Private Street Works Act 1892
| Jurisdiction | UK Non-devolved |
| Citation | 1892 c. 57 |
| Year | 1892 |
Private Street Works Act, 1892,
(55 & 56 Vict.) CHAPTER 57.
An Act to amend the Public Health Acts in relation to Private Street Improvement Expenses.
[28th June 1892]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title, construction, and extent.
1. This Act may be cited as thePrivate Street Works Act, 1892,and shall be construed as one with the Public Health Acts, and shall extend only to England; and this Act and the Public Health Acts may be cited together as the Public Health Acts.
2 Adoption of Act.
2. This Act shall extend and apply to any urban sanitary district in which it is respectively adopted under the provisions of this Act.
3 Adoption of Act by urban authorities.
3. The following provisions shall have effect with regard to the adoption of this Act by urban authorities:
(1) (1.) The adoption shall be by a resolution passed at a meeting of the urban authority; and one calendar month at least before such meeting special notice of the meeting, and of the intention to propose such resolution, shall be given to every member of the authority, and the notice shall be deemed to have been duly given to a member of it if it is either—
(a. ) Given in the mode in which notices to attend meetings of the authority are usually given; or
(b. ) Where there is no such mode, then signed by the clerk of the authority, and delivered to the member or left at his usual or last known place of abode in England, or forwarded by post in a prepaid registered letter, addressed to the member at his usual or last known place of abode in England.
(2) (2.) Such resolution shall be published by advertisement in some one or more newspapers circulating within the district of the authority, and by causing notice thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually fixed, and otherwise in such manner as the authority think sufficient for giving notice thereof to all persons interested, and shall come into operation at such time not less than one month after the first publication of the advertisement of the resolution as the authority may by the resolution fix, and upon its coming into operation this Act shall extend to that district.
(3) (3.) A copy of the resolution shall be sent to the Local Government Board.
(4) (4.) A copy of the advertisement shall be conclusive evidence of the resolution having been passed, unless the contrary be shown; and no objection to the effect of the resolution on the ground that notice of the intention to propose the same was not duly given, or on the ground that the resolution was not sufficiently published, shall be made after three months from the date of the first publication of the advertisement.
4 Local Government Board may extend Act to rural districts.
4. The Local Government Board may declare that the provisions contained in this Act shall be in force in any rural sanitary district, or any part thereof, and may invest a rural sanitary authority with the powers, rights, duties, capacities, liabilities, and obligations which an urban authority may acquire by adoption of this Act, in like mariner and subject to the same provisions as they are enabled to invest rural sanitary authorities with the powers of urban sanitary authorities under the provisions of section two hundred and seventy-six of the Public Health Act, 1875.
5 Interpretation.
5. In this Act, if not inconsistent with the context,—
The expression ‘urban authority’ means an urban sanitary authority under the Public Health Acts.
The expressions ‘urban sanitary district’ and ‘rural sanitary district’ mean respectively an urban sanitary district and a rural sanitary district under the Public Health Acts, and ‘district’ means the district of an urban sanitary authority or of a rural sanitary authority, as the case may require.
The expressions ‘surveyor,’‘lands,’‘premises,’‘owner,’‘drain,’‘sewer,’ have respectively the same meaning as in the Public Health Acts.
The expression ‘street’ means (unless the context otherwise requires) a street as defined by the Public Health Acts, and not being a highway repairable by the inhabitants at large.
Words referring to ‘paving, metalling, and flagging’ shall be construed as including macadamising, asphalting, gravelling, kerbing, and every method of making a carriageway or footway.
6 Private street works.
(1)6.—(1.) Where any street or part of a street is not sewered, levelled, paved, metalled, flagged, channelled, made good, and lighted to the satisfaction of the urban authority, the urban authority may from time to time resolve with respect to such street or part of a street to do any one or more of the following works (in this Act called private street works); that is to say, to sewer, level, pave, metal, flag, channel, or make good, or to provide proper means for lighting such street or part of a street; and the expenses incurred by the urban authority in executing private street works shall be apportioned (subject as in this Act mentioned) on the premises fronting, adjoining, or abutting on such street or part of a street. Any such resolution may include several streets or parts of streets, or may be limited to any part or parts of a street.
(2) (2.) The surveyor shall prepare, as respects each street or part of a street,—
(a. ) A specification of the private street works referred to in the resolution, with plans and sections (if applicable);
(b. ) An estimate of the probable expenses of the works;
(c. ) A provisional apportionment of the estimated expenses among the premises liable to be charged therewith under this Act.
Such specification, plans, sections, estimate, and provisional apportionment shall comprise the particulars prescribed in Part I. of the Schedule to this Act, and shall be submitted to the urban authority, who may by resolution approve the same respectively with or without modification or addition as they think fit.
(3) (3.) The resolution approving the specifications, plans, and sections (if any), estimates, and provisional apportionments, shall be published in the manner prescribed in Part II. of the Schedule to this Act, and copies thereof shall be served on the owners of the premises shown as liable to be charged in the provisional apportionment within seven days after the date of the first publication. During one month from the date of the first publication the approved specifications, plans, and sections (if any), estimates, and provisional apportionments (or copies thereof certified by the surveyor), shall be kept deposited at the urban authority offices, and shall be open to inspection at all reasonable times.
7 Objections to proposed works.
7. During the said month any owner of any premises shown in a provisional apportionment as liable to be charged with any part of the expenses of executing the works may, by written notice served on the urban authority, object to the proposals of the urban authority on any of the following grounds; (that is to say,)
For the purposes of this Act joint tenants or tenants in common may object through one of their number authorised in writing under the hands of the majority of such joint tenants or tenants in common.
8 Hearing and determination of objections.
(1)8.—(1.) The urban authority at any time after the expiration of the said month may apply to a court of summary jurisdiction to appoint a time for determining the matter of all objections made as in this Act mentioned, and shall publish a notice of the time and place appointed, and copies of such notice shall be served upon the objectors; and at the time and place so appointed any such court may proceed to hear and determine the matter of all such objections in the same manner as nearly as may be, and with the same powers and subject to the same provisions with respect to stating a case, as if the urban authority were proceeding summarily against the objectors to enforce payment of a sum of money summarily recoverable. The court may quash in whole or in part or may amend the resolution, plans, sections, estimates, and provisional apportionments, or any of them, on the application either of any objector or of the urban authority. The court may also, if it thinks fit, adjourn the hearing and direct any further notices to be given.
(2) (2.) No...
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