View report page

70
amendments of the bye-laws were embodied in a report (dated 29th January, 1897), which was
forwarded to the Local Government Board and the Council. The bye-laws have not yet been
confirmed by the Board. It is to be hoped that there will not be much further delay in bringing
the matter to a settlement, in the interests of property owners and sanitary authorities alike.
COMBINED DRAINAGE.
Several of the metropolitan sanitary authorities made representations to the County Council,
in 1894, on the need of legislation, "with a view to an alteration in the definition of the word drain
and the word sewer," in the Metropolis Management Act, 1855 (sec. 250); and ultimately a
deputation representing the vestries and district boards waited upon the main drainage committee
with reference to the subject. This committee reported (7th July, 1894), that "a grievance exists,
and that a heavy responsibility is thrown upon the local authorities to repair combined drains which
were laid down for the benefit of the owners of houses, and with the intention that the owners should
be held responsible for their maintenance." The committee further came to the conclusion that
"the Council should, as the central authority, promote legislation in accordance with the views of
the local authorities," and upon their recommendation it was resolved:
"That the Council do apply to Parliament for an amendment of the definition of the word
sewer and drain in the Metropolis Local Management Act in the way desired by the
local authorities, and that it be referred to the Parliamentary Committee to prepare a
Public Bill and take such other steps as may be necessary for that purpose."
Such a bill (Metropolitan Sewers and Drains) was brought in on behalf of the Council in
1896, the special object being to obtain an amendment of the definition of the word " drain " in the
Metropolis Management Acts : but it did not become law. The Borough Councils have power to
promote bills in Parliament, and it may be anticipated that they will, ere long, take joint action in
this matter, as the County Council apparently do not propose to repeat their effort to obtain an
amendment of the Act. Legislation is certainly necessary, seeing that in the past, many sanitary
authorities have shown unwillingness to repair, as " sewers," conduits which they consider should be
regarded as " combined drains," repairable at the expense of the owners of the houses drained in
common thereby. Cases moreover are not unknown in which a sanitary authority failed to abate
nuisance in connection with drainage, upon the refusal of the owners of houses to comply with
notices requiring them to execute work which, in the present state of the law, has been held by the
highest legal authorities to be the duty of the sanitary authority. Some authorities, on the other
hand, have expended large sums of money in the repair, as sewers, of combined sj'stems of drainage.
With the view to facilitate inquiries as to whether any such system had been sanctioned by the
late Commissioners of Sewers, the predecessors to the late vestries, &c., and so to determine, when
practicable, whether it constitutes a " sewer" repairable by the sanitary authority, or is a combined
" drain " repairable by the owner or owners of the houses drained thereby, the sanitary committee
of the late Vestry, upon my advice, resolved, in July, 1898, to obtain an abstract of the records of
the Commissioners relating to this borough. The abstract has proved of great service, by saving
the labour of a search at Spring Gardens upon each occasion of dispute ; and it has already far
more than repaid the cost of preparation, by throwing upon owners the responsibility for repair, or
reconstruction, of combined drains which, without the information afforded by it, would have
devolved upon the sanitary authority.
THE PAYING OF YARDS.
During the year, a considerable number of yards were paved more or less satisfactorily—
or unsatisfactorily; for it is not the rule to require the entire surface of the small yards at the rear
of houses, inhabited by the poor, to be paved; and too commonly the paving is far from what it
should be in material and workmanship. It would be well if work of this sort could be carried out
systematically throughout the borough ; but individual cases only can be dealt with as they
arise out of casual or special inspections, or in the case of house-to-house inspections. The
committee on "Notting-dale," in their report (June 18th, 1896), referring to the state of the
vards in the special area, stated they were " saturated with human ordure and filth of every
description." They were of opinion " that the yards should be asphalted or paved," and the first
of their recommendations, all of which were approved by the late Vestry, was to the following
effect:—
"That it be referred to the Works and Sanitary Committee to have notice served upon the
owners or occupiers of the houses in the several streets .... requiring them to
asphalte, or pave with impervious material, the yards in the rear of such houses which
are not in proper condition."
Effect has, in a measure, been given to this recommendation.