“No such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, be opened or broken up except under the superintendence of the persons having the control or management thereof, or of their officer, and according to such plan[128] as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, as shall be determined by two justices; and such justices may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the undertakers to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain. Provided always, that if the persons having such control or management as aforesaid, and their officer fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having such notice of the intention of the undertakers as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the undertakers may perform the work specified in such notice without the superintendence of such persons or their officer” (10 & 11 Vic. c. 17, s. 31).
There are several points to which it is necessary to draw attention whilst considering the above clause. I am afraid that the “attendance” of the surveyor “at the time fixed for the opening” or even of one of his assistants could not always be managed, nor would it be practicable to prepare a “plan” for every opening that might be made by a gas or water company for new services, leaks in mains, &c.; but where it is proposed to carry out any extensive works, such as laying a considerable length of new main or removing an old one, it is certainly necessary that there should be some “plan” of the manner in which such work is proposed to be carried out by the company.
On referring to the clause it is evident that the first “plan” mentioned must be prepared by and on behalf of the company proposing to carry out the work, and this plan must show the exact position on each street of the proposed excavations, and their depth, &c., which “shall be approved of by such persons (having the control of the streets) or their officer,” their officer really being the surveyor.
Lower down in the clause another “plan” is referred to in the following words: “or shall not propose any plan for breaking up or opening the same.” This plan, or more correctly speaking, a specification of the manner in which the company shall proceed with the work, must be prepared by the surveyor, and if it meets with the approval of his corporation it can be enforced.
In order to assist town surveyors who may be required to act under this clause, I now give a verbatim copy of a “plan” or specification under which I compelled a gas company to work after they had given me the usual statutory notice of their intention to break up certain macadamised streets for the purpose of removing some disused mains.
Plan of the manner in which the Gas Light and Coke Company shall take up and remove the old mains in street, commencing at or near street.
A trench to be excavated of not greater width than inches and of no greater length than feet at a time.
Great care must be taken to keep the top facing metal separate from the lower formation of the roadway, so that they may not become mixed together; no metal is on any account to be removed from the street.
The mains must be taken up with all possible speed and instantly conveyed away, without being allowed to remain at the sides of the streets.[129]
The trench to be then at once filled in, care being taken to replace all the materials of which the roadway is formed in their proper positions. All extra filling in that may be required owing to the removal of the mains shall be done on the surface with the best stone, broken so as to pass all ways through a ring of 2¹⁄₂ inches internal diameter, the top of the trench being always kept flush with the surface contour of the roadway. No earth, rubbish, or other material shall be allowed to be brought on to the ground by the gas company for the purpose of filling in, nor shall any material of any kind be allowed to be brought from any other excavations that may be being made by the gas company in other parts of the town for the purpose of laying or removing mains.