George Legge & Son Ltd v Wenlock Corporation     Sewers and Drains – Natural watercourse – Discharge of sewage – Illegal discharge –
Conversion of watercourse into sewer – Public Health Act 1875 (c 55), s 4 – Rivers Pollution
Prevention Act 1876 (c 75), s 3.
A channel, for the greater part of its length in a covered culvert, ran through the plaintiffs’
land. Originally the channel was a natural stream or watercourse, but at various times since
1876 sewage had been discharged into it. It was admitted that for at least 23 years before the
pleadings in this action (ie, from 1909) some 20 houses had been drained into the channel and
it was contended that such houses had acquired prescriptive rights of so discharging sewage
into it. A further 44 houses had commenced discharging sewage into the channel at times
subsequent to 1925. It was contended that the discharge of sewage into what was admittedly a
natural stream at the time of the passing of the Rivers Pollution Prevention Act 1876, being
an offence under that Act, could not convert the stream or channel into a sewer within the
meaning of the Public Health Act 1875:—