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103
With respect to main line sewers, a further order is to the effect—
"That the County Council be requested to trap with syphon traps all offensive gullies
on the main line sewers*."
I am not in a position to say to what extent the standing order with respect to street
gullies and ventilators to the Council's sewers was carried out in connection with complaints
received; but as regards the County Council's sewer ventilators, the Chief Engineer informed me
that he had ordered the temporary closing of the opening connected with the Counter's-creek
sewer near the Earl's Court Exhibition entrance in Warwick-road, and the openings connected
with the "Relief" sewer in Cornwall-road, in Clarendon-road, and in Holland Park Avenue.
This sewer is usually empty, as regards liquid matter, not receiving house drainage or road
surface water; and it is not brought into operation until the sewage and storm water in the middle
Level sewer rises to a height of 32 inches above the invert, when overflow, by means of a weir,
takes place, the discharge being into the Counter's-creek sewer as already stated. The empty
sewer, it is to be feared, will serve as a reservoir for sewer gas, acting as a ventilator to the
Middle Level sewer and the Counter's-creek sewer; in which event it may be expected that nuisance
will be re-established when the ventilators shall have been re-opened.
I had correspondence with the Chief Engineer of the County Council, on more than one
occasion, with respect to sewer smell complaints, and gladly testify to his willingness to abate
nuisance, temporarily at any rate, by closing offending openings; but I have felt some diffidence
in pressing the matter, knowing that the Council's own sewers were also often the cause of nuisance.
It is a statutory duty of the County Council to provide sewers for main drainage, and of
borough councils to provide sewers for the drainage of their respective districts; but these
authorities may not create nuisance in connexion therewith.† The state of the law in regard to the
question was explained by a sub-committee of the Law and Parliamentary Committee‡ of the late
Vestry, in a report on a reference by the Works and Sanitary Committee, arising out of reports of
nuisances I had made in 1897. The report, which originally appeared in the minutes of the
Vestry's proceedings, (on 6th October, 1897), has been reprinted in these reports more than once,
but will bear repetition; it reads as follows: —
"Your Sub-Committee have had before them the correspondence between the Vestry
and the London County Council on this subject, and the report of the Medical Officer of
Health on offensive smells in streets. They have also considered the various sections in
different Acts of Parliament bearing on the same subject, and advise the Committee that,
as to gullies, traps, and ventilators of sewers, the property of the Vestry, there is a clear
liability upon the Vestry in respect of nuisance arising therefrom.
"It must not be forgotten that the duty to cleanse every grating 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 Countv 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 sewers, 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 any one showing injury, or the Vestry may be ordered to comply
with their statutory duty by mandamus.
*With respect to any (existing) "gully or ventilating shaft immediately connected with or appertaining to any
sewer vested in the (London County Council)," the 27th Section of the Metropolis Management (Amendment) Act, 1862, ordains
that none such "shall be trapped, covered or closed-up without previous notice in writing being given to the said (Council), nor
if the said (Council) or their engineer within one week after the giving of such notice shall express in writing their or his
objection to the same."
†Section 71 of the Metropolis Local Management Act, 1855, reads as follows:—
"71. Every ..... (Borough Council) shall, by providing proper traps or other coverings, or by ventilation, or
by such other ways and means as shall be practicable (or that purpose, prevent the effluvia of cewers from exhaling
through gullyholes, gratings, or other openings of sewers in any of the streets or other places withi heir district."
‡The sub-committee consisted of Mr. (now Councillor) Craies, Mr. (late Councillor) Whitaker Thompson and Mr. R. C.
Glen then a member of the Kensington Sanitary Authority. The Committee deemed their report of "sufficient importance"
to be submitted in its entirety to the Vestry.