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137
"As to sewers vested in the London County Council, the obligation to cover
and keep, so as not to be a nuisance or injurious to health, is upon the
Council under section 135 of the Act of 1855.
"Power is given to the Vestry (but only with the consent of and after notice
to the Council) to prevent effluvia from exhaling from main sewers; and
in respect of these London County Council's sewers, we advise that the
London County Council are liable for nuisance occasioned by smells,
and not the Vestry.
"We recommend that the Works and Sanitary Committee be informed:-
"I. That they are bound to prevent the Vestry sewers, gully holes and traps,
from being a nuisance, and must take all precautions to avoid the same,
otherwise the Vestry may be liable at the suit of anyone showing injury,
or the Vestry may be ordered to comply with their statutory duty by
mandamus.
"II. With regard to the London County Council sewers, the Vestry may,
upon a flagrant case of nuisance being proved, through the AttorneyGeneral,
proceed against the London County Council by information, or
in the alternative apply for a mandamus to compel the Council to comply
wit section 135 above referred to.
"It has been suggested that a Council sewer (looking to the width of the definition
clause) may come within the term premises in section 2 of the Act of
1891, but, without giving a contrary opinion, we consider that a recent decision
leaves it in considerable doubt whether the nuisance section in
this Act alters or adds anything to the previous law as to sewers.
"before taking action against the Council, the works committee would probably
recommend that a further communication be addressed to the
Council pointing out the gravity of the nuisance, and the obligation the
Vestry feel themselves under to protect residents by any means which
they may be advised are available.
" All which is submitted."
The report was approved by the law and parliamentary
committee, transmitted to the sanitary committee, and likewise
submitted to and adopted by your Vestry.
In the ninth monthly report, 1897, I recommended:—
"1. That offensive street gullies in connection with sewers under the control
of the Vestry should be efficiently trapped, and that offensive ventilating
openings in connection with' sewers under the control of the Vestry
should be closed; and, that, where practicable, shafts should be substituted
for such openings, in conformity with the provisions of section 71
of the Metropolis Local Management Act, 1855.