The Municipal and Sanitary Engineer's HandbookBoulnois, H. Percy (Henry Percy)
Science
The Municipal and Sanitary Engineer's Handbook
Boulnois, H. Percy (Henry Percy)
Municipal engineering; Sanitary engineering
I beg leave also to give you notice that if you neglect to make the
alteration required within the period specified by this notice, you
render yourself liable to a penalty of 40_s._, and I shall proceed to
make the necessary alterations, and recover the costs and penalties
from you as the law directs.
I am, Sir, your obedient Servant,
______________________________
_Town Surveyor._
To _______________
(4.) _Vault or Cellar Coverings._--
Section 73 of the Towns Improvement Clauses Act 1847 enacts, “When any
opening is made in any pavement or footpath within the limits of the
special Act, as an entrance into any vault or cellar, a door or covering
shall be made by the occupier[139] of such vault or cellar, of iron, or
such other materials, and in such manner as the commissioners direct,
and such door or covering shall from time to time be kept in good repair
by the occupier of such vault or cellar: and if such occupier do not
within a reasonable time make such door or covering, or if he make any
such door or covering contrary to the directions of the commissioners,
or if he do not keep the same when properly made in good repair, he
shall for every such offence be liable to a penalty not exceeding five
pounds.”
Besides the penalty, the person negligently leaving the covering in a
dangerous condition would be liable to an action for damages at the suit
of anyone who had sustained an injury in consequence of the covering
being so kept.[140]
There is another clause incorporated in the Public Health Act 1875 from
the Towns Police Clauses Act 1847 upon this subject, which is as
follows:
“Every person who leaves open any vault or cellar, or the entrance from
any street to any cellar or room underground, without a sufficient fence
or hand rail, or leaves defective the door, window or other covering of
any vault or cellar . . . . shall be liable to a penalty not exceeding
40_s._ for each offence, or in the discretion of the justice before whom
he is convicted may be committed to prison, there to remain for a period
not exceeding 14 days” (10 & 11 Vic. c. 89, s. 28).
But the former section I have quoted is that upon which the town
surveyor generally acts.
In connection with this duty the following is given as a specimen
notice:
SIR,
I beg to call your attention to the fact that the door or covering to
the vault or cellar in your occupation, No. Street, is
not in good repair (and is slippery and dangerous to
foot-passengers),[141] you are in consequence liable to a penalty of
5_l._
I must request you will be good enough to have such door or covering
properly repaired and made good in accordance with the construction
required by law, within days from the date hereof, and in the event of
your failing to do so, proceedings will be taken to enforce the
penalty to which you are liable without further notice.
I am, your obedient Servant,
______________________________
_Town Surveyor_.
Public-domain text, read in full here on John Shaqi.
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