The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-01-05 00:00:00

THE LIVERPOOL STANDARD.

THE SANATORY ACT.

We believe the public are not precisely aware of the
provisions of the Liverpool Sanatory Act, which came
into operation on the Ist instant. To assist our fellow-

townsmen in carrying it into operation, we propose to give
here its leading provisions.
The act commences by repealing all previous acts of a
local character, taking care that it shall not have a retro-
spective effect ; and, at the same time, vesting the autho-
rity of the various boards, whose powers are superseded,
in the Council, by whom it is in future to be exercised.
All officers under the old acts are to be recompensed for
1;m; of ^fiicP ndl the, expenses incurred by the Highway
Board, in procuring fresh acts, are to be paid by the
Council, as are those incurred by the Toxteth Park Com-
missioners. Clauses from 18 to 32 relate to the appoint-
ment of officers, &c. ; and clause 33 provides that the
Council shall direct a map of the borough to be made on
a scale not less than 60 inches to the mile, on which is-to
be marked all existing sewers and drains, water-pipes,
gas-pipes, &c., and such new ones as may be added, which
map, or a copy, shall be kept at the Town-hall for the in-
spection of owners of property. They are also to inscribe
upon the map a complete system of levelling, either from
a survey of their own, or from the ordnance survey.
Clauses 36 to 43 vest in the Council the powers of the
Highway Commissioners, and direct the paving and flag-
ging of streets and courts. Clause 44 enacts that every
person laying out any new street shall give a fortnight's
notice to the surveyor under the act, and hand in a plan
on a scale of one inch to every four feet ; and within six
weeks the surveyor shall fix the level, which shall there-
after be kept by every other person erecting property in
the street. The penalty for non-observance of this clause
is the cost of making the street the proper level, and five
pounds. No street, being a carriage road, shall be of less
width than 30 feet, or 20 feet in the bed, with a footway
on each side of five feet, clear of any steps or projections.
The same proportions are to be observed in wider streets;
and no house shall be built in any street of greater height
than the width of such street. No court shall be built
less than 15 feet wide. An additional foot is to be added
for each additional house over eight ; and the entrance is
to be the full width of the court, and open from the ground
upwards. The penalty of offending against these provi-
sions is a sum not exceeding twenty pounds for every day
the street or court is suffered to remain ;- but they do not
apply to existing streets or courts, " which shall be proved
to have been formed or set out in the disposition of any
estate for sale in lots, and of which a sale plan shall have
been proved to have been prepared before the passing of
the act ; nor to any street or court being a footway only,
which shall be made upon the site of buildings erected
before this act, and in which no buildings shall be used
for the purposes of habitation except by servants in care
of the same." Back streets, if carriage ways, must be 15
feet wide, and contain no house with its principal or only
entrance in such back-street. If only a footway, it must
be not less than three feet ; and, if extending a hundred
yards without being intersected, the width must be four
feet. Clauses 51 to 60 are the ordinary highway regula-
tions. Clauses 61 to 77 direct the effectual sewerage of
the whole borough. 78 and 79 empower trustees of turn-
pike roads and owners of land without the borough to use
the sewers on making compensation. Twenty-eight days'
notice is to be given before commencing sewerage works
in any street, and a plan and section lodged in the sur-
veyors office upon a scale not less than one inch to sixty-
six feet for the plan, and one inch to two feet for the sec-
tion. Section 81 gives power to appeal.
Clause 82 directs house-drains to .be made wherever a
sewer of a sufficient size and proper level passes within
30 feet from any part of a house, on service of 28 days'
notice ; and no house can be erected or rebuilt without
proper drains if required by the Council, such drains to
be at such a level as to be available for the drainage of
the lowest floors of such house and of its areas, water-
closets, privies, and offices. Fourteen days' notice is to
be given of an intention to build or to drain, and a plan
deposited with the surveyor on a scale not less than one
inch to every six feet. In default, the Council can cause
such building to be demolished or drains to be relaid.
Where a house is rebuilt, the level of the lowest floor
must be raised sufficiently to allow of the construction of
such a drain as is required in the case of new erections.
No houses are to be rebuilt in Which the ground-floor is
not made six inches above the level of the adjoining foot-
way. House-drains or branches may be made by owners
of property, to be approyed by the surveyor, or Council
may contract with them to drain. Vaults or cellars shall
not be made under streets, without the consent of Coun-
cil.

Section 89 directs all gully-holes of sewers or drains,
belonging to the Council or to private parties, to be pro-
perly trapped to prevent the escape of effluvia. Drains,
cesspools, and privies are to be kept in good order, or
after 14 days' notice Council may repair and recover the
cost. On giving 24 hours' notice, the surveyor can enter
and take up and examine drains, privies, and cesspools.
A penalty of five pounds is to be levied where such
drains, &c., have been constructed contrary to the provi-
sions of this act, or for stopping or unstopping such
drains, &c., without the consent of the Council, or or-
furthery them not to be so stopped or unstopped ; with a
penalty of five pounds for every day after the first
on which such offence shall be committed or continued.
Clauses 93 to 97 relate to the powers of the Council
under the act, and to regulations to be observed in mak-
ing repairs.

Clause 99 gives the power of proceeding in any of the
Superior Courts against owners of property for repayment
of expenses incurred by the Council , and clause 100
gives the further power of distraining for such expenses
of repairs " upon the goods and chattels" of the occupier;
but his liability only extends to the amount of rent due,
and he may deduct from the landlord. Where property,
upon which expenses have Leen incurred and not repaid,
is unoccupied, Council may enter, after notice, and let to
repay themselves. In cases where the owner of property
is only tenant for life, or the expenses are more than half
its value, Council is to receive the amount for flagging,
paving, &c., by instalments ; and they may do so in
other cases, the instalments not to be less than one-
twentieth part per annum of the original sum. The term
" owner" under this act refers to " the person receiving
the rents of any property on his own account, or as
trustee or agent for any other person."
Clause 106 directs the proper cleansing of the streets
and foot-pavements, whether dedicated to the public or
not, and empowers the Council to empty all privies and
cesspools. For this purpose, they can either employ sca-
vengers, or contract with them to do the duty, under a
penalty for neglect. If the dung or soil of any stable,
cow-house, or pig-sty, is allowed to accumulate for four-
teen days, and is not removed within forty-eight hours
after notice, it becomes vested in the Council, who may
sell it. If any person shall permit any dung, ashes, or
filth, to remain within his dwelling-house three days after
the scavenger has applied to remove it, he becomes liable
to a penalty of 40s. ; or if a certificate has been signed by
the medical officer under the act, or any two medical
men, that any accumulation of dung, soil, or filth, within
the said borough ought to be removed, as prejudicial to
health, the Town-clerk shall forthwith give notice to re-
move it within twenty-four hours, after which time it be-
comes the property of, and may be removed by, the
Council.

Clause 112 directs the removal of pools of stagnant
water, and other nuisances offensive or injurious to health,
under a penalty of 405., if not effected within twenty-four
hours after notice ; and a like penalty is to be inflicted
upon parties suffering the contents of any privy or cess-
pool to soak or flow therefrom. The Council may enter
premises to cleanse or repair such places, and recover the
expenses. Owners may be required to construct a privy
and ashpit, with proper door and covering, where the
Council or Health Committee may think it necessary, for
the use of the inmates or occupiers • and with the consent
of the Council one privy may be allowed to serve for two
houses. In future, however, no house is to be allowed to
be built without a properly-constructed privy, with a fun-
nel or flue to carry off any offensive stench. Parties neg-
lecting to construct or repair privies, after one month's no-
tice in writing, are subject to a fine of five pounds, and ten
shillings per week while the default continues. Public
conveniencies are also to be erected in suitable situations.
No cellar under any house in a court is to be let as a
separate habitation ; nor any other cellar which is not 7
ofpeeetnionnh, eight, or of which the surface of the floor is more
than four feet below the level of the street. Such cellars
must 2 ;.eet also
. have an area extending along the whole front
n_ c h
ae s
properNv de,
floc,protectedaannddbayenv
eironrails,eryxtberna kal ewealnilnadorpolweent fire-
place,wofitah
hinges or pivots,'unless the sashes are d-oruablee,a.ntd
east 9 v'th
feet
of superficial area cle_ar of the sash f m o
open both top and bottom ;
a front cellar must have an external wind
scribed, of not le

ow, as above del-
Iperficial feet. The
(if required) an ash-
-

pit. A penalty of 20s. shall be levied for every day that
any cellar is inhabited contrary to these previsions. Cel-
lars -erected or- altered to meet the provisions of the
Health Act (sth Victoria) are exempt from the operation
of this bill.

In future, no house is to he erected within the borough
without at east one room on the ground-floor, containing
108 superficial feet, clear of any stairs or staircase, or any
other reduction, save one chimney-breast and fire-place
therein, or which shall have any rooms therein which be
in any part less than 8 feet from the floor to the ceiling,
except in the cellar, which, if used for habitation, is not
to be less than 7 feet, and if not is to be 6.feet. The
attic rooms must have either a span of not less than 14

wet at tne spring of the roof, with a clear height of
12 feet from the floor to the ridgetree, or otherwise a
clear height of at least 2 feet 6 inches, measuring
perpendicularly from the floor to a horizontal line drawn
from the lowest spring of the roof, with a clear height and
space from the said last mentioned horizontal line to the
lower side of the ridge tree of not less than nine feet.
Where there is an excess of height from the floor to the
lowest spring beyond the two feet six inches, the space
between the said horizontal line and the lower side of the
ridgetree may be reduced, but not more than double such
excess ; and there shall in no case be less than eight feet
from the floor to the lower side of the ridgetree. No
attic shall be allowed in any house of less than three
floors above the basement, and unless some part of such
attic is higher than the spring of the roof ; and no house
shall have more than one attic.
In every inhabited room there must be one external
window of not less than five feet in heart, and three feet
wide, clear of the sash frame, or the area of which is fif-
teen feet. Attic and cellar windows may be not less than
three feet square, or nine feet area ; and all windows must
be casement windows opening on hinges or pivots, unless
the sashes are double opening at top and top and bottom.
Clause 122 provides for the appointment of a medical
officer of health ; and three following clauses provide for
whitewashing and purifying of houses declared by him to
be unhealthy, the 'appointment of an inspector of nui_l
sances, and the regulation and inspection of lodging-
houses. As we have already, however, gone to consi-
derable length and detail, and the bill contains 231
clauses, we must postpone for a week gang through
the remainder.

MEETINGS OF THE BIRKENHEAD COMMIS-

SIONERS,

On Saturday, a special meeting of the Commis-
sioner s of Birkenhead was held hi i.hfir rooms, Hamilton
Square, for the purpose of receiving a report of the pro-
ceedings of the Gas and Water Committee. The chair
was taken by William Potter, Esq., and there were pre-
sent ten other Commissioners. Mr. Townsend attended
as law-clerk to the board, and Mr. J. B. Lloyd, of the
firm of Lloyd and Waln, of Liverpool, also attended in
his capacity of parliamentary agent for the Commissioners
for the promotion of their Improvement, Gas and Water
Bills. The meeting was almost wholly occupied in read-
ing minutes of the proceedings of the board extending
over some years ; also letters that had passed between the
parliamentary agents of the Commissioners and the
Birkenhead and Claughton Gas and Water Company ;
and, finally, the report of the Committee. The meeting
was, however, of opinion that the publication of these
documents in detail would be as yet premature, as two
surveyors from the Commissioners of Woods and Forests
were about to be sent to Birkenhead to make preliminary
inquiries on the. subject of those documents, and to report
thereon to Parliament.
Mr. TOWNSEND read the original document appointing
the Gas and Water Committee by the Board ; it being'
the opinion of the latter, that it would be advantageous
to the inhabitants if the Commissioners possessed the
right of supplying the district with gas and water. The
proceedings of the committee so appointed, and of
which Mr. Wm. Laird was elected permanent chairman,
followed ; and it appeared from them that Mr. Hawksley
had been requested to survey the report, and that Lloyd
and Waln were appointed Parliamentary agents, with in-
structions to get the Gas and Water Bills lodged as soon
as possible. The first letter from Lloyd and Waln to the
Gas and Water Company, (dated 14th Dec. last,) stated
the desire of the Commissioners to become sole suppliers
of gas and water for the district, and that they were lodg-
ing their bills and seeking powers to purchase the com-
pany's works—wishing to make the purchase in the fairest
manner. Mr. Highfield wished to know the proposed
basis of such purchase ; stating that it did not appear to
the company that it would be beneficial for the inhabitants
that the Commissioners should have the exclusive supply
for the district. Messrs. Lloyd and Wain next wrote to
the Clerk of the Peace for the county, for a copy of the
accounts, of income and expenditure, and the clerk replied
that he could not find any abstract of such account. It
next appeared that the Gas and Water Bills having 'been
deposited in London, on behalf of the Commissioners, the
Woods and Forests had deputed Messrs. Goldfinch and
Rennie to hold an enquiry at the Town-hall, Birkenhead,
on the 18th instant, with reference to the same, Lloyd
and Waln wrote again to the Birkenhead Gas and Water
Company on the 29th of December, stating that the Com-
missioners proposed to purchase the works and property,
of the company as established under their Act of Parlia-
ment, and that the company had failed to comply with
the act in lodging their accounts annually with the clerk
of the peace, and requesting copies of their accounts from
the passing of the act. Mr. Highfield admitted, in reply,
that he had omitted to send an abstract of the accounts
to the clerk of the peace, and promised to send it without
delay. He contended that the company had adopted
every measure which could be for the benefit of the in-
habitants, and he alleged that they were willing to effect
any additional advantage which could be fairly pointed
out. The company, he said, had laid out their capital
solely with a view to future advantages, which had not
yet been, but which would be hereafter, realized ; and,
considering that hostile proceedings had been taken
against them by the board, they had no other resource
but to oppose to the utmost both the intended applications
to Parliament by the board. Lloyd and Waln wrote
again to the company, on the 31st ultimo, stating that
their clients would be happy to arrange a conference as
early as possible. Mr. Highfield, in his reply, of the Ist
instant, begged to say that the accounts sought for should
be furnished, and suggested that the chairman of the
Commissioners and Mr. Wm. Jackson might have a con-
ference without prejudice to either the board on the one
hand or the company on the other.
Mr. TOWNSEND read the report of the Committee,
dated 16th ultimo, to the effect that as an abundant and
cheap supply of gas and water was of great importance,
they had commissioned Mr. Hawkesley to make a profes-
sional survey of the locality, and that his report would, in
a few days, be submitted to the board. They then refer-
redat some length to the early proceedings which had taken
place with reference to the supply of gas and water to the
township, and to a remarkable omission in the lease, that
at the expiration of fifty years the existing gas and water
works were to revert to the Commissioners. They denied
that the Commissioners had parted with any power to
supply water, and they contended that the time had now
arrived when the supply of gas and water ought to be
under their control. They were of opinion that the charge
of 7s. 6d. per thousand feet of gas, had already yielded
considerable profit, and recommended the board to apply
for powers to purchase the gas and water works, on ac-
count of the township, referring to the advantages Man-
chester derived from the system there adopted. If their
application to parliament were successful, the profits from
gas and water would thenceforward be applied in liquida-
tion of the expenditure of the township.
Upon the motion of Mr. W. LAIRD seconded by Mr.
TnoMrsoN, the report was received and adopted unani-
mously ; and the last letter from Mr. Highfield was refer-
red to the committee with instructions that Mr. Lloyd be
requested to confer with Mr. Mallaby, the solicitor of the
Birkenhead Gas and Water Company, with the view of
bringing the matters in dispute to an amicable settlement.
A motion was agreed to to the effect that every facility
should be offered to the Commissioners of Woods and
Forests about to visit the township, and that the Gas and.
Water Committee be requested to afford them the requi-
site information. It was also agreed that the report just
received should in due time be published, after the inquiry
before the surveying officers. Mr. Lloyd, and also the
chairman, suggested a conference, and the latter urged
that nothing would be more likely to bring about an
amicable arrangement than a meeting in the first instance
between Mr. Lloyd and Mr. Mallaby.

Mr. LLOYD said, the preliminary Inquiries Act had re-
ference to harbours, ports, and streams that fell into na-
vigable rivers. He had received a circular, requiring a
sum of £2OO to be laid down to the Board f Admiralty,
for the port of Birkenhead, as it was going for a water
bill ; but he had written to say, that, as the commis-
sioners only wanted to sink wells, and not to convert
streams, they did not come within that particular clause
of the act, which required the deposit of the £2OO.

The CHAIRMAN Thanked Mr. Lloyd for haVing written
to that effect, and the meeting was adjourned until Mon-
day morning, (yesterday).
Yesterday, at ten o'clock, an adjourned meeting of the
Birkenhead Commissioners was held at the Rooms, Hamil-
ton-square, for the consideration of the local bills relating
to the supply of gas and water, which it is intended to
prosecute during the ensuing Parliament. The following
gentlemen were present :—Messrs. D. Appleton (in the
chair), Wm. Laird, Berner, Cole, Watson, and Barbour;
Mr. J. B. Lloyd, of the firm of Lloyd and Waln, solici-
tors, Liverpool, was also present.
Mr. TOWNSEND, the Clerk to the Board, having read
the notice calling the meeting,
Mr, J. B. LLOYD said that the Commissioners had en-
trusted to him the care of the bills intended to be prose-
cuted in the ensuing session of Parliament, copies of which
had been printed, and which he now begged to lay before
each Commissioner. It would be unnecessary for him to
read more than the heads of the clauses, except the Com-
missioners desired any particular clause itself to be read.
Mr. Lloyd then read the title of the first bill, which was
as follows :

" A Bill for enabling the Commissioners for the im-
provement of Birkenhead, Claughton-cum-Grange, and
part of Oxton, in the county of Chester, more effectually
to supply with gas the limits under their jurisdiction ; and
to purchase the existing gas works of the Birkenhead and
Claughton Gas and Water Company."
The preamble recited the following acts :-3rd and 4th
William IV., cap. 68 ; Ist and 2nd Victoria, cap. 33 ; sth
ri Victoa, cap. 5 ; 6th Victoria, cap. 13 and 24 ; 7th and
Bth Victoria, cap. 32 ; 9th Victoria, cap. 28 ; and stated
that it would be of " public benefit " if further powers
were granted the Commissioners for such purposes, and
and also to purchase the existing gas and water works.
Clause 2 stated that " whereas it is desirable that the
power of lighting the said townships of Birkenhead,
Claughton-cum-Grange, and part of Oxton, should be in
the hands of the Commissioners," they should be endowed
with the aforesaid powers, and that on " payment or
tender " of the purchase money the property of the com-
pany should become vested in the Commissioners. Clause
8 gives the Commissioners power to borrow any requisite sum, not exceeding £60,000, upon the credit of the light-
ing and watching rate, to make the purchase. The other
clauses are all consequent upon the purchase and posses-
sion of the company's property.
Mr. WILLIAM LAIRD moved that the bill he approved,'
and that Messrs. Lloyd and Waln be appointed solicitors

r the bill to carry it through Parliament
Mr. \%

:OLE seconded t

le resolution

--• ..c auppumu LIBEL IL was unaer-
stood, as had been agreed upon at the meeting on Satur-
day, that in obtaining the Act, the commissioners ex-
pected that the committee would take every possible pre-
liminary measure to bring about an amicable arrangement
with the existing gas company.
Mr. W. LAIRD.--Yes ; it was agreed that Messrs.
Lloyd and 'Vain should consult with the solicitor for the
company, as to affecting an arrangement.
Mr. LLOYD said that the gas and water committee
must meet again pro forma, in order that the last letter
of Mr. Highfield should be laid before them ; which had
not yet been done, in consequence of its being received
only on the morning of the day on which the general
committee met (Saturday).

The motion was then put to the vote, and carried una-
nimously. _

Mr. Lloyd then read the title of the second bill, which
was, "A Bill to authorise the Commissioners for the Im-
provement of Birkenhead, Claughton-cum-Grange, and
part of Oxton, in the county of Chester, to establish' Wa-
ter Works, for the better supplying the inhabitants thereof
with water ; and to purchase the existing Water Works of
the Birkenhead and Claughton Gas and Water Company."
He proceeded with the clauses, in the midst of which,
Mr. Pins entered the room, and, after waiting for a mo-
ment or two, he arose and interrupted the solicitor by
stating that as he had not heard the whole of the proceed
ings, he should wish that his name should not appear as
being present at all, or taking any part in the responsi-
bility of the measure, because he did not approve of their
going to Parliament at present on the subject.
Mr. TOWNSEND agreed to keep Mr. Pim's name out of
the minutes, if he did not intend to stay ;. whereupon Mr.
Pim withdrew from the room.

Mr. LLOYD then continued reading the heads of the
clauses which were 174 in number. Clause 70, which re-
lated to the supply of water for public purposes, such as
watering the streets, cleansing the sewers, extinguishing
fires was read at full length, on the motion of Mr. Wat-
son. That gentleman also enquired whether the bill eon-

, .
tained prov?Sions for the supply and maintenance of fire
plugs.
. -d read clauses 51, 52, and 53,
Mr. LLOYD said /t ea. 4 , a.L.
which related to that subject,
Powers are sought by clauses i.,
£60,000 on security of the water re,
be charged for water to the consumer is ts.
When the rent does not exceed £5, thetaax.,
water is not to be above ss. per annum :
Above £5 and not exceeding £l5 ....13i.
I, 15 t, 30 ....24
„ 30 9 f 60 .... 42
„ 60 ?? 100 .... 60
„ 100 ....80
Extra for water closets as under :
Not exceeding £lO .... 45..
Above .tlO ft 25 .... 6
71 25 50.... 8
I f 50 ft 100 .... 10

05 and 106, "to borrow
ts." The price to
be as follows :
;mum rate for

Mr. BAR—SOUR moved a similar resolution to the former
one, adopting the bill, wh ch Mr. WATSON seconded, ar.4
was carried unanimously.

Mr. LLOYD said both bills were very similar to those
being applied for by the corporations of Liverpool and
Manchester, for like purposes.
Mr. W. LAIRD said the gas and water committee had
fully expected Mr. Hawksley, the celebrated engineer,
would have been present that morning, to have laid his
report before them as to the existing state and condition
of the water-works ; but that gentleman had been pre-
vented from attending by a severe domestic affliction.
Mr. Laird then• read a letter from Mr. Hawksley, stating
that he was detained at home by the serious illness of
his daughter. Mr. Laird said he had replied that they
should like to see him in the course of the week, and if
he could let them' know, another special meeting would
be called to meet him ; but of course, under his present
domestic circumstances, the commissioners could not
expect his attendance.
The board then adjourned.