waterclosets, privies, ashpits, and cesspools in connexion with buildings, and to the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation: And they may further provide for the observance of the same by enacting therein such provisions as they think necessary (ƒ). As to the giving of notices, As to the deposit of plans and sections by persons intending to lay out streets or to construct buildings, As to inspection by the local board, And as to the power of the local board to remove, alter, or pull down any work begun or done in contravention of such byelaws (g): Provided always, that no such byelaw shall affect any building erected before the date of the constitution of the district (h): But for the purposes of this Act the re-erecting of any building pulled down to or below the ground floor, or of any frame building of which only the frame-work shall be left down to the ground floor, or the conversion (f) The board cannot make a byelaw to prevent the building of a house within the month after the sending in plans. Hattersley, appt., Burr, resp., 14 L. T. (N. s.) 565; 12 Jur. (N. s.) 894; 4 H. & C. 523. Though if it be built in contravention of their byelaws they may order it to be altered or pulled down. See as to a similar provision in a local Act, Pearson v. The Kingstonupon-Hull Local Board, 3 H. & C. 921; 35 L. J. M. C. 36. (g) It is to be observed that notice must be given to the person erecting the building before the local board can demolish the same. Cooper v. Wandsworth Board of Works, 14 C. B. (N. s.) 180; 9 Jur. 1135. (h) See ante, sect. 20. This proviso extends to the subject of the byelaws which relate to the prohibition of use for habitation. Burgess v. Peacocke, 10 Jur. (N. s.) 803; 16 C. B. (N. s.) 624. A local board made a byelaw that if any owner should construct any works or do any act or omit to do any act or comply with their requirements, or make any alteration in any works after they have been completed, whether in new or existing buildings, contrary to the provisions therein contained, the board might cause such works to be removed, and it was held to be invalid. Brown v. Local Board of Holyhead, 1 H. & C. 601. Young v. Edwards, 33 L. J. M. C. 227. into a dwelling-house of any building not originally con- POWERS FOR REGULATION OF BUILDINGS. houses taken board may XXXV. When any house (k) or building has been taken When down, in order to be rebuilt or altered, the local board may down, local prescribe (1) the line in which any house or building to be prescribe bereafter built shall be erected, and the same shall be erected same shall in accordance therewith (m); (i) The byelaw of a local board provided that every building to be erected and used as a dwelling-house should have an open space exclusively belonging to it. The proprietor of a house, erected before the constitution of the local board, which had a coach house and stable attached to it, pulled down the coach house and stable, and erected a building partly thereon and partly on an adjoining piece of land opening into an old back street, the access to the old building being by a covered way, and it was held not to be a new building within the meaning of this Act, but only an addition to an old building. Sheil v. The Mayor of Sunderland, 6 H. & N. 769; 30 L. J. M. C. 215. For the interpretation of similar provisions in a local Act, see Pearson v. Kingtson-upon-Hull Local Bord, ubi supra. (k) See in 11 & 12 Vict. c. 63, s. 2, ante, the definition of a house, and as to this provision generally, see 10 & 11 Vict. c 34, s. 68, in the Appendix, post. line in which be rebuilt. (1) Independently of this power given to the local board, the 24 & 25 Vict. c. 61, contains the following provision in sect. 28, "It shall not be No house to lawful at any time or times hereafter, within the district of any local be brought forward board, to bring forward any house or building forming part of any street, without conor any part thereof, beyond the front wall of the house or building on sent of local either side thereof, nor to build any addition thereto beyond the front of board. such house or building on either side of the same as aforesaid, without the previous consent of such local board." The violation of this enactment subjects a person to an indictment for a misdemeanor. A case of a prosecution has accordingly occurred, see Reg. v. Fulford, 10 L. T. (N. S.) 346; 33 L. J. M. C. 122, where however it was held that for the purposes of the clause to constitute a street, there must be a row of houses continuous and approximate to each other (m) When the local board have, under the provisions of the last section, approved of plans of works, they cannot take proceedings under this section, which would set that approval aside. Slee v. Mayor of Bradford, 8 L. T. (N. 8.) 491; 9 Jur. (N. s.) 815; 4 Giff. 262. Local board may purchase premises for purpose of And the local board shall pay or tender compensation to the owner (b) or other person immediately interested in such house or building for any loss or damage he may sustain in consequence of his house or building being set back, the amount of such compensation, in case of dispute, to be settled in the same manner (c) as compensation for land to be taken under the provisions of "The Lands Clauses Consolidation Act, 1845," is directed to be settled: And all the provisions of the said last-mentioned Act relating to the purchase of lands shall apply to the payment made for such loss or damage as if it were a purchase under such Act. XXXVI. The local board may, with the sanction of one of Her Majesty's principal secretaries of state (d), purchase any premises for the purpose of making new streets, and making new shall have with regard to premises so purchased all the powers given by the seventy-third section of the Public Health Act, 1848 (€). streets. Cost of highway repair to be de Powers of HIGHWAY REPAIRS. XXXVII. "And whereas doubts have arisen as to the rate out of which the repair of highways is to be provided (b) See the definition of this word, 11 & 12 Vict. c. 63, s. 2, ante. (c) The provision in 11 & 12 Vict. c. 63, s. 123, ante, is thus superseded in respect of this matter. (d) This sanction may be given by a letter from the secretary of state or the assistant secretary. See Arnold v. Mayor of Gravesend, 25 L. J. Ch. 776. (e) The 11 & 12 Vict. c. 63, s. 73, ante, only applied to the widening or improving an existing street; the present clause enables the local board to make new streets. That section is however unqualified, whereas by the section in the text, the sanction of the secretary of state is required. It is presumed that the sanction is required as a condition precedent to the payment of the purchase-money. Refer further to 10 & 11 Vict. c. 34, s. 68, post, in the Appendix, and 29 & 30 Vict. c. 90, s. 47, in note on section 76, post. It is to be noticed that the 24 & 25 Vict. c. 61, s. 22, has enacted local boards generally that "local boards shall have the same powers with regard to for in districts (f) under the Public Health Act, 1848 :" (g) frayed out of paving, water supply, and (h) sewerage, or to works district certain cases. levy high certain places. (2.) Where parts of a district are not rated for works of Powers to paving, water supply, and sewerage, or for such of way rates in these purposes as have been provided for by rate in the district, the cost of the repair of highways in the same parts shall be defrayed out of a highway rate (i) to be separately assessed and levied in the same parts any lands purchased by them under or for the purposes of The Local with respect Government Act (1858),' or any Act incorporated therewith, which they to land now have with regard to lands purchased for the purpose of making or purchased enlarging streets under the powers of the said Act." (ƒ) The 11 & 12 Vict. c. 63, s. 2, ante, contains a definition of the word district. under 21 & 22 Vict, c, 98. (g) See note on 11 & 12 Vict. c. 63, s. 117, ante. This enactment had a retrospective as well as a prospective operation. The special limitation should be noted, because it is not proposed to interfere with special arrangements applicable to particular districts. It is here to be noticed that the statute, 25 & 26 Viet. c. 61, which constituted Highway Boards for the repair of highways in combined or united parishes, contained in sect. 7, an exception of all places where a local board had been constructed under the 11 & 12 Vict. c. 63, or 21 & 22 Vict. c. 98. See the subsequent note on this section. But the 26 & 27 Vict. e. 17, s. 6, has enacted that, "where any district under the Public Health vernment Act, 1848, and the Local Government Act 1858, or either of such Acts, Act districts or any other place, is surrounded by or adjoins a highway district con- to be within stituted under the Highway Acts, such first-mentioned district or other highway district for purplace shall for the purpose of any meeting of the highway board be deemed to be within such highway district." Local Go pose of high way meet (h) Note the copulative. If the whole of the district be rated to ings. (i. e. for) some but not all of those purposes, yet if some are provided for the whole district, the charge will be upon the general district rate; when there is a part, which is not liable to any general rate for any of the purposes specified, a highway rate is to be levied. (1) This means a rate made and levied according to the provisions of 5 & 6 Will. 4, c. 50. Provision for repair of highways in parts of parishes or townships not included in districts under Local Government by the local board as surveyor of highways (k), and the cost of such repair in the residue of the district shall be defrayed out of the general district rate (1): (3.) Where no public works of paving, water supply, and sewerage are established (m) in the district, the repair of highways in the district shall be provided for by a highway rate, to be levied over the whole district by the local board as surveyors of highways: (4.) (n) Where part of any township or place, at the time of the application of this Act to any district, shall be liable to contribute and (k) According to 11 & 12 Vict. c. 63, s. 117, ante. The case of Richardson v. Tubbs, 4 C. B. 304, has some bearing upon this provision, though the grievance there complained of appears to be remedied by the enactment in the text. (1) See 11 & 12 Vict. c. 63, s. 89, ante, which enables a local board to make separate assessments upon parts of the district. It is to be observed that this clause renders it discretionary with the local board to make separate rates, so that if they decline to do so there will be some difficulty in carrying out the provision of the above clause. It is clear that a general district rate must be levied for some purposes of a character affecting the whole of the district, such as the providing for the expenses of the election, the payment of the officers, and the general expenses of the board. That must come from the whole of the district, and is to bear the charge of certain highway repairs. How can parts of the district be preveuted from bearing this charge in addition to their own? What is a general district rate which is in fact confined to a part of the district? (m) It will not fail to be noticed that in this paragraph there is a departure from the two previous ones. They referred to the assessments, here reference is made to the establishment of the works. The works may have been completed, or may be in the course of being executed, and there may be no assessment. The actual meaning of the Legislature is not easily to be elicited, but most probably the paragraph means where there is no assessment for any such public works. (n) This subdivision, No. 4, is repealed by the 24 & 25 Vict. c. 61, s. 9, and in lieu thereof the following is enacted:(1.) Where part of a township, or place not comprised within any district in which the said "Local Government Act, (1858)" is in force, (and which part is hereinafter referred to as "the excluded part),' was before the said Act came into force in such district, liable to contribute to the highway rates for such township or place, such excluded part, shall, for all purposes connected with the repairs of highways and the payment of highway rates, be considered to be and be treated as if forming part of such district: Act as herein (2.) It shall be lawful for a meeting of ratepayers of the excluded part (to be convened and conducted in the manner prescribed by the thirteenth section of the said Local Government Act, (1858), with stated. |