London's Pulse: Medical Officer of Health reports 1848-1972

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London County Council 1894

[Report of the Medical Officer of Health for London County Council]

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51
It is therefore suggested that the meaning of the word drain should be extended so as to include any
drain the plan of which has not been approved as a sewer under section 69 of the Act of 1855 and sections
45 and 48 of the Act of 1862. The result would be to transfer from the local authorities the liability
under which they now are to maintain and repair these sewers, and to cast it back upon the owner of the
property. It is admitted as regards drains hereafter made that no protection is needed, and the
suggested legislation is therefore entirely retrospective.
Under the Public Health Act, 1875 (which applies to the whole of the country except London), the
distinction between drains and sewers is carefully drawn. Every pipe or channel conveying the drainage
of more than one house is a "sewer." Every pipe or channel by which the drainage of one house only is
conveyed to a point of junction with another drain or sewer is a "drain." The owner of the premises is
responsible for the drain, the local authority for the sewer, and both private and public legislation have
proceeded upon this basis.
Assuming that the suggested legislation were obtained, difficulty would result even in a case where
the drainage of only two houses erected by one builder passes at some given point into one channel.
The houses will probably be sold to separate owners, and will certainly have different occupiers, and
there is no legislative machinery under which, in the event of a sewer draining more than one house
being defective, either owner or either occupier could have a remedy against the other, or indeed be
entitled to deal with the matter, and it is further obvious that the difficulty would become increased in
proportion to the number of houses drained into a common channel, unless the common channel were
under the supervision and management of the local authority responsible for the drainage and health of
the district.
In many cases, doubtless, both from laxity of supervision and from the premeditated acts of builders
and others, combined drains have been made without the requisite orders, and consequently must now
come under the definition of sewers, and in other cases, probably from the laxity of the local authorities
themselves and their predecessors, no proper record has been made of the combined drains sanctioned
by them. It appears that some parishes of London are in greater difficulty than others in consequence
. of the number of cases where sewers of this kind exist and have been constructed without the knowledge
of the local authorities or their respective officers, and allowed to be constructed without proper control
or record. It cannot be alleged with any show of truth that the vestries and district boards have been
in ignorance of the meanings of the words sewer and drain, as there was a reported case on the point so
long ago as 1865.
Being of opinion that the question of whether the suggested legislation should be promoted by the
Council or not, was one of policy, we have consulted the Parliamentary Committee, and they, after
conference with the parliamentary agent, are of opinion that Parliament would not give effect to the
wishes of the local authorities, and that application, especially by the Council, for any Act framed on
such lines would be undesirable. After careful consideration of the whole case we are unable to advise
the Council to promote the suggested legislation, and we recommend-
That the secretary of the conference of vestries and district boards convened to consider the
question of combined drainage be informed that the Council does not see its way clear to promote
legislation with a view to an amendment of the definition of the words sewer and drain in the
Metropolis Local Management Act. *
Housing of the Working Classes.
During 1894 the following steps were taken under the Housing of the Working Classes Act
in respect of unhealthy areas.
(а) Scheme undertaken by the Council under Part I. of the Housing of the Working Classes Act.
Boundary-street—The Public Health and Housing Committee was actively engaged during the-
year in dealing with questions of re-construction and re-arrangement of this area.
The greater part of the property had come into the Council's possession by the middle of the
year 1894, the number of houses which had not been acquired having been reduced from 160 in the
in the middle of 1893 to 31 in the middle of 1894. At Midsummer, 1894, 118 houses acquired by the
Council were still in occupation, affording accommodation to 215 tenants. Inquiry made by the valuer
as to the distance to which 934 tenants formerly living in the area had removed, showed that 523 had
removed to premises within £ mile of the area, 286 had removed to premises beyond £ mile, but within
½ mile of the area, 79 had removed to premises beyond but within one mile of the area, and 46 had
removed to premises beyond one mile.
(b) Schemes undertaken by the Council with contributions by the district authority under Part II.
of the Housing of the Working Classes Act.
Progress was made during 1894 in dealing with the Brooke's-market, Holborn, scheme, which was
sanctioned in October, 1892 ; with the Ann-street, Poplar, scheme, which was sanctioned in February,
1894; and with the Mill-lane, Deptford, scheme, which was also sanctioned in February, 1894.
(c) Schemes undertaken by district authorities with contributions by the Council under Part II. of
the Housing of the Working Classes Act.
Green-street and Gun-street.—The vestry of St. George-the-Martyr, having acquired the whole of
the property under this scheme, requested the Council to purchase the land, and to erect dwellings
thereon. The Council accordingly decided in November, 1894, to acquire the lands under Part III. of
the Housing of the Working Classes Act, and to ask the Local Government Board to make the necessary
modifications in the order issued with respect to this scheme.
Moira-place and Plumber's-place, Shoreditch.—The order sanctioning this scheme was issued by
the Local Government Board in April, and the confirming order was issued in October, 1894. The
scheme is being carried out by the Shoreditch vestry.
Norfolk-square, Islington.—This scheme was sanctioned by the Local Government Board in
September, 1893, and the confirming order was issued in February, 1894. The scheme is being
carried out by the Islington vestry.
London-terrace, St. George-in-the-East.—This scheme was sanctioned by the Local Government
Board in May, 1894. The scheme is being carried out by the Vestry of St. George-in-the-East.
The following areas may be specially referred to, among others, which were under the consideration
of the Public Health and Housing Committee during 1894, as having been the subject of
decisions of the Council during the year 1894.
St. Pancras areas.—Reference was made in my annual report of last year to the history of the
proceedings with respect to these areas, and to the recommendation of the Public Health and Housing
Committee with respect to the Somers'-town area, which the Home Secretary had decided should be
* On the 12th February, 1895, the Committee, after further consideration of the subject recommended the Council to apply to
Parliament for an amendment of the definition of the words sewer and drain in the Metropolis Local Management Act in the way desired
by the local authorities.