Reports as to underground shall direct or appoint (v): provided also, that where any contribution to the cost of a sewer is payable in respect of drainage into the same, it shall not be lawful for any person to make or branch any drain into such sewer, except in conformity with the directions of the board or vestry in whom the same shall be vested with respect to payment of contribution under the provisions contained in the firstly-recited Act and this Act in that behalf (w); and in case any person, without the consent of the said metropolitan board, district board, or vestry as aforesaid, make or branch, or cause to be made or branched, any sewer or drain, or make any opening into any of the sewers vested in any such board or vestry, or authorized to be made by them as aforesaid, or if any person make or branch, or cause to be made or branched, any drain of a different construction, size, material, or other conditions, or in another manner or form of conmunication than shall be directed or appointed by such board or vestry, every person so offending shall for every such offence forfeit a sum not exceeding 507.; and the board or vestry may cut off the connexion between such drain and their sewer, or if they shall see fit execute the necessary works for making the said drain conformable to their regulations or directions at the expense of the person making such drain or causing the same to be made, such expenses to be recovered either by action at law or in a summary manner before a justice of the peace, at the option of the board or vestry. LXII. Every district surveyor required to report by rooms occu- the one hundred and third section of the firstly-recited pied as dwel- Act shall, without fee or reward, report to the metropolings (x). (v) As to the discretion of the board or vestry with respect to the materials to be used, see Austin v. St. Mary, Lambeth, 27 L. J. (N. S.) Ch. 677, cited in note (h) to s. 76, 18 & 19 Vict. c. 120, ante, p. 51. (w) See sect. 80 of 18 & 19 Vict. c. 120, ante, and sect. 59 of this Act. (x) The bill as originally introduced proposed to transfer the duties imposed on the district surveyors, under the Building litan board, and to every vestry and district board in the district in which such surveyor may act, in the months of June and December in each year, and at all other times when he shall be required so to do by any such board or vestry, all underground rooms or cellars occupied as dwellings within the meaning of the first-recited Act that are not built or constructed in conformity with the rules contained in the said section, and shall in such report set forth the exact locality in which such underground rooms or cellars are situate; and in any proceedings taken to recover the penalty under the said one hundred and third section of the said Act, such evidence as may give rise to a probable presumption (y) that some person passes the night in such room or cellar shall be evidence, until the contrary be made to appear, that such has been the case. time under LXIII. Whereas by the seventy-sixth section of the Extensionof firstly-recited Act, it is provided that the vestry or dis- sect. 76 of 18 trict board shall make their order in relation to the mat- & 19 Vict. c. 120, for ters therein referred to, and cause the same to be notified making to the person from whom the notice mentioned in the said section was received within seven days after the district receipt of such notice, and it is expedient that the time for making such order should be extended: Be it there Act, from those officers to the inspectors of nuisances and local surveyors, to whose functions it appeared more especially to appertain, but the alteration was not sanctioned by the legislature. It is presumable that the section, as now framed, is in substitution of the requirements of the district surveyor under the 103rd section. This provision renders the district surveyors subject to the orders of vestries and district boards as regards the reports in question. (y) It would seem that the evidence raising probable presumption must be such as would constitute reasonable grounds within sect. 104 of 18 & 19 Vict. c. 120, ante. (z) As the ordinary meetings of vestries and district boards only take place weekly, and in some instances at less frequent intervals, much inconvenience in practice was experienced from the shortness of time allowed by the 76th section of 18 & 19 Vict. c. 120, for notifying the orders of these bodies in orders by vestries and boards (z). Where par to carry out works pur suant to order of fore enacted, that where any notice shall have been given to any vestry or district board pursuant to the said section, it shall be lawful for the surveyor of such vestry or board, if he shall deem it necessary and proper so to do, within three days after the receipt of such notice by the vestry or district board, by writing under his hand directed to and served upon the person giving such notice, to require that the building or works referred to therein shall not be proceeded with until after the then next meeting of the said vestry or district board, and until their directions in reference thereto shall have been notified to such person, provided that the order of the said vestry or district board shall be made and notified to the said person at the latest within fifteen days after the receipt of such notice by the vestry or district board; and in case any person shall proceed with any building or works contrary to this enactment he shall forfeit and pay to the vestry or district board a sum not exceeding 51., and also a further sum of 40s. for every day during which such offence shall continue, to be recovered by action at law or in a summary manner at the option of the vestry or board. LXIV. Whereas by the seventy-third, seventy-fourth, ties neglect seventy-sixth, eighty-first, eighty-fifth, and eightysixth sections of the firstly-recited Act, certain works, matters, and things are required to be constructed, made, or executed on the requisition of vestries and district boards by the owners or occupiers of the premises therein referred to; and in case any such owner or occupier refuse or neglect to commence, proceed with, or complete the same, as the case may be, the vestry or district board vestry, the vestry may recover penalty or do the works (a). reference to the levels at which the foundations of houses might be built, the form, material, &c. of drains, water supply, and other matters. In some parishes the surveyor or other officer, acting under a previous general order of the vestry or board, served notice on the party containing certain requirements in reference to the works, but there is little doubt that this was not a compliance with the directions of the Act. (a) Under the provisions referred to relating to the branch are authorized to perform and execute, such works, matters, and things, and recover the costs incurred thereby in manner therein provided: Be it enacted, that in case of any such neglect or default by any person or persons to comply with the order of any vestry or district board to execute any works, matters, or things under any of the said provisions, the person or persons so offending shall forfeit and pay to the vestry or district board a sum not exceeding 57., and also a further sum not exceeding 40s. for every day during which such offence shall continue, to be recovered by action at law or before a justice of the peace in a summary manner, at the option of the vestry or district board; and the vestry or district board may at their discretion either execute or perform any such works, matters, or things, and recover the costs and expenses thereof from the owner of the property as aforesaid, or proceed for and recover the said penalty or penalties; but nothing herein contained shall render any person or persons liable to be proceeded against for the penalty as well as for the costs and expenses of the works. 18 & 19 Vict. c. 120, ex LXV. The penalties declared by the firstly-recited Penalties in Act in the case of persons committing the offences mentioned therein are hereby extended and made applicable tended to to all persons causing the commission of any such causing offences, or by whose order or direction any such offences offences (b). shall have been committed. ing of drains into sewers, the laying on water, the levels of buildings, the construction of house drains, waterclosets, and ashpits, the filling up of ponds, open ditches, &c., vestries and district boards, in case of default by private parties in complying with these orders, could only execute the works themselves, and proceed against the parties liable to recover the expenses. This enactment gives them the option of doing the works, or proceeding for penalties, and under the latter alternative it gives them the protection of a magistrate's order. (b) The remedy is at present confined to the workman or other party performing the act complained of. This provision persons Temporary provision of property proper sewer within LXVI. Whereas certain property within the limits of for drainage the metropolis is so situate as to render it impracwhere no ticable, or practicable only at undue expense, to connect such property with covered sewers, and it is 200 feet (f). expedient that some temporary provision should be made for draining such property and abating the nuisances existing thereon or caused thereby: Be it therefore enacted, that in any case in which any house or other building, whether erected before or after the passing of this Act, is without sufficient drainage, and there is no proper sewer within two hundred feet of any part of such house or building, it shall be lawful for the vestry or district board of the parish or district in which such house or building is situate by notice in writing to require the owner of such house or building to construct and lay from such house or building a covered drain to lead therefrom into a covered watertight cesspool or tank or other suitable receptacle, not being under a house or within such distance from a house as the vestry or board shall direct, and to construct such cesspool, tank, or receptacle; and the several provisions (g) in the firstly-recited Act with respect to the laying of house drains at the expense of the owners of property, and the recovery of such expenses of and the penalties for any omission in respect to the performance of any such works pursuant to the orders of vestries or district boards in accordance with the directions of the said Act, shall be extended to and apply to the making of such cesspools, tanks, receptacles, and drains, and the will subject the master builder, in some instances the owner, to penalties. (f) The power given by the 75th section of the 18 & 19 Vict. c. 120, calling on parties where there is no existing or intended sewer within one hundred feet of the house or site, to drain into a cesspool, is limited to houses erected or rebuilt after the passing of that Act. This provides temporary means of drainage in cases in which certain property, whether built before or after the Act, must from its situation either drain into cesspools, or remain wholly without drainage. (g) See sects. 73, 76, and 77 of 18 & 19 Vict. c. 120, ante. |