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99
CERTIFICATES AS TO WATER SUPPLY.
During the year 105 Certificates have been issued under Section 48
of the Public Health (London) Act, 1891, as compared with 320 in 1904.
EXAMINATION OF DRAINS.
The power given to Local Authorities by Section 82 of the
Metropolis Management Act, 1855, to cause ground to be opened for
the purpose of making an examination of a drain, is an exceedingly
important provision.
During the year it has been found necessary to exercise this power
on seven occasions, and in each case it was found that the drains were
in a very defective state.
It is sometimes contended that, in exercising the authority to open
ground, resort is being had to an old Act which is obsolete, but when it
is remembered that the Orders and Bye-laws governing the construction
or reconstruction of all drains are made in pursuance of its provisions, it
will be seen that this contention cannot be maintained.
When the Public Health (London) Act, 1891, was passed, it
repealed the greater part of Section 82, except so far as it related to a
drain or sewer.
Without this power it would be a comparatively easy matter to
defeat the requirements of a Sanitary Authority regarding defective
drains; the smoke test is not sufficiently reliable to demonstrate many
serious defects which may exist, and if there is no inspection chamber
the water test cannot be applied.
In relation to this last test, I would point out that there are cases
where the application of such a severe test may not be advisable, and
where the actual condition of the drain can only be safely ascertained by
direct inspection of the pipes.
The most notable instance was in a case where, as a result of the
examination, a notice was served on the owners to "reconstruct the
drains." This was resisted on the ground that the requirement was in
excess of the Statute, and that the drains were capable of being repaired.