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Vestry. I would suggest that what is wanted is not so
much Counsel's opinion, which after all can decide and
settle nothing, as a determination on the part of those who
are paying or liable to pay these charges, to get the
judgment of a Court of Law, on the meaning of this very
badly drawn Act. But bearing in mind the great importance
of a settlement of the matter, I trust that no steps
may be taken unless with a determination to persist, until
a final judgment is obtained. I will now do my best
endeavour to place before you the grounds for forming an
opinion, and the probable result of legal proceedings.
Sections 37, 38, and 39 of the Lambeth Waterworks
Act, 1848, contain the law, the true meaning of which has
to be ascertained. I give these Sections in full.
11 Vict., c. 7, Sects. 37-39.
(THE LAMBETH WATERWORKS ACT, 1848.)
37. And be it enacted, That the Company shall, at
the request of the owner or occupier of any house or part
of a house in any street within the limits of this Act in
which any pipe of the Company shall be laid, or of any
person who under the provisions of this Act, or any Act
incorporated therewith, shall be entitled to demand a supply
of water for domestic purposes, furnish to such owner or
occupier or other person a sufficient supply of water for
their domestic uses at the rates hereinafter specified (that
is to say):—
If there be no water-closet in the dwelling house or
part of the dwelling house to be supplied with water, at
the following rates ;—
I