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PUBLIC HEALTH ACT
effectual for his use as the one of which he is so
Sewers to be kept so as not to be
XLVI. And be it enacted, that the local board of
health shall cause the sewers vested in them by this injurious to Act to be constructed, covered, and kept so as not
to be a nuisance or injurious to health, and to be
And for the purpose of clearing, cleansing, and
Works for cleansing sewers.
(w) This provision is adopted in the same terms in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 45), and a provision to the same effect is contained in the City of London Sewers Act 1848, s. 68.
All works of a permanent nature which may be executed under this section will be defrayed out of the special district rates (s. 86, pp. 134, 135), and works of a temporary nature out of the district fund or general district rates (s. 87), p. 136.
(x) See note (n) ante, p. 74.
(y) This provision is also adopted in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 45). The corresponding provision in the City of London Sewers Act is s. 53, but by that enactment sewers are expressly allowed to communicate with and to be emptied “ into the river Thames, or into any public stream or watercourse.” The 24th section of the Towns Improvement Clauses Act, 1847 (upon which the section in the text is framed), also gives an express licence to drain into public rivers, but in the present Act any apparent sanction of the practice of pollut
built over sewers, or vault to be
XLVII. And be it enacted, that it shall not be 11 & 12Vict. lawfulTo cause any sewer or drain to communicate with to be made
or to be emptied into any sewer of the local building
board of health,Nor to cause any building to be newly erected over Streets, withany
such last-mentioned sewer,Nor to cause any vault, arch, or cellar to be newly
built or constructed under the carriage-way of
any street, Without the written consent of the said local board first had and obtained (2): And whosoever offends against this enactment shall Pecuniary
penalty; forfeit to the said local board the sum of five pounds, and a further penalty of forty shillings for every day during which the offence is continued after notice in writing from them in this behalf (a);
And if any sewer, drain, building, vault, arch, or and openings, cellar be made, erected, or constructed contrary to this to the enactenactment the said local board may cause the same altered, &c. to be altered, pulled down, or otherwise dealt with as they may think fit, and the expenses incurred by
ment may be
ing rivers, &c. has been studiously avoided. By s. 56, p. 95, all sewage collected by the local board may be disposed of by them, and the proceeds are directed to be applied for the benefit of the district.
(z) The section embodies ss. 30, 31 of the Towns Improvement Clauses Act, 1848. Somewhat similar provisions are contained in the Metropolitan Sewers Act, 11 & 12 Vict. c. 112, ss. 54, 55; and in the City of London Sewers Act, 1848, s. 125.
(a) As to the recovery and application of penalties, see s. 129, post, p. 180—182; and s. 133, p. 185.
PUBLIC HEALTH ACT
them in so doing shall be repaid to them by the
Sewers may be used by
of local board.
XLVIII. And be it enacted (c), that any owner owners, &c. or occupier of premises adjoining or near to, but trict by leave beyond the limits of, any district may cause any
sewer or drain of or from such premises to commu-
No new house to be
covered drains, &c.
XLIX. And be it enacted, that it shall not be lawful newly to erect any house, or to rebuild any
house which may have been pulled down to or below built without the floor commonly called the ground floor, or to
occupy any house so newly erected or rebuilt, unless
(b) See post, s. 129, p. 180.
(c) A similar provision is contained in the City of London Sewers Act, 1848, s. 60; and in the Towns Improvement Clauses Act, 1848, s. 34.
(d) See post, ss. 123—128, pp. 175–179.
sea or a sewer, if either be within a cer
And if the sea, or a sewer of the local board of 11 & 12 Vicr. health, or a sewer which they are entitled to use, be within one hundred feet of any part of the site of the drains shall house to be built or rebuilt, the drain or drains so to cate with the be constructed shall lead from and communicate with such one of those means of drainage as the said local tain distance, board shall direct, or if no such means of drainage with a coverbe within that distance, then the last-mentioned drain or drains shall communicate with and be emptied into such covered cesspool or other place, not being under any house, and not being within such distance from any house as the said local board shall direct:
And whosoever erects or rebuilds any house or con- Penalty. structs any drain contrary to this enactment shall be liable for every such offence to a penalty not exceeding fifty pounds, which may be recovered by any person, with full costs of suit, by action of debt:
And if at any time, upon the report of the sur- Local board, veyor, it appear to the said local board that any house, of surveyor whether built before or after the time when this Act house is is applied to the district in which it is situate, is drain, and if without any drain, or without such a drain or drains sewer be communicating with the sea or a sewer as is or are sufficient for the proper and effectual drainage of the coestoube
constructed; same and its appurtenances, and if the sea, or a sewer of the said local board, or a sewer which they are entitled to use, be within one hundred feet of any part of such house, they shall cause notice in writing to be given to the owner or occupier of such house,
the sea or a
within a certain distance, shall require
and in case of default they may execute the works at the expense
POBLACrequiring him forthwith, or within such reasonable
time as shall be specified therein, to construct and
necessary; And if such notice be not complied with (e) the said local board may, if they shall think fit, do the works
mentioned or referred to therein, and the expenses of owner or incurred by them in so doing shall be recoverable by occupier.
them from the owner in a summary manner, or, by order of the said local board, shall be declared to be private improvement expenses, and be recoverable as such in manner hereinafter provided (f).
(e) In accordance with the recommendation of the commissioners for inquiring into the state of large towns, &c. the construction of proper house drains is by this section rendered compulsory. (See 8th recommendation and observations thereon, 2nd Report, p. 28). The commissioners also recommended that the duty of constructing house drains as well as public sewers be cast upon the local boards in the first instance, and the model clauses in the Towns Improvement Clauses Act, 1847 (ss. 35, 36), are framed upon that principle. The present Act is founded upon the principle of requiring the owners or occupiers to execute the works in the first instance, and of calling upon the public authority to do so only in case of their default. (f) If the local board elect to charge the owner, the
expenses may be recovered before two justices (s. 129, p. 180), and the whole may be demanded at once, or time may be given and the amount received by annual instalments of not less than onethirtieth part of the entire sum with interest at the rate of 51. per cent. per annum ; (s. 146, pp. 197-8). If the expenses be declared to be private improvement expenses the amount,