Notice of buildings to

connected works and apparatus and water supply as hereinbefore mentioned be constructed and provided to the satisfaction of the surveyor of the vestry of such parish or board of works for such district, of such materials, of such size, at such level, and with such fall as they may direct, so that the same shall be available for the drainage of the lowest floor of such house or building, and of its several floors or stories, and also of its areas, waterclosets, privies, and offices (if any), which drain shall lead from such house or building, or the intended site of such house or building, to such sewer, already made or intended to be constructed near thereto, as the vestry or board shall direct and appoint, or if there be no such sewer existing or intended to be constructed within one hundred feet of any part of the intended site of such house or building, then to such covered cesspool (e) or other place, not being under any dwelling house, as the vestry or board shall direct; and whenever any house or building is rebuilt as aforesaid, the level of the lowest floor of such house or building shall be raised sufficiently to allow of the construction of such a drain and such branches thereto and other works and apparatus as are hereinbefore required, and for that purpose the levels shall be taken and determined under the direction of the vestry or district board.

LXXVI. Before beginning to lay or dig out the founbe given to dation (f) of any new house or building within any such parish or district, or to rebuild any house or building

the vestry or

(e) Sce 25 & 26 Vict. c. 102, s. 66, post, as to temporary provision for drainage into cesspools or tanks where there are no proper sewers within two hundred feet.

(f) By the 25 & 26 Vict. c. 102, s. 88, post, any person omitting to give this notice is made liable to a penalty not exceeding 51., and to a continuing penalty of 40s. for every day such omission shall continue. In the case of the Poplar District Board of Works v. Knight, 28 L. J. (N. S.) M. C. 37, the court of Queen's Bench intimated an opinion that a house built with foundations placed on the surface without any digging out was within this section.

district

the same.

therein, and also before making any drain for the pur-board before pose of draining directly or indirectly into any sewer commencing under the jurisdiction of the vestry or board of or for any such parish or district, seven days' notice in writing shall be given to the vestry or board by the person intending to build or rebuild such house or building or to make such drain; and every such foundation shall be laid at such level as will permit the drainage of such house or building in compliance with this Act, and as the vestry or board shall order, and every such drain (g) shall be made in such direction, manner, and form, and of such materials (h) and workmanship, and with such branches thereto and other connected works and apparatus and water supply as hereinbefore mentioned, and as the vestry or board shall order, and the making of every such drain shall be under the survey and control of the vestry or board; and the vestry or district boards shall make their order in relation to the matters aforesaid, and cause the same to be notified to the person from whom such notice was received within seven days (i) after the receipt of such notice, and in default of such notice, or if such house, building, or drain, or branches thereto, or other connected works and apparatus and water supply, be begun, erected, made, or provided in any respect con

(g) They have no power to order a person to construct a sewer, and where a party had in misapprehension of his rights built one and the vestry had ordered him to continue it, and on non-compliance threatened to put their powers in force, an injunction was granted to restrain them from demolishing or injuring the houses or preventing their completion; Clarke v. Vestry of Paddington, 5 Jur. (N. S.) Ch. 138.

(h) Under this section it was held that the vestry have the right to determine which of two descriptions of pipes should be used, and the vestry having required Lambeth pipes, the court refused on information to restrain them from entering upon the plaintiff's premises for the purpose of taking up works constructed with Aylesford pipes; Austin v. Vestry of St. Mary, Lambeth, 27 L. J. (N. S.) 677, Ch.

(i) See extension of this period by s. 63 of 25 & 26 Vict. c. 102, post.

Power to branch

drains into sewers constructed

litan board,

or district

board, under certain

regulations.

trary to any order of the vestry or board made and notified as aforesaid, or the provisions of this Act, it shall be lawful for the vestry or board to cause such house or building to be demolished or altered, and to cause such drain or branches thereto and other connected works and apparatus and water supply to be relaid, amended, or remade, or, in the event of omission, added, as the case may require, and to recover the expenses thereof from the owner thereof in the manner hereinafter provided (k).

[LXXVII. (1) It shall be lawful for any person, at his own expense, to make or branch any drain into any of the sewers vested in the metropolitan board of works or by metropo- any vestry or district board under this Act, or authorized or any vestry to be made by them under this Act, such drain being of such a size, and of such conditions, and branched to such sewer, in such a manner and form of communication in all respects as the vestry or board shall direct or appoint; and in case any person make or branch any drain into any of the said sewers so vested in the vestry or board, or authorized to be made by them under this Act, of a larger size, or of different conditions, or in a different manner and form of communication than shall be directed or appointed by the vestry or board, every person so offending shall for every such offence forfeit a sum not exceeding fifty pounds.]

Penalty.

Power to

metropolitan

vestry or

district board to

branch pri

LXXVIII. Whenever it is necessary to open any part board or of the pavement of any street or public place, for the purpose of making or branching any private drain into of the sewers or drains vested in the metropolitan any board of works, or any vestry or district board under this Act, or authorized to be made by them under this Act, it shall be lawful for the vestry or board, in case they think fit so to do, to make so much and such part

vate drains

into sewers,

at the ex

pense of the

party to

(k) As to the recovery of expenses, see ss. 225, 226, post. (2) This section is repealed by the 61st section of the 25th and 26th Vict. c. 102, post, which introduces new provisions with respect to branching drains into sewers.

of such private drain, and also to construct so much and whom they belong. (m) such part of the work necessary for branching the same into the public sewers as shall be under or in any street, and to recover the expenses incurred thereby from the owner of the house, building, or ground to which such private drain belongs, in the manner hereinafter provided. (n)

district

board may

make house

the expense

LXXIX. It shall be lawful for any such vestry or Vestry or board to contract and agree with the owners or occupiers of any houses, buildings, or ground that any drains agree to required to be made, altered, or enlarged by such drains at owners shall be constructed, made, altered, and enlarged of owners or by the vestry or board; and the cost price of making, occupiers. altering, or enlarging such drains, as certified by the surveyor of the vestry or board, shall be repaid by the owner or occupier so agreeing to the vestry or board, and in default of payment the same may be recovered in the manner hereinafter provided.

district

order a contribution

LXXX. Where any sewer in any of the parishes men- Vestry or tioned in either of the schedules (A.) and (B.) to this board may Act, into which any drain shall be made or branched, has been built since the third day of September, 1813, towards conand before the commencement of this Act, at the expense sewers in of any person or body other than any commissioners of

(m) A byelaw of the commissioners of sewers for Westminster, &c. required, where leave had been obtained for laying a drain into a sewer, that the opening into the sewer should be made, and the drain built for a length of three feet four inches from the sewer, according to a plan, &c. approved by the commissioners by a workman employed by them, and paid by the party. And it was the practice under the metropolitan commissioners of sewers for the contractor of the commissioners to lay the first length, and charge the party for so doing.

(n) As to recovery of expenses, see ss. 225, 226, post.

(o) See the sect. 59 of 25 & 26 Vict. c. 102, post, extending this provision to main sewers, and to sewers built since 1st January, 1856, or hereafter to be built at the cost of private partics.

struction of

certain

cases.(0)

Penalty on

erecting or rebuilding houses

per waterclosets, &c.

sewers, the vestry or district board in whom such sewer is vested may order such sum as they may deem just to be paid and contributed by the owner of the house to which such drain belongs towards the expense of the construction of such sewer, which sum shall, on the receipt thereof by such vestry or board, be paid over to the person or body aforesaid, and such vestry or board may, if they see fit, order and accept payment of such sum, with interest after a rate not exceeding 57. for the 1007. by the year, by instalments within any period not exceeding twenty years.

LXXXI. After the commencement of this Act it shall not be lawful newly to erect any house, or to rebuild without pro- any house pulled down to the extent aforesaid, within any parish mentioned in schedule (A.) to this Act, or any district mentioned in schedule (B.) to this Act, without a sufficient watercloset or privy and ashpit furnished with proper doors and coverings, and also furnished as regards the watercloset with suitable water supply and water supply apparatus, and with suitable trapped soilpan and other suitable works and arrangements, so far as may be necessary to ensure the efficient operation thereof; and whosoever shall offend against this enactment shall be liable to a penalty not exceeding 201. (a), and if at any time it appear to the vestry or district board of such parish or district that any house in any such parish or district, whether built before or after the commencement of this Act, is without a sufficient watercloset or privy and ashpit furnished with proper doors and coverings, and with other apparatus and works as aforesaid, the vestry or district board shall, in case the same can be provided without disturbing any building, give notice in writing to the owner or occupier of such house, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to provide a sufficient watercloset or privy and ashpit so

Power to

vestry, &c. to require Owners, &c. to provide sufficient water

closets, &c.

(a) As to recovery of penalty, see sect. 227, post.