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Expense of constructing sewers in new streets

LII. Where any sewer shall, after the passing of this Act be constructed by any vestry or district board in or for the drainage of any new street (ƒ), or of any house laid out since or houses erected since the 1st day of January, 1856,

and streets

1st Jan.

1856 (g).

the expense of constructing such sewer and the works appertaining thereto, including the cost of gullies, side entrances, lengths of sewer at the intersection of streets, and other incidental charges and expenses, shall be borne and defrayed by the owners (h) of such street or houses, and of the land bounding or abutting on such street respectively, and the said expenses shall be apportioned by the vestry or district board in such proportions as they may deem just, and the amount charged upon or payable in respect of each house or premises shall be payable before the works shall be commenced, during their progress, or after their completion (i) as the vestry or district board shall in each case determine, either in one sum or by instalments, within such period not exceeding twenty years, as the vestry or district board shall direct; and any such sum or instalments shall be recoverable from the present or any future owner of the

(f) See definition of the expression "new street," s. 112. (g) This and the following section recognize more directly the obligation of individuals, and they are in accordance with those provisions of former Acts by which private parties were either compellable to make sewers at their own expense, or to contribute to the cost of them. See as to charging a portion of the expenses of arching sewers on occupiers of adjoining lands in the repealed statute relating to the Surrey and Kent sewers commission, 10 & 11 Vict. c. 217; analogous provisions in the repealed statute relating to the Westminster commission, 10 & 11 Vict. c. 70; and the powers of the commissioners under the Metropolitan Sewers Act, 11 & 12 Vict. c. 112, for compelling sewers constructed to be continued, and as to special rates, contributions, &c.

(h) See definition of word "owner" in sect. 250 of 18 & 19 Vict. c. 120, ante, with which this Act is to be read as one Act; sect. 110, post.

(i) See a similar provision as to the expenses of paving new street, sect. 77.

said house or premises either by action at law or in a summary manner before a justice of the peace at the option of the vestry or board.

sewers

had before

LIII. Where any sewer shall be constructed by any Expense of vestry or district board in a street in which previously constructing to such construction there had been no sewer, or only where there an open sewer, but where sewers rates have been levied been only previously to such construction, the expense of construct- open sewers, ing such sewer and the works appertaining thereto, including the cost of gullies, side entrances, lengths of sewer at the intersection of streets, and other incidental charges and expenses, shall be borne and defrayed in part only by the owners of the houses situate in and of the land bounding and abutting on such street respectively; and the amount to be borne by such owners shall be determined by the vestry or district board in each particular case, and the residue of such expenses shall be defrayed by the vestry or district board out of the sewers rates levied in their parish or district; and the amount so charged by the vestry or district board upon or in respect of each house or premises shall be payable, either before the works shall be commenced, during their progress, or after their completion, as the vestry or board shall in each case determine, either in one sum or by instalments within such period, not exceeding twenty years, as the vestry or board shall direct; and any such sum or instalment shall be recoverable from the present or any future owner of such house or premises either by action at law or in a summary manner before a justice of the peace, at the option of the vestry or board: Provided that no street or property in respect of which sewers rates have been levied for five years prior to the 1st day of January, 1856, shall be subject to be charged under the provision contained in this section.

charged in a

LIV. In apportioning the cost of constructing sewers Land may be under the provisions contained in the two last preceding less propor

tion than

house property (k).

Where esti

mated expenses ex

cost, differ

ence to be refunded by, and where less to be

paid to, ves

sections of this Act relating to the construction of sewers wholly or partly at the cost of private parties, it shall be lawful for any vestry or district board to charge the owners of land bounding or abutting on any street in a less proportion than the owners of house property, should they, under the circumstances of the case, deem it just and expedient so to do.

LV. In any case in which the estimated expenses shall exceed the actual cost of constructing sewers under ceed actual the provisions contained in the said two preceding sections of this Act relating to the construction of sewers wholly or partly at the cost of private parties, then the difference between such estimated expenses and the try, &c. (1). actual cost shall be repaid by the vestry or board to the owners of the houses or premises by whom the amount of any such estimated expenses may have been paid; and in any case in which the estimated expenses shall be less than the actual cost of constructing any sewer or sewers under the provisions aforesaid, then the owners of the said houses or premises shall, on demand, pay to the said vestry or board such further sum of money as, together with any sums already paid, will make up the amount of the actual cost; and the vestry or district board shall have all the same remedies for the recovery of such further sum as are hereinbefore given for recovering any expenses apportioned by vestries or district boards under the said enactments.

Vestry or district

LVI. It shall be lawful for the vestry or district board, should they deem it reasonable and just so to do, at their defray part discretion to defray, out of the sewers rates to be levied

board may

(k) See a similar provision with respect to the apportionment of the cost of paving new street, sect. 77, post.

(1) The provision for repayment of the difference is similar to that contained in the 105th section of 18 & 19 Vict. c. 120, ante, with respect to the expenses of paving new streets,

out of sewer

in their parish or district, any portion of the expenses of of expense and incident to the construction of sewers under the rates (m). provisions contained in the said two sections of this Act relating to the construction of sewers wholly or partly at the cost of private parties.

against

orders of

as to amount

ment of ex

LVII. Any person who may deem himself aggrieved Appeal by any order or resolution of any vestry or district board in relation to the expenses of constructing works under vestries, &c., the said two sections of this Act relating to the construc- or apportiontion of sewers wholly or partly at the cost of private penses (n). parties, or the apportionment of such expenses, may appeal to the metropolitan board of works against such order or resolution, subject in all respects to the directions and provisions contained in the 211th section of the firstly-recited Act, and the section of this Act relative to the form of order to be made by the committee of appeal of the metropolitan board of works against orders or acts of vestries or district boards.

district

LVIII. Whereas the vestries of the parishes men- Execution of tioned in sched. (A.) of the firstly-recited Act and dis- works of sewerage by trict boards are, by the 69th sect. of the said Act, subject vestries and to the powers vested in the metropolitan board of works, boards beempowered to make, repair, and maintain sewers vested yond the in them, and to do and perform other works and matters metropolis (o). as in the said section is mentioned, and it is expedient to give increased facilities to such vestries and district

(m) The 86th section of the 18 & 19 Vict. c. 120, enables vestries, &c., "to defray the whole or a portion of the costs of constructing sewers, &c., for the abatement of nuisances, after default by private parties.

(n) The sewers themselves must have been previously sanctioned by the metropolitan board, under sect. 69 of 18 & 19 Vict. c. 120, and 45th and following sections of this Act, and the appeal is limited to the amount of the expenses.

(a) There are certain parishes near the external boundary of the metropolis, which, owing to the fall of the ground, can only be drained by means of outfalls traversing districts

limits of the

boards for the execution and performance of such works and matters: Be it therefore enacted, that whenever it shall be found necessary by the vestry of any parish mentioned in sched. (A.) to the said Act, or by the board of works of any district mentioned in sched. (B.) to the said Act, for the purpose of executing works for any of the purposes mentioned in the said section, to carry any sewer or work beyond the limits of the metropolis as defined by the said Act, it shall be lawful for any such vestry or district board to execute works in parts situate beyond or without such limits, and to cleanse, repair, and maintain such works as they shall from time to time deem necessary: Provided always, that no work shall be performed or commenced by any vestry or district board beyond the limits of the metropolis as above defined, except for the purpose of continuing or forming part of a work commenced or executed within their respective parish or district; nor shall any such works be performed or commenced without the consent in writing of the metropolitan board of works for that purpose first had and obtained, nor without the consent of the vestry or district board, or authorities (p), of the parish or place

situate beyond the metropolitan limits, and much inconvenience has been occasioned by the want of a power similar to that conferred by the present section. The power to carry sewers through lands, as well beyond as within the limits of the metropolis, is given by the 135th section of the 18 & 19 Vict. c. 120, to the metropolitan board alone; the words "beyond the limits," being omitted from the 69th section, defining the powers of the latter for the execution of works. It has been held under the Public Health Act, 11 & 12 Vict. c. 63, that the power of local boards to construct sewers is confined to their own limits, and that the 30th section of the Local Government Act, 21 & 22 Vict. c. 98, only enables those boards to go beyond their own district when it is necessary to do so for the purpose of outfall or the distribution of sewage; Hayward v. Lowndes, 28 L. J. (N. S.) Ch. 400.

(p) In the Woolwich district the authority to give or withhold consent would be the local board of health; and elsewhere the surveyors of highways would probably be the parties to whom application should be made.

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