17 & 18 Vict., Cap. 103. contract for lighting Streets. Price to be paid for Gas to be ascertained in case of dispute. Owners of any Gasworks, or with any other Person, (a) for the Supply of such Gas or Oil, or other Means of lighting, and may provide such Lamps, Lamp Posts, and other Works as the Commissioners think necessary for lighting the Streets of the Town; and if the Commissioners and the Owners of any Gasworks authorized by Act of Parliament to supply Gas within the Town, and with whom the Commissioners shall be desirous of contracting, shall not agree as to the Price to be paid for such Supply, then such Price shall be settled by Arbitration, and for that Purpose the Clauses of "The Lands Clauses Consolidation Act, 1845," with respect to the Settlement of disputed Compensation by Arbitration, shall be incorporated with this Act. [LII.-LIV., relating to the supply of water, repealed by Public Health (Ireland) Act, 1878, s 294.] See note (a), p. 275. *** (a) Interpretation of word "person," under s. 1, repealed by Statute Law Revision Act, 1892. 18 & 19 Vict., Cap. 120. METROPOLIS MANAGEMENT ACT, 1855. 18 & 19 Vict., Cap. 120. An Act for the better Local Management of the Metropolis. (a) [14th August 1855.] relating to XC. All the Duties, Powers, and Authorities for or All Power in relation to the paving, lighting, watering, cleansing, or improving of any Parish mentioned in Schedule (A.) to this Act, or any Part of such Parish now vested in any Commissioners, or in any Body other than the Vestry of such Parish, or in any Officer of any Commissioners or other Body, and all other Duties, Powers, and Authorities in anywise relating to the Regulation, Government, or Concerns of any such Parish or Part, or of the Inhabitants thereof, (except such Duties, Powers, and Authorities as relate to the Affairs of the Church, or the Management or Relief of the Poor, or the Administration of any Money or other Property applicable to the Relief of the Poor, so far as such Duties, Powers, and Authorities relate thereto,) now vested under any Local Act of Parliament in any Commissioners, or in any Body other than the Vestry of such Parish, or in any such Officer, shall cease to be so vested, and shall, save as herein otherwise provided, become vested in and be performed and exercised by the Vestry of such Parish (b) under this Act; and all the Duties, Powers, and Authorities for or in relation to the paving, lighting, watering, cleansing, or improving of any Parish included in any District mentioned in Schedule (B.) to this Act, or any Part of such Parish, now vested in any Commissioners, Vestry, or other Body, or in any Officer of any Commissioners, or other Body, and all other Duties, Powers, and Authorities in anywise relating to the Regula (a) Short Title. The Metropolis Management Act, 1855." See Short Titles Act, 1896, s. 1. (b) Now Metropolitan Borough Council. See London Government Act, 1899, S. 4. P. 483. As to Westminster, Council of City of Westminster. See London Gazette, October 30, 1900, as to Letters Patent constituting Westminster a City: 18 & 19 Vict., Cap. 120. Vestry (a) or District Board (a) to cause Streets to be paved. Notice to be given by tion, Government, or Concerns of any such Parish, or Part, or of the Inhabitants thereof (except such Duties, Powers, and Authorities as relate to the Affairs of the Church, or the Management or Relief of the Poor, or the Administration of any Money or other Property applicable to the Relief of the Poor, so far as such Duties, Powers, and Authorities relate thereto), now vested under any Local Act of Parliament in any Commissioners, Vestry, or other Body, or in any such Officer, shall cease to be so vested, and shall, save as herein otherwise provided, become vested in and be performed and exercised by the Board of Works for such District (a); and the Provisions of every such Act of Parliament as aforesaid shall be applicable to the Vestry (a) of every Parish mentioned in the said Schedule (A.) and to every such District Board (a) accordingly, and the Offices of all Commissioners and Persons whose Powers are determined by this Act shall cease and be determined, and there shall be no new Appointment or Election to any such Office. *** XCVIII. It shall be lawful for every Vestry (a) and District Board (a) from Time to Time to cause all or any of the Streets within their Parish or District, or any Part thereof respectively, to be paved or repaired when and as often and in such Form and Manner and with such Materials as such Vestry or Board think fit, and to cause the Ground or Soil thereof to be raised or lowered, and the Course of the Channels running in, into, or through the same to be turned or altered, in such Manner as they think proper, and to alter the Position of any Mains or Pipes in or under such Street, such Alteration to be made subject to the Approval of the Engineer of the Company to which such Mains or Pipes belong. [For corresponding provision applicable to City of London, see City of London Sewers Act, 1848, s. 120, p. 93.] *** 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 Vestry (a) or District Board (a) of any Parish or District, for the Purpose of making and laying down any Main of Pipes or for any other Purpose whatsoever, except in Cases required to be of Emergency arising from Defects in Pipes or other Works, Companies to Vestries (a) and District Boards (a) when Pavement, &c. is taken up. without having previously given Three clear Days Notice in Writing to such Vestry (a) or District Board, (a) stating (a) Now Borough Council. See note (b), p. 115. Cap. 120. in such Notice the Name of the Street and the particular 18 & 19 Vict., 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 (a) or District Board (a); and no such Pavement, Soil, or Surface shall be broken up or opened for the Purpose of laying down any 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 (a) or District Board (a); 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 Fipes, without the Consent in Writing of the said Vestry (a) or District Board (a); and every Company or Person offending against this Enactment shall for every such Offence forfeit a Sum not exceeding Five Pounds, and shall within Twenty-four Hours after Notice in Writing from the Vestry (a) or District Board, (a) cause such Mains or 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 (a) or District Board, (a) 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. [For corresponding provision applicable to City of London, see City of London Sewers Act, 1848, s. 134, P. 94.] CX. Whenever it is necessary, from any Cause whatever, for any Company or Person to break up or open the Pavement, Surface, or Soil of any Street, such Street, and the Pavement, Surface, and Soil thereof, shall be broken up and opened under the Superintendence of the Vestry (a) or District Board (a) 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; and such Company or Person shall with all convenient Speed complete the Work on account of which the same is broken up or opened, and fill in the Ground and make good the (a) Now Borough Council. See note (b), p. 115. Streets not to be broken up, except under tendence of the SuperinVestry (a) or Board (a). Streets broken up to be rein stated without Delay. 18 & 19 Vict., Cap. 120. Penalty on to prevent Accidents. 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. [For corresponding provisions applicable to City of London, see City of London Sewers Act, 1848, ss. 135, 136, p. 94] CXI. If any Company or Person authorized to break Persons taking up or open any of the Pavement or Surface of any Street, up Pavements for the Purpose of laying, altering, or repairing any Gas, neglecting to reinstate them, Water, or other Pipe, or other lawful Cause, do not with and to place due Diligence cause the Ground to be filled in, and the Lights during Pavement to be reinstated, and the Surface to be made the Night-time 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 Five Pounds, and also a further Sum not exceeding Forty Shillings for every Day during which such Offence continues; and 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 (a) or Board. (a) Vestry (a) or Board (a) to direct pave. ments injured by Water or Gas Pipes to be repaired by Company Penalty for [For corresponding provision applicable to City of London, see City of London Sewers Act, 1848, s. 138, p. 95.] CXII. In case any Part of the Pavement of any Street be sunk, broken, injured, or damaged by reason of the breaking, bursting, or Want or Repair of any Pipe belonging to any Water, Gas, or other Company, it shall be lawful for the Vestry (a) or District Board (a) of the Parish or District in which such Pavement is situate, if they deem it 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 given do not, within Forty-eight Hours next after such (a) Now Borough Council. See note (b), p. 115. |