To the Owner of certain premises fronting, adjoining or abutting upon a certain street called in the parish of in the borough of in the county of
Whereas the mayor, aldermen and burgesses of the urban sanitary authority for the said , by a notice in writing pursuant to the statute in that behalf made and provided, dated the day of , 18 , required you being the owner of certain premises fronting, adjoining or abutting upon a street or highway called , within the said (and not being a street or highway repairable by the inhabitants at large) to level, pave, metal, channel and make good the said street or highway within the time and in the manner specified in the said notice, and according to the plans and sections deposited at the office of the surveyor to the said urban sanitary authority at :
And whereas the said notice not having been complied with by you within the time limited by the said notice, the said urban sanitary authority have executed the works mentioned or referred to therein:
And whereas the expenses incurred by the said urban sanitary authority in levelling, paving, metalling, channelling and making good the said street, amount to pounds shillings and pence:
Wherefore take notice that I the undersigned, being the surveyor of the said urban sanitary authority, in pursuance of the statutes in that case made and provided, do hereby apportion the sum of pounds, shillings and pence as the proportion of the said sum of pounds, shillings and pence, to be paid by you as such owner aforesaid, such apportionment being according to the frontage of your said premises, fronting, adjoining or abutting upon the said street or highway.
Further take notice that the aforesaid apportionment will be binding and conclusive upon you unless within the period of three months from the day of the date of this notice you shall by written notice to the said urban sanitary authority dispute the same.
Dated this day of , 18 .
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Surveyor to the said Urban Sanitary Authority.
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Clerk of the said Urban Sanitary Authority.
There seems to be no power on the part of any owner to dispute the question as to whether the works carried out have been necessary or not, or whether the cost of the works have been excessive; the only point upon which they can go to arbitration is that as to whether the proportion settled by the surveyor is accurate or not, and this point the arbitrator is left to decide.
It must not be lost sight of that there is a clause in the Public Health Act 1875, which makes the expenses so settled by the surveyor very binding upon the owner of the property in question, unless he appeals within three months from the service of the notice, as the following extract from the clause will show: