Towns Improvement Clauses Act 1847

10 & 11 Vict. c. 34 · Enacted 21 June 1847 · Extends to United Kingdom

Contents

1. 1Extent of Act.
2. Interpretations in this Act
3. 2“the special Act:” “prescribed:” “the commissioners.”
4. 3Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “Street:” “Month:” “Justice:” “Two Justices:” “Owner:” “Cattle:”
5. Citing the Act
6. 4Short title of this Act.
7. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
8. Officers
9. 6Until an inspector is appointed under some general Act, execution of works may be proceeded with without his approval.
10. 7—12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
11. Surveys and plans
12. 13Commissioners to cause a map of the district within the limits of the special Act to be made, and to be open to inspection.
13. 14Ordnance may furnish commissioners with maps, or cause surveys to be made.
14. 15Level lines to be marked on map, and bench marks to be made for denoting the same.
15. 16Commissioners may cause maps to be engraved, &c., and pay expences out of rates.
16. 17Commissioners to cause plans to be prepared of alterations of new works or alterations of existing works.
17. 18Before giving notice of construction of works, plans to be prepared and deposited in the office of the commissioners.
18. Lands
19. 19The taking of lands to be subject to the provisions of this Act and the Lands Clauses Consolidation Act 1845.
20. 20Errors and omissions in plans, &c. may be corrected by justices, who shall certify the same. Certificate to be deposited.
21. 21Commissioners to make compensation for damage done. If parties cannot agree as to compensation, the same to be determined in manner provided by 7 & 8 Vict. c. 18.
22. Sewers
23. 22Management of sewers and other works vested in the commissioners.
24. 23Drainage districts to be formed, subject to approval of inspector.
25. 24Power to commissioners to construct sewers where none exist, making compensation to owners of property.
26. 25Commissioners may alter sewers from time to time.
27. 26Commissioners not to destroy existing sewers, &c. without providing others. Penalty for neglect.
28. 27Commissioners to cause estimates to be prepared and submitted to the inspector.
29. 28As to the expence of making new sewers.Where lands, &c. were sufficiently drained before making new sewer, occupier to have a reduction made in his rates.
30. 29As to the expence of maintaining sewers, &c.
31. 30Penalty for making unauthorized drains.
32. 31Vaults and cellars under streets not to be made without the consent of the commissioners.
33. 32Streets may be stopped for repairs.
34. 33All sewers, &c. to be covered with traps.
35. 34Sewers may be used by owners and occupiers of land beyond limits of town or district.
36. House drains
37. 35Commissioners empowered to construct drains from houses, charging owner, &c. with the expence.
38. 36No house to be hereafter built without drains being constructed.
39. 37Where houses are rebuilt, the level shall be sufficient to allow a drain to be constructed.
40. 38Notice of buildings and rebuildings to be given to the commissioners.
41. 39Commissioners may signify disapproval within fourteen days.
42. 40Houses built without notice, or contrary to provisions of this or the special Act, may be altered.
43. 41If commissioners fail to signify their approval, &c. within fourteen days, parties may proceed without.
44. 42Commissioners may require owners of houses to provide privies and ashpits for the same.
45. 43Penalty for neglecting to provide privy, &c.
46. 44Drains, privies, and cesspools to be kept in good order by owners.If owners neglect, commissioners may cause the same to be done, and charge the owners with the expence.
47. 45As to the inspection of drains, privies, and cesspools.
48. 46Penalty on persons making or altering drains, &c. contrary to the orders of the commissioners.
49. Paving
50. 47Management of streets vested in the commissioners.
51. 48, 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
52. 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
53. 51Power for the commissioners to pave public streets.
54. 52Commissioners may place fences to footways.
55. 53Where public streets have not heretofore been paved, commissioners may cause them to be paved, at the expence of the occupiers of adjoining lands.
56. 54Future streets may be declared highways.
57. 55Commissioners, upon completion of two thirds of any street, may upon application require remaining one third to be completed by owners of houses.
58. 56Penalty on persons altering pavements without the consent of the commissioners.
59. New streets
60. 57Notice of intention to lay out new streets to be given to commissioners.
61. 58Levels to be fixed by the surveyor to the commissioners.
62. 59If the commissioners fail to fix the level, the party may proceed without.
63. 60Persons laying out streets without notice to be liable to the expences of subsequent alterations of levels.
64. 61Situation of gas and water pipes to be altered at the expence of the commissioners.
65. 62If gas or water company neglect to make the alteration, the commissioners may cause the same to be done.
66. 63As to the width of new streets.
67. Naming streets
68. 64Houses to be numbered and streets named.
69. 65Numbers of houses to be renewed by occupiers.
70. 66—74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
71. Ruinous or dangerous buildings
72. 75Ruinous or dangerous buildings to be taken down or secured by owners, &c. If owner, &c. neglect to repair, commissioners may cause the same to be done, charging owner, &c. with the expences.
73. 76The expences to be levied by distress on the owner.
74. 77If owner cannot be found, commissioners may take the house or ground, making compensation provided by 7 & 8 Vict. c. 18.
75. 78Commissioners may sell the materials, restoring to the owner the overplus arising from the sale.
76. 79—83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
77. Objections to works
78. 84Commissioners to give notice of new levels of sewers.
79. 85Meeting of commissioners to hear objections in the presence of the inspector.
80. 86Persons aggrieved by order of commissioners may appeal to quarter sessions.
81. Cleansing streets
82. 87Commissioners to cause streets to be cleansed, and dust and ashes to be removed from the houses.
83. 88Occupiers to cause footways to be swept. Penalty for neglect.
84. 89Commissioners may compound for sweeping footways.
85. 90Dust, &c. collected to be vested in the commissioners.
86. 91Commissioners may provide lands, &c. for deposit of soil and materials.
87. 92Dust boxes to be erected by commissioners.
88. 93Commissioners may cause public conveniences to be erected.
89. 94Commissioners to cause streets to be watered, and wells, pumps, &c. to be provided.
90. 95Commissioners to appoint scavengers.
91. 96Penalty for obstructing scavengers.
92. 97Penalty on persons other than scavengers removing dirt.
93. 98Penalty for conveying offensive matter at improper times.
94. Nuisances
95. 99Stagnant pools of water and other annoyances to be removed.
96. 100Regulations to prevent accumulation of dung, &c.
97. 101On certificate of the officer of health, filth to be removed.
98. 102Houses to be whitewashed and purified, on certificate of officer of health, &c.
99. 103No interment in any grave without leaving two feet six inches clear of soil above the coffin.
100. 104Justices may order nuisances to be abated.
101. 105Penalty for disobedience of orders of justices.
102. 106Commissioners to order costs of prosecutions to be paid out of the rates.
103. 107Act not to affect nuisances at common law.
104. 108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
105. Fire
106. 109Party walls to be carried up through the roof.Walls of buildings and coverings of roofs to be made of incombustible materials.
107. Ventilation
108. 110Regulating construction of buildings intended as places for public meetings. No person to begin to build until plan has been approved by commissioners.
109. 111If commissioners fail to signify their approval of plan within fourteen days, party may proceed to build.
110. 112Persons may appeal against determination of commissioners.
111. 113Cellars in courts not to be occupied as dwellings, after letting prohibited.
112. 114No cellars under the height of seven feet from the floor to the ceiling to be let as dwellings.
113. 115Penalty on letting such cellars as dwelling places.
114. Lodging houses
115. 116For the regulation and inspection of lodging houses.
116. 117Commissioners to keep a register of lodging house keepers, and make rules for promoting cleanliness and ventilation.
117. 118Penalty on lodging house keepers not complying with the provisions of the Act.
118. Lighting
119. 119Commissioners may contract for lighting the streets.
120. 120For ascertaining price to be paid for gas, in case of dispute.
121. Water
122. 121Power to commissioners to construct public cisterns and pumps for supply of water to baths and wash-houses. Commissioners not to construct such new works without approval.
123. 122Commissioners may contract for supply of water.
124. 123For ascertaining price to be paid for water in case of dispute.
125. 124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
126. Slaughter-houses
127. 125Commissioners may license slaughter-houses, &c.
128. 126No new slaughter-houses in future to be erected without a licence.
129. 127Existing slaughter-houses, &c. to be registered.
130. 128Commissioners may make byelaws for regulation of slaughter-houses, &c.
131. 129Justice may suspend licence of slaughter-houses, &c. in addition to penalty imposed.
132. 130Penalty for slaughtering cattle during suspension of licence, &c.
133. 131Officers may enter and inspect slaughter-houses, &c.
134. Special order
135. 132As to certain matters authorized to be done by the commissioners by special order only.
136. 133Final resolution not to be carried into effect for one month, nor then if a majority of the ratepayers remonstrate against the same.
137. 134Commissioners may purchase slaughter-houses, &c.
138. 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
139. 136Public bathing places and drying grounds.
140. 137Proportion of baths for the working classes.
141. 138Charges for the use of baths.
142. 139Recovery of charges for the use of baths, &c.
143. 140Publication of byelaws in regard to baths, &c.
144. 141Sale of baths, &c. on discontinuing them.
145. 142Application to be made to Parliament if additional powers necessary.
146. Clocks
147. 143Power to commissioners to provide public clocks.
148. Execution of works by commissioners
149. 144Commissioners empowered to enter upon lands for the purposes of this Act.
150. 145Penalty on persons obstructing commissioners in their duty.
151. Execution of works by owners
152. 146As to service of notice on owners and occupiers of buildings and lands.
153. 147Commissioners, in default of owner or occupier, may execute works and recover expences.
154. 148Occupier, in default of owner, may execute works, and deduct expences from his rent.
155. 149How expences are to be recovered from owner.
156. 150Power to levy charges on occupier who may deduct the same from his rent.
157. 151Occupier not to be liable for more than the amount of rent due.
158. 152Commissioners may allow time for repayment by owners of improvement expences.
159. 153Proceedings in case of tenants opposing the execution of this Act.
160. 154Respecting existing contracts for building.
161. 155Respecting contracts for leases.
162. Rates
163. 156As to the recovery of private improvement expences.
164. 157Where new sewers are made commissioners may make special sewer rates.
165. 158Commissioners to make a general sewer rate distinct from other rates.
166. 159Commissioners may borrow money by mortgage of sewer rates.
167. 160Sewer rate to be of such amount as to pay off monies borrowed thereon in thirty years.
168. 161Cases where rates may be charged upon separate and distinct districts.
169. 162Rates to be levied on separate and distinct districts.
170. 163Drainage rates.
171. 164Occupiers may deduct a proportion of drainage rate from their rent.
172. 165Landlords being also tenants, may deduct proportion of drainage rate from their rent.
173. 166Limitation of expenditure for house drains, &c.
174. 167Rates to be levied on persons holding, using, or occupying houses, &c. Proportion to be paid by holders of lands, nursery grounds, &c.
175. 168Exemptions from rates.
176. 169Rates may be made prospective or retrospective.
177. 170Commissioners to cause estimates to be prepared before making a rate.
178. 171Notice of rate to be given.
179. 172Form of rate.
180. 173Rate to be open to inspection of ratepayers, who may take copies, &c.
181. 174Rates may be amended.
182. 175Value of property to be ascertained according to poor rate.
183. 176, 177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
184. 178Poor rate to be open to inspection by commissioners.
185. 179Owner of property unoccupied to be assessed to the sewer rate.
186. 180Unoccupied premises to be included in the rates; and if the premises are afterwards occupied, a portion of rates to be paid.
187. 181Owners of property not exceeding 10l. per annum net annual value to pay rates instead of occupier.
188. 182Not necessary to name the owner where unknown.
189. 183Tenants under existing leases to repay the owner.
190. 184Occupiers may be rated if they think fit.
191. Appeal
192. 185Persons aggrieved may appeal to petty sessions on the ground of incorrectness, &c. of valuation.Their decision to be final unless appealed from to quarter sessions.
193. 186Parties may appeal to the quarter sessions against a rate.
194. 187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
195. 188No order of special sessions to be in force pending appeal.
196. 189On appeal, the quarter sessions and petty sessions to have same power of amending and quashing rates, and of awarding costs, as in appeals against poor rates.
197. 190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
198. Recovery of rates
199. 191Rates to be recovered by distress.
200. 192Form of warrant of distress. Constables to assist in making distress.
201. 193Rate books to be evidence.
202. 194Remedy against persons quitting before payment of rates.
203. 195Rates to be apportioned on holder quitting.
204. 196Rates due from owner may be recovered from occupier.
205. 197Occupier not to be required to pay more than the amount of rent owing by him.
206. 198Occupier refusing to give name of owner liable to a penalty.
207. 199Surveyors of highways may proceed for the recovery of arrears of highway rates.
208. 200—208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
209. 209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
210. Recovery of damages and penalties
211. 210Clauses of 8 & 9 Vict. c. 20., as to recovery of damages and penalties incorporated with this and special Act, &c.
212. 211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
213. 212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
214. 213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
215. Access to special Act
216. 214Copies of special Act to be kept by commissioners at their office, and deposited with the clerks of the peace, &c., and be open to inspection.
217. 215Penalty on commissioners failing to keep or deposit such copies.
218. 216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
219. Schedule (A)Form of Rate
220. Schedule (B)
221. Form of Warrant of Distress for the recovery of a Rate