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before or after
(Section 41.) Water-closet or Privy and an Ashpit, furnished with proper Doors sets, &c. Ito be and Coverings ; and whosoever offends against this Enactment shall erected in Houses be liable to a Penalty not exceeding Twenty Pounds; and if at any this Act'is Time, upon the Report of the Suryeyor, it appear to the Local applied, &c. Board of Health that any House, whether built before or after the Time when this Act is applied to the District in which it is situate, is without a sufficient Watercloset or Privy and an Ashpit, furnished with proper Doors and Coverings, the said Local Board shall give Notice in Writing to the Owner or Occupier of such House, requiring him forthwith, or within such reasonable Time as shall be specified therein, to provide a sufficient Watercloset or Privy and an Ashpit so furnished as aforesaid, or either of them, as the Case may require ; and if such Notice be not complied with, Commissioners the said Local Board may, if they shall think fit, cause to be con- them in default structed a sufficient Watercloset or Privy and an Ashpit, or either of expense. them, or do such other Works as the Case may require ; and the Expenses incurred by them in so doing shall be recoverable by 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 : Pro- Use of Water. vided always, that where a Watercloset or Privy has been and of two or more is used in common by the Inmates of Two or more Houses, or if, in the Opinion of the said Local Board, a Watercloset or Privy may be so used, they need not require the same to be provided for each House.
Also the Section numbered 52, of the said Act : LII. And be it enacted, That if at any Time it appear to the Local Certain WaterBoard of Health, upon the Report of the Surveyor, that
House is used or intended to be used as a Factory or Building in which Factories. &c. Persons of both Sexes, and above Twenty in Number, are employed or intended to be employed at One Time in any Manufacture, Trade, or Business, the said Local Board may, if they shall think fit, by Notice in Writing to the Owner or Occupier of such House, require them or either of them, within a Time to be specified in such Notice, to construct a sufficient Number of Water- Penalty. closets or Privies for the seperate Use of each Sex ; and whosoever neglects or refuses to comply with any such Notice shall be liable for each Default to a Penalty not exceeding Twenty Pounds, and a further Penalty not exceeding Forty Shillings for every Day during which the Default is continued.
Also the Section numbered 53 of the said Act: LIII. And be it enacted, That, Fourteen Days at the least before be- Notice of build
ginning to dig or lay out the Foundations of or for any new House, ing, with respect or to rebuild any House pulled down to the Extent aforesaid, the
closets to be constructed in
to Levels of
(Section 41.) Houses, Situation of Privies, &c.
Penalty for building, &c. without notice or approval.
Person intending so to build or rebuild shall give to the Local Board of Health written Notice thereof, together with the Level or intended Level of the Cellars or lowest Floor, and the Situation and Construction of the Privies and Cesspools to be built, constructed, or used in connexion with such House ; and it shall not be lawful to begin to build or rebuild any such House, or to build or construct any such Privy or Cesspool, until the Particulars so required to be stated have been approved by the said Local Board ; and in default of such Notice, of if any such House, Privy, or Cesspool be built, rebuilt, or constructed as aforesaid without such Approval, or in any respect contrary to the Provisions of this Act, the Offender shall be liable to a Penalty not exceeding Fifty Pounds; and the said Local Board may, if they shall think fit, cause such House, Privy, or Cesspool to be altered, pulled down, or otherwise dealt with as the Case may require, and the Expenses incurred by them in so doing shall be repaid by the Offender, and be recoverable from him in the summary Manner herein-after provided : Provided always, that if the said Local Board fail to signify their Approval or Disapproval of the said Particulars for the Space of Fourteen Days after receiving such Notice, it shall be lawful to proceed according to such Notice, if the same be otherwise in accordance with the Provisions of this Act.
And building,&c. may be pulled down, &c.
Approval or disapproval.
Also the Section numbered 54 of the said Act.
Commissioners to provide that Drains, Waterclosets, &c. do not become a Nuisance.
Surveyor may be
LIV. And be it enacted, That the Local Board of Health shall see
and provide that all Drains whatsoever, and the Waterclosets, Privies, Cesspools, and Ashpits within their District, are constructed and kept so as not to be a Nuisance or injurious to Health; and the Surveyor may, by written Authority of the said Local Board (who are hereby empowered to grant such Authority, upon the written Application of any Person showing that the Drain, Watercloset, Privy, Cesspool, or Ashpit in respect of which Application is made is a Nuisance or injurious to Health, but not otherwise,) and after Twenty-four Hours Notice in Writing, or in case of Emergency without Notice, to the Occupier of the Premises to which such Drain, Watercloset, Privy, Cesspool, or Ashpit is attached or belongs, enter such Premises, with or without Assistants, and cause the Ground to be opened, and examine and lay open such Drain, Watercloset, Privy, Cesspool, or Ashpit ; and if the Drain, Watercloset, Privy, Cesspool, or Ashpit in respect of which such Examination is made be found to be in proper Order and Condition, he shall cause the Ground to be closed, and any Damage done to be made good as soon as can be, and the Expenses of the Works shall be defrayed by the said Local Board ; but if upon such Examination such Drain, Watercloset, Privy,
If drains, &c. found in proper order, damage to be made good.
If not, Com issioners to require
(Sections Cesspool, or Ashpit appear to be in bad Order and Condition, or 41. 42. 43.) to require Alteration or Amendment, he shall cause the Ground execution of to be closed, and the said Local Board shall cause Notice in Writing to be given to the Owner or Occupier of the Premises upon or in respect of which the Examination was made, requiring him forth with, or within such reasonable Time as shall be specified in such Notice, to do the necessary Works; and if such No-Penalty on tice be not complied with the Person to whom it is given shall be liable to a Penalty not exceeding Ten Shillings for every Day during which he continues to make default, and the said Local Board may, if they shall think fit, execute such Works, and the Expen- And Commisses incurred by them in so doing shall be recoverable by them execute the from the Owner in a summary Manner, or by Order of the said expense, &c. Local Board shall be declared to be Private Improvement Expenses, and be recoverable as such in the Manner herein-after provided.
works at Owners'
XLII. That the Section numbered 46 of “The Towns Im- Section 46 of 10
& 11 Vict. c. 34 provement Clauses Act, 1847,” shall be incorporated with this incorporated Act; and the Words "such Drain, Privy, or Cesspool," and "such Sewer," therein used, shall apply to Drains, Privies, and Cesspools within the Limits of this Act.
XLVI. If any such Drain, Privy, or Cesspool be on Inspection found Penalty on Per
to have been constructed, after the passing of the special Act, altering Drains,
shall be recoverable from him as Damages. (a) And with respect to paving, laying out, and maintaining Street paying Streets, be it enacted,
XLIII. That the following Sections of “The Public Health Sections 68 and Act, 1848,” shall be incorporated with this Act :
72 of 11 and 12 Vict. c. 63. incor
(a) See note to section 129 of the Public Health Act, post, section 127 as to the recovery of these damages.
The Section numbered 68 of the said Act; and the said Proporated with this Act.
vision shall extend to vest Trees (a.) or Shrubs planted or growTrees, &c. vested in Commissioners ing in any Carriageway, Bridleway, or Footpath under the Damaging, &c. Management of the Commissioners, in the Commissioners, and
to prohibit any Person from maliciously cutting down, pulling up, destroying, or damaging any such Tree or Shrub, under the Penalty for every Offence of a Sum not exceeding Five Pounds :
Commissioners to repair, &c.
LXVIII. And be it enacted, That all present and future Streets, (b)
being or which at any Time become Highways within any District, and the Pavements, Stones, and other Materials thereof, and all Buildings, Implements, and other Things provided for the Purposes thereof by any Surveyor of Highways, or by any Person serving the Office of Surveyor of Highways, shall vest in and be under the Management and Control of the said Local Board of Health ; and the said Local Board shall from Time to Time cause all such Streets to be levelled, paved, flagged, channelled, altered, and repaired, as and when Occasion may require, and they may from Time to Time cause the Soil of any such Street to be raised, lowered, or altered as they may think fit, and place and keep in repair Fences and Posts for the Safety of Foot Passengers; and whosoever wilfully displaces, takes up, or injures the Pavement, Stones, Materials, Fences, or Posts of any such Street, without the Consent of the said Local Board, shall be liable for every such Offence to a Penalty not exceeding Five Pounds, and a further Sum not exceeding Five Shillings for every Square Foot of the Pavement, Stones, or other Materials so displaced, taken up, or injured.
Penalties for injuries, &c. to Pavements, &c.
Also the Section numbered 72 of the said Act.
LXXII. And be it enacted, That One Month at the least before Notice to be given to Commis- any Street is newly laid out as aforesaid written Notice shall be sioners before laying out new given to the Local Board of Health, showing the intended Level Streets, who shall fix the and Width thereof; and the Level and Width of every such Street Levels and Widths thereof,
shall be fixed by the said Local Board, and it shall not be lawful subject to General Board. to lay out, make, or build upon any such Street, otherwise than
in accordance with the Level and Width so fixed, unless, upon Disapproval by the said Local Board of the Level or Width specified in such Notice, the General Board of Health shall otherwise direct; and whosoever shall lay out, make, or build upon any such Street, otherwise than in accordance with the Level and
Width fixed by the said Local Board, or approved by the said (a.) See the provision as to ornamental trees, &c. and trees in certain places, post, section 45. p. 61
(6.) The word "street" includes a “turnpike road" sec p. 4.
may alter at
(Sections General Board, shall be liable for every such Offence to a Penalty 43. 44. 45.) not exceeding Twenty Pounds for every Day during which he penalty for layshall permit or suffer such Street to continue to be so improperly contrary to
Commissioners laid out, made, or built upon; and the said Local Board
if they shall think fit, cause any such Street laid out or made at a
XLIV. That in case any present or future Street now being Power to Comor which at any Time shall become a Highway be not well and require repairproperly drained, levelled, repaired, flagged, and channelled, to paving, &c. Of the Satisfaction of the Commissioners, they may, by Notice in fectly paved. Writing to the respective Owners or Occupiers of the Premises fronting, adjoining, or abutting upon such Parts thereof as may require to be drained, levelled, repaired, flagged, or channelled, require them to drain, level, repair, flag, or channel the same within a Time to be specified in such Notice; and if such Notice In default of be not complied with, the Commissioners may, if they should ing, &c.Commisthink fit, execute the Works mentioned or referred to therein, and owner's expense. the Expenses incurred by them in so doing shall be paid by the Owners in default, according to the Frontage of their respective Premises, and in such Proportion as shall be settled by the Surveyor, or, in case of Dispute, as shall be settled by Arbitration, having regard to the Circumstances of the Case, in the Manner provided by this Act; and such Expenses may be recovered from the last-mentioned Owners in a summary Manner, or the same may be directed by Order of the Commissioners to be Private Improvement Expenses, and be recoverable accordingly: The Word Meaning of “Street” in this Section shall be confined to Streets, Rows, Ter- in this section. races, Squares, Parades, and such like Places bounded with Houses on One or both of the Sides thereof.
XLV. That the Commissioners, or any Surveyor or Officer ap- not to interfere pointed by them, shall not at any Time have Power to lop, fell,