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Expense of surveys, &
XLII. And be it enacted, that the expense of surveys, maps, or plans made, prepared, or procured by the local board of health for the purposes
of this Act shall be defrayed out of the general district rates to be levied under this Act.
Sewers, &c. vested in local board.
XLIII. And be it enacted (h), that all sewers (1), whether existing at the time when this Act is applied or made at any time thereafter,
(Except sewers made by any person (k) or persons for his or their own profit, or for the profit of proprietors (1) or shareholders, And except sewers made and used for the
purpose of draining, preserving, or improving land under any local or private Act of parliament, or for the purpose (m) of irrigating land,
And sewers under the authority of any commissioners of sewers appointed by the Crown,)
Together with all buildings, works, materials, and things belonging or appertaining thereto, shall vest in, belong to, and be entirely under the management and control of the local board of health.
XLIV. And be it enacted, that the local board purchase
, &c. of health may, if they shall think fit, purchase (n)
() See further, as to sewerage, 21 & 22 Vict. c. 98, s. 29.
(0) Note, in sect. 2, ante, p. 34, the distinction between sewers and drains.
(k) This word includes a corporation aggregate, see s. 2, ib.
(D) This word seems to apply to the case of works of an extensive character, such as canals, sluices, piers, basins, docks, and the like, where the persons engaged in the concern are frequently termed proprietors. See sect. 145, post.
(m) This purpose is not limited, as it seems, to cases under local Acts.
(n) This clause does not appear to give facilities to persons otherwise disabled to sell. It seems rather to confer power upon the local board of health to purchase. The word belong
the rights, privileges, powers, and authorities vested in any person for making sewers, or contract for the use of any sewers within their district, or purchase any such sewers, with or without the buildings, works, materials, and things belonging or appertaining thereto;
And any person to whom any such rights, privileges, powers, authorities, sewers, buildings, works, materials, or things belong may sell and dispose of the same to or otherwise contract with the said local board;
And in case of any such sale the purchase money shall be settled and applied to the same uses and trusts to which the property purchased may have been subject at the time of such sale, and the property purchased shall vest in and belong to the local board of health purchasing the same, anything to the contrary notwithstanding :
Provided always, that, notwithstanding any such purchase, any person who previously thereto may have acquired perpetual right (c) to use any sewer so purchased shall be entitled to use the same, or any other sewer substituted in lieu thereof, in as full and ample a manner as he would or might have done if such purchase had not been made.
XLV. And be it enacted (P), that the local board Making
alteration, must signify such an ownership as enables the party to sell the entire interest proposed to be purchased. But sect. 84, post, for which 21 & 22 Vict. c. 98, s. 75, is to be substituted, incorporated the Lands Clauses Consolidation Act, 1847, under which powers applicable to persons under disability will be found, and will be available to the local board.
(0) Note the extensive right which alone is provided for. Apparently a limited right is not preserved.
(p) See in sect. 145, post, the restrictions which have been imposed upon the local board in regard to sewers, and the notes upon that section.
tinuance of sewers vested in
and discon- of health shall from time to time repair the sewers
vested in them by this Act, and shall cause to be local board. made such sewers as may be necessary for effectu
ally draining their district for the purposes of this Act;
And the said local board may carry any such sewers through, across, or under any turnpike road, or any street (c) or place laid out as or intended for a street, or under any cellar or vault which may be under the pavement or carriageway of any street, and, after reasonable notice in writing (d) in that behalf, (if upon the report of the surveyor it should appear to be necessary,) into, through, or under any lands whatsoever;
And the said local board may from time to time enlarge, lessen, alter, arch over, or otherwise improve all or any of the sewers vested in them by this Act, and discontinue, close up, or destroy such of them as they may deem to have become unnecessary :
Provided always (e), that the discontinuance, closing up, or destruction of any sewer shall be so done as not to create a nuisance;
And if by reason thereof any person is deprived of the lawful use of any sewer the said local board
(c) See as to the meaning of this word, sect. 2, ante,
(d) It is not stated to whom the notice is to be given, but it is reasonable to suppose that notice should be given to the owner and occupier of the lands interfered with. As to its form and authentication, see 21 & 22 Vict. c. 98, s. 61, and as to the service see sect. 150, post.
(e) This proviso is limited to the destruction of the sewers, and does not extend to the alteration. It would enable persons interested to apply to the Court of Chancery for an injunction to stop works, and the local board could be indicted for the nuisance.
shall provide some other sewer as effectual for his use as the one of which he is so deprived (f).
sewers, &c. by local
XLVI. And be it enacted, that the local board As to cleansof health shall cause the sewers vested in them by emptying this Act to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to board. be properly cleared, cleansed, and emptied (9);
And for the purpose of clearing, cleansing, and emptying the same (1) they may construct and place, either above or under ground, such reservoirs, sluices, engines, and other works as may be necessary, and may cause all or any of such sewers to communicate with and be emptied into such places as may be fit and necessary, or to cause the sewage and refuse therefrom to be collected for sale for
any purpose whatsoever (),
But so as not to create a nuisance (k).
(f) Note, that in this case it is not necessary that the person should have a perpetual right. Any dispute as to whether an effectual sewer has been made may be well settled by arbitration, although it is not provided for in terms by sect. 123. Perhaps 21 & 22 Vict. c. 98, s. 74, may be held to be applicable to this case.
(g) See also the provisions in sect. 22 of the Nuisances Removal Act, 1855, in the Appendix, and note (e), ante.
() This provision did not enable the local board to enter the land of a person against his consent and make a tank and reservoir or depository therein for the reception of the sewage from a sewer proposed to be made after a report from their surveyor, and a notice to the owner of the land. Where such a proceeding was proposed, the Court of Chancery interfered by an inj tion. Sutton v. The Mayor of Norwich, 31 L. T. 389.
() See the additional powers conferred upon the local board in this matter by 21 & 22 Vict. c. 98, ss. 30, 31, post.
(k) This prohibition applies to private as well as public nuisances, and local boards have been restrained from carrying on works of sewerage and drainage highly important with
Penalty for making unauthorized sewers, and
over sewers and under streets.
XLVII. And be it enacted, that it shall not be
lawful to cause any sewer or drain to communicate and building with or to be emptied into any sewer of the local
board of health,—nor to cause any building to be newly erected over any such last-mentioned sewer,
-nor to cause any vault, arch, or cellar to be newly built or constructed under the carriageway of any street (a), without the written consent of the said local board (6) first had and obtained (c);
And whosoever offends against this enactment shall forfeit to the said local board the sum of five pounds, and a further penalty of forty shillings for every day during which the offence is continued after notice in writing (d) from them in this behalf ();
And if any sewer, drain, building, vault, arch, or cellar be made, erected, or constructed contrary to this enactment, the said local board may cause the same to be altered, pulled down, or otherwise dealt with as they may think fit, and the expenses incurred by them in so doing shall be repaid to them by the offender, and be recoverable from him in the summary manner hereinafter provided (f).
reference to their own district and the sanitary state of it, where, however, they created a nuisance, and an injury to the property of individuals. See A. G. v. Town Council of Birmingham, 22 J.P. 561, in which case the Court of Chancery granted an injunction to stay the execution of such works.
(a) See the definition in sect. 2, ante, p. 33. This prohibition is here introduced because such vault might interfere with the course of a sewer hereafter to be made.
(6) See in sect. 149, post, how this consent is to be given.
(c) The 21 & 22 Vict. c. 98, s. 72, post, contains a special provision enabling the sewers of the local board to be altered by other parties.
(d) See as to this notice 21 & 22 Vict. c. 98, s. 61, and as to the service, sect. 150, post.
(e) See as to the recovery of this penalty, sect. 129, post.