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XXXIV. The fifty-third and seventy-second sections of the Public 21 & 22 VICT. Health Act, 1848 (a), shall be repealed; and in lieu thereof be it enacted as follows:

C. 98. Sects. 53

Every local board may make byelaws with respect to the following and 72 of matters (b); (that is to say,)

11 & 12 Vict. c. 63. as to new streets and houses

(1.) With respect to the level, width, and construction of new streets, and the provisions for the sewerage thereof; (2.) With respect to the structure of walls of new buildings for securing repealed stability and the prevention of fires;

and the provisions

(3.) With respect to the sufficiency of the space about buildings to herein secure a free circulation of air, and with respect to the ventilation named to of buildings;

(4.) With respect to the drainage of buildings, to waterclosets, privies, ashpits, and cesspools in connection 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 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 (c):

But for the purposes of this act the re-erecting 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.

be instead.

Powers for regulation of buildings.

taken

XXXV. When any house or building has been taken down, in order to be rebuilt or altered, 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 (d); and the local board shall pay or When tender compensation to the owner or other person immediately interested houses in such house or building for any loss or damage he may sustain in condown, local sequence of his house or building being set back, the amount of such board may compensation, in case of dispute, to be settled in the same manner as com- prescribe pensation for land to be taken under the provisions of "The Lands Clauses line in Consolidation Act, 1845," is directed to be settled; and all the provisions shall be of the said last-mentioned act relating to the purchase of lands shall apply rebuilt. to the payment made for such loss or damage as if it were a purchase under such act (e).

which same

chase pre

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

Cost of highway repair to be

XXXVII. And whereas doubts have arisen as to the rate out of which Highway the repair of highways is to be provided for in districts under the Public repairs. 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 public works of paving, defrayed general district rate in certain cases. (b) See suggested forms for byelaws, post.

(c) See note, p. 77, Shiel v. Mayor of Sunderland. (d) See 24 & 25 Vict. c. 61, s. 28, post.

(a) p. 267.

(e) See note, p. 118.

(f) p. 273.

(g) See note, p. 71.

out of

C. 98.

21 & 22 VICT. water supply, and 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 :

Power to

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

cases.

Certain acts

(3.) Where no public works of paving, water supply, and sewerage are established 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 treated as if forming part of such district and comprised within the limits thereof: provided always, that no such district rate shall be leviable within such part (a):

(5.) Provided, that it shall not be necessary for any local board, in the not required case of any highway rate made by them, to do the following acts or any of them; that if to say,

to be done

in case of highway rate being made by local board.

Application of surplus

under sect.

117 of 11 &
12 Vict.
c. 63.

Powers as to

roads.

Power to

To lay such rate before any justices, or obtain their allowance;

To annex thereto the signature of such local board;

To lay the same before the parishioners assembled in vestry;

To verify before any justices any accounts kept by them of such highway rates:

and all such accounts shall be audited in all respects in the same way as the other accounts of local boards, and all ministerial acts required by any act of parliament to be done by the surveyor of highways may be done by the surveyor of the local board, or by such other person as they may appoint:

(6.) The surplus of any monies directed by the one hundred and seventeenth section of the Public Health Act, 1848 (b), to be paid by surveyors of highways to the treasurer of the local board, and to be carried to the district fund account, shall, for every district or part of a district where the roads are repaired out of highway rate, be carried by the same treasurer to a separate account to be kept by him, and called the highway rate account. The act of the thirteenth Victoria, chapter thirty five, "for requiring annual returns of the expenditure on highways in England and Wales to be transmitted to the secretary of state, and afterwards laid before parliament," shall apply to the clerk to every such local board as aforesaid in like manner as to the clerk to any such trustee or commissioner as in such act mentioned.

XXXVIII. The powers given to local boards of health by the sixtystreets and ninth and seventieth sections of the Public Health Act, 1848 (c), to compel the sewering, levelling, paving, flagging, and channelling of streets that are not highways repairable at the public expense, and after the local board completion of such works to declare such streets highways repairable at the public expense, shall extend to providing the means of lighting, metalling, or making good such streets, and may be exercised in respect carriageway, footway, or any part of such streets; and the said powers

to provide for sewer

ing, &c., of parts of

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the

shall also be deemed to have extended and shall extend and be exercised in 21 & 22 VICT. C. 98. respect of any street or road of which a part was at the time of the application of the Public Health Act, 1848, or is or may be, a public footpath, streets not or repairable at the public expense, as fully as if the whole of such street being highor road had been or was a highway not repairable at the public expense (a). ways. No incumbent or minister of any church, chapel, or place appropriated No incumto public religious worship, which is now by law exempt from rates bent or for the relief of the poor, shall be liable to any expenses under the minister of sixty-ninth section of the Public Health Act, 1848, or this section, chapel, &c., any church, as the owner or occupier of such church, chapel, or place, or of any liable to churchyard or burial ground attached thereto, nor shall any such expenses expenses be deemed to be a charge on such church, chapel, or other sect. 69 of place, or on such churchyard or burial ground, or to subject the same 11 & 12 Vict. to distress, execution, or other legal process; and the local board c. 63, or this may, if they think fit, undertake any works from the expenses of section. which any such incumbent or minister is hereby exempted.

under

XXXIX. It shall be lawful for any local board to agree with any Power to persons for the making of roads for the public use through the lands and at local boards the expense of such persons, and to agree that such roads shall become and to agree as to making the same shall accordingly become, on completion, public highways of new maintainable and repairable at the public expense (b); and it shall be public roads. lawful for such board, with the consent of two-thirds of their number, to agree with such persons to pay, and accordingly to pay, any portion of the expenses of making such roads out of the funds at the disposal of such board for public improvements.

XL. It shall be lawful for any local board to agree with the proprietors Power to of any canals, railways, or tramroads, and with any landowners or other local boards, by persons willing to bear the first expense thereof, for the construction or consent, to alteration of, and accordingly to cause or permit to be constructed or construct altered, any bridges, viaducts, or arches over or under any such canals, public railways, or tram roads, at the expense of such persons, and at the like bridges, &c., or adopt as expense, by agreement, to purchase so much of any slopes, embankments, public, and or other parts of such canals, railways, or tramroads, or of any adjoining improve lands, as may be required for the foundation and supports of such bridges, existing bridges, &c., viaducts, or arches, and the approaches thereto, and to agree that such over or bridges, viaducts, and arches respectively, with their approaches and under accessories, shall become, and the same shall accordingly become on canals, railcompletion, parts of public streets or roads maintainable and repair- ways, or able at the public expense; and it shall be lawful for such board, with the consent of two-thirds of their number, to agree to pay, and accordingly to pay, any portion of the expenses of such construction, alteration, and purchase out of the funds at the disposal of such board for public improvements; and it shall be lawful for such board, with the consent of such proprietors and other persons interested, and on such terms as may be mutually agreed upon, to adopt any existing bridges, viaducts, or arches over or under any such canals, railways, or tramroads, and the approaches thereto, as public bridges, viaducts, or arches, and parts of public streets or roads maintainable and repairable at the public expense.

tramroads.

XLI. It shall be lawful for any local board, by agreement with the Powers to trustees of any turnpike road, or with any corporation or person liable to local boards to enter into repair any street or road, or any part thereof, or with surveyors of any agreements bridge repaired by any county, riding, or division, to take upon themselves with turnthe maintenance, repair, cleansing or watering of any such street or road pike trusor any part thereof, or of any road over any county bridge, and the tees as to repair, &c., approaches thereto, or of any part of the said roads within their district, of roads. and to remove any turnpike gates, toll gates, or bars which may be

(a) See 24 & 25 Vict. c. 61, s. 16, post.
(b) See 26 Vict. c. 17, s. 6, post.

C. 98.

21 & 22 VICT. situate within two miles from the centre of any town or place within their district, and to erect other turnpike gates, toll gates, or bars in lieu thereof, on such terms as the local board and the trustees or corporation or person or surveyor aforesaid may agree upon between themselves; provided that in case any mortgage debt is charged upon the tolls of any such turnpike road, no agreement shall be made for the removal of any of the toll gates or bars thereon, unless with the previous consent in writing of a majority of at least two-thirds in value of the mortgagees; and that when the terms arranged shall include any annual or other payments from the local board to the trustees, then such payments may be secured on the local rates in the same manner as other charges on the rates are autho rised by this act; provided also, that all executors, administrators, guardians, trustees, and all committees of the estates of idiots and lunatics, who as such are for the time being entitled to any money charged or secured on the tolls of any such turnpike road, may consent to any such agreement as aforesaid, as fully as if they respectively were so entitled in their own right, discharged of all trusts in respect thereof, and all executors, administrators, guardians, trustees, and committees so consenting are hereby severally indemnified for so doing.

Objections under sect. 70 of 11 & 12 Vict.

c. 63, to be made by the sole proprietor, or, if more than one, by a majo rity.

Certain

roads herein

named not

XLII. And whereas by the seventieth section of the Public Health Act, 1848 (a), it is provided that no street shall become a highway, under the provisions of such section, if within one month after notice in writing shall have been first put up as therein mentioned the proprietor of such street, or the person representing or entitled to represent such proprietor, shall, by notice in writing to the local board, object thereto; and doubts have arisen as to the effect of such provision: be it enacted, that no such objection shall be of force unless made either by the sole proprietor, or (if more than one) by the majority in number of such proprietors, and in ascertaining such majority joint proprietors shall be reckoned and consisidered one proprietor.

XLIII. Notwithstanding anything contained in the Public Health Act, 1848, or this act, it shall not be lawful for any local board to open or in to be inter- any way disturb any of the public roads or footpaths under the charge of fered with, the commissioners of the metropolis turnpike roads north of the Thames, except upon or of the New Cross turnpike roads, or of the trustees acting in execution conditions, of the Surrey and Sussex Roads Act, 1850, except upon the conditions and subject to the regulations hereinafter contained; that is to say,

&c., herein named.

(1.) The local board shall leave at the office of the commissioners or
trustees of such road seven days' previous notice, containing full
particulars of any works intended to be executed by them, and
affecting any of such roads:

(2.) If the general surveyor of the said commissions or trustees directs
the works to be on any particular part of such roads the local
board shall be bound to obey such directions:

(3.) Except by the permission of the said commissioners or trustees, the
traffic of any of the said roads shall not at one time be stopped or
in any way hindered along more than half of its width, nor, if
the half left open is of less than the clear width of fourteen feet,
along more than one hundred yards in length; and no alteration
shall be made in the inclination of any of the said roads of more
than one foot in sixty feet:

(4.) All works shall be done under the superintendence of the general
surveyor; and all such precautions as he may direct for the pro-
tection and convenience of the public shall be taken by and at the
expense of the party doing the works, and in default the said
surveyor shall cause to be done in that behalf what he may think
proper; and the party doing the works shall in all cases of damage

(a) p. 272.

.

C. 98.

occurring by reason of such works, and whether such precautions 21 & 22 VICT. are or not taken, be answerable to the person suffering such damage, the said commissioners or trustees being hereby absolved from all liability in respect of the consequences of such works: (5.) The party doing the works shall, as regards every road opened or disturbed, restore the same to its original state as to surface and materials, and, in order to meet the expenses consequent upon the subsidence of materials newly filled in, shall repay to the said commissioners or trustees, on demand, such sum as they have expended in restoration of the road, not exceeding one shilling for every superficial square yard, and, so far as the works affect the same, shall make good all drainage, paving of water channels, curbs of footpaths, and other matters and things connected with the maintenance of the said roads; and on default the said surveyor may cause to be done in that behalf what he may think fit; and the said surveyor may recover the expense so incurred by him in a summary manner.

XLIV. The provisions of "The Towns Police Clauses Act, 1847," (1.) With respect to obstructions and nuisances in the streets,

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Incorporated powers. Certain provisions of

10 & 11 Vict. c. 89, incorporated with this

XLV. The provisions of "The Towns Improvement Clauses Act, 1847," act.

with respect to the following matters, that is to say,

(1.) With respect to naming the streets and numbering the houses,
(2.) With respect to improving the line of the streets and removing

obstructions (b),

(3.) With respect to ruinous or dangerous buildings,

Certain pro-
visions of
10 & 11 Vict.
c. 34, incor-
porated
with this

(4.) With respect to precautions during the construction and repair of act.

the sewers, streets, and houses,

(5.) With respect to the supply of water, except the proviso thereto, (6.) With respect to the prevention of smoke,

(7.) With respect to slaughter-houses,

(8.) With respect to clocks (c),

Shall be incorporated with this act, subject to this qualification, that the above-mentioned provisions with respect to the prevention of smoke shall not extend to compel the consumption of all smoke in the case of all or any of the processes following; that is to say, to the coking of coal, the calcining of ironstone or limestone, the making or burning of bricks, earthenware, quarries, tiles, or pipes, the raising of any mines or minerals, the smelting of iron ores, the refining, puddling, shingling, and rolling of iron or other metals, or to the melting and casting of iron into castings, or to the manufacture of glass, in any district where the provisions of the said act for the prevention of smoke are not now in force, in which the local board shall resolve that any one or more of such processes should be exempted from penalties for not consuming all smoke for any time specified in such resolution, not exceeding ten years, which may be annually renewed for a similar or any shorter period, if the board shall think fit; and any justice or justices before whom any person shall be summoned may remit the penalty in any case within such district in which he or they shall be of opinion that such person has adopted the best known means for preventing any nuisance from smoke, and has carefully attended to the same, so as to consume, as far as possible, the smoke arising from any process so exempted during such time as any such resolution shall

(a) See these clauses at length, p. 234.

(b) See 24 & 25 Vict. c. 61, s. 11, post.

(c) See these clauses, p. 223.

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