No. 289. 5 & 6 Vict. c. 55 8. 17. 29 VICTORIA, seize and detain any person employed by the board or company in conducting traffic upon any railway or in repairing and maintaining the works of any such railway who shall be found drunk while so employed, or who shall commit any offence against any of the byelaws, or who shall wilfully maliciously or negligently do or omit to do any act whereby the life or limb of any person passing along or being upon any such railway or the works thereof shall be or might be injured or endangered or whereby the passage of any engines carriages or trains shall be or might be obstructed or impeded; and to convey such person so offending or any person counselling aiding or assisting in such offence with all convenient dispatch before some justice without any other warrant or authority than this Act. And every such person so offending and every person counselling aiding or assisting therein as aforesaid shall when convicted upon the oath of one or more credible witness or witnesses before such justice (who is hereby authorised and required upon complaint to him made upon oath without information in writing to take cognizance thereof and to act summarily in the premises) in the discretion of such justice be imprisoned with or without hard labor for any term not exceeding three months, or in the like discretion of such justice shall for every such offence forfeit to Her Majesty any sum not exceeding fifty pounds, and in default of payment thereof shall be imprisoned with or without hard labor as aforesaid for such period not exceeding six months as such justice shall appoint, such commitment to be determined on payment of the amount of the penalty. City and suburbs to be surveyed sewerage and drainage purposes. 11 & 12 Vict. c. 112 s. 32. PART IV.-SEWERAGE. (a) 157. For the purposes of sewerage and drainage under this and mapped for Act, the board shall as soon as conveniently may be cause to be made surveys of the area within the limits of the city of Melbourne and of the suburbs thereof which it may think necessary to include in such surveys and a map or maps thereof on such scale or respective scales and with such indications of levels and particulars of sewers and underground works and of the surface as to it seems fit; and may cause such map or maps or any part thereof to be from time to time copied engraven and published; and shall from time to time cause such map or maps to be revised and such additions made thereto as may show the new sewers and drains and the new streets roads houses or other alterations, and the date of revision shall be expressed therein; and every such map shall be kept in the office of the board, and the same or a copy thereof shall be open at all seasonable times to the inspection of the owners or occupiers of lands or houses within the said city or suburbs. Construction of sewers. 158. The board may make any sewers or drains of such construction and in such manner as it thinks proper, and may (subject to the restriction hereinafter mentioned) break up the soils pitchings and pavements of any public or private street, and may excavate and sink trenches for the purpose of laying down making and constructing common sewers or drains therein, and may cause such common sewers or drains to communicate with the sea or any arm thereof or (a) The 7th part of this Act, so far as it is applicable to the Board of Land and Works and the purchase and taking of land for the purposes of this part, is repealed by 33 Vict. No. 344 s. 1, "Lands Compensation," ante, p. 1327. No. 289. c. 112 s. 63. with any stream or public watercourse (either within or without the 29 VICTORIA, limits of the said city and the suburbs thereof) not being or communicating with the River Yarra Yarra above Prince's Bridge in the City of Melbourne; and also from time to time may open cleanse and repair such sewers or drains or alter the position thereof; and 11 & 12 Vict. also from time to time may make any drains or sewers from any main sewer or drain laid in any street made by the board by virtue of this Part of this Act into any dwelling-house or houses public or private buildings and premises for the purpose of cleansing and draining any such house or houses or other premises by means of such sewers or drains; and may do all such other acts matters and things as it shall from time to time deem proper for making amending repairing completing or improving any such sewers and drains or other works to be made done and provided for the purposes of this Part of this Act. mages. 159. In the execution of the several powers to it hereby granted Board to make the board shall do as little damage as may be, and shall build and good any daconstruct the said sewers in a sufficient and effectual manner for Ib. accomplishing all the purposes hereby intended; and, subject to the restrictions hereinafter mentioned and after laying or removing or altering or repairing any such drains or sewers, shall immediately fill in the trenches or excavations and make good the ground soils pitchings and pavements of any such public or private street and other damage and remove the rubbish occasioned thereby, and shall in the meantime fence or guard the place or places where any ground shall be opened in such manner as to prevent danger or accidents to passengers carriages horses cattle or sheep and agreeably in all respects to the provisions in this Part of this Act contained; and this Part of this Act shall be sufficient to indemnify the board and all persons acting under its authority for all acts and things done by virtue hereof. makes wilful by party in 160. If there be any wilful or negligent delay in the board or Where board any of its officers or any other person acting by or under its authority default damage in filling in any such ground trenches or excavations or removing may be repaired rubbish or making good any such ground or the soils pitchings or terested. pavements of any such public or private street or other damage according to the provisions in this Part of this Act contained, or if the same respectively be imperfectly done, or if the ground so opened be not fenced or guarded in the manner herein required, the person in whom the right of soil of such ground shall be or to whom there now does or hereafter shall belong any power to maintain or repair the soil pitchings and pavements of any such public or private street or any person acting for them or him may fill in such ground trenches or excavations and remove such rubbish, and may repair and make good such ground so broken up and the soils pitchings and pavements of any such public or private street or other damage, and may properly fence and guard any such trench or excavation and may place and maintain such light or lights during the night as to them or him shall seem necessary, and the reasonable costs and charges thereof shall be paid by the board to the persons who shall have disbursed or incurred the same; and in default of payment thereof for thirty days next after demand made for the payment thereof all such reasonable costs together with any sum not exceeding five 29 VICTORIA, pounds by way of penalty may be recovered in a summary manner before justices. No. 289. Sewers may be constructed in private grounds with owner's consent. Altering sewers. sewers. Board not to c. 112 s. 38. 161. The board may excavate the ground and may make any sewers or drains in along or over the land of any person for the purpose of communicating with any main sewer or drain made by the board in pursuance of this part of this Act with the consent of the owner and occupier of such land or ground in which such drain or sewer shall be made. 162. The board may open the ground and change the level or Board may alter otherwise amend or enlarge any sewer lying under any public or private street within the city of Melbourne and the suburbs thereof for better communicating with the main sewers or drains already made or to be made in pursuance of this Part of this Act. Provided always that no person shall by means of any such alteration amendment or enlargement be deprived of the use and enjoyment of any private sewer or drain which he shall be entitled to use, but the board shall at its own costs and charges so construct and alter any such private drain or sewer as to render the same as effectual for the purposes for which it was intended as any such drain or sewer may Penalty on board be at the time of such alteration; and in case the board refuse or neglect so to construct and alter any such private drain or sewer the use of which may be affected by the acts of the said board for the space of twenty-eight days next after notice in writing served upon it, it shall forfeit and pay to the party aggrieved any sum not exceeding forty shillings for every day during which such refusal or neglect so continues; and such sum may be recovered in a summary way before justices. for neglect herein. Sewers to be Works in progress to be fenced. Ib. s. 63. 163. The board shall cause the sewers which shall be from time to time vested in it to be constructed covered and kept so as not to be a nuisance or injurious to health and to be properly cleared cleansed and emptied; and for the purpose of clearing cleansing and emptying the same may construct and place either above or under ground such reservoirs sluices engines and other works as may be necessary, and may cause all or any of such sewers to communicate with and be emptied into such places as may be fit or may cause the sewage and refuse therefrom to be collected for sale or for any purpose whatever, but so as not to create a nuisance. 164. When any ground or any of the soils pitchings or pavements of any public or private street is at any time opened or broken up by the board or any other person, proper and sufficient fences and protection for the same shall immediately thereupon be made set up and continued by the board or by such other person to the satisfaction in the case of such other person of the city surveyor for the time being and at all times during the progress of digging any trenches or excavations and making altering enlarging and repairing any drains and sewers and of filling in such trenches or excavations or otherwise carrying on and finishing the works hereby authorised to be done in any street within the said city and the suburbs thereof, every such street shall be kept and continued by the board or such other person as free from all obstructions and annoyances of every kind and for as short a time as practicable. No. 289. seven days. 165. When and as often as any pavement or footway is taken 29 VICTORIA, up or removed by the board or by any person for the purpose of making altering or repairing any drains or sewers or any cross drain Pavements to be from any premises to communicate with any main sewer or drain replaced within to be made altered or enlarged by or vested or to become vested in the board in or under any public or private street, no part of any such pavement or footway respectively shall remain taken up or removed longer than a period of seven clear days exclusive of Sundays. 166. The board shall at all times maintain and keep in good Repair of sewers. order and repair all drains and sewers made altered or enlarged by the board or now or hereafter vested in the same. sewers to be 167. No person without notice as hereinafter mentioned may Notice of private make or branch any private sewer or drain into any sewer or drain given to board. made or enlarged by or now or hereafter vested in the board or into any drain or sewer communicating therewith; and in default of such notice the board may cut off stop up or prevent the communication of such private sewer or drain with the sewers or drains so made or enlarged by the board or any sewer communicating therewith; and may recover the costs and charges occasioned thereby and also the rates for the same from the time when such private sewer or drain shall have been made from the person so offending. sewers. 168. All such private sewers or drains as shall be permitted to Cleansing private be branched into any of the sewers or drains vested in the board or hereby authorised to be made and enlarged by it by virtue of this Part of this Act shall from time to time be repaired and cleansed under the inspection and direction of some officer of the board at the costs and charges of the occupiers of the premises to which the said private sewers or drains shall respectively belong. to main sewer. 169. Where any person desires to have a drain to the said main Opening sewers sewers or any sewer communicating therewith laid into his premises, if he give to the board six days' previous notice in writing of his intention so to do and if he obtain the consent of the owners of the premises through which the drain shall be conveyed, he may (at his own expense but subject to the provisions hereinbefore contained) open the ground between the main sewer or the sewer communicating therewith and his premises, and may lay any drain made of cast iron brick stone or some other material approved by the board and in such manner and form and with such grates and of such workmanship as may be approved of by the board from such premises to communicate with the said main sewer, and shall pay to the board. the rates fixed for the same. 170. In case of default of payment of any such rate the board Recovery of may cause the drain belonging to the person making such default rates. and communicating with the main sewer to be separated from the said main sewer or sewers communicating therewith so as to prevent any communication therewith; and the rate due and in arrear from such person to the board may be recovered by the board by distress and sale of the goods and chattels of the persons liable to pay the same in the same manner as rents reserved on common demises may by law be recovered. 29 VICTORIA, No. 289. Nuisances re of drain. 171. If the soil filth or cesspools attached or belonging to or arising from any tenement within the said city or suburbs be upon the complaint of any inhabitant thereof deemed a nuisance by the moved by drains. board, the board may cause a drain or sewer to be laid down from any such tenement or the premises adjoining to or near the same to convey such soil or filth to one of the main sewers or drains of the Recovery of cost said board, and may recover in a summary manner before justices the cost and charges and expenses of laying down such drain or drains from the owner or occupier of such tenement respectively, such costs and charges not exceeding the sum of five pounds in respect of any tenement which shall be under the yearly value of fifteen pounds and not exceeding the sum of ten pounds in respect of any tenement which shall be above the yearly value of fifteen pounds. Provided that every occupier shall be entitled to deduct against or to be repaid by his landlord the whole of such costs and recover such cost charges as aforesaid as shall be recovered from such occupier, unless he be liable to pay the same under or by virtue of his lease or agreement with his landlord. Occupier (if no agreement to the contrary) may from his landlord. Notice of build 172. Fourteen days at the least before beginning to dig or lay ing or rebuilding. out the foundation of or for any new house or to rebuild any house within the limits of the said city or the suburbs thereof, the person intending so to build or rebuild shall give to some officer duly authorised by the board in that behalf written notice thereof together with the level or intended levels of the cellar or lowest floor and the situation and construction of the privies and cesspools to be built constructed or used in connection with such house; and it shall not be lawful to begin to build or rebuild any such house or to build or construct any such privy or cesspool until the particulars so required to be stated have been approved by such officer, and he is hereby required to signify his approbation or disapprobation of the same within the space of fourteen days after receiving such notice without fee; and in default of such notice, or if any such house privy or cesspool be built rebuilt or constructed as aforesaid without such approval, the board may if it think fit cause such house privy or cesspool to be altered or otherwise dealt with as the case may require; and the expenses incurred in so doing shall be repaid by the offender and be recoverable from him in a summary manner before justices. Warrant to view unwholesome premises. Inspection of communicating drains. 173. When it is made to appear to the satisfaction of any justice that there is reasonable ground for believing that any house or part thereof or the premises occupied therewith within the limits of the city of Melbourne is in a filthy or unwholesome condition, such justice may grant a warrant under his hand authorising any officer of the board inspector of slaughterhouses or inspector of nuisances or inspector of police with such assistance as may be necessary and accompanied by two duly qualified medical practitioners to enter in the daytime into such house or premises and to view the same and the state and condition thereof. 174. Any engineer surveyor or other person acting under the authority of the board may at all seasonable times in the daytime upon giving twenty-four hours' previous notice of his intention enter into any house building or other premises having a drain or sewer |