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
“When any street within any urban district, not being a highway
repairable by the inhabitants at large, has been sewered, levelled,
paved, flagged, metalled, channelled and made good and provided with
proper means of lighting to the satisfaction of the urban authority,
such authority may if they think fit, by notice in writing put up in any
part of the street, declare the same to be a highway, and thereupon the
same shall become a highway repairable by the inhabitants at large, and
every such notice shall be entered among the proceedings of the urban
authority.
“Provided that no such street shall become a highway so repairable if
within one month after such notice has been put up, the proprietor or
the majority in number of proprietors of such street, by notice in
writing to the urban authority, object thereto, and in ascertaining such
majority, joint proprietors shall be reckoned as one proprietor” (38 &
39 Vic. c. 55, s. 152).
The necessary notices in conformity with this section are usually
prepared by the town clerk, so that the town surveyor has nothing to do
with this proceeding except to maintain the street after it has been
declared a highway repairable by the inhabitants at large, in the same
manner as he does the rest of the public streets within his district.
There is still one other clause of the Public Health Act 1875, which
deals with the question of private roads, and it is as follows:
“Any urban authority may agree with any person for the making of roads
within their district for the public use through the lands and at the
expense of such person, and may agree that such roads shall become and
the same shall accordingly become on completion, highways maintainable
and repairable by the inhabitants at large within their district; they
may also with the consent of two-thirds of their number agree with such
person to pay and may accordingly pay any portion of the expenses of
making such roads” (38 & 39 Vic. c. 55, s. 146).
This clause is very explicit and requires no comment, it would however
be much better for the urban authority in contemplating a case of this
description to execute the necessary works themselves and agree with the
person about the expense, for if they are intended to be afterwards
taken over it is to be feared that the roads would be very improperly
constructed in the first place by the person intending to hand them
over. It must be noted that the word “roads” is used in the above clause
instead of “streets” as in the other clauses I have quoted, and also
that the word “maintainable” is added to repairable.
Street is the term legally used in the Public Health Act 1875, and is
thus defined:
Public-domain text, read in full here on John Shaqi.
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