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110
The tomatoes were voluntarily surrendered to the
Inspector by the owner and duly destroyed.
(3) October 7th, at 191, Gipsy Road, a bullock's lungs,
which were found on examination to be full of tuberculous
nodules.
Legal Proceedings Connected with Drainage.
12 summonses were taken out during 1904 against owners
for defective drains and sanitary fittings, and 4 were dismissed
by the magistrate on technical points. In the other 8 cases
orders were made to do the work, or penalties were inflicted—a
total of £2, and 18s. costs.
An interesting damage case was decided during 1904 by Mr.
Horace Smith, at Lambeth Police Court, on October 12th. A
summons was taken out by the Council against the builder and
surveyor (acting for the owner) for having reconstructed the
drain at 29, Binfield Road, Clapham Road, without properly
laying it on concrete, and without an efficient intercepting trap
and ventilation, as required by the London County Council Byelaws.
The summonses were dismissed, the magistrate holding that
it was simply a "repair" and not a "reconstruction" of a drain,
to which the Bye-laws did not apply, although, as a matter of
fact, it was shown in evidence (and not disputed) that the drain
had been relaid from front to back of the premises, a distance of
80 feet. The magistrate voluntarily expressed his willingness to
state a case for the consideration of the High Courts, but the
Borough Council decided that such an appeal was unnecessary,
as it was clear that the magistrate, when giving his decision, was
not in possession of the whole of the facts.
Combined Drainage.
Many combined drainages have been reconstructed by the
Council during 1904, amounting to .£620 15s. (estimated), as