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106
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.
II. With regard to the London County Council
sewers, the Vestry may, upon a flagrant case of
nuisance being proved, through the AttorneyGeneral
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
Vestry feel themselves under to protect residents by
any means which they may be advised are available.
"All which is submitted."
The Law Committee approved the report of the subcommittee,
and, deeming the subject to be of importance,
directed it to be set forth in their report which was adopted
by your Vestry on 6th October.
My ninth report above adverted to, having been referred
to the Sanitary Committee, the subject was subsequently