(5.) Rain-water from Shutes or Down Pipes.—
Water may not be allowed to drip on to the pavements of the streets from the adjoining houses, and the following clause from the Towns Improvement Clauses Act 1847 has been incorporated with the Public Health Act 1875:
“The occupier of every house or building in, adjoining, or near to any street shall, within seven days next after service of an order of the commissioners for that purpose, fit up and keep in good condition a shoot or trough of the whole length of such house or building, and shall connect the same either with a similar shoot on the adjoining house, or with the pipe or trunk to be fixed to the front or side of such building from the roof to the ground, to carry the water from the roof thereof in such a manner that the water from such house or any portico or projection therefrom shall not fall upon the persons passing along the street or flow over the footpath; and in default of compliance with any such order within the period aforesaid, such occupier shall be liable to a penalty not exceeding 40s. for every day that he shall so make default” (10 & 11 Vic. c. 34, s. 74).
In many private Town Improvement Acts, the cost of the repair necessary under an order to do so from the urban authority may be deducted by the occupier from the rent payable to the owner of the premises, thus ensuring the work being done more quickly.
The following is a specimen notice to be served upon the occupier to repair or put new shuting to his house:
I beg to give you notice that the eaves, shuting, or projecting cornice[143] to the house or building No. in your occupation, is out of repair. A penalty of 40s. will be incurred if this shuting be not repaired within seven days from the date of this notice (and under the Special Improvement Act the cost of such repair may be deducted from the rent payable to the owner).[144]
I am, your obedient Servant,
______________________________
Town Surveyor.
To______________________________
It is a common practice in most towns for the urban authority to provide and fix trunks or troughs across their footpaths into which the down pipes from the rain-water shutes can empty their contents.