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
Wherefore take notice that I the undersigned, being the surveyor of
the said urban sanitary authority, in pursuance of the statutes in
that case made and provided, do hereby apportion the sum of
pounds, shillings and pence as the proportion of the
said sum of pounds, shillings and pence, to be
paid by you as such owner aforesaid, such apportionment being
according to the frontage of your said premises, fronting, adjoining
or abutting upon the said street or highway.
Further take notice that the aforesaid apportionment will be binding
and conclusive upon you unless within the period of three months from
the day of the date of this notice you shall by written notice to the
said urban sanitary authority dispute the same.
Dated this day of , 18 .
______________________________
_Surveyor to the said Urban Sanitary Authority._
______________________________
_Clerk of the said Urban Sanitary Authority._
There seems to be no power on the part of any owner to dispute the
question as to whether the works carried out have been necessary or not,
or whether the cost of the works have been excessive; the only point
upon which they can go to arbitration is that as to whether the
proportion settled by the surveyor is accurate or not, and this point
the arbitrator is left to decide.
It must not be lost sight of that there is a clause in the Public Health
Act 1875, which makes the expenses so settled by the surveyor very
binding upon the owner of the property in question, unless he appeals
within three months from the service of the notice, as the following
extract from the clause will show:
. . . “Where such expenses have been settled and apportioned by the
surveyor of the local authority as payable by such owner, such
apportionment shall be binding and conclusive on such owner, unless
within three months from service of notice on him by the local authority
or their surveyor of the amount settled by the surveyor to be due from
such owner, he shall by written notice dispute the same” . . . (38 & 39
Vic. c. 55, s. 257)[152] and it must also be borne in mind that the
person from whom these expenses may be recovered “is the owner of the
premises at the time when the work was done, not the owner to whom
notice requiring the work to be done may be given” (_vide_ Fitzgerald’s
Public Health Act, p. 301, 3rd edition); so that the town surveyor must
be very careful to make sure that any of the property abutting on the
street has not changed hands before he commences the work.
After the 150th section of the Public Health Act has been carried out
and a private street has been thus put into thorough repair, the urban
authority may take possession of it and declare it to be a highway
repairable by the inhabitants at large; the following section of the Act
gives the modus operandi necessary to effect this:
Public-domain text, read in full here on John Shaqi.
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