[The Public Health Ordinances, 1907, and Amendments 1914-1922. : City Council Ordinance,1921].

  • Gibraltar.
Date:
[1907-1922]
Catalogue details

Licence: In copyright

Credit: [The Public Health Ordinances, 1907, and Amendments 1914-1922. : City Council Ordinance,1921]. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

    27/212 (page 507)
    63. Before any drain existing on the 5th day of August, 1913, and '■'''''^.'^'^j, then not communicating with any sewer of the Commissioners shall IhXrtTbulaid be made to communicate with any such sewer, the Commissioners may oirh. require the same to be laid open for examination by the Medical Officer 7 Edw. 7. c. 53. of Health, and no such communication shall be made until the Medical ^- Officer of Health shall certify that such drain may properly be made to communicate with such sewer. 64. All branch drains made to communicate with any sewer or drain Branch drains of the Commissioners situated under any public highway, or any other P'''''- place of public or general resort, shall become the property of the illcvmmis'Z'nm Commissioners and be under their control and management, but all and midtr other expenses necessarily incurred by the Commissioners in maintaining in prtiaises in owners, good condition all such branch drains shall be paid by and be recover- able in a summary manner from the owner of the premises. 65. The person required or authorised under any of the provisions of this Ordinance to construct a branch drain may, upon tendering or paying in advance to the Commissioners reasonable compensation (unless the Commissioners shall waive all claim to the same, which they are hereby authorised to waive by notice in writing) open or break up, and relay so much of the streets, or open space as shall lie between the premises and the nearest sewer or drain of the Commissioners, and if necessary any other place or premises, upon tendering or paying in advance reasonable compensation to every other person to whom any damage may result therefrom, unless such other person shall have waived all claim to the same. Power-, to break up streetri, &;c., for jinrpose of coiistrueting branch drains. 66. The amount of compensation payable may be agreed between the Commissioners, or between such other person entitled to such com- pensation, and the person by whom such compensation is to be paid, and if not so agreed such person may tender a reasonable sum, and if such sum shall be refused, such person may make complaint to a Justice, which complaint shall be heard and determined by two Justices, who shall by their order adjudge whether such tender has been made or not, and whether the sum tendered, if any, is reasonable or not, and if not reasonable, or if no such tender has been made, they shall adjudge and order the sum which shall be paid; and if no such tender has been made they shall make no order as to costs, but if a tender of a reason- able sum has been made and refused, they shall adjudge and order that the Commissioners or person by whom the same has been refused, shall pay to the complainant his costs of and occasioned by the said com- plaint, and the hearing and adjudication thereof, and if a sum has been tendered and offered, but the same shall not be reasonable, the cost shall be in the discretion of the Justices. Anionnt of eoni|)ensation how ascertained. 67. Any person who shall open or break up, without having tendered or paid compensation (which shall not have been waived as aforesaid), or who shall neglect to relay any such street or open space, or other place or premises, or who shall do, or cause, any other or greater damage than that for which compensation shall have been paid or tendered as afore- said, and shall on demand, neglect or refuse to pay compensation for the same, shall be liable to a penalty not exceeding £5 together with full compensation to the Commissioners or other party aggrieved. Penalty for not paying- compensation.