(1) Such of the owners of premises fronting, adjoining, or abutting on any private way as by themselves or their tenants have the right to use or commonly do use the same shall be liable to pay portion of the cost of any works executed by the Council under the powers contained in this Part of this Act with respect to such private way.
(2) The owner of premises which do not actually front, adjoin, or abut upon any private way shall be liable to contribute to the cost of works executed by the Council with respect to such private way if such owner by himself or his tenants has the right of using or commonly does use such private way as a means of access to or of drainage from such premises and the same is, in the opinion of the Council, for his advantage or benefit.
(3) The Council shall cause to be served on every such person intended to be made liable notice in writing setting forth—
(a) That such specifications, maps, plans, sections, and elevations, estimate, scheme, and other particulars have been so prepared and are open for inspection, and the estimated amount of such person's liability:
(b) That on a date therein mentioned, and being not less than fourteen days from the service of such notice, the Council will proceed to consider such specifications, maps, plans, sections, and elevations, estimate, scheme, and other particulars, and the liability of each person in respect thereof:
(d) That, in default of any such person so objecting, the same will be adopted, and all such persons will be considered as having admitted that the Council has complied with all the requirements of this Part of this Act, and also their respective liabilities as appearing by the said scheme, and will be in all respects then finally bound and concluded thereby.
(4) Any person interested in or affected by the proposed work may appear before the Council on such date or on any date to which the consideration of the matter may be adjourned and object to such specifications, maps, plans, sections, and elevations, estimate, scheme, or other particulars, or any of them; but in no case shall it be necessary for the Council to give notice to any person of any adjournment of such consideration.
(b) If at any time before such adoption the Council considers it necessary to add the name of any other person to such scheme, or to make any variation in such specifications, maps, plans, sections, and elevations, estimate, scheme, or other particulars, it shall be at liberty to do so; but it shall give to every person affected by such addition or variation a like notice at least fourteen days before such adoption; and every such person shall be in all respects in the same position as if his name had been originally included in such scheme, or as if such variation had been part of the original specifications, maps, plans, sections, and elevations, estimate, scheme, or other particulars.
(c) Upon such adoption every person upon whom notice has been served and whose name is included in such scheme as adopted shall be considered as having admitted that the Council has complied with all the requirements of this Act, and also his liability to contribute to the work in the proportion adopted by the Council, and be finally bound and concluded by all matters aforesaid.
(6) Every person so liable as aforesaid shall immediately pay to the Corporation the amount so apportioned to him, and the Corporation may immediately recover such amount by action in any Court of competent jurisdiction.
(7) In case such amount is not paid or recovered within one month after the completion of the works, the same shall bear interest at the rate of six dollars per centum per annum calculated from the day of such completion to the date of payment thereof.
(8) The Council may proceed to execute the works described in such specifications, maps, plans, sections, and elevations, or such part thereof as they may deem proper, as soon as conveniently may be after the estimated cost or so much thereof as, in the opinion of the Council, is sufficient to justify them in proceeding has been paid.
(9) If the works cost less than the estimated amount the Council shall return to each person who has paid and allow in account with any person who has not paid a rateable amount of the sum apportioned to him.
(10) If the works cost more than the estimated amount the Council shall apportion the excess among the persons liable rateably in the same proportion in which the cost as originally estimated was apportioned; and upon notice in writing being given to each such person of the amount so apportioned to him he shall immediately pay the same to the Council; and, in default, the Council may recover the amount from any such person by action in any Court of competent jurisdiction; and, in case the sum is not paid or recovered within one month from the day on which such notice is given to such person as aforesaid, the same shall bear interest at the rate of six dollars per centum per annum calculated from the day on which notice is given to such person to pay such excess to the date of payment thereof.
(11) When any private way or any part thereof has been so formed, levelled, drained, paved, flagged, macadamized, or otherwise made good, the right to use the same for the purposes for which the same has been so formed, levelled, drained, paved, flagged, macadamized, or made good shall be appurtenant to the land of every owner liable to contribute to the cost thereof.
(12) Any person called upon to pay any money to the Corporation under the foregoing provisions of this Part of this Act who has a written agreement with any other party or parties as to the shares to be paid by them respectively for the formation or maintenance of any private way shall be indemnified by the other party or parties to such agreement to an extent proportionate to the sum he may be called upon to pay to the Corporation in excess of the share he would have been liable to pay under such agreement.
“six dollars” was substituted, as from 10 July 1967, for the expression
“six pounds” pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).