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they have not carried, as the Bye-law requires them, the partition right
up to the ceiling as it ought to be: they have left it about 4 ft. from the
top: they did not give notice to the Borough Council when they made
the drain in connection with the sewer, they have not placed the gully
externally, which they ought to have done: they have not provided a
4-in. pipe, but have provided a 2-in. pipe, and they have not provided
anything which could give ventilation to the closets themselves. It was
said and argued on behalf of the Railway Company that there is a
difficulty, because there was a railway bank, and the earthwork came
right up to the wall of the closet. But surely a brick chamber could be
constructed into which this window could be opened. That chamber
could be made of brick work on two or three of the sides of it, and the
fourth side could be against the wall, and you would have not only the
light from heaven, but you would have a ventilating place for the closet
itself. I do not see any insuperable difficulty at all about that. With
an embankment 25 feet high it is only a question of a little expense, but
expense is not what the Legislature considers with reference to the
health of the public. With these facts, and upon the facts of the case to
which I have alluded, and which were not alluded to in the case when it
was argued before me—it seems to me admitted in the Great Western
case that in that case the Sanitary Act did apply, and the only reason
why they said it did not apply was because what was complained of was
not injurious to health—this would be to my mind injurious to health, if
the Acts allowed that this should be done, when it ought not to be done
under the Public Health Act, and on this ground I must convict the
Railway Company on the summonses. As far as I know this is the first
case that has ever been raised in the country, and my decision, if it is
right, affects every Railway Company.
Mr. Glen: On behalf of the Railway Company I am instructed to
give notice of appeal in respect of the two summonses involving the
giving of notice which will raise the question of law involved.
The Magistrate : On the two summonses for not giving notice the
fine will be 20s. and 23s. costs each. The others will be 5s. and 23s.
costs. It is 20s. and 23s. costs in two cases, and 5s. and 23s. costs in
each of the others. The two under notice are one as to the Bye-laws,
made under the Public Health (London) Act, 1891, and one under the