View report page

91
From this resume of the measures adopted by the Public Health Department it
will be seen that no other alternative was left to your Committee than to resort to
litigation if the statutory notice was not complied with, and therefore your Medical
Officer of Health was authorised to employ experts to support your surveyor's and his
evidence, and your solicitor, Mr. William Lewis, was empowered to engage Counsel to
conduct the case. For these purposes Professor Corfield, M.D., and Mr. De Courcy
Meade, Surveyor, were engaged as witnesses, and Mr. Alexander Macmorran as
Counsel.
Ultimately the case was heard at the Clerkenwell Police Court, and after a most
patient hearing, extending over three days, and after a visit to the schools, the magistrate,
Horace Smith, Esq., delivered his judgment in favour of the Vestry as follows:
—"I have come to the conclusion that both the drains in question are inefficient, and
"are a nuisance and injurious to health. I find as a fact that the 9-inch drain is laid
in an improper manner. Firstly, the gradient is irregular and insufficient; and,
"secondly, the joints are so badly put together that they cause a leakage of sewer matter
"into the soil. It was suggested by the School Board that although the gradients were
"irregular, yet, by a sufficiently frequent and ample flushing the drain might be left
"clear; but I find as a fact that even if a full flushing was regularly performed (about
"which in practice there would be some difficulty) there is not sufficient power to flush
"a 9-inch pipe.
"Even if a sufficient quautity of flushing could be obtained to cleanse a 9-inch
"drain, I find that the leakage of the joints of the drain would still render it
"inefficient, and would allow the sewage to percolate the soil. It was further urged
"by the Board that, admitting that the drain was badly laid, and that sewage matter
"percolated into the soil, yet the soil was stiff London clay, and so no escape of gas
''would be possible. I do not decide whether a drain perfectly cased in London clay
"would or would not be so secure as to prevent the possibility of any escape of sewage
"gas, but I find, as a fact, that the drain in question, and also the 6-inch drain, are not
"perfectly cased in clay, but are laid in a great measure in a soil of a varied character
"and quite capable of being percolated by sewage and sewage gas. It was further
"urged that the drains were some distance from the schoolrooms, and that the play"ground
and schoolrooms were covered with a thick coating of tar paving. I am of
"opinion, however, that it is far from impossible that sewage gas should not reach as
"far as the school buildings, and that in case of any cracking of the surface at any
"time there would be great danger. This being the case, I am further of opinion that
"there is danger from the roof water pipes which run inside the school building
"becoming contaminated by reason of the percolations from the leakage of the badly"laid
pipes; but if the drainage was made thoroughly efficient, there would be no
"objection to the position of the roof water pipes. The 6-inch pipe running from the
"caretaker's house appears to leak throughout, aud must be properly re-laid and made
"watertight. I make an order for the abatement of the nuisance, and a closing order