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ornamental trees, &c. except when
and 12 Vict. c.
with this Act.
(Secs. 45.46) with Trees, &c. cut, take down, alter, or remove, or otherwise interfere with any
Tree or Shrub, or any Hedge, Fence, or Gate, adjoining to or by the side of any Carriage Road, Footpath, Plantation, or Garden in any of the following Places, namely, the Promenade, Imperial
Square, Vittoria Walk, and the Montpellier, Lansdown, Christchurch, Nor entrances, Pittville, Bays Hill, and Lypiatts Estates, or in Charlton Park, nor private estates or to remove or alter any Pier, Gate, or other Erection or Building
at the respective Entrances thereto, nor to fell, cut, take down, or obstructing
remove any ornamental Tree or Shrub by the Side of any Street within the Borough, unless such Tree or Shrub in either of the said Cases shall be, or such Hedge, Fence, cr Gate shall be, an Obstruction to Passengers or Carriages passing along a Highway, nor until the Owner thereof, or his Agent, have received Notice in Writing from the Commissioners to remove such Obstruction within a Time to be fixed, not exceeding Ten Days, and have
made Default in compliance with such Notice. Section 69 of 11 XLVI. That the Section numbered 69 of “The Public Health 63. incorporated Act, 1848,” shall be incorporated with this Act; and in case
any private Street (meaning thereby any Street within the Meaning of the said Section 69 of the Public Health Act), and being a Street for the Repair or Use and Repair of which any
Rentcharges are reserved or made payable by the Owners or If any Street
Occupiers of Premises fronting, adjoining to, or abutting on such Meaning of the Street, be not sewered, flagged, levelled, channelled, paved, or kepe'in repair, repaired to the Satisfaction of the Commissioners, the CommisCommissioners sioners shall cause a written Notice, specifying the Works reSewer of repairo quired, and containing an Estimate of the Expense of executing
the same, and requiring the Proprietor (by Name or Description) of such Street to execute the same within a Time prescribed, and providing that in case such Proprietor refuse or neglect to execute such Works, then the Owners of such Premises shall do the same within a further Time to be allowed for that Purpose, to be put up for Seven consecutive Days at both Ends of the Street, and advertised Twice consecutively in some Newspaper published and circulated in the Borough, as well as to be given
to the Owners or Occupiers of such Premises, according to the If owners of said Section of the Public Health Act; and if, from the Default or sewer in de- of the Proprietor of such Street to do such Works, the Owners prietor, they may of such Premises shall themselves sewer, flag, level, pave, chan
nel, or repair such Street as required by such Notice, it shall be lawful for them to deduct from the Rentcharges payable by them the Contribution following; that is to say, if such Rentcharges
Parties liable to
deduct expenses from Rentcharges.
were reserved for the Repair or Use and Repair of Streets, then (Section 46.) ) the whole of such Rentcharges may be deducted annually, until the Expenses of such Owners in executing such Works be repaid ; if such Rentcharges were reserved for such Purpose jointly with some One other Purpose, such as the Repair of private Sewers, then One Half of such Rentcharges may be deducted annually, until such Expenses be repaid ; and if such Rentcharges were reserved for such Purpose jointly with several other Purposes, such as the Repair of Sewers and Maintenance of Pleasure Grounds, then One Fifth of such Rentcharges may be deducted for Space of Three Years; and in the last-mentioned Case the Residue, if any, of such Expenses not repaid by such Deduction shall be borne by the Owners of such Premises, under the Provisions of the said Act; and the Certificate of the Commissioners Surveyor shall be satisfactory Proof of the Amount of such Expenses ; and if the Commissioners execute the Works or any of them, and the Expenses be recovered from such Owners repair, &c. summarily, or by way of Improvement Expenses under the said similarly deduct Public Health Act, then such Owners may similarly deduct the Rentcharges. Contributions aforesaid from the Rentcharges payable by them as aforesaid : Provided always, that under the said Section 69 of
Exception as to the Public Health Act no Proprietor of a Street, nor any Owners are in
certain footways. or Occupiers of Houses therein, shall be required to execute Works of Flagging, Footpaving, or Channelling on any Footway in front of or abbutting on the Area of any Square or other like detached Lawn or Pleasure Ground appropriated to the common Enjoyment of the Owners or Occupiers of divers Dwelling Houses, and not being Part or Parcel of the Land or Premises attached or belonging to such Dwelling House : Pro- if proprietor of vided also, that where the Proprietor of a Street is not liable to street not liable make or keep in repair the Flagging, Footpaving, or Channelling besar de tento thereof, no Deduction from the Rentcharges payable by Owners of Premises therein to him shall be made for Works of that Description ; and in case of Doubt as to what Portion of the Expenses of putting the Street in good Condition belongs to such settle doubts as to Works, the Amount thereof shall be settled and ascertained by the Commissioners Surveyor : Provided also, that where any Certain alienated Rentcharge originally reserved and made payable for the Repair to be deducted. or Use and Repair of any Street has been alienated, with the Consent of the Party liable to the Payment thereof, free from any Demands for such Repairs, the same shall not thereafter be subject to Deduction in manner or for any of the Purposes herein-before mentioned.
Power to require paving, &c. of private Streets by owners and occupiers.
On default Commissioners may execute work, &c. at the expense of owners of Premises.
LXIX. And be it enacted, That in case any present or future Street,
or any Part thereof, (not being a Highway,) be not sewered, levelled, paved, flagged, and channelled to the Satisfaction of the Local Board of Health, such Board may, by Notice in Writing to the respective Owners or Occupiers of the Premises fronting, adjoining, or abutting upon such Parts thereof as may require to be sewered, levelled, paved, flagged, or channelled, require them to sewer, level, pave, flag, or channel the same within a Time to be specified in such Notice; and if such Notice be not complied with the said Local Board may, if they shall think fit, execute the Works mentioned or referred to therein; and 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 all 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 declared by Order of the said Local Board to be Private Improvement Expenses, and be recoverable as such in the Manner herein-after provided.
Section 70 of 11
XLVII. That the Section numbered 70 of "The Public Health and 12 Vict. c. 63 incorporated Act, 1848,” shall be incorporated herewith : with this Act. Certain Streets LXX. And be it enacted, That if any present or future Street, not not Highways to be deemed such, being a Highway at the Time when this Act is applied to the Disand repaired by trict in which it is situate, be sewered, levelled, paved, flagged, Commissioners.
and channelled to the Satisfaction of the Local Board of Health, the said Local Board may, if they shall think fit, by Notice in
Writing put up in any Part of the Street, declare the same to be Proprietor may
a Highway, and thereupon the same shall become a Highway, object.
and be from Time to Time repaired by them out of the Rates levied in that Behalf under the Authority of this Act;
every such Notice shall be entered amongst the Proceedings of the said Local Board : Provided always, that no Street shall become a Highway as last aforesaid if within One Month after Notice in Writing shall have been put up as last aforesaid the Proprietor of such Street, or the Person representing or entitled to represent such Proprietor, shall by Notice in Writing to the said Local Board object thereto.
As to Notices to be given of pri
Provided always, that the Notice by the Commissioners thererate Streets he- in mentioned shall be put up for Seven consecutive Days at both ing made High
Ends of the Street, and shall also be advertised Twice consecu(Section 47.) tively in some Newspaper published and circulated in the Borough; and in the Proviso to such Section the Words “Two Months” shall be substituted for the Words “One Month," and the Words “and given by Advertisement as aforesaid” shall be read as Part of the same Section after the Words “put up as last aforesaid :" Provided also, that no Street shall become a Owners of Houses Highway, under the Provisions of the said Public Health Act, if of a Private Street within Two Months after Notice shall be put up by the Com- becoming a Highmissioners the Proprietor of such Street, or Two Thirds of the Owners of Premises fronting, adjoining, or abutting upon such Street (or the known Agents of such Owners), in Value on the Borough Rate, if any, or otherwise the Poor Rate, shall by Notice in Writing to the Commissioners object thereto: Provided Rule as to apporalso, that when any Street becomes a Highway the Proportion Kere becomes following of the Rentcharges or Sums of Money, if any, reserved public. and made payable for its Repair, or for its Use and Repair, shall, except as to Arrears, cease to be payable ; that is to say, if such Rentcharge were reserved separately for the Repair or Use and Repair of Streets, then Two Thirds of such Rentcharge shall cease; if such Rentcharge were reserved jointly for the Repair or Use and Repair of Streets and some one other Purpose, then Half of such Rent charge shall cease; and if such Rentcharge were reserved jointly for the said Purpose and several other Purposes, then One Fifth of such Rentcharge shall cease ; but the Remainder of such Rentcharge shall, subject to any Lien thereon under these Provisions, continue payable, and the Person to whom it is payable shall thereafter have and retain the Remedies for its Recovery which he would have for the whole of such Rentcharge if this Act had not been passed : Provided also, that where any Rentcharge Rule for Division hath been reserved or made payable for the Repair or Use and Re- where some of pair of the Street declared public as aforesaid in common with any main private. other Street not declared public, a Division of such Rentcharge shall be made by the Commissioners Surveyor according to the relative Measurement of the Street so declared public and the Street or Streets remaining private, and out of the Part of such Rentcharge assigned by the Surveyor to the Street so declared public, such proportional Deduction of Two Thirds, One Half, or One Fifth respectively (as the Case may be) shall be made as aforesaid ; and in case of subsequent Dedication of Part only of and for subsethe Street or Streets which so remained private, a Subdivision Son. of the Part of the Rentcharge so assigned thereto shall be made between the Part newly dedicated and the Part still remaining
of portions of
Alienated Road private, in like Manner, and so toties quoties : Provided also, that Rents not subject
where any Rentcharge originally reserved and made payable for the Repair or Use and Repair of any Street has been alienated, with the Consent of the Party liable to the Payment thereof, free from any Demands for such Repairs, the same shall not thereafter be subject to Deduction in manner or for any of the Pur
poses herein-before mentioned. Certain Private XLVIII. And whereas it would be of great public Advantage Streets declared public. that the private Streets specified in the Schedule (F.) hereto an
nexed should be immediately dedicated to public Use, and the said Streets are well and sufficiently drained, levelled, paved, and channelled: Be it therefore enacted, That after the passing of
this Act all the said Streets shall become and be Highways, and be Rule as to cesser repaired as such by the Commissioners : Provided always, that; Rentcharges. notwithstanding such Dedication, the full Amount of the Rentcharges reserved or payable from or in respect of
Houses or Land, wherever situate, solely for the Use and Repair or for the Use or towards the Repair of the said Streets or any of them, and due or payable on or before the First Day of January One thousand eight hundred and fifty-three, shall be paid to the Persons entitled thereto, and afterwards Two Thirds of such Rentcharges, except as to past Arrears, shall cease to be payable, but the remaining One Third of such Rentcharges shall continue payable, free from and clear of all Deductions and Liabilities whatsoever, for or towards the Repairs of such Streets; and the Persons entitled to receive the same, or to whom the same are payable, shall have and retain all and every the Remedies for the Recovery of such One Third Part of the said Rentcharges which they would have had for the Recovery of the whole thereof if this Act had not been passed ; and that where certain Sums of Money have been used to be paid by Owners or Occupiers of Premises, in lieu of their contributing towards or bearing or paying a Share or Proportion of the Expense of keeping the said Streets or any of them in repair, which they were liable to under any Deed, Surrender, or
other legal Obligation, the same Payments shall be deemed RentReservation of charges within the Meaning of this Provision : Provided, nevercharges.
theless, that any Rentcharge specifically reserved for the Use only of the said Streets or any of them, and in the Reservation or Grant whereof it shall have been provided that the same is to be paid irrespective of the Repairs of the said Streets, or to be paid whether the said Streets shall be in repair or not, then such Rentcharge shall continue payable unaffected by the Provision