View report page

102
and surveyor under the style of Messrs. Jordain & Paine, is
the owner of No. 155, Sumatra Road, within the said Borough.
(b) The premises known as No. 155, Sumatra Road, form part of a
terrace of houses, and are drained by a line of pipes into which
also ultimately passes (in the manner hereafter stated) the
rainwater which falls upon part of the roof of the contiguous
house on each side thereof. The said line of pipes passes
under No. 155, Sumatra Road, and thence to the public sewer
in Sumatra Road, with which it is connected. The said line
of pipes, together with the line of pipes from the gully
mentioned in paragraph 3 (c) hereof, constitutes the alleged
drain complained of, and referred to in paragraph 1 hereof.
(c) (i) The rainwater which falls upon part of the back roof of
No. 157, Sumatra Road, passes into a stack-pipe, by means
of which it is led down the outside of the party-wall
between No. 157 and No. 155. The said stack-pipe
discharges into the open air over a gully in the paved yard
belonging to No. 155, which gully is connected to the
drainage system of No. 155, so that the water from the said
gully passes into the alleged drain.
(ii) The rainwater which falls upon the roof over the front
porch of No. 157, Sumatra Road, passes into a stack-pipe,
by means of which it is led down the front wall of No. 155.
The said stack-pipe discharges into the open air over a
gully in the forecourt of No.] 55, which gully is connected
to the drainage system of No. 155, so that the water from
the said gully passes into the alleged drain.
(iii) The rainwater which falls upon part of the back roof of
No. 153, Sumatra Road, passes along the eaves-gutter of
that house into the eaves-gutter of No. 155, and thence
into a stack-pipe, by means of which it is led down the back
wall of No. 155. The said stack-pipe discharges into the
open air over a gully in the paved yard belonging to
No. 155, which gully is connected to the drainage system
of No. 155, so that the water from the said gully passes
into the alleged drain.
(iv) The rainwater which falls upon the front roof of No. 153,
Sumatra Road, passes along the eaves-gutter of that house
into the eaves-gutter of No. 155, and thence into a stackpipe,
by means of which it is led down the front wall of
No. 155. The said stack-pipe discharges into the open air
over a gully in the forecourt of No. 155, which gully is
connected to the drainage system of No. 155, so that the
water from the said gully passes into the alleged drain.
The drainage of the said premises as it in fact exists is
shewn upon the plan attached to this case and marked "A".
(d) There is no record of any application having been made to the
Hampstead Vestry (the predecessors of the Hampstead Boroug
Council) for their sanction to the drainage of the said premises,