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' That as to gullies, traps, and ventilators of sewers,
there is a clear liability upon the Vestry in respect of
nuisance arising therefrom.'
" In other words, the Law Committee indicate that it is
the duty of the Vestry to carry out the provisions of section 71
of the Metropolis Local Management Act, 185, which reads as
follows:—
' 71. Every Vestry shall, by providing
proper traps or other coverings, or by ventilation, or by
such other ways and means as shall be practicable for that
purpose, prevent the effluvia of sewers from exhaling
through gullyholes, gratings, or other openings of sewers,
in any of the streets or other places within their
parish.'
" The Law Committee further advised that your Committee—
' Are bound to prevent the Vestry sewers, gullyholes
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.'
" The second recommendation was :—
That application should be made to the County
Council, from time to time, for permission to trap offensive
gullies, and close offensive ventilating openings connected
with sewers under the control of the Council, in conformity
with the provisions of the 27th section of the Metropolis
Local Management Act, 1862.
" In regard to this matter, the Law Committee report
that—
' As to the sewers vested in the County Council, the
obligation to ' cover and keep so as not to be nuisance, or