View report page

54
for not having taken up the old disused drains at Everington
Street Board School —as required by the Council —when reconstructing
the drainage of the School.
A notice having been served requiring the reconstruction of
the drainage of the School, which had been found to be defective,
the London Sanitary Protection Association submitted, on behalf
of the School Board, a plan showing the proposed reconstruction,
and were informed that the plan submitted would be approved,
provided the whole of the old drains proposed to be abandoned
were removed. On this understanding the work was then proceeded
with, and the necessary connections to the sewer were
made by the Council's workmen. In carrying out, however, the
new drainage scheme, certain of the old soil drains were not
removed, but were cleared out as far as possible and filled up at
the ends with concrete. A further notice was then served by
the Council upon the School Board, requiring them to remove
all the old disused drains and sewage charged earth," and on
their failing to do this, proceedings were taken against the
Board, who were fined £2 with 10s. costs.
At the hearing of the appeal it was contended on behalf of the
School Board that Section 83 of the Metropolis Local Management
Act, 1855, under which the notice was served, only relates
to "drains or other connected works made or provided," and not
to old disused drains which were not physically connected with
the new drains, and that as regulations and directions as to old
drains are not contemplated by the section, a fine could only be
imposed if regulations and directions as to new drains were not
complied with. The Court, however, held that under Section 76
of the Metropolis Local Management Act, 1855, which provides
that "before making any drain notice must be given to the
Council, and that every such drain shall be made in such direction,
manner and form, and of such materials and workmanship,
&c., as the Council shall order," it was competent for the
Council, before sanctioning the new system of drainage, to
require the removal of the old disused drains.
The appeal was therefore dismissed with costs.