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Mr. Justice Wills and Mr. Justice Channell concurred, and the appeal was
dismissed.
(Before Mr. Justice Lawrence and a special Jury.)
(Times, 7 th November, 1902.)
Woodford Urban District Council v. Stark.
Meaning of " a Drain or Drains for a House."
The meaning of Section 25 of the Public Health Act, 1875, is that a person
who erects a house must provide a separate drain for that house.
The District Council appealed from a decision of Magistrates who had
dismissed two informations against the respondent under Section 25 of the
Public Health Act, 1875. The respondent deposited with the Council notice
of intention to erect two houses in one block, with a block plan thereof showing
a combined drain. The plan was disapproved on the report of the Council's
Surveyor, on the ground that the drainage was unsatisfactory, and the Council
made an order under the said Section that a separate drain should be provided
for each house. The respondent, nevertheless, constructed the combined drain
according to the plan. The Council thereupon laid two informations against
him—one in respect of each house—for building a house contrary to the
provisions of the Section, which provides that it shall not be lawful in an
urban district to erect a house unless a covered drain or drains be constructed
of such size and materials and at such level and with such fall as on the report
of the Surveyor may appear to the Urban Authority to be necessary for the
effectual drainage of the house. The Magistrates dismissed the informations,
as they were of opinion that the Council had no jurisdiction to order a separate
drain, but were confined by the Section to considering only such matters as
size, materials, level, and fall.
The following cases were cited:—Bradford v. Mayor of Eastbourne (1 C.C.C,.
94), Hedley v. Webb (6 C.C.C., 48), Pilbrow v. St. Leonard, Shoreditch (1895,
1 Q.B., 433), and Matthews v. Strachan (6 C.C.C., 121).
Held—That Section 25 meant that there should be a separate drain for
each house.
Appeal allowed and case sent back to the Magistrates.
Decided K.B.D., Lord Alverstone, C.J., Darling and Channell, J.J.,
March 17th, 1902. [112 L.T., 480; 18 T.L.R., 439.]
Kyffin v. Simmons.
King's Bench Division. 27th March, 1903.
Appeal before the Lord Chief Justice of England (Lord Alverstone), Mr.
Justice Wills, and Mr. Justice Channell.
A building which is let in separate tenements for dwelling purposes is a house let
out in lodgings within the meaning of Section 94 of the Public Health (London)
Act, 1891.