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
Cases of this description are very troublesome to the town surveyor, as
if legal proceedings are to be taken against the offender, it is
necessary for the surveyor to make surveys and drawings of the works as
they are in progress in order to prove his case, and these might extend
over a considerable period of time.[154] In order to make these surveys
it would be necessary for him to enter the premises whilst the works
were in progress, but there does not seem to be any powers conferred on
him by any Act of Parliament for such a purpose, so that really he has
no power to prevent the occurrences I have mentioned.
It must also not be forgotten that what may sometimes appear to be an
entirely new building, may only be an addition to one that existed
before the passing of the Act, and although the new work may be ten
times as large as the old, still much conflicting evidence may be
brought to bear before it can be proved to be a “new building” within
the meaning of the Act.
Turning again to section 159 of the Public Health Act 1875, these words
will be found as defining also what is a new building: “or the
conversion into a dwelling house of any building not originally
constructed for human habitation.”
It would have been better in the interests of sanitation if the Act had
prohibited the conversion of any building at all into a dwelling house
without the approval of the urban authority, for as the law stands at
present, it is open for an owner of property to convert stables or
warehouses, &c., into dwelling houses, by simply asserting and bringing
witnesses or other evidence to prove that they were “originally
constructed for human habitation” irrespective of whether they are
adapted for the purpose or not, thus defeating the intention of the
Public Health Act to secure a better description of dwellings than those
that were erected before the passing of the Act.
When a dispute does arise with anyone as to whether a building comes
within the definition of “new” or not, it is well if possible to agree
upon certain points of fact and upon plans, &c., before the case comes
into court, and then to endeavour to get the magistrates to “view.” This
course if pursued often saves lengthy litigation, and a great waste of
time and money.
With reference to the deposit of plans of new streets or buildings, the
following clause of the Public Health Act 1875 provides that this shall
be done:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account