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inasmuch as the rainwater from the roofs of Nos. 18 & 20 drained
down a rainwater pipe which discharged over a gully in the rear of
No. 22.
Reference was then made to the drainage plans deposited by
the builder, and duly approved by the Vestry on 22nd June, 1893.
These plans show each house to be drained separately. As the case
presented several difficult points the opinion of Counsel was taken,
who advised (1) that the claim should be resisted on the ground that
the owner could not take advantage of the wrongful act of his
predecessor in title; that (2) notice should be served on the original
builder to alter the drains in accordance with the plans; and that,
(3) failing compliance, the Council should carry out the work and
charge him with the cost. The claim was accordingly repudiated
by the Council and nothing has since been heard of it.
The Council then resolved:—
"That the Medical Officer of Health and Senior Sanitary
Inspector be authorised to enter upon the premises Nos.
18, 20 & 22, Agincourt Road, for the purposes of, and in
accordance with the provisions of Section 82 of the
Metropolis Local Management Act, 1855.''
Formal notice of intention to enter was then served on each of
the occupiers; the drains were formally examined and found not to
be in accordance with the plans.
The result of the examination was reported to the Council who
resolved:—
1. "That orders be made upon Mr. R. T. in respect of
Nos. 18, 20 & 22, Agincourt Road, to alter and amend
the drains and other works or apparatus connected
therewith, so as to cause the premises to be drained in
accordance with the original plans."
2. "That in default of these orders being complied with, the
Borough Engineer be authorised to enter upon the
premises and carry out the necessary works, the expenses
incurred in so doing to be recovered from the said R. T."
Notices were then served on Mr. R. T. personally in respect of
each house.