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And the said local board may, if they shall think fit, cause any such street laid out or made at a . level or width otherwise than in accordance with the level and width so fixed or approved as aforesaid, or any building built in any such street otherwise than in accordance with such level and width, to be altered in such manner as the case may require, and the expenses incurred by them in so doing shall be repaid to them by the offender, and be recoverable from him in a summary manner (b):
Provided always, that if no such level or width be fixed, and no approval or disapproval of the level or width proposed be signified by the said local board within one month from the last-mentioned notice, the intended street may be laid out and made upon the level and of the width specified in such notice, if the same be otherwise in accordance with the other provisions of this Act. ** ]
LXXIII. And be it enacted, that the said local Local board board may, by agreement, purchase any premises chase prefor the purpose of widening, opening, enlarging, or order to otherwise improving any street, and any part of the room the premises so purchased which shall not be wanted for that purpose shall be resold at the best price that can be gotten for the same, and the proceeds of such resale shall be carried to the district fund account hereinafter mentioned (c).
(6) See sect. 129, post.
The 12 & 13 Vict. c. 94, s. 8, reciting that it is expedient that Local boards the local boards of health for the execution of the Public of health Health Act, 1848, should be invested with certain powers not for lighting. included in that Act, enacted,“ that the said local boards constituted under the said Public Health Act may contract for any period not exceeding three years at any one time with
Local board may provide places of
Public Pleasure Grounds.
of health, (with the approval of the said general board creation, &c. of health (c),] may provide, maintain, lay out, plant,
and improve premises for the purpose of being used
Supply of Water.
of health may provide their district with such a water, and supply of water as may be proper and sufficient for vaterworks,
the purposes of this Act and for private use to the extent required by this Act;
And for those purposes or any of them the said local board may from time to time, (with the approval of the general board of health (C),] contract with any person whomsoever, or purchase, take upon lease, hire, construct, lay down, maintain such water
Local board to provide sufficient supplies of
any company or person for the supply of gas or oil, or other means of lighting the streets, roads, and other open places, markets, and public buildings within their respective districts, and may provide such lamps, lamp posts, and other materials and apparatus as such local boards respectively may think necessary for lighting the same; and the expenses incurred by any such local board in so doing shall be defrayed out of the general (or special] (1) district rates (as the nature of the case may require) levied under the said Public Health Act.” This is taken from 10 & 11 Vict. c. 34, s. 119. See also the provision in 21 & 22 Vict. c. 98, s. 46, post.
(c) Not now to be obtained. It is dispensed with by 21 & 22 Vict. c. 98.
(d) This clause will be found greatly to aid the measures which are now frequently adopted for the establishment of parks adjoining populous towns. See also 10 & 11 Vict. c. 34, 8. 135.
The statutes which provide for the procuring of public libraries and public museums are 8 & 9 Vict. c. 13, and 13 & 14
(1) No special district rate can be levied since 21 & 22 Vict.c. 98, s. 54.
be kept con
works, and do and execute all such works, matters, and things as shall be necessary and proper;
And any waterworks company may contract with the local board of health to supply water for the purposes of this Act in any manner whatsoever, or may sell and dispose of or lease their waterworks to any local board of health willing to take the same (@);
And the said local board may provide and keep In case of in any waterworks constructed or laid down by them under the powers of this Act a supply of pure and by alocal wholesome water, and the water so supplied may be water may constantly laid on at such pressure as will carry stantly under the same to the top story of the highest dwelling house within the district supplied :
Provided always, that before constructing or Local board laying down any waterworks under the powers of this Act within any limits within, for, or in respect any waterof which any waterworks company shall have been works comestablished for supplying water, the said local board their district shall give notice in writing (f) to every waterworks willing to company within whose limits the said local board upon terms. may be desirous of laying on or supplying water, stating the purposes for and (as far as may be practicable) the extent to which water is required by the said local board ;
And it shall not be lawful for the said local board to construct or lay down any waterworks within such
not to construct waterworks, &c. if
Vict. c. 65, which, however, have been repealed and superseded by 18 & 19 Vict. c. 70, intituled “An Act for further promoting the Establishment of Public Libraries and Museums in Municipal Towns, and for extending it to Towns governed under Local Improvement Acts, and to Parishes.”
(e) Refer to the provisions in 10 & 11 Vict. c. 34, ss. 122, 123, incorporated by 21 & 22 Vict. c. 98, s. 45, and see sect. 53, extending the powers of companies to sell.
(f) See sect. 150, post, and 21 & 22 Vict. c. 98, s. 61, as to the service and authentication of notices.
limits, if and so long as any such company shall be able and willing to lay on water proper and sufficient for all reasonable purposes for which it is required by the said local board, [and (e) upon such terms as shall be certified to be reasonable by the general board of health, after inquiry and report by a superintending inspector in this behalf, or (in case such company shall be dissatisfied with such certificate)] upon such terms as shall be settled by arbitration in the manner provided by this Act (f);
And in case any difference shall arise as to whether the water which any such company is able and willing to supply or lay on is proper and sufficient for the purposes for which it is required by the said local board, or whether the purposes for which it is required are reasonable, the same shall be settled by arbitration in the manner provided by this Act ($).
LXXVI. And be it enacted (g), that if upon the that houses report of the surveyor (h) it appear to the local he supplied with water, board of health that any house is without a proper
supply of water, and that such a supply of water can be furnished thereto at a rate not exceeding twopence per week, the said local board shall give notice in writing (i) to the occupier (k), requiring him, within a time to be specified therein, to obtain such supply, and to do all such works as may be necessary for that purpose;
Local board may require
&c, in certain cases.
(e) This condition has ceased. The local board and the company must therefore agree upon the terms or refer the question to arbitration.
(J) See sect. 123, post.
(9) See the additional powers granted to the local board in regard to water supply in 21 & 22 Vict. c. 98, s. 51, post.
(h) See sect. 2, ante.
And if such notice be not complied with the said local board may, if they shall think fit, do such works and obtain such supply accordingly, and make and levy water rates upon the premises, not exceeding in the whole the rate of twopence per week, in manner hereinafter provided (), as if the owner or occupier of the premises had demanded a supply of water, and were willing to pay water rates for the same;
And the expenses incurred by them in doing such works as last aforesaid shall be private improvement expenses, and be recoverable as such in the manner hereinafter provided (m).
or trading or
LXXVII. And be it enacted, that the local board water for
public baths of health may, if they shall think fit, supply water from any waterworks purchased (n) or constructed manufac
turing pur• by them under this Act to any public baths or wash- poses. houses (6), or for trading or manufacturing purposes, upon
such terms and conditions as may be agreed (p) upon
between the said local board and the persons desirous of being so supplied.
LXXVIII. And be it enacted, that the local Maintenance board of health may (9) cause all existing public struction of ouner only, and therefore requires him to be served with the notice.
(1) See sect. 93, post.
(m) See note (e) on sect. 49, ante, and sect. 103, post, and as to appeal against this order, sect. 120.
(n) Under sect. 75. See further 21 & 22 Vict. c. 98, s. 53.
(o) The Acts relating to public baths and wash-houses are 9 & 10 Vict. c. 74, and 10 & 11 Vict. c. 61. See 21 & 22 Vict. c. 98, s. 47, post, and the Acts in the Appendix.
(p) Those terms should be clearly set out in writing in the form of a regular contract.
(9) There is a difference in the language used in the two parts of this clause, and this difference leads to a reasonable interpretation that the local board must maintain existing public