KINGSTON iMPROVEMENTS I

THE KINGSTON IMPROVEMENTS ACT

ARRANGEMENT OF SECTIONS

1. Short title.

Interpretation

2. Interpretation.

Acts Incorporafed

3. Acts incorporated.

Financial

4. Annual allowance.
5. Commissioners to have the control of the sewerage system.
6. Exemption from stamp duty.

Surplus Funds

7. Power to apply nett unappropriated profits of certain under-
takings.

Public Sewers

8. Plans, specifications and estimates for sewerage.
9. Powers of the Commissioners.

House Sewers

10. House sewers Owner of house to make connecting sewers.
11. Provision as to water closets to be provided by owners.
12. Situation, etc., of water closets.
13. Owners of hotels, etc., to provide water closets.

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2 KINGSTON IMPROVEMEXTS

14. When sewage not to be allowed on the streets.
IS. Sewaye not to be disposed of except through connecting sewer.
16. Penalty for offending against section 14 or 15.
17. When privies to be filled up.
18. Nothing but sewage and paper to be allowed in sewers.
19. Penalt) for connecting with sewer pipcs for con\peying steam, etc.
20. Commissioners may order particular sewage not to be allowed to

21. House sewers and closets under control of Commissioners.
22. Inspection of house sewers and wakr closets.
23. Notice of repairs to be done.
24. Inspection by officials
25. Licensed Sanitary Constructors.
26. None but Licensed Sanitary Constructors to execute works.

go through sewers.

Improvemenf of 'Streets

27. Plans, specifications and estimates for the reconstruction of the

28. Powers of the Commissioners as to the reconstruction of streets.
streets.

Obstructions and Lines of Streets

29. Erections prior to 21st May, 1890, may be removed.
Commissioners shall erect steps or stairs and underpin walls in

certain cases.
Compensation.

30. Removal of erections made since the 21st May, 1890.
31. Doors, etc., to open inwards.
32. Commissioners may alter doors, etc., so as to open inwards.
33. Line of houses to be rebuilt to be prescribed.
34. New building or repairs to frontage to be notified to Commis-

35. Erection of building without approval or otherwise than in

36. Provision for the removal of rain water.

sioners.

conformity with approval of Commissioners.

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KINGSTOA' IMPROVEMENTS 3

37. Provision as to lands adjoining street higher than the level of the

38. Provision as to the guttering of adjoining houses.
39. Provision as to water and gas works and fittings.
40. Owncrs of the water and gas works, etc., to keep plans.
41. Poles erected prior to this Act may be altered.
42. Poles, etc., not to be erected in positions objected to by the

43. Provision as to the opening and breaking up of strecLs.
44. Penalty for failing to comply with sections 42 and 43.

street.

Commissioners

Closing Streets against TrafEc

45. Power to close streets against traffic.

Power to acquire Lands and Easenienrs

46. Powcr to acquire lands and easements.
47. Power to covenant as to future damage.
48. Power to entcr on land to make surveys.

E.rtended Powers as to Lighting Sewerage

49. Interpretation.
50. Preparation of plans, specifications, etc., of the undertaking, etc.
5 1. Performance and maintenance of works.
52. Ternis, conditions, etc., in respect of the undertaking, etc.
53. Sections 49 to 53 incorporated with Kingston Gas Works Law

(Omitted).

EXECUTION OF WORKS

By the Commissioners

54. Power to enter premises.
55. Penalty for obstructing Commissioners or their servants.

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4 KINGSTON IMPROVEMENTS

By Owners or Occupiers

56. Conimissioncrs may do work owner or occupier fails to do.
57. Occupier may do work owner fails to do.
55. E.xpenses with inlerest may be recovered by action and constitute

59. Expenses and interest may be recovered from the occupier who

60. Limitation of the liability of the occupier to pay expenses.
61. Commissioners authorized to allow time for repayment not

62. A schedule of arrears in repayment to be given by Collector of

63. Agreement may be made as to the execution of works.

a first charge on the premises.

may deduct it from the rent.

exceeding twenty years

Taxes to Commissioners.

Form and Service of Notices

64. Provisions as to the form and service of notices.
65. Power to cancel notice and issue new notice.
66. Service of notice on Commissioners

Arbitration

67. Parties may agree to arbitration.

Legal

68. Certificate of Commissioners signed by proper officer prima fucie
evidence of certain matters.

Miscellaneous

69. Penalties.
70. Commissioners may work tramways for the pwposes of this Act.
71. Commissioners may use traction engines or steam rollers.
12. Provision for advances from the Treasury.
73. Duplicates of plans prepared under this Act.

Regulations, etc., to be mode by virtue of this Act

74. Regulations.

SCHEDULB

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KINGSTON IMPROVEMENTS 5

Cap. 197.
Law

19 Of 19s.
Act

26 of i9an.
9. 12.

THE KINGSTON IMPROVEMENTS ACT

IZIst May. 1890.1

1. This Act may be cited as the Kingston Improvements Shorttitle.
Act.

Inrerpreration

Interpreta-
tion.

9. In this Act-

“Commissioners” shall be deemed to refer to the Kingston
and Saint Andrew Corporation created and established
by the Kingston and St. Andrew Corporation Act and
the Council constituted under that Act, except when
used in relation to water works or sewerage in which
case the expression shall be deemed to refer to the
Commission established under the National Water 2~ 19x0
Commission Act, and shall in either case be so read
and construed accordingly;

“Kingston” means the parish of Kingston as defined by the
Counties and Parishes Act;

”Managing Commissioner” shall be deemed to refer to the
Mayor under the Kingston and St. Andrew Corporation
Act, except when used in relation to water works or
sewerage in which case the expression shall be deemed
to refer to the Chairman of the National Water Corn- ~ 1 1 9 8 0
mission established under the National Water Commis- S.
sion Act, and shall in either case be so read and
construed accordingly;

“owner” means the person for the time being receiving the
rent of the land or premises in connection with which
the word is used, whether on his own account or as

s. I ? .

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6 K I N G S T O N I M P R O V E M E N T S

agent, or trustee for any other person, or who would
so receive the same, if such land or premises were let:

“person” includes any body Of persons, whether corporate
or unincorporate;

‘-.l‘he Promoters of the Undertaking” means the Managing
Commissioner;

“S t . Andrew” means the parish of Saint Andrew, as defined
by the Counties and Parishes Act;

“sewage” means the wastes of animal life othzr than stable
manure, the draining of stable, water discharged from
sinks, basins, baths, and all other water that has been
used for domestic purposes, or in any industrial
processes, and all waste water;

“sewer” means any culvert, drain or pipe intended or used
[or the conveyance of sewage;

“sewerage” shall mean the system of sewers and their
accessories by which the sewage of Kingston or of any
specific part thereof is or is intended to be conveyed;

“street” includes the public roads, lanes and thoroughfares
mentioned in the Schedule up to the widths mentioned
in the said Schedule, and also all other public roads.
lmes and thoroughfares, unenclosed public spaces,
alleys, bridges, and the lands between any such and the
boundary line of the adjoining properties;

“Street Authority” includes the Kingston and St. Andrew
Corporation created and established by the Kingston
and St. Andrew Corporation Act, and the Council
constituted under that Act;

“the undertaking“ and the “works” include the sewerage of
Kingston, the repairs, improvement and reconstruction
of the streets of Kingston, and the making provision
for the drainage of Kingston under this Act, and the
undertaking and works under this Act authorized to be
executed.

Schedule

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KINGSTON IMPROVEMENTS 7

Acrs Incorporated

3. The following Acts are, for the purposes of this Act, ~ c t ~ i n -
incorporated herein and to be read herewith, except in so corporalcd.
far as the same are not material for any such purpose, or
in any way modified by this Act, that is to say-

(a) the Tax Collection Act, or any enactment in sub-
stitution thereof;

(b) the Property Tax Act, or any enactment in sub-
stitution thereof;

(c) the Licence and Registration Duties Act, or any
enactment in substitution thereof;

(d) the Lands Clauses Act, except sections 10, 11, 15,
16, 67, 68, 84, 88, 89, 90, 91, 92, 93, 101, 103, 104
and 105, so far as section 105 relates to the
deduction of a percentage from money paid into
the Treasury and except so far as the said Act is
varied by or is inconsistent with the provisions of
this Act;

(4 the Part V of the Justices of the Peace Jurisdiction
Act, except the section dealing with any penalty
imposed by any enactment relating to the revenue
of this Island.

Financial

4. In order better to provide for the maintenance and ~nn-1
repair of the streets of Kingston there shall be stated allowanco.
annually on the Estimates for the Public Service, and shall
be paid annually accordingly as part of the General Expendi-
ture, the sum of four hundred dollars.

5. The Commissioners shall have the care, inspection, ammission-
cn to have maintenance, repair, working and management of the Ihcrontrol

sewerage system, and the expenditure incidental thereto
syatem.

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8 KINGSTON IMPROVEMENTS

shall bc provided for wholly or in part by an annual
contribution from the Consolidated Fund of the sum of
eighteen thousand dollars.

191 1956 s. 3.

Exemption
from stamp
duty.

Power to
apply nett
unappro-
priated
profits of
certain
under-
takings.

6. All conveyances, receipts and other documents made
or given by or to the Commissioners shall be free of stamp
duty. The Commissioners shall be entitled to the issue of
free process.

Surplus Firnds

7. The amounts of profits and losses accrued in the
accounts of the Commissioners in respect of the Gas Works,
Markets and Slaughter House, administered by them (in
this section called “the undertakings”), shall be transferred
to a single account of Surplus Funds, and the nett
unappropriated profits, if any, and the losses, if any, on the
administration of the aforesaid undertakings, thereafter as
shown in the accounts of the Commissioners for each year
ending the 31st of March, shall at the close of each such
year be carried into the same account of Surplus Funds, and
it shall be lawful for the aforesaid Commissioners with the
approval or by the direction of the Minister, to apply any
amount standing to the credit of Surplus Funds to any of
the following purposes, narnely-

(U) to refund advances made by the Commissioners
for the maintenance of storm water drains for
which no provision has otherwise been made;

(b) in aid of the accounts of any one of the under-
takings above mentioned;

(c) for such other service under the administration
of the Commissioners including the services of
any loans administered by them, as the Minister
may from time to time approve;

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KINGSTON IMPROVEMENTS

(4 to the reduction of the rate.s and charges for the
supply of gas, or for the use of markets or the
slaughter house.

Public Sewers

8 . 4 1 ) The Commissioners shall, so far as may be Plans,speci-
necessary, prepare or cause to be prepared plans, specifica- eaimatesfor
tions, and estimates, for the sewerage of Kingston, and for *werage.
the disposal of the sewage either by discharging it into the
sea beyond the limits of the parish of Kingston, or by
utilizing it for irrigation.

(2) The Commissioners shall submit such plans,
specifications and estimates when prepared to their
satisfaction, to the Minister for consideration and approval
and they shall make or cause to ,be made in such plans,
specifications and estimates such modifications and alter-
ations as the Minister may at any time direct, and shall
submit such modified or altered plans for like consideration
and approval by the Minister.

licationr and

9. It shall be lawful for the Cammissioners- Powen of
+e Comrnis- (a) to cause underground main and branch sewers to s,oneis.

be constructed under all or any of the streets of
Kingston and Saint Andrew and under, through, section 5.
over, or upon lands to be acquired for that
purpose in the parishes of Kingston and Saint
Andrew or either of them, in accordance with the
plans, specifications, and estimates approved by
the Minister as above provided, and to cause the
sewerage of Kingston and Saint Andrew to be
conducted into and conveyed along such sewers
to such place or places as the Minister may at any
time approve there to be discharged therefrom
and disposed of as the Minister may from time to
time approve :

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10 KINGSTON IMPROVEMENTS

Provided that such parts only of the works shall
be undertaken as the Minister shall from time to
time authorize by writing under his hand;

(b) to make connecting sewers from the said main
and branch sewers, or any of them, to or into the
several premises abutting on such streets, which
connecting sewers shall be public sewers and shall
be maintained and repaired by the Commissioners;

(c) to enter on any premises as last aforesaid and
examine the same, and take such measurements
and levels and make such excavations as they may
consider necessary to determine the most suitable
position for any such connecting sewer as afore-
said.

House Sewers

House 10. Within fourteen days after notice given by the
ownerof Commissioners in writing for that purpose, the owner or
house make con- occupier of any house or building abutting on any street, or
necting within one hundred yards of any connecting sewer, shall,

subject to the provisions of any regulations made by the
Commissioners, construct or lay therefrom to such connect-
ing sewer, covered branch drain or pipes, with such
connections, of such materials, of such size, at such level,
with such fall, and in such position as the Commissioners
think necessary, for the drainage of the sewage from such
house or building, its areas, water closets, baths, offices and
stabIes.

Such branch drains or pipes shall be furnished with such
gullytraps, sinks, approved traps, coverings, means of
ventilation, gratings and other accessories, as the Commi-
ssioners shall by regulation or otherwise prescribe.

Such branch drain, pipes, and accessories as above are
hereinafter referred to as “house sewers”.

sewers.

sewers.

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KINGSTON 1MPROVEMENTS

Every inlet to any such house sewer shall be protected
against the entry of any rain water draining off the roofs
of buildings, or off any yard, or land, to such extent and
in such manner as the Commissioners may seem fit to order,
and the Commissioners may by regulation provide, that
notice shall be forthwith given to them by the occupiers of
any house or premises of any occurrence whereby rain water
finds access into such sewer.

11

11. Within fourteen days after notice given by the Provision=
Commissioners in writing for that purpose, the owner of clow,stobe
every house or building shall subject to the provisions of r;i::bY
any regulations made by the Commissioners, provide for
each house or building one or more properly equipped water
closets :

Provided always, that if in the opinion of the Commi-
ssioners it is not advisable to provide water closets for each
house or building, they, after a like notice, may, subject
3s aforesaid, require the owner of a tenement to construct
in some convenient place or places, a sufficient niimber of
water closets for the separate use of each sex of the inmates
and occupiers of the said tenements.

to water

12. The situation, dimensions, materials, construction and situation,
appliances of every water closet shall be subject to the
approval of the Commissioners.

13. The Commissioners may order the owner or occupier omen of
of any hotel, inn, public house, or other place of public topmvido
entertainment or amusement, to provide within such time ;;zb,
as the Commissioners think fit and thencefonvard to main-
tain upon, or adjoining his premises, water closets and
urinals, one or more, to the satisfaction of the Commi-
ssioners; and if any person fail in any respect to comply with
the provisions of this enactment, he shall be liable to a
penalty of fifty cents for every day during which such failure

hotels, etc..

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12 KlNGSTON IMPROVEMENTS

continues after the expiration of fourteen days from the
service of such order upon him, and the Commissioners
may order the owner or occupier of any premises to removc
any water closets or urinals belonging thereto where it
appears to them so situated or constructed as to be a
nuisance or offensive to public decency, or otherwise
objectionable, and all such urinals shall be cleansed once
in twenty-four hours by the occupier of the house or place
to which they belong to the satisfaction of the Commi-
ssioners; and in default thereof each occupier shall be liable
to a penalty not exceeding four dollars for every offence.

When

d l o d o n

14. Whenever any house or building has been provided
with a house sewer to the satisfaction of the Commissioners,
it shall not be lawful for the occupier of any such house or
premises to allow any sewage to flow or to be deposited or
thrown from such house or premises or any part thereof
into the streets.

sewage not
to be

the stree!s.

Sewagenot 15. Whenever any house or building has been provided
dispasedof with a house sewer and also with a water closet, or water
except through, closets, to the satisfaction of the Commissioners, it shall
connecting not be lawful for the occupier of such house or premises to

allow any sewage to flow or to be deposited or thrown from
such house or premises, or any part thereof, either in the
streets, or into any privy, cesspit, or other receptacle either
within such premises, or elsewhere than by the connecting
sewer from such house or premises into the main sewer or
pipe provided under this Act.

to be

sewer.

Penaltyfor

or 15. l 4

16. The occupier of any house or premises as aforesaid
from which any sewage is allowed to flow either by him or
others in the house, or from which any sewage is deposited
or thrown either by him or others in his house, and any
person depositing or throwing the same, contrary to the
provisions of either of the two preceding sections, shall be

offending

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KINGSTON IMPROVEMENTS

guilty of an offence against this Act and shall be liable, on
conviction thereof, to a penalty not exceeding ten dollars.

17. Whenever any house or building has been provided v+!n
with a house sewer and a water closet or water closets 10 fobe
the satisfaction of the Commissioners, the owner of the filledup.
house or building shall within one month after notice to
that effect from the Commissioners, cause any privy or
cesspit existing on the premises to be cleaned out, if
considered necessary by the Commissioners and to be
disinfected, filled up and effectually covered over to the
satisfaction of the Commissioners.

pnv1es

13

U. If any garbage, hair, ashes, fruit, vegetable, peelings, Nothingbut
rags, bottles, tins, refuse or any other matter or thing what- paper to be
soever except sewage as defined in this Act, and the BeweTs.
necessary closet paper, shall be thrown into or deposited
in any receptacle connected with a sewer, either by the
occupier of any house, premises or other place, or by any
person in such house, premises, or place, such occupier,
and also the person throwing or depositing any such thing
in any such receptacle shall be liable for all damages and
for all expenses for taking out of the sewer any such thing
and shall also be liable to a penalty not exceeding ten
dollars.

sewage and

allowed in

19. No person shall connect with any sewer any pipe for Pendryfor
conveying steam or hot water at a temperature exceeding withsewer wnnecting
150 degrees Fahrenheit, under a penalty not exceeding ten pipes Eor,veylng for
dollars for every such offence. aieam, eu;.

20. If in the judgment of the Commissioners sewage of Commission-
any particular kind would be injurious to the sewers, it shall Sz'
be lawful for them to prohibit the occupier of any house, ~ ~ ~ e ' ~ ,
premises, or place from permitting the same to run into any
sewer. and. if after such Drohibition the same shall be ~ ~ t h r o u e h

be
allowed to
I -
sewers.

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14 KINGSTON IMPROVEMENTS

introduced into or allowed to enter any sewer, the occupier
of any such house, premises or place, and also the person
introducing or allowing such sewage to run into any sewer
as aforesaid, shall be liable to a penalty not exceeding ten
dollars.

House 21. All house sewers and water closets shall be under the
closelsundcr survey and control of the Commissioners, and shall be
mntro'of Commission- reconstructed or altered, repaired and kept in proper order,
ers. at the cost of the owners of the premises to which the same

sewers and

Inspection
of house
sewcm and
water
closets.

Notics of
repairs to
be done.

belong, or for the use of which they are constructed or
continued.

22. Any person appointed by the Commissioners either
specially or generally, may inspect any house sewer or water
closet, and for that purpose at all reasonable times in the
day without any notice, may enter upon any lands and
buildings with such assistants and workmen as are necessary,
and cause the ground to be opened, where he thinks fit,
doing as little damage as may be. and if such house sewer
or water closet be found to be in proper order and condi-
tion, he shall cause the ground to be closed and make good
as soon as may be, and the expenses of opening, closing, and
making good such house sewer or water closet shall in that
case be defrayed by the Commissioners.

23. If any such house sewer or water closet be on inspec-
tion found to have been constructed contrary to the
directions and regulations of the Commissioners or contrary
to the provisions of this Act, or to be in bad condition, or
to require alteration or amendment, the Commissioners shall
forthwith cause notice in writing to be given to the owner
or occupier of the premises requiring him forthwith, or with-
in a reasonable time therein specified, to do the necessary
works, and if such notice is not complied with, the person
to whom it is given shall be liable to a penalty of one dollar

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KINGSTON IMPROVEMENTS 15

for every day during which he continues to make default and
the Commissioners may, if thev think fit, execute such
works, and may recover from the owner the expenses
incurred by them in so doing.

24. All house sewers and water closets shall also be Inspection
by ofiaals. subject to inspection by the Medical Officer (Health), the

Public Health Inspector and any Sanitary Of5cer of the
parish or district in which the same shall be situated, who
shall co-operate with the Commissioners to the end that the
said house sewers and water closets shall be kept in proper
condition.

2 5 . 4 1 ) It shall be lawful for the Commissioners to ~ i ~ ~ ~ ~ e d
authorize persons to construct, extend, alter or repair house ~ ~ ~ ~ ~ c .
sewers and water closets. Persons thus authorized shall, for tors.
the purposes of this Act, be styled Licensed Sanitary
Constructors. Prior to giving any licence, the Commi-
ssioners shall satisfy themselves of the competence of the
applicant, who shall enter into an agreement with the
Commissioners to carry out the provisions of this Act and
of any regulations made under authority thereof, and to
obey the orders of the Commissioners or of persons acting
under the authority of the Commissioners, within the mean-
ing and intent of this Act. Licensed Sanitary Constructors
shall be responsible, in respect of all acts and deeds done
by persons employed by them or acting under their instruc-
tions, as though the acts and deeds were done by the
Licensed Sanitary Constructors themselves.

(2) If in the opinion of the Commissioners a
Licensed Sanitary Constructor does anything contrary to
the provisions of this Act, or to the regulations made under
authority thereof, or in any way fails to carry out work to
the satisfaction of the Commissioners then the licence of
the said Licensed Sanitary Constructor may be cancelled
and withdrawn. Notice of the withdrawal of such licence

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16

None but
Licfnsed
Sanitary
conruuc-
tors
to execute
works.

KINGSTON IMPROVEMENTS

shall be published in the Gazette and in at least two news-
papers published in Kingston. And the withdrawal of such
licence shall not prejudice the right to recover damages
caused by the neglect or default of the person from whom
it is withdrawn, either as regards the householder or the
Commissioners.

26. It shall not be lawful for any person, other than a
Licensed Sanitary Constructor, to construct, extend, alter,
or repair house sewers or water closets. And any un-
licensed person who constructs, extends, alters, or repairs,
or who causes to be constructed, extended, altered or
repaired, any house sewer or water closet by an unlicensed
person, shall be liable to a penalty not less than two dollars
and not exceeding ten dollars :

Provided always that any person employed by the Corn-
missioners shall, as regards work done by him, under
authority of the Commissioners be for the purposes of this
Act a Licensed Sanitary Constructor.

Improvement of Streets

Plans,speci- 27. The Commissioners shall from time to time prepare
estimateafar or cause to be prepared plans, specifications and estimates
therecon- StNCUO for the restoration of all or any of the streets of Kingston,
of the or any part thereof, to their original width, as to those

mentioned in the Schedule, to the width shown in the said
Schedule or to any lesser width or widths and as to any not
mentioned in the said Schedule, to their width or widths as
shown by plans approved as herein provided, for the
removal of obstructions therefrom, for the construction of
footways for the use of passengers, and generally, for the
widening, enlarging, reconstructing, draining, and otherwise
improving the streets of Kingston, or any of them, or any
part thereof.

Ecations and

S t e t $ .

schedule.

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KINGSTON IMPROVEMENTS 17

Such plans shall show distinctly the centre line of any
streets to which the same relate, which shall be fixed by the
Commissioners after actual survey. Such plans shall also
show distinctly the obstructions to be removed from any
streets in order to restore the same to their original width
as shown in the said Schedule or otherwise, and, also any
structural alterations to buildings, consequent on the
removal of obstructions, which the Commissioners propose
should be made for the purposes of this Act. The said plans
shall also show any other lands or easements which it is
proposed to acquire for the purposes of this Act.

The Commissioners before submitting to the Minister
any plans on which are shown obstructions which it is pro-
posed to remove or structural alterations which it is pro-
posed to make, shall publish once at least in each of three
consecutive weeks in some newspaper published in Kingston,
an advertisement, stating the name of the street or streets
dealt with in the plan, and indicating that such plan may
be seen at the office of the Commissioners before being sub-
mitted to the Minister, and shall further serve a notice on
every owner or reputed owner and occupier of any premises
in reference to which obstructions are proposed to be
removed, or structural alterations are proposed to be made,
intimating that the plan of the proposed works may be seen
at the office of the Commissioners on application. Such
plan shall be open to inspection by anyone interested at the
office of the Commissioners, between the hours of 11 a.m.
and 3 p.m. on all working days for at least seven days after
the service of the last of such notices.

After compliance with the provisions of this section with
respect to advertisements and notices, the Commissioners
shall submit the plans, specifications and estimates, along
with any observations made by any owners or occupiers
(which shall be addressed to the Commissioners) and also

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18 KLVGSTON IMPROVEMENTS

any observations of the Commissioners in reply, to the
Minister for consideration and approval, and they shall
make or cause to be made in such plans, specifications and
estimates, such modifications and alterations as the Minister
may at any time direct, and shall submit such modified or
altered plans, specifications and estimates for like considera-
tion and approval by the Minister.

Powers of

mSSionerS

struction eets. of

28. It shall be lawful for the Commissioners in accord-
ance with plans, specifications and estimates so approved-

(a) to restore to their original width or widths, o r
otherwise, as shown in any such plans, all or any
of the streets of Kingston, or any part thereof,
and to the extent of such width or widths, to make
the same available for general and convenient use
as public thoroughfares;

(b) from time to time to cause all or any of the said
streets, or any part thereof, respectively, to be
paved, flagged, or otherwise made good, and the
ground or soil thereof to be raised, lowered or
altered in manner and with such materials as shall
be approved, and they may also pave or make with
such materials as shall be approved, any footways
for the use of passengers in any such streets;

(c) to cause such drains, culverts, pipes. gratings, and
water-tables, to be constructed as they may think
proper :

Provided that such parts only of the works sha11 be under-
taken, as the Minister shall from time to time authorize by
writing under his hand.

the Com-

as to the
recon-

Obstructions and Lines of Streets
29. The Commissioners after giving thirty days’ notice

in writing to the owner of any house or building of their
intention to remove or alter the same, may cause to be

EICctiOC.3
prmr CO Zlst
May,1840,
maybe
X m 0 V O - l .

IThe inclusion of this page is authorized by L.N. 480119731

KINGSTON IMPROVEMENTS 19

removed or altered, as they think fit, any porch, shed,
piazza, verandah, wall, post, fence, step, stairs, signpost,
sign iron, signboard, window-shutter, door, gate, or any
other projection, erected or placed prior to the 21st day of
May, 1890, against, or in front of such house or building,
and which is an obstruction to the safe and convenient
passage along any street, and which it shall be necessary
to remove or alter in order to carry out the works in
accordance with plans approved as aforesaid.

of such house or building, or land belonging thereto, such
other steps or stairs as they in their judgment shall deem
suitable and proper, in the stead of any steps or stairs which wallsin
may be so removed and which are shown to the satisfaction
of the Commissioners to have been erected with the express
consent of the former Street Authority, or to have been in
existence for more than twelve years prior to the 21st day of
May, 1890, and shall underpin any walls or erection, which
in consequence of the removal of any such obstructions, may
be left without necessary support previously afforded by
the obstructions so removed, and which support is shown to
the satisfaction of the Commissioners to have been enjoyed
with the express consent of the former Street Authority, or,
for more than twelve years prior to the 21st day of May,
1890.

express consent of the former Street Authority, or, for more t'on.
than twelve years prior to the 21st day of May, 1890, the
Commissioners shall make reasonable compensation to every
person who suffers damage by such removal or alteration, the
amount of compensation, in case of dispute, being settled by
arbitration in manner provided by this Act, but no compen-
sation shall be allowed in any case of a removaI or alteration
of any obstruction, which is not a necessary support to any
building or to any roof.

The Commissioners shall erect or provide within the limits Commission-
ers shall

steps

certain cases.

If any such obstructions shall have been erected with the Compensa-

IThe inclusion of tbk page is authorized by LN. 480/1973]

20 KINGSTON IMPROVEMENTS

Removal of

made since

1890.

30. The Commissioners may give notice in writing to the
owner of any house or building requiring him to remove or
alter any such obstruction, projection or erection, as in the
immediately preceding section mentioned, erected or placed
after the 21st day of May, 1890, against or in front of any
house or building in Kingston, and which is an obstruction
to the safe and convenient passage along any street; and
such owner shall within fourteen days after the service of
such notice comply with such requirement and in default
thereof he shall be liable to a penalty not exceeding four
dollars and the Commissioners may remove such obstruction
or projection, and the expense of such removal shall be
paid by the owner so making default.

erections

the 2lst
May,

Doors.etc.,

inwards.
31. All doors, gates, window-shutters and bars, put up

after the 17th day of September, 1897, in Kingston, and
which open upon any street, shall be hung or placed so as
not to open outwards; and if any such door, gate, window-
shutter, or bar, be hung or placed so as to open outwards
on any such street, the owner of the premises to which such
door, gate, or bar is attached shall, within eight days after
notice in writing from the Commissioners to that effect,
cause the same to be altered so as not to open outwards; and
in case he neglects so to do, he shall be liable to a penalty
not exceeding four dollars.

to open

cmmission. 32. If any such door, gate, window-shutter, or bar was,
alterdoors, before the 17th day of September, 1897, hung so as to open

outwards upon any street, the Commissioners may alter
the same, so that no part thereof, when open, shall project
over any public way.

ers may

etc., so as to
open

Line of 33. When any house or building has been taken down in
rebuilt to be whole or in part in order to be altered, or is to be rebuilt,

the Commissioners may prescribe the line in which any
house or building, or the front thereof, to be built or rebuilt

houses to be

prescribed.

me inclusion of this page is authorized by L.N. 480/1973]

KINGSTON IMPROVEMENTS

in the same situation shall be erected, and such house or
building, or the front thereof, shall not be erected except in
accordance therewith.

The Commissioners shall pay or tender compensation to
the owner or other person immediately interested in such
house or building, for any loss or damage he may sustain in
consequence of his house or building being set back or
forward, the amount of such compensation in case of
dispute, to be settled by arbitration in manner provided by
this Act.

21

34. Every person who proposes to erect a new building, N~~
or to repair the frontage of any building in Kingston shall ~ $ ~ ~ ~ f ~
make a written application for the approval of the Com- t;;b",;;;
missioners, such application shall be accompanied by a to,Cpm-
ground plan of the frontage of such building, drawn to such
scale, and with such particulars as the Commissioners shall
by regulation prescribe.

missioners.

35. Every person who shall erect, or begin to erect, or Ereftionof
building repair any such building, without previously obtaining the withouf

written approval of the Commissioners or otherwise than
in conformity with such approval, and every person who thhd;~w
shall in the erection or alteration of any such building, with
deviate from the plan approved by the Commissioners shall corn-
be liable to a penalty of ten dollars besides being bound, II1lsSlonms.
if and in so far as required by the Commissioners to take
down the said building, or to restore it to the state it was
in previous to the alterations thereon, or to alter it in such
way as the Commissioners shall direct, so as to make it in
conformity with the approval of the Commissioners.

approval of

36.-(1) Within one month after notice given by the Corn- Provision
missioners in writing for the purpose, the owner or occupier removal
of any premises in Kingston shall, subject to the provisions rain water.
of any regulations made by the Commissioners, construct

for the

[The inclusion of lhis page is authorized by L.N. 480119731

22 KINGSTON IMPROVEMENTS

Provision
ar to lands
adjoining
street higher
than the
level of the
street.

Provision
as to the
guttering of
adjoining
houses.

on such premises one or more gutters, conduits, drains or
pipes, covered or uncovered, and of such materials, of such
size, and at such levels, and with such fall, and in such
position, as the Commissioners think necessary for the
removal of rain water from such premises up to and into
the nearest available street-gutter, water-table, or other
drain provided for the drainage of any street.

(2) If any such gutter, conduit, drain, or pipe,
whether made by order of the Commissioners or previously
existing, shall be closed, altered, or diverted, without the
written permission of the Commissioners the occupier of
the house or premises in connection with which such gutter,
conduit, drain, or pipe, has been constructed shall be guilty
of an offence against this Act, and shall be liable on convic-
tion to a penalty not exceeding ten dollars.

37. Within fourteen days after notice given by the Com-
missioners in writing for that purpose, the owner of any
land or buildings abutting on any street, if the level of the
street after reconstruction thereof shall be lower than the
level of such land or buildings at the boundary line between
the street and such land or buildings, shall either construct
within his own land a good and durable r e t a h g wall to
uphold the soil, or repair and make good any existing
foundations or walls above the level of the street, or cut
down and remove the soil of such land to such an extent
as shall be necessary, so as to prevent such soil or any part
of such foundations or walls breaking away and falling on
to any part of the street.

38. The occupier of every house or building in, adjoining,
or near, any street, shall, within thirty days after service
of an order of the Commissioners for that purpose, put up
and keep in condition a shoot or gutter of the whole length
of such house or building, and shall connect the same either
with a similar shoot on the adjoining house, or with a pipe

me inclusion of this page is authorized by L.N. 480/19731

KINGSTON 1MPROVEMENTS

or trunk to be fixed to the front or side of such building.
from the roof to the ground, to cany the water from the
roof thereof in such manner that the water from such house
or any portico or projection therefrom, shall not fall upon
persons passing along the street or flow over the foot-path,
and in default of any compliance with any such order within
the period aforesaid, such occupier shall be liable to a
penalty of four dollars for every day that he shall so make
default.

23

39. Where for any purposes of this Act the Commi- Provision
ssioners deem it necessary to raise, sink or otherwise alter, andgas
the situation of any water or gas pipes, mains, plugs, valves, ;;$;syd
stop-cocks, or other water works, or gas works, or water or
gas fittings, laid in or under any street, they may by notice
in writing require the owner of the pipes, mains, plugs,
valves, stop-cocks, or works, or fittings, to raise, sink, or
otherwise alter the situation of the same in such manner and
within such reasonable time as is specified in the notice,
and if such notioe is not complied with, the Commissioners
may themselves make the alteration required.

40. The owners of all such pipes, mains, plugs, valves, owneraor
stop-cocks, works or fittings as mentioned in section 39, ~~d~~~
shall, and they are hereby required to make and keep in their 7;Z;;elc-
offices so as to be accessible at all reasonable times to the plans.
Engineers of the Commissioners correct plans and sections
prepared so as to accurately show the exact situation of all
such pipes, mains, plugs, valves, stop-cocks, works or fittings,
and such plans and sections shall from time to time be altered
as necessary to show any alteration in the situation of any
of such works.

ssioners deem it necessary to alter the position of any poles, ~ c t ~ ~ ~
erected prior to the 17th day of September, 1897, in any
street by any person, for the purposes of telegraphic or

as to Walw

41. Where for any purposes of this Act, the Commi- ~o~eea-ted
prior to this

-
m e inclusion of this page is authorized by L.N. 480/1973]

24 KINGSTON IMPROVEMENTS

telephonic communication, electric lighting or for any other
purpose, or any lamp posts, they may from time to time
after giving notice in writing to the person to whom any
such poles or lamp posts belong of their intention so to do,
alter the position of any such poles or lamp posts in such
manner as they shall think proper but at the expense and
risk of the Commissioners.

~ o l c s ~ e t c . , 42. No person shall lay or place any such pipes, mains,
erectdin plugs, valves, stop-cocks, or other works or fittings, as
objectedto mentioned in section 40, at a depth or in a situation objected
bythecorn- to by the Commissioners and no person shall for any

purposes erect any pole or lamp post in a position objected
to by the Commissioners.

Provision 43. The opening and breaking up of any street by any
as opening to the and person for any purpose authorized by law, shall be subject
breaking UP to the following provisions-

(a) the person proposing to open or break up any
street, or any portion thereof, shall give to the
Commissioners not less than two clear days’ notice
in writing of his intention so to do, at a time to
be specified in the notice;

(b) he shall not open or break up any street or any
portion thereof, except under the superintendence
and to the satisfaction of the Commissioners
unless they neglect to give such superintendence
at the time specified in the notice or discontinue
the same during the work;

(c) on the completion of the works for which the
street was opened or broken up, the Commis-
sioners may, at their option, allow such person
to fill in the ground and make good the surface
subject to their superintendence and to their
satisfaction, or may themselves fill in the ground
and make good the surface, restoring the portion

not to be

positions

missionem.

of streets.

me inclusion of this page is authorized by L.N. 48Ol19731

KINGSTON IMPROVEMENTS 25

of the street open or broken up to as good condi-
tion as that in which it was before it was opened
or broken;

(d) all expenses of such superintendence and of
restoring the street broken up, shall be paid to
the Commissioners by the person at whose instance
the street was broken up.

44. If any person shall contravene or fail to comply in Penalty IOI
any respect with the provisions of either section 42 or E o m p ~ y w i ~
section 43, he shall for every such offence (without prejudice $i;!42
to any other remedy against him) be liable to a penalty not
exceeding forty dollars and to a further penalty not exceed-
ing ten dollars for each day during which any such
contravention or failure continues after the first day on
which such penalty is incurred.

failmg to

Closing Streets againsl Trafic

45. The Commissioners shall during the construction or powerto
clo& strwh repair of any street, and during the construction or repair p ~ a i n a

of +ny sewers, take proper precautions against accident, -
and may prevent any such. street from being used as a
common passage -or thoroughfare while such works are
wkd on.

. . They shall by-advertisement in the Gazeife-.$ve at least
seven .days’ . .. previous ~ notick . . .. of the date .on’ which it is
intended to interrupt the traffic &any street or any portion
thereof, and shall, by like advertisement, ~. . notify the date of
the .. re-openkg of the said . . . . street ~. . or , such . . . portion. . . .

In the .interval between such-.notires when given by the
National Water Commission for the Corporate A k a the
Street Authority shall cease to exercise any authority or to
perform any duties with respect to. such street or such por-

. . . . .
~. . .

.
p’W&Mcc.of ilk.pap.issummircd WLN- 83139863

26 KINGSTON IMPROVEMENTS

lion thereof as aforesaid, and such authority shall vest in
the Commissioners. who shall: for all purposes, be deemed
to be the Street or Road Authority.

I t shall be lawful for the Commissioners at any tiinc
without any notice, by an order in writing under its hand,
to direct that any portion of a street or road, not exceeding
one hundred yards in length, be closed and stopped as a
common passage or thoroughfare, for any period not
exceeding two hours, for the purpose of making surveys for
the purposes of this Act.

Every person who uses any street while so stopped as a
common passage or thoroughfare pursuant to the provisions
of this section, or extinguishes any light, without the author-
ity or consent of the Commissioners, shall for every such
olTence be liable to a penalty of ten dollars.

Power to acquire Lands and Easements

Powcr to 46. The Commissioners shall have power either by
lands aqlure agreement or compulsori1y-
men& (a) to enter upon. acquire. take. and purchase. any

land, or any right of user or enjoyment, right of
way or other right or easement, of, out of, over,
upon, under or in connection with, any land
belonging to the city, or any person, situated either
in Kingston or St Andrew, and to make and
complete and keep in repair and good order from
time to time, on such land, such works as may be
requisite for the sewerage of Kingston, the disposal
of the sewage, and the drainage of Kingston iii
accordance with the plans zpproved bp the
Minister from time to time as hereinbefore

(b) to enter upon, acquire and take such lands as
may be necessary for the purpose of widening,

and ease-

. provided;
rhe inclusion of t h s page is a U i h d by L.N. 87119861

KINGSTON IMPROVEMENTS 27

improving, or altering any street in accordance with
plans approved by the Minister from time to time
as hereinbefore provided. The power hereby
conferred shall not be construed so as in any way
to restrict or limit the power of the Commissioners
as to the removal of obstructions as hereinbefore
provided;

(c) to enter upon, acquire and take land and here-
ditaments, either in Kingston or St. Andrew, and
rights and easements in, upon, over, or under,
lands for any of the purposes of this Act, and,
if such disposal of the sewage be sanctioned by the
Minister, for the purpose of cultivating such lands
by means of sewage-irrigation and otherwise.

All lands, hereditaments, rights, and easemenls,
so acquired shall be conveyed to or vested in the
Commissioner of Lands of Jamaica;

(d) where in the opinion of the Commissioners the
value of any land, the owners of which might be
required to construct thereon a house-sewer, is
not such as to warrant the expenses of such
construction, to acquire, take and purchase such
land.

47. The Commissioners may, in acquiring any easement, pawcm
covenant and agree with any person from whom such ease- ~ \ ; : ; ~ t a s
ment may be acquired, that they will pay all future damage damage.
when and as such damage may from time to time be
occasioned by the exercise of any of the rights conferred on
them by law, or under any agreement for an easement, and
in cases where no agreement shall be come to as to the
compensation to be paid for any easement, the Commission-
ers shall be entitled to have such compensation assessed on
the assumption or basis that they will enter into the covenant
or agreement hereinbefore mentioned.

me inclusion of this page is authorized by L.N. 480/1Y73]

28 KINGSTON IMPROVEMENTS

Any superfluous lands not required for the purposes of
the undertaking may be sold by the Commissioners and shall
be conveyed by the Commissioner of Lands to such persons
and in such manner as the Commissioners may direct.

The incorporation of portions of the Lands Clauses Act,
as provided for in section 3, shall not be construed as in any
way affecting the special provisions contained in this Act
in reference to the removal by the Corporation of
obstructions or as to compensation in such cases.

power to

h d b
make

48. I t shall be lawful for the Commissioners or for any
person or persons from time to time authorized by them in
writing, with such assistants as such person or persons may
deem necessary, at all reasonable times to enter on any lands
in the parishes of Kingston and St. Andrew and make
surveys and do all things thereon necessary for making a
survey for the purposes of the undertaking. No entry upon
land under such authority shall be made until after three
days’ notice in writing has been given to the occupier of
such land, or, in case the occupier is not known or cannot
be found, has been posted up conspicuously on the land,
except by consent of such occupier.

enter on

surveys.

Extended Powers as to Lighghring and Sewerage

Interpreta-
tion.

49. In the construction of sections 49 to 53 inclusive-
“street” shall include “road”;
“the undertaking” and the “works” mean the Sewerage of

St. Andrew and the lighting of the Government and
public buildings and institutions and streets and roads
in Kingston and St. Andrew as well as the undertaking
and works defined in section 2.

prePanltion 50. The Commissioners shall from time to time prepare
specifics- of plan . or cause to be prepared plans, specifications and estimates
tions. for the construction or improvement or both of the under-
undertaking. taking and the works or so much thereof as the Minister
etc.. of the

etc.
[The inclusion of this pagc is authorized by L.N. 480119731

KINGSTON IMPROVEMENTS 29

may approve and shall submit such plans, specifications
and estimates when prepared to their satisfaction to the
Minister for consideration and approval and they shall make
or cause to be made in such plans, specifications and
estimates such modifications and alterations as the Minister
may direct and shall submit such modified or altered plans
for the like consideration and approval by the Minister.

51. It shall be lawful for the Commissioners with the Performance
and main- approval of the Minister to cause the works mentioned and tenan- of

set out in such plans, specifications and estimates to be
performed and thereafter to maintain and carry on the same.

52. All the terms, conditions, powers and provisions of Terms. con- the Kingston Gas Works Law and of this Act in respect ditions, inresmctof etc.,
of the undertaking and works originally authorized and ~ ~ $ ~ ~ ~ ,
as defined in section 2 shall apply as well to the under- cap.2o,
taking and works set out in sections 49,50 and 51. 1938Edtn. (Omitted).

53. Sections 49 to 53 shall be incorporated and read as Sections49
to 53

aled with
Kingston
Gas works
1 .Iw

one with the Kingston Gas Works Law and all enactments incorpor.
amending or incorporated with the said Law.

EXECUTION OF WORKS
6mitted).

By rhe Commissioners

54. The Commissioners shall, for the purposes of this Powerto
Act, have power, by themselves or their officers, to enter prem,ses.
at all hours in the day time, into and upon any premises
in Kingston and St. Andrew, as well for the purpose of
inspection as for the purpose of executing any work
authorized to be executed by them under this Act, without
being liable to any legal proceedings on account thereof :

Provided always, that except when herein otherwise
provided, the Commissioners or their officers shall not make

enter.

m e inclusion of t h i s page is authorized by L.N. 480119731

30 KINGSTON IMPROVEMENTS

any such entry, unless with the consent of the occupier, until
after the expiration of forty-eight hours’ notice in writing
for that purpose, given to the occupier.

~ e n n ~ t y for 55. Every person who shall at any time obstruct the Com-
obstructing
~ ~ ~ ~ i ~ ~ i ~ ~ missioners, or shall resist, obstruct, or molest any workman

or other person employed in the execution of any duty or ers or their servants.
the performance of any work by virtue of this Act, or of
any regulation or order of the Commissioners or shall aid
or incite any person so to do, shall for every such offence
on conviction thereof be liable to a penalty of twenty dollars,
and in default of payment, to imprisonment for a period of
three months determinable on the earlier payment of the
penalty. This shall be without prejudice to the right of any
such workman or other person on whom any assault or
offence may have been committed, to sue in any competent
court for compensation, damages, or expenses, for any
injury or loss he may thereby sustain.

By Owners or Occupiers

~ ~ ~ ~ i ~ s i ~ ~ - 56. Whenever under the provisions of this Act any work
n,orkowner of any kind is required to be executed by the owner or
Orormmer occupier of any premises, or by any other person, and

default is made in the execution of such work, the Commis-
sioners (whether there be a penalty imposed for the default
or not) may cause such work to be executed, and the
expense incurred by the Commissioners in respect thereof,
shall be repaid to them by such owner or occupier or other
person liable.

ers may do

fails to do.

Occupier
may do
work
owner
fails
to do.

57. Whenever default is made by the owner of any
premises in the execution of any work which by the provi-
sions of this Act falls to be executed by him, the occupier
of such premises may, with the approval of the Commis-
sioners, cause such work to be executed, and the expense
thereof shall be repaid to such occupier by the owner of

[The inclusion of this page is authorized by L.N. 480/1973]

KINGSTON IMPROVEMENTS

such premises, and such occupier may deduct the amount
of such expense out of the rent from time to time becoming
due to such owner.

58. If the owner of any premises made liable by the E ~ ~ ~ , ~ ~ ~
provisions of this Act, or by any agreement with the Corn- :$p
missioners, for the repayment to the Commissioners of any ;rr?vpddby
expenses incurred by them, does not as soon as the same consuutea
become due and payable from him repay such expenses to onthe
the Commissioners, the Commissioners may, without
prejudice to any other remedies herein contained, recover
such expenses, together with interest at a rate not exceeding
five per centurn per annum from the date of service
of the demand for same until payment thereof, from any
person who is the owner of such premises when the works
are completed, and until recovery of such expenses and
interest the same shall be a charge on the premises in
respect of which they were incurred in priority to all other
mortgages and charges thereon.

first charge

59. The Commissioners may, by way of additional E~~~~~~
remedy, require the payment of all or any part of such maybe
expenses and interest, payable by the owner for the time ;;E;;;d
being, from the person who then, or at any time thereafter, o=uplerwho mayd duct
occupies any such premises under such owner, and in itfromthe
default of payment thereof by such occupier on demand, mt
the Commissioners may issue their warrant directed to their
bailiff authorizing him to levy the amount, with all costs, by
distress and sale of the goods and chattels of the occupier for
the time being of the premises aforesaid; and every such
occupier shall be entitled to deduct from the rent payable
by him to his landlord so much as is so paid by or recovered
from him in respect of any such charge or expenses and
interest.

and interest

me inclusion of this page is authorized by L.N. 480119731

32 KINGSTON IMPROVEMENTS

Limitation
of the
liability of
the occupier
to pay
emenses

Cplllmi-
SE10"CrS
authorizd
to allow
time for
repament
not mceed-
ing twenty
>'ears.

60. No occupier of any premises shall be liable to pay
more money, in respect of any sums charged by this Act
on the owner thereof, than the amount of rent due from
him for the premises in respect of which such expenses and
interest are payable at the time of the demand, or which at
any time after such demand shall have accrued and become
payable by him, unless he neglect or refuse, upon application
made to him for that purpose by or on behalf of the Com-
missioners, truly to disclose the amount of his rent and the
name and address of the person to whom such rent is pay.
able; but the burden of proof that the sum demanded of any
such occupier is greater than the rent which is due by him
at the time of such demand, or which since accrued, shall lie
upon such occupier:

Provided further that nothing herein contained shall be
taken to affect any special contract made between any sucb
owner or occupier respecting the payment of the expenses
of any such works as aforesaid.

61. The Commissioners may, if they think fit, at the
request of any such owner, allow time for the repayment
of such expenses, but so that the same may be repaid by
annual payments computed so as to provide for the repay-
ment of the said expenses in a period not exceeding twenty
years with interest at a rate not exceeding five per
centum per annum and until recovery of such expenses shall
have been made the same shall be, subject to any charge
for property tax due to the Consolidated Fund, a charge
on the premises in respect of which they were incurred in
priority to all other mortgages and charges thereon. The
annual payments in this section referred to shall be paid
to the Collector of Taxes at his office and may be made in
equal quarterly instalments and payment thereof may be
enforced under the provisions of the Tax Collection Act,
as if the person liable to pay the said amounts had made a

me inclusion of this page is authorized by L.N. 480/19731

KINGSTON IMPROVEMENTS

return thereof under the said Tax Collection Act and had
failed therewith to pay the same.

33

62. If any expenses the repayment of which is provided ~ s ~ h e d u l t
for in section 61 remain unpaid and appear as a deficiency repayment
in the accounts of any year, a schedule of such amounts bycollector
shall be furnished by the Collector of Taxes to the Commis- &z;z;zn.
sioners, and if the Commissioners are satisfied that any ers.
person liable to pay such expenses is unable from poverty
to make such payment and that further proceedings for
the recovery of the amount due should not be taken against
him the amount of the deficiency in each such case shall on
application by the Collector be charged by the Accountant-
General against the General Fund of the Commissioners
and due provision therefor shall be made in the Corporate
Area General Rate :

of arrears in

to be given

Provided that the charge on the premises in respect of
which the expenses were incurred shall continue and shall
be enforceable at any time by the Commissioners :

Provided also that the Commissioners may a t any time
after the amount of the deficiency hereinbefore referred to
has been charged against the General Fund of the Commis-
sioners by resolution of the Commissioners and in such
terms and conditions as may be named in such resolution
release the said charge on the premises, and thereupon the
said charge shall be extinguished.

63. The Commissioners may either before or after calling Agreement
upon the owner or occupier of any premises to execute any madeasto
work of any kind, agree with such owner or occupier to t:y
supply materials for and to execute any such work, and all works.
expenses incurred by them, together with interest thereon
at the rate aforesaid, shall be recoverable in any of the
methods hereinbefore provided.

may be

me inclusion of this page is authorized by L.N. 480119731

34 KIh‘GSTON IMPROVEMENTS

Form and Service of Notices
provisions 64. Unless otherwise herein expressly provided, the
form and following provisions shall apply to the making, giving,
nOtiEeS. delivering or service of any notice, order, requisition,

demand, or other instrument, under this Act, or any regula-
tions in force-

(a) it may be in print or writing or partly in print or
partly writing, and may be authenticated by the
name of the Managing Commissioner, or other
proper officer, authorized either generally or
specially by the Commissioners, being affixed
thereto in print or writing;

(b) it shall be sufficiently given to any owner or
occupier of any premises if addressed simply to
the “owner” or “occupier” of the premises
(naming them) to which it relates;

(c) it may be served upon the person to whom it
relates either personally or through the post office
addressed to him at his usual or last known place
of abode or business in this Island, or by delivering
the same to some inmate there, or in case of an
occupier to an inmate of the premises to which
the document relates, or, if the building is
unoccupied and the place of abode of the person
after due enquiry cannot be found, by fixing the
same or a copy thereof upon some conspicuous
part of such premises.

65. It shall be lawful for the person sending such notice
to cancel or to give a new notice to the same or any other
person in respect of the matter or €or the enforcement of
the obligation referred to in it.

Serviceof 66. Any notice to or demand on the Commissioners
commission- u der this Act may be served on the Commissioners by

being delivered to the Managing Commissioner or by being

U8 to the

service of

Power to

andisus
cancel notice

new notice.

notice on

em.

me inclusion of this page is authorized by L.N. 480/1973]

KINGSTON IMPROVEMENTS

sent through the post in a registered letter directed to the
Managing Commissioner, in which latter case service shall
be deemed to be effected on the Commissioners on the day
on which such letter would be delivered in the ordinary
course of post.

Arbitration

67. The Commissioners may, if they think fit in any case, Partips may
agree with any person to settle any questions as to compensa- arbitration.
tion, damages or otherwise, by arbitration. In any such case,
and also in case of dispute as to the amount of any com-
pensation to be made under the provisions of this Act, or
as to any other matter, which by this Act is directed to be
settled by arbitration, the provisions of the Arbitration Act
shall apply.

agree LO

Legal

68. In all proceedings for any penalty under this Act, Certificateof
and in all actions, disputes, questions and proceedings, in ,T:F-
any way relating to or arising out of the execution or %;;zrna
intended execution of the works or undertaking hereby facieevi-
authorized, or any part thereof, the certificate of the Com- certain
missioners under their seal and signed by their proper officer
as to the undertaking or any part thereof being authorized
by the Minister, or as to any regulations having been
approved by the Minister, or published as directed by him,
or as to the employment of any person or persons by the
Commissioners in or about the undertaking, or any part
thereof, or as to the scope or terms of such employment, or
as to any particular work being authorized by the Commis-
sioners as part of an intended execution of the undertaking,
shall in all Courts be prima fucie evidence of the several
matters therein certified; and his certificate as to any act,
work or matter, being deemed by the Commissioners to be
proper, suitable, necessary or advisable, in or about the

dence of

mhe inclusion of this page is authorized by L.N. 480/1973]

36 KINGSTON IMPROVEMENTS

works, shall be conclusive evidence of the matters therein
certified.

Miscellaneous

69. Every person who is guilty of an offence against this
Act for which no penalty is provided or who contravenes
any regulation in force for the time being under this Act
shall forfeit a sum not exceeding ten dollars.

Penalties.

All penalties under this Act, or under any regulation made
thereunder, shall be recoverable summarily.

Commission- 70. The Commissioners may for the purposes of the
w o r k h m . undertaking lay down, maintain and work tramways or
pururposesof other ways on any street in Kingston or on any main or

parochial road in the parish of St. Andrew or on any land
acquired by the Commissioners for carrying out the
purposes of this Act:

Provided that such tramway or other ways shall be laid
and worked in such manner as shall be approved by the
Commissioners in the case of a street, or by the Chief
Technical Director in the case of a main road, or by the
Commissioners in the case of a parochia1 road in the
Corporate Area.

en may

ways for the

Commission-

traFtion

rol'en.

Provisionfor

from**

71. The Commissioners may, for any of the purposes of
the undertaking, or any works connected therewith, use
traction engines or steam rollers on any of the streets or
roads in Kingston or St. Andrew.

ers may use

engines or
steam

72. The Minister may, from time to time, order that
advances shall be made by the Accountant-General out of
the Consolidated Fund to the Commissioners to cover the
expenses of supplying materials and executing work for
owners or occupiers of premises or other persons, such

advances

Treasury.

me inclusion of this page is authorized by L.N. 480/1973]

KINGSTON IMPROVEMENTS

advances being made in such manner by such instalments,
and at such periods as the Minister shall think proper.

3 1

73. All duplicates of plans prepared under the provisions Duplicates
Of plane of this Act shall be of the same validity, and available for

all the like purposes as the originals of which they are
duplicates.

Regulations, eic., to be made by virtue of this Act

74.-(1) The Commissioners may from t h e to time make Regulations.
regulations-

(a) for regulating the manner of making application
for the construction, extension, alteration, and
repairs of house sewers and water-closets, and as
to the plans and other documents to accompany
such application;

(b) as to materials to be used in house sewers and
water-closets and surface drains for rain water,
as to the situation, nature. size, pattern and
quality of drains, water-closets, traps, pipes, and
other appliances to be used in connectioii there-
with;

(c) as to the purposes for and manner in which house
sewers and water-closets are to be used;

(d) as to the licensing and controlling of Sanitary
Constructors, and as to the withdrawal of licences;

(e) for the repair of and the removal of obstructions
from house sewers, water-closets and drains and
other appliances to be used in connection there-
with, and for inspection of the same from time to
time, and the fees to be charged for the same;

(D as to the preparation of plans to be submitted to
the Commissioners for any purposes and as to the
scales on which the same are to be drawn;

mhe inclusion of this page is authorized by LN. 480119731

38 KINGSTON IMPROVEMENTS

(g) for the guidance of their proceedings;
(h) for carrying into effect and enforcing the several

powers conferred on them by this Act;
(z) generally for carrying out the provisions of this

Act,
and the Commissioners may from time to time, add to,
rescind, modify, and vary, any regulation in force here-
under.

(2) All regulations and all rescissions, modifications,
and alterations thereof and additions thereto, shall be
subject to the approval of the Minister, who may approve
or disapprove of the same, with or without modification,
addition or alteration.

(3) The several regulations, as approved by the
Minister, shall be respecti\Tely published or notified in such
general manner, and either generally, or to special persons,
as the Minister may direct :

Provided that in any proceedings for the breach of any
regulation it shall not be necessary to prove that the same
has bzen approved, published, or notified, or directed to be
published or notified as aforesaid.

Khe inclusion of Ihh page is authorized by L.N. 480f19731

Street or Lane

KINGSTON IMPROVEMENTS 39

SCHEDULE Schedule
Width
in feet

CENTRAL
1. Little Port Royal Street 30
2. Port Royal Street 40
3. Harbour Street 50
4. Water Lane-General

Penitentiary Wall to
Pechon Street 20
Do. Pechon Street to Sea 50

5. Tower Street 40
6. Barry Street 40
7. Laws street 40
8. Beckford Street-Orange

Street to Princess Street 50
Do. PMcess Street to
West Street 40

9. East Queen Street 66
10. West Queen Street 66
11. Suaon Street 50
12. Heywood Street 50
13. Beestan Street 40
14. Lane at St. GeDrges

School from Duke Street
to John’s Lane 45

15. Charles Street 40
16. North Street 40
17. Spanish Town Road 64
18. MikLane 20
19. Wellington Street 40
20. Bread Lane 20
21. Regent Street 50
22. Chcsmut Lane 20
23. Bond Street 50
24. Pink Lane
25. Oxford Street

20
50

26. Rose Lane 30
27. Pechon Street-Barry

Street to WaierLane 60
28. Pecbon Street-Water

Lane to Harbour Street 16
29. Pechon Street from

Harbour Street to Port
Royal Street 14

30. Kingston Pen Road 50
31. Street from Water Lane

to West-end of Harbour
street 50

[Tbe inclusion of this page

(Section 2) $met or Lane Wdlh
in feet

CENTRaL-continwd
32. Lindo Street from King-

ston Pen Road to Slaugh-
ter House 40

33. From Wherry Wharf to
Slaughter House 40

34. Ebenezer Lane from Spa-
nish Town Road to Mon-
tague Street 25

35. Montague Strect from
Spanish Town Road to
Chapel Street 40

36. Regent Lane from Spanish
Town Road to MontaEue -
Street

37. Corn Lane from Spanish
Town Road, southwards

38. Young Street do.
39. Salt Lane do.
40. Scott Lane do.
41. West Street
42. Matthews Lane
43. Princess Street
44. Luke Lane
45. Orange Street
46. Peters Lane
47. Chancery h e
48. King Street
49. Love Lane
50. Temple Lane
51. Church Street
52. M a r k h e
53. Duke Street
54. John’s Lane
55. East Street
56. George’s Lane
57. Hanover Street
58. Rum Lane
59. Wildman Street
60. Rosemary Lane
61. Maiden Lane
62. Gold Street
63. High Holborn Street
64. Foster Lane
65. Fleet Street
66. Ladd Lane

iuthonied by L.N. 480/1973]

14

I S
25
15
15
50
20
50
20
50
20
20
66
20
20
50
20
50
20
50
20
50
20
50
20
20
40
50
20
40
20 -

40 KINGSTON IMPROVEMENTS

ScHEDULE-cufllinued

Street or Lane Width Street or Lane
in feet 1 Width in feet

CENmAL--cofllinued

67. Smith Lane 20
68. James Street 31
69. Byndloss Lane 15
70. Rumbo Lane 10
71. South Sueet 50
72. Last Street 30
73. Tulip Lane 20
74. Percy Street 30
75. Drummond Street 30
76. Hannah Street 35
17. William Street 40
78. Little Water Lane, off

Drummond Street 20
79. Bedford Avenue, Bames

Gully to East Street 40
80. Nugent Lane, off Bedford

Avenue 26
81. Manchester Square 50
82. Manchester Square, south

side 26
83. Spencer Lane 20
84. Hamburg Lane 10
85. Hamburg Lane, running

north and south 18
86. Garrick Lane, King Street

to Love Lane 30
81. Garrick Lane, Love Lane

to Church Street 14
88. New Lane running east

from Love Lane 14
89. New Lane running north-

ward to New North
Street 20

90. Cephas Street 25
91. Kingston Lane 30
92. New Cross Street 20
93. New North Street 20
94. New North Street, Mark

Lane to Manchester
Square 30

SMITHS V r L u G E - c o n t i n u e d

97. Nuttall Street
98. Metcalfe Street
99. Water Street

100. Albert Street
101. Victoria Street
102. Elgin Street
103. Last Street

WEST OF RACE COURSE
104. Race Course Road west

side
105. Lane, Southernmost be-

tween King Street and
Orange Street

106. Street Southemmost
between King Street
and Orange Street

107. Lane, South of La Place
de Ffrey

108. La Place de Ffrey
109. Torrington Road, be-

tween Race Course and
Orange Street

110. Lane, round square be-
tween Raoe Course and
Orange Street, off Tor-
rington Road

11 1. Orange Street, North
Street to Torrington
Bridge

112. Torrington Road, be-
tween Orange Street and
Old Slip Pen Road

113. Tomngton Lane, off
Torrington Road

114. Lane, Northernmost be.
tween Orange Street aod
Old Slip Pen Road

115. Lane, Northernmost be-
tween Old Slipe Pen I Road and Ad-miral’s

SMITHS VILLAGE Pen c.,,Ilu - -._ __..,
95. King Street 11.6. Road off Old Slip Pen
96. Greenwich Street 2s 5 I Road to Match Works

25
25
25
25
25
25
30

50

2.2

36

24
40

50

2s

55

30

20

20

15

25

P’he inclusion of this page is autborized by L.N. 480119731

KINGSTON IMPROVEMENTS

ScHEnuu-continued

41

Street or Lane Width
in feet

WEST OF RACE Corns-
continued

117. Old Slipe Pen Road, Tor-
rington Road to Stud-
ley Park Road 40

11 8. Old Slipe Pen Road
from Studley Park Road
to W i l l i i Street 60

119. Old S l ip Pen Road
from William Street to
Drummond Street 50

120. Studley Park Road, off
Old Slipe Pen Road 40

SOUlTl CAMP ROAD DISTRICT
121. Goodwin Park, off Camp

Road 50
122. Road. south of West end

of Goodwin Park 30
123. Road parallel to and 90

yards south of Good-
win Park 30

124. Melbourne Road off
Camp Road 30

125. North Street, Barnes
Gully to Camp Road 45

126. Lissant Road, North
Street to Blake Road 35

127. Blake Road. East Queen
Street to part of Blake
Road running east and
west 33

Cross Roads and N o d
128. Blake Road, between

Street 20
129. Blake Road running east

and west 30
130. Blake Lane 24
13 I . CloveUy Road 30
132. South Camp Road 50
133. Price Lane, North Street

to Barnes Gully 24
134. Text Lane, North Street

to Beeston Street 20
135. Text Lane, Beeston

136. Elletson Road 40
Street to Gully 12

me inchion of this page

Street or Lane Width
in feet

S o w CM ROAD DISTRICT-
continued

137. Windward Road 40

138. Potters Row 25
139. William Street 40
140. John Street 40
141. Water Street 40
142. Paradise Street 40
143. Rae Street 40
144. H a ~ a h Street 40
145. Victoria Street 30
146. Fishers Row 23
147. Mulgrave Strmt 26
148. South Street 25
149. Lane from Tower S t m t

RAE TOW

North, to Penitentiaw
Wall

150. Catherine Street
151. Thompson AUey
152. Margaret Street
153. Stephen Lane
154. Bull Street
155. Charlotte Street
156. Sr Andrew Lane
157. McWhiiie Street
158. Bow Street
159. Musgrave Avenue
160. Burke Street
161. Burke Lane
162. Musgrave Lane
163. Norman Road from

South Camp Road to
Elletson Road, a b u t
1320 feet

164. Norman Crescent from
middle of Windward
Road to Elletson Road,

2.0
?A
10
22
20
U)
24
20
30
32
40
40
20
20

30

about 580 feet 20
165. No- Lane 20
166. Malvern Avenue from

East Queen Street N.,
a b u t 260 feet 25

167. Cleveland Road from
East Queen Street N.,
about 340 feet 30

orizcd by L.N. 480/19731

42 KINGSTON IMPROVEMENTS

~CHEDULE--confinued
Street or Lane Width

in feel

BROWN'S TOWN
168. Mitchell Street
169. Wellington Street
170. Adelaide Street
171. Bryden Street
172. Bray Street
173. Sligo Street
174. New Street
175. Hardy Street
176. Grabam Street
177. Lopez Street
178. New Bray Street
179. Black Lane
180. Prince Albert Street
181. Victoria Street

PASSMORE TOWN
182. Banana Street
183. Wild Street
184. Shoe Lane
185. Telephone Street
186. William Street
187. Maiden Street
188. Woodrow Lane

189. Victoria Street
190. Albert Street
191. Norfolk Lane
192. Northumberland Lane
193. Cambridge Street
194. St. Albans Lane
195. York Street
196. Somerset Lane
197. Cumberland Lane

FRANKLIN TOWN

198. Sussex Lane
199, Wellington Lane

30
30
20
30
30
2n
20
2n
20

20
20
20
30

20
40
20
40
40
40
20

40
40
20
20
40
20
40
20
20
20
20

20

KINGSTON G m m s
200. Lane. East side between

North Avenue and South
Avenue 16

201. East Avenue, Central 60
202. Middle Road. Central 25

m e inclusion of this page :

Street or Lane Width
in feet

KINGSTON GARDENS--Sonld.
203. North Avenue, Central 60
204. North Avenue, Eastern 30
205. North Avenue, Western 30
206. Road running North-

wards from West End
of North Avenue,

207. West Avenue. Central 60
208. South Avenue, Central 60
209. Road, continuation of

South Avenue, West-
ward 36

210. Lane, continuation of
South Avenue. East-

length 40 yards 20

ward 16
211. Lane. West side of Kinn-

1

ston-Gardens, North
Avenue 10 South ~~
Avenue 16

Conrad Lane 17
212. Lane, South Avenue to

213. Conrad Lane Gullv to

214.

215.

216.

217.

218.

Gully 17
Lane from Conrad Lane,
to Square on South 16
square from b n e on
b t to Central Road
from North Street to
Kingston Gardens 80
Lane in line of East
Avenue running South-
wards 15
Lane opposite !3quare
of, Central Road 15
Central Road from
North Street to Kmg-
ston Gardens 40

ALLMAN TOWN
219. Hannah Street 20
220. St%plIfa Street 20
221. sarah Street 20
222. Johns Street 20
223. Wild Street 20

iuthorizcd by LN. 480119731

Street or Lane Width
in feet

ALLMAN TowN--contd.

43

Width
in feet

Street or Lane

CAMPBELL TOu7.1--conid.

224. Hitchen Street
225. Robert Street
226. Prince Albert Street
227. Regent Street
228. Prince of Wales Street
229. Lord Elgin Street
230. Road East side of Race

231. Great George Street
232. Great George Street,

Hitchen Street to
Robert Street

233. Victoria Street I
234. Water Street
235. Arnold Road

Course

CAMPBELL TOWN
236. Hampden Street, Berrys

Pen to Campbell Street

30
20
20
20
20
20

45
35

2s
20
25
40

30
-

237. Oswald Street, East and
West of Hampden St. 30

238. Gray Street, Oswald
Street to Laidlaw St. 30

210. Vincent Street 30
240. Laidlaw Street, Gray

Street to Hampden
Street 30

241. Hibbert Street, Hamp.
den Street to Hart
Street ?n

242. Hart Street
243. Stanford Street, East

of Gnllv _ _
244. h p b h Street, East

of Gully
245. Campbell Street, from

Gully to Kingston
Gardens

_ _
30

30

30

30

[The inclusion of this p g e is authorized by L.N. 48011973)