View report page

71
officials by the defendants and their witnesses to a proper examination,
and only two joints in the drain were thoroughly exposed. The two
joints in question were found to have blackened earth beneath them and
to leak. On the resumed hearing on February 17th, the Trustees argued
that the water test which was originally applied was not a fair one for an
old drain such as this was, and that the drain was a good one for all
practical purposes. The Borough Medical Officer gave evidence at some
length, as to the conditions which he found when the drain was opened
for inspection, and said he came to the conclusion that it was defective.
For the defence Dr. J. Priestley, Medical Officer of Health for Lambeth,
stated that although a drain might leak under water pressure it
would not necessarily leak in ordinary use. His Council had passed a
resolution that the water test should not be applied to old drains, except
with the consent of the owner. At this stage the case was further adjourned
for 7 days at the request of the defendants, in order that the Magistrate
might examine the defective drain, which he did on Saturday, February
18th. On the adjourned hearing on 24th February, the defendants'
counsel intimated that if it was understood that the rights of the Trustees
were not to be prejudiced as regards the remainder of their drains, they
would be prepared to meet the Borough Council in regard to this particular
drain. The Magistrate stated "that he felt that the defendants had
approached the matter in a very proper spirit. He had seen the drain
and had come to the conclusion that it was defective. How soon that
defect (and all these cases must be a matter of degree), small though it is
now, might develop into a serious one, no human being could tell. How
soon a drain would give out when once it leaked it was imposible to form
any accurate opinion. It depends entirely upon the pressure put upon it,
and so forth.''
Defendant's counsel said he did not think it would be necessary to
ask the Magistrate to come to a finding in regard to this particular case
one way or the other. What he was anxious about was the attack upon
the drains of these buildings generally. The Council contended that the
Public Health Act of 1891 was sufficient, practically to enable them to
cause drains laid under their own supervision in 1883 to be now replaced
by drains which would stand the water test, of course his contention
would be that they could not do that.
Mr. Topham, Solicitor for the Borough Council, said he was told by
the Medical Officer of Health that it was not proposed to take similar
proceedings to these in regard to any of the other drains, and the Medical
Officer had instructed him to say that he was willing to give an undertaking
that the water test should not be applied to the Trustees' drains