain, is that you
did not take the closet partitions up to the top of the building, and you
left these closets so that when they are used on both sides there is a
space, about 4 ft. between the ceiling and the partition, and that when
these closets are used the effluvia from the closets would naturally waft
its way over this partition into the general waiting room.' The Borough
Council say that the rule is that you must carry that right up, and not
leave a space. Next they say: 'You have not complied with the Bye-law
which requires you to put in a 4-in. pipe for ventilation purposes. You
have only put in 2-in. pipes instead of 4-in., and that is not in
accordance with our Bye-laws.' Thirdly, they say: 'Instead of taking
your gully outside the building, which you ought to have done, you
have put it underneath the floor, and that is contrary to the Bye-law.
You must take the gully outside.' Again they say: 'You have done
another thing. By our Bye-laws each closet or compartment ought to
have a window and ventilator, and you have not got either,' and for
those reasons the Borough Council say : 'You have infringed against
these Bye-laws; you have not given us notice, and you have not complied
with the Public Health Act. Also another complaint is, that you have
made a drain, and that you have connected this with the sewer without
giving us notice, so that we could see how the work was carried on.'
Those are the real complaints. What the Railway Company say is:
'True; we admit the facts, but we say that as we are established by an
Act of Parliament the Public Health Act does not apply.' The Counsel
on behalf of the Borough Council says, and truly says,' If it does not
apply, how is it that Section 45 expressly excepts that particular Section