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because it is difficult, if not impossible, to comply with them. These details,
being within the province of the Vestrv, do not seem to receive the consideration
of the Council; but the Vestry are not furnished with plans, and cannot therefore
see that the requirements of the Bye-laws are being provided for. It might be
advantageous for the London County Council to give instructions to the various
District Surveyors, to draw the attention of builders to the necessity for making
application to the Local Autherity before commencing to build, submitting details
as to proposed drains and sanitary conveniences, copies of the Bye-laws of the
Council being at the same time handed to the builder. At present, when the plans
have passed the District Surveyor, many are under the impression that the
sanitary arrangements have received the sanction of the London County Council.
The Vestry of Clerkenwell decided to make the above suggestions to the Council,
and having asked your Vestry to co-operate with them in the matter, a communication
was forwarded to the London County Council supporting their action.
Drainage Regulations.—The Vestries and District Boards of the Metropolis
have made regulations as to drainage under Section 83 of the Metropolis Local
Management Act, 1855. It has not been disputed that such regulations apply in
their entirety under Section 76 to the drain of any new house or building or of
any rebuilt house or building or of any premises not before possessing a drain
draining directly or indirectly into any sewer. Whether or not these regulations
apply to any new drain, whatever the expression "new drain" may mean, it is
impossible to discuss with profit here, as it would run to too great length. That,
however, "these regulations cannot have reference to old drains" was argued by
Mr. Macmorran, Q.C., and Mr. Courthepe-Munroe, and so decided by the Court of
Appeal at Clerkenwell Sessions on May 14th, 1898, in the case of Arlidge v. Kershaw
(St. Pancras Vestry).
The same Court further decided that "these regulations cannot have any
reference to repair," and they only have reference to the "making of a drain."
Therefore notice must be served under the Public Health (London) Act, 1891,
Section 4. This means that in serving notice to abate a nuisance [Section 4 (1)]
arising from a defective drain, and to prevent its recurrence [Section 4 (2)] the
sanitary autherity may specify any works to be executed, but as nearly all owners
require to know the works to be executed, and many owners are anxious to do
any necessary work if only the autherity would inform them what is necessary,
and as magistrates almost invariably adjourn cases for the purpose of causing
owners to be so informed, it obviously follows that the sanitary autherity must
specify any works to be executed, and in the absence of any bye-laws must describe
the manner in which the works must be executed for the abatement, and to prevent
the recurrence of drain nuisances.
Therefore, the present methed of procedure for abating drain nuisances is a
very cumbersome and complex process, entailing the service of a very long notice,
or of a number of separate shorter notices, and it is not apparent how this is to be
remedied, except by bye-laws applicable to any portion of a drain made or re-made.
Combined Drainage.—The amended Metropolitan Sewers and Drains Bill
drafted by the Conterence of Sanitary Autherities to amend the definition of
combined drains, approved by your Vestry and sent to the London County Council
to introduce and promote as a County Bill in Parliament, as set out in last year's