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84
"It must not be forgotten that the duty to cleanse every prating or gully in a street
(except in streets cleansed by the Council), whether the gratings and gullies belong to the
Council or the Vestry, is by the London County Council (General Powers) Act, 1894, transferred
to the Vestry.
"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 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—
"1. That they are bound to prevent the Vestry sowers, 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.
"With regard to the London County Council sewers, the Vestry may, upon a flagrant
case of nuisance being proved, through the Attorney-General proceed against the London
County Council by information, or in the alternative, apply for a mandamus to compel
the Council to comply with 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 Vestrv feel themselves under to protect residents by any
means which they may be advised are available.
" All which is submitted."
The foregoing report was made on the reference by the Works and Sanitary Committee
adverted to. This Committee, subsequently presented the report containing the recommendations
above set out, dealing with the trapping of street gullies and the abolition of surface sewer ventilators.
The report, which was adopted, was printed in the minutes of the Vestry, 6th October,
1897, page 530; having been made "pursuant to the reference by the Vestry of the 22nd September,"
of certain "recommendations embodied in the ninth report of the Medical Officer of
Health, dated 16th September, 1897."
The subject is deserving of the careful consideration of the Council, so little, relatively,
having been accomplished by way of giving effect to the recommendations of the late Sanitary
Authority, the importance and value of which do not admit of question.
Bead. Ends of Sewers.—In the twelfth report, 1904 (page 173) reference was made to what
is considered to be a main cause of offensive smells in streets: viz., the existence of "dead
(unventilated) ends of sewers—a subject on which I had reported in the annual report for 1874
(page 43), and on other occasions; notably in the annual report for 1898 (pp. 106-118), in connection
with a discussion on the ventilation of sewers, a question then engaging the attention of
the Sanitary Committee of the late Vestry. The question cropped up again in December last,
in connexion with a communication from the Lewisham Borough Council forwarding a report
by their Borough Engineer on the subject of sewer ventilation, which was referred to the
Public Health Committee and the Works Committee for consideration, the upshot being that
that good might result from a Conference of the set out in the Lewisham communication, thought
each Committee, whilst dissenting from the views Metropolitan Borough Councils, for consideration
of the whole question of sewer ventilation. The Council approved the suggestion, and the
County Council was approached; but there was no Conference.