[147] No person can put up hoards or scaffolds in the streets without first obtaining the consent of the urban authority, vide sections 144 and 149 of the Public Health Act 1875. Many towns also have private improvement Acts with very binding clauses on this subject, empowering the surveyor to demand a fee for a licence to erect a hoarding, and empowering him to remove these after notice, &c.
[148] This is scarcely ever feasible, or of the slightest use if done.
[149] Mr. Cooper states that “a tall chimney will rock 1 inch in a moderate wind, and even to an extent of ¹⁄₈th of an inch at a distance of only 16 feet up from its base, and yet be safe.” (Vide ‘Minutes of Proceedings of the Institution of Civil Engineers,’ vol. xxvii. p. 100.)
[150] Whilst this work was in the press the terrible disaster arising from the falling of an immense chimney shaft at Bradford took place, the result of which was the death of upwards of forty persons and great destruction of property.
CHAPTER XVII.
IMPROVEMENT OF PRIVATE STREETS.
Prior to the passing of the Public Health Act 1875 the improvement of private roads and streets was dealt with under section 69 of the Public Health Act 1848, but the clause under which the town surveyor now works is that which is so well known as the 150th section of the Public Health Act 1875, and is as follows:
“Where any street within any urban district (not being a highway repairable by the inhabitants at large) or the carriageway, footway, or any other part of such street is not sewered, levelled, paved, metalled, flagged, channelled and made good, or is not lighted to the satisfaction of the urban authority, such authority may, by notice addressed to the respective owners or occupiers of the premises fronting, adjoining or abutting on such parts thereof as may require to be sewered, levelled, paved, metalled, flagged or channelled, or to be lighted, require them to sewer, level, pave, metal, flag, channel or make good, or to provide proper means for lighting the same within a time to be specified in such notice.
“Before giving such notice the urban authority shall cause plans and sections of any structural works intended to be executed under this section, and an estimate of the probable cost thereof, to be made under the direction of their surveyor, such plans and sections to be on a scale of not less than one inch for eighty-eight feet for a horizontal plan, and on a scale of not less than one inch for ten feet for a vertical section, and, in the case of a sewer, showing the depth of such sewer below the surface of the ground: such plans, sections and estimate shall be deposited in the office of the urban authority, and shall be open at all reasonable hours for the inspection of all persons interested therein during the time specified in such notice; and a reference to such plans and sections in such notice shall be sufficient without requiring any copy of such plans and sections to be annexed to such notice.
If such notice is not complied with, the urban authority may, if they think fit, execute the works mentioned or referred to therein; and may recover in a summary manner the expenses incurred by them in so doing from the owners in default, according to the frontage of their respective premises, and in such proportion as is settled by the surveyor of the urban authority, or (in case of dispute) by arbitration in manner provided by this Act; or the urban authority may by order declare the expenses so incurred to be private improvement expenses.