Hamilton Sewerage Act 1917

to such connecting sewer covered branch drains or pipes, of such size and materials, at such level, with such fall and connections, and in such po sition as the Corporation may require for the drainage of the sewage from such house or building, its areas, water-closets, baths, offices and sta bles.

(2) Such branch drains or pipes shall be furnished with such traps, sinks, coverings, means of ventilation, gratings and other acces sories, as the Corporation may require, all of which are hereinafter re ferred "house sewers".

(3) Every inlet to such house sewer shall be protected to such extent as the Corporation may direct or require against the entry of any rain water draining off the roofs of buildings, or off any yard or land.

Disposal of sewage only through connecting sewer

6 (1) Whenever any house or building has been provided with a house sewer and also with a water-closet or water-closets approved by the Corporation Inspector, it shall not be lawful for the occupier of such house or building to allow any sewage to flow, or to be deposited or thrown, from such house or building, or from the premises whereon it stands, or any part thereof, into Hamilton Harbour, or into any privy, cesspit, or other receptacle, either on such premises or elsewhere, except by the connecting sewer between such house, building or premises and the sewerage system.

(2) The occupier of any such house or building from which any sewage is allowed to flow, or to be deposited or thrown, contrary to sub section (1), and the person depositing or throwing the same, each com mit an offence against this Act:

Punishment on summary conviction: a fine of $576 besides costs of prosecution.

Filling in of privies and cesspits

7 Whenever any house or building has been provided with a house sewer and a water-closet or water-closets, approved by the Corporation Inspector, the owner of such house or building shall, within one month after written notice to that effect from the Corporation, cause any privy or cesspit existing on the premises on which such house or building stands to be emptied and cleaned out, and, if so required by the Corpo ration, to be disinfected, filled up and effectually covered to the satisfac tion of the Corporation Inspector.

Improper use of sewers an offence

8 If any garbage, hair, ashes, fruit, vegetables, peelings, grease, rags, bottles, tins, refuse or any other matter or thing whatsoever, ex cept sewage as defined in this Act, and the necessary closet paper, is thrown into or deposited in any receptacle connected with the sewer, or if any house sewer becomes stopped from any cause other than the fault of the Corporation, the occupier of such premises shall be liable for the ex penses incurred by the Corporation in removing any such matter or thing from the sewer, or in removing the cause of stoppage, and the per son who threw or deposited such matter or thing in such receptacle or who caused such stoppage commits an offence against this Act:

Punishment on summary conviction: a fine of $720 besides costs of prosecution.

Prohibition of connection of steam or hot water pipes with sewers

9 Any person who connects or who allows to be connected, with any sewer any pipe for conveying steam or hot water at a temperature exceeding 150 degrees Fahrenheit commits an offence against this Act:

Punishment on summary conviction: a fine of $720 besides costs of prosecution.

Notice prohibiting injurious sewage

10 If in the judgment of the Corporation, sewage of any particular kind would be injurious to the sewers, the Corporation may, by a written notice to the occupier of any premises, prohibit him from permitting such sewage to be run into, or allowed to enter, any sewer after the expi ration of ten days from the delivery of such notice, and if after the expi ration of such period any such sewage is run into, or allowed to enter, any sewer from such premises, the occupier of such premises, and also the person permitting such sewage to be run into, or allowing such sewage to enter, such sewer, commits an offence against this Act:

Punishment on summary conviction: a fine of $720 besides costs of prosecution.

Control over house sewers and water closets

11 All house sewers and water-closets in the sewerage district shall be subject to the survey and control of the Corporation, and shall be re-constructed, altered, repaired, and kept in proper order, at the cost of the owners of the premises to which the same belong, or for the use of
which they are constructed or continued.

Inspection of house sewers and water closets

12 (1) Any Corporation Inspector may inspect any house sewer or water-closet, and for that purpose may, at all reasonable times in the day, enter on any premises, with such assistants and workmen as he may deem necessary, and cause the ground to be opened, doing as little damage as may be.

(2) If on any such inspection any such house sewer or water-closet is found to be in proper order and condition the Inspector shall cause the ground to be closed and made good as soon as may be, and the expense of opening, closing, and making good such ground, house sewer or water-closet shall be defrayed by the Corporation.

(3) If on any such inspection any such house sewer or water-closet is found not to be in proper order and condition, or to need re-construction, alteration or repair, the Corporation may give written no tice to the owner or occupier of the premises requiring him, within a rea sonable time therein specified, to execute the necessary works, specifying them; and if such notice is not complied with the person to whom it is given commits an offence against this Act:

Punishment on summary conviction: a fine of $57.60 for each day during which default in complying with the notice continues, besides costs of prosecution;

and the Corporation may, if they think fit, execute such works, and may recover from the owner or occupier the expenses incurred by the Corpo ration in so doing, with costs, in the manner provided by Magistrates Act 1948 [title 8 item 15], for the recovery of a debt or liquidated demand.

Corporation may do work and recover cost

13 Whenever under this Act, or of the regulations, any work of any kind is required to be executed by the owner or occupier of any premises, or by any other person, and default is made in the execution of such work, the Corporation may, (whether or not a fine is imposed for such default) cause such work to be executed, and the expense thereby in curred by the Corporation shall be forthwith repaid to the Corporation by the owner, occupier, or other person in default.

Occupier may do work and recover cost

14 Whenever under this Act, or of the regulations, any work of any kind is required to be executed by the owner of any premises, and de fault is made by him in the execution of such work, the occupier of such premises may, with the sanction of the Corporation, cause such work to be executed, and the expenses thereof may, at the option of the occupier, be forthwith recovered from the owner of such premises, or may be re tained by the occupier out of the rent thereafter from time to time be coming due by him to the owner

Remedy of Corporation

15 (1) If the owner of any premises who, under this Act, or of the regulations, or under any agreement with the Corporation, is liable for the re-payment of any expenses incurred by the Corporation, does not pay the expenses within one week after a written demand on him from the Corporation for payment thereof, the Corporation may, without prej udice to any other remedy under this Act, or otherwise, recover such ex penses, with interest thereon at the rate of five per cent. per annum from the date of the delivery of such demand until payment thereof, in the manner provided by the Magistrates Act 1948 [title 8 item 15], for the re covery of a debt or liquidated demand, from the person who was the owner of such premises when the works were completed, and until pay ment or recovery of such expenses and interest the same shall be a charge on such premises in priority to all mortgages and other charges thereon.

(2) The Corporation may, by way of additional remedy, require the payment of all or any part of any such expenses and interest from the person who then, or within three years thereafter, is the occupier of such premises under the person who was the owner thereof, when such expenses were incurred, and, in default of payment thereof by such oc cupier within such period as the Corporation may allow for such pay ment, the Corporation may recover such expenses and interest from such occupier, with costs, in the manner provided by the Magistrates Act 1948 [title 8 item 15], for the recovery of a debt or liquidated demand.

(3) Every such occupier shall be entitled to retain out of the rent payable by him to such owner as aforesaid such amount as may be recovered from such occupier under subsection (2), with interest thereon at the rate of five per cent. per annum from the date of payment, and, if the amount so retained is not sufficient to meet the amount recovered against such occupier with interest as aforesaid, the occupier shall be entitled to recover the unpaid residue from the owner, with costs, in the manner provided by the Magistrates Act 1948 [title 8 item 15], for the re covery of a debt or liquidated demand.

(4) No occupier of any premises shall be liable to pay more, in
respect of any sums payable by the owner under this Act, or under the regulations, or under any agreement with the Corporation, than the amount of rent then due or thereafter to become payable by him for the premises in question, or for any part of such premises, unless such oc cupier, on application made to him by or on behalf of the Corporation, has refused or neglected truly to disclose the amount of the rent payable by him, the times when such rent is payable, the amount then due for such rent, and the name and address of the person to whom such rent is payable.

(5) In any proceeding against the occupier of any premises for the recovery of any monies under the foregoing provisions of this section the burden of proof that the sum sought to be recovered from such oc cupier is greater than the rent due by him at the time payment was de manded, or which has since accrued, shall lie upon the occupier.

(6) Nothing herein contained shall be construed so as to affect any special contract made between any such owner and occupier re specting the payment of the expenses of any such works as aforesaid.

Corporation may allow time for payment of expenses

16 The Corporation may, at the request of any owner or occupier, allow him such time for the repayment of any expenses for which he is liable under the foregoing provisions of this Act, or under the regula tions, or under any agreement with the Corporation, and may receive the same by such instalments as, under the circumstances of the case, the Corporation consider reasonable, but so that the time for payment shall not exceed three years, and that such owner or occupier shall with each instalment pay to the Corporation interest at the rate of five per cent. per annum on the principal sum due immediately before the payment of such instalment computed from the date when such expenses became payable, or from the date of the last previous instalment, whichever last happens; and, if any such instalment is not paid on or within thirty days after the date on which the instalment should be paid, then the whole of the unpaid portion of the principal sum with all interest due thereon shall be recoverable forthwith in like manner as if time for repayment by instalments had not been allowed.

Corporation may execute works by agreement

17 The Corporation may, either before or after calling upon the owner or occupier of any premises to execute any work of any kind agree with such owner or occupier to supply materials for and to execute such work; and all expenses thereby incurred by the Corporation, with inter est thereon at the rate aforesaid, shall be recoverable by any of the methods hereinbefore provided.

Notices

18 Except where in this Act, or in the regulations, it is otherwise expressly provided, the following provisions shall apply with reference to any notice given, or any requisition or demand made, by the Corporation under this Act or under the regulations, that is to say—

(a) it may be in print or writing, or partly in print and partly in writing, and authenticated by the name of the Mayor or of the Secretary of the Corporation, being affixed thereto in print or in writing;

(b) it may be addressed simply "To the Owner", or "To the Occupier", without naming him, of the premises to which it relates, describing them with reasonable cer tainty;

(c) it may be given or made by delivering it to the person to whom it is addressed, or by leaving it for him with some person at his usual or last known place of abode or place of business, in Bermuda, or by forwarding it by post properly addressed to him at his usual or last known place of abode, or at his place of business, in Bermuda, or in the event of the absence from Bermuda of the addressee, by delivering it or forwarding it by post to his known agent in Bermuda, or if there is no agent known to the Corporation, then by affixing it on a conspicuous part of the premises to which it relates;

(d) any such notice given, or requisition or demand made, by the Corporation may be cancelled by the Corporation in writing, and a new notice may be given to, or requisi tion or demand made on, the same or any other person in respect of the subject matter thereof.

Service on Corporation

19 Any notice to, or demand on, the Corporation may be served by delivering the notice or demand to the Secretary of the Corporation, or by leaving the notice or demand for him with some person at the Corpora tion office in Hamilton.

Sewerage tax

20 (1) It shall be lawful for the Corporation to raise annually by
an equal rate (to be called a "sewerage tax") on all real and personal property within the sewerage district such sum as is estimated by the Corporation to be necessary for the extension, construction, improvement, mainte nance, upkeep and renewal of the sewerage system, and for the repay ment of any loans made to the Corporation for such purpose, and by way of contribution to any sinking fund which the Corporation may see fit to establish for the repayment of any such loans, and for any other pur poses incidental to the foregoing:

Provided that such sewerage tax shall not exceed twenty-five cents on the hundred dollars of the assessed value of the property liable to such tax.

(2) In estimating the amount of the annual expenditure for the purposes expressed in subsection (1) the Corporation shall take into ac count any other monies which are available for such purposes under this Act, or under any other Act for the time being in force.

Corporation may borrow money

21 Without prejudice to any other Act, the Corporation shall have power to borrow, whether by way of unsecured loan, debenture or other wise as the Corporation shall deem expedient, any sum or sums not ex ceeding in the aggregate four hundred and eighty thousand dollars for any of the purposes expressed in section 20(1).

Special sewerage tax

22 The Corporation shall also have power during the continuance of this Act to raise by a special rate (to be called "special sewerage tax") on all hotels and other premises with their furniture, fixtures, fittings and plant within the sewerage district which, in the judgment of the Corpo ration, by reason of the purposes for which such premises are occupied or used, or the nature of the business carried on on such premises, or for any other special reason, derive a larger benefit from the establish ment and maintenance of the sewerage system than premises occupied or used as dwelling-houses or for other ordinary purposes, such further annual sum, as is, with the annual sum to be derived from the sewerage tax, and any other monies, available for the like purposes under this Act, or any other Act, sufficient to make up the sum estimated by the Corpo ration to be sufficient for the then current year for the purposes ex pressed in section 20(1).

Appeals to Commissioners

23 (1) Any person who is aggrieved by any notice, requirement or demand of the Corporation under any of the powers contained in section 5, section 7, section 10, section 11 or section 12(3), or with any special sewerage tax imposed under the authority of section 22 may by a written notice (hereinafter referred to as "the notice of appeal") given to the Corporation within seven days after such notice being given, or such requirement or demand being made appeal to the Commissioners, and may prosecute such appeal on complying with the following re quirements, that is to say—

(a) the notice of appeal shall state specifically the grounds of the appeal, which on the hearing of the appeal shall be the only grounds upon which the appellant may rely, except with the special permission of the Commission ers;

(b) the appellant shall, within one week after giving the no tice of appeal, deliver a copy thereof to the Commission ers and shall deposit with them the sum of forty-eight dollars as security for the costs of the appeal, or shall give to the Corporation some other security satisfactory to the Corporation for the payment of such costs, in the event of the costs becoming payable by the appellant, and, if the security is given to the Corporation, the Cor poration shall forthwith give written notice thereof to the Commissioners.

(2) The Commissioners shall, as early as conveniently may be after the requirements of subsection (1) have been complied with, fix a time, within fifteen days thereafter at the latest, for the hearing of the appeal, giving at least three days written notice thereof to the appellant and to the Corporation.

(3) On the hearing of the appeal the Commissioners may ex amine on oath or affirmation, which may be administered by any Com missioner, any witnesses produced by either party to the appeal, and may call for and examine any books or documents in the possession of either party relating to the subject matter of the appeal, and may also enter and examine the premises with reference to which the appeal has arisen.

(4) The hearing of the appeal may be adjourned from time to time by the Commissioners for such period as they may deem expedient, and at the conclusion of the hearing, or as soon as practicable thereafter, the Commissioners shall give a written decision thereon, a copy of which shall be delivered to each party to the appeal.

(5) The decision of the Commissioners, or of a majority of them, with respect to the subject matter of the appeal shall be final and con clusive as between the parties thereto and their successors.

(6) The costs and expenses incidental to the hearing and deci sion of the appeal shall be borne and paid by the party against whom the decision is given unless the Commissioners otherwise direct by such de cision.

(7) If any dispute arises between the parties as to such costs and expenses it shall, on the written request of either party, be referred to the Commissioners, whose decision thereon shall be final.

(8) Witnesses attending before the Commissioners at the re quest of either party to an appeal and giving evidence, or producing doc uments required in evidence, shall be allowed witness money at the same rates as are, under the Rules of the Supreme Court, allowed to witnesses in civil cases, and such witness money shall be treated as a part of the costs and expenses of the appeal.

Exclusion of further appeal concerning special sewerage tax

24 In the event of an appeal to the Commissioners with reference to any special sewerage tax, and of subsequent proceedings by the Corpo ration for the recovery of such tax, no further appeal shall lie in the manner allowed by the Civil Appeals Act 1971 [title 8 item 85], from the judgment of the court of summary jurisdiction before which such tax is sued for so far as the amount of such tax is concerned.

Savings for Crown and others

25 Nothing in this Act shall affect the rights of Her Majesty, Her heirs and successors, or of any body politic or corporate, or of any other person or persons except such as are mentioned in this Act, and those claiming by, from or under them.

SCHEDULE

FEES OF COMMISSIONERS

On receiving a notice of appeal 0.48

On receipt of a deposit as security for costs 0.48

On giving a notice of hearing an appeal 0.24

On hearing an appeal:
for the first day of hearing 2.52

for each subsequent day or part of a day,
according to time occupied from 0.96
to 2.52

On preparing a written decision on an appeal,
according to length from 0.48
to 0.96

On a decision as to disputed costs
and expenses on an appeal 0.48

For copies* of decisions, or other documents,
for delivering to the parties on request,
per folio of 72 words, counting each
figure as a word 0.06

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[Amended by
1948 : 25 1963 : 56
1952 : 3 GN 367/1966
1952 : 11 1977 : 35
1961 : 1

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* The charge for copies shall not be payable to each Commissioner.

Bermuda Consolidated Legislation

Hamilton Sewerage Act 1917