Public Health (Scotland) Act 1897

28Foul ditches, &c. may be replaced by sewers.

Whenever any watercourse, ditch, gutter, or drain along the side of any street, or between or parallel to rows of dwellinghouses, shall be used or partly used for the conveyance of any water, sewage, or other liquid or matter from any premises, and cannot in the opinion of the local authority be rendered free from foulness or offensive smell without the laying down of a sewer or of some other structure, such local authority shall and they are hereby required to lay down such sewer or other structure within the limits of their district, or, subject to the approval of the Board, where necessary for the purpose of outfall or distribution of sewage, without their district, and to keep the same in good and serviceable repair; and they may enter any premises for such purposes, and use such part thereof as shall be necessary, and for such use shall pay such damages as may be assessed by the sheriff on a summary application, and to such party as the sheriff may direct: Provided always, that no damage shall be payable to any person who has caused or contributed to cause such watercourse, ditch, gutter, or drain to become foul or offensive, unless such person shall satisfy the sheriff that he had justifiable excuse for so doing; and such local authority are hereby authorised and empowered to assess the owners of all the premises (according to the yearly value thereof) from which then or at any time thereafter any material other than pure water flows, falls, or is carried into the said sewer or other structure, for payment of all expenses incurred in making and maintaining the same, and that either in one sum or in instalments, as they shall think just and reasonable, and after fourteen days notice at the least left with the said owners, if resident within the district, and if not so resident with the occupiers of the said premises, to levy and collect the sum so assessed, with the same remedies in case of default in payment thereof as are herein-after provided with reference to the public health general assessment leviable under this Act.