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order under section 40. Whichever it was, she was bound
to supply to the Justice, or to show to him, that there was
reasonable ground for her application for such entry, and
that was to be on Information on oath. I have read the
Information. It seems to me that there is absolutely no ground
whatever, whether reasonable or not, stated by her, upon
which she could ask the Magistrate for leave to enter. No
ground is stated by her. She says again ' I wanted to enter,
and I then and there applied ' (this is to Mrs. Sophie Bryant,
the Head Mistress of the School) 'for permission to enter the
school premises for the purpose of examining as to the
existence of any nuisance therein.'
" Now that throws us back to the question: Is that a
reasonable ground? The reasonable ground must be a
ground with some reason for it. ' Why do you want to go
in the Magistrate has a right to ask ; and the answer to
that is, as far as it is given on this Information : ' I have
no more right than that which was given to me by the
Statute, and it is enough for me to swear that I wish to go
in, because the Statute gives me power to go in.' That in
my judgment is not a reasonable ground or such a reasonable
ground, as was contemplated by section 115, sub-section
3, namely, a reasonable ground which she is to give to the
Magistrate to satisfy him before he makes the Order which
is asked for.
" Under these circumstances, I think the Magistrate was
perfectly justified in his conclusion, which was the only
proper conclusion he could come to, that there was no
evidence upon which he could act. No evidence of any
reasonable ground was afforded to him, and therefore he did
the only thing which in my judgment he ought to have
done, namely, refused the right to enter."
Mr. JUSTICE CHANNELL: " I am of the same opinion.
I think the case entirely turns on the construction of section
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115, sub-section 3 of this Act of Parliament; and for the
purposes of my judgment, I assume that a right of entry
did in fact exist, both under section 10 and under section
40, I assume that it existed. Therefore a right is given, and
the entry is in fact refused by the people at the school.
Then we come to see what provision is made by the legislature
as to enforcing that right which they have given, and
the provision is that ' where a Sanitary Authority have, by