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matters as would affect the health of the public, and also of private
individuals, and that it was only intended to apply the provisions of the
Act to such things as were injurious to health.' Then Mr. Justice Lush
said: 'I am of the same opinion. It is clear that the word 'nuisance'
is not used in the 8th Section in the general sense as applied by the
Common Law. It must be limited in some way or other. Many instances
might be given where nuisances would be indictable, but would not come
within the purview of this Act. I can find no other guide than by
looking to see what is the scope of the Act, and in deciding in accordance
with that.' Mr. Justice Hannen said: 'I think that the clue to the
construction of the Act is to be found in the terms of Section 8. The
word 'nuisance' shall include' any premises in such a state as to be a
nuisance or injurious to health'; it was not intended to limit the
operation of this Act to cases where there would be a nuisance injurious
to health, but to extend it to cases whore, although there might not be a
nuisance, yet there was something injurious to the health of individuals.
But still, to bring a nuisance within the operation of this Act, it must be
such a one that would be injurious to health.' I cannot help saying that
one perfectly agrees with that decision—the dripping of water is not
likely to be injurious to health: it is likely to be injurious to your
clothes or your hat, but the dripping of water from a bridge that you
pass under would not probably be injurious to health. On that ground
the conviction was quashed. But that is not like this case really at all,
because in this case you have a Railway Company making new
conveniences, and the conveniences that they are making are, I am
bound to say, in my opinion not such as should be made from the health
point of view, because to make your closets with a 4 ft. escape into the
public waiting room, and no windows at all, means that when the closets
are used—as Mr. Courthope Munroe said—when you pull the plug the
whole of the effluvia must go somewhere, and it therefore goes over the
top of the partition into the general waiting room, and circulates there.
It cannot be said that that is the best sanitary precaution that could be
taken for persons travelling on the Railway or other persons using those
conveniences who have to travel on the Railway. Then supposing
Mr. Glen's contention is right, that the Public Health Act does not
apply, and that the Sanitary Acts do not apply, the Railway Company
might—I do not say they do, but they might —allow their closets to