in certain Situations. Nor entrances, &c. to certain private estates or (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, Pittville, Bays Hill, and Lypiatt's Estates, or in Charlton Park, nor to remove or alter any Pier, Gate, or other Erection or Building at the respective Entrances thereto, nor to fell, cut, take down, or 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, or 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. trees, &c. except when obstructing highway. Section 69 of 11 and 12 Vict. c. with this Act. If any Street within the Meaning of the said Section be may compel Parties liable to sewer or repair the same. 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 Occupiers of Premises fronting, adjoining to, or abutting on such Street, be not sewered, flagged, levelled, channelled, paved, or not sewered or repaired to the Satisfaction of the Commissioners, the CommisCommissioners sioners shall cause a written Notice, specifying the Works required, 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 said Section of the Public Health Act; and if, from the Default of the Proprietor of such Street to do such Works, the Owners chanpave, 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 If owners of premises repair fault of pro or sewer in de- deduct expenses from Rentcharges. (Section 46.) owners may expenses from Exception as to were reserved for the Repair or Use and Repair of Streets, then 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 the 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 If Commissioners 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 the Public Health Act no Proprietor of a Street, nor any Owners tagging, te 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: Provided also, that where the Proprietor of a Street is not liable to make or keep in repair the Flagging, Footpaving, or Channelling 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. certain footways. If proprietor of street not liable charges not to to repair, Rent be deducted. Surveyor to expenses. rentcharges not (Secs. 46.47) 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. Section 70 of 11 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. XLVII. That the Section numbered 70 of "The Public Health 63 incorporated Act, 1848," shall be incorporated herewith: and 12 Vict. c. with this Act. Certain Streets not Highways to be deemed such, and repaired by Commissioners. Proprietor may object. As to Notices to be given of pri LXX. And be it enacted, That if any present or future Street, not being a Highway at the Time when this Act is applied to the District in which it is situate, be sewered, levelled, paved, flagged, 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 a Highway, and thereupon the same shall become a Highway, and be from Time to Time repaired by them out of the Rates levied in that Behalf under the Authority of this Act; and 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. Provided always, that the Notice by the Commissioners therevate Streets be- in mentioned shall be put up for Seven consecutive Days at both Ends of the Street, and shall also be advertised Twice consecu ing made Highways. in or Proprietors may object to its way. tioning Road Rent when the tively in some Newspaper published and circulated in the Bo- (Section 47.) rough; 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 Street 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 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 sion. of the Part of the Rentcharge so assigned thereto shall be made between the Part newly dedicated and the Part still remaining of Road Rents the Roads re main private. quent Subdivi (Secs. 47.48) Alienated Road Rents not subject to deduction. Certain Private Streets declared public. of portions of Rentcharges. private, in like Manner, and so toties quoties: Provided also, that 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 Purposes herein-before mentioned. XLVIII. And whereas it would be of great public Advantage that the private Streets specified in the Schedule (F.) hereto annexed 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, notwithstanding such Dedication, the full Amount of the Rentcharges reserved or payable from or in respect of any 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, nevertheless, 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 certain Rent charges. |