51., and a further sum not exceeding 40s. for every day during the continuance of such default. be erected vestry or CXXII. It shall not be lawful for any person to erect No hoard to or set up in any street any hoard or fence or scaffold for without liany purpose whatever, or any posts, bars, rails, boards, or cence from other things by way of inclosure, for the purpose of district board (g). making mortar, or of depositing bricks, lime, rubbish, or other materials, without a licence in writing first had and obtained from the clerk or surveyor of the vestry or district board of the parish or district in which such street is situate; and every such licence shall state the place where and the purpose for which such hoard or fence, scaffold or inclosure, is to be set up or made, and the size thereof, and the time for which it is to be permitted to continue. erected or any manner satisfaction CXXIII. If any person erect or set up in any street If hoard be any hoard or fence or scaffold for any purpose whatever, materials be or any posts, bars, rails, boards, or other things by way of deposited in inclosure, for the purpose of making mortar, or of depo- otherwise siting bricks, lime, rubbish, or other materials, without than to the a licence from the vestry or district board, or do any such of the vestry act as aforesaid in any other manner than as permitted board, the by such licence, or continue the same beyond the time same may be stated in such licence, or fail to keep any hoard, fence, platform, or handrail in good repair, he shall for every such offence forfeit (i) a sum not exceeding 51., and a further sum not exceeding 40s. for every day during the (g) The court of Queen's Bench seemed to be of opinion that the granting or refusing this licence was entirely within the discretion of the vestry; R. v. Vestry of St. Leonard's, Shoreditch, 20 J. P. 404. But at all events they will not interfere when the applicant has taken the matter into his own hands and erected the hoard without leave; Ibid. (h) Under the 75th section of the 57 Geo. 3, c. 29, it was held that a surveyor appointed under the Act had no right to remove a ladder placed against a house; Davey v. Warne, 14 M. & W., 199. (i) See sect. 227, as to recovery of penalties. or district removed (h). Providing against accidents in laying out new streets, &c. continuance of such offence; and it shall be lawful for the vestry or board to cause such hoard, fence, scaffold, or inclosure to be pulled down, and the materials thereof, and also all the bricks, mortar, lime, or other building materials, or other matters or things contained within any such enclosure, to be removed and deposited in such place as the vestry or board may think fit, and to be kept until the charges of pulling down and removing the same be paid to the vestry or board; and in case the same be not claimed and the said charges paid within the space of eight days next after such seizure thereof, it shall be lawful for the vestry or board to order the same to be sold, and by and out of the proceeds of such sale to pay such charges, rendering any surplus to the owner or other person by law entitled thereto; and in case the proceeds of such sale be insufficient to cover such charges and the charges of selling and disposing of such materials, matters, and things, the deficiency shall be repaid by the owner of such materials, matters, and things to the vestry or district board, on demand (a). CXXIV. Every person laying out or opening any new street, or building therein, shall, during the operations necessary for forming such new street, or for building therein, take all such precautions for guarding against injury to the passengers along such street as may be directed by the vestry or district board of the parish or district within which such operations are being carried on; and if any person fail to comply with the directions of such vestry or district board, within such time as may be limited by them, such vestry or district board may do whatever may be necessary for carrying the same into effect, and the expenses thereby incurred shall be repaid to such vestry or district board by the person laying out or opening such new street or building (a) These "charges," though the 225th and 226th sections do not use that expression, may no doubt be recovered under those sections. therein, as aforesaid, and shall be recoverable by them from such person in manner provided by this Act. district vengers. CXXV. It shall be lawful for every vestry and dis- Vestries and trict board and they are hereby required to appoint and boards to employ a sufficient number of persons, or to contract (b) appoint scawith any company or persons, for the sweeping and cleansing of the several streets within their parish or district, and for collecting and removing all dirt, ashes, rubbish, ice, snow, and filth, and for the cleansing out and emptying of privies, and cesspools, sewers and drains, in or under houses and places within their parish or district (c); and such company or persons are hereinafter referred to as scavengers; and such scavengers or their servants shall, on such days and at such hours and in such manner as the vestry or district board shall from time to time appoint, sufficiently execute and perform all such works and duties as they respectively are employed or contract to execute or perform; and if any such company or person fail in any respect properly to execute and perform such works and duties, such company or person shall for every such offence forfeit a sum not exceeding 51. CXXVI. Any occupier of any house or land or other Penalty for obstructing person who refuses or does not permit any soil, dirt, scavengers ashes, or filth to be taken away by the scavengers apin perform. (b) By sect. 95 of the 25 & 26 Vict. c. 102, post, vestries, &c., are empowered to contract for the removal of manure from stables and cowhouses; and by the same Act, s. 89, any persons other than the parties contracting with the vestry, &c., who shall remove dirt, dust, &c., are made liable to penalties. (c) By the Metropolitan Police Act, 2 & 3 Vict. c. 47, s. 60, persons are subjected to penalties for emptying privies between the hours of six in the morning and twelve at night, or committing any of the other nuisances there enumerated. The proviso exempts from the operation of the enactment commissioners of sewers and persons in their service, &c., who empty or remove the contents of sewers. ance of their pointed by or contracting with any vestry or board as duty. aforesaid, or who obstructs the said scavengers in the performance of their duty, shall for every such offence forfeit and pay a sum not exceeding 5l. (d). Refuse col vested in trict board, who may dispose of the same CXXVII. All dirt, dust, nightsoil, ashes, and rublected to be bish collected as aforesaid shall be the property of such vestry or dis- vestry or board, and such vestry or board shall have full power to sell and dispose of the same for the purposes of this Act as they shall think proper, and the person towards de- purchasing the same shall have full power to take, carry away, and dispose of the same for his own use, and the money arising from the sale thereof shall be applied towards defraying the expenses of the execution of this Act, other than the sewerage expenses. fraying their expenses. Owners or occupiers to moval of re CXXVIII. In case any scavenger be required by the pay scaven- owner or occupier of any house or land to remove the gers for re- refuse of any trade, manufacture, or business, or of any building materials, such owner or occupier shall pay to the scavenger a reasonable sum for such removal, such sum, in case of dispute, to be settled by two justices (e). fuse of trades. Dispute as to what is refuse of trade, &c. to be deter❤ mined by justices. Vestries and district CXXIX. If any dispute or difference of opinion arise between the owner or occupier of any such house or land and the scavengers required to remove such refuse as to what shall be considered as refuse, it shall be lawful for any two justices, upon application made to them by either of the parties in difference, to determine whether the subject matter of dispute is or is not refuse of trade, manufacture, or business, or of any building materials, and in every such case the decision of such justices shall be final and conclusive. CXXX. Every vestry and district board shall cause the several streets within their parish or district to be (d) Sec sect. 27 as to recovery of penalty. cause streets well and sufficiently lighted, and for that purpose shall boards to maintain, or set up and maintain, a sufficient number of to be lamps in every such street, and shall cause the same to lighted (ƒ). be lighted with gas or otherwise, and to continue lighted at and during such times as such vestry or board may think fit, necessary, or proper; and all public lamps, and the lamp posts and lamp irons and fittings thereof, to be provided by any vestry or district board, shall vest in such vestry or board. house to [CXXXI (g). Before any licence; for the use of any No slaughter place within any parish mentioned in either of the sche- be licensed dules (A.) and (B.) to this Act as a slaughter-house is under the 66 (f) The word "street" is, by the 250th sect. defined to mean 'any highway (except the carriage-way of any turnpike road), and any road, bridge (not being a county bridge), lane, footway, square, court, alley, or passage, &c." The language of this section is imperative, and the court will compel the performance of the duty of lighting, where the locality in question is clearly made out to be a street; R. v. Vestry of St. Mary, Islington, 22 J. P. 383; Ell. Bl. & E. 743; but the vestry have some discretion to decide what is "a street," and where the owner of a road not finished or completely formed though partly built upon, and not yet taken to by the vestry, applied for a mandamus to the vestry to light the so-called street, the court refused to interfere, though the houses already built were rated in respect of lighting, but only at half the usual amount; ibid. See rule for a mandamus to the vestry to light that part of Vauxhall-bridge within their parish; R. v. Vestry of St. Mary, Lambeth, 25 J. P. 374. 23 & 24 Vict. c. 125, the Metropolis Gas Act, post, Appendix, by the 22nd section requires gas companies, subject to the restrictions expressed, to light all public lamps in the public streets on the requisition of the local authority, which, by the interpretation clauses, includes vestries and district boards. The 165th section of this Act preserves the existing exemptions of land from lighting rates, where the 3 & 4 Will. 4, c. 90, (lighting and watching) were in force at the time of the passing of the Act. The (g) This section is repealed by the 92nd sect. of the 25 & 26 Vict. c. 102, post, and the 93rd & 94th sections of that Act direct that cowhouses shall also be licensed, and contain the provisions in relation to the licensing both of slaughterhouses and cowhouses. |