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11 & 12 Vict. c. clxiii.

SS. 72, 99.

Penalty on persons making or altering drains, &c. contrary to

the order of the commis.

sioners.

Commis.

sioners may require

owners of houses to provide privies and

ashpits for the same.

72. And be it enacted, that in case any sewer, drain, privy, or cesspool, or other work, shall, on inspection, be found not to have been made according to the directions and regulations of the commissioners, or contrary to the provisions of this Act, or in case any person, without the consent of the commissioners, shall construct, rebuild, clear out, unstop, or in anywise alter any sewer, drain, privy, cesspool, or other work which may have been ordered by them not to be made, or to be demolished, stopped up, or amended, every person offending shall forfeit and pay any sum not exceeding the sum of ten pounds; and in case the person so making any sewer, drain, privy, cesspool, or other work, contrary to the directions and regulations of the commissioners, or, without such consent as aforesaid, constructing, re-building, clearing out, unstopping, or altering, any sewer, drain, privy, cesspool, or other work which may have been ordered to be demolished, stopped up, or amended, shall not, within seven days after notice in writing by the commissioners cause such sewer, drain, privy, cesspool, or other work to be altered in conformity with the directions of the commissioners, or, as the case may be, to be demolished, stopped up, or amended, then and in every such case the commissioners may cause the same to be done, and the costs and charges thereof shall be paid by the person who shall have so made such sewer, drain, privy, cesspool, or other work contrary to the directions of the commissioners, or shall without such consent have constructed, re-built, cleared out, or unstopped, or altered any sewer, drain, privy, cesspool, or other work which they may have ordered to be demolished, stopped up, or amended.

Note.--See the corresponding section of the Act of 1855, viz. sect. 83, ante, p. 339, and also sect. 41 of the Public Health (London) Act, 1891, ante, p. 404.

99. And be it enacted, that it shall be lawful for the commissioners to require the owner of any house to which no sufficient privy or ashpit is attached to provide such proper privy to the same, in such situation, not disturbing any building already erected, and with such proper door and covering to such privy, and also such fit and sufficient ashpit, and in such situation, not disturbing any building already erected, as the commissiopers shall consider requisite for the use of the inmates

SS. 100-102.

and occupiers thereof; provided that a privy and ashpit, 11 & 12 Vict. or two or more privies and ashpits, may, with the c. clxiii. approbation of the commissioners, be used in common by the inmates and occupiers of two or more such houses.

Note. The term 'ashpit' includes a dustbin, see sect. 28 of the City of London Sewers Act, 1851, post, p. 436. See also with regard to this and the following sections, the Public Health (London) Act, 1891, ante, p. 399 et seq.

without a

privy and ashpit being provided.

100. And be it enacted, that no house shall here- No houses after be built without there being constructed, to the to be built satisfaction of the commissioners, either in such house or in a yard attached to such house, a privy, with proper doors and coverings to the same, and also an ashpit, together (if required by the commissioners) with a proper funnel or flue or other means of carrying off upwards any offensive stench from such privy or ashpit.

Note. See the note to the preceding section.

closets to be provided in manufac

tories.

101. And be it enacted, that it shall be lawful for the Watercommissioners, if they shall think fit so to do, by notice in writing to the owner or occupier of any house or building in which persons of both sexes above twenty in number are employed or intended to be employed at one time in any manufacture, trade, or business, to require such owner or occupier to provide, within a time to be limited in such notice, a sufficient number of waterclosets or privies for the separate use of each sex; and

if any such owner or occupier shall neglect or refuse to Penalty for comply with such notice he shall forfeit a sum not neglect. exceeding twenty pounds and a further sum of forty shillings for every day during which such neglect or refusal shall continue.

Note. See the corresponding provisions in sect. 38 of the Public Health (London) Act, 1891, ante, p. 401.

102. And be it enacted, that the owner of every house now built or hereafter to be built shall keep the privy and ashpit belonging to such house, or used by the inmates or occupiers thereof, in good repair, to the satisfaction of the commissioners; and if the owner of any house shall not provide the same with a privy, with such door and covering to the same, and with such ashpit as aforesaid, or shall not repair the said privy and ashpit, to the satisfaction of the commissioners, within

Owners of houses to keep privies and ashpits

in repair.

11 & 12 Vict. c. clxiii.

SS. 105, 106.

Commis

sioners may require owners of houses to provide cistern.

No house to be built without a cistern being provided for

the same.

one month next after notice in writing for that purpose from the clerk or surveyor to the commmissioners shall have been given to such owner, or left for him at his usual or last known place of abode, or upon or affixed to the premises in respect of which the same shall be given, every owner so making default shall for every such default forfeit any sum not exceeding five pounds, and any further sum not exceeding ten shillings for every week during which such default shall in anywise continue unamended.

Note. The term 'ashpit' includes a dustbin by virtue of sect. 28 of the Act of 1851, post, p. 436. See also sects. 37 and 39 of the Public Health (London) Act, 1891, ante, pp. 399 and 402.

105. And be it enacted, that it shall be lawful for the commissioners to require the owner of any house in or to which there shall not be or be attached a sufficient cistern for water to provide such fit and capacious cisterns, of such materials and in such situations, and with such proper coverings and cocks and other neces sary apparatus, as the commissioners shall consider necessary, for the use of the occupiers thereof, and to require such owner, and also the owner of every house in or to which there shall be or be attached a sufficient cistern, to compound or agree with some water company for a sufficient supply at all times of good and wholesome water, and to keep such cisterns well and sufficiently cleansed, and the same, and everything relating thereto, in good order and repair, so that the occupiers of such house may at all times be enabled conveniently to supply themselves with a sufficient quantity of water; provided that in cases of houses in courts one cistern, if of a sufficient size, may, with the consent of the commissioners, be provided for the inmates or occupiers of two or more such houses.

106. And be it enacted, that no house shall hereafter be built without there being erected, to the satisfaction of the commissioners, either in such house or in a yard. attached thereto, a fit and capacious cistern, with a proper covering and cock and other necessary apparatus attached thereto; and it shall be lawful for the commissioners to require the owner of such house to compound with some water company for a due and sufficient supply of wholesome water.

c. clxiii.

Note. The requirements of this section will cease to be 11 & 12 Vict. obligatory where in the opinion of the Commissioners it ceases to be necessary, owing to a continuous supply of water having ss. 120, 125. been provided in the city, that every house should be provided with a cistern: see sect. 31 of the City of London Sewers Act, 1851, post, p. 437.

streets.

120. And be it enacted that it shall be lawful for the Regulations commissioners from time to time to cause all or any of the for paving streets within the city, 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 the commissioners shall 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 shall think proper, and all such mains and pipes as now lie or hereafter shall be laid underground to be taken up, and new laid in such places, manner, and form as they shall judge best.

Note. As sect. 68 of the Lands Clauses Consolidation Act, which relates to the taking and purchase of lands otherwise than by agreement, is not incorporated in this Act, a person whose land is injuriously affected by work done under this section is not entitled to compensation. See Ferrar v. the Commissioners of Sewers for the City of London, 38 L. J. Ex. 102.

any

125. And be it enacted, that no vault, arch, or cellar shall be made under any street within the city without the consent of the commissioners first obtained; and that all such vaults, arches, and cellars hereafter to be made within the city shall be substantially made, and so as not to interfere or communicate with drains or sewers under the control of the commissioners, without their consent first obtained; and if any vault, arch, or cellar shall be made contrary to the provisions of this Act it shall be lawful for the commissioners to fill up the same, and the expenses incurred thereby shall be paid by the person making such vault, arch, or cellar.

Note. This section corresponds to sect. 101 of the Metropolis Management Act, 1855, ante, p. 343. A penalty is imposed by sect. 256, fost, p. 433, for obstructing any person in the execution of the Act. As to the mode in which vaults are to be constructed, see the Standing Order A. of the Commissioners of Sewers in Appendix III., Pt. II., post.

Vaults and cellars under streets not without the consent of

to be made

the commissioners.

11 & 12 Vict. c. clxiii.

SS. 128, 145, 146, 153. Persons liable to pave footways to complete the same with curbstones.

Power to commissioners to

of streets,

&c. to be painted, &c.

128. And be it enacted, that any person who shall be required by the commissioners, under the provisions of this Act, to pave the footway of any present or future street within the city, shall not be considered to have well and sufficiently paved the same unless he shall have completed the same with curbstones and gutters to the satisfaction of the commissioners.

145. And be it enacted, that it shall be lawful for the commissioners from time to time to cause to be painted or affixed on a conspicuous part of some house or building at or near each end, corner, or entrance of cause names every street, the name by which such street is to be known, and from time to time to alter the name of any street, with consent of the major part of the owners of the houses or buildings therein, and to call it by any other name which they the commissioners may see fit, and also to cause every house or building in each of the streets to be marked or numbered, in such manner as they shall judge most proper for distinguishing the same, which mark or number shall alone be allowed to be affixed to such house or building, and if any person shall wilfully or maliciously destroy, pull down, obliterate, or deface any such name or number, or any part thereof, or shall affix or paint or set up any name or nuniber different from the name or number directed by the commissioners, he shall for every such offence forfeit and pay a sum not exceeding forty shillings; and it shall be lawful for the commissioners to obliterate and destroy such name or number so painted or affixed contrary to their order.

Numbers of

houses to be renewed by

occupiers.

Houses projecting be

yond line of

Note. The provisions of the Act of 1894 with regard to the naming and numbering of streets are contained in Part IV. of that Act, ante, pp. 89 to 94.

146. And be it enacted, that the occupiers of houses or buildings shall be bound to renew the numbers of their houses or buildings as often as they shall be obliterated

or defaced.

Note. See the note to the preceding section.

153. And be it enacted, that if any building which shall in any part thereof project beyond the regular line of the street in which the same may be situate, or beyond

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