Pavements for such parochial or other District, shall forfeit and shall pay for every such Offence the Sum of Twenty Shillings, to be recovered in the same Manner in which other Penalties and Forfeitures are herein-after directed to be recovered by virtue of this Act. XXII. In case any Water or Gas Light Company or Commissioners of Sewers, at any Time or Times after the passing of this Act, shall neglect to take up the Pavement in any Street or public Place in any parochial or other District within the Jurisdiction of this Act; or to open any Ground beneath the Surface of such Street or public Place; or substantially to repair, alter, amend, or renew any Pipe, Plug, Stopcock, or other Thing, or any public Sewer, as the Case may be; or to give the Notices required by this Act to any other Company, or to any Paviors, Surveyors of Pavements, or other Persons; or to remove or take away any Pipes or other Materials or Things from any Street or public Place; or to collect and carry away or remove all Dirt, Gravel, Filth, Rubbish, and other Things, from any Street or public Place; or to place and continue Posts, Rails, Bars, or Ropes, Lanthorns and Watchmen, in any Street or public Place; or to do and execute all and every such Works and Things, and all or any other Works and Things directed and required by this Act to be done and executed by any such Company or Commissioners of Sewers, and pursuant to any Notice given or left as herein directed by any Commissioners or Trustees, or other Persons having the Control of the Pavements (a) in the Streets or public Places within any parochial or other District within the Jurisdiction of this Act, or by the Surveyors of Pavements, or other Officers or Persons appointed by them or otherwise, and to their respective Satisfaction, and within the several Times and Periods specified and directed by this Act; then and in every or any of such Cases, and at all Times afterwards, it shall and may be lawful to and for any Surveyor of the Pavement of the parochial or other District wherein the Street or public Place shall be situate as to which any such Neglect shall occur, and all and every such Surveyors are hereby empowered and required, forthwith to cause all and every such several Works, Matters, and Things which shall not be executed and performed by every such Company or Commissioners of Sewers, or which shall not be well, substantially, and effectually executed and performed to his or their Satisfaction, or to the Satisfaction of the Commissioners or Trustees, or other (a) Now Borough Councils outside City of London, and Common Council within. See note (a), p. 1. 57 Geo. 3. Cap, 29. Works Pavements. 57 Geo. 3, Cap. 29. Persons (a) by whom he or they shall be appointed, within the Times and Periods limited by this Act to be well and effectually performed to his or their Satisfaction, or to the Satisfaction of such Commissioners or Trustees, or other Persons (a) as aforesaid, as herein provided, at the Costs and Charges of such Company or Commissioners of Sewers who shall have so neglected well, substantially, and effectually to perform and execute the same, and every of them, and every Part thereof; and that such Costs and Charges and every of them shall be reimbursed and paid by any and every such Company or Commissioners of Sewers to such Surveyor or Surveyors of Pavements, or to the Person or Persons employed by him or them to perform and execute any or every of such Works, or to the Commissioners or Trustees, or other Persons having the Control of the Pavements (a) of the parochial or other District within which such Works shall be performed and executed, or to their Treasurer, or to such other Person or Persons as such Commissioners or Trustees or other Persons (a) shall from Time to Time appoint to receive the same; and that the Amount of such Costs and Charges, and of the Monies so to be paid, being directed by the said Commissioners or Trustees or other Persons (a), shall be ascertained and notified, and certified and recovered, (over and above all and every the Penalties and Forfeitures which may be incurred for any such Neglect by virtue of this Act) in the same Manner in which any Costs and Charges which may be incurred, and any Monies which may become due, for and about and in respect of the relaying or repairing of any Pavements hereafter broken or taken up in any Streets or public Places by or by the Direction or on account of any Company, Commissioners of Sewers, or other Persons. are to be ascertained and notified and certified, and may be recovered by virtue of this Act. [XXIII. Pavements taken up by Companies, &c., to be relaid by Commissioners of Pavements; and the Charges repaid to them by such Companies. See now City of London Sewers Act, 1848, s. 137, pp. 94, 95, Metropolis Management Act, 1855, s. 114, p. 120, and Metropolis Management Amendment Act, 1862, s. 82, pp. 164, 165.] (b) *** [LII. Commissioners, &c. may pave Streets within their Districts, and may raise or lower Pipes. See now (so far as relates to pipes) City of London Sewers Act, 1848, ss. 5, 120, pp. 90. 93, and Metropolis Management Act, 1855, ss. 90, 98, pp. 115, 116.] (b) *** (a) Now Borough Councils outside City of London, and Common Council within. See note (a), p. 1. (b) See note (a) to ss. 11, 12, p. 2. LIGHTING AND WATCHING 3 & 4 Will. 4, Cap. 90. An Act to repeal an Act of the Eleventh Year of His late Majesty King George the Fourth, for the lighting and watching of Parishes in England and Wales, and to make other Provisions in lieu thereof. (a) [28th August 1833.] [Preamble repealed by Statute Law Revision (No. 2) Act, 1888.] [I.-III. repealed by Statute Law Revision Act, 1874.] IV. * * * (b) This Act, and the several Provisions thereof, shall apply to and may be adopted, under and 3 & 4 Will. 4. Cap. 90. subject to the Regulations herein contained, by all or any Act applior either of the Parishes in England and Wales. [V.-XVII. Provisions as to adoption of Act and mode of electing Inspectors.] cable to all Parishes. *** * III. purposes of Act.] *** IV. Powers as to raising of the rate for *** to be put up. XLV. (c) It shall be lawful for the said Inspectors, and Lamp Irons they are hereby empowered, from Time to Time to cause such Lamp Irons or Lamp Posts or other Posts to be put or fixed upon or against the Walls or Palisades of any Houses, Tenements, Buildings, or Inclosures, (doing as little Damage as may be practicable thereto,) or to be put up and erected in such other Manner, within all or any of the said Roads, Streets, and Places within the Limits of this Act, as they shall think proper; and also to cause (a) Short Title, "The Lighting and Watching Act, 1833." See Short Titles Act, 1896, s. 1. This Act is subject, in its application, to parochial adoption (now by Parish Meeting), in accordance with ss. 5-16 and 71-73 thereof and with s. 7 (1) of the Local Government Act, 1894, P. 426. The Act is, however, superseded by the Public Health Act, 1875, in districts in which that Act applies. See ss. 163 and 276 thereof, p. 273. For extension of the power or duty to light roads in a district to the lighting of any main road in such district, see Local Government Act, 1888, s. II. (11.), p. 361. (b) Words omitted repealed by Statute Law Revision Act, 1890. (c) Introductory words repealed by Statute Law Revision (No. 2) Act, 1888. 3&4 Will. 4. Cap. 90. Gas Pipes not to be laid on private Premises without Consent. Owners of private Grounds may alter Position of Pipes. such Number of Lamps, of such Sizes and Sorts, to be provided and affixed and put upon such Lamp Irons and Lamp Posts, as they shall think necessary for lighting all or any of such Roads, Streets, and Places, and cause the same to be lighted with Gas, Oil, or otherwise, for such Number of Hours in every Twenty-four Hours as they shall think necessary; and also to cause such a Number of Watch-houses or Watch-boxes to be provided, erected, or affixed as they shall think necessary for watching all or any of the Streets, Roads, and Places within the Limits of this Act. XLVI. Provided (always, (a) That nothing herein contained shall extend or be construed to extend to authorize or empower the said Inspectors, or any Body or Bodies Politic or Corporate, or Person or Persons contracting with the said Inspectors for lighting with Gas such Roads, Streets, and Public Places, to carry or lay any Pipe or Pipes, Cocks or Branches from any Mains or Pipes, against, into, or through any Dwelling House or Dwelling Houses, Manufactories, public or private Buildings, or to continue the same, without the Consent in Writing of the Owner or Owners, Occupier or Occupiers for the Time being of such Dwelling House or Dwelling Houses, Manufactories, public or private Buildings respectively, nor to enable any Body or Bodies Politic or Corporate, or Person or Persons contracting with the said Inspectors for lighting such Streets and public Places, to enter into or upon any private Lands or Grounds, without the Consent in Writing of the Owner or Owners, Occupier or Occupiers of such Lands or Grounds for that Purpose first had and obtained. XLVII. Provided also, (a) That in case the Soil, Pitching, or Pavement of any Road or Way, for the Purpose of laying any Gas Main or Gas Pipe along, under, or across the same, be broken up with the Consent of the Owner or Owners of the Soil for the Time being, and after the same shall have been so laid and placed such Owner or Owners shall be desirous of having the same removed, it shall be lawful for such Owner or Owners at any Time or Times thereafter, if he, she, or they shall deem it necessary or expedient, at his, her, or their own Costs and Charges, to alter and vary the Position of such Pipe or Pipes, Main or Mains, and to relay the same, so that no Damage be done thereby to the said Body or Bodies Politic or Corporate or Person or Persons contracting with the said Inspectors, (a) Introductory words repealed by Statute Law Revision (No. 2) Act, 1888. cap. 90. and so that such Body or Bodies Politic or Corporate or 3 & 4 Will. Person or Persons contracting with the said Inspectors as aforesaid be not thereby prevented from or obstructed in lighting any public or private Lamp, unless such Damage or Obstruction be unavoidable. For stopping the Escape of Gas. XLVIII. (a) Whenever any Gas shall be found to escape from any of the Pipes which shall be laid down or set up by Order of the said Inspectors, in pursuance of this Act, the Body or Bodies Politic or Corporate, or Person or Persons whosoever, making, furnishing, or supplying any Gas used or burnt for lighting any Highway, Street, or Place, or any Houses, Manufactory, Building, or other Premises within the Limits of any Parish adopting the Provisions of this Act, shall at their own Expense, immediately after receiving Notice by Parol or in Writing from any Person or Persons whatsoever, to be given or left at their Office or usual Place of transacting their Business, of any such Escape of Gas, cause the most speedy and effectual Measures to be taken to stop or prevent such Gas from escaping; and in case the said Body or Bodies Penalty for Politic or Corporate, or Person or Persons as aforesaid, Neglect. shall not, within Twenty-four Hours next after such Notice by Parol or in Writing being given of any such Escape of Gas, effectually stop and prevent the Gas from escaping, and wholly and satisfactorily remove the Cause of Complaint, then and in every such Case the said Body or Bodies Politic or Corporate, or Person or Persons as aforesaid, shall for every such Offence forfeit and pay any Sum not exceeding Five Pounds for each and every Day, after the Expiration of Twenty-four Hours from the Time. of giving any such Notice, during which the Gas shall be suffered to escape as aforesaid; which Penalty shall from Time to Time be recoverable in a summary Way, on the Oath or Affirmation of One or more credible Witness or Witnesses before any Two Justices of the Peace, and shall and may be recovered, with all reasonable Charges, by Distress and Sale of the Goods and Chattels of any such Body or Bodies Politic or Corporate, or Person or Persons as aforesaid, by the Warrant of any Two Justices of the Peace as aforesaid, to be granted in like Manner and subject to the like Provisions as are herein directed touching other Penalties to be recovered by virtue of this Act. XLIX. (a) It shall be lawful for the Body or Bodies Politic or Corporate, or other Person or Persons whosoever, making, furnishing, or supplying any Gas used or burnt (a) Introductory words repealed by Statute Law Revision (No. 2) Act, 1888. Power to convey away Washings of Gas Works. |