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Court of appeal
PUBLIC
1909. THE
LIBRARY.
Journals.
British Medical Journal. Lancet. Hospital. Caledonian Medical Journal. Glasgow Medical Journal. Transvaal Medical Journal. Australasian Medical Gazette. Progress. Sanitary Record. Royal Sanitary Institute. Practical Dietetics and Bacterio-Therapeutics. Royal Army Medical Corps. Medical Review of Reviews. OfficialCircular of the Colmty Councils Association. Pacific Medical Journal. Indian Public Health. American Journal of the Medical Sciences. Municipal Journal. Proceedings of the Royal Society of Medicine. Giornale della Reale Societ~ Italiana d'Igiene. Journal of the Royal Statistical Society. Tropical Medicine and Hygiene. Royal Institute of Public Health. New Zealand Medical Journal. Sanitary Journal. Wa~er. Reports.
Registrar-General's Weekly Returns. Metropolitan Asylums Board Report. Monthly Bulletin of the State Board of Health of Massachusetts. Dr. R. J. Reece's Report to the Local Governmcnt Board on Hebburn U.D. Royal Borough of Kensington, November, 1 9 0 8 . Bombay, 1907. Report of the Board of Health on Plague in New South Wales. Report to the District Council of Partington, by Dr.-Coates. City of Aberdeen, November, 1908. Bulletin du Service de Sant~ et de l'hygibne. Report of the Public Health Committee of the LC.C. Report on the work of the Medical Branch Education Department, Tasmania. Annual Report of the School Medical Officer for West Bromwich. Administrative County of Durham. Chief Vital Statistics for 1908. Pamphlets.
Thoughts on Natural Philosophy and the Origin of Life, by A. Biddlecombe. Some Observations of Methods, Cost and Results of Sewage Pm'ification Abroad, by H. W. Clark, Massachusetts. Vaccination, by C. A. Hodgetts, M.D., L.R.C.P., Lend. Observations Relating to Transmission of Sleeping Sickness in Uganda, by A. D. P. Hedges, M.D., Lend. Health in the Orchard, by H. Benjaficld, M.B. S t a t u t o r y Rules and Orders.
Factory and Workshop Act: Dangerous and UnhealthyIndustries. Regulations, dated December 18th, 1908, made by the Secretary of State for the Use of East Indian Wool; the same, for Vitreous Enamelling Metal or Glass; the same, for the Manufacture of Nitro and Amido-derivatives of Benzine, etc. Public Health (Tuberculosis) Regulations, 1908. Factory and Workshop Act: Draft special exception to Florists' Workshops. The Etiology and Nature o f Cancerous and other Growths.
Bale, Sons and
S a n i t a r y Record Year Book and Diary for 1909.
Published by the Sanitary Publishing 2s. 6d. net.
195 L A W REPORTS.
All Beef,s and Publications received by the Editor and by the Hen. Librarian will be acknowledged under this heading.
By W. T. Gibson, A.R.C.S. ; Danielsson, Ltd., 6s. net.
HEALTH.
Co., Ltd.,
The P l a n n i n g of Fever Hospitals and D i s i n f e c t i n g and C l e a n s i n g Stations.
By Albert C. Freeman, M.S.A. ; Sanitary Publishing Co, Ltd., 7s. 6d. net.
COURT OF APPEAL.
J u l y 12th, 1908, January 12th, 1909. BEFORE THE MASTER OF THE ROLLS, FARWELL AND KENNEDY, L.J.J. ATTORNEY-GENERAL V. BIRMINGHA~I, THARNE AND REA DISTRICT DRAINAGE BOARD.
Public ttealth Act, 1875, Section 17.--Pollution of Stream.--Sewage e~uent.--Injunction.--Suspension. This was an appeal from an order of the late Mr. Justice K.ekewieh, in an action for an injunction to restrain the defendant board from polluting the river Tame by discharging into it an effluent from their sewage works which had not been sufficiently purified. The action was brought in the name of the Attorney-General, at the instance of the Tamworth Corporation and Rural District Council. The defendants were a joint board, established under section 279 of the Public Health Act, 1875, for the purpose of treating the sewage of various boroughs and sanitary districts, and (~f the city of Birmingham. They had a large sewage farm of about 3,000 acres, on the bank of the River Tame. It appeared that the defendants could deal satisfactorily with ~the dryjweather flow through the farm, but not in times of heavy rain. I n these cases they were compelled to discharge the overflow into the river only partly purified by means of lagoons. KEKEWICH,'J., was of opinion that:the defendants were committing a breach of Section 17, of the Public Health Act, 1875, by sendifig excrementitious or other foul or noxious matter into the river, and granted an injunction to restrain this, and he refused to suspend its operation. The defendant Board appealed. The appeal came on in J u l y last, when it was stated that the old system of purifying by lagoons had been given up and that new works were being executed, but that further time was required. On the suggestion of the Court the case stood over for six months. On the appeal coming on again, it was further stated for the defendants that since July last the report of the Royal Commission on Sewage Disposal had been issued, which recommended that "stand-by tanks" to receive storm overflows should be provided; the appellants were now extending the area of their bacteria beds and were making a stand-by tank capable of holding some 13,000,000 gallons at a ~ost of about i~100,000 ; it was hoped that this work would be completed and in full operation in the course of some three months from this time, and it was asked that as the Sewage Board were endeavouring to comply with the recommendations of. the report, some further time should be given them to test the result of these new works. For the plaintiffs it was said that the single contact system adopted b y the Board was insufficient. The Court ordered the matter to stand over until June,
1909. THE
LIBRARY.
Journals.
British Medical Journal. Lancet. Hospital. Caledonian Medical Journal. Glasgow Medical Journal. Transvaal Medical Journal. Australasian Medical Gazette. Progress. Sanitary Record. Royal Sanitary Institute. Practical Dietetics and Bacterio-Therapeutics. Royal Army Medical Corps. Medical Review of Reviews. OfficialCircular of the Colmty Councils Association. Pacific Medical Journal. Indian Public Health. American Journal of the Medical Sciences. Municipal Journal. Proceedings of the Royal Society of Medicine. Giornale della Reale Societ~ Italiana d'Igiene. Journal of the Royal Statistical Society. Tropical Medicine and Hygiene. Royal Institute of Public Health. New Zealand Medical Journal. Sanitary Journal. Wa~er. Reports.
Registrar-General's Weekly Returns. Metropolitan Asylums Board Report. Monthly Bulletin of the State Board of Health of Massachusetts. Dr. R. J. Reece's Report to the Local Governmcnt Board on Hebburn U.D. Royal Borough of Kensington, November, 1 9 0 8 . Bombay, 1907. Report of the Board of Health on Plague in New South Wales. Report to the District Council of Partington, by Dr.-Coates. City of Aberdeen, November, 1908. Bulletin du Service de Sant~ et de l'hygibne. Report of the Public Health Committee of the LC.C. Report on the work of the Medical Branch Education Department, Tasmania. Annual Report of the School Medical Officer for West Bromwich. Administrative County of Durham. Chief Vital Statistics for 1908. Pamphlets.
Thoughts on Natural Philosophy and the Origin of Life, by A. Biddlecombe. Some Observations of Methods, Cost and Results of Sewage Pm'ification Abroad, by H. W. Clark, Massachusetts. Vaccination, by C. A. Hodgetts, M.D., L.R.C.P., Lend. Observations Relating to Transmission of Sleeping Sickness in Uganda, by A. D. P. Hedges, M.D., Lend. Health in the Orchard, by H. Benjaficld, M.B. S t a t u t o r y Rules and Orders.
Factory and Workshop Act: Dangerous and UnhealthyIndustries. Regulations, dated December 18th, 1908, made by the Secretary of State for the Use of East Indian Wool; the same, for Vitreous Enamelling Metal or Glass; the same, for the Manufacture of Nitro and Amido-derivatives of Benzine, etc. Public Health (Tuberculosis) Regulations, 1908. Factory and Workshop Act: Draft special exception to Florists' Workshops. The Etiology and Nature o f Cancerous and other Growths.
Bale, Sons and
S a n i t a r y Record Year Book and Diary for 1909.
Published by the Sanitary Publishing 2s. 6d. net.
195 L A W REPORTS.
All Beef,s and Publications received by the Editor and by the Hen. Librarian will be acknowledged under this heading.
By W. T. Gibson, A.R.C.S. ; Danielsson, Ltd., 6s. net.
HEALTH.
Co., Ltd.,
The P l a n n i n g of Fever Hospitals and D i s i n f e c t i n g and C l e a n s i n g Stations.
By Albert C. Freeman, M.S.A. ; Sanitary Publishing Co, Ltd., 7s. 6d. net.
COURT OF APPEAL.
J u l y 12th, 1908, January 12th, 1909. BEFORE THE MASTER OF THE ROLLS, FARWELL AND KENNEDY, L.J.J. ATTORNEY-GENERAL V. BIRMINGHA~I, THARNE AND REA DISTRICT DRAINAGE BOARD.
Public ttealth Act, 1875, Section 17.--Pollution of Stream.--Sewage e~uent.--Injunction.--Suspension. This was an appeal from an order of the late Mr. Justice K.ekewieh, in an action for an injunction to restrain the defendant board from polluting the river Tame by discharging into it an effluent from their sewage works which had not been sufficiently purified. The action was brought in the name of the Attorney-General, at the instance of the Tamworth Corporation and Rural District Council. The defendants were a joint board, established under section 279 of the Public Health Act, 1875, for the purpose of treating the sewage of various boroughs and sanitary districts, and (~f the city of Birmingham. They had a large sewage farm of about 3,000 acres, on the bank of the River Tame. It appeared that the defendants could deal satisfactorily with ~the dryjweather flow through the farm, but not in times of heavy rain. I n these cases they were compelled to discharge the overflow into the river only partly purified by means of lagoons. KEKEWICH,'J., was of opinion that:the defendants were committing a breach of Section 17, of the Public Health Act, 1875, by sendifig excrementitious or other foul or noxious matter into the river, and granted an injunction to restrain this, and he refused to suspend its operation. The defendant Board appealed. The appeal came on in J u l y last, when it was stated that the old system of purifying by lagoons had been given up and that new works were being executed, but that further time was required. On the suggestion of the Court the case stood over for six months. On the appeal coming on again, it was further stated for the defendants that since July last the report of the Royal Commission on Sewage Disposal had been issued, which recommended that "stand-by tanks" to receive storm overflows should be provided; the appellants were now extending the area of their bacteria beds and were making a stand-by tank capable of holding some 13,000,000 gallons at a ~ost of about i~100,000 ; it was hoped that this work would be completed and in full operation in the course of some three months from this time, and it was asked that as the Sewage Board were endeavouring to comply with the recommendations of. the report, some further time should be given them to test the result of these new works. For the plaintiffs it was said that the single contact system adopted b y the Board was insufficient. The Court ordered the matter to stand over until June,