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121
of 4th March, 1902, or are both parties to claim their
technical rights and refer all matters of difference to a
Magistrate as suggested by Dr. Millson?
The whole matter was exhaustively gone into between your
Committee, Mr. Raymond Barker and Mr. Dickins, and eventually
Mr. Dickins intimated that subject to Section 40 of the Public
Health Act of 1891 being only resorted to in cases where the
existence of defects has been proved to exist or where the drain
passes under a house in which an outbreak of diphtheria, typhoid or
enteric fever has occurred, he was willing to agree:—
(1) To the chemical test being repeated once, or even twice, in
cases where the Medical Officer is dissatisfied with the
result of the first test, but in such cases the test would of
course be made jointly by representatives of the Authorities
and the Estate.
(2) To undertake to ventilate and intercept drains of which
Lord Llangattock is the "Owner," subject to the understanding
that the authorities shall require no further works
to be executed, if, after the works of ventilation and interception
have been completed and the ground has been
filled in, no result is obtained from a chemical test.
A conference at this point took place between Mr. Dickins and
the Medical Officer of Health, with the result that an amicable
arrangement has been come to on the following basis, as expressed
by Mr. Dickins in a letter received from him on the 11th instant,
viz.:—
(1) ''I agree, when so requested, to ventilate and intercept all
old clay jointed, unventilated and non-intercepted drains,
and to relay the branch drains connected therewith.
(2) That while the trench is open for the reconstruction of the
drainage up to the back wall of the house, the drain under
the house, after being plugged, is to be tested by a chemical
test, and if no smell escapes, the drain under the house is
to be considered for all practical purposes sufficiently sound,
and is not to be disturbed.
In cases, however, where the smell of the tester escapes, Lord
Llangattock will adhere to the agreement contained in my