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103
In connection with "combined drainage" an important
case was heard before Mr. Justice Hawkins on October
80th, 1896, in connection with the drainage of 85, 87, 89,
91, York Road, and 8 and 9, Addington Crescent.
The Vestry were in possession of a plan dated 1838,
when it must, presumably, have been approved by the
Sanitary Authority of that time, viz., the Kent and Surrey
Commissioners of Sewers, but the Court held that a
"sewer" is any system of drainage which receives two or
more drains, unless such combined system has received the
approval and sanction of—
(1) A Vestry, or District Board, who came into being
by virtue of the Metropolis Local Management
Act, 1855, or
(2) The Metropolitan Commissioners of Sewers who
came into being in 1848.
In other words, all combined drainages laid or constructed
prior to 1848 are "sewers" repairable by the Sanitary
Authority—a condition of things making Metropolitan
Authorities answerable for (roughly) two-thirds of their
drainage systems
The record of the payment to the Commissioners by the
owners in respect of the connection with the sewers in
York Road, was found in the minutes of the Surrey and
Kent Commissioners—a fact in favour of the Commissioners
having approved and sanctioned the combined system.
The Vestry decided to appeal but lost with costs.
Considering the large interests at stake by the Ratepayers
in Lambeth and all over the Metropolis, in view of these
decisions, an Act to amend the law as to "sewers" and
"drains" is much wanted, and will (it is hoped) be now