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Revised Statute from The UK Statute Law Database

Towns Improvement Clauses Act 1847 (c.34)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003 and 2005. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Towns Improvement Clauses Act 1847

1847 CHAPTER 34 10_and_11_Vict

Contents

Go to Preamble

  1. [1.]. Extent of Act

  2. Interpretations in this Act

    1. 2.“the special Act:” “prescribed:” “the commissioners.”

    2. 3. Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “Street:” “Month:” “Justice:” “Two Justices:” “Owner:” “Cattle:”

  3. Citing the Act

    1. 4. Short title of this Act

    2. 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Officers

    1. 6. Until an inspector is appointed under some general Act, execution of works may be proceeded with without his approval

    2. 7—12... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Surveys and plans

    1. 13. Commissioners to cause a map of the district within the limits of the special Act to be made, and to be open to inspection

    2. 14. Ordnance may furnish commissioners with maps, or cause surveys to be made

    3. 15. Level lines to be marked on map, and bench marks to be made for denoting the same

    4. 16. Commissioners may cause maps to be engraved, &c., and pay expences out of rates

    5. 17. Commissioners to cause plans to be prepared of alterations of new works or alterations of existing works

    6. 18. Before giving notice of construction of works, plans to be prepared and deposited in the office of the commissioners

  6. Lands

    1. 19. The taking of lands to be subject to the provisions of this Act and the Lands Clauses Consolidation Act 1845

    2. 20. Errors and omissions in plans, &c. may be corrected by justices, who shall certify the same. Certificate to be deposited

    3. 21. Commissioners to make compensation for damage done. If parties cannot agree as to compensation, the same to be determined in manner provided by 7 & 8 Vict. c. 18

  7. Sewers

    1. 22. Management of sewers and other works vested in the commissioners

    2. 23. Drainage districts to be formed, subject to approval of inspector

    3. 24. Power to commissioners to construct sewers where none exist, making compensation to owners of property

    4. 25. Commissioners may alter sewers from time to time

    5. 26. Commissioners not to destroy existing sewers, &c. without providing others. Penalty for neglect

    6. 27. Commissioners to cause estimates to be prepared and submitted to the inspector

    7. 28. As to the expence of making new sewers.Where lands, &c. were sufficiently drained before making new sewer, occupier to have a reduction made in his rates

    8. 29. As to the expence of maintaining sewers, &c

    9. 30. Penalty for making unauthorized drains

    10. 31. Vaults and cellars under streets not to be made without the consent of the commissioners

    11. 32. Streets may be stopped for repairs

    12. 33. All sewers, &c. to be covered with traps

    13. 34. Sewers may be used by owners and occupiers of land beyond limits of town or district

  8. House drains

    1. 35. Commissioners empowered to construct drains from houses, charging owner, &c. with the expence

    2. 36. No house to be hereafter built without drains being constructed

    3. 37. Where houses are rebuilt, the level shall be sufficient to allow a drain to be constructed

    4. 38. Notice of buildings and rebuildings to be given to the commissioners

    5. 39. Commissioners may signify disapproval within fourteen days

    6. 40. Houses built without notice, or contrary to provisions of this or the special Act, may be altered

    7. 41. If commissioners fail to signify their approval, &c. within fourteen days, parties may proceed without

    8. 42. Commissioners may require owners of houses to provide privies and ashpits for the same

    9. 43. Penalty for neglecting to provide privy, &c

    10. 44. Drains, privies, and cesspools to be kept in good order by owners.If owners neglect, commissioners may cause the same to be done, and charge the owners with the expence

    11. 45. As to the inspection of drains, privies, and cesspools

    12. 46. Penalty on persons making or altering drains, &c. contrary to the orders of the commissioners

  9. Paving

    1. 47. Management of streets vested in the commissioners

    2. 48, 49... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 51. Power for the commissioners to pave public streets

    5. 52. Commissioners may place fences to footways

    6. 53. Where public streets have not heretofore been paved, commissioners may cause them to be paved, at the expence of the occupiers of adjoining lands

    7. 54. Future streets may be declared highways

    8. 55. Commissioners, upon completion of two thirds of any street, may upon application require remaining one third to be completed by owners of houses

    9. 56. Penalty on persons altering pavements without the consent of the commissioners

  10. New streets

    1. 57. Notice of intention to lay out new streets to be given to commissioners

    2. 58. Levels to be fixed by the surveyor to the commissioners

    3. 59. If the commissioners fail to fix the level, the party may proceed without

    4. 60. Persons laying out streets without notice to be liable to the expences of subsequent alterations of levels

    5. 61. Situation of gas and water pipes to be altered at the expence of the commissioners

    6. 62. If gas or water company neglect to make the alteration, the commissioners may cause the same to be done

    7. 63. As to the width of new streets

  11. Naming streets

    1. 64. Houses to be numbered and streets named

    2. 65. Numbers of houses to be renewed by occupiers

    3. 66—74... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  12. Ruinous or dangerous buildings

    1. 75. Ruinous or dangerous buildings to be taken down or secured by owners, &c. If owner, &c. neglect to repair, commissioners may cause the same to be done, charging owner, &c. with the expences

    2. 76. The expences to be levied by distress on the owner

    3. 77. If owner cannot be found, commissioners may take the house or ground, making compensation provided by 7 & 8 Vict. c. 18

    4. 78. Commissioners may sell the materials, restoring to the owner the overplus arising from the sale

    5. 79—83... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  13. Objections to works

    1. 84. Commissioners to give notice of new levels of sewers

    2. 85. Meeting of commissioners to hear objections in the presence of the inspector

    3. 86. Persons aggrieved by order of commissioners may appeal to quarter sessions

  14. Cleansing streets

    1. 87. Commissioners to cause streets to be cleansed, and dust and ashes to be removed from the houses

    2. 88. Occupiers to cause footways to be swept. Penalty for neglect

    3. 89. Commissioners may compound for sweeping footways

    4. 90. Dust, &c. collected to be vested in the commissioners

    5. 91. Commissioners may provide lands, &c. for deposit of soil and materials

    6. 92. Dust boxes to be erected by commissioners

    7. 93. Commissioners may cause public conveniences to be erected

    8. 94. Commissioners to cause streets to be watered, and wells, pumps, &c. to be provided

    9. 95. Commissioners to appoint scavengers

    10. 96. Penalty for obstructing scavengers

    11. 97. Penalty on persons other than scavengers removing dirt

    12. 98. Penalty for conveying offensive matter at improper times

  15. Nuisances

    1. 99. Stagnant pools of water and other annoyances to be removed

    2. 100. Regulations to prevent accumulation of dung, &c

    3. 101. On certificate of the officer of health, filth to be removed

    4. 102. Houses to be whitewashed and purified, on certificate of officer of health, &c

    5. 103. No interment in any grave without leaving two feet six inches clear of soil above the coffin

    6. 104. Justices may order nuisances to be abated

    7. 105. Penalty for disobedience of orders of justices

    8. 106. Commissioners to order costs of prosecutions to be paid out of the rates

    9. 107. Act not to affect nuisances at common law

    10. 108.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  16. Fire

    1. 109. Party walls to be carried up through the roof.Walls of buildings and coverings of roofs to be made of incombustible materials

  17. Ventilation

    1. 110. Regulating construction of buildings intended as places for public meetings. No person to begin to build until plan has been approved by commissioners

    2. 111. If commissioners fail to signify their approval of plan within fourteen days, party may proceed to build

    3. 112. Persons may appeal against determination of commissioners

    4. 113. Cellars in courts not to be occupied as dwellings, after letting prohibited

    5. 114. No cellars under the height of seven feet from the floor to the ceiling to be let as dwellings

    6. 115. Penalty on letting such cellars as dwelling places

  18. Lodging houses

    1. 116. For the regulation and inspection of lodging houses

    2. 117. Commissioners to keep a register of lodging house keepers, and make rules for promoting cleanliness and ventilation

    3. 118. Penalty on lodging house keepers not complying with the provisions of the Act

  19. Lighting

    1. 119. Commissioners may contract for lighting the streets

    2. 120. For ascertaining price to be paid for gas, in case of dispute

  20. Water

    1. 121. Power to commissioners to construct public cisterns and pumps for supply of water to baths and wash-houses. Commissioners not to construct such new works without approval

    2. 122. Commissioners may contract for supply of water

    3. 123. For ascertaining price to be paid for water in case of dispute

    4. 124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  21. Slaughter-houses

    1. 125. Commissioners may license slaughter-houses, &c

    2. 126. No new slaughter-houses in future to be erected without a licence

    3. 127. Existing slaughter-houses, &c. to be registered

    4. 128. Commissioners may make byelaws for regulation of slaughter-houses, &c

    5. 129. Justice may suspend licence of slaughter-houses, &c. in addition to penalty imposed

    6. 130. Penalty for slaughtering cattle during suspension of licence, &c

    7. 131. Officers may enter and inspect slaughter-houses, &c

  22. Special order

    1. 132. As to certain matters authorized to be done by the commissioners by special order only

    2. 133. Final resolution not to be carried into effect for one month, nor then if a majority of the ratepayers remonstrate against the same

    3. 134. Commissioners may purchase slaughter-houses, &c

    4. 135.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 136. Public bathing places and drying grounds

    6. 137. Proportion of baths for the working classes

    7. 138. Charges for the use of baths

    8. 139. Recovery of charges for the use of baths, &c

    9. 140. Publication of byelaws in regard to baths, &c

    10. 141. Sale of baths, &c. on discontinuing them

    11. 142. Application to be made to Parliament if additional powers necessary

  23. Clocks

    1. 143. Power to commissioners to provide public clocks

  24. Execution of works by commissioners

    1. 144. Commissioners empowered to enter upon lands for the purposes of this Act

    2. 145. Penalty on persons obstructing commissioners in their duty

  25. Execution of works by owners

    1. 146. As to service of notice on owners and occupiers of buildings and lands

    2. 147. Commissioners, in default of owner or occupier, may execute works and recover expences

    3. 148. Occupier, in default of owner, may execute works, and deduct expences from his rent

    4. 149. How expences are to be recovered from owner

    5. 150. Power to levy charges on occupier who may deduct the same from his rent

    6. 151. Occupier not to be liable for more than the amount of rent due

    7. 152. Commissioners may allow time for repayment by owners of improvement expences

    8. 153. Proceedings in case of tenants opposing the execution of this Act

    9. 154. Respecting existing contracts for building

    10. 155. Respecting contracts for leases

  26. Rates

    1. 156. As to the recovery of private improvement expences

    2. 157. Where new sewers are made commissioners may make special sewer rates

    3. 158. Commissioners to make a general sewer rate distinct from other rates

    4. 159. Commissioners may borrow money by mortgage of sewer rates

    5. 160. Sewer rate to be of such amount as to pay off monies borrowed thereon in thirty years

    6. 161. Cases where rates may be charged upon separate and distinct districts

    7. 162. Rates to be levied on separate and distinct districts

    8. 163. Drainage rates

    9. 164. Occupiers may deduct a proportion of drainage rate from their rent

    10. 165. Landlords being also tenants, may deduct proportion of drainage rate from their rent

    11. 166. Limitation of expenditure for house drains, &c

    12. 167. Rates to be levied on persons holding, using, or occupying houses, &c. Proportion to be paid by holders of lands, nursery grounds, &c

    13. 168. Exemptions from rates

    14. 169. Rates may be made prospective or retrospective

    15. 170. Commissioners to cause estimates to be prepared before making a rate

    16. 171. Notice of rate to be given

    17. 172. Form of rate

    18. 173. Rate to be open to inspection of ratepayers, who may take copies, &c

    19. 174. Rates may be amended

    20. 175. Value of property to be ascertained according to poor rate

    21. 176, 177... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    22. 178. Poor rate to be open to inspection by commissioners

    23. 179. Owner of property unoccupied to be assessed to the sewer rate

    24. 180. Unoccupied premises to be included in the rates; and if the premises are afterwards occupied, a portion of rates to be paid

    25. 181. Owners of property not exceeding 10l. per annum net annual value to pay rates instead of occupier

    26. 182. Not necessary to name the owner where unknown

    27. 183. Tenants under existing leases to repay the owner

    28. 184. Occupiers may be rated if they think fit

  27. Appeal

    1. 185. Persons aggrieved may appeal to petty sessions on the ground of incorrectness, &c. of valuation.Their decision to be final unless appealed from to quarter sessions

    2. 186. Parties may appeal to the quarter sessions against a rate

    3. 187.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 188. No order of special sessions to be in force pending appeal

    5. 189. On appeal, the quarter sessions and petty sessions to have same power of amending and quashing rates, and of awarding costs, as in appeals against poor rates

    6. 190.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  28. Recovery of rates

    1. 191. Rates to be recovered by distress

    2. 192. Form of warrant of distress. Constables to assist in making distress

    3. 193. Rate books to be evidence

    4. 194. Remedy against persons quitting before payment of rates

    5. 195. Rates to be apportioned on holder quitting

    6. 196. Rates due from owner may be recovered from occupier

    7. 197. Occupier not to be required to pay more than the amount of rent owing by him

    8. 198. Occupier refusing to give name of owner liable to a penalty

    9. 199. Surveyors of highways may proceed for the recovery of arrears of highway rates

    10. 200—208... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. 209.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  29. Recovery of damages and penalties

    1. 210. Clauses of 8 & 9 Vict. c. 20., as to recovery of damages and penalties incorporated with this and special Act, &c

    2. 211.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 212.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 213.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  30. Access to special Act

    1. 214. Copies of special Act to be kept by commissioners at their office, and deposited with the clerks of the peace, &c., and be open to inspection

    2. 215. Penalty on commissioners failing to keep or deposit such copies

    3. 216.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  31. SCHEDULE (A)

    Form of Rate

  32. SCHEDULE (B)

An Act for consolidating in One Act certain Provisions usually contained in Acts for paving, draining, cleansing, lighting, and improving Towns.

[21st June 1847]

Annotations:

Modifications etc. (not altering text)

C1Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C2References to Ireland to be construed as exclusive of Republic of Ireland: S. R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

C3This Act is not necessarily in the form in which it has effect in Northern Ireland