house or building in compliance with this Act, and as the 18 & 19 Vict. vestry or board shall order, and every such drain shall c. 120. be made in such direction, manner, and form, and of s. 76. such materials 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 board 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 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 contrary 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 re-made, 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. Note.-Under sect. 145 of the London Building Act, 1894, ante, p. 230, notices are required to be given before the commencement of any building, structure, or work. The notice required to be given by the present section will be necessary even where a building is proposed to be erected upon foundations placed upon the surface without any digging out, see The Poplar District Board of Works v. Knight, 28 L. J. M. C. 37. But see sect. 145 of the Act of 1894, which empowers the Council to make byelaws as to the foundations of buildings, and the byelaws in Appendix III., Part II., post. A penalty is imposed by sect. 88 of 25 & 26 Vict. c. 102, post, upon any person omitting to give a notice required by sect. 76 of the present Act. The vestry or district board has a discretion under this section as to the kind of pipes it may require to be used in the construction of drains, see Austin v. the Vestry of St. Mary, Lambeth, 27 L. J. Ch. 677 The period of seven days limited by this section is extended to fifteen days by 25 & 26 Vict. c. 102, sect. 63, post. With regard to the exercise by a local authority of statutory powers enabling it to demolish a building, see the cases in the note under the heading 'Non-compliance with notice' to sect. 83, ante, p. 159. Ꮓ 18 & 19 Vict. C. 120. ss. 78-80. Power to Board or private 78. Whenever it is necessary to open any part of the pavement or any street or public place, for the purpose of making or branching any private drain into any of the sewers or drains vested in the Metropolitan Board of Works, or any vestry or district board under district board this Act, or authorised to be made by them under this to branch 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 of such private drain, and also to construct so much and 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. drains into sewers, at the expense of the party to whom they belong. Note. The recovery of expenses incurred in carrying out this section is provided for by sects. 225 and 226 of this Act. Vestry or 79. It shall be lawful for any such vestry or district board board to contract and agree with the owners or occumay agree to piers of any houses, buildings, or ground that any drains at the drains required to be made, altered, or enlarged by make house expense of owners or occupiers. Vestry or district board may order a contribution sewers in certain cases. such owners shall be constructed, made, altered, and enlarged by the vestry or board; and the cost price of making, 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. 80. Where any sewer in any of the parishes mentioned in either of the Schedules (A.) and (B.) to this Act, into which any drain shall be made or branched, towards conhas been built since the third day of September one struction of thousand eight hundred and thirteen, and before the commencement of this Act, at the expense of any person or body other than any commissioners of 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 five pounds for the hundred by the year, by instalments within any period not exceeding twenty years. Note. With regard to the parishes referred to in this section, see the note to sect. 4, ante, p. 4. The provisions of this section are extended by sect. 59 of 25 & 26 Vict. c. 102, post, to main sewers and to sewers constructed since January 1, 1856. 18 & 19 Vict. C. 120. ss. 82, 83. district 82. It shall be lawful for any such vestry or Power for board, or for their surveyor or inspector, or such other vestries and person as they appoint, to inspect any drain, water- boards to closet, privy, cesspool, or water supply apparatus, or authorise sinks, traps, syphons, pipes, or other works or appa- inspection ratus connected therewith, within the parish or district of drains, of such vestry or board, and for that purpose, at all privies, and reasonable times in the daytime, after twenty-four cesspools. hours' notice in writing has been given to the occupier of the premises to which such drain, watercloset, privy, cesspool, or water supply apparatus, or other connected works or apparatus as aforesaid, is attached, or left upon the premises, or in case of emergency without notice, to enter, by themselves or their surveyor or inspector and workmen, upon any premises, and cause the ground to be opened in any place they think fit, doing as little damage as may be. Note.-This section is repealed, except so far as it relates to a drain, sewer, way, work, or apparatus connected therewith, by 54 & 55 Vict. c. 76, sect. 142. With regard to the other matters provided for by sect. 82, see sects. 2, 10, and 40 of the Act of 1891. 83. In case any drain, watercloset, privy, cess- Penalty pool, or water supply, or water supply apparatus, on persons or other connected works or apparatus, herein before improperly mentioned, be found, on inspection, not to have been making or altering made or provided according to the directions or regu- drains. lations of the vestry or district board, or contrary to the provisions of this Act, or in case any person, without the consent of the vestry or district board, construct, rebuild, or unstop any sewer, drain, watercloset, privy, or cesspool which may have been ordered by them not to be made, or to be demolished or stopped up, or in case any person discontinue any water supply, or destroy any connected works or apparatus as aforesaid, or in case any person, without the consent of the vestry or district board, break into any sewer vested in such vestry or board, every person so offending shall forfeit and pay any C. 120. s. 84 18 & 19 Vict. sum not exceeding ten pounds; and in case the person so making any sewer, drain, watercloset, privy, cesspool, or other works or apparatns as aforesaid, contrary to the directions or regulations of the vestry or board, or contrary to the provisions of this Act, or, without such consent as aforesaid, constructing, rebuilding, or unstopping any sewer, drain, watercloset, privy, or cesspool which may have been ordered to be demolished or stopped up, or discontinuing any water supply or destroying any connected works or apparatus as aforesaid, or breaking into any such sewer as aforesaid, do not, within fourteen days after notice in writing by the vestry or board, cause such sewer, drain, watercloset, privy, or cesspool to be altered or reinstated in conformity with the directions of the vestry or board, or, as the case may be, to be demolished or stopped up, or such water supply to be renewed, or such connected works or apparatus to be restored, then and in every such case the vestry or board may cause the work to be done, and the expenses thereof shall be paid by the person who has so offended. Where no default found expenses to be paid by vestry or board. Note. This section, except so far as it relates to a drain, sewer, or any work or apparatus connected therewith, is repealed by 54 & 55 Vict. c. 76, sect. 142. For the substituted provisions see sects. 41 and 42 of that Act. Penalties are imposed for encroaching upon or wrongfully interfering with sewers by sects. 68 and 69 of 25 & 26 Vict. c. 102, post. By sect. 65 of the latter Act, post, the penalties imposed by this section are extended to persons causing the commission of the offence. 84. If such drain, watercloset, privy, cesspool, or water supply, or water supply apparatus, or other connected works and apparatus, be found on inspection as aforesaid to be made to the satisfaction of the vestry or board, and in proper order and condition, they shall cause the same to be reinstated and made good as soon as may be, and the expenses of examination, reinstating, and making good such drain, watercloset, privy, cesspool, or other works or apparatus as aforesaid, shall be defrayed by the vestry or board, and full compensation shall be made by them for all damages or injuries done or occasioned by the examination of any such drain, watercloset, privy, cesspool, or other works or apparatus as aforesaid. Note.-Except so far as this section relates to a drain, sewer, or any work or apparatus connected therewith, it has been repealed by 54 & 55 Vict. c. 76, sect. 142. See now sect. 40 of that Act. Note. The recovery of compensation under this section is provided for by 25 & 26 Vict. c. 102, sects. 225 and 226. board to cause drains, 85. If, upon such inspection as aforesaid, any drain, 18 & 19 Vict. watercloset, privy, or cesspool appear to be in bad c. 120. ss. 85, 98 order and condition, or to require cleansing, alteration, or amendment, or to be filled up, the vestry or board Vestry or shall cause notice in writing to be given to the owner or district occupier of the premises upon or in respect of which the inspection was made, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works; and if such notice be not complied with by the person to whom it is given the &c. where vestry and board may, if they think fit, execute such works, and the expenses incurred by them in so doing shall be paid to them by the owner or occupier of the premises. Note.-Except so far as this section relates to a drain or sewer or any work or apparatus connected therewith, it is repealed by 54 & 55 Vict. c. 76, sect. 142. The provisions which now govern the matters to which the repealed portions of the section related are contained in sects. 40 and 41 of that Act. Under sect. 64 of 25 & 26 Vict. c. 102, the vestry or district board is empowered to recover penalties for failure to execute works required by it under this section, in lieu of executing the works itself and recovering the expenses. The recovery of expenses incurred under the present section is provided for by 25 & 26 Vict. c. 102, sects. 225 and 226; see The Vestry of St. Leonard's, Shoreditch, v. Holmes in the note to sect. 73, ante, p. 335. 98. It shall be lawful for every vestry and district board from time to time to cause all or any of the streets within their parish or district, or any part thereof respectively, to be paved or repaired when and as often and in such form and manner and with such materials as such vestry or board think fit, and to cause the ground or soil thereof to be raised or lowered, and the course of the channels running in, into, or through the same to be turned or altered in such manner as they think proper, and to alter the position of any mains or pipes in or under such street, such alteration to be made subject to the approval of the engineer of the company to which such mains or pipes belong. Note.-The term 'streets' in this Act is defined by sect. 250, post. By sect. 112 of 25 & 26 Vict. c. 102, post, the term 'pave included the formation of the roadway or footway of a street. It is doubtful whether sect. 68 of the Lands Clauses Act, by which compensation is given for lands 'injuriously affected,' is incorporated in this Act. Consequently it is doubtful whether a vestry or district board which lowers or raises a street under &c. to be put into proper condition, necessary. Vestry or district board streets to be paved. to cause |