which it is situate, is without a sufficient (d) watercloset or privy and an ashpit, furnished with proper doors and coverings, the said local board shall give notice (e) in writing to the owner (e) 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 the said local board may, if they shall think fit, cause to be constructed a sufficient watercloset or privy and an ashpit, or either of 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 (e): Provided always, that where a watercloset or privy has been and 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 (d) In every case the surveyor must determine the sufficiency of the convenience. It has been decided by the ViceChancellor, Stuart, and afterwards by the lords justices upon appeal, that a district board under the Metropolis Local Management Act, where there is a clause identical with the above, could not lay down any general rule proscribing the use of privies, and requiring waterclosets to be provided in all cases, and therefore where they had required waterclosets to be erected in the place of privies, in compliance with the general rule, and not with reference to the particular circumstances of the case, and were proceeding to erect them in default of the owner, it was held that the proceedings of the local board could not be supported. Tinkler v. Wandsworth District Board of Works, 22 Jur. 293. (e) See notes on sect. 49, ante. be so used, they need (f) not require the same to be provided for each house. Certain to be con factories, &c. LII. And be it enacted (g), that if at any time it appear to the local board of health, upon the waterclosets report of the surveyor, that any house is used or structed in intended to be used as a factory or building in which 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 (h) 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 (i) number of waterclosets or privies for the separate 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 (k). (f) It will be observed that the previous part of the section required the local board to require a sufficient watercloset or privy to be made, and therefore though this proviso removes that compulsion in this particular case, it does not prevent them from making the requisition when they think proper to do so. (g) Though the previous section applies to such a house as is herein described, it only required a sufficient watercloset to be supplied. In this section separate privies are required for the different sexes. (h) As to service and authentication of notice, see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61. (i) The local board may properly specify the number which they think sufficient, but their decision will not conclude the question, if the owner construct what he considers sufficient, and the magistrate or jury, as the case may be, shall concur. (k) As to the recovery of these penalties, see sect. 129, post. Notice of building and rebuilding to levels of houses, privies, &c. [LIII. ** And be it enacted (i), that, fourteen days at the least before beginning to dig or lay out the foundations of or for any new house (k), or to situation of rebuild any house pulled down to the extent aforesaid (1), the 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, or 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 (i) Repealed by 21 & 22 Vict. c. 98, s. 34, which enables the local board to make byelaws as to these matters. (k) It has been decided that this word applies to a toll house on a turnpike road. Where plans were given as to a new toll house to be built by trustees of a turnpike road, with privy and cesspool, and sanctioned by a local board of health, but the trustees afterwards built their privy and cesspool in a place not sanctioned by the board, it was held by the Court of Queen's Bench that the trustees were properly convicted of a penalty under this section, their local Act, under which they were enabled to build the toll house, not conflicting in this respect with the Public Health Act. Tunstall Turnpike Road Trustees v. Lowndes, 20 J. P. 374. (1) In sect. 51, ante. 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 hereinafter 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. **] to provide water closets, LIV. And be it enacted, that the local board of Local board health shall see and provide that all drains (m) what- that drains, soever, and the waterclosets, privies, cesspools, and &c. do not ashpits within their district, are constructed and kept nuisance. so as not to be a nuisance or injurious to health (n); And the surveyor may, by written authority of the said local board (0), (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 (p) in writing, or in case of emergency (4) without notice, to the occupier of the premises to which such drain, watercloset, privy, cesspool, or (m) See in sect. 2, ante, the meaning of this word, which is confined to private buildings. (n) See the provisions of the Nuisances Removal Act, 1855, in the Appendix. (0) See in sect. 149, post, the requisites as to this authority. (P) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices from the local board. (4) It is not clear who is ultimately to decide whether the case be one of emergency, but the local board must do so in the first instance. become a 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, cesspool, or ashpit appear to be in bad order and condition, or to require alteration or amendment, he shall cause the ground to be closed (a), and the said local board shall cause notice in writing (b) to be given to the owner or occupier of the premises upon or in respect of which the examination was made, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works; And if such notice 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 (c), and the said local board may, if they shall think fit, execute such works, and the expenses incurred by them in so doing shall be recoverable by them from the owner (d) in a summary manner (e), or by order of the said (a) See 21 & 22 Vict. c. 98. s. 33, post, which dispenses with the necessity of closing the ground before the works are done. (b) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices. (c) See sect. 129, post, as to the recovery of this penalty. |