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59
The medical officer of health of Kensington gives account of the action taken by his authority
in connection with the nuisance from sewers. The following report was received from a sub-committee
of the law committee and adopted by present committee and vestry.
Tour sub-committee have had before them the correspondence between the vestry and the London
County Council on this subject, and the report of the medical officer of health on " offensive smells in
streets." They have also considered the various sections in different Acts of Parliament bearing on the
same subject, and advise the Committee that, as to gullies, traps and ventilators of sewers, the property
of the vestry, there is a clear liability upon the vestry in respect of nuisance arising therefrom.
It must not be forgotten that the duty to cleanse every grating or gully in a street (except in streets
cleansed by the Council), whether the gratings and gullies belong to the Council or the vestry, is by the
London County Council (General Powers) Act, 1894, transferred to the vestry.
As to sewers vested in the London County Council, the obligation to cover and keep so as not to be
a nuisance or injurious to health is upon the Council under section 135 of the Act of 1855. Power is
given to the vestry (but only with the consent of and after notice to the Council) to prevent effluvia
from exhaling from main sewers, and in respect of these London County Council sewers we advise that
the London County Council are liable for nuisance occasioned by smells, and not the vestry.
We recommend that the Works and Sanitary Committee be informed—
I. That they are bound to prevent the vestry sewers, gully-holes and traps from being a nuisance,
and must take all precautions to avoid the same, otherwise the vestry may be liable at the suit of anyone
showing injury, or the vestry may be ordered to comply with their statutory duty by mandamus.
II. With regard to the London County Council sewers, the vestry may, upon a flagrant case of
nuisance being proved, through the Attorney-General proceed against the London County Council by
information, or in the alternative apply for a mandamus to compel the Council to comply with section
135 above referred to.
It has been suggested that a Council sewer (looking to the width of the definition clause) may come
within the term premises in section 2 of the Act of 1891, but, without giving a contrary opinion, we
consider that a recent decision leaves it in considerable doubt whether the nuisance section in this
Act alters or adds anything to the previous law as to sewers.
Before taking action against the Council the Works Committee would probably recommend that a
further communication be addressed to the Council, pointing out the gravity of the nuisance and the
obligation the vestry feel themselves under to protect residents by any means which they may be
advised are available.
The medical officer of health reminds the vestry that in 1896 he had recommended that in
mews all gullies be effectually trapped, surface sewer gratings abolished, and ventilating shafts
erected in suitable positions.
The medical officer of health of Fulham states that the surveyor has succeeded in obtaining
permission to erect fifty shafts during the year, with the result that complaints respecting the offensive
smells arising from the manholes and surface ventilators have not been quite so numerous as heretofore.
He refers to the action taken by his authority against the Council requiring the Council to
comply with an order to abate the nuisance caused by the emission of sewer gas from certain ventilators
and states that this case was tried in the Divisional Court of the Queen's Bench Division before Mr.
Justice Day and Mr. Justice Lawrence, who held that the Public Health (London) Act, 1891, was not
intended to apply to public works belonging to a public authority, and dismissed the appeal with costs.
In the City, the medical officer of health reports, during 1897 seven shafts were fixed in front of adjacent
buildings, making in all 301 spread over the City. In Plumstead "Twenty-one new ventilating shafts
have been erected, and fifteen open manholes have been closed."
It will be seen from the above that remedy for nuisance from sewers is being sought in the
substitution of shafts for road-level air gratings. It is much to be hoped that the action of the
several authorities will be directed to exact inquiry into the circumstances which give rise to nuisance
from sewers and where this depends upon retention of sewage either from deposit in the sewer, or from
faulty construction of the sewer, or depends upon the admission into the sewer of matters which it
should not properly receive, that these matters will receive the attention they deserve.
Flooding from sewers.
The subject of flooding of basements with sewage is referred to in several reports. The medical
officer of health of Kensington writes that the matter " formed last year the subject of a conference
with the sanitary authorities of the adjoining parishes of Chelsea, Fulham, and Hammersmith. The
County Council was approached and the final outcome is that the Council have decided to proceed with
the construction of a new pumping-station at Lot's-road, Chelsea, at a total cost of £60,000, and to
apply to the Secretary of State for consent to the compulsory acquisition of the land required for the
purpose." The medical officer of health of Hackney refers to severe storms on the 21st July, 1897, in
the north and north-eastern parts of London, and states that from the known capacity of the sewers in
the district (Hackney), it is clear that flooding must result, and indeed a large number of houses
in the district—chiefly houses with basements—were flooded with sewage. It is unnecessary to say
that the health of the inmates of these houses was endangered." He gives account of the measures
which, on his advice, were adopted—the removal of the foul deposit left by the flood, the cleansing
and disinfection of the floors, and removal of the polluted soil beneath—and states that the eastern
part of the district suffered most, that Hackney Wick was much flooded, and would have suffered more
had not the marsh sewer burst, thus leading to the flooding of a large part of the marsh, and so
relieving Hackney Wick. He says, "I have in former reports referred to the small amount of fall in
the sewers of this part of the district, and the need of relief; and 1 am informed that the scheme formulated
by the London County Council is making progress, not of a very rapid character it is true, but
with a reasonable amount of certainty that the scheme will be carried out shortly." He also especially
calls attention to the flooding of basements of houses in an area situated at the most eastern part of
Clapton-park, stretching from Glyn-road on the west to the Hackney-cut on the east, and from Millfields-road
in the north to Blinco-road and Redwald-road in the couth. He made inquiry into the