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142 2 OCTOBER, 1891.
36 Rule 50. And whereas, I, the said Arbitrator, did duly
by writing under my hand endorsed on the said Order, enlarge
the time for making my Award until the 15th day of
August, 1891. Now I, the said Arbitrator, having taken upon
myself the burthen of the said reference, and having heard
the said parties and their witnesses, I hereby make my Award
in writing, of and concerning the matters referred to me in
manner following, that is to say: As to so much or the
Plaintiff's claim as relates to water which found its way into
the Plaintiff's dwelling house, No. 201 Mile End Road, by
percolating through the walls thereof, I find that such water
was natural subsoil water accumulating from natural causes,
and not brought there or caused to come there by or through
any act of the Defendants, and that although the Defendants
did not intercept or remove such water, but on the contrary,
refused to do so, the Plaintiff has no legal remedy by Action.
And as to so much of the Plaintiffs claim as relates to sewage
sewer gas, and rats coming on to the Plaintiff's premises, I
find that the Plaintiff has not proved that either the sewage,
or sewer gas, or rats, came upon the Plaintiff 's premises by
reason of any want of reasonable care or diligence of the
Defendants in discharging the duties imposed upon them by
Statute. I find generally for the defendants in the Action ;
And I direct Judgment to be entered for the Defendants
without costs; And I direct that the Plaintiff and the
Defendants do bear each their own costs, and that each party
do pay one half of the costs of the Award. In witness
whereof I have hereunto set my hand this 10th day of
August, 1891.
Signed and Published this tenth day
of August, one thousand eight
hundred and ninety one in the
presence of HY. HIDSON. LUMLEY SMITH.
(12) That your Chairman submitted a letter which he had
recieved from Messrs. Warburton & de Paula, Solicitors of
Mrs. Nott, as follows;
"3, West Street, Finsbury Circus, E.C.
"London,
"24th August, 1891.
"Dear Sir,
"Mrs. Nott & Mile End Vestry.
"As it has been proved in this Reference
"that the water complained of by Mrs. Nott, does not
"arise in her house, but comes from the outside at one
"particular part, and as it has also been admitted that
"this can be remedied by the lowering of the sewer in
"Frimley Passage, we should feel obliged, if you will
"bring the matter before the Committee, and ask them
"whether they will give instructions to have the sewer