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"sewer." The former is repairable by the private owner; the latter by
the public authority.
In the opinion of builders, owners and local authorities combined
drains were originally constructed as drains, and were mutually regarded
as such until the retrospective case of Travis v. Uttley (1893), the effect of
which has been to convert thousands of drains, which had been privately
owned and privately maintained, into sewers vested in the local authorities
and maintainable at the expense of the ratepayers.
The state of the law has been described by the Lord Chief Justice,
who said in a recent decision, " It seems to me, as I have before pointed
out, to be essential that there should be some amendment of the law upon
this subject. The state of the authorities is such that it appears to be
impossible either to reconcile the various decisions or to deduce from them
any logical rule."
Several provincial authorities, notably West Ham, Croydon, Carlisle,
Leyton, Wood Green, Sheffield, etc., have been successful in obtaining the
powers which the Metropolitan local authorities ask for by this Bill.
Metropolitan Seweus and Drains.
[8 Edw. VII.J
A Bill to amend the Metropolis Management Acts with respect to
Sewers and Drains.
Be it enacted by the King's Most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same,
as follows:—
1. In and for the purposes of the Metropolis Management
Acts, 1855 to 1899, and the Public Health (London) Act, 1891,
or any Act or Acts amending the same, the word "drainshall be
deemed to include any sewer or drain, whether constructed before
or after the passing of this Act, with which two or more houses,
buildings or premises are, at the date of the passing of this Act, or
may at any time thereafter be connected, or which is used or
capable of being or intended to be used for the conveyance of the
drainage of such houses, buildings or premises directly or indirectly
to any sewer which has been approved as such by the Metropolitan
Commissioners of Sewers, the Metropolitan Board of Works,