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then belonging to the Metropolitan Board of Works, and the second
group consisting of seven houses (Nos. 188, 190, 192, 194, 196, 198 and
200) to be drained into the public sewer in Eresby Road, then belonging
to the Vestry. Whereas, as carried out and as found existing the seven
houses, Nos. 178, 180, 182, 184, 186, 188 and 190, were grouped together
and were drained together by means of the line of pipes passing under
No. 178 which is connected with the said public sewer in High Road;
(ii) a drain from a workshop in the occupation of one Harris, at the rear
of No. 178, High Road (and divided from the said premises, No. 178,
High Road, by a passage leading from the High Road to Eresby Road,
which passage is lighted by the Council, and provides a secondary means
of access to the said houses from both the High Road and Eresby Road,
such lighting having been originally undertaken by the Council in 1884
at the request of the said A. Hackworth), had been connected to the
said drains as shown on plan 'B'; (iii) four gullies in the said passage
had been connected to the said drains as shown on plan 'B'; and
(iv) certain other minor deviations had been made. The scheme of
drainage as it was in fact carried out is shown upon the plan attached
to this case and marked ' B,' and is thereon coloured yellow.
The drainage of No. 180, High Road, Kilburn, was not originally laid as
shown on the approved plan, and in the month of February, 1909, the
Council became aware of this fact when the drainage of the house was
relaid by the owner of those premises, the work being done under the
supervision of the Council, and the course of the drain of the said
premises was then altered.
On the 8th March, 1912, a notice under Section 83 of the Metropolis
Management Act, 1855, was served upon Mr. A. Hackworth, the original
owner and builder of Nos. 178 to 190, High Road, who signed the application
dated 13th August, 1884, for permission to drain the said premises,
requiring him within 14 days to cause the drains of the said premises to
be altered in conformity with the directions of the Vestry, and so as to
be in accordance with the approved plan. Such notice was not served
upon or brought to the notice of either the said Harris, the occupier of
the said workshop, nor the Respondents, the owners and occupiers of
No. 178, High Road.
Mr. A. Hackworth did not comply with the said notice, and the Council,
in alleged pursuance of their powers under Section 83 of the Metropolis
Management Act, 1855, themselves caused the work to be done without
any notice to either the said Mr. Harris, the occupier of the workshop,
or the Respondents, the owners and occupiers of No. 178, High Road,
and the Council entered upon the said workshop and removed the W.C.
and lavatory erected therein, and pulled up the pipes. The said work
was completed on the 4th April, 1912, and the account of the expenses
thereof was sent by the Council to Mr. Hackworth. The scheme of
drainage as at present existing after the execution of the said works by