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115
which enable him to do so. I do not think that I have ever proceeded
under these sections without having heard all that the inspectors
had to say on the matter. One would think that our actiou was
irregular. It is the practice in vogue, and without it your sanitary
work would be at a standstill and many insanitary conditions would
go undiscovered. I may ask what would have been the state of
Southwark if these sections had not existed. I believe this power
has been fairly used, for if it had not, the assistance of a magistrate
would have been invoked to stop us. That the health of our inhabitants
has been improved thereby there can be no doubt.
When a case of defective drainage has been before the Court,
and the defect has been disputed, the magistrate has at times
directed an adjournment to take place in order that the condition of
the drain might be seen by all parties, and he has regarded the
evidence as incomplete until the drain has been examined in that
way. I can hardly suppose that the Council will take upon itself
the responsibility of refusing to exercise the powers conferred upon
it by these sections, enacted as long ago as 1855, and confirmed in
1891, proving the necessity of uncovering the drain before a proper
examination can be made.
I think the solution of the difficulty rests entirely with the
magistrate. If the ordinary course is taken and the matter come
before him under Section 115, the health officers will be obliged to
state the reasonable grounds upon which they base their application
to him. If they have no reasonable grounds, their application will
fail aud no warrant will be granted. I do not think it is advisable
that the Council should endeavour to take the place of the magistrate
who has much more experience in these matters. If the Council
sees fit to reverse our practice it will, I am sure, have a very farreaching
effect.
With regard to the paving of yards in Eltham Street for which
notices were served in the earlier part of this year, I may say that
each house has a small back yard. Immediately after the houses
were occupied I had a complaint (copy sent herewith) transmitted to
me by the London County Council. I at once visited these backyards
and found they were in a very dirty and unsatisfactory state
and were being partly covered with gravel. This not being in
accordance with the by-law, notices were served to pave the yards
with an impervious material. The whole cf the summer being dry I
thought it advisable to allow the matter to remain in abeyance until