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95
The Vestry, upon the recommendation of their Sanitary Committee, Resolved—To
adopt the middle course, viz.: To thoroughly cleanse and substitute a 12 inch pipe
surrounded with concrete for the old culvert, which would be abolished.
Notices were accordingly served upon the Owners of Nos. 42 to 54, and 62 and 64,
St. Marychurch Street, to reconstruct the drainage thereto. The Vestry subsequently
received an intimation from the Owners that they would not object to transfer the existing
drainage into the front sewer in St. Marychurch Street, provided the Vestry would meet
them in the matter, but questioned the right of the Vestry to compel them to do so : the
premises having for so many years been drained into the old sewer in the rear. The Clerk
having advised the Vestry that the Owners having acquired an easement of drainage into
the back sewer, it was doubtful whether they could be compelled to drain into the new sewer
and that the Vestry might be called upon to reconstruct the back sewer.
It was Besolved.—"With the view of abolishing whenever possible back drainage, to meet
the Owners in the matter by putting in the new connections up to the fronts of the houses
free of expense to the Owners, at an estimated cost of from £30 to £35, and that upon the
existing drainage being transferred to the front sewer in St. Marychurch Street, the
Surveyor be instructed to fill up and entirely abolish the old sewer at the back, and that the
previous resolution of the Vestry in the matter be rescinded.
The Clerk subsequently reported that he, with the Surveyor, had had an interview with
Messrs. Still & Son (Solicitors for the Owners), upon the matter and had learnt that the
estimate of Messrs. Stock, Page and Stock (the Owners' Surveyors) of the cost ol
reconstruction amounted to considerably more than that of the Surveyor aiul that
consequently there was a hitch in coming to an arrangement in the matter, when the
following resolution was passed:—
"That the matter be referred back to the Sanitary Committee for reconsideration
and report, and that the Clerk in the meantime take counsel s opinion as to the power
of the Vestry to compel the Owners to drain into the Vestry's sewer in St. Marychurch
Street."