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97
provides for the very case, and under this section if the Vestry discontinue a sewer they must at
their own expense provide new house drains iDto the new sevrer. I am of opinion that this is
plainly the course which should be adopted in the case before me, the contrary suggestion, even if
warranted by the language of section 73 (which I think is not the case) is in my judgment a
straining of that section so as to apply to circumstances which 1 am sure were never in the contemplation
of the legislature."
The Vestry (in view of the above adverse opinion) resolved to leave the matter in the
hands of the officers of the Vestry to endeavour to arrange terms with the Owners by putting
in the new connections up to the fronts of the houses free of expense to them or otherwise
and that upon the existing drainage being transferred to the front sewer in St. Marychurch
Street, the old sewer at the back be abolished and that the previous resolution of the Vestry
in the matter be rescinded, as previously recommended to the Vestry and of which notice
has already been given, and on 16th April, 1895, the resolution of 20th November, 1891,
referred to above, was, on the motion of Mr. Bisley, and seconded by Mr. Streeton, duly
rescinded.
The matter was subsequently satisfactorily arranged and the existing drainage
transferred to the front sewer in St. Marychurch Street.
Upon the application of the Owner of 56, St. Marychurch Street, upon whom a notice
had been served to reconstruct the drainage thereto, the Vestry resolved upon the drainage
being transferred to the front sewer in St. Marychurch Street, to put in the connection up
to the front of the house free of expense to him, and to bear half the cost of the construction
of the drainage up to the back wall of the house, in view of the fact of the house having
drained into the back sewer for so many years, and which the Vestry now propose to abolish.
On 16th July, 1895, the Surveyor was authorised to allow the drain of the School
House in St. Marychurch Street to go into the new drain being made in the Burial Ground
for the new Mortuary.