(Section 26) Entry upon By order of Justices,ifowner, &c. refuse. Time of entry,&c. Notice of intended entry except on emergencies. Compensation in case of Damage by Commission ers. Power to require moved. Also the Section numbered 143 of the same Act: CXLIII. And be it enacted, That in case it shall become necessary to enter, examine, or lay open any Lands or Premises for the Purpose of making Plans, surveying, measuring, taking Levels, examining Works, ascertaining the Course of Sewers or Drains, or ascertaining or fixing Boundaries, and the Owner or Occupier of such Lands or Premises shall refuse to permit the same to be entered upon, examined, or laid open for the Purposes aforesaid or any of them, the Local Board of Health may, upon Notice to such Owner or Occupier, apply to Two Justices for an Order authorizing the Members of such Local Board, and the Superintending Inspector, Surveyor, and Inspector of Nuisances, or any of them, to enter, examine, and lay open the said Lands and Premises for the Purposes aforesaid or any of them, and if no sufficient Cause shall be shown against the same the said Justices may make an Order authorizing the same accordingly, and thereupon any Superintending Inspector, the Local Board of Health, or any Member thereof, the Surveyor, and Inspector of Nuisances, and any Person authorized by any such Superintending Inspector, Local Board, Surveyor, or Inspector of Nuisances, may, at all reasonable Times between the Hours of Ten in the Forenoon and Four in the Afternoon, enter, examine, or lay open the Lands or Premises mentioned in such Order, for such of the said Purposes as shall be specified in the said Order, without being subject to any Action or Molestation for so doing: Provided always, that, except in case of Emergency, no Entry shall be made or Works commenced under the Powers of this Enactment unless Twentyfour Hours at the least previously thereto Notice of the intended Entry, and of the Object thereof, be given to the Occupier of the Premises intended to be entered. Also the Section numbered 144 of the same Act: CXLIV. And be it enacted, That full Compensation shall be made, out of the General or Special District Rates to be levied under this Act, to all Persons sustaining any Damage by reason of the Exercise of any of the Powers of this Act; and in case of Dispute as to Amount the same shall be settled by Arbitration in the Manner provided by this Act, or if the Compensation claimed do not exceed the Sum of Twenty Pounds, the same may be ascertained by and recovered before Justices in a summary Manner. Also the Section numbered 71 of the same Act: LXXI. And be it enacted, That if and when for the Purposes of this Act the Local Board of Health deem it necessary to raise, (Sec. 26.27.) not occasion per sink, or otherwise alter the Situation of any Water or Gas Pipes, certain cases. injury from. And this Section shall extend to authorize the Commissioners As to Alteration of excepted to require the Alteration and to alter the Line, Level, or Situa- Sewers. tion of any of the Drains or Sewers saved from vesting in the Commissioners under this Act: Provided always, that no such No permanent Alteration shall be required or made as would permanently prevent the Sewage from flowing as freely and conveniently as usual in and along any such Drain or Sewer; and that during the Progress of the Works of such Alteration adequate Means shall be provided by the Commissioners for the Discharge or Passage of Sewage in lieu of the Drain or Sewer so altered. Commissioners &c. XXVII. That during the Time any Street is new paving, Depositing flagging, or repairing, or any Sewers or Drains or Pipes therein Materials by are under Construction, placing, or Reparation, the Commis- during repairs, sioners may order the Materials necessary for such Purposes to be lodged in that or any adjoining Street, according to their Discretion, and may also stop the Way through that or any adjacent Street so long as they judge necessary. (a.) No provision is made for the summary recovery of these expenses. See note (a) to page 20 ante, and see section 87 of the Public Health Act, incorporated by section 114 post, as to the fund from which the Commissioners are to pay such expenses. (Sec. 28.29.) Power to to take and use constructing Works, &c. XXVIII. That the Commissioners are empowered to take and use, for the Purpose of making and constructing the Tanks and in Plans, &c. for Works connected therewith, and Sewers especially authorized to be made by this Act, all or any of the Lands described in the Plans and Book of Reference as to such Works deposited with the Clerk of the Peace for the County of Gloucester, or any Easement or Right therein, with or without the Consent of the Owners and Occupiers thereof; and the Commissioners shall make to the Owners and Occupiers of and all other Persons interested in such Lands, when taken or used, full Compensation for the Value of the Land, Easement, or Right taken, and for all Damage sustained by such Owners and Occupiers or other Persons by reason of the Exercise by the Commissioners of this Power; and as to such Lands, Easements, and Rights, the Provisions of "The Lands Clauses Consolidation Act, 1845," (a.) with respect to the Purchase and taking of Lands otherwise than by Agreement, shall be incorporated with this Act, as well as those Provisions of the said Act already herein incorporated by Reference Limit of Powers to Section 84 of "The Public Health Act, 1848:" Provided always, that no more than Two Acres and a Half of Land shall at any Time be taken for the Tank at the Moor's Farm hereinafter mentioned, and the Works connected therewith, exclusive of the Road to be made therefrom to the Arle Highway. Lands Clauses Act partly incorporated. as to Moor's Farm. Errors or shall certify the same. XXIX. That if any Omission, Mis-statement, or wrong Description be made of any Lands, or of the Owners, Lessees, and Occupiers of any Lands described on the Plans or Books of Reference so deposited as aforesaid, it shall be lawful for the Commissioners, after giving Ten Days Notice to the Owners and Occupiers of the Land affected by such proposed Correction, to apply to Two Justices for the Correction thereof; and if it shall appear to such Justices that such Omission, Mis-statement, or erroneous Description arose from Mistake, they shall certify the same accordingly, and they shall in such Certificate state the Particulars of any such Omission, and in what respect any such Certificate to be Matter shall have been mis-stated or erroneously described; and such Certificate shall be deposited with the Clerk of the Peace for the County of Gloucester, and shall be kept by such Clerk of the Peace with the other Documents to which it relates, and deposited. (a.) See this Act in full, post, appendix No. 6. The compulsory powers here incorporated include sections 16 to 68, both inclusive; it may be well to recur here to the 123rd section of the "Lands Clauses Consolidation Act," which limits the time for compulsory purchase to "three years, from the passing of the special Act." See note to section 84 of the Public HealthAct, in corporated by section 26 ante, page 41. thereupon such Plan or Book of Reference shall be deemed to be corrected according to such Certificate, and it shall be lawful for the Commissioners to make the Works according to such Certificate. (Sections 29. 30. 31.) from the Line and Plan and XXX. That it shall be lawful for the Commissioners to deviate Power to deviate from the Levels of such Works respectively as shown on the said Levels shown on deposited Plans and Sections to the Extent of Five Feet only, Sections. and no more, unless with the previous Consent in Writing of the Owners and Occupiers of the Land in which such Deviation is to be made; and it shall be lawful for the Commissioners to deviate from the Lines of such Works as delineated on the said Plans to the Extent shown thereon, and no more, unless with the previous Consent in Writing of the Owners and Occupiers of the Land into which such Deviation may extend, provided that the Works shall not by means of any such Deviation as herein-before authorized be made to extend unto the Lands of any Person, whether Owner, Lessee, or Occupier, whose Name is not mentioned in the Book of Reference, without the previous Consent in Writing of such Person, unless the Name of such Person shall have been omitted by Mistake, and the Fact that such Omission proceeds from Mistake shall have been certified in the Manner provided for by this Act in Cases of unintentional Errors in the said Books of Reference. And with respect to the Maps or Plans of the Borough, and of the underground Works therein, and Works to be executed by virtue of this Act, be it enacted, Maps. 11 and 12 Vict. c. with this Act. 63. incorporated XXXI. That the Section numbered 41 of "The Public Section 41 of Health Act, 1848," shall be incorporated with this Act; and on the Map made under the said Section shall be marked as well the Course of the Commissioners Sewers and other Sewers, as of Water and Gas Pipes and other underground Works, so far as the same can be traced: age. XLI. And be it enacted, That the said Local Board of Health may, Map exhibiting if they shall think fit, cause to be prepared, or to (a) procure, a System of SewerMap exhibiting a System of Sewerage for effectually draining their District for the Purposes of this Act, upon a Scale to be (a) Mr. Lawes has the following note to this Section. The word "to" ought to have been struck out. The clause as originally framed, and as it left the House of Commons, ran thus:"That it shall be lawful for the Local Board of Health to cause to be prepared, or to procure a map," &c. The Lords amended this and other clauses by expressing permissive powers by the word "may" instead of by the words "it shall be lawful," and the imperative duties by the word "shall" instead of by the words "it shall be the duty." This explanation will at once account for the error in the text, and for another of a similar kind in sec. 46, incorporated by sec. 33 post, (Sec. 31.32.) Open for Inspection. May be Published. Extend beyond May show Levels, &c. Expense of Sewers. Sections 43 and 44 of 11 and 12 prescribed by the General Board of Health; and every such Map shall be kept at the Office of the said Local Board, and shall at all reasonable Times be open to the Inspection of the Ratepayers of the District to which it applies. And the Commissioners may, if they think fit, cause such Map or Plan to be copied, engraved, and published: And in the Survey may also be included any Places adjoining the Borough which the Commissioners may think necessary to include for the Purpose of exhibiting the Boundaries and Precincts thereof: And the Commissioners may also cause Lines of equal Altitude to be marked on such Plan at proper Intervals, and may also cause proper Bench Marks for denoting the Levels to be inscribed and marked at convenient Distances and Places at the Corners of Streets, and on Posts, Houses, and other prominent Objects in the Borough: And the Section numbered 42 of the same Act shall be incorporated with this Act. XLII. And be it enacted, That the Expense of Surveys, Maps, or And with respect to making and maintaining the Public XXXII. The Section numbered 43 of "The Public Health Vict. c. 63. in- Act, 1848," shall be incorporated with this Act: corporated with this Act. Sewers, &c. vested in Local Board. Except certain. Use of excepted XLIII. And be it enacted, That all Sewers, whether existing at the Time when this Act is applied or made at any Time thereafter, (except Sewers made by any Person or Persons for his or their own Profit or for the Profit of Proprietors or Shareholders, and except Sewers made and used for the Purpose of draining, preserving, or improving Land under any Local or Private Act of Parliament, or for the Purpose of irrigating Land, and Sewers under the Authority of any Commissioners of Sewers appointed by the Crown,) together with all Buildings, Works, Materials, and Things belonging or appertaining thereto, shall vest in, belong to, and be entirely under the Management and Control of the Local Board of Health. And with regard to the Sewers excepted in that Section, the Commissioners shall nevertheless have Power to cause Sewers and |