« EelmineJätka »
(Sections And the Notice therein required of the Intention to make a
116.117.) Rate shall be in Writing or in Print, or partly in Writing and Furmi, a comand partly in Print, and be signed by the Commissioners Clerk or other Officer, and a Copy thereof shall be affixed on the Outside of the outer Door of the Commissioners Office Seven clear Days previously to the making of any Rate.
CXVI. That the Commissioners shall defray the Expenses of Highways to be maintaining the Highways within the Borough out of “the Bo- of Borough Rate. rough Rate.”
CXVII. That the following Sections of "The Public Health Sections 90, 91,
92, 120, and 146 Act, 1848,” shall be incorporated with this Act :
of 11 & 12 Vict.
ted with this Act.
The Section numbered 90 in the said Act :
XC. And be it enacted, That whenever the Local Board fof Health Private Improve
have incurred or become liable to any Expenses which by this Act are or by the said Local Board shall be declared to be Private Improvement Expenses, the said Local Board may, if they shall think fit, make and levy upon the Occupier of the Premises in respect of which the Expenses shall have been incurred, except in the Cases herein-after provided, in addition to all other Rates, a Rate or Rates to be called Private Improvement Rates, (a.) of such Amount as will be sufficient to discharge such Expenses, together with Interest thereon at a Rate not exceeding Five Pounds in the Hundred, in such Period not exceeding Thirty Years as the said Local Board shall in each Case determine: Provided always, that for minoccupied whenever any Premises in respect of which any Private Improve- paid by owners. ment Rate is made become unoccupied before the Expiration of the Period for which the Rate was made, or before the same is fully paid off, such Rate shall become a Charge upon and be paid by the owner of the Premises so long as the same continue to be
unoccupied. And in every such Rate may be included what the Commis- Expence of
collecting sioners deem a fair Equivalent for the Labour and Loss incident to the Collection thereof; and Notice of such Rate shall be given to the Owner or Occupier of the Land or Tenement affected thereby, in manner herein provided for giving Notices to Owners or Occupiers : (6.)
Also the Section numbered 91 in the said Act:
(a.) See the form of such Rate Schedule D. to this Act.
(6.) Section 130 of Local Act.
XCI, And be it enacted, That if the Occupier by whom any Private Proportion of Private Improvement Rate may
Improvement Rate is paid holds the Premises in respect of which be deducted from
the Rate is made at a Rent not less than the Rack Rent, he shall Rent.
be entitled to deduct Three Fourths of the Amount paid by him on account of such Rate from the Rent payable by him to his Landlord, and if he hold at a Rent less than the Rack Rent he shall be entitled to deduct from the Rent so payable by him such Proportion of Three Fourths of the Rate as his Rent bears to the Rack Rent; and if the Landlord from whose Rent any
Deduction is made under the Provision last aforesaid is himself liable to the Payment of Rent for the Premises in respect of which the Deduction is made, and holds the same for a Term of which less than Twenty Years is unexpired, but not otherwise, he may deduct from the Rent so payable by him such Proportion of the Sum deducted from the Rent payable to him as the Rent payable by him bears to the Rent payable to him, and so in succession with respect to every Landlord (holding for a Term of which less than
Twenty Years is unexpired) of the same Premises both receiving Rent to be
and liable to pay Rent in respect thereof: Provided always, that limit of deduction. nothing herein contained shall be construed to entitle Person
any to deduct from the Rent payable by him more than the whole Sum
deducted from the Rent payable to him. Also so much of the Section numbered 92 in the said Act as
relates to the Redemption of Private Improvement Rates : Redemption of XCII. Provided always, and be it enacted, That at any time before private Improvemeat Rates.
the Expiration of the Period for which any Special District Rate or Private Improvement Rate is made, the Owner or Occupier of the Premises assessed thereto may redeem the same, by paying to the Local Board of Health the expenses in respect of which the Rate was made, or such Part thereof as may not have been defrayed by
Sums already levied in respect of the same.
Appeal from any Private Improvement Rate than to the General
Parties aggrieved CXX. And be it enacted, That if in any Case in which the Local by Proceedings of Commis
Board are empowered to recover any Expenses incurred by them sioners as to Recovery of cer- in a summary Manner, or to declare such Expenses to be Private tain Expenses may appeal to Improvement Expenses, (a.) any Person shall deem himself to be the General Board.
(a.) Those cases in which the expenses are to be recovered by the Commissioners in a summary manner alone are as follows:
First. The expenses of altering, pulling down, &c. unauthorised communications with,
or Buildings over the Commissioners Sewers, or new and unauthorised Vaults, arches, or cellars, under the carriage way of any Street, section 47 of the Publie Health Act, incorporated by section 33, p. 49.
aggrieved by the Decision of the said Local Board thereupon, he may, within Seven Days after Notice of such Decision, address a Memorial to the said General Board, stating the Grounds of his Complaint; and the said General Board may make such Order in the Matter as to them may seem equitable, and the Order so made shall be binding and conclusive upon the said Local Board ; and if the said Local Board shall have proceeded to recover such Expenses in a summary Manner, the said General Board may, if they shall think fit, direct the said Local Board to pay to the Person so proceeded against such Sum as they may consider to be a just Compensation for the Loss, Damage, or Grievance thereby sus
tained by him. Also the Section numbered 146 in the said Act.
CXLVI. And be it enacted, That in any Case in which the Local Commissioners
Board of Health may have incurred Expenses for the Repayment owners Time whereof the owner of the Premises for or in respect of which the of Expenses. same are incurred is made liable by this Act, the said Local Board may, if they think fit, allow such Owner Time for Repayment, and receive the same by such annual Instalments, not being less than One Thirtieth Part of the entire Sum, together with Interest at the Rate of Five Pounds in the Hundred upon the Sum from Time to Time remaining unpaid, as they, under the Circumstances of each Case, may consider to be just ; but although Time for Repayment be allowed as last aforesaid, the Sum due, or so much thereof as may be unpaid, shall from Time to Time, in case of Default in Payment at the Times respectively appointed for Payment, be recoverable in like Manner in all respects as the entire Sum might have been recovered if Time for Repayment had not
been allowed. CXVIII. That whenever any Premises in respect of which any Summary ReExpenses authorized to be paid by an Improvement Rate have provement Rate
in certain Cases, Second.– The expenses of altering or pulling down houses, privies, or cesspools, built,
without Commissioners consent, or contrary to Act, section 53 of the Public Health
Act incorporated by section 41, p. 57.
made contrary to Commissioners' orders, section 72 of the Public Health Act incor
porated by section 43, p. 60.
80 of the Public Health Act incorporated by section 68, p. 94.
or soaking of water-closets, privies, or cesspools, section 59 of the Public Health Act
incorporated by section 72, p. 100.
Health Act incorporated by section 72, p. 101.
First-The expenses of cleaning, reconstructing, or repairing private sewers, sec. 40, p. 54.
the Public Health Act incorporated by section 68, p. 93.
Sections 181. 119.
been incurred are wholly or partly destroyed, pulled down, or suffered to fall into Decay, or lie unoccupied for more than Twelve successive Months, or are subdivided, or have their Boundaries altered, and whenever, for any other Cause, 'it appears to the Commissioners that the Recovery of such Expenses by an Improvement Rate may be impracticable, or practicable only at an undue Cost, or with undue Difficulty or Delay, then and in any such Case the Commissioners may order that such Expenses as remain unpaid, or such Part thereof as they think fit, shall be paid, with Interest and Costs, by the Owner for the Time being of such Premises or the Site thereof, on Demand, or at such Time and by such Instalments as the Commissioners appoint, and the same shall be recoverable from such Owner in a summary Manner.
Sections 93 & 94 of 11 & 12 Vict,
CXIX. That the Sections numbered 93 and 94 of "The Public lated with this Health Act” shall be incorporated with this Act.
Water Rate, for house purposes, &c.
XCIII. And be it enacted, That whenever and so long as any Pre
mises are supplied with Water by the Local Board of Health, for the Purposes of domestic Use, Cleanliness, or Drainage, they shall make and levy, in addition to any other Rate, a Water Rate upon the Occupier, except as herein-after provided ; and the Rate so made shall be assessed upon the net annual Value of the Premises, ascertained in the Manner herein-before prescribed with respect to the said Special and General District Rates ; and when several Houses in the separate Occupation of several Persons are supplied by One common Pipe, the respective Houses shall be charged with the Payment of Water Rates, in the same Manner as if each House had been supplied with Water by a separate Pipe: Provided always, that in any District to be called the Oxford or Cambridge District the Local Board of Health, with the Consent of the said General Board, may supply Water to any Hall, College, 119. 120.)
And those cases in which the Commissioners have a discretionary power, either to recover the expenses in a Summary manner, or declare such expenses prirate Improvement expenses are as follows:
First- The expenses of constructing or laying down house drains, section 49 of the Public
Health Act incorporated by section 41, p. 55.
51 of the Public Health Act incorporated by section 41, p. 56.
or ashpits out of order, or condition, in private houses, section 54 of the Public
Health Act incorporated by section 41, p. 58.
Highways, section 44, p. 61.
Streets, section 69 of the Public Health Act incorporated by section 46, p. 62.
ditches, sewers, drains, &c. section 58 of the Public Health Act incorporated by sec.
72, p. 99. Mr. Lawes seems to imply that the 120th section only applies to the expenses included under the last division, sed quere, and see the 118th section, p. 147.
Sections or Premises of the University within such District, upon such Terms with respect to the Mode of paying for such Supply as shall from Time to Time be agreed upon between such University, or any
Hall or College thereof, and the said Local Board.
XCIV. And be it enacted, That the said Water Rate shall be pay- Water Rate
payable in adable in advance; and whenever any Person supplied with Water under the Provisions of this Act neglects to pay the Water Rate due from him, upon Demand, the Local Board of Health may power to stop prevent the Water from flowing into the Premises of the De- Water in case of
Nonpayment of faulter in such Manner as they may think fit, and may recover the Rates. Arrears due, together with the Expenses of stopping the Supply, in the Manner herein-after provided with respect to the Recovery of Rates made under the Authority of this Act : Provided always, that the stopping or cutting off any Supply of Water by the said Local Board under this Enactment shall not relieve any Person from any Penalty or Liability to which he would have been other
wise subject. (a.) CXX. That the following Sections of “The Public Health Also Sections 96,
97, 98, 100 to 104, Act, 1848,” shall be incorporated with this Act :
and 106 of the same Act.
The Section numbered 96 in the said Act :
Power to reduce
XCVI. Provided also, and be it enacted, That it shall be lawful for the Local Board of Health to reduce or remit the Payment of any on account
of Rate on account of the Poverty of any Person liable to the Pay- Poverty. ment thereof.
Also the Section numbered 97 in the said Act:
XCVII. Provided also, and be it enacted, That nothing in this Act Act not to affect
shall alter, interfere with, or affect any Lease, Contract, or Agree- ments between ment which shall have been made or entered into between Landlord and Tenant before this Act is applied to the District in which the Premises are situate in respect of which the Lease, Contract, or Agreement was made.
Also the Section numbered 98 in the said Act :
XCVIII. And be it enacted, That the Local Board of Health, be- Estimate to be fore proceeding to make any General or Special District Rate or
making Rates. Private Improvement Rate under this Act, shall cause an Estimate to be prepared of the Money required for the Purposes in respect
(a) The owner or occupier being compelled to keep his house in a state of cleanliness, the stoppage of bis supply of water night create such inconvenience or nuisance as to subject him to penalties Woolrych.