The Yearly County Court Practice; Founded on Archbold's County Court Practice, and Pitt-Lewis' County Court Practice Volume 2

The Yearly County Court Practice; Founded on Archbold's County Court Practice, and Pitt-Lewis' County Court Practice Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... 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. The same proceedings may be taken, and the same powers may be exercised in respect of any street or road of which a part is or may be a public footpath or repairable by the inhabitants at large as fully as if the whole of such street or road was a highway not repairable by the inhabitants at large. No'rE.--See s. 25 of the Private Street W'orks Act, 1892, post, p. 312. The power to give notice under this section can only be exercised once, and when the street is first sewered, &c.: Bonella v. Twiclcenham Local Board and Holmes v. Same (1887), 20 Q. B. D. 63. So long as a " street " has not become vested in the inhabitants at large under s. 152 of the Act, the local authorities are not precluded from calling upon the " owners " to " sewer, fiag," &.c., under the above section, and this even thou h they have previously to its becoming so vested expressly or impliegly expressed their satisfaction with what has been done: Barry, &-c., Local Board v. Parry, 1895 2 Q. B. 110. As to what is a " street" within the above section, see s. 4, ante, p. 298. It is for the justices to say whether, as a matter of fact, a place is or is not a " street," and the determination of justices or quarter sessions in previous proceedings between the same parties is not conclusive as to whether a street is, or is not, a highway repairable by the inhabitants at large. See R. v. Hutchins (1881), 6 Q. B. D. 300 (C....show more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236836790
  • 9781236836793