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XLVIII. And be it enacted, that any owner or Use of occupier of premises adjoining or near to, but be sewers by yond the limits of any district (g), may cause any district. sewer or drain of or from such premises to communicate with any sewer of the local board of health, upon such terms and conditions as shall be agreed upon between such owner and occupier and such local board, or, in case of dispute, as shall be settled by arbitration in the manner provided by this Act (h).
house to be
XLIX. And be it enacted, that it shall not be No new lawful newly to erect any house, or to rebuild any built without house which may have been pulled down to or below the floor commonly called the ground floor, or to occupy any house so newly erected or rebuilt, . unless and until a covered drain (3) or drains be constructed, of such size and materials, and at such level, and with such fall as upon the report of the surveyor (k) shall appear (1) to be necessary
the expenses of the alteration or pulling down. It is to be
(g) See also 21 & 22 Vict. c. 98, s. 30, post.
(1) This clause is not framed very distinctly, but apparently the plan and specification as to the intended works must be submitted to the local board, and by them referred to the surveyor, who is to report thereupon to the board. The board must then decide as to the sufficiency of the proposed drainage, and give their directions as to the course to be followed.
and sufficient for the proper and effectual drainage of the same and its appurtenances;
And if the sea, or a sewer of the local board of health, or å sewer which they are entitled to use, be within one hundred feet of any part of the site of the house to be built or rebuilt, the drain or drains so to be constructed shall lead from and communicate with such one of those means of drainage as the said local board shall direct, or if no such means of drainage be within that distance, then the last-mentioned drain or drains shall communicate with and be emptied into such covered cesspool or other place, not being under any house, and not being within such distance from any house, as the said local board shall direct (m); And whosoever erects or rebuilds
house or constructs any drain contrary to this enactment shall be liable for every such offence to a penalty not exceeding fifty pounds, which may be recovered by any person (n), with full costs of suit, by action of debt;
And if at any time, upon the report of the surveyor, it appear to the said local board that any house, whether built before or after the time when
this Act is applied to the district in which it is drain, cause situate, is without any drain, or without such a drain constructed, or drains communicating with the sea or a sewer as
is or are sufficient for the proper and effectual drainage of the same and its appurtenances, and if the sea, or a sewer of the said local board, or a sewer
Local board may, upon report of surveyor that any house is without a
(m) This enactment will often render it necessary for the person proposing to rebuild to secure the rights of sewerage under the ground adjoining his property.
(n) See sect. 133, post.
which they are entitled to use, be within one hundred feet of any part of such house, they shall cause notice (0) in writing to be given to the owner or occupier of such house, requiring him forthwith, or within such reasonable time as shall be specified therein, to construct and lay down in connexion with such house and one of those means of drainage, one or more covered drain or drains, of such materials (p) and size, at such level, and with such fall as upon the last-mentioned report shall appear to be necessary;
And if such notice be not complied with the said local board may, if they shall think fit, do the works mentioned or referred to therein, and the expenses incurred by them in so doing shall be recoverable by them from the owner (9) in a summary manner (r), or, by order of the said local board, shall
(6) As to service of notice see sect. 150, post; and as to its authentication, 21 & 22 Vict. c. 98, s. 61.
(v) It will be seen from Austin v. Vestry of Lambeth, 22 Jur. 274, that the local board have the exclusive power of deciding whether their directions are complied with in regard to the materials to be used. The vestry ordered a drain to be made with pipes of stone-ware of the best kind and quality, and the builder laid down Aylesford pipes, but the vestry declared that these were not stone-ware, and proceeded to remove them. Vice-Chancellor Stuart held that it was for them to determine the question, and refused to grant an injunction against them on motion. His decision was confirmed by the lords justices on appeal, 27 L. J. R., Ch. 388, 392; and the bill was afterwards dismissed with costs on the hearing, his honour being satisfied that the vestry had not acted capriciously or vexatiously. 22 Jur. 1032.
() As to the owner referred to in this section, see sect. 2, ante, p. 29; as to the payment of such expenses between lessor and lessee, sect. 97, post. If there be any difficulty, by reason of the owner not having a right to carry his drain through his neighbour's land, the local board may, perhaps, be able, by means of the authorities conferred upon them by the Acts, to obviate the difficulty.
(T) See sect. 129, post, as to the recovery of these expenses.
As to con
be declared to be private improvement expenses, and be recoverable as such in manner hereinafter provided (e).
L. And be it enacted (f), that if it shall appear to se wers, wells, a majority of not less than three-fifths of the rated pumps, &c inhabitants of any parish (g) or place containing less &c. with less than two thousand inhabitants on the then last inhabitants, census in which this Act shall not have been apthis Act is plied by order in council or provisional order as wise applied, aforesaid, assembled at a public meeting to be called
as is hereinafter provided, that it would contribute to the health and convenience of the inhabitants that any pond, pool, open ditch, sewer, drain, or place containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health, should be drained, cleansed, covered, or filled up, or that a sewer should be made or improved, a well dug, or a pump provided, for the public use of the inhabitants, the churchwardens and overseers of such parish or place shall procure a plan and an estimate of the cost of executing such works, or any of them, and shall lay the same before another public meeting of such rated inhabitants, to be called as is herein-after provided;
And if the same shall be approved and sanctioned by a majority of the rated inhabitants assembled at
(e) See sect. 90, post, and 21 & 22 Vict. c. 98, s. 62, which makes them a charge on the premises.
(f) This useful clause is sometimes adopted in small parishes, and would be more so if it were more generally known.
(9) There is no interpretation of the word parish in this Act, therefore in this clause it must have its ordinary signifi. cation ; but the word place is of a very wide extent, and may well apply to townships or chapelries having separate over.
such last-mentioned meeting, such churchwardens and overseers shall cause the works in respect of which such estimate shall have been made and sanctioned as aforesaid to be executed, and shall pay the cost thereof out of the poor rates of such parish or place:
Provided always, that notice of every such meeting shall be given by such churchwardens and overseers as is by this Act directed to be given by superintending inspectors, before proceeding upon inquiries previously to the application of this Act (h), and every such notice shall also contain a statement of the works proposed or intended to be submitted for consideration and approval.
LI. And be it enacted, that it shall not be law- Penalty on ful newly to erect any house, or to rebuild any erecting house (c) pulled down to or below the floor com- out watermonly called the ground floor, without a suffi- focal board cient (k) watercloset or privy and an ashpit, fur-may, upon nished with proper doors and coverings; and who- surveyor, soever offends (1) against this enactment shall be closets, &c. liable to a penalty not exceeding twenty pounds;
And if at any time, upon the report of the sur- built before veyor (m), it appear to the local board of health that or after this any house (i), whether built before or after the plied, &c. time when this Act is applied to the district in
to be erected in houses, whether
(1) See sect. 9, ante, p. 40.
(i) See in sect. 2, ante, p. 33, the interpretation of this word, and'in 21 & 22 Vict. c. 98, s. 24, post, what is a new building.
(k) It will be for the justices to determine whether the watercloset or privy provided be or be not sufficient. See sect. 129, post, as to the recovery of this penalty.
(1) Quære, whether the owner, builder, or surveyor is liable to the penalty, and when the offence is committed ? (m) See sect. 2, ante.