Paving, etc., private streets. Certain streets not highways to be deemed such, and repaired by Local Board. 11 & 12 Vict. c. 63, s. 70. 21 & 22 Vict. c. 98, s. 42. Dedication of street as a highway. The word of this duty from the tenant under the lease. If any present or future street, not being a highway at the time when the Act is applied to the district in which it is situate, be sewered, levelled, paved, flagged and channelled to the satisfaction of the Local Board, the Board may, by notice in writing put up in any part of the street, declare the same to be a highway, and it shall thereupon become a highway, and be from time to time repaired by them out of the rates levied "in that behalf" under the authority of the Act (see 21 & 22 Vict. c. 98, s. 37): every such notice must be entered amongst the proceedings of the Local Board. But no street shall so become a highway if within one month after notice in writing shall have been put up, the proprietor of the street, or the person representing or entitled to represent the proprietor, by notice in writing to the Local Board, objects thereto : no such objection, however, shall be of force unless made either by the sole proprietor, or (if more than one) by the majority in number of the proprietors; and in ascertaining such majority, joint proprietors are to be reckoned and considered one proprietor. Further on the same point :-A landowner in a district under a Local Board of Health gave notice to the Local Board of his intention to dedicate a certain road as a highway; to which the Board replied that they could not adopt the road as it had not been sewered, levelled, paved, flagged, and channelled to their satisfaction. Tho owner, however, obtained and enrolled the certificate of two justices under the General Highway Act, 5 & 6 Will. IV. c. 50, s. 23; and the public then used the road, which was kept in repair by the owner for twelve calendar months as required by that Act. Afterwards, it becoming out of repair, an indictment was preferred against the inhabitants of the parish. It was, however, held that the inhabitants were not liable to the indictment, inasmuch as the road had not become a highway repairable by the inhabitants at large; for assuming that the 5 & 6 Will. IV. c. 50, s. 23, applied to the case, and that that section was not superseded by 11 & 12 Vict. c. 63, s. 70, the road had not been made to the satisfaction of the Local Board of Health, who were the surveyors of the highways in their district by s. 117 of the latter statute. (2) With regard to what is not a street within the meaning of the Metropolis Local Management Act (18 & 19 Vict. c. 120), see Reg. v. St. Mary, Islington. (3) No incumbent or minister of any church, chapel, or place appropriated to public religious worship, which is now by law exempt from rates for the relief of the poor, is liable to any (1) Tidswell v. Whitworth, 15 L. T. (N. s.) 574 ; L. R. 2 C. P. 326. (3) E. B. & E. 743. towards expenses under the 69th section of the Public Health Act, Exemption 1848, or the 21 & 22 Vict. c. 98, s. 38, as the owner or occu- from contripier of such church, chapel, or place, or of any churchyard or buting burial-ground attached thereto, nor are any such expenses to expenses. be deemed to be a charge on such church, chapel, or other 21 & 22 Vict. place, or on such church-yard or burial-ground, or to subject c. 98, s. 38. the same to distress, execution, or other legal process. The Local Board may, however, undertake any works from the expenses of which any such incumbent or minister is exempted as above mentioned. Under the Metropolis Local Management Act, 18 & 19 Vict. C. 120, SS. 105, 250; 25 & 26 Vict. c. 102, s. 77, it was held that a church built on land conveyed to the Commissioners for building additional churches is not liable to be assessed to the expenses of forming a new street either as "house," or "land,” under the acts Angell app. Paddington resp. (1) The exemption in 21 & 22 Vict. c. 98, s. 38, applies only to churches, &c., which are now by law exempt from rates for the relief of the poor." The 3 & 4 Will. c. 30, s. 1, exempts from poor rates "churches, district churches, chapels, meeting-houses, or premises, or such part thereof as shall be exclusively appropriated to public religious worship;" but the exemption does not extend to any land in immediate connection with the churches, &c., which may be occupied by the incumbent minister, or trustees of the churches or chapels. Trustees of a charity school for the education of poor children Trustees of are "owners within 11 & 12 Vict. c. 63, s. 69. (2) Charity Purchase of The Local Board may purchase any premises for the purpose School. of widening, opening, enlarging, or otherwise improving any premises in street; and resell any part of the premises so purchased which order to immay not be wanted for that purpose, and the proceeds shall be prove streets. carried to the district fund account. (See post, page 219). II & 12 Vict. With reference to the compulsory purchase of land, the Local C. 63, s. 73. Board of Hastings being desirous of widening a road in that town presented a petition to the Secretary of State stating that they proposed under the provisions contained in the Local Government Act, 1848, and the several Acts incorporated therewith, to widen the road, and praying to be allowed for that purpose to put in force the compulsory powers of the Lands Clauses Act, to enable them to take the land belonging to B. The Secretary of State, in spite of B.'s opposition, granted a provisional order to take his land contingent upon its being confirmed by Parliament. In 1865, the 29 & 30 Vict. c. 110 (post) was passed, confirming the order "so far as it was authorized by the Local Government Act, 1858, and the Acts incorporated therewith." Subsequently the Sanitary Act became law, and it was held upon the construction of sect. 47 of that Act, (1) L. R. 3 Q. B. 714; 9 B. & S. 496; 37 L. J. M. C. 171. Purchase of premises in order to im prove streets. 11 & 12 Vict. c. 63, s. 73. 29 & 30 Vict. c. 90, s. 47. Materials. Excavations. Formation of the street. Sidestones. and the Acts referred to, that the Local Board had no power to take B.'s land otherwise than by agreement, for the confirmation of the provisional order must be express and not by implication. (1) Per Stuart, V.C. :—“I say this, because in all cases where it is sought to deprive a man of his land or property on any terms, the Act conferring on parties such rights should be very strictly construed by the Court." Further, with reference to this case, see the chapter on Purchase of Lands, post. : § 2. SPECIFICATION AND CONDitions of Levelling, Paving, FLAGGING, AND CHANNELLING STREETS. The following is an example of specifications and conditions of a contract for levelling and paving streets : The setts to be 7 inches in depth, not less than 4 inches and not more than 7 inches in width, to be perfectly square on all sides; the bottom bed to be full and equal to the top bed, free from all baits and other defects whereby they are all liable to split, either by wear or weather. To be from quarry, or of an equal quality, and which, previous to being used, shall have the special approval of the surveyor. The flags to be from quarries, of the quality termed firsts and seconds, self-faced, and not less than 3 inches in thickness. The bricks used for the gullies to be hard, sound, and well-burnt bricks. The cement, &c., for the gullies to be Roman, and mixed in the proportion of one to one with fine clean sharp sand, free from all loam, &c. The grates to be of the pattern or design approved of by the surveyor. No materials to be worked, set, or used in any manner whatever until the same have been examined by and received the approval of the surveyor to the Local Board of Health. No materials rejected, or considered defective by the surveyor, will be permitted to be used, but must be immediately taken off the ground. The contractor or contractors shall, without any extra charge, take up all the old materials, and place to one side such portion of them as may not be fit for use, which shall be removed by the respective owners thereof within one day's notice from the surveyor: failing to do this, the contractor or contractors to remove them at the cost of such owners. The contractor or contractors to excavate, &c., from the surface to a proper level bed (unless authorised by the surveyor to the contrary), full width from sidestone to sidestone for the street formation, and to perform all labour in connection with the removal of the excavated materials. The contractor or contractors to form the carriage-way, full width from sidestone to sidestone, with a foundation of broken stone 15 inches deep in the centre and 9 inches deep at the sides (each stone to be broken so as to pass through a ring 24 inches in diameter), laid on and levelled to the requisite form, as shown on section, so as to bring the top line to the intended transverse section of the road, and the whole subjected to traffic until consolidated, and approved by the surveyor as in a condition to receive the paving stones. The contractor or contractors, during the period the foundation is being consolidated, to keep the same in repair, level and fill all ruts, and make good all sinkings. Previous to paving, the whole surface of carriage-way to be covered with clean, sharp, screened gravel, three inches deep. The sidestones to be 12 inches by 6 inches, to be dressed to a bevel of I in 12 on the top, dressed 4 inches on the back, full dressed on the face, square jointed on the ends for at least 6 inches in depth, to be not less than 3 feet in length, and when set to be firmly bedded on gravel or other suit (1) Frewen v. Hastings, 16 L. T.(N. s.) 553. able materials. Circular curbs to be 12 inches by 10, to be worked to the proper radius, and when measured to be taken as a measure and a-half. The channels to be formed of two courses of 6-inch setts, laid longitudi- Channels. nally, and firmly bedded in gravel. The footpaths to be the widths shown on the plan. The flags to be laid in regular courses from the wall breaking joint, and each flag, on an average, to measure 7 superficial feet. The flags to be well squared the whole thickness, jointed in good lime mortar, and well bedded on a beaten foundation of gravel and ashes. All old flags, when used, to be well squared, refaced, and laid as before specified. Circular flagging to be taken as a measure and a-half. The contractor or contractors to pave the carriage-way with square Paving. paving setts 7 inches in depth, when laid to be put down in straight courses of equal breadth, to be well and firmly bedded in the gravel; joints not to exceed three-quarters of an inch, to have the gravel well crammed in with cramming-irons, all well beaten down with proper paving beaters, and afterwards covered with a coat of gravel one inch thick. The intersection of street crossings to be paved diagonally. The contractor or contractors to build gullies to the form and dimensions Gullies. shown on the drawing, to connect the same with the sewer, with six-inch socket-jointed stoneware pipes, jointed with puddle, laid on a solid bed and carried at one uniform inclination from gully to sewer. The brickwork of the gullies to be set in cement, to have a coat of puddle six inches thick under the footing or bottom of gully and round the outside of walls to the height of the water-line, and the inside to be pargetted with cement the full depth. The grates to be properly fixed. The contractor or contractors to connect all rain-water spouts with the channels nearest thereto with 4-inch pipes. The contractor or contractors shall securely and properly fence off and General light the work during the progress thereof, and in such places and at such conditions. times as the surveyor shall direct, or when necessary for the safety of the public, and will be held responsible for any accident that may occur through non-compliance with, or neglect of, this clause. The contractor or contractors to be held responsible for and to make good any damage to gas or water pipes, drains, fences, or other works or property damaged by him or them during the progress of the works, or which may occur in consequence of the said paving within twelve months after completion, and in case of default, the damage will be made good by the surveyor to the Local Board, and the amount thereof deducted from any money due, or which may become due, to the contractor or contractors. § 3. IMPROVING LINE OF STREETS AND REMOVING OBSTRUCTIONS. 21 & 22 Vict. streets. With permission of the Board, and on such terms as they Setting think fit, any building may be set forward for improving the houses forline of streets; and the Board may purchase lands for the ward. purpose of widening, enlarging, or otherwise improving streets, c. 98, s. 45and resell such portions thereof as shall not be required. The 10 & 11 Vict. Board may also require, on making compensation to the owners c. 34, s. 66. for any damage sustained, houses projecting beyond the regular Widening line of the streets which have been taken down to be set backwards towards the line of the street or the line of adjoining Setting houses or buildings. Further on this point, see post. p. 218. houses back. Future projections to houses or buildings which are an obstruc- Ib. s. 68. Projections tion to passengers, are to be removed or altered by the occu- to houses. pier on notice from the Board within fourteen days thereafter, lb. s. 69. under a penalty not exceeding 40s., when the Board may them Ib. s. 67. Removal of existing projections. 10 & II Vict. c. 34, s. 70. Line of street. Byelaw. No house to be brought forward without con sent of Local Board. 24 & 25 Vict. c. 61, s. 28. Definition of "street.' 29 selves remove the obstruction, and recover the expense from the occupier as damages; and the occupier on the other hand may deduct the expense of removing the obstruction from his rent if it was not occasioned by himself. The Board may also cause existing projections from houses to be removed or altered, provided that they give thirty days' notice thereof to the occupier; but they must afterwards make reasonable compensation to every person who suffers damage by the removal or alteration. A byelaw, made under the Municipal Corporations Act, 5 & 6 Will. IV. c. 76, imposed penalties on any person who caused obstructions in the streets, referring to them as of a temporary character, and concluded, "or shall cause or commit any other obstruction, nuisance, or annoyance in any of the streets." In May, 1852, the appellant became the owner of the house mentioned in the conviction, which had been used as a residence, in front of which was an area protected by iron railings set into a stone coping. In October, 1855, he began the construction. of a shop front along the whole length of the house, and projecting in front of the walls of the house as far as the foot pavement of the street. This projection was substantially built, and formed the front of the appellant's house, and contained a door and shop-front, supported by wooden pilasters with large glass windows, and the floor of the shop inside was brought up to the new outside walls and thus covered the area, but the plinths of the pilasters extended an inch and a half over the footway, and the shop-front covered a space of two feet seven inches not previously covered in any way. Upon these facts the appellant contended that the byelaw in question did not authorize the conviction, as the general words in the byelaw related to obstructions of a temporary nature, and the provisions of the Local Act provided against an obstruction of a permanent nature. The Court held that upon the facts found the obstruction was not temporary but a permanent one, and was therefore not an offence against the bye-law, but one which might be proceeded against by indictment under the Local Act, which gave a summary remedy. (1) It shall not be lawful at any time or times hereafter, within the district of any Local Board, to bring forward any house or building forming part of any street, or any part thereof, beyond the front wall of the house or building on either side thereof, nor to build any addition thereto beyond the front of such house or building on either side of the same as aforesaid, without the previous consent of such Local Board. The word "street" in 24 & 25 Vict. c. 61, s. 28, applies only to a row of houses in some degree proximate and continuous, and not to a set of detached houses at irregular distances and not in a continuous line. It is a question of fact to be deter (1) Reg. v. Dickenson. 7 E. & B. 831; 26 L. J. M. C. 204; 3 Jur. (N. S.) 1076. |