flag, or channel the same within a time to be cified in such notice; And if such notice be not complied with, may execute the works, them with said local board may, if they shall think fit, execute and charge the works mentioned or referred to therein; and the the expense. expenses incurred by them in so doing shall be paid by the owners in default, according to the frontage of their respective premises, and in such proportion as shall be settled by the surveyor, or in case of dispute as shall be settled by arbitration (having regard to all the circumstances of the case) in the manner provided by this Act (p); and such expenses be recovered from the last-mentioned owners in a summary manner, or the same may be declared by order of the said local board to be private improvement expenses, and be recoverable as such in the manner hereinafter provided (q). may whatever, if order, may under the LXX. And be it enacted, that if any present or Any street future street, not being a highway at the time when in proper this Act is applied to the district in which it is situ- be taken ate, be sewered, levelled, paved, flagged, and chan- management nelled to the satisfaction of the local board of health, board, the said local board may, if they shall think fit, by notice in writing put up in any part of the street (r), (p) See post, ss. 123-128, pp. 175–179. (q) See ante, pp. 82,83, note (f). This section is framed upon ss. 106, 108, 109 of the Manchester Improvement Act, 1844. (r) This provision will dispense with the difficulties which arise under the ordinary provisions of local Acts as to whether notice has been properly given. of the local PUBLIC HEALTH ACT 1848. unless proprietors, within a ject thereto. declare the same to be a highway, and thereupon the same shall become a highway, and be from time to time repaired by them out of the rates levied in that behalf under the authority of this Act; and every such notice shall be entered amongst the proceedings of the said local board: Provided always, that no street shall become a month, ob- highway as last aforesaid if within one month after notice in writing shall have been put up as last aforesaid the proprietor of such street, or the person representing or entitled to represent such proprietor, shall by notice in writing to the said local board object thereto (s). Power to require gas and water pipes to be moved. the purposes LXXI. And be it enacted, That if and when for of this Act the local board of health deem it necessary to raise, sink, or otherwise alter the situation of any water or gas pipes, mains, plugs, or other waterworks or gasworks laid in or under any street, they may by notice in writing require the person to whom the pipes, mains, plugs, or works belong to raise, sink, or otherwise alter the situation of the same in such manner and within such reasonable time as shall be specified in such notice, and the expenses attendant upon or connected with any such alteration shall be paid by the said local board out of (8) This proviso was introduced by the committee of the House of Commons. See a clause for a similar purpose in the City of London Sewers Act, 1848, s. 126. c. 63. the general district rates levied under this Act (t); 11 & 12 VICT. And if such notice be not complied with the said local board may make the alteration required: Provided always, that no such alteration shall be Alteration required or made which will permanently injure casion perany such pipes, mains, plugs, or works, or pre- injury. vent the water or gas from flowing as freely and conveniently as usual (u); must not oc manent upon or con of the pipes to be chargeable with Provided also, that where under any local Act of Proprietors altering the situation of any water or gas pipes, certain cases. LXXII. And be it enacted, that one month at Notice, showing in width and the least before any street is newly laid out as afore- tended said written notice shall be given to the local board level, to be of health, showing the intended level and width board before (t) See post, s. 87, p. 136. (u) This section, with the exception of the last proviso, is framed upon ss. 61, 62 of the Towns Improvement Clauses Act, 1847. (v) It appears that by some local Acts gas companies are not only bound to move their mains, &c., when required by the authorities having the charge of the roads, but also to do the necessary works at their own expense. given to local PUBLIC thereof; and the level and width of every such street HEALTH ACT 1848. laying out new streets, and they shall fix the level and width. subject to appeal to general board. Pecuniary penalties for laying out street con and width fixed; shall be fixed by the said local board (~); and it shall not be lawful to lay out, make, or build upon any such street otherwise than in accordance with the level and width so fixed, any Unless, upon disapproval by the said local board of the level or width specified in such notice, the general board of health shall otherwise direct: And whosoever shall lay out, make, or build upon such street otherwise than in accordance with the trary to level level and width fixed by the said local board, or approved by the said general board, shall be liable for every such offence to a penalty not exceeding twenty pounds for every day during which he shall permit or suffer such street to continue to be so improperly laid out, made, or built upon (x); and the said local board may, if they shall think fit, cause any such street laid out or made at a level or width otherwise than in accordance with the level and width so fixed or approved as aforesaid, or any building built in any such street otherwise than in accordance with such level and width, to be altered in such manner as the case may require, and the expenses incurred by them in so doing shall be repaid to them by the offender, and and streets may be al tered, &c. at offender's expense. (w) In all local Acts some absolute width of street is fixed by the legislature; but the present Act will allow the local board to exercise a discretion in each case subject to the revision of the general board of health. See ss. 57-60 of the Towns Improvement Clauses Act, 1847. (x) As to the recovery and application of penalties, see post, ss. 129, 133; pp. 181, 185. c. 63. may be no disap proval, &c. be recoverable from him in a summary manner (y): 11 & 12 VICT. Provided always, that if no such level or width Intended be fixed, and no approval or disapproval of the level, &c. level or width proposed be signified by the said adopted, if local board within one month from the last- within' a mentioned notice, the intended street may be laid out and made upon the level and of the width specified in such notice, if the same be otherwise in accordance with the other provisions of this Act. month. may purchase pre prove streets. LXXIII. And be it enacted (z), that the said Local board local board may, by agreement, purchase any pre-mises in mises for the purpose of widening, opening, enlarg- order to iming, or otherwise improving any street; and any part of the premises so purchased which shall not be wanted for that purpose shall be resold at the best price that can be gotten for the same, and the proceeds of such resale shall be carried to the district fund account hereinafter mentioned (a). Walks. Local board LXXIV. And be it enacted, that the local board Public of health, with the approval of the said general board, may provide, maintain, lay out, plant, improve premises for the purpose of being as public walks or pleasure grounds, and support (y) See post, ss. 129, 133; pp. 180, 185. and may provide, used towards, or contribute places of public recre or ation, &c. (z) Founded upon the 22nd recommendation of the commissioners for inquiring into the state of large towns (2nd Report, p. 59). The section is framed upon s. 67 of the Towns Improvement Clauses Act, 1847. (a) See s. 87, p. 135. |