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No. 155, Sumatra Road, and the Council have no record of
any order made either by themselves or their predecessors for
the drainage of the said premises, No. 155, Sumatra Road,
with any other premises by a combined operation.
(r) The notices prescribed by the Public Health (London) Act,
1891, were duly authorised by the Council and served on the
Respondent.
( /) The nuisance alleged in the said complaint existed at the time
when the said complaint was preferred, and had not been
abated at the date of my said determination.
(who was the freeholder of the land upon which the said houses
have since been built, agreed with William Brittain to grant
a lease of a piece of land on the south side of Sumatra Road
aforesaid, together with the messuage and buildings intended
to be erected thereon for the term of 99 years from the 2oth
December, 1882, at the relit of a peppercorn up to the
25th December, 1885, and thenceforth at the yearly rent of
£110. Under the said Indenture the said William Brittain
covenanted to build and finish fit for habitation before
25th December, 1885, sixteen messuages. Under the said
Indenture it was provided that the said William Brittain
should have possession of the said land immediately upon the
execution of the said Indenture, and that on completion of the
said messuages the Respondent would grant a lease of the
same to the said William Brittain or his nominee in a form
signed by the Respondent and the said William Brittain at the
lime of the execution of the said Indenture, by paragraph 8
of the said Indenture of the 24th December, 1884, it was
provided as follows:—"All the said messuages and all
buildings to be erected on the said land shall be built and
constructed with good, new, sound, durable and proper bricks,
timber and materials, and in a substantial and workmanlike
manner, and in all things according to plans, elevations and
specifications to be prepared by the landlord's surveyor, and no
alteration or deviation shall be made in such plans, elevations
or specifications without the previous consent in writing of
such surveyor." In the year 1888 the Respondent on the
failure of of the said William Brittain to repay monies advanced
to him by the Respondent on a mortgage of the said land and
messuages foreclosed the mortgage and took possession of the
said land, messuages an I buildings, and on the 1st day of
November, 1888, granted a lease of the said premises, No. 155,
Sumatra Road, for a teiin of 99 years from the 25th December,
1882, at a rent of £8 10s. Od. per annum to a Mrs. Elizabeth
Nowell Jordain. It is stated in the said lease that it is granted
" in consideration of the expense which has bean incurred in
erecting the messuage and buildings hereinafter demised, and
of the rent, covenants and agreements hereinafter reserved and