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(d) That there was no ground for saying that the Respondent was
estopped from denying that the said line of pipes was a drain.
In support of these contentions the following eases were
referred to:—
Kershaw v. Taylor (1895) 2. Q. B. 471.
Holland v. Lazarus 61. J. P. 262.
Heaver v. Fulham Borough Council (1904) 2. K. B. 383.
Silles v. Fulham Borough Council (1903) 1. K. B. 829.
Harvey v. Jaye 71. J. P. 473.
6. I was of opinion that both the said contentions on behalf of the
Appellant failed, and I found that the said line of pipes was in
law a sewer repairable by the Hampstead Borough Council. I
accordingly dismissed the said complaint and awarded to the
Respondent five guineas costs.
The question for the opinion of this Honourable Court is
whether my said determination was correct in point of law.
It is a matter for serious regret that the Bill introduced by the
Association of Municipal Corporations, and the Urban District Councils,
Association did not meet with more success than had fallen to its lot in
previous years. Although the provisions of this Bill did not apply to
the Metropolis, it seems only reasonable to assume that if the ratepayers
outside London were relieved from one of the most iniquitious burdens
that have been placed upon their shoulders, it would not have been long
before those within the County would have received the same consideration.
In another case, the freeholders of the estate concerned were
interviewed, and, realising that their reversion would be prejudiced by
the fact that a public sewer would run across the property, at once
called upon the leaseholder to withdraw his claim against the Council,
which he promptly did.
Sanitation of Railway Stations.
The sanitary conveniences at the various railway stations in the
Borough have been regularly inspected during the year. It is satisfactory
to report that there is a very considerable improvement in the
standard of cleanliness maintained. The extent to which these conveniences
are used by all sections of the community render it most
essential that they shall always be kept in proper order. The Metropolitan
Railway Company during the year rebuilt their station at
Finchley Road, and provided an excellent system of sanitation and
drainage, which is highly satisfactory in every detail. These results