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Every local board may make byelaws (h) with visions respect to the following matters; (that is named to be to say,) (1.) With respect to the level, width, and construc

tion of new streets, and the provisions for the
sewerage thereof (i);

pre

(2.) With respect to the structure of walls of new
buildings (k) for securing stability and the
vention of fires (1);
(3.) With respect to the sufficiency of the space

about buildings to secure a free circulation of

air, and with respect to the ventilation of
buildings (m);

1 (4.) With respect to the drainage of buildings (n),
to waterclosets, privies, ashpits, and cesspools
in connexion with buildings, and to the closing
of buildings or parts of buildings unfit for
human habitation, and to prohibition of their
use for such habitation:

And they may further provide for the observance of the same by enacting therein such provisions as they think necessary,

As to the giving of notices,

As to the deposit of plans and sections by

(h) See, as to byelaws and their confirmation by the secretary of state, 11 & 12 Vict. c. 63, s. 115, ante, p. 170, and as to the enforcement thereof, sect. 129, ante, p. 184, and the forms lately circulated by the secretary of state.

(i) See, as to the making of new streets, 10 & 11 Vict. c. 34, ss. 57, 58, 63.

(k) See the conclusion of the clause for an explanation of what is to be deemed a new building.

(7) As to the provisions for the prevention of fire, see 10 & 11 Vict. c. 34, ss. 109, 124.

(m) As to the ventilation of buildings, see 10 & 11 Vict. c. 34, ss. 110-115.

(n) See the provisions in 10 & 11 Vict. c. 34, ss. 35--46.

instead.

When houses taken down,

local board

line in which

persons intending to lay out streets or to construct buildings,

As to inspection by the local board,

And as to the power of the local board to remove, alter, or pull down any work begun or done in contravention of such byelaws :

Provided always, that no such byelaw shall affect any building erected before the date of the constitution of the district (a):

But for the purposes of this Act the reerecting of any building pulled down to or below the ground floor, or of any frame building of which only the frame-work shall be left down to the ground floor, or the conversion into a dwelling house of any building not originally constructed for human habitations, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only, shall be considered the erection of a new building.

POWERS FOR REGULATION OF BUILDINGS.

XXXV. When any house (b) or building has been taken down, in order to be rebuilt or altered, may prescribe the local board may prescribe the line in which any house or building to be hereafter built shall be erected, and the same shall be erected in accordance therewith;

same shall

be rebuilt.

And the local board shall pay or tender compensation to the owner (c) or other person immediately

(a) See ante, sect. 20, p. 246.

(b) See in 11 & 12 Vict. c. 63, s. 2, ante, p. 33, the definition of a house, and as to this provision generally, see 10 & 11 Vict. c. 34, s. 68.

(c) See the definition of this word, 11 & 12 Vict. c. 63, s. 2, ante, p. 29.

interested in such house or building for any loss or damage he may sustain in consequence of his house or building being set back, the amount of such compensation, in case of dispute, to be settled in the same manner (c) as compensation for land to be taken under the provisions of "The Lands Clauses Consolidation Act, 1845," is directed to be settled;

And all the provisions of the said last-mentioned Act relating to the purchase of lands shall apply to the payment made for such loss or damage as if it were a purchase under such Act.

premises for

making new

XXXVI. The local board may, with the sanction Local board of one of Her Majesty's principal secretaries of may purchase state (d), purchase any premises for the purpose of purpose of making new streets, and shall have with regard to streets. premises so purchased all the powers given by the seventy-third section of the Public Health Act, 1848 (e).

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HIGHWAY REPAIRS.

XXXVII. "And whereas doubts have arisen as Cost of highways

to the rate out of which the repair of highways is repair to be

(c) The provision in 11 & 12 Vict. c. 63, s. 123, is thus superseded. See in the Appendix the provisions of the Lands Clauses Consolidation Act, 1845.

(d) This sanction may be given by a letter from the secretary of state or his assistant. See Arnold v. Mayor of Gravesend, 25 L. J. Ch. 776.

(e) The 11 & 12 Vict. c. 63, s. 73, ante, p. 125, only applied to the widening or improving an existing street; the present clause enables the local board to make new streets. That section, however, gave no special powers to the local board to make the purchase. It was unqualified, whereas in the text the sanction of the secretary of state is required. is presumed that the sanction is required as a condition precedent to the payment of the purchase-money. Refer to 10 & 11 Vict. c. 34, s. 68, post, in the Appendix.

N

It

of general district rate in certain

cases.

defrayed out to be provided for in districts (f) under the Public "Health Act, 1848" (g): Be it enacted, that in such districts, or in districts where this Act is adopted, and where no other mode of providing for the repair of highways is directed by any local Act, (1.) Where the whole of the district is rated to

Power to

levy highway rates in certain cases.

public works of paving, water supply, and (h) sewerage, or to works for such of these purposes as are provided for in the district, the cost of repair of highways shall be defrayed out of the general district rate:

(2.) Where parts of a district are not rated for works of paving, water supply, and sewerage, or for such of these purposes as have been provided for by rate in the district, the cost of the repair of highways in the same parts shall be defrayed out of a highway rate (i) to be separately assessed and levied in the same parts by the local board as surveyor of highways (k), and the cost of such repair in the residue of the district shall be defrayed out of the general district rate (1):

(f) The 11 & 12 Vict. c. 63, s. 2, ante, p. 32, contains a definition of the word district.

(g) See note on 11 & 12 Vict. c. 63, s. 117, ante, p. 172. This enactment will have a retrospective as well as a prospective operation.

(h) Note the copulative. If the whole of the district be rated to (i. e. for) some but not all of those purposes, yet if some are provided for the whole district, the charge will be upon the general district rate; when there is a part which is not liable to any general rate for any of the purposes specified a highway rate is to be levied.

(i) This means a rate made and levied according to the provisions of 5 & 6 Will. 4, c. 50.

(k) According to 11 & 12 Vict. c. 63, s. 117, ante, p. 172. The case of Richardson v. Tubbs, 4 C. B. 304, has some bearing upon this provision, though the grievance there complained of appears to be remedied by the enactment in the text.

(See 11 & 12 Vict. c. 63, s. 89, ante, p. 147, which enables

(3.) Where no public works of paving, water sup

ply, and sewerage are established (m) in the district, the repair of highways in the district. shall be provided for by a highway rate, to be levied over the whole district by the local board as surveyors of highways:

(4.) Where part of any township or place, at the time of the application of this Act to any district, shall be liable to contribute and pay to the highway rates leviable or assessable within such district, although it shall not be included in the limits of such district, such part of the said township or place shall, for all purposes connected with the repairs of highways, and the payment of highway rates, but for no other purposes, be considered to be and be

a local board to make separate assessments upon parts of the district. It is to be observed that this clause renders it discretionary with the local board to make separate rates, so that if they decline to do so there will be some difficulty in carrying out the provision of the above clause. It is clear that a general district rate must be levied for some purposes of a character affecting the whole of the district, such as the providing for the expenses of the election, the payment of the officers, and the general expenses of the board. That must come from the whole of the district, and is to bear the charge of certain highway repairs. How can parts of the district be prevented from bearing this charge in addition to their own? What is a general district rate which is in fact confined to a part of the district? It is to be feared that this provision of the clause will fail.

(m) It will not fail to be noticed that in this paragraph there is a departure from the two previous ones. They referred to the assessments, here reference is made to the establishment of the works. The works may have been completed, or may be in the course of being executed, and there may be no assessment. The actual meaning of the Legislature is not easily to be elicited, but most probably the paragraph means where there is no assessment for any such public works.

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