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(Section 32.) Drains to open into and communicate with any of such Sewers, on paying the Owners thereof full gross annual or other Compensation, to be settled in case of Dispute by Arbitration, under this Act:
Also the Section numbered 44 of the same Act shall be incorporated with this Act:
XLIV. And be it enacted, That the Local Board of Health may, if
they shall think fit, purchase the Rights, Privileges, Powers, and Power to purAuthorities vested in any Person for making Sewers, or contract tract for the use for the Use of any Sewers within their District, or purchase any
of certain Sewers. such Sewers, with or without the Buildings, Works, Materials, and Things belonging or appertaining thereto; and any Person to whom any such Rights, Privileges, Powers, Authorities, Sewers, Buildings, Works, Materials, or Things belong may sell and dispose of the same to or otherwise contract with the said Local Board ; and in case of any such Sale the Purchase Money shall be Application of settled and applied to the same Uses and Trusts to which the purchase money Property purchased may have been subject at the Time of such Sale, and the Property purchased shall vest in and belong to the Local Board of Health purchasing the same, anything to the contrary notwithstanding: Provided always, that, notwithstanding Rights reserved. any such Purchase, any Person who previously thereto may have acquired perpetual Right to use any Sewer so purchased shall be entitled to use the same, or any other Sewer substituted in lieu thereof, in as full and ample a Manner as he would or might have
done if such Purchase had not been made. And the said Section shall extend to the Purchase by the Provision in case Commissioners of the Sewers, Works, Rights, Privileges, and sewers of the Authorities vested in or belonging to the Company (a.) estab- Cheltenhain Sexlished by a Local Act passed in the Third Year of the Reign of
(Local.) King William the Fourth, intituled An Act for the better Sewage, cleansing, and draining of the Town of Cheltenham in the County of Gloucester, anything in the said Act contained to the contrary notwithstanding; and in case of any such Purchase being made, all Privileges, Rights, Powers, and Authorities to make Sewers
(n.) The Commissioners appointed a Committee to open negociations with the sewers Company for the purchase of their Works, &c, which Comınittee proposed to the Committee of management of the Company to recommend to the Commissioners the purchase of the Company's Sewers, &c. at £12,700, (the price formerly agreed to by the Promoters of the Bill of 1851, sanctioned by the General Board of Health under the approval of their own Surveyor, agreed to by the Town, and confirmed by the House of Commons; but the House of Lords, to the surprise of all, rejected it.) The Committee of Management of the Serreis Company, after correspoudence, &e., agreed as such Committee and so far as their powers extended to the price, and the commissioners Committee reported in favonr of the price, but the Commissioners have declined to confirm the Report.
W. 4. c. xxi.
(Section 33.)under the said Local Act shall thereafter cease ; and in case the
said Company should be dissolved or cease to exist, all the Sewers and Works made by virtue of that Act shall thenceforth vest in
the Commissioners for the Purposes of this Act. Sections 45 to XXXIII. That the following Sections of “The Public Health 48 of 11 and 12 Viet. c. 63. in Act, 1848,” shall be incorporated with this Act :
with this Act.
The Section numbered 45 of the said Act; and this Section shall extend to the Works of Reconstruction, Reparation, Dis
continuance, Improvement, Diversion, or Alteration of Sewers Sec. 45 extended or Drains by the Commissioners, as and when authorized by this venteil, &c, in Act, whether such Sewers or Drains may or may not be vested Commissioners.
in the Commissioners or made or acquired by them under this Act:
to Sewers not
Repairing, XLV. And be it enacted, That the Local Board of Health shall from
shall cause to be made such Sewers as may be necessary for inCommissioners
effectually draining their District for the Purposes of this Act; and the said Local Board may carry any such Sewers through, across, or under any Turnpike Road, or any Street or Place laid out as or intended for a Street, or under any
Cellar or Vault which may be under the Pavement or Carriageway of any Street, and, after reasonable Notice in Writing in that Behalf, (if upon the Report of the Surveyor it should appear to be necessary,) into, through, or under any Land whatsoever; and the said Local Board
may from Time to Time enlarge, lessen, alter, arch over, or otherwise improve all or any of the Sewers vested in them by this Act, and discontinue, close up, or destroy such of them as they may deem to have become unnecess
essary : Provided always, Discontinuance,
that the Discontinuance, closing up, or Destruction of any Sewer &c. not to be a Nuisance.
shall be so done as not to create a Nuisance; and if by reason thereof any Person is deprived of the lawful Use of any Sewer the said Local Board shall provide some other Sewer as effectual
for his Use as the one of which he is so deprived. Also the Section numbered 46 of the same Act; and this Section shall extend to the Maintenance and Reparation by the
Commissioners of their Sewers, Tanks, and Works : Ar to cleansing
XLVI. And be it enacted, That the Local Board of Health shall and emptying Beweis, &c. by cause the Sewers vested in them by this Act to be constructed, Local Board.
covered, and kept so as not to be a Nuisance or injurious to Health, and to be properly cleared, cleansed, and emptied; and for the Purpose of clearing, cleansing, and emptying the same they may construct and place, either above or under ground, such Reser
voirs, Sluices, Engines, and other Works as may be necessary, and (Secs. 33.34) 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.
Also the Section numbered 47 of the same Act:
XLVII. And be it enacted, That it shall not be lawful to cause any Penalty for
making unauthoSewer or Drain to communicate with or to be emptied into any rized Sewers, and Sewer of the Local Board of Health, nor to cause any Building to sewers and under be newly erected over any such last-mentioned Sewer, nor to cause any Vault, Arch, or Cellar to be newly built or constructed under the Carriageway of any Street, without the written consent of the said Local Board first had and obtained ; and whosoever offends against this Enactment shall 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 ; and if any Sewer, Drain, Building, Vault, Arch, or Cellar be made, erected, Alteration of or constructed contrary to this Enactment, 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 them in so doing shall be repaid to them by the Offender, and be recoverable from him in the summary Manner herein-after provided. Also the Section numbered 48 of the same Act.
XLVIII. And be it enacted, That any Owner or Occupier of Pre- Use of Sewers by
mises adjoining or near to but beyond the Limits of any District persons beyond may cause any Sewer or Drain of or from such Premises to conmunicate 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.
Works herein mentioned.
XXXIV. That for the Purpose of the Sewerage and Drainage power to Comof the Town the Commissioners shall make and construct the construct the following Works ; (that is to say,)
A Main Sewer commencing at or near a Point situate near the River Chelt adjoining the Old Bath Road in the said Parish, and Sewer. terminating in the Reservoir or Tank first herein-after mentioned;
And also a Main Sewer commencing at or near a Point situate Wyman's Brook in the Evesham Road near the Pittrille Bridge in the said Parish,
(a.) See note to section 41 of the Public Health Act, section
ante, page 45.
(Secs. 84.35) and terminating in a Junction with the Main Sewer before
described at or near a Point situate in a Field also in the said Parish on the North Side of the River Chelt near the Lover
Alstone Mill, and in the Occupation of Mr. John Davis ; Chelt Tank. And also a Reservoir or Tank, Overflow Drain, and Works
connected therewith, at or near the River Chelt on the North Side thereof in a Field near the Moor's Farm in the Parish of Cheltenham, in the Occupation of Mr. John Yearsley, for the
Purpose of receiving the Sewage of the said Two Main Sewers; Hatherley Brook And also a Main Sewer commencing at or near a Point situate
in a Field on the South Side of Hatherley Court in the said Parish, and in the Occupation of James Webster Esquire, and terminating in the Reservoir or Tank next herein-after men
tioned ; Hatherley Brook And also a Reservoir or Tank, Overflow Drain, and Works Tank.
connected therewith, at or near the Hatherley Brook on the South Side thereof in a Field adjoining the Bristol and Birmingham Railway, and in the Occupation of Mr. Hawkins, for the Purpose of receiving the Sewage and Drainage now running in the said Hatherley Brook ;
As delineated and shown in the Plan and Section (a.) which, together with a Book of Reference containing the Names of the Owners, Lessees, and Occupiers, or reputed Owners, Lessees, and Occupiers of the Lands in, through, or upon which the same are intended to be made or executed, have been deposited with
the Clerk of the Peace for the County of Gloucester. Commissioners
XXXV. That the Commissioners shall construct and place the Tanks, &c. and said Tanks and Reservoirs, and make and for ever maintain and Works for Aco keep in repair Works for the Accommodation of the Lands Lands adjoining. adjoining the same Works, as herein-after mentioned ; (that is
For the Tank at the Moor's Farm and the Works connected therewith (exclusive of the Road intended to be made therefrom to the Arle Highway), the Land shall be taken from the Field marked 4 on the said Plan in such Manner as to leave a Piece of Land not purchased in the said Field of at least Eighteen Feet on the East Side of the Land purchased, and another Piece of Land not purchased in the said Field of at least Two hundred
Tank, &c. at
(a.) The General Board of Health on a Report from their Surveyor in favour of these Works have, it appears, sanctioned the Commissioners' intentions to commence them.
(Section 35.) and thirty Feet on the West Side of the Land purchased, and adjoining and running by the Side of the Brook to the Western Hedge of the said Field ; nevertheless the Commissioners shall be at liberty to carry the Overflow Drain from the said Tank under the Surface of the said last-mentioned Part of the said Field ; and the Land so taken shall be fenced from the adjoining Land on the North and West Sides with a Fourteen-Inch Brick Wall of the Height of Eight Feet above the Surface of the Ground, and on the other Sides by a like Wall or by a Quickset Hedge raised on a Mound Five Feet high ; the Road from the Tank to the Arle Highway shall be made on and along the Eastern Side or Extremity of the Field marked 2 on the said Plan, and shall not be more than Thirty Feet in Width between the Fences, and such Fences shall be a double Quickset Hedge on either Side thereof, the Proprietors and Occupiers of the Land Part of Moor's Farm lying on either Side of the Tank Inclosure to have the Right of using at all Times and for all Purposes the said Road; the Commissioners shall put up and for ever maintain a substantial Gate and Posts at the Northern Extremity of the said Strip of Land of Eighteen Feet in Width, for the Use of the Owners and Occupiers of the said Farm :
In the Hatherley Brook Tank, and the Works connected therewith, the Land shall be taken from the Field marked 8 in the Hatherley Brook. said Plan, in such Manner as to leave a Space not purchased of One hundred and thirty Feet adjoining and by the Side of the Hatherley Brook on the West Side of the Land taken ; nevertheless the Commissioners shall be at liberty to carry the Overflow Drain from the Tank under the Surface of the last-mentioned Part of the said Field, such Overflow Drain to be carried on to the Arch or Culvert belonging to the Railway Company, the Land to be so taken to be fenced from the adjoining Parts of the said Field with a double Quickset Hedge ; the Road from the said Tank to Hatherley Lane to be made of such Width as the Commissioners determine, such Road not to be fenced in whole or in part on either Side unless the Proprietor of the Land on One Side or both Sides of the said Road shall by Writing under his Hand require the Commissioners to fence the same; and if any Fence should be so required, the same shall be a double Quickset Hedge; and Gates shall be placed in such Fences on either Side, so as to give free Access for Cattle and Carriages across the said Road from One Part of the said Field to the other;
Tank, &c. at