Edin. water Co. v Edin Charity Workhouse

The Magistrates were, in 1819, under no obligation to continue the supply of water gratuitously, as the terms of the minute of 1745 imported the grant to be during pleasure; and the previous minute of 1741 was not a grant of any kind, but a mere inchoate step towards making one. Besides, as the grant was unilateral and gratuitous, it would require strong and express terms to show that it was a burden undertaken in perpetuity, and no such evidence existed. But if the Magistrates were not under any lawful obligation to give a gratuitous supply, the Water Company were equally free.

There was no real burden of servitude acquired by the Workhouse,—their whole possession being referable to the grant of the council, during pleasure, and therefore merely on naked tolerance.

At least the Company were not bound to supply more water than the Magistrates delivered into the Workhouse in 1819: otherwise the burden imposed on the Company was susceptible of indefinite increase.

Independently of any written grant from the town, the possession of the use of the water for eighty years prior to 1819 was evidence of a real servitude, and the Water Company, in acquiring the reservoirs affected by such servitude, were bound by it, without reference to any agreement with the Magistrates. 1

The obligation on the Magistrates was not limited to any specific quantity of water daily, but to afford a due supply of what was bona fide required for the use of the Workhouse. This quantity might be susceptible of variation from time to time; but, to supply it, was the measure of the Water Company's obligation. 2