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52
Notice of intention to repair Drains.
(1). It shall not be lawful for any person to expose, open,
alter or repair any drain communicating with any sewer of the
Council, without giving to the Council or the Medical Officer
twelve hours previous notice in writing of his intention to do so,
except in case of emergency, and in that case it shall not be
lawful for any person to cover over the drain without giving
the like notice of his intention to do so.
Free access to such drain shall be afforded to the Medical
Officer or the Inspector of Nuisances, or any Officer of the
Council authorised in writiug by the Medical Officer for the
purpose of inspection.
Any person who shall offend against this section shall be
liable to a penalty not exceeding five pounds (Middleton).
Re-construction of Drains.
(2). It shall not be lawful for any person to construct, reconstruct,
or alter the course of any drain, except in accordance
with the provisions of the Byelaws relating to the drainage
of new buildings.
Any person who shall offend against this section shall
be liable to a penalty not exceeding five pounds and to a daily
penalty not exceeding forty shillings. (Birmingham).
In executing work for owner Council not liable for damages save
in case of negligence.
(3). Whenever the Council under any enactment or Byelaw
for the time being in force within the district, execute, reexecute
or alter any work, act or thing in default of the owner
or occupier, and in the absence of misconduct or negligence
on the part of the Council or any contractor or person employed
by them, are required to pay any damages, penalties,
costs, charges and expenses for or in respect of or consequent
upon the executing, re-executing or altering such work, act
or thing, the amount thereof when paid shall be deemed to
be part of the expenses payable by such owner or occupier,
and shall be recoverable accordingly. (Acton).