way. up in any part of any street in their parish or district, intention of not being a highway, declare their intention of repairing street, not repairing any the same under this Act, and thereupon the same shall being a highbe from time to time repaired by them under the authority of this Act: [Provided (c) always, that no street Proviso. shall be repaired as last aforesaid unless such notice in writing be also given to all persons interested in such street, or if within one month after notice in writing has been put up or given, as last aforesaid, any person interested in such street, or the person representing or entitled to represent any person interested as aforesaid, by notice in writing to the vestry or board object thereto.] authorize the without the CVII. Nothing in this Act shall extend or be construed Act not to to extend to authorize the taking down or removing any making any bar, gate, rail, or other fence fixed for preventing any thoroughfare thoroughfare into or from any square, street, or way, consent of without the consent of the proprietor of the estate or tor of the property upon which such bar, gate, rail, or other fence, estate. square, street, or way shall be situate. the proprie boards may &c. to foot CVIII. It shall be lawful for every vestry and district Vestries and board, from time to time, to place any posts, fences, and district rails on the sides of any footways or carriageways in place fences their parish or district, for the purposes of safety, and to ways (d). prevent any carriage or cattle from going on the same, and also to place any posts or other erections in any carriageways so as to make the crossings thereof less dangerous for foot passengers, and also from time to time to repair and renew any such posts, rails, or fences, or to (c) This proviso is repealed by the 80th section of 25 & 26 Vict. c. 102, post, which introduces new provisions as to the repair of streets not being highways. (d) See as to the liability of a parish surveyor under the General Highway Act, 5 & 6 Will. 4, c. 50, s. 24, with respect to securing horse and foot causeways; Ellis v. Woodbridge, 29 L. J. (N. S.), M. C. 183; and as to unfenced sewers and ditches, Cornwell v. The Metropolitan Commissioners of Sewers, 19 J. P. 313. See also R. v. Whitney, 3 Ad. & Ell. 699. Notice to be given by companies to vestries and district pavement remove the same, or any other obstruction or encroachment on any carriageway or footway. CIX. No company or person shall break up or open the pavement, surface, or soil of any street, the paving whereof is under the control and management of the boards when vestry or district board of any parish or district, for the &c. is re- purpose of making and laying down any main of pipes, quired to be or for any other purpose whatsoever, except in cases of taken up. (e) emergency arising from defects in pipes or other works without having previously given three clear days' notice in writing to such vestry or district board, stating in such notice the name of the street and the particular part thereof in which such pavement, surface, or soil is intended to be broken up or opened, the day on which the work is proposed to be commenced, and the time within which it will be completed; and in any such case of emergency as aforesaid such company or person shall, within twelve hours after they or he begin to break up or open such pavement, surface, or soil as aforesaid, give such notice as aforesaid to the said vestry or district board; and no such pavement, soil, or surface shall be broken up or opened for the purpose of laying down any (e) By s. 73 of 25 & 26 Vict. c. 102, post, the powers of the General Paving Act, the 57 Geo. 3, c. 29, to the extent therein expressed, are conferred upon vestries and district boards. That Act contains a series of provisions relative to the breaking up of pavements for the works of water and gas companies, and commissioners of sewers. Many of these, which extend from the 19th to the 23rd section, inclusive, are superseded by the present Act, but others are still in force. See clauses, post, Appendix. Any company or persons who take up the pavement and dig trenches in the roadway, without parliamentary power for that purpose, and the householder who authorizes such acts, are liable to be indicted for a nuisance; R. v. The Longton Gas Company, 29 L. J. (N. S.) M. C. 118. See a complaint by the Westminster district board against the Gaslight and Coke Company for breaking up the pavement of a street, and as to what amounted to an adjudication by the magistrate; R. v. Paynter, 26 L. J. (N. S.) M. C. 102. See powers of railway companies to interfere with roads, 8 Vict. c. 20, s. 16. new main of pipes for the conveyance of water during any part of the months of December, January, and February, without the consent of the said vestry or district board; and no gaslight company shall at any time break up or open any such pavement, surface, or soil for the purpose of laying down any new mains of pipes, without the consent in writing of the said vestry or district board; and every company or person offending against this enactment shall for every such offence forfeit a sum not exceeding five pounds (f), and shall, within twenty-four hours after notice in writing from the vestry or district board, cause such mains of pipes to be taken up and removed, and the pavement, surface, or soil to be reinstated and put into its former state: Provided always, that any gaslight company may break up or open any such pavement, surface, or soil, for the purpose of laying down and attaching to mains and pipes already existing any new service pipes, on giving to the said vestry or district board, three days at the least before so doing, notice of their intention to break up or open such pavement, surface, or soil for such purpose. to be broken under the superin vestry or CX. Whenever it is necessary, from any cause what- Streets not ever, for any company or person to break up or open up, except the pavement, surface, or soil of any street, such street, and the pavement, surface, and soil thereof, shall be tendence of broken up and opened under the superintendence of the board. vestry or district board of the parish or district in which the same is situate, and in such manner, and as regards gas companies at such time, as they shall direct (g); and such company or person shall with all convenient Streets speed complete the work on account of which the same (f) As to recovery of this and the other penalties incurred under the provisions relative to breaking up pavements, see s. 227. (g) The Metropolitan Gas Act, 1860, 23 & 24 Vict. c. 125, s. 54, gives a power to the secretary of state to authorize gas mains or pipes to be laid down by companies in accordance with the provisions of that Act, where the local authority refuse or delay their consent. broken up to without delay. be reinstated is broken up or opened, and fill in the ground and make good (h) the pavement or surface or soil so broken up or opened, and carry away the rubbish occasioned thereby, and shall in the meantime cause the place where such pavement or surface or soil is so broken up or opened to be fenced and guarded, and shall set up and maintain upon or against the part of the pavement, surface, or soil so broken up or opened a sufficient light during every night that such pavement or surface or soil is continued open or broken up. Penalty on persons taking up pavements neglecting to reinstate them, and to place lights during the night-time to prevent accidents. Vestry or district CXI. If any company or person authorized to break up or open any of the pavement or surface of any street, for the purpose of laying, altering, or repairing any gas, water, or other pipe, or other lawful cause, do not with due diligence cause the ground to be filled in, and the pavement to be reinstated, and the surface to be made good, in a proper and substantial manner, or do not in the meantime fence and guard the same, and affix and maintain lights during the night near to the places where any ground is open, so as to prevent any accident, every such company or other person so offending shall for every such offence forfeit a sum not exceeding 5l., and also a further sum not exceeding 40s., for every day during which such offence continues; no such pavement shall be considered to have been reinstated in a proper and substantial manner by any such company or other person unless the same have been reinstated with the same or similar materials of the like quality and thickness, and cemented and bound together in the same or in an equally substantial manner, as those of which it was composed, in such manner as is satisfactory to the vestry or board. and CXII. In case any part of the pavement of any street (h) See the 82nd section of the 25 & 26 Vict. c. 102, post, as to the reinstatement of pavements broken up by companies for their works. direct pave water or be sunk, broken, injured, or damaged, by reason of the board to breaking, bursting, or want of repair of any pipe belong- ments ining to any water, gas, or other company, it shall be law-jured by ful for the vestry or district board of the parish or dis- gas pipes to be repaired trict in which such pavement is situate, if they deem it by company. expedient so to do, to cause notice to be given to the company to whom such pipe is supposed to belong forthwith well and sufficiently to repair and make good such pavement; and if the company to whom such notice is Penalty for given do not, within forty-eight hours next after such notice, take up such pavement, and well and sufficiently repair and amend such pipe, and cause the ground to be well and sufficiently filled in and rammed down, and the said pavement to be relaid and repaired, to the satisfaction of the vestry or district board, then such company so offending shall for every such offence forfeit and pay any sum not exceeding 201. neglect. opening the discovered another to such com be reim CXIII. Provided always, that in case it be discovered, Company after any pavement in any street has been taken up by ground to any company, and the ground opened, that the pipe repair a pipe beneath the surface of such pavement required to be re- to belong to paired and amended does not belong to the company to company, to whom such notice has been given as aforesaid, but to give notice some other company, then such first-mentioned com- pany, and to pany to whom such notice has been so given as afore- bursed exsaid shall, within forty-eight hours after such discovery, penses. cause a copy of such notice to be in like manner given to the company to whom such pipe belongs, and require them to obey, conform to, and comply with the original notice, instead of the company to whom such original notice was given as aforesaid; and such other company to whom such last-mentioned notice is given as aforesaid shall reimburse and pay, on demand, to the firstmentioned company, the reasonable costs and charges incurred in and about the taking up of the pavement and opening the ground; and the said last-mentioned company shall obey, conform to, and comply with the said original notice, and execute and perform the work |