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and the Proprietor and Occupier for the Time being of the said Land on either Side of the said Road shall have the Use of the same Road at all Times and for all Purposes; the Quickset Hedges herein-before specified to be protected by Wooden Posts
and Rails until the same be grown up : Tanks, &c. to be The aforesaid Tanks to be covered Tanks, and no open Tank or covered, &c.
Reservoir to be allowed at any Time; and the best and most effectual Means shall be taken by the Commissioners at all Times to prevent Nuisance and Annoyance to the adjoining Land belonging to the same Proprietors respectively, and the Owners and Occupiers thereof for the Time being; and the Soil taken out of the Tanks and placed upon the Land to be purchased to be removed therefrom from Time to Time by the Commissioners with
all practicable Expedition. Power to Com- XXXVI. That the Commissioners shall make all proper Sewers construct Branch and Drains to communicate with the said intended Main Sewers,
and stop up the present Outlet of the Main Sewers of the Cheltenham Sewers Company, and any other Sewers or Drains which at present open or discharge their Contents into the said Brook or River Chelt, Wyman's Brook, and Hatherley Brook, or either of them, and shall divert the Course thereof, and make new Outlets thereto, so that the same shall open or discharge their Contents mediately or immediately into one or other of the said intended Main Sewers or Tanks as completely and effectually as they are now discharged into the said Brooks; and as well for the Purpose of the aforesaid Works as for making any Communication whatever at any Time or Times hereafter to the said intended Main Sewers, the Commissioners may lay or carry any Trunks, Syphons, or Pipes across, under, or over the said Brooks :
Provided, that if at any Time hereafter it shall appear that the Provisions for
Sewers and Works of the Commissioners hereby authorized are Bewers Company. not sufficient to allow good and sufficient Outlets for the Drain
age and Sewerage of the Main Sewer of the Cheltenham Sewers Company, then the Commissioners shall make and execute further and other Sewers, Drains, and Works, so as to allow the Main Sewer of the said Company to communicate with and discharge its Contents through the Main Sewers of the Commissioners, and effectually to carry off the Drainage and Sewerage from the Sewers of the said Company; and that during the Progress of such new or further Works adequate Means shall be provided by the Commissioners for the Discharge of the Sewerage of the
Sewers are constructed.
Company at the Outlet of their Main Sewer; and if any Ques- Questions to be
(Secs. 36.37) tions shall arise between the Cheltenham Sewers Company and relation by Arbithe Commissioners as to the Sufficiency and Efficacy of the Works of the Commissioners for effecting the Purposes of Drainage and Sewerage as aforesaid, or as to the Construction of new or further Works for the Purpose, the Question shall be referred to Arbitration in the Manner provided by the Public Health Act, 1848, with respect to the Settlement of Disputes by Arbitration. (a.)
XXXVII. That if at any Time after a Main or other Sewer is Penalty for made, instead of either of the said Brooks, any Person shall Brooks after sewer or drain, or cause or permit to be sewered or drained, any Premises into any Part of such Brooks (6.) whereunto or along which such Main or other Sewer shall extend, or in any Manner
, pollute or contaminate the Waters of the same Part of such Brooks, he shall for every Day during which or any Part of which such sewering or draining, Pollution or Contamination continues, forfeit a Penalty not exceeding Forty Shillings:
And it shall be lawful for the Cheltenham Sewers Company Power for the established by the aforesaid Local Act of the Third Year of King Sewers Company William the Fourth to cause any of their present or future Main munications with Sewers to open and discharge their Contents into any of the Commissioner s. Main Sewers of the Commissioners made in lieu of the Brooks, and for that Purpose at all Times to make such Communications as may be proper and requisite, and from Time to Time to repair and amend the same, the said Sewers Company giving to the Commissioners Six Days Notice in Writing of their Intention to make or alter any such Communication, and describing in such Notice, or by some Plan annexed thereto, the Mode in which such Communication or Alteration is proposed to be made, and the said Company making the same to the Satisfaction of the Commissioners Surveyor, and the said Company also making good any Damage which may thereby be occasioned to any of the Sewers or Works of the Commissioners : Provided always, that no Communication or Alteration shall be required by the said Company which would prevent the Sewage from flowing as freely and conveniently as usual along the Sewers of the Commissioners.
(a.) These provisions are all incorporated by section 126 of this Act, post. (5.) See the 7th section of the Nuisances Removal Act, post, appendix No. 3, prohibiting future drainage into open ditches, watercourses, &c. " so as to be a nuisance or injurious, &c."
Penalty on throwing Rubbish, &c. into Sewers or Brooks,
XXXVIII. That it shall be lawful for the Commissioners from 38. 39. 40.) Power to cleanse Time to Time to cleanse the said Brook or River Chelt, Wyman's
Brook, and Hatherley Brook, and any other Brook, Rivulet, or
XXXIX. That if any Person shall lay or throw into any Sewer of the Commissioners any Cinders, Ashes, Bricks, Stone, Earth, or hard Rubbish, or shall lay or throw into any of the said Brooks any Ashes, Rubbish, Dust, Filth, or Annoyance whatsoever, he shall forfeit to the Commissioners a Sum not exceeding Forty Shillings for every such Offence.
XL. That in case any private Sewer (meaning thereby any of
the Sewers saved from vesting in the Commissioners, other than to repair private the Sewers of the Cheltenham Sewers Company,) requires to be
cleansed, reconstructed, or repaired, the Commissioners shall cause a written Notice requiring the Proprietor of such Sewer (by Name or Description) to do the Works required within a Time to be fixed, and containing an Estimate of the Expense of executing such Works, to be advertised twice consecutively in some News
paper published and circulated in the Borough; and in case the And to Repair on Proprietor of such Sewer shall refuse or neglect to comply with neglecting.
such Notice, the Commissioners shall execute the required Works,
and if the Expenses incurred by them in so doing be not forthExpenses of. with repaid by the Proprietor of such Sewer, they shall be declared
Private Improvement Expenses, to be defrayed by a Rate to be levied on the Owners and Occupiers of the Premises in the Street
or Part of the Borough which the Commissioners deem benefited Deduction from by the Works executed ; and in case such Owners or Occupiers
be liable to the Payment to the Proprietor of such Sewer of any Rentcharges for the Repair or Use and Repair of Sewers, they shall be entitled to deduct therefrom the Contribution following; that is to say, if such Rentcharges were reserved separately
Power to Com. missioners to give notice to Proprietor, &c.
(Secs. 40.41) for the Repair or Use and Repair of Sewers, then the whole of such Rentcharges respectively may be deducted ; if such Rentcharges were reserved for such Purpose jointly with some other Purpose, such as the Repair of private Roads, then One Half Part of such Rentcharges respectively may be deducted ; and if such Rentcharges were reserved for such Purpose jointly with several other Purposes, such as the Repair of Roads and the Maintainance of Pleasure Grounds, then One Tenth Part of such Rentcharges respectively may be deducted, until such Owners or Occupiers be thereby repaid the Rate levied upon them for such Works as aforesaid : Provided always, that were any Ground Except when Rent or Rentcharge originally reserved and made payable for the alienated. Repair or Use and Repair of a Sewer has been alienated, with the Consent of the Party liable to the Payment thereof, free and discharged from all Rights, Claims, and Demands for or in respect of such Repairs, the same shall not thereafter be subject to Deduction for any of the Purposes herein mentioned, anything to the contrary notwithstanding.
And with respect to the Drainage of Houses, be it enacted,
XLI. That the following Sections of “The Public Health Act, sections 49 and 1848,” shall be incorporated with this Act:
The Section numbered 49 of the said Act :
to be built with
XLIX. And be it enacted, That it shall not be lawful newly to erect No new House
any House, or to rebuild any House which may have been pulled out Drains, &c. down to or below the Floor commonly called the Ground Floor, or to occupy any House so newly-erected or rebuilt, unless and until a covered Drain or Drains be constructed, of such Size and Materials, and at such Level, and with such Fall as upon the Report of the Surveyor shall appear to be necessary and sufficient for the
proper and effectual Drainage of the same and its Appurtenances; and if the Sea, or a Sewer of the Local Board of Health, or a Sewer which they are entitled to use, be within One hundred Feet of any part of the Site of the House to be built or rebuilt, the Drain or Drains so to be constructed shall lead from and communicate with such One of those Means of Drainage as the said Local Board shall direct, or if no such Means of Drainage be within that Distance, then the last-mentioned Drain or Drains shall communicate with and be emptied into such covered Cesspool or other Place, not being under any House, and not being within such Distance from any House, as the said Local Board shall direct; and whosoever erccts or rebuilds any House Penalty.
may, upon Report of
any House is without a Drain, order One to be
any Drain contrary to this Enactment shall be liable for every such Offence to a Penalty not exceeding Fifty Pounds, which may be recovered by any Person, with full Costs of Suit, by Action of Debt; and if at any Time, upon the Report of the Sur
appear to the said Local Board that any House, whether Commissioners. built before or after the Time when this Act is applied to the Dis
trict in which it is situate, is without any Drain, or without such Surveyor that
a Drain or Drains communicating with the Sea or a Sewer as is
or are sufficient for the proper and effectual Drainage of the same constructed, &c.
and its Appurtenances, and if the Sea, or a Sewer of the said Local Board, or a Sewer which they are entitled to use, be within One hundred Feet of any Part of such House, they shall cause Notice in Writing to be given to the Owner or Occupier of such House, requiring him forthwith, or within such reasonable Time as shall be specified therein, to construct and lay down, in connexion with such House and One of those Means of Drainage, One or more covered Drain or Drains, of such Materials and Size, at such Level, and with such Fall as upon the last-mentioned Report shall
appear to be necessary; and if such Notice be not complied with the said Local Board may, if they shall think fit, do the Works mentioned or referred to therein, 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 reExpense.
coverable as such in manner hercin-after provided.
Provided nevertheless, that no Person about to erect or rebuild excepted sewers, any House who shall effectually drain such House into any of
the Sewers excepted in Section 43 (a.) of “The Public Health Act, 1848," to the Satisfaction of the Commissioners Surveyor, shall be compelled to drain into any of their Sewers or any Sewer which they are entitled to use : Provided also, that if the Owner or Occupier of any House, whether built before or after the passing of this Act, which is without proper and effectual Drainage, shall effectually drain the same into any of the Sewers herein-before excepted, to the Satisfaction of the Commissioners Surveyor, he shall not be compelled to drain into any of their
Sewers or any Sewer which they are entitled to use : Penalty on Per
Also the Section numbered 51 of the said Act :
In default construct it.
Proviso for drainings into
sons erecting Houses without Waterclosets, &c. Commissioners mar, upon Re. port of Surveyor, order Waterclo.
LI. And be it enacted, That it shall not be lawful newly to erect
any House, or to re-build any House pulled down to or below the Floor commonly called the Ground Floor, without a sufficient
(n.) Incorporated with this Act by section 32 ante, page 46.