PUBLIC HEALTH ACT 1848. Sewers to be kept so as not to be effectual for his use as the one of which he is so deprived. 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 properly cleared, cleansed, and emptied (w); health, &c. Works for cleansing sewers. And for the purpose of clearing, cleansing, and emptying the same they may construct and place, either above or under ground, such reservoirs, sluices, engines, and other works as may be necessary, and may cause all or any of such sewers to communicate with and be emptied into such places as may be fit and necessary, or to (a) cause the sewage and refuse therefrom to be collected for sale for any purpose whatsoever, but so as not to create a nuisance (y). (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 XLVII. And be it enacted, that it shall not be 11 & 12 VICT. lawful c. 63. No opening into, or built over To 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, withsuch last-mentioned sewer, any 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 (z): sewers, or vault to be made under out consent. penalty; And whosoever offends against this enactment shall Pecuniary 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); &c. contrary ment may be altered, &c. 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 to be altered, pulled down, or otherwise dealt with as they may think fit, and the expenses incurred by 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. HEALTH ACT PUBLIC them in so doing shall be repaid to them by the 1848. offender, and be recoverable from him in the summary manner hereinafter provided (b). Sewers may be used by beyond dis 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 of local board. House Drains, &c. No new house to be covered drains, &c. sewer or drain of or from such premises to communicate with any sewer of the local board of health upon such terms and conditions as shall be agreed upon between such owner and occupier and such local board, or, in case of dispute, as shall be settled by arbitration in the manner provided by this Act (d). 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 and until a covered drain or drains be constructed, of such size and materials, and at such level, and with such fall as upon the report of the surveyor shall appear to be necessary and sufficient for the proper and effectual drainage of the same and its appurtenances; (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. c. 63. communi sea or a sewer, if within a cer or, if not, And if the sea, or a sewer of the local board of 11 & 12 VICT. health, or a sewer which they are entitled to use, be and such 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 either be such one of those means of drainage as the said local tain distance, board shall direct, or if no such means of drainage be 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: with a cover ed cesspool. 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: upon report 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 without any drain, or without such a drain or drains that any without a drain, and if sewer be the sea or a within a certain distance, shall require constructed; communicating with the sea or a sewer as is or are sufficient for the proper and effectual drainage of the one to be 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, HEALTH ACT 1848. PUBLIC requiring him forthwith, or within such reasonable time as shall be specified therein, to construct and lay down, in connexion with such house and one of those means of drainage, one or more covered drain or drains, of such materials and size, at such level, and with such fall as upon the last-mentioned report shall appear to be necessary; and in case of default they may execute the works at 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 them from the owner in a summary manner, or, by the expense occupier. order of the said local board, shall be declared to be private improvement expenses, and be recoverable as such in manner hereinafter provided (ƒ). (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, |