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The Board have reason to believe that, in a very large number of cases
where, local authorities disinfect or procure the defection of premises and things
which have been exposed to infection, the disinfectant employed is Carbolic
Acid. They desire to take this opportunity therefore, of pointing out that
whenever the disinfectant employed is Carbolic Acid, or any other poision within
the meaning of the Pharmacy Act, 1868, only bottles similar to those prescribed
by the Regulations adopted by the Pharmaceutical Society of Great Britain,
and approved by an Order of the Lords of the Council, dated the 31st January,
1899, should be used to contain it.
A copy of the last-mentioned Order is also enclosed.
I am, Sir,
Your obedient Servant,
S. B. Provis,
Secretary.
To the Town Clerk.
§6. LEGAL DECISIONS.
Having regard to the question that so often occurs whether cutting off one
drain from another converts a remaining unordered combined drain or sewer
into a drain, the following decision is definite and clear:—
Vestry of St. Leonard, Shoreditch, v. Phelan (L.R. 1896 1.9.B 533,
74 L.J. 285, 65 L.J.M.C. 111).
This case of the Yestry of St. Leonard, Shoreditch, v. Phelan has not been
overruled by any subsequent decision. In delivering judgment in this case,
Mr. Justice Day said—
"It appears from the facts that the pipe in question did at one time take the
drainage of two houses, and there was no evidence of any sanction by the
Local Authority so as to constitute a combined operation within Section 250,
and so make the pipe a drain. Hence at one time this pipe was a sewer and
consequently vested in the Parish Authorities, who had to keep it in repair.
This burden they did not discharge, and whilst it was out of repair it was
allowed to constitute a nuisance. While an attempt was being made to get the
nuisance abated, an arrangement was made that the owner of one house
(No. 36) should dispose of Lis sewage in some other way. This he did and cut
off his drainage system from that of No. 42, the other house. The Vestry say
this pipe is no longer a sewer it has become a drain, and the obligation to
repair it is on the owner and not on us." In concluding, the learned Judge
says:—"In my judgment, once a sewer always a sewer if used for the
purpose of carrying drainage. I am led to this conclusion from the words of
the Act of Parliament, which provides for the vesting of all sewers made and to
be made in the Vestry."
Mr. Justice Wills concurred, and said:—"The vesting is the governing
factor in the determination of this, and that provides that all sewers made and
to be made shall be vested in the Vestry. Therefore, when this combined
system came into existence the pipe vested in the Local Authority. They (the
sewers) have vested in the Parish, and I think once and for all, I see no provision
for vesting them in the owner if the other houses are taken away and I
think express words are required to effect such an alteration."