s. 6. part formed or laid out, or upon which it is intended to 53 & 54 Vict. form or lay out any street, road, passage, or way, except upon such conditions as to the levelling and making a proper foundation for the same as the vestry of the parish or district board of the district may in writing impose. Provided that this section shall not apply where no more sand, gravel, or subsoil has been or is intended to be excavated, removed, or taken away than is necessary to level or form a foundation for the paving, metalling, or flagging of any street, passage, or way. If the vestry or district board shall refuse their approval in writing, or shall impose conditions, any company or person dissatisfied with such refusal or with such conditions may, within seven days from the date of receiving notice of such refusal or of such conditions, appeal to the Council, and such appeal shall stand referred to such committee of the Council as the Council may appoint, and such committee shall have power to confirm or reverse such refusal, or to vary the conditions imposed or impose such conditions as they may think fit, and their determination shall be final, and such committee may order any costs of such appeal to be paid to or by the vestry or district board or person appealing. Any company or person forming or laying out, or commencing to form or lay out, any street, road, passage, or way, or excavating, removing, or taking away any sand, gravel, or subsoil contrary to the provisions of this Act, or to the conditions imposed by the vestry or district board, or on appeal by the Council, shall, for every such offence, be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding twenty shillings for every day after the first during which the offence is continued, or during which such excavation shall be permitted to remain without the consent in writing of the vestry or district board or on appeal of the council. Provided always that nothing in this section contained shall apply to any road, passage, or way formed or laid out, or to be formed or laid out, and intended to be maintained as a road, passage, or way not open to public use. Provided also that nothing in this section contained shall prejudice or affect any existing right of the owners of property fronting or abutting on any street, road, passage, or way, to excavate subsoil for the purpose of forming or constructing cellars, vaults, subways, or 53 & 54 Vict. basements in connection with buildings erected on such c. 66. SS. 7-10. Surveyor or other officer to see that conditions property. Note. The provisions of this section do not apply in the City of London, see sect. 8, infra. 7. The surveyor of the vestry or district board, or other officer of the vestry or district board, or any officer appointed for that purpose by the council, shall are observed. take care that the provisions of the preceding section are complied with, and that any conditions imposed by the vestry or district board or the council in giving their consent in writing thereunder are observed. Limited application 8. Except so far as relates to any sewers vested in the council, none of the provisions contained in this of Act to city Act shall have any force or effect within the city of of London. Penalties and ex-¡ penses. Expenses of London. 9. Penalties and expenses under this Act may be sued for and recovered either by the council or by the vestry or district board concerned in the same manner as penalties under the Metropolis Management Act, 1855, and the Acts amending the same. 10. Any costs, charges, and expenses incurred by the council of and incidental to the preparing, applying for, and passing of this Act shall be paid by the Council. THE PUBLIC HEALTH (LONDON) ACT, 1891. 54 & 55 VICT. c. 76. An Act to consolidate and amend the laws relating to Public Health in London. [5th August, 1891.] BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: trict for 1. It shall be the duty of every sanitary authority to Sanitary cause to be made from time to time inspection of their authority to district, with a view to ascertain what nuisances exist inspect discalling for abatement under the powers of this Act, and detection of to enforce the provisions of this Act for the purpose of nuisances. abating the same, and otherwise to put in force the powers vested in them relating to public health and local government, so as to secure the proper sanitary condition of all premises within their district. Note. This Act extends, unless it is otherwise expressly provided, to London only, provided that so far as it is necessary for giving effect to its provisions in their application to London it extends to places elsewhere. See sect. 132 of the Act. The expression London' means by virtue of sect. 141, post, p. 408, the administrative County of London, with regard to which latter expression see the note to sect. 4 of the Act of 1894, ante, P. 4. Regulations as to Waterclosets, &c. &c. 37. (1) It shall not be lawful newly to erect any Obligation house or to rebuild any house pulled down to or below to provide the ground floor without a sufficient ashpit furnished waterclosets, with proper doors and coverings, and one or more proper and sufficient waterclosets according as circumstances may require, furnished with suitable water supply and water supply apparatus, and with suitable c. 76. 54 & 55 Vict. trapped soilpan and other suitable works and arrangements, so far as may be necessary to ensure the efficient operation thereof. s. 37. (2) If any person offends against the foregoing enactment of this section, he shall be liable to a fine not exceeding twenty pounds. (3) If at any time it appears to the sanitary authority that any house, whether built before or after the commencement of this Act, is without such ashpit or waterclosets as aforesaid, the sanitary authority shall cause notice to be served on the owner or occupier of the house, requiring him forthwith, or within such reasonable time as is specified in the notice, to provide the same in accordance with the directions in the notice; and, if the notice is not complied with, the said owner or occupier shall be liable to a fine not exceeding five pounds, and a further fine not exceeding forty shillings for each day during which the offence continues; or the sanitary authority, if they think fit, in lieu of proceeding for a fine, may enter on the premises and execute such works as the case may require, and may recover the expenses incurred by them in so doing from the owner of the house. (4) Provided that (a) where sewerage or water supply sufficient for a watercloset is not reasonably available, this section shall be complied with by the provision of a privy or earth-closet; and (b) where a watercloset has before the commencement of this Act been and is used in common by the inmates of two or more houses, and in the opinion of the sanitary authority may continue to be properly so used, they need not require a watercloset to be provided for each house. (5) Any person who thinks himself aggrieved by any notice or act of a sanitary authority under this section may appeal to the County Council, whose decision shall be final. Note. The terms 'house,' 'ashpit,' and 'owner' are defined by sect. 141, post, p. 409. For the authorities referred to by the expression 'sanitary authority,' see sect. 99 of the Act in the note to sect. 70 of the Act of 1894, ante, p. 138. The authentication and service of notices under the present Act are provided for by sects. 127 and 128 of this Act. By sect. 40, post, p. 403, power is conferred upon the sanitary authority to examine premises in order to ascertain if the works prescribed by this section have been provided, and are in proper order and condition; see also the note to that section. Under sect. 42, post, a fine not exceeding 20%. may be imposed in certain cases upon the person who undertook or executed the construction or repair of a water-closet or drain, which is found to have been so constructed or repaired as to be a nuisance or dangerous to health, or upon the agent, servant, or workman of such person. Penalties, fines, and expenses, under the Act are recoverable summarily, see sect. 117, and as to summary proceedings see the note to sect. 166 of the Act of 1894, ante, p. 254. Under sect. 118 of the present Act, any person charged with an offence under the Act, and the wife or husband of such person, may, if such person think fit, be called, sworn, and examined and cross-examined as an ordinary witness in the case. Fines recovered under the Act from persons other than the sanitary authority are to be paid to the sanitary authority, to be applied by it in aid of its expenses in the execution of the Act; see sect. 119 of the Act. As to the liability of the occupier for the time being of premises to defray in the first instance expenses recoverable under the Act from the owner of such premises, see sect. 121 of the Act. By sect. 126 of the Act, appeals to the County Council against a notice or act of the sanitary authority under the Act are to be conducted in accordance with sects. 211 and 212 of the Metropolitan Management Act, 1855. No appeal lies, however, from the Commissioners of Sewers to the Council. See sect. 133 (a) of the Act. Section 211 of the Act of 1855 is set out ante, p. 353. It will be for the sanitary authority to decide, subject to the appeal given by the section to the County Council, as to the sufficiency or insufficiency of the existing works, and as to the nature of the works to be executed where the existing works are in its opinion insufficient; and such decision cannot be questioned in any proceedings to enforce a penalty under the section or to recover expenses incurred by the authority in executing works required by it to be executed. See The Vestry of Clerkenwell v. Fleary (1890), 24 Q. B. D. 703. 54 & 55 Vict. c. 76. s. 38. for manufac tories, &c. 38. (1) Every factory, workshop, and workplace, Sanitary whether erected before or after the passing of this Act, conveniences shall be provided with sufficient and suitable accommodation in the way of sanitary conveniences, regard being had to the number of persons employed in or in attendance at such building, and also where persons of both sexes are, or are intended to be, employed, or in attendance, with proper separate accommodation for persons of each sex. (2) Where it appears to a sanitary authority that this section is not complied with in the case of any factory, workshop, or workplace, the sanitary authority D D |