Sanitary law : a digest of the sanitary acts of England and Scotland / by H. Aubrey Husband.

Date:
1883
Catalogue details

Licence: Public Domain Mark

Credit: Sanitary law : a digest of the sanitary acts of England and Scotland / by H. Aubrey Husband. Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

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    sewer, drain, or pipe, and, if necessary, make otliers in their place. He may also alter the course and level of any unnavigable river, brook, stream, or watercourse, for the purposes of defence, and make such necessary compemsation as provided in the act. No L.A. is permitted to use a sewer to carry sewage into any natural stream of water, canal, pond or lake, unless the sewage is tii'st purified from all excrementitious or noxious matter. This provision relates to sewage works either within or without the district of the L.A., and they may take proceedings—sec. 69—for prevent- ing the pollution of .streams, and—sec. 48—for the cleansing of foul water courses bounding theii' district, and under sec. 91—iii., for the abatement of nuisances from foul pools, water courses, &c. ; but, on the other hand, proceedings may be taken against them if they allow sewage to fiow into any stream to the damage of property or annoyance of i>ersons lower down the stream. As the rights of riparian ])ro])rietors are not limited to their present modes of enjoyment, an injunc- tion will be granted and damages awarded, since the cause of injury varies from day to day. It has also been decided that a L.A. are not entitled to discharge their sewage into a stream although no bad effect was discoverable .some miles lower down, and a riparian proprietor may also apjily for an injunction to resti-ain the pollution before it becomes an undoubted nuisance. Private rights must, as a nde, yield to pulilic intei'csts, but in the jjollution of streams the right of the in- ilividual is not only comparable, but identical with the true interests of the public, and, therefore, an injunc- tion will be granted, and aggi’ieved persons not left to Sec. 17
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