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 i S^y^^i
 
 THE METKOPOLIS 
 
 'unl Hatiapment 3Ute t 
 
 TO WHICH IS ADDED 
 
 AN APPENDIX CONTAINING OTHER STATUTES RELATING TO 
 
 THE POWERS AND DUTIES OF THE METROPOLITAN 
 
 BOARD OF WORKS, VESTRIES, AND DISTRICT 
 
 BOARDS OF THE METROPOLIS, 
 
 TABLE OF CASES, NOTES, AND INDEX. 
 
 SECOND EDITION- 
 
 EDMUND HUMPHREY WOOLRYCH, ESQ., 
 
 Late one of the Metropolitan Police Magistrates. 
 
 LONDON : 
 
 SHAW AND SONS, FETTER LANE AND CKANE COURT, 
 3Lato ^nntorS antr 
 
 1880.
 
 LONDON : PRINTED BY SHAW AND SONS, FETTER J,ANE.
 
 Stack 
 nne 
 
 6" 
 
 TO k83 (-- 
 
 LIEUTENANT- COLONEL 
 SIR J. M. McGAREL-HOGG, BART., K.C.B., M.P., 
 
 CHAIRMAN OF THE 
 
 JEetropolttan iSoarti of SHorfejs, 
 
 THIS WORK IS, 
 BY PERMISSION, RESPECTFULLY DEDICATED 
 
 BY 
 HIS OBEDIENT FAITHFUL SERVANT, 
 
 THE EDITOR. 
 
 2000709

 
 PREFACE. 
 
 SIXTEEN years have elapsed since the first edition of this work 
 was published, and in the intervening period the great increase 
 of population, the extension of building operations, the effects of 
 recent legislation, and other causes, have largely augmented the 
 labours and responsibilities of the public bodies charged with the 
 local management of the Metropolis. According to the estimate 
 of the Registrar General, based upon the decennial census of 
 1861, the population within the area subject to the jurisdiction of 
 the Metropolitan Board of Works, which in that year numbered 
 2,803,989 souls, had, in the year 1878, risen to 3,577,304; whilst 
 the rateable annual value of property within the same limits, 
 which in the year 1863 amounted to 12,569,969, had, at the 
 close of the year 1878, reached 23,960,109. The number of 
 inhabited houses within the same area was also largely increased 
 between the years 1861 and 1871, the date of the last census; 
 their number in the former year having been 360,065, whilst in 
 the latter it was 417,767 : and an examination of the notices 
 of new buildings to District Surveyors, and Vestries and District 
 Boards, and other trustworthy sources of information, affords 
 grounds for the conclusion that the annual rate of increase which 
 
 b
 
 yi PREFACE. 
 
 prevailed between 1861 and 1871 has, since the last-mentioned 
 date, not only "been maintained but considerably exceeded, 
 
 The voluminous additions to the statute book since the year 
 1863 have vastly enlarged the sphere of action of the Metropolitan 
 Boards and Vestries, and embrace within their range almost every 
 branch of local and sanitary administration. The Acts relative 
 to the multifarious operations of the Metropolitan Board of "Works 
 as described in their last annual report are, with the statutes 
 passed in the last Session of Parliament, nearly a hundred in 
 number : to which must be added, in a survey of metropolitan 
 local legislation, a large body of Acts especially appertaining to 
 the general powers and duties of Vestries and District Boards, or 
 relating to limited districts and special localities. In dealing with 
 a mass of material of such extent and diversity, it has been found 
 necessary to make a selection, and to print in extenso only those 
 statutes which relate to the principal ordinary functions of the 
 Metropolitan Authorities, and to embody in notes to those 
 statutes a reference to the material provisions of such enact- 
 ments as were considered of subordinate practical importance or 
 less general application. 
 
 The present volume contains a large number of Acts which 
 were not comprised in the former edition, whilst three or four 
 only are omitted namely, those authorizing the construction of 
 those great structural works now completed, the Main Drainage 
 and the Embankments of the Thames. The Lands Clauses Con- 
 solidation Act, 1848, is also omitted, by reason of its great length;
 
 PREFACE. Vll 
 
 it having been deemed sufficient to refer to its main provisions in 
 the notes, as to have printed it in its entirety would have neces- 
 sitated the exclusion of matter of greater practical utility. 
 
 The arrangement in the present collection is substantially 
 similar to that adopted in the former edition. The body of the 
 work comprises the original Act constituting and incorporating 
 the Metropolitan Board and the Vestries and District Boards, 
 with the two principal amending Acts ; whilst the Appendix con- 
 tains statutes relating to the continuance and appropriation of 
 funds applicable to special metropolitan improvements, the bor- 
 rowing of money by the Metropolitan Board, and the assess- 
 ments of that body ; a few Acts supplementing the provisions of 
 the original enactments in reference to matters either omitted 
 from or inadequately dealt with by them ; and a series of enact- 
 ments directed to various important objects connected with the 
 health, safety, convenience, and material and social well-being of 
 the community, such as the protection of life and property against 
 danger from fire, the storage and conveyance of explosives, for 
 ensuring effectual control over the sites, foundations, and con- 
 struction of buildings., the prevention and suppression of nui- 
 sances, and the enforcement of proper sanitary regulations, for 
 preventing the adulteration or deterioration of food and drugs, 
 and the execution of works for protecting low-lying lands from 
 floods and inundations, with various others. Some of these 
 require special notice here. 
 
 The Metropolitan Board of Works (Loans) Act, 1869, was a 
 62
 
 Vlll PREFACE. 
 
 measure which effected extensive alterations in the powers and 
 proceedings of that Board as regarded borrowing and assess- 
 ment. It restrained them, except for a limited period after its 
 passing, from borrowing any money otherwise than in conformity 
 with its provisions, and empowered them to create Metropolitan 
 Consolidated Stock and Terminable Annuities. It required them, 
 in lieu of all other rates or assessments over the Metropolis, to 
 raise a Metropolitan Consolidated Hate, and established a Conso- 
 lidated Loans Fund for paying dividends on and redeeming 
 Consolidated Stock. It enabled them to lend money to the 
 managers of the Metropolitan Asylums District, a provision 
 extended by subsequent legislation to loans to Vestries and 
 District Boards and other public bodies exercising rating powers 
 in the Metropolis. The subsequent Loans and Money Acts of the 
 same Board are referred to in the notes in such a manner as to 
 present a connected view of the existing statute law governing 
 this important branch of their financial proceedings. 
 
 Another Act requiring observation is the Nuisances Removal 
 Act for England, 1855, with the series of statutes by which it was 
 amended and extended. Unfortunately the law for the prevention 
 and suppression of nuisances and enforcing proper sanitary regu- 
 lations within the metropolitan area must still be sought for in 
 a multiplicity of scattered and isolated enactments, which, though 
 repealed by the Public Health Act,- 1875, as to the rest of the 
 kingdom, are still kept in force in the Metropolis. The Local 
 Government Board, in 1877, introduced into Parliament a Bill 
 proposing, amongst other objects, to repeal the whole of these
 
 PREFACE. IX 
 
 Acts, and to re-enact their main provisions with modifications. 
 The measure failed to secure the approval and support of 
 the Metropolitan authorities ; and, after having reached the 
 second reading, it was withdrawn. The principal ground on 
 which the Bill was objected to was, that it proposed to introduce 
 the Local Government Board as a controlling authority over the 
 Vestries and District Boards, involving, it was said, a prejudicial 
 interference with the independence of those bodies. It is to be 
 regretted that no course was suggested by which the conflicting 
 views of the promoters and opponents of the Bill could be 
 reconciled, and a convenient and beneficial measure allowed to 
 become law, either by the omission, or by some modification 
 of the provisions objected to. 
 
 Another imp ortant measure, which will be found in the Appendix, 
 is the Metropolis Management and Building Acts (Amendment) 
 Act, 1879), which effects a beneficial extension of the original 
 Building Act. Amongst other provisions, it empowers the Metro- 
 politan Board in certain cases to cause alterations to be made in 
 existing theatres and music-halls, and to make regulations respect- 
 ing the position and structure of new buildings of that descrip- 
 tion; and it empowers the same Body to make bye-laws with 
 respect to the foundations and sites of houses, buildings, &c., 
 and to the mode in which, and material with which, such 
 foundations and sites are -to be made and completed for securing 
 stability, preventing fire, and for purposes of health. The Board 
 have, under this last provision, framed a set of bye-laws for giving 
 effect to the objects contemplated by the Act, These bye-laws
 
 which, amongst other requirements, contain stringent regulations 
 with respect to the foundations and sites of buildings, and the 
 description and quality of the substances of walls were confirmed 
 by the Secretary of State as recently as on the 6th of the present 
 month (October, 1879), and they appear thoroughly adapted to 
 give effect to the salutary powers conferred by the Act upon 
 the Metropolitan Board. 
 
 The number of new statutes appertaining to the functions of 
 the Metropolitan Local Authorities increases year by year, and 
 even in the Session of Parliament just ended several important 
 measures affecting the Metropolis have become law, several of 
 them, however, of too late a period to admit of their being 
 inserted in the body of the work. It has, consequently, become 
 necessary to print them as a Supplement. As several of these 
 make important alterations in the earlier Acts, and materially 
 qualify some of the decisions cited in the notes, it becomes 
 necessary to give a succinct summary of their main provisions here. 
 
 One of the most important of these measures is the Metro- 
 polis Management (Thames River, Prevention of Floods) Act, 
 1879, which did not receive the Royal Assent until the llth 
 August last. This enactment demands special notice as con- 
 taining a statutory affirmation of the general law applicable to 
 the obligations of owners and occupiers of low-lying lands liable 
 to inundation, though modified and conditioned by the special 
 requirements of the localities affected by it, and as materially 
 altering some of the provisions of the Management Act of
 
 PREFACE. XI 
 
 1855. It provides for the execution and maintenance of certain 
 works described as "flood works/' for preventing the overflow 
 of the Thames within the limits of the Metropolis, and for the 
 expenses incurred in relation to such works. The expression 
 " River Thames " is interpreted to include the rivers, streams, and 
 watercourses within the flow and reflow of the tides of that river 
 within the limits of the Act. It defines the expression " flood 
 works/' and describes the conditions and formalities applicable to 
 their execution. It specifies the bodies and persons liable to pro- 
 vide for executing them, and enacts that the Commissioners of 
 Sewers of the City of London, the Vestries and District Boards, 
 and owners of premises respectively, shall, subject to the provi- 
 sions and limitations of the Act, be liable to provide for the 
 execution of the works described. It restrains the Metropolitan 
 Board from directing the execution of any works other than such 
 as are necessary for the protection of lands from floods and 
 inundations caused by the overflow of the Thames, or any works 
 for the embankment of the Thames in the nature of the embank- 
 ments already executed under the authority of special Acts of Par- 
 liament. Amongst its other provisions, the Board are required to 
 cause a plan of the necessary works to be prepared, and to serve 
 notices on the several bodies and individuals affected by them, 
 with provisions for their modification, and power to those bodies 
 to execute the works, and the Metropolitan Board to carry them 
 out in default. It makes the bodies and persons liable to provide 
 for the execution of flood works upon any premises, also liable to 
 repair the banks upon the same, and contains savings in favour of 
 Dock Companies and others. It gives a claim for compensation,
 
 Xll PREFACE. 
 
 subject to the exception in the proviso to the 25th section, against 
 the Metropolitan Board for damage sustained by the execution of 
 flood works, or in respect of any lands or interest in land taken, or 
 used, or injuriously aifected by such works, to be settled, in the 
 event of disagreement, by arbitration, in accordance with the pro- 
 visions of the Act ', and these provisions are to be in substitution 
 of those relating to the tribunal for settling questions of dis- 
 puted compensation contained in the Metropolis Management 
 Act, 1855, or any Act incorporated with it. It provides for 
 the appointment of a Standing Arbitrator for the settlement of 
 claims, and for the recovery of expenses incurred by the Metro- 
 politan Board from the Commissioners of Sewers of the City of 
 London, Vestries, District Boards, and owners. It preserves the 
 liability of persons or bodies., by Act of Parliament, prescription, 
 or otherwise, to maintain and repair river banks, and repeals the 
 provisions contained in the 69th and 70th sections of the Metro- 
 polis Management Act, 1855, so far as they relate to the execution 
 and maintenance of flood works by Vestries and District Boards. 
 This Act effects important changes in the law applicable to the 
 execution and maintainance of works of this nature, and having 
 regard to the comprehensive interpretation given by it to the 
 terms "Bank," "Dam," and "Flood works" an interpretation 
 which seems to embrace a large share of the subjects of jurisdiction 
 and management hitherto vested in the Local Authorities under 
 the 69th section of the Act of 1855, it may, in some cases, 
 become a question of difficulty to determine what powers are still 
 left in those bodies under the original enactments, or to what 
 extent their powers are superseded.
 
 PREFACE. XU1 
 
 Another important Act of the last Session is the Artizans 
 Dwellings Act (1868) Amendment Act, 1879, which, amongst 
 other provisions, empowers the owner of any premises specified in 
 an order of a Local Authority under the Act of 1868, requiring 
 him to execute any works or to demolish premises, to call upon 
 the Local Authority within three months after service of the order 
 to purchase the premises. In case of no agreement being come 
 to, the amount of compensation is to be settled by arbitration in 
 manner provided by the Act, the arbitrator to be appointed and 
 to be removable by the Local G overnment Board, with special 
 provisions for estimating the value of the premises, and settling 
 the amount of compensation. Additional powers are conferred 
 upon the Local Authority for the recovery of expenses and other 
 objects. In the event of a Local Authority neglecting for the 
 space of three months after notice from the Metropolitan Board 
 to put in force the provisions of the Act, the powers of the Local 
 Authority in respect of the premises in question become vested in 
 the Metropolitan Board, and all expenses incurred by that Board 
 under the Act shall be paid on demand by the defaulting Authority 
 out of the local rates. 
 
 Another Act of the last session upon a cognate subject is the 
 Artizans and Labourers Dwellings Improvement Act, 1879, 
 which, amongst other provisions, amends the 19th section of 
 the Act of 1875, with respect to estimating the amount of com- 
 pensation payable for lands taken in pursuance of the Act, and 
 authorizes the arbitrator to receive evidence that the premises 
 the subject of the inquiry were at the date of the confirming Act
 
 XIV PREFACE. 
 
 or some previous date not earlier than that of the official repre- 
 sentation, in such a condition as to have been a nuisance within 
 the Acts relating to nuisances ; and if the arbitrator is satisfied, 
 that they were so, he is directed to determine what would have 
 been the value of the premises supposing the nuisance to have 
 been abated, and also the expense of abating it ; and the amount 
 of compensation payable shall be an amount equal to the estimated 
 value of the premises after the abatement of the nuisance, and 
 after deducting the estimated expense of abating it. 
 
 The Act also amends the 5th section of that of 1875 relating to 
 provisions for the accommodation of the working classes, which 
 required the board, except for special reasons, to provide ac- 
 commpdation within the limits of the same area, or in its vicinity, 
 and it enables the confirming authority to authorize or modify 
 an improvement scheme providing accommodation at some place 
 other than within the area or the immediate vicinity of the area 
 comprised in the improvement scheme. The latter of these two 
 Acts will be found at page 582 of this work ; the former in the 
 Supplement. 
 
 Another Act, which only received the royal assent on the 16th 
 August last, is the Petroleum Act, 1879, which is to be construed 
 as one with the Petroleum Act of 1871. It alters the test denned 
 by the last-named Act, provides for a model of the testing 
 apparatus, and for the verification of any apparatus submitted to 
 the Board of Trade. The first schedule contains a specification 
 of the testing apparatus, with directions for applying what is
 
 PREFACE. XV 
 
 known as the flashing test. The second schedule specifies that 
 part of the Act of 1871, which is either wholly or partially 
 repealed. This Act will also be found in the Supplement. 
 
 In the Appendix will be found another important measure of 
 the last session, The Sale of Food and Drugs Amendment Act, 
 1879, enacting by the 2nd section, that in any prosecution under 
 the Food and Drugs Act, 1875, for selling to the prejudice of the 
 purchaser any article or any drug which is not of the nature, sub- 
 stance, and quality of the article demanded, it shall be no defence 
 to allege that the purchaser having bought only for analysis, was not 
 prejudiced by the sale, or that the article, though defective in nature, 
 substance or quality, was not defective in all three respects. 
 
 Amongst other amendments it empowers the medical officer of 
 health, inspector of nuisances, &c., to procure a sample of milk at 
 the place of delivery, with the same consequences as to analysis, legal 
 proceedings, and penalties, as if the article had been purchased under 
 section 13 of the Food and Drugs Act, 1875. And any street or 
 open place of public resort is defined to come within the 17th 
 section of the Act of 1875. 
 
 It also contains provisions defining to what extent the sorts 
 of spirits specified may be reduced in strength by the admixture 
 of water, without involving a contravention of the 6th section of 
 the Act of 1875. 
 
 The law had already been laid down, before the passing of the Act,
 
 XVI PREFACE. 
 
 by the Queen's Bench Division of the High Court of Justice, in 
 accordance with the provision contained in the 2nd section above 
 cited, and it is now definitively settled by express statutory enact- 
 ments once for all removing doubts as to the construction of 
 the former Act, which seriously obstructed the beneficial 
 action of the Vestries and District Boards in their efforts to 
 carry into execution the provisions of a most useful Act of 
 Parliament. 
 
 Another statute of the last session to which attention must 
 be called, is the Metropolitan Board of Works Indemnity Act, 
 1879, which authorizes the Board to defray the expenses of pro- 
 moting two bills in Parliament, one for the supply of water for 
 certain purposes to the Metropolis by the Metropolitan Board of 
 Works, and the other for the purchase by the Board of the under- 
 takings of the several water companies, supplying water to the 
 Metropolis and to certain places in its neighbourhood, and for other 
 purposes. This expenditure was disallowed by the auditor on the 
 ground that in incurring it the Board had exceeded their legal 
 powers. 
 
 The Act of Parliament sanctioning the expenditure, recites that 
 the bills in question were promoted and the expenses incurred 
 by the Metropolitan Board in good faith, and in the belief that in 
 promoting them they were acting within their legal powers, and it 
 authorizes them to defray the expenses in question when audited 
 and taxed, as if they were expenses legally incurred by them in 
 the execution of the Metropolis Management Act, 1855, and the 
 Acts amending it.
 
 PREFACE, XV11 
 
 The last Act to be noticed is the Metropolitan Board of Works 
 (Money) Act,, 1879, which was passed on the 15th August last, 
 and a reference to it must be added to the list of enactments 
 enumerated in note (d) to section 36 of the Metropolitan Board of 
 Works (Loans) Act, 1869, page 257. 
 
 The statutes in the present collection are accompanied by 
 explanatory notes, showing the amendments and alterations of 
 the earlier Acts effected by subsequent legislation ; and the editor 
 has endeavoured to elucidate their construction by a careful 
 examination of the authorities, and a reference to the reported 
 decisions of the courts on their main provisions, or on analogous 
 enactments in other statutes. Numerous questions have arisen 
 on many of their most important sections, several of which were 
 the subject of protracted litigation, varying decision, and a 
 diversity of opinion among the judges, and only finally decided on 
 appeal to the House of Lords, and not even then with entire 
 unanimity. The decisions, which were reported too late to 
 admit of their being inserted in the body of the work, are 
 referred to in the Addenda. 
 
 Mr. William Edgar Saunders, Barrister, of the Middle Temple, 
 has assisted the Editor in preparing this work for the press, and 
 he has much pleasure in acknowledging the valuable aid he has 
 afforded him. 
 
 The task of editing it has involved considerable labour, and in 
 performing it the Editor has used his best exertions so to arrange
 
 PREFACE, 
 
 and explain the matter he has had to deal with as to present to 
 the reader a comprehensive and accurate summary of the laws 
 which it is intended to elucidate, and to render the work a conve- 
 nient book of reference for the use of the legal profession, and 
 a serviceable practical guide to the Metropolitan Boards and 
 Vestries and their officers. 
 
 LONDON, 
 November, 1879.
 
 INTRODUCTION TO FIRST EDITION, 
 
 THE principal Acts contained in this volume, and which form the 
 basis of the present work, are the 18 & 19 Viet. c. 120, for the 
 better Local Management of the Metropolis, and the three 
 Amending Acts, the 19 & 20 Viet. c. 112, the 21 & 22 Viet. c. 104, 
 and the 25 & 26 Viet. c. 102 ; and other statutes either expressly 
 incorporated with the first-named Act, or having special reference 
 to the powers and duties of the boards and vestries constituted by 
 it, are added by way of Appendix. The object of this publication 
 is to elucidate the construction of those Acts, for which purpose 
 the reported decisions of the courts upon such of their provisions 
 as have received judicial interpretation, and upon analogous enact- 
 ments in other statutes, are collected in the notes. Attention is 
 also directed to those provisions of the original Act which experi- 
 ence had shown to be defective, and to the amendments embodied 
 in the Acts which were subsequently passed. It may well be 
 supposed that an Act of Parliament which gave a municipal 
 organization to the extensive districts described in its schedules, 
 with a rental at the time of its passing (exclusive of the city) 
 amounting to 9,011,220/., and a population of 2,233,108 souls, did 
 not remain exempt from the ordinary litigation attending extensive 
 legislative changes. But to understand the causes which led to 
 the passing of that important measure, and to appreciate its results, 
 it will be desirable, in the first instance, to make some reference 
 to the laws under which the management of the metropolitan dis- 
 tricts as regards their sewerage and paving, their improvements, 
 and other subjects of local administration, had previously been 
 conducted. 
 
 The limits of the Metropolis, as defined by that Act, include the 
 City of London, and the several parishes and places enumerated in 
 the first three schedules appended to it ; and the definition of the 
 City of London is that given by' the City Sewers Act, the 11 & 12 
 Viet. c. 163. The city and liberties of London consist of the city 
 within the walls and without the walls, containing together an
 
 XX INTRODUCTION TO FIRST EDITION. 
 
 area of about 723 acres. Commissions of sewers were issued to 
 the civic authorities from an early period. It is recorded that a 
 commission was, on the complaint of Heniy de Lacy, Earl of 
 Lincoln, directed to the Mayor and Sheriffs of London in the 
 thirty-fifth year of Edward L, requiring them to scour and clear 
 the River Fleet (). The 19 Car. 2, c. 3, for rebuilding the City 
 of London after the Great Fire, vested in the Common Council 
 certain duties relating to sewerage, and empowered that body to 
 appoint persons under the common seal of the Corporation to 
 design and set out sewers, drains, and vaults within the city and 
 liberties. Other Acts were subsequently passed relating to the 
 sewers of the city, viz., the 11 Geo. 3, c. 29, the 33 Geo. 3, c. 75, 
 and the 4 Geo. 4, c. 114. Those Acts, which contained provisions 
 for paving, lighting, and cleansing, and for preventing and remov- 
 ing obstructions and annoyances, were repealed by the above- 
 mentioned Act, the 11 & 12 Viet. c. 163, which has since been 
 amended and extended by the 14 & 15 Viet. c. 91. It is under 
 those Acts that the City Commissioners of Sewers now exercise 
 their powers. By the 7th section, the Mayor, Aldermen, and 
 Commons are empowered from time to time to appoint by deed under 
 their common seal such persons as they shall think fit for carrying 
 the Act into execution. Under it the sole power of making, 
 repairing, and altering sewers, drains, and vaults, and of paving, 
 lighting, cleansing, and improving the streets within the city, as 
 defined by the Act, is vested in the Mayor and Commonalty, and 
 Citizens of London, to be executed by Commissioners to be nomi- 
 nated and appointed by the Mayor, Aldermen, and Commons, in 
 Common Council assembled, under the common seal. This Act 
 came into operation on the 1st January, 1849, and the clause 
 limiting its continuance to two years, and thence to the end of the 
 then next Session of Parliament, was repealed by the 14 & 15 Viet. 
 c. 91. The sole power conferred by it, of making and maintain- 
 ing sewers within the city to the Corporation, to be exercised in 
 the manner described, must now be regarded as subject to the 
 alteration introduced by the 18 & 19 Viet. c. 120, by which main 
 sewers have become vested in the Metropolitan Board of Works. 
 Various powers for the regulation of streets and prevention of 
 nuisances are contained in the City Police Act, 2 & 3 Viet. c. 94, 
 The Corporation also, from an early period, made ordinances 
 
 (a) See " Law of Sewers," by Serj. Woolrych, 2nd ed. p. 2.
 
 INTRODUCTION TO FIRST EDITION. Xxi 
 
 embodying regulations with respect to building, and legislative 
 provision was made on the same subject in the Act 19 Car. 2, c. 3, 
 and in subsequent statutes. The present Metropolitan Building 
 Act is the 18 & 19 Viet. c. 122, but certain provisions of the 
 former statutes, 14 Geo. 3, c. 78, and 7 & 8 Viet. c. 84, are still 
 unrepealed (b). Important administrative functions affecting 
 river side property were also exercised by the Corporation of 
 London, in connection with the Conservancy of the River Thames. 
 The Lord Mayor was by an ancient grant from the Crown Con- 
 servator of the Thames, within the Port of London (c), and the 
 Corporation claimed to be entitled to exercise rights of ownership 
 over the bed and soil of the river. This claim, which was con- 
 tested by the Crown, became the subject of a suit in Chancery, 
 instituted by the Attorney- General against the Corporation for the 
 purpose of determining the rights of that body and of the Crown 
 in relation to the bed and soil of the river, and its shores within 
 the flux and reflux of the tide. The suit was brought to a close by 
 an agreement made in the year 1856, by virtue of which, and of 
 another agreement of the 24th February, 1857, a grant of the 
 estate and interest of the Crown was made to the Corporation, 
 in consideration of their paying annually to the Commissioners of 
 AVoods and Forests one-third of the monies, rents, and proceeds 
 which they might receive in respect of sales, leases, grants, or 
 licences for docks, piers, &c., in or upon the bed of the river, or of 
 encroachments, embankments, or inclosures, on or near to it, and 
 of their applying the residue to the improvement of the navigation. 
 That portion of the bed of the river situate in front of lands, &c., 
 belonging to the Crown, or which were the property or in the pos- 
 session of any Government department, was excepted from the 
 grant. The Thames Conservancy Act, the 20 & 21 Viet, 
 c. 147, gave effect to this arrangement, and vested in the 
 Conservators appointed by virtue of its provisions all the estate of 
 the Corporation and of the Crown in the bed and soil of the 
 river, except the portion referred to above reserved to the Crown, 
 and transferred to the same body all such powers and authorities 
 as were theretofore vested in the Crown or Corporation in relation 
 to the conservancy of the river. The Metropolitan Commissioners 
 of Sewers, acting under 11 & 12 Viet. c. 112, considered that that 
 
 (6) See the Act 18 & 19 Viet. c. 122, post, in the Appendix. 
 (e) Between Staines in Middlesex, and Yuntleet in Kent.
 
 XX11 INTRODUCTION TO PIRST EDITION. 
 
 Act empowered them to execute works on the bed and foreshore 
 of the Thames, without obtaining the permission of the Thames 
 Navigation Committee, the body charged with the exercise of the 
 chief powers of the Corporation, relating to the conservancy of the 
 river, aud when they required to execute such works they did not 
 apply for leave, but merely gave notice to the Committee of their 
 intention to commence them. The Committee, however, claimed 
 the right of giving or withholding permission, and required that 
 the works should be executed under the supervision of the water 
 bailiff, one of their officers ; and there is little doubt that their 
 permission was necessary before any such works could be executed. 
 At present the previous approval of the conservators is clearly 
 requisite before any works on the bed or foreshore, which may 
 affect the navigation, can be carried out, and in a recent case (a) 
 the want of such approval was held to render the proceeding a 
 wrongful one. The Thames Embankment Act, 25 & 26 Viet. 
 c. 93, contains special provisions respecting works on the foreshore, 
 which, however, only apply to that undertaking. As regards its 
 internal government, the administration of local matters within 
 the city of London has for a considerable period rested on a basis 
 which has practically secured for its inhabitants a substantial 
 representation of their interests and wishes. This was pointed out 
 in the Report of the Commissioners appointed in 1853 to inquire 
 into the state of the Corporation (b), and they ascribe this result 
 in a great measure to the mode in which the Common Council is 
 elected. But these advantages were confined to the narrow area 
 included within the city proper, and the metropolitan districts 
 beyond those limits were, until the introduction of the Metropolis 
 Local Management Act, for the most part excluded from their 
 operation. 
 
 Those extensive districts which were without the city had no 
 general municipal organization, and were for the most part 
 wholly unconnected with each other. Various statutes from 
 time to time defined " the metropolis " for the specific purposes 
 for which they were passed. The earliest example of such a dis- 
 trict was that included in the weekly bills of mortality, which 
 were originally weekly reports or returns by the parish clerks of 
 
 (a) Brownloiv v. Metropolitan Board of Works, vol. 31, L. J. (N.S.) Q. B. 
 p. 140. 
 
 (1) See Keport, with minutes of evidence, and Appendix (1854), p. 12.
 
 INTRODUCTION TO FIRST EDITION. Xxiii 
 
 London, relative to christenings and burials. They are said to 
 have originated in 1562, and additional parishes were from time to 
 time included within them, until they at length comprised the 
 ninety-seven parishes within the city walls, the seventeen parishes 
 without the walls, twenty-four out-parishes in Middlesex and 
 Surrey, and ten parishes in Westminster (c) . In addition to the 
 general statutes affecting the parishes without the city, and within 
 the present metropolitan limits, a large proportion of them were 
 governed by local Acts, of which there are several hundred, pre- 
 senting great diversity in their objects and provisions. The 
 sewerage of the larger portion of those districts was under the 
 control of commissioners appointed under 23 Hen. 8. c. 5. The 
 commissions were seven in number, viz., for Westminster and 
 part of Middlesex, the Tower Hamlets, Saint Katherine's, Poplar 
 and Blackwall, Holborn and Finsbury, Surrey and Kent and 
 Greenwich. They were all subject to the general statutes con- 
 cerning sewers, and several of them had obtained special Acts for 
 extending their powers. The general statutes of sewers applicable 
 to those commissions were 28 Hen. 8, c. 5 (d} ; 3 & 4 Edw. 6, 
 c. 8 ; 13 Eliz. c. 9 ; 7 Anne c. 10 ; and 2 Win. & Ma. sess. 2, c. 8. 
 To these must be added 3 Jas. 1, c. 14, subjecting to the com- 
 mission of sewers the walls, ditches, &c., and watercourses within 
 two miles from the city of London, which waters had their course 
 and fall into the Thames ; and 2 Wm. & Ma. sess. 2, c. 8, pro- 
 viding that all new sewers made within London and Westminster 
 and the other places named at any time since the twelfth year of 
 the reign of Charles the Second should be subject to the jurisdic- 
 tion of the commissioners. The Middlesex commissions were ex- 
 pressly exempted from the operation of the General Sewer Acts, 
 3 & 4 Will. 4, c. 22, but the provisions of that enactment applied 
 to those on the south side of the Thames, viz., for Surrey and 
 Kent and Greenwich ; and by the latest of the local Acts relating 
 to one of the commissions in Middlesex, viz., the Westminster, 
 10 & 11 Viet c. 70, numerous provisions of the general statute 
 were by express reference and incorporation made applicable to 
 that commission, notwithstanding the exception referred to. The 
 commissions which had obtained local Acts were those for West- 
 
 (c) See Pulling, " Laws of London," p. 264. 
 
 (d) See reference to earlier statutes concerning sewers, Serj. Woolrych's 
 "Law of Sewers," 2nd ed., p. 5, etseq.
 
 XXIV INTRODUCTION TO FIRST EDITION. 
 
 minster, the Holborn and Finsbury, and Surrey and Kent. As 
 many important questions affecting the rights of the present 
 boards and vestries in relation to sewers, the liabilities of private 
 parties with reference to sewerage works, the rights of creditors on 
 the rates and other matters from time to time present themselves 
 and necessitate a reference to those statutes, it will be convenient 
 to enumerate them, and briefly to advert to the more important of 
 their provisions. The local and personal Acts relating to the 
 Westminster commission were 47 Geo. 3, c. 7 ; 52 Geo. 3, c. 48 ; 
 and 10 & 11 Viet. c. 70 ; those applicable to the Holborn and 
 Finsbury commission were 18 Geo. 3, c. 66, and 54 Geo. 3, c. 219 ; 
 and the Acts relating to the Surrey and Kent commission were 
 49 Geo. 3, c. 183 ; 50 Geo. 3, c. 144 ; 53 Geo. 3, c. 79 ; and 
 10 & 11 Viet. c. 217. The 47 Geo. 3, c. 7, recited 3 Jas. 1, c. 14, 
 enacting that all sewers, &c., within two miles from the city of 
 London having their course and fall into the Thames, should be 
 subject to the commission, and also recited 2 Wm. & Ma. c. 8, 
 rendering subject to the commission all new sewers made in any of 
 the parishes, &c., enumerated, since the twelfth year of the reign 
 of Charles II. ; and then enacted that all " walls, ditches, sewers, 
 &c.," west of the city of London extending to and including a 
 watercourse dividing the parishes of Chelsea and Fulham, including 
 the several parishes enumerated, having their course and fall into 
 the Thames, should be fully subject to the commissioners of 
 sewers : and it gave the commissioners increased powers for the 
 execution and control of works, and in other respects. The 52 
 Geo. 3, c. 48, amongst other things, gave the commissioners cer- 
 tain powers for the levying of equal rates ; and 10 & 11 Viet. c. 
 70, extended the jurisdiction of the commission over all places 
 named or to be named in it, whether or not the tide ebbed and 
 flowed therein ; and gave the commissioners additional powers for 
 the construction of works, for enforcing the construction of 
 sewers by private parties, imposing on such parties the cost of 
 works, for compelling house drainage, and for making rates and 
 other objects. There was also a special Act obtained by the 
 Westminster commissioners for the formation of a sewer at 
 Bayswater, 4 & 5 Will. 4, c. 96. This sewer was constructed by 
 means of money borrowed, to be repaid by instalments within 
 twenty years. The whole of the money has been repaid. By 
 18 Geo. 3, c. 66, the Corporation of London were empowered to 
 construct a new sewer within the prebendal estate of Halliwell
 
 INTRODUCTION TO FIRST EDITION. XXV 
 
 and Finsbury, and so much of it as was in the county of Middle- 
 sex was placed under the Holborn and Finsbury commissioners, 
 and in consideration of the benefit accruing to the districts under 
 their charge, those commissioners were directed to pay into the 
 Chamber of the City of London the annual sum of 150 for ever; 
 and it contained other provisions relating to the sewerage of the 
 districts, the mode of making rates, and other matters. By 
 49 Geo. 3. c. 183, the Surrey and Kent commissioners were, 
 amongst other things, empowered to make new sewers within 
 the parishes named in the Act, to purchase lands mentioned in the 
 schedule, by agreement or compulsorily, and to borrow, on the 
 security of the rates, sums not exceeding 15,000. The 50 Geo. 
 3, c. 144, directed them to keep separate accounts of the charges 
 of making new sewers in particular parishes, and fixed the pro- 
 portions in which the expenses should be paid; it extended the 
 jurisdiction of the commissioners to other parishes ; and they were 
 empowered to borrow not exceeding 60,000. The 53 Geo. 3, 
 c. 79, authorizes the commissioners to borrow a further sum of 
 40,000, and provided for the division of districts ; and it gave 
 compulsory powers for the acquisition of lands enumerated in the 
 schedule. The 10 & 11 Viet. c. 217, applied all the powers of the 
 former Acts to the extended districts enumerated in the schedule, 
 and gave increased power for enforcing contribution to the cost of 
 sewers, compelling house drainage and other things. 
 
 With respect to the paving of the districts under consideration 
 and the suppression of nuisances, it may be here stated that in 
 the year 1817 was passed the Metropolitan General Paving Act, 
 57 Geo. 3, c. 29, commonly known as Michael Angelo Taylor's 
 Act, which consolidated and reduced into a species of system 
 many of the provisions relating to paving and the regulation 
 and improvement of streets which were contained in the special 
 Acts of particular parishes. It was expressly incorporated in 
 many of the special Acts which were subsequently passed, and 
 where there was no such express incorporation the commis- 
 sioners or trustees exercised some of the powers conferred by it 
 in conjunction with those given by the local Acts under which 
 they were appointed. The operation of that Act was limited to 
 the streets and public places then paved or which might thereafter 
 be paved within the Cities of London and Westminster, and 
 Borough of Southwark, and other parts included within the 
 weekly bills of mortality, and within the parishes of St. Pancras
 
 XXVI INTRODUCTION TO FIRST EDITION. 
 
 and St. Marylebone, with certain specified exceptions. Many of 
 the parishes comprised in the present metropolitan limits were 
 neither within the bills of mortality nor included among the 
 parishes specially mentioned in that Act, but 25 and 26 Viet, 
 c. 102, s. 73, has now extended many of its provisions to the 
 whole of the metropolitan districts (a). The Crown estate, near 
 the Regent's Park, Regent Street, and some adjacent localities 
 and certain parts contiguous to the Houses of Parliament were 
 subject to the jurisdiction of a special body of commissioners 
 acting under 5 Geo. 4, c. 100; but by 11 & 12 Viet. c. 112, all 
 powers in relation to sewerage which had been vested in those 
 commissioners were transferred to the Metropolitan Commis- 
 sioners of Sewers ; and by a subsequent Act, the Crown Estate 
 Paving Act, 14 & 15 Viet. c. 95, the district was divided, and 
 their powers were distributed between a new body of commis- 
 sioners constituted by that Act ; the Commissioners of Works 
 and Public Buildings, and certain parishes mentioned in the Act. 
 With regard to lighting, many of the parishes of the metropolis 
 had adopted the Lighting and Watching Act, 3 & 4 Will. 4, 
 c. 90, which still regulates their liability in respect of lighting 
 rates. A portion of the parish of St. Leonard Bromley, now 
 made part of the Poplar district, was formerly within the sewers 
 commission for the levels of Havering and Dagenham, and the 
 commissioners acting under that commission continued to collect 
 rates and exercise powers over it for some time after the Metro- 
 polis Local Management Act came into operation ; but a new 
 commission has since been issued for those levels, and the part of 
 the parish of St. Leonard Bromley referred to was omitted from 
 its limits. Woolwich Avas within the sewers commission east of 
 Lombard's Wall, and was, as regards paving, &c., subject to the 
 provisions of a local Act. In the year 1852 it was constituted 
 a district under the Public Health Act, and placed under the 
 management of a Local Board of Health, which body still 
 carries on all local works within the district ; but main sewerage 
 is, by the Metropolis Local Management Act, subjected to the 
 control of the Metropolitan Board of Works, and the relation 
 of the Local Board of Health to that Board is, as regards 
 assessments and other matters, assimilated to that of the vestries 
 and district boards in the other parts of the metropolis. The 
 
 (a) See claxises, p. 581, post, Appendix.
 
 INTRODUCTION TO FIRST EDITION. XXV11 
 
 turnpike roads north of the Thames are under the management of 
 the commissioners acting under the Consolidating Act, 7 Geo. 4, 
 c. 143, and there are several turnpike trusts south of that river. 
 In enumerating the statutes making provision for the health 
 and well-being of the community it is also necessary to refer to 
 the Nuisances Removal Act, the Acts relating to Public Baths 
 and Wash-houses, to the Registration and Inspection of Com- 
 mon Lodging-houses, and to Extramural Interment, and the 
 burial of the dead in general. It should also be borne in mind 
 in examining the local laws of the metropolis that many special 
 provisions affecting roads, sewers, and other matters appertaining 
 to the functions of the administrative bodies to which the local 
 management of the metropolis is entrusted are contained in 
 private Acts of parliament, such as those relating to Canal, 
 Railway, Water, Gas, Telegraph, and other Companies, many 
 of which supersede or control the provisions of the general 
 law. 
 
 For some years previous to 1847, questions affecting the health 
 of the community had engaged a large share of public attention, 
 and the results of laborious and intelligent investigation upon 
 subjects embraced within the range of such inquiries were exten- 
 sively circulated. In 1843 the Poor Law Commissioners, who had 
 been appointed to inquire into the sanitary condition of the labour- 
 ing population, drew attention, in the Report of their Secretary, 
 Mr. Chadwick, to the defective state of the sewerage and drainage 
 of the metropolis, and to the inadequacy of the existing law to 
 meet the exigencies of the case. The reports of the commissioners 
 appointed to inquire into the state of large towns and populous 
 districts appeared in 1844 and 1855, and disclosed the evils at- 
 tending defective drainage, neglect of cleansing and ventilation, 
 and the want of proper supplies of water. The commissioners for 
 inquiring into the means of improving the health of the metropolis 
 made their report in November, 1847, recommending, amongst 
 other things, that the administration of the laws of sewers in the 
 separate districts should be confided to one body of commissioners 
 for the whole metropolis, and suggesting a general survey of the 
 metropolitan districts. In the same month the several separate 
 commissions of sewers were superseded, and new commissions were 
 issued addressed to the same body of commissioners. In Septem- 
 ber, 1848, was passed the Metropolitan Sewers Act, 1848, 11 & 12 
 Viet. c. 112, which authorized the Queen to issue one commission
 
 XXV111 INTRODUCTION TO FIRST EDITION. 
 
 for the whole of the parts comprised in the then existing separate 
 commissions, and to include within it the district subject to the 
 Regent Street commissioners acting under 5 Geo. 4, c. 100, 
 and any other parts not more than twelve miles distant from St. 
 Paul's Cathedral which might be named. By this Act all local 
 Acts relating to the former commissions were repealed. The per- 
 sons to be named in the commission, together with the Lord Mayor 
 and four others to be appointed by the Mayor, Aldermen, &c., in 
 Common Council, were constituted the Metropolitan Commis- 
 sioners of Sewers, and were empowered to require the Commis- 
 sioners of Sewers for the city of London to execute works within 
 the city limits with certain special provisions as to their cost ; and 
 the Lord Mayor and the other city members of the commission 
 were authorized to sit and vote at all courts of sewers on questions 
 relative to the exercise of powers affecting the city. The Act in- 
 corporated, with certain exceptions, the powers and provisions of 
 the Statute of Sewers, 23 Hen. 8, c. 5, and of the Acts confirming, 
 explaining, and amending that statute. The first commission 
 issued under the new Act was dated in January, 1849, and it in- 
 cluded the same limits as the former separate commission, 
 together with the Regent Street and Regent's Park district ; but 
 the second commission, issued in October, 1849, added to its other 
 districts the parish of Chiswick. The Commissioners, under a 
 provision contained in the Act, limited the exercise of their powers 
 to what was termed their active jurisdiction; but the limits of 
 that jurisdiction were enlarged, and shortly after the passing of the 
 Act it included an area of 1 12 square miles. This was divided into 
 separate sewerage districts or levels, some of which had been de- 
 termined under the former commissions, whilst others were newly 
 formed under the provisions of this Act. The duration of the Act 
 was limited to two years from its passing, and to the end of the 
 then next session of parliament. It was from time to time re- 
 newed until the passing of the Metropolis Local Management Act 
 in 1855, which continued it till that Act came into operation, when 
 it expired. The series of Acts for continuing and amending 
 the Metropolitan Sewers Act, 1848, were 12 & 13 Viet. c. 93 ; 
 14 & 15 Viet. c. 75; 15 & 16 Viet. c. 64; 16 & 17 Viet. c. 
 125; and 17 & 18 Viet. c. 111. An Act was also passed for a 
 special object in 1855, viz., 18 Viet. c. 30. Under one or 
 other of the Acts enumerated, the powers of the commissioners 
 were extended as regarded the enforcement of house drainage, the
 
 INTRODUCTION TO FIEST EDITION. XXIX 
 
 levying of charges for default and improvement rates, compelling 
 contributions to the cost of works, and other objects. One of the 
 Acts referred to authorized the appointment of a chairman and 
 deputy-chairman, the former with a salary ; and with the view of 
 removing objections to the borrowing powers of the commissioners 
 on the ground that the Acts imposed no limit on those powers, the 
 sums which they were authorized to borrow on the security of 
 the rates were restricted first to 300,000 and afterwards to 
 600,000. 
 
 Some of the earlier works of the commission failed in conse- 
 quence of special circumstances which arose in the course of their 
 execution, but upon the whole the measures originated by those 
 commissioners were productive of a large amount of public benefit. 
 The subterranean survey deserves especial notice as a work of the 
 highest utility, as without it the preparation of an effectual scheme 
 of drainage would have been wholly impracticable. After the 
 borrowing powers of those commissioners were rendered effectual 
 by the intervention of the Legislature they executed a large number 
 of works, which afforded extensive relief to the districts affected 
 by them. But though they performed their duties conscientiously 
 and well, there is no doubt that the system under which they were 
 appointed was open to objection. That system, which wholly 
 ignored the constitutional relation between taxation and represen- 
 tation, and under which the ratepayers had no voice in the election 
 of those by whom their affairs were administered, could only be of 
 limited duration. 
 
 The condition of a large part of the metropolis, as regarded its 
 paving and lighting and other subjects of municipal management, 
 was in the highest degree unsatisfactory. Some of the metropo- 
 litan parishes Avhich had a representative constitution, were well 
 and economically managed, but a large number of them were under 
 the control of self-elected bodies, who were to a great extent irres- 
 ponsible to the ratepayers ; and whilst no effectual provision was 
 made for the main objects for which they were appointed, the 
 districts under their charge were burdened with a large expendi- 
 ture and heavy debts. The commissioners appointed in 1853 to 
 inquire into the state of the Corporation of the City of London, had, 
 in their report, already directed their attention to the means of 
 giving a municipal organization to the metropolitan districts, and 
 considered whether it was practicable to effect such an organiza- 
 tion by means of a wider extension of the present boundaries of the
 
 XXX INTRODUCTION TO FIRST EDITION. 
 
 city. This notion in the result was rejected, and the report recom- 
 mended a distribution of the metropolis into municipal districts and 
 the creation of a metropolitan board of works to be composed of a 
 limited number of members deputed to it from the council of each 
 metropolitan municipal body, including the corporation of the city, 
 to which should be confided the management of public works in 
 which the metropolis had a common interest. The comprehensive 
 measure introduced in 1855 by Sir Itenjamin Hall, then President 
 of the General Board of Health, gave effect to many of the views 
 expressed in that report, and also embodied other provisions 
 essential to an effectual system of local management of the districts 
 to which it applied. It will be convenient in this place to give an 
 abstract of its chief provisions. The twenty-three larger parishes 
 were to have a separate system of administration under vestries j 
 and the other parishes and places were grouped into districts, and 
 to be managed by district boards. The metropolis, as defined by 
 the Act, is co-extensive with the district of the Registrar-General. 
 Eighteen vestrymen were to be elected for every parish in which 
 the number of rated householders should not exceed 1,000, with 
 six additional vestrymen for every parish in which the number of 
 rated householders should exceed 1,000, and twelve additional 
 vestrymen for every parish in which the number of rated house- 
 holders should exceed 2,000, and in the proportion of twelve 
 additional vestrymen for every thousand rated householders, but so 
 as not to exceed 120 in all. The incumbent and churchwardens 
 were to be a part of the vestry. Parishes containing more than 
 2,000 rated householders were to be divided into wards. The 
 qualification for a vestryman was the being rated to the relief of 
 the poor on a rental of not less than 40 a year, and he was 
 required to be the occupier of property in the parish ; but where 
 the number of assessments at 40 did not exceed one-sixth of the 
 total number of assessments, a 25 rental was sufficient. Mem- 
 bers of the vestry were to be elected by the rated parishioners, 
 and the district board was to be elected by the vestries mentioned 
 in Schedule (B). A body called the Metropolitan Board of 
 Works w r as constituted. Its members were to be elected by the 
 Corporation of London, the vestries in Schedule (A), and the 
 district boards. The Metropolitan Board, vestries in Schedule 
 (A), and district boards were incorporated. The members of the 
 Metropolitan Board first elected were to appoint a chairman with 
 a salary of not less than Jl,500 or more than 2,000 per annum.
 
 INTRODUCTION TO FIRST EDITION. XXXI 
 
 The metropolitan board were charged with the maintenance of the 
 main sewers, and with the execution of works for intercepting 
 sewage from the Thames, and were empowered to make orders for 
 maintaining the main and general sewerage, placing streets in 
 more than one parish under one management, naming streets and 
 numbering houses, preserving the regular line of buildings, and 
 for other objects. They were authorised to make, widen and 
 otherwise improve streets, and to effect other objects of public 
 benefit ; but when the estimated cost of works exceeded 50,000, 
 they were to be approved by the Commissioners of Her Majesty's 
 Works, &c., and when such cost exceeded 100,000 the sanction 
 of Parliament was rendered necessary. The plan of the works for 
 intercepting sewage from the Thames must be approved by the 
 Commissioners of Works and Public Buildings. The vestries and 
 district boards were to maintain existing local sewers, and construct 
 new ones with the previous approval of the Metropolitan Board. 
 The liabilities of individuals ratione tenures, and on other grounds, 
 were preserved. Various powers were conferred upon the vestries, 
 &c., for enforcing house drainage and abating nuisances. The 
 duties, powers, and authorities relating to the paving, lighting, 
 watering, cleansing, or improving parishes and districts, and to the 
 regulation, government, or concerns of any parish or part, except 
 such as related to the affairs of the church or the management or 
 relief of the poor, &c., were vested in the vestries and district 
 boards. But the Act contained a saving of the powers of certain 
 commissioners for the maintenance and management of squares, 
 streets, &c., and for other objects. The powers and duties of sur- 
 veyors of highways were assigned to the vestry and district boards ; 
 they were to be the local authority for executing the Nuisances 
 Removal Act ; the various powers were conferred upon them for 
 regulating streets, preventing injurious interference with the roads 
 or pavements, and the enforcement of sanitary measures. Certain 
 auxiliary powers were given to the boards and vestries for the exe- 
 cution of works. The rates to be levied were a sewers rate, a 
 general rate, and, in some parishes or parts, a lighting rate. The 
 debts and liabilities of the former sewers commissions and paving 
 boards were continued a charge on the districts to which they 
 originally belonged. Borrowing powers were given to the Metro- 
 politan Board and to the vestries and district boards with the 
 consent of the Metropolitan Board. Provisions were made for the 
 auditing of accounts.
 
 XXX11 INTRODUCTION TO FIRST EDITION. 
 
 The framers of this measure brought to the performance of their 
 duty extensive knowledge of the multifarious subjects it embraced 
 within its range, and sound judgment in dealing with them ; and, 
 considering the magnitude and diversity of the interests affected 
 by it, the special nature of many of its provisions,, and the other 
 difficulties of the task, it must, upon the whole, be pronounced a 
 judicious and effectual measure. But it could not be expected 
 that an Act dealing with such a variety of interests, and affecting 
 the provisions of so many local Acts, should be free from defects. 
 Experience showed that some of its provisions required amend- 
 ment, and the Acts 19 & 20 Viet. c. 112, and 21 & 22 Viet. 
 c. 104, were accordingly passed. The former, amongst other pro- 
 visions, declared that all duties, powers, and privileges, including 
 such as related to the affairs of the church or the management or 
 relief of the poor which might be exercised by any open or elected 
 or other vestry, should, with certain exceptions, be deemed to have 
 become vested in the vestries appointed under the original Act. 
 The latter repealed that enactment, by which the approval of Her 
 Majesty's Commissioners of Works was required before any scheme 
 of main drainage could be carried out ; and it empowered the 
 Metropolitan Board to execute works for the object in question 
 according to such plan as they might deem proper. It was also 
 made sufficient that the works should have the effect of preventing 
 sewage passing into the Thames within, instead of in or near the 
 metropolis, as provided by the first Act. Works might be con- 
 structed through, along, over, or under the bed, bank, and shores 
 of the Thames. The Metropolitan Board were empowered to 
 borrow three millions sterling on bonds, debentures, or other 
 securities, and the Commissioners of the Treasury were authorized 
 to guarantee payment of principal and interest. A main drainage 
 rate of 3d. in the pound on the basis of the county rate was 
 created, and all parts of the metropolis were to be regarded as 
 equally benefited by the expenditure. Works on the bed and fore- 
 shore of the Thames were to be subject to the approval of the 
 Admiralty and of the conservators of the Thames. The 
 period for the completion of the main drainage works 
 was extended from the 31st December, 1860, till the 31st 
 December, 1863. These works, which are of vast magnitude 
 and extent, were immediately commenced on the passing 
 of the Act, and they are in active progress. These, as also 
 the other extensive operations of the Board, are explained in their
 
 INTRODUCTION TO FIRST EDITION. XXX1U 
 
 report of their proceedings in the execution of the Acts during the 
 past year presented to both Houses of Parliament, conformably to 
 section 200 of 18 & 19 Viet. c. 120. In the course of expe- 
 rience, further obstacles to the effectual working of the original 
 Act were encountered. An important question arose between the 
 Metropolitan Board and the vestries and district boards, as to the 
 incidence of the debts contracted under the former sewers com- 
 missions. These were apportioned by the Metropolitan Board 
 among the parishes and parts constituting the old sewerage dis- 
 tricts in the ratio of the rateable value of the property within 
 them. Some of the parishes deemed themselves aggrieved by this 
 apportionment, which imposed upon them the cost of works, which, 
 though executed within the same district were not within the 
 local limits of the parish, and urged to Board to alter it. The 
 Board acceded, and prepared a new distribution of the debts, 
 which they embodied in an amending bill. The alterations suggested 
 by the Board in relation to the re-distribution of these debts were, 
 with some exceptions, rejected by the Special Committee of the 
 House of Commons, to which the bill was referred, and, with 
 those exceptions, the original apportionment is still in force. The 
 powers of the Metropolitan Board for compelling prompt payment 
 of their precepts were found insufficient. The provisions of the 
 original Act, directing a different mode of assessment for the 
 expenses of maintaining main sewers from that which applied to 
 the costs of new thoroughfares, and from that which was subse- 
 quently authorized with respect to the cost of the main drainage 
 works, were found anomalous and inconvenient. Further powers 
 were required for the construction of accommodation and subsi- 
 diary works. The regulations respecting the breaking up of 
 turnpike roads were unnecessarily restrictive ; the provisions for 
 preventing wrongful interference with sewers were found inade- 
 quate ; and additional powers were required for compelling the 
 submission of plans, &c., previously to the construction of sewers ; 
 for compelling overseers to enforce payment, by private parties, of 
 the expenses of paving new streets ; for imposing on the owners 
 the cost of sewering streets newly laid out ; for enforcing contri- 
 butions to the cost of sewers by parties draining into them ; and 
 for abating nuisances and enforcing adequate sanitary regulations 
 in general. It may be added that there was no appeal against the 
 decision of the auditors of accounts; and modifications of the 
 provisions of the original Act were needed in other respects. The
 
 XXXIV INTRODUCTION TO FIRST EDITION. 
 
 provisions to which the foregoing observations apply are pointed 
 out in the notes to the several sections under which they arise, 
 and the nature and scope of the amendments introduced to meet 
 these and other requirements, and the reasons on which they are 
 founded, are fully explained. Many of the clauses of the bill, 
 however, underwent hasty alteration during its progress through 
 Parliament, and new ones were introduced without its being clearly 
 ascertained whether or not they were consistent with the general 
 provisions of the measure. The consequence has been that several 
 of its enactments are of an incongruous character, and their true 
 construction may probably hereafter be attended with difficulty. 
 But notwithstanding this, the last amending Act has, upon the 
 whole, given to the boards and vestries considerable additional 
 facilities for the performance of their functions. A good deal of 
 discussion has taken place as to the mode in which the members of 
 the Metropolitan Board are chosen, and an impression seems to 
 be gaining ground that direct election by the ratepayers would be 
 preferable to the indirect election by the vestries and district 
 boards which now prevails. The Select Committee of the House 
 of Commons on Metropolis Local Taxation, appointed in 1861, 
 express themselves in their report to this effect. They state that 
 whilst the evidence before them tended to show that the Metro- 
 politan Board, as at present constituted, was fully competent to 
 discharge its duties, greater authority would, in their opinion, 
 attach to its deliberations if its members were elected by the rate- 
 payers directly. Whether that view of the Committee is or is 
 not well founded, the preponderance of opinion among those 
 familar with the working of the Board is, that though an alteration 
 of the mode of election might not send better men to the Board, it 
 would, at all events, secure them greater independence of action. 
 As regards the functions of the vestries and district boards, their 
 periodical reports under the 198th section of the statute referred 
 to, show the large paving and other works which have been exe- 
 cuted, and they constitute an instructive record of sanitary activity 
 in the construction of local sewers, the extension of house drainage, 
 the inspection of the dwellings of the poor by their medical officers, 
 and the removal of trade and other nuisances prejudicial to health. 
 One great source of difficulty with which the metropolitan and 
 other boards and vestries have still to contend, however, remains 
 to be mentioned, and that is the means of providing funds for the 
 extensive improvements demanded by the exigencies of metro-
 
 INTRODUCTION TO FIRST EDITION. XXX 
 
 politan traffic. Previously to the passing of the Metropolis 
 Management Act, public improvements had for the most part 
 been effected by the executive government by means of parlia- 
 mentary grants, or by the Corporation of London, out of its 
 own funds, or to a great extent under powers created by special 
 Acts of Parliament. The Metropolitan Board, unlike various 
 municipal corporations, is not in possession of revenues derived 
 from estates, or from tolls, dues, fees, or the like ; and, the whole 
 of the works which have hitherto been executed have been paid for 
 out of the proceeds of direct rates upon house property (a) . The 
 Board did not cease to press their claims in this respect upon 
 the attention of the Government and of Parliament (a), and the 
 result has been to place at their disposal means derived from other 
 sources for executing one of the most important of the under- 
 takings required for the improvement of the metropolis, viz., the 
 Thames embankment. The London Coal and Wine Duties Con- 
 tinuance Act, 1861, 24 & 25 Viet. c. 42, after providing that those 
 duties should, subject to the qualification expressed in the Act, 
 be continued until the 5th July, 1872, enacted that the duties of 
 Id. per ton on coal, culm, and cinders, and of 4?. per tun on 
 wines, and of 8d. on coal, culm, and cinders, should, so soon as 
 all charges on the London Bridge Approaches Fund should be 
 satisfied, be paid to the account of the Thames Embankment and 
 Metropolis Improvement Fund, and be applied to the improvement 
 of the metropolis, as might thereafter be directed by Parliament. 
 The execution of this important undertaking has since been con- 
 fided by Parliament to the Metropolitan Board, the Thames 
 Embankment Act, 25 & 26 Viet. c. 93, empowering them to 
 execute the necessary works, and the Commissioners of the Treasury 
 being authorized to provide the requisite sums out of, or by charge 
 upon, the Thames Embankment and the Metropolis Improvement 
 Fund. This noble work will, however, be incomplete unless it be 
 accompanied or speedily succeeded by an embankment on the 
 south side of the river. 
 
 (a) See letter from Mr. Thwaites, chairman of the Metropolitan Board of 
 Works, to members of Parliament representing metropolitan constituencies, 
 dated the 18th April, 1859, pointing out the limited resources of the Board, 
 and the vast costs of the improvements required for the purposes of metro- 
 politan traffic.
 
 XXXVI INTRODUCTION TO FIRST EDITION. 
 
 The boards and vestries appointed to watch over the local 
 administration of the metropolis have large powers and commen- 
 surate responsibilities ; and whilst past experience justifies the 
 anticipation that their powers will continue to be exercised with 
 judgment and discretion, it is earnestly to be desired that their 
 public usefulness may be promoted by mutual confidence and 
 increased harmony of action. 
 
 LONDON, 
 November 1, 1862.
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 Metropolis Local Management Act, 1855, 18 & 19 Viet. c. 120 1 
 
 Metropolis Management Amendment Act, 1856, 19 & 20 
 
 Viet. c. 112 161 
 
 Metropolis Management Amendment Act, 1862, 25 & 26 
 
 Viet. c. 102 167 
 
 London Coal and Wine Duties Continuance Act, 1861, 24 & 25 
 
 Viet. c. 42 237 
 
 Metropolitan Board of Works (Loans) Act, 1869, 32 & 33 
 
 Viet. c. 102 245 
 
 Superannuation Allowances to Officers of Vestries and District 
 
 Boards Act, 1866, 29 Viet. c. 31 270 
 
 Metropolis Management Amendment Act, 1875, 38 & 39 Viet. 
 
 c. 33 272 
 
 Metropolitan Building Act, 1855, 18 & 19 Viet c. 122 ... 274 
 
 Metropolitan Building Act (Amendment) 1860, 23 & 24 Viet. 
 
 c. 52 320 
 
 Metropolitan Building Amendment Act, 1861, 24 & 25 Viet. 
 
 c. 87 321 
 
 Metropolitan Building Act, 1869, 32 & 33 Viet. c. 82 322 
 
 Metropolis Management and Building Acts Amendment Act, 
 
 1878, 41 & 42 Viet. c. 32 324 
 
 Metropolitan Fire Brigade Act, 1865, 28 & 29 Viet. c. 90 ... 337 
 
 Metropolitan Commons Act, 1866, 29 & 30 Viet. c. 122 ... 347 
 
 Metropolitan Commons Act, 1878, 41 & 42 Viet. c. 71 355 
 
 Gardens in Towns Protection Act, 1863, 26 Viet. c. 13 ... 357 
 
 Metropolitan Open Spaces Act, 1877, 40 & 41 Viet c. 35 ... 361 
 
 Slaughter-houses, &c. (Metropolis) Act, 1874, 37 & 38 Viet c. 67 363 
 
 Metropolis Water Act, 1852, 15 & 16 Viet. c. 84 ... ... 371 
 
 Metropolis Water Act, 1871, 34 & 35 Viet. c. 113 379 
 
 Sales of Gas Act, 1859, 22 & 23 Viet. c. 66 396 
 
 Metropolis Gas Act, 1860, 23 & 24 Viet. c. 125 405 
 
 d
 
 xxxviii TABLE OF CONTENTS. 
 
 PAGE 
 
 Petroleum Act, 1871, 34 & 35 Viet. c. 105 422 
 
 Petroleum Act, 1879, 42 & 43 Viet. c. 47 713 
 
 Explosives Act, 1875, 38 Viet. c. 17 433 
 
 Metropolitan Subways Act, 1868, 31 & 32 Viet. c. 80 493 
 
 Tramways Act, 1870, 33 & 34 Viet. c. 78 496 
 
 Locomotives Act, 1865, 28 & 29 Viet. c. 83 525 
 
 Highways and Locomotives (Amendment) Act, 1878, 41 & 42 
 
 Viet. c. 77 532 
 
 Destructive Insects Act, 1877, 40 & 41 Viet. c. 68 536 
 
 Infant Life Protection Act, 1872, 35 & 36 Viet. c. 38 539 
 
 Artizans and Labourers Dwellings Act, 1868, 31 & 32 Viet. 
 
 c. 130 544 
 
 Artizans and Labourers Dwellings Act, (1868) Amendment Act, 
 
 1879, 42 & 43 Viet. c. 64 720 
 
 Artizans and Labourers Dwellings Improvement Act, 1875, 
 
 38 & 39 Viet. c. 36 560 
 
 Artizans and Labourers Dwellings Improvement Act (1875) 
 
 Amendment Act, 1879 582 
 
 Sale of Food and Drugs Act, 1875, 38 & 39 Viet. c. 63 ... 585 
 
 Sale of Food and Drugs Act Amendment Act, 1879, 42 & 43 
 
 Viet. c. 30 598 
 
 Diseases Prevention Act, 1855, 18 & 19 Viet. c. 116 600 
 
 Nuisances Eemoval Act for England 1855, 18 & 19 Viet. c. 121 604 
 
 Nuisances Removal Act for England (Amendment) Act, 1863, 
 
 26 & 27 Viet. c. 117 636 
 
 Nuisances Removal and Diseases Prevention Act, 1860, 23 & 24 
 
 Viet. c. 77 630 
 
 Sanitary Act, 1866, 29 & 30 Viet. c. 90 638 
 
 Sanitary Act, 1868, 31 & 32 Viet. c. 115 656 
 
 Sanitary Law Amendment Act, 1874, 37 & 38 Viet. c. 89 ... 660 
 
 General Paving (Metropolis) Act, 1817, 57 Geo. 3, c. 29 ... 663 
 
 Thames River (Prevention of Floods) Act, 1879, 42 & 43 Viet. 
 
 c. cxcviii . 730
 
 TABLE OF CASES. 
 
 PAGE 
 
 Aberavon (Mayor of), R. v 3 
 
 Abrahams v. London (Lord Mayor of) 94 
 
 Adams, Cauuter v 363 
 
 Adams v. Bromley Local Board . . . 203 
 
 Adams, Lord Rivers v 350 
 
 Adamson, Hildreth v. ... 66,199 
 
 Addison, Labalmondiere v 296 
 
 Ains worth v. Creeke 5 
 
 Airedale Drainage Commissioners, 
 
 Rhodes v 76,94 
 
 Akroyd, Barnes v 612, 644 
 
 Alee, Easton v. 6 
 
 Aldrich, District Sanitary Authori- 
 
 tiesr 59 
 
 Alison, Duckworth v. 90 
 
 All Saints, Wigan (Churchwardens 
 
 of), R.v 161 
 
 Alsop, Cross v. 164 
 
 Amherst, Austin v 93 
 
 Amys v. Creed 610, 644 
 
 Anderson v. Fitzgerald 28 
 
 Andertonv. Birkenhead Improvement 
 
 Commissioners 124, 219 
 
 Andrews, Budge v 10 
 
 Andrews, West v 24 
 
 Andrews, Attorney-General v. ... 85 
 
 Andrews, Waller v 107 
 
 Angell v. Paddington (Vestry of) 60, 204 
 
 Angus v. Dalton ... ... ... 73 
 
 Anselm v. Barnard 100 
 
 Arnold v. Blackett 53 
 
 Arnold v. Holbrook 53 
 
 Arnold, Weston v 298 
 
 Ashby v. Woodthorpe 285 
 
 Ashton, Tarry v 67 
 
 Ashton-under-Lyne (Mayor of), Bate- 
 man r. ... ... ... ... 85 
 
 Aspinall v. London & North- Western 
 
 Ky. Co 90 
 
 Aston, Sanderson v. ... ... ... 28 
 
 Aston Local Board, Roderick v. 35, 75 
 Atherton Local Board of Health, Hes- 
 
 keth v 60 
 
 Atkins, Bennett v 164 
 
 At torney- General v. Andrews ... 85 
 
 Attorney-General, Bartlett v. ... 28 
 Attorney-General v. Birmingham 
 
 (Town Council of) 80 
 
 Attorney-General v. Bradford Canal 
 
 Co 80 
 
 Attorney- General v. Brecon (Mayor 
 
 of) ... 85 
 
 d 
 
 PAGE 
 
 Attorney-General w.CambridgeGas Co. 63 
 Attorney- General v. Cockermouth 
 
 Local Board of Health 80 
 
 Attorney-General r. Colney Hatch 
 
 Lunatic Asylum 80,616 
 
 Attorney- General v. Compton ... 86 
 Attorney-General v. Donaldson . . . 101 
 Attorney- General v. Drapers' Co. ... 162 
 Attorney-General v. Eastlake ... 86 
 
 Attorney-General v. Gee 80 
 
 Attorney-General v. Gas Light and 
 
 Coke Co 416 
 
 Attorney-General v. Great Eastern 
 
 Ry. Co, 209 
 
 Attorney-General v. Hackney District 
 
 Board 35,80,223 
 
 Attorney-General v. Halifax (Corpo- 
 ration of) 80 
 
 Attorney-General v. Kingston-on- 
 
 Thames (Corporation of) 80 
 
 Attorney-General v. Leeds (Mayor of) 80 
 Attorney-General v. Luton Board of 
 
 Health 80 
 
 Attorney-General v. Metropolitan 
 
 Board of Works 79 
 
 Attorney-General v. Mutual, &c., As- 
 sociation 6 
 
 Attorney- General v. Pearson ... 86 
 
 Attorney-General v. Richmond 80, 616 
 Attorney- General v. Southampton 
 
 (Guardians of) 86 
 
 Attorney- General v. Sunderland (Cor- 
 poration of) 358,361 
 
 Attorney- General v. Tyssen-Amherst 350 
 Attorney- General, Viscount Canter- 
 bury v 312 
 
 Attorney-General v. Wandsworth Dis- 
 trict Board 60 
 
 Attorney- General v. West Hartlepool 
 
 Improvement Commissioners ... 86 
 Attorney-General v. Whitwood Local 
 
 Board 26 
 
 Attorney-General v. Wigan (Mayor 
 
 of) 85 
 
 Attree v. Hawe 248 
 
 Auckland (Lord) v. Westminster Dis- 
 trict Board 202, 203, 204 
 
 Austin v. St. Mary, Lambeth 40, 42, 194 
 Austin v. Bethnal Green (Guar- 
 dians of) 89 
 
 Austin v. Amherst 93 
 
 Avery, Scott r 90 
 
 2
 
 xl 
 
 Talk of Cases. 
 
 PAGE 
 
 Backhouse, Bonomi v. ... 73,223 
 
 Backhouse, E. v 11 
 
 Baddeley, v. Gingell 60,663 
 
 Badger v. Denn 278, 286 
 
 Badger, North Kent Ry. Co. v. ... 277 
 
 Badger, R. v. 291 
 
 Badger v. South Yorkshire, &c., Ry. 
 
 Co 32 
 
 Bagshaw v. Buxton 32 
 
 Bagshaw v . Buxton Local Board of 
 
 Health 54 
 
 Bailey v. Jamieson 53 
 
 Bailey v. Wilkinson 39 
 
 Baiss, Hackett v 209 
 
 Bakers. Lee 10 
 
 Baker v. Marsh ... 6 
 
 Baker v. Marylebone (Vestry of) ... 77 
 
 Baker, Newman v 285 
 
 Baker v. Portsmouth (Mayor of) ... 125 
 
 Baker, R. 38, 218 
 
 Baker v. Wisbeach (Corporation of) 223 
 
 Balls v. Metropolitan Board of Work s 133 
 
 134 
 
 Barber v. GranthamRy. Co... 94,134 
 
 Barber v. Waite 24 
 
 Barbett, Mawley v 14 
 
 Barker, Gerring v 53 
 
 Barnard, Anselm v 100 
 
 Barnard, Reading v 304 
 
 Barnes v. Akroyd 612, 644 
 
 Barnes t>. Chipp 590 
 
 Barnes v. Eddleston ... 225, 605, 609, 612 
 
 Barnes, N orris v 643 
 
 Barnham, Smith v 127 
 
 Barnet Rural Sanitary Authority, 
 
 R. v 46,137,309 
 
 Barraclough v. Sheppard 53 
 
 Barrett, Islington (Vestry of) v. ... 60 
 Barrett v. Duke of Bedford 299, 306 
 
 Barrett, Ludbrook v. 90 
 
 Bartlett u. Attorney-General ... 28 
 
 Barton v. Birmingham (Town Clerk 
 
 of) 164 
 
 Barton v. Piggott 122,185 
 
 Bassett, Ex parte 613 
 
 Bastin, Rippin v 161 
 
 Bateman v. Ashton - under - Lyne 
 
 (Mayorof) 85 
 
 Bateman v. Bluck 55, 56 
 
 Batley (Mayor of,) Hall v 43 
 
 Battenbury, St. Pancras (Vestry 
 
 of) 61, 133, 206 
 
 Batty's Trust, Se 94 
 
 Bauinan v. St. Pancras (Vestry of) ... 203 
 205 
 
 Beardmore v. Fox 306 
 
 Beck v. Stringer 425 
 
 Beckett v. Leeds (Corporation of) ... 54 
 
 Beckett v. M idlancl Ry . Co 76 
 
 Bedford (Duke of), Barrett v. 299, 306 
 Bedford (Duke of) v. Dawes ... 77 
 
 Bell, Metropolitan Police Receiver v. 137 
 221, 309 
 
 Bembridge, Evans v. 28 
 
 Benjamin v. Storr 55 
 
 Bennett v. Atkins 164 
 
 Bennett, Coggins v 55, 204, 224 
 
 Bennett v. Womack 107 
 
 Bermondsey (Vestry of) v. Brown ... 53 
 
 Bermondsey (Vestry of) v. Johnson 204 
 
 224 
 
 Bermondsey (Vestry of) v. Ramsey ... 61 
 217, 648 
 Berwick-on-Tweed (Mayor of), Os- 
 
 wald 28 
 
 Best v. Staff 650 
 
 Bethnal Green (Guardians of), Austin v. 89 
 Bethnal Green (Vestry of), Harvey v. 53 
 Bethnal Green (Vestry of), Parsons v. 51 
 
 Bibby, Mason v 144 
 
 Bidder v. Croydon (Local Board of) ... 80 
 Biddulph v. St. George, Hanover 
 
 Square (Vestry of) 47 
 
 Bidwell, R. v 9 
 
 Biggs v. London (Corporation of) ... 77 
 Billericay Highway Board, Woodard v. 55 
 Billericay (Guardians of), Lamprell . 89 
 Binney v. Metropolitan Board of 
 
 Works 95,134 
 
 Bireh v. Marylebone (Vestry of) ... 92 
 
 Bird*. Elwes 614 
 
 Bird, Jones v. 78 
 
 Bird, Re 11 
 
 Birkbeck, Ex parte 6 
 
 Birkenhead Improvement Commis- 
 sioners, Anderton v. ... 124,219 
 Birkenhead Improvement Commis- 
 sioners, Mason v 223 
 
 Birkhead, Sangster v. ... 299,306 
 
 Birmingham (Churchwardens of) v. 
 
 Shaw 100 
 
 Birmingham Gas Light Co., Hop- 
 
 kinsu 617 
 
 Birmingham (Mayor of), Pashby v. 90 
 Birmingham (Town Clerk of), Bar- 
 ton v 164 
 
 Birmingham (Town Council of), 
 
 Attorney General t. ... 80,81 
 
 Birmingham Waterworks Co., 
 
 Blyth v 39, 78 
 
 Biscoe . Great Eastern Ry. Co. ... 78 
 Bishop, Great Western Ry. Co. v. ... 609 
 Bisshopp, Tunbridge Wells Local 
 
 Board of Health v. 650 
 
 Black, Edinburgh Street Tramways 
 
 Co. v 500 
 
 Blackburn v. Smaith 90 
 
 Blackett, Arnold v 53 
 
 Blyth v. Birmingham Water Co. 39, 78 
 
 Blyth, Bowman v 397 
 
 Blything Union (Guardians of) v. 
 Warton ... .615
 
 Talk of Cases. 
 
 xli 
 
 PAGE 
 
 Blything r. Warton 605 
 
 Bluck, Bateman v 55, 56 
 
 Blunt v, Harwood 17, 23 
 
 Blunt, Iron Ship, &c., Co. v. 
 
 Body r. Jeffrey 525 
 
 Bolfand Ex parte, Winter Re ... 90 
 Bolton (Mayor of), Wilson v. ... 131 
 
 Boodle, Flatcher v 5 
 
 Bonomi r. Backhouse ... 73, 223 
 
 Boraston, Powell v 126 
 
 Bourne Reservoir (Proprietors of), 
 
 G-rddinr 39 
 
 Bouverie v. Miles 663,696 
 
 Bowditch v. Wakefield Board of 
 
 Health 60, 644 
 
 Bowes v. Law 126 
 
 Bower r. Peate ... 52, 53, 73, 299 
 
 Bowles, Hendon (Guardians of) c. ... 612 
 Bowles r. St. Mary, Islington 59, 206 
 
 Bowling Iron Co., Firth v 645 
 
 Bowman r. Blyth 397 
 
 Boycott, R. r. 2 
 
 Brackenbury v. Thoresby 53 
 
 Bradbee v. Christ's Hospital 295,297 
 299 
 
 Bradbury r. Morgan 28 
 
 Bradby v. Southampton Local Board 134 
 Bradfield Union, Nicholson v. ... 89 
 Bradford Canal Co., Attorney Gene- 
 ral v 80 
 
 Bradford (Corporation of), Fer- 
 
 randt' 92, 135 
 
 Bradford Local Board . Hop wood... 134 
 Bradford (Mayor of), Slee r. . . . 125, 204 
 Bradford (CoYporation of), Pudsey 
 
 Gas Co. r 63 
 
 Bradley, Garnett v 142 
 
 Bradley v. Greenwich Board of 
 
 Works 190 
 
 Brand v. Hammersmith Ry. Co. ... 77 
 
 Brandon v. Brandon 94, 134 
 
 Branilen r. Metropolitan Board of 
 
 Works 78 
 
 Brannan, Steele v 309 
 
 Brecon (Mayor of), Attorney-Gene- 
 ral r 85 
 
 Brierley Union (Guardians of), 
 
 Haighr 89 
 
 Bright, Gill r 637 
 
 Br i ght v. North 85 
 
 Brine p. Great Western Ry. Co. ... 78 
 
 Briscoe v. Drought 78 
 
 Bristol (Mayor, &c., of ), Hall r. ... 76 
 Bristol (Corporation of ), Quinton v. 93 
 British Land Co., Plumstead Board of 
 
 Works r 61 
 
 British South America (Standard Bank 
 
 of) v. Stokes 300, 301 
 
 Broadbeut r. Imperial Gas Co. ...76, 78 
 Bromley Local Board, Adams f. ... 203 
 Bromley Union, Kirk v 89 
 
 PAGE 
 
 Brooke, Colchester (Mayor of ) v. ... 55 
 Broughton, Local Board of Health, 
 
 R.t, 136 
 
 Brown, Bermondsey (Vestry of) v.... 53 
 
 Brown v. Bussell 612 
 
 Brown r. Downs 27 
 
 Brown v. London (Mayor, &c. of)... 50 
 
 Brown v. Sargent 39 
 
 Brown, Hardwick v V ... 23 
 
 Browne, Davis 526 
 
 Brownlow v. Metropolitan Board of 
 
 Works 75,78 
 
 Bryerr. Willis 301 
 
 Brutton v. St. George, Hanover 
 
 Square 204 
 
 Buccleuch (Duke of) v. Metropolitan 
 
 Board of Works 77,134 
 
 Buckley, Small v 611,637 
 
 Buckmaster v. Reynolds 13 
 
 Budge r. Andrews ... ... ... 10 
 
 Burgess v. Northwich Local Board... 135 
 
 Burnett, R. r 650 
 
 Burns r. Carter 663 
 
 Burr, Hattersley v 124 
 
 Burridge, Payne v 132 
 
 Bury, Robins v 84,203 
 
 Bury Improvement Commissioners, 
 
 Earl of Derby r 35,46,616 
 
 Bury Improvement Commissioners, 
 
 Roberts r 90 
 
 Burslem, Meyer v 25 
 
 Busby v. Chesterfield Water & Gas 
 
 Co 91,381 
 
 Bush v. Trowbridge Waterworks Co. 78, 
 98, 135 
 
 Bussell, Brown v 612 
 
 Buxton, Bagshaw v 32 
 
 Buxton Local Board of Health, Bag- 
 shaw v. ... ... ... ... 54 
 
 Butler, Lake i' 619 
 
 Caballero v. Lewis 91 
 
 Cadogan (Earl), R. v. 38 
 
 Cadby, Gay v 71, 212 
 
 Caffin, Mil ward v 100 
 
 Caledonian Ry. Co. v. Ogilvy ...76, 77 
 
 Calvert, Ware v 90 
 
 Cambrian Ry. Co., R, r. ... 77,135 
 Cambridge Gas Co., Attorney- Gene- 
 ral t>. 63 
 
 Cameron r. Charing Cross Ry. Co. ... 77 
 Campbell v. East London Water- 
 
 works Co 91 
 
 Campbell v. Maund 11 
 
 Canterbury (Mayor of ), Foreman v. 52 
 Canterbury (Viscount) r. Attorney - 
 
 General 312 
 
 Capper, Ex parte 90 
 
 Cardell v. New Quay Local Board ... 364 
 Card well, Cocker r 634,644
 
 xlii 
 
 Table of Cases. 
 
 PAGE 
 Carlisle Local Board, Taite v. ... 104 
 
 Carnarvon Ry. Co., Field v 94 
 
 Carr, Lewis v. 24 
 
 Carruthers, R. v. ... 275, 286, 314 
 
 Carter, Burns v 663 
 
 Carters. Cropley 2,48,162 
 
 Cator v. Lewisham District Board 
 
 35, 80, 616 
 Cattle v. Sjfcckton Waterworks Co. 384 
 
 Caudwell vTHanson 292, 296 
 
 Caunter v. Adams 163 
 
 Chamberlain v. West End of London 
 
 and Crystal Palace Ry. Co. ... 76 
 
 Chambers v. Reid ... 222 
 
 Chantrell, R. v 621 
 
 Chappell, Whateley v 12 
 
 Cbaring Cross Ry. Co., Cameron v.... 77 
 Charing Cross Ry. Co., Eagle v. ... 77 
 Charing Cross Ry. Co., St. Thomas's 
 
 Hospital (Governors of) v, ... 93 
 
 Charltou, Coverdale v. 32,54 
 
 Charlton, Ludlow (Mayor of) v. ... 89 
 
 Chase more v. Richards 78 
 
 Chatham (Overseers of), Hughes v.... 2 
 Chectham v. Manchester (Corp. of) 298 
 Chelmsford Local Board, Chelmsford 
 
 Union v 104 
 
 Chelmsford Union v. Chelmsford Local 
 
 Board 104 
 
 Chelsea (Vestry of) v. Evans ... 61 
 
 Chelsea (Vestry of) v. King 201, 213, 694 
 
 Cheshire, R. 637 
 
 Cheshire Lines Committee, Grierson v. 92 
 Chesterfield Water and Gas Co., 
 
 Busby v 91,381 
 
 Child, Tozerv 9,164 
 
 Chilton v. London (Corporation of) ... 350 
 
 Chipp, Barnes v 590 
 
 Christ Church (Overseers of), R. v. 14, 220 
 Christ's Hospital, Bradbee v. 295, 297, 299 
 Christie v. St. Luke, Chelsea (Guar- 
 dians of Poor of ) ... 97,99,144 
 Clark v. St. Pancras (Vestry of) ... 202 
 Clarke, Duke of Newcastle and others 
 
 v 32 
 
 Clarke, Moore v 299,306 
 
 Clarke v. Cuckfield Union (Guardians 
 
 of 89 
 
 Clarke v. Paddington (Vestry of) 41, 42, 
 187 
 
 Clarson, Peters v 76,615 
 
 Clayardsf. Dethick 78 
 
 Clergy Orphan Corporation, Re ... 262 
 Clerk enwell (Vestry of), Ecclesiastical 
 
 Commissioners v. 84,163 
 
 Clewer, Metropolitan Board of 
 
 Works v 219 
 
 Clifton Dartmouth Hardness (Mayor 
 
 of) v. Silly 28 
 
 Clothier . Webster 78 
 
 Cluffu. Cluff 248 
 
 PAGE 
 
 Cocker v. Card well 634,644 
 
 Cockerell, R. 613, 644, 653 
 
 Cockermouth Local Board of Health, 
 
 Attorney-General v 80 
 
 Coev. Wise 52 
 
 Coggins v. Bennett 55, 204, 224 
 
 Coker, Read v 622,623 
 
 Colam, Johnson v. ... ... ... 215 
 
 Colchester (Mayor of) v. Brooke ... 55 
 
 Cole, Mouflet v 619 
 
 Coleman, Imperial Mercantile Credit 
 
 Associations 24 
 
 Collingridge r. Royal Exchange As- 
 surance Company 94 
 
 Collins v. Middle Level Commis- 
 sioners 78 
 
 Collins, Mullins v 587 
 
 Collins, R 11 
 
 Collins v. Paddington (Vestry of) ... 71 
 Colne Valley Water Co., Edgware 
 
 Highway Board r 63 
 
 Colney Hatch Lunatic Asylum, Attor- 
 ney-General v 80,616 
 
 Combe, Filby v 70 
 
 Combe, R. i> 134 
 
 Commercial Gas Co. v. Scott 406, 411 
 Commercial Ry. Co., Sims v. ... 93 
 
 Compton, Attorney-General v. ... 86 
 
 Conyer, Titterton v 299 
 
 Cook, Jones v 425 
 
 Cook v. Ipswich Local Board ... 61 
 Cook v. Montagu ... 611,644,648 
 
 Cook, Morland v 38 
 
 Cook v. Ward 26, 181 
 
 Cooper, R. v 11 
 
 Cooper v. Walker 53 
 
 Cooper v. Wandsworth District Board 42, 
 204 
 
 Cooper v. Woolley 644 
 
 Core v. James 588 
 
 Corn well v. Metropolitan Commis- 
 sioners of Sewers ... ... ... 63 
 
 Cotton, R. v 609, 612, 616 
 
 Cousins, Humphries v. 645 
 
 Coverdale v. Charlton ... 32,54 
 
 Cowen v. Phillips 296 
 
 Cox v. Midland Counties Ry . Co. ... 90 
 
 Cox v. Sheffield Gas Co 63 
 
 Cramp, Ex parte 33, 187 
 
 Crampton v. Varna Ry. Co 89 
 
 Cramvell v. London (Lord Mayor of) 94 
 
 Creed, Am ys r 610,644 
 
 Creeke, Ainsworth v 5 
 
 Crofts v. Haldane 299,301 
 
 Crofts v. London & North Western 
 
 Ry.Co 77,135 
 
 Cropley, Carter v 2, 48, 162 
 
 Cross, R. 53 
 
 Cross v. Alsop 164 
 
 Crossdill v. Ratcliff 55 
 
 Crossthwaite v, Gardner 90
 
 Table of Cases. 
 
 xliii 
 
 PAGE 
 
 Croy don Gas Co. v. Dickens 28 
 
 Croydon Gas & Coke Co., Parry v. ... 617 
 
 Croy don (Local Board of), Bidder v. 80 
 
 Cubitt . Smith 205,278 
 
 Cuckfield Union (Guardians of), 
 
 darker 89 
 
 Cullen v. Morris 9 
 
 Cullen v. Trimble 215 
 
 Cumberland Blacklead Co., Bales v. . 23 
 
 Cumberland (Justices of), R. v. ... 612 
 Cunningham v. Wolverhampton Local 
 
 Board of Health 89 
 
 Curling v. Johnson 663 
 
 Dalton, Angus v 73 
 
 D'Arcy v. Tamar, &c., Ry. Co. 89, 178 
 Darlington Highway Board, Reid v. 52 
 
 Davey v. Warne 69,699 
 
 Davidson v. McLeod 587,598 
 
 Davis, Ex parte 296 
 
 Davis v. Browne 526 
 
 Davis, Young v 51 
 
 Davies, Gaskell v 643 
 
 Davies, Lutou Local Board of Health 
 
 v 100,101 
 
 Davies v. Swansea (Corporation of) . 223 
 
 Davison v. Gill 54 
 
 Davis's Estate and Crystal Palace Ry. 
 
 Co., Re 297 
 
 Daw v. Metropolitan Board of Works 83, 
 141, 210, 212 
 
 Daw, Thomas v 93 
 
 Dawes, Duke of Bedford v 77 
 
 Dayman, R. v. ... 54, 59, 206, 208, 285 
 
 Debenham, Theed 209 
 
 De Held, Soltau v 609 
 
 Deighton, Smith v 23 
 
 Delane v. Hillcoafc 23 
 
 Delany v. Metropolitan Board of 
 
 Works 223 
 
 Derm, Badger v 278,286 
 
 Dennett, Freud v 88 
 
 Denny v. Thwaites ... ... ... 55 
 
 Dcthick, Clayards v 78 
 
 Derby (Earl of) v. Bury Improvement 
 
 Commissioners 35,46,616 
 
 Derby (Earl of) Winterbotham, v. 55, 77 
 Devon (Justices of), R. v. ... ... 220 
 
 Dickens, Croydon Gas Co. v. ... 28 
 
 Dickinson, R. 136 
 
 Dimes v. Grand Junction Canal ... 90 
 
 Diplock, R. v. 11 
 
 District Sanitary Authorities v. 
 
 Aldrich 59 
 
 Dodcl v. Holmes 299 
 
 187, 190 
 
 Dodd, Law v. 70, 686 
 
 Dodd t>. St. Pancras (Vestry of) ... 60 
 Dodgson, Jacomb v. ... 204,225 
 
 Donaldson, Attorney-General v. ... 101 
 
 PAGE 
 
 Donati, Philip v 304 
 
 Dorling v. Epsom Local Board of Health 
 
 100, 104 
 Doultonv. Metropolitan Board of Works 95 
 
 Doust v. Slater 223 
 
 Dover Gas Co. v. Dover (Mayor of) 63 
 Dover (Mayor of), Dover Gas Co. v. 63 
 Dover (Mayor of), Pauling v. ... 90 
 
 Downs, Brown v. ... ... ... 27 
 
 D'Oyly, R. v 11, 14 
 
 Draper v. Sperring ... ... ... 612 
 
 Drapers' Co., Attorney-General v. ... 162 
 
 Drought, Briscoe v. 73 
 
 Degden v. Putney (Overseers of) ... 60 
 
 Duckworth v. Alison 90 
 
 Duncan v. Findlater 62 
 
 Eagle v. Charing Cross Railway Co. 77 
 East Anglian Railway Co. v. Eastern 
 
 Counties Railway Co 86 
 
 Bales v. Cumberland Blacklead Co. 23 
 
 Eales, Green v 275 
 
 Earith, Palmer v 164 
 
 Earle v. Maugham 217,306 
 
 Eastbourne (Local Board of), Stiff v. 28 
 East Dean (Overseers of) v. Everett 101 
 Eastlake, Attorney-General v. ... 86 
 
 Easto, Richards v 275,310 
 
 Easton v. Alee 6 
 
 Eastern Counties Ry. Co., Anglian Ry. 
 
 Co. v 86 
 
 Eastern Counties Ry. Co., R. v. ... 76 
 Ecclesiastical Commissioners v. Clerken- 
 
 well (Vestry of) 84,163 
 
 Eddleston, Barnes v. 225, 605, 609, 612 
 
 Eddowes. R. v 5 
 
 Edinburgh Street Tramways Co. v. 
 
 Black 600 
 
 Edgware Highway Board v. Colne 
 
 Valley Water Co 63 
 
 Edgware Highway Board v. Harrow 
 
 Gas Co 55,63 
 
 Edmundson, R. v 225 
 
 Edwards, Frank v 28 
 
 Edwards Ex parte, Marylebone Improve- 
 ment Act Re 93 
 
 Edwards . Great Eastern Ry. Co. ... 77 
 
 Edwards, Young v 124,205 
 
 Egerton, Roberts v. ... 587, 588, 595 
 
 Electric Telegraph Co., R. v. ... 53, 55 
 Electric Telegraph Co., Reuter v. ... 89 
 
 Elias v. Nightingale 617 
 
 Eliott v. Majendie 445 
 
 Ellis, Newton v 222,622 
 
 Ellis v. Wilmot 29 
 
 Ellis v. Woodbridge 63 
 
 Ellis, Wray v. ... 137, 221, 309 
 East London Ry. Co. v. Whitohurch 102 
 East London Waterworks Co., Camp- 
 bell v 91
 
 xliv 
 
 Table of Cases. 
 
 PAGE 
 
 East London Waterworks Co. v. Ley- 
 ton Sewer Authorities 105 
 
 East London Waterworks Co. . Mile 
 
 End Old Town (Overseers of) ... 105 
 
 Elwes, Bird v. 614 
 
 Empson v. Metropolitan Board of 
 
 Works 99,100,101,106 
 
 Ennis, Hodgkinson v. 78 
 
 Epsom Local Board of Health, 
 
 Dorling v 100, 104 
 
 Epsom Union (Guardians of), R. .... 33 
 
 Ernest v. Nicholls 89 
 
 Essex (Commissioners of Sewers of), 
 
 R. r 38 
 
 Estate Co , Sims, v 301 
 
 Etherington v. Wilson 10 
 
 Evans v. Bembridge 28 
 
 Evans, Chelsea (Vestry of), . ... 61 
 Everett, East Dean (Overseers of) v. 101 
 
 Everett v. Grapes 213 
 
 Evelyn v. Whichcord ... 291, 296 
 
 Exeter (Mayor of), R. v 2 
 
 Eynsham, Be 14 
 
 Farmer, Horne v 103 
 
 Farmer, Powell v 126 
 
 Fawcett, Harris v 28 
 
 Fellowes, Whitehouse v 223 
 
 Ferrand v. Bradford (Corporation 
 
 of) 92, 135 
 
 Ferrar v. London (Sewers Commis- 
 sioners of) 77, 92 
 
 Festiniog Ry. Co., Jones v 529 
 
 Filhy v. Comhe 70 
 
 Field v. Carnarvon Ry. Co 94 
 
 Fielding v. Rhyl Improvement Com- 
 missioners ... ... ... ... 125 
 
 Fields, N icholson v 24 
 
 Findlater, Duncan v. 52 
 
 Finnis, R. v 122,185 
 
 Firth v. Bowling Iron Co 645 
 
 Fisher, v. Prowse 53, 295 
 
 Fishmongers' Co., Lyon v 34 
 
 Fitch, R.v 105 
 
 Fitzgerald, Anderson 28 
 
 Fitzpatrick v. Kelly 587 
 
 Flatcherv. Foodie 5 
 
 Fletcher r. Ry lands 78 
 
 Fletcher, Skillett v 28 
 
 Flight, Metropolitan Board of 
 
 Works v 296 
 
 Flight, R. v 526 
 
 Flight v. St. George, Hanover Square 
 
 (Vestry of) 546 
 
 Flower r. Low Leighton (Local 
 
 Board of) 223 
 
 Flowers v. Raine 126 
 
 Folkestone (Corporation of), v. Wood- 
 ward 204 
 
 Forbes, Rankin r 53 
 
 PAGE 
 
 Fordham, R. v 122,185 
 
 Foreman v. Canterbury (Mayor of) 52 
 Fort William (Police Commissioners 
 
 of), v. Kennedy 204 
 
 Foster v. Oxford, &c., Ry. Co. ... 24 
 
 Foster, R. v 586,595 
 
 Fotherby v. Metropolitan Ry. Co. ... 92 
 Fowler v. Kensington (Vestry of) ... 213 
 
 Fox, Beardmore v 306 
 
 Fox, Hobbst* 70 
 
 Foxall, Phillips v 28 
 
 Francis v. Maas 588 
 
 Francomb v. Freeman 612 
 
 Frank . Edwards 28 
 
 Franklin, St. Leonard, Shoreditch, 
 
 (Guardians of) v 135,221 
 
 Freebody, Tear v. ... 14, 84, 203, 278 
 
 Freeman, Francomb, v 612 
 
 Freeman v. Read 223 
 
 Frend v. Dennett 88 
 
 Frewin v. Hastings Local Board of 
 
 Health 93 
 
 Fulham District Board v. Goodwin 187, 190 
 Fulham District Board of Works, 
 
 Sheffield v 190 
 
 Fulham District Board, Whitchurch v. 61 
 Fulham Gas Co. v. Metropolitan 
 
 Board of Works 104 
 
 Fullford, R, v 203 
 
 Gabriel v. St. James, Westminster 
 
 (Vestry of) 67 
 
 Galloway v. London (Corporation of) 93 
 
 Gamble, R. v. 38 
 
 Gardner, Crossthwaite v 90 
 
 Garnett v. Bradley ... ... 142 
 
 Garston Local Board, Waite v. ... 125 
 
 Gas Light & Coke Co., Attorney 
 
 General v 416 
 
 G*s Light & Coke Co., Holt v. ... 77 
 
 Gas Light & Coke Co. v. Mead ... 410 
 Gas Light & Coke Co. v. St. George, 
 Hanover Square (Vestry of) 72, 412 
 
 Gaskell v. Davies 643 
 
 Gay v. Cadby 71,212 
 
 Geddin v. Bourne Reservoir (Pro- 
 prietor of) 39 
 
 Gee, Attorney General v 80 
 
 Gee, R. v 616 
 
 General Sewage Co., Nuneaton Local 
 
 Board of Health v 81 
 
 General Steam Navigation Co. v. 
 
 Rolt 90 
 
 Gerring . Barker 53 
 
 Gibbs, Pybus v 28 
 
 Gibson r. Preston (Mayor of) ... 52 
 
 Gill, Davison v ... 54 
 
 Gingell, Baddeley v 60, 663 
 
 Gladwin, Richards v. 5 
 
 Glossop, R. v. 114
 
 Table of Cases. 
 
 xlv 
 
 PAGE 
 
 Gloucester, R. v 28 
 
 Gloucestershire (Justices of) R. v. ... 101 
 Glover v. North Staffordshire Ry. 
 
 Co 76 
 
 Godmanchester (Local Board of) R. v. 33 
 
 Golding, Williams v. 223 
 
 Goldsmid t>. Tunbridge Wells (Im- 
 provement Commissioners of) 80, 81 
 
 Goodchild & Lamb, R. v 103 
 
 Goodhew . Williams, 5, 9, 10, 12, 24, 
 163, 183 
 
 Gondson v. Richardson 54 
 
 Goodwin, Fulham District Board v. 36, 
 187, 190 
 Goodwin, London Brighton & South 
 
 Coast Ry. Co. v 28 
 
 Goodyear v. Weymouth (Mayor of) 89 
 Gordon v. St. James, Westminster 
 
 (Vestry of) 35,199 
 
 Goss, R. v 616 
 
 Gourley, Stevens v. 84, 126, 202, 276, 278, 
 279 
 
 Graham, Mailing Union v 28 
 
 Grand Junction Canal Co., Dimes v. 90 
 Grand Junction Canal Co. . Shugar 77, 78 
 Grantham Ry. Co., Barber v. 94, 134 
 
 Grapes, Everett v 213 
 
 Grattridge, Young v. 636 
 
 Gray v. Pulleu 52,64,194 
 
 Gray, Wheeler v 301,310 
 
 Grece n. Hunt 190 
 
 Great Eastern Ry. Co., Attorney 
 
 General v 209 
 
 Great Eastern Ry. Co., Biscoe v. ... 78 
 Great Eastern Ry. Co., Edwards v. 77 
 Great Northern Ry. Co., Hopkins v. 77 
 Great Northern Ry. Co., R. v. 94, 134 
 G. Stanmore (Nuisances Removal, 
 
 Committee of), Toinlinson v. ... 613 
 
 Great Western Ry. Co. v. Bishop 609 
 
 Great Western Ry. Co., Brine v. ... 78 
 
 Great Western Ry. Co., R. v. 98, 99, 101, 
 
 185 
 
 Great Western Ry. Co., Ranger v. 90 
 Great Western Ry. Co., Rouch v. ... 90 
 Great Yarmouth (Corporation of), 
 
 Preston v 118 
 
 Green v. Bales 275 
 
 Green, R. v 162 
 
 Greene R. v 185 
 
 Gwenhalgh, Pindlebury v 52 
 
 Greenhalgh, Taylor v 52 
 
 Greenhow v. Parker 24 
 
 Greenhow, R. v 53 
 
 Greenwich Board of Works, Bradley v. 190 
 Greenwich District Board, Nisbett 
 
 y 60,61 
 
 Greenwich (District Board of) v. 
 
 Maudsley 53 
 
 Greenwich Union, Pimlicd, &c., 
 
 Tramway Co. v 101 
 
 PAGE 
 
 Grierson v. Cheshire Lines Com- 
 mittee 92 
 
 Griffiths v. Longdon, &c., Drainage 
 
 Board 98 
 
 Grissell, Stokes 619 
 
 Guest v. Poole, &c., Ry. Co 93 
 
 Guest, Sweetman v 101,225 
 
 Guppy, Holme v 90 
 
 Hackett v. Baiss 209 
 
 Hackney District Board, R. v. ... 60 
 Hackney District Board, Attorney- 
 General v 35, 80, 223 
 
 Hague, R. v 13 
 
 Haigh v. Brierley Union (Guardians 
 
 of) 89 
 
 Haldane, Crofts v 299,301 
 
 Halifax (Corporation of), Attorney- 
 General, t> 80 
 
 Halifax (Corporation of), Wilson v... 222 
 Halifax (Mayor of), Wilson v. ... 63 
 Halifax Union v. Wheelwright ... 28 
 
 Hall v. Batley (Mayor of) 43 
 
 Hall v. Bristol (Mayor, &c., of) ... 76 
 
 Hall v. Hill 142 
 
 Hall, Nichols v 215 
 
 Hall i\ Nixon 124 
 
 Hall,R. v 2 
 
 Hull r. Taylor 27 
 
 Hall, Wandsworth District Board v. 203 
 
 Halsey, Be 95 
 
 Ham (Local Board of Health of), 
 
 Re 613,620 
 
 Hamilton v. St. George, Hanover 
 
 Square 53, 57 
 
 Hammersmith Bridge Co. t. Hammer- 
 smith (Overseers of) .. ... 104 
 Hammersmith (Overseers of), Ham- 
 mersmith Hridge Co. v 104 
 
 Hammersmith Ry. Co., Brand v. ... 77 
 Hammond v. St. Pancras (Vestry 
 
 of) 35,39 
 
 Hampton, R. v 10 
 
 Hamston, Stafford . 100 
 
 Hanuay, R. t> 134,225 
 
 Hanson, Caudwell v 292,296 
 
 Harden, R. v 615 
 
 Harding, Higgins v 60 
 
 Harding, Mayer v 29,96 
 
 Hardwick v. Brown 23 
 
 Hardwick, Kidderminster (Mayor 
 
 of) 89 
 
 Hargreaves . Taylor 40 
 
 Harring t. Stockton 635 
 
 Harri- v. Fawcett 28 
 
 Harris, Hunt v 296 
 
 Harris, Morish v 126 
 
 Harrison v. Leaper ... ... ... 527 
 
 Harrold, R. v 10
 
 xlvi 
 
 Table of Cases. 
 
 PAGE 
 
 Harrow Gas Co., Edgeware Highway 
 
 Board v 55,63 
 
 Hartnell v. Ryde Improvement Com- 
 missioners 52 
 
 Harvey v. Bethnal Green (Vestry of) 53 
 
 Har wood, Blunt v 17,23 
 
 Hastings Local Board of Health, 
 
 Frewin v 93 
 
 Hattersley v. Burr 124 
 
 Ha we, Attree v 248 
 
 Hawker, Mill v 53 
 
 Hawkiugs v. Newman ... ... 27 
 
 Hawthorn v. Newcastle Ey. Co. ... 90 
 
 Hay les's Estate, Re 162 
 
 Hayne, Re , ... 94 
 
 Haynes, R. v 586 
 
 Hay ward v. Lowndes 192 
 
 Head and Metropolitan Board of 
 
 Works, Imperial Gas Light Co. v. 104 
 
 Hedger, R. 11 
 
 Hely v. Todmorden Local Board of 
 
 Health 78 
 
 Hernans, Lambe v 306 
 
 Henderson v. Sherborne 24 
 
 Hendon (Guardians of) v. Bowles ... 612 
 Henley, Lyme Regis (Mayor of) v. 34, 38 
 Herne Bay (Commissioners of), Webb 
 
 v 24 
 
 Herring v. Metropolitan Board of 
 
 Works 77 
 
 Hertford Union v. Kempton ... 615 
 Hesketh v. Athertou Local Board of 
 
 Health 60 
 
 Higgins v. Harding ... ... ... 60 
 
 Higgius v. North wich Union 225, 613 
 
 Higgs, St. Katherine Dock Co. v. ... 100 
 
 Hill v. Hall 142 
 
 Hill, Ex parte, Roberts, Re 410 
 
 Hill, Thompson v 229 
 
 Hill, Wanstead Local Board v. ... 364 
 Hildreth v. Adamson ... 66, 199 
 
 Hillcoat, Delane 23 
 
 Hindley (Local Board of), White v. 52 
 
 Hirst, Poulsmu v 222 
 
 Hitchman, Hoyle v 586 
 
 Hoare v. Metropolitan Board of 
 
 Works 350 
 
 Hobbs. Fox 70 
 
 Hobbs, Ward 215 
 
 Hodgkinson v. Ennis ... ... 78 
 
 Hodsoll, Loveridge v. 663 
 
 Hodson, Liverpool New Cattle Mar- 
 ket Co. v 364 
 
 Holboru Union (Guardians of) v. St. 
 
 Leonard, Shoreditch 52, 70 
 
 Holbrook, Arnold v 53 
 
 Holden v. Liverpool Gas Co. ... 78 
 
 Hole v. Milton (Commissioners of) ... 6 
 
 Hole v. Sittingbourne Ry. Co. ... 194 
 
 Holland v. Nantwich Highway Board 222 
 
 Holland (Lady) v. Kensington Vestry 61 
 
 Holliday v. St. Leonard, Shore- 
 ditch 
 
 Holme. Guppy 
 
 Holmes, Dodd 
 
 Holt v. Gaslight and Coke Co. ... 
 
 Holt v. Rochdale (Mayor of) ... 
 
 Homersham v. Wolverhampton 
 Waterworks Co 
 
 Hopkins v. Birmingham Gas Light 
 Co 
 
 Hopkins v. Great Northern Ry, Co. 
 
 Hopley, Rook 
 
 Hopw'ood, Bradford Local Board v. 
 
 Hore, Muir v. ... ... ... 
 
 Homer. Farmer 
 
 Horner, Walker v 
 
 Hornsby v. St. Luke, Chelsea ... 
 
 Horridge v. Wilson 
 
 Horsley, Re, Orde, Ex parte ... 14 
 
 How, R. v 11 
 
 Howell . London Dock Co. ... 98 
 
 Howes . Turner 8 
 
 Hoyle v. Hitchman 586 
 
 Huckle . Piper 6 
 
 Huggins . Ward 215 
 
 Hughes v. Chatham (Overseers of) 2 
 
 Huline, R. 5 
 
 Humphries v. Cousins 645 
 
 Hungerford Market Co., R. . 92, 297 
 
 Hunt, Grece v 190 
 
 Hunt v. Harris 296 
 
 Hunt, Oldacre 80 
 
 Hunt r. Wimbledon Local Board ... 89 
 
 Hurst, Roberts 54 
 
 Huskinson, Poole v 53 
 
 Hyam v. Webster 
 
 64,182,209 
 
 Imperial Gas Co., Broadbent v. 76, 78 
 Imperial Gas Light Co., r. Head and 
 
 Metropolitan Board of Works ... 104 
 Imperial Mercantile Credit Associa- 
 tion v. Coleman ... ... ... 24 
 
 Imray, Vaughan v. ... ... 7,163 
 
 Ingham, R. v. ... 55,114,281,696 
 
 Ingoldby, Plumstead Board of 
 
 Works 61,648 
 
 Ipswich Local Board, Cook v. ... 61 
 
 Iron Ship, &c., Co. . Blunt 23 
 
 Isle of Wight Ferry Co. v. Ryde 
 
 Commissioners 607 
 
 Islington, R. v 10,163 
 
 Islington (Vestry of), . Barrett ... 60 
 Islington Vestry, London (School 
 
 Board of) 60 
 
 Islington Vestry, North London Ry. 
 
 Co. 60 
 
 Itchin Bridge Co. . Southampton 
 
 Local Board . 224
 
 Table of Cases. 
 
 xlvii 
 
 Jacomb v. Dodgson 
 
 Jacobs, Newington (Vestry of) . 
 James, Core v. 
 James, Paul v. ... 
 
 Jamieson, Bailey v. ... 
 
 Jay, R. v 
 
 Jeffrey, Body v 
 
 Johnson v. Colam 
 
 Johnson, Bermondsey (Vestry of ) 
 
 Johnson, Curling v. ... 
 
 Johnson, New River Co. v. ... 
 
 Joliffe v. Wallasey Local Board 
 
 Jones, R. v. ... 
 
 Jones v. Bird 
 
 Jones v. Cook 
 
 Jones v. Festiniog By. Co. ... 
 
 Jones, Bobbins v. 
 
 Jones v. St. John's College, Oxford 
 
 Judge, Selrnes v 
 
 r. 
 
 PAGE 
 204, 225 
 ... 53 
 ... 558 
 138, 663 
 ... 53 
 ... 277 
 ... 525 
 ... 215 
 204, 
 224 
 663 
 76,78 
 222 
 25 
 78 
 425 
 529 
 53 
 90 
 
 Kay, Woolley tf 24 
 
 Keane v. Reynolds 55 
 
 Kelly, Fitzpatrick v 587 
 
 Kemp v. London & Brighton Ry. Co. 93 
 Kempton, Hertford Union v. ... 615 
 Kennedy, Fort William (Police Com- 
 missioners of ) v 204 
 
 Kenneth, He, Middleton, Exparte ... 12 
 Kensington (Trustees of), R. v. ... 3 
 Kensington (Vestry of), Fowler v. ... 213 
 Kensington Ves'ry, Lady Holland v. 61 
 Kensington (Vestry of), Sooby v. ... 25 
 Kerr v. Preston (Corporation of) 203, 204 
 Kidderminster (Mayor of), v. Hard- 
 wick 89 
 
 King, Chelsea (Vestry of) v. 201, 213, 694 
 Kingston-npon-Hull Local Board, 
 
 Pearsons 124 
 
 Kingston-upon-Hull (Mayor of), 
 
 Wells v 89 
 
 Kingston-on-Thames (Corporation of), 
 
 Attorney-General v. 80 
 
 Kirk v. Bromley Union 89 
 
 Kitchener, R. v 529 
 
 Knight, Poplar District Board v. 32, 39, 41, 
 126, 198 
 
 Knight v. Pursell 275,303 
 
 Knight, Webb v 587 
 
 Labalmondiere v. Addison 296 
 
 Labalmondiere, Mourilyan v. ... 296 
 
 Labalmondiere v. Prest 296 
 
 Lade (Sir John) r. Shepherd ... 54 
 
 Lake v. Butler 619 
 
 Lakeman, Mountstephen v 89 
 
 Lambe v. Hemans 306 
 
 Lambeth (Vestry of), R. v. 11, 48, 165 
 
 Lamprell v. Billericay (Guardinns of) 89 
 
 Lancaster Canal Co., Parnaby v. ... 52 
 
 Lankester, Le Feuvre v 
 
 Lapworth, Thompson v. 
 
 Law, Bowes v. 
 
 Law v. Dodd 
 
 Le Feuvre v. Lankester 
 
 PAGE 
 
 24 
 
 61, 217 
 
 126 
 
 70, 686 
 
 24 
 
 Le Neve v. Mile End Old Town (Vestry of) 
 
 53, 67, 144 
 
 Lea Conservancy Board, Marchant v. 129 
 Leadbetter, Southall v ....... 306 
 
 Leamington, Ex parts ,.. ... 652 
 
 Leaper, Harrison v .......... 627 
 
 Lee, Baker v. ......... 10 
 
 Lee, Metropolitan Board of Works v. 296 
 Lee, Redgrove v .......... 126 
 
 Lee, Wakefield Local Board of 
 
 Healths ............. 60 
 
 Lee, Ward v. ........ 78 
 
 Leeds (Mayor of), Attorney-Gene- 
 
 ral v ............. 80 
 
 Leeds (Mayor of), R. v ....... 8 
 
 Leeds (Corporation of), Beckett y. ... 54 
 
 Legg, Scott v ...... 285,309 
 
 Leigh, R. . ......... 38 
 
 Lepine, R. w. ......... 55 
 
 Lester, Triggs v .......... 55 
 
 Lewis, Caballero v .......... 91 
 
 Lewis v. Carr ......... 24 
 
 Lewis, St. Luke, Middlesex (Vestry 
 
 of)t> ............. 44 
 
 Lewisham District Board, Cator v. 35, 80, 
 616 
 Leyton Sewer Authorities, East Lon- 
 
 don Waterworks Co. v ....... 105 
 
 Lichfield (Mayor, &c. of) v. Simpson 29 
 Lichfield (Overseers of), Moss v. ... 5 
 
 Lilly white w. Trimmer ...... 80 
 
 Limehouse District Board of Works, 
 
 London & Blackwall Ry. Co. v. 64, 142, 
 
 277 
 
 Linford, R.w ........ 122,185 
 
 Lister v. Lobley ......... 76 
 
 Littler '. Rhyl Improvement Commis- 
 
 sioners ............ 94 
 
 Liverpool (Corporation of) Exparte 613, 
 614 
 
 Liverpool (Corporation of), Scott v. 90 
 Liverpool (Corporation of), Steele v. 92 
 Liverpool Gas Co., Holden t>. ... 78 
 
 Liverpool (Mayor of), Wilmer v. ... 86 
 
 Liverpool New Cattle Market Co. v. 
 
 Hodson ............ 364 
 
 Livesey, R.u. ......... 60 
 
 Livingston v. Ralli ...... 90 
 
 Llanfillo (Justices of), R. . ... 285 
 
 Lobley, Lister v .......... 76 
 
 Local Government Board, R. v. ... 48 
 
 Lofthouse, R. v .......... 11 
 
 London (Commissioners of Sewers of), 
 
 Ferrari? .......... 77,92 
 
 London (Commissioners of Sewers of) 
 
 v. Metropolitan Board of Works ... 173
 
 xlviii 
 
 Table of Cases. 
 
 PAGE 
 London (Commissioners of Sewers of 
 
 City of), R. v 69 
 
 London (Corporation of), Biggs f. ... 77 
 London (Corporation of), Chilton v. 350 
 London (Corporation of), Galloway v. 93 
 London (Lord Mayor of), Abrahams v. 94 
 London (Lord Mayor of), Brown v. 50 
 London (Lord Mayor of), Cranwell v. 94 
 London (Lord Mayor of), Starr v. ... 94 
 London (Lord Mayor of), Thorn v.... 89 
 London (Lord Mayor, &c. of), Tyson v. 94, 
 134 
 London (School Board of) v. Islington 
 
 Vestry 60 
 
 London & Blackwall Ry. Co. v. Lime- 
 house District Board of Works 64, 142, 
 277 
 
 London & Blackwall Ry. Co., Pinchin v. 91 
 London & Blackwall Ry. Co., War- 
 burton v 299 
 
 London, Brighton & South Coast Ry. 
 
 Co. v. Goodwin 28 
 
 London & Brighton Ry. Co., Kemp v. 93 
 London, Brighton & South Coast Ry. 
 
 Co., Stoneham v 93 
 
 London, Chatham & Dover Ry. Co., 
 
 Martini' 94 
 
 London, Chatham & Dover Ry. Co. 
 v. Wands worth District Board of 
 
 Works 52 
 
 London & North Western Ry. Co., 
 
 Aspinallv 90 
 
 London & North Western Ry. Co., 
 
 Crofts v 77, 135 
 
 London & North Western Ry. Co., 
 
 R. v 134,142 
 
 London & North Western Ry. Co., 
 
 Walker v 90 
 
 London & South Western Ry. Co., 
 
 Wands worth Board of Works v. ...32, 54 
 London Dock Co., Howell v. . . . 98, 101 
 
 London Dock Co., R. v 76 
 
 London Dock Co. v. Sinnott 89, 90 
 
 London Street Tramways Co., Mur- 
 doch v 505,516 
 
 Longdou, &c., Drainage Board, Grif- 
 fiths r 98 
 
 Longton Gas Co., R. v 55, 63 
 
 Love, Poplar District Board v. ... 61 
 
 Loveridge v. Hodsoll 663 
 
 Loviboud, R. v 204 
 
 Low Leighton (Local Board of), 
 
 Flower v 223 
 
 Lowndes, Hay ward v. 192 
 
 Lowndes. Ringland v. 134 
 
 Lowndes, Tunstall Turnpike Roads 
 
 (Trustees of ) v 39 
 
 Lowndes, Ward v 118 
 
 Ludbrook . Barrett 90 
 
 Ludlow (Mayor of ) . Charlton ... 89 
 Luscomb v, Plymouth Local Board,.. 104 
 
 PAGE 
 
 Luton Board of Health, Attorney- 
 General v 80 
 
 Luton Local Board of Health v. 
 
 Davies 100, 101 
 
 Lyon v. Fishmongers' Co 34 
 
 Lyme Regis (Mayor of) v. Henley... 34, 38 
 Lyndon v. Standbridge 70 
 
 Maas, Francis v 588 
 
 Macey v. Metropolitan Board of 
 
 Works 76,92 
 
 Macgill, R. v 13 
 
 Maddams, West Ham Local Board v. 62, 
 190 
 
 Main war ing, Proctor i' 24 
 
 Majendie, Eliott v 445 
 
 Major v. Park Lane Co. ... 299, 300 
 Mallam v. Oxford (Guardians of Poor 
 
 of) 27 
 
 Mailing Union v. Graham 28 
 
 Manchester (Corp. of), Cheetham v. 298 
 Manchester, &c. Ry. Co., Ramsdeu v. 92 
 Marchant v. Lea Conservancy Board 129 
 Margate ( Borough of ), Margate Pier 
 
 Co. v 612 
 
 Margate Pier Co. v. Margate (Borough 
 
 of) 612 
 
 Marsh, Bakers 6 
 
 Marshall v. Smith 125,204 
 
 Marsland, Nichols v 78 
 
 Martin, Ex parte 81 
 
 Martin v. London, Chatham & Dover 
 
 Ry. Co 94 
 
 Martin, R. t> 29 
 
 Marylebone (Vestry of), Baker v. ... 77 
 Marylebone (Vestry of), Birch v. ... 92 
 Marylebone Improvement Act, Re, Ed- 
 
 wards, Ex parte 93 
 
 Mason v. Bibby 144 
 
 Mason v. Birkenhead Improvement 
 
 Commissioners ... ... ... 223 
 
 Mason v. Stokes Bay Pier Co. ... 93 
 
 Masters v. Pontypoo'l Local Board 42, 84, 
 204 
 
 Masters, H. v 181 
 
 Masters v. Scroggs 100 
 
 Maudslay, Greenwich (District Board 
 
 of)r 53 
 
 Maugham, Earle v 217,306 
 
 Maund, Campbell v 11 
 
 Mawley v. Barbett 14 
 
 Mayer v. Harding ... ... ... 29 
 
 McBryde, Ex parte 301 
 
 McCann.R.* 102 
 
 McCarthy, Metropolitan Board of 
 
 Works v 76 
 
 McCarthy, R. v 586 
 
 McElroy, Tharsis Sulphur & Copper 
 
 Co. v 90 
 
 Mclntosh v. Midland Counties Ry. Co. 90
 
 Table of Cases. 
 
 xlix 
 
 i* PAGE 
 
 McKinnon v. Simon 51 
 
 McMath, Wilson v 14 
 
 McLeod, Davidson v. ... 587,598 
 
 Mead, Gas Light & Coke Co. v. ... 410 
 Medlock (Overseers of), R. v. 121, 184 
 Meek v. Whitechapel Board of Works 79 
 
 Mellish, Ex parte 27 
 
 Mercer v, Woodgate 53 
 
 Merceron.tfe 705,707 
 
 Mersey Docks Co. v. Penhallow ... 52 
 Metropolitan Board of Works, 
 
 Attorney General v 79 
 
 Metropolitan Board of Works, 
 
 Balls v 133, 134 
 
 Metropolitan Board of Works, 
 
 Binneyv 95, 134 
 
 Metropolitan Board of Works, 
 
 Branilen v 78 
 
 Metropolitan Board of Works, 
 
 Brownlow, v. ... ... 75, 78 
 
 Metropolitan Board of Works, 
 
 Buccleuch (Duke of) v, 77, 134 
 
 Metropolitan Board of Works r. 
 
 Clewer 219 
 
 Metropolitan Board of Works, Daw v. 83, 
 141, 210, 212 
 Metropolitan Board of Works, 
 
 Delany v 223 
 
 Metropolitan Board of Works, 
 
 Doulton 95 
 
 Metropolitan Board of Works, 
 
 Empson v 99, 100, 101, 106 
 
 Metropolitan Board of Works v, 
 
 Flight 296 
 
 Metropolitan Board of Works, 
 
 Fulham Gas Co. v 104 
 
 Metropolitan Board of Works, 
 
 Herring v 77 
 
 Metropolitan Board of Works, 
 
 Hoare v 350 
 
 Metropolitan Board of Works, 
 
 v. Lee 296 
 
 Metropolitan Board of Works and 
 
 Lewisham District Board, Stainton 
 
 v 46 
 
 Metropolitan Board of Works, London 
 
 (Commissioners of Sewers of) v. ... 173 
 Metropolitan Board of Works 
 
 . v. McCarthy 76 
 
 Metropolitan Board of Works, 
 
 Macey v 76, 92 
 
 Metropolitan Board of Works v. 
 
 Metropolitan Ry. Co. ... 73,199 
 Metropolitan Board of Works, North 
 
 London Ry. Co. v. ... 75, 76, 183 
 Metropolitan Board of Works v. New- 
 River Co 66, 91 
 
 Metropolitan Board of Works, 
 
 Pettiward v. 25, 62, 76, 78, 88, 113 
 
 Metropolitan Board of Works, Pew v. 104, 
 
 113, 168 
 
 PAGE 
 
 Metropolitan Board of Works, R. v. 76, 
 
 77, 78, 101, 130, 136 
 Metropolitan Board of Works, 
 
 Reddinu 93 
 
 Metropolitan Board of Works v. Sant 95 
 Metropolitan Board of Works, 
 
 Stebbingv. 94 
 
 Metropolitan Board of Works, 
 
 Strattonw 103 
 
 Metropolitan Board of Works, 
 
 Syers v 94, 134 
 
 Metropolitan Board of Works, 
 
 Taylor v 219 
 
 Metropolitan Board of Works, 
 
 Telfordu 349 
 
 Metropolitan Board of Works, 
 
 Temple Pier Co. t> 92 
 
 Metropolitan Board of Works, Tulk, v. 357 
 Metropolitan Board of Works v. 
 
 Vauxhall Bridge Co 87, 
 
 100, 101, 104 
 Metropolitan Board of Works v. 
 
 West Ham 101 
 
 Metropolitan Board of Works, 
 
 Wheeler v 102 
 
 Metropolitan Board of Works, 
 
 Wyattw 107, 420 
 
 Metropolitan Commissioners of Sewers, 
 
 Cornwall u. 63 
 
 Metropolitan Commissioners of Sewers, 
 
 R.t> 94, 134 
 
 Metropolitan District Ry. Co., R. v. . . . 102 
 Metropolitan Police (Receiver of) v. 
 
 Bell 137, 221, 309 
 
 Metropolitan Police (Receiver of), 
 
 n.v 129 
 
 Metropolitan Ry. Co., Fotherhy v. ... 92 
 
 Metropolitan Ry. Co., Horrocks v. 94, 134 
 Metropolitan Ry, Co., Metropolitan 
 
 Board of Works v. ... 73,199 
 
 Metropolitan Ry. Co., Morgan v. ... 92 
 
 Metropolitan Ry. Co., R. r 94 
 
 Metropolitan Ry. Co., Rawlinsu. ... 94 
 
 Metropolitan Ry. Co., Senior v. ... 77 
 
 Metropolitan Ry. Co., Steele v. ... 86 
 
 Metti's Estate, Re 94 
 
 Meyer v. Harding 96 
 
 Meyer v. Burslern 25 
 
 Meyer, R. t> 635 
 
 Middle Level Commissioners, Col- 
 lins v 78 
 
 Middlesex (Justices of), R. v. 616, 621 
 Middleton, Ex parte , Kenneth, Re... 12 
 Middleton (Nuisances Removal Com- 
 mittee of), R. v 614, 616 
 
 Midland Counties Ry. Co., Cox v. ... 90 
 Midland Counties Ry. Co., M'Intosh 
 
 v 90 
 
 Midland Ry. Co., Beckett v. ... 76 
 
 Midland Ry. Co., R. v. ... 77, 105 
 Midland Ry. Co., Rickett v. 76, 77
 
 Table of Cases. 
 
 PAGE 
 
 Mile End Old Town (Overseers of), 
 
 East London Waterworks Co. v. ... 105 
 Mile End Old Town (Vestry of), Le 
 
 Nevew 53,67,144 
 
 Mile End (Vestry of) v. Whitechapel 
 
 Union (Guardians of) 61 
 
 Miles, Bouverie v 663,696 
 
 Mill v. Hawker 53 
 
 Mills v. Scott 215 
 
 Milton (Commissioners of), Hole v. 6 
 Milton (Commissioners of) Walton v. 6 
 
 Milward v. Caffin 100 
 
 Montagu, Cook v. ... 611,644,648 
 
 Moore v. Clarke 299,306 
 
 Morant v. Taylor ... 204, 224, 308 
 
 Morgan, Bradbury v 28 
 
 Morgan v. Metropolitan Ry. Co. ... 92 
 
 Morish . Harris 126 
 
 Morland v. Cook 38 
 
 Morris, Cullen v 9 
 
 Mortimer v. South Wales Ry. Co. ... 94 
 Moss v. Lichfield (Overseers of) ... 5 
 Mosside Local Board, Worthington v. 61 
 
 Moudetu. Cole 619 
 
 Mountstephen v. Lakeman ... ... 89 
 
 Mourilyan v. Labalmondiere . . . 296 
 
 Muir v. Hore 215 
 
 Mullins r. Collins 587 
 
 Murdochs. London Street Tramways 
 
 Co. 505, 516 
 
 Mutual, &c., Ch. Association, Attor- 
 ney-General v 6 
 
 Nantwich Highway Board, Holland r. 222 
 National Guardian Assurance Society, 
 
 Towle v 28 
 
 Neate, Thornhill v 90 
 
 Neath (Overseers of), R. v 105 
 
 Neath, &c., Ry. Co., In re 94 
 
 Neath, &c., Ry. Co., Ystalyfera Iron 
 
 Co. v 93 
 
 Nelson, Stracey v 32 
 
 Netherton v. Ward 101 
 
 New Quay Local Board, Cardell v.... 364 
 New River Co., Metropolitan Board 
 
 of Works v 66, 91 
 
 New River Co. v. Johnson ... 76,78 
 
 Newby v. Sharpe 457 
 
 Newcastle (Duke of), and others v. 
 
 Clarke 32 
 
 Newcastle Ry. Co., Hawthorn v. ... 90 
 
 Newington (Vestry of) v. Jacobs ... 53 
 
 Newman v. Baker 285 
 
 Newman, Hawkings v 27 
 
 Newman, R.u 101 
 
 Newport Board of Health, R. v. ... 61 
 Newport Dock Co. v. Newport Dock 
 
 Local Board 105 
 
 Newport Dock Local Board, Newport 
 
 Dock Co, D 105 
 
 PAGE 
 
 Newton p. Ellis 222,622 
 
 Nicholls, Ernest v 89 
 
 Nicholls . Hall 215 
 
 Nichols v. Marsland 78 
 
 Nicholson v. Bradfield Union ... 89 
 
 Nicholson v. Fields 24 
 
 Nightingale, Elias v 617 
 
 Nisbett v. Greenwich District Board 60, 61 
 
 Nixon, Hall v 124 
 
 Norfolk (Commissioners of Sewers of), 
 
 R. v 85 
 
 Norfolk (Justices of), R. r. ... 29, 96 
 
 Norris v. Barnes 643 
 
 North, Bright v 85 
 
 North Brancepeth Coal Co., Salvin v. 644 
 North Kent Ry. Co. v. Badger ... 277 
 North London Ry. Co. v. Islington 
 
 Vestry 60 
 
 North London Ry. Co. v. Metropo- 
 litan Board of Works ... 75, 76, 183 
 North Metropolitan Tramway Co., 
 
 St. Luke (Vestry of) v. ... 64, 504, 505 
 North Stafford Ry. Co., Glover v. ... 76 
 North Staffordshire Ry. Co. v. Tun- 
 stall Local Board of Health ... 83 
 Northbrook (Earl of) v. Plumstead 
 
 Board of Works 60,61 
 
 Northwich Local Board, Burgess v... 135 
 Northwich Union, Higgins v. 225, 613 
 Norton v. Salisbury (Town Clerk of) . 22 
 Norwich (Mayor, &c., of), Sutton v. 32, 39 
 81, 144 
 
 Nottingham Waterworks Co., R. v... 77 
 Nowell v. Worcester (Mayor of) ... 89 
 Nuneaton Local Board of Health v. 
 General Sewage Co 81 
 
 Ody, Wells v 299 
 
 Oldacre v. Hunt 80 
 
 Ogilvy, Caledonian Ry. Co. v. 76, 77 
 
 Ohrby v. Ryde Commissioners ... 52 
 Oldham (Corporation of), Taylor v. 32, 55 
 Orde, Ex parte, Horsley, Re ... 14 
 
 Oswald v. Berwick-on-Tweed (Mayor 
 
 of) 28 
 
 Oxford (Guardians of Poor of), Mai- 
 lam v 27 
 
 Oxford, &c., Ry. Co., Poster v. ... 24 
 Oxford, &c., Ry. Co., Woodcock v. ... 90 
 Ouse Bank Commissioners, R. p. ... 38 
 Paddington, (Overseers of,) Ex parte 2 
 Paddington (Vestry of), Angell v. 60, 204 
 Paddington (Vestry of), Clarke v. 41, 42 
 187 
 
 Paddington (Vestry of), Collins v. ... 71 
 Paddington Vestry, Sawyer v. ... 190 
 Pagham (Commissioners of), R. v. ... 38 
 
 Paine v. Strand Union 89 
 
 Palmer v. Erith 164 
 
 Park Lane Co., Major v. ... 299, 300
 
 Table of Cases. 
 
 11 
 
 PAGE 
 
 Parker, Greenhow v. 24 
 
 Parkinson, R. v 10 
 
 Parnaby v. Lancaster Canal Co. ... 52 
 Parry v. Croydon Gas and Coke Co. 617 
 
 Parsons, Ex parte 34,187 
 
 Parsons v. Bethnal Green (Vestry of) 51 
 Pashby v. Birmingham (Mayor of)... 90 
 
 Pashler v. Stevenhill 587 
 
 Paul v. James 138,663 
 
 Pauling v. Dover (Mayor of) ... 90 
 
 Payne v. Burridge 132 
 
 Payne, Bye Union (Guardians of) v. 
 
 609, 643 
 
 Paynter, R. v. 63 
 
 Pearson, Attorney General v. ... 86 
 Pearson v. Kingstoii-upon-Hull Local 
 
 Board 124 
 
 Pearson, Whatman v 323 
 
 Peate, Bower v. ... 52, 53, 73, 299 
 Peck v. Waterloo, &.C., Local Board of 
 
 Health 144 
 
 Penhallow, Mersey Docks Co. v. ... 52 
 
 Penny, In re 76,77 
 
 Penny v. Penny ... ... ... 94 
 
 Perrett, Read v 67 
 
 Peto and others v. West Ham ... 105 
 Petti ward v. Metropolitan Board of 
 
 Works ... 25, 62, 76, 78, 88, 113 
 Pew v. Metropolitan Board of Works 
 
 104,113,168 
 
 Philips v. Donati 304 
 
 Phillips, Cowenr 296 
 
 Phillips v. Foxall 28 
 
 Pickard v. Smith 52,194 
 
 Piggott, Barton v 122,185 
 
 Pilkington, York (Mayor of) v. ... 204 
 Pimlico By. Co., Bead v. ... 78, 
 
 134, 135 
 Pimlico, &c., By. Co. v. Greenwich 
 
 Union 101 
 
 Pinchin r. London and Blackwall 
 
 By. Co 91 
 
 Pindlebury v. Greenhalgh 52 
 
 Piper, Huckle v 6 
 
 Plumstead Board of Works v. British 
 
 Land Co 61 
 
 Plumstead District (Board of Works 
 
 for) v. Commissioners of Sewers ...37,98 
 Plumstead Board of Works v. In- 
 
 goldsby 61,648 
 
 Plumstead Board of Works, North- 
 brook (Lord) v 60, 61 
 
 Plumstead Board of Works, Pound v. 60 
 Plymouth Local Board, Luscomb v. 104 
 
 Ponsford, B. v 301 
 
 Pontypool Local Board, Masters v. 42, 84, 
 204 
 
 Poole v. Huskinson 53 
 
 Poole, &c., Ry. Co., Guest v. ... 93 
 Poor Law Board, R. v. ... 27, 129 
 Pope a, Searle 588 
 
 PAGE 
 
 Poplar District Board . Knight 32, 39, 
 41, 126, 198 
 
 Poplar District Board v. Love ... 61 
 Portsea Island Union (Guardians of) 
 
 v. Whillier 28 
 
 Portsmouth (Mayor of), Baker v. ... 125 
 
 Poulsmn v. Thirst 222 
 
 Pound v. Plumstead Board of Works 60 
 
 Powell v. Farmer 126 
 
 Powell v. Boraston 126 
 
 Powell TL.v 14 
 
 Power v. Wigmore ... 291, 292, 309 
 
 Poynder, R. i>. 2 
 
 Pratt, R. a 696 
 
 Prest, Labalmondiere v 296 
 
 Preston v. Great Yarmouth (Corpora- 
 tion of ) 118 
 
 Preston (Corporation of), Kerr v. 203, 204 
 Preston (Mayor of), Gibson v. ... 52 
 
 Proctor v. Main waring 24 
 
 Prowse, Fisher v 53,295 
 
 Pudsey Gas Co. v. Bradford (Corpora- 
 tion of) 63 
 
 Pullen, Grayv 52,64,194 
 
 Pursell, Knight v 275,303 
 
 Putney (Overseers of) Dryden v. ... 60 
 Pybus v. Gibbs 28 
 
 Quinton . Bristol (Corporation of) 93 
 
 Raine, Flowers v 126 
 
 Ralli, Livingston .. 90 
 
 Ramsden v. Manchester &c. Ry. Co. 92 
 
 Ramsey, Bermondsey (Vestry of) v. 61, 
 
 217, 648 
 
 Rand, R. v 635 
 
 Ranger v. Great Western Ry. Co. ... 90 
 
 Rankin v. Forbes 53 
 
 Ratcliffe, Crossdillu 55 
 
 Rawlins v. Metropolitan Ry. Co. ... 94 
 
 Readw.Coker 223,622 
 
 Rad, Freeman v 223 
 
 Read v. Perrett 67 
 
 Read v. Pimlico Ry. Co. ... 78, 94, 134 
 
 Read, R.f 185 
 
 Reading v. Barnard 304 
 
 Reddin v. Metropolitan Board of 
 
 Works 93 
 
 Redgrave v. Lee 126 
 
 Redhead, .Re 262 
 
 Regent's Canal Co., Ware v 134 
 
 R. v. Aberavon (Mayor of) 3 
 
 R. v. All Saints, Wigan (Church 
 
 wardens of ) 161 
 
 R. v. Backhouse 11 
 
 R.r. Badger 291 
 
 R. r. Baker 38,218 
 
 R. w. Barnet Rural Sanitary .'Autho- 
 rity 46,137,309
 
 Table of Cases. 
 
 PAGE 
 
 R. v. Bidwell 9 
 
 R. v. Bird 11 
 
 R. v. Boycott 2 
 
 R. v. Broughton Local Board of 
 
 Health 136 
 
 R. v. Burnett 650 
 
 R. v. Burslem Local Board 135 
 
 R. v. Cadogun (Earl) 38 
 
 R. v. Cambrian Ry. Co. ... 77, 135 
 
 R. v. Carruthers 275,314 
 
 R. v. Chantrell 621 
 
 R. v. Cheshire 637 
 
 R. v. Christ Church (Overseers of) 14, 220 
 R. v. Cockerell ... 613, 644, 653 
 
 R.v.Collins 11 
 
 R. v. Combe 134 
 
 R. v. Cooper 11 
 
 R. t>. Cotton 609,612,616 
 
 U.v. Cross 53 
 
 R. v. Cumberland (Justices of) ... 612 
 
 R. v. D'Oyly 11, 14 
 
 R. v. Dayman 54, 59, 206, 208, 285 
 
 R. v. Devon (Justices of) 220 
 
 R. v. Dickinson 136 
 
 R. v. Diplock 11 
 
 R. v. Eastern Counties Ry. Co. ... 76 
 
 R. v. Eddowes 5 
 
 R. v. Edmundson 225 
 
 R. v. Electric Telegraph Co.... 53, 55 
 
 R. v. Epsom Union (Guardians of)... 33 
 R. v. Essex (Commissioners of Sewers 
 
 of) 38 
 
 R. v. Exeter (Mayor of) 2 
 
 R. v. Finnis 122 
 
 R. v. Fitch 105 
 
 R. v. Flight 526 
 
 R. . Fordham 122, 185 
 
 R. v Foster 586, 595 
 
 R. . Fullford 203 
 
 R. v. Gamble 38 
 
 R. v. Gee 616 
 
 R. v. Glossop 114 
 
 R.U.Gloucester 28 
 
 R. v. Gloucestershire (Justices of) ... 101 
 R. v. Godnianchester (Local Board 
 
 of) 33 
 
 R. v. Goodchild and Lamb 103 
 
 R. v. Goss 616 
 
 R. v. Great Northern Ry. Co. 94, 134 
 
 R. v. Great Western Ry. Co. 98, 99, 101, 
 
 185 
 
 R. u. Green 162 
 
 R. v. Greene 185 
 
 R. v. Greenhow 53 
 
 R. v. Hackney District Board ... 60 
 
 R. v. Hall 2 
 
 R. v. Hampton 10 
 
 R. v. Hannay 134,225 
 
 R. . Harden 615 
 
 R. v. Harrold... 10 
 
 R. v. Hague 
 
 R. v. Haynes 
 
 R. v. Hedger 
 
 H.v. How 
 
 R. v. Hulme 
 
 R. v. Hungerford Market Co. 
 R. v. Islington 
 
 FAGE 
 ... 13 
 
 ... 586 
 ... 11 
 ... 11 
 5 
 
 92, 297 
 10, 163 
 
 R. v. Ingham 53, 114, 284 
 
 R. v. Jay 277 
 
 R. v. Jones ... ... ... ... 25 
 
 R. v. Kensington (Trustees of) ... 3 
 
 R. v. Kitchener 529 
 
 R. v. Lambeth (Churchwardens of) 11, 
 48, 165 
 
 R. v Leeds (iMayor of) 8 
 
 R. r. Leigh 38 
 
 R. v. Lepine 55 
 
 R. v. Linford 122, 185 
 
 R.j>. Livesey 60 
 
 R. v. Llanfillo (Justices of ) 285 
 
 R. v. Local Government Board ... 48 
 
 R. v. Lofthouse 11 
 
 R. v. London (Commissioners of 
 
 Sewers of City of) 69 
 
 R. v. London Dock Co 76 
 
 R. v. London & North Western Ry. 
 
 Co 134,142 
 
 R. v. Longton Gas Co. ... 55, 63 
 
 R. v. Lovibond 204 
 
 R. v. M'Cann 102 
 
 R.v. M'Carty 586 
 
 R. v. Macgill 13 
 
 R. v. Martin 29 
 
 R. v. Masters 184 
 
 R. v. Medlock (Overseers of) 121, 184 
 R. v. Metropolitan Board of Works 76, 77, 
 78, 101, 130, 136 
 R. r. Metropolitan Commissioners of 
 
 Sewers 94,134 
 
 R. v. Metropolitan District Ry. Co... 102 
 
 R. v. Metropolitan Ry. Co 94 
 
 R. v. Metropolitan Police (Receiver 
 
 of) 129 
 
 R. v. Meyer 635 
 
 R. v. Midland Ry. Co. ... 77, 105 
 R. v. Middleton (Nuisances Removal 
 
 Committe of) 614,616 
 
 R. v. Middlesex (Justices of) 616, 621 
 
 It. v. Neath (Overseers of) 105 
 
 R. v. Newman 101 
 
 R. i?. Newport Board of Health ... 61 
 R. v. Norfolk (Commissioners of 
 
 Sewers of) 85 
 
 R. v. Norfolk (Justices of) ... 29, 96 
 
 R. v. Nottingham Waterworks Co.... 77 
 R. v. Ouse Bank Commissioners ... 38 
 R. v. Pagham (Commissioners of) ... 38 
 
 R. v. Parkinson 10 
 
 R. v. Paynter 63 
 
 R. *. Ponsford . 301
 
 Table of Cases. 
 
 PAGE 
 
 R. v. Poor Law Board ... 27,129 
 K.v.Powell ........... 16 
 
 R. v. Poynder ........ 2 
 
 E.p.Pratt ........... 696 
 
 11. v. Rand ........... 635 
 
 It. . Read ........... 185 
 
 K. v. Rendle ........... 7,163 
 
 R. v. Rippon ........... 8 
 
 R. v. Ryde (Mayor of) ..... 25 
 
 R. v. St. Alban's Rural Sanitary Au 
 
 thority ............ 46 
 
 R. v. St. George's Union ...... 6 
 
 R. v. St. George, Hanover Square 
 
 (Vestry of) ......... 112,139 
 
 R. v. St. James, Westminster (Go- 
 
 vernors of Poor of ) ... ... 122 
 
 R. v. St. Leonard, Shoreditch (Vestry 
 
 of) ............... 69 
 
 R, v. St. Luke, Chelsea (Vestry or) 
 
 33, 187, 76, 77 
 
 R. v. St. Mary, Islington (Vestry of) 71 
 R. v. St. Mary, Lambeth (Church- 
 
 wardens of) ...... 6,71,165 
 
 R. v. St. Marylebone ......... 2 
 
 R. v. St. Pancras ......... 2,11 
 
 R. v. St. Pancras Assessment Com- 
 
 mittee ............ 105 
 
 R. v. St. Pancras (Directors of Poor 
 
 of) ............ 122,162 
 
 R. v. St. Pancras (Church Trustees 
 
 of) ............... 121 
 
 R. v. St. Pancras (Inspectors of Votes 
 
 of) ............... 
 
 R. v. St. Paul ......... 
 
 R. v. Saddler's Co .......... 
 
 11. v. Salop (Justices of) 
 
 R. v. Severn and Wye Ry. Co. 
 
 R. v. Sheffield (Mayor of) 
 
 R. v. Southerton 
 
 R. v. Spurrell 
 
 R. o.Stephen 
 
 R. v. Stone ......... 
 
 R. v. Strand District Board. . . 
 
 R. v. Street 
 
 R. v. Stretfield ...... 
 
 12 
 53 
 23 
 17 
 53 
 86 
 586 
 2 
 
 126 
 94,134 
 99, 121 
 184 
 48,112 
 .. 10 
 .. 86 
 616 
 101 
 
 R, v. Tewkesbury (Mayor of) ... 
 R. v. Tamworth (Mayor of) ... 
 
 R. v. Tatham ............ 
 
 R. v. Tompkins ... ...... 
 
 R. v. Tower Hamlets (Commissioners 
 
 of Sewers of) ......... 100 
 
 R. . Tower Hill (Trustees of) 48, 146 
 R. v. Train ............ 55,56 
 
 R. v. Vantandillo ......... 650 
 
 R. v. Vauu'han ......... 78 
 
 R. v. Vauxhall Waterworks Co. . 105 
 
 H.v. Walker ............ 82 
 
 R. v. Wallasey Local Board of Health 77 
 
 R. v. Ward ............ 11 
 
 R.t>. Warner ........... 610 
 
 PAGE 
 
 R. v. Warton 38 
 
 R. v. Warwick (Mayor of) 86 
 
 R. v. Waterhouse 613,642 
 
 R. . Watts 295 
 
 R. . West Riding of Yorkshire (Jus- 
 tices of) 225,605 
 
 R. v. Weymouth (Justices of) ... 635 
 
 R. i>. White 11 
 
 R. . Whitechapel Board of Works 39 
 
 R. v. Whitney 63 
 
 R. v. Wilts Canal Co 121 
 
 R. v. Winsford 185 
 
 R. -u.Wood 136 
 
 R v. Woods, &c. (Commissioners of) 92 
 
 R.u. Wooding 125 
 
 R. v. Worksop Local Board of Health 86 
 
 H.v. Wright 100 
 
 R. v. York (Mayor of) 26 
 
 Reid, Chambers v 222 
 
 Reid v. Darlington Highway Board 52 
 
 Rendle, R. 7,163 
 
 Renter v. Electric Telegraph Co. ... 89 
 
 Reynolds, Buckmaster v. ... ... 13 
 
 Reynolds, Keane v. ... ... ... 55 
 
 Rhodes v. Airedale Drainage Commis- 
 sioners _ ...76,94 
 
 Rhyl Improvement Commissioners, 
 
 Fielding v 125 
 
 Rhyl Improvement Commissioners, 
 
 Littler v 94 
 
 Richards, Ex parte 25 
 
 Richards v. Easto 275,310 
 
 Richards, Chasemore v. ... ... 78 
 
 Richards v. Gladwin... ... ... 5 
 
 Richards v. Swansea Improvement 
 
 Co 93 
 
 Richardson, Goodson v 54 
 
 Richmond, Attorney-General v. 80, 616 
 Hichmond (Vestry of), Southwark, 
 
 and Vauxall Waterworks Co. v. ... 91 
 Rickett v. Midland Railway Co. 76, 77 
 
 Ringland v. Lowndes 134 
 
 Rippin v. Bastin 161 
 
 Rippon, R. t> 8 
 
 Rivers (Lord) v. Adams 350 
 
 Robbins v. Jones ... ... ... 53 
 
 Roberts Re, Hill Ex parte 410 
 
 Roberts v. Bury Improvement Com- 
 missioners ... ... ... ... 90 
 
 Roberts v. Egerton ... 587, 588, 595 
 
 Roberts v. Hurst 54 
 
 Roberts v. Sheffield (Mayor of) ... 86 
 
 Robins v. Bury 84,203 
 
 Rochdale (Mayor of), Holt v. ... 80 
 Roderick v. Aston Local Board 35, 75 
 Rolt, General Steam Navigation Co. 
 
 90 
 
 Rook v. Hopley 593 
 
 Ross, Ex parte, St. Pancras, Re ... 12 
 Rouch v. Great Western Ry. Co. ... 90
 
 liv 
 
 Table of Cases. 
 
 PAGE 
 
 Routh, Simpson v 297 
 
 Rowell, Tottenham Local Board of 
 
 Healths 221,190 
 
 Royal Exchange Assurance Co., Col- 
 
 lingridge v. 94 
 
 Ruck v. Williams ... 39 
 
 Ryan v. Thompson 217 
 
 Ryde (Mayor of), R. v 25 
 
 Hyde Commissioners, Hartnell v. ... 52 
 Ryde Commissioners, Isle of Wight 
 
 Ferry Co. v. 607 
 
 Ryde Commissioners, Ohrhy v. ... 52 
 Rye Union (Guardians of) v. Payne 
 
 609,643 
 Ry lands, Fletcher v '78 
 
 Saddlers' Co., R. v 23 
 
 Saffron Hill (Overseers of) Ex parte 
 
 296,306 
 St. Alban's Rural Sanitary Authority, 
 
 R.v 46 
 
 St. Botolph Without Aldgate (Over- 
 seers of the Poor of) v. Whitechapel 
 
 District Board of Works 97, 98 
 
 St. Clement Danes (Election of Vestry- 
 
 men), fie 9 
 
 St. George, Hanover Square (Vestry 
 
 of), Biddulph v 47 
 
 St. George, Hanover Square, Brut- 
 ton v 204 
 
 St. George, Hanover Square (Vestry 
 
 of), Flighty 526 
 
 St. George Hanover Square (Vestry 
 
 of), Gas Light and Coke Co. v. 72, 412 
 St. George, Hanover Square, Hamilton v. 53, 
 57 
 St. George, Hanover Square (Vestry 
 
 of), R. v 112,139 
 
 St. George, Hanover Square (Vestry 
 
 of) v. Sparrow 202,203 
 
 St. George's Union, R. v 6 
 
 St. Giles, Camberwell (Vestry of) v, 
 
 Weller 190 
 
 St. Helen's Chemical Co. . St. Helen's 
 
 (Corporation of ) 609 
 
 St. Helen's (Corporation of), St. Helen's 
 
 Chemical Co. v 609 
 
 St. James, Westminster (Governors of 
 
 Poor of), R. v 122 
 
 St. James, Westminster (Overseers ot) 
 
 v. St. Mary, Battersea (Overseers of) 98 
 St. James, Westminster (Vestry of), 
 
 Gabriel v 67 
 
 St. James, Westminster (Vestry of), 
 
 Gordon* 35,199 
 
 St. John's College, Oxford, Jones v. ... 90 
 St. Kathcriue Dock Co. v. Higgs 100 
 
 St. Leonard, Shoreditch (Guardians of) 
 
 v. Franklin 135,221 
 
 St. Leonard, Shoreditch, Holborn 
 
 Union (Guardians of) i' 52 
 
 St. Leonard, Shoreditch, Holliday v. 52 
 St. Leonard, Shoreditch (Vestry of), 
 
 R. 69 
 
 St. Luke (Vestry of) a. North Metro- 
 politan Tramway Co. ... 64, 504, 505 
 St. Luke, Chelsea (Guardians of Poor 
 
 of), Christie v 97,99,144 
 
 St. Luke, Chelsea (Vestry of), Horns- 
 
 by v 90 
 
 St. Luke, Chelsea (Vestry of), R- v. 33, 76, 
 77, 187 
 St. Luke, Middlesex (Vestry of) v. 
 
 Lewis 44 
 
 St. Mary, Battersea (Overseers of), 
 St. James, Westminster (Overseers 
 
 of) 98 
 
 St. Mary, Islington, Bowles v. 59, 206 
 St. Mary, Islington (Vestry of), R. v. 71 
 St. Mary, Lambeth, Austin v. 40, 42, 194 
 St. Mary, Lambeth (Churchwardens 
 
 of), R. v 6,71,165 
 
 St. Marylebone, R. v. 2 
 
 St. Marylebone (Vestry of), Ex parte 108 
 St. Marylebone (Vestry of) v. Viret 36 
 St. Neot's Union (Guardians of), 
 
 Sanders v 89 
 
 St. Pancras Assessment Committee, 
 
 R. 105 
 
 St. Pancras, Ee, Rous, Ex parte ... 12 
 St. Pancras (Church Trustees of), 
 
 R. 121 
 
 St. Pancras (Directors of Poor of), 
 
 R. v 122,162 
 
 St. Pancras, R. r 2,11 
 
 St. Pancras (Vestry of) v. Batter- 
 bury 61,133,206 
 
 St. Pancras (Vestry of ), Bauman v. 203, 
 205 
 
 St. Pancras (Vestry of), Clark v. ... 202 
 St. Pancras (Vestry of), Dodd e. ... 60 
 St. Pancras (Vestry of), Ham- 
 mond v 35,39 
 
 St. Paul, R. v. 53 
 
 St. Thomas's Hospital (Governors of) 
 
 v. Charing Cross Ry. Co 93 
 
 Salisbury (Town Clerk of ), Norton 
 
 v 22 
 
 Salop (Just, of ), R. v 17 
 
 Salvin v. North Brancepeth Coal 
 
 Co 644 
 
 Sanders v. St. Neot's Union (Guar- 
 dians of ) 89 
 
 Sanderson v. Aston ... ... ... 28 
 
 Sandys v. Small 587,588 
 
 Sangster v. Birkhead ... 299,306 
 Sansom v. Shoreditch (Vestry of) ... 112 
 Sant, Metropolitan Board of Works r. 05 
 Sargent, Brown v 39
 
 Table of Cases. 
 
 Iv 
 
 PAGE 
 
 Saunders, Re 201 
 
 Saunders's Estate, Re ... 705,707 
 
 Sawyer v. Paddington Vestry . . . 190 
 
 Scager, Sweet v 132 
 
 Scarborough (Mayor, &c. of ) v. Scar- 
 borough (Rural Sanitary Authority 
 
 of) 612 
 
 Scarborough (Rural Sanitary Autho- 
 rity), Scarborough (Mayor, &c.,of) v. 612 
 
 Scholefield 0. Schunk 610 
 
 Schunk, Scholefield 610 
 
 Scott v. Avery 90 
 
 Scott, Commercial Gas Co. v... 406, 411 
 
 Scott v. Legg 285, 309 
 
 Scott v. Liverpool (Corporation of)... 90 
 
 Scott, Mills v ... 215 
 
 Scroggs, Masters v \ 100 
 
 Searle, Pope v. 588 
 
 Seghill (Oyerseers of), Smith v. 2, 164 
 
 Selmes v. Judge 223 
 
 Senior v. Metropolitan Ry. Co. ... 77 
 
 Severn and \Vye Ry. Co., R. v. ... 53 
 Sewers (Commissioners of), Plumstead 
 
 District Board of Works v. ... 37 
 
 Sharpe, Newby v 457 
 
 Shaw, Birmingham (Churchwardens 
 
 of)u 100 
 
 Sheffield v. Fulharn District Board of 
 
 Works 190 
 
 Sheffield (Mayor of), R. v 86 
 
 Sheffield (Mayor of), Roberts v. ... 86 
 
 Sheffield Gas'Co., Cox v 63 
 
 Shepherd, Sir John Lade v.... ... 54 
 
 Sheppard, Barraclough v. ... ... 53 
 
 Sherborne, Henderson v. ... ... 24 
 
 Shillito . Thompson ... 617, 637 
 Shoreditch (Vestry 'of), Holboru 
 
 Union (Guardians of) v. ... ... 70 
 
 Shoreditch (Vestry of), Saiisomt-. ... 112 
 
 Shugar, Grand Junction Canal Co. v. 77 
 78 
 Silby, Clifton Dartmouth Hardness 
 
 (Mayor of) v 28 
 
 Simmons, Yarmouth (Corporation of) 
 
 v 53 
 
 Simon, McKinnon v 51 
 
 Simpkin, Exparte 621 
 
 Simpson, Lichfield (Mayor, &c., of) v. 29 
 
 Simpson v. Routh 297 
 
 Simpson v. Smith 203 
 
 Simpson v. Webb 55 
 
 Sims v. Commercial Ry. Co. ... 93 
 
 Sims t\ Estate Co 601 
 
 Sinnott, London Dock Co. . 89, 90 
 Sinnott . Whitechapel District (Com- 
 missioners of Works of) 50 
 
 Sittingborne Ry. Co., Hole v. ... 194 
 
 Skillett v. Fletcher 28 
 
 Slater, Doust v 223 
 
 Slee v. Bradford (Mayor of) 125, 204 
 
 PAGE 
 
 Sniaitb, Blackburn v. 90 
 
 Small v. Buckley 611,637 
 
 Small, Sandys v 587,588 
 
 Smart v. West Ham Union 89 
 
 Smith . Barnham 127 
 
 Smith, Cubitt v 278,204 
 
 Smith v. Deighton 23 
 
 Smith, Marshall v 125,204 
 
 Smith, Pickard v 52,194 
 
 Smith v. Seghill (Overseers of) 2, 164 
 
 Smith, Simpson f 203 
 
 Smith v. Smith 80 
 
 Smith v. Stokes 527 
 
 Smith, Stuart v 306 
 
 Smith v. Waghorn 609 
 
 Smith v. West Derby Local Board ... 52 
 
 Soady v. Wilson 100, 104 
 
 Soltau v. De Held 609 
 
 Sooby v. Kensington (Vestry of) ... 25 
 South of Ireland Colliery Co. v. 
 
 Waddle 89 
 
 South Wales Ry. Co., Mortimer v. 94 
 South Yorkshire, &c., Ry. Co., 
 
 Badger v 32 
 
 Southall . Leadbctter 306 
 
 Southampton (Guardians of), At- 
 torney General v 86 
 
 Southampton, &c., Bridges Co. -o. 
 Southampton (Local Board of 
 
 Health of) 36 
 
 Southampton Local Board, Bradby v. 134 
 Southampton Local Board, Itchin 
 
 Bridge Co. v ... 224 
 
 Southampton (Local Board of Health 
 of), Southampton, &c., Bridge 
 
 Co 36 
 
 Southerton, R. f 586 
 
 Southwark & Vauxhall Waterworks 
 
 Co. v. Richmond (Vestry of) ... 91 
 Sparrow, St. George, Hanover Square 
 
 (Vestry of) t> 202,203 
 
 Spectacle Makers' Co., Sutton v. ... 89 
 
 Sperring, Draper v 612 
 
 Spurrell, R. v. 2 
 
 Staff, Best v. 650 
 
 Stafford v. Hamston 100 
 
 Stainton v. Metropolitan Board of 
 Works and Lewishaui District 
 
 Board 46 
 
 Stainton v. Woolrych 46 
 
 Standbridge, Lyndon v 70 
 
 Stanhope v. Thorsby 215 
 
 Starr v. London (Lord Mayor of) ... 94 
 Stehbing v. Metropolitan Board of 
 
 Works 94 
 
 Steele *. Braunan 309 
 
 Steele v. Liverpool (Corporation of) ... U2 
 
 Steele . Metropolitan Ry. Co. ... 86 
 
 ... 126 
 
 ... 587 
 
 Stephen, R. v. 
 Stevenhill, Pashlcr r.
 
 Ivi 
 
 Table of Cases. 
 
 PAGE 
 
 Stevens v. Gourley 84, 202, 276, 278, 279 
 
 Stevens . Whistler 54 
 
 Stevenson, Wednesbury Local Board 
 
 of Healths 24,27 
 
 Stiff v. Eastbourne (Local Board of) 28 
 
 Stockport, &c., Ry. Co., Ee 76 
 
 Stockton, Harring v 635 
 
 Stockton Waterworks Co., Cattle v . . . 384 
 Stokes, British South America (Stan- 
 dard Bank of) v 300,301 
 
 Stokes v. Grissell 619 
 
 Stokes, Smith v 527 
 
 Stokes Bay Pier Co., Mason v. ... 93 
 
 Stone, R. v 94, 134 
 
 Stone v. Yeovil (Mayor of) ... 92, 135 
 
 Stoneham v. London Brighton & 
 
 South Coast Ry. Co 93 
 
 Storr, Benjamin v 55 
 
 Stracey v. Nelson 32 
 
 Strand District Board, R. ... 99, 121 
 
 Strand Union, Paine v 89 
 
 Stratton v. Metropolitan Board of 
 
 Works 102 
 
 Street, ~R. v 184 
 
 Stretfield, R. v 48,112 
 
 Stringer, Beck v 425 
 
 Stringer v. Sykes 525 
 
 Stuart v. Smith 306 
 
 Sudlow v. Worthington ... 44, 89 
 Sunderland (Corporation of), Attor- 
 ney-General v 358,361 
 
 Sunderlaud Gas Co., Thompson v. ... 277 
 
 Sutton v. Norwich (Mayor, &c., of) 32, 
 
 39, 81, 144 
 
 Sutton v. Spectacle Makers' Co. ... 89 
 Swansea (Corporation of). Da vies v... 223 
 Swansea Improvement Co., Richards 
 
 v 93 
 
 Swanston v. Twickenham Local 
 
 Board of Health 75 
 
 Sweet v. Scager 132 
 
 Sweetman v. Guest 101,225 
 
 Syers . Metropolitan Board of 
 
 Works 94,134 
 
 Sykes, Stringer v 525 
 
 Taylor v. Greenhalgh 52 
 
 Taite . Carlisle Local Board ... 104 
 
 Tamar, &c., Ry. Co., D'Arcy v. 89, 178 
 
 Tamworth (Mayor of), R. v 86 
 
 Tarry v. Ashton 67 
 
 Tatham, R. v. 616 
 
 Taylor, Hall v 27 
 
 Taylor, Hargreaves v. 40 
 
 Taylor v. Metropolitan Board of 
 
 Works 219 
 
 Taylor, Morant v 204, 224, 308 
 
 Taylor v. Oldham (Corporation of) 
 
 32,55 
 
 PAGE 
 
 Tear . Freebody 14, 84, 203, 205, 278 
 Telford r. Metropolitan Board of 
 
 Works 349 
 
 Temple Pier Co. r. Metropolitan 
 
 Board of Works 92 
 
 Tewkesbury, R, v 10 
 
 Thackerv. Wilson 306 
 
 Thames (Conservators of) v. Victoria 
 
 Station, &c., Ry. Co 95 
 
 Thames (Conservators of), Winch v. 52, 54 
 Tharsis Sulphur and Copper Co. r. 
 
 M'Elroy 90 
 
 Tbeed v. Debenhain 209 
 
 Thomas v. Daw 93 
 
 Thompson v. Hill 299,300 
 
 Thompson r. Lapworth ... 61,217 
 
 Thompson, Ryan v 217 
 
 Thompson, Shillito v. ... 617,637 
 
 Thompson v. Sunderland Gas Co. ... 277 
 
 Thoresby, Brackenbury v 53 
 
 Thorsby v. Stanhope 215 
 
 Thorn v. London (Lord Mayor of)... 89 
 
 Thornhill v. Neate 90 
 
 Thwaites, Denny v. ... ... ... 55 
 
 Tinkler v. Wands worth District 
 
 Board of Works 44,128 
 
 Titterton v. Conyer 299 
 
 Todmorden Local Board of Health, 
 
 Hely, v ... 78 
 
 Todmorden Local Board, Uttley v.... 126 
 Tomlinson v. Great Stanmore (Nui- 
 sance Removal Committee of) ... 613 
 
 Tompkins, R. v. .. 101 
 
 Tottenham Local Board v. Rowell 
 
 62, 190, 221 
 Tower Hamlets (Commissioners of 
 
 Sewers of), R. v 100 
 
 Tower Hill (Trustees of), R, v. 48, 146 
 Towle v. National Guardian Assur- 
 ance Society 28 
 
 Towsey v. White ... 24 
 
 Tozerv, Child 9,164 
 
 Train, R. v 55, 56 
 
 Treacher's Settlement, Be 95 
 
 Triggs v. Lester ... ... ... 55 
 
 Trimble, Cullen v 215 
 
 Trimmer, Lilly white v 80 
 
 Trowbridge Waterworks, Bush v. 78, 92, 
 135 
 
 Tulk v. Metropolitan Board of Works 357 
 Tunbridge Wells (Improvement Com- 
 missioners of), Goldsmid v. ... 80 
 Tunbridge Wells Local Board of 
 
 Health v. Bisshopp 650 
 
 Tunstall Local Board of Health, North 
 
 Staffordshire Railway Co. v. ... 80 
 Tunstall Turnpike Roads (Trustees 
 
 of) v. Lowndes 39 
 
 Turner, Howes v 8 
 
 Tutin v. West Ham (Local Board of) 47
 
 Table of Cases. 
 
 PAGE 
 
 Twickenham Local Board of Health, 
 Swanston v. 75 
 
 Tyson v. London (Lord Mayor, &c., 
 of) 94,134 
 
 Tyssen-Amherst, Attorney-General v. 350 
 
 Uttley v. Todmorden Local Board ... 126 
 
 Vantandillo, R. v 650 
 
 Varna Railway Co., Compton v. ... 89 
 
 x Vaughan v. Imray 7,163 
 
 N Vaughan, R. v 78 
 
 Vauxhall Bridge Co., Metropolitan 
 
 Board of Works v. ... 87, 100, 101, 104 
 Vauxhall Waterworks Co., R, v. ... 105 
 
 Verden v. Wray 12 
 
 Victoria, &c., Ry. Co., Read v. ... 94 
 Victoria Station, &c., Ry. Co., Thames 
 
 (Conservators of) v. 95 
 
 Viret, St. Marylebone (Vestry of) 
 
 Waddle, South of Ireland Colliery 
 
 Co. v 89 
 
 Waghorn, Smith v 609 
 
 Waite, Barber v 24 
 
 Waite v. Garston Local Board ... 125 
 
 Waite, Wingate v 38 
 
 Wakefield Local Board, Bowditch v. 60, 
 644 
 Wakefield Local Board of Health v. 
 
 Lee 60 
 
 Walker, Cooper v 53 
 
 Walker v. Homer 55 
 
 Walker v. London & North Western 
 
 Ry. Co 90 
 
 Walker, R. v 82 
 
 Walford, Walton (Improvement Com- 
 missioners of ) v. ... ... ... 142 
 
 Wallasey Local Board, Jolliffe v. ... 222 
 
 Wallasey, Local Board of Health, 
 
 R. v 77 
 
 Waller c. Andrews 107 
 
 Walton v. Milton (Commissioners of) 6 
 Walton (Improvement Commission- 
 ers of ) v. Walford 142 
 
 Wandsworth District Board, Attor- 
 ney-General v 60 
 
 Wandsworth District Board, Cooper v. 42, 
 
 . 204 
 
 Wandsworth District Board v. Hall 203 
 Wandsworth District Board of Works, 
 London, Chatham & Dover Ry. 
 
 Co. v 52 
 
 Wandsworth Board of Works v. Lon- 
 don & South Western Ry. Co. ...32, 54 
 Wandsworth District Board of Works, 
 
 Tinklers 44,128 
 
 Wandsworth District Board, West 
 
 Middlesex Water Co. v 98 
 
 PAGE 
 
 Wanstead Local Board . Hill ... 364 
 
 Wanstead Local Board v. Wooster... 125, 
 213 
 Warburton v. London & Blackwall 
 
 Ry. Co 299 
 
 Ward, Cook v 26,181 
 
 Wardfl. Hobbs 215 
 
 Ward, Huggins v 215 
 
 Ward -v. Lee 78 
 
 Ward v. Lowndes 118 
 
 Ward, Netherton v 101 
 
 Ward, R. v 11 
 
 Ware v. Calvert 90 
 
 Ware v. Regent's Canal Co 134 
 
 Warne, Davey v 69, 699 
 
 Warner, R. v. 616 
 
 Warton, Blything Union (Guardians 
 
 of) v 615 
 
 Warton, Blything v. 605 
 
 Warton, R. v 38 
 
 Warwick (Mayor of ), R. v 86 
 
 Waterhouse, R, v. ... 613, 642, 644 
 
 Waterloo, &c., Local Board of Health, 
 
 Peckw 144 
 
 Watts, R.v 295 
 
 Watts v. Watts 93 
 
 Webb v. Herne Bay (Commissioners 
 
 of) ' 24 
 
 Webb v. Knight 587 
 
 Webb, Simpson v 55 
 
 Webley v. Woolley 448 
 
 Webster, Clothier v 78 
 
 Webster, Hyam v 64,182,209 
 
 Wednesbury Local Board of Health 
 
 ^.Stevenson 24,27 
 
 Weller, St. Giles, Camberwell (Vestry 
 
 of) 190 
 
 Wells v. Kingston-upon-Hull (Mayor 
 
 of) 89 
 
 Wells v. Ody 299 
 
 West v. Andrews 24 
 
 West Derby Local Board, Smith v... 52 
 West End" of London & Crystal 
 
 Palace Ry. Co., Chamberlain v. ... 76 
 
 West Ham Local Board v. Maddams 62, 
 190 
 West Ham, Metropolitan Board of 
 
 Works v 101 
 
 West Ham (Local Board of), Tutin v. 47 
 
 West Ham, Peto and others v. ... 105 
 
 West Ham Union, Smart v 89 
 
 West Hartlepool Improvement Com- 
 missioners, Attorney-General v. ... 86 
 West Middlesex Water Co., v. Wands- 
 worth District Board 98 
 
 West Riding of Yorkshire (Justices 
 
 of), R. 225,605 
 
 Westminster District Board, Lord 
 Auckland v. ... 202,203,204 
 
 Weston v. Arnold 298 
 
 Weymouth (Justices of), R. v. ... 635
 
 Iviii 
 
 Table of Cases. 
 
 PAGE 
 
 Weymouth (Mayor of), Goodyear v... 89 
 
 Whateley 0. Chappell 12 
 
 "Whatman v. Pearson 223 
 
 Wheeler v. Gray 301,310 
 
 Wheeler v. Metropolitan Board of 
 
 Works 102 
 
 Wheelwright, Halifax Union v. ... 28 
 Whichcord, Evelyn v. ... 291,296 
 Whillier, Portsea Island Union (Guar- 
 dians of) v 28 
 
 Whistler, Stevens 54 
 
 Whitchurch v. Fulhain District Board 61 
 White v. Hindley (Local Board of) ... 52 
 
 White, R. 11 
 
 White, Towsey 24 
 
 Whitechapel Board of Works, Meek . 79 
 Wbitechapel Board of Works, R. v. 39 
 Whitechapel District Board of Works, 
 St. Botolph Without, Aldgate (Over- 
 seers of the Peor of) v. ... 97, 98 
 Whitechapel District (Commissioners 
 
 of Works of), Sinnott v 50 
 
 Whitechapel Union (Guardians of), 
 
 Mile End (Vestry of) v 61 
 
 Whitechurch, East London Ry. Co. v. 102 
 
 Whitehouse 0. Fellowes 223 
 
 Whitney, R. 63 
 
 Whitney v. Wycomhe 66 
 
 Whitwood Local Board, Attorney-Gene- 
 ral 26 
 
 Wigan (Mayor of), Attorney-General 0. 85 
 
 Wigmore, Power v 291, 292, 309 
 
 Wilkinson, Bailey 39 
 
 Williams 0. Golding 223 
 
 Williams, Goodhew 0. 5, 9, 10, 12, 24, 
 163, 183 
 
 Williams, Duck 39 
 
 Willis, Bryer 301 
 
 Wilmer 0. Liverpool (Mayor of) ... 86 
 
 Willmott, Ex parte 136 
 
 Wilmot, Ellis 29 
 
 Wilson 0. Bolton (Mayor of) ... 131 
 
 Wilson, Etherington 10 
 
 Wilson 0. Halifax (Corporation of) 
 
 63, 222 
 
 Wilson, Horridge 0. 306 
 
 Wilson 0. M'Math ... ... ... 14 
 
 Wilson, Soady 100,104 
 
 Wilson, Thacker 306 
 
 Wilts Canal Co., R, 121 
 
 Wimbledon Local Board, Hunt r. ... 89 
 
 Winch 0. Thames (Conservators of) 52, 54 
 
 Wingate 0. Waite 38 
 
 Winsford, R. v 185 
 
 Winter, Ee, Holland, Ex parte ... 90 
 Winterbottom v. Derby (Earl of) 55, 77 
 Wisbeach (Corporation of), Baker 0. 223 
 
 Wise, Coet? 52 
 
 Wolverhampton Local Board of 
 
 Health, Cunningham 89 
 
 Wolverhampton Waterworks Co., 
 
 Homersham 89 
 
 Womack, Bennett 107 
 
 Wood, R. 136 
 
 Woodard 0. Biller icay H igh way Board 55 
 
 Woodbridge, Ellis 63 
 
 Woodcock 0. Oxford, &c., Ry. Co. ... 90 
 
 Woodgate, Mercer 53 
 
 Wooding, R. 125 
 
 Woods, &c., (Commissioners of), R. 0. 92 
 
 Woodthorpe, Ashby 285 
 
 Woodward, Folkestone (Corporation 
 
 of)0 204 
 
 Woolley, Cooper 644 
 
 Woolley 0. Kay 24 
 
 Woolley, Webley 448 
 
 Woolrych, Staintou 46 
 
 Wooster, Wanstead Local Board v. 125, 213 
 Worcester (Mayor of), Nowell, 0. ... 39 
 Worksop Local Board of Health, 
 
 R. 0. ... 86 
 
 Worthington 0. Mosside Local Board 61 
 Worthington, Sudlow 0. ... 44,89 
 
 Wray u.Eilis 137,221,309 
 
 Wray, Verden 12 
 
 Wright, R. 100 
 
 Wyatt 0. Metropolitan Board of 
 
 Works 107,420 
 
 Wycombe, Whitney 66 
 
 Yarmouth (Corporation of) 0. Sim- 
 mons 53 
 
 Yeovil ( Mayor of), Stone 0. ... 92, 135 
 
 York (Mayor of) 0. Pilkington ... 204 
 
 York (Mayor of), R, 26 
 
 Young 0. Davis 51 
 
 Young 0. Edwards ,.. ... 124,205 
 
 Young 0. Grattridge 636 
 
 Ystalyfera Iron Co. 0. Neath, &c,, 
 Ry. Co 93
 
 T -A.CT 
 
 FOR THE BETTER LOCAL MANAGEMENT 
 OF THE METROPOLIS(a). 
 
 18 & 19 VICT. CAP. 120. 
 lira AUGUST, 1855. 
 
 WHEREAS it is expedient that provision should be made for the better 
 local management of the metropolis (6) in respect of the sewerage 
 and drainage, and the paving, cleansing, lighting, and improvements 
 thereof (c) : Be it enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the lords spiritual and temporal, 
 and commons, in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 (a) This Act has been amended by 19 & 20 Viet. c. 112, 21 & 22 Viet. 
 c. 104, 25 & 26 Viet. c. 102, 38 & 39 Viet. c. 33, and 41 & 42 Viet. c. 32 
 (Metropolis Management and Building Acts Amendment Act, 1878). In 
 addition to these, numerous other Acts have been passed relating to the 
 powers and functions of the metropolitan and district boards and vestries, 
 a reference to which will be found in the notes to sections 43 and 67, 
 and other sections of this Act. A selection from the more important of 
 these statutes will be found in the appendix. 
 
 (J) By the 250th section " the metropolis " is defined to include the city 
 of London and the parishes and places mentioned in the schedules (A), 
 (B), and (C) to the Act ; and the city of London includes all parts now 
 within the jurisdiction of the commissioners of sewers for the city of Lon- 
 don. The 11 & 12 Viet. c. 163 (the City of London Sewers Act, 1848), 
 s. 262, enacts that the word " city " shall mean the city of London and the 
 liberties thereof, and shall include such parts of Holborn, the Minories, and 
 Aldersgate Street, as are or have been usually treated as being within the 
 liberties of the city, and the courts and alleys leading into the same or com- 
 municating therewith, and also the north side of Eldon Street, formerly 
 called Broker Row, Moorfields, and the courts and alleys leading into the 
 same or communicating therewith, and all precincts and places within the 
 city of London or the liberties thereof. See reference in note to section 
 135, post, to subsequent Acts making provision for the drainage of certain 
 localities not situate within the area under the control of the Metropolitan 
 Board of Works. 
 
 (c) See section 90, transferring, with certain exceptions, to the vestries and 
 district boards constituted by this Act, in addition to the paving and other 
 matters specified, all other duties, powers, and authorities in anywise re- 
 lating to the regulation, government, or concerns of parishes, &c., and the 
 3rd section of 19 & 20 Viet. c. 112, post, transferring to them save as 
 B
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 1. 
 
 1 & 2 Will. 4, 
 c. 60, repealed 
 so far as re- 
 gards parishes 
 in schedules 
 (A.) and (B.) 
 (a). 
 
 Vestries in 
 parishes 
 named in 
 either of the 
 
 Election of Vestries and Auditors in Parishes in Schedules (A.) 
 and (B.) 
 
 L The Act of the session holden in the first and second years of 
 King William the Fourth, chapter sixty, " For the better Regulation 
 of Vestries, and for the Appointment of Auditors of Accounts in 
 certain Parishes of England and Wales," shall be repealed, from and 
 after the passing of this Act, so far as regards any parish mentioned 
 in either of the Schedules (A.) and (B.) to this Act : Provided 
 always, that the vestry and auditors already elected for any such 
 parish under the said Act shall continue to be such vestry and 
 auditors until the first election of vestrymen and auditors for such 
 parish under this Act has taken place, but no longer (6) ; and the 
 provisions of the said Act of King William the Fourth shall con- 
 tinue applicable to every such vestry and to their proceedings, and 
 the books in which the same are entered, and to such auditors and 
 their proceedings accordingly. 
 
 2. The vestry in every parish mentioned in either of the schedules 
 (A.) and (B.) to this Act shall consist of a certain number of persons 
 qualified and elected as herein provided ; (that is to say) eighteen 
 vestrymen for every parish in which the number of rated house- 
 
 .schedules (A.) holders (c) shall not exceed one thousand ; and six additional vestry- 
 
 therein otherwise provided the duties, powers, and privileges (including such 
 as relate to the affairs of the church, or the management or relief of the 
 poor, or the administration of any money or other property applicahle to 
 the relief of the poor) which might have been performed or exercised by any 
 open or elected or other vestry, &c. ; and see as to the purposes and objects 
 of the Act, as collected from its preamble and enactments, the judgment of 
 Lord Justice Turner in Carter v. Cropley, 26 L. J. Ch. 247. 
 
 (a) The Act here repealed so far as regards parishes mentioned in 
 schedules (A.) and (B.) is that commonly known as Hobhouse's Act, from 
 which several of the provisions in the present Act relating to the constitu- 
 tion of vestries have in substance been adopted. See on the construction of 
 that Act E. T. St. Pancras, 1 A. & E. 80 ; S. v. St. Pancras, 5 N. & M. 
 219; B. v. St. Marylebone, 5 A. & E. 268; . v. St. Pancras, 11 A. & E. 
 15; and the cases cited, Chit. Stat. vol. 3, p. 1518, et seq. notes. 
 
 (J) As to first election of vestrymen and auditors, see sections 7, 11, post. 
 
 (c) In a case in which A. and his partner had a dwelling house in a town 
 with a counting-house attached to it, the partners using the counting-house 
 daily for their business, and the dwelling-house being occupied by a clerk 
 of the firm and the rent and taxes being paid by the partnership, it was 
 held that each of the partners was a householder within 26 Geo. 3, c. 38; 
 Sex v. Hall, 1 B. & C. 123. So also under similar circumstances, that each 
 of the partners of a firm was a householder within 43 Kliz. c. 2, and liable 
 to serve the office of overseer ; R. v. Poynder, 1 B. & C. 178. Where a 
 servant occupies premises of his master without paying rent, to determine 
 whether he is a householder ^within that statute, the questiou is, whether the 
 occupation is subservient and necessary to the service ; if it is, the occupa- 
 tion is that of the master ; if not, it is that of a tenant, and the servant is 
 a householder ; E. v. Spurrell, L. R. 1 Q. B, 72. See also Smith v. Over- 
 seers o/ Seghill, L. R. 10 Q. B. 422 ; Hughes v. Overseers of Chatham, 5 
 M. & G. 54 ; and Ex parte Overseers of Paddington, 3 Cox Mag. Ca. 42. 
 As to what constitutes a person an inhabitant householder within the Muni- 
 cipal Corporation Act, refer to E. v. Mayor of Exeter, L. R. 4 Q. B. 110, 
 114, and see E. v. Boycott, 30 J. P. 406. As to majority of householders
 
 18 & 19 VICT. c. 120, ss. 2, 3. 3 
 
 men, that is, twenty-four vestrymen for every parish in which the Section 2. 
 number of rated householders shall exceed one thousand ; and ' ~ ' 
 twelve additional vestrymen, that is, thirty-six vestrymen, for every a .'~r'' f 
 parish in which the number of rated householders shall exceed two ^ ons ^ st 
 thousand ; and so on at the proportion of twelve additional vestry- m ^ than 120 
 men for every thousand rated householders : Provided always, that pcrsons qua u_ 
 in no case the number of vestrymen shall exceed one hundred and g^ an d elec- 
 twenty ; provided also, that the incumbent and churchwardens (d) of ted as after 
 each such parish shall constitute a part of the vestry, and shall vote provided, 
 therein, in addition to the elected vestrymen : provided also, that 
 every district rector now constituting in any such parish a part of 
 the vestry thereof, shall continue to constitute a part of the vestry 
 thereof under this Act : provided also, that where in any parish the 
 whole number of persons qualified to be vestrymen shall not amount 
 to eighteen, the vestry thereof shall consist of so many persons as 
 are so qualified, anything in this Act to the contrary notwith- 
 standing. 
 
 3. Each of the said parishes which at the time of the passing of Such parishes 
 this Act (e) contains more than two thousand rated householders with more 
 shall be divided into wards ; and it shall be lawful for such person than 2,000 
 or persons as may be appointed for this purpose as herein provided to rated house- 
 determine and set out, on or before the tenth day of October next, holders to be 
 the number, extent, limits, and boundary lines of such wards, but divided into 
 so nevertheless that no ward shall contain less than five hundred war< l s - 
 rated householders, and that the whole number of wards in any 
 parish shall not exceed eight ; and the person or persons setting out 
 such wards in any parish shall apportion among the several wards 
 the number of vestrymen to be elected for such parish, and shall, in 
 assigning the number of vestrymen to each ward, have regard, as far 
 as in his or their judgment it is practicable, as well to the number of 
 persons rated to the relief of the poor in each ward as to the aggre- 
 gate amount of the sums at which all such persons are rated ; and 
 the number of vestrymen assigned to each ward shall be a number 
 divisible by three ; and a copy of the particulars of such division and 
 apportionment shall be forthwith transmitted to one of Her 
 Majesty's principal secretaries of state, and also to the vestry clerk 
 of the parish to which such division and apportionment relate ; and 
 if Her Majesty, by the advice of her privy council, approve of such 
 division and apportionment, the particulars thereof shall be published 
 in the London Gazette (/) ; and the parish shall, after such publica- 
 tion, be deemed to be divided into such wards so determined and set 
 out, and such division shall continue and be in force until the same 
 
 for the purposes of a petition for a charter of incorporation, refer to 
 E. v. Mayor of Aberavon, 28 J. P. 789. 
 
 (d) Where one of a number of trustees, directed by a local Act to be 
 filled up at certain intervals to fifty -one over and besides the vicar, church- 
 wards, &c., became churchwarden, it was held that no vacancy was thereby 
 created ; R. v. Trustees of Kensington, 2 B. & Ad. 740. 
 
 (e) The omission in this Act to make provision for a future increase of 
 rated householders is supplied by section 41 of 25 & 26 Viet. c. 102, post, 
 which provides for the division into wards, by the metropolitan board, of 
 parishes not divided under this Act. Under that enactment the parishes of 
 Hampstead, Battersea, and Wandsworth have been divided into wards. 
 
 (/) The supplement to the London Gazette of 19th October, 1855, con- 
 tains the orders in council approving the division and apportionment made 
 pursuant to this provision. 
 
 B 2
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 3, 
 
 Power to 
 secretary of 
 state to ap- 
 point persons 
 to set out the 
 wards, and 
 apportion 
 number of 
 vestrymen to 
 be elected. 
 
 If relative 
 amounts of 
 population of 
 wards vary in 
 any future 
 census, the 
 numbers of 
 vestrymen 
 may be al- 
 tered (a). 
 
 Qualification 
 of vestrymen. 
 
 be altered as herein provided ; and the number of vestrymen as- 
 signed to each ward shall be the number to be elected for such ward 
 until altered as aforesaid: Provided always, that if Her Majesty, by 
 advice of her privy council, do not approve such division and appor- 
 tionment, such publication as aforesaid shall nevertheless be made, 
 and such division and apportionment be in force for the purpose of 
 any election under the provisions of this Act, until such time as Her 
 Majesty, by advice of her privy council, upon further information and 
 report from any such person or persons, definitely approve the divi- 
 sion of such parish into wards, and of the number of vestrymen 
 assigned to each ward, in manner hereinbefore mentioned : Provided 
 also, that where any parish is already divided into wards under any 
 local Act such parish shall be deemed to be divided into such wards 
 for the purposes of this Act, without any division of such parish into- 
 wards being made as hereinbefore provided, but the number of 
 vestrymen to be elected for such parish shall be apportioned as afore- 
 said among the wards of such parish by such person or persons as 
 may be appointed for that purpose as herein provided. 
 
 4. One of Her Majesty's principal secretaries of state shall, as soon 
 as conveniently may be after the passing of this Act, appoint not 
 more than four fit persons, the names of such persons to be pub- 
 lished in the London Gazette, to set out the wards into which the 
 said parishes are by this Act directed to be divided, and to apportion 
 the number of vestrymen to be elected for such parishes respectively 
 among such wards, and also to apportion the number of vestrymen 
 to be elected for any parish already divided into wards as aforesaid 
 among such wards ; and any one or more of such persons may be ap- 
 pointed to act as aforesaid separately from any other or others of them 
 as such secretary of state may see fit ; and such secretary of state 
 shall, in case circumstances appear to him so to require, appoint any- 
 other fit person or persons in the place of or in addition to any such* 
 person or persons originally appointed under this provision; and 
 every person appointed to set out such wards shall be paid at a rate 
 not exceeding the sum of 5 5s. for every day that he is employed 
 by virtue of svich appointment, and the amount payable to him in 
 respect of such employment in each parish shall be determined and 
 certified by the commissioners of Her Majesty's treasury, and the 
 amount so certified shall be paid out of the poor rates of the parish. 
 
 5. When at any time upon any account taken of the population by 
 the authority of parliament, the relative numbers of the inhabited 
 houses in the several wards of any parish divided into wards as aforesaid 
 are found to have varied from those shown by the last previous census, 
 it shall be lawful for the metropolitan board of works, upon the 
 application of the vestry or any ratepayers of such parish, to alter the 
 number of vestrymen assigned to such wards or any of them, but so 
 that the number of vestrymen assigned to each ward shall be a num- 
 ber divisible by three. 
 
 6. The vestry elected under this Act in any parish shall consist 
 of persons rated or assessed (6) to the relief of the poor upon a 
 
 (a) As to future division of parishes into wards, see note to section 3, ante. 
 
 (b) By the amending Act, 19 & 20 Viet. c. 112, s. 4, post, an occupier of 
 a tenement may claim to be rated to the poor rate, whether the landlord be 
 or be not liable to be rated in respect thereof, and by section 6 an occupier 
 rated is deemed to be rated under the Act and shall be entitled to vote in elec-
 
 18 & 19 VICT. c. 120, s. G. :J 
 Section 6. 
 
 tions of vestrymen, and shall, for the purposes of the Act, be deemed a Note 
 ratepayer, subject to the proviso therein expressed. The 31 & 32 Viet, 
 c. 122, s. 38, provides for the rating of persons coming into occupation (after 
 the making of a rate) of new houses, &c., incomplete or unfit for occupa- 
 tion, or not entered in the valuation list in force when the current rate was 
 made. And 32 & 33 Viet. c. 41 (Poor Rate Assessment and Collection Act, 
 1869) provides for payment of rates by owners, and rating owners instead of 
 occupiers, and enacts that every payment of a rate by the occupier, not- 
 withstanding the amount may be deducted from his rent, and any payment 
 of a rate by the owner in the manner defined shall be deemed a payment of 
 the poor rate by the occupier for the purpose of any qualification or fran- 
 chise, depending as regards rating upon the payment of the poor rate. It 
 also contains provision for rating successive occupiers and persons coming 
 into occupation of unoccupied hereditaments, &c. The Parliamentary 
 tind Municipal Registration Act, 1878, section 14, recites section 14 of the 
 Poor Rate Assessment and Collection Act, 1869, as to entering occu- 
 piers names in rate book, and declares that it shall not be deemed 
 to apply exclusively to cases where an agreement has been made under 
 section 3 of the Act, but shall be of general application. It had been 
 previously decided under a local improvement act that a person did not 
 possess the requisite qualification for a commissioner by rating who was not 
 rated in any rate made, allowed, and published before the election, although 
 before the election and after the allowance and publication of the last rate 
 he had been entered as rateable in a list added to the rate, and had paid a 
 proportional part of it; E. v. Eddowes, I Ell. and Ell. 330; see 'also 
 Richards v. Gladivin, 27 L. J. M. C 193. By the 17th section of the Poor 
 Rate Assessment and Collection Act, 1869, a poor rate (in the metropolis 
 extended to every rate made by the overseers and chargeable upon the same 
 property as the poor rate) shall be deemed to be made on the day when it is 
 allowed by the justices, and if the justices sever in their allowance, then on 
 the day of the last allowance. Under the Representation of the People 
 Act, 1867, the rate entitling to registration must have been entirely made, 
 i.e., signed, allowed, and published within the qualifying year ; Jones v. Bulb, 
 5 Cox Mag. Ca. 273 ; see also Ainsworth v. Creelce, L. R. 4 C. P. 470. In 
 32 & 33 Viet. c. 67, the Valuation (Metropolis) Act, 1869, the term "rate- 
 payer " is defined to mean every person who is liable to any rate or tax in 
 respect of any property entered in any valuation list. 
 
 Where A. occupied jointly with B., the latter alone being assessed, and 
 A. bond fide paid the rate, but without being called upon to do so, he was 
 held not to be rated within 2 Will. 4, c. 45, s. 27; Moss v. Overseers of 
 Lichfield, 7 M. & Gr. 72 ; and see B. v. Hulme, 4 Q. B. 538. A person was 
 decided not to be disqualified for being put on a borough register of voters 
 because he had not paid some arrears of a poor rate to which he was not 
 rated, but only became liable to pay as incoming tenant by 17 Geo. 2, c. 38. 
 s. 12 ; Flatcher v. Boodle, 34 L. J. C. P. 77. 
 
 The defendant was joint occupier with his father and brother of heredita- 
 ments within a metropolitan parish. A rate was made in April, 1876, upon 
 the father only. In May the defendant was elected a vestryman and 
 declared by the inspectors after objection to be duly qualified and elected. 
 In June he sat and voted as a vestryman. In July he caused his own name 
 to be inserted in the demand note made in April, and in October, jointly 
 with his father, paid the rate. It was held that the defendant was in May 
 neither " rated " nor " assessed " within the meaning of this enactment, 
 and was not qualified as a vestryman, that the decision of the inspectors was 
 not conclusive, that by sitting and voting in June he had incurred the 
 penalty imposed by section 54, and that his liability to that penalty was not 
 taken away upon the subsequent payment of the rate ; Goodhew v. Wil- 
 liams, L. R. 3 C. P. D. 382, where it is said by one of the judges that a 
 similar rule of construction must be applied to this enactment as in the case 
 of the parliamentary registration acts. Held also, the liability to this penalty 
 was not taken away by section 4 of 19 & 20 Viet. c. 112, which, i
 
 6 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 6. rental (a) of not less than 40 per annum ; and no person shall be 
 capable of acting or being elected as one of such vestry for any 
 parish unless he is the occupier of a house, lands, tenements, or 
 hereditaments in such parish, and be rated or assessed as aforesaid 
 upon such rental as aforesaid within such parish : Provided always, 
 that in any parish in which the number of poor rate assessments at 
 ,40 or upwards does not exceed one-sixth of the whole number of 
 such assessments (6) it shall not be necessary, in order to qualify a 
 person to be a vestryman, that the amount of rental upon which he 
 is rated or assessed as aforesaid exceed 25 : Provided also, that the 
 joint occupation of any such premises as aforesaid, and a joint rating 
 in respect thereof, shall be sufficient to qualify each joint occupier 
 incase the amount of rental on which all such occupiers are jointly 
 rated will, when divided by the number of occupiers, give for each 
 sueh occupier a sum not less than the amount hereinbefore re- 
 quired. 
 
 As to the first 7. The first election of vestrymen under this Act in every 
 election of parish shall be holdeii in the month of November next after the 
 passing of this Act, and between the fifth and twenty-first days of 
 that month, and the day on which such election shall commence 
 shall be appointed by the churchwardens of the parish, and twenty- 
 one days previously to the day of election notice of such election- 
 
 vestrymen 
 under this 
 Act. 
 
 Where several blocks of buildings were each divided structurally into 
 different suites of rooms, the respective suites were held to be rightly 
 treated as separate hereditaments, and the tenants properly assessed to 
 the poor rate as occupiers ; -R. v. St. George's Union, L. R. 7 Q. B. 90. 
 But for the purposes of the inhabited house duty, each block must be 
 treated as one dwelling-house; Att. Gen. v. Mutual Tontine Westminster 
 Ch. Assoc., L. R, 10 Ex. 305. 
 
 (a) The 19 & 20 Viet. c. 112, s. 8, post, declares that the amount speci- 
 fied in that column in the schedule to the Parochial Assessment Act, 6 & 7 
 Will. 4, c. 96, which is headed "Rateable Value," shall be deemed the 
 rental for the purposes of this Act. See this question raised, before the 
 passing of the amending Act, in R. v. Churchwardens of St. Mary, Lam 
 beth, 20 J. P. 276. The annual value for the qualification of a town coun 
 cillor was held to mean rateable value, and not gross estimated rental 
 'Baker v. Marsh, 24 L. J. Q. B. 1, and see under a local Act, Easton v 
 Alee, 7 H. & N. 452. By 32 & 33 Viet. c. 67 (Valuation Metropolis Act), 
 the valuation list under the Act shall be conclusive evidence of the gross 
 and rateable value of the hereditaments included therein, and of other 
 matters for the purposes mentioned, including, amongst others, that of 
 determining the qualification of a vestryman and auditor under this Act. 
 To render a party eligible under section 20 of Hobhouse's Act, 1 & 2 Will. 4, 
 c. 60. it was held not to be necessary that he should be rated in respect of 
 property in his own possession, but that the rental might be made up of 
 tenements separately held and not in his occupation ; R. y. St. Pancras, 
 1 A. & Ell. 80. A person who occupied several pieces of land under diffe- 
 rent landlords and was separately rated for them, was allowed to add their 
 rateable values together for the qualification for a countv vote under 
 30 & 31 Viet. c. 102 ; Huckle v. Piper, 41 L. J. C. P. 42. See disqualifica- 
 tion of an alderman of a municipal borough by ceasing to occupy the 
 qualifying premises, Ex parte Birkleck, L. R. 9 Q. B. 256 ; and as to 
 what was held to be part of a house for the purpose of rateability under 
 a local Act and properly included in the rate; Sole v. Commissioners of 
 Milton; Walton v. Same, 31. J. P. 804. 
 
 (6) It would seem that where a number of distinct tenements are in the 
 race book included in the same assessment, that constitutes oue assessment 
 for the purposes of this computation.
 
 18 & 19 VICT. c, 120, ss. 710. 7 
 
 shall be given in manner hereinafter directed (c) concerning notice of Section 7. 
 election of vestrymen and auditors, and the next such election shall 
 
 take place on such day in the month of May in the year 1857 as the 
 vestry shall appoint, and every subsequent election shall take place 
 annually in the month of May in every year as the vestry appoint. 
 
 8. At the first such election of vestrymen as aforesaid for any The full num- 
 parish, the full number of elective vestrymen of which such vestry ber of vestry- 
 is to consist, as hereinbefore mentioned, shall be elected, and such men to be 
 vestrymen, with such other persons as hereinbefore mentioned, shall chosen at first 
 forthwith be deemed to constitute the vestry of such parish, and election, and 
 shall supersede any existing vestry therein, and exercise the powers existing ves- 
 and privileges held by such existing vestry (d), save as in this Act ^fj?*] 811 ^ 1 ' 
 otherwise provided (e) ; and the authority of such vestry may be seded - 
 pleaded before any justice or justices of the peace, or in any court of 
 
 law in regard to all parochial property or monies due, or holdings or 
 contracts, or other documents of the like nature, under the control 
 or in the keeping of such existing vestry ; and all parish officers or 
 boards shall account to them in like manner as they are by law liable 
 to account to such existing vestry. 
 
 9. One-third of the vestrymen first elected iinder this Act in any As to the 
 parish, or, where such parish is divided into wards under this Act, in term of office 
 each ward of such parish, shall go out of office at the time appointed of vestrymen 
 for the election of vestrymen in the year 1857, one other third of elected at first 
 them at the time appointed for such election in the year 1858, and election, and 
 the remaining third at the time appointed for such election in the as to future 
 year 1859 ; and the vestry shall, at some meeting before the time of elections. 
 
 the election in 1857, determine by lot which of the members first 
 elected shall constitute the one-third to go out of office in the years 
 1857 and 1858 respectively ; and all members from time to time 
 elected at the annual elections after the first election, shall go out of 
 office at the time appointed for the annual election in the third fol- 
 lowing year, except such members as are elected to supply vacancies 
 occasioned otherwise than by effluxion of time ; and such last-men- 
 tioned members shall go out of office at the respective times when 
 the terms of office of the members in whose places they are respectively 
 elected would have expired by effluxion of time. 
 
 10. At every election of vestrymen under this Act, except the Vacancies to 
 first, for any parish or any ward of any parish, the parishioners of he filled up ;it 
 such parish entitled to vote in such election (/) shall elect as many annnal elec- 
 tions. 
 
 (c) See section 26 as to the publication of notices and lists. 
 
 (d) Where by a local Act making the hamlet of Spitalfields a distinct 
 parish, the rector, churchwardens, and others, were constituted the vestry- 
 men of the parish, and by another local Act they were empowered to make 
 poor rates, it was held that the power of making poor rates possessed by 
 the old vestry was transferred to the new vestry, and that the rates made 
 by the latter were valid, the overseers not being entitled to vote ; Vaughan 
 v. Imray, 28 L. J. M. C. 78. See Reg. v. Sendle, note to section 3 of 
 19 & 20 Viet. c. 112, post, and notes to section 197, post. 
 
 (e) This provision transfers to the vestries constituted by this Act all the 
 powers of existing vestries, subject to the restrictions in sections 90 and 91, 
 and to the other provisions of the Act. See now the amending Act, 19 & 20 
 Viet. c. 112, s. 3, post, as to the duties, powers, and privileges declared to 
 have become transferred to vestries and district boards under this Act. 
 
 (/) See section 16.
 
 8 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 10. vestrymen as there are vacancies in the vestry, or among the vestry- 
 men elected for such ward, whether such vacancies be occasioned by 
 the expiration of the term of office, or by death or otherwise (a). 
 
 Appoi 
 of au 
 
 11. For every parish mentioned in either of the Schedules (A.) 
 auditors of and (B.) to this Act, there shall be elected such number as herein- 
 accounts for after mentioned of the ratepayers of the parish who have signified in 
 parishes in writing their assent to serve to be auditors of accounts, which audi- 
 Schedules (A.) t ors shall be so elected at the same times and in the same manner as 
 and (B.) members of the vestry ; and the number of ratepayers so to be 
 
 elected auditors in any parish not divided into wards under this Act 
 shall be five, and the number of ratepayers so to be elected auditors 
 in any parish which is divided into wards shall be the same as the 
 number of wards, one auditor being elected in each ward : Provided 
 always, that where the number of wards into which any parish is 
 divided exceeds five, the' vestry of such parish shall at their first 
 meeting after the election of auditors as aforesaid, in any year, elect 
 by ballot from among such auditors five of them, and the five persons 
 so elected by ballot shall be the auditors for such parish exclusively 
 of any other person or persons who may have been elected an auditor 
 or auditors for such parish under the provisions herein contained ; 
 and a list of the five persons so elected by the vestry shall be forthwith 
 published by the churchwardens in the parish as herein provided : 
 Provided also, that no person shall be eligible to fill the office of 
 auditor of accounts who is not qualified to fill the office of vestryman 
 for the parish (6) ; but no person shall be eligible to fill the office of 
 auditor who is a member of the vestry ; and if any person be chosen 
 to be both a member of the vestry and auditor of accounts, he shall 
 be incapable of acting as a vestryman. 
 
 As to the term 12. The auditors first elected under this Act in any parish as 
 
 of office of aforesaid shall go out of office at the time appointed for the election 
 
 auditor. of vestrymen and auditors in the year 1857, and the auditors then 
 
 elected and to be thereafter elected shall go out of office at the elec- 
 
 tion of vestrymen and auditors in the year next following their 
 
 election. 
 
 Notice of 13. The churchwardens of every parish mentioned in either of 
 
 elections. the said schedules (A.) and (B.), which is not divided into wards, 
 
 shall, on some Sunday at least twenty-one days previously to the 
 day; of annual election of vestrymen, cause to be published in such 
 parish as herein provided (c) a notice according to the following 
 form : 
 
 (a) See as to disqualification of vestrymen, and penalties, section 54 ; and 
 as to the resignation of office and notification thereof, section 55. A notice 
 of election under the Public Health Act, 1848, which omitted to distinguish 
 between ordinary and casual vacancies, was held bad and the election void ; 
 R. v. Rippon, L. R. 1 Q. B. D. 217 ; and see R. v. Mayor of Leeds, 
 7 A. & E. 963. Refer to provision as to casual vacancies in local boards in 
 the Public Health Act, 1875, Sched II., r. 65. 
 
 (b) As to qualification of vestrymen, see section 6. 
 
 (c) See mode of publication, s. 26. In the case of Howes v. Turner, 
 1 L. R., C. P. D. 670, where a defective notice had been given by the town 
 clerk with respect to nomination papers under the Municipal Corporations 
 Act, the election was declared void.
 
 18 & 19 VICT. c. 120, ss. 1315. 9 
 
 Parish of [here insert the name of parish]. Section 13. 
 
 The parishioners duly qualified according to the provisions of the Act of 
 the session holden in the eighteenth and nineteenth year of the reign of 
 Queen Victoria, intituled " An Act " [here insert the title of the Act], are 
 hereby required to meet at , on the day of , con- 
 formably to the provisions of the said Act, and then and there to consider 
 of and elect fit and proper persons to be vestrymen and auditors of 
 
 accounts of the parish of for the ensuing year [the words " for 
 
 the ensuing year " to be omitted in the notice of the first election] ; that is 
 to say, 
 
 members of the vestry, 
 
 auditors of accounts. 
 
 And the churchwardens of every such parish as aforesaid which is 
 divided into wards shall at the time aforesaid cause to he published 
 as herein provided, in each ward of the parish, a notice according to 
 the following form : 
 
 Parish of , ward of [inserting the parish and ward], 
 
 The parishioners duly qualified according to the provisions of the Act of 
 parliament of the session holden in the eighteenth and nineteenth years of 
 the reign of Queen Victoria, intituled " An Act " [here insert the title of 
 
 this Act], are hereby required to meet at , on the day of 
 
 , conformably to the provisions of the said Act, and then and there 
 
 to consider of and elect fit and proper persons to be vestrymen and 
 
 an auditor of accounts of the parish of , for the ward of , for 
 
 the ensuing year [the words " for the ensuing year " to be omitted in the 
 notice of the first election], 
 
 14. Where any parish is divided into wards, the churchwardens, Church- 
 three clear days at least before the day of election, shall appoint in wardens to 
 writing under their hands a person to preside at such election as appoint per- 
 aforesaid in each of the said wards, except any ward in which one of sons to preside 
 the churchwardens shall preside, and notify such appointment to the , ward 
 vestry clerk of the parish. 
 
 15. The rate collectors, or persons appointed by them, shall attend Rate collectors 
 the churchwardens and persons presiding at elections under this Act, to assist at 
 and inspectors of votes (d), to assist in ascertaining that the persons the elections, 
 presenting themselves to vote are parishioners rated to the relief of the 
 
 poor in the parish, or the respective wards thereof, and duly quali- 
 fied (e) to vote at the election. 
 
 (d) See case of Ooodhew v. Williams, cited in note to section 6, supra, 
 where it was said by the Court that the decision of the inspectors as to the 
 qualification of a candidate was not conclusive. 
 
 (e) It was held in a case under the present Act, that the parishioner, at 
 the time of the election of vestrymen, when his vote was challenged for 
 nonpayment of a church rate, might show that the assessment was not due 
 from him at the time of voting, the rate being illegal and void ; Tozer v. 
 Child and another, 25 L. J. Q. B. 337 ; 6 E. & B. 289. If the church- 
 wardens act bond fide in rejecting the vote, they are not liable to an 
 action whether the rate be good or bad ; but otherwise if with a knowledge 
 that the voter is qualified, his voting paper is maliciously refused ; ibid., 
 and see Cullen v. Morris, 2 Stark. R. 577. See in the matter of the Election 
 of Vestrymen for St. Clement Danes, 20 J. P. 131 ; also B. v. Bidwell, 
 17 L. J. M. C. 99. See now the Act 31 & 32 Viet. c. 109, for the
 
 10 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Form of pro- 
 ceeding at 
 elections. 
 
 Section 16. 16. On the day of election of vestrymen and auditors in any parish 
 under this Act the parishioners (a) then rated (b) to the relief of the 
 poor in the parish, or, where the parish is divided into wards imder 
 this Act, in the ward thereof (c) for which the election is holden, 
 and who are desirous of voting, shall meet at the place appointed for 
 such election, and shall then and there nominate two ratepayers of 
 the parish, or (if the parish be divided into wards) of the ward for 
 which the election is holden, as fit and proper persons to be inspectors 
 of votes ; and the churchwardens, or, in the case of a ward election, 
 such one of the churchwardens as is present thereat, or, where one ol 
 the churchwardens is not present, the person appointed by them to 
 preside thereat, shall, immediately after such nomination as aforesaid 
 by the parishioners, nominate two other such ratepayers to be such 
 inspectors ; and after such nominations the said parishioners shall 
 elect (d) such persons duly qualified (e) as may be there proposed for 
 the offices of vestrymen and auditors or auditor ; and the chairman 
 
 abolition of compulsory church rates. Where an assistant overseer 
 appointed to perform certain duties, excluding the making, &c., of rates, 
 joined in making a rate, it was decided that the rate was so far valid that 
 the non-payment of it did not disqualify for the borough franchise ; Baker 
 v. Lee, 34 L. J. C. P. 49. See as to registration of owner R. v. 
 Hampton, 6 B. & S. 923. Where the mayor of a borough erroneously dis- 
 qualified a candidate for the office of councillor the election was held 
 invalid ; Budge v. Andrews, 42 J. P. 744. The votes for a town councillor 
 who was mayor and returning officer, and therefore was disqualified, were 
 held to be not thrown away, unless the voters knew that the candidate 
 was disqualified in point of law; S. v. Mayor of Tewksbury, L. R. 3 
 Q. B. 629. 
 
 (a) As to meaning of " parishioner," see Nol. P. L. i. 68, note (1). It 
 was decided in EtJierington v. Wilson, L. E. 20 Eq. 606, that the term 
 " parishioner " could not be applied to a person taking a small tenement 
 temporarily to obtain a qualification for the purpose of the election of a 
 child to Christ's Hospital, but this decision was reversed on appeal, L. B. 
 1 Ch. Div. 160, where it was laid down that the expression " parishioner " 
 must be taken in its ordinary sense, namely, that of a person occupying 
 premises which are liable to be rated in the parish. 
 
 (b) As to what amounts to being rated, see note to section 6, and 19 & 20 
 Viet. c. 112, s. 4, post, enabling occupiers to claim to be rated, and section 5 
 providing that in case of a composition the occupier shall not be bound to 
 pay or tender more than the amount payable under the composition, and 
 section 6 declaring occupiers rated under that Act entitled to vote in the 
 election of vestrymen and auditors. The demand to be rated under the 
 Act should be made on the vestry and not on the overseers ; S. v. Islington, 
 8 L. T. (N. s.) 231. 
 
 (c) Under section 6 of 22 Viet. c. 35, where a municipal borough is divided 
 into wards, the person nominating a candidate for a town councillor must 
 be entitled to vote for the particular ward for which he nominates; S. v. 
 Parkinson, L. E. 3, Q. B. 11. 
 
 (d) See provision in section 39 of 25 & 26 Viet. c. 102, post, where a person 
 is returned to serve as a vestryman for more than one ward, requiring him 
 before the next meeting of the vestry to signify in writing to the clerk the 
 ward he desires to represent. An elector enrolled as a burgess in two wards 
 of a municipal borough is entitled to vote in either, but when he has voted 
 in one he cannot vote in the other ; S. v. Harrold, 39 J. P. 40. 
 
 (e) That is, rated or assessed to the relief of the poor on a certain rental 
 and occupying a house, &c., in the parish ; Goodhew v. Williams, cited in 
 note to section 6, ante, and see references in that note. The declaration of 
 the inspectors as to the election is not conclusive ; Ibid. The mayor of a 
 municipal borough was held not disqualified for the office of town councillor,
 
 18 & 19 VICT. c. 120, ss. 1618. 11 
 
 at such meeting shall declare (/) the names of the parishioners who Section 16. 
 
 have been elected by a majority of votes at such meeting : Provided 
 
 nevertheless, that no person shall be entitled to join or vote in any 
 
 such election for any parish, or any ward of any parish, or be deemed 
 
 a ratepayer thereof (g), or be entitled to do any act as such under 
 
 this Act, unless ne have been rated in such parish to the relief of the 
 
 poor for one year next before the election, and have paid all parochial 
 
 rates, taxes, and assessments due (h) from him at the time of so voting 
 
 or acting, except such as have been made or become due within six 
 
 months immediately preceding such voting or acting. 
 
 17- Provided always, that any five ratepayers may then and there, Power to 
 in writing or otherwise, demand a poll (i) which shall be taken by demand a poll, 
 ballot on the day next following, and shall commence at eight of the which shall 
 clock in the forenoon and close at such hour as hereinafter mentioned; ? e 1 | a ? en ^ 
 that is to say, at six of the clock in the afternoon in the case of any baUot - 
 election to be holden in November, 1855, and at eight of the clock 
 in the afternoon in all other cases ; each ratepayer depositing, as 
 hereinafter provided, two folded papers, one of which papers shall 
 contain the names of the persons for whom such parishioner may 
 vote as fit and proper to be members of the vestry, and the other 
 shall contain the names or name of the persons or person for whom 
 such parishioner may vote as fit and proper to be auditors or auditor 
 of accounts ; and each ratepayer shall have one vote and no more for 
 the members of the vestry, and one vote and no more for the auditors 
 or auditor of accounts to be chosen in the said parish or ward. 
 
 18. The person voting shall deposit such folded papers in two Duty of 
 separate sets of balloting glasses or boxes (k), one set for voting papers inspectors of 
 
 votes. 
 
 though he could not act as returning officer; E. v. White, L. R. 2 Q. B. 
 557; and see It. v. Ward, L. R. 7, Q. B. 215. 
 
 (/) At an election of vestrymen under 1 & 2 Will, 4, c. 60, it was held 
 that the decision of the chairman on a show of hands was not conclusive, 
 but that he was bound 011 a requisition to ascertain the numbers; E. v. St. 
 Pancras, 11 A. & Ell. 15. An election of a member of a local board under 
 the Public Health Act, 1848, in the absence of the chairman was held void ; 
 K.v. Backhouse, L. R. 2, Q. B. 16; 36 L. J. Q. B. 7. See as to what 
 matters the decision of the chairman at the election of a member for a local 
 board is conclusive ; B. v. Collins, L. R. 1 Q. B. D. 336. See also B,. v. 
 Diplock, L. R. 4 Q. B. 549, and E. v. Lofthouse, L. R. 1 Q. B. 433. 
 
 (g) As to what persons shall be deemed to be rated, see Acts and 
 decisions referred to in note section 6, ante. 
 
 (h) The 19 & 20 Viet. c. 112, s. 7, post, enacts that this provision shall 
 not be taken to include church rates. See now the Act for the abolition of 
 compulsory church rates, 31 & 32 Viet. c. 109. 
 
 (i) In general a poll is demandable by a voter as of right ; see E. \. 
 Hedger, 12 A. & E. 151; Campbell v. Maund, 5 A. & E. 865; S. v. 
 D'Oyly, 12 A. & E. 139 ; and as to mode of taking poll and right to vote, 
 see E. v. Churchwardens, $c., of Lambeth, 8 A. & E. 356 ; -B. v. Vestrymen 
 of St. Pancras, 11 A. & E. 15; E. v. Hedger, supra. Where the demand 
 of a poll by the minority at a meeting of a vestry for the formation of a 
 highway board was refused, the election -was held invalid ; E. v. How, 33 
 L. J., M. C. 53. Refer to case of the void election of a waywarden 
 under 25 & 26 Viet. c. 61, where a poll had been demanded and not taken; 
 E. v. Cooper, L. R. 5 Q. B, 457. See as to refusal of a poll at a meeting 
 for the adoption of the Local Government Act ; E. v, Bird, 28 J. P. 279. 
 
 (&) This section is only directory, and where both sets of names were 
 written on one paper, and put into one balloting box, it was held not to in-
 
 12 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 18. for members of vestry, and another set for the voting papers for au- 
 
 ditors or an auditor ; and the said balloting glasses or boxes shall be 
 
 closed at the time hereinbefore fixed for the closing of the poll ; 
 and the inspectors (a) for the parish or ward (as the case may be) 
 shall forthwith meet together, and proceed to examine the said votes, 
 and if necessary shall continue the examination by adjournments 
 from day to day, not exceeding two days (Sunday excepted), until 
 they have decided upon the persons duly qualified (V) according to 
 the provisions of this Act who may have been chosen to fill the afore- 
 said offices. 
 
 Provision for 
 case of 
 equality of 
 votes. 
 
 If in the 
 interval 
 between 
 elections the 
 vestry of 
 any parish 
 be reduced 
 below two- 
 thirds, the 
 vacancies to 
 be filled up 
 as herein 
 uamed. 
 
 Penalty for 
 forging or 
 falsifying 
 
 19. In case an equality of votes appear to the aforesaid inspectors 
 to be given for any two or more persons to fill either of the said 
 offices, the inspectors shall decide by lot upon the person to be 
 chosen. 
 
 20. If in the interval between any election under this Act of vestry- 
 men in any parish and the time at which the next election would 
 in the absence of this enactment have taken place the num- 
 ber of such vestrymen be reduced below two-thirds of the full 
 number, so many vestrymen as may be requisite for filling up such 
 number shall be forthwith elected in like manner as in the case of 
 the annual election of such vestrymen, and the provisions of this Act 
 shall be applicable in the case of such election accordingly, save that 
 the notice of election shall be varied from the form prescribed by this 
 Act so far as may be necessary, and where such parish is divided into 
 wards under this Act each ward shall supply the vacancies among the 
 members elected for the same; and every vestryman elected under 
 this enactment shall go out of office at the time when the term of 
 office of the person in whose place he is elected would have expired 
 by effluxion of time. 
 
 21. If any person knowingly personate and falsely assume to vote 
 in the name of any parishioner entitled to vote in any election under 
 this Act (c), or forge or in any way falsify any name or writing in 
 
 validate the election ; Ex parte Ifiddleton, in tJie matter of Kenneth and 
 others, 25 J. P. 791. 
 
 (a) See as to appointment of an umpire by the inspectors before com- 
 mencing their duties, 25 & 26 Viet. c. 102, s. 36, post. 
 
 (b) Persons claiming to be returned must be rated to the full amount 
 required by the 6th section at the time of voting, and it was held to be 
 the duty of the inspectors of votes to inquire into the qualification of can- 
 didates, and to return the names of those who have the majority of votes, 
 and are also duly qualified ; 'Ex parte Ross, in the matter of the Vestry 
 of St. Pancras, 26 L. J. Q. B. 312 ; S. C. nom. B. v. Inspectors of 
 Votes, fyc., of the Parish of St. Pancras, 7 Ell. & Bl. 954. But see obser- 
 vations of the court as to the effect of the decision of inspectors with respect 
 to the qualification of candidates for the office of vestrymen in Goodhew v. 
 Williams, cited in note to section 6, ante, and see also Ex parte Eoss, 
 25 L. J. Q. B. 313. 
 
 (c) The personation at an election of guardians under 14 & 15 Viet. 
 c. 105, of a voter who was dead at the time of the election was decided not 
 to bean offence within section 3 of that Act ; Whateley v. Chappell, L. E. 4 
 Q. B. 147. The mens rea was held essential to the offence of fabricating a 
 voting paper under the Local Government Act, 1858. As to who is a 
 " party aggrieved " by the fabrication of a voting paper under the Public 
 Health Act, 1875, see Verden v. Wray, L. E. 2 Q. B. D. 608. The offence of
 
 18 & 19 VICT. c. 120, ss. 2126. 13 
 
 any paper purporting to contain the vote or votes of any parishioner Section 21. 
 
 voting in any such election, or by any contrivance attempt to ob- n 71^1 
 
 struct or prevent the purposes of any such election (d), the person so ^ Qr g 
 
 offending shall, upon conviction before any two or more justices of o^ta^n 
 the peace having jurisdiction in the parish, be liable to a penalty of 
 not less than 10, and not more than .50, and in default 01 payment 
 thereof shall be imprisoned for a term not exceeding six nor less than 
 three months. 
 
 22. The inspectors shall, immediately after they have decided upon A list of 
 whom the aforesaid elections have fallen, deliver to the churchwar- persons elected 
 dens, or to one of them, or other the person presiding at the election, vestrymen 
 
 a list of the persons chosen by the parishioners to act as vestrymen JJ"[ " ua [\ 
 
 and auditors or an auditor of accounts ; and the said list, or a copy . ^j^ e ^ "^ 
 
 thereof, shall be published in the parish as herein provided (e). be published. 
 
 23. If any inspector wilfully make or cause to be made an incorrect Penalty on 
 return of the said votes, every such offender shall, upon information inspector 
 laid by any person before two or more justices of the peace having for making 
 jurisdiction in the parish, and upon conviction for such offence be incorrect 
 liable to a penalty of not less than .25, and not exceeding 50. return. 
 
 24. The vestry of every parish mentioned in either of the schedules Vestries to 
 (A.) and (B.) to this Act shall provide such places as may be requi- provide 
 site for holding elections of vestrymen and auditors under this Act, places for 
 and taking the poll thereat ; and the expenses of providing such holding 
 places, of publishing notices, of taking the poll, and of making the ele ctions, 
 return at elections of vestrymen and auditors, shall be paid out of a ' 
 
 the poor rates of the parish by order of the vestry (/) : Provided ^j^. 
 
 always, that the places requiring to be provided for the first election ^ ^^ 
 under this Act of vestrymen and auditors in any parish shall be pro- 
 vided by the churchwardens, and the expenses of providing the same 
 shall be paid out of the poor rates, upon their order. 
 
 25. The provisions hereinbefore contained shall, so far as concerns As to parishes 
 any parish in either of the said schedules (A.) and (B.) in which there having no 
 are no churchwardens, be construed as referring to the overseers of churchwar- 
 the poor instead of the churchwardens. dens - 
 
 26. Every notice and list hereinbefore required to be published How notices 
 in any parish or ward of any parish shall be so published by being and lists to 
 fixed in some public and conspicuous situation, on the outside of he published, 
 the outer door or outer wall near the door of every church and public 
 
 chapel in such parish or ward, including places of public worship 
 which do not belong to the Established Church, and if there be no 
 such building as aforesaid, then in some public and conspicuous 
 situation within such parish or ward. 
 
 inducing a person to personate a voter at a municipal election was decided to 
 be committed though the vote was not received, and it was not necessary to 
 show that the election vras duly held ; E. v. Hague, 4 B. & S. 715. 
 
 (d) A rule for a quo warranto to vacate the election of a councillor of a 
 borough was refused where there was no proof of systematic riot or intimida- 
 tion; .K. v. Macaill, 26 J. P. 87; JBuckmaster v. Reynolds, 13 C. B. (N.S.) 
 62. 
 
 (e) See section 26. 
 
 (/) See as to payment of expenses, not otherwise provided for, incurred 
 by vestries in schedule (B.) to this Act, 25 & 26 Viet. c. 102, s. 16, post.
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 27. 27. If any churchwarden, overseer, rate collector, or other parish 
 officer refuse or neglect to call any meeting, or give any notice, or do 
 any other act required of him under the provisions of this Act, he 
 shall be deemed guilty of a misdemeanor. 
 
 28. All powers or duties to be performed by the vestry of any 
 parish under this Act may be exercised and performed respectively 
 
 Churchwar- 
 dens, &c., not 
 complying 
 with Act 
 guilty of mis- 
 demeanor. 
 
 <}uorum of 
 
 vestries. 
 
 Meetings not 
 to be holden 
 in the 
 church (c). 
 
 Meeting to 
 elect a chair- 
 
 by the major part of such vestry assembled at any meeting (a), there 
 being not less than five vestrymen present at a meeting of a vestry 
 Avhich consists of not more than eighteen elected vestrymen, and not 
 being less than seven vestrymen present .at a meeting of a vestry 
 which consists of twenty-four elected vestrymen and no more, and not 
 being less than nine vestrymen present at a meeting of a vestry which 
 consists of thirty-six elected vestrymen or upwards, and at every such 
 meeting all questions shall be decided by the votes of the majority (6) 
 of the vestrymen present, and the vestry may act notwithstanding 
 any vacancies therein. 
 
 29. In any case in which the vestry-room of any such parish as 
 aforesaid is not sufficiently large f and commodious for any vestry 
 meeting, such meeting shall be held elsewhere within the said parish, 
 but not in the church or chapel thereof. 
 
 30. At every meeting of any vestry under this Act, in the absence 
 of the persons authorized by law or custom to take the chair (d), the 
 members present shall elect a chairman for the occasion before pro- 
 ceeding to other business, and the chairman, in case of an equality of 
 votes on any question, shall have a second or casting vote. 
 
 (a ) As to requirements in notices of vestry meetings in general, see 
 Prideaux, Duties of Churchwardens, 9th ed., p. 87, et seq. The 19 & 20 
 Viet. c. 112, s. 9, post, enables special meetings of vestries to be convened 
 by notice transmitted by the post, and by affixing a notice on or near the 
 door of the building where the meeting is to be holden. See as to day and 
 hour for meetings of vestries, 25 & 26 Viet. c. 102, s. 37, post. 
 
 (b) This means an actual majority of the vestrymen assembled, and where 
 a local Act empowered the vestry, or "the major part of them," to remove a 
 poor rate collector, it was held that it was not sufficient at a meeting of thirty- 
 five vestrymen for sixteen to vote for the removal, and eleven against it, the re- 
 maining eight not voting; E. v. Overseers of Christ Church, 26 L. J. 
 M. C. 69 ; affirmed in error, 27 L. J. M. C. 23. See also re Eynsham 
 18 L. J. Q. B. 210; S. C. 12 Q. B. 398, n.; and Ex parte Orde re 
 Horsley, L. R. 6 Ch. 881, with reference to a majority at a meeting held 
 under a petition for liquidation. As to division after show of hands, Tear v. 
 Freebody, 4 C. B. (N.S.) 228. The Public Health Act, 1875, sch. 1, r. 7, 
 directs that every question at a meeting shall be decided by a majority of 
 the votes of the members present and voting on that question, and a similar 
 provision is contained in several subsequent acts relating to the powers and 
 duties of the metropolitan board. 
 
 (c) See 13 & 14 Viet. c. 57, for preventing the holding of vestry or other 
 meetings in churches, &c. 
 
 (d) See as to the right of the minister to preside at vestry meetings, E. v. 
 D'Oyly, 12 A. & Ell. 139; Wilson v. M'Math, 3 Phill. Ecc. Ca. 67; 3 
 B. & A. 244, notes; and Mawley v. Barbett, 2 Esp. 687.
 
 18 & 19 VICT. c. 120, ss. 8135. 15 
 
 Section 31. 
 
 Formation of Parishes into Districts, and Constitution of District 
 Boards. 
 
 31. For the purposes of this Act the several parishes mentioned in Parishes in 
 the second column of schedule (B.) to this Act shall be united, and schedule (B.) 
 form the respective districts mentioned in conjunction therewith and * be united, 
 named in the first column of the same schedule, and there shall be a and f rm 
 board of works for each such district, composed of the members districts, and 
 elected as hereinafter mentioned for the parishes forming such district 
 
 i- . * boards con- 
 stituted. 
 
 32. The Vestry constituted by this Act in every parish in any Vestries to 
 such district shall, on the 28th day of November in the year 1855, elect members 
 elect the number of persons mentioned in the third column of the of district 
 said schedule (B.) in conjunction with such parish to be a member or hoards, 
 members of the board of works for such district. 
 
 33. When at any time hereafter, upon any account taken of the If relative 
 population by the authority of parliament, the relative numbers of numbers of 
 the inhabited houses in the several parishes forming any such district inhabited 
 are found to have varied from those shown by the last previous houses in 
 census, it shall be lawful for the metropolitan board of works con- parishes in 
 stituted by this Act, upon the application of the vestry or any any district 
 ratepayers of any such parish, to alter the number of the members of Y ar y on anv 
 the board of works for such district to be elected for all or any of the JJJ 
 parishes therein (e) ; but so that the number of members to be O f ^^ 
 elected for any such parish, if exceeding three, shall be a number m ^ 
 divisible by three. altered 
 
 34. One third of the members of any such board first elected for As to the 
 any parish for which three or more such members are by this Act term of office 
 appointed to be elected shall go out of office at the time hereinafter of members 
 appointed (/) for the election of members of such board in the year of district 
 1857, one other third of them at the time appointed for such election boards 
 
 in 1858, and the remaining third at the time appointed for such elected at 
 
 election in the year 1859 ; and the vestry shall at the time of the fi * election, 
 
 first election under this Act of such members determine by lot which nd M *? 
 
 of the members first elected shall constitute the one-third to go out * uture 
 of office in the years 1857 and 1858 respectively ; and all members ous ' 
 elected to supply vacancies occasioned by members going out of 
 office at the expiration of their term of office shall go out of office 
 at the election of members of such board in the third following 
 year. 
 
 35. (gr) The vestry of every such parish shall on the first Wednes- Elections to 
 day in the month of June in the year 1857, and in every subsequent be held an- 
 year, elect so many vestrymen of such parish to be members of the nua ^y f r 
 board for the district in which such parish is comprised as may be su PP 1 ji n g 
 necessary for supplying the vacancies among the members of such vacancies 
 board, elected for such parish, occasioned by expiration of the term occa81 ne J 
 
 ^^ term of office 
 
 (e) See similar provision with respect to vestries, section 5. 
 
 (/) See section 35. 
 
 (g) This section is repealed by the 40th section of the 25 & 26 Viet. c. 
 102, post, which renders persons qualified by rating and occupation eligible 
 though not vestrymen.
 
 16 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 35. of office of the members going out of office at the time of such 
 election. 
 
 Provision as 
 to parishes 
 not electing 
 as many as 
 three mem- 
 hers of a 
 district board. 
 
 Provision as 
 to casual 
 
 Powers of 
 district boards 
 to be exercised 
 at meetings 
 not less than 
 seven mem- 
 bers being 
 present. 
 
 Ordinary 
 meetings of 
 district 
 boards. 
 
 Special 
 meetings 
 of district 
 boards. 
 
 36. The members of any such board first elected for parishes for 
 which less than three members are by this Act appointed to be 
 elected shall go out of office on the said first Wednesday in June, 
 1859, and members subsequently elected for such parishes to supply 
 vacancies occasioned by members going out of office at the expiration 
 of their term of office shall go out of office on the first Wednesday in 
 June in the third year following their election ; and the vestries of 
 such parishes shall on the said first Wednesday in June in the 
 1859, and in every third following year, elect members in the 
 of the members then going out of office. 
 
 37- When any member of any district board dies, resigns, or 
 ceases to be such member, otherwise than by the expiration of his 
 term of office (a), the vestry of the parish for which he was elected 
 shall with all convenient speed elect a person to be a member of 
 such board in his place ; and every member of any such board 
 elected to supply any such vacancy shall go out of office when the 
 term of office of the member in whose place he is elected would have 
 expired by effluxion of time. 
 
 38. All powers and duties vested in the board of works for any 
 district may be exercised or performed at any meeting of such board 
 holden under this Act, there being not less than seven members of 
 the board present ; and at every such meeting all questions shall 
 be decided by the votes of the majority (6) of the members present ; 
 and the board may act notwithstanding any vacancies therein, and 
 notwithstanding any omission to elect any member or members of 
 such board, in pursuance of this Act. 
 
 39. The first meeting of the board of works for any district shall 
 be holden on the Wednesday in the week next following the election 
 of such board, at ten o'clock in the forenoon, at the place at which 
 the vestry of the parish in such district first named in schedule (B.) 
 to this Act usually meet ; and every subsequent ordinary meeting 
 shall be holden on and at such day, time, and place as the board may 
 from time to time appoint in this behalf (c), subject, nevertheless, to 
 the provision hereinafter contained (d), appointing the day on which 
 meetings shall be holden for the first election of the metropolitan 
 board of works. 
 
 40. A special meeting of any such board may be convened by any 
 five members of the board, or by the clerk of the board, upon the 
 requisition in writing of five members of the board, by a notice to 
 the several members thereof forty-eight hours at least before the 
 time of meeting, such notice to be signed by the members or clerk 
 convening the meeting, and to specify the object thereof (e). 
 
 (a) See section 54. 
 
 (6) See as to what is a majority, note to section 28, ante. 
 
 (c) See provision as to days of meeting of district boards, 25 & 26 Viet. 
 c. 102, s. 37, post. 
 
 (d) See section 45. 
 
 (e) As to the sufficiency of a notice of the object of a vestry meeting 
 under The General Highway Act for stopping up a highway, see S. v. 
 Powell, 42 L. J. M. C. 129 ; L. R. 82 Q. B. 403 ; also of the special purpose
 
 18 & 19 VICT. c. 120, ss. 4143. 17 
 
 41. Every such board shall at every meeting of such board, before Section 41. 
 proceeding to business, elect a chairman of such meeting, and such . ~ 
 chairman, in case of an equality of votes on any question, shall have Chairman to 
 a second or casting vote. ** elected at 
 
 meeting of 
 board. 
 Incorporation of Vestries and District Boards. 
 
 42. The board to be constituted as aforesaid for every such district District 
 shall be a body corporate by the name of " The Board of Works for boards and 
 
 the district," and the vestry of every parish mentioned in vestries of 
 
 schedule (A.) to this Act shall be a body corporate, by the name of parishes in 
 
 " The Vestry of the Parish of , in the County of ," and schedule 
 
 every such board and vestry shall by such name respectively have CM incorpo- 
 perpetual succession and a common seal (/), and shall sue and be 
 
 sued, and have power and authority (without any license in mortmain) 
 to take, purchase, and hold land for the purposes of this Act 
 
 Constitution and Incorporation of Metropolitan Board of Works (g). 
 
 43. A board, to be called " The Metropolitan Board of Works," Metropolitan 
 shall be constituted as hereinafter mentioned, and such board shall board of works 
 by such name be a body corporate, and have perpetual succession and constituted 
 
 and incorpo- 
 rated. 
 
 of a vestry meeting under 59 Geo. 3, c. 12 ; Blunt v. Sarwood, 8 A. & E. 
 
 610 ; see also B. v. Just. Salop, 29 J. P. 260. 
 
 (f) For decisions as to the necessity of a seal in contracts for works, and 
 documents and proceedings generally, refer to note to section 149, post. 
 
 (g) The general powers of the Metropolitan Board of Works with respect 
 to sewerage are contained in a series of provisions commencing with the 
 135th section of this Act together with the 32nd and other sections of the 
 amending Act, 25 & 26 Viet. c. 102. The board were also, by 21 
 & 22 Viet. c. 104, invested with extended powers for effecting the 
 purification of the Thames and the main drainage of the metropolis. That 
 Act removed the restrictions contained in the 135th & 136th sections 
 of this Act, limiting the period for the completion of the main drainage 
 works, and requiring, before any plan should be carried out, the approval 
 of the commissioners of her majesty's works, and it enacted that the board 
 might execute the necessary works according to such plans as to them 
 might seem proper. It also altered the direction in this section to the 
 effect that works should be executed for preventing the sewage of the 
 metropolis from passing into the Thames in or near to the metropolis, and 
 authorized the board to carry out works for preventing as far as might be 
 practicable the sewage of the metropolis from passing into the Thames 
 within the metropolis. It conferred upon the board additional powers for 
 constructing works under the bed, banks and shores of the Thames, and 
 extended the period for the completion of the works to the 31st December, 
 1863. It further empowered the board to borrow with the consent of 
 the Treasury, up to the 31st December, 1866, sums not exceeding three 
 million pounds for the purposes of the Act on bonds, debentures, or other 
 securities, on such terms as the commissioners of the Treasury might 
 approve ; and it authorized those commissioners to guarantee payment of 
 principal and interest. It required the board to cause to be raised each 
 year during 40 years from the passing of the Act a sum equivalent 
 to a rate of 3d. in the pound, to be called the Metropolitan Main 
 Drainage Rate, and enacted that for the purposes of the assessment under 
 the Act, all parts of the metropolis should be deemed to be equally benefited ; 
 with a power to the board to make rates on default of the vestries. They 
 were, until the works should be completed, to deodorize the sewage; and 
 the Act required that all works executed under it should be so con- 
 
 C
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 43. 
 
 Note. structed and kept as not to be a nuisance. By section 27 of 21 & 22 Viet. 
 c. 104, the previous approval of the Admiralty was required of works to 
 be executed upon the bed or shores of the Thames, and by section 28 that of 
 the conservators of the Thames. The powers of the last-mentioned Act were 
 extended by the Metropolitan Main Drainage Extension Act, 1863, which 
 authorized the board to borrow in manner provided any sum not exceeding 
 one million two hundred thousand pounds, in addition to the three million 
 pounds authorized to be borrowed under the former Act. The Commis- 
 sioners of the Treasury were authorized to guarantee the payment of 
 the principal and interest in manner therein mentioned. The same Act 
 made provisions for the application of the moneys borrowed, and ex- 
 tended the time for the completion of the works until the 31st December, 
 1866. The 28' Viet. c. 19 enlarged the time for the borrowing by the 
 board of the moneys authorized by the Main Drainage Extension Act, 1863. 
 
 This Act was repealed by the Metropolitan Board of Works (Loans) 
 Act, 1869, to the extent defined by the 3rd schedule, subject to the 
 qualifications expressed in section 5. That Act repealed, with the exceptions 
 mentioned, the 4th section of this Act (21 & 22 Viet. c. 104) and the other 
 sections relating to the borrowing of money, and substituted other pro- 
 visions for this object. 
 
 The 33 & 34 Viet. c. 140 (Thames Navigation Act, 1870), required the 
 board, at their own expense, to keep the Thames free from banks or other 
 obstructions to the navigation arising from the flow of sewage at their 
 out-falls into the river, with power to dredge and remove such banks or 
 obstructions subject to the approval of the conservators ; and the works were 
 required to be executed under their superintendence, with provisions for 
 the settlement of disputes by arbitration. See reference to Acts for the 
 drainage of certain localities without the limits of the metropolis in note to 
 section 135, ante. 
 
 The Thames Embankment Act, 1862 (25 & 26 Viet. c. 93) empowered 
 the board to embank the north side of the Thames from Westminster 
 Bridge to Blackfriars Bridge, and to make new streets in and near thereto. 
 The powers of the board in relation to the embankment of the Thames and 
 improvements connected with it were extended and varied by subsequent 
 Acts. See a reference to the whole of these Acts in note to section 9 of 
 24 & 25 Viet. c. 42, The London Coal and Wine Duties Continuance Act, 
 1861, post, appendix. 
 
 Numerous additional duties were imposed upon the metropolitan board by 
 other statutes. The Metropolitan Building Act, 18 & 19 Viet. c. 122 
 (amended by 23 & 24 Viet. c. 52, 24 & 25 Viet. c. 87, 32 & 33 Viet. c. 82, 
 and 41 & 42 Viet. c. 32) conferred various powers upon them witli 
 respect to the limits of districts, the appointment of district surveyors, 
 the modification of rules for the construction of buildings, and other 
 matters. The 41 & 42 Viet. c. 32, the Metropolitan Management and Build- 
 ing (Amendment) Act, 1878, contains provisions relative to houses and 
 buildings in close proximity to certain roads, &c., empowering the board to 
 . cause alterations to be made in theatres and music halls, to make regulations 
 with respect to the position and structure of new theatres and music halls, 
 the making and preparation of foundations and sites of houses, &c., with 
 other powers. 
 
 The 28 & 29 Viet. c. 90, Metropolitan Fire Brigade Act, 1865, imposes 
 upon the board the obligation of extinguishing fires, and protecting life 
 and property in case of fire within the metropolis, including the city of 
 London. 
 
 By the 29 & 30 Viet. c. 122, Metropolitan Commons Act, 1866, the same 
 body are empowered to present a memorial to the inclosure commissioners 
 in relation to any common within the area of the metropolis, who are 
 thereupon to make inquiries and prepare a scheme for its management. 
 For a list of the Metropolitan Commons Supplementary Acts confirming 
 schemes prepared by the inclosure commissioners pursuant to this Act for
 
 18 & 19 VICT. c. 120, s. 43. 19 
 
 Section 43. 
 
 the management of commons, refer to note to section 3 of the Metropolitan Note. 
 
 Commons Act, 1866, post, appendix. By 26 Viet. c. 13, an Act for the 
 protection of certain gardens and ornamental grounds in cities and boroughs, 
 the board are appointed to carry out its provisions in any places within their 
 jurisdiction, except in the city of London, where similar powers are 
 exercised by the corporation. The 37 Viet. c. 10 authorizes the board to 
 acquire and maintain Leicester Square as a place of public recreation ; and 
 40 & 41 Viet. c. 35, Open Spaces (Metropolis) Act, 1877, empowers the 
 board to acquire and hold gardens in squares, &c., for the public benefit. 
 
 They are by 23 & 24 Viet. c. 125, Metropolitan Gas Act, 1860, 
 together with the vestries and district boards, the local authority for the 
 purposes of the Act. The Sale of Gas Amendment Act, 1861, transferred 
 (so far as relates to the metropolis) to the metropolitan board the powers 
 conferred upon justices of the peace by 22 & 23 Viet. c. 66, as amended 
 by 23 & 24 Viet. c. 146, as to copies of models of gas meters, the 
 appointment of inspectors, &c., and by special Acts relating to particular 
 companies more particularly referred to in the note to Metropolitan Gas 
 Act, 1860, post, appendix, the board are required to perform the duties 
 specified for enforcing compliance with the provisions of the Acts relating 
 to the illuminating power, purity, and pressure of gas and other matters. 
 
 They are constituted the local authority for the metropolis (except 
 the city of London and its liberties) for the purposes of 38 Viet. c. 1 7, 
 the Explosives Act, 1875, and subject to the exception in section 67 as to the 
 harbour authority : and with similar exceptions, as to the city of London 
 and its liberties for the purposes of 34 & 35 Viet. c. 105, the Petroleum 
 Act, 1871 . They are the local authority for the metropolis (except the 
 city of London and liberties) for the purposes of the Contagious Diseases 
 (Animals) Act, 1878, and also subject to the provision in section 9 to the 
 effect that the corporation shall alone be the local authority for the metro- 
 polis for the purposes of the Act which relate to foreign animals. 
 
 They are also the local authority for the metropolis (exclusive of the 
 city of London and liberties) for the purposes of the following Acts : 
 
 The 38 & 39 Viet. c. 36, The Artizans and Labourers Dwelling Improve- 
 ment Act, 1875. 
 
 The 33 & 34 Viet. c. 78, Tramways Act, 1870. 
 
 The 37 & 38 Viet. c. 67, Slaughterhouses (Metropolis) Act, 1874. 
 
 The 34 & 35 Viet. c. 113, Metropolis Water Act, 1871 (to be construed 
 as one with the Act of 1852). 
 
 The 35 & 36 Viet. c. 38, Infant Life Protection Act, 1872. 
 
 The 40 & 41 Viet. c. 68, Destructive Insects Act, 1877. 
 
 The 28 & 29 Viet. c. 83, Act for regulating the use of locomotives on 
 turnpike and other roads, amended by 41 & 42 Viet. c. 77. 
 
 For a reference to the Acts confirming schemes prepared under the 
 Artizans and Labourers Dwellings Improvement Act, 1875, for the improve- 
 ment of unhealthy areas, see note to section 6 of that Act, post, appendix. 
 
 By 31 and 32 Viet. c. 80, Metropolitan Subways Act, 1868, the board 
 are authorized to require companies to lay pipes for water, gas, &c., in the 
 subways. 
 
 The 41 & 42 Viet. c. 29, Monuments (Metropolis) Act, 1878, invested 
 them with powers for preserving and maintaining the obelisk known as 
 Cleopatra's Needle, and other monuments, and for effecting other objects. 
 
 Most of the Acts above referred to are printed in the appendix; see 
 24 & 25 Viet. c. 42, Coal and Wine Duties Continuance Act, 1861, post 
 appendix, and reference' in notes to that Act, to 26 & 27 Viet., the 
 Coal & Wine Duties Con. Act, 1863, 31 Viet. c. 17, Coal & Wine Duties Con. 
 Act, 1868, and 32 & 33 Viet. c. 19, Kew and other Bridges Act, 1869, incor- 
 porating a joint committee to consist of six members of the corporation of 
 London and six members of metropolitan board for the purpose of ac- 
 celerating the period for freeing from toll the bridges specified, with power 
 to raise money to be applied to that object, and 37 & 38 Viet. c. 21, 
 C2
 
 20 
 
 Section 43. 
 
 Three mem- 
 bers of metro- 
 politan board 
 to he elected 
 for the city. 
 
 Vestries of 
 single parishes 
 and district 
 
 elect mem- 
 bers of the 
 metropolitan 
 hoard. 
 
 Boards for 
 districts of 
 Plumstead 
 and Lewis- 
 ham united 
 for electing a 
 memher of 
 metropolitan 
 board. 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 a common seal (a), and sue and be sued, and have power and authority 
 (without any license in mortmain) to take, purchase, and hold land 
 for the purposes of this Act. 
 
 44. The mayor, aldermen, and commons of the city of London, in 
 common council assembled, shall, on the 12th day of December, 
 1855, elect three persons to be members of the said metropolitan 
 board, and shall, when any member of such board elected by the 
 said mayor, aldermen, and commons dies, resigns, or otherwise ceases 
 to be such member, elect some person in his place (6). 
 
 45. The vestry of each of the parishes mentioned in the first part 
 of the said schedule (A.) shall, at a meeting of such vestry to be 
 holden on the 12th day of December, 1855, elect two persons to be 
 members of the said metropolitan board of works ; and the vestry of 
 each of the parishes mentioned in the second part of the said schedule 
 (A.) except the parish of Kotherhithe, and the board of works for 
 each of the districts mentioned in the first part of the said schedule 
 (B.), shall, at a meeting of such vestry and board respectively to be 
 holden on the last-mentioned day, elect one person to be a member of 
 the said metropolitan board ; and every such vestry and board shall, 
 when any member of such metropolitan board, elected by such 
 vestry or board, dies, resigns, or otherwise ceases to be such member, 
 elect a person to be a member of the said metropolitan board in the 
 place of the member so dying, resigning, or otherwise ceasing to be 
 such member. 
 
 46. The districts of Plumstead and Lewisham, mentioned in the 
 second part of the said schedule (B.), shall be united for the purpose 
 of electing from time to time a member of the metropolitan board of 
 works ; and the boards of works for such districts shall, at a joint 
 meeting of such boards, to be held on the said 12th day of December, 
 1855, at the place of meeting of the board of works for the district of 
 Plumstead, elect a person to be a member of the said metropolitan 
 board ; and when any member of such board elected by the boards 
 of works for the said united districts dies, resigns, or otherwise ceases 
 to be such member, such boards of works shall, at a joint meeting of 
 such boards to be holden at the place aforesaid, elect some person in 
 his stead ; and such meeting shall be convened as follows ; that is to 
 say, the clerk of the board of works for the district of Plumstead 
 shall communicate with the clerk of the board of works for the dis- 
 
 Kew and other Bridges Act,'.1869, Amendment Act, 1874, which authorized 
 the raising of an additional sum for the same purpose. 
 
 The 31 & 32 Viet. c. 154, Lea Conservancy Act, 1868, for the preserva- 
 tion and improvement of the River Lea, incorporates a board of con- 
 servancy to consist of 13 members, one to be appointed by the metropolitan 
 board. By 40 & 41 Viet. c. 17, Metropolitan Bridges Act, 1877, the 
 board are required to extinguish the tolls on the bridges over the 
 Thames, and that over Deptford Creek, and hereafter to maintain such 
 bridges. 
 
 For an enumeration of the new streets and thoroughfares, and other 
 improvements carried out by the board under the powers conferred by, 
 and statutes obtained under, the 144th section of this Act and the 75th 
 section of the Metropolis Management Amendment Act, 1862, refer to note 
 to the first-mentioned section, post. 
 
 (a) See note to section 149, post. 
 
 (bj See sections 54, 55.
 
 18 & 19 VICT. c. 120, ss. 46-49. 2t 
 
 trict of Lewisham, and arrange with him the time of such meeting Section 46. 
 
 of the boards of works for such districts ; and when such arrange- 
 
 ment has been made, notice of the time, place, and object of such 
 
 meeting shall be given by such clerks respectively in manner required 
 
 for notices of special meetings of the boards for such districts ; and 
 
 every election to be made as aforesaid by the said boards shall be 
 
 determined by the votes of the majority of the members thereof 
 
 present at the meeting ; and every such meeting shall, before pro- 
 
 ceeding to the election, choose a chairman, who shall preside thereat, 
 
 and shall, in case of an equality of votes for two or more persons, 
 
 have a second or casting vote. 
 
 47. The parishes of Rotherhithe, Saint John, Horselydown, Saint The parish of 
 Olave, and Saint Thomas, Southwark, shall be united for the purpose Rotherhithe 
 of electing from time to time a member of the metropolitan board of and district 
 works ; and the vestries of such several parishes shall, at a joint , of bt. Olave 
 meeting of such vestries to be holden on the said 12th day of. umt f. 
 December, 1855, at the place of meeting of the vestry of the parish J^Tf * f 
 of Saint Olave, elect a person to be a member of the said metropo- the metropo . 
 litan board ; and when any member of the said board elected by 
 
 such vestries dies, resigns, or otherwise ceases to be such member, 
 such vestries shall, at a joint meeting of such vestries to be holden 
 at the place aforesaid, elect some person in his stead ; and such 
 meeting shall be convened as follows ; that is to say, the vestry 
 clerk of the parish of Saint Olave shall communicate with the vestry 
 clerks of the said other parishes, and arrange with them the time of 
 such meeting ; and when such arrangement has been made, notice of 
 the time, place, and object of such meeting shall be given by the 
 respective vestry clerks of all the said parishes in manner required 
 for notices of vestry meetings ; and every election to be made as 
 aforesaid by the said vestries jointly shall be determined by the votes 
 of the majority of the members thereof present at the meeting; and 
 every such meeting shall, before proceeding to the election, choose 
 a chairman, who shall preside thereat, and shall, in case of an 
 equality of votes for two or more persons, have a second or cast- 
 ing vote. 
 
 48. One third of the members first elected as aforesaid of the As to the 
 metropolitan board of works shall go out of office on the second term of 
 Wednesday in June, 1857, one other third of them on the second omce of 
 Wednesday in June, 1858, and the remaining third on the second members of 
 Wednesday in June, 1859 ; and such first elected members shall m etropoli tan 
 determine by lot among themselves which of them shall constitute electee 
 the one third to go out of office in the years 1857 and 1858 re- J io J an d as" 
 spectively; and all members of the said board elected to supply any ^ ft^m^ 
 vacancy occasioned by any member's going out of office by the expira- e i ec tions. 
 tion of his term of office shall go out of office on the second Wednes- 
 
 day in June in the third year next following the year of his election; 
 and every member of the said board elected to supply any other 
 vacancy shall go out of office when the term of office of the member 
 in whose place he is elected would have expired by effluxion of 
 time. 
 
 49. The members first elected of the metropolitan board of works mem b er8 O f 
 
 shall meet at such time and place as one of Her Majesty's principal metropolitan 
 
 secretaries of state shall by notice in the London Gazette appoint board to 
 
 in this behalf, and shall at such meeting, or some meeting to be e i e ct a 
 
 holden by adjournment thereof (which it shall be competent for the chairman.
 
 22 
 
 Section 49. 
 
 As to ap- 
 pointment of 
 chairman on 
 any vacancy. 
 
 Powers of 
 metropolitan 
 board to be 
 exercised at 
 
 not less than 
 nine mem- 
 bers being 
 present. 
 
 Meetings of 
 the metropo- 
 litan board. 
 
 METBOPOLIS LOCAL MANAGEMENT. 
 
 members present to appoint), elect a chairman of the said 4 board, and 
 shall also decide upon the amount of salary to be paid to such chair- 
 man, such salary not to be less than 1,500 and not to exceed 2,000 
 per annum ; and such members, before proceeding at any such meet- 
 ing to such election, or to determine the amount of such salary, shall 
 choose from among the members present a chairman of such meet- 
 ing, and such election of the future chairman of the board shall be 
 determined by the votes of the majority of the members present, and 
 in case of an equality of votes the chairman of the meeting shall 
 have a second or casting vote ; and any person may be elected as 
 aforesaid, whether he be or be not a member of the said board ; and 
 such chairman shall be subject to be removed by a resolution agreed 
 to by two-thirds of the members present at any meeting specially 
 convened for considering the question of such removal ; and in case 
 any elected member of the said metropolitan board be appointed 
 chairman thereof, he shall thenceforth be a member thereof by virtue 
 only of his office of chairman, and his place as an elected member 
 shall become vacant, and another shall be elected in his stead. 
 
 50. Upon every vacancy in the office of chairman of the said 
 metropolitan board a new chairman shall be appointed, and his 
 salary fixed, in manner hereinbefore mentioned, save that the appoint- 
 ment of such chairman may be made at any such meeting as may be 
 provided in this behalf by the regulations for the time being of the 
 said metropolitan board. 
 
 51. All powers and duties vested in the metropolitan board of 
 works may be exercised and performed at any meeting (a) of such 
 board at which not less than nine members of the board are present ; 
 and at every such meeting all questions shall be determined by the 
 votes of the majority (6) of the members present ; and such board 
 may act notwithstanding any vacancies therein, and notwithstanding 
 any omission to elect any member or members of such board in pur- 
 suance of this Act, but such board shall not be deemed to be con- 
 stituted until the first election of a chairman of such board under 
 this Act. 
 
 52. The first meeting of the said metropolitan board shall be 
 holden at such time and place as the chairman may appoint, of which 
 notice in writing, signed by such chairman, shall be given to each 
 elected member of the said board, two clear days at the least (c) 
 before the time of such meeting ; and the said board may meet at 
 such times and places as they may from time to time appoint ; and a 
 special meeting of the said board may be convened by the chairman 
 of the said board, or by the clerk thereof, upon the requisition in 
 writing of the chairman or any five members of the board, by a 
 notice to the several members thereof, two clear days at the least 
 
 (a) By section 202 the metropolitan board, and vestries, and district 
 boards are empowered to make bye-laws for, amongst other purposes, regu- 
 lating the business and proceedings at their meetings and those of com- 
 mittees ; and by section 23 of 25 & 26 Viet. c. 102, post, resolutions of the 
 metropolitan board, authorizing an expenditure amounting to or exceeding 
 20,000, are not to be valid unless confirmed at a subsequent meeting. 
 
 (6) As to what constitutes a majority, see note to section 28, ante. 
 
 (c) This means two clear days exclusive of the day on which the notice 
 is given, and of the day on which the meeting is to be held. See Norton 
 T. Town Cleric of Salisbury, 4 C. B. 32.
 
 18 & 19 VICT. c. 120, ss. 5254. 23 
 
 before the time of meeting, such notice to be signed by the chair- Section 52. 
 man or clerk convening the meeting, and to specify the object (d) 
 
 thereof. 
 
 53. The chairman of the metropolitan board of works for the time Chairman to 
 being elected under this Act shall preside at every meeting of such preside at 
 board at which he is present ; and in case of a vacancy in the office meetings, 
 of such chairman, or in his absence, some other member of such board * n case ^ 
 shall be chosen to preside thereat ; and in case there be an equal vacancy, &c., 
 number of votes upon any question, the chairman presiding at the a temporary 
 meeting shall have a second or casting vote. tecbSen ^ 
 
 Proceedings concerning Constitution, Procedure, and Officers of 
 Metropolitan and District Boards and Vestries. 
 
 54. In case any member of the metropolitan board of works, or of Disqualifies- 
 any district board of works, or of any vestry for any parish men- tions of 
 tioned in schedule (A. ) or (B.) to this Act, or any auditor of the members of 
 accounts of any such board or vestry, be declared bankrupt, or apply metropolitan 
 to take the benefit of or become subject to any Act for the relief board of 
 
 of insolvent debtors, or compound with his creditors (e), or accept district 
 
 or hold any office (/ ) under the board or vestry of which he is a boards, of 
 
 member, or of whose accounts he is auditor, other than, in the case of ves tri e8 / ' 
 
 any such auditor, his office of auditor, or in any manner be con- F"" 181168 ln 
 
 (d) As to sufficiency of statement of special purposes for which meeting 
 of vestry held, see Blunt v. Harwood, 8 A. & E. 610; Smith v. Deighton, 
 8 Moore, P. C. 179. 
 
 (e) The introductory words in the 19th section of the Public Health Act, 
 11 & 12 Viet. c. 63, " No bankrupt, insolvent, or other person, not qualified 
 as aforesaid, shall be capable of being elected," &c., do not occur in this 
 section, and the enactment merely enumerates the events in which a member 
 after election shall cease to be a member. The Public Health Act, 1875, 
 sch. 2, r. 5, disqualifies for election, on a local board, a person who is a 
 bankrupt, or whose affairs are under liquidation by arrangement, or who 
 has entered into any composition, &c., so long as any proceedings in relation 
 to such bankruptcy, &c., are pending, and r. 64- of the same schedule 
 describes the events working the disqualification of elected members of 
 boards. It was held under 5 & 6 Will. 4, c. 76, that a bankrupt who had 
 not obtained his certificate was not disqualified from being elected as a 
 town councillor; R. v. Chitty, 5 A. & E. 609. Where under the 
 Municipal Corporation Act a town councillor compounded with his creditors 
 and resigned, and the council without declaring the office void elected him 
 again, the election was held invalid ; Hardioick v. Brown, L. R. 8 C. P. 
 406. The term " insolvency" operating as a disqualification under a bye- 
 law of a corporation was held to mean public or notorious insolvency as by 
 stopping in business, calling creditors together, or entering into a deed of 
 composition ; R. v. Saddlers' Co., 28 J. P. 36. 
 
 (/) This clause does not use the expression " of profit," occurring in the 
 28th section of 5 & 6 Will. 4, c. 76, and in the 9th section of the Com- 
 missioners' Clauses Act, 1847. As to the term " holding an office" within 
 the meaning of articles of association of a Joint Stock Company, see 
 Iron Ship, %c., Company v. Blunt, L. R. 3 C. P. 484, and as to the 
 liability of a trustee of a turupike road accepting the office of treasurer ; 
 Delane v. Hillcoat, 9 B. & C. 310. The appointment by directors of a 
 joint stock company, registered under the Act of 1856, of one of their own 
 number as a salaried officer was held valid under the Act and at common 
 law ; Eales v. Cumberland Blacklead Co., 30 L. J. Ex. 141.
 
 24 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 schedule (A.) 
 and (B.), and 
 of auditors. 
 
 Section 54. cerned or interested in any contract or work (a) made with or executed 
 for such board or vestry, in every such case such person shall cease to 
 be such member or auditor as aforesaid : Provided always, that no 
 person being a shareholder of any joint stock company shall be dis- 
 abled from continuing or acting as a member of any such board or 
 vestry by reason of any contract between such company and such 
 board or vestry, or of any work executed by such company ; but no 
 such member shall vote upon any question in which such company is 
 interested ; and any person who acts as a member of any such board 
 or vestry, or as auditor of the accounts thereof, after ceasing to be 
 such member or auditor as aforesaid, or who, being a shareholder in 
 any joint stock company, votes upon any question in which such 
 company is interested, and any person who acts as a member of any 
 such vestry as aforesaid without being qualified by rating and occu- 
 pation as required by this Act, shall for every such offence be liable 
 to a penalty of ,50 (b), which may be recovered by any person who 
 may sue for the same in any of the superior courts of law, with full 
 costs of suit : Provided also, that all acts and proceedings of any 
 person ceasing to be such member or auditor, or disabled from acting 
 as aforesaid, shall, if done previously to the recovery of such penalty, 
 be valid and effectual to all intents and purposes whatsoever. 
 
 Members ol gg ^ ny mem ]5 er O f t ^ e metropolitan board of works, or of any 
 
 dd' P t ' t vestr y elected for anv P arish mentioned in schedule (A.) or (B.) to 
 
 this Act, or of the board of works for any district, may at any time 
 
 (a) Where, in an action for penalties against a town commissioner, under 
 a local Act, incorporating the Commissioners' Clauses Act, 1847, 10 & 11 
 Viet. c. 16, a "bill addressed by the defendant to the commissioners for lime 
 which he had supplied was produced, it was held to be evidence for the jury 
 that the defendant was concerned in a contract within the 10 & 11 Viet. 
 c. 19, s. 6 ; Nicholson v. Fields, 31 L. J. Ex. 233. This case was 
 distinguished from Woolley v. Kay (infra), where it was apparently the 
 opinion of the court that a mere casual dealing would not be a contract for 
 furnishing, supplying, or selling ; per Pollock, C. B. ibid. See Woolley v. 
 Kay ; 25 L. J. Ex. 351 ; 1 H. & N. 307. In Le Feuvre v. Lankester, 23 L. 
 J. Q. B. 254; 3 Ell. & Bl. 230, it was decided that an alderman of a 
 borough who had openly and bond fide supplied some iron railings to a 
 person contracting with the local board, was not liable to the penalty 
 imposed by 5 & 6 Will. 4, c. 76, s. 28. Under section 28 of the Municipal 
 Corporation Act the disqualification of an alderman who has an interest in 
 a contract with the council, only applies during the continuance of the con- 
 tract, and he incurs no penalty by acts done after its termination ; Lewis v. 
 Carr, L. R. 1 Ex. D. 484. A surveyor receiving a commission from the 
 manufacturer of bricks sold for works under the Public Health Act, 1848, 
 but not under a contract with the board, was held competent to make an 
 apportionment of the expenses; Wednesbury Local Board of Health v. 
 Stevenson, 27 J. P. 741. See also Foster v. Oxford Sfc., Railway Co., 
 Webb v. Commissioners of Herne Say, L. R. 5 Q. B. 642, and Imperial 
 Mercantile Credit Association v. Coleman, L. R. 6 Ch. 558 ; H. of Lords 
 189. For decisions on provisions in statutes relative to workhouses, &c., see 
 Greenhow v. Parker, 31 L. J. Ex. 4; West v. Andrews, 5 B. & Aid. 328; 
 Proctor v. Mainwaring, 3 B. & A. 145 ; Towsey v. White 5 B. & C. 
 125 ; Henderson v. Sherborne, 2 M. & W. 236 ; Barber v. Waite, 1 A. 
 & E. 514. 
 
 (i) See the case of Goodhew v. Williams, cited in note to section 6, ante, 
 where it was held that the liability to this penalty was not taken away by 
 the provision in the 4th section of the Amending Act 19 & 20 Viet. 
 c. 112.
 
 18 & 19 VICT. c. 120, ss. 5558. 2< 
 
 resign his office, such resignation of any member of the metropolitan Section 55 
 
 board of works to be notified in writing signed by such member to 
 
 the chairman of such board, and such resignation of any vestryman 
 
 or member of any such district board to be notified in writing signed 
 
 by such vestryman or member to the churchwardens of the parish 
 
 for which he was elected. 
 
 56. Any member of the metropolitan board of works, or of any 
 district board of works, or of any such vestry, going out of office, 
 shall, if qualified, be capable of immediate re-election. 
 
 57. No resolution or other act of the metropolitan board of works, 
 or of the board of works for any district, or of any such vestry, shall 
 be revoked or altered at any subsequent meeting, unless such sub- 
 sequent meeting be specially convened for the purpose (c), nor unless 
 such revocation or alteration be determined upon by a majority con- 
 sisting of two-thirds of the members of the board, or of the vestrymen 
 present at such subsequent meeting, if the number of members or 
 vestrymen present at such subsequent meeting be not greater by one- 
 fifth than the number present when such resolution was made or 
 such act was done, but if the number of members or vestrymen pre- 
 sent at such subsequent meeting be greater by one-fifth than the 
 number present at such former meeting, then such revocation or 
 alteration may be determined upon by a mere majority. 
 
 boards, and 
 of vestries 
 of parishes 
 in schedule 
 (A.) or (B.), 
 may resign. 
 Retiring 
 members of 
 boards and 
 vestries may 
 be re-elected. 
 No resolu- 
 tion of me- 
 tropolitan or 
 any district 
 board, or of 
 any vestry, 
 to be revoked 
 at a subse- 
 quent meet- 
 ing, unless 
 under certain 
 circum- 
 stances. 
 
 58. It shall be lawful for the metropolitan board of works, and Committees 
 me board of works for any district, and any such vestry respectively, mav ^ e a P~ 
 to appoint a committee or committees for any purposes which, in pointed. 
 
 the discretion of the board or vestry, would be better regulated and 
 managed by means of such committee, and at any meeting to con- 
 tinue, alter, or discontinue such committee : Provided always, that 
 
 (c) As to mode of convening a special meeting in the case of the 
 metropolitan board, see section 52, ante ; of vestries, see the Amending 
 Act of 1856, the 19 & 20 Viet. c. 112, s. 9, post; and of district boards, 
 section 40, ante. Where at one meeting it was resolved that the name 
 of a street should be altered, and at a subsequent meeting the name was 
 again altered, the latter meeting not having been specially convened in 
 conformity with this enactment, the second resolution was held invalid ; 
 Sooby \. Vestry of Kensington, 35 J. P. 343, and by the court, "the object 
 of the section was to prevent the revocation or alteration of a former order 
 without adequate public notice." Where a metropolitan vestry resolved to 
 pave a street out of the general rate under section 106, and by a subsequent 
 resolution determined to proceed under section 105, imposing the cost of the 
 work on the owners of property, it was decided to be unnecessary to 
 rescind the first resolution ; Vestry of St. George the Martyr v. Pethe- 
 Iridge, 31 J. P. 279. Where a bye-law under the Public Health Act, 1848, 
 provided that no resolution should be altered or rescinded without a month's 
 notice to each member of the board setting forth the proposed alteration, 
 and the local board having passed a resolution for the making of three 
 separate rates, by a subsequent resolution decided on making one general 
 rate without the notice directed by the bje-law, the general rate was 
 held invalid; Meyer v. Burslem, 39 J. P. 437. Semble, that a resolution 
 of a looal board of health dismissing an officer was not a resolution rescind- 
 ing the resolution by which he was appointed within the meaning of a 
 bye-law relative to the rescission of resolutions; Ex parte Richards, L. R. 
 3 Q. B. D. 368. See R. v. Jones, 42 J. P. 614, and R. v. Mayor of Ryde, 
 8 Cox. Mag. Ca. 185.
 
 26 
 
 METROPOLIS LOCAL MANAGEMENT, 
 
 and district 
 boards and of 
 vestries to be 
 entered. 
 
 Section 58. the acts of every such committee shall be submitted to the general 
 body of the board or vestry appointing such committee for their ap- 
 proval (a). 
 
 Powers of 59 Every committee so appointed may meet from time to time, 
 
 committees. an( j mav adjourn from place to place, as they may think proper, for 
 carrying into effect the purposes of their appointment ; but no busi- 
 ness shall be transacted at any meeting of the committee unless three 
 members of the committee are present. 
 
 Minutes of 60. Entries of all proceedings of the metropolitan board of works, 
 
 proceedings of and every such district board, and of any such vestry, with the 
 metropolitan names of the members who attend each meeting, shall be made in 
 books to be provided and kept for that purpose (b) under the direc- 
 tion of the board or vestry, and shall be signed by the members pre- 
 sent, or any two of them ; and all entries purporting to be so signed 
 shall be received as evidence, without proof of any meeting of the 
 board or vestry having been duly convened or held, or of the pre- 
 sence at any such meeting of the persons named in any such entry as 
 being present thereat, or of such persons being members of the board 
 or vestry, or of the signature of any person by whom any such entry 
 purports to be signed, all which matters shall be presumed until the 
 contrary be proved ; and every such board and vestry shall provide 
 and keep books in which shall be entered true and regular accounts 
 of all sums of money received and paid by them or under their 
 authority, and of all liabilities incurred by them, and of the several 
 purposes for which such sums of money are received and paid and 
 such liabilities incurred, and copies of all contracts entered into by 
 any such board or vestry. 
 
 All books to 61. All such books shall at all reasonable times be open to the ex- 
 
 be open to amination of every member of the board and vestry respectively to 
 inspection which such books belong, and of every owner of property, church- 
 warden, overseer, and ratepayer within the metropolis, as regards 
 books of the said metropolitan board, and of every owner of pro- 
 perty, churchwarden, overseer, and ratepayer within any district or 
 parish, as regards books belonging to the district board or vestry 
 (as the case may be), and of every creditor on the rates raised under 
 this Act by any such board or vestry respectively, without fee or 
 reward, and they respectively may take copies of or extracts from 
 such books or any part thereof, without paying for the same ; and 
 in case the members of the board or vestry, or any of them, or any 
 of the officers or servants of the board or vestry having the custody 
 of the said books, being thereunto reasonably requested, refuse to 
 
 (a) That part of this section which provides that the acts of every com- 
 mittee shall be submitted to the general body for approval is repealed' so far 
 as concerns the metropolitan board, and other provisions are substituted ; 
 25 & 26 Viet. c. 102, s. 31, post. Where a committee appointed under an 
 authority given by the Land Drainage Act, 1861, delegated its duties to a 
 committee of three members, it was decided that every act must be the 
 joint act of the three, and it was not competent for them to apportion their 
 duties among themselves; Cook v. Ward, L. R. 2 C. P. D. 255 (C. A.) 
 
 (b) In a suit to restrain a local board of health from discharging sewage 
 into a stream, the minute book of the board was, under the circumstances 
 of the case, ordered to be deposited in the Record and Writ Clerks' Office 
 in London; Ait. -Gen. v. Whitwood Local Board, 40 L. J. Ch. 592. See 
 further, S. v. Mayor of York, 1 E. & B. 588.
 
 18 & 19 VICT. c. 120, ss. 6164. 27 
 
 permit or do not permit any such owner of property, churchwarden, Section 61. 
 overseer, ratepayer, or creditor to examine the same, or take any 
 copies or extracts, every such member, officer, or servant so offending 
 shall for every such offence, upon a summary conviction thereof be- 
 fore two justices, forfeit any sum not exceeding 10. 
 
 62. The metropolitan board of works, and (subject to the provi- Power to 
 sions herein contained) the board of works for every district under metropolitan 
 this Act, and the vestry of every parish mentioned in schedule (A.) board, district 
 to this Act, shall respectively appoint or employ, or continue for the boards, and 
 purposes of this Act, and may remove at pleasure, such clerks, trea- vestries to ap- 
 surers, and surveyors, and such other officers and servants as may be P ^ officers 
 necessary, and may allow to such clerks, treasurers, surveyors W" 
 officers, and servants respectively, such salaries and wages as the 
 
 board or vestry may think fit. 
 
 63. No person holding the office of treasurer under the metropoli- Clerk and 
 tan board, or any district board, or any such vestry, nor his partner, treasurer not 
 nor any person in the service or employ of them or either of them, 
 
 shall hold, be eligible to, or in any manner assist or officiate in the same P erson> 
 office of clerk (d) ; and neither the person holding the office of 
 clerk, nor his partner, nor any person in the service or employ of 
 them or either of them, shall hold, be eligible to, or in any manner 
 assist or officiate in the office of treasurer ; and every person offend- 
 ing in any of the cases specified in this provision shall forfeit and 
 pay the sum of .100, which may be recovered by any person, with 
 full costs of suit, by action in any of the superior courts of law. 
 
 64. No officer or servant of the metropolitan board, or of any Penalty on 
 district board or any such vestry, shall be in anywise concerned or officers, &c., 
 interested in any contract or work made with or executed for such being inter- 
 board or vestry (e) ; and if any such officer or servant be so con- ested in con- 
 cerned or interested, or, under colour of his office or employment, tracts, or ex- 
 exact, take, or accept any fee or reward whatsoever other than his actin g fees- 
 proper salary, wages, and allowances (/) he shall be incapable of 
 
 (<?) See continued employment not under seal by anew corporation, of 
 an attorney retained under seal by the old corporation; Mallam v. 
 Guardians of Poor of Oxford, 2 E. & E. 192. And as to the authority of 
 Commissioners under a local Act to employ an attorney, Sail v. Taylor, 
 Ell. Bl. & Ell. 107. 
 
 (d) See as to the employment of the clerk of a clerk as assistant trea- 
 surer ; Hawkings v. Newman, 4 M. & W. 613. And as to proceedings for 
 penalties under the Municipal Corporation Acts, 1835 and 1861, against 
 borough justices for appointing as their clerk a person who was clerk of the 
 peace for the county, refer to Brown v. Downs, 10 Cox Mag. Ca. 444. 
 
 (e) See note to section 54, ante, as to what is a contract within that sec- 
 tion. The supply of bricks for use of a local board of health, of which 
 their surveyor was the patentee, was decided not to be an illegal contract 
 within the Public Health Act, 1848 ; Wednesoury v. Stevenson, 27 J. P. 
 741. 
 
 (/) Gratuities to officers paid out of rates were held unlawful, Ex parte 
 Hellish, 8 L. T. (N.S.) 47. It was decided that the poor law board might, 
 in awarding compensation to the clerk of a dissolved union, a solicitor, 
 take into consideration advantages collateral to his employment as clerk 
 such as payments for professional charges in legal proceedings ; R. v. Poor 
 Law Board, 41 L. J. M. C. 16. 
 
 The words " exaction, &c., under colour of his office," do not apply to 
 extra services, such as extra remuneration to a surveyor of a local board
 
 28 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 64. afterwards holding or continuing in any office or employment under 
 such board or vestry, and shall forfeit and pay the sum of .50, 
 which may be recovered by any person, with full costs of suit, by 
 action in any of the superior courts of law ; provided that 110 person 
 being a shareholder of any joint stock company shall be prevented 
 from being employed as an officer or servant by reason of any con- 
 tract between such company and such board or vestry, or of any 
 work executed by such company. 
 
 Officers, &c., 55 B e f ore an y officer or servant as aforesaid enters upon any office 
 
 usteci with or em pi y men t under this Act, by reason whereof he will or may be 
 
 oney to give i ntruste( j w i tn t he custody or control of money, the board or vestry 
 
 shall require and take from him such security (a) for the faithful 
 
 for work not falling within his ordinary duties ; R. v. Gloucester, 33 L. T. 
 (s.s.) 145. 
 
 (a) See as to what constitutes the forfeiture of a hond for the due pay- 
 ment of monies received by a railway clerk, London Brighton and South 
 Coast Railway Company v. Goodioin,3 Ex. 736. Where the duties of an 
 office are essentially changed and the risk of the surety increased, the 
 surety will be discharged ; Pybus v. Gibbs, 26 L. J. *Q. B. 41. The 
 liability of a surety for an assistant collector of poor rates was held to be 
 discharged by the subsequent appointment of the latter to another office 
 by reason that the offices were incompatible ; Mailing Union v. Graham, 
 L. R. 5 C. P. 201 ; and by the continued employment, without the know- 
 ledge of the surety, of a person who had committed embezzlement, see 
 Phillips v. Foxall, L. R. 7 Q. B. 666 ; see also Halifax Union v. Wheel- 
 wright, 44 L. J. Ex. 121; and Sanderson v. Aston, I*. R. 8 Ex. 73; so 
 also the surety of a contractor for works where another surveyor was 
 associated with the surveyor of the local board without the knowledge of 
 the surety; Stiff" v. Local Board of Eastbourne, 19 L. : T. (N.S.) 408; and 
 by the execution of a deed by a principal, conveying his estate and effects 
 to the obligee in trust, unknown to the surety ; Gragoc v. Jones, 42 L. J. 
 Ex. 68. And see discharge of surety where time given to the principal 
 without his knowledge; Croydon Gas Company v. Dickens, L. R. 1 
 C. P. D. 707. Where, on the proposal for a policy by a collector of the com- 
 missioners of taxes, inaccurate answers to questions were given respecting 
 the checking of the collector's accounts and the amount to be held in hand 
 at any one time, the lords justices, reversing the decision of one of the 
 vice-chancellors, decided that the policy was void from the beginning, as 
 founded on misrepresentation; Toicle v. Nat. Guar. Assurance Society, 30 
 L. J. Ch. 900 ; and see Anderson v. Fitzgerald, 4 H. L. Ca. 484. 
 
 But the surety of a poor rate collector was held not to be discharged 
 where the collector was transferred to another district, the transfer not 
 amounting to an appointment to a fresh office, or to an essential alteration 
 of his duties; Guardians of the Portsea Island Union v. Whillier, 2 Ell. 
 & Ell. 755 ; nor where changes were effected by certain Acts of Parlia- 
 ment in the duties of a collector of sewers rates which did not amount to 
 an alteration of the office; Skillett v. Fletcher, L. R. 1 C. P. 217. 
 
 And see as to suretyship for the performance of separate and distinct 
 things, Croydon Commercial Gas Company v. Dickens, supra. 
 
 See as to the liabilities of sureties for collectors and other officers on a 
 change of duties and in other events; Bartlett v. the Attorney- General, Par- 
 ker, 277 ; Oswald \. Mayor of Berwick-on-Tweed, 5 H. L. Ca. 856 ; 
 
 25 L. J. Q. B. 383 ; Mayor of Clifton Dartmouth Hardness v. Silly, 
 
 26 L. J. Q. B. 90; Frank v. Edwards, 8 Ex. 214; and see Evans 
 \. Bremridge, 25 L. J. Ch. 102. A guarantee to continue in force 
 until six months notice of discontinuance, is determined by notice of the 
 death of the guarantor ; Harris v. Fawcett, 37 J. P. 437 ; Bradbury v.
 
 18 & 19 VICT. c. 120, s. 65. 29 
 
 execution of such office or employment, and for duly accounting for Section 65. 
 all monies which may be intrusted to him by reason thereof, as they 
 may think sufficient ; and every such officer and servant, as well duly account- 
 during his continuance in office or employment as upon his resigna- in r * e 
 tion, dismissal, or ceasing to hold his office or employment, shall same - 
 respectively, when and in such manner as shall be required by the 
 board or vestry, make out and deliver a true and perfect account, in 
 writing signed by him, of all moneys received by him for the pur- 
 poses of this Act, and stating how, and to whom, and for what pur- 
 pose such moneys have been disposed of, and shall together with 
 such account deliver the vouchers or receipts for all payments made 
 by him, and pay over to the treasurer or such person as the board or 
 vestry may appoint all moneys owing by him ; and if any such officer fail 
 officer or servant fail to render such account, or to produce and cle- to aer ac ' 
 liver up such of the said vouchers and receipts as may be in his co " nt > &c -> 
 possession or power, or to pay over any such moneys as aforesaid, or ^ us ice ., in! ^ 
 if, for the space of five days after being thereunto required, he fail to der to iJJJ 
 deliver up to the board or vestry, or to such person as they may ap- 
 point, all books, papers, writings, property, effects, matters, and 
 things in his possession or power belonging to the board or vestry, 
 then and in every such case a justice shall, on complaint being 
 made to him in that behalf, summon the party charged to appear and 
 answer the complaint before two justices, at a time and place to be 
 specified in the summons (b) ; and upon the appearance of the party 
 charged, or upon proof that the summons was personally served upon 
 him or left at his last known place of abode in England, and if it 
 appear to the last mentioned justices that he has failed to render any 
 such account, or to produce and deliver up any such vouchers or 
 receipts, or any such books, papers, writings, property, effects, mat- 
 ters or things as aforesaid, and that he still fails or refuses so to do, 
 it shall be lawful for them, by warrant under their hands and seal, to 
 commit the offender to gaol (c), there to remain, without bail, until he 
 shall have rendered such account, and produced and delivered up all 
 such vouchers, receipts, books, papers, writings, property, effects, 
 matters, and things in respect of which the charge was made ; 
 and if it appears that the party charged has failed to pay over any Power to levy 
 such moneys as aforesaid, and that he still fails or refuses so to do, it by distress, 
 shall be lawful for the last-mentioned justices, by a like warrant, to 
 cause the same to be levied by distress and sale of his goods and 
 chattels, and in default of any sufficient distress to commit him to 
 
 Morgan, 1 H. & C. 249 distinguished ; and as to liability of a surety where 
 the principal debtor is discharged by a resolution under section 125 of the 
 Bankruptcy Act, 1869, in the same manner as in an ordinary bankruptcy, 
 refer to Ellis v. Wilmot, L. R. 10 Ex. 10. 
 
 (b) But an action for a breach of duty in failing to account may be 
 brought against the defaulter; Mayor, $c., of Lichfield v. Simpson, 8 
 Q. B. 65, where it was decided that the corporation were not restricted to 
 the summary proceedings before justices given by 5 & 6 Will. 4. c. 76. 
 
 (c) In a case under 17 Geo. 2, c. 38, it was decided to be discretionary 
 with the justices whether they would commit to prison an overseer failing 
 to account ; S. v. Justices of Norfolk, 4 B. & Ad. 238. Under a similar 
 section in the Public Health Act, 1875, the imprisonment for a failure to 
 deliver up books is limited to six months. If a collector under a local 
 board refuses to deliver up books, &c., and after notice continues to refuse, 
 the offence is a continuing one, and is not within the limitation of time 
 prescribed by 11 & 12 Viet. c. 43 (Jervis' Act). See Mayer v. Harding, 
 17 L. T. (N.S.) 140 ; and Eeg. v. Martin, L. R. 4 Q. B. 285.
 
 30 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 65. gaol, there to remain, without bail, for a period not exceeding three 
 months, unless such moneys be sooner paid : Provided always, that if 
 the complainant, by deposition on oath, show to the satisfaction of 
 any justice that there is probable cause for believing that the party 
 charged intends to abscond, it shall be lawful for such justice, with- 
 out previous summons, by warrant under his hand and seal, to cause 
 him to be forthwith apprehended ; and in such case the said party 
 shall, within twenty-four hours after apprehension, be brought before 
 the same or some other justice, who may order that he be discharged 
 from custody, if such justice think that there is no sufficient ground 
 for detention, or that he be further detained until he be brought 
 before two justices at a time and place to be named in the order, 
 unless bail to the satisfaction of the justice be given for the appear- 
 ance of the party before such two justices: Provided also, that no 
 such proceeding shall be construed to relieve or discharge any surety 
 of the offender from any liability whatsoever. 
 
 66. The metropolitan board of works and every such district board 
 and vestry respectively shall provide and maintain such offices 
 
 Metropolitan 
 and district 
 boards and 
 vestries to 
 provide proper 
 offices, and 
 cause daily 
 attendance to 
 be given 
 
 within their respective district or parish as may be necessary for the 
 purposes of this Act, and shall take care that their clerk, or some 
 
 Vestry" in 
 following 
 provisions to 
 
 person duly authorised by them in that behalf, attends at their office 
 daily (Sundays, Christmas Day, and Good Friday, and days ap- 
 pointed for any general fast or thanksgiving, alone excepted), for the 
 purpose of receiving notices and transacting the ordinary business of 
 the board or vestry under this Act. 
 
 Duties and Powers of Vestries and District Boards (a). 
 
 67. Where in the provisions hereinafter contained any expression 
 is used referring to the vestry of a parish, such expression shall be 
 
 (a) Other enactments have considerably extended the powers and duties 
 of metropolitan vestries and district boards. Among the more important 
 of these must be mentioned the Metropolis Gas Act, 1860, 23 & 24 Viet. 
 c. 125, conferring various powers on those bodies in relation to the supply 
 of gas, and by the 4th section of which Act they are with the metropolitan 
 board included under the expression " local authority," which definition is 
 substantially repeated in subsequent special Acts relating to particular gas 
 companies which, however, as to those Acts, repeal various provisions of the 
 Act of 1860, and materially vary others. By 25 & 26 Viet. c. 102, s. 73, the 
 power of improving and regulating streets, and for the suppression of 
 nuisances contained in 57 Geo. 3, c. 29, are extended to the metropolis. The 
 26 Viet. c. 13, Gardens in Towns Protection Act, 1863, contains provisions for 
 placing, in certain events defined by the Act, gardens and ornamental 
 grounds under the charge of vestries and district boards. By section 134 
 of this Act, they are the authorities for executing the Nuisances Removal 
 Acts, and so also under the Sanitary Act, 1866, which enlarges the 
 definition of the expression " nuisance" and contains various new provisions 
 for enforcing sanitary measures. It also empowers them, on complying with 
 the directions of the 35th section, to make regulations relative to houses let 
 out in lodgings, or occupied by members of more than one family. By the 
 47th section of the Metropolis Management Amendment Act, 1862, all 
 persons, other than vestries or district boards, intending to branch sewers 
 into the sewers of the last-mentioned bodies must apply for the previous 
 sanction of the vestry or district board, who, by section 48, before sanctioning 
 the construction of such sewers, are required to submit the plans and sections 
 thereof to the metropolitan board for approval ; and by section 62 of the same 
 Act, in conjunction with section 103 of this Act (1855), district surveyors 
 under the Metropolitan Building Act, 1855, are required to report to the
 
 18 & 19 VICT. c. 120, s. 67, 68. 31 
 
 construed as referring only to the vestry of a parish mentioned in Section 67. 
 schedule (A.) to this Act, unless such construction be repugnant to 
 
 the context. ^ 
 
 of a parish 
 
 68. Upon the commencement of this Act all sewers vested in the ^schedule 
 
 Sewers (ex- 
 
 metropolitan and district boards and vestries as to underground rooms ce m a" m 
 occupied as dwellings. They are the local authorities for their parishes and f ewer sj vested 
 districts for the purposes of 31 & 32 Viet. c. 130, the Artizans and in J e ^.^, 
 Labourers Dwelling's Act, 1868 ; and by 38 & 39 Viet. c. 36, the Artizans ?; nd T 8 ^ 
 and Labourers Dwelling's Improvement Act, 1875, their medical officers of boards (") 
 health are authorized to make official representations to the local authority v 
 with a view to improvement schemes under that Act. They are the " road 
 authority" for the purposes of 33 & 34 Viet. c. 78, the Tramways Act, 
 1870. They are included among the bodies, &c., on whom notices must be 
 served before any license for the use of any place as a slaughter-house or 
 cow-shed is granted by justices at special sessions under the 93rd section of 
 the Metropolis Management Amendment Act, 1862, to the intent that they 
 may, if they see fit, show cause against the grant of the license. By 38 & 39 
 Viet. c. 63, the Sale of Food and Drugs Act, 1875, they are within the 
 metropolis (exclusive of the City of London and liberties thereof) authorized 
 to appoint analysts of all articles of food and drugs sold within their 
 districts, &c., with a power to their medical officer of health or sanitary 
 inspector (amongst others) to proceed for penalties in case of offences 
 against the Act. They are the " sanitary authority" for their parishes and 
 districts for the purposes of the 39 & 40 Viet. c. 75, the Rivers Pollution 
 Prevention Act, 1876, which defines such authority in the metropolis as 
 any local authority acting in the execution of the Nuisances Removal for 
 England Act, 1855, and the Acts amending the same. They were the local 
 authority under the 26 & 27 Viet. c. 40, the Bakehouses Regulation Act, 
 1863, but that Act was repealed by the 41 & 42 Viet. c. 16, Factory and 
 Workshops Act, 1878, which by section 96 defines the term " sanitary 
 authority" to mean any commission, board, or vestry in the metropolis 
 having the like powers as urban or rural sanitary authorities within the mean- 
 ing of the Public Health Act, 1875, and contains enactments relating to 
 the objects provided for by the repealed Act. They are also authorized 
 to adopt proceedings within their parishes and district for the protection of 
 highways, sewers and drains, and other property under provisions contained 
 in special Acts, conferring upon companies and other bodies powers for the 
 construction of railway bridges, the formation of new streets, roads, and 
 various other objects. 
 
 (J) The effect of this section, in conjunction with section 135, is to vest in 
 the metropolitan board the main sewers enumerated in schedule (D.) to the 
 Act, including the main sewers of the city of London, and all other sewers 
 within the parishes mentioned in schedules (A.) and (B.) in the vestries and 
 district boards. All sewers within the city of London other than the main 
 sewers specified in schedule (D.) remain vested in the commissioners of 
 sewers of the city, who retain all powers relative to sewerage under the 
 City of London Sewers Act, 1848, (11 & 12 Viet. c. 163) which are not 
 transferred to the metropolitan board by virtue of this Act. The sewers 
 existing at Woolwich at the time of the passing of this Act were vested in 
 the local board of health, constituted under the Public Health Act, who, by 
 section 238 of this Act, are made subject to the orders of the metropolitan 
 board in relation to sewerage and other matters in the same manner as 
 vestries. None of the main sewers mentioned in schedule (D.) are in that 
 parish, and any future sewers which may be made, either by the metro- 
 politan or local board of health, will be vested in the respective bodies, 
 subject to the power of adoption by the former under the provisions of this 
 Act. Those sewers, belonging to the metropolitan commissioners, which are 
 situate in districts without the limits of the metropolis as at present 
 defined, are excepted from the property transferred by section 148, The
 
 32 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 68. 
 
 word " sewer" applies to the subject matters specified in the 350th section 
 Note. of this Act, as extended by the 112th section of 25 & 26 Viet. c. 102. See 
 
 observations of Kindersley, V.C., in Sulton v. Mayor, fyc., of Norwich, 27 
 L. J. Ch. 739, as to the meaning of the word " sewer." It originally 
 meant a sea-wall, weir, dam, or defence against tides and inundations, or, 
 according to others, a trench supported by banks for carrying fresh waters 
 into the sea. According to the case of the Poplar District Board v. 
 Knight, 28 L. J. M. C. 37, the word sewer, as used in the 204th and other 
 sections of this Act, includes the wall and bank of the river Thames, pre- 
 serving the low lands contiguous from inundation. It has, however, long 
 since been extended beyond its original signification, and applied to channels 
 both open and covered for the conveyance of feculent drainage. The situa- 
 tion of the sewers dealt with by the present Act, and existing at the time of 
 its passing, is for the most part well known, the greater part of them 
 being laid down upon the sheets of the subterranean survey in the posses- 
 sion of the Metropolitan Board of Works, and by this section all sewers to 
 be hereafter made in parishes or districts described in schedules (A.) and 
 (B.), except such as vest in the Metropolitan Board of Works, will vest in 
 vestries or district boards. Before the passing of the Sewers' Act, 3 & 4 
 Will. 4, c. 22, commissioners of sewers, in general, had not such a 
 possession of their works as enabled them to maintain an action of 
 trespass against parties injuring them ; Duke of Newcastle and others 
 v. Clarke, 8 Taunt. 602; and see Stracey v. Nelson, 12 M. & W. 535. The 
 terms of the present enactment vesting the sewers, &c., in boards and ves- 
 tries are very similar to those used in section 96, vesting highways in 
 vestries, &c., under which it seems to have been assumed that the soil of 
 highways had become vested in the district boards and vestries ; Wandsworth 
 Board of Works v. London and South Western Railway Company, 8 Jur. 
 (N.S.) 691, Ch. In the case of Taylor v. Corporation of Oldham, 46 
 L. J. Ch. D. 105, it is said by the Master of the Rolls that the usual clause 
 in local Acts, vesting sewers in the sewer authority, confers an absolute 
 property in that part of the subsoil occupied by any sewer, and not merely 
 an easement or right of sewerage. In Bagshaw v. Buxton, L. R. 1 Ch. 
 Div. 220, the same judge in commenting upon the word "vested" in 
 the Towns Improvement Clauses Act, 1867, with reference to a highway, 
 says : " I mean ' vested sub modo' as far as a highway can be, not giving 
 the board necessarily a right to the soil." But in Coverdale v. Charlton, L. 
 R. 3 Q. B. D. 372 (affirmed by C. A. 43 J. P. 268), it was held that the 
 " vesting" intended by the 149th section of the Public Health Act, 1875, 
 was not merely of the use and control of a lane for highway purposes, but 
 an actual vesting of the property in the soil. See reference to that decision 
 and as to the nature and extent of the " vesting" intended, in note to section 
 96, post. The making, &c., of a towing-path under powers conferred by 
 a Navigation Act was held not to be a purpose rendering the owner- 
 ship of the soil necessary; Badger v. South Yorkshire, fyc., Railway 
 Co., 1 Ell. & Ell. 347. The present enactment does not contain any 
 words conferring upon boards and vestries the powers and authori- 
 ties given by ordinary sewers commissions, therefore they cannot proceed 
 by presentment, amerciament, &c., for annoyances and encroachments. 
 But sections 68 and 69 of 25 & 26 Viet. c. 102, impose penalties for 
 various acts of wrongful interference with sewers. Neither the present 
 section nor the 135th, vesting the main sewers in the metropolitan board, 
 contains the exception found in the 7th section of the Metropolitan Sewers 
 Act, 1848 (11 & 12 Viet. c. 112), vesting sewers in those commissioners 
 " sewers made or to be made by any person or persons, for his or their own 
 profit, or for the profit of the proprietors or shareholders." That exception 
 was borrowed from the Public Health Act, 1848, into which it was intro- 
 duced in order to preserve the rights of the Cheltenham Sewers Company, 
 acting under a local Act. See Lawes' edition of the Public Health Act, 
 11 & 12 Viet. c. 63, note to the 44th section ; and it is retained in the 13th 
 section of the Public Health Act, 1875. See note to that section in
 
 18 & 19 VICT. c. 120, ss. 68, 69. 33 
 
 metropolitan commissioners of sewers (a) which are situate in any Section 68 
 parish mentioned in schedule (A.) to this Act (except such sewers as 
 are mentioned in schedule (D.) to this Act), with the walls, defences, 
 banks, outlets, sluices, flaps, penstocks, gullies, grates, works, and 
 things thereunto appertaining, and the materials thereof, with all 
 rights of way and passage used and enjoyed by such commissioners 
 over or to such sewers, works, and things, and all other rights concern- 
 ing or incident to such sewers, works, and things, shall become vested 
 in the vestry of such parish ; and all sewers vested in the said metro- 
 politan commissioners which are situate within any district mentioned 
 in schedule (B.) to this Act, except as before excepted, with all such 
 works and things as aforesaid appertaining thereto, and all rights of 
 way and passage used and enjoyed by such commissioners over or to 
 such sewers, works, and things, and all other rights concerning or 
 incident to such sewers, works, and things, shall become vested in 
 the board of works, for such district ; and all sewers made and to be 
 made within any such parish or district, except sewers and works 
 vested or to be vested in the metropolitan board of works, as 
 hereinafter mentioned shall be vested in such vestry and board 
 respectively. 
 
 69. The vestry of every parish mentioned in schedule (A.) to this Vestries and 
 
 Act, and the board of works for every district mentioned in schedule district 
 
 (B.) to this Act, shall (subject to the powers by thig Act vested in boards to 
 
 the metropolitan board of works (b) ) from time to time repair (c) and repair, &c., 
 
 maintain the sewers under this Act vested in them, or such of them au sewers 
 
 as shall not be discontinued, closed up, or destroyed under the powers vested in 
 herein contained, and shall cause to be made (d), repaired, and main- them ' and 
 
 Lumley's edition of that Act, p. 21, and also E. v. Local Board of God- 
 Manchester, L. R. 1 Q. B. (Ex. Ch.) 328. 
 
 (a) See 11 & 12 Viet. c. 102, s. 7 (now expired), as to sewers vested in 
 the metropolitan commissioners of sewers. 
 
 (b) See proviso to this section prohibiting the making of new sewers with- 
 out the previous approval of the Metropolitan Board of Works, and the 138th 
 section, authorizing the metropolitan board to make orders for controlling 
 vestries and district boards as to construction, &c., of sewers, and generally 
 in relation to sewerage. And see now sections 45, 46, 47, 48, 49, 50, and 51 
 of 25 & 26 Viet. c. 102, post, as to the course to be pursued by vestries, dis- 
 trict boards, &c., with respect to the construction of new sewers. See also 
 section 83 of same Act, giving power to the Metropolitan Board of Works to 
 make bye-laws for the guidance of vestries, &c., in the construction of 
 sewers. 
 
 (c) It was decided to be a good return to a mandamus commanding a 
 board of guardians to repair a sewer, that the sewer had been defectively 
 constructed originally, and if repaired would create a nuisance; S. v. 
 Guard, of Epsom Union, 8 L. T. (N.s.) 383. 
 
 (d) Though the language of this enactment is imperative, a discretion 
 must be allowed to vestries, &c., as to the time at which such works should 
 be executed ; and, in other respects, therefore, a writ of mandamus which 
 ordered the vestry of a parish, immediately after the receipt of the writ, to 
 cause to be made such sewers and works as might be necessary for effec- 
 tually draining a particular part of the parish, without showing that a rea- 
 sonable time had ekpsed, or that there was a present duty to drain that 
 particular part at once, or that the approval of the metropolitan board had 
 "been obtained, was held to be defective ; R. v. The Vestry of St. Luke, Chelsea, 
 31 L. J. Q. B. 50. See a full report of this case, setting out the return in 
 txtenso, in 26, J. P. 85. See Exparte Champ, 20 J. P. 756, where a rule for a 
 mandamus to the same vestry to make sewers in another part of the same 
 
 D
 
 34 
 Section 69. 
 
 from time to 
 time to con- 
 struct new 
 onei, &c. 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 tained such sewers and works, or such diversions or alterations of 
 sewers and works, as may be necessary for effectually draining their 
 parish or district (a), and shall cause all banks, wharves, docks, or 
 defences abutting on or adjoining any river, stream, canal, pond, or 
 watercourse (b) in such parish or district to be raised, strengthened,. 
 
 parish had been discharged for want of a sufficient demand and refusal. 
 See Ex parte Parsons, 22 J. P. 68, where an application for a mandamus to 
 a local board to make a sewer was rejected. 
 
 (a) See section 58 of 25 & 26 Viet. c. 102, post, authorizing, subject to 
 certain conditions, the construction of sewerage works by vestries and dis- 
 trict boards beyond the limits of the metropolis ; section 44 of 25 & 26 Viet. 
 c. 102, post, authorizing owners of land to construct sewers for drainage 
 thereof, at their own expense, and empowering vestries, &c., to contribute to 
 the cost out of the rates ; and 25 & 26 Viet. c. 102, s. 52, et seq., as to con- 
 struction of sewers by vestries at the cost, either in whole or in part, of 
 private parties. Refer to Acts relating to the drainage of certain localities 
 without the metropolitan area, cited in note to title of Act, p. 1, ante. 
 
 (b) The burthen of maintaining the river wall of the Thames in a parish 
 comprised in a district constituted under the Metropolis Local Manage- 
 ment Act, 1855, is now cast upon the board of works of that district, not- 
 withstanding such river wall was included in the area subject to the juris- 
 diction of commissioners acting under a royal commission of sewers ; so 
 held by the Q. B. D. in the case of the board of works for the Plumstead 
 district and the commissioners of sewers for the limits extending from 
 Lombard's Wall to Gravesend Bridge, in the county of Kent. The only 
 notice of this decision is found in the 41st vol. of the Justice of the Peace, 
 p. 388, which only gives a condensed report of the judgment. The editor 
 has since been favoured with a copy of the special case submitted for the 
 opinion of the court, and with a full report of the judgment. From the former 
 it appears, that up to the passing of the Metropolis Management Act, 1855, 
 the river wall and defences bounding the levels subject to the jurisdiction of 
 the commissioners, including the wall in question, had under the existing 
 and preceding commissions always been maintained t>y the commissioners 
 out of the funds levied by them as walscot or sewers rates, upon the owners 
 and occupiers chargeable therewith according to the laws of sewers. In 
 the year 1874 the commissioners raised the question of their liability to con- 
 tinue the maintenance of the river wall in the parish of Charlton, alleging- 
 that the burthen of such maintenance was now cast upon the board of 
 works by virtue of 18 & 19 Viet. c. 120, a liability which was denied by the 
 district board, and the question for the opinion of the court was whether or 
 not the obligation still rested upon the commissioners ; and the court decided 
 that it did not, and that the district board were bound to perform that duty 
 themselves. Mr. Justice Lush in delivering judgment, refers to the words 
 " and shall cause all banks, &c., adjoining any river, &c., to be raised, 
 strengthened, or altered, &c.," and says that they impose a specific obli- 
 gation on the board of works, to protect their district from the inundation of 
 the river, though he was not insensible to the possible inconvenience which 
 might arise from the fact that an existing commission of sewers pro- 
 fessed to embrace the area in question within its original district ; and Mr. 
 Justice Mellor, in delivering judgment against the district board, refers to that 
 provision in the Act (section 159), which enables a vestry or district board to 
 cause the sum required for expenses incurred for the special benefit of a 
 particular part of a parish or district to be levied in that part. See note to 
 section 159, post. 
 
 Refer to Mayor of Lyme Regis v. Henley, 1 Bing, 6, as to liability of a 
 corporation for expenses incurred for injury resulting from the neglect to 
 repair a sea-wall which they were bound by charter to repair. 
 
 See as to license by the Thames conservators to a riparian owner to erect 
 an embankment ; Lyon v. Fishmongers' Co., L. R, 1 H. L. (E.) 662.
 
 18 & 19 VICT. c. 120, s. 69. 35 
 
 or altered or repaired, where it may be necessary so to do, for effec- Section 69. 
 
 tually draining, or protecting from floods or inundation such parish 
 
 or district ; and it shall be lawful for any such vestry or district 
 
 board to carry any such sewers or works through, across, or under any 
 
 turnpike road (c), or any street or place laid out as or intended for a 
 
 street (d), or through or under any cellar or vault which may be 
 
 iinder the pavement or carriageway of any street, and into, through, 
 
 contract, raise, lower, arch over, or otherwise improve or alter all or 
 any of the sewers, watercourses, and works which shall be from time 
 
 (c) See as to notice and other requirements in breaking up turnpike roads, 
 25 & 26 Viet. c. 102, s. 33, post. 
 
 (d) See interpretation of word " street," section 250. See 25 & 26 Viet. 
 c. 102, s. 84, post, empowering vestries, &c., with consent of metropolitan 
 boards, to stop up streets during their works. 
 
 (e) As to the right of carrying sewers through private property, see 
 notes to section 135 ; and sections 34 and 35 of 25 & 26 Viet. c. 102, 
 post, as to notices, plans, &c., of works affecting railways and canals. Under 
 similar words in the Public Health Act, 1875, it was decided that a local 
 board were authorized to make a sewer through private property raised above 
 ground; Roderick v. Aston Local Board, L. R. 7 Ch. 328 (C.A.). Commis- 
 sioners acting under a local Act and the local authority under the Nuisances 
 Removal Act, were held to be empowered to make a sewer through enclosed 
 land adjoining a highway not in the line of an existing watercourse ; Earl 
 Derby v. Bury Imp. Commissioners, L. R. 3 Ex. 121, reversing the deci- 
 sion of the court below. 
 
 Though a natural watercourse may in some degree be polluted, a district 
 board constituted by this Act has no right to connect it with other sewers 
 so as to become a nuisance; Att.-Gen. v. Hackney Dist. Board, 44 
 L. J. Ch. 545, nor to pollute water running through the land of another 
 person; Cator v. Lewisham Dist. Board 5 B. & S. 115 ; and it makes no 
 difference that the works of the board are necessary for abating a nuisance 
 on the land of the person complaining, or that the water polluted lay out of 
 the district for which the board was appointed ; ibid. 
 
 A person sustaining damage by the overflow of a sewer, without the fault 
 of the vestry, has no right of action against that body ; Hammond v. Vestry 
 of St. Pancras, 43 L. J. C. P. 157; and see as to non-liability of a vestry 
 for damage caused by flooding from a gully connected with a drinking foun- 
 tain erected by an association by permission of the vestry ; Gordon v. Vest, 
 of St. James, Westminster, 30 J. P. 24. 
 
 The Rivers Pollution Prevention Act, 1876, section 3, enacts that every 
 person (denned by section 20 to include corporate and unincorporate bodies) 
 who causes to fall or flow, or knowingly permits to fall or flow, or to be carried 
 into any stream, any solid or liquid sewage matter, shall (subject as in the 
 Act mentioned) be deemed to have committed an offence against the Act ; 
 and see special provision in same section with respect to sanitary authori- 
 ties using the best practicable means for rendering sewage matter harmless. 
 By section 20, the term sanitary authority includes in the metropolis, as de- 
 nned by the Metropolis Management Act, 1855, any local authority acting 
 under the Nuisances Removal Act, 1855, and the Acts amending the 
 same. As to liability of vestries, district boards, and other public bodies, 
 for damage resulting from negligence, see sections 96 and 135, infra, and 
 proceedings for nuisance and injury by the pollution of streams and other 
 acts, section 135. 
 
 (/) As to compensation for damage, see section 225, and note to sec- 
 tion 135, as to claims for compensation and actions against boards and 
 vestries. 
 
 D 2
 
 36 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 69. to time vested in them or subject to their order and control, and to 
 discontinue, close up, or destroy such of them as they may deem to 
 have become unnecessary : Provided always, that no new sewer shall 
 be made without the previous approval of the metropolitan board of 
 works (a) : Provided also, that the discontinuance, closing up, de- 
 struction, or alteration of any sewer as aforesaid shall be so done as 
 not to create a nuisance (6) ; and if by reason thereof any person 
 shall be deprived of the lawful use of any covered (c) sewer, it shall 
 be the duty of the vestry or district board to provide some other 
 sewer or a drain as effectual for his use as the sewer of which he is 
 so deprived : Provided also, that where the vestry or district board 
 alter any sewer, or provide a new sewer in substitution for a sewer 
 discontinued, closed up, or destroyed, they may contract or other- 
 wise alter the private drains communicating with the sewer so 
 altered, or with the sewer so discontinued, closed up, or destroyed, 
 or may close up or destroy such private drains, and provide new 
 drains in lieu thereof, as the circumstances of the sewerage may 
 appear to them to require, but so that in every case the altered or 
 substituted drain shall be as effectual for the use of the person 
 entitled thereto as the drain previously used (d). 
 
 Power to 70. Wherever any party is, by prescription, by reason of tenure, 
 
 vestries and or otherwise, liable by law to maintain or do any repairs to sewers 
 district boards ^ -watercourses, or works in any such parish or 'district which the 
 
 (a) See proviso to section 58 of 25 & 26 Viet, c, 102, post, making this con- 
 sent necessary in all cases where new sewers are constructed by any vestry, 
 district board, or other body having control over sewers within the 
 metropolis. 
 
 (5) Refer to Southampton, Sfc., Bridge Company v. Local Board of 
 Health of Southampton, 28 L. J. Q. B. 41, where it was laid down that an 
 action will lie against a local board for improperly constructing a sewer, 
 and causing a nuisance ; and see notes to sections 96 and 135, infra. 
 
 (c) The word " covered " does not occur in the 38th section of the Metro- 
 politan Sewers Act (11 & 12 Viet. c. 112), from which this provision has 
 been adopted. This addition was intended to exclude claims by parties 
 draining into open watercourses. 
 
 (rf) Where a metropolitan vestry proposed under section 73 to make 
 a new scheme of drainage, and upon default of the householders to make 
 new drains, and the vestry made them themselves, and attempted to recover 
 the cost from the householders, the occupier was decided not to he com- 
 pellable to make a new drain or bear the cost of constructing it, on the 
 ground that the facts brought the case under section 69 ; Vestry of St. 
 Marylelone v. Fire*, 34 L. J. M. C. 214. 
 
 It was decided under section 55 of the Metropolis Management Amend- 
 ment Act, 1862, that where a person had constructed a sewer in a new 
 street with the sanction of the metropolitan board, and the district board 
 took it up and laid down another, he was not liable to pay any portion of 
 the cost ; Fulham District Board v. Goodwin. L. R. 1 Ex. D. (C. A.) 400. 
 
 (e) As to the obligation of individuals in respect of sewers works in 
 general, see Callis, p. 115, and Serg. Woolrych, Law of Sewers, 3rd edition, 
 87 et seq., and the 15th section of 3 & 4 Will. 4, c. 22. Amongst the 
 liabilities mentioned by Callis, ubi supra, is what he designates " the cus- 
 tom of Frontagers," and he says, " In 37 Lib. Assis. plac. 10, it seems that 
 the Frontagers are bound to the repairs," and " he whose grounds are next 
 adjoining to a highway is bound to repair the same " ; and again, " the 
 ownership of a bank, wall, or other defence is a sufficient warrant to im- 
 pose the charge of the repairs thereof upon him without being tied thereto 
 by prescription as appears, 8 Hen. 7, fol. 5 ; and it stands with reason that 
 every man should be bound to repair his own, and the consideration is also
 
 18 & 19 VICT. c. 120, s. 70. 37 
 
 vestry or district board judge it necessary to alter or improve, it Section 70. 
 shall be lawful for them to make such alterations or improvements 
 
 moving for that his grounds which lie nearest the waters are soonest suhject 
 to drowning, and if any increase he upon the small rivers it falls to his 
 share." This exposition of the law was closely scrutinised and its correct- 
 ness denied hy the court in the recent case of Hudson v. Tabor, L. R. 1 
 Q, B. D. 225, affirmed on appeal, L. R. 2 Q. B. D. (C. A.) 290 ; 42 J. P. 
 20, where it was decided that there was no prescriptive liability on the 
 owner of a sea wall to maintain the wall, not only for his own protection, 
 but for the benefit of his neighbours, and that by the common law, apart 
 from prescription, no such liability was cast upon the defendant, the owner ; 
 and the court, after reviewing the cases cited by Coke, say that they do not 
 establish the common law liability contended for. Several examples of 
 liabilities, such as are described in "this section, are found in the records of 
 the former sewers' commissions existing within the metropolitan limits. 
 Under the Greenwich commission various parties were held liable to do 
 works of repair, raise the river wall, scour and bottom ditches, cut weeds, 
 &c,, by reason of tenure. This commission, the limits of which extended 
 from the head of the Ravensbourne to Lombard's wall, in the county of 
 Kent, as also the Surrey and Kent commission, having jurisdiction from 
 East Moulsey, in Surrey, to the river Ravensbourne, in Kent, were both 
 subject to the provisions of 3 & 4 Will. 4, c. 22. The course pursued by 
 the Greenwich commission was to issue their precept to the sheriff to return 
 a jury, and the jury impannelled were sworn by the court to inquire 
 (amongst other matters) of the persons, &c., who, by reason of their tenure 
 of certain lands, tenements, or hereditaments, were bound to repair or con- 
 tribute to the repair of walls, defences, &c., or do other works the cost of 
 which was not payable out of the general taxes and levies raised within the 
 level, and also to inquire what works were necessary. The jury then heard 
 evidence, and delivered their presentment into court ; upon which the court 
 decreed the works, and ordered notices to be served upon the parties order- 
 ing their execution, on pain of forfeiting certain sums which were specified. 
 Subsequently the wall reeve presented cases of non-repair. Besides the 
 maintenance, &c., of ditches and causeways, some of these works extended 
 to the raising or repairing of the bank or wall of the river Thames, and at 
 one time the liability to perform such works seems to have been considered 
 a ground of exemption from the general assessments imposed upon the 
 level. There are also a few cases of presentments by juries of similar 
 obligations attaching to individuals in the parish of Rotherhithe and else- 
 where within the Surrey and Kent commission, such as to strengthen and 
 heighten the bank and wall of the Thames, so as to resist the tidal waters ; 
 but there is reason to doubt whether, under that commission, those liabilities 
 were, in later times at least, ever enforced by adverse proceedings. Similar 
 liabilities also existed under the Poplar commission, the court proceeding on 
 the presentment of the Marsh jury, and compelling the execution of the 
 requisite works. The terms of the 61st section of 3 & 4 Will. 4 excluded 
 this commission and the other sewers' commissions in Middlesex from its 
 operation ; and the course of proceeding under it somewhat differed from 
 that provided under the commissions south of the Thames, to which the Act 
 applied; but obligations generally similar in character to those existing 
 under the Greenwich commission were habitually enforced. 
 
 Up to the passing of this Act the river wall in the parish of Charlton 
 had been maintained by the commissioners of sewers for the limits extending 
 from Lombard's wall to Gravesend bridge, out of the funds levied by them 
 as walscot or sewer rates chargeable upon the owners and occupiers of the 
 lands benefited, but it has now been decided by the Q. B. D. in the case 
 of the Board of Works for the Plumstead District v. Commissioners of 
 Sewers (Lombard's wall to Gravesend bridge), referred to in note to section 
 69, supra, that this Act has cast that obligation upon the district board, 
 who, it is believed, levy special rates under section 159 upon the owners and 
 occupiers of low-lying or marsh lands ; see note to section 159.
 
 38 METBOPOLIS LOCAL MANAGEMENT. 
 
 Section 70. therein as they think proper, and to divide the expense of such 
 
 , , , n alterations or improvements between the party liable to such 
 
 improvement maintenance or repairs and the parish, district, or persons who 
 
 in sewers &c would have been wholly liable to the expense of such alterations 
 
 the expense of or improvements if no party had been liable as aforesaid, so as 
 
 which to be to throw on the party liable to such maintenance or repairs 
 
 divided be- such part of the expense of alterations or improvements as may be 
 
 tween the equal to what would be incurred for such maintenance or repairs, 
 
 party liable and to throw on the parish, district, or persons aforesaid the residue 
 
 and the parish of such expense, and to settle and adjust such proportions either by 
 
 or district. some general regulation or by order in each particular case, as they 
 may think proper : Provided always, that nothing in this Act con- 
 
 The ordinary mode of establishing such a liability is by the inquisition of 
 a jury ; see Wingate \. Waite, 6M.&W. 739; and.ff. v. Warton, 2 B. & S. 
 719 ; and liability of a mortgagor to repair a sea wall without notice, S. v. 
 Baker, L. R. 2 Q. B. 621. See further, Morland v. Cook, L. R. 6 Eq. 252; 
 and R. v. Commissioners of Sewers of Essex, 1 B. & C. 477. The present 
 Act, however, contains no provision for summoning a jury. The 144th 
 section of 11 & 12 Viet. c. 112 (Metropolitan Sewers Act, 1848), provided 
 that the Sewers Act, 3 & 4 Will. 4, c. 22, should not apply to any commis- 
 sion issued under it, but the 96th section expressly em powered the metropoli- 
 tan commissioners of sewers, on the trial of appeals against sewers rates, 
 to try the question of the appeal by a jury in the same manner as a traverse 
 of a presentment of rateability was triable according to the laws and usages 
 of sewers, and on the trial of such appeals it is obvious that questions 
 affecting liabilities of this nature must sometimes have incidentally arisen. 
 The 59th section of the same Act empowered the metropolitan commissioners 
 to do or direct any work to be done, and exercise all the powers of the Act 
 in relation thereto upon the information or presentment of their surveyor, 
 without any other presentment in relation thereto ; and though the 68th 
 section of the present Act transfers to the vestry, &c., all the rights of their 
 predecessors concerning or incident to sewers, those words do not seem to in- 
 clude the power of proceeding by presentment. The liability might pro- 
 bably be established by production of the inquisitions, decrees, &c., of the 
 sewers' commissioners, and by proof that they were obeyed, though there is 
 authority to show that proof of obedience might be dispensed with. In 
 B. v. Leigh, 2 P. & Dav. 357; S. C. 10 Ad. & E. 398, orders of courts of 
 sewers commencing more than seventy years previously were admitted in 
 evidence, though it was not shown that such orders had been complied with. 
 The court in that case laid it down that such orders were good evidence as 
 adjudications by a court of competent jurisdiction upon the subject-matter, 
 unless they were affected by proof of fraud or collusion, and that at so 
 great a distance of time their execution might be presumed. An indict- 
 ment at common law probably lies against a party liable ratione tenurae to 
 repair, &c. See B. v. Earl Cadogan, 5 B. & Al. 902, where on an indict- 
 ment for a nuisance by not repairing, pursuant to his liability ratione tenurae 
 a bank and wall next the Thames, whereby a highway in the parish of 
 Chelsea was in danger of being flooded, the court refused to grant an in- 
 spection of the court of rolls of the defendant's manor on the ground that 
 the proceeding was a criminal one. In B. v. Gamble, 11 A. & E. 69, the 
 court refused a mandamus to landowners liable ratione tenurae to amend 
 and heighten banks, but that was on the ground that the applicants, the 
 conservators of the Bedford Level, had the authority of commissioners of 
 sewers, and might proceed by presentment ; see B. v. Commissioners of 
 Pagham, 1 B. & C. 255 ; B. v. Ouse Bank Commissioners, 3 A. & E. 844. 
 Refer to the case of The Mayor of Lyme Begis v. Henley, 3 B. & Ad. 77, 
 showing the liability of a corpofatfou under a charter to repair buildings, 
 sea banks, &c , and inasmuch as the obligation concerned the public, that 
 the corporation might be indicted.
 
 18 & 19 VICT. c. 120, ss. 7073. 39 
 
 tained shall exempt from liability to do any works, or to pay the Section 70. 
 whole cost thereof, any person who, by prescription, by reason of 
 tenure, or otherwise by law, is so liable. 
 
 71. Every district board and vestry shall, by providing proper Gullyholes, 
 traps or other coverings, or by ventilation, or by such other ways &c., to be 
 and means as shall be practicable for that purpose, prevent the trapped (a), 
 effluvia of sewers from exhaling through gullyholes, gratings, or 
 
 other openings of sewers in any of the streets or other places within 
 their district or parish. 
 
 72. Every vestry and district board shall cause the sewers vested Vestries and 
 in them to be constructed, covered, and kept so as not to be a district boards 
 nuisance or injurious to health, and to be properly cleared, cleansed, to cause 
 
 and emptied, and for the purpose of clearing, cleansing, and empty- sewers to be 
 
 ing the same they may construct and place, either above or under cleansed, &c. 
 
 ground, such reservoirs, sluices, engines, or other works as may be W- 
 necessary (c). 
 
 73. If any house (d) or building, whether built before or after the Vestry or 
 commencement of this Act, situate within any such parish or district, district board 
 be found not to be drained by a sufficient drain communicating with m certain 
 some sewer, and emptying itself into the same, to the satisfaction of cases ^y 
 the vestry or board of such parish or district, and if a sewer of sum- com P el 
 cient size be within one hundred feet of any part of such house or owners > & c. 
 building, on a lower level than such house or building, it shall be constral! 
 lawful for the vestry or board, at their discretion, by notice in ^j^ j t 
 writing (e), to require the owner of such house or building forthwith, the comm o n 
 or within such reasonable time as may be appointed by the vestry or sewer 
 board, to construct and make from such house or building into any 
 
 (a) See notice to metropolitan board, &c., required before trapping their 
 sewers, 25 & 26 Viet. c. 102, s. 27, post. 
 
 (b) This imposes upon the bodies named the duty of exercising reason- 
 able care to keep sewers clean ; and where the jury found that the obstruction 
 of a drain causing damage could not by the exercise of reasonable care have 
 been foreseen, the vestry were held not liable for a breach of the duty 
 hereby imposed ; Hammond v. Vestry of St. Pancras, L. R. 9 C. P. 316. 
 
 Where a local board had constructed a sewer without a flap, they were 
 held liable for damages by flooding premises thereby ; Ruck v. Williams, 
 27 L. 3. Ex. 357. See action against a district board for neglecting to 
 keep a sewer clean ; R. v. Whitechapel Board of Works, 1 F. & F. 144 ; 
 Brown v. Sargent, 1 F. & F. 112; Blyth v. Birmingham Waterworks 
 Company, 25 L. J. Ex. 212; Oeddin v. Proprietors of the Bourne 
 Reservoir, L. R. 3 App. Ca. H. L. 430. 
 
 (c) A local board of health has no power under Public Health Act, 
 1848, to enter upon land without the owner's consent for purpose of making 
 reservoirs for retaining the sewage ; Sutton v. Mayor of Norwich, 27 L. J. 
 Cli. 739. 
 
 (d) The word " house" under the Public Health Act, 11 & 12 Viet. c. 63, 
 was held to apply to a toll-house on a turnpike road ; Trustees of Tunsiall 
 Turnpike Roads \. Lowndes, 20 J. P. 374. In the case of the Poplar 
 District Board v. Knight, 28 L. J. M. C. 37, the Court of Queen's Bench 
 intimated an opinion that a house built with foundations placed on the 
 surface without any digging out, was within the 76th section of this Act. 
 
 (e) Under section 69 of Public Health Act, 1848, a notice not specify- 
 ing the works, but referring for particulars to the surveyor's oflice, was 
 held sufficient; Bailey v. Wilkinson, 33 L. J. M. C. 161.
 
 40 
 
 Section 73. 
 
 Penalty on 
 owner, &c., 
 for neglect. 
 
 Provision for 
 combined 
 drainage of 
 blocks of 
 houses (<>). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 such sewer a covered drain, and such branches thereto, of sucb 
 materials (a), of such size, at such level, and with such fall as shall 
 be adequate for the drainage of such house or building, and its several 
 floors or storeys, and also of its areas, waterclosets, privies, and 
 offices (if any), and for conveying the soil, drainage, and wash 
 therefrom into the said sewer, and to provide fit and proper paved or 
 impermeable sloped surfaces for conveying surface water thereto, and 
 fit and proper sinks, and fit and proper syphoned or otherwise 
 trapped inlets and outlets for hindering stench therefrom, and fit and 
 proper water supply (6), and water supplying pipes, cisterns, and 
 apparatus for scouring the same, and for causing the same to convey 
 away the soil, and fit and proper sand traps, expanding inlets, and 
 other apparatus for hindering the entry of improper substances 
 therein, and all other such fit and proper works and arrangements 
 as may appear to the vestry or board, or to their officers, requisite to 
 secure the safe and proper working of the said drain, and to prevent 
 the same from obstructing or otherwise injuring or impeding the 
 action of the sewer to which it leads ; and it shall be lawful for the 
 said vestry or board to cause the said works to be inspected while in 
 progress, and from time to time during their execution to order such 
 reasonable alterations therein, additions thereto, and abandonment of 
 part or parts thereof, as may to the vestry or board or their officers- 
 appear, on the fuller knowledge afforded by the opening of the 
 ground, requisite to secure the complete and perfect working of such 
 works ; and if the owner of such house or building neglect or refuse, 
 during twenty-eight days after the said notice has been delivered to- 
 such owner, or left at such house or building, to begin to construct 
 such drain and other works aforesaid, or any of them, or thereafter 
 fail to carry them on and complete them with all reasonable despatch, 
 it shall be lawful for the vestry or board to cause the same to be 
 constructed and made (c), and to recover the expenses to be incurred 
 thereby from such owner in the manner hereinafter provided (d). 
 
 74. If it 
 a group or 
 
 detached houses, may be drained and improved more economically or 
 advantageously in combination than separately, and a sewer of suffi- 
 
 it appear to the vestry or board of any parish or district that 
 or block of contiguous houses, or of adjacent detached or semi- 
 
 (a) See as to the discretion given to vestries to determine the material to 
 be used, Austin v. St. Mary, Lambeth, cited in note to section 76, post ; 
 and as to the power of a local board of health to decide on the works- 
 requisite for the removal of a nuisance ; Sargreaves v. Taylor, 32 L. J. 
 M. C. Ill ; 3 B. & S. 413. 
 
 (b) See section 67 of 25 & 26 Viet. c. 102, post, authorizing vestries 
 to compel owners of houses to obtain supply of water, at a rate not exceed- 
 ing 3d. per week, and as to proceedings in case of deficient supply. 
 
 (c) See section 64 of 25 & 26 Viet. c. 102, post, authorizing vestries 
 under this and the 74th, 76th, 81st, 85th, and 86th sections, to execute the 
 works or proceed for the penalties. 
 
 (d) See sections 225 and 226, post. 
 
 (e) By the 250th section, any drain for draining a group of houses by a 
 combined operation under the orders of vestries, falls within the definition 
 of a drain as contradistinguished from a sewer. But as combined drainage 
 was laid down before the passing of the Act under the direction of the 
 Metropolitan Commissioners of Sewers, and claims were made on the vestries 
 to maintain such drainage at the public cost, the meaning of the word 
 " drain " has been extended by the 112th section of 25 & 26 Viet. c. 102, 
 so as to include drains of this nature laid down before the passing of 
 the Act.
 
 18 & 19 VICT. c. 120, ss. 7476. 
 
 41 
 
 cient size already exist or be about to be constructed within one Section 74. 
 
 hundred feet of any part of such group or block of houses, whether 
 
 contiguous, detached, or semi-detached, it shall be lawful for such, 
 board or vestry to order that such group or block of houses be 
 drained and improved, as hereinbefore provided, by a combined 
 operation. 
 
 75. It shall not be lawful to erect any house or other building in 
 any parish mentioned in schedule (A.) to this Act, or in any district 
 mentioned in schedule (B.) to this Act, or to rebuild any house or 
 building within any such, parish or district which has been pulled 
 down to or below the floor commonly called the ground floor, or to 
 occupy any house or building so newly built or rebuilt, unless a 
 drain and such branches thereto and other connected works and 
 
 No house to 
 b built with- 
 out drains 
 constructed 
 to the satis- 
 faction of the 
 vestry or dis- 
 trict board (/). 
 
 apparatus and water supply as hereinbefore mentioned be constructed 
 and provided to the satisfaction of the surveyor of the vestry of such 
 parish or board of works for such district, of such materials, of such 
 size, at such level, and with such fall as they may direct, so that the 
 same shall be available for the drainage of the lowest floor of such 
 house or building, and of its several floors or stories, and also of its 
 areas, waterclosets, privies, and offices (if any), which drain shall 
 lead from such house or building, or the intended site of such house 
 or building, to such sewer, already made or intended to be constructed 
 near thereto, as the vestry or board shall direct and appoint, or if 
 there be no such sewer existing or intended to be constructed within 
 one hundred feet of any part of the intended site of such house or 
 building, then to such covered cesspool (g) or other place, not being 
 under any dwelling house, as the vestry or board shall direct ; and 
 whenever any house or building is rebuilt as aforesaid, the level of 
 the lowest floor of such house or building shall be raised sufficiently 
 to allow of the construction of such a drain and such branches 
 thereto and other works and apparatus as are hereinbefore required, 
 and for that purpose the levels shall be taken and determined under 
 the direction of the vestry or district board. 
 
 76. Before beginning to lay or dig out the foundation (h) of any Notice of 
 
 (/) Tbis clause is founded on the 46th section of the Metropolitan 
 Sewers Act, 1848, 11 & 12 Viet. c. 120, but it omits the provision which 
 was contained in that enactment, authorizing the commissioners to compel 
 the owner or occupier of the house to continue sewers situate within a 
 certain distance of the premises to be drained. The intention of this Act 
 seems to be to confine the obligations of private parties to the making of 
 drains, and to throw the responsibility and cost of constructing sewers on 
 public bodies. See Clarke v. Vestry of Paddington, cited in note to sec- 
 tion 76. See now the provisions relating to the construction of sewers in new 
 streets, and in streets in which there had either been no sewers or only open 
 sewers, 25 & 26 Viet. c. 102, s. 52, et . seq.post, and section 57, giving an appeal 
 to the metropolitan board against orders of vestries, &c., as to the amount 
 or apportionment of the expenses of constructing sewers wholly or partly at 
 the cost of private parties. 
 
 (ff) See 25 & 26 Viet. c. 102, s. 66, post, as to temporary provision for 
 drainage into cesspools or tanks where there are no proper sewers within 
 two hundred feet. 
 
 (K) By 25 & 26 Viet. c. 102, s. 88, post, any person omitting to give 
 this notice is made liable to a penalty not exceeding 51., and to a continuing 
 penalty of 40. for every day such omission shall continue. See case of 
 Poplar District Board of Works v. Knight, 28 L. J. M. C. 37, referred 
 to in note to section 73, supra. See Metropolis Management and
 
 42 
 
 Section 76. 
 
 buildings to 
 be given to 
 the vestry or 
 district board 
 before com- 
 mencing the 
 
 Power to 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 new house or building (a) within any such parish or district, or to 
 rebuild any house or building therein, and also before making any 
 drain for the purpose of draining directly or indirectly into any 
 sewer under the jurisdiction of the vestry or board of or for any such 
 parish or district, seven days' notice in writing shall be given to -the 
 vestry or board by the person intending to build or rebuild such 
 house or building or to make such drain ; and every such foundation 
 shall be laid at such level as will permit the drainage of such house 
 or building in compliance with this Act, and as the vestry or board 
 shall order, and every such drain (6) shall be made in such direction, 
 manner, and form, and of such materials (c) and workmanship, and 
 with such branches thereto and other connected works and apparatus 
 and water supply as hereinbefore mentioned, and as the vestry or 
 board shall order, and the making of every such drain shall be under 
 the survey and control of the vestry or board ; and the vestry or dis- 
 trict boards shall make their order in relation to the matters afore- 
 said, and cause the same to be notified to the person from whom such 
 notice was received within seven days (d) after the receipt of such 
 notice, and in default of such notice, or if such house, biiilding, or 
 drain, or branches thereto, or other connected works and apparatus 
 and water supply, be begun, erected, made, or provided in any 
 respect contrary to any order of the vestry or board made and 
 notified as aforesaid, or the provisions of this Act, it shall be lawful 
 for the vestry or board to cause such house or building to be 
 demolished or altered, and to cause such drain or branches thereto 
 and other connected works and apparatus and water supply to be 
 relaid. amended, or remade, or, in the event of omission, added, as 
 the case may require, and to recover the expenses thereof from the 
 owner thereof in the manner hereinafter provided (e). 
 
 77. (/) It shall be lawful for any person, at his own expense, to 
 
 Building Acts Amendment Act, 1878 (post appendix), empowering the 
 Metropolitan Board of Works to make regulations as to the sites and foun- 
 dations of houses. 
 
 (a) As to the meaning of word "building " see notes to section 143 of this 
 Act, and section 75 of Metropolis Management Amendment Act, 1862, post. 
 
 (6) They have no power to order a person to construct a sewer, and 
 where a party had in misapprehension of his rights built one and the vestry 
 had ordered him to continue it, and on non-compliance threatened to put 
 their powers in force, an injunction was granted to restrain them from 
 demolishing or injuring the houses or preventing their completion; Clarke 
 v. Vestry of Paddington, 5 Jur. (N.s.) Ch. 138. 
 
 (c) Under this section it was held that the vestry have the right to 
 determine which of two descriptions of pipes should be used, and the 
 vestry having required Lambeth pipes, the court refused on information to 
 restrain them from entering upon the plaintiffs premises for the purpose of 
 taking up works constructed with Aylesford pipes ; Austin \. Vestry of St. 
 Mary, Lambeth, 27 L. J. Ch. 677. 
 
 (d) See extension of this period to 15 days by section 63 of 25 & 26 
 Viet. c. 102, post. 
 
 (e) A district board have no right to pull down a house under this 
 enactment without giving the owner an opportunity to show cause why it 
 should not be demolished, Cooper v. Wandsworth District Board, 32 L. J. 
 C. P. 185 ; nor a local board of health where a building is alleged to con- 
 travene a bye-law, Masters v. Pontypool Local Board, L. E. 9 Ch. D. 677- 
 As to the recovery of expenses see sections 225, 226, post. 
 
 (/) This section is repealed by the 61st section of 25 and 26 Viet. c. 102, 
 post, which introduces new provisions with respect to branching drains into 
 sewers. See decision as to the drainage of houses in note to that section, post.
 
 18 & 19 VICT. c. 120, ss. 7780. 43 
 
 make or branch any drain into any of the sewers vested in the Section 77. 
 metropolitan hoard of works or any vestry or district board under . 
 
 this Act, or authorized to be made by them under this Act, such - . Drancl1 a 1 
 
 drain being of such a size, and of such conditions, and branched to rontructed 
 
 such sewer, in such a manner and form of communication in all b me tropo- 
 
 respects as the vestry or board shall direct or appoint ; and in case ^an board or 
 
 any person make or branch any drain into any of the said sewers so an y vestry or 
 
 vested in the vestry or board, or authorized to be made by them district board, 
 
 under this Act, of a larger size, or of different conditions, or in a under certain 
 
 different manner and form of communication than shall be directed regulations, 
 or appointed by the vestry or board, every person so offending shall 
 
 for every such offence forfeit a sum not exceeding fifty pounds. Penalty. 
 
 78. Whenever it is necessary to open any part of the pavement of Power to 
 any street or public place, for the purpose of making or branching metropolitan 
 any private drain into any of the sewers or drains vested in the board or 
 metropolitan board of works, or any vestry or district board under vestry or dis 
 this Act, or authorized to be made by them under this Act, it shall trict board to 
 be lawful for the vestry or board, in case they think fit so to do, to branch private 
 make so much and such part of such private drain, and also to con- " 
 struct so much and such part of the work necessary for branching the 
 
 same into the public sewers as shall be under or in any street, and , , 
 
 to recover the expenses incurred thereby from the owner of the ^ Q0ni ^ 
 
 house, building, or ground to which such private drain belongs, in belong, 
 the manner hereinafter provided (g). 
 
 79. It shall be lawful for any such vestry or board to contract and Vestry or 
 agree with the owners or occupiers of any houses, buildings, or district board 
 ground that any drains required to be made, altered, or enlarged by ma y a S ree to 
 such owners shall be constructed, made, altered, and enlarged by the ma ~ e ^f 
 vestry or board ; and the cost price of making, altering, or enlarging drams at * ne 
 such drains, as certified by the surveyor of the vestry or board, shall e *f* n 
 
 be repaid by the owner or occupier so agreeing to the vestry or board, u ; r m 
 and in default of payment the same may be recovered in the manner 
 herinafter provided. 
 
 80. Where any sewer in any of the parishes mentioned in either of Vestry or 
 the schedules (A.) and (B.) to this Act, into which any drain shall district board 
 be made or branched, has been built since the third day of Sep- ma y order a 
 tember, 1813, and before the commencement of this Act, at the contribution 
 expense of any person or body other than any commissioners of * owar d s con- 
 sewers, the vestry or district board in whom such sewer is vested may s t ruc ". n * 
 order such sum as they may deem just to be paid and contributed by ^ewers in <**' 
 the owner of the house to which such drain belongs towards the **'" 
 expense of the construction of such sewer, such sum shall, on the 
 
 receipt thereof by such vestry or board, be paid over to the person 
 or body aforesaid, and such vestry or board may, if they see fit, 
 order and accept payment of such sum, with interest after a rate not 
 exceding b for the 100 by the year, by instalments within any 
 period not exceeding twenty years. 
 
 (g) As to recovery of expenses, see sections 225, 226, post. 
 
 (K) As to responsibility of local authority for damage caused by negligent 
 construction of a private drain refer to Hall v. Mayor of Batley, 45 L. T. 
 (N.S.) 148. 
 
 (i) See section 59 of 25 & 26 Viet. c. 102, post, extending this pro- 
 vision to main sewers, and to sewers built since 1st January, 1856, or 
 hereafter to be built at the cost of private parties.
 
 44 
 Section 81. 
 
 Penalty on 
 erecting or 
 rebuilding 
 
 without 
 proper water- 
 closets, &c. 
 
 Power for 
 vestry, &c., 
 to require 
 owners, &c., 
 to provide 
 sufficient 
 water- 
 closets, &c. 
 
 If owners fail, 
 vestry, &c., 
 to cause the 
 work to be 
 done at their 
 expense. 
 
 Power for 
 vestries and 
 district boards 
 to authorize 
 inspection of 
 drains, privies, 
 and cesspools. 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 81. After the commencement of this Act it shall not be lawful 
 newly to erect any house, or to rebuild any house pulled down to the 
 extent aforesaid, within any parish mentioned in schedule (A.) to 
 this Act, or any district mentioned in schedule (B.) to this Act, 
 without a sufficient watercloset or privy and ashpit furnished with 
 proper doors and coverings, and also furnished as regards the water- 
 closet with suitable water supply and water supply apparatus, and 
 with suitable trapped soilpan and other suitable works and arrange- 
 ments, so far as may be necessary to ensure the efficient operation 
 thereof ; and whosoever shall offend against this enactment shall be 
 liable to a penalty not exceeding 20 (a), and if at any time it appear 
 to the vestry or district board of such parish or district that any 
 house in any such parish or district, whether built before or after 
 the commencement of this Act, is without a sufficient watercloset or 
 privy and ashpit furnished with proper doors and coverings, and with 
 other apparatus and works as aforesaid, the vestry or district board 
 shall, in case the same can be provided without disturbing any build- 
 ing, give notice in writing to the owner or occupier of such house,, 
 requiring him forthwith, or within such reasonable time as shall be 
 specified in such notice, to provide a sufficient watercloset or privy and 
 ashpit so furnished as aforesaid, or either of them, as the case may 
 require (b) ; and if such notice be not complied with, it shall be 
 lawful for the vestry or district board to cause to be constructed a 
 sufficient watercloset or privy and ashpit, or either of them, or do 
 such other works as the case may require, and to recover the expenses 
 incurred by them in so doing from the owner (c) of such house in 
 manner hereinafter provided (d) : Provided always, that where a 
 watercloset or privy has been and is used in common by the inmates 
 of two or more houses, or if in the opinion of the vestry or district 
 board a watercloset or privy may be so used, they need not require 
 the same to be provided for each house. 
 
 82. It shall be lawful for any such vestry or board, or for their 
 surveyor or inspector, or such other person as they appoint, to inspect 
 any drain, watercloset, privy, cesspool, or water supply apparatus, or 
 sinks, traps, syphons, pipes, or other works or apparatus connected 
 therewith, within the parish or district of such vestry or board, and 
 for that purpose, at all reasonable times in the daytime, after twenty- 
 four hours' notice in writing has been given to the occupier of the 
 premises to which such drain, watercloset, privy, cesspool, or water 
 supply apparatus, or other connected works or apparatus as aforesaid, 
 is attached, or left upon the premises, or in case of emergency without 
 
 (a) As to recovery of penalty, see section 227, post. 
 
 (b) Under this provision, a vestry or district board may require the 
 owner or occupier of a house to provide a sufficient watercloset, and in case 
 of non-compliance, may cause it to be constructed, and may recover the 
 expenses from the owner ; Vestry of St. Luke, Middlesex, v. Lewis, 31 L. J. 
 M. C. 73; but they must exercise their authority with regard to the 
 circumstances of each particular case, and not merely lay down a general 
 rule, such as that all privies in the district shall be turned into water- 
 closets ; Tinkler v. Wandsworth District Board of Works, 27 L. J. Ch. 
 342. 
 
 (c) Where works of paving, levelling, &c., a street not a highway, were 
 executed by a contractor for a local board, who through an irregularity in 
 the proceedings failed to recov er their cost from the owners, the contractor 
 was held entitled to recover against the board; Worthington v. Sudlow 
 31 L. J. Q. B. 131. 
 
 (d) See section 225, post.
 
 18 & 19 VICT. c. 120,' ss. 8285. 45 
 
 notice, to enter, "by themselves or their surveyor or inspector and Section 82. 
 workmen, upon any premises, and cause the ground to be opened 
 in any place they think fit, doing as little damage as may be. 
 
 83. In case any drain, vvatercloset, privy, cesspool, or water supply, Penalty on 
 or water supply apparatus, or other connected works or apparatus, persons 
 hereinbefore mentioned, be found, on inspection, not to have been improperly 
 made or provided according to the directions or regulations of the making or 
 vestry or district board, or contrary to the provisions of this Act, or altering 
 in case any person, without the consent cf the vestry or district board drains (e). 
 construct, rebuild, or unstop any sewer, drain, watercloset, privy, or 
 cesspool, which may have been ordered by them not to be made, or 
 to be demolished or stopped up, or in case any person discontinue any 
 water supply, or destroy any connected works or apparatus as afore- 
 said, or in case any person, without the consent of the vestry or dis- 
 trict board, break into any sewer vested in such vestry or board, 
 every person (/) so offending shall forfeit and pay any sum not 
 exceeding 10 ; and in case the person so making any sewer, drain, 
 watercloset, privy, cesspool, or other works or apparatus as aforesaid, 
 contrary to the directions or regulations of the vestry or board, or 
 contrary to the provisions of this Act, or, without such consent as 
 aforesaid, constructing, rebuilding, or unstopping any sewer, drain, 
 watercloset, privy, or cesspool wliich may have been ordered to be 
 demolished or stopped up, or discontinuing any water supply or 
 destroying any connected works or apparatus as aforesaid, or breaking 
 into any such sewer as aforesaid, do not, within fourteen days after 
 notice in writing by the vestry or board, cause such sewer, drain, 
 watercloset, privy, or cesspool to be altered or reinstated in conformity 
 with the directions of the vestry or board, or, as the case may be, to 
 be demolished or stopped up, or such water supply to be renewed, or 
 such connected works or apparatus to be restored, then and in every 
 such case the vestry or board may cause the work to be donej and the 
 expenses thereof shall be paid by the person who has so offended. 
 
 84. If such drain, watercloset, privy, cesspool, or water supply, Where no 
 
 or water supply apparatus, or other connected works and apparatus, default found, 
 be found on inspection as aforesaid to be made to the satisfaction of expenses to 
 the vestry or board, and in proper order and condition, they shall be P aid b >' 
 cause the same to be reinstated and made good as soon as may be, vestr 7 or 
 and the expense of examination, reinstating and making good such board, 
 drain, watercloset, privy, cesspool, or other works or apparatus as 
 aforesaid, shall be defrayed by the vestry or board, and full compen- 
 sation (g) shall be made by them for all damages or injuries done or 
 occasioned by the examination of any such drain, watercloset, privy, 
 cesspool, or other works or apparatus as aforesaid. 
 
 85. If, upon such inspection as aforesaid, any drain, watercloset, Vestry or 
 privy, or cesspool appear to be in bad order and condition, or to district board 
 require cleansing, alteration, or amendment, or to be filled up, the * 
 
 vestry or board shall cause notice in writing to be given to the owner dr 
 
 (e) See 25 & 26 Viet. c. 102, ss. 68 and 69, post, declaring penalties in 
 case of encroachments on or wrongful interference with sewers. 
 
 (/) The penalties declared by this and other provisions of the Act are, 
 by 25 & 26 Viet. c. 102, s. 65, post, extended to all persons causing the 
 commission of the offence. 
 
 (g) See sections 225 and 226, as to the recovery of compensation.
 
 46 
 Section 85. 
 
 to be put into 
 proper con- 
 dition, &c., 
 where 
 
 necessary. 
 
 Vestry and 
 district 
 board to 
 cause offen- 
 sive ditches, 
 drains, &c., 
 to be 
 
 cleansed or 
 covered. 
 
 Where works 
 interfere 
 with any 
 ancient mill, 
 &c., compen- 
 sation to be 
 made, or 
 rights therein 
 purchased. 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 or occupier of the premises upon or in respect of which the inspection 
 was made, requiring him forthwith, or Avithin such reasonable time 
 as shall be specified in such notice, to do the necessary works ; and if 
 such notice be not complied with by the person to whom it is given, 
 the vestry or board may, if they think fit, execute such works, and 
 the expenses (a) incurred by them in so doing shall be paid to them 
 by the owner or occupier of the premises. 
 
 86. Every vestry and district board shall drain, cleanse, cover, or 
 fill up, or cause to be drained, cleansed, covered, or filled up, all 
 ponds, pools, open ditches, sewers, drains, and places containing or 
 used for the collection of any drainage, filth, water, matter, or thing 
 of an offensive nature, or likely to be prejudicial to health, which 
 may be situate in their parish or district ; and they shall cause 
 written notice to be given to the person causing any such nuisance, 
 or to the owner or occupier of any premises whereon the same 
 exists, requiring him, within a time to be specified in such notice, to 
 drain, cleanse, cover, or fill up such pond, pool, ditch, sewer, drain, 
 or place, or to construct a proper sewer or drain for the discharge of 
 such filth, water, matter, or thing, or to do such other works as the 
 case may require ; and if the person to whom such notice is given 
 fail to comply therewith, the vestry or board shall execute such 
 works (&) as may be necessary for the abatement of such nuisance, 
 and may recover the expenses thereby incurred from the owner of 
 the premises in manner hereinafter mentioned : Provided always, 
 that it shall be lawful for such vestry or board, where they think it 
 reasonable, to defray all or any portion of such expenses, as expenses 
 of sewerage are to be defrayed under this Act : Provided also, that 
 where any work by any vestry or district board done or required to 
 be done in pursuance of the provisions of this Act interferes with or 
 prejudicially affects any ancient mill, or any right connected there- 
 with, or other right to the use of water, full compensation shall be 
 made to all persons sustaining damage thereby, in manner hereinafter 
 provided (c), or it shall be lawful for the vestry or board, if they 
 think fit, to contract for the purchase of such mill, or any such right 
 connected therewith, or other right to the use of water ; and the 
 provisions of this Act with respect to the purchases by the vestry or 
 board hereinafter authorized shall be applicable to every such pur- 
 chase as aforesaid (d). 
 
 (a) As to recovery of expenses, see sections 225, 226 
 
 (i) By 25 & 26 Viet. c. 102, s. 64 (post), the vestry or district board 
 may either execute these works themselves or proceed for penalties. An 
 order of a court of summary jurisdiction to clean a ditch and execute struc- 
 tural work under the Public Health Act, 1875, runs from the date of the 
 decision and not of the service of the order ; R. v. Barnet Rural Sanitary 
 Authority, L. R. 1 Q. B. D. 358; and see R. \. St. Allan's Rural Sanitary 
 Authority, 41 J. P. 6. See the power conferred upon the local authority 
 by the 22nd section of the Nuisances Removal Act, 18 & 19 Viet. c. 121, to 
 lay down a sewer where any ditch, &c., is a nuisance and not necessarily in 
 the old line of watercourse ; Earl of Derby v. Bury Improvement Commis- 
 sioners, L. R. 3 Ex. 121, cited in note to section 69, ante. 
 
 (c) See sections 225, 226. 
 
 (d) It was laid down by the Master of the Rolls in Stainton v. Woolrych, 
 Stainton v. Metropolitan Board of Works and the Lewisham District 
 Board of Works, 26 L. J. Ch. 300, that the corresponding proviso in the 
 Metropolitan Sewers Act, 1848, 11 & 12 Viet. c. 112, s. 50, was not limited 
 to the previous part of that section, but that it extended to any work done
 
 18 & 19 VICT. c. 120, ss. 8790. 47 
 
 87. It shall be lawful for any vestry or district board, where they Section 87. 
 think fit, to cause the ditches at the sides of or across public roads ~~~ 
 and byeways and public footways (e) to be filled up, and to substi- owe . r to 
 tute pipe or other drains alongside or across such roads and ways, ^strict ar 
 with appropriate shoots and means of conveying water from such Boards to fill 
 roads and ways thereinto, and from time to time to repair and amend ditches 
 the same ; and the surface of land gained by filling up such ditches J the side 
 may, if the vestry or board so think fit and direct, be thrown into O f roa ds, and 
 such roads and ways, and be repairable as part thereof, and be under substitute 
 the control of the surveyors of tLe highways, or other person in charge pipes. 
 
 of such roads, byeways, or footways. 
 
 88. It shall be lawful for every vestry and district board to provide Power to 
 and maintain urinals, waterclosets, privies, and like conveniences, vestries 
 
 in situations where they deem such accommodation to be required, and district 
 
 and to supply the same with water, and to defray the expense thereof, board to 
 
 and any damage occasioned to any person by the erection thereof, and provide 
 
 the expense of keeping the same in good order, as expenses of sewer- P u " nc con ' 
 
 age, are to be defrayed under this Act. . veniences (/). 
 
 89. If any vestry or district board desire to transfer to the metro- Vestries and 
 politan board of works the powers and duties vested in such vestry district 
 
 or district board in relation to sewerage and drainage, and a resolu- boards ma J. 
 
 tion for so transferring such powers and duties be passed by a 
 
 majority at a meeting of such vestry or district board, specially con- P wers as 
 
 vened for the purpose of considering the question of such transfer, of thT^etropo- 
 
 which not less than fourteen days' notice shall have been given, and jj aQ k oar d 
 
 at which there shall be present not less than two-thirds of the whole Q f wor ]j s fg\ 
 
 number of such vestry or board, then such powers and duties, and all 
 
 sewers and property vested in such vestry or board under this Act, 
 
 for the purposes of or in connexion with such powers and duties, 
 
 shall, at the expiration of one month after notice from such vestry or 
 
 board shall have been given under their seal to the said metropolitan 
 
 board of such resolution having been passed as aforesaid, become 
 
 vested in the said metropolitan board, and the provisions of this Act 
 
 for defraying expenses incurred by such board in the execution of 
 
 this Act shall extend to expenses incurred by them in the execution 
 
 of the powers and duties so transferred to them. 
 
 90. All the duties, powers, and authorities for or in relation to the All powers 
 paving, lighting, watering, cleansing, or improving of any parish relating to 
 
 or required to be done under the provisions of the Metropolitan Sewers Act. 
 But that cannot be so under this enactment, as it only applies to vestries 
 and district boards, and does not include the metropolitan board. 
 
 (e) A local board empowered by a local Act to cause offensive ditches at 
 the side of or crossing public roads, &c., to be covered, and to substitute 
 pipe or other drains, were held to have no right to remove posts and rails, 
 and cover a ditch fenced oft' from the highway ; Tutin v. Local Board of 
 West Ham, 8 Cox. Mag. Ca. 194 ; 8 L. R. C. P. 447. 
 
 (/) An interlocutory injunction against the proposed erection of a urinal 
 in Grosvenor Place, adjacent to the wall of Buckingham Palace, was granted 
 by one of the Vice-Chancellors, but dissolved on appeal to the Lords Jus- 
 tices; SiddulpJt v. Vestry of St. George's Hanover Square, 33 L. J. 
 Ch. 411. 
 
 (g) By the 28th section of 25 & 26 Viet. c. 102, post, these powers 
 are not to be transferred without the previous consent in writing of the 
 metropolitan board.
 
 48 
 Section 90. 
 
 paving, &c. 
 to be vested 
 in vestries 
 and in district 
 boards (a). 
 
 METBOPOLIS LOCAL MANAGEMENT. 
 
 mentioned in schedule (A.) to this Act, or any part of such parish, 
 now vested in any commissioners, or in any body other than the 
 vestry of such parish, or in any officer of any commissioners or other 
 body, and all other duties, powers, and authorities in anywise relating 
 to the regulation, government, or concerns of any such parish or 
 part, or of the inhabitants thereof) except such duties, powers, and 
 authorities as relate to the affairs of the church, or the management 
 or relief of the poor (b), or the administration of any money or other 
 property applicable to the relief of the poor, so far as such duties, 
 powers, and authorities relate thereto), now vested under any local 
 Act of parliament (c) in any commissioners, or in any body other 
 
 (a) By 25 & 26 Yict. c. 102, s. 73, post, Appendix, certain provisions of the 
 General Paving Act, 57 Geo. 3, c. 29, are extended to the metropolis. The 
 25 & 26 Viet. c. 102, s. 101, post, enables vestries and district boards to put 
 an end to any powers of appointment of inspectors of weights and measures 
 existing under any local Acts in their parishes or districts. But that section 
 is repealed by the Weights and Measures Act, 1878, and see substituted 
 provision in section 55 of that Act. The 19 & 20 Viet. c. 112, s. I, post, 
 provides, that where the power of making church rates was vested in an 
 open vestry, or in any meeting in the nature of an open vestry meeting, 
 such power shall not be deemed to have become vested in the vestry consti- 
 tuted under this Act, and the second section saves the rights of any such 
 open vestry or meeting to make church rates (see now 31 & 32 Viet. c. 109, 
 for the abolition of compulsory church rates), or other powers vested in 
 them, or any elected or other vestry, when such vestry or meeting acts ex- 
 clusively in any district created for ecclesiastical purposes. Section 3 of 
 19 & 20 Viet. c. 112, declares that save as thereinbefore otherwise provided, 
 all the duties, &c. (including such as relate to the affairs of the church, or 
 the management or relief of the poor, &c.), shall be deemed to have become 
 transferred to the vestries, &c., constituted under this Act, &c., except 
 duties and powers relating to the affairs of the church, &c., vested in guar- 
 dians, governors, &c. See Carter v. Cropley, cited in note to section 3 of 
 19 & 20 Viet. c. 112, post. The power of making a rate under a local Act 
 for payment of the rector's stipend and other objects, was held to be trans- 
 ferred by this enactment to the vestry under this Act ; R. v. Stretfield, 
 32 L. J. M. C. 236. 
 
 The obligation to light the half of Vauxhall Bridge, in the parish of 
 Lambeth, was decided to have been transferred from commissioners under 
 a local Act to the vestry of Lambeth by this and the 93rd sections ; .2. v. 
 Vestry of Lambeth, 3 B. & S. 1. 
 
 The description " Tower, District of" in Schedule B. to this Act sufficiently 
 designates the area both of the " Old Tower Without" and " Great Tower 
 Hill," and the powers and obligation to pave Tower Hill were held to be 
 transferred from trustees under a local Act to the Whitechapel District 
 Board ; E. v. Trustees of Tower Hill, 30 J. P. 506 Q. B. 
 
 (b) See B. v. Local Government Board, L. R. 9Q. B. 148, as to compen- 
 sation to a solicitor who was employed by trustees whose powers, except 
 those relating to the church, &c , were transferred to the vestry under this 
 Act, and was subsequently deprived of his office by the operation of the 
 Metropolitan Poor Act, 1867. 
 
 (c) See the 247th section, enacting that all Acts of parliament in force 
 in any parish, &c., to which this Act extends, shall, so far as the same are 
 inconsistent with the provisions of this Act, be repealed as regards such 
 parish, &c. See a return made to the House of Commons on the motion of 
 Sir B. Hall, relating to the paving, cleansing, lighting, &c., of each parish 
 and extra-parochial place within the city of Westminster, the borough of 
 Marylebone, &c.,and other places included in the weekly bills of mortality; 
 P. P. 127 (ordered to be printed 15th March, 1855.) The return, so far 
 as it extends, shows the parishes to which the Metropolitan General Paving
 
 18 & 19 VICT. c. 120, ss. 9092. 49 
 
 than the vestry of such parish, or in any such officer, shall cease to be Section 90. 
 o vested, and shall, save as herein otherwise provided, become 
 vested in and be performed and exercised by the vestry of such 
 parish under this Act ; and all the duties, powers, and authorities for 
 or in relation to the paving, lighting, watering, cleansing, or improv- 
 ing of any parish included in any district mentioned in schedule (B.) 
 to this Act, or any part of such parish, now vested in any commis- 
 sioners, vestry, or other body, or in any officer of any commissioners 
 or other body, and all other duties, powers, and authorities in any- 
 wise relating to the regulation, government, or concerns of any such 
 parish, or part, or of the inhabitants thereof (except such duties, 
 powers, and authorities as relate to the affairs of the church, or the 
 management or relief of the poor, or the administration of any money 
 or other property applicable to the relief of the poor, so far as such 
 duties, powers, and authorities relate thereto), now vested under any 
 local Act of parliament in any commissioners, vestry, or other body, 
 or in any such officer, shall cease to be so vested, and shall, save as 
 herein otherwise provided, become vested in and be performed and 
 exercised \)y the board of works for such district ; and the provisions 
 of every such Act of parliament as aforesaid shall be applicable to the 
 vestry of every parish mentioned in the said schedule (A.) and to 
 every such district board accordingly, and the offices of all commis- 
 sioners and persons whose powers are determined by this Act shall 
 cease and be determined, and there shall be no new appointment or 
 election to any such office. 
 
 91. Provided always, that, save as regards the appointment of Saving as to 
 auditors, nothing in this Act shall divest the vestry of any parish, or baths and 
 any commissioners or burial board appointed by any vestry, of any washhouses, 
 powers or property vested in them respectively under the provisions metropolitan 
 of the Act of the session holden in the ninth and tenth years of Her burials, roar- 
 Majesty, chapter seventy-four, or any Act amending the same, or ** ts . and 
 under the provisions of the Act of the session holden in the fifteenth an table 
 and sixteenth years of Her Majesty, chapter eighty-five, or any Act tr 
 amending the same, or in anywise affect the provisions of any of the 
 said Acts (d) ; and nothing in this Act shall extend to or affect any 
 rights, privileges, powers, or authorities vested in any persons in 
 reference to any market, or any powers or rights for or in relation to 
 the administration of any charitable trusts, save that any powers or 
 rights in relation to any such trusts vested or which would have 
 become vested in the existing vestry of any parish shall be vested in 
 the vestry of such parish as constituted by this Act. 
 
 92. Provided also, that all expenses of paving, lighting, watering, Expenses 
 
 cleansing, or improving any parish or any part of any parish men- incurred 
 
 tioned in either of the schedules (A.) and (B.) to this Act, and all ? nder exist ' 
 
 other expenses in relation to the regulation, government, or piiblic in & P wer s 
 
 concerns of any such parish or part, or of the inhabitants thereof relatm ? to 
 
 Act, 57 Geo. 3, c. 29, the Lighting and Watching Act, 3 & 4 Will. 4, c. 90 
 or local Acts apply, and other particulars ; and see Index to the public and 
 private statutes, from 41 Geo. 3 to 22 Viet., part 2, containing local and 
 personal, local and private Acts, compiled by order of the select committee 
 on the library of the House of Lords. 
 
 (d) See 15 & 16 Viet. c. 85, an Act to amend the laws concerning the 
 burial of the dead in the metropolis, amended by 16 & 17 Viet. c. 134, and 
 20 & 21 Viet. c. 35.
 
 50 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 92. except only expenses incurred in relation to the affairs of the church, 
 or for the management or relief of the poor, and other expenses by 
 paving, &c., la\y payable out of any poor rate, which are not herein provided for, 
 to be deemed ,^1 be deemed expenses incurred in the execution of this Act, and 
 euSTn" 1 8haU be defra y ed accords 1 )' () 
 execution of 
 
 this Act. 93. All property, matters, and things whatsoever vested in such 
 
 As to the commissioners or other body, or in any such officer as aforesaid, under 
 
 transfer of anv suc ^- ^ c *> * n connex i n with any such duties or powers as afore- 
 property said, hereby transferred to the vestry of any parish or the board of 
 
 works for any district, shall upon the commencement of this Act be 
 vested in such vestry or board ; and where any such property, matters, 
 or things are vested in any such commissioners or body, or officer, 
 acting for parts extending beyond such parish or district, the metro- 
 politan board of works shall by their order declare in what vestry or 
 district board they shall be vested, and may, if they see fit, appor- 
 tion (6) the same between the vestries and district boards within 
 whose respective districts and parishes such parts may be situate, and 
 the same shall be vested accordingly ; and any money in the posses- 
 sion of any such commissioners or other body, or any such officer, 
 which becomes vested in any such vestry or board under this enact- 
 ment, and the income of any other such property, until sold or dis- 
 posed of, shall be applicable, as nearly as may be, for the like pur- 
 poses as if this Act had not been passed. 
 
 Existing 94. Provided always, that all contracts (c), agreements, bonds, 
 
 contracts, ^ covenants, or securities (d) made or entered into with or in favour of 
 &c., to remain or by suc h commissioners or body, or any person in their behalf, or 
 valid. anv suc } 1 omcer as aforesaid, before the commencement of this Act, 
 
 shall remain as valid and effectual and be proceeded on and enforced 
 as if this Act had not been passed ; and no action, suit, prosecution, 
 or proceeding commenced or carried on by or against such commis- 
 sioners or body or any of them respectively shall abate or be discon- 
 
 (a) The provisions for defraying these expenses are contained in the 158th 
 and following sections. 
 
 (b) It^appears by the annual report of the Metropolitan Board of Works, 
 dated the 30th June, 1857, and presented to parliament, that under this 
 provision, and the 180th section, the board had made orders effecting 
 apportionments of assets, debts, and liabilities in the case of the Foundling 
 Estate affecting the parishes of St. Pancras, St. George, Bloomshury, and 
 St. George the Martyr, and of the Commercial-road trust, in which the 
 parishes and hamlets of St. George the East, Mile-end Old-town, Limehouse, 
 Katcliff, and Poplar were interested. The apportionments referred to in 
 that report relating to the Ratcliff trust, the Goswell-strect trust, the 
 Clapham lighting trust, and the St. George's pavement commission have 
 also since been completed. 
 
 (c) An action commenced after the Act came into operation, upon a 
 contract for cleansing entered into before its passing with trustees under a 
 local Act for a parish within schedule (B.), was held to be correctly brought 
 against the new body, as the parties having control of the funds ulti- 
 mately liable to the payment ; Sinnott v. The Commissioners for Works 
 for the Whitechapel District, 27 L. J. C. P. 177. See action on a bond 
 
 given by the Corporation of London previously to the passing of the 
 Thames Conservancy Act, Brown v. Mayor, fyc., of London, 31 L. J. Ch. 
 280. 
 
 (d) See provisions for discharging existing liabilities under Acts relating 
 to paving, &c., section 180, and cases referred to in note to that section.
 
 18 & 19 VICT. c. 120, ss. 9496. 51 
 
 tinued or prejudicially affected by this Act, but shall continue and Section 94. 
 take effect as if this Act had not been passed ; and all moneys coming 
 to such commissioners or body under any such contract, agree- 
 ment, bond, covenant, security, action, suit, or proceeding, and which 
 would have been applicable by them if this Act had not been passed 
 for the purposes of any of the duties or powers hereby transferred to 
 any vestry or district board, shall be paid over to such vestry or 
 board, or as they may direct, and be applied for the like purposes ; 
 and all moneys and liabilities which such commissioners or body, or 
 officer, would have been liable to pay or discharge, under any such 
 contract, agreement, bond, covenant, security, action, suit, or proceed- 
 ing, out of any rates to be levied under any such powers as aforesaid, if 
 this Act had not been passed, and all costs, damages, and expenses 
 which such commissioners or body, or any of them respectively, 
 might, if this Act had not been passed, have legally defrayed out of 
 any such rates, shall be paid out of rates to be levied by such vestry 
 or board as hereinafter provided. 
 
 95. Where, under the provisions of any local Act in relation to the Existing 
 paving, lighting, watering, cleansing, or improving of any parish commis- 
 mentioned in either of the schedules (A.) and (B.) to this Act, or any sioners, &c., 
 part of any such parish, any election or appointment of any commis- under local 
 sioners or persons whose powers are determined by this Act is Acts con- 
 appointed to take place at any time between the time of the passing tinned in 
 of this Act and the time appointed for the commencement thereof, office until 
 the commissioners or persons now acting under such local Act shall commence- 
 remain in office, and perform and exercise all the duties, powers, and men t i this 
 authorities of such Act, until the commencement of this Act, any- c *' 
 thing in such local Act to the contrary notwithstanding. 
 
 96. Every vestry and district board shall, within their parish or Powers and 
 district (exclusively of any other persons whatsoever), execute the duties of 
 office of and be surveyor of highways, and have all such powers, surveyors of 
 authorities, and duties, and be subject to all such liabilities as any highways, 
 surveyor of highways in England is now or may hereafter be invested an d property 
 with or liable to by virtue of his office, under the laws for the time vested in 
 being in force (e), so far as such powers, authorities, duties, and them, trans- 
 
 re) See 5 & 6 Will. 4, c. 50, Highway Act, 1835, 4 & 5 Viet. c. 51, 
 8 & 9 Viet. c. 71, and 13 & 14 Viet. c. 99. The 25 & 26 Viet. c. 61, High- 
 way Act, 1862 (amended by 27 & 28 Viet. c. 101), enacts that there shall 
 not be included in any highway district, in pursuance of that Act, any 
 parish or place within the limits of the metropolis denned by the Metro- 
 polis Management Act, 1855. By 41 & 42 Viet. c. 77, Highway and 
 Locomotives (Amendment) Act, 1878, s. 2, the Act shall not, save as 
 thereby expressly provided, apply to any part of the metropolis. The second 
 part of that Act amending the Locomotives Acts, 1861 and 1865, confers 
 powers on the corporation of London and the metropolitan board in relation 
 to locomotives. 
 
 A surveyor of highways appointed under 5 & 6 Will. 4, c. 50, was held 
 not liable for damages arising from the non-repair of a highway ; Young v. 
 Davis, 31 L. J. Ex. 250, and as to non-liability of a surveyor of county 
 bridges ; McKinnon v. Simon, 9 Ex. 609. 
 
 The common law liability of a parish to repair its highways is not trans- 
 ferred to vestries by the operation of this Act, and no action lies against a 
 vestry for damage arising from the non-repair of a highway ; Parsons v. 
 Vestry of Bethnal Green, 37 L. J. C. P. 62, in accordance with Young v. 
 E 2
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 96. liabilities are not inconsistent with this Act ; "but all expenses which 
 under any such law ought to be defrayed by highway rates shall 
 , be defrayed by means of the rates to be" raised under this Act, and 
 ^ a11 mone y s which would be applicable in aid of such highway rates 
 
 ferred to 
 
 district 
 boards. 
 
 Davis, supra. NOT against a local board constituted by the Public Health 
 Act; Gibson v. Mayor of Preston, L. R. 5 Q. B. 218, and see White v. 
 Local Board of Hindley, L. R. 10 Q. B. 219, There is no liability on a 
 vestry under this Act for nonfeasance, per Lush, J., in Guardians of Hoi- 
 born 'Union v. St. Leonard's Shoreditch, 41 J. P. 38. 
 
 But a local board are liable for damage caused by the negligence of one 
 of their servants ; Foreman v. Mayor of Canterbury, 40 L. J. Q. B. 138; 
 L. R. 6 Q. B. 214, contrary to Holliday v. Vestry of St. Leonard Shoreditch, 
 30 L. J. C. P. 361, which decision was said by Blackburn, J., to have been 
 virtually overruled since the case of the Mersey Docks Co. v. Penhallow, 
 L. R. 1 E. & Ir. App. 93, where it was held on appeal from the Ex. Ch. that 
 trustees empowered by statute to levy tolls, but not deriving any personal 
 benefit are liable in their corporate capacity for damage occasioned by the 
 default of their servants; Parnabyv. Lancaster Canal Co., 11 A. & E. 223, 
 approved of. Certain observations of Lord Cottenham in Duncan v. Find- 
 later, 6 Cl. & F. 894, were dissented from. So also drainage commis- 
 sioners, bound to maintain a sluice, were held not exempted from liability 
 for the negligent performance of that duty by their servants, by reason of 
 their being commissioners for public purposes ; Coe v. Wise, L. R. 1 Q. B. 
 711. And a body empowered to maintain a towing path and take tolls for 
 the benefit of the public only, were held liable for damage caused by the 
 neglect of that duty ; Winch v. Conservators of Thames, 41 L. J. C. P. 241. 
 And see action for damage from non-repair of a footpath against the com- 
 missioners under a Local Improvement Act incorporating Towns Improve- 
 ment Clauses Act, 1847, and thereby made liable to an indictment for 
 neglect ; Hartnell v. Ryde Improvement Commissioners, 4 B. & S, 361. A 
 local board of health, were held liable for damage arising from the non- 
 repair of a grid part of a sewer, not as surveyors of highways but as owners 
 of the grid ; White v. Hindley Local Board, L. R. 10 Q. B. 219. And see 
 Smith v. West Derby Local Board, L. R. 3 C. P. D. (C.A.) 423, where a 
 local board of health surveyors of highway, and a sewer authority em- 
 ployed a contractor to construct a pipe sewer under a highway, under the 
 superintendence of their surveyor, and the plaintiff's horse was damaged by 
 subsequent subsidence, the board was held liable in an action on the ground 
 that the evidence showed that the work was improperly constructed ; and as 
 to liability for damage from neglect of the duty to fence footpaths imposed 
 by the Towns Improvement Clauses Act, 1847 ; Ohrby v. Ryde Commis- 
 sioners, 33 L. J. Q. B. 296. 
 
 See order of a police magistrate to repair a bridge on the expiration of a 
 turnpike trust ; London Chatham and Dover Railway Co. v. Wandsworth 
 District Board of Works, 42 L. J. M. C. 70. 
 
 Where a surveyor of highways, appointed by a vestry, lets the work to a 
 contractor and does not personally interfere, he is not responsible for damage 
 occasioned by the negligence of the contractor ; Taylor v. Gh-eenhalgh, L. R. 
 9 Q. B. 487, but otherwise where he contracts for part of the work only ; 
 Pindlebury v. Greenhalgh (on appeal from Q. B.), L. R. 1 C. A. 37 ; and 
 see Reid v. Darlington Highway Board, 41 J. P. 581 Q. B. 
 
 Where a work is in course of execution from which danger may arise to 
 others, the party ordering the work is bound to take measures for prevent- 
 ing damage to others, and he cannot divest himself of his liability by trans- 
 ferring the duty to a contractor; Gray v. Pullen, 5 B. & S. 970, 981, and 
 see Sower v. Peate, 40 J. P. 789, and Pickard v. Smith, 10 C. B. (N.S.) 
 470. Where it is said that " if an independent contractor is employed to do a 
 lawful act ; and in the course of his work he or his servants commit some 
 casual act of wrong or negligence, the principal is not liable, but in this
 
 18 & 19 VICT. c. 1'20, s. 96. 53 
 
 shall be applied in aid of the said rates to be raised under this Act, Section 96. 
 and no sucn vestry or board shall be subject to any provisions con- 
 case the act occasioning the injury is one which the contractor was employed 
 to do." See observations of Field, J., in Sower v. Peate supra. 
 
 See action against a surveyor of a highway board committing a trespass 
 by order of the board on a disputed highway ; Mill v. Hawker, 10 Cox. 
 Mag. Ca. 147 ; 43 L J. Ex. 129 ; 44 L. J. Ex. 49. 
 
 In a certificate of justices for stopping up a highway within the metro- 
 polis under the General Highway Act, the justices are not called upon to 
 state any of the preliminary matters required by section 84 of the Act ; 
 Harvey v. Vestry of Bethnal Green, 39 J. P. 262, and see observation 
 of Mr. Justice Blackburn, that he did not proceed on the ground of any 
 distinction between a country and a metropolitan vestry. 
 
 A parish was held not liable to be convicted on an indictment for the 
 non-repair of a sea wall washed away by the sea over which there was an 
 alleged road; S. v. St. Paul, 2 M. & R. 307, and see E. v. Severn and Wye 
 Railway Co., 2 B. & A. 646. 
 
 A landslip from the encroachment of the sea was determined to be not 
 such a destruction of the highway as to exempt the parish from its liability 
 to repair ; E. v. Greenhow, L. R. 1 Q. B. 703 ; as to implied extinction of 
 right of way by statute, refer to Corporation of Yarmouth v. Simmons, 
 L. R. 10 Ch. D. 511. 
 
 A metropolitan vestry was held liable to repair the flagstones forming the 
 covering of a cellar and used for passage by the public ; Hamilton v. Vestry 
 St. George's Hanover Square, 43 L. J. M. C. 41. 
 
 Where access to a road at either end was impossible in consequence of 
 roads leading to it having been legally stopped up, it ceases to be a high- 
 way ; Bailey v. Jamieson, L. R. 1 C. P. D. 329. 
 
 The public have a primd facie right of passage over the whole road j S,. 
 v. Electric Telegraph Co., 31 L. J. M. C. 166. 
 
 But there may be a partial dedication of a way ; Le Neve v. Vestry of 
 Mile End Old Town, 27 L. J. Q. B. 208, and see Fisher v. Prowse, 31 L. J. 
 Q. B. 212. There cannot be a qualified dedication subject to the power of 
 resumption ; Barraclough v. Sheppard, 8 A. & E. 99. There may be a 
 dedication of a road for a limited purpose, but not for a limited portion of 
 the public; Poole v. Huskinson, 11 M. &. W. 827, and see Vestry of 
 Bermondsey v. Brown, L. R. 1 Eq. 204; 30 J. P. 118. 
 
 The same evidence of user will raise the presumption of a right of way 
 for the public along a river wall, as in every other case of uninterrupted user ; 
 District Board of Greenwich v. Maudslay, L. R. 5 Q. B. 397. 
 
 Where the owner and occupier of premises conveyed goods therefrom 
 across a flagged foot pavement and crushed the paving stones, he could not 
 under the circumstances be convicted under 5 & 6 Will. 4, c. 52, s. 72, for a 
 nuisance, as the owner of land dedicated to the public may enjoy all 
 rights consistent with the dedication ; Vestry of Newington v. Jacobs, 41 
 L. J. M. C. 72. 
 
 It is a nuisance to plough up a common footpath ; JR. v. Cross, 3 Campb. 
 226, but there may be a qualified dedication of a way subject to such right ; 
 Mercer v. Woodgate, 39 L. J. M. C. 21. 
 
 See presumption of a dedication of a street subject to the right of having 
 a cellar flap in it; Fisher v. Prowse, 2 B. & S. 770, and a right of occupier 
 to have steps leading to his house; Cooper v. Walker, ibid., and see 
 Rollins v. Jones, 15 C. B. (N.S.) 221 ; as to a right of way across a field 
 subject to the right of ploughing it up periodically, see Mercer v. Woodgate, 
 supra, Arnold v. Blackett, L. R. 6 Q. B. 433, and refer to Arnold v. 
 Holbrooh, L. R. 8 Q. B. 96; Brackenbury v. Thoresby, 33 J. P. 565, and 
 Rankin v. Forbes, 34 J. P. 
 
 In Gerring v. Barker, 28 J. P. 615, it was held that there was no evidence 
 of user justifying an innkeeper in putting vehicles on market days on ground 
 forming part of a highway.
 
 54 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 96. cerning the accounts of surveyors of highways, or requiring any 
 ' returns to be made to any special sessions ; and all streets being high- 
 ways (a), and the pavements, stones, and other materials thereof, and 
 all other things provided for the purposes thereof by any surveyor of 
 highways, or by any person serving the office of surveyor of high- 
 ways, or by any vestry or district board under this Act, shall vest 
 in (6) and be under the management and control of the vestry or dis- 
 trict board of the parish or district in which such highways are situate. 
 
 Although there is no common law right of towing along the bank of a 
 navigable river, there may be a limited dedication to the public for that 
 purpose; Winch v. Thames Conservators, 41 L. J. C. P. 241. 
 
 (a) A street which has been dedicated and used, but has not been repair- 
 able by the parish in manner provided by 5 & 6 Will. 4, c. 50, may never- 
 theless still be a highway ; Roberts \. Hurst, 15 Q. B. 17 ; and see R. v. 
 Dayman, 26 L. J. M. C. 129. 
 
 (6) Where a railway company was empowered for public convenience to 
 widen a bridge over a" lane, but their compulsory powers had expired, the 
 Court of Chancery refused to interfere by injunction at the instance of the 
 district board ; for though the soil of the lane was said to be vested in the 
 board, it was for the convenience of the public, and the inconvenience to 
 the public from the works would be little or none ; Board of Works of 
 Wandsworth District v. London and South Western Railway Co., 8 Jur. 
 (N.s.) 691. Ordinarily the freehold of the highway belongs to the owner of 
 the freehold of the soil ; Sir John Lade v. Shepherd, 2 Str. 1004, who is 
 entitled to all trees upon it and mines under it ; 1 Burr. 143 ; and may 
 bring trespass or ejectment ; Stevens v. Whistler, 11 East. 51 ; and ordi- 
 narily the soil of a turnpike road does not vest in turnpike trustees; 
 Damson v. Gill, 1 East. 69. The owner of the soil of a public way was 
 held entitled to an injunction to restrain a stranger from laying down pipes 
 there ; Goodson v Richardson, L. R. 9 Ch. 221. 
 
 The right of the owner of land abutting' on a highway ad medium filum 
 vice, is founded on a presumption existing only in the absence of evidence of 
 actual ownership ; Beckett v. Corporation of Leeds, L. R. 7 Ch. 421. 
 
 The meaning of the word " vested " in a sanitary provision under the Public 
 Health Act came under the incidental notice of the Master of the Rolls in Bag- 
 shaw v. Buxton Local Board of Health, L. R. 1 Ch. D. 220, where he uses the 
 expression " vested sub modo, not giving the highway board necessarily a right 
 to the soil." But it was decided in Coverdale v. Charlton, L. R. 3 Q. B. D. 376, 
 that the " vesting" meant by the 149th section of the Public Health Act, 
 1875, was an actual vesting of the property in the lane, not merely of user 
 and control for highway purposes, and see cases referred to in note to 
 sections 68, 69, ante. See case of Coverdale v. Charlton (affirmed on 
 appeal), 43 J. P. 268, and observations of Lord Justices Bramwell and 
 Brett, to the effect that the " vesting " meant is for the purpose of 
 doing what is usually and necessarily done underneath a street. A wall 
 was held an obstruction within the meaning of the Towns Improvement 
 Clauses Act, 1867, sections 69, 70, whatever the width of the unen- 
 closed part, and the High Court of Justice had jurisdiction to determine 
 whether the ground on which the wall stood was or was not part of 
 the highway; and see observations of the Master of the Rolls as to 
 the rights of surveyors and others for the prevention of nuisances ; Bagshaw 
 v. Buxton Local Board oj Health, L. R., Ch. D. 229. The Highways and 
 Locomotives (Amendment) Act, 1878, section 27, enacts that notwithstanding 
 anything in the Public Health Acts, 1848 and 1875, all mines and minerals 
 of any description whatsoever under any disturnpiked road or highway 
 which has or shall become vested in an urban sanitary authority by virtue 
 of the sections referred to shall belong to the person who would be entitled 
 thereto in case such road or highway had not become so vested. 
 
 A conviction under the 69th section of 5 & 6 Will. 4, c. 50, was held a
 
 18 & 19 VICT. c. 120, s. 97. 55 
 
 97. Provided always, that all rates made previously to the com- Section 97. 
 mencement of this Act for defraying the expenses of executing any .T~ 
 
 duties, powers, and authorities hereby transferred to any vestry or ^ rov | sion as 
 
 already i 
 in parish __ 
 
 not been passed (c), and, subject to the payment or retainer thereout schedule (A ) 
 of any sum or expenses lawfully payable out of such respective rates, 
 shall, where such rates are levied in a parish mentioned in schedule 
 (A.) to this Act, be accounted for and paid over to the vestry of such 
 parish, and shall, where levied in any other parish, be accounted for 
 and paid over to the board of works for the district in which such 
 parish is comprised, and shall in every case be applied in aid of the 
 rates to be raised for the like purposes under this Act in the particular 
 parish or part in which the said rates so made previously to the com- 
 mencement of this Act are levied. 
 
 defence to a surveyor's pulling down a house pursuant to it, although the 
 conviction was wrongful ; Keane \. Reynolds, 2 E. & B. 748. 
 
 It was decided in Denny v. Thwaites, L.^R. 2 Ex. D. (C.A.) 21, that a high- 
 way surveyor bond fide taking up drain pipes was not guilty of malicious 
 damage under 24 & 25 Viet. c. 97, s. 52. 
 
 As to driving cattle through the streets on a Sunday in alleged contraven- 
 tion of a local Act for the parish of Islington, see Triggs v. Lester, 30 J. P. 
 228. 
 
 In a proceeding for a penalty for encroachment on a highway hy a building 
 contrary to the 51st section of 27 & 28 Viet. c. 101, the six month's limita- 
 tion in Jervis' Act runs from the completion of the building ; Coggins v. 
 Bennett, L. R. 2 C. P. D. 568, The term "owner" as employed in section 
 65 of Highway Act, 1835, means the actual occupier of the land whether he 
 be the owner or merely tenant from year to year ; Woodard v. Billericay 
 Highway Board, 43 J. P. 224. . 
 
 To maintain an action for the obstruction of a highway, the plaintiff must 
 have sustained thereby a special damage apart from the rest of the public ; 
 Winterbottom v. Earl of Derby, 31 J. P. 568, 36 L. J. 194, and 870, 
 Benjamin v. Storr, 43 L. J. C. P. 162 ; Bateman v. Bluck, 18 Q. B., and 
 see Mayor of Colchester v. Brooke, 7 Q. B. 339. 
 
 It is an indictable nuisance to dig trenches in a highway without parlia- 
 mentary power ; R. v. Langton Gas Co., 2 E. & E. 651, and see R. v. 
 Train, 2 B. & S. 640 ; R. v. Electric Telegraph Co., 31 L. J. M. C. 166. 
 An injunction to restrain a borough corporation from excavating a parish 
 road in order to lay down sewers was refused ; Taylor v. Corporation of Old- 
 ham, L. R. 4 Ch. D. 200. A license by a local board to repair a highway in 
 consideration of an annual payment was held valid ; Edgeioare Highway 
 Board v. Harrow Gas Co., 44 L. J. Q. B. 1. 
 
 There cannot be a legal custom to put up stalls for the sale of refresh- 
 ments on a highway at statute sessions, and the person erecting such is 
 liable to be convicted under the 72nd section of General Highway Act; 
 Simpson v. Webb, 41 L. J. M. C. 105. 
 
 Where the jury found an encroachment on a highway to be inappre- 
 ciable, a verdict of not guilty was held justifiable; R. v. Lepine, 33 J. P. 
 723. Letting trees grow over a highway causing obstruction held not a 
 wilfully obstructing under section 72 of General Highway Act ; Walker v. 
 Harner, L. R. 1 Q. B. D. 4 ; and as to rain drip from eaves ; see Crossdill 
 v. Ratcliff, 26 J. P. 807 See 25 & 26 Viet. c. 102, s. 71, post, as to 
 transfer of property of surveyors of highways to vestries and district 
 boards, and as to payment to them of income of estates subject to trusts 
 for repair of highways. 
 
 (f) The arrears must be collected by the new vestry ; R. v. Ingham, 20 
 J. P. 772.
 
 56 
 Section 98. 
 
 Vestry or 
 district board 
 to cause 
 streets to be 
 paved. 
 
 Owners 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 98. It shall be lawful for every vestry and district board from 
 time to time to cause all or any of the streets (a) within their parish 
 or district, or any part thereof respectively, to be paved (6) or 
 repaired when and as often and in such form and manner and with 
 such materials as such vestry or board think fit, and to cause the 
 ground or soil thereof to be raised or lowered, and the course of the 
 channels running in, into, or through the same to be turned or 
 altered, in such manner as they think proper, and to alter the 
 position of any mains or pipes (c) in or under such street, such 
 alteration to be made subject to the approval of the engineer of the 
 company to which such mains or pipes belong. 
 
 99. Provided always, that whenever the freehold of any court,, 
 passage, or public place, not being a thoroughfare, is vested in the 
 owner of any adjoining house, the paving of such court, passage, or 
 public place shall be done by such owner, if deemed expedient or 
 necessary by the vestry or district board (d). 
 
 100. The owner of any such court, passage, or public place, not 
 being a thoroughfare (e), shall, if required by the vestry or district board 
 of the parish or district in which the same is situate, to the satisfac- 
 tion 01 such vestry or district board sufficiently pave, cover the 
 surface of, or repair the same, and lay, at a proper level, through, 
 over, under, or along such part thereof #s such vestry or board may 
 require, a drain, channel, or gutter, and keep such pavement or 
 covering, and drain, channel, or gutter, in good repair, to the satis- 
 faction of such vestry or board ; and if any such owner of any court,, 
 passage, or public place, not being a thoroughfare, do not sufficiently 
 pave or cover the same as aforesaid, or do not lay down therein such 
 drain, channel, or gutter, or do not repair the same respectively, to- 
 the satisfaction of such vestry or board, within 14 days after notice 
 in writing requiring him so to do has been given to him by such 
 vestry or board, every such person so offending shall forfeit and pay 
 any sum not exceeding 5 (/). 
 
 Vaults and 101. No vault, arch, or cellar shall be made under any street 
 
 cellars under without the consent of the vestry or district board of the parish or 
 streets not to district in which the same is situate ; and all such vaults, arches, and 
 
 freehold of 
 courts, &c. 
 to pave the 
 same. 
 Owner of 
 courts to 
 drain them, 
 and keep the 
 pavement, &c., 
 in repair. 
 
 Penalty on 
 owners for 
 neglect. 
 
 (a) By section 250 the word "street" is not to include the carriage-way 
 of any turnpike road. The 244th section places the footpaths of turnpike 
 roads under the management of vestries and district boards. 
 
 (b) By section 112 of 25 & 26 Viet. c. 102, post, the word "pave" 
 includes the formation of the roadway or footway of any street. See, as to- 
 the extent of the powers given to vestries, &c., by this section, R. v. Train, 
 and others, 31 L. J. M. C. 169. Laying down a tramway is not a mode 
 of paving within this section, Ibid. 
 
 (c) See regulations as to the breaking up of pavements by companies, 
 section 109, et seq. 
 
 (d) See the 78th section of 25 & 26 Viet. c. 102, post, as to flagging 
 footways at the cost of the occupiers of property abutting on or next to 
 such footways; and section 77 of 25 & 26 Viet. c. 102, as to paving new 
 streets at cost of owners. 
 
 (e) A road may be a highway, though not a thoroughfare, Bateman v. 
 Muck, 21 L. J. Q. B. 406. 
 
 (/) 25 & 26 Viet. c. 102, s. 81, post, enables the vestry, &c., in lieu of 
 enforcing the penalty, to execute the works and recover the expenses from 
 the owner.
 
 18 & 19 VICT. c. 120, ss. 101108. 57 
 
 cellars hereafter to be made within any parish or district mentioned Section 101, 
 in either of the schedules (A.) and (B.) to this Act shall be substan- , ~r~ 
 tially made, and so as not to interfere or communicate with any - t ma t e fh 
 drain or sewer under the control of any vestry or district board, or of W1 ou , . f. 
 the metropolitan board of works, without their consents respectively 
 first obtained ; and if any vault, arch, or cellar be made contrary to 
 this provision, it shall be lawful for the vestry or district board, or 
 for the metropolitan board of works, to fill up or alter the same, and 
 the expenses incurred thereby shall be paid by the owner of such 
 vault, arch, or cellar. 
 
 102. All vaults, arches, and cellars made either before or after the Vaults, &c., 
 commencement of this Act under any street in any parish or district under streets 
 mentioned in either of the schedules (A.) and (B.) to this Act, and to be repaired! 
 all openings into the same in any such street, shall be repaired and by owners or 
 kept in proper order by the owners or occupiers of the houses or occupiers, 
 buildings to which the same respectively belong ; and in case any 
 
 such vault, arch, or cellar be at any time out of repair, it shall be 
 lawful for the vestry or district board of such parish or district to 
 cause the same to be repaired and put into good order, and to recover 
 the expenses thereof irom such owner in the manner hereinafter 
 provided (h). 
 
 103. Any room of a house, the surface of the floor of which room is Provisions 
 more than three feet below the surface of the footway of the adjoin- as to the 
 ing street, and any cellar where such room or cellar is or has been occupation of 
 occupied separately as a dwelling at or before the time of the passing underground 
 of this Act, may continue to be so let or occupied if it possess the r o m8 as 
 following requisites ; that is to say, dwellings (i). 
 
 If there be an area not less than three feet wide in every part 
 from six inches below the floor of such room or cellar to the 
 surface or level of the ground adjoining to the front, back, or 
 external side thereof, and extending the full length of such 
 side ; 
 
 If such area, to the extent- of at least five feet long and two feet 
 six inches wide, be in front of the window of such room or 
 cellar, and be opened or covered only with open iron gratings ; 
 
 If there be in every such room or cellar an open fireplace, with 
 proper flue therefrom ; 
 
 If there be a window opening of at least nine superficial feet in 
 area, which window opening must be fitted with a frame filled 
 in with glazed sashes, of which at the least four and a half super- 
 ficial feet must be made to open for ventilation : 
 And no such room nor any cellar not so let or occupied as aforesaid 
 
 (g) See note to section 211 as to appeal against proceedings of vestries 
 under this provision. 
 
 (h) As to recovery of expenses, see sections 225, 226. This provision 
 applies only to cellars which are a complete construction in themselves, 
 arched over and with roofs independent of the pavement; Hamilton v. 
 Vestry of St. George's, Hanover Square, L. R. 9 Q. B. 42. This section 
 does not make a landlord liable for an accident from a defective cellar-plate 
 where the obligation to repair is by a lease cast upon the tenant. 
 
 (i) The 23rd section of the Metropolitan Building Act, 18 & 19 Viet. c. 
 122, post, Appendix, lays down rules for the construction of habitable 
 rooms hereafter constructed ; and the 3rd rule makes reference to the pre- 
 sent provision. See penalties imposed by that section.
 
 58 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 103. at or before the time of the passing of this Act shall be so let 
 or occupied unless it possesses the following requisites ; that is 
 to say, 
 
 Unless the same be in every part thereof at least seven feet in 
 
 height, measured from the floor to the ceiling thereof ; 
 Unless the same be at least one foot of its height above the .sur- 
 face of the footway of the street adjoining or nearest to the 
 same ; 
 
 Unless there be outside of and adjoining the same room or cellar, 
 and extending along the entire frontage thereof and upwards, 
 from six inches below the level of the floor thereof up to the 
 surface of the said footway, an open area at least three feet wide 
 in every part ; 
 Unless the same be effectually drained and secured against the 
 
 rise of effluvia from any sewer or drain ; 
 
 Unless there be appurtenant to such room or cellar the use of a 
 watercloset or privy, and an ashpit, furnished with proper doors 
 and coverings kept and provided according to the provisions of 
 this Act ; 
 
 Unless the same have a fireplace with a proper chimney or flue ; 
 Unless the same have an external glazed window of at least nine 
 superficial feet in area clear of the frame, and made to open in 
 such manner as is approved by the surveyor of the metro- 
 politan board of works : 
 
 Provided always, that in any area adjoining a room or cellar there 
 may be placed steps necessary for access to such room or cellar, and 
 over or across any such area there may be steps necessary for acccess 
 to any building above the room or cellar to which such area adjoins, 
 if the steps in such respective cases be so placed as not to be over or 
 across any such external window : 
 
 And whosoever lets, occupies, or continues to let, or knowingly 
 suffers to be occupied, any room or cellar contrary to this Act, shall 
 be liable for every such offence to a penalty not exceeding 20s. for 
 every day during which the same continues to be so let or occupied ; 
 and every room or cellar in which any person passes the night shall 
 be deemed to be occupied as a dwelling within the meaning of this 
 Act : and every district surveyor acting under the Act of the session 
 holden in the seventh and eighth years of Her Majesty, chapter 
 eighty-four, or under any Act repealing or amending the same, shall, 
 without any fee or reward, report (a) periodically, and otherwise, as 
 the said metropolitan board may order, to such board all cases in 
 which rooms or cellars are occupied contrary to this enactment in the 
 district of such surveyor, and also to the respective vestries and dis- 
 trict boards all such cases occurring within such parts of his district 
 as may be within their respective parishes and districts ; but nothing 
 herein contained shall be construed to disable other persons from 
 enforcing this enactment, and taking proceedings for penalties there- 
 under. 
 
 Power to dis- 1^- For tne purpose of enforcing the enactment lastly herein- 
 
 trict surveyors before contained it shall be lawful for any such district surveyor, or 
 
 to enter under- for any other person, having reasonable grounds for believing that 
 
 ground rooms any room or cellar is occupied contrary to such enactment, to demand 
 
 and cellars. 
 
 (a) See now section 62 of 25 & 26 Viet. c. 102, post, as to reports of 
 district surveyors on underground rooms or cellars occupied as dwellings, 
 not built or constructed in conformity with the rules contained in this 
 section, and as to proof of such occupation.
 
 18 & 19 VICT. c. 120, ss. 104, 105. 59 
 
 admission to inspect the same at any time between nine o'clock in Section 104. 
 the morning and six o'clock in the evening ; and if admission be not 
 
 granted, any justice having jurisdiction in the place where such room If admission 
 
 or cellar is situate may, on oath before him of belief that such room refused, justice 
 
 or cellar is occupied contrary to the said enactment, by order under may issue an 
 
 his hand authorize such district surveyor or other person to enter order (b). 
 into and inspect such room or cellar between the hours aforesaid. 
 
 105. In case the owners of the houses (c) forming the greater part of Provisions for 
 any new street (d) laid out or made, or hereafter to be laid out or paving new 
 
 cfv*U3atc 
 
 (5) Where justices declined to make an order of entry on lands, under 
 Public Health Act, 1875, s. 305, held they had no power to state a case 
 under 20 & 21 Viet. c. 43 ; District Sanitary Authorities v. Aldrich, 41 
 J. P. 549. 
 
 (c) By the 77th section of 25 & 26 Viet. c. 102, post, owners of land 
 are made liable to contribute to the expenses mentioned in this section. 
 
 It will be convenient to set out the section here, and at the same time to 
 refer to the cases which have arisen under it. It is in the following terms : 
 
 " Where any vestry or district board shall, under the powers given by 
 section 105 of the firstly-recited Act, have paved or be about to pave any 
 new street, the owners of the land bounding or abutting on such street 
 shall be liable to contribute to the expenses or estimated expenses of paving 
 the same, as well as the owners of houses therein, provided that it shall be 
 lawful for the vestry or district board to charge the owners of land in a 
 less proportion than the owners of house property, should they deem it 
 just and expedient so to do; and any such cost or expenses, including the 
 cost of paving at the points of intersection of streets and all other inci- 
 dental costs and charges, shall be apportioned by the vestry or board, and 
 shall be recoverable either before the work shall be commenced, or during 
 its progress, or after its completion ; and it shall be lawful for the vestry 
 or district board at their discretion to accept payment of the amount appor- 
 tioned or charged in respect of each house or premises by instalments 
 spread over a period not exceeding twenty years, and any such amount 
 shall be recoverable from the present or any future owner of the premises, 
 either by action at law, or in a summary manner before a justice of the 
 peace, at the option of the vestry or board." 
 
 (d) By 25 & 26 Viet. c. 102, s. 112, post, the expression " new street " 
 includes all streets hereafter to be formed or laid out, and a part of any such 
 street, and also all streets, the maintenance of the paving and roadway 
 whereof had not, previously to the passing of this Act, been taken into charge 
 and repaired by the commissioners, trustees, surveyors, or other authorities 
 having control of the pavements or highways in the parish or place in which 
 such streets are situate, and a part of any such street and also all streets 
 partly formed or laid out. The liability to the expenses of paving new streets 
 is by this the 105th section cast upon the owners of the houses forming 
 such street, &c. ; and by the 77th section of the Amending Act, the liability is 
 extended to the " owners of the land bounding or abutting on such street." 
 The language of the 150th section of the Public Health Act, 1875, 
 describes the parties to whom notice is to be given as " the owners or 
 occupiers of the premises fronting, adjoining, or abutting on private 
 streets," and the decisions on that provision threw light upon the enact- 
 ments under consideration, and are referred to here. 
 
 Where a police magistrate dismissed a summons for a share of the 
 expense of paving a new street, on the ground that the street having been 
 dedicated to the public before the Act, was not a " new street " within its 
 meaning, the court (dissentiente Erie, J.) held that there had been a hear- 
 ing and adjudication ; S. v. Dayman, 26 L. J. M. C. 128. 
 
 Whether a street is a new street or not is a matter of fact for the justice 
 to determine ; Bowles v. St. Mary's, Islington, 39 J. P., 757.
 
 (30 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 105. made, which is not paved (a) to the satisfaction of the vestry or dis- 
 
 trict board of the parish or district in which such street is situate, be 
 
 desirous of having the same paved, as hereinafter mentioned, or if 
 such vestry or board deem it necessary or expedient that the same 
 should be so paved, then and in either of such cases such vestry or 
 board shall well and sufficiently pave the same, either throughout the 
 whole breadth of the carriageway and footpaths thereof, or any part 
 of such breadth, and from time to time keep such pavement in good 
 and sufficient repair (6) ; and the owners (c) of the houses (d) forming 
 such street shall, on demand, pay to such vestry or board the amount 
 
 A country lane repaired by the parish time out of mind becomes a " new 
 street" within the Metropolis Management Acts, when houses are built 
 on the sides of the lane ; and the words " land bounding or abutting on 
 such street " include the soil of private roads leading out of a new street ; 
 Pound v. Plumstead Board of Works ; Lord Northbrook v. Plumstead 
 Board of Works, L. R. 7, Q. B. 183. 
 
 And the expression " new street " is not confined to streets dedicated to 
 the public ; therefore, where the vestry paved the carriage-way of a road 
 which had not been dedicated, the owners of the houses on either side 
 were held liable to the expenses as it was a new street within section 
 112 of the Amending Act, 1862 ; Vestry of Islington v. Barrett L. R. 
 9, Q. B. 278. 
 
 A bridge over a railway was decided to be a new street within the Metro- 
 polis Management Acts ; North London Railway Company v. Islington 
 Vestry, 8 Cox Mag. Ca. 35. 
 
 Where houses in a yard communicating by a gateway with a street 
 abutted on houses in the street, they were decided to be situate in the 
 street and liable to a paving rate ; Baddeley v. Qingell, 1 Ex. R. 319 ; and 
 see School Board of London v. Islington Vestry, L. R. 1 Q. B. D. 55. 
 
 Premises divided from a road not being a highway by a small stream, 
 held under the Public Health Act, 1848, to be fronting and abutting on a 
 street ; WakefieU Local Board of Health v. Lee, L. R. 1 Ex. D. (C.A.) 336. 
 
 In a proceeding before justices, taken to recover expenses of paving 
 under the Public Health Act, it was held competent for the owner to show 
 that the street was a highway, repairable by the parish ; Hesketh v. Local 
 Board of Health of Atherton, L. R. 9 Q. B. 4; and see E. v. Livesey, 20 
 L. T. (N.S.) 470; and Nisbett v. Greenwich District Board, 39 J. P. 582. 
 
 (a) See definition of "pave," 25 & 26 Viet. c. 102, s. 112. 
 
 (5) Subsequent repairs to a road must be done at the expense of the 
 vestry, whether it has become a highway or not ; B. v. Hackney District 
 Board, L. R. 8 Q. B. 528. 
 
 Where the cost of paving a new street had been charged on the general 
 rate, the court ordered the board to restore the amount to the general rate 
 and levy it on owners of house and lands adjoining ; Attorney- General v. 
 Wandsworth District Board, L. R. 6 Ch. D. 539; and see Drydenv. 
 Overseers of Putney, L. R. 1 Ex. D., (C. A.) 223. 
 
 (c) A trustee of a school for poor children was held liable to the expense of 
 paving, &c., a private street as owner under Public Health Act, 1848; 
 Bowditch v. Wakefield Board of Health, L. R. 6 Q. B. 567. 
 
 As to liability of owners of premises abutting on a lane not a thorough- 
 fare used for many years as an access to houses; Dodd v. Vestry of St. 
 Pancras, 34 J. P. 517. 
 
 Where certain land belonging to a railway company, including the 
 slope of an embankment, abutted on a new street paved by the vestry, the 
 railway company were held liable to contribute to the paving as owners of 
 "land;" Higgins v. Harding, L. R. 8 Q. B. 7. 
 
 A church built on land conveyed to commissioners for building additional 
 churches, is neither a house nor land under this or the 77th section of the
 
 18 & 19 VICT. c. 120, s. 105. 61 
 
 of the estimated expenses of providing and laying such pavement Section 105. 
 (such amount to be determined by the surveyor for the time being of 
 the vestry or board) (e) ; and in case such estimated expenses exceed 
 the actual expenses of such paving, then the difference between such 
 
 Metropolis Management Amendment Act, 1862; Angell v. Vestry of 
 Paddington, L, R. 3 Q. B. 714. 
 
 As to non-liability to these expenses of the owner in fee of land let for 
 building purposes within this and the Metropolis Management Amend- 
 ment Act, 1862; see Lady Holland v. Kensington Vestry, L. R. 2 C. P. 565. 
 
 Where the owners of land sold for building purposes, made roads across 
 them, and dedicated them to the public, they were held improperly charged 
 with the expense of paving them, as they were not " owners " within these 
 Acts; Plumstead Board of Works v. British Land Company, L. R. 10 
 Q. B. 203, reversing the judgment of the Q. B. and Northbrook v. Plum- 
 stead, supra, was distinguished. 
 
 The vestry are the sole judges of the expediency of paving a new street, 
 and the apportionment of their surveyor cannot be questioned before the 
 magistrate ; Vestry of Chelsea v. Evans, 34 J. P. 404 ; Nesbitt v. District 
 Board of Greemoich, L. R 10 Q. B. 465. 
 
 An apportionment of the expenses on the owners of the houses on one 
 side only of the street is bad ; Vestry of Mile End v. Guardians of 
 Whitechapel Union, L. R. 1 Q. B. D. (C.A.) 680. 
 
 Where a district board resolved that a whole road should be repaired, and 
 the work was executed in sections, and the expenses were divided amongst 
 the owners of the sections separately, the apportionment was held invalid ; 
 Whitchurch v. Fulham District Board, L. R. 1 Q. B. 233. 
 
 As to what are lawful expenses, refer to Poplar District Board v. Love, 
 8 Cox Mag. Ca. 399. 
 
 As to apportionment of expenses for paving a street under the Public 
 Health Act, 1848, according to frontage; R. v. Newport Board of Health, 
 3 B. & S. 341. 
 
 Where a local board of health failed to recover the expenses of sewering, 
 paving, &c., private streets, from ;the owners of the property benefited, the 
 contractor executing the works was held entitled to recover them from the 
 board; Worthington v. Local Board of Mosside, 2 B & S 508. 
 
 Where an apportionment by a surveyor of the expenses of paving, &c., 
 was a nullity, it was held he might make a second apportionment ; Cook \. 
 Ipswich Local Board, L. R. 6 Q. B. 451. 
 
 Covenant by tenant to pay expenses of paving new street ; Thompson v. 
 Lapioorth, L. R. 3 C. P. 149. 
 
 The apportionment of expenses apportioned under section 77 of the 
 Metropolis Management Amendment Act, 1862, may be recovered from 
 the future owner of the premises in respect of which they are assessed, 
 although there was no arrangement to pay by instalments; Plumstead 
 Board of Works v. Ingoldby, L. R. 8 Ex. (Ex. Ch.) 63, 174, 
 
 A judgment recovered by a vestry against a former owner of premises for 
 these expenses remaining unsatisfied, is no answer to an action for the same 
 expenses against the tenant of a succeeding owner ; Vestry of Bermondsey 
 v. Ramsey, L. R. 6 C. P. 247. 
 
 (d) The 77th section of 25 & 26 Viet. c. 102, post, makes owners of land 
 liable to contribute to these expenses, and contains provisions for apportion- 
 ing expenses and accepting payment by instalments. 
 
 (e) It was decided before the Metropolis Local Management Amendment, 
 Act, 1862, that no action lay at the suit of the vestry against an owner for the 
 amount of these expenses, and they could only be recovered by a proceed- 
 ing before justices, under the 225th section ; Vestry of St. Pancras v. 
 Battenlury, 26 L. J. C. P. 243. See now section 77 of the Act of 1862, 
 
 post.
 
 62 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 105. estimated expenses and such actual expenses shall be repaid by the 
 said vestry or board to the owners of houses by whom the said sum 
 of money has been paid ; and in case the said estimated expenses 
 be less than the actual expenses of such paving, then the owners of 
 the said houses shall, on demand, pay to the said vestry or board 
 such further sum of money as, together with the sum already paid, 
 amounts to such actual expenses. 
 
 Vestry or 
 board may 
 declare their 
 intention of 
 repairing any 
 street, not 
 being a high- 
 way (a). 
 
 Act not to 
 authorize the 
 making any 
 thoroughfore 
 without the 
 consent of 
 the proprietor 
 of the estate. 
 Vestries and 
 district 
 boards may 
 place fences, 
 &c., to foot- 
 ways (c). 
 
 1UO. me vesiry or district uoaru 01 any j 
 they think fit, by notice in writing put up : 
 in their parish or district, not being a high\ 
 tion of repairing: the same under this Act, 
 
 106. The vestry or district board of any parish or district may, if 
 ---" > in any part of any street 
 iway, declare their inten- 
 tion of repairing the same under this Act, and thereupon the same 
 shall be from time to time repaired by them under the authority of 
 this Act : Provided (6) always, that no street shall be repaired as 
 last aforesaid unless such notice in writing be also given to all persons 
 interested in such street, or if within one mouth after notice in 
 writing has been put up or given, as last aforesaid, any person in- 
 terested in such street, or the person representing or entitled to repre- 
 sent any person interested as aforesaid, by notice in writing to the 
 
 vestry or 
 
 object thereto. 
 
 107. Nothing in this Act shall extend or be construed to extend to 
 authorize the taking down or removing any bar, gate, rail, or other 
 fence fixed for preventing any throrogughfare into or from any square, 
 street, or way, without the consent of the proprietor of the estate or 
 property upon which such bar, gate, rail, or other fence, square, street, 
 or way shall be situate. 
 
 108. It shall be lawful for every vestry and district board, from 
 time to time, to place any posts, fences, and rails on the sides of any 
 footways or carriageways in their parish or district, for the purposes 
 of safety, and to prevent any carriage or cattle from going on the 
 same, and also to place any posts or other erections in any carriage- 
 ways so as to make the crossings thereof less dangerous for foot-pas- 
 sengers, and also from time to time to repair and renew any such 
 posts, rails, or fences, or to remove the same, or any other obstruction 
 or encroachment on any carriageway or footway. 
 
 (a) Where a vestry gave notice of their intention to repair a street not a 
 highway under this (the 106th) section, and afterwards resolved to pave it 
 under section 105, and the expenses were apportioned among the owners of 
 
 houses, it was decided that the vestry were not precluded from proceeding 
 er the second resolution, and executing the paving before the general 
 
 under 
 
 gen 
 
 repairs ; Vestry of St. George, Southwark \. Pethebridge, 31 J. P. 279 
 and that it was not necessary to revoke the first resolution ; Ibid. 
 
 Where a local board were authorized to recover expenses either summarily 
 or in the county court, the six months limitation was held to apply to either 
 proceeding; West Ham Local Board v. Maddams, 40 J. P. 470 j see also 
 Tottenham Local Board v. Rowell, L. R. 1 Ex. D. 514. 
 
 (b) This proviso is repealed by the 80th section of 25 & 26 Viet. c. 102, 
 post, which introduces new provisions as to the repair of streets not being 
 highways. 
 
 (c) By section 58 of 57 Geo. 3, c. 29, the commissioners or*trustees are 
 empowered to erect posts of wood, stone, or iron, for the preservation of the 
 
 vements and prevention of accidents. Somewhat similar words in the 
 ublic Health Act, 1848, to those contained in this section were decided to 
 
 pa 
 P
 
 18 & 19 VICT. c. 120, s. 109. 63 
 
 109. No company or person shall break up or open the pavement, Section 109. 
 
 surface or soil of any street, the paving whereof is under the control _ 
 
 and management of the vestry or district board of any parish or dis- Notice to be 
 
 trict, for the purpose of making and laying down any main of pipes, S lven bv 
 
 or for any other purpose whatsoever, except in cases of emergency com P^ me ^ 
 
 arising from defects in pipes or other works without having previously a nJ B j j 1 ^ ^ 
 
 given three clear days' notice in writing to such vestry or district boards w j ieu 
 
 board, stating in such notice the name of the street and the particular p avemen t & c 
 
 part thereof in which such pavement, surface, or soil is intended to j s re q u i re d 
 
 be broken up or opened, the day on which the work is proposed to ^ b e taken 
 
 be commenced, and the time within which it will be completed ; up rrf). 
 
 be permissive only, and that the board had a discretion with respect to 
 placing posts and rails for the safety of foot passengers ; Wilson v. Mayor 
 of Halifax, 32 J. P. 230 ; 37 L. J. Ex. 44. See as to the liability of a 
 parish surveyor under the General Highway Act, 5 & 6 Will. 4, c. 50, s. 
 24. with respect to securing horse and foot causeways ; Ellis v. Wood- 
 bridge, 29 L. J. M. C. 183 ; and as to unfenced sewers and ditches, 
 Cornwell v. The Metropolitan Commissioners of Sewers, 19 J. P. 313, 
 where it was held that the metropolitan commissioners of sewers were not 
 liable for an accident in consequence of a sewer adjoining a highway within 
 their district being unfenced. See also S. v. Whitney, 3 Ad. & Ell. 699. 
 
 (d) By section 73 of 25 & 26 Viet. c. 102, post, the powers of the General 
 Paving Act, 57 Geo. 3, c. 29, for improving and regulating streets, and 
 for the suppression of nuisances, are conferred upon vestries and district 
 boards. That Act contains a series of provisions relative to the breaking 
 up of pavements for the works of water and gas companies, and commis- 
 sioners of sewers. Many of these, which extend from the 19th to the 23rd 
 section, inclusive, are superseded by the present Act, but others are still in 
 force. See clauses, post, Appendix. Any company or persons who take up 
 the pavement and dig trenches in the roadway, without parliamentary power 
 for that purpose, and the householder who authorizes such acts, are liable 
 to be indicted for a nuisance; R. v. The Longton Gas Company, 20 
 L. J. M. C. 118. See a complaint by the Westminster district board 
 against the Gaslight and Coke Company for breaking up the pavement of 
 a street, and as to what amounted to an adjudication by the magistrate ; 
 R. v. Paynter, 26 L. J. M. C. 102; and see further Cox v. Shef- 
 field Gas Co., 31 D. M. & G. 304; Pudsey Gas Co. \. Corporation of Brad- 
 ford, L. R. 15 Ex. 167 ; Dover Gas Co. v. Mayor of Dover, 1 Jur. (N.S.) 
 812. 
 
 See Metropolis Gas Act, 1860, section 54, referred to in note to 110, 
 infra. 
 
 The Metropolitan Subways Act, 1868, empowers the metropolitan board to 
 require companies to lay pipes in the subways referred to, and contains 
 provisions as to the use and supervision of subways, &c. The Tramways 
 Act, 1870, requires the consent of vestries and district boards as " road 
 authorities " for the breaking up of roads by the promoters, and contains 
 provisions with respect to repair, interferences with pipes, tubes, wires, &c., 
 and as to other matters. See the Acts, post, Appendix. A license by a 
 highway board to a gas company, is a good consideration for a permission 
 to the board to make good a road and pay money ; Edgware. Highway Board 
 v. Harrow Dist. Gas Co., 9 Cox Mag. Ca. 254. The Court of Chancery 
 has no jurisdiction to restrain a company from breaking up a street to lay 
 gas pipes in the ordinary manner ; Att.- Gen. v. Cambridge Gas Co. 38 L. J. 
 Ch. 94. Where commissioners were empowered by a local Act passed in 
 1788, to lighf streets, they were held entitled to break up streets for the 
 purpose of any improved mode of lighting, e.g., by gas ; ibid. 
 
 As to notice to lay pipes, &c., where no plans had been approved ; Edge- 
 ware Highway Board v. Colne Valley Water Co., L. R. W. N., 1877, p. 154.
 
 64 
 
 METKOPOLIS LOCAL MANAGEMENT. 
 
 Section 109. and in any such case of emergency as aforesaid such company or per- 
 son shall, within twelve hours after they or he begin to break up or 
 open such pavement, surface, or soil as aforesaid, give such notice as 
 aforesaid to the said vestry or district board ; and no such pavement, 
 soil, or surface shall be broken up or opened for the purpose of laying 
 down any new main of pipes for the conveyance of water during any 
 part of the months of December, January, and February, without the 
 consent of the said vestry or district board ; and no gaslight company 
 shall at any time break up or open any such pavement, surface, or 
 soil for the purpose of laying down any new mains of pipes, without 
 the consent in writing of the said ves 
 company or person offending against 
 such offence forfeit a sum not exce 
 
 twenty-four hours after notice in writing from the vestry or district 
 board, cause such mains of pipes to be taken up and removed, and the 
 pavement, surface, or soil to be reinstated and put into its former state: 
 Provided always, that any gaslight company may break up or open 
 any such pavement, surface, or soil, for the purpose of laying down 
 and attaching to mains and pipes already existing any new service 
 pipes, on giving to the said vestry or district board, three days at least 
 before so doing, notice of their intention to break up or open such 
 pavement, surface, or soil for such purpose. 
 
 the consent in writing of the said vestry or district board ; and every 
 pany or person offending against this enactment shall for every 
 such offence forfeit a sum not exceeding .5 (a), and shall, within 
 
 Streets not 
 to be broken 
 up, except 
 under the 
 superin- 
 tendence of 
 vestry or 
 board. 
 Streets 
 broken up to 
 be reinstated 
 without delay. 
 
 110. Whenever it is necessary, from any cause whatever, for any 
 company or person t o break up or open the pavement, surface, or 
 soil of any street, such street, and the pavement, surface, and soil 
 thereof, shall be broken up and opened under the superintendence of 
 the vestry or district board of the parish or district in which the 
 same is situate, and in such manner, and as regards gas companies at 
 such time, as they shall direct (b) ; and such company or person shall 
 with all convenient speed complete the work on account of which the 
 same is broken up or opened, and fill in the ground and make good (c) 
 the pavement or surface or soil so broken up or opened, and carry 
 away the rubbish occasioned thereby, and shall in the meantime cause 
 the place where such pavement or surface or soil is so broken up or 
 
 When a Tramway Company, opened a road for repair of a sinking, 
 under section 28 of the Tramways Act, 1870, and the work was superin- 
 tended by the surveyor of the vestry, the latter was held not entitled to the ex- 
 penses of superintendence ; Vestry of St. Luke's v. N. Metropolitan Tram- 
 way Co.,L. R. 1 Q. B. D. 760. 
 
 A railway company was held entitled under the powers of a special Act passed 
 before the Metropolis Management Act, 1855, to build a station in a street, 
 subject to the jurisdiction of a district board, without the consent of that 
 board ; London and Blackwall Railway Co. v. Limehouse District Board, 
 26 L. J. Ch. 164. 
 
 (a) As to recovery of this and the other penalties incurred under the 
 provisions relative to breaking up pavements, see section 227. 
 
 (J) The Metropolitan Gas Act, 1860, 23 & 24 Viet. c. 125, s. 54, gives 
 a power to the secretary of state to authorize gas mains or pipes to 
 be laid down by companies in accordance with the provisions of that Act, 
 where the local authority refuse or delay thsir consent. 
 
 (c) See the 82nd section of 25 & 26 Viet. c. 102, post, as to the reinstate- 
 ment of pavements broken up by companies for their works. A contractor 
 who had opened a highway (not a turnpike road) for a sewer, and done 
 the work of filling in properly, was held not liable for damage from sub- 
 sequent subsidence ; Hyam v. Webster, 36 L. J. Q. B. 166 ; L. R. 4 Q. B. 
 (Ex. Ch.) 138; and see Gray v. Pullen, 34 L. J. Q. B. 265.
 
 18 & 19 VIOT. c. 120, ss. 110, 113. 65 
 
 opened to be fenced and guarded, and shall set up and maintain upon Section 110 
 or against the part of the pavement, surface, or soil so broken up or 
 opened a sufficient light during every night that such pavement or 
 surface or soil is continued open or broken up. 
 
 111. If any company or person authorized to break up or open any Penalty on 
 of the pavement or surface of any street, for the purpose of laying, persons 
 altering, or repairing any gas, water, or other pipe, or other lawful taking up 
 'Cause, do not with due diligence cause the ground to be filled in, and pavements 
 the pavement to be reinstated, and the surface to be made good, in a neglecting to 
 proper and substantial manner, or do not in the meantime fence and reinstate 
 guard the same, and affix and maintain lights during the night near them, and to 
 to the places where any ground is open, so as to prevent any acci- P. llgl ?w 
 dent, every such company or other person so offending shall for every ""ul^f- 6 
 such offence forfeit a sum not exceeding .5, and also a further sum "o^revent 6 
 not exceeding 40s., for every day during which such offence continues; acc id en t s . 
 and no such pavement shall be considered to have been reinstated in 
 
 a proper and substantial manner by any such company or other per- 
 son unless the same have been reinstated with the same or similar 
 materials of the like quality and thickness, and cemented and bound 
 together in the same or in an equally substantial manner, as those of 
 which it was composed, in such manner as is satisfactory to the 
 vestry or board. 
 
 112. In case any part of the pavement of any street, be sunk, District 
 broken, injured, or damaged, by reason of the breaking, bursting, or board to 
 \vant of repair of any pipe belonging to any water, gas, or other com- ^{ Tec ^ pave- 
 pany, it shall be lawful for the vestry or district board of the parish men ts injured 
 or district in which such pavement is situate, if they deem it expe- by water or 
 dient so to do, to cause notice to be given to the company to whom gas pipes to 
 such pipe is supposed to belong, forthwith well and sufficiently to be repaired 
 repair and make good such pavement ; and if the company to whom by company. 
 such notice is given do not, within forty-eight hours next after such p ena ity f or 
 notice, take up such pavement, and well and sufficiently repair and neglect. 
 amend such pipe, and cause the ground to be well and sufficiently 
 
 filled in and rammed down, and the said pavement to be relaid and 
 repaired, to the satisfaction of the vestry, or district board, then such 
 company so offending shall for every such offence forfeit and pay any 
 sum not exceeding 20. 
 
 113. Provided always, that in case it be discovered, after any pave- Company 
 ment in any street has been taken up by any company, and the opening the 
 ground opened, that the pipe beneath the surface of such pavement ground to 
 required to be repaired and amended does not belong to the company repair a pipe 
 to whom such notice has been given as aforesaid, but to some other discovered 
 
 , 
 
 given to the company to whom such pipe belongs, and require them ^ v nc 
 to obey, conform to, and comply with the original notice, instead of 8U ^ , co ^ P* 11 ^' 
 the company to whom such original notice was given as aforesaid ; an . , **, 
 and such other company to whom such last-mentioned notice is given 5 
 
 as aforesaid shall reimburse and pay, on demand, to the first-mentioned 
 company, the reasonable costs and charges incurred in and about the 
 taking up of the pavement and opening the ground ; and the said 
 last-mentioned company shall obey, conform to, and comply with the 
 said original notice, and execute and perform the work mentioned 
 therein, in such and the same manner, and within such and the same 
 time, in all respects, as if the said original notice had been given to 
 v
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 113. such last-mentioned company, and they shall be liable to and shall 
 incur the same penalties and forfeitures, on neglect so to do, as they 
 would have incurred and been liable to if the said original notice had 
 been given to them in manner before directed with respect to such 
 first-mentioned company, and if the company by whom such pave- 
 ment has been first taken up, and who have opened the ground, 
 neglect to give the notice hereby required to the company to whom 
 such pipe actually belongs, such company so neglecting shall for 
 every such offence forfeit and pay any sum not exceeding ,20. 
 
 Power to 114. Provided also, that whenever the permanent surface or soil 
 
 vestry or dis- of any street is broken up or opened, it shall be lawful for the vestry 
 
 trict board or district board of the parish or district in which the same is situate, 
 
 to reinstate in case they think it expedient so to do, to fill in the ground and to 
 
 pavement, make good the pavement or surface or soil so broken up or opened, 
 
 and charge and to carry away the rubbish occasioned thereby, instead of per- 
 
 the expenses mitting such work to be done by the company or person by whom 
 
 to the parties. guc h surface or soil is broken up or opened ; and the expenses of 
 
 filling in such ground and of making good the pavement or soil so 
 
 broken up or opened shall be repaid, on demand, to the vestry or 
 
 board by such company or person. 
 
 Power for 115. It shall be lawful for the vestry or district board of any parish 
 
 vestry or or district to contract and agree, for any term of years or otherwise, 
 
 district board w ith the several companies or persons authorized to take up any of the 
 
 to contract pavements or other formed surface of any of the streets within such 
 
 company p^g^ or district, for the filling in, paving, and restoring of such parts 
 
 ring of the said streets as may be from time to time required to be taken 
 
 up for the purpose of laying, altering, or repairing any pipes or other 
 
 like purpose. 
 
 116. Every vestry and district board shall have full power and 
 authority to cause all or any of the streets in their parish or district 
 to be watered as often as they think fit, and also to cause any wells 
 to be dug and sunk in such public places as they think proper, and 
 also to erect and fix any pumps in any piiblic places, for the gratuitous 
 supply of water (a) to the inhabitants of the parish or district. 
 
 117. Every vestry and district board shall cause any footway 
 within their parish or district to be scraped, swept, or cleansed in such 
 manner and at such times as they think fit ; but this enactment shall 
 not relieve any occupier of any house or building or any company 
 whatsoever from any liability (6) to scrape, sweep, or cleanse, or cause 
 to be scraped, swept, or cleansed, any part of any such footway, or 
 from any penalty for neglect so to do. 
 
 (a) See proviso to section 150, prohibiting boards and vestries from 
 using or permitting the use of any of the works therein described foi- 
 carrying water by supply-pipes to any house or factory for domestic, manu- 
 facturing, or commercial purposes. By the 25 & 26 Yict. c. 102, s. 67, 
 they are empowered, subject to the conditions expressed, to compel a supply 
 of water for houses ; and section 70 enables them to provide and maintain 
 drinking fountains. See Mttropolitan Board of Works v. New Elver Com- 
 pany, 41 J. P. 790, and Hildreth v. Adamson, 8. C. B. (N.S.) 587. As to 
 expenses of repairing a well under 35 & 36 Viet. c. 79, refer to Witncy v. 
 Wycombe, 40 J. P. 149. 
 
 (b) See the provisions in 57 Geo. 3, c. 29, s. 63, relative to the sweeping 
 and cleansing of footways, and the penalties for neglecting to sweep and 
 cleanse footways in the Metropolitan Police Act, 2 & 3 Yict. c. 47, s. 6. 
 
 As to the 
 watering of 
 streets. 
 
 Yostry or 
 district board 
 to cause foot- 
 ways to be 
 cleansed.
 
 18 & 19 VICT. c. 120, ss. 118, 119. 67 
 
 118. It shall be lawful for every vestry and district board to Section 118. 
 appoint and pay, or for two or more vestries or district boards to y 
 unite, when necessary, in appointing and paying, suitable persons to jr 6 ? M* d 
 cleanse and sweep, and to keep properly cleansed and swept daily, ^ 8 ric . a * 
 crossings for passengers over the streets and public thoroughfares a ndp^ cross- 
 within their respective jurisdictions, and in such situations as the in sleepers. " 
 said vestries or district boards may from time to time fix and deter- 
 mine, which persons so appointed shall be distinguished by their 
 
 dress or some distinctive mark as public servants. 
 
 119. If any porch, shed, projecting window, step, cellar door, or Owners, &c., 
 window, or steps leading into any cellar or otherwise, lamp, lamp-post, to remove 
 lamp-iron, sign, sign-post, sign-iron, show-board, window-shutter, future pro- 
 wall, gate, fence, or opening, or any other projection or obstruction jections, ou 
 placed or made against or in front of any house or building after the notice from 
 commencement of this Act shall be an annoyance (d) in consequence vestry or 
 
 of the same projecting into or being made in or endangering or render- district 
 
 ing less commodious the passage along any street (e) in their parish board (c). 
 
 or district, it shall be lawful for the vestry or district board to give 
 
 notice in writing to the owner or occupier of such house or building 
 
 to remove such projection or obstruction, or to alter the same, in such 
 
 manner as the vestry or board think fit ; and such owner or occupier 
 
 shall within fourteen days after the service of such notice upon him 
 
 remove such projection or obstruction, or alter the same in the manner 
 
 directed by the vestry or board ; and if the owner or occupier of any Penalty for 
 
 such house or building neglect or refuse, within fourteen days after neglect. 
 
 (c) See the 57 Geo. 3, c. 29, s. 72, containing very comprehensive and 
 summary powers for the regulation and removal of encroachments, and 
 projections. Some of these are probably still in force, but in order to 
 apply them with safety they ought to be very carefully compared with this 
 and the following section, and also with the 26th section of the Metropolitan 
 Buildings Act, the 18 & 19 Viet. c. 122, recognizing the legality of certain 
 projections and regulating them. In some instances, too, the 75th section 
 of the 25 & 26 Viet. c. 102, which see, post, as to buildings beyond the 
 general line, may have a bearing on the subject. 
 
 (d) Under this enactment it seems to be a question for the magistrate to 
 decide whether or not the projection is, or is not, an annoyance ,- Gabriel 
 v. Vestry of St. James, Westminster, 23 J. P. 372. In Read v. Perrett, 
 L. R. 1, Ex. D. C. A. 349, in a proceeding for setting up a projection con- 
 trary to the Metropolitan Police Act, 2 & 3 Viet. c. 47, a. 60, the rejection 
 by the magistrate of the evidence of persons to show that they were not 
 incommoded, was held right. Where a lamp against a house fell in conse- 
 quence of its defective condition and caused injury, the occupier was held 
 liable in damages though he was ignorant of the defect ; Tarry v. Ashton, 
 L. R. 1 Q. B. D. 314. 
 
 (e) The occupiers of houses in a road in the metropolis had used a space 
 of ground between a paved foot-way and the carriage way for the purposes 
 of their trades, paying a small yearly rent to the lord of the manor, subject 
 to which use the public have always passed over this space, as these obstruc- 
 tions would permit, as of right. On the space opposite his house a publican 
 erected a moveable shed, which caused no obstruction to the paved footway. 
 Held, that this space was not a " street," and that the shed was not an 
 obstruction which might be removed by the district board, within the 
 meaning of this and the 120th section. Semite, that this space -had been 
 partially dedicated to the public, and could not be considered private 
 property without any public easement ; Le Neve v. the Vestry of Mile 
 End Old Town, 27 L. J. Q. B. 208. 
 
 F 2
 
 68 
 Section 119. 
 
 Vestry or 
 district board 
 majr remove 
 existing pro- 
 jections, and 
 make compen- 
 sation for the 
 
 Hoards to be 
 erected during 
 repairs. 
 
 Penalty on 
 not erecting 
 hoards. 
 
 No hoard to 
 be erected 
 without 
 license from 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 such notice, to remove such projection or obstruction, or to alter the 
 same, in the manner directed by the vestry or board, he shall forfeit 
 any sum not exceeding 5, and a further sum not exceeding 40s. for 
 every day during which such projection or obstruction continues after 
 the expiration of such fourteen days from the time when he may be 
 convicted of any offence contrary to the provisions hereof. 
 
 120. It shall be lawful for every vestry and district board, if any 
 projection or obstruction which has been placed or made against or 
 in front of any house or building in any such street (a) before the 
 commencement of this Act shall be an annoyance as aforesaid, to 
 cause the same to be removed or altered as they think fit: Provided 
 always, that the vestry or board shall give notice in writing of such 
 intended removal or alteration to the owner or occupier against or in 
 front of whose house or building such projection or obstruction shall 
 be, seven days before such removal or alteration shall be commenced, 
 and shall make reasonable compensation to every person who shall 
 incur any loss or damage by such removal, excepting in cases where 
 the obstruction or projection may now be removable under any Act 
 (6), in which case no compensation shall be made. 
 
 121. Every person who shall build or begin to build, or to take 
 down or begin to take down, any house, building, or wall, or alter or 
 repair, or begin to alter or repair, the outward part of any house, 
 building, or wall, shall, in all cases in which the footway is thereby 
 obstructed or rendered inconvenient, cause to be put up a proper and 
 sufficient hoard or fence, with a convenient platform and handrail, 
 if there be room enough for the same, to serve as a footway for pas- 
 sengers outside of such hoard or fence, and shall continue such hoard 
 or fence, in such cases as aforesaid, with such platform and handrail, 
 standing and in good condition, to the satisfaction of the vestry or 
 district board of the parish or district in which such house, building, 
 or wall is situate, during such time as may be necessary for the 
 public safety or convenience, and shall, in all cases in which the 
 same is necessary to prevent accidents, cause such hoard or fence to 
 be well lighted during the night ; and every such person who fails 
 to put up such hoard or fence and such platform, with such handrail 
 as aforesaid, or who does not, whilst the said hoard or fence is stand- 
 ing, keep the same well lighted during the night, shall for every such 
 offence forfeit a sum not exceeding 5, and a further sum not exceed- 
 ing 40s. for every day during the continuance of such default. 
 
 122. It shall not be lawful for any person to erect or set up in any 
 street any hoard or fence or scaffold for any purpose whatever, or any 
 posts, bars, rails, boards, or other things by way of inclosure, for the 
 purpose of making mortar, or of depositing bricks, lime, rubbish, or 
 other materials, without a licence in writing first had and obtained 
 from the clerk or surveyor of the vestry or district board of the 
 
 (a) See note to last section. 
 
 (b) At the time of the passing of this Act, 57 Geo. 3, c. 29, did not 
 apply to the whole of the places included within the present metropolitan 
 limits. Certain of its provisions, namely, those relating to the regulation 
 of streets and suppression of nuisances, have since been extended to the 
 whole of them by 25 & 26 Viet. c. 102. Some of the local Acts in force in 
 parishes also contain provisions on this subject.
 
 18 & 19 VICT. c. 120, ss. 122124. 69 
 
 parish or district in which such street is situate ; and every such Section 122 
 licence shall state the place where and the purpose for which such 
 hoard or fence, scaffold or inclosure, is to be set up or made, and the vestry or dis- 
 size thereof, and the time for which it is to be permitted to continue, trict board (c). 
 
 123. If any person erect or set up in any street any hoard or fence if hoard be 
 or scaffold for any purpose whatever, or any posts, bars, rails, boards, erected or 
 or other things by way of inclosure, for the purpose of making mor- materials be 
 tar, or of depositing bricks, lime, rubbish, or other materials, without deposited in 
 a licence from the vestry or district board, or do any such act as any manner 
 aforesaid in any other manner than as permitted by such licence, or otherwise 
 continue the same beyond the time stated in such licence, or fail to than to the 
 keep any hoard, fence, platform, or handrail in good repair, he shall satisfaction of 
 for every such offence forfeit (e) a sum not exceeding 5, and a fur- * ne yestry 
 ther sum not exceeding 40s. for every day during the continuance of r ~! tri fc 
 such offence ; and it shall be lawful for the vestry or board to board > e , 
 cause such hoard, fence, scaffold, or inclosure to be pulled down, and ^ B ?^ JJ* 
 the materials thereof, and also all the bricks, mortar, lime, or other re 
 building materials, or other matters or things contained within any 
 
 such enclosure, to be removed and deposited in such place as the 
 vestry or board may think fit, and to be kept until the charges of 
 pulling down and removing the same be paid to the vestry or board ; 
 and in case the same be not claimed and the said charges paid within 
 the space of eight days next after such seizure thereof, it shall be 
 lawful for the vestry or board to order the same to be sold, and by 
 and out of the proceeds of such sale to pay such charges, rendering 
 any surplus to the owner or other person by law entitled thereto ; 
 and in case the proceeds of such sale be insufficient to cover such 
 charges and the charges of selling and disposing of such materials, 
 matters, and things, the deficiency shall be repaid by the owner of 
 such materials, matters, and things to the vestry or district board, on 
 demand. 
 
 124. Every person laying out or opening any new street, or build- Providing 
 ing therein, shall, during the operations necessary for forming such against acci- 
 new street, or for building therein, take all such precautions for dents in lay- 
 guarding against injury to the passengers along such street as may be ing ont new 
 directed by the vestry or district board of the parish or district streets, &c. 
 within which such operations are being carried on ; and if any per- 
 son fail to comply with the directions of such vestry or district board, 
 
 within such time as may be limited by them, such vestry or district 
 board may do whatever may be necessary for carrying the same into 
 
 (c) The court of Queen's Bench seemed to be of opinion that the grant- 
 ing or refusing this licence was entirely within tbe discretion of the vestry ; 
 S. v. Vestry of St. Leonard? s, Shoreditch, 20 J. P. 404. But at all events 
 they will not interfere when the applicant has taken the matter into his 
 own hands and erected the hoard without leave ; Ibid. Compare 57 Geo. 3, 
 c. 29, s. 75, post, Appendix, as to the erection of hoards, &c. The Com- 
 missioners of Sewers of City of London, acting under City of London 
 Sewers Act, 1848, were held to have no right to require four licences for 
 a hoarding running into four streets, nor to limit the duration of the 
 licence; It. v. Commissioners of Sewers of City of London, 22 E. T. 
 (N.S.) 582. Nor to annex a condition that no placards should be placed 
 on the hoard; S. C. 6 Cox Mag. Ca. 411. 
 
 (d) Under the 75th section of 57 Geo. 3, c. 29, it was held that a sur- 
 veyor appointed under the Act had no right to remove a ladder placed 
 against a house ; Davey v. Warns, 14 M. & W. 199. 
 
 (e) See section 227, as to recovery of penalties
 
 70 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 124. en?ect > an( l the expenses thereby incurred shall be repaid to such 
 vestry or district board by the person laying out or opening such new 
 street or building therein, as aforesaid, and shall be recoverable by 
 them from such person in manner provided by this Act. 
 
 Vestries aud 
 
 to appoi 
 scavengers. 
 
 125. It shall be lawful for every vestry and district board and they 
 district boards are nere l)y required to appoint and employ a sufficient number of 
 bo appoint persons, or to contract (a) with any company or persons, for the 
 
 sweeping and cleansing of the several streets within their parish or 
 district, and for collecting and removing all dirt, ashes, rubbish, ice, 
 snow, and filth, and for the cleansing out and emptying of privies, 
 and cesspools, sewers, and drains, in or under houses and places 
 within their parish or district (6) ; and such company or persons are 
 hereinafter referred to as scavengers ; and such scavengers or their 
 servants shall, on such days and at such hours and in such manner 
 as the vestry or district board shall from time to time appoint, suffi- 
 ciently execute and perform all such works and duties as they re- 
 spectively are employed or contract to execute or perform ; and if any 
 such company or person fail in any respect properly to execute and 
 perform such works and duties, such company or person shall for 
 every such offence forfeit a sum not exceeding .5. 
 
 126. Any occupier of any house or land or other person who 
 refuses or does not permit any soil, dirt, ashes, or filth to be taken 
 away by the scavengers appointed by or contracting with any vestry 
 or board as aforesaid, or who obstructs the said scavengers in the per- 
 formance of their duty, shall for every such offence forfeit and pay 
 a sum not exceeding 5 (c). 
 
 127. All dirt, dust, nightsoil, ashes, and rubbish collected as afore- 
 said shall be the property of such vestry or board, and such vestry or 
 board shall have full power to sell and dispose of the same for the 
 purposes of this Act as they shall think proper, and the person pur- 
 chasing the same shall have full power to take, carry away, and dis- 
 pose of the same for his own use, and the money arising from the 
 
 (a) By section 95 of 25 & 26 Viet. c. 102, post, vestries, &c., are em- 
 powered to contract for the removal of manure from stables and cowhouses; 
 and by the same Act, section 89, any persons other than the parties con- 
 tracting with the vestry, &c., who shall remove dirt, dust, &c., are made 
 liable to penalties. The vestry of a metropolitan parish were held bound 
 to perform the same duties as regards the removal of dust in the case of a 
 workhouse as of other houses, and in default the expense of such removal 
 might be recovered from them ; Guardians of Holborn Union v. Vestry of 
 Shoreditch, 41 J. P. 38. As to the removal of dust under 21 & 22 Viet, 
 c. 98 (Local Government Act), see Hobbs v. Fox, 31 J. P. 387. 
 
 (b) By the Metropolitan Police Act, 2 & 3 Viet. c. 47, s. 60, persons are 
 subjected to penalties for emptying privies between the hours of six in the 
 morning and twelve at night, or committing any of the other nuisances 
 there enumerated. Commissioners of sewers and persons in their service, 
 &c., were exempted from the operation of the enactment. 
 
 (c) See section 27 as to recovery of penalty. The 42nd section of the 
 Public Health Act, 1875, exempts occupiers of houses from a penalty in 
 respect of matters produced on their own premises intended to be re- 
 moved for sale or their own use, and meantime kept so as not to be a 
 nuisance. Ashes from a brassfounder's furnace containing particles of 
 metal were held not " dust, cinders, or ashes " within 57 Geo. 3, c. 29, s. 60 
 (Metropolitan Paving Act); Law v. Dodd, 17 L. J. M. C. 65; and see 
 Filby v. Combe, 2 M. & W. 677; Lyndon v. Standbridye, 2 H. & N. 45. 
 
 Penalty for 
 obstructing 
 scavengers iu 
 performance 
 of their duty. 
 
 Refuse col- 
 lected to be 
 vested in 
 vestry or 
 district board, 
 who may dis- 
 pose of the 
 same towards 
 defraying 
 their ex- 
 penses.
 
 18 & 19 VICT. c. 120, ss. 127130. 71 
 
 sale thereof shall be applied towards defraying the expenses of the Section 127 
 execution of this Act, other than the sewerage expenses. 
 
 128. In case any scavenger be required by the owner or occupier of Owners or 
 any house or land to remove the refuse of any trade, manufacture, or occupiers to 
 business (d), or of any building materials, such owner or occupier pay scavengers 
 .shall pay to the scavenger a reasonable sum for such removal, such for removal 
 sum, in case of dispute, to be settled by two justices (e). of refuse of 
 
 trades. 
 
 129. If any dispute or difference of opinion arise between the Dispute as to 
 owner or occupier of any such house or land and the scavengers re- what is refuse 
 quired to move such refuse as to what shall be considered as refuse, of trade > &c -> 
 it shall be lawful for any two justices, upon application made to them to be deter- 
 by either of the parties in difference, to determine whether the sub- mined b . v 
 ject matter of dispute is or is not refuse of trade, manufacture, or J 118 ices ' 
 business, or of any building materials, and in every such case the 
 
 decision of such justices shall be final and conclusive. 
 
 130. Every vestry and district board shall cause the several streets Vestries and 
 within their parish or district to be well and sufficiently lighted, and district boards 
 for that purpose shall maintain, or set up and maintain, a sufficient to cause 
 number of lamps in every such street, and shall cause the same to be streets to be 
 lighted with gas or otherwise, and to continue lighted at and during lighted (/). 
 .such times as such vestry or board may think fit, necessary, or proper; 
 
 and all public lamps, and the lamp posts and lamp irons and fittings 
 thereof, to be provided by any vestry or district board, shall vest in 
 such vestry or board. 
 
 (d) Ashes from coals burnt in the furnace of a steam engine for sawing, 
 <ic., materials in the business of a pianoforte maker are " refuse of trade, 
 manufacture, or businesss " within this provision ; Gay v. Cadby, L. K. 
 2 C. P. D. 391. 
 
 A vestry is bound to remove whatever it would be mischievous and in- 
 jurious to health to retain on the premises, but not to remove such refuse 
 as old boots and shoes, old coal-scuttles, tin canisters, &c.; Collins v. 
 Vestry of Paddington. Times, April 2, 1879. 
 
 (e) See note to section 225, post. 
 
 (/) The word " street" is, by the 250th section denned to mean "any 
 highway (except the carriage-way of any turnpike road), and any road, 
 bridge (not being a county bridge), lane, footway, square, court, alley, or 
 passage, &c.," by the Metropolis Management Amendment Act, 1862, 
 s. 112, extended to include " any mews and a part thereof." The language 
 of this section is imperative, and the court will compel the performance of 
 the duty of lighting, where the locality in question is clearly made oat to 
 be a street ; J{. v. Vestry of St. Mary, Islington, 22 J. P. 383 ; Ell. Bl. & E. 
 743 ; but the vestry have some discretion to decide what is " a street," and 
 where the owner of a road not finished or completely formed though partly 
 built upon, and not yet taken to by the vestry, applied for a mandamus to 
 the vestry to light the so-called street, the court refused to interfere, though 
 the houses already built were rated in respect of lighting, but only at half 
 the usual amount ; ibid. See rule for a mandamus to the vestry to light 
 that part of Vauxhall Bridge which was within their parish ; E. v. Vestry of 
 Lambeth, 25 J. P. 374. The 23 & 24 Viet. c. 125, the Metropolis Gas Act, 
 post, Appendix, by the 22nd section requires gas companies, subject to the 
 restrictions expressed, to light all public lamps in the public streets on the 
 requisition of the local authority, which, by the interpretation clause, in- 
 cludes vestries and district boards. The 165th section of this Act preserves 
 the existing exemptions of land from lighting rates, where 3 & 4 Will. 4, 
 c. 90 (lighting and watching) were in force at the time of the passing of
 
 72 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 131. 1?1 ( a )- Before any licence for the use of any place within any 
 
 parish mentioned in either of the schedules (A.) and (B.) to this Act 
 
 No slaughter- as a slaughter-house is granted by any quarter sessions of the peace 
 
 house to be under the provisions of the A ct of the session holden in the four- 
 
 liceused under teenth and fifteenth years of Her Majesty, chapter sixty-one (the 
 
 14 & 15 Viet. Metropolitan Market Act, 1851) (6), one month's previous notice of 
 
 c. 61, without j.] ie intention to apply for such licence shall be given to the vestry or 
 
 notice to ves- District board of the 'parish or district in which such place is situate,, 
 
 to the intent that such vestry or district board, if they think fit, may 
 
 show cause against the grant of such license. 
 
 Vestries and 132. Every vestry and district board shall from time to time- 
 district boards appoint one or more legally qualified (c) medical practitioner or 
 to appoint practitioners of skill and experience to inspect and report periodically 
 medical om- U p On the sanitary condition of their parish or district, to ascertain 
 cers of health. ^ ex j s t e nce of diseases, more especially epidemics, increasing the 
 rate of mortality, and to point out the existence of any nuisance or 
 other local causes which are likely to originate and maintain such 
 diseases, and injuriously affect the health of the inhabitants, and to- 
 take cognizance of the fact of the existence of any contagious or 
 epidemic diseases, and to point out the most efficacious mode of 
 checking or preventing the spread of such diseases, and also to point 
 out the most efficient modes for the ventilation of churches, chapels,, 
 schools, lodging-houses, and other public edifices within the parish 
 or district, and to perform any other duties of a like nature which 
 may be required of him or them ; and such persons shall be called 
 " medical officers of health ; " and it shall be lawful for the vestry or 
 board to pay to every such officer such salary as they think fit, and 
 also to remove any such officer at the pleasure of such vestry or 
 board 
 
 Appointment 133. Every vestry and district board shall nominate and appoint 
 
 of Inspectors sucn number of persons to be inspectors of nuisances in their parish 
 
 ?* nuisances or district as the vestry or board* may think fit ; and the inspectors 
 
 of nuisances shall superintend and enforce the due execution of all 
 
 duties to be performed by the scavengers employed or contracted 
 
 the Act. It was held by the Exch. Ch. affirming the judgment of the 
 Q. B. that a company supplying gas in the metropolis are subject to all 
 the restrictions imposed upon them for the benefit of the public by the 
 Metropolis Gas Act, 1860, and the City of London Gas Act, 1868 ; Oa^ 
 Light and Coke Company v. Vestry of St. George's, Hanover Square, 8 Cox 
 Mag. Ca. 120. 
 
 (a) This section is repealed by the 92nd section of 25 & 26 Viet. c. 102, 
 post ; and the 93rd and 94th sections of that Act direct that cow-houses- 
 shall also be licensed, and contain the provisions in relation to the licensing 
 both of slaughter-houses and cow-houses. See now the Slaughter-houses 
 (Metropolis) Act, 1874, and notes thereon to section 92 of Metropolis- 
 Management Amendment Act, 1862, post. 
 
 (6) The 14 & 15 Viet. c. 61, was repealed by 20 & 21 Viet. c. 135 (Loc. 
 & Per.), which, by section 35, also provided that before licenses were granted 
 for slaughter-houses notice should be given to the vestry or district board. 
 See note to section 131, supra. 
 
 (c) That is by registration under 21 & 22 Viet. c. 90. 
 
 (d ) See as to the appointment of sanitary inspectors under the Nuisances 
 Removal Amendment Act, 23 & 24 Viet. c. 77, s. 9. By 25 & 26 Viet. c. 
 102, s. 91, post, penalties are imposed for keeping swine in unfit places, or 
 in which the breeding, &c., may create a nuisance or be injurious to health, 
 and see note to that enactment.
 
 18 & 19 VICT. c. 120, ss. 133185. 73 
 
 with under this Act, and report to the vestry or district board the Section 133 
 existence of any nuisances ; and the vestry or board shall require 
 every such inspector to provide and keep a book in which shall be 
 entered all complaints made by any inhabitants of the parish or 
 district of any infringement of the provisions of this Act, or of any 
 bye-laws made thereunder, or of nuisances ; and every such inspector 
 shall forthwith enquire into the truth or otherwise of such com- 
 plaints, and report upon the same to the vestry or board at their 
 next meeting ; and such report, and the order of the vestry or board 
 thereon, shall be entered in a book, which shall be kept at their 
 office, and shall be open at all reasonable times to the inspection of 
 any inhabitant of the parish or district ; and it shall be the duty of 
 such inspector, subject to the direction of the vestry or board, to 
 make complaints before any justices, and take legal proceedings for 
 the punishment of any person for any offences under this Act or any 
 siich bye-laws. 
 
 134. Every A^estry and district board under this Act shall execute, Vestries and 
 within their respective parish or district, all the duties and powers district boards 
 exercisable under the Nuisances Removal and Diseases Prevention to ^ e * ne 
 Act, 1848, and the Nuisances. Removal and Diseases Prevention Act, k^ 1 au tho- 
 1849, by any commissioners or other body, or any officers having "ties to 
 under any Act powers of cleansing, and shall be the local authority ^ e . cute tne 
 
 to execute any Act passed or to be passed in the present session, r>T 1SailC ? 
 amending or repealing the said Acts or either of them. Acts(V) 
 
 Duties and Powers of Metropolitan Board of Works (/). 
 
 135. The sewers mentioned in schedule (D.) to this Act, being the Main sewers 
 main sewers now vested in the commissioners of sewers of the city vested in the 
 of London and in the metropolitan commissioners of sewers respec- metropolitan 
 tively (g), with the walls, defences, banks, outlets, sluices, flaps, board of 
 penstocks, gullies, grates, works, and things thereunto belonging, and works and 
 the materials thereof, with all rights of way and passage used and power to such 
 enjoyed by such commissioners respectively over and to such sewers, b oar< i P make 
 works, and things, and all other rights concerning or incident to such sewers - 
 sewers (h), works, and things, shall be vested in the metropolitan 
 
 board of works, and such board shall make (i) such sewers and works 
 
 (e) See the Nuisances Removal Act, 18 & 19 Viet. c. 121, and the 
 amending Acts, and the Sanitary Act, 1866, post, Appendix. 
 
 (/) See note to section 43, ante, as to powers and duties of the metro- 
 politan board under other Acts of parliament. 
 
 (g) See note to section 68, ante. 
 
 (h) Whore a railway company, in executing their works, deprived a sewer 
 belonging to the metropolitan board of its lateral support less than 20 years 
 after it was made, it was decided by the Ex. Ch. affirming the judgment of 
 the court below, that the board had acquired no right to such support for 
 their sewer, and could not maintain an action for the sum awarded by the 
 arbitrator under the Lands Clauses Consolidation Act for the damage ; Metro- 
 politan Board of Works v. Metropolitan Railway Company, L. R. 3 C. P. 612 ; 
 4 C. P. (Ex. Ch.) 192. Refer as to liability of 'the occupier and owner of a 
 house for damage to the adjoining house by removal of the adjacent land 
 without leaving sufficient support, Boioer v. Peate, 40 J. P. 789 ; and see 
 onomi v. Backhouse, 9 H. L. Ca. 503 ; as to prescriptive right to lateral 
 support of a house for 20 years, refer to Angus v. Dalton, L. R. 4 Q. B. 
 (C. A.) 162, overruling judgment of Q. B. U. 
 
 (*') The 21 & 22 Viet. c. 104, s. 1, post, describes the works which the
 
 74 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 135. as they may think necessary for preventing all or any part of the 
 sewage (a) within the metropolis from flowing or passing into the 
 river Thames in or near the metropolis, and shall cause such sewers 
 and works to be completed on or before the 31st day of December, 
 1860 (6), and shall also make all such other sewers and work, and 
 such diversions or alterations of any existing sewers or works vested 
 in them under this Act, as they may from time to time think neces- 
 sary for the effectual sewerage and drainage of the metropolis (c), and 
 
 board are required to make, as " the necessary sewers and works for the 
 improvement of the main drainage of the metropolis, and for preventing, 
 as far as may be practicable, the sewage of the metropolis from passing 
 into the Thames within the metropolis." See sections 24 and 25 of 25 & 
 26 Viet. c. 102, post, as to formation and maintenance of bridges, arches, 
 culverts, &c. As to obligation of vestries and district boards with respect 
 to the construction of sewers, see the decisions referred to in note to section 
 69, ante. 
 
 (a) See definition of the word " sewage " in the 32nd section of 21 & 22 
 Viet. c. 104, for the purification of the Thames and main drainage of the 
 metropolis, post. 
 
 (b) Extended by section 26 of 21 & 22 Viet. c. 104, as explained by 
 section 26 of 25 & 26 Viet. c. 102, to 31st December, 1863. So much of 
 this section as requires the completion of the works on or before the 31st 
 December, 1860, was repealed by the Metropolitan Board of Works (Loans) 
 Act, 1869. The Metropolitan 'Main Drainage Extension Act, 1863, had 
 extended the time to the 31st December, 1866, and the Metropolitan Main 
 Drainage Extension Act, 1865, extended the time for borrowing the sums 
 authorized to be raised under the last-mentioned Act to 31st December, 
 1867. 
 
 (c) See certain Acts relating to the drainage of parishes, &c., not within 
 the metropolitan area ; namely, 34 & 35 Viet. c. 129, which authorises the 
 Hornsey Local Board of Health to make a sewer in the parishes of Stoke 
 Newington and Hornsey, to be connected by a junction with the northern 
 high level sewer, with provisions, amongst others, for the payment of cer- 
 tain sums to the metropolitan board by the local board by way of contribu- 
 tion towards the making and maintaining the high level sewer, and main- 
 taining and working the main drainage system; the 35 & 36 Viet, 
 c. 163, repealing the 30th section of the last-mentioned Act as to the 
 contribution towards the cost of the main drainage system and sub- 
 stituting other provisions, with power to the local board to borrow and 
 to the metropolitan board to lend, with the consent of the treasury, 
 money required for permanent works ; the 36 & 37 Viet. c. 218, au- 
 thorizing the guardians of the Bromley Poor Law Union to connect, 
 subject to the conditions and provisions specified, drains or sewers made or 
 to be constructed within the Beckenham sewage area with the Penge and 
 Bell Green sewer, with provisions for payment by the guardians to the 
 Lewisham district board of the sum specified in the Act and the yearly sums 
 mentioned, and also of certain yearly sums to the Metropolitan Board of 
 Works as contribution towards the cost of the main drainage system, with 
 the power of making assessments for these purposes, and a provision 
 empowering the guardians to borrow and the metropolitan board to lend, 
 with the consent of the treasury, the necessary sums for the purposes of 
 the Act ; the 37 & 38 Viet. c. 97, requiring the metropolitan board to permit 
 the sewage of the South Hornsey district to be delivered into the northern 
 high level and middle level sewers subject to the specified conditions with any 
 others, provisions for payment to the metropolitan board by the local board 
 of a capital sum by way of contribution towards the cost of constructing and 
 maintaining those sewers, and certain yearly sums by way of contributing 
 towards the current cost in respect of the main drainage system, and of other 
 sums therein mentioned ; the 38 & 39 Viet. c. 163, constituting a body to be
 
 J 
 o 
 
 18 & 19 VICT. c. 120, s. 185. 75 
 
 shall discontinue, close up, or destroy such sewers for the time being Section 135. 
 
 vested in them under this Act, as they may deem unnecessary, and 
 
 such board shall from time to time repair and maintain the sewers so 
 
 vested in them, or such of them as may not be discontinued, closed 
 
 up, or destroyed as aforesaid ; and for the purposes aforesaid such 
 
 board shall have full power and authority to carry any such sewers 
 
 or works through, across, or under any turnpike road (d) or any 
 
 steeet (e) or place laid out as or intended for a street, as well beyond 
 
 as within the limits of the metropolis, or through or under any 
 
 cellar or vault under the carriageway or pavement of any street and 
 
 into, through, or under any lands whatsoever (/) within er beyond 
 
 the said limits, making compensation (g) for any damage done 
 
 called the West Kent Main Sewerage Board, gives power for the construction 
 of a main sewer from Beckenhamto Dartford and other works, with provisions 
 for communications between sewers of the metropolitan and district boards 
 with the sewers of the sewerage board, and payment of contribution, with 
 powers to the sewerage board to borrow, and to the metropolitan board to 
 lend, money raised by the creation and issue of metropolitan stock. 
 
 d) See section 33 of 25 & 26 Viet. c. 102, post, providing for notice 
 ore breaking up turnpike roads and imposing other conditions. 
 (e) See interpretation of word " street," section 250, post, extended by 
 section 112 of Metropolis Management Amendment Act, 1862. See 
 express power to metropolitan board to stop up streets, roads, or w.ays, 
 during execution of works, 25 & 26 Viet. c. 102, s. 21, post. 
 
 (/) The powers conferred by this section did not authorize the board to 
 construct works on the soil or bed of the Thames. That power is however 
 given by 21 & 22 Viet. c. 104, s. 2, but subject to the condition that 
 the approval of the admiralty should have been previously obtained. 
 Where, therefore, the board had executed works for carrying a sewer iuto 
 the river, by which the plaintiff's ship was damaged, and the approval of 
 the admiralty had not been obtained, they were held liable in an action 
 for obstructing the navigation; Brownlow v. The Metropolitan Board 
 of Works, 31 L. J. C. P. 140. Under the like words in the Public Health Act 
 a local board were held entitled to make a sewer through private property 
 raised above ground ; Roderick v. Aston Local Board, L. R. 5 Ch. Div. 
 328. See sections 24 and 25 of 25 & 26 Viet. c. 102, post, as to communi- 
 cations between lands through which works are carried; the provisions 
 contained in sections 34 and 35 of 25 & 26 Viet. c. 102, post, as to notices 
 and other requirements where works will affect any railway or canal; 
 sections 27 and 28 of 21 & 22 Viet. c. 104, post, requiring approval of 
 works under that Act by the admiralty and conservators of the Thames ; 
 and section 30, regulating works under or over the river Lea. 
 
 (g) Under this and the corresponding provision in section 69, boards 
 and vestries are empowered to carry their sewers through any lands, &c. 
 whatsoever, on the sole condition of making compensation, and they are 
 not compelled to purchase the land itself, or any easement in it, and the 
 provisions of the 150th, 151st, and 152nd sections, enabling them to purchase 
 land or rights or easements in land which they may deem necessary for the 
 formation or protection of works, do not restrict the exercise of this power ; 
 North London Railway Company v. Metropolitan Board of Works, 28 L. J. 
 Ch. 909. It was held upon the construction of the Public Health Acts, 1848 
 and 1875, that a side entrance or man-hole is not necessarily a part of 
 a sewer, and that the power to construct a sewer did not carry with it the 
 right to construct the side entrance on the footpath without the plaintiff's 
 consent, and an injunction was granted to restrain the continuance of the 
 side entrance until the defendants purchased the plaintiff's interest in the 
 land; Swanston v. Twickenham L. B. of Health, 43 J. P. 206. The sole 
 condition to the exercise of the power of carrying sewers through private 
 property is to make compensation. The payment or tender of compensa-
 
 76 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 135. 
 
 Note. 
 
 tion is not a condition precedent to the light of entry on lands to execute 
 works; Peters v. Clarson, 7 M. & G. 548; Lister v. Lobley, 7 Ad. & E. 
 124 ; North London Railway Company v. Metropolitan Board of Works, 
 supra ; Pettiward v. Metropolitan Board of Works, 34 L. J. C. P. 301 ; 
 and Macey v. Metropolitan Board of Works, 33 L. J. Ch. 377. Though 
 the language of this part of the section giving compensation is somewhat 
 different from that used in the 68th section of the Lands Clauses Act, 8 
 Viet. c. 18, it is similar in effect. The compensation mentioned in the 
 68th section of the Lands Clauses Act, is " in respect of any lands or of 
 any interest therein which shall have been taken for or injuriously affected 
 by the execution of the works," and the 6th section of the Railway Clauses 
 Act directs full compensation for the value of the lands, &c., " and for all 
 damage sustained by owners, &c.," by reason of the exercise as regards such 
 lands of the powers vested in the company. The last-mentioned Act is, 
 however, not incorporated with this Act. The decisions under the 68th 
 section of the Lands Clauses Act, and other statutes containing compensa- 
 tion clauses, show that compensation can only be claimed for Acts authorized 
 by the statute; Broadbent v. Imperial Gas Company, 26 L. J. Ch. 
 276; In re Penny, 26 L. J. Q. B. 225; Beckett v. Midland Railway 
 Company, 37 L. J. C. P. 11 ; and see Rhodes v. Airedale Drainage Com- 
 missioners, L. R. 1 C. P. D. 380 ; and Hall v. Mayor, Sfc., of Bristol, 
 L. R. 2 C. P. 322 ; and it can only be claimed where the act occasioning 
 the injury would, without the statute authorizing it, have been the subject 
 of an action at common law ; New River Company v. Johnson, 2 E. & E. 
 435 ; Hall v. Mayor of Bristol, supra. But this rule does not apply 
 where the act complained of was done on a claimant's own land, taken by 
 a company under a statutory power ; Re Stockport, fyc., Railway Company, 
 33 L. J. Q. B. 251. If the land is not taken, and nothing is done which 
 would have afforded a cause of action before the Act passed, it does not 
 injuriously affect the land so as to constitute a ground for compensation ; 
 In re Penny, supra; Caledonian Railway Company v. Ogilvy, 2 Macq. 
 H. L. Rep. 229 ; Broadbent v. Imperial Gas Company, 26 L. J. Ch. 
 276 ; Chamberlain v. West end of London and Crystal Palace Railway 
 Company, 31 L. J. Q. B. 201; Glover v. North Stafford Railway 
 Company, 20 L. J. Q. B. 376 ; R. v. Metropolitan Board of Works, 
 38 L. J. M. C. 24. The King v. The London Dock Company, 5 A. & E. 
 163, is overruled by the Queen v. The Eastern Counties Railway Company, 
 2. Q. B. 347 ; Chamberlain v. West end, Sfc., and Crystal Palace Railway 
 Company, supra. 
 
 If the proceeding be in excess of the powers conferred by the statute, 
 the remedy is by action ; Broadbent v. Imperial Gas Company, 26 L. J. 
 Ch. 276; Rhodes v. Airsdale Commissioners, L. R. 1 C. P. 402. And 
 the injury in respect of which compensation is claimed, must be a damage 
 to the land, and not merely an injury of a personal nature, though con- 
 nected with the enjoyment of land ; R. v. Metropolitan Board of Works, 
 L. R. 3 C. P. 82; and see Rickett v. Midland Railway Company, L. R. 1 
 H. L. 205; Beckett v. Midland Railway Company, 37 L. J. C. P. 11; 
 R. v. Metropolitan Board of Works, L. R. 4 Q" B. 358. 
 
 A physical interference with a right giving additional market value to 
 property apart from any user, gives a title to compensation, as where 
 premises were depreciated by the destruction of a dock, though the claimant 
 had no right to the use of the dock except as one of the public ; Metro- 
 politan Board of Works v. McCarthy, 43 L. J. C. P. 385. The owner of a 
 wharf deprived of free access to the Thames and the means of unloading 
 barges at his wharf, was held entitled to compensation; Macey v. Metropolitan 
 Board of Works, 33 L. J. Ch. 377 ; so where a road was narrowed and the 
 property depreciated ; Beckett v. Midland Railway Company, 37 L. J. C. P. 
 11; access to a house impeded by the raising of the level of a street; R. 
 v. St. Lukes, Chelsea, L. R. 7 Q. B. Ex. Ch. 148 ; houses depreciated by 
 the diversion of a road, Chamberlain v. Crystal Palace Company, supra :
 
 18 & 19 VICT. c. 120, s. 135. 77 
 
 Section 135. 
 
 Note. 
 
 for the destruction of ancient lights ; D. Bedford v. Dawes, 44 L. J. Ch. 
 549; Eagle v. Charing Cross Railway Company, 36 L. 3. C. P. 297; and 
 see further Biggs v. Corporation of London, L. R. 15 Eq. 376; It. v. 
 Wallasey Local Board of Health, L. R. 4 Q. B. 351 ; B. v. Midland Rail- 
 way Company, 2 Railway Ca. 1 ; -B. v. Nottingham Waterworks Company, 
 6 A. & E. 355 ; Caledonian Railway Company v. Ogilvy, 2 Macq. H. L. 
 Rep. 229 ; Winterbotham v. E. Derby, 36 L. J. Ex. 194 ; Holt v. Gas 
 Light and Coke Company, L. R. 7. Q. B. 728 ; Grand Junction Canal 
 Company v. Shugar, L. R. 6 Ch. 483 ; Edwards v. Great Eastern Railway 
 Company, L. R. W. N. (1878), p. 93. 
 
 It was decided, on appeal to the House of Lords from the judgment of 
 the Ex. Ch. reversing the decision of the Queen's Bench, that where the 
 plaintiff was owner of a house, &c., with an exclusive easement over a 
 causeway and jetty, and under powers conferred hy the Thames Embank- 
 ment Act, 1862, a roadway was substituted for a river frontage, he was 
 entitled to compensation, and that the loss of the use of the river frontage 
 and the consequent loss of privacy and the increase of dust and noise occa- 
 sioning deterioration of the property, were subjects for the arbitrator to 
 consider in deciding the amount of compensation ; D. Buccleuch v. Metro- 
 politan Board of Works, L. R. 3 Ex. 306;. 5 Ex. (Ex. Ch.) 221 ; 5 E. &Ir. 
 App. 418. Where an act containing compulsory powers incorporates the 
 whole of the Lands Clauses Consolidation Act, a right of compensation is, 
 without any other enactment, confeired upon persons interested in lands 
 injuriously affected by the exercise of statutory powers ; R. v. St. Luke, 
 Chelsea, 40 L. J. Q. B. 305; and see decision in Ferrar v. Sewers Com- 
 missioners of London, 38 L. J. Ex. 17; Ex. Ch. 102; Baker v. Vestry of 
 St. Marylebone, 23 W. R. 848. 
 
 But where the occupier of premises near the Thames had been accus- 
 tomed to draw water from the river, and bring his barges into a draw 
 dock as a public right only and not as a right attached to the premises, 
 and had been obstructed by the Thames Embankment works, he was held 
 not entitled to compensation; R. v. Metropolitan Board of Works, 38 
 L. J. Q. B. 20; L. R. 4 Q. B. 358. 
 
 Loss of trade occasioned by the obstruction of a highway during the 
 execution of works of a railway company, is not an injuriously affecting 
 of the tradesman's interest in his premises entitling him to compensation ; 
 Rickett v. Metropolitan Railway Company, 36 L. J. Q. B. 205 ; overruling 
 Senior v. Metropolitan Railway Company, 2 H. & C. 258 ; see observa- 
 tions of Lord Westbury and the other judges who dissented from this judg- 
 ment. See also Cameron v. Charing Cross Railway Company, 33 L. J. 
 C. P. 313, where it had been decided that this species of injury was the subject 
 of compensation, but the decision was reversed on appeal to Ex. Ch. 13 W. R. 
 300, 455. There was no right to compensation for damage caused by vibration, 
 after the construction of the works, Brand v. Hammersmith Railway Com- 
 pany, 36 L. J. Q. B. 139, affirmed by H. L., diss. Lord Cairns 38 L. J. 
 Q. B. 265 ; nor for inconveniences caused by a level crossing ; Caledonian Rail- 
 way Company v. Ogilvy, supra ; nor for diminished amenity of residence from 
 being overlooked ; Re Penny, supra ; nor for temporary inconvenience by 
 a hoard during the execution of works, unless the hoard was kept up for 
 an unreasonable time ; Herring v. Metropolitan Board of Works, 34 L. J. 
 C. P. 224 ; nor for subsequent subsidence where the claimant had accepted 
 a sum as compensation for all damage resulting from a railway ; Crofts v. 
 London $ North Western Railway Company, 3 B. & S. 436 ; nor for loss 
 from the discontinuance of the traffic of a ferry in consequence of the 
 erection of a railway bridge ; Hopkins v. Great Northern Railway Com- 
 pany, L. R. 2 Q. B. D. (C. A.) 224, overruling R. v. Cambrian Railway 
 Company, L. R. 6 Q. B. 264; 40 L. J. Q. B. 169. There is no right to 
 compensation for indirect injury resulting from the diversion of traffic, 
 but there is such a right for direct structural injury ; Bigg v. Corporation 
 of London, L. R. 15 Eq. 376 ; nor for a reduction of profits during the
 
 73 METROPOLIS LOCAL MANAGEMENT. 
 Section 135. _____^___ 
 
 Note. interval between notice and taking possession ; R. v. Vauahan, 38 L. J. 
 M. C. 49. 
 
 Where the metropolitan commissioners of sewers had made a sewer in a 
 public road, thereby tapping certain underground springs, and preventing 
 them from entering a pond, &c., belonging to the prosecutor, it was held 
 in amandamus to the metropolitan board, to whom the liabilities of those com- 
 missioners had been transferred, on the authority of Chasemore v. Richards, 
 29 L. J. Ex. 81, that the prosecutor had no right of action in respect of 
 such injury independently of the statute, and consequently was not entitled 
 to compensation either under section 50 or section 69 of the Metropolitan 
 Sewers Act, 11 & 12 Viet. c. 112; R. v. Metropolitan Board of Works, 32 
 L. J. Q. B. 105, distinguished from Hodgkinson v. Ennis, 32 L. J. Q. B. 231 ; 
 and see Grand Junction Canal Company v. Shugar, L. R. 6 Ch. 483. In 
 Chasemore v. Richards, 29 L. J. Ex. 81, it was decided that no action would lie 
 for damage of this nature, and that the owner of an ancient mill could not 
 maintain an action against the owner of adjacent land who had dug a well 
 on his own land and diverted the underground waters not known to flow in a 
 defined channel, which otherwise would have percolated into the river ; and 
 see New River Company v. Johnson, E. & E. 435. Water which diffuses 
 itself over an indefinite surface is not the subject matter of a right by user. 
 Briscoe v. Drought, 11 Ir. Com. Law R. 250, in error. But where the sewers 
 commissioners had incurred liability, the metropolitan board were held liable 
 to make compensation, though the liability was not known when the powers 
 of the commissioners were determined, and the claim was not made for several 
 years; Pettiward v. Metropolitan Board, 34 L. J. C. P. 301. See an able 
 exposition of the law relating to this subject, with a comprehensive summary 
 of the decisions, in Eyre Lloyd's Law of Compensation, chap. V, 4th ed. 
 
 In an action for compensation it is a good plea that the lands were 
 not injuriously affected, Read v. Pimlico Railway Company, 32 L. J. 
 Ex. 167. 
 
 For acts which, notwithstanding the statute containing or incorporating 
 the compensation clause, remain wrongful, the remedy by action is not taken 
 away ; Broadbent v. Imperial Gas Company, 26 L. J. Ch. 276 ; Hely v. 
 Todmorden Local Board of Health, 44 L. J. C. P. 19 ; Biscoe v. Great 
 Eastern Railway Company, L. R. 16 Eq. 636 ; Brine v. Great Western 
 Railway Company, 31 L. J. Q. B. 101 ; Bramlen v. Metropolitan Board 
 of Works, 13 C. B. (N.S.) 768 ; Clothier v. Webster, 9 Jur. (s.s.) 23. As to 
 the liability of drainage commissioners for damage by flooding, see Collins 
 v. Middle Level Commissioners, L. R. 4, C. P. 279. An offer of a sum in 
 respect of knds injuriously affected must be unconditional ; an offer of 
 one snm for compensation and costs is bad; Bush \. Trowbridge Water- 
 works, L. R. 10 Ch. 459. 
 
 Where the proceeding for want of compliance with a formality prescribed by 
 an Act of parliament became an unlawful one, an action lay ; Brownlow 
 v. Metropolitan Board of Works, 31 L. J. C. P. 140, and not the less 
 so because the contractor may also be responsible for his own acts or defaults ; 
 Hid. But a public body using ordinary caution is not responsible for 
 damage arising from extraordinary causes ; Blyth v. Birmingham Water 
 Company, 11 Ex. 781 ; see Nichols v. Marsland, L. R. 10 Ex. 255, and 
 Fletcher v. Rylands, L. R. 3 H. L. 330. Or for damage arising from the 
 negligence of the plaintiff or of strangers ; Solden v. Liverpool Gas Com- 
 pany, 3 C. B. 1. See as to responsibility of a contractor to commissioners 
 of sewers for an injury resulting from the neglect to fence a trench, 
 where access to a mews was obstructed by the works ; Clayards v. Dethick, 
 12 Q. B. 439 ; and Jones v. Bird, 5 B. & Aid, 837, 844, as to the suffi- 
 ciency of notice to secure property on the execution of sewerage works and 
 the liability to shore up houses. In Ward v. Lee, 26 L. J. Q. B. 142, 
 it was decided that the contractors of the metropolitan commissioners of 
 sewers, who had broken into an old drain and damaged the property of the 
 plaintiff, but who were found by the jury to have acted bond fide in carry-
 
 18 & 19 VICT. c. 120, s. 135. 79 
 
 thereby as hereinafter provided (a), and all sewers and works from Section 135. 
 
 time to time made by the said board, shall vest in them ; and the 
 
 said board shall cause the sewers vested in them to be constructed, 
 
 covered, and kept so as not to be a nuisance (6) or injurious to 
 
 health, and to be properly cleared, cleansed, and emptied, and for the 
 
 purpose of clearing, cleansing, and emptying the same they may con- 
 
 ing out the orders of the commissioners, were, by section 28 of the 11 & 12 
 Viet. c. 112 (the Metropolitan Sewers Act, now expired), absolved from 
 personal liability; but that the commissioners were liable for such an 
 injury, and the damages that might be recovered against them would be 
 payable out of the funds at their disposal under section 125 of the statute. 
 See action against a district board constituted under this Act for neglecting to 
 keep a sewer dean, whereby plaintiff's premises were flooded, Meek v. 
 Whitechapel Board of Works, 2 F. & F. 144. Sec cases cited in note to 
 section 69, ante. 
 
 (a) See section 225 as to settlement and recovery of compensation. 
 
 (5) In the Attorney-General v. The Metropolitan Board of Works, 27 J. P. 
 Ch. 597, on a bill filed to restrain the defendants from discharging sewage 
 into the river Lea during the construction of the main drainage works, 
 Vice-Chancellor Sir W. P. Wood, in the course of his judgment, said : 
 " My personal impression upon this interlocutory application is that the 
 defendants have no authority under their Acts to do what they have done. 
 Section 135 of the 18 & 19 Viet. c. 120, does not, in my opinion, give them 
 power to turn the sewage of a district into any navigable river or stream." 
 And further on he says, " I apprehend the distinction in these cases is 
 between nuisances which are the necessary result of the works authorized 
 by the Act, and those nuisances which are not such necessary result, but, 
 ns in this case, only arise from some accidental circumstance, such as the 
 failure of the contractor. Here the nuisance complained of is by no 
 means the necessary result of the execution of the main drainage works, 
 and I cannot hold that it is covered or authorized by anything in the 
 Acts under which the defendants derive their powers." But for the pur- 
 poses of main drainage operations the metropolitan board had powers, in 
 addition to and beyond those adverted to in the judgment in the foregoing 
 case. By the 21 & 22 Viet. c. 104, s. 1, they were to carry on and com- 
 plete, with all convenient speed, according to such plan as to them might 
 seem proper, the necessary sewers and works for the improvement of the 
 main drainage, and for preventing, as far as might be practicable, the 
 sewage of the metropolis from passing into the Thames within the metropolis, 
 and (section 2) for the purposes of the Act they were empowered to construct 
 any work through, along, over, or under, the bed, and soil, and banks and 
 shores of the river Thames. These powers were subject to the condition 
 (section 27) that no such works below low water mark which might interfere 
 with the navigation of the river should be executed without having been 
 previously approved of by the admiralty, and (section 28) by the conservators 
 of the Thames. The main drainage works and the enactments under which 
 they were executed, necessarily contemplated an outfall into the Thames. 
 The Rivers Pollution Prevention Act, 1876, 39 & 40 Viet. c. 75, subjecting 
 to penalties every person who should cause to fall, or flow, or to be carried 
 into any stream any solid or liquid sewage matter, recognises that fact 
 by providing, section 18, that nothing in or done under the Act should 
 affect any outfall or other works of the Metropolitan Board of Works 
 (although beyond the metropolis). And the same outfalls are referred to 
 in the provisions of the Thames Navigation Act, 1870, which cast upon the 
 board the duty of keeping the Thames free from such banks or other 
 obstructions to the navigation as may have arisen or may arise from the 
 flow of sewage at their outfalls for the time being into the river; and 
 similar savings as regards these outfalls are contained in other acts. 
 
 As to proceedings to restrain district boards from executing drainage
 
 80 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 135. 
 
 works so as to create a nuisance, see Attorney -General v. Hackney District 
 Board, L. R. 20 Eq. 626 ; and Gator v. Lewisham District Board, 5 B. & 
 S. 115, referred to in note to section 69, ante. 
 
 As to the general law upon the subject of nuisances occasioned by the 
 discharge of sewage and other matters into streams, it has been laid down 
 in numerous cases that public bodies have no right to pour sewage into 
 streams and watercourses so as to cause a nuisance or injuriously affect the 
 rights of individuals ; and where they have done so they have been restrained 
 by injunction, and that not only where they have created a nuisance by 
 pouring sewage into pure streams, but where streams have for many years 
 been to a certain extent contaminated, but the works complained of have 
 materially increased the pollution. 
 
 In The Attorney- General v. The Town Council of Birmingham, 4 Kay 
 & J. 528, a local board of health were restrained from carrying sewage into 
 a river to the prejudice of the rights of private individuals ; and in Goldsmid 
 v. The Improvement Commissioners of Tunbridge Wells, L. R. 1 Eq. 161 ; 
 1 Ch. 349, where the sewage of a town had for many years drained into a 
 stream passing through the plaintiff's land, but subsequently, by the increase 
 of the sewer, the stream became perceptibly polluted, the decree of the 
 master of the rolls restraining the commissioners from draining into the 
 stream so as to pollute the water to the injury of the plaintiff was affirmed. 
 Where a local Act incorporating the Towns Improvement Clauses Act, 1847, 
 empowered a corporation to drain into a specified river, it was held that 
 section 107 of the latter Act, rendering persons responsible, notwithstanding 
 the statute, for acts amounting to a nuisance at common law, was incor- 
 porated with the local Act, and prohibited such drainage into the river as 
 would create a nuisance; Attorney-General v. Mayor, fyc., of Leeds, 39 
 L. J. Ch. 25 ; L. R. 5 Ch. 583. See observation of the master of the rolls 
 in Smith v. Smith, 44 L. J. Ch. 632. 
 
 In the Attorney -General v. Richmond, 35 L. J. Ch. 597, Wood, V. C., 
 says, " No persons are entitled on the ground of ancient custom or privilege 
 to make a river carry off the sewage through drains or to collect the whole 
 into a mass and pour it in at one time in such a quantity that the river 
 cannot perform its function of diluting it on its passage down to the lower 
 riparian proprietors. 
 
 And see further as to the grounds on which the courts have proceeded in 
 applications for injunctions to restrain nuisances from the pollution of 
 streams and other causes ; Attorney- General v. Colney Hatch Lunatic 
 Asylum, 38 L. J. Ch. 265 ; Attorney- General v. Corporation of Halifax, 
 39 L. J. Ch. 129, and North Staffordshire Railway Company v. Tunstall 
 Local Board of Health, 39 L. J. Ch. 131; Holt v. Mayor of Rochdale, 
 39 L. J. Ch. 761 ; Attorney-General v. Luton Board of Health, 2 Jur. (N.S.) 
 180; Oldacre v. Hunt, 1 Jur. (N.S.) 785; and see Bidder v. The Local 
 Board of Croydon, 6 L. T. (N.S.) 779 ; and Attorney -General v. Bradford 
 Canal Company, L. R. 2 Eq. 71. 
 
 But the courts have refused to interfere where the evidence showed that the 
 nuisance complained of was trivial in its character or only temporary in dura- 
 tion. In The Attorney- General v. Gee, L. R. 10 Eq. 131, a bill and information 
 filed to restrain a local board of health from discharging sewage into a 
 river were dismissed with costs, principally on the ground that the injury 
 proved was only trifling. In the Attorney -General v. Corporation of 
 Kingston-on-Thames, 34 L. J. Ch. 481, an injunction to restrain the cor- 
 poration from draining into the Thames was refused because there was no 
 evidence of an existing or strongly probable nuisance. In Attorney-General 
 v. Cockermouth Local Board of Health, L. R. 18 Eq. 172, where a local 
 board discharged sewage into a river in contravention of the Local Govern- 
 ment Amendment Act, 1861, an injunction to restrain them from infringing 
 the Act was granted, though the bill seeking to make out a case of nuisance 
 was dismissed. 
 
 In Lillywhite v. Trimmer, 36 L. J. Ch. 525, a bill filed to restrain a
 
 18 & 19 VICT. c. 120, ss. 135, 186. 81 
 
 struct and place, either above or under ground, such reservoirs, Section 135. 
 
 sluices, engines, and other works as may be necessary (a), and may 
 
 cause the sewage and refuse from such sewers to be sold or disposed 
 
 of (b) as they may see fit, but so as not to create a nuisance (c), and 
 
 the money arising thereby shall be applied towards defraying the 
 
 expenses of such board (d). 
 
 136 (e). Before the metropolitan board of works commence any 
 sewers and works for preventing the sewage from passing into the Before works 
 Thames as aforesaid, the plan of the intended sewers and works for . or 
 the purpose aforesaid, together with an estimate of the cost of carry- 
 ing the same into execution, shall be submitted by such board to the 
 commissioners of Her Majesty's works and public buildings ; and no tobe submit- ' 
 such plan shall be carried into effect until the same has been ted to commis- 
 approved by such commissioners. sioners of 
 
 local board front discharging sewage into a river, causing nuisance and 
 injury to the plaintiff was dismissed, but without costs, the court finding 
 that no material injury had accrued to the plaintiff, and that the nuisance, 
 if any, had been to a great extent abolished since the filing of the bill ; 
 and the Vice-Chan cellor, in delivering judgment, expressed his acquiescence 
 in the law as laid down in the Attorney- General v. Town Council of Bir- 
 mingham, 4 Kay & J. 528, supra, and followed in subsequent decisions. 
 Under the Judicature Act, 1873, s. 89, a county court has, in actions 
 within its jurisdiction, power to grant an injunction against a nuisance, 
 and to commit to prison for disobedience thereto ; Exparte Martin, L. R. 10 
 Ch. D. 212. 
 
 (a) A local board of health was held not empowered by the 46th section 
 of 11 & 12 Viet. c. 43 to enter upon the land of another person without his 
 consent for the purpose of making a tank or reservoir for the reception of 
 sewage, Sutton v. Mayor of Norwich, 27 L. J. Ch. 739. 
 
 (b) The 28 & 29 Viet. c. 121 (Loc.) (Metropolitan Sewage and Essex Recla- 
 mation Act 1865) authorized the incorporation of a company for utilising 
 the sewage of the metropolis north of the Thames and other purposes. 
 The time for completion was extended by the 29 & 30 Viet. c. 280 (Loc.) to 
 1866. See bill for an injunction by a local board of health against a 
 sewage company complaining that the company's works were insufficient 
 for treating the sewage successfully, and thereby occasioning a nuisance ; 
 Kuneaton Local Board of Health v. General Sewage Company, L. R. 20, 
 Eq. 127. 
 
 By the Thames Navigation Act 1870, s. 20, the metropolitan board are 
 required at their own expense to keep the Thames free from banks and 
 obstructions arising from the flow of sewage at their outfalls, with power 
 to dredge and remove banks and obstructions, subject to the approval of 
 the conservators. 
 
 (c) Refer to note to section 135, supra, as to proceedings to restrain 
 nuisances from sewage, &c. See 21 & 22 Viet. c. 104, s. 23, post, as to works 
 and means for deodorizing sewage during the execution of works for the 
 purification of the Thames. See section 24 as to execution of works so as 
 not to create a nuisance, and section 31 as to proceedings by secretary of 
 state on complaint of nuisance. 
 
 (d) See powers given to metropolitan board to take land for works for 
 deodorization of sewage pending the execution of the main drainage works. 
 21 & 22 Viet. c. 104, s. 3, post. 
 
 (e) This clause was repealed by 21 & 22 Viet. c. 104, post, the first 
 section of which directs the board to execute the works of main drainage 
 " according to such plan as to them shall seem proper," thus rendering the 
 approval of the commissioners of works no longer necessary ; see section 
 25 .of last-named Act ; and by the 9th section the commissioners of the 
 treasury were authorized to appoint inspecting engineers to inspect the 
 main drainage works executed under this Act, and report to the commis- 
 sioners in relation to the expenditure on such works. 
 
 O
 
 g2 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 137. 137. In case it appear to the metropolitan board of works that any 
 
 - sewers in the metropolis not hereinbefore vested in such board ought 
 
 Metropolitan ^ Q be cons i(j ere d main sewers, and to be under their management, it 
 
 board may de- gnall be ]awM for guc]l board> by an order under their seal> to declare 
 
 bemainr'were tne same to be ma * n sewers > and thereupon the same shall vest in 
 , , , ' and be under the management of the said board ; and it shall also 
 
 theiHurkdic be ! awfu l for the said board bv any such order to take under their 
 tion sewerage jurisdiction and authority any other matters in relation to sewerage 
 matters under an d to drainage with respect to which jurisdiction or authority is by 
 jurisdiction of this Act vested in any vestry or district board, 
 vestries and 
 
 district boards. 138. The metropolitan board of works shall from time to time, in 
 Metropolitan order to secure the efficient maintenance of the main and general 
 board to make sewerage of the metropolis, make such general or special order as to 
 orders for con- them may seem proper for the guidance, direction, and control of the 
 trolling ves- vestries of parishes and district boards in the levels, construction, 
 tries and dis- alteration, and maintenance and cleansing of sewers in their respec- 
 trict boards in tive parishes or districts, and for securing the proper connexion and 
 construction of intercommunication of the sewers of the several parishes and districts 
 sewers, &c. () and their communications with the main sewers vested in the said 
 metropolitan board, and generally for the guidance, direction, and 
 control of vestries and district boards in the exercise of their powers 
 and duties in relation to sewerage ; and all such orders shall be bind- 
 ing upon such vestries and boards. 
 
 Metropolitan 139. The metropolitan board of works, where it appears to them 
 board may expedient that any officer or set of officers necessary for the purposes 
 direct appoint- of this Act should act for a larger area than is comprised in one 
 ments to be parish or district, or for parts of different parishes or districts, may,, 
 made for two -with the consent of the vestries or boards of such parishes or dis- 
 parishes or dis- tricts, direct that such vestries or boards shall unite in the appoint- 
 tricts jointly. ment anx j rem oval of such officer or set of officers ; and the said 
 metropolitan board shall in such cases direct the mode in which the 
 respective bodies or committees thereof shall act together for the 
 purposes of every such appointment and removal, and the propor- 
 tions in which the salary or salaries of such officer or officers shall be 
 borne and paid by every such parish and district respectively. 
 
 Or may place a 140. It shall be lawful for the metropolitan board of works, where 
 street in diffe- it appears to them that any street or fine of street, being in more 
 rent parishes than one parish or district, should be placed under the exclusive manage- 
 under the ment of one vestry or district board for the purposes of paving, lighting, 
 management watering, and cleansing, or any of them, or for the purposes of sewer- 
 n l- VC f ^ and drama ge> or for all the purposes of this Act. to order that the 
 or part oi a same shall be under the management of such vestry or board accord- 
 them Cr ingly ; and {i sha11 als '' be lawful for the said metropolitan board, 
 ment of vestrv where ii; a PP ears to them that any part of any parish or district is so 
 * detached or situate that it would be convenient for the purposes of 
 
 (a) The 83rd section of 25 & 26 Viet. c. 102, post, empowers the metro- 
 politan board to make bye-laws in relation to the matters enumerated in 
 this section ; and see section 45, et seq. of same Act, as to submitting plans 
 to metropolitan board and other regulations in case of the construction of 
 new sewers, branching of drains into sewers, abandonment, &c. of designs 
 for sewers ; and section 32 of 25 & 26 Viet. c. 102, post, as to compensation 
 where sewers of different parishes are connected. There is 110 express pro- 
 vision for enforcing compliance. In R. v. Walker, 40 J. P. 231, it was 
 decided that an indictment lay for disobedience to an order of commis- 
 sioners made under the Epping Forst Acts.
 
 18 & 19 VICT. c. 120, ss. 140, 141. 83 
 
 sewerage or drainage that the same should be placed under the Section 140. 
 management of the vestry or district board of any adjoining parish 
 or district, to order that such part shall, for such purposes be under _ ^ t ij 
 the management of such vestry or district board. 
 
 141 (c). It shall be- lawful for the metropolitan board of works Metropolitan 
 from time to time to cause to be painted or affixed on a conspicuous board to regu- 
 part of some house or building at or near each end, corner, or ' a * naming of 
 entrance of every street in the metropolis the name of such street, strefi ** ^ nd 
 and the board may, where more than one street in the metropolis is "' 
 called by the same name, alter the name of any or all such streets, 
 except one, to any other name which to such board may seem fit, 
 and which may be approved by the commissioners of Her Majesty's 
 works and public buildings ; and before any name is given to any 
 new street, notice of the intended name shall be given to the said 
 board, and if there be any street in the metropolis called or about to 
 be called by the same name, the said board may, by notice in writing, 
 stating that there is already a street in the metropolis called or about 
 to be called by the same name, and describing the locality thereof, 
 given to the person by whom notice of such intended name was given 
 to them, at any time within fourteen days after receipt of such last- 
 mentioned notice, object to such intended name ; and it shall not be 
 lawful to set up any name to any new street in the metropolis until 
 the expiration of fourteen days after notice thereof has been given as 
 aforesaid to the said board, or to set up any name objected to as 
 aforesaid ; and the owners or occupiers of houses and buildings in 
 the several streets in the metropolis shall mark such houses or 
 buildings with such numbers or names for the purpose of dis- 
 tinguishing the same as the said board may direct or approve 
 and shall renew the numbers or names of such houses or build- 
 ings as often as they are obliterated or defaced ; and if any 
 occupier of any such house or building neglect for one week after 
 notice from the said board to mark such house or building with such 
 number or name as the said board may direct or approve, or to renew 
 the number or name thereof as aforesaid, he shall be liable to a 
 penalty of not exceeding 40s., and the said board may cause such 
 number or name to be so marked or renewed, and recover the 
 expense thereof from the owner of such house or building in manner 
 hereinafter provided ; and if any person wilfully or maliciously 
 destroy, pull down, obliterate, or deface the name of any street in 
 the metropolis, or the name or number of any house or building in 
 any such street, or paint, affix, or set up any name to any street, or 
 any name or number to any house or building, contrary to this 
 
 (i) See section 160, as to orders by vestries for payment of expenses of 
 executing the Act in the parts placed under their management under this 
 provision and note to that section. The 25 & 26 Viet. c. 102, post, em- 
 powers the metropolitan board to place roadways, footways, &c., in dif- 
 ferent parishes or districts under the management of one vestry or district 
 board, and to direct in what proportions the cost of constructing sewers, 
 paving, lighting, &c., shall be borne. 
 
 (e) This section is repealed by section 87 of the Act, 25 & 26 Viet. c. 
 102, post, which re-enacts its provisions with certain modifications. Under 
 this enactment it was held that the metropolitan board possessed the 
 exclusive power of directing how houses should be numbered within the 
 city of London ; and the powers given to the commissioners of sewers for 
 the city by 11 & 12 Viet. c. 163, were in that respect superseded by those 
 more recently conferred upon the metropolitan board ; Daw v. The Metro- 
 politan Board of Works, 31 L. J. C. P. 223. 
 G 2
 
 g4 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 141. enactment, he shall for every such offence forfeit a sum not exceed- 
 ing 40s. ; and it shall be lawful for the said board to cause such name 
 or number so painted, affixed, or set up contrary to their direction to 
 . be obliterated or destroyed. 
 
 Register to be 142. The said metropolitan board shall keep a register of all 
 kept of altcra- alterations made by them in the names of streets, and such registers 
 tions m names s h a n \) Q k e pt j n suc }i form as to show the date of every such altera- 
 of streets. tion> an( j tne name O f t jj e s t ree t previous to such alteration as well 
 
 as the new name thereof. 
 
 Buildings not 143 (a). No building shall, without the consent in writing of the 
 
 to be brought metropolitan board of works, be erected beyond the regular line of 
 
 beyond line of buildings in the street in which the same is situate, in case the dis- 
 
 street. tance of such line of buildings from the highway do not exceed 
 
 thirty feet, or within thirty feet of the highway where the distance 
 
 of the line of buildings therefrom amounts to or exceeds thirty feet, 
 
 notwithstanding there being gardens or vacant spaces between the 
 
 line of buildings and the highw-ay ; and in case any building be 
 
 erected contrary to this enactment, it shall be lawful for the vestry 
 
 or district board in whose parish or district such building is situate 
 
 to cause the same to be demolished or set back (as the case may 
 
 require), and to recover the expenses incurred by them from the 
 
 owner of the premises in manner provided by this Act. 
 
 Power to 144. The metropolitan board of works shall have power to make, 
 
 metropolitan widen, or improve any streets, roads, or ways, for facilitating the 
 board to make passage and traffic between different parts of the metropolis, or to 
 improvements contribute and join with any persons in any such improvements as 
 (*) aforesaid, and to take, by agreement or by gift, any land, rights in 
 
 land, or property, for the purposes aforesaid (or otherwise) for the 
 
 (a) This section is repealed by 25 & 26 Viet. c. 102, s. 75, post, which 
 contains a new set of regulations with respect to buildings beyond the 
 general line, and see section 76 of same Act. Neither this nor the Metro- 
 politan Building Act, 18 & 19 Viet. c. 122, contains any definition of the 
 word " building," but under the latter Act it was held that a shop all 
 wood, without footings or any brickwork for a foundation, thirteen feet 
 high and as many wide, built on wooden joists laid on the ground without 
 being let or fastened into the soil, and being capable of being removed in 
 its entirety, was a building within the meaning of that Act ; Stevens v. 
 Oourley, 29 L. J. C. P. 1. It was decided under this provision, and 
 the 3rd section of 19 & 20 Viet. e. 112, that the ecclesiastical commissioners 
 were not empowered to erect a church beyond the regular line of buildings 
 in a street; Ecclesiastical Commissioners v. Vestry of Clerkenwell, 30 
 L. J. 454, Ch. on appeal. Under this enactment it was decided that 
 it was sufficient if there was a general uniformity in the line of buildings ; 
 Tear v. Freebody, 22 J. P. 707; Robins v. Bury, 25 J. P. 83. The 
 removal of the materials in the former case was held to be a conversion. 
 But see now 25 & 26 Viet. c. 102, s. 75, and see the cases referred to in 
 notes to that section, post. Where a local board under Public Health 
 Act 1875, did not within a month signify its disapproval of a plan for 
 building, held it could not afterwards object where the building was exe- 
 cuted in accordance with the plan ; Masters v. Pontypool Local Board of 
 Health, L. R. 9, Ch. D. 677 ; or pull down the building without giving the 
 owner an opportunity of showing cause ; ibid. 
 
 (b) By 19 & 20 Viet. c. 112, s. 10, the power of making application to 
 parliament given to the metropolitan board by this section is declared to 
 apply to applications to parliament for the purpose of parks, pleasure- 
 grounds, places of recreation, &c. See 19 & 20 Viet. c. 112, 8. 11, post,
 
 18 & 19 VICT. c. 120, s. 144. 85 
 
 improvement of the metropolis, on such terms and conditions as they Section 144. 
 may think fit ; and such board, where it appears to them that fur- 
 ther powers are required for the purpose of any work for the im- 
 provement of the metropolis or public benefit of the inhabitants 
 thereof, may make applications to parliament (c) for that purpose, 
 and the expenses (d) of such application may be defrayed as other 
 expenses of the said board : [Provided always, that before the 
 metropolitan board of works commence any such works the esti- 
 mated expense whereof shall exceed fifty thousand pounds, the plan 
 of such works, together with an estimate of the cost of carrying the 
 same into execution, shall be submitted by such board to the com- 
 missioners of Her Majesty's works and public buildings ; and no 
 such plan shall be carried into effect until the same has been 
 
 empowering vestries to take land by agreement or gift for pleasure grounds 
 &c. ; and section 72 of 25 & 26 Viet. c. 102, pout, empowering vestries and 
 district boards, with consent of metropolitan board, to effect improvements 
 within their parish or district, and to borrow money for that purpose ; and 
 section 73, giving the same bodies powers under 57 Geo. 3, c. 29, for im- 
 proving and regulating streets. See clauses, post, Appendix. 
 
 (c) See reference to the acts obtained by the metropolitan board for the 
 purposes defined by this and the 10th section of 19 & 20 Viet. c. 112, in note 
 to the last-named section post. 
 
 (d) The provisions contained in this and the 10th section of 19 & 20 
 Viet. c. 112, confer express power upon the metropolitan board to make 
 applications to parliament directed to the object of obtaining further 
 powers for the objects specified ; and the special Acts for improvements pro- 
 moted by the board, generally contain a provision for payment of the 
 expenses of obtaining them as the costs or expenses incurred in the execu- 
 tion of the Metropolis Management Acts. 
 
 The general principles applicable to the law relating to the payment of 
 expenses of parliamentary proceedings by corporations, local authorities, 
 and other public bodies may be deduced from the following decisions : 
 
 It was held in Bateman v. Mayor of Ashton-under-Lyne, 3 H. & N. 323, 
 that a company incorporated for supplying a district with water, might 
 lawfully apply to parliament for an extension of their powers, and con- 
 tract for the supply of plans and estimates essential to the application. 
 But commissioners under a local Act were held not entitled to defray out of 
 their funds the expenses of obtaining another Act giving more extensive 
 powers; Attorney-General v. Andrews, 2 McN. and Gordon, 225. 
 
 Commissioners of sewers may legally incur expenses in endeavouring to 
 procure the rejection or modification of a bill in parliament for carrying 
 out drainage likely to be injurious to their level, as litigation, &c. arising out 
 of their duties within section 16 of 3 & 4 Will. 4, c. 22 ; E. v. Commissioners 
 of Sewers of Norfolk, 15 Q. B. 549. 
 
 And commissioners for maintaining the banks of a river were held 
 entitled to oppose a bill in parliament, the provisions of which they had 
 grounds for believing would be injurious to the lands under their superin- 
 tendence ; Bright v. North, 2 Ph. 216. 
 
 And in an information to restrain a municipal corporation from apply- 
 ing the borough fund or raising a rate for the purpose of opposing a bill in 
 parliament, the object of which v/as to interfere with the sewage and 
 drainage of the town, it was held not a suit in which success was sufficiently 
 probable to entitle the relator to an interlocutory injunction ; Attorney- 
 General v. Mayor of Wigan, 5 D. M. & G. 52. 
 
 A municipal corporation has a right under section 92 of the Municipal 
 Corporation Act, or by the general law applicable to trustees, to defray out 
 of the borough funds or rates the expenses of opposing a bill in parliament 
 either attacking their existence as a corporation, their property, or only 
 their rights, powers, and privileges; Attorney- General v. Mayor of Brecon, 
 L. R. 10 Ch. D. 204 ; and as to what expenses incurred by a municipal
 
 86 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 144. approved by sucli commissioners ; and no such works shall be com- 
 menced in cases where the estimated expense thereof shall exceed 
 the sum of one hundred thousand pounds without the previous sanc- 
 tion of parliament (a). 
 
 Determination of Metropolitan Commission of Sewers. 
 
 Powers of 145. From and after the commencement of this Act all duties, 
 
 metropolitan powers, and authorities vested in the metropolitan commissioners of 
 commissioners sewers shall cease to be so vested ; and in the meantime, and until 
 of sewers to such commencement, the metropolitan commission of sewers, and the 
 cease (6). Act of the session h olden in the eleventh and twelfth years of Her 
 
 Majesty, chapter one hundred and twelve, and the Acts amending 
 
 the same, shall continue in force. 
 
 Actions, &c., 146. K o action, suit, prosecution, or other proceedings whatsoever, 
 
 not to abate, commenced or carried on by or against the said commissioners, shall 
 
 but to continue a ]j ate or jj e discontinued or prejudicially affected by the determina- 
 
 f or or against ^ on O f ^ e p 0wers O f 8UC h commissioners, but shall continue and 
 
 on O e p 
 
 metropolitan ^ ake effect in f avour O f or aga i ns t the metropolitan board of works 
 board, or j n ^ e ^j^ manner i n a n respects as the same would have con- 
 
 tinued and taken effect in relation to the said commissioners if this 
 Act had not been passed, and the powers of the said commissioners 
 had continued in full force ; and all decrees and orders made, and 
 all fines, amerciaments, and penalties imposed and incurred, respec- 
 tively, previously to the commencement of this Act, shall and may 
 
 corporation in opposing a bill in parliament were held not to be expenses 
 necessarily incurred in carrying into effect the provisions of the Municipal 
 Corporation Act within section 92 of the Act, refer to R. v. Mayor of 
 Sheffield, L. R. 6 Q. B. 652. 
 
 A railway company incorporated by statute cannot, even with the 
 approval of the shareholders, promote a bill in parliament involving an 
 application of its funds to purposes foreign from those for which it was in- 
 corporated ; East Anglian Railway Co. v. Eastern Counties Railway Co. 
 21 L. J. C. P. 23. See the case of an injunction restraining improvement 
 commissioners from applying moneys produced by rates to the promotion of 
 a bill in parliament for an extension of their district ; Attorney- General v. 
 West Eartlepool Improvement Commissioners, L. R. 10 Eq. 152 ; and 
 refusal of injunction to restrain application for private Acts; Steele v. 
 Metropolitan Railway Co., L. R. 2 Ch. 237; re London, Chatham and 
 Dover Railway Arrangement Act, L. R. 5 Ch. 671. See further Attorney- 
 General v. Guardians of Southampton, 18 L. J. Ch. 393 ; R. v. Worksop 
 Local Board of Health, 21 J. P. 451 ; Wilmer v. Mayor of Liverpool, 41 
 L. J. Q. B. 175; Attorney-General v. Compton, 1 Y. & Coll. 418; 
 Attorney-General v. Eastlake, 17 Jur. 801 ; Attorney- General v. Pearson, 
 10 Jur. 661. 
 
 See further as to costs of applications to parliament by public bodies 
 and payment of costs of legal proceedings out of rates, *&c., Roberts v. 
 Mayor of Sheffield, L. R. 6 Q. B. 652 ; Attorney- General v. West Hartlepool 
 Improvement Commissioners, L. R. 10 Eq. 152; Wilmer v. Mayor of 
 Liverpool, 41 L. J. Q. B. 175; Attorney-General \. Pearson, 10 Jur. 651 ; 
 R. v. Mayor of Warwick, 15 L. J. Q. B. 306 ; R. v. Mayor of Tamworth, 
 19 L. T. (N. s.) 433. 
 
 (a) This proviso is repealed by 21 & 22 Viet. c. 104, s. 25, post, and the 
 approval of the commissioners of works and previous sanction of parlia- 
 ment in the cases specified are no longer necessary. 
 
 (b) The Acts relating to the metropolitan commissioners of sewers were 
 *,Le Metroiolitf.n Sewers Act, 1848,11 & 12 Viet. c. 112, and the continuing
 
 18 & 19 VICT. c. 120, ss. 146148. 87 
 
 be enforced, levied, recovered, and proceeded for, and all administra- Section 146. 
 tive proceedings commenced previously to the commencement of 
 this Act shall and may be continued, proceeded with, and com- 
 pleted, the metropolitan board of works being, in reference to the 
 matters aforesaid, in all respects substituted in the place of the said 
 commissioners. 
 
 147. All rates made by the said commissioners previously to the Rates made by 
 commencement of this Act, or so much thereof as may not have been metropolitan 
 levied and paid, shall be levied by and paid to the metropolitan commissioners 
 board of works, and such board shall have the same rights and <* sewers to be 
 remedies in all respects in relation thereto as would have been had recoverable 
 and might have been exercised by the said commissioners; but all 
 
 such rates respectively shall, so far as circumstances admit, be 
 applied to the same purposes as the same would have been applic- 
 able to in case the powers of the said commissioners had continued 
 in force, and shall for the purposes of such application (where the 
 circumstances so require) be paid over by the metropolitan board of 
 works, or by their order, to the vestry or district board havmg the 
 management of the sewers in any parish or district under this Act, 
 or as such vestry or board may direct. 
 
 148. All property, matters, and things whatsoever vested in the Property 
 metropolitan commissioners of sewers, except such sewers as are vested in ine- 
 hereby vested in any vestry or district board, and except such tropolitan 
 sewers as are not within the limits of the parishes and places men- commissioners 
 tioned in the schedule to this Act, shall be vested in the metropolitan 
 
 and amending Acts, 12 & 13 Viet. c. 93, 14 & 15 Viet, c.75, 15 & 16 Viet, 
 c. 64, 16 & 17 Viet. c. 125, 17 & 18 Viet. c. 111. An Act was also passed 
 in 1855, 1 8 Viet. c. 30, giving certain special powers in relation to expendi- 
 ture on house drainage. All have now expired. The first of the above-named 
 Acts incorporated 23 Hen. 8, c. 5, with certain exceptions, but none of 
 those provisions are incorporated with the present Act, but the powers of 
 the board and vestries constituted by it are contained in substantive enact- 
 ments. The 182nd section, however, preserves to the metropolitan board 
 the powers conferred by the first of the above Acts in relation to improve- 
 ment rates. The limits of the metropolitan sewers commission very mate- 
 rially differed from those of the metropolis, as defined by the present Act. 
 See, as to the latter, interpretation of the word " metropolis," section 225. 
 The metropolitan commission of sewers which was issued under the power 
 contained in the 1st section of 11 & 12 Viet. c. 112, included the limits of 
 the commissions commonly known as those of Westminster and part of 
 Middlesex, the Holborn and Finsbnry, the Poplar and Blackwall, the Tower 
 Hamlets, Saint Katherine's, the Surrey and Kent, and the Greenwich. The 
 first metropolitan commission, issued in January, 1849, included within it, 
 under a provision contained in the 1st section of 11 & 12 Viet. c. 112, the 
 parts subject to the jurisdiction of the commissioners acting under 5 Geo. 
 4. c. 100, the Regent's Park, Regent Street, &c., issued in October, 1849, 
 and the second added to its other districts the parish of Chiswick. . 
 
 Those commissioners did not deal with the whole of the area comprised 
 within the foregoing limits, but confined the exercise of their power to 
 what was designated their "active jurisdiction," which was divided into 
 districts and levels, in conformity with the 34th and 35th sections of the 
 Act of 1848. 
 
 (c) See action brought by the metropolitan board to recover arrears of 
 rates due to the metropolitan commissioners of sewers, Metropolitan Board 
 of Works v. Vauxhall Bridge Co.. 26 L. J. Q. B. 253, and observations 
 in note to section 161.
 
 88 
 Sectitm 148. 
 
 of sewers (ex- 
 cept sewers 
 transferred to 
 vestries and 
 district 
 
 boards) trans- 
 ferred to the 
 metropolitan 
 board of 
 works. 
 
 Power to 
 beards and 
 vestries to 
 enter into 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 board of works ; and all persons who then owe any money to the 
 said commissioners of sewers, or to any person on behalf of such 
 commissioners, shall pay the same to the metropolitan board of 
 works, or as they may direct ; and all moneys then due and owing 
 by or recoverable from the said commissioners shall be paid by or 
 recoverable from the metropolitan board of works ; and all con- 
 tracts, agreements, bonds, covenants, and securities (a) theretofore 
 made or entered into with or in favour of or by the said commis- 
 sioners, and all contracts, agreements, bonds, covenants, and securi- 
 ties made or entered with or in favour of or by any former or other 
 commissioners, which under the said Act of the eleventh and 
 twelfth years of Her Majesty were to take effect in favour of, against, 
 and with reference to the said metropolitan commissioners of sewers, 
 and are now in force, shall take effect and may be proceeded on and 
 enforced, as near as circumstances admit, in favour of, by, against, 
 and with reference to the metropolitan board of works, as the same 
 would have taken effect and might have been proceeded on and 
 enforced in favour of, by, against, and with reference to the said 
 metropolitan commissioners of sewers if this Act had not been 
 passed, and the powers of such commissioners had continued in full 
 force (6), and any retiring pension or allowance granted under section 
 twenty-seven of the said Act of the eleventh and twelfth years of 
 Her Majesty shall continue payable on the like terms by the said 
 metropolitan board of works (c). 
 
 Auxiliary Powers common to the Metropolitan Board of Works and to 
 Vestries and District Boards. 
 
 149. The metropolitan board of works, and every district board 
 and vestry, may enter into all such contracts as they may think 
 necessary for carrying this Act into execution ; and every such con- 
 tract for works (d) or materials whereof the value or amount exceeds- 
 
 (a) See special provision for payment of mortgages, &c., of metropolitan 
 board, section 181, post. 
 
 (b) The metropolitan board were held liable to pay compensation for 
 damage from sewerage works executed under the metropolitan commis- 
 sions of sewers, though no claim was made during the existence of those 
 commissions or till several years afterwards ; re Arbitration of Pettiivard 
 v. Metropolitan Board of Works, 34 L. .T. C. P. 301. 
 
 (c) The provision referred to authorized the commissioners to order the 
 payment of the pension or allowance on such terms and out of such funds 
 under their disposal as they thought fit. See 213th section of the present 
 Act, as to retiring pensions to officers of metropolitan commissioners not 
 continued in office by metropolitan board, &c., and the Superannuation 
 Allowances to Officers of Boards and Vestries Act, 1866, post appendix, 
 empowering the metropolitan and district boards and vestries to award com- 
 pensation to officers. 
 
 (d) Under the 85th section of the repealed statute 11 & 12 Viet. c. 63 
 (Public Health Act, 1848), in which the language was very similar to that 
 used in the present provision, it was decided that the section was not merely 
 directory but created a condition, and that a contract by a local board by 
 resolution not under seal was void ; Frend \. Dennett, 27 L. J. C. P. 
 314 ; 4 Jur. (N.S.) 897. The general rule is, that all contracts by a corpo- 
 ration must be under their common seal, subject to certain exceptions in 
 the case of contracts of a comparatively unimportant character, such as 
 hiring a cook, or appointing a bailiff. Further exceptions to the rule have 
 been introduced in the case of contracts by trading corporations for carrying 
 on their trade, for works or services incidental and necessary to the pur-
 
 18 & 19 VICT. c. 120, s. 149. 89 
 
 .10 shall be in writing or print, or partly in writing and partly in. Section 149. 
 print, sealed with the seal of the board or vestry ; and every contract ~~ 
 
 so entered into, and duly executed by the other parties thereto, shall contracts to: 
 
 be binding on the board or vestry and their successors, and upon all arrviI JS 
 other parties thereto : Provided always, that it shall be lawful for 
 any such board or vestry to compound with any contractor or other 
 
 poses of the corporation, contracts which from their nature cannot be under 
 seal, contracts of urgency, &c. See South of Ireland Colliery Company v. 
 Waddle, L. R. 4 C. P. 617, and Renter v. Electric Telegraph Company, 
 26 L. J. Q. B. 46. It is, however, difficult to apply those rules with 
 certainty, nor is it quite practicable to reconcile the decisions of the courts 
 upon the subject. Most of the authorities were reviewed in the following 
 cases -.Mayor of Ludloio v. Charlton, 6 M. & W. 815 ; Smart v. West Ham 
 Union, 24 L. J. Ex. 201 ; and see cases in Equity, Kirk v. Bromley Union, 
 2 Ph. 640 ; and Crampton v. Varna Railway Company, L. R. 7 Ch. 562 ; 
 Paine v. Strand Union, 8 Q. B. 326; Homersham v. Wolverhamp- 
 ton Water Works Company, 6 Ex. 137; Kirk v. Sromley Union, 12 
 Jur. 85 ; Lamprell v. Ouardians of Billericay, 18 L. J. Ex. 282 ; 
 London Dock Company v. Sinnott, 8 Ell. and B. 347. Those authorities 
 show that by the absence of a seal a contract is invalidated. See also Ernest 
 v. Nicholls, 6 H. L. Ca. 40; Austin v. Guardians of Bethnal Green, 
 L. R. 9 C. P. 91 ; and Mayor of Kidderminster v. Hardwick, L. R. 9 
 Ex. 13. In the following cases the contracts were held binding notwith- 
 standing they were not under seal ; Sanders v. Guardians of St. Neat's 
 Union, 8 Q. B. 810; Clarke \. Guardians of Cuckfield Union, 21 L. J. 
 Q. B. 349; Haigh v. Guardians of North Brierley Union, 28 L. J. 
 Q. B. 62; Nicholson v. Bradfield Union, L. R. 1 Q. B. 620; South 
 of Ireland Colliery Company v. Waddle, supra; Wells v. Mayor of 
 King ston-upon- Hull, L. R. 10 C. P. 402 ; and Goodyear v. Mayor of 
 Weymouth, 35 L. J. C. P. 12. Where the defendants, a local board of health 
 and urban authority under the Public Health Act, 1875, verbally directed 
 their surveyor to employ plaintiff to prepare plans for new offices, and the 
 plans were prepared and approved by the defendant, but there was no con- 
 tract under seal, nor any ratification under seal of the acts of the surveyor, 
 nor any resolution of the board authorizing the preparation of the plans, 
 the contract could not be enforced ; Hunt v. Wimbledon Local Board of 
 Health, L. R. 3 C. P. D. 208. 
 
 Where a local board entered into a contract for works not under seal, 
 but without obtaining an estimate from their surveyor, as required by the 
 85th section of the Public Health Act, 1875, it was decided that the pro- 
 vision was only directory, and the contract binding; Nowell v. Mayor 
 of Worcester, 9 Ex. 457; and see Cunningham v. Local Board of 
 Health of Wolverhampton, 7 Ell. & Bl. 107; Sudlow v. Worthington r 
 2 B. & S. 508. 
 
 A municipal corporation held not liable for the costs of opposing a bill 
 in Parliament, where the solicitor's retainer was not under seal ; Sutton v. 
 Spectacle Makers' Company, 3 Cox Mag. Ca. 28. 
 
 Where the seal of a company acting under the Commissioners' Clauses Act, 
 1845, was affixed to a contract without lawful authority, no liability was 
 incurred ; IfArcy v. Tamar, fyc., Railway Company, L. R. 2 Ex. 158. 
 
 See circumstances amounting to evidence of the personal liability of the 
 chairman of a local board of health for works executed by a contractor not 
 included in his contract with the board ; Mountstephen v. Lakeman, 36 
 J. P. 261. 
 
 In an action by a contractor on a contract with a municipal corporation 
 it was decided that there was no implied contract by the defendants that 
 the plans were practicable, and that the plaintiff's only remedy was to pro- 
 ceed for the extra expenses; Thorn \.Lord Mayor of London, L. R. 9 Ex. 
 163 ; 10 Ex. 112. In a contract for works, including alterations, it was 
 held that no condition was implied that the alterations might reason-
 
 90 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 149. person in respect of any penalty incurred by reason of the non- 
 performance ot any contract entered into as aforesaid, whether such 
 penalty be mentioned in any such contract or in any bond or other- 
 wise, for such sum of money or other recompense as to the board or 
 vestry may seem proper. 
 
 Power to 
 compound for 
 penalties in 
 respect of 
 breach of 
 contracts. 
 
 ably be completed within the time ; Jones v. St. John's College, Oxford, 
 40 L. J. Q. B. 80; and see Cox \. Midland Counties Railway Company, 
 3 Ex. 270. As to penalties for non-completion of contract within 
 the stipulated time, see Duckworth v. Alison, 1 M. & W. 412; Holme 
 v. Guppy, 3 M. & W. 387 ; M'Intosh v. Midland Counties Railway, 
 14 M. & W. 548 ; and see Thornhill v. Neate, 2 L. T. (N.S.) 539. Refer 
 to Exparte Capper, L. K. 4, Ch. D. (C. A.) 724, where the contract pro- 
 vided for payment of a sum as liquidated damages in case of the non-com- 
 pletion of the works within the time limited, and it was held on the facts 
 that the sum was in the nature of a penalty. See a suit by a party to 
 whom the contractor had assigned his contract, and who completed the 
 works, Aspinall v. London and North Western Railway Company, 11 
 Hare, 325; and where the works were finished by the administrator of the 
 contractor after his death; Crosthwaite v. Gardner, 21 L. J. Q. B. 
 356. Where a contract empowered a company after notice to take posses- 
 sion of the plant, and they acted on the notice, no relief could be obtained 
 in equity; Ranger v. Great Western Railway Company, 5 H. L. Ca. 
 72 ; and as to the form of such a notice, see Pauling v. Mayor of Dover, 
 24 L. J. Ex. 128. See as to the effect of bankruptcy of contractor on 
 right of employer to take possession of the plant, Rouch v. Great Western 
 Railway Company, 4 P. & D. 686 ; Hawthorn v. Newcastle Railway Com,' 
 pany, 3 Q. B. 734* n. See in Re Winter, Ex parte Bolland, L. R. W. N. 
 1878, p. 67 ; Dimes v. Grand Junction Canal, 3 H. L. Ca. 759. In the 
 case of Walker v. London and North Western Railway Company, L. R. 1 
 C. P. D. 518, it was decided, on the construction of a contract for building 
 a dock, &c., that the right of insisting upon a forfeiture of material and 
 implements could only be exercised within the time originally limited for 
 "the completion of the works ; Roberts v. Bury Improvement Commissioners, 
 distinguished, L. R. 4 C. P. 755. Engineers' certificates held not written 
 orders within a building contract, requiring written orders for alterations 
 or additions ; Tharsis Sulphur and Copper Company v. M'Elroy, L. R. 
 3 App. Ca. : H. L. (Pt. 2) 1040. As to the sufficiency of certificate, see 
 Pashby v. Mayor of Birmingham, 18 C. B. 2. And where under a similar 
 contract the engineer's certificate was withheld, but it was found not to be 
 fraudulently withheld, relief in equity was refused; Scott v. Corporation of 
 Liverpool, 28 L. J. Ch. 230. A statement of claim by a contractor 
 that the defendant, an architect, in refusing a certificate, was acting not 
 bond fide, but in collusion with a building owner, was held to show a good 
 cause of action ; Ludbrook v. Barrett, 42 J. P. 23. See also Scott 
 v. Aoery, 25 L. J. Ex. 30; Livingston v. Ralli, 24 L. J. Q. B. ; 
 Blackburn v. Smaith, 2 Ex. 183. As to action against a surety where there 
 have been deviations from the contract, see Ware v. Calvert, 7 A. & E. 
 143 ; and refer to General Steam Navigation Company v. Rolt, 6 C. B. 
 (K.S.) 550; Woodcock v. Oxford and Worcester Railway Company, 1 Dr. 
 521. See implied covenant by vestry to employ a contractor during the 
 time stipulated in contract ; Hornsby v. Vestry of St. Lukes, Chelsea, 2 
 L. T. (N.s.) 176. Where a party had tendered for works to an incor- 
 porated company, which tender was accepted by them, but not under 
 seal, and no further contract was executed, it was held that the company 
 could not maintain an action against the party making the tender, as the 
 company did not bring themselves within any of the exceptions to the 
 general rule that a corporation aggregate can only be bound by contracts 
 under the seal of the corporation; London Dock Company v. Sinnott, 27 
 L. J. Q. B. 129 ; 8 Ell. and Bl. 347.
 
 18 & 19 VICT. c. 120, ss. 150, 151. 91 
 
 150. It shall be lawful for the metropolitan board of works and Section 150. 
 every district board and vestry to purchase, or to take on lease for 
 such term as they may think fit, any land, or any right or ease- 
 ment in or over any land which they may deem necessary or expedient 
 for the formation or protection of any works which they are authorized 
 to execute under this Act, also any offices and other buildings, yards, 
 stations, or places for deposit of refuse, materials, and things, or any f or tl ' ie 
 land for the erection and formation of such offices and other buildings, purposes of 
 yards, stations, or places, for deposit ; and also to contract for the pur- this Act. 
 chase, removal, or abatement of any mill-dam, pound, weir, bank, wall, 
 lock, or other obstruction to the flow of water, whereby sewerage or 
 drainage is interrupted or impeded, and for the purchase of any land, 
 or any right or easement in or over any land, which it may be neces- 
 sary or expedient to purchase to prevent the obstruction of sewerage 
 or drainage ; and also to purchase or take on lease as aforesaid the 
 whole or any part of any streams or springs of water, or any rights 
 therein, which it appears to them necessary to acquire and use for 
 the purposes of cleansing sewers and drains, and the other purposes 
 of this Act, or any land which is deemed by them advisable to pur- 
 chase or take on lease for the purpose of drawing or obtaining water 
 from springs, or by sinking of wells, and for making and providing 
 reservoirs, tanks, aqueducts, watercourses, and other works, or for 
 any other purpose connected with the works for obtaining such 
 supply of water as aforesaid : Provided always, that nothing herein 
 contained shall authorize the said metropolitan board, or any district 
 board or vestry, to use or permit to be used any such works for the 
 purpose of carrying water by supply pipes into any house or factory 
 for domestic (a), manufacturing, or commercial purposes. 
 
 151. For the purpose of enabling the said metropolitan board, and Certain pro- 
 every district board and vestry, to obtain any land, or any right or visions of 
 easement (b) in or over any land, which they respectively may 8 & 9 y ict - 
 require for the purposes of this Act, " The Lands Clauses Consoli- c - 18 > incorpo- 
 dation Act, 1845, except the provisions of that Act with respect to T ^ eA wit1 ' 
 the recovery of forfeitures, penalties, and costs, shall, subject to the this Acfc - 
 provisions herein contained, be incorporated with this Act ; and the 
 provisions of the said Act so incorporated with this Act which would 
 be applicable in the case of a purchase of any land, shall be applicable 
 in the case of a purchase of a right or easement in or over any land ; 
 
 (a) As to what use of water is included in the expression " domestic 
 use," see Busby v. Chesterfield Water and Gas Company, 27 L. J. 
 M. C. 174. It was decided that the New River Company was not bound to 
 supply water for flushing sewers during the three hottest months of the year 
 at fixed prices, according to their local Act, instead of at rates to be agreed 
 on as provided by the 37th section of the Waterworks Clauses Consolidation 
 Act; Metropolitan Board of Works v. New Ewer Company, 41 J. P. 790. 
 
 As to effect of the want of the necessary statutory powers for the supply 
 of water, see Southward and Vauxhall Waterworks Company v. Vestry of 
 Richmond. L. R. 3 Ch. D. 82. As to what amounts to a sufficient excuse 
 for not supplying water refer to Campbell \. East London Waterworks 
 Company, 36 J. P. 711 ; and proceedings by Local Board of Health under 
 Public Health Act, 1848, to recover expense of supply of water to a house 
 from the owner; Cabellero v. Lewis, 39 J. P. 615. 
 
 (b) The word " land " in the Lands Clauses Act does not include an ease- 
 ment ; Pinchin v. London and Blackball Railway Company, 24, L. J. 
 Ch. 417.
 
 92 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 151. and for the purposes of this Act the expression " the promoters of the 
 undertaking," wherever used in the said Lands Clauses Consolidation 
 Act, shall mean the metropolitan board, or the district board or 
 vestry, acting under the provisions of the said Act and this A ct, as 
 the case may be. 
 
 Lands not to 152. Provided always, that the provisions of the said Lands Clauses 
 be taken Consolidation Act, " with respect to the purchase and taking of lands 
 
 compulsorily otherwise than by agreement" (a), shall not be incorporated with this 
 
 (a) The compulsory powers for purchasing and taking land given by 
 this Act, and by the Main Drainage Act, 21 & 22 Viet. c. 104, made 
 applicable to all works under that Act, and to certain works authorized 
 by the Metropolis Management Amendment Act, 1862, and the Lands 
 Clauses Consolidation Acts are, with certain specified exceptions, incorpo- 
 rated with the Thames Embankment Act, 1862, and similar powers are 
 conferred upon the board by special Acts for the formation of new streets, 
 parks, and other public improvements, and for various other purposes. 
 
 The powers for improving and regulating streets, and for the suppression 
 of nuisances, given by 57 Geo. 3, c. 29, are by the 73rd section of the 
 Metropolis Management Amendment Act, 1862, extended and made applic- 
 able to the metropolis, the effect of which is to confer upon ve*tries and 
 district boards the compulsory power of purchase given by the 80th section 
 of the former Act. 
 
 The decisions relative to compensation for damage to land, and pro- 
 ceedings injuriously affecting laud, are referred to in the notes to section 
 135, ante. 
 
 Where a metropolitan vestry gave notice to treat for the purchase of pre- 
 mises required to improve a street, it was held that the fact that they were a 
 public body did not exempt them from the obligation imposed by the 
 notice, and that such notice was binding ; Birch v. Vestry of Marylebone ; 
 5 Cox Mag. Ca. 629 ; and see R. v. Commissioners of Woods, Sfc., 17 L. J. 
 Q. B. 341. 
 
 The making a tunnel under a building is a taking of part of the build- 
 ing ; Ramsden v. Manchester, Sfc., Railway Company, 1 Ex. 723 ; and as to 
 the " taking and using " a stream within 85th section of Lands Clauses 
 Act and Waterworks Clauses Act, see Bush v. Trowbridge Waterworks 
 Company, 44 L. J. Ch. 235, 645 ; and refer to Stone v. Mayor of Yeovil, 45 
 L. J. C. P. 657; Ferrand v. Corporation of Bradford, 20 Jur. (N.S.) 175. 
 
 Where the metropolitan board under the Thames Embankment Act 
 filled up a portion of the river bed, depriving the owner of access to the 
 river, it was decided that they were not taking any right or easement in 
 lands, but that the owner's rights were only injuriously affected, giving- 
 a title to compensation ; Macey v. Metropolitan Board of Works, 33 L. J. 
 Ch. 377. So also where the land was only required for a temporary purpose, 
 it was decided not to be a taking or using making it obligatory to comply 
 with section 84 of the Lands Clauses Consolidation Act ; Temple Pier Com- 
 pany v. Metropolitan Board of Works, 34 L. J. Ch. 262; and see 
 Ferrar v. Commissioners of Seioers of London, 38 L. J. Ex. 17 ; Ex. 
 Ch. 102. 
 
 A notice to treat is in general binding; R. v. Hungerford Market 
 Company, 4 B. & Ad. 327 ; Morgan v. Metropolitan Railway Company, 
 L. R. 3C. P. 553; 4 C. P. (Ex. Ch.) 97; Birch v. Vestry of St. Mary- 
 lebone, 5 Cox Mag. Ca. 629 ; Steele v. Corporation of Liverpool, 7 B. & S. 
 261 ; Fatherly \. Metropolitan Railway Company, L. R. 2 C. P. 188. 
 But where the Commissioners of Woods, &c., gave a notice to treat under 
 the Battersea Park Act, it was held that as they were acting in a public 
 capacity on behalf of the executive government, the notice did not consti- 
 tute a quasi contract enforceable by mandamus ; R. v. Commissioners of 
 Woods, $c., 19 L. J. Q. B. 497. 
 
 Fee further as to effect of a notice to treat, Grierson v. Cheshire Lines
 
 18 & 19 VICT. c. 120, ss. 152, 158. 93 
 
 Act save for enabling the metropolitan board of works to take land or g ec tion 152 
 
 any right or easement in or over land, for the purpose of making any ' 
 
 sewers or works for preventing the sewage or any part of the sewage except by 
 
 within the metropolis from passing into the Thames in or near the metropolitan 
 
 metropolis, or otherwise for the purpose of the sewerage or drainage board with 
 
 of the metropolis: Provided also, that no land, or right or easement consent of 
 
 in or over land, for the purposes aforesaid, shall be taken compul- Secretary of 
 
 sorily by the said board, without the previous consent in writing of State, 
 one of Her Majesty's principal secretaries of state. 
 
 153. The metropolitan board of works, before applying for the Previous 
 
 consent of the secretary of state for taking land, or any right or ease- notice to be 
 
 ment in or over land, compulsorily, as aforesaid, shall publish once given (6). 
 at least in each of four consecutive weeks, in one of the daily 
 
 Committee, L. R, 19 Eq. 83 ; Watts v. Watts, L. R. 17 Eq. 217 ; Guest v. 
 Poole, $c., Railway Company, L. R. 5 C. P. 553 ; Ystalyfera Iron Company 
 v. Neath, $c., Railway Company, L. R. 17 Eq. 142. 
 
 Where a company has compulsory power of taking land, the subsequent 
 fixing of compensation and purchase money constitute a binding contract 
 for sale and purchase; Mason v. Stokes Bay Pier Company, 32 L. J. 
 Ch. 110. 
 
 Acts giving to a corporation compulsory power for the purpose of effect- 
 ing public improvements, are not to be construed in the same strict manner 
 as Acts giving like power to any body of adventurers, such, for example, as 
 a railway company ; Galloway v. Corporation of London, 1 H. L. 34 ; and 
 as to what are lauds taken " for the purposes of the Act," Ibid., and see 
 Quintan v. Corporation of Bristol, L. R. 17 Eq. 524. As to what lands 
 are required to be taken, see Governors of St. Thomas's Hospital v. 
 Charing Cross Railway Company, 30 L. J. Ch. 395 ; Thomas v. Daw, 
 L. R. 2 Ch. 1 ; and what is not part of a manufactory within section 92 of 
 Lands Clauses Consolidation Act; Reddin v. Metropolitan Board of 
 Works, 31 L. J. Ch. 660, and refer to Richards v. Swansea Improvement 
 Company, L. R. 9, Ch. D. 425. 
 
 (b) The course directed by this section is substituted for that prescribed 
 by the 18th and subsequent sections of the Lands Clauses Consolidation 
 Act, 8 & 9 Viet. c. 18, with respect to the service of notices on owners and 
 occupiers. The rules as to the sufficiency of notice under the latter Act 
 requiring an accurate statement of the situation and quantities of the lands 
 and the correctness of the plans will be applicable. See Sims v. Commer- 
 cial Railway Company, 1 Railway Ca. 431 ; and Kemp v. London and 
 Brighton Railway Company, 1 Railway Ca. 495. A provisional order of 
 the secretary of state, which is not valid till confirmed by Act of parlia- 
 ment, is not removable by cer/iorari ; Frewin v. Local Board of Health of 
 Hastings, 3 Cox Mag. Ca. 279. 
 
 Where the rights of the lord of the manor in respect of a common, had 
 been conveyed to a company under the Lands Clauses Consolidation Act, 
 but the compensation to the commissioners had not been settled in manner 
 provided by the Act : Held, that any person whose right of common had 
 been disturbed by the works of the company might maintain an action ; 
 Stoneham v. London, Brighton and South Coast Railway Co., 41 L. J. 
 Q. B. 1. 
 
 The occupiers of copyhold and freehold land, within'the manor of Hack- 
 ney, were held to have no claim to compensation as against the freeholders 
 and copyholders either by custom or prescription ; Austin v. Amherst, L. R. 
 W. N. (1877), p. 270. 
 
 An interest in property created by an agreement entered into by the 
 owner after a notice to treat has been served on him is not a subject for 
 compensation under the Lands Clauses Act; Re Marylebone Improvement 
 Act, Exparte Edwards, L. R. 12 Eq. 389. 
 
 A landowner building on land after notice, cannot, under section 92 of the
 
 94 METBOPOLIS LOCAL MANAGEMENT. 
 
 Section 153. newspapers published in the metropolis, an advertisement describing 
 the nature of the works in respect of which the land, right, or 
 easement, is proposed to be taken, naming a place where a plan of 
 the proposed works is open for inspection at all reasonable hours, 
 and stating the quantity of land or the particulars of the right or 
 easement that they require for the purpose of such works, and shall 
 
 Lands Clauses Act compel a company to purchase the house as well as the 
 land; Littlerv.Rhyl Improvement Commissioners, L. R.W.N. (1878) p. 219. 
 
 Where land is subject to restrictions as in the case of consecrated ground, 
 it cannot be valued as if applied to secular purposes ; Stebbing v. Metro- 
 politan Board of Works, L. R. 6 Q. B. 37. 
 
 A quarterly tenant at three months' notice has no right to compensation 
 under section 18 of Lands Clauses Consolidation Act; Syers v. Metro- 
 politan, Board of Works, 10 Cox Mag. Ca. 588. See principle for estimating 
 value in case of tenant for life and reversioner in a term of years ; Penny 
 v. Penny, L. R. 5 Eq. 227. See also Ee Metti's Estate, L. R. 7 Eq. 72. 
 
 Where the actual interest of a tenant is less than a year, though the 
 original term was longer, his compensation must be assessed before justices, 
 and if he proceeds to arbitration, the award is void ; B. v. Great Northern 
 Railway Co., 41 J. P. 197; and see Tyson v. Lord Mayor, S(c., of Lon- 
 don, 41 J. P. C. P. 6. 
 
 The jury cannot determine a question of right, but only as to the 
 amount of compensation ; He Hayne 13 W. R. 492 ; Brandon v. Brandon, 
 34 L. J. Ch. 333; nor whether lands have been injuriously affected; Hor- 
 rocks v. Metropolitan Railway Co., 4 B. & S. 315 ; 10 Jur. (N.S.) 204. 
 See Read v. Victoria and Pimlico Railway Co., 32 L. J. Ex. 167 ; R. v. 
 Metropolitan Railway Co., 32 L. J. Q. B. 367 ; Mortimer v. South Wales 
 Railway Co., 28 L. J. Q. B. 129 ; R. v. Metropolitan Commissioners of 
 Sewers 22 L. J. Q. B. 234 ; Barber v. Orantham Railway Co. 33 L. J. C. 
 P. 193. 
 
 Where the umpire in an arbitration under the Lands Clauses Consolida- 
 tion Act made his award in the form of a special case for the opinion of a 
 superior court, it was held that he had no legal power to do so ; Rhodes v. 
 Airsdale Drainage Commissioners, L. R. 9 C. P. 508. 
 
 Where after the amount of compensation for premises taken by the metro- 
 politan board compulsorily had been determined by an umpire, and the 
 abstract of title had been accepted, the premises were burned down, it was 
 decided that the vendor was entitled to receive the amount of the assurance 
 from the company; Collingridge v. Royal Exchange Assurance Co., 42 
 J. P. 118. 
 
 Several claimants under the City Improvements Act, 1847, were held 
 entitled to have their claims assessed separately ; Abrahams v. Lord Mayor 
 of London, L. R. 6 Eq. 625. See Cranwell v. Lord Mayor of London, L. R. 
 5 Ex.(Ex. Ch.) 284; and Starr v. Lord Mayor of London,~L. R. 7 Eq. 136. 
 
 A notice to treat under Lands Clauses Consolidation Act is not a contract 
 which requires to be stamped as an agreement ; Rawlins v. Metropolitan 
 Railway Co., 37 L. J. Ch. 824. 
 
 A notice to treat under section 18 of the same Act is not equivalent to a 
 demand of possession under section 121 ; R. v. Stone, L. R. 1 Q. B. 529. 
 
 A railway company can only take advantage of the powers of entering on 
 lands under the 85th section of the Act, where the necessity is such as to 
 preclude them from following the slower mode of proceeding applicable to 
 ordinary cases ; Field v. Carnarvon Railway Co., 37 L. J. Ch. 176 ; L. R. 
 5 Eq. 190; and as to what is included in a bond given under sections 63 
 and 85 of Lands Clauses Consolidation Act ; in re Neath, Sec., Railwav 
 Co., L. R. 9 Ch. 263. 
 
 Where a company enter on land under section 85, they cannot compel the 
 owner to produce his title; Martin v. London Chatham, Sfc., Railway Co., 
 17 L. T. (N.s.)487. 
 
 Where money was paid in under a bond under the Act, an affidavit by the
 
 18 & 19 VICT. c. 120, ss. 153, 154. 95 
 
 serve a notice on the owners or reputed owners, lessees or reputed Section 153. 
 lessees, and occupiers of the land intended to be taken, or of the 
 land in or over which such right or easement is intended to be taken, 
 such service to be made four weeks previously to the application to 
 such secretary of state, and such notice shall state the particulars of 
 the land, right, or easement so required, and that the metropolitan 
 board are willing to treat for the purchase thereof, and as to the com- 
 pensation to be made for the damage that may be sustained by reason 
 of the proposed works. 
 
 154. The metropolitan board of works, and any district board or p ow er to 
 vestry, may sell and dispose of 'any land purchased by them under dispose of 
 this Act, and any property whatsoever vested in them under this Act, lands or 
 which it may appear to them may be properly sold or disposed of ; property not 
 and for completing and carrying any such sale of any land into effect wanted (a). 
 such board may make and execute a conveyance of the land sold and 
 disposed of as aforesaid unto the purchaser, or as he shall direct, and 
 such conveyance shall be under the seal of the said board or vestry ; 
 and the word" grant" in such conveyance shall have the same opera- 
 tion as by the said Lands Clauses Consolidation Act, 1845, is given to 
 the same word in a conveyance of lands made by the promoters of 
 the undertaking ; and a receipt under the seal of the said board or 
 vestry shall be a sufficient discharge to the purchaser of any such 
 land or any other such property as aforesaid for the purchase money 
 in such receipt expressed to be received ; and the money arising from 
 such sale of any land purchased under this Act, and (except as here- 
 inafter otherwise provided) of any such property, shall be applied in 
 aid of the rate out of which the expenses of the purchase of such land 
 or providing such property have been or are authorized to be defrayed 
 under this Act ; and the money arising from the sale of any property- 
 vested in any such board or vestry under this Act, and which, before 
 becoming so vested was vested in any commissioners or other body, 
 
 tnistees verifying the title was held sufficient; Se Softy's Trust, L.R. W. N. 
 (1877), p. 212. See Ee Halsey, L. R. W. N. 1870), p. 68. As to course 
 to be taken where there were adverse claimants to money paid into court ; 
 Metropolitan Board of Works v. Sant, 38 L. J. Ch. 7; and as to invest- 
 ment of purchase money paid into court, see Re Treacher's Settlement, 5 
 Cox Mag. Ca. 
 
 The conservators of the Thames, in whom the bed and foreshore of the 
 river are vested by Act of parliament, were held entitled to compensation 
 for the portion of the river and foreshore on which were built the piers and 
 abutments of the bridge ; Conservators of Thames v.. Victoria Station, &c., 
 Railway Co., L. R. 4 C. P. 59. 
 
 Section 1 of Lands Clauses Act, 1869, only applies to arbitration pro- 
 ceedings under the Lands Clauses Act, 1845, simply, and not to arbitra- 
 tions which embrace matters which could not be a subject of arbitration under 
 the Act of 1845, except by agreement; Doulton v. Metropolitan Board of 
 Works, L. R. 5 Q. B. 333. See case of Binney v. Metropolitan Board of 
 Works, mentioned in note (o), p. 269, of Eyre Lloyd's Law of Compensa- 
 tion, 4th ed., to the effect that the claimant could not, under section 225 of 
 this Act, have a jury where the premises were only injuriously affected, if 
 the metropolitan board objected. 
 
 (a) This power is not subject to the restrictions placed upon the aliena- 
 tion of corporate property by municipal corporations by 5 & 6 Will. 4, c. 76. 
 s. 94, and 8 Viet. c. 18 (Lands Clauses Act), s. 15. See Arnold on Muni- 
 cipal Corporations, 2nd ed., p. 29, and section 175 of Public Health Act, 
 1875, as to the purchase and sale of lands by local authorities under that 
 Act. The special Acts obtained by the metropolitan board contain expres* 
 provisions with respect to the sale of land, &c.
 
 96 
 Section 154. 
 
 Owners of 
 land may on 
 sale reserve a 
 right of pre- 
 emption. 
 
 Penalty for 
 withholding 
 property 
 transferred 
 to metropo- 
 litan board 
 or any vestry 
 or district 
 board. 
 
 Regulations 
 as to break- 
 ing up 
 turnpike 
 roads (c). 
 
 METEOPOLIS LOCAL MANAGEMENT. 
 
 or in any officer of any commissioners or other body, or in any sur- 
 veyor of highways, shall be applied in or towards the discharge of 
 any debts or liabilities for the discharge whereof rates are by this 
 Act authorized to be raised in the parish, or part, to the commis- 
 sioners or other body for the management of the paving, lighting, or 
 cleansing whereof such property may have belonged before the com- 
 mencement of this Act, and, subject as aforesaid, shall be applied in 
 aid of such rate to be raised under this Act in such parish or part as 
 to the board or vestry disposing of such property may seem just ; and 
 any such board or vestry may let any land purchased by or vested 
 in them under this Act, and which for the time being is not required 
 for the purposes thereof, in such manner and on such terms as such 
 board or vestry may see fit. 
 
 155. Provided always, that where any land or any right or ease- 
 ment in or over land is purchased by the said metropolitan board, or 
 any district board or vestry, under this Act, it shall be lawful for the 
 owners of or parties entitled to sell or convey such land, right or 
 easement to reserve upon the sale thereof to such board or vestry in 
 and by the conveyance such right of pre-emption to the person for 
 the time being entitled to the land if any) from which the land so 
 purchased was severed, or in or over which such right or easement is 
 granted, as is provided by sections 128, 129, and 130 of the said Lands 
 Clauses Consolidation Act (a); but, except where such right of pre- 
 emption is so reserved, there shall be no such right, notwithstanding 
 the incorporation of the said Land Clauses Consolidation Act with 
 this Act 
 
 156. In case any person having the charge, control, or possession 
 of any property, matters, or things vested in the metropolitan board 
 of works, or the vestry of any parish, or any district board, by or 
 under the Act, neglect or refuse to give up the same, on demand, to 
 such board or vestry, or such person as they respectively may order, 
 every person so offending shall, upon being convicted thereof before 
 any two justices of the peace, for every such offence forfeit and pay, 
 over and above the value of the property not given up, such sum not 
 exceeding 5, as the said justices may think fit (b). 
 
 157. The metropolitan board of works, and any vestry or 
 district board, may, where necessary for the purpose of executing 
 any work authorized by this Act, open and break up any turnpike 
 road, under and subject to the restrictions and provisions hereinaftei 
 
 purpose of executing 
 r turnpike 
 lereinafter 
 
 contained ; that is to say, seven days' previous notice, with a full 
 description of any intended works, shall be left at the office of the 
 commissioners or trustees of the road ; and, except by the permission 
 of the said commissioners or trustees, the traffic of the road shall not 
 at one time be stopped or hindered along more than half of its width, 
 nor, if the half left open be of less than the clear width of fourteen 
 
 (a) See the Act, post, Appendix. 
 
 (b) As to recovery of penalty, see section 227, post. In B. v. Just, of 
 Norfolk, 4 B. & Ad. 238, it was held to be discretionary with the justices 
 whether they would or would not commit an overseer for failing to account ; 
 and see Meyer \. Harding, referred to in note to section 65, ante. 
 
 (c) This section is repealed by 25 & 26 Viet. c. 102, s. 33, post, which 
 modifies the regulations for breaking up turnpike roads. See section 244, 
 saving rights of commissioners of turnpike roads.
 
 18 & 19 VICT. c. 120, ss. 157, 158. 97 
 
 feet, along more than one hundred yards in length ; and no altera- Section 157. 
 tion shall, except by such permission as aforesaid, be made in the 
 inclination of any part of the road of more than one foot in sixty 
 feet ; and all work shall be done under the superintendence of the 
 surveyor of the said commissioners or trustees ; and the party doing 
 the works shall cause all openings in the road to be effectually 
 secured and fenced, and affix and maintain lights during the night 
 near to the place where the ground is open, so as to prevent accidents ; 
 and the said commissioners or trustees are hereby absolved from all 
 liability in respect of any accident arising in consequence of such 
 works ; and the party doing the works shall restore every road so 
 opened or broken up to its original state as to surface and materials, 
 and, in order to meet the future expenses consequent on the subsi- 
 dence of materials newly filled in, shall pay to such commissioners or 
 trustees, on demand, such sum as they shall require for such purpose, 
 not exceeding Is. for every superficial square yard, and, so far as the 
 works affect the same, shall make good all drainage, paving of water 
 channels, kerbs of footpaths, and other matters and things connected 
 with the maintenance of the road ; and in default the surveyor of the 
 said commissioners or trustees may cause the necessary work to be 
 done ; and in all cases of expense incurred by any such surveyor, on 
 the default of the party doing the works, such party shall pay such 
 expense to the commissioners or trustees, on demand. 
 
 Provisions for defraying Expenses of Vestries and District Boards. 
 
 158. Every vestry and district board shall, from time to time, by How sums to 
 order xinder their seal, require the overseers (e) of their parish, or of be raised b*y 
 the several parishes in their district, to levy and to pay over to the vestries and 
 treasurer of such vestry or board, or into any bank in such order district 
 mentioned, and within the time or times thereby limited, the sums boards for 
 which such vestry or board may require for defraying the expenses of defraying 
 the execution of this Act (/) (and such orders may be made wholly *^ eir . 
 or in part in respect of expenses already incurred or of expenses to be ex P enses W> 
 thereafter incurred) ; and every such vestry and board shall distin- 
 guish in their orders sums required for defraying expenses of con- 
 structing, altering, maintaining, and cleansing the sewers or other- 
 wise connected with sewerage, and also, where the Act of the 
 session holden in the third and fourth years of King William the 
 
 (d) Where parishes have been united into a district under this Act, the 
 expense of keeping the pavements in repair, and every other expense of 
 cleansing and lighting, should be charged on each parish according to its 
 rateable value ; The Overseers of the Poor of St. Soiolph Without, Aldgate 
 v. The Board of Works for the Whitechapel District, 29 L. J. M. C. 
 228. 
 
 (e) By the 250th section the term "overseers" includes any persons 
 authorized to make and collect, or cause to be collected, the rate for the 
 relief of the poor in any parish. See Christie v. Guardians of St. Luke's, 
 Chelsea, cited in note to section 161. 
 
 (/) By the Metropolitan Board of Works (Loans) Act, 1869, s. 24, it is 
 enacted that when any vestry or district board require to raise any sum for 
 the purpose of satisfying or replacing any sum expended in satisfying any 
 precept of the metropolitan board, for the purposes of the consolidated rate, 
 such vestry or district board shall distinguish in their order the sum to be 
 levied for that purpose, and the sum (if any) required for other purposes of 
 such vestry and district board. See the Act, post, Appendix. 
 H
 
 98 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 158. Fourth, chapter ninety, or any other Act by virtue whereof land is 
 rated in respect of expenses of lighting at a less amount in proportion 
 to the annual value thereof than houses, or is wholly exempted from 
 being rated in respect of such expenses, is in force in any parish, or 
 any part of any parish, at the time of the passing of this Act, distin- 
 guish, as regards such parish, or part, the sums required for defraying 
 expenses of lighting their parish or district (a) from sums required for 
 defraying other expenses of executing this Act ; but every such vestry 
 and board may cause to be raised as expenses connected with sewer- 
 age such portion of the expenses incident to the conduct of their 
 business in relation to sewerage, in common with the conduct of 
 their other business under this Act, as to such vestry or board may 
 seem just : and the overseers or collectors, in the receipts to be given 
 for the sums levied or collected by them, shall distinguish the rate 
 in the pound required for sewerage expenses, and the rate required 
 for the other expenses of this Act. 
 
 Vestries and 159. Where it appears to any vestry or district board that all or 
 
 boards may any part of the expenses for defraying which any sum is by such 
 exempt parts vestry or board ordered to be levied as aforesaid have or has been 
 not benefited incurred for the special benefit of any particular part of their parish 
 by expend!- or district, or otherwise have or has not been incurred for the equal 
 ture from benefit of the whole of their parish or district, such vestry or board 
 
 payment (t). may, by any such order, direct the sum or sums necessary for defray- 
 ing such expenses or any part thereof to be levied in such part, or 
 exempt any part of such parish or district from the levy, or require a 
 
 (a) This requires the making of a lighting rate over the whole parish; 
 Overseers of the Parish of St. James, Westminster, v. Overseers of the 
 Parish of St. Mary, Battersea, 29 L. J. M. C. 26. 
 
 (6) In Howell v. The London Dock Company, 27 L. J. M. C. 177, it 
 was held under this section that if part of the property of the London 
 Dock Company had not equal benefit with the other property in the parish 
 rated to the poor from paving expenses, the company were entitled to be 
 relieved in respect of that part ; and that the company were exempt 
 from being rated in respect of profits not immediately connected with the 
 use of any paved streets. In R. v. The Great Western Railway Company, 
 28 L. J. M. C, 59, Erie, J., objected to this decision being cited as 
 an authority, and see Overseers of St. Botolph v. Whitechapel District 
 Board, 29 L. J. M. C. 228, cited in note to section 158, ante. Where 
 a district board have come to a decision that a party is not entitled to 
 exemption, the court will not interfere ; West Middlesex Water Company 
 v. Wandsworth District Board, 22 J. P. 336. See as to maintenance of 
 river wall, Plumstead Board of Works v. the Commissioners of Sewers, 
 Lombard's Wall, ftc., cited in note to section 70, ante. It is believed that 
 the last-named board have issued their order to the overseers of the poor to 
 levy and pay over to the credit of the board the sum required for defraying 
 the expenses of cleansing and maintaining the sewers in the low lying or 
 marsh lands of their parish, it being alleged that such expenses had been 
 incurred lor the special benefit of the part of their parish known as P. 
 Marshes. Orders have also been made under this enactment by the Green- 
 wich District Board on the overseers of the parish of Greenwich for pay- 
 ment of sums expended by the board in repairing the wall of the Thames 
 protecting the marsh lands, requiring them to raise the same by a rate on 
 the owner and occupier of the lands and premises defined in the order. As 
 to what expenses incurred by a drainage board under 24 & 25 Viet. c. 153, 
 are properly the subject of a general rate and not of a special rate on 
 owners, refer to Qriffitfis v. Longdon, fyc., Drainage Board, 41 J. P. 
 25.
 
 18 & 19 VICT. c. 120, ss. 159161. 99 
 
 less rate to be levied thereon, as the circumstances of the case may Section 159. 
 
 require ; and any such "board may refrain, where any entire parish 
 
 ought in their judgment to be so exempt, from issuing an order for 
 
 levying any money thereon, notwithstanding they may issue an 
 
 order or orders for levying sums upon any other parish or parishes in 
 
 their district. 
 
 160. "Where part of any parish is placed for all or any of the pur- Provisions 
 poses of this Act under the management of the vestry or district f r cases 
 board of an adjoining parish or district (c), the sums which such where a part 
 vestry or board may require for defraying the expenses of executing ? a P 8 -" 8 ! 1 
 this Act by such vestry or board in the part so placed under their 1S 1^ 
 management shall be from time to time paid, upon their orders, by ^ in er f , 
 the vestry of the parish whereof such part is so placed under the O f j m 
 management of such other vestry or board, or if such parish is com- ves try or 
 prised in a district formed by this Act then by the district board of ^^ O f 
 such district ; and such sums shall be raised by the vestry or board adjoining 
 upon whom such orders are made in like manner as if the expenses parish or 
 
 in respect whereof the same are required had been incurred by them district, 
 in executing this Act. 
 
 161. The overseers of the poor of every parish to whom any such Overseers 
 order as aforesaid is issued, shall levy the amount mentioned therein * collect 
 according to the exigency thereof, and shall for that purpose make the rate 
 separate equal pound rates (d) upon their parish, or the part thereof ir 
 
 upon which any sum specified in such order is required to be levied, manner as 
 in respect of each sum thereby ordered to be levied ; that is to say, , e po 
 
 a separate rate in respect of each sum ordered to be levied for defray- ' 
 ing expenses connected with sewerage, to be called a sewers rate (e) ; 
 
 (c) That is under the provision contained in section 140. If the vestry 
 on which an order is made under this section make an order for contribution 
 on another vestry, and the order is good on the face of it, the court will not 
 enter into the propriety of the assessment, but will order a peremptory 
 mandamus ; R. v. Strand District Board, 4 B. & S. 526 ; and it is no 
 answer to the mandamus that the order of the vestry was for payment of 
 expenses incurred before the date of the order of the metropolitan board, or 
 that it was for more than was due, and the only mode of contesting the 
 assessment is said to be before the auditor under section 195 of this Act 
 and the 38th section of the Metropolis Management Amendment Act, 
 1862. 
 
 (d) Under this Act no rate except the lighting and sewers rate need be 
 kept distinct from the general rate, and all property must be rated to the 
 general rate on the same scale as the poor rate in the parish, without any 
 reference to differential scales of rating prescribed by a local Act ; R. v. 
 The Great Western Railway Company, 28 L. J. M. C. 59. 
 
 (e) In Christie v. The Guardians of the Poor of St. Luke, Chelsea, 27 
 L. J. M. C. 153, ic was held that a rate made by the guardians of 
 the poor pursuant to the order of the vestry, to whom a precept had been 
 issued by the Metropolitan Board of Works, requiring them to pay to the 
 treasurer of the board a sum for defraying the expenses of the board was 
 good, though it did not set out the precept or the order of the vestry. 
 There is a right of appeal against such a rate; Empson \. Metropolitan 
 Board of Works, 25 J. P. 677. 
 
 The sewers rate ordered to be raised by this section is to be levied on the 
 persons, and in respect of the property by law rateable to the relief of the 
 poor in the respective parishes; and it is to be assessed upou the net 
 annual value of such property, ascertained by the rate for the time being 
 for the relief of the poor; subject, however, to the partial exemption 
 2H
 
 100 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 161. a separate rate in respect of each sum ordered to be levied for defray- 
 ing expenses of lighting (where a separate sum is ordered to be 
 
 levied for defraying such expenses), to be called a lighting rate ; and 
 a separate rate in respect of e/tch sum ordered to be levied for defray- 
 ing other expenses of executing this Act, to be called a general rate ; 
 and shall make such respective rates of such amount in the pound on 
 the annual value of the property rateable as will in their judgment, 
 
 created by the 163rd section, providing that particular descriptions of land 
 should be rated only in the proportion of one-fourth, and to the exemptions, 
 reductions, or allowances pointed out by the 164th section. It is likewise 
 subject to the exemptions from the poor rate applicable to property of cer- 
 tain descriptions, or occupied in a particular manner created by express 
 statutes, such as property occupied by .scientific or literary societies, 
 6 & 7 Viet. c. 36, 3 & 4 Will. 4, c. 30, as to churches and chapels, 32 & 33 
 Viet. c. 40, as to Ragged and Sundays Schools and others. See Lumley's 
 Commentary on the Parochial Assessment Act, 4th edition. And further, 
 it is governed by the peculiar provisions which may exist in particular 
 parishes under local Acts in relation to poor rates. 
 
 The 32 & 33 Viet. c. 67, Valuation (Metropolis) Act, 1869, which extends 
 only to unions and parishes not in union which are for the time being either 
 wholly or for the greater part in value thereof respectively situate within 
 the jurisdiction of the Metropolitan Board of Works, by section 77, schedule 
 5, repeals various sections of the Union Assessment Committee Act, 1862, 
 and makes the valuation list for the time being conclusive evidence of the 
 gross value, and of the rateable value of the several hereditaments included 
 therein, and of the fact that all the hereditaments required to be inserted 
 therein have been so included for the purpose of any of the following rates 
 which are made during the year that the list is in force ; namely, the 
 county rate, the metropolitan police rate, the church rate, the highway rate, 
 the poor rate, the police, sewers, consolidated, and other rates in the city of 
 London, the sewers, lighting, general, and other rates levied by order of dis- 
 trict boards or vestries, the main drainage improvement and other rates, and 
 sums assessed on any part of the metropolis by the Metropolitan Board of 
 Works, assessments for contributions under the Metropolitan Poor Act, 
 1867, and every other rate, assessment, and contribution levied, made, and 
 required in the metropolis on the basis of value. As to church rates see 
 Act for " Abolition ot Compulsory Church Rates" in note to section 1 of 
 19 & 20 Viet. c. 112, post. 
 
 The rule laid down in the text books and established by a long current of 
 authorities has been that all persons whose property derives benefit from 
 the sewers of the commissioners, or other body, are liable to be assessed to 
 the sewers rate in respect of that property. See Anselm v. Barnard, 2 Keb. 
 675; R. v. Wright, 2 Keb. 42; Masters v. Scroggs, 3 M. & S. 447; 
 Stafford v. Hamston, 2 B. & B. 691 ; JK. v. Commissioners of Seioers for 
 the Tower Hamlets, 9 B. & C. 517 ; St. Katharine Dock Company v. 
 Higgs, 14 L. J. Q. B. 348, affirmed in error, 16 L. J. Q. B. 377 ; Soady 
 v. Wilson, 3 A. & E. 248. The last case is a leading authority on the sub- 
 ject, and see reference to that decision and observations in the judgment of 
 the court upon the case of the Metropolitan Board of Works v. The Vaux- 
 hall Bridge Company, 26 L. J. Q. B. 253, in the note to section 164, infra. 
 See also Serjt. Woolrych, Law of Sewers, p. 66, and Dorling v. Epsom Local 
 Board of Health, 24 L. J. M. C. 152 ; 5 E. & B. 471. 
 
 All objections against a rate good on the face of it (except for such 
 defects as make the rate a nullity, as where a person is rated in respect of 
 land not in his occupation; Milward v. Coffin, 2 W. Bl. 1330; and see 
 observations of Crompton, J., in Luton Local Board of Health v. Dames, 
 29 L. J. M. C. 173), must be taken by way of appeal; Empson v. 
 Metropolitan Board of Works, 25 J. P. 677 ; Churchwardens of Bir- 
 mingham v. Shaw, 10 Q. B. 868; 18 L. J. M. C. 89; Luton Local
 
 18 & 19 VICT. c. 120, s. 161. 101 
 
 having regard to all circumstances, be sufficient to raise the sums Section 161. 
 
 specified in such order ; and such rates shall be levied on the persons 
 
 and in respect of the property by law rateable to the relief of the 
 poor in the respective parishes (a), and shall be assessed upon the net 
 annual value of such property ascertained by the rate for the time 
 
 Board of Health v. Davies, supra, even where the rate was made, not by 
 the overseers but by individuals appointed by the metropolitan board, under 
 section 68, on the default of a district board ; Empson v. Metropolitan 
 Board of Works, supra. Therefore an objection that the property derives 
 no benefit ; R. v. Newman, 29 L. J. M. C. 117, or that the rate was 
 made for an illegal purpose under Public Health Act, 11 & 12 Viet. c. 63 ; 
 Luton Local Board of Health v. Davis, supra, or that it was assessed upon 
 an erroneous principle ; Metropolitan Board of Works v. Vauxhall Bridge 
 Company, 26 L. J. Q. B. 253, can only be taken on appeal ; and if a party 
 wishes to object that he was neither owner nor occupier of the premises 
 rated he must appear and object to the issuing of a distress warrant ; R. v. 
 Tompkins, 31 J. P. 470. A tenement in the King's dockyard, which 
 derived benefit from the sewers, occupied by a government ofllcer who paid 
 no rent, was held liable to berated; Netherton v. Ward, 3 B. & Al. 21; but 
 not property in the personal occupation of the sovereign, as Kensington 
 Palace; Attorney- General v. Donaldson, 10 M. & W. 117. Arrears of 
 poor rates may be levied by others than the immediate successors of those 
 who made the rate ; Overseers of East Dean v. Everett, 25 J. P. 565. A 
 magistrate has no jurisdiction on the hearing of a complaint for non-pay- 
 ment of a sewer rate, to state a case under 20 & 21 Viet. c. 43 ; Reg. \. 
 Newman, supra, and in R. v. Justices of Gloucestershire, 2 E. & E. 420, the 
 justices were held justified in refusing to state a case on the hearing of a 
 summons for non-payment of a sewers rate made under a local Act incor- 
 porating the Public Health Act, 1848. The limitation of six months pro- 
 vided by Jervis 1 Act, 11 & 12 Viet. c. 43, s. 11, does not apply to a proceed- 
 ing for enforcing a rate under a local Act by the mere issuing of a distress 
 warrant ;; Sweetman v. Guest, L. R. 3 Q. B. 262. Qucere whether the 
 proceeding constituted "an exercise of summary jurisdiction" so as to 
 enable the justices to state a case under 20 & 21 Viet. c. 43, Ibid. By the 
 Public Health Act, 1875, s. 256, in proceedings for recovery of rates under 
 that Act, the magistrate is to make an order for payment, and in default of 
 compliance to issue a warrant. 
 
 (a) This directs the vestry to guide itself by the rate for the relief of the 
 poor in each parish, without reference to any distinction in a local Act, and 
 no property should be separately assessed or exempt unless it be so within, 
 the poor rate for the parish ; R. v. Great Western Railway Company, 28 
 L. J. M. C. 59 ; Howell v. London Dock Company, 27 L. J. M. C. 177, 
 contra, was objected to as an authority by Erie, J., in R. v. Great 
 Western Railway Company, supra. By 32 & 33 Viet. c. 41, s. 20, the 
 words "poor rate" are defined to extend in the metropolis to every rate 
 made by the overseers {i.e., every authority that makes an assessment 
 for the poor rate), and chargeable upon the same property as the poor rate. 
 The metropolitan board are not rateable to the poor or general rate in 
 respect of land occupied by their sewers, but they are so in respect of land 
 and buildings occupied in connection with their sewers and which have an 
 occupation value; R. v. Metropolitan Board of Works, 38 L. J. M. C. 24; 
 and see Metropolitan Board of Works v. West Ham, L. R. 6 Q. B. 193, 
 where it was decided that the sewers within an embankment were not rate- 
 able to the poor rate as not the subject of beneficial occupation, but that the 
 rest of their property, i.e., pumping station, &c., was rateable, .and it made 
 no difference that the embankment was above ground. 
 
 A tramway company under the Tramways Act, 1870 (33 & 34 Viet. c. 78) 
 were held liable to the poor rate in respect of their occupation of the road 
 by their tramway ; Pimlico, <fyc., Tramway Company v. Greenwich Union, 
 L. R. 9 Q. B. 9. See as to non-liability to poor rates of the Commissioners
 
 102 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 161. being for the relief of the poor (a) ; and the said overseers shall, for 
 the purpose of levying such rates, proceed in the same manner, and 
 have the same powers, remedies, and privileges, as for levying money 
 for the relief of the poor ; and all such rates shall be allowed in the 
 same manner, and be subject to all the same provisions in relation to 
 appeal and to excusing persons from payment on account of poverty 
 and otherwise, as the rate for the relief of the poor in the same 
 parish ; and such overseers shall pay (V) to the treasurer of the 
 vestry or board, or otherwise as in such order directed, the amount 
 mentioned in the order, within the time or respective times specified 
 for that purpose, and the excess, if any, which may have been levied 
 beyond such amount, which excess shall be placed to the credit of 
 the parish or part in which the same has been levied ; and the said 
 overseers shall at the time of making any such payment deliver with 
 the money a note in writing signed by them, specifying the amount 
 so paid, which note shall be kept as a voucher for the receipt of that 
 particular amount ; and the receipt of the treasurer of the vestry or 
 board, or of any proper officer or person of or belonging to any bank 
 into which such money is so paid, specifying the amoiint paid to him 
 by the overseers, shall be a sufficient discharge to the overseers for 
 such amount. 
 
 Public build- 162. Provided always, that all such hospitals, public schools, and 
 
 ings and void ot k er public buildings, dead walls, and void spaces of ground as are 
 
 spaces now now ^ v j aw ra t e able to any rate for the costs and charges of paving 
 
 ateab e (ex- Qr re p a j r j I1 g t\ ie pavements within any parochial or other district, 
 
 n P d burial either se P aratelv or jointly with any other object or objects, (except 
 
 * ounds} to on ty pl aces f religious worship, and burial grounds, or places which 
 
 continue rate- have been used for burial grounds, and are not used for any other 
 
 able. " purpose,) shall be rateable under this Act to the like extent and for 
 
 the like objects or purposes as they may now be rated, and the rates 
 
 to be made in respect of such objects or purposes shall be payable by 
 
 the persons now liable to pay the same, and be recoverable in like 
 
 manner, as any rate to which such buildings and spaces of ground 
 
 are now rateable as aforesaid in respect of the like objects or pur- 
 
 of Woods and Forests in respect of part of a bridge and approaches situate 
 in a parish, their only occupation being as servants of the Queen acting for 
 and on behalf of the Queen; E. v. M'Cann, 37 L. J. M. C. 25, Ex. Ch. 123. 
 In Strattonv. Metropolitan Board of Works, L. R. 10 C. P. 76; 44 L. 
 J. M. C. 53, the vestry of Lambeth were held entitled to recover in a lump 
 sum the aggregate amount owing for several years in respect of the defi- 
 ciency in poor rates, which the board were required to make good under the 
 Thames Embankment Acts and Lands Clauses Consolidation Act. In 
 Wheeler v. Metropolitan Board of Works, L. E. 4 Ex. 303, the metro- 
 politan board were decided to be promoters within section 133 of Lands, 
 Clauses Consolidation Act, 1845, and liable in an action in respect of a defi- 
 ciency in the poor rates during the construction of their works. See also 
 East London Railway Company v. WJiitchurcli, L. R. 7 Ex. 248, Ex. Ch. 
 424 ; 7 H. L. 81, overruling R. v. Metropolitan District Railway Company 
 L. R. 6 Q. B. 698. 
 
 (a) Of which the valuation list for the time being is made conclusive 
 evidence. See reference to the Valuation (Metropolis) Act, 1869, in note 
 to section 161, ante. 
 
 (b) See section 14 of 25 & 26 Viet. c. 102, post, enforcing payment and 
 accounting by overseers, annexing penalties in case of default, and as to 
 appointment of paid collectors.
 
 18 & 19 VICT. o. 120, s. 163, 164. 103 
 
 163. Provided also, that any sewers rate raised under this Act Section 163. 
 
 shall, as regards all land used as arable, meadow, or pasture ground jT~L 
 
 only, or as woodland, orchard, market garden, hop, herb, flower, ^ n *7 ; ?? 
 
 fruit, or nursery ground, be assessed and levied in the proportion of ri 
 one fourth part only of the net annual value of such land. 
 
 164. Provided also, that where any property was at the time of 
 the issuing of the first commission under the said Act of the eleventh . 
 and twelfth years of Her Majesty, chapter one hundred and twelve, ^ xist . m g - 
 entitled to exemption (e) from or to any reduction or allowance in ^L^f m 
 
 _ sewers rate to 
 ~ be allowed (d). 
 
 (c) This proviso is taken from the 15 & 16 Viet. c. 64,, 8. 1, " An Act to 
 continue and amend the Metropolitan Sewers Act, 1848," and was not con- 
 tained in the original Metropolitan Sewers Act, 11 & 12 Vic. c. 112. The 
 provision was based on the 88th section of 11 & 12 Vic. c. 63. (Public 
 Health Act, 1848.) 
 
 (d) See note to previous section. 
 
 (e) In considering the application of this provision it is necessary to 
 refer to the proviso to the 76th section of the 11 & 12 Vic. c. 112, the 
 Metropolitan Sewers Act, 1848, to the effect that where any property was 
 by law, or by the practice of the existing commission or commissioners of 
 sewers, entitled to exemption, wholly or partially, from or to any reduction 
 or allowance in respect of the sewers rate, the commissioners should in 
 making the district sewers rate observe and allow such exemption, reduc- 
 tion, or allowance. The title to exemption, wholly or partially, was by 
 law or by the practice of the existing commissioners. The exemptions from 
 sewers rates existing by the general law are stated by Callis, pp. 222, 223, 
 and see Serjeant Woolrych Law of Sewers, p. 85, 3rd edition. The 
 records of the former commissions present a few examples of property, which 
 by reason of the obligation of the owners to do works of repair, cleansing, 
 &c., were exempted from the ordinary levies. In March, 1850, a rate of 
 the metropolitan commissioners of sewers was successfully appealed against 
 by an inhabitant of High-street, Poplar, on the ground that he, in common 
 with the other owners and occupiers of messuages and lands in that locality, 
 had by reason of their tenure been bound to cleanse and scour the Poplar 
 ditch, and by the court minutes of the Poplar commission it appears that 
 in the case of Some v. Farmer, tried before Lord Tenterden in the year 
 1826, the jury found that such an exemption existed. Exemptions on 
 similar and other grounds appear to have prevailed under the Greenwich and 
 other commissions. The practice with regard to rating tithe and tithe rent- 
 charge varied under the former sewers commissions, it being wholly exempted 
 in some cases and assessed at a lower rate in others. The case of J2. v. Good- 
 child and, Lamb, 27 L. J. M. C. 238, 251, is an authority to show that 
 tithe commutation rent-charge was not rateable in the parish of Hackney, it 
 being within the exception in this section because it had been the practice 
 of the commission within the limits of which this parish was situate, 
 to exempt tithes from sewers rate. The same case would seem to be an 
 authority that tithe rent-charge generally was not liable by law to contribute 
 to sewers rate. But that doctrine has not been universally acted on, for 
 tithe rent-charge is certainly assessed to those rates in some parts of the 
 metropolis, though undoubtedly there is a great diversity in this respect in 
 the various metropolitan districts. It may be that so far as concerns 
 parishes and districts which are situate within the limits of the former 
 sewers commissions the diversity may be dependent upon the particular 
 practice of those commissions. But this rule cannot apply generally, as 
 there are localities comprised within the limits of the metropolis as de- 
 nned by this act which were not included in the area of any of those com- 
 missions. 
 
 In Lusconib v. Local Board of Health for Plymouth, 27 L. J. M. C.
 
 104 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 164. respect of the sewers rate, such exemption, reduction, or allowance 
 
 299, it was held that under section 88, of the Public Health Act, 1848, 
 11 & 12 Viet. c. 63, property was entitled to exemption only in respect of 
 its kind and not in respect of its locality. The words of the Puhlic 
 Health Act, 1875, s. 211, are "the same kind of property." The cases on 
 this enactment show that they applied not to locality but to the nature of 
 the property ; see Taitev. Carlisle Local Board of Health, 2 E. & B. 492 ; 
 Chelmsford Union v. Chelmsford Local Board of Health, ibid p. 500; Lus- 
 comb v. Local Board of Health for Plymouth, 27 L. J. M. C. 299. But it 
 must he borne in mind that the words in the section of the Public Health Act 
 referred to are " any kind of property," whereas the present section uses the 
 expression " any property" only. The construction of this section and the 
 effect of the provision as to exemptions, &c., came under the consideration of 
 the Court of Queen's Bench in Imperial Gas Light Company v. Head and 
 Metropolitan Board of Works, 32 L. J. M. C. 115, which decided that the 
 old law of sewers must in general prevail, that if property be situate within 
 the area occupied by the sewers it must contribute without any reference 
 to the amount of the benefit derived, and if the property does not fall 
 within the classes mentioned in section 163, nor within any exemption or 
 reduction mentioned in this (the 164th) section, it must be assessed at its- 
 full value as ascertained by the poor rate for the time being. The question 
 was again considered in the Hammersmith Bridge Company v. Overseers 
 of Hammersmith, 48 L. J. M. C. 79 ; L. E. 6 Q. B. 230, where it was held 
 by the majority of the Court that under this section, which preserves the 
 former exemptions from sewers rate, the bridge was not property which 
 according to the old law of sewers was entitled to exemption ; for although 
 the bridge derived no direct or immediate benefit from the sewers, yet it 
 derived " the general benefit and advantage of being accessible, and of its 
 approaches and neighbouring public ways being properly drained and 
 cleansed," according to the rule laid down in Soidy v. Wilson, 3 Ad. & 
 Ell, 248, and was therefore now rateable j and Mr. Justice Blackburn, in 
 delivering the judgment of the majority of the court, says : " There are 
 expressions in the opinion given by Lord Campbell in Metropolitan Board 
 of Works v. Vauxhall Bridge Company, 26 L. J. Q. B. 253, that seem to 
 favour an idea that the amount of the assessment was to be proportionate 
 to the amount of the benefit derived by the particular property, but in the 
 Fulham Gas Company v. Metropolitan Board of Works, 32 L. J. M. C. 
 120, Crompton, J., who was a party to the Vauxhall Bridge case, explains- 
 that it was merely intended to express that if there was no benefit (by 
 which we understand no direct and immediate benefit) there was to be no- 
 rate ; but if there was any benefit, the amount of the rate was to depend 
 upon the poor law assessment. We are not to be understood as affirming 
 the principle laid down in the Vauxhall Bridge case even thus qualified, 
 or as determining that the principle of Darling v. The Epsom Local Board, 
 24 L. J. M. C. 152, is not applicable to a district within the Metropolis, 
 but we do not think it necessary in this case to decide the general ques- 
 tion." In the case of Pew v. Metropolitan Board of Works, 6 B. & S. 
 235, Mr. Justice Blackburn adopts the argument that the opinion in the 
 Vauxhall Bridge case had been given without sufficiently considering that 
 it throws on those imposing the rate the task of ascertaining what was the 
 separate benefit derived by every property within the district from the 
 works, a task which it would be quite impracticable for them to perform. 
 The case of Darling v. Epsom Local Board, referred to above, decided 
 that under the Public Health Act, 1848, the occupier of premises within a 
 district under a local board may be assessed to a special district rate whcre- 
 the premises derive no direct and immediate benefit from the works. 
 
 The Metropolis Management Acts Amendment Act, 1875, after reciting 
 this and the 163rd section, provides that from and after the 6th April, 1876, 
 the metropolitan board, in every assessment made by them upon such parts ot 
 the metropolis as contain property wholly or partially exempt from sewers.
 
 18 & 19 VICT. c. 120, s. 164, 165. 105 
 
 shall be observed and allowed in levying any sewers rates under this Section 164. 
 
 Act. 
 
 Existing ex- 
 
 165. Provided also, that in every parish or part of a parish in eruptions of 
 which at the time of the passing of this Act the Act of the session land from 
 holden in the third and fourth years of King William the Fourth, lighting rates 
 chapter ninety, is in force, the owners and occupiers of houses, to be allowed 
 buildings, and property other than land shall be rated to every ( a )- 
 lighting rate made under this Act at a rate in the pound three times 
 greater than that at which the owners and occupiers of land shall 
 be rated in such lighting rate ; and in every parish or part of a 
 parish in which under any other Act land is now rated in respect 
 of expenses of lighting at a less amount in proportion to the 
 annual value thereof than houses, or is now wholly exempted from 
 
 rate, and in the precepts issued for payment of the sums so assessed, shall 
 make an allowance or abatement equal to the exemptions which under 
 this and the previous section, are entitled to be made in any rate for 
 the purpose. By the 2nd section the overseers and assessment committees, 
 under the Valuation (Metropolis) Act, 1869, shall cause the totals of the 
 gross and rateable value of the property so wholly or partially exempt from 
 sewers rate, and the extent of such exemptions, to be ascertained and in- 
 serted in the valuation lists which will come into force on the 6th April, 
 1876, and in every valuation list which will come into force on the 6th 
 April, 1876, and in every valuation list which shall thereafter be made by 
 them. See Act post Appendix. 
 
 (a) In Reg. v. Vauxhall Waterworks Company, 6 E. & B. 1108, 3 Jur. 
 (jr. 8.) 411, the company were held to be rateable for their mains and 
 pipes under this section on the lower scale. In Peto and others v. the 
 parish of West Ham, 28 L. J. M. C. 240, it was held (dissentiente, 
 Erie, J.) that a wet dock or basin of ninety-five acres was properly ejusdem 
 generis with the houses and buildings mentioned in the Act, and that the 
 occupiers were rateable at the higher amount. This case was the subject 
 of discussion in R. v. Overseers of Neath, L. R. 6 Q. B. 707, where it was 
 decided that where the appellants had been assessed to the poor rate under the 
 33 section of 3 & 4 Will. 4, c. 90, in respect of a canal, towing path, &c.,'the 
 word " property " in the Act did not include a canal and towing path, that 
 the bridges and dry dock were accessories to the canal, and that the whole 
 ought to be rated as land. And a line of railway was held to be land within 
 the same enactment and rateable on the lower scale ; R. v. Midland Rail- 
 way Company, L. R. 10 Q. B. 389 ; Newport Dock Company v. Newport 
 Dock Local Board, 2 B. & S. 708. 
 
 See East London Waterworks Company v. Leyton Sewer Authorities, 40 
 L. J. M. C. 190. 
 
 See case stated on "Valuation (Metropolis) Act, 1869, as to the rateability 
 of land under Regent's Canal Act ; R. v. St. Pancras Assessment Committee, 
 42 J. P. 500. 
 
 Where an invalid lighting rate had been made under 3 & 4 Will. 4, c. 
 90, a fresh rate was held good though the first had not been quashed ; 
 3 Cox Mag. Ca. 536. 
 
 Before the passing of the Metropolis Local Management Act, the 
 East London Waterworks Company had been assessed to a lighting 
 rate under a local Act regulating the lighting of the hamlet of Mile 
 End Old Town, but on appeal, had been held by the court not to be 
 rateable to such rate, and the court of Queen's Bench decided that by 
 the terms of this section they were exempt from liability to be rated 
 under its provisions ; East London Waterworks Company v. The Overseers 
 of the 'Poor of the Hamlet of Mile End Old Town, 29 L. J. M. C. 
 66. Where part only of a parish was before this Act exempted, under the 
 3 & 4 Will. 4, c. 90, the other part is not entitled to this exemption, but 
 must ba assessed at the higher rate ; R. v. Fitch, 1 L. T. (N. s.) 327.
 
 106 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 165. being rated in respect of such expenses, such land shall continue to 
 be rated to every lighting rate made Tinder this Act at such less 
 amount, or, where such land is now wholly exempted as aforesaid, shall 
 be wholly exempted from such rate. 
 
 166. In case the amount ordered by any such order as aforesaid to 
 be paid by the overseers of any parish be not paid in manner directed 
 by such order and within the time therein specified for that purpose, 
 it shall be lawful for any justice of the peace, upon the complaint by 
 the vestry or board, or by any person authorized by them for this 
 purpose, 'to issue his warrant for levying the amount, or so much 
 thereof as may be in arrear, by distress and sale of the goods of all 
 or any of the said overseers ; and in case the goods of all the over- 
 seers be not sufficient to pay the same, the arrears thereof shall be 
 added to the amount of the next levy which shall be directed to be 
 made in such parish for the purposes of this Act, and shall be col- 
 lected by the like methods. 
 
 167. Where the vestry of any parish mentioned in schedule (A.) 
 to this Act make the rate for the relief of the poor in such parish, 
 such vestry shall from time to time raise and levy the sums required 
 for defraying their expenses of executing this Act in like manner as 
 overseers are required to do with respect to the sums for which 
 orders are made upon them by any vestry under this Act, and shall, 
 in raising such sums, act upon the like principles and have the like 
 discretion as any vestry making orders upon overseers under this 
 Act ; and where any parishes maintain their poor in common by 
 a common rate, the orders for levying any money by this Act 
 directed to be made on the overseers of such parishes shall be made 
 on the overseers by law authorized to levy such rate thereon, and 
 such sums shall be levied by such overseers, in manner provided by 
 this Act, as if such parishes were one parish. 
 
 168. Any vestry or district board may, in case of any default or 
 neglect of any overseers to pay the amount required by any such 
 order as aforesaid within the time and in the manner directed by 
 such order, and the said metropolitan board may, in case of any 
 default or neglect of any vestry or district board to pay the amount 
 required by any precept of the said metropolitan board within such 
 time and in such manner as may be therein mentioned, appoint per- 
 sons to levy any money required by such vestry or board for the 
 purposes of this Act in any parish or district, and such persons shall 
 proceed in the same manner, and have the same powers, remedies, 
 and privileges, and be subject to the same regulations and penalties, 
 with reference to the levying of such money, as any overseers would 
 have had or been subject to with reference to levying any such money 
 in pursuance of an order of the vestry or district board, or, where the 
 
 Overseers on 
 non-payment 
 of the rate 
 shall be dis- 
 trained upon ; 
 and in default 
 of sufficient 
 distress the 
 arrears may be 
 levied on the 
 parish. 
 
 Provision for 
 cases where 
 the vestry of 
 any parish in 
 schedule (A.) 
 make the poor 
 rate. 
 
 Special per- 
 sons may be 
 appointed to 
 levy rates in 
 certain cases 
 (a) 
 
 (a) The power to levy includes the power of making a rate, and 
 rate made by assessors appointed by the metropolitan board under this pro- 
 vision is good on the face of it, the ratepayer cannot, on the summons for 
 non-payment, insist that the board had no power to issue their precept, and 
 that the appointment of the assessors was invalid, as this is matter of 
 appeal only. The rate made by such assessors may be appealed against in 
 the same manner as a rate made by overseers under section 161. The 
 question of whether the rate has been duly published is one of fact, and if 
 there be any evidence to support the decision of the magistrate, the court 
 will not interfere ; Empson v. Metropolitan Board of Works; 25 J. P. 
 677 ; 3 L. T. (N. s.) 624.
 
 18 & 19 VICT. c. 120, ss. 168170. 107 
 
 same might be levied by the vestry under this Act, as such vestry Section 168. 
 would have had or been subject to with reference to levying the 
 same (6). 
 
 169. As between landlord and tenant, every tenant, whether his Provision for 
 tenancy have commenced before or after the passing of this Act, and deduction by 
 who if this Act had not been passed would have been entitled to te ; ot 
 deduct against or to be repaid by his landlord any sum paid by such sc 
 tenant on account of the sewers rate, shall in like manner be entitled 
 to deduct against or to be repaid by his landlord any sewers rate 
 levied on him under this Act. 
 
 Provisions for defraying Expenses of Metropolitan Board. 
 
 170 (d). The metropolitan board of works shall from time to Sums to be 
 
 time ascertain and assess upon the city of London and the other parts assessed upon 
 
 of the metropolis the sums which in their judgment ought to be the city and 
 
 charged upon the said city and such other parts respectively for other parts 
 
 defraying the expenses of the said board in the execution of this Act of the metro- 
 
 (e), having regard to the annual value of the property in the several P ous kj 
 
 parts of the metropolis, and having regard, in the case of expenditure metropolitan 
 
 on works of drainage, to the benefit (/) derived from siich expendi- boaru tor 
 
 penses. 
 
 (6) See the provisions in 21 & 22 Viet. c. 104, s. 15, post, as to the 
 making of rates by metropolitan board on default of vestries, &c., in pay- 
 ment of sums assessed for metropolis main drainage rate, and the 24th 
 section of the Metropolitan Board of Works (Loans) Act, 1869, as to collec- 
 tion of rates. 
 
 (c) The sewers rate is a landlord's tax, and in the absence of any agree- 
 ment binding the tenant to pay such rate, it maybe deducted from the rent. 
 A covenant to pay all rates includes sewers rates. See Waller v. Andreios, 
 3 M. & W. 312 ; Bennett v. Womack, 7 B. & C. 627. 
 
 By the Metropolitan Board of Works (Loans) Act, 1869, s. 23, where 
 any portion of the consolidated rate under this Act represents any rate 
 which for the purpose of any contract or otherwise is deemed to be a 
 landlord's or tenant's, such portion shall for those purposes be deemed to be 
 such landlord's or tenant's rate, as the case may be, and all rights as between 
 landlord and tenant in relation to the sums or rates assessed by the metro- 
 politan board are to be saved ; see Act, post, Appendix. 
 
 (d) This section was repealed by the 5th section of 25 & 26 Viet. c. 102, 
 post, which contained new provisions with respect to assessments by the 
 metropolitan board. The 21 & 22 Viet. c. 104, s. 10, et seq., provided for 
 assessments for the metropolis main drainage rate. See now the Metro- 
 politan Board of Works (Loans) Act, 1869, section 22, post, Appendix, 
 whereby the metropolitan board are required for the purposes mentioned, in 
 lieu of all rates or assessments authorized at the passing of the Act to be 
 assessed by them generally over the metropolis, to assess and raise a rate to 
 be called the metropolitan consolidated rate. See also note to 5th section 
 of Amendment Act, 1862, post, and the Act itself, post, Appendix. 
 
 (e) By the Thames Embankment Act, 1862, the expenses of repairing 
 the Thames embankment are to be paid out of moneys raised for defraying 
 the ordinary expenses of the board ; see section 22 ; and various other ex- 
 penses are by subsequent Acts directed to be defrayed in a similar manner. 
 The Metropolitan Gas Act, 1860, 23 & 24 Viet. c. 125, s. 6, directed that 
 the costs, &c., of, and incident to its passing, and preliminary thereto, 
 should be paid by the metropolitan board out of moneys to be levied by 
 them from the several vestries, &c. See Wyatt v. The. Metropolitan Board 
 of Works, 31 L. J. Q. B. 317. 
 
 (/) The Court of Queen's Bench refused to issue a certiorari to bring up 
 an order of assessment made under this section and the precept issued pur- 
 suant thereto, the ground of the application being that the parish on which
 
 108 METEOPOLIS LOCAL MANAGEMENT. 
 
 Section 170. ture by the several parts of the metropolis affected thereby ; and any 
 such sum may be so assessed wholly or in part in respect of expenses 
 already incurred or of expenses to be thereafter incurred ; and for 
 the purposes of such assessment the annual value of the property in 
 such several parts shall be estimated according to the estimate or 
 basis on which the county rate is assessed, or, where there is no such 
 county rate, according to a like estimate (a). 
 
 Power to 171- The clerk of the said metropolitan board, or any person 
 
 metropolitan authorized by the said board in this behalf, may from time to time 
 board or any inspect any rate made or to be made for any county any part of which 
 one authorized is within the metropolis ; and any basis or standard for the county 
 by them, to rate of any such county, and any returns concerning all or any of the 
 inspect rates parishes or places, whether parochial or extra-parochial, in the 
 made for metropolis, delivered or to be delivered in pursuance of any Act re- 
 
 county or part lating to county rates, and any rate made by the commissioners of 
 of county sewers of the city of London, and any valuation on which the same 
 
 within the j g ma( j e) an( \ ma y take copies or extracts from any such rates, basis 
 metropolis (6;. Qr standard, returns or valuation, without payment of any fee or 
 reward ; and if any person having the custody of any such rate, 
 basis or standard, return or valuation, wilfully neglect or refuse to 
 permit any such clerk or person authorized as aforesaid to inspect 
 the same, or to take copies or extracts of or from the same, at all 
 reasonable times, he shall forfeit for every such offence any sum not 
 exceeding ,10. 
 
 Payment to be 172. For obtaining payment of the sums so assessed upon the city 
 
 obtained from of London and the parishes mentioned in schedules (A.) and (B.) to 
 
 the city and this Act, the said board shall issue precepts under their seal, requiring 
 
 from parishes payment therof to their treasurer, or into any bank therein men- 
 
 by precepts tioned, within such time as may be therein limited, and every such 
 
 to the chain- precept for any sum assessed upon the city of London shall be 
 
 berlain of the directed to the chamberlain of the said city ; and every such precept 
 
 city and to for any sum assessed vipon any parish mentioned in schedule (A.) 
 
 vestries and to this Act shall be directed to the vestry thereof ; and every such 
 
 district boards p re cept for any sum assessed upon any district mentioned in schedule 
 
 ()' (B.) to this Act, or any parish comprised therein, shall be directed to 
 
 the board of works for such district ; and where any such sum is 
 
 assessed upon any part of any parish or district, the said metropolitan 
 
 board shall specify in their precept the part of such parish or district 
 
 upon which such sum is assessed. 
 
 the assessment was made derived no benefit from a part of the expenditure 
 included in it ; Exparte Vestry of St. Marylebone, 22 J. P. 799. 
 
 (a) By the Valuation (Metropolis) Act, 1869, the valuation list for the 
 time being is made conclusive evidence of the gross value and rateable 
 value for the purposes, amongst others, of the main drainage improvement 
 and other rates, or sums assessed in any part of the metropolis by the 
 metropolitan board. See reference to the Act in note to section 161, ante. 
 
 (b) By section 17 of 21 & 22 Viet. c. 1 04, post, the metropolitan board 
 might require to be furnished with copies of accounts, and the power to 
 demand copies of poor and other rates, &c., is given to the board as well as 
 to vestries and district boards by section 15 of 25 & 26 Viet. c. 102, post. 
 
 (c) By 25 & 26 Viet. c. 102, s. 13, post, assessments and precepts may 
 be amended. The Metropolitan Board of Works (Loans) Act, 1869, section 
 22, contains special provisions with respect to the precepts of the board for 
 the purposes of the consolidated rate ; and as to computations for estimates 
 and other matters, refer to the Act, post, Appendix. See as to form of 
 precepts now issued by the board, note to section 22 of Metropolitan Board
 
 18 & 19 VICT. c. 120, ss. 173175. 109 
 
 173. The chamberlain of the city of London shall, out of any Section 173. 
 
 moneys in the chamber of the said city, pay to the treasurer of the 
 
 metropolitan board of works, or otherwise as they may direct, the Payment of 
 
 sums required by their precepts, within such time as may be therein sums assessed 
 
 mentioned ; and all payments so made by the said chamberlain shall U P 011 tni 
 
 be charged by him against and reimbursed to him out of any rates 
 which the commissioners of sewers of the city of London are autho- 
 rized to direct to be made under any Act (d) relating to the sewerage 
 of the said city ; and such commissioners shall have full power to 
 raise every such sum by any such rate which they may be autho- 
 rized to direct to be made as aforesaid, or by any addition thereto. 
 
 174. All sums which any vestry or district board may be required Pa y ment by 
 to pay by such precepts as aforesaid shall be paid by such vestry and ^ T ? e f , 
 
 board respectively within such time as may be therein mentioned, f 
 
 , , -, 1 , i / \ > vi 'c j.v -i or sums 
 
 and shall be raised (e) in lake manner as it the same were required ag^g^d by 
 
 by the said vestry or board for defraying the expenses of such vestry metropolitan 
 
 or board in the execution of their powers and duties under this Act board, 
 in relation to the sewerage of their parish or district. 
 
 175. The sums which may be assessed from time to time upon any 
 
 place mentioned in schedule (C.) to this Act, or such part thereof as rovision ior 
 may not be comprised within any parish, or the city of London, shall assessing an 
 be raised by means of a rate to be made and levied as herein pro- . evvm ra * 
 vided ; that is to say, the said metropolitan board shall from time to ^ere'There j 3 
 time, by warrant under their seal, appoint a proper person to be an rate 
 
 assessor, for the purpose of assessing the full and fair annual value of /^\ 
 all property in every such place, or such part thereof as aforesaid, " 
 which, if the same were not extra-parochial, would be liable to be 
 rated to the relief of the poor, and rating the same to a rate to be 
 levied under this Act ; and such assessor shall, within forty days after 
 the delivery to him of the warrant of his appointment, make, sign, 
 
 of Works (Loans) Act, 1869. See reference to the Metropolis Management 
 Amendment Act, 1875, 38 & 39 Viet, c. 33, with respect to exemptions 
 referred to in note to section 142, ante; and refer to the Act, post, 
 Appendix. 
 
 (d) The rates made by the commissioners of sewers of the city of Lon- 
 don are made under 11 & 12 Viet. c. 163 (continued by 14 & 15 Viet. c. 91), 
 s. 168, et. seq. They are applicable to the purposes of constructing, alter- 
 ing, repairing and cleansing the sewers of the city. These must now mean 
 sewers other than those enumerated in schedule (D.) to this Act. 
 
 (e) See section 9 of 25 & 26 Viet. c. 102, post, authorizing vestries and 
 district boards to pay precepts out of moneys in their possession, and section 
 10 making it lawful for vestries to include in sewers rates sums they may 
 consider necessary to meet precepts received or to he received, and to make 
 separate rates for metropolis main drainage to meet precepts received or to 
 be received. See reference in note to section 158, ante, to Metropolitan 
 Board of Works (Loans) Act, 1869, section 24, directing vestries and district 
 boards, in their orders to overseers to pay over moneys to satisfy, &c., the 
 precepts of the metropolitan board for the purpose of the consolidated rate, 
 to distinguish such sums and those (if any) required for other purposes. 
 
 (/) This and the following sections, down to section 179 inclusive, are 
 virtually repealed by the 12th section of 25 & 26 Viet. c. 102, providing 
 for the assessments on these places, and the issuing of precepts to the bodies 
 having control or authority in them. See 20 Viet. c. 19, declaring that 
 extra-parochial places shall be deemed parishes for the purposes of the poor 
 and other rates.
 
 110 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Allowance to 
 
 Section 175. and return to the said board an assessment for the place named in such 
 warrant ; and the assessment shall be fairly written in a book, and 
 shall specify, in different columns, the names of the respective 'in- 
 habitants or occupiers of all messuages, lands, tenements, and here- 
 ditaments, the full and fair annual value of the same, and the 
 amount of rate charged on the inhabitants or occupiers thereof, and 
 when the premises are unoccupied, the full and lair annual value 
 thereof to let ; and every such assessor shall be allowed for his 
 trouble and expenses such remuneration as the said board may think 
 fit ; and the same shall be paid out of the amount of the rate which 
 shall be collected after such assessment; and the said rate to be levied 
 as aforesaid shall, for the purposes of the provisions of this Act re- 
 lating to exemption from and reduction or allowance in respect of 
 sewers rate, and relating to deduction and repayment of sums paid 
 on account of sewers rate, be deemed a sewers rate. 
 
 176. Provided always, that the places mentioned in schedule (C.) 
 to this Act which are not now under rating for sewers shall not be 
 liable to be rated under this Act, except for the purpose of their con- 
 tributing to the expense of carrying into effect any plan for prevent- 
 ing the sewage of the metropolis from flowing into the river Thames 
 in or near the metropolis, so far as such places respectively shall be 
 benefited. 
 
 Places in 
 schedule (C.) 
 not now under 
 rating for 
 sewers not to 
 be rated ex- 
 cept for inter- 
 cepting sewers 
 (a). 
 
 When assess- 
 ment is made, 
 notice thereof 
 to be given, 
 and all persons 
 included in 
 the assessment 
 to have liberty 
 to inspect it, 
 &c. 
 
 Penalty for 
 refusing in- 
 spection. 
 
 177. When such assessment has been allowed by the said board, 
 public notice of such assessment, and of the place where the same 
 may be inspected, shall be given by fixing such notice on the door of 
 the church or chapel or some other conspicuous part of the place to 
 which snch assessment relates, upon the Sunday next or next but 
 one after the same has been so allowed ; and any person in whose 
 custody such assessment may be shall permit every inhabitant or 
 owner or occupier of property included in such assessment to inspect 
 the same, and to make any extracts therefrom, without payment of 
 any fee or reward ; and if such person wilfully neglect or refuse to 
 permit any such inhabitant, owner, or occupier to inspect such 
 assessment or to make any extract therefrom, he shall, on conviction 
 thereof before any two justices of the peace, forfeit for every such 
 offence such sum, not exceeding 5, as the justices think meet. 
 
 As to the 178. The said board shall from time to time nominate one or more 
 
 collection of person or persons for levying the amount of rate charged in every 
 
 th ^ *"*| . such assessment, who shall proceed in the same manner, and shall 
 
 charged in have the same powers, remedies, and privileges, and be subject to the 
 
 (a) By the Metropolitan Board of Works (Loans) Act, 1869, section 25, 
 the places mentioned in schedule (C.) to this Act and every liberty, precinct, 
 and place in the metropolis shall be liable to the metropolitan consolidated 
 rate, except so far as they may be entitled under the General Improvement 
 Acts, to any exemption from any rate or assessment, or part of a rate ; and 
 for this purpose they shall be deemed to be respectively benefited by all 
 works executed (before or after the passing of the first-named Act) by the 
 board under the Metropolis Main Drainage Acts, and those works shall 
 be deemed works for carrying into effect a plan for preventing the sewage 
 of the metropolis from flowing into the Thames in or near the metropolis. 
 See Act, post, Appendix, and see Valuation (Metropolis) Act, 1869, referred 
 to in note (a) to section 170, supra, making the valuation list for the time 
 being in force, conclusive evidence of the gross and rateable value, for the 
 purposes of the rates, assessments, &c., specified.
 
 18 & 19 VICT. c. 120, ss. 178, 179. HI 
 
 same regulations and penalties, with reference to the levying of such Section 178. 
 
 rate, as if he or they were an overseer or overseers of the poor in a - 
 
 place rated to the relief of the poor, and shall pay over the amount s " 
 
 of such rate to the treasurer of the said board or otherwise as the assessment 
 
 said board may direct, or in default thereof shall be proceeded against 
 
 in the same manner as overseers are by this Act to be proceeded 
 
 against for non-payment. 
 
 179. Provided always, that if any person who has paid the amount Appea i 
 of rate charged upon him by the assessment made by an assessor a ga| ns t 
 appointed under this Act think himself aggrieved by such assessment, assessment, 
 on the ground that such assessment includes property for which he 
 is not rateable under this Act, or that it assesses his rateable property 
 beyond its full and fair annual value, or that any person is omitted 
 out of such assessment, or that the property of any person is assessed 
 below its full and fair annual value, the person so aggrieved may 
 appeal to the next court of general or quarter sessions for the county 
 or franchise in which the cause of appeal arises, not less than twenty- 
 one days after public notice of such assessment has been given as 
 hereinbefore mentioned ; provided that the person so intending to 
 appeal shall give to the said board a notice in writing of such appeal, 
 and of the cause and matter thereof, ten clear days at the least before 
 such sessions, and shall also, within three days after his notice of 
 appeal, enter into a recognizance before some justice of the peace of 
 the county or franchise, with two sufficient sureties, conditioned to 
 try such appeal at the said sessions, and to abide the order of the 
 court thereupon, and to pay such costs as shall be by the court 
 awarded ; and in case such person appeal on the ground that any 
 person is omitted out of the assessment, or that the property of any 
 person is assessed below its full and fair annual value, the party so 
 appealing shall not only give such notice of appeal to the said board, 
 and enter into such recognizance as aforesaid, but shall also give a 
 like notice of appeal to the person so interested in the event of such 
 appeal as aforesaid ; and the person so interested shall, if he desire 
 it, be heard upon the appeal ; and the justices of the peace at such 
 sessions or some adjournment thereof, upon due proof of the notice 
 having been given, and of the recognizance having been entered into 
 as aforesaid, shall hear and determine the matter of the appeal in a re ij eve ti lc 
 summary manner, and shall make such order therein, with or without appellant 
 costs to either party, as the said justices think proper ; and in case without altcr- 
 the said justices think the appellant entitled to relief, they shall i n g any other 
 order the assessment to be amended in such manner as may be part of it. 
 necessary for giving him relief, and shall also order any money paid 
 by him which he was not liable to pay to be returned to him ; and 
 in case he have appealed on the ground that any person is omitted 
 out of the assessment, the said justices may order the name of such 
 person to be inserted in the assessment, and to be therein rated at 
 such amount as they deem just ; and in case the appellant have 
 appealed on the ground that the property of any person is assessed 
 below its full and fair annual value, the said justices may order the 
 amount at which such person is rated in the assessment to be altered 
 in such manner as they deem just ; and the proper officer of the 
 court shall in each of the cases aforesaid forthwith amend the assess- 
 ment accordingly, but the assessment shall not be quashed or altered 
 with respect to any other person named therein ; and the determina- 
 tion of the justices at any such sessions or adjournment shall be 
 final and conclusive.
 
 112 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 180. 
 
 Provision for 
 discharging 
 existing 
 liabilities 
 under local 
 Acts relating 
 to paving 
 Ac. (a}. 
 
 Provisions for discharging existing Liabilities of Boards or Bodies 
 having Powers of paving, etc., and of the Metropolitan Commis- 
 sioners of Sewers. 
 
 180. All debts and liabilities legally charged upon or payable out 
 of any rates or assessments authorized to be levied or made under 
 any Act relating to the paving, lighting, watering, cleansing, or 
 improving of any parish in either of the schedules (A.) and (B.) to 
 this Act, or any part of any such parish, shall be charged upon the 
 rates (other than those to be raised for defraying expenses of 
 sewerage, and (where separate rates are made under this Act for 
 defraying expenses of lighting) expenses of lighting,) to be raised 
 under this Act in such parish or part, and the several district 
 boards and vestries shall cause the sums necessary for discharging 
 such debts and liabilities to be raised in their respective districts 
 and parishes accordingly ; and such boards and vestries shall once in 
 every year set aside, out of the rates charged under this Act with 
 such debts and liabilities, such sum as they think proper, not being 
 less than such per centage as hereinafter mentioned ; that is to say, 
 three pounds per centum where the amount of principle debt (exclu- 
 sive 01 annuities) does not exceed one fourth of the rateable value of 
 the property rateable for payment thereof, and in other cases two 
 pounds per centum on the amount of the principal debt (exclusive 
 of annuities), for the purpose of paying off such principal, except 
 where the interest only of such debt is charged upon such rates or 
 assessments as aforesaid, and except also where any such debt was 
 contracted under the authority of a local Act, and the local Act did 
 not require that the principal of such debt should be paid off within 
 a limited time ; and the sums so from time to time set aside, and 
 all moneys applied in augmentation thereof, and the proceeds thereof 
 respectively, shall be applied and dealt with, for the purpose of pay- 
 ing off such principal as aforesaid, in manner by this Act provided 
 with respect to sums set aside for the purpose of providing a fund for 
 paying off mortgages granted under this Act : Provided always, that 
 where any debts or liabilities are charged on any rates or assess- 
 ments not wholly levied or made in or upon any one parish mentioned 
 in schedule (A.) to this Act, or any one district mentioned in schedule 
 (B.) to this Act, the metropolitan board of works shall apportion 
 such debts and liabilities between the respective parishes and districts 
 in or upon which such rates or assessments are authorized to be 
 levied or made, and shall certify to the district board and vestry 
 respectively of every such district and parish the amount of the 
 apportioned part of such debts and liabilities to be discharged by 
 rates to be raised in such parish or district, or any part thereof, 
 
 (a) See 25 & 26 Viet. c. 102, s. 79, post, authorizing, under special cir- 
 cumstances, sums advanced after the passing of the Act for paving part of 
 the Bedford estate in St. Pancras to be added to debt. A debt incurred 
 by the trustees of Grosvenor Square under a local Act was held to be 
 transferred t the vestry under this enactment ; R. v. Vestry of St. George, 
 Hanover Square, 32 L. J. Q. B. 160 ; see also R. v. Stretfield, 32 L. J. 
 M. C. 236. A vestry was decided to be liable for a proportionate part 
 of rent secured to the owners of land used for making a road, a part 
 of which within the parish was by the Metropolitan Roads Act, 1863, to 
 be maintained by the parish; Sansom v. Vestry of Shoreditch, 38 L. J. 
 C. P. 286.
 
 18 & 19 VICT. c. 120, ss. 180, 181. 113 
 
 under this Act, and such apportioned part shall be discharged Section 180. 
 accordingly (6) : Provided also, that nothing in this enactment shall 
 affect the right of any creditor to require payment of any such debt 
 as aforesaid within any less time than is prescribed by this enactment 
 for the payment thereof. 
 
 181. Notwithstanding the determination or expiration of the said Provision for 
 Act of the llth and 12th years of her Majesty, chapter one hundred payment of 
 and twelve, all mortgages, annuities, securities, and other debts and liabilities of 
 liabilities which at or immediately before such determination or metropolitan 
 expiration may be a charge on or payable out of all or any of the commissioners 
 rates authorized to be levied thereunder shall continue in full force, * sewers - 
 and be a charge on the districts or parts (c) in which such rates would 
 have been authorized to be levied in case such Act had continued 
 in force, and all persons who may be entitled to any such mort- 
 gages, annuities, or debts, shall have priority in respect of all moneys 
 advanced before the passing of this Act over any moneys advanced 
 to the metropolitan board of works under this Act, and shall 
 have the like priority (d) among themselves as they are now 
 entitled to under the said Act of the eleventh and twelfth years of 
 her Majesty, chapter one hundred and twelve, or any Act continuing 
 or amending the same ; and the sums from time to time becoming 
 payable under or required for payment of the said mortgages, 
 annuities, securities, debts, and liabilities shall be raised by the 
 metropolitan board of works in such districts or parts in like 
 manner as the expenses of such board in the execution of this 
 Act ; and in case any such district or part be wholly or in part 
 without the limits of the metropolis, as denned by this Act, the 
 said metropolitan board shall from time to time issue precepts 
 under their seal to the overseers (e) of the parish or parishes in 
 
 (6) See note, page 63, ante, as to apportionments made by metropolitan 
 board under this and the 93rd section. 
 
 (c) See the limits included within the metropolitan commission of sewers, 
 note to section 145, ante. The 25 and 26 Viet. c. 102, s. 2, post, re-distributes 
 the debt in respect of certain works of sewerage, and makes it payable out 
 of moneys borrowed on the security of the main drainage rate; and see 
 section 3 of the same Act, and schedule specifying the securities, &c., on 
 which the debt on the loan from the Clergy Mutual Insurance Society shall 
 stand charged, and note to that section. See also section 4, saving rights 
 and remedies of persons holding securities. The provision in the 22nd 
 section of the Metropolitan Board of Works (Loans) Act, 1862, relating to 
 consolidated rate, is not to apply to sums levied under this enactment ; see 
 the Act, post, Appendix. Where the metropolitan board apportioned the 
 quota to be paid by a metropolitan parish in respect of a debt incurred 
 by the metropolitan commissioners of sewers according to the rateable value 
 of the property in the entire district, and not on the amount expended in 
 the parish, a rate assessed upon that principle was decided to be valid ; Pew 
 v. Metropolitan Board of Works, 34 L. J. M. C. 97- As to liability of 
 Metropolitan Board of Works for damage from works of the metropolitan 
 commissioners of sewers, refer to Re Arbitration of Pettiward, cited in note 
 to section 148, ante. 
 
 (d) As to these priorities, see note to section 4 of 25 & 26 Viet. c. 102, 
 post. 
 
 (e) See definition of word " overseer," section 250. Where the metro- 
 politan board issued their precept to the overseers of a parish not within 
 the metropolis as defined by this Act, but liable to a mortgage debt under 
 the Metropolitan Sewers Act, 1848, requiring them to pay a sum" " for 
 defraying the expenses of the board " in the execution of this Act, it was 
 
 I
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 181. which any part without such limits is comprised, requiring payment 
 to the treasurer of the said board or into any bank in such precepts 
 respectively mentioned, within such respective times as may be 
 therein limited, of such sums as it may be necessary to raise in 
 sw.ch part for the purposes aforesaid ; and the provisions herein 
 contained respecting the levying and payment of money by over- 
 seers in pursuance of any order of a vestry or district board shall 
 be applicable, mutatis mutandis, to and for the levying and payment 
 of money by overseers in pursuance of any such precept as aforesaid 
 of the said metropolitan board (a) ; and the said board shall once 
 in every year set aside such sum as they think proper, not being 
 less than two pounds per centum on the amount of all principal 
 moneys (exclusive of annuities) becoming payable by them under 
 this enactment, for the purpose of paying off all such principal 
 moneys ; and the sums so from time to time set aside, and all 
 moneys applied in augmentation thereof, and the proceeds thereof 
 respectively, shall be applied and dealt with, for the purpose of 
 paying off such principal moneys as aforesaid, in manner by this 
 Act provided (b) with respect to sums set aside for the purpose of 
 providing a sum for paying off mortgages granted under this Act, 
 and the sums to be so set aside shall be raised by such board in 
 manner 
 
 Where metro- 182. Where the metropolitan commissioners of sewers have in- 
 politan com- curred any expenses authorized by the said Act of the eleventh and 
 missioners of twelfth years of Her Majesty, chapter one hundred and twelve, to be 
 sewers have -p^ by an improvement rate, or as charges for default (c), it shall be 
 incurred ex- lawful for the metropolitan board of works (d) to levy improvement 
 penses to be rateg or c h ar ges for default for the recovery of the whole of such 
 expenses, or such portion thereof as shall still remain due and unpaid, 
 rTes^^&c 1 the * n ^ e manner directed by the said Act, and the said board shall have 
 metropolitan a1 ^ t ^ ie ri gh ts and remedies for the recovery thereof which are now 
 board may levy ves ted in the metropolitan commissioners of sewers in this behalf, 
 such rates as 
 remain due. 
 
 General Powers to Metropolitan and District Boards and Vestries 
 to borrow. 
 
 Power to 183. It shall be lawful for the metropolitan board (e) and every 
 
 held that the precept and a rate made pursuant to it were bad on the face 
 of them as purporting to be made for purposes for which the parish was 
 not liable to be rated; R. v. Ingham, 32 L. J. M. C. 214 ; 4 B. & S. 205. 
 
 (a) Those provisions are contained in the 161st and following sections; 
 and see section 168, empowering the board to appoint persons to levy 
 on default. The metropolitan board has power under this enactment to 
 appoint a person to make a rate on parishes beyond the metropolis as denned 
 by this Act, but within the limits of the metropolitan sewers commissioners ; 
 R. v. Glossop, 32 L. J. M. C. 92. 
 
 (b) See sections 190, 191. 
 
 (c) The chief provisions relating to improvement rates and charges for 
 default were contained in 11 & 12 Viet. c. 112, ss. 46, 48, 49, 50, 54, 82 ; 
 12 & 13 Viet. c. 93, s. 11, and 18 Viet. c. 30, s. 30. 
 
 (d) The 11 & 12 Viet. c. 112, ss. 132, 141, empowered the commissioners 
 to raise these sums by distress and sale. The powers of the board for the 
 recovery of these rates and charges are now to be exercised by the appeal 
 committee. See 25 & 26 Viet. c. 102, s. 30, post. 
 
 (e) The Metropolitan Board of Works (Loans) Act, 1869, 32 & 33 Viet.
 
 18 & 19 VICT. c. 120, s. 183. 115 
 
 district board and vestry, for the purposes of defraying any expenses Section 183. 
 
 incurred or to be incurred by them in the execution of this Act (/), to , 
 
 borrow and take up at interest, on the credit of all or any of the " oa ''^ s a * 
 moneys or rates authorized to be raised by -them under this act, any vestries to 
 sums of money necessary for defraying any such expenses ; and for rrow 
 the purpose of securing the repayment of any sums so borrowed, 
 together with such interest as aforesaid, such board or vestry may 
 mortgage and assign over to the persons by or on behalf of whom 
 such sums are advanced the respective moneys or rates upon the 
 
 c. 102, s. 50 (see the Act, post, Appendix), repeals (except as to securities, 
 &c., granted before the Act) so much of this section as relates to the mode 
 of borrowing by the metropolitan board, and the whole of the succeeding 
 sections from 184 to 191 inclusive, so far as regards the same body. 
 
 And section 3 enacts that the metropolitan board shall not, except for 
 such temporary period as the Treasury may from time to time sanction, 
 raise otherwise than in conformity with that Act, and with the sanction of 
 the Treasury, any money under any powers of borrowing conferred by the 
 Acts mentioned in the 1st schedule to the Act or otherwise. 
 
 By section 4 the board may, for the purpose of raising such portions of 
 the loans authorized by the Acts mentioned in the 1st schedule, as the 
 Treasury may from time to time sanction, create capital stock to be called 
 Metropolitan Consolidated Stock, and the Act contains provisions as to 
 security, application of the money raised, and other matters. 
 
 The Acts enumerated in the 1st schedule above referred to under which 
 the board had borrowed money are classified as General Improvement Acts, 
 Main Drainage Acts, Fire Brigade Act, and Embankment Acts. 
 
 The 46th section of the Metropolitan Board of Works (Loans) Act, 1869 
 empowers the board, in lieu of consolidated stock, to create terminable an- 
 nuities subject to the conditions therein mentioned. 
 
 By 40 & 41 Viet. c. 52 (1877), the metropolitan board, with the con- 
 sent of the Treasury, were authorized to raise moneys not exceeding the sum 
 therein limited, by the issue of metropolitan bills in manner and subject to 
 the conditions therein mentioned relating to payment, mode of issue, and 
 other particulars. See notes to Metropolitan Board of Works (Loans) Act, 
 1869, post, Appendix. The Metropolitan Board of Works (Loans) Act, 
 1869, s. 37, empowered the metropolitan board to borrow money with the 
 sanction of the treasury, and also to lend money to the managers of the 
 metropolitan asylum district which they required to borrow under the 
 Metropolitan Poor Act. 
 
 The 38 & 39 Viet. c. 65 (1875) authorized the board to lend money to any 
 corporation, body of commissioners, burial board, or other public body having 
 power to levy rates in respect of lands in the metropolis ; it also contained 
 provisions relative to the powers of the board for raising money and other 
 purposes, which were limited in time and amount. See a reference to these 
 Acts in notes to Metropolitan Board of Works (Loans) Act, 1869, post, 
 Appendix. 
 
 (/) By section 72 of 25 & 26 Viet. c. 102, post, vestries and district boards 
 are empowered, with the consent of the metropolitan board, to borrow 
 money for improvements within their parish or district. 
 
 The 34 & 35 Viet. c. 47 authorizes the metropolitan board, with the 
 consent of the Treasury, to lend to, amongst other bodies, vestries and dis- 
 trict boards for works to be executed which appear to the board and 
 Treasury to be permanent works. 
 
 The 38 & 39 Viet. c. 65 (1875), an Act for the amendment of the Acts 
 relating to the raising of money by the metropolitan board and other pur- 
 poses, contained provisions limiting the powers of the board to lend money 
 in time and amount ; and an Act has since been passed annually authorizing 
 the board to raise and expend the amounts limited by the act for, amongst 
 other purposes, loans to vestries and district boards. 
 I 2
 
 116 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 183. credit of which such sums are borrowed (a) ; and the respective 
 
 mortgagees shall be entitled to a proportion of the moneys or rates 
 
 comprised in their respective mortgages, according to the sums in 
 No priority such mortgages mentioned to have been advanced ; and each mort- 
 amongst S a g ee shall be entitled to be repaid the sum so advanced, with 
 
 mortgagees. interest, without any preference over any other mortgagee or mort- 
 gagees by reason of any priority of advance or the date of his mort- 
 gage : Provided always, that no moneys shall be so borrowed by any 
 district board or vestry without the previous sanction in writing of 
 the said metropolitan board. 
 
 Power to 184. It shall be lawful for the commissioners acting in the execu- 
 
 commissioners tion of an Act passed in the session holden in the fourteenth and 
 
 acting under fifteenth years of Her Majesty, chapter twenty-three, " to authorize 
 
 14 & 15 Viet, for a further period the advance of money out of the consolidated 
 
 c. 23, to make f un d to a limited amount for carrying on public works and fisheries 
 
 advances (i). an( } employment of the poor," and any Act or Acts for amending or 
 
 continuing the same, to make advances to any such boardor vestry 
 
 upon the security of all or any of the moneys or rates to be raised by 
 
 them under this Act, and without requiring any further or other 
 
 security than a mortgage of such moneys or rates. 
 
 Form of 185. Every mortgage authorized to be made under this Act shall 
 
 mortgage (c). be by deed duly stamped, truly stating the date, consideration, and 
 the time of payment, and shall be sealed with the seal of the board or 
 vestry, and may be made according to the form (E.) contained in the 
 schedule to this Act annexed, or to the like effect, or with such varia- 
 tions or additions in each case as the board or vestry and the party 
 
 Register of advancing the money intended to be thereby secured may agree to ; 
 
 mortgages. an( l there shall be kept at the office of the board or vestry a register 
 of the mortgages made by them, and within fourteen days after the 
 date of any mortgage an entry shall be made in the register of the 
 number and date thereof, and of the names and descriptions of the 
 parties thereto, as stated in the deed ; and every such register shall 
 be open to public inspection during office hours at the said office, 
 without fee or reward ; and any clerk or other person having the 
 
 (a) The 5th section of the Metropolitan Board of Works (Loans) Act, 
 1869, provides that consolidated stock and all dividends and all sums 
 required for the redemption thereof shall be charged indifferently on the 
 whole of the lands, rents, and property belonging to the board, on all 
 moneys which can be raised by rates, and on the improvement fund, subject 
 as therein mentioned. See as to annuities, same Act, section 46, and as to 
 metropolitan bills, 40 & 41 Viet. c. 52. 
 
 By section 22 of the same Act the metropolitan board for the purposes 
 therein mentioned, including those of defraying the principal and interest, 
 and of the sinking funds for any securities granted by the board for the 
 purposes of the Acts enumerated in the 1st schedule, or any of them, shall 
 assess and raise a rate to be called the Metropolitan Consolidated Rate in 
 manner therein mentioned. 
 
 (b) Repealed as to metropolitan board; see note to section 183. Sec- 
 tion 20 of 25 & 26 Viet. c. 102, post, empowered the public loan com- 
 missioners to lend to metropolitan boards, vestries, &c. By the Metro- 
 politan Board of Works (Loans) Act, 1869, sections 8 & 9, the public 
 works loans commissioners and commissioners for the reduction of the 
 national debt are authorized to lend to the metropolitan board on the secu- 
 rity of consolidated stock. 
 
 (c) Repealed as to the metropolitan board ; see note to section 183.
 
 18 & 19 VICT. c. 120, ss. 185187. 117 
 
 custody of the same, refusing to allow such inspection, shall be liable Section 185. 
 to a penalty not exceeding 5. 
 
 186. The board or vestry making any such mortgage may, if they Repayment 
 think proper, fix a time or times for the repayment of all or any of money 
 principal moneys borrowed under this Act, and the payment of the borrowed at a 
 interest thereof respectively, and may provide for the repayment of time agreed 
 such moneys, with interest, by instalments or otherwise, as they may upon (<t). 
 think fit ; and in case the board or vestry fix the time or times of 
 repayment they shall cause such time or times to be inserted in the 
 mortgage deed ; and at the time or times so fixed for payment thereof 
 such principal moneys and interest respectively shall, on demand, be 
 paid to the party entitled to receive the same accordingly ; and if no Interest on 
 other place of payment be inserted in the mortgage deed, the prin- mortgages 
 cipal and interest shall be payable at the principal office of the board to be paid 
 or vestry, and, unless otherwise provided by any mortgage, the half-yearly, 
 interest of the money borrowed thereupon shall be paid half-yearly ; . , 
 and if no time be fixed in the mortgage deed for the repayment of men tof!mon 
 the money so borrowed, the party entitled to receive such money i )0rrowe( j 
 may, at the expiration or at any time after the expiration of twelve wnen no time 
 months from the date of such deed, demand payment of the principal has been 
 money thereby secured, with all arrears of interest, upon giving six agreed upon, 
 months previous notice for that purpose ; and in the like case the 
 board or vestry may at any time pay off the money borrowed, on 
 giving the like notice ; and every such notice shall be in writing or 
 print, or both, and if given by a mortgagee shall be given in manner 
 herein provided for service of notices (e) on the board or vestry, and 
 if given by the board or vestry shall be given either personally to 
 to such mortgagee or left at his residence, or if such mortgagee or his 
 residence be unknown to them, or cannot be found after diligent 
 inquiry, such notice shall be given by advertisement in the London 
 Gazette ; and if the board or vestry have given notice of their inten- Interest to 
 tion to pay off any such mortgage at a time when the same may law- cease . on e *' 
 fully be paid off by them, then at the expiration of such notice aU P u tlon of 
 further interest shall cease to be payable thereon, unless, on demand g pay 
 of payment made pursuant to such notice, or at any time thereafter, deM ^ e 
 the board or vestry fail to pay the principal and interest due at the 
 expiration of such notice on such mortgage. 
 
 187. It shall be lawful for the said metropolitan board, with respect Power to 
 to any security granted by the metropolitan commissioners of sewers, borrow to 
 or granted by such board under this Act, and for every district board pay off 
 and vestry, with respect to any security for any existing debt or existing secu- 
 liability which such board or vestry are by this Act required to dis- rities (/). 
 charge, and any security granted by such board or vestry under this 
 Act, to raise and borrow the moneys necessary for paying off such 
 security, and to pay off the same ; and the moneys borrowed for the 
 purpose of such payment shall be secured and paid in like manner as 
 if borrowed for defraying the expenses of the execution of this Act : 
 Provided always that nothing herein contained shall extend to autho- 
 rize the paying off of any security otherwise than in accordance with 
 the provisions thereof. 
 
 (d) Repealed as to the metropolitan board ; see note to section 183. 
 
 (e) The mode of serving notices on boards and vestries is provided for b 
 section 220. 
 
 (/) Repealed as to metropolitan board ; see note to section 183.
 
 118 
 
 Section 188. 
 
 Payment of 
 principal and 
 interest may 
 be enforced by 
 the appoint- 
 ment of a 
 receiver (a). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 188. If at the expiration of six months from the time when any 
 principal money or interest has become due upon any mortgage made 
 under this Act, or under the said Act of the eleventh and twelfth 
 years of Her Majesty, chapter one hundred and twelve, or any Act 
 continuing or amending the same, and after demand in writing, the 
 same be not paid, the mortgagee may, without prejudice to any other 
 mode of recovery, apply for the appointment of a receiver to two 
 justices, who are hereby empowered, after hearing the parties, to 
 appoint, in writing under their hands and seals, some person to 
 collect and receive the whole or a competent part of the moneys or 
 rates liable to the payment of the principal or interest in respect of 
 which the application is made, until such principal or interest, or 
 both, as the case may be, together with the costs of the application 
 and the costs of collection, are fully paid ; and upon such appoint- 
 ment being made all such moneys or rates, or such competent part 
 thereof as aforesaid, shall be paid to the person appointed, and when 
 so paid shall be so much money received by or to the use of the 
 mortgagee or mortgagees, and shall be rateably apportioned between 
 or among them, but subject and without prejudice to such right of 
 priority, if any, as shall then be subsisting between the mortgagees or 
 any of them : Provided always, that no mortgagee shall be prejudiced,, 
 either directly or indirectly, by any loss which may be occasioned by 
 the mis-application or non-application of any moneys or rates received 
 by any receiver appointed otherwise than upon the application or 
 with the express consent of such mortgagee, or by any act, deed, 
 neglect, or default on the part of such receiver, but such loss shall be 
 wholly borne by the mortgagee or mortgagees upon whose applica- 
 tion or with whose express consent such receiver was appointed : 
 Provided also, that no such application shall be entertained unless- 
 the sum or sums due and owing to the applicant amount to one 
 thousand pounds, or unless a joint application be made by two or 
 more mortgagees to whom there may be due, after such lapse of time r 
 and demand, as last aforesaid, moneys collectively amounting to that 
 
 Transfer of 189. Any mortgagee or other person entitled to any mortgage under 
 
 mortgages (b). this Act may transfer his estate and interest therein to any other 
 person by deed duly stamped, truly stating its date, the names and 
 descriptions of the parties thereto, and the consideration for the 
 transfer ; and such transfer may be according to the form contained 
 in the schedule (F.) to this Act annexed, or to the like effect ; and 
 there shall be kept at the office of every board and vestry making 
 
 (a) Repealed as to the Metropolitan Board of Works ; see note to sec- 
 tion 183. 
 
 The Metropolitan Board of Works (Loans) Act, 1869, section 40, pro- 
 vides for the appointment by the Court of Chancery of a receiver, in case of 
 default for not less than two months in the payment of dividends on 
 stock or interest on securities granted by the board, and defines his powers 
 as to the collection and application of moneys liable to be carried to the 
 Consolidated Loans Fund, &c. See the Act, post, Appendix. 
 
 See a declaration in an action against a local board of health, claiming a 
 writ of mandamus commanding them to make and levy a rate for the payment 
 of a debt ; Ward v. Lowndes, 28 L. J. Q. B. 265 ; and refusal of the 
 Court of Chancery to appoint a receiver where money had been borrowed 
 by a corporation, on the security of rates under a local Act ; Preston 
 v. Corporation of Great Yarmouth, L. R. 7 Ch., 655. 
 
 (b) Repealed as to Metropolitan Board of Works. See note to section 
 183.
 
 18 & 19 VICT. c. 120, ss. 189191. 119 
 
 any mortgages under this Act a register of the transfers of such SectiOD 189. 
 
 mortgages ; and within thirty days after the date of any such deed of . 
 
 transfer, if executed within the United Kingdom, or within thirty K g' ster 
 days after its arrival in the United Kingdom if executed elsewhere, trans ' ers - 
 the same shall be produced to the clerk of the board or vestry 
 making the mortgage ; and such clerk shall, upon payment of the sum 
 of 5s. , cause an entry to be made in such register of its date, and of 
 the names and description of the parties thereto, as stated in the 
 transfer ; and upon any transfer being so registered, the transferee, 
 his executors, administrators, or assigns, shall be entitled to the full 
 benefit of the original mortgage, and the principal and interest 
 secured thereby ; and every such transferee may in like manner 
 transfer his estate and interest in any such mortgage ; and no person, 
 except the person to whom the same has been last transferred, his 
 executors, administrators, or assigns, shall be entitled to release or 
 discharge any such mortgage, or any money secured thereby. 
 
 190. For the purpose of providing a fund for paying off mortgages Sinking fund 
 granted under this Act, the board or vestry granting such mortgage to be formed 
 shall once in every year set aside, out of the moneys or rates charged for paying 
 thereby, such sum as they think proper, being not less than 2 per ff mortgages 
 centum on the amount of the principal moneys secured thereby ; and ( c )- 
 
 the sum so from time to time set aside, and all other moneys applied 
 by the board or vestry in augmentation of the said fund, shall be 
 applied, in the manner hereinafter directed, in payment, so far as the 
 same will extend, of the principal money secured by such mortgages, 
 or the same shall be invested in the public funds, or on government 
 or real security, in the name of the board or vestry ; and the divi- 
 dends and interest of the moneys so invested, when and as the same 
 become due, shall from time to time be received and invested in like 
 manner, in order that the said moneys so set aside and invested may 
 accumulate at compound interest ; and when such accumulated fund 
 amounts to a sum which, in the opinion of the board or vestry, can 
 be conveniently applied for that purpose, the stocks, funds, or securi- 
 ties whereon the same is invested shall be sold, or otherwise converted 
 into money, and the moneys arising from any such sale and conver- 
 sion shall be applied in the. manner hereinafter directed, in payment, 
 so far as the same will extend, of the said principal moneys, and so 
 from time to time until the whole of the said principal moneys are 
 discharged. 
 
 191. When and as often as the board or vestry are enabled and Mode of 
 think it expedient to pay off one or more of the said mortgages, they paying off 
 shall cause the several numbers of such mortgages, to be written upon mortgages (rf). 
 distinct slips of paper of an equal size, and all such slips shall be rolled 
 
 or folded up in a similar form, and put in a box, and the clerk of the 
 
 (c) Repealed as to the metropolitan board. See note to section 183. 
 Section 3 of the Metropolitan Board of Works (Loans) Act, 1869, enacts 
 that for the purpose of paying the dividends on and redeeming consolidated 
 stock created under that Act, there shall be established a fund to be called 
 the consolidated loan fund of the metropolis, and subsequent sections con- 
 tain provisions as to the moneys to be carried to the credit of the fund, 
 redemption of consolidated stock, application and investment of fund, 
 keeping accounts, sharing, appropriation of moneys, &c. And see section 29 
 as to the application of Thames Embankment Fund. 
 
 (d) Repealed as to metropolitan board. See note to section 183.
 
 120 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 191. said board or vestry shall, at a meeting of the board or vestry, draw 
 separately out of the said box one of the said slips, and thereupon the 
 mortgage corresponding with the number so drawn shall be paid off 
 by the board or vestry ; and after every such ballot the board or 
 vestry shall cause a notice, signed by the clerk, to be given to the 
 person entitled to the money to be paid off, and such notice shall 
 express the principal sum proposed to be paid off, and that the same 
 will be paid, together with the interest due thereon, at a place to be 
 specified in such notice, at the expiration of six months from the date 
 of giving such notice ; and at the expiration of such period the interest 
 of the principal money to be paid off shall cease, unless such prin- 
 cipal money and interest be not paid, on demand, pursuant to such 
 notice ; but such principal money, and the interest thereof to the 
 end of the said six months, shall nevertheless be payable, on 
 demand. 
 
 Accounts of 
 metropolitan 
 board dis- 
 trict boards, 
 and vestries 
 to be balanced 
 ;up to the 
 -end of each 
 year. 
 
 Auditor of 
 accounts of 
 metropolitan 
 board to be 
 appointed by 
 secretary of 
 state, and 
 remunerated 
 bv the board. 
 
 Audit of Accounts. 
 
 192. The metropolitan board of works, every district board, and 
 the vestry of every parish mentioned in either of the schedules (A. ) 
 and (B.) to this Act, shall, in the month of April in every year, 
 cause their accounts to be balanced up to the twenty-fifth 'day of 
 March next preceding, and shall cause a full statement and account 
 to be drawn out of the amount of all contracts entered into and of all 
 moneys received and expended by them during the preceding year, 
 under the several distinct heads of receipt and expenditure, and also 
 of all arrears of rates and other moneys then owing to such respective 
 board or vestry, and of all mortgages and other debts and liabilities 
 then owing by such board or vestry : Provided always, that where 
 by reason of the time established by or under any local Act for mak- 
 ing and collecting rates in any parish the time hereby fixed for 
 making up the accounts is inconvenient, it shall be lawful for the 
 metropolitan board of works to order that the time of making and 
 collecting such rates, and the period for which any such rate may be 
 made, shall be altered as to the said board may appear convenient. 
 
 193. One of Her Majesty's principal secretaries of state shall, in the 
 month of April (a) in every year, by order under his hand, appoint 
 some fit person to be the auditor of the accounts of the said metro- 
 politan board for the preceding year ; and every such auditor shall 
 "be paid by such board not exceeding five guineas for every day he is 
 fully employed on such audit, and all expenses he is put to in the 
 auditing of such accounts ; provided always, that such payment shall 
 not exceed fifty guineas (b). 
 
 (a) By section 18 of Metropolitan Board of Works (Loans) Act, 1871, 
 the auditor of the accounts of the metropolitan board is to be appointed by 
 the Treasury instead of by the Secretary of State in such month as shall 
 be convenient to the Treasury. 
 
 (b) So much of this section as relates to the payment of the auditor was 
 repealed by 25 & 26 Viet. c. 102. s. 114, post, which directed that he should 
 be paid five guineas per day and his expenses, but so that such payments 
 should not exceed one hundred guineas. By the Metropolitan Board of 
 Works (Loans) Act, 1875, section 15, the auditor shall be paid not exceed- 
 ing one hundred guineas, as the Treasury shall direct.
 
 18 & 19 VICT. c. 120, ss. 194, 195. 121 
 
 194. Every district board shall, in the month of April in every Section 194. 
 year, elect by ballot from among the persons acting as auditors for . 
 
 the parishes in the district three persons, not being members of such Auditors to 
 board, to be auditors for the current year of the accounts of such elected 
 board ; and in case of the death of any such auditor, the board by J^dist i t 
 whom he was elected shall forthwith elect in a similar manner some 
 other such person as aforesaid in his place, and the powers hereby 
 given to the said auditors may be exercised by any two of them. 
 
 195. The auditor of the accounts of the said metropolitan board, As to the 
 and the auditors of the accounts of every district board and every such audit of 
 vestry as aforesaid, shall, in the month of May (c), on such day or accounts, 
 days as shall be fixed by him or them for the audit of such respective 
 accounts, attend at the office or principal office of the metropolitan 
 
 board of works, or of such district board or vestry (as the case may 
 require), for the purpose of auditing their accounts ; and such 
 respective boards and every such vestry shall, by their clerks, 
 treasurers, and other officers, produce and lay before such auditor or 
 auditors at every such audit their accounts for the year preceding, 
 together with the statement and account hereinbefore mentioned, 
 accompanied by proper vouchers for the support of the same, and 
 submit to his or their inspection all books, papers, instruments, and 
 writings in their custody or control relating thereto (d) ; and such 
 auditor or auditors, in the presence of such of the members of such 
 respective boards or vestries and of the ratepayers and creditors on 
 the rates as desire to attend, shall audit the accounts hereinbefore 
 mentioned, and may examine any of the members of such respective 
 boards or vestries or their officers whom he or they shall deem 
 accountable (and whom he and they is and are hereby empowered to 
 summon, by writing under his or their hand or hands, or under the 
 hand of any one of them, to appear before him or them for the pur- 
 pose of such examination), touching the said accounts, and shall also 
 hear any complaint (e) which any such ratepayer or creditor shall at 
 the time of such audit make touching such accounts ; and such 
 auditor or auditors shall have full power to examine, audit, allow, 
 and disallow the said accounts and items therein, and shall charge in 
 such accounts all sums (if any) which ought to be accounted for, and 
 are not brought into account ; and if such accounts be found correct, 
 such auditor or auditors, or the major part of them, shall sign the 
 same in token of his or their allowance thereof, and such allowance 
 shall be final and conclusive on all parties (/). 
 
 (c) See note (a) to section 193, ante. 
 
 (d) A mandamus calling on justices to produce " the accounts" (without 
 limit as to time) held bad ; E. v. Church Trustees of St. Pancras, 6 Ad. & 
 E, 314, and see R. v. Wilts Canal Company, 3 A. & E. 477. 
 
 (e) See R. v. Strand District Board, 33 L. J. M. C. 33, 4 B. & S. 526, 
 cited in note to section 160, ante. 
 
 (/) The provision making the allowance of the auditor final and conclu- 
 sive is impliedly repealed, as to the accounts of vestries and district boards, 
 by the 38th section of 25 & 26 Viet. c. 102, post, enabling the allowance, 
 disallowance, or surcharge of the accounts of those bodies to be recovered 
 by certiorari. As to quashing of disallowance by auditor of a sum for extra 
 clerks in preparing a valuation list charged in poor rate, refer to B. v. 
 Overseers of Medlock, 40 J. P. 536. 
 
 Where justices refused to enforce the entire surcharge of a poor law 
 auditor on proof that part of the amount had been paid by the overseer, it
 
 122 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Abstract of 
 accounts 
 to be made. 
 
 Section 196. 196. The auditor or auditors of the accounts of the metropolitan 
 board of works, and of every district board and vestry, shall, after 
 such audit of accounts as aforesaid, cause an account in abstract to be 
 prepared, showing the receipt and expenditure under this Act for 
 the preceding year, under the several distinct heads of receipt and 
 expenditure, with the statement of the allowance of the auditor or 
 auditors, if he or they has or have allowed such accounts, or of the 
 parts, if any, which he or they have disallowed of such accounts, and 
 also a summary statement of all contracts entered into by such 
 board or vestry in such preceding year, and of the moneys owing to 
 and debts and liabilities owing by such board or vestry on the 25th 
 day of March next preceding. 
 
 Accounts of 
 other paro- 
 chial boards 
 to be audited 
 by the 
 auditors 
 elected 
 under this 
 Act. 
 
 197. In all parishes mentioned in the schedules (A.) and (B.) to 
 this Act, in which other boards have control over any part of the 
 parochial expenditure, the auditors of accounts of the parish elected 
 under this Act shall have the same power of examining the accounts 
 and officers of the said boards as of examining the accounts and 
 officers of the vestry, and shall audit the accounts of the said boards 
 in the same manner as they audit the accounts of the vestry, and the 
 accounts of the said boards shall not be subject to any other audit : 
 Provided always, that nothing herein contained shall apply to 
 accounts which if this Act had not been passed would have been sub- 
 ject to the audit of any auditor already or hereafter appointed under 
 the authority of the Act of the session holden in the fourth and fifth 
 years of King William the Fourth, chapter seventy-six, or any Act 
 incorporated therewith (a). 
 
 Annual 
 reports by 
 vestries and 
 district 
 boards. 
 
 Annual Reports. 
 
 198. Every such vestry as aforesaid and district board shall, in the 
 month of June in every year, cause to be printed the said account in 
 abstract and summary statement for the preceding year, relating to 
 such vestry or board, and also make and cause to be printed there- 
 with a report of their proceedings in the execution of this Act, and 
 of the works commenced and completed respectively in the preceding 
 year by such vestry or board, and the works remaining in progress at 
 the termination of such year, and also of any proceedings taken by 
 them or under their authority in the preceding year, in pursuance of 
 any regulations of the general board of health for the time being in 
 force, or otherwise, for the removal of nuisances or the improvement 
 
 was held to be open to the person surcharged to show what he had in fact 
 paid if he could do so without contradicting the auditor's certificate, and 
 that the justices were right ; R. v. Fordham, L. R. 8 Q. B. 501, and ice 
 R. v. Finnis, 28 L. J. M. C. 201 ; R. v. Linford, 7 E. & B. 950 ; Barton v. 
 Plggott, L. R. 10 Q. B. 86. 
 
 By 37 & 38 Viet. c. 97, s. 22, the metropolitan board are empowered to defray 
 certain expenses connected with erecting structures, &c., on Thanksgiving 
 Day, which had been disallowed. 
 
 (a) This proviso was held not to be repealed by the 3rd section of 19 & 20 
 Viet. c. 112, post, and the power to order the appointment of an auditor 
 remained in the poor law commissioners ; S. v. Directors of the Poor of 
 St. Pancras, 27 L. J. M. C. 281. See also R. \. Governors, $c., of the 
 Poor of St. James's, Westminster, 28 L. J M. C. 172, affirmed in error, 
 29 L. J. M. C. 4.
 
 18 & 19 VICT. c. 120, ss. 198200. 123 
 
 of the sanitary condition of their parish or district ; and to every Section 198. 
 such report there shall be appended a copy of every report made to 
 such vestry or board during the preceding year by the. officer or 
 officers of health for their parish or district (6); and every such 
 vestry and board shall in the said month of June send a copy of 
 every such account in abstract, statement, and report, together with 
 a printed list of the names and addresses of the members of such 
 vestry and board, and of their officers, to the metropolitan board of 
 works ; and every vestry and district board shall permit inspection 
 at their office of a copy of any such account in abstract, statement, 
 and report by any ratepayer in their parish or district, without pay- 
 ment, at all reasonable times, and shall also permit the like inspection 
 by the piiblic generally of such list of officers ; and copies of such 
 account in abstract, statement, and report, and list of officers, shall be 
 delivered to any person applying for the same, on payment of such 
 reasonable sums, not exceeding 2d. for each such copy, as may be 
 fixed by such vestry or board in this behalf. 
 
 199. Every such vestry as aforesaid shall cause to be made out Vestry to 
 once at least in every year a list of the several freehold, copyhold, make out 
 and leasehold estates, and of all charitable foundations and bequests, and publish 
 if any, belonging to the parish, and under the control of the vestry, yearly a list 
 the list to contain a true and detailed account of the place where such of estates, 
 estate or charitable foundation may be situate, or in what mode and charities, and 
 security such bequest may be invested, specifying also the yearly bequests, &c., 
 rental of each, and the particular appropriation thereof, together with the 
 with the names of the persons partaking of their benefit (except application 
 where such benefit shall be allotted to the poor of the parish u 
 generally), and to what amount in each case, and also stating the 
 
 name and description of the persons in whom such estates are vested, 
 and the names and description of the trustees for each charity ; and 
 such lists shall be open for the inspection of the ratepayers at the 
 office of the vestry clerk at the same time with the accounts when 
 audited according to the provisions of this Act. 
 
 200. The metropolitan board of works shall, in the month of Annual 
 June (d) in every year, make a report of their proceedings in the report of 
 execution of this Act, and shall in the said month send a copy metropolitan 
 thereof, together with a copy of the said account in abstract and board of 
 summary statement for the preceding year relating to such board, to works. 
 
 one of Her Majesty's principal secretaries of state, to the commis- 
 sioners of Her Majesty's works and public buildings, to the general 
 board of health, to the lord mayor of the city of London, and to each 
 of the vestries .and district boards in the other parts of the metropolis. 
 
 (6) The 43rd section of 25 & 26 Viet. c. 102, post, provides that the 
 officer or officers of health shall make an annual report to the vestry, or 
 district board, on the sanitary condition of the parish, &c., and that it shall 
 not be necessary to append thereto a copy of any other report of such 
 officer or officers. 
 
 (c) See 18 & 19 Viet. c. 124, s. 44, requiring the trustees of parochial 
 charities to deliver a copy of the accounts to the churchwardens of the 
 
 (d) By the Metropolitan Board of Works (Loans) Act, 1871, s. 16, 
 December is substituted for June, and a copy of the report and other 
 documents above mentioned are to be sent to the treasury.
 
 124 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 201. 201. Every such report, account in abstract, and statement to be 
 
 ~ . sent to one of Her Majesty's principal secretaries of state as aforesaid 
 
 Keports, &c., ghall be laid before both Bouses of parliament within one month 
 
 "^" 
 
 a fter the receipt thereof if parliament be sitting, or if parliament be 
 blaicbefore not ^^"gj t^en within one month after the next meeting of 
 parliament. parliament. 
 
 Bye-laws. 
 
 Power to 202. The metropolitan board of works and every district board 
 
 metropolitan an( j Ve8 tiy respectively may from time to time make, alter, and 
 board or works re p ea j bye-laws for all or any of the purposes following ; (that is to 
 to make bye- say,) for regulating the business and proceedings at their meetings 
 and of committees appointed by them, the appointment and removal 
 of their officers and servants, and the duties, conduct, and remunera- 
 tion of such officers and servants ; and the said metropolitan board 
 may also from time to time make, alter, and repeal bye-laws (a) for 
 regulating the plans, level, width, surface inclination, and the material 
 of the pavement and roadway of new streets and roads (6), and the 
 plans and level of sites for building (c), and for regulating the 
 dimensions, form, and mode of construction, and the keeping, cleans- 
 ing, and repairing of the pipes, drains, and other means of com- 
 municating with sewers, and the traps and apparatus connected 
 therewith (a) ; for the emptying, cleansing, closing, and filling up of 
 cesspools and privies ; and for other works of cleansing, and of re- 
 moving and disposing of refuse (d) ; and for regulating the form of 
 
 (a) The 25 & 26 Viet. c. 102, s. 83, post, empowers the metropolitan 
 board to make bye-kws for the guidance, direction, and conduct of vestries, 
 &c., in relation to the works, dimensions, construction, &c., of sewers and 
 for the other objects enumerated in the 138th section of this Act. By the 
 Metropolis Management and Building Act Amendment Act, 1878, section 
 16, the metropolitan board are empowered to make bye-laws with respect 
 to the foundations and sites of houses, buildings, &c., the qualities of sub- 
 stances of which walls are to be constructed, the duties of district sur- 
 veyors, the amount of fees, &c. Bye-laws under that power were made by 
 the metropolitan board on the 10th January, 1879 (Minutes, p. 43), subject 
 to confirmation of the same by the Secretary of State for the Home De- 
 partment. A reference to bye-laws made by the board under special Acts 
 of parliament will be found in the notes to the Acts in the Appendix, post . 
 
 (b) See 25 & 26 Viet. c. 102, s. 98, post, as to the width of existing roads 
 hereafter formed or laid out for building as streets. The Metropolis 
 Management and Building Act Amendment Act, 1878, prohibits the con- 
 struction of houses at less than the prescribed distance from centre of 
 roads, passages, or ways not being highways. 
 
 (c) See 25 & 26 Viet. c. 102, s. 85, post, restricting the height of buildings 
 in certain situations. A bye-law under Local Government Act, 1858, sec- 
 tion 34, requiring fourteen days' notice to the surveyor of the board by a 
 person intending to erect a new building, with details of plans and sections, 
 was held to be within the powers conferred by the Act ; Hall v. Nixon, 
 L. R. 10 Q. B. 152. And see remarks in that case on Young v. Edwards, 
 33 L. J. M. C. 227, and Hattersley v. Burr, 4 H. & C. 523 ; and Pearson 
 v. Kingston-upon- Hull Local Board, 35 L. J. M. C. 36. 
 
 As to bye-law requiring certain distance between a building and the 
 opposite property, see Anderton v. Birkenhead Improvement Commis- 
 sioners, 32 L. J. M. C. 137. 
 
 The power given by 21 & 22 Viet. c. 98, s. 34, to make provision as to 
 removing, altering, or pulling down buildings might be extended to and 
 incorporated in bye-laws as to notice and deposit of plans ; Baker v. Mayor
 
 18 & 19 VICT. c. 120, ss. 202, 203. 125 
 
 appeal and mode of proceeding thereon ; and generally for carrying Section 202. 
 
 into effect the purposes of this Act ; and every such board and vestry .~~~I 
 
 may thereby impose such reasonable penalties (e) as they think tit. , enal ty tor 
 
 not exceeding 40s., for each breach of such bye-laws, and in case of j^g C 
 
 a continuing offence a further penalty not exceeding 20s. for each day 
 
 after notice of the offence from the board or vestry : Provided 
 
 always, that under every sucli bye-law it shall be lawful for the Power of 
 
 justices before whom any penalty imposed thereby is sought to be justices to 
 
 recovered to order the whole or part only of such penalty to be paid, remit penal- 
 
 or to remit the whole penalty: Provided also, that no bye-laws shall ^ es - 
 
 be repugnant to the laws of England or to the provisions of this Act ; 
 
 and that no bye-law shall be of any force or effect unless and until 
 
 the same be submitted to and confirmed at a subsequent meeting of 
 
 the board or vestry: Provided also, that no penalty shall be imposed 
 
 by any such bye-law unless the same be approved by one of Her 
 
 Majesty's principal secretaries of state (/). 
 
 203. All bye-laws made and confirmed as aforesaid in pursuance Publication of 
 of this Act shall be printed, and hung up in the principal office of bye-laws, 
 the board or vestry, and be open to public inspection without pay- 
 ment, and copies thereof shall be delivered to any person applying 
 for the same, on payment of such sum, not exceeding 2d., as the 
 board or vestry shall direct ; and such bye-laws, when so published, 
 shall be binding upon and be observed by all parties, and shall be 
 sufficient to justify all parties acting under the same ; and the pro- Evidence of 
 duction of a printed copy of such bye-laws, authenticated by the bye-laws, 
 seal of the board or vestry, shall be evidence of the existence, and of 
 the due making, confirmation, and publication of such bye-laws, in 
 all prosecutions under the same, without adducing proof of such seal 
 or of the fact of such confirmation or publication of such bye-laws. 
 
 of Portsmouth, 41 J. P. 278, L. R. 3 Ex. D. 4 ; and see Slee v. Mayor of 
 Bradford, 8 L. T. (N.S.) 491. 
 
 A bye-law under section 34 of Local Government Act, 1858, prohibiting 
 the building of a dwelling-house without having at rear or side a sufficient 
 roadwav for access to the privy or ashpit, was held invalid ; Walte v. Garston 
 Local Board, L. R. 3 Q. B. 5. 
 
 A conviction under a bye-law under a local Act incorporating Public 
 Health Acts, 1848 and 1858, for not giving notice of intention to erect a 
 building meant for temporary purposes only, was held void; Fielding v. 
 Rhyl Improvement Commissioners, L. R. 3 C. P. D. 272. 
 
 (d) A bye-law by a local board of health requiring a covered receptacle 
 for dung, held reasonable ; Wanstead Local Board v. Wooster, 37 J. P. 604. 
 
 (e) See section 227 as to the recovery of these penalties. Where a person 
 had been convicted and fined for building a party wall in contravention of 
 a bye-law of a local board under Public Health Act, 1848, it was held that 
 he could not be convicted as for a continuing offence, for suffering the party 
 wall to remain unaltered ; Marshall v. Smith, L. R. 8 C. P. 416. By sec- 
 tion 158 of Public Health Act, 1875, the existence of the work during its 
 continuance in contravention of a bye-law rendering the offender liable to 
 a penalty shall be deemed a continuing offence, but a penalty shall not be 
 incurred in respect thereof after the expiration of one year from the day of 
 the commission of the offence or when the bye-law was broken. 
 
 (f) This approval does not render a bye-law ultra vires valid ; E. v. 
 Wooding, 5 E. & B. 49.
 
 126 
 Section 204. 
 
 Buildings not 
 to be made 
 over sewers 
 without con- 
 sent. 
 
 Penalty on 
 persons sweep- 
 ing dirt into 
 sewers (c). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Provisions for Protection of Property and Works of Metropolitan and 
 District Boards and Vestries, and preventing Obstruction in Execu- 
 tion of Works. 
 
 204. No building (a) shall be erected in, over, or under any 
 sewer (6) vested in the metropolitan board of works, or in any 
 vestry or district board, without their consent first obtained in 
 writing, and if any building be erected contrary to this provision 
 the board or vestry in whom such sewer is vested may demolish the 
 same, and the expenses incurred thereby shall be paid by the person 
 erecting such building. 
 
 205. No scavenger, or other person shall sweep, rake, or place any 
 soil, rubbish, or filth, or any other thing, into or in any sewer or 
 drain, or over any grate communicating with any sewer or drain, or 
 into any dock or inlet communicating with the mouth of any sewer 
 or drain, or into which any sewer or drain may discharge its con- 
 tents, or into the river Thames contiguous thereto ; and every 
 scavenger or other person who shall so offend shall for every such 
 offence forfeit and pay any sum not exceeding 5. 
 
 (a) As to a building within the meaning of Metropolis Building Act, 
 1855, see Stevens v. OourUy, 29 L. J. C. P. 1. Within section 27 of 
 2 & 3 Will. 4, c. 45, Powell v. Farmer, 34 L. J. C. P. 71 ; Powell v. Boras- 
 ton, 34 L. J. C. P. 73. Factory Act, 1867, Redgrave v. Lee, 43 L. J. M. C. 
 105 ; Bowes v. Law, L. B. 9 Eq. 636 ; Morish v. Harris, L. E. 1 C. P. 
 155. 
 
 (6) The marsh wall or embankment keeping back the river Thames at 
 high water from inundating the Isle of Dogs, and through which sewers 
 pass to drain the isle at low water, was held to be " a sewer " within the 
 meaning of this section ; Poplar District Board of Works v. Knight and 
 another, 28 L. J. M. C. 37, per Lord Campbell, C. J., and Erie, J., 
 Crompton, J., doubting. In an award under the Public Health Act, 1848, 
 section 128, containing a similar provision, it was decided that the arbitrator, 
 in assessing compensation for damage, might take into consideration the 
 prospective depreciation of the property by reason of this prohibition; 
 Uttley v. Todmorden Local Board, 44 L. J. C. P. 19. See sections 68 and 
 9 of 25 & 26 Viet. c. 102, post, giving extended powers to the metropoli- 
 tan board and vestries and district boards in cases of unauthorized inter- 
 ference with sewers, banks, defences, &c. 
 
 (c) The 2 & 3 Viet. c. 47 (Metropolitan Police), s. 60, imposes a penalty 
 of 40s. on every person who throws or lays any dirt, litter, or ashes, or any 
 carrion, fish, offal, or rubbish, or throws or causes any such thing to fall 
 into any sewer, pipe, or drain : and see 57 Geo. 3, c. 29, s. 62, post, 
 Appendix. The Thames Conservancy Act, 1857, 20 i 21 Viet. c. 147, s. 
 102, enacts that every person who shall unload, put, or throw into any part 
 of the river Thames, or on any shore or ground below the high water mark 
 of the river Thames, any rubbish, earth, ashes, dirt, mud, soil, or other 
 matter, or allow any offensive matter to flow into the river Thames, shall 
 forfeit for every such offence any sum not exceeding 20. 
 
 The owner of a vessel was held liable for the act of one of the crew in 
 throwing mud into the river contrary to the Thames Conservancy Act, 
 1864, section 74, though the act was done in his absence and without his 
 knowledge; Floivera v. Eaine, 30 J. P. 135; and see E. v. Stephen, 30 
 J. P. 822. 
 
 Where a tanner discharged refuse of trade into a natural stream, a con- 
 viction under a navigation Act, 14 Geo. 3, c. 96, was held bad on the 
 ground that the enactment only applied to artificial streams ; and also per
 
 18 & 19 VICT. c. 120, ss. 206209. 127 
 
 206. If any person wilfully take away, break, throw down, or Section 206. 
 damage any lamp set up for lighting any of the streets in any parish 
 mentioned in either of the schedules (A.) and (B.) to this Act, or 
 
 wilfuLy extinguish the light within the same, or damage the iron ^~ ? , 
 
 or other furniture thereof, or wilfully damage any other property ^ , m 'fi 1 ' 
 
 vested in any vestry or district board, or any property vested in the propertv of 
 
 said metropolitan board, it shall be lawful for any person who sees vestries or 
 
 such offence committed to seize, as also for any other person to district boards 
 
 assist in seizing, the offender, and by authority of this Act, and with- or O f the me-' 
 
 out any other warrant, to convey him, or to deliver him into the tropolitan 
 
 custody of a police officer in order to be secured and conveyed before board (d). 
 some justice ; and if the party accused be convicted of such offence 
 he shall forfeit the sum of 40s., and shall also pay to such vestry or 
 board the amount of damage done. 
 
 207. In case any person carelessly or accidentally (c) break, throw Persons care- 
 down, or damage any such lamp, or the iron or other furniture lessly or acci- 
 thereof, or other such property as aforesaid, he shall pay the amount dentally 
 
 of damage done. damaging 
 
 lamps, &c., to 
 
 208. If any person at any time, obstruct, hinder, or molest any make satisfac ' 
 surveyor, inspector, collector, or other officer, workman, or person 1 
 whomsoever, employed by virtue of this Act, in the performance or Penalty on 
 execution of his duty, every such person so offending shall for the interrupting 
 first offence forfeit and pay the sum of 5s., for the second offence the workmen, &c., 
 
 sum of 20s., and for any subsequent offence the sum of 5 (/). 
 
 duties. 
 
 209. If the occupier of any premises prevent the owner thereof Penalty upon 
 from carrying into effect, with respect to such premises, any of the occupiers ob- 
 provisions of this Act, or any order of any vestry or district board structing exe- 
 made in pursuance thereof, he shall.be liable to a penalty not exceed- cution of 
 ing 5 for every day during the continuance of such refusal or neg- works^ or not 
 lect ; and if the occupier of any premises, when requested by or on disclosing 
 behalf of the vestry or district board to state the name and descrip- owner's name, 
 tioii of the owner of the premises occupied by him, refuse or wilfully 
 
 omit to disclose or wilfully mis-state the same, it shall be lawful for 
 
 Bramwell, B., on the ground that in discharging refuse in the course of his 
 business, the defendant did not " wilfully " throw soil, &c., into a stream 
 within the meaning of the statute ; Smith v. Barnham, L. R. 1 Ex. D. 
 (C. A.) 419. 
 
 The Rivers Pollution Prevention Act, 1876, section 2, subjects to penal- 
 ties any person who puts or causes to be put, &c., or knowingly permits to 
 be put, &c., into any stream, so as either singly or in combination with other 
 similar acts of the same, or any other person, to interfere with its due flow 
 or pollute its waters, the solid refuse of any manufactory, manufacturing 
 process, or quarry, or any rubbish or cinders, or any other waste or any 
 putrid solid matter. 
 
 (d) See section 90 of 25 & 26 Viet. c. 102, post, as to penalties for de- 
 facing posts, buildings, &c., of vestries and district boards, defacing or 
 injuring notice boards, &c. ; and sections 68 and 69 of 25 & 26 Viet. c. 102, 
 as to penalties in case of wrongful interference with sewers ; and see sec- 
 tion 70 as to penalties for wilfully fouling water in, or wilfully damaging 
 drinking fountains. 
 
 (e) The 58th section of 57 Geo. 3, c. 29, only subjected to penalties per- 
 sons wilfully or carelessly knocking down posts and rails, but not where 
 the act was done accidentally. 
 
 (f) As to recovery of penalty, see section 227, post.
 
 128 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 209. any justice to summon the party to appear "before Mm or some other 
 justice at a time and place to be appointed in such summons ; and if 
 the party so summoned neglect or refuse to attend at the time and 
 place so appointed, or if he do not show good cause for such refusal, 
 or if such wilful omission or mis-statement be proved, the justice 
 before whom the party is so summoned may impose upon the 
 offender a penalty not exceeding 5. 
 
 Savings and 210. All savings and provisions in turnpike, railway, waterworks, 
 
 provisions in improvement, and other Acts, saving and providing for the rights, 
 local Acts powers, and authorities of the commissioners of sewers for any of the 
 applicable to partg w hi c h shall be within the metropolis as denned by this Act, 
 commissioners shal i } go far ag the sa:me are not i ncons i s t en t with the provisions of 
 
 this Act, continue and be in force in favour of and with reference to 
 1 t ^ lit. ^ e me t r opolitan board of works and the several district boards of 
 and district works and vestries having the management of sewers under this Act, 
 boards and an< * * n f avour f tne commissioners of sewers of the city of London, 
 vestries. so &* as such savings and provisions respectively are now applicable 
 
 to them, or to any officer or person so continued by the said board. 
 
 Appeals. 
 
 Power to ap- 211. Any person who deems himself aggrieved by any order of any 
 peal against vestry or district board in relation to the level of any building, or 
 orders and acts any order or act of any vestry or district board in relation to the 
 of vestries and construction, repair, alteration, stopping or filling up, or demolition 
 district boards o f any building, sewer, drain, watercloset, privy, ashpit, or cesspool (), 
 in relation to may, within seven days after notice of any such order to the occupier 
 istruction of of the prem i ses a ff ec ted thereby, or after such act, appeal (6) to the 
 metropolitan board of works against the same ; and all such appeals 
 shall stand referred to the committee appointed by such board Tor 
 hearing appeals as herein provided ; and such committee shall hear 
 and determine (c) all such appeals, and may order any costs of such 
 appeals to be paid to or by the vestry or district board by or to the 
 party appealing, and may, where they see fit, award any compensa- 
 tion (fZ) in respect of any act done by any such vestry or district 
 board in relation the matters aforesaid ; provided that no such com- 
 pensation shall be awarded in respect of any such act which may 
 have been done under any of the provisions of this Act on any de- 
 fault to comply with any such order as aforesaid, unless the appeal 
 be lodged within seven days after notice of such order has been 
 given to the occupier of the premises to which the same relates. 
 
 (a) The orders of the vestries against which the appeal is given are those 
 made under the 76th and following sections, and under the 143rd section, 
 now repealed by 25 & 26 Viet. c. 102, s. 75, containing provisions with 
 respect to buildings beyond the general line. Appeals under the second 
 part of the Metropolis Management and Building Acts Amendment Act, 
 1871, are to stand referred to the committee of appeals appointed under 
 this provision with power, amongst other things, of inspection by the dis- 
 trict surveyor or any surveyor of foundations, sites, &c., of houses, build- 
 ings, or other erections. 
 
 (b) The jurisdiction of the court of Chancery to interfere by injunction 
 is not ousted by this appeal clause ; Tinkler v. Hoard of Works for the 
 Wandsworth District, 27 L. J. Ch. 342. 
 
 (c) See 25 & 26 Viet, c. 102, s. 29, post, empowering the appeal com- 
 mittee to vary the order appealed against. 
 
 (d) See sections 225 and 226 as to recovery of compensation.
 
 18 & 19 VICT. c. 120, ss. 212214. 129 
 
 212. The metropolitan board of works shall appoint a committee Section 212. 
 for the purpose of hearing all such appeals as may be made to the ~ 
 said board as aforesaid, which committee shall have power to hear vl!! ^ ? 
 
 and decide all such appeals, and the metropolitan board of works r . , 
 shall from time to time fill up any vacancy in such committee, and c^ujt^g 
 the chairman of the said board shall, by virtue of his office of chair- f or near ; ne 
 man, be a member of the said committee in addition to the members 
 appointed by the said board, and shall preside at all meetings of such 
 committee at which he is present ; and in case of a vacancy in the 
 office of such chairman, or, in his absence, some other member of the 
 committee shall be chosen to preside, and all the powers of such 
 committee may be exercised by any three of them, and any member 
 of such committee may at any time resign his office. 
 
 Retiring Alloioances to Officers of Commissioners of Sewers, and Com- 
 pensations to other Officers. 
 
 213. The metropolitan board of works may, if they deem it Power to 
 just, order the payment of retiring pensions or allowances, of such grant retiring 
 amounts and upon such terms as they deem just, to any officers or allowances to 
 persons who have been employed under the metropolitan commis- P? 1 " 8 ? 8 em ~ 
 sioners of sewers, and who shall not continue to be employed by the Z nnaer 
 metropolitan board of works, or to any officer or person continued "o^,-*!- 1 n 
 by the said board, having regard in the case of persons who have Q f se ^ e ^ / f\ 
 been employed under any of the commissions determined by the 
 
 issuing of the first commission under the said Act of the eleventh 
 and twelfth years of her Majesty, chapter one hundred and twelve, 
 to their employment under any of such commissions, as well as under 
 the said metropolitan commissioners of sewers, and to pay such 
 pensions or allowances out of such moneys raised by the said metro- 
 politan board under this Act as to them niay seem meet. 
 
 214. Every officer to any commissioners, vestry, or other body Compensation 
 whose powers in relation to paving, lighting, watering, cleansing, or to officers 
 improving, or otherwise in relation to the regulation, government of paving 
 boards. 
 
 (e) By 25 & 26 Viet. c. 102, s. 30, post, this committee are to Lave the 
 rights and remedies of the board with respect to improvement rates for 
 expenses incurred under Metropolitan Sewers Acts. See note to preceding 
 section as to appeals under second part of Metropolis Management and 
 Building Acts Amendment Act, 1871. 
 
 (/) Nothing contained in the Act 29 Viet. c. 31, providing for super- 
 annuation allowances to officers of vestries and boards in the metropolis is 
 to affect the powers conferred by this section. See the Act, post, Appendix. 
 A resolution of trustees with statutory powers for the management of a 
 river granting, not under seal, a pension of a specified amount per annum 
 for life to the plaintiff, an officer, on his retirement, was decided to be 
 irrevocable, and where a new body substituted by statute reduced the 
 amount of the pension, the plaintiff was held entitled to recover the differ- 
 ence in an action; Marchant v. Lea Conservancy JBoard, 42 L. J. 
 Ex. 141. 
 
 An allowance to an officer or constable of the metropolitan police charged 
 on the superannuation fund created by 2 & 3 Viet. c. 42, ss. 22, 23, is not 
 payable as a matter of right, and may be revoked at any time by the secretary 
 of state ; S. v. Receiver of Metropolitan Police, 4 B. & S. 593. 
 
 The poor law board, in awarding compensation to the clerk (a solicitor) 
 of a dissolved union, was held entitled to take into consideration collateral 
 advantages, e.g. payments for professional charges ; . v. Poor Law Board, 
 41 L. J. M. C. 16.
 
 130 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 214. or public concerns of any of the parishes mentioned in either of the 
 schedules (A.) and (B.) to this Act, or any part of any of such 
 parishes, are determined by this Act, and any paid surveyor of high- 
 ways of any of such parishes, shall be entitled within six months after 
 the commencement of this Act to make a claim for compensation 
 in respect of any loss of emoluments arising from the passing of 
 this Act, such claim to be made to the vestry of the parish in case 
 the office of the claimant existed in any parish mentioned in the 
 said schedule (A.), and in other cases to the district board of the 
 district in which the office existed ; and it shall be lawful for such 
 vestry or board respectively to inquire, in such manner as they 
 think fit, what were the nature and tenure of the office and the 
 period for which the same has been holden by the claimant, and 
 what were the lawful emoluments in respect of which compensation 
 should be awarded ; and the vestry or district board shall award a 
 gross or yearly sum, and, in the case of a yearly sum, for such time 
 as they think just upon consideration of the special circumstances of 
 each case ; but no such award shall be final until confirmed by the 
 metropolitan board of works, and one month before any such award 
 is taken into consideration by such board notice of such award shall 
 be given to the party in whose favour the same is made, and such 
 board shall take into consideration any representations which may 
 in the meantime be made to them by the party in whose favour the 
 award is made, and by the vestry or district board making the same, 
 and such further information or representations in relation to the 
 matter of any such award as the said metropolitan board may see 
 fit to require or receive ; and such board may confirm such award 
 with or without any alteration therein as to them may seem just ; 
 and any person making any such claim to compensation whose claim 
 is rejected by any vestry or district board may, within one month 
 after notice to him of the rejection thereof, appeal against the deter- 
 mination of such vestry or district board to the metropolitan board 
 of works, and such board shall consider all the circumstances of 
 the case, and may, if it appear to them just, award compensation to 
 the claimant in like manner as the vestry or district board are 
 herein empowered to do (a) ; and the determination or award of the 
 said metropolitan board in reference to such claim shall be final ; 
 and all compensation awarded as aforesaid shall be paid out of the 
 general rates to be levied under this Act in the parish or particular 
 part of any parish to which the office in respect whereof the com- 
 pensation is awarded related, so as to charge such parish or particular 
 part therewith in exoneration of other parishes and parts : Provided 
 always, that if any person to whom a yearly sum is awarded by 
 way of compensation as aforesaid be appointed to any office or 
 employment under the vestry of any of the said parishes, or under 
 any district board, or the metropolitan board of works, or in the 
 public service, the payment of the compensation so awarded shall 
 
 (a) Where a claimant, whose application had been rejected by a district 
 board, appealed to the metropolitan board, who made an order awarding 
 compensation, which order was brought up by certiorari to be quashed, on 
 the ground of a want of jurisdiction, it was held that the question whether 
 the claimant was an officer or not, was necessarily within the appellate 
 jurisdiction of the metropolitan board, and that the certiorari had im- 
 providently issued; B. v. Metropolitan Board of Works, 27 L. J. 
 Q. B. 5. The court also refused a rule for a mandamus where the metro- 
 politan board had altogether refused to award any compensation ; B. v. 
 Metropolitan Board of Works, 21 J. P. 69.
 
 18 & 19 VIOT. c. 120, ss. 214218. 131 
 
 be suspended so long as he continues to hold such office or employ- Section 214. 
 ment if the emoluments thereof be equal to or greater than the 
 amount of the emoluments of the office formerly held by him, 
 and in case the emoluments of the office or employment to which 
 he is appointed be not equal in amount to those of his former 
 office, then no more of such compensation shall be paid to him than 
 will, with the salary of his new appointment, be equal to the 
 emoluments of his former office. 
 
 Miscellaneous Clauses. 
 
 215. Where, under the authority of this Act, two or more per- Where two 
 sons are or may be directed by any vestry or district board to do or more per- 
 or join in doing any act, or to pay or join in paying any sum of sons are to 
 money, costs, or expenses, or where any vestry or district board do any act 
 are authorized or think proper to permit two or more persons to or P a y any 
 join together in doing any act, or paying any sum of money, costs, sum ^ mon ey, 
 or expenses, it shall be lawful for the vestry or district board to vestry or dis- 
 apportion the matter to be done, or the sum of money, costs, or tn Doard 
 expenses to be paid, between such persons, in such manner as the I? a ^ a PP ] 
 vestry or board consider just and reasonable. 
 
 216. In all cases where any vestry or district board is authorized Power to 
 to order any costs, charges, or expenses to be paid by private vestries and 
 parties it shall be lawful for such vestry or district board to order district 
 and accept payment of such costs, charges, expenses, together with boards to 
 interest thereon after a rate not exceeding 5 for the 100 by the spread re- 
 year, by instalments, within such period, not exceeding twenty P a y m ent of 
 years in each case, as they may determine (6), the amount thereof ex P enses 
 
 to be recoverable in the same manner as other expenses are to be ovr a 
 recovered under this Act. 
 
 217. (c) It shall be lawful for any vestry or district board to Occupiers to 
 require the payment of any costs or expenses which the owner of pay expenses 
 any premises may be liable to pay under this Act from any person for which 
 who then or at any time thereafter occupies such premises ; and the owners are 
 owner shall allow every such occupier to deduct all sums of money liable, and to 
 which he so pays, or which are levied by distress, out of the rent l e reimbursed 
 from time to time becoming due in respect of the said premises, as ou * f *he 
 
 if the same had been actually paid to such owner as part of such rent - 
 rent. 
 
 218. (d) Provided always, that no such occupier shall be required Occupier not 
 to pay any further sum than the amount of rent for the time being to be required 
 
 (J) Where a local board, under section 69 of the Public Health Act, 
 1868, had elected to treat a proportion of the cost of works in a street, not 
 a highway, as a debt, it was decided that they could not afterwards declare 
 them to be private improvement expenses ; Wilson r. Mayor of Bolton, 
 L. E. 7 Q. B. 105. 
 
 (c) This and the following two sections are repealed by the 96th section 
 of the 25 & 26 Viet. c. 102. See that and the 97th section for provision 
 as to the payment of expenses to vestries and district boards by owners or 
 occupiers; as to deductions by occupiers from their rent; and as to the 
 deductions by owners or landlords receiving and paying rent ; and see 23rd 
 section of Metropolitan Board of Works (Loans) Act, 1869. 
 
 (d) Repealed; see note to last section. 
 
 K 2
 
 132 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 218. due from him, or which, after such demand of such costs or expenses 
 from such occupier, and after notice not to pay his landlord any 
 rent without first deducting the amount of such costs or expenses, 
 becomes payable by such occupier, unless he refuse, on application 
 being made to him for that purpose by or on behalf of the vestry or 
 district board, truly to disclose the amount of his rent, and the 
 
 to pay more 
 than the 
 amount of 
 rent owing 
 by him. 
 
 name and address of the person to whom such rent is payable ; but 
 the burden of proof that the sum demanded from any such occupier 
 is greater than the rent due by him at the time of such notice, or 
 which has since accrued, shall lie upon such occupier. 
 
 Agreements 219. (a) Provided also, that nothing herein contained shall 
 
 between be taken to affect any contract made or to be made between 
 
 landlord and any owner and occupier of any house, building, or other property 
 tenant not to whereof it is or may be agreed that the occupier shall pay and 
 be affected (6). discharge all rates, dues, and sums of money payable in respect of 
 
 such house, building, or other property, or to affect any contract 
 
 whatsoever between landlord and tenant. 
 
 As to service 220. Any summons or notice, or any writ or other process at law 
 
 of notices, or in equity, or any other matter or thing whatsoever required to be 
 
 &c., on metro- served upon the metropolitan board of works or any district board 
 
 politan and or vestry, may, unless herein otherwise provided, lawfully be served 
 
 district boards by delivering the san.3 personally to the clerk of such respective 
 
 and vestries. board or vestry, or by leaving the same at the principal office of such 
 board or vestry. 
 
 As to service 221. All notices by this Act required to be given to the owner or 
 
 of notices on occupier of any land or premises, or other person, may be served 
 
 owners and personally on such owner, occupier, or person, or left with some 
 
 occupiers inmate of his place of abode, and any notice required to be given to 
 
 and other any such owner or occupier may, if there be no occupier, be affixed 
 
 persons. to some conspicuous part of the land or premises, and it shall 
 
 not be necessary in any notice to any owner or occupier of any land 
 
 or premises to name such owner or occupier : Provided always, 
 
 that where there is no occupier, and the owner of any such land or 
 
 premises, and his place of abode or that of his agent is known to the 
 
 vestry or board by or on behalf of whom such notice is given, or any 
 
 of their officers, such notice shall be served on such owner personally, 
 
 or left with some inmate of his place of abode, or transmitted to such 
 
 owner through the post office, addressed to him at his place of abode 
 
 (a) Kepealed; see note to sectijn 217. 
 
 (J) Though these charges are by the Act thrown upon the owner, the 
 tenant may by the terms of his lease bind himself to pay them. Thus a 
 sub-lessee who takes on the conditions of the original lease, which binds 
 the tenant to pay " all such parliamentary, parochial, and county, district, 
 and occasional levies, rates, assessments, taxes, charges, impositions, contri- 
 butions, burdens, duties, and services whatsoever as should be taxed, &c.," 
 during the term, cannot deduct from his rent the expenses for making a 
 drain to the premises which have been recovered from him by the district 
 board, as the covenant in the lease throws the burden upon him. See 
 Sweet v. Scager,2l J. P. 406; 2 C. B. (N.S.) 119. And where a 
 local Act empowered the tenant to deduct the costs paid by him to the 
 commissioners for paving and flagging footways, but the tenant, in a lease 
 made subsequently to the Act, covenanted to pay all taxes, rates, duties, 
 levies, assessments, and payments whatever : held that these charges were 
 within th covenant ; Payne v. Burridge, 12 M. & W. 727.
 
 18 & 19 VICT. c. 120, ss. 221225. 133 
 
 or last known place of abode in the United Kingdom, or served on Section 221. 
 his agent as aforesaid. 
 
 222. Every notice, demand, or like document given by or on behalf Authentica- 
 of the metropolitan board of works (c), or any vestry or district tion of docu- 
 board, under this Act, may be in writing or print, or partly in ments. 
 writing and partly in print, and shall be sufficiently authenticated 
 
 if signed by their clerk or by the officer by whom the same is given. 
 
 223. If any person against whom the metropolitan board of works, Proof of debts 
 or any district board or vestry, have any claim or demand, become in bank- 
 bankrupt, or take the benefit of any Act for the relief of insolvent ruptcy. 
 debtors, it shall be lawful for the clerk or collector, in all proceed- 
 
 ings under the bankruptcy or insolvency, to represent such board or 
 vestry, and act in their behalf in all respects as if such claim or 
 demand were the claim or demand of the clerk or collector, and not 
 of such board or vestry. 
 
 224. If any party have committed any irregularity, trespass, or Tender of 
 wrongful proceeding in the execution of this Act, or any Act incor- amends. 
 porated therewith, or by virtue of any power or authority given by 
 
 this Act or such other Act as aforesaid, and if before action brought 
 in respect thereof such party make tender of sufficient amends to the 
 party injured, such last-mentioned party shall not recover in any 
 such action (d), 
 
 225. In every case where the amount of any damage, costs, or ex- 
 penses is by this Act directed to be ascertained or recovered in dama & e ' a d 
 a, summary manner, or the amonnt of any damage, costs, or ex- ^P 611868 ' ow 
 penses is by this Act directed to be paid, and the method of ascer- tained^mi" 
 taining the amount or enforcing the payment thereof is not pro- recovere( j. 
 vided for, such amount shall, in case of dispute, be ascertained 
 and determined by and shall be recovered before two jus- 
 tices (e) ; and the amount of any compensation (/) to be made 
 
 (c) A notice that the metropolitan board were willing to pay a certain 
 sum for compensation for injury sustained through their works, signed 
 by L. on behalf of S., solicitor of the board, was decided to be sufficient 
 within this section ; see Sails v. Metropolitan Board of Works, 7 B. & S. 
 177. 
 
 (d) See 25 & 26 Viet. c. 102, s. 106, post, requiring notice of action, &c., 
 to metropolitan board, vestries, district boards, &c., and as to limitation, 
 venue, &c., and notes. 
 
 (e) By section 14 of 2 & 3 Viet. c. 71 (for regulating the police courts in 
 the metropolis), one of the metropolitan police magistrates may do alone 
 any act which by any law in use, or any law not containing an express 
 provision to the contrary, is directed to be done by more than one justice ; 
 but he is not to act at special or petty sessions, &c. The remedy given by 
 this section was held before the Amendment Act, 1862, to be exclusive, and 
 no action lay at the suit of the vestry against the owner for the recovery of 
 such expenses; Vestry of St. Pancras v. Batterlury, 26 L. 3. C. P. 243. 
 
 (y) The provisions directing payment of compensation are contained in 
 the 68th, 84th, 86th, and 120th sections relating to the functions of ves- 
 tries and district boards ; and the 135th section relating to those of the 
 metropolitan board ; and similar provisions are contained in improvement 
 and other Acts relating to the powers and duties of the metropolitan 
 board. 
 
 A quarterly tenant at three months notice has no right to have bis com-
 
 1 34 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 225. under this Act by the said metropolitan board, or any vestry or dis- 
 trict board, shall, unless hererein otherwise provided, be settled, in 
 case of dispute, by and shall be recovered before two justices, unless 
 the amount of compensation claimed exceed ,50, in which case the 
 amount thereof shall be settled by arbitration, according to the pro- 
 
 pensation assessed under section 18 of Lands Clauses Consolidation Act ; 
 Syers v. Metropolitan Board of Works, 10 Cox Mag. Ca. 588. 
 
 A tenant having one year unexpired of a term of two years cannot pro- 
 ceed under section 68 of the Lands Clauses Consolidation Act, but his 
 claim must be settled by justices ; R. v. Great Northern Railway Company, 
 40 J. P. 740. 
 
 Under the Holborn Valley Improvement Act, incorporating the Lands 
 Clauses Consolidation Act, to determine whether the the compensation should 
 be assessed by a jury or by justices, the length of the interest must be com- 
 puted from the date of the notice to treat ; Tyson v. Lord Mayor of Lon- 
 don, 41 L. J., C. P. 6. 
 
 The order of a magistrate giving possession of a house held under a 
 tenancy from year to year may be verbal; R. v. Combe, 32 L. J., 
 M. C. 67. 
 
 A summons before a magistrate to assess compensation under the Lands 
 Clauses Act is not an order for payment of money under Jervis' Act so as 
 to come within the six months limitation ; E. v. Hannay, 44 L. J. M. C. 27 j 
 Eex. v. Edmondson, 17 Q. B. 67 commented on. 
 
 A party on whom a notice to treat has been served under section 18 of 
 Lands Clauses Consolidation Act, without a demand for possession, cannot 
 have his compensation assessed under section 121 of that Act ; E. v. Stone, 
 35 L. J. M. C. 208. 
 
 Neither an arbitrator nor a jury has any jurisdiction under the Lands 
 Clauses Act to inquire whether a claimant is entitled to the interest he 
 claims in lands taken. Their function is only to assess the value of the 
 interest ; Brandon v. Brandon, 34 L. J., Ch. 333 ; and a jury have no 
 jurisdiction to inquire whether the lands have or have not been injuriously 
 affected j Sorrocks v. Metropolitan Railway Company, 4 B. & S. 315; 
 and see Bradby v. Southampton Local Board, 4 E. & B. 1014; and 
 Bradford Local Board v. Hopwood, 6 W. R. 818 under the Public 
 Health Act, 1848. But now by the 308th section of the Public Health 
 Act, 1875, in arbitrations under that Act "any dispute as to the 
 fact of damage or amount of compensation shall be settled by arbitra- 
 tion." Eefer to E. v. Metropolitan Commissioners of Sewers, 1 E. & B. 694, 
 which was a decision on the 69th section of the 11 & 12 Viet. c. 112, em- 
 powering the arbitrator to determine the amount and not the liability ; and 
 see Duke of Buccleuch v. Metropolitan Board of Works, L. R. 3 Ex. 306 ; 
 E. Y. London and North Western Railway Company, 3 E. & B. 443; Ware 
 v. Regents Canal Company, 23 L. J. Ex. 145 ; Read v. Pimlico Railway 
 Company, 32 L. J. Ex. 167 ; Barber v. Qrantham, &c., Railway Com- 
 pany, 33 L. J. C. P. 193. 
 
 Where an arbitrator, appointed under section 125 of the Public Health 
 Act, 1848, proceeded with the reference notwithstanding objections and 
 the party attended and contested the case under protest, it was decided 
 that the arbitrator had authority to make an award; Ringland v. 
 Lowndes, 33 L. J. C. P. (Ex. Ch.) 25. 
 
 An offer of one sum for compensation and costs held bad ; Balls v. 
 Metropolitan Board of Works, 7 B. & S. 177. 
 
 See case of Binney v. Metropolitan Board of Works, cited in Eyre 
 Lloyd's Law of Compensation, note (o), p. 269, 4th ed., to the effect that 
 the claimant was not entitled to have a jury under this section if the board 
 objected, when the premises were only injuriously affected. 
 
 Where the liability was disputed, and the arbitrator proceeded in the 
 absence of the claimant, it was held not to be sufficient to deny jurisdic-
 
 18 & 19 VICT. c. 120, ss. 225227. 135 
 
 visions contained in the Lands Clauses Consolidation Act, 1845, Section 225. 
 which are applicable where questions of disputed compensation are 
 authorized or required to be settled by arbitration (a). 
 
 226. Where the amount of any compensation, or of any damage, Method of 
 costs, or expenses, is to be determined by or to ba recovered before proceeding 
 two justices, it shall be lawful for any justice, upon the application before justices 
 of either party, to summon the other party to appear before two jus- ir \ questions 
 tices, at a time and place to be named in such summons ; and upon damages, 
 the appearance of such parties, or, in the absence of either of them, c ' 
 
 upon proof of due service of the summons, it shall be lawful for such 
 two justices to hear and determine the matter, and for that purpose 
 to examine such parties, or any of them, and their witnesses, on oath, 
 and make such order, as well as to costs as otherwise, as to them may 
 seem just. 
 
 227. Every penalty or forfeiture imposed by this Act, or by any Penalties, &c., 
 bye-law made in pursuance thereof, the recovery of which is not to be recovered 
 otherwise provided for, may be recovered by summary proceedings as provided by 
 before any justice in manner provided by the Act of the session H * 12 Yict. 
 holden in the eleventh and twelfth years of Her Majesty, chapter c - |P *) 
 forty-three, " to facilitate the Performance of the Duties of Justices 
 
 of the Peace out of Session within England and Wales with respect 
 to summary Convictions and Orders." 
 
 228. If through any act, neglect, or default on account whereof any Damages to be 
 person has incurred any penalty imposed by this Act, any damage to made good in 
 the property of the said metropolitan board, or any vestry or district addition to 
 
 penalty. 
 
 tion, but that some primd facie ground for asserting non-liability should 
 be shown ; Burgess v. Northwich Local Board, 41 J. P. 818. 
 
 No compensation can be recovered by action or otherwise for damage 
 under the Lands Clauses Act which might have been foreseen, and ought 
 to have been considered ; Croft v. London and North Western Railway 
 Company, 32 L. J. Q. B. 113. 
 
 Where the liability was disputed by a local board, the court granted a 
 writ of mandamus to make compensation ; B. v. Burslem Local Board, 6 
 Jur. (N.S.) 696. 
 
 It is a good return to a mandamus to a company that the property had 
 not been injuriously affected; R. v. Cambrian Railway Company, 38 L. J. 
 Q. B. 191 ; and the same defence may be pleaded in an action ; Read 
 v. Pimlico Railway Company, 32 L. J. Ex. 167. 
 
 As to rights of parties in respect of streams, &c., under Waterworks 
 Clauses Act and Lands Clauses Act, see Stone v. Mayor of Teovil, 45 L. J. 
 657 ; Bush. v. Trowlridge Waterworks Company, L. R. 19 Eq. 291 ; Ferrand 
 v. Corporation of Bradford, 20 Jur. (N.S.) 175. 
 
 (a) The provisions as to the mode of proceeding for settling amount of 
 compensation by arbitration, are contained in the 25th and following sec- 
 tions of 8 Viet. c. 18, to the 37th inclusive. 
 
 (b) By the 104th section of 25 and 26 Viet. c. 102, post, this provision is 
 extended to the recovery of damages, costs, &c., not otherwise provided for. 
 
 Under the Act named in this section, these penalties are made recoverable 
 by distress. By the Small Penalties Act, 1865, where an offender is ad- 
 judged to pay a penalty not exceeding 5 he may, in case of non-payment, 
 without any warrant of distress, be committed to prison for any term not 
 exceeding the period specified in the scale provided by the Act, unless the 
 fine shall be sooner paid. 
 
 A corporate body cannot in general sue for a penalty as a common 
 informer ; Guard, of St. Leonard's, Shoreditch. v. Franklin, 42 J. P. 725
 
 136 
 
 METEOPOLIS LOCAL MANAGEMENT. 
 
 Section 228. board, has been committed by such person, he shall be liable to make 
 good such damage, as well as to pay such penalty ; and the amount 
 of such damage, in case of dispute, shall be determined by the jus- 
 tices by whom the party incurring such penalty is convicted, and 
 the payment of the amount of such damage may be enforced in all 
 respects as such penalty. 
 
 Transient 229. It shall be lawful for any officer or servant of the said metro- 
 
 oft'enders. politan board, or any vestry or district board, and for any police 
 
 constable, and all persons called by him to his assistance, to seize and 
 detain any person who has committed any offence against the provi- 
 sions of 'this Act, or any bye-law made in pursuance thereof, and 
 whose name and residence shall be unknown to such officer or servant 
 or police constable, and convey him with all convenient despatch 
 before some justice, without any warrant or other authority than this 
 tice shall roceed with all convenient despatch to 
 
 Act ; and such justice shall proceed 
 the hearin and determinin of the 
 
 the hearing and determining of the complaint against such offender. 
 
 Proceedings 230. No act, order, or proceeding in pursuance 'of this Act, or in 
 
 h dfi relation to the execution thereof, shall be quashed or vacated for want 
 of form, nor shall the same be removed by certiorari (a) or otherwise 
 into any of the superior courts, except as herein specially provided. 
 
 231. If any person feel aggrieved by any adjudication or deter- 
 mination of any justice or justices with respect to, any penalty or 
 forfeiture under the provisions of this Act, such party may appeal to 
 the general or quarter sessions (6) ; but no such appeal shall be enter- 
 tained unless it be made within four months next after the making 
 such determination or adjudication, nor unless ten days' (c) notice in 
 writing of such appeal, stating the nature and grounds thereof, be 
 given to the party against whom the appeal is brought, nor unless 
 the appellant forthwith after such notice enter into recognizances, 
 with two sureties, before two justices, conditioned duly to prosecute 
 such appeal, and to abide the order of the court thereon. 
 
 ant of 
 form. 
 
 Parties 
 allowed to 
 appeal to 
 quarter 
 sessions, on 
 giving 
 security. 
 
 Court to 
 make such 
 order as they 
 think 
 reasonable. 
 
 232. At the general or quarter sessions for which such notice is given 
 the court shall proceed to hear and determine the appeal in a sum- 
 mary way, or they may, if they think fit, adjourn it to the following 
 sessions ; and upon the hearing of such appeal the court may, if they 
 think fit, mitigate any penalty or forfeiture, or they may confirm or 
 quash the adjudication, and order any money paid to the appellant, 
 or levied by distress upon his goods, to be returned to him, and may 
 also order such further satisfaction to be made to the party injured 
 as they may judge reasonable, and they may make such order con- 
 cerning the costs, both of the adjudication and of the appeal, as they 
 may think reasonable. 
 
 (a) Unless made without jurisdiction. See S. v. Metropolitan Board of 
 \\orks, 27 L. J, Q. B. 5 ; S. v. Broughton L. B. Health, 12 L. T. (N.S.) 
 310 ; B. v. Wood, 5 E. & B. 49 ; and R. v. Dickinson, 26 L. J. M. C. 204. 
 
 (b) From the language of this and the following section a notice of 
 appeal would apparently not suspend the execution of judgment ; see Ex 
 parte Willmott, 30 L. J. M. C. 112. See as to statement of a case for the 
 opinion of a superior court, 20 & 21 Viet. c. 42. 
 
 (c) A notice of appeal against a decision of justices under the Public 
 Health Act, 1875, requires to be given within fourteen days from the time
 
 18 & 19 VICT. c. 120, ss. 233235. 137 
 
 233. (d) No person shall be liable to the payment of any penalty Section 233 
 or forfeiture under this Act, or any bye-law made by virtue thereof, 
 
 for any offence made cognizable before a justice, unless the complaint Penalties to 
 
 respecting such offence have been made before such justice within be sued for 
 
 three months next after the commission or discovery of such within six 
 
 offence. months (d). 
 
 234. (e) If the application of any penalty or forfeiture be not Application of 
 otherwise provided for, one half thereof shall go to the informer, penalties, 
 and the remainder shall go to the vestry or district board of the 
 
 parish or district in which the offence was committed, or if such 
 vestry or board be the informers, the whole of the penalty recovered 
 shall go to them ; and all sums which shall go to or be recovered by 
 any such vestry or board on account of any such penalty or forfeiture 
 shall be paid to their treasurer, or otherwise into such bank, to their 
 account, as they may direct, and shall be applicable to the general 
 expenses of the vestry or board ; provided that in every case where 
 any vestry or board are liable to any penalty or forfeiture the whole 
 of such penalty or forfeiture shall go to the informer. 
 
 Special Provisions and Savings. 
 
 235. Where the vestries of any parishes mentioned in either of the Provision 
 schedules (A.) and (B.) to this Act now act jointly or in union, or for joint 
 exercise any powers or privileges jointly or in union, or elect guar- action of 
 dians, directors, trustees, or other persons whomsoever whose offices vestries, and 
 are not expressed to be determined by this Act for any joint purposes, elections out 
 the vestries of such parishes elected under this Act may act jointly of vestries 
 or in union, and shall have the like powers and privileges jointly or under local 
 in union, and elect for such joint purposes in like manner and with Acts. 
 
 the like effect ; and where in any of the said parishes any guardians, 
 directors, trustees, or other persons whosoever whose offices are not 
 expressed to be determined by this Act are now by law elected out of 
 the vestry of any such parish, such guardians, directors, trustees, or 
 other persons as aforesaid may be elected out of or from the vestry- 
 men and persons who under this Act are eligible as vestrymen for 
 the same parish ; and the office of no such guardian, director, trustee, 
 or other person shall be.determined by reason of his ceasing to be a 
 
 when the court pronounced its decision ; B. v. Hornet Rural Sanitary Au- 
 thority, 45 L. J. M. C. 105 ; L. R 1 Q. B. D. 558. 
 
 (d) This section is repealed by the 107th section of 25 & 26 Viet. c. 102, 
 which provides that complaint must be made within six months. 
 
 (e) This section is repealed by the 105th section of 25 & 26 Viet. c. 102, 
 post, which directs payment of any sums or penalties recoverable by metro- 
 politan board on account of or for any vestry or district board to the respec- 
 tive bodies, and makes them applicable to their general expenses, notwith- 
 standing the provisions of 2 & 3 Viet. c. 71, s. 47 (Metropolitan Police Act). 
 See Wray v. Ellis, cited in note to section 105 of 25 & 26 Viet. c. 102. 
 
 Where the Act 3 & 4 Viet. c. 84, conferred upon two justices sitting to- 
 gether publicly in a room in special or petty sessions in any part of the 
 metropolitan police district, except in the divisions assigned to the police 
 courts already established, the powers, &c., of one magistrate at a police 
 court, it was held that the receiver was not entitled to one moiety of a penalty 
 recovered before those justices ; Receiver of Metropolitan Police \. Sell, 
 41 L. J. M. C. 153 ; and see note to section 105 of 25 & 26 Viet. c. 102, 
 pott.
 
 138 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 235. vestryman in consequence of the passing of this Act ; but every such 
 giiardian, director, trustee, or other person shall continue in office until 
 
 Agreement 
 between the 
 London 
 and North- 
 Westera 
 Railway 
 Company 
 and certain 
 paving com- 
 missioners 
 confirmed. 
 
 Special provi- 
 sion as to 
 powers of 
 commissioners 
 acting under 
 5 & 6 Viet. c. 
 48, as to pav- 
 ing Ely Place, 
 &c. (a). 
 
 such time as he would otherwise have ceased to hold his office. 
 
 236. And whereas by an agreement, made on the 10th day of 
 August, 1854, between the London and North-Western Railway 
 Company of the one part, and five of the commissioners acting under 
 certain Acts of parliament relating to the paving and improving of 
 certain streets in the parish of Saint Pancras, in the county of Mid- 
 dlesex, of the other part, it was agreed that the commissioners acting 
 under the said Acts should, in consideration of the payment of the 
 sums of .3,000 and 500 to the said commissioners by the said com- 
 pany, put into good and complete state of repair and condition certain 
 roads therein particularly mentioned, and (except in the event therein 
 mentioned of an Act not being obtained during the then next session 
 to authorize the transfer to the said commissioners of the management 
 of the said roads) would maintain the said roads at their own charge 
 and expense : And whereas the said sums have been paid to the 
 said commissioners, and it is expedient that the said agreement 
 should be confirmed as hereinafter mentioned : 
 
 The said agreement shall be confirmed so far as the same relates to 
 the repair and maintenance of the said roads ; and the maintenance 
 thereof shall be vested in the vestry of the said parish of Saint Pan- 
 cras in like manner as if the said commissioners had been by 
 Act of parliament liable to maintain and repair the said roads at the 
 time of the commencement of this Act ; and the sums paid to the 
 said commissioners as aforesaid, or such part thereof as may not have 
 been already applied for the purpose of putting the said roads into 
 good and complete repair, shall be paid over to the vestry of the parish 
 of Saint Pancras, and be applied for the general benefit of such parish 
 in aid of any rates to be raised in such parish to defray expenses of 
 paving, anything in this Act or in any Act relating to the said com- 
 pany to the contrary notwithstanding. 
 
 237. This Act shall not divest the commissioners under an Act of 
 the session holden in the fifth and sixth years of Her Majesty, 
 chapter forty-eight (local), " For paving, lighting, watching, cleans- 
 ing, and improving Ely Place and Ely Mews, Holborn, in the county 
 of Middlesex," of any of the powers or property vested in them under 
 that Act in relation to the paving, lighting, watering, and cleansing 
 of streets apply to the parts within the limits of the said local Act, 
 nor shall such parts be assessed or rated under this Act for defraying 
 any expenses incurred by the district board for the Holborn district 
 in relation to paving, lighting, watering, and cleansing ; but such 
 parts shall be subject to all the provisions of this Act relating to 
 sewerage and house drainage, and to be assessed or rated for sewer- 
 age expenses incurred by the said district board, and for expenses 
 incurred by the metropolitan board of works, and towards any sums 
 required to be raised by such board under this Act, in like manner as 
 other parts within the said district. 
 
 (a) Ely Place, which is part of the liberty of Saffron Hill, Hatton Garden, 
 and Ely Rents, is by schedule (B.) included in the Holborn district. It is 
 private property, and though open to the public during the day, has never 
 been dedicated to the public, and the commissioners for paving Saffron 
 Hill, Hatton Garden, and Ely Rents, were decided to have no authority 
 under 5 Will. 4, c. 18, s. 44, to enter it for the purpose of paving it ; 
 Paul v. James, 1 G. & Dav. 316.
 
 18 & 19. VICT. c. 120, ss. 238, 239. 139 
 
 238. Notwithstanding anything in this Act contained to the con- Section 238. 
 trary, the provisions of this Act shall extend and apply to the parish .~ .- 
 of Woolwich only to the extent and in manner hereinafter mentioned : ~P ecml P- 
 (that is to say,) TSlTof 
 
 A member of the metropolitan board of works shall be from time winr;/>. n\ 
 to time elected by the local board of health of Woolwich, at a 
 meeting of such board, as by this Act directed with respect to 
 the vestry of each of the parishes mentioned in the said sche- 
 dule (A.) : 
 
 The said metropolitan board shall have and perform, within and in 
 relation to the said parish, all the powers and duties vested in them 
 under this Act, in like manner as within and in relation to other 
 parishes mentioned in the said schedule (A.), save that the said 
 local board shall be subject to all orders of the said metropolitan 
 board in relation to sewerage and otherwise, and to all precepts 
 requiring payment of money, in all respects as the vestries of other 
 parishes in the said schedule (A.) are subject to the same, in lieu of 
 the vestry of the said parish ; and all sums required to be paid by 
 such precepts shall be defrayed out of any moneys carried to the 
 district fund account, or by means of a general district rate to be 
 levied on the whole of the parish of Woolwich, or such part thereof 
 as may be specified in the precept of the said metropolitan board. 
 
 239. Where any enclosed garden or ornamental ground is vested Special provi- 
 in or under the maintenance or management of any commissioners sions as to in- 
 or other body, for the use of the inhabitants of any square, crescent, closed gardens 
 circus, street, or. place, surrounding or adjoining such garden or * n squares, &c. 
 ground, and the powers of such commissioners or other body do not ( c )- 
 
 extend beyond such garden or ground, and such square, crescent, 
 circus, street, or place, or any adjoining street, way, or passage, so 
 far as the same may abut upon any part of any house, shop, building, 
 or tenement situate in or fronting any such square, crescent, circus, 
 street, or place, nothing in this Act shall divest such commissioners 
 or body of any property in such garden or ground, or in any railing 
 or footway bounding the same, or of any duties, powers, or authori- 
 ties now or hereafter vested in any such commissioners or other 
 body, for or in relation to the paving, watering, cleansing, improving, 
 or regulating of such enclosed garden or ornamental ground, or in 
 
 (b) The parish of Woolwich was constituted a district under the Public 
 Health Act, 1848, (11 & 12 Viet. c. 63,) the provisional order having been 
 confirmed by the 15 & 16 Viet. c. 69. The paving, local sewerage, &c., are 
 administered by the local board of health ; but the parish is by this pro- 
 vision made subject to the jurisdiction of the metropolitan board in relation 
 to sewerage, metropolitan improvements, &c., in the same manner as the 
 other parishes in schedule (A.), the local board being substituted for the 
 vestry, for the purpose of compliance with their orders. The third section 
 of the Local Government Act, 21 & 22 Viet. c. 98, declared that that Act 
 should not be adopted by any place within the limits of the metropolis, as 
 defined by the Metropolis *Local Management Act ; and by the Public 
 Health Act, 1875, the metropolis is excepted from the 5th section dividing 
 England into urban sanitary districts and rural sanitary districts. By 
 sections 108 and 115 of the last-named Act certain powers are conferred 
 upon the local authorities executing the Nuisances Removal Acts within 
 the metropolis. 
 
 (c) See transfer of debt incurred by trustees of Grosvenor Square to 
 vestry ; X. v. Vestry of St. George Hanover Square, 32 L. J. Q. B. 160, 
 referred to in note to section 180, ante.
 
 140 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 239. relation to the railing or footway bounding the same, or to levy rates 
 for defraying any expenses incurred in the execution of such duties or 
 powers ; and where the maintenance or management of any enclosed 
 garden or ornamental ground is vested in any commissioners or 
 other body, for the use or benefit of the inhabitants of any square, 
 crescent, circus, street, or place surrounding or adjoining the same, 
 who are liable to be assessed for the maintenance thereof, and the 
 powers of such commissioners or other body extend beyond such en- 
 closed garden or ornamental ground, and such square, crescent, 
 circus, street, or place, or such adjoining street, way, or passage as 
 aforesaid, the maintenance and management of such enclosed garden 
 or ornamental ground shall be vested in a committee, consisting of 
 not more than nine nor fewer than three of such inhabitants, and 
 such committee shall be appointed annually in the first week in June 
 by such inhabitants ; and the vestry or board shall from time to time 
 cause to be raised the sums required by such committee for defray- 
 ing the expenses of the maintenance and management of such en- 
 closed garden or ornamental ground, or of such part thereof as is 
 situate within their parish or district, by an addition to the general 
 rate to be assessed on the occupiers of the houses or buildings the 
 occupiers whereof are now liable to be assessed for the same pur- 
 pose : Provided always, that where any such rate which may now be 
 levied for such purpose is limited in amount the rate to be levied 
 under this provision shall be subject to the like limit. 
 
 Saving of . 240. This Act shall not divest the commissioners from carrying 
 
 powers and into execution " The Crown Estate Paving Act, 1851," and the sub- 
 property of sisting provisions of the Acts therein recited, or the commissioners of 
 commissioners Her Majesty's works and public buildings, of any of the powers, 
 under 14 & 15 duties, authorities, or property vested in them respectively under the 
 Viet. c. 95 (a), said Acts ; and nothing in this Act shall extend to authorize or em- 
 power any vestry or district board to exercise any power or control 
 whatsoever in respect of paving, maintaining, lighting, watering, 
 cleansing, and regulating any streets or places in the neighbourhood 
 of the houses of parliament, delineated on a plan marked E., referred 
 to by " The Crown Estate Paving Act, 1851," or any portion of the 
 district now under the management of the commissioners for carry- 
 ing into execution the said Crown Estate Paving Act, and the sub- 
 sisting provisions aforesaid, or to exercise any power or control 
 whatsoever in or over any of the gardens or pleasure grounds the 
 management whereof is now or may for the time being be vested in 
 such last-mentioned commissioners ; nor shall any such street or 
 place, or any portion of such district, as aforesaid, be assessed or 
 
 (a) The powers vested in the commissioners under the 5 Geo. 4, c. 100, 
 so far as concerned the making and maintenance of sewers, drains, and 
 watercourses, and the making of sewers' rates for these purposes, were by 
 the 11 & 12 Viet. c. 112, s. 143, transferred to the metropolitan commis- 
 sioners of sewers. The Crown Estate Paving Act, 14 & 15 Viet. c. 95, 
 mentioned in this section, transferred certain portions of the district in- 
 cluded within the above Acts to the parishes, the control over the sewers 
 being still reserved to the metropolitan commissioners. By section 25 the 
 management of the places comprised in plan E. was vested in the commis- 
 sioners of Her Majesty's works, &c. The places comprised in that plan 
 were parts of New Palace Yard, St. Margaret Street, Old Palace Yard, and 
 certain other adjoining streets and places. The jurisdiction of the former 
 commissioners over certain parts of the crown estate near the Regent's 
 Park, &c. was transferred to the commissioners under that Act.
 
 18 & 19 VICT. c. 120, ss. 240243. 
 
 141 
 
 rated under this Act for defraying any expenses incurred by any Section 240. 
 vestry or district hoard in relation to paving, lighting, watering, or - 
 
 cleansing, hut snch streets, places, and district shall he subject to all 
 the provisions of this Act relating to sewerage and house drainage, 
 and to be assessed or rated for sewerage expenses incurred by any 
 such vestry or board, and for expenses incurred by the metropolitan 
 board of works, and towards any sums required to be raised by such 
 board under this Act as by this Act provided. 
 
 241. Nothing in this Act shall divest the commissioners for the Saving of the 
 time being of Her Majesty's works and public buildings of any power rights of the 
 or property now or which for the time being may be vested in commissioners 
 them ; and nothing in this Act shall extend to authorize or empower of works. 
 any vestry or district board to exercise any power or control whatso- 
 
 ever in or over any of the royal or public parks, gardens, or pleasure 
 grounds, the management whereof is now or may be for the time 
 being vested in such commissioners ; and nothing in this Act shall 
 abridge, alter, or affect any right, power, exemption, or remedy of 
 the Queen's most excellent Majesty, her heirs or successors, or the 
 said commissioners, in, over, or in relation to the possessions of the 
 crown or of the public. 
 
 242. Nothing in this Act shall divest the commissioners of sewers Saving of 
 
 of the city of London of any powers or property vested in them in powers (6) of 
 
 relation to such parts of any of the parishes mentioned in schedule c ^y commis- 
 
 (B.) to this Act as are within the city of London, nor shall such parts sioners O f 
 
 be subject to be rated or assessed by any district board, but shall be sewei ^ over 
 
 subject to all the powers of the metropolitan board of works as other c | rtain P ar ts 
 
 places in the city P of London. lSS? ")'." 
 
 243. Nothing in this Act shall extend to or affect any of the rights, Saving rights 
 privileges, powers, or authorities vested in the Metropolitan Sewage of Metropoh- 
 Manure Company by an Act of the session holden in the ninth and *^ n kewage 
 tenth years of Her Majesty, intituled " An Act to incorporate a Com- Manure J 
 pany by the Name of the Metropolitan Sewage Manure Company," PJJjJj 
 
 or an Act of the session then next following, intituled " An Act for y" , 
 enabling the Metropolitan Sewage Manure Company to alter the Line an( j 
 of their Works, and for other Purposes :" (c) Provided always, that Vict c 
 all rights, powers, and authorities by either of the said Acts vested 
 in the commissioners of sewers for the time being for the city and 
 liberty of Westminster and part of the county of Middlesex (d) shall 
 
 (5) See note to section 1, ante, for definition of the word " city" in the 
 City of London Sewers Act, 1848. The saving in the present section 
 applies to parishes which are partly within and partly without the city of 
 London, and it provides that nothing in the Act shall divest the commis- 
 sioners of sewers of the city of the powers or property vested in them in 
 relation to such parts of those parishes as are within the city, and that 
 such parts shall not be subject to be rated or assessed by any district board, 
 that is with respect to sewers and other matters reserved to the city of 
 London ; Daw v. Hie Metropolitan Board of Works, 31 L. J. C. P. 223. 
 
 (c) The Sewage Manure Company under the Acts referred to was esta- 
 blished for the purpose of collecting the sewage of the King's Scholars' 
 Pond and Ranelagh Sewers, and distributing the same for agricultural 
 purposes. It is believed that the operations of this company were discon- 
 tinued many years ago. 
 
 (d) The Acts imposed upon the company the obligation of giving notice 
 to those commissioners before making any new sewers, and of conforming 
 to their directions in their construction.
 
 142 
 
 Section 243. 
 
 Saving rights 
 of commis- 
 sioners or 
 trustees of 
 turnpike 
 roads. 
 
 Saving for 
 metropolitan 
 police com- 
 missioners. 
 Not to preju- 
 dice dispute 
 between Bat- 
 tersea and 
 
 Eepeal of 
 Acts incon- 
 sistent with 
 this Act. 
 
 In case of 
 conflict with 
 the provi- 
 sions of this 
 Act, provi- 
 sions of local 
 Acts may be 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 be vested in the metropolitan board of works, and the provisions of 
 the said Acts shall be construed as applying to such board in lieu of 
 such commissioners, but any order or act which might have been 
 made or done by the said commissioners at a court of sewers may be 
 made or done by the said metropolitan board at any meeting of such 
 board. 
 
 244. Nothing in this Act shall divest the commissioners or trustees 
 of any turnpike road of any powers or property vested in them as 
 such commissioners or trustees, save as herein expressly provided (a) 
 Avith respect to turnpike roads, and save that the footpaths of any 
 such road shall be under the care and management of the vestries 
 and district boards of the parishes or districts in which the same are 
 situate in like manner as other footpaths in such parishes and dis- 
 tricts : Provided always, that the provisions of this Act transferring 
 to vestries and district boards powers and property vested in any 
 commissioner or other body in relation to the paving, lighting, water- 
 ing, cleansing, and improving of their parishes and districts, and all 
 other provisions of this Act incident to or consequent upon such 
 transfer shall apply to all powers and property vested in the trustees 
 of the Commercial-road, so far as regards any streets or highways 
 other than such road, and also so far as regards the footpaths of such 
 road. 
 
 245. Nothing in this Act shall interfere with the powers given by 
 law to the commissioners of the police of the metropolis. 
 
 246. Nothing in this Act shall be construed to prejudice or affect 
 any question as to whether the hamlet of Penge is or is not a part of 
 the parish of Battersea. 
 
 247. All Acts of parliament in force in any parish or place to 
 which this Act extends, or in any part of such parish or place, shall, 
 so far as the same are inconsistent with the provisions of this Act, be 
 repealed (b) as regards such parish or place, or such part thereof, not- 
 withstanding any provisions of this Act continuing and transferring 
 respectively to vestries of parishes and transferring to district boards 
 any duties, powers, or authorities now vested in vestries, commis- 
 sioners, or other bodies. 
 
 248. Upon the petition of the metropolitan board of works, or of 
 any district board or vestry, representing to Her Majesty in council 
 that by reason of the provisions of any local Act of parliament relat- 
 ing to any district or parish, or any part thereof respectively, difficul- 
 ties have arisen in the execution of this Act and of such local Act or 
 either of them, and praying for a suspension or alteration of all or 
 any of the provisions of such local Act, or for the establishment of 
 
 (a) See section 157, ante (now repealed), and section 33 of 25 & 26 Viet, 
 c. 33, post, for regulations as to breaking up turnpike roads. 
 
 (6) This does not apply to powers contained in a railway Act, per Vice- 
 Chancellor Wood ; London and Blackwall Railway Company v. Board of 
 Works for the Limehouse District, 20 J. P. 789. A subsequent local 
 statute was held not to repeal by implication a general Act with respect to 
 the construction of chimneys ; Hill v. Hall, L. R. 1 Ex. D. (C. A.) 411. 
 See also Improvement Commissioners of Walton v. Walford, 44 L. J. Q. B. 
 74 ; B. v. London and North Western Eaihoay Company, 46 L. J. M. C. 
 102 ; Garnett y. Bradley, Ibid., Ex. 545.
 
 18 & 19 VICT. c. 120, ss. 248250. 143 
 
 other provisions in lieu thereof under this enactment, it shall be Section 248. 
 lawful for Her Majesty, by order in council, to suspend or alter all or . ~T~ 
 any of the provisions of such local Act, and to make other provisions va " ed . "J 
 in relation to the matters thereof as Her Majesty, with the advice of g^Uo 
 her privy council, may think necessary under the circumstances of the pe tition f 
 case ; and every such order in council shall be laid before both houses Boards or 
 of parliament within one month after the making thereof, if parlia- vestries, 
 ment be then sitting, or, if parliament be not sitting, then within 
 one month after the next meeting of parliament, and shall be pub- 
 lished in the London Gazette : Provided always, that no such order 
 in council shall remain in force beyond the term of one year from 
 the making thereof. 
 
 Power to extend Act to adjoining Parishes. 
 
 249. In case and when and so often as it is made to appear to Her Act may be 
 
 Majesty in council, upon the representation of the metropolitan extended by 
 
 board of works (c) that the provisions of this Act should be extended order in 
 
 to any parish adjoining the metropolis, and in which there are not COUQ cil to 
 
 Pus 
 
 J oin 
 not j 
 
 y parish 
 
 less than seven hundred and fifty inhabitants rated to the relief of the 
 poor, it shall be lawful for Her Majesty, with the advice of her privy J oinm & e 
 
 it shall be lawful for Her Majesty, with the advice of her privy 
 council, to order that the provisions of this Act shall extend to such 
 parish, from and after a day to be mentioned in this behalf in the j egs tnan 75^ 
 order in council, and that such parish shall join with any parish or ratepayers 
 parishes or district in such order named in the election from time to 
 time of the member or members of the metropolitan board of works 
 by this Act directed to be elected for such parish or parishes or dis- 
 trict, and to make such provision as to the mode in which every such 
 joint election shall take place, and otherwise in relation thereto, as to 
 Her Majesty in council may seem necessary and proper ; and every 
 such order shall be published in the London Gazette ; and from and 
 after the time mentioned in such order for the extension of the pro- 
 visions of this Act to any parish as aforesaid the provisions of 
 this Act shall extend to and be in force therein, in like manner, 
 so far as circumstances will admit, as such provisions apply to 
 any parish mentioned in schedule (A.) of this Act, subject, never- 
 theless, to the provisions in such order contained in relation to the 
 election by such parish jointly as aforesaid of a member or members 
 of the said metropolitan board : Provided always, that notice of 
 every such representation, and of the time when it shall please Her 
 Majesty to order that the same be taken into consideration by her 
 privy council, shall be published in the London Gazette one month 
 at least before such representation is so considered. 
 
 Interpretation and Commencement of Act. 
 
 250. In the construction of this Act " the metropolis" shall be 
 deemed to include the city of London, and the parishes and places 
 mentioned in the schedules (A.), (B.), and (C.) to this Act ; " the city 
 
 (c) See provision in 25 & 26 Viet. c. 102, s. 42, post, requiring, before 
 any representation is made under this enactment, two months' previous 
 notice to the churchwardens and surveyors of highways of the parish to 
 which the representation relates. 
 
 (d) See interpretation of terms ill section 112 of amending Act, 25 & 26 
 Viet. c. 102, post. 
 
 polls:"
 
 144 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 " the city of 
 London :" 
 " Parish :" 
 
 " Overseers 
 the poor :" 
 
 " Rates :" 
 
 'Owner:' 
 
 Section 250. of London" shall be deemed to include all parts now within the juris- 
 diction of the commissioners of sewers for the city of London ; and 
 the word " parish" shall include any place mentioned in schedule (A.) 
 to this Act, and any place or combination of places mentioned in 
 schedule (B.) to this Act, for which one or more member or members 
 is or are to be elected to any district board ; the expression " the over- 
 seers of the poor (a) shall include any persons authorized to make and 
 collect or cause to be collected the rate for the relief of the poor in any 
 parish ; any expression referring to any rate or rates raised under this 
 Act by the metropolitan board of works or any vestry or district 
 board shall mean the sums and rates authorized to be raised by the 
 said metropolitan board and the sums authorized to be raised by any 
 vestry and district board respectively ; the word " owner" (6) shall, 
 except for the purpose of the provision of this Act requiring notice to 
 be served on owners or reputed owners of land, before application to 
 one of Her Majesty's principal secretaries of state for his consent to 
 exercise powers of taking land, or any right or easement in or over land, 
 compulsorily, mean the person for the time being receiving the rack- 
 rent of the lands or premises in connexion with which the said word 
 is used, whether on his own account or as agent or trustee for any 
 other person, or who would so receive the same if such lands or pre- 
 .mises were let at a rackrent ; the word " street" shall apply to and 
 include any highway (except the carriageway of any turnpike road) 
 and any road, bridge (not being a county bridge), lane, footway, 
 square, court, alley, passage, whether a throughfare or not, and a part 
 of any such highway, road, bridge, lane, footway, square, court, alley, 
 or passage ; the word " drain" shall mean and" include any drain of 
 and used for the drainage of one building only, or premises within the 
 same curtilage, and made merely for the purpose of communicating 
 with a cesspool or other like receptacle for drainage, or with a sewer 
 into which the drainage of two or more buildings or premises occu- 
 pied by different persons is conveyed, and shall also include any drain 
 for draining any group or block of houses by a combined operation 
 under the order of any vestry or district board (d) ; and the word 
 
 ' Sewer :" " sewer" (e) shall mean and include sewers and drains of every descrip- 
 tion, except drains to which the word " drain," interpreted as afore- 
 Ashpit." said, applies ; and the word " ashpit" shall include " dustbin." 
 
 Street :" (c) 
 
 'Drain:' 
 
 (a) In Christie v. The Guardians of the Poor of St. Luke, Chelsea, 27 
 L. J. M. C. 153, it was held to be no objection to a rate made by the 
 guardians of the poor of the parish of St. Luke, Chelsea, pursuant to an 
 order of the vestry, that the order was addressed to the overseers instead of 
 to the guardians. 
 
 (V) The service of a notice under the 69th section of the Public Health 
 Act, 1848, on a person de facto receiving the rent, was held a service on the 
 " owner" within a similar definition ; Peck v. Waterloo, Sfc., Local Hoard 
 of Health, 33 L. J. M. C. 11, and as to under the same enactment where 
 the name of the owner or occupier was unknown; Mason v. Bibby, Ibid. 
 105. 
 
 (c) See Le Neve v. The Vestry of Mile-End Old Town, 27 L. J. Q. B. 
 208, note to section 119, ante. 
 
 (d) Or pursuant to the order, or direction, or with the sanction or 
 approval of the metropolitan commissioners of sewers; section 112 of 
 25 & 26 Viet. c. 102, post. 
 
 (e) See Sutton v. Mayor of Norwich, 27 L. J. Ch. 739, where it 
 was held that the power to construct sewers does not authorize a local 
 board to enter upon a man's land, against his wish, to construct a 
 reservoir.
 
 18 & 19 VICT. c. 120, s. 251, SCHED. (A.) 145 
 
 251. This Act shall commence and come into operation, save as Section 251. 
 herein otherwise provided, on the 1st day of January, 1856. 
 
 Commence- 
 ment of Act. 
 
 SCHEDULE (A.) 
 
 PART I. 
 
 Parishes each electing Two Members of the Metropolitan Board of 
 Works. 
 
 Saint Marylebone. 
 
 Saint Pancras. 
 
 Lambeth. 
 
 Saint George, Hanover Square. 
 
 Islington, Saint Mary. 
 
 Shoreditch, Saint Leonard. 
 
 PART II. 
 
 Parishes each electing One Member of the Metropolitan Board of 
 Works. 
 
 Paddington. 
 
 Saint Matthew, Bethnal Green. 
 
 Saint Mary, Newington, Surrey. 
 
 Camberwell. 
 
 Saint James, Westminster. 
 
 Saint James and Saint John, Clerkenwell, to be considered as one 
 
 parish. 
 Chelsea. 
 
 Kensington, Saint Mary Abbot. 
 Saint Luke, Middlesex. 
 Saint George the Martyr, Southwark. 
 Bermondsey. 
 Saint George in the East. 
 Saint Martin in the Fields. 
 Hamlet of Mile End Old Town. 
 Woolwich. 
 Rotherhithe. 
 Saint John, Hampstead.
 
 146 
 Sched. (B.) 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 SCHEDULE (B.) 
 
 PAEISHES UNITED INTO DISTRICTS FOR THE PURPOSES 
 OF THE ACT. 
 
 PAET I. 
 
 Districts each electing One Member of the Metropolitan Board 
 of Works, 
 
 Name of District. 
 
 Parishes. 
 
 Number of Members to 
 be elected to 
 District Board. 
 
 Whitechapel District- 
 
 Saint Mary, Whitechapel - 
 
 27 
 
 
 Christchurch, Spitalfields - 
 
 12 
 
 
 Saint Botolph, Without 
 
 
 
 Aldgate, in the county of 
 
 
 
 Middlesex - - - 
 
 6 
 
 
 Holy Trinity, Minories - 
 Saint Katherine, Precinct 
 
 1 
 
 
 of 
 
 1 
 
 
 Mile End New Town, 
 
 
 
 Hamlet of - 
 
 6 
 
 
 Liberty of Norton Folgate 
 Old Artillery Ground 
 
 3 
 
 1 
 
 
 Tower, District of (a) 
 
 1 
 
 
 TOTAL 
 
 58 
 
 Westminster District 
 
 Saint Margaret 
 
 30 
 
 
 Saint John the Evangelist 
 
 27 
 
 
 TOTAL 
 
 57 
 
 Greenwich District - 
 
 Saint Paul, Deptford, in- 
 
 
 
 cluding Hatcham - 
 Saint Nicholas, Deptford - 
 
 21 
 6 
 
 
 Greenwich 
 
 30 
 
 
 TOTAL 
 
 57 
 
 Wandsworth District 
 
 Clapham ... 
 
 18 
 
 
 Tooting Graveney - 
 
 3 
 
 
 Streatham 
 
 9 
 
 
 Saint Mary, Battersea, 
 
 
 
 excluding Penge - 
 
 12 
 
 (a) See as to transfer of powers, &c., for paving Tower Hill, transferred to 
 Whitechapel district under section 90 of this Act ; JR. v. Trustees of Tower 
 Hill, cited in note to section 90, ante.
 
 18 & 19 VifcT. c. 120, SCHED. (B.) 
 
 Kame of District. 
 
 Parishes. 
 
 Number of Members to 
 be elected to 
 District Board. 
 
 Wandsworth District 
 continued. 
 
 Hackney District 
 
 Saint Giles District - 
 Holborn District - - 
 
 Strand District - - 
 
 Fulham District - - 
 Limeliouse District - 
 
 Wandsworth - 
 Putney, including Roe- 
 hampton - 
 
 TOTAL 
 
 Hackney - 
 Saint Mary, Stoke New- 
 ington - - - - 
 
 TOTAL 
 
 Saint Giles in the Fields - 
 Saint George, Bloomsbury 
 
 TOTAL 
 
 Saint Andrew, Holborn 
 above Bars - 
 Saint George the Martyr - 
 Saint Sepulchre, in the 
 county of Middlesex 
 Saffron Hill, Hatton 
 Garden, Ely Rents, and 
 Ely Place - 
 The Liberty of Glass-house 
 Yard .... 
 
 TOTAL 
 
 Saint Anne, Soho 
 St. Paul, Covent Garden - 
 Saint John the Baptist - 
 Savoy, or Precinct of 
 the Savoy - 
 Saint Mary-le-Strand 
 St. Clement Danes - 
 Liberty of the Rolls 
 
 TOTAL - - - 
 
 Saint Peter and Saint 
 Paul, Hammersmith 
 Fulham - 
 
 TOTAL 
 
 Saint Anne, Limehouse - 
 Saint John, Wapping 
 Saint Paul, Shadwell 
 Ratcliff, Hamlet of - 
 
 TOTAL 
 
 9 
 6 
 
 57 
 
 51 
 6 
 
 57 
 
 27 
 21 
 
 48 
 
 24 
 9 
 
 6 
 
 9 
 1 
 
 49 
 
 18 
 9 
 
 1 
 3 
 15 
 3 
 
 49 
 
 24 
 15 
 
 39 
 
 15 
 3 
 6 
 12 
 
 36 
 
 147 
 
 Sched. (B.) 
 
 L 2
 
 148 
 
 METKOPOLIS LOCAL MANAGEMENT. 
 
 Sched. (B-) 
 
 Name of District. 
 
 Parishes. 
 
 Number of Members tc 
 be elected to 
 District Board. 
 
 Poplar District - - 
 
 All Saints, Poplar - 
 Saint Mary, Stratford-le- 
 Bow ---- 
 Saint Leonard, Bromley - 
 
 24 
 
 9 
 15 
 
 
 TOTAL 
 
 48 
 
 Saint Saviour's Dis- 
 
 Christ Church 
 
 15 
 
 
 the Liherty of the 
 Clink) 
 
 24 
 
 
 TOTAL 
 
 39 
 
 PAET II. 
 
 Districts united for electing one Member of the Metropolitan Board 
 of Works. 
 
 Name of District. 
 
 Parishes. 
 
 Number of Members to 
 be elected to 
 District Board. 
 
 / Plumstead District 
 
 united with 
 < 
 Lewisham District 
 
 Charltoii next Woolwich - 
 Plumstead - 
 Eltham - 
 Lee .... 
 Kidbrooke 
 
 TOTAL 
 
 Lewisham, including Syd- 
 enham Chapelry 
 Hamlet of Penge - 
 
 TOTAL 
 
 9 
 12 
 6 
 9 
 1 
 
 37 
 
 24 
 3 
 
 27 
 
 PAET III. 
 
 Parish and District united for electing one Member of the Metropolitan 
 Board of Works. 
 
 The Parish of Ro- 
 therhithe - 
 
 united with 
 
 Saint Olave 
 trict 
 
 Saint Olave 
 
 Saint Thomas, Southwark 
 
 Saint John, Horsleydown - 
 
 TOTAL - 
 
 28
 
 18 & 19 VICT. c. 120, SCHEDS. (C.), (D.) 149 
 
 SchecUC.) 
 SCHEDULE (C.) 
 
 The Close of the Collegiate Lincoln's Inn. 
 
 Church of Saint Peter. Gray's Inn. 
 
 The Charter House. Staple Inn. 
 
 Inner Temple. Furnival's Inn. 
 Middle Tempie. 
 
 SCHEDULE (D.) 
 MAIN SEWEKS OF THE METROPOLIS. 
 
 NORTH SIDE OF THE THAMES. 
 
 Stamford Brook (West Branch). 
 
 Commences at an angle in the boundary between the parishes ol 
 Hammersmith and Acton, on the south of the Uxbridge and London 
 Road, and tangent to a footpath running south from East Acton 
 Lane, extending thence in a south-easterly direction to Paddenswick 
 Green, when it joins the east arm of the said brook. 
 
 Stamford Brook (East Branch). 
 
 Commences at a point on the boundary between the parishes of 
 Hammersmith, Willesden, and Acton, about 100 feet north-east of 
 the Old Oak Bridge over the North-Western Kailway, extending 
 thence in a southerly direction to Paddenswick Green. 
 
 The united streams of the above two branches discharge into 
 Hammersmith Creek. 
 
 Brook Green Sewer. 
 
 Commences in Wood Lane, at the keeper's lodge, on the south side 
 of Wormwood Scrubs, and discharges into the river Thames by two 
 nutlets, viz., Bridge Road and Queen Street, on the east side of 
 Hammersmith Suspension Bridge. 
 
 A branch from the above commences in New Road, at the north 
 end of the Grove, and joins the main sewer at Broadway, Hammer- 
 smith. 
 
 Fulham Sewer. 
 
 Commences at a sluice in the moat surrounding the Bishop of 
 London's Palace, on the west side of the junction of High Street. 
 Fulham, with the Fulham Road, and discharges into the Thames 
 under the toll-house of Fulham Bridge.
 
 150 METROPOLIS LOCAL MANAGEMENT. 
 
 Sched. (D.) 
 
 Eel Brook Sewer. 
 
 Commences at a point in North End Road, about 80 feet north- 
 west of Walham Green Church, and discharges into Kensington 
 Canal on the south-east side of the Imperial Gasworks. 
 
 Counter's Greek Sewer (Main Line). 
 
 Commences at a point in the Harrow Road, about 200 feet west of 
 Kensal Green. Cemetery Gate, and discharges into the Thames at 
 the outlet now forming on the south-west side of Cremorne Gardens. 
 
 Counter's Creek Sewer (West Branch). 
 
 Commences at a culvert under the Grand Junction Canal, on 
 the boundary between the parishes of Kensington and Hammer- 
 smith, at the south-west corner of Kensal Green Cemetery, and 
 joins the above main line at Latimer Road at its junction with the 
 Bromley Road. 
 
 Counter's Creek Sewer (East Branch). 
 
 Drains the whole of Kensal New Town, situate in a detached 
 portion of the parish of St. Luke, Chelsea, and part of the parish of 
 St. Mary, Paddington, and passes under the Great Western Railway 
 at a bridge leading to Portobello Lane, on the south-east side of 
 the Western Gasworks, and joins the main sewer at a point about 
 a quarter of a mile north-west of Netting Barn Farm. 
 
 Counters Creek Sewer (Kensington Branch). 
 
 Commences in Victoria Grove at about 50 feet to the north of 
 Uxbridge Road, and joins the main line at the junction of Pembroke 
 and Warwick Roads. 
 
 Sewer to the Metropolitan Sewage Manure Works. 
 
 Commences at Knightsbridge at its junction with the Ranelagh 
 Sewer, and extends thence in a south-westerly direction to the works 
 at Stanley Bridge. 
 
 Mill-man's Row Sewer. 
 
 Commences in Fulham Road, at about 780 feet west, and at 
 about 230 feet east of the junction of Park Walk with Fulham 
 Road, and discharges into the river Thames opposite to MilJman's 
 Row. 
 
 Church Street Sewer. 
 
 Commences in Gloucester Road at its junction with Canning 
 Place, at about 750 feet south of Hogmore Lane Gate, and dis- 
 charges into the Thames on the south side of Chelsea Old Church.
 
 18 & 19 VICT. c. 120, SCHED. (D.) 151 
 
 Sclied. (D.) 
 
 Quern Street Sewer. 
 
 Commences between Gloucester Road and Hyde Park Gate south, 
 on the south of Kensington Road, and about 300 feet south of Ken- 
 sington Gate, runs through Old Brompton, and discharges into the 
 river Thames on the east side of Chelsea Free Dock. 
 
 Smith Street Sewer. 
 
 Commences in the Kensington Road at a point about 750 feet 
 west of Prince of Wales Gate, and, extends thence by Rutland 
 Gate, Rutland Street, and Fulhain Road, on the West of Brompton 
 Crescent, and along College and Markham Streets, and discharges into 
 the Thames on the west side of Chelsea Royal Hospital. 
 
 Ranelagh Sewer. 
 
 The branch sewers from Edgware Road, Finchley Road, and 
 Kilburn Vale unite at Kilburn Bridge, and form the main line, 
 which, running in a southerly direction, discharges into the river 
 Thames on the south-east side of Chelsea Royal Hospital. 
 
 This sewer has several branches, the chief of which commences 
 in Grove End Road, at about 900 feet west of St. John's Wood 
 Road, extending thence by Lisson Grove, New Road, Grand Junc- 
 tion Road, and Albion Street, to a tumbling bay, where it joins the 
 main sewer in Uxbridge Road. 
 
 King's Scholars? Pond Sewer. 
 
 Commences in the Finchley Road, at about 1,500 feet above 
 Junction Road toll gate, and discharges into the river Thames at the 
 Equitable Gasworks, about 700 feet above Vauxhall Bridge. 
 
 King's Scholars' Pond Sewer (Pall Mall Branch). 
 
 Commences at Waterloo Place, and joins the main line opposite 
 the entrance of Buckingham Palace. 
 
 Grosvenor Ditch. 
 
 Commences in Page Street, about 150 feet east of the junction 
 with Regent Street, Vauxhall Bridge Road, and discharges into the 
 river Thames at the northern extremity of Millbank Road. 
 
 Horseferry Eoad Sewer. 
 
 Commences in Grey-coat Place, and discharges into the river 
 Thames at the Horseferry Stairs. 
 
 Wood Street Sewer. 
 
 Commences in Grey-coat Place, and discharges into the river 
 Thames in the prolongation of Wood Street.
 
 152 METROPOLIS LOCAL MANAGEMENT. 
 
 Sche(UD.) 
 
 Victoria Street Sewer. 
 
 Commences at Shaftesbury Terrace, Pimlico, and discharges into 
 the Thames at Percy Wharf. 
 
 Regent Street Sewer (Western Branch). 
 
 Commences in the outer circle of the Regent's Park, at about 200 
 feet north-west of Hanover Gate entrance, and joins the eastern 
 branch in the New Road, opposite to the prolongation of Portland 
 Place. 
 
 Regent Street Sewer (Eastern Branch), 
 
 Commences in Upper Albany Street, about 200 feet south of Col- 
 lateral Cut Bridge over the Regent's Canal, and joins the western 
 branch at the aforesaid point in the New Road. 
 
 The main sewer proceeds thence along Regent Street, and dis- 
 charges into the river Thames at Percy Wharf. 
 
 Northumberland Street Sewer ( Western Branch). 
 
 Commences in Warren Street, on the north of Fitzroy Square, and 
 proceeds in a southerly direction along Cleveland, Newman, War- 
 dour, Princes, and Panton Streets, Haymarket, to Charing Cross, 
 opposite the district post office. 
 
 Northumberland Street Sewer (Eastern Branch). 
 
 Commences in New Road, at about 170 feet west of the junction with 
 Hampstead Road, and proceeds along Tottenham Court Road, High 
 Street, Seven Dials, and St. Martin's Lane, to Charing Cross, when 
 it joins the western branch. 
 
 The main line proceeds along Northumberland Street, and dis- 
 charges into the Thames at Northumberland Wharf. 
 
 Savoy Street Sewer. 
 
 Commences in Stanhope Street, Regent's Park Basin, at a point at 
 about 160 feet north of the junction with Edward Street, and proceeds 
 along Robert, George, Gower, Charlotte, Bloomsbury, Endell, Bow, 
 Wellington, and Savoy Streets, and discharges into the Thames at a 
 point about 100 feet above Waterloo Bridge. 
 
 Norfolk Street Sewer. 
 
 Commences at the junction of Drury Lane and Long Acre, and 
 passes by the Olympic Theatre, and along Newcastle Street and 
 Strand, and discharges into the river Thames opposite Norfolk 
 Street.
 
 18 & 19 VICT. c. 120, SCHED. (D). 153 
 
 ScheMD.) 
 
 Essex Street Sewer (Western Branch). 
 
 Commences in Russell Square, opposite Montague Place, and pro- 
 ceeds along Montague, Russell, and Museum Streets, Drury Lane, 
 Great Wild Street, and Vere Street, to the junction of the eastern 
 branch at the intersection of Sheffield and Gilbert Streets, Clare 
 Market. 
 
 Essex Street Sewer (Eastern Branch). 
 
 Commences at the corner of Tottenham Court Road, and proceeds 
 along New Oxford Street, Newton Street, and Cross Lane, Parker 
 and Great Queen Streets, west side of Lincoln's Inn Fields, to the 
 junction with the western arm above described. 
 
 The main sewer proceeds thence along Gilbert Street, Clement's 
 Lane, Pickett Street, and Essex Street, and discharges into the river 
 Thames at Temple Pier. 
 
 Fleet Sewer. 
 
 Commences in High Street, Hampstead, at the junction of High 
 Street with Flask Walk, extending thence through South End Green, 
 Gordon House Lane, Victoria Road, Great College Street, Old St. 
 Pancras Road, Bagnigge Wells Road, west of Middlesex House of 
 Correction, and by Farringdon Street to Blackfriars Bridge, where it 
 discharges into the river Thames. 
 
 This sewer has numerous tributaries running into other districts, 
 the chief of which are Camden Road, Caledonian Road, Pentonville 
 Hill, River Street, St. John's Road, Holborn Hill, and Guildford 
 Street. 
 
 Goswell Street Sewer. 
 
 Commences in Sydney Street, at the junction of Sydney Grove, 
 and discharges into the Thames at Walbrook. 
 
 London Bridge Seiver (City Road Branch). 
 
 Commences at Duncan Terrace, on the west side of the New 
 River, and joins the main line at the north end of Finsbury Pave- 
 ment. 
 
 Another branch commences in Lonsdale Square, Islington, and 
 extending thence through Barnsbury Street, Richmond Grove, passes 
 under the New River at New North Road Bridge, thence along Port- 
 land Place, King Street, under the Regent's Canal, by Sturt's Lock, 
 Walbrook Street, and Critchill Place, where it joins another branch 
 at St. John's Church, Hoxton. 
 
 London Bridge Seiver (Balls Pond Branch). 
 
 Commences on the boundary between St. Mary, Islington, and St. 
 John, Hackney, at Cock and Castle Lane, Dalston, and passes by 
 Ball's Pond and Rosemary Branch Bridge to the junction at St. 
 John's Church, above described. The united sewers then discharge 
 into the river Thames at London Bridge.
 
 154 METROPOLIS LOCAL MANAGEMENT. 
 
 SchecUD.) 
 
 London Bridge Sewer (Shoreditch Branch.) 
 
 Commences in Queen's Road, at the junction with Laurel Street, 
 Dalston, and extending thence along Queen's Road, Great Cambridge 
 Street, Hackney Road, Shoreditch, and Bishopsgate, joins the main 
 line at King William's statue. 
 
 Irongate Sewer. 
 
 Commences in the City, and proceeds along the south-west side of 
 Houndsditch, west side of Minories, and by the precincts of Old 
 Tower Without, and discharges into the river Thames at Irongate 
 Stairs, on the east of the Tower. 
 
 Nightingale Lane Sewer. 
 
 Commences in Union Street, Old Artillery Ground, and Booth 
 Street, Spitalftelds, and extends thence along Commercial, Leonard, 
 Wells, and Parson Streets, and Nightingale Lane, and discharges into 
 the Thames on the western side of the entrance into Hermitage 
 Basin. 
 
 Hermitage Street Sewer. 
 
 Commences in Redmead Lane, on the boundary between the 
 parishes of St. John, Wapping, and St. George-in-the-East, and ex- 
 tends thence along Great Hermitage Street, and discharges into the 
 river Thames at about 50 feet east of Union Stairs. 
 
 Old Gravel Lane Sewer. 
 
 Commences at the boundary between the parishes of St. George- 
 in-the-East and St. John, Wapping, in Old Gravel Lane, and dis- 
 charges into the river Thames at a point about 110 feet west of the 
 Thames Tunnel. 
 
 Wapping Wall Sewer. 
 
 Commences in Green Bank, at the junction of Upper Well Alley, 
 and passes through King Street, and discharges into the river Thames 
 at about 120 feet on the north-east side of New Crane Dock. 
 
 Shadwell Basin Sewer. 
 
 Commences on the north side of the Eastern Dock, at the ter- 
 mination of West Gardens, and extends thence between the ware- 
 houses and New Gravel Lane, on the north side of Shadwell Basin, 
 and along Shadwell Dock Street, and discharges into the river 
 Thames at the eastern pier of the Shadwell entrance to the London 
 Docks.
 
 18 & 19 VICT. c. 120, SCHED. (D). 155 
 
 SchedUD.) 
 
 Pennington Street Sewer. 
 
 Commences at the boundary between the parishes of St. George- 
 in-the-East and St. John, Wapping, in St. George Street, and extends 
 thence along Pennington Street, Old Gravel Lane, West Gardens, 
 Cow Lane, Little Spring Street, Labour-in- Vain Street, and Lower 
 Shadwell, and discharges into the river Thames at Shadwell Dock 
 Stairs. 
 
 Eatdiffe Highway Sewer (Western Branch). 
 
 Commences at the junction of Sherwood Place, with Meed Street, 
 at about 900 feet south-east of Shoreditch Church, and extends along 
 Turvile, Thomas, and High Streets, and Whitechapel Koad, to the 
 junction of New Road with Whitechapel Road. 
 
 Ratdiffe Highway Sewer (Eastern BrancJi). 
 
 Commences at the junction of Hague Street with Bethnal Green 
 Road, and extends along Hague Street, Wellington, and Charles 
 Streets, to the junction of New Road with Whitechapel Road, above 
 described. 
 
 Ratdiffe Highway Sewer (North-Eastern Branch). 
 
 Commences from the rear of Shoreditch Church, and proceeds 
 along Old Castle Street, Virginia Row, Wellington Row, Old Bethnal 
 Green Road, Cambridge Road, Cleveland Street, King Street, 
 Jamaica Street, Havering Street, and Love Lane, to Ratcliffe 
 Highway. 
 
 The main sewer proceeds along New Road, Cannon Street Road, 
 St. George's Street, High Street, Shadwell, and Broad Street, and 
 discharges into the river Thames at Ratcliff Cross Stairs. 
 
 Limekiln Dock Sewer. 
 
 Commences at the junction of Victoria Road with Bishop's Road, 
 on the south-western side of Bonner's Hall Bridge, leading into 
 Victoria Park, and extends along Victoria Road, east side of Bethnal 
 Green, Globe Road, White Horse Lane, and Rhodeswell Road, and 
 passes under the Regent's Canal at Rhodeswell Wharf, thence along 
 the Black Ditch, Upper North Street, and North Street, ami dis- 
 charges into the river Thames at Limekiln Dock. 
 
 Great Sluice and Drunken Dock Sluice. 
 
 These sluices are situated on the eastern side of the Isle of Dogs, 
 and drain the whole of that part of the isle south of the West India 
 Dock Basin. They have four inlet sluices for purposes of flushing.
 
 156 METROPOLIS LOCAL MANAGEMENT. 
 
 ScheMD.) 
 
 SlacTcwall Sluice. 
 
 Commences at Batson's Inlet, near Limehouse entrance to the 
 West India Dock, and discharges into the Thames on the north side 
 of the Blackwall entrance to the West India Dock. 
 
 Eastern, Counties Railway Sewer. 
 
 Commences at Mile End Bridge, over the Regent's Canal in Bow 
 Road, proceeds along Bow Road, Tredegar Square, and by the rail- 
 way, and discharges into the river Lea, where the viaduct of the said 
 railway crosses that river. 
 
 Hackney Brook Sewer (Main Line). 
 
 Commences in the High Road opposite to St. John's Church, 
 Upper Holloway, and extends thence in a south-east direction along 
 Holloway Road to a point about 450 feet south of Tollington Road, 
 thence in an easterly direction by the north of Abney Park Ceme- 
 tery, Hackney Downs, and Hackney Wick, and discharges into the 
 river Lea, immediately to the north of Old Ford Wharf. 
 
 Hackney Brook Sewer (Wick Lane Branch}. 
 
 Commences in Old Ford Road, on the east side of Old Ford 
 Bridge, crossing the Regent's Canal, and extends along Grove Road, 
 Wick Lane, and joins the main sewer at Hackney Wick. 
 
 SOUTH SIDE OF ,THE THAMES. 
 Beverley Brook. 
 
 Commences on the boundary between the parishes of Putney and 
 Wimbledon, at a point about 1,800 feet south of Beverley Bridge, on 
 the Kingston Road, and discharges into the river Thames about half 
 a mile above Putney Town. 
 
 Sewer between Parishes of Putney and Wandsworth. 
 
 Commences on the road from Kingston to Wandsworth, and dis- 
 charges into the river Thames at a point about 1,500 feet below 
 Fulham Bridge.
 
 18 & 19 VICT. c. 120, SCHED. (D.) 157 
 
 Sched. (D.) 
 
 Watidle River. 
 
 Commences at a point where the parishes of Streatham and Toot- 
 ing intersect the river, and discharges into the river Thames at the 
 town of Wandsworth. 
 
 Falcon Brook. 
 
 Commences at Tooting Common, and discharges into the river 
 Thames at Battersea Creek. 
 
 Lord Spencer's Seiver. 
 
 Commences in the town of Battersea, and extends in an easterly 
 direction through Battersea Park, and discharges into the river 
 Thames at about 400 feet below Battersea New Bridge. 
 
 Heath Wall Sewer (Main Line). 
 
 Commences at the Falcon Brook at a sluice about 300 feet north 
 of the South- Western Railway, and extending along the south 
 margin of Battersea Fields, discharges into the Thames at Heath 
 Wai? Mill. 
 
 Heath Wall Sewer (Glapham Rise Branch). 
 
 Commences on the boundary between the parishes of Clapham 
 and Lambeth at the intersection of New Road with Clapham Rise, 
 and extends along the east .side of Clifton Street, and joins the main 
 sewer at a point about 100 feet north-east of New Road, Battersea 
 Fields. 
 
 Effra Sewer. 
 
 Commences at the boundary between the parishes of St. Mary, 
 Lambeth, and Croydon, in Westow Hill Road, immediately opposite 
 to the convent of " Our Lady," and discharges into the river Thames 
 at Vauxhall Creek, on the south side of the Phoenix Gasworks, and 
 near to Vauxhall Bridge. 
 
 Effra Sewer (Upper Norwood Branch). 
 
 Commences in Westow Hill Road on the boundary between the 
 parishes of Lambeth and Croydon, at about 200 feet west of the 
 Crystal Palace Hotel, and proceeds northward along the boundary 
 between the parishes of St. Mary, Lambeth, and St. Giles, Camber- 
 well, and joins the main sewer at a point about 230 feet west of 
 Croxted Lane. 
 
 Duffield and Battle Bridge Sewers. 
 
 These sewers drain the most densely inhabited portions of the 
 south side. The inlets for flushing purposes are at Kennington,
 
 158 METROPOLIS LOCAL MANAGEMENT 
 
 SchecLCD.) 
 
 Vauxhall, Lambetli Church, and Stangate. The outlets are by the 
 following sluices, viz., the Arnold and Dover Sluices, near Waterloo 
 Bridge ; Pudding Mill, near Blackfriars Bridge ; the Boar's Head, 
 Welsh Troopers, Black Lion, and Bear Sluices, near Southwark 
 Bridge ; the Bridge Yard, Battle Bridge ; and Green Bank, in St. 
 Olave, Southwark ; Freeman's Lane, St. John Jerusalem ; and Great 
 St. John, in Horsleydown ; and the Salisbiiry and Duffield Sluices, 
 in Bermondsey. 
 
 Limekiln Sluice. 
 
 Drains the open fields of parts of the parish of Rotherhithe, and 
 proceeds along Swan Lane, and discharges into the river Thames at 
 about 300 feet east of the Thames Tunnel. 
 
 Globe Stairs Sewer. 
 
 Drains the Northern Basin of the Commercial Dock Company, 
 and extends along the eastern side of St. Paul's Church, Rotherhithe, 
 and part of Rotherhithe Street, and discharges into the river Thames 
 at Globe Stairs. 
 
 Sewer at Durand's Wharf (Rotherhithe). 
 
 Commences to the south-east of Bull-Head Dock, Rotherhithe, 
 and pursues an easterly course by Rotherhithe and Lower Queen 
 Street, and discharges into the river /Thames at a " 10 footway/' 
 opposite to Cow Lane. 
 
 Rotherhithe Pier Sewer. 
 
 Commences in Trinity Street, at a point about 400 feet south of 
 Cow Lane, and proceeds along Trinity Street, and discharges into the 
 river Thames at Rotherhithe Boat Pier. 
 
 Earl Sewer (Main Line). 
 
 Commences in Cold Harbour Lane, at a point about 1,100 feet 
 north-east of its junction with Loughborough Road, and proceeds 
 along High Street, Camberwell, Camberwell Road, Boundary Lane, 
 and eastward along the boundaries of several parishes, and discharges 
 into the river Thames on the boundary between the counties of 
 Surrey and Kent, near to. the Royal Dock Yard, Deptford. 
 
 Earl Sewer (Wyndham Road Branch). 
 
 Commences on the east side of Kennington Park, and proceeds 
 along New Row, and southward on the east of Thomas Street, east- 
 ward along Wyndham Road, and joins the main sewer at a point 
 about 100 feet south of Southampton Street, Camberwell.
 
 18 & 19 VICT. c. 120, SCHEDS. (D.), (E.) 159 
 
 ScheMD.) 
 
 Earl Sewer (White Post Lane Branch}. 
 
 Commences in Victoria Eoad, at the junction with Choumert Place 
 and Cutthroat Lane, near Peckham Eye, and proceeds along Victoria 
 Koad, Hanover Street, Eye Lane, High Street, Meeting House Lane, 
 Halfway House Lane, and White Post Lane, and joins the main 
 sewer at the junction of the parishes of Eotherhithe, St. Paul's, Dept- 
 ford, and St. Giles, Camberwell. 
 
 Royal Dock Yard Sewer. 
 
 Commences on the east of Black Horse Bridge, and extends east- 
 ward on the south side of the Mast Pond, and discharges into the 
 river Thames opposite to the Eoyal Victualling Yard. 
 
 Ravensbourne and Sydenham Sewer. 
 
 Commences at Bell Green, and extends along and by Catsford Hill 
 Eoad, Lewisham, and Bromley Eoad, Silver Street, Loam Pit Vale, 
 and Mill Lane, and discharges into Deptford Creek at Parish Wharf, 
 near Kingsford Mill. 
 
 Ravensbourne and Lee Green Seiver. 
 
 Commences in the Eltham Eoad, about 300 feet east of Lee Green, 
 and proceeds along Lee Eoad, Lewisham Eoad, Bath Place, Egerton 
 Eoad, and North Pole Lane, to a pumping station, where it dis- 
 charges into Deptford Creek, at a point about 400 feet north of the 
 London and Greenwich Eailway. 
 
 Horseferry Road (Greenwich). 
 
 Commences in Caroline Street and Eoan Street, and proceeds 
 along Union and Bridge Streets, and discharges into the river 
 Thames at Horseferry. 
 
 SCHEDULE (E.) 
 
 Form of Mortgage of Rates. 
 
 Mortgage, Number ( ). 
 
 By virtue of an Act passed in the year of the reign of 
 
 Queen Victoria, intituled [here insert the title of this Act], the metro- 
 politan board of works, or the board of works for the district of , 
 or the vestry of the parish of (as the case may be), in considera- 
 tion of the sum of paid to by A. B., of , for 
 the purposes of the said Act, do grant and assign unto the said A. B., 
 his executors administrators, and assigns, all [here describe the moneys 
 or rates to be mortgaged], to hold to the said A. B., his executors, 
 administrators, and assigns, from the day of the date hereof until the
 
 160 METROPOLIS LOCAL MANAGEMENT, 
 
 Sched. (E.) said sum of , with interest at the rate of per centum 
 
 per annum for the same, shall be fully paid and satisfied ; and it is 
 hereby declared that the said principal sum shall be repaid on 
 the day of , and that in the meantime the interest 
 
 thereof shall be paid on the day of and the 
 
 day of in every year. 
 
 In witness whereof the metropolitan board of works, or the said 
 district board, or the said vestry (as the case may be), have hereunto 
 set their seal, this day of , one thousand eight hun- 
 
 dred and 
 
 SCHEDULE (F.) 
 
 Form of Transfer of Mortgage. 
 
 I, A. Jj. of in consideration of the sum of pounds 
 
 paid to me by 0. J). of , do hereby transfer to the said 0. D., 
 
 his executors, administrators, and assigns, a certain mortgage, number 
 , bearing date the day of , and made by the 
 
 metropolitan board of works, or the board of works for the district 
 of , or the vestry of the parish of , for securing the 
 
 sum of and interest [or, if such transfer be by indorsement on 
 
 the mortgage, insert, instead of the words after " assigns," the within 
 security], and all my property, right, and interest in and to the 
 money thereby secured, and in and to the moneys thereby assigned. 
 
 In witness whereof I have hereunto set my hand and seal, this 
 day of , one thousand eight hundred and 
 
 A. B. (L. s.)
 
 AN ACT 
 
 TO AMEND THE ACT OF THE LAST SESSION OF PAR- 
 LIAMENT, CHAPTER ONE HUNDRED AND TWENTY, 
 FOR THE BETTER LOCAL MANAGEMENT OF THE 
 METROPOLIS. 
 
 19 & 20 VICT. CAP. 112. 
 
 29TH JULY, 1856. 
 
 WHEREAS it is expedient to amend the Act of the last session of Section 1. 
 
 parliament, chapter one hundred and twenty, " for the better Local 
 
 Management of the Metropolis," as hereinafter mentioned : Be it ^ & ^ Viet. 
 
 therefore enacted by the Queen's most excellent Majesty, by and with c> ^^. 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same as follows : 
 
 1. Where at the time of the passing of the said Act the power of Church rates 
 
 making church rates or rates of the nature of church rates (a) in any where made in 
 
 parish was vested in any open vestry, or in any meeting in the nature P en vestl 7 
 
 of an open vestry meeting, or in any meeting of the parishioners, before passing 
 
 (a) The Compulsory Church Rates Abolition Act, 1868, 31 & 32 Viet. c. 
 109, enacts, section 1, that after its passing, no suit shall be instituted or 
 proceedings taken in any ecclesiastical or other court, or before any justice 
 or magistrate to enforce or compel the payment of any church rate made in 
 any parish or place in England or Wales. 
 
 Section 3 enables church rates to be levied in any parish for paying off 
 any sum of money due on the security of Church rates, or of rates in the 
 nature of church rates. 
 
 Certain enactments and proceedings are excepted from the operation of 
 the Act, which contains provisions relative to rates applicable partly to 
 ecclesiastical purposes and partly to other purposes, and with respect to 
 other matters. 
 
 Where money was advanced under 5 Geo. 4 c. 36 by commissioners of 
 public works on the security of certain rates, the commissioners were held 
 not to be deprived of their security, even if, as alleged, the money had been 
 improperly expended; Rippin v. Bastin, 2 L. R. Ecc. Cas. 386. 
 
 Where by 5 Geo. 4, c. 3fi churchwardens were empowered to borrow 
 money of the public works loan commissioners to be repaid by instalments 
 within twenty years at the furthest, it was held, reversing the judgment 
 of the Queen's Bench, that the statute expressly and impliedly forbade 
 the making of a rate after twenty years ; B. v. Churchwardens of All 
 Saints, Wigan, 41 J. P. 132. 
 
 M
 
 162 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 1. inhabitants, or ratepayers generally, or of such of the parishioners, 
 
 inhabitants, or ratepayers as were rated at or above any specified 
 
 of the Act _ amount or value (whether such vestry or meeting were hold en for the 
 
 18 9 
 
 T9A , , 
 
 c. 120, to con- gj^-Q n()t be Deemed to have become vested in the vestry constituted 
 tmue to be so ^ guch ^^ under ^ Raid Act? but shall be exercised as if the 
 
 said Act has not been passed : Provided (a) always, that this Act 
 shall not affect any such rate made before the passing thereof by any 
 such vestry as last aforesaid. 
 
 Nothing in 2. Nothing in the said Act or this Act shall affect or be deemed to 
 
 this Act or in have affected any power of electing or appointing churchwardens or 
 
 18 & 19 Viet, making church rates, or other power which, at the time of the pass- 
 
 c. 120, to affect ing of the said Act, was vested in any such open vestry or meeting as 
 
 ecclesiastical aforesaid, or any elected or other vestry, where such vestry or meet- 
 
 districts (&). j n g aC S exclusively for any district (by whatever denomination dis- 
 tinguished) created for ecclesiastical (c) purposes only. 
 
 Other powers 3. Save as hereinbefore otherwise provided, all the duties, powers^ 
 of vestries and an< l privileges (including such as relate to the affairs of the church, 
 like meetings or the management or relief of the poor, or the administration of any 
 declared to money or other property applicable to the relief of the poor), which 
 have been might have been performed or exercised by any open or elected or 
 transferred to other vestry or any such meeting as aforesaid in any parish, under 
 vestries under any local Act or otherwise, at the time of the passing of the said Act 
 Act 18 & 19 of the last session, shall be deemed to have become transferred to and 
 Viet. c. 120, vested in the vestry constituted by such last-mentioned Act ; except 
 except powers so f ar as anv S uch duties, powers, or privileges may in the case of a 
 transferred parish included in any district mentioned in schedule (B.) to the 
 said Act be vested by section ninety thereof in the board of works of 
 such district : Provided that aU duties and powers relating to the 
 affairs of the church, or the management or relief of the poor, or the 
 
 (a) This proviso is among the enactments which have ceased to bo iu 
 force, &c. ; expressly repealed by Statute Law Revision Act, 1875. 
 
 (b) See as to the right of a rector in a newly created parish under a 
 private Act of Parliament to appoint one of the churchwardens ; Green v 
 the Queen, L. R. 1 App. Ca. H. L. 513. 
 
 (c) The expression " ecclesiastical purposes" by the Church Rate Abolition 
 Act, 1868, is defined to mean the building, rebuilding, enlargement, and 
 repairing of any church or chapel, and any purpose to which by common or 
 ecclesiastical law a church rate is applicable. 
 
 (d) These "duties, powers, and privileges" relate to the same matters as 
 the " duties, powers, and authorities " mentioned in the original Act, the 
 18 & 19 Viet. c. 120, s. 90, and do not apply to the right of presentation to 
 a church vested in trustees in trust for the parishioners and inhabitants ; 
 Carter v. Cropley, 26 L. J. Ch. 246; nor to the right of electing 
 almspeople to a charity vested by the deed of foundation in the minister, 
 churchwardens, overseers of the poor, and such of the parishioners as should 
 pay taxation to the poor, and should not keep inmates or poor lodgers ; 
 Attorney- General v. The Drapers' Company, 22 J. P. 514; (Kindersley 
 V. C.) 27 L. J. Ch. 542. See as to appointment of trustee of a charity 
 by the vestry, constituted by Metropolis Local Management Act, Ee Hayles's 
 Estate., 31 L. J. Ch. 612. This enactment has not repealed the pro- 
 viso in the 197th section of the 18 & 19 Viet. c. 120, excepting from the 
 operation of the Act accounts subject to the audit of an auditor, under the 
 4 & 5 Will. 4, c. 76. See S. v. Directors of Poor of St. Pancras, 27 
 L. J. M. C. 281.
 
 19 & 20 VICT. c. 112, ss. 3, 4. 163 
 
 administration of any money or other property applicable to the Section 3. 
 
 relief of the poor, which at the time of the passing of the said Act 
 
 were vested in or might be exercised by any guardians, governors, 
 
 trustees, or commissioners, or any body, other than any open or 
 
 elected or other vestry, or any such meeting as hereinbefore mentioned, 
 
 shall continue vested in and be exercised by such guardians, governors, 
 
 trustees, or commissioners, or other body as aforesaid (e). 
 
 4. It shall be lawful for any person occupying any tenement within Occupiers 
 any parish to claim to be rated to the relief of the poor in a ? * laim 1 
 respect thereof in the rate for the time being, and in all rates to be ( 
 thereafter made in respect of such tenement, whether the landlord be 
 or be not liable to be rated to the relief of the poor in respect 
 thereof (/) ; and upon such occupier so claiming, by notice in writing 
 left at the office or place of residence of the overseers of the poor of 
 the parish, or one of them, and actually paying or tendering at such 
 office or place of residence the full amount of the last-made rate then 
 payable in respect of such premises, such overseers are hereby required 
 to put the name of such occupier on the rate for the time being, and 
 also, without further claim, to put his name upon every subsequent 
 rate made during the time such occupier continues in the occupation 
 of the same premises ; and in case the said overseers neglect or refuse 
 so to do, such occupier shall nevertheless, for the purposes of the said 
 Act, be deemed to have been rated to the said rate in respect of such 
 premises from the period, at which the rate for the time being in 
 respect of which he so claimed to be rated as aforesaid was made, and 
 thenceforth so long as he continues in the occupation of the same 
 premises (</) : Provided always, that every person so claiming as 
 aforesaid shall in respect of every rate for the relief of the poor 
 made after such claim as aforesaid, while he continues to occupy the 
 same premises, be liable to the same extent and in the same manner 
 as if his name had been put on such rate. 
 
 (e) The power of making poor rates, originally possessed by the vestry of 
 Spitalfields under local Acts, does not fall within this proviso. This is a 
 declaratory Act adverting to the former Act (18 &19 Viet. c. 120, s. 8), and 
 declaring that it was the intention of the legislature to transfer these 
 powers to the new vestry ; Vaughan v. Imray, 28 L. J. M. C. 78. See 
 It, v. Eendle, 30 L. J. M. C. 135, as to transfer to new vestry of power 
 of appointing governors and directors of the poor for the parish of St. John, 
 Southwark. The exceptions in this proviso do not empower the ecclesiastical 
 commissioners to contravene the provisions of 18 & 19 Viet, c. 120, e. 143, 
 and to erect a church beyond the regular line of buildings in a street ; Eccle- 
 siastical Commissioners v. Vestry of Clerkenwell, 25 J. P. 580. See 25 & 26 
 Viet. c. 102, s. 115, post, transferring to the vestry the duties, &c., vested 
 under a local Act in the committee of management of the affairs of the 
 parish of St. Paul, Covent Garden. 
 
 (/) See note to next section. 
 
 (ff) The demand to be rated should be made on the vestry and not on the 
 overseers ; B. v. Islington, 8 L. T. (N.S.) 231. 
 
 A claim to be rated under 2 Will. 4, c. 45, s. 34, and 14 & 15 Viet. c. 14, 
 s. 1, for the parliamentary franchise, to an assistant overseer was held good ; 
 Gaunter v. Adams, 33 L. J. C. P. 68. 
 
 See the decision in Goodhew v. Williams, L. R. 3 C. P. D. 382, referred to 
 in note to section 6 of 18 & 19 Viet. c. 120, Metropolis Management Act, 
 1855, ante, where, under the circumstances of the case, it was held that 
 the defendant was neither " rated " nor " assessed " within that section, 
 and that his liability to the penalty imposed by section 54 was not taken 
 away by the provision in this section. 
 M2
 
 164 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 5. 5. Provided also, that in case where, by any composition with the 
 landlord, a less sum is payable than the full amount of rate 
 which, except for such composition, would be due in respect of the 
 same premises, the occupier claiming to be rated shall not be bound 
 to pay or tender more than the amount then payable under such 
 composition: Provided also, that where, by virtue of any Act of par- 
 liament, the landlord is liable to the payment of the rate for the 
 relief of the poor in respect of any premises occupied by his tenant, 
 nothing herein contained shall be deemed to vary or discharge the 
 liability of such landlord ; but in case the tenant who has been rated 
 for such premises in consequence of any such claim as aforesaid make 
 default in the payment of the rate for the relief of the poor payable 
 in respect thereof, such landlord shall be and remain liable for the 
 payment thereof, in the same manner as if he alone had been rated in 
 respect of the premises so occupied by his tenant. 
 
 Composition 
 
 not to 
 
 be disturbed, 
 
 and landlord's 
 
 liability 
 
 not to be 
 
 affected (a). 
 
 Right of 
 occupier 
 so claiming 
 to vote in 
 elections. 
 
 Payment of 
 church 
 rates not 
 necessary as 
 a qualifica- 
 tion (d). 
 
 6. Any occupier who under this Act is rated or deemed to be rated 
 to the relief of the poor in any parish, and has been so rated or 
 deemed to be rated for one year next before any election of vestrymen 
 or auditors under the said Act, shall be entitled to vote in such elec- 
 tion, and shall for the purposes of the said Act be deemed a ratepayer 
 of such parish, and be entitled to act as such, provided all parochial 
 rates (b), taxes, and assessments; save and except church rates (c), 
 due in respect of the same premises at the time of his so voting or 
 acting, except such as have been made or become due within 
 six months immediately preceding such voting or acting, have been 
 paid ; but such occupier shall not be deemed to be a ratepayer so as to 
 gain a settlement where he would not have gained a settlement if this 
 Act had not been passed. 
 
 7- The provision in section sixteen of the said Act requiring 
 all parochial rates, taxes, and assessments (except as therein excepted) 
 to have been paid shall not be taken to include church rates. 
 
 (a) The 1 3 & 14 Viet. o. 99, with respect to the rating of small tenements, 
 and. so much of any local statute as relates to the rating of owners instead 
 of occupiers, were repealed by the Poor Rate Assessment and Collection 
 Act, 1869, 32 & 33 Viet, c. 41, s. 6; and see provisions in that Act as 
 to agreements by owners of hereditaments not exceeding the rateable value 
 specified (in the metropolis twenty pounds) to pay rates, and as to allowance 
 to owners of commission, orders of vestries for the rating of owners, the 
 constructive payment of rates by the occupier for the purpose of any quali- 
 fication or franchise depending as regards rating upon the payment of the 
 poor rate as to successive occupiers, and occupiers coming into possession of 
 unoccupied hereditaments, and the duty of overseers to insert in the rate the 
 names of occupiers, and as to other matters. ee as to construction of sec- 
 tion 19 of that Act for the purposes of a borough vote ; Cross v. Alsop, 
 L. R. 6 C. P. 315. See also Smith v. Overseers of Seghill, L. R. 10 Q. B. 422 ; 
 Barton v. Town Clerk of Birmingham, L. R. W. N. (1878) p. 230; and Ben- 
 nett v. Atkins, 43 J. P. 191. 
 
 (b) In Palmer v. Earith, 14 M. & W. 428, it was decided that a tenant 
 who consented to pay all parochial and parliamentary taxes, was not bound 
 to pay a sewers rate. The rate in that case was one made by commissioners 
 under an ordinary sewers commission ; but the rate made by vestries or 
 overseers, under the Metropolis Local Management Act, is clearly a paro- 
 chial rate. 
 
 (c) See next section. 
 
 (d) See Tozer v. Child, cited in note to section 15 of 18 & 19 Viet. c. 120, 
 ante, and Compulsory Church Rates Abolition Act, 1868, referred to in note 
 to section 1 of this Act.
 
 19 & 20 VICT. c. 112, ss. 810. ] 55 
 
 8. And whereas by the Act of the session holden in the sixth and Section 
 seventh years of King William the Fourth, chapter ninety-six, " to ' 
 regulate Parochial Assessments," it is required that every rate for Rental to be 
 the relief of the poor shall, in addition to any other particular which determined 
 the form of making out such rate shall require to be set forth, contain by column 
 an account of every particular set forth at the head of the respective headed 
 columns in the form given in the schedule to that Act annexed, so far " Rateable 
 as the same can be ascertained, and in the form in the said schedule are Value" (e). 
 two columns headed respectively "Gross estimated Rental" and 
 Rateable Value :" and whereas by the said Act of the last session it is 
 required that in order to qualify a person to be elected a vestryman 
 or auditor he should be rated to the relief of the poor upon a rental 
 of such amount as therein mentioned : and whereas doubts (/) are 
 entertained which of the amounts specified in the said two columns 
 is to be deemed the " Rental " for the purposes of the last-mentioned 
 Act: 
 
 The amount specified in the said column headed " Rateable Value" 
 
 shall be deemed the " Rental" for the purposes of the last-men- 
 
 tioned Act. 
 
 9. Every meeting of any vestry constituted by the said Act of the Regulation 
 last session, of which and of the special purpose whereof notice is of meetings 
 now by law required to be affixed on or near the principal doors of of vestries 
 the churches and chapels within the parish, may be convened by constituted 
 transmitting through the post or otherwise notice, signed by the clerk by 18 & 19 
 to the vestry, to each vestryman, at his usual or last known place of Viet. c - 120. 
 abode in England, of the place and hour of holding the same, and the 
 
 special purposes thereof, three days before the day appointed for such 
 meeting, and also by affixing at the same time notice thereof on -or 
 near the door of any building where the said meeting is to be holden, 
 and it shall not be necessary that notice of any such meeting shall be 
 further or otherwise signed or published. 
 
 10. And whereas doubts are entertained whether the provision in Section 144 
 section one hundred and forty-four of the said Act of the last session, of 18 & 19 
 authorizing the metropolitan board of works, where it appears to Viet. c. 120, 
 them that further powers are required for the purpose of any work declared to 
 for the improvement of the metropolis or public benefit of the inha- extend to 
 bitants thereof, to make applications to parliament for that purpose, authorize 
 and providing that the expenses of such application may be defrayed applications 
 as other expenses of the said board, extends to authorize applications * P ar Ka- 
 
 to parliament by such board for powers for providing parks, pleasure men * T 
 grounds, places of recreation, and open spaces, and it is expedient to 
 
 - 
 
 (e) By tbe Valuation (Metropolis) Act, 1869, section 5, the valuation list 
 for the time being in force shall be conclusive evidence of the gross value 
 and rateable value of the several hereditaments included therein for the 
 purpose (amongst others) of the poor rate. See other provisions of the same 
 Act referred to in notes to section 159, et seq. of 18 & 19 Viet. c. 120, 
 ante. 
 
 (J) See questions raised as to which rental was required by the 6th section 
 of 18 & 19 Viet. c. 120, in E. v. Churchwardens of Lambeth, 19 J. P. 277 ; 
 and R. v. St. Mary, Lambeth, 20 J. P. 277. 
 
 (g) The metropolitan board are empowered under the enactment referred 
 to, to make, widen, or improve any streets, roads, or ways for facilitating 
 the passage and traffic between different parts of the metropolis, and to 
 contribute and join with any persons in any such improvement, &c. ; and to 
 make applications to parliament for such further powers as they may deem 
 
 (g).
 
 166 
 
 Section 10. 
 
 District 
 boards and 
 vestries em- 
 powered to 
 take ground 
 to be main- 
 tained as an 
 open space 
 or pleasure 
 ground (). 
 
 Recited Act 
 and this Act 
 to be as one. 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 remove such doubts : the powers given to the said board to make 
 applications to parliament, and the provision for the expenses of such 
 application, extend respectively to applications to parliament for the 
 purpose of providing parks, pleasure grounds, places of recreation, 
 and open spaces for the improvement of the metropolis or the public 
 benefit of the inhabitants thereof, and to the expenses of all such 
 applications. 
 
 11. Any district board or vestry may take, by agreement or gift, 
 any land or any right or easement in or over land, for any estate or 
 interest therein, and on such terms and conditions as they may think 
 fit, for the purpose of such land being either kept as an open space 
 or being kept and maintained as a pleasure ground for the public 
 benefit of the inhabitants of the district or parish ; but this enact- 
 ment shall not authorize any expenditure to be defrayed by rates, 
 except for the purpose of enclosing, maintaining, planting, and other- 
 wise improving the same. 
 
 12. The said Act of the last session and this Act shall be con- 
 strued together as one Act. 
 
 necessary, for the purpose of any work for the improvement of the metro- 
 polis or public benefit of the inhabitants thereof. The Acts obtained by the 
 board for the objects specified in this section, and the 144th section of 
 18 & 19 Viet. c. 120, by the board are the Covent Garden Approach and 
 Westminster Communication Act, 1857, the Victoria Park Approach Act, 
 1858, the Whitechapel and Holborn Improvement Act, 1865, the Kensington 
 Improvement Act, 1866, the Marylebone (Stingo Lane) Improvement Act, 
 1868, the Park Lane Improvement Act, 1869, the Metropolitan Street Im- 
 provements Act, 1872, the Metropolitan Inner Circle Completion Act, 1874, 
 the Metropolitan Board of Works (Various Powers) Act, 1876, the Metro- 
 politan Streets Improvement Act, 1877, the Finsbury Park Act, 1857, the 
 Southwark Park Act, 1864, the Victoria Park Act, 1872. See also reference 
 in note to section 9 of Coal and Wine Duties Continuance Act, 1861, as to the 
 Metropolis Improvement Act, 1863, for formation of a new street from Black- 
 friars to the Mansion House, and continuance of the northern embankment 
 of the Thames. 
 
 See Acts relating to commons, open spaces, and other improvements 
 under Metropolitan Commons Act, 1866, and Gardens in Towns Protection 
 Act, 1863, and notes, post, Appendix. 
 
 (a) See the powers given to vestries and district boards by the 73rd 
 section of 25 &* 26 Viet. c. 102, post, for improving streets, &c., with the 
 previous consent of the Metropolitan Board of Works ; and the 73rd section, 
 extending to the metropolis generally certain powers for regulating and 
 improving streets, and for the suppression of nuisances conferred by the 
 57 Geo. 3. c. 29.
 
 AN ACT 
 
 TO AMEND THE METROPOLIS LOCAL MANAGEMENT 
 ACTS. 
 
 (25 & 26 VICT. CAP. 102.) 
 
 TTH AUGUST, 1862. 
 
 WHEREAS an Act was passed in the session of parliament holden in Section 1. 
 
 the eighteenth and nineteenth years of the reign of Her present 
 
 Majesty Queen Victoria, intituled " An Act for the better Local 18 & 19 Viet. 
 
 Management of the Metropolis:" and whereas the said Act was c. 120. 
 
 amended by a certain other Act passed in the session holden in the 
 
 nineteenth and twentieth years of the reign of Her present Majesty, 19 & 20 Viet. 
 
 chapter one hundred and twelve, and was further amended, and cer- c. 112. 
 
 tain further and other provisions were made, by another Act passed 
 
 in the session holden in the twenty-first and twenty-second years of 21 & 22 Viet. 
 
 the reign of Her present Majesty, chapter one hundred and four : c. 104. 
 
 and whereas it is expedient further to amend the said first-mentioned 
 
 Act : Be it therefore enacted by the Queen's most excellent Majesty, 
 
 by and with the advice and consent of the lords spiritual and 
 
 temporal, and commons, in this present parliament assembled, and by 
 
 the authority of the same, as follows : 
 
 1. Whereas the metropolitan commissioners of sewers, in exercise Debt in 
 
 of the powers conferred upon them by the Act of the eleventh and respect of 
 
 twelfth years of the reign of Her present Majesty, chapter one Counters 
 
 hundred and twelve, did cause to be prepared and did approve of Creek Works, 
 
 certain plans for the main drainage and sewage interception of the anc * P ar * * 
 metropolis, and certain sewers and works included in and forming a "* 
 
 portion of the plans so prepared and approved were constructed and ?f pe 
 
 completed by the said commissioners or by the metropolitan board of . v e 
 
 works ; that is to say, the sewers and works known as the Counters WOT ^ S re _ 
 
 Creek Diversion Works : and whereas the cost of the said works, distributed 
 
 amounting to the sum ol .43,721 15s., was defrayed by moneys bor- an) j mM je 
 
 rowed on certain securities, which securities and moneys are included payable out 
 
 amongst and form part of the securities and moneys enumerated in O f moneys 
 
 schedule (A) to this Act, and the debt incurred in respect thereof borrowed on 
 
 was charged by the said commissioners upon the following sewerage the security 
 
 districts ; viz. the Counters Creek, Ranelagh, and Fulham and Ham- of the main 
 
 mersniith districts, in certain shares and proportions, and has been drainage 
 
 rate (a). 
 
 (a) The 181st section of the Metropolis Local Management Act (18 & 19 
 Viet. c. 120), ante, continues the debts and liabilities of the metropolitan 
 commissioners of sewers a charge upon those districts or parts in which
 
 168 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 1. apportioned by the metropolitan board of works, pursuant to the 
 181st section of the firstly-recited Act, among the several parishes or 
 parts of parishes which heretofore constituted the said districts, that 
 is to say, Paddington, Chelsea, St. Mary Abbott's, Kensington, St. 
 Margaret and St. John the Evangelist, Westminster, Hammersmith, 
 Fulham, Willesden, St. Marylebone, St. George, Hanover Square, St. 
 John, Hampstead, Acton, Baling, and Chiswick : and whereas it is 
 just and expedient that the cost of and incidental to the construction 
 and execution of the said sewers and works, amounting to the sum 
 aforesaid, should be deemed to be part of the expenses of and inci- 
 dental to the works which the said metropolitan board are by the 
 said Acts of the eighteenth and nineteenth Victoria, chapter one 
 hundred and twenty, and the twenty-first and twenty-second Victoria, 
 chapter one hundred and four, empowered and directed to construct 
 and execute for the improvement of the main drainage of the metro- 
 polis, and for preventing, as far as may be practicable, the sewage of 
 the metropolis from passing into the river Thames within the 
 
 rates would have been levied to meet them in case that Act had continued 
 in force, and directs that the sums becoming payable under or required for 
 payment of such debts and liabilities should be raised in like manner as the 
 expenses of the board in the execution of that Act ; and with respect to dis- 
 tricts or parts beyond the limits of the metropolis as defined by the same 
 Act, it directs that precepts shall be issued to the overseers of the parishes 
 in which any part within the limits of the parts is comprised requiring pay- 
 ment of the sums necessary to be raised in such part. The debts enumerated 
 in the first schedule to this Act were charged by the metropolitan commis- 
 sioners of sewers previously to the determination of the commission on cer- 
 tain sewerage districts or levels included within the limits subject to their 
 jurisdiction. These districts or levels were formed with regard to the fall 
 of the ground, the main lines of sewers, and other natural conditions ; and 
 they had no reference to the division according to parishes and districts 
 forming the basis of the Metropolis Local Management Act. As the moneys 
 required for payment of the former debts had, under the provisions of the 
 last-named Act, to be raised in parishes or parts of parishes, it became 
 necessary that the metropolitan board should apportion those debts among 
 the parishes and parts of parishes constituting the former sewerage districts 
 or levels. This they did in the proportion of the rateable value of the pro- 
 perty in the respective parishes and parts of parishes, and except so far as- 
 concerns that portion of the debts referred to in schedule (A.) to this Act,, 
 which is dealt with by this section, the distribution or apportionment so 
 made by the board is still in force. The reapportionment directed by this 
 section was not to affect the validity of any precept already issued. The 
 present section deals specially with two sums, one of 43,721 15*., the cost 
 of the Counters Creek works, and the other 10,000, a portion of the cost 
 of the Ravensbourne works ; and regarding them as having been designed 
 and executed to the extent expressed in the clause as for the benefit, not of 
 particular localities, but of the metropolis at large, it directs that the debts 
 incurred on account of them shall be discharged out of the moneys raised 
 under the Main Drainage Act (21 & 22 Viet. c. 104), instead of continuing 
 them a charge on individual districts. Some of the parishes mentioned in 
 the clause are without the limits of the metropolis as at present defined, i.e. 
 Willesden, Acton, Eating, and Chisioick. See the limits of the metropolitan 
 commission in note to section 145 of 18 & 19 Viet. c. 120, ante. With 
 respect to these, as well as to the other pai-ishes enumerated, the 5th section 
 of this Act empowers the board to make assessments in respect of unpaid 
 balances of former precepts. See apportionment on a parish in respect of a 
 debt of the Metropolitan Commissioners of Sewers ; Pew v. Metropolitan 
 Board of Works, cited in note (c), p. 113, ante.
 
 25 & 26 VICT. c. 102, s. 1. 169 
 
 metropolis : and whereas certain other works were executed by the Section 1. 
 said commissioners, known as the Kavensbourne works, and the cost 
 of such works, amounting to the sum of ,26,545 16s. 5d., was 
 defrayed out of moneys borrowed on certain securities, which 
 securities and moneys are included amongst and form part of the 
 securities and moneys enumerated in the said schedule (A.) to this 
 Act, and the debt incurred in respect thereof was charged by the said 
 commissioners upon the following sewerage districts, viz., the 
 Ravensbourne and Greenwich districts, in certain shares and propor- 
 tions, and has been apportioned by the said metropolitan board of 
 works, pursuant to the said firstly-recited Act, among the several 
 parishes and places or parts of parishes and places which heretofore 
 constituted the said districts ; that is to say, St. Paul Deptford, 
 Greenwich, Kidbrooke, Lewisham, Camberwell, Charlton,* Eltham, 
 and Lee : and whereas the last-mentioned works partly enure to the 
 benefit of the metropolis at large, and it is just and expedient that a 
 portion of the costs and charges thereof, amounting to the sum of 
 ilO,000, should be deemed to be part of the said expenses of and 
 incidental to the works which the said metropolitan board are 
 empowered and directed to construct and execute under the said 
 Acts of the eighteenth and nineteenth Victoria, chapter one hundred 
 and twenty, and the twenty-first and twenty-second Victoria, chapter 
 one hundred and four : be it therefore enacted, that the debts 
 incurred in respect of the costs and charges of the said Counters 
 Creek diversion works, amounting to the said sum of ,43,721 15s., 
 and in respect of the said portion of the costs and charges of the 
 said Ravensbourne works, amounting to the said sum of 10,000, 
 making together the sum of .53,721 15s., shall cease to be the special 
 debts and obligations of the said parishes and places and parts of 
 parishes and places, and the same shall be deemed to have become, 
 on the 1st day of January, 1856, transferred to and charged upon and 
 shall stand charged upon the metropolis at large, as defined by the 
 said firstly-recited Act, including the said parishes and places and 
 parts of parishes and places comprised within the limits thereof : and 
 all sums becoming payable under or required for the payment of any 
 security, given for the moneys so borrowed to the extent of the said 
 sums of 43,721 15s., and 10,000, or of any interest due or to accrue 
 thereon, shall be paid by the said metropolitan board of works out of 
 any moneys which they may have already borrowed and raised or 
 may hereafter borrow and raise on the security of the assessments or 
 rates made or to be made by them for the metropolis main drainage 
 rate under the provisions of the said Act of the twenty-first and 
 twenty-second Victoria, chapter one hundred and four ; and the said 
 board shall take an account between the parishes, places, and parts 
 aforesaid originally charged with the said debts and obligations and 
 the metropolis at large to which the same are hereby transferred, and 
 shall reimburse or give credit to the said parishes, places, and parts for 
 any sums which may have been overpaid by them or any of them on 
 account of principal or interest in respect of the said sums of 
 43,721 15s. and 10,000 respectively (if any), since the 1st day of 
 January, 1856, beyond the sums which would have been due from 
 them or any of them if the transfer and apportionment hereby 
 directed had been in force on the 1st day of January, 1856, and the 
 said board shall place any such excess to the credit of such parishes, 
 places, or parts, in reduction of their next or some future ordinary 
 assessment upon such parishes or parts, for defraying their expenses 
 in the execution of the firstly recited Act.
 
 170 
 
 Section 2. 
 
 Application 
 of part of 
 moneys raised 
 on security 
 of metro- 
 polis main 
 drainage rate 
 to repayment 
 of sums ex- 
 pended on 
 Victoria- 
 street sewer 
 since 1st Jan. 
 1856. 
 
 Parishes, 
 parts, and 
 places on 
 which deht on 
 loan from the 
 Clergy Mutual 
 Assurance So- 
 ciety stands 
 charged (<*). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 2. And whereas at certain times between the 1st day of January, 
 1856, and the passing of this Act, certain works were executed by the 
 said metropolitan board of works for the reparation and reconstruc- 
 tion of portions of one of the main sewers of the metropolis known, as 
 the Victoria Street sewer, and the expenses of and incidental to the 
 execution of the said works were charged by the said board on 
 certain parishes in the metropolis, which were heretofore included in 
 the separate sewerage districts, known as the eastern division of the 
 Westminster sewers, the western division of the Westminsters sewers, 
 and the Eegent Street and Regent's Park district, in certain shares and 
 proportions, and were paid by the said board partly out of their 
 general funds and partly by moneys raised in some of the said 
 parishes ; and whereas that portion of the said sewer in respect of 
 which the said works of reconstruction and reparation were executed, 
 will be incorporated with and form part of the main drainage works 
 now in course of execution by the said board, under the provisions ot 
 the said Acts of the eighteenth and nineteenth Victoria, chapter one 
 hundred and twenty, and the twenty-first and twenty-second Victoria, 
 chapter one hundred and four, and will enure to the benefit of the 
 metropolis at large, and the costs and charges of executing the same 
 ought to be borne by the metropolis at large instead of by individual 
 parishes : Be it therefore enacted, that the expenses of and incidental 
 to the execution of the said works of reparation and reconstruction so 
 executed by the said board between the 1st day of January, 1856, 
 and the passing of this Act, shall be deemed to be part of the 
 expenses of and incidental to the main drainage works which, the 
 said board are empowered to construct and execute under the said 
 Acts of the eighteenth and nineteenth Victoria, chapter one hundred 
 and twenty, and the twenty-first and twenty-second Victoria, chapter 
 one hundred and four ; and the said board shall, out of the moneys 
 borrowed and raised or to be borrowed and raised by them for the 
 metropolis main drainage rate under the provisions of the said Act 
 of the twenty-first and twenty -second Victoria, chapter one hundred 
 and four, replace the said moneys taken from the general funds of 
 the said board for the payment aforesaid, and reimburse the moneys 
 which the said parishes or any of them may have paid towards the 
 said works of reparation and reconstruction between the 1st day of 
 January, 1856, and the passing of this Act ; and the said moneys so 
 to be applied in reimbursing the said parishes shall be retained by 
 the said board, and shall be carried to the credit of the said parishes, 
 in reduction, so far as the same will extend, of the next or some 
 future assessment upon such parishes by the said board for their 
 expenses in the execution of the firstly recited Act. 
 
 3. And whereas the said metropolitan commissioners of sewers 
 did, in exercise of the powers vested in them by the said Act of the 
 eleventh and twelfth years of Her Majesty, chapter one hundred and 
 twelve, borrow and take up at interest from a certain society known 
 as the Clergy Mutual Assurance Society, on the security of certain 
 rates authorized to be levied under the last-mentioned Act, the sum 
 of 140,000, and there was previous to the 1st of November, 1860, 
 due and owing to the said society from the metropolitan board of 
 works, as the successors of the said metropolitan commissioners of 
 
 (a) This sum was originally raised by the metropolitan commissioners of 
 sewers for the purposes of main drainage, under the provisions contained in 
 11 & 12 Viet. c. 112, s. 106, empowering them to borrow on the credit of 
 all or any of the rates authorized to be raised under that Act. The money
 
 25 & 26 VICT. c. 102, ss. 3, 4. 171 
 
 sewers, in respect of the said loan, the sum of 105,000, and it is Section 3. 
 
 expedient accurately to ascertain and determine the several parishes, 
 
 parts, and places on which the debt in respect of the said sum of 
 
 105,000 shall stand charged, and on which moneys and rates are to 
 
 be raised or levied for the payment of the principal and interest in 
 
 respect of the same, and to ascertain and determine the proportions 
 
 charged upon each : Be it therefore enacted, that the said debt of 
 
 105,000 shall be and stand charged upon and apportioned to the several 
 
 parishes, parts, and places enumerated in schedule (B.) to this Act, in 
 
 the several proportions specified in such schedule, and the said several 
 
 parishes, parts, and places shall be deemed to be and shall be liable 
 
 to the payment of the sums set against their respective names therein, 
 
 and to the payment of interest thereon, and the moneys from time to 
 
 time becoming payable under the said security, or required for or 
 
 towards payment of the said debt or any part thereof, and the interest 
 
 thereon, shall be raised by such board upon such parishes, parts, and 
 
 places respectively in manner provided in respect of the expenses of 
 
 such board in the execution of the firstly- recited Act : Provided 
 
 always, that credit shall be given for any sums paid off in respect of 
 
 the said loan previous to the passing of this Act according to the 
 
 several proportions specified in the said schedule. 
 
 4. Provided, that nothing in this Act contained shall prejudice, Saving rights 
 
 abridge, diminish, or affect the priority (c) secured by the firstly- an( ^ remedies 
 
 recited Act to the persons respectively entitled to the mortgages, ^ P ersons 
 
 annuities, securities, and debts referred to in the one hundred and holding securi- 
 
 eighty-first section of that Act, and the first, second, (d) and third ties W 1 
 
 having been borrowed for main drainage was unexpended at the determina- 
 tion of the sewers commission. The commissioners did not, as in the 
 case of their other mortgage debts, charge it on individual districts. A 
 special fund having been created for the construction of the main drainage 
 works, these moneys were applied to the ordinary exigencies of the parishes 
 and districts, and the enactment gives legislative sanction to that arrange- 
 ment. In consequence of the difference between the limits of the sewers 
 commission and the metropolis as now defined, it became necessary to ascer- 
 tain and determine the parishes in which moneys for payment of principal 
 and interest should be raised. 
 
 (6) This preserves the remedies of the mortgagees against the districts 
 named in the original securities granted under the Sewers Acts, some of 
 which, as already stated, were without the limits of the metropolis as now 
 denned. 
 
 (c) The 181st section of the 18 & 19 Viet. c. 120, preserves such priority 
 among the several mortgagees, &c., as they were, at the passing of that Act, 
 entitled to under the Metropolitan Sewers Act, 1848, 11 & 12 Viet. c. 112, or 
 any Act continuing or amending such Act. By the 106th section of the 
 latter Act, mortgagees were entitled to be repaid the sums due to them 
 without any preference by reason of priority ; but by a subsequent Act, 17 
 & 18 Viet. c. Ill, s. 4 (now expired) priority was given to all securities on 
 the rates granted before a certain date, over and in preference to the mort- 
 gages or annuities under securities subsequent to that date ; and subject 
 to that priority all future mortgagees or annuitants were to come in pari 
 passu. The provision contained iu the 22nd section of the Metropolitan 
 Board of Works (Loans) Act, 1869, empowering the board to levy a con- 
 solidated rate for the purposes therein specified, is not to extend to any 
 sum levied under section 181 of the Metropolis Management Act, 1855, 
 making provision for the liabilities of the metropolitan commissioners of 
 sewers. 
 
 (d) This is a mistake, the word " second " having originally referred to a 
 provision ultimately struck out, and it has been retained by inadvertence.
 
 172 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 4. sections of this Act, or the right of any or either of such persons to 
 require and enforce payment of any principal or interest thereon, or 
 in respect thereof, in, from, or out of all or any of the districts, 
 assessments, rates, or moneys liable to such payment under or by 
 virtue of their respective mortgages or securities ; but all the securi- 
 ties, rights, and remedies of such persons respectively shall remain as 
 good, ample, and effectual, to all intents and purposes, as if this Act 
 had not been passed : provided also, that nothing herein contained 
 shall prejudice or affect the power vested in the said metropolitan 
 board, under the firstly-recited Act to borrow moneys for paying off 
 former securities. 
 
 Sums to be 5. From and after the passing of this Act the one hundred and 
 
 assessed by seventieth section of the firstly recited Act is hereby repealed ; and 
 metropolitan in lieu thereof be it enacted, that the metropolitan board of works 
 board. shall from time to time ascertain and assess upon the several parts of 
 
 the metropolis the several sums which, having regard to the annual 
 rateable value (a) of the property in such parts respectively ought to 
 be charged thereon for defraying the expenses of the said board in 
 the execution of the firstly and secondly recited Acts and of this 
 Act, and any such sums may be assessed wholly or in part in respect 
 of expenses incurred or to be incurred, and also in respect of 
 any unpaid balance of any former precept of the said board : Pro- 
 vided always, that such repeal shall not in any respect affect any act, 
 matter, or thing whatsoever done or commenced to be done under or 
 by virtue of the said firstly and secondly recited Acts, or any pro- 
 ceeding taken or to be taken under the thirdly recited Act, or to 
 affect or prejudice, except as herein specially provided, in any way 
 the rights or liabilities of any district or part under the one hundred 
 
 The second section of the present Act has no reference to the mortgage 
 debts in question. 
 
 (a) The repeal of the 170th section of the former Act, and the re-enact- 
 ment of its provisions in the present form, got rid of the necessity of assessing 
 the expenses of maintaining main sewers on particular sections of the metro- 
 polis, oil the assumed ground that those parts had been peculiarly benefited 
 by them ; and the outlay on main sewers was assimilated to that applicable 
 to the intercepting works, the formation of streets, and other matters 
 within the cognizance of the metropolitan hoard. Before this Act, 21 & 
 22 Viet. c. 104 (Main Drainage Act), had already sanctioned a departure 
 from the principle established by the repealed section, and enacted that for 
 the purpose of the assessments under that Act, all parts of the metropolis 
 should be deemed to be equally benefited by the expenditure under it. 
 By the Metropolitan Board of Works (Loans) Act, 1869, s. 22, for the 
 purpose of paying the dividends on and redeeming the consolidated stock, 
 and also of defraying the expenses authorized to be incurred and incurred 
 by them in the obtaining or the execution of the Acts mentioned in the 1st 
 schedule to the Act or any of them and in defraying the sums required for 
 the payment of the principal and interest of and the sinking funds for 
 any securities granted by the board for the purposes of those Acts, or any 
 of them, before the passing of that Act are required (in lieu of all rates or 
 assessments authorized at the passing of the Act to be assessed by them 
 generally on the metropolis) from time to time to assess and raise a rate to 
 be called the metropolitan consolidated rate. Such rate to be assessed and 
 raised in manner provided by the Metropolis Management Act, 1855, and 
 the Acts amending the same with respect to the sums required for defraying 
 the expenses of the board in the execution of that Act, and to sums 
 assessed for the purpose of the Main Drainage Acts. See the Act, post, 
 Appendix.
 
 25 & 26 VICT. c. 102, ss. 59. 173 
 
 and eighty-first section of the firstly recited Act, but the same shall Section 5, 
 be judged of in all respects as if this Act had not been passed. 
 
 6. For the purpose of making any assessment under the preceding Basis of assess- 
 section, the board shall estimate the annual value of property accord- merit. 
 
 ing to the estimate or basis on which any county rate in force in any 
 part of the metropolis is made, or, where there is no such county 
 rate, according to a like estimate or basis (6). 
 
 7. All such assessments to be made by the metropolitan board of jjode ofas , 
 works shall be assessed and charged by the said board upon the same sessment by 
 basis and in the same manner as the county rate is assessed and the metropoli- 
 charged by the justices under the statutes in force for assessing and tan board of 
 charging county rates in England and Wales : Provided always, that works (c). 
 
 all precepts shall be issued and rates levied by the said board in 
 manner directed by the several recited Acts relating to the better 
 local management of the metropolis and by this Act, so far as relates 
 to making precepts and levying rates. 
 
 8. The assessment of any moneys to be assessed by the nietropoli- Assessments 
 tan board of works for the expenses of executing the firstly and and precepts of 
 secondly recited Acts and this Act, and the precepts for obtaining metropolitan 
 payment of moneys required by the board for that purpose, may be board may be 
 according to the forms contained in schedule (C.) to this Act, or to according to 
 the like effect. for ms in sche- 
 dule (C) (d). 
 
 9. The vestry of any parish mentioned in schedule (A.) to the Any vestry or 
 firstly recited Act, or the board of works for any district to whom district board 
 any precept of the metropolitan board shall be directed, may, if they may pay pre- 
 shall see fit, pay to the person or body authorized by the said metro- cept of metro- 
 politan board to receive the same the sum required by such precept, Plitan board 
 within such time as may be therein mentioned, out of any moneys in ou<i ^ an y . 
 their possession at the time of their receiving such precept, or which mone y . m thei ^ 
 may come into their hands at any time within two calendar months P. ss ^ 81on ' an( 
 next after the service thereof ; and all payments so made by any I{ 
 
 vestry or district board shall be charged by them against and re- $ seww rate 
 imbursed to them out of the moneys which the said vestry or district 
 
 (6) That meant, according to any estimate founded on the criterion esta- 
 blished by the County Rate Act, viz., the full and fair annual value of the 
 property rateable to the relief of the poor. It was held under section 10 
 of 21 & 22 Viet. c. 104, that in the absence of an estimate for the county rate, 
 the board might make the parochial rate the basis for the main drainage as- 
 sessment on the commissioners of sewers of London; Commissioners of 
 Sewers of London v. Metropolitan Board of Works, 31 J. P. 404, 16 L. T. 
 (y. s.) 351. See now the Valuation (Metropolis) Act, 1869, s. 45, making the 
 valuation list for the time being in force made under that Act conclusive 
 evidence of the gross and rateable value of the hereditaments included therein, 
 and of the insertion therein of such hereditaments, for the purposes, amongst 
 others, of the main drainage, improvement and other rates assessed on any 
 part of the metropolis by the Metropolitan Board of Works. The Valua- 
 tion (Metropolis) Act, 1869, 32 & 33 Viet. c. 67, s. 77, schedule 5, repeals 
 so much of this (the 6th) and of the 7th and 13th sections as authorizes or 
 relates to the ascertaining the value of any hereditament with respect to 
 the value of which the valuation list is conclusive, and so much of any Act 
 as applies to the provisions hereby repealed. 
 
 (c) See note to previous section. 
 
 (d) See note to section 22 of Metropolitan Board of Works (Loans) 
 Act, 1869, post, Appendix.
 
 174 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 9. board shall and which they are hereby required to raise and collect 
 by virtue of such precept (a). 
 
 Vestries may 
 include in 
 the sewers 
 rate precepts 
 of metro- 
 politan board. 
 
 Hums col- 
 lected in 
 places in 
 schedule (C.) 
 to 18 & 19 
 Viet. c. 120, 
 beyond 
 amount of 
 rate for main 
 
 rate, &c., to 
 be placed to 
 credit of such 
 
 Payment of 
 
 upon places 
 in (b) said 
 schedule (C.) 
 
 10. Where by any local Act of parliament the poor rate in any 
 parish in schedules (A.) or (B.) to the firstly recited Act is made by 
 the vestry of such parish at a fixed period or periods in every year, 
 it shall be lawful for such vestry, at their discretion, to include in 
 the sewers rate for their parish such sum or sums of money as they 
 may consider necessary to meet any precepts received or to be received 
 from the metropolitan board of works during the period for which 
 such poor rate extends, to defray the expenses of the said board in 
 the execution of the said first-recited Act ; and at the time of making 
 such poor rate, also to make a separate rate for the metropolis main 
 drainage, to meet the precept received or to be received from the 
 metropolitan board of works for the sum assessed for such rate during 
 the year, such rates to be levied in the same manner, for the same 
 period, upon the same persons, and to be subject to the like provi- 
 sions as the sewers rate by the first recited Act, and to be contained 
 in the same book or books as the poor rate of the said parish, but 
 distinguishing the title of each of the said separate rates or assess- 
 ments, and to be collected quarterly or otherwise by such person 
 or persons as shall be appointed by the said vestry to receive and 
 collect the same : Provided that nothing herein contained shall 
 prevent the said metropolitan board of works from requiring pay- 
 ment, or relieve the vestry of any parish from the payment, of the 
 sums assessed by such board at such times as they are now entitled 
 by precept to require the same. 
 
 11. Where, under or by virtue of any rate or assessment made by 
 an assessor appointed by the said metropolitan board of works, for 
 the metropolis main drainage rate, any moneys shall have been or 
 shall be collected in any place mentioned in schedule (C.) to the 
 firstly recited Act beyond the amount required to satisfy the amount 
 of the assessment of the said board upon the said place, and the 
 expenses of and incidental to the preparing, making, collecting, and 
 levying such rate or assessment, the excess shall be placed by the 
 said board to the credit of such place, on account of the next assess- 
 ment upon such place by the said board for the metropolis main 
 drainage rate. 
 
 12. For obtaining payment of the sum assessed upon any place 
 mentioned in schedule (C.) to the firstly recited Act for the metropolis 
 main drainage rate, the said board shall issue a precept under their 
 seal requiring payment of the amount mentioned in such precept to 
 their treasurer, or into any bank therein mentioned, within such 
 time or times as may be "therein limited, and every such precept 
 shall be directed to the masters of the bench, treasurer, governors, 
 or other body or persons having the chief control or authority in such 
 
 (a) See the Metropolitan Board of Works (Loans) Act, 1869, s. 24, as 
 to the necessity of distinguishing in orders of vestries and district boards 
 on overseers the sums required for satisfying or replacing any sum expended 
 on satisfying the precepts of the metropolitan board, and the sum (if any) 
 required for other purposes of the vestry or district board, and as to demand 
 notes and receipts of overseers or collectors. 
 
 (b) See section 25 of Metropolitan Board of Works (Loans) Act, 1869, 
 as to liabilities of the places in schedule (C.) to the metropolitan consolidated 
 rate.
 
 25 & 26 VICT. c. 102, ss. 1214. 175 
 
 place ; and the body or persons to whom any such precept shall be Section 12. 
 
 directed shall raise and levy the money required by the same by 
 
 means of a separate rate, in like manner and subject to the like 
 
 provisions as the sewers rate to be made under the provisions of 
 
 the firstly recited Act and this Act ; and the said body or persons 
 
 may appoint one or more persons to collect any such rate, and 
 
 may pay him or them such salary, poundage, or allowance as they 
 
 may deem just and reasonable, and may take such security from 
 
 every such collector for the due execution of his duty as they shall 
 
 think reasonable and proper ; and the several provisions hereinafter 
 
 contained with respect to the levying, paying over, and accounting 
 
 for moneys levied by collectors by direction of any vestry Shall be 
 
 applicable to every such collector ; and the several enactments with 
 
 respect to the levying of moneys by the said metropolitan board on 
 
 the default of vestries and district boards shall apply (c) in case of 
 
 a default by the body or persons to whom any such precept may be 
 
 directed by the said board to levy and pay over the money therein 
 
 named according to the exigency thereof. 
 
 13. It shall be lawful for the metropolitan board of works, in case Metropolitan 
 of any omission or other inaccuracy in any assessment or precept board may 
 which they have made or issued, to make such amendments or amend assess- 
 alterations therein as may render the same conformable to the provi- meats and 
 sions of the recited Acts and this Act ; and it shall be lawful for the precepts 
 said board, should they deem it requisite and proper, to revoke any where neces- 
 precept which they may have issued, and to issue another precept, in sar y W* 
 lieu thereof. 
 
 14. Whenever any vestry or district board shall by their order Overseers to 
 reqiiire the overseers of any parish or place to levy and pay over pay over and 
 the sum or sums of money which such vestry or board may require, account for 
 under the provisions of the said recited Acts or this Act, such over- moneys to 
 seers shall, within such period after the levying of the said sum or vestries and 
 sums or any part thereof as the said vestry or board shall determine, ? ^ / -> 
 pay over to the treasurer of the said vestry or board, or to any officer, boards ( e )- 
 or into any bank in such order mentioned, the amount mentioned in 
 
 such order, and the excess, if any, which may have been levied 
 beyond such amount, less the expenses of and incidental to the 
 making and collecting of the same, and shall make out and deliver 
 to the said vestry or board a true and perfect account in writing 
 signed by them, and duly audited by the auditors appointed for such 
 parish or place under the provisions of the firstly recited Act, of all 
 moneys and rates received by them in pursuance of the said order, 
 and shall for such purpose produce to the said auditors the vouchers, 
 counterfoils, or receipts for all payments made to or by them ; and 
 such auditors shall, for the purposes of the said audit, have all and 
 every the powers and authorities given to the auditors named in the 
 195th section of the firstly recited Act ; and in case any overseers 
 shall fail to pay over such moneys or rates as aforesaid, or to render 
 such account, or to produce such vouchers, counterfoils, and receipts 
 for the space of twenty-one days after being thereunto required, 
 they shall be subject to the penalties mentioned and contained in 
 
 (c) See 21 & 22 Viet. c. 104, s. 15, as to the rates to be made by the 
 metropolitan board on default of vestries, &c. 
 
 (d) Sec note to section 6, ante. 
 
 (e) See reference in note to section 9, ante, as to requirements on orders 
 of vestries and district boards OB overseers, and in demand notes and receipts.
 
 176 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 14. the 65th (a) section of the firstly recited Act ; Provided always, 
 that where the term " overseer " or " overseers " shall extend to and 
 include any vestry elected under the firstly hereinbefore recited Act, 
 or any board of trustees or governors of any parish or place chosen 
 under any local Act now in force (6), the provisions of this clause 
 shall not be applicable to such vestry or board of trustees or governors 
 so long as the orders of the vestry or board shall be duly complied 
 with and satisfied ; and in every case in which the vestry does not 
 appoint a collector or collectors to collect such rates, the said over- 
 seers are hereby authorised to employ and pay one or more collector 
 or collectors to collect all such rates, and to take from every such 
 collector security (c) for his duly collecting such rates, and paying 
 over and accounting for the same, and such security shall enure to 
 the benefit of the overseers for the time being of every such parish 
 or place, who shall have all such and the same remedies thereon as 
 the overseers to whom such security was originally given. 
 
 Power to 
 metropolitan 
 board, ves- 
 tries, and dis- 
 trict boards 
 to demand to 
 be furnished 
 with copies 
 of poor 
 rates, &c. (d). 
 
 15. It shall be lawful for the metropolitan board of works, or for 
 the vestry of any parish mentioned in schedule (A.) to the firstly 
 recited Act, or for any district board, b.y order in writing, to require 
 the vestry clerk, overseer, collector, or other person having the 
 custody or control of any rate for the relief of the poor in any parish 
 or place, or of any other rate, or of any book containing a copy of 
 any such rate as aforesaid, to furnish, within such period, not being 
 less than seven days, as shall be limited in such order, a true copy 
 of such rate for the relief of the poor, or other rate, or of such copy 
 thereof as aforesaid, or of such part or parts of the same as shall be 
 specified in such order, on payment or tender for such copy at the 
 rate of Gd. for every twenty-four names (inclusive of all the par- 
 ticulars in the several columns in the rate, so far as such particulars 
 have reference to such names respectively), and the said copy shall 
 be examined by and signed by such vestry, clerk, overseer, collector, 
 or other person, and shall be verified by his solemn declaration, if 
 the said metropolitan board or vestry or district board shall require 
 the same, which solemn declaration any justice of the peace or com- 
 missioner duly authorized, is hereby empowered to administer ; and 
 any person having the custody or control of such rate, or copy 
 thereof, who shall refuse or neglect to make and deliver to such 
 metropolitan board, vestry, or district board, or any person by them 
 authorized to receive the same, such copy or extract, or to make such 
 solemn delaration as aforesaid, shall be liable to a penalty not exceed- 
 
 (a) By the 65th section, if any officer or servant fail to account, &c., he 
 is to be committed to gaol, there to remain until he shall have rendered a 
 true and perfect account, &c., and if he has failed to pay over moneys, and 
 still fail or refuses to do, the money may be levied by distress, and in default 
 of distress, he may be committed for a period not exceeding three months. 
 See the decisions with respect to a failure to account, &c., referred to in 
 note to section 65 of 18 & 19 Viet. c. 120, ante. 
 
 (6) See definition of word " overseer," in section 250 of 18 & 19 Viet. 
 c. 120, ante, p. 188. 
 
 (c) As to the security for the faithful performance of duty by officers, 
 see note to section 65 of 18 & 19 Viet. c. 120, ante. 
 
 (d) The 171st section of the original Act, 18 & 19 Viet. c. 120, authorized 
 the clerk of the metropolitan board to inspect the county race and city 
 sewer rate valuations and other accounts, and to take extracts, &c. ; and 
 by the 16th section of 21 and 22 Viet. c. 104 (Main Drainage Act), those 
 provisions are extended to all other rates within the metropolis.
 
 25 & 26 VICT. c. 102, ss. 1519. 177 
 
 ing ,10 for every such offence, and to a further penalty not exceeding Section 15- 
 10 for each and every day during which the said offence shall be 
 continued, to be recovered by a summary proceeding (e). 
 
 16. Whenever the vestry of any parish mentioned in schedule (B.) Expenses 
 to the firstly recited Act shall have lawfully incurred any expenses incurred by 
 in the execution of the said recited Acts or this Act, the board of vestries named 
 works for the district in which such parish may be situate shall, in in schedule 
 case the payment of such expenses is not otherwise provided for pay ( B.) in execu- 
 and discharge the amount oi such expenses out of the moneys which tion of Acts 
 they are by the firstly recited Act authorized to raise for the pay- *o *> pad 
 nient of the expenses of the execution of such Act. " v district 
 
 boards. 
 
 17. The sums from time to time assessed by the metropolitan Recovery of 
 board of works upon or in respect of any extra-parochial or other moneys as- 
 property which was included in any separate sewerage district under sessed by 
 the metropolitan commission of sewers, for or towards payment of metropolitan 
 any debt or debts charged upon such district at the determination of board on 
 the said Act of the eleventh and twelfth Victoria, chapter one htm- e r -paro- 
 dred and twelve, or of any interest thereon, for the payment of which * hial 
 provision is not otherwise made in the said recited Acts or this Act, iT 
 
 shall be paid, on demand, to the said board by the occupier of the 
 tenements or premises, or by the person or persons in receipt of any 
 tolls or profits issuing out of any incorporeal hereditaments in res- 
 pect of which such assessment shall be made, and every such sum 
 may be recovered by the said board by an action at law or by a 
 summary proceeding before a justice at the option of the said board. 
 
 18. In any proceedings before any justice or justices, by or on ^ e summons 
 behalf of any vestry, district board, overseer, or collector, against the f^S issue 
 occupier or owner of any premises, for the recovery of any rates r ?~ 
 assessed under the said Acts or this Act which may be in arrear, all . ^ -, 
 
 the rates for the recovery of which such proceedings shall be taken 
 shall be included in the same summons, and the charge for such 
 summons shall not exceed Is., and the signature of any justice or 
 justices to any such summons may be either in writing or by a stamp 
 atfixed as such justice or justices may direct. 
 
 19. Whereas by the firstly recited Act power is given to the metro- Parties lend- 
 politan board of works and to any district board or vestry to borrow in money to 
 money for the purpose of defraying any expenses incurred by them metropolitan 
 in the execution of the said Act, on the credit of all or any of the J" !. ves ." 
 moneys or rates authorized to be raised by them under the said Act: r* es rdlstnc 
 Be it enacted, that no corporate body or person or persons lending or 
 proposing to lend money to the said metropolitan board or any vestry 
 
 (e) As to recovery of penalty, see section 102, post. 
 
 (/) The 18 & 19 Viet. c. 120, made no provision for the recovery of the 
 sums payable in respect of certain extra-parochial property towards the pay- 
 ment of mortgage debts charged on the sewerage districts in which such 
 property was situated, as they could not be included in the rates made by 
 overseers for payment of the precepts issued to vestries and district boards. 
 
 (g) By 25 & 26 Viet. c. 82, any number of local rates and taxes due from 
 the same person may be included in the same information, complaint, sum- 
 mons, order, warrant, or other document required by law to be laid before 
 or issued by justices; and the Act provides that no costs shall be allowed 
 in respect of several complaints, &c., when in the opinion of the justices 
 or court one might have sufficed. 
 
 * a "
 
 178 
 Section 19. 
 
 application of 
 money, regu- 
 larity of pro- 
 ceedings, &c. 
 
 METKOPOLIS LOCAL MANAGEMENT. 
 
 oi' district board, under the provisions of the said Acts or this Act, or 
 of any Act or Acts for amending the same, or of any Act or Acts 
 empowering them or either of them to borrow money, shall be bound 
 to see or obliged to inquire whether the money lent or proposed to 
 be lent is advanced for the purposes of such Acts, nor to see or in- 
 quire into the application of the money so lent, or any part thereof ; 
 nor shall any such respective body or person or persons be bound or 
 required to ascertain that the board or vestry so borrowing, or the 
 meeting or meetings of such board or vestry, was or were properly 
 constituted or convened, or that the proceedings at any meeting were 
 legal or regular ; and the common seal of every such board or vestry 
 impressed upon or affixed, pursuant to the order or resolution of such 
 board or vestry (6) to any mortgage, bond, or other instrument which 
 may have been made or granted by the said board or vestry, shall be 
 binding and conclusive on the said board or vestry by whom any 
 such mortgage, bond, or other instrument may have been so sealed 
 and executed, and their successors. 
 
 20. It shall be lawful for the commissioners acting in the execution 
 of the Act of the session holden in the nineteenth and twentieth 
 years of Her Majesty, chapter seventeen, and in the execution of any 
 of the Acts recited in that Act, or of any Act or Acts for amending 
 or continuing the same Acts or any of them, to make advances to the 
 metropolitan board of works, or to any vestry or district board, upon 
 the security of all or any of the moneys or rates to be assessed or 
 levied by them under the said recited Acts or this Act, and without 
 requiring any further or other security than a mortgage of such 
 moneys or rates, repayable by such instalments, within a period not 
 exceeding thirty years, as shall in each case be agreed upon. 
 
 Power to stop 21. It shall be lawful for the said metropolitan board, and they 
 
 up carriage or are hereby authorized and empowered , during the construction of 
 
 footways, &c. any works by them under the recited Acts or this Act, subject to the 
 
 provisions of such Acts to cause to be stopped up all or such part of 
 
 the carriage or footway of any streets, roads, or ways as may be 
 
 necessary for the due execution of the said works. 
 
 Public loans 
 commissioners 
 authorized to 
 lend money to 
 metropolitan 
 board, vestries, 
 &c. (c). 
 
 Power to 
 metropolitan 
 board to take 
 lands for 
 roads, &c. (d). 
 
 22. The compulsory powers of taking land given to the said metro- 
 politan board by the firstly recited Act, and the " Lands Clauses 
 Consolidation Act, 1845," shall, subject to the conditions and restric- 
 
 (a) A provision similar in effect was contained in the 3rd section of 
 17 & 18 Viet. c. 125, an Act for continuing and amending the Metropolitan 
 Sewers Act, 1848. This section, the 20th and the 26th sections, are re- 
 pealed so far as regards the Metropolitan Board of Works by the Metro- 
 politan Board of Works (Loans) Act, 1869, except so far as they relate to 
 any securities granted, and the application of any money raised before the 
 passing of the Act, and the rates and moneys for payment of such securi- 
 ties while undischarged. See the 42nd section of the same Act, exempting 
 purchasers of consolidated stock from inquiries into the application of 
 money, regularity of proceedings, &c. 
 
 (b) Where the seal of a company acting under the Companies Clauses 
 Act, 1815, was affixed to a contract without lawful authority, the company 
 were held not liable ; D'Arcy v. Tamar, $c., Railway Company, L. R. 2 Ex. 
 158. 
 
 (c) Repealed so far as regards the Metropolitan Board of Works, except 
 as to securities, &c. See note to preceding section. 
 
 (</) The Railway Clauses Act, 8 Viet. c. 20, authorizing the construction
 
 25 & 26 VICT. c. 102, ss. 2226. 179 
 
 tions in the firstly recited Act contained, extend and be applicable to Section 22. 
 
 the taking of any lands which they may require for the purpose of 
 
 making convenient roads or ways to or in connexion with any sewers 
 
 or works vested or hereafter to be vested in the said board, or which 
 
 they may require for making roads or ways during the construction 
 
 of any sewerage works, or for spoil banks or places of deposit of 
 
 surplus earth or other materials in the execution of any such works. 
 
 23. No resolution made or passed after the passing of this Act by Votes exceed- 
 the said metropolitan board, authorizing the expenditure upon or the ing 20,000 to 
 construction of any works, the estimated cost of which shaLUarnount be confirmed, 
 to or exceed the sum of 20,000, shall be carried into execution or be 
 
 deemed valid and binding until the same shall have been confirmed 
 at a subsequent meeting of the said board duly (e) convened. 
 
 24. When the said metropolitan board shall, in exercise of the Maintenance 
 powers conferred upon them, have constructed any bridges, culverts, of bridges, 
 arches, or passages in connexion with any sewers or works, all such culverts, &c. 
 bridges, culverts, arches, and passages shall at all times after the 
 construction thereof be maintained at the expense of the said board. 
 
 25. It shall be lawful for the said metropolitan board to make and Formation and 
 maintain any bridges, arches, culverts, passages, or roads over, under, maintenance 
 or by the sides of or leading to or from any sewerage works con- of bridges, 
 structed or to be constructed by them, which they may deem neces- arches, cul- 
 sary and convenienl for preserving the communications between lands ver te & c - (/) 
 tlirough which the said works may have been or may be made or 
 
 carried ; provided that it shall be lawful for the said board to con- 
 tract and agree with the owners and occupiers of lands to pay them 
 or any of them compensation in lieu of making or maintaining such 
 bridges or other works. 
 
 26. The extension of time authorized and directed by the twenty- Time limited 
 sixth section of the thirdly recited Act, the twenty-first and twenty- for completion 
 second Victoria, chapter one hundred and four, shall be deemed to f wo c r '^ . 
 apply to the sewers and works mentioned in the first section of that 
 
 Act for the improvement of the main drainage of the metropolis, and 
 for preventing, as far as may be practicable, the sewage of the metro- 
 polis from passing into the Thames within the metropolis. 
 
 by railway companies of accommodation and subsidiary works, is not in- 
 corporated with the Metropolis Local Management Act (18 & 19 Viet, 
 c. 120) ; and the works specified in the 150th section of that Act for which 
 the board may take land compulsorily do not extend to the purposes men- 
 tioned in this section. 
 
 (e) This, no doubt, means convened as a special meeting by a notice speci- 
 fying its object in the mode prescribed by the 52nd section of 18 & 19 Viet, 
 c. 120. See note to that section, ante. 
 
 (/) It has already been stated (see note to section 22), that the Railway 
 Clauses Consolidation Act not being incorporated with the Metropolis 
 Management Acts, the provisions in it as to the construction and mainten- 
 ance of accommodation works do not apply. The 24th and this section 
 make provision for these objects. 
 
 (g) This section corrects an accidental inaccuracy of expression occurring 
 in the 26th section of 21 &22 Viet. c. 104 (Main Drainage Act), by which 
 the intercepting works are described in the words of the 135th section of 
 18 & 19 Viet. c. 120, viz., as works for preventing sewage from passing into 
 the Thames " in or near to the metropolis," instead of " within the metro-
 
 180 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 27. 27. No gully or ventilating shaft immediately connected with or 
 
 ~ . appertaining to, or which hereafter may be immediately connected 
 
 of ] ! ; . rapping with or appertain to, any sewer vested in the metropolitan board of 
 
 comTc^d works, shall be trapped, covered, or closed up without previous 
 
 with main notice in writing being given to the said board, nor if the said board 
 
 sewers or th&x engineer within one week after the giving of such notice 
 
 shall express in writing their or his objection to the same (). 
 
 Powers as to 
 sewerage not 
 to be trans- 
 ferred to 
 metropolitan 
 board without 
 consent of 
 that board. 
 
 Orders to be 
 made by com- 
 mittee on 
 
 against acts 
 of vestries 
 and district 
 boards. 
 
 Committee 
 empowered to 
 make im- 
 provement 
 rates, &c., for 
 expenses of 
 works of 
 private im- 
 provement 
 executed by 
 the commis- 
 sioners of 
 sewers, and 
 take other 
 proceedings 
 in relation 
 thereto (<). 
 
 28. Notwithstanding the provision contained in the eighty-ninth 
 section to the firstly recited Act, relative to the transfer by vestries 
 and district boards to the metropolitan board of works of their powers 
 and duties in relation to sewerage and drainage, it shall not be law- 
 ful for any vestry or district board to transfer to the metropolitan 
 board of works any such powers or duties without the previous 
 consent in writing of the said metropolitan board. 
 
 29. Under the provisions of the two hundred and eleventh and 
 two hundred and twelfth sections of the firstly recited Act, empower- 
 ing the committee of appeal of the metropolitan board of works to 
 hear and determine an appeal against any order or act of any vestry or 
 district board, the said committee may allow or dismiss the appeal, 
 or quash or confirm or vary the order appealed against (6). 
 
 30. In any case in which the metropolitan commissioners of 
 sewers have incurred any expenses authorized by the Act of the 
 eleventh and twelfth years of Her Majesty, chapter one hundred 
 and twelve, to be paid by an improvement rate, or as charges for 
 default, it shall be lawful for the committee of appeal appointed 
 under and in pursuance of the two hundred and twelfth section of 
 the firstly recited Act, to levy improvement rates or charges for 
 default for the recovery of the whole of such expenses, or such por- 
 tion thereof as shall still remain due and unpaid, in the manner 
 directed by the said Act of the eleventh and twelfth years of the 
 reign of Her Majesty chapter one hundred and twelve, and the said 
 committee shall have all the rights and remedies for the recovery 
 thereof which are vested in the said metropolitan board in that 
 behalf ; and if any person liable to the payment of any such im- 
 provement rate or charges for default fail to pay the same when due, 
 or for the space of fourteen days after the same shall have been law- 
 fully demanded, the said committee of appeal may and they are 
 thereby empowered to summon the defaulter to appear before them 
 to show cause why such improvement rate or charges for default so 
 in arrear should not be paid ; and in case the defaulter fail to appear 
 according to the exigency of the summons, or if no sufficient cause 
 for non-payment be shown, the said committee may by warrant 
 under the seal of the board cause the amount of such improvement 
 
 polis," according to the 1st section of the first-named Act. This section is 
 repealed so far as relates to the Metropolitan Board of Works ; see note to 
 section 19, ante. 
 
 (a) The 7lst section of the original Act, 18 & 19 Viet. c. 120, vests the 
 absolute power of trapping, &c., in vestries and district boards. 
 
 (b) The section referred to only enabled the committee to hear and deter- 
 mine appeals, but gave them no power to vary an order appealed against. 
 
 (c-) The 182nd section preserves to the board all the rights and remedies 
 of the metropolitan bill, the commissioners of sewers for the recovery of 
 improvement rates, and charges for default, &c.
 
 25 & 26 VICT. c. 102, ss. 3032. 181 
 
 rate or charges for default so in arrear to be levied by distress of the Section 30. 
 goods and chattels of the defaulter. 
 
 31. So much of section fifty-eight of the said Act of the Part of sec- 
 eighteenth and nineteenth of Victoria as provides that the acts of tion 58 of 
 every committee shall be submitted to the general body of the board 18 & 19 Viet, 
 or vestry appointing such committee, for their approval shall be re- c - l 2 ^ re- 
 pealed so far as relates to the metropolitan board ; and be it enacted pealed. 
 
 in lieu thereof, that the said metropolitan board shall be at liberty to 
 give such instructions to any committee appointed by such board 
 regulating the conduct of any business deputed to such coihmittee, 
 and such committee shall act in conformity therewith, and shall 
 report to the board all acts done by them in conformity with such 
 instructions (d). 
 
 32. Whereas it is in and by the firstly recited Act provided that Communica- 
 the metropolitan board of works shall from time to time, in order to tions between 
 secure the efficient maintenance of the main and general sewerage of sewers in 
 the metropolis, make such general or special orders as to them may different 
 seem proper for the guidance, direction, and control of the vestries of Parishes or 
 parishes and district boards in the levels, construction, alteration, dl icte.and 
 maintenance, and cleansing of sewers in their respective parishes or P a y ment * 
 districts, and for securing the proper connexion and intercommunica- c m P ensa 10U 
 tion of the sewers of the several parishes and districts, and their com- ^wttwi " 
 munications with the main sewers vested in the said metropolitan ^hereof (e) 
 board, and generally for the guidance, direction, and control of vestries 
 
 and district boards in the exercise of their powers and duties in rela- 
 tion to sewerage, and all such orders shall be binding upon such 
 vestries and boards : Be it enacted, that whenever the said metro- 
 politan board shall, in exercise of the said power, have ordered that 
 any sewer or sewers vested in the vestry, district board, or other 
 body (/) acting for any parish or place comprised in the schedules of 
 the firstly-recited Act, having control over the sewers in one parish, 
 
 (d) See case of CooJc v. Ward, W. N. (1877) p. 110, as to the delegation 
 of powers by a committee ; cited in note to section 58 of 18 & 19 Viet. 
 c. 120, ante. 
 
 (e) This provision enables the metropolitan board to direct the payment 
 of a pecuniary consideration to any body having control over sewers where 
 their works are made use of for the benefit of another parish or district a 
 power not contained in the original Act. 
 
 ( m / 1 ) The exercise of this power is restricted to parishes and districts 
 named in the schedules, therefore the city of London is excluded from the 
 operation of the clause. One of the earliest examples of an arrangement 
 very similar to that contemplated by this clause is presented in the case of 
 a communication between the sewers of the Holborn and Finsbury divisions 
 and those of the Corporation of London. By one of the local Acts of that 
 commission, 18 Geo. 3, c. 66, in consideration of the benefit accruing to the 
 Finsbury division, St. Leonard, Shoreditch, and Norton Folgate, from the 
 sewers of those localities being permitted to run into the sewers of the 
 city of London, the above-named commissioners were required to pay an 
 annual sum of 150 into the chamber of the city of London for ever. That 
 sum was, it is believed, regularly paid by the Holborn and Finsbury com- 
 missioners, and by their successors, the metropolitan commissioners of 
 sewers, to the Corporation down to the year 1855. See provisions in 
 Beckenham Sewerage Act, 1873, for connection between sewers of the parish 
 of Beckenham and the sewers of the Lewisham Board of Works, and other 
 Acts referred to in note to section 135 of Metropolis Management Act, 
 1855, ante.
 
 182 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 32. district, or part, shall, for the purpose of outfall or otherwise, be con- 
 nected with any sewer or sewers vested in the vestry or district board 
 of another parish, district, or part, or other body having control over 
 the sewers in such parish, district, or part, it shall be lawful for the 
 vestry, district board, or other body, for the drainage of whose parish, 
 district, or part, such connexion shall be required, and at whose 
 instance and request such order shall have been made, to execute all 
 necessary works as well within their own parish, district, or part as 
 within any other parish, district, or part which shall be specified in 
 the said order of the metropolitan board for effecting such connexion : 
 Provided that every communication to be made by any vestry, district 
 board, or other body with any sewer out of their own parish, district, 
 or part shall be made under the supervision and to the satisfaction of 
 the board, vestry, or other body having control over such last-men- 
 tioned sewer ; and where it shall appear to the said metropolitan 
 board to be equitable and just, under the circumstances of the case, 
 that any vestry, board, or other body so connecting their sewers with 
 the sewers vested in another vestry, district board, or other body 
 should pay such last-mentioned vestry, board, or body any compen- 
 sation or remuneration, either in one sum or by yearly or other pay- 
 ments, for the use of their sewer, it shall be lawful for the said 
 metropolitan board to order and direct payment of such compensation 
 or remuneration accordingly, and the vestry, board, or other body to 
 whom any such payment shall be directed to be made may recover 
 the same from the vestry, board, or body directed by such order to 
 make such payment, either by action at law or before a justice of the 
 peace in a summary manner. 
 
 Eegulations 
 as to break- 
 ing up 
 turnpike 
 roads. 
 
 33. The one hundred and fifty-seventh section of the firstly-recited 
 Act is hereby repealed ; and in lieu thereof be it enacted, that the 
 metropolitan board of works, and any vestry or district board may r 
 where necessary for the purpose of executing any work authorized by 
 the recited Acts or this Act, open and break up any turnpike road 
 under and subject to the restrictions and provisions 'hereinafter con- 
 tained ; that is to say, three days' previous notice, with a full 
 description of any intended works, shall be left at the office of the 
 commissioners or trustees of the road, and, except by the permission 
 of the said commissioners or trustees, the traffic of the road shall not 
 at one time be stopped or hindered along more than half of its width, 
 nor, if the half left open be of less than the clear width of fourteen 
 feet, along more than one hundred yards in length, and the party 
 doing the works shall cause all openings in the road to be effectually 
 secured and fenced, and affix and maintain lights during the night 
 near to the place where the ground is open, so as to prevent accidents; 
 and the said commissioners or trustees are hereby absolved from all 
 liability in respect of any accident arising in consequence of such 
 works ; and the party doing the work shall restore every road so 
 opened or broken up to its original state as to surface and materials(a), 
 and, in order to meet the future expenses consequent on the subsi- 
 dence of materials newly filled in, shall pay to such commissioners or 
 trustees, on demand, such sum as they shall require for such purpose, 
 not exceeding Is. for every superficial square yard, and, so far as the 
 
 (a) See Hyams v. Webster, L. E. 2 Q. B. 264 j 4 Q. E. (Ex. Ch.) 138, 
 where it was held that the contractor of the Metropolitan Board of Works, 
 who had properly reinstated a highway (not a turnpike road), was not liable 
 for subsequent natural subsidence.
 
 25 & 26 VICT. c. 102, ss. 3336. 183 
 
 works affect the same, shall make good all drainage, paving of water Section 33. 
 
 channels, kerbs, or footpaths, and other matters and things connected 
 
 with the maintenance of the road, and in default the surveyor of the 
 
 said commissioners or trustees may cause the necessary work to "be 
 
 done ; and in all cases of expense incurred by any such surveyor on 
 
 the default of the party doing the works, such party shall pay such 
 
 expense to the commissioners or trustees on demand. 
 
 34. Where any works authorized by this or the recited Acts will Plan, &c., 
 interfere with any railway or canal, the board or vestry proposing to of works 
 construct such works shall before commencing the same give*notice affecting 
 in writing of their intention so to do to the company owning such railways or 
 railway or canal, and shall, together with such notice, deliver a plan canals to be 
 and section showing the nature of such interference ; and if within su " m itted 
 seven days after the receipt of such notice the company shall by C - m /i\ 
 writing, addressed to the board or vestry, object to the manner in P anics ()- 
 which it is intended to interfere with such railway or canal respec- 
 tively, on account of the probable interruption or endangering of the 
 
 traffic thereon, the same works shall not be commenced ; and it shall 
 thereupon be referred to an engineer, to be appointed by the board of 
 trade, on the application of either party, to determine the manner of 
 executing the said works, and the determination come to by such 
 engineer shall be binding on both parties. 
 
 35. Provided always, that it shall not be lawful for any board or Line of rail- 
 vestry to alter the level of any railway or canal, unless with the con- way not to 
 sent of the company owning the same respectively, or, if that be be altered, 
 refused, with the consent of the board of trade ; and provided also, 
 
 that nothing in this Act contained shall take away or affect the right 
 of any railway or canal company to compensation for the taking or 
 injuriously affecting (c) of any land or property of such company, or 
 for or by reason of the interruption of any traffic on their railway or 
 canal, or for any damages, costs, or expenses which such company may 
 be required to pay in consequence of such interruption. 
 
 36. The inspectors of votes directed to be appointed under the Inspectors 
 firstly-recited Act for any parish, or, where any parish is divided of votes to 
 into wards, for any ward of a parish, may, before commencing the appoint 
 duties of their office under the said Act, appoint by writing under umpire (d). 
 their hands an umpire ; and in case the said inspectors shall be unable 
 
 (&) The case of the North, London Railway Company v. The Metropolitan 
 Board of Works, 28 L. J. Ch. 909, is an authority that, under the 
 69th and 135th sections of 18 & 19 Viet. c. 120, boards and vestries might 
 enter private lands without notice in order to construct sewers. This 
 clause restricts that right so far as concerns works interfering with rail- 
 ways and canals, and renders a notice necessary. 
 
 (c) The compensation directed by the 135th section of the original Act, 
 18 & 19 Viet. c. 120, is for " damage done." The expression " injuriously 
 affecting" is the same as in the 68th section of the Lands Clauses Act, 
 8 Viet. c. 18. On the subject of compensation, see notes to sections 
 135, 152, and 225 of 18 & 19 Viet. c. 120, ante. 
 
 (d) See section 16 of the original Act, 18 & 19 Viet. c. 120, as to the 
 nomination of inspectors, and sections 18, 19, and 22 as to their duties. In 
 Goodhew v. Williams, L. R. 3 C. P. D. 382 (referred to in note to section 
 6 of 18 & 19 Viet. c. 120, ante), the court expressed the opinion that the 
 decision of the inspectors that a person was duly qualified and elected was 
 not conclusive.
 
 184 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 36. to agree upon or determine by a majority any matter which they are 
 
 by the said Act required to determine such matter shall be decided 
 
 by the said umpire, and his decision in relation thereto shall be final 
 and conclusive. 
 
 Vestries and 
 district 
 boards may 
 appoint their 
 days of 
 meeting. 
 
 Certiorari 
 for auditors 
 allowances 
 or disallow- 
 ances. 
 
 37. Every vestry and district board (a) constituted under the 
 firstly-recited Act, or this Act, may hold their meetings on such days 
 of the week, except Sundays, as they may from time to time deter- 
 mine, notwithstanding any provision to the contrary contained in any 
 local Act ; and any business which, by any local or other Act of 
 parliament, or custom, should be done by any such vestry on a cer- 
 tain day, may be done at any meeting of such vestry duly convened 
 for the purpose, and held within seven days next before or after such 
 certain day as aforesaid : provided that where the hour or time for 
 holding such meetings is fixed by the local Act they shall continue to 
 be held at the same hour or time. 
 
 38. Notwithstanding anything in the one hundred and ninety-fifth 
 section of the firstly-recited Act contained to the contrary, if any person 
 aggrieved by any allowance, disallowance, or surcharge by any auditors 
 of the accounts of any vestry or district board require such auditors 
 to state the reasons for the said allowance, disallowance, or surcharge, 
 the auditors shall state such reasons in writing in the book of account 
 in which the allowance, disallowance, or surcharge may be made (b); 
 and it shall be lawful for every person aggrieved by such allowance, 
 disallowance, or surcharge to apply to the court of Queen's Bench (c) 
 for a writ of certiorari to remove into the said court the said allow- 
 ance, disallowance, or surcharge, in the like maner and subject to the 
 like conditions as are provided in respect of persons suing forth writs 
 of certiorari for the removal of orders of justices of the peace, except 
 that the condition or the recognizance shall be to prosecute such 
 certiorari at the costs and charges of such person, without any wilful 
 or affected delay, and if such allowance, disallowance, or surcharge 
 be confirmed, to pay such auditors or their successors, within one 
 month after the same may be confirmed, their full costs and charges, 
 to be taxed according to the course of the said court, and except that 
 the notice of the intended application, which shall contain a state- 
 
 fa) The 39th section of 18 & 19 Viet. c. 120, enables district boards to 
 appoint the time and place of their ordinary meetings. The effect of this 
 provision seems to be to enable vestries to hold their ordinary meetings on 
 any day except Sunday ; but in the case of business appointed to be done on 
 particular days, that may be done on any day falling within the period. 
 liere defined, but at the same hour as is now fixed by the local Act. 
 
 (ft) See certiorari to remove auditor's disallowance of overseer's accounts, 
 and what grounds for disallowance insufficient; Eeg. v. Street, 16 Jur. 
 1085, and note to section 192 of 18 & 19 Viet. c. 120. 
 
 Where a poor law auditor certified under section 32 of 7 & 8 Viet, 
 c. 101, that a sum of money was due from an overseer, and in a proceeding 
 before justices to recover the amount, the defendant pleaded his dis- 
 charge under an adjudication in bankruptcy, it was held that the debt was 
 extinguished by the bankruptcy, and the justices had no jurisdiction to 
 commit under section 99 ; R. v. Masters, 38 L. J. M. C. 73. See rule 
 absolute to quash the disallowance by a poor law auditor of a sum neces- 
 sarily incurred for the services of extra clerks in the preparation of a new 
 valuation and charged with the consent of the vestry to the poor rate; R. 
 Y. Overseers of MedlocJc, 40 J. P. 531. 
 
 (() Now the Queen's Bench Division of the High Court of Justice.
 
 25 & 26 VICT. c. 102, ss. 3840. 185 
 
 ment of the matter complained of, shall be given to such auditors or Section 38. 
 
 their successors, who shall in return to such writ return a copy under 
 
 the hands of a majority of them of the entry or entries in such book 
 
 of account to which such notice shall refer, and shall appear before 
 
 the said court, and defend the allowance, disallowance, or surcharge 
 
 so impeached in the said court, and shall be reimbursed all such costs 
 
 and charges as they may incur in such defence out of the funds of 
 
 the vestry or district board respectively interested in the decision of 
 
 the question, unless the said court make any order to the contrary ; 
 
 and on the removal of such allowance, disallowance, or surcharge the 
 
 said court shall decide the particular matter of complaint set forth in 
 
 such statement and no other ; and if it appear to such court that the 
 
 decision of the said auditors was erroneous, they shall, by rule of 
 
 the court, order such sum of money as may have been improperly 
 
 allowed, disallowed, or surcharged to be paid to the party entitled 
 
 thereto by the party who ought to repay or discharge the same, and 
 
 they may also, if they see fit, by rule of the court, order the costs of 
 
 the person prosecuting such certiorari to be paid by the vestry or 
 
 district board to which such accounts relate, as to such court may 
 
 seem fit, which rules of court respectively shall be enforced in like 
 
 manner as other rules of the said court are enforceable (d). 
 
 39. If any person be returned to serve in any vestry for more than Provision in 
 one ward, lie shall on or before the next meeting of the vestry after case ^ a 
 such election signify in writing to the clerk of such vestry his decision vestryman 
 as to the ward which he may desire to represent on such return ; be ^ n ? 
 
 and if before or at such meeting he shall refuse or neglect so to do, r 
 
 the vestry shall determine the ward which he shall represent ; and r ^JJ n 
 
 the vacancy occasioned by such determination or decision shall be 
 
 filled up by an election to be held for that purpose within one month 
 
 from the date of such determination or decision, such election to be 
 
 conducted in the like manner as the annual elections of vestrymen. 
 
 40. The thirty-fifth section of the recited Act of the eighteenth and Elections 
 nineteenth Victoria is hereby repealed ; and in lieu thereof be it t be held 
 enacted, That the vestry constituted by the said Act in every parish annually for 
 mentioned in the second column of schedule (B.) to the same Act supptyng 
 shall, on the first Wednesday in the month of June in the year 1863, V! ' ies , 
 and in every subsequent year, elect so many persons (e) qualified by w 
 
 (d) The effect of this provision is to repeal that part of the 195th section 
 of 18 & 19 Viet. c. 120, which enacts that the allowance of the auditors 
 shall be final and conclusive. See that section, p. 154 and notes, ante, 
 which does not contain any provision for recovering surcharges. The cer- 
 tificate of the auditor as to the accuracy of a surcharge can only be disputed 
 on appeal to the Court of Queen's Bench under the statute, and the justices 
 can only issue their warrant when it is sufficiently proved that it is their 
 duty to issue it in accordance with the information ; S. v. Fordham, L. K. 
 8 Q. B. 501. For decisions on the auditing of poor rates, see Reg. v. 
 Greene, 21 L. J. M. C. 137 ; Reg. v. Great Western Railway Company, 13 
 Q. B. 327; Reg. v. Read, 13 Q. B. 524; R. v. Winsford, 13 Q. B. 873. 
 As to finality of certificate of auditor, see R. v. Linford, 7 E. & B. 950 ; 
 R. v. Finnis, 28 L. J. M. C. 201. It was decided in Barton v. Pigott, L. R. 
 10 Q. B. 86, that an order of justices allowing items made illegal under 
 section 46 of the General Highway Act, 5 & 6 Will. 4, c. 50, was bad under 
 section 44. 
 
 (e) The 35th section requires the persons elected to supply vacancies to be 
 "vestrymen" of the parish. This enables others than vestrymen to be
 
 186 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 40. rating and occupation, as required by the same Act and the recited 
 Act of the nineteenth and twentieth Victoria to be elected vestrymen 
 of such parish, to be members of the board for the district in which 
 such parish is comprised, as may be necessary for supplying the 
 vacancies among the members of such board elected for such parish 
 occasioned by expiration of the term of office of the members going 
 out of office at the time of such election. 
 
 by expiration 
 of term of 
 office. 
 
 As to division 
 into wards 
 when parish 
 contains two 
 thousand 
 houses (a). 
 
 No parish 
 shall be 
 
 41. When at any time, upon any account taken of the population by 
 the authority of parliament, any of the parishes within the metro- 
 polis not now divided into wards for the purpose of electing vestry- 
 men shall be found to contain more than two thousand rated house- 
 holders, it shall be lawful for the metropolitan board of works, upon 
 the application in writing of the vestry, or of not less than five hun- 
 dred rated householders of the parish, to divide such parish into 
 wards, and to determine and set out the number, extent, limits, and 
 boundary lines of such wards, but so nevertheless that 110 ward shall 
 contain less than five hundred rated householders, and that the whole 
 number of wards shall not exceed eight ; and the metropolitan board 
 shall apportion among the several wards the number of vestrymen to 
 be elected for such parish, and shall, in assigning the number of 
 vestrymen to each ward, have regard, as far as in their judgment is 
 practicable, as well to the number of persons rated to the relief of 
 the poor in each ward as to the aggregate amount of the sums at 
 which all such persons are rated ; and the number of vestrymen 
 assigned to each ward shall be a number divisable by three, and a 
 copy of the particulars of such division and apportionment shall be 
 forthwith transmitted to one of Her Majesty's principal secretaries of 
 state for his approval, and also to the vestry clerk of the parish to 
 which such division and apportionment relate ; and the said parti- 
 culars shall, within seven days after such transmission, be published 
 by the said board in the London Gazette ; and at the expiration of 
 not less than two calendar months the said secretary of state shall, if 
 he approve of the same, publish the said particulars again with nis 
 approval affixed thereto in the London Gazette ; but if the said secre- 
 tary of state disapprove of the proposed division into wards or ap- 
 portionment of vestrymen, then he shall, subject, however, to all the 
 above limitations, make such other division or apportionment as in 
 his judgment shall be more conducive to a fair representation in the 
 vestry of the interests of the ratepayers of the said parish, and shall 
 publish the particulars of such fairer division and apportionment in 
 the London Gazette, and the parish shall, after such publication by 
 him in the London Gazette, be deemed to be divided into such wards 
 so determined and set out. 
 
 42. No representation shall be made under the two hundred and 
 forty-ninth section of the firstly-recited Act, unless and until the 
 
 elected, provided they be qualified by rating and occupation, as required by 
 section 6 of 18 & 19 Viet. c. 120. 
 
 (a) The 3rd section of 18 & 19 Viet. c. 120, ante, limited the division 
 into wards to be made under that Act to parishes containing more than two 
 thousand rated householders at the the time of the passing of that Act. 
 This enactment provides for the division of a parish into wards where the 
 population has increased since the passing of that Act so as to exceed that 
 limit. The duties entrusted to the metropolitan board by this provision 
 are similar to those imposed upon the persons appointed by the secretary of 
 state under section 4 of the 18 & 19 Viet. c. 120, ante.
 
 25 & 26 VICT. c. 102, ss. 4244. 187 
 
 metropolitan board of works shall have given to the churchwardens Section 42 
 and surveyors of highways of the parish to which such representation 
 relates two months' notice in writing (6) under their common seal of annefed with- 
 their intention to make such representation and of the provisions ou t previous 
 which it is intended to propose in such representation ; and the said notice, 
 churchwardens and surveyors of highways shall, immediately after 
 receiving such notice as aforesaid, summon a vestry meeting of the 
 parish, and submit such notice to the consideration of the said meet- 
 ing ; and such representation of the said metropolitan board shall l)e 
 accompanied by a copy of all resolutions or statements that may 
 have been made to the said board in writing by the said church- 
 wardens and surveyors of highways, or either of them, by direction 
 of such vestry meeting. 
 
 43. The officer or officers of health for each parish or district shall Annual report 
 make an annual report (c) to the vestry or district board of the sani- f officer of 
 tary condition of the parish or district, and upon the other matters liealtu - 
 
 set forth in the one hundred and thirty-second section of the firstly- 
 recited Act, and it shall not be necessary to append to the annual 
 report of the vestry or district board, to be made in the month of 
 June in each year, a copy of any other report of such officer or officers 
 than such annual report. 
 
 44. It shall be lawful for the owners or occupiers of any land or Owners and 
 premises in any parish, district, or part within the limits of the occupiers of 
 metropolis as defined by the firstly-recited Act, with the consent and ^ an( ^ ma . y 
 subject to the regulations and conditions hereinafter mentioned, to execute w( 
 construct sewers at their own expense for the purpose of draining . 
 
 such land or premises ; and it shall be lawful for any vestry or dis- ieir OW1 / j\ 
 trict board in whom the sewers in any parish, district, or 'part are e3 
 vested, if they shall deem it just and proper so to do, to contribute 
 out of the rates under their control applicable to the execution of 
 works of sewerage to the cost of any sewers constructed for the pur- 
 pose aforesaid. 
 
 (b) The two months' notice to the churchwardens and surveyors directed 
 by this section is in addition to the one month's notice required by the 
 249th section of 18 & 19 Viet. c. 120, to be published in the London 
 Gazette. 
 
 (c) The 198th section of 18 & 19 Viet. c. 120, directs that vestries and 
 district boards shall append to the annual report of their proceedings, which 
 they are required to send to the Metropolitan Board of Works, a copy of 
 every report which may have been made to them by their medical officers 
 in the course of the past year. 
 
 (d) SeeFulham District Board of Works v. Goodwin, cited section 54, post. 
 Under 18 & 19 Viet. 120, a vestry or district board had no power to call on 
 a party to construct a sewer for the drainage of streets or house property. 
 See Clarke v. Vestry of Paddington, 5 Jur. (N.S.) 138. The absence of 
 any positive provision in the Metropolis Local Management Act, 1855, for 
 compelling the construction of sewers by private parties where land has 
 been newly let for building operations, induced some persons to believe that 
 vestries and district boards were compellable by mandamus to construct 
 sewers in private streets and roads, and proceedings have in some instances 
 been taken to compel them to do so. See Reg. v. Vestry of St. Luke, 
 Chelsea, 31 L. J. Q. B. 50; ex parte Cramp and ex parte Parsons, 
 22 J. P. 68. The power here given to vestries and district boards to con- 
 tribute to the cost out of the public rates, where the work may benefit a 
 larger district, is a useful one.
 
 188 
 Section 45. 
 
 Vestries, &c., 
 to submit 
 plans of new 
 sewers to 
 metropolitan 
 board (a). 
 
 Communica- 
 tions with 
 main sewers. 
 
 Private parties 
 before branch- 
 ing sewers 
 into main or 
 district sewers 
 to apply for 
 sanction of 
 vestries, &c. 
 
 Vestries, &c. 
 before sanc- 
 tioning sewers, 
 to apply for 
 approval of 
 metropolitan 
 board. 
 
 Seven days 
 notice must be 
 given before 
 drains can be 
 branched into 
 main sewers. 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 45. Any vestry or district board intending to construct any sewer 
 shall, before commencing any works for that purpose, submit to the 
 metropolitan board of works a plan of the street or place in which it 
 is proposed to construct such sewer, drawn to such a convenient scale 
 or scales as the said metropolitan board shall direct, and there shall 
 be shown on such plan the position, course, and dimensions of the 
 proposed sewer, with a section or sections thereof, and such other 
 particulars in relation thereto as the said metropolitan board shall 
 deem necessary and require, and no such sewer or works shall be 
 proceeded with without the approval in writing or contrary to the 
 direction of the said board. 
 
 46. Three clear days' notice in writing shall be given to the metro- 
 politan board of works by any vestry or district board previously to 
 the connexion of any sewer or drain with a main sewer ; and the 
 necessary junction or communication for that purpose shall be made 
 by such vestry or district board to the satisfaction of the said metro- 
 politan board. 
 
 47. Every person other than a vestry or district board intending 
 to make or branch a sewer, either into a sewer vested in the metro- 
 politan board of works, or into a sewer vested in any vestry or dis- 
 trict board, shall in the first instance lay the plan and section thereof 
 before, and apply for the sanction of, the vestry or district board of 
 the parish, district, or part in which such last-mentioned sewers shall 
 be situate ; and no sewer shall be begun to be made by such person 
 until the sanction in writing of such vestry or district board shall 
 have been obtained. 
 
 48. Before any vestry or district board shall sanction the construc- 
 tion of any such sewer they shall submit the plan and section thereof 
 to the metropolitan board of works for their approval, in the same 
 manner as if such sewer were proposed to be constructed by such 
 vestry or district board ; and no vestry or district board shall sanc- 
 tion the construction of any such sewer without the approval in 
 writing of the said metropolitan board first had and obtained. 
 
 49. All persons intending to make or branch any drain into a sewer 
 vested in the metropolitan board of works shall, seven clear days 
 before commencing any works for that purpose, make written appli- 
 cation to the vestry or board of the parish, district or part in which 
 such sewer shall be situate, accompanied by a plan showing such 
 particulars as may be required by any bye-law or resolution of the 
 
 (a) The clauses from 45 to 51 inclusive embody regulations for the con- 
 struction of sewers, and ensure the submission of proper plans and parti- 
 culars before the work can be sanctioned. They also effect a division of 
 labour between the metropolitan and local boards, by which all applications 
 from private parties first come before the latter, and they then communi- 
 cate with the metropolitan board. These regulations are intended to render 
 that provision of the 69th section of 18 & 19 Viet. c. 120, effectual, by 
 which the making of new sewers is prohibited without the previous approval 
 of the metropolitan board. There is an early precedent for regulations of 
 this nature in 47 Geo. 3, c. 7, an Act relating to the Westminster commis- 
 sion, by which, previous to the construction of any new sewer intended to 
 communicate with the sewers of the commissioners, notice to those commis- 
 sioners was necessary, and such sewer was required to be made according to 
 their direction.
 
 25 & 26 VICT. c. 102, ss. 4952. 189 
 
 said metropolitan board ; and no such work chall be commenced Section 49. 
 until the sanction in writing of the said vestry or district board shall 
 have been given. 
 
 60. When it shall be desired to abandon either wholly or in part, Regulations as 
 or to extend, contract, or alter any design for a sewer previously sub- to abandon - 
 mitted to and approved by the metropolitan board of works, notice in ment, altera- 
 writing of such desire shall be given by the vestry or district board on> &c ^ 
 by whom such approval shall have been obtained to the said metro- desi S ns r 
 politan board, accompanied by plans and sections showing the nature viousl *L" 
 of the abandonment, extension, contraction, or alteration desired ; prove ^ 
 and no such abandonment, extension, contraction, or alteration shall 
 be made without the previous approval in writing of the said metro- 
 politan board ; and no person other than a vestry or district board 
 shall abandon wholly or in part, or extend, contract, or alter in con- 
 struction, any sewer approved or sanctioned by the metropolitan 
 board of works, without the previous sanction in writing of the 
 vestry or district board in whose parish or district the works were 
 intended to be executed, to be applied for and given in the same 
 manner as hereinbefore directed with respect to new sewers. 
 
 51. In case any sewer sanctioned and approved by the metropo- i n case 
 litan board of works as hereinbefore provided shall not be constructed sewer be not 
 or executed within twelve calendar months from the date of such constructed 
 sanction or approval, the works for the construction of such sewer within 12 
 shall not be executed without a fresh permission by the metropolitan months, fresh 
 board, and their written sanction that the necessary works for the application to 
 construction of such sewer may proceed, to be applied for and be made (6). 
 obtained in manner hereinbefore provided with respect to the original 
 permission for the construction of such sewer. 
 
 52. Where any sewer shall, after the passing of this Act, be con- Ex P^ nse f 
 stracted by any vestry or district board in or for the drainage of any gg T gra iVnfw 
 new street (d), or of any house or houses erected since the 1st day of streets and 
 January, 1856, the expense of constructing such sewer and the works greets laid out 
 appertaining thereto, including the cost of gullies, side entrances, smce i s t Jan., 
 lengths of sewer at the intersection of streets, and other incidental 1355 ( c ). 
 charges and expenses shall be borne and defrayed by the owners (e) 
 
 of such street or houses, and of the land bounding or abutting on 
 such street respectively, and the said expenses shall be apportioned 
 by the vestry or district board in such proportion as they may deem 
 just, and the amount charged upon or payable in respect of each 
 
 (6) There was a bye-law of the Westminster commission which contained 
 a similar provision. 
 
 (c) See as to charging a portion of the expenses of arching sewers on 
 occupiers of adjoining lands in the repealed statute relating to the Surrey 
 and Kent sewers commission, 10 & 11 Viet. c. 217 ; analogous provisions in 
 the repealed statute relating to the Westminster commission, 10 & 11 Viet, 
 c. 70 ; and the powers of the commissioners under the Metropolitan Sewers 
 Act, 11 & 12 Viet. c. 112, for compelling sewers constructed to be continued, 
 and as to special rates, contributions, &c. 
 
 (d) See definition of the expression "new street," section 112. 
 
 (e) See definition of word "owner" in section 250 of 18 & 19 Viet. c. 
 120, ante, with which this Act is to be read as one Act; section 110, post ; 
 and decisions cited in Metropolis Management Act, 1865, section 105, 
 ante, and section 77 of this Act as to who are " owners " within the enact- 
 ments relating to paving new streets.
 
 190 
 
 Section 52. 
 
 Expense of 
 constructing 
 sewers where 
 there had 
 before been 
 only open 
 sewers. 
 
 METKOPOLIS LOCAL MANAGEMENT. 
 
 house or premises shall be payable before the works shall be com- 
 menced, during their progress, or after their completion (a) as the 
 vestry or district board shall in each case determine, either in one 
 sum or by instalments, within such period not exceeding twenty 
 years, as the vestry or district board shall direct ; and any such sum 
 or instalments shall be recoverable from the present or any future 
 owner of the said house or premises either by action at law or in a 
 summary manner before a justice of the peace at the option of the 
 vestry or board (&). 
 
 53. Where any sewer shall be constructed by any vestry or dis- 
 trict board in a street (c) in which previously to such construction 
 there had been no sewer, or only an open sewer, but where sewers 
 rates have been levied previously to such construction, the expense 
 of constructing such sewer and the works apertaining thereto, in- 
 cluding the cost of gullies, side entrances, lengths of sewer at the 
 intersection of streets, and other incidental charges and expenses, 
 shall be borne and defrayed in part only by the owners of the houses 
 situated in and of the land bounding and abutting on such street 
 respectively ; and the amount to be borne by such owners shall be 
 determined by the vestry or district board in each particular case, 
 and the residue of such expenses shall be defrayed by the vestry or 
 district board out of the sewers rates levied in their parish or district ; 
 and the amount so charged by the vestry or district board upon or 
 
 (a) See a similar provision as to the expenses of paving new street, sec- 
 tion 77. 
 
 (V) Where, under the Local Government Act, a local board had the, 
 option of recovering the expenses of paving and sewering a new street 
 either in the county court or by a summary proceeding, the limitation of 
 six months within Jervis' Act was held to apply to botk proceedings ; 
 Tottenham Local Board of Health v. Rowell, L. R. 1 Ex. D. (c.A.) 514; 
 see also West Ham Local Board of Health v. Maddams, 40 J. P. 470. 
 
 (c) It was held in Vestry of St. Giles, Camberwell \. Wetter, 17 W. K. 
 973, that where sewers rates had been charged previous to the construction 
 of a sewer, the whole expense must not be charged on the owners, because 
 the word "street" in the 53rd section applies to any street, whether new 
 or old, in which sewers rates have been levied ; but this case was over- 
 ruled in Sawyer v. Paddington Vestry, 40 L. J. M. C. 8, where it 
 was held that the word " street " in this section does not apply to a " new 
 street " within section 52. Where a new sewer was constructed in a new 
 street, and sewers, rates had been levied there previously to such construc- 
 tion, an apportionment imposing no portion of the cost on the sewers rate 
 is bad ; Sheffield v. Fulham District Board of Works, L. R. 1 Ex. D. 
 (c.A.) 395, where it was said by the court that section 52 did not apply, 
 and even if it did the assessment would appear to be bad, for omitting to 
 impose any part of the cost on the owners of the building land abutting on 
 the ends of the street. 
 
 Where the respondent had constructed a sewer in a new street with the 
 sanction of the Metropolitan Board of Works, and the appellants took it up 
 and laid down a new sewer : Held the respondent was not liable to pay any 
 part of the cost ; Fulham District Board of Works v. Goodwin, L. R. 1 
 Ex. D. (C. A.) 400 ; 41 J. P. 139. 
 
 There is no limit of time for making the apportionment upon the 
 owners; Bradley v. Greemvich Board of Works, L. R. W. N., 1878, 
 p. 123 ; L. R. 3 Q. B. D. 384. The six months limit of time for proceed- 
 ings under Local Government Act, 1858, and Public Health Act, 1848, for 
 recovery of expenses of sewerage, &c., runs from notice of demand, and 
 not from notice of apportionment ; Grece v. Hunt, L. R. 2 Q. B. D. 389.
 
 25 & 26 VICT. c. 102, ss. 5357, 191 
 
 In respect of each house or premises shall be payable, either before Section 53. 
 
 the works shall be commenced, during their progress, or after their 
 
 completion, as the vestry or board shall in each case determine, 
 
 either in one sum or by instalments within such period, not exceed- 
 
 ing twenty years, as the vestry or board shall direct ; and any such 
 
 sum or instalment shall be recoverable from the present or any 
 
 future owner of such house or premises either by action at law or in 
 
 a summary manner before a justice of the peace, at the option of the 
 
 vestry or board : Provided that no street or property in respect of 
 
 which sewers rates have been levied for five years prior to the 1st 
 
 day of January, 1856, shall be subject to be charged undei* the 
 
 provision contained in this section. 
 
 54. In apportioning the cost of constructing sewers under the pro- Land may be 
 visions contained in the two last preceding sections of this Act charged in a 
 relating to the construction of sewers wholly or partly at the cost less proportion 
 of private parties, it shall be lawful for any vestry or district board than house 
 
 to charge the owners of land bounding or abutting on any street property. 
 in a less proportion than the owners of house property, should they, 
 under the circumstances of the case, deem it just and expedient so 
 to do. 
 
 55. In any case in which the estimated expenses shall exceed the Where esti- 
 actual cost of constructing sewers under the provisions contained in mated ex- 
 the said two preceding sections of this Act relating to the construe- penses exceed 
 tion of sewers wholly or partly at the cost of private parties, then the a 9* ua l cost, 
 diilerence between such estimated expenses and the actual cost shall difference to 
 be repaid by the vestry or board to the owners of the houses or e refunded 
 premises by whom the amount of any such estimated expenses may , ^' * n . wnere 
 have been paid ; and in any case in which the estimated expenses es . s , ? 
 
 shall be less than the actual cost of constructing any sewer or sewers Srttr Ac (d) 
 under the provisions aforesaid, then the owners of the said houses v. / 
 
 or premises shall, on demand, pay to the said vestry or board such 
 further sum of money as, together with any sums already paid, will 
 makeup the amount of the actual cost; and the vestry or district 
 board shall have all the same remedies for the recovery of such 
 further sum as are hereinafter given for recovering any expenses 
 apportioned by vestries or district boards under the said enactments. 
 
 56. It shall be lawful for the vestry or district board, should they Vestry or dts- 
 deem it reasonable and just so to do, at their discretion to defray, out trict board 
 
 of the sewers rates to be levied in their parish or district, any portion may defray 
 
 of the expenses of and incident to the construction of sewers under part of ex- 
 
 the provisions contained in the said two sections of this Act relating pense out of 
 
 to the construction of sewers wholly or partly at the cost of private sewer rates 
 
 parties. ( e l- 
 
 57. Any person who may deem himself aggrieved by any order or Appeal 
 resolution of any vestry or district board in relation to the expenses against orders 
 of constructing works under the said two sections of this Act relating of vestries, 
 
 (d) The provision for repayment of the difference is similar to that con- 
 tained in the 105th section of 18 & 19 Viet. c. 120, ante, with respect to 
 the expenses of paving new streets. 
 
 (e) The 86th section of 18 & 19 Viet. c. 120, enables vestries, &c., to 
 defray the whole or a portion of the costs of constructing sewers, &c., for 
 the abatement of nuisances, after default by private parties.
 
 192 
 
 Sections?. 
 
 &c., as to 
 amount or 
 apportion- 
 ment of 
 expenses (a). 
 
 Execution of 
 works of 
 sewerage by 
 vestries and 
 district boards 
 beyond the 
 limits of the 
 metropolis (b). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 to the construction of sewers wholly or partly at the cost of private 
 parties, or the apportionment of such expenses, may appeal to the 
 metropolitan board of works against such order or resolution, subject 
 in all respects to the directions and provisions contained in the 211th 
 section of the firstly -recited Act, and the section of this Act relative to 
 the form of order to be made by the committee of appeal of the metro- 
 
 C"tan board of works against orders or acts of vestries or district 
 ds. 
 
 58. Whereas the vestries of the parishes mentioned in schedule (A.) 
 of the firstly-recited Act and district boards are, by the 69th section 
 of the said Act, subject to the powers vested in the metropolitan 
 board of works, empowered to make, repair, and maintain sewers 
 vested in them, and to do and perform other works and matters as in 
 the said section is mentioned, and it is. expedient to give increased 
 facilities to such vestries and district boards for the execution and 
 performance of such works and matters : Be it therefore enacted, 
 that whenever it shall be found necessary by the vestry of any parish 
 mentioned in schedule (A.) to the said Act, or by the board of works 
 of any district mentioned in schedule (B.) to the said Act, for the 
 purpose of executing works for any of the purposes mentioned in the 
 said section, to carry any sewer or works within the limits of the 
 metropolis as defined by the said Act, it shall be lawful for any such 
 vestry or district board to execute works in parts situate beyond or 
 without such limits, and to cleanse, repair, and maintain such works 
 as they shall from time to time deem necessary : Provided always : 
 that no work shall be performed or commenced by any vestry or 
 district board beyond the limits of the metropolis as above defined, 
 except for the purpose of continuing or forming part of a work com- 
 menced or executed within their respective parish or district ; nor 
 shall any such works be performed or commenced without the con- 
 sent in writing of the metropolitan board of works for that purpose 
 first had and obtained, nor -without the consent of the vestry or 
 district board, or authorities of the parish or place through which 
 the work may pass ; but if any such vestry or district board or au- 
 thority shall refuse such consent, one of Her Majesty's chief secretaries 
 
 (a) The sewers themselves must have been previously sanctioned by the 
 metropolitan board, under section 69 of 18 & 19 Viet. c. 120, and 45th and 
 following sections of this Act, and the appeal is limited to the amount of 
 the expenses. 
 
 (b) There are certain parishes near the central boundary of the metro- 
 polis which, owing to the fall of the ground, can only be drained by means 
 of outfalls traversing districts situate beyond the metropolitan limits, and 
 much inconvenience has been occasioned by the want of a power similar to 
 that conferred by the present section. The power to carry sewers through 
 lands, as well beyond as within the limits of the metropolis, is given by the 
 135th section of 18 & 19 Viet. c. 120, to the metropolitan board alone ; the 
 words " beyond the limits," being omitted from the 69th section, defining 
 the powers of the latter for the execution of works. It has been held under 
 the Public Health Act, 11 & 12 Viet. c. 63, that the power of local boards 
 to construct sewers is confined to their own limits, and that the 30th section 
 of the Local Government Act, 21 & 22 Viet. c. 98, only enables those boards 
 to go beyond their own district when it is necessary to do so for the pur- 
 pose of outfall or the distribution of sewage ; Hayward v. Lowndes, 
 28 L. J. Ch. 400. See reference to Acts containing powers for the 
 drainage of certain parishes and places not within the metropolitan area in 
 note to section 135 of 18 & 19 Viet. c. 120, ante.
 
 25 & 26 VICT. c. 102, ss. 58, 59. 193 
 
 of state shall have authority under this Act to decide whether such Section 58. 
 
 consent ought to be withheld, and such secretary of state may make 
 
 such order as to him shall seem just ; but nothing herein contained 
 
 shall apply to any work for the purpose of the main drainage of the 
 
 metropolis under the recited Acts : Provided also, that no new 
 
 sewer either within or beyond the limits of the metropolis shall be 
 
 made or executed by any vestry, district board, or other body (c) 
 
 having control over sewers within the metropolis without the 
 
 previous approval of the said metropolitan board. 
 
 59. The provisions contained in the eightieth section of the firstly- Contribution 
 recited Act, empowering vestries and district boards to order, at to cost of 
 their discretion, under the circumstances therein mentioned, such ma in sewers 
 sums as they shall deem just to be paid and contributed by the and sewers 
 owners of houses towards the expense of the construction of sewers built since 
 into which drains from such houses shall be made or branched, shall 1st January, 
 be extended, and the same are hereby extended and made applicable 1853, or here- 
 to the metropolitan board of works with respect to houses draining after to be 
 into main sewers constructed at the expense of any person or body built GO- 
 other than any commissioners of sewers, and which are vested in the 
 metropolitan board ; and the same provisions are hereby extended 
 and made applicable to all sewers within the limits of the metropolis 
 as defined by the firstly-recited Act, built since the 1st day of 
 January, 1856, or which may hereafter be built at the expense of 
 any person or body other than the metropolitan board of works, or 
 any vestry, district board, or other body having control over sewers 
 within the metropolis, into which house drains may be made or 
 branched ; and the said metropolitan board, vestry, district board, 
 or other body, as the case may be, may at their discretion accept 
 payment of contribution from the owners of houses draining into 
 such sewers respectively, either in one sum or by instalments within 
 any period not exceeding twenty years, with interest after a rate not 
 exceeding ,5 by the hundred by the year, as the said board, vestry, 
 or other body shall in each case determine, and shall on receipt of 
 any such contribution or instalment pay over the same to the person 
 or body entitled thereto ; and every sum payable to the said board, 
 vestry, or other body by way of contribution to the construction of 
 sewers shall be recoverable from the present or any future OAvner 
 of the said premises either by action at law or before a justice of 
 the peace in a summary manner, at the option of the board or vestry : 
 Provided that nothing herein contained shall prejudice or affect 
 the right of vestries and district boards to demand and recover 
 from the owners of houses and land the sums charged iipon them 
 
 (c) This provision goes beyond the 18 & 19 Viet. c. 120, which applies 
 to the works of vestries and district boards only. The words here used 
 are apparently large enough to include the commissioners of sewers for the 
 city of London. 
 
 (d) This is an extension of the provisions contained in the 80th section of 
 18 & 19 Viet. c. 120, by which the liability to pay contribution to the 
 cost of the construction of sewers is limited to the case of sewers as built 
 previously to the passing of the Act, and to sewers vested in vestries and 
 district boards, but built at the expense of private individuals. The 
 section as here framed, authorizes contribution to the cost of main sewers 
 which have been built at the expense of private parties, and of sewers of 
 every description built since the 1st of January, 1856, or which may here- 
 after be built at the cost of private parties. 
 
 O
 
 194 
 Section 59. 
 
 Where time 
 is given for 
 payment of 
 contribution, 
 the metro- 
 politan board 
 shall keep a 
 register. 
 
 Regulations 
 respecting 
 openings into 
 sewers (6) . 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 by such vestry and district boards respectively under the provisions 
 contained in this Act (a). 
 
 60. In all cases in which time shall be given by the metropolitan 
 board of works, or by any vestry, district board, or other body, for 
 the payment of any contribution to the cost of a sewer as aforesaid, 
 the metropolitan board of works shall keep a register of all such 
 orders for contribution, which register shall contain the description 
 of the premises, the amounts payable, the periods for payment, and 
 other necessary particulars ; and such register shall be open to inspec- 
 tion by parties interested during office hours without payment of fee 
 or reward ; and every vestry, district board, or other body giving 
 time for payment of any such contribution as aforesaid shall forth- 
 with transmit to the said metropolitan board a copy of their order or 
 resolution in that behalf made, and such other particulars' in relation 
 thereto as the said board may deem necessary and .require. 
 
 61. The seventy-seventh section of the firstly recited Act is hereby 
 repealed ; and in lieu thereof be it enacted, that no person shall 
 make or branch any sewer or drain, or make any opening into any 
 sewer vested in the metropolitan board of works, or in any vestry or 
 district board, without the previous consent in writing of such board 
 or vestry : Provided that it shall be lawful for any person, with such 
 consent, at his own expense, to make or branch any drain into any 
 sewer vested in such board or vestry, or authorized to be made by 
 them or either of them under the firstly-recited Act or this Act, such 
 drain being of such size, materials, and other conditions, and branched 
 into such sewer in such manner and form of communication in all 
 respects, as the board or vestry shall direct or appoint (c): provided 
 also, that where any contribution to the cost of a sewer is payable in 
 respect of drainage into the same, it shall not be lawful for any person 
 to make or branch any drain into such sewer, except in conformity 
 with the directions of the board or vestry in whom the same shall be 
 vested with respect to payment of contribution under the provisions, 
 contained in the firstly -recited Act and this Act in that behalf (d); 
 
 (a) This refers to the cost of constructing sewers in new streets, &c., 
 under sections 52 and 53. 
 
 (b) The section as now re-enacted, imposes the condition of a previous 
 application to and written consent by the respective bodies in whom the 
 sewers are vested, and in general gives more efficient control over the exe- 
 cution of the works. It also provides for paymept of contribution, and, in 
 addition to the penalties incurred by any infraction of its provisions, the 
 wrongful drainage may be cut off. 
 
 Where a statutory obligation is imposed upon a person, he is liable for 
 any expense in consequence of its having been negligently performed, and this 
 whether it was performed by a contractor engaged by him or by himself. And 
 where A. employed a contractor to lay a drain from his premises to a sewer, 
 through whose negligence damage occurred, Held by the Ex. Ch., reversing 
 the decision of the Q. B., that A. was responsible " in an action by the 
 party injured; Gray v. Pullen, 5 B. & S. 970; and see Hole v. Sitting, 
 bourne Railway Co. 6 H. (STN. 488; and Pickard v. Smith, 10 C. B. (N.S.) 
 470, as to employers being held responsible for injuries caused by persons 
 employed by them. 
 
 (c) As to the discretion of the board or vestry with respect to the ma- 
 terials to be used, see Austin v. St. Mary, Lambeth, 27 L. J. Ch. 677, cited 
 in note (c) to section 76, 18 & 19 Viet. c. 120, ante. 
 
 (d) See section 80 of 18 & 19 Viet. c. 120, ante, and section 59 of this 
 Act.
 
 25 & 26 VICT. c. 102, ss. 6163. 195 
 
 and in case any person, without the consent of the said metropolitan Section 61. 
 board, district board, or vestry as aforesaid, make or branch, or cause 
 to be made or branched any sewer or drain, or make any opening into 
 any of the sewers vested in any such board or vestry, or authorized to "be 
 made by them as aforesaid, or if any person make or branch, or cause 
 to be made or branched, any drain of a different construction, size, 
 material, or other conditions, or in another manner or form of com- 
 munication than shall be directed or appointed by such board or 
 vestry, every person so offending shall for every such offence forfeit 
 a sum not exceeding ,50 ; and the board or vestry may cut off the 
 connexion between such drain and their sewer, or if they shall see fit 
 execute the necessary works for making the said drain conformable to 
 their regulations or directions at the expense of the person making 
 such drain or causing the same to be made, such expenses to be re- 
 covered either by action at law or in a summary manner before a 
 justice of the peace, at the option of the board or vestry. 
 
 62. Every district surveyor required to report by the one hundred Reports as to 
 and third section of the firstly-recited Act, shall, without fee or re- underground 
 reward, report to the metropolitan board, and to every vestry and rooms occu- 
 district board in the district in which such surveyor may act, in the F e< ^ ^; s 
 months of June and December in each year, and at all other times dwellings, 
 when he shall be recpaired so to do by any such board or vestry, all 
 underground rooms or cellars occupied as dwellings within the mean- 
 ing of the first-recited Act that are not 'built or constructed in 
 conformity with the rules contained in the said section, and shall in 
 
 such report set forth the exact locality in which such underground 
 rooms or cellars are situate ; and in any procedings taken to recover 
 the penalty under the said one. hundred and third section of the said 
 Act, such evidence as may give rise to a probable presumption (e) 
 that some person passes the night -in such room or cellar shall be 
 evidence, until the contrary be made to appear, that such has been the 
 case. 
 
 63. Whereas by the seventy-sixth section of the firstly-recited Act, Extension of 
 it is provided that the vestry or district board shall make their order time under 
 in relation to the matters therein referred to, and cause the same to be section 76 of 
 notified to the person from whom the notice mentioned in the said 18 & 19 Viet, 
 section was received within seven days after the receipt of such notice, c - 120, for 
 and it is expedient that the time for 'making such order should be making 
 extended : Be it therefore enacted, that where any notice shall have order . s W 
 been given to any vestry or district board pursuant to the said section, vestries -an 
 
 it shall be lawful for the surveyor of such vestry or board, if he shall ? 1S n , 
 deem it necessary and proper so to do, within three days after the 
 receipt of such notice by the vestry or district board, by writing under 
 his hand directed to and served upon the person giving such notice, 
 to require that the buildings or works referred to therein shall not be 
 proceeded with until after the then next meeting of the said vestry or 
 district board, and until their directions in reference thereto shall 
 have been notified'to such person, provided that the order of the said 
 vestry or district board shall be made and riotified to the said person 
 at the latest within fifteen days after the receipt of such notice by the 
 vestry or district board ; and in case any person shall proceed with 
 
 (e) It would seem that the evidence raising probable presumption must 
 be such as would constitute reasonable (/rounds within section 10 1 of 18 & 19 
 Viet. c. 120, ante.
 
 19G 
 
 METKOPOLIS LOCAL MANAGEMENT. 
 
 Section 63. 
 
 Where par- 
 ties neglect 
 to carry out 
 works pur- 
 suant to 
 order of 
 vestry, the 
 vestry may 
 recover 
 penalty 
 or do the 
 works T. 
 
 Penalties in 
 18 & 19 Viet. 
 c. 120, ex- 
 tended to 
 persons 
 causing 
 offences (5). 
 Temporary 
 provision 
 for drainage 
 of \ roperty 
 where no 
 proper 
 sewer within 
 200 feet (c). 
 
 any building or works contrary to tliis enactment he shall forfeit and 
 pay to the vestry or district board a sum not exceeding 5, and also a 
 further sum of 40s. for every clay during which such offence shall 
 continue, to be recovered by action at law or in a summary manner 
 at the option of the vestry or board. 
 
 64. Whereas by the seventy -third, seventy-fourth, seventy -sixtli 
 eighty-first, eighty-fifth, and eighty-sixth sections of the firstly-recited 
 Act, certain works, matters, and things are required to be constructed, 
 made, or executed on the requisition of vestries and district boards 
 by the owners or occupiers of the premises therein referred to; and 
 in case any such owner or occupier refuse or neglect to commence, 
 proceed with, or complete the same, as the case may be, the vestry or 
 district board are authorized to perform and execute such works, mat- 
 ters, and things, and recover the costs incurred thereby in manner 
 therein provided : Be it enacted, that in case of any such neglect ox 
 default by any person or persons to comply with the order of any 
 vestry or district board to execute any works, matters, or things under 
 any of the said provisions, the person or persons so offending shall 
 forfeit and pay to the vestry or district board a sum not exceeding 
 ,5, and also a further sum not exceeding 40s. for every day during 
 which such offence shall continue, to be recovered by action at law 
 or before a justice of the peace in a summary manner, at the option 
 of the vestry or district board ; and the vestry or district board 
 may at their, discretion either execute or perform any such 
 works, matters, or things, and recover the costs and expenses thereof 
 from the owner of the property as aforesaid, or proceed for and recover 
 the said penalty or penalties ; but nothing herein contained shall 
 render any person or persons liable to be proceeded against for the 
 penalty as well as for the costs and expenses of the works. 
 
 65. The penalties declared by the firstly-recited Act in the case of 
 persons committing the offences mentioned therein are hereby ex- 
 tended and made applicable to all persons causing the commission of 
 any such offences, or by whose order or direction any such offences 
 shall have been committed. 
 
 66. Whereas certain property within the limits of the metropolis 
 is so situate as to render it impracticable, or practicable only at undue 
 expense, to connect such property with covered sewers, and it is expe- 
 dient that some temporary provision should be made for draining such 
 property and abating the nuisances existing thereon or caused thereby: 
 Be it therefore enacted, that in any case in which any house or other 
 building, whether erected before or after the passing of this Act, is 
 without sufficient drainage, and there is no proper sewer within two 
 
 (a) Under the provisions referred to relating to the branching of drains 
 into sewers, the laying on water, the levels of buildings, the construction 
 of house drains, waterelosets, and ashpits, the filling up of ponds, open 
 ditches, &c., vestries and district boards, in case of default by private par- 
 ties in complying with these orders, could only execute the works themselves, 
 and proceed against the parties liable to recover the expenses. This enactment 
 gives them the option of doing the works, or proceeding for penalties, and 
 under the latter alternative it gives them the protection of a magistrate's 
 order. 
 
 (b) Refer to Jervis' Act, 11 & 12 Viet. c. 43, s. 5, as to conviction of 
 every person who shall aid, abet, counsel, or procure the commission of any 
 offence which is or hereafter shall be punishable on summary conviction. 
 
 (c) The power given by the 75th section of 18 & 19 Viet. c. 120, calling
 
 25 & 26 VICT. c. 102, ss. 66, 67. 197 
 
 hundred feet of any part of such house or building, it shall be lawful Section 66. 
 
 for the vestry or district board of the parish or district in which such 
 
 house or building is situate by notice in writing to require the owner 
 of such house or building to construct and lay from such house or build- 
 ing a covered drain to lead therefrom into a covered watertight cess- 
 pool or tank or other suitable receptacle, not being under a house or 
 within such distance from a house as the vestry or board shall direct, 
 and to construct such cesspool, tank, or receptacle ; and the several 
 provisions (d) in the firstly recited Act with respect to the laying of 
 house drains at the expense of the owners of property, and the recovery 
 of such expenses of and the penalties for any omission in respect to 
 the performance of any such works pursuant to the orders of 
 vestries or district boards in accordance with the directions of the 
 said Act, shall be. extended to and apply to the making of such cess- 
 pools, tanks, receptacles, and drains, and the orders of vestries and 
 district boards in relation thereto and the expenses thereof. 
 
 67. If it shall appear to any vestry or district board that any Vestries, &c., 
 house within their respective parishes or districts is without a proper may compel 
 supply of water, and that such supply can be furnished to such house supply of 
 at a rate not exceeding 3d. per week, conformably with the scale of water for 
 rates authorized to be charged by any water company within the houses, 
 metropolis as defined by the firstly -recited Act, the said vestry or 
 district board may give notice in writing to the owner or occupier of 
 such house, requiring him, within a time specified therein, to obtain 
 such supply, and to do all such works as may be necessary for that 
 purpose ; and if such notice be not complied with, the said vestry or 
 district board shall do such works and recover the expenses thereof 
 from the owner of the premises as hereinafter provided ; and any 
 water company shall, upon the requisition of such vestry or board, 
 supply with water such house, and the rates for the supply of such 
 house or houses as aforesaid shall be due and payable by the said 
 owner, and shall be recovered by the company as if such owner had 
 contracted with the company for the supply of such water. 
 
 In any case where it shall appear to any vestry or district board 
 that the existing supply of water to any house within their respec- 
 tive parishes or districts would be sufficient for such house if the 
 same were inhabited by a lesser number of persons, but is insufficient 
 by reason that the same is inhabited by numerous persons (being 
 more than one single family), it shall be lawful for such vestry or 
 district board to give notice in writing to the occupier of such house, 
 requiring him, within a time specified therein, to obtain such further 
 supply (not exceeding a supply at the rate of thirty gallons per day 
 for each person) as to them shall appear necessary, and to do all such 
 works as may be necessary for that purpose ; and if such notice be 
 not complied with within the time therein specified, it shall be law- 
 ful to take proceedings for overcrowding, in the manner provided by 
 the "Nuisances Removal Act for England, 1855 ;" (e) and upon 
 
 on parties where there is no existing or intended sewer within one hundred feet 
 of the house or site, to drain into a cesspool, is limited to houses erected or 
 rebuilt after the passing 1 of that Act. This provides temporary means of 
 drainage in cases in which certain property, whether built before or after 
 the Act, must from its situation either drain into cesspools, or remain wholly 
 without drainage. 
 
 (d) See sections 73, 76, and 77 of 18 & 19 Viet. c. 120, ante. 
 
 (e) By the 29th section of the Nuisances Removal Act, 1855, 18 & 19 
 Viet c. 121, on a certificate by the medical oflftcer of health, or, if there be
 
 198 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 67. proof of the fact that the water supply is not sufficient by reason of 
 ~"~ the number of persons inhabiting the said house (being more than 
 
 one family), it shall be lawful for the justices to make the like order 
 and to inflict the like penalty as in any other case of overcrowding. 
 
 68. Every person who shall knowingly erect or place any building, 
 wall, bridge, fence, obstruction, annoyance, or encroachment in, 
 xipon, over, or under any sewer (b) under the jurisdiction of the 
 metropolitan board of works, or of any vestry or district board, and 
 every person obstructing, filling in, or diverting any sewer or drain 
 under the jurisdiction, survey, or control of the metropolitan board, 
 or of any vestry or district board, without the previous consent in 
 writing of the board or vestry in whom the same may be vested, 
 shall, in addition to any other proceeding to which he may be liable 
 therefore, forfeit and pay to such respective board or vestry a sum not 
 exceeding ,20 for every such offence (c) ; and the board or vestry 
 may demolish and remove any such building, wall, bridge, fence, 
 obstruction, annoyance, or encroachment, and perform any works 
 necessary for restoring or reinstating the sewer or other work or 
 thing damaged ; and the party erecting such building, wall, bridge, 
 fence, or causing such obstruction, annoyance, or encroachment, shall 
 also pay the expense of removing and abating them respectively, and 
 of reopening, restoring, repairing, or reinstating any sewer or drain 
 obstructed, tilled in, closed up, or diverted ; and in case of a con- 
 tinuing offence in any of the cases aforesaid, the offender shall be 
 liable to a further penalty, not exceeding 5, for each day after 
 notice thereof from the metropolitan board of works, or from the 
 
 none, of two qualified medical practitioners, the local authority shall cause 
 proceedings to be taken before the justice to abate such overcrowding, and 
 the justices shall thereupon make such order as they may think fit, and the 
 person permitting such overcrowding shall forfeit a sum not exceeding 40*. 
 See cases referred to in note to Nuisances Removal Acts, post, Appendix. 
 
 (a) The Metropolis Local Management Act, 18 & 19 Viet. c. 120, has no 
 clause similar to that contained in the Metropolitan Sewers Act, 1848, 11 
 & 12 Viet. c. 112, s. 145, preserving, with certain exceptions, the provisions 
 and powers of 23 Hen. 8, c. 5, and the subsequent general Acts relating to 
 commissions of sewers. The 68th and 135th sections of that Act transfer 
 to boards and vestries the rights vested in their predecessors concerning or 
 incident to sewers; but the only remedies against wrongdoers are those 
 contained in the substantive provisions of the Act, viz., the 77th, 83rd, 
 204th, 205tb, and 206th sections, which are limited to the specific injuries 
 described therein, and fail to reach many of those acts of wrongful interfer- 
 ence with the subject-matters of jurisdiction by the boards and vestries 
 which it is essential to repress or punish. As to the remedies under the 
 general law of sewers in cases of annoyance and encroachment, see Callis 
 on Sewers, 171, 178, Serj. Woolrych, Law of Sewers, p. 126, et seq., 3rd 
 ed., and the decisions, cited in the notes, which tend to elucidate the nature 
 of the wrongful acts described in this and the following section. See note 
 to section 68, 18 & 19 Viet. c. 120, as to the rights of boards and vestries 
 in relation to sewers. 
 
 (I) In the case of the Poplar District Board of Works v. Knight and 
 another, referred to in note (b) to section 204 of 18 & 19 Viet. c. 120, ante, 
 the river bank or wall of the Thames was held to be a sewer within that 
 section ; and see definition of the word " sewer " in section 250 of that 
 Act, ante ; see decisions referred to in note to section 204 of Metropolis 
 Management Act, 1855, ante, prohibiting the erection of buildings in, over, 
 or under sewers. 
 
 (c) As to the recovery of the penalty, see section 102, post.
 
 25 & 26 VIOT. c. 102, ss. 6870. 199 
 
 vestry or district board, to be recovered by action, at law or before Section 68- 
 
 any justice of the peace by a summary proceeding, at the option of 
 
 the board or vestry : Provided always, that nothing herein contained 
 
 shall extend to prevent or impede the maintenance, repair, or renewal 
 
 of any buildings or works under which a sewer or drain has been 
 
 constructed, but so, nevertheless, that such buildings or works shall 
 
 not injure or obstruct the said sewer or drain (d). 
 
 69. Any person who shall take up, remove, demolish, or otherwise Penalty on 
 interfere with any sewer or part of a sewer vested in the metropolitan persons inter- 
 board of Avorks, or in any vestry or district board, without the pre- fering with 
 vious permission in writing of such board or vestry, or who shall sewers, 
 wilfully damage any sewer, bank, defence, wall, penstock, grating, 
 
 gully, side entrance, tide valve, flap, work, or thing vested in the 
 metropolitan board or any vestry or district board, or do any act by 
 which the drainage of the metropolis or any part thereof may be 
 obstructed or injured, shall for every such offence forfeit and pay to 
 the said metropolitan board of works, or to the vestry or district 
 board aggrieved by any such act, for every such offence a sum not 
 exceeding 20, and shall also pay to such board or vestry all the 
 expenses of repairing, restoring, reinstating, or amending any sewer 
 or other work or thing so taken up, removed, demolished, damaged, 
 or interfered with, to be recovered by action at law or before a justice 
 of the peace by a summary proceeding, at the option of the board or 
 vestry. 
 
 70. The vestry of any parish mentioned in schedule (A.) to the Vestries in 
 said firstly-recited Act and any district board may provide and main- schedule (A.) 
 tain drinking fountains in such convenient and suitable situations as an< ^ district 
 they may deem proper, and may undertake the maintenance of any boards eni- 
 <lrinking fountain already erected within such parish or district, and P ( w ^ed 
 supply the same with water and defray the expenses thereof ; and P ro . vi ^ e . au( 
 any expenses incurred by any vestry or district board in providing ^.^kin" 
 
 or maintaining any such fountains or supplying the same with water f ounta j,f s f e \ 
 shall be paid out of the general rate authorized to be raised and 
 levied under the firstly-recited Act ; and any person guilty of wil- 
 fully fouling the water in any drinking fountain so erected or main- 
 tained, or of wilfully damaging any of the said fountains, or any part 
 thereof (/), shall forfeit and pay to such vestry or district board for 
 every such offence a sum not exceeding 5, to be recovered by a 
 summary proceeding, and shall also pay to such vestry or district 
 board the expenses of repairing or reinstating any such fountain, or 
 any part thereof, so injured as aforesaid. 
 
 (d) See as to the absence of any right in the metropolitan board to lateral 
 support for their sewers from the land of adjoining owners Metropolitan 
 Board of Works v. Metropolitan Railway Company, 38 L. J. C. P. 172, 
 ited in note to section 135 of 18 & 19 Viet. c. 120, ante. 
 
 (e) See circumstances under which a vestry was held not liable for 
 negligence where a person sustained damage by the percolation of water 
 into his cellar from a gulley connected with a pipe erected under the 
 superintendence of the surveyor of the vestry for carrying off waste water 
 from a drinking fountain erected by an association by permission of the 
 vestry ; Gordon v. Vestry of St. James, Westminster, 30 J. P. 24. 
 
 (f) See as to supply of water for public fountains by local board of 
 health, Hildreth v. Adamson, 8 C. B. (N. 3.) 587, and as to public cisterns, 
 &c., vested in local authorities under Public Health Act, 1875, section 64, 
 and section 68, as to penalty for fouling water, &c.
 
 200 
 Section 71. 
 
 Income of 
 estates, pro- 
 perty, &c., 
 subject to 
 trusts for 
 repair of high- 
 ways, to he 
 paid over to 
 vestry or dis- 
 trict board (a). 
 
 Vestries and 
 district boards 
 may, with 
 consent of 
 metropolitan 
 board, effect 
 improvements 
 within their 
 parish or dis- 
 trict (i). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 71. All property, rights, matters, and things whatsoever which 
 before the passing of the firstly-recited Act were vested in any sur- 
 veyor or surveyors of highways in connexion with their duties and 
 powers as such surveyor or surveyors, transferred by that Act to any 
 vestry or district board, shall be deemed to have become transferred 
 to and to have vested in such vestry or district board by virtue of 
 the said Act ; and so much of the yearly and other incomes of all 
 estates, property, and effects of whatsoever description so vested and 
 transferred as aforesaid as is or may be subject to any use or trust 
 for or in respect of and applicable to the repair of any highways 
 within the metropolis shall be applicable to the repair, maintenance, 
 and improvement of the highways within the metropolis under the 
 provisions of the said Act, and shall from time to time be accounted 
 for and paid over to the respective vestries and district boards, and 
 be applied by them for the purposes of the highways within their 
 parishes and districts, in the same manner as the same could lawfully 
 have been applied before the passing of the said Act. 
 
 72. The vestry of every parish mentioned in schedule (A.) to the 
 firstly-recited Act, and the district board of every district, shall, with 
 the previous consent in writing of the metropolitan board of works, 
 have power within their respective parish or district to make, extend, 
 widen, alter, or improve any street, road, or way, or any bridge over 
 a canal traversing any part of such parish or district, for the purpose 
 of facilitating passage and trafiic, or for any other public purpose ; or 
 to contribute and join with the metropolitan board, or with any other 
 body or persons, in any such improvements ; and to take by agree- 
 ment or gift any land, right in land, or property for the purposes 
 aforesaid, or any of them, on such terms and conditions as they may 
 think fit ; and for the purposes aforesaid it shall be lawful for any 
 vestry or district board, should they see fit, to take down the present 
 bridges over canals within their parish or district, and to erect others 
 in their place and stead, or to erect new bridges over such canals in 
 such situations as they may deem beneficial, and from time to time 
 to repair and maintain ' such existing or new bridges, and to in- 
 demnify the canal company or other body or persons interested in 
 such bridges against the future repairs and maintenance of any such 
 bridges ; and the expenses incurred by any vestry or district board 
 in any such improvements shall be paid out of the general rate 
 authorized to be paid in their parish or district under the firstly- 
 recited Act : Provided that no such extension, widening, alteration, 
 improvement, taking down, or re-erection of any existing bridge over 
 
 (a) The language in the 96th section of 18 & 19 Viet. c. 120, transfer- 
 ring to vestries and district boards the powers, authorities, and duties of 
 surveyors of highways, and certain property vested in those officers, is not 
 large enough to include the income and proceeds of certain estates, which 
 are, in some localities, subject to trusts for the repair of highways. 
 
 (6) The power of making, widening, or improving streets, roads, or ways, 
 is, by the 144th section of the 18 & 19th Viet. c. 120, given to the metro- 
 politan board of works only, who are authorized to contribute and join 
 with any persons in such improvements. This provision enables vestries 
 and district boards to effect improvements of the nature described, and to 
 take land by agreement or gift, with a proviso that the enactment is not to 
 limit the powers given by the General Metropolitan Paving Act, 57 Geo. 3, 
 c. 29, or by any local Act. See the powers on this subject given in 
 57 Geo. 3, c. 29, s. 80, et seq., post, Appendix. By the 19 & 20 Viet. c. 
 112, s. 11, vestries and district boards are empowered to take by agreement 
 or gift any land for the purpose of open spaces and pleasure grounds.
 
 25 & 26 VICT. c. 102, ss. 72, 78. 201 
 
 any such canal, or the erection of any new bridge over the same, Section 72. 
 
 shall be made without the previous consent in writing under their 
 
 common seal of the company owning such canal, and the provisions 
 
 of the one hundred and seventh section of the firstly-recited Act shall 
 
 remain in force and be applicable to this enactment : Provided also, 
 
 that it shall be lawful for any such vestry or district board, under 
 
 the provision contained in the one hundred and eighty-third section 
 
 of the firstly -recited Act, to borrow and take up at interest on the 
 
 credit of all or any of the moneys or rates authorized to be raised^ by 
 
 them under that Act any sums necessary for defraying the expenses 
 
 of any such improvements : Provided, that nothing in this Act shall 
 
 extend or be construed to extend to authorize the taking down or 
 
 removing any bar, gate, rail, or other fence fixed for preventing any 
 
 thoroughfare into or from any square, street, or way, without the 
 
 consent of the proprietor of the estate or property upon which such 
 
 bar, gate, rail, or other fence, square, street, or way shall be situate : 
 
 Provided that this enactment shall not limit the powers now in 
 
 force given by the Act next hereinafter referred to, or by any local 
 
 Act. 
 
 73. The powers of improving and regulating streets and for the Act as to 
 
 suppression of nuisances contained in the Act of the fifty- seventh paving and 
 
 year of the reign of His Majesty King George the Third, chapter improving 
 
 twenty-nine, local and personal, intituled " An Act for better paving, parts of rne- 
 
 improving, and regulating the Streets of the Metropolis, and remov- tropolis to 
 
 ing and preventing Nuisances and Obstructions therein," shall, so far extend to me- 
 
 as the same is in force, and is not inconsistent with the provisions of tropolis as 
 
 the recited Acts and this Act, extend and apply to the metropolis as < J efin , e( J b ^ hl8 
 
 defined in the firstly-recited Act and in this Act, including any Act W" 
 
 (c) This Act, 57 Geo. 3, c. 29, the General Metropolitan Paving Act 
 (commonly known as Michael Angelo Taylor's Act), extended to all streets 
 and public places which were at the time of its passing paved or might be 
 thereafter paved within the cities of London and Westminster and 
 borough of Southwark, and any other parts of the metropolis which 
 were included within the weekly bills of mortality, and to all streets 
 and public places which were then paved, or might be thereafter paved, 
 within the parishes of St. Pancras and St. Marylebone, except only 
 certain parts particularly excepted. The exceptions were contained in 
 the 139th section, exempting from the provisions of the Act the estate 
 of the Marquis Camden in St. Pancras, the 140th, exempting the estate 
 of Lord Somers in the same parish, the 143rd, declaring that the Act 
 should not extend to the parishes of St. Mary, Islington, and St. John, 
 Hackney. The 144th section saved certain provisions of the Act 56 Geo. 
 3, c. 128, with respect to the powers of the commissioners for executing the 
 Act for opening a communication from Marylebone Park to Charing Cross, 
 &c. ; and by the 146-7th section the Act was not to extend to the estates of 
 the Collegiate Church of Westminster contiguous thereto. By the 147th 
 section turnpike roads were exempted from its provisions. See the clauses 
 incorporated by the present section, post, Appendix ; see section 183 of 
 Metropolis Management Act, 1855, authorizing vestries and district boards 
 to borrow, and Act authorizing loans by metropolitan board to the same 
 bodies referred to in note to that section. See jurisdiction of Court of 
 Chancery as to payment into court of purchase money of houses taken by a 
 vestry ; re Sounders L. R. 8 Eq. 681. Section 68 of 57 Geo. 3, c. 29, pro- 
 hibiting the keeping of swine within forty yards of any street, being a power 
 of preventing and not of suppressing nuisances, was decided not to apply to 
 the larger district of the metropolis as defined by the Metropolis Manage- 
 ment Act, 1855, dub. Keating, J. ; Vestry of Chelsea v. King; 34 L. J. 
 M. C. 9.
 
 202 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 73. unpaved streets, and notwithstanding any exceptions therein con- 
 tained. 
 
 Buildings pro- 74. In case any building, situated within any of the parishes, dis- 
 jecting beyond tricts, or places comprised in the schedules of the firstly-recited Act, 
 general line which shall in any part thereof project beyond the general line of 
 when taken the street in which the same may be situate, or beyond the front of 
 down to be set the building, wall, or railing on either side thereof, shall at any time 
 back (a). ^ taken down to an extent exceeding one-half of such building, 
 
 such half to be measured in cubic feet, or shall be destroyed by fire 
 or other casualty, or demolished, pulled down, or removed from any 
 other cause to the extent aforesaid, it shall be lawful for the metro- 
 politan board of works to require the same to be set back to such a 
 line and in such a manner for the improvement of any street as the 
 said board shall direct ; provided that the said board shall make 
 compensation to the owners of such building for any damage and 
 expenses which he may sustain and incur thereby : Provided also, 
 that this section shall not apply to any building in the places men- 
 tioned in schedule (C.) to the Metropolis Local Management Act 
 which does not abut upon any public street or place. 
 
 Mode of pro- 75. The one hundred and forty-third section of the first recited 
 
 ceeding with Act, and the one hundred and fortieth section of the Act passed in 
 
 regard to the seventh year of His Majesty King George the Fourth, chapter 
 
 buildings one hundred and forty-two, intituled " An Act for consolidating the 
 
 beyond line of Trusts of the several Turnpike Roads in the Neighbourhood of the 
 
 street. Metropolis north of the Eiver Thames " (&) are hereby repealed ; 
 and in lieu thereof be it enacted, that no building (c), structure, or 
 
 () This section is in substance borrowed from a provison in the City 
 Sewers Act, 11 & 12 Viet. c. 163, s. 153, by which a similar power is given 
 to the commissioners of sewers for the city, which is not interfered with, as 
 this enactment only applies to the places mentioned in the schedules to 
 18 & 19 Viet. c. 120. See Lord Auckland v. Westminster District Board, 
 L. R. 7 Ch. 597, cited in note to next section. 
 
 (5) The 140th section of 7 Geo. 4, c. 142, provided that, with certain 
 specified exceptions, no building shall be erected on any new foundation 
 within fifty feet of the sides of the road leading from the Edgware Road, 
 near Paddington, to the Great Northern Road in Islington, and from the 
 north end of Great Portland Street to such road, that no part of the 
 said roads should be paved except under the provisions of that Act ; and 
 that if any building should be so erected or pavement laid down, &c., the 
 same should be deemed common nuisances. 
 
 (c) Neither this Act nor 18 & 19 Viet. c. 120, gives any interpretation to 
 the word building. The 1st section of first schedule to the Metropolitan 
 Building Act, post, appendix, regulating the structure of buildings, re- 
 quires that every building shall be enclosed with walls. See as to the 
 meaning of the word building in the Building Act ; Stevens v. Gourley, 
 29 L. J. C. P. 1, where it was held that a shop of wood built on wooden 
 joists laid upon the ground not let into the soil, was a building within the 
 Metropolitan Building Act, 1855. 
 
 Where a case or thing of glass and iron had been erected over a project- 
 ing shopfront, and the magistrate decided that this was not an erection, 
 within the meaning of this section, the court refused to reverse his deci- 
 sion ; Vestry of St. George's Hanover Square v. Sparrow, 33 L. J. M. C. 
 118. 
 
 A magistrate has power to order the removal of a roofed inclosure in 
 front of a building, but not to order a wall to be reduced; Clark v. Vestry 
 of St. Pancras, 34 J. P. 181.
 
 25 & 26 VICT. c. 102, s. 75. 203 
 
 erection shall, without the consent in writing of the metropolitan Section 75. 
 board of works, be erected beyond the general (d) line of buildings 
 in any street, place, or row of houses (e) in which the same is 
 situate in case the distance of such line of buildings from the high- 
 way does not exceed fifty feet, or within fifty feet (/) of the highway 
 when the distance of the line of buildings therefrom amounts to or 
 exceeds fifty feet, notwithstanding there being gardens or vacant 
 spaces between the line of buildings and the highway, such general 
 line of buildings to be decided by the superintending architect to 
 the metropolitan board of works for the time being (</), and in case 
 any building, structure, or erection be erected, or be begun to be 
 erected or raised, without such consent, or contrary to the terms And 
 conditions on which the same may have been granted, it shall be law- 
 ful for the vestry of the parish or the board of works for the district 
 in which such building or erection is situate to cause to be made 
 complaint (h) thereof before a justice of the peace, who shall there- 
 
 A fence was held to be an erection within the meaning of a bye-law ; 
 Adams v. Bromley Local Board, 36 J. P. 743. 
 
 This section does not apply to ground formerly covered with buildings, 
 unless the owner has relinquished the right to build on the old site, and in 
 such a case the metropolitan board ought to proceed under the 74th section 
 providing for compensation to owners ; Lord Auckland v. Westminster 
 District Board, L. R. 7 Ch. 597. See, however, Kerr v. Corporation of 
 Preston, L. E. 6 Ch. D. 463, cited in note (h), infra. 
 
 (d) The word " general " is substituted for " regular," which occurred in 
 the repealed enactment. See Tear v. Freebody, 22 J. P. 707 ; and Robins v. 
 Bury, 25 J. P. 83. 
 
 (e) In S. v. Fullford, 33 L. J. M. C. 122, it was held to be a question of 
 factfor a jury on an indictment under the Local Government Act, whether the 
 houses were such a continuance as to form a street or not. The words " place 
 or row of houses ; were not in the repealed section, and their addition will 
 remove doubts as to the application of the provision to separate rows of 
 houses, terraces, and the like in long lines of road. See as to the construc- 
 tion put upon analagous provisions in schedule (E.) of the former Metro- 
 politan Building Act, 7 & 8 Viet. c. 84, by the official referees, Lawes' 
 Proceedings under the Metropolitan Building Act, 1846. 
 
 (/) The distance in the repealed enactment was thirty feet. 
 
 (g) See cases cited, infra, as to the decision of the superintending archi- 
 tect with respect to the general line. 
 
 The magistrate may order the demolition of the building, though the 
 certificate of the superintending architect be not given till after its erec- 
 tion ; Wandsworth District Board v. Hall, 31 L. J. M. C. 69 ; L. E. 4 
 C. P. 85. 
 
 The certificate of the superintending architect may be obtained at any 
 time before the hearing ; Bauman v. Vestry of St. Pancras, L. E. 2 Q. B. 
 528. 
 
 There has been a conflict of opinion between the Courts of Queen's Bench 
 and Common Pleas as to the effect of the superintending architect's certifi- 
 cate, the former holding it to be conclusive, the latter that it might be 
 questioned by the magistrate. See Vestry of St. George's, Hanover 
 Square v. Sparrow, supra ; and see Simpson v. Smith, L. E. 6 C. P. 87. 
 But a contrary rule was laid down by the Queen's Bench in Bauman v. 
 Vestry of St. Pancras, supra ; see observations of Cockburn, C. J., and 
 Mellor, J., dissenting from the decision of the Common Pleas in the 
 Vestry of St. George's Hanover Square v. Sparroiv, supra, and the remarks 
 of Shee, J., which seem to leave the magistrate a somewhat wider 
 discretion. 
 
 (A) This enactment, providing for an inquiry before a justice of the 
 peace, is substituted for the provision in the repealed provision, by which
 
 204 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 75. upon issue a summons requiring the owner or occupier of the pre- 
 mises, or the builder or person engaged in any work contrary to this 
 
 the bodies in question were required, in cases in which they intervened, to 
 take upon themselves the responsibility of demolishing the buildings in 
 whole or hi part in the first instance, a responsibility which they were 
 frequently reluctant to assume. The remedy here given by a proceeding 
 before a justice must be strictly pursued, and no indictment would lie ; R. 
 v. Lovibond, 24 L. T. (N.S.) Q. B. 357 ; 35 J. P. 275. 
 
 The limitation of six months in section 107 for making a complaint, does 
 not apply to the order of a magistrate directing a building beyond the 
 general line to be pulled down, the clause in question only applying to 
 pecuniary penalties or forfeitures ; Vestry of Rermondsey v. Johnson, L. R. 
 
 8 C. P. 441, the court dissenting on that point from the judgment in 
 Brutton v. St. George's, Hanover Square, L. R. 13 Eq. 339, where it was 
 held that the limitation applied. It was also in that case decided that the 
 summons could only issue against the builder whilst the building was in 
 course of erection, and at the completion could only go against the owner 
 or occupier ; and that the limitation runs not from the completion, but 
 from the time the full extent of the projecture becomes apparent, ibid. ; 
 but see Morat v. Taylor, L. R. I Ex. Div. (C.A.) 188, where it was held 
 under a local Act that the complaint must be made within six months from 
 the completion of the building. And see as to limitation under 11 & 12 
 Viet. c. 43, Jacomb v. Dodgson , 32 L. J. M. C. 113. And in a proceed- 
 ing for encroaching on a highway, the limitation runs from the completion 
 of the building or fence constituting the encroachment ; Coggins \. Bennett, 
 L. R. 2 C. P. D. 568. And see as to projection of a house beyond the line 
 of a street ; Police Commissioners of Fort William v. Kennedy, L. R. 
 W. N. (1878), p. 177. 
 
 Under section 156 of the Public Health Act, 1875, it was decided that a 
 court of equity has no jurisdiction to restrain proceedings to recover a 
 penalty for building beyond the frontage line ; Kerr v. Corporation of 
 Preston, L. R. 6 Ch. Div. 463. The case of Mayor of York v. Pilkington, 
 2 Atk. 302, disapproved of; and see observations of the Master of the Rolls 
 to the effect that the Lords Justices, in Lord Auckland v. Westminster Dis- 
 trict Board, proceeded on a misconception, and pointing out the distinction 
 between restraining from pulling down and from obtaining an order to pull 
 down. 
 
 Where a corporation under a local Act had power to prescribe the line of 
 frontage for houses to be rebuilt after being pulled down, and did not pre- 
 scribe the line of frontage for a church until after the foundations had 
 been put in, Held, that they could no longer restrain the erection of the 
 edifice as commenced; also that the church was a house within the Act, and 
 the perpetual curate, owner; Corporation of Folkestone v. Woodward, 
 L. R.15 Eq. 159; Angel v. Paddington, L. R. 3 Q. B. 714, distinguished. 
 Where a town council had approved a plan for rebuilding premises, Held 
 that they had no right afterwards to order the line of frontage to be 
 altered; Slee v. Mayor of Bradford, 27 J. P. 612. 
 
 A local board cannot pull down a building in alleged contravention of a 
 bye-law, without giving the owner an opportunity of showing cause why 
 it should not be pulled down ; Masters v. Pontypool Local Board, L. R. 
 
 9 Ch. D. 677; and see Cooper v. Wandsworth Local Board, 32 L. J. C. P. 
 185. 
 
 Suffering a party-wall to remain unaltered in contravention of a bye- 
 law was held not to be a " continuing offence " ; Marshall v. Smith, L. R. 
 8 C. P. 416; but Public Health Act, 1875, section 158, provides that the 
 existence of a building or wall in contravention of a bye-law shall be a 
 continuing offence, but a penalty shall not be incurred in respect thereof 
 after the expiration of one year from the day when the offence was com- 
 mitted or the bye-law was broken. 
 
 See decree that the defendant should perform his contract to erect a house
 
 25 & 26 VICT. c, 102, ss. 75, 76. 
 
 205 
 
 enactment, to appear at a time and place to be stated in tlie sum- Section 75. 
 nions to answer such complaint ; and if at the time and place ap- 
 pointed in such summons the said complaint shall be proved to the 
 satisfaction of the justice before whom the same shall be heard, such 
 justice shall make an order in writing on such owner or occupier, 
 builder, or person, directing the demolition of any such building or 
 erection, or so much thereof as may be beyond the said general line 
 so fixed as aforesaid, within such time as such justice shall consider 
 reasonable, and shall also make an order for the payment of the 
 costs incurred up to the time of hearing ; and in default of the 
 building or erection complained of being demolished within the time 
 limited by the said order, the said vestry or board shall forthwith 
 enter the premises to which the order relates and demolish the build- 
 ing or erection complained of, and do whatever may be necessary to 
 execute the said order, and may also remove the materials to a con- 
 venient place, and subsequently sell the same, as they think fit (a) ; 
 and all expenses incurred by the said vestry or board in carrying out 
 the said order and in disposal of the said materials may be recovered 
 by the said vestry or board from the owner or occupier of the said 
 premises, or the builder or person engaged in the work, either by 
 action at law or in a summary manner before a justice of the peace, 
 at the option of the said vestry or board, in manner provided by the 
 two hundred and twenty-seventh section of the firstly-recited Act as 
 to the recovery of penalties. 
 
 76. The metropolitan board may, in giving consent for any erec- Conditions as 
 
 tion (b) beyond the regular line of the buildings in any street, annex to buildings 
 
 any condition to the consent given by the board, and in case such beyond line of 
 
 erection shall not be made in accordance with the consent of the board, street. 
 or be in any manner altered or raised without their consent, the 
 board may enter and demolish or alter the buildings or structure, or 
 
 subject to a modification to render it conformable to the requirements of the 
 metropolitan board as regarded the line of buildings ; Cubitt v. Smith, 28 
 J. P. 820. 
 
 A bye-law made by a local board of health imposing continuing penalties 
 on any person who shall do or omit to do certain acts contrary to such bye- 
 law, is invalid, as exceeding the authority given by the Local Government 
 Act ; Young v. Edwards, 33 L. J. M. C. 227. 
 
 The Metropolis Management and Building Acts Amendment Act, 1878, 
 section 7, prohibits the erection of houses or buildings at less than the pre- 
 scribed distance from the centre of roads or passages not being highways. 
 Section 4 interprets the term prescribed as twenty feet from the centre of 
 the roadway where such roadway is used for the purpose of carriage traffic, 
 and ten feet from the centre where such roadway is used for the purposes 
 of foot traffic only. 
 
 (a) This is a new power. In Tear v. Freebody, supra, the removal of 
 the materials was held to be a conversion. 
 
 (b) This section is evidently hastily drawn, and contains some verbal in- 
 accuracies. The word " erection " only is here used, omitting the word 
 " building " and " structure " occurring in the preceding section, and in the 
 subsequent part of this section the words " buildings or structures " are 
 used, and the word " erection is dropped. If the preceding section pro- 
 ceeds upon the supposition that there may be structures or erections which 
 are not buildings, the present section seems to lose sight of the distinction, 
 and it treats all three expressions as synonymous. Where a building was 
 frected not in accordance with the conditional permission granted by the 
 metropolitan board, an order for demolition was sustained ; Bauman v. 
 Vestry of St. Pancras, cited in note to section 75, ante.
 
 206 
 Section 76. 
 
 METKOPOLIS LOCAL MANAGEMENT. 
 
 tion 76. any part thereof, and recover all expenses, or may impose any penalty 
 not exceeding 40s., to be summarily recovered for every day during 
 which any building or structure being a contravention of such con- 
 dition shall exist after notice from the said board or any officer of the 
 
 Expenses of 
 paving new 
 streets. 
 
 Vestry may 
 flag footways 
 and levy the 
 costs. 
 
 board to remedy the complaint. 
 
 77. Where any vestry or district board shall, under the powers 
 given by the one hundred and fifth section of the firstly-recited Act, 
 have paved or be about to pave (a) any new street (6), the owners 
 of the land (c) bounding or abutting on such street shall be liable to 
 contribute to the expenses or estimated expenses of paving the same, 
 as well as the owners of houses therein, provided that it shall be 
 lawful for the vestry or district board to charge the owners of land 
 in a less proportion than the owners of house property, should they 
 deem it just and expedient so to do ; and any such costs or expenses, 
 including the costs of paving at the points of intersection of streets, 
 and all other incidental costs and charges, shall be apportioned by 
 the vestry or board, and shall be recoverable either before the work 
 shall be commenced, or during its progress, or after its completion ; 
 and it shall be lawful for the vestry or district board at their dis- 
 cretion to accept payment of the amount apportioned or charged in 
 respect of each house or premises by instalments spread over a period 
 not exceeding twenty years, and any such amount shall be recover- 
 able from the present or any future owner of the premises either by 
 action at law (rf) or in a summary manner before a justice of the 
 peace, at the option of the vestry or board. 
 
 78. In case any footway laid out at the passing of the firstly- 
 recited Act shall have been repaired by the vestry or any other 
 body, but shall not have been flagged, and the vestry or district 
 board shall have deemed it necessary or expedient, or shall deem it 
 necessary or expedient that the same should be flagged, and such 
 vestry or board shall have flagged or shall flag the same, either 
 throughout the whole breadth thereof or any part of such breadth, 
 it shall be lawful for such vestry or board to levy the cost and ex- 
 penses by a rate or rates (e) upon the occupiers (/) of the houses (</) 
 
 (a) See interpretation of word " pave," section 112. post. 
 
 (V) See E. v. Dayman, 26 L. J. M. C. 128, cited in note to section 
 105 of 18 & 19 Viet. c. 120, ante, wherein it was decided to be a ques- 
 tion for the magistrate to determine whether or not a street was a " new 
 street," and refer to Bowles v. St. Mary, Islington, 39 J. P. 757. See 
 now the definition of the expression " new street/' section 112, post. 
 
 (c) The provision referred to imposed the cost of this work on the 
 owners of houses exclusively, and the section as now framed contains 
 additional provisions for the recovery of incidental expenses. It also gives 
 a wider discretion to the vestry as to the time and mode of payment. See 
 the decision on this and the provision in the earlier Act cited in note to 
 section 105 of Metropolis Management Act, 1855, ante. 
 
 (d) These expenses could before not ( be recovered by action ; Vestry of 
 St. Pancras v. Batterbury, 26 L. J. C. P. 243. 
 
 (e) What is here called a rate would be a rateable proportion of the ex- 
 penses' of flagging distributed among the occupiers according to some 
 criterion to be fixed by the vestry, probably the frontage of the premises 
 abutting on the footpath. The word apparently has no reference to the 
 rateable value of the property, as in the case of other rates under 18 & 19 
 Viet. c. 120. 
 
 (/) The cost is here thrown upon the " occupiers," and not upon the 
 " owners," like the expenses falling under the preceding section. There
 
 25 & 26 VICT. c. 102, ss. 78, 79. 207 
 
 in the road, street, or part abutting on or next to the footway which Section 78. 
 shall have been so flagged, either in one sum or by equal instalments 
 spread over a period not exceeding twenty years, as the said vestry 
 or board may see fit ; and the said vestry or board shall thenceforth 
 keep the said flagging in good and sufficient repair. 
 
 79. And whereas at the time of the coming into operation of the Sums to be 
 firstly-recited Act (h) certain houses were in course of erection or P ai " "J tne 
 about to be erected by private parties on certain lands, parts of the P u ^ ^" 
 estate belonging to his Grace the Duke of Bedford, in the parish of tor V_ . to P art 
 Saint Pan eras, and the roads and footways in front of the said houses D * 
 
 and land were partly paved by and at the expense of the said parties 
 before the coming into operation of the firstly-recited Act : And 
 whereas the commissioners acting under the local and personal Act es t a t e , in the 
 of the session holden in the thirty-ninth and fortieth years of King parish O f St. 
 George the Third, chapter forty-nine, relating to the paving of the Pancras, to be 
 said estate, and whose powers were determined by the firstly-recited added to debt 
 Act, ought, under the power vested in them by the said Act of the on that part 
 thirty-ninth and fortieth years of King George the Third, to have of the parish, 
 executed the said works of paving, or to have defrayed the cost 
 thereof, and payment for the same would, if the powers of the said 
 commissioners had not been determined, have been made out of the 
 money arising from rates or assessments to be made under the said 
 Act of King George the Third, or money borrowed on the security 
 thereof ; but the arrangements respecting the said works were not 
 such as to be binding on the vestry of the said parish under the 
 transfer made to such vestry by the said firstly-recited Act (i) of the 
 debts and liabilities legally charged upon or payable out of rates or 
 assessments authorized to be made under the said Act of King George 
 the Third : And whereas certain of the said parties are willing to 
 complete the said roads and footways in consideration of the payment 
 to them of certain sums of money, such sum to be received in satis- 
 faction as well of past as of future expenses incurred by them in the 
 making or paving of the said roads or footways : And whereas hi* 
 Grace the Duke of Bedford is willing to advance such sums of money, 
 and it is expedient to authorize the addition of such sums to the said 
 debt on the completion as aforesaid of the said roads and footways 
 and payment of the said sums to the said parties respectively : Be it 
 therefore enacted, that upon the completion of the said roads and 
 footways to the satisfaction of the said vestry, and the production to 
 them of the receipts in writing of the said parties respectively for the 
 said sums from his Grace the Duke of Bedford or his agent, such 
 sums shall respectively become debts to the said duke, and be added 
 to and form part of the debt which at the time of the coming into 
 operation of the firstly-recited Act was legally charged upon the said 
 rates or assessments, and shall carry interest at the rate of ,4 per 
 
 seems no reason for the distinction, as both classes of works are of a per- 
 manent character, and more especially benefit the owner. This provision 
 would operate with great hardship on a tenant from year to year, or for a 
 short term. 
 
 (ff) This does not, as under the 77th section, include the owners of land 
 abutting on the footpath. 
 
 (K) Viz., on the 1st January, 1856. This clause was introduced in con- 
 sequence of the failure of an indictment against the vestry of St. Pancras 
 for the non-repair of one of these roads, tried in the Court of Queen's 
 Bench at Westminster, 26th November, 1859. 
 
 (0 That is, by the 180th section of 18 & 19 Viet. c. 120.
 
 208 
 Section 79. 
 
 Proviso to 
 section 106 
 of 18 & 19 
 Viet. c. 120, 
 repealed. 
 Notice of 
 intention to 
 repair street 
 not being a 
 highway. 
 
 Where 
 owners of 
 courts, &c , 
 omit to drain 
 and pave, 
 vestry or 
 district board 
 may perform 
 the works, 
 charging 
 expenses to 
 owner. 
 Reinstate- 
 ment of 
 pavement 
 broken up by 
 works of 
 companies, 
 &c. (c) 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 centum per annum, payable half-yearly on the 1st day of January 
 and the 1st day of July in every year from the time of the receipt of 
 such sums by the said parties or the completion of the said roads and 
 footways as aforesaid, which shall last happen ; and section one 
 hundred and eighty of the firstly-recited Act shall be applicable 
 accordingly in respect of such sums and the interest thereof in like 
 manner as in respect of such debt as last aforesaid. 
 
 80. The proviso of the one hundred and sixth section of the firstly- 
 recited Act is hereby repealed ; and in lieu thereof be it enacted, 
 that no street not being a highway (a) shall be repaired as in the said 
 section mentioned, unless notice be given to the owners (b) and rated 
 occupiers of the houses in such street respectively ; and service of 
 any such notice may be effected by leaving the same at the several 
 houses in such street, or where any of the said houses shall be 
 unoccupied, by affixing the same upon the outer door or some con- 
 spicuous part of such houses ; and provided further, that no such 
 street shall be repaired as in the said section mentioned if within one 
 month after notice has been given as aforesaid written notice of 
 objection to such repair, signed by at least two-thirds of the owners 
 or rated occupiers of houses in the said street, shall be given to the 
 vestry or district board. 
 
 81. In any case of default by the owner or any court, passage, or 
 public place, not being a thoroughfare, to comply with the requisi- 
 tion of any vestry or district board to perform works of paving or 
 draining of the nature described in the one hundredth section of the 
 firstly-recited Act, it shall be lawful for the vestry or board, should 
 they see fit, in lieu of enforcing the penalty therein mentioned, to 
 execute and perform such works, and recover the expenses thereof 
 from the owner either by action at law or in a summary manner 
 before a justice, at the option of the vestry or board. 
 
 82. In every case in which any company or person shall be liable 
 under the firstly-recited Act to reinstate the pavement, surface, or 
 soil of any street under the control of any vestry or district board 
 which may have been broken up or opened, or to repay to such vestry 
 or board the expenses of reinstating the pavement, surface, or soil of 
 any street, every such company or person shall be liable to reinstate 
 the pavement, surface, or soil, or to pay the expenses of reinstating 
 the pavement, surface, or soil of such parts of the street as shall have 
 
 (a) The term highway may include streets other than those repairable by 
 the parish. See S. v. Dayman,^ 26 L. J. M. C. 128. 
 
 (b) Instead of the provision in the repealed section requiring notice to 
 all " persons interested," notice is to be given to owners and rated occupiers, 
 and a special mode of service is prescribed. The objection must now pro- 
 ceed from two-thirds of the owners or rated occupiers instead of from a 
 single person interested, as under the repealed section. The word " owner" 
 is for this purpose by section 250 of 18 & 19 Viet. c. 120, defined to mean 
 the person receiving the rackrent of the premises. 
 
 (c) The provisions in 18 & 19 Viet. c. 120, as to the breaking up and 
 reinstatement of pavements disturbed by companies, are the 109th and fol- 
 lowing to the 115th inclusive. The direction in the 110th section is, " to 
 make good the pavement, or surface, or soil, broken up or injured." The 
 obligation of companies is now extended so as to comprise not only the parts 
 actually broken up or opened, but such parts contiguous thereto as may be 
 affected by the works of the company. This provision is founded upon the
 
 25 & 26 VICT. c. 102, ss. 8285. 209 
 
 been so broken up or opened, as well as of the part or parts contiguous Section 82. 
 thereto which may be affected by the works of such company or 
 person, to the reasonable satisfaction of the surveyor for the time 
 being of the vestry or district having control over the pavements in 
 such parish or district. 
 
 83. The metropolitan board of works may, in order to secure the Metropolitan 
 efficient maintenance of the main and general sewerage of the board niay 
 metropolis, from time to time make, alter, and repeal bye-laws for the ake bye- 
 guidance, direction, and control of the vestries of parishes in schedule la ' 
 (A.) to the firstly-recited Act, district boards, and all other persons, *? c 
 in relation to the levels, dimensions, construction, maintenance, ven- j n C) ^ ' '' 
 tilation, and cleansing of sewers in their respective parishes, districts, s t ruc tion of 
 or parts, and for the other objects enumerated in the one hundred and givers f a \ 
 thirty-eighth section of the firstly-recited Act, subject in all 
 
 respects (e) to the several provisions relating to bye-laws contained 
 in the two hundred and second section of the said Act ; but this 
 provision shall only extend to the city of London and the liberties 
 thereof, so far as regards the main drainage of the metropolis. 
 
 84. It shall be lawful for any vestry or district board, with the Vestries, &c., 
 previous sanction of the metropolitan board of works, to close or stop may stop 
 up any street (g) within their parish or district, during the execution up streets 
 of any paving, sewerage, or other works by such vestry or board in during 
 such street, and to keep the same closed and stopped up for such execution of 
 time as shall be necessary in that behalf, and allowed by the metro- works (/). 
 politan board. 
 
 85. No building, except a church or chapel, shall be erected on the Height of 
 side of any new street of a less width than fifty feet, which shall buildings in 
 exceed in height the distance from the external wall or front of such certam 
 building to the opposite side of such street, without the consent in streets ('*) 
 writing of the metropolitan board of works ; nor shall the height of 
 
 any building so erected be at any time subsequently increased so as 
 to exceed such distance without such consent ; and in determining 
 
 23rd section of 57 Geo. 3, c. 29 (Metropolitan General Paving Act) ; see 
 Hyams v. Webster, L. R. 2 Q. B. 264; 4 Q. B. (Ex. Ch.) 138, as to subse- 
 quent subsidence after reinstatement of roadway. 
 
 (d) The power of making bye-laws given by the 202nd section of 
 18 & 19 Viet. c. 120, does not extend to regulations respecting sewers, but 
 is limited to those relating to pipes, drains, and other means of communica- 
 tion with sewers. 
 
 (e) This includes the power of imposing penalties, subject to the approval 
 of the bye-laws by the secretary of state. 
 
 (/) A railway company in the course of their works claiming the right to stop 
 up a street in the city of London under certain special Acts, were restrained 
 by injunction; Attorney -General v. Great Eastern Railway Company, 41 
 L. J. Ch. 202, 505. 
 
 (g) The power to stop up the way through or along streets is given by 
 the 52nd section of 57 Geo. 3, c. 29 (General Paving Act), for the purposes 
 there specified. 
 
 (A) The bye-laws promulgated under Local Government Act, 21 & 22 
 Viet. c. 98, s. 34, contain provisions of a similar character. This regulation 
 as to the height of buildings is not to be taken as limiting the right by pre- 
 scription to ancient lights, but such right depends upon the amount of 
 obstruction in each particular case ; Theed v. Debenham, L. R. 2 Ch. D. 
 165 ; see Hackelt v. Baiss, L. R. 20 Eq. 494. 
 P
 
 210 
 
 Section 85. 
 
 Metropo- 
 litan board 
 may place 
 roadway, 
 footpaths, 
 &c., in 
 different 
 parishes or 
 districts 
 under 
 
 management 
 of one 
 vestry or 
 district 
 board (a). 
 
 Affixing 
 names of 
 streets by 
 vestries and 
 district 
 boards (J). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 the height of such building the measurement shall be taken from the 
 level of the centre of the street immediately opposite the building up 
 to the parapet or eaves of such building ; and every person com- 
 mitting any offence under this enactment shall be liable to a penalty 
 of 5, and in case of a continuing offence to a further penalty of 40s. 
 for every day during which such offence shall continue after notice 
 from the said board, to be recovered by summary proceeding. 
 
 86. Where in any street the roadway and footpaths or either of 
 them are or is situate in more than one parish or district, or where 
 the whole of the roadway and footpaths of any street are situate in 
 one parish or district, and the whole or any part of the houses and 
 buildings abutting on such roadway or footpaths are situate in 
 another parish or district, in either of the said cases it shall be lawful 
 for the metropolitan board of works, should they deem it convenient 
 and proper so to do, to order that any such roadway and footpaths 
 shall, for the purposes of sewerage, drainage, paving, and lighting, 
 or any of them, be under the exclusive management of the vestry or 
 district board of one of the said parishes or districts, and to order and 
 direct in what proportions the costs of constructing and maintaining 
 any new sewer or drain in such street, or of the reconstruction, 
 reparation, or maintenance of any existing sewer or drain therein, or 
 of the paving or making up or lighting of the roadway or footpaths 
 thereof, and the repair and maintenance of such roadway or foot- 
 paths, shall be borne and defrayed by the vestry or board of each 
 parish or district, and the decision of the said metropolitan board 
 thereon shall be final and conclusive ; and in case of default by any 
 vestry or board liable under any such order to any such payment, 
 the vestry or district board entitled thereto may sue for and recover 
 the amount thereof from the vestry or board so making default by 
 action at law. 
 
 87- The one hundred and forty-first section of the firstly-recited 
 Act is hereby repealed ; and in lieu thereof be it enacted, that vestries 
 and district boards shall and may, within the limits of their respective 
 jurisdictions, from time to time cause to be painted or affixed on a 
 conspicuous part of some house or building at or near each end, 
 corner, entrance, or other convenient part of any street in their 
 
 (a) By the 140th section of 18 & 19 Viet. c. 120, the metropolitan board 
 is authorized to place any street in different parishes under one manage- 
 ment, and the 160th section directs that the sums required for defraying 
 the expenses incurred in the part so placed under their management, shall 
 be paid by the vestry or district board having control over that part. This 
 enactment empowers the board, in the cases comprised within the enact- 
 ment, to determine the proportions in which the cost of the works and 
 operations specified shall be borne by such parish. 
 
 (V) See case of Daw v. Metropolitan Board of Works, 31 L. J. C. P. 
 223, referred to in note to section 141 of Metropolis Management Act, 
 1855. By this provision, as re-enacted, the several vestries and district 
 boards as to parts out of the city limits, and the commissioners of sewers 
 within those limits, are to affix the names of streets instead of the metro- 
 politan board as directed by the repealed section. Further, the power of 
 the metropolitan board to alter the names of streets is not limited to cases 
 in which more than one street is called by the same name, and the exer- 
 cise of that power is no longer subject to the approval of the commissioners 
 of Her Majesty's works. And with respect to the numbering of houses, 
 the duty of the metropolitan board is henceforward limited to the making
 
 25 & 26 VICT. c. 102, s. 87. 211 
 
 parish or district, the name of such street, and renew such name Section 87. 
 
 whenever it may be obliterated or defaced ; and the metropolitan ~7~ 
 
 board of works may alter the name of any street to any other name Alt ' era "on of 
 
 which to such board may seem fit ; and before any name is given to m ai f es y 
 
 any street, notice of the intended name shall be given to the said j;.^ ^~ 
 
 metropolitan board, and the said board may, by notice in writing an( j exe 
 
 given to the person by whom notice of such intended name has been ^ion of 
 
 given to them, at any time within one calendar month after receipt orders by 
 
 of such notice, object to such intended name ; and it shall not be vestries and 
 
 lawful to set up any name to any new street in the metropolis until district 
 
 the expiration of one calendar month after notice thereof has be*en boards. 
 
 given as aforesaid to the said metropolitan board, or to set up any 
 
 name objected to as aforesaid ; and whenever the said metropolitan 
 
 board shall, under the power hereinbefore given, have ordered or 
 
 directed an alteration in the name or names of any street, or of any 
 
 place or row of houses, or in any line of road (c), they shall transmit 
 
 a copy of their order directing such alteration to the vestry or district 
 
 board in whose parish or district such street, place, row of houses, or 
 
 line of road shall be situate ; and such vestry or district board shall 
 
 thereupon cause to be painted or affixed on a conspicuous part of 
 
 some house or building, to the satisfaction of the said metropolitan 
 
 board, at or near each end, corner, entrance, or other convenient 
 
 part (d) of the said street, place, row of houses, or line of road, the 
 
 altered name or names specified in the order of the metropolitan 
 
 board, and shall perform all other necessary acts for giving effect to 
 
 such order ; and it shall be lawful for the said metropolitan board 
 
 from time to time to order and direct that any row of houses or 
 
 buildings in any street or in any line of road in the metropolis shall, 
 
 for the purpose of distinguishing the same, be marked with such 
 
 numbers or names as they shall deem convenient and proper for 
 
 that purpose, and which they shall specify in their order in that 
 
 behalf ; and whenever the said metropolitan board have passed any 
 
 such order as last aforesaid, they shall transmit a copy thereof to the 
 
 vestry or district board in whose parish or district the said street, 
 
 place, row of houses, or line of road shall be situate, and it shall 
 
 thereupon become the duty of such vestry or district board to perform 
 
 all necessary acts and to take all requisite proceedings for carrying 
 
 the order of the said metropolitan board into execution, and for that 
 
 purpose they shall give notice to the owners or occupiers of the 
 
 houses and buildings in such street, place, row of houses, or line of 
 
 road to mark their several houses and buildings with such numbers 
 
 or names as the said metropolitan board shall by their said order 
 
 have ordered or directed, and to renew the numbers or names of 
 
 such houses or buildings as often as they are obliterated or 
 
 defaced ; and if any occupier . of any such house or building neglect 
 
 for one week after notice from the said vestry or district board to 
 
 mark such house or building with such number or name as shall be 
 
 mentioned and required in the said notice, or to renew the number 
 
 or name as aforesaid, he shall be liable to a penalty not exceeding 
 
 the order and the transmission of a copy of it to the vestry or district 
 board ; and all subsequent acts and proceedings for giving effect to the 
 order are transferred to the last-named bodies. 
 
 (c) Throughout the repealed enactment the word " street" only is used. 
 The words " or any place, row of houses, or on any line of road," are here 
 introduced for the first time. 
 
 (d) The words " or other convenient part," are new. 
 
 P 2
 
 212 
 
 Section 87. 
 
 Persons 
 omitting to 
 give notice 
 required by 
 section 76 
 of 18 & 19 
 Viet. c. 120. 
 liable to 
 pet-alty (b). 
 
 Penalty on 
 persons 
 wrongfully 
 collecting 
 ashes, &c. (c). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 40s., and the said vestry or district board may cause such number or 
 name to be so marked or renewed, and recover the expenses thereof 
 from the owner of such house or building by a summary proceeding 
 before a justice of the peace ; and if any person wilfully destroy, pull 
 down, obliterate, or deface the name of any street or line of road in the 
 metropolis, or the name or number of any house or building therein, 
 or paint, affix, or set up any name or number to any house or build- 
 ing contrary to this enactment, he shall for every such offence forfeit 
 a sum not exceed 40s. ; and it shall be lawful for the said vestry 
 or district board to cause such name or number so painted, affixed, or 
 set up contrary to the directions in their said notice to be obliterated 
 or destroyed : Provided always, that the powers conferred by this 
 section upon the metropolitan board shall extend to the city of 
 London and the liberties thereof ; and all matters by this section 
 directed and authorized to be done by vestries and district boards 
 shall and may be done within the city of London and the liberties 
 thereof by the commissioners of sewers of the said city and liberties (a). 
 
 88. If any person shall, without having given the notice directed 
 by the seventy-sixth section of the firstly-recited Act, begin to lay the 
 foundation of any new house or building within any parish mentioned 
 in schedule (A.) of the said Act, or any district in schedule B. of the 
 said Act, or to make any drain for the purpose of draining either 
 directly or indirectly into any sewer under the jurisdiction of the 
 vestry or board of such parish or district, he shall become liable to a 
 penalty for every such offence not exceeding 5, and to a continuing 
 penalty of 40s. for each and every day during which he shall omit to 
 give the notice directed by the said Act. 
 
 89. If any person or persons other than the person or persons 
 employed by or contracting with the vestry or district board of any 
 parish or district, or those employed by or tinder such person or per- 
 sons, shall receive, carry away, or collect any dirt, dust, cinders, 
 rubbish, ashes, or breeze from any house or premises, or from any 
 street or highway in any parish or district, or any road scrapings. 
 refuse, or mud, from any street or highway within any parish or dis- 
 trict, it shall and may be lawful for any justice of the peace, upon 
 complaint to him made, to grant a summons, or, if such justice shall 
 think fit, a warrant to bring before him such offender or offenders; 
 and such justice shall examine on oath any witness or witnessess who 
 shall appear to give information or evidence touching such offence : 
 and any person convicted of any such offence shall forfeit to the said 
 vestry or district board a sum not exceeding 5, to be recovered by a 
 summary proceeding ; provided that nothing hereinbefore contained 
 shall be deemed to apply to the removal of the refuse of any trade, 
 manufacture, or business, or of any building materials from any house 
 or land by the direction of the owner or occupier of such house 01 
 land (d). 
 
 (rt) See the case of Daw v. Metropolitan Board of Works, 31 L. J, 
 C. P. 223, cited in note to section 242 of 18 & 19 Viet. c. 120, ante. 
 
 (b) The section referred to imposes no penalty for an omission to give 
 the notice directed by it. 
 
 (c) See section 127 of 18 & 19 Viet. c. 120, ante, resting the property ir 
 dirt, dust, &c., in the vestries and district boards. 
 
 (d) As to refuse, see the case of Gray v. Cadby, cited in note to sectior 
 128 of Metropolis Management Act, 1855, ante.
 
 25 & 26 VICT. c. 102, ss. 9092. 213 
 
 90. Every person who shall affix or cause to be affixed any bill Section 90. 
 notice, or paper against, or deface or disfigure any street-post, lamp- T~ 
 post, pump, or building vested in any board or vestry, or who shall ^ n ^ tie f -f? 1 
 remove, deface, or injure any notice-board, placed or set up by order attl - xm g bl11 
 of any board or vestry, or who shall pull down, obliterate, or deface n ^ m ^" t - 
 any notice set up or affixed by order of any board or vestry, shall for boards^c ^) 
 every such offence forfeit a sum not exceeding 40s., to be recovered 
 
 before a justice by a summary proceeding. 
 
 91. No person within any parish mentioned in schedule (A.) to p ena it y f or 
 the firstly-recited Act, or in any district mentioned in schedule (B.\to keeping swine 
 the said Act, shall breed, feed, or keep any swine in any locality, i n improper 
 premises, or place which may be unfit for the keeping of swine, or in situations (/). 
 which the breeding, feeding, or keeping swine may create a nuisance, 
 
 or be injurious to health ; and any person breeding, feeding, or keep- 
 ing swine in or on any such locality, premises, or place, shall be 
 liable to a penalty not exceeding 40s., and to a further penalty not 
 exceeding 10s. for every day during which he shall continue sruch 
 offence after notice from the vestry or district board to discontinue 
 the same, and any such penalty may be recovered by a summary pro- 
 ceeding ; and if in any proceeding under this enactment it shall be 
 proved to the satisfaction of the justice or justices that any such 
 locality, premises, or place are or is unfit for the keeping of swine, 
 such justice or justices may prohibit the using thereof for that pur- 
 pose for the future ; and any person disobeying the order of any 
 justice or justices in this behalf shall be liable to a penalty of 10s. for 
 every day during such his default. 
 
 92. The one hundred and thirty-first section of the firstly-recited section 131 
 Act (b), and the thirty-fifth section of " The Metropolitan Market O f 18 & 19 
 
 (e) These offences are not included within the 206th section of 18 & 19 
 Viet. c. 120. The 5th section of 57 Geo. 3, c. 29 (Metropolitan General 
 Paving Act), only applies to the removal of the notice-boards there men- 
 tioned. See section 87, p. 314s ante, as to penalties for defacing the names 
 of streets. 
 
 (f) By the 73rd section of this Act, certain provisions of 57 Geo. 3, 
 c. 29, the Metropolis General Paving Act, are incorporated with this Act. 
 Held that the 68th section of 57 Geo. 3, c. 29, being a power of prevention 
 and not of suppression, did not apply to the larger district of the metropolis 
 as defined by the Metropolis Management Act, 1855 ; Vestri/ of Chelsea 
 v. King, 34 L. J. M. C. 9. 
 
 In Fowler v. Vestry of Kensington, 36 J. P. 69, the magistrate was held 
 under the circumstances of the case to have acted properly on an infor- 
 mation for keeping swine contrary to this enactment, in disallowing an 
 objection that the premises were incorrectly described. 
 
 A bye-law by a town council, forbidding the keeping of pigs generally, 
 was held bad; Everett v. Grapes, 3 L. T. (N.S.) 669; but a bye-law pro- 
 hibiting the keeping of pigs within 100 feet of a dwelling-house, and a bye- 
 law requiring certain drainage for the premises where pigs were kept, was 
 held not unreasonable, Wanstead Local Board v. Wooster, 37 J. P. 403 ; 
 neither was it necessary to prove that the infraction of the bye-law created 
 a nuisance, Ibid. Compare section 8 of Nuisances Removal Act, 1855, and 
 2 & 3 Viet. c. 47, s. 6, sub-section 5, as to keeping swine to the front of 
 streets, &c., so as to be a nuisance. 
 
 (g) The repealed section provided for notices to vestries and district 
 boards before slaughter-houses could be licensed, and the 35th section of 
 20 & 21 Viet. c. 135, contained similar provisions. The Slaughterhouses 
 (Metropolis) Act, 1874, prohibits the establishing anew within the limits of 
 the metropolis, the businesses of blood boiler, manure manufacturer, soap
 
 214 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 92. ^ c ^ 1857 " (twentieth and twenty-first Victoria, chapter one hundred 
 and thirty-five) (local and personal), are repealed ; but all licenses 
 granted in pursuance of the provisions in the said repealed sections 
 contained shall continue in force for the space of one year next after 
 
 Viet. c. 120, 
 and section 35 
 of 20 & 21 
 Viet. c. 135, 
 repealed. 
 Licences 
 granted 
 thereunder 
 to continue. 
 
 boiler, tallow melter, and knacker, subject to penalties ; and in the case of 
 the business of a fellmonger, tripe boiler, slaughterer of cattle, and any 
 other which the local authority may by order, confirmed by the local 
 government board, declare to be offensive, it imposes a penalty on the person 
 establishing any such business within the metropolis without the sanction of 
 the local authority ; and the statute, amongst others, contains amended pro- 
 visions with respect to the granting of licenses for slaughter-houses. See the 
 Act, post, Appendix, and reference to bye-laws made by the metropolitan 
 board for regulating the conduct of businesses under the provisions of the 
 Act in the notes thereto. 
 
 The 41 & 42 Viet. c. 74, Contagious Diseases (Animals) 'Act, 1878, by 
 section 34 empowers the Privy Council to make general or special orders 
 for (1) registration with the local authority of all persons carrying on the 
 trade of cowkeepers, dairymen, or purveyors of milk, (2) for the inspection 
 of cattle in dairies, and for prescribing and regulating the lighting, venti- 
 lation, cleansing, drainage, and water supply of dairies and cow-sheds in the 
 occupation of persons following the trade of cowkeepers or dairymen, (3) for 
 securing the cleanliness of milk stores, milk shops, and of milk vessels used 
 for containing milk for sale by such persons, (4) for prescribing precautions 
 to be taken for protecting milk against infection or contamination, (5) for 
 authorizing a local authority to make regulations for the purposes aforesaid, 
 or any of them, subject to such conditions, if any, as the Privy Council 
 prescribe. The Metropolitan Board of Works are the local authority 
 for the metropolis, exclusive of the city of London and the liberties thereof, 
 where the Corporation of London are the authority, but subject to the pro- 
 visions in section 9 of the Act, viz., that the Corporation of London shall 
 alone be the local authority in and for the metropolis for purposes of the 
 provisions of the Act relating to foreign animals ,- that the city of London 
 and the liberties thereof shall contribute for the purposes of the Act to the 
 metropolitan consolidated rate; and that no part of the expenses of the 
 local authority for a county shall be included in any precept or warrant for 
 the levy or collection of a county rate within the metropolis. This Act, 
 with certain exceptions, repeals the Contagious Diseases (Animals) Act, 
 1869, and the Acts enumerated in the schedule. The provisions excepted 
 from the repeal are paragraphs 2, 3, and 4 of section 28, and sections 100 
 and 101. The present Act is divided into four parts, headed respectively, 
 General, England, Scotland, ad Ireland, and it contains some definitions 
 not included in the corresponding clauses of the repealed statute. The Act 
 contains provisions, amongst others, for the declaration of, and proceedings 
 with respect to infected areas in case of cattle plague, pleuro-pneumonia, foot 
 and mouth disease, and other diseases, the slaughter of animals affected with 
 those diseases, and payment of compensation, the rates to have effect in 
 relation to infected places or areas, the power of the Privy Council to pro- 
 vide by general orders respecting animals affected with disease while exposed 
 for sale or exhibited in a market, &c., during transit, the separation of 
 diseased animals, notice to the police, and proceedings thereon, the provision 
 by railway companies of water and food at stations, orders of the Privy 
 Council for prohibiting the landing of foreign animals, carcases, fodder, &c., 
 brought from any specified foreign country, and for prescribing the ports 
 at which alone foreign animals may be landed, and for other purposes, the 
 powers and duties of local authorities and committees, the appointment of 
 inspectors and other officers, and their duties, reports to the Privy Council, 
 the expenses and borrowing powers of local authorities, the detention of 
 vessels, burial of carcases washed ashore, order of Council, returns to Par- 
 liament, &c. The following cases arise under the repealed Act : as to 
 proof of order of Privy Council refer to Huggins v. Ward, 29 L. T. 33 ;
 
 25 & 26 VICT. c. 102, ss. 92, 93. 215 
 
 the day of the granting of the same respectively, and all offences Section 92. 
 heretofore committed against the provisions of the said Acts, or either 
 of them, in relation to slaughter-houses, shall be dealt with in every 
 respect as if this Act had not been passed. 
 
 93. From and after the 1st day of November, 1862, no place/ndthin Licensing 
 any parish or place mentioned in the schedules to the firstly-recited cow-houses(a). 
 Act shall be used by any person carrying on the business of a 
 slaughterer of cattle (6) or cowkeeper or dairyman as a slaughter- 
 house for the purpose of slaughtering cattle or a cow-house or place 
 for the keeping of cows, without a license had for such purpose 
 respectively from the justices of the peace assembled at a special 
 sessions held in the division or district where such slaughter-house, 
 cow-house, or place is situate, and such license shall continue in 
 force for the period of one year from the granting thereof, and thence- 
 forth until the special sessions to be held next after the expiration 
 of such period, and no fee or reward exceeding 5s. shall be taken for 
 any such license ; and if any person carrying on such business of a 
 slaughterer of cattle, cowkeeper, or dairyman, use as a slaughter-house 
 or cow-house any place within any parish or place mentioned in the 
 schedules of the firstly-recited Act which is not so licensed, every 
 person so offending shall for each offence be liable to a penalty not 
 exceeding 5, of which offence the fact that cattle have been taken 
 into such place shall be deemed sufficient primd facie evidence : 
 Provided always, that before any licence for the use of any place as a 
 slaughter-house (c) or cow-house is granted as aforesaid, fourteen 
 
 local jurisdiction of justices in cases of neglect to provide cattle with water, 
 Johnson v. Colam, 40 J. P. 135 ; recovery of expenses incurred by local 
 authority under section 57 from owner, Mills v. Scott, 29 L. T. 96 ; as to 
 necessity of proving scienter in a proceeding for a penalty for an omission 
 to give notice previous to an order of Council, Nicholls v. Hall, 28 L. T. 
 483 ; as to what is an offence within realm of England under section 75 of Act 
 of 1869, where cattle were brought from Cork to New Milford ; and as to 
 implied power to justices to convict summarily under the same enactment, 
 Cullen v. Trimble, L. R. 7 Q. B. 416. 
 
 The right of appeal given by section 108 of Act of 1869, was held not to 
 take away right to have a case stated under 20 & 21 Viet. c. 43 ; Muir v. 
 Sore, 41 J. P. 421. Held under 11 & 12 Viet. c. 101, that the justices in 
 sessions are precluded from inquiring into the evidence on which a justice 
 had acted in granting a license for the removal of cattle ; Stanhope v. 
 Thorsby, 35 L. J. M. C. 182. As to what was not a false representation, disen- 
 titling a person to recover the price of pigs sent to market tainted with 
 typhoid fever, refer to Ward v. Hobbs. L. R. 3 Q. B. D. (c.A ) 150. 
 
 The provisions in relation to slaughter in case of cattle plague and com- 
 pensation under the Act of 1869, were contained in part V. of that Act, 
 sections 65 to 74 inclusive. The annual report of the metropolitan board for 
 the year 1877, contains a circumstantial narrative of the operations of the 
 board under that Act for that year, with tabular statements showing the out- 
 breaks of cattle plague in the metropolis in the same year, the number of 
 animals slaughtered, the amount of compensation paid to the owners, and 
 other particulars. 
 
 (a) Cow-houses are hereby subjected to similar rules with respect to 
 licensing, as slaughter-houses. See previous note. 
 
 (6) The repealed provision referred to places used as " slaughter-houses." 
 The present section alters that expression, and substitutes " any place be 
 used by any person carrying on the business of a slaughterer of cattle, as a 
 slaughter-house, &c." 
 
 (c) This incorporates the words " by any person carrying on the business 
 of a slaughterer of cattle," occurring in the earlier part of the section.
 
 216 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Mouth's 
 notice to be 
 given of 
 applying for 
 license for 
 keeping 
 slaughter- 
 house (b). 
 
 Section 93. clays' notice of the intention to apply for such license shall be given 
 
 to the vestry or district board of the parish or district in which any 
 
 such place is situate, to the intent that such vestry or district board, 
 if they think fit, may show cause against the granting of any such 
 license, and also seven days' notice previous to such special sessions 
 being held of the intention to apply for such license shall be given to 
 the clerk of the justices for such division : Provided, that nothing in 
 this Act contained shall extend to slaughter-houses erected or to be 
 erected in the metropolitan cattle market under the authority of 
 the Metropolitan Market Act, 1851, or the Metropolitan Market 
 Act, 1857 (). 
 
 94. Before any license for the keeping or using of any house or 
 place within the metropolitan police district (c) as a licensed 
 slaughtering-house or place lor the purpose of slaughtering or kill- 
 ing horses or other cattle not killed for butchers' meat shall be 
 granted by any quarter sessions of the peace under the provisions of 
 the Act of the session holden in the twenty-sixth year of the reign of 
 His Majesty King George the Third, chapter seventy-one, or of the 
 Act of the session holden in the seventh and eighth years of her pre- 
 sent Majesty, chapter eighty-seven (d), or any Act amending either of 
 the said Acts, one month's previous notice of the intention to apply 
 for such license shall be given to the vestry or district board of the 
 parish or district in which such house or place is situate, to the intent 
 that such vestry or district board, if they think fit, may show cause' 
 against the grant of such license. 
 
 95. It shall be lawful for every vestry and district board, if they i 
 their discretion think fit, to appoint and employ a sufficient number 
 of persons, or to contract with any company or persons, for collect- 
 ing and removing the manure and refuse straw from such stables and 
 cowhouses within their parish or district, the occupiers of which may 
 signify their consent in writing to such removal ; provided that such 
 consent shall not be withdrawn or revoked without one month's pre- 
 vious notice to the vestry or district board, and that no person shall 
 be hereby relieved from any penalty or penalties to which they 
 may be subject for placing dung or manure upon the footways or 
 carriageways of any parish or district, or for having any accumu- 
 lation or deposit of manure so as to be a nuisance or injurious to- 
 health (e). 
 
 96. The two hundred and seventeenth, two hundred and eighteenth, 
 and two hundred and nineteenth sections of the firstly-recited Act 
 are hereby repealed ; and in lieu thereof be it enacted, that it shall 
 be lawful for any vestry or district board, at their discretion, to* 
 
 Vestries and 
 district 
 hoards to 
 contract for 
 removal of 
 manure from 
 stahles or 
 cowhouses 
 
 Vestry or 
 district 
 board may 
 require pay- 
 ment of costs 
 or expenses 
 from owner 
 
 require the payment of any costs or expenses which the owner of any 
 premises may be liable to pay under the said recited Act or this Act 
 
 (a) The Acts referred to are the 14 & 15 Viet. c. 61, and the 20 & 21 
 Viet. c. 21. 
 
 (b) See Slaughter-houses (Metropolis) Act, pott, Appendix. 
 
 (c) See as to limits of metropolitan police district 10 Geo. 4, c. 44, s. 4 
 and schedule, and 2 & 3 Viet. c. 47, s. 2. 
 
 (d) See 12 & 13 Viet. c. 92. 
 
 (e) See 57 Geo. 3, c. 29, s. 64, post, Appendix, and section 60 of Metro- 
 politan Police Act, 2 & 3 Viet. c. 47, and Nuisances Removal Act, 18 & 19 
 Viet. c. 121, s. 8, et seq.
 
 25 & 26 VICT. c. 102, ss. 96, 97. 217 
 
 either from the owner or from any person who then or at any time Section 96. 
 
 thereafter occupies such premises, and such owner or occupier shall 
 
 be liable to pay the same, and the same shall be recovered in manner or occupier, 
 
 authorized by the recited Act and this Act; and the owner shall 
 
 allow such occupier to deduct the sums of money which he so pays 
 
 out of the rent from time to time becoming due in respect of the said 
 
 premises as if the same had been actually paid to such owner as part 
 
 of such rent : Provided always, that no such occupier shall be 
 
 required to pay any further sum than the amount of rent for the 
 
 time being due from him, or which, after such demand of such costs 
 
 or expenses from such occupier, and after notice (g) not to pay his 
 
 landlord any rent without first deducting the amount of such costs 
 
 or expenses, becomes payable by such occupier, unless he refuse, on 
 
 application being made to him for that purpose by or on behalf of the 
 
 vestry or district board, truly to disclose the amount of his rent, and 
 
 the name and address of the person to whom such rent is payable, 
 
 but the burden of proof that the sum demanded from any such 
 
 occupier is greater than the rent due by him at the time of such 
 
 notice, or which has since accrued, shall lie upon such occupier : 
 
 Provided also, that nothing herein contained shall be taken to affect Agreements 
 
 any contract made or to be made between any owner and occupier of between 
 
 any house, building or other property whereof it is or may be agreed landlord 
 
 that the occupier shall pay and discharge all rates, dues, and sums an d tenant 
 
 of money payable in respect of such house, building, or other pro- not to ^ 
 
 perty, or to affect any contract whatsoever between landlord and a ff ec ted. 
 
 tenant (h). 
 
 97. If the owner or landlord of any premises from whose rent any Deduction 
 
 amount shall be deducted in respect of any costs, charges, or ex- by owner 
 
 penses payable under the firstly-recited Act or this Act shall hold the paying 
 
 premises in respect of which the amount of such costs, charges, or rent (i) 
 
 (/) The 217th section hereby repealed, compelled the vestry, &c., to 
 obtain payment from the occupier ; the 218th limited the amount of rent 
 which the occupier should be called on to pay ; and the 219th declared that 
 contracts between landlord and tenant with respect to the payment of rates, 
 dues, and sums of money, should remain unaffected. These sections are 
 in substance here re-enacted in this and the'* following section, with the 
 additional provision that the vestries and district boards may, at their 
 option, proceed against the owner in the first instance. See Metropolitan 
 Board of Works (Loans) Act, 1869. 
 
 (g) To entitle the occupier to avail himself of this provision, the money 
 must have been actually paid, and a distress which became due after service 
 of notice from a vestry, but before payment, is not illegal ; Ryan v. Thomp- 
 son, L. R. 3 C. P. 144; 37 L. J. C. P. 124. Judgment against a former 
 owner for paving expenses is no bar to an action against defendant who 
 occupied the premises as tenant to a succeeding owner ; Vestry of Ber- 
 mondsey v. Ramsay, L. R. 6 C. P. 247. 
 
 (K) Where the lessee covenanted to discharge all taxes, rates, duties, and 
 assessments which should be taxed, assessed, or imposed upon the tenant or 
 landlord, and the vestry assessed a portion of the expenses of paving a new 
 street upon the owner, it was held that this was " a duty or assessment " 
 within the covenant ; Thompson v. Lapworth, L. R. 3 C. P. 149. A tenant 
 who has been compelled to pay the proportion of the expenses of a party- 
 wall or structure, payable under Metropolitan Building Act, 1855, by his 
 landlord, may deduct from rent due to owner, or may recover in an action 
 Earle v. Maugham, 14 C. B. (N.S.) 626 ; 10 Jur. (N.S.) 208. 
 
 (i) This enables the person in immediate receipt of the rack-rent to 
 deduct a proportionate amount of those expenses, when he himself, as is
 
 218 
 Section 97. 
 
 where 
 amount of 
 expenses 
 deducted 
 from rent 
 paid to him. 
 
 Roads, &c., 
 laid out as 
 streets to be 
 of full width 
 of forty feet 
 for carriage 
 traffic, and 
 twenty feet 
 for foot 
 traffic (e). 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 expense shall be paid at a rent not less than the rackrent, he shall be 
 entitled to deduct the whole amount paid by him on account of such 
 costs, charges or expenses from the rent payable by him to his 
 superior landlord ; and if he holds at a rent less than the rackrent, 
 he shall be entitled to deduct from the rent so payable by him a sum 
 bearing the same proportion to the amount so paid by him on account 
 of such costs, charges, or expenses as his rent shall bear to the rack- 
 rent ; and if the owner or landlord from whose rent any deduction 
 be made iinder the provision last aforesaid be himself liable to the 
 payment of rent for the premises in, respect of which the deduction 
 shall be made, and hold such premises for a term of which less than 
 twenty-one years shall be uiiexpired, but not otherwise, he may 
 deduct from the rent so payable by him a sum bearing the same pro- 
 portion to the sum deducted from the rent payable to him as the 
 rent payable by him shall bear to the rent payable to him, and so on 
 in succession with respect to every landlord of the same premises 
 both receiving and liable to pay rent in respect thereof, and holding 
 the same for a term of which less than twenty-one years shall be un- 
 expired as aforesaid : Provided always, that nothing herein con- 
 tained shall be construed to entitle any person to deduct from the 
 rent payable by him more than the w r hole sum deducted from the 
 rent payable to him : Provided also, that nothing herein contained 
 shall be taken to affect any contract (a) made or to be made between 
 any owner or occupier of any house, building, or other property 
 whereof it is or may be agreed that the occupier shall pay and dis- 
 charge all rates, dues, and sums of money payable in respect of such 
 house, building, or other property, or to affect any contract what- 
 soever between landlord and tenant. 
 
 98. No existing (&) road, passage or way being pf a less width than 
 forty feet shall be hereafter formed or laid out for building as a street 
 for the purposes of carriage traffic, unless such road, passage, or way 
 be widened to the full width of forty feet, the measurement of the 
 width of such street to be taken half on either side from the centre 
 or crown of the roadway to the external wall or front of the houses or 
 
 frequently the case, pays rent. A similar provision was contained with 
 respect to the payment of special and inipi'ovement rates under the Metro- 
 politan Sewers Act, 1848, 11 & 12 Viet. c. 112, s. 88. 
 
 (a) See, as to contracts between owners and occupiers, note to section 
 219 of 18 & 19 Viet. c. 120, ante. 
 
 (b) This section applies to newly -formed roads as well as to roads exist- 
 ing at the time of the passing of the Act ; B. v. Baker, 34 J. P. 823. 
 
 (c) The power of making bye-laws conferred upon the metropolitan 
 board by the 202nd section of 18 & 19 Viet. c. 120, is for regulating the 
 plans, level, &c., of new streets and roads, and the bye-laws promulgated 
 by the board in pursuance of this authority applies to new streets only. 
 This provision subjects to the same incidents as attach to new streets, old 
 roads, and lanes newly laid out for building, and represses the mischief 
 arising from building in narrow and ill-ventilated situations. By the 
 Metropolis Management and Building' Acts Amendment Act, 1878, post, 
 Appendix (by section 5 to be construed as one Act with Metropolis Local 
 Management Act, 1855, and the amending Acts), it is enacted by section 6 
 that no house or building shall be constructed, or begun to be constructed, 
 and no house or building shall be extended or begun to be extended, in such 
 manner that the external wall or front shall be at less than the pre- 
 scribed distance from the centre of the roadway, without the consent in 
 writing of the board. See section 4 for the interpretation of term " pre-
 
 25 & 26 VICT. c. 102, ss. 98100. 219 
 
 buildings erected or intended to be erected on each side thereof (d) ; Section 98. 
 
 but where forecourts or other spaces are intended to be left in front 
 
 of the houses or buildings, then the width shall be measured up to 
 
 the fence or boundary dividing or intended to divide such forecourts 
 
 or spaces from the public way, or for the purposes of foot traffic only, 
 
 unless such road, passage, or way be widened to the full width of 
 
 twenty feet, measured as aforesaid, or unless such streets respectively 
 
 shall be open at both ends, from the ground upwards ; and any road, 
 
 passage, or way hereafter to be formed or laid out for either of the 
 
 purposes aforesaid shall be deemed to be a new street, and become 
 
 subject to all the provisions of the recited Acts and this Act (e\ and 
 
 to the provisions and penalties of and under any bye-laws made or to 
 
 be made in pursuance thereof in relation to sewerage, drainage, or 
 
 paving, and to width, construction, surface, inclination, and other 
 
 requirements and particulars. 
 
 99. Provided that it shall be lawful for the metropolitan board of Metropolitan 
 works to permit the formation of any such street of less width than board may 
 hereinbefore provided, or with one opening only, should they imder permit for- 
 any special circumstances deem it equitable and expedient so mation of 
 to do. streets of 
 
 less width, &c. 
 
 100. It shall be lawful for every vestry and district board men- Power to 
 tioned in clause one hundred and eighty-three of the first recited Act vestries, &c., 
 to exercise the power to borrow moneys therein mentioned, with the to borrow 
 sanction of the metropolitan board of works granted under their moneys for 
 common seal, for the purpose of enabling such vestry or district ^e iinprove- 
 board to make, extend, widen, alter or improve any street, road, or ^ . . 
 way, for facilitating the passage and traffic within the parish or dis- '' '* 
 
 scribed distance"; -and section 10 of same Act provides, subject to cer- 
 tain conditions, that no street, &c., shall be formed for foot traffic without 
 the consent of a justice, unless the space opened for foot traffic and carriage 
 traffic be widened to the full width of 40 feet. 
 
 (d) Where a magistrate found that the defendant, by erecting a perma- 
 nent fence in a lane 28 feet wide, near his plot, did begin to lay out and 
 form the road as a street for carriage traffic and that this 98th 
 section only required a widening of the road to 20 feet from its centre 
 to the defendant's boundary fence, and convicted him, the conviction 
 was sustained; Taylor v. Metropolitan Board of Works, L. R. 2Q. B. 
 13; but where the respondent had done no act towards laying out 
 a lane as a street for carriage traffic otherwise than by the removal of an 
 old bank and fence, and substituted a new fence within his own land, it was 
 held he was not bound to set back his fence so as to leave a space between 
 it and the centre of the lane, and had committed no offence ; Metropolitan 
 Board of Works v. Clewer, L. R. 3 C. P. 531. Under a bye-law of the 
 Birkenhead Improvement Commissioners requiring an open space of a cer- 
 tain extent between a building and the opposite property, the distance is to 
 be measured from any and every part of the building, and it is not sufficient 
 that some part of the building is at the specified distance ; Anderton v. 
 Birkenhead Improvement Commissioners, 32 L. J. M. C. 137. 
 
 (e) See sections 105 and 202 of 18 & 19 Viet. c. 120, ante, and sections 
 52 and 77 of this Act. 
 
 (f) This empowers vestries and district boards to borrow moneys for the 
 purpose of effecting the improvements mentioned iu the 72nd section. See 
 note to that section, ante ; and see as to loans by metropolitan board to 
 vestries, district boards, &c., under the 34 & 35 Viet. c. 47, and other Acts, 
 referred to in notes to section 183 of 18 & 19 Viet. c. 120, ante.
 
 220 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 100. trict for which such vestry or district board is appointed, or for the 
 purpose of contributing to and of joining with the metropolitan board 
 or with any other board or persons in any such improvement. 
 
 Any vestry or 101. If any vestry, commissioners, or other body in whom any 
 district board duties or powers in relation to the appointment of inspectors or 
 may put an examiners of weights and measures are now vested under any local 
 end to any Act, charter, or otherwise, desire that such duties or powers should 
 powers of cease, and that inspectors of weights and measures appointed or to 
 
 appointment k e appointed at general or quarter sessions, pursuant to the provisions 
 of inspectors of the Act of the sess i on h ia e n in the fifth and sixth years of King 
 William the Fourth, chapter sixty-three (a), and of any Act amend- 
 ex\stLn^ SUr ' in the same > snou ld act in and for the parts to which such local Act 
 underbuy extends, so far as regards their parish or district, and a resolution to 
 
 local Act in * na * v&ect be passed by a majority (&), at a meeting of the vestry or 
 their parish or b ar( l specially convened for the purpose of consideiing the question 
 district. f determining such duties or powers, of which not less than fourteen 
 
 days' notice shall have been given, notice of such resolution shall be 
 given by the clerk of such vestry or board to the clerk of the peace 
 for the county in which their parish or district is situate ; and such 
 notice shall be laid by such clerk of the peace before the next court 
 of general or quarter sessions of the peace for such county ; and from 
 and after the receipt of such resolution by such justices the appoint- 
 ment, and all powers of appointment, of any inspector or examiner 
 appointed under any such local Act shall cease so far as regards such 
 parish or district, but not so as to affect any pending proceedings for 
 penalties or otherwise ; and all the provisions of the said Act at the 
 session holden in the fifth and sixth years of King William the 
 Fourth, chapter sixty-three, and of any Act amending the same, shall 
 apply to such parish or district as if such local Act were not in force 
 therein. 
 
 Penalties may 102. Every penalty or forfeiture imposed by this Act, and made 
 be recovered in recoverable by a summary proceeding, may be recovered before any 
 
 manner pro- justice of the peace in manner provided by the Act of the 
 
 vided by 11 & no lden in the eleventh and twelfth years of Her Majesty, chapter 
 J^Vict. forty . three . 
 
 (a) See 5 & 6 Will. 4, c. 63, s. 17 et seq., as to the appointment, &c., of 
 inspectors of weights and measures, and as to the districts for which 
 examiners of weights and balances might be appointed under the earlier 
 Act, 37 Geo. 3, c. 143. K. v. Justices of Devon, 1 B. & Aid. 588. By the 
 Weights and Measures Act, 1878, (6th sched., part 1), this section is re- 
 pealed. By section 55 of the Act where, in the metropolis, any vestry, 
 commissioners, or other body have powers, &c., under any local Act, charter, 
 or otherwise, in relation to the apppointment of inspectors or examiners of 
 weights and measures, such vestry, commissioners, or body may at a meeting 
 specially convened for the purpose, of which not less than fourteen days' 
 notice has been given, resolve that it is expedient that their said duties and 
 powers should cease in such a place. 
 
 (b) See B. v. Overseers of Christchurch, cited and observations in note to 
 section 28 of 18 & 19 Viet. c. 120, ante, as to what constitutes a ma- 
 jority. 
 
 (c) See 18 & 19 Viet. c. 120, ante, as to recovery of penalties by sum- 
 mary proceedings under Jervis' Act, 11 & 12 Viet. c. 43. The penalties 
 for any breach of the bye-laws under section 83, ante, are, by virtue of that 
 section, and section 202 of 18 & 19 Viet. c. 120, recoverable by a similar 
 proceeding. The Small Penalties Act, 1865, 28 & 29 Viet. c. 32, enacts
 
 25 & 26 VICT. c. 102, ss. 103105. 221 
 
 103. The expenses incurred by the metropolitan board of works in Section 103. 
 applying for and passing this Act, and preparatory or incident thereto, 
 
 shall be and are hereby included among the general expenses of the "SJ^J^ ^ 
 
 said board in the execution of the firstly-recited Act, and may be . , , . 
 
 defrayed accordingly ; and the expenses incurred by any vestry or duded amon(y 
 
 district board in relation to this Act shall be and are hereby included genera i ex _ 
 
 among the other expenses incurred by that vestry or district board penses O f exe . 
 
 in the execution of the firstly-recited Act, and may be defrayed cu ting Acts, 
 accordingly. 
 
 104. The provisions in the two hundred and twenty-seventh sec- Provision as to 
 tion of the firstly-recited Act for the recovery of penalties and for- P e " |iL. , 
 feitures imposed by the said Act is hereby extended to any damages, un( fer ^7tu 
 costs, or expenses payable or recoverable under the said recited Acts ^ ^ \Tf\ct c 
 or this Act ; and any such damages, costs, or expenses, the recovery -^Q extended 
 whereof is not otherwise provided for, may be recovered by summary to ,j amao . eS) 
 proceedings in manner directed by the said section (d). & c> 
 
 105. The two hundred and thirty-fourth section of the firstly- Application 
 recited Act is hereby repealed ; and in lieu thereof be it enacted, of penalties 
 that all penalties or forfeitures payable or recoverable under the () 
 firstly-recited Act or this Act, and all penalties or forfeitures recovered 
 
 by any vestry or district board acting as the local authority for the 
 execution within their respective parish or district of " The Nuis- 
 
 that where upon summary conviction any offender may be adjudged to pay 
 a penalty not exceeding 5, such offender may, without any warrant of 
 distress, be committed to prison for any term not exceeding the period 
 specified in the scale given in the Act, unless the penalty shall be sooner 
 paid ; and the Act applies to penalties, including costs recoverable in a 
 summary manner, in pursuance of any Act of parliament, whether passed 
 before or after its commencement. 
 
 (d) Where a local board had the option of recovering the expenses of 
 sewering and paving a. private street, either in the county court or by a 
 summary proceeding before justices, it was held that the six months' limita- 
 tion in Jervis' Act applied to both proceedings ; Tottenham Local Board of 
 Health v. Eowell, L. R. 1 Ex. D. C. A. 514. 
 
 (e) The 234th section of 18 & 19 Viet. c. 120 (hereby repealed), provided 
 that all sums which might be recovered by any vestry on account of any 
 penalty, should be applicable to then- general expenses ; but by section 47 
 of 2 & 3 Viet. c. 71 (Metropolitan Police), it was enacted that where by any 
 Act or Acts any penalties, &c., were or should thereafter be made recover- 
 able in a summary manner before any justice, &c., and by such Act or Acts 
 the same should be made payable to Her Majesty, or to any body corporate, 
 or to any person or persons whomsoever, save the informer, &c., or any 
 party aggrieved, the same, if recovered before any of the metropolitan 
 police magistrates, should be adjudged to be paid to the receiver of the 
 metropolitan police district. It was held under the 17 & 18 Viet. c. 38 
 (Suppression of Gaming Houses), that where a conviction took place under 
 that Act at a metropolitan police court, the receiver of the metropolitan 
 police district was entitled to one half of the penalty directed by the Act 
 to be applied in aid of the poor rates; Wray v. Ellis, 28 L. J. M. C. 
 45. The section as now framed is intended to secure the penalty to 
 those bodies whose property has been injured by the offence, including the 
 metropolitan board, who were not within the repealed enactment. See 
 Receiver of Metropolitan Police v. Bell, L. R. 7 Q. B. 433, as to what 
 penalties recovered before two justices were held not payable to the receiver, 
 and as to disability of a corporation to sue for penalties as a common 
 informer unless expressly empowered by statute ; Guardians of St. Leonard's 
 Shoreditch v. Franklin, L. R. 3 C. P. D. 377.
 
 222 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 105. ances Removal Act, for England, 1855" (a), shall go and be paid in 
 manner hereafter mentioned, anything contained in an Act made and 
 passed in the session holden in the second and third years of the 
 reign of Her present Majesty, chapter seventy-one, or in any other 
 Act or Acts to the contrary notwithstanding ; that is to say, one 
 half shall go to the informer, and the remainder shall go to the 
 vestry or district board of the parish or district in which the offence 
 was committed, or to the metropolitan board of works, in case the 
 injury shall have been sustained by or the offence committed in 
 respect of that board ; or if such vestry or district board or the 
 metropolitan board of works be the informers, then the whole of the 
 penalty recovered shall go to them respectively, and all sums which 
 shall go to or be recovered by any board or vestry on account of any 
 penalty or forfeiture shall be paid to their treasurer, or into such 
 bank to their account as they may direct, and shall be applicable 
 towards the general expenses of such board or vestry ; provided that 
 in every case where any board or vestry are liable to any penalty or 
 forfeiture, the whole of such penalty or forfeiture shall go to the 
 informer. 
 
 Notice of 106. No writ or process shall be sued out against or served upon, 
 
 action, &c. (J). and no proceeding shall be instituted against the metropolitan board 
 of works, or any vestry or district board, or their clerk, or any clerks, 
 surveyor, contractor, officer, or person whomsoever, acting under 
 their or any of their directions, for anything done or intended to 
 be done under the powers of such board or vestry under the 
 said Acts or this Act (c), until the expiration of one calendar 
 
 (a) See 18 & 19 Viet. c. 121, s. 38, post, Appendix. 
 
 (6) This section is founded on the 127th section of the Metropolitan 
 Sewers Act, 1848, 11 & 12 Viet. c. 112, but in addition to the words " writ 
 or process shall be sued out," it uses the words " no proceeding shall be 
 nstituted." 
 
 (c) An omission to do something to be done for the complete perform- 
 ance of a duty imposed on a public body by statute, or continuing to leave 
 such duty unperformed, amounts to an Act done or intended to be done 
 within the meaning of section 139 of the Public Health Act, 1848; Jolliffe 
 v. Wallasey Local Board, L. R. 9 C. P. 62. 
 
 Where an inspector was ordered by a district board of works within the 
 metropolis to erect a urinal, and he authorized another person to perform 
 the work, the latter, as well as the inspector, was held entitled to notice of 
 action ; Chambers v. Reid, 30 J. P. 231 ; 13 L. T. (N.S.) 703. 
 
 A contractor under the metropolitan commission of sewers who, in en- 
 larging a sewer, neglected to pump the sewage, thereby flooding the 
 plaintiffs premises, was held entitled to notice of action; Poulsumv. Thirst, 
 36 L. J. C. P. 225 ; L. R. 2 C. P. 449. 
 
 A person who contracted with a local board of health to dig wells under 
 the direction of their surveyor, and caused damage by leaving a hole 
 without a light at night, was held entitled to notice of action under section 
 264 of Public Health Act, 1875; Newton v. Ellis, 24 L. J. Q. B. 337; 
 5 E. & B. 115. 
 
 A local board sued for negligence in not protecting a footpath from a 
 goit, was held entitled to notice of action ; Wilson v. Corporation of 
 Halifax, 37 L. J. Ex. 44; L. R. 3 Ex. 114, and similarly in case of accident 
 from a defective bridge ; Holland v. Nantwich Highway Board, 34 L. T. 
 137. 
 
 Although a rate made by defendants as surveyors of highways was bad, 
 the defendants were held entitled under section 109 of the General High-
 
 25 & 26 VICT. c. 102, s. 106. 223 
 
 month, (d) next after notice in writing shall have been served upon such Section 106. 
 
 board or vestry, or where the action or proceeding shall be against such 
 
 officer or other person acting under their or any of their directions 
 
 shall have been delivered to him or left at his office or place of abode, 
 
 stating the cause of action or grounds of the proceeding or demand, 
 
 and the name and place of abode of the intended plaintiff or claimant ( 
 
 and of his attorney 91- agent in the cause or proceeding ; and upon ' 
 
 the trial of any action the plaintiff shall not be permitted to go into 
 
 evidence of any cause or action except such as is stated in the notice 
 
 so served or delivered, and unless such notice be proved the jury 
 
 shall find for the defendant ; and every such action and proceeding Limitation. 
 
 shall be brought or commenced within six months (e) next after the 
 
 way Act to notice of an action brought to recover the money paid ; Selmes 
 v. Judge, L. R. 6 Q. B. 724. 
 
 In order to entitle a party to notice of action for a thing done, " in pur- 
 suance of" or "in the execution of" an Act of parliament, it is not neces- 
 sary that he should at the time of doing the act be cognisant of the 
 existence of the statute giving him such protection, or that he should be 
 acting strictly in the execution of it; Head v. Coker, 13 C. B. 850. 
 
 A letter of plaintiff's attorney claiming compensation, is not sufficient 
 notice; Mason v. Birkenhead Improvement Commissioners, 29 L. J. Ex. 407. 
 
 Where the servant of the defendant, a contractor under a metropolitan 
 
 district board of works, left a horse unattended which ran away causing 
 
 damage ; held, that this was not " a thing done, &c." under the powers 
 
 f the board requiring notice of action ; Whatman v. Pearson, L. R. 3 
 
 C. P. 422. 
 
 A person who, being called upon by the metropolitan board to make a 
 drain to his premises, committed a trespass, was held not entitled to notice of 
 action ; Doust v. Slater, 38 L. J. Q. B. 159. 
 
 No notice is required where the action is for the breach of a contract ; 
 Dames v. Corporation of Swansea, 8 Ex. 808. 
 
 In an action against defendant for negligently performing work, it was 
 held that defendant did not come within the words "other person " in the 
 18th section of Metropolis Building Act, 1855, and was not entitled to 
 notice of action ; Williams v. Oolding, 35 L. J. C. P. 1. 
 
 (d) Under an Act requiring one calendar month's notice of action, a 
 notice having been given on the 28th of a month, it was held that an action 
 might be commenced on the 29th of the following month whatever the 
 length of the preceding month ; Freeman v. Read, 32 L. J. Q. B. 322. 
 
 The provision in this section does not affect the rights of a riparian 
 owner whose stream is being polluted by the works of a district board, to 
 summary relief by information ; Attorney -General v. Hackney District 
 Board, L. R. 20 Eq. 626. 
 
 In a proceeding to restrain a nuisance by a local sanitary authority by 
 drainage into an open watercourse, the notice prescribed by the Public 
 Health Act, 1875, is not necessary ; Baker v. Corporation of Wisbeach, 
 L. R. W. N. (1877), p. 56 ; the jurisdiction granting summary relief by in- 
 junction is not altered by the Judicature Act ; Ibid. 
 
 A month's notice of action under the Public Health Act, 1875, is not 
 necessary where the principal object of the action is an injunction to restrain 
 immediate injury. Where plaintiff's case showed compensation for damage 
 to be the principal object, notice of action is necessary ; Flower v. Local 
 Board of Low Leighton, L. R. 5 Ch. Div. (c. A.) 347. 
 
 (e) It is not necessary that a notice of claim and demand for arbitration 
 for damage done to a building should be made within six months' after the 
 occurrence of the damage ; Delanu v. Metropolitan Board of Works, 
 L. R. 2 C. P. 532 ; 3 C. P. (Ex. Ch.) 111. 
 
 And as to when cause of action arises, see Bonomi \. Backhouse, 28 L. J. 
 Q. B. 378; Whitehouse v. Fellowes, 10 C. B. (N. s.) 765.
 
 224 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Tender of 
 amends. 
 
 Section 106. accrual of the cause of action or ground of claim or demand, and not 
 y afterwards, and every such action shall be laid and tried in the 
 
 county or place where the cause of action accrued (a), and not else- 
 General issue, where ; and the defendant shall in any such action be at liberty to 
 plead the general issue, and give the said recited Acts and this Act 
 and all special matter in evidence thereunder ; and it shall be lawful 
 for the board or vestry, or any person to whom such notice is given 
 as aforesaid, to tender amends to the plaintiff, his attorney or agent, 
 at any time within one calendar month after service of such notice, 
 and in case the same be not accepted to plead such tender in bar, and 
 (by leave of the court) with the general issue or other plea or pleas ; 
 and if upon issue joined upon any plea pleaded to the whole action 
 the jury find generally for the defendant, or if the plaintiff be non- 
 suited or discontinue, or if judgment be given for the defendant, then 
 the defendant shall be entitled to full costs of suit, and have judg- 
 ment accordingly ; and in case the amends tendered be insufficient, 
 it shall be lawful for the defendant, by leave of the court, at any 
 time before trial, to pay into court under plea such sum of money as 
 he may think proper, and (by the like leave) to plead the general 
 issue or other plea or pleas, any rule of court or practice to the con- 
 trary notwithstanding. 
 
 Penalties to 107. The two hundred and thirty-third section of the firstly-recited 
 
 be proceeded Act is hereby repealed ; and in lieu thereof be it enacted, that no 
 
 for within person shall be liable for the payment of any penalty or forfeiture 
 
 six under the recited Acts or this Act, or any bye-law made by virtue 
 
 months (6). thereof, for any offence made cognizable before a justice, unless the 
 
 complaint respecting such offence have been made before such justice 
 
 within six months next after the commission or discovery of such 
 
 offence. 
 
 (a) An enactment in similar terms in the 11 & 12 Vic. c. 63, was decided 
 not to deprive a court or judge of their common law power to change the 
 venue if the ends of justice required it ; Itchin Bridge Company v. South- 
 ampton Local Board, 8 E. & B. 803. 
 
 See now Supreme Court of Judicature Act, 1875, order 36, rule 1, enact- 
 ing that there shall be no local venue for the trial of any action, but when 
 the plaintiff proposes to have the action tried elsewhere than in Middlesex, 
 he shall in his statement of claim name the county or place in which he 
 proposes that the action shall be tried, and the action shall, unless a judge 
 otherwise orders, be tried in the county or place so named. 
 
 (b) There was a contradiction betwen the text of the repealed section 
 and the marginal note, the former mentioning three, and the latter ^ix 
 months, as the period within which the complaint must have been made. 
 
 Where a local Act empowered justices to make an order for the demoli- 
 tion of a building erected contrary to the directions of a corporation, it was 
 decided that the complaint must have been made within six months from 
 the completion of the building, as required by the llth section of 11 & 12 
 Viet. c. 43 ; Morant v. Taylor, 45 L. J. M. C. 78 ; L. R. 1 Ex. Div. (c.A.) 
 188. But in Vestry of JBermondsey v. Johnson, L. R. 8 C. P. 441, it was 
 held that this limitation did not apply to an offence under section 76 of the 
 Metropolis Management Act, 1855, which only relates to pecuniary penal- 
 ties or forfeitures ; and for encroaching on a highway by a building or 
 fence, under 27 & 28 Viet. c. 101, s. 51, within six months from the com- 
 pletion of the building or fence ; Coggin v. Bennett, L. R. 2 C. P. D. 
 568. 
 
 An adjudication of a justice as to the value of an interest in land under 
 sections 22, 24, of Lands Clauses Consolidation Act, is not an order for the
 
 25 & 26 VICT. c. 102, ss. 108112. 225 
 
 108. Except as herein specially provided, nothing herein contained Section 108. 
 shall in any way prejudice or affect any act, matter, or thing made, A ct no Tto apply 
 done, or commenced prior to the passing of this Act (c). to things done 
 
 before its pass- 
 ing, except, &c. 
 
 109. Nothing in this Act contained shall be held to make the No further 
 several places named in schedule (C.) of the firstly-recited Act liable "ftachto* laces 
 to any payment or assessment to which they would not have been named in sched! 
 liable if this Act had not been passed. vict *"? 19 
 
 110. The said recited Acts and this Act shall be construed together Acts to be 
 na nnp AH- construed as 
 as one Act. one Act . 
 
 111. The recited Acts may be respectively cited for all purposes as Short titles. 
 "The Metropolis Management Act, 1855," " The Metropolis Manage- 
 ment Amendment Act, 1856," and "The Metropolis Management 
 
 Act, 1858;" and this Act may be cited for all purposes as "The 
 Metropolis Management Amendment Act, 1862." 
 
 112. In the construction of the recited Acts and this Act the term interpretation 
 " metropolis " shall be deemed to include the city of London and the 
 
 parishes and places mentioned in the schedules (A.), (B.), and (C.) to 
 the firstly-recited Act ; the word " drain" shall be deemed to apply to 
 and include the subject matters specified in the two hundred and 
 fiftieth section of the firstly-recited Act, and also any drain for drain- 
 ing a group or block of nouses by a combined operation, laid or 
 constructed before the 1st day of January, 1856, pursuant to the 
 order or direction or with the sanction or approval of the metropolitan 
 commissioners of sewers (d); the expression " water company" shall 
 mean and include any of the companies enumerated in the twenty- 
 ninth section of the Act of the session of the fifteenth and sixteenth 
 years of the reign of Queen Victoria, chapter eighty -four, for the 
 making better provision respecting the supply of water to the metro- 
 polis, and also any other company, board, or commission, association, 
 person, or partnership, corporate or unincorporate, for the time being 
 supplying the metropolis or any part thereof with water for domestic 
 use; the word "cattle" shall include sheep, lambs, and swine ; the 
 word "street" shall be deemed to apply to and include the subject 
 matters specified in the two hundred and fiftieth section of the firstly- 
 
 payment of money within 11 & 12 Viet. c. 43, s. 11 ; and the six months' 
 limitation does not apply ; R. v. Hannay, 44 L. J. M. C. 27. 
 
 See also Jacombe v. Dodgson, 32 L. J. M. C. 113 ; Sweetman v. Guest, 
 37 L. J. M. C. 59 ; R. v. Edmundson, 17 Q. B. (N.S.) 67. 
 
 As to what is a continuing offence making the limitation inapplicable, see 
 Higginsv. Northwich Union, 22 L.T. (N.S.) 752. 
 
 (c) A notice of rate was held to be " a thing done," within Public Health 
 Act, 1875, section 343 ; R. v. Justices of West Riding of Yorkshire, 4 L. R. 
 1 Q. B. D. 220 ; and Barnes v. Eddleston, L. R. I Ex. D. 102. 
 
 (d) The definition of the word " drain," section 250 of the Metropolis 
 Management Act, 1855, ante, included the drainage of a block of houses by 
 a combined operation under the order of any vestry or district board, but 
 did not extend to combined drainage laid down before the passing of that 
 Act. That species of drainage, therefore, came within the definition of the 
 word " sewer " in the section referred to, and as such would probably have 
 been maintainable by vestries and district boards out of the public rates. 
 The new definition declares them to be drains, and, as a consequence, sub- 
 jects them to the incidents applicable to private works. 
 
 Q
 
 226 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Section 112. rec i te( l Act, and also any mews and a part thereof ; the expression 
 " new street " shall apply to and include all streets hereafter to be 
 formed or laid out, and a part of any such street, and also all streets, 
 the maintenance of the paving and roadway whereof, had not, pre- 
 viously to the passing of this Act, been taken into charge and assumed 
 by the commissioners, trustees, surveyors, or other authorities having 
 control of the pavements or highways in the parish or place in which 
 such streets are situate, and a part of any such street, and also all 
 streets partly formed or laid out; the word " pave " shall apply to 
 and include the formation of the roadway or footway of any street ; 
 the word "clerk" shall include any officer called or to be called 
 " secretary ;" the word " surveyor " shall include any officer called 
 or to be called "engineer;" the word "print" shall apply to and 
 include every mode of taking impressions, whether by letter press, 
 stereotype, lithography, or otherwise. 
 
 Finsbury 113. Whereas an Act was passed in the session of parliament holden 
 
 Park Act, in the twentieth and twenty-first years of Her Majesty, "to enable 
 continued the Metropolitan Board of Works to form a Park for the Northern 
 
 till 1863 (a). Suburbs of the Metropolis, to be called Finsbury Park:" and whereas 
 it is expedient to continue the said Act [for such period as herein 
 mentioned : Be it therefore enacted, that the said Act shall be con- 
 tinued in force until the 17th day of August, 1863, in like manner as 
 if the time so limited had been the time limited by the said Act of 
 the twentieth and twenty-first years of Victoria, chapter one hundred 
 and twenty. 
 
 Amendment 114. There shall be repealed so much of the one hundred and 
 
 of 18 & 19 ninety-third section of an Act passed in the session holden in the 
 
 Viet. c. 120, eighteenth and nineteenth years of the reign of Her present Majesty, 
 
 s. 193. chapter one hundred and twenty, intituled " An Act for the better 
 
 Local Management of the Metropolis," as provides that the auditor 
 
 of the accounts of the metropolitan board shall be paid by such board 
 
 not exceeding five guineas for every day he is fully employed on such 
 
 audit, and all expenses he is put to in the auditing of such accounts ; 
 
 provided always, that such payment shall not exceed fifty 
 
 guineas: and in lieu thereof, be it enacted, that the auditor of the 
 
 accounts of the metropolitan board shall be paid by such board a sum 
 
 not exceeding two guineas for every day that he is fully employed on 
 
 such audit, and all expenses that he is put to in the auditing of such 
 
 accounts, provided that such payments do not in the whole exceed 
 
 one hundred guineas (b). 
 
 115. From and after the passing of this Act all di , ^ 
 authorities under the Local Act of the tenth year of George the 
 
 uties, powers, and 
 ar of George the 
 Fourth, chapter sirty-eight, now remaining vested in the committee 
 
 Certain 
 
 powers 
 
 under Local . . 
 
 Act 10 Geo. 4, of management of the affairs of the parish of Saint Paul, C 
 
 c. 68, respect- Garden, shall cease to be so vested, and shall become vested i 
 
 ing parish 
 
 Covent 
 in and 
 
 (a) By the 27th section of that Act, the powers for the compulsory pur- 
 chase of land could not be exercised after the expiration of five years from 
 its passing, 17th August, 1857. 
 
 (b) By the Metropolis Local Management Amendment Act, 1858 (21 & 22 
 Viet. c. 104), s. 8, the auditor is required to cause to be prepared a sepa- 
 rate abstract and statement of the expenditure under that Act ; and a similar 
 provision is contained in 25 & 26 Viet. c. 93, Thames Embankment, and 
 other Acts. By the Metropolitan Board of Works (Loans) Act, 1875, 
 section 15, the auditor is to be paid a fee not exceeding 100 guineas.
 
 25 & 26 VICT. c. 102, ss. 115117. 227 
 
 be performed and exercised by the vestry of such parish, elected under Section 115. 
 the Act of the eighteenth and nineteenth years of Victoria, chapter . , 
 
 one hundred and twenty, and that the said committee shall cease and hamt Fau1 ' 
 be determined, and no new appointment or election of such committee 
 
 116. It shall not be lawful for the metropolitan board of works, or for Saving rights 
 any vestry or district board, to take, use, or in any manner interfere < the crown 
 with any land, soil, tenements, or hereditaments, or any rights, of ji , 
 whatsoever nature, belonging to or enjoyed or exercisable by the -r UC ^ 
 Queen's most excellent Majesty in right of her crown, or in right of 
 
 the duchy of Lancester, without the consent in writing of the com- 
 missioners for the time being of Her Majesty's woods, forests, and 
 land revenues, or one of them, on behalf of Her Majesty, first had 
 and obtained for that purpose, which consent such commissioners 
 are hereby respectively authorized to give, or without the consent in 
 like manner of the chancellor of the said duchy ; and nothing herein 
 contained shall divest, take away, prejudice, diminish, or alter any 
 estate, right, privilege, power, or authority vested in or enjoyed or 
 exercisable by the Queen's majesty, her heirs or successors, in right 
 of her crown or in right of her duchy of Lancaster : Provided 
 always (c) that nothing herein contained shall in any way lessen, 
 alter, or in any manner prejudice or affect the rights, powers, and 
 authorities of the metropolitan board of works relating to the main 
 drainage of the metropolis, but such rights, powers, and authorities 
 may be put in force as if this section had not been passed. 
 
 117. It shall not be lawful for the metropolitan board of works, or Saving rights 
 for any vestry or district board, to take, use, or in any way interfere of the crown 
 with any land, soil, tenements, or hereditaments, or any rights, of in respect of 
 whatsoever nature, belonging to or enjoyed or exercisable by the the duchy of 
 Queen's most excellent Majesty in right of her duchy of Cornwall, Cornwall. 
 without the consent in writing of two or more of the principal officers 
 
 of the duchy, which consent such principal officers of the duchy are 
 hereby authorized to give ; and nothing herein contained shall divest, 
 take away, prejudice, diminish, or alter any estate, right, privilege, 
 power, or authority vested in or enjoyed or exercisable by the Queen's 
 Majesty, her heirs or successors, in respect of the said duchy : Pro- 
 vided always, that nothing herein contained shall in any way lessen, 
 alter, or in any manner prejudice or affect the rights, powers, and 
 authorities of the metropolitan board of works relating to the main 
 drainage of the metropolis, but such rights, powers, and authorities 
 may be put in force as if this section had not been passed (d). 
 
 (c) This proviso refers to the power of constructing works for the pur- 
 poses of the main drainage under the bed and soil of the river Thames, 
 .given by the 2nd section of 21 and 22 Viet. c. 104, subject to the conditions 
 imposed by the 27th and 28th sections of the same Act. See Thames Con- 
 servancy Act, 1857, as to the rights of the crown in respect of the foreshore 
 of the Thames. 
 
 (d) See note to last section. 
 
 Q 2
 
 228 
 Sched. (A.) 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 SCHEDULES TO WHICH THIS ACT REFERS. 
 
 SCHEDULE (A.) 
 
 LIST OF CERTAIN SECURITIES AND LIABILITIES OF METROPOLITAN 
 
 COMMISSIONERS OF SEWEBS. 
 
 Name of Lender, Party holding 
 Security, or for whose Life 
 Annuity granted. 
 
 Amount of Loan 
 or Value of 
 Annuity. 
 
 Date of Loan or 
 Grant of Annuity. 
 
 
 s. d. 
 
 
 John Newberry George 
 
 3,000 
 
 llth April, 1823. 
 
 Mary Robinson .... 
 
 2,000 
 
 12th March, 1824. 
 
 G. B. Hart (executors of) - 
 
 1,000 
 
 
 
 B. D. Kershaw - 
 
 1,000 
 
 m 
 
 Rev. E. D. Kershaw - 
 
 1,000 
 
 m 
 
 Samuel Kershaw 
 
 2,000 
 
 4th June, 1824. 
 
 T. W. Meller (executors of) - 
 
 3,000 
 
 12th Dec. 1828. 
 
 Do. (do.) 
 
 9,500 
 
 13th January, 1832. 
 
 J. Hicks (executors of) 
 John Hobbs .... 
 
 5,000 
 2,000 
 
 8th March, 1833. 
 27th May, 1840. 
 
 J. G. Hall 
 
 1,500 
 
 10th Sept. 1847. 
 
 Helena Balcombe (trustees of) 
 
 1,500 
 
 
 
 Philip Green .... 
 
 1 000 
 
 
 James Courthope Peache 
 
 10,000 
 
 2nd May, 1851. 
 
 Royal Exchange Assurance Cor- 
 
 
 
 
 20 000 
 
 17th Sept. 1852. 
 
 P 
 
 
 C Between 1st March, 
 
 Rock Life Assurance Company 
 
 228,800 
 
 ] 1854, and 1st 
 
 
 
 (. Feb. 1855. 
 
 ANNUITIES. 
 
 
 
 (Estimated value, 1st Jan, 1856. 
 
 
 
 Charlotte Swabey- 
 
 210 10 
 
 19th April, 1816: 
 
 William Edwards 
 
 961 18 7 
 
 12th April, 1822. 
 
 Sarah Dorothy Woodfield 
 
 85 19 
 
 10th October, 1823. 
 
 Louisa Turner 
 
 1,039 11 4 
 
 n 
 
 Sarah Dorothy Hunt - 
 Maria Woodrofle - 
 
 217 13 11 
 259 13 11 
 
 27th August, 1824. 
 22nd October, 1824. 
 
 Carolina Jeremy - 
 
 544 3 8 
 
 28th July, 1826. 
 
 Margaret Symons 
 
 70 4 2 
 
 
 TOTAL . - 
 
 295,689 14 7 

 
 25 & 26 VICT. c. 102, SCHED. (B.) 
 
 SCHEDULE (B.) 
 
 APPOBTIONMENT OF DEBT ON LOAN FEOM THE CLEB<JY MUTUAL 
 ASSUBANCE SOCIETY. 
 
 229 
 Sched. (B.) 
 
 Parishes and Places. 
 
 Amount charged on each 
 Parish or Part. 
 
 Saint Marylebone .... 
 
 s. d. 
 
 *. d. 
 10,563 3 
 746 4 7 
 5,181 16 6 
 9,449 3 
 4,618 18 9 
 2,658 15 6 
 4,544 19 
 1,103 13 8 
 2,008 4 8 
 2,219 12 6 
 4,348 6 3 
 2,274 5 
 2,290 7 2 
 2,560 17 2 
 1,726 6 
 1,317 12 3 
 1,391 12 
 1,754 11 5 
 2,642 8 3 
 1,589 2 6 
 676 9 2 
 814 2 4 
 
 2,533 10 2 
 2,695 5 2 
 
 2,527 18 10 
 
 Lambeth -..-.. 
 Saint George, Hanover Square 
 Saint Mary, Islington - - - - 
 Saint Leonard, Shoreditch - 
 Paddington ..... 
 Saint Matthew, Bethnal Green - 
 Saint Mary, Newington, Surrey - 
 Camberwell ..... 
 Saint James, Westminster ... 
 Saint James and Saint John, Clerkenwell 
 Chelsea 
 Saint Mary Abbotts, Kensington - 
 Saint Luke, Middlesex 
 Saint George the Martyr, Southwark - 
 
 Saint George in the East - 
 Saint Martin in the Fields - 
 Hamlet of Mile End Old Town - 
 
 1,139 14 1 
 370 13 2 
 488 1 11 
 63 4 
 169 2 3 
 149 13 4 
 81 18 8 
 42 8 11 
 28 17 6 
 
 Saint John, Hampstead 
 
 Whitechapel District. 
 Saint Mary, Whitechapel 
 Christchurch, Spitalfields 
 Saint Botolph Without, Aldgate - 
 Holy Trinity, Minories 
 Precinct of Saint Katharine 
 Hamlet of Mile End New Town - 
 Liberty of Norton Folgate - 
 Old Artillery Ground 
 District of the Tower 
 
 Westminster District. 
 Saint Margaret and Saint John the 
 
 
 Greenwich District. 
 Saint Paul, Deptford, including 
 Hatcham ..... 
 Saint Nicholas, Deptford - 
 
 1,048 3 10 
 211 7 10 
 1,268 7 2 
 
 Wandsworth District. 
 Clapham --.... 
 Tooting Graveney .... 
 
 871 19 11 
 103 15 8
 
 230 
 
 Sched. (B.) 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 Parishes and Places. 
 
 Amount charged on each 
 Parish or Part. 
 
 Wandsworth District continued. 
 Streatham 
 Saint Mary, Battersea, excluding 
 Penge 
 Wandsworth 
 Putney, including Roehampton 
 
 Hackney District. 
 
 *. d. 
 514 14 10 
 
 836 1 2 
 464 2 
 369 19 9 
 
 s. d. 
 
 3,160 11 6 
 
 3,734 8 2 
 2,772 2 5 
 
 1,915 16 11 
 
 2,732 10 2 
 1,215 8 6 
 
 1,749 5 7 
 2,306 17 9 
 1,701 14 3 
 
 2,451 4 
 283 7 10 
 
 Saint Mary, Stoke Newington - 
 
 Saint Giles District. 
 Saint Giles in the Fields and Saint 
 George, Bloomsbury 
 
 Holborn District. 
 Saint Andrew, Holborn above Bars, 
 and Saint George the Martyr 
 Saint Sepulchre, in the county of 
 Middlesex 
 Saffron Hill, &c . - 
 Liberty of Glasshouse Yard 
 
 Strand District. 
 Saint Anne, Soho .... 
 Saint Paul, Covent Garden 
 Precinct of the Savoy ... 
 Saint Mary-le- Strand 
 Saint Clement Danes ... 
 Liberty of the Kolls 
 
 Fulham District. 
 Saint Peter and Saint Paul, Hammer- 
 smith 
 Fulham 
 
 Limehouse District. 
 Saint Anne, Limehouse - 
 Saint John, Wapping ... 
 Saint Paul, Shadwell 
 Hamlet of Ratcliffe .... 
 
 Poplar District. 
 All Saints, Poplar .... 
 Saint Mary, Stratford-le-Bow - 
 Saint Leonard, Bromley - 
 
 Saint Saviour's District. 
 
 1,395 3 10 
 
 187 11 10 
 294 11 4 
 38 9 11 
 
 958 7 5 
 458 17 10 
 90 9 6 
 157 1 4 
 897 15 9 
 169 18 4 
 
 713 9 
 501 19 6 
 
 586 7 3 
 373 11 6 
 325 12 7 
 463 14 3 
 
 1,637 9 10 
 286 1 2 
 383 6 9 
 
 671 3 5 
 1,030 10 10 
 
 Saint Saviour (including the Liberty 
 of the Clink) .... 
 
 Plumstead District. 
 Charlton next Woolwich - 
 
 311 16 1 
 300 9 11 
 157 9 9 
 
 Eltham .... 

 
 25 & 26 VICT. c. 102, SCHED. (B.] 
 
 Parishes and Places. 
 
 Amount charged on each 
 Parish or Part. 
 
 Pluinstead District continued. 
 Lee 
 
 Kidbrooke - - ' ' - ' - 
 
 Lewisham District. 
 Lewisham, including Sydenham 
 Hamlet of Penge - 
 
 Saint Olave District. 
 
 t. d. 
 248 7 9 
 90 18 
 
 s. d. 
 1,109 1 6 
 
 1,459 13 4 
 
 1,022 11 5 
 20 11 10 
 142 13 10 
 
 1,149 19 7 
 309 13 9 
 
 536 6 1 
 47 12 6 
 438 12 10 
 
 Saint Thomas Southwark - 
 Saint John, Horsleydown - 
 
 The Charter House .... 
 Gray's Inn 
 
 TOTAL - 
 
 ! I 
 
 105,000 
 
 231 
 
 Sched. (B.)
 
 232 
 
 Sched. (C.) 
 
 METROPOLIS LOCAL MANAGEMENT. 
 
 SCHEDULE (C.) 
 Form of Assessment. 
 
 Resolved, That this board do and they do hereby ascertain the sums 
 which ought, in their judgment, to be charged upon the several parts of 
 the metropolis, and other parts charged with mortgages, debts, and liabili- 
 ties at the expiration of the Act of the llth and 12th years of Her Majesty, 
 chapter 112, for defraying the expensess of the said board, in the execution 
 of the Metropolis Local Management Act, 1855, for the year ending 
 , 18 , under and pursuant to the said Act and the Acts for 
 amending the same ; and ordered that such sums be assessed as hereinafter 
 specified, and they are hereby assessed upon such parts respectively, and 
 that precepts under the common seal of the board do issue for obtaining 
 payment thereof : 
 
 Parishes, Districts, or Parts. 
 
 Suras assessed. 
 
 [.Here insert the Parishes, Districts, 
 Parts of Parishes, Sfc., as for 
 instance,^ 
 
 City of London, the whole - 
 Parish of , the whole 
 
 That part of the parish included iu 
 former district [or level or 
 division] 
 
 That part of the parish included in 
 former district [or level or 
 division] 
 
 And so on, adding the names of the 
 other parishes, districts, parts of 
 parishes, fyc., on which sums are 
 assessed, and the sums assessed.'] 
 
 Form of precept demanding one sum assessed upon the whole of a 
 parish or other place (a). 
 
 To the vestry [or other body or person cliarged with payment of the 
 amount] of the parish [or other place, describing it by name."] 
 
 By virtue of an Act passed in the nineteenth year of the reign of Queen 
 Victoria, intituled " An Act for the better Local Management of the 
 Metropolis," 
 
 The metropolitan board of works do issue this their precept under their 
 common seal to you the said vestry [or chamberlain, &c.], and do hereby 
 
 (a) See as to present form of precept, note to section 22 of Metropolitan 
 Board of Works (Loans) Act, 189, post, Appendix.
 
 25 & 26 VICT. c. 102, SGHED. (C.) 233 
 
 reauire you to pay to on or before the day of now Sched. (C.) 
 
 next ensuing, the sum of pounds shillings and 
 
 pence, heing the sum which ought, in the judgment of the said board, to be 
 
 charged upon the said parish [or city, &c.], for defraying the expenses of 
 
 the said board in the execution of the said Act, and which they the said 
 
 board did, on the day of 18 , ascertain and assess upon 
 
 the said parish [or city, <f c -]' for such purpose, under and in pursuance 
 
 of the provisions of the said Act, and the Acts for amending the same in 
 
 that behalf. 
 
 Dated this day of 18 . 
 
 (L. S.) 
 
 Form of precept demanding an amount made up of a sum assessed 
 upon the whole of a parish or other place, and of a sum or sums 
 assessed upon a part or parts of such parish or place. 
 
 To the vestry [or other body or person charged with payment of the 
 amount} of the parish [or other place, describing it by name~]. 
 
 By virtue of an Act passed in the nineteenth year of the reign of Queen 
 Victoria, intituled " An Act for the better Local Management of the 
 Metropolis," 
 
 The metropolitan board of works do issue this their precept under their 
 common seal to you the said vestry, and do hereby require you to pay to 
 
 on or before the day of now next ensuing, the 
 
 sum of pounds shillings and pence, the sum of 
 
 pounds shillings and pence, part of the said sum 
 
 of pounds shillings and pence, being the sum which 
 
 ought, in the judgment of the said board, to be charged upon the whole of 
 the said parish for defraying the expenses of the said board in the execution 
 of the said Act, and which they the said board did, on the day of 
 
 18 , ascertain and assess upon the said parish for such purpose, 
 under and in pursuance of the provisions of the said Act and the Acts for 
 amending the same in that behalf. 
 
 * The sum of pounds shillings and pence, other 
 
 part of the said sum of pounds shillings and 
 
 pence, being the sum which ought, in the judgment of the said board, to be 
 charged upon that part of the said parish of which was at and 
 
 immediately before the determinatiou and expiration of the Metropolitan 
 Sewers Act, 1848, included in the sewerage district, for defraying 
 
 the expenses of the said board in the execution of the said Act, and which 
 they the said board did, on the day of 18 , ascertain and 
 
 assess upon the said part of the said parish for such purpose, under and in 
 pursuance of the provisions of the said Act, and the Acts for amending the 
 same in that behalf. [ Where distinct sums are assessed upon other parts of 
 the same parish, that portion of the preceding form commencing at* may be 
 repeated in each case.'] 
 
 Dated this day of 18 . 
 
 (L. S.)
 
 234 METROPOLIS LOCAL MANAGEMENT. 
 
 ScheMC.) 
 
 Form of precept to a district board of works demanding a sum assessed 
 upon the whole of a parish within the district, or an amount con- 
 sisting of a sum assessed upon the whole parish, and a sum or sums 
 assessed upon a part or parts of the same parish. 
 
 To the board of works for the district. 
 
 By virtue of an Act passed in the nineteenth year of the reign of Queen 
 Victoria, intituled "An Act for the better Local Management of the 
 Metropolis," 
 
 The metropolitan board of works do issue this their precept under their 
 common seal to you the said district board of works for the said 
 district, and do hereby require you to pay to on or before the 
 
 day of now next ensuing,* the sum of pounds 
 
 shillings and pence, being the sum which ought, in the 
 
 judgment of the said board, to be charged upon the parish of 
 within the said district, for defraying the expenses of the said 
 
 board in the execution of the said Act, and which they the said board did, 
 on the day of 18 , ascertain and assess upon the said 
 
 parish for such purpose, under and in pursuance of the provisions of the 
 said Act and the Acts for amending the same in that behalf. 
 
 *[Where the amount demanded is made tip of a sum assessed upon a 
 whole parish within the district, and also of a sum or sums assessed on a 
 part or parts of the same parish, the form may be as follows: 
 
 The sum of pounds shillings and pence, part of 
 
 the said sum of pounds shillings and pence, being 
 
 the sum which ought, in the judgment of the said board, to be charged 
 upon the whole of the parish of within the said district, for defray- 
 
 ing the expenses of the [said board in the execution of the said Act, and 
 which they the said board did, on the day of 18 , ascer- 
 
 tain and assess upon the said parish for such purpose, under and in pur- 
 suance of the provisions of the said Act and the Acts for amending the same 
 in that behalf. 
 
 The sum of pounds shillings and pence, other 
 
 part of the said sum of pounds shillings and 
 
 pence, being the sum which ought, in the judgment of the said board, to 
 be charged upon that part of the said parish of within the said 
 
 district, which was at and immediately before the determination 
 and expiration of the Metropolitan Sewers Act, 1848, included in the 
 separate sewerage district, for defraying the expenses of the said 
 board in the execution of the said Act, and which they the said board did, 
 on the day of 18 , ascertain and assess upon the said 
 
 part of the said parish for such purpose, under and in pursuance of the pro- 
 visions of the said Act and the Act for amending the same in that behalf.] 
 
 Dated this day of 18 . 
 
 (L.S.)
 
 25 & 26 VICT. c. 102, SCHED. (C.) 
 
 235 
 
 Form of precept to a district board of icorlcs, where sums are assessed 
 upon several parishes and parts of parishes ivithin the district. 
 
 To the board of works for the 
 
 district. 
 
 By virtue of an Act passed in the nineteenth year of the reign of Queen 
 Victoria, intituled "An Act for the better Local Management of the 
 Metropolis," 
 
 The metropolitan board of works do issue this their precept under their 
 common seal to you the said board of works for the said district, 
 
 and do hereby require you to pay to the on or before the 
 
 day of now next ensuing, the sum of pounds 
 
 shillings and pence, being the amount of the several and respective 
 
 sums of money hereunder set down and expressed opposite to and against 
 the several parishes and parts of parishes within your said district herein- 
 after mentioned, which said several sums ought, in the judgment of the 
 said board, to be charged upon the said parishes and parts of parishes 
 respectively for defraying the expenses of the said board in the execution of 
 the said Act, and which they the said board did, on the day of 
 
 18 , ascertain and assess upon the said several parishes and parts 
 of parishes for such purpose, under and in pursuance of the provisions of 
 the said Act and the Acts for amending the same in that behalf 
 
 Names of parishes, parts of parishes, &c. 
 
 The parish [or hamlet, precinct, 
 The whole of the parish. That part of the said 
 parish [or hamlet, precinct, Sfc. of 3, 
 
 within the said district, which was at and 
 
 immediately before the determination and expira- 
 tion of the Metropolitan Sewers Act, 1848, included 
 in the sewerage district. [And so on in 
 
 the case of each parish, part of a parish, <$<?. J 
 
 *. d. s. d, 
 
 Dated this 
 
 day of 
 
 18 . 
 
 (L.S.) 
 
 Sched. (C.)
 
 APPENDIX. 
 
 AN ACT 
 
 TO CONTINUE THE DUTIES LEVIED ON COAL AND 
 WINE BY THE CORPORATION OF LONDON. 
 
 24 & 25 VICT. CAP. 42. 
 
 22ND JULY, 1861. 
 
 WHEREAS by an Act passed in the session holden in the fifth and 
 sixth years of the reign of King William and Queen Mary, chapter 
 ten, intituled " An Act for the relief of the Orphans (a) and other 
 Creditors of the City of London," it was enacted, amongst other 
 things, that towards raising a fund as therein mentioned a duty of 
 4s. per tun should be imposed upon all sorts of wines (6) whatsoever 
 which, from and after the 4th day of June, 1694, should be imported 
 into the port of the city of London, or the members thereof, by way 
 
 (a) See the Coal and Wine Duties Continuance Act, 1863, the Coal and 
 Wine Duties Continuance Act, 1868, the Kew and other Bridges Act, 1869, 
 and the Kew and other Bridges Act, 1869 (Amendment) Act, 1874, referred 
 to in note (c) to section 1, infra. By the shutting of the Exchequer in 
 the close of Charles the Second's reign, funds to the amount of 75,000, 
 consisting of orphans' moneys which had been invested by the court, were 
 wholly lost to the corporation, and the mode of paying off the orphan's 
 claims was settled by Act of parliament 5 & 6 Will. & M. c. 10, by which, 
 besides various other charges upon the city estates, an annual sum of 
 2,000 was directed to be raised from the present property of the inhabi- 
 tants, and collected in each ward, but the orphan's claims having since 
 been satisfied, the charges upon the corporate estates have been applied in 
 various public improvements; Pulling 's Laws of the City and Port of 
 London, 114. A portion of the duties which had formerly been a part of 
 the Orphan Fund, were continued by Act of parliament, and the fund was 
 from time to time charged with various amounts for the purpose of making 
 the approaches to London Bridge and effecting other public improvements. 
 See the course of legislation with regard to these duties described in the 
 Third Report from Select Committee on Metropolitan Local Taxation, with 
 minutes of evidence, ordered by the House of Commons to be printed, 2nd 
 May, 1861. 
 
 (b) See origin and history of the duties on wines in the port of London 
 Putting's Laws of the City and Port of London, p. 395, Notes.
 
 238 
 Preamble. 
 
 i & 2 w. 4, 
 
 c. 76. 
 
 1 & 2 Viet. 
 c. 101. 
 
 8 & 9 Viet, 
 c. 101. 
 
 14 & 15 Viet. 
 c. 146. 
 
 APPENDIX. COAL AND WINE DUTIES 
 
 of merchandise, over and above the then present duties charged or 
 chargeable thereupon, and so proportionately for a greater or lesser 
 quantity, which said duty should from time to time for ever be paid 
 by the importer thereof unto the mayor, commonalty, and citizens of 
 the city of London, hereinafter called " the Corporation of London :" 
 And whereas by the Acts hereinafter mentioned, and hereinafter 
 referred to as the Coal Duties Acts (that is to say) : 
 
 1. An Act passed in the session of Parliament holden in the first 
 
 and second years of the reign of His late Majesty King 
 William the Fourth, chapter seventy-six, intituled, " An Act 
 lor regulating the Vend and Delivery of Coals in the Cities of 
 London and Westminster, and in certain Parts of the Counties 
 of Middlesex, Surrey, Kent, Essex, Hertfordshire, Bucking- 
 hamshire, and Berkshire :" 
 
 2. An Act passed in the session of Parliament holden in the first 
 
 and second years of the reign of Her present Majesty, chapter 
 one hundred and one, intituled, "An Act to continue for 
 Seven Years an Act for Regulating the Vend and Delivery of 
 Coals in London and Westminster, and in certain Parts of the 
 adjacent Counties :" 
 
 3. An Act passed in the session of Parliament holden in the session 
 
 of the eighth and ninth years of the reign of Her said Majesty, 
 intituled, " An Act to continue until the fifth day of July, 
 1862, the Acts for regulating the Vend and Delivery of Coals 
 in London and Westminster, and in certain Parts of the 
 adjacent Counties ; and to alter and amend the said Acts :" 
 
 4. An Act passed in the session of Parliament holden in the four- 
 
 teenth and fifteenth years of the reign of Her said Majesty, 
 
 intituled, " An Act to amend the Acts relating to the Vend 
 
 and Delivery of Coals in London and Westminster, and in 
 
 certain Parts of the adjacent Counties ; and to allow a 
 
 drawback on Coals conveyed beyond certain Limits :" and 
 
 which Acts are hereinafter referred to as the Coal Duties Acts, 
 
 or some or one of such Acts, two several duties of Id. (a), and Is. (6) 
 
 per ton are authorized to be levied by the corporation of London 
 
 upon all coals, culm, and cinders brought to any place within the 
 
 port of London, or within the cities of London and Westminster, and 
 
 the borough of Southwark, or to any place within the distance of 
 
 twenty miles from the General Post Office in the city of London, by 
 
 any railway already constructed, or hereafter to be constructed, or by 
 
 inland navigation, or by any other means of conveyance : And 
 
 whereas it is apprehended that the duty of 8d., part of the said duty 
 
 (a) The Id. duty was imposed by 47 Geo. 3, c. 68, and it was continued 
 by succeeding Acts till 5th July, 1862. This duty was originally imposed 
 in order to establish a coal market, and 8 & 9 Viet. c. 101, continued it for 
 the purpose of providing a fund for the opening of poor and densely popu- 
 lated districts in the metropolis, or for keeping open spaces in the imme- 
 diate vicinity of the same, as a means of promoting the public convenience, 
 recreation, and health. 
 
 (6) This duty consists of an 8d. and a 4d. duty. The 8d. duty was by 
 various Acts of parliament especially appropriatecUolpublic improvements, and 
 a considerable proportion of the improvements effected in late vears have 
 been defrayed out of it. The 8d. duty was included in the London Bridge 
 Approaches Fund, and its net produce was paid over to Her Majesty's 
 Office of Works for the liquidation of loans raised on the credit of it. The 
 4d . duty has always been claimed by the corporation of London as a part of 
 the city's estate.
 
 CONTINUANCE ACT, 24 & 25 VICT. c. 42, s. 1. 239 
 
 of Is., will expire in the year 1861, and the said duty of Id. in the Preamble. 
 month of July, 1862, unless provision be made by parliament for the 
 continuance of such duties : And whereas it is expedient that the 
 said duties of 4s. on wines, and Is. Id. on coals, culm, and cinders 
 should be continued for a period of ten years : Be it enacted by the 
 Queen's most excellent Majesty, by and with the advice and consent 
 of the lords spiritual and temporal, and commons, in this present 
 parliament assembled, and by the authority of the same, as follows : 
 
 1. The above-mentioned duty of 4s. a tun on wines shall continue Continuation 
 and be levied in all respects in the same manner as the same is now ^ w ^ ne duties 
 leviable until the 5th day of July, 1872. ( c )- 
 
 (c) By 26 & 27 Viet, c. 46, the Coal and Wine Duties Continuance Act, 
 1863, section 1, all duties continued by this Act, and all Acts relating 
 thereto, were further continued until the 5th of July, 1882 ; and by section 
 2, the net proceeds of the duty of 4^., part of the duty of 12d., on coal, 
 culm, and cinders, continued by this Act, were directed to be applied by 
 the corporation of London in the first instance, in payment of the interest 
 and in discharge of so much of the principal of the sums mentioned in the 
 6th section of this Act, as remained unpaid. The Act further provided 
 that after discharging such sums and interest the said duty of 4d. should 
 be applied by the corporation in the first instance towards the raising of 
 Holborn Valley, and afterwards to such other public improvements in or 
 adjacent to the city of London, as parliament should thereafter sanction. 
 By 31 Vic. c. 17, the London Coal and Wine Duties Continuance Act, 1868, 
 all duties by the before-mentioned Acts continued till the 5th July, 1882, 
 and all Acts relating thereto, were further continued until the 5th July, 
 1889 ; and by section 2, the net proceeds of the duty of 4d,, part of the 
 duty of ~L2d. on coal, culm, and cinders continued by the Act, were to be 
 applied by the corporation of London, so far as the same were not already 
 appropriated by parliament, in the first instance in completing the Holborn 
 Valley Viaduct, new streets and improvements under the Holborn Valley 
 Improvement Act, 1864, and the Holborn Valley Improvement (Additional 
 Works) Act, 1867, and other improvements connected therewith, and after- 
 wards towards such public improvement or improvements in or adjacent to 
 the city of London as parliament might thereafter sanction. By section 5 the 
 several coal and wine duties by this Act continued for the year ending the 
 5th day of July, 1889, were to be applied in the first instance in freeing 
 from toll the following bridges on the Thames, viz., Kew, Kingston-on- 
 Thames, Hampton Court, Walton-on-Thames, and Staines ,- and next in 
 making free from toll Chingford Bridge and Tottenham Mills, bridges on 
 the Lea, and any surplus was directed to be applied as parliament might 
 thereafter direct. The 32 & 33 Viet. c. 19, the Kew and other Bridges Act, 
 1869, constituted and incorporated a joint committee of the corporation of 
 London and the metropolitan board, by the name of " the Bridges Joint 
 Committee of the Corporation of London and Metropolitan Board of 
 Works." It enacted that the London coal and wine duties for the year 
 ending 5th July, 1889, should be paid to the joint committee, and directed 
 their application and empowered the joint committee, and the companies, &c., 
 entitled to or interested in the bridges mentioned in the Coal and Wine 
 Duties Continuance Act, 1868, to enter into agreements for a transfer, &c., 
 of the undertakings to the board, with certain exceptions and savings. 
 
 The joint committee were authorized to raise moneys not exceeding the 
 amount therein limited, on the security or on account of the London coal 
 and wine duties for the year ending 5th July, 1889, and to issue joint or 
 several bonds or other joint or several securities under seal, for securing 
 repayment with interest out of the said duties in the last-mentioned year 
 to be applied for the purposes of the Act. The 37 & 38 Viet. c. 21, the 
 Kew and other Bridges, 1869, (Amendment) Act, 1874, empowered the
 
 240 
 
 APPENDIX. COAL AND WINE DUTIES 
 
 Section 2. 2. All duties authorized by the Coal Duties Acts, or any of them, 
 
 Continuance of to -^ e } ev ^ e ^ u P on coa ^' c *dm> an( l cinders, shall continue and be 
 
 coal duti (a) ^ ev ^ e< l * n the same manner in which the same are now leviable until 
 
 * '' the 5th day of July, 1872, subject to the following qualification : 
 
 That, notwithstanding anything contained in the said Acts, no duties 
 
 shall be payable in respect of any coal, culm, or cinders, unless the 
 
 same is contained in some ship or vessel arriving at her moorings 
 
 within some part of the port of London (6) to the westward of 
 
 Gravesend, within the limits of the metropolitan police district as 
 
 defined by Act of Parliament (c), or be brought by railway, or by 
 
 inland navigation, or by some other mode of conveyance within the 
 
 said limits of the metropolitan police district, including the cities of 
 
 London and Westminster. 
 
 Metropolitan 3. After the passing of this Act the expression " London dis- 
 police district trict," (d) used in the said recited Act of the fourteenth and fifteenth 
 substituted for Victoria, chapter one hundred and forty-six, shall no longer have the 
 meaning assigned to it by that Act, but shall mean so much of the 
 several counties of Middlesex, Surrey, Kent, Herts, Essex, Bucks, and 
 Berks, as shall be situate within the metropolitan police district, and 
 shall include the cities of London and Westminster. 
 
 the London 
 district. 
 
 Commence- 
 ment of metro- 
 politan police 
 district to be 
 marked in 
 canals, rail- 
 ways, and 
 roads. 
 
 4. All the directions, powers, and provisions in the said recited 
 Act of the fourteenth and fifteenth Victoria, chapter one hundred and 
 forty-six, with respect to returns, certificates, and accounts, and to 
 the erection of boxes, and stations, and boundary stones, or per- 
 manent marks on the point of any canal, inland navigation, or rail- 
 way, or any turnpike or public road which shall be distant twenty 
 miles from the General Post Office, and all other matters and things 
 relating thereto, shall apply to returns, certificates, and accounts, and 
 to the erection of boxes, and stations, and boundary stones, or per- 
 manent marks on the point where any canal, inland navigation, or 
 railway, or any turnpike or public road, first enters or comes within 
 the metropolitan police district. 
 
 Application of *. The duty of Id. per ton on coals, culm, and cinders shall from 
 duties (e). and after the passing of this Act, and the said duty of 4s. per tun on 
 
 to lend, on tbe security of the said duties for the year ending the 
 5th July, 1889, sums not exceeding the amount specified, and for that pur- 
 pose authorized the board to create consolidated stock under the Metro- 
 politan Board of Works (Loans) Act, 1869. 
 
 (a) See note to previous section. 
 
 (J) The port of London extends from Staines, in the county of Middle- 
 sex, to Yantlete Creek, in the county of Kent. 
 
 (c) See definition of these limits in 10 Geo. 4, c. 44, s. 4, and Schedule 
 to the Act, and 2 & 3 Vic. c. 47, s. 2. 
 
 (d) The London district was by 14 & 15 Viet. c. 146, s. 50, defined to 
 mean so much of the counties of Middlesex, Surrey, Kent, Essex, Herts, 
 Bucks, and Berks, as should be situate within the distance of twenty miles 
 in a direct line from the General Post Office, and to include the cities of 
 London and Westminster. 
 
 (e) The 30th section of the Metropolitan Board of Works (Loans) Act, 
 1869, enacted that in the event therein mentioned the Thames embank- 
 ment or Metropolis Improvement Fund Account should be transferred from 
 the Treasury into the name of the metropolitan board, and the duties pay- 
 able to that account under the London Coal and Wine Duties Continuance 
 Act, 1861, and the Acts continuing the same, should continue to be paid 
 to such account and provided for the application thereof; see the Act, post .
 
 CONTINUANCE ACT, 24 & 25 VICT. c. 42, ss. 5 7. 241 
 
 wines, and the duty of 8d., part of the said duty of Is., on coals, Section 5 
 
 culm, and cinders, shall, from and after such time as all charges on 
 
 the London Bridge Approaches Fund may be satisfied (/), be paid 
 
 to an account to be opened in the name of the lords commissioners 
 
 of Her Majesty's treasury at the Bank of England, to be intituled 
 
 " The Thames Embankment and Metropolis Improvement Fund," 
 
 and such fund shall be applied to the improvement of the metropolis 
 
 in such manner as may hereafter be determined by parliament. 
 
 6. That the net proceeds of the duty of 4d., part of the said duty Application of 
 
 of Is. on coal, culm, and cinders, shall, from the date of the passing the duty of4d. 
 
 of this Act, and during the continuance thereof, be applied by the to the payment 
 
 mayor, commonalty, and citizens of the city of London, in the first ^ ^e interest 
 
 instance, in payment of the interest and in discharge of the principal an ^ principal 
 
 or, commonalty, and . su ! 
 
 of the following sums raised by the said mayor, , . 
 
 citizens of the city of London, and charged by them upon the said cftar S a *J 
 
 duty ; viz., the sums 300,000, .200,000, and 40,000, raised for pf n n f s U 
 
 making and improving Cannon Street, in the city of London, and P 
 
 for effecting other improvements in the said city as authorized by the 
 
 Acts of parliament of the tenth and eleventh "Victoria, chapter two 
 
 hundred and eighty, thirteenth and fourteenth Victoria, chapter fifty- 
 
 six, and the fifteenth and sixteenth Victoria, chapter seventy-two, 
 
 and that an account of the receipt and application of the said duty be 
 
 kept separate and distinct from the accounts of the said mayor, com- 
 
 monalty, and citizens, and that an abstract of the said account be 
 
 annually laid by the chamberlain of the said city before both houses 
 
 of parliament, and that after discharging the said sums and interest, 
 
 the said duty of 4d. shall be applied by the said corporation of 
 
 London towards or in aid of such a public improvement or improve- 
 
 ments in or adjacent to the city of London as parliament shall here- 
 
 after sanction. 
 
 7. There shall be allowed with respect to coals brought within Drawback 
 the port of London, or within the metropolitan police district, and U p n coals to 
 afterwards conveyed to any place beyond the port of London or the continue to be 
 metropolitan police district, a drawback of the same amount and allowed. 
 upon the same conditions as is allowed by the said recited Act of 
 the fourteenth and fifteenth years of the reign of Her present 
 Majesty, chapter one hundred and forty-six, and the coal duties, 
 London, &c., Drawback Act, 1857, or one of such Acts, in respect of 
 the coals therein mentioned, and the lord mayor, aldermen, and 
 commons of the city of London in common council assembled shall 
 have power, with the consent of the board of trade, to alter, vary, or 
 dispense with any of the forms in relation to the drawback upon 
 coals contained in the said recited Act of the fourteenth and fifteenth 
 years of the reign of Her present Majesty, chapter one hundred and 
 forty-six. 
 
 (/) The 13 & 14 Viet. c. 103, an Act to authorize further charges on the 
 London Bridge Approaches Fund for the completion of certain improve- 
 ments in the metropolis, enacted, that, after payment of all principal 
 moneys, &c., charged on the London Bridge Approaches Fund, the residue 
 or surplus should, during the continuance thereof, be applied to the open- 
 ing an improved line of communication between Coventry Street and 
 Co vent Garden, according to a plan to be thereafter approved by parlia- 
 ment. And by 20 & 21 Viet. sess. 2, 1857, it is provided that the improve- 
 ment authorized by that Act, and called the Covent Garden Approach, shall 
 be deemed the improved line of communication referred to in the said Act 
 of 13 & 14 Viet. c. 103.
 
 242 APPENDIX. COAL AND WINE DUTIES 
 
 Section 8. 8. The moneys from time to time paid to the account created by 
 
 " this Act shall, when received, be laid out and invested in the 
 
 Iraty to be purchase of stock in some of the public stocks or funds, or tipon 
 
 government or real securities, at interest, in the name of the said 
 
 r ul t' commissioners, and the said commissioners shall from time to time 
 
 fund for ' ^ a y ou *' or " ives * ; the yearly dividends or interest of the stocks, funds, 
 
 improvements anc ^ securities so to be purchased in their names on the account 
 
 till appro- aforesaid, in like manner, for the purpose of accumulation in the- 
 
 priated by meantime, until the said fund is appropriated by parliament to the 
 
 parliament (a), execution of improvements in the metropolis. 
 
 Consolidation 
 
 of improve- 9. All moneys, stocks, funds, and securities standing to the account 
 
 inent funds. of the Metropolis Improvement Fund Account created by the Act of 
 the session of the eighth and ninth years of the reign of Her present 
 Majesty Queen Victoria, chapter one hundred and one, shall, from 
 and after the passing of this Act, and all moneys, stocks, funds, and 
 securities standing to the account of the London Bridge Approaches- 
 Fund shall, from and after such time as all charges on the said 
 funds may be satisfied, be carried to and form part of the Thames 
 Embankment and Metropolis Improvement Fund created by this- 
 Act (6), and the said London Bridge Approaches Fund shall thereupon 
 cease and determine. 
 
 Continuance 10. Subject to the provisions of this Act, the said Act of the session 
 
 of above- of the fifth and sixth years of the reign of King William and Queen 
 
 mentioned Mary, chapter ten, so far as relates to the levying of the said Wine 
 
 (a) The Metropolitan Board of Works (Loans) Act, 1869, s. 29, directs 
 in what manner the treasury are to apply the Improvement Fund until 5th 
 July, 1888, and section 30 provides for the eventual transfer of the fund 
 from the treasury to the board. 
 
 (5) By the 3rd section of the Act for embanking the north side of the 
 river Thames, 25 & 26 Viet. c. 93, Thames Embankment Act, 1862, the 
 expression " Thames Embankment and Metropolis Improvement Fund " as 
 used in the Act, was interpreted to mean and include the stocks, funds, and 
 securities by this (the Coal and Wine Duties Continuance Act, 1861) made 
 applicable to improvements in the metropolis, and the duties, income, and 
 moneys by the same Act made applicable to the formation of such fund ; 
 and the 45th section directed in what manner the fund' should be appro- 
 priated. Subsequent Acts contained provisions for charging this fund with 
 the expenses of other undertakings authorized by those Acts, and for 
 better enabling the board to obtain loans on the security of the fund. 
 
 The works originally authorized by the Thames Embankment Act, 1862, 
 comprised a solid embankment chiefly upon the bed or shore, and upon the 
 northern bank of the Thames between Westminster Bridge and the cast 
 side of the Temple Gardens, and a viaduct from the last-named point to 
 Blackfriars Bridge, with a roadway upon the embankment and viaduct 
 throughout the entire length, such roadway to be 100 feet in width from 
 the clock tower of the Houses of Parliament to the cast end of the Temple 
 Gardens, and 70 feet in width through the remaining part of its length ; 
 the reclaiming and inclosing all or so much of the bed or foreshore of 
 the river Thames, as lay between the then left bank of the river and 
 the intended embankment ; and the making the approach road and certain 
 new streets more particularly described in the 8th section. It empowered 
 the board to borrow, with the consent of the treasury, on the security of 
 the lands and funds acquired under and appropriated to the purposes of the 
 Act, sums not exceeding one million pounds! 
 
 The provisions of this Act in relation to the works to be executed, the 
 junction of new streets, the borrowing of money, and other matters, were
 
 CONTINUANCE ACT, 24 & 25 VICT. c. 42, s. 10. 243 
 
 Duties and the said Coal Duties Acts, and all matters therein con- Section 10. 
 
 Acts, except 
 
 materially varied by subsequent statutes, and powers were conferred upon ^ a re "' 
 the board for embanking other portions of the river. 
 
 The 31 & 32 Viet. c. Ill, Thames Embankment (North and South) Act, 
 1868, enacted that the board should abandon certain parts of the new street 
 described in the 8th section of the Act of 1862, and, amongst other provi- 
 sions, it repealed the 26th, 55th, 61st and 82nd sections of the same Act. 
 The 33 & 34 Viet. c. 92, Thames Embankment (North) Act, 1870, enacted 
 that the board should abandon the proposed new street from the Thames 
 Embankment below Charing Cross Railway Bridge to Wellington Street, 
 Strand, which was authorized by the last cited Act, and repealed the sections 
 of that Act mentioned in the schedule. 
 
 The 36 & 37 Viet. c. 100, the Charing Cross and Victoria Embankment 
 (Approach) Act, 1873, enabled the board to construct a new street com- 
 mencing at Charing Crosss and terminating at the Victoria Embankment 
 near the Charing Cross Station of the Metropolitan District Railway, and 
 enacted that the Duke of Northumberland and Earl Percy should sell, and 
 the board purchase and take for the purposes of the Act, the lands and pro- 
 perty comprised in the agreements set forth in the schedules, with the 
 requisite powers for carrying into effect the objects of the Act. The board 
 were authorized to apply for the purposes of the Act, any money raised or 
 authorized to be raised by them under any other Act and not required for 
 the purposes of that Act. 
 
 The 36th and 37th Viet. c. 40, the Thames Embankment (Land) Act, 
 1873, after reciting, amongst other things, that certain heads of arrange- 
 ment respecting the conveyance by the commissioners of woods and forests 
 to the metropolitan board of works, of certain lands adjacent to the gardens 
 of Fife House, Whitehall, as set forth in the schedule, were proper to be 
 recommended for the consideration of parliament, confirmed and declared 
 valid such beads of arrangement, and by section 4, enacted that all lands 
 acquired by the board in pursuance of the Act should be appropriated for 
 the purposes of a public garden and be maintained by them as such. 
 
 The 35 & 36 Viet. c. 66, the Thames Embankment (North) Act, 1872, 
 placed the roadway on the Victoria Embankment under the management 
 and control of the board, with the sole power and duty, except as therein 
 expressed, of paving, macadamizing, &c., the same, and with a power to 
 make bye-laws. 
 
 The 26 & 27 Viet. c. 45, the Metropolis Improvement Act, 1863, em- 
 powered the board to make a new street from Blackfriars to the Mansion 
 House in connection with the embankment on the north side of the 
 Thames. 
 
 By the 26 & 27 Viet. c. 75, the Thames Embankment (South) Act, 1863, 
 the board were empowered to make and execute in the parish of Saint 
 Mary, Lambeth, the embankment and works, the new street, and other 
 improvements described, and were required to lay out and maintain a 
 public footway of not less than 20 feet in width between certain points 
 specified in the Act. They were authorized to borrow, subject to the pro- 
 visions and on the security on which they were authorized to borrow by 
 the Embankment Act of 1862, to the extent of four hundred and eighty 
 thousand pounds. And 27 & 28 Viet. c. 135, the Thames Embankment 
 Amendment Act, 1864, authorized the board for the purposes of the last- 
 named Act to purchase additional lands and make further improvements in 
 the same parish. 
 
 The 36 Viet. c. 7, Thames Embankment (South) Act, 1873, placed the 
 wall and footway adjoining the Albert Embankment under the management 
 and control of the metropolitan board, with the power and obligation to 
 repair and maintain the same, and with power to make bye-laws. 
 
 The 27 & 28 Viet. c. 61, Thames Embankment and Metropolis Improve- 
 ment (Loans) Act, 1864, authorized the commissioners of the treasury to 
 guarantee the payment of the principal and interest of money raised under 
 R2
 
 244 APPENDIX. COAL AND WINE DUTIES CONTINUANCE ACT. 
 
 Section 10. tained, shall be continued until the fifth day of July, 1872 (a) ; and 
 all t he provisions contained in the said Act of the session of the first 
 and second years of King William the Fourth, chapter seventy-six, 
 to take effect at the end of seven years, therein mentioned, shall take 
 effect as if the 5th day of July, 1872, had been inserted in the said 
 last-mentioned Act instead of the said term of seven years. 
 
 Short title. 11. This Act may be cited for all purposes as " The London Coal 
 
 and Wine Duties Continuance Act, 1861." 
 
 the Acts mentioned in the schedule, and if necessary, to make issues out of 
 the consolidated fund with provisions relative to the advance of money to 
 the board by the commissioners for the reduction of the national debt. 
 This Act was repealed by the Metropolitan Board of Works (Loans) Act, 
 1869. See schedule 3 to that Act. 
 
 The 31 & 32 Viet. c. 43, Thames Embankment and Metropolis Improve- 
 ment (Loans) Act, 1868, empowered the board to borrow for the purposes 
 of the Embankment and Improvement Acts, further sums in addition to 
 those authorized by the Acts specified in the schedule to the Act of 1864, 
 not exceeding one million eight hundred and fifty thousand pounds. 
 
 The 31 & 32 Viet. c. 135, the Thames Embankment (Chelsea) Act, 1868, 
 authorized the board to embank the river Thames between Chelsea Hospital 
 and Battersea Bridge, and make a roadway and execute other works con- 
 nected therewith, with power to carry out auxiliary and connecting works. 
 They were empowered to borrow, subject to the provisions in and on the 
 security on which they were authorized to borrow money by the Thames 
 Embankment Act, 1862, but subject to the charges so created or authorized 
 by the Act and the other Acts specified in the 29th section, to the extent of 
 two hundred an(? eighty-five thousand pounds in addition to any other 
 money which, independently of this Act, they were authorized to borrow. 
 
 (a) See note to section 1, supra.
 
 AN ACT 
 
 FOR MAKING FURTHER PROVISION RESPECTING THE 
 BORROWING OF MONEY BY THE METROPOLITAN 
 BOARD OF WORKS, AND FOR OTHER PURPOSES 
 CONNECTED THEREWITH (a). 
 
 32 & 33 VICT. CAP. 102. 
 
 9TH AUGUTS, 1869. 
 
 WHEREAS under the Acts mentioned in the first schedule to this Act 
 the metropolitan board of works has incurred debts now amounting 
 in the whole to nearly eight million pounds : 
 
 And whereas it is necessary for the board to borrow such further 
 sums for the purposes of the said Acts as, together with the sum 
 already borrowed, will not exceed in the whole the amount of ten 
 million pounds sterling, and it is expedient to authorize the board to 
 raise the whole or any part of the said sum of ten million pounds by 
 loans in manner hereinafter provided, without the guarantee of the 
 commissioners of her Majesty's treasury, and for that purpose to 
 create consolidated stock or annuities charged indifferently on all the 
 securities mentioned in the said Acts, and to establish one fund out 
 of moneys arising from those securities, for the purpose of paying 
 the dividends on and redeeming such stock and annuities : 
 
 (a) This Act authorizes the board to raise such further sums as with the 
 sum already borrowed will not exceed ten million pounds sterling, and 
 enacts, amongst other things, that after its passing the board shall not 
 raise, except in the case specified, any money under any powers of borrow- 
 ing otherwise than in conformity with the Act. It also empowers the 
 board, for the purposes and in manner mentioned, to create capital stock to 
 be called metropolitan consolidated stock, to be charged indifferently on the 
 whole of the lands, rents, and property belonging to the board under the 
 Acts referred to, and on all money to be raised by rates, and on the im- 
 provement fund, subject to existing charges. It provides for certificates, 
 transfers, and other matters relating to consolidated stock, and empowers 
 the public works loan commissioners and the commissioners for the reduc- 
 tion of the national debt, with the approval of the treasury, to make ad- 
 vances to the board on the security of such stock. The Act also authorizes 
 the board, in lieu of consolidated stock, to create for the like purpose 
 terminable annuities. For the purpose of paying dividends on and redeeming 
 consolidated stock and other purposes, the board are required to raise a rate 
 to be called the metropolitan consolidated rate, in lieu of all other rates or 
 assessments authorized to be assessed by them generally over the metro- 
 polis, to be assessed and raised in manner provided by the Metropolis 
 Management Act, 1855, and the amending Acts, with respect to raising the
 
 246 
 Section 1. 
 
 Short title. 
 
 Definition of 
 terms. 
 
 Exercise by 
 board of 
 borrowing 
 powers. 
 
 APPENDIX. METROPOLITAN BOARD 
 
 And whereas it is expedient otherwise to amend the Acts relating 
 to the metropolitan board of works : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by 
 and with the advice and consent of the Lords spiritual and tem- 
 poral, and Commons, in this present parliament assembled, and by 
 the authority of the same, as follows : 
 
 1. This Act may be cited as the Metropolitan Board of Works 
 (Loans) Act, 1869. 
 
 2. In this Act, 
 
 The term " board " means the Metropolitan Board of Works : 
 
 The term "Treasury" means the commissioners of her Majesty's 
 Treasury : 
 
 The term " improvement fund " means the Thames embankment 
 and metropolis improvement fund constituted under the London 
 Coal and Wine Duties Continuance Act, 1861, and the Acts amend- 
 ing and continuing the same. 
 
 Each of the several series of Acts specified in the different parts 
 of the first schedule to this Act is in this Act referred to by the col- 
 lective name given to such series in such separate part. 
 
 3. After the passing of this Act the board shall not (except for 
 such temporary period not exceeding six months as the Treasury 
 may from time to time sanction) raise, otherwise than in conformity 
 with this Act and with the sanction of the treasury, any money under 
 
 sums therein referred to, with special provisions relative to precepts, 
 estimates, and orders by vestries and district boards on overseers. It fur- 
 ther establishes a consolidated loans fund for paying dividends on and re- 
 deeming consolidated stock, and specifies the moneys to be carried to such 
 fund and their application. It contains provisions for the application of 
 moneys becoming part of the improvement fund until the 5th July, 1888, 
 and for a transfer, in the event named, of the improvement fund from the 
 treasury to the board ; and amongst other provisions, it gives the board 
 additional borrowing powers for the purposes specified, and enables them 
 to lend money to the managers of the metropolitan asylums district. The 
 Act also requires the board to prepare a return to be laid before parliament, 
 showing up to 25th March preceding the amount of consolidated stock and 
 other particulars. The first schedule enumerates and classifies the Acts 
 authorizing loans by the board ; the second contains forms of transfer, and 
 the third specifies the enactments repealed, with the date and title of the 
 Acts, and defines the extent of the repeal. This Act was amended by the 
 Metropolitan Board of Works (Loans) Act, 1870, the Metropolitan Board 
 of Works (Loans) Act, 1871, the Metropolitan Board of Works (Loans) 
 Act, 1875, which regulates the raising of money by the board for their ex- 
 penditure for general improvements, and contributions for fire brigade 
 purposes, and loans to vestries, district boards, and other bodies ; and 
 contains provisions limiting the amount to be expended by the board for 
 the several purposes named, up to 31st December, 1876, and limits the 
 amounts to be advanced to vestries, district boards, and other bodies, up to 
 the same date, with provisions relating to returns and other matters. Acts 
 have since been passed annually, regulating the raising of money by the 
 board. The last of these Acts is the Metropolitan Board of Works (Money) 
 Act, 1878, which is to be read as one with the Metropolitan Board of Works 
 (Loans) Acts, 1869 to 1871, and the Metropolitan Board of Works (Moneys 
 Acts, 1875 to 1876. The chief provisions in this series of Acts bearing on 
 the principal Act, are referred to in the notes to its various sections.
 
 (LOANS) ACT, 32 & 33 VICT. c. 102, ss. 3 7. 247 
 
 any powers of borrowing, whether conferred by the Acts mentioned Section 3. 
 in the first schedule to this Act, or otherwise howsoever. 
 
 4. The board, for the purpose of raising such portion of the loans Creation by 
 authorized by the Acts mentioned in the first schedule to this Act for board of con- 
 the purposes of those Acts as the treasury may from time to time solidated 
 sanction, may create capital stock, to be called the metropolitan con- stock ()' 
 solidated stock, in this Act referred to as consolidated stock, and to be 
 
 issued in such amounts and manner, at such price and times, on such 
 terms, subject to such conditions, with such dividends, and redeem- 
 able (at the option of the board) at par at such times and on such 
 conditions as the treasury, before the creation thereof, may from 
 time to time approve. 
 
 5. No holder of any portion of consolidated stock shall have any Security for 
 priority or preference by reason of the prior creation of such stock stock. 
 
 or otherwise, and all consolidated stock created for the purposes of the 
 Acts mentioned in the first schedule to this Act, or of any Act here- 
 after to be passed, and the dividends thereon, and the sums required 
 for the redemption thereon, shall be charged indifferently on the 
 whole of the lands, rents, and property belonging to the board, under 
 the Acts mentioned in the first schedule to this Act, and on all 
 moneys which can be raised by the board by rates under this Act, 
 and on the improvement fund, subject to all charges existing at the 
 passing of this Act on such lands, rent, property, moneys, and funds 
 respectively, and shall be a first charge thereon after those charges ; 
 and all moneys required for payment of the dividends on such stock, 
 and the sums required to be raised for the redemption of such stock 
 as mentioned in this Act, shall be raised out of the improvement 
 fund and metropolitan consolidated rate as in this Act mentioned. 
 
 6. Where any stock has been created under this Act in order to Application of 
 raise any portion of a loan authorized by any of the Acts mentioned money raised, 
 in the first schedule to this Act for the purposes of any of those Acts. 
 
 such stock is referred to in this Act as created for the purposes of 
 .such Act, and the money raised thereby shall be deemed to have 
 been borrowed under and for the purposes of such Act, and shall 
 {subject to the provisions of this Act) be applied accordingly. 
 
 7. All consolidated stock shall be personal estate, and shall not stock, &c., to 
 descend to the heir or be liable to any foreign attachment by the be personal 
 custom of London or otherwise. estate (6). 
 
 (a) See section 46, infra, as to the creation of terminable annuities. 
 See note to section 36, post, authorizing the board to issue metropolitan 
 bills. By the Metropolitan Board of Works (Loans) Act, 1875, section 12, 
 where the board are desirous of obtaining a further Act for raising money, 
 they are to cause the bill to be submitted to parliament, to be accompanied 
 with tables giving such information as the treasury require, for enabling a 
 comparison to be made between the rateable value of the metropolis and 
 the liabilities of the board. By section 13, they are to deliver to the 
 treasury returns shewing, with respect to every parish, &c., in respect 
 of which a loan is obtained from the board, the rateable value of the 
 property therein and its indebtedness; and it authorizes the board to 
 require notices from bodies applying for loans, respecting their financial 
 condition. The Metropolitan Board of Works (Loans) Act, 1871, sec- 
 tion 3, enacts that section 3 of the Married Women's Property Act, 1878, 
 shall, as regards the governor and company of the Bank of England, apply 
 to and extend to consolidated stock. 
 
 (6) A gift of metropolitan consolidated stock was held to be void under
 
 218 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 Section 8. 8. The public works loan commissioners may advance money to 
 the board on the security of consolidated stock, and without re- 
 quiring any further or other security, the said advances to be repaid 
 by such instalments and within such period as may in each case be 
 agreed upon with the approval of the treasury. 
 
 9. The commissioners for the reduction of the national debt, if 
 they think fit, with the approval of the treasury, may from time to 
 time, out of any moneys coming into their hands under any Act 
 relating to savings banks or to post-office savings banks, make ad- 
 vances to the board on the security of consolidated stock without any 
 further or other security, and may invest the said moneys in such 
 stock. 
 
 10. The board shall cause to be kept at their office, or at some 
 bank to be approved by the treasury, books in which the names and 
 addresses of the several persons and bodies corporate from time to 
 time entitled to consolidated stock, and the amounts to which they 
 are respectively entitled, and all transfers thereof, shall be duly 
 entered. 
 
 11. Consolidated stock shall be transferred only as follows : 
 
 (1.) The transfer shall be made in the said books, and shall be 
 signed in such books by the transferee (a) or by his attor- 
 ney duly authorized in that behalf, which authority shall 
 be given by writing under his hand and seal attested by 
 two or more witnesses : 
 
 (2.) The transfer may be in the form contained in the second 
 schedule to this Act, which shall be effectual in law to 
 pass to the transferee all the interest of the transferor in 
 the stock expressed to be transferred and the dividends 
 thereon : 
 
 (3.) The acceptance of the transfer may be signified by the 
 transferee or his attorney authorized in manner afore- 
 said in that behalf, subscribing such acceptance in the said 
 
 Advance of 
 money by 
 public works 
 loan commis- 
 sioners. 
 Investment 
 and advance 
 by commis- 
 sioners for the 
 reduction of 
 the national 
 debt. 
 
 Books to be 
 kept for con- 
 solidated 
 stock. 
 
 Transfer of 
 stock. 
 
 (4.) A person becoming entitled to any stock in consequence of 
 the death, bankruptcy, or marriage of the owner, or by any 
 lawful means other than by transfer under this Act, shall 
 produce such evidence of his title as may be reasonably re- 
 quired by the board, or by the persons or body corporate 
 who keep the said books. 
 
 No notice of any trust, express, implied, or constructive, shall be 
 entered in the said books or receivable by the board, or by any per- 
 sons or body corporate who keep such books. 
 
 rn f 12- The board, persons, or body corporate who keep the said books 
 
 tr rfb k ^ or transfers may, for such period not exceeding fourteen days as 
 
 (6) ' ' 
 
 the Mortmain Act, as a gift of impure personalty ; Chiff v. Cluff, L. R, 
 2 Ch. Div. 222. See as to a gift of railway stock for charitable purposes 
 Attree v. Hawe, L. K. W. N. 1877, p. 227. 
 
 (a) The Metropolitan Board of Works (Loans) Act, 1870, section 7, 
 enacts that this section shall have effect as if " transferor " were substi- 
 tuted for " transferee." 
 
 (6) The 12th section of the Metropolitan Board of Works (Loans) Act, 
 1871, substitutes for this section a provision that these books may be
 
 
 (LOANS) ACT, 32 & 33 VICT. c. 102, ss. 1216. 249 
 
 they may from time to time fix previous to each payment of dividend, Section 12. 
 close the books, and shall give seven days notice of the day on which 
 such books will be closed by advertisement in some daily morning 
 newspaper circulating generally in the metropolis. 
 
 13. The books so kept under the provisions of this Act shall be Books to be 
 evidence of all matters therein entered under the provisions of this evidence. 
 Act, and of the title of persons or bodies corporate entered therein as 
 
 owners of any consolidated stock who are mentioned therein as such 
 owners. 
 
 14. The board, persons, or body corporate who keep the said books Certificates of 
 may, if the board think fit, issue to the holder of any consolidated stock. 
 
 stock a certificate under the hand of some officer of the board or 
 body corporate or of such persons, which certificate shall specify the 
 amount of stock to which such holder is entitled, and such certifi- 
 cate shall be evidence of the title of the holder at the date of the 
 certificate to the amount of stock stated therein, but the want of 
 such certificate shall not prevent the owner of any consolidated stock 
 from transferring the same. 
 
 15. If any such certificate be worn out or damaged, then the same Certificate to 
 may, upon the production thereof, be cancelled, and another similar be renewed 
 certificate may be given to the holder of the stock therein specified, when de- 
 
 or if such certificate be lost or destroyed, then, upon proof thereof stroyed. 
 to the satisfaction of the board, persons, or body corporate who keep 
 the said books, a similar certificate shall be given to the holder of 
 the stock specified in the certificate so lost or destroyed, and in 
 either case a due entry of the substituted certificate shall be made in 
 the said books, and for every such certificate given in pursuance of 
 this section a fee not exceeding two shillings, to be carried to the 
 account of the board, may be demanded. 
 
 16. The Stock Certificate Act, 1863 (which relates to the issue to Provisions of 
 holders of stock in the public funds of certificates to bearer trans- 26 & 27 Viet, 
 ferable by delivery), shall extend to consolidated stock in the same c. 28, as to 
 manner as if such Act were herein enacted, with the following certificates to 
 modifications ; namely, bearer, to 
 
 (1.) The term the bank" shall be construed to mean the board, 
 persons, or body corporate who keep the books for the 
 transfer of consolidated stock : 
 
 (2.) The terms " public stocks" and " stock" shall be construed to 
 mean consolidated stock : 
 
 (3.) The term " the books of the bank" shall be construed to mean 
 the books kept for the transfer of consolidated stock in pur- 
 suance of this Act : 
 
 (4.) All fees shall be paid to the account of the board : 
 
 closed on any day in the month next preceding that in which the dividends 
 are payable, but so that they be not at any time closed for more than 
 fifteen days, and the persons who on the day of such closing are inscribed 
 as holders of consolidated stock, shall as between them and the transferees 
 be entitled to the dividends thereon becoming payable after that day. 
 
 (c) The Stock Certificate Act, 1863, enacts that a stock certificate, un- 
 less a name is inscribed therein as provided in the Act, shall entitle the 
 bearer to the stock therein described, and shall be transferable by 
 delivery.
 
 250 
 
 Section 16. 
 
 Arrange- 
 ment with 
 bank. 
 
 Stamp duty 
 on transfers 
 (a). 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 (5.) There shall be charged on every stock certificate a stamp duty 
 of an amount equal to three times the amount of the stamp 
 duty which would be chargeable on a transfer of the stock 
 specified in the certificate : 
 
 (6.) The provision respecting a stock certificate, in respect of which 
 no coupons have been presented for payment of a period of 
 ten years, shall not extend to consolidated stock. 
 
 17. The board may enter into such arrangement with any bank for 
 carrying into effect the provisions of this Act with reference to the 
 creation and transfer of consolidated stock, and the management 
 thereof, and the keeping of the said books, and for the proper remune- 
 ration of the bank with reference thereto, as may be approved by the 
 Treasury. 
 
 18. There shall be paid in respect of every transfer of consolidated 
 stock under this Act a stamp duty of two shillings and sixpence 
 for every full sum of one hundred pounds, and also for any frac- 
 tional part of one hundred pounds, of the nominal amount of the 
 stock transferred. 
 
 Forgery, &c., 19. For the purposes of the Act of the session of the twenty-fourth 
 
 of transfers and twenty-fifth years of Her Majesty's reign, chapter ninety-eight, 
 
 of stock^&c. to consolidate and amend the Statute Law of England and Ireland 
 
 relating to indictable offences by forgery," all consolidated stock shall 
 
 be deemed to be capital stock of a body corporate within the meaning 
 
 of that Act. 
 
 Making false 20. Any person who with intent to defraud makes any false entry 
 entries^in in or alters any word or figure in any of the said books for transfers, 
 
 books. ^ or in any manner falsifies any of the said books, or makes any 
 
 transfer of any consolidated stock, in the name of any person who is 
 not the true owner thereof, shall be guilty of felony, and on convic- 
 tion shall be liable to penal servitude for any term not exceeding 
 fourteen years, or to be imprisoned for any term not exceeding two 
 years, with or without hard labour. 
 
 Making 21. Any person who, being a clerk, officer, or servant of or 
 
 out false employed by the board, or the persons or body corporate who keep 
 
 dividend the books for transfer of consolidated stock, does with intent to 
 
 warrants. defraud make out or deliver any stock certificate, dividend warrant, 
 
 or document for the payment of money in relation to any consolidated 
 
 stock for a greater or less amount than the person on whose behalf 
 
 such certificate, warrant, or document is made out is entitled to, 
 
 shall be guilty of felony and shall be liable on conviction to be kept 
 
 in penal servitude for any term not exceeding seven years, or to be 
 
 imprisoned for any term not exceeding two years, with or without 
 
 hard labour. 
 
 (a) The 2nd and 3rd sections of the Metropolitan Board of Works (Loans) 
 Act, 1870, provide for payment by the board, of composition for stamp duty 
 chargeable on transfers, of existing and future stock. The Metropolitan 
 Board of Works (Loans) Act, 1875, authorizes the board to create consoli- 
 dated stock for composition for stamp duty and other charges, and section 
 8 empowers the board to expend for composition for stamp duty and other 
 expenses, such amount as they may require and the treasury approve, and 
 may raise the same by creating consolidated stock.
 
 (LOANS) ACT, 32 & 33 VICT. c. 102, s. 22. 251 
 
 22. The board, for the purpose of paying the dividends on and Section 22. 
 redeeming the consolidated stock, and also of defraying the expenses p - 
 authorized to be incurred and incurred by them in the obtaining or ower to 
 the execution of the Acts mentioned in the first schedule to this 
 Act or any of them (c), and of defraying the sums required for the rate 
 payment of the principal and interest of and the sinking funds for 
 any securities granted oy the board for the purposes of those Acts or 
 any of them, before the passing of this Act, shall (in lieu of all rates 
 or assessments (d) authorized at the passing of this Act to be assessed 
 by them generally over the metropolis) from time to time assess and 
 raise a rate to be called the Metropolitan Consolidated Rate, in this 
 Act referred to as the Consolidated Rate. 
 
 Such rate shall be assessed and raised in manner provided by the 
 Metropolis Management Act, 1855, and the Acts amending the same, 
 with respect to the sums required for defraying the expenses of the 
 board in the execution of that Act, and to sums assessed for the 
 purposes of the Main Drainage Acts (e), and may be assessed wholly 
 or in part in respect of expenses incurred or to be incurred, and also 
 in respect of any unpaid balance of a former rate ; and all the pro- 
 visions of the Metropolis Management Act, 1855, and the Acts 
 amending the same concerning the estimate on which assessments by 
 the board are to be made, and for and in relation to the assessing, 
 raising, and enforcing payment of the sums assessed by the board, 
 shall, subject to the provisions of this Act, extend and apply to and 
 in the case of the consolidated rate in the same manner as if that 
 rate were therein mentioned instead of the sums required for defray- 
 ing the expenses of the board incurred in the execution of the 
 
 (6) The Metropolitan Board of Works (Loans) Act, 1875, s. 2 and sub- 
 sequent Acts, the last of which was the Metropolitan Board of Works 
 (Money) Act, 1878, limit the aggregate amount which the board were 
 authorized to expend up to the 31st December, 1878, under the 144th 
 section of the Metropolis Management Act, 1855, and the 72nd section of 
 the Metropolis Management Amendment Act, 1862, for the purposes 
 specified. 
 
 (c) By the Artizans and Labourers Dwellings' and Improvement Act, 
 1875, s. 21, the board are required to levy as part of the consolidated rate, 
 without any demand on the city, a sufficient amount for the purposes of 
 that Act. 
 
 (d) The provisions relating to the assessments of the board, are contained 
 in a series of enactments, commencing with the 172nd section of the 
 Metropolis Management Act, 1855 to section 177 inclusive. The first 
 named section was repealed by the 5th section of the Metropolis Manage- 
 ment Amendment Act, 1862, which makes new provisions on the subject. 
 The enactments relative to the metropolitan main drainage rate will be 
 found in the 21 & 22 Viet. c. 104, (main drainage) in several sections com- 
 mencing with the 10th. 
 
 (e) The Metropolitan Board of Works (Loans) Act, 1871, s. 3, enacts 
 that where the board by means of money raised by the creation of stock or 
 otherwise duly provide for the principal payable in any year in respect of 
 main drainage securities, it shall not be necessary to include the amount of 
 principal so provided for in any estimate or precept for the consolidated 
 rate, or to raise the same by means of the consolidated rate. And it 
 further enacts that any amount of principal in any year, not so provided 
 for, in or for any year with interest for the same year on the main drainage 
 securities, shall be charged on the consolidated rate with a saving (section 4) 
 for holders of existing securities, and a saving (section 5) of the guarantee 
 given by the treasury for payment of principal and interest of any main 
 drainage securties.
 
 252 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 Section |22. Metropolis Management Act, 1855, and for the Main Drainage Rate 
 respectively (a). 
 
 (a) By the Valuation of Property (Metropolis) Act, 1869, s. 45, the 
 valuation list for the time being in force under that Act, shall be conclusive 
 evidence of the gross and of the ratable value of the several hereditaments 
 included therein, and of the fact that all hereditaments required to be 
 inserted therein have been so inserted for the purposes, amongst others, of 
 the main drainage improvement and other rates and sums assessed on any 
 part of the metropolis by the Metropolitan Board of Works. And by- 
 section 17, the clerk of the managers of the metropolitan asylum district is 
 required, within the time in the Act limited, to cause the totals of the gross 
 and ratable values of all the valuation lists to be printed, and a printed 
 copy of all such totals to be sent to, amongst other bodies, &c., the Metro- 
 politan Board of Works. The 38 & 39 Viet. c. 33, s. 1, the Metropolis 
 Management Amendment Act, 1875, provides that from and after the 6th 
 April, 1876, the metropolitan board, in every assessment made by them 
 upon such parts of the metropolis as contain property wholly or partially 
 exempt from sewer rate, and in the precepts issued for drainage payment 
 of the sums so assessed, shall make an allowance or abatement equal to the 
 exemptions which under the 163rd and 164th sections of the Metropolis 
 Management Act, 1855, are entitled to be made in any rate for the purpose 
 of meeting such precept. And by section 2 the overseers and assessment 
 committees acting under the Valuation (Metropolis) Act, 1869, are directed 
 to cause the totals of the gross and ratable value of the property so wholly 
 or partially exempt from sewers rate, and the extent of such exemption, to 
 be ascertained and inserted in the valuation lists, and by section 3, the lists 
 are to be sent by the assessment committee before the 1st November in 
 each year, to the clerk of the managers of the metropolitan asylum district, 
 who shall print and send the said totals and extent of exemptions with the 
 other totals of gross and ratable value required to be printed and sent by 
 the 17th section of the said Valuation (Metropolis) Act, 1869. From these 
 valuation lists the basis for raising the consolidated rate is computed ; the 
 exemptions directed by 27 & 28 Viet. c. 268, for the commutation of tithes 
 in the city of London and for other purposes, and by the above cited Act 
 38 & 39 Viet. c. 33, being allowed in ascertaining the rentals. The precepts 
 issued by the board for the payment of the sums assessed upon the metro- 
 polis as modified in accordance with the requirements of the Acts now in 
 force, are in the following form : 
 
 [In respect of Metropolitan Consolidated Rate.] 
 To the vestry of the parish of in the county of 
 
 By virtue of the " Metropolis Management Act, 1855," and the Acts for 
 amending, extending, and varying the same ; the Metropolitan Board 
 of Works (Loans) Act, 1869, and subsequent Acts. 
 
 The Metropolitan Board of "VHURr do issue this their Precept under their 
 common seal to you the said vestry, and do hereby require you to pay to 
 the London and Westminster Bank, No. 1, St. James's Square, in the city 
 of Westminster, treasurer and banker of the said metropolitan board, in 
 respect of the metropolitan consolidated rate, the sum of pounds 
 
 shillings and pence; in manner following; That is to 
 
 say, the sum of pounds shillings and pence, part 
 
 thereof, on or before the 1st day of June, 1879 ; and the sum of 
 pounds shillings and pence, residue thereof, on or before 
 
 the 1st day of December, 1879 ; the said sum of pounds 
 
 shillings and pence, being the amount by law chargeable upon the 
 
 said parish, for payment of principal and interest of, and sinking fund for, 
 securities granted before the passing of the Metropolitan Board of Works
 
 (LOANS) ACT, 32 & 33 VIOT. c. 102, s. 22. 253 
 
 Every precept issued by the board for the purposes of the metro- Section 22. 
 poll tan consolidated rate shall specify, first the proportion of the 
 amount named in the precept which is required for the purpose of 
 paying the principal and interest of and sinking fund for securities 
 granted by them before the passing of this Act, and the dividends on 
 and the sums required for the redemption oi consolidated stock 
 under this Act, and secondly the proportion of such amount which is 
 required for all other purposes of the board. 
 
 In making an estimate for the first-mentioned portion of the conso- 
 lidated rate the board shall compute the part required in respect of 
 securities granted or stock issued for the purposes of the Main Drain- 
 age Acts and the Fire Brigade Act respectively. 
 
 In making an estimate for the last-mentioned portion of the con- 
 solidated rate the board shall not estimate the sum required for the 
 purposes of the Fire Brigade Act as larger than, a sum which would 
 be produced by a rate of one halfpenny in the pound on the gross 
 value of the property assessed to the metropolitan consolidated rate, 
 and shall compute the part of the said portion of the consolidated 
 rate required for those purposes (6). 
 
 The board shall state in every precept and shall keep a record of 
 all computations required to be made by this section, which record 
 shall be open to inspection by any person on payment of a fee not 
 exceeding one shilling, and shall be conclusive for all purposes what- 
 soever. 
 
 Nothing in this section shall delay or accelerate, or authorize the 
 board to delay or accelerate, the repayment of any principal or 
 interest of, or the providing of a sinking fund for any securities 
 granted by the board before the passing of this Act for the purposes 
 of the Main Drainage Acts without the consent of the holders 
 thereof; and while such securities remain undischarged the board 
 shall from time to time ascertain the amount which would have 
 been raised by the levying of the main drainage rate, and the 
 
 Loans Act, 1869, and the dividends on, and the sums required for the 
 redemption of, consolidated stock raised under the said Loans Act, 1869, 
 and subsequent Acts ; and also for all other purposes of the board, as set 
 forth in the schedule annexed ; 
 
 And which sums they, the said metropolitan board did, on the 
 day of 1879, ascertain and assess upon the said parish, as a portion 
 
 of the said metropolitan consolidated rate in pursuance of the provisions of 
 the said Acts in that behalf. 
 
 The schedule with columns and with appropriate headings follows. 
 Dated this day of January, 187 . 
 
 By Order of the Board, 
 
 Clerk of the Board. 
 
 Note. Bridge expenses are required by the " Metropolis Toll Bridges 
 Act, 1877," to be raised in like manner as expenses chargeable upon a 
 general rate, and not as expenses chargeable on a sewers rate. 
 
 (J) The amount to be expended by the board for the purposes of the 
 Fire Brigade, was limited by subsequent Acts ; see note (5) to section 22, 
 supra.
 
 254 
 
 Section 22. 
 
 Saving of 
 rights (6). 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 ^tf 110111 ^ which would have been so raised shall be charged on the 
 consolidated rate, and be deemed to be from time to time payable 
 thereout before any portion of that rate is applied to any other pur- 
 
 pose. 
 Nothi 
 
 in this section shall extend to any sum levied under sec- 
 
 ong n ts secton sa exen o any sum eve uner sec- 
 tion one hundred and eighty-one of the Metropolis Management 
 Act, 1855 (a). 
 
 23. Where any portion oi the consolidated rate represents any rate 
 which for the purposes of any contract or otherwise is deemed to be 
 a landlord's or tenant's rate, such portion shall for those purposes be 
 deemed to be such landlord's or tenant's rate as the case may be, and 
 all rights at the passing of this Act existing as between landlord and 
 tenant, or enjoyed by any person under statute, contract, or other- 
 wise in relation to the sums or rates assessed by the board shall con- 
 tinue to exist and be enjoyed in relation to the consolidated rate as 
 between and by the same persons and in the same manner as in rela- 
 tion to such sums or rates. 
 
 Orders of 
 vestry and 
 district 
 board for 
 raising money 
 required for 
 consolidated 
 rate (c). 
 
 Exempted 
 
 24. Where a vestry or district board make an order requiring the 
 overseers (including in the term any body of persons performing the 
 duties of overseers) of any parish in their district to levy and pay 
 over the sum which such vestry or district board require to raise for 
 the purpose of satisfying or of replacing any sum expended in satisfy- 
 ing any precept of the board for the purposes of the consolidated 
 rate, such vestry and district board shall distinguish in their order 
 the sum to be levied in such parish for that purpose, and the sum (if 
 any) required for other purposes of such vestry and district board ; 
 and the overseers or collectors shall, in the demand notes or receipts 
 to be given by them for the sums levied or collected in pursuance of 
 such order, distinguish the rate in the pound required to meet the 
 sum specified in the order to be required for the purpose of satisfying 
 such precept, and the rate in the pound specified to be required for 
 other purposes. 
 
 Every such order, demand note, and receipt shall also specify the 
 whole sum paid by such vestry or district board for satisfying such 
 precept, and the proportions specified in the precept as required for 
 the purposes of securities and consolidated stock, and for other pur- 
 poses of the board respectively, and for the purposes of the Main 
 Drainage Acts and the Fire Brigade Act respectively. 
 
 25. The places mentioned in schedule (C.) to the Metropolis Manage- 
 ment Act, 1855, and every liberty, precinct, and place in the metro- 
 polis shall be liable to the metropolitan consolidated rate, except so 
 far as they may be entitled under the General Improvement Acts to 
 
 (a) The enactment to which this saving applies, relates to the mortgages, 
 annuities, securities, and other debts and liabilities of the Metropolitan 
 Commissioners of Sewers at or immediately before the determination or 
 expiration of 11 & 12 Viet. c. 112. 
 
 (b) As to relative rights of landlords and tenants, see Metropolis 
 Management Act, 1855, section 169, and note thereon, and section 96 of 
 Metropolis Management Amendment Act, 1862, repealing sections 217, 218, 
 and 219 of Metropolis Management Act, 1855. 
 
 (c) See as to raising of money by vestries and district boards, Metropolis 
 Local Management Act, 1855, section 118, et seq., section 174, and section 
 9 of Metropolis Management Amendment Act, 1862.
 
 (LOANS) ACT, 82 & 33 VICT. c. 102, ss. 2529. 255 
 
 any exemption from any rate or assessment or part of a rate ; and Section 25. 
 
 for this purpose they shall be deemed to be respectively benefited by 
 
 all works executed (before or after the passing of this Act) by the 
 
 board under the Main Drainage Acts, and those works shall be 
 
 deemed works for carrying into effect a plan for preventing the 
 
 sewage of the metropolis from flowing into the river Thames in or 
 
 near the metropolis. 
 
 26. For the purpose of paying the dividends on and redeeming Consolidated 
 consolidated stock created under this Act there shall be established a loans fund, 
 fund to be called the consolidated loans fund of the metropolis, in 
 
 this Act referred to as the consolidated loan fund, and, subject to the 
 provisions of this Act, the board shall keep a separate^account of such 
 
 27. The board shall carry to the consolidated loans fund the Moneys 
 moneys following (after providing for all charges on such moneys applicable to 
 existing at the passing of this Act and to which the same shall for consolidated 
 the time being be applicable) ; that is to say, loans fund. 
 
 (1.) All money whether in the nature of capital or otherwise 
 arising from the sale, lease, or other disposition of lands, 
 rents, and property belonging to the board : 
 
 (2.) The residue of the improvement fund (d) which may come 
 into their hands in the manner mentioned in this Act : 
 
 (3.) Such an annual sum in every year out of the consolidated 
 rate, and out of the contributions paid to the board in 
 pursuance of the Fire Brigade Act (e) or out of one of such 
 sources as may be equal to two per cent, on the total nominal 
 amount of consolidated stock, whether it has been cancelled 
 or not ; or 
 
 (4.) Such greater or less annual sum as the Treasury may from time 
 to time approve as being in their opinion necessary in order 
 to pay the dividends on and to redeem all the consoli- 
 dated stock in sixty years from the date of the creation 
 thereof. 
 
 28. The board shall from time to time apply the consolidated Application 
 loans fund according to such regulations as may be approved by the of consoli- 
 Treasury, first in the payment of the dividends on consolidated stock, dated loans 
 and then in one or more of the following modes, namely, in pur- ^ un ^ 
 chasing metropolitan consolidated stock, and in redeeming metro- 
 politan consolidated stock, and in payment of the principal of the' 
 securities granted before the passing of this Act. 
 
 The board may in the meantime invest such fund (subject to the 
 said regulations) in Government securities, the interest of which, 
 and the resulting income thereof, shall form part of the consolidated 
 loans fund and shall be applied and may be invested in the same 
 manner. 
 
 All consolidated stock purchased and redeemed, and all securities 
 paid in pursuance of this section, shall be cancelled, and thereupon 
 all dividends and interest in respect thereof shall be extinguished. 
 
 29. After the passing of this Act, the Treasury shall, in every half Application 
 
 of Thames 
 
 (d) See definition of Improvement Fund, section 1, supra. 
 
 (e) See Fire Brigade Act, post, Appendix.
 
 256 
 Section 29. 
 
 embankment 
 fund. 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 year or other period fixed by them, apply all moneys from time to 
 time becoming part of the improvement fund in such half year or 
 other period until the fifth of July one thousand eight hundred and 
 eighty-eight, as follows : 
 
 (1.) In applying in each year, in continuation of the like payments 
 directed by the Thames Embankment and Metropolis Im- 
 provement (Loans) Act, 1868, the sum of one hundred and 
 eighty-five thousand pounds for payment of interest from 
 time to time due, and repayment of the principal moneys 
 advanced on the securities issued before the passing of the 
 last-mentioned Act, with the guarantee of the Treasury, 
 under the Thames Embankment and Metropolis Improve- 
 ment (Loans) Act, 1864, or such other yearly sum as the 
 board and the respective holders of such securities from time 
 to time mutually agree upon, so that such principal moneys, 
 and all interest thereon, may, unless otherwise agreed 
 between such holders and the board, be paid off and dis- 
 charged on or before the fifth day of July one thousand 
 eight hundred and eighty-two. 
 
 (2.) Then in paying the interest for the time being due on securi- 
 ties granted, after the passing of the Thames Embankment 
 and Metropolis Improvement (Loans) Act, 1868, and before 
 the passing of this Act, under or for the purposes of the 
 Embankment Acts, and in repaying the principal moneys 
 advanced on such securities. 
 
 (3.) Then in paying the residue to the board to be carried by them 
 to the consolidated loans fund. 
 
 Transfer of 30- When all securities granted before the passing of this Act with 
 
 improvement the guarantee of the Treasury, under the Thames Embankment and 
 fund to Metropolis Improvement (Loans) Act, 1864, and the Thames Embank - 
 
 board. ment and Metropolis Improvement (Loans) Act, 1868, or either of 
 
 those Acts, have either been paid or converted under this Act, the 
 Treasury may declare that all their liability under such guarantee 
 has ceased, and that after the date in that behalf mentioned this sec- 
 tion shall take effect. 
 
 Such declaration shall be published in the London Gazette, and 
 thereupon after the date in that behalf mentioned in such declaration 
 this section shall take effect, and the Improvement Fund account 
 shall be transferred from the Treasury into the name of the board, 
 and the duties payable to that account under the London Coal and 
 24 & 25 Viet Wine Duties Continuance Act, 1861, and the Acts continuing the 
 c 42 ' same shall continue to be paid to such account, and the improvement 
 
 fund shall be applied by the board in the manner in which it is 
 directed by this Act to be applied by the Treasury, and the accounts 
 thereof shall, for the purpose of audit and all purposes whatever, be 
 deemed to be accounts of the board, but shall, subject to the provi- 
 sions of this Act, be kept as separate accounts. 
 
 Separate 31. The board shall cause to be kept proper accounts showing the 
 
 accounts of appropriation of the moneys raised by the stock created under this 
 amount Act for the purposes of the different series of Acts, namely, the 
 
 raised for General Improvement Acts, the Main Drainage Acts, the Embank- 
 
 different ment Acts, and the Fire Brigade Act respectively. 
 
 Acts. All or any of the accounts of the board may be from time to time 
 
 consolidated in such manner and on such conditions as the Treasury 
 approve, and the accounts so kept shall be deemed sufficient for the 
 purposes of any Act and all other purposes.
 
 (LOANS) ACT, 1869, 82 & 88 VIOT. c. 102, ss. 3236. 257 
 
 32. Where the board before the passing of this Act have granted Section 32. 
 any security for the purposes of any of the Acts mentioned in the 
 
 first schedule to this Act, they may filter into an arrangement with Conversion 
 the holder of such security for the conversion thereof into such amount 
 of consolidated stock as may be arranged between them. Such 
 arrangement shall be made according to such regulations and on such 
 terms as may be approved by the Treasury. 
 
 33. Any person who holds any security granted by the board Consent of 
 before the passing of this Act for the purposes of any of the Acts trustees, in- 
 mentioned in the first schedule to this Act, and who is one of the capacitated 
 persons enabled by the Lands Clauses Consolidation Act, 1845, to persons, &c., 
 sell land under that Act, may consent to any arrangement approved to conver- 
 by the Treasury under this Act, for the conversion of such security sion> 
 
 into consolidated stock, and to the payment of such security before 
 the time limited for the payment thereof, and accept money for such 
 consent in the same manner as if such person was the absolute owner 
 in his own right of such security, and such person is hereby indem- 
 nified for so doing. 
 
 31 For the purpose of raising money, or (6) to pay off any security Creation of 
 granted before the passing of this Act by the board for the purposes S t ck for 
 of any of the Acts mentioned in the first schedule to this Act, and paying off 
 for the purpose of the conversion of any such security, the board may money bor- 
 create (c) consolidated stock under the provisions of this Act in rowed, &c. 
 like manner and with the like sanction as they may create the same 
 for the purpose of raising money for the purposes of the said Acts, 
 and the money raised by such stock shall be applied in such payment, 
 and all stock created under the provisions of this section shall be 
 deemed to be created and the money raised thereby to have been 
 borrowed for the purposes of the Acts for the purpose of which the 
 original security was granted. 
 
 35. Where any security granted before the passing of this Act is Sinking 
 paid off out of the Consolidated Loans Fund, or by means of money fund of 
 raised by the creation of stock under this Act, or is converted into existing 
 stock, and there is any sinking fund which has been formed for the securities, 
 payment of such seciirity, either alone or jointly with other securities, 
 
 the board shall carry to the Consolidated Loans Fund such sinking 
 fund, or such proportion thereof as may be the proportion which such 
 security bears to the total of the securities for which such fund is 
 the sinking fund. 
 
 36. The board may create consolidated stock for the purpose of Additional 
 raising, in addition to the loans authorized by the Acts mentioned in borrowing 
 the first schedule to this Act, such further sums as the Treasury may powers of 
 sanction for the following purposes ; namely, board (a). 
 
 (b) By the Metropolitan Board of Works (Loans) Act, 1871, section 9, 
 the word " or " in this line shall be deemed to be omitted. 
 
 (c) By the Metropolitan Board of Works (Loans) Act, 1871, section 8, 
 the board are authorized to exercise this power by substituting consolidated 
 stock for main drainage securities, &c., although the securities may have been 
 paid off. And by section 9, consolidated stock for the purpose of this enact- 
 ment shall be purchased or redeemed and cancelled within 60 years. 
 
 (d) The Metropolitan Board of Works (Money) Act, 1877, by section 15, 
 empowers the board to raise money to the amount stated, by the issue of 
 bills, to be called metropolitan bills. And see note to section 3, ante, as to
 
 258 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 (1.) For the purpose of completing the .works authorized by the 
 Main Drainage Acts, and for covering in and otherwise 
 completing and making efficient the main sewers transferred 
 to and vested in the board by the Metropolis Management 
 Act, 1855: 
 
 conditions to be observed by the board in bills for raising moneys to be sub- 
 mitted to parliament. 
 
 The provisions relative to metropolis bills in the last-named Act, are the 
 following : 
 
 Section 15. Notwithstanding anything in this Act or in any other Act 
 relating to the board contained, the board, with the consent of the Treasury, 
 may from time to time, as they think fit, raise any part of the moneys which 
 they are by this Act authorized to raise, not exceeding, &c., by the issue of 
 bills under this Act. 
 
 Section 16. A bill under this Act (in this Act referred to as a " metro- 
 politan bill ") shall be a bill in form prescribed by a regulation made in 
 pursuance of this Act for the payment of the principal sum raised therein, 
 in the manner and at the date therein mentioned, so that the date be not 
 less than three nor more than twelve months from the date of the bill. 
 Interest shall be payable in respect of a metropolitan bill at such rate and 
 in such manner as the board, with the consent of the Treasury, may direct. 
 
 Section 17. All moneys raised by the issue of any metropolitan bills, shall 
 be paid to the board, and shall be expended by them for the purposes for 
 which the same are by this Act authorized to be raised respectively. The 
 principal money and interest expressed in any metropolitan bill to be pay- 
 able, shall be charged on the consolidated rate, and shall be payable out of 
 the said rate, or as regards principal, out of moneys raised by the creation of 
 consolidated stock under this Act for the purpose for which such principal 
 money has been expended, and as regards interest, out of the consolidated 
 loans fund. 
 
 Section 18. With respect to the issue of metropolitan bills, the following 
 provisions shall have effect : 
 
 (1.) Metropolitan bills shall be issued under the authority of a warrant 
 
 sealed by the board and countersigned on behalf of the Treasury. 
 (2.) Each Metropolitan bill shall be for the amount directed by the 
 
 board. 
 (3.) Each metropolitan bill shall be sealed by the board, the sealing 
 
 being attested by the clerk in his own name. 
 
 Section 19. The board may from time to time, with the consent of the 
 Treasury, make, and when -made, rescind, alter, and add to, regulations for 
 carrying into effect the provisions of this Act with respect to metropolitan 
 bills, and in particular, 
 
 (1.) For regulating (subject to the provisions of this Act) the prepara- 
 tion, form, mode of issue, mode of payment, and cancellation of 
 metropolitan bills : 
 (2.) For regulating the issue of a new metropolitan bill in lieu of one 
 
 defaced, lost, or destroyed : 
 
 (3.) For preventing by the use of counterfoils or of a special description 
 of paper or otherwise, fraud in relation to the metropolitan 
 bills: 
 
 (4.) For the proper discharge to be given upon the payment of a metro- 
 politan bill: 
 
 Every regulation purporting to be made in pursuance of this section shall 
 be deemed to be within the powers of this Act, and shall have effect as if it 
 were enacted in this Act. 
 
 Section 20. For the purpose of paying off the principal money of any 
 metropolitan bills, the board may raise any sum which they are by this Act 
 empowered to raise, by the creation of consolidated stock for the purposes 
 for which such principal money has been expended, not exceeding the 
 amount of such principal money, but, save as aforesaid, the powers given to
 
 (LOANS) ACT, 1869, 32 & 33 VIOT. c. 102, ss. 36, 37.' 259 
 
 (2.) For the purpose of completing the works authorized by the Section 36. 
 
 Embankment Acts : 
 (3.) For the purpose of providing station houses, fire engines, fire 
 
 escapes, and permanent plant for the purpose of the Fire 
 
 Brigade Act : 
 
 and all the provisions of this Act shall apply in like manner as if 
 such sums were loans authorized by the Main Drainage Acts, the 
 Embankment Acts, and the Fire Brigade Act respectively, and all 
 the provisions of those Acts relating to the execution of works 
 respectively authorized by them shall continue in force and extend to 
 the works executed by means of the money raised in pursuance of 
 this section, and all stock created under this section shall be deemed 
 to be created for the purposes of the above-mentioned Acts respec- 
 tively. 
 
 37. Where the managers of the metropolitan asylum district Loans by 
 
 require to borrow money under " The Metropolitan Poor Act, 1867," board to 
 
 and the Acts amending the same, such managers may borrow and the managers of 
 
 board may lend on the security authorized by those Acts such sums metropolitan 
 
 .as the managers may have been authorized by the poor law board, asylum 
 
 in pursuance of those Acts, to borrow, not exceeding in the whole five district (a). 
 hundred thousand pounds. 
 
 the board by this Act to raise moneys for any purposes by the creation of 
 consolidated stock, shall be suspended to the amounts and for the periods to 
 and for which moneys are for the time being authorized by the Treasury to 
 be raised for such purposes respectively by the issue of metropolitan 
 bills. 
 
 Section 21. Sections eight, nine, ten, and eleven of the Act of the twenty- 
 fourth and twenty-fifth years of the reign of Her present Majesty, chapter 
 ninety- eight, intituled " An Act to consolidate and amend the Statute Law 
 of England and Ireland relating to indictable offences by forgery" (which 
 sections relate to the forgery of and other frauds relating to exchequer 
 bills), shall apply to the metropolitan bills, and shall have effect as if " ex- 
 chequer bill " in those sections included " metropolitan bill." 
 
 Section 22. The board may enter into such arrangements with any bank 
 approved by the Treasury for carrying into effect the provisions of this Act 
 with respect to the issue of metropolitan bills, and to the payment of the 
 principal sum named therein, and to all matters relating thereto, and for 
 the proper remuneration of such bank with reference thereto, as they may 
 think proper and may be approved by the Treasury. 
 
 (a) The board of works were empowered to lend further amounts to the 
 manager of the metropolitan asylum district by the Acts of 1871, 1875, 
 1876, 1877, and 1878. 
 
 By the Metropolitan Board of Works (Loans) Act, 1875, section 14, the 
 metropolitan board required from bodies to which they are authorized to lend 
 money, returns embodying information respecting their financial condition 
 and other matters. 
 
 By the Metropolitan Board of Works (Loans) Act, 1871, section 10, the 
 board are empowered to lend to vestries and district boards, any sum 
 borrowed by them under the Metropolis Local Management Acts for any 
 work which appears to the board and the Treasury to be a permanent work, 
 and this section is to apply mutatis mutandis to every such loan. By the 
 Metropolitan Board of Works (Loans) Act, 1875, section 4, no money shall, 
 after the passing of that Act, be lent by the metropolitan board to any 
 vestry or district board under this section. 
 
 The last-named Act by section 4, authorizes the metropolitan board 
 to lend to vestries and district boards, up to the 31st December, 1876 , 
 money for the purpose of any work, with power to the board and the 
 8 2
 
 260 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 Section 37. For the purpose of raising the money so lent to the managers, the 
 board may create consolidated stock under the provisions of this Act,, 
 in like manner and with the like sanction as they may create the 
 same for the purpose of raising money for the purposes of the Acts, 
 mentioned in the first schedule to this Aet, and all the provisions 
 of this Act shall apply as if such money were raised and stock were 
 created for the purposes of the last-mentioned Acts, with this excep- 
 tion, that the money required in pursuance of this section may 
 be borrowed by the board in addition to the sum limited by this 
 Act. 
 
 All sums received by the board from the said managers in respect 
 of interest on or the principal of such loan shall be carried to the 
 Metropolitan Consolidated Loans Fund. 
 
 Notwithstanding anything in the Metropolitan Poor Act, 1867, 
 and the Acts amending the same, the amounts so lent by the board 
 shall be repaid to them by the said managers, with interest, within 
 such period not exceeding sixty years as may be agreed upon between 
 the board and the said managers, subject to the approval of the 
 Treasury. 
 
 The board may lend and the managers may bonow money in 
 pursuance of this section for the purpose of repaying any loan due 
 at the passing of this Act from the said managers. 
 
 The board and the said managers may execute all such deeds and 
 documents and do all such acts as may be necessary or expedient for 
 carrying this section into effect. 
 
 Treasury to spread the repayment over a scries of years. It limits the 
 aggregate amount to be lent by the board under this section, and makes pro? 
 vision as to time for repayment and other matters, and enacts that no money 
 shall be lent to vestries or district boards under section 10 of Metropolitan 
 Board of Works (Loans) Act, 1871. 
 
 The 5th section of the Metropolitan Board of Works (Loans) Act, 1875, 
 authorizes the metropolitan board, up to 31st December, 1876, to lend to the- 
 guardians of a union or parish wholly or for the most part in the metro- 
 polis, and the 6th section enables the board up to the same date to lend to any 
 corporate body, commissioners, burial board, or other public body, having 
 powers to levy, directly or indirectly, rates in respect of lauds in the metro- 
 polis, or to make charges on rates or take dues or impositions in the nature 
 of rates in the metropolis. Provisions are made limiting the aggregats 
 amount to be lent under that section, and relative to the period of re- 
 payment and other things. 
 
 The Metropolitan Board of Works (Loans) Act, 1876, section 7, em- 
 powers the board to lend to vestries and district boards, money required for 
 paying off loans and other purposes up to 31st December, 1877, and limits 
 the amount. Section 8 contains corresponding provisions with respect to 
 boards of guardians, and section 9 with respect to corporations, commis- 
 sioners, &c. The Metropolitan Board of Works (Money) Act, ] 878, extends 
 the amount which maybe lent by the board up to 31st December, 1879, to 
 the manager of the metropolitan asylum district. 
 
 The Metropolitan Board of Works (Money) Act, 1878, authorizes the 
 board to raise further sums of money for the purposes therein mentioned, and 
 limits the amount to be lent by them to vestries and district boards and 
 other bodies therein mentioned, up to 31 st December, 1879. See further 
 provisions of the Act of 1877, referred to in note to section 36, ante. 
 
 The 5th section of the Elementary Education Act, 1870, empowers the 
 board to lend to the school board of London the sums they are authorized 
 to borrow for the erection of schools, with the approval of the education 
 department ; and this provision is extended by the Elementary Education 
 Amendment Act, 1872, to sums required for the erection of offices.
 
 (LOANS) ACT, 1869, 32 & 33 VICT. o. 102, ss. 3841. 261 
 
 38. The board shall not after th-6 passing of this Act borrow Section 38. 
 exclusively of any amount borrowed for the purposes of a loan to T . .,~T 
 the managers of the metropolitan asylum district an amount which, , imi . 
 together with the amount actually owing by them at the passing of 
 
 this Act, after deducting the market value at the date of the passing 
 of this Act of all sinking funds created in pursuance of any of the 
 Acts mentioned in the first schedule to this Act, and remaining at 
 that date in the hands of the board, exceeds in the whole ten million 
 pounds sterling actually received by them ; provided that this shall 
 not prevent the board from raising any money under the provisions 
 of this Act for the purpose of paying off securities granted before the 
 passing of this Act, and all moneys so raised shall be duly applied 
 by the board accordingly. 
 
 39. The dividends on all consolidated stock shall be paid on such Payment of 
 days as may be from time to time fixed by the board with the dividends. 
 approval of the treasury. 
 
 40. Any person or body corporate entitled to any consolidated Appointment 
 stock or to any security granted by the board may, if default be pf a receiver 
 made for a period of not less than two months after demand in in certain 
 writing in the payment of dividend on such stock or of interest on cases (*/ 
 any such security, apply to the court of chancery in a summary way 
 
 for the appointment of a receiver, and the court of chancery may, if 
 the court think fit, on such application appoint a receiver on such 
 terms and conditions, and with such powers, as the court think fit. 
 Such persons shall have the same power of collecting and receiving 
 and applying all moneys liable to be carried under this Act to the 
 consolidated loans fund, and of assessing and raising the metropolitan 
 consolidated rate for the purpose of obtaining such moneys as the 
 board or any officer thereof may have, and shall apply all such 
 moneys, after payment of expenses and costs, under the direction of 
 the court, for the purposes of and in conformity with this Act. The 
 court may at any time discharge such receiver, and shall have full 
 jurisdiction over such receiver, and the applicant and all persons 
 and bodies interested in the acts of the receiver, in the same manner 
 and to the same extent as if a suit had been duly instituted for the 
 administration of the affairs of the board and a receiver had been 
 appointed in such suit. 
 
 The lord chancellor of Great Britain, with the advice and assis- 
 tance of the lords justices of the court of appeal in chancery, the 
 master of the rolls, and the vice-chancellors, or any two of those 
 judges, may from time to time make general orders for the regulation 
 of the practice of the court of chancery under this section. 
 
 41. All sums of money, bills, and drafts which are received by Moneys 
 
 the board under the provisions of this Act shall from time to time, received by 
 
 within two days after the same have been received, or within two the board to 
 
 days after any bill has been accepted, completed, and perfected, if be paid into 
 
 the same is not accepted, completed, and perfected at the time it is bank to thcir 
 
 received, be paid by the board into the hands of some bank to be account. 
 
 treasury, for which 
 officers of such bank shall 
 
 , 
 
 appointed by the board with the approval of the t 
 the receipt of one of the cashiers or other officers o 
 
 (a) The 188th section of the Metropolis Management Act, 1855, provides 
 for the appointment of a receiver in case of nonpayment of principal or 
 interest of mortgages under that Act.
 
 262 
 Section 41. 
 
 Exemption 
 of purchasers 
 of stock from 
 inquiries into 
 application 
 of money, 
 regularity of 
 proceedings, 
 &c. (). 
 
 Approval of 
 Treasury 
 
 Purchasers 
 of land to be 
 freed from 
 charges. 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 be a sufficient discharge ; and all such moneys, bills, and drafts so 
 to be paid as aforesaid shall from time to time be placed to the account 
 of the board with such bank, and shall be applied and disposed of 
 by the board for and towards the several purposes to which the same 
 are by law applicable. 
 
 42. A person, or body corporate purchasing any consolidated 
 stock, or advancing money to the board on the security of such stock, 
 shall not be bound to see or inquire whether such stock is created 
 or such advances are required for the purposes of the Acts men- 
 tioned in the first schedule to this Act, or is or are within the 
 borrowing powers of the board, or otherwise in accordance with 
 the provisions of this Act, or any regulations made thereunder, 
 and shall not be prejudiced by the same not being so, and shall 
 not be bound to see or inquire into the application of the money 
 or any part of the money arising from such stock or advances, or 
 be in any way responsible for the non-application thereof, and 
 shall not be bound to inquire whether the board so raising money, 
 or any meeting thereof, was properly constituted or convened, or 
 that the proceedings at any meeting of such board were legal or 
 regular. 
 
 43. The approval, sanction, or certificate of the treasury, where 
 required under this Act, may be signified by the signature of any 
 officer appointed by them for the purpose, and shall, until the con- 
 trary is proved, be deemed to have been given, and the holder of 
 consolidated stock shall not be prejudiced by reason of the absence 
 of any such approval, sanction, or certificate. 
 
 44. Where the board sell or lease or otherwise dispose of to any 
 person or body corporate any lands, rents, or property charged under 
 the provisions of this Act as security for any consolidated stock, such 
 land, rents, and property shall in the hands of such person or body cor- 
 porate be absolutely freed of every such charge, and such person or 
 body corporate shall not be bound to see to or inquire into the 
 application of the money arising from such sale to the consolidated 
 loans fund or otherwise in manner directed by this Act, or be in any 
 way responsible for the non-application thereof. 
 
 Power of 
 board to sell, 
 &c., land. 
 
 45. Nothing in this Act shall affect any power or duty of the board 
 to sell, lease, or otherwise dispose of land, rents, or property belonging 
 to them or to apply the moneys in the nature of capital arising from 
 such sale, lease, or disposition, in discharge of such liabilities and 
 securities as are a charge on the same in priority to the charge 
 created by this Act, or affect the claim of any person or body cor- 
 porate under any of the Acts mentioned in the first schedule to this 
 
 (a) By the Metropolitan Board of Works (Loans) Act, 1871, section 13, 
 trustees, executors, &c., empowered to invest money in public stocks or 
 funds or other government securities, may, unless forbidden by the will or 
 other instrument under which they act, invest the same in consolidated 
 stock. See the case of Ee Redhead, L. K. W. N. 1878, p. 194, in which 
 an order was made for the investment of money in consolidated stock. 
 Stock in the funds belonging to a charity incorporated by Act of parliament, 
 may be sold out and reinvested on metropolitan consolidated stock under 
 this Act ; Ee Clergy Orphan Corporation, L. K. 18 Eq. 280.
 
 (LOANS) ACT, 1869, 82 & 33 VICT. c. 102, ss. 4547. 263 
 
 Act, or otherwise existing at the passing of this Act, to such moneys Section 45. 
 or any part thereof. 
 
 46. The board may, in lieu of any portion of consolidated stock Creation by 
 authorized to be created under this Act, create for the like purpose board of 
 terminable annuities, to be called metropolitan annuities, and to be annuities, 
 granted at such rate of interest, on such terms, subject to such con- 
 ditions, and terminable after such number of years as the treasury 
 
 may before the creation thereof from time to time approve ; and 
 throughout this Act the term "stock" shall be construed to in- 
 clude annuities so created, and all the provisions of this Act shall 
 be construed accordingly, subject to the following qualifications ; 
 namely, 
 
 (1.) The term " dividend" shall be construed to mean the portion 
 
 of the annuity which represents interest. 
 
 (2.) The term "nominal amount of stock " shall be construed to 
 mean the capital value of the annuity at the time when such 
 nominal amount is required to be ascertained, such capital 
 value to be calculated on the same principles as the calcula- 
 tion made at the time of its creation. 
 
 (3.) The term "redeeming stock" and terms referring thereto 
 shall be construed to mean paying the portion of instalments 
 of any annuity which represents capital. 
 
 (4.) Instalments of an annuity shall be paid on such days as may 
 from time to time be fixed by the board with the approval 
 of the treasury. 
 
 (5.) An appointment of a receiver may be made where one or 
 more of the applicants happen to be entitled partly to stock 
 and partly to annuities, or where one or more of the appli- 
 cants happen to be entitled to stock and one or more to 
 annuities, as well as where he or they are entitled to stock 
 alone or annuities alone. 
 
 (6.) Where power is given by this Act to create stock, or to lay 
 out the consolidated loans fund in the purchase of stock or 
 to convert any security into stock, or to invest in or advance 
 money on the security of stock, such creation, purchase, 
 conversion, investment, or advance may be of, in, into, or 
 on the security of annuities only or partly annuities and 
 partly stock. 
 
 (7.) There shall be paid in respect of every transfer of metro- 
 politan annuities (6) a stamp duty of two shillings and 
 sixpence for every full sum of one hundred pounds, and 
 also for any fractional part of one hundred pounds of the 
 value of the annuities transferred, which shall be computed 
 in the case of a bonS, fide sale on the amount of the purchase 
 money and in any other case upon the average selling price 
 of the annuities transferred on the day of the date of the 
 transfer. 
 
 47. Nothing in this Act shall affect the securities or rights of any Saving rights 
 person or body corporate who may, before the passing of this Act, of holders of 
 have advanced money to the board for the purposes of the Acts existing 
 mentioned in the first schedule to this Act, or who may for the time securities. 
 
 (5) The Metropolitan Board of Works (Loans) Act, 1870, section 4, 
 provides for the payment by the board, of composition for stamp duty 
 chargeable on metropolitan annuities.
 
 264 
 Section 47. 
 
 Uncompleted 
 contracts for 
 loans. 
 
 Annual 
 return to be 
 laid before 
 parliament. 
 
 Provisions 
 repealed 
 in third 
 schedule. 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 being hold any securities granted by the board under those Acts 
 before the passing of this Act, so long as such persons or body cor- 
 porate have not been paid the principle and interest due in respect 
 of such advances and securities, or made an arrangement for the 
 conversion of such security under this Act ; and nothing in this Act 
 shall prejudice or affect the guarantee given by the treasury before 
 the passing of this Act for the payment of the principal and interest 
 of such securities ; and the treasury and the board shall respectively 
 during the same period (whenever so required by the holders of such 
 securities) apply the improvement fund and the funds and moneys 
 under the control of the board in such manner, and perform all such 
 acts and exercise all such powers, and, if necessary, levy the same 
 rates and assessments as they would have been required to do for the 
 benefit and security of the holders of such securities if this Act had 
 not passed : 
 
 Provided, that where the repayment of the sums borrowed is made 
 by the security dependent on the state of the funds charged with 
 such repayment, and no time has been expressly limited by the 
 security for the payment of the money advanced to the board thereon, 
 the holder of such security shall not be entitled to have the amount 
 secured thereby paid to him at any earlier time than if this Act had 
 not passed, or to have any larger proportion of the rate or fund which 
 is charged with the same raised or applied, than he would have been 
 entitled to have raised or applied, if this Act had not passed, that 
 is to say, than the proportion which the amount of his security 
 bears to the total amount of securities charged on that rate or fund 
 before the passing of this Act, and having the same rank as to 
 priority, but the board may at any time with his consent repay 
 out of the consolidated loans fund the principal money due on the 
 security. 
 
 48. Where at the passing of this Act the board have entered into 
 any contract for any loan, with or without the guarantee of the 
 Treasury thereon, and the whole of such loan has not been paid or 
 the securities therefor have not been granted, for the purposes of this 
 Act, such loan shall be deemed to be actually owing at the date of 
 this Act and to have been advanced, charged, and secured according 
 to the terms of such contract, and the guarantee of the Treasury (if 
 given) to have been given, and the securities for such loan to have 
 been granted and issued before the passing of this Act. 
 
 49. On or before the first of June in every year the board shall 
 prepare a return, in such form as may be from time to time directed 
 by the Treasury, showing up to the twenty-fifth of March preceding 
 the amount of consolidated stock, and the application of the money 
 raised by such stock, and the sums carried to and the application of 
 the consolidated loans fund, and such other particulars respecting 
 their loans transactions, and such estimate of the expenditure of the 
 board for all purposes for the year commencing on such twenty-fifth 
 of March, as the Treasury may from time to time require, and such 
 return shall be laid before both Houses of Parliament on or before 
 the said first of June, if Parliament be then sitting, and if not within 
 ten days after the next meeting of Parliament. 
 
 50. The Acts mentioned in the third schedule to this Act are 
 hereby repealed to the extent therein mentioned, except so far as 
 they relate to any securities granted and the application of any 
 moneys raised before the passing of this Act, and to the rates and
 
 (LOANS) ACT, 1869, 32 & 33 VICT. c. 102, s. 50. 
 
 265 
 
 moneys for payment of such securities while they remain umlis- Section 50. 
 charged. 
 
 Provided that this repeal shall not affect anything already done 
 or suffered, or any right already acquired or accrued under such 
 enactments, or any rate or assessment already made or precept already 
 issued, or any remedy or proceeding in respect of such thing, right, 
 rate, assessment, or precept. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Acts Authorizing Loans. 
 
 PART I. GENERAL IMPROVEMENT ACTS. 
 
 18 & 19 Viet. c. 120 
 
 19 & 20 Viet. c. 112 
 
 25 & 26 Viet. c. 102 
 20 & 21 Viet. c. cxv. 
 
 20 & 21 Viet. c. cl. 
 
 21 & 22 Viet. c. xxxvii 
 
 27 & 28 Viet. c. iv. 
 
 28 & 29 Viet. c. iii. 
 
 29 & 30 Viet. c. cl. 
 31 & 32 Viet. c. vii. 
 
 The Metropolis Management Act, 1855. 
 The Metropolis Management Amendment 
 
 Act, 1856. 
 The Metropolis Management Amendment 
 
 Act, 1862. 
 Covent Garden approach and Southwark 
 
 and Westminster communication Act, 
 
 1857. 
 
 The Finsbury Park Act, 1857. 
 Victoria Park Approach Act, 1858. 
 The Southwark Park Act, 1864. 
 Whitechapel and Holborn Improvement 
 
 Act, 1865. 
 
 Kensington Improvement Act, 1866. 
 Marylebone (Stingo Lane) Improvement 
 
 Act, 1868. 
 
 PART II. MAIN DRAINAGE ACTS. 
 21 & 22 Viet. c. 104 - 
 
 26 & 27 Viet. c. 68 
 28 & 29 Viet. c. 19 
 
 The Metropolis Management Amendment 
 Act, 1858. 
 
 The Metropolitan Main Drainage Exten- 
 sion Act, 1863. 
 
 An Act to extend the period for borrowing 
 the sum authorized to be raised under 
 the Metropolitan Main Drainage Exten- 
 sion Act, 1863. 
 
 PART III. FIRE BRIGADE ACT. 
 28 & 29 Viet. c. 190 - - | The Metropolitan Fire Brigade Act, 1865.
 
 266 
 
 APPENDIX. METROPOLITAN BOARD OF WORKS 
 
 Schedule 1. 
 
 PART IV. EMBANKMENT ACTS. 
 
 25 & 26 Viet. c. 93 
 
 26 & 27 Viet. c. 45 
 
 26 & 27 Viet. c. 75 
 
 27 & 28 Viet. c. cxxxv. - 
 
 27 & 28 Viet, c 61 
 
 31 & 32 Viet. c. 43 - 
 
 31 & 32 Viet. c. cxi. . 
 
 31 & 32 Viet. c. cxxxv. - 
 
 32 & 33 Viet. c. cxxxiv. 
 
 The Thames Embankment Act, 1862. 
 The Metropolis Improvement Act, 1863. 
 The Thames Embankment Act, 1863. 
 Thames Embankment Amendment Act, 
 
 1864. 
 The Thames Embankment and Metropolis 
 
 Improvement (Loans) Act, 1864. 
 The Thames Embankment and Metropolis 
 
 Improvement (Loans) Act, 1868. 
 The Thames Embankment (North and 
 
 South) Act, 1868. 
 The Thames Embankment (Chelsea) Act, 
 
 1868. 
 The Park Lane Improvement Act, 1869. 
 
 SECOND SCHEDULE. 
 
 Forms of Transfer. 
 
 I, A. JB., of , in consideration of the sum of pounds 
 
 paid to me by C. D., of , do hereby transfer to the said C. D., his 
 
 executors, administrators, and assigns, the sum of metropolitan 
 
 consolidated stock [or annuities] standing in my name in the books kept of 
 such stock [or annuities], and all my property, right, and interest in and 
 to the same and the dividends thereon [or the instalments thereof]. 
 
 lu witness whereof, I have hereunto set my hand this day of 
 
 one thousand eight hundred and 
 
 A. . (L.S.) 
 
 I, C. D., do hereby accept the above-named sum of 
 
 stock [or annuities], and will hold the same subject to the same conditions 
 on which the said transferor held the same. 
 
 In witness whereof, I have hereunto set my hand this day of 
 
 one thousand eight hundred and 
 
 C. D. (L.S.)
 
 (LOANS) ACT, 1869, 32 & 33 VICT. c. 102, SCHED. 
 / 
 
 THIRD SCHEDULE. 
 
 267 
 
 Schedule 3. 
 
 Enactments Repealed. 
 
 "An Act for the better 
 Local Management of the 
 Metropolis." 
 
 ' Covent Garden Approach 
 and Southwark and West- 
 minster Communication 
 Act, 1857." 
 
 'The Finsbury Park Act, 
 1857." 
 
 ' An Act to alter and amend 
 the Metropolis Local 
 Management Act (1855), 
 and to extend the powers 
 of the Metropolitan Board 
 of Works for the Purifi- 
 cation of the Thames and 
 the Main Drainage of the 
 Metropolis." 
 
 'Victoria Park Approach 
 Act, 1858." 
 
 'An Act for embanking 
 the North Side of the 
 River Thames from West- 
 minster Bridge to Black- 
 friars Bridge, and for 
 making new streets in and 
 near thereto." 
 
 Extent of Repeal. 
 
 So much of section one hun- 
 dred and thirty-five of the 
 Metropolis Management Act, 
 1855, as provides that the 
 sewers and works therein 
 mentioned shall be completed 
 on or before the 31st of 
 December, 1860; so much 
 of section one hundred and 
 eighty-three as relates to the 
 mode of borrowing by the 
 Metropolitan Board of 
 Works, and sections one 
 hundred and eighty-four to 
 one hundred and ninety-one, 
 both inclusive, so far as 
 regards the Metropolitan 
 Board of Works. 
 
 Section forty-five from "and 
 for securing" to end of sec- 
 tion, and sections forty-six 
 to fifty-three, both inclusive, 
 and section fifty-six. 
 
 Section thirty-six from "and 
 for securing^' to end of sec- 
 tion, and sections thirty- 
 seven to forty-four, both in- 
 clusive. 
 
 Sections four to seven, and ten 
 to twenty-two, all inclusive, 
 and section twenty-six. 
 
 Section thirty-eight from "and 
 for securing" to end of sec- 
 tion, and sections thirty-nine 
 to forty -four, both inclusive, 
 and section forty-seven. 
 
 Section thirty-seven, and sec- 
 tions forty-two to forty-six, 
 both inclusive.
 
 268 
 Schedule 3. 
 
 APPENDIX. METROPOLITAN BOARD OP WORKS 
 
 25 & 26 Viet, 
 c. 102. 
 
 26 & 27 Viet, 
 c. 45. 
 
 26 & 27 Viet. 
 c. 68. 
 
 26 & 27 Viet. 
 c.75. 
 
 27 & 28 Viet. 
 c. 61. 
 
 27 & 28 Viet. 
 c. iv. 
 
 28 & 29 Viet, 
 c. 19. 
 
 28 & 29 Viet. 
 c. 90. 
 
 28 & 29 Viet 
 c. iii. 
 
 Title. 
 
 An Act to amend the 
 Metropolis Local Manage- 
 ment Acts." 
 
 An Act for making a new 
 street from Blackfriars to 
 the Mansion House in 
 the city of London in 
 connexion with the Em- 
 bankment of the River 
 Thames on the northern 
 side of that river, and for 
 other purposes." 
 'An Act to extend the 
 powers of the Act relating 
 to the Main Drainage of 
 the Metropolis." 
 ; An Act for the embank- 
 ment of part of the river 
 Thames on the south side 
 thereof, in the parish of 
 Saint Mary Lambeth, and 
 for other purposes." 
 
 'An Act for empowering 
 the Commissioners of the 
 Treasury to guarantee, 
 and the Commissioners 
 for the Reduction of the 
 National Debt to advance, 
 the sums authorized to be 
 borrowed for the Embank- 
 ment of the Thames and 
 Improvement of the Me- 
 tropolis, and for other 
 purposes connected there- 
 with." 
 
 ' The Southwark Park Act, 
 1864." 
 
 "An Act to extend the 
 period for borrowing the 
 sum authorized to be 
 raised under the Metro- 
 politan Main Drainage 
 Extension Act, 1863." 
 
 " An Act for the establish- 
 ment of a Fire Brigade 
 within the metropolis. 
 
 " Whitechapel and Holborn 
 Improvement Act, 1865." 
 
 Extent of Repeal. 
 
 Sections nineteen and twenty 
 so far as regards the Metro- 
 politan Board of Works, and 
 section twenty-six. 
 
 So much of section twenty as 
 incorporates section thirty- 
 seven of the Thames Embank- 
 ment Act, 1862 ; and sections 
 twenty-two and twenty- 
 three. 
 
 The whole Act. 
 
 So much of section twenty- 
 one as incorporates section 
 thirty-seven of the Thames 
 Embankment Act, 1862 ; 
 sections twenty-six, twenty- 
 seven, twenty-eight, and 
 twenty-nine. 
 
 The whole Act. 
 
 Section thirty-one from "and 
 for securing" to end of sec- 
 tion, and sections thirty-two 
 to thirty-nine, both inclu- 
 sive. 
 
 The whole Act. 
 
 Sections nineteen, twenty, and 
 twenty-one. 
 
 Section thirty-one from " and 
 for securing" to end of sec- 
 tion, and section thirty-two 
 to thirty-nine, both inclusive, 
 and section forty-two.
 
 (LOANS) ACT, 1869, 32 & 83 VICT. c. 102, SCHKD. 269 
 
 Schedule 3. 
 
 29 & 30 Viet. 
 c. cl. 
 
 31 & 32 Viet. 
 c.43. 
 
 31 & 32 Viet, 
 c. vii. 
 
 31 & 32 Viet. 
 c. cxi. 
 
 31 & 32 Viet. 
 c. exxxv. 
 
 32 & 33 Viet, 
 c. cxxxiv. 
 
 1 Kensington Improvement 
 Act, 1866." 
 
 ' An Act for extending the 
 provisions of the Thames 
 Embankment and Metro- 
 polis Improvement(Loans) 
 Act, 1864, and for amend- 
 ing the powers of the 
 Metropolitan Board of 
 Works in relation to loans 
 under that Act." 
 
 'Marylebone (Stingo Lane) 
 Improvement Act, 1868." 
 
 ' The Thames Embankment 
 (North and South) Act, 
 
 ' The Thames Embankment 
 (Chelsea) Act, 1868." 
 
 ' The Park Lane Improve- 
 ment Act, 1869." 
 
 Extent of Bepeal. 
 
 Section thirty from " and for 
 securing" to end of section, 
 and sections thirty-one to 
 thirty-eight, both inclusive, 
 and section forty-one. 
 
 The whole Act. 
 
 Section nineteen from "and 
 for securing" to end of sec- 
 tion, and sections twenty to 
 twenty-six, both inclusive, 
 and section twenty-nine. 
 
 So much of section eighteen as 
 relates to the mode of bor- 
 rowing, and sections nine- 
 teen to twenty-two, both in- 
 clusive. 
 
 So much of section twenty- 
 eight as incorporates section 
 thirty-seven of the Thames 
 Embankment Act, 1862; so 
 much of section twenty-nine 
 as relates to the mode of 
 borrowing, and sections 
 thirty to thirty-two, both 
 inclusive. 
 
 So much of section twenty-five 
 as relates to the mode of bor- 
 rowing, and sections twenty- 
 six to twenty-eight, both 
 inclusive.
 
 AN ACT 
 
 TO PROVIDE FOR SUPERANNUATION ALLOWANCES 
 TO OFFICERS OF VESTRIES AND OTHER BOARDS 
 WITHIN THE AREA OF THE METROPOLIS LOCAL 
 MANAGEMENT ACT. 
 
 29 VICT. CAP. 31. 
 
 18TH MAY, 1866. 
 
 WHEREAS it is expedient that provision should be made to enable 
 superannuation allowances to be granted to officers of vestries of any 
 parish and district boards of any district and of other parochial bodies 
 within the metropolis who become disabled by infirmity or age to 
 discharge the duties of their offices : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by 
 and with the advice and consent of the Lords spiritual and temporal, 
 and Commons in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. The vestry of any parish and district board of any district or 
 any other parochial body within the metropolis, and also the metro- 
 politan board of works, may, at their discretion, grant to any officer 
 in their respective services, including the chairman of the metropo- 
 litan board of works, who shall become incapable of discharging the 
 duties of his office with efficiency by reason of permanent infirmity 
 of mind or body, or of old age, upon his resigning or otherwise 
 ceasing to hold his office, an annual allowance not exceeding in any 
 case two-thirds of his then salary, regard being had to the scale of 
 allowances hereinafter contained, and shall charge such allowance to 
 the fund or funds to which such salary would have been charged if 
 he had continued in his office : Provided always, that nothing in this 
 Act contained shall affect the powers contained in the two hun- 
 dred and thirteenth section of " The Metropolis Management Act, 
 1855." 
 
 Allowances 2. This allowance shall be payable to or in trust for such officer 
 
 not to be only, and shall not be assignable for nor chargeable with his debts 
 
 assignable for O r other liabilities without the consent in writing of the vestry, 
 
 debts, &c. district board, metropolitan board of works, or other parochial body. 
 
 Vestries, dis- 
 trict boards, 
 and metro- 
 politan board 
 of works may 
 grant super- 
 annuation 
 allowances to 
 officers in 
 certain 
 cases (a). 
 
 (a) By the Baths and Washhouses Act, 1878 (41 Viet. c. 14), this power 
 is extended to officers and servants employed in baths, washhouses, open 
 bathing places, &c.
 
 SUPEEANNUATION ALLOWANCES ACT, 29 VlCT. C. 31, SS. 3 8. 271 
 
 3. No officer shall be entitled to such allowance on the ground Section 3. 
 of old age who shall not have completed the full age of sixty T 
 
 vpflrs J Limitation of 
 
 grant of 
 
 4. Subject to the provisions herein contained, the allowance to be allowances - 
 granted after the commencement of this Act to persons who shall Scale of 
 have served in an established capacity as officers as aforesaid, whether allowances, 
 their remuneration be computed by weekly wages, poundage, or per- 
 centage on collection of rates, or annual salary, shall be as follows ; 
 
 (that is to say,) 
 
 To any person who shall have served ten years and upwards, and 
 
 under eleven years, an annual allowance of ten-sixtieths of the 
 
 salary and emoluments of his office ; 
 
 And in like manner an addition of one-sixtieth in respect of each 
 additional year of such service until the completion of a period of 
 service of forty years, Avhen the annual allowance of forty-sixtieths 
 may be granted ; and no addition shall be made in respect of any 
 service beyond forty years ; but in computing the time of an officer's 
 service any period during which such officer shall have been in the ser- 
 vice of a vestry, board of trustees, or other parochial board of the same 
 parish superseded by " The Metropolis Management Act, 1855," or of 
 any parish comprised in the district board granting such allowance, 
 .shall be included. 
 
 5. When for the due and efficient discharge of the duties of any Power 
 office professional or other peculiar qualifications not ordinarily to be to increase 
 acquired in the vestry or board's service are required, and any person allowance, 
 having such qualifications shall have been or may be appointed 
 
 thereto beyond the age of thirty years, any vestry or board may, by 
 order, direct that when any person now holding or who may here- 
 after be appointed to such office shall retire from their service, a 
 number of years, not exceeding ten, to be specified in the said order, 
 shall, in computing the amount of superannuation allowance which 
 may be granted to him under this Act, be added to the number of 
 years during which he may have actually served. 
 
 6. Any vestry or board or other parochial body may grant to any Power to 
 person who is compelled to quit their service by reason of severe grant gratui- 
 bodily injury occasioned, without his own default, in the discharge of t^ 63 i* 1 case 
 his public duty, or from infirmity of mind or body, before the com- * retire- 
 pletion of the period which would entitle him to a superannuation ment before 
 allowance, a gratuitv not exceeding three months pay for every two en"* 1 > 
 years of service. superannua- 
 tion allow- 
 
 7. No grant shall be made without one month's previous notice, to ance ' 
 
 be specially given in writing to every member of the vestry or dis- Notice of 
 trict board,' of the proposal to make such grant, and the time when it S?*^ to bc 
 shall be brought forward. S lven - 
 
 8. In the construction of this Act the term "metropolis" shall Interpre- 
 have the same interpretation as in the Metropolis Management Act, tation of 
 1855, and Metropolis Management Amendment Act, 1862 ; the words terms. 
 
 " other parochial body " shall mean all trustees, overseers, and others 
 who make the several rates for the purposes of the vestry or the dis- 
 trict board of any district.
 
 AN ACT 
 
 TO AMEND THE METROPOLIS MANAGEMENT ACTS. 
 38 & 39 VICT. CAP. 33. 
 
 29TH JUNE, 1875. 
 
 WHEREAS by section one hundred and sixty-three of the Metropolis 
 Management Act, 1855, it is provided that any sewers rate raised 
 under that Act shall, as regards all land used as arable, meadow, or 
 pasture ground only, or as woodland, orchard, market garden, hop, 
 herb, flower, fruit, or nursery ground, be assessed and levied in the 
 proportion of one fourth part only of the net annual value of sucli 
 land: 
 
 And whereas by section one hundred and sixty -four of the same 
 Act it is also provided that where any property was, at the time of 
 the issuing of the first commission under the Act of the eleventh 
 and twelfth years of Her Majesty, chapter one hundred and twelve, 
 entitled to exemption from or to any reduction or allowance in 
 respect of the sewers rate, such exemption, reduction, or allowance 
 shall be observed and allowed in levying any sewers rate under that 
 Act: 
 
 And whereas by virtue of the said recited Act, and the Acts 
 amending the same, the metropolitan board of works do assess the 
 several parts of the metropolis according to the basis on which the 
 printed totals of the valuation lists sent out by the clerk ol the 
 managers of the metropolitan asylum district under " the Valuation 
 (Metropolis) Act, 1869," are made (), and issue their precepts for 
 sums of money which, by reason of the recited exemptions, cannot 
 be levied upon some of the property included in such assessment, or 
 can only be levied at one fourth of the amount included in such 
 assessment, whereby the parts of the metropolis wherein such 
 exemptions exist are compelled to make a rate at an increased 
 amount in order to meet such precepts : 
 
 Be it therefore enacted by the Queen's most excellent Majesty, by 
 
 (a) The 46th section of 32 & 33 Viet. c. 67, makes the valuation list for 
 the time being in force, conclusive evidence of the gross value and of the 
 rateable value of the hereditaments included therein, and of the fact that 
 all hereditaments required to be inserted therein have been inserted for 
 the purposes of the sewers, lighting, general and other rates levied by order 
 of district boards or vestries, the main drainage improvement and other 
 rates and sums assessed on any part of the metropolis by the metropolitan 
 board of works, and of other rates -which are enumerated.
 
 METROPOLIS MANAGEMENT &c., ACT, 1875, 38 & 39 VICT. c. 83. 273 
 
 and with the advice and consent of the lords spiritual and temporal, Section 1. 
 and commons, in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 1 From and after the sixth day of April one thousand eight Metropolitan 
 
 hundred and seventy- six the metropolitan board of works, in ever)' board of 
 
 assessment made by them upon such parts of the metropolis as works to 
 
 contain property wholly or partially exempt from sewers rate, and in make abate- 
 
 the precepts issued for obtaining payment of the sums so assessed, ment on as- 
 
 shall make an allowance or abatement equal to the reduction or sessment of 
 
 exemption which, under the one hundred and sixty-third and one P 8 ^ c* 
 
 hundred and sixty-fourth sections of the Metropolis Management metro P<i< 
 
 Act, 1855, is required to be made in levying any rate for the purpose containm g 
 
 of meeting such precepts. exempVrrom 
 
 2. The overseers and assessment committees acting under the 
 
 Valuation (Metropolis) Act, 1869, shall cause the totals of the gross Totals * 
 
 and rateable value of the property so wholly or partially exempt va ^ ue * 
 
 from sewers rate, and the extent of such exemption, to be ascer- P r P e 
 tained and inserted in the valuation lists which will come into force 
 
 on the sixth day of April one thousand eight hundred and seventy- valuation 
 six, and in every valuation list which shall thereafter be made by i^ 
 them. 
 
 3. The said lists shall be sent by the assessment committees before Totals to be 
 the first day of November in each year to the clerk of the managers printed. 
 
 of the metropolitan asylum district, who shall print and send the said 
 totals and extent of exemptions, 'with the other totals of gross and 
 rateable value required to be printed and sent by the seventeenth 
 section of the said Valuation (Metropolis) Act, 1869. 
 
 4. Any unfairness or incorrectness in the said totals and extent of Appeal in 
 exemptions may be appealed against in the manner provided for case of un- 
 appealing against totals of gross or rateable value under section fairness, &c. 
 thirty-two of the Valuation (Metropolis) Act, 1869.
 
 AN ACT 
 
 TO AMEND THE LAWS RELATING TO THE CONSTRUC- 
 TION OF BUILDINGS IN THE METROPOLIS AND ITS 
 NEIGHBOURHOOD (a). 
 
 18 & 19 VICT. CAP. 122. 
 
 14TH AUGUST, 1855. 
 
 WHEREAS it is expedient that the laws relating to buildings in the 
 metropolis and its neighbourhood should be amended : Be it there- 
 fore enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and temporal, and 
 Commons, in this present parliament assembled, and by the autho- 
 rity of the same, as follows ; (that is to say,) 
 
 PRELIMINARY. 
 
 Section 1. 1. This Act may be cited for all purposes as " The Metropolitan 
 ShortT^i, Building Act, 1855." 
 
 Commence- 2. This Act shall, except in cases where it is otherwise expressly 
 
 ment of Act. provided, come into operation on the first day of January, one thou- 
 sand eight hundred and fifty-six. 
 
 (a) The Metropolitan Building Act, 1860, amends the rules of this Act 
 with respect to the cubical dimensions, &c., of warehouses ; and the Metro- 
 politan Building Act, 1861, exempts from the operation of this Act any 
 buildings erected, &c., by the commissioners for the Exhibition of 1851. 
 The Metropolitan Building Act, 1869, transfers to the metropolitan board 
 the duties connected with dangerous structures heretofore discharged by 
 the metropolitan police. The Metropolitan Building Act, 1871, contains 
 further exemptions from the first part of this Act ; see note to section 6, post. 
 The Metropolis Management Act, 1855, and this Act, were further 
 amended by the Metropolis Management and Building Acts Amendment 
 Act, 1878 (41 & 42 Viet. c. 32), which contains further provisions for regulat- 
 ing the erection and extension of houses and buildings in close proximity to 
 certain roads, passages, and ways ; for empowering the metropolitan board 
 to cause alteration in theatres and music-halls in certain cases, and to make 
 regulations with respect to the position and structure of new theatres and 
 certain new music-halls ; to make provisions with respect to the making, 
 filling-up, and preparation of the foundation and sites of houses, &c., and 
 with respect to the quality of the substances to be used in the sites, founda- 
 tions, and walls of such houses, &c. ; and to make further provisions with
 
 THE METROPOLITAN BUILDING ACT, 1855, 18 & 19 VICT. c. 122. 275 
 
 3, In the construction of this Act (if not consistent with the con- Section 3. 
 text) the following terms shall have the respective meanings herein- 
 
 after assigned to them ; (that is to say,) Interpreta- 
 
 " The Treasury " shall mean the Commissioners of Her Majesty's * 1( ? n f cer ' 
 Treasury: tain terms 
 
 M Public building " (6) shall mean every building used as a church, m thu5 Act ' 
 chapel, or other place of public worship ; also every building 
 used for purposes of public instruction ; also every building used 
 as a college, public hall, hospital, theatre, public concert room, 
 public ball room, public lecture room, public exhibition room, or 
 for any other public purposes : 
 
 " External wall" (c) shall apply to every outer wall or vertical 
 enclosure of any building not being a party wall : 
 
 *' Party wall " (d) shall apply to every wall used or built in order to 
 be used as a separation of any building from any other building, 
 Avith a view to the same being occupied by different persons : 
 
 " Cross wall " shall apply to every wall used or built in order to 
 be used as a separation of one part of any building from another 
 part of the same building, such building being wholly in one 
 occupation : 
 
 " Party structure " shall include party walls, and also partitions, 
 arches, floors, and other structures separating buildings, stories, or 
 rooms which belong to different owners, or which are approached 
 by distinct staircases or separate entrances from without : 
 
 The " area " of every building shall be deemed to be the superficies 
 of a horizontal section of such building made at the point of its 
 greatest surface, including the external walls and such portion 
 of the party wall as belong to the building, but excluding any 
 attached building the height of which does not exceed, the height 
 of the ground storey : 
 
 *' The base of the wall " shall mean the course immediately above 
 the footings : 
 
 *' Owner " (e) shall apply to every person in possession or receipt 
 either of the whole or of any part of the rents or profits of any 
 land or tenement, or in the occupation of such land or tenement 
 other than as a tenant from year to year or for any less term, or 
 as a tenant at will : 
 
 respect to the payment of expenses incurred by the board in relation to 
 dangerous structures. The former Metropolitan Building Act, 7 & 8 Viet. 
 . 84, was held to be an Act of a local and personal nature, though the 
 119th section declared it to be a public Act ; Richards v. Easto 15 M. & W. 
 244; see now, however, section 108, post, as to pleas and evidence by 
 defendants in actions for anything done or intended to be done under the Act. 
 
 (b) The rules of construction in first schedule, 18 & 19 Viet. c. 122, have 
 no reference to public buildings which must be constructed as approved by the 
 -district surveyor, with appeal in case of difference to Metropolitan Board of 
 Works; S. v. Carruthers, 33 L. J. M. C. 107. See the Metropolis Manage- 
 ment and Building Acts Amendment Act, 1878, referred to in note to sec- 
 tion 30, infra. 
 
 (c) As to meaning of " external wall," within a covenant to repair, see 
 Green v. Hales, 2 Q. B. 225. 
 
 (d) Where plaintiff was the owner of a boundary wall on his own land, 
 against which he had built some closets, and defendant, his adjoining neigh- 
 bour, had recently built a substantial structure ; held, that so far as these 
 buildings extended against both sides of the wall, it was a " party wall" 
 within this Act ; Knight v. Pursell, L. E. 11 Ch. D. 412. 
 
 (e) See decisions as to meaning of the term " owner," within this inter- 
 pretation, referred to in note to section 73, infra. By the 97th section, 
 yost, the adjoining and building owners are included in the term " owner." 
 
 T 2
 
 276 APPENDIX. THE METROPOLITAN BUILDING 
 
 Section 3. " Builder " shall apply to and include the master builder or other 
 person employed to execute or who actually executes any work 
 upon any building : 
 
 "District surveyor" shall mean every such surveyor who is ap- 
 pointed in pursuance of this Act, or whose appointment is hereby 
 confirmed, and shall include any deputy or assistant surveyor 
 appointed under this Act : 
 
 In all cases in which the name of an officer having local jurisdic- 
 tion in respect of his office is referred to without mention of the 
 locality to which the jurisdiction extends, such reference is to be 
 understood to indicate the officer having jurisdiction in that 
 place within which is situate the building or other subject matter 
 or any part thereof to which such reference applies : 
 
 " Person" shall include " a body corporate." 
 
 Act to ex- 
 tend to all 
 places within 
 limits defined 
 by 18 & 19 
 Viet. c. 120. 
 
 Division of 
 
 Act. 
 
 LIMITS OF ACT. 
 
 4. This Act shall extend to all places within the limits of the 
 metropolis as denned by an Act passed in the present session of par- 
 liament, intituled " An Act for the better Local Management of the 
 Metropolis" (a), and to all other places to which such last-mentioned 
 Act may be extended, unless such places are in making such exten- 
 sion expressly excepted from the operation of this Act ; but nothing 
 herein contained shall affect the exercise of any powers vested by any 
 Act of parliament in the commissioners of sewers of the city of 
 London for the time being (6). 
 
 5. This Act shall be divided into five parts : 
 
 (1.) The first part relating to the regulation and supervision of 
 
 buildings : 
 
 (2.) The second part relating to dangerous structures : 
 (3.) The third part relating to party structures : 
 (4.) The fourth part relating to miscellaneous provisions: 
 (5.) The fifth part relating to the repeal of former Acts, and to. 
 emporary provisions. 
 
 PABT I. 
 
 PART I. 
 
 REGULATION AND SUPERVISION OF BUILDINGS (c). 
 
 Regulation 
 and super- 
 vision of 6. The following buildings and works shall be exempt from the 
 buildings. operation of the first part of this Act : 
 
 Buildings, &c., Bridges, piers, jetties, embankment walls, retaining walls, and 
 
 herein named wharf or quay walls : 
 
 (a) See section 250 of 18 & 19 Viet. c. 120, ante, as to definition of 
 metropolis, and section 249 as to extension thereof by order in council, and 1 
 section 42 of 25 & 26 Viet. c. 102, ante, as to notice before proceedings 
 under the last-mentioned provision. 
 
 (6) See 11 & 12 Viet. c. 163 and 14 & 15 Viet. c. 12 as to the powers of 
 commissioners of sewers for the city of London. 
 
 (c) See as to what is a building, Stevens v, Gourley, note to section 8, 
 post.
 
 ACT, 1855, 18 & 19 VICT. c. 122, s. 6. 277 
 
 Her Majesty's royal palaces, and any building in the possession of 
 Her Majesty, her heirs and successors, or employed for Her 
 Majesty's use or service (d). 
 
 Common gaols, prisons, houses of correction, and places of confine- exempt from 
 ment under the inspection of the inspectors of prisons, and Beth- operation of 
 lehem hospital, and the house of occupations adjoining : Part I. of this 
 
 The Mansion House, Guildhall, and Koyal Exchange of the city of Act. 
 London : (d) 
 
 The offices and buildings of the governor and company of the Bank 
 of England already erected, and which now form the edifice 
 called " The Bank of England," and any offices and buildings 
 hereafter to be erected for the use of the said governor and com- 
 pany, either on the site of or in addition to and in connexion 
 with the said edifice : 
 
 The building of the British Museum : 
 
 The offices and buildings of the Honourable East India Company 
 already erected, and any offices or buildings hereafter to be 
 erected, for the use of the said company, on the site of or in 
 addition to such existing offices and buildings : 
 
 Greenwich Hospital and the buildings in the parish of Greenwich 
 vested in the commissioners of Greenwich Hospital for the pur- 
 poses of the said hospital : 
 
 All county lunatic asylums, sessions houses, and other public 
 buildings belonging to or occupied by the justices of the peace of 
 the county or city in which the same are situated : 
 
 The erections and buildings authorized by an Act passed in the 
 ninth year of the reign of His late Majesty King George the 
 Fourth, for the purposes of a market in the Covent Garden : 
 
 The cattle market, with its appurtenances, erected in pusuanoe of 
 the Metropolitan Cattle Market Act, 1851 : 
 
 The buildings belonging to any canal, dock, or railway (e) company, 
 and used for the purposes of such canal, dock, or railway, under 
 the provisions of any Act of parliament : 
 
 All buildings not exceeding in height thirty feet, as measured from 
 the footings of the walls, and not exceeding in extent one hun- 
 dred and twenty-five thousand cubic feet, and not being public 
 buildings wholly in one occupation, and distant at least eight 
 
 (d) Buildings erected by commissioners of lieutenancy of the city of 
 London for the custody of the arms and stores of militia, fall within the 
 description, and are exempt; B. v. Jay, 27 L. J. M. C. '25. By the 
 amending Act, 24 & 25 Viet. c. 87, post, it is declared that the first part of 
 this Act shall not apply to buildings erected or to be erected by the commis- 
 sioners of the exhibition of 1851 on their lands, except streets, &c., erected 
 as private dwelling houses. By section 15 of 30 & 31 Viet. c. 40 (Houses of 
 Parliament Act, 1867,) all buildings erected on the lands described in the 
 Act as the prescribed lands, are exempted from the operation of the first 
 part of this Act; and the 2nd section of the Metropolitan Buildings Act, 
 1871, exempts buildings to be erected by the Corporation of London on the 
 site of Deptford Dockyard for a new foreign cattle market, are also 
 exempted from Part I. of this Act. 
 
 (e) A railway arch let and used as a stable was held to be exempt ; North 
 Kent Railway Company v. Badger, 27 L. J. M. C. 106. Arches occupied as 
 cellars were held to be buildings under section 7 of Gas Works Clauses Act, 
 1847 ; Thompson v. Sunderland Gas Company, L. R. 2 Ex. D. (c.A.) 429 ; 
 see London and Blackwall Railway Company v. Limehouse District Board, 
 3 K. & J. 123.
 
 278 
 
 PABT I. 
 Section 6. 
 
 Application of 
 Act, except 
 exemptions 
 before men- 
 tioned (a). 
 Building, 
 when deemed 
 to be new. 
 
 Alterations 
 of and addi- 
 tions to old 
 buildings. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 feet from the nearest street or alley, whether public or private, 
 and at the least thirty feet front the nearest buildings and from 
 the ground of any adjoining owner : 
 
 All buildings not exceeding in extent two hundred and sixteen 
 thousand cubic feet, and not being public buildings, and distant 
 at least thirty feet from the nearest street or alley, whether 
 public or private, and at least sixty feet from the nearest build- 
 ings and from the ground of an adjoining owner : 
 
 All party fence walls and greenhouses so far as regards the neces- 
 sary woodwork of the sashes, doors, and frames : 
 
 Openings made into walls or flues for the purpose of inserting 
 therein ventilating valves of a superficial extent not greater than 
 forty square inches, if such valves are not nearer than twelve- 
 inches to any timber or other combustible material. 
 
 7. With the exemptions hereinbefore mentioned, this Act shall 
 apply to all new buildings ; and whenever mention is herein made of 
 any building, it shall, unless the contrary appears from the context,, 
 be deemed to imply a new building. 
 
 8. A building shall be deemed to be new wherever the enclosing 
 walls (b) thereof have not been carried higher than the footings pre- 
 viously to the said first day of January one thousand eight hundred 
 and fifty-six (c). Any other building shall be deemed to be an old 
 building. 
 
 9. Any alteration, addition, or other work made or done for any 
 purpose except that of necessary repair not affecting the construction 
 of any external or party wall (rf) in, to, or upon any old building, or 
 in, to, or upon any new building after the roof has been covered. in r 
 shall, to the extent of such alteration, addition, or work, be subject 
 to the regulations of this Act (e) ; and whenever mention is herein- 
 after made of any alteration, addition, or work in, to, or upon any 
 building, it shall, unless the contrary appears from the context, be 
 deemed to imply an alteration, addition, or work to which this Act 
 applies. 
 
 (a) Where a person contracted to build according to plans and in con- 
 formity with the rules of the Metropolitan Board of Works, and built in 
 contravention of such rules, he was ordered to rebuild; Cubitt v. Smithy. 
 11 L. T. (N.S.) 298. 
 
 (6) As to what are not enclosing walls, see Tear v. Freelody, 4 C. B. 
 (N.S.) 228. 
 
 (c) As to what is a new building under Local Government Act, 1858, see 
 Hobbs v. Dance, 43 L. J. M. C. 21. 
 
 (d) Where an old door-frame was removed, and a new one substituted, 
 the brickwork around it, which was decayed, being reinstated, but the 
 opening for the doorway not being enlarged, this was held not to be a work 
 which affected the construction of an external wall ; Badger v. Denn, 22 
 J. P. 129. Though the extent of the exception in this section is a fruitful 
 source of contention between builders and district surveyors, there is a great 
 dearth of positive authority upon the subject. The question as to what 
 operations fall within the definition of necessary repair, not affecting the 
 construction of any external or party wall, came before the Westminster 
 Police Court in several cases, the particulars of which are referred to in an 
 article in the 40th vol. of the Justice of the Peace, p. 49, where it was 
 closely and carefully considered. 
 
 (e) This was held to apply only to buildings which were constructed 
 before 1st June, 1856, Stevens v. Gourley, 29 L. J. C. P. 1. A shop
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 1014. 279 
 
 10. Whenever any old building has been taken down to an extent PAST I. 
 exceeding one half of such building, such half to be measured in ~ _ rt 
 cubic feet, the rebuilding thereof shall be deemed to be the erection Section 10. 
 of a new building ; and every portion of such old building that is Rebuilding 
 not in conformity with the regulations of this Act shall be forthwith O ld build- 
 taken down. ings. 
 
 11. Whenever any old buildings are separated by timber or other Division of 
 partitions not in conformity with this Act, then, if such partitions old build- 
 are removed to the extent of one-half thereof, such building shall as ings sepa- 
 respects the separation thereof be deemed to be new buildings, and rated by 
 be forthwith divided from each other in the manner directed by this irregular 
 Act. partitions. 
 
 WALLS (/). 
 
 12. Walls shall be constructed of such substances and of such Structure and 
 thickness and in such manner as are mentioned in the first schedule thickness of 
 annexed hereto. walls. 
 
 RECESSES AND OPENINGS. 
 
 13. The following rules shall be observed with respect to recesses Rules as to 
 and openings in walls : recesses and 
 
 Recesses and openings may be made in external walls, provided, openings. 
 
 1. That the backs of such recesses are not of less thickness than 
 
 eight and a-half inches ; and 
 
 2. That the area of such recesses and openings do not, taken 
 
 together, exceed one-half of the whole area of the wall in. 
 which they are made : 
 Recesses may be made in party walls, provided that, 
 
 1. The backs of such recesses are not of less thickness than thirteen 
 
 inches ; and 
 
 2. That every recess so formed is arched over, and that the area of 
 
 such recess do not, taken altogether, exceed one-half of the 
 whole area of the wall of the storey in which they are made ; 
 and 
 
 3. That such recesses do not come within one foot of the inner face 
 
 of the external walls ; 
 
 But no opening shall be made in any party wall except in accordance 
 with the rules of this Act : 
 
 The word area, as used in this section, shall mean the area of the 
 vertical face, or elevation of the wall, pier, or recess to which it 
 refers. 
 
 MISCELLANEOUS. 
 
 14. Loophole frames may be fixed within one inch and a-half of As to timber 
 the face of any external wall ; but all other woodwork fixed in any i Q external 
 
 calls. 
 
 of wood, without footing of brickwork for a foundation, built on wooden 
 joists laid on the ground, without being let into or fastened to the soil, is a 
 building within the meaning of this Act ; Stevens v. Gourley, supra. 
 
 (f) See definition of several descriptions of walls, section 3, ante ; and 
 see Metropolis Management and Building Acts Amendment Act, 1878, 
 Part II., section 16, empowering the metropolitan board to make bye- laws 
 with respect to the foundations and sites of houses, and other require- 
 ments.
 
 280 APPENDIX. THE METROPOLITAN BUILDING 
 
 PABT I. external wall, except bressummers and story-posts under the same, 
 - and frames of doors and windows of shops on the ground story of any 
 
 Section 14. building, shall be set back four inches at the least from the external 
 face of such wall. 
 
 Rules as to 15. The following rales shall be observed with respect to bres- 
 
 bressummers. summers and timbers : 
 
 1. Every bressummer must have a bearing in the direction of its 
 
 length of four inches at the least at each end, upon a sufficient 
 pier of brick or stone, or upon a timber or iron story-post 
 fixed on a solid foundation, in addition to its bearing upon 
 any party wall ; and the ends of such bressummer shall not 
 be placed nearer to the centre line of the party wall than four 
 and a-half inches : 
 
 2. No bond timber or wood plate shall be built into any party 
 
 wall, and the ends of any beam or joist bearing on such walls 
 shall be at the least four and a-half inches distant from the 
 centre line of the party walls : 
 
 3- Every bressummer bearing upon any party wall must be borne by 
 a templet or corbel of stone or iron tailed through at least 
 half the thickness of such wall, and of the full breadth of the 
 bressummer. 
 
 Height and 16. If any gutter, any part of which is formed of combustible 
 
 thickness of materials, adjoins an external wall, then such wall must be carried 
 parapets to up so as to form a parapet one foot at the least above the highest 
 external part of such gutter, and the thickness of the parapet so carried up 
 
 walls. must be at the least eight and a-half inches, reckoned from the level 
 
 of the under side of the gutter plate. 
 
 Height of 17. Eveiy party wall shall be carried up above the roof flat or 
 
 party walls gutter of the highest building adjoining thereto, to such height as 
 above roof. will give a distance of fifteen inches measured at right angles to the 
 slope of the roof, or fifteen inches above the highest part of any flat 
 or gutter, as the case may be ; and every party wall shall be carried 
 up above any turret, dormer, lantern light, or other erection of com- 
 bustible materials fixed upon the roof or flat of any building within 
 four feet from such party wall, and shall extend at the least twelve 
 inches higher and wider on each side than such erection ; and every 
 party wall shall be carried up above any part of any roof opposite 
 thereto, and within four feet from such party wall. 
 
 As to chases 18. In a party wall no chase shall be made wider than fourteen 
 
 in party inches, nor more than four and a half inches deep from the face of 
 
 walls. the wall, nor so as to leave less than eight and a half inches of thick- 
 
 ness at the back or opposite side thereof, and no chase may be made 
 within a distance of seven feet from any other chase on the same side 
 of the wall. 
 
 As to con- 
 struction of 
 roofs. 
 
 19. The roofs of buildings shall be constructed as follows ; that is 
 to say, 
 
 1. The flat, gutter, and roof of every building, and every turret, 
 
 dormer, lantern light, skylight, or other erection placed on the 
 flat or roof thereof, shall be externally covered with slates, 
 tiles, metal, or other incombustile materials, except the doors, 
 door frames, windows, and window frames of such dormers, 
 turrets, lantern lights, skylights, or other erections : 
 
 2. The plane of the surface of the roof of a warehouse or other
 
 ACT, 1855, 18 & 19 VICT. c. 122, s. 20. 281 
 
 building used either wholly or in part for purposes of trade PAET I. 
 
 or manufacture shall not incline from the external or party - 
 
 walls upwards at a greater angle than forty-seven degrees Section 19. 
 with the horizon. 
 
 20. The following rules shall be observed as to chimnies and Rules as to 
 flues : chimnies and 
 
 1. Chimnies built on corbels of brick, stone, or other incombustile 
 
 materials may be introduced above the level of the ceiling of 
 the ground story if the work so corbelled out does not project 
 from the wall more than the thickness of the wall, but all 
 other chimnies shall be built on solid foundations, and with 
 footings similar to the footings of the wall against which they 
 are built : 
 
 2. Chimnies and flues having proper doors of not less than six 
 
 inches square may be constructed at any angle, but in every 
 other chimney or flue the angles shall be constructed of an 
 obtuseness of not less than one hundred and thirty degrees, 
 and shall be properly rounded : 
 
 3. An arch of brick or stone or a bar of wrought iron must be 
 
 built over the opening of every chimney to support the breast 
 thereof, and if the breast projects more than four and a half 
 inches from the face of the wall, and the jamb on either side 
 is of less width than seventeen and a half inches, the abut- 
 ments must be tied in by an iron bar or bars turned up and 
 down at the ends and built into the jambs for at least eight 
 and a half inches on each side : 
 
 4. The inside of every flue, and the back or outside, unless forming 
 
 part of the outer face of an external wall, must be rendered, 
 pargeted, or lined with fireproof piping : 
 
 5. The jambs of every chimney must at the least be eight and a 
 
 half inches wide on each side of the opening thereof : 
 
 6. The breast of every chimney, and the front, withe, partition, 
 
 and back of every flue, must at the least be four inches in 
 thickness : 
 
 7. The back of every chimney opening, from the hearth up to the 
 
 height of twelve inches above the mantel, must at the least be 
 eight and a half inches thick if in a party wall, or four and a 
 half inches thick if not in a party wall : 
 
 8. The thickness of the upper side of every flue, when its course 
 
 makes, with the horizon, an angle of less than forty-five 
 degress, must be at the least eight and a half inches : 
 
 9. Every chimney shaft shall be carried up in brick or stone work 
 
 all round, at the least four inches thick, to a height of 'not less 
 than three feet above the roof, flat, or gutter adjoining thereto, 
 measured at the highest point in the line of junction with 
 such roof, flat, or gutter : 
 
 10. The brickwork or stonework of any chimney shaft, excepting 
 that of the furnace of any steam engine, brewery, distillery, or 
 manufactory, shall not be built higher above the roof, flat, or 
 gutter adjoining thereto, measured from the highest point in 
 the line of junction with such roof, flat, or cutter, than a 
 height equal to six times the least width of such chimney shaft 
 at the level of such highest point in the line of junction, 
 unless such chimney shaft is built with and bonded to another 
 chimney shaft not in the same line with the first, or otherwise 
 rendered secure : 
 
 11. There shall be laid, level with the floor of every story, before
 
 282 
 
 PART I. 
 Section 20. 
 
 Rules as to 
 close fires 
 and pipes 
 for convey- 
 ing vapour, 
 &c. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 the opening of every chimney, a slab of stone, slate, or other 
 incombustible substance, at the least twelve inches longer 
 than the width of such opening, and at the least eighteen 
 inches wide in front of the breast thereof : 
 
 12. On every floor, except the lowest floor, such slab shall be laid 
 wholly upon stone or iron bearers, or upon brick trimmers ; 
 but on the lowest floor it may be bedded on the solid 
 ground : 
 
 13. The hearth or slab of every chimney shall be bedded wholly 
 
 on brick, stone, or other incombustible substance, and shall be 
 solid for a thickness of seven inches at the least beneath the 
 upper surface of such hearth or slab : 
 
 14. No flue shall be built against any party structure (a) unless a 
 
 withe is properly secured thereto, at the least four inches in 
 thickness : 
 
 15. No chimney breast or shaft built with or in any party wall 
 shall be cut away unless the district surveyor certifies that 
 it can be done without injuriously affecting the stability of 
 any building : 
 
 16. No chimney shaft, jamb, breast, or flue shall be cut into except 
 for the purposes of repair, or doing some one or more of the 
 following things : 
 
 Of letting in or removing or altering fhies, pipes, or funnels 
 for the conveyance of smoke, hot air, or steam, or of 
 letting in, removing, or altering, smoke jacks : 
 
 Of forming openings for soot doors, such openings to be 
 fitted with a close iron door and frame : 
 
 Of making openings for the insertion of ventilating valves, 
 subject to the following restriction, That no opening 
 shall be made nearer than twelve inches to any timber 
 or combustible substance ; 
 
 17. No timber or woodwork shall be placed, 
 
 In any wall or chimney breast nearer than twelve inches to 
 
 the inside oi any flue or chimney opening ; 
 Under any chimney opening within eighteen inches from 
 the upper surface of the hearth of such chimney 
 opening ; 
 
 Within two inches from the face of the brickwork or stone- 
 work about any chimney or flue, where the substance of 
 such brickwork or stonework is less than eight and a 
 half inches thick, unless the face of such brickwork or 
 stonework is rendered ; 
 
 And no wooden plugs shall be driven nearer than six inches 
 to the inside of any flue or chimney opening, nor any iron 
 holdfast or other iron fastening nearer than two inches 
 thereto. 
 
 21. The following rules shall be observed as to close fires, and 
 pipes for conveying heated vapour or water ; that is to say, 
 
 1. The floor under every oven or stove used for the piirpose of 
 
 trade or manufacture, and the floor around the same for a space 
 of eighteen inches, shall be formed of materials of an incom- 
 bustible and non-conducting nature : 
 
 2. No pipe for conveying smoke, heated air, steam, or hot water 
 
 shall be fixed against any building on the face next to any 
 street, alley, mews, or public way : 
 
 (a) See definition of " party structure" section 3, ante.
 
 ACT, 3855, 18 & 19 VIOT. c. 122, ss. 2124. 283 
 
 3. No pipe for conveying heated air or steam shall be fixed nearer PART I. 
 
 than six inches to any combustible materials : - 
 
 4. No pipe for conveying hot water shall be placed nearer than oCCtlon 21. 
 
 three inches to any combustible materials : 
 
 5. No pipe for conveying smoke or other products of combus- 
 
 tion shall be fixed nearer than nine inches to any combustible 
 
 material : 
 
 And if any person fails in complying with the rules of this section 
 he shall for each offence incur a penalty not exceeding twenty pounds, 
 to be recovered before a justice of the peace (6). 
 
 22. The following rules shall be observed with respect to accesses Rules as to 
 and stairs : accesses 
 
 In every public building (c), and in every other building contain- and stairs 
 ing more than one hundred and twenty-five thousand cubic feet, ni certain 
 and used as a dwelling house for separate families, the floors of buildings. 
 the lobbies, corridors, passages, and landings, and also the flights 
 of stairs, shall be of stone or other fire-proof material, and car- 
 ried by supports of a fire-proof material. 
 
 23. The following rules shall be observed with respect to habitable Rules as to 
 rooms in any building ; that is to say, habitable 
 
 1. Every habitable room hereafter constructed in any building, rooms. 
 
 except rooms in the roof thereof and cellars and underground 
 rooms, shall be in every part at the least seven feet in height 
 from the floor to the ceiling : 
 
 2. Every habitable room hereafter constructed in the roof of every 
 
 building shall be at the least seven feet in height from the 
 floor to the ceiling throughout not less than one half the area 
 of such room : 
 
 3. Cellars and underground rooms shall be constructed in manner 
 
 directed by the said Act for the better local management of the 
 
 metropolis (d) : 
 
 And whosoever knowingly suffers any room that is not constructed 
 in conformity with this section to be inhabited shall, in addition to 
 any other liabilities he may be subject to under this Act, incur a 
 penalty not exceeding twenty shillings for every day during which such 
 room is inhabited (e) ; and any room in which any person passes 
 the night shall be deemed to be inhabited within the meaning of this 
 Act. 
 
 24. Every party arch, and every arch or floor over any public way, ^ P^v 
 or any passage leading to premises in other occupation, shall be ar< ^ es over 
 formed of brick, stone, or other incombustible materials : If an arch *" 
 
 of brick or stone is used, it shall, in cases where its span does not 
 exceed nine feet, be of the thickness of four and a half inches at the 
 least, but when its span exceeds nine feet, be of the thickness of eight 
 
 (b) As to recovery of penalties, see section 103, and as to their applica- 
 tion, section 104. 
 
 (c) See section 3, ante. 
 
 (d) See provisions as to underground rooms and cellars, 18 & 19 Viet. 
 C. 120, s. 103, and City of London Sewers Act, 11 & 12 Viet. c. 163, s. 11, 
 et seq. 
 
 (e) As to recovery of penalties, see section 103 ; and see section 62 of 
 25 & 26 Viet. c. 102, ante. See as to conditions to construction of 
 arches and cellars under street, 18 & 19 Viet. c. 120, s. 101; and see 
 section 125 of City of London Sewers Act, 11 & 12 Viet. c. 163.
 
 284 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 PAST I. and a half inches at the least : If an arch or floor of iron or other 
 - incombustible material is used, it shall be constructed in such manner 
 
 Section 24. as ma y ^ e approved by the district surveyor. 
 
 As to arches 25. Every arch under any public way shall be formed of brick, 
 under public stone, or other incombustible materials : If an arch of brick or stone 
 ways. is used, it shall, in cases where its span does not exceed ten feet, be 
 
 of the thickness of eight and a half inches at the least ; where its 
 span does not exceed fifteen feet, it shall be of the thickness of 
 thirteen inches at least ; and where its span exceed fifteen feet, it 
 shall be of such thickness as may be approved by the district sur- 
 veyor : If an arch or other construction of iron or other incombustible 
 material is used, it shall be constructed in such manner as may be 
 approved by the district surveyor (a). 
 
 Rules as to 26. The following rules shall be observed as to projections (I) : 
 
 projections. i. Every coping, cornice, facia, window dressing, portico, balcony, 
 
 verandah, balustrade, and architectural projection or decora- 
 tion whatsoever, and also the eaves or cornices to any over- 
 hanging roof, except the cornices and dressings to the window 
 fronts or shops, and except the eaves and cornices to detached 
 and semi-detached dwelling houses distant at least fifteen feet 
 from any other building, and from the ground of any adjoin- 
 ing owner, shall, unless the metropolitan board otherwise 
 permit (c) be of brick, tile, stone, artificial stone, slate, cement, 
 or other fire-proof material : 
 
 2. In streets or alleys of a less width than thirty feet, any shop 
 
 front may project beyond the external wall of the building to 
 which it belongs for five inches and no more, and any cornice 
 of any such shop front may project thirteen inches and no more ; 
 and in any street or alley of a width greater than thirty feet, 
 any shop front may project ten inches and no more, and the 
 cornice may project for eighteen inches from the external 
 walls, but no more : 
 
 3. No part of the woodwork of any shop front shall be fixed nearer 
 
 than four and a half inches from the line of junction of any 
 adjoining premises, unless a pier or corbel of stone, brick, or 
 other fire-proof material, four and a half inches wide at the 
 least, is built or fixed next to such adjoining premises as high 
 as such woodwork is fixed, and projects an inch at the least in 
 front of the face thereof : 
 
 4. The roof, flat, or gutter of every building, and every balcony, 
 
 verandah, shop front, or other projection, must be so arranged 
 and constructed, and so supplied with gutters and pipes, as to 
 
 (a) Under 18 & 19 Viet. c. 120, s. 101, no vault, arch, or cellar can be 
 made under any street, without the consent of the vestry or district board. 
 
 (6) Compare as to buildings projecting beyond the regular line, section 143 
 of Metropolis Local Management Act (now repealed), and the substituted 
 enactment, section 75 of 25 & 26 Viet. c. 102, ante. See as to projec- 
 tions under the first-mentioned Act, sections 119, 120, and section 74, 
 of 25 & 26 Viet. c. 102. And see 57 Geo. 3, c. 29, s. 72, post. See also 
 City Sewers Act, 11 & 12 Viet. c. 163, ss. 154, 186, 188. The Building 
 Act does not take away the power of justices to adjudicate on a complaint 
 under 57 Geo. 3, c. 29, in case of encroachments on public highways by 
 projections from buildings; E. v. Ingham, 17 Q. B. 884, and see E. v. 
 Pratt, 24 L. T. 235. 
 
 (c) See rules of metropolitan board referred to in note (e), infra.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 2628. 285 
 
 prevent the water therefrom from dropping upon or running PAET I. 
 over any public way : - 
 
 5. Except in so far as is permitted by this section in the case of oGCtton zo. 
 shop fronts, and with the exception of water pipes and their 
 appurtenances, copings, cornices, facias, window dressings, and 
 other like architectural decorations, no projection from any 
 building shall extend beyond the general line of fronts in any 
 street (rf), except with the permission of the metropolitan 
 board of works hereinafter mentioned (e). 
 
 27. The following rules shall be observed as to the separation of Rules as to 
 buildings, and limitation of their areas : the separa- 
 
 1. Every building shall be separated by external or party walls tion of baild- 
 
 from any adjoining building : ings, and 
 
 2. Separate sets of chambers or rooms tenanted by different persons limitation of 
 
 shall, if contained in a building exceeding three thousand six their areas, 
 hundred square feet in area, be deemed to be separate build- 
 ings, and be divided accordingly, so far as they adjoin verti- 
 cally by party walls, and so far as they adjoin horizontally by 
 party arches or fire-proof floors : 
 
 3. If any building in one occupation is divided into two or more 
 
 tenements, each having a separate entrance and staircase, 
 or a separate entrance from without, every such tenement 
 shall be deemed to be a separate building for the purposes of 
 this Act : 
 
 4. Every warehouse, or other building used either wholly or in 
 
 part for the purposes of trade or manufacture, containing more 
 than two hundred and sixteen thousand cubic feet, shall be 
 divided by party walls in such manner that the contents of 
 each division thereof shall not exceed the above-mentioned 
 number of cubic feet (/). 
 
 28. The following rules shall be observed as to uniting build- Rules as to 
 ingsfo); Citing 
 
 1. No buildings shall be united unless they are wholly in the same buildin g s - 
 
 occupation : 
 
 2. No buildings shall be united, if when so united they will, con- 
 
 (d) It is a question of fact for the magistrate whether the locality in 
 question is or is not a street ; Newman v. Baker, 8 C. B. (N.S.) 200. See 
 JR. v. Dayman, 7 E. & B. 672. See cases cited under section 143 of Metro- 
 polis Local Management Act, 1855. 
 
 (e) Therefore balconies, verandahs, balustrades, and the like architectural 
 projections require the permission of that board for their construction. See 
 rules of metropolitan board relative to applications under this enactment, 
 and 75th section of Metropolis Management Amendment Act, 1862. See 
 also E. v. Justices of Llanfillo, 35 L. T. (N.s.) 277. 
 
 (/) See the amending Act, 13 & 14 Viet. c. 52, post, providing that 
 these rules shall not apply to buildings to be used for the manufacture of 
 machinery and boilers of steam vessels, subject to certain conditions in the 
 proviso. 
 
 (y) Where two houses Nos. 66 and 67 in A. had been united by means of 
 an opening in the party wall between them, and B. being the occupier of 
 these two houses, and of No. 6 in L. lane, made two openings in the wall 
 dividing No. 6 and No. 67 ; held, that these openings must be made in 
 accordance with the requirements of this section ; Ashby v. Woodthorpe, 
 33 L. J. M. C. 68. This only applies to existing buildings, and not to a 
 building added to an old one ; Scott v. Legg 41 J. P. 40; 773 C. A. ; L. R. 
 Ex. D. (C.A.) 39.
 
 286 
 
 PAET I. 
 Section 28. 
 
 As to open 
 spaces near 
 dwelling 
 houses. 
 
 Construction 
 of public 
 buildings. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 sideral as one building only, be in contravention of any of the 
 provisions of this Act : 
 
 3. No opening shall be made in any party wall dividing buildings, 
 
 which, if taken together, would contain more than two hundred 
 and sixteen thousand cubic feet, except under the following 
 conditions : 
 
 Such opening shall not exceed in width seven feet or in 
 
 height eight feet : 
 
 Such opening shall have the floor, jambs, and head formed 
 of brick, stone, or iron, and be closed by two wrought 
 iron doors, each one fourth of an inch thick in the 
 panel, at a distance from each other of the full thick- 
 ness of the wall, fitted to rebated frames, without wood- 
 work of any kind ; 
 
 4. Whenever any buildings which have been united cease to be in 
 
 the same occupation, any openings made in the party walls 
 dividing the same shall be stopped up with brick or stone 
 work of the full thickness of the wall itself, and properly 
 bonded therewith. 
 
 29. Every building used or intended to be used as a dwelling house, 
 unless all the rooms can be lighted and ventilated from a street or 
 alley adjoining, shall have in the rear or on the side thereof an open 
 space exclusively belonging thereto of the extent at least of one 
 hundred square feet. 
 
 30. Notwithstanding anything herein contained, every public 
 building (a), including the walls, roofs, floors, galleries, and stair- 
 cases, shall be constructed in such manner as may be approved by the 
 district surveyor, or, in the event of disagreement, may be deter- 
 mined by the metropolitan board ; and, save in so far as respects the 
 rules of construction, every public building shall throughout this Act 
 be deemed to be included in the term building, and be subject to all 
 the provisions of this Act, in the same manner as if it were a build- 
 ing erected for a purpose other than a public purpose. 
 
 Buildings 
 to be super- 
 vised by 
 district 
 surveyors. 
 
 DISTRICT SURVEYORS. 
 
 31. With the exemption hereinbefore mentioned (I), every build- 
 ing, and every work done to, in, or upon any building, shall be sub- 
 ject to the supervision of the district surveyor appointed to the 
 district in which the building is situate. 
 
 (a) The rules in the Act do not apply to a public building such as a church, 
 but such buildings must be constructed in such a manner as may be 
 approved by the district surveyor, or in the event of disagreement, be deter- 
 mined by the metropolitan board ; R. v. Carruthers,3B L. J. M. C.107. The 
 41 & 42 Viet. c. 32, s. 11, post, empowers the metropolitan board to require 
 the owners of houses or other places of public resort, &c., in structures where 
 special danger from fire may result to the public, to make alterations therein 
 under a penalty of 50. 
 
 (b) See exemptions, section 6, ante. By section 9, every work done for 
 any purpose, except that of necessary repair, not affecting the construction 
 of any external or party wall in, to, or upon, any old building, or in, to, or 
 upon any new building after the roof has been covered in, is made subject 
 to the regulations of this Act. The exemptions, properly so called, are con- 
 tained in the 6th section. The 9th section describes what shall be excepted 
 from the operation of the Act ; see the case of Badger \. Denn, note to 
 section 9, ante.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 8235. 
 
 32. The following things may be done by the metropolitan board 
 of works, established by the said Act for the better local management 
 of the metropolis, by order, at their discretion ; that is to say, 
 
 1. They may alter the limits of any district, or unite any two or 
 
 more districts together, and in any such case place such 
 altered district under the supervision of any existing or of 
 any future district surveyor, with power from time to time 
 to alter any district so made, and do all such matters and 
 things as are necessary for carrying into effect the power 
 hereby given : 
 
 2. They may dismiss any existing district surveyor, with the con- 
 
 sent of one of Her Majesty's principal secretaries of state ; 
 they may suspend any such surveyor as last aforesaid ; they 
 may dismiss or suspend any future district surveyor ; and in 
 case of any suspension or during any vacancy they may 
 appoint a temporary substitute : 
 
 3. Whenevery any vacancy occurs in the office of any existing or 
 
 future district surveyor they may appoint another qualified 
 person in his place : 
 
 4. They may pay such amount of compensation as they think fit 
 
 to any district surveyor who may be deprived of his office, in 
 pursuance of the power hereby given of altering the limits of 
 districts : 
 
 But, subject to the provisions herein contained, the several places 
 which at the time when this Act comes into operation are constituted 
 districts under an Act passed in the eighth year of the reign of Her 
 present Majesty, chapter eighty-four, and intituled "An Act for 
 regulating the construction and use of buildings in the metropolis 
 and its neighbourhood," for the purposes of that Act, shall continue to 
 be districts for the purposes of this Act, and the several persons who 
 at the time when this Act comes into operation are district surveyors 
 under the provisions of the said Act shall continue to be district 
 surveyors under this Act. 
 
 33. The institute of British architects may from time to time cause 
 to be examined, by such persons and in such manner as they think 
 fit, all candidates presenting themselves for the purpose of being 
 examined as to their competency to perform the duties of district 
 surveyor, and shall grant certificates of competency to the candidates 
 found deserving of the same ; and no person who has not already 
 filled the office of district surveyor, or has not already obtained a 
 certificate of competency in pursuance of the said Act of the eighth 
 year of the reign of Her present Majesty, chapter eighty-four, shall 
 be qualified to be appointed to that office, unless he has received a 
 certificate of competency from the said institute of British architects, 
 or has been examined in such other manner as the said metropolitan 
 board may direct, and been found competent in such examination. 
 
 34. Every district surveyor shall have and maintain an office at his 
 own expense in such part of his district as may be approved by the 
 metropolitan board of works. 
 
 287 
 
 PAET I. 
 Section 32. 
 
 Power to 
 metropolitan 
 board of 
 works estab- 
 lished under 
 18 & 19 Viet, 
 c. 120. 
 
 Examination 
 by institute 
 of British 
 architects 
 (c). 
 
 District sur- 
 veyor to have 
 and maintain 
 an office. 
 
 35. If any district surveyor is prevented by illness, infirmity, or District sur- 
 any other unavoidable circumstance from attending the duties of his veyor may 
 
 (c) See section 66 of former Building Act, 7 & 8 Viet. c. 84, as to exami- 
 nation and certificates of qualification of surveyors of metropolitan building.
 
 288 
 
 PAET I. 
 Section 35. 
 
 appoint 
 deputy, with 
 consent. 
 Assistant 
 surveyor 
 may be ap- 
 pointed on 
 emergency. 
 
 District 
 surveyor not 
 to act in case 
 of works 
 under his 
 professional 
 superinten- 
 dence. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 office, he may, with the consent of the metropolitan board, of works, 
 appoint some other person as his deputy to perform all his duties for 
 such time as he may be prevented from executing them. 
 
 36. If at any time it appears to the metropolitan board of works 
 that, on account of the pressure of business in any district, or any 
 other account, the surveyor of that district cannot discharge his duties 
 promptly and efficiently, then such board may direct any other district 
 surveyor to assist the surveyor of such district in the performance of 
 his duties, or appoint some other person to give such assistance, and 
 such assistant surveyor shall be entitled to receive all fees payable in 
 respect of the services performed by him. 
 
 37. If any building is executed, or any work done to, in, or upon 
 any building, by or under the superintendence of any district sur- 
 veyor acting professionally or on his own private account, it shall not 
 be lawful for such surveyor to survey any such building for the pur- 
 pose of this Act, or to act as district surveyor in respect thereof or in 
 any matter connected therewith, but it shall be his duty to give notice 
 thereof to the said metropolitan board, who shall then appoint some 
 other district surveyor to act in respect of such matter. 
 
 Notices to 
 he given to 
 district 
 surveyor hy 
 huilder (a). 
 
 District sur- 
 veyor to 
 cause rules 
 of this Act 
 to be 
 observed. 
 
 NOTICES TO DISTRICT SURVEYORS. 
 
 38. Two days before the following acts or event, that is to say, 
 Two days before any building, or any work to, in, or upon any 
 
 building is commenced, and also, if the progress of any such 
 building or work is after the commencement thereof suspended 
 for anyperiod exceeding three months, two days before such build- 
 ing or work is resumed, and also if during the progress of any 
 such building or work the builder employed thereon is changed, 
 then two days before any new builder enters upon the con- 
 tinuance of such building or work, it shall be the duty of the 
 builder engaged in building or rebuilding such building, or in exe- 
 cuting such work, or in continuing such building or work, to give 
 to the district surveyor notice in writing stating the situation, area, 
 and height, and intended use of the building or buildings about to be 
 commenced, or to, in, or upon which any work is to be done, and 
 the number of such buildings if more than one, and also the par- 
 ticulars of any such proposed work, and stating also his own name 
 and address, but any works to, in, or upon the same building that 
 are in progress at the same time may be included in one notice. 
 
 39. Every district surveyor shall, upon the receipt of any such 
 notice as aforesaid, and also upon any work affected by the rules of 
 this Act, but in respect of which no notice has been given, being 
 observed by or made known to him, and also from time to time during 
 the progress of any works affected by the rules and directions of this 
 Act, as often as may be necessary for securing the due observance of 
 
 (a) See as to limitation of time for proceedings by district surveyor where 
 due notice has not been given, section 105 ; as to notices to vestries and dis- 
 trict boards before beginning to lay or dig foundations of new buildings, 
 see 18 & 19 Viet. c. 120. s. 76, and 25 & 26 Viet. c. 102, s. 88, ante; and in 
 case of buildings within the city of London, 11 & 12 Viet, c 163, s. 63. See 
 section 44, post, as to proceeding in cases of emergency. Also Metropolis 
 Management and Buildings Acts Amendment Act, 1878, as to deposit of 
 plans, &c.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 3945. 289 
 
 such rules, survey any building or work hereby placed under their PAET I. 
 supervision, and cause all the rules of this Act to be duly ob- 
 
 served. Section 39. 
 
 40. Every notice given in pursuance of this Act shall be deemed, Notice to be 
 in any question relative to any building or work, to be primd facie evidence of 
 evidence as against such builder of the nature of the building or work intended 
 proposed to be built or done. works. 
 
 41. If any builder neglects to give notice in any of the cases afore- Penalty on 
 said, or execute any works of which he is hereby required to give notice builders 
 before giving the same, or having given due notice of any works exe- neglecting to 
 cutes the same before the expiration of two days from the time of gi ye notice, 
 giving such notice, such builder shall for every such offence 
 
 incur a penalty not exceeding twenty pounds, to be recovered before a 
 justice of the peace (6). 
 
 42. At all reasonable times during the progress of any building or District sur- 
 work affected by this Act it shall be lawful for the district surveyor veyor may 
 to enter and inspect such building or work ; and if any person refuse to enter and 
 admit such surveyor to inspect such building or work, or refuses or inspect 
 neglects to afford such surveyor all reasonable assistance in such in- buildings 
 spection, in every such case the offender shall incur for each offence affected by 
 a penalty not exceeding twenty pounds, to be recovered before a justice tn * s Act. 
 
 of the peace. Penalty for 
 
 refusal. 
 
 43. The district surveyor may at all reasonable times enter any District sur- 
 premises, with the exception of buildings hereinbefore exempted by veyor may 
 name, for the purpose of ascertaining whether any buildings erected enter build- 
 in such premises are in such a situation or possess such characteristics ing to ascer- 
 as are hereinbefore required in order to exempt them from the opera- tain as to 
 tion of this Act, and he may do all such things as are necessary for exempted 
 the above purpose ; and if any person refuses to admit such surveyor buildings, 
 to enter such premises or to inspect any such building, or neglects to 
 
 afford to him all reasonable assistance in such inspection, in every 
 such case the offender shall incur for each offence a penalty not 
 exceeding twenty pounds to be recovered before a justice of the 
 peace (c). 
 
 44. If by reason of any emergency any act or work is required In case of 
 to be done immediately, or before notice can be given as aforesaid, emergency 
 then it shall be lawful to do the act or work so required to be done, works may 
 upon condition that before the expiration of twenty-four hours after be commenced 
 such act or work has been begun notice thereof is given to the district without 
 surveyor. notice. 
 
 PROCEEDINGS BY DISTRICT SURVEYORS IN CASE OF IRREGULARITY. 
 
 45. In the following cases, that is to say, Notice by 
 If in erecting any building or in doing any work to, in, or upon any district sur- 
 
 building, anything is done contrary to any of the rules of this veyor in case 
 Act, or anything required by this Act is omitted to be done; or of irregula- 
 In cases where due notice has not been given, y 
 
 (J) As to recovery of penalties, see section 103. 
 (c) See note (b), supra.
 
 290 
 
 PABT I. 
 Section 45. 
 
 On non- 
 compliance 
 with notice, 
 justice to 
 summon 
 builder, and 
 make order 
 to comply 
 with requi- 
 sition. 
 
 Penalty on 
 non-com- 
 pliance with 
 order of 
 justice. 
 
 Penalty on 
 workmen, 
 &c., doing 
 anything 
 contrary to 
 rules of Act. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 If the district surveyor, on surveying or inspecting any building or 
 work, finds that the same is so far advanced that he cannot 
 ascertain whether anything has been done contrary to the rules 
 of this Act, or whether anything required by the rules of this 
 Act has been omitted to be done; 
 
 In every such case the district surveyor shall give to the builder en- 
 gaged in erecting such building, or in doing such work, notice in 
 writing requiring such builder, within forty-eight hours from the date 
 of such notice, to cause anything done contrary to the rules of this 
 Act to be amended, or to do anything required to be done by this Act, 
 but which has been omitted to be done, or to cause so much of any 
 building or work as prevents such district surveyor from ascertaining 
 whether anything has been done or omitted to be done as aforesaid 
 to be to a sufficient extent cut into, laid open, or pulled down. 
 
 46. If the builder to whom such notice is given makes default in 
 complying with the requisition thereof within such period of forty- 
 eight hours, the district surveyor may cause complaint of such non- 
 compliance to be made before a justice of the peace, and such justice 
 shall thereupon issue a summons requiring the builder so in default 
 to appear before him ; and if upon his appearance, or in his absence,, 
 upon due proof of the service of such summons, it appears to such 
 justice that the requisitions made by such notice or any of them are 
 authorized by this Act, he shall make an order on such builder com- 
 manding him to comply with the requisitions of such notice or any of 
 such requisitions that may in his opinion be authorized by this Act, 
 within a time to be named in such order. 
 
 47- If such order is not complied with, the builder on whom it is 
 made shall incur a penalty not exceeding twenty pounds a day, to be 
 recovered before a justice of the peace, during every day of the Con- 
 tinuance of such noncompliance, and in addition thereto the district 
 surveyor may, if he thinks fit, proceed with a sufficient num ber of 
 workmen to enter upon the premises, and do all such things as may 
 be necessary for enforcing the requisitions of such notice, and for 
 bringing any building or work into conformity with the rules of 
 this Act, and all expenses incurred by him in so doing and in any 
 such proceedings as aforesaid, may be recovered from the builder on 
 whom such order was made, in a summary manner, beforea justice of the 
 peace, or may be recovered from the owner of the premises in the same 
 manner in which expenses incurred by the commissioners hereinafter 
 named in respect of dangerous buildings are hereinafter directed to- 
 be recovered from any owner (a) ; and if the owner cannot be found, 
 or if, on demand, he refuses or neglects to pay the aforesaid expenses, 
 the district surveyor shall have the same power of taking and selling 
 the building in respect of which the order is made, and of applying 
 the proceeds, as is thereby given to the commissioners. 
 
 48. If any workman, labourer, servant or other person employed in 
 or about any building, wilfully and without the privity or consent of 
 the person causing such work to be done, does anything in or about 
 such building contrary to the rules of this Act, he shall for each such 
 offence incur a penalty not exceeding fifty shillings (6). 
 
 l'a) See sections 73, 74, and 97. 
 (b) See section 103.
 
 ACT, 1855, 18 & 19 VICT c. 122, ss. 4951. 291 
 
 PAET I. 
 FEES OF DISTRICT SURVEYORS. Section 49. 
 
 49. There shall be paid to the district surveyors (c) in respect of Payments to 
 the several matters specified in the first part of the second schedule district sur- 
 hereto, the fees therein specified (d), or such other fees, not exceeding ve J ors in 
 the amounts therein specified, as may from time to time be directed res Pf c * * 
 by the metropolitan board of works; but one fee only shall be j? 8 ;. fc m 
 chargeable with respect to any such works done in, to, or upon any of^^j 
 building as are in pursuance of the provisions hereinbefore contained sc |j e( j u i c 
 included in one notice ; and if in consequence of any reduction 
 
 being made by the said metropolitan board in the amount of the 
 said scheduled fees the income of any existing district surveyor is 
 diminished, the metropolitan board shall grant to him compensation 
 in respect of such diminution. 
 
 50. If any special service is required to be performed by the dis- Metropolitan 
 trict surveyor under the first part of this Act, for which no fee is board may 
 specified in the said schedule, the metropolitan board of works may appoint special 
 order such fee to be paid for such service as they think fit, and the fees for ser- 
 district surveyor shall have the same remedy for recovering such v j ces no * P ro ~ 
 special fee as if the same were expressly named in the said schedule. y ided for. 
 
 51. At the expiration of the following periods, that is to say, Periods when 
 
 of one mouth after the roof of any building surveyed by any dis- titled to fees. 
 
 trict surveyor under this Act has been covered in, 
 of fourteen days after the completion of any such work as is by 
 
 this Act placed under the supervision of the district surveyor, 
 of fourteen days after any special service in respect of any build- 
 ing has been performed, 
 
 the district surveyor shall be entitled to receive the amount of fees 
 due to him from the builder employed in erecting such building, or 
 in doing such work, or in doing any matter in respect of which any 
 special service has been performed by the surveyor, or from the 
 owner (e) or occupier of the building so erected or in respect of 
 which such work has been done or service performed ; and if any 
 such builder, owner, or occupier refuses to pay the same,- such fees 
 may be recovered in a summary manner before a justice of the 
 
 (c) By section 3 this includes any deputy or assistant surveyor appointed 
 under the Act. 
 
 (d) Where a builder was employed to construct a series of arches for 
 cellars under a public street or streets surrounding a vacant piece of land 
 to be let for building, the district surveyor was decided to be entitled to a 
 fee of 10s. in respect of each distinct building to which any given number 
 of the arches is to be appropriated ; a matter of fact to be determined by 
 the magistrate. His decision is subject to appeal under 20 & 21 Viet. c. 43, 
 notwithstanding the appeal clause, section 106 ; Power v. Wigmore, L, R. 
 7 C. P. 386. See as to construction of section 79 of former Building Act, 
 7 & 8 Viet. c. 84, subjecting surveyor, &c., demanding, or wilfully receiving 
 higher fees than he was entitled to; R. v. Badger, 6 El. & Bl. 137. 
 See now powers of the metropolitan board under section 54, post, in case 
 of unauthorized fees. 
 
 (e) See definition of owner, section 3. The ground landlord is not an 
 owner within this section and section 3 ; Evelyn v. WTiichcord, 27 L. J. 
 M. C. 211. 
 
 U 2
 
 OQ2 
 
 APPENDIX. THE METROPOLITAN BTJTLPING 
 
 PAET I. peace (a) upon its being shown to the satisfaction of such justice 
 that a proper bill specifying the amount of such fees was delivered 
 Section 51. to such builder, owner, or occupier, or sent to him in a registered 
 letter addressed to his last known residence. 
 
 RETURNS BY DISTRICT SURVEYORS. 
 
 District sur- 52. Every district surveyor shall, within seven days after the first 
 
 eyor to make day of every month, make a return to the metropolitan board of 
 works, in such manner as they may appoint, of all notices and /com- 
 plaints received by him relative to the business of his district, and 
 the results thereof, and of all matters brought by him before any 
 justice of the peace, and of all the several works supervised and 
 special services performed by him in the exercise of his office within 
 the previous month, and of all fees charged or received in respect 
 thereof, and specify in such return the description and locality of 
 every building built, rebuilt, enlarged, or altered, or on which any 
 work has been done under his supervision, with the particular nature 
 of every work in respect of which any fee has been charged or 
 received. 
 
 monthly re 
 turns to 
 metropolitan 
 board of 
 works. 
 
 Return duly 
 signed to be a 
 certificate that 
 works are 
 agreeable to 
 Act. 
 
 Superintend- 
 ing architect 
 to audit ac- 
 counts of fees 
 charged by 
 district sur- 
 veyors, and to 
 report in case 
 of excess. 
 
 53. Every such return shall be signed by such surveyor, and shall 
 be deemed to be a certificate that all the works enumerated therein 
 as completed have been done in all respects agreeably to this Act, 
 according to the best of his knowledge and belief, and that they have 
 been duly surveyed by him. 
 
 54. The officer hereinafter mentioned as the superintending archi- 
 tect of metropolitan buildings, or such other officer as the metropoli- 
 tan board of works appoint, shall from time to time examine the said 
 monthly returns made by the district surveyors ; and in case any 
 fees therein specified appear to such officer to be unauthorized by this 
 Act, or to exceed in amount the rates hereby made payable, or in case 
 any such account appears to be in any respect fraudulent or untrue, 
 he shall make his report in writing to that effect to the metropolitan 
 board of works, who shall thereupon take such steps in the matter as 
 they deem expedient. 
 
 Power for 
 metropolitan 
 board of 
 works to 
 modify rules. 
 
 POWERS OF METROPOLITAN BOARD OF WORKS. 
 
 55. The metropolitan board of works may, by order, made with 
 the consent of Her Majesty in council, alter, in such manner as they 
 may think fit, the rules for the regulation of the thickness of walls 
 contained in the first schedule hereto. 
 
 Buildings to 56- Whenever any builder is desirous of erecting any iron build- 
 which rules of ing, or any other building to which the rules of this Act are in- 
 
 This means the owner for the time being, when the fees became due ; 
 Tubb v. Good, 39 L. J. M. C. 135 ; L. R. 5 Q. B. 443. 
 
 Where the own* r in fee of building land agreed to grant leases for 99 
 years, and the lessee built houses taereon, it was held that the lessee and 
 not the owner in fee was the owner within this Act, and liable to the fees ; 
 Caudwell v. Hanson, L. R. 7 Q. B. 55. 
 
 (a) See section 103. The decision of the justice is the subject of appeal 
 under 20 & 21 Viet. c. 43 ; Power v. Wigmore, note to section 49, ante.
 
 . ACT, 1855, 18 & 19 VICT. c. 122, ss. 5660. 293 
 
 applicable (6), he shall make an application to the metropolitan PART I. 
 board of works, stating such desire, and setting out a plan of the - 
 
 proposed building, "with such particulars as to the construction Section 5o. 
 thereof as may be required by the said board ; and the latter, if ^ c ^. ^g j n _ 
 satisfied with such plan and particulars, shall signifv their approval applicable, 
 of the same, and thereupon such building may be' constructed ac- 
 cording to such plan and particulars ; but it shall not be lawful for 
 such board to authorize any warehouse or other building used either 
 wholly or in part for the purposes of trade or manufacture to be 
 erected of greater dimensions than two hundred and sixteen thousand 
 cubic feet, unless it is divided by party walls in manner hereinbefore 
 required. 
 
 57. The said metropolitan board may, for the purpose of regulating Power of 
 the proceedings of such applicants as aforesaid, from time to time metropolitan 
 issue such general rules as to the time and manner of making such board ^ make 
 applications, as to the plans to be presented, as to the expenses to be g eueral rules - 
 incurred, and as to any other matter or thing connected therewith, as 
 
 they may think fit. 
 
 58. The approval by the metropolitan board of works of any Approval of 
 plans or particulars, in pursuance of the foregoing provisions, shall board how 
 be signified by writing under the hand of the superintending archi- signified, 
 tect of metropolitan buildings, and countersigned by the chairman of 
 
 such board, or by any other officer appointed by the board. 
 
 59. The said metropolitan board may from time to time prepare or Board to issue 
 sanction forms of the various notices required by this Act, and may forms of 
 from time to time make such alterations therein as they deem re- notices, 
 quisite ; and they shall cause every such form to be sealed with the 
 
 seal of the board, or marked with some other distinguishing mark ; 
 and any notice made in a form sanctioned by the board shall in all 
 proceedings be held sufficient in law. 
 
 60. All expenses incurred in and about the obtaining such approval Expenses of 
 of the metropolitan board of works as aforesaid shall be paid by the orders to be 
 builder to the said superintending architect, or to such other person borne by 
 
 as the said board may appoint, and in default of payment may be builders (c). 
 recovered in a summary manner. 
 
 (J) By a regulation of the Metropolitan Board of Works, all builders or 
 others who may be desirous of erecting any chimney-shaft of a steam-engine 
 brewery, distillery, or manufactory, or any iron building or other building 
 to which the rules of this Act are inapplicable, shall, before commencing 
 any such building, make an application to the board requesting their ap- 
 proval thereof, setting out a plan and section (with all scantlings figured) 
 of the proposed building, and such other necessary particulars as may be 
 required by the board. When a chimney-shaft is applied for the arrange- 
 ments to be made for the consumption of the smoke from the furnaces with 
 reference to the Sanitary Act of 1866, must be shown on plan. 
 
 By section 16 of Metropolis Management and Building Acts Amend- 
 ment Act, 1878, the board may provide for the due observance of bye-laws, 
 by enacting such provisions as to the deposit of plans and sections of public 
 buildings, and buildings to which section 58 applies, with other powers, 
 
 See the Act, post. 
 
 (c) By a regulation of the Metropolitan Board of Works, on deposit of 
 
 applications under section 56 a fee of five shillings must be paid into the
 
 294 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 PAET I. 
 
 61. A copy of any plans and particulars, approved by the metro- 
 politan board of works, shall be furnished to the surveyor within 
 Section 61. ^ v i lose district the building to which such plans and particulars relate 
 is situate, and thereupon it shall be the duty of such district surveyor 
 to ascertain that the same is built in accordance with the said plans 
 and particulars. 
 
 District sur- 
 veyor to see 
 plans carried 
 into execution 
 (a). 
 
 Power to 
 metropolitan 
 board to ap- 
 point superin- 
 tending archi- 
 tect and 
 clerks. 
 
 Superintend- 
 ing architect 
 may appoint 
 deputy, with 
 consent. 
 
 Salaries to 
 architect and 
 clerks. 
 
 62. The metropolitan board of works may, for the purpose of aiding 
 in the execution of this Act, appoint some tit person, to be called the 
 " Superintending Architect of Metropolitan Buildings," together with 
 such number of clerks as they think fit ; such architect and clerks 
 shall be removable by the said metropolitan board, and shall perform 
 such duties as the said board direct ; but it shall not be lawful for 
 any superintending architect to practise as an architect, or to follow 
 any other occupation. 
 
 63. If the superintending architect is prevented by illness, in- 
 firmity, or any other unavoidable circumstance from attending to the 
 duties of his office, he may, with the consent of the metropolitan 
 board of works, appoint some other person as his deputy to perform 
 all his duties for such time as he may be temporarily prevented from 
 executing them. 
 
 64. There shall be paid to such superintending architect and 
 clerks such salaries as the said metropolitan board may from time to 
 time direct. 
 
 EXPENSES. 
 
 Power of 
 metropolitan 
 board to pay 
 salaries. 
 
 Moneys re- 
 ceived by 
 superintend- 
 ing architect 
 to be paid to 
 the metropoli- 
 tan board. 
 
 Metropolitan 
 board may pay 
 salaries out of 
 rates. 
 
 65. The said metropolitan board may at any time hereafter, by 
 order, cause such fixed salary as they may determine to be paid to 
 any district surveyor by way of remuneration instead of fees, pro- 
 vided the amount of such remuneration be not less than the amount 
 of the average of the fees for the last three years ; and thereupon such 
 surveyor shall pay all fees received by him under this Act into the 
 hands of the said superintending architect. 
 
 66. All moneys received by the sxiperintending architect in pur- 
 suance of this Act shall be accounted for and paid by him into the 
 hands of the treasurer of the said metropolitan board, at such time 
 and in such manner as the said board may direct. 
 
 67. The said metropolitan board may at any time hereafter pro- 
 vide, either wholly or partially, for the payment ol salaries to the 
 district surveyors, or to any of them, out of the rates (b) leviable by 
 such board, in piirsuance of the said Act for the better local manage- 
 
 hands of the cashier of the board, and a further fee of five shillings on 
 obtaining the order of the board approving the design of the building, and 
 in no case will the work be allowed to proceed until the fees are paid. 
 
 (a) This provision seems intended to incorporate the 45th and subsequent 
 sections, relating to proceedings by district surveyors in case of irregularity. 
 
 By the regulation of the metropolitan board, in the event of the sanction 
 of the board, duplicate drawings or tracings on cloth must be supplied by 
 the applicant for transmission to the district surveyor for his guidance. 
 
 (b) See 171st section, et seq., of Metropolis Local Management Act, 
 1855, and section 5 of Metropolis Management Amendment Act, 1862.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 6772. 295 
 
 ment of the metropolis, and may thereupon abolish or reduce any PAST I. 
 fees hereby made payable to the district surveyors. - 
 
 68. All expenses of carrying into execution this Act, not hereby Expenses, how 
 otherwise provided for, shall be deemed to be expenses incurred by borne, 
 the said metropolitan board in the execution of the said Act for the 
 better local management of the metropolis, and shall be raised and 
 paid accordingly (c). 
 
 PART II. PAET II. 
 
 Dangerous 
 DANGEROUS STRUCTURES. Structures. 
 
 69. Whenever it is made known to the commissioners hereinafter Survey to be 
 named that any structure (including in such expression any building, made of 
 wall, or other structure, and anything affixed to or projecting from dangerous 
 any building, wall, or other structure), is in a dangerous state, such structures, 
 commissioners shall require a survey of such structure to be made by ^/j\' 
 the district surveyor, or by some other competent surveyor, and it s ' ' '' 
 shall also be the duty of the district surveyor to make known to the 
 
 said commissioners any information he may receive with respect to 
 any structure being in such state as aforesaid. 
 
 70. In cases Avhere any such structure is situate within the city Definition of 
 of London or the liberties thereof, hereinafter included under the "commis- 
 expression "the city of London," the expression "the commis- sioners. 
 sioners" shall mean "the commissioners of sewers of the city of 
 
 London ; " but when such structure is situate elsewhere it shall mean 
 41 the commissioners of police of the metropolis," (e) or such one of 
 them as may be authorized by one of Her Majesty's principal secre- 
 taries of state to act in the matter of this Act. 
 
 71. Upon the completion of his survey the surveyor employed Surveyor on 
 shall certify to the said commissioners his opinion as to the state of com P letlon . of 
 any such structure as aforesaid. Sur 7.f *? S ive 
 
 72. If such certificate is to the effect that such structure is not in Proceedings 
 
 -a dangerous state, no further proceedings shall be had in respect to be taken in 
 
 thereof, but if it is to the effect that the same is in a dangeroiis state, respect of 
 
 the commissioners shall cause the same to be shored up, or otherwise certificate, 
 secured, and a proper hoard (/) or fence to be put up for the protec- 
 
 (c) See note to preceding section. 
 
 (d) If an ancient erection, such as a house, is suffered to become insecure 
 and dangerous to passers by, the remedy is by indictment for a nuisance ; 
 .8. v. Watts, 1 Salk. 357, cited as an authority in the judgment of the court 
 in Fisher v. Prowse, 2 B. & S. 779. 
 
 (c) The powers of the metropolitan commissioners of police are by the 
 Metropolitan Building Act, 1869, transferred to the Metropolitan Board of 
 Works. 
 
 (/ ) A custom by the mayor and common council of the city of London 
 to put up hoards for the safety of passengers was held good ; Bradbee v. 
 Christ's Hospital, 4 M. & G. 714, 756, 764.
 
 296 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 PART II 
 
 RT II. tion of passengers, and shall cause notice in writing to be s given to 
 the owner or occupier of such structure requiring him torthwith to 
 Section 72. take down, secure, or repair the same, as the case requires, 
 
 73. If the owner or occupier to whom notice is given as last afore- 
 said i'ails to comply, as speedily as the nature of the case permits, 
 
 On non-com- 
 pliance with 
 notice justice 
 to summon 
 owner, &c., 
 and make 
 order to com- 
 ply with 
 requisition. 
 
 If owner can- 
 not be found, 
 commissioners 
 may sell 
 
 , 
 
 with the requisition of such notice, the said commissioners may make 
 complaint thereof before a justice of the peace ; and it shall l>e law- 
 ful for such justice to order the owner, or on his default the occupier, 
 of any such structure to take down, repair, or otherwise secure, to the 
 satisfaction of the surveyor who made such survey as aforesaid, or of 
 such other surveyor as the said commissioners may appoint, such 
 structure or such part thereof as appears to him to be in a dangerous 
 state, within a time to be fixed by such justice ; and in case the same 
 is not taken down, repaired, or otherwise secured within the time so 
 limited, the said commissioners may with all convenient speed cause 
 all or so much of such structure as is in a dangerous condition, to 
 be taken down, repaired, or otherwise secured, in such manner as 
 may be requisite ; and all expenses (a) incurred by the said commis- 
 sioners in respect of any dangerous structure by virtue of the second 
 part of this Act shall be paid by the owner (b) of such structure, 
 but without prejudice to his right to recover the same from any 
 lessee or other person liable to the expenses of repairs. 
 
 74. If such owner cannot be found, or if, on demand, he refuses or 
 neglects to pay the aforesaid expenses, the said commissioners, after 
 giving three months notice of their intention to do so, by posting a 
 
 (a) The metropolitan board were held entitled to recover against the 
 owner of a dangerous structure, in addition to the surveyor's fees and sums 
 charged for preparing notices and forms, but not for general office ex- 
 penses ; Metropolitan Board of Works v. Flight, 43 L. J. M. C. 46 ; L. R. 
 9 Q. B. 58, 
 
 (b) Persons who were seised in fee of a building used as a chapel, which 
 they had let on lease for a term of twenty years, were held not to be liable to 
 payment of these expenses, and the lessee was decided to be the owner within 
 the meaning of this enactment ; Mourilyan v. Labalmondiere, 30 L. J. M. C. 
 95. See Ex parte Overseers of Saffron Hill, 18 Jnr. 1104, under section 
 42 of the former Building Act, 7 & 8 Viet. c. 84. See case where these 
 expenses incurred by a tenant for life became a charge on the property ; 
 Ex parte Davis, 4 Jur. (N.S.) 1029. See as to necessary averments in an 
 order of a magistrate for payment of expenses incurred by commissioners 
 under this section, viz., that the person had been summoned and the com- 
 plaint adjudged to be true ; Labalmondiere v. Prest, 1 E. & E. 527 ; as to 
 time of making complaint in respect of these expenses ; Labalmondiere v. 
 Addison, 1 E. & E. 41. The ground landlord was held not an owner within 
 sections 3 and 51, see Hunt v. Harris, ]9 C. B. (N.S.) 13; Caudwell v. 
 Hanson, L. R. 7 Q. B. 55, and Cowen v. Phillips, 33 Beav. 18. 
 
 A party having long lease of house at a small ground rent, and subletting 
 it to different inmates at a rackrent, either on lease or from year to year, is 
 owner within these sections ; Hunt and others v. Harris, 3 Cox Mag. Ca. 
 293. See judgment distinguishing Evelyn v. Whichcord, 27 L. J. M. C. 
 211 ; and Mourilyan v. Labalmondiere, 16 C. B. (N.S.) 298 ; also a tenant 
 under an agreement for a lease ; Cowen v. Phillips, 33 Beav. 18. The 
 court refused a mandamus to a magistrate to issue a warrant to enforce 
 payment by the incumbent of a district church, All Saint's Church, Lambeth, 
 of the expenses of repairing the tower certified to be dangerous, on the ground 
 that he was not the owner within the Act, although the freehold was vested 
 in him within the Church Building Acts ; Metropolitan Board of Works v. 
 Lee L. R. 4 Q. B. 75.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 7477. 297 
 
 printed or written notice in a conspicuous place on the structure in PAET II. 
 respect of which or of part of which they have incurred expense, or - 
 
 on the land whereon it stands, may sell (c) such structure, and they Section 74. 
 shall, after deducting from the proceeds of such sale the amount of s t ruc ture, 
 all expenses (d) incurred by them, restore (e) the surplus (if any) to giving the 
 the owner. surplus to 
 
 owner, &c. 
 
 75. All payments hereby directed to be made by or to the cominis- p ayineu t s DV 
 sioners shall in the cases of payments in respect of any structure or to ^ e y 
 situate within the city of London be made by or to the chamberlain comnris- 
 of the city out of or to the consolidated rate made by the commis- sioners, how 
 sioners of sewers, and in the cases of payments in respect of any made, 
 structure situate elsewhere within the limits of this Act be made by 
 or to the receiver of metropolitan police, in the same manner in 
 which payments are made by or to such chamberlain and receiver 
 respectively in the ordinary course of their business ; but no Com- 
 missioner or other officer shall be liable in respect of any loss that 
 may be sustained by any person in consequence of the exercise by 
 the said commissioners of the powers hereby given them, unless such 
 loss happens through the wilful default of such commissioner or 
 other officer. 
 
 76. In cases where any surplus is hereby made payable to any Surplus, how 
 owner, if no demand for the same is made by any person entitled to be applied 
 thereto within one year, then the same shall be paid into the if no demand 
 Bank of England in the name and with the privity of the Ac- made for ' li - 
 countant general of the Court of Chancery (/), to be placed to his 
 
 account there to the credit of the owner (describing him so far as the 
 commissioners can), subject to the control of the court, and to be paid 
 out to the owner on his applying by petition, and proving his title 
 thereto. 
 
 77. There shall be paid to the district surveyor, or to such other p ees to dis- 
 surveyor as aforesaid, in respect of his services under the second part trict surveyor, 
 of this Act, such fees, not exceeding the amounts specified in the 
 
 second part of the second schedule hereto, as may from time to time 
 be directed by the said metropolitan board. 
 
 (c) By section 41 of the former Building Act, 7 & 8 Viet. c. 84, the lord 
 mayor and aldermen or overseers were empowered to sell and dispose of 
 such of the materials as they should judge necessary. It is probable that 
 the present enactment gives no greater power. Expenses incurred by a 
 tenant for life in reinstating ruinous structures held a charge on the pro- 
 perty ; He Davis' s Estate and Crystal Palace and WestEnd Railway Com- 
 pany, 3 De G. & J. 144. See as to non-liability of a company to compen- 
 sation under a local Act, where party wall of a house taken was condemned 
 as ruinous ; E. v. Hungerford Market Company, 1 A. & Ell. 668. 
 
 (d) See Sradbee v. Christ's Hospital, 1 M. & G. 714. The Metropolis 
 Management and Building Acts Amendment Act, 1878, section 19, empowers 
 the purchaser, his agents and servants, to enter upon land whereon any 
 structure bought is standing, for the purpose of taking down and removing 
 the same; any person who refuses to admit the purchaser, &c., upon such 
 land, or impedes him in removing the materials, shall be liable to a penalty 
 not exceeding 10, and to a penalty of 5 for every day after the first day 
 during which such refusal continues. 
 
 (e) The 41st section of a former Building Act made the surplus payable 
 on demand ; see Simpson v. South, 2 B. & C. 682. 
 
 (/) Now the paymaster general ; 35 & 36 Viet. c. 44.
 
 298 
 
 PART II. 
 Section 78. 
 
 Metropolitan 
 board may 
 appoint special 
 fees for ser- 
 vices not pro- 
 vided for. 
 Fees to be 
 deemed part 
 of expenses. 
 
 Justice of 
 peace may 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 to be 
 removed 
 from dan- 
 gerous struc- 
 tures. 
 
 Powers of 
 commis- 
 sioners to 
 appoint 
 officers. 
 
 78. If any special service is required to be performed by the dis- 
 trict surveyor, or by such other surveyor as aforesaid, under the second 
 part of this Act, for which no fee is specified in the said schedule, 
 the said metropolitan board may order such fee to be paid for such 
 service as they think fit. 
 
 79. All fees paid to the district surveyor, or to such other surveyor 
 as aforesaid, by virtue of the second part of this Act, shall be deemed 
 to be expenses incurred by the said commissioners in the matter 
 of the dangerous structure in respect of which such fees are paid, and 
 shall be recoverable by them from the owner accordingly. 
 
 80. In cases where a structure has been certified by a district sur- 
 veyor, or such other surveyor as aforesaid, to be dangerous to its 
 inmates, a justice of the peace may, if satisfied of the correctness of 
 such certificate (), upon the application of the said commissioners, by 
 order under his hand direct any inmates of such structure to be 
 removed therefrom by a constable or other peace officer, and if they 
 have no other abode he may require them to be received into the 
 workhouse established for the reception of the poor of the place in 
 which such structure is situate. 
 
 81. Subject to the approval of one of Her Majesty's principal 
 secretaries of state, the said commissioners may appoint such persons 
 at such salaries, and make such regulations, as they think fit for 
 carrying into execution the second part of this Act ; and all expenses 
 incurred by them not hereby otherwise provided for shall, in the case 
 of expenses incurred by the said commissioners of police, be deemed 
 to be expenses incurred by them in respect of the police force of 
 which they are commissioners, and be payable accordingly (b) ; and 
 all expenses incurred by the said commissioners of sewers shall be 
 paid out of the said consolidated rate. 
 
 PAST III. 
 
 Party 
 Structures. 
 
 PART III. 
 
 PARTY STRUCTURES (c). 
 
 Definition 
 of building 
 owner and 
 adjoining 
 owner. 
 
 PRELIMINARY. 
 
 82. In the construction of the following provisions relating to party 
 structures, such one of the owners of the premises separated by or 
 adjoining to any party structure as is desirous of executing any work 
 in respect to such party structure shall be called the building owner, 
 and the owner of the other premises shall be called the adjoining 
 
 (a) The certificate of the surveyor of a corporation that a building was 
 dangerous was held conclusive of the fact that it was dangerous; Cheetham 
 v. Corporation of Manchester, 39 J. P. 343. 
 
 (b) Now the Metropolitan Board of Works, see note to section 70, ante. 
 
 (c) See definition of " party structure," section 3, ante. In a case under a 
 Local Improvement Act, it was held that a wall might be a party wall to 
 such height as it is common to two buildings, and cease to be a party wall 
 for the rest of its height ; Weston v. Arnold, L. R. 8 Ch. 1084
 
 ACT, 1855, 18 & 19 VICT. c. 122, s. 83. 299 
 
 PAST III. 
 EIGHTS OP BUILDING AND ADJOINING OWNERS. Section 83 
 
 83. The building owner shall have the following rights in relation Rights of 
 to party structures ; that is to say, building 
 
 (1.) A right to make good or repair any party structure that is owner ' 
 defective or out of repair : 
 
 (2.) A right to pull down and rebuild any party structure that is 
 so far defective or out of repair as to make it necessary or 
 desirable to pull down the same (d) : 
 
 (3.) A right to pull down any timber or other partition that divides 
 any buildings, and is not conformable with the regulations 
 of this Act, and to build instead a party wall conformable 
 thereto : 
 
 (4.) In the case of buildings having rooms or stories the property 
 of different owners intermixed, a right to pull down such of 
 the said rooms or stories or any part thereof as are not built 
 in conformity with this Act, and to rebuild the same in 
 conformity with this Act : 
 
 (5.) In the case of buildings connected by arches or communications 
 over public ways or over passages belonging to other 
 persons, a right to pull down such of the said buildings, 
 arches, or communications, or any part thereof, as are not 
 built in conformity with this Act, and to rebuild the same 
 in conformity with this Act : 
 
 (6.) A right to raise any party structure permitted by this Act to 
 be raised (e) or any external wall built against such party 
 
 (structure, upon condition of making good all damage occa- 
 sioned thereby to the adjoining premises or to the internal 
 finishings and decorations thereof, and of carrying up to the 
 requisite height all flues and chimney stacks belonging to 
 the adjoining owner on or against such party structure or 
 external wall : 
 (7.) (/) A right to pull down any party structure that is of insuffi- 
 
 (d) A building owner pulling down a party wall under this section, is not 
 bound to protect by hoarding, rooms of an adjoining owner ; Thompson v. 
 Hill, 39 L. J. C. P. 264. But he is responsible for unnecessary damage ; 
 Sower v. Peate, L. R. 1 Q. B. D. 321 ; Dodd v. Holmes, 1 A. & E. 493 ; Crofts 
 v. Haldane, 8 B. & S. 194; Warlurton v. London and Blackwall Railway 
 Company, 1 Rail. C. 558; JSradbee v. Christ's Hospital, 4 M. & G. 714. 
 Held under the Act of Geo. 3, that a general covenant to repair did not 
 render the tenant liable to pay tbe expense of a party wall ; Sangster v. 
 Birkhead, 1 B. & S. 395, but he might bind himself by express covenant ; 
 Barrett v. Duke of Bedford, 8 T. R. 602, and see Moore v. Clarke, 
 5 Taunt. 89. 
 
 (e) The right hereby given of raising a party structure on condition of 
 making good all damage, does not authorize the raising of a structure so as 
 to obstruct ancient lights in the adjoining premises ; Crofts v. Haldane, 
 L. R. 2 Q. B. 194 ; 8 B. & S. 194. There being no right given by the 
 Act, there is no question for the arbitrator under section 85, ibid. And see 
 actions for obstructing light under former Building Act; Titterton v. 
 Conyer, 5 Taunt. 465, and Wells v. Ody, 1 M. & W. 452. This section 
 and the 85th do not apply to the case of the mere removal of a building 
 from an adjoining building without disturbing the party structure, and no 
 notice need be given ; Major v. Park Lane Company, L. R. 2 Eq. 453. 
 
 (f) Although a co-owner of a party wall could not at common law sue 
 the other co-owner for temporarily undermining the foundation of the wall
 
 300 
 
 PAET III. 
 Section 83. 
 
 Eights of 
 adjoining 
 owner. 
 
 Rules as to 
 exercise of 
 rights by 
 
 APPENDIX THE METROPOLITAN BUILDING 
 
 cient strength for any building intended to be built, and to 
 rebuild the same of sufficient strength for the above_ pur- 
 pose, upon condition of making good all damage occasioned 
 thereby to the adjoining premises, or to the internal finish- 
 ings and decorations thereof : 
 
 (8.) A right to cut into any party structure upon condition of mak- 
 ing good all damage occasioned to the adjoining premises 
 by such operation : 
 
 (9.) A right to cut away any footing or any chimney breasts, jambs, 
 or flues projecting from any party wall, in order to erect an 
 external wall against such party wall, or for any other pur- 
 pose, upon condition of making good all damage occasioned 
 to the adjoining premises by such operation : 
 (10.) A right to cut away or take down such parts of any wall or 
 building of an adjoining owner as may be necessary in con- 
 sequence of such wall or building overhanging the ground 
 of the building owner, in order to erect an upright wall 
 against the same, on condition of making good any damage 
 sustained by the wall or building by reason of such cutting 
 away or taking down : 
 
 (11.) A right to perform any other necessary works incident to the 
 connexion of party structure with the premises adjoining 
 thereto : 
 
 But the above rights shall be subject to this qualification, that any 
 building which has been erected previously to the time of this Act 
 coming into operation shall be deemed to be conformable with the 
 provisions of this Act if it is conformable with the provisions of an 
 Act passed in the fourteenth year of His late Majesty King George 
 the Third, chapter seventy-eight, or with the provisions of the said 
 Act of the eighth year of Her present Majesty, chapter eighty -four. 
 
 84. Whenever the building owner proposes to exercise any of the 
 foregoing rights with respect to party structures the adjoining owner 
 may require the building owner to build on any such party structure 
 certain chimney jambs, breasts, or flues, or certain piers or recesses, 
 or any other like works for the convenience of such adjoining owner ; 
 and it shall be the duty of the building owner to comply with such 
 requisition in all cases where the execution of the required works 
 will not be injurious to the building owner, or cause to him unneces- 
 sary inconvenience or unnecessary delay in the exercise of his right ; 
 and any difference that arises between any building owner and 
 adjoining owner in respect of the execution of such works as afore- 
 said shall be determined in manner in which differences between 
 building owners and adjoining owners are hereinafter directed to be 
 determined. 
 
 85. The following rales shall be observed with respect to the 
 exercise by building owners and adjoining owners of their respective 
 rights : 
 
 and making a new foundation when the work involved no danger to the 
 security of the wall, yet when within the area of the Metropolis Building 
 Act, such a right, being a right in relation to a party structure within this 
 section, cannot be carried out when a difference arises (unless both owners 
 concur in the appointment of one surveyor) except by the award of two 
 surveyors, and a third selected by them as provided by section 85, sub- 
 section 7 ; Standard Bank of British South America, v. Stokes, L. K. 
 9 Ch. D. 68.
 
 ACT, 1855, 18 & 19 VICT. c. 122, s. 85. 301 
 
 (1.) No building owner shall, except with the consent of the PABT III. 
 adjoining owner, or in cases where any party structure is - 
 
 dangerous, in which cases the provisions hereby made as to Section 85. 
 dangerous structures shall apply, exercise any right hereby buying and 
 given in respect of any party structure, unless he has given a( jjoinin- 
 at the least three months previous notice (a) to the adjoining owners. 
 owner by delivering the same to him personally, or by 
 sending it by post in a registered letter addressed to such 
 owner at his last known place of abode : 
 
 (2.) The notice so given shall be in writing or printed, and shall 
 state the nature of the proposed work, and the time at which 
 such work is proposed to be commenced : 
 
 (3.) No building owner shall exercise any right hereby given to 
 him in such manner or at such time as to cause unnecessary 
 inconvenience to the adjoining owner (6) : 
 
 (4.) Upon the receipt of such notice the adjoining owner may 
 require the building owner to build or may himself build on 
 any such party structure any works to the construction of 
 which he is hereinbefore mentioned to be entitled : 
 
 (5.) Any requisition so made by an adjoining owner shall be in 
 writing or printed, and shall be delivered personally to the 
 building owner within one month after the date of the 
 notice being given by him, or be sent by post in a registered 
 letter addressed to him at his last known place of residence: 
 It shall specify the works required by the adjoining owner 
 for his convenience, and shall, if necessary, be accompanied 
 with explanatory plans and drawings : 
 
 (6.) If either owner does not, within fourteen days after the deli- 
 very to him of any notice or requisition, express his consent 
 thereto, he shall be considered as having dissented therefrom, 
 and thereupon a difference shall be deemed to have arisen 
 between the building owner and the adjoining owner : 
 
 (7.) (c) In all cases not hereby specially provided for where a dif- 
 ference arises between a building owner and adjoining 
 owner in respect of any matter arising under this Act (d), 
 unless both parties concur in the appointment of one sur- 
 veyor they shall each appoint a surveyor, and the two 
 surveyors so appointed shall select a third surveyor, and 
 such one surveyor, or three surveyors, or any two of them, 
 
 (a) This notice is not necessary where the person proposes to pull down 
 a party wall between his own premises and premises also belonging to him, 
 but let to a tenant from year to year or a shorter term ; Wheeler v. Oray, 
 27 L. J. C. P. 267; 28 L. J. C. P. 200. See also Major v. Park Lane 
 Company, cited in note to section 83, sub-section 6, ante. Refer to Sims v. 
 Estate Company, 14 W. R. 419, as to notice to rebuild a wall erroneously 
 described as a party wall. 
 
 (6) A building owner pulling down a party wall is not bound to make a 
 hoard to protect rooms of adjoining owner exposed by the removal; 
 Thompson v. Hill, 39 L. J. C. P. 264, L. R. 5 C. P. 564; and see JBri/er v. 
 Willis, 23 L. T. (N.S.) 365. See S. v. Ponsford, 12 L. J. Q. B. 313, under 
 the former Act 14 Geo. 3, c. 78, s. 41. 
 
 (c) See Standard Bank British South America v. Stokes, note to section 
 83, sub-section 7, supra. 
 
 (d) But this does not apply where the act done is not authorized by the 
 statute; Crofts v. Haldane, L. R. 2 Q. B. 194. Where surveyors have 
 been appointed to settle differences between a building owner and an 
 adjoining owner as to a party wall, and the surveyors refused to appoint 
 an umpire, the court appointed an umpire under the Common Law Pro- 
 cedure Act, 1854 ; Ex part* HcBryde, L. R. 4 Ch. D. 200.
 
 302 APPENDIX THE METROPOLITAN BUILDING 
 
 PAST III. shall settle any matter in dispute between such building 
 
 - and adjoining owner, with power by his or their award to 
 
 Section 85. determine the right to do, and the time and manner of 
 
 doing any work, and generally any other matter arising out 
 
 of or incidental to such difference ; but any time so 
 
 appointed for doing any work shall not commence until 
 
 after the expiration of such period of three months, as is 
 
 hereinbefore mentioned : 
 
 (8.) Any award given by such one surveyor, or by such three sur- 
 veyors, or any two of them, shall be conclusive, and shall 
 not be questioned in any court, with this exception, that 
 either of the parties to the difference may appeal therefrom 
 to the county court within fourteen days from the date 
 of delivery of any such award as aforesaid, and such 
 county court may, subject as hereinafter mentioned, rescind or 
 modify the award so given in such manner as it thinks just : 
 
 (9.) If either party to the difference makes default in appointing 
 a surveyor for ten days after notice has been given to him by 
 the other party in manner aforesaid to make such appoint- 
 ment, the party giving the notice may make the appoint- 
 ment in the place of the party so making default : 
 
 (10.) The costs incurred in obtaining any such award as aforesaid 
 shall be paid by such party as such one surveyor, or three 
 surveyors, or any two of them, may determine : 
 
 (11.) If the appellant from any such award as aforesaid, on appear- 
 ing before the county court, declares his unwillingness to 
 have the matter decided by such court, and proves to the 
 satisfaction of the judge of such court that in the event of 
 the matter being decided against him he will be liable to 
 pay a sum, exclusive of costs, exceeding fifty pounds, and 
 gives security, to be approved by such judge, duly to pro- 
 secute his appeal and to abide the event thereof, all pro- 
 ceedings in the county court shall thereupon be stayed ; 
 and it shall be lawful for siich appellant to bring an action 
 in one of Her Majesty's superior courts of law at West- 
 minster (a) against the other party to the difference ; and 
 the plaintiff in such action shall deliver to the defendants 
 an issue or issues whereby the matters in difference between 
 them may be tried ; and the form of such issue or issues, in 
 case of dispute, or in case of the nonappearance of the 
 defendant, shall be settled by the court in which the action 
 is brought ; and such action shall be prosecuted and issue 
 or issues tried (6) in the same manner and subject to the 
 same incidents in and subject to which actions are prose- 
 cuted and issues tried in other cases within the jurisdiction 
 of such court, or as near thereto as circumstances admit : 
 
 (12.) If the parties to any such action agree as to the facts, a special 
 case may be stated for the opinion of any such superior 
 court as aforesaid, and any case so stated may be brought 
 before the court in like manner and subject to the same 
 incidents in and subject to which other special cases are 
 brought before such court, or as near thereto as circiun- 
 stances admit ; and any costs that may have been incurred 
 in the county court by the parties to such action as is 
 mentioned in this section shall be deemed to be costs incurred 
 in such action, and be payable accordingly. 
 
 (a) Now the High Court of Justice, 36 & 37 Viet. c. 66. 
 
 (b) See Judicature A<et, 1875, Order 26.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 8688. 303 
 
 86. Whenever any building owner has become entitled, in pur- PAKT III. 
 suance of this Act, to execute any work, it shall be lawful for him, 
 
 his servants, agents, or workmen, at all usual times of working, to 
 
 enter on any premises, for the purpose of executing and to execute Power for 
 
 such work, removing any furniture, or doing any other thing that building 
 
 may be necessary, and if such premises are closed he or they may, owner to 
 
 accompanied by a constable or other officer of the peace, break open make entry 
 
 any doors in order to such entry : and any owner or other person on premises 
 
 that hinders or obstructs any workman employed for any of the to effect 
 
 purposes aforesaid, or wilfully damages or injures the said work, shall works, 
 
 incur for every such offence a penalty not exceeding ten pounds, to Penalty on 
 
 be recovered before a justice of the peace. persons 
 
 87. Any adjoining owner may, if he thinks fit, by notice in writ- obstructm - 
 ing given by himself or his agent, require the building owner, before Security to 
 commencing any work which he may be authorized by this Act to be given by 
 execute, to give such security as may be agreed upon, or in case of " uutun g 
 difference may be settled by the judge of the county court, for the owne . r > ** 
 payment of all such costs and compensation in respect of such work as r ^ < l u . ir . e J 
 may be payable by such building owner. oWner!^ 
 
 88. The following rules shall be observed as to expenses in respect Rules as to 
 of any party structure (that is to say) ; expenses 
 
 As to expenses to be borne jointly by the building owner and in respect 
 adjoining owner : of party 
 
 (1.) If any party structure is defective or out of repair the expenses structure, 
 of making good or repairing the same shall be borne by the 
 building owner and adjoining owner in due proportion, 
 regard being had to the use that each owner makes of such 
 structure : 
 
 (2.) If any party structure is pulled down and rebuilt by reason of 
 its being so far defective or out of repair as to make it neces- 
 sary or desirable to pull down the same, the expense of 
 such pulling down and rebuilding shall be borne by the 
 building owner and adjoining owner in due proportion, 
 regard being had to the use that each owner makes of such 
 structure (c) : 
 
 (3.) If any timber or other partition dividing any building is 
 pulled down, in exercise of the right hereinbefore vested in a 
 building owner, and a party structure built instead thereof, 
 the expense of building such party structure, and also of 
 building any additional party structures that may be required 
 by reason of such partition having been pulled* down, shall 
 be borne by the building owner and adjoining owner in due 
 proportion, regard being had to the use that each owner 
 makes of such party structure, and to the thickness required 
 to the respective buildings parted thereby : 
 
 (4.) If any room or stories, or any part of rooms or stories, the 
 property of different owners, and intermixed in any build- 
 ing, are pulled down in pursuance of the right hereinbefore 
 vested in any building owner, and rebuilt in conformity 
 with this Act, the expense of such pulling down and rebuild- 
 ing shall be borne r>y the building owner and adjoining 
 
 (c) Where plaintiff was owner of a boundary wall on his own land, against 
 which he had built some closets, and defendant, his adjoining neighbour, 
 had recently built a substantial structure : held, that so far as these 
 buildings extended against both sides of the wall, it was a "party-wall" 
 within this Act, and defendant was entitled, on giving the proper notice, 
 to take down such part as might be necessary for the purpose of necessary 
 re-building; Knight v.Pursell, L. R. 11 Ch. D. 412.
 
 304 
 
 Rim III. 
 Section 88. 
 
 Account of 
 expenses of 
 works to be 
 delivered to 
 adjoining 
 owner 
 within one 
 month. 
 
 Adjoining 
 owner may 
 appeal 
 against 
 account. 
 
 APPENDIX THE METROPOLITAN BUILDING 
 
 owner iii due proportion, regard being had to the use that 
 each owner makes of such rooms or stories : 
 
 (5.) If any arches or communications, or any parts thereof, are 
 pulled down in pursuance of the right hereinbefore vested 
 in any building owner, and rebuilt in conformity with this 
 Act, the expense of such pulling down and rebuilding shall 
 be borne by the building owner and adjoining owner in due 
 proportion, regard being had to the use that each owner 
 makes of such arches or communications : 
 As to expenses to be borne by building owner : 
 
 (6.) If any party structure or external wall built against the same 
 is raised in pursuance of the power hereinbefore vested in 
 any building o\vner, the expense of raising the same, and of 
 making good all such damage, and of carrying up to the 
 requisite height all such flues and chimnies as are herein- 
 before required to be made good and carried up, shall be 
 borne by the building owner : 
 
 (7.) If any party structure which is of proper materials and sound, 
 or not so far defective or out of repair as to make it neces- 
 sary or desirable to pull down the same, is pulled down and 
 rebuilt by the building owner, the expense of pulling down 
 and rebuilding the same, and of making good all such 
 damage as is hereinbefore required to be made good, shall 
 be borne by the building owner : 
 
 (8.) If any party structure is cut into by the building owner, the 
 expense of cutting into the same, and of making good any 
 damage hereinbefore required to be made good, shall be 
 borne by such building owner : 
 
 (9.) If any footing, chimney breast, jambs, or floor is cut away in 
 pursuance of the powers hereinbefore vested in any building 
 owner, the expense of such cutting away, and of making 
 good any damage hereinbefore required to be made good, 
 shall be borne by the building owner. 
 
 89. Within one month after the completion of any work which any 
 building owner is by this Act authorized or required to execute, and 
 the expense of which is in whole or in part to be borne by an 
 adjoining owner, such building owner shall deliver to the adjoining 
 owner an account in writing of the expense of the work (a), specifying 
 any deduction to whicli such adjoining owner or other person may be 
 entitled in respect of old materials, or in other respects ; and every 
 such work as aforesaid shall be estimated and valued at fair average 
 rates and prices, according to the nature of the work and the locality, 
 and the market price of materials and labour at the time. 
 
 90. At any time within one month after the delivery of such 
 account, the adjoining owner, if dissatisfied therewith, may declare 
 his dissatisfaction to the party delivering the same, by notice in 
 writing given by himself or his agent, and specifying his objections 
 thereto ; and upon such notice having been given a difference shall 
 be deemed to have arisen between the parties, and such difference 
 shall be determined in manner hereinbefore provided (6) for the 
 determination of differences between building and adjoinin- owners. 
 
 (a) See action for expenses for rebuilding under the former Act, 14 Geo. 3, 
 c.78; Reading v. Barnard, M. & M. 71; see also Philip v. Donati, 
 2 Taunt. 62. 
 
 (*) See section 85, sub-section 7, et seq. as to settlement of differences 
 by arbitration.
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 9196. 305 
 
 91. If within such period of one month as aforesaid the party PAST III. 
 receiving such account does not declare in manner aforesaid his dis- _ ~ _ 
 satisfaction therewith, he shall be deemed to have accepted the same, Section yi. 
 and shall pay the same, on demand, to the party delivering the Building 
 -account, and if he fails to do so the amount so due may be recovered owner may 
 as a debt. recover, if 
 
 no appeal 
 
 92. Where the adjoining owner is liable to contribute to the expenses made. 
 
 of building any party structure, until such contribution is paid the Penalty on 
 
 building owner at whose expense the same was built shall stand pos- delay of 
 
 sessed of the sole property in such structure (c). payment by 
 
 adjoining 
 
 93. Where any building owner has incurred any expenses on the owner, 
 requisition of an adjoining owner, the adjoining owner making such As to expenses 
 requisition shall be liable for all such expenses, and in default of pay- incurred on 
 ment the same may be recovered from him as a debt. requisition 
 
 of adjoining 
 
 94. Where any building owner is, by the third part of this Act, owner, 
 liable to make good any damage he may occasion to the property of Penalty on 
 the adjoining owner by any works authorized to be executed by him, building 
 or to do any other thing upon condition of doing which his right to owner 
 execute such works is hereby limited to arise, and such building ^ a i un to 
 owner fails within a reasonable time to make good such damage or to 
 
 do such thing, he shall incur a penalty, to be recovered before a 
 justice of the peace, not exceeding twenty pounds for each day during 
 which such failure continues. 
 
 95. Where, in pursuance of this Act, any consent is required to be Consent 
 given, any notice to be served, or any other thing to be done by, on, haw given 
 or to any owner under disability, such consent may be given, such on Dena ^ 
 notice may be served, and such thing may be done by, on, or to the of P ersons 
 following persons, on behalf of such person under disability ; that is " n v/rt 
 to say, 
 
 By, on, or to a husband, on behalf of his wife : 
 By, on, or to a trustee, on behalf of his cestuique trust : 
 By, on, or to a guardian or committee, on behalf of an infant, idiot, 
 or lunatic. 
 
 96. Where any consent is required to be given or any other thing Consent 
 to be done by any owner in pursuance of this Act, if there is no how given 
 owner capable of giving such consent or of doing such thing, and no on behalf 
 person empowered by this Act to give such consent or to do such * persons 
 thing on behalf of such owner, or if any owner so capable, or any not *? 
 person so empowered, cannot be found, the judge of the county court 
 
 shall have power to give such consent or do or cause to be done such 
 thing on behalf of such owner, upon such terms and subject to such 
 conditions as he may think fit, having regard alike to the nature and 
 purpose of the subject matter in respect of which such consent is to 
 be given, and to the fair claims of the parties on whose behalf such 
 consent is to be given ; and such judge shall have power to dispense 
 with the service of any notice which would otherwise be required to 
 be served. 
 
 (c) The words which occurred in the former Building Act, 7 & 8 Viet, 
 c. 84, s. 46, " and of the ground whereon it stands," are omitted from the 
 present enactment. 
 
 (d) The operations in respect of which this liability arises are described 
 in the 83rd section, ante. 
 
 I
 
 306 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 PABT IV. 
 
 Miscellaneous 
 Provisions. 
 
 Section 97. 
 
 T o the 
 
 Payment of 
 expenses 
 by owners. 
 
 PAET IV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 97. Where it is hereby declared that expenses are to be borne by 
 __e owner of any premises (including in the term " owner" the 
 adjoining and building owner respectively), the following rules shall 
 be observed with respect to the payment of such expenses : 
 
 (].) The owner immediately entitled in possession (a), to such pre- 
 mises, or the occupier thereof, shall in the first instance pay 
 such expenses, with this limitation, that no occupier shall be 
 liable to pay any sum exceeding in amount the rent due or 
 that will thereafter accrue due from him in respect of such 
 premises during the period of his occupancy : 
 (2.) If there are more owners than one, every owner shall be 
 liable to contribute to such expenses in proportion to his 
 interest : 
 
 (3.) If any difference arises as to the amount of contribution, such 
 difference shall be decided by arbitration, to be conducted 
 in manner directed by the Companies Clauses Consolidation 
 Act, 1845 ; and for that purpose the clauses of the said Act 
 with respect to the settlement of disputes by arbitration 
 shall be incorporated with this Act (6) : 
 
 (4.) If some of the owners liable to contribution cannot be found, 
 the deficiency so arising shall be divided amongst the parties 
 that can be found : 
 
 (5.) Any occupier of premises who has paid any expenses under 
 this Act may deduct the amount so paid from any rent pay- 
 able by him to any owner of the same premises (c), and any 
 owner of premises who has paid more than his due propor- 
 tion of any expenses may deduct the amount so overpaid 
 from any rent that may be payable by him to any other 
 owner of the same premises : 
 
 (6.) If default is made by any owner or occupier in payment of 
 any expenses hereby made payable by him in the first 
 instance, or if default is made by any owner in payment of 
 any other expenses or moneys due from him by way of con- 
 tribution or otherwise in pursuance of this 'Act, then in 
 
 (a) See Ex parte Overseers of Saffron Rill, 24 L. J. M. C. 56, under 
 section 42, of the former Building Act, 7 & 8 Viet. c. 84. Under the 
 old Building Act, 14 Geo. 3, c. 78, it was held that a general covenant to- 
 repair did not make the tenant liable to any part of the expense of a party 
 wall ; Sangster v. Birkhead, 1 B. & P. 303 ; Beardmore v. Fox, 8 T. B. 
 214 ; except by express stipulation ; Barrett v. Duke of Bedford, 8 T. E. 
 602, and see Moore v. Clark, 5 Taunt. 90. As to liability of original 
 lessor after sale of term by lessee, see Southall v. Leadbetter, 3 T. R. 458. 
 And as to a lessee making improvements with resulting improved rent, 
 see Lambe v. Hemans, 2 B. & Al. 467. And see dicta of Lord Kenyon, and 
 Gibbs, C. J., in Stuart v. Smith, 2 Marsh. 435. And as to liability of 
 executors, see Thacker v. Wilson, 3 A. & E. 142. See also Horridge v. Wilson, 
 11 A. & E. 645. 
 
 (6) The sections of the Companies Clauses Act relative to the settlement 
 of disputes by arbitration commence with the 128th. 
 
 (o) But a tenant may, if he chooses, sue for the amount, in lieu of deduct- 
 ing it from his rent ; Earle v. Maugham, 14 C. B. (N.S.) 626.
 
 ACT, 1555, 18 & 19 VICT. c. 122, ss. 97101. 
 
 addition to any other remedies hereby provided such 
 expenses and moneys, if arising in respect of any matter 
 within the provisions of the third part of this Act, may be 
 recovered as a debt in due course of law, but if arising in 
 respect of any other matter under this Act may be recovered 
 in a summary manner. 
 
 307 
 
 PABT IV. 
 
 - 
 Section BY. 
 
 98. The following rules shall be observed with respect to the giv- ^Inles as to 
 ing or service of any notice, summons, or order directed to be given scrv ice of 
 
 or served under this Act in cases not hereinbefore provided for : notices, 
 
 (1.) A notice, summons, or order may in all cases be served per- summonses, 
 sonally : and orders. 
 
 (2. ) A notice, summons, or order may be served on any builder by 
 leaving the same or sending it in a registered letter addressed 
 to him at his place of address as stated by him to the dis- 
 trict surveyor, or by putting up such notice, summons, or 
 order on a conspicuous part of the building or premises to 
 which the same relates : 
 
 (3.) A notice, summons, or order may be served on the owner or 
 occupier of any premises by leaving the same with the 
 occupier of such premises, or with some inmate of his abode, 
 or if there is no occupier by putting up such notice, sum- 
 mons, or order on a conspicuous part of the building or 
 premises to which the same relates ; and it shall not be 
 necessary to name the owner or occupier of such premises ; 
 nevertheless, when the owner of any such premises and his 
 residence, or that of his agent, are known to the party by 
 whom or on whose behalf any notice, summons, or order is 
 intended to be served, it shall be the duty of such party to 
 send every such notice, summons, or order by the post in a 
 registered letter addressed to the residence or last known 
 residence of such owner or of his agent : 
 
 (4.) A notice, summons, or order may be served on any district 
 surveyor by leaving the same at his office. 
 
 99. Whenever any thing is hereby authorized to be done by a As to things 
 county court it may be done as follows ; that is to say, if such thing authorized 
 arises in respect of any structure or other subject matter situate to be done 
 within the city of London or the liberties thereof, by the sheriffs by a county 
 court established by a local Act passed in the eleventh year of the court, 
 reign of Her Majesty, chapter seventy-one, intituled " An Act for the 11 & 12 Viet, 
 more easy recovery of small debts and demands within the city of c. Ixxi. 
 London or the liberties thereof," and if such thing arises in respect of 
 
 any structure or other subject matter situate elsewhere, by the county 
 court having jurisdiction within the district in which such structure 
 or other subject matter is situate. 
 
 100. In cases where jurisdiction is hereby given to a county court, Manner of 
 such court may from time to time make such order in respect of determining- 
 matters so brought before it as it may think fit, with power to settle differences, 
 the time and manner of executing any work, or of doing any other 
 
 thing, and to put the parties to the case upon such terms as respects 
 the execution of the work as it thinks fit : It shall also have power 
 to award or refuse costs according to circumstances, and to settle the 
 amount thereof. 
 
 101. Proceedings in any county court in respect of any matter Form C 
 arising under this Act shall be conducted in the same manner as pro- coimlv court 
 
 x 2
 
 3Qg APPENDIX. THE METROPOLITAN BUILDING 
 
 Section 101. ceedings are conducted in any case within the ordinary jurisdiction 
 of such court, or as near thereto as circumstances permit ; and orders 
 made by the judge of any such court may be enforced by execution, 
 committal, or otherwise, in a similar manner to that in which the 
 orders of such court are ordinarily enforced. 
 
 Appeal from jQg. If either party in any case over which jurisdiction is hereby 
 
 decision of given to a county court feels aggrieved with the decision of such 
 county court. cour t in. respect of any point of law or the admission or rejection of 
 any evidence, he may appeal therefrom in the same manner and 
 upon the same terms in and upon which he might have appealed 
 from the decision of such court in any case within the ordinary juris- 
 diction of such court, or as near thereto as circumstances permit ; but 
 no such appeal shall be allowed unless the value of the matter in 
 difference between the parties exceeds fifty pounds ; and the opinion 
 of the judge before whom the case is tried as to such value shall 
 be conclusive. 
 
 Recovery of iQ3. All penalties under this Act, and all fees, moneys, costs, or 
 penalties. expenses by this Act directed to be recovered in a summary manner, 
 
 may be recovered in manner directed by an Act passed in the eleventh 
 and twelfth years of the reign of Her present Majesty Queen Victoria, 
 chapter forty-three, intituled " An act to facilitate the Performance of 
 the Duties of Justices of the Peace out of Sessions within England and 
 Wales with respect to summary convictions and orders (a)," and when- 
 ever anything is hereby authorized or required to be done by or 
 before a justice of the peace it may be done as follows ; that is to 
 say, if such thing arises in respect of any building or wall situate 
 within the city of London, by or before one or more justice or justices 
 of the peace for the said city or by any metropolitan police magis- 
 Application of trate (6), and if such things arise in respect of any building or wall 
 penalties. situate elsewhere within the limits of this Act, by or before any 
 
 metropolitan police magistrate. 
 
 104. Any justice of the peace in any case over which jurisdiction 
 is hereby given to him may make such orders as to the costs of any 
 proceedings of which he has cognizance as he thinks just ; he may 
 also direct the whole or any part of any penalty imposed by him 
 under this A ct to be applied in or towards payment of the costs of 
 
 Provisions as the proceedings ; and subject to such direction, all penalties shall be 
 to limitation paid into the hands of the treasurer of the said metropolitan board, to 
 of time when be applied in such manner as the said board thinks fit (c). 
 
 105. In cases where any building has been erected or work done 
 without due notice being given to the district surveyor, the district 
 surveyor may, at any time within one month after he has discovered 
 
 (a) It was held that, pursuant to this Act, the complaint upon which an 
 order for demolition is to be founded, must be made within six months 
 after the completion of a building erected contrary to the provisions of a 
 local Act; Morant v. Taylor, L. R. 1 Ex. D. (C.A.) 188; 45 L. J. 
 M. C. 78. 
 
 (b) This apparently gives a metropolitan police magistrate jurisdiction 
 over matters arising within the city of London. 
 
 (c) It was held, that before a conviction took place under the 17 & 18 
 Viet. c. 38 (suppressing gaming houses) at a metropolitan police court, the 
 receiver of metropolitan police was by virtue of the Metropolitan Police Act,
 
 ACT, 1855, 18 & 19 VICT. c. 122, ss. 105107. 309 
 
 that such building has been erected or work done, enter the premises Section 105. 
 
 for the purpose of seeing that the regulations of this Act have , ~~7" , 
 
 been complied with, and the time during which the district sur- JJJJJ e ' 
 
 veyor may take any proceeding, or do anything authorized or - iven 
 
 required by this Act to be done by him, in respect of such build- fe 
 ing or work, shall begin to run from the date of his discovering 
 that such building has been erected or work done. 
 
 106. In every case, except in respect of fees of a district surveyor, Power to 
 in which jurisdiction is herein-before given to a justice of the appeal to 
 peace, if either party to any such case is dissatisfied with the deter- sn penor 
 mination of the justice so convicting (d), in respect of any point cour * s - 
 of law, or of the admission or rejection of any evidence, such party 
 
 may, upon giving notice within seven days (e) to the other party 
 of his intention to appeal, appeal therefrom to any of the superior 
 courts of common law at Westminster (/), subject to this restriction, 
 that no such appeal shall be made by any district surveyor except 
 with the consent of the justice before whom the case is tried, and 
 that no such appeal shall be made by any other party to the case 
 except upon giving such security for costs, and, if the case requires 
 it, in addition thereto, such undertaking in respect of desisting in 
 the mean time from any works complained of, or in respect of 
 any other matter or thing arising in the case as the justice thinks 
 fit. 
 
 107. Any appeal so made shall be in the form of a special case, Form of 
 to be agreed on by both parties, or, if the parties cannot agree, to be a PPal. 
 settled by the justice from whose decision the appeal is made ; 
 
 and such case shall be transmitted by the appellant to the rule 
 department of the master's office in the court in which the appeal 
 
 2 & 3 Viet. c. 71, s. 47, entitled to one half of the penalty directed by the 
 first-named Act to be applied in aid of the poor rates ; Wray v. Ellis, 28 
 L. J. M. C. 45. See also Metropolitan Police Receiver v. Bell, L. R. 7 
 Q. B. 433. 
 
 The Metropolis Local Management Act, 1862, s. 105, repeals the enact- 
 ment in the first management Act, and provides that notwithstanding the 
 Metropolitan Police Act, the penalties recovered hy the metropolitan board 
 and vestries and district boards, shall, to the extent defined, he paid to their 
 treasurer. This applies to penalties under the Metropolis Management 
 Acts, and not in terms to this, the Metropolitan Building Act. Though 
 the decision in Wray v. Ellis would probably override the preceding enact- 
 ment, if taken alone, it might not be unworthy of attention to consider the 
 effect of the present provision as to the payment of penalties to the metro- 
 politan hoard, with unfettered discretion as to their application, connecting 
 it with the previous section of this Act, and the sections of the Metropolis 
 Local Management Act, relative to the powers, duties and expenses of that 
 hoard. 
 
 (rf) See appeal from decision of divisional court of appeal, holding that 
 " convicting" means "acting" ; Scott v. Legg, W. N. 1877, p. 110. This 
 section does not preclude a magistrate from stating a case under 20 & 21 
 Viet. c. 45 ; Power v. Wigmore, L. R. 7 C. P. 386. And see Steele v. 
 Brannan, 41 L. J. M. C. 85. 
 
 (e) It was held under the Public Health Act, 1875, that the time for 
 appeal ran from the date of the decision, and not from the service of the 
 order; S. v. Barnet Sanitary Authority, L. R. 1 Q. B. D. 558. 
 
 (/) Now the high court of justice.
 
 310 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 Section 107. is to be brought, and be heard in manner provided by the practice 
 of such court. 
 
 Notice of 108. No writ or process shall be sued out against any district 
 
 action. surveyor or other person (a) for anything done or intended to be done 
 
 under the provisions of this Act until the expiration of one month 
 next after notice in writing has been delivered to him or left at his 
 office or usual place of abode, stating the cause ot action, and the 
 name and place of abode of the intended plaintiff, and of his attorney 
 or agent in the cause ; and upon the trial of any such action the 
 plaintiff shall not be permitted to go into evidence of any cause of 
 action which is not stated in such last-mentioned notice ; and unless 
 such notice is proved the jury shall find for the defendant ; and every 
 such action shall be brought or commenced within six months next 
 after the accrual of the cause of action, and not afterwards, and shall 
 be laid and tried in the county or place where the cause of action 
 occurred, and not elsewhere ; and the defendant shall be at liberty 
 to plead the general issue, and give this Act and all special matter in 
 evidence thereunder (b). 
 
 PABT V. 
 
 Repeal of 
 former Acts, 
 and temporary 
 
 Provisions. 
 
 Repeal of 
 8 & 9 Viet, 
 c. 84, except 
 ss. 54 to 63, 
 and 9 & 10 
 Viet. c. 5. 
 
 PART V. 
 
 REPEAL OF FORMER ACTS, AND TEMPORARY PROVISIONS. 
 
 REPEAL. 
 
 109. (c) From and after the commencement of this Act, the follow- 
 ing Acts, that is to say, an Act passed in the eighth year of the reign 
 of Her present Majesty, chapter eighty-four, and intituled An 
 Act for regulating the construction and the use of buildings in 
 the metropolis and its neighbourhood, with the exception of the 
 sections relating to dangerous and noxious businesses, and num- 
 bered respectively fifty-four (d), fifty-five, fifty-six fifty-seven, fifty- 
 eight, fifty-nine, sixty, sixty-one, sixty-two, and sixty-three, and 
 
 (a) As to who is a " person," see Wheeler v. Gray, 4 C. B. (N.S.) 584 ; 
 6 C. B. (N.S.) 606. 
 
 (b) See case of Richards v. Easto, 15 M. & W. 244, under the former 
 Building Act, 7 & 8 Viet. c. 84, where it was held that the special matter 
 of defence relied on, could not be given in evidence under the general issue. 
 This right is expressly conferred by this enactment. 
 
 (c) Statute Law Revision Act, 1875 (38 & 39 Viet. c. 66) (Sched.) repeals 
 this section. 
 
 (d) The 54th section prohibited the erection of any buildings within a cer- 
 tain distance from any building in use for any of the following businesses ; 
 viz., manufacture of gunpowder, or of detonating powder, or of matches 
 ignitable by friction or otherwise, or other substance liable to sudden ex- 
 plosion, inflammation, or ignition, or of vitriol, or of turpentine, or of 
 naphtha, or of varnish, or of fireworks, or of painted table covers, and any 
 other manufacture dangerous on account of the liability of the materials or 
 substances employed therein to cause sudden fire or explosion; and it 
 prohibited persons from establishing or newly)carrying on any such business 
 within a certain distance from the public way, &c., and imposed penalties.
 
 ACT, 1855, 18 & 19 VICT. c. 122, s. 109. 
 
 an Act passed in the ninth year of the reign of Her present 
 Majesty, chapter five, and intituled "An Act to amend an Act 
 for regulating the Construction and Use of Buildings in the Metropolis 
 and its Neighbourhood," are throughout the limits of this Act and 
 elsewhere hereby repealed, subject to the following provisions ; that 
 is to say, 
 
 1. That such repeal shall not affect any proceedings authorized 
 to be taken by the said Acts or either of them in respect of 
 any Act, omission, penalty, matter, or thing, and pending 
 before the official referees or any other tribunal at the time of 
 the commencement of this Act : 
 
 2.' That in cases where any act, omission, or thing has occurred 
 previously to the time of the commencement of this Act, in 
 respect of which, if this Act had not passed, proceedings 
 might have been taken under the said Acts or either of 
 them, then proceedings in respect of such act, omission, or 
 thing may be had under this Act in manner following ; 
 that is to say, if the matter in question is anything relating 
 to the rights of building and adjoining owners in respect of 
 party structures, proceedings may be had in the county court, 
 but if the matter in question relates to the recovery of any 
 penalty or to any other thing, proceedings may be had 
 before any justice of the peace : 
 
 3. (e) That so much of the Act of the fourteenth year of King George 
 the Third, chapter seventy-eight, as was excepted from the 
 
 The 55tli prohibited the erection of any building of the dwelling-house class 
 within a prescribed distance from any building used for any of the following 
 businesses ; viz., bloodboiler, boneboiler, fellmonger, soap boiler, slaughterer 
 of cattle, sheep, or horses, tallow-melter, tripeboiler, and any other like 
 business offensive or noxious, and the establishment or newly carrying on of 
 any such business within a certain distance from any public way or any 
 building of the dwelling-house class, and imposes penalties. The 56th pre- 
 scribed the mode of imposing penalties, and provided for a mitigation of 
 penalties or a suspension of orders in certain cases. The 57th related to 
 appeals against convictions; the 58th authorized a trial by jury at quarter 
 sessions, and prescribed the course of proceeding ; the 60th preserved common 
 law and statutory remedies ; the 61st provided for the removal of any 
 offensive, noxious, or dangerous business, after memorial to the Queen in 
 council and on payment of compensation ; the 62nd related to the mode of 
 raising funds for payment of compensation ; and the 63rd exempted from 
 the operation of these provisions public gasworks and premises used for the 
 distillation, &c., of spirits, under the survey of commissioners of excise. 
 
 (e) The 74th section directed the churchwardens, &c., to fix stop blocks, 
 at the charge of the parish, upon the mains and pipes belonging to water- 
 works, with plugs, and empowered them to fix marks or writing on the front 
 of houses over against or near the places where stopblocks, plugs, &c., lie, 
 and provided for the keeping of instruments or keys for opening stockblocks, 
 &c. The 75th directed parishes to keep engines, leather pipes, ladders, &c., 
 and imposed penalties on churchwardens, &c., making default. The 76th 
 directed payment of certain rewards to the turncock of waterworks whose 
 water should first come into a main or pipe at a fire, and to engine keepers 
 bringing parish engines to help to extinguish a fire, which rewards might, in 
 case of default, be levied by distress on churchwardens, &c. The 77th declared 
 that no reward should be payable without approbation of an alderman, com- 
 mon councillor, or justice, &c. The 78th provided for the reimbursement 
 of churchwardens, &c., by the inhabitants or occupiers of rooms, and the 
 tenants, &c., of houses, and it empowered the mayor, justices, &c., to award 
 sums, and provided for the recovery of the sum awarded. The 80th related
 
 312 
 
 PAST V. 
 Section 109. 
 
 As to con- 
 tracts made 
 previously to 
 passing of 
 Act. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 operation of the said Act of the eighth year of Her present 
 Majesty, chapter eighty-four, (that is to say,) the Sections- 
 numbered respectively seventy-four, seventy-five, seventy- 
 six, seventy-seven, seventy-eight, eighty, eighty-one, eighty- 
 two, eighty-three, eighty-four, eighty-five, and eighty-six, 
 shall continue in full force. 
 
 110. (a) Any contract made previously to the passing of this Act 
 for the erection of a new building shall be carried into effect in the 
 same manner as if this Act had been passed at the time of the 
 making thereof, and the necessary deviations from the terms of such 
 contract may be made accordingly ; and if any dispute arises in 
 respect of any loss sustained by any party to such contract by reason 
 of such necessary deviation, such dispute shall be determined by the 
 county court ; and whenever any costs or expenses have been paid 
 by any owner in pursuance of this Act, then as to any structure held 
 under any lease or agreement made previously to the commencement 
 of this Act it shall beT lawful for such owner to recover the same from 
 the persons hitherto liable by law, or by such existing lease or contract, 
 to maintain or repair the structure in respect of which such costs and 
 expenses have been incurred (6). 
 
 111. Nothing herein contained shall vary or affect the rights or 
 liabilities as between landlord and tenant under any contract between 
 them. 
 
 112. In cases where any iron building has been constructed 01- is. 
 in the progress of construction previously to the time at which this 
 Act comes into operation, and doubts are entertained whether such 
 building is permitted by law, any person interested in such building, 
 may make an application to the commissioners of works and buildings, 
 to signify their approval of such building ; and the commissioners of 
 works and buildings, upon being satisfied of the stability of such build- 
 
 into operation, ing, may approve of the same, and upon such approval being given suck 
 building shall be deemed to have been constructed in manner permitted 
 by law, and this section shall come into operation immediately after the 
 passing of this Act. 
 
 Compensation H3. The official referees and registrar of metropolitan buildings 
 
 to official Ina 7> within six months from the time at which this Act comes into 
 
 referees and operation, apply to the commissioners of Her Majesty's treasury for 
 
 registrar. 
 
 Liabilities 
 under con- 
 tract between 
 landlord and 
 tenant not to 
 be affected. 
 
 As to iron 
 buildings con 
 structed 
 before this 
 Act comes 
 
 to the number of engines, &c., for large parishes. The 81st authorized the 
 charges of providing and maintaining engines, &c., to be paid out of poor- 
 rates. The 82nd exempted watermen retained by insurance offices from 
 liability to be impressed. The 83rd authorized governors or directors of 
 insurance offices, in the cases specified, to cause insurance moneys to be laid 
 out in rebuilding houses, &c., burnt down, demolished, or damaged by fire. 
 The 84th subjected servants by carelessness firing a house to a penalty of 
 100 ; in default of payment, to imprisonment tor eighteen months. The 
 85th prescribed duties of constables and beadles in case of fire, and the 86th 
 prohibits the bringing of any action against any person in whose house, &c., 
 any tire should accideutly begin, and exempted every such person from 
 liability to make recompense for any damages suffered thereby. 
 
 (a) Statute Law Revision Act, 1875 (38 & 39 Viet. c. 66) repeals this 
 section as far as the words " county court ; and." 
 
 (b) See Viscount Canterbury v. Attorney General; 1 Phillimore's. 
 Ca. 306.
 
 ACT, 1865, 18 & 19 VICT. c. 122, ss. 113, 114. 313 
 
 compensation in respect of the loss they have sustained by reason of PART V. 
 the abolition of their offices ; and the commissioners shall take any . 
 
 such application into consideration, and award such compensation, oection^ Ho. 
 either by way of a gross sum or annual payment, as they think just, 
 having regard to the nature of the office, the time during which the 
 applicant has held the same, and generally to the special circum- 
 stances of each case ; and any compensation so given shall be paid 
 out of moneys to be provided by parliament ; and such compensation, 
 when made by annual payment, shall be subject to this proviso, that 
 if any such official referee or registrar is at any time thereafter 
 appointed to any public office in respect of which he receives a salary, 
 the payment of the compensation awarded to him under this Act shall 
 be suspended so long as he receives such salary, if the amount thereof 
 is greater than such compensation, or if not shall be diminished by 
 the amount of such salary. 
 
 114. Any person, except the said official referees and registrar, who Compensation 
 at the time when this Act comes into operation is employed in the to clerks in 
 office of metropolitan buildings may within six months from such office of 
 time apply to the metropolitan board of works for employment, and metropolitan 
 such board shall thereupon take such application into consideration, buildings, 
 and they shall either employ the applicant at a salary not less in 
 amount than that which he enjoyed when in the said office of metro- 
 politan buildings, or at a less salary awarding to him compensation 
 in respect of such diminution of salary, or they shall award to him 
 such compensation, if any, as they, or in the event of the applicant 
 feeling aggrieved with their decision, as the commissioners of the 
 treasury think just, having regard to the nature of the office, the time 
 during which it has been held by the applicant, and generally to the 
 special circumstances of the case ; and any expenses incurred by the 
 said board in carrying into effect this section shall be deemed to be 
 expenses incurred in the execution of the said Act for the better local 
 management of the metropolis, and be raised accordingly ; never- 
 theless, if any such clerk or servant as aforesaid at any time there- 
 after is appointed to any public office, or to any office under the said 
 metropolitan board, in respect of which he receives a salary, the 
 payment of the compensation awarded to him under this Act shall be 
 suspended so long as he receives such salary, if the amount thereof is 
 greater than the amount of such compensation, or if not shall be 
 diminished by the amount of such salary ; but, notwithstanding any- 
 thing herein contained, the metropolitan board may, in the event of 
 their employing any person mentioned in this section, dismiss him, 
 with the consent of the treasury.
 
 314 
 
 PAST V. 
 Sched. 1. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 FIRST SCHEDULE (<*). 
 
 PRELIMINARY. 
 
 Structure of 1- -kvery building shall be enclosed with walls constructed of 
 buildings. brick, stone, or other hard and incombustible substances, and the 
 
 foundations shall rest on the solid ground, or upon concrete or upon 
 
 other solid substructure. 
 
 Construction 2. Every wall constructed of brick, stone, or other similar sub- 
 
 of walls of stances shall be properly bonded and solidly put together with mortar 
 
 brick, stone, or cement, and no part of such wall shall overhang any part under- 
 
 &c. neath it, and all return walls shall be properly bonded together. 
 
 Extra thick- 3. ^^ e thickness of every stone wall in which the beds of the 
 
 ness of certain masonry are not laid horizontally shall be one third greater than the 
 
 stone walls. thickness prescribed for stone walls in the rules hereinafter con- 
 tained. 
 
 Thickness of 
 walls. 
 
 Height of 
 storv. 
 
 4. The thickness of every wall as hereinafter determined shall be 
 the minimum thickness. 
 
 5. The height of every topmost story shall be measured from the 
 level of its floor up to the under side of the tie of the roof, or up to 
 half the vertical height of the rafters, when the roof has no tie.; and 
 the height of every other story shall be the clear height 'o>f : such Story 
 exclusive of the thickness of the floor. 
 
 Height of 6. The height of every external and party wall shall be. measured, 
 
 external and from the base of the wall to the level of the top of the topmost 
 party walls. story. 
 
 Length of 
 walls. 
 
 Footings of 
 walls. 
 
 7. Walls are deemed to be divided into distinct lengths by return 
 walls, and the length of every wall is measured from the centre of 
 one return wall to the centre of another ; provided that such return 
 walls are external, party, or cross walls of the thickness hereinafter 
 required, and bonded into the walls so deemed to be divided. 
 
 8. The projection of the bottom of the footing of every wall, on 
 each side of the wall, shall be at least equal to one half of the thick- 
 ness of the wall at its base ; and the diminution of the footing of 
 every wall shall be formed in regular offsets, and the height from the 
 bottom of such footing to the base of the wall shall be at the least 
 equal to one half of the thickness of the wall at its base. 
 
 (a) See R. v. Carruthers, 33 L. J. M. C. 107, cited in note (b) to section 3, 
 ante.
 
 ACT, 1855, 18 & 19 VICT. c. 122 SCHED. 1. 
 
 315 
 
 PART I. 
 
 RULES FOR THE WALLS OF DWELLING HOUSES. 
 
 1. The external and party walls of dwelling houses shall be made Thickness of 
 throughout the different stories of the thickness shown in the follow- walls of 
 ing table, arranged according to the heights and lengths of the walls, dwelling 
 and calculated for walls up to one hundred feet in height, and sup- 
 posed to be built of bricks not less than eight and a half inches and 
 not more than nine and a half inches in length, the heights of the 
 stories being subject to the condition hereinafter given. 
 
 houses. 
 
 2. TABLE. 
 I. II. III. IV. 
 
 Height up to 
 100 feet. 
 
 Length up to 46 feet. 
 
 Two stories, 21J inches. 
 Three stories, 17J inches. 
 Remainder, 13 inches. 
 
 Length up to 80 feet. 
 
 Two stories, 26 inches. 
 Two stories, 21} inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Length unlimited. 
 
 One story, 30 inches. 
 Two stories, 26 inches. 
 Two stories, 21* inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Height up to 
 
 Length up to 46 feet. 
 
 Two stories, 21J inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Length up to 70 feet. 
 
 One story, 26 inches. 
 Two stories, 21$ inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Length unlimited. 
 
 One story, 30 inches. 
 Two stories, 26 inches. 
 One story, 21} inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Height up to 
 80 feet. 
 
 Length up to 40 feet. 
 
 One story, 21} inches. 
 Two stories, 17 inches. 
 Remainder, 13 inches. 
 
 Length up to 60 feet. 
 
 Two stories, 21} inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Length unlimited. 
 
 One story, 26 inches. 
 Two stories, 21} inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Height up to 
 
 Length up to 40 feet. 
 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Length up to 65 feet. 
 
 One story, 21} inches. 
 Two stories, 17} inches. 
 Remainder, 13 inches. 
 
 Length unlimited. 
 
 One story, 26 inches. 
 Two stories, 21} inches. 
 One story, 17} inches. ' 
 Remainder, 13 inches. 
 
 Height up to 
 60 feet. 
 
 Length up to 30 feet. 
 
 One story, 17} inches. 
 Remainder, 13 inches. 
 
 Length up to 50 feet. 
 
 Two stories, 17J inches. 
 Remainder, 13 inches. 
 
 Length unlimited. 
 
 One story, 21} inches. 
 Two stories, 17 J inches. 
 Remainder, 13 inches. 
 
 Height up to 
 50 feet. 
 
 Length up to 30 feet. 
 
 Wall below the topmost 
 story, 13 inches. 
 Topmost storv, 8} inches. 
 Remainder, 8} inches. 
 
 Length up to 46 feet. 
 
 One story, 17J inches. 
 Rest of wall below topmost 
 story, 13 inches. 
 Topmost story, 8} inches. 
 Remainder, 8i inches. 
 
 Length unlimited. 
 
 One story, 21 } inches. 
 One story, 17} inches. 
 Remainder, 13 inches.
 
 316 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 II. HI. IV. 
 
 Height up to 
 40 feet. 
 
 Length up to 35 feet. 
 
 Wall below two topmost 
 stories, 13 inches. 
 Two topmost stories, 8J 
 inches. 
 Remainder, 8J inches. 
 
 Length unlimited. 
 
 One story, 17J inches. 
 Rest of wall below topmost story, 13 inches. 
 Topmost story, 8J inches. 
 Remainder, 8J inches. 
 
 Height up to 
 30 feet. 
 
 Length up to 35 feet. 
 
 Wall below two topmost 
 stories, 13 inches. 
 Two topmost stories, 8J 
 inches. 
 Remainder, 8J inches. 
 
 Length unlimited. 
 
 Wall below topmost story, 13 inches. 
 Topmost story, 8J inches. 
 Remainder, 8J inches. 
 
 Height up to 
 25 feet. 
 
 Length up to 30 feet. 
 
 From base to top of wall, 
 8J inches. 
 
 Length unlimited. 
 
 Wall below topmost story, 13 inches. 
 Topmost story, 8J inches. 
 Remainder, 8| inches. 
 
 Explanation 3. In using the above table the height of the wall is to be reckoned 
 of tables. on the first vertical column on the left hand of the table, and the 
 length of the wall on the corresponding horizontal column. The 
 thickness of the wall in each story is given in inches, and begins with 
 the wall from the base upwards. 
 
 Qualification 
 
 tain walls. 
 
 Condition in 
 respect of 
 
 ing a certain 
 height. 
 
 Restriction in 
 cases of cer- 
 tain stories. 
 Thickness of 
 walls built of 
 materials 
 other than 
 such bricks as 
 aforesaid. 
 
 Rule as to 
 buildings not 
 being public 
 buildings or 
 buildings of 
 the warehouse 
 class. 
 
 4. If any external or party wall, measured from centre to centre, is 
 not more than twenty-five feet distant from any other external or 
 party wall to which it is tied by the beams of any floor or floors, other 
 than the ground floor, or the floor of any story formed in the roof, the 
 length of such wall is not to be taken into consideration, and the 
 thickness of the wall will be found in the second vertical column in 
 the above table. 
 
 5. If any story exceeds in height sixteen times the thickness pre- 
 scribed for the walls of such story in the above table, the thickness 
 of each external and party wall throughout such story shall be in- 
 creased to one sixteenth part of the height of the story ; but any such 
 additional thickness may be confined to piers properly distributed, of 
 which the collective widths amount to one fourth part of the length 
 of the wall. 
 
 6. No story enclosed with walls less than thirteen inches in thick- 
 ness shall be more than ten feet in height. 
 
 7. The thickness of any wall of a dwelling house, if built of ma- 
 terials other than such bricks as aforesaid, shall be deemed to be 
 
 the beds of the masonry are not laid horizontally no diminution shall 
 be allowed in the thickness required by the foregoing rules for such 
 last-mentioned walls. 
 
 8. All buildings, excepting public buildings, and such buildings as 
 are hereinafter defined to be buildings of the warehouse class, shall, as 
 respects the thickness of their walls, be subject to the rules given for 
 dwelling houses.
 
 ACT, 18 & 19 VICT. c. 122 SCHED. 1. 
 
 317 
 
 PART II. 
 
 KULES FOR THE WALLS OF BUILDINGS OF THE WAREHOUSE CLASS. 
 
 n. 
 
 Sched. 1. 
 
 1. The warehouse class shall comprise all warehouses, manufac- Definition of 
 lories, breweries, and distilleries. warehouse 
 
 class. 
 
 2. The external and party walls of buildings of the warehouse class Thickness at 
 shall at the base be made of the thickness shown in the following b aseg 
 table, calculated for walls up to one hundred feet in height, and sup- 
 
 posed to be built of bricks not less than eight and a half inches and 
 not more than nine and a half inches in length. 
 
 3. TABLE. 
 I. II. III. IV. 
 
 Height up to 
 100 feet. 
 
 Length up to 55 feet. 
 Base, 26 inches. 
 
 Length up to 70 feet. 
 Base, 30 inches. 
 
 Length unlimited. 
 Base, 34 inches. 
 
 Height up to 
 90 feet. 
 
 Length up to 60 feet. 
 Base, 26 inches. 
 
 Length up to 70 feet. 
 Base, 30 inches. 
 
 Length unlimited. 
 Base, 34 inches. 
 
 Height up to 
 
 Length up to 45 feet. 
 Base, 21i inches. 
 
 Length up to 60 feet 
 Base, 26 inches. 
 
 Length unlimited. 
 Base, 30 inches. 
 
 Height up to 
 70 feet. 
 
 Length up to 30 feet. 
 Base, 17J inches. 
 
 Length up to 46 feet. 
 Base, 21J inches. 
 
 Length unlimited. 
 Base, 26 inches. 
 
 Height up to 
 60 feet. 
 
 Length up to 36 feet. 
 Base, 17J inches. 
 
 Length up to 50 feet. 
 Base, 21 J inches. 
 
 Length unlimited. 
 Base, 26 inches. 
 
 Height up to 
 60 feet. 
 
 Length up to 40 feet. 
 Base, 17J inches. 
 
 Length up to 70 feet. 
 Base, 21 J inches. 
 
 Length unlimited. 
 Base, 26 niches. 
 
 Height up to 
 140 feet. 
 
 Length up to 30 feet. 
 Base, 13 inches. 
 
 Length up to 60 feet. 
 Base, 17J inches. 
 
 Length unlimited. 
 
 Base, 21J inches. 
 
 Height up to 
 30 feet. 
 
 Length up to 45 feet. 
 Base, 13 niches. 
 
 Length unlimited. 
 Base, 1?J inches. 
 
 Height up to 
 25 feet. 
 
 Length unlimited. 
 Base, 13 inches. 
 
 4. The above table is to be used in the same manner as the table Explanation 
 previously given for the walls of dwelling houses, and is subject to ot 
 the same qualifications and conditions respecting walls not more than 
 twenty-five feet distant from each other.
 
 318 
 
 PART II. 
 
 Sched. 1. 
 
 Thickness at 
 top of walls 
 and through 
 intermediate 
 space. 
 
 Condition in 
 respect of 
 stories exceed- 
 ing a certain 
 height. 
 
 Thickness of 
 walls built of 
 materials 
 other than 
 such bricks as] 
 aforesaid. 
 
 APPENDIX. THE METROPOLITAN BUILDING 
 
 5. The thickness of the walls'of buildings of the warehouse class at 
 the top,"and for sixteen feet below the top, shall be thirteen inches ; 
 and the intermediate parts of the wall between the base and such 
 sixteen feet below the top shall be built solid throughout the space 
 between straight lines drawn on each side of the wall, and joining the 
 thickness at the base to the thickness at sixteen feet below the top, as 
 above determined ; nevertheless in walls not exceeding thirty feet in 
 height the walls of the topmost story may be eight inches and a half 
 thick. 
 
 6. If in any story of a building of the warehouse class the thickness 
 of the wall, as determined by the rules hereinbefore given, is less than 
 one fourteenth part of the height of such story, the thickness of the 
 wall shall be increased to one fourteenth part of the height of the 
 story ; but any such additional thickness may be confined to piers 
 properly distributed, of which the collective widths amount to one 
 fourth part of the length of the wall. 
 
 7. The thickness of any wall of a building of the warehouse class, if 
 built of materials other than such bricks as aforesaid, shall be deemed 
 to be sufficient if made of the thickness required by the above tables, or 
 of such less thickness as may be approved by the metropolitan board, 
 with this exception, that in the case of walls built of stone in which 
 the beds of the masonry are not laid horizontally no diminution shall 
 be allowed in the thickness required by the foregoing rules for such 
 last-mentioned walls. 
 
 MISCELLANEOUS. 
 
 Cross walls ' e tc* 1688 a cross wa shall be two thirds of the thickness 
 
 hereinbefore required for an external or party wall of the same dimen- 
 sions, and belonging to the same class of buildings, but never less 
 than eight and a half inches, and no wall subdividing any building 
 shall be deemed to be a cross wall unless it is carried up to two thirds 
 of the height of the external or party walls, and unless the recesses 
 and openings therein do not exceed one half of the vertical surface of 
 the wall in each story. 
 
 Extra thick- 2 - The thickness of every stone wall in which the beds of the 
 ness of certain masonry are not laid horizontally shall be one third greater than the 
 stone walls. thickness prescribed in the rules aforesaid. 
 
 3. Buildings to which the preceding rules are inapplicable require 
 the special sanction of the metropolitan board of works.
 
 ACT, 1855, 18 & 19 VICT. c. 122 SCHED. 2. 
 
 SECOND SCHEDULE. 
 
 FEES PAYABLE TO DISTRICT SURVEYORS. 
 
 PART I. PABTI. 
 
 FEES FOR NEW BUILDINGS. . Sched. 2. 
 
 s. d. 
 For every building not exceeding four hundred square feet 
 
 in area, and not more than two stories in height - - 30 
 
 For every additional story - 50 
 
 For every additional square of 100 feet or fraction of such 
 
 square ------- --26 
 
 But no fee shall exceed ten pounds. 
 
 And for every building not exceeding four hundred square 
 , . feet in area, and of one story only in height, the fees 
 
 shall be 15 
 
 FEES FOR ADDITIONS OR ALTERATIONS. 
 
 For every addition or alteration made to any building after 
 the roof thereof has been covered in, the fee shall be 
 
 For inspecting the arches or stone floors over or under public 
 
 ways - - - - 10 
 
 For inspecting the formation of openings in party walls - 10 
 
 PART II. 
 
 For inspecting dangerous structures, by directions of the 
 
 commissioners of police or sewers - - - - 20 
 
 N.B. In this schedule "area " shall include the area of any 
 attached building.
 
 AN ACT 
 
 TO ALTER AND AMEND " THE METROPOLITAN 
 BUILDING ACT, 1855." 
 
 23 & 24 VICT. CAP. 52. 
 
 23RD JULY, 1860. 
 
 Short title. 
 
 Rules as to 
 cubical dimen- 
 sions of the 
 metropolitan 
 building Act, 
 1855, not to 
 apply to build- 
 ings "to be used 
 for the manu- 
 facture of ma- 
 chinery and 
 boilers of 
 steam vessels, 
 provided that 
 such buildings 
 shall consist of 
 one floor only, 
 Ac. (a). 
 
 WHEREAS certain rules of " The Metropolitan Building Act, 1855," 
 have been found to operate prejudicially by limiting the contents ot 
 buildings to be erected in workshops for the manufacture of the 
 machinery and the boilers of steam vessels, and as the increased and 
 increasing size of such machinery and boilers for the royal and com- 
 mercial marine of this country requires larger areas for their manu- 
 facture than are allowed by such rule, it is expedient to amend the 
 said Act; Be it therefore enacted, by the Queen's most excellent 
 Majesty, by and with the advice and consent of the Lords spiritual 
 and temporal, and commons, in this present parliament assembled, 
 and by the authority of the same as follows : 
 
 1. This Act may cited for all purposes as " The Metropolitan Build- 
 ing Act (Amendment) 1860." 
 
 2. The rule of " The Metropolitan Building Act, 1855," limiting 
 the cubical dimensions or contents of buildings used either wholly or 
 in part for the purposes of trade or manufacture, shall not after the 
 passing of this Act apply to any building to be used wholly for the 
 manufacture of the machinery and boilers of steam vessels beyond the 
 distance of three miles from Saint Paul's Cathedral : Provided always, 
 that ever}' such building shall consist of one floor only, and shall be 
 constructed of brick, stone, iron, or other incombustible material ; 
 and it shall not be lawful for the owners, lessees, or occupiers 
 thereof, or for any persons interested therein, to use such building 
 for any other purpose than the manufacture of the machinery and 
 the boilers of steam vessels until all the rules and provisions of the 
 said Act, as to party walls and other matters which are applicable 
 to buildings of a similar character, shall have been duly complied 
 with : Provided also, that every such building, if of greater dimen- 
 sions than two hundred and sixteen thousand cubic feet, shall be sub- 
 ject to the approval of the metropolitan board of works, in the same 
 manner as iron buildings or buildings to which the rules of the said 
 Act are inapplicable as set forth in the fifty-sixth section of such 
 Act. 
 
 (a) See 18 & 19 Viet. c. 122, 8. 27, rule 4.
 
 AN ACT 
 
 TO AMEND THE METROPOLITAN BUILDING ACT, 1855. 
 24 & 25 VICT. CAP. 87. 
 
 6TH AUGUST, 1861. 
 
 WHEREAS by " The Exhibition of 1851, Eoads and Lands Act," all 17 & 18 Viet 
 buildings erected or to be erected by the " Commissioners of the Ex- c - 10 ?. 
 hibition of 1851," were exempted from the operation of the Acts then 
 in force for regulating the construction of buildings in the metropolis 
 and its neighbourhood : And whereas the said last-mentioned Acts 
 were repealed by The Metropolitan Building Act, 1855," and new 
 regulations for the construction of buildings substituted ; but doubts 
 are entertained whether the exemption provided by the said first- 
 Eientioned Act is continued by the said Building Act of 1855: And 
 whereas it is expedient that such doubts should be removed : Be it 
 enacted by the Queen's most excellent Majesty, by and with the ad- 
 vice and consent of the lords spiritual and temporal, and commons, 
 in this present parliament assembled, and by the authority of the 
 same, as follows: 
 
 1. The first part of the Metropolitan Building Act, 1855, containing Provisions 
 the regulations relating to the construction of buildings in the metro- of 18 & 19 
 polis, shall not, nor shall any provision therein contained, apply to Viet. c. 122, 
 any buildings erected or to be erected by or with the sanction of the n t to apply 
 commissioners for the exhibition of 1851 on any lands belong- to buildings 
 ing to them, and purchased in pursuance of any power vested in them . comm is- 
 by charter or act of parliament, with the exception of such streets or S10 / l .? r . s ^ or ^ ie 
 blocks of buildings as may be erected by them, or with their sane- ?| b ' tl , on of 
 tion, as private dwelling-houses. 
 
 2. This Act may be cited for all purposes as " The Metropolitan Short title. 
 Building Amendment Act, 1861." 
 
 (a) See exemption from operation of part 1 of that Act, section 6, ante.
 
 AN ACT 
 
 TO AMEND THE METROPOLITAN BUILDING ACT, 1855. 
 32 & 33 VICT. CAP. 82. 
 
 r 9TH. AUGUST, 1869. 
 
 18 & 19 Viet. WHEREAS by " The Metropolitan Building Act, 1855," various 
 c> 22. powers for the regulation and supervision of buildings in the metro- 
 
 polis are given to the metropolitan board of works: 
 
 And whereas by Part Two of the same Act certain powers over dan- 
 gerous structures are given to the commissioners of police of the 
 metropolis, and it is expedient to transfer those powers to'the metro- 
 politan board of works: 
 
 Be it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and com- 
 mons, in this present parliament assembled, and by the authority of 
 the same, as follows : 
 
 Short title. 1- This Act may be cited as " The Metropolitan Building Act, 
 
 "Act to be 2. This Act shall be construed as one with " The Metropolitan 
 
 construed with Building Act, 1855," and the Acts amending the same. 
 18 & 19 Viet. 
 
 c. 122. 3. This Act shall come into operation on the first day of October, 
 
 Commence- one tnousan< l e ig nt hundred and sixty-nine, which date is in this Act 
 ~ p Trred to as the commencement of this Act. 
 
 ment of Act. 
 
 Transfer of 
 powers over 
 dangerous 
 structures 
 to the metro- 
 politan board 
 of works. 
 
 Expenses of 
 metropolitan 
 
 referred to as the commencement of ' 
 
 4. The powers given by Part two of " The Metropolitan Building 
 Act, 1855," to the commissioners of police of the metropolis with 
 respect to the survey of and securing and notice respecting structures 
 in a dangerous state, and to taking down, securing, or repairing such 
 structures, and to the recovery of the expenses thereof, and to the ap- 
 pointment of persons and making of regulations for carrying into execu- 
 tion part two of the said Act relating to such structures, shall, on the 
 commencement of this Act, be transferred to and vest in, and may 
 thereafter be exercised by, the metropolitan board of works; and the 
 expression " the commissioners " throughout the said part (so far as 
 regards structures situate within the limits of the said Act, and not 
 within the city of London) shall mean the metropolitan board of 
 works. 
 
 5. All payments directed by part two of " The' Metropolitan Build- 
 ing Act, 1855," as amended by this Act, to be made by the metro-
 
 METROPOLITAN BUILDING ACT, 1869, 32 & 38 VICT. c. 82. 
 
 limits of that Act, and not within the city of London, and all expenses 
 incurred by the said board in carrying into execution part two of the 
 said Act, shall be deemed to be part of their expenses in carrying worlis - 
 into execution the said Act, and shall be raised and paid accord- 
 ingly- 
 All payments directed by part two of the said Act as amended by 
 this Act to be made to the metropolitan board of works, shall be made 
 in the same manner in which payments are made to the board in the 
 ordinary course of their business. 
 
 6. So much of the Metropolitan Building Act 1855, as is set out in Part of 
 the third column of the schedule to this Act is hereby repealed. 18 & 19 Viet. 
 
 c. 122, 
 repealed. 
 
 SCHEDULE. 
 
 Part Repealed. 
 
 18 & 19 Viet. 
 c. 122. 
 
 An Act to amend 
 the laws relat- 
 ing to the con- 
 struction of 
 buildings in the 
 metropolis and 
 its neighbour- 
 hood. 
 
 The following words in section 70 : " but 
 when such structure is situate elsewhere, 
 it shall mean ' the commissioners of 
 police of the metropolis ' or such one of 
 them as may be authorized by one of 
 Her Majesty's principal secretaries of 
 state to act in the matter of this Act." 
 
 The following words in section 75 : " and 
 in the cases of payments in respect of 
 any structure situate elsewhere within 
 the limits of this Act be made by or to 
 the receiver of metropolitan police." 
 
 The following words in section 81 : " sub- 
 ject to the approval of one of Her Ma- 
 jesty's principal secretaries of state;" 
 and the following words in the same 
 section : " and all expenses incurred by 
 them not hereby otherwise provided for 
 shall, in the case of expenses incurred 
 by the said commissioners of police, be 
 deemed to be expenses incurred by them 
 in respect of the police force of which 
 they are commissioners, and be payable 
 accordingly." 
 
 Y 2
 
 AN ACT 
 
 TO AMEND THE METKOPOLIS MANAGEMENT ACT, 1855, 
 THE METROPOLITAN BUILDING ACT, 1855, AND THE 
 ACTS AMENDING THE SAME EESPECTIVELY. 
 
 41 & 42 VICT. CAP. 32. 
 
 22ND JULY, 1878. 
 
 Section 1. WHEREAS the provisions of the several Acts now in force within the 
 metropolis are insufficient for duly regulating the erection and exten- 
 sion of houses and buidings in close proximity to certain roads, pas- 
 sages, and ways, and it is expedient that for such purpose further and 
 better provisions should be made : 
 
 And whereas with a view to protect the public frequenting theatres 
 and music halls within the metropolis from danger from fire it is 
 expedient that provisions such as are in this Act contained should be 
 made for empowering the metropolitan board of works (in this Act 
 referred to as "the board") to cause alterations in existing theatres 
 and music halls to be made in certain cases, and to make regulations 
 with respect to the position ar.d structure of new theatres and certain 
 new music halls : 
 
 And whereas it is expedient to make provisions with respect to the 
 making, tilling up, and preparation of the foundations and sites of 
 houses and buildings to be erected within the metropolis, and with 
 respect to the quality of the substances to be used in the formation or 
 construction of the sites foundations, and walls of such houses and 
 buildings with a view to the stability of the same, the prevention of 
 fires, and for purposes of health : 
 
 And whereas it is expedient to make further and better provision 
 with respect to the payment of expenses incurred by the board in 
 relation to dangerous structures : 
 
 And whereas for the purposes aforesaid it is expedient to amend 
 the Metropolis Management Act, 1855, the Metropolitan Bnilding 
 18 & 19 Viet. Act, 1855, and the Acts amending the same respectively : 
 c. 120. Be it therefore enacted by the Queen's most Excellent Majesty, 
 
 18 & 19 Viet, by and with the advice and consent of the lords spiritual and tem- 
 c. 122. poral, and commons in this present parliament assembled, and by the 
 
 authority of the same, as follows ; (that is to say,) 
 
 Short title. 
 
 PRELIMINARY. 
 
 1. This Act may be cited for all purposes as the Metropolis 
 Management and Building Acts Amendment Act, 1878.
 
 METROPOLIS MANAGEMENT, &c., ACT, 41 & 42 VICT. c. 82, ss. 26. 325 
 
 2. This Act shall extend and apply to the metropolis as defined by Section 2 
 the Metropolis Management Act, 1855. Limits~oTAct 
 
 18 & 19 Viet. c. 120 
 
 3. This Act shall consist of three parts. Division of Act 
 
 into tnree parts. 
 
 PAET I. 
 
 4. In this part of this Act Interpretation 
 The term " roadway " in relation to any road, passage, or way shall " Roadway." 
 
 mean the whole space open for traffic, whether carriage traffic 
 and foot traffic or foot traffic only : 
 
 The term " centre of the roadway " in relation to any road, passage, " Centre of the 
 or way existing at the time of the passing of this Act or there- roadway." 
 after formed shall mean the centre of the roadway of such road, 
 passage, or way as existing immediately before the time when 
 first after the passing of this Act or the formation of the same 
 any house or building fronting towards or abutting upon such 
 road, passage, or way was begun to be constructed or extended : 
 
 The term. " the prescribed distance " (a) shall mean twenty feet " The pre- 
 from the centre of the roadway where such roadway is used for scribed dis- 
 the purpose of carriage traffic, and ten feet from the centre of the tance." 
 roadway where such roadway is used for the purposes of foot 
 traffic only. 
 
 5. The Metropolis Management Act, 1855, and the Acts amending Metropolis 
 the same, and this part of this Act shall be construed together as one Management 
 Act : Provided always, that nothing in this Act shall be held to limit Acts and 
 
 or restrict the powers now vested in the commissioners of sewers of this part of 
 
 the city of London, or in any body or person elsewhere within the Act to ^f 
 
 metropolis, by an Act passed in the session of parliament held in the construed as 
 
 fifty-seventh year of the reign of King George the Third, intituled one Act - 
 
 " An Act for better paving, improving, and regulating the streets of 18 & 19 Viet. 
 
 the Metropolis and removing and preventing nuisances and obstruc- c. 120. 
 
 tions therein." 57 Geo. 3, 
 
 c. xxix. 
 
 6. From and after the passing of this Act no house or building As to erection 
 begun to be constructed after the passing of this Act shall be con- of houses or 
 structed or begun to be constructed, and no house or building shall buildings at 
 be extended or begun to be extended, in such manner that the ex- less than 
 ternal wall or front of any such house or building, or, if there be a prescribed 
 forecourt or other space left in front of any such house or building, distance 
 
 the external fence or boundary of such forecourt or other space, shall f m c ^ ntr 
 be at a distance less than the prescribed distance from the centre of ot road ^ 
 the roadway of any road, passage, or way, whether a thoroughfare or 
 
 , , , - 
 
 not being a highway, without the consent in writing of the board (c): i 1 ;^ iways (5). 
 Provided always, that the board may, in any case where they think y 
 
 (a) See 25 & 26 Viet. c. 102 s. 98, requiring existing roads, &c., laid out 
 for building as streets, to be of the full width of forty feet for carriage 
 traffic, and of twenty feet for foot traffic ; and section 202 of the 18 & 19 
 Viet. c. 120, empowering the metropolitan board to make bye-laws for 
 regulating the plans, &c., of new streets ; and see the bye-laws of the board 
 pursuant thereto. 
 
 (6) The Metropolis Management Amendment Act, 1862, section 75, pro- 
 hibited the erection of buildings, &c., beyond the general line of buildings, 
 without the consent in writing of the Metropolitan Board of Works. 
 
 (c) i.e., the Metropolitan Board of Works ; see recital in preamble.
 
 326 
 
 PAET I. 
 Section 6. 
 
 As to erec- 
 tion of 
 houses or 
 buildings at 
 less than 
 prescribed 
 distance 
 from centre 
 of roads, 
 passages, or 
 ways not 
 being high- 
 ways. 
 
 APPENDIX. METKOPOLIS MANAGEMENT AND BUILDING ACTS 
 
 it expedient, consent to the construction, formation, or extension of 
 any house, building, forecourt, or space at a distance less than the 
 prescribed distance from the centre of the roadway of any such road, 
 passage, or way, and at such distance from the centre of such roadway, 
 and subject to such conditions and terms (if any) as they may think 
 proper to sanction. 
 
 In every case where any such house, building, forecourt, or space 
 is constructed, formed, or extended, or is begun to be constructed, 
 formed, or extended, in contravention of the provisions of this sec- 
 tion, at a distance from the centre of the roadway of any such road, 
 passage, or way as aforesaid less than the prescribed distance, or than 
 such other distance as may have been sanctioned by the board, or 
 contrary to the conditions and terms (if any) subject to which such 
 sanction was obtained, the board (a) may serve a notice upon the 
 owner or occupier of the said house, building, forecourt, or space, or 
 upon the builder or person engaged in constructing, forming, or 
 extending the same, requiring him to comply with the provisions of 
 this section, and to caiise such house, building, forecourt, or space, or 
 any part thereof, to be set back so that the external wall of such 
 house or building, or the external fence or boundary of such forecourt 
 or space, shall be at a distance not less than the prescribed distance 
 from the centre of the roadway of such road, passage, or way as afore- 
 said, or at such distance and according to such conditions and terms 
 (if any) as the board may have sanctioned. 
 
 Provided always, that the preceding provisions of this section shall 
 not affect the construction or extension of any house or building 
 within the limits of any area which may have been lawfully occupied 
 by any house or building at any time within two years before the 
 passing of this Act, or the construction or extension of any house or 
 building lawfully in course of construction or extension at the time 
 of the passing of this Act ; and provided also, that the construction 
 or extension of any house or building in or abutting upon any 
 street existing, formed, or laid out for building at the time of the 
 passing of this Act may be begun and completed in like manner in 
 eveiy respect as if the preceeding provisions of this section had not 
 been made. 
 
 7. Where after the passing of this Act any house or building begun 
 to be constructed after the passing of this Act is constructed or is 
 begun to be constructed, or any house or building is extended or 
 begun to be extended, in such manner that the external wall or front 
 of any such house or building, or, if there be a forecourt or other 
 space left in the front of any such house or building, the external 
 fence or boundary of such iorecourt or space, is at a distance from 
 the centre of the roadway of any road, passage, or way (not being a 
 highway) less than the prescribed distance or less than such other 
 distance as may have been sanctioned by the board as hereinafter 
 provided, or where, in relation to any such house, building, or fore- 
 court, or space constructed, formed, or extended at such less distance 
 than the prescribed distance with the sanction of the board as afore- 
 said, the conditions or terms, if any, subject to which such sanction 
 
 (a) By this enactment the metropolitan board are required to serve notice* 
 and take proceedings under section 8. By the 75th section of the Metropolis 
 Management Amendment Act, 1862, the duty of taking proceedings in 
 case of non-compliance with the Act, is cast upon the vestries and district 
 boards.
 
 AMENDMENT ACT, 41 & 42 VICT. c. 32, ss. 7, 8. 32' 
 
 was obtained have not been complied with, or the time during which PABT I. 
 such sanction was limited to continue has expired, then and in every _ ~ 
 such case, where it is intended that such road, passage, or way shall Section 7. 
 become a highway, a written notice to that effect shall be served upon 
 the board, and thereupon the board may at any time within two 
 months after the receipt of such notice serve a notice upon the owner 
 or occupier of such house, building, forecourt, or space, or the builder 
 or person engaged in constructing, forming, or extending the same, 
 requiring him to cause the same, or any part thereof, to be set back 
 so that the external wall or front of such house or building, or the 
 external fence or boundary of such forecourt or space, shall be at a 
 distance not less than the prescribed distance from the centre of the 
 roadway of such road, passage, or way, or at such distance and accord- 
 ing to such conditions and terms (if any) as the board may have 
 -sanctioned, and unless and until such first-mentioned notice has been 
 given to the board and such last-mentioned notice (if any) has been 
 complied with, such road, passage, or way shall not become a high- 
 way. 
 
 The board may consent to the construction, formation or extension 
 of any house, building, forecourt, or space at any lesser distance than 
 the prescribed distance from the centre of the roadway of any such 
 road, passage, or way (not being a highway) as aforesaid, to be speci- 
 fied in such consent, or to the continuance of any house, building, 
 forecourt, or space constructed, formed, or extended at such lesser 
 distance, or to the continuance thereof for a limited time only, to be 
 specified in such consent, in such cases and subject to such terms and 
 conditions (if any) as they may think proper. 
 
 Provided always, that the proceeding provisions of this section shall 
 not affect the construction or extension of any house or building 
 within the limits of any area which may have been lawfully occupied 
 by any house or building at any time within two years before the 
 passing of this Act, or the construction or extension of any house or 
 building lawfully in course of construction or extension at the time 
 of the passing of this Act. 
 
 8. In case any owner, occupier, builder, or person during twenty- Proceedings 
 eight days (6) after the service of any notice under the preceding pro- in case of 
 visions of this part of this Act neglects or refuses to comply with the default in 
 requirements of such notice, or after the expiration of such period compliance 
 fails to carry out or complete the works necessary for such compliance with require- 
 with all reasonable despatch, the board may cause complaint thereof mer ^ s of 
 to be made before a justice of the peace, who shall thereupon issue a no " ce - 
 .summons, requiring such owner, occupier, builder, or person to ap- 
 pear at a time and place to be stated in the summons to answer such 
 complaint, and if at the time and place appointed in such summons 
 the said complaint is proved to the satisfaction of the justice before 
 whom the "same is heard, such justice shall make an order in writing 
 on such owner, occupier, builder, or person directing him to comply 
 with the requirements of such notice within such time as such justice 
 may consider reasonable, and such justice shall also make an order 
 for the payment of the costs incurred up to the time of hearing, and 
 of hearing ; and in case such owner, occupier, builder, or person 
 makes default in complying with the requirements of such notice 
 within the time limited by such order, he shall be liable to a penalty 
 
 (&) By the 45th section of the Metropolitan Building Act, 1845, the 
 builder is required to amend irregularities within forty-eight hours.
 
 328 
 
 PART I. 
 Section 8. 
 
 Streets, 
 roads, &c., 
 formed for 
 foot traffic 
 not to be 
 used without 
 consent of 
 board for 
 carriage 
 traffic unless 
 widened. 
 
 Streets, 
 roads, &c., 
 formed for 
 foot traffic 
 before pass- 
 ing of Act 
 not to be 
 used without 
 consent of 
 justice for 
 carriage 
 traffic unless 
 widened. 
 
 Power to 
 board in 
 certain cases 
 to require 
 
 APPENDIX. METROPOLIS MANAGEMENT AND BUILDING ACTS 
 
 of not less than forty shillings and not more than five pounds, and to 
 a farther penalty of not less than ten shillings and not more than 
 forty shillings for each day during which such default continues after 
 the first day after the expiration of the time limited by such order 
 for compliance with, the requirements of such notice : Provided 
 always, that this section shall not apply to any noncompliance with, 
 the notice of the board in the case of an intended highway where the 
 same shall not be opened as a highway. 
 
 9. No street, road, passage, or way (being a highway) formed or 
 laid out for foot traffic only after the passing of this Act shall, except 
 with the consent of the board, be used for the purposes of carriage 
 traffic, unless the space open for foot traffic and carriage traffic be of 
 the full width of forty feet where there are houses or buildings oa 
 each side thereof, or, where there are houses or buildings only on one 
 side thereof, unless there be a distance of not less than twenty feet 
 from the centre of the space open for foot traffic and carriage traffic 
 and the external walls or fronts of such houses or buildings, or, if 
 there be forecourts or other spaces left in front of such houses or 
 buildings, the external fences or boundaries of such forecourts or 
 other spaces ; and in case any person alters any such street, road, 
 passage, or way, so that it may be used for any traffic other than foot 
 traffic, contrary to the provisions of this section, or takes up or re- 
 moves any post, bar, rail, flagstone, or knowingly does any act r 
 matter or thing to facilitate the use of the same for traffic other than 
 foot traffic, contrary to the provisions of this section, he shall for 
 every such offence be liable to a penalty not exceeding fifty pounds. 
 
 10. No street, road, passage, or way (being a highway) formed or 
 laid out for foot traffic only before the passing of this Act shall be 
 used for the purposes of carriage traffic for any longer period than 
 seven consecutive days without the consent of a justice, unless the- 
 space open for foot traffic and carriage traffic be of the full width of 
 forty feet where there are houses or buildings on each side thereof, or, 
 where there are houses or buildings only on one side thereof, unless 
 there be a distance of not less than twenty feet from the centre of 
 the space open for foot traffic and carriage traffic and the external 
 walls or fronts of such houses or buildings, or, if there be forecourts 
 or other spaces left in front of such houses or building, the external 
 fences or boundaries of such forecourts or other spaces, and any jus- 
 tice may grant such consent as aforesaid, or may do so subject to such, 
 terms and conditions as he may think fit ; provided that twenty- 
 eight days previous notice of any such application to a justice shall 
 be served upon the board, and the board may appear at the time and 
 place fixed for hearing such application and be heard thereon. In 
 case any person alters any such street, road, passage, or way, so that it 
 maybe used for any traffic other than foot traffic, contrary to the 
 provisions of this section, or to any conditions imposed by any such, 
 justice as aforesaid, or takes up or removes any post, bar, rail, flag- 
 stone, or knowingly does any act, matter, or thing to facilitate the 
 use of the same for traffic other than foot traffic, contrary to the pro- 
 visions of this section, he shall for every such offence be liable to a 
 penalty not exceeding twenty pounds. 
 
 11. Whenever it appears to the board that any house or other 
 place of public resort within the metropolis which was at the time of 
 the passing of this Act authorized to be kept open for the public per- 
 formance of stage plays, and which is kept open for such purpose,
 
 AMENDMENT ACT, 1878, 41 & 42 VICT. c. 82, ss. 11, 12. 329 
 
 under the authority of letters patent from Her Majesty, her heirs and PART I. 
 successors or predecessors, or of a license granted by the Lord Cham- Qon+ 7/m 1 1 
 berlain of Her Majesty's household for the time being, or by justices section u 
 of the peace, or that any house, room, or other place of public resort proprietors 
 within the metropolis, containing a superficial area for the accom- O f theatres 
 modation of the public of not less than five hundred square feet, and certain 
 which was at the time of the passing of this Act authorized to be kept music halls 
 open, and which is kept open, for dancing, music, or other public in use at the 
 entertainment of the like kind, under the authority of a license time of the 
 granted by any court of quarter sessions, is so defective in its struc- passing or 
 ture that special danger from fire may result to the public frequent- this Act to 
 ing the same, then and in every such case the board may, with the 
 consent of the Lord Chamberlain in the case of theatres under his 
 jurisdiction, and of Her Majesty's Principal Secretary of State in all 
 other cases, if in the opinion of the board such structural defects can 
 be remedied at a moderate expenditure, by notice in writing require 
 the owner of such house, room, or other place kept open for any of 
 the purposes aforesaid, under such authority as aforesaid, to make 
 such alterations therein or thereto as may be necessary to remedy 
 such defects, within a reasonable time to be specified in such notice ; 
 and in case such owner fails to comply with the requirements of such 
 notice within such reasonable time as aforesaid, he shall be liable to 
 a penalty not exceeding fifty pounds for such default, and to a further 
 penalty of five pounds for every day after the first day after the expi- 
 ration of such reasonable time as aforesaid during which such default 
 continues : Provided always, that any such owner may, within four- 
 teen days after the receipt of any such notice as aforesaid, serve notice 
 of appeal against the same upon the board, and thereupon such appeal 
 shall be referred to an arbitrator to be appointed by Her Majesty's 
 first commissioner of works at the request of either party, who shall 
 hear and determine the same, and may, on such evidence as he may 
 think satisfactory, either confirm the notice served by the board, or 
 may confirm the same with such modifications as he may think 
 proper, or refuse to confirm the same, and the decision of such arbi- 
 trator with respect to the requirements contained in any such notice, 
 and the reasonableness of the same, and the persons by whom and the 
 proportions in which the costs of such arbitration are to be paid, shall 
 be final and conclusive and binding upon all parties. 
 
 In case of an appeal against any such notice, compliance with the 
 requirements of the same may be postponed until after the day upon 
 which such appeal shall be so decided as aforesaid, and the same, if 
 confirmed in whole or in part, shall only take effect as and from such 
 day. 
 
 12. The board may from time to time make, alter, vary, and amend Power to 
 such regulations as they may think expedient with respect to the board to 
 requirements for the protection from fire of houses or other places of make regula- 
 
 (o) The term " public building," as interpreted by the 6th section of the 
 Metropolitan Building Act, 1855, includes every building used as a theatre, 
 public ball room, concert room, &c. ; and by the 30th section of the Act, 
 every public building shall be constructed in such a manner as may be 
 approved by the district surveyor, or, in the event of disagreement, may be 
 approved by the Metropolitan Board of Works ; and save in so far as con- 
 cerns the rules of construction, every public building shall be subject to all 
 the provisions of the Act ; section 22 of the same Act contains rules as to 
 material of floors, lobbies, corridors, &c., of public and certain other build- 
 ings.
 
 330 
 
 PAET I. 
 
 - 
 Section 12. 
 
 tions with 
 respect to 
 new theatres 
 and certain 
 new music 
 halls for pro- 
 tection from 
 fire (a). 
 
 Provisional 
 license for 
 new pre- 
 raises. 
 
 APPENDIX. METROPOLIS MANAGEMENT AND BUILDING ACTS 
 
 public resort within the metropolis to be kept open for the public 
 performance of stage plays, and of houses, rooms, or other places of 
 public resort within the metropolis containing a superficial area for 
 tlie accommodation of the public of not less than five hundred square 
 ^ eet > to be kept open for public dancing, music, or other public enter- 
 tainment of the like kind, under the authority of letters patent from 
 Her Majesty, her heirs or successors, or of licenses by the Lord 
 Chamberlain of Her Majesty's household, or by any justices of the 
 peace, or by any court of quarter sessions, which may be granted for 
 the first time after the passing of this Act ; and may by such regulations 
 prescribe the requirements as to position and structure of such houses, 
 rooms, or places of public resort which may, in the opinion of the 
 board, be necessary for the protection of all persons who may frequent 
 the same against dangers from fires which may arise therein or in the 
 neighbourhood thereof ; provided that the board may from time to 
 time in any special case dispense with or modify such regulations, or 
 may annex thereto conditions if they think it necessary or expedient 
 so to do. 
 
 The board shall, after the making, altering, varying, or amending 
 of any such regulations, cause the same to be printed, with the date 
 thereof, and a printed copy thereof shall be kept at the office of the 
 board, and all persons may at all reasonable times inspect such copy 
 without payment, and the board shall cause to be delivered a printed 
 copy, authenticated by their seal, of all regulations for the time 
 being in force to every person applying for the same, on payment by 
 such person of any sum not exceeding five shillings for every such 
 copy. 
 
 A printed copy of such regulations, dated and authenticated by the 
 seal of the board, shall be conclusive evidence of the existence 
 and of the due making of the same in all proceedings under the 
 same, without adducing proof of such seal or of the fact of such 
 making. 
 
 From and after the making of any such regulations it shall not 
 be lawful for any person to have or keep open any such house, 
 room, or other place of public resort for any of the purposes afore- 
 said, unless and until the board grant to such person a certificate 
 in writing under their seal, to the effect that such house, room, or 
 other place on its completion in accordance with the regulations 
 made by the board in pursuance of the provisions of this Act for 
 the time being in force, and in so far as the same are applicable to 
 such house or other place, and to the conditions (if any) annexed 
 thereto by the board. 
 
 In case any such house, room, or place of public resort is opened 
 or kept open by any person for any of the purposes aforesaid, contrary 
 to the provisions of this enactment, such person shall be liable to a 
 penalty not exceeding fifty pounds for every day on which such house 
 or place of public resort is so kept open as aforesaid. 
 
 13. A person interested in any premises about to be constructed, or 
 in course of construction, which are designed to be licensed and used 
 within the metropolis for the public performance of stage plays, or 
 for public dancing, music, or other public entertainment of the like 
 kind, may apply to the licensing authority for the grant of a provi- 
 sional license in respect of such premises. The grant of such provi- 
 
 (a) These regulations presumably take effect without the sanction and 
 formalities applicable to bye-laws under section 16.
 
 AMENDMENT ACT, 1878, 41 & 42 VICT.C. 32, ss. 1316. 
 
 331 
 
 sional license shall, in respect of the discretion of the licensing 
 authority and procedure, be subject to the same conditions as those 
 applicable to the grant of a like license which is not provisional. A 
 provisional license so granted shall not be of any force until it has 
 been confirmed by the licensing authority; but the licensing authority 
 shall confirm the same on the production by the applicant of a certifi- 
 cate by the board that the construction of the premises has been com- 
 
 pleted in accordance with the regulations and conditions made by the 
 board as hereinbefore provided, and on being satisfied that no objec- 
 tion can be made to the character of the holder of such provisional 
 
 license. 
 
 PART I. 
 Section 13. 
 
 PART II. 
 
 14. In this part of this Act 
 
 The term " foundations " shall mean the space immediately beneath 
 the footings of a wall : 
 
 The term " site " in relation to a house, building, or other erection 
 shall mean the whole space to be occupied by such house, 
 building, or other erection between the level of the bottom of the 
 foundations and the level of the base of walls (6). 
 
 15. The Metropolitan Building Act, 1855, and the Acts amending 
 the same, and this part of this Act shall be construed together as 
 one Act. 
 
 16. The board may from time to time make, alter, vary, amend, and 
 repeal such bye-laws as they may think expedient with respect to the 
 following matters ; that is to say,) 
 
 (1.) The foundations of houses, building, and other erections (c), 
 and the sites of houses, buildings, and other erections to be 
 constructed after the passing of this Act, and the mode in 
 which and the materials with which such foundations and 
 sites shall be made, formed, excavated, filled up, prepared, and 
 completed for securing stability, the prevention of fires, and 
 for purposes of health : 
 
 (2.) The description and quality of the substances of which walls 
 are authorized to be constructed by section twelve of the 
 Metropolitan Building Act, 1855, for securing stability, the 
 prevention of fires, and for purposes of health (cQ. 
 
 (3.) The duties of district surveyors in relation to such founda- 
 tions and sites and substances, and for the guidance and 
 control of such district surveyors in the exercise and discharge 
 of such duties : 
 
 PAET II. 
 Interpreta- 
 " Founda- 
 
 18 & 19 Viet, 
 c. 122, &c., 
 and this part 
 of this Act to 
 be construed 
 as one Act. 
 
 Power to 
 board to 
 make bye- 
 laws with 
 respect to 
 sites and 
 foundations. 
 
 18 & 19 Viet, 
 c. 122, s. 12. 
 
 (i) By section 3 of the Metropolitan Building Act, 1855, the base of the 
 wall " means the course immediately above the footings. 
 
 (c) No provision was made in the Metropolitan Building Act, 1855, for the 
 objects contemplated by this enactment, the 12th section and first schedule 
 merely directing that foundations should rest on the solid ground or upon 
 concrete, or other solid substance. 
 
 (d) Section 12 of the Metropolitan Building Act, 1855, provides that 
 walls shall be constructed of such substances and of such thickness and in. 
 such manner as are mentioned in the first schedule to the Act.
 
 PAET II. 
 Section 16. 
 
 332 APPENDIX. METROPOLIS MANAGEMENT AND BUILDING ACTS 
 
 (4.) The regulation of the amounts of the fees to be paid to such 
 district surveyors in respect of the duties imposed upon 
 them by any such bye-laws or by this Act. 
 The board may further provide by any bye-law that in any case in 
 which the board think it expedient they may dispense with the 
 observance of any bye-law made under the authority of this part of this 
 Act, subject to such terms and conditions, if any, as they may think 
 proper; and such terms and conditions may be enforced in like 
 manner in every respect as if the same had been enacted by such 
 bye-law. 
 
 The board may, subject as hereinafter mentioned, further provide 
 for the due observance of such bye-laws by enacting therein such 
 provisions as they think fit as to the deposit of plans and sections of 
 18 & 19 Viet, public buildings, and buildings to which section fifty-six of the Me- 
 c. 122, s. 56. tropolitan Building Act, 1855, applies, which shall be constructed 
 after the passing of this Act and as to inspection by the district 
 surveyor or other officer of the board, of houses, buildings, and other 
 erections to be constructed after the passing of this Act, and of the 
 plans and sections relating thereto, and as to the power of the board 
 to cause the removal, alteration, or pulling down of any house, build- 
 ing, or other erection or work done or begun in contravention of any 
 such bye-law, and by imposing such reasonable penalties as they think 
 fit, not exceeding five pounds, for each breach of such bye-law, and 
 in case of a continuing offence a further penalty not exceeding forty 
 shillings for each day after notice of such offence from the board or 
 district surveyor. 
 
 Any bye-law made in pursuance of this section, and any alteration, 
 variation, and amendment made therein, and any repeal of a bye-law, 
 shall not be of any validity until it has been confirmed by one of Her 
 Majesty's principal secretaries of state. 
 
 A bye-law made under this section shall not, nor shall any altera- 
 tion, variation, or amendment therein or repeal thereof, be confirmed 
 by one of Her Majesty's principal secretaries of state until the expira- 
 tion of two months after a copy of the bye-law, together with notice 
 of the intention to apply for confirmation of the same, has been pub- 
 lished by the board, once at least in each of two consecutive weeks, 
 in two or more newspapers circulating in the metropolis, and copies 
 of such bye-law and notice have been delivered at the office of the 
 Royal Institute of British Architects and of the Institution of Sur- 
 veyors, and to such other societies and persons as such principal secre- 
 tary of state may direct; and any person affected by any such proposed 
 bye-law, or alteration, variation, or amendment in or repeal of any 
 bye-law, may forward notice of his objection to such secretary of 
 state, who shall take the same into consideration. 
 
 All the provisions contained in sections two hundred and two 
 18 & 19 Viet, ^d two hundred and three of the Metropolis Management Act, 1855, 
 c. 120, ss. 202, as to the making, publication, and evidence of bye-laws made by the 
 203. board under the authority of the said Act, and as to penalties for 
 
 breach of the same, and the remission of such penalties, shall extend 
 and apply to the making, publication, and evidence of bye-laws made 
 by the board under the authority of this Act, and to penalties 
 for breach of any such bye-laws, and the remission of such penal- 
 ties. 
 
 Provisions 17. In case any house, building, or other erection begun to be 
 
 to buildings, constructed after the passing of this Act is constructed or begun to 
 
 &c., not be constructed upon any foundations or site or with any substances 
 
 erected on which have not been made, filled up, and prepared, or which are
 
 AMENDMENT ACT, 1878, 41 & 42 VICT. c. 82, ss. 17, 18. 333 
 
 not in description and quality in accordance with the provisions of PAST II. 
 the bye-laws relating thereto made under the authority of this 
 
 Act, or in accordance with the terms and conditions subject to b fiction 17. 
 which the board may have dispensed with the observance of any such f O undations 
 provisions, the district surveyor may forthwith, by notice to be or areas con . 
 served on the occupier of such house, building, or other erection, or formable 
 on the builder, owner, or other person engaged in constructing any such w ith bye- 
 house, building, or other erection as aforesaid, require him to alter, laws, &c. 
 pull down, or remove such house, building, or other erection, or any 
 part thereof, as he may think proper ; and in case any such occupier, 
 builder, owner, or other person, during twenty-eight days after the 
 service of such notice, fails to comply with the requirements of such 
 notice, he shall be liable to a penalty of not less than ten shillings 
 and not more than forty shillings for every day from the the time of 
 the service of such notice as aforesaid until such house, building, 
 or other erection, or such part thereof, is altered, pulled down, or 
 removed in accordance with the terms of such notice, and every 
 such penalty shall be in addition to any other penalty for breach of 
 any bye-law. 
 
 Provided always, that, notwithstanding the imposition and recovery 
 of any penalty, the board at anytime after default in compliance with 
 the requirements of such notice, if they think proper, may cause 
 complaint thereof to be made before a justice of the peace, who shall 
 thereupon issue a summons requiring such occupier, builder, owner, 
 or other person to appear at a time and place to be stated in the 
 summons to answer such complaint, and if at the time and place 
 appointed in such summons the said complaint is proved to the satis- 
 faction of the justice before whom the same is heard, such justice 
 may make an order in writing authorizing the board to enter and 
 alter, pull down, or remove such house, building, or other erection, 
 or any part thereof, and do whatever may be necessary for such pur- 
 pose, and also to remove the materials of which the same was 
 composed to a convenient place, and/unless the expenses of the board 
 be paid to them within fourteen days) subsequently sell the same as 
 they think proper ; [and all expenses incurred in respect of such 
 entering and altering, pulling down, or removing any such house, 
 building, or other erection, and in disposing of the said materials, 
 may be deducted by the board out of the proceeds of such sale, and 
 the balance, if any, shall be paid by the board to the person entitled 
 thereto ; and in case such materials are not sold by the board, or in 
 case the proceeds of the sale of the same are insufficient to defray the 
 expenses incurred by the board as aforesaid, the board may recover 
 such expenses or such insufficiency from such occupier, builder, 
 owner, or other person, together with all costs and expenses in respect 
 thereof, in like manner as if the same were a penalty imposed by 
 this Act 
 
 18. Any person affected by any notice under the preceding proyi- Power to 
 sions of this part of this Act may, within seven days after the service appeal. 
 of the same, appeal to the board. 
 
 All such appeals shall stand referred to the committee of appeal 
 appointed by the board under and in pursuance of section two hundred 
 and twelve, of the Metropolis Management Act, 1855, for hearing 18 & 19 Viet. 
 appeals, who may hear and determine the same, and may order the c - 120, s. 212. 
 district surveyor, or any other surveyor, to inspect any foundations, 
 site, house, building, or other erection, and may, on such evidence as 
 they think satisfactory, either confirm the notice served by the dis- 
 trict surveyor, or may confirm the same with such modifications as 
 they think proper, or refuse to confirm the same.
 
 334 
 
 PABT II. 
 Section 18, 
 
 Amendment 
 of section 74 
 of 18 & 19 
 Viet. c. 122, 
 with respect 
 to sale of 
 dangerous 
 structures. 
 
 Part II of 
 Act not to 
 apply to city 
 of London. 
 
 APPENDIX. METROPOLIS MANAGEMENT AND BUILDING ACTS 
 
 In case of an appeal against any such notice, compliance with the 
 requirements of the same may be postponed until after the day 
 upon which such appeal shall be so decided as aforesaid, and the 
 same, if confirmed in whole or in part, shall only take effect as and 
 from such day. 
 
 19. Where under the provisions of the Metropolitan Building Act, 
 1855, and the Acts amending the same, with respect to dangerous 
 structures, any structure is sold for payment of the expenses incurred 
 in respect thereof by the board in manner prescribed by section 
 seventy-four of the said Act, the person to whom the same is sold 
 (hereinafter referred to as " the purchaser"), his agents and servants, 
 may enter upon the land whereon such structure is standing for the 
 purpose of taking down the same and of removing the materials of 
 which the same is constructed, and any person who refuses to admit 
 the purchaser, his agents or servants, upon such land, or impedes 
 him in removing such materials, shall be liable on conviction to a 
 penalty not exceeding ten pounds, and to a further penalty of five 
 pounds for every day after the first day during which such refusal 
 continues. 
 
 Where the proceeds of the sale of any such structure under the 
 said seventy-fourth section are insufficient to repay the board the 
 amount of the expenses incurred by them in respect of such structure, 
 no part of the land whereon such structure stands or stood shall be 
 built upon until after the balance due to the board in respect of such 
 structure shall have been paid to the board. 
 
 20. Provided always, that the provisions of Part II. of this Act 
 shall not extend or apply to the city of London. 
 
 PART III. 
 
 21. The architect of the board, and any other person authorized by 
 the board in writing under their seal, may, at all reasonable times 
 after completion or during construction, enter and inspect any house, 
 room, or other place kept open or intended to be kept open for the 
 public performance of stage plays, or for public dancing, music, or 
 other public entertainment of the like kind affected by any of the pro- 
 visions of this Act, or of any regulations made in pursuance thereof ; 
 and the district surveyor of any district may at all reasonable times 
 during the progress and the three months next after the completion 
 of any house, building, erection, or work in such district affected by 
 and not exempted from any of the provisions of this Act, or by any 
 bye-law made in pursuance of this Act, or by any terms or conditions 
 upon which the observance of any such provisions or any of such 
 bye-laws may have been dispensed with, enter and inspect such house, 
 building, erection, or work; and if any person refuses to admit such 
 architect, person, or surveyor, or to afford him all reasonable assistance 
 in such inspection, in every such case the person so refusing shall 
 incur for each offence a penalty not exceeding twenty pounds. 
 
 Power to 22. For the purpose of complying with the requirements of any 
 
 owners, &c., to notice or order served or made under the provisions of this Act on 
 
 enter houses, anv owner, builder, or person in respect of any house, building, or 
 
 &c., to com- other erection, room, or place, such owner, builder, or person, his 
 
 ply with servants, workmen, and agents, may, after giving seven days' notice 
 
 PART III. 
 
 Power for 
 architect and 
 persons 
 authorized 
 by board, 
 and district 
 surveyor, to 
 enter and 
 inspect 
 theatres, 
 music halls, 
 huildings. 
 and works.
 
 AMENDMENT ACT, 1878, 41 & 42 VICT. c. 82, ss. 2226. 335 
 
 in writing to the occupier of such house, building, or other erection, PABT III. 
 room, or place, and on production of such notice or order, enter such : 
 
 house, building, or other erection, room, or place, and do all such section /Z. 
 works, matters, and things therein or thereto, or in connexion there- no tices or 
 with, as may be necessary ; and if any person refuses to admit such order, 
 owner, builder, or person, or his servants or workmen or agents, or to 
 afford them all reasonable assistance, such person shall incur for each 
 offence a penalty not exceeding twenty pounds. 
 
 23. Every penalty imposed by part I. and part III. of this Act Recovery of 
 may be recovered by summary proceedings before any justice in like penalties, 
 manner and subject to the like right of appeal as if the same \rere a 
 
 penalty recoverable by summary proceedings under the Metropolis 
 Management Act, 1855, and the Acts amending the same ; and every is & 19 Viet, 
 penalty imposed by part II. of this Act, or by any bye-law made in c. 120. 
 pursuance thereof, may be recovered by summary proceedings before 
 any justice in like manner and subject to the like right of appeal as 
 if the same were a penalty recoverable by summary proceedings under 
 the Metropolitan Building Act, 1855, and the Acts amending the 18 & 19 Viet. 
 same : Provided always, that in any proceedings against any person c. 122. 
 for more than one penalty in respect of one or more breach or 
 breaches of any provision of this Act or of any bye-law made in pur- 
 suance of this Act, it shall be lawful to include in one summons all 
 such penalties, and the charge for such summons shall not exceed 
 two shillings. 
 
 24. Her Majesty's royal palaces, and all buildings, works, and Exceptions 
 grounds excepted from the operation of the Metropolis Management from Metro- 
 Act, 1855, and the Acts amending the same, or of any of the said polis Manage- 
 Acts, shall be excepted from the operation of the provisions of this ment Acts 
 Act which are to be constructed with such Acts, and all exemptions extended to 
 from the provisions of any of the said Acts shall extend to such of *his Act. 
 
 the provisions of this Act as are to be construed 'as aforesaid with 18 & 19 Viet, 
 such Acts. c. 120 (a). 
 
 25. Her Majesty's royal palaces, and all buildings, works, and Exceptions 
 grounds excepted from the operation of the Metropolitan Building from Metro- 
 Act, 1855, and the Acts amending the same, or of any of the said politan build- 
 Acts, shall be excepted from the operation of the provisions of this in g A C*S ex- 
 Act which are to be construed with such Acts, and all exemptions tended to this 
 from the provisions of any of the said Acts shall extend to such of ^ c *l 
 
 the provisions of this Act as are to be construed as aforesaid with 18 * ,,7 
 such Acts. c - 122 (*) 
 
 26. Nothing in this Act, or in any bye-law of the board there- Act not to 
 under, shall apply to the Inner Temple, the Middle Temple, Lincoln's a PP ] y to the 
 
 Inner and 
 
 (a) These exceptions are apparently contained in the 237th section of the 
 Metropolis Management Act, 1855 (Ely Place, &c.); the 240th section 
 relating to the Crown Estates Paving Act, 1851, the 240th section saving 
 rights of Her Majesty's commissioners of works, &c. ; the 116th section of 
 the Metropolis Local Management Amendment Act, 1862, saving the rights 
 of the crown and the duchy of Lancaster ; the 117th section with a like 
 enactment relating to the duchy of Cornwall ; the 242nd section as to the 
 powers of the city commissioners of sewers; the 243rd section as to the rights 
 of metropolitan sewage manure company ; the 244th section saving rights 
 of commissioners or trustees of turnpike roads; and the 245th section 
 saving the powers of the metropolitan commissioners of police. 
 
 (6) These exceptions are contained in the 6th section of that Act, and 
 the 2nd section of the Metropolitan Buildings Amendment Act, 1861.
 
 336 APPENDIX. METROPOLIS MANAGEMENT, &c., ACT. 
 
 PAET III, Inn, Gray's Inn, Staple Inn, Furnival's Inn, or the close of the 
 - collegiate church of Saint Peter, Westminster. 
 
 Middle 27. Nothing contained in this Act, or in any bye-law thereunder 
 
 Temple, &c. made, shall apply to or shall authorize or empower the board, or any 
 S vin ri hts vestrv district board, or district surveyor, to take, use, or in any 
 of the crown manner interfere with any land, soil, tenements, or hereditaments, 
 and the duchy or an 7 ri g nts f whatsoever nature, belonging to or enjoyed or 
 of Lancaster, exercisable by the Queen's most Excellent Majesty in right of her 
 crown, or in right of her duchy of Lancaster, without the consent in 
 writing of the commissioners for the time being of Her Majesty's 
 woods, forests, and land revenues, or one of them, on behalf of Her 
 Majesty, in right of her crown, first had and obtained for that purpose 
 (which consent such commissioners are hereby respectively authorized 
 to give), or without the consent in like manner of the chancellor of the 
 said duchy, on behalf of Her Majesty, in right of her said duchy ; 
 neither shall anything contained in this Act, or in any bye-law there- 
 under made, extend to divest, take away, prejudice, diminish, or alter 
 any estate, right, privilege, power, or authority vested in or enjoyed 
 or exerciseable by the Queen's Majesty, her heirs or successors, in 
 right of her crown, or in right of her said duchy ; and nothing con- 
 tained in part I. of this Act shall apply to the extension of Savoy 
 Street or the bridge which the chancellor and council of the said 
 duchy are by the Metropolitan Board of Works (Various Powers) 
 Act, 1875 (a), empowered to make and construct, or to any house or 
 building within the precinct of the Savoy, or upon the land mentioned 
 in section six (b) of the last-mentioned Act, constructed or extended 
 after the passing of this Act, in or abutting upon any road, passage, 
 or way existing, formed, or laid out at the time of the passing of this 
 Act. 
 
 (a) Which gives power to the metropolitan board of worts to make im- 
 provements in connection with the Victoria Embankment in and near the 
 precinct of the Savoy. 
 
 (b) Providing that the board may surrender to the duchy of Lancaster 
 two strips of land, parts of, and at the easternmost end of the board's vacant 
 ground ; and any land so granted shall be deemed to be part of the im- 
 provable ground in the liberty of the Savoy, within the meaning of certain 
 letters patent of the llth of October, 51 George 3.
 
 AN ACT 
 
 FOR THE ESTABLISHMENT OF A FIRE BRIGADE 
 WITHIN THE METROPOLIS. 
 
 28 & 29 VICT. CAP. 90. 
 
 5TH JULY, 1865. 
 
 WHEREAS it is expedient to make further provision for the protection 
 of life and property from fire within the metropolis : Be it enacted 
 by the Queen's most excellent Majesty, by and with the advice and 
 consent of the lords spiritual and temporal, and commons in this 
 present parliament assembled, and by the authority of the same, as 
 follows : 
 
 1. This Act may be cited for all purposes as the " Metropolitan Short title. 
 Fire Brigade Act, 1865." (c). 
 
 2. For the purposes of this Act the " metropolis " shall mean the Definition of 
 city of London and all other parishes and places for the time being " Metropolis >: 
 within the jurisdiction of the metropolitan board of works : and " Insu- 
 
 " Insurance Company " shall include any persons corporate or ranee Coua- 
 
 (c) This Act, which came into operation on the 1st January, 1866, im- 
 poses upon the metropolitan board, the duty of extinguishing fires and pro- 
 tecting life and property in case of fire within the metropolis, and amongst 
 other provisions it empowered the board to take on lease, purchase, or other- 
 wise acquire station houses or land for affecting its purposes. The stations, 
 plant, and other property belonging to the fire engine establishments of the 
 insurance companies in the metropolis are transferred to the board. It 
 establishes a fire brigade with power to the board to make regulations for 
 the training, discipline, &c. of the men belonging to it. It authorizes ves- 
 tries to allow compensation to engine keepers hitherto employed in the 
 service of fire engines, and requires fire insurance companies to pay to the 
 board an annual contribution to the expenses of executing the Act, and the 
 commissioners of the treasury to pay to the board, by way of contribution 
 to the expenses, such sums as parliament may from time to time grant 
 within a stated limit. This Act contains provisions for meeting expenses 
 not specially provided for, and empowers the board, with the consent of the 
 treasury, to borrow money ; but those sections are now repealed by the 
 Metropolitan Board of Works (Loans) Act, 1869, which substitutes other 
 powers for these purposes, which are referred to in the notes, infra.
 
 338 
 Section 2. 
 
 Definition of 
 " Metropolis 
 Local Man- 
 agement 
 Acts." 
 
 APPENDIX. METROPOLITAN FIRE BRIGADE ACT, 1865, 
 
 tinincorporate, or any person carrying on the business of fire in- 
 surance. 
 
 3. The expression "Metropolis Local Management Acts" shall 
 mean the Acts following ; that is to say, " The Metropolis Manage- 
 ment Act, 1855," " The Metropolis Management Amendment Act, 
 1856," and " The Metropolis Management Amendment Act, 1862." 
 
 Duty of 
 metropolitan 
 board in 
 relation to 
 fires. 
 
 Purchase of 
 buildings and 
 land. 
 
 Transfer of 
 plant of 
 existing fire 
 offices. 
 
 Constitution 
 of fire 
 brigade. 
 
 Establishment and Duties of Fire Brigade. 
 
 4. On and after the first day of January one thousand eight hun- 
 dred and sixty six the duty of extinguishing fires and protecting life 
 and property in case of fire shall within the metropolis be deemed 
 for the purposes of this Act to be entrusted to the metropolitan 
 board of works ; and with a view to the performance of that duty it 
 shall be lawful for them to provide and maintain an efficient force of 
 firemen, and to furnish them with all such fire engines, horses, accou- 
 trements, tools, and implements as may be necessary for the complete 
 equipment of the force, or conducive to the efficient performance of 
 their duties. 
 
 5. The said board, hereinafter referred to as the board, may take 
 on lease, purchase, or otherwise acquire stations for engines, stables, 
 houses for firemen, and such other houses, buildings, or land as they 
 may think requisite for carrying into effect the purposes of this Act, 
 and may from time to time sell any property acquired by or vested 
 
 in them for the purposes of this Act 
 The board mav also ( 
 
 Salaries of fire 
 brigade. 
 
 Iso contract with any company or persons aiitho- 
 rized to establish the same for the establishment of telegraphic com- 
 munication between the several stations in which their fire engines 
 or firemen are placed, and between any of such stations and other 
 parts of the metropolis. 
 
 6. On and after the said first day of January one thousand eight 
 dred and sixty-six all stations, fire engines, fire escapes, plant, and 
 other property belonging to or used by the fire engine establishment 
 of the insurance companies in the metropolis shall vest in or be con- 
 veyed or assigned to the board for all the estate and interest of the 
 said companies therein, upon trust to be applied by the board to the 
 purposes of this Act, but subject to all legal liabilities and obliga- 
 tions attaching thereto, including the payment of all pensions that 
 have been granted to the members of the said fire engine establish- 
 ment, according to a list, that has been furnished to the chairman of 
 the said board by the chief officer of the said fire engine establishment, 
 and all trustees for the same shall be indemnified against such 
 liabilities and obligations. The board may also, if they think fit, 
 purchase the stations, fire engines, and plant belonging to any parish ,, 
 place, or body of persons within their jurisdiction. 
 
 7. The force of firemen established under this Act, hereinafter 
 called the metropolitan fire brigade, shall be under the command of 
 an officer, to be called the chief officer of the metropolitan fire 
 brigade. 
 
 The chief officer and men composing the said fire brigade shall be 
 appointed and removed at the pleasure of the board. 
 
 8. The board shall pay such salaries as they think expedient to the
 
 28 & 29 VICT. c. 90, ss. 812. 339 
 
 said fire brigade. They may also make such regulations as they Section 8- 
 
 think fit with respect to the compensation to be made to them in 
 
 case of accident, or to their wives or families in case of their death ; 
 
 also with respect to the pensions or allowances to be paid to them in 
 
 case of retirement ; also with respect to the gratuities to be paid to 
 
 persons giving notices of fires ; also with respect to gratuities by way 
 
 of a gross sum or annual payment to be from time to time awarded to 
 
 any member of the said force, or to any other person, for extraordinary 
 
 services performed in cases of fire ; also with respect to gratuities to 
 
 turncocks belonging to waterworks from which a supply of water is 
 
 quickly derived. 
 
 9. The board may by bye-laws make regulations for the training, Power to 
 discipline, and good conduct of the men belonging to the said fire make regula- 
 brigade, for their s 
 necessary i mplements on the occasion of any alarm of fire, an d generally 
 
 , 
 
 brigade, for their speedy attendance with engines, fire escapes, and all ti ns * r fr" 6 
 necessary i mplements on the occasion of any alarm of fire, an d generally 
 for the maintenance in a due state of efficiency of the said brigade, 
 
 and may annex to any breach of such regulations penalties not exceed- 
 ing in amount forty shillings, but no bye-law under this section shall 
 be of any validity unless it is made and confirmed in manner directed 
 by the Metropolis Local Management Acts ; and all provisions of the 
 said Acts relating to bye-laws shall, with the necessary variations, 
 apply to any bye-laws made in pursuance of this Act. 
 
 10. The vestry of any parish or place in the metropolis may allow Compensation 
 such compensation as they think just to any engine keeper or other * P ar ish 
 person employed in the service of fire engines who has hitherto omcers - 
 been paid out of any rate raiseable in such parish or place, and 
 
 who is deprived of his employment by or in consequence of the 
 passing of this Act, and any compensation so allowed shall be paid 
 out of the rate out of which the salary of the officer so compensated 
 was payable. 
 
 11. The board may make such arrangements as they think fit as to As to pur- 
 establishing fire escapes throughout the metropolis. They may for chase of fire 
 that purpose contribute to the funds of the Royal Society for the escapes. 
 Protection of Life from Fire, or of any existing society that provides 
 
 fire escapes, or may purchase or take by agreement the property of any 
 existing society in their stations and fire escapes, and generally may 
 maintain such fire escapes and do such things as they think expedient 
 towards aiding persons to escape from fire ; and any expenses incurred 
 by them in pursuance of this section shall be deemed to be expenses 
 incurred in carrying into effect this Act. 
 
 12. On the occasion of a fire the chief or other officer in charge of As to powers 
 the fire brigade may, in his discretion, take the command of any of fire brigade. 
 volunteer fire brigade or other persons who voluntarily place their 
 
 services at his disposal, and may remove, or order any fireman to 
 remove, any persons who interfere by their presence with the opera- 
 tions of the tire brigade, and generally he may take any measures 
 that appear expedient for the protection of life and property, with 
 power by himself or his men to break into or through, or take pos- 
 session of, or pull down any premises for the purpose of putting an 
 end to a fire, doing as little damage as possible ; he may also on any 
 such occasion cause the water to be shut off from the mains and pipes 
 of any district, in order to give a greater supply and pressure of water 
 in the district in which the fire has occurred ; and no water company 
 shall be liable to any penalty or claim by reason of any interruption of 
 z2
 
 340 APPENDIX. METROPOLITAN FIBE BRIGADE ACT, 1865, 
 
 Section 12. the supply of water occasioned only by compliance with the provisions 
 of this section. 
 
 All police constables shall be authorized to aid the fire brigade in 
 the execution of their duties. They may close any street in or near 
 which a fire is burning, and they may of their own motion, or on 
 the request of the chief or other officer of the fire brigade, remove any 
 persons who interfere by their presence with the operations of the fire 
 brigade. 
 
 Any damage occasioned by the fire brigade in the due execution of 
 their duties shall be deemed to be damage by fire within the meaning 
 of any policy of insurance against fire. 
 
 Contributions 
 by insurance 
 offices. 
 
 Mode of 
 
 enforcing 
 
 contributions. 
 
 Mode of 
 ascertaining 
 proportions 
 of contri- 
 bution. 
 
 Expenses. 
 
 13. Every insurance company that insures from fire any property 
 in the metropolis shall pay annually to the metropolitan board of 
 works, by way of contribution towards the expenses of carrying this 
 Act into'eftect, a sum after the rate of thirty-five pounds in the one 
 million pounds on the gross amounts insured by it, except by way of 
 reassurance, in respect of property in the metropolis for a year, and 
 at a like rate for any fractional part of a million, and for any frac- 
 tional part of a year as well as for any number of years for which the 
 insurance may be made, renewed, or continued. 
 
 The said payments by insurance companies shall be made quar- 
 terly in advance, on the first of January, first of April, first of July, 
 and first of October in every year ; the first of such payments to be 
 made on the first of January one thousand eight hundred and sixty- 
 six, and such first payment and the other payments for the year one 
 thousand eight hundred and sixty-six to be based upon the amounts 
 insured by the several companies in respect of property in the metro- 
 polis in the year ending the twenty-fourth of December one thousand 
 eight hundred and sixty-four : provided that any insurance company 
 which at the time of the passing of this Act contributes to the expenses 
 of the said fire engine establishment may, in respect of all payments 
 to be made by it in the years one thousand eight hundred and sixty- 
 six and one thousand eight hundred and sixty-seven, but not after- 
 wards, contribute after the yearly rate of thirty-five pounds in one 
 million pounds of the business in respect of which it contributes 
 to the said fire engine establishment for the present year, according 
 to a return which has been furnished to the chairman of the said 
 metropolitan board, instead of in the manner in this Act pro- 
 vided (a). 
 
 14. All contributions due from an insurance company to the board 
 in pursuance of this Act shall be deemed to be specialty debts due 
 from the company to the board, and be recovered accordingly. 
 
 15. For the purpose of ascertaining the amount to be contributed 
 by every such insurance company as aforesaid, every insurance com- 
 pany insuring property from fire in the metropolis shall, on the 
 thirtieth day of December one thousand eight hundred and sixty- 
 five, with respect to the amounts insured in the year one thousand 
 eight hundred and sixty -four, and on the first of June one thousand 
 eight hundred and sixty-six, and on every succeeding first of June, 
 
 (a) By the Statute Law Revision Act, 1875, the latter part of this section, 
 beginning " the first of such payments," is expressly repealed.
 
 28 & 29 VICT. c. 90, ss. 1519. 341 
 
 or on such other clays as the metropolitan board of works may Section 15. 
 appoint, make a return to the said hoard, in such form as they may 
 require, of the gross amount insured by it in respect of property in 
 the metropolis. 
 
 There shall be annexed to the return so made a declaration made 
 by the secretary or other officer performing the duties of secretary of 
 the company by whom it is made, stating that he has examined the 
 return with the books of the company, and that to the best of his 
 knowledge, information, and belief it contains a true and faitbiul 
 ccount of the gross amount of the sums insured by the company to 
 which he belongs in respect of property in the metropolis. 
 
 The return made in the June of one year shall not come into effect 
 till the first of January of the succeeding year, and shall be the basis 
 of the contributions for that year. 
 
 16. If any insurance company makes default in making such Penalty on 
 returns to the board as are required by this Act, it shall be liable to insurance 
 
 a penalty (6) not exceeding five pounds for every day during which it company not 
 
 is so in default. makm & 
 
 return. 
 
 17. The secretary or other officer having the custody of the books Examination 
 and papers of any insurance company that is required to pay a con- of books of 
 tribution to the board in pursuance of this Act shall allow any officer insurance 
 appointed by the board to inspect, during the hours of business, any companies. 
 books and papers that will enable him to ascertain the amount of pro- 
 perty insured by such company in the metropolis, and the amount 
 
 for which it is insured, and to make extracts from such books or 
 papers ; and any secretary or other such officer as aforesaid of a com- 
 pany failing to comply with the requisitions of this section in respect 
 of such inspections and extracts shall be liable on summary conviction 
 to a penalty not exceeding five pounds for each offence. 
 
 18. The commissioners of Her Majesty's treasury shall pay or Contribu- 
 cause to be paid to the board by way of contribution to the expenses tions by 
 
 of maintaining the fire brigade such sums as parliament may from time Government 
 to time giant for that purpose, not exceeding in any one year the sum towards 
 of ten thousand pounds. expense of 
 
 19. For the purpose of defraying all expenses that may be incurred Expenses of 
 by the board in carrying into effect this Act which are not otherwise Act not 
 provided for, the board may from time to time issue their precepts to specially pro- 
 the overseers of the poor of every parish or place within the metro- nded. for (c). 
 polis, requiring the overseers to pay over the amount mentioned 
 in the precepts to the treasurer of the board or into a bank to be 
 named in the precepts within forty days from the delivery of the 
 precept. 
 
 The overseers shall comply with the requisitions of any such pre- 
 cept by paying the sums mentioned out of any moneys in their hands 
 applicable to the relief of the poor, or by levying the amount required 
 as part of the rate for the relief of the poor, but no contribution 
 
 (J) As to recovery of penalties, see section 24. 
 
 (c) This, and the 20th and 21st sections, are repealed (with the savings 
 expressed) by the Metropolitan Board of Works (Loans) Act, 1869, section 
 50, and schedule 3, and by the 22nd section of that Act empowering the 
 Board to levy a consolidated rate, they are required, in making any esti- 
 mate, to compute the part required in respect of securities or stock issued 
 for the purposes of the Main Drainage Acts and the Fire Brigade ; and in
 
 342 
 
 Section 19. 
 
 Penalty on 
 non-payment 
 of rate by 
 overseers (a). 
 
 Power to 
 Board, with 
 consent of 
 Treasury, to 
 borrow not 
 exceeding 
 40,000 (i). 
 
 APPENDIX. METROPOLITAN FIRE BRIGADE ACT, 1865, 
 
 required to be paid by any parish or place under this section shall 
 exceed in the whole in any one year the rate of one halfpenny in the 
 pound on the full and fair annual value of property rateable to the 
 relief of the poor within the said parish or place, such lull and fair 
 annual value to be computed in all parts of the metropolis, exclusive 
 of the city of London, according to the last valuation for the time 
 being acted on in assessing the county rate, or, where there is no 
 county rate, according to a like estimate or basis ; and no liberty, pre- 
 cinct, or place shall be exempt from the rate leviable for the purposes 
 of this Act by reason of its being extra-parochial or otherwise ; and in 
 default of proper officers in any liberty, precinct, or place to assess or 
 levy the said rate, the board may appoint such officers, and add the 
 amount of any expenses so incurred to the amount to be raised by the 
 next succeeding rate in such liberty, precinct, or place. 
 
 Overseers shall for the purposes of levying any amount required 
 to be levied by them under this Act, have the same powers and be 
 subject to the same obligations as in levying a rate for the relief of 
 the poor. 
 
 The word " overseers " shall include any persons or bodies of per- 
 sons authorised or required to make and collect or cause to be collected 
 rates applicable to the relief of the poor ; and such persons or bodies 
 shall pay to the board the amount so mentioned in the precept out of 
 the said rates. 
 
 20. In case the amount ordered by any such precept as aforesaid to 
 be paid by the overseers of any parish or place be not paid in manner 
 directed by such precept and within the time therein specified for 
 that purpose, it shall be lawful for any justice of the peace, upon the 
 complaint by the board or by any person authorised by the board 5> 
 to issue his warrant for levying the amount or so much thereof 
 as may be in arrear by distresss and sale of the goods of all or 
 any of the said overseers, and in case the goods of all the overseers 
 be not sufficient to pay the same, the arrears thereof shall be added 
 to the amount of the next levy which is directed to be made in such 
 parish or place for the purposes of this Act, and shall be collected by 
 the like methods. 
 
 21. The board may, with the consent of the commissioners of Her 
 Majesty's treasury, borrow any sum not exceeding forty thousand 
 pounds, and apply the &ame for the purposes of this Act ; and all 
 powers contained in the metropolis local management Acts authoris- 
 ing the board to borrow money, or any commissioners or persons to 
 
 making an estimate for the purposes of the Fire Brigade Act, the Board 
 shall not estimate the sum required as larger than a sum which would be 
 produced by a rate of one halfpenny in the pound on the gross value of the 
 property assessed to the metropolitan consolidation rate. The Metropoli- 
 tan Board of Works (Loans) Acts, 1875, section 3, limits the amount the 
 Board are authorised to expend for the purposes of this Act up to the 
 31st December, 1876 ; and similar restrictive provisions are contained in 
 subsequent Acts up to the dates therein specified, viz., the Metropolitan 
 Board of Works (Loans) Act, 1876, up to 31st December, 1877 ; the Metro- 
 politan Board of Works (Money) Act, 1877, up to 31st December, 1878; 
 and the Metropolitan Board of Works (Money) Act, 1878, up to 31st 
 December, 1879. 
 
 (a) See note to section 19, ante. 
 
 (6) See note to section 19, ante. By the Metropolitan Board of Works 
 (Loans) Act, 1869, section 36, the Board are empowered to create consolidated
 
 28 & 29 VICT. c. 90, ss. 2124. 34,3 
 
 lend money to the board, and all other provisions as to the mode of Section 21. 
 
 borrowing, the repayment of principal or interest, or in anywise 
 
 relating to borrowing by the board, shall be deemed to apply and to 
 
 extend to this Act in the same manner as if the moneys borrowed in 
 
 ptirsuance of this Act were moneys borrowed for the purpose of 
 
 defraying the expenses of the metropolis local management Acts, or 
 
 one or more of those Acts. The board shall apply the moneys received 
 
 by them under this Act in liquidation of the principal and interest of 
 
 the moneys so borrowed, but no creditor shall be concerned to see to 
 
 such application, or be liable for any misapplication of the moneys 
 
 received or borrowed by the board in pursuance of this Act. 
 
 Miscellaneous. 
 
 22. Where any chief officer, or other person who has been employed Power to 
 by the board in any capacity under this Act, and has been discharged turn dis- 
 therefrom, continues to occupy any house or building that may be charged 
 provided for his use, or any part thereof, after one week's notice in officers or 
 wilting from the board to deliver up possession thereof, it shall be meu out of 
 lawful for any police magistrate, on the oath of one witness, stating ??f? s f P ro " 
 such notice to have been given, by warrant under his hand to order ?? ^ 
 any constable to ente.r into the house or building occupied by such 
 discharged chief officer or other person as aforesaid, and to remove 
 him and his family and servants therefrom, and afterwards to deliver 
 the possession thereof to the board, as effectually, to all intents and 
 purposes, as the sheriff having jurisdiction within the place where 
 such house or building is situate might lawfully do by virtue of a writ 
 a judgment at law. 
 
 23. If the chimney of any house or other building within the Penalty where 
 metropolis is on tire, the occupier of such house or building shall be chimneys are 
 liable to a penalty not exceeding twenty shillings ; but if such occu- on fire. 
 
 pier proves that he has incurred such penalty by reason of the neglect 
 or wilful default of any other person, he may recover summarily 
 from such person the whole or any part of the penalty he may have 
 incurred as occupier. 
 
 24. All penalties imposed by this Act, or by any bye-law made in Recovery of 
 pursuance thereof, and all expenses and other sums due to the board penalties.(c) 
 in pursuance of this Act, in respect of which no mode of recovery is 
 prescribed, may be recovered summarily before two justices in 
 
 manner directed by the Act of the Session hold en in the eleventh 
 and twelfth years of the reign of Her present Majesty, chapter 
 forty-three, or any Act amending the same, and when so recovered 
 
 stock for the purpose of raising, in addition to the loans authorised by the 
 Acts mentioned in the first schedule, such further sums as the Treasury 
 may sanction, for the purpose, amongst others, of providing station houses, 
 fire engines, fire escapes, and permanent plant, for the purposes of this Act, 
 and all the provisions of the Act are to apply as if such sums were loans 
 authorised by this Act and the other Acts referred to. 
 
 (c) See as to application of penalties under the Metropolis Management 
 Acts, section 105 of 25 & 26 Viet. c. 102, ante, providing for penalties 
 recovered by the Metropolitan Board and Vestries and District Boards, and 
 the enactments and decisions referred to in the note to that section.
 
 344 
 
 Section 24. 
 
 Summary 
 proceedings 
 for deter- 
 mining cer- 
 tain matters. 
 
 Extension of 
 powers 
 given to two 
 iustices. 
 
 Audit of 
 accounts, and 
 report by 
 Board, (a) 
 
 Power to 
 delegate 
 powers of 
 Board to a 
 committee. 
 
 Establish- 
 ment of 
 salvage 
 force by 
 insurance 
 offices. 
 
 Brigade when 
 employed 
 beyond the 
 metropolis, or 
 on special 
 services. 
 
 APPENDIX. METROPOLITAN FIRE BRIGADE ACT, 1865, 
 
 shall be paid to the treasurer of the board, notwithstanding any police 
 Act or other Act of parliament directing a different appropriation of 
 such moneys. 
 
 25. Any dispute or other matter which is by this Act directed to 
 be determined summarily by two justices shall be deemed to be a 
 matter in respect of which a complaint is made upon which they 
 have authority by law to make an order for payment of money within 
 the meaning of the said Act of the session holden in the eleventh 
 and twelfth years of the reign of Her present Majesty, chapter forty- 
 three, or any Act amending the same. 
 
 26. Any act, power, or jurisdiction hereby authorized to be done 
 or exercised by two justices may be done or exercised by the follow- 
 ing magistrates within their respective jurisdictions: that is to say, 
 by any metropolitan police magistrate sitting alone at a police court 
 or other appointed place, or by the Lord Mayor of the city of London, 
 or any alderman of the said city, sitting alone or with others at the 
 Mansion House or Guildhall. 
 
 27. The accounts of the board in respect of expenses incurred by 
 them under this Act shall be audited in the same manner as if they 
 were expenses incurred under the said Metropolis Local Management 
 Acts, and the board shall in each year make a report to one of Her 
 Majesty's principal secretaries of state of all acts done and expendi- 
 ture incurred by them in pursuance of this Act, and that report shall 
 be laid before parliament within one month after the commencement 
 of the session. 
 
 28. The board may delegate any powers conferred on them by this 
 Act to a committee of their body; and such committee shall, to the 
 extent to which such powers are delegated, be deemed to be the board 
 within the meaning of this Act. 
 
 29. If the companies insuring property within the metropolis, or 
 any such number of them as may in the opinion of the said board be 
 sufficient, establish a force of men charged with the duty of attending 
 at fires and saving insured property, it shall be the duty of the fire 
 brigade, with the sanction of the board, and subject to any regulations 
 that may be made by the board, to afford the necessary assistance to 
 that force in the performance of their duties, and, upon the application 
 of any officer of that force, to hand over to their custody property 
 that may be saved from fire; and no charge shall be made by the said 
 board for the services thus rendered by the fire brigade. 
 
 30. It shall be lawful for the board, when occasion requires, to 
 permit any part of the fire brigade establishment, with their engines, 
 escapes, and other implements, to proceed beyond the limits of the 
 metropolis for the purpose of extinguishing fires. In such case the 
 owner and occupier of the property where the fire has occurred shall 
 
 liable to defray all the expenses that may be 
 
 (a) See section 195 of Metropolis Management Act, 1855, ante, as to audit 
 of accounts of metropolitan board, and the note to that section. The Metro- 
 politan Board of Works (Loans) Act, 1869, section 31, enacts that the Board 
 shall keep proper accounts, showing the appropriation of the moneys raised 
 by the consolidated stock created under that Act for the purposes, amongst 
 others, of this Act.
 
 28 & 29 VICT. c. 90, ss. 3034. 
 
 incurred by the fire brigade in attendin 
 
 345 
 
 Section 30. 
 
 board a reasonable charge for the attendance of the fire brigade, and 
 the use of their engines, escapes, and other implements. In case of 
 difference between the board and the owner and occupier of such pro- 
 perty, or either of them, the amount of the expenses, as well as the 
 propriety of the fire brigade attending such fire (if the propriety 
 thereof be disputed), shall be summarily determined by two justices. 
 In default of payment, any expenses under this section may be reco- 
 vered by the board in a summary manner. 
 
 The board may also permit any part of the fire brigade establish- 
 ment to be employed on special services upon such terms of remune- 
 ration as the said board may think just. 
 
 31. The metropolitan fire brigade shall in the morning of each day, Board to send 
 with the exception of Sundays, send information, by post or other- information 
 wise, to all the insurance offices contributing for the purposes of this of fires to 
 Act, of all fires which have taken place within the metropolis since offices. 
 
 the preceding return, in such form as may be agreed upon between 
 the board and the said companies. 
 
 32. All the powers now exercised by any local body or officer Transfer to 
 within the metropolis as respects fire-plugs shall henceforth be exer- Board of 
 cised by the board, and the board shall be entitled to receive copies powers of 
 or extracts of all plans kept by any water company under the pro- parishes as 
 vision of the Act of the session of the fifteenth and sixteenth years of to ^ re " 
 Her Majesty, chapter eighty-four ; and every such water company P^ U S S W 
 shall provide at the expense of the board in any mains or pipes within 
 
 the metropolis plugs for the supply of water in case of fire at such 
 places, of such dimensions, and in such form as the board may require, 
 and the fire brigade shall be at liberty to make such use thereof as 
 they may deem necessary for the purpose of extinguishing any fire ; 
 and every such company shall deposit keys of all their fire-plugs at 
 such places as may be appointed by the board, and the board may 
 put up on any house or building a public notice in some conspicuous 
 place in each street in which a fire-plug is situated, showing its 
 situation. 
 
 33. " Owner " in this Act shall mean the person for the time being Definition of 
 receiving the rack-rent of the premises in connexion with which the " owner." 
 word is used, either on his own account or as agent or trustee for some 
 
 other person, or who would receive the same if the premises were let 
 at rack-rent. 
 
 Repeal. 
 
 34. On and alter the first day of January one thousand eight hun- Partial repeal 
 dred and sixty-six there shall be repealed so much as is unrepealed of unrepealed 
 of an Act passed in the fourteenth year of His late Majesty King sections of 
 George the Third, chapter seventy-eight, and intituled " An Act for 14 Geo - 3 > 
 the further and better regulation of buildings and party walls, and c - 78 ( c )- 
 
 for the more effectually preventing mischief by fire, within the cities 
 of London and Westminster and the liberties thereof, and other the 
 
 (b) By the Metropolitan Water Act, 1871, section 34, the operation of 
 this section is made subject to the special provisions therein enumerated, 
 extending the meaning of the term " plugs," as to expenses of providing 
 plugs, and other matters. See the Act, post. 
 
 (c) This section is repealed by Statute Law Revision Act, 1875.
 
 346 APPENDIX. METEOPOLITAN FIRE BRIGADE ACT, 1865, ss. 34, 35. 
 
 Section 34. parishes, precincts, and places within the weekly bills of mortality, 
 the parishes of St. Marylebone, Paddington, St. Pancras, and St. Luke 
 at Chelsea, in the county of Middlesex, and for indemnifying, under 
 certain conditions, builders and other persons against the penalties 
 to which they are or may be liable for erecting buildings within the 
 limits aforesaid contrary to law," with the exception of sections eighty- 
 three and eighty-six which shall remain in full force, but such repeal 
 shall not affect any penalty or liability incurred under the repealed 
 sections. 
 
 Partial repeal 35. On and after the first day of January one thousand eight hun- 
 of3&4Will.4, dred and sixty-six section forty-four of an Act passed in the session 
 . 90. holden in the third and fourth years of the reign of King William the 
 
 Fourth, chapter ninety, shall be repealed so far as respects any parish 
 or place within the limits of the metropolis as defined by this Act ; 
 Provided that the repeal of the said section shall not affect the power 
 of the churchwardens and overseers of any parish or place to contri- 
 bute to the funds of any society that at the time of the passing of this 
 Act maintains fire escapes in such parish or place, unless and until 
 the board purchases the property of such society, or otherwise pro- 
 vides fire escapes in such parish or place.
 
 AN ACT 
 
 TO MAKE PROVISION FOR THE IMPROVEMENT, PRO- 
 TECTION, AND MANAGEMENT OF COMMONS NEAR 
 THE METROPOLIS. 
 
 29 & 30 VICT. CAP. 122. 
 
 IOTH AUGUST, 1866. 
 
 BE it enacted by the Queen's most excellent Majesty, by and with the 
 advice and consent of the Lords spiritual and temporal, and Commons, 
 in this present parliament assembled, and by the authority of the 
 same, as follows : 
 
 1. This Act may be cited as the Metropolitan Commons Act, Short title. 
 1866 (a). 
 
 2. For the purposes of this Act the local authority in relation to Definition 
 each metropolitan common shall be the authority described as such of local 
 in connexion therewith in the first schedule to this Act ; and for the authority 
 
 (a) This Act was amended by the Metropolitan Commons Amendment Act, 
 1869 (32 & 33 Viet. c. 107), and by the Metropolitan Commons Act, 1878 
 (41 & 42 Viet. c. 71), which see post. By Acts passed subsequently to this 
 Act, schemes prepared by the inclosure commissioners under the provisions 
 of this Act for the management of the following commons, &c., placing 
 them under the jurisdiction of the Metropolitan Board of Works, were con- 
 firmed, viz., 84 & 35 Viet. c. 57 (Metropolitan Commons Supplemental Act, 
 1871) (Blackheath) ; 34 & 35 Viet. c. 63 (Metropolitan Commons Second 
 Supplemental Act, 1871) (Shepherd's Bush Common) ; 35 & 36 Viet. c. 43 
 (Metropolitan Commons Supplemental Act, 1872) (Hackney Commons); 
 36 & 37 Viet. c. 86 (Metropolitan Commons Supplemental Act, 1873) 
 (Tooting Beck Common) ; 40 & 41 Viet. c. 201 (Metropolitan Commons 
 Supplemental Act, 1877) (Clapham Common). The 34 & 35 Viet. c. 77, 
 confirms an arrangement between the board and the lord of the manor of 
 Hampstead, for the purchase of the lord's rights over that manor, and by 
 34 & 35 Viet. c. 181, Wandsworth Common is vested in a body of conser- 
 vators, of whom one is elected by the metropolitan board. See 37 Viet. c. 10, 
 enabling the board to acquire possession of Leicester Square, and the 
 40 & 41 Viet. c. 35, empowering the board to acquire open spaces for 
 the benefit of the public. It appears from the report of the Metropolitan 
 Board of Works for the year 1877, p. 38, that the area of the parks, 
 commons, and open spaces under the control of the board under various 
 Acts was at the date of that report, l,368f acres, and negotiations were pend- 
 ing for the preservation and management of other commons and lands, and 
 the report contains detailed particulars as to the expenditure of the board 
 for their maintenance and other matters.
 
 348 
 
 Section 2. 
 
 and local 
 rate. 
 
 Interpre- 
 tation of 
 terms. 
 
 To what 
 Commons 
 Act applies. 
 
 Exclusion of 
 authority of 
 commis- 
 sioners to 
 inclose, &c. 
 
 Memorial 
 for scheme- 
 as to 
 common. 
 
 APPENDIX. THE METROPOLITAN COMMONS ACT, 1866, 
 
 purposes of this Act the local rate in relation to each metropolitan 
 common shall be the rate described in connexion therewith in the 
 same schedule. 
 
 3. In this Act 
 
 The term " common" (a) means land subject at the passing of this 
 Act to any right of common ; the term " commoner" means a 
 person having any such right of common ; the term " manor" 
 includes reputed manor ; and those terms as used in this Act 
 respectively refer to any particular common to which this Act 
 applies, and to every person having a right of common in, over, 
 or affecting that common, and to the manor of the wastes 
 whereof that common is part : 
 
 The term " the commissioners" means the inclosure commissioners 
 for England and Wales, and the term " assistant commissioner" 
 means the assistant commissioner appointed by the inclosure 
 commissioners. 
 
 4. This Act shall apply to any common the whole or any part 
 whereof is situate within the metropolitan police district (6) as denned 
 at the passing of this Act (referred to in this Act as a metropolitan 
 common). 
 
 5. After the passing of this Act the commissioners shall not enter- 
 tain an application for the inclosure of a metropolitan common, or 
 any part thereof ; but nothing in this Act shall interfere with the 
 carrying on and completion of proceedings under any provisional 
 order of the commissioners confirmed by Act of parliament passed 
 before or in the present session ; and notwithstanding any proceed- 
 ings taken under any Act other than this Act, or any provisional 
 order of the commissioners made but not already confirmed by Act 
 of parliament, proceedings may be taken under this Act in relation 
 to any metropolitan common. 
 
 6. A scheme for the establishment of local management with a view 
 to the expenditure of money 011 the drainage, levelling, and improve- 
 ment of a metropolitan common, and to the making of bye-laws and 
 regulations for the prevention of nuisances and the preservation of 
 order thereon, may be made under this Act, on a memorial in that 
 behalf presented to the commissioners by the lord of the manor or by 
 any commoners, or by the local authority, or in case of a common 
 extending into the districts of two or more of the bodies described 
 in the first schedule to this Act, then by any one or more of such 
 bodies (c). 
 
 (a) By the Metropolis Commons Amendment Act, 1869, s. 2, the follow- 
 ing words are added to the interpretation of the word common : " and any 
 land subject to be included under the provisions of the 8 & 9 Viet. c. 118." 
 
 (b) By the Corporation of London (Open Spaces) Act, 1878, the cor- 
 poration of London may acquire by purchase, gift, or otherwise the freehold 
 or interest in common lands not within the Metropolis Local Management 
 Act, but within twenty-five miles of the city, and all rights over such 
 common lands. 
 
 (c) In addition to the persons here mentioned the Metropolitan Commons 
 Amendment Act, 1869, s. 3, provides that a scheme may be made under 
 this Act on a memorial to the commissioners by any twelve or more rate- 
 payers inhabitants of the parish or parishes in which the metropolitan 
 common is situate.
 
 29 & 30 VICT. c. 122, ss. 713. 349 
 
 7. On the presentation of any memorial under this Act the com- Section 7. 
 missioners (if on consideration of the memorial they think fit) may T . : 
 make such examination and inquiry as they think necessary or nc l uir y |" 
 proper in relation to the subject matter of the memorial 
 
 8. On such examination and inquiry the commissioners may, if Preparation 
 they think fit, prepare the draft of a scheme respecting the common ^ draft 
 
 or any part thereof. scheme. 
 
 9. Where the commissioners prepare the draft of a scheme, they Printing and 
 shall cause it to he printed, and printed copies of it lo he delivered to publication 
 the memorialists and to the lord of the manor and to the local of draft 
 authority, and shall also cause it, or a proper abstract of it, to be scheme, 
 published and circulated in such manner as they think sufficient for 
 
 giving information to all parties interested. 
 
 10. During two months after the first publication of the draft of Objections 
 a scheme the commissioners shall receive any objections or sugges- a . n< ^ sugges- 
 tions made to them in writing respecting the scheme. * ions respect- 
 
 11. At any time after the expiration of those two months the com- Inquiry into 
 missioners, if they think fit, may refer the draft of the scheme to an scneme by 
 assistant commissioner. P ublic sit ' 
 
 On any such reference the assistant commissioner shall proceed to tings> 
 make an inquiry concerning the subject matter of the scheme, and 
 for that purpose to hold a sitting or sittings in some convenient place 
 in the neighbourhood of the common, and thereat to take and receive 
 any evidence and information offered, and hear and inquire into any 
 objections or suggestions made or to be made during the sitting or 
 sittings, respecting the scheme or the common, with power from time 
 to time to adjourn any sitting. 
 
 Notice shall be published, in such manner as the commissioners 
 direct, of every such sitting (except an adjourned sitting), fourteen 
 days at least before the holding thereof. 
 
 12. The assistant commissioner to whom the draft of a scheme is Report of 
 referred shall make a report in writing to the commissioners setting assistant 
 forth the result of the inquiry, and whether in his opinion the draft commis- 
 of the scheme should be approved with or without alteration, and if sioner. 
 with any, then with what alteration, and his reasons for the same, 
 
 and the objects and suggestions, if any, made on the inquiry, and his 
 opinion thereon. 
 
 13. As soon as may be after the expiration of the said two months, Final settle- 
 or the receipt by the commisssioners of the report of the assistant ment and 
 commissioner (as the case may be), the commissioners shall proceed approval of 
 to consider any objections or suggestions made to them in writing scheme, 
 respecting the scheme, and the report (if any), and thereupon they 
 
 shall, if they think fit, finally settle and approve of the scehme in 
 such form as they think expedient. 
 
 (d) See bill to restrain the Metropolitan Board of Works from promoting 
 a scheme for the management of a metropolitan common under this 
 Act, inconsistent with a stipulation in a conveyance of the manor by the 
 plaintiff; Telford v. Metropolitan Board of Works, L. R. 13 Eq. 574. ;
 
 350 
 
 Section 14. 
 
 Scheme to 
 state rights 
 affected. 
 
 Provision 
 for compen- 
 sation. 
 
 Appeal 
 against de- 
 termination 
 of commis- 
 
 8 & 9 Viet. 
 c. 118, s. 56. 
 
 Printing and 
 sale of 
 scheme. 
 
 Scheme 
 when ap- 
 proved to be 
 certified. 
 Printing and 
 publication 
 of scheme. 
 
 APPENDIX. THE METROPOLITAN COMMONS ACT, 1866, 
 
 14. Every scheme shall state what rights (if any) claimed by any 
 person or class of persons are affected by the scheme, and in what 
 manner and to what extent they are affected thereby, and whether 
 or not the scheme has been in relation thereto consented to by that 
 person or class of persons, or any of them. 
 
 15. No estate, interest, or right of a profitable or beneficial (a) 
 nature in, over, or affecting a common shall, except with the consent 
 of the person entitled thereto, be taken away or injuriously affected 
 by any scheme, without compensation being made or provided for the 
 same, and such compensation shall, in case of difference, be ascer- 
 tained and provided in the same manner as if the same compensation 
 were for the compulsory purchase and taking or the injurious 
 affecting of lands under the provisions of the Lands Clauses Consoli- 
 dation Act, 1845, and the Lands Clauses Consolidation Acts Amend- 
 ment Act, 1860. 
 
 16. If any person claiming any estate, interest, or right in, over, or 
 affecting the common to which any scheme relates is dissatisfied with 
 any determination made or implied by the commissioners or by the 
 scheme concerning any estate, interest, or right in, over, or affecting 
 the common, every such person may obtain a decision thereon in an 
 action at law in the manner provided by section fifty-six of the 
 General Act to facilitate the inclosure and improvement of commons, 
 passed in the session of the eighth and ninth years of the reign of 
 Her present Majesty, chapter one hundred and eighteen. 
 
 17. Every scheme shall contain a provision for the sale at all 
 times of printed copies thereof to all persons desiring to buy the 
 same, at a price not exceeding a reasonable sum to be fixed by the 
 scheme. 
 
 18. Every scheme, when approved by the commissioners, shall be 
 certified by them, and sealed with their common seal. 
 
 19. Where the commissioners certify a scheme they shall cause 
 printed copies of it to be delivered to the memorialists and to the 
 lord of the manor and to the local authority, and shall also cause 
 it, or a proper abstract of it, to be published and circulated k in such 
 manner as they think sufficient for giving information to all parties 
 interested. 
 
 (a) The right of maintaining and repairing a sign post to a public house, 
 which post had stood for forty years, is a beneficial right within this enact- 
 ment, and a conviction for erecting a new one in lieu of one taken down 
 under a bye-law of the Metropolitan Board of Works forbidding the 
 erection upon the common of posts, &c., cannot be sustained; Roare v. 
 Metropolitan Board of Works, L. K. 9 Q. B. 296; 43 L. J. M. C. 95. 
 In the case of Attorney- General v. Tyssen-AmTierst, ' Times' April 2nd, 
 1879, it was held that the right of defendant (who was lord of the manor 
 of Hackney) to dig gravel in Hackney Common, was not affected by the 
 Metropolitan Commons Acts and Hackney Commons Scheme; and that if 
 such beneficial right was interfered with, defendant would be entitled to 
 compensation. A right to cut underwood growing on a common belong- 
 ing to the lord of the manor, cannot exist by custom, prescription, or 
 grant, unless it be a crown grant which incorporates the inhabitants ; Lord 
 Rivers v. Adams, L. R. 3 Ex. D. 361, and see Chilton v. Corporation of 
 London, L. E. 7 Ch. D. 735.
 
 29 & 30 VICT. c. 122, ss. 2026. 351 
 
 20. The commissioners shall in the month of February in every Section 20. 
 year make a separate report to Her Majesty of all their proceedings ~~ 
 under this Act during the year ending the thirty-first day of December Annual 
 then last past. T-^ih f * 
 
 The report shall be laid before both houses of parliament within sof 
 fourteen days after the making thereof, if parliament is then sitting, p ar ]; amcn t 
 and if not, then within fourteen days after the next meeting of 
 parliament. 
 
 21. The commissioners in such annual report shall set forth in Contents of 
 full every scheme certified by them during the year to which the report, 
 report relates, and shall state the grounds of their approval thereof, 
 
 and the objections, if any, made thereto and overruled, and all pro- 
 ceedings had in respect of those objections, and the grounds on which 
 they were overruled. 
 
 22. A scheme certified by the commissioners shall not of itself Confirmation 
 have any operation, but the same shall have full operation when of scheme 
 and as confirmed by Act of parliament, with such modifications, if b y 4 ct o 
 any, as to parliament seem fit. parliament. 
 
 23. If in the progress through parliament of a bill confirming any Reference of 
 scheme certified by the commissioners a petition is presented to scheme to 
 either house of parliament against the scheme, the bill, as far as it se | ec ' ; cor- 
 relates to the scheme petitioned against, may be referred to a select m 
 committee, and the petitioner shall be allowed to appear and oppose PP secl - 
 
 as in case of a private bill. 
 
 24. All expenses incurred by the commissioners in relation to any Expenses of 
 memorial, or to any scheme consequent thereon, shall be defrayed by scn eme 
 the memorialists, or by any ratepayers or inhabitants of the parish or *? e " r 
 district in or near to which the common is situate, or of the metro- a ^ e . ^. , 
 polis, willing and offering to defray those expenses, or by the local T em 
 authority if willing and 'offering to defray the same ; and the commis- 
 sioners may, if they think fit, on or at any time after the presentation 
 
 pf the memorial, require the memorialists or those ratepayers or 
 inhabitants, or any of them, or the local authority having offered as 
 aforesaid (as the case may be), to pay to the commissioners such sum 
 as the commissioners think requisite for or on account of those 
 expenses, or to give security to the satisfaction of the commissioners 
 for the payment of those expenses on demand. 
 
 25. The local authority may in relation to any metropolitan Power for 
 common for which they are the local authority, and the metropolitan local au- 
 board of works may in relation to any metropolitan common (although thority to 
 not one for which they are the local authority), contribute such contribute 
 amount as they think fit (in a gross sum or by annual payments or f or pur- 
 otherwise) towards the expenses of executing any scheme under this P oses of 
 Act when confirmed by Act of parliament, including the payment of scncme - 
 the compensation (if any) to be paid in pursuance thereof. 
 
 26. All expenditure incurred by a local authority under this Act Expenses of 
 shall be defrayed by them out of the local rate, and all expenditure local au- 
 incurred by the metropolitan board of works under this Act, in cases thority to 
 where they are not the local authority, shall be defrayed by them out b f. P au * out 
 of the rate which in the first schedule to this Act is described as the of local 
 local rate in connexion with the metropolitan board of works ; and rate>
 
 352 
 
 APPENDIX. THE METROPOLITAN COMMONS ACT, 1866, 
 
 Section 26. the amount requisite in that behalf respectively shall be raised by 
 means of such respective rate accordingly. 
 
 Amendment 27. The commissioners may from time to time approve and certify 
 
 a scheme for amending any scheme confirmed by Act of parliament, 
 and all the provisions of this Act relative to an original scheme shall 
 apply also to an amending scheme, mutatis mutandis. 
 
 Provision for 28. Where any lord of a manor, commoner, or other person having 
 cases of any estate, interest, or right in, over, or affecting a common is under 
 
 disability. the disability of infancy, lunacy, or coverture, or other legal dis- 
 
 ability, or is beyond the seas, his or her guardian, trustee, committee 
 of the estate, husband, or attorney (as the case requires), or in default 
 thereof a person nominated in that behalf by the commissioners 
 under their common seal (which nomination they are hereby 
 empowered to make as occasion requires), shall for the purposes of 
 this Act be deemed to be substituted in the place of such lord, 
 commoner, or other person. 
 
 Consent 29. Where any estate, interest, or right in, over, or affecting a 
 
 with respect common belongs to or is enjoyed by Her Majesty, her heirs or sue- 
 to crown cessors, in right of the crown, or forms part of the possessions of the 
 or duchy Duchy of Lancaster or of the duchy of Cornwall, and consent for the 
 rights. purposes of any scheme under this Act may be given in respect of 
 that estate, interest, or right as follows ; namely, 
 
 In the first-mentioned case, if the estate, interest, or right is under 
 the management of the commissioners of Her Majesty's woods, 
 forests, and land revenues, then by those commissioners or one 
 of them, with the approval of the commissioners of Her 
 Majesty's treasury ; and if it is under the management of the 
 commissioners of Her Majesty's works and public buildings, 
 then by the last-mentioned commissioners, with the like 
 approval : 
 
 In the secondly-mentioned case by the chancellor of the duchy of 
 Lancaster, by writing under his hand attested by the clerk of 
 the council of the duchy : 
 
 In the thirdly-mentioned case by the Duke of Cornwall, or other 
 the persons for the time being empowered to dispose for any 
 purpose of lands of the duchy of Cornwall. 
 
 Power for 30. Any lord of a manor, commoner, or other person having any 
 
 lord of manor, estate, interest, or right in, over, or affecting a common may, by a 
 &c., to appoint power of attorney in writing under his hand (which shall be exempt 
 agent. f rom stamp duty), appoint an agent to Act for him for the purposes 
 
 of any memorial or scheme under this Act. 
 
 All things by this Act directed or authorized to be done by or 
 with relation to any lord of a manor, commoner, or other person as 
 aforesaid may be lawfully done by or with relation to his agent so 
 appointed. 
 
 Every such agent may, in the name and on behalf of his principal, 
 sign, concur in, and execute any memorial or Act, or signify con- 
 sent or dissent on any matter arising out of the execution of this 
 Act. 
 Ever 
 
 ing to the authority committed to him as fully as if the principal had 
 himself acted. 
 Every such power of attorney, or a copy thereof examined and
 
 29 & 30 VICT. c. 122, ss. 8032. 353 
 
 authenticated as a true copy by the signature of a witness or witnesses, Section 30. 
 shall be deposited with the commissioners. 
 
 Any such power of attorney may be in the form given in the 
 second schedule to this Act or to the like effect. 
 
 31. Where any estate, interest, or right in, over, or affecting a Provision for 
 common is by deed conveyed for the purposes of a scheme under this conveyance 
 Act, with the approval of the commissioners, the provisions of the to commis- 
 Act of the ninth year of the reign of King George the Second sioners. 
 {chapter thirty-six), " to restrain the disposition of lands whereby the 9 Geo. 2, 
 same become unalienable," shall not apply to the conveyance. <? 36. 
 
 32. Notwithstanding anything in any other Act, it shall be lawful Power for 
 for Her Majesty, her heirs or successors, from time to time, for the crown to vest 
 purposes of a scheme under this Act, to grant to any persons or body, manorial, &c., 
 for such estate or interest, and on such terms and subject to such con- rights in 
 ditions as to her Majesty, her heirs or successors, seem meet, all or cpmmis- 
 any part or parts of the open and uninclosed lands being wastes of S1 
 
 the royal manor, of East Greenwich in the county of Kent, and also 
 to so grant all or any of the rights of common which Her Majesty, 
 her heirs or successors, has or have for the time being in, over, or 
 -affecting any metropolitan common, and which might by law be so 
 granted by a private person entitled absolutely thereto, and in every 
 such case such persons or body, their heirs, successors, executors, or 
 administrators, shall have full capacity to take and hold the same 
 lands or rights. 
 
 Whenever it is the pleasure of Her Majesty, her heirs or successors, 
 to make a grant as aforesaid, the Commissioners of Her Majesty's 
 Treasury may issue a warrant to such persons or body. 
 
 Every such warrant shall be exempt from stamp duty, and shall 
 be inrolled as conveyances of lands forming part of the land revenues 
 of the Crown in England are required to be inrolled, and the 
 inrolment thereof shall be certified at the foot or on the back 
 thereof by the proper officer by whom the same is inrolled under 
 his hand and the same when inrolled shall be returned with the 
 certificate of inrolment to the grantees named in the warrant 
 
 From and immediately after the inrolment of the warrant the 
 grantees by force of this Act shall be deemed to be in the actual 
 seisin or possession of the lands or rights in the warrant specified, 
 and shall hold and enjoy the same, according to the warrant, for the 
 purposes therein specified. 
 
 2 A
 
 354 
 Schedule. 
 
 APPENDIX. METROPOLITAN COMMONS ACT, 1866. 
 
 SCHEDULES. 
 
 THE FIKST SCHEDULE. 
 
 Description of Local Authority and Local Rate. 
 
 Metropolitan Common. 
 
 Local Authority. 
 
 Local Rate. 
 
 A metropolitan common 
 
 The Metropolitan 
 
 The rate leviable for de- 
 
 the whole or any part 
 
 Board of Works. 
 
 fraying the expenses 
 
 whereof is situate within 
 
 
 of the board in the- 
 
 the metropolis as de- 
 
 
 execution of The 
 
 fined by The Metropolis 
 Management Act, 1855. 
 
 
 Metropolis Manage- 
 ment Act, 1855, and 
 
 
 
 the Acts amending 
 
 
 
 the same. 
 
 A metropolitan common, 
 
 The local board 
 
 The general district rate. 
 
 the whole or any part 
 
 
 
 whereof is situate within 
 
 
 
 the district of a local 
 
 
 
 hoard constituted under 
 
 
 
 The Public Health Act, 
 
 
 
 1848, and The Local 
 
 
 
 Government Act, 1858, 
 
 
 
 or one of them, and no 
 
 
 
 part whereof is situate 
 
 
 
 within the metropolis as 
 defined as aforesaid. 
 
 
 
 Any other metropolitan 
 common. 
 
 The vestry of the 
 parish in which 
 
 The poor rate. 
 
 
 the common or 
 
 
 
 any part thereof 
 
 
 
 is situate. 
 
 
 THE SECOND SCHEDULE. 
 
 Form of Power of Attorney. 
 THE METBOPOLITAN COMMONS ACT, ]866. 
 
 I, A. B. of in pursuance of the above-mentioned Act, appoint 
 
 of to be my agent for all the purposes of that Act \_orfor a specified 
 
 purpose under the Ac\. 
 
 Dated this day of , 18 . 
 
 (Signed) A. S. 
 Witness, 
 C. D.
 
 AN ACT 
 
 TO EXTEND TO METROPOLITAN COMMONS CERTAIN 
 PROVISIONS OF THE COMMONS ACT, 1876. 
 
 41 & 42 VICT. CAP. 71. 
 
 16TH AUGUST, 1878. 
 
 WHEREAS it is expedient to extend to the commons situate within Section 1. 
 
 the area prescribed by the Metropolitan Commons Act, 1866, certain . on~V' t 
 
 provisions contained in the Commons Act, 1876 : 122 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with gg ^ ^Q yj^ 
 
 the advice and consent of the lords spiritual and temporal, and c 56 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 1. This Act shall be cited as the Metropolitan Commons Act, 1878, Short title, 
 and shall be read as forming one Act with the Metropolitan Commons 29 & 30 Viet. 
 Acts, 1866 and 1869. c. 122. 
 
 32 & 33 Viet. 
 
 2. The metropolitan board of works shall, in respect of any ' 
 common situate within the metropolis as denned by the Metropolis " ower *> 
 Management Act, 1855 (a), have the same power to purchase metropolitan 
 and hold, with a view to prevent the extinction of the rights of boar ? to and 
 common, any saleable rights in common, or any tenement of a com- v| C ^ ir mm0 n 
 moner having annexed thereto rights of common, as is conferred r j jjjg 
 
 by the fifth paragraph in the eighth section of the Commons Act, ijj & {9 Viet 
 1876, upon an urban sanitary authority in respect of a suburban c> ^20 
 common (6). 39 & 4o Viet. 
 
 c. 56. 
 
 3. Sections thirty (c) and thirty-one (d) of the Commons Act, 1876, Extension of 
 
 (a) See interpretation of the term " metropolis " in the 250th section of 
 the 18 & 19 Viet. c. 120, and note (b) to Preamble of that Act. 
 
 (b) The 8th section of the 39 & 40 Viet. c. 56, applies to commons 
 referred to in that Act as suburban commons ; and the fifth paragraph is 
 to the following effect : " They may also, in the case of any such suburban 
 common, purchase and hold as aforesaid, with a view to prevent the 
 extinction of the rights of commoners, any saleable rights in common, 
 or any tenement of a commoner having annexed thereto rights of 
 common." 
 
 (c) Empowering the county court to hear any case relating to any illegal 
 enclosure or encroachment of or upon such common made after the passing 
 
 2 A 2
 
 356 
 
 APPENDIX. METROPOLITAN COMMONS ACT, 1878. 
 
 Section 3. 
 
 certain pro- 
 visions of 
 39 & 40 Viet, 
 c. 57 to 
 metropolitan 
 commons. 
 29 & 30 Viet. 
 c. 122. 
 
 32 & 33 Viet. 
 0,107. 
 
 shall after the passing of this Act, apply to metropolitan commons 
 within the meaning of the Metropolitan 'Commons Acts of 1866 and 
 
 of that Act, or to any nuisance impeding the exercise of any right of 
 common arising after the passing of that Act ; and to grant an injunction or 
 make an order for removal or abatement of such enclosure, encroachment, or 
 nuisance. The enactment gives power to any person aggrieved by any 
 injunction, &c., to appeal to the High Court of Justice in manner therein 
 directed, on giving security for costs. 
 
 (d) Providing that any person intending to enclose or approve a common 
 or part of a common, otherwise than under the provisions of that Act, shall 
 give notice as therein directed, to all persons claiming any legal right in 
 such common or part of a common.
 
 AN ACT 
 
 FOR THE PROTECTION OF CERTAIN GARDEN OR ORNA- 
 MENTAL GROUNDS IN CITIES AND BOROUGHS. 
 
 26 VICT. CAP. 13. 
 
 4TH MAY, 1863. 
 
 WHEREAS it is expedient to make provision for the better protection 
 and charge of enclosed garden or ornamental grounds which have 
 been set apart (a) for the use of the inhabitants of any public square, 
 crescent, circus, street, or other public place surrounding or adjoining 
 .such gardens or grounds in any city or borough : Be it enacted by 
 the Queen's most Excellent Majesty, by and with the advice and 
 consent of the lords spiritual and temporal, and commons, in this 
 present parliament assembled, and by the authority of the same, as 
 follows : 
 
 1. Where in any city or borough any enclosed garden or orna- 
 mental ground has been set apart (a) otherwise than by the revocable 
 permission of the owner thereof in any public square, crescent, circus, 
 street, or other public place, for the use or enjoyment of the inhabi- 
 tants thereof, and where the trustees, commissioners, or other body 
 appointed for the care of the same have neglected to keep it in proper 
 order, or where such garden or ground has not been vested in or 
 placed under the management of any trustees, commissioners, or other 
 body for the care of the same, and from the want of such care, or 
 from any other cause, has been neglected, the metropolitan board of 
 works, where the same is in any place under their jurisdiction, except 
 the city of London (where the provisions of this Act shall be carried 
 into effect by the corporation of the said city), and the corporate 
 
 (a) The object of the Act was to provide for squares and gardens already 
 set apart for the use of the inhabitants, and not to interfere with the rights 
 of owners of land not so set apart ; Tulk v. Metropolitan Board of Works, 
 8 B & S. 777. The Leicester Square Act, 1874 vests in the Metropolitan 
 Board of Works the garden or enclosure, Leicester Square, with provisions, 
 giving powers for its management for making bye-laws, &c. ; and 40 & 41 
 Viet. c. 35, Open Spaces (Metropolis) Act, post, enables the metropolitan 
 board to acquire the control and management of open spaces in and near the 
 metropolis. 
 
 (J) The Metropolis Management Act, 1855, contained special provisions 
 with respect to any enclosed gardens or ornamental grounds vested in or 
 under the management of any commissioners or other bodies for the use of 
 the inhabitants of any square, crescent, circus, street, or place, surround- 
 ing or adjoining such garden or ground ; and see 40 & 41 Viet. c. 35 (Open 
 Spaces). 
 
 Section 1. 
 
 Gardens 
 in certain 
 squares, &c., 
 may be freed 
 from neglect, 
 encroach- 
 ments, &c., 
 and vested 
 in the metro- 
 politan board 
 of works 
 or other 
 corporate 
 authority (V);
 
 358 
 Section 1. 
 
 or vested in 
 it committee 
 of rated inha- 
 bitants. 
 
 APPENDIX. GABDENS IN TOWNS PROTECTION ACT, 1868. 
 
 authorities in any other city or borough, shall take charge of the same, 
 putting up a notice or notices to that effect in such garden or orna- 
 mental ground, and if after due inquiry the person entitled to any 
 estate of freehold in the same cannot be found, or if it shall be vested 
 in any person by "whom it is held, subject to any condition or reser- 
 vation for keeping the same as and for a garden or pleasure ground, 
 or that the same shall not be built upon, but not otherwise, shall 
 cause any building or other encroachment made therein within the 
 period of twenty years before the passing of this Act to be removed, 
 and (if requested by a majority of two-thirds of the owners and of the 
 occupiers of the houses surrounding the same) shall vest such garden 
 or ornamental ground in a committee consisting of not more than 
 nine nor fewer than three of the rated inhabitants of such houses to 
 be chosen annually by such inhabitants, in order that the same may 
 be kept as a garden or ornamental ground for the use of such inhabi- 
 tants ; and the vestry or board of any and every parish or district 
 within which the same or any part thereof is situate shall from time 
 to time cause to be raised the sums required by such committee for 
 defraying the expenses of the maintenance and management (a) of 
 such enclosed garden or ornamental ground, or of such part thereof 
 as is situate within their parish or district, by an addition to the 
 general rate to be assessed on the occupiers of such houses ; or if the 
 said owners and occupiers shall not agree as aforesaid to undertake 
 the charge of such garden or ornamental ground, the metropolitan 
 board of works or corporate authority aforesaid shall, within six 
 months after the notice hereinbefore mentioned shall have been put 
 up within the same, or within such further time as the said board or 
 authority may think it expedient to allow for such agreement to be 
 come to, vest the same in such vestries or boards, who shall thence- 
 forth take charge of and maintain the same as an open place or street 
 in such manner as shall appear to them most advantageous to the 
 public, subject to the approval of the metropolitan board of works or 
 corporate authority, as the case may require ; saving and always 
 reserving to every person and persons, his and their heirs, executors, 
 administrators, and assigns, all such estate, right, title, and interest 
 as he, she, or they would or ought to have had and enjoyed of, in, to, 
 from, or out of the gardens and grounds aforesaid in case this Act 
 had not 
 
 Protection of 
 open spaces 
 from encroach- 
 ment. 
 
 2. And whereas it is expedient that the same should be carefully 
 protected from undue encroachment, where any right to require that 
 any garden or ornamental ground as aforesaid be kept and maintained 
 as such, or that the same shall not be built upon, shall belong to any 
 person in right of any house or other property, and he shall by 
 notice in writing signed by him addressed to the metropolitan board 
 of works where the same is in any place under their jurisdiction, 
 except the city of London, where the same shall be addressed to the 
 corporation of the said city, or to the corporate authorities in any 
 other city or borough, requesting the said metropolitan board of 
 works or corporate authority to protect the right before mentioned, 
 the said metropolitan board of works or corporate authority, after due 
 inquiry, may, if they shall think fit, accede to such request, and then 
 
 () See what is within the powers of a municipal corporation as a local 
 board of health, as regards additions to public gardens as conducive to the 
 better enjoyment of the walks and grounds; Attorney -General v. Corpora- 
 tion of Sunderland, L. It. 2 Ch. D. 634.
 
 26VicT.c. 18,ss.2-6. 359 
 
 and thereupon the right of such person to require that such garden or Section 2. 
 ornamental ground to be maintained as such, or that the same shall 
 
 not be built upon, shall thenceforth be vested in such metropolitan 
 board of works or corporate authority, who shall be fully empowered, 
 for and in their own name, to exercise all the rights, powers, and 
 privileges in relation thereto, and take such legal proceedings for 
 asserting, defending, and protecting the same, as the said person might 
 have exercised or taken. 
 
 3. Any charge incurred by the metropolitan board of works in the Expenses 
 execution of this Act shall be deemed to be expenses of the said board how to be 
 for payment whereof provision is made by the Act for the better local defrayed, 
 management of the metropolis ; and the expenses incurred by any 
 corporate authority shall be deemed to be expenses necessarily in- 
 curred by them in carrying into execution within and for their city 
 
 or borough the Act intituled " An Act to Provide for the Regulation 5 & 6 Will. 4, 
 of Municipal Corporations in England and Wales," and any other Act c. 76. 
 amending the same. 
 
 4. Where any such garden or ground is managed by any committee Bye-laws for 
 of the inhabitants of any square, crescent, circus, street, or place, such management 
 committee may make, and from time to time revoke and alter bye- of garden, &c. 
 laws for the management of the same, and for the preservation of the 
 
 trees, shrubs, plants, flowers, rails, fences, seats, summer-houses, and 
 other things therein, which bye-laws shall be entered in a book kept 
 for that purpose by the committee, signed by the chairman of the 
 meeting at which the same shall be passed, and which book shall and 
 may be produced and read, and taken as evidence of such bye-laws, in 
 all courts whatever, and any inhabitant or servant, or other person 
 admitted to such garden by any inhabitant, offending against the 
 same, after they shall have been duly allowed, as hereinafter pro- 
 vided, upon proof thereof before a magistrate acting for the district in 
 which such garden is situate, shall be liable for each offence to a 
 penalty not exceeding five pounds : Provided always, that such bye- 
 laws shall not come into operation until the same shall have been 
 allowed by some judge of one of the superior courts, or by the jus- 
 tices in quarter session ; and it shall be incumbent on such judge or 
 justices, on the request of such committee, to inquire into any bye- 
 laws tendered to them for that purpose, and to allow or disallow the 
 same as they think meet. 
 
 5. Any police constable who shall see any person throwing any Penalty for 
 rubbish into any such garden, or trespassing therein, or getting over injuring 
 the railings or fence, or stealing or damaging the flowers or plants, or garden, 
 committing any nuisance therein, may apprehend such person, under 
 
 the authority hereby given to him ; and any person convicted before 
 any magistrate acting for the district shall be liable for each and 
 every offence aforesaid to a penalty not exceeding forty shillings, or 
 to imprisonment for any period not exceeding fourteen days ; and in 
 case it shall be necessary to state in any proceedings the ownership 
 of the property of such garden, flowers, or plants, it shall be sufficient 
 to describe the same as the property of the committee by the name of 
 A. B. and others. 
 
 6. The provisions contained in the two hundred and twenty-fifth, Certain pro- 
 two hundred and twenty-sixth, two hundred and twenty-seventh, and visions of 
 two hundred and twenty-eighth sections of the Act passed in the 18 & 19 Viet, 
 session of parliament held in the eighteenth and nineteenth years of c. 120, to be
 
 360 
 
 APPENDIX. GAEDENS IN TOWNS PROTECTION ACT, 1863. 
 
 Section 6. the reign of Her most Gracious Majesty the Queen, chapter one hun- 
 deed and twenty, shall be incorporated in this Act, and shall apply 
 to any penalty or forfeiture imposed by this Act, or any bye-law made 
 in pursuance thereof, in and for every matter or thing done or omitted 
 to be done within the metropolitan district ; and the Act passed in 
 the twelfth year of the reign of Her Majesty the Queen, chapter 
 forty-three, shall apply to every penalty or forfeiture imposed by 
 this Act, or any bye-law made in pursuance thereof, for any matter 
 or thing done or omitted to be done within any other part of England 
 and Wales (a). 
 
 7. Nothing in this Act shall extend to or include any garden, 
 ornamental ground, or other land belonging to Her Majesty in right 
 of her crown or of her Duchy of Lancaster, or any garden, orna- 
 mental grounds, or other land for the time being under the manage- 
 ment of the commissioners for the time being of Her Majesty's works 
 and public buildings, or of the commissioners for the time being 
 acting under the Crown Estate Paving Act, 1851, or to any garden, 
 ornamental or other ground for which special provision is made for 
 the due care and protection thereof by any public or private Act of 
 parliament. 
 
 8. Nothing in this Act shall extend to Scotland or Ireland. 
 
 incorporated 
 with this Act, 
 and to apply 
 to penalties, 
 &c., imposed 
 by this Act. 
 11 & 12 Viet, 
 c. 43, also to 
 apply. 
 
 Act not to 
 extend to 
 property of 
 the crown or 
 to property 
 under the 
 management 
 of the com- 
 missioners of 
 works, &c. 
 
 Extent of 
 Act. 
 
 (a) As to application of penalties, see 105th section of Metropolis 
 Management Amendment Act, 1862, and note.
 
 AN ACT 
 
 FOR AFFORDING FACILITIES FOR THE ENJOYMENT 
 BY THE PUBLIC OF OPEN SPACES IN THE METRO- 
 POLIS (a). 
 
 40 & 41 VICT. CAP. 35. 
 
 2ND AUGUST, 1877. 
 
 WHEREAS it is expedient to afford facilities for making available the Section 1. 
 open spaces in and near the metropolis for the use of the inhabitants 
 for exercise and recreation, and to enable the metropolitan board of 
 works to acquire the control and management of such open spaces 
 for such purposes. 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 Metropolitan 
 board of 
 works may 
 acquire and 
 hold open 
 spaces for 
 benefit of 
 public (b). 
 
 1. The metropolitan board of works may, by purchase or volun- 
 tary sale, or by the gift of the person or persons legally entitled to 
 dispose of the same, acquire or accept the ownership of any open 
 spaces, whether inclosed within rails or pailings, or uninclosed, situated 
 in the metropolis, and hold the same in trust for the 1 perpetual use, 
 thereof by the public for exercise and recreation, and may from time 
 to time make bye-laws for the regulation of such open spaces and 
 may by such bye-laws provide for the removal of any person infring- 
 ing any such bye-law by any officer of the said board or police con- 
 stable. Bye-laws under this section shall be made in the same manner 
 and subject to the same conditions as bye-laws made by the said board 
 Tinder the Metropolis Management Act, 1855. 
 
 2. Where any open spaces now are or hereafter may be used as 
 
 places of exercise and recreation for the inhabitants of certain houses, entrv to 
 and the property and right of user is now or hereafter may be vested P laces 9 
 
 18 & 19 Viet, 
 c. 120. 
 
 in one or more persons as owners or occupiers of such houses, such 
 owners and occupiers (if any) may convey to the metropolitan board e <j 
 
 (a) See note to section 1 of Metropolitan Commons Act, ante, as to 
 number and acreage of the parks, commons, and open spaces, under the 
 control of the board. 
 
 (4) See as to what is within the powers of a municipal corporation as a 
 local board of health, as regards additions to public gardens as conducive to 
 the better enjoyment of walks and grounds; Attorney -Generalv. Corporation 
 of Sunderland, L. K. 2 Ch. D. 634.
 
 362 
 Section 2. 
 
 metropolitan 
 board of 
 works. 
 
 Provisions for 
 keeping up 
 open spaces. 
 
 Expenses 
 18 & 19 Viet. 
 c. 120. 
 
 Extent of 
 Act. 
 
 14 & 15 Viet. 
 c. 95. 
 
 29 & 30 Viet, 
 c. 122. 
 32 & 33 Viet. 
 c. 107. 
 Meaning of 
 term " metro- 
 polis." 
 
 In the city of 
 London the 
 powers of the 
 Act to be exe- 
 cuted by the 
 corporation. 
 Short title. 
 
 APPENDIX. METROPOLITAN OPEN SPACES ACT, 1877. 
 
 of works, in trust for the public, the right to enter upon and use and 
 enjoy such open spaces, subject to such terms and conditions as may 
 be agreed upon. 
 
 3. The metropolitan board of works shall be entitled to make such 
 provision as may be necessary for maintaining and protecting the open 
 spaces so acquired by them, (a) 
 
 4. The metropolitan board of works shall be empowered to pay 
 out of the funds at their disposal or which they are empowered to 
 raise under the said Metropolis Management Act, 1855, and the 
 several Acts amending the same, the costs and charges which they 
 may incur in the execution of this Act, and such costs and charges 
 shall be deemed to be expenses for which provision is made by such 
 Act. 
 
 5. This Act shall not extend to the royal parks, nor to any 
 land belonging to Her Majesty in right of her crown or of her Duchy 
 of Lancaster, or any garden, ornamental ground, or ornamental land 
 for the time being under the management of the commissioners for 
 the time being of Her Majesty's works and public buildings or of the 
 commissioners for the time being acting under the Crown Estate 
 Paving Act, 1851, or to any metropolitan common within the mean- 
 ing of "The Metropolitan Commons Act, 1866," and " The Metro- 
 politan Commons Amendment Act, 1869," nor to any land belonging 
 to either of the honourable societies of the Inner Temple and Middle 
 Temple. 
 
 6. The term " metropolis " in this Act means all parishes and places 
 mentioned in Schedules A., B., and C., to the said Metropolis Manage- 
 ment Act, 1855. 
 
 7. The powers in this Act conferred on the metropolitan board of 
 Avorks shall in the city of London be exercised by the mayor, alder- 
 men, and commons of the said city, who shall defray all the expenses 
 caused by or connected with the execution of such powers. 
 
 8. This Act may be cited as the Metropolitan Open Spaces Act, 
 1877. 
 
 (a) The metropolitan board have made bye-laws for parks, gardens, and 
 open spaces, under powers conferred by the Metropolitan Board of Works 
 Act, 1877, Metropolitan Commons Supplemental Act, 1877, and Plumstead 
 Common Act, 1878.
 
 AN ACT 
 
 TO REGULATE AND OTHERWISE DEAL WITH 
 SLAUGHTER HOUSES AND CERTAIN OTHER 
 BUSINESSES IN THE METROPOLIS. (6) 
 
 37 & 38 VICT. CAP. 67. 
 
 7TH AUGUST, 1874. 
 
 WHEREAS it is expedient to amend the law in the metropolis 
 relating to slaughter-houses and certain other businesses hereinafter 
 specified : 
 
 Be it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and com- 
 mons, in this present parliament assembled, an4 by the authority of 
 the same, as follows : 
 
 Preliminary. 
 
 1. This Act may be cited for all purposes as the Slaughter-houses, short title of 
 &c. (Metropolis) Act, 1874. Act. 
 
 Regulations as to Businesses. 
 
 2. If any person establishes anew (c) within the limits of this Act Absolute 
 the following businesses or any of them ; that is to say, the business prohibition 
 of against esta- 
 
 Blood boiler, or Bone boiler, or Wishing anew 
 
 Manure manufacturer (d), or Soap boiler, or certain 
 
 Tallow melter, or Knacker, 
 
 (b) The 131st section of the Metropolis Management Act, 1855, relative to 
 the licensing of slaughter-houses in the metropolis, and the 35th section of 
 the Metropolitan Market Act, 1857, were repealed by the 92nd section of 
 the Metropolis Amendment Act, 1862, and see substituted provisions in the 
 93rd and following sections of that Act. Kefer to the amended provisions 
 in section 10 of this Act, as to the granting of licenses in special sessions, 
 notice to the Metropolitan Board of Works, as well as to the parties named 
 in the 93rd section of the Metropolis Management Act, 1862, and notice 
 to applicant of intended objections to renewal of license. 
 
 (c) See section 13, post, as to when a business shall be deemed to be 
 established anew. 
 
 (d) See Cardell v. New Quay Local Board, 39 J. P. 742, where it was 
 held that the manufacture of manure was not in itself a noxious and offen- 
 sive business, and no penalty was inflicted. See section 17, infra, providing 
 that nothing in the Act shall affect the general law of nuisance, &c.
 
 364 
 Section 2. 
 
 Certain 
 businesses 
 may be 
 established 
 anew with 
 sanction 
 of local 
 authority. 
 
 Power 
 of local 
 
 APPENDIX. SLAUGHTER-HOUSES, &c. (METROPOLIS) ACT, 1874. 
 
 he shall incur a penalty not exceeding fifty pounds in respect of the 
 establishment thereof, and any person carrying on the same when 
 established shall incur a penalty (a) not exceeding fifty pounds for 
 every day during which he so carries on the same. 
 
 3. If any person establishes anew within the limits of this Act, 
 without the sanction of the local authority (6), the following busi- 
 nesses or any of them; that is to say, the business of 
 
 Fellmonger, or 
 
 Tripe boiler, or 
 
 Slaughterer of cattle (c), or 
 
 Any other business which the local authority may declare by 
 order confirmed by the local government board and published 
 in the London Gazette to be an offensive business (d), 
 he shall incur a penalty not exceeding fifty pounds in respect of the 
 establishment thereof, and any person carrying on the same when 
 established shall incur a penalty not exceeding fifty pounds for every 
 day during which he so carries on the same. 
 
 The sanction of the local authority shall be given by order certified 
 \inder their seal, or under the hand of their clerk, but previously to 
 making any such order, the local authority shall give notice thereof 
 to the vestry of the parish within which the premises are situate at 
 least fourteen days before such application is considered, and also 
 give notice by advertisement of the time and place at which they 
 Avill be willing to hear all persons objecting to such order, and shall 
 take into their consideration any objections made at such time and 
 place, and shall grant or withhold such sanction as they may think 
 expedient. 
 
 4. The local authority may from time to time make, alter, and 
 repeal bye-laws for regulating the conduct of any business' 
 
 (a) As to recovery of penalties, see section 5. 
 
 (i) See section 12, infra, as to definition of " local authority " in 
 parishes included in schedules A., B., and C. to Metropolis Management Act, 
 1855, and in the City of London respectively. 
 
 (c) See definition of " slaughterer of cattle," section 12, infra ; and see 
 exemption as regards the Metropolitan Cattle Market, and Cattle Market 
 of Deptford, section 16. The Public Health Act, 1848, section 64, provided 
 that the business of a slaughterer of cattle, &c., should not be newly esta- 
 blished in any building without the consent of the Local Board of Health, 
 and after the Act had been applied to a district, a cattle market company 
 erecting a building, in which they permitted parties to slaughter cattle in 
 consideration of a payment, the company finding the tackle to the building, 
 were held liable to a penalty under section 64 ; Liverpool New Cattle Market 
 Company v. Hodson, L. R., 2 Q. B. 131. 
 
 (d) In Wamtead Local Board of Health v. Hill, 13 C. B. (N.S.) 479, 
 it was held that brickinaking was not of itself a noxious or offensive business 
 within the meaning of section 164 of Public Health Act, 1848. See the 
 provisions in section 27 of the Nuisances Removal Act for England, 
 1855, with respect to a nuisance arising from any candle house, melting 
 house, melting place or soap house, or any slaughter house, or any build- 
 ing or place for boiling offal or blood, or for boiling, burning, or crushing 
 bones, or any manufactory, building, or place used for any trade, business, 
 process, or manufacture causing effluvia, and proceedings thereon by 
 vestries and district boards, with the power given to those bodies by the 
 Public Health Act, 1875, section 114, with respect to similar nuisances on 
 premises out of their district.
 
 37 & 38 VICT. c. 67, ss. 4, 5. 365 
 
 in this Act, which are for the time being lawfully carried on within Section 4. 
 their jurisdiction, and the structure of the premises on which such 
 business is being carried on, and the mode in which application is to authority to 
 be made to the local authority for their sanction to establish anew any make - ye ~ 
 business under this Act : 
 
 Pecuniary penalties (to be recovered before a court of summary 
 jurisdiction) (e) may be imposed by any such bye-laws on persons 
 breaking any bye-law regulating the conduct of any of the said busi- 
 nesses, provided that no penalty exceeds for any one offence the sum 
 of five pounds, or in the case of a continuing offence, the sum of one 
 pound for every day during which such oifence is continued after 
 conviction for the first offence. 
 
 Also power may be given by any such bye-law as last aforesaid 
 to a court of summary jurisdiction by summary order (/) to suspend 
 or deprive any person altogether of the right of carrying on any 
 business to which such bye-law relates as a penalty for breaking the 
 same. 
 
 Any bye-law made in pursuance of this section, and any alteration 
 made therein, and any repeal of a bye-law, shall not be of any validity 
 until it has been confirmed by the local government board. 
 
 A bye-law made under this Act shall not nor shall any alteration 
 therein or repeal thereof be confirmed by the local government board 
 until the expiration of one month after notice of the intention to 
 apply for confirmation of the same has been given by the local 
 authority in one or more newspapers circulating in the metropolis ; 
 and any vestry or district boaid or person aggrieved by any such pro- 
 posed bye-law or alteration in or repeal of a bye-law may forward 
 notice of his objection to the local government board, who shall take 
 the same into consideration. 
 
 If for 'a period of four months after the passing of this Act the . 
 local authority fail in exercising the powers of making bye-laws given 
 by this Act, the local government board may, by order, to be published 
 in such manner as that board may direct, make such bye-laws of their 
 own motion, and may by a like order alter and repeal such bye-laws 
 and make other bye-laws in lieu thereof ; and all bye-laws so made 
 shall have the same effect and may be enforced in like manner as 
 bye-laws made by the local authority and duly confirmed by the local 
 government board. 
 
 Legal Proceedings and Miscellaneous. 
 
 5. All offences and penalties under this Act, or any bye-law made Legal pro- 
 in pursuance of this Act, may be prosecuted and recovered before a ceedings. 
 court of Bummary jurisdiction in manner provided by the Summary 
 Jurisdiction Act. 
 
 The term " the Summary Jurisdiction Act," means the Act of the 
 session of the eleventh and twelfth years of the reign of Her pre- 
 sent Majesty, chapter forty-three, intituled " an Act to facilitate 
 the performance of the duties of justices of the peace out of ses- 
 sions within England and Wales with respect to summary con- 
 victions and orders," inclusive of any Acts amending the same : 
 
 (e) See next section as to meaning of term " court of summary juris- 
 diction." 
 
 (/) See section 5 as to penalties in case of disobedience to summary order, 
 and as to appeal, section 6.
 
 366 
 
 Section 5. 
 
 Appeal to 
 quarter 
 
 Bye-la\vs to 
 be printed. 
 
 Evidence of 
 bye-laws. 
 
 by 
 th 
 
 APPENDIX. SLAUGHTER-HOUSES, &c. (METROPOLIS) ACT, 1874. 
 
 The term " court of summary jurisdiction " means and includes any 
 justice or justices of the peace, Lord Mayor or alderman of the 
 city of London, or metropolitan police magistrate. 
 
 The court of summary jurisdiction, when hearing and determining 
 an information or complaint under this Act, shall be constituted in 
 some one of the following manners ; that is to say, either of two or 
 more justices of the peace in petty sessions sitting at a place appointed 
 for holding petty sessions, or of one of the magistrates hereinafter 
 mentioned sitting alone or with others at some court or other place 
 appointed for the administration of justice, that is to say, the Lord 
 Mayor, or any alderman of the city of London, or a metropolitan 
 police magistrate. 
 
 Any person disobeying any summary order (a) of a court of sum- 
 mary jurisdiction made in pursuance of this Act shall incur a penalty 
 not exceeding fifty pounds for every day during which disobedience 
 continues. 
 
 6. If any party feels aggrieved by any order or conviction made 
 
 ;a court of summary jurisdiction tinder or in pursuance of this Act, 
 e party so aggrieved may appeal therefrom, subject to the conditions 
 and regulations following : 
 
 (1.) The appeal shall be made to some court of general or quarter 
 sessions for the county or place in which the cause of appeal " 
 has arisen, holden not less than fifteen days and not more 
 than four months after the decision of the court from which 
 the appeal is made: 
 
 (2.) The appellant shall, within seven days after the cause of appeal 
 has arisen, give notice to the other party and to the court of 
 summary jurisdiction of his intention to appeal, and of the 
 ground thereof : 
 
 (3.) The appellant shall, immediately after such notice, enter into 
 a recognizance before a justice of the peace, with two suffi- 
 cient sureties, conditioned personally to try such appeal, and 
 to abide the judgment of the court thereon, and to pay such 
 costs as may be awarded by the court, or give such other 
 security by deposit of money or otherwise as the justice-may 
 allow: 
 
 (4.) The court of appeal may adjourn the appeal, and upon the 
 hearing thereof they may confirm, reverse, or modify the 
 decision of the court of summary jurisdiction, or remit the 
 matter to the court of summary jurisdiction with the opinion 
 of the court of appeal thereon, or make such other order in 
 the matter as the court thinks just. The court of appeal 
 may also make such order as to costs to be paid by either 
 party as the court thinks just. 
 
 7. All bye-laws made by the local authority under this Act shall 
 be printed, and a copy thereof shall be delivered to any person car- 
 rying on any of the businesses specified in this Act within the limits 
 of this Act, upon his application for the same, without payment of 
 any fee, and to any other person, on payment of such sum, not ex- 
 ceeding one shilling, as the local authority may from time to time 
 prescribe. 
 
 8. Any bye-law or order made by the local authority in pursuance 
 of this Act may be proved by the production of a printed copy of such 
 
 (a) See section 4, supra, as to " summary order."
 
 37 & 38 VICT. c. 67, ss. 811. 
 
 367 
 
 bye-law or order purporting to be certified by the clerk of the local Section 8. 
 authority to be a true copy, or purporting to be sealed by the seal of 
 the local authority ; and any such bye-law or order shall, until the 
 contrary is proved, be deemed to have been duly made and confirmed 
 in pursuance of this Act. 
 
 9. There shall be charged for an order sanctioning the establish- Fees for 
 ment anew of any one of the said businesses, permitted to be esta- sanction of 
 blished anew, such fee not exceeding ten shillings as the local ^cal autho- 
 authority may prescribe. "ty- 
 
 Any such fees shall be carried to such account for the benefit 
 of the local authority as that authority may prescribe, and shall be 
 applicable to the purposes for which the local rate (6) is applicable. 
 
 Amendment 
 of law as to 
 renewal of 
 licenses for 
 slaughter- 
 houses in 
 special session 
 under 
 Metropolis 
 Management 
 Amendment 
 Act, 1862 (c). 
 
 10. Where the sanction of the local authority has been given under 
 this Act to a slaughterer of cattle to establish his business anew on 
 any premises within the limits of this Act, a license to use such 
 premises as a slaughter-house shall be granted as a matter of course 
 by the justices assembled at the first special sessions for licensing 
 slaughter-houses held after the grant of such sanction, in pursuance 
 of section ninety-three of the Metropolis Management Amendment 
 Act, 1862 (d). 
 
 Before any license by the justices assembled at special sessions for 
 the use of any premises as a slaughter-house is renewed under the 
 last-mentioned section, fourteen days previous notice of the intention 
 to apply for such license to be renewed shall be served on the 
 metropolitan board of works as well as on the other parties in the 
 said section in that behalf mentioned, to the intent that such board 
 may, if they think fit, show cause against such license being renewed, 
 in like manner as such other parties are empowered by that section to 
 show cause. 
 
 An objection shall not be entertained to a license under the said 
 section for the use of any premises as a slaughter-house being renewed 
 unless seven days previous notice has been served on the applicant 
 of the intention of the objector to bring forward such objection, with 
 this exception, that notwithstanding notice has not been given, the 
 justices may, if they think it just so to do, on an objection being 
 made, and notice of such objection being served on the applicant, 
 adjourn the question as to renewing any license to a future day, and 
 require the attendance of the holder of the license on such day, when 
 the case shall be heard and the objection considered as if the 'notice 
 hereinbefore directed had been given. 
 
 A license under the said section ninety-three for the use of 
 premises as a slaughter-house shall, for the purposes of this Act, 
 be deemed to be renewed in all cases where a further license is 
 granted under the said section in immediate succession to a prior 
 license being granted for the use of the same premises as a slaughter- 
 house 
 
 11. Any person for the time being appointed by the Privy Council Power of 
 an inspector for the purposes of the Contagious Diseases (Animals) inspectors ot 
 
 (J) See definition of " local rate," section 12, infra, 
 
 (c) See exemption in favour of Metropolitan Cattle Market and Deptford 
 Cattle Market, section 16. 
 
 (d) See reference to this enactment in note (a), p. 363, supra.
 
 308 APPENDIX. SLAUGHTER-HOUSES, &c. (METROPOLIS) ACT, 1874. 
 
 Section 11. Act, 1869 (a) may enter on the premises occupied by any slaughterer 
 of cattle or knacker, within the limits of this Act, and inspect any 
 
 to enter ^ ve or dead animals therein for the purpose of detecting the presence 
 
 slaughter- of any contagious or infectious disease, and any person obstructing 
 
 houses and any such inspector in entering such premises or placing any obstacle 
 
 knackers yards in the way of his making such inspection as aforesaid, shall incur a 
 
 for detection penalty not exceeding twenty pounds, 
 of disease. 
 
 Definitions. 
 
 When a busi- 
 ness to be 
 deemed 
 
 Definitions. 
 
 12. In this Act, if not inconsistent with the context, the following 
 expressions shall have the meanings hereinafter respectively assigned 
 to them ; that is to say, 
 
 " The metropolis " means the parishes and places mentioned in the 
 schedules (A.), (B.), and (C.), annexed to the Metropolis 
 Management Act, 1855, and any parish to which such Act may 
 be extended by order in council in manner in the said Act 
 provided ; also the city of London and the liberties of the said 
 city : 
 
 " The local authority " means, as respects the parishes and places 
 mentioned in the schedules (A.), (B.), and (C.), annexed to the 
 Metropolis Management Act, 1855, and any parish to which 
 such Act may be extended by order in council in manner in the 
 said Act provided, the metropolitan board of works, and as re- 
 spects the city of London and the liberties thereof, the commis- 
 sioners of sewers : 
 
 " The clerk of the local authority " means as respects the metro- 
 polis " the clerk of the metropolitan board of works," and as 
 respects the city of London, "the chief clerk of the commis- 
 sioners of sewers :" 
 
 " The limits of this Act " means the area of the metropolis as 
 hereinbefore denned : 
 
 " The local rate " means, as respects the metropolis, "the rate or 
 fund applicable to the payment of the general expenses of the 
 metropolitan board of works ; " as respects the city of London, 
 the " consolidated sewer rate : " 
 
 " Slaughterer of cattle " means a person whose business it is to 
 kill any description of cattle, including sheep, goats, or swine, 
 which is killed for the purpose of its flesh being used as 
 butchers meat : 
 
 " Knacker " means a person whose business it is to slaughter any 
 horse, ass, or mule, or any cattle, sheep, goat, or swine which is 
 not killed for the purpose of its flesh being used as butchers 
 meat. 
 
 13. A business shall be deemed to be established anew if it is re- 
 moved from any one set of premises to any other premises, or if it is 
 renewed on the same set of premises after having been discontinued 
 
 (a) The Act here named is, with certain exceptions, repealed by the Con- 
 tagious Diseases (Animals) Act, 1878, section 4, first schedule. The gene- 
 ral powers of inspectors under the Act, are defined by the 51st section, and 
 section 5, after defining the terms " inspector of the privy council " and 
 " inspector of a local authority," declares that " inspector " used alone, shall 
 mean a person appointed to be an inspector for the purposes of the Act.
 
 37 & 38 VICT. c. 67, ss. 1316. 369 
 
 for a period of nine months or upwards, or if any premises on which Section 13. 
 it is for the time being carried on are enlarged without the sanction 
 
 of the local authority ; but a business shall not be deemed to be es 
 established anew by reason only that the ownership of such premises anew> 
 is wholly or partially changed, or by reason only that the building 
 on which it is established having been wholly or partially pulled 
 down or burnt down has been reconstructed without any extension 
 of its area. 
 
 Repeal and Saving Clauses. 
 
 14. There shall be repealed the following enactments ; that is to Repeal of 
 say, Acts. 
 
 (1.) Sections 55 and 56 (6) of the Act of the session of the seventh 
 and eight years of the reign of Her present Majesty, chap- 
 ter eighty-four, and intituled " An Act for Regulating the 
 Construction and use of Buildings in the Metropolis and its 
 Neighbourhood," so far as relates to the several businesses 
 of a soap boiler, tallow melter, knacker, fellmonger, tripe 
 boiler, or slaughterer of cattle. 
 
 Provided that the repeal enacted in this Act shall not affect 
 
 (1.) Anything duly done or suffered under any enactment hereby 
 repealed ; or 
 
 (2.) Any penalty, forfeiture, or other punishment incurred or to be 
 incurred in respect of any offence against any enactment 
 hereby repealed ; or 
 
 (3.) The institution of any investigation or legal proceeding or 
 any other remedy for ascertaining, enforcing, or recovering 
 any such liability, penalty, forfeiture, or punishment as 
 aforesaid. 
 
 15. All bye-laws and regulations in force at the time of the pass- Continuance 
 ing of this Act, in relation to any of the businesses, for the regula- of bye-la\vs. 
 tion of which a power of making bye-laws is given by this Act, 
 
 shall continue in force until repealed by bye-laws made in pursuance 
 of this Act, power being given to repeal, in relation to any such last- 
 mentioned business, by bye-law made in pursuance of this Act, any 
 bye-law or regulation in force in relation to such business at the 
 time of the passing of this Act. But from and after the passing of 
 this Act the local authority shall not have power to make any bye- 
 laws or regulations in respect of any business which they are em- 
 powered to regulate by bye-law under this Act except by bye-law 
 made in pursuance of this Act. 
 
 16. Nothing in this Act shall render it necessary for the mayor, Exemption 
 aldermen, and commons of the city of London, or their tenants, to regarding the 
 
 metropolitan 
 
 (5) The sections here mentioned were included among the enactments 
 excepted from the repeal of former Acts, by the 109th section of the Metro- 
 politan Building Act, 1855. The 55th section contains provisions respect- 
 ing the businesses of blood boiler, bone boiler, fellmonger, slaughterer of 
 cattle, sheep, or horses, soap boiler, tallow melter, and tripe boiler, im- 
 posing penalties in certain cases ; and the 56th section relates to the inflic- 
 tion of penalties, &c. See note to sec; ion 109 of Metropolitan Building 
 Act, 1855. ante.
 
 370 
 
 APPENDIX. SLAUGHTER-HOUSES, &c. (METROPOLIS) ACT, 1874. 
 
 cattle mar- 
 ket, &c. 
 
 Section 16. make application to the local authority for an order to enable them 
 to slaughter cattle at the metropolitan cattle market, or at the cattle 
 market at Deptford, or enable the local authority to make bye-laws 
 affecting those markets or the slaughter-houses now erected or that 
 may be erected at either of these markets. 
 
 Saving. -j^ Nothing in this Act contained shall affect the general law of 
 
 nuisance, or make legal any act or default which would have been 
 illegal if this Act had not passed, or, save as in this Act expressly 
 provided, affect any Act of parliament relating to any business speci- 
 tied in this Act.
 
 AN ACT 
 
 TO MAKE BETTER PROVISION RESPECTING THE 
 SUPPLY OF WATER TO THE METROPOLIS (a). 
 
 15 & 16 VICT. CAP. 84. 
 
 1ST JULY, 1852. 
 
 WHEREAS it is expedient to make provision for securing the supply 
 to the metropolis of pure and wholesome water, and otherwise to 
 make further and better provision in relation to the water supply of 
 the metropolis : Be it therefore enacted by the Queen's most Excel- 
 lent Majesty, by and with the advice and consent of the Lords 
 spiritual and temporal, and commons, in this present parliament 
 assembled, and by the authority of the same, as follows : 
 
 1. From and after the thirty-first day of August one thousand Restriction of 
 eight hundred and fifty-five it shall not be lawful for any company to sources 
 supplying the metropolis or any part thereof with water for domestic supply of 
 use, except the governor and company of Chelsea Waterworks, to water to the 
 take any water for such purpose from any part of the river Thames metropolis (5). 
 below Teddington Lock, or from any part of any of the tributary 
 
 rivers or streams of the river Thames below the highest point where 
 the tide flows in *uch tributary rivers and streams respectively ; and 
 from and after the thirty -first day of August one thousand eight 
 hundred and fifty-six, it shall not be lawful for the said governor 
 and company of Chelsea Waterworks to take any water for 
 domestic use from any part of the river Thames below Teddington 
 Lock. 
 
 2. From and after the thirty-first day of August one thousand Reservoirs 
 eight hundred and fifty-five every reservoir within a distance in a within a 
 
 limited dis- 
 
 ^ (a) This Act was amended by the Metropolis Water Act, 1871, 34 & 35 
 Viet. c. 113, which requires the companies enumerated in it to give a con- 
 stant supply of pure and wholesome water sufficient for the domestic pur- 
 poses of the inhabitants within the water limits mentioned in the Act, at 
 the pressure described, subject to the conditions specified. See the Act, 
 post. 
 
 (b) This section is in part repealed by the Statute Law Revision Act, 
 1875, namely, to " and fifty-five," the words " except the governor and 
 company of Chelsea Waterworks," and from "and from and" to the end 
 of the section. 
 
 2 B 2
 
 372 
 
 Section 2. 
 
 tance to be 
 covered (a). 
 
 Water not to 
 be brought 
 within a 
 limited dis- 
 tance in open 
 aqueducts (b). 
 
 Every com- 
 pany to filter 
 all water sup- 
 plied by them 
 for domestic 
 
 APPENDIX. THE METROPOLIS WATEK ACT, 1852. 
 
 not more than five miles, in which water for the supply for domestic 
 use of the metropolis or any part thereof is stored or kept by any 
 company, shall be roofed in or otherwise covered over : Provided 
 always that this provision shall not extend to any reservoir the water 
 from which is subjected by the company to efficient filtration after it 
 is discharged from such reservoir, and before it is passed into the 
 mains or pipes of the company for distribution, or to any reservoir 
 the whole of the water from which, is distributed through distinct 
 mains or pipes for other than domestic purposes, nor to any reservoir 
 whatever the water stored in which, shall be used exclusively for 
 other than domestic purposes. 
 
 3. From and after the thirty-first day of December one thousand 
 eight hundred and fifty- five, no water shall be brought or con- 
 ducted within the metropolis by any company for the purpose of 
 domestic use otherwise than through pipes or through, covered 
 aqueducts, unless the same shall be afterwards filtered before distri- 
 bution. 
 
 4. From and after the thirty-first day of December one thousand 
 eight hundred and fifty-five, every company shall effectually filter 
 all water supplied by them within the metropolis for domestic use, 
 before the same shall pass into the pipes for distribution, excepting 
 any water which may be pumped from wells into a covered reservoir 
 or aqueduct, without exposure to the atmosphere, and which shall 
 not be afterwards mixed with, unfiltered water. 
 
 Company to 
 give notice to 
 board of trade 
 before resort- 
 ing to new 
 sources of 
 supply, who 
 may thereupon 
 appoint an 
 inspector to 
 report. 
 
 5. Three months before any company shall resort to any new 
 source of supply, such company shall give notice in writing thereof 
 to the lords of the committee of privy council for trade and planta- 
 tions, hereinafter called the board of trade (6), and thereupon, within 
 one month after receipt of such notice, the said board of trade shall, 
 if they think fit, appoint a competent person as an inspector, who- 
 shall report with respect to any sources then specially authorized by 
 parliament, whether the directions of the special Act have been com- 
 plied with in reference thereto, and with respect to any new sources 
 not specially authorised by parliament, whether the same are capable 
 of supplying good and wholesome water for domestic purposes. 
 
 Inspector to 6. The inspector so appointed as aforesaid shall within ten days 
 give notice to after such appointment give notice in wilting to the company 
 companies of thereof, and of the time at which he proposes to visit and inspect 
 the said sources, and thereupon, in order to enable him to make 
 such report as aforesaid, it shall be lawful for the said inspector to 
 enter the lands wherein such sources respectively are situate, and to 
 examine and make inquiry touching the premises. 
 
 Board of 7. The board of trade shall, within twenty-one days after the 
 
 trade to receipt from the said inspector of his report, send to such company 
 
 certify their straight line from Saint Paul's Cathedral in the city of London of 
 
 his intention 
 to visit new 
 sources. 
 
 () This section is repealed by the Statute Law Eevision Act, 1875, 
 (schedule) in part, namely, to " and fifty-five." 
 
 (6) By 35 & 36 Viet. c. 79, s. 35 (the Public Health Act, 1872), the 
 power and duties of the board of trade under, amongst other Acts, this and 
 the Metropolis Water Act, 1871, shall be exercisable and be performed by 
 the Local Government Board.
 
 15 & 16 VICT. c. 84, ss. 715. 373 
 
 with respect to any such new sources of supply not specially autho- Section 7. 
 rized by parliament a certificate in writing of their approval or ~ 
 
 disapproval thereof, and with respect to any such sources as shall ^ P roval or 
 
 ' S * Pr( 
 
 then be specially authorized by parliament a notice in writing 
 stating whether in the judgment of the said board of trade (c) the 
 directions of the special Act have in reference thereto been com- 
 plied with. 
 
 8. After the company shall have received a certificate that the If board of 
 said board of trade (d) disapproves of any such new source of supply trade dis- 
 not specially authorized by parliament as aforesaid, it shall not be a PP rove > com - 
 lawful for the company to use the said source, and after receipt of P an y not to 
 such notice as aforesaid that in the judgment of the said board of use new source 
 trade the directions of the special Act with reference to any sources 8U PP'y' 
 then specially authorized by parliament have not been complied 
 
 with, it shall not be lawful for the company, before complying with 
 such directions with reference to such source, to use the same. 
 
 9. If at any time complaint as to the quantity or quality of the On 
 water supplied by any company for domestic use be made to the as * 
 board of trade (d) by memorial in writing signed by not less than ,~~ j-~jT f " v . 
 twenty inhabitant householders paying rents for and supplied with ., 
 water by the company, it shall be lawful for the board of trade, ma { a PP oin 
 at any time within one month after the receipt of such complaint, i^q^e a ^ 1( j 
 to appoint a competent person to inquire into and concerning the re p rt. 
 grounds of such complaint, and to report to the board of trade 
 
 thereon. 
 
 10. The person so appointed as aforesaid shall, within three days Powers of 
 after such appointment, give notice thereof in writing to the com- person ap- 
 pany, and after such notice as aforesaid he shall have power to in- pointed, 
 spect and examine the waterworks of the company, and to inquire 
 
 into and concerning the grounds of such complaint ; and the com- 
 pany and their officers shall afford all reasonable facilities for such 
 inspection, examination, and inquiry. 
 
 11. Any person obstructing such inspector in the due prosecution Penalty for 
 of such inspection, examination, or inquiry, shall forfeit and pay any obstructing 
 sum not exceeding ten pounds. inspector. 
 
 12. If after receipt of such report it shall appear to the board of If complaint 
 trade (d) that the said complaint is well founded, the board of trade well founded, 
 shall give notice thereof in writing to the company. notice to be 
 
 given to cora- 
 
 13. After the receipt of such notice the company shall and they pany. 
 
 are hereby required within a reasonable time to remove the grounds Company to 
 
 of such complaint. remove 
 
 ground of 
 
 14. Every steam engine, furnace, or other work in which coals complaint, 
 which produce smoke during combustion shall be consHmed by any Engines to 
 company for the purpose of the waterworks shall be constructed on con g ume their 
 the most effectual principle for consuming its own smoke. own smo ke. 
 
 15. After the expiration of five years from the passing of this Act Provision for 
 every company shall, subject to the provisions of the special Act constant SU P' 
 
 (c) See note to section 5, ante.
 
 374 APPENDIX. THE METROPOLIS WATER ACT, 1852. 
 
 Section 15. relating to such company, provide and keep, in the district mains 
 already laid down or hereafter to be laid by them, a constant supply 
 ply of water o f p u ^ e an( j W h lesome water sufficient for the domestic use of the 
 bv everv com- inhalants of all houses supplied by such company, at such pressure 
 as will make the water reach the top storey of the highest of such 
 houses, but not exceeding the level prescribed by the special Act of 
 such company : Provided that no company shall be bound to provide 
 a constant supply of water to any district main until four-fifths of 
 the owners or occupiers of the houses on such main shall by writing 
 under their hands have required such company to provide such 
 supply, nor even upon such requisition, in case it can be shown by 
 any company objecting to the same that more than one-fifth of the 
 houses on such main are not supplied with pipes, cocks, cisterns, 
 machinery, and arrangements of all kinds for the reception and dis- 
 tribution of water, constructed according to the regulations prescribed 
 by the special Act or by this Act, or which any company, with the 
 approval of the board of trade, may from time to time make in that 
 behalf ; and after any such requisition as aforesaid shall have been 
 delivered to the company, it shall be lawful for the surveyor, or any 
 other person acting under the aiithority of the company, between 
 the hours of nine of the clock in the forenoon and four of the clock 
 in the afternoon, to enter into any house or houses on such district 
 main, in order to ascertain whether the pipes, cocks, cisterns, and 
 machinery of such house and houses are so constructed as aforesaid ; 
 and provided also, that any company may, with the consent of the 
 board of trade, suspend the giving of such constant supply, or give 
 the same in succession to the several districts of such company or to 
 any parts of such districts as may be found to be convenient ; and 
 provided that it shall be lawful for the company, after due notice, to 
 abstain from supplying, or to cut off the communication pipes, and 
 withdraw the supply of water from any house whereof the pipes, 
 cocks, cisterns, machinery, or arrangements as aforesaid shall not bft 
 in conformity with such regulations ; provided that neither the Kent 
 Waterworks Company nor the Hampstead Waterworks Company 
 shall be required to give such supply at any height exceeding one 
 hundred and eighty feet above Trinity high water mark, nor the 
 East London Waterworks Company be required to give such supply 
 at any height exceeding forty feet above the level of the pavement 
 nearest the point at which such supply shall be required (a). 
 
 16. Any company which shall violate, refuse, or neglect to comply 
 with any of the provisions hereinbefore contained shall forfeit to Her 
 Majesty the sum of two hundred pounds, and the further sum of one 
 hundred pounds for every month during which they shall continue 
 to violate or to refuse or neglect to comply with the same after they 
 shall have received notice in writing from the board of trade to dis- 
 continue such violation, refusal, or neglect as aforesaid. 
 
 17. Every company shall, within one year after the passing of this 
 Act, cause a map to be made of the district within which any mains 
 
 (a) This section is repealed by the Metropolis Water Act, 1871, section 5 
 (Sched. A.) except so much thereof as prescribes the height at which the 
 Kent Waterworks Company and the East London Waterworks Company 
 are respectively required to give their supply. The provisions relating to 
 a constant supply now in force, are contained in theMetropolis Water Act 
 1871, section 7, et seq.
 
 15 & 16 VICT. c. 84, ss. 1720. 375 
 
 or district mains shall have been laid down or formed by them on a Section 17. 
 scale not less than six inches to a mile, and shall cause to be marked 
 
 thereon the course and situation of all existing mains and district works . f the 
 
 mains, and shall, within six months from the making of any altera- Companies 
 
 tions or additions, cause the said maps to be from time to time cor- a n^ ker>t t 
 
 rected, and such additions made thereto as may show the line and VT inci al 
 
 situation of all such mains and district mains as may be laid down or office of each 
 
 formed by them from time to time after the passing of this Act ; compan y, 
 
 and such map or a copy thereof, with the date expressed thereon of an( j be open 
 
 the last time when the same shall have been so corrected as aforesaid, to inspec- 
 
 shall be kept in the principal office of each company, and shall be tion (6). 
 open to the inspection of all persons interested in the same within 
 the said district, who shall be at liberty to take copies of or extracts 
 from the same. 
 
 18. Every company, on the application of any person supplied with Companies 
 water by such company, shall furnish to such person the particulars * f urms ' 1 
 of any district main from which such person is supplied, together with particulars 
 the names of the streets through which such district main passes, and ol ^strict 
 the commencement and termination thereof. reTired (c> 
 
 19. And with respect to the yearly receipt and expenditure of Account of 
 every company, the company shall in each year cause an account in receipt and 
 abstract to be prepared of the whole receipt and expenditure of all expenditure 
 rates or other moneys levied under the powers of their Act, under rates, &c., 
 the several distinct heads of receipt and expenditure, with a state- ^ re "/i 
 ment of the balance of such account duly audited and certified by the tobe open to 
 chairman of the company, and also by the auditors thereof, if any, ; nspect io n (<A 
 and a copy of such annual account shall be sent, free of charge, to the 
 
 town clerk of the city of London, and to the vestry clerk of each 
 parish supplied with water by each company respectively not within 
 the city of London, on or before the thirty-first day of January in 
 each year, under a penalty of twenty pounds for each default ; and 
 the copy of such account so sent shall be kept by the said town clerk 
 and vestry clerks respectively, and shall be open to inspection by 
 all persons at all reasonable hours, on payment of one shilling for 
 each inspection. 
 
 20. Whenever it shall appear to the board of trade that any of the Board of 
 provisions of this Act have been violated, or have not been complied trade may 
 with on the part of any company, or that any company has acted or direct prose- 
 is acting in a manner unauthorized by the provisions of this Act, cutions to 
 and it shall also appear to the said board of trade that it would be for enforce 
 
 "" 
 
 ,ny should be restrained from so - 
 
 ,__i:.r_ j-i ,,. * TT- "^""estv's Acts^aj. 
 
 acting, the said board of trade shall certify the same to Her Maj 
 attorney general, and thereupon the said attorney general shall pro- 
 ceed by information, or by action, bill, plaint, suit at law or in 
 equity, or other legal proceeding, as the case may require, to recover 
 any penalties which may have been incurred, or otherwise to enforce 
 
 (5) This and the 18th section, by Metropolis Water Act, 1871, section 49, 
 are to be read as if instead of the words " district mains" and " district main" 
 in those sections the word "pipes" and "pipe" were substituted 
 respectively. 
 
 (c) See note to preceding section. 
 
 (d) Kepealed by Metropolis Water Act, 1871, section 5.
 
 APPENDIX THE METROPOLIS WATEK ACT, 1852. 
 
 Cisterns, 
 closets, and 
 baths to be 
 so con- 
 structed as 
 to prevent 
 
 the due performance of the said provisions ; and in case the default 
 of the company shall consist in the commission of some Act or Acts 
 unauthorized by law, then the said attorney general, upon receiving 
 such certificate as aforesaid, shall proceed by suit in equity, or such 
 other legal proceeding as the nature of the case may require, to 
 obtain an injunction or order (which the judge in equity, or other 
 judge to whom the application is made, shall be authorized and 
 required to grant, if he shall be of opinion that the Act or Acts of 
 the company complained of is or are not authorized by law), to 
 restrain the company from acting in such illegal manner, or to give 
 such other relief as the nature of the case may require. 
 
 21. No such certificate as aforesaid shall be given by the said 
 board of trade until twenty-one days after they shall have given 
 notice to the company against or in relation to whom they shall 
 intend to give such certificate of their intention to given such certifi- 
 cate ; and no proceedings shall be commenced under the authority of 
 the said board of trade except within one year after the offence shall 
 have been committed. 
 
 22. Whenever water shall be constantly laid on under pressure in 
 any district main, every person supplied with water under pressure 
 by any company through sueh main shall, when required by the 
 company, provide a proper cistern or other receptacle for the water 
 with which he shall be so supplied, with an efficient ballcock or other 
 like apparatus ; and if any cistern or other receptacle supplied with 
 water under pressure shall be provided with or have any overflow 
 spout, waste pipe, or other means or contrivance immediately con- 
 nected or capable of being used therewith to carry off the water from 
 such cistern or receptacle, such person shall be bound to give notice 
 to the company of every such overflow spout, waste pipe, or other 
 means or contrivance, and of the situation thereof; and whether 
 such notice shall have been given or not, the surveyor or any other 
 person acting under the authority of the company may, between the 
 nours of nine of the clock in the forenoon and four of the clock in the 
 afternoon, enter into any house in order to examine if there be any 
 waste, misuse, or undue consumption of water by means of any over- 
 flow spout, waste pipe, or other means or contrivance ; and in case 
 any such waste, misuse, or undue consumption of water shall be 
 found to exist, or shall be deemed likely to occur from the use of 
 any such overflow spout, waste pipe, or other means or contrivance, 
 it shall be lawful for such surveyor or other person to give notice to 
 the person so supplied with water, either to repair and amend or to 
 remove such overflow spout, waste pipe, or other means or con- 
 trivance ; and if the same shall not be forthwith repaired and 
 amended, or removed, in accordance with such notice, it shall be 
 lawful for the company immediately thereafter to turn off the water 
 from the house, and to cease to supply the same with water. 
 
 23. Every cistern or other receptacle for water, and every closet, 
 soil-pan, and private bath which shall be supplied with water by 
 any company, shall be so constructed and used as effectually to pre- 
 vent the waste, misuse, or undue consumption of water, and "the flow 
 or return of foul air or other noisome or impure matter into the 
 mains or pipes of the company, or into any pipes connected or com- 
 
 (a) Repealed by Metropolis Water Act, 1871, section 5.
 
 15 & 16 VICT. c. 84, ss. 2327. 377 
 
 municating therewith ; and notwithstanding anything in " The Section 23. 
 
 Waterworks Clauses Act, 1847," or in this Act contained, no company 
 
 shall be bound to supply water into any cistern or other receptacle TT a ^ r 
 for water, closet, soil-pan, or private bath, which shall not be so con- Qr e r ? 
 stracted and used. of impure 
 
 matter into 
 
 24. No person shall make or lay down, or permit to be made or the mains, 
 laid down, any pipe or other means or contrivance for taking, using, &c. 
 
 or obtaining water to communicate with any pipe or apparatus con- Restricting 
 
 nected with any of the mains or pipes of any company without giving communica- 
 
 such notice, and except, under such superintendence, and according tion with 
 
 to such direction as is provided by " The Waterworks Clauses Act, pipes of the 
 
 1847," with respect to the communication pipes to be laid by the company, 
 inhabitants. 
 
 25. If any person supplied with water by any company shall wil- Water may 
 fully do or cause to be done any act, matter, or thing in contravention be cut off 
 of the provisions of this Act, or of the special Act relating to such in certain 
 company, or of any Act incorporated therewith, or shall wilfully cases, 
 omit or neglect to do any matter or thing which under such provi- 
 sions ought to be done for the prevention of the waste, misuse, or 
 
 undue consumption, or the contamination of the water of the com- 
 pany, it shall be lawful for the company 'to turn off the water supplied 
 by them to such person, and to cease to supply such person with 
 water, and also to recover from such person by action or suit in any 
 court of competent jurisdiction the amount of any loss, damage, or 
 injury which such company may sustain by means or in consequence 
 of any such act, matter, or thing as aforesaid, or of any such wilful 
 omission or neglect as aforesaid. 
 
 26. It shall be lawful for any company from time to time, with Regulations 
 the approval of the board of trade (6), to make such regulations as tbe made 
 shall be necessary or expedient for the purpose of preventing the *P" 
 waste or misuse of water, and therein, amongst other things, to pre- ^ ^ 
 scribe the size, nature, and strength of the pipes, cocks, cisterns, and , , 
 other apparatus to be used, and to interdict any arrangements, and 
 
 the use of the pipes, cocks, cisterns, or other apparatus, which may 
 tend to such waste or misuse as aforesaid. 
 
 27. If it appear -to the churchwardens and overseers of the poor of Parish 
 any parish that any house in such parish is without a proper supply officers, 
 
 of water, and that an annual supply can be furnished thereto by the with consent 
 company at a rate not exceeding threepence per week, conformably f v&tej> 
 with the scale of rates authorized to be charged by such company, may req 
 after making the allowance of twenty per cent, hereinafter men- inhabita 
 tioned, the said churchwardens and overseers shall, with the consent 
 of the vestry of the said parish, give notice in writing to the owner 
 or occupier of such house, requiring him within a time specified 
 therein to obtain such supply, and do all such works as may be 
 necessary for that purpose ; and if such notice be not complied with 
 the said churchwardens and overseers shall, with the consent afore- 
 said, do such works, and recover the expenses incurred from such 
 
 (J) See note to section 5, ante. This section is repealed by the statute 
 Law Eevision Act, 1875, in part, namely the words " with the approval of 
 the board of trade."
 
 378 
 
 APPENDIX THE METROPOLIS WATER ACT, 1852. 
 
 Section 27. owner, in like manner and with the same remedies for nonpayment, 
 
 as rates for the maintenance of the poor are by law recoverable in 
 
 such parish ; and the company shall, upon the requisition of the said 
 churchwardens and overseers of the poor, supply with water such 
 house or houses ; and the rates for such supply of such house or 
 houses, not exceeding in the whole threepence per week for any one 
 such house, shall be due and payable by the said owner, and shall be 
 recoverable by the company as if such owner had contracted with 
 the company for the supply of such water, and upon such payment 
 the company shall make an allowance of twenty per cent. ; and for 
 the purposes aforesaid the person for the time being receiving the 
 rackrent of any such house as aforesaid, whether on his own account 
 or as agent or trustee for any other person, or who would so receive 
 the same if such house were let at a rackrent, shall be deemed to be 
 the owner of such house. 
 
 Short title. 28 In citing this Act in other Acts and in legal instruments it 
 
 shall be enough to use the expression " The Metropolis Water Act, 
 1852." 
 
 Interpre- 29. In the construction of this Act the expression " company" 
 
 tation of shall mean and include any of the companies'hereinafter emimerated ; 
 
 terms. (that is to. say,) the governor and company of the New River brought 
 
 from Chadwell and Amwell to London, commonly called " The New 
 River Company ;" the company of proprietors of the East London 
 Waterworks ; the Southwark and vauxhall Water Company ; the 
 West Middlesex Waterworks Company ; the Lambeth Waterworks 
 Company ; the governor and company of Chelsea Waterworks ; the 
 Grand Junction Waterworks Company ; the company of proprietors 
 of the Kent Waterworks ; and the Hampstead Waterworks Company ; 
 and also any other company, board, commissioner, association, person 
 or partnership, corporate or unincorporate, for the time being supply- 
 ing the metropolis or any part thereof with water for domestic use ; 
 the expresgjfcn " the Special Act " shall mean and include this Act, 
 and every and any Act. of parliament relating to the company 
 referred to ; and the expression " the metropolis " shall mean and 
 include all places described or referred to in the schedule to this 
 Act. 
 
 The SCHEDULE above referred to. 
 
 All such places lying on the north side or left bank of the river 
 Thames as are within the exterior boundaries of and are within the 
 ambit formed by the parishes of Fulham, Hammersmith, Kensington, 
 Paddington, Hampstead, Hornsey, Tottenham, Saint Pancras, Isling- 
 ton, Stoke Newington, Hackney, Stratford-le-bow, Bromley, Poplar, 
 and Shadwell. 
 
 Such part of the parish of Chelsea as lies north of the said parish 
 of Kensington. 
 
 And such parts and places lying on the south side or right bank 
 of the said river as are within the exterior boundaries of and are 
 within the ambit formed by the parishes of Woolwich, Charlton, 
 Greenwich, Deptford, Lee, Lewisham, Camberwell, Lambeth, Streat- 
 ham, Tooting, Wandsworth, and Putney.
 
 AN ACT 
 
 TO AMEND "THE METROPOLIS WATER ACT, 1852;" 
 AND TO MAKE FURTHER PROVISIONS FOR THE 
 DUE SUPPLY OF WATER TO THE METROPOLIS 
 AND CERTAIN PLACES IN THE NEIGHBOURHOOD 
 THEREOF. 
 
 34 & 35 VICT. CAP. 113. 
 
 21ST AUGUST, 1871. 
 
 WHEREAS it is expedient to amend " The Metropolis Water Act, 15 & \Q Viet. 
 1852 ;" and to make further provisions for securing to the metropolis c. 84. 
 and to certain places in the neighbourhood thereof a constant supply (Public). 
 of pure and wholesome water : 
 
 Be it therefore enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the Lords spiritual and temporal, 
 and commons, in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 Preliminary 
 
 1. This Act may be cited for all purposes as " The Metropolis Short title. 
 Water Act, 1871." 
 
 2. This Act and the Metropolis Water Act, 1852, as the same is This and 
 amended by this Act, shall be read and construed together as one recited Act to 
 Act. be as one. 
 
 3. In this Act, 
 
 The expression " the metropolis " shall mean the metropolis as Interpretation 
 
 denned by the Metropolis Management Act, 1855 : (a) of terms. 
 
 The term " company " shall mean and include any of the com- 
 panies following ; that is to say, 
 
 The governor and company of the New River brought from 
 Chadwell and Amwell to London, commonly called " The 
 New River Company ;" 
 The East London Waterworks ; 
 The Southwark and Vauxhall Water Company ; 
 The company of proprietors of the West Middlesex Water- 
 works Company ; 
 
 (a) See definition of metropolis in 18 & 19 Viet. c. 120, s. 250, and note 
 to preamble of that Act.
 
 380 APPENDIX. THE METROPOLIS WATER ACT, 1871. 
 
 Section 3. The company of proprietors of Lambeth Waterwork : 
 
 The governor and company of Chelsea Waterworks ; 
 The Grand Junction Waterworks Company ; 
 The company of proprietors of the Kent Waterworks ; and 
 also any other corporation, company, board, commissioners, 
 association, person, persons, or partnership, for the time 
 being supplying water for domestic use within, the limits of 
 this Act : 
 
 The term " person " shall include a corporation aggregate or sole : 
 
 The expression " water limits " in relation to a company shall 
 mean such parts of the limits within which such company is 
 authorized to supply water as are within the limits of this 
 Act : 
 
 The expression " the special Act," in relation to a company shall 
 mean and include every and any Act of parliament relating to 
 such company : 
 
 The expression " metropolitan authority" shall mean, in the places 
 specified in the table in the Schedule (A.) to this Act annexed, 
 the bodies or persons named in the same table : 
 
 The term " district " shall mean the area selected for the purpose 
 of constant supply, such area being within the jurisdiction of a 
 metropolitan authority, and also within the water limits of a 
 company, and being coterminous with some one or more services 
 of such company : 
 
 The term " premises " shall mean and include any dwelling-house 
 and any part of a dwelling-house, and any stable, yard, or other 
 offices used together or in connexion with any dwelling-house or 
 any part of a dwelling-house : 
 
 The term " prescribed " shall mean prescribed by any regulations 
 made under the authority of this Act : 
 
 The term " court of summary jurisdiction " means and includes any 
 justice or justices of the peace, metropolitan police magistrate, or 
 officer, by whatever name called, to whom jurisdiction is given 
 by the Act passed in the session of parliament held in the 
 eleventh and twelfth years of the reign of Her present Majesty, 
 intituled " An Act to facilitate the Performance of the Duties of 
 Justices of the Peace out of Sessions within England and Wales 
 with respect to summary Convictions and Orders," and any Acts 
 amending the same : 
 
 The term " fittings " includes communication pipes, and also all 
 pipes, cocks, cisterns, and other apparatus used or intended for 
 supply of water by a company to a consumer, and for that pur- 
 pose placed in or about the premises of the consumer : 
 
 The term " owner " means the person who, for the time being, 
 receives the rackrent of the premises with reference to which 
 that term is used, whether on his own account or under or by 
 virtue of any mortgage or charge, or as agent or trustee for any 
 person, or who would so receive the same if the premises were 
 let at a rackrent, and includes every successive owner from time 
 to time of the premises, being such for any part of the time during 
 which the enactment wherein that term is used operates in rela- 
 tion to the premises : 
 
 Premises shall be deemed to be on the same service, or on a ser- 
 vice, when water is supplied to them by a company from the 
 same service pipe. 
 
 Limits of * Tne limits within which the provisions of this Act shall be in 
 
 Act. force and have effect (in this Act referred to as " the limits of this
 
 34 & 35 VICT. c. 113, ss. 4-8. 381 
 
 Act ") shall include the metropolis and the several places set out in Section 4. 
 schedule to the Metropolis Water Act, 1852, which do not form part 
 of the metropolis. 
 
 5. From and after the passing of this Act, the sections of the Metro- Repeal of 
 polis Water Act, 1852, specified in Schedule (B.) to this Act annexed, parts of _ 
 shall be and the same are hereby repealed, so far as regards their metropolis 
 operation within the limits of this Act : Provided always, that no Water Act, 
 such repeal shall affect any act, matter, or thing duly done or agreed m% (*) 
 upon before the passing of this Act, under the authority of any of the 
 
 sections of the said Act hereby repealed. 
 
 6. From and after the passing of this Act every company shall on Supply of 
 Sundays as on other days supply sufficient pure and wholesome water on 
 water for the domestic use of the inhabitants within their water Sundays, 
 limits. 
 
 Co'iistant Supply. 
 
 7. Subject to the provisions of this Act, every company may, and Companies 
 from and after the expiration of eight months from the passing of to provide 
 this Act every company shall, when required so to do, in the manner constant 
 directed by this Act, provide and keep throughout their water limits (b), supply of 
 or throughout such parts of such limits as they may be required in water, 
 manner aforesaid, a constant supply of pure and wholesome water 
 sufficient for the domestic purposes (c) of the inhabitants within such 
 
 water limits constantly laid on at such pressure as will make such 
 water reach the top story of the highest houses within such water 
 limits (but not exceeding the level prescribed by the special Act) of 
 such company (which supply is in this Act referred to as a " constant 
 supply ") ; and every such company shall, subject to the provisions of 
 the special Act as the same are amended by this Act, give and con- 
 tinue to give to such inhabitants a constant supply for domestic pur- 
 poses in manner prescribed (d). 
 
 8. At any time after the expiration of six months from the passing Application 
 of this Act, the metropolitan authority (e) shall, whenever they are for constant 
 of opinion that there should be in any district a constant supply, supply, 
 make application to the company within the water limits in which 
 
 such district is situate, requiring a constant supply in such district, 
 and any company may without any such application propose to the 
 metropolitan authority to give a constant supply in any district. 
 
 (a) These are section 15, except so much thereof as prescribes the height 
 at which the Kent Waterworks Company and the East London Waterworks 
 Company are respectively required to give their supply, sections 19 to 22, 
 both inclusive, and section 2 7. 
 
 (b) That is such part of the limits within which a company is authorized 
 to supply water, as are within the limits of this Act ; see sections 3 & 4. 
 
 (c) As to what are domestic purposes, see Busby v. Chesterfield Water 
 and Gas Company, 27 L. J. M. C. 174 referred to in note to section 150 of 
 18 & 19 Viet. c. 120, ante. 
 
 (d) That is, if prescribed by any regulations made under the authority of 
 this Act, section 3. 
 
 (e) See definition of metropolitan authority, section 3, and table in 
 Schedule (A.) to Act.
 
 382 
 Section 9. 
 
 Appeal to 
 board of 
 trade (a). 
 
 Restriction 
 as to com- 
 pulsory supply 
 by companies. 
 
 APPENDIX. THE METROPOLIS WATER ACT, 1871. 
 
 9. When application has been made to any company requiring 
 such company to provide a constant supply, or when any company 
 has given notice to a metropolitan authority of a proposal to give a 
 constant supply in any district, and the company so required, or the 
 metropolitan authority upon whom notice of such proposal has been 
 served, object to such requisition or proposal, it shall be lawful for 
 such company or metropolitan authority, within one month after the 
 making of such application or service of such notice, to present a 
 memorial to the board of trade, setting forth their objections to such 
 requisition or proposal, and the party presenting such memorial, or 
 such company, shall give notice to the other party of the presentation 
 of such memorial, and shall transmit to such party a copy of the 
 same. The board of trade shall, as soon as conveniently may be after 
 the receipt of such memorial, take the same into their consideration, 
 and may, if they think fit, institute any inquiry in relation thereto, 
 and may hear such company and authority desiring to be heard, and 
 may make such order in reference thereto, and as to the costs thereof 
 and incident to the same, as to them shall seem just. 
 
 10. No company shall be compelled to give a constant supply to 
 an y premises in any district until the regulations provided for by this 
 Act ^ are ma( j e am | are j^ operation within such district, or if it 
 can e g^Q^yjj jjy g^fr company that at any time after the expiration 
 of two months from the time of the service of any requisition for con- 
 stant supply more than one-fifth of the premises in such district are 
 not provided with the prescribed fittings, without prejudice never- 
 theless to any renewed requisition at a future period. 
 
 In any district in which any default in respect of the prescribed 
 fittings shall be found the metropolitan authority may by notice in 
 writing require the owner or occupier of any such premises within a 
 time to be specified in such notice, to provide the prescribed fittings, 
 or to cause the fittings in such premises to be repaired, so as to pre- 
 vent any waste of water, and if any person fail to comply with the 
 terms of such notice the metropolitan authority may provide for such 
 premises the 'prescribed fittings, or repair the fittings within the same, 
 as the case may be. 
 
 The expenses incurred by the metropolitan authority in providing 
 such fittings or in making such repairs shall be paid to them by the 
 person liable to pay the rate for the water supplied, or on whose 
 credit the water is supplied, or by the owner (c) of the premises. 
 
 All such expenses may be recovered, with costs, from the owner, 
 and to the extent of any rent due by the occupier of the premises, 
 from such occupier, by proceedings in a court of summary jurisdiction, 
 or by action in any court having jurisdiction locally in the matter, as 
 if the same were an ordinary simple contract debt ; and any sum and 
 costs so recovered from an occupier may be deducted by him from the 
 rent payable by him to the owner, and shall be allowed by the owner 
 and every other person interested in the rent, as if the same had been 
 actually paid as rent ; but if in any case an occupier fails to disclose 
 the amount of rent due by him, or the name or address of the owner, 
 he shall .be liable to pay the full amount of such expenses and costs : 
 
 (a) Now the local government board, see Public Health Act, 1872, sec- 
 tion 35. 
 
 (&) See provisions as to regulations, section 17, tt se%. 
 (c) See definition of "owner," section 3.
 
 34 & 35 VICT. c. 113, ss. 1014. 383 
 
 Provided further, that as between any such owner and occupier Section 10. 
 nothing herein contained shall be taken to affect any contract made 
 between them respecting the payment of the expenses of any such 
 works as aforesaid. 
 
 11. It shall be lawful for the board of trade (d) at any time Power to 
 after the expiration of six months from the passing of this Act, to board of 
 require a constant supply to be provided in any district by the com- trade to 
 pany within the water limits of which such district is situate, upon require con- 
 complaint made, and in case it appears to such board, after due f^ 1 " JPPv 
 
 inquiry,- m certam 
 
 cases. 
 That the metropolitan authority refuses to make or unreasonably 
 
 delays making application for such constant supply, or 
 That, by reason of the insufficiency of the existing supply of water 
 in such district, or the unwholesomeness of such water in con- 
 sequence of its being improperly stored, the health of the 
 inhabitants of such, district is or is likely to be prejudicially 
 affected. 
 
 12. Where a constant sup 
 that effect shall be served, on 
 upon the company required 
 
 constant supply is proposed to be given in any district by any com- stant 
 pany, notice to that effect shall be served on behalf of such company ^ " e serve< i 
 upon the metropolitan authority. In every such notice shall be u P on company 
 stated accurately the district in which such constant supply is required rme 
 or proposed to be given, and the day (not being an earlier day than 
 four months after the date of the service of such notice) upon and 
 from which such supply is to commence. 
 
 13. Where a constant supply is required in any district, and the Extension 
 company is unable, from want of funds or other cause of any kind, of time to 
 to execute all the necessary works within the time prescribed by companies, 
 this Act, the board of trade (d), if they think fit, may extend the 
 
 time for the giving of such supply generally, or may extend the time, 
 and direct such supply to be given at different times in succession, 
 to the several parts of such district, in such manner as may be 
 found most convenient : Provided that application be made by the 
 company for such extension of time within one month after the 
 notice referred to in the last preceding section has been served upon 
 them. 
 
 14. With respect to cases where a group or number of dwelling- Provision for 
 houses are situate in a court or passage, or otherwise in contiguity supply in 
 with or in close neighbourhood to one another, the following further courts, pas- 
 provisions shall have effect ; that is to say, sages, &c. 
 
 (1.) If at any time it appears to the board of trade (d) on the report 
 of the nuisance authority, as defined by the Sanitary Act 
 1866 (e) that a constant supply cannot be well and effectually 
 
 (d) See note to section 9. 
 
 (e) Section 15 of the Act referred to, 29 & 30 Viet. c. 90, defines the 
 " nuisance authority" as any authority empowered to execute the Nuisance 
 Removal Acts. Section 14 of the same Act defines " Nuisances Removal 
 Acts" as the Acts of the 18 & 19 Viet. c. 121, and the 23 & 34 Viet. c. 77 
 as amended hy the Act of 1866.
 
 384 
 
 Section 14. 
 
 Provision 
 for case of 
 frost, &c. 
 
 Penalties 
 for non- 
 compliance 
 with preced- 
 ing provi- 
 sions (c). 
 
 APPENDIX. THE METROPOLIS WATER ACT, 1871. 
 
 provided for that group or number of dwelling-house, except 
 by means of a stand-pipe or other apparatus placed outside 
 the dwelling-houses, the board of trade (a) may from time 
 to time make an order to the effect that such group or 
 number of dwelling-houses may be so supplied, and shall 
 serve the same on the company within whose water limits 
 the dwelling-houses are situate : 
 
 (2.) If the requisite stand-pipe or other apparatus in accordance 
 with the regulations of the company is provided, then the 
 company shall give to those dwelling-houses a supply 
 accordingly by means of the stand-pipe or other apparatus 
 so provided, and on giving such supply shall be entitled to 
 receive and recover water rates or rents from the owners or 
 occupiers of such dwelling-houses as if the supply had been 
 given in the premises. The expense of providing such 
 stand-pipe or other apparatus shall be borne by the owner 
 
 given in the premises. The expense of providing such 
 stand-pipe or other apparatus shall be borne by 1 " 
 of the dwelling-houses, or if there is more than one owner 
 then by the respective owners in such proportions as the 
 board of trade (a) shall direct : 
 
 (3.) The board of trade (a) may at any time abrogate, wholly or in 
 part, the order, or may originally grant it only for a limited 
 period. 
 
 15. Notwithstanding anything in this Act, a company shall not be 
 subject to any liability for not giving a constant supply if the want 
 of such supply arises from frost, unusual drought, or other unavoid- 
 able cause or accident (6). 
 
 16. Any company which violates, refuses, or neglects to comply 
 with any of the preceding provisions of this Act shall be liable to a 
 penalty not exceeding two hundred pounds, and to a further penalty 
 not exceeding one hundred pounds for every month during which 
 such violation or refusal or neglect to comply with the said provi- 
 sions continues after they shall have received notice in writing from 
 the board of trade (d), to discontinue such violation, refusal, or 
 neglect as aforesaid. 
 
 Regulations. 
 
 Company 17. Every company shall, within six months after the passing of 
 
 may make this Act, make regulations for the purposes for which regulations 
 
 regulations. may be made under the authority of section 26 of the Metropolis 
 
 Water Act, 1852, and the provisions of that section shall apply 
 
 also to the preventing of undue consumption or contamination of 
 
 water. 
 
 (a) See note to section 9. 
 
 (6) As to non-liability of a company for damage by the leakage of one of 
 their pipes, see Cattle v. Stockton Waterworks Company, L. B. 10 Q. B. 
 
 (<?) See as to recovery and application of penalties incurred by a water- 
 works company, section 44. 
 (d) See note to section 9.
 
 34 & 35 VICT. c. 118, ss. 1822. 385 
 
 18. Any company, if it thinks fit, or if requested so to do by the Section 18. 
 board of trade (e), may repeal or alter any of the regulations made 
 for the purposes aforesaid, or make new regulations instead of any of AmendmeD 
 the same. tions * 
 
 19. In case any company does not make regulations within the In case of 
 time specified in this Act, or in case any company, on being requested default by 
 in writing by the metropolitan authority, or by any ten consumers companies, 
 of the water supplied by that company, to repeal or alter any of the board of 
 regulations for the time being in force, or to make new regulations trade , mav 
 instead of any of the same, refuses so to do, the board of trade (/) a PP omt P er " 
 may, if they think fit, appoint a competent and impartial person of son re port 
 engineering knowledge and experience to report to them as to such as j^^'g 
 regulations as may be necessary for the execution of this Act, or as ^ . ' 
 to the expediency of altering or repealing such regulations, or of mak- ma k e ^me 
 ing new regulations, in conformity with such request as aforesaid, 
 
 and on the report of such person the board of trade may make such 
 regulations, repeal, or alterations as they think fit. 
 
 20. By any regulations made under the authority of the Metro- Penalties 
 polis Water Act, 1852, or of this Act, penalties may be imposed for for offences 
 offences against the same not exceeding in respect of any offence the against 
 sum of five pounds, so that every such regulation be so framed as to regulations, 
 allow part only of the maximum penalty being inflicted, and any 
 
 such penalty shall be recoverable as penalties under this Act are 
 recoverable, (g) 
 
 21. Within four days after the making of any regulation, or of any Notice of 
 repeal of or alteration in any regulation, notice of the same shall be regulations 
 served upon the metropolitan authority by the company or person to be de- 
 making the same. livered to 
 
 metropolitan 
 
 22. No regulation, and no repeal or alteration of any regulation, authont ^ 
 
 made under the authority of the Metropolis Water Act, 1852, or of 
 this Act, by a company, shall be of any force or effect unless and . rc e ula ~ 
 until the same be submitted to and confirmed by the board of trade (/), lons ' 
 who may institute such inquiry in relation thereto as they shall 
 think fit, and who at such inquiry shall hear the metropolitan 
 authority, and the company, if desiring to be heard, and the said 
 board shall, if they think fit, or if requested, nominate and have 
 present at such inquiry to advise and assist them a competent and 
 impartial waterworks engineer. The board of trade (/) may, after 
 such inquiry, confirm or disallow any such regulation, repeal, or 
 alteration, in whole or in part, or may confirm the same with such 
 modification or alteration as they may think proper ; and no such 
 regulation, repeal, or alteration shall be made by the board of trade 
 on any such report as aforesaid, except after a like inquiry and hear- 
 ing, with the like advice and assistance as aforesaid : Provided that 
 no such regulation, repeal, or alteration shall be confirmed or made 
 (as the case may be) by the board of trade unless notice in that 
 
 (e) See note to section 9. As to evidence of existence, and of due making, 
 confirmation, and publication of regulations, see section 25. 
 
 (/) See note to section 9. 
 
 (g) See as to recovery of penalties in court of summary jurisdiction, 
 section 45. 
 
 2 C
 
 386 
 
 APPENDIX THE METROPOLIS WATER ACT, 1871. 
 
 Section 22. behalf shall have been given by the company to which the same 
 relates, or by such person as the board of trade (a) direct, in the 
 London Gazette and in two daily morning newspapers circulated 
 within the limits of this Act, one month at least belore the inquiry ; 
 and one month at least before any such inquiry is held a copy of the 
 regulation, repeal, or alteration in question shall be sent by such 
 company or person to the office of the metropolitan authority, and the 
 same shall for one month be kept open during office hours at the 
 respective offices of the metropolitan authority and of the said com- 
 pany to the inspection of all persons, without fee or reward, and a 
 copy of the same or of any part thereof shall be furnished to every 
 person who shall apply for the same, on payment of sixpence for 
 every one hundred words contained in such copy. 
 
 Publication 23. A printed copy of all regulations in force for the time being 
 
 of regula- shall be kept at the office of the metropolitan authority and of every 
 
 tions. company within the limits of this Act, and all persons may at all 
 
 reasonable times inspect such copy without payment, and each com- 
 pany shall cause to be delivered a printed copy, authenticated by 
 their seal, of all regulations for the time being in force to 
 
 Regulations 
 to be bind- 
 ing upon all 
 parties. 
 
 Evidence 
 of regula- 
 tions. 
 
 applying for the same, on payment of any sum not exc 
 ing one shilling and sixpence for every such copy, and a printed 
 copy of the regulations for the time being in force relative to 
 any particular district only to every person applying for the same r 
 on payment of any sum not exceeding threepence for every such 
 copy. 
 
 24. All regulations, and every repeal of or alteration in any regula- 
 tion made, shall, after publication in manner by the last preceding 
 section" of this Act directed, be binding upon and be observed by all 
 parties, and shall be sufficient warrant for all persons acting under 
 the same, and a company shall not be bound under any agreement to- 
 supply or continue to supply water to any premises unless such regu- 
 lations as are for the time being in force are duly observed in respect 
 of those premises. 
 
 25. A printed copy of regulations relating to any company, dated 
 and purporting to be made as aforesaid, and to be authenticated by 
 the seal of such company, shall be conclusive evidence of the exist- 
 ence and of the due making, confirmation, and publication of such 
 regulations in all prosecutions or proceedings under the same,, 
 without adducing proof of such seals, or oi the fact of such con- 
 firmation or publication of such regulations or of any of the require- 
 ments of this Act relative thereto having been complied with. 
 
 Notice 
 relating to 
 constant 
 supply to 
 be published 
 in London 
 Gazette, 
 &c. 
 
 Supply of prescribed fittings. 
 
 26. When notice in relation to a constant supply in any district 
 has been served upon or by any company, the party by whom or on 
 whose behalf such notice shall be served shall, within five days after 
 the service thereof, cause to be published a copy of the same once in 
 the London Gazette, and copies of the same once at least in each of 
 two successive weeks in any two daily newspapers circulated within 
 the limits of this Act. 
 
 (a) See note to section 9.
 
 34 & 35 VICT. c. 113, ss. 2730. 387 
 
 27. "Where in any district any company is required or has proposed Section 27. 
 to provide a constant supply, such company may, at any time after 
 
 the expiration of one month after the publication in the London Com P. an y 
 gazette of a copy of the notice requiring or proposing such constant ^ * ssx; 
 \upply, unless a memorial or application has been presented or made l e u ^? 
 to the board of trade objecting to such constant supply or seeking an occupienTto 
 extension of time, and if any such memorial or application has been p rov i ( | e 
 presented or made, then at such time after the determination of the prescribed 
 board of trade in relation to such memorial or application as such fittings. 
 board shall approve and order, cause to be served on the owner or 
 occupier of any premises within such district a notice requiring 
 such owner or occupier to supply such premises with the prescribed 
 fittings. 
 
 28. Every owner or occupier of premises upon whom notice to that Owner or 
 effect has been served shall, within two months after the date of the occupier to 
 service of such notice, provide the prescribed fittings, and shall from provide 
 time to time keep the same in proper repair. prescribed 
 
 fittings. 
 
 29. Where in any district any company is required or has proposed In case of 
 to provide a constant supply, and default by 
 
 Any owner or occupier of premises upon whom notice to provide owner or 
 
 prescribed fittings has been served by such company makes default occupier, 
 
 in providing the prescribed fittings, such company, if they think fit, company 
 
 may provide such fittings ; or **! P r ? vide 
 
 Where in any such district the fittings of any person are out of or rep ?' r 
 
 order, and not as prescribed, such company may by notice in writing 2ir. SC " 
 require such person, within twenty -four hours after the date of the 
 service of such notice, to cause the same to be repaired, so as to pre- 
 vent any Avaste of water ; and if any person fail to comply with the 
 terms of such notice such company (if they think fit) may repair the 
 fittings of such person. 
 
 The expenses incurred by such company in providing such fittings 
 or in making such repairs shall be paid to them by the person 
 liable to pay the rate for the water siipplied or on whose credit the 
 water is supplied by means of such fittings, or by the owner of the 
 premises. 
 
 All such expenses may be recovered, with costs, from the owner, 
 and to the extent of any rent due by the occupier of the premises 
 from such occupier, by proceedings in a court of summary jurisdic- 
 tion (6), or by action in aay court having jurisdiction locally in the 
 matter, as if the same were , an ordinary simple contract debt; and 
 any sum and costs so recovered from an occupier may be deducted by 
 him from the rent payable by him to the owner, and shall be allowed 
 by the owner and every other person interested in the rent, as if the 
 same had been actually paid as rent ; but if in any case an occupier 
 fails to disclose the amount of rent due by him, or the name or 
 address of the owner, he shall be liable to pay the whole amount of 
 such expenses and costs : Provided, that as between any such owner 
 and occupier nothing herein contained shall be taken to affect any 
 contract made between them respecting the payment of the expenses ' 
 of any such works as aforesaid. 
 
 30. Where in any district any company is required or has proposed Power to 
 to provide a constant supply, the officers or agents of such company, enter pre- 
 
 mises for 
 
 (J) See definition of " court of summary jurisdiction," section 3. 
 2 C 2
 
 388 
 
 APPENDIX. THE METROPOLIS WATEE ACT, 1871. 
 
 inspection 
 and re- 
 pair of 
 
 fittings. 
 
 Settlement 
 of disputes 
 as to suffi- 
 ciency, &c., 
 of fittings. 
 
 Penalties 
 for non- 
 compliance 
 with the 
 provisions of 
 Act. 
 
 Section 30. or of the party requiring such supply, or any person appointed for 
 such purpose by the board of trade (a) may, at all reasonable times, 
 enter any premises within such district, in order to inspect the pre- 
 mises for the purposes of this Act, and examine the same with a view 
 to ascertain whether there are in or about the same the prescribed 
 fittings, or, where authorized under the provisions of this Act, to pro- 
 vide or repair the fittings ; and if any person hinder any such officer, 
 agent, or person from entering and making such inspection or exami- 
 nation, or providing or repairing such fittings, every 'person so 
 offending shall for every such offence be liable to a penalty not 
 exceeding five pounds. 
 
 31. In the event of any dispute as to whether the fittings of any 
 person are as prescribed, such dispute shall be settled by the court of 
 summary jurisdiction, on the application of either party, which court 
 may make such order as to the amount of the costs of the proceedings 
 before such court as seems just, and the decision of such court shall 
 be final and binding on all parties. 
 
 32. Where in any district any company is required or has proposed 
 to provide a constant supply, 
 
 If any person supplied with water by such company wilfully or 
 negligently causes or suffers any fittings to be out of repair, or to be 
 so used or contrived as that the water supplied to him by such com- 
 pany is or is likely to be wasted, misused, unduly consumed, or con- 
 taminated, or so as to occasion or allow the return of foul air or other 
 noisome or impure matter into any pipe belonging to or connected 
 with the pipes of such company, he shall for every such offence be 
 liable to a penalty not exceeding five pounds ; or 
 
 If any person supplied with water by such company wrongfully 
 does or causes or permits to be done anything in contravention of 
 any of the provisions of the special Act or this Act, or wrongfully 
 fails to do anything which, under any of those provisions, ought to be 
 done for the prevention of the waste, misuse, undue consumption, or 
 contamination of the water of such company, they may (without pre- 
 judice to any remedy against him in respect thereof) cut off any of 
 the pipes by or through which water is supplied by them to him or 
 for his use, and may cease to supply him with water, so long as the 
 cause of injury remains or is not remedied ; and in every case of so 
 cutting off or ceasing to supply, the company shall within twenty- 
 four hours thereafter give to the nuisance authority, as defined by the 
 Sanitary Act, 1866 (1>), notice thereof. 
 
 33. The absence in respect of any premises of the prescribed fittings 
 after the prescribed time shall be a nuisance, within section 11 and 
 sections 12-19 (inclusive) of the Nuisances Eemoval Act for England, 
 1855, and within all provisions of the same or any other Act apply- 
 ing, amending, or otherwise relating to those sections ; and that 
 nuisance, if in any case proved to exist, shall be presumed to be such 
 as to render the premises unfit for human habitation within section 
 13 (c) of the Nuisances Removal Act for England, 1855, unless and 
 
 I 
 
 Ahsence of 
 proper water 
 fittings 
 in premises 
 to be a 
 uuisame. 
 
 (a) See note to section 9. 
 (6) See note to section 14. 
 
 (c)The provision here mentioned empower:) the justices to prohibit the 
 nsing of the house or building for human habitation until it is rendered fit 
 
 for that purpose.
 
 34 & 35 VICT. c. 113, ss. 3335. 389 
 
 until the contrary is shown to the satisfaction of the justices acting Section 33. 
 under that section. 
 
 34. Section 32 of the Metropolitan Fire Brigade Act, 1865, shall Provision 
 operate, subject and according to the provisions following (that is to respecting 
 say) ; fire-plugs 
 
 (1.) In that section and in this provision the term "fire-plug" and (&) 
 the term " plug" shall include hydrant and all other appa- 
 ratus necessary or proper in connexion with the Company's 
 pipes for supply of water in case of fire : 
 
 (2.) Where a company give a constant supply in any part of their 
 water limits they may, if they think fit, give notice thereof 
 to the metropolitan board of works : 
 
 (3.) If the metropolitan board of works do not within two months 
 after receipt of any such notice specify, as regards that part 
 of the company's water limits, what plugs for supply of 
 water in case of fire, at what places, of what dimensions, and 
 in what form they require the company to provide, then, at 
 any time after the expiration of that time, the company may, 
 if they think fit, provide in and for that part of their water 
 limits such plugs for supply of water in case of fire, at such 
 places, of such dimensions, and in such form as to the 
 company seem necessary or proper : 
 
 (4.) Thereupon, as regards that part of the company's water 
 limits, the company shall be deemed to have fully discharged 
 all obligations imposed on them by the said section 32 : 
 
 (5.) All plugs provided by a company in pursuance of this provision 
 may, for the purposes of the fire brigade, be used as if they 
 had been provided on the requisition of the metropolitan 
 board of works under the said section 32 : 
 
 (6.) The providing of plugs by a company under this provision 
 shall be at the expense of the metropolitan board of works, 
 and the cost, charges, and expenses of the company in or 
 about the providing of the same shall be paid to the company 
 by the metropolitan board of works, on demand, out of 
 their general rate, and in default may be sued for and 
 recovered, with costs, by the company in any court of com- 
 petent jurisdiction for the recovery of any ordinary simple 
 contract debt of the like amount. 
 
 Quality of Water. 
 
 35. The board of trade (e) may at any time, if and when they Power to 
 think fit, appoint a competent person to inquire into and report on board to 
 the quality of the water furnished by any company, notwithstanding appoint per- 
 that no complaint has been made and signed by twenty inhabitant f ons ^ 
 householders, as prescribed by section 9 of the Metropolis Water inc L uire and 
 Act, 1852 ; and sections 10 and 11 and 13, and the other provisions re P as to 
 of that Act, shall apply in every respect as if such person were 
 appointed under section 9 of that Act, and as if any matter reported 
 to the board of trade (e) as requiring alteration on the part of a 
 company had been the subject of a complaint by such householders as 
 aforesaid. 
 
 (d) The 32nd section here referred to, transfers to the metropolitan 
 board the powers of local bodies, &c., as respects fire-plugs. 
 
 (e) See note to section 9.
 
 390 
 
 APPENDIX. THE METROPOLIS WATER ACT, 1871. 
 
 Appointment 
 and duties 
 of water 
 examiner. 
 
 Section 36. 36. There shall be a water examiner, being a competent and impar- 
 tial person, from time to time appointed by and removable by the 
 board of trade (a) who shall from time to time, in such manner as the 
 board of trade (a) direct, examine the water supplied by any com- 
 pany, in order to ascertain whether or not the company have complied 
 with the requirements of section 4 (6) of the Metropolis Water Act, 
 1852, and shall from time to time report the i results of his several 
 examinations to the board of trade (a); and the board of trade (a) shall 
 send a copy of every such report to the company to which the same 
 relates, and the company may, if they think fit, on each occasion of 
 such examination, be represented thereat by some officer, but such 
 officer shall not interfere in the examination. 
 
 There shall be paid to such water examiner such remuneration by 
 the companies and in such proportions as such board appoints. 
 
 Accounts. 
 
 Accounts, &c. 
 
 Auditor of 
 accounts. 
 
 Ascertain- 
 ment of 
 capital of 
 companies. 
 
 37. Every company shall, on or before the thirty-first day of July 
 in each year, fill up and forward to the board of trade, and to 
 the town clerk of the city of London, and to the metropolitan board 
 of works, and to the vestry clerk of each parish within which water 
 is supplied by each company respectively not within the city of 
 London, a statement of account, made up to the end of their finan- 
 cial year then last passed, in such form and containing such par- 
 ticulars as may from time to time be prescribed by the board of 
 trade (a). 
 
 Each company shall keep copies of such statement at their office for 
 one year after the date thereof, and sell the same to any applicant at 
 a price not exceeding one shilling for each such copy. 
 
 In case any company make default in complying with any of the 
 provisions of this section, they shall be liable to a penalty not 
 exceeding ten pounds for each day during which such default con- 
 tinues. 
 
 38. There shall be an auditor of the accounts of the companies, 
 being a competent and impartial person, from time to time appointed 
 by and removable by the board of trade (a). 
 
 There shall be paid to such auditor such remuneration by the 
 companies and in such proportions as such board (a) appoints. 
 
 39. The auditor shall, with all practicable speed after the passing 
 of this Act, investigate the accounts of the companies, and ascertain 
 and certify the amounts of their capitals, distinguishing share from loan 
 capital, and shall ascertain and certify the capital of each company, 
 and shall from time to time, as new capital shall be expended, in like 
 manner ascertain and certify the amount of such new capital that has 
 been bond fide expended 'for the purposes of the undertaking. Not- 
 withstanding anything in this Act, the auditor shall not inve: 
 
 (a) See note to section 9. 
 
 (b) Section 4 enacts that " every company shall effectually filter all water 
 supplied by them within the metropolis for domestic use, before the same 
 shall pass into the pipes for distribution, excepting any water which may 
 be pumped from wells into a covered reservoir or aqueduct, without exposure 
 to the atmosphere and which shall not be afterwards mixed with unaltered 
 water."
 
 84 & 85 VICT. c. 118, ss. 3944. 391 
 
 the accounts of any company antecedent to the date mentioned in Section 39. 
 that behalf in relation to such company in the schedule C. to this 
 Act annexed. 
 
 40. The auditor shall once in every half year audit the accounts of Periodical 
 the companies. audit of 
 
 If he finds the accounts correct he shall certify the same, but if in accounts, 
 any instance he finds the accounts of any company incorrect in prin- 
 ciple or in detail, he shall require such company to correct such ac- 
 counts in such manner as he thinks right, and no future dividend shall 
 in any case be declared by any company until their accounts are 
 certified by the auditor : Provided that the suspension of a dividend 
 under this section shall not operate until after the expiration of nine 
 months from the date of the audit. 
 
 41. Each company shall, during as well as subsequent to the close Facilities for 
 of that half year to which the accounts relate, give to the auditor, his auditor, 
 clerks and assistants, access to the books and documents of such com- 
 pany, and shall, when required, furnish to him and them all vouchers 
 
 and information requisite for the purposes of the audit, and shall afford 
 to him and them all facilities for the proper execution of his and their 
 duty; and any company making default in complying with any of 
 the provisions of this section shall, for every such default, be liable 
 to a penalty not exceeding ten pounds. 
 
 42. If any company think themselves aggrieved by any act or de- Arbitration 
 termination of the auditor, the matter in difference shall be referred between 
 
 to the determination of an arbitrator agreed on between such company auditor and 
 and the auditor, or, in default of agreement, appointed, on the appli- company, 
 cation of either party, by the Lord Chief Justice of the Court of 
 Common Pleas ; and the reference shall be subject and according to 
 the provisions of the Common Law Procedure Act, 1854; and the de- 
 cision of the arbitrator shall be final and conclusive ; and, subject 
 to this provision, such company shall observe and abide by the di- 
 rections and determinations of the auditor. 
 
 Arbitration. 
 
 43. Where any dispute arises between any persons whatsoever in Disputes 
 relation to the execution of this Act, or to any act, matter, or thing may be 
 incident to or consequent upon the execution of the same, and settled by 
 where the method of determining any such question in dispute is arbitration, 
 not expressly provided for, such question may, if the parties so 
 
 desire, be settled by arbitration in manner prescribed by the Com- 
 panies Clauses Consolidation Act, 1845 (c), with respect to the settle- 
 ment of disputes by arbitration. 
 
 Penalties. 
 
 44. Every penalty incurred by any company by reason of non- Recovery and 
 
 npliance with any of the provisions of this Act shall go and belong application 
 to the metropolitan authority within the jurisdiction of which the of penaltie< 
 same has been incurred, and may be sued for and recovered by such 
 
 (c) Sections 127134.
 
 392 
 Section 44. 
 
 proceedings 
 for penalties 1 , 
 &c. 
 
 APPENEIX. THE METROPOLIS WATER ACT, 1871. 
 
 metropolitan authority ia any court of competent jurisdiction for the 
 recovery of any ordinary simple contract debt of the like amount, 
 and shall be paid and applied as such metropolitan authority shall 
 from time to time direct (). 
 
 Every such penalty shall be borne and paid (to the satisfaction of 
 the auditor appointed as in this Act provided) exclusively by and out 
 of the divisible profits of the company by whom the penalty is in- 
 curred, and by way of reduction of dividend. 
 
 45. Except as is by the next preceding section expressly provided, 
 all penalties under this Act may be sued for and recovered in the 
 court of summary jurisdiction (6). 
 
 Miscellaneous. 
 
 Form and 
 service, &c., 
 of instru- 
 ments. 
 
 Act not to 
 apply to cer- 
 tain property 
 and accounts 
 of the New 
 River Com- 
 pany. 
 
 46. Any instrument (including a notice, order resolution, declara- 
 tion, requisition, consent, approval, disapproval, or other document) 
 made, given, delivered, or served under this Act, or any regulation 
 thereunder, may be either in print or in writing (including litho- 
 graph), or partly in print and partly in writing (including lithograph), 
 and, if the instrument of a company shall be sufficiently authen- 
 ticated by the name of their secretary being affixed thereto in print 
 or in writing, or by a stamp on behalf of the company; and it shall 
 be sufficient in all cases where any such instrument is required to be 
 given to or served on the owner or occupier of any premises to address 
 it to such owner or occupier by his description as owner or occupier 
 (as the case may be) of the premises (naming them) in respect of 
 which it is given or served, without further name or description ; and 
 any such instrument may be addressed to owners or occupiers of any 
 number of contiguous or neighbouring premises collectively, and 
 when so addressed may be served on more owners and occupiers than 
 one (so that separate copies be served on the respective owners and 
 occupiers of the several premises concerned); and any such instru- 
 ment may be served on any owner, occupier, or other person either 
 personally or by sending the same through the post in a letter ad- 
 dressed to him by name at his last known place of abode or business, 
 or by delivering the same to some 'inmate at his last known or usual 
 place of abode or business, or in case of an occupier to any inmate of 
 the premises in respect of which it is given or served, or if the 
 premises are unoccupied, and the place of abode of the person 
 to be served is, after diligent inquiry, unknown, it shall be suffi- 
 cient to affix it, or a copy thereof, on some conspicuous part of 
 such premises. 
 
 47. Nothing in this Act shall be deemed to apply to any of the 
 landed estate, houses, or property of the new River Company not 
 directly used for or connected with their water supply, or to authorize 
 or empower the auditor to investigate or audit any accounts of 
 the New Eiver Company other than those relating to their water 
 supply. 
 
 (a) As to application of penalties, see 25 & 26 Viet. c. 102, s. 105, and 
 npte (e) to that section, p. 221, ante. 
 
 (b) See interpretation of " court of summary jurisdiction," section 3.
 
 34 & 35 VICT. c. 113, ss. 4851. 393 
 
 48. In case any consumer leave the premises where water was sup- Section 48. 
 plied to him without paying to the company the rate due from him, - 
 the company shall not require from the next tenant of the premises Incoming 
 payment of the arrears so left unpaid, unless the incoming tenant tenant n t t 
 agreed with the defaulting consumer to pay the arrears, but the com- PjJ^ arre . 
 pany shall, notwithstanding any such arrears, supply water to the ? ou F m ? 
 incoming tenant, on being required by him so to do. bTexpress ^ 
 
 49. Sections 17 and 18 of the Metropolis Water Act, 1852, shall a S reement - 
 be read as if instead of the words " district mains" and "district main" Amendment 
 in the said sections the words " pipes " and " pipe " w r ere substituted ^ seC j^ s 
 respectively ; and every company shall, upon the map, and upon every 
 alteration of the same made in conformity with the provisions of the 
 
 said section 17, as amended by this section, cause to be marked every 
 screw-cock or apparatus by means of which water is permitted to How """' 
 or is prevented from flowing from the main into any pipe within the 
 water limits of such company. 
 
 50. Except as in this Act provided, nothing in this Act shall take Saving for 
 away, abridge, or prejudicially affect any right or power which a ordinary 
 company would have had under their special Act or the Metropolis powers. 
 Water Act, 1852, or under any charter or otherwise, if this Act had 
 
 not been passed. 
 
 Costs. 
 
 51. All costs, charges, and expenses of or incidental to the preparing, Expenses 
 applying for, and passing of this Act, and of promoting the Bill for of Act. 
 the like purposes introduced previous to the same, shall be paid by 
 
 the mayor, aldermen, and commons of the city of London, and the 
 metropolitan board of works, in such proportions and as and to whom 
 the board of trade (c) shall direct. 
 
 (c) See note to section 9.
 
 394 
 
 APPENDIX THE METBOPOLIS WATER ACT, 1871. 
 
 Sched. A. 
 
 SCHEDULE A. 
 
 Description of Metropolitan Authority. 
 
 The City of London and the liberties 
 thereof. 
 
 The metropolis, except the City of 
 London and the liberties thereof. 
 
 Any place within the limits 'of this 
 Act not included in the above de- 
 scriptions, and under the jurisdic- 
 tion of commissioners, trustees, or 
 other persons intrusted by. any 
 local Act with powers of improv- 
 ing, cleansing, or paving such 
 place. 
 
 Any place within the limits of this 
 Act not included in the above de- 
 scriptions, and within the juris- 
 diction of local boards constituted 
 in pursuance of the Public Health 
 Act, 1848, and the Local Govern- 
 ment Act, 1858, or one of such 
 Acts. 
 
 Any place or parish within the 
 limits of this Act not within the 
 above descriptions, and in which a 
 rate is levied for the maintenance 
 of the poor. 
 
 The mayor, aldermen, and com- 
 mons of the city of London. 
 
 The metropolitan board of works. 
 
 The commissioners, trustees, or other 
 persons intrusted by the local Act 
 with powers of improving, cleans- 
 ing, or paving. 
 
 The local board. 
 
 The vestry, select vestry, or other 
 body of persons acting by virtue 
 of any Act of Parliament, pre- 
 scription, custom, or otherwise, as 
 or instead of a vestry or select 
 vestry. 
 
 SCHEDULE B. 
 
 Parts of the Metropolis Water Act, 1852, which are referred to in 
 section 5 of the foregoing Act, viz. : 
 
 Section 15, except so much thereof as prescribes the height at which the 
 Kent Waterworks Company and the East London Waterworks Company 
 are respectively required to give their supply, sections 19 to 22, bothin 
 sive, and section 27.
 
 34 & 35 VICT. c. 113. SCHED. 
 
 395 
 
 SCHEDULE C. 
 
 Sched. C. 
 
 Setting forth in relation to each company the date antecedent to which the 
 accounts of such company shall not be investigated. 
 
 The Governor and Company of the New Kiver 
 brought from Chadwell and Amwell to Lon- 
 don, commonly called the New Kiver Company. 
 
 The company of proprietors of the East London 
 Waterworks. 
 
 The Southwark and Vauxhall Water Company - 
 The West Middlesex Waterworks Company 
 The Lambeth Waterworks Company 
 
 The Governor and Company of Chelsea Water- 
 works. 
 
 The Grand Junction Waterworks Company 
 
 The Company of Proprietors of the Kent Water- 
 works. 
 
 16th day of July 1866. 
 
 15th day of July 1867. 
 
 12th day of April 1867. 
 13th day of May 1869. 
 13th day of May 1869. 
 3rd day of June 1864. 
 
 29th day of May 1868. 
 30th day of June 1864.
 
 AN ACT 
 
 FOE REGULATING MEASURES USED IN SALES OF 
 GAS. 
 
 22 & 23 VICT. CAP. 66. 
 
 13TH AUGUST, 1859. 
 
 Interpretation 
 of words 
 " meter " and 
 " person." 
 Fixing unit 
 of measure. 
 
 Models of 
 measures to 
 be made and 
 verified 
 under the 
 direction of 
 the treasury. 
 
 Models to be 
 deposited. 
 
 WHEREAS it is expedient that the measurement used in sales of gas 
 for lighting, heating, and other purposes, should be hereafter regu- 
 lated by one uniform standard, and that all meters should be 
 stamped as hereinafter provided : Be it therefore enacted by the 
 Queen's most excellent Majesty, by and with the advice and con- 
 sent of the lords spiritual and temporal, and commons, in this 
 present parliament assembled, and by the authority of the same, as 
 follows : 
 
 1. In construing this Act the word " meter" shall mean gas meter, 
 and shall include every kind of machine used for measuring gas ; and 
 the word " person " shall include corporations. 
 
 2. After the passing of this Act, the only legal standard or unit of 
 measure for the sale of gas by meter shall be the cubic foot contain- 
 ing 62-321 pounds avoirdupois weight of distilled or rained water, 
 weighed in air at the temperature of sixty-two degrees of Fahren- 
 heit's thermometer, the barometer being at thirty inches, except 
 as relates to contracts made before the passing of this Act by which 
 a different unit of measure is adopted, which contracts may not be 
 renewed. 
 
 3. Within three months next after the passing of this Act models 
 of gasholders measuring the said cubic foot, and such multiples and 
 decimal parts of the said cubic foot as the lord high treasurer or the 
 commissioners of Her Majesty's treasury of the United Kingdom for 
 the time being shall judge expedient, and from time to time after the 
 expiration of the aforesaid period of three months, models of such 
 further multiples and decimal parts of the said cubic foot as the lord 
 high treasurer or the said commissioners shall from time to time 
 think expedient, shall be carefully made with proper balances, indices, 
 and apparatus, for testing the measurement and registration of meters, 
 and such models shall be verified under the direction of the lord high 
 treasurer or the said commissioners, and when so made and verified 
 shall be deposited in the office of the comptroller general of the 
 Exchequer at Westminster ; and copies of the models so from time 
 to time deposited, verified as aforesaid, shall be sent to the lord mayor 
 of London, and the chief magistrate of Edinburgh and Dublin, and
 
 APPENDIX. THE SALES OF GAS ACT, 1859. 397 
 
 to the chief magistrate of such other cities and boroughs, and to such Section 3. 
 
 other places and persons in Her Majesty's dominions, as the said lord 
 
 high treasurer or the aforesaid commissioners may from time to time 
 
 direct ; and the said lord high treasurer or the said commissioners 
 
 shall appoint a competent person or persons to design and make, 
 
 subject to the approval and by direction of such lord high treasurer 
 
 or the said commissioners, stamps of a uniform design to be used for 
 
 stamping meters throughout the United Kingdom, with only such 
 
 variations of numbers or marks thereon as shall be sufficient to dis- 
 
 tinguish each inspector's district. 
 
 4. In England at some general or quarter sessions of the peace Copies of the 
 within nine months next after the passing of this Act, the justices of models of 
 the peace of every county, riding, or division, or county of a city or gasholder to 
 county of a town, in general or quarter sessions assembled (), and in be provided 
 such boroughs as may adopt this Act, as hereinafter provided, the town by order of 
 council at the meeting next after such adoption (b), and in Scotland general or 
 the justices of the peace at a meeting to be called for the purpose by ( l ua y* ; er ^ 
 the sheriff of each county, and the magistrates of each royal burgh ^ sessions m 
 within nine months after the passing of this Act, and so from time , n ^ an , .' an< 
 
 " 
 
 to time at any subsequent general or quarter sessions or meeting so 
 
 called,, shall determine the number of copies of the said models of g co ti an( i 
 
 gasholders, with proper balances, indices, and apparatus as aforesaid, 
 
 which they shall deem requisite for the testing of meters within their 
 
 respective jurisdictions, and shall direct that such copies, verified and 
 
 stamped at the Exchequer, together with such number of stamps for 
 
 stamping meters as they shall deem requisite, shall be provided for 
 
 the use of the same, and shall fix the places at which such copies and 
 
 stamps shall be deposited, and shall appoint a sufficient number of Appointment 
 
 inspectors of meters for the safe custody of such copies and stamps, of inspectors. 
 
 and for the discharge of the other duties hereinafter mentioned, and 
 
 shall allot to each inspector a separate district, and from time to time, 
 
 when necessary; shall subdivide and re-allot such districts, and all 
 
 such districts shall be distinguished by the number or mark applied 
 
 thereto on such stamps, and they shall direct what reasonable remu- 
 
 neration shall be paid to such inspectors for the discharge of such 
 
 duties as they shall have been ordered by such justices or town 
 
 council or magistrates as aforesaid to perform, and they are hereby 
 
 empowered to suspend or dismiss any inspectors so appointed, or to 
 
 appoint additional inspectors as occasion may require : Provided 
 
 always, that nothing herein contained shall extend to compel any 
 
 town council in England or royal burgh of Scotland, except such as 
 
 are county towns, wherein gas is used, to provide copies of the said 
 
 models and stamps, or to appoint an inspector or inspectors for the 
 
 performance of the duties prescribed by this Act ; and that it shall 
 
 be lawful for the justices of the peace in any county, and for the 
 
 magistrates of any royal burgh within such county, where they shall 
 
 agree, to unite the whole or a portion of the county with such royal 
 
 burgh, and to appoint one inspector therefor, and to provide, at their 
 
 joint expense, copies of the said models and stamps to be used within 
 
 (a) The powers given by this Act as amended by 23 & 24 Viet. c. 146, 
 are, as to the metropolis, transferred to the Metropolitan Board of Works 
 by 24 & 25 Viet. c. 79, s. I, post. 
 
 (b) " Where an act is to be done by the order of the legislature at a par- 
 ticular sessions, and at that sessions alone, no subsequent sessions has power 
 to do it, and there is no authority to adjourn ;" L. Campbell in Boivman v. 
 Blyth, 26 L. J. M. C. 57.
 
 398 
 Section 4. 
 
 Officers of 
 the Exche- 
 quer at 
 Westminster 
 to stamp 
 copies of 
 models. 
 
 Expense of 
 providing 
 copies of 
 models and 
 remuneration 
 of inspectors 
 defrayed out 
 of county 
 rates, &c. 
 
 No maker or 
 seller of 
 meter, or 
 person in 
 the service 
 of any gas 
 company or 
 manufacturer 
 
 APPENDIX. THE SALES OF GAS ACT, 1859. 
 
 such united districts : Provided always, that in every borough in 
 England where there is a town council, not being a manufacturer or 
 seller of gas, it shall be lawful for such town council, -within six 
 months after the passing of this Act, after one month's notice duly 
 given in the manner in which notices are usually published by such 
 town council, to adopt this Act, if the majority of the members pre- 
 sent at any council meeting at which the subject is appointed to be 
 considered shall so determine ; and if no resolution to that effect 
 shall be passed within such time, then the justices aforesaid, at their 
 next practicable general or quarter sessions after the expiration of 
 such six months, shall in reference to any borough not so adopting 
 this Act carry this Act into effect ; and in all boroughs as aforesaid 
 in which the town council is a manufacturer or seller of gas, the jus- 
 tices of such boroughs shall have such and the like powers of adopting 
 and carrying into effect the provisions of this Act within such boroughs 
 as by this Act are given to town councils not being manufacturers or 
 sellers of gas. 
 
 6. (a) The copies of the said models so directed by the said justices, 
 magistrates, or town council to be verified and stamped at the exche- 
 quer shall be compared with the models deposited with the comp- 
 troller general of the exchequer as aforesaid, and if correct shall be 
 verified and stamped by the comptroller general, or some other officer 
 of the exchequer at Westminster, duly authorized, upon payment of 
 such fees as are at present payable upon verification and stamping a 
 set of measures under the Acts relating to weights and measures, and 
 no stamp duty shall be payable thereon. 
 
 7. The expense of providing and transmitting such copies oi models 
 of gasholders, with proper balances, indices, and apparatus as afore- 
 said, and of the stamp to be used by the inspectors, and the remune- 
 ration to the inspectors, shall be paid in England out of the stock 
 raised in such counties, ridings, divisions, counties of cities or counties 
 of towns, and in boroughs out of any funds applicable to lighting 
 purposes, and if no such funds then out of the borough fund; and in 
 Scotland such expenses in the respective shires and stewartries, and 
 cities or royal burghs, shall be assessed by the commissioners of 
 supply upon such shires and stewartries, and upon cities or royal 
 burghs by the magistrates thereof, according to the real rent of lands 
 and heritages as appearing on the valuation roll of such shires, 
 stewartries, and burghs respectively, and in such manner and by such 
 persons as the said commissioners of supply and magistrates respec- 
 tively may determine and appoint, and such assessments shall be 
 collected under the same powers of levying and recovery as are com- 
 petent for levying and recovering the land tax: Provided always, that 
 in the city of London the expenses and remuneration aforesaid shall 
 be paid out of the consolidated rate raised by the commissioners of 
 sewers of the city of London, and in Ireland such expenses in the 
 respective boroughs and towns shall be provided for and paid respec- 
 tively out of any funds applicable to lighting purposes, and if no such 
 fund then out of any other borough or town fund. 
 
 8. No maker, repairer, or seller of meters or of gas, or person em- 
 ployed in the making, repairing, or selling of meters or gas, shall be 
 an inspector of meters under the provisions of this Act ; and every 
 inspector shall forthwith enter into a bond or recognizance to the 
 Queen, to be sued for in any courts of record, in such sum, and either 
 
 (a) Section 5 relates to Ireland only.
 
 22 & 23 VICT. c. 66, ss. 812. 
 
 with or without a surety or sureties, as the justices, magistrates, town Section 8. 
 council, or other persons by whom he may have been appointed shall 
 fix, for the due and punctual performance of the duties of his office, ot Deters 01 
 and for the due and punctual payment at such time or times as he ? as ' , an 
 may he directed by the justices, magistrates, town council, or other ^?cbo'tQ 
 persons by whom he may have been appointed, of all fees received by ent g r }nto 
 him under the authority of this Act, and for the safety of the said recognizances 
 copies of models and stamps committed to his charge, and for their 
 due restoration and surrender to such person or persons as may be 
 appointed to receive them by the justices, magistrates, town council, 
 or other persons aforesaid immediately on his removal or other 
 cessation from office. 
 
 9. In England the justices in general or quarter sessions assembled, Inspectors to 
 or the town council in boroughs adopting this Act at any meeting attend at 
 thereof, and in Scotland the justices or magistrates at a meeting towns where 
 called for the purpose, and in Ireland the town council or town gas is con- 
 commissioners of any such borough or town as aforesaid, shall deter- sumed, when 
 mine and appoint on what days, at what hours, and what places required by 
 each and every inspector shall attend with the said copies of models justices, 
 and stamps in his custody at each of the several towns and districts 
 
 within their respective jurisdictions as they shall deem expedient ; 
 and every such inspector so attending shall examine, test, and, if 
 found correct, stamp all such meters as shall be required under the 
 provisions of this Act to be so examined, tested, and stamped, and 
 shall deface or destroy the stamp on any meter tested and found 
 incorrect under the provisions of this Act, and he shall keep a book 
 wherein he shall enter minutes of all such examinations and testings, 
 with the numbers of identity and capacity marked by the manu- 
 facturer on such meters, and give, if required, a certificate under his 
 hand of every such stamping and defacing ; and every inspector shall Inspectors to 
 once in every quarter of a year account to the treasurer of the county, pay fees to 
 riding, division, county of a city or county of a town, or borough or treasurer of 
 town, or to such other person as shall be duly authorized by those by county, &c. 
 whom he may have been appointed, for all fees received by him 
 under this Act, and shall pay the amount thereof to such treasurer 
 as aforesaid, who shall account for the same. 
 
 10. No meter duly stamped under the authority of this Act shall Meters when 
 be liable to be re-stamped, although the same be used in any other stamped need 
 place than that at which the same was originally stamped, but shall not be re- 
 be considered as a legal meter throughout the United Kingdom, stamped, 
 unless found to be incorrect within the meaning of this Act. 
 
 11. In case any inspector of meters shall stamp any meter without Penalty on 
 duly testing and finding the same to be correct, or shall refuse, or inspector for 
 for three days after being so required under the provisions of this misconduct. 
 Act neglect, without lawful excuse, to test any meter or to stamp any 
 
 meter found to be correct on being so tested, or shall be guilty of a 
 breach of any duty imposed upon him by this Act, or snail other- 
 wise misconduct himself in the execution of his office, every such 
 offender shall upon conviction forfeit a sum not exceeding 5 for 
 every such offence. 
 
 12. No meter shall be stamped which shall be found by the in- Meters not 
 spector to register, or be capable of being made by any contrivance to be stamped 
 for that purpose, or by increase or by decrease of the water in such if more than 
 meter, or by any other means practically prevented in good meters, two per cent, 
 to register, quantities varying from the true standard measure of gas incorrect in
 
 400 
 
 APPENDIX. THE SALES OF GAS ACT, 1859. 
 
 Section 12. more than two per centum in favour of the seller or three per centum 
 in favour of the consumer ; and every meter, whether stamped or 
 unstamped, which shall be found by such inspector to register or be 
 so capable of being made to register quantities varying beyond the 
 limits aforesaid, shall be deemed incorrect within the meaning of 
 this Act ; and every meter which shall be found by such inspector to 
 measure and register quantities accurately, or not varying beyond 
 the limits aforesaid, and shall be found incapable by any such means 
 as aforesaid of being made to register quantities varying beyond the 
 limits aforesaid, shall be considered to be correct, and be stamped as 
 aforesaid in such manner and on .such part of the meter as shall be 
 specially directed by the authority appointing him, or in default of 
 such direction as shall in his opinion best prevent fraud : Provided 
 always, that every meter having a measuring capacity at one revolu- 
 tion or complete action of the meter of not less than five cubic feet, 
 and having permanently marked upon it in some conspicuous place 
 the words " without float," shall be stamped by the inspectors, if 
 found correct, within the meaning of this Act, in all other respects 
 except that it is capable of being made by abstraction of water to 
 register incorrectly against the seller of gas, but it shall not be lawful 
 after the time aforesaid to use in the sale of gas any such meter, 
 when so stamped by the inspector, except by written agreement 
 between the buyer and seller specifying that this description of meter 
 shall be used. 
 
 13. The following rules shall be observed by the inspector in test- 
 ing meters under the provisions of this Act : 
 
 Firstly, the meters shall be tested for soundness or leakage only, 
 and not for percentage of error, when fixed on a horizontal base, and 
 with gas under a pressure equal to a column of water three inches 
 high, with a light or lights consuming not more than one-twentieth 
 part of its measuring capacity per hour marked thereon, nor less than 
 one-half of a cubic foot per hour, for all meters of a measuring 
 capacity not exceeding one hundred cubic feet per hour, and not 
 more than one-fortieth part of its said measuring capacity per hour 
 for all meters of any greater measuring capacity per hour than one 
 hundred cubic feet ; and all meters found to work under such test 
 shall be deemed sound meters, and any meter found not to work 
 under such test shall not be stamped : 
 
 The meter to be tested for per-centage of error shall be fixed on a 
 horizontal base, and shall be tested at a pressure equal to a column 
 of water five-tenths of an inch high, and passing the quantity of gas 
 or atmospheric air per hour which shall be marked thereon as its 
 measuring capacity per hour, and the water used in such testing, and 
 the air of the room in which such testing shall be made, shall be as 
 
 favour of the 
 buyer, or 
 three per 
 cent, in 
 favour of the 
 seller, and to 
 be stamped if 
 erroneous to 
 no greater 
 extent. 
 
 Certain 
 meters incor- 
 rect against 
 the sellers of 
 gas may be 
 used by agree- 
 ment. 
 
 Rules for 
 
 testing 
 
 meters. 
 
 through the meter. 
 
 Penalty for 14. If any persons shall make, except under the authority of this 
 
 counterfeiting Act, or forge or counterfeit, or cause or procure to be made, except as 
 stamps.^ aforesaid, or forged or counterfeited, or knowingly act or assist in the 
 
 making, except as aforesaid, or forging or counterfeiting, any .stamp 
 or mark which may be hereafter used for the stamping or marking of 
 any meter under this Act, every person so offending shall for every 
 such offence forfeit on conviction a sum not exceeding .50 or less 
 than 10 ; and if any person shall knowingly sell, utter, or dispose 
 of, let, lend, or expose to sale, any meter with such forged stamp 
 or mark thereon, every person so offending shall for every such 
 offence forfeit on conviction a sum not exceeding 10 or less than
 
 22 & 23 VICT. o. 66, SB. 14 18. 401 
 
 40s., and all meters with such forged or counterfeit stamps shall be Section 14. 
 forfeited and destroyed. 
 
 15. Any person who shall knowingly repair or alter, or knowingly Penalty for 
 cause to be repaired or altered, or knowingly tamper with, or do any obstructing 
 other act in relation to any stamped meter so as to cause such meter inspector, 
 to register unjustly or fraudulently, or who shall prevent or refuse 
 
 to allow lawful access to any meter in his possession or control, or 
 the supply of water thereto as hereinafter provided, or shall obstruct 
 or hinder any examination or testing authorized by this Act of any 
 such meter, shall on conviction forfeit a sum not exceeding 5, pay 
 the fees for removing and testing, and the expense of purchasing and 
 fixing a new meter ; provided that the payment of any such penalty 
 as aforesaid shall not exempt the person paying from liability to 
 indictment or other proceeding at law to which he would otherwise 
 be liable, or deprive any person of the right to recover damages 
 against such person for any loss or injury sustained by such Act 
 or default. 
 
 16. Every consumer of gas may purchase and use for the measure- Consumers 
 ment of the gas supplied to him any meter duly stamped under the may use any 
 authority of this Act, provided that the gas to be consumed per hour stamped 
 shall not exceed the quantity per hour the meter is intended to measure, meter. 
 
 so marked on the outside thereof as aforesaid. 
 
 17. After the expiration of ten years from the passing of this Act, After ten 
 all meters whatsoever not previously stamped which shall be used years all 
 for buying and selling gas, or for the collecting of any rates or duties, meters to be 
 or for making any charges on the passage, transmission, or convey- stamped, 
 ance of gas, shall be examined and tested under the authority of this 
 
 Act, and stamped if found correct ; and every person Avho shall after 
 the times respectively fixed by this Act knowingly use any meter 
 which has not been so stamped as aforesaid shall on conviction forfeit 
 a sum not exceeding 5, and any contract, bargain, or sale made by 
 any such meter shall be void ; and every such meter so used shall, 
 on being discovered by any inspector so appointed as aforesaid, be 
 seized, and, on conviction of the person knowingly using or possessing 
 the same, shall be forfeited and destroyed. 
 
 18. No meter for the purpose of ascertaining the quantity of gas sold &$&* twelve 
 shall be fixed for use after the expiration of twelve months after the months no 
 passing of this Act, unless the same shall bave its measuring capacity m fr r o 
 
 at one revolution or complete action of the meter, and also the quantity . ' 
 per hour it is intended to measure in cubic feet, or multiples or decimal 
 parts of a cubic foot, denominated or marked on the outside thereof in 
 legible letters or figures, and shall be stamped by an inspector of meters 
 under the provisions of this Act ; and every person who after the mete ^ may 
 expiration of such twelve months shall fix for use any such meter ^ s t am p e d if 
 before it has been so stamped, shall be liable to a penalty of 5 for required, or 
 every such unstamped meter ; and all meters required to be tested stamped 
 and stamped, except as hereinafter mentioned, shall be delivered meters sub- 
 to the inspector at the place where his testing gasholder and apparatus stituted, at 
 may be kept ; and every purchaser and seller of gas by meter may, tbe expense of 
 at his own expense, at any time after the expiration of the said twelve the person 
 months, require any unstamped meter by which his gas is measured requiring it. 
 to be examined, tested, and, if found correct, stamped, or he may at 
 his own expense substitute a stamped meter in the place of any such 
 unstamped meter : Provided always, that such purchaser or seller of 
 2 D
 
 402 
 
 APPENDIX. THE SALE OF GAS ACT, 1859. 
 
 Section 18. gas shall, before removal of any such unstamped meter for the pur- 
 poses aforesaid give twenty-four hours' notice in writing of such 
 intended removal to the other party to the contract. 
 
 Fees for 19. The fees for examination, comparison, and testing, with or 
 
 testing and without stamping, meters, shall be 6d. for each meter delivering a 
 
 stamping cubic foot of gas in four or more revolutions or complete repetitions 
 
 meters. of the action of the meter, and Is. for each meter delivering a cubic 
 
 foot of gas by any less number of revolutions or complete actions, or 
 
 one revolution or complete action, and for each meter delivering 
 
 more than one cubic foot of gas by one revolution or complete 
 
 action the further sum of one shilling for every cubic foot of gas 
 
 delivered at one revolution or complete action beyond the first 
 
 cubic foot. 
 
 Power to 
 justices and 
 inspectors 
 to enter 
 houses, &c. 
 and inspect 
 gas measures 
 and meters. 
 
 Disputed 
 decision of 
 inspector to 
 be referred 
 to two 
 inspectors of 
 adjoining 
 districts, &c. 
 
 20. In England and in such boroughs and towns as aforesaid in 
 Ireland it shall be lawful for any inspector authorized in writing 
 under the hand of any justice of the peace in England or Ireland, or 
 of any sheriff, justice, or magistrate in Scotland, at the request and 
 expense of any buyer or seller of gas, who shall have given twenty- 
 four hours' notice in writing to the other party to the contract, at all 
 seasonable times to enter any house or shop, store, warehouse, still, 
 yard, or place whatsoever within his jurisdiction where any meter, 
 whether stamped or unstamped, shall be fixed or used, and to examine 
 and test the same, and if necessary for such purpose to remove such 
 meter, doing as little damage thereby as may be ; and if upon such 
 examination and testing it shall appear that any such meter is in- 
 correct within the meaning of this Act, or fraudulent, the same shall 
 not be refixed or used again unless and until altered and repaired so 
 as to measure and register correctly, and stamped ; and the fees on 
 such removal, examination, and testing of a meter, whether stamped 
 and replaced or not, shall be double the fees hereinbefore made 
 payable for testing and stamping, and shall be payable by the buyer 
 or seller of gas as the justice of the peace in England or Ireland, or 
 the sheriff, justice, or magistrate in Scotland, as the case may be, 
 shall determine, and shall be recoverable accordingly : Provided 
 always, that in case the head office of the person or company to whom 
 such notice is to be given shall be more than twenty mi'les distant 
 from the meter referred to in such notice, three days' notice in writing 
 shall be given instead of twenty four hours' notice as aforesaid ; and 
 provided also, that any person duly authorized by any company or 
 person selling gas by meter may supply water to any meter, so as to 
 keep the water at the correct level 
 
 21. In case of any dispute between the buyer and seller of gas 
 by meter, or between any owner of a meter and any inspector of 
 meters under this Act, respecting the correctness of any meter, the 
 inspector shall, if required by any such person dissatisfied with 
 his decision, give such party his reasons in writing for such decision, 
 and such party may require such meter to be examined and re-tested 
 by two inspectors of adjoining or neighbouring districts, to be named 
 by an 7 justice of the peace having jurisdiction in the district where 
 such meter shall have been tested ; and the unanimous decision of 
 such last-mentioned inspectors shall be final as to the correctness or 
 incorrectness of such meter, except in case of appeal to the general 
 or quarter sessions ; and in case such two inspectors shall not agree, 
 the decision of the inspector of the district to which such meter 
 belongs shall be considered final, except in case of appeal to the
 
 22 & 23 VICT. c. 66, ss. 2125. 403 
 
 general or quarter sessions, as hereinafter provided ; and the ex- Section 21. 
 penses of the proceedings to be taken tinder the powers hereby 
 
 granted shall be ascertained by the justice, who shall also determine 
 by and to whom the same shall be paid, and such expenses may be 
 recovered in any court of competent jurisdiction. 
 
 22. In England and in such boroughs and towns as aforesaid in Persons 
 Ireland all persons who may think themselves aggrieved by any aggrieved 
 act or decision of any inspector or inspectors of meters, or by any may appeal to 
 order, judgment, or determination of any justice of the peace, mayor, quarter 
 
 or chief magistrate, relating to any matter or thing in this Act sessions, 
 mentioned or contained, may appeal to the justices of the peace, 
 recorder, or other presiding officer at the then next practicable 
 general or quarter sessions to be held for the city, borough, or county 
 within which the alleged cause of appeal shall arise, first giving seven 
 days' notice in writing of such intention to appeal, and the grounds 
 and nature thereof, to the party against whom such complaint is 
 intended to be made, and forthwith after such notice entering into 
 a recognizance before some justice of the peace, mayor, or other chief 
 magistrate, with two sufficient sureties, conditioned to try such 
 appeal and abide the order and award of the said court thereon ; 
 and the said justices, recorder, or other presiding officer shall either 
 hear and determine the said complaints at such general or quarter 
 sessions, or, if they think proper, shall adjourn the hearing thereof 
 till the following general or quarter sessions of the peace to be held 
 for such city, borough, or county ; and the said justices, recorder, or 
 other presiding officer may, if they or he see cause, reverse or alter 
 such decision, and mitigate any penalty or forfeiture, and may 
 order any money to be returned which may have been levied in 
 pursuance of such order or determination, and may also order any 
 such further satisfaction to be made to the party injured as they 
 or he shall judge reasonable, and may also order such costs to be 
 paid by the party complained against to the party appealing, or vice 
 versa, as they shall think reasonable. 
 
 23. Where any municipal corporation, local board of health, or This Act and 
 two or more justices, or any other corporation or person now have existing 
 powers of appointing inspectors of meters, and they or such in- powers not to 
 specters now have powers of stamping, restamping, examining, or be cumulative, 
 testing meters, those powers and the provisions of this Act shall not 
 
 be cumulative, but after the expiration of nine months after the 
 passing of this Act the provisions of this Act shall supersede all 
 such powers. 
 
 24. No proceeding to be had or taken in pursuance of this Act Proceedings 
 shall be quashed or vacated for want of form, or be removed by not to be 
 certiorari, or by any other writ or proceeding whatsoever, into any quashed for 
 of Her Majesty's courts of record at Westminster or elsewhere, want of 
 any law or statute to the contrary notwithstanding. form or 
 
 removed. 
 
 25. In England and in such boroughs and towns as aforesaid in As to recovery 
 Ireland all fees and penalties received and recovered under this Act and appli- 
 shall be applied in aid of the stock or fund out of which the expenses cation of 
 
 of carrying the Act into effect shall be defrayed, and in Scotland all penalties, 
 penalties incurred under the provisions of this Act shall be recover- 
 able, with expenses, either before the sheriff of the county, or the 
 magistrate of the burgh or town corporate wherein the same may be 
 incurred or where the offender may reside, or before two or more 
 2D 2
 
 404 
 Section 25. 
 
 Limitation of 
 actions, &c. 
 
 Plaintiff not 
 to recover 
 after tender 
 of amends. 
 
 APPENDIX. THE SALE OP GAS ACT, 1859. 
 
 justices of the peace of such county, at the instance either of the pro- 
 curator fiscal of court or any person who may prosecute for the same; 
 and the whole penalties, after deducting all charges, and such remu- 
 neration to the person prosecuting, as the said justices shall think fit, 
 shall be applied in aid of the funds liable under the provisions of 
 this Act to the cost of providing and maintaining copies of the said 
 models in the place where such penalties shall be awarded ; and it is 
 hereby provided that it shall be competent for the said courts respec- 
 tively to proceed in a summary way and to grant warrant for bringing 
 the parties complained of before them, and upon proof on oath by one 
 or more credible witnesses, or on the confession of the offender, or on 
 other legal evidence, forthwith to give judgment on such complaint 
 without any written pleadings or record of evidence, and to grant 
 warrant for the recovery of such penalties and expenses decerned 
 for, failing payment within fourteen days after conviction, by poind- 
 ing, or by imprisonment for a period, at the discretion of the court, 
 not exceeding sixty days, it being hereby provided that a record 
 should be preserved of the charge and of the judgment pronounced. 
 
 27. In all actions brought against any person for anything done in 
 pursuance of this Act, or in the execution of the powers or authorities 
 thereof, such action shall be laid and brought in the county within 
 which the cause of action shall have arisen, and the defendant or 
 defendants in such action may plead the general issue, and give this 
 Act and the special matter in evidence at any trial to be had there- 
 upon, and that the acts were done in pursuance or by the authority 
 of this Act ; and if they shall appear to have been so done, or that 
 such action shall have been brought otherwise than as hereinbefore 
 directed, then and in every such case the jury shall find for the 
 defendant or defendants ; upon which verdict, or if the plaintiff or 
 plaintiffs shall become nonsuited, or shall suffer a discontinuance of 
 his, her, or their action after the defendant or defendants shall have 
 appeared thereto, or if a verdict shall pass against the plaintiff 
 or plaintiffs therein, or if upon demurrer or otherwise judgment shall 
 be given against the plaintiff or plaintiffs, the defendant or defend- 
 ants shall have his, her, or their costs, and shall have such remedy for 
 recovering the same as defendants have for recovering costs of suit 
 by law in any other cases. 
 
 28. No plaintiff shall recover in any action for any irregularity, 
 trespass, or other wrongful proceeding made or committed in the 
 execution of this Act if tender of sufficient amends shall have been 
 made by or on behalf of the party or parties who shall commit such 
 irregularity, trespass, or other wrongful proceeding before such action 
 brought ; and in case no tender shall have been made it shall be 
 lawful for the defendant or defendants in any such action, by leave 
 of the court wherein such action shall depend, at any time before 
 issue joined, to pay into court such sum or sums of money as he, she, 
 or they shall think fit, whereupon proceedings, order, and adjudi- 
 cation shall be had and made in and by such court as in other actions 
 where defendants are allowed to pay money into court.
 
 AN ACT 
 
 FOR BETTER REGULATING THE SUPPLY OF GAS TO 
 THE METROPOLIS (a). 
 
 23 & 24 VICT. CAP. 125. 
 
 28TH AUGUST, 1860. 
 
 WHEREAS the following gas companies, that is to say, "The 
 Gaslight and Coke Company," "The City of London Gaslight and 
 Coke Company," " The Commercial Gaslight and Coke Company," 
 "The Equitable Gaslight Company," "The Great Central Gas 
 Consumers' Company," "The Independent Gaslight and Coke 
 Company," " The London Gaslight Company," " The Phoenix Gas- 
 light and Coke Company," "The Ratcliff Gaslight and Coke 
 Company," "The Surrey "Consumers' Gas Comany," "The South 
 Metropolitan Gaslight and Coke Company," "The Western Gas- 
 light Company (limited)," " The Imperial Gaslight and Coke Com- 
 
 (a) This Act was amended by 24 & 25 Viet. c. 79, whereby the powerg 
 conferred upon justices of the peace by 22 & 23 Viet. c. 66, as amended by 
 23 & 24 Viet. c. 146, in so far as relates to the metropolis, were transferred 
 to the metropolitan board, with a repeal of part of section 1 of the last- 
 mentioned Act. This Act, the Metropolis Gas Act, 1860, was further 
 amended or varied by subsequent statutes relating to particular companies 
 to the extent therein expressed, viz., the City of London Gas Act, 1868, so 
 far as relates to the city of London, the South Metropolitan Gaslight and 
 Coke Company's Act, 1869, the Imperial Gas Act, 1869, the Commercial 
 Gas Act, 1875, the Gaslight and Coke Company's Act, 1876, and the South 
 Metropolitan Gaslight and Coke Company's Act, 1876. The enactments 
 repealed or varied by these Acts are referred to in the notes. Under 
 these Acts the board are required to appoint examiners to test the gas 
 supplied by different companies, exclusive of the city of London, and to see 
 that the requirements of the Act in respect of the purity and illuminat- 
 ing power of the gas are complied with, &c. 
 
 By the Commercial Gas Act, 1875, section 33, the prescribed testing places, 
 materials, and apparatus provided by the company, shall be under the control 
 and management of the metropolitan board, but the company may have a 
 separate testing place in the same building ; by section 35, a gas examiner 
 or gas examiners are to be appointed for the several testing places, and 
 subsequent sections contain provisions for daily reports to, amongst others, 
 the metropolitan board, for quarterly reports of the central gas examiner, 
 register of gas, forfeitures for defect of illuminating power, excess of 
 impurity, &c., giving a right to the board to attend the auditing of the 
 company's accounts, with a provision for arbitration, where the board or 
 company think themselves aggrieved by acts, &c., of auditor. The Gas 
 and Waterworks Facilities Act, 1870, and Amendment Act, 1873, do not 
 apply to any place within the metropolis. Section 15 of latter Act.
 
 406 
 Section 1. 
 
 Short title. 
 
 10 & 11 Viet. 
 c. 15, incorpo- 
 rated with 
 this Act (a). 
 
 Companies 
 and persons 
 to whom Act 
 applies. 
 Interpretation 
 of terms. 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 pany," or some of them, are respectively incorporated under the 
 authority of parliament for the purpose of supplying several districts- 
 of the metropolis with gas ; and the said companies, instead ot 
 supplying gas by several mains in the same district, have agreed, _ as 
 far as possible, each one to confine its supply to a separate district,, 
 in order to enconomise capital and avoid the too frequent opening of 
 the public streets ; and, subject to the provisions and restrictions of 
 this Act, it is expedient that such districting should receive the 
 sanction of parliament : And whereas the regulations to which those 
 companies are subject are not uniform : And whereas it is expedient 
 that provisions be made for the due regulation of all companies and 
 persons supplying gas within the metropolis : May it therefore please 
 your Majesty that it may be enacted, and be it enacted by the Queen's 
 most excellent Majesty, by and with the advice and consent of the 
 lords spiritual and temporal, and commons, in this present parlia- 
 ment assembled, and by the authority of the same, as follows ; that 
 is to say : 
 
 1. This Act may for all purposes be cited as "Metropolis Gas- 
 Act, 1860." 
 
 2. "The Gasworks Clauses Act, 1847" (except so far as the pro- 
 visions thereof are inconsistent with this Act), is incorporated with 
 and forms part of this Act, and shall apply to the several companies 
 before named or referred to as fully as if the gasworks of the several 
 companies were authorized by this Act ; and the expression " under- 
 takers" in the recited Act shall be held to apply to every gas 
 company affected by this Act ; but it shall not be lawful for any gas 
 company, by the application of any of their profits or funds to make 
 up to the prescribed rate, or the rate of ten pounds per centum per- 
 annum where no such rate shall be prescribed, any dividend which 
 shall have been payable more than six years previously (b) : pro- 
 vided that the powers vested in the justices by the said Act shall be 
 exercised by a magistrate. 
 
 3. This Act applies to the several gas companies, and to all persons 
 already or hereafter supplying gas within the metropolis, except as 
 herinafter excepted (c). 
 
 4. In the construction of this Act the following words and expres- 
 sions have the following meanings, unless excluded by the subject or 
 context ; that is to say : 
 
 (a) The Gasworks Clauses Act, 1871, applies to all the companies enume- 
 rated in this Act, and the 36th section of the former Act imposing a penalty 
 whenever the promoters neglect or refuse to supply gas to any occupier 
 within the limits of the special Act, under such pressure as is prescribed, 
 applies to a case where the company has improperly cut off tbe supply of 
 gas ; Commercial Gas Company v. Scott, L. K. 10 Q. B. 400. 
 
 (b) The City of London Gas Act, 1868, section 3, repeals, so far as it 
 relates to the city of London this (2) section, as far as it incorporates the 
 Gas Works Clauses Act, 1847, with respect to the amount of profit, or where 
 it imposes any restriction in respect of the rate of dividend. The South 
 Metropolitan Gaslight and Coke Company's Act, 1869, section 4 (sched.), 
 contains a similar provision, so also the Commercial Gas Act, 1875, 
 section 3. By the Gaslight and Coke Company's Act, 1868, s. 63, companies 
 are empowered to lay pipes, &c., into, through, or against buildings, with 
 consent of owner or occupier. 
 
 (c) See section 5 and schedule.
 
 23 & 24 VICT. c. 125, ss. 4, 5. 407 
 
 The expression "gas company" or "gas companies" means and Section 4. 
 includes any and every company, and any person or persons, 
 supplying gas within the limits of this Act : 
 
 The expression "local authority" includes the metropolitan board 
 of works, vestries, and district boards appointed under an Act 
 of the session of the eighteenth and nineteenth years of the 
 reign of Her present Majesty, chapter one hundred and twenty, 
 for the local management of the metropolis : 
 
 The word "inspector" or "inspectors" shall mean any metro- 
 politan gas inspector or inspectors to be appointed under this 
 Act: 
 
 The word " consumer" means a person receiving or entitled, in 
 accordance with this Act, to receive a supply of gas from any 
 gas company : 
 
 The word " the metropolis " has the same meaning as in the said 
 Act of the eighteenth and nineteenth years of Her present 
 Majesty, chapter one hundred and twenty: 
 
 The word " district " means, with respect to every gas company 
 supplying gas wholly or in part within the metropolis, the dis- 
 trict, so far as it is within the metropolis, within which the gas 
 company are from time to time authorized to supply gas, and 
 means, with respect to any person or persons not being a gas 
 company, but supplying gas wholly or in part within the 
 metropolis, the district within the metropolis within which 
 he or they shall from time to time as a trade or business supply 
 gas : 
 
 The word " street " includes square, court, alley, highway, lane, 
 road, thoroughfare, and public passage or place : 
 
 The word " premises " includes public and private messuages, and 
 other buildings, lands, and tenements whatsoever : 
 
 The word " the gasworks " means the works of the respective gas 
 companies, and the works connected therewith : 
 
 The word "rate" includes all rents and other payments for a 
 .supply of gas : 
 
 The word "meter rent" includes all rents and other payments for 
 the use of gas meters : 
 
 The word " magistrate " means any police or stipendiary magistrate 
 acting in and for the district of the metropolis in which the 
 matter referred to him arises, and in the city of London and the 
 liberties thereof shall mean any justice of the peace for the city 
 of London and the liberties thereof: 
 
 The words "common gas" shall mean gas of an illuminating 
 power hereinafter denned of not less than twelve candles : 
 
 The words " cannel gas " shall mean gas of an illuminating power 
 hereinafter defined of not less than twenty candles (d). 
 
 5. The limits of this Act shall be the metropolis : provided Limits of Act. 
 always, that this Act and the several clauses and provisions thereof 
 shall not extend or apply or be construed to extend or apply to the 
 several gas companies set forth and enumerated in the schedule 
 annexed to this Act ; provided also, that the districts severally speci- 
 fied and described in the Acts and instrument of incorporation 
 respectively mentioned in the said schedule, or within which the said 
 companies or any of them are now supplying gas (notwithstanding 
 
 (d) So much of this section as defines the meaning of the words "com- 
 mon gas " and " cannel gas " is repealed by section 3 of the Commercial 
 Gas Act, 1875, as to that company.
 
 408 
 Section 5. 
 
 Sanctioning 
 assignment of 
 districts to gas 
 companies to 
 be subject to 
 triennial re- 
 vision. 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 the said districts, or any portions thereof, are or may be within the 
 limits of the metropolis as defined by this Act), shall not be included 
 or deemed to be included in the expression " the metropolis," or any 
 extension thereof which may hereafter be made, under the provisions 
 of the hereinbefore mentioned Act of the eighteenth and nineteenth 
 Victoria, chapter one hundred and twenty ; provided also, that if the 
 said companies or any of them shall supply gas in parts of the 
 metropolis other than those within their respective districts as denned 
 in the said schedule, then the provisions of this Act shall be held to 
 apply to such companies respectively so far only as regards such ex- 
 tended limits as may be within the metropolis. 
 
 6. The limits of each of the said companies shall be the respective 
 districts supplied with gas by such companies as the same are denned 
 upon four duplicate maps, signed by the Right Honourable Thomas 
 Henry Sutton Sotheron Estcourt, and which maps have been seve- 
 rally deposited with the respective clerks of the peace for the counties 
 of Middlesex, London, Surrey, and Kent ; provided that at the ex- 
 piration of three years next after the passing of this Act, and of every 
 three years thereafter, Her Majesty's principal Secretary of State for 
 the Home Department for the time being may, either upon the appli- 
 cation and with the consent of any two or more of the said gas 
 companies whose districts adjoin one another, make any alteration in 
 the boundaries of such districts, or upon the application of any local 
 authority, or upon the requisition of not less than twenty gas con- 
 sumers within any district or districts proposed to be affected, and 
 upon proof to his satisfaction being given that any of the said gas 
 companies are not in a condition adequately to supply with gas their 
 respective districts, or have substantially failed to fulfil the obliga- 
 tions imposed by this Act, may make such alterations in the boun- 
 daries of such districts, or admit any new company respectively, as he 
 thinks proper ; and all such alterations shall be certified on one or 
 more maps, to be signed by the said Secretary of State, and deposited 
 with one or more of the said clerks of the peace ; and such last- 
 mentioned map or maps shall be binding on all parties, and the pro- 
 visions of this Act shall be held to apply to the several districts, when 
 so altered, and to the several companies affected thereby, as fully and 
 effectually as if no alteration in such districts had been made, and no 
 other company or person than the company to whom such limits are 
 for the time being assigned or shall hereafter be assigned shall 
 supply gas for sale within the said limits, unless authorized by parlia- 
 ment so to do ; provided that before proceeding to consider the 
 necessity for altering any of the said districts the said Secretary of 
 State shall cause at least one month's notice to be given of such 
 application to all parties interested therein or affected thereby, and 
 such notice shall state the day and hour when and the place Avhere 
 such application will be considered ; and notices to be given to any 
 gas company shall be left with the secretary or some other principal 
 officer of the company, and notices to be given to any local authority 
 shall be left with the clerk or some other principal officer of the said 
 local authority. 
 
 On complaint 7. If a t any time complaints as to the quantity or quality of t 
 
 as to quantity gas supplied by any company be made to the said secretary 
 
 ad quality, state ( a ) ^ v memorial in writing from the metropolitan board 
 
 (a) The South Metropolitan Gas Light and Coke Company Act, 1869,
 
 28 & 24 VICT. c. 125, ss. 714. 409 
 
 works, or any vestry or district board of works, signed by their clerks Section 7. 
 respectively, or not less than twenty inhabitant householders paying 
 
 rates for and supplied with gas by any snch company, it shall be law- secretary of 
 
 ful for the said secretary, at any time within one month after the state^may 
 
 receipt of such complaint, to appoint a competent person as inspector a PPi n * a _ 
 
 to inquire into and concerning the grounds of such complaint, and P ersonas in ~ 
 report to the said secretary thereon. 
 
 8. The inspector so appointed as aforesaid shall give notice of his re P ort ( & )- 
 appointment in writing to the company, and at any time after Power of in- 
 twenty-four hours from the time of his giving such notice as afore- specter so 
 said he shall have power to inspect and examine the gasworks of appointed, 
 the company, and to inquire into and concerning the grounds of such 
 complaint, and the company and their officers shall afford all 
 reasonable facilities for such inspection, examination, and inquiry. 
 
 9. Any person obstructing such inspector in the due prosecution Penalty on 
 of such inspection, examination, or inquiry shall forfeit and pay any obstructing 
 sum not exceeding ten pounds. inspector. 
 
 10. If after receipt of such report it shall appear to the said Notice if 
 secretary that the said complaint is well founded, the said secretary complaint 
 shall give notice thereof in writing to the company. weu founded. 
 
 11. After the receipt of such notice the company shall and they Company to 
 are hereby required, within a reasonable time, to remove the grounds remove ground 
 of such complaint. of complaint. 
 
 12. Every gas company shall in all things obey the orders of the Gas companies 
 said secretary made in pursuance of this Act, and in default of their to obey orders 
 so doing they shall be liable to a penalty not exceeding fifty pounds f secretary of 
 for each offence. state. 
 
 13. All the costs, charges, and expenses of and incident to any Cost of alter- 
 inquiry and decision of the said secretary of state under this Act in district, 
 shall from time to time be borne and paid by such parties as the said 
 
 secretary of state shall direct, and such decision may, upon an exparte 
 application, be made a rule of any of Her Majesty's superior courts 
 of law at Westminster 
 
 14. Every gas company from time to time supplying gas within Gas companies 
 any district shall, as to any premises or street within such district not * provide 
 already supplied with gas, and which shall lie within fifty yards of pip es > an( i 
 any existing mains, at their own expense, on being required by the su PPv S* 8 
 owner or occupier of any premises within the district or in part me jf r ^ at P re " 
 within the district, who shall contract for not less than two years to !^ De( 
 
 section 4, substitutes as to that company the board of trade for the secre- 
 tary of state. 
 
 (6) The City of London Gas Act, 1868, repeals (so far as they relate to 
 the city) this and the following sections to 12 inclusive. A similar pro- 
 vision is contained in the South Metropolitan Gas Light and Coke Com- 
 pany's Act, 1869, section 4, as to that company ; and in the Imperial Gas Act, 
 1869, so far as relates to that company; so also in the Commercial Gas Act, 
 1875, section 3, as to that company. 
 
 (c) By the Commercial Gas Act, 1875, that company shall, notwith- 
 standing anything in this Act, not be compelled to lay on gas for a 
 stable, &c., where they do not supply gas to the house, unless the person 
 requiring it agree that the consumption be at the rate of at least 10s. per
 
 410 
 
 Section 14. 
 
 Security to be 
 given to gas 
 company, if 
 required (a). 
 
 Differences as 
 to security to 
 be determined 
 by a magis- 
 trate. 
 
 Penalty on 
 gas company 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 pay gas rates in respect of such supply to an amount equal to twenty 
 per cent, upon the outlay, provide and lay all proper and sufficient 
 communication, service, and other pipes up to the premises of such 
 owner or occupier to communicate with the gas company's mains, 
 and shall, if so required by the owner, occupier, or local aitthority, 
 furnish him or them, at the rate prescribed by this Act, with a supply 
 of gas for the purpose of being used in or on the premises, or for 
 lighting the street, and if so required by the owner or occupier, fur- 
 nish him with one or more meters for ascertaining the quantity of 
 gas consumed ; provided that the gas company shall not be bound to 
 supply more than one meter for each consumer occupying a separate 
 dwelling or apartment, nor any meter exceeding a five-light meter ; 
 provided also, that the meter rent which the said company shall be 
 entitled to claim for such meter shall not exceed ten per cent, on the 
 net cost of such meter ; provided that it shall not be lawful for any 
 company not charging a meter rent on the first day of January one 
 thousand eight hundred and sixty to charge such rent within their 
 district until after the first day of January one thousand eight hun- 
 dred and sixty-two. 
 
 15. Provided that the owner or occupier, if so required in writing 
 by the gas company or any of their officers, shall, before he is entitled 
 to have the pipes provided and laid, or to have a supply of gas or 
 of meters furnished, give to the gas company such security for the 
 payment of the rate for the gas to be supplied to him, and of the 
 meter rent for every meter to be supplied to him, as he and the gas 
 company agree on. 
 
 16. Provided, that if the owner or occupier and the gas company 
 cannot agree thereon, the security to be given shall be determined by 
 a magistrate ; and any single magistrate shall, on the application of 
 the owner or occupier and the gas company, or either of them, 
 determine the nature and amount of the security to be given ; and 
 the security may, as the magistrate thinks fit, be the deposit with the 
 gas company, or with any person approved by the magistrate, or the 
 prepayment to the gas company, of a sum of money or any other 
 security which the magistrate thinks sufficient and reasonable ; and 
 the determination of the magistrate shall be binding on all parties, 
 and final : Provided that if the security be the deposit with the gas 
 company of a sum of money, the gas company shall pay interest 
 thereon to the consumer at such rate as the magistrate shall de- 
 termine. 
 
 17. If the gas company, not being entitled to reqiiire or not having 
 
 annum, or pay the expense of the service pipe and meter. Under a special 
 Act empowering a gas company to levy a distress for sums due for gas 
 described as " rents," it was held that the company were not landlords 
 within section 34 of Bankruptcy Act, 1869, and that the distress was 
 merely a legal process against the estate of the debtor in respect of a 
 provable debt; ex parte Hill, re Roberts, L. R. 6 Ch. Div. 63. 
 
 (a) This and the 16th section shall, by the Commercial Gas Act, 1875, 
 as to that company, apply to the supply of gas or of meters to a person 
 succeeding as tenant of a house, &c. Where at the time of his entering, 
 gas was consumed as therein provided, under the Gas Light and Coke 
 Company's Act, 1872, it was decided that an incoming tenant was not 
 liable to payment of arrears due from the preceding tenant ; Gas Light and 
 Coke Company v. Mead, 40 J. P. 662.
 
 23 & 24 VICT. c. 125, ss. 1722. 
 
 411 
 
 required any security, wilfully fail for seven days after being there- Section 17. 
 unto required in writing by the consumer, or where the security ~~ 
 
 agreed on or determined by the magistrate is given, shall wilfully aiun ** 
 fail for fourteen days thereafter to provide and lay aU proper and | Y^? 
 sufficient communication, service, and other pipes, or to furnish a m te 
 
 supply of gas, or to furnish any meter, pursuant to the provisions of 
 this Act, then and in every such case the gas company shall, on a 
 summary conviction before a magistrate, forfeit and pay to the con- 
 sumer not exceeding forty shillings for every day after the expiration 
 of seven or fourteen days respectively during which the failure 
 continues. 
 
 18. Provided, that every private consumer shall, if so required in 
 writing by the gas company, consume the gas by meter, but any con- 
 sumer may, if he thinks fit, provide his own meter. 
 
 Gas to be con- 
 sumed by 
 meter if re- 
 quired by 
 companies. ^ 
 
 Gas companies 
 ma y contract 
 for supply. 
 
 ^ 19. Subject to the provisions of this Act, every gas company, from 
 time to time, may enter into any contract with any owner, occupier, 
 or local authority for all or any of the following purposes ; that is 
 to say, for supplying him or them with gas, and with pipes, burners, 
 meters, lamps, lamp posts, and other apparatus, and for the repair and 
 cleansing and for the lighting and extinguishing thereof, in such 
 manner and on such terms and conditions as the parties agree. 
 
 20. Provided, that, notwithstanding its being required by any Act Contracts 
 of parliament or otherwise that the gas company's contracts shall be valid though 
 under seal, every contract of the gas company entered into in npt under 
 accordance with this Act shall without seal be binding on them, sea ^- 
 
 if the contract be signed by at least two of their directors, or by 
 their secretary or other officer by the authority of at least two of 
 their directors. 
 
 21. Provided, that no contract for any of those purposes shall con- Restrictions 
 tain any term or condition contrary to any of the provisions of this on contracts 
 Act, or for giving in case of difference the sole arbitrament with gas com- 
 thereon to the gas company or any officer or person who is or has been panics. 
 employed by them, or who may have a pecuniary interest in such 
 
 company, or for requiring any notice by a consumer discontinuing 
 his supply of gas or meter which shall make him liable to pay more 
 than one month's rate or meter rent after the time of the service of 
 the notice, or which shall entitle the gas company, except for breach 
 of any of the provisions of this Act, to discontinue any supply of 
 gas by less than one month's notice in writing to the consumer, 
 unless the rate due for gas shall be in arrear, in which case three 
 day's notice in writing to the consumer shall be sufficient (6). 
 
 22. The gas company shall well and effectually light all public Gas companies 
 lamps in all streets which they are required by the local authority to to ^S^t streets 
 light, and shall, according to the terms of their contract, supply to wh e required 
 the local authority so much gas as they require for their public lamps, y , J OC T 
 provided that the gas company shall not be compelled to bight any a 
 
 street with lamps at a greater distance from each other than seventy- 
 five yards. 
 
 (J) The gas companies mentioned in this Act are subject to the Gas 
 "Works Clauses Act, 1871, and are liable to conviction for discontinuing the 
 supply of gas without sufficient reason ; Commercial Gas Company v. Scott, 
 40 J. P. 
 
 214.
 
 412 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 Section 23. 23. The local authority may provide and keep in repair their own 
 public lamp posts and lamps, and apparatus connected therewith, and, 
 in case of their electing to burn by meter, light and extinguish the 
 lamps, and defray the expenses thereof. 
 
 24. Every gas company shall, unless prevented by necessary re- 
 pairs or unavoidable accident, at all times keep all their branch or 
 service pipes fully charged with gas, and the stopcocks so turned as 
 not to prevent the branch or service pipes from being at all times 
 filled with gas. 
 
 25. The quality of the common gas supplied by any gas company 
 
 Local autho- 
 rities may 
 provide lamp 
 posts and 
 lamps (a). 
 Service pipes 
 to be fully 
 charged with 
 gas. 
 
 Illuminating 
 power and 
 purity of gas 
 (5). 
 
 shall be, with respect to its illuminating "power at a disfance as near 
 as may be of one thousand yards from the works, such as to produce 
 from an Argand burner having fifteen holes and a seven-inch chim- 
 ney, consuming five cubic feet of gas an hour, a light equal in in- 
 tensity to the light produced by not less than twelve sperm candles 
 of six to the pound, each burning one hundred and twenty grains an 
 hour, and the quality of cannel gas supplied by any gas company 
 shall with respect to its illuminating power at the distance aforesaid 
 be such as to produce from a batswing or fishtail burner consuming 
 five feet of gas per hour a light equal in intensity to twenty such 
 sperm candles, and each such gas shall with respect to its purity be 
 so far free from ammonia and sulphuretted hydrogen that it shall 
 not discolour either turmeric paper or paper imbued with acetate or 
 carbonate of lead, when those tests are exposed to a current of gas 
 issuing for one minute under a pressure of five-tenths of an inch ot 
 water, and shall not contain more than twenty grains of sulphur in 
 any form in one hundred cubic feet of gas : Provided that any gas 
 company, and the local authorities of the district supplied by such 
 company, shall be at liberty to agree upon any other or different test 
 by which to ascertain the purity of the gas, or to vary the amounts of 
 ammonia or sulphur in any form hereinbefore allowed, and thereupon 
 the company shall be thenceforth liable to have the purity of their 
 gas tested in the manner so prescribed. 
 
 Penalty for 26. If the gas supplied by the gas company be at any time of less 
 deficient illuminating power or of less purity than according to this Act it 
 illuminating ought to be, the gas company shall for every such offence, on a sum- 
 power or im- mary conviction before a police magistrate, forfeit a sum not exceed- 
 purity. ing fifty pounds, and also, in addition to that penalty, and whether 
 
 (a) See Imperial Gas Act, 1869, section 74 ; Commercial Gas Act, 1875, 
 section 68; City of London Gas Act, 1868, section 85 ; and South Metro- 
 politan Gas Light and Coke Company's Act, 1869, section 67, as to the use 
 of street lamp governors and access thereto by the local authority. 
 
 (b) The City of London Gas Act, 1860, repeals (so far as they relate to 
 the city) this and the following sections to 34 inclusive. A similar pro- 
 vision is contained in the South Metropolitan Gas Light and Coke Com- 
 pany's Act, 1869, section 4 ; also in the Imperial Gas Act, 1869 ; so also 
 in the Commercial Gas Act, 1875. 
 
 It was decided in the Gas Light and Coke Company v. The Vestry of 
 St. George's, Hanover Square, 41 L. J. Q. B. 360, that the Gas Light and 
 Coke Company's Act, 1868, and the City of London Gas Act, 1868, did not 
 repeal the provisions of this Act as to the purity and quality of the gas, 
 and that the gas company remained subject to those provisions as well as 
 to those contained in the later Acts.
 
 28 & 24 VICT. c. 125, ss. 2632. 413 
 
 that penalty be recovered or not, a further sum of ten pounds for Section 26. 
 every day after notice in writing from the local authority during 
 which the offence continues : Provided that such police magistrate 
 shall not convict under this section if it shall be proved to his satis- 
 faction that such defect of gas was occasioned by any unavoidable 
 cause or accident. 
 
 27. Every local authority taking any supply of gas according to this Appointment 
 Act shall provide all proper and sufficient apparatus, machinery, and by local autho- 
 instmments for testing the illuminating power and purity of the gas, rity of ex- 
 and from time to time shall appoint, and out of any funds applicable aminer of gas. 
 by them for their local purposes may pay, a chemical examiner or 
 
 gas engineer, or other competent person to be an examiner for the 
 purposes of this Act ; and every gas company shall, within six months 
 after the passing of this Act, cause to be erected in some convenient 
 place, as near as may be to one thousand yards from their works (such 
 place, in case of dispute between the company and the local authority 
 to be fixed by a police magistrate, upon the application of either 
 party, after hearing the parties thereon), an experimental meter fur- 
 nished with a suitable burner, capable of consuming five cubic feet 
 of gas per hour, with other necessary apparatus for testing the illumi- 
 nating power of the gas. 
 
 28. The examiner shall, on giving three hours notice to the secre- Examination 
 tary or engineer of the company, have access at all times to such ex- of gas and 
 perimental meter, and when and so often as is necessary or as he is so report thereon, 
 directed by the local authority appointing him shall examine the 
 illuminating power and the purity of the gas supplied, and shall pre- 
 sent to the local authority, so often as they require, a report stating 
 
 the number of examinations on which the report is founded, and the 
 maximum, minimum, and average illuminating power and purity, or 
 the illuminating power and purity from day to day or at longer 
 intervals of the gas supplied during the whole period to which the 
 report relates, with such other information and remarks thereon as 
 may be deemed necessary. 
 
 29. Provided, that two or more local authorities, if they think fit, Two or more 
 may join in providing the apparatus, machinery, and instruments, l ca l au ^' 
 and in appointing and paying the examiner, and he shall make r ^ e ? ma y 
 his reports to every local authority so joining in appointing and J l n *^ e 
 payinghim. appomtment. 
 
 30. The examiner, on payment to him of a fee of ten shillings and Complaint to 
 sixpence by any consumer, shall, at his request, examine and report a magistrate 
 to him on the illuminating power and the purity of the gas supplied as to supply 
 as hereinbefore mentioned ; and any consumer may make complaint ^ S* 3 ' 
 
 to any magistrate with respect to the illuminating power or purity 
 of the gas supplied to the complainant, and the magistrate may enter- 
 tain and hear the complaint, and proceed thereon according to the 
 provisions of this Act. 
 
 31. Any magistrate may direct that notice be given to the com- Hearing on 
 plainant and the gas company to appear and be heard on the com- report, 
 plaint, at such time as he appoints, and each party shall thereupon 
 
 appear and may be heard before a magistrate, by themselves, their 
 counsels, attorneys, or agents. 
 
 32. Where on the hearing, and whether or not the gas company Order on 
 
 hearing.
 
 414 
 Section 32. 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 Gas company 
 to obey order. 
 
 Gas com- 
 panies to 
 afford facili- 
 ties for 
 examination 
 under this 
 Act. 
 
 Limit of 
 charge for 
 gas and 
 meters. 
 
 Determina- 
 tion of 
 existing 
 contracts. 
 
 Limit of 
 charge for 
 gas supplied 
 to public 
 
 Difference to 
 be settled by 
 arbitration. 
 
 1, it appears to the magistrate that the complaint or any 
 part thereof is well founded, he shall make an order declaring that 
 the same is well founded, and ordering the gas company to pay any 
 penalty or penalties thereby incurred, and to remove within a 
 reasonable time the grounds of complaint, and he may by the order 
 direct that any specific Acts shall be done by the gas company for 
 removing the grounds of complaint, and may make any order as to 
 costs ; and all orders so made shall be final and binding on all 
 parties. 
 
 33. Where the gas company are served with any order so made 
 they shall, within the time limited by the order, remove the grounds 
 of complaint thereby declared to be well founded, and pay the penalty 
 or penalties, and the damages (if any) and costs (if any) thereby 
 ordered to be paid by them. 
 
 34. The gas company, and their officers, agents, and servants, and, 
 where there is any complaint made, the complainant, shall afford to 
 the examiner appointed by the local authority all reasonable facilities 
 for the respective inspection, examination, and inquiry; and every 
 person obstructing any such examiner so appointed in the exercise of 
 his duties under this Act shall lor every such offence forfeit not ex- 
 ceeding ten pounds. 
 
 35. After the thirty-first day of December, one thousand eight 
 hundred and sixty no gas company shall, except under existing con- 
 tracts, demand or take for any gas or five-light meter supplied by them 
 any sum of money exceeding the rate or meter rent by this Act au- 
 thorized. 
 
 36. All contracts made or existing before the first of January one 
 thousand eight hundred and sixty, between any of the gas co'mpa- 
 nies included in this Act and any local authority, for or relating to 
 the supply of gas, shall terminate on the first day of February one 
 thousand eight hundred and sixty-two, and thereafter the provisions 
 of this Act in all particulars shall apply to such company; provided 
 that from the time of the passing of this Act until the said first day 
 of February one thousand eight hundred and sixty-two the provisions 
 of this Act relating to price, purity, and illuminating power of gas, 
 shall not apply to any such company, unless such company shall elect 
 to adopt them. 
 
 37. The gas company shall not charge a higher price by the one 
 thousand cubic feet for gas supplied to any local authority than the 
 lowest rate by the one thousand cubic feet from time to time charged 
 by them to any private consumers, otherwise than by special contract 
 in writing, in the district supplied by the gas company. 
 
 38. If any difference arise between any local authority and the gas 
 company with respect to any alteration in the test, or to the rate to 
 be charged for gas supplied or for lighting any public lamp, the dif- 
 
 (a) This section is repealed by the City of London Gas Act, 1868, so far 
 as it relates to the city, and by the South Metropolitan Gas Light and Coke 
 Company Act, 1869, so far as concerns that company, also so far as relates 
 to the company by the Imperial Gas Act, 1869. This and the 38th section 
 are repealed by the Commercial Gas Act, 1875, so far as relates to that com- 
 pany.
 
 23 & 24 VICT. c. 125, ss. 3841. 415 
 
 ference shall be referred to and be determined by arbitration in the Section 38. 
 manner prescribed by the " Companies Clauses Consolidation Act, 
 1845" (6), with respect to the settlement of disputes by arbitration. 
 
 39. In case any consumer leave the premises where gas was sup- Incoming 
 plied to him without paying to the gas company the rate or meter rent tenant not 
 due from him, the gas company shall not require from the next tenant to pay 
 
 of the premises payment of the arrears so left unpaid unless the incom- arrears of 
 
 ing tenant agreed with the defaulting consumer to pay the arrears ; outgoing 
 
 but the gas company shall, notwithstanding any such arrears, in the ab- tenant, 
 
 sence of collusion between the outgoing and incoming tenant, supply UIUess by 
 
 gas to the incoming tenant, as required by this Act, on being required ex P ress 
 
 by him so to do. agreement. 
 
 40. No company shall advance the price of gas above the rate taken Appeal by 
 by such company on the first day of January one thousand eight consumers 
 hundred and sixty, whenever such rate is at or above four shillings * home 
 and sixpence per one thousand cubic feet, unless there has been such secretary on 
 increase in the cost of gas, or any other circumstances affecting the n f e P" 06 
 company, as will warrant such advance : Provided always, that before ^ as ' c '* 
 raising the gas rate in any district the gas company supplying such 
 
 district shall give notice of their intention to the local authorities of 
 the district in some newspaper circulating within the district for two 
 consecutive weeks at least one month before such alteration in the 
 gas rate shall be made; and in case any local authority shall, within 
 such month, dissent from such alteration, it shall be determined by 
 arbitration in the manner hereinbefore mentioned whether such altera- 
 tion shall be allowed : Provided always, that no gas company shall 
 charge for common gas supplied by them any sum exceeding five 
 shillings and sixpence for every one thousand cubic feet, or for cannel 
 gas any sum exceeding seven shillings and sixpence for every one 
 thousand cubic feet ; provided also, that any company shall be at 
 liberty to change the kind of gas from time to time supplied by such 
 company, whether common or cannel gas, on giving three months' 
 notice of their intention so to do; and upon the expiration of such 
 notice the company shall thenceforth supply gas pursuant thereto 
 under the provisions of this Act until any like notice shall be given 
 for a further change; and when the company shall change the supply 
 from cannel gas to common gas, the rate shall be reduced so as not to 
 exceed four shillings and sixpence per thousand cubic feet, except 
 under the circumstances and in the manner hereinbefore set forth. 
 
 41. The said secretary of state may at any time issue a form of Home secre- 
 accounts to be filled up by each of the said gas companies, and such tary may 
 accounts shall state precisely the amounts of the capital of each com- issue form 
 
 (b) By the City of London Gas Act, 1868, this section shall (so far as 
 relates to the City of London) be read as if the Lands Clauses Consolidation 
 Act'was therein mentioned instead of the Companies Clauses Consolidation 
 Act," 1845. 
 
 The South Metropolitan Gas Light and Coke Companies Act, 1869, section 
 69 contains a similar enactment. 
 
 (c) This and section 41 are (so far as they relate to the City) repealed by 
 the City of London Gas Act, 1868, and by the South Metropolitan Gas Light 
 and Coke Company's Act, 1869, section 4, and schedule (so far as relates to 
 that company). Also by the Imperial Gas Act, 1869, as to that company. 
 This and the following sections to 44 inclusive are repealed by the Com- 
 mercial Gas Act, 1875, as to that company.
 
 416 
 Section 41. 
 
 of accounts 
 to be filled 
 up by gas 
 companies. 
 
 Gas corn- 
 
 cause maps 
 of their 
 districts to 
 be made. 
 
 As to de- 
 posit and 
 inspection of 
 the maps. 
 
 Charge for 
 inspection 
 of map. 
 
 Secretary of 
 state may 
 direct pro- 
 ceedings by 
 the attorney- 
 general 
 against gas 
 companies (o). 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 pany, and the Acts of parliament or other authority under which the 
 same is raised, and such other information as the said secretary may 
 require, in order to enable him to ascertain the actual state and con- 
 dition of the concerns of such company; and every gas company shall, 
 after receiving notice in writing signed by the said secretary of the 
 form so required by him to be filled up within two months after the 
 general meeting of the company fill up and forward to the said secre- 
 tary an annual statement of accounts in the form so prescribed, and 
 any company which shall fail to furnish such account shall be liable 
 on conviction before a magistrate to forfeit any sum not exceeding 
 fifty pounds; and such statement shall be laid by the secretary of 
 state before both houses of parliament every year. 
 
 42. Every gas company shall within one year after the passing 
 of this Act cause a map to be made of the district within which 
 their mains or district mains then lie, on a scale not less than 
 six inches to a mile, and shall cause to be marked thereon the line 
 of all their then existing mains and district mains, and shall once 
 in every year correct such map and make additions thereto as 
 will show the line of all their then mains and district mains as 
 aforesaid. 
 
 43. Every map, or a copy thereof, so made by or for each company, 
 with the date expressed thereon of the last time when it was so cor- 
 rected, shall be deposited, certified by their secretary, or clerk by 
 writing under his hand to be a true copy thereof, with the respective 
 clerks of the peace for the counties in which such mains lie, and who 
 are hereby required to receive and keep in safe custody the same; 
 and such maps so deposited shall at all reasonable times be open 
 to the inspection of all local authorities and consumers, and their 
 respective agents, and they respectively may take copies of or 
 extracts from the same ; and every gas company wilfully 'failing 
 to comply with any of the requirements of this Act with respect 
 to maps, and every person having charge of such maps who shall 
 refuse to allow any person to inspect and take copies of or extracts 
 from such maps, shall for every such offence forfeit a sum not exceed- 
 ing ten pounds. 
 
 44. Every clerk of the peace with whom any map shall be deposited 
 under the provisions of this act may charge and take the sum of one 
 shilling for every inspection of such map, and the further sum of two 
 shillings and sixpence for every extract from or copy taken of such 
 map. 
 
 45. If and whenever it appears to the secretary of state that any of 
 the provisions of this Act have been violated or not complied with on 
 the part of any gas company, or that the'gas company are acting in a 
 manner unauthorized by law, and if it appear to him that it would be 
 for the public advantage that the gas company should be restrained 
 from so acting, or compelled to do any act for remedying the wrongful 
 
 (a) A gas company acting under this Act and the Gas Works Clauses Con- 
 solidation Act, 1867, section 29, are not justified in causing a nuisance, even 
 if their gas cannot be made of the requisite purity without so doing ; Attor- 
 ney- General v. Gas Light and Coke Company, L. R. 7 Ch. D. 217. Qucere 
 whether on the construction of the Acts, the companies were under an obli- 
 gation to supply gas.
 
 23 & 24 VICT. c. 125, ss. 4549. 417 
 
 act done by them, the secretary of state may certify the same in writing Section 45. 
 to Her Majesty's attorney-general, and thereupon he, if he be so ad- 
 vised, shall proceed by information, bill, or action, or other such pro- 
 ceeding at law or in equity, as the case requires, to restrain the 
 wrongful acting or to compel the doing of the acts for remedying the 
 wrongful acts; provided always, that the secretary of state shall not 
 give the certificate at a period exceeding one year after the committing 
 of the offence specified in the certificate. 
 
 46. Every penalty imposed by this Act, the recovery and applica- Recovery 
 tion of which is" not otherwise specially provided for by this Act, shall and applica- 
 be recovered on summary conviction before a magistrate, and be en- tion of 
 forced, accounted for, and paid to the receiver of the metropolitan penalties, 
 police district, and shall be apportioned in the same manner as penal- 
 ties or fines, other than fines upon drunken persons, or tipon consta- 
 bles for misconduct, or for assaults upon police constables, are by the 
 
 Act of the third year of Her present Majesty, for regulating police 
 courts in the metropolis, directed to be recovered, enforced, accounted 
 for, paid, and applied (6); and every order or conviction of any magis- 
 trate in respect of any such penalty shall be subject to the like appeal, 
 and upon the same terms, as is by that Act provided in respect of any 
 order or conviction of any magistrate ; and every magistrate by whom 
 any order of conviction is made under this Act shall have the same 
 power of binding over the witnesses examined, and the witnesses 
 shall be entitled to the same allowance of expenses as they would 
 be entitled to in case the order, conviction, and appeal were made 
 under that Act. 
 
 47. Every magistrate shall, for the purposes of this Act, have full Jurisdiction 
 jurisdiction and full powers and authorities, over the parties respec- of magis-. 
 tively, and with respect to making orders on the parties respectively, trates for 
 and otherwise, and as to costs, and may issue every such summons, purposes of 
 warrant and other process, and may take such other proceedings as Act. 
 
 he thinks requisite; and the service of any summons, notice, order, or 
 other process in the matter on such person, or in such manner as a 
 magistrate directs, shall be good service thereof ; and every magistrate 
 may proceed singly in the execution of this Act in such manner as he 
 thinks proper. 
 
 48. Nothing in this Act contained shall extend or be construed to For the 
 extend to authorize or empower any gas company to interfere with protection of 
 or abridge any of the rights or privileges of an^y company established water com- 
 for the supply of water to the inhabitants of any parish or place panics, 
 within the metropolis ; and every gas company shall be answerable 
 
 for any damage, spoil, injury, or mischief which shall be done to any 
 of the pipes, works, or property of any such water company, or 
 which shall or may be sustained by such water company by reason 
 or in consequence of any act, matter, or thing to be done or executed 
 by such gas company, or any of their servants, agents, or workmen. 
 
 49. Whenever any gas company, or their servants, agents or work- For laying 
 men, shall dig or sink any trench" for laying any new mains or pipes, pipes to 
 other than service pipes, for the conveyance of gas or other apparatus convey gas. 
 near to which any pipe belonging to any water company for conveying 
 
 water, or any branch or service pipe for the supply of water to 
 
 (6) See Act for further improving the police in and near the metropolis, 
 2 & 3 Viet. c. 47, sections 22 and 77, and 2 & 3 Viet. c. 71, s. 47. 
 2E
 
 Mode of 
 laying pipes. 
 
 418 APPENDIX. METKOPOLIS GAS ACT, 1860. 
 
 Section 49. an J dwelling house or buildings, shall be laid, such gas company, 
 
 their servants, agents, or workmen, shall give four hours previous 
 
 notice thereof in writing to the manager or chief clerk, or secretary 
 or engineer, of such water company, such notice to be delivered at 
 the principal office of the company between the hours of ten in the 
 morning and four in the afternoon, and shall, under the inspection of 
 the manager or chief clerk, secretary or engineer for the time being 
 of such water company, protect and secure every such water pipe 
 from any injury, and shall also repair any damage that shall be done 
 to such pipe, and in default of repairing such damage the gas com- 
 pany shall for each such default forfeit and pay to the secretary for 
 the time being of such water company, for the use of the said water 
 company, any sum not exceeding five pounds, and also the costs and 
 expenses which shall have been incurred by the said water company 
 in protecting and securing any such water pipe, or in repairing or 
 making good any injury that may have been done thereto by the 
 means aforesaid, such costs and expenses to be ascertained by any 
 justice, and to be recovered in the same manner as any expenses or 
 penalty under this Act may be recovered. 
 
 50. All pipes hereafter to be laid by any gas company for the con- 
 veyance of gas shall be laid at the greatest practicable distance from 
 the nearest part of any pipe then laid down by or by order of any 
 water company for the conveyance of water, and wherever the width 
 of the carriage way or footpath will allow thereof shall be laid at the 
 distance of four feet at least from the nearest part of any such water 
 pipe, unless in cases' where it shall be unavoidably necessary to lay 
 the gas pipe across or nearer to any water pipe, in which case the 
 said gas pipe shall, wherever practicable, be laid over and above the 
 said water pipe, at the greatest practicable distance therefrom, and 
 shall form therewith a right angle, or as near thereto as the situation 
 will admit ; and in every such case the said gas pipe so crossing the 
 said water pipe shall be at least nine feet in length, so that no joint 
 of any gas pipe shall be nearer to any water pipe than four feet at 
 the least, where the width of the road, street, square, market place, 
 lane, alley, passage, court, or other place will admit ; and every such 
 gas pipe so crossing the water pipe shall for the whole length thereof 
 be sufficiently bedded in with good sound clay or other fit materials 
 of a proper consistence, and well worked and rammed into the trench 
 all round the said gas pipe, and in laying down any such gas pipe the 
 gas company shall use such joints as are for the time being of the 
 most improved description for preventing the leakage of gas, and shall 
 in no case join two or more gas pipes together previous to their being 
 laid in the trench, but shall lay each pipe as near as may be in its 
 place in the trench, and shall in such trench properly form the joint- 
 ing with the other pipes to be added thereto with proper and suffi- 
 cient materials, and shall also, whenever practicable, lay and well 
 and sufficiently bed each joint of the main gas pipes and also the 
 joints or screws of the branch or service gas pipes connecting with the 
 main gas pipes, and also the joints of the service or branch pipes for 
 conveying the gas from the main gas pipes to the houses and other 
 buildings, and all other joints, inlets, apertures, or openings which are 
 or shall or may be made in any of the main gas pipes belonging to 
 the company, in such manner and of such material as shall, as far as 
 reasonably practicable, prevent leakage. 
 
 To prevent 51. "Whenever the water which shall be supplied by any water 
 
 further con- company shall be contaminated or affected in any way whatsoever by 
 tamination the gas of any gas company, such gas company shall, within twenty-
 
 23 & 24 VICT. c. 125, ss. 61, 52. 419 
 
 four hours next after notice thereof in writing, signed by any one of Section 51. 
 the directors or by the secretary for the time being of such water 7~~ 
 company, or by any person using the water of such water company, yL^ ( a \ 
 and left at the office of such gas company, cause measures to be taken ' ^ * 
 effectually to prevent such gas from contaminating or affecting the 
 water of such water company ; and in case such gas company shall 
 not within forty-eight hours next after any such notice so left as 
 aforesaid use all reasonable means to effectually remove the cause of 
 such complaint, and prevent all such contamination whereof notice 
 shall be given as aforesaid, then and in every such case such gas 
 company shall on each complaint whereof notice shall be given as 
 aforesaid forfeit and pay to the secretary of such water company, for 
 the use of such water company, the sum not exceeding ten pounds 
 for each day during which the water supplied by such water company 
 shall remain contaminated or affected by the gas of such gas company ; 
 and every such penalty or forfeiture may be recovered for the use of 
 such water company in the same manner as any other penalty or for- 
 feiture imposed by this Act may be levied and recovered. 
 
 52. And whereas it may become a question upon such complaint 
 as aforesaid whether or not the water supplied by any water company For ascertain- 
 within the metropolis be contaminated or affected by the gas of the 1U S ^ the 
 gas company : Be it enacted, that in every such case it shall be lawful wa ^f r 
 for any such water company to dig to and about and to search and 
 examine the mains, pipes, conduits, and apparatus of the gas company 
 adjacent to the pipes of such water company for the purpose of ascer- 
 taining whether or not such contamination proceed or be occasioned 
 by the gas of such gas company, giving twenty-four hours previous 
 notice in writing signed by one of the directors or by the secretary 
 for the time being of such water company, and left at the head office 
 of such gas company, of the intention of such water company so to 
 <lig, search, and examine as aforesaid, and of the time and place or 
 places when and where such digging, search, and examination is in- 
 tended to be made ; and if it shall appear that the said water has 
 been contaminated, and that there has been any escape of gas whereby 
 such contamination has been produced, then and in every such case 
 the costs and expenses of the said digging, search, and examination, 
 and of the repair of the street, road, or place which shall be taken up 
 or disturbed, shall be borne and paid by such gas company, which 
 costs and expenses shall be ascertained and determined, if necessary, 
 by any justice, and may be levied and recovered in the same manner 
 as any penalty or forfeiture imposed by this Act may be levied and 
 recovered: Provided always, that if upon such examination it shall 
 appear that such contamination has not arisen from any escape of 
 gas from any of the mains, pipes, or conduits of the gas company to 
 which such notice shall have been given, then and in every such case 
 the water company by whom or on whose behalf such examination 
 and search shall have been made shall bear and pay all the costs, 
 charges, and expenses of and incident to such examination and search, 
 and shall also make good to such gas company any damage which 
 may be occasioned to their mains, pipes, conduits, or apparatus by 
 such search, and also any injury or damage which may be done in 
 
 (a) See penalties for fouling water in Gas Works Clauses Act, 10 Viet, 
 c. 15, sections 21, 22, and 23 ; Nuisances Removal Act, 1855, section 23, 
 et seq. ; and Public Health Act, 1875, sections 68 and 69. As to pollution 
 of a disused well by works of a gas company, refer to Millington v. 
 Griffiths, 30 L. T. (x.s.) 65. 
 
 2E2
 
 420 
 Section 52. 
 
 Appropriation 
 of penalties in 
 the city of 
 London. 
 
 Saving rights 
 of metropo- 
 litan board of 
 works, ves- 
 tries, and 
 others. 
 
 Saving 
 general juris- 
 diction of 
 courts of law 
 and equity. 
 
 Expenses 
 of Act. 
 
 APPENDIX. METROPOLIS GAS ACT, 1860. 
 
 or about any of the streets, roads, or places which shall be broken up 
 or disturbed in such search, the amount of such damage to be ascer- 
 tained and determined, if necessary, by any justice, and to be levied 
 and recovered in the same manner as any penalty or forfeiture under 
 this Act may be levied and recovered. 
 
 53. All penalties or sums of money ordered and adjudged within 
 the city of London and the liberties thereof to be paid under this 
 Act, and not otherwise appropriated, shall be payable to the Cham- 
 berlain of the city of London, in aid of the expenses of the police of 
 the said city. 
 
 54. Nothing in this Act contained shall avoid, prejudice, or impair 
 any of the powers now exercised by or vested in the metropolitan 
 board of works, or in the commissioners of sewers of the city of 
 London and the liberties thereof, or any powers now vested in any 
 local authority (a) within the metropolis, or any powers now exer- 
 cised or possessed in respect of the manufacture or supply of gas- 
 within the metropolis by any railway company, or by any other 
 person or persons making or supplying gas for his or their own 
 use, and not making or supplying gas to the public as a trade or 
 business (6) : Provided that if the said local authority shall refuse or 
 delay their consent to any company to lay down mains or pipes in. 
 accordance with the provisions of this Act, it shall be lawful for the 
 said Secretary of State under his hand to authorize the same to be 
 laid down without such consent ; and after the date of the applica- 
 tion by such company to the said Secretary of State for such consent 
 no penalty shall be incurred by any default of such company, so far 
 as it is occasioned by such refusal only. 
 
 55. Provided, that no special remedy or provision for giving relief 
 to any person given by this Act shall prejudice or diminish the 
 general jurisdiction of any of Her Majesty's superior courts of law or 
 equity over or with respect to the Acts or defaults in respect of which 
 the special remedies or provisions are so given. 
 
 56. The costs, charges, and expenses of and incident to the passing 
 of this Act, and preliminary thereto, shall be paid by the metropo- 
 litan board of works (c) out of such funds as may be and shall be 
 levied by their authority from the several vestries and district 
 boards, in proportion to their annual ratable valuable, and such 
 amount shall be included in the precept of the metropolitan board 
 under the authority of the Act of the eighteenth and nineteenth 
 years of Her present Majesty, chapter one hundred and twenty, for 
 the local management of the metropolis. 
 
 (a) See as to consent of vestries and district boards in case of works by 
 companies, 18 & 19 Viet. c. 120, section 109, et seq. By the Metropolitan 
 Subways Act, 1868, the metropolitan board are empowered to require com- 
 panies, &c., to use subways, and section 5 imposes penalties for contraven- 
 tion of that provision, and authorizes a board, whether having control of the 
 surface or not, to remove pipes, &c. See the Act, post. 
 
 (b) As to the effect of this saving refer to Imperial Gas lAgU & Coke 
 Company v. West London Junction Gas Company, 14 W. R. 1019; 15 
 L. T. (N.S.) 66. 
 
 (c) A parliamentary agent, who had been retained by certain persons to 
 obtain this Act, was held not entitled to maintain an action against the 
 metropolitan board to recover the costs attending the passing of this Act- 
 Wyatt v. Metropolitan Board of Works, 31 L. J. C. P. 217.
 
 23 & 24 VIOT. c. 125, s. 57 SCHED. 
 
 421 
 
 57. All the expenditure from time to time made or incurred by Section 57. 
 any local authority under the authority of this Act may and shall be ~r~ 
 
 defrayed by the local authority out of any rate raised under the ^p^i 
 
 provisions of the Act of the session of the eighteenth and nineteenth aut jj 0r ;ti es 
 
 years of Her present Majesty, chapter one hundred and twenty, for un( j er fljj s 
 
 the local management of the metropolis. ^ c k 
 
 SCHEDULE TO WHICH FIFTH SECTION OF THE 
 FOREGOING ACT REFERS. 
 
 Name of Gas Company. 
 
 Special Act or Instrument 
 of Incorporation. 
 
 District. 
 
 The Crystal Palace Dis- 
 trict Gas Company. 
 
 The Crystal Palace Dis- 
 trict Gas Company's 
 Act, 1858. 
 
 The District defined by 
 their said special Act. 
 
 The Woolwich, Plum- 
 stead, and Charlton 
 Consumers Gas Com- 
 pany. 
 
 The Woolwich, Plum- 
 stead, and Charlton 
 Consumers Gas Act, 
 1855. 
 
 The District defined by 
 their said special Act. 
 
 The Woolwich Equit- 
 able Gaslight and 
 Coke Company. 
 
 The Woolwich Equit- 
 able Gas Company's 
 Act, 1855. 
 
 The District denned by 
 their said special Act. 
 
 The Wandsworth and 
 Putney Gaslight and 
 Coke Company. 
 
 The Wandsworth and 
 Putney Gas Act, 
 1856. 
 
 The District defined by 
 their said special Act. 
 
 The Brentford Gas 
 Company. 
 
 The Brentford Gas Act, 
 1858. 
 
 The district now ac- 
 tually supplied by the 
 company. 
 
 The Victoria Docks Gas 
 Company. 
 
 The Victoria Docks 
 Gas Act, 1857. 
 
 The district defined by 
 their said special Act. 
 
 The Eltham Gaslight 
 and Coke Company, 
 Limited. 
 
 Articles of Association 
 under the Joint Stock 
 Company's Act, 1856. 
 
 The parish of Eltham. 
 
 The West Ham Gas 
 Company. 
 
 The West Ham Gas 
 Company's Act, 1856. 
 
 The district defined by 
 their said special Act. 
 
 Mitcham, Merton, and 
 Tooting Gas Com- 
 pany. 
 
 Articles of Association 
 under 7 & 8 Victoria, 
 cap. 110. 
 
 The parishes and vil- 
 lages of and adjacent 
 to Mitcham, Merton, 
 and Tooting.
 
 AN ACT 
 
 FOE THE SAFE KEEPING OF PETROLEUM AND OTHER 
 SUBSTANCES OF A LIKE NATURE. 
 
 34 & 35 VICT. CAP. 105. 
 
 21ST AUGUST, 1871. 
 
 Short title 
 of Act. 
 Interpreta- 
 tion of 
 certain terms 
 in the 
 Act: 
 " Borough :" 
 
 WHEREAS it is expedient to consolidate and amend the law relat- 
 ing to the safe keeping of petroleum and other substances of a like 
 nature : 
 
 Be it enacted "by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 1. This Act may be cited as " The Petroleum Act, 1871." (a) 
 
 2. Tn this Act, if not inconsistent with the context, the following 
 terms have the meanings hereinafter assigned to them ; (that is 
 to say,) 
 
 The term " borough" means 
 
 In England any place for the time being subject to the provisions 
 of the Act of the session of the fifth and sixth years of the reign 
 of King William the Fourth, chapter seventy-six, " to provide for 
 the regulation of municipal corporations in England and 
 Wales," and the Acts amending the same ; 
 
 In Scotland any royal burgh and any burgh or town returning 
 or contributing to return a member or members to serve in 
 parliament ; 
 
 (a) By the 17th section of the present Act, the Acts mentioned in schedule 
 2 are repealed to the extent therein mentioned. The Acts specified are 
 25 & 26 Viet. c. 66, an Act for the safe keeping of petroleum, which is 
 wholly repealed ; the 29 & 30 Viet. c. 69, the Carriage and Deposit of 
 Dangerous Goods Act, 1866, of which sections 8 and 9 are repealed ; and 
 31 & 32 Viet. c. 56, the Petroleum Act, 1868, the whole of which is 
 repealed. The 8th section of 29 & 30 Viet. c. 69, extended the Act of 
 25 & 26 Viet. c. 66. to nitro-glycerine, save that so much of the Act as 
 specified the maximum quantity of petroleum to be kept without a license 
 was not to apply in the case of nitro-glyccrine. The 9th section extended 
 the same Act to any substance for the time being declared by any order in 
 council to be specially dangerous. See now the Explosives Act, 1875, post. 
 The duration of the present Act was for one year, i.e. to one year to Oct. 1, 
 1872. It has since been continued by annual statutes, of which the last was 
 the 41 & 42 Viet. c. 70, Sched. I.
 
 THE PETROLEUM ACT, 1871, 84 & 35 VICT. c. 105, ss. 2, 3. 423 
 
 In Ireland any place for the time being subject to the provisions of Section 2. 
 the Act of the session of the third and fourth years of the reign 
 of Her present Majesty, chapter one hundred and eight, " for 
 the regulation of municipal corporations in Ireland, and the Acts 
 amending the same :" 
 
 The term " person" includes a body corporate : " Person :" 
 
 The term " secretary of state" means one of Her Majesty's prin- Secretary 
 
 cipal secretaries of state : of State :" 
 
 The term " lord lieutenant" means the lord lieutenant of Ireland L or< j 
 or the lords justices or other chief governors or governor of lieutenant:" 
 Ireland for the time being : 
 
 The term " harbour" means any harbour properly so called, whether " Harbour :" 
 natural or artificial, and any port, haven, estuary, tidal river or 
 other river, canal or inland navigation navigated by sea-going 
 ships, and any dock, pier, jetty, or other works in or at which 
 ships do or can ship or unship goods or passengers : 
 
 The term "harbour authority" includes any persons or person "Harbour 
 being or claiming to be proprietors or proprietor of or intrusted authority :" 
 with the duty or invested with the power of improving, main- 
 taining, or managing any harbour : 
 The term " ship" includes every description of vessel used in navi- " Ship :" 
 
 gation, whether propelled by oars or otherwise : 
 
 The term " Summary Jurisdiction Acts" means as follows : Summary 
 
 As to England, the Act of the session of the eleventh and twelfth Jurisdiction 
 years of the reign of Her present Majesty, chapter forty-three, Acts:" 
 intituled " An Act to facilitate the performance of the duties 
 of justices of the peace out of sessions within England and 
 Wales with respect to summary convictions and orders," and 
 any Acts amending the same ; 
 
 As to Scotland, " The Summary Procedure Act, 1864 ;" 
 As to Ireland, within the police district of Dublin metropolis, the 
 Acts regulating the powers and duties of justices of the peace 
 for such district, or of the police of such district ; and elsewhere 
 in Ireland, "The Petty Sessions (Ireland) Act, 1851," and any 
 Act amending the same : 
 
 The term " court of summary jurisdiction" means and includes any " Court of 
 justice or justices of the peace, sheriff or sheriff substitute, metro- summary 
 politan police magistrate, stipendiary or other magistrate, or jurisdic- 
 oflicer, by whatever name called, to whom jurisdiction is given ^ on '" 
 by the Summary Jurisdiction Acts or any Acts therein referred 
 to, or to proceedings before whom the pro-visions of the Summary 
 Jurisdiction Acts are or may be made applicable : 
 
 The term " county rate" means as regards Scotland the county " County 
 general assessment leviable in pursuance of " The County General j-ate. 
 Assessment (Scotland) Act, 1868," and as regards Ireland the 81 * &i Vict - 
 grand jury cess. - ' 
 
 3. For the purposes of this Act the term " petroleum" includes any Definition of 
 
 rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal, " petroleum" 
 
 schist, shale, peat, or other bituminous substance, and any products an d appli- 
 
 of petroleum, or any of the above-mentioned oils ; and the term cation of 
 
 " petroleum to which this Act applies," means such of the petroleum Act (*) 
 
 (J) By section 14 this Act may be extended by order in council to any 
 substance, and the Act, or the part of it specified in the order, shall during 
 the continuance of the order have effect as if such substance had been in- 
 cluded in the definition of petroleum to which the Act applies.
 
 424 
 Section 3. 
 
 Bye-laws 
 as to ship 
 carrying 
 petroleum. 
 
 Notice by 
 owner or 
 master of 
 ship carry- 
 ing petro- 
 leum. 
 
 APPENDIX. THE PETROLEUM ACT, 1871. 
 
 so defined as, when tested in manner set forth in schedule one to this 
 Act, gives off an inflammable vapour at a temperature of less than 
 one hundred degrees of Fahrenheit's thermometer. 
 
 4. Every harbour authority (a) shall frame and submit for confir- 
 mation to" the board of trade bye-laws for regulating the place or 
 places at which ships carrying petroleum to which this Act applies 
 are to be moored in the harbour over which such authority has juris- 
 diction, and are to land their cargo, and for regulating the time and 
 mode of, and the precautions to be taken on, such landing. The 
 harbour authority shall publish the bye- laws so framed with a notice 
 of the intention of such authority to apply for the confirmation 
 thereof. The board of trade may confirm such bye-laws with or 
 without any omission, addition, or alteration, or may disallow the 
 same. 
 
 Every such bye-law when confirmed shall be published by the 
 harbour authority, and may be from time to time altered or repealed 
 by a bye-law made in like manner. Bye-laws under this section 
 shall be published in such manner as the board of trade may from 
 time to time direct. 
 
 If at any time it appears to the board of trade that there is no 
 bye-law for the time being in force under this section in any harbour 
 the board of trade may, by notice, require the harbour authority of 
 such harbour to frame and submit to them a bye-law for the purposes 
 of this section, and if such harbour authority make default in fram- 
 ing a bye-law and obtaining the confirmation thereof within the time 
 limited by such notice the board of trade may make a bye-law for the 
 purposes of this section, and such bye-law shall have the same effect 
 as if it had been framed by the harbour authority and confirmed by 
 the board of trade. 
 
 Where any ship or cargo is moored, landed, or otherwise dealt 
 with in contravention of any bye-law for the time being in force 
 under this Act in any harbour, the owner and master of such ship, 
 or the owner of such cargo, as the case may be, shall each incur a 
 penalty (b) not exceeding fifty pounds for each day during which 
 such contravention continues, and it shall be lawful for the harbour- 
 master or any other person acting under the orders of the harbour 
 authority of such harbour to cause such ship or cargo to be removed, 
 at the expense of the owner thereof, to such place as may be in con- 
 formity with the said bye-law, and all expenses incurred in such 
 removal may be recovered in the same manner in which penalties 
 are by this Act made recoverable. 
 
 5. The owner or master of every ship carrying a cargo any part of 
 which consists of petroleum to which this Act applies, on entering 
 any harbour within the United Kingdom, shall give notice of the 
 nature of such cargo to the harbour authority having jurisdiction over 
 such harbour. 
 
 If such notice is not given the owner and master of such ship 
 shall each incur a penalty not exceeding the sum of five hundred 
 pounds, unless it is shown to the satisfaction of the court before 
 which the case is tried that neither the owner nor the master knew 
 the nature of the goods to which the proceedings relate, nor could 
 with reasonable diligence have obtained such knowledge. 
 
 (a) See definition of " harbour authority," section 2, supra. 
 
 (b) As to penalties, see section 15.
 
 34 & 35 VICT. c. 105, ss. 6, 7. 425 
 
 6. Where any petroleum to which this Act applies Section 6. 
 (a.) Is kept at any place except dirring the seven days next after Label on 
 
 it has been imported ; or, vessels con- 
 
 (6.) Is sent or conveyed by land or water between any two places taining 
 
 in the United Kingdom ; or, petroleum, 
 (c.) Is sold or exposed for sale ; 
 
 the vessel containing such petroleum shall have attached thereto a 
 label in conspicuous characters, stating the description of the petro- 
 leum, with the addition of the words " highly inflammable," and with 
 the addition. 
 
 (a.) In the case of a vessel kept, of the name and address of the 
 consignee or owner : 
 
 (&.) In the case of a vessel sent or conveyed, of the name and 
 address of the sender : 
 
 (c.) In the case of a vessel sold or exposed for sale, of the name 
 
 and address of the vendor. 
 
 All petroleum to which this Act applies which is kept, sent, con- 
 veyed, sold, or exposed for sale, in contravention of this section shall, 
 together with the vessel containing the same, be forfeited, and in 
 addition thereto the person keeping, sending, selling, or exposing for 
 sale the same shall for each offence be liable to a penalty not exceed- 
 ing five pounds. 
 
 7. Save as hereinafter mentioned, after the passing of this Act Regulations 
 petroleum to which this Act applies (c) shall not be kept, except in as to storage 
 pursuance of a license (d) given by such local authority (e) as is in this * petroleum. 
 Act mentioned. 
 
 All petroleum kept in contravention of this section shall, together 
 with the vessel containing the same, be forfeited, and in addition 
 thereto the occupier of the place in which such petroleum is so kept 
 ehall be liable to a penalty not exceeding twenty pounds a day for 
 each day during which such petroleum is so kept (/). 
 
 This section shall not apply to any petroleum kept either for 
 private use or for sale, provided the following conditions are com- 
 plied with : 
 
 (1.) That it is kept in a separate glass, earthenware, or metal 
 vessels, each of which contains not more than a pint, and is 
 securely stopped : 
 
 <2.) That the aggregate amount kept, supposing the whole con- 
 tents of the vessels to be in bulk, does not exceed three 
 
 (c) See definition of petroleum and application of Act, section 3, supra, 
 and section 11 as to testing petroleum and dynamite in schedule one. 
 
 (d) The mode of granting licenses is provided for by section 9. 
 
 (e) See section 8 for definition of " local authority." 
 
 (/) See as to search warrant for petroleum, section 13. As to summary 
 proceedings for the recovery of penalties, constitution of court of summary 
 jurisdiction, &c., see section 15. See as to sufficiency of test of petroleum 
 under section 6 of the repealed Act, the Petroleum Act, 1868 ; Seek v. 
 Stringer, L. E. 6 Q. B. 497. Under section 4 of the same ^Act it was 
 decided, that all petroleum proper, whether giving off any inflammable 
 vapour under 100 degrees or not, was within the Act, and that, therefore, 
 the keeping of any such petroleum otherwise than for private use within 
 50 yards of a dwelling or storehouse without a license, was prohibited by 
 section 4; Jones v. Cook, L. R. 6 Q. B. 505.
 
 426 
 
 Section 8. 
 
 Definition 
 of local 
 authority. 
 
 Mode of 
 licenses. 
 
 APPENDIX. THE PETROLEUM ACT, 1871. 
 
 8. The following bodies shall respectively be the local authority to 
 grant licenses under this Act in the districts hereinafter mentioned ; 
 (that is to say,) 
 
 (1.) In the city of London, except as hereafter in this section men- 
 tioned, the court of the lord mayor and aldermen of the said 
 city : 
 
 (2.) In the metropolis (that is, in places for the time being within 
 the jurisdiction of the metropolitan board of works under 
 the Metropolis Management Act, 1855), except the city of 
 London, and except as hereafter in this section mentioned, 
 the metropolitan board of works : 
 
 (3.) In any borough in England or Ireland, except as hereafter in 
 this section mentioned, the mayor, aldermen, and burgesses 
 acting by the council : 
 
 (4.) In any place in England or Ireland, except as hereafter in this 
 section mentioned, within the jurisdiction of any trustees or 
 improvement commissioners appointed under the provisions 
 of any local or general Act of parliament, and not being a 
 borough or comprising any part of a borough, the trustees 
 or commissioners : 
 
 (5.) In any place in England (except as hereafter in this section 
 mentioned) Avithin the jurisdiction of a local board consti- 
 tuted under the Local Government Act, 1858, and not being 
 any of the districts before mentioned or comprising any part 
 of any such district, the local board : 
 
 (6.) In any borough in Scotland, except as hereafter in this section 
 mentioned, the town council : 
 
 (7.) In any place in Scotland, except as hereafter in this section 
 mentioned, within the jurisdiction of police commissioners 
 or trustees exercising the functions of police commissioners 
 under any general or local Act, and not being a borough or 
 comprising any part of a borough, the police commissioners 
 or trustees : 
 
 (8.) In any harbour within the jurisdiction of a harbour authority, 
 whether situate or not within the jurisdiction of any local 
 authority before in this section mentioned, the harbour 
 authority, to the exclusion of any other local authority : 
 
 (9.) In any place in which there is no local authority as before in 
 this section defined, in England or Ireland, the justices in 
 petty sessions assembled, and in Scotland any two or more 
 justices of the peace for the county sitting as judges in the 
 justice of peace court. 
 
 9. Licenses in pursuance of this Act shall be valid if signed by 
 two or more of the persons constituting the local authority, or exe- 
 cuted in any other way in which other licenses, if any, granted by 
 such authority are executed. Licenses may be granted for a limited 
 time and may be subject to renewal or not in such manner as the 
 local authority think necessary. 
 
 There may be annexed to any such license such conditions as to 
 the mode of storage, the nature and situation of the premises in 
 which, and the nature of the goods with which petroleum to which 
 this Act applies is to be stored, the facilities for the testing of such 
 petroleum from time to time, the mode of carrying such petroleum 
 within the district of the licensing authority, and generally as to the 
 safe keeping of such petroleum as may seem expedient to the local 
 authority.
 
 84 & 85 VICT. c. 105, ss. 911. 427 
 
 Any licensee violating any of the conditions of his license shall be Section 9. 
 deemed to be an unlicensed person. There may be charged in respect 
 of each license granted in pursuance of this Act such sum, not 
 exceeding five shillings, as the local authority may think fit to charge. 
 
 10. If on any application for a license under this Act the local j n cage Q ^ 
 authority refuse the license, or grant the same only on conditions refusal of 
 with which the applicant is dissatisfied, the local authority shall, if i; cense ^ e 
 required by the applicant, deliver to him in writing under the hand a ppii can t 
 or hands of one or more of the persons constituting the local ma y memo- 
 authority, a certificate of the grounds on which they refused the rialize secre- 
 license or annexed conditions- to the grant thereof. tary of 
 
 The applicant within ten days from the time of the delivery of state or 
 the certificate may transmit the same to a secretary of state if" the lord lieu- 
 application is for a license in England or Scotland, and to the lord tenant, 
 lieutenant if the application is for a license in Ireland, together 
 with a memorial, praying that notwithstanding such refusal the 
 license may be granted, or that the conditions may not be imposed, 
 or may be altered or modified in such manner and to such extent as 
 may be set forth in such memorial. 
 
 It shall be lawful for the secretary of state, or the lord lieutenant, 
 if he think fit, on consideration of such memorial and certificate, and, 
 if he think it necessary or desirable, after due inquiry and a report 
 by such person as he may appoint for that purpose, to grant the 
 license prayed for, either absolutely or with such conditions as he 
 thinks fit, or to alter or modify the conditions imposed by the local 
 authority ; and the license so granted, or altered and modified, as the 
 case may be, when certified under the hand of a secretary of state, or 
 the lord lieutenant, shall be to all intents as valid as if granted by 
 the local authority. 
 
 11. Any officer authorized by the local authority may purchase Testing of 
 any petroleum from any dealer in it, or may, on producing a copy of petroleum by 
 his appointment, purporting to be certified by the clerk or some officer of 
 member of the local authority, or producing some other sufficient local 
 authority, require the dealer to show him every or any place, and authority. 
 all or any of the vessels in which any petroleum in his possession is 
 kept, and to give him samples of such petroleum on payment of the 
 value of such samples. 
 
 When the officer has by either of the means aforesaid taken samples 
 of petroleum, he may declare in writing to the dealer that he is about 
 to test the same, or cause the same to be tested, in manner set forth 
 in schedule one to this Act, and it shall be lawful for him to test the 
 same or cause the same to be tested, at any convenient place at 
 such reasonable time as he may appoint, and the dealer or any 
 person appointed by him may be present at the testing, and if it 
 appear to the officer or other person so testing that the petroleum 
 from which such samples have been taken is petroleum to which 
 this Act applies, such officer or other person may certify such fact, 
 and the certificate so given shall be receivable as evidence in any 
 proceedings that may be taken against a dealer in petroleum in pur- 
 suance of this Act ; but it shall be lawful for a dealer proceeded 
 against to give evidence in proof that such certificate is incorrect, 
 and thereupon the court before which any such proceedings may 
 be taken may, if such court think fit, appoint some person skilled 
 in testing petroleum to examine the samples to which such certi- 
 ficate relates, and to declare whether such certificate is correct or 
 incorrect.
 
 428 APPENDIX. THE PETKOLEUM ACT, 1871. 
 
 Section 11. Any expenses incurred in testing any petroleum of sucli dealer in 
 
 pursuance of this section shall, if such dealer be convicted of keeping, 
 
 sending, conveying, selling, or exposing for sale, petroleum in con- 
 travention of this Act, be deemed to be a portion of the costs of 
 the proceedings against him, and shall be paid by him accord- 
 ingly. In any other event such expenses shall be paid by the 
 local authority out of any funds for the time being in their hands, 
 and in case the local authority are the justices, out of the county 
 rate. 
 
 Penalty for 12. Any dealer who refuses to show to any officer authorized by 
 
 refusing in- the local authority every or any place or all or any of the vessels in 
 
 formation and which petroleum in his possession is kept, or to give him such assis- 
 
 obstructing tance as he may require for examining the same, or to give to such 
 
 officer. officer samples of such petroleum on payment of the value of such 
 
 samples, or who wilfully obstructs the local authority, or any officer of 
 
 the local authority, in the execution of this Act, shall incur a penalty 
 
 not exceeding twenty pounds. 
 
 Search for 13. Where any court of summary jurisdiction is satisfied by in- 
 
 petroleuin. formation on oath that there is reasonable ground to believe that any 
 
 See 23 & 24 petroleum to which this Act applies is being kept, sent, conveyed, 
 
 Viet. c. 139, or exposed for sale within the jurisdiction of such court in con- 
 
 s- 0- travention of this Act, at any place, whether a building or not, or 
 
 in any ship or vehicle, such court shall grant a warrant by virtue 
 
 whereof it shall be lawful for any person named in such warrant to 
 
 enter the place, ship, or vehicle named in such warrant, and every 
 
 part thereof, and examine the same and search for petroleum 
 
 therein, and take samples of any petroleum found therein, and if 
 
 any petroleum to which this Act applies be found therein, which is 
 
 kept, sent, conveyed, or exposed for sale, in contravention of this Act, 
 
 to seize and remove such petroleum, and the vessel containing the 
 
 same, and to detain such petroleum and vessel until some court of 
 
 summary jurisdiction has determined whether the same are or not 
 
 forfeited, the proceedings for which forfeiture shall be commenced 
 
 forthwith after the seizure. 
 
 Any person seizing any petroleum to which this Act applies in 1 
 pursuance of this section shall not be liable to any suit for detain- 
 ing the same, or for any loss or damage incurred in respect of such 
 petroleum, otherwise than by any wilful act or neglect while the same 
 is so detained. 
 
 If any petroleum to which this Act applies is seized in pursuance 
 of this section in any ship or vehicle, the person seizing the same 
 may use for the purposes of the removal thereof, during twenty-four 
 hours after the seizure, the said ship or vehicle, with the tackle, 
 beasts, and accoutrements belonging thereto, and if he do so shall 
 pay to the owner thereof a reasonable recompense for the use thereof, 
 and the amount of such recompense shall, in case of dispute, be settled 
 by the court of summary jurisdiction before whom proceedings for 
 the forfeiture are taken, and may be recovered in like manner as 
 penalties under this Act may be recovered. 
 
 Any person who, by himself or by any one in his employ or acting 
 by his direction or with his consent, refuses or fails to admit into any 
 place occupied by or under the control of such person, any person 
 demanding to enter in pursuance of this section, or in any way 
 obstructs or prevents any person in or from making any such search, 
 examination, or seizure, or taking any such samples as authorized by 
 this section, shall be liable to pay a penalty not exceeding twenty
 
 34 & 35 VICT. c. 105, ss. 1315. 429 
 
 pounds, and to forfeit all petroleum to which this Act applies which Section 13. 
 is found in his possession or under his control. 
 
 14. Her Majesty may from time to time make, revoke, and Application 
 vary orders in council directing this Act or any part thereof to of Act to 
 apply to any substance, and this Act, or the part thereof specified other sub- 
 in the order shall, during the continuance of the order, apply to stances, 
 such substance, and shall be construed and have effect as if 
 throughout it such substance had been included in the definition 
 
 of petroleum to which this Act applies, sxibject to the following 
 qualifications. 
 
 (1.) The quantity of any substance to which this Act is directed by 
 order in council to apply, which may be kept without a 
 license, shall be such quantity only as is specified in that 
 behalf in such order, or if no such quantity is specified no 
 quantity may be kept without a license. 
 
 (2.) The label on the vessel containing such substance shall be such 
 as may be specified in that behalf in the order. 
 
 15. In England and Ireland all offences and penalties under this Summary 
 Act, and all moneys and costs directed by this Act to be recovered as proceedings 
 penalties, may be prosecuted and recovered in manner provided by the for offences, 
 Summary Jurisdiction Acts. penalties, &c. 
 
 In Scotland all offences and penalties under this Act, and all 
 money and expenses by this Act directed to be recovered as penalties, 
 shall, save as hereinafter provided, be prosecuted and recovered at the 
 instance of the procurator fiscal or of any officer authorized in that 
 behalf by the harbour authority or local authority under the provisions 
 
 tion, and all necessary powers and jurisdictions are hereby conferred 
 on such court in Scotland. 
 
 Provided as follows : 
 
 1. A court of summary jurisdiction shall not impose a penalty 
 exceeding fifty pounds, but any such court may impose that or any less 
 penalty for any one offence, notwithstanding the offence involves a 
 
 penalty of higher amount. 
 2. In Scotland 
 
 any penalty exceeding fifty pounds shall be re- 
 covered and enforced in the same manner in which any penalty due 
 to Her Majesty under any Act of parliament may be recovered and 
 enforced. 
 
 3. The court of summary jurisdiction, when hearing and deter- 
 mining an information or complaint, shall be constituted in some one 
 of the following manners ; (that is to say,) 
 
 (a.) In England, either of two or more justices of the peace in 
 petty sessions sitting at a place appointed for holding 
 petty sessions, or of one of the magistrates hereinafter 
 mentioned, sitting alone or with others at some court or 
 other place appointed for the administration of justice ; 
 that is to say, the lord mayor, or an alderman of the city 
 of London, a metropolitan police magistrate, a stipendiary 
 magistrate, or some other officer or officers for the time 
 being empowered by law to do alone or with others any 
 act authorized to be done by more than one justice of the 
 
 (6.) In Scotland, of two or more justices of the peace sitting as 
 judges in a justice of the peace court, or of one of the 
 magistrates hereinafter mentioned sitting alone or with 
 others at some court or other place appointed for the
 
 430 APPENDIX. THE PETROLEUM ACT, 1871. 
 
 Section 15. administration of justice ; that is to say, the sheriff of the 
 
 county or his substitute, or the provost or other magistrate 
 of a royal burgh, or some other officer or officers for the 
 time being empowered by law to do alone or with others any 
 act authorized to be done by more than one justice of the 
 peace : 
 
 (e.) In Ireland, within the police district of Dublin metropolis, of 
 one of the divisional justices of the police district of Dublin 
 metropolis, sitting at a police court within the said district ; 
 and elsewhere, of a stipendiary magistrate, sitting alone or 
 with others, or of two or more justices of the peace in 
 petty sessions, sitting at a place appointed for holding petty 
 sessions. 
 
 4. The description of any offence under this Act in the words of 
 such Act shall be sufficient in law. 
 
 5. Any exception, exemption, proviso, excuse, or qualification, 
 whether it does or not accompany the description of the offence in 
 this Act, may be proved by the defendant, but need not be specified 
 or negatived in the information, and if so specified or negatived, no 
 proof in relation to the matters so specified or negatived shall be 
 required on the part of the informant or prosecutor. 
 
 6. No conviction or order made in pursuance of this Act shall be 
 quashed for want of form or be removed by certiorari or otherwise, 
 either at the instance of the crown or of any private party, into any 
 superior court. Moreover, no warrant of commitment shall be held 
 void by reason of any defect therein, provided that there is a valid 
 conviction to maintain such warrant, and it is alleged in the warrant 
 that the party has been convicted. 
 
 7. All forfeitures may be sold or otherwise disposed of in such 
 manner as the court may direct. 
 
 8. In Scotland all penalties imposed under the provisions of this 
 Act by a court of summary jurisdiction may be enforced in default 
 of payment by imprisonment for a term not exceeding three 
 calendar months ; and all such penalties recovered and the proceeds 
 of all forfeitures sold under this Act shall be paid to the clerk of 
 the court of summary jurisdiction, and by him accounted for and 
 paid to the persons and for the purposes under stated ; (that is to 
 say,) 
 
 (a.) To the Queen's and lord treasurer's remembrancer, on behalf 
 
 of Her Majesty, when the court is the sheriff's court : 
 (6.) To the collector of county rates in aid of the general 
 
 county assessment when the court is the justice of the 
 
 peace court : 
 (c.) To the treasurer of the burgh in aid of the funds of the burgh 
 
 when the court is a burgh court. 
 
 9. In Ireland all penalties recovered under the provisions of this 
 Act shall be applied according to the fines, Ireland, Act, 1851, or any 
 Act amending the same. 
 
 Eeservatiou 
 of previous 
 powers with 
 respect to 
 inflammable 
 substances. 
 
 16. All powers given by this Act shall be deemed to be in addition 
 to and not in derogation of any other powers conferred on any local 
 or harbour authority by Act of parliament, law, or custom, and 
 eveiy local authority and harbour authority may exercise such other 
 powers in the same manner as if this Act had not passed ; and 
 nothing in this Act contained shall be deemed to exempt any person 
 from any penalty to which he would otherwise be subject in respect 
 of a nuisance.
 
 34 & 85 VICT. c. 105, us. 17, 18 SOHED. 1. 431 
 
 17. The Acts mentioned in schedule two to this Act are hereby Section 17. 
 repealed to the extent in that schedule mentioned. _ ~j 
 
 Provided that such appeal shall not affect any order in council J^ ea 
 made, or any license granted, under any Act hereby repealed or 
 any liability or penalty incurred in respect of any offence committed 
 before the passing of this Act, or any remedy or proceeding for 
 enforcing such liability or penalty, and every such order, so far as 
 relates to the matters provided for by this Act, and every such 
 license, shall have effect as if it had been made or granted under this 
 Act. 
 
 18. This Act shall continue in force until the first day of October Duration of 
 one thousand eight hundred and seventy-two, and no longer. Act (a). 
 
 SCHEDULES. 
 
 SCHEDULE ONE. 
 
 Directions for testing petroleum to ascertain the temperature at 
 which it gives off inflammable vapour. 
 
 The vessel which is to hold the oil shall be of thin sheet iron ; it 
 shall be two inches deep and two inches wide at the opening, 
 tapering slightly towards the bottom ; it shall have a flat rim, with 
 a raised edge one quarter of an inch high round the top ; it shall be 
 supported by this rim in a tin vessel four inches and a half deep and 
 four and a half inches in diameter ; it shall also have a thin wire 
 stretched across the opening, which wire shall be so fixed to the edge 
 of the vessel that it shall be a quarter of an inch above the surface of 
 the flat rim. The thermometer to be used shall have a round bulb 
 about half an inch in diameter, and is to be graduated upon the scale 
 of Fahrenheit, every ten degrees occupying not less than half an inch 
 upon the scale. 
 
 The inner vessel shall be filled with the petroleum to be tested, 
 but care must be taken that the liquid does not cover the flat rim. 
 The outer vessel shall be filled with cold, or nearly cold, water ; a 
 small flame shall be applied to the bottom of the outer vessel, and the 
 thermometer shall be inserted into the oil so that the bulb shall be 
 immersed about one and a half inches beneath the surface. A screen 
 of pasteboard or wood shall be placed round the apparatus, and shall 
 be of such dimensions as to surround it about two-thirds, and to reach 
 several inches above the level of the vessels. 
 
 When heat has been applied to the water until the thermometer 
 has risen to about ninety degrees Fahrenheit, a very small flame shall 
 be quickly passed across the surface of the oil on a level with the 
 wire. If no pale blue flicker or flash is produced, the application of 
 the flame is to be repeated for every rise of two or three degrees in 
 the thermometer. When the flashing point has been noted, the test 
 shall be repeated with a fresh sample of the oil, using cold, or nearly 
 cold, water as before, withdrawing the source of heat from the outer 
 
 (a) This Act has been continued by annual statutes, the last of which 
 was the 41 & 42 Viet. c. 70, Sched. L, extending the duration of the Act 
 until the 31st December, 1879.
 
 432 
 
 APPENDIX. THE PETROLEUM ACT, 1871. 
 
 Sched. 1. vessel when the temperature approaches that noted in the first experi- 
 ment, and applying the flame test at every rise of two degrees in the 
 thermometer. 
 
 SCHEDULE TWO. 
 
 Tear and Chapter. 
 
 Title. 
 
 Extent of Repeal. 
 
 25 & 26 Viet. c. 66. 
 
 An Act for the safe keeping 
 of Petroleum. 
 
 The whole Act. 
 
 29 & 30 Viet. c. 69. 
 
 The Carriage and Deposit of 
 Dangerous Goods Act, 1866. 
 
 Sections eight and 
 nine. 
 
 31 & 32 Viet. c. 56. 
 
 The Petroleum Act, 1868. 
 
 The whole Act.
 
 AN ACT 
 
 TO AMEND THE LAW WITH RESPECT TO MANUFAC- 
 TURING, KEEPING, SELLING, CARRYING, AND 
 IMPORTING GUNPOWDER, NITRO-GLYCERINE, AND 
 OTHER EXPLOSIVE SUBSTANCES. 
 
 38 VICT. CHAP. 17. 
 
 UTH JUNE, 1875. 
 
 BE it enacted by the Queen's most Excellent Majesty, by and 
 with the advice and consent of the Lords spiritual and tem- 
 poral, and Commons, in this present parliament assembled, and by 
 the authority of the same, as follows : 
 
 Preliminary. 
 1. This Act may be cited as the Explosives Act, 1875 (a). Short title. 
 
 (a) This Act which amends the law respecting the manufacture, keeping, 
 selling, conveying and importing gunpowder and other explosive substances, 
 by section 122 repeals the Acts mentioned in Schedule 4, namely, 23 & 24 
 Viet. c. 139, 24 & 25 Viet. c. 130, 25 & 26 Viet. c. 98, 29 & 30 Viet. c. 69, 
 32 & 33 Viet. c. 113, and a portion of section 26 of the Volunteer Act, 1863, 
 26 & 27 Viet. c. 65. The first part of this Act embodies the law relating 
 to the manufacture and keeping of gunpowder, the licensing and regula- 
 tion of factories and magazines, the licensing and regulation of consumers' 
 stores for gunpowder, the registration and regulation of premises for retail 
 dealing, with certain subsidiary provisions, and the sale and conveyance of 
 gunpowder. The 2nd part contains the law applicable to explosives other 
 than gunpowder, and specially dangerous explosives, with provisions in 
 favour of certain specified manufacturers and dealers. The 3rd part pro- 
 vides for the appointment of government inspectors and their powers and 
 duties, and the powers and duties of local authorities, with a power of 
 search by specified officers and proceedings thereon. The 4th part contains 
 supplementary provisions with respect to legal proceedings, the power of 
 arrest, &c., and as to exemptions and savings from the operation of the Act 
 and other matters. The 54th section of the former Metropolitan Building 
 Act, 7 & 8 Viet. c. 84, which is excepted from the provisions repealed by 
 the present Building Act, 18 & 19 Viet. c. 122, prohibits the erection, &c., 
 of buildings within a certain distance of buildings used for dangerous busi- 
 nesses, such as the manufacture of gunpowder and other substances liable 
 2 P
 
 484 
 
 Section 2. 
 
 Commence- 
 ment of 
 Act (a). 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 2. This Act shall come into operation on the first day of January, 
 one thousand eight hundred and seventy-six, in this Act referred to 
 as the commencement of this Act ; but any order in council, order, 
 general rules, and bye-laws, and any appointment to an oflice, may 
 be made under this Act at any time after the passing thereof, but 
 shall not take effect until the commencement of this Act. 
 
 to sudden explosion, and imposes penalties for any breach of its provisions. 
 It is a nuisance at common law to erect gunpowder mills or keep gunpowder 
 in a dangerous situation ; 2 Str. 1167 ; Holt's Ca. 499. And this Act by 
 section 102, provides that the Act shall not, except as expressly provided, 
 exempt any person from actions or suits for nuisances, tort, or otherwise, or 
 from indictment or other proceedings for a nuisance, &c., so that no person 
 be punished twice for the same offence. See 2 & 3 Viet. c. 47, empowering 
 superintendents or inspectors belonging to the metropolitan police force to 
 enter ships in the Thames to search for unlawful quantities of gunpowder ; 
 and section 37 of same Act, imposing penalties for heating or melting com- 
 bustible matters on board any ship, &c., on the river Thames, between West- 
 minster Bridge and Blackwall. 
 
 The following orders in council and orders of the secretary of state made 
 under this Act will be found in the appendix to the Guide Book to the 
 Explosives Act, 1875, by Major Majendie, R.A., Her Majesty's Inspector of 
 Explosives. 
 
 Orders in Council. 
 
 Order in Council No. 1, classifying explosives. 
 
 ,1 j, No. 2, making general rules for factories for explosives 
 
 other than gunpowder. 
 
 ,j No. 3, relating to magazines for explosives other than 
 
 gunpowder, whether with or without gunpowder. 
 
 No. 4, relating to small firework factories. 
 
 No. 5, relating to stores for gunpowder exclusively. 
 
 No. 6, relating to stores licensed for mixed explosives. 
 
 No. 7, relating to premises registered for the keeping of 
 
 mixed explosives. 
 
 No. 8, relating to the keeping of explosive for private use 
 
 and not for sale. 
 
 No. 9, relating to the sale of explosive. 
 
 > No. 10, relating to importation of explosive. 
 
 No. 11, respecting notice to be given of accidents con- 
 
 nected with the conveyance of explosives other than 
 gunpowder. 
 
 Orders of Secretary of State. 
 
 Order of Secretary of State No. 1, applying general rules to floating maga- 
 zines for gunpowder. 
 
 n No. 2, applying general rules to floating maga- 
 
 zines for explosives other than gunpowder, 
 whether with or without gunpowder. 
 
 No. 3, adapting general rules to the packing for 
 
 conveyance of explosives other than gun- 
 powder. 
 
 No. 4, making bye-laws as to the conveyance of 
 
 explosives upon roads and in certain 
 special cases, 
 (a) See definition of expression "this Act," section 108.
 
 38 VIOT. o. 17, ss. 8, 4. 
 
 435 
 
 3. This Act shall apply to gunpowder and other explosives as Section 3. 
 denned by this section (c). 
 
 The term " explosive" in this Act Substances 
 
 (1.) Means gunpowder, nitre-glycerine, dynamite, gun-cotton, JJ.TjJ 
 blasting powders, fulminate of mercury or of other metals, , /i\ 
 coloured fires, and every other substance, whether similar ] 
 to those above mentioned or not, used or manufactured 
 with a view to produce a practical effect by explosion or a 
 pyrotechnic effect ; and 
 
 (2.) Includes fog signals (d), fireworks, fuzes, rockets, percussion 
 caps, detonators, cartridges, ammunition of all descriptions, 
 and every adaptation or preparation of an explosive as above 
 defined. 
 
 PART I. 
 
 LAW RELATING TO GUNPOWDER (e). 
 
 General Law as to Manufacture and Keeping of Gunpowder. 
 
 4. The manufacture of gunpowder shall not, nor shall any pro- 
 cess of such manufacture, be carried on except at a factory for gun- 
 powder either lawfully existing (g) or licensed (h) for the same under 
 this Act. 
 
 Provided that nothing in this section shall apply to the making of 
 a small quantity of gunpowder for the purpose of chemical experi- 
 ment and not for practical use or for sale. 
 
 Gunpowder 
 to be manu- 
 factured 
 only at 
 factory law- 
 fully existing 
 or licensed 
 under this 
 Act(/). 
 
 (5) See note to section 106, infra, as to order of council made under that 
 section defining the composition, quality, and character of explosives, and 
 classifying explosives, and section 104 providing that any]substance declared 
 by order in council to be specially dangerous to life or property as liable to 
 explosion, shall be deemed to be an explosive within the meaning of this 
 Act. See special definitions in section 107, and general definitions in section 
 108 of the Act. 
 
 (c) See exceptions from the Act and savings, section 97, et seq. 
 
 (d) Fog signals were held to be fireworks under the 23 & 24 Viet. c. 139, 
 s. 6, and a person who manufactured and kept them upon premises within 
 the specified distance without a license incurred a penalty ; Bliss v. Lilley, 
 32 L. J. M. C. 3. 
 
 (e) See section 39 as to the application of this part of the Act to other 
 explosives, subject to the modifications and additions in section 40. 
 
 (/) By section 105, infra, persons carrying on the processes as therein 
 described, shall be subject to the provisions of the Act, as if they manufac- 
 tured an explosive, and the expression " manufacture" shall be construed 
 accordingly. 
 
 (g) " Existing" means at the passing of the Act, section 108. See pro- 
 visions in section 14 with reference to existing factories and magazines for 
 gunpowder, and section 20 as to continuing certificates from local authority, 
 and see application of Part I. of the Act to existing factories and magazines. 
 
 (ti) See section 8 as to grant and confirmation of license, and section 15, 
 et seq, as to licenses for gunpowder stores, and section 49 as to licensing 
 small firework factories. 
 
 2 F 2
 
 436 
 
 Section 4. 
 
 Gunpowder 
 (except for 
 private use) 
 to be kept 
 only in 
 existing or 
 new maga- 
 zine or 
 store, or in 
 registered 
 premises. 
 
 APPENDIX THE EXPLOSIVES ACT, 1875. 
 
 If any person manufactures gunpowder or carries on any process 
 of such manufacture at any place at which he is not allowed by this 
 section so to do, he shall be deemed to manufacture gunpowder at an 
 unauthorized place. 
 
 Where gunpowder is manufactured at an unauthorized place 
 
 1. All or any part of the gunpowder or the ingredients of gun- 
 
 powder which may be found either in or about such place or 
 in the possession or under the control of any person convicted 
 under this section, may be forfeited ; and 
 
 2. The person so manufacturing shall be liable to a penalty (a) not 
 
 exceeding one hundred pounds a day for every day during 
 which he so manufactures. 
 
 5. Gunpowder shall not be kept at any place except as follows ; 
 that is to say, 
 
 (1.) Except in the factory (either lawfully existing or licensed 
 for the same under this Act) in which it is manufac- 
 tured ; or 
 
 (2.) Except in a magazine or store for gunpowder either lawfully 
 existing or licensed under this Act for keeping gunpowder ; 
 or 
 
 (3.) Except in premises registered under this Act for keeping 
 gunpowder. 
 
 Provided that this section shall not apply 
 
 (1.) To a person keeping for his private use and not for sale gun- 
 powder to an amount not exceeding on the same premises 
 thirty pounds ; or 
 
 (2.) To the keeping of any gunpowder by a carrier or other person 
 for the purpose of conveyance, when the same is being con- 
 veyed or kept in accordance with the provisions of this Act 
 with respect to the conveyance of gunpowder. 
 
 Any gunpowder kept in any place other than as above in this 
 section mentioned shall be deemed to be kept in an unauthorized 
 place. 
 
 Where any gunpowder is kept in an unauthorized place 
 
 (1.) All or any part of the gunpowder found in such place may be 
 forfeited ; and 
 
 (2.) The occupier of such place, and also the owner of, or other 
 person guilty of keeping the gunpowder, shall each be liable 
 to a penalty not exceeding two shillings for every pound 
 of gunpowder so kept. 
 
 Licensing of Factories and Magazines for Gunpowder. 
 
 Application 6. A new factory or magazine for gunpowder shall not be esta- 
 
 for license Wished except on the site and in the manner specified in a license for 
 for new the same granted under this Act. 
 
 (a) By section 91 every offence under this Act may be prosecuted, and 
 every penalty may be recovered, and all explosives, &c., liable to be forfeited, 
 either on indictment or before a court of summary jurisdiction, subject to 
 the conditions expressed in that and tne following section. Section 79 
 empowers the court to award absolute imprisonment in certain cases ; see 
 section 93 as to appeal, and section 94 as to constitution of court of sum- 
 mary jurisdiction. See provisions in favour of certain manufacturers and 
 dealers in sections 44, 45, 46, 47, 48, and 50, and savings in sections 98, 
 99, 100, and 101.
 
 38 VICT. c. 17, ss. 6, 7. 437 
 
 An applicant for such a license shall submit to the secretary of Section 6. 
 state the draft of a license accompanied by a plan (drawn to scale) of , 
 the proposed factory or magazine, and the site thereof (which plan actoI 7 or 
 shall be deemed to form part of and to be in this Act included in the m 
 expression "the license"). 
 
 The draft license shall contain the terms which the applicant pro- 
 poses to have inserted in the license, and shall specify such of the 
 tollowing matters as are applicable ; namely, 
 
 (a.) The boundaries of the land forming the site of the factory or 
 magazine and either any belt of land surrounding the site 
 which is to be kept clear, and the buildings and works from 
 which it is to be kept clear, or the distances to be main- 
 tained between the factory or magazine, or any part thereof, 
 and other buildings and works ; and 
 
 (6.) The situation, character, and construction of all the mounds, 
 buildings, and works on or connected with the factory 
 or magazine, and the distances thereof from each other ; 
 and 
 
 (c.) The nature of the processes to be carried on in the factory and 
 in each part thereof, and the place at which each process of 
 the manufacture, and each description of work connected 
 with the factory or magazine, is to be carried on, and the 
 places in the factory or magazine at which gunpowder and 
 any ingredients of gunpowder, and any articles liable to 
 spontaneous ignition, or inflammable or otherwise dan- 
 gerous are to be kept ; and 
 
 (d.) The amount of gunpowder and of ingredients thereof wholly 
 or partly mixed to be allowed at the same time in any 
 building or machine or any process of the manufacture or 
 within a limited distance from such building or machine, 
 having regard to the situation or construction of such build- 
 ing, and to the distance thereof from any other building or 
 any works ; and 
 
 (e.) The situation, in the case of a factory, of each factory maga- 
 zine, and in the case of another magazine, of each building 
 forming part ol such magazine in which gunpowder is to be 
 kept, and the maximum amount of gunpowder to be kept 
 in each factory magazine, and in each such building as 
 aforesaid ; and 
 
 (/.) The maximum number of persons to be employed in each 
 building in the factory ; and 
 
 (g.) Any special terms which the applicant may propose by reason 
 of any special circumstances arising from the locality, the 
 situation or construction of any buildings or works, or the 
 nature of any process, or otherwise. 
 
 The secretary of state, after examination of the proposal, may 
 reject the application altogether or may approve of the draft license, 
 with or without modification or addition, and grant to the applicant 
 permission to apply to the local authority (6) for their assent to 
 the establishment of the factory or magazine on the proposed 
 
 site. 
 
 7. The local authority, upon application being made for their assent Application 
 to the establishment of a new factory or magazine on the proposed for assent of 
 
 (6) For definition and powers of " local authority" for the purposes of 
 the Act, see sections 67, 68, and 69, and section 70 as to their expenses.
 
 438 
 Section 7. 
 
 local autho- 
 rity to site 
 of new 
 factory or 
 magazine. 
 
 Grant and 
 confirmation 
 of license. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 site, shall cause notice to be published by the applicant in manner 
 directed by this Act of the application and of the time and place at 
 which they will be prepared to hear the applicant, and any persons 
 objecting to such establishment who have not less than seven clear 
 days before the day of hearing sent to the clerk of the local authority 
 and to the applicant notice of their intention to appear and object, 
 with their name, address, and calling, and a short statement of the 
 grounds of their objection. 
 
 Upon the hearing of the application, or any adjournment thereof, 
 the local authority may dissent altogether from the establishment of 
 such new factory or magazine on the proposed site, or assent thereto, 
 either absolutely or on any conditions requiring additional restric- 
 tions or precautions. 
 
 Where the site of the proposed factory or magazine is situate 
 within or within one mile of the limits of the jurisdiction of any 
 urban sanitary authority, or of any harbour authority, the applicant 
 shall serve on such authority, if they are not the local authority, 
 notice of the application and of the time and place of hearing fixed 
 by the local authority. 
 
 The said notices shall be published and served by the applicant not 
 less than one month before the hearing. 
 
 The local authority shall fix the time and place of hearing as soon 
 as practicable after application made to them, and the time so fixed 
 shall be as soon as practicable after the expiration of the said month 
 from the publication and service of the notices by the applicant, and 
 their final decision shall be given as soon as practicable after the ex- 
 piration of the said month. 
 
 The place so fixed shall be situate within the jurisdiction of the 
 local authority, or within a convenient distance of the limits of that 
 jurisdiction. 
 
 The costs of any objections which the local authority may deem to 
 be frivolous shall be ascertained by an order made by the local autho- 
 rity, and shall be a debt due from the objector to the applicant, of 
 which such order shall be conclusive evidence. 
 
 Where the site of the proposed factory or magazine is situate partly 
 within the jurisdiction of one local authority and partly within the 
 jurisdiction of another, the assent of both local authorities shall be 
 applied for in manner provided by this Act. 
 
 8. If on the hearing of the application for the establishment of a 
 factory or magazine the local authority assent thereto either absolutely 
 or on conditions submitted to by the applicant, the applicant shall be 
 entitled to the license applied for in accordance with the draft ap- 
 proved by the secretary of state, with the addition (if the assent was 
 on conditions) of the additional restrictions and precautions required 
 by those conditions. 
 
 If the _local authority assent on any conditions not submitted to by 
 the applicant, or dissent, the applicant may appeal to the secretary of 
 state, giving notice of such appeal to the local authority, and requir- 
 ing them to state in writing their reasons for such conditions or dis- 
 sent ; and the secretary of state, after considering the reasons (if any) 
 so stated, and after such inquiry, local or other, as he may think ne- 
 cessary, may if the local authority dissented, refuse the license, or may 
 in either case grant the license applied for in accordance with the 
 draft license either as previously approved by him, or with such modi- 
 fications and additions as he may consider required to meet the 
 
 (if any) so stated by the local authority. 
 The secretary of state, when satisfied that the factory or magazine
 
 38 VICT. o. 17, SB. 8, 9. 
 
 is sufficiently completed according to the license to justify the use Section 8. 
 thereof, shall confirm the license, but until so confirmed the license 
 
 shall not come into force. 
 
 The land forming the site bounded as described in the license shall, 
 with every mound, building, and work thereon for whatever purpose, 
 be deemed, for the purposes of this Act, to be the factory or magazine 
 referred to in the license. 
 
 Regulation of Factories and Magazines for Gunpowder. 
 
 9. In every gunpowder factory and magazine 
 
 (1.) The factory or magazine, or any part thereof, shall not be used Regulation 
 for any purpose not in accordance with the license; and of factories 
 
 (2.) The terms of the license shall be duly observed, and the manu- a ^d maga- 
 facture or keeping of any process in or work connected with z i nes f r 
 the manufactiire or keeping of gunpowder shall not be car- gunpowder, 
 ried on except in accordance with those terms; and 
 (3.) The factory or magazine and every part thereof shall be 
 maintained in accordance with the license; and any material 
 alteration in the factory or magazine by enlarging or adding 
 to the site, or by externally enlarging or adding to any 
 building, or by altering any mound otherwise than by en- 
 largements or by making any new work, shall not be made 
 except in pursuance of an amending license granted under 
 this Act. 
 
 In the event of any breach (by any act or default) of this section in 
 any factory or magazine, 
 
 (a.) All or any part of the gunpowder or ingredients thereof 
 in respect to which, or being in any building or machine 
 in respect to which, the offence was committed, may be 
 forfeited ; and 
 
 (6.) The occupier (a) shall be liable to a penalty (6) not exceeding in 
 the case of the first offence fifty pounds, and in the case of a 
 second or any subsequent offence one hundred pounds, and 
 in addition fifty pounds for every day during which such 
 breach continues. 
 
 The occupier of a factory shall not be deemed guilty of a breach of 
 this section for using in a case 'of emergency, or temporarily, one 
 building or part of a building in which any process of the manufac- 
 ture is, under the terms of the license, carried on, for another process 
 of the manufacture, if he do not carry on in such building or part 
 more than one process at the same time, and if the quantity of gun- 
 powder or ingredients thereof in such building or part do not exceed 
 the quantity allowed to be therein, or any less quantity allowed to 
 be in the building or part of a building in which such other 
 process is usually carried on ; and if upon such use being continued 
 after the lapse of twenty-eight days from the first beginning of 
 such use he send notice of such use to a government inspector, 
 and the government inspector do not require the discontinuance of 
 such use. 
 
 (a) See definition of " occupier," section 108. 
 
 (6) See section 91, as to prosecution of offences and recovery of penalties 
 under the Act.
 
 rules for 
 factories 
 
 44Q APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 10. 10. In every gunpowder factory and magazine the following 
 general rules shall be observed : 
 
 (1.) In a factory every factory magazine, and in any other maga- 
 zine every building in which gunpowder is kept, shall be 
 used only for the keeping of gunpowder, and receptacles for 
 or tools or implements for work connected with the keeping 
 of such gunpowder ; and 
 
 (2.) The interior of every building in which any process of the 
 manufacture is carried on or in which gunpowder or any 
 ingredients thereof, either mixed or partially mixed, are 
 kept, or in the course of manufacture are liable to be (in 
 this Act referred to as a danger building), and the benches, 
 shelves, and fittings in such building (other than machinery), 
 shall be so constructed or so [lined or covered as to prevent 
 the exposure of any iron or steel in such manner, and 
 the detaching of any grit, iron, steel, or similar substance 
 in such manner, as to come into contact with the gun- 
 powder or ingredients thereof in such building, and such 
 interior, benches, shelves, and fittings shall, so far as 
 reasonably practicable, be kept free from grit and otherwise 
 clean ; and 
 
 (3.) Every factory magazine and expense magazine in a factory, 
 and every danger building in a magazine, shall have attached 
 thereto a sufficient lightning conductor, unless, by reason of 
 the construction by excavation or the position of such maga- 
 zine or building, or otherwise, the secretary of state consi- 
 ders a conductor unnecessary, and every danger building in 
 a factory shall, if so required by the secretary of state, have 
 attached thereto a sufficient lightning conductor ; and 
 
 (4.) Charcoal, whether ground or otherwise, and oiled cotton, oiled 
 rags, and oiled waste, and any articles whatever liable to 
 spontaneous ignition, shall not be taken into any danger 
 building, except for the purpose of immediate supply and 
 work or immediate use in such building, and upon the 
 cessation of such work or use shall be forthwith removed ; 
 and 
 
 (5.) Before repairs are done to or in any room in or other part of a 
 danger building, that room or part shall ,so far as practicable, 
 be cleaned by the removal of all gunpowder, and wholly 
 or partly mixed ingredients thereof, and the thorough wash- 
 out ot such room or part ; and such room or part of the 
 building after being so cleaned shall not be deemed to be a 
 danger building within the meaning of these rules until gun- 
 powder or the wholly or partly mixed ingredients thereof 
 are again taken into it ; and 
 
 (6.) There shall be constantly kept affixed in every danger build- 
 ing, either outside or inside, in such manner as to be easily 
 read, a statement of the quantities of gunpowder or ingre- 
 dients allowed to be in the building, and a copy of these 
 rules, and of any other part of this Act required by the 
 secretary of state to be affixed, and of such part of the license 
 and special rules made under this Act as apply to the 
 building ; and with the addition in a factory of the name 
 of the building, or words indicating the purpose for which it 
 is used ; and 
 
 (7.) All tools and implements used in any repairs to or in a danger 
 building shall be made only of wood or copper or brass or 
 some soft metal or material, or shall be covered with some 
 safe and suitable material ; and
 
 38 VICT. c. 17, s. 10. 441 
 
 (8.) Due provision shall be made, by the use of suitable working Section 10. 
 clothes without pockets, suitable shoes, searching and other- 
 wise, or by some of such means, for preventing the introduc- 
 tion into any danger building of fire, lucifer matches, or any 
 substance or article likely to cause explosion or fire, and for 
 preventing the introduction of any iron, steel, or grit into 
 any part of a danger building where it would be likely to 
 come into contact with gunpowder or the wholly or partly 
 mixed ingredients thereof ; but this rule shall not prevent 
 the introduction of an artificial light of such construction, 
 position, or character as not to cause any danger of tire or 
 explosion ; and 
 
 (9.) No person shall smoke in any part of the factory or magazine, 
 except in such part (if any) as may be allowed by the special 
 rules ; and 
 
 (10.) Any carriage, boat, or other receptacle in which gunpowder, 
 or the wholly or partly mixed ingredients thereof, are con- 
 veyed from one building to another in a factory or magazine, 
 or from any such building to any place outside of such 
 factory or magazine, shall be constructed without any ex- 
 posed iron or steel in the interior thereof, and shall contain 
 only the gunpowder and ingredients, and shall be closed or 
 otherwise properly covered over ; and the gunpowder and 
 ingredients shall be so conveyed with all due diligence, and 
 with such precautions and in such manner as will sufficiently 
 guard against any accidental ignition ; and 
 
 (11.) A person under the age of sixteen years shall not be em- 
 ployed in or enter any danger building, except in the 
 presence and under the supervision of some grown-up person; 
 and 
 
 (12.) In a factory the ingredients in course of manufacture into 
 gunpowder shall be removed with all due diligence from 
 each working building so soon as the process connected with 
 those ingredients which is carried on in such building is 
 completed, and all finished gunpowder shall with all due 
 diligence either be removed to a factory magazine, or sent 
 away immediately from the factory, and such ingredients 
 and gunpowder shall be loaded and unloaded with all due 
 diligence ; and 
 
 (13.) In a factory all ingredients to be made or mixed into gun- 
 powder shall, before being so made or mixed, be carefully 
 sifted, for the purpose of removing therefrom, so far as prac- 
 ticable, all dangerous foreign matter. 
 
 The secretary of state may, from time to time, by order, make, and 
 when made rescind and alter, such modifications in the foregoing 
 general rules as may appear to him to be necessary for adapting the 
 same to floating magazines, and such modifications shall have effect 
 as if they were contained in this section. 
 
 In the event of any breach (by any act or default) of the general 
 rules in any factory or magazine, 
 
 (a.) All or any part of the gunpowder or ingredients thereof in 
 respect to which, or being in any building or machine in 
 respect to which, the offence was committed, may be for- 
 feited ; and 
 
 (6.) The occupier shall be liable to a penalty not exceeding ten 
 pounds, and in addition (in the case of a second offence) 
 ten pounds for every day during which such breach 
 continues.
 
 442 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 11. 11. Every occupier of a gunpowder factory or magazine shall, with 
 the sanction of the secretary of state, make speci 
 
 Special rules 
 for regula- 
 tion of 
 workmen in 
 factory or 
 magazine. 
 
 make special rules for the regu- 
 1 red in or about such factory 
 
 or magazine, with a view to secure the observance of this Act therein, 
 and the safety and proper discipline of the said persons, and the safety 
 of the public. 
 
 There may be annexed to any breach of special rules made in pur- 
 suance of this section such penalties, not exceeding forty shillings for 
 each offence, as may be deemed just. 
 
 The occupier may, and if required by the secretary of state shall, 
 with the sanction of the secretary of state, repeal, alter, or add to any 
 special rules made in pursuance to this section. 
 
 If an occupier is required by the secretary of state to make, repeal, 
 alter, or add to any rule under this section, and fail within three 
 months after such requisition to comply therewith to the satisfaction 
 of the secretary of state, the secretary of state may make, repeal, alter, 
 or add to the special rules, and anything so done by the secretary of 
 state shall have effect as if done by the occupier with the sanction of 
 the secretary of state. 
 
 If the occupier feel aggrieved by any such requisition, or by any- 
 thing so done by the secretary of state, he may, after receiving such 
 requisition or notice of the same being so done, require the matter to 
 be referred to arbitration in manner provided by this Act. 
 
 Alteration of 
 terms of 
 license and 
 enlargement 
 of factory or 
 magazine. 
 
 Devolution 
 and deter- 
 mination of 
 license. 
 
 Supplemental as to Factories and Magazines for Gunpowder. 
 
 12. Where the occupier of any gunpowder faetory or magazine 
 desires that any alteration should be made in the terms of his license, 
 or any material alteration made in the factory or magazine by enlarg- 
 ing or adding to the site or by externally enlarging or adding to any 
 building, or by altering any mound otherwise than by enlargement, 
 or by making any new work, he may apply for an amending 
 license. 
 
 If he satisfy the secretary of state that the alteration may be pro- 
 perly permitted, having regard to the safety of the persons employed 
 in the factory or magazine, and will not materially either increase the 
 danger to the public from fire or explosion, or diminish the distance 
 of any danger building in the factory or magazine from any building 
 or work outside and in the neighbourhood of the factory or magazine, 
 or increase the amount of gunpowder allowed to be kept in the fac- 
 tory magazine, or in any building in the magazine, the secretary of 
 state may grant the amending license of his own authority, but save 
 as aforesaid, the provisions of this Act with respect to the applica- 
 tion for and grant of a new license shall apply to such amending 
 license. 
 
 13. A gunpowder factory or magazine license shall not be avoided 
 by any change in the occupier of the factory or magazine ; but notice 
 of the name, address, and calling of the new occupier shall be sent to 
 the secretary of state within three months after the change, and in 
 default such new occupier shall be liable to a penalty not exceed- 
 ing twenty shillings for every week during which such default con- 
 tinues. 
 
 A factory or magazine license shall be determined by a discontinuance 
 of the business carried on in pursuance of any such license if such 
 discontinuance continues for a period of two years or more, or if 
 the factory or magazine is used for any purpose not authorized b 
 the license.
 
 38 VIOT. c. 17, ss. 13, 14. 443 
 
 Provided that if the occupier sends to the secretary of state, and Section 13. 
 publishes in manner directed by the secretary of state, a notice to 
 the effect that the right to the factory or magazine license is not in- 
 tended to be surrendered, the license shall not be determined until 
 after the expiration of five years after the first discontinuance of the 
 business, whether the factory or magazine has or has not been used 
 for any piirpose not authorized by the license. 
 
 Application of Act to existing Factories and Magazines for 
 Gunpowder. 
 
 14. A factory or magazine for gunpowder used at the time of the Continuing 
 passing of this Act shall not be deemed to be a lawfully existing certificate for 
 factory or magazine within the meaning of this Act unless the occu- existing fac- 
 pier thereof apply for and obtain in manner provided by this Act a * r i es and 
 certificate (in this Act referred to as a continuing certificate) in res- magazines, 
 pect of such factory or magazine. 
 
 The occupier desirous of obtaining such certificate shall, before 
 the expiration of three months after the commencement of this Act, 
 send to the secretary of state an application for such certificate, 
 stating his name, address, and calling, and the situation of his 
 factory or magazine, and accompanied with such particulars re- 
 specting the factory or magazine and the site thereof, and the 
 mounds, buildings, and works thereon or connected therewith, and 
 such copies of any plans in the possession of the occupier, as the 
 secretary of state may deem necessary for enabling him to make out 
 the certificate. 
 
 The secretary of state upon receiving such application shall grant 
 the continuing certificate for the factory or magazine to which the 
 application relates, and shall insert therein, by reference to a plan 
 (which shall be deemed part of the certificate) or otherwise, such 
 particulars as he may consider sufficient to identify the factory 
 or magazine and indicate the site and all the existing mounds, 
 buildings, and works thereon or- connected therewith : the plan 
 so referred to may be either the plan sent by the occupier or such 
 other plan as the secretary of state may cause to be made for the 
 purpose. 
 
 The continuing certificate shall specify the maximum amount of 
 gunpowder to be kept if the certificate is for a factory in each factory 
 magazine, or in all the factory magazines of the factory, and if for 
 a magazine in each building in the magazine, or in all the buildings 
 of the magazine, and the amount so specified, where the maximum 
 amount so to be kept is at the passing of this Act limited by any Act 
 or by license or otherwise, shall be that amount, and where there is 
 no such limitation, shall be the maximum amount which the fac- 
 tory magazine, or all the factory magazines of the factory, or the 
 building or all the buildings of the magazine, was or were capable 
 of holding on the first day of January one thousand eight hundred 
 and seventy-five. 
 
 The regulations in part one of the first schedule to this Act shall 
 be deemed to form part of the terms of a continuing certificate for a 
 factory. 
 
 The land forming the site bounded as described in the certificate 
 shall, with every mound, building, and work thereon, for whatever 
 purpose, be deemed, for the purpose of this Act, to be the factory or 
 magazine referred to in the certificate. 
 
 Where a license has been obtained before the twenty-fifth day of
 
 444 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 14. February one thousand eight hundred and seventy-five, for a factory 
 or magazine for gunpowder, and such factory or magazine has not 
 been completed before the passing of this Act, such factory or maga- 
 zine shall be deemed to be, for the purposes of this section, a fac- 
 tory or magazine for gunpowder used at the time of the passing of 
 this Act : 
 
 Provided that 
 
 (1.) The particulars to be stated in the continuing certificate shall, 
 as regards such mounds, buildings, and works as are not 
 completed at the date of the certificate, relate to the same 
 as designed on the commencement of the construction of 
 the factory or magazine ; and 
 
 (2.) The maximum amount of gunpowder to be specified in the 
 continuing certificate as being allowed to be kept in any 
 building shall, subject to the provisions of any Act or 
 license, be the maximum amount which such building was 
 designed on the commencement of the building thereof to 
 hold, or such less amount as it is completed for holding at 
 the time of the passing of this Act. 
 
 For the purposes of this Act, a continuing certificate shall (save as 
 otherwise expressly provided) be deemed to be a license, and the fac- 
 tory or magazine, as the case may be, mentioned therein to be a 
 factory or magazine licensed under this Act, and the provisions of 
 this Act shall be construed accordingly. 
 Provided that 
 
 (1.) It shall not be necessary in any case to apply for the assent 
 of the local authority to an amending license for an altera- 
 tion in the terms of such certificate, or for an alteration in 
 the factory or magazine ; and 
 
 (2.) Such factory or magazine, if the certificate is determined by 
 the discontinuance of the business carried on therein, shall 
 cease to be deemed an existing factory or magazine. 
 The occupier of any lawfully existing factory or magazine may, 
 until the expiration of the time within which he is required by this 
 section to send to the secretary of state an application for a con- 
 tinuing certificate, and if he has sent such an application as is re- 
 quired by this section may, until he obtains such certificate, carry on 
 his business in such factory or magazine in like manner as if this Act 
 had not passed. 
 
 CONSUMERS' STORES FOR GUNPOWDER. 
 
 Licensing and Regulation of Stores. 
 
 Store license 15. Any person may apply for a license for a gunpowder store to 
 to be obtained the local authority at the time and place appointed by such autho- 
 from local rity, stating his name, address, and calling, the proposed site and 
 authority (a), construction of the store and the amount of gunpowder he proposes 
 to store therein ; and the local authority shall, as soon as practicable, 
 if the proposed site, construction of the store, and amount of gun- 
 powder are in accordance with the order in council hereinafter 
 mentioned, grant to the applicant, on payment of such fee, not ex- 
 
 () See section 28 as to registers of store licenses and premises regis- 
 tered.
 
 38 VICT. c. 17, ss. 1517. 445 
 
 ceeding five shillings, as may be fixed by that authority, the license Section 15. 
 applied for. -. 
 
 16. Her Majesty may from time to time, by order in council made Order in 
 on the recommendation of the secretary of state council pre- 
 
 (1.) Regulate the construction and materials and fittings of gun- !? n m & Sl u *~ 
 powder stors ; and struction of " 
 
 (2.) Prescribe the buildings and works from which gunpowder s t ores . 
 stores are to be separated, and the distances by which they 
 are to be separated ; and 
 
 (3.) Prescribe the maximum amount of gunpowder, not exceed- 
 ing two tons, to be kept in stores, graduated according to 
 their construction and situation and their distance from the 
 said buildings and works. 
 
 Provided that an order under this section shall not require the 
 removal of any building lawfully in use at the date of the making of 
 such order. 
 
 17. In every gunpowder store the following general rules shall be General rules 
 observed ; that is to say, for stores. 
 
 (1.) The provisions of an order in council relating to stores, so far 
 as they apply to such store, shall be duly observed : 
 
 (2.) There shall not be at the same time in the store an amount of 
 gunpowder exceeding the amount specified in the license ; 
 and 
 
 (3.) The store shall be used only for the keeping of gunpowder, 
 and receptacles for or tools or implements for work con- 
 nected with the keeping of such gunpowder ; and 
 
 (4.) The interior of the store, and the benches, shelves, and fit- 
 tings therein, shall be so constructed or so lined or covered 
 as to prevent the exposure of any iron or steel and the 
 detaching of any grit, iron, steel, or similar substance, in 
 such manner as to come into contact with the gunpowder, 
 and such interior, benches, shelves, and fittings shall, so far 
 as is reasonably practicable, be kept free from grit, and 
 otherwise clean ; and 
 
 (5.) The store shall have attached thereto a sufficient lightning con- 
 ductor (6) unless it is made by excavation or is licensed for 
 less than one thousand pounds of gunpowder ; and 
 
 (6.) Before repairs are done to or in any part of a store, the store 
 shall, so far as is practicable, be cleaned by the removal 
 of all gunpowder and the thorough washing out of the 
 store ; and after such cleaning, these rules shall cease 
 to apply to the store until gunpowder is again taken there ; 
 and 
 
 (7. ) Ercept after such cleaning, all tools and implements used in 
 or in any repairs to the store shall be made only of wood, 
 copper, or brass, or some soft metal or material, or shall be 
 covered with some safe and suitable material ; and 
 
 (8.) Due provision shall be made, by the use of suitable working 
 clothes without pockets, suitable shoes, searching, and 
 
 (6) It was decided under the repealed Act, 23 & 24 Viet. c. 139, s. 2, 
 par. 9, that gunpowder manufacturers who kept gunpowder in a store 
 magazine without having provided lightning conductors, could not be pro- 
 ceeded against under section 4 for keeping gunpowder contrary to the pro- 
 visions of the Act; Miott v. Majendie, L. R. 7 Q. B. 429.
 
 446 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 17. otherwise, or by some of such means, for preventing the in- 
 
 troduction into the store of fire, lucifer matches, or any 
 
 substance or article likely to cause explosion or fire, or any 
 iron, steel, or grit ; but this rule shall not prevent the 
 introduction of an artificial light of such construction, 
 position, or character as not to cause any danger of fire or 
 explosion ; and 
 
 (9.) No person shall smoke in any part of the store ; and 
 
 (10.) A person under the age of sixteen years shall not be em- 
 ployed in or enter the store, except in the presence and 
 under the supervision of some grown-up person. 
 
 In the event of any breach (by any act or default) of the general 
 rules in any store, 
 
 (a.) All or any part of the gunpowder in respect to which or 
 being in the store when the offence was committed may be 
 forfeited ; and 
 
 (b.) The occupier shall be liable to a penalty not exceeding ten 
 pounds, and in addition (in the case of a second offence) 
 ten pounds for every day during wliich such breach con- 
 tinues. 
 
 Non-transfer- 18. A store license shall be valid only for the person named in it, 
 ability, re- and shall annually, unless the circumstances have so changed that 
 newal, and the grant of a new license would not be authorized by this Act, 011 
 forms of store application by post or otherwise, and payment of such fee, not ex- 
 licenses, ceeding one shilling, as may be from time to time fixed by the local 
 authority, be renewed by that authority, by endorsement or other- 
 wise, for that year, and unless so renewed shall expire. 
 
 Store licenses shall be in the form from time to time directed by 
 the secretary of state. 
 
 Special rules 19. Every occupier of a gunpowder store may, with the sanction 
 
 for regulation of the secretary of state make, and when made may, with the like 
 
 of workmen sanction, repeal, alter, or add to, special rules for the regulation of 
 
 in stores. the persons managing or employed in or about such store, with a 
 
 view to secure the observance of this Act therein, and the safety and 
 
 proper discipline of the said persons and the safety of the public. 
 
 There may be annexed to any breach of special rules made in pur- 
 suance of this section such penalties, not exceeding forty shillings for 
 each offence, as may be deemed just. 
 
 Definition and 
 continuing 
 certificate for 
 existing stores 
 which are to 
 be subject to 
 this Act. 
 
 Application of Act to existing Stores for Gunpowder. 
 
 20. Any magazine established without a license from a local 
 authority in pursuance of the Gunpowder Act, 1860, or of any en- 
 actment repealed by that Act, for the use of any mine, quarry, 
 colliery, or factory of safety-fuzes, and in use at the passing of this 
 Act, is in this Act referred to as an existing gunpowder store. 
 
 An existing gunpowder store shall not require a continuing certifi- 
 cate as a magazine from the secretary of state, but shall require a 
 continuing certificate from the local authority, and if such certificate 
 is not applied for and obtained in manner provided by this Act, 
 shall not be deemed to be a lawfully existing store. 
 
 The occupier of the store desirous of obtaining a continuing certi- 
 cate shall, before the expiration of three months after the commence- 
 ment of this Act, send an application for such certificate to the local 
 authority, stating his name, address, and calling, and the situation
 
 38 VICT. c. 17, SB. 20, 21. 447 
 
 and construction of the store, and accompanied by such particulars Section 20. 
 respecting the store as may be necessary to enable the local authority 
 to make out the certificate. 
 
 The local authority upon receiving such application shall, as soon 
 as practicable, on payment of such fee, not exceeding half-a-crown, 
 as may be fixed by that authority, grant the continuing certificate, 
 inserting therein such particulars as appear to them to be sufficient 
 to identify the store, and inserting the maximum amount of gun- 
 powder which the store is to be limited to hold, and such amount 
 shall be the maximum amount which the store was capable of holding 
 on the first day of January one thousand eight hundred and seventy- 
 five, or such less amount as is limited by the regulations below in 
 this section mentioned. 
 
 The regulations in Part Two of the first schedule to this Act shall 
 apply to every store to which a continuing certificate is granted, as if 
 they were contained in an order in council under this Act relating to 
 stores. 
 
 For the purposes of this Act a continuing certificate fer a store 
 shall, save as otherwise expressly provided, be deemed to be a license, 
 and the store a store licensed under this Act, and the provisions of 
 this Act shall be construed accordingly. 
 
 Provided that 
 
 (1.) The store shall not be enlarged, or added to, or so altered as 
 to be of a less secure construction, and any breach of this 
 proviso shall be deemed to be a breach of the general rules 
 relating to stores ; and 
 
 (2.) The continuing certificate shall not be limited in duration, but 
 if the business carried on in the store is discontinued, and 
 either such discontinuance continues for a period of twelve 
 months or more, or the store is used for another purpose, 
 such store shall cease to be deemed an existing gunpowder 
 store. 
 
 Nothing in this section shall prevent the obtaining for any exist- 
 ing gunpowder store of a license from the local authority under this 
 Act, as in the case of a new store, and a store for which such license 
 is obtained shall, whether a continuing certificate has or has not been 
 previously obtained for the same, cease to be deemed an existing gun- 
 powder store. 
 
 The occupier of an existing gunpowder store may, until the expi- 
 ration of the time within which he is required by this section to 
 send to the local authority an application for a continuing certificate, 
 and if he has sent such an application as is required by this section 
 may, until the expiration of six months after the expiration of the 
 said time, or any earlier date at which he obtains such certificate, 
 carry on his business in such store in like manner as if this Act had 
 
 EETAIL DEALING WITH GUNPOWDER. 
 
 Registration and Regulation of Registered Premises. 
 
 21. A person desirous of registering with the local authority any Registration 
 
 premises for the keeping of gunpowder shall register Ms name and of premises 
 
 calling, and the said premises (in this Act referred to as his regis- with local 
 
 tered premises) in such manner and on payment of such fee, not ex- authority (a). 
 ceeding one shilling, as may be directed by the local authority. 
 
 (a) Section 50 enacts that a person shall not be required to take out a 
 license or to register premises for the keeping of percussion caps or safety
 
 448 
 Section 21. 
 
 General rules 
 for registered 
 premises (a). 
 
 APPENDIX THE EXPLOSIVES ACT, 1875. 
 
 Such registration shall be valid only for the person registered and 
 shall be annually renewed by sending by post or otherwise notice of 
 such renewal to the local authority, together with such fee, not ex- 
 ceeding one shilling, as may be fixed by that authority. 
 
 22. The following general rules shall be observed with respect to 
 registered premises : 
 
 (1.) The gunpowder shall be kept in a house or building (6), or in 
 a fire-proof safe, such safe if not within a house or building, 
 to be at a safe distance from any highway, street, public 
 thoroughfare, or public place ; and 
 
 (2.) The amount of gunpowder on the same registered premises 
 shall not 
 
 (a.) If it is kept in a substantially constructed building 
 exclusively appropriated for the purpose and de- 
 tached from a dwelling-house, or in a fire-proof 
 safe outside a dwelling house, and detached there- 
 from, and at a safe distance from any highway, 
 street, public thoroughfare, or public place, exceed 
 two hundred pounds ; and (b) 
 
 (&.) If it is kept inside a dwelling house, or in any 
 building other than as last aforesaid, exceed fifty 
 pounds, unless it is kept in a fire-proof safe within 
 such house or building, in which case the amount 
 shall not exceed one hundred pounds ; and 
 
 (3.) An article or substance of an explosive or highly inflammable 
 nature shall not be kept in a fire-proof safe with the gun- 
 powder, and in every case shall be kept at a safe distance 
 from the gunpowder or the safe containing the same ; and 
 (4.) Neither the building exclusively appropriated for the purpose 
 of keeping the gunpowder nor the fire-proof safe shall have 
 any exposed iron or steel in the interior thereof ; and 
 (5.) All gunpowder exceeding one pound in amount shall be 
 kept in a substantial case, bag, canister, or other receptacle 
 made and closed so as to prevent the gunpowder from 
 escaping. 
 
 In the event of any breach (by any act or default) of such general 
 rules in any registered premises, 
 
 (a.) All or any part of the gunpowder in respect to which, or 
 being in any house, building, place, safe, or receptacle in 
 respect to which the offence was committed may be forfeited ; 
 and 
 
 (&.) The occupier shall be liable to a penalty not exceeding two 
 shillings for every pound of gunpowder in respect of which 
 or being on the premises in which the offence was 
 committed. 
 
 fuzes for blasting, or fog signals kept by any railway company for use on 
 the railway, or any prescribed explosive ; and section 41 contains an ex- 
 emption in farour of safety cartridges therein provided. 
 
 (a) The 6th and 7th sections of the repealed Act 23 & 24 Viet. c. 139, 
 were held to apply only to the keeping by manufacturers of the articles 
 named, and a gunmaker who sold wadded cartridges manufactured by 
 others was held not to be within the enactment : Welley v. Woolley L R 
 7 Q. B. 61. 
 
 (6) Where any provision of the Act limits the amount of gunpowder, &c., 
 to be allowed in any building at any one time, all gunpowder, &c., within 
 the radius of 20 yards from the building in course of removal from or to 
 the building for the supply and work thereof, shall be deemed to be within 
 the building.
 
 38 VICT. c. 17, ss. 2325. 449 
 
 Section 23. 
 
 Supplemental Provisions. 
 
 23. The occupier of every factory, magazine, store, and registered Precautions 
 premises for gunpowder, and every person employed in or about the against fire 
 same, shall take all due precaution for the prevention of accidents by or explosion 
 fire or explosion in the same, and for preventing unauthorized persons * ^ e * a ^ en ^y 
 having access to the factory, magazine, or store, or to the gunpowder occu P ier - 
 therein or in the registered premises, and shall abstain from any 
 
 act whatever which tends to cause fire or explosion and is not 
 reasonably necessary for the purpose of the work in such factory, 
 magazine, store, or premises. 
 
 Any breach (by any act or default) of this section in any factory, 
 magazine, store or registered premises shall be deemed to be a breach 
 >of the general rules applying thereto. 
 
 24. Where any provision of this Act limits the quantity of gun- Explanation 
 pcwder or ingredients of gunpowder to be allowed in any building at as to quan- 
 any one time, all gunpowder and ingredients within the radius of tities of 
 twenty yards from the building and in course either of removal from gunpowder 
 the building, or of removal to the building for the supply and work allowed in 
 thereof, shall be deemed to be in the building : buildings. 
 
 Provided that, if while the gunpowder or ingredients so in course 
 of removal are within the radius, every machine and manufacturing 
 process in the building is wholly stopped, there may, in addition to 
 the quantity so allowed as aforesaid to be in the building, be within 
 the radius a further quantity of gunpowder and ingredients so in 
 course of removal as aforesaid, not exceeding the quantity specified 
 in that behalf in the license, or in the case of an existing building 
 in a lawfully existing factory for gunpowder ten hundred weight, 
 or any less quantity so allowed as aforesaid to be in the building. 
 
 Where any provision of this Act limits the quantity of gunpowder 
 or ingredients of gunpowder to be allowed in any machine at any 
 one time, but does not limit the quantity to be in the building 
 containing such machine, the foregoing provisions of this section 
 shall apply so far as circumstances admit, as if such machine were a 
 building. 
 
 Where the quantity allowed to be in any building is limited to 
 what is required for the immediate supply and work of such 
 building, or by words not specifying the exact quantity, a government 
 inspector who considers that the quantity in any such building is in 
 excess, may, after hearing the explanation of the occupier, require 
 the occupier to diminish such quantity to the maximum named in 
 the requisition. 
 
 The occupier, if he feel aggrieved by such requisition, may 
 require the matter to be referred to arbitration in manner provided 
 by this Act. 
 
 The exact quantity to be allowed in such building shall be deter- 
 mined by the requisition, or if the matter is referred to arbitration, 
 by the award. 
 
 25. An occupier authorized by this Act to require any matter to Regulations 
 be referred to arbitration may, within one month after receiving the as to arbi- 
 requisition, notice, or document relating to the matter to be so tration. 
 referred, send an objection thereto to the secretary of state ; and if 
 
 the cause of such objection is not, within one month after such 
 objection is received by the secretary of state, removed by the secre- 
 tary of state waiving or varying the said requisition, notice, document,
 
 450 
 Section 25. 
 
 Fees for 
 licenses. 
 
 Adjoining 
 places occu- 
 pied together 
 to be one 
 place. 
 
 Register of 
 
 and registered 
 premises to be 
 kept by local 
 authority. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 or matter, or otherwise (which the secretary of state is hereby 
 authorized to do), such occupier may, by notice sent within seven 
 days after the expiration of the said month to the secretary of state, 
 require the matter to be referred to arbitration, and the date of the 
 receipt by the secretary of state of the last mentioned notice shall be 
 deemed to be the date of the reference. 
 
 Arbitrations under this Act shall be conducted in manner provided 
 by the second schedule to this Act. 
 
 26. There shall be payable in respect of licenses and continuing 
 certificates granted by the secretary of state such fees as may be from 
 time to time fixed by him with the consent of the treasury, not 
 exceeding the fees in the third schedule to this Act, and if no fee is 
 fixed, the fees mentioned in the said schedule. 
 
 Such fees shall be taken and paid into the receipt of Her Majesty's 
 exchequer in such manner as the treasury may from time to time 
 direct, and shall be carried to the consolidated fund. 
 
 The secretary of state may also require any applicant for a new 
 license to pay such sum as the secretary of state may think reasonable 
 for expenses incurred upon any inquiry made by order of the secre- 
 tary of state with respect to the grant of such license. 
 
 When the local authority do not fix any fee which they are 
 authorised by this Act to fix, the fee payable shall be the maximum 
 fee which such authority are authorized to fix. 
 
 The fees payable to the local authority in respect of any license, 
 certificate, or otherwise in pursuance of this Act, shall, where the 
 clerk of the local authority is not wholly paid by fees, be carried 
 to the credit of the local rate, or otherwise disposed of as such 
 local authority may direct, and where such clerk is wholly paid by 
 fees, shall, unless the local authority otherwise direct, be paid to- 
 such clerk. 
 
 27. For the purposes of the provisions of this Act with respect to 
 the manufacture and keeping of gunpowder, all buildings and places 
 adjoining each other and occupied together shall be deemed to be 
 the same factory, magazine, store, or premises, and shall accordingly 
 be included in one license or one registration. 
 
 28. The local authority shall cause registers of all store licenses 
 granted by and of all premises registered with them under this Act 
 to be kept in such form and with such particulars as they may 
 direct. 
 
 The local authority shall, when so required by the secretary of 
 state, send to him, within the time fixed by such requisition, a copy 
 of such register or any part thereof, and in default the clerk of such 
 authority, and also the authority if they are in fault, shall be liable 
 to a penalty not exceeding one pound for every day during which 
 such default continues. 
 
 A ratepayer within the area of the local authority, and a licensee 
 or person registered under this Act, upon payment of a fee of one 
 shilling, and a government inspector, and an officer appointed by any 
 local authority for the purposes of this Act, and an officer of police, 
 without payment, shall be entitled at all reasonable times to inspect 
 and take copies of or extracts from any register kept in pursuance 
 of this section ; and the clerk of the local authority and every other 
 person who fails to allow such inspection or taking copies of or 
 extracts from the same, or demands any unauthorized fee therefor,
 
 38 VICT. c. 17, ss. 2833. 451 
 
 shall be liable to a penalty not exceeding one pound for bach Section 2S. 
 offence. 
 
 29. If the occupier of a store or registered premises dies or becomes Provision in 
 bankrupt, or has his affairs liquidated by arrangement, or becomes oasc of death, 
 mentally incapable or otherwise disabled, the person carrying on the &c., of 
 business of such occupier shall not be liable to any penalty or occupier of 
 forfeiture under this Act for carrying on the business and acting store or 
 under the license or registration during such reasonable time as may registered 
 be necessary to allow him to obtain a store license from or to register premises, 
 with the local authority, so that he otherwise conform with the 
 provisions of this Act. 
 
 Sale of Gunpowder. 
 
 30. Gunpowder shall not be hawked, sold, or exposed for sale Restrictioa 
 upon any highway, street, public thoroughfare, or public place. on sale of 
 
 If any gunpowder is hawked, sold, or exposed for sale in contra- gunpowder 
 vention of this section '-'. , _ in highway* 
 
 (1.) The person hawking, selling, or exposing for sale the same, c> 
 
 shall be liable to a penalty not exceeding forty shillings ; 
 
 and 
 (2.) All or any part of the gunpowder which is so hawked or 
 
 exposed for sale, or is found in the possession of any person 
 
 convicted under this section, may be forfeited. 
 
 31. Gunpowder shall not be sold to any child apparently under Penalty for 
 the age of thirteen years ; and any person selling gunpowder in con- sale of gun- 
 travention of this section shall be liable to a penalty not exceeding powder to 
 five pounds. x children. 
 
 32. All gunpowder exceeding one pound in weight, when publicly Sale of gun- 
 exposed for sale or sold, shall be in a substantial case, bag, canister, powder to be 
 or other receptacle made and closed so as to prevent the gunpowder * n closed 
 from escaping, and (except when the same is sold to any person packages 
 employed by or on the property occupied by the vendor for imme- labelled . 
 diate use in the service of the vendor or on such property) the outer- 
 most receptacle containing such gunpowdor shall have affixed the ' 
 
 word " gunpowder" in conspicuous characters by means of a brand or 
 securely attached label, or other mark. 
 
 If any gunpowder is sold or exposed for sale in contravention of 
 this section 
 
 1. The person selling or exposing for sale the same shall be liable : 
 
 to a penalty not exceeding forty shillings ; and 
 
 2. All or any part of the gunpowder so exposed for sale may be 
 
 forfeited. 
 
 Conveyance of Gunpowder. 
 
 33. The following general rules shall be observed with respect to General 
 the packing of gunpowder for conveyance : rules as to 
 
 1. The gunpowder, if not exceeding five pounds in amount shall packing of 
 
 be contained in a substantial case, bag, canister, or other gunpowder 
 
 receptacle, made and closed so as to prevent the gunpowder for con- 
 
 from escaping ; and veyance. 
 
 2. The gunpowder, if exceeding five pounds in amount, shall be 
 
 contained either in a single package or a double package. A
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 single package shall be a box, barrel, or case of sucli strength, 
 construction, and character as may be for the time being 
 approved by the government inspector as being of such 
 , t strength, construction, and character that it will not be 
 broken or accidentally opened, or become defective or insecure 
 whilst being conveyed, and will not allow the gunpowder to 
 escape. If the gunpowder is packed in a double package the 
 inner package shall be a substantial case, bag, canister, or 
 other receptacle made and closed so as to prevent the gun- 
 powder from escaping, and the outer package shall be a box, 
 barrel, or case of wood or metal or other solid material, and 
 shall be of such strength, construction, and character that it 
 will not be broken or accidentally opened, or become defective 
 or insecure whilst being conveyed, and will not allow the gun- 
 powder to escape ; and 
 
 3. The interior of every package, whether single or double, shall 
 
 be kept free from grit and otherwise clean ; and 
 
 4. Every package, whether single or double, when actually used 
 
 for the package of gunpowder, shall not be used for any other 
 purpose ; and 
 
 5. There shall not be any iron or steel in the construction of any 
 
 such single package or inner or outer package, unless the 
 same is effectually covered with tin, zinc, or other material ; 
 and 
 
 C. The amount of gunpowder in any single package, or if there is 
 a double package in any one outer package, shall not exceed 
 one hundred pounds, except with the consent of and under 
 conditions approved by a government inspector ; and 
 V. On the outermost package there shall be affixed the word "gun- 
 powder" in conspicuous characters by means of a brand or 
 securely attached label or other mark. 
 
 In the event of any breach (by any act or default) of any general 
 rule in this section, the gunpowder in respect of which the breach is 
 committed may be forfeited, and the person guilty of such breach 
 shall be liable to a penalty not exceeding twenty pounds. 
 
 The secretary of state may from time to time make, and when 
 made, repeal, alter, and add to, rules for the purpose of rescinding, 
 altering, or adding to the general rules contained in this section, 
 and the rules so made by the secretary of state shall have the same 
 effect as if they were enacted in this section. 
 
 34. Every harbour authority (a) shall, with the sanction of the 
 board of trade, make bye-laws for regulating the conveyance, loading, 
 and unloading of gunpowder Avithin the jurisdiction of the said 
 authority, and in particular for declaring or regulating all or any of 
 the following matters within the jurisdiction of the said authority ; 
 namely, 
 
 1. Determining the notice to be given by ships and boats convey- 
 
 ing, loading, or unloading gunpowder as merchandise within 
 the said jurisdiction ; and 
 
 2. Regulation and navigation and place of mooring of such ships 
 
 and boats ; and 
 
 3. Regulating, subject to the general rules with respect to packing 
 
 in this Act contained, the mode of stowing and keeping gun- 
 powder on board any such ship or boat, and of giving notice 
 
 See definition of " harbour authority," section 108.
 
 38 VICT. c. 17, s. 34. 
 
 by brands, labels, or otherwise of the nature of the package 
 containing the gunpowder ; and 
 
 4. Regulating the description, construction, fitting up, and licens- 
 
 ing of the ships, boats, or carriages to be used for the convey- 
 ance of gunpowder, and the licensing and dress of the persons 
 having charge thereof ; and 
 
 5. Prohibiting or subjecting to conditions and restrictions the 
 
 conveyance of gunpowder with any explosive or any articles 
 or substances, or in passenger ships, boats, trains, or carriages ; 
 and 
 
 6. Prohibiting in cases where the loading or unloading of gun- 
 
 powder within the jurisdiction of such authority appears to 
 l>e specially dangerous to the public such loading or unload- 
 ing, and fixing the places and times at which the gunpowder 
 is to be loaded or unloaded, and the quantity to be loaded or 
 unloaded or conveyed at one time or in one ship, boat, or 
 carriage ; and 
 
 7. Regulating the mode of and the precautions to be observed in 
 
 conveying any gunpowder, and in the loading or unloading 
 any ship, boat, or carriage conveying gunpowder as mer- 
 chandise, and the time during which gunpowder may be kept 
 during such conveyance, loading, or unloading ; and 
 
 8. Fixing the times at which lights or fires are to be allowed or not 
 
 allowed on board such ships or boats, as before mentioned, or 
 at which a constable or officer of the harbour authority is to 
 be on board them ; and 
 
 9. Providing for the publication and supply of copies of the bye- 
 
 laws ; and 
 
 10. Enforcing the observance of this Act both by their own ser- 
 
 vants and agents and also by other persons when within the 
 said jurisdiction ; and 
 
 11. Generally for protecting, Avhether by means similar to those 
 
 above mentioned or not, persons and property from danger. 
 
 The penalties to be annexed to any breach or attempt to commit 
 any breach of any such bye-laws may be all or any of the following 
 penalties, and may be imposed on such persons and graduated in 
 such manner as may be deemed just, according to the gravity of the 
 offence, and according as it may be a first or second or other subse- 
 quent offence, that is to say, pecuniary penalties not exceeding twenty 
 pounds for each offence, and ten pounds for each day during which 
 the offence continues, and forfeiture of all or any part of the gun- 
 powder in respect of which, or found in the ship, boat, or carriage in 
 respect of which, the breach of bye-law has taken place. 
 
 In the event of any breach of a bye-law under this section in the 
 case of any ship, boat, carriage, or gunpowder, whether there has or 
 has not been any conviction for such breach, it shall be lawful for 
 the harbour-master, or other officer named in the bye-laws, or any 
 person acting under the orders of the harbour authority, to cause such 
 ship, boat, carriage, or gunpowder, at the expense of the owner 
 thereof, to be removed to such place or otherwise dealt with in such 
 manner as may be in conformity with the bye-laws, and all expenses 
 incurred in such removal may be recovered in the same manner as a 
 penalty under this section, and any person resisting such harbour- 
 master or officer or other person in such removal shall be liable to 
 the same penalties as a person is liable to for obstructing the harbour- 
 master in the execution of his duty. 
 
 On any part of the coast of the United Kingdom or in any tidal 
 water for which there is no harbour authority, the board of trade
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Bje-Iaws 
 fcy railway 
 and canal 
 company as 
 to con- 
 yeyanco, 
 loading, &c. 
 f gun- 
 fowder. 
 
 may, if iliey think it expedient, make bye-laws under this section 
 for that part or water as it it were a harbour and they were the 
 harbour authority, and such bye-laws shall be deemed to have been 
 made by a harbour authority with the sanction of the board of trade; 
 and the'y may by such bye-laws define the area within which such 
 bye-laws are to be observed, and the authorities and officers by whom 
 such bye-laws are to be enforced and carried into effect within such 
 area, and every such authority and otlicer shall for the purposes of 
 this Act, other than making bye-laws or assenting to a site for a new 
 factory or magazine, have the same power within the said area as a 
 harbour authority and an officer of a harbour authority have re- 
 spectively under this Act in a harbour. 
 
 35. Every railway company and every canal company over whose 
 railway or canal any gunpowder is carried, or intended to be carried, 
 shall, with the sanction of the board of trade, make bye-laws for 
 regulating the conveyance, loading, and unloading of such gun- 
 powder on the railway or canal of the company making the bye- 
 laws, and in particular for declaring and regulating all or any of 
 the following matters in the case of such railway or canal ; that is to 
 
 say, 
 
 1. Determining the notice to be given of the intention to send 
 
 gunpowder for conveyance as merchandise on the railway or 
 canal ; and 
 
 2. Regulating, subject to the general rules with respect to packing 
 
 in this Act contained, the mode of stowing and keeping gun- 
 powder for conveyance and of giving notice by brands, labels, 
 or otherwise of the nature of the package containing the gun- 
 powder ; and 
 
 3. Regulating the description and construction of carriages, ships, 
 
 or boats to be used in the conveyance of gunpowder ; and 
 
 4. Prohibiting or subjecting to conditions and restrictions the 
 
 conveyance of gunpowder with any explosive, or with any 
 articles or substances, or in passenger trains, carriages, ships, 
 or boats ; and 
 
 5. Fixing the places and times at which the gunpowder is to 
 
 be loaded or unloaded, and the quantity to be loaded or 
 unloaded or conveyed at one time, or in one carriage, ship, or 
 boat ; and 
 
 G. Determining the precautions to be observed in conveying gun- 
 powder, and in loading and unloading the carnages, ships, 
 and boats used in such conveyance, and the time during which 
 the gunpowder may be kept during such conveyance, loading, 
 and unloading ; and 
 
 7. Providing for the publication and supply of copies of the bye- 
 
 laws ; and 
 
 8. Enforcing the observance of this Act both by their servants and 
 
 agents and also by other persons when on the canal or railway 
 of such company ; and 
 
 9. Generally for protecting, whether by means similar to those 
 
 above mentioned or not, persons and property from danger. 
 
 Such bye-laws, when confirmed by the board of trade, shall apply 
 to the railway, canal, agents, and servants of the company making 
 the same, and to the persons using such railway or canal, or the pre- 
 mises connected therewith and occupied by or under the control of 
 such company. Y 
 
 The penalties to be annexed to any breach or attempt to commit 
 . any breach of any auch bye-laws may be all or any of the following
 
 38 VICT. c. 17, ss. 3537. 455 
 
 penalties, and may be imposed on such persons and graduated in Section 35. 
 such manner as may be deemed just, according to the gravity of the 
 offence, and according as it may be a first, second, or other subsequent 
 offence, that is to say, pecuniary penalties not exceeding twenty 
 pounds for each offence, and ten pounds for each day during which 
 the offence continues, and forfeiture of all or any part of the gun- 
 powder in respect of which, or being in the carriage, ship, or boat or 
 train of carriages, ships, or boats in respect of which, the breach of 
 bye-law has taken place. 
 
 36. The occupier of every wharf or dock on or in which gunpowder Bye-laws 
 is loaded or unloaded (if such loading or unloading is not otherwise as to 
 subject to any bye-laws under this Act) may, and if so required by wharves 
 the secretary of state shall, from time to time, with the sanction of in which 
 the secretary of state, make bye-laws for regulating the loading and gunpowder 
 unloading of gunpowder on or in such wharf or dock, and in parti- ^ loaded or 
 cular for declaring or regulating all or any of the matters which can unloaded, 
 be declared or regulated in the case of any wharf or dock within the 
 jurisdiction of a harbour authority by by-laws made by such authority 
 
 in pursuance of this Act. 
 
 The penalties to be annexed to any breach, or attempt to commit 
 any breach, of any such bye-laws may be all or any of the following 
 penalties, and may be imposed on such persons and graduated in 
 such manner as may be deemed just, according to the gravity of the 
 offence, and according as it may be a first or second or other sub- 
 sequent offence, that is to say, pecuniary penalties not exceeding 
 twenty pounds for each offence, and ten pounds for each day during 
 which the offence continues, and forfeiture of all or any part of the 
 gunpowder in respect of which, or found on the wharf or in the 
 dock or part of the wharf or dock in respect of which, the breach of 
 bye-law has taken place. 
 
 Any bye-laws made in pursuance of this section may, and if required 
 by the secretary of state shall, be rescinded, altered, or added to 
 by bye-laws made by the occupier, with the sanction of the secretary 
 of state. 
 
 If an occupier is required by the secretary of state to make bye- 
 laws under this section for any matter, and fail within three months 
 after such requisition to comply therewith to the satisfaction of the 
 secretary of state, the secretary of state may make such bye-laws, 
 which shall have effect as if made by the occupier with the sanction 
 of the secretary of state. 
 
 Where by reason of a wharf being a public wharf or otherwise, 
 there is no occupier thereof, or the occupier thereof is unknown, the 
 secretary of state may make bye-laws with respect to such wharf in 
 like manner as if the occupier had failed to comply with his requisi- 
 tion : Provided that where such wharf abuts on any harbour, canal, 
 or railway, the harbour authority or canal or railway company shall 
 have the same power, and, if so required by the secretary of state, 
 shall be under the same obligation to make bye-laws under this 
 section for such wharf as if they were the occupiers thereof. 
 
 37. The secretary of state may from time to time make, and when Bye-kws 
 made, rescind, alter, or add to, byerlaws for regulating the convey- as to con- 
 ance, loading, and unloading of gunpowder in any case in which bye- veyance 
 laws made under any other provision of this Act do not apply, and by road or 
 in particular for declaring or regulating all or any of the following otherwise, 
 matters : that is to say,
 
 456 
 Section 37. 
 
 Confirmation 
 and publica- 
 tion of bye- 
 laws. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 1. Regulating the description and construction of carriages to 
 
 be used in the conveyance of gunpowder as merchandise; 
 and 
 
 2. Prohibiting or subjecting to conditions and restrictions the con- 
 
 veyance of gunpowder with any explosive, or with any articles 
 or substances, or in passenger carriages ; and 
 
 3. Fixing the places and times at which the gunpowder is to be 
 
 loaded or unloaded, and the quantity to be loaded or unloaded 
 or conveyed at one time or in one carriage ; and 
 
 4. Determining the precautions to be observed in conveying gun- 
 
 powder, and in loading and unloading the carriages used in 
 such conveyance, and the time during which the gunpowder 
 ance, loading and unloading ; 
 
 may be kept during such conveyance 
 and 
 
 5. Providing for the publication and supply of copies of the bye- 
 
 laws ; and 
 
 6. Generally for protecting, whether by means similar to those 
 
 above mentioned or not, persons or property from danger ; 
 and 
 
 7. Adapting on good cause being shown the bye-laws in force 
 
 under this section to the circumstances of any particular 
 locality. 
 
 The penalties to be annexed to any breach, or attempt to commit 
 any breach, of any such bye-laws may be all or any of the following 
 penalties, and may be imposed on sueh persons and graduated in 
 such manner as may be deemed just, according to the gravity of the 
 offence, and according as it may be a first, second, or other subsequent 
 offence, that is to say, pecuniary penalties not exceeding twenty pounds 
 for each offence, and ten pounds for each day during which the breach 
 continues, and forfeiture of all or any part of the gunpowder in re- 
 spect of which, or being in the carriage in respect of which, the 
 breach of bye-law has taken place. 
 
 For the purpose of any mode of conveyance which is not a convey- 
 ance by land this section shall be construed as if ship and boat were 
 included in the term carriage. 
 
 38. Any recommendation to Her Majesty in council, any general 
 rules with respect to packing, and any bye- laws which is or are pro- 
 posed to be made under this Act by a secretary of state or the 
 board of trade shall, before being so made, be published in such 
 manner as the secretary of state or the board of trade, as the case 
 may be, may direct as being in his or their opinion sufficient for 
 giving information thereof to all local authorities, corporations, and 
 persons interested. 
 
 The bye-laws framed by any railway company, canal company, or 
 harbour authority under this Act shall, before being sanctioned by 
 the board of trade, be published in such manner as may be directed 
 by the board of trade, with a notice of the intention of such com- 
 pany or authority to apply for the confirmation thereof, and may be 
 sanctioned by the board of trade with or without any omission, addi- 
 tion, or alteration, or may be disallowed. 
 
 Every such bye-law may be from time to time added to, altered, 
 or rescinded by a bye-law made in like manner and with the like 
 sanction as the original bye-law. 
 
 The secretary of state or the board of trade, as the case may be, 
 shall receive and consider any objections or suggestions made by any 
 local authority, corporation, or persons interested with respect to any 
 recommendation, general rules, or bye-laws published in pursuance
 
 38 VICT. c. 17, SB. 3840. 457 
 
 of this section, and may, if it seem fit, amend such recommendation, Section 38. 
 
 general rules, or bye-laws with a view of meeting such objections or 
 suggestions without again publishing the same. 
 
 PART II. 
 
 LAW RELATING TO OTHER EXPLOSIVES. 
 
 Application of Part I. to other Explosives. 
 
 39. Subject to the provisions hereafter in this part of this Act P ar * ! relat- 
 
 contained, Part One of this Act relating to gunpowder shall apply to in g to S*' 
 
 every other description of explosive, in like manner as if those pro- ponder ap- 
 
 visions were herein re-enacted with the substitution of that descrip- P|* ed to , 
 
 tion of explosive for gunpowder. * her e *P l0 ' 
 
 40. The following modifications and additions shall be made in 
 and to Part One of this Act as applied to explosives other than 
 gunpowder : 
 
 (1.) The draft license for a factory or magazine submitted by an 
 applicant to the secretary of state shall specify such parti- 
 culars as the secretary of state may require ; and 
 (2.) The prescribed general rules shall be substituted for the general 
 rules in Part One of this Act relating to factories, magazines, 
 stores, and registered premises respectively ; but no such 
 general rule shall require the removal of any building or 
 work in use at the date of the order in council by which 
 such rule is made ; 
 
 (3.) The secretary of state may from time to time alter the general 
 rules relating to packing contained in Part One of this Act 
 for the purpose of adapting the same to the packing of any 
 explosive other than gunpowder ; and 
 
 (4.) For the maximum amount limited by Part One of this Act to 
 be kept for private use and not for sale, or in a store, and 
 for the minimum amount limited by Part One of this Act 
 to be exposed for sale or sold otherwise than in a substantial 
 case, box, canister, or other receptacle as therein men- 
 tioned, there shall be substituted in the case of explo- 
 sives other than gunpowder the following amounts (a) 
 namely, 
 
 (a) Where such explosive consists of safety cartridges 
 made with gunpowder, an amount containing not 
 more than five times the maximum or minimum 
 amount of gunpowder, as the case may be, above 
 mentioned ; and 
 
 (6) In the case of any other explosive, the prescribed 
 amount ; and 
 
 Modification 
 of Part I. a* 
 applied to 
 explosives 
 other than 
 gunpowder. 
 
 () See Newly v. Sharpe, L. R. 8 Ch. Div. 39, where the landlord let 
 premises for storing cartridges, and after the passing of this Act making it 
 illegal to store cartridges and gunpowder in one building, removed the 
 plaintiff's cartridges, it was held, that the grant of the liberty to the 
 tenant by the landlord to store cartridges, did not imply a warranty of the 
 legality of storing them.
 
 458 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 40. (5.) Two or more descriptions of explosives shall not be kept in 
 the same store or registered premises, except such descrip- 
 tions as may be prescribed in that behalf ; and, wheu so 
 kept, shall be kept subject to the prescribed conditions and 
 restrictions ; and 
 
 (6.) Where any explosive, other than gunpowder, is allowed to be 
 kept in the same store or registered premises with gun- 
 powder, the maximum amount of gunpowder to be kept 
 therein shall be the prescribed amount in lieu of the amount 
 fixed by Part One of this Act ; and 
 
 (7.) Where any explosive, other than gunpowder, is allowed to 
 be kept in the same magazine, store, or registered premises 
 with gunpowder, the prescribed general rules shall be 
 observed instead of the general rules in Part One of ^this 
 Act ; and 
 
 (8.) There shall be on the outermost package containing the explo- 
 sive in lieu of the word "gunpowder" the name of the 
 explosive, with the addition of the word " explosive," and 
 if such name is materially false the person selling or 
 exposing for sale such explosive, and also the owner of the 
 explosive, shall be liable to a penalty not exceeding fifty 
 pounds : 
 
 (9.) With respect to the importation from any place out of the 
 United Kingdom of either dynamite or gun-cotton, or any 
 explosive (other than gunpowder, cartridges made with 
 gunpowder, percussion caps, fireworks, and any prescribed 
 explosive), the following provisions shall have effect ; that 
 is to say, 
 
 (a.) The owner and master of any ship having on board 
 any such explosive shall not permit the same to 
 be unloaded and delivered to any person who does 
 not hold a license to import the same (in this Act 
 called an importation license) from the secretary 
 of state, and any transhipment shall for the pur- 
 pose of this section be deemed to be delivery ; 
 and 
 
 (b.) The secretary of state may grant an importation 
 license for any such explosive, and may annex 
 thereto any prohibitions and restrictions with 
 respect to the composition and quality of the ex- 
 plosive, and the unloading, landing, delivery, and 
 conveyance thereof, and such further provisions 
 and restrictions as he may think fit, for the protec- 
 tion of the public from danger ; and 
 (c.) The license shall be of such duration as the secretary 
 of state may fix, and shall be available only for 
 the person named in the license ; and 
 (d.) In the event of any breach by any act or default of 
 the provisions of this section with respect to the 
 importation of an explosive, or of the provisions of 
 any importation license, all or any part of the ex- 
 plosive with respect to which such breach is com- 
 mitted, or being in any ship or boat in connexion 
 with which such breach is committed, may be for- 
 leited, and the owner and master of such ship or 
 boat, and the licensee or person to whom the explo- 
 sive is delivered, shall each be liable to a penalty 
 not exceeding one hundred pounds, and to a further
 
 88 VIOT. c. 17, ss. 4043. 459 
 
 penalty not exceeding two shillings for every pound Section 40. 
 of such explosive ; and 
 
 (e.) The commissioners of customs and their officers shall 
 have the same power with respect to any such 
 explosive, and the ship containing the same, as 
 they have for the time being with respect to any 
 article on the importation of which restrictions are 
 for the time being imposed by the law relating to 
 the customs, and the ship containing the same, and 
 the enactments for the time being in force relating 
 to the customs or any such article or ship shall 
 apply accordingly. 
 
 41. Nothing in this act shall apply to the filling or conveying, for Exemption 
 private use and not for sale, of any safety cartridges (a) to the amount of making 
 allowed by this Act to be kept for private use. and carrying 
 
 safety car- 
 
 42. Section twenty-nine of the Passengers Act, 1855, and sections private use. 
 twenty-three to twenty-seven, both inclusive, of the Merchant Ship- E . f 
 ping Act, 1873, shall apply to every explosive within the meaning of -JQ & 19 y f 
 this Act in like manner as they apply to gunpowder. c -Qg s 29 
 
 and 36 & 37 
 Viet. c. 85, 
 
 Specially Dangerous Explosives. ss. 23-27, to 
 
 all explosives. 
 
 43. Notwithstanding anything in this Act, Her Majesty from time Power to ' r - 
 to time, by order in council, may prohibit, either absolutely, or except prohibit 
 
 in pursuance of a license of the secretary of state under this Act, or manufacture, 
 may subject to conditions or restrictions the manufacture, keeping, importation, 
 importation from any place out of the United Kingdom, conveyance, storage, and 
 and sale, or any of them, of any explosive which is of so dangerous a carriage of 
 character that, in the judgment of Her Majestv, it is expedient for specially 
 the public safety to make such order . dangerous 
 
 Provided that such order shall not absolutely prohibit anything ex Pl slves - 
 which may be lawfully done in pursuance of any continuing certi- 
 ficate under this Act. 
 
 Any explosive manufactured or kept in contravention of any such 
 order shall be deemed to be manufactured or kept, as the case may 
 be, in an unauthorized place. 
 
 Any explosive conveyed in contravention of any such order shall be 
 deemed to be conveyed in contravention of a bye-law made under 
 this Act with respect to the conveyance of explosives. 
 
 If any explosive is imported or sold in contravention of any such 
 order, 
 
 1. All or any part of such explosive may be forfeited ; and 
 
 2. The owner or master of the ship in which it was imported shall 
 
 be liable to a penalty not exceeding ten shillings for every 
 pound of such explosive brought in the ship ; and 
 
 3. The person to whom it was delivered and the person selling the 
 
 same shall be liable to a penalty not exceeding ten shillings 
 for every pound of such explosive delivered or sold or found 
 in his possession. 
 
 The commissioners of customs and their officers shall have the 
 same power with respect to any such explosive, and the ship contain- 
 ing the same, as they have for the time being with respect to any 
 
 (a) See definition of " safety cartridge," section 108.
 
 460 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 43. article prohibited to be imported by the law relatin^ ___., 
 
 he ship containing the same, and the enactments for the time 
 
 ^ to the customs, 
 
 and the ship containing the same, and the enactments for the time 
 being in force relating to the customs and any such article or ship 
 shall apply accordingly. 
 
 Provisions in favour of certain Manufacturers and Dealers. 
 
 Provision in *4- The occupier of a factory for any explosive shall not be | 
 favour of required by this Act to take out a factory license for making up on 
 
 makers, &c., such factory the explosive made thereon into cartridges or charges 
 of blasting for cannon or blasting not containing within themselves their own 
 cartridges. means of ignition. 
 
 The occupier of any magazine, store, or registered premises for 
 keeping any explosive may keep that explosive when made up into 
 such cartridges or charges as above in this section mentioned, as if it 
 were not so made up, and the provisions of this Act with respect to 
 the keeping of any explosive shall apply to the keeping of that ex- 
 plosive when made up into the said cartridges or charges, in like 
 manner as if the explosive were not so made up. 
 
 Provision in ^5. The occupier of a factory for any explosive who manufactures 
 
 favour of a new explosive or new form of explosive similar to the one specified 
 
 makers of in his license, shall not be deemed to be manufactured the same in 
 new explosive an unauthorized place if he manufacture the same on a small scale, 
 for experi- and exclusively for the purpose of trial and not for sale, and he send 
 ment. notice of the same, as soon as he has manufactured it, to the secretary 
 
 of state, and if he observe the provisions of this Act, so far as they 
 
 are applicable. 
 
 Provision in 46. The occupier of a magazine, store, or registered premises for 
 
 favour of any explosive shall not be required by this Act to take out a factory 
 
 gnnmakers, license by reason that in connexion wdth such magazine, store, or 
 Ac., making premises he fills for sale or otherwise any cartridge for small arms 
 cartridges. with the said explosive, so that he observe the following regulations ; 
 namely, 
 
 (1.) There shall not be in the room in which siich filling is being 
 carried on more than five pounds of gunpowder, or the pre- 
 scribed amount of any other explosive, except it is made up 
 into safety cartridges ; and 
 
 (2.) Any work unconnected with the making of the cartridges shall 
 not be carried on in the room while such filling is being 
 carried on ; and 
 
 (3.) There shall not be in the room while such filling is being car- 
 ried on any fire nor any artificial light, except a light of 
 such construction, position, or character as not to cause any 
 danger of fire or explosion ; and 
 
 (4.) In the case of a magazine or store, the room in which the 
 filling is carried on shall be detached from the magazine or 
 store, but in the immediate neighbourhood thereof, and at 
 such distance therefrom as may be specified in the case of a 
 magazine by the license, and in the case of a store by an 
 order in council relating to stores ; and 
 
 (5.) The occupier shall give notice in the case of a magazine to the 
 secretary of state, and in the case of a store or registered 
 premises to the local authority, that he intends to carry on 
 such filling of cartridges as is allowed by this section.
 
 88 VICT. c. 17, ss. 46, 47. 461 
 
 Provided that this section shall not, except with the consent of Section 46. 
 the secretary of state, apply to any magazine or store for which a 
 continuing certificate has been obtained under this Act, which 
 consent the secretary of state, if satisfied that the filling of car- 
 tridges in accordance with this section ought (due regard being had to 
 the safety of the public) to be allowed, may grant either absolutely 
 or upon such conditions as he may, under the special circum- 
 stances of the case, think expedient to secure the safety of the 
 public. 
 
 The regulations in this section and any conditions so made by the 
 secretary of state as last aforesaid, shafl. be deemed to be general 
 rules under this Act relating to the magazine, store, and registered 
 premises respectively, and the breach of them shall be punished 
 accordingly. 
 
 47. The occupier of any magazine or store for any explosive shall Provision in 
 not be required by this Act to take out a factory license by reason favour of 
 that, in connection with such magazine or store, he, by filling car- owners of 
 tridges, making charges, drying, sifting, fitting, or otherwise, adapts mines and 
 or prepares the said explosive for use exclusively in his mine or quarries, as 
 quarry, or in some excavation or work carried on by him or under his * ma] ng 
 control, so that he observe the following regulations ; namely, charges, c., 
 
 (1.) There shall not be in the workshop in which such adaptation c 
 or preparation is carried on more than one hundred pounds 
 of gunpowder or the prescribed amount of any other explo- 
 sive ; and 
 
 (2.) Any work unconnected with such adaptation or preparation 
 shall not be carried on in the said workshop while such 
 adaptation or preparation is being carried on ; and 
 {3.) The said workshop shall be detached from the magazine or 
 store, but in the immediate neighbourhood thereof, and at 
 such distance therefrom as may be specified in the case of a 
 magazine by the license, and in the case of a store by an order 
 in council relating to stores ; and 
 
 (4.) An explosive of one description shall not be converted into an 
 explosive of another description, and shall not be unmade or 
 resolved into its ingredients ; and 
 
 {5.) The occupier shall give notice in the case of a magazine to the 
 secretary of state, and in the case of a store to the local 
 authority, that he intends to cany on such adaptation or 
 preparation as is allowed by this section. 
 
 Provided that this section shall not, except with the consent of the 
 secretary of state, apply to any magazine or store for which a con- 
 tinuing certificate has been obtained under this Act, which consent 
 the secretary of state, if satisfied that the adaptation or preparation 
 in accordance with this section ought (due regard being had to the 
 safety of the public) to be allowed, may grant either absolutely or 
 upon such conditions as he may, under the special circumstances of 
 the case, think expedient to secure the safety of the public. 
 
 The regulations in this section, and any conditions so made by the 
 secretary of state as last aforesaid, shall be deemed to be general rules 
 tinder this Act relating to the magazine and store respectively, and the 
 breach of them shall be punished accordingly. 
 
 The following general rules shall apply as if the said workshop 
 were a danger buikFng, that is to say, if the adaptation or prepara- 
 tion carried on is of gunpowder only, the general rules with respect 
 to a factory in part one of this Act, and in any other case the pre- 
 scribed general rules ; and the breach of such general rules shall be
 
 462 
 Section 47. 
 
 Provision in 
 favour of 
 small fire- 
 work manu- 
 facturer who 
 may obtain a 
 license from 
 the local 
 authority. 
 
 Licensing by 
 local autho- 
 rity and re- 
 gulation of 
 small fire- 
 work fac- 
 tories. 
 
 Keeping 
 without a 
 license and 
 conveyance 
 of percussion 
 caps, Ac. 
 
 APPENDIX THE EXPLOSIVES ACT, 1875. 
 
 punished in like manner as the breach of general rules with respect 
 to a factory. 
 
 48. A firework factory shall not be deemed to be a small firework 
 factory for the purpose of this Act if there is upon the same factory 
 at the same time 
 
 (a.) More than one hundred pounds of any explosive other than 
 manufactured fireworks and coloured fires and stars ; or 
 
 (6.) More than five hundred pounds of manufactured fireworks, 
 either finished or partly finished ; or 
 
 (c.) More than twenty-five pounds of coloured fires or stars, not 
 
 made up into manufactured fireworks. 
 
 The occupier of a small firework factory shall not be required to 
 obtain a license under part one of this Act for such factory if he 
 has obtained a license from the local authority under this part of this 
 Act. 
 
 A person having such license from the local authority who manu- 
 factures an explosive (other than nitro-glycerine or any prescribed 
 explosive) for the purpose only of the manufacture of coloured 
 fires or a manufactured firework in accordance with this Act, and 
 does not sell the same except in the form of coloured fires packed 
 in the manner required by this Act, or of a manufactured firework, 
 shall not be deemed to manufacture an explosive in an unauthorized 
 place. 
 
 49. Any person may apply for a small firework factory license 
 to the local authority at the time and place appointed by such 
 authority, stating his name, address, and calling, and the proposed 
 site and construction of the factory, and the amount and description 
 of explosive he proposes to have therein, and in any building 
 therein ; and the local authority shall, as soon as practicable, if the 
 proposed site, construction of the factory, and amount of explosive is 
 in accordance with the order in council regulating small firework 
 factories, grant to the applicant, on payment of such fee, not exceed- 
 ing five shillings, as may be fixed by that authority, the license 
 provided for. 
 
 The powers of this Act of making orders in council with respect to 
 stores and of prescribing general rules with respect to stores shall 
 extend to making orders in council and prescribing general rules with 
 respect to small firework factories and the buildings thereon ; and 
 any breach (by any act or default) of any such general rule shall 
 involve the same penalties and forfeitures as a breach of a general 
 rule relating to stores. 
 
 A small firework factory license shall be valid only for the person 
 named in it, and the provisions of this Act with respect to the 
 renewal, expiration, and form of store licenses, and fees for such 
 renewal, and to special rules for the regulation of persons managing 
 or employed in or about stores, shall apply in like manner as if they 
 were herein enacted, and in terms made applicable to small firework 
 factory licenses and small firework factories respectively. 
 
 50. A person shall not be required by this Act to take out a 
 license or to register any premises for the keeping of percussion 
 caps, or safety-fuzes for blasting, or fog-signals kept by any railway 
 compan}' for use on the railway of such company, or any prescribed 
 explosive. 
 
 It shall not be obligatory on any harbour authority, railway com- 
 pany, canal company, or occupier of a wharf, to make any bye-laws
 
 38 VICT. c. 17, ss. 5052. 463 
 
 with respect to the conveyance, loading, or unloading of any explo- Section 50. 
 sives to which this section applies. 
 
 It shall be lawful for Her Majesty, by order in council, to exempt 
 any explosive to which this section applies, or any description 
 thereof, from any other of the provisions of this Act, or to declare 
 that a license shall be required for the keeping of any explosive to 
 which this section applies, or any description thereof, or that bye-laws 
 shall be made with respect to the loading, unloading, and conveyance 
 thereof. 
 
 Existing Factories, Magazines, and Stores. 
 
 51. In any continuing certificate for a lawfully existing factory or Application 
 magazine for any explosive other than gunpowder, the regulations of Part I. of 
 set out in the first schedule to this Act shall not form part of the the Act to 
 terms of such certificate, but in lieu thereof the secretary of state shall existing 
 insert in the certificate as the terms thereof, factories and 
 
 (1.) If the factory or magazine is for dynamite or any substance magazines, 
 having nitro-glycerine as one of its component parts or 
 ingredients, the conditions contained in the existing license, 
 with such modifications (if any) as the secretary of state 
 may think necessary in order to bring the same into con- 
 formity with this Act, and also any limitation of time for 
 the expiration of the license contained in the existing license, 
 and also the existing power of the secretary of state to revoke 
 the license ; and 
 
 (2.) In any other case, such terms as the secretary of state may 
 think expedient, having regard to the conditions (if any) 
 contained in the license under which the factory or maga- 
 zine is established ; and such terms shall include any 
 limitation of time contained in such license, but shall not 
 require the removal of any lawfully existing .building or 
 work. 
 
 If a new license under this Act is obtained for keeping in an 
 existing gunpowder store any explosive other than gunpowder, the 
 continuing certificate of such store shall be determined, and the 
 store shall cease to be deemed to be an existing gunpowder store 
 within the meaning of this Act 
 
 52. Where the license of a factory or magazine for any explo- Continuing 
 give other than gunpowder will expire within twelve months after certificate 
 the commencement of this Act, the occupier of such factory or not required 
 maga/ine shall not require a continuing certificate under this Act, for factory, 
 but until such license expires shall be entitled to use such factory or magazine, or 
 magazine in like manner as if this Act had not passed, without importation 
 prejudice nevertheless to any application by him for a license "cense 
 under this Act for such factory or magazine, but after a license e *?5 in ? 2 
 under this Act is obtained for the same, or after the expiration of Wltl " n L * 
 the old license, such factory or magazine shall not be deemed to f g^res 
 be a lawfully existing factory or magazine within the meaning of u censed 
 
 The occupier of any magazine licensed at the time of the passing of glycerine 
 this Act by a general magazine license under the Nitro-glycerine Act, 1869. 
 Act, 1869, shall not require a continuing certificate under this Act, 
 but until the expiration of six months after the commencement of 
 this Act shall be entitled to use such magazine in like manner as if 
 this Act had not passed, without prejudice nevertheless to a license
 
 464 
 
 APPENDIX THE EXPLOSIVES ACT, 1875. 
 
 Section 52. under this Act being obtained for the same ; but after a license under 
 this Act is obtained for the same, or after the expiration of the said 
 six months, such license shall determine, and such magazine shall 
 not be .deemed to be a lawfully existing magazine or store within the 
 meaning of this Act. 
 
 The holder of any importation license under the Nitre-glycerine 
 Act, 1869, shall, until the expiration of six months after the com- 
 mencement of this Act, be entitled to act under such license in like 
 manner as if this Act had not passed, without prejudice nevertheless 
 to any application by him for an importation license under this 
 Act ; but after such license under this Act is obtained, or after 
 the expiration of the said six months, such existing license shall 
 determine. 
 
 PART III. 
 
 ADMINISTRATION OF LAW. 
 GOVERNMENT SUPERVISION. 
 
 Inspection. 
 
 Appointment 53. The secretary of state may from time to time by order appoint 
 of government any fit persons to be inspectors for the purposes of this Act, and 
 inspectors. assign them their duties, and award them such salaries as the Com- 
 missioners of Her Majesty's Treasury may approve, and remove such 
 inspectors, and any such inspector is referred to in this Act as a 
 Government inspector. 
 
 Every order appointing an inspector shall be published in the 
 London Gazette. 
 
 Disqualifica- 
 tion of 
 persons as 
 inspectors. 
 
 Powers of 
 
 government 
 
 inspectors. 
 
 54. Any person who practises or acts, or is a partner with any 
 person who practises or acts, as a manufacturer, storer, carrier, im- 
 porter or exporter of or trader or dealer in an explosive, or holds any 
 patent connected with an explosive, or is otherwise directly or indi- 
 rectly engaged or interested in any such manufacture, storage, con- 
 veyance, importation, exportation, trade, dealing, or patent, shall not 
 act as an inspector under this Act. 
 
 55. A Government inspector shall have power to make such exa- 
 mination and inquiry as may be necessary to ascertain whether this 
 Act is complied with, and for that purpose, 
 
 (1.) He may enter, inspect, and examine any factory, magazine, 
 or store of any explosive, and every part thereof, at all 
 times by day and night, but so as not to unnecessarily im- 
 pede or obstruct the work in such factory, magazine, or 
 store, and may make inquiries as to the observance, of this 
 Act and all matters and things relating to the safety of the 
 public or of the persons employed in or about such factory, 
 magazine, or store ; and 
 
 (2.) He may enter, inspect, and examine any premises registered 
 under this Act, and every , part thereof, in which any explo- 
 sive is kept, or is reasonably supposed by him to be kept, at 
 all reasonable times by day ; and 
 
 (3.) He may require the occupier of any factory, magazine, store,
 
 38 VICT. c. 17, ss. 5558. 465 
 
 or premises -which he ia entitled, under this section, to enter, Section 55. 
 or a person employed by such occupier therein, to give him 
 
 samples of any explosive or ingredients of an explosive 
 therein, or of any substance therein, the keeping of which 
 is restricted or regulated by this Act, or of any substance 
 therein which the inspector believes to be an explosive, or 
 such ingredients or substance. 
 
 The occupier of every such factory, magazine, store, and registered 
 premises, his agents and servants, shall furnish the means required 
 by the inspector as necessary for every such entry, inspection, exami- 
 nation, and inquiry. 
 
 Any person who fails to permit a government inspector to enter, 
 inspect, examine, or make inquiries in pursuance of this section, or to 
 comply with any requisition of such inspector in pursuance of this 
 section, or who in any manner obstructs such inspector in the execu- 
 tion of his duties under this Act, shall be liable to a penalty not 
 exceeding one hundred pounds for each offence. 
 
 56. If in any matter (which is not provided for by any express Notice by 
 provision of this Act) an inspector find any factory, magazine, or government 1 
 store for an explosive, or any part thereof, or any thing or practice inspector to 
 therein or connected therewith, to be unnecessarily dangerous or defec- remedy 
 tive, so as in his opinion to tend to endanger the public safety or the dangerous 
 bodily safety of any person, such inspector may require the occupier practices, &c., 
 of such factory, magazine, or store to remedy the same. ?; n< * P ena *ty 
 
 Where the occupier objects to comply with the requisition he may n n " 
 require the matter to be referred to arbitration in manner provided CO? 1181 " 56 - 
 by this Act. 
 
 No person shall be precluded by any contract from doing such acts 
 as may be necessary to comply with a requisition or award under this 
 section ; and no person shall be liable under any contract to any 
 penalty or forfeiture for doing those acts if he gave notice of such 
 contract to the inspector at or before the time at which the in- 
 spector made the requisition or to the arbitrators before the award 
 was made. 
 
 If the occupier fail to comply with the requisition or award within 
 twenty days after the expiration of the time for requiring the matter 
 to be referred to arbitration if there is no reference to arbitration, or 
 if there is such a reference after the date of the award, he shall be 
 liable to a penalty not exceeding twenty pounds for every day during 
 which he so fails to comply. 
 
 Provided that the court, if satisfied that the occupier has taken 
 active measures for complying with the requisition or award, but has 
 not, with reasonable diligence, been able to complete the works, may 
 adjourn any proceedings taken before them for punishing such failure, 
 and if the works are completed within a reasonable time in the opinion 
 of the court, no penalty shall be inflicted. 
 
 57. A report of the proceedings under this Act shall be made Annual 
 annually to the secretary of state, by such inspectors and in such report of 
 manner and form as may be directed by him, and shall be laid before government 
 both houses of parliament inspectors 
 
 proceedings. 
 
 58. The board of trade may from time to time, by order, Inspection 
 direct by railway 
 
 (a.) Any person acting under the board as an inspector of rail- inspect s or 
 ways to inquire into the observance of this Act by any " ls P e ctrs oi 
 railway company or canal company, and generally to act
 
 466 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 58. with respect to any railway or canal as an inspector tinder 
 
 this Act ; or 
 
 (6.) Any person acting under the board as an inspector or other- 
 wise for the purposes of the Merchant Shipping Act, 1854, 
 or the Acts amending the same (a), to inquire into the ob- 
 servance of this Act in any harbour or in the case of any 
 ship, and generally to act in such harbour and with respect 
 to ships as an inspector under this Act. 
 
 The board of trade may revoke any such order ; and each such 
 inspector shall, while such order is in force, have for that purpose 
 the same powers and authorities as he has under the Acts in 
 pursuance of which he was originally appointed inspector, and 
 also the powers and authorities of a government inspector under 
 this Act. 
 
 of 35 & 36 
 Viet. c. 76, 
 and c. 77 to 
 magazines 
 used for 
 mines. 
 
 License and 
 special rules 
 certified by 
 government 
 inspector to 
 be evidence. 
 35 & 36 Viet. 
 c. 76, s. 59. 
 Keeping and 
 carriage of 
 samples by 
 government 
 inspector. 
 
 Salaries of 
 government 
 inspectors 
 and expenses 
 of Act. 
 
 Notice to 
 be given of 
 accidents 
 connected 
 with ex- 
 plosive. 
 
 59. Where a magazine or store is established for the purpose of any 
 mine subject to the Coal Mines Regulation Act, 1872, or the Metal- 
 liferous Mines Regulation Act, 1872, by the owner (as denned by 
 such Act) of the mine, the secretary of state may from time to time 
 by order direct an inspector under either of those Acts to act Math 
 respect to such magazine or store as a government inspector under 
 this Act, and may revoke any such order ; and such inspector shall, 
 while such order is in force, have for that purpose the same powers 
 and authorities as he has under the said Acts, and also the powers 
 and authorities of a government inspector under this Act. 
 
 60. A copy of any license confirmed by the secretary of state under 
 this Act, and of any special rules under this Act, certified by a 
 government inspector, shall be evidence of such license and special 
 rules respectively, and of the fact of such license having been duly 
 granted and confirmed and such special rules duly established under 
 this Act. 
 
 _ 61. A government inspector, and any other person authorized by 
 him for the purpose, may keep and convey any sample taken for the 
 purposes of this Act by or by authority of such inspector, so that the 
 amount of it do not exceed what is reasonably necessary for the pur- 
 pose of enabling such inspector to perform his duties under this Act, 
 and be kept and carried with all due precautions to prevent acci- 
 dent ; and such inspector or person shall not be liable to any penalty, 
 punishment, or forfeiture under this or any other Act for keeping or 
 conveying such sample. 
 
 62. The salaries of the government inspectors, and the expenses 
 incurred by the secretaiy of state or the government inspectors in 
 carrying this Act into execution, shall be defrayed out of moneys 
 provided by parliament. 
 
 Accidents, 
 
 63. Whenever there occurs any accident by explosion or by fire in 
 or about or in connexion with any factoiy, magazine, or store, or any 
 accident by explosion or by fire causing loss of life or personal injiuy 
 in or about or in connexion with any registered premises, the 
 
 (a) 36 & 37 Viet. c. 85, a, 2328, and 38 & 39 Viet. c. 17, s. 42.
 
 88 VICT, c. 17, ss. G3, 64. 457 
 
 occupier of such factory, magazine, store, or premises shall forth- Section 63. 
 
 with send or cause to be sent notice of such accident and of the 
 
 loss of life or personal injury (if any) occasioned thereby to the 
 
 secretary of state. A notice of any accident of which notice is sent 
 
 in pursuance of this section to a government inspector need not be 
 
 sent to any inspector or sub-inspector of factories or any inspector of 
 
 mines. 
 
 Where in, about, or in connexion with any carriage, ship, or boat, 
 either conveying an explosive, or on or from which an explosive is 
 being loaded or unloaded, there occurs any accident by explosion or 
 by fire causing loss of life or personal injury, or if the amount of 
 explosive conveyed or being so loaded or unloaded exceeds in the 
 case of gunpowder half a ton, and in the case of any other explosive 
 the prescribed amount, any accident by explosion or by fire, the owner 
 or master of such carriage, ship, or boat, and the owner of the explo- 
 sive conveyed therein or being loaded or unloaded therefrom, or one 
 of them, shall forthwith send or cause to be sent notice of such acci- 
 dent, and of the loss of life or personal injury, if any, occasioned 
 thereby, to the secretary of state. 
 
 Every such occupier, owner, or master as aforesaid who fails to 
 comply with this section shall be liable to a penalty not exceeding 
 twenty pounds. 
 
 61 Where an accident by explosion or fire has occurred in, and Eeconstruc- 
 wholly or partly destroyed a factory magazine, or any magazine or tion of 
 store, the factory magazine, magazine, or store shall not be recon- buildings 
 structed, and any further supply of an explosive shall not be put destroyed by 
 therein, except with the permission of the secretary of state ; and any accident, 
 explosive put therein in contravention of this section shall be deemed 
 to be kept in an unauthorized place, and the offence may be punished 
 accordingly : 
 
 Provided, that this enactment shall not prevent the reconstruction 
 of a factory .magazine in any lawfully existing factory upon such site 
 in the factory, and with such precautions as may seem reasonable to 
 the secretary of state, due regard being had to the working of the 
 factory as well as to the safety of the public and of the persons em- 
 ployed therein. 
 
 Where an accident by explosion or fire in a factory has wholly or 
 partly destroyed any building of such factory as to which a govern- 
 ment inspector has previously to the accident sent to the occupier a 
 notice that the building is unduly near to some building or work 
 outside the factory, such building shall be reconstructed only upon 
 such site in the factory and with such precautions as may seem rea- 
 sonable to the secretary of state, due regard being had to the working 
 of the factory as well as to the safety of the public and of the persons 
 employed therein. 
 
 Where an accident by explosion or by fire in a factory has wholly 
 or partly destroyed two or more buildings in such factory, not more 
 than one of such buildings shall be reconstructed except with the 
 permission of the secretary of state ; provided that this enactment 
 shall not apply to any buildings in a lawfully existing factory, if 
 either both or all such buildings are incorporating mills, or if as 
 regards any other buildings a government inspector has not previously 
 to the accident sent to the occupier a notice that such bxuldings are 
 unduly near to each other. 
 
 Where a building is constructed on a different site in pursuance of 
 this section, the secretary of state shall cause the necessary alterations 
 2 H 2
 
 APPENDIX. THE EXPLOSIVES ACT, 1875, 
 
 to be made in the license, and such alterations shall be deemed to be 
 part of the license. 
 
 The reconstruction of any building in contravention of this section 
 shall be deemed to be a breach of the terms of the license, and shall 
 be punished accordingly. 
 
 65. With respect to coroners inquests on the bodies of persons 
 whose death may have been caused by the explosion of any explosive 
 or by any accident in connexion with an explosive, the following pro- 
 visions shall have effect : 
 
 (1.) Where a coroner holds an inquest upon a body of any person 
 whose death may have been caused by any accident of which 
 notice is required by this Act to be given to the secretary of 
 state, or by the explosion of any explosive, the coroner shall 
 adjoxirn such inquest unless a government inspector, or some 
 person on behalf of the secretary of state, is present to watch 
 the proceedings : 
 
 (2.) The coroner, at least four days before holding the adjourned 
 inquest, shall send to the secretary of state notice in. 
 writing of the time and place of holding the adjourned 
 inquest : 
 
 (3.) The coroner, before the adjournment, may take evidence to 
 identify the body, and may order the interment thereof : 
 
 (4.) If an explosion or accident has not occasioned the death of 
 more than one person, and the coroner has sent to the 
 secretary of state notice of the time and place of holding 
 
 the inquest not less than forty-eight hours before the 
 
 npe 
 him to adjourn such inquest in pursuance of this section 
 
 time 
 
 ii(|i 
 of 
 
 holding the same, it shall not be imperative on 
 
 to 
 
 if the majority of the jury think it unnecessary 
 adjourn : 
 
 (5.) A government inspector or person employed on behalf of the 
 secretary of state shall be at liberty at any such inquest to 
 examine any witness, subject nevertheless to the order of 
 the coroner on points of law : 
 
 (6.) Where evidence is given at an inquest at which no govern- 
 ment inspector or person employed on behalf of the secre- 
 tary of state is present, of any neglect as having caused 
 or contributed to the explosion or accident, or of any defect 
 in or about or in connexion with any factory, magazine, 
 store, or registered premises, or any carriage, ship, or 
 boat carrying an explosive, appearing to the coroner or 
 jiiry to require a remedy, the coroner shall send to the 
 secretary of state notice in writing of such neglect or 
 defect. 
 
 66. The secretary of state may direct an inquiry to be made by a 
 government inspector into the cause of any accident which is caused 
 by an explosion or fire either in connexion with any explosive, or of 
 which notice is required by this Act to be given to the secretary 
 of state, and where it appears to the secretary of state, either before 
 or after the commencement of any such inquiry, that a more formal 
 investigation of the accident, and of the causes thereof, and of the 
 circumstances attending the same, is expedient, the secretary of 
 state may by order direct such investigation to be held, and with 
 respect to such inquiry and investigation the following provisions 
 .shall have effect :
 
 38 VICT. c. 17, s. 66. 469 
 
 (1.) The secretary of state may, by the same or any subsequent Section 66. 
 order, appoint any person or persons possessing legal or 
 special knowledge to assist the government inspector in 
 holding the formal investigation, or may direct the county 
 court judge, stipendiary magistrate, metropolitan police 
 magistrate, or other person or persons named in the same or 
 any subsequent order, to hold the same with the assistance 
 of a government inspector or any other assessor or assessors 
 named in the order : 
 
 (2.) The persons holding any such formal investigation (in this 
 section referred to as the court) shall hold the same in open 
 court in such manner and under such conditions as they 
 may think most effectual for ascertaining the causes and 
 circumstances of the accident, and enabling them to make 
 the report in this section mentioned : 
 
 (3.) The court shall have for the purpose of such investiga- 
 tion all the powers of a court of summary jurisdiction 
 when acting as a court in hearing informations for offences 
 against this Act, and all the powers of a government in- 
 spector under this Act, and in addition the following powers ; 
 namely, 
 
 (.) They may enter and inspect any place or building 
 the entry or inspection whereof appears to them 
 requisite for the said purpose : 
 
 (6.) They may by summons under their hands require 
 the attendance of all such persons as they think 
 fit to call before them and examine for the said 
 purpose, and may for such purpose require an- 
 swers or returns to such inquiries as they think 
 fit to make : 
 
 (c.) They may require the production of all books, papers, 
 and documents which they consider important for 
 the said purpose : 
 
 (rf.) They may administer an oath, and require any person 
 examined to make and sign a declaration of the 
 truth of the statements made by him in his 
 examination : 
 
 (e.) Persons attending as witnesses before the court shall 
 be allowed such expenses as would be allowed to 
 witnesses attending before a court of record ; and 
 in case of dispute as to the amount to be allowed, 
 the same shall be referred by the court to a master 
 of one of the superior courts, who, on request 
 under the hands of the members of the court, shall 
 ascertain and certify the proper amount of such 
 expenses : 
 
 (4.) The government inspector making an inquiry into any accident 
 and the court holding an investigation of any accident under 
 this section shall make a report to the secretary of state, 
 stating the causes of the accident and all the circumstances 
 attending the same, and any observations thereon or on the 
 evidence or on any matters arising out of the inquiry or 
 investigation which he or they think right to make to 
 the secretary of state, and the secretary of state shall cause 
 every such report to be made public in such manner as he 
 thinks expedient : 
 
 (5.) All expenses incurred in and about an inquiry or investigation 
 under this section shaU be deemed to be part of the expenses
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 of the secretary of state in carrying this Act into execu- 
 tion : and 
 
 (6.) Any person who without reasonable excuse (proof whereof 
 shall lie on him) either fails, after having had the expenses 
 (if any) to which he is entitled tendered to him, to comply 
 with any summons or requisition of a court holding an 
 investigation under this Act, or prevents or impedes such 
 court in the execution of their duty, shall for every such 
 offence incur a penalty not exceeding ten pounds, and in 
 the case of a failure to comply with a requisition for making 
 any return or producing any document, not exceeding ten 
 pounds during every day that such failure continues. 
 
 Local Supervision. 
 Definition and Powers of Local Authority. 
 
 67- The local authority, for the purposes of this Act, shall be 
 
 (1.) In the city of London, except as hereafter in this section 
 mentioned, the court of the lord mayor and aldermen of the 
 said city ; and 
 
 (2.) In the metropolis, (that is, in places for the time being 
 within the jurisdiction of the metropolitan board of works 
 under the Metropolis Management Act, 1855,) except the 
 city of London, and except as hereafter in this section men- 
 tioned, the metropolitan board of works ; and 
 
 (3.) In any borough in England which is not assessed to the 
 county rate of any countv by the justices of such county, 
 except as hereafter in this section mentioned, the mayor, 
 aldermen, and burgesses acting by the council ; and 
 
 (4.) In any harbour within the jurisdiction of a harbour authority, 
 whether situate or not within the jurisdiction of any 
 local authority before in this section mentioned, the har- 
 bour authority, to the exclusion of any other local authority ; 
 and 
 
 (5.) In any place in which there is no local authority as before 
 in this section denned, the justices in petty sessions 
 
 68. The council of any borough which is assessed to the county 
 rate of any county by the justices of such county and the commis- 
 sioners of any improvement district may by order of a secretary of 
 state made upon the application of such council or commissioners, 
 and published in the London Gazette, be declared to be a local 
 authority for the purposes of this Act, and thereupon shall become a 
 local authority accordingly for such part of their borough or district 
 as is not included in any harbour, to the exclusion of the justices in 
 petty sessions. 
 
 69. It shall be the duty of every local atithority to carry into 
 effect within their jurisdiction the powers vested in them under this 
 Act. 
 
 Any officer authorized by the local authority may, on producing, 
 if demanded, either a copy of his authority purporting to be certified 
 by the clerk or some member of the local authority, or some other 
 sufficient evidence of his authority, require- the occupier of any store 
 (not being subject to the inspection under this Act of any inspector
 
 38 VICT. c. 17, ss. 6972. 471 
 
 of mines) or any registered premises, or any small firework factor}', Section 69. 
 to show him every or any place and all or any of the receptacles in 
 
 which any explosive or ingredient of an explosive, or any substance 
 the keeping of which is restricted or regulated by this Act, that is in 
 his possession is kept, and to give him samples of such explosive, 
 ingredient, or substance, or of any substance which the officer believes 
 to be an explosive or such ingredient or substance. 
 
 Any occupier of a store or registered premises or a small fire- 
 work factory who refuses to comply with any such reqxiisition of an 
 officer of the local authority, or to give him such assistance as he 
 may require for the purpose of this section, or who wilfully 
 obstructs the local authority, or any officer of the local authority, 
 in the execution of this Act, shall be liable to a penalty not exceeding 
 twenty pounds. 
 
 70. All expenses incurred by any local authority in carrying into Expenses of 
 effect the execution of this Act, including the salary and expenses of local autho- 
 any officer directed by them to act under this Act, shall be paid out rity. 
 
 of the local rate. The local rate shall for the purposes of this Act 
 mean as follows ; that is to say, 
 
 In the city of London the consolidated rate ; 
 In the metropolis (exclusive of the city of London) the consolidated 
 rate as levied in the metropolis exclusive of the city of London, 
 and without any demand on such city ; 
 In a borough the borough fund or borough rate ; 
 In a harbour any moneys, fund, or rate applicable or leviable by 
 
 the harbour authority for any harbour purposes ; 
 In any place where the justices in petty sessions are the local 
 
 authority the county rate ; and 
 
 In an improvement district any fund, moneys, or rate applicable or 
 leviable by the improvement commissioners for any purposes of 
 improvement within their district ; 
 
 And the local rate or any increase of the local rate may notwith- 
 standing any limitation in any Act be levied for the purposes of this 
 Act. 
 
 Poii'cr of Local Authority to provide Carriages and Magazines. 
 
 71. Every harbour authority () and canal company shall, in Undertaking 
 addition to any other powers they may have for the like purpose, of carriage by 
 have power to provide carriages, ships, and boats for the conveyance, harbour 
 loading, or unloading of an explosive within the jurisdiction of authority and 
 such authority or company, and may charge a reasonable sum canal com- 
 fixed by a bye-law under this Act for the use of such carriage, .ship, P anv - 
 
 or boat. 
 
 72. Where any local authority other than justices in petty sessions Provision of 
 satisfy the secretary of state that the erection of a magazine by such magazines by 
 authority, either within or without their jurisdiction, for the keeping local autho- 
 of any explosive, would conduce to the safety of the public within rity. 
 
 their jurisdiction, and would not be injurious to any harbour or 
 Urban sanitary district out of their jurisdiction, the secretary of state 
 may grant a license under this Act for such magazine. 
 
 Where the magazine is without the jurisdiction of the local autho- 
 rity erecting the same, the assent of the local authority within whose 
 
 (a) Sec definition of " harbour authority, " section 108.
 
 472 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 72. jurisdiction the site is situate to such site shall be applied for in 
 ~~ manner provided by this Act, and when the magazine is within the 
 
 said jurisdiction notice of the application to the secretary of state for 
 the license shall be given in like manner as notice of the intention 
 to apply for the assent of the local authority to a site is required by 
 this Act to be given. 
 
 The local authority may, for the purpose of cany such license, 
 acquire any land or right over land, or appropriate any land or 
 right belonging to them, and acquire or build a magazine, and may 
 maintain and manage such magazine, and may charge for the use 
 by persons of any such magazine such reasonable sums as they 
 may from time to time, with the approval of the secretary of state, 
 fix. 
 
 Such sums shall be applied in aid of the local rate, and the ex- 
 penses incurred for the purposes of this section may be defrayed out 
 of the local rate, and the local authority may borrow on the security 
 of the local rate the amount required for the purpose of acquiring 
 any land or right over land, or acquiring or building a magazine in 
 pursuance of this section. 
 
 Any such loan shall be made with the approval, in the case of a 
 council, of the treasury, and in the case of improvement commis- 
 sioners, of the local government board, and in the case of a harbour 
 authority, of the board of trade. 
 
 For the purpose of such borrowing the clauses of the Commis- 
 sioners Clauses Act, 1847, with respect to the mortgages to be 
 executed by the commissioners, shall be incorporated with this 
 Act, and in the construction of those clauses for the purpose of this 
 Act, this Act shall be deemed to be the special Act, and the local 
 authority which is borrowing shall be deemed to be the commis- 
 sioners. 
 
 For the purpose of the purchase of any land or right over land for 
 the purpose of this section the Lands Clauses Consolidation Act, 1845, 
 and the Acts amending the same (except so much as relates to the 
 purchase of land otherwise than by agreement), shall be incorporated 
 with this section, and in construing those Acts for the purposes of 
 this section the special Act shall be construed to mean this Act, and 
 the promoters of the undertaking shall be construed to mean the 
 local authority, and land shall be construed to include any right over 
 land. 
 
 Where any offence under this Act is committed in or about any 
 magazine erected in pursuance of this section, such offence may be 
 prosecuted and tried and the penalty and forfeiture therefore re- 
 covered either in the county or place in which the magazine is 
 situate, or in any adjoining county or place. 
 
 Search fo 
 explosive 
 when in place 
 in contraven- 
 tion of this 
 Act, or offence 
 being com- 
 mitted with 
 respect to it. 
 
 General Power of Search, 
 
 73. Where any of the following officers^ namely, any government 
 inspector, or any constable or any officer of the local authority, if 
 siich constable or officer is specially authorized either () by a warrant 
 of a justice (which warrant such justice may grant upon reasonable 
 ground being assigned on oath), or (b) (where it appears to a super- 
 intendent or other officer of police of equal or superior rank, or to a 
 government inspector, that the case is one of emergency and that 
 the delay in obtaining a warrant would be likely to endanger life), by 
 a written order from such superintendent, officer, or inspector, has 
 reasonable cause to believe that any offence has been or is being com-
 
 38 VICT. c. 17, ss, 73, 74. 473 
 
 mitted with respect to an explosive in any place (whether a building Section 73. 
 or not, or a carriage, .boat, or ship) or that any explosive is in any 
 such place in contravention of this Act, or that the provisions of this 
 Act are not duly observed in any such place, such officer may, on 
 producing, if demanded, in the case of a government inspector a 
 copy of his appointment, and in the case of any other officer his 
 authority, enter at any time, and if needs be by force, and as well 
 on Sunday as on other days, the said place, and every part thereof, 
 and examine the same, and search for explosives therein, and take 
 samples of any explosive and ingredient of an explosive therein, and 
 any substance reasonably supposed to be an explosive, or such in- 
 gredient Avhich may be found therein. 
 
 Any person who, by himself or by others, fails to admit into any 
 place occupied by or under the control of such person any officer 
 demanding to enter in pursuance of this section, or in any way ob- 
 structs such officer in the execution of his duty under this section, 
 shall be liable to a penalty not exceeding fifty pounds, and shall also 
 be liable to forfeit all explosives, and ingredients thereof, which are 
 at the time of the offence in his possession or under his control at the 
 said place. 
 
 Where a constable or officer of the local authority specially autho- 
 rized by written authority other than a wan-ant of a justice of the 
 peace, enters and searches as above provided, a special report in 
 writing of every act done by such constable or officer in pursuance 
 of that authority, and of the grounds on which it is done, shall be 
 forthwith sent by the person by whom or under whose authority it 
 was done to the secretary of state. 
 
 74. Where any of the following officers, namely, any government Seizure and 
 inspector, or any constable, or any officer of the local authority, has detention of 
 reasonable cause to believe that any explosive or ingredient of an explosives 
 explosive or substance found by him is liable to be forfeited under liable * f r- 
 this Act, he may seize and detain the same until some court of sum- feiture ( a )- 
 mary jurisdiction has determined whether the same is or is not so 
 liable to be forfeited, and with respect [thereto the following provi- 
 sions shall have effect : 
 
 (1.) The officer seizing may either require the occupier of the place 
 in which it was seized (whether a building or not, or a 
 carriage, boat, or ship) to detain the same in such place or 
 in any place under the control of such occupier, or may re- 
 move it in such manner and to such place as will in his 
 opinion least endanger the public safety, and there detain 
 it, and may, where the matter appears to him to be urgent 
 and fraught with serious public danger, and he is a govern- 
 ment inspector, or is authorized by an order from a govern- 
 ment inspector or a justice of the peace, or from a superin- 
 tendent or other officer of police of equal or superior rank, 
 
 (a) The Metropolitan Police Act, 2 & 3 Viet. c. 47, s. 35, authorizes a super- 
 intendent or inspector of the metropolitan police at hours specified, to enter 
 any ship and (except Her Majesty's ships) to search for and seize unlawful 
 quantities of gunpowder. 
 
 The 17th section of the repealed Act 23 & 24 Viet. c. 139, empowered 
 the secretary of state to authorize persons to inspect mills in which gun- 
 powder, &c., was manufactured or kept. And section 27 required the con- 
 servators of the river Thames to appoint persons to search for gunpowder in 
 vessels (except Her Majesty's ships) in the river Thames above Blackwall.
 
 474 
 Section 74. 
 
 Inspection of 
 wharf, car- 
 riage, boat, 
 &c., with ex- 
 plosives in 
 transitu. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 cause the same to be destroyed or otherwise rendered harm- 
 less ; but before destroying or rendering harmless the same 
 he shall take and keep a sample thereof, and shall, if re- 
 quired, give a portion of the sample to the person owning 
 the explosive, or having the same under his control at the 
 time of the seizure ; and any such occupier who, by himself 
 or by others, fails to keep the same when he is required in 
 pursuance of this section to- detain it, and any sucli occu- 
 pier or other person who, except with the authority of the 
 officer seizing the same, or of a government inspector, or in 
 case of emergency for the purpose of preventing explosion 
 or fire, removes, alters, or in any way tampers or deals with 
 the same while so detained, shall be liable to a penalty not 
 exceeding fifty pounds, and shall also be liable to forfeit 
 all explosives, and ingredients thereof, which are at the 
 time of the oft'ence in his possession or under his control at 
 the said place : 
 
 (2.) The proceedings before a court of summary jurisdiction for 
 determining whether the same is or is not liable to for- 
 feiture shall be commenced as soon as practicable after the 
 seizure ; and 
 
 (3.) The receptacles containing the same may be seized, detained, 
 and removed in like manner as the contents thereof ; and 
 
 (4.) The officer seizing the same may use for the purposes of the 
 removal and detention thereof any ship, boat, or carriage in 
 which the same was seized, and any tug, tender, engine, 
 tackle, beasts, and accoutrements belonging to or drawing 
 or provided for drawing such sliip, boat, or carriage, and 
 shall pay to the owner a reasonable compensation for such 
 use, to be determined, in case of dispute, by a court of sum- 
 mary jurisdiction, and to be recovered in like manner as 
 penalties under this Act ; and 
 
 (5.) The same shall, so far as practicable, be kept and conveyed 
 in accordance with this Act, and with all due precaution 
 to prevent accident, but the person seizing, removing, de- 
 taining, keeping, or conveying the same shall not be liable 
 to any penalty, punishment, or forfeiture under this or any 
 other Act, or to any damages, for keeping or conveying the 
 same, ao that he use all such 'due precautions as aforesaid ; 
 and 
 
 (6.) The officer seizing the same, or dealing with the same in pur- 
 suance of this section, shall not be liable to damages or 
 otherwise in respect of such seizure or dealing, or any act 
 incidental to or consequential thereon, unless it is proved 
 that he made such seizure without reasonable cause, or that 
 he caused damage to the article seized by some wilful neg- 
 lect or default. 
 
 75. Any of the following officers, namely, any government inspec- 
 tor under this Act, any chief officer of "police, and any superior 
 officer appointed for the purposes of this Act where the justices in 
 petty sessions are the local authority, by the court of quarter sessions 
 to which such justices belong, and in the case of any other local 
 authority by the local authority itself may, for the purpose of 
 ascertaining whether the provisions of this Act with respect to the 
 conveyance, loading, unloading, and importation of an explosive 
 are complied with, enter, inspect, and examine at any time, and as 
 well on Sundays as on other days, the wharf, carriage, ship, or boat 
 of any carrier or other person who conveys goods for hire, or of
 
 38 VICT. c. 17, ss. 7577. 
 
 the occupier of any factory, magazine, or store, or of the importer Section 75. 
 of any explosive, on or in which wharf, carriage, ship, or boat, 
 he has reasonable cause to suppose an explosive to be for the purpose 
 of or in course of conveyance, but so as not to unnecessarily obstruct 
 the work or business of any such carrier, person, occupier, or im- 
 porter. 
 
 Any such officer, if he find any offence being committed under 
 this Act in any such wharf, carriage, ship, or boat, or on any public 
 wharf, may seize and detain or remove the said carriage, ship, or 
 boat, or the explosive, in such manner and with such precautions 
 as appear to him to be necessary to remove any danger to the public, 
 and may seize and detain the said explosive, as if it were liable to 
 forfeiture. 
 
 Any officer above mentioned in this section, and any officer of 
 police, or officer of the local authority who has reasonable cause to 
 suppose that any offence against this Act is being committed in 
 respect of any carriage (not being on a railway) or any boat con- 
 veying, loading, or unloading any explosive, and that the case is one 
 of emergency, and that the delay in obtaining a warrant will be 
 likely to endanger life, may stop, and enter, inspect, and examine, 
 such carriage or boat, and by detention or removal thereof or other- 
 wise take such precautions as may be reasonably necessary for re- 
 moving such danger, in like manner as if such explosive were liable 
 to forfeiture. 
 
 Every officer shall for the purpose of this section have the same 
 powers and be in the same position as if he were authorized by a 
 search warrant granted under this Act, and any person failing to 
 admit or obstructing such officer shall be liable to the same penalty. 
 
 76. When[a government inspector, constable, or officer of the local Payment for 
 authority in 'pursuance of this Act takes samples of any explosive, samples of 
 or ingredient, or substance, he shall pay for or tender payment for explosives, 
 the same to such amount as he considers to be the market value 
 thereof, and the occupier of the place in which, or the owner of the 
 bulk from which, the sample was taken, may recover any excess of 
 the real value over the amount so paid or tendered, and any amount 
 so tendered, -from the inspector, constable, or officer taking the 
 .sample as a debt in the county court of the district within which 
 the sample was taken. 
 
 PART IV. 
 
 SUPPLEMENTAL PROVISIONS, LEGAL PROCEEDINGS, EXEMPTIONS, 
 AND DEFINITIONS. 
 
 Supplemental Provisions. 
 
 77. Any person who enters Without permission or otherwise tres- Penalty cm 
 passes upon any factory, magazine, or store, or the land immediately aud removal 
 adjoining thereto which is occupied by the occupier of such factory, of trespassers, 
 magazine, or store, or on any wharf for which bye-laws are made by 
 the occupier thereof under this Act, shall for every such offence, if 
 not otherwise punishable, be liable to a penalty not exceeding five 
 pounds, and may be forthwith removed from such factory, magazine,
 
 476 
 
 Section 77. 
 
 Arrest with- 
 out warrant 
 of persons 
 committing 
 dangerous 
 offences. 
 
 Imprison- 
 ment for 
 wilful act 
 or neglect 
 endanger- 
 ing life or 
 limb. 
 
 Penalty for 
 throwing 
 fireworks in 
 thorough- 
 fare. 
 
 Forgery and 
 falsification 
 of docu- 
 ments. 
 
 Punishment 
 for defacing 
 notices. 
 
 Provisions 
 &s to orders 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 store, land, or wharf, by any constable, or by the occupier of such 
 factory, magazine, store, or wharf, or any agent or servant of or 
 other person authorized by such occupier. 
 
 Any person other than the occupier of or person employed in or 
 about any factory, magazine, or store who is found committing any ' 
 act which tends to cause explosion or fire in or about such factory, 
 magazine, or store, shall be liable to a penalty not exceeding fifty 
 pounds. 
 
 The occupier of any such factory, magazine, store, or wharf shall 
 post up in some conspicuous place or places a notice or notices warn- 
 ing all persons of their liability to penalties under this section ; but 
 the absence of any such notice or notices shall not exempt a person 
 from a penalty under this section. 
 
 78. Any person who is found committing any act for which he is 
 liable to a penalty under this Act, and which tends to cause explosion 
 or fire in or about any factory, magazine, store, railway, canal, har- 
 bour, or Avharf, or any carriage, ship, or boat, may be apprehended 
 without a warrant by a constable, or an officer of the local authority, 
 or by the occupier* of or the agent or servant of or other person 
 authorized by the occupier of such factory, magazine, store, or wharf, 
 or by any agent or servant of or other person authorized by the rail- 
 way or canal company or harbour authority, and be removed from 
 the place at which he is arrested, and conveyed as soon as con- 
 veniently may be before a court of summary jurisdiction. 
 
 79. Where any person is guilty of any offence which under this 
 Act is punishable by a pecuniary penalty only, and which, in the 
 opinion of the court that tries the case, was reasonably calculated to 
 endanger the safety of or to cause serious personal injury to any of 
 the public or the persons employed in or about any factory, magazine, 
 store, or registered premises, or any harbour, railway, canal, wharf, 
 ship, boat, carriage, or place where such offence is committed, or to 
 cause a dangerous accident, and was committed wilfully by the per- 
 sonal act, personal default, or personal negligence of the person 
 accused, such person shall be liable, if the court is of opinion that a 
 pecuniary penalty will not meet the circumstances of the case, to 
 imprisonment, with or without hard labour, for a period not exceed- 
 ing six months. 
 
 80. If any person throw, cast, or fire any fireworks in or into any 
 highway, street, thoroughfare, or public place, he shall be liable to a 
 penalty not exceeding five pounds. 
 
 81. Every person who forges or counterfeits any license, certificate, 
 document, or plan granted or required in pursuance or for the pur- 
 poses of this Act, or gives or signs any such document or plan which 
 is to his knowledge false in any material particular, or wilfully makes 
 use of any such forged, counterfeit, or false license, certificate, docu- 
 ment, or plan, shall be liable to imprisonment, with or without hard 
 labour, for a term not exceeding two years. 
 
 82. Every person who, without due authority, pulls down, injures, 
 or defaces any notice, copy of rules, or document, when affixed in 
 pursuance of this Act, or of the special rules, shall be liable to a 
 penalty not exceeding two pounds. 
 
 83. Her Majesty may from time to time make orders in council for
 
 38 Vioi. c. 17, ss. 8886. 477 
 
 doing anything which is in this Act expressed to be authorized, Section 83. 
 directed, regulated, prescribed, or done by order in council. . 
 
 Every order in council or order of the secretary of state which pur- m ? oul i c , 
 ports to be made in pursuance of this Act shall be presumed to have a orders or 
 been duly made and to be within the powers of this Act, and no s | 
 objection to the legality thereof shall be entertained in any legal 
 proceeding whatever. 
 
 Every order in council made in pursuance of this Act shall take 
 effect as if it were enacted in this Act, and shall be published in the 
 London Gazette, and shall be laid before both houses of parliament 
 within one month after it is made, if parliament be then sitting, or if 
 not, within one month after the commencement of the then next 
 session of parliament. 
 
 Her Majesty may by order in council, and a secretary of state may 
 by order, from time to time revoke, add to, or alter any previous 
 orders in council or orders of the secretary of state, as the case may 
 be, under this Act. 
 
 84. All bye-laws, notices, and documents directed by this Act to Publication 
 be published or advertised shall, save as otherwise provided by this of byelaws,! 
 Act, be published in the place which such notices and documents notices, 
 affect, by advertisement in some newspapers circulating generally &c. 
 
 in such place, or by placards or handbills, or in such manner as 
 the secretary of state may from time to time direct as being in 
 his opinion sufficient for giving information thereof to all persons 
 interested. 
 
 85. All orders, permissions, notices, and documents issued or given Requisitions, 
 by the secretary of state for the purposes of this Act, and all notices notices, &c., 
 under this Act, shall be in writing or print, or partly in writing and to be iii 
 partly in print, and all notices and documents required by this Act to writing, 
 
 be served, given, or sent by, on, or to a government inspector or & c - an( l 
 secretary of state may be sent by post, by a prepaid letter, and if sent llow t " 
 by post shall be deemed to have been served, given, and received 8erved - 
 respectively at the time when the letter containing the same would 
 be delivered in the ordinary course of post ; and in proving such 
 service, giving, or sending, it shall be sufficient to prove that the 
 letter containing the notice was properly addressed and prepaid and 
 put into. the post. 
 
 "All notices and documents directed by or required for the purposes 
 of this Act to be given or sent to the secretary of state shall, if sent 
 to a government inspector under this Act, be deemed to have been 
 sent to the secretary of state. 
 
 All notices and documents directed by or required for the purposes 
 of this Act to be given or sent to a local authority may be sent, 
 by post or otherwise, to the clerk or office of the local authority, 
 or delivered to some person employed by them for the purposes of 
 this Act. 
 
 86. Where any enactment refers to any power of searching for Construction 
 gunpowder, or to any provisions of an Act of the twelfth year of King of enact- 
 George the Third, chapter sixty-one, or of any Act repealed by this m en . ts ' 
 Act relative to the search for gunpowder, such enactment shall be terrm g g 
 deemed to refer to the provisions of this Act with respect to the P owe p J 
 search for and seizure, detention, and removal of an explosive by a ^^1111- 
 government inspector, powder"
 
 478 
 
 APPENDIX, THE EXPLOSIVES ACT, 1875, 
 
 Section 87. 
 
 Exemption 
 of occupier 
 from penalty 
 upon proof " 
 of another 
 being real 
 offender. 
 
 Legal Proceedings, 
 
 87, Where any offence under this Act for which the occupier of 
 any factory, magazine, store, or registered premises is liable to a 
 penalty or forfeiture has in fact been committed by some other 
 person, such other person shall be liable to a penalty not exceeding 
 twenty pounds. 
 
 Where such occupier is charged with an offence so committed by 
 some other person, the occupier shall be exempt from any penalty 
 and forfeiture upon proving that he had supplied proper means and 
 issued proper orders for the observance and used due diligence to 
 enforce the observance of this Act, and that the offence in question 
 was actually committed by some other person without his connivance, 
 and if the actual offender be alive, that he has taken all practicable 
 means in his power to prosecute such offender to conviction. 
 
 Where a government inspector, or an officer of the local authority, 
 or the local authority, is satisfied, before instituting a proceeding for 
 any offence under this Act against an occupier, that such occupier, if 
 such proceeding were instituted against him, woiild under the fore- 
 going provisions of this section, upon taking all practicable means in 
 his power to prosecute the actual offender to conviction, be exempt 
 from any penalty and forfeiture, and the occupier gives all facilities 
 in his power for "proceeding against and convicting the person whom 
 the inspector, officer, or local authority believes actually to have com- 
 mitted the offence, the inspector, officer, or local authority shall pro- 
 ceed against that person in the first instance, without first proceeding 
 against the occupier. 
 
 The occupier or other defendant, when charged in respect of any 
 offence by another person, may, if he think fit, be sworn and examined 
 as an ordinary witness in the case. 
 
 Where any offence under this Act for which any warehouseman, 
 carrier, occupier of a wharf or dock, or owner or master of any ship, 
 boat, or carriage, is liable to a penalty or forfeiture, has in fact been 
 committed by some other person, this section shall apply in like 
 manner as if the warehouseman, carrier, occupier of a wharf or dock, 
 owner, or master were such an occupier as above in this section 
 mentioned. 
 
 Exemption 
 of carrier 
 and owner 
 and master 
 of ship 
 where con- 
 signee, &c., 
 ill fault. 
 
 88. Where a earner or owner or master of a ship or boat is pre- 
 vented from complying with this Act by the wilful act, neglect, or 
 default of the consignor or consignee of the explosive, or other person, 
 or by the improper refusal of the consignee or other person to accept 
 delivery of the explosive, such consignor, consignee, or other person 
 who is guilty ot such wilful act, neglect, default, or refusal shall be 
 liable to the same penalty to which the carrier, owner, or master 
 is liable for a breach of this Act, and his conviction shall exempt 
 the carrier, owner, or master from any penalty or forfeiture under 
 this Act. 
 
 Supplemental 89. Where a court before whom a person is convicted of an offence 
 
 provisions against this Act has power to forfeit any explosive owned by or 
 
 as to for- found in the possession or under the control of such person, the 
 
 feiture of court may, if it think it just and expedient, in lieu of forfeiting 
 
 explosive, gucn explosive, impose upon such person, in addition to any other
 
 88 VICT, c. 17, ss. 8992. 
 
 479 
 
 penalty or punishment, a penalty not exceeding such sum as appears Section 89. 
 
 to the court to be the value of the explosive so liable to be 
 
 forfeited. 
 
 Where any explosive, or ingredient of an explosive, is alleged to be 
 liable iinder this Act to be forfeited, any indictment, information, or 
 complaint may be laid against the owner of such explosive or ingre- . 
 dient, for the purpose only of enforcing such forfeiture, and where 
 the owner is unknown, or cannot be found, a court may cause a notice 
 to be advertised, stating that unless cause is shown to the contrary at 
 the time and place named in the notice, such explosive will be for- 
 feited, and at such time and place the court, after hearing the owner 
 or any person on his behalf (who may be present), may order all or 
 any part of such explosive or ingredient to be forfeited. 
 
 90. For all the purposes of this Act Jurisdiction 
 
 (1.) Any harbour, tidal water, or inland water which runs between * n *^ a ^ 
 
 or abuts on or forms the boundary of the jurisdiction of two wa * ers or on 
 or more courts shall be deemed to be wholly within the bountla es. 
 jurisdiction of each of such courts : and 
 
 (2.) Any tidal water not included in the foregoing descriptions, 
 and within the territorial jurisdiction of Her Majesty, and 
 adjacent to or surrounding any part of the shore of the 
 United Kingdom, and any pier, jetty, mole, or work extend- 
 ing into the same, shall be deemed to form part of the shore 
 to which such water or part of the sea is adjacent, or which 
 it surrounds. 
 
 91. Every offence under this Act may be prosecuted and every Prosecution 
 penalty under this Act may be recovered, and all explosives and in- of offences 
 gredients liable to be forfeited under this Act may be forfeited either either sum- 
 on indictment or before a court of summary jurisdiction, in manner niarily or 
 directed by the Summary Jurisdiction Acts. on indict- 
 
 Pro vided that the penalty imposed by a court of summary juris- men t- 
 diction shall not exceed one hundred pounds exclusive of costs, and 
 exclusive of any forfeiture or penalty in lieu of forfeiture, and the 
 term of imprisonment imposed by any such court shall not exceed one 
 month. 
 
 All costs and money directed to be recovered as penalties may be 
 recovered before a court of summary jurisdiction in manner directed 
 by the Summary Jurisdiction Acts. 
 
 A court of summary jurisdiction may by order prohibit a person 
 from doing any act for doing which such person has twice been 
 convicted under this Act, and may order any person disobeying such 
 summary order to be imprisoned for any period not exceeding six 
 months. 
 
 92. Where a person is accused before a court of summary jurisdic- 
 tion of any offence under this Act, the penalty for which offence as 
 assigned by this Act, exclusive of forfeiture, exceeds one hundred 
 pounds, the accused may, on appearing before the court of summary 
 jurisdiction, declare that he objects to being tried for such offence by 
 a court of summary jurisdiction, and thereupon the court of sum- 
 mary jurisdiction may deal with the case in all respects as if the 
 accused were charged with an indictable offence and not an offence 
 punishable on summary conviction, and the offence may be prosecuted 
 on indictment accordingly. 
 
 Power of 
 offender in 
 certain 
 cases to 
 elect to be 
 tried on 
 indictment, 
 and not by 
 summary 
 jurisdiction,
 
 480 
 Section 93- 
 
 Appeal to 
 
 quarter 
 
 sessions. 
 
 24 & 25 Viet. 
 c. 96. 
 
 Constitution 
 of court, 
 
 Distress of j 
 ship. 
 
 Application 
 of penalties 
 and disposal 
 of forfeitures. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 93. If any party feels aggrieved by any summary order made by a 
 court of summary jurisdiction under this Act, or by any order or 
 conviction made by a court of summary jurisdiction in determining 
 any complaint or information under this Act, by which, order or 
 conviction the sum adjudged to be paid, including costs, and includ- 
 ing the value of any forfeiture, exceeds twenty pounds, the party so 
 aggrieved may appeal therefrom to quarter sessions, in manner pro- 
 vided with respect to an appeal to quarter sessions by section one 
 hundred and ten of the Act of the session of the twenty-fourth and 
 twenty-fifth years of the reign of Her present Majesty, chapter 
 ninety-six. 
 
 94. The court of summary jurisdiction, when hearing and deter- 
 mining an information or complaint, in respect of any offence under 
 this Act, shall be constituted either of two or more justices of the 
 peace in petty sessions sitting at a place appointed for holding petty 
 sessions, or of some magistrate or officer sitting alone or with others 
 at some court or other place appointed for the administration of 
 justice, and for the time being empowered by law to do alone any act 
 authorised to be done by more than one justice of the peace. 
 
 95. Where the owner or master of a ship or boat is adjudged to pay 
 a penalty for an offence committed with or in relation to such ship or 
 boat, the court may, in addition to any other power they may have 
 for the purpose of compelling payment of such penalty, direct the 
 same to be levied by distress or arrestment and sale of the said ship 
 or boat and her tackle. 
 
 96. All penalties imposed in pursiiance of this A ct by a court of 
 summary jurisdiction upon the prosecution of a government inspector 
 shall, notwithstanding anything in any other Act, be paid into the 
 receipt of Her Majesty's exchequer, in such manner as the treasury 
 may from time to time direct, and be carried to the consolidated 
 fluid. 
 
 Any explosive or ingredient forfeited in pursuance of this Act may 
 be sold, destroyed, or otherwise disposed of in such manner as the 
 court declaring the forfeiture, or the secretary of state, may direct, 
 and the proceeds of any siich sale or disposal shall be paid, applied, 
 and accounted for in like manner as penalties under this Act. 
 
 The receptacle containing any such explosive or ingredient may be 
 forfeited, sold, destroyed, or otherwise disposed of, in like manner as 
 the contents thereof. 
 
 _ The provisions of Part Three of this Act with respect to an explo- 
 sive, or ingredient of an explosive, seized in pursuance of this Act, 
 and to the officer seizing, removing, detaining, keeping, or conveying, 
 or otherwise dealing with the same, shall apply to any explosive and 
 ingredient declared by any court to be forfeited, and to the officer 
 removing, detaining, keeping, conveying, selling, destroying, or 
 otherwise disposing of the same. 
 
 The court declaring the forfeiture, or the secretary of state direct- 
 ing the sale or other disposal of any forfeited explosive or ingredient, 
 and the receptacles thereof, may require the owner of such explosive 
 or ingredient to permit the use of any ship, boat, or carriage contain- 
 ing such explosive or ingredient for the purpose of such sale or 
 disposal, upon payment of a reasonable compensation for the same, 
 to be determined in case of dispute by_ a court of summary jurisdic- 
 tion ; and where the explosive or ingredient is directed to be 
 destroyed, the owner and the person having possession of such explo-
 
 88 VICT. o. 17, ss. 96, 97. 481 
 
 sive or ingredient, and the owner and master of the ship, boat, or car- Section 96. 
 riage containing the same, or some one of them, shall destroy the 
 same accordingly, and if the court or secretary of state so order, the 
 ship, boat, or carriage may be detained until the same is so destroyed ; 
 and if the secretary of state is satisfied that default has been made 
 in complying with any such direction by him or by a court, and 
 that the detention of the ship, boat, or carriage will not secure the 
 safety of the public, and that it is impracticable, having regard to 
 the safety of the public or of the persons employed in such destruc- 
 tion, to effect the same without using such ship, boat, or carriage, or 
 otherwise dealing with such ship, boat, or carriage, in like manner 
 as if it were a receptacle for an explosive forfeited under this Act, 
 the secretary of state may direct such ship, boat, and carriage, or 
 any of them, to be, and the same may accordingly be, so used or 
 dealt with, 
 
 Exemptions and Savings, 
 
 97. This Act shall not apply Exemption 
 
 (1.) To any factory, magazine, store, premises, wharf, place, or ofgovern- 
 explosive under the control of a secretary of state, the com- ment fac- 
 missioners of the admiralty, or other department of the tories, &c., 
 government, or otherwise held for the service of the crown, fr m tlj e Act - 
 or to the manufacture, keeping, or importation of such 
 explosive ; or 
 
 (2.) To any of Her Majesty's ships, boats or carriages ; or 
 (3.) To the keeping or making up, or adapting for use of any 
 explosive issued by or by the authority of a secretary _ of 
 state for the use of any volunteer corps or administrative 
 regiment, or by or by the authority of the commissioners of 
 the admiralty for the use of any force under the control of 
 those commissioners, so far as such explosive is kept, made 
 up, and adapted for use in accordance with the regulations 
 of the secretary of state of the said commissioners, as the 
 case may be ; or 
 
 (4.) To any storehouse appointed for receiving any such explosive 
 as last above mentioned in pursuance of section twenty-six 
 of the Volunteer Act, 1863, and any Act amending the 26 & 27 Viet, 
 same, or otherwise, if such storehouse is approved by the c. 65. 
 secretary of state or the commissioners of the admiralty, as 
 the case may be, as a fit place for the storing of such explo- 
 sive, and is managed in accordance with the regulations of 
 a secretary of state or such commissioners for the manage- 
 ment of suck storehouses, or for the management of the like 
 storehouses appointed for the use of Her Majesty's army or 
 navy ; or 
 
 (5.) To the conveyance of any explosive under the control oi a 
 secretary of state, the commissioners of the admiralty, or 
 other department of the government, or to the conveyance 
 of any explosive otherwise held for the service of the crown 
 when the same is being conveyed in accordance with the 
 regulations of a secretary of state or the commissioners of 
 the admiralty or other department of the government^ 
 Provided that every person who enters without permission or 
 otherwise trespasses upon any factory, magazine, or storehouse above 
 in this section mentioned or the land immediately adjoining tneret 
 in the occupation of the crown or of a secretary of state or the com- 
 missioners of the admiralty or other department of the government,
 
 482 
 Section 97. 
 
 Saving for 
 rocket and 
 fog stations. 
 
 17 & 18 Viet. 
 c. 104, s. 389. 
 Exemption of 
 magazines in 
 the Mersey. 
 
 Saving for 
 master of 
 ship and 
 carrier in 
 case of 
 emergency. 
 
 Saving for 
 rockets, gun- 
 powder, &c., 
 on hoard 
 ship in com- 
 pliance with 
 17 & 18 Viet. 
 c. 104. 
 
 Saving clause 
 as to liability. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 or if it adjoin such a storehouse in the occupation of the officer or 
 person in whom such storehouse is vested, and any person found 
 committing any act tending to cause explosion or fire in or about 
 such factory, magazine, or storehouse, shall be liable to the like 
 penalty, and may be removed and arrested in like manner as if 
 this section had not been enacted and this Act applied to such fac- 
 tory, magazine, or storehouse, as above in this section mentioned. 
 
 98. This Act shall not apply 
 
 (1.) To the keeping of any rockets for use in any apparatus for 
 saving life, kept under the control of the commissioners of 
 the admiralty or the board of trade ; or 
 
 (2.) To the keeping of any explosive kept for the purpose of sig- 
 nalling at or near a station on the sea coast, under the control 
 of any general lighthouse authority, as defined by the 
 Merchant Shipping Act, 1854. 
 
 99. Nothing in this Act with respect to the keeping of gunpowder 
 shall apply to any vessel for the storage of gunpowder moored in the 
 river Mersey at a place appointed either before or after the passing 
 of this Act, in pursuance of the Act of the session of the fourteenth 
 and fifteenth years of the reign of Her present Majesty, chapter sixty- 
 seven, intituled " An Act to repeal so much of an Act of the twelfth 
 year of King George the Third relating to the making, keeping, and 
 carriage of gunpowder, as exempts therefrom certain gunpowder 
 magazines and stores near Liverpool, and to make certain temporary 
 provisions with regard to the said magazines and stores ; " nor shall 
 anything in this Act affect the powers of the commissioners of the 
 admiralty, or a secretary of state, or the commissioners for the con- 
 servancy of the river Mersey under the said Act : 
 
 Provided that any explosive other than gunpowder shall not be 
 kept in such vessel except in pursuance of a license under tliis 
 Act. 
 
 100. Nothing in this Act shall render liable to any penalty or 
 forfeiture the owner or master of any ship or boat, or any carrier or 
 warehouseman, or the person having charge of any carriage, for 
 any act done in breach of this Act, if he prove that by reason 
 of stress of weather, inevitable accident, or other emergency, the 
 doing of such Act was, under the circumstances, necessary and 
 proper. 
 
 101. Where any gunpowder, rockets, or other explosive are on 
 board any ship in pursuance of the provisions of the Merchant 
 Shipping Act, 1854, and the Acts amending the same, or any order 
 or regulation made under any of those Acts, nothing in this Act shall 
 apply to such gunpowder, rockets, or explosive, except that the con- 
 veyance and keeping thereof on board the ship or elsewhere while 
 the ship is in harbour shall be subject to the bye-laws under this Act, 
 and bye-laws under this Act may be made for regulating such con- 
 veyance and keeping. 
 
 102. This Act shall not, save as herein expressly provided, exempt 
 any person from any action or suit in respect of any nuisance, tort, 
 or otherwise, which might, but for the provisions of this Act, have 
 been brought against him. 
 
 This Act shall not exempt any person from any indictment or other 
 proceeding for a miisance, or for an oiTence which is indictable at
 
 88 VICT. c. 17, ss. 102105. 
 
 common law, or by any Act of parliament other than this Act, so that Section 102. 
 no person be punished twice for the same offence. 
 
 When proceedings are taken before any court against any person 
 in respect of any offence under this Act, which is also an offence 
 indictable at common law or by some Act of parliament other than 
 this Act, the court may direct that, instead of such proceedings 
 being continued, proceedings shall be taken for indicting such 
 person at common law or under some Act of parliament other than 
 this Act. 
 
 A continuing certificate granted under this Act shall not make 
 lawful any factory, magazine, or store, or any part thereof, which 
 immediately before the passing of this Act was unlawful. 
 
 103. All powers given by this Act shall be deemed to be in addi- Powers of 
 tion to and not in derogation of any other powers conferred on any Act cumula- 
 local authority by Act of parliament, but the secretary of state may, tive with 
 on the application of any local authority, or of any council of a power to 
 boroitgh, or any urban sanitary authority, or on the application of a ** e P ro " 
 any persons making, keeping, importing, exporting, or selling any visional order 
 explosive within the jurisdiction of any local authority, council, or r or re P e ^ lin & 
 urban sanitary authority, after notice to such authority, make an 
 
 order for repealing, altering, or amending all or any of the provisions 
 of any Act of parliament, charter, or custom respecting the manufac- 
 ture, keeping, conveyance, importation, exportation, or sale of an 
 explosive, or the powers of such council or authority for regulating 
 the same, or otherwise in relation to an explosive. 
 
 Notice of the draft of every such order shall be advertised not less 
 than one month before the order is made, and the secretary of state 
 shall consider all objections to such draft order sent to him in writing 
 during the said month, and shall, if it seem to him necessary, direct 
 a local inquiry into the validity of any such objections. 
 
 Any such order shall be of no force unless confirmed by parliament, 
 but when so confirmed shall have effect, with such modifications or 
 alterations as may be therein made by parliament. 
 
 If while a Bill confirming any such order is pending in either house 
 of parliament, a petition is presented against such order, the Bill, so 
 far as it relates to such order, may be referred to a select committee, 
 and the petitioner shall be allowed to appear and oppose the same as 
 in the case of a Bill for a private Act. 
 
 An order under this section may also be made for revoking or 
 altering an order under this section previously made and confirmed 
 by parliament, 
 
 Definitions. 
 
 104. Her Majesty may, by order in council, declare that any sub- Extension of 
 stance which appears to Her Majesty to be specially dangerous to definition of 
 life or property by reason either of its explosive properties, or of any explosive 
 process in the manufacture thereof being liable to explosion, shall other 
 
 be deemed to be an explosive within the meaning of this Act, and explosive 
 the provisions of this Act (subject to such exceptions, limitations, and s 
 restrictions as may be specified in the order) shaU accordingly extend 
 to such substance in like manner as if it were included in the term 
 explosive in this Act. 
 
 105. Any person who carries on any of the following processes, Persons ear- 
 namely, the process of dividing into its component parts or otherwise rying on 
 
 212
 
 484 
 Section 105. 
 
 certain pro- 
 
 deemed 
 manufac- 
 turers. 
 
 Definition 
 and classi- 
 fication of 
 explosives 
 by order in 
 council (a). 
 
 Definition of 
 "chief officer 
 of police." 
 
 " Police dis- 
 trict." 
 
 General 
 definitions, 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 breaking up or unmaking any explosive, or making fit for use any 
 damaged explosive, or the process of remaking, altering, or repairing 
 any explosive, shall be subject to the provisions of this Act as if he 
 manufactured an explosive, and the expression " manufacture" shall 
 in this Act be construed accordingly. 
 
 106. It shall be lawful for Her Majesty from time to time, by 
 order in council, to define, for the purposes of this Act, the com- 
 position, quality, and character of any explosive, and to classify 
 explosives. 
 
 Where the composition, quality, or character of any explosive has 
 been denned by an order in council, any article alleged to be such 
 explosive wliich differs from such definition in composition, quality, 
 or character, whether by reason of deterioration or otherwise, shall 
 not be deemed, for the purposes of this Act, to be the explosive so 
 defined. 
 
 107. In this Act 
 
 The expression " chief officer of police " means 
 
 (1.) In the city of London and the liberties thereof, the commis- 
 sioners of city police ; and 
 
 (2.) In the metropolitan police district, the commissioner or any 
 assistant commissioner or any district superintendent of 
 metropolitan police ; and 
 
 (3.) Elsewhere the chief constable, or head constable, or other 
 officer, by whatever name called, having the chief com- 
 mand of the police in the police district in reference to 
 which such expression occurs : 
 The expression " police district " means 
 
 (1.) The city of London and the liberties thereof ; and 
 
 (2.) The metropolitan police district ; and 
 
 (3.) Any county, or liberty of a county, borough, town, place, or 
 union, or combination of places maintaining a separate 
 police force ; and all the police under one chief constable 
 shall be deemed to constitute one force for the purposes 
 of this section. 
 
 108. In this Act, unless the context otherwise requires 
 
 The expression " this Act " includes any license, certificate, bye- 
 law, regulation, rule, and order granted or made in pursuance of 
 this Act : 
 
 The expression " existing " means existing at the passing of this 
 Act \ 
 
 The expression person " includes a body corporate : 
 
 The expression " occupier" includes any number of persons and a 
 body corporate ; and in the case of any manufacture or trade, 
 includes any person carrying on such manufacture or trade : 
 
 The expression " master " includes every person (except a pilot) 
 having command or charge of a ship, and in reference to any 
 boat belonging to a ship, means the master of the ship ; and 
 when used in reference to any other boat, includes every person 
 having command or charge of such boat : 
 
 The expression " magazine " includes any ship or other vessel used 
 for the purpose of keeping any explosive : 
 
 (a) See order of council in London Gazette of 10th August, 1875, direct- 
 ing that explosives shall be divided into seven classes.
 
 38 VICT. c. 17, s. 108. 485 
 
 The expression " factory magazine " means a building for keeping Section 108. 
 the finished explosive made in the factory, and includes, if such 
 explosive is not gunpowder, any building for keeping the partly 
 manufactured explosive or the ingredients of such explosive 
 which is mentioned in that behalf in the license : 
 
 The expression "store" means an existing gunpowder store as 
 denned by this Act, or a place for keeping an explosive licensed 
 by a license granted by a local authority under this Act: 
 
 The expression " secretary of state " means one of Her Majesty's 
 principal secretaries of state : 
 
 The expression " warehouseman " includes all persons owning or 
 managing any warehouse, store, wharf, or other premises in 
 which goods are deposited : 
 
 The expression " carrier " includes all persons carrying goods or 
 passengers for hire by land or water : 
 
 The expression " harbour authority " means any person or body of 
 persons, corporate or unincorporate, being or claiming to be 
 proprietor or proprietors of or intrusted with the duty or in- 
 vested with the power of improving, managing, maintaining, 
 or regulating any harbour properly so called, whether natural or 
 artificial, and any port, haven, and estuary, or intrusted with 
 the duty of conserving, maintaining, or improving the naviga- 
 tion of any tidal water, and any such harbour, port, haven, 
 estuary, tidal water, and any wharf, dock, pier, jetty, and work, 
 and other area, whether land or water, over which the harbour 
 authority as above defined have control or exercise powers, are 
 in the other portions of this Act included in the expression 
 "harbour" : 
 
 The expression "canal company" means any person or body of 
 persons, corporate or unincorporate, being owner or lessee or 
 owners or lessees of, or working, or entitled to charge tolls 
 for the use of any canal in the United Kingdom, constructed^ 
 carried on under the powers of any Act of parliament, or in- 
 trusted with the duty of conserving, maintaining, or improving 
 the navigation of any inland water, and every such canal and 
 inland water under the control of a canal company as above 
 defined, and any wharf, dock, pier, jetty, and work in or at 
 which barges do or can ship or unship goods or passengers, and 
 other area, whether land or water, which belong to or are under 
 the control of such canal company, are in the other portions of 
 this Act included in the expression " canal " : 
 
 The expression "tidal water" means any part of the sea or of 
 a river within the ebb and flow of the tides at ordinary spring 
 tides : 
 
 The expression " inland water " means any canal, river, navigation, 
 lake, or water which is not tidal AVater : 
 
 The expression " railway company " means any person or body of 
 persons, corporate or unincorporate, being the owner or lessee or 
 owners or lessees of or working any railway worked by steam or 
 otherwise than by animal power in the United Kingdom, con- 
 structed or carried on under the powers of any Act of parlia- 
 ment and used for public traffic, and every building, station, 
 wharf, clock, and place, which belong to or are under the con- 
 trol of a railway company, are in the other portions of this Act 
 included in the expression " railway": 
 
 The expression "wharf" includes any quay, landing place, 
 siding, or other place at which goods are landed, loaded, or 
 
 un 
 
 Liny, ui. 
 
 loaded :
 
 486 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Section 108. The expression "carriage" includes any carriage, waggon, cart, 
 
 truck, vehicle, or other means of conveying goods or passengers 
 
 by land, in whatever manner the same may be propelled : 
 
 The expression " ship " includes every description of vessel used in 
 sea navigation, whether propelled by oars or otherwise : 
 
 The expression " boat " means every vessel not a ship as above de- 
 nned which is used in navigation in any inland water or any 
 harbour, whether propelled by oars or otherwise : 
 
 The expression " prescribed " means prescribed by order in council : 
 
 The expression " borough " means any place for the time being 
 subject to the Act of the session oi the fifth and sixth years of 
 the reign of King William the Fourth, chapter seventy-six, 
 intituled " An Act to provide for the regulation of municipal 
 corporations in England and Wales," and the Acts amending the 
 same : 
 
 The expression " county " does not include a county of a city or a 
 county of a town : 
 
 Every riding, division, liberty, or part of a county having a 
 separate commission of the peace and separate court of quarter 
 sessions is for the purposes of this Act to be deemed to be a 
 county : 
 
 The expressions "urban sanitary district" and "urban sanitary 
 authority " mean the districts and authorities declared to be 
 urban sanitary districts and authorities by the Public Health 
 Act, 1872 ; and any urban sanitary district which is an Im- 
 provement Act district within the meaning of that Act, is in 
 this Act referred to as an improvement district ; and the ex- 
 pression "improvement commissioners" in this Act means 
 the commissioners who are the urban sanitary aiithority for 
 such district : 
 
 The expression " safety cartridges " means cartridges for small anus 
 of which the case can be extracted from the small arm after 
 firing, and w T hich are so closed as to prevent any explosion in 
 one cartridge being communicated to other cartridges : 
 
 The expression " Gunpowder Act, 1860," means the Act of the 
 session of the twenty -third and twenty-fourth years of the reign 
 of Her present Majesty, chapter one hundred and thirty-nine, 
 intituled " An Act to amend the law concerning the making, 
 keeping, and carriage of gunpowder and compositions of an ex- 
 plosive nature, and concerning the manufacture, sale, and use 
 of fireworks," and the Acts amending the same : 
 
 The expression "summary jurisdiction Acts" means the Act of 
 the session of the eleventh and twelfth years of the reign of 
 Her present Majesty, chapter forty-three, intituled " An Act to 
 facilitate the performance of the duties of justices of the peace 
 out of sessions within England and Wales with respect to 
 summary convictions and orders," and any Acts amending the 
 
 The expression " court of summary jurisdiction " means any jus- 
 tice or justices of the peace, metropolitan police magistrate, 
 stipendiary, or other magistrate or officer, by whatever name 
 called, to whom jurisdiction is given by the summary jurisdic- 
 tion Acts or any Acts therein referred to : 
 
 The expression " quarter sessions " includes general sessions, 
 
 [The sections of the Act from 109 to 115 inclusive, apply to 
 Scotland ; and from 116 to 121 inclusive, to Ireland.]
 
 38 VICT. c. 17, s. 122. 487 
 
 Section 122. 
 
 Repeal of Ads. 
 
 122. The Acts specified in the fourth schedule to this Act are Repeal of cer- 
 
 hereby repealed from and after the commencement of this Act, and tain Acts and 
 
 the Act specified in the fifth schedule to this Act is hereby repealed part of Act in 
 
 from and after the commencement of this Act to the extent in the 4fc h and 5th 
 
 third column of that schedule mentioned. schedules. 
 
 Provided that 
 
 (1.) The enactments hereby repealed shall continue in force 
 
 For the purpose of any business or thing which any per- 
 son is authorized to carry on or do in like manner as if 
 this Act had not passed, for the time during which such 
 business or thing is authorized to be carried on or done ; 
 and 
 
 (2.) Any rules made in pursuance of any enactment hereby re- 
 pealed, for the purpose of regulating the conduct of ser- 
 vants and workmen employed in any mill, magazine, or 
 place, shall continue in force, and the penalties under the 
 said enactments for a breach of such rules may be enforced, 
 until the expiration of three months after the grant of a 
 continuing certificate under this Act to the occupier of 
 such mill, magazine, or place, and such further period as 
 the secretary of state may by order direct, for the purpose 
 of enabling such occupier to make special rules under this 
 Act ; and 
 (3.) This repeal shall not affect 
 
 (a.) The past operation of any enactment hereby repealed, nor 
 anything duly done or suffered under any enactment 
 hereby repealed ; or 
 
 (6.) Any right, privilege, obligation, or liability acquired, 
 accrued, or incurred under any enactment hereby re- 
 pealed ; or 
 
 (c.) Any penalty, forfeiture, or punishment incurred in respect 
 of any offence committed against any enactment hereby 
 repealed ; or 
 
 (d) Any investigation, legal proceeding, or remedy in respect 
 of any such right, privilege, obligation, liability, penalty, 
 forfeiture, or punishment as aforesaid ; and any such in- 
 vestigation, legal proceeding, and remedy may be carried 
 on as if this Act had not passed ; and 
 
 (4.) This repeal shall not revive any enactment, right, privilege, 
 matter, or thing not in force or existing at the commence- 
 ment of this Act.
 
 488 APPENDIX, THE EXPLOSIVES ACT, 1875. 
 
 Sched. 1, 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 PART I. 
 
 Gunpoicder Factories. 
 
 Regulations which are to form part of the terms of every continuing 
 certificate of a factory for gunpowder. 
 
 (1.) The quantity of gunpowder or ingredients to be made into 
 gunpowder to be at one time under any single pair of mill 
 stones or rollers or runners shall not exceed fifty pounds 
 as respects sporting and government powder, and sixty 
 pounds as respects all inferior powders ; and every in- 
 corporating mill or group of incorporating mills shall be 
 provided with a charge house for the store of mill charges, 
 properly constructed of stone or brick, and situate at a safe 
 and suitable distance from each incorporating mill or group 
 of incorporating mills : 
 
 (2.) The quantity of gunpowder to be subjected to pressure at 
 one time in any press house shall not exceed ten hundred- 
 weight : 
 
 (3.) The quantity of gunpowder to be corned or granulated at one 
 time in any corning or granulating house shall not exceed 
 twelve hundredweight : 
 
 (-4.) The quantity of gunpowder to be dried at one time in one 
 stove or place used for the drying of gunpowder shall not 
 exceed fifty hundredweight : 
 
 (5.) The respective quantities to be at any one time in any press 
 house or corning or granulating house shall not exceed 
 twice the respective quantities hereby allowed to be sub- 
 jected to pressure and to be corned or granulated at one 
 time ; and the quantity to be at any one time in any drying 
 house or dusting house shall not be more than is necessary 
 for the immediate supply and work of such house ; and for 
 the purposes of this provision any building used with any 
 such press house, corning or granulating house, drying 
 house or dusting house, shall be deemed part thereof, save 
 only magazines constructed with stone or brick and situate 
 forty yards at least from every such press house or other 
 house as aforesaid (hereinafter distinguished as expense 
 magazines), and save only the stove in which the powder 
 which has been dried may be cooling : 
 
 (6.) Every person keeping or using any mill for the making of 
 gunpowder shall have (in addition to the expense magazines) 
 a good and sufficient factory magazine or magazines, situate 
 (unless otherwise authorized by a certificate of the secre-
 
 38 ?ICT. c. 17, SCHED. 1. 439 
 
 tary of state under the Gunpowder Act, 1860) at least one Sched. 1. 
 hundred and forty yards distant from the mill or mills and 
 every press house and other house or place used for or in 
 the making of gunpowder, such magazine or magazines to 
 be well and substantially built with brick or stone, and 
 situate in such place as may have been lawfully used or duly 
 licensed by justices before the commencement of the Gun- 
 powder Act, 1860, and not made unlawful by that Act, or 
 may have been after the commencement of that Act duly 
 licensed under the Gunpowder Act, 1860 : 
 
 (7.) No maker of gunpowder shall keep or permit to be kept any 
 charcoal within twenty yards of any mill or other engine 
 for making gunpowder, or of any press house, or drying, 
 corning, or dusting house or other place used in or for the 
 making of gunpowder, or any magazine or storehouse thereto 
 belonging. 
 
 PART II. 
 
 Gunpoicder Stores* 
 
 Regulations which are to form part of the terms of every continuing 
 certificate for a gunpowder store. 
 
 (1.) The store shall be exclusively for the use of a mine, quarry, 
 colliery, or factory for safety fuzes : 
 
 (2.) The amount of gunpowder in the store shall not exceed, if 
 the store is well and substantially built of brick or stone, 
 four thousand pounds, and in any other case three hundred 
 pounds : 
 
 (3.) Where the amount of gunpowder in the store exceeds three 
 hundred pounds, such store shall, unless otherwise autho- 
 rized before the passing of this Act by a certificate of the 
 .secretary of state, be within two hundred yards of the mine, 
 quarry, colliery, or factory for safety fuzes, or one of the 
 mines, quarries, collieries, or factories for safety fuzes for the 
 use of which such gunpowder is kept, and not within two 
 hundred yards of any inhabited house without the consent in 
 writing of the occupier of such house : 
 
 (4.) Where such certificate has been given, the conditions on 
 which it was given shall be duly observed as if they were 
 contained in this schedule : 
 
 (5.) Where the amount of gunpowder does not exceed three 
 hundred pounds, the store shall be within two hundred 
 yards of the mine, quarry, colliery, or factory for the use 
 of Avhich it is erected, and unless it was erected and used 
 for the said purpose before the passing of the Gunpowder 
 Act, 1860, shall not be within two hundred yards from any 
 inhabited house without the consent in writing of the 
 occupier of such house : 
 
 (6.) The store shall not be within the city of London or West- 
 minster or within three miles of either of them, or within any 
 borough or market town or one mile of the same, or within 
 two miles of any palace or house of residence of Her Majesty, 
 her heirs and successors, or within two miles of any gun- 
 powder magazine belonging to the crown, or within half a 
 mile of any parish church.
 
 490 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 Sched. 2. 
 
 SECOND SCHEDULE. 
 
 Arbitration. 
 
 Provisions With respect to arbitrations under this Act, the following provi- 
 
 as to arbitra- sions shall have effect : 
 
 tlons> (1.) The parties to the arbitration are in this section deemed to be 
 
 the occupier of the factory, magazine, or store on the one 
 hand, and on the other the government inspector (on behalf 
 of the secretary of state) : 
 
 (2.) Each of the parties to the arbitration may, within twenty- 
 one days after the date of the reference, appoint an 
 arbitrator : 
 
 (3.) No person shall act as arbitrator or umpire under this Act 
 who is employed in or in the management of or is directly 
 or indirectly interested in the manufacture, trade, factory, 
 magazine, store, business, or premises to which the arbi- 
 . tration relates, or is in any manner interested directly or 
 indirectly in the matter to which the arbitration relates : 
 
 (4.) The appointment of an arbitrator under this section shall be- 
 in writing, and notice of the appointment shall be forthwith 
 sent to the other party to the arbitration, and shall not be 
 revoked without the consent of such other party : 
 
 (5.) The death, removal, or other change in any of the parties to 
 the arbitration shall not affect the proceedings under this 
 section : 
 
 (6.) If within the said twenty-one days either of the parties fail 
 to appoint an arbitrator, the arbitrator appointed by the 
 other party may proceed to hear and determine the matter 
 in difference, and in such case the award of the single 
 arbitrator shall be final : 
 
 (7.) If before an award has been made any arbitrator appointed by . 
 either party die or become incapable to act, or for fourteen 
 days refuse or neglect to act, the party by Avhom such arbi- 
 trator was appointed may appoint some other person to act 
 in his place ; and if he fail to do so within fourteen days 
 after notice in writing from the other party for that pur- 
 pose, the remaining arbitrator may proceed to hear and 
 determine the matters in difference, and in such case the 
 award of such single arbitrator shall be final : 
 
 (8.) In either of the foregoing cases where an arbitrator is em- 
 powered to act singly, upon one of the parties failing to 
 appoint, the party so failing may, before the single arbi- 
 trator has actually proceeded in the arbitration, appoint 
 an arbitrator, who shall then act as if no failure had been 
 made : 
 
 (9.) If the arbitrators fail to make their award within twenty-one 
 days after the day on which the last of them was appointed, 
 or within such extended time (if any) as may have been 
 appointed for that purpose by both arbitrators under their 
 hands, the matter in difference shall be determined by the 
 Umpire appointed as herein-after mentioned : 
 
 (10.) The arbitrators, before they enter upon the matters referred 
 to them, shall appoint by writing under their hands an 
 umpire to decide on points on which they may differ :
 
 38 VICT. c. 17, SCHEDS. 2, 3. 491 
 
 (11.) If the umpire clie or become incapable to act before he lias Sched. 2. 
 made his award, or refuses to make his award within a 
 
 reasonable time after the matter has been brought within 
 his cognizance, the persons or person who apppointed 
 such umpire shall forthwith appoint another umpire in his 
 place : 
 
 (12.) If the arbitrators refuse or fail or for seven days after the 
 request of either party neglect to appoint an umpire, then 
 on the application of either party an umpire shall be ap- 
 pointed by the chairman of the quarter sessions of the peace 
 within, the jurisdiction of which the factory, magazine, or 
 store is situate : 
 
 (13.) The decision of every umpire on the matters referred to him 
 shall be final : 
 
 (14.) If a single arbitrator fail to make his award within twenty- 
 one days after the day on which he was appointed, the party 
 who appointed him may appoint another arbitrator to act 
 in his place : 
 
 The arbitrator and their umpire or any of them may 
 examine the parties and their witnesses on oath, they may 
 also consult any counsel, engineer, or scientific person whom 
 they may think it expedient to consult : 
 
 (15.) The payment, if any, to be made to any arbitrator or umpire 
 for his services shall be fixed by the secretary of state, and 
 together with the costs of the arbitration and award shall 
 be paid by the parties, or one of them, according as the 
 award may direct. Such costs may be taxed by a master 
 of one of the superior courts, who, on the written applica- 
 tion of either of the parties, shall ascertain and certify the 
 proper amount of such costs. The amount, if any, pay- 
 able by the secretary of state shall be paid as part of the 
 expenses of inspectors under this Act. The amount, if any, 
 payable by any other party may in the event of nonpay- 
 ment be recovered in the same manner as penalties under 
 this Act. 
 
 THIRD SCHEDULE. 
 
 Maximum Fees for Licenses granted by the Secretary of State. 
 
 Factory license, original - Ten pounds. 
 
 Do., amending - Mve pounds. 
 
 Do.* renewal when lost - - - Five shillings. 
 
 Magazine license, original ... - Ten pounds. 
 
 Do., amending - Five pounds. 
 
 Do., renewal when lost - - - Five shillings, 
 
 Importation license, first grant - - - One pound, 
 
 Do., renewal Ten shillings. 
 
 Containing certificate Forty shillings.
 
 492 
 Sched. 4. 
 
 APPENDIX. THE EXPLOSIVES ACT, 1875. 
 
 FOUKTH SCHEDULE. 
 
 Session and Chapter. 
 
 Title. 
 
 23 & 24 Viet. c. 139 
 
 24 & 25 Viet. c. 130 
 
 25 & 26 Viet. c. 98 - 
 
 29 & 30 Viet. c. 69 - 
 32 & 33 Viet. c. 113 - 
 
 An Act to amend the law concerning the 
 making, keeping, and carriage of gun- 
 powder and compositions of an explosive 
 nature, and concerning the manufacture, 
 sale, and use of fireworks. 
 
 An Act for amending an Act passed in the 
 last session of parliament to amend the 
 law concerning the making, keeping, and 
 carriage of gunpowder and compositions of 
 an explosive nature, and concerning the 
 manufacture, sale, and use of fireworks. 
 
 An Act for the amendment of an Act of the 
 session of the twenty-third and twenty- 
 fourth years of the reign of Her present 
 Majesty, chapter one hundred and thirty- 
 nine, intituled an Act to amend the law 
 concerning the making, keeping, and car- 
 riage of gunpowder and compositions of an 
 explosive nature, and concerning the manu- 
 facture, sale, and use of fireworks, and of 
 an Act amending the last-mentioned Act. 
 
 An Act for the amendment of the law with 
 respect to the carriage and deposit of dan- 
 gerous goods. 
 
 An Act to prohibit for a limited time the 
 importation and to restrict and regulate 
 the carriage of nitro-glycerinc. 
 
 FIFTH SCHEDULE. 
 
 Session and Chapter, 
 
 Abbreviated Title. 
 
 Extent of Repeal. 
 
 26 & 27 Viet. c. 65. 
 
 The Volunteer Act, 1863. 
 
 Section twenty-six 
 from "all exemp- 
 tions contained in 
 the Gunpowder 
 Act, 1860," inclu- 
 sive, to the end of 
 the section.
 
 AN ACT 
 
 TO MAKE PROVISION RESPECTING THE USE OF 
 SUBWAYS CONSTRUCTED BY THE METROPOLITAN 
 BOARD OF WORKS IN THE METROPOLIS, 
 
 31 & 32 VICT. CAP, 80, 
 
 25TH JUNE, 1868, 
 
 WHEREAS subways have been constructed or are proposed to be con- 
 structed in the new streets and roadways which the metropolitan 
 board of works, in this Act called " the board," are by virtue of the 
 several Acts set forth in the schedule to this Act authorized to make 
 within the metropolis : And whereas, in order to prevent incon- 
 venience to the public by the frequent breaking up of the said streets 
 and roadways, it is expedient to enable the board to require com- 
 panies or persons intending or required to place Avater, gas, and other 
 pipes in the said streets and roadways to lay the same in the subways 
 upon proper terms and conditions ; and it is also expedient to make 
 other provision respecting the use of subways in the metropolis : 
 Be it therefore enacted by the Queen's most Excellent Majesty, by 
 and with the advice and consent of the Lords spiritual and temporal, 
 and Commons in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. This Act mav be cited as " The Metropolitan Subways Act, Short title. 
 1868." 
 
 2. In tliis Act the term " subway" means an arched passage or Interpreta- 
 covered way under the surface of a street constructed for the recep- tion of 
 tion of gas, water, and other pipes ; the term " street" has the same terms, 
 meaning as it has in " The Metropolis Management Act, 1855," and 
 
 shall include any roadway on any embankment or land reclaimed 
 from the river Thames or connected therewith ; the term " pipe" 
 includes gas pipe, water pipe, tube for telegraph wires or other tube, 
 and any apparatus connected with a pipe or tube ; the expression 
 " the metropolis" means the metropolis as denned by " The Metropolis 
 Management Amendment Act, 1862." 
 
 3. This Act shall apply only to the several subways under any Extent of 
 street constructed under the powers of the respective Acts set forth Act. 
 
 in the schedule to this Act annexed. 
 
 4. Where any company, body, or person is desirous of laying or As to new 
 may be required to lay any pipe under the surface of any street under pipes.
 
 494 
 
 APPENDIX THE METROPOLITAN SUBWAYS ACT, 1868, 
 
 Section 4. which there is a subway to which this Act applies, and the board, by 
 notice served on such company, body, or person, requires them or him 
 to lay the same in the subway, then notwithstanding anything in 
 any special or general Act of parliament contained, it shall not be 
 lawful for such company, body, or person to lay the same under the 
 surface of the street otherwise than; in the subway, or after the 
 service of such notice to open or break up the street for that purpose. 
 
 Power for 
 board to re- 
 quire com- 
 panies, &c., 
 to use sub- 
 ways. 
 
 Remedies 
 against com- 
 panics, &c., 
 violating 
 foregoing 
 provisions. 
 
 As to exist- 
 ing pipes 
 in streets 
 in which 
 there is a 
 subway. 
 
 Right of all 
 companies, 
 &c., to use 
 subways. 
 Pipes to be 
 maintained 
 l>y com- 
 panies, &c. 
 
 As to super- 
 vision. 
 
 5. If any company, body, or person lays a pipe or opens or breaks 
 np a street in any respect in contravention of the foregoing provision, 
 they or he shall for every such offence (without prejudice to any 
 other remedy or proceeding against them or him) be liable to a 
 penalty not exceeding twenty pounds ; and the board (whether hav- 
 ing the control or management of the surface and soil of the street 
 or not), if they think fit, may remove the pipe so laid, and may fill 
 in the ground and make good the surface and pavement of the street 
 so opened or broken up, and the expenses incurred by the board in 
 so doing shall be repaid, on demand, to the board by such company, 
 body, or person, and in default of payment may be recovered us a 
 penalty (a) is under this Act recoverable. 
 
 6. Where the board has before or after the passing of this Act 
 constructed a subway tinder any street to which this Act applies, and 
 a pipe has been laid under the surface of the street otherwise than in 
 the subway, the board may, by notice served on the company, body, 
 or person to whom such pipe belongs, require them or him to remove 
 the same into the subway, and the cost of such removal shall be 
 defrayed by the board ; and if any difference arise as to the reason- 
 able amount of such cost, the same shall be settled by an arbitrator 
 to be appointed by the board of trade on the application of either 
 party, and the cost of the reference shall be in the discretion of the 
 arbitrator ; and if default be made by the company in the removal 
 of any such pipe, the board, whether having the control or manage- 
 ment of the surface and soil of the street or not, if they think fit, 
 may take up the pipe in respect of which default is made, and may 
 remove the same into the subway, and if it be necessary for the pur- 
 pose of such removal to substitute new pipes for the existing pipes 
 in the street, the arbitrator may apportion the cost of such substi- 
 tution between the board and the company, body, or person, if he 
 considers the company, body, or person derive any benefit from the 
 substitution. 
 
 7. This board shall, so far as space will admit, and without favour 
 or preference, allow pipes to be laid in a subway. 
 
 8. All pipes placed in the subways shall be maintained by the 
 companies, bodies, or persons to whom the same belong, under the 
 supervision of an officer appointed by the board, and the subway 
 shall be maintained by the board in an efficient state of ventilation 
 and repair, and free from water and other obstruction in the way of 
 the companies, bodies, and persons using the same. 
 
 9. The supervision of the pipes and the general supervision of the 
 subways to be provided by the board shall be in such manner and 
 upon such terms, pecuniary and otherwise, as may be agreed upon 
 
 (a) See section 10, infra,
 
 31 & 32 VICT. c. 80, ss. 912, SCHED. 495 
 
 between the board and the company, body, and person using the sub- Section 9. 
 way, and, in case of difference, the manner and terms of such super- 
 vision shall be determined by the board of trade, or by an arbitrator 
 appointed by that board, on the application of either party, and the 
 costs of the reference shall be in the discretion of the arbitrator, 
 and each party shall do all Acts necessary to give effect to such 
 arbitration. 
 
 10. For the purposes and in the execution of this Act, the board Application 
 shall have and may exercise all such powers, privileges, and authori- to this Act of 
 ties as are conferred on the board by the Acts constituting and regu- powers, &c., 
 lating the board, and as far as may be the provisions of those Acts f Local 
 shall apply for the purposes and in the execution of this Act, and in Management 
 particular the provisions of those Acts relative to bye-laws shall Actj &c> 
 extend to empower the board to make, alter, and repeal bye-laws (b) See section 
 for regulating the use of subways constructed by the board before 202 and 
 
 or after the passing of this Act, and of the communications there- following 
 
 with ; and penalties (c) under this Act shall be recoverable and sections of 
 
 applicable as penalties under the said Acts are recoverable and Q e Loeal 
 
 applicable. J-jj 
 
 11. No bye-laws made under the authority of this Act shall come No bye-laws 
 into operation until the same be allowed by the board of trade, and to come into 
 twenty-one days' notice of the intention to apply to the board of operation 
 trade for the allowance of such bye-laws shall be given to the gas until allowed 
 and water companies supplying gas and water in the districts in which b J tbe 
 
 the subways to which such bye-laws relate shall be situate ; and the board of 
 board of trade may allow, disallow, or alter any such bye-laws as they * ra ^ e ' 
 think proper. 
 
 12. The costs, charges, and expenses of and incidental and prelimi- Expenses 
 nary to the obtaining and passing of this Act, and incurred by the of Act. 
 board in relation thereto, and of carrying the same into effect, shall 
 
 be paid by the board out of the funds which they may raise within 
 the metropolis, as denned by " The Metropolis Management Amend- 
 ment Act, 1862," under the powers and provisions of " The Metro- 
 polis Management Act, 1855," and the Acts amending the same. 
 
 The SCHEDULE to which the foregoing Act refers. 
 
 Acts authorizing the making, by the metropolitan board of works, 
 of new streets and roadways. 
 
 1. Covent Garden Approach, and Southwark and Westminster 
 
 Communication Act, 1857. 
 
 2. Victoria Park Approach Act, 1858. 
 
 3. The Thames Embankment Act, 1862. 
 
 4. The Thames Embankment Act, 1863. 
 
 5. The Metropolis Improvement Act, 1863. 
 
 6. The Thames Embankment Act, 1864. 
 
 7. The Whitechapel and Holborn Improvement Act, 1865. 
 
 (b) See 18 & 19 Viet. c. 120, s. 202. 
 
 (c) Sec 18 & 19 Viet. c. 120, s. 227.
 
 AN ACT 
 
 TO FACILITATE THE CONSTRUCTION AND TO REGU- 
 LATE THE WORKING OF TRAMWAYS. 
 
 33 & 34 VICT. CAP. 78. 
 
 9ra AUGUST, 1870. 
 
 BE it enacted by the Queen's most excellent Majesty, by and with the 
 advice and consent of the Lords spiritual and temporal, and Commons, 
 in this present parliament assembled, and by the authority of the 
 same, as follows : 
 
 Short title, 
 
 Limitation 
 of Act. 
 
 Interpreta- 
 tion of 
 terms. 
 
 Preliminary. 
 
 1, This Act may be cited for all purposes 
 Act, 1870," 
 
 2, This Act shall not extend to Ireland. 
 
 : The Tramway,' 
 
 3, For the purposes of this Act the terms hereinafter mentioned 
 shall have the meanings hereinafter assigned to them ; that is to 
 Bay, 
 
 The terms " local authority" and "local rate" shall mean respectively 
 the bodies of persons and rate named in the table in Part One of 
 the schedule (A.) to this Act annexed : 
 
 The term " road" shall mean any carriageway being a public high- 
 way, and the carriageway of any bridge forming part of or lead- 
 ing to the same : 
 
 The term "road authority* shall mean, in the districts specified in 
 the table in Part Two 'in the schedule (A.) to this Act annexed, 
 the bodies of persons named in the same table, and elsewhere 
 any local authority, board, town council, body corporate, com- 
 missioners, trustees, vestry, or other body or persons in whom a 
 road as denned by this Act is vested, or who have the power to 
 maintain or repair such road : 
 
 The term "district," in relation to a local authority or road 
 authority, shall mean the area within the jurisdiction of such 
 local authority or road authority : 
 
 The term " prescribed" shall mean prescribed by any rules made 
 in pursuance of this Act : 
 
 The term " the Lands Clauses Acts" means, so far as the provi- 
 sional order in which that term is used relates to England, The
 
 33 & 34 VICT. c. 78, ss. 35. 
 
 Lands Clauses Consolidation Act, 1845 ; and, so far as the same 
 relates to Scotland, the Lands Clauses Consolidation (Scotland) 
 Act, 1845 ; together with, in each case, the Lands Clauses Con- 
 solidation Acts Amendment Act, 1860 : 
 
 The term " two justices" shall, in addition to its ordinary significa- 
 tion, mean one stipendiary or police magistrate acting in any 
 police court for the district. 
 
 497 
 
 PART I. 
 
 'Provisional Orders authorising the Construction of Tramways. 
 
 4. Provisional orders authorizing the construction of tramways in By whom 
 any district may be obtained by provisional 
 
 (1.) The local authority of such district ; or by orders au- 
 
 (2.) Any person, persons, corporation, or company, with the con- thorisiug tho 
 sent of the local authority of such district ; or of the road construction 
 authority of such district where such district is or forms ^ tramways 
 part of a highway district formed under the provisions of llia y ^ c 
 " The Highway Acts :" obtained. 
 
 And any such local authority, person, persons, corporation, or com- 
 pany shall be deemed to be. promoters of a tramway, and are in this 
 Act referred to as " the promoters." 
 
 Application for a provisional order shall not be made by any 
 local authority until such application shall be approved in the 
 manner prescribed in Part III. of the schedule A. to this Act 
 annexed (a). 
 
 Where in any district there is a road authority distinct from the 
 local authority (6), the consent of such road authority shall also be 
 necessary in any case where power is sought to break up any road (c) 
 subject to the jurisdiction of such road authority, before any provi- 
 sional order can be obtained. 
 
 5. Where it is proposed to lay down a tramway in two or more The board 
 districts, and any local or road authority having jurisdiction in any of trade 
 of such districts does not consent thereto, the board of trade (d) may, may in cer- 
 nevertheless, make a provisional order authorizing the construction tain cases 
 of such tramway if they are satisfied, after inquiry (<?), that two dispense 
 thirds of the length of such tramway is proposed to be laid in a dis- Wltn e 
 trict or in districts the local and road authority or the local and road cons ent 
 
 (d) See note to sched. A., Part III, inft-a. 
 
 (6) In the metropolis (exclusive of the city of London) the metropolitan 
 board are the local authority, and vestries and district boards are the road 
 authority ; sched. A., Parts I. and II. 
 
 (c) See Metropolis Management Act, 1855, sections 109 to 115 inclusive, 
 as to breaking up or opening pavements. 
 
 (d) 34, & 35 Viet. c. 69 (Metropolitan Tramways Provisional Orders 
 Suspension Act, 1871), enables the board of trade to dispense with certain 
 provisions of this Act (1870) in respect of certain provisional orders therein 
 referred to. 
 
 (e) See regulations with respect to enquiries before referee appointed by 
 the board of trade, section 63. 
 
 2 K
 
 498 
 
 Section 5. 
 
 of local 
 or road 
 authority. 
 Notices and 
 deposit of 
 documents 
 by pro- 
 moters as in 
 schedule. 
 
 Power for 
 Board of 
 Trade to 
 determine 
 on applica- 
 tion and on 
 objection. 
 
 Power for 
 Board of 
 Trade to 
 make Provi- 
 sional Order. 
 Form and 
 contents of 
 Provisional 
 Order. 
 
 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 authorities of which district or districts do consent thereto ; and in 
 such case they shall make a special report stating the grounds upon 
 which they have made such order. 
 
 6. The promoters intending to make an application for a provi- 
 sional order shall proceed as follows : 
 
 (1.) In the months of October and November next before their 
 application, or in one of those months, they shall publish 
 notice of their intention to make such application by 
 advertisement (a) ; and they shall, on or before the iif- 
 teenth day of the following month of December, serve 
 notice of such intention, in accordance with the standing 
 orders (if any) of both houses of parliament for the time 
 being in force with respect to Bills for the construction of 
 tramways : 
 
 (2.) On or before the thirtieth day of the same month of November 
 they shall deposit the documents described in part two 
 of the same schedule, according to the regulations therein 
 contained : 
 
 (3.) On or before the twenty -third day of December in the same 
 year they shall deposit the documents described in part three 
 of the same schedule, according to the regulations therein 
 contained : 
 
 All maps, plans, and documents required by this Act to be depo- 
 sited for the purposes of any provisional order may be deposited with 
 the persons and in the manner directed by the Act of the session of par- 
 liament held in the seventh year of the reign of His late Majesty 
 King William the Fourth and the first year of Her present Majesty, 
 intituled " An Act to compel clerks of the peace for counties and 
 other persons to take the, custody of such documents as shall be 
 directed to be deposited with them under the standing orders of either 
 house of parliament ; " and all the provisions of that Act shall apply 
 accordingly (b). 
 
 7. The board of trade shall consider the application, and may, if 
 they think fit, direct an inquiry in the district to which the same 
 relates, or may otherwise inquire as to the propriety of proceeding upon 
 such application, and they shall consider any objection thereto that 
 may be lodged with them on or before such day as they from 
 time to time appoint, and shall determine whether or not the promo- 
 ters may proceed with the application. 
 
 8. Where it appears to the board of trade expedient and proper 
 that the application should be granted, with or without addition or 
 modification, or siibject or not to any restriction or condition, the 
 board of trade may settle and make a provisional order accordingly. 
 
 Every such provisional order shall empower the promoters therein 
 specified to make the tramway upon the gauge and in manner therein 
 described, and shall contain such provisions as (subject to the require- 
 ments of this Act) the board of trade, according to the nature of the 
 
 (a) As to particulars to be stated in, and insertion of, advertisements, &c., 
 see sched. B., Part I. 
 
 (b) The 7 Will. 4 & 1 Viet. c. 83, s. 2, provides that all persons interested 
 shall have liberty to inspect and make extracts and copies of or from such 
 maps ; and section 3 imposes a penalty not exceeding 5 on any clerk of the 
 peace, &c., for noncompliance with the provisions of the Act.
 
 33 & 34 VICT. c. 78, ss. 814. 499 
 
 application and the facts and circumstances of each case, think fit to Section 8. 
 
 submit to parliament for confirmation in manner provided by this 
 
 Act (c) ; but so that any such provisional order shall not contain any 
 provision for empowering the promoters or any other person to acquire 
 lands otherwise than by agreement, or to acquire any lands, even by 
 agreement, except to an extent therein limited, or to construct a 
 tramway elsewhere than along or across a road (d), or upon land taken 
 by agreement. 
 
 9. Every tramway in a town which is hereafter authorized by pro- Regulations 
 visional order shall be constructed and maintained as nearly as may as to con- 
 be in the middle of the road ; and no tramway shall be authorized by structionof 
 any provisional order to be so laid that for a distance of thirty feet or tramways 
 upwards a less space than nine feet and six inches shall intervene ^ n towns, 
 between the outside of the footpath on either side of the road and the 
 
 nearest rail of the tramway if one third of the owners or one third 
 of the occupiers of the houses, shops, or warehouses abutting upon the 
 part of the road where such less space shall intervene as aforesaid 
 shall in the prescribed manner (e) and at the prescribed time express 
 their dissent from any tramway being so laid. 
 
 10. Every such provisional order shall specify the nature of the Nature of 
 traffic for which such tramway is to be used, and the tolls and charges traffic on 
 which may be demanded and taken by the promoters in respect of tramway and 
 the same, and shall contain such regulations relating to such traffic tolls to be 
 and such tolls and charges as the board of trade shall deem necessary specified in 
 and proper. Provisional 
 
 Order. 
 
 11. The costs of and connected with the preparation and making of Costs of 
 each provisional order shall be paid by the promoters, and the board Order, 
 of trade may require the promoters to give security for such costs 
 
 before they proceed with the provisional order. 
 
 12. After a provisional order is ready, and before the same is de- Promoters 
 livered by the board of trade, the promoters, unless they are a local to deposit 
 authority, shall within the prescribed time and in the prescribed *^ P^ r cen * - 
 manner, and subject to the prescribed conditions as to interest, repay- n m " 
 inent, or forfeiture, pay, as a deposit, into the prescribed bank, the 
 
 sum of money prescribed, which shall not be less than four pounds 
 per centum on the amount of the estimate by the promoters of the 
 expense of the construction of the tramway, or deposit in such bank 
 any security of the prescribed nature the then value of which is not 
 less than such sum of money. 
 
 13. When a provisional order has been made as aforesaid and Publication 
 delivered to the promoters, the promoters shall forthwith publish the of Provi- 
 same by deposit and advertisement, according to the regulations con- sional Order 
 tained in part four of the schedule (B. ) to this Act. ** 
 
 14. On proof to the satisfaction of the board of trade of the com- Confirma- 
 pletion of such publication as aforesaid, the board of trade shall, as turn of Pro- 
 
 .1 x ..-, .-,., _p .__ j r viRinnn.l 
 
 111 
 
 visional 
 Order by 
 Act of Par- 
 
 soon as they conveniently can after the expiration of seven days fro: 
 
 (c) See section 14. liamcnt. 
 
 (d) See interpretation of the term "road," section 3 supra. 
 
 (ej That'is, " prescribed by any rulea made in pursuance of this Act" : see 
 interpretation, section 3. See power of board of trade to make rules for 
 carrying Act into effect, section 64. 
 
 2 K 2
 
 500 
 
 APPENDIX. THE TKAMWAYS ACT, 1870. 
 
 Section 14, the completion of such publication, procure a bill to be introduced 
 ~ into either house of parliament in relation to any provisional order 
 
 which shall have been published as aforesaid not later than the 
 twenty-fifth of April in any year, for an Act to confirm the pro- 
 visional order, which shall be set out at length in the schedule to 
 " the bill ; and until confirmation, with or without amendment, by act 
 of parliament, a provisional order under this Act shall not have any 
 operation (a). 
 
 If while any such bill is pending in either house of parliament a 
 petition is presented against any provisional order comprised therein, 
 the bill, so far as it relates to the order petitioned against, may be re- 
 ferred to a select committee, and the petitioner shall be allowed to 
 appear and oppose as in the case of a bUl for a special Act. 
 
 The Act of parliament confirming a provisional order under this 
 Act, shall be deemed a public general Act. 
 
 15. The provisions of the Lands Clauses Act shall be incorporated 
 with eveiy provisional order under this Act, save where the same are 
 expressly varied or excepted by any such provisional order, and except 
 as to the following provisions, namely : 
 
 (1.) With respect to the purchase and taking of lands otherwise than 
 
 by agreement : 
 (2.) With respect to the entry upon lands by the promoters of the 
 
 undertaking. 
 
 For the purposes of such incorporation a provisional order under 
 this Act shall be deemed the special Act. 
 
 16. The board of trade on the application of any promoters em- 
 powered by a provisional order may from time to time revoke, 
 amend, extend, or vary such provisional order by a further provisional 
 order. 
 
 Every application for such further provisional order shall be made 
 in like manner and subject to the like conditions as the application 
 for the former provisional order. 
 
 Every such further provisional order shall be made and confirmed 
 in like manner in every respect as the former provisional order (ft) 
 and until such confirmation such further provisional order shall not 
 have any operation. 
 
 17. Subject and according to the provisions of this Act, the board 
 cations, sel 
 
 liicorpora- 
 tion of ge- 
 neral Acts in 
 Provisional 
 Order. 
 
 Tower of 
 Board of 
 Trade to 
 revoke, 
 amend, ex- 
 tend, or vary 
 Provisional 
 Order. 
 
 Power to 
 authorize 
 joint work. 
 
 of trade may, on a joint application, or on two or more separate appli- 
 cations, settle and make a provisional order empowering two or more 
 local authorities, respectively, jointly to construct the whole, or sepa- 
 
 . - ~v j j Viii - L '\7 wj-iowtwvw IMI^ v nuxu ? UJL BQLKT 
 
 lately to construct parts, of a tramway, and jointly or separately to 
 own the whole or parts thereof; and aU the provisions of this Act 
 which relate to the construction of tramways shall extend and apply 
 to the construction of the whole and separate parts of such tramway 
 as last aforesaid ; and the form of the provisional order may be adapted 
 to the circumstances of the case. 
 
 Swer^af ^- 18> A If tlie P romoters > empowered by any provisional order under 
 
 Sration *ll t0 make - ? . tramwa y' do not > within two years from the date 
 
 of prescrLd Ju ^ ^^ r W 1 lthm an y shorter P eriod Prescribed therein, complete 
 
 time. tramway and open it for public traffic ; or, 
 
 (a) As to validity of provisional order, see Edinburgh Street Tramways 
 Company v. Slack, L. E. 2 Sc. App. Cas. 336. 
 
 (b) See section 14 supra.
 
 83 & 34 VICT. c. 78, ss. 18, 19. 501 
 
 If within one year from the date of the provisional order, or within Section 18- 
 
 such shorter time as is prescribed in the same, the works are not 
 
 substantially commenced ; or, 
 If the works having been commenced are suspended without a 
 
 reason sufficient in the opinion of the board of trade to warrant 
 
 such suspension ; 
 
 the powers given by the provisional order to the promoters for con- 
 structing such tramway, executing such works, or otherwise in relation 
 thereto, shall cease to be exercised, except as to so much of the same 
 as is then completed, unless the time be prolonged by the special di- 
 rection of the board of trade ; and as to so much of the same as is then 
 completed the board of trade may allow the said powers to continue 
 and to be exercised if they shall think fit, but failing such permission 
 the same shall cease to be exercised, and where such permission is 
 withheld then so much of the said tramway as is then completed shall 
 be deemed to be a tramway to which all the provisions of this Act 
 relating to the discontinuance of tramways after proof of such discon- 
 tinuance shall apply, and may be dealt with accordingly. 
 
 A notice 
 London or 
 
 relates is situate in England or Scotland, to the effect that a tramway 
 has not been completed and opened for public traffic, or that the works 
 have not been substantially commenced, or that they have been sus- 
 pended without sufficient reason, shall be conclusive evidence for the 
 purposes of this section of such non-completion, non- commencement, 
 or suspension. 
 
 19. When a tramway has been completed under the authority of a Local autho- 
 provisional order by any local authority, or where any local authority rity may 
 nas under the provisions of this Act acquired possession of any tram- lease or take 
 way (c), such authority may, with the consent of the board of trade, toUs ' 
 and subject to the provisions of this Act, by lease, to be approved of 
 by the board of trade, demise to any person, persons, corporation, or 
 company the right of user by such person, persons, corporation, or 
 company of the tramway, and of demanding and taking in respect of 
 the same the tolls and charges authorized ; or such authority may 
 leave such tramway open to be used by the public, and may in respect 
 of such user demand and take the tolls and charges authorized ; 
 but nothing in this Act contained shall authorize any local autho- 
 rity to place or run carriages upon such tramway, and to demand 
 and take tolls and charges in respect of the use of such carriages. 
 
 Notice of the intention to make such lease shall be published by the 
 local authority by advertisement, and a copy of such lease shall be 
 deposited according to the regulations contained in Part I. of the 
 schedule (C.) to this Act annexed ; and unless such notice is given, 
 and such copy deposited, such lease shall not be approved of by the 
 board of trade. 
 
 Every such lease shall be made for a term or for terms not exceed- 
 ing in the whole twenty-one years. 
 
 On the determination of any lease made under this Act, the local 
 authority may from time to time, with the consent of the board of 
 trade, by lease, demise such rights for such further term or terms, 
 not exceeding in any case twenty-one years, as the said board may 
 approve. 
 
 Every such lease shall imply a condition of re-entry if at any time 
 
 (c) See provision for future purchase of tramways by local authorities 
 section 43.
 
 502 
 
 APPENDIX THE TEAMWAYS ACT, 1870. 
 
 How ex- 
 penses to be 
 defrayed. 
 
 Section 19, after the making of the same the lessees discontinue the working 01 
 the tramway leased, or of any part thereof, for the space of three 
 calendar months (such discontinuance not being occasioned by cir- 
 cumstances beyond the control of such lessees, for which purpose the 
 want of sufficient funds shall not be considered a circumstance beyond 
 their control). 
 
 The person, persons, corporation, or company to whom any such 
 lease may be made are in this Act referred to as " lessees." 
 
 20. Where the local authority in any district are the promoters of 
 any tramway, they shall pay all expenses incurred by them in apply- 
 ing for and obtaining a provisional order and carrying into effect the 
 purposes of such provisional order out of the local rate (a), and any 
 such expenses shall be deemed to be purposes for which such local 
 rate may be made, and to which the same may be applied. 
 
 Where the local rate is limited by law to a certain amount, and is 
 by reason of such limitation insufficient for the payment of sxich ex- 
 penses, the board of trade may, by the provisional order, extend the 
 limit of such local rate to such amount as they shall think fit, and 
 prescribe for the payment of such expenses. 
 
 Such local authority may, for the purposes of such provisional order, 
 borrow and take up at interest, on the credit of such local rate, any 
 sums of money necessary for defraying any such expenses ; and for the 
 purpose of securing the repayment of any sums so borrowed, together 
 with such interest as aforesaid, such local authority may mortgage to 
 the persons by or on behalf of whom such sums are advanced such 
 local rate ; but the exercise of the above-mentioned power shall be 
 subject to the following regulations : 
 
 (1.) The money so borrowed shall not exceed such sum as may be 
 
 sanctioned by the board of trade ; 
 
 (2.) The money may be borrowed for such time, not exceeding 
 thirty years, as such local authority, with the sanction of 
 the board of trade, shall determine ; and, subject as afore- 
 said to the repayment within thirty years, such local autho- 
 rity may^ either pay off the moneys so borrowed by equal 
 annual instalments, or they may in every year set apart as 
 a sinking fund, and accumulate in the way of compound 
 interest by investing the same in the purchase of exche- 
 quer bills or other government securities, such sum as 
 will be sufficient to pay off the moneys so borrowed, or a 
 part thereof, at such times as the local authority may de- 
 termine. 
 
 The provisions of " The Commissioners Clauses Act, 1847," with 
 respect to the mortgages to be executed by the Commissioners, shall 
 apply to any mortgage executed under the foregoing provisions of this 
 section, and for the purposes of such application the said provisions 
 shall be incorporated with this Act. 
 
 For the purposes of such incorporation, the terms " the special Act," 
 and " the commissioners," shall be construed to mean respectively a 
 provisional order under this Act, and the local authority. 
 
 Such local authority shall keep separate accounts of all moneys paid 
 by them in applying for, obtaining, and carrying into effect any such 
 provisional order, and in the repayment of moneys borrowed, and of 
 all moneys received by them by way of rent or tolls in respect of the 
 tramway axithorized thereby. 
 
 (a) In the metropolis (exclusive of the city of^London), the metropolitan 
 consolidated rate ; schedule A., Part I.
 
 33 & 34 VICT. c. 78, ss. 2025. 503 
 
 When, after payment of all charges incurred under the authority Section 20. 
 of this Act, and necessary for giving effect to such provisional order, 
 
 there shall be remaining in the hands of such local authority any of 
 the moneys received by them by way of rent or tolls in respect of the 
 tramway authorized by such provisional order, such moneys shall be 
 applied by them to the purposes for which the local rate may be by 
 them applied. 
 
 21. The metropolitan board of works may, in order to raise Metropolitan 
 money for the purpose of carrying into effect the purposes of any Board may, 
 provisional order obtained by them, create additional stock, not ex- for carrying 
 ceeding in the whole three hundred thousand pounds, under " The Provisional 
 Metropolitan Board of Works (Loans) Act, 1869," in like manner, Order into 
 and with the like sanction, in and with which they may create e ^ ec ^> create 
 stock in order to raise money for the purposes of the Acts mentioned 
 in the first schedule to that Act ; and all the provisions of that Act 
 shall apply as if that money were raised and that stock were created 
 for the purposes of the last-mentioned Acts, with the exception 
 that the money required for the purposes of any such provisional 
 order may be borrowed by them in addition to the sum limited 
 by section thirty-eight of "The Metropolitan Board of Works 
 (Loans) Act, 1869." 
 
 PART II. 
 
 Construction of Tramways. 
 
 22. Part II. and Part III. of this Act shall apply to every tramway As to incor- 
 which is hereafter authorized by any provisional order or Act of poration of 
 parliament, and shall be incorporated with such provisional order Parts II. and 
 or Act, and all the said provisions of this Act, save so far as they III. of this 
 shall be expressly varied or excepted by any such provisional order Act with 
 
 or Act, shall apply to the undertaking authorized thereby, so far as Provisional 
 the same shall be applicable to such undertaking, and shall, with Urder MM! 
 the provisions of every other Act or part of any Act which shall be S I 
 incorporated therewith, form part of the said provisional order or 
 Act, and be construed therewith as forming one provisional order or 
 Act, as the case may be. 
 
 23. In Part II. and Part III. of this Act, the term "special Act" "Special 
 shall be construed to mean any Act of parliament which shall be here- Act : " 
 after passed or any provisional order authorizing the construction of a 
 tramway, and with which the said parts of this Act shall be incor- 
 porated as aforesaid : 
 
 24. The term "the promoters " shall mean any person, persons, "Promoters." 
 corporation, company, or local authority authorized by special Act to 
 
 construct a tramway. 
 
 25. Every tramway which is hereafter authorized by special Act Mode of 
 shall' be constructed on such gauge as may be prescribed by such formation of 
 special Act, and if no gauge is thereby prescribed, on such gauge as tramways, 
 will admit of the use upon such tramways of carriages constructed
 
 APPENDIX. THE TBAMWAYS ACT, 1870. 
 
 for use upon railways of a gauge of four feet eight inches and half 
 an inch, and shall be laid and maintained in such manner that the 
 uppermost surface of the rail shall be on a level with the surface of 
 the road, and shall not be opened for public traffic until the same has 
 been inspected and certified to be fit for such traffic, in the prescribed 
 manner. 
 
 26. The promoters from time to time, for the purpose of making, 
 forming, laying down, maintaining, and renewing any tramway duly 
 authorized, or any part or parts thereof respectively, may open and 
 break up any road, subject to the following regulations : 
 
 1. They shall give to the road authority notice of their intention, 
 
 specifying the time at which they will begin to do so, and 
 the portion of road proposed to be opened or broken up, such 
 notice to be given seven days at least before the commencement 
 of the work (a) : 
 
 2. They shall not open, or break up, or alter the level of any 
 
 road, except under the superintendence and to the reasonable 
 satisfaction of the road authority, unless that authority 
 refuses or neglects to give such superintendence at the time 
 specified in the notice, or discontinues the same during the 
 work : 
 
 3. They shall pay all reasonable expenses to which the road autho- 
 
 rity is put on account of such superintendence (6) : 
 
 4. They shall not, without the consent of the road authority, open 
 
 01 break up at any one time a greater length than one hundred 
 yards of any road which does not exceed a quarter of a mile 
 in length, and in the case of any road exceeding a quarter of 
 a mile in length the promoters shall leave an interval of at 
 least a quarter of a mile between any two places at which they 
 may open or break up the road, and they shall not open or 
 break up at any such place a greater length than one hundred 
 yards. 
 
 Where the carriageway over any bridge forms part of or is a 
 road within the jurisdiction of a road authority, but such bridge is 
 vested in some person or persons, corporation, or company, distinct 
 from such road authority, any work which the promoters may be 
 empowered to construct, and which affects or in anywise interferes 
 with the structural works of such bridge, shall be constructed under 
 the superintendence (at the cost of the promoters) and to the reason- 
 able satisfaction of such person, persons, corporation, or company, 
 unless after notice to be given by the promoters seven days at least 
 before the commencement of such work such superintendence is 
 refused or withheld. 
 
 Where the carriageway in or upon which any tramway is proposed 
 to be formed or laid down is crossed by any railway or tramway OH 
 the level, any work which the promoters may be empowered to con- 
 struct, and which affects or in anywise interferes with such railway 
 
 (a) See case cited in note (6) infra. 
 
 (b) Where a tramway company, without any previous notice, on different 
 occasions lifted and relaid paving stones, and the surveyor of the plaintiffs, 
 the road authority, from time to time inspected and examined the work while 
 being done by the defendants ; held, that what the defendants had done 
 came under section 28 and not under this section, and the plaintiffs were not 
 entitled to be paid by the defendants the expenses of the superintendence : 
 Vestry of St. Lnke v. North Metropolitan Tramn-'t// Company, L. B. 1 
 Q. B. D. 760.
 
 83 & 34 VICT. c. 78, ss. 2628. 505 
 
 or tramway, or the traffic thereon, shall be constructed and maintained Section 26 
 
 under the superintendence (at the cost of the promoters) and to the 
 
 reasonable satisfaction of the person, corporation, or company owning 
 such railway or tramway, unless after notice to be given by the pro- 
 moters seven days at least before the commencement of such 
 work such superintendence is refused or withheld. 
 
 27. When the promoters have opened or broken up any portion of Completion 
 any road, they shall be under the following further obligations ; of works 
 namely, and rein- 
 
 1, They shall, with all convenient speed, and in all cases within statement 
 
 four weeks at the most (unless the road authority otherwise of roa &' 
 consents in writing) complete the work on account of which 
 they opened or broke up the same, and (subject to the forma- 
 tion, maintenance, or renewal of the tramway) fill in the 
 ground and make good the surface, and, to the satisfaction 
 of the road authority, restore the portion of the road to as 
 good condition as that in which it was before it was opened 
 or broken up, and clear away all surplus paving or metalling 
 material or rubbish occasioned thereby : 
 
 2, They shall in the meantime cause the place where the road is 
 
 opened or broken up to be fenced and watched, and to be 
 properly lighted at night : 
 
 3, They shall bear or pay all reasonable expenses of the repair of 
 
 the road for six months after the same is restored, as far as 
 
 those expenses are increased by the opening or breaking up. 
 
 If the promoters aforesaid fail to comply in any respect with the 
 
 provisions of the present section, they shall for every such offence 
 
 (without prejudice to the enforcement of specific performance of the 
 
 requirements of this Act or to any other remedy against them) be 
 
 liable to a penalty (c) not exceeding twenty pounds, and to a further 
 
 penalty not exceeding five pounds for each day during which any 
 
 such failure continues after the first clay on which such penalty is 
 
 incurred. 
 
 28. The promoters shall, at their own expense, at all times mam- Repair of 
 tain and keep in good condition and repair, with such materials and part of road 
 in such manner as the road authority shall direct, and to their satis- where tram- 
 faction, so much of any road whereon any tramway belonging to way is laid (rf). 
 them is laid as lies between the rails of the tramway and (where two 
 
 tramways are laid by the same promoters in any road at a distance 
 of not more than four feet from each other) the portion of the road 
 between the tramways, and in every case so much of the road as 
 extends eighteen inches beyond the rails of and on each side of any 
 such tramway. If the promoters abandon their undertaking, or any 
 part of the same, and take up any tramway or any part of any tram- 
 way belonging to them, they shall with all convenient speed, and in 
 all cases within six weeks at the most (unless the road authority 
 otherwise consents in writing) fill in the ground and make good the 
 surface, and, to the satisfaction of the road authority, restore the por- 
 
 (c) As to recovery of tolls, penalties and charges, see section 56. 
 
 (d) It was decided in the case of Murdoch v. London Street Tramways 
 Company, reported in the " Times," May 30th, 1879, that a penalty for non- 
 repair of a tramway could not be sued for by a private individual. See 
 Vestry of St. Liike v. The Metropolitan Tramways Company, cited in note 
 to section 26, supra.
 
 506 
 
 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 Road autho- 
 rity and pro- 
 moters may 
 contract for 
 paving roads 
 on which 
 tramways 
 are laid. 
 
 Provisions as 
 to gas and 
 water com- 
 panies. 
 
 Section 28. ^ion of the road upon which, such tramway was laid to as good a 
 condition as that in which it was before such tramway was laid 
 thereon, and clear away all surplus paving or metalling material or 
 rubbish occasioned by such work ; and they shall in the meantime 
 cause the place where the road is opened or broken up to be fenced 
 and watched, and to be properly lighted at night : Provided always, 
 that if the promoters fail to comply with the provisions of this section, 
 the road authority, if they think fit, may themselves at any time, 
 after seven days notice to the promoters, open and break up the road, 
 and do the works necessary for the repair and maintenance or restora- 
 tion of the road, to the extent in this section above mentioned, and 
 the expense incurred by the road authority in so doing shall be re- 
 paid to them by the promoters, 
 
 29. The road authority on the one hand and the promoters on the 
 other hand may from time to time enter into and carry into effect, 
 and from time to time alter, renew, or vary, contracts, agreements, or 
 arrangements with respect to the paving and keeping in repair of 
 the whole or any portion of the roadway of any road on which the 
 promoters shall lay any tramway, and the proportion to be paid by 
 either of them of the expense of such paving and keeping in repair. 
 
 30. For the purpose of making, forming, laying down, maintain- 
 ing, repairing, or renewing any of their tramways, the promoters may 
 from time to time, where and as far as it is necessary, or may appear 
 expedient for the purpose of preventing frequent interruption of the 
 traffic by repairs or works in connexion with the same, alter the 
 position of any mains or pipes for the supply of gas or water, or any 
 tube, wires, or apparatus for telegraphic or other purposes, subject to 
 the provisions of this Act, and also subject to the following restric- 
 tions ; (that is to say,) 
 
 1. Before laying down a tramway in a road in which any mains or 
 pipes, tubes, wires, or apparatus may be laid, the promoters 
 shall, whether they contemplate altering the position of any 
 such mains or pipes, wires, or apparatus, or not, give seven 
 days notice to the company, persons, or person to whom such 
 mains or pipes, tubes, wires, or apparatus may belong or by 
 whom they are controlled, of their intention to lay down or 
 alter the tramway, and shall at the same time deliver a plan 
 and section of the proposed work. If it should appear to any 
 such company or person that the construction of the tramway 
 as proposed would endanger any such main or pipe, tube, wire, 
 or apparatus, or interfere with or impede the supply of water 
 or gas or the telegraphic or other communication, such com- 
 pany or person (as the case may be) may give notice to the 
 promoters to lower or otherwise alter the position of the said 
 mains or pipes, tubes, wires, or apparatus in such manner as 
 may be considered necessary, and any difference as to the 
 necessity of any such lowering or alteration shall be settled in 
 manner provided by tliis Act for the settlement of differences 
 between the promoters and other companies or persons, and all 
 alterations to be made under this section shall be made with 
 as little detriment and inconvenience to the company or per- 
 son to whom such mains or pipes, tubes, wires, or apparatus 
 may belong, or by whom the same are controlled, or to 1 Ill- 
 inhabitants of the district, as the circumstances will admit, 
 and under the superintendence of such company or person or 
 of their surveyor or engineer if they or he think fit to attend,
 
 88 & 34 VICT. c. 78, ss. 80, 81. 507 
 
 after receiving not less than forty-eight hours notice for that Section 30 
 purpose, Avhich notice the promoters are hereby required to k 
 give: 
 
 2. The promoters shall not remove or displace any of the mains or 
 pipes, valves, syphons, plugs, tubes, wires, or apparatus, or 
 other works belonging to or controlled by any such company 
 or person, or do anything to impede the passage of water or 
 gas or the telegraphic or other communication into or through 
 such mains or pipes, without the consent of such company or 
 person, or in any other manner than such company or person 
 shall approve, until good and sufficient mains, pipes, valves, 
 syphons, plugs, and other works necessary or proper for con- 
 tinuing the supply of water or gas or telegraphic or other 
 communication, as sufficiently as the same was supplied by the 
 mains or pipes, tubes, wires, or apparatus proposed to be re- 
 moved or displaced, shall at the expense of the promoters 
 have been first made and laid down in lieu thereof and ready 
 for use, and to the satisfaction of the surveyor or engineer of such- 
 water or gas or other company, or of such person, or, in case 
 of disagreement between such surveyor or engineer and the 
 promoters, as an engineer appointed by the board of trade 
 shall direct : 
 
 4. The promoters shall not lay down any such pipes contrary to 
 the regulations of any act of parliament relating to such water 
 or gas or other company, or relating to telegraphs : 
 
 4. The promoters shall make good all damage done by them to 
 
 property belonging to or controlled by any such company or 
 person, and shall make full compensation to all parties for 
 any loss or damage which they may sustain by reason of any 
 interference Avith such property, or with the private service 
 pipes of any person supplied by any such company or person 
 with water or gas : 
 
 5. If by any such operations as aforesaid the promoters interrupt 
 
 the supply of water or gas in or through any main or main 
 pipe they shall be liable to a penalty not exceeding twenty 
 pounds for every day upon which such supply shall be so 
 interrupted. 
 
 31. Where in any district any tramway or any work connected For pro- 
 therewith interferes with any sewer, drain, watercourse, subway, tection of 
 defence, or work in such district, or in any way affects the sewerage sewers, &c. 
 or drainage of such district, the promoters shall not commence any 
 tramway or work until they shall have given to the proper authority 
 fourteen days previous notice in writing of their intention to com- 
 mence the same, by leaving such notice at the principal office of such 
 authority with all necessary particulars relating thereto, nor until 
 such authority shall have signified their approval of the same, unless 
 such authority do not signify their approval, disapproval, or other 
 directions within fourteen days after service of the said notice and 
 particulars as aforesaid, and the promoters shall comply with and 
 conform to all reasonable directions and regulations of the said au- 
 thority in the execution of the said works, and shall provide by new, 
 altered, or substituted works, in such manner as such authority shall 
 reasonably require, for the proper protection of and for preventing 
 injury or impediment to the sewers and works hereinbefore referred 
 to, by or by reason of the tramways, and shall save harmless the said 
 authority against all and every the expense to be occasioned thereby ; 
 and all such works shall be done under the direction, superintendence,
 
 Eights of 
 authorities 
 and com- 
 panies, &c. 
 to open 
 roads. 
 
 508 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 Section 31, and control of the engineer or other officer or officers of the said 
 authority, at the reasonable costs, charges, and expenses in all respects 
 of the promoters ; and when any new, altered, or substituted work 
 as aforesaid, or any works or defence connected therewith, shall be 
 completed by or at the costs, charges, or expenses of the promoters, 
 under the provisions of this Act, the same shall thereafter be as fully 
 and completely under the direction, jurisdiction, and control of the 
 said authority and be maintained by them as any sewers or works. 
 
 32. Nothing in this Act shall take away or abridge any power to 
 open or break up any road along or across which any tramway is 
 laid, or any other power vested in any local authority or road au- 
 thority for any of the purposes for which such authority is respec- 
 tively constituted, or in any company, body, or person for the 
 purpose of laying down, repairing, altering, or removing any pipe for 
 the supply of gas or water, or any tubes, wires, or apparatus for 
 telegraphic or other purposes, but in the exercise of such power every 
 such local authority, road authority, company, body, or person, shall 
 be subject to the following restrictions ; (that is to say,) 
 
 1. They shall cause as little detriment or inconvenience to the pro- 
 
 moters and lessees as circumstances admit : 
 
 2. Before they commence any work whereby the traffic on the 
 
 tramway will be interrupted they shall (except in cases of 
 urgency, in which cases no notice shall be necessary) give to 
 the promoters and lessees, if there be any, notice of their in- 
 tention to commence such work, specifying the time at which 
 they will begin to do so, such notice to be given eighteen 
 hours at least before the commencement of the work : 
 
 3. They shall not be liable to pay to the promoters or lessees any 
 
 compensation for injury done to the tramway by the execution 
 of such work, or for loss of traffic occasioned thereby, or for 
 the reasonable exercise of the powers so vested in them as 
 aforesaid : 
 
 4. Whenever for the purpose of enabling them to execute such 
 
 work the local authority or the road authority shall so require, 
 the promoters or lessees shall either stop traffic on the tram- 
 way to which the notice shall refer, where it would otherwise 
 interfere with such work, or shore up and secure the same at 
 their own risk and cost during the execution of the work 
 there : Provided that such work shall always be completed by 
 the local authority or the road authority, as the case may be, 
 with all reasonable expedition : 
 
 5. Any company, body, or person shall not execute such work so 
 
 far as it immediately affects the tramway except under the 
 superintendence of the promoters, unless they refuse or neglect 
 to give such superintendence at the time specified in the 
 notice for the commencement of the work or discontinue the 
 same during the progress of the work ; and they shall execute 
 such work at their own expense, and to the reasonable satis- 
 faction_ of the promoters : Provided that any additional ex- 
 pense imposed upon them by reason of the existence of the 
 tramway in any road or place where any such mains, pipes, 
 tubes, Avires, or apparatus shall have been laid before the con- 
 struction of such tramway shall be borne by the promoters. 
 
 Difference 33. If any difference arises between the promoters or lessees on the 
 
 between one hand and any local authority or road authority, or any gas or 
 
 promoters water company, or any company, body, or person to" whom any sewer,
 
 33 & 34 VICT. c. 78, ss. 3335. 509 
 
 drain, tube, wires, or apparatus for telegraphic or other purposes may Section 33. 
 belong, or any other company, on the other hand, with respect to 
 any interference or control exercised, or claimed to be exercised, by and road 
 them or him, or on their or his behalf, or by the promoters or lessees authority, 
 by virtue of this Act, in relation to any tramway or work, or in re- &c< 
 lation to any work or proceeding of the local authority, road au- 
 thority, body, company, or person, or with respect to the propriety of 
 or the mode of execution of any work relating to any tramway, or 
 with respect to the amount of any compensation to be made by or 
 to the promoters or lessees, or on the question whether any work is 
 such as ought reasonably to satisfy the local authority, road authority, 
 body, company, or person concerned, or with respect to any other 
 subject or thing regulated by or comprised in this Act, the matter in 
 difference shall (unless otherwise specially provided by this Act) be 
 .settled by an engineer or other fit person nominated (a) as referee by 
 the board of trade on the application of either party, and the expenses 
 of the reference shall be borne and paid as the referee directs. 
 
 PART III. 
 
 GENERAL PROVISIONS. 
 
 Carriages. 
 
 34. The promoters of tramways authorized by special Act and their rWer for 
 lessees may use on their tramways carriages with flange wheels or promoters to 
 wheels suitable only to run on the rail prescribed by such Act ; and, use tramways 
 subject to the provisions of such special Act and of this Act, the pro- with flange- 
 looters and their lessees shall have the exclusive use of their tramways wheeled car- 
 for carriages with flange wheels or other wheels suitable only to run riages, &c< 
 on the prescribed rail. 
 
 All carnages used on any tramway shall be moved by the power 
 prescribed by the special Act, and where no such power is prescribed, 
 by animal power only. 
 
 No carriage tised on any tramway which is hereafter authorized by 
 special Act shall extend beyond the outer edge of the wheels of such 
 carriage more than eleven inches on each side. 
 
 Licenses to use Tramiuays.] 
 
 35. If at any time after any tramway or part of any tramway shall Licenses to 
 have been for three years opened for public traffic in any district it use the traui- 
 shall be represented in writing to the board of trade by the local way may in 
 authority of such district or by twenty inhabitant ratepayers of such certain events 
 district, or by the road authority of any road in which such tramway be granted 
 
 or part of a tramway is laid, that the public are deprived of the full to i , . 
 
 benefit of the tramway, the board of trade may (if they consider P ar * es Y 
 
 that, primti facie, the case is one for inquiry) direct an inquiry by a , ie , oa 
 referee under this Act into the truth of the representation, and if the 
 
 See regulations as to enquiries before referee, section 63.
 
 510 
 
 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 Section 35. referee report that the truth of the representation has been proved to 
 his satisfaction, the board may from time to time grant licenses to 
 any company or person to use such tramway in addition to the pro- 
 moters or their lessees, for such traffic as is authorized by the special 
 Act, with carriages to be approved by the board, subject to the fol- 
 lowing provisions, conditions, and restrictions ; that is to say, 
 
 1. The license shall be for any period not less than one year nor 
 
 more than three years from the date of the license, but 
 shall be renewable by the board, if they upon inquiry think 
 tit : 
 
 2. The license shall be to iise the whole of such tramway for the 
 
 time being opened for public traffic, or such part or parts of 
 such tramway as the board, having reference to the cause for 
 granting the license, shall think right : 
 
 3. The license shall direct the number of carriages which the 
 
 licensee or licensees shall run upon such tramway, and the 
 mode in which and times at which such carriages shall be 
 run : 
 
 4. The licenses shall specify the tolls to be paid to the promoters 
 
 or to their lessees by the licensee or licensees for the use of the 
 tramways : 
 
 5. The licensee or licensees, and their officers and servants, shall 
 
 permit one person duly authorized for that purpose by the pro- 
 moters, or by their lessees, to ride free of charge in or upon each 
 carriage of the licensee or licensees ran upon the tramways for 
 the whole or any part of the journey : 
 
 6. The board of trade may at any time after the granting of any 
 
 license revoke, alter, or modify the same for good cause shown 
 to them. 
 
 In default of 
 payment of 
 tolls licensee's 
 carriages 
 may be 
 detained and 
 sold. 
 
 36. If on demand any licensee fail to pay the tolls due in respect 
 of any passengers carried in any carriage it shall be lawful for the 
 promoters or their lessees, to whom the same are payable, to detain 
 and sell such carriage, or if the same shall have been removed from 
 the tramway or premises of such promoters or lessees, to detain and 
 sell any other carriages on such tramway or premises belonging to 
 such licensee, and out of the moneys arising from such sale to 
 retain the tolls payable as aforesaid, and all charges and expenses 
 of such detention and sale, rendering the overplus (if any) of such 
 moneys and such of the carriages as shall remain unsold to the person 
 entitled thereto. 
 
 Licensees to 37. Every licensee shall on demand give to an officer or servant 
 give account authorized in that behalf by the promoters or their lessees entitled 
 of passengers to be paid tolls by such licensee, an exact account in writing signed 
 carried by by such licensee of the number of passengers conveyed by any and 
 every carriage used by him on the tramways. 
 
 them. 
 
 38. If any such licensee fails to give such account to such officer 
 or servant demanding the same as aforesaid, or if any such licensee 
 with intent to avoid the payment of any tolls gives a false accountj 
 he shall- for every such offence forfeit to the promoters, or to their 
 lessees entitled to be paid tolls by such licensee, a sum not exceed- 
 ing five pounds, and such penalty shall be in addition to any 
 tolls payable in respect of the passengers carried by any such 
 carriage. 
 
 Disputes as to 39. If any dispute arise concerning the amount of the tolls due to 
 
 Licensees not 
 giving 
 account of 
 passengers 
 carried liable 
 to penalty.
 
 33 & 34 VICT. c. 78, ss. 3941. 51 
 
 the promoters or to their lessees from any licensee, or concerning the Section 39. 
 charges occasioned by any detention or sale of any carriage under the 
 
 provisions herein contained, the same shall be settled in England by amoun * of 
 two justices, and in Scotland by the sheriff or two justices, and it I|i^, 
 shall be lawful for the promoters or their lessees in the meanwhile . ! 
 to detain the carriage, or (if the case so require) the proceeds of the J 
 sale thereof. 
 
 40. Every licensee shall be answerable for any trespass or damage Owners of 
 done by his carriages or horses, or by any of the servants or persons carriages 
 employed by him, to or upon the tramway, or to or upon the property liable for 
 of any other person, and, without prejudice to the right of action damage done 
 against the licensee or any other person, every such servant or other by their 
 person may lawfully be convicted of such trespass or damage in servants. 
 England before two justices, and in Scotland before the sheriff or two 
 justices, either by the confession of the party offending or 'by the 
 oath of some credible witness ; and upon such conviction every such 
 licensee shall pay to the promoters, lessees, or persons injured, as the 
 case may be, the damage, to be ascertained by such justices, so that 
 the same do not exceed fifty pounds. 
 
 Discontinuance of Tramways. 
 
 41. If at any time after the opening of any tramway in any district Tramways 
 for traffic the promoters discontinue the working of such tramway, or to be removed 
 of any part thereof, for the space of three calendar months (such dis- in certain 
 continuance not being occasioned by circumstances beyond the control cases, 
 of such promoters, for which purpose the want of sufficient funds shall 
 not be considered a circumstance beyond their control), and such dis- 
 continuance is proved to the satisfaction of the board of trade, the said 
 board, if they think fit, may by order declare that the powers of the 
 promoters in respect of such tramway or the part thereof so discon- 
 tinued shall, from the date of such order, be at an end, and thereupon 
 the said powers of the promoters shall cease and determine, unless the 
 same are purchased by the local authority in manner by this Act pro- 
 vided. Where any such order has been made, the road authority of 
 such district may at any time after the expirarion of two months from 
 the date of such order, under the authority of a certificate to that 
 effect by the board of trade, remove the tramway or part of the tram- 
 way so discontinued, and the promoters shall pay to the road authority 
 the cost of such removal and of the making good of the road by the 
 road authority, such cost to be certified by the clerk for the time 
 being, or by some other authorized officer of the road authority, whose 
 certificate shall be final and conclusive ; and if the promoters fail to 
 pay the amount so certified within one calendar month after delivery 
 to them of such certificate or a copy thereof, the road authority may, 
 without any previous notice to the promoters (but without prejudice 
 to any other remedy which they may have for the recovery of the 
 amount), sell and dispose of the materials of the tramway or part of 
 tramway removed, either by public auction or private sale, and for 
 such sum or sums, and to such person or persons, as the road, authority 
 may think fit, and may out of the proceeds of such sale pay and re- 
 imburse themselves the amount of the cost certified as aforesaid and 
 of the cost of sale, and the balance (if any) of the proceeds of the sale 
 shall be paid over by the road authority to the promoters.
 
 512 
 
 APPENDIX, THE TRAMWAYS ACT, 1870. 
 
 Section 42. 
 
 Proceedings 
 in case of 
 insolvency of 
 promoters. 
 
 Insolvency of Promoters. 
 
 42. If at any time after the opening of any tramway in any district. 
 for traffic, it appears to the local authority or the road Authority of 
 such district that the promoters of such tramway are insolvent, so 
 that they are unable to maintain such tramway, or work the same with 
 advantage to the public, and such road authority makes a representa- 
 tion to that effect to the board of trade, the board of trade may direct 
 an inquiry by a referee into the truth of the representation, and if 
 the referee shall find that the promoters are so insolvent as aforesaid, 
 the board of trade may, by order, declare that the powers of the pro- 
 moters shall, at the expiration of six calendar months from the making 
 of the order, bo at an end, and the powers of the promoters shall cease 
 and determine at the expiration of the said period, unless the same are 
 purchased by the local authority in manner by this Act provided ; and 
 thereupon such road authority may remove the tramway in like manner 
 and subject to the same provisions as to the payment of the costs of 
 such removal, and to the same remedy for recovery of such costs, 
 in every respect as in cases of removal under the next preceding 
 section. 
 
 Future pur- 
 chase of 
 undertaking 
 by local 
 authority. 
 
 PurcJiase of Tramways (a). 
 
 43. Where the promoters of a traimvay in any district are not the 
 local authority, the local authority, if," by resolution passed at a 
 special meeting of the members constituting such local authority, they 
 so decide, may within six calendar months after the expiration of a 
 period of twenty-one years from the time when such promoters were 
 empowered to construct such tramway, and within six months after 
 the expiration of every subsequent period of seven years, or within 
 three months after any order made by the board of trade under either 
 of the two iiext preceding sections, with the approval of the board ol 
 trade, by notice in writing require such promoters to sell, and there- 
 upon such promoters shall sell to them their undertaking, or so 
 much of the same as is within such district, upon terms of paying the 
 then value (exclusive of any allowance for past or future profits of the 
 imdertaking, or any compensation for compulsory sale, or other con- 
 sideration whatsoever) of the tramway, and all lands, buildings, 
 works, materials, and plant of the promoters suitable to and used by 
 them for the purposes of their undertaking within such district, such 
 Value to be in case of difference determined by an engineer or other 
 fit person nominated as referee by the board of trade on the applica- 
 tion of either party, and the expenses of the reference to be borne and 
 paid as the referee directs. And when any such sale has been made, 
 all the rights, powers, and authorities of such promoters in respect to 
 the undertaking sold, or where any order has been made by the board 
 of trade under either of the next preceding sections, all the rights, 
 powers, and authorities of such promoters previous to the making of 
 such order in respect to the undertaking sold, shall be transferred to, 
 vested in, and may be exercised by the authority to whom the same 
 has been sold, in like manner as if such tramway was constructed 
 by such authority under the powers conferred upon them by a pro- 
 
 fa) Sec power of purchase and sale with consent of board of trade, in 
 next section.
 
 33 & 34 VICT. c. 78, ss. 43, 44. 
 
 513 
 
 visional order under this Act, and in reference to the same they shall Section 43. 
 be deemed to be the promoters. 
 
 No such resolution shall be valid unless a month's previous notice of 
 the meeting, and of the purpose thereof, has been given in manner in 
 which notices of meetings of such local authority are usually given (6), 
 nor unless two thirds of the members constituting such local au- 
 thority are present and vote at the meeting, and a majority of those 
 present and voting concur in the resolution ; provided that if in 
 Scotland the local authority be the road trustees, it shall not be neces- 
 sary that two-thirds of such trustees shall be present at the meeting, 
 but the resolution shall not be valid unless two- thirds of the in embers 
 present vote in favour of such resolution, and unless the said resolu- 
 tion is confirmed in like manner at another meeting called as afore- 
 said and held not less than three weeks and not more than six weeks 
 thereafter ; and it shall be lawful for the chairman of any such meet- 
 ing, with the consent of a majority of the members present, to adjourn 
 the same from time to time. 
 
 The local authority in any district may pay the purchase money 
 and all expenses incurred by them in the purchase of any under- 
 taking under the authority of this section out of the like rate, and 
 shall have the like powers to borrow on the security of the same as 
 if such expenses were incurred in applying for, obtaining, and 
 carrying into effect any provisional order obtained by them under 
 this Act. 
 
 Where the local rate is limited by law to a certain amount, and is 
 by reason of such limitation insufficient for the payment of such 
 purchase money and expenses, the board of trade may by provisional 
 order extend the limit of such local rate to such amount as they shall 
 think fit and prescribe for the payment of such purchase money and 
 expenses. 
 
 Every such provisional order shall be confirmed in like manner as 
 a provisional order under the authority of Part I. of this Act, and 
 until such confirmation such provisional order shall not have any 
 operation. 
 
 Subject and according to the preceding provisions of this section 
 two or more local authorities may jointly purchase any undertaking 
 or so much of the same as is within their districts. 
 
 44. Where any tramway in any district has been opened for traffic Power of 
 for a period of six months the promoters may, with the consent of the sale, 
 board of trade, sell their undertaking to any person, persons, corpora- 
 tion, or company, or to the local authority of such district ; and when 
 any such sale has been made all the rights, powers, authorities, obliga- 
 tions, and liabilities of such promoters in respect to the undertaking 
 sold shall be transferred to, vested in, and may be exercised by, and 
 shall attach to the person, persons, corporation, company, or local 
 authority to whom the same has been sold, in like manner as if such 
 tramway was constructed by such person, persons, corporation, com- 
 pany, or local authority under the powers conferred upon them by 
 special Act, and in reference to the same they shall be deemed to be 
 the promoters. 
 
 Provided always, that a local authority shall not purchase any 
 undertaking under the provisions of this section unless they shall 
 decide to make such purchase by resolution passed at a special meet- 
 
 (&) As to notices of special meeting sec section 52 of Metropolis Man- 
 agement Act, 1855. 
 
 2 L
 
 APPENDIX. THE TKAMWAYS ACT, 1870. 
 
 ing of the members constituting such local authority, which resolution 
 shall be made in the same manner and shall be subject to the same 
 conditions as to validity as resolutions made in regard to the pur- 
 chases by the next preceding section authorized. 
 
 Where any purchase is made by any local authority under the 
 provisions of this section, such local authority may pay the pur- 
 chase money and all expenses incurred by them in making such 
 purchase out of the like funds, and for such purposes shall have 
 all and the like powers and be subject to all the like conditions as if 
 such purchase were made under the authority of the next preceding 
 section. 
 
 Tolk. 
 
 45. The promoters or lessees of a tramway authorized by special 
 Act may demand and take, in respect of such tramway, tolls and 
 charges not exceeding the sums specified in such special Act, subject 
 and according to the regulations therein specified. A list of all'the 
 tolls and charges authorized to be taken shall be exhibited in a con- 
 spicuous place inside and outside each of the carnages used upon the 
 tramways. 
 
 Bye-laifs. 
 
 46. Subject to the provisions of the special Act authorising any 
 tramway and this Act, 
 
 The local authority of any district in which the same is laid 
 down may, from time to time, make regulations as to the follow- 
 ing matters : 
 
 The rate of speed to be observed in travelling upon the tramway : 
 
 The distances at which carriages using the tramway shall be 
 allowed to follow one after the other :. 
 
 The stopping of carriages using the tramway : 
 
 The traffic on the road in which the tramway is laid. 
 
 The promoters of any tramway and their lessees may from time to 
 time make regulations, 
 
 For preventing the commission of any nuisance in or upon any 
 ^ carriage, or in or against any premises belonging to them : 
 
 For regulating the travelling in or upon any carriage belonging to 
 
 And for better enforcing the observance of all or any of such regula- 
 tions, it shall be lawful for such local authority and promoters 
 respectively to make bye-laws for all or any of the aforesaid pur- 
 poses, and from time to time repeal or alter such bye-laws, and make 
 new bye-laws, provided that such bye-laws be not repugnant to the 
 laws of that part of the United Kingdom where the same are to have 
 enect. 
 
 Notice of the making of any bye-law under the provisions of this 
 Act shall be published by the local authority or the promoters mak- 
 ing the same by advertisement, according to the regulations contained 
 in Tart II. of the schedule (C.) to this Act annexed, and unless such 
 notice is published in manner aforesaid such bye-law shall be dis- 
 allowed by the board of trade. 
 
 No such bye-law shall have any force or effect which shall be dis- 
 allowed by the board of trade within two calendar months after a 
 true copy of such bye- law shall have been laid before the board, and
 
 33 & 34 VICT. c. 78, ss. 4650. 
 
 515 
 
 a true copy of every such proposed Lye-law shall, not less than two Section 46. 
 calendar months before such bye-law shall come into operation, bo 
 sent to the board of trade, and shall be delivered to the promoters of 
 such tramway if the same was made by the local authority, and to 
 such local authority if made by the promoters. 
 
 47. An}' such bye-law may impose reasonable penalties for offences Penalties 
 against the same, not exceeding forty shillings for each offence, with may be 
 or without further penalties for continuing offences, not exceeding imposed iu 
 for any continuing offence ten shillings for every day during which bye-laws, 
 the offence continues (a) ; but all bye-laws shall be so framed as to 
 allow in every case part only of the maximum penalty being ordered 
 to be paid. 
 
 to license 
 drivers, 
 conductors, 
 &c. 
 
 48. The local authority shall have the like power of making and Power to 
 enforcing rules and regulations, and of granting licenses with respect local authority 
 to all carriages using the tramways, and to all drivers, conductors, and A ' 
 other persons having charge of or using the same, and to the stand- 
 ings for the same, as they are for the time being entitled to make, 
 enforce, and grant with respect to hackney carriages, and the drivers 
 and other persons having the charge thereof, and to the standings 
 for the same in the streets and district of or under the control of the 
 local authority : Provided always, that in any district in which any 
 of the powers aforesaid in relation to hackney carriages and the 
 matters aforesaid in connexion therewith are vested in any authority 
 other than the local authority of such district, such authority shall 
 have and may exercise the powers by this section conferred upon the 
 local authority, 
 
 Offences. 
 
 49. If any person wilfully obstructs any person acting under the Penalty for 
 
 authority of any promoters in the lawful exercise of their powers in obstruction 
 
 setting out or making, forming, laying down, repairing, or renewing of promo- 
 
 a tramway, or defaces or destroys any mark made for the purposes ters in lay- 
 
 of setting out the line of the tramway, or damages or destroys any ing out train - 
 
 property of the promoters, lessees, or licensees, he shall for every way. 
 such offence be liable to a penalty not exceeding five pounds. 
 
 60. If any person, without lawful excuse (the proof whereof shall Penalties f or 
 lie on him), wilfully does any of the following things ; (namely,) 
 
 Interferes with, removes, or alters any part of a traniwav or of the 
 
 _ * , , *,i * 
 
 works connected therewith ; 
 Places or throws any stones, dirt, wood, refuse, or other material on 
 
 any part of a tramway ; 
 
 Does or causes to be done anything in such manner as to obstruct 
 any carriage using a tramway, or to endanger the lives of persons 
 therein or thereon ; 
 
 Or knowingly aids or assists in the doing of any such thing ; 
 he shall for every such offence be liable (in addition to any proceed- 
 ings by way of indictment or otherwise to which he may be subject) 
 to a penalty not exceeding five pounds. 
 
 wilful injury 
 
 ." 
 
 tion to tiaiii- 
 wav c f a \ 
 ' * ' 
 
 (a) As to recovery of penalties, see section 56; 
 2L2
 
 516 
 
 Section 51. 
 
 Penalty on 
 passengers 
 practising 
 frauds on 
 the pro- 
 moters. 
 
 Transient 
 offenders.' 
 
 Penalty for 
 bringing 
 dangerous 
 goods ou the 
 tramway. 
 
 Penalty for 
 persons 
 using tram- 
 ways with 
 
 with flange 
 wheels, &c. 
 
 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 51. If any person travelling or having travelled in any carriage on 
 any tramway avoids or attempts to avoid payment of his fare, or if 
 any person having paid his fare for a certain distance knowingly and 
 wilfully proceeds in any such carriage beyond such distance, and 
 does not pay the additional fare for the additional distance, or 
 attempts to avoid payment thereof, or if any person knowingly and 
 wilfully refuses or neglects on arriving at the point to which he 
 has paid his fare to quit such carriage, every such person shall, 
 for every such offence, be liable to a penalty not exceeding forty 
 shillings. 
 
 52. It shall be lawful for any officer or servant of the promoters 
 or lessees of any tramway, and all persons called by him to his 
 assistance, to seize and detain any person discovered either in or 
 after committing or attempting to commit any such offence as in the 
 next preceding section is mentioned, and whose name or residence is 
 unknown to such officer or servant, until such person can be con- 
 veniently taken before a justice, or until he be otherwise discharged 
 by due course of law. 
 
 53. No person shall be entitled to cany or to require to be carried 
 on any tramway any goods which may be of a dangerous nature, and 
 if any person send by any tramway any such goods without dis- 
 tinctly marking their nature on the outside of the package contain- 
 ing the same, or otherwise giving notice in writing to the book- 
 keeper or other servant with whom the same are left at the time of 
 such sending, he shall be liable to a penalty not exceeding twenty 
 pounds for every such offence, and it shall be lawful for such pro- 
 moters or lessees to refuse to take any parcel that they may suspect 
 to contain goods of a dangerous nature, or require the same to be 
 opened to ascertain the fact. 
 
 54. If any person (except under a lease from or by agreement with 
 the promoters, or under license from the board of trade, as by this 
 Act provided), uses a tramway or any part thereof with carriages hav- 
 ing flange wheels or other wheels suitable only to run on the rail of 
 such tramway, such person shall for every such offence be liable to a 
 penalty not exceeding twenty pounds. 
 
 Miscellaneous. 
 
 Promoters c 
 lessees to 
 be respon- 
 sible for all 
 damages. 
 
 llecovery 
 of tolls, 
 penalties, 
 &c. (a) 
 
 55. The promoters or lessees, as the case may be, shall be answer- 
 able for all accidents, damages, and injuries happening through their 
 act or default, or through the act or default of any person in their 
 employment by reason or in consequence of any of their works or 
 carriages, and shall save harmless all road andjother authorities, com- 
 panies, or bodies, collectively and individually, and their officers and 
 servants, from all damages and costs in respect of such accidents, 
 damages, and injuries. 
 
 56. All tolls, penalties, and charges under this Act, or under any 
 bye-law made inpursuance of this Act, may be recovered and enforced 
 as follows ; in England before two justices of the peace in manner 
 directed by the Act of the session of the eleventh and twelfth years 
 
 (a) See case of Murdoch v. London Street Tramways Company, cited in 
 note to section 28, ante.
 
 83 & 34 VICT. c. 78, ss. 5663. 517 
 
 of the reign of Her present Majesty, chapter forty-three, intituled Section 56. 
 
 " An Act to facilitate the performance of the duties of the justices of 
 
 the peace out of sessions within England and Wales with respect to 
 
 summary convictions and orders," and any Act amending the same, 
 
 and in Scotland before the sheriff or two justices as penalties under 
 
 the Railways Clauses Consolidation (Scotland) Act, 1845. 
 
 57. Notwithstanding anything in this Act contained the promoters Right O f 
 of any tramway shall not acquire or be deemed to acquire any right user only, 
 other than that of user of any road along or across which they lay 
 
 any tramway, nor shall anything contained in this Act exempt the 
 promoters of any tramway laid along any turnpike road, or any 
 other person using such tramway, from the payment of such tolls 
 as may be levied in respect of the use of such road by the trustees 
 thereof. 
 
 58. The trustees of any turnpike road and the promoters of any Arrange- 
 tramway proposed to be laid or laid along the same may, with the meats 
 approval of the board of trade, enter into agreements with each other between turn- 
 for the payment of a composition to such trustees in respect of the pike road 
 user of such road for such tramway and the conveyance of traffic trustees and 
 thereon, and may with the same approval alter such agreement from promoters, 
 time to time. 
 
 59. Nothing in this Act shall limit or interfere with the rights of Reservation 
 any owner, lessee, or occupier of any mines or minerals lying under of rights of 
 or adjacent to any road along or across which any tramway shall be owners, &c., 
 laid to work such mines and minerals, nor shall any such owner, of mines, 
 lessee, or occupier be liable to make good or pay compensation for 
 
 any damage wnich may be occasioned to such tramway by the work- 
 ing in the usual and ordinary course of their mines or minerals. 
 
 60. Nothing in this Act shall take away or affect any power which Reserving 
 any road authority, or the owners, commissioners, undertakers, or powers 
 lessees of any railway, tramway, or inland navigation, may have by of street 
 law to widen, alter, divert, or improve any road, railway, tramway, authorities 
 or inland navigation. road 
 
 61. Nothing in this Act shall limit the powers of the local Power for 
 authority or police (6) in any district to regulate the passage of any local or 
 traffic along or across any road along or across which any tramways police au- 
 are laid down, and such authority or police may exercise their thorities to 
 authority as well on as off the tramway, and with respect as well regulate 
 to the traffic of the promoters or of lessees as to the traffic of other traffic in 
 
 persons. 
 
 roads. 
 
 62. Nothing in this Act or in any bye-law made under this Act Reservation 
 shall take away or abridge the right of the public to pass along or of right of 
 across every or any part of any road along or across which any tram- public to 
 way is laid, whether on or off the tramway, with, carriages not e roads, 
 having flange wheels or wheels suitable only to run on the rail of the 
 tramway. 
 
 63. Every inquiry which by this Act the board of trade are Regulating 
 empowered to make or direct shall be made in accordance with the inquiries 
 following provisions : betbre 
 
 (J) See 2 & 3 Viet. c. 47 (Metropolitan Police), ss. 52 and 53 as to 
 powers of commissioner of police with respect to traffic in streets, and the 
 Metropolitan Streets Act, 1867.
 
 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 1. The inquiry shall be held in public before an officer to be 
 
 appointed in that behalf by the board, hereinafter called the 
 referee, and whose appointment shall be by writing, which 
 shall specify all the matters referred to him : 
 
 2. Ten days notice at the least shall be given by the referee to the 
 
 parties upon whose representation the board of trade shall 
 have directed the inquiry, of the time and place at which the 
 inquiry is to be commenced : 
 
 3. The inquiry shall be commenced at the time and place so 
 
 appointed, and the referee may adjourn the inquiry from time 
 to time as may be necessary to such time and place as he may 
 think fit : 
 
 4. The referee by summons shall, on the application of any party 
 
 interested in the inquiry, require the attendance before him- 
 self, at a place and time to be mentioned in the summons, 
 of any person to be examined as a witness before him, and 
 every person summoned shall attend the referee, and answer 
 all questions touching the matter to be inquired into, and any 
 person who wilfully disobeys any such summons or refuses to 
 answer any question put to him by such referee for the pur- 
 poses of the said inqixiry shall be liable to a penalty not 
 exceeding five pounds : Provided always, that no person shall 
 be required to attend in obedience to any such summons 
 xrnless the reasonable charges of his attendance shall have been 
 paid or tendered to him, and no person shall be required in 
 any case in obedience to any such summons to travel more 
 than ten miles from his place of abode : 
 
 . 5. The referee may and shall administer an oath, or an affirmation 
 where an affirmation in lieu of an oath would be admitted in 
 a court of justice, to any person tendered or summoned as a 
 witness on the inquiry : 
 
 6. Any person who upon oath or affirmation wilfully gives false 
 
 evidence before the referee shall be deemed guilty of 
 perjury: 
 
 7. The referee shall make his report to the board of trade in writ- 
 
 ing, and shall deliver copies of the report upon request to all 
 or any of the parties to the inquiry. 
 
 64. The board of trade may from time to time make, and, when 
 made, may rescind, annul, or add to, rules with respect to the follow- 
 ing matters : 
 
 1. The proceedings to be had before the board under this Act : 
 
 2. The payment of money or lodgment of securities by way of 
 
 deposits, the repayment and forfeiture of the same, the invest- 
 ment of the same, the amount and payment of interest or 
 dividends from time to time accruing due on such deposits : 
 
 3. The plans and sections of any works to be deposited by pro- 
 
 moters under this Act : 
 
 4. As to any other matter or thing in respect of which it may be 
 
 expedient to make rules for the purpose of carrying this Act 
 into execution. 
 
 Any rules made in pursuance of this section shall be deemed to be 
 within the powers conferred by this Act, and shall be of the same 
 force as if enacted in this Act, and shall be judicially noticed. 
 
 Any rules made in pursuance of this section shall be laid before 
 parliament within three weeks after they are made, if parliament be 
 then sitting, and if parliament be not then sitting, within three 
 weeks after the beginning of the then next session of parliament.
 
 83 & 34 VICT. c. 78, SCHED. A, 
 
 SCHEDULE A, 
 
 PART i. 
 
 Districts of Local 
 Authorities. 
 
 Description of Local Au- 
 thority of District set 
 opposite its Name. 
 
 The L.ocal Bate. 
 
 ENGLAITD AND WALES. 
 
 The city of London and 
 
 The Mayor, Aldermen, 
 
 The consolidated sewers 
 
 the liberties thereof. 
 
 and Commons of the 
 
 rate. 
 
 
 City of London. 
 
 
 The metropolis (1.) - . 
 
 The Metropolitan Board 
 
 The metropolitan con- 
 
 
 of Works. 
 
 solidated rate. 
 
 Boroughs (2.) - 
 
 The mayor, aldermen, 
 
 The borough fund or 
 
 
 and burgesses, acting 
 by the council. 
 
 other property appli- 
 cable to the purposes 
 
 
 
 of a borough rate, or 
 
 
 
 the borough rate. 
 
 Any place not included in 
 
 The commissioners, 
 
 Any rate leviable by 
 
 the above descriptions, 
 
 trustees, or other per- 
 
 such commissioners, 
 
 and under the jurisdic- 
 tion of commissioners, 
 
 sons intrusted by the 
 LocalAct with powers 
 
 trustees, or other 
 persons, or other 
 
 trustees, or other per- 
 sons intrusted by any 
 
 of improving, cleans- 
 sing, or paving the 
 
 funds applicable by 
 them to the purposes 
 
 Local Act with powers 
 
 town. 
 
 of improving, cleans- 
 
 of improving, cleans- 
 
 
 ing, or paving the 
 
 ing, or paving any 
 
 
 town. 
 
 town. 
 
 
 
 Any place not included 
 
 The local board. 
 
 General district rate. 
 
 in the above descrip- 
 
 
 
 tions, and within the 
 
 
 
 jurisdiction of local 
 
 
 
 board constituted in 
 
 
 
 pursuance of the Public 
 
 
 
 Health Act, 1848, and 
 
 
 
 the Local Government 
 
 
 
 Act, 1858, or one of 
 
 
 
 such Acts. 
 
 
 
 Any place or parish not 
 
 The vestry, select ves- 
 
 The poor rate. 
 
 within the above de- 
 
 try, or other body of 
 
 
 scriptions, and in which 
 
 persons, acting by 
 
 
 a rate is levied for the 
 
 virtue of any Act of 
 
 
 maintenance of the 
 
 parliament, prescrip- 
 
 
 poor, 
 
 tion, custom, or other- 
 
 
 
 wise, as or instead 
 
 
 
 of a vestry or select 
 
 
 
 vestry. 
 
 
 Notes. 
 
 (I.) "The metropolis" shall include all parishes and places in which the 
 Metropolitan Board of Works have power to levy a main drainage rate, 
 except the city of London and the liberties thereof. 
 
 (2.) " Borough" shall mean any place for the time being subject to an Act 
 passed in the session holden in the fifth and sixth years of the reign of 
 King William the Fourth, chapter seventy-six, intituled " An Act to provide 
 for the Regulation of Municipal Corporations in England and Wales."
 
 520 
 
 APPENDIX, THE TKAMWAYS ACT, 1870. 
 
 Sched. A, 
 
 Districts of Local 
 Authorities. 
 
 Description of Local Au- 
 thority of District set 
 opposite its Name. 
 
 The Local Rate. 
 
 SCOTLAND. 
 
 Places within the juris- 
 diction of any town 
 conncil, and not sub- 
 ject to the separate 
 'jurisdiction of police 
 commissioners or 
 trustees. 
 
 In places within the juris- 
 diction of police com- 
 missioners or trustees 
 exercising the func- 
 tions of police com- 
 missioners under any 
 general or local Act. 
 
 In any parish or part 
 thereof over which the 
 jurisdiction of a town 
 council or of police 
 commissioners or 
 trustees exercising the 
 functions of police 
 commissioners does not 
 extend. 
 
 The town council. 
 
 The police commis- 
 sioners or trustees. 
 
 The road trustees hav- 
 ing the management 
 of any road on which 
 a tramway is pro- 
 posed to be con- 
 structed. 
 
 The prison 
 
 ment or police as- 
 sessment, as the 
 local authority 
 shall resolve. 
 
 The tolls, duties, and 
 assessments leviable 
 by the road trustees. 
 
 PART II. 
 
 
 Districts of Road 
 Authorities. 
 
 Description of Road Au- 
 thority of Districts set 
 opposite its Name. 
 
 
 
 Parishes within the me- 
 
 The vestries appointed 
 
 
 
 tropolis (1.) mentioned 
 in schedule (A.) to the 
 
 for the purposes of the 
 Metropolis Manage- 
 
 
 
 Metropolis Manage- 
 
 ment Act, 1855. 
 
 
 
 ment Act, 1855. 
 
 
 
 
 Districts within the me- 
 
 The'board of works for 
 
 
 
 tropolis (1.) formed by 
 the union of the 
 
 the district appointed 
 for the purpose of the 
 
 
 
 parishes mentioned in 
 
 Metropolis Manage- 
 
 
 
 schedule (B.) to the 
 
 ment Act, 1855. 
 
 
 
 Metropolis Manage- 
 
 
 
 
 ment Act, 1855. 
 
 
 
 Note. 
 
 (1.) The term "metropolis" has 
 Parti, of the schedule, 
 
 part the same meaning as in
 
 33 & 34 Vicx. c. 78, SCHEDS. A., B. 521 
 
 Sched, A, 
 
 PART III. 
 
 Approval of Application by Local Authority for a Provisional Order. 
 
 The approval of any intended application for a Provisional Order 
 by a local authority shall be in manner following ; that is to say, 
 
 A resolution approving of the intention to make such application 
 shall be passed at a special meeting of the members constituting 
 such local authority. 
 
 Such special meeting shall not be held unless a month's previous 
 notice of the same, and of the purpose thereof, has been given in 
 manner in which notices of meeting of such local authority are 
 iisually given, (a) 
 
 Such resolution shall not be passed unless two thirds of the mem- 
 bers constituting such local authority are present and vote at 
 such special meeting and a majority of those present and voting 
 concur in the resolution ; provided that if in Scotland the local 
 authority be the road trustees, it shall not be necessary that two 
 thirds of such trustees shall be present at the meeting, but the 
 resolution shall not be valid unless two thirds of the members 
 present vote in favour of such resolution, and unless the said 
 resolution is confirmed in like manner at another meeting called 
 as aforesaid and held not less than three weeks and not more 
 than six weeks thereafter. Where any such resolution relating 
 to the metropolis as the same is defined in Part I. of this sche- 
 dule, or to any district in Scotland of which road trustees are the 
 local authority, has been passed in manner aforesaid, the intended 
 application to which such resolution relates shall be deemed to be 
 approved. 
 
 SCHEDULE B. 
 
 PROVISIONAL ORDERS. 
 PART I. 
 
 Advertisement in October or November of intended application. 
 (1.) Every advertisement is to contain the following particulars : 
 
 1. The objects of the intended application. 
 
 2. A general description of the nature of the proposed works, 
 
 if any. 
 
 3. The names of the townlands, parishes, townships, and extra- 
 
 (a) See section 52 of Metropolis Management Act, 1855, as to notices of 
 special meeting. That directs two clear days previous notice, whereas this 
 provision requires a month's previous notice of the meeting.
 
 522 APPENDIX. THE TRAMWAYS ACT, 1870. 
 
 Schecl. B. parochial places in which the proposed works, if any, 
 will be made. 
 
 4. The times and places at which the deposit under Part II. of 
 
 this schedule will be made. 
 
 5. An office, either in London or at the place to which the 
 
 intended application relates, at which printed copies of 
 the draft provisional order, when deposited, and of the 
 provisional order, when made, will be obtainable as herein- 
 after provided. 
 
 (2.) The whole notice is to be included in one advertisement, 
 which is to be headed with a short title descriptive of the 
 undertaking. 
 
 (3.) The advertisement is to be inserted once at least in each of 
 two successive weeks in some one and the same newspaper 
 published in the district affected by the proposed under- 
 taking, where the proposed works (if any) will be made ; or 
 if there be no such newspaper, then in some one and the 
 same newspaper published in the county in which every 
 such district, or some part thereof, is situate ; or if there 
 be none, then in some one and the same newspaper pub- 
 lished in some adjoining or neighbouring county. 
 
 PART II. 
 
 Deposit on or before 30th November. 
 
 (1.) The promoters are to deposit 
 
 1. A copy of the advertisement published by them. 
 
 2. A proper plan and section of the proposed works, if any, such 
 
 plan and section to be prepared according to such regu- 
 lations as may from time to time be made by the board 
 of trade in that behalf. 
 
 (2.) The documents aforesaid are to be deposited for public in- 
 spection 
 
 In England, in the office of the clerk of the peace for every 
 county, riding, or division, and of the parish clerk of 
 every parish and the office of the local authority of every 
 district in or through which any such undertaking is 
 proposed to be made ; in Scotland, in the office of the 
 principal sheriff clerk for every county, district, or division 
 which will be affected by the proposed undertaking, or in 
 which any proposed new work will be made. 
 
 (3.) The documents aforesaid are also to be deposited at the office 
 of the board of trade. 
 
 PART III. 
 
 Deposit on or before 23rd December. 
 (1.) The promoters are to deposit at the office of the board of 
 
 1. A memorial signed by the promoters, headed with a short 
 title descriptive of the undertaking (corresponding with
 
 33 & 34 VICT. c. 78, SCHED, B. 523 
 
 that at the head of the advertisement), addressed to the Sched. B. 
 board of trade, and praying for a provisional order, 
 
 2. A printed draft of the provisional order as proposed by the 
 
 promoters, with any schedule referred to therein. 
 
 3. An estimate of the expense of the proposed works, if any, 
 
 signed by the persons making the same. 
 
 (2.) They are also to deposit a sufficient number of such printed 
 copies at the office named in that behalf in the advertise- 
 ment ; such copies to be there furnished to all persons ap- 
 plying for them at the price of not more than one shilling 
 each. 
 
 (3.) The memorial of the promoters (to be written on foolscap 
 paper, bookwise, with quarter margin) is to be in the follow- 
 ing form, with such variations as circumstances require : 
 
 [Short title of undertaking.'] 
 To the board of trade, 
 
 The memorial of the promoters of [sliort title of undertaking] : 
 Showeth as follows ; 
 
 1. Your memorialists have published, in accordance with the 
 
 requirements of the Tramways Act, 1870, the following adver- 
 tisement : 
 
 [Here advertisement to be set out verbatim.~\ 
 
 2. Your memorialists have also deposited, in accordance with the 
 
 requirements of the said Act, copies of the said advertisement 
 and \liere state deposit oftJte several matters required oy Act.~\ 
 Your memorialists, therefore, pray that a provisional 
 order may be made in the terms of the draft pro- 
 posed by your memorialists, or in such other terms 
 as may seem meet. 
 
 A.S. 
 C.D. 
 
 Promoters. 
 
 PART IV. 
 
 Deposit and advertisement of Provisional Order when made. 
 
 (1.) The promoters are to deposit printed copies of the provi- 
 sional order, when settled and made, for public inspection 
 in the offices of clerks of the peace and sheriff clerks, where 
 the documents required to be deposited by them under 
 Part II. of this schedule were deposited. 
 
 (2.) They are also to deposit a sufficient number of such printed 
 copies at the office named in that behalf in the advertise- 
 ment, such copies to be there furnished to all persons apply- 
 ing for them at the price of not more than 
 each. 
 
 (3.) They are also to publish the provisional order as an adver- 
 tisement once in the local newspaper in which the original 
 advertisement of the intended application was published, 
 or, in case the same shall no longer be published, in some 
 otlier newspaper published in the district.
 
 524 APPENDIX, THE TRAMWAYS ACT, 1870. 
 
 Sched. C, 
 
 SCHEDULE C. 
 
 PART I. 
 
 Notice and Deposit of Lease by Local Authority. 
 
 One month before any lease is submitted to the board of trade, 
 notice of the intention to make such lease shall be given by adver- 
 tisement. 
 
 (1.) Every advertisement is to contain 
 
 1. The term of the lease. 
 
 2. The rent reserved. 
 
 3. A general description of the covenants and conditions con- 
 
 tained therein. 
 
 4. The place where the same is deposited for public inspection. 
 (2.) The advertisement is to be inserted once at least in each of 
 
 two successive weeks in some one and the same newspaper 
 published in the district affected by the proposed lease ; or 
 if there be no such newspaper, then in some one and the 
 same newspaper published in the county in which such dis- 
 trict, or some part thereof, is situate ; or if there be none, 
 then in some one and the same newspaper published in some 
 adjoining or neighbouring county. 
 
 (3.) The advertisement is also, in every case, to be inserted once at 
 least in the London or Edinburgh Gazette, accordingly as 
 the district to which it relates is situate in England or Scot- 
 land. 
 
 Deposit. 
 
 A copy of such lease shall be deposited for public inspection during 
 office hours at the office of the local authority or at some other con- 
 venient place within the district to which such lease relates. 
 
 PART II. 
 
 Notice of Bye-laws. 
 
 Within one month after the making of any bye-law notice of the 
 making of the same, and a copy of such bye-law, shall be published 
 by advertisement in manner following : 
 
 (1.) The advertisement is to be inserted once at least in each of 
 two successive weeks in some one and the same newspaper 
 published in the district affected by such bye-law ; or if 
 there be no such newspaper, then in some one and the same 
 newspaper published in the county in which such district, 
 or some part thereof, is situate ; or if there be none, then in 
 some one and the same newspaper published in some adjoin- 
 ing or neighbouring county. 
 
 (2.) The advertisement is also, in every case, to be inserted once at 
 least in the London or Edinburgh Gazette, accordingly as 
 the district to which it relates is situate in England or Scot- 
 land.
 
 AN ACT 
 
 FOR FURTHER REGULATING THE USE OF LOCOMO- 
 TIVES ON TURNPIKE AND OTHER ROADS FOR 
 AGRICULTURAL AND OTHER PURPOSES. 
 
 28 & 29 VICT. CAP. 83. 
 
 STH JULY, 1865. 
 
 WHEREAS by the " Locomotives Act, 1861," certain provision was 24 & 25 Viet, 
 made for regulating the use of locomotives on turnpike and other c. 70. 
 roads, and it is expedient that further and fuller provision should be 
 made for that object : Be it therefore enacted by the Queen's most 
 Excellent Majesty, by and with the advice and consent of the 
 Lords spiritual and temporal, and Commons, in this present par- 
 liament assembled, and by the authority of the same, as follows : 
 
 1. This Act shall not come into operation till the first day of Sep- Commence- 
 tember, one thousand eight hundred and sixty-five, which day is inent of Act. 
 hereinafter referred to as the commencement of the Act, and shall 
 
 cease and determine on the first of September; one thousand eight 
 hundred and sixty-seven (a). 
 
 2. After the commencement of this Act, and so long as the same Certain 
 shall continue in force, the fifth, ninth, eleventh, and fifteenth sec- sections of 
 tions of the said recited Act, and all orders made in pursuance of the ^4 & 2o Viet. 
 
 said fifth section, are hereby repealed. c - 7 ' ,.. 
 
 repealed (J). 
 
 (a) This Act is amended by the Highways and Locomotives Amendment 
 Act, 1878, and the recited Act, the Locomotives Act, 1861, was continued by 
 the Temporary Laws Continuance Acts, by the last of which, the 41 & 42 
 Viet. c. 70, this (the 28 & 29 Viet. c. 83), was, so far as it is not repealed, 
 continued till 31st December, 1879. 
 
 It was held under 24 & 25 Viet. c. 70, s. 3, that no shoes or bearing sur- 
 face complied with the Act unless similar to the tires prescribed, viz., 
 uniform smooth surface bands, nine inches at least wide round the whole 
 circumference, and that these bands must be continuous (save in so far as 
 the joints might render perfect continuity impossible) ; Body v. Jeffery, 
 L. R. 3 Ex. D. 95; following Stringer v. Sykes, L. R. 2 Ex. D. 240. See 
 judgment of Hawkins, J., in firstly-cited case, referring to provisions 
 respecting the gauge of wheels, &c., in Turnpike Acts. 
 
 (b) The 5th section provides for the discontinuance of the use of certain
 
 526 
 Section 3. 
 
 Rules for the 
 manner of 
 working 
 locomotives 
 on turnpike 
 roads and 
 highways 
 ;is herein 
 stated. 
 
 APPENDIX. THE LOCOMOTIVES ACT, 1865. 
 
 Penalty on 
 non-coin- 
 pliance with 
 rules. 
 
 Limit of 
 speed of 
 locomotives 
 
 . Every locomotive propelled by steam or any otner uian anm 
 rer on aiiy turnpike road or public highway shall be worl 
 mling to the following rules and regulations ; viz.: 
 i'irstly, at least three persons shall be employed to drive 
 
 3. Every locomotive propelled by steam or any other than animal 
 power on anv timmike road or public highway shall be worked 
 according to 
 
 Firstly , 
 
 conduct such locomotive, and if more than two waggons or 
 carriages be attached thereto, an additional person shall be 
 employed, who shall take charge of such waggons or carriages: 
 
 Secondly (a), one of such persons, Avliile any locomotive is in motion, 
 shall precede such locomotive on foot by not less than sixty yard*, 
 and shall cany a red flag constantly displayed, and shall warn 
 the riders and drivers of horses of the approach of such locomo- 
 tives, and shall signal the driver thereof when it shall be neces- 
 sary to stop, and shall assist horses, and carriages drawn by horses, 
 passing the same (6) : 
 
 Thirdly, the drivers of such locomotives shall give as much space 
 as possible for the passing of other traffic : 
 
 Fourthly, the whistle of such locomotive shall not be sounded for 
 any purpose whatever ; nor shall the cylinder taps be opened 
 within sight of any person riding, driving, leading, or in charge 
 of a horse upon the road ; nor shall the steam be allowed to 
 attain a pressure such as to exceed the limit fixed by the safety- 
 valve, so that no steam shall blow off when the locomotive is 
 upon the road : 
 
 Fifthly, every such locomotive shall be instantly stopped, on the 
 person preceding the same, or any other person with a horse, or 
 carriage drawn by a horse, putting up his hand as a signal to 
 require such locomotive to be stopped. 
 
 Sixthly, any person in charge of any such lococoinotive shall pro- 
 vide two efficient lights to be affixed conspicuously, one at each 
 side on the front of the same, between the hours of one hour 
 after sunset and one hour before sunrise : 
 
 In the event of a non-compliance with any of the provisions of this 
 section, the owner of the locomotive shall, on summary conviction 
 thereof before two justices, be liable to a penalty not exceeding ten 
 
 Cnds ; but it shall be lawful for such owner, on proving that he 
 incurred such penalty by reason of the negligence or wilful de- 
 fault of any person in charge of or in attendance on such locomotive, 
 to recover summarily from such person the Avhole or any part of the 
 penalty he may have incurred as owner. 
 
 4. Subject and without prejudice to the regulations hereinafter 
 authorized to be made by local authorities (c), it shall not be lawful 
 to drive any such locomotive along any turnpike road or public 
 
 locomotives on roads if they cause excessive wear and tear of the highways, 
 or are dangerous or inconvenient to the public. 
 
 The 9th section provides for the regulation of locomotives on roads. 
 
 The llth section regulates the speed at which locomotives are to travel 
 on roads. 
 
 The 15th section extends the Act to Great Britain. 
 
 (a) This section is, so far as relates to England, repealed by the High- 
 ways and Locomotives Amendment Act, 1878. See substituted provision, 
 post. 
 
 (b) This section is not the less complied with because such person, whilst 
 preceding the locomotive on foot, leads a horse and cart of his own : Davis 
 v. Browne, 48 L. J. M. C. 92. 
 
 (c) See definition of local authorities, and as to their power to make 
 orders as to the hours at which locomotives are to pass through places 
 subject to their jurisdiction, and other things, in section 8.
 
 28 & 29 VICT. c. 88, ss, 48. 527 
 
 highway 'at a greater speed than four miles an hour, or through Section 4. 
 any city, town, or village at a greater speed than two miles an hour ; 
 
 and any person acting contrary thereto shall for every such offence, on turnpike 
 
 on summary conviction thereof, forfeit any sum not exceeding ten J*oads an< * 
 
 pounds. \*&y*. 
 
 5. (d) Subject to the provisions of this Act, any locomotive which Size and 
 shall not exceed nine feet in width or fourteen tons in weight may be weight of 
 used on any i turnpike road or public highway, provided that the locomotives 
 wheels of such locomotive be constructed according to the requirements which may 
 of the said recited Act ; and no locomotive exceeding nine feet in be used, 
 width or fourteen tons in weight shall be used on any such road, 
 
 except subject to the provisions contained in the third section of the 
 said Act as to the use of locomotives exceeding seven feet in width 
 and twelve tons in weight. 
 
 6. Any provision in any Act(e) contained prohibiting, under penalty, Restrictions 
 the erection and use of any steam engine, gin, or other like machine, as to the use 
 or any machinery attached thereto, within the distance of twenty-five of steam 
 yards from any part of any turnpike road, highway, carriageway, or engines 
 cartway, unless such steam engine, gin, or other like engine or ma- within 
 chinery be within some house or other building, or behind some wall, twenty-five 
 fence, or screen sufficient to conceal or screen the same from such yar ds * 
 turnpike road, highway, carriageway or cartway, shall not extend to roac | s not 
 prohibit the use of any locomotive steam engine for the purpose of ^P p y ?. . 
 ploughing within such distance of any such turnpike road, highway, used for 
 carriageway, or cartway, provided a person shall be stationed in the 
 
 road, and employed to signal the driver when it shall be necessary to 
 stop, and to assist horses, and carriages drawn by horses, passing 
 the same, and provided the driver of the engine do stop in proper 
 time. 
 
 7. The name and residence of the owner of every locomotive shall Name and 
 
 be affixed thereto in a conspicuous manner. If it is not so affixed residence 
 
 the owner shall, on summary conviction, be liable to a penalty not of owner 
 
 exceeding two pounds. 
 
 to be affixed 
 
 to locomo- 
 tives. 
 8. (/) The following local authorities ; (that is to say,) Powcr to 
 
 1. In the city of London and liberties thereof, the court of the i oca \ 
 
 Lord Mayor and aldermen ; authorities to 
 
 2. In the metropolis, as defined by the Act of the session of the ma t c orders 
 
 eighteenth and nineteenth years of Her present Maj esty, chapter as to hours, 
 
 (d) This section and section 3 of Locomotives Act, 1861, are, so 
 far as relates to England repealed, and other provisions as to the construc- 
 tion of locomotives are substituted. See the section, post. 
 
 (e) Under the General Highway Act, 5 & 6 Will. 4, c. 50, prohibiting 
 under penalty the erection of any steam engine, &c., within twenty-five 
 yards from any part of any carriageway or cartway, except with certain 
 precautions, it was held that a portable steam threshing machine on wheels 
 not removed while at work, and employed within the prohibited distance, 
 was a nuisance : Smith v. Stokes, 32 L. J. M. C. 199. But to charge the 
 owner, he must have been present when, or known that it was employed : 
 Harrison v. Leaper, 26 J. P. 373. 
 
 (/) This section is repealed by the Highways and Locomotive Amendment 
 Act, 1878, s. 31. See substituted provision, post. The same Act by 
 section 30 repeals section 8 of the Locomotive Act, 1871, so far as relates 
 to England, and enacts in lieu thereof, that steam locomotives shall be so 
 constructed as to consume their own smoke.
 
 528 
 Section 8. 
 
 &c., locomo- 
 tives may 
 pass through 
 cities, &c. 
 
 APPENDIX. THE LOCOMOTIVES ACT 1865. 
 
 one hundred and twenty (except the city of London), the me- 
 tropolitan board of works ; 
 
 In any borough in England the population of which shall have 
 exceeded five thousand at the last census, t 
 borough ; 
 
 last census, the council of the 
 
 Penalty on 
 acting con- 
 trary to such 
 orders. 
 
 4. In any borough or town in England the population of which 
 
 shall have exceeded five thousand at the last censiis, not 
 within the jurisdiction of a council, but within the jurisdic- 
 tion of any trustees or improvement commissioners appointed 
 under any public or private Act of parliament, the trustees or 
 commissioners ; 
 
 5. In any borough or town in Scotland the population of which 
 
 shall have exceeded ten thousand at the last census, within 
 the jurisdiction of a town council, the town council, and in 
 any such town in Scotland not within the jurisdiction of a 
 town council, but subject to the jurisdiction of police commis- 
 sioners, or of trustees exercising under any public or private 
 Act of parliament the functions of police commissioners, the 
 police commissioners, or, where there are no police commis- 
 sioners, then the trustees, 
 
 may make orders as to the hours during which (and as to the speed, 
 not in any case to exceed two miles an hour, at which,) locomotives 
 are to pass through the city or place subject to their respective juris- 
 dictions ; and any person in charge of a locomotive acting contrary 
 to such regulations shall, on summary conviction, be liable to a 
 penalty not exceeding ten pounds. 
 
 Every order made in pursuance of this section shall be reduced 
 into Avriting, and shall have affixed thereto the common seal of the 
 local authority, where they have a common seal, and shall be signed 
 by the members of the local authority, or any two of them, where 
 they have not a common seal : 
 
 A copy of such order shall be affixed to some public place within 
 the jurisdiction of the local authority, and advertised in some news- 
 paper circulating within the jurisdiction of the local authority, and 
 the production of a newspaper containing such advertisement shall 
 be evidence of the copy having been advertised in pursuance of this 
 Act. 
 
 9. For the purposes of this Act, the county surveyor of each county 
 in Ireland shall be deemed to be the conservator of all the roads in 
 the county of which he is surveyor, made or repaired by grand jury 
 presentment ; and it shall not be lawful to use any locomotive, other 
 than those specially authorized by this Act, OH any such road in any 
 county in Ireland, without the consent in writing of the county sur- 
 veyor thereof, approved of by one or more justices sitting at petty 
 sessions ; and all compensation for damage done by any locomotive to 
 any bridge, gullet, or arch, or any of the walls, buttresses, or supports 
 thereof, on any such road in any county in Ireland, shall be recover- 
 able in the name of the county surveyor thereof, for and on behalf of 
 the county, from the party liable to pay the same, such compensation, 
 if not exceeding ten pounds, to be recovered in a summary way by 
 summons at petty sessions, and if over ten pounds to be recovered by 
 process in the civil bill court. 
 
 How penalties 10- Every penalty imposed by the provisions of this Act shall, in 
 
 to be recovered Ireland, be recoverable before a justice or justices of the peace in petty 
 
 sessions, subject and according to the provisions of "The Petty Sessions 
 
 In Ireland 
 the county 
 surveyor to 
 be deemed the 
 conservator of 
 the roads in 
 his county, and 
 proceedings 
 for damage to 
 be taken in 
 his name.
 
 28 & 29 VICT. c. 83, ss. 1018. 529 
 
 (Ireland) Act, 1851," and any Act amending the same, and shall bo Section 10. 
 
 applied according to the provisions of "The Fines (Ireland) Act, 1851," 
 
 ancl any Act amending the -same. " 
 
 11. Nothing in this Act contained shall repeal, alter, or in anyway Section 41 of 
 affect the provisions of the forty-first section of " The Thames Em- 25 & 26 "Viet. 
 bankment Act, 1862 (a)." c. 93, not to be 
 
 affected. 
 
 12. Nothing in this Act contained shall authorize any person to Saving as to 
 use a locomotive which may be so constructed or used as to be a actions at 
 public nuisance at common law, and nothing herein contained shall law. 
 affect the right of any person to recover damages in respect of any 
 
 injury he may have sustained in consequence of the use of a loco- 
 motive (6). 
 
 13. This Act may be cited as " The Locomotives Act, 1865 ; " and Short title* 
 'The Locomotives Act, 1861," and this Act, shall be construed 
 together as one Act. 
 
 (a) Which enacts that " it shall not be lawful for any person to use a 
 locomotive engine propelled by steam along the streets or roadways con- 
 structed under tbe provisions of the Act." 
 
 (b) It was held under section 7 of 24 & 25 Viet. c. 70, relative to the 
 repair of bridges damaged by any locomotive, by and at the expense of the 
 owner of or person having charge of such locomotive, that it did not apply 
 to a county bridge : JReg. v. KitcJiener, L. R. 2 C. C. 88 : see as to liabilities 
 for damage by a locomotive steam engine of a company not liaving statutory 
 powers to use locomotives, though negligence was negatived, Jones v. Fes- 
 tinlog Railway Company, L. 11. 3 Q. B. 733.
 
 AN ACT 
 
 TO AMEND THE LAW RELATING TO HIGHWAYS IN 
 ENGLAND AND THE ACTS RELATING TO LOCOMO- 
 TIVES ON ROADS ; AND FOR OTHER PURPOSES. 
 
 41 & 42 VICT. CAP. 77. 
 
 16TH AUGUST, 1878. 
 
 WHEREAS it is expedient to amend the law relating to highways in 
 England, and to amend the Locomotives Acts, 1861 and 1865 : 
 
 Be it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and temporal, and Com- 
 mons, in this present parliament assembled, and by the authority of 
 the same, as follows : 
 
 PART II (). 
 
 AMENDMENT OP LOCOMOTIVE ACTS, 1861 AND 1865. 
 
 28. Section three of the Locomotive Act, 1861, and section five of 
 the Locomotive Act, 1865, are hereby repealed, so far as relates to 
 England, and in lieu thereof be it enacted that it shall not be law- 
 ful to use on any turnpike road or highway a locomotive constructed 
 otherwise than in accordance with the following provisions ; (that is 
 to say,) 
 
 (1.) A locomotive not drawing any carriage, and not exceeding in 
 weight three tons, shall have the tires of the wheels thereof 
 not less than three inches in width, with an additional inch 
 for every ton or fraction of a ton above the first three tons ; 
 and 
 
 (2.) A locomotive drawing any waggon or carriage shall have the 
 tires of the driving wheels thereof not less than two inches 
 in width for every ton in weight of the locomotive, unless 
 the diameter of such Avheels shall exceed five feet, when the 
 
 () Part 1. applies to highways, &c., not in the metropolis.
 
 41 & 42 VICT. c. 77, ss. 2831. 531 
 
 width of the tires may be reduced in the same proportion Section 28. 
 as the diameter of the wheels is increased, but in such case 
 the width of such tires shall not be less than fourteen inches ; 
 and 
 
 (3.) A locomotive shall not exceed nine feet in width or fourteen 
 tons in weight, except as hereinafter provided ; and 
 
 (4.) The driving wheels of a locomotive shall be cylindrical and 
 smooth-soled, or shod with diagonal cross-bars of not lesa 
 than three inches in width nor more than three quarters of 
 an inch in thickness, extending the full breadth of the tire, 
 and the space intervening between each such cross-bar shall 
 not exceed three inches. 
 
 The owner of any locomotive used contrary to the foregoing pro- 
 visions shall for every such offence be liable to a fine not exceeding 
 five pounds : Provided that the mayor, aldermen, and commons in 
 the city of London, and the metropolitan board of works in the me- 
 tropolis, exclusive of the city of London, and the council of any borough 
 which has a separate court of quarter sessions, and the county authority 
 of any county, may, on the application of the owner of any locomotive 
 exceeding nine feet in width or fourteen tons in weight, authorize 
 such locomotive to be used on any turnpike road or highway within 
 the areas respectively above mentioned, or part of any such road or 
 highway, under such conditions (if any) as to them may appear 
 desirable. Provided also, that the owner of a locomotive used con- 
 trary to the provisions of sub-section two of this section shall not be 
 deemed guilty of an offence under this section if he proves to the satis- 
 faction of the court having cognizance of the case that such locomotive 
 was constructed before the passing of this Act, and that the tires of 
 the wheels thereof are not less than nine inches in width. 
 
 29. The paragraph numbered "secondly" of section three of the Amendment 
 Locomotive Act, 1865, is hereby repealed, so far as relates to of 28 & 29 
 England, and in lieu thereof the following paragraph is hereby sub- Vict - c. 83, 
 stituted ; namely, s * ** 
 
 " Secondly, one of such persons, while the locomotive is in motion, 
 shall precede by at least twenty yards the locomotive on foot, 
 and shall in case of need assist horses, and carriages drawn by 
 horses, passing the same." 
 
 30. Section eight of the Locomotive Act, 1861, is hereby repealed, Steam loconio- 
 so far as relates to England ; and in lien thereof, be it enacted that tives to be 
 every locomotive used on any turnpike road or highway shall be con- constructed 
 structed on the principle of consuming its own smoke ; and any person so as to con- 
 using any locomotive not so constructed, or not consuming, so far as sume their 
 practicable, its own smoke, shall be liable to a fine not exceeding five ^ ( T e ' . 
 pounds for every day during which such locomotive is used on any ^ 4&2a Viet, 
 such turnpike road or highway. c> ' 
 
 31. Section eight of the Locomotive Act, 1865, is hereby repealed, Power to local 
 so far as relates to England ; and in lieu thereof, be it enacted that authorities to 
 the mayor, aldermen, and commons in the city of London, and the make orders 
 metropolitan board of works in the metropolis, exclusive of the city as * h ur! J 
 
 of London, and the council of any borough which has a separate court during which 
 
 of quarter sessions, and the county authority of any county may make Io 
 
 bye-laws as to the hours during which locomotives are not to pass m ' l y l xu 
 
 over the turnpike roads or highways situate within the areas respec- loa Si 
 2 M 2
 
 APPENDIX THE HIGHWAYS AND LOCOMOTIVES (AMENDMENT) 
 
 tively above-mentioned, the hoxirs being in all cases consecutive hours 
 and no more than eight out of the twenty-four, and for regulating the 
 
 use of locomotives upon any highway, or preventing such use upon 
 
 every bridge where such authority is satisfied that such use would be 
 attended with danger to the public ; and any person in charge of a 
 locomotive acting contrary to such bye-laws shall be liable to a fine 
 not exceeding five pounds. 
 
 Power of 32. A county authority may from time to time make, alter, and 
 
 county autho- re peal bye-laws for granting annual licenses to locomotives used within 
 
 rity to license their county, and the fee (not exceeding ten pounds) to be paid in 
 
 locomotives. respect of each license ; and the owner of any locomotive for which a 
 
 license is required under any bye-law so made Avho uses or permits 
 
 the same to be used in contravention of any such bye-law shall be 
 
 liable to a fine not exceeding forty shillings for every day on which 
 
 the same is so used. 
 
 All fees received under this section shall be earned to and applied 
 as part of the county rate. 
 
 This section shall not apply to any locomotive used solely for agri- 
 cultural purposes. 
 
 Duration of 33. This part of this Act shall remain in force so long only as the 
 part II. of Locomotive Act, 1865, continues in force. 
 
 PAttT III. 
 
 Procedure and Definitions. 
 
 Continuation 34. It shall be lawful for the local government board to submit any 
 of provisional provisional order made by them under this Act to parliament for con- 
 order, firmation, and without such confirmation a provisional order shall not 
 be of any validity. 
 
 Confirmation 35. A bye-law made under this Act, and any alteration made 
 of bye-laws. therein and any repeal of a bye-law, shall not be of any validity until 
 it has been submitted to and confirmed by the local government 
 board. 
 
 A bye-law made under this Act shall not, nor shall any alteration 
 therein or addition thereto or repeal thereof, be confirmed until the 
 expiration of one month after notice of the intention to apply for con- 
 firmation of the same has been given by the authority making the 
 same in one or more local newspapers circulating in their county or 
 district. 
 
 Recovery of 36. All offences, fines, and expenses under this Act, or any bye-law 
 
 penalties and made in pursuance of this Act, may be prosecuted, enforced, and re- 
 expenses, covered before a court of summary jurisdiction in manner provided by 
 the Summary Jurisdiction Acts.
 
 ACT, 1878, 41 & 42 VICT. c. 77, ss. 36, 37. 533 
 
 The expression "the Summary Jurisdiction Acts" means the Act Section 36. 
 of the session of the eleventh and twelfth years of the reign of Her 
 present Majesty, chapter forty-three, intituled " An Act to facilitate 
 the performance of the duties of justices of the peace out of sessions 
 within England and Wales with respect to summary convictions and 
 orders," inclusive of any Acts amending the same. 
 
 The expression "court of summary jurisdiction " means and in- 
 cludes any justice or justices of the peace, metropolitan police magis- 
 trate, stipendiary or other magistrate, or officer, by whatever name 
 called, to whom jurisdiction is given by the Summary Jurisdiction 
 Acts : Provided that the court, when hearing and determining an 
 information or complaint under this Act, shall be constituted either 
 of two or more justices of the peace in petty sessions, sitting at a place 
 appointed for holding petty session, or of some magistrate or officer 
 sitting alone or with others at some court or other place appointed for 
 the administration of justice, and for the time being empowered by 
 law to do alone any act authorized to be done by more than one 
 justice of the peace. 
 
 37. If any party thinks himself aggrieved by any conviction or Form of ap- 
 order made by a court of summary jurisdiction on determining any peal to quarter 
 information or complaint under this Act, the party so aggrieved sessions, 
 may appeal therefrom, subject to the conditions and regulations 
 following : 
 
 (1.) The appeal shall be made to the next practicable court of 
 quarter sessions for the county or place where the decision 
 appealed from was given holden not less than twenty-one 
 days after the decision of the court from which the appeal 
 is made ; and 
 
 (2.) The appellant shall, within ten days after the pronouncing by 
 
 the court of the decision appealed from, give notice to the , 
 other party and to the court of summary jurisdiction of his 
 intention to appeal and of the ground thereof: such notice of 
 appeal shall be in writing signed by the person or persons 
 giving the same, or by his, her, or their solicitor, on his, her, 
 or their behalf ; and 
 
 (3.) The appellant shall, within three days after such notice, enter 
 into a recognizance before a justice of the peace, with two 
 sufficient sureties, conditioned personally to try such appeal, 
 and to abide the judgment of the court thereon and to pay 
 such costs as may be awarded by the court, or give such 
 other security by deposit of money or otherwise as the 
 justice may allow ; and 
 
 (4.) Where the appellant is in custody the justice may, if he think 
 fit, on the appellant entering into such recognizance or 
 giving such other security as aforesaid, release him from 
 custody : 
 
 (5.) The court of appeal may adjourn the appeal, and upon the 
 hearing thereof they may confirm, reverse, or modify the 
 decision of the court of summary jurisdiction, or remit the 
 matter to the coiirt of summary jurisdiction with the opinion 
 of the court of appeal thereon, or make such other order in 
 the matter as the court thinks just, and if the matter be re- 
 mitted to the court of summary jurisdiction the said last- 
 mentioned court shall thereupon re- hear and decide the 
 information or complaint in accordance with the opinion of
 
 534 
 Section 37. 
 
 Interpreta- 
 tion. 
 
 25 & 26 Viet. 
 c.61. 
 
 27 & 28 Viet, 
 c. 101. 
 
 25 & 26 Viet. 
 
 c.61. 
 
 27 & 28 Viet. 
 
 c. 101. 
 
 25 & 26 Viet. 
 c.61. 
 
 27 & 28 Viet. 
 c. 101. 
 
 38 & 39 Viet. 
 c. 55. 
 
 38 & 39 Viet, 
 c. 55. 
 
 18 & 19 Viet, 
 c. 120. 
 
 APPENDIX. THE HIGHWAYS AND LOCOMOTIVES (AMENDMENT) 
 
 the said court of appeal. The court of appeal may also make 
 Mich order as to costs to be paid by either party as the court 
 thinks just. 
 
 38. In this Act 
 
 " County " has the same meaning as it has in the Highway Acts, 
 1862 and 1864, except that every liberty not being assessable to 
 the county rate of the county or counties within which it is locally 
 situate shall, for the purposes of this Act other than those relating 
 to the formation and alteration of highway districts, and the 
 transfer of the powers of a highway board, be deemed to be a 
 separate county : 
 
 "County authority" means the justices of a county in general or 
 quarter sessions assembled : 
 
 " Borough " means any place for the time being subject to the Act 
 of the session of the fifth and sixth years of the reign of King 
 William the Fourth, chapter seventy-six, intituled " An Act to 
 provide for the regulation of municipal corporations in England 
 and Wales," and the Acts amending the same : 
 
 " Highway district " means a district constituted in pursuance of 
 the Highway Act, 1862, and the Highway Act, 1864, or one of 
 such Acts : 
 
 " Highway board " means the highway board having jurisdiction 
 within a highway district : 
 
 " Highway parish " means a parish or place included or capable of 
 being included in a highway district in pursuance of the High- 
 way Acts, 1862 and 1864, or one of such Acts : 
 
 " Highway authority " means .is respects an urban sanitary 
 district the urban sanitary authority, and as respects a high- 
 way district the highway board, and as respects a highway 
 parish the surveyor or surveyors or other officers performing 
 similar duties : 
 
 " Rural sanitary district " and " rural sanitary authority " mean 
 respectively the districts and authorities declared to be rural 
 sanitary districts and authorities by the Public Health Act, 
 1875: 
 
 " Urban sanitary district " and " urban sanitary authority " mean 
 respectively the districts and authorities declared to be urban 
 sanitary districts and authorities by the Public Health Act, 
 1875, except that for the purposes of this Act no borough having 
 a separate court of quarter sessions, and no part of any such 
 borough, shall be deemed to be or to be included in any such 
 district, and where part of a parish is included in such district for 
 the purpose only of the repairs of the highways such part shall 
 be deemed to be included in the district for the purposes of this 
 Act : 
 
 " The metropolis" means the parishes and places mentioned in the 
 schedules A., B., and C., annexed to the Metropolis Manage- 
 ment Act, 1855, and any parish to which such Act may be 
 extended by order in council in manner in the said Act 
 provided ; also the city of London and the liberties of the said 
 city : 
 
 " Quarter sessions " includes general sessions : 
 
 "Petty sessional division" means any division for the holding 
 a special sessions formed or to be formed under the provi- 
 sions of the Act of the ninth year of the reign of His late 
 Majesty King George the Fourth, chapter forty-three, or any 
 Act amending the same ; also any division of a co
 
 ACT, 1878, 41 & 42 VICT. c. 77, s. 38. 535 
 
 a riding, division, parts, or liberty of a county, having a Section 38. 
 separate commission of the peace, in and for which petty 
 
 sessions or special sessions are usually held, whether in one 
 or more place or places in accordance with any custom, or 
 otherwise than under the said last - mentioned Act ; but does 
 not include any city, borough, town corporate, or district con- 
 stituted a petty sessional division by the Act of the session, 
 of the twelfth and thirteenth years of the reign of Her present 
 Majesty, chapter eighteen, intituled "An Act for the holding 
 of petty sessions of the peace in boroughs, and for providing 
 places for the holding of such petty session in counties and 
 boroughs : " 
 
 " Locomotive " means a locomotive propelled by steam or by other 
 than animal power : 
 
 " Person " includes a body of persons corporate or unincorporate.
 
 AN ACT 
 
 FOR PREVENTING THE INTRODUCTION & SPREADING 
 OF INSECTS DESTRUCTIVE TO CROPS. 
 
 40 & 41 VICT. CAP. 68. 
 
 14TH AUGUST, 1877. 
 
 BE it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 Section 1. 
 
 Power to 
 privy council 
 to make orders 
 for preventing 
 introduction 
 of destructive 
 insects. 
 
 Great Britain. 
 
 1. The lords and others of Her Majesty's most honourable privy 
 council (in this Act referred to as the privy council) may from time 
 to time make such orders as they think expedient for preventing the 
 introduction into Great Britain of the insect designated as Dorypliora, 
 decernlineata, and commonly called the Colorado beetle. 
 
 Any such order, if the privy council think fit, may prohibit or 
 regulate the landing in Great Britain of potatoes, or of the stalk and 
 leaves of potatoes, or other vegetable substance, or other article, 
 brought from any place out of Great Britain, the landing whereot 
 may appear to the privy council likely to introduce the said insect 
 into Great Britain, and may direct or authorise the destruction of any 
 such article, if landed. 
 
 If any person lands or attempts to land any article in contravention 
 of any order under this Act, such article shall be liable to be forfeited 
 in like manner as goods the importation whereof is prohibited by the 
 Acts relating to the customs are liable to be forfeited (a) ; and the 
 person so offending shall be liable, according to those Acts, to such 
 penalties as are imposed on persons importing or attempting to im- 
 port goods the importation whereof is prohibited by those Acts. 
 
 Power to 2. The privy council may from time to time make such orders as 
 
 privy council they think expedient for preventing the spreading in Great Britain of 
 
 to make orders the said insect. 
 
 for preventing Any such order may, if the privy council think fit, direct or autho- 
 
 spreading of r i.ie the removal or destruction of any crop of potatoes or other crop 
 
 insects. 
 
 (a) The term " Customs Acts " is by the Contagious Diseases (Animals) 
 Act, 1878, section 5, defined to mean the Customs Consolidation Act, 1876, 
 and any enactment amending or substituted for that Act. See note to sec- 
 tion 65 of the Contagious Diseases (Animals) Act, 1878, posl.
 
 40 & 41 VICT. c. 68, ss. 24. 537 
 
 or substance on which the said insect in any stage of existence is Section 2. 
 found, or to or by means of which the said insect may appear to the 
 privy council likely to spread, and the entering on any land for the 
 purpose of such removal or destruction, or for the purpose of any 
 examination or inquiry authorised by the order, or for any other pur- 
 pose of the order. 
 
 Any such order may, if the privy council think fit, prohibit the 
 keeping, selling, or exposing or offering for sale, or the keeping of 
 living specimens of the said insect, in any stage of existence, or the 
 distribution in any manner of such specimens. 
 
 Any such order may impose penalties for offences against the order, 
 not exceeding ten pounds for any offence ; and those penalties shall 
 by virtue of this Act be recoverable, with costs, on summary con- 
 viction before two justices of the peace, and shall be applied as 
 penalties recovered under the Contagious Diseases (Animals) Act, 32 & 33 Viet. 
 1869 (b), are applicable. c. 96. 
 
 3. Where by any order under this Act the privy council direct or Compensation 
 authorise the removal or destruction of any crop, they may direct or for crops. 
 authorise the payment by the local authority of compensation for the 
 
 crop ; and the local authority shall pay the same, subject and accord- 
 ing to the following provisions : 
 
 (1.) In the case of a crop on which the said insect, in any stage of 
 existence, is found, the compensation shall not exceed one- 
 half of the value of the crop. 
 
 (2.) In every other case the compensation shall not exceed three- 
 fourths of the value of the crop. 
 
 (3.) The value of the crop shall in each case be taken to be the 
 value which, in ordinary circumstances, the crop would have 
 had at the time of its removal or destruction. 
 
 (4.) The local authority may, if they think fit, require the value 
 of the crop to be ascertained by their officer or by arbitra- 
 tion. 
 
 (').) The local authority may, if they think fit, withhold compen- 
 tion if, in relation to the crop, the owner or the person 
 having charge thereof, has, in their judgment, done any- 
 thing in contravention of, or failed to do anything in com- 
 pliance with, any order under this Act. 
 
 4. The local authorities under the Contagious Diseases (Animals) Local antho- 
 Act, 1869, with their respective districts local rates, clerks, and com- rities nd 
 mittees, shall be in like manner local authorities for the purposes of execution of 
 this Act. orders of 
 
 The privy council may, if they think fit, require a local authority connc " W- 
 to carry into effect any order of the privy council under this Act. 
 
 The expenses incurred and compensation paid by a local authority 
 in pursuance of any order under this Act shall be paid by them out 
 of the local rate. 
 
 Eveiy local authority shall keep, in such manner and form as the 
 privy council from time to time by order direct, a record relative to 
 
 (b) The Contagious Diseases (Animals) Act, 1878, section 4, enacts that 
 that Act shall, instead of the Act here named, be deemed to be referred to 
 in this Act, and penalties under the provisions of that Act shall be recover- 
 able in manner provided in Parts II. and III. of the first-named Act. 
 Penalties are recoverable under section 63. Part III. refers to Scotland. 
 
 (c) The local authorities, under the Contagious Diseases (Animals) Act, 
 1878, are described in section 9, second schedule.
 
 538 
 
 APPENDIX. THE DESTRUCTIVE INSECTS ACT, 1877. 
 
 Section 4. proceedings in pursuance of any order under this Act, stating the date 
 of the removal or destruction of any crop or substance, and other 
 proper particulars, which record shall be admitted in evidence. 
 
 5. Every order of the privy council under this Act shall be pub- 
 lished, if it relates to England, in the London Gazette, and if it relates 
 
 Publication of 
 orders of 
 council. 
 
 Exercise of 
 powers of 
 Act by privy 
 council. 
 
 AlsJlctij 11 IL relates tu j-iai^janu.j xii LJ.J.C -LJUIIU.UJ.I v^a^cttcj cuiu n it nUttwM 
 
 to Scotland, in the Edinburgh Gazette ; save that, where the order 
 affects only specified lands, the insertion in the London or Edinburgh 
 Gazette (as the case may require) of a notice of the making of the 
 order shall be sufficient. 
 
 Any order of the privy council under this Act shall be published 
 by any local authority, to whom it is sent by the privy council for 
 publication, in such manner as the privy council direct, and subject 
 to, or in the absence of, any such direction, in such manner as the 
 local authority think sufficient and proper to ensure publicity. 
 
 6. The powers by this Act conferred on the privy council may be 
 exercised by any two or more of the lords and others of the privy 
 council, and, as regards the making of orders affecting only specified 
 lands, may be exercised by the lord president or one of Her Majesty's 
 principal secretaries of state. 
 
 General. 
 
 Orders to be 8. () Every order under this Act shall be laid before both houses 
 
 laid before of parliament within ten days after the making thereof, if parliament 
 
 houses of par- is then sitting, and if not, then within ten days after the next meet- 
 
 liament. ing of parliament. 
 
 Expenses of 9. The expenses of the execution of this Act, other than expenses 
 
 Act. and compensation paid by local authorities, shall be paid out of 
 
 money to be provided by parliament. 
 
 Short title. 10 - Tnis Act ma y be cited as " Tlie Destructive Insects Act, 1877." 
 
 (a) Section 7 relates to Ireland only.
 
 AN ACT 
 
 FOR THE BETTER PROTECTION OF INFANT LIFE. 
 35 & 36 VICT. CAP. 38. 
 
 25TH JULY, 1872. 
 
 WHEREAS it is expedient to make better provision for the protection 
 of infants intrusted to persons to be nursed or maintained for hire or 
 reward in that behalf: 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 1. The term " Summary Jurisdiction Acts " means as follows : Interpretation 
 As to England, the Act of the session of the eleventh and twelfth clause - 
 
 years of the reign of Her present Majesty, chapter forty-three, 
 intituled " An Act to facilitate the performance of the duties of 
 justices of the peace out of sessions within England and Wales 
 with respect to summary convictions and orders," and any Acts 
 amending the same ; 
 
 As to Scotland, " The Summary Procedure Act, 1864 ; " 
 As to Ireland, within the police district of Dublin metropolis, the 
 Acts regulating the powers and duties of justices of the peace 
 for such district or of the police of such district ; and elsewhere 
 in Ireland, the Petty Sessions (Ireland) Act, 1851, and any Act 
 amending the same : 
 
 The term " court of summary jurisdiction " means and includes 
 any justice or justices of the peace, sheriff or sheriff substitute, 
 metropolitan police magistrate, stipendiary or other magistrate or 
 authority, by whatever name called, to whom jurisdiction is given 
 by the summary jurisdiction Acts or any Acts therein referred to, or 
 to proceedings before whom the provisions of the Summary Jurisdic- 
 tion Acts are or may be made applicable: 
 
 In this Act the words " local rate," "local jurisdiction," and "local 
 authority," mean, in reference to the districts mentioned in the first 
 column of the First Schedule annexed hereto, the rate, jurisdiction, 
 and authority mentioned in the second, third, and fourth columns of 
 the said schedule, and such schedule and the notes thereto annexed 
 shall be deemed to be part of this Act. 
 
 2. From and after the commencement of this Act it shall not be Houses of 
 lawful for any person to retain or receive for hire or reward in that persons re- 
 behalf more than one infant, and in case of twins more than two taining or 
 infants, under the age of one year for the purpose of nursing or receiving for
 
 540 
 
 APPENDIX. THE INFANT LIFE PEOTECTION ACT, 1872. 
 
 Section 2, maintaining such infants apart from their parents for a longer period 
 than twenty-four hours, except in a house which has been registered 
 as herein provided. 
 
 3. The local authority shall cause a register to be kept in which 
 shall be entered the name of every person applying to register any 
 house for the purposes of this Act, and the situation of every such 
 house, and the local authority shall from time to time make bye-laws 
 for fixing the number of infants who may be received into each house 
 so registered ; the registration shall remain in force for one year ; no 
 fee shall be charged for registration. Every person who receives or 
 retains any infant in contravention to the provisions of this Act 
 shall be guilty of an offence against this Act. 
 
 4. The local authority may refuse to register any house, unless they 
 are satisfied that such house is suitable for the purposes for which it 
 is to be registered, and unless they are satisfied by the production of 
 certificates that the person applying to be registered is of good 
 character, and able to maintain such infants. 
 
 5. The person registered as aforesaid shall immediately enter in a 
 register to be kept by him the name, sex, and age of each infant under 
 his care, and the date at which and the names and addresses of the 
 persons from whom they were received, and shall also enter in the 
 said register the time whe 
 
 hire two or 
 more infants 
 for the pur- 
 pose of nurs- 
 ing to be 
 registered, 
 llegister of 
 names and 
 houses to be 
 kept by local 
 authority. 
 
 Local autho- 
 rity may re- 
 fuse to 
 register. 
 
 Persons whoso 
 names and 
 houses are 
 registered to 
 keep a register 
 of infants and 
 to produce it 
 when lawfully 
 required. 
 
 leii and the names and addresses of the per- 
 
 son by whom every such infant received and retained as aforesaid 
 shall be removed immediately after the removal of such infant, and 
 shall produce the said register when required to do so by the local 
 authority ; and in the event of his refusing so to produce the said 
 register or neglecting to enter in a register the name, sex, and age of 
 each of the said infants, and the date at which and the names and 
 addresses of the persons from whom they were received and by whom 
 they were removed respectively, shall be liable to a penalty not ex- 
 ceeding five pounds. The person registered shall be entitled to re- 
 ceive gratuitously from the local authority a book of forms for the 
 registration of infants ; such register may be in the form contained 
 in the second schedule to this Act. 
 
 6. If any person shall make false representations with a view to 
 being registered under this Act, or shall forge any certificate for the 
 purpose of this Act, or make use of any forged certificate, knowing 
 it to be forged, or shall falsify any register kept in pursuance of this 
 Act, he shall be guilty of an offence against this Act (a). 
 
 7. If it shall be proved to the satisfaction of the local authority 
 that any person whose house has been so registered as aforesaid has 
 been guiltyof serious neglect, or is incapable ol providing the infants 
 intrusted to his cave with proper food and attention, or that the house 
 specified in the register has become unfit for the reception of infants, 
 it shall be lawful for the local authority to strike his name and 
 house off the register. 
 
 Inquest to be g -p] ie p ergon registered as aforesaid shall within twenty-four hours 
 1 after the death of every infant so retained or received cause notice 
 thereof to be given to the coroner for the district within which the 
 
 Forgery of 
 certificate and 
 falsifying 
 register. 
 
 Local autho- 
 rity may 
 strike name 
 and house off 
 register for 
 neglect, &c. 
 
 of infant. 
 
 (a) As to prosecution of offences, see section 11 ; and punishment, sec- 
 tion 9.
 
 35 & 36 VICT. c. 38, ss. 8, 13. 541 
 
 said infant died, and the said coroner shall hold an inquest on the Section 8. 
 
 body of every such infant unless a certificate under the hand of a 
 
 registered medical practitioner shall be produced to him by the per- 
 son so registered certifying that such registered medical practitioner 
 has personally attended or examined such infant, and specifying the 
 cause of its death, and the said coroner shall be satisfied by such 
 certificate that there is no ground for holding such inquest. If the 
 person so registered shall neglect to give notice as aforesaid he shall 
 be guilty of an offence under this Act. 
 
 9. Every person guilty of an offence under this Act shall be liable Punishment 
 to imprisonment for not more than six months, with or without hard for offence 
 labour, or to a penalty not exceeding five pounds, as a court of sum- under this 
 mary jurisdiction may award, and shall in addition be liable to have Act. 
 
 his name struck off the register. 
 
 10. All expenses incurred in and about the execution of this Act Payment of 
 shall be defrayed out of the local rate (6). expenses out 
 
 of local rate. 
 
 11. Any offence under this Act may be prosecuted before a court offence how 
 of summary jurisdiction (c) in manner provided by the Summary ^ j, e prose- 
 Jurisdiction Acts : Provided as follows : cuted 
 
 The description of any offence under this Act in the words of 
 such Act, or as near thereto as may be, shall be sufficient in 
 law: 
 
 Any exception, exemption, proviso, excuse, or qualification, whether 
 it does or does not accompany the description of the offence in 
 this Act, may be proved by the defendant, but need not be 
 specified or negatived in the information, and if so specified or 
 negatived, no proof in relation to the matters so specified or 
 negatived shall be required on the part of the informant or 
 prosecutor: 
 
 The court of summary jurisdiction, when hearing, trying, deter- 
 mining, and adjudging an information or complaint in respect of 
 any offence or matter arising under this Act, shall be constituted 
 either of two or more justices of the peace in petty sessions, or 
 of some magistrate or officer sitting alone or with others at 
 some court or other place appointed for the administration of 
 justice, and for the time being empowered by law to do alone 
 any act authorized to be done by more than one justice of the 
 peace. 
 
 12. Any moneys arising from fees or fines under this Act shall be Application of 
 paid to the account of the local rate, and be applied to the purposes penalties re- 
 to which that rate is applicable. covered under 
 
 the Act. 
 
 13. The provisions of this Act shall not extend to the relatives or Exceptions 
 guardians of any infant retained or received as aforesaid, nor to in- f r0 m provi- 
 stitutions established for the protection or care of infants, nor to any sions of Act. 
 person receiving any infant for the purpose of nursing or maintain- 
 ing sxich infant under the provisions of any Act for the relief of the 
 
 poor. 
 
 (b) In the metropolis, exclusive of the city of London, the rate or fund 
 applicable to the payment of the general expenses of the board. 
 
 (c) See interpretation, section 1.
 
 542 
 
 APPENDIX. THE INFANT LIFE PROTECTION ACT, 1872. 
 
 Section 15. ***. () This Act shall commence on the first day of November, 
 
 ' one thousand eight hundred and seventy-two. 
 Commence- 
 ment of Act. 16. This Act may be cited as " The Infant Life Protection Act, 
 Short title. 1872." 
 
 THE FIRST SCHEDULE, 
 REFERRED TO IN THE FOREGOING ACT. 
 
 ENGLAND. 
 
 District. 
 
 Local Kate. 
 
 Local Jurisdiction. 
 
 Local Authority. 
 
 Counties, except 
 the metropolis 
 and city of 
 London. 
 
 The county rate 
 or rate in the 
 nature of a 
 county rate. 
 
 Petty sessional di- 
 vision. 
 
 Justices in petty 
 sessions. 
 
 The metropolis - 
 
 Rate or fund ap- 
 plicable to the 
 payment of the 
 general expen- 
 ses of the 
 board. 
 
 Area of the me- 
 tropolis. 
 
 The metropolitan 
 hoard of works. 
 
 City of London 
 and the liberties 
 thereof. 
 
 Consolidated 
 sewers rate. 
 
 Area of the city 
 of London and 
 the liberties 
 thereof. 
 
 Common council, 
 
 Boroughs - - - 
 
 The borough 
 fund or bo- 
 rough rate. 
 
 Area of borough 
 
 Council. 
 
 " County " shall not include a county of a city or county of a town, 
 but shall include any riding, division, parts, or liberty of a county 
 having a separate commission ol the peace. 
 
 Where a county or liberty of a county having a separate commis- 
 sion of the peace" is not divided into petty sessional divisions, such 
 county or liberty of a county shall itself for the purposes of this Act 
 be deemed to be a petty sessional division of the county by which it 
 is constituted or in which it is geographically situate. 
 
 " The metropolis " shall include all parishes and places in which 
 the metropolitan board of works have power to levy a main drainage 
 rate, exclusive of the city of London and the liberties thereof. 
 
 " Borough" shall mean any place for the time being subject to an 
 
 (a) Section 14 applies to Scotland only.
 
 35 & 36 VICT. c. 38. SCHEDS. 1, 2. 543 
 
 Act passed in the session holden in the fifth and sixth years of the Sched. 1. 
 reign of King William the Fourth, chapter seventy-six, intituled 
 " An Act made to provide for the Regulation of Municipal Corpora- 
 tions in England and Wales," and having a separate court of quarter 
 
 Every place that is not, according to the foregoing definitions, a 
 borough, a county, or part of the metropolis, or city of London, or 
 the liberties thereof, shall be deemed to form part of the county, as 
 hereinbefore defined, to the county rate of which it is assessed, or, if 
 not so assessed, of the county within which it is situate (&). 
 
 THE SECOND SCHEDULE, 
 REFERRED TO IN THE FOREGOING ACT. 
 
 REGISTER OF INFANTS. 
 
 
 
 
 
 Name and 
 
 
 Name and 
 
 Date at 
 
 
 
 
 Address of 
 
 Date at 
 
 Address 
 
 which re- 
 
 Name. 
 
 Sex. 
 
 Age. 
 
 Person 
 
 which re- 
 
 of Person 
 
 ceived. 
 
 
 
 
 from whom 
 
 moved. 
 
 by whom 
 
 
 
 
 
 received. 
 
 
 removed. 
 
 
 
 
 
 
 
 
 (b) The remainder of this schedule applies to Scotland and Ireland ex- 
 clusively.
 
 AN ACT 
 
 TO PROVIDE BETTER DWELLINGS FOR ARTIZANS AND 
 LABOURERS. 
 
 31 & 32 VICT. CAP. 130. 
 
 31ST JULY, 1868. 
 
 WHEREAS it is expedient to make provision for taking down or im- 
 proving dwellings occupied by working men and their families which 
 are unlit for human habitation, and for the building and maintenance 
 of better dwellings for such persons instead thereof : Be it enacted 
 by the Queen's most excellent majesty, by and with the advice and 
 consent of the Lords spiritual and temporal, and Commons, in this 
 present parliament assembled, and by the authority of the same, as 
 follows : 
 
 1. In citing this Act it shall be sufficient to use the words " The 
 Artizans and Labourers Dwellings Act, 1868." 
 
 2. This Act shall apply only to the places named in the iirsl 
 column of Table (A.) in the first schedule annexed hereto ; and 
 "local authority," "local rate," and "clerk of local authority" shall 
 mean " the bodies of persons," () " rate/' and " officer " in that table 
 in that behalf mentioned ; and the said table shall be of the same 
 force as if it were enacted in the body of this Act : Provided always, 
 that this Act shall not apply to any city, borough, town, or place 
 that would otherwise be included within the said table, the popula- 
 tion whereof does not according to the census for the time being in 
 force amount to the number of ten thousand persons. 
 
 Intcrpreta- 3. The following words and expressions have in this Act the 
 
 tion ot following meanings, unless excluded by the subject or context ; (that 
 
 terms : is to say,) 
 
 " Street " and r ^ ae wor( i " street " includes any court, alley, street, square, or row 
 
 minw " of houses : 
 
 (a) In the metropolis, (exclusive of the city of London aud its liberties) 
 tlic vestries aud district boards under the 18 & ID Viet. c. 120, within their 
 respective parishes and districts. The " local rate " is declared to be the 
 rate to be levied for defraying the expenses of the last-named Act, and the 
 "clerk of the local authority" the clerk of the vestries or district boards.
 
 31 & 32 VICT. c. 130, ss. 3, 4. 545 
 
 The word " premises" means any dwelling house or inhabited Section 3. 
 
 - building, and the site thereof, with the yard, garden, outhouses, ft ~r~ 
 and appurtenances belonging thereto or usually enjoyed there- "remises : 
 with. 
 
 The expression " owner " in addition to the definition given by the "Owner :" 
 Lands Clauses Act (6) shall include all lessees or mortgagees of 
 any premises required to be dealt with under this Act, except 
 persons holding or entitled to the rents and profits of such pre- 
 mises for a term of years, of which twenty-one years do not 
 remain unexpired : 
 
 "Person" shall include a body of persons, corporate or unin- "Person:'* 
 corporate : 
 
 " Quarter sessions " shall include general sessions, and in Ireland " Quarter 
 shall mean, in towns and boroughs where there are separate sessions:" 
 quarter sessions, the quarter sessions of said boroughs and towns, 
 and in boroughs where there are no separate quarter sessions, 
 the quarter sessions of the divisions of the courts in which such 
 towns or boroughs shall be situate : 
 
 " Officer of health " shall mean and include medical officer of " Officer of 
 health, sanitary inspector, or any statutory officer performing health:" 
 the duties which a medical officer or sanitary inspector performs 
 under or by "virtue of any act of parliament : 
 
 In all cases 'in which the name of a local authority, local court, " Local 
 magistrate, or officer having any local jurisdiction in respect of officer," &c.: 
 their or his office is referred to, without mention of the locality 
 to which the jurisdiction extends, such reference is to be under- 
 stood to indicate the local authority, local court, magistrate, 
 or officer having jurisdiction in that place within which are 
 situate the premises or other subject matter or any part thereof 
 to which such reference applies : 
 
 " The metropolis " shall not include the city of London or the " The 
 liberties thereof, but shall include all other parishes or places metropolis : " 
 within the jurisdiction of the metropolitan board of works : " Borough " 
 
 " Borough " in England shall mean any place for the time being "* England, 
 subject to the Act passed in the session holden in the fifth and 
 sixth years of the reign of King William the Fourth, chapter 
 seventy-six, intituled, " An Act to provide for the Regulation of 
 Municipal Corporations in England and Wales : 
 
 " Burgh " in Scotland shall mean any place returning or contribut- " Burgh " 
 ing to return members to parliament, or any place subject to the in Scotland : 
 jurisdiction of a town council : 
 
 " Borough " in Ireland shall mean any place for the time being " Borough " 
 subject to an Act passed in the session of the third and fourth hi Ireland : 
 years of the reign of her present majesty, chapter one hundred 
 and eight, and intituled, " An Act for the Regulation of Munici- 
 pal Corporations in Ireland." 
 
 4. If in any place to which this Act applies there is no officer of As to ap- 
 health within the meaning of this Act, the local authority, with the pointment of 
 approval of one of Her Majesty's principal secretaries of state, shall officers of 
 forthwith appoint such an officer for such period as shall be necessary, health and 
 
 (6) Hie Land Clauses Act, 1845, 8 Viet. c. 18, s. 3, defines the word 
 " owner " as any person or corporation who under the provisions of that or 
 a special Act would be enabled to sell and convey lands to the promoters of 
 the undertaking. 
 
 2N
 
 APPENDIX. THE ARTIZANS, &c., DWELLINGS ACT, 1868. 
 
 payment of 
 salaries (a). 
 
 Section 4. shall assign him his duties, and pay him such salary or emolument 
 out of the local rate as they, with such approval as aforesaid, shall 
 think fit. The local authority, with the like approval, may from 
 time to time remove any officer appointed under this section, and 
 in manner aforesaid appoint another officer in his place. 
 
 5. If in any place to which, this Act applies the officer of health (b) 
 find that any premises (c) therein are in a condition or state danger- 
 ous to health so as to be unfit for human habitation, (d) he shall 
 report the same in manner hereinafter provided to the local 
 authority. 
 
 Officer of 
 Health to 
 deliver 
 copies of 
 report to 
 clerk of 
 local autho- 
 rity, who 
 shall refer 
 the same to a 
 surveyor, &c. 
 
 Local autho- 
 rity to cause 
 copies of 
 reports to 
 be given 
 to owner, 
 who may 
 object to 
 the same, 
 and to pre- 
 pare plan 
 and specifi- 
 cation of 
 required 
 works. 
 
 Clerk of 
 local autho- 
 
 6. Eveiy report made under this Act by the officer of health (e) 
 shall be made in writing and delivered to the clerk of the local au- 
 thority, and the local authority shall refer such report to a surveyor 
 or engineer, who shall thereupon consider the report so furnished to 
 him, and report to the local authority what is the cause of the evil so 
 reported on, and the remedy thereof, and if such evil is occasioned by 
 defects in any premises, whether the same can be remedied by 
 structural alterations and improvements or otherwise, or whether 
 such premises, or any and what part thereof, ought to be demo- 
 lished. 
 
 7. Upon receipt of the report of the surveyor and engineer the 
 local authority shall cause copies of both the reports to be given to 
 the owner, with notice of the time and place appointed by the local 
 authority for the consideration thereof, and such owner shall be at 
 libertv to attend and to state his objections (if any) to such reports, 
 or either of them, including therein any objection that the necessary 
 works ought to be done by or at the expense of some other person or 
 persons, or at the expense" of the parish or district in which the pre- 
 mises are situate ; and on such objections the local authority shall 
 make an order in writing, signed by the clerk of such local authority, 
 which shall be subject to appeal in manner hereinafter mentioned ; 
 and if such objections are overruled, the local authority, if they deem 
 it necessary, shall caused to be prepared a plan and specification of 
 the works (if any), and an estimate of the cost of such works, re- 
 quired to be executed. 
 
 8. The clerk of the local authority shall thereupon forthwith give 
 notice to the owner of the premises, informing him that a plan and 
 
 (a) This section is repealed by the Public Health Act, 1872, section 11, 
 enacting that all powers and duties conferred and imposed on officers of 
 health under this Act shall be exercised and performed by the medical 
 officers of health from time to time appointed under the Sanitary Acts or 
 that Act, or any local Act. 
 
 (b) See note to last section. 
 
 (c) See definition of " premises," section 3. 
 
 (d) Where the officer of health reported that several houses were unfit 
 for human habitation, and the local authority (the vestry) made an order 
 for the demolition of the whole, and the sessions on appeal made an order 
 directing structural alterations in the whole of the houses, the Queen's 
 Bench decided that the order of the vestry was good ; Flight v. Vestry of 
 Kt. George's, Hanover Square, 25 L. T.(N.S.) 24, ; 35 J. P. 389 (nom. E. \. 
 Flight.) 
 
 (e) Sec note to section 4, supra.
 
 31 & 32 VICT. c. 130, ss. 810. 547 
 
 specification and estimate of the cost of such works as are required in Section 8 
 reference thereto have been prepared, and that such plan and specifi- 
 cation and estimate may, if such owner think fit, be inspected and rit y to give 
 transcribed by him or his agent at the office of the clerk of the local notice to 
 authority without charge ; and any such owner may at any time owner f 
 within three weeks after the receipt of such notice state in writing P laU) &c - 
 
 to the clerk of the local authority, any objection which he may of r fl u ' ed 
 
 .L -.,.-__ ^ ^ -, , . ./.' *, J. ., J works hav- 
 
 thority shall thereupon make such order in relation thereto as they 
 may think fit ; and if they decide that any alteration is to be made 
 in the said plan, specification, and estimate, the local authority shall 
 cause such alteration to be made accordingly, and the plan and speci- 
 fication and estimate so amended shall be the plan and specification 
 and estimate according to which the works shall be executed. 
 
 9. Any person aggrieved by any order of the local authority, or Persons 
 his agent, may appeal against the same to the court of quarter sessions aggrieved 
 held next after the making of the said order, but the appellant shall by order 
 not be heard in support of the appeal unless, Avithin one calendar of local 
 month after the making of the order appealed against, he give to the authority 
 clerk of the local authority notice in writing stating his intention to mav a PP ea 
 appeal, together with a statement in writing of the grounds of appeal, a ami 
 and shall, within two days after giving such notice, enter into a same, 
 recognizance before some justice of the peace, with sufficient securi- 
 ties, conditioned to try such appeal at the said court, and to abide 
 
 the order of and pay such costs as may be awarded by the court or 
 any adjournment thereof ; and the court, upon the appearing of the 
 parties, or upon their making default, shall have full power and 
 jurisdiction to make such order and give such directions as under the 
 circumstances shall seem just, and may, according to its discretion, 
 award such costs to the party appealing or appealed against as they 
 think proper, and the determination of the court in or concerning the 
 premises shall be conclusive and binding on all persons to all intents 
 and purposes whatsoever : Provided, 
 
 First, that if there be not time to give such notice and enter into 
 such recognizance as aforesaid, then such appeal may be made 
 to, and such notice, statement, and recognizance be given and 
 entered into for the next sessions at which the appeal can be 
 heard : 
 
 Secondly, that on the hearing of the appeal no grounds of appeal 
 shall be gone into or entertained other than those set forth in 
 such statement as aforesaid : 
 
 Thirdly, that in any case of appeal the court shall, at the request 
 of either party, state the facts specially for the determination, in 
 England or Ireland, of Her Majesty's Court of Queen's Bench, 
 or in Scotland of either division of the court of session, in which 
 case it shall be lawful to remove the proceedings, by, writ of 
 certiorari or by petition, into the said Courts of Queen's Bench 
 or to the court of session respectively : 
 
 Fourthly, that pending any appeal no work shall be done nor pro- 
 ceedings taken under any order until after the determination ol 
 such appeal, or it shall cease to be prosecuted. 
 
 10. If the owner Appeal from the decision of the local authority Owner may 
 upon the objection that he is not responsible for the state and con- appeal where! 
 dition of Ms premises, he shall be bound to give notice of his appeal, 
 
 2x2
 
 548 
 
 APPENDIX. THE ARTIZANS, &c., DWELLINGS ACT, 1868. 
 
 Section 10 and a statement in writing of the ground thereof, to the person or 
 
 ' persons, or to the parish or district, alleged by him to be the occasion 
 
 local antho- of his premises being in such a state or condition as to render them 
 rity is liable to be reported upon under the provisions of the Act, and such 
 
 against him. person or persons, or parish or district, may appear before the court, 
 and be heard against his or their alleged liability. 
 
 11. If the local authority shall decide in favour of the objection of 
 the owner of the premises that some other person or persons, or that 
 the parish or district in which the premises are situate, is or are 
 responsible for the state and condition of his premises, the local au- 
 thority shall forthwith send copies of the reports of the officer of 
 health and of the surveyor or engineer to such person or persons, or 
 to the officer of such parish or district, together with notice of his 
 or their alleged liability, and shall appoint a time and place for hear- 
 ing the parties so alleged to be liable, and give notice thereof to the 
 said parties and also to the owner of the premises, and the local au- 
 thority shall make such order thereupon as to them shall seem just, 
 and the same shall be subject to appeal in manner aforesaid. 
 
 12. If and whenever any four or more householders living in or 
 near to any street by writing under their hands represent to the officer 
 of health that in or near that street any premises are in a condition or 
 state dangerous to health so as to be unfit for human habitation, he 
 shall forthwith inspect the premises, and report thereon ; but the 
 absence of any such representation shall not excuse him from inspect- 
 ing any premises, and reporting thereon. 
 
 13. In the event of the local authority declining or neglecting for 
 the space of three calendar months after receiving such report to take 
 any proceedings to put this Act in force, the householders who signed 
 such representation may address a memorial to the secretary of state 
 (a) stating the circumstances, and asking that an inquiry be made, 
 and upon receipt of such memorial the said secretary of state may 
 direct the local authority to proceed under the provisions of the Act, 
 and such direction shall be binding on the local authority. 
 
 14. Within three calendar months after the service on the owner 
 of the order by the clerk of the local authority, or, in the case oi 
 appeal, within one calendar month after the order of quarter sessions, 
 or, in the event of a further appeal, within one calendar month after 
 the order of the court of final appeal, the persons so served with the 
 order of the local authority shall each of them signify in writing to 
 the clerk of the local authority whether he is willing to effect the 
 works required to be executed ; and where two or more persons shall 
 signify, the right of effecting the works shall be given first to the 
 person whose ownership is first or earliest in title. 
 
 15. Where the owner of the premises and his residence or place of 
 business are known to the local authority, it shall be the duty of the 
 clerk of the local authority, if the owner be residing or have a place 
 of business within the district of such local authority, to give any 
 notice by this Act required to be served on him to the owner, or for 
 
 Where local 
 authority 
 decide in 
 favour of 
 owner, 
 reports and 
 notices to 
 be sent to 
 parties 
 liable. 
 
 On representa- 
 tion by house- 
 holders that 
 disease exists 
 in any house, 
 officer of health 
 to inspect and 
 report. 
 
 If local 
 authority 
 neglect to 
 enforce Act, 
 secretary of 
 state may 
 compel it to 
 proceed. 
 
 Owner to 
 signify to 
 clerk of 
 local autho- 
 rity whether 
 he is willing 
 to execute 
 specified 
 works. 
 
 Service of 
 notice on 
 owner whose 
 name and 
 residence 
 are kuowu. 
 
 (a) These powers and duties are uow transferred to the loeal government, 
 board by the 34 & 35 Viet. c. 70. Sec section 1, and schedules.
 
 31 & 32 VICT. c. 130, sa. 1520. 549 
 
 him, to some inmate of his place of residence or business within the Section 15. 
 
 place ; and if he be not residing within such district, or has no place 
 
 of business therein, then to send the notice by post in a registered 
 
 letter addressed to the owner at his place of residence or business ; 
 
 provided that the notice served upon the agent of the owner shall be 
 
 deemed notice to the owner. 
 
 16. Where the owner of the premises or his residence or place of Service of 
 business is not known to, or after diligent inquiry cannot be found notice on 
 by the local authority, then the clerk of the local authority may owner whose 
 serve the notice by leaving it, addressed to the owner, with some name or resi- 
 occupier of the premises, or if there be not an occupier, then by dence not 
 causing it to be put up on some conspicuous part of the premises. known. 
 
 17. Every notice required to be given by the clerk of the local Notices to be 
 authority by this Act shall be in writing or print, or partly in writing signed by the 
 and partly in print, and shall be signed by the clerk of the local local autho- 
 authority or deputy appointed by him. rity- 
 
 18. The owner on whom the local authority shall have imposed in Local autho- 
 the first instance the duty of executing the work shall within two rity to require 
 calendar months thereafter, commence the works as shown on the owners to 
 plan and described in the specification, and shall diligently proceed execute works 
 with and complete the same in conformity with the specification to *? m s P e cinca- 
 the satisfaction of the surveyor or engineer appointed by the local ^ on> 
 authority ; and if such owner shall fail therein, the local authority 
 
 Khali require the owner next in order as aforesaid to execute the said 
 
 works, and in case of his default shall require the remaining owners 
 
 in their order as aforesaid ; and if all such owners shall make default, Proceedings 
 
 the local authority shall, as the case may seem to them to require, of local autho- 
 
 either order the premises to be shut up or to be demolished, or may rity in case 
 
 themselves execute the required works in conformity with the speci- owners 
 
 fication. neglect. 
 
 19. Where the local authority themselves execute the works, they Provision in 
 may apply to the court of quarter sessions having jurisdiction over case lop*! 
 the place of which they are the local authority for an order charging authority 
 on the premises on which the works have been executed the amount themselves 
 of all costs, charges, and expenses that have been incurred by such exe( j u t' e the 
 authority in or about the execution of such works, including the works ' 
 costs of obtaining the order ; and the court of quarter sessions, when 
 
 satisfied of the amount so expended, shall make an order accordingly, 
 charging on the premises the amount of such costs, charges, and 
 expenses, together with interest at the rate of four pounds per cent, 
 per annum, and such order shall be filed and recorded in manner 
 hereinafter mentioned, and thereupon the amount of principal and 
 interest thereby secured shall be a charge on the house, bearing 
 interest at four per centum, and having priority over all other estates, 
 incumbrances, and interest whatsoever, and the local authority shall, 
 for the purpose of obtaining satisfaction of the monies so charged, or 
 of any interest thereon, be deemed to be a mortgagee of an absolute 
 estate in the house, and shall be invested with all the powers con- 
 ferred on mortgagees by Part II. of the Act of the session of the 
 twenty-third and twenty-fourth years of the reign of Her present 
 Majesty, chapter one hundred and forty-five, and in Scotland such 
 order shall be recorded in the appropriate register of sasines. 
 
 20. If the requirements of the order involve the total demolition, Local antho- 
 and not the improvement of the premises specified therein, the owner rity to pay
 
 550 APPENDIX. THE ARTIZANS, &c., DWELLINGS ACT, 1868. 
 
 Section 20 shall, within three months after service of the order, proceed to take 
 down and remove the premises, and if such owner fail therein, then 
 the local authority shall proceed to take down and remove the same ; 
 and the local authority shall sell the materials, and, after deducting 
 the expenses incident to such taking down and removal, pay over 
 the balance of monies, if any, to the owner. 
 
 21. Where at the tiniB of making the order the premises specified 
 therein, or any part thereof, are or is subject to any tenancy from 
 year to year, or for a year or for any less term, the local authority 
 shall give notice to every such tenant, stating the time at which such 
 tenancy will be determined. 
 
 Remedies of' 22. Provided always, that nothing in this Act contained shall pre- 
 owner for judice or interfere with the rights or remedies of any owner for the 
 
 In-each of breach, nonobservance, or nonperformance of any covenant or con- 
 
 covenant, &c., tract entered into by a tenant or lessee in reference to any premises 
 not to be pre- in respect of which any order shall be made by a local authority ; 
 judiced. an( j jf an y owner shall be obliged to take possession of any premises 
 
 in order to comply with any order made under the provisions of this 
 A ct, such entry or taking posseesion shall not affect his right to avail 
 himself of any such breach, nonobservance, or nonperformance that 
 may have occurred prior to his so taking possession. 
 
 Owner instead 
 of effecting 
 improvements 
 may take 
 down pre- 
 mises. 
 
 Application 
 may be made 
 to justices 
 where more 
 than one 
 owner of 
 premises 
 included in 
 order under 
 Act, and any 
 one owner 
 neglects to 
 comply with 
 such order. 
 
 23. If the order be that the premises require improvement, the 
 owner, including therein the owner of the first estate of inheritance, 
 if he think fit, may, instead of effecting the works required by the 
 plan and specification, take down the premises ; but in every such 
 case, and also in the event of the owner desiring to retain the site of 
 the premises required by the order to be totally demolished, no house 
 or other building or erection shall be erected on all or any part of the 
 site of the premises so taken down which shall be injurious to health ; 
 and the local authority may at any time make an order upon the 
 owner to abate or alter the said house, building, or erection, as the 
 case may require ; and in the event of noncompliance with such order 
 the local authority may, at the expense of the owner thereof, abate 
 or alter any house or other building or erection at any time wholly or 
 partly erected contrary to the provisions of this section. 
 
 24. Where there are two or more owners of any premises, and it 
 appears to any two justices in petty sessions, on application of any 
 owner of such premises, that the interest of the applicant in the pre- 
 mises will be prejudiced by the neglect and default of any other 
 owner to deal with the premises in conformity with the order so 
 made, it shall be lawful for such justices, if the applicant undertake 
 to their satisfaction to bring the 'premises into conformity with such 
 order, to make an order empowering the applicant forthwith to take 
 possession of the premises and to do all such works as may be neces- 
 sary for bringing the same into conformity with such order, and 
 within such time as shall be fixed by such justices, and on noncom- 
 pliance by such last-mentioned applicant with his undertaking it 
 shall be lawful for the justices to make a like order in favour of any 
 other owner. 
 
 Grant of 25. Where any owner has completed any works required to be 
 
 annuity to executed by a local authority in pursuance of this Act, lie may on 
 
 owner on the completion thereof apply to the local authority for a charging 
 
 completion of order charging on the premises on which the works have been 
 
 works. executed an annuity as compensation to the owner for the expendi-
 
 81 & 32 VIOT. c. 130, ss. 2530. 551 
 
 tiire incurred by him in executing such works, and shall produce to Section 25. 
 the local authority the certificate of their surveyor or engineer that 
 
 the works have been executed to his satisfaction, and also the accounts 
 and vouchers for such works, and the local authority, when satisfied 
 that the owner has duly executed such works, shall make a charging 
 order accordingly. 
 
 The annuity charged shall be a sum of six pounds for every 100 
 of such expenditure, and so in proportion for any less sum, to com- 
 mence from the date of the order, and to be payable for a term of 
 thirty years to the owner named in such order, his executors, admi- 
 nistrators, or assigns. 
 
 Charging orders made under this Act shall be made according to 
 the form, marked A. in the second schedule hereto annexed, or as 
 near thereto as the circumstances of the case will admit. 
 
 The costs of obtaining the order to be allowed by the local autho- 
 rity shall be deemed to be part of the expenditure incurred by the 
 owner. 
 
 26. Every annuity created by a charging order under this Act shall Incidence of 
 be a charge on the premises comprised in the order, having priority charge, 
 over all existing and future estates, interests, and incumbrances, 
 
 with the exception of quitrents and other charges incident to tenure, 
 tithe commutation rentcharges, and any charges created under any 
 Act authorizing advances of public money ; and where more annui- 
 ties than one are chargeable under this Act on any premises, such 
 annuities shall, as between themselves, take order according to their 
 respective dates. 
 
 27. Every annuity charged on any premises by a charging order Charges 
 under this Act may be recovered by the persons for the time being recoverable as 
 entitled to the same by the same means and in the like manner in all rentcharges 
 respects as if it were a rentcharge granted by deed out of the premises in lieu of 
 
 by the owner thereof. tlthes - 
 
 28. An order made in pursuance of this Act charging an annuity An order to be 
 on any premises shall be, both at law and in equity, conclusive evi- evidence of 
 dence that all notices, Acts, and proceedings by this Act directed compliance 
 with reference to or consequent on the obtaining such order, or the Wltu Act - 
 making such charge, have been duly served, done, and taken, and 
 
 that such charge has been duly created, and that it is a valid charge 
 on the premises declared to be subject thereto. 
 
 29. Every charging order made in pursuance of this Act relating Registry of 
 to premises in Middlesex or Yorkshire shall be registered in the same charging order 
 manner respectively as if such charge were made by deed by the on ^ premises it 
 absolute owner of such lands without the aid of this Act ; and a copy Diddles 
 
 of every such charging order of the certificate of such surveyor or * 
 engineer as aforesaid, together with a copy of the accounts as passed 
 by the local authority, and which copies shall be certified to be true 
 copies by the clerk of such local authority, shall, within six months 
 after the date of such charging order, be deposited with the clerk of 
 the peace of the county in which the premises are situate, who shall 
 be entitled to a fee of ten shillings for filing and recording the same ; 
 and every charging order made in pursuance of this Act relating to 
 premises in Scotland shall be recorded in the appropriate register of 
 sasines. 
 
 30. The proprietor of any charge may, by deed under seal, stamped Assignmen of 
 with the same ad valorem stamp as if it were an assignment of a charge.
 
 552 
 
 APPENDIX THE AETIZANS, &c., DWELLINGS ACT, 1868, 
 
 Power to 
 public works 
 loan commis- 
 sioners to 
 advance 
 moneys to 
 local authority 
 
 Service of 
 notice on 
 the local 
 authority. 
 
 Notices served 
 by local autho- 
 rity to be 
 signed by the 
 clerk. 
 
 Penalty for 
 obstructing 
 officer of 
 health, &c., 
 in execution 
 of Act. 
 
 Penalty for 
 preventing 
 execution of 
 Act. 
 
 Section 30. charge created by deed, assign the benefit of the charging order, or 
 of any portion of the charge comprised therein, to any other person ; 
 
 and on such assignment being executed the assignee shall have the 
 same rights under the order as the proprietor would have had if no 
 such assignment had been executed ; and any assignee of a charging 
 order may, by deed stamped in manner aforesaid, assign the charge 
 to any other person. Any assignment of a charging order may be 
 in the form marked B. in the schedule hereto, or in any other con- 
 venient form. 
 
 As to expenses 31. All expenses incurred by the local authority in pursuance of 
 of local autho- this Act shall be defrayed by them out of a special local rate, not 
 nty- exceeding twopence in the pound in any year, which they are hereby 
 
 empowered to assess and levy for the purposes of this Act. 
 
 32. The public works loan commissioners, as denned by the Public 
 Works Loan Act, 1853, may, if they think fit, lend to any local autho- 
 rity, and any local authority may borrow from the said commissioners, 
 such sums as the said authority may require for the purposes of this 
 Act, but the amount of every loan shall be sanctioned by the lords 
 commissioners of the treasury. 
 
 33. Any summons, notice, writ, or other proceeding at law or in 
 equity, or otherwise, in relation to carrying into effect the objects 
 and purposes of this Act, required to be served upon the local autho- 
 rity, may be lawfully served by delivering the same to the clerk of 
 the local authority, or leaving the same at his office with some person 
 employed there by him. 
 
 34. Any notice, demand, or other written document served by the 
 local authority for the purposes of this Act shall be signed by the 
 clerk of the local authority. 
 
 35. Where any person at any time obstructs the officer of health or 
 other person acting in the performance of anything which the local 
 authority or their officers respectively are by this Act required or 
 authorized to do, every person so offending shall for every such 
 offence forfeit not exceeding twenty pounds. 
 
 36. If the occupier of any premises prevents the owner thereof, or 
 if the owner or occupier of any premises prevents the officer of health, 
 or their officers, agents, servants, or workmen, from carrying into 
 effect with respect to the premises any of the provisions of this Act, 
 after notice of the intention so to do has been given to the occupier, 
 or, as the case shall be, to the owner, any justice on proof thereof 
 may make an order in writing requiring the occupier to permit the 
 owner, or, as the case shall be, requiring the owner or occupier, or 
 both, to permit the officer of health, or the local authority, and their 
 officers, agents, servants, and workmen, to do all things requisite for 
 carrying into effect with respect to the premises the provisions of this 
 Act ; and if at the expiration of ten days after the service of such 
 order of the justice the occupier or owner fails to comply therewith, 
 every person so offending shall for every day during which the failure 
 continues forfeit not exceeding twenty pounds : Provided that during 
 any such failure by the occupier the owner, unless assenting thereto, 
 shall not be liable to the forfeiture. 
 
 Appearance 37. The local authority may appear before any judge, justices, 
 
 of local antho- borough magistrates, sheriff, or sheriff substitute, by their clerk, and
 
 81 & 82 VICT. c, 130, S3. 3741. 553 
 
 any company or body corporate may appear before the said magis- Section 37. 
 trate or magistrates by any member of the'ir board of management. 
 
 38. Penalties under this Act may be recovered before two justices Eecovery of 
 in manner directed by an Act passed in the session holden in the penalties, 
 eleventh and twelfth years of the reign of Her Majesty Queen 
 Victoria, chapter forty-three, intituled "An Act to facilitate the 
 Performance of the Duties of Justices of the Peace out of Sessions 
 
 within England and Wales with respect to Summary Convictions 
 and Orders," or any Act amending the same, and in Scotland by 
 summary complaint before the sheriff, sheriff substitute, or two jus- 
 tices, or in boroughs before the magistrates, in manner provided by 
 " The Summary Procedure Act, 1864," and in Ireland in manner 
 directed by " The Petty Sessions (Ireland) Act, 1851," and any Act 
 amending the same. 
 
 39. For the purpose of adapting this Act to Scotland the follow- Application of 
 ing alteration shall be made ; that is to say, Act to Scot- 
 
 1. " The Lands Clauses Consolidation Act (Scotland) 1845," shall land. 
 
 ])e substituted for "The Lands Clauses Consolidation Act, 
 1845 : " 
 
 2. All the judicial powers given to justices in quarter sessions by 
 
 this Act shall be exercised by sheriffs of counties or sheriff 
 substitutes ; and wherever by this Act an appeal is given to 
 the court of quarter sessions, and thence to the court of 
 Queen's bench, such appeal shall be to the sheriff of the 
 county, and from him to the court of sessions in the usual 
 manner. 
 
 40. For the purpose of adapting this Act to Ireland the words Application 
 "The Lands Clauses Consolidation Act, 1845," shall mean "The of Act to 
 Railway Act, Ireland, 1851," and the several Acts amending the Ireland. 
 
 41. Any Act, power, or jurisdiction hereby authorized to be done Jurisdiction 
 or exercised by two justices may be done or exercised by the follow- of certain 
 ing magistrates within their respective jurisdictions ; that is to say : magistrates. 
 As to England, by any metropolitan police magistrate or other stipen- 
 diary magistrate sitting alone at a police court or other appointed 
 place, or by the lord mayor of the city of London, or any alderman 
 of the said city, sitting alone or with others, at the Mansion 
 House or Guildhall ; as to Scotland, by the sheriff or sheriff substi- 
 tute, or by any two magistrates of a burgh ; and as to Ireland, by 
 any one or more divisional magistrates of police in the police dis- 
 trict of Dublin, and elsewhere by two or more justices of the peace 
 in petty sessions.
 
 554 
 
 APPENDIX. THE ARTIZANS, &c., DWELLINGS ACT, 1868, 
 
 SCHEDULES. 
 FIRST SCHEDULE, 
 
 TABLE A. 
 ENGLAND AND WALES,. 
 
 Places to which Act applies. 
 
 Description of Local 
 Authority. 
 
 Description of Local 
 Rate. 
 
 Description of Clerk of 
 Local Authority. 
 
 The city of London andj 
 the liberties thereof. 
 
 Commissioners of 
 sewers of the city 
 
 The consolidated 
 rate 11 & 12 Viet. 
 
 The clerk to the 
 commissioners. 
 
 ( 11 & 12 Viet. 
 
 of London. 
 
 c. 163, s. 158. 
 
 11 & 12 Viet. 
 
 J c. 163. 
 
 Local Act 11 & 12 
 
 
 c. 163, s. 25. 
 
 Local Acts < 14 & 15 vict. 
 
 Viet. c. 163. 
 
 
 
 (. c. 91. 
 
 
 
 
 The Metropolis . . . 
 
 The vestries and dis- 
 trict boards under 
 
 Rate to be levied 
 for defraying the 
 
 Clerk of the vestries 
 or district boards. 
 
 
 the Act 18 & 19 
 
 expenses of the 
 
 
 
 Viet. c. 120, within 
 
 Act 18 & 19 Viet. 
 
 
 
 their respective 
 
 c. 120. 
 
 
 
 parishes and dis- 
 
 
 
 
 tricts. 
 
 
 
 Boroughs not within the 
 jurisdiction of such 
 
 The mayor, alder- 
 men, and bur- 
 
 The borough fund 
 or other property 
 
 The town clerk. 
 
 local board as afore- 
 
 gesses acting by 
 
 applicable to the 
 
 
 said. 
 
 the council. 
 
 purposes of a 
 
 
 
 
 borough rate or 
 
 
 
 
 the borough rate. 
 
 
 Any town not included 
 
 The commissioners, 
 
 Any rate leviable by 
 
 The clerk of the 
 
 in the above descrip- 
 
 trustees, or other 
 
 such commission- 
 
 commissioners or 
 
 tions and under the 
 jurisdiction of com- 
 missioners, trustees, 
 or other persons en- 
 
 persons entrusted 
 by the local Act 
 with powers of 
 improving, cleans- 
 
 ers, trustees, or 
 other persons, or 
 other funds ap- 
 plicable by them 
 
 trustees or other 
 persons or other 
 officer performing 
 the duties of clerk. 
 
 trusted by any local 
 
 ing, or paving the 
 
 to the purposes of 
 
 
 Act with powers of 
 
 town. 
 
 improving, cleans- 
 
 
 improving, cleansing, 
 
 
 ing, or paving the 
 
 
 or paving any town. 
 
 
 town. 
 
 
 Places within the juris- 
 
 The local board . . 
 
 General district rate 
 
 Clerk of the local 
 
 diction of local boards, 
 
 
 11 & 12 Viet. c. 63, 
 
 board or other 
 
 constituted in pursu- 
 ance of The Public 
 
 
 s. 87. 
 
 officer performing 
 duties of clerk. 
 
 Health Act, 1848, and 
 
 
 
 11 & 12 Viet. 
 
 The Local Govern- 
 
 
 
 c. 63, s. 37. 
 
 ment Act, 1858, or 
 
 
 
 
 one of such Acts. 
 
 

 
 31 & 32 VICT. c. 130, SCHED. 1. 
 
 555 
 
 Places to which Act applies. 
 
 Description of Local 
 Authority. 
 
 Description of Local 
 . Rate. 
 
 Description of Clerk of 
 Local Authority. 
 
 SCOTLAND. 
 
 Burghs . ... 
 
 The magistrates and 
 
 The revenue of tlic 
 
 Town Clerk. 
 
 
 town council. 
 
 burgh or the local 
 
 
 
 
 rate leviable for 
 
 
 
 
 prison purposes 
 
 
 
 
 under 23 & 24 
 
 
 
 
 Viet. c. 105, or 
 
 
 
 
 any other local 
 
 
 
 
 rate leviable by 
 
 
 
 
 the town council. 
 
 
 Places where police com- 
 
 The police or other 
 
 Property or rate 
 
 Clerk of the com- 
 
 missioners or trustees 
 
 commissioners or 
 
 belonging to or 
 
 missioners or trus- 
 
 exercise the functions 
 
 trustees. 
 
 leviable by the 
 
 tees or any other 
 
 of police commission- 
 ers acting under " The 
 
 
 commissioners or 
 trustees. 
 
 officer performing 
 the duties of clerk. 
 
 General Police and 
 
 
 
 
 Improvement (Scot- 
 
 
 
 
 land) Act," or trus- 
 
 
 
 
 tees or commissioners 
 
 
 
 
 acting under any ge- 
 
 
 
 
 neral or local Act. 
 
 
 
 
 IRELAND. 
 
 The City of Dublin . . 
 
 The right honour- 
 able the lord 
 
 The borough fund 
 or borough im- 
 
 The town clerk. 
 
 
 mayor, aldermen, 
 
 provement rate. 
 
 
 
 and burgesses act- 
 
 
 
 
 ing by the council. 
 
 
 
 Towns corporate or bo- 
 
 The mayor, alder- 
 
 The borough fund, 
 
 The town clerk. 
 
 roughs (with the ex- 
 
 men, and bur- 
 
 or town fund, or 
 
 
 ception of the city of 
 
 gesses acting by 
 
 borough rate. 
 
 
 Dublin). 
 
 the council. 
 
 
 
 Towns having town com- 
 missioners under 9 
 
 The town commis- 
 sioners or other 
 
 Any rate leviable by 
 these bodies, or 
 
 The clerk of the 
 commissioners or 
 
 Geo.4,c.82,orl7&18 
 
 governing body. 
 
 any fund belong- 
 
 other governing 
 
 Viet. c. 103, or any 
 
 
 ing to them ap- 
 
 body. 
 
 Acts amending the 
 
 
 plicable in the 
 
 
 same, or having com- 
 
 
 whole or in part 
 
 
 missioners or other 
 
 
 to the making 
 
 
 governing body under 
 
 
 or repairing of 
 
 
 any local Act. 
 
 
 sewers within 
 
 
 
 
 their jurisdictoin. 

 
 556 
 
 Sched. 2. 
 
 Insert 
 Description 
 of local 
 authority. 
 
 Insert 
 description 
 of premises 
 charged. 
 
 APPENDIX. THE ABTIZANS, &c., DWELLINGS ACT, 1868. 
 
 SECOND SCHEDULE. 
 
 FORM MARKED A. 
 
 TJie Artizans and Labourers Dwellings Act, 1868. 
 County of parish of No. 
 
 Charging Order. 
 
 The being the local authority under the above-mentioned Act, do, 
 
 by this order under their hands and seal, charge the inheritance or fee of 
 the premises mentioned in the schedule hereto, with the payment to 
 of the sum of pounds, payable yearly on the day of 
 
 for the term of years, and being in consideration of an expenditure 
 
 of pounds incurred by him in respect of the said premises. 
 
 * SCHEDULE. 
 
 FORM MARKED B. 
 
 Form of Assignment of Charge. 
 
 To be endorsed on Charging Order. 
 
 Dated tho day of 
 
 I, the within named , in pursuance of the Artizans and Labourers 
 
 Dwellings Act, 1868, and in consideration of pounds this day paid to 
 
 me, hereby assign to the within-mentioned charge. 
 
 (Signed) 
 
 THIRD SCHEDULE. 
 
 T. Form of Order by Court of Quarter Sessions or Petty Sessions or 
 Court of Burgh Magistrates in Scotland. 
 
 Be it remembered, that on the day of 18 upon the report 
 
 hereinafter mentioned, we, tho undersigned justices, assembled at tho court 
 of quarter sessions holdeu in and for the county of , or assembled in
 
 81 & 32 VICT. c. 180, SCHED. 8. 557 
 
 petty sessions for the division or district of the borough or county of , Sched. 3. 
 
 or members of the court of burgh magistrates for \_as the case may 
 
 be~], do hereby order and determine that one or more house or houses or 
 
 buildings situate in a certain court or alley within the borough or burgh, 
 
 known or designated as court or alley [or otherwise distinguishing the 
 
 premises'], and specified in the report of the officer of health for the 
 
 dated the day of 18 , is or are unfit for human habitation, and 
 
 ought to be improved or demolished [as the case may 5e], in pursuance of 
 
 " The Artizans and Labourers Dwellings Act, 1868." 
 
 II. Form of Notice by Clerk of tlie Peace, Clerk of tlie Justices, or Clerk 
 of the Court of Burgh Magistrates in Scotland to Clerk of Local 
 Authority. 
 
 Artizans and Labourers Dwellings Act, 1868. 
 
 I, A.S., clerk of the peace or clerk of the justices [or clerk of the court 
 of burgh magistrates] for the , do hereby certify, that on the 
 
 day of 18 the justices assembled at the court of quarter sessions, or 
 
 assembled at the petty sessions for the [or court of the burgh magis- 
 
 trates] [ea the case may be'], made an order, of which the following is a true 
 copy: 
 
 [Here give a copy of the Presentment, Form L] 
 
 As witness my hand, this day of in the year of our Lord 
 
 18 . 
 
 (Signed) (A.B.) clerk of the peace or clerk of the 
 
 justices for 
 
 [or clerk of the court of burgh magistrates]- 
 To the clerk of the of
 
 AN ACT 
 
 FOR FACILITATING THE IMPROVEMENT OF TH 
 DWELLINGS OF THE WORKING CLASSES IN LARGE 
 TOWNS (a). 
 
 38 & 39 VICT. CAP. 36. 
 
 29TH JUNE, 1875. 
 
 WHEREAS various portions of many cities and boroughs are so built, 
 and the buildings thereon are so densely inhabited as to be highly 
 injurious to the moral and physical welfare of the inhabitants : 
 
 And whereas there are in such portions of cities and boroughs as 
 aforesaid a great number of houses, courts, and 'alleys which, by 
 reason of the want of light, air, ventilation, or of proper conveniences, 
 or from other causes, are unfit for human habitation, and fevers and 
 diseases are constantly generated there, causing death and loss of 
 health, not only in the courts and alleys but also in other parts of 
 such cities and boroughs : 
 
 And whereas it often happens that owing to the above circum- 
 stances, and to the fact that such houses, courts, and alleys are the 
 property of several owners, it is not in the power of any one owner to 
 make such alterations as are necessary for the public health : 
 
 And whereas it is necessary for the public health that many of such 
 houses, courts, and alleys should be pulled down, and such portions 
 of the said cities and boroughs should be reconstructed : 
 
 And whereas in connexion with the reconstruction of those portions 
 of such cities and boroughs it is expedient that provision be made for 
 dwellings for the working class who may be displaced in consequence 
 thereof : 
 
 Be it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 (a) See section 2 as to application of the Act to certain districts arid 
 places by name, and to others according to population. The Acts confirm- 
 ing the improvement schemes promoted by the Metropolitan Board of Works 
 as the local authority of the metropolis (exclusive of the city of London and 
 its liberties), on the 31st December, 1878, were the Metropolis (White- 
 chapel and Limehouse) Improvement Scheme Confirmation Act, 39 & 40 
 Viet. c. 200 ; Metropolis (Golden Lane, &c.) Improvement, &c. Act, 40 & 
 41 Viet. c. 100 ; Metropolis (Goulston Street, &c. Whitechapel) Improve- 
 ment, &c. Act, 40 & 41 Viet. c. 103 ; Metropolis (Great Wild Street, &c.) 
 Improvement, &c. Act, 40 & 41 Viet. c. 133; Metropolis (Bowman's 
 Buildings, &c. Islington) Improvement, &c. Act, 41 & 42 Viet. c. 112. This 
 Act was amended by the Artizans and Labourers Dwellings Improvement 
 Act, 1879 (42 & 43 Viet. c. 63), which see post, p. 582.
 
 38 & 39 VICT. c. 36, ss. 13. 559 
 
 Section 1. 
 
 Preliminary. 
 
 1. This Act may be cited for all purposes as " The Artizans and Short title. 
 Labourers Dwellings Improvement Act, 1875." 
 
 x - Sh ^ ap ? ly only to Application 
 
 (1.1 The city of London ; and of Act to 
 
 (2.) The metropolis, exclusive of the city of London ; (c) and certain dis- 
 
 (3.) Urban sanitary districts in England containing, according to tricts, and 
 
 the last published census, for the time being a population of description 
 
 twenty-five thousand and upwards ; of lo cal 
 
 (4.) Urban sanitary districts in Ireland containing, according to the autn ority (b). 
 
 last published census, a population of twenty-five thousand 
 
 and upwards ; 
 and the local authority shall be as follows ; that is to say, _ 
 
 (1.) As respects the city of London, the commissioners of sewers ; 
 
 and 
 (2.) As respects the metropolis, the metropolitan board ot works ; 
 
 and 
 (3.) As respects each urban sanitary district, the urban sanitary 
 
 authority of that district. 
 
 PART I. 
 
 UNHEALTHY AREAS. 
 1. Sdwme by Local Authority. 
 
 3. Where an official representation as hereinafter mentioned (d) is Local autho- 
 rnade to the local authority (e) that any houses, courts, or alleys rit y on being 
 within a certain area under the jurisdiction of the local authority are satisfied by 
 unfit for human habitation, or that diseases indicating a generally 
 low condition of health amongst the population have been from time 
 to time prevalent in a certain area within the jurisdiction of the 
 local authority, and that such prevalence may reasonably be attri- sc 
 buted to the closeness, narrowness, and bad arrangement or the bad to makc 
 condition of the streets and houses or groups of houses within such sc h eme f or 
 area, or to the want of light, air, ventilation, or proper conveniences, j^s improve- 
 or to any other sanitary defects, or to one or more of such causes, and nient. 
 that the evils connected with such houses, courts, or alleys, and the 
 .sanitary defects in such area, cannot be effectually remedied other- 
 wise than by an improvement scheme for the re-arrangement and 
 reconstruction of the streets and houses within such area, or of some 
 of such streets or houses, the local authority shall take such repre- 
 
 (b) See provision in section 30 as to places in which local Acts are in 
 force, providing for objects the same as or similar to the objects of this 
 Act. 
 
 (c) Including the liberties thereof, see section 31. 
 (rf) See section 4. 
 
 (e) As to who are the " local authority" see section 2, supra.
 
 560 
 
 Section 3. 
 
 APPENDIX. THE AETIZANS, &c., DWELLINGS IMPROVEMENT 
 
 sentation into their consideration, and if satisfied of the truth thereof, 
 and of the sufficiency of their resources, shall pass a resolution to the 
 effect that such area is an unhealthy area, and that an improvement 
 scheme ought to be made in respect of such area (a), and after pass- 
 ing such resolution they shall forthwith proceed to make a scheme 
 for the improvement of such area (b). 
 
 Provided always, that no person being beneficially interested in 
 any lands within such area shall vote as members of the local 
 authority upon such resolution, or upon any question relating to the 
 purchase or taking of lands in which he is so interested. 
 
 If any person votes in contravention ot this proviso, he shall, on 
 
 summary conviction, incur a penalty not exceeding twenty pounds ; 
 ch vote shall not invalidate an resolu- 
 tion passed by the local authority. 
 
 Official 
 representa- 
 tion by 
 whom to be 
 made. 
 
 Requisites 
 of improve- 
 ment scheme 
 of local 
 authority (/). 
 
 but the fact of his giving suc 
 
 Provided always, that any number of such areas may be included 
 in one improvement scheme. 
 
 4. An official representation shall mean, in the metropolis, a repre- 
 sentation made by the medical officer of health of any district board, 
 or vestry, or by such medical officer as is hereafter in this Act men- 
 tioned, (c) to the local aiithority, and elsewhere shall mean a repre- 
 sentation made to the local authority by the medical officer of health 
 of such authority. A medical officer acting in pursuance of this Act 
 shall make such representation whenever he sees cause to make the 
 same ; (d) and if two or more justices of the peace acting within the 
 jurisdiction for which he is medical officer, or twelve or more persons 
 liable to be rated to any rate o\\t of the proceeds of Avhich the 
 expenses of the local authority under this Act are made payable, 
 complain to him of the unhealthiness of am area within such juris- 
 diction, it shall be the duty of the officer forthwith to inspect such 
 area, and to make an official representation stating the facts of the 
 case, and whether in his opinion the area is an unhealthy area or not 
 an unhealthy area, for the purposes of this Act (e). 
 
 5. The improvement scheme of a local authority shall be accom- 
 panied by maps, particulars, and estimates ; it may exclude any part 
 of the area in respect of which an. official representation is made, or 
 include any neighbouring lands, if the local authority are of opinion 
 that such exclusion is expedient or inclusion is necessary for making 
 their scheme efficient for sanitary purposes ; it may also provide for 
 widening any existing approaches to the unhealthy area or otherwise 
 
 persons of the working class as may be displaced in the area with 
 
 () As to proceeding where local authority fail to pass a resolution in 
 relation to an official representation, see section 8. 
 
 (b) As to requisite of improvement scheme, see section 6, and coufirma* 
 tion of scheme, section 6. 
 
 (c) See sections 13 and 14. 
 
 (d) See section 15, providing for inquiry where the medical officer fails 
 to make representation, &c. 
 
 (e) As to penalties for obstructing medical officers of health or officers of 
 the local or confirming authority, sec section 29> 
 
 (/) That part of this section which requires accommodation fol- the 
 working classes to be provided within the same area or its vicinity is 
 amended by the 4th section of the Artizans and Labourers Dwellings 
 Improvement Act, 1879, w
 
 ACT, 1875. 38 & 39 VICT. c. 36, ss. 5, 6. 561 
 
 respect to which the scheme is proposed, in suitable dwellings, which, Section 5. 
 
 unless there are any special reasons to the contrary, shall be situate 
 
 within the- limits of the same firea, or in the vicinity thereof ; it 
 
 shall also provide for proper sanitary arrangements. It may "also 
 
 provide for such scheme or any part thereof being carried out and 
 
 effected by the person entitled to the first estate of freehold in any 
 
 property subject to the scheme or with the concurrence of such 
 
 person, under the superintendence and control of the local authority, 
 
 and upon such terms and conditions to be embodied in the scheme as 
 
 may be agreed upon between the local authority and such person. 
 
 2. Confirmation of ticheme. (g) 
 
 6. Upon the completion of an improvement scheme the local Improve- 
 authority shall ment scheme 
 
 Publish, during three consecutive weeks in the month of September, by provi- 
 or October, or November, in some one and the same newspaper cir- sional order 
 culating within the jurisdiction of the local authority, an advertise- to be con ' 
 ment stating the fact of a scheme having been made, the limits of the trm . ed by 
 area to which the scheme relates, and naming a place within such P arliamen t 
 area or in the vicinity thereof where a copy of the scheme may be Publication 
 seen at all reasonable hours ; and, of notices. 
 
 During the month next following the month in which such adver- Service of 
 tisement is published serve a notice on every owner or reputed owner, notices, 
 lessee or reputed lessee, and occupier of any lands proposed to be (K) 
 taken compulsorily, so far as such persons can reasonably be ascer- 
 tained, stating that such lands are proposed to be taken compulsorily 
 for the purpose of an improvement scheme, and in the case of any 
 owner or reputed owner, lessee or reputed lessee, requiring an answer 
 stating whether the person so served dissents or not in respect of 
 taking such lands, such notice to be served 
 
 (a.) By. delivery of the same personally to the person required to 
 be served, or if such person is absent abroad, or cannot be 
 found, to his agent, or if no agent can be found, then by 
 leaving the same on the premises ; or, 
 
 (6.) By leaving the same at the usual or last known place of abode 
 of such person as aforesaid ; or, 
 
 (c.) By forwarding the same by post in a prepaid letter ad- 
 dressed to the usual or last known place of abode of such 
 person. 
 
 One notice addressed to the occupier or occupiers without naming 
 him or them, and left at any house, shall be deemed to be a notice 
 served on the occupier or on all the occupiers of any such house (i). 
 
 (g) The report of the board, dated the 31st December, 1877, presented 
 to parliament, gives a detailed and succint narrative of the operations of 
 the board under the Act, showing the number of official representations 
 made to them by the medical officers of the metropolis, and the course 
 adopted by the board with respect to each. The report sets forth their 
 proceedings in execution of the Acts already obtained, with tabular state- 
 ments showing in the case of each improvement the number of persons 
 displaced, the number of persons for whom accommodation is provided by 
 the respective schemes, the nature of such accommodation, and other 
 particulars relating to the improvements in question. 
 
 (h) See section 27, empowering confirming authority to dispense with 
 advertisements and notices in certain cases. 
 
 (i) See provision in section 11, requiring the local authority after the 
 passing of the confirming Act, to give notice of their intention to take 
 houses, by placards, handbills, &c., and as to the certificate of a justice. 
 2 o
 
 562 APPENDIX. THE AKTIZANS, &c., DWELLINGS IMPEDIMENT 
 
 Section 6. Upon compliance with, the provisions contained in this section 
 with respect to the publication of an advertisement and the service 
 of notices, the local authority shall present a petition, if such 
 aiithority be the commissioners of sewers or the metropolitan board 
 of works to a secretary of state, and if such authority be an urban 
 sanitary authority to the local government board, praying that an 
 order may be made confirming such scheme. The petition shall be 
 accompanied by a copy of the scheme, and shall state the names of 
 the owners or reputed owners, lessees or reputed lessees, who have 
 dissented in respect of the taking their lands, and shall be supported 
 by such evidence as the secretary of state or local government board, 
 according to the circumstances of the case (in this Act referred to as 
 the confirming authority), may from time to time require : 
 
 If, on consideration of the petition and on proof of the publication 
 of the proper advertisements and the service of the proper notices, 
 the confirming authority think fit to proceed with the case, they shall 
 direct a local inquiry (a) to be held in, or in the vicinity of, the area 
 to which the scheme relates, for the purpose of ascertaining the cor- 
 rectness of the official representation made as to the area and the 
 sufficiency of the scheme provided for its improvement, and any local 
 objections to be made to such scheme : 
 
 After receiving the report made upon such inquiry, the confirming 
 authority may make a provisional order declaring the limits of the 
 area to which the scheme relates, and authorizing such scheme to be 
 carried into execution. Such provisional order may be made either 
 absolutely or with such conditions and modifications of the scheme 
 as the confirming authority may think fit, so that no addition be 
 made to the lands proposed in the scheme to be taken compulsorily, 
 and it shall be the duty of the local authority to serve a copy of any 
 provisional order so made in the manner and upon the persons in 
 which and upon whom notices in respect of lands proposed to be 
 taken compulsorily are required by this Act to be served, except 
 tenants for a month or a less period than a month. 
 
 A provisional order made in pursuance of this section shall not be 
 of any validity until and unless it has been confirmed by Act of par- 
 liament ; and it shall be lawful for the confirming authority, as soon 
 as conveniently may be, to obtain such confirmation, and any provi- 
 sional order made in pursuance of this Act, when confirmed by par- 
 liament, with such modifications as may seem fit to parliament, shall 
 be deemed to be a public general Act of parliament, and is in this 
 Act referred to as the confirming Act. 
 
 The confirming authority may make such order as they think fit in 
 favour of any person whose lands were proposed by the scheme to be 
 taken compulsorily for the allowance of the reasonable costs, charges, 
 and expenses properly incurred by him in opposing such scheme. 
 
 All costs, charges, and expenses incurred by the confirming autho- 
 rity in relation to any provisional order under this Act shall, to such 
 amount as the confirming authority think proper to direct, and all 
 costs, charges, and expenses of any person to such amount as may be 
 allowed to him by the confirming authority in pursuance of the 
 aforesaid power, shall be deemed to be an expense incurred by the 
 local authority under this Act,(6) and shall be paid to the confirming 
 
 (a) See sections 16 and 17 as to proceedings where a local inquiry is 
 directed. 
 
 (b) See section 21 as to separate account by local authority of receipt 
 and expenditure under the Act> formation of " dwelling house improve* 
 inent fund, 5 ' definition of " local rates," borrowing powers^ and audit.
 
 ACT, 1875. 38 & 39 VICT. c. 36, ss. 69. 563 
 
 authority and to sucli person respectively, in such manner and at such Section 6. 
 
 times and either in one sum or by instalments as the confirming 
 
 authority may order, with power for the confirming authority to 
 
 direct interest to be paid at such rate not exceeding five pounds in 
 
 the hundred by the year as the confirming authority may cletennine, 
 
 upon any sum for the time being due in respect of such costs, charges, 
 
 and expenses as aforesaid. 
 
 Any order made by the confirming authority in pursuance of this 
 section may be made a rule of one of Her Majesty's superior courts, 
 and be enforced accordingly. 
 
 7. Where any bill for confirming a provisional order authorizing Costs to be 
 an improvement scheme is referred to a committee of either house of awarded in 
 parliament upon the petition of any person opposing such bill, the certain cases, 
 committee shall take into consideration the circumstances under which 
 
 such opposition is made to the bill, and whether such opposition was 
 or was not 'justified by such circumstances, and shall award costs 
 accordingly to be paid by the promoters or the opponents of the bill 
 as the committee may think just. 
 
 Any costs under this section may be taxed and recovered in the 
 manner in which costs may be taxed and recovered under the Act of 
 the session of the twenty-eighth and twenty-ninth years of the reign 
 of Her present Majesty, chapter twenty-seven. 
 
 The decision of the majority of the members of the committee for 
 the time being present and voting on any question under this section 
 shall be deemed to be the decision of the committee. 
 
 8. Where an official representation is made to the local authority Inquiry on 
 with a view to their passing a resolution in favour of an improvement refusal of 
 scheme, and they fail to pass any resolution in relation to such repre- local autho- 
 sentation, or pass a resolution to the effect that they will not proceed rity to make 
 with such scheme, such local authority shall, as soon as possible, send an improve- 
 a copy of the official representation, accompanied by their reasons for ment scheme, 
 not acting upon it, to the confirming authority, and upon the receipt 
 
 thereof, the confirming authority may direct a local inquiry to be 
 held, and a report to be made to them with respect to the correctness 
 of the official representation made to the local authority, and any 
 matters connected therewith on which the confirming authority may 
 desire to be informed. 
 
 3. Execution of Scheme by Local Authority. 
 
 9. When the confirming Act authorizing any improvement scheme Duty of local 
 of a local authority under this Act has been passed by parliament, it authority to 
 shall be the duty of that authority to take steps for purchasing the carry scheme 
 lands required for the scheme, (c) and otherwise for carrying the when con- 
 scheme into execution as soon as practicable. They may sell or let firmed, into 
 all or any part of the area to which such scheme relates to any pur- execution. 
 
 (c) By 41 & 42 Viet. c. 42 (Commutation of Tithes), in cases where land 
 charged with rent-charge in lieu of tithes is taken for, amongst other pur- 
 poses, the carrying out of any improvements under this Act, the persons 
 proposing to carry out the improvements shall, as soon as they are in pos- 
 session of the land, and before it is applied to the purposes mentioned, 
 apply to the Tithe Commissioners to order the redemption of the rent- 
 charge for a sum of money equal to twenty-five times the amount thereof; 
 2 o 2
 
 564 APPENDIX. THE ARTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 Section 9, chasers or lessees for the purposes and under the condition that such 
 purchasers or lessees will, as respects the land so purchased by or 
 
 leased to them, carry the scheme into execution ; and in particular 
 they may insert in any grant or lease of any part of the area provi- 
 sions binding the grantee or lessee to build thereon as in the grant 
 or lease prescribed, and to maintain and repair the buildings, and 
 prohibiting the division of buildings, and any addition to or altera- 
 tion of the character of buildings without the consent of the local 
 authority, and for the re-vesting of the land in the local authority, 
 or their re-entry thereon, on breach of any provision in the grant or 
 lease. The local authority may also engage with any body of trustees, 
 society or societies, persons or person, to carry the whole or any part 
 of such scheme into effect upon such terms as the local authority may 
 think expedient, but the local authority shall not themselves, with- 
 out the express approval of the confirming authority, undertake the 
 rebuilding of the houses or the execution of any part of the scheme, 
 except that they may take down any or all of the buildings upon the 
 area, and clear the whole or any part thereof, and may lay out, form, 
 pave, sewer, and complete all such streets upon the land purchased 
 by them as they may think fit, and all streets so laid out and com- 
 pleted shall thenceforth be public streets, repairable by the same 
 authority as other streets in the district. 
 
 Provided that in any grant or lease of any part of the area which 
 may be appropriated by the scheme for the erection of dwellings for 
 the working classes, the local authority shall impose suitable con- 
 ditions and restrictions as to the elevation, size, and design of the 
 houses, and the extent of the accommodation to be afforded thereby, 
 and shall make due provision for the maintenance of proper sanitary 
 arrangements. 
 
 Provided also, that in any case in which the local authority erect 
 any dwellings out of funds to be provided under this Act, they shall, 
 unless the confirming authority shall otherwise determine, sell and 
 dispose of all such dwellings within ten years from the time of the 
 completion thereof. 
 
 _The local authority may, where they think it expedient so to do, 
 without themselves acquiring the land, or after or subject to their 
 acquiring any part thereof, contract with the person entitled to the 
 first estate of freehold in any land comprised in an improvement 
 scheme for the carrying out of the scheme in respect of such land 
 by such person. 
 
 10. If within five years after the removal of any buildings on the 
 land set aside by any provisional order as sites for working men's 
 dwellings the local authority have failed to sell or let such land for 
 the purposes prescribed by the scheme, or have failed to make 
 arrangements for the erection of the said dwellings, the confirming 
 authority may order the said land to be sold by'piiblic auction or 
 public tender, with full power to fix a reserve price, subject to the 
 conditions imposed by the scheme, and to any modifications thereof 
 which may be made in pursuance of this Act, and to a special 
 condition on the part of the purchaser to erect upon the said land 
 dwellings for the working classes, in accordance with plans to be 
 approved by the local authority, and subject to such other reser- 
 vations and regulations as the confirming authority may deem 
 necessary. 
 
 Notice to 11. The local authority shall, not less than thirteen weeks before 
 
 occupiers by taking any fifteen houses or more, make known their intention to 
 placards. take the same by placards, handbills, or other general notices placed 
 
 Completion 
 of scheme 
 on failure 
 by local 
 authority.
 
 ACT, 1875. 38 & 39 VICT. c. 36, ss. 11, 12. 565 
 
 in public view upon or within a reasonable distance of such houses, Section 11. 
 and the local authority shall not take any such houses until they 
 
 have obtained a certificate of a justice of the peace that it has 
 been proved to his satisfaction that the local authority have made 
 known, in manner required by this section, their intention to take 
 such houses. 
 
 12. The confirming authority, on application from the local autho- Power of 
 rity, and on its being proved to their satisfaction that an improvement confirming 
 can be made in the details of any scheme, and that due provision has authority 
 been made or secured for the accommodation in suitable dwellings of to modify 
 as many persons of the working class as may be displaced in the area authorized 
 to which such scheme relates, either in manner provided by the scneme - 
 scheme or in some other manner, or will be more advantageously 
 made or secured under the proposed alteration, may permit the local 
 authority to modify any part of an improvement scheme authorized 
 by the confirming Act which it may appear inexpedient to carry into 
 execution in accordance with such Act. 
 
 A statement of any modifications permitted to be made in any 
 part of an improvement scheme in pursuance of this section shall 
 Be laid by the confirming authority before both houses of parliament 
 as soon as practicable after they are made, if parliament be then 
 sitting, and if not, within one month after the next meeting of par- 
 liament : provided always, that if such modification or alteration 
 shall require a larger public expenditure than that sanctioned by the 
 former scheme, or the taking of any property otherwise than by 
 agreement, or shall affect injuriously other property in a manner 
 different to that proposed in the former scheme without the consent 
 of the owner and occupier of any such property, it must be made by 
 provisional order to be confirmed by Act of parliament in the manner 
 provided in section six of this Act on the completion of an improve- 
 ment scheme.
 
 APPENDIX. THE ABTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 PART II. 
 
 PROVISIONS ANCILLARY TO IMPROVEMENT SCHEME. 
 
 Medical 
 officer of 
 health in 
 metropolis. 
 
 Provision in 
 
 medical 
 officer of 
 health. 
 
 Inquiry on 
 default of 
 medical 
 officer in 
 certain cases. 
 
 As to Local Authority. 
 1. Medical Officer. 
 
 13. The metropolitan board of works may, with the assent of a 
 secretary of state, at any time appoint one or more legally qualified 
 medical practitioner or practitioners, with such remuneration as they 
 think fit, for the purpose of better carrying into effect this Act in the 
 metropolis. Any officer so appointed by the metropolitan board of 
 works shall be deemed to be a medical officer of health of a local 
 authority within the meaning of this Act, and shall perform the duties 
 and be subject to the liabilities which such medical officer is by this 
 Act required to perform and be subject to. 
 
 14. In case of the illness or unavoidable absence of the medical 
 officer of health, the district board, vestry, or local authority, as the 
 case may be, may (subject to the approval of the confirming aiitho- 
 rity) appoint a duly qualified medical practitioner, who shall for the 
 period of six calendar months, or any less period to be named in the 
 appointment, have and perform all the powers and duties of a medical 
 officer of health under this Act. 
 
 15. Where twelve or more ratepayers have complained to a medical 
 officer of the unhealthiness of any area within the jurisdiction of such 
 officer, and the medical officer has failed to inspect such area, or to 
 make an official representation with respect thereto, or has made an 
 official representation to the effect that in his opinion the area is not 
 an unhealthy area, such ratepayers may appeal to the confirming 
 authority, and, upon their giving security to the satisfaction of 
 that authority for costs, the confirming authority shall appoint a 
 medical officer to inspect such area and to make representation to 
 the confirming authority, stating the facts of the case, and whether, 
 in his opinion, the area is an i\nhealthy area or not an unhealthy 
 area. The representation so made shall be transmitted by the 
 confirming authority to the local authority, and if it state that the 
 area is an unhealthy area the local authority shall proceed therein in 
 the same manner as if it were an official representation made to that 
 authority. 
 
 The confirming authority shall make such order as to the costs of 
 the inquiry as they think just, with power to require the whole or 
 any part of such costs to be paid by the appellants where the officer 
 appointed is of opinion that the area is not an unhealthy area, and to 
 declare the whole or any part of such costs to be payable by the 
 local authority where such officer is of opinion that the area is an 
 unhealthy area. 
 
 Any order made by the confirming authority in pursuance of this 
 section may be made a rule of one of Her Majesty's superior courts, 
 and be enforced accordingly.
 
 ACT, 1875. 38 & 39 VICT. c. 36, ss. 1619. 
 
 2. Local inquiry. 
 
 567 
 
 Section 16, 
 
 16. Where a local inquiry is directed, an officer shall be sent by Proceedings 
 the confirming authority to the area to which such inquiry relates on local 
 for the purpose of making an inquiry into the correctness of the inquiry, 
 official representation made to the local authority as to such area being 
 
 an unhealthy area, and into the sufficiency of the scheme provided 
 for its improvement, and into any local objections to be made to 
 such scheme. 
 
 17. Before commencing such inquiry the officer appointed to con- Notice of 
 duct the same shall make public by advertisement or otherwise in inquiry to 
 such manner as he thinks best calculated to give information to the be publicly 
 persons residing in the area his intention to make such inquiry, and given. 
 
 a statement of a time and place at which he will be prepared to hear 
 all persons desirous of being heard before him upon the subject of 
 the inquiry. 
 
 18. The officer conducting such inquiry shall have power to ad- Power to 
 minister an oath ; he shall report the result of the inquiry to the administer 
 confirming authority, who shall deal with such report in such manner oath. 
 
 as they think expedient. 
 
 3. Acquisition of Land. 
 
 19. (1.) The clauses of the Lands Clauses Consolidation Act, 1845, Acquisition 
 with respect to the purchase and taking of lands otherwise than by of land (). 
 agreement shall not, except to the extent set forth in the schedule 
 
 hereto, apply to any lands taken in pursuance of this Act, but save 
 as aforesaid the said Lands Clauses Consolidation Act, 1845, and the 
 Lands Clauses Consolidation Act Amendment Act, 1860, as amended 
 by the provisions contained in the schedule hereto, shall regulate and 
 apply to the purchase and taking of lands in England, and shall for 
 that purpose be deemed to form part of this Act in the same manner 
 as if they were enacted in the body thereof ; and (2.) " The Lands 
 Clauses Consolidation Act, 1845," as amended by " The Lands Clauses 
 Consolidation Act, 1860," " The Eailways Act (Ireland), 1851," 
 The Railways Act (Ireland) 1860," " The Railways Act (Ireland), 
 1864," and "The Railways Traverse Act," shall, subject to the pro- 
 visions following, regulate and apply to the purchase and taking of 
 lands in Ireland, and shall for this purpose be deemed to form part 
 of this Act, in the same manner as if they were enacted in the body 
 hereof, 
 
 Subject, as respects both England and Ireland, to the provisions 
 following ; that is to say, 
 
 (1.) This Act shall authorize the taking by agreement any lands 
 which the local authority may require for the purpose of 
 carrying into effect the scheme authorized by any confirm- 
 ing Act, but it shall authorize the taking by the exercise of 
 
 (a) By section 31 denned to include messuages, lands, tenements, and 
 hereditaments of any tenure, and any right over land ; and see as to redemp- 
 tion of rentcharge on lands purchased, note to section 9, supra.
 
 568 APPENDIX. THE ARTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 Section 19. anv compulsory powers of such lands only as are proposed 
 
 -~- v by the scheme in the confirming Act to be taken com- 
 
 pulsorily. 
 
 (2.) Whenever the compensation payable in respect of any lands 
 or of any interest in any lands proposed to be taken com- 
 pulsorily in pursuance of this Act requires to be assessed, (a) 
 the estimate of the value of such lands or interests shall be 
 based upon the fair market value, as estimated at the time 
 of the valuation being made of such lands, and of the 
 several interests in such lands, due regard being had to the 
 nature and then condition of the property, and the probable 
 duration of the buildings in their existing state, and to the 
 state of repair thereof, and all circumstances affecting such 
 value, without any additional allowance in respect of the 
 compulsory purchase of an area or of any part of an area in 
 respect of which an official representation has been made, or 
 of any lands which in the (opinion of the arbitrator have 
 been included in a scheme as falling under the description of 
 property named in the third section of this Act : 
 (3.) In the construction of the said Lands Clauses Consolidation 
 Acts, and the provisions in the said schedule, this Act 
 shall be deemed to be the special Act, and the local au- 
 thority shall be deemed to be the promoters of the under- 
 taking ; and the period after which the powers for the 
 compulsory purchase or taking of lands shall not be exercised 
 shall be three years after the passing of the confirming Act. 
 
 Extinction of 20- Upon the purchase by the local authority of any lands required 
 right? of way j for the purpose of carrying into effect any scheme authorized by a 
 
 and other 
 easements,. 
 
 confirming Act, all rights of way, rights of laying down or of con- 
 tinuing any pipes, sewers, or drains on, through, or under such lands, 
 or part thereof^and all other rights or easements in or relating to 
 such lands, or any part thereof, shall be extinguished, and all the soil 
 of such ways, and the property in the pipes, sewers, or drains, shall 
 vest in the local authority, subject to this provision that compensation 
 shall be paid by the local authority to any persons or bodies of per- 
 sons proved to have sustained loss by this section, and such com- 
 pensation shall be determined in the manner in which compensation 
 for lands is determinable under this Act, or as near thereto as circum- 
 stances admit. 
 
 Formation of 
 improvement 
 fund for 
 purposes of 
 this Act. 
 
 21. A separate account shall be kept by the local authorityof their 
 receipts and expenditure in respect of any transactions under this Act. 
 Their receipts shall form a fund (in this Act referred to as " The 
 Dwelling-house Improvement Fund "), and their expenditure shall 
 be made out of such fund. 
 
 The moneys required in the first instance to establish such fund, 
 and any deficiency for the purposes of this Act from time to time 
 appearing in such fund by reason of the excess of expenditure over 
 receipts, shall be supplied out of the local rates or out of moneys 
 borrowed in pursuance of this Act. 
 
 In settling any accounts of the local authority in respect of any 
 transactions under this Act, care shall be taken that as far as may 
 
 (a) See amendment of this provision by the third section of the Artizans 
 and Labourers Dwellings Improvement Act, 1879 (post), authorizing the 
 arbitrator to receive evidence that the property was in such a condition as 
 to be a nuisance within the Acts relating to nuisances.
 
 ACT, 1875. 38 & 39 VICT. c. 36, ss, 21, 22. 569 
 
 be practicable all expenditure shall ultimately be defrayed out of Section 21. 
 the property dealt with under this Act ; and any balance of profit 
 
 made by the local authority under this Act shall be applicable to any 
 purposes to which the local rates are for the time being applicable. 
 
 The local rates shall, in the case of the commissioners of sewers, 
 mean the sewer rate and the consolidated rate leviable by such com- 
 missioners, or either of such rates. 
 
 The metropolitan board of works shall levy as part of the metro- 
 politan consolidated rate within the area of the metropolis, without 
 making any demand on the city of London, a sufficient amount for the 
 purposes of this Act, and the part so levied shall, for the purposes of 
 this Act, in the case of the metropolitan board of works, be referred to 
 and included under the expression " local rates." 
 
 The " local rates " shall in the case of an urban sanitary authority 
 mean all or any rates or rate levied throughout the district of such 
 authority, and out of which the local authority is authorized to pay 
 any expenses incurred under the Sanitary Acts, as denned by the 
 Public Health Act, 1872, and by the Public Health (Ireland) Act, 
 1874. 
 
 The local authority may carry to the account of the Dwelling-house 
 Improvement Fund any moneys or the produce of any property, which 
 moneys or produce are or is legally applicable to purposes similar to 
 the purposes of this Act ; and in case of doubt as to whether, in any 
 particular case, the purposes are similar to the purposes of this Act, 
 it shall be lawful for the confirming authority to decide such question, 
 and such decision shall be conclusive. 
 
 22. Any local authority under this Act may for the purposes of this Power of 
 Act borrow any moneys on the security of any lands, houses, or other borrowing 
 property acquired by them under this Act, and may mortgage such money for 
 lands, houses, or other property to any person advancing such moneys, the purposes 
 and it shall not be in any way incumbent on the mortgagees to see to 
 the application of such moneys, nor shall they be responsible for the 
 misapplication thereof. 
 
 Every local authority borrowing on the credit of such lands, houses, 
 or other property as aforesaid may pay out of local rates the interest 
 of any moneys so borrowed by them. 
 
 Any local authority under this Act borrowing any moneys on the 
 security of any lands, houses, or other property as aforesaid may execute 
 such instruments by way of security, with such power of sale and 
 other conditions as they think expedient. 
 
 An urban sanitary authority shall have the same power of borrow- 
 ing on the credit of the local rates such sums of money as they may 
 require for the purposes of this Act as they have under section forty 
 of the Public Health Act, 1872, or under the Public Health (Ireland) 
 Act, 1874, for sanitary purposes. 
 
 The commissioners of sewers may borrow and take up at interest 
 such money on the credit of the local rates, or any of them, as they may 
 require for the purposes of this Act and may mortgage any such rate 
 or rates to the persons by or on behalf of whom such money is ad- 
 vanced for securing the repayment to them of the sums borrowed, 
 with interest thereon, and for the purposes of any mortgages so made 
 by the commissioners of sewers the clauses of the Commissioners 
 Clauses Act, 1847, with respect to the mortgages to be executed by 
 the commissioners shall be incorporated with this Act ; and in the 
 construction of that Act " the special Act " shall mean this Act ; " the 
 commissioners " shall mean the commissioners of sewers ; " the clerk 
 of the commissioners" shall include any officer appointed for the pur-
 
 570 APPENDIX. THE ABTIZANS, &c., DWELLINGS IMPEOVEMEKT 
 
 Section 22. P ose ty tne commissioners of sewers by this Act ; and the mortgagees 
 or assignees of any mortgage made as last aforesaid may enforce pay- 
 ment of the arrears of principal and interest due to them by the 
 appointment of a receiver. 
 
 The metropolitan board of works may, with the assent of the 
 treasury, create consolidated stock under the Metropolitan Board of 
 Works (Loans) Act, 1869, for the purpose of raising such sums as they 
 may require for the purposes of this Act, but there shall be repaid to 
 the consolidated rate out of the local rate all moneys required for pay- 
 ment of the dividends on and the redemption of the consolidated stock 
 created for the purposes of this Act. 
 
 The public works loans commissioners, or, in the case of Ireland, the 
 commissioners of public works, acting with the consent of the treasury, 
 may, on the recommendation of the confirming authority, lend to any 
 local authority any money required by them for purposes of this Act, 
 on the security, in the case of the metropolitan board of works, of 
 consolidated stock created under the Metropolitan Board of Works 
 (Loans) Act, 1869, and in any other case on the security of the local 
 rates. Such loan shall be repaid within such period, not exceeding 
 fifty years, as may be recommended by the confirming authority, 
 and shall bear interest at the rate of three and a half per cent per 
 annum, or such higher rate as may in the judgment of the treasury 
 be necessary to enable the loan to be made without loss to the 
 exchequer. 
 
 Any limit imposed on or in respect of local rates by any Act of 
 parliament other than this Act shall not apply to any rate required 
 to be levied for the purpose of defraying any expenses under this 
 Act. 
 
 iudit of 23. The accounts of the commissioners of sewers and the accounts 
 
 accounts. of the metropolitan board of works under this Act shall respectively 
 
 be audited in the same manner and with the same power in the 
 officers auditing the same in which the accounts of those bodies 
 when acting in their capacities of commissioners of sewers and 
 metropolitan board of works, are for the time being required to be 
 audited by law (a). 
 
 The accounts of an urban sanitary authority under this Act shall 
 be audited in the same manner and with the same power in the 
 officers auditing the same in which the accounts of that authority in 
 its character of sanitary authority are for the time being required 
 to be audited by law. 
 
 (a) That is, pursuant to section 192, et seq., of Metropolis Local Manage- 
 ment Act, 1855, ante.
 
 ACT, 1875. 38 & 39 VICT. c, 36, ss. 2430. 571 
 
 Section 24. 
 PART III. 
 
 GENERAL PROVISIONS. 
 
 24. Any petition or document proceeding from a local authority Provision 
 may "be authenticated by their seal where such authority have a seal, where local 
 and in any other case by the signature of any two or more members authority 
 of the local authority, or in such other manner as the confirming ^ as no sea ^ 
 authority may require. 
 
 Notices. 
 
 25. Any notice required to be served upon the local authority may Service of 
 be lawfully served by delivering the same to the clerk of the local au- notice on 
 thority, or leaving the same at his office with some person employed the local 
 there by him. authority. 
 
 26. The confirming authority may from time to time by order Power of 
 prescribe the forms of advertisements and notices under this Act ; it confirming 
 shall not be obligatory on any persons to adopt such forms, but the authority as 
 same, when adopted, shall be deemed sufficient for all the purposes * adver- 
 of this Act. tiseinents 
 
 and notices. 
 
 27. The confirming authority may, on the consideration of any Power of 
 petition of a local authority for an order confirming a scheme, dispense confirming 
 with the publication of any advertisement, or the service of any notice, authority to 
 proof of which publication or service is not given to them as required dispense ^ 
 by this Act, where reasonable cause is shownito their satisfaction why w ith ntic 
 such publication or service should be dispensed with, and such dis- in cer tain 
 pensation may be made by the confirming authority, either uncondi- cases - 
 tionally or upon such condition as to the publication of other 
 advertisements and the service of other notices or otherwise as the 
 confirming authority may think fit, due care being taken by the 
 confirming authority to prevent the interest of any person being 
 prejudiced by the fact of the publication of any advertisement or 
 
 the service of any notice being dispensed with in pursuance of this 
 section. 
 
 28. Any notice served by the local authority for the purposes of this Authentica- 
 Act may be signed by the clerk of the local authority. tion f 
 
 served by" 
 
 Penalties. the local 
 
 authority. 
 
 29. Where any person obstructs the officer of health or any officer p ena it y f or 
 of the local or confirming authority acting in the performance of obstructing 
 anything which the local or confirming authority are by this Act officers in 
 required or authorized to do, every person so offending shall, on execution of 
 summary conviction, for every such offence forfeit a sum not exceed- Act. 
 
 ing twenty pounds. 
 
 Saving Clauses. 
 
 30. Where in any place to which this Act applies, any local Act is Relation of 
 in force providing for objects the same as or similar to the objects of local Acts to 
 
 general Acts. 
 
 notices
 
 572 
 Section 30. 
 
 Definitions 
 of terms of 
 Act. 
 
 " Secretary 
 of state." 
 " Person." 
 ' Lands." 
 
 " The city of 
 London." 
 
 " The Metro- 
 polis." 
 
 " A district 
 
 board or 
 
 vestry." 
 
 "Medical 
 
 officer of 
 
 health," 
 
 "Local 
 
 Government 
 
 Board." 
 
 "Clerk of 
 local autho- 
 rity." 
 
 " Superior 
 courts." 
 
 " The trea- 
 sury." 
 
 "This Act." 
 
 APPENDIX. THE ARTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 this Act (a), the enactments of such local Act may be enforced 
 at the discretion of the local authority either instead of or in concur- 
 rence with this Act ; provided that the local authority of any place 
 to which this Act applies shall not, by reason of any local Act within 
 its jurisdiction, be exempted from the performance of any duty or 
 obligation to which such authority are subject under this Act. 
 
 Definitions. 
 
 31. The expressions hereinafter mentioned shall respectively have 
 the meanings hereby assigned to them, unless there is something in 
 the context inconsistent with such meanings ; that is to say, 
 
 "Secretary of state" means one of Her Majesty's principal secreta- 
 ries of state : 
 
 "Person" shall include a body of persons, corporate or unin- 
 corporate : 
 
 " Lands " shall include messuages, lands, tenenements, heredita- 
 ments of any tenure, and any right over land : 
 
 " The city of London" shall include the liberties thereof : 
 
 " The metropolis " shall not include the city of London or the liber- 
 ties thereof, but shall include all other parishes or places within 
 the jurisdiction of the metropolitan board of works : 
 
 " A district board or vestry " within the metropolis means a dis- 
 trict board or vestry as incorporated by the Metropolis Manage- 
 ment Act, 1855: 
 
 " Medical officer of health " shall, in the case of Ireland, mean 
 consulting sanitary officer: 
 
 " Local government board " shall, in the case of Ireland, mean 
 Local Government Board of Ireland: 
 
 "Clerk of local authority" shall, in the case of Ireland, mean 
 executive sanitary officer and acting clerk: 
 
 "Superior courts" shall mean, in the case of Ireland, Her 
 Majesty's superior courts in Ireland : 
 
 " The treasury " shall mean the lords commissioners of the trea- 
 sury, or any two of them: 
 
 "This Act" includes any confirming Act as hereinbefore defined. 
 
 SCHEDULE. (&) 
 
 Provisions with respect to the purchase and taking of lands in 
 England otherwise than by agreement, and otherwise amending the 
 Lands Clauses Act, 1845. 
 
 Deposit of Maps and Plans. 
 
 (1.) The local authority shall as soon as practicable after the pass- 
 ing of the confirming Act cause to be made out, and to be 
 
 (a) By section 31 the expression " this Act," is defined to include any 
 confirming Act. 
 
 (V) By the Artizans .and Labourers Dwellings Improvement Act, 1879, 
 section 2 (post), this schedule is to be construed as if the schedule to that 
 Act formed part thereof,
 
 ACT, 1875. 38 & 39 VICT. c. 36 SCHED. 573 
 
 signed by their clerk or some other principal officer ap- Schedule, 
 pointed by them, maps and schedules of all lauds proposed 
 
 to be taken compulsorily (which lands are hereinafter re- 
 ferred to as the scheduled lands), together with the names, 
 so far as the same can be reasonably ascertained, of all 
 persons interested in such lands as owners or reputed 
 owners, lessees, or reputed lessees, or occupiers. 
 
 (2.) The maps made by the local authority shall be upon such 
 scale and be framed in such manner as may be prescribed 
 by the confirming authority. 
 
 (3.) The local authority shall deposit such maps and schedules at 
 the office of the confirming authority, and shall deposit and 
 keep copies of such maps and schedules at the office of the 
 local authority. 
 
 Appointment of Arbitrator. 
 
 (4.) After such deposit at the office of the confirming authority as 
 aforesaid, it shall be lawful for the confirming authority, 
 upon the application of the local authority, to appoint an 
 arbitrator between the local authority and the persons 
 interested in such of the scheduled lands, or lands in- 
 juriously affected by the execution of such scheme, so far 
 as compensation for the same has not been made the subject 
 of agreement. 
 
 Proceedings on Arbitration. 
 
 (5.) Before any arbitrator enters upon any inquiry he shall, in the 
 presence of a justice of the peace, make and subscribe the 
 following declaration ; that is to say, 
 
 " I, A.B., do solemnly and sincerely declare, that I will faithfully 
 and honestly, and to the best of my skill and ability, hear and 
 determine the matters referred to me under the provisions of the 
 Artizans and Labourers Dwellings Improvement Act, 1875. 
 
 "A. B. 
 
 " Made and subscribed in the presence of 
 
 And such declaration shall be annexed to the award when made ; 
 and if any arbitrator, having made such declaration, wilfully act 
 contrary thereto, he shall be guilty of a misdemeanor. 
 
 (6.) As soon as an arbitrator has been appointed as aforesaid, the 
 confirming authority shall deliver to him the maps and 
 schedules deposited at their office, and the local authority 
 shall publish once in each of three successive weeks the 
 following particulars : 
 (,) The appointment of the arbitrator: 
 
 (&.) The deposit at the office of the local authority of the copies 
 of such maps and schedules as aforesaid, with a descrip- 
 tion of the situation of such office, and a statement of 
 the time at which such copies may be inspected by any 
 person desirous of inspecting the same : 
 
 (c.) A requisition directing the owners of or parties by this Act 
 enabled to sell and convey or release any of the said 
 scheduled lands, or any lands injuriously affected by the 
 execution of the scheme of the local authority or any 
 interest in such lands, to deliver to the arbitrator, on or
 
 574 APPENDIX. THE ARTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 Schedule. before a day fixed by the arbitrator and named in such 
 
 requisition (and being a day not earlier than twenty-one 
 
 days from the date of the insertion of the last of such 
 notices), a short statement in writing of the nature of 
 their respective claims. 
 
 (7.) The arbitrator shall, after the expiration of the period within 
 which such claims are required to be delivered to him as 
 aforesaid, and so far as such claims may not be settled by 
 agreement, proceed to inquire into and adjudicate according 
 to the basis provided in this Act upon the compensation to 
 be paid in respect of the scheduled lands, and of the 
 several interests in such lands, and the compensation to be 
 made for injury to any lands as are mentioned in his ap- 
 pointment injuriously affected by the execution of the 
 scheme of the local authority. 
 
 (8.) The arbitrator shall, after due inquiry and examination, frame 
 a provisional award, setting forth the compensation to be 
 paid by the local authority in respect of the several inte- 
 rests in the said scheduled lands, and also, where any in- 
 quiry relates to injury to any lands injuriously affected by 
 the execution of the scheme of the local authority, the 
 compensation payable in respect of such injury. 
 
 (9.) The provisional award shall be deposited at the office of the 
 confirming authority, and a copy shall be deposited at the 
 office of the local authority. 
 
 (10.) The arbitrator shall cause notice of such award to be given 
 to all persons entitled to compensation under the same, or 
 who have made a claim before such arbitrator as claimants 
 for compensation ; the arbitrator shall cause notice to be 
 published once in each of three successive weeks, stating 
 that a copy of the provisional award has been deposited at 
 the office of the local authority, and he shall in the notice 
 of the award given to such persons as aforesaid, and also 
 in the published notice, appoint a time and place, or 
 times and places, for holding a meeting or meetings to hear 
 objections against such provisional award (the first such 
 meeting to be not earlier than twenty-one days after the 
 last day of publication of the said notice). 
 
 (11.) The arbitrator shall hold such meeting or meetings according 
 to such notices, and thereat hear and determine} any ob- 
 jections which may then and there be made to such pro- 
 visional award by any person interested therein, or adjourn 
 the further hearing thereof, if the arbitrator see fit, to a 
 future meeting, and may take any measures which he may 
 deem proper for ascertaining the compensation payable in 
 respect of any such lands or interests as aforesaid, or the 
 justice or propriety or any other matter of such provisional 
 award, and may from time to time, if he see occasion, ap- 
 point and hold further meetings forbearing and determining 
 objections to such provisional award, of Avhich further 
 meetings, when not holden by adjournment, notipe shall be 
 given in manner hereinbefore directed. 
 
 (12.) When the arbitrator has heard and determined all such ob- 
 jections, and made such inquiries as he may think neces- 
 sary in relation thereto, and made such alterations (if any) 
 as he may deem proper in the provisional award, he shall 
 confirm such award under his hand and seal accordingly ; 
 and thereupon such award shall be final, and be binding
 
 ACT, 1875. 38 & 39 VICT. c. 36. SCHED. 575 
 
 and conclusive (subject to the provisions concerning an Schedule, 
 appeal hereinafter contained) upon all persons whomsoever, 
 and no such award shall be set aside for irregularity in 
 matter of form. 
 
 (13.) Such final award as aforesaid shall be deposited at the office 
 of the confirming authority, and a copy thereof shall be 
 deposited at the office of the local authority, and the local 
 authority shall thereupon publish once in each of three suc- 
 cessive weeks notice of the deposit having been made at the 
 office of the local authority of a copy of the award so con- 
 firmed, and a further notice requiring all persons claiming 
 to have any right to or interest in the lands (the compensa- 
 tion to be paid in respect of which is ascertained by such 
 award) to deliver to the local authority, on or before a day 
 to be named in such notice (such day not being earlier than 
 twenty-one days from the date of the last publication of 
 the notice), a short statement in writing of the nature of 
 such claim, and a short abstract of the title on which the 
 same is ftnmded ; and such statement and abstract shall be 
 paid for by the local authority. Such abstract of title, in 
 the case of a person claiming a fee simple interest in the 
 land, shall commence twenty years previous to the date of 
 the claim, except there has been an absolute conveyance on 
 sale within twenty years, and more than ten years, previous 
 to the claim when the abstract shall commence with such 
 conveyance. 
 
 Payment of Purcluise Moiuy. 
 
 (14.) Within thirty days from the delivery of sucli statement and 
 abstract as aforesaid to the local authority, the local autho- 
 rity shall, where it appears to them that any person so 
 claiming is absolutely entitled to the lands, estate, or inte- 
 rest claimed by him, deliver to such person on demand, a 
 certificate stating the amount of the compensation to which 
 he is entitled under the said award. 
 
 (15.) Every such certificate shall be prepared by and at the costs of 
 the local authority ; and where any agreement has been 
 entered into as to the compensation payable in respect of 
 the interest of any person in any lands, the local authority 
 may, where it appears to them that such person is abso- 
 lutely entitled, deliver to such person a like certificate. 
 
 (16.) The local authority shall, thirty days after demand, pay to 
 the party to whom any such certificate is given, or otherwise 
 as herein provided in the cases hereinafter mentioned, the 
 amount of moneys specified to be payable by such certifi- 
 cate to the party to whom or in whose favour such certifi- 
 cate is given, His or her executors, administrators, or 
 assigns. 
 
 (17.) If the local authority Avilfully make default in such pay- 
 ment as aforesaid, then the party named in such certificate 
 shall be entitled to enter up judgment against the local 
 authority in any of Her Majesty's superior courts of law at 
 Westminster, or in any court to which the jurisdiction of 
 such courts may be transferred (a), for the amount of the 
 
 (a) Now, under Supreme Court of Judicature Act, 1873, to one of the 
 divisions of the High Court of Justice.
 
 APPENDIX. THE ARTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 Schedule. imms specified, in such certificate, in the same manner in all 
 
 respects as if he had been, by warrant of attorney from the 
 local authority, authorized to enter up judgment for the 
 amount mentioned in the certificate, with costs, as is usual 
 in like cases ; and all moneys payable under such certifi- 
 cates, or to be recovered by such judgments as aforesaid, 
 shall at law and in equity 'be taken as personal estate as 
 from the time of the local authority entering on any such 
 lands as aforesaid. 
 
 (18.) When and so soon as the local authority have paid to the 
 party to whom, any such certificate as aforesaid is given, or 
 otherwise, as herein provided, in the cases hereinafter men- 
 tioned, the amount specified to be payable by such certifi- 
 cate to the party to whom or in whose favour the certificate 
 is given, his executors, administrators, or assigns, it shall be 
 lawful for the local authority, upon obtaining such receipt 
 as hereinafter mentioned, from time to time to enter upon 
 any lands in respect of which such certificate is given, and 
 thenceforth to hold the same for the estate or interest in 
 respect of which the amount specified in such certificate 
 was payable. 
 
 (19.) In every case in which any moneys are paid by any local 
 authority under this Act, for such compensation as aforesaid, 
 the party receiving such moneys shall give to the local 
 authority a receipt for the same, and such receipt shall have 
 the effect of a grant, release, and conveyance of all the 
 estate and interest of such party, and of all parties claim- 
 ing under or through him, in the lands in respect of which 
 such monies are paid, provided such receipt has an ad 
 valorem stamp of the same amount impressed thereon in 
 respect of the purchase moneys mentioned in such certifi- 
 cate as would have been necessary if such receipt had been 
 an actual conveyance of such estate or interest, every such 
 receipt to be prepared by and at the costs of the local 
 authority. 
 
 (20.) If it appear to the local authority, from any such statement 
 and abstract as aforesaid, or otherwise, that the party 
 making any such claim as aforesaid is not absolutely en- 
 titled to the lands, estate, or interest in respect of which 
 his claim is made, or is under any disability, or if the title 
 to such lands, estate, or interest be not satisfactorily deduced 
 to the local authority, then and in every such case the 
 amount to be paid by the local authority in respect of such 
 lands, estate, or interest as aforesaid shall be paid and 
 applied as provided by the clauses of the Lands Clauses 
 Consolidation Act, 1845, as amended by the Court of 
 Chancery Funds Act, 1872, " with respect to the purchase 
 money or compensation coming to parties having limited 
 interests, or prevented from treating, or not making title." 
 
 (21.) Where any person claiming any right or interest in any 
 lands refuses to produce his title to the same, or where the 
 local authority have under the provisions of this Act taken 
 possession of any lands in respect of the compensation 
 whereof, or of any estate or interest wherein, no claim 
 has been made within one year from the time of the local 
 authority taking possession, or if any party to whom any 
 such certificate has been given or tendered refuses to receive 
 such certificate, or to accept the amount therein specified
 
 ACT, 1875. 38 & 39 VICT. c. 36. SCKED. 577 
 
 as payable to him, then and in any such case the amount Schedule, 
 payable by the local authority in respect of such lands 
 
 estate, or interest, or the amount specified in such certifi- 
 cate, shall be paid into the Bank of England, in manner 
 provided by the last -mentioned clauses of the Lands Clauses 
 Consolidation Act, 1845, as amended by the Court of 
 Chancery Funds Act, 1872, and the amount so paid into 
 the said bank shall be accordingly dealt with as by the said 
 Act provided. 
 
 (22.) Nothing herein contained shall prevent the local authority 
 from requiring any further abstract or evidence of title 
 respecting any lands included in any such award as afore- 
 said, in addition to the abstract or statement hereinbefore 
 mentioned, if they think fit, so as the same be obtained at 
 the cost of the local authority. 
 
 (23) If from any reason whatever the local authority does not 
 deliver the certificate aforesaid to any party claiming to be 
 entitled to any interest in any lands the possession whereof 
 has been taken by the local authority as aforesaid, then the 
 right to have a certificate according to the provisions of this 
 Act may, at the costs and charges of the local authority, be 
 enforced by any party or parties, by application to the high 
 court of chancery, or any court to which the jurisdiction of 
 the high court of chancery may be transferred, in a sum- 
 mary way by petition, and all other rights and interests of 
 any party or parties arising under the provisions of this Act 
 may be in like manner enforced against the local authority 
 by such application as aforesaid. 
 
 Entry on Lands on making Deposit. 
 
 (24.) Where the local authority are desirous, for the purposes of 
 their works, of entering upon any lands before they would 
 be entitled to enter thereon under the provisions herein- 
 before contained, it shall be lawful for the local authority, 
 at any time, after the arbitrator has framed his provisional 
 award, upon depositing in the Bank of England such sum as 
 the arbitrator may certify to be in his opinion the proper 
 amount to be so deposited in respect of any lands authorized 
 to be purchased or taken by the local authority, and men- 
 tioned in such provisional award, to enter upon and use 
 such lands for the purposes of the improvement scheme of 
 the local authority ; and the arbitrator shall, upon the 
 request of the local authority, at any time after he has 
 framed such provisional award, certify under his hand the 
 sum which, in his opinion, should be so deposited by the 
 local authority in respect of any lands mentioned in such 
 provisional award before they enter upon and use the same 
 as aforesaid, and the sum to be so certified shall be the sum 
 or the amount of the several sums set forth in such pro- 
 visional award as the sum or sums to be paid by the local 
 authority in respect of such lands, or such greater amount 
 as to the arbitrator, under the circumstances of the case, 
 may seem proper ; and, notwithstanding such entry aa 
 aforesaid, all proceedings for and in relation to the comple- 
 tion of the award, the delivery of certificates, and other 
 proceedings under this Act, shall be had, and payments 
 2 P
 
 578 APPENDIX. THE ARTIZANS, &c., DWELLINGS IMPROVEMENT 
 
 Schedule. made, as if such entry and deposit had not "been made ; 
 
 provided that the local authority shall, where they enter 
 upon any lands "by virtue of this present provision, pay 
 interest at the rate of five pounds per centum per annum 
 upon the compensation money payable by them in respect 
 of any lands so entered upon, from the time of their entry 
 xintil the time of the payment of such money and interest 
 to the party entitled thereto, or where, under the provisions 
 of this Act, such compensation is required to be paid into 
 the said bank, then until the same, with such interest, is paid 
 into such bank accordingly ; and where under this pro- 
 vision interest is payable on any compensation money the 
 certificate to be delivered by the local authority in respect 
 thereof shall specify that interest is so payable, and the 
 same shall be recoverable in like manner as the principal 
 money mentioned in such certificate. 
 
 (25.) The money so deposited as last aforesaid shall be paid into 
 the Bank of England to such account as may from time to 
 time be directed by any regulation or Act for the time being 
 in force in relation to moneys deposited in the bank in 
 similar cases, or to such account as may be directed by any 
 order of the court of chancery, or of any court to whom the 
 powers of the court of chancery may be transferred, and 
 remain in the bank by way of security to the parties 
 interested in the lands which have been so entered upon, 
 for the payment of the money to become payable by the 
 local authority in respect thereof under the award of the 
 arbitrator ; and the money so deposited may, on the appli- 
 cation by petition of the local authority, be ordered to be 
 invested in bank annuities or government securities, and 
 accumulated ; and upon such payment as aforesaid by the 
 local authority it shall be lawful for the court of chancery, 
 or any other court to which the jurisdiction of the court of 
 chancery may be transferred, upon a like application, to 
 order the money so deposited, or the funds in which the 
 same shall have been invested, together with the accu- 
 mulation thereof, to be repaid or transferred to the local 
 authority, or, in default of such payment as aforesaid by 
 the local authority, it shall be lawful for the said court to 
 order the same to be applied in such manner as it thinks 
 fit for the benefit of the parties for whose security the same 
 shall so have been deposited. 
 
 Appeal 
 
 (26.) Where the party named in any certificate issued under the 
 provisions hereinbefore contained of the amount of the 
 compensation ascertained by any award under this Act (or 
 any party claiming under the party so named) is dissatisfied 
 with the amount in such certificate certified to be payable, 
 and such amount exceeds five hundred pounds, and 
 
 Witere any party claiming any interest in any moneys so paid 
 into court as aforesaid is dissatisfied with the amount of the 
 price or compensation in respect of which such moneys are 
 paid into court, and such amount exceeds five hundred 
 pounds^ also 
 
 Where the local authority is dissatisfied with the amount of com- 
 pensation which the arbitrator appointed under the pro-
 
 ACT, 1875. 38 & 39 VICT. c. 36. SCHED. 579 
 
 visions of this Act has awarded to be paid by the local Schedule, 
 authority to any person in respect of any estate or interest 
 in lands, and such amount exceed the sum of five hundred 
 pounds ; 
 
 The party dissatisfied may submit the question of the proper 
 amount of compensation to a jury, provided that such party 
 give notice in writing to the other party of their intention 
 to appeal within ten days after the cause of appeal has 
 arisen. 
 The cause of appeal shall be deemed to have arisen, 
 
 (1.) Where a certificate has been issued as aforesaid, at the date 
 
 of the issue of the certificate : 
 (2.) Where moneys have been paid into court, at the date of the 
 
 payment into court : 
 (3.) Where the local authority appeals, at the date of the making 
 
 of the final award. 
 
 (27.) Where a notice has been given under this Act of an appeal 
 to a jury in respect of compensation for land, or any interest 
 in land, a question of disputed compensation required to be 
 determined by the verdict of a jury shall be deemed to 
 have arisen within the meaning of the Lands Clauses Con- 
 solidation Act, 1845, and all the provisions of that Act 
 contained in sections thirty-eight to fifty-seven, both inclu- 
 sive, shall be deemed to apply, except sections forty-seven 
 and fifty-one (a) : Provided also, that, 
 
 (1.) Where the local authority appeals, that authority shall be 
 deemed to be the plaintiff, and the party entitled to com- 
 pensation to be the defendant ; and 
 
 (2.) Where the party claiming compensation appeals, then, in 
 case the verdict of the jury is for a sum exceeding the 
 award of the arbitrator, the local authority shall pay to 
 such party the costs of the trial, such costs to be taxed 
 and ascertained in the same manner as costs are by law 
 ascertained on the trial of issues tried in the court of 
 Queen's Bench, or any court to which the jurisdiction of 
 the court of Queen's Bench may be transferred (6) ; but in 
 case the verdict of the jury is for a sum not exceeding the 
 award of the arbitrator, the party appealing shall pay to 
 the local authority the costs of the trial to be taxed and 
 ascertained in manner aforesaid. 
 (3.) Where the local authority is the appellant, 
 
 (1.) Notwithstanding the verdict of the jury may be for a 
 sum less than that awarded by the arbitrator, the local 
 authority shall paj r to the other party such sum not 
 exceeding twenty pounds for the costs of the trial as 
 the sheriff or other officer before whom the same is tried 
 shall direct ; and, 
 
 (2.) In case the verdict of the jury is for a sum equal to or 
 exceeding the award of the arbitrator, the local autho- 
 rity shall pay to the other party the costs of the trial, 
 such costs to be taxed and ascertained in manner afore- 
 said. 
 
 (a) Section 47 relates to the failure of the party claiming compensation 
 to appear at the time appointed for the inquiry, and section 51 directs how 
 the costs of the inquiry are to be borne, 
 
 (b) Now, under Supreme Court of Judicature Act, 1873, to a division of 
 the high court of justice; 
 
 2 P 2
 
 580 APPENDIX. THE ARTIZANS, &e,, DWELLINGS IMPROVEMENT 
 
 Schedule. (4.) The amount of compensation awarded by the arbitrator shall 
 
 not be communicated to the jury, but they shall be required 
 
 to make an independent assessment of the amount of com- 
 pensation to which the party claiming compensation is 
 entitled. 
 
 Costs of Arbitration. 
 
 (28.) The salary or remuneration, travelling and other expenses of 
 the arbitrator, and all costs charges, and expenses (if any) 
 which may be incurred by the confirming authority in 
 carrying the provisions of this Act into execution, shall be 
 paid by the local authority ; and the amount of such costs, 
 charges, and expenses shall from time to time be certified by 
 the confirming authority after first hearing any objections 
 that may be made to the reasonableness of any such costs, 
 charges, and expenses by or on behalf of the local autho- 
 rity ; and every certificate of the said confirming authority 
 certifying the amount of such costs, charges, and expenses, 
 thall'be taken as proof in all proceedings at law or in equity 
 of the amount of such respective costs, charges, and ex- 
 penses, and the amount so certified shall be a debt due from 
 the local authority to the crown, and shall be recoverable 
 accordingly. Further, any such certificate may be made a 
 rule of one of the superior courts of law on the application 
 of any party named therein, and may be enforced accord- 
 ingly- 
 
 (29.) It shall be lawful for the arbitrator, where he thinks fit, upon 
 the request of any party by whom any claim has been made 
 before him, to certify the amount of the costs properly incurred 
 by such party in relation to the arbitration, and the amount 
 of the costs so certified shall be paid by the local authority ; 
 and if within seven days after demand the amount so certi- 
 fied be not paid to the party entitled to receive the same, 
 such amount shall be recoverable as a debt from such local 
 authority, with interest at the rate of five per cent, for any 
 time during which the same remains unpaid after such 
 seven days as aforesaid, but no such certificate shall be 
 given where the arbitrator has awarded the same or a less 
 sum than has been offered by the local authority in respect 
 of such claim before the appointment of the arbitrator. 
 
 Miscellaneous. 
 
 (30.) The arbitrator may call for the production of any documents 
 in the possession or power of the local authority, or of any 
 party making any claim under the provisions of this Act, 
 which such arbitrator may think necessary for determining 
 any question or matter to be determined by him under this 
 Act, and may examine any such party and his witnesses, 
 and the witnesses for the local authority, on oath, and 
 administer the oaths necessary for that purpose. 
 
 (31.) If any arbitrator appointed in pursuance of this Act die, or 
 refuse, decline, or become incapable to act, the confirming 
 authority may appoint an arbitrator in his place, who shall 
 have the same powers and authorities as the arbitrator first 
 appoiiited ; and upon the appointment of any arbitrator in
 
 ACT, 1875. 38 & 39 VICT. c. 36. SCHED. 581 
 
 the place of an arbitrator dying, or refusing, declining, or Schedule, 
 becoming incapable to act, all the documents relating to the 
 matter of the arbitration which were in the possession of 
 such arbitrator shall be delivered to the arbitrator appointed 
 in his place, and the local authority shall publish notice of 
 such appointment in the London Gazette. 
 
 (32.) All notices required by this schedule to be published shall be 
 published in some one and the same newspaper circulating 
 within the jurisdiction of the local authority, and where no 
 other form of service is prescribed all notices required to 
 be served or given by the local authority under this schedule 
 or otherwise upon any persons interested in or entitled to 
 sell lands, shall be served in manner in which notice of 
 lands proposed to be taken conipulsorily for the purpose of 
 an improvement scheme are directed by this Act to be served 
 upon owners or reputed owners, lessees or reputed lessees, 
 and occupiers.
 
 AN ACT 
 
 TO AMEND THE ARTIZANS AND LABOURERS 
 DWELLINGS IMPROVEMENT ACT, 1875. 
 
 42 & 43 VICT. CAP. 63. 
 
 15TH AUGUST, 1879. 
 
 compensa- 
 tion.^) 
 
 BE it enacted by the Queen's most excellent majesty, by and with the 
 advice and consent of the Lords spiritual and temporal, and Commons, 
 in this present parliament assembled, and by the authority of the 
 same, as follows : 
 
 1. This Act may be cited as the " Artizans and Labourers Dwell- 
 ings Improvement Act, 1879." 
 
 This Act shall be construed as one with the Artizans and 
 Labourers Dwellings Improvement Act, 1875, (in this Act referred 
 to as the principal Act,) and the principal Act and this Act may be 
 cited together as the Artizans and Labourers Dwellings Improve- 
 ment Acts, 1875 and 1879. 
 
 2. The schedule to the principal Act shall be construed as if the 
 schedule to this Act formed part thereof. 
 
 3. On the occasion of assessing the compensation payable under 
 any improvement scheme in respect of any house or premises situate 
 within an unhealthy area, evidence shall be receivable by the arbi- 
 trator to prove that at the date of the confirming Act authorizing 
 such scheme, or at some previous date not earlier than the date of 
 the official representation in which the scheme originated, such house 
 or premises was by reason of its iinhealthy state, or by reason of 
 overcrowding or otherwise, in such a condition as to have been a 
 nuisance within the meaning of the Acts relating to nuisances ; (?;) and 
 if the arbitrator is satisfied that from either of such causes as afore- 
 said, such house or premises was, at such dates as aforesaid or either 
 of them, a nuisance as aforesaid, he shall then determine what would 
 have been the value of such house or premises supposing the 
 nuisance to have been abated, and what would have been the expense 
 of abating the nuisance ; and the amount of compensation payable in 
 respect of such house or premises shall be an amount equal to the 
 estimated value of the house or premises after the nuisance was 
 abated, and after deducting the estimated expense of abating the 
 nuisance. 
 
 (a) This amends the 19th section, sub-sect. 2, as to the estimate of value. 
 
 (b) See definition of these Acts, section 5, infra.
 
 42 & 43 VICT. c. 63, ss. 4, 5. SCHED. 583 
 
 4. Whereas by the fifth section of the principal Act it is provided, Section 4. 
 amongst other things, that an improvement scheme of a local au- 
 thority shall provide for the accommodation of at least as many Amendment 
 persons of the working classes as may be displaced in the area with * 38 & 39 
 respect to which the scheme is proposed in suitable dwellings which, Viet. c. 36, 
 unless there are special reasons to the contrary, shall be situate within Sl 5j . a ? to tbe 
 the limits of the same area or in the vicinity thereof : provision of 
 
 And whereas it not unfrequently happens that, having due regard ^ ccomm ? a " 
 to the requirements of persons of the working classes displaced by an . . 
 improvement scheme, equally convenient accommodation at a much c i ass( ! s 
 less cost can be furnished to such persons or some of them at some 
 place other than within the area or the immediate vicinity of the 
 urea from which they have been displaced : Be it enacted that 
 
 Where it is proved to the satisfaction of the confirming authority 
 on an application to authorize or modify an improvement scheme 
 that equally convenient accommodation can be provided for any 
 persons of the working classes displaced by an improvement scheme 
 at some place other than within the area or the immediate vicinity of 
 the area comprised in the improvement scheme, and it is also proved 
 to the satisfaction of such authority that the required accommodation 
 has been or is about to be forthwith provided, it shall be lawful for 
 the confirming authority accordingly to authorize any such improve- 
 ment scheme, or to permit a modification of any such scheme, and 
 the requirements of the principal Act with respect to providing 
 accommodation for persons of the working class shall, to the extent 
 to which accommodation is provided in accordance with this section, 
 be deemed to have been complied with. 
 
 A ]ocal authority may for purpose of providing accommodation for 
 persons of the working classes displaced by any improvement 
 scheme, appropriate any lands for the time being belonging to them 
 which are suitable for the purpose, or may purchase by agreement 
 any such further lands as may be convenient. 
 
 5. The Acts relating to nuisances mean Definition 
 
 of "Acts 
 as respects any place in Ireland, the Public Health (Ireland) Act, relating to^ 
 
 1878, and any local Act which contains any provisions with nuisances/' 
 
 respect to nuisances in that place ; and 41 & 42 Viet, 
 
 as respects the metropolis, as defined by the Public Health Act, 
 
 1875, the Nuisances Removal Acts as defined by the Sanitary 38 & 39 Viet. 
 
 Act, 1866, or any Act amending the same, and any local Act c - 55 - 
 
 which contains any provisions with respect to nuisances in that 29 & 30 Viet. 
 
 place ; and c. 41. 
 
 as respects any other place in England, the Public Health Act, 38 & 39 Viet. 
 
 1875, and any local Act which contains any provisions with c - 55 - 
 
 respect to nuisances in that place. 
 
 SCHEDULE. 
 
 1. The publication by the local authority of the appointment of Notice of 
 
 the arbitrator, and the other particulars mentioned in article six of appointment 
 
 the schedule to the principal Act, shall be made not only by ad- of arbitrator, 
 vertisement, but also by placards and handbills affixed in conspicuous
 
 APPENDIX THE ABTIZANS, &c., IMPROVEMENT ACT, 1879. 
 
 places on or near the lands to be taken, and also by leaving a notice 
 thereof at each house proposed to be taken, and also by sending a 
 notice thereof by post to the persons interested in such lands as 
 owners or reputed owners, lessees or reputed lessees, so far as they 
 can be reasonably ascertained. 
 
 2. The arbitrator shall have the same power of apportioning any 
 rent-service, rentcharge, chief or other rent, payment, or incumbrance, 
 or any rent payable in respect of lands comprised in a lease, as two 
 justices have under the Lands Clauses Consolidation Act, 1845. 
 
 3. Notwithstanding anything in section ninety-two of the Lands 
 Clauses Consolidation Act, 1845, the arbitrator may determine that 
 such part of any house, building, or manufactory as is proposed to be 
 taken by the local authority can be taken without material damage 
 to such house, building, or manufactory, and if he so determine may 
 award compensation in respect of the severance of the part so pro- 
 posed to be taken, in addition to the value of that part, and there- 
 upon the party interested shall be required to sell and convey to the 
 local authority such part, without the local authority being obliged 
 to purchase the greater part or the whole of such house, building, or 
 manufactory. 
 
 The local authority, or any person interested, if dissatisfied with a 
 determination under this enactment, may, in manner provided by 
 article twenty -six of the schedule to the principal Act, submit the 
 question of whether the said part can be taken without material 
 damage, as well as the question of the proper amount of compensa- 
 tion, to a jury ; and the notice of intention to appeal shall be given 
 within the same time as notice of intention to appeal against the 
 amoiint of compensation awarded is required to be given. 
 
 4. The amount of purchase money or compensation to be paid in 
 pursuance of section one hundred and twenty-four of the Lands 
 Clauses Consolidation Act, 1845, in respect of any estate, right, or 
 interest in or charge affecting any of the scheduled lands which the 
 local authority have through mistake or inadvertance failed or omitted 
 duly to purchase or make compensation for, shall be awarded by the 
 arbitrator and be paid, in like manner, as near as may be, as the 
 same would have been awarded and paid if the claim of such estate, 
 right, interest, or charge had been delivered to the arbitrator before 
 the day fixed for the delivery of statements of claims ; with this 
 qualification, that the first award of the arbitrator shall be final, and 
 not provisional. 
 
 If the arbitrator is satisfied that the failure or omission to purchase 
 the said estate, right, interest, or charge arose from any default on the 
 part either of the claimant or of the local authority, he may direct 
 the costs to be paid by the party so in default.
 
 AN ACT 
 
 TO REPEAL THE ADULTERATION OF FOOD ACTS 
 AND TO MAKE BETTER PROVISION FOR THE SALE 
 OF FOOD AND DRUGS IN A PURE STATE, (a) 
 
 38 & 39 VICT. CAP. 63. 
 
 HTH AUGUST, 1875. 
 
 WHEREAS it is desirable that the Acts now in force relating to the 
 adulteration of food should be repealed, and that the law regarding 
 the sale of food and drugs in a pure and genuine condition should be 
 amended : 
 
 Be it therefore enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the lords spiritual and temporal, 
 and commons, in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. From the commencement of this Act the statutes of the twenty- Eepeal of 
 third and twenty-fourth of Victoria, chapter eighty-four, of the thirty- statutes, 
 first and thirty-second of Victoria, chapter one hundred and twenty- 
 one, section twenty-four, of the thirty-third and thirty-fourth of 
 Victoria, chapter twenty -six, section three, and of the thirty-fifth and 
 thirty-sixth of Victoria, chapter seventy-four, shall be repealed, 
 
 except in regard to any appointment made under them and not then 
 determined, and in regard to any offence committed against them or 
 any prosecution or other act commenced and not concluded or com- 
 pleted, and any payment of money then due in respect of any provi- 
 sion thereof. 
 
 2. The term " food" shall include every article used for food or Interpreta- 
 drink by man, other than drugs or water : tion of 
 
 The term " drug" shall include medicine for internal or external words, 
 use : 
 
 The term "county" shall include every county, riding, and 
 division, as well as every county of a city or town not being a 
 borough : 
 
 The term "justices" shall include any police and stipendiary magis- 
 trate invested with the powers of a justice of the peace in England, 
 and any divisional justices in Ireland. 
 
 (a) This Act was amended by 42 and 43 Viet. c. 30, which refers to this 
 Act as the principal Act, See the amending Act, post.
 
 586 
 Section 3, 
 
 Prohibition 
 of the mix- 
 jug of inju- 
 rious ingre- 
 dients, and 
 of selling 
 the same. 
 
 Prohibition 
 of the mix- 
 ing of drugs 
 with inju- 
 rious ingre- 
 dients, and 
 of selling 
 the same. 
 
 Exemption 
 in case of 
 proof of 
 absence of 
 knowledge. 
 
 Prohibition 
 of the sale 
 of articles 
 of food 
 and of drugs 
 not of 
 the proper 
 nature, sub- 
 stance, and 
 quality. 
 
 APPENDIX. THE SALE OF FOOD AND DRUGS ACT, 1875. 
 
 Description of Offences. 
 
 3. No person shall mix, colour, stain, or powder, or order or permit 
 any other person to mix, colour, stain, or powder, any article of 
 food (a) with any ingredient or material so as to render the article 
 injurious to health (b), with intent that the same may be sold in that 
 state, and no person shall sell any such article so mixed, coloured, 
 stained, or powdered, under a penalty in each case not exceeding 
 fifty pounds for the first offence ; every offence, after a conviction for 
 a first offence, shall be a misdemeanor, for which the person, on con- 
 viction, shall be imprisoned for a period not exceeding six months 
 with hard labour. 
 
 4. No person shall, except for the purpose of compounding as 
 hereinafter described, (c) mix, colour, stain, or powder, or order or 
 permit any other person to mix, colour, stain, or powder, any drug 
 with any ingredient or material so as to affect injuriously the quality 
 or potency of such drug, with intent that the same may be sold in 
 that state, and no person shall sell any such drug so mixed, 
 coloured, stained, or powdered, under the same penalty in each case 
 respectively as in the preceding section for a first and subsequent 
 offence. 
 
 5. Provided that no person shall be liable to be convicted under 
 either of the two last foregoing sections of this Act in respect of the 
 sale of any article of food, or of any drug, if he shows to the satis- 
 faction of the justice or court before whom he is charged that he did 
 not know (d) of the article of food or drug sold by him being so 
 mixed, coloured, stained, or powdered as in either of those sections 
 mentioned, and that he could not with reasonable diligence have 
 obtained that knowledge. 
 
 6. No person shall sell to the prejudice of the purchaser (e) any 
 article of food or any drug which is not of the nature, substance, and 
 
 (a) Including " every article used for food or drink by man other than 
 drugs or water," section 2, ante. 
 
 (b) It is a common law misdemeanor to sell unwholesome victuals; 
 E. v. Haynes, 4 M. & S. 220, and R. v. Southerton, 6 East. 133 j Lord 
 Ellenborough referred to E. v. M ' Carty, 2 L. Raymond, 1179 ; and see 
 S. v. Foster, 46 L. J. M. C. 128. 
 
 (c) This seems to refer to section 6, sub-section (3), and section 7, but 
 these contain no directions as to compounding drugs or other articles. 
 
 (d) The necessity of showing that the act was done knowingly is con- 
 fined to the prohibitions in the 3rd and 4th sections, and does not apply 
 to that in the 6th. 
 
 (e) The vexed question whether a sale to a public officer for the purpose 
 of analysis was a sale to the prejudice of the purchaser within this enact- 
 ment, has been set at rest by the Sale of Food and Drugs Amendment Act, 
 1879 (post). But before that Act it had already been decided that such a 
 sale was a contravention of the Act ; and where an inspector, appointed 
 under section 13, purchased for analysis an article of food, and took the 
 proceedings prescribed by this Act, and it was proved that the article was 
 not of the nature, substance, and quality of the article demanded, but an 
 inferior article, though not known by him to be so at the time of the pur- 
 chase ; held, that this was a " sale to the prejudice of the purchaser "
 
 88 & 89 VICT. c. G3, s. 6. 587 
 
 quality (/) of the article demanded by such purchaser (gr), under a Section 6. 
 penalty not exceeding twenty pounds : provided that an offence shall 
 
 within this section. The case of Davidson v. MoLeod, referred to in note 
 (g) below, was dissented from. Hoyle v. Hitohman, 48 L. J. M. C. 97. 
 
 By the Sale of Food and Drugs Act Amendment Act, 1879, post, section 2, 
 it is enacted that " In any prosecution under the provisions of the prin- 
 cipal Act for selling to the prejudice of the purchaser any article of food 
 or any drug which is not of the nature, substance, and quality of the article 
 demanded by such purchaser, it shall be no defence to any such prosecution 
 to allege that the purchaser, having bought only for analysis, was not pre- 
 judiced by such sale." 
 
 (/) By the Sale of Food and Drugs Act Amendment Act, 1879, post, 
 section 2, it is enacted that " it shall not be a good defence to prove that the 
 article of food or drug in question, though defective in nature, or in sub- 
 stance, or in quality, was not defective in all three respects." 
 
 (g) It was not necessary under the repealed Act 35 & 36 Viet. c. 74, that 
 any proof should be given of the knowledge of the adulteration, and where 
 the defendant sold as unadulterated an article which was in fact adulterated, 
 without having declared the admixture to the purchaser in conformity with 
 section 3, he was held liable to conviction ; Fitzpatrick v. Kelly, 37 J. P. 
 373. See Mullins v. Collins, 22 W. E. 297, and Roberts v. Egerton, 43 
 L. J. M. C. 135. 
 
 In a case in which gin was diluted with water, and the magistrate found 
 that the quantity of water was in excess of what could properly be added, 
 the conviction was affirmed ; Webb v. Knight, 41 J. P. 388 ; L. K. 2 Q. B. D. 
 530. Where the appellant sold gin adulterated with 44 per cent, of 
 water, and the justices found as a fact that the dilution was excessive, a 
 conviction was sustained for selling an article hot of the nature, substance, 
 and quality demanded; Pashler \. Stevenill, 41 J. P. (C. A.) 136. 
 
 By the Sale of Food and Drugs Act Amendment Act, 1879, post, section 6, 
 it is enacted that " In determining whether an offence has been committed 
 under section 6 of the principal Act, by selling to the prejudice of the pur- 
 chaser, spirits not adulterated otherwise than by the admixture of water, it 
 shall be a good defence to prove that such admixture has not reduced the 
 spirit more than twenty-five degrees under proof for brandy, whisky, or 
 rum, or thirty-five degrees under proof for gin." 
 
 In the case of Davidson v. McLeod, before the high court of justiciary at 
 Edinburgh, referred to in the J. P., January, 1878, on appeal against a con- 
 viction by the sheriff in Glasgow for selling, to a city inspector of health, 
 cream in which the per centage of fatty matter was greatly below the 
 standard of cream as sold in that city, it was held that to sustain the con- 
 viction, the article must be different in all three respects, viz., nature, sub- 
 stance, and quality, that these words could not be disjoined, and that the 
 very nature of the substance must be altered ; and secondly, that it was 
 not and could not be alleged that the purchase was to the prejudice of the 
 purchaser, as the power of compulsory purchase given to a public officer was 
 given with a view to prosecutions under sections 3 and 5 only, and the con- 
 viction was quashed; dissentientibus Lords CraigTiill and Adam. This 
 decision was dissented from in Hoyle v. Hitchman, cited in note (e) to 
 section 6, ante,- and see now Sale of Food and Drugs Act Amendment 
 Act, 1879, section 2, post. 
 
 Where the seller brings to the purchaser's knowledge the fact that the 
 article sold is not of the nature, &c., of the article he demands, the sale is 
 not to his predudice within section 6, though the seller puts no label on the 
 bottle containing the article as directed by the 8th section of the Act, as it 
 is not intended that the mode pointed out by that section should be the 
 only method of bringing home knowledge to the purchaser ; Sandys v. 
 Small, L. R. 3 Q. B. D. 449. See article on this Act in the Justice of the 
 Peace, vol. 42, July 6, 1878.
 
 588 APPENDIX. THE SALE OP FOOD AND DKUGS ACT, 1875. 
 
 Section 6. n t be deemed to "be committed under this section in the following 
 cases ; that is to say, (a) 
 
 (1.) Where any matter or ingredient not injurious to health has 
 been added to the food or drug because the same is re- 
 quired for the production or. preparation thereof as an 
 article of commerce, in a state fit for carriage or consump- 
 tion, and not fraudulently to increase the bulk, weight, or 
 measure of the food or drug, or conceal the inferior quality 
 thereof. 
 
 (2.) Where the drug or food is a proprietary medicine, or is the 
 subject of a patent in force, and is supplied in the state 
 required by the specification of the patent ; 
 
 (3.) Where the food or drug is compounded as in this Act men- 
 tioned ; (b) 
 
 (4.) Where the food or drug is unavoidably mixed with some 
 extraneous matter in the process of collection or prepara- 
 tion. 
 
 Provision for 7. No person shall sell any compound article of food or com- 
 
 poundedartlcles pounded drug which is not composed of ingredients in accordance 
 
 of food and with the demand of the purchaser, under a penalty not exceeding 
 
 Bounded twenty pounds. 
 
 8. Provided that no person shall be guilty of any such offence as 
 aforesaid in respect of the sale of an article of food or a drug mixed 
 with any matter or ingredient not injurious to health, and not 
 intended fraudulently to increase its bulk, weight, or measure, or 
 
 article or drug, to the effect that the same is mixed. 
 
 9. No person shall, with the intent that the same may be sold in 
 its altered state without notice, abstract from an article of food any 
 part of it so as to affect injuriously its quality, substance, or nature, 
 and no person shall sell any article so altered without making dis- 
 
 Under the Adulteration of Seeds Act, 32 & 33 Viet. c. 112, s. 3, subject- 
 ing to a penalty any person who adulterates seed, it was held to be 
 no offence to use sulphur to make old sound seed appear new seed, so 
 long {as the seed was not made to appear of a different species; Francis 
 v. Haas, L. R. 3 Q. B. D. 341. See now the Act to amend the Adultera- 
 tion of Seeds Act, 1878, enacting that under section 2 of Adulteration of 
 Seeds Act, 1869, the term " to dye seeds" shall mean " to apply to seeds 
 any process of colouring, dyeing, or sulphur smoking." 
 
 Under the 6 & 7 Will. 4, c. 37, s. 8, prohibiting the use of any other 
 than certain specified ingredients in making bread for sale, there must have 
 been guilty knowledge ; Core v. James, L. R. 7 Q. B. 135. 
 
 (a) See Roberts v. Egerton, 43 L. J. M. C. 135. 
 
 (b) See note (c) to section 4, ante. 
 
 (c) It is not intended that the mode pointed out by this section should 
 be the only mode of bringing home knowledge to the purchaser. See 
 Sandys v. Small, L. R. 3 Q. B. D. 449, cited in note (g), supra. 
 
 Under the repealed statute 35 & 36 Viet. c. 74, the seller was not 
 required to disclose the substance, &c., of the materials contained in the 
 admixture, and where a grocer sold a packet of mustard and told the pur- 
 chaser he did not sell it as pure mustard, and pointed to a label containing a 
 notification to that effect, he was held not liable to be convicted ; Pope v. 
 Searle, 43 L. J. M. C. 129.
 
 38 & 39 VICT. c. 63, ss. 912. 589 
 
 closure of the alteration, under a penalty in each case not exceeding Section 9. 
 twenty pounds. rf fy ~ 
 
 before sale, 
 
 Appointment, and Duties of Analysts, and Proceedings to obtain and selling 
 Analysis. n ot i ce . 
 
 10. In the city of London and the liberties thereof the commis- Appointment 
 sioners of sewers of the city of London and the liberties thereof, and of analysts, 
 in all other parts of the metropolis the vestries and district boards 
 acting in execution of the Act for the better local management of the 
 metropolis, the court of quarter sessions of every county, and the 
 town council of every borough having a separate court of quarter 
 sessions, or having under any general or local Act of parliament or 
 otherwise a separate police establishment, may, as soon as convenient 
 after the passing of this Act, where no appointment has been hitherto 
 made, and in all cases as and when vacancies in the office occur, or 
 when required so to do by the local government board, shall, for 
 their respective city, districts, coanties, or boroughs, appoint one or 
 more persons possessing competent knowledge, skill, and experience, 
 as analysts of all articles of food and drugs sold within the said city, 
 metropolitan districts, counties, or boroughs, and shall pay to such 
 analysts such remuneration as shall be mutually agreed upon, and 
 may remove him or them as they shall deem proper ; but such 
 appointments and removals shall at all times be subject to the 
 approval of the local government board, who may require satisfactory 
 proof of competency to be supplied to them, and may give their 
 approval absolutely or with modifications as to the period of the 
 appointment and removal, or otherwise : Provided, that no person 
 shall hereafter be appointed an analyst for any place under this 
 section who shall be engaged directly or indirectly in any trade or 
 business connected with the sale of food or drugs in such place. 
 
 In Scotland the like powers shall be conferred and the like duties 
 shall be imposed upon the commissioners of supply at their ordinary 
 meetings for counties, and the commissioners or boards of police, or 
 where there are no such commissioners or boards, upon the town 
 councils for boroughs within their several jurisdictions ; provided 
 that one of Her Majesty's principal secretaries of state in Scotland 
 shall be substituted for the local government board of England. 
 
 In Ireland the like powers and duties shall be conferred and 
 imposed respectively upon the grand jury of every county and town 
 council of every borough ; provided that the local government board 
 of Ireland shall be substituted for the local government board of 
 England. 
 
 11 The town council of any borough may agree that the analyst Town 
 
 appointed by any neighbouring borough or for the county in which council of 
 
 the borough is situated, shall act for their borough during such time a borough 
 
 as the said council shall think proper, and shall make due provision may engage 
 
 for the payment of his remuneration, and if such analyst shall con- the analyst 
 
 gent, he shall during such time be the analyst for such borough for of another 
 
 the purposes of this Act. borough or 
 
 of the county. 
 
 12. Any purchaser of an article of food or of a drug in any place Power to 
 
 being a district, county, city, or borough where there is any analyst purchaser 
 
 appointed under this or any Act hereby repealed shall be entitled, of an 
 
 on payment to such analyst of a sum not exceeding ten shillings and article of 
 sixpence, or if there be no such analyst then acting for such place, to
 
 590 
 
 Section 12. 
 
 Provision 
 for dealing 
 with the 
 sample when 
 purchased. 
 
 Provision 
 when sample 
 is not di- 
 vided. 
 
 Provision 
 for sending 
 article to 
 the analyst 
 through the 
 post-office. 
 
 Person re- 
 fusing to sell 
 
 APPENDIX. THE SALE OF FOOD AND DRUGS ACT, 1875". 
 
 the analyst of another place, ot such sum as may be agreed upon 
 between such person and the analyst, to have such article analysed 
 by such analyst, and to receive from him a certificate of the result of 
 
 13. Any medical officer of health, inspector of nuisances, or in- 
 spector of weights and measures, or any inspector of a market, or any 
 police constable under the direction and at the cost of the local 
 authority appointing such officer, inspector, or constable, or charged 
 with the execution of this Act, may procure any sample of food or 
 drugs, and if he suspect the same to have been sold to him contrary 
 to any provision of this Act, shall submit the same to be analysed by 
 the analyst of the district or place for which he acts, or if there be no 
 such analyst then acting for such place to the analyst of another 
 place, and such analyst shall, upon receiving payment as is provided 
 in the last section, with all convenient speed analyse the same and 
 give a certificate to such officer, wherein he shall specify the result of 
 the analysis. 
 
 14. The person purchasing any article with the intention of sub- 
 mitting the same to analysis shall, after the purchase shall have been 
 completed, forthwith notify (a) to the seller or his agent selling the 
 article his intention to have the same analysed by the public analyst, 
 and shall offer to divide the article into three parts to be then and 
 there separated, and each part to be marked and sealed or fastened 
 np in such manner as its nature will permit, and shall, if required to 
 do so, proceed accordingly, and shall deliver one of the parts to the 
 seller or his agent. 
 
 He shall aftenvards retain one of the said parts for future com- 
 parison and submit the third part, if he deems it right to have the 
 article analysed, to the analyst. 
 
 15. If the seller or his agent do not accept the offer of the pur- 
 chaser to divide the article purchased in his presence, the analyst 
 receiving the article for analysis shall divide the same into two 
 parts, and shall seal or fasten up one of those parts and shall cause 
 it to be delivered, either upon receipt of the sample or when he 
 supplies his certificate to the purchaser, who shall retain the same 
 for production in case proceedings shall afterwards be taken in the 
 matter. 
 
 16. If the analyst do not reside within two miles of the residence 
 of the person requiring the article to be analysed, such article may be 
 forwarded to the analyst through the post office as a registered letter, 
 subject to any regulations (6) which the postmaster-general may make 
 in reference to the carrying and delivery of such article, and the 
 charge for the postage of such article shall be deemed one of the 
 charges of this Act or of the prosecution, as the case may be. 
 
 17. If any such officer, inspector, or constable, as above described, 
 shall apply to purchase any article of food or any drug exposed to 
 
 (a) The notification required by this section is a condition precedent to 
 a prosecution, and in a case in which it was omitted, the conviction was 
 quashed ; Sanies v. Chipp, L. R. 3 Ex. D. 176. 
 
 (J) See Local Government Board's Circular, dated 20th September, 1875, 
 respecting the transmission and analysis in disputed cases under this Act, 
 with regulations issued by the postmaster-general, 6th September, 1875> 
 for the transmission by post, of samples for analysis.
 
 38 & 39 VICT. c. 63, ss. 1720. 591 
 
 sale, Or on sale by retail on any premises or in any shop or stores (c), Section 17. 
 and shall tender the price for the quantity which he shall require for 
 
 the purpose of analysis, not being more than shall be reasonably f n J arti ^ e 
 
 requisite, and the person exposing the same for sale shall refuse to sell v ^," 7 - officer 
 
 the same to such officer, inspector, or constable, such person shall be ~J ,, 
 liable to a penalty not exceeding ten pounds. 
 
 18. The certificate of the analysis shall be in the form set forth in Form of the 
 the schedule hereto, or to the like effect. certificate. 
 
 (d) 
 
 19. Every analyst appointed under any Act hereby repealed or this Quarterly 
 Act shall report quarterly to the authority appointing him the report of the 
 number of articles analysed by him under this Act during the fore- analyst, 
 going quarter, and shall specify the result of each analysis and the 
 
 sum paid to him in respect thereof, and such report shall be pre- 
 sented at the next meeting of the authority appointing such analyst, 
 and every such authority shall annually transmit to the local govern- 
 ment board, at such time and in such form as the board shall direct, 
 a certified copy of such quarterly report. 
 
 Proceedings against Offenders. 
 20. When the analyst having analysed any article shall have given Proceedings 
 
 ! t'.C .!__ _.C J.1. _ 1.L JT_ 1_- 1_ -J_ __ Jl J rt O 
 
 his certificate of the result, from which it may appear that an offence against 
 against some one of the provisions of this Act has been committed, offenders, 
 the person causing the analysis to be made may take proceedings for (e) 
 the recovery of the penalty herein imposed for such offence, before 
 any justices in petty sessions assembled having jurisdiction in the 
 place where the article or drug sold was actually delivered to the pur- 
 chaser, in a summary manner. 
 
 Every penalty imposed by this Act shall be recovered in England 
 in the manner prescribed by the eleventh and twelfth of Victoria, 
 chapter forty-three. In Ireland such penalties and proceedings shall 
 be recoverable, and may be taken with respect to the police district 
 of Dublin metropolis, subject and according to the provisions of any 
 Act regulating the powers and duties of justices of the peace for 
 such district, or of the police of such district ; and with respect to 
 other parts of Ireland, before a justice or justices of the peace sitting 
 in petty sessions, subject and according to the provisions of " The 
 
 (c) By the Sale of Food and Drugs Act Amendment Act, 1879, post, 
 section 3, an officer, inspector, or constable may obtain a sample of milk at 
 the place of delivery to submit to analysis ; section 4 imposes a penalty for 
 refusal ; and by section 5 any street or open place of public resort shall be 
 held to come within the meaning of this section. 
 
 (d) See directions at foot of the statutory form of certificate, as to 
 what matters the analyst has a discretion, and those which he is bound to 
 notice in his observations. 
 
 (e) By the Sale of Food and Drugs Act Amendment Act, 1879, post, 
 section 10, " The summons to appear before the magistrates shall be served 
 upon the person charged with violating the provisions of the principal Act 
 within a reasonable time, and in the case of a perishable article not exceed- 
 ing twenty-eight days from the time of the purchase from such person for 
 test purposes of the food or drug, and the summons shall not be made return- 
 able in a less time than seven days from the clay it is served upon the person 
 summoned."
 
 592 
 
 APPENDIX. THE SALE OF FOOD AND DKUGS ACT, 1875. 
 
 and any Act amending the 
 
 Section 20. Petty Sessions (Ireland) Act> 1851, 
 same. 
 
 Every penalty herein imposed may be reduced or mitigated accord 
 ing to the judgment of the justices. 
 
 Certificate of f 
 analyst primd 
 facie evidence 
 for the prosecu- 
 tion, but analyst 
 to be called if 
 required. 
 
 Defendant and 
 his wife may 
 be examined. 
 
 21. At the hearing of the information in such proceeding the 
 production of the certificate of the analyst shall be sufficient evidence 
 of the facts therein stated, unless the defendant shall require that 
 the analyst shall be called as a witness, and the parts of the articles 
 retained by the person who purchased the article shall be produced, 
 and the defendant may, if he think fit, tender himself and his wife 
 to be examined on his behalf, and he or she shall, if he so desire, be 
 examined accordingly. 
 
 Power to 
 justices to 
 have articles 
 of food 
 aud drug 
 analysed. 
 
 22. The justices before whom any complaint may be made, or the 
 court before whom any appeal may be heard, under this Act may, 
 upon the request of either party, in their discretion cause any article 
 of food or drug to be sent to the commissioners of inland revenue, 
 who shall thereupon direct the chemical officers of their department 
 at Somerset House to make the analysis, and give a certificate to such 
 justices of the result of the analysis ; and the expense of such analysis 
 shall be paid by the complainant or the defendant as the justices may 
 by order direct. 
 
 Appeal to 
 
 quarter 
 
 scssious. 
 
 23. Any person who has been convicted of any offence punishable 
 by any Act hereby repealed or by this Act by any justices may appeal 
 in England to the next general or quarter sessions of the peace which 
 shall be held for the city, county, town, or place wherein such con- 
 viction shall have been made, provided that such person enter into a 
 recognizance within three days next after such conviction, with two 
 sufficient sureties, conditioned to try such appeal, and to be forth- 
 coming to abide the judgment and determination of the court at such 
 general or quarter sessions, and to pay such costs as shall be by such 
 court awarded ; and the justices before whom such conviction shall 
 be had are hereby empowered and required to take such recogni- 
 zance ; and the court at such general or quarter sessions are hereby 
 required to hear and determine the matter of such appeal, and may 
 award such costs to the party appealing or appealed against as they 
 or he shall think proper. 
 
 In Ireland any person who has been convicted of any offence 
 punishable by this Act may appeal to the next court of quarter 
 sessions to be held in the same division of the county where the con- 
 viction shall be made by any justice or justices in any petty sessions 
 district, or to the recorder at his next sessions where the conviction 
 shall be made by the divisional justices in the police district of 
 Dublin metropolis, or to the recorder of any corporate or borough 
 lown when the conviction shall be made by any justice or justices 
 in such corporate or boroiigh town (unless when any such sessions 
 shall commence within ten days from the date of any such conviction, 
 in which case, if the appellant sees fit, the appeal may be made to 
 the next succeeding sessions to be held for such division or town), 
 and it shall be lawful for such court of quarter sessions or recorder 
 (as the case may be) to decide such appeal, if made in such form and 
 manner and such notices as are required by the said petty sessions 
 Acts respectively herein-before mentioned as to appeals against orders 
 made by justices at petty sessions, and all the provisions of the said 
 petty sessions Acts respectively as to making appeals and as to
 
 88 & 39 VICT. c. 63, ss. 2327. 593 
 
 executing the orders made 011 appeal, or the original orders where the Section 23 
 
 appeals shall not be duly prosecuted, shall [also apply to any appeal 
 
 made under this Act. 
 
 24. In any prosecution under this Act, where the fact of an In any pro- 
 article having been sold in a mixed state has been proved, if the secution 
 defendant shall desire to rely upon any exception or provision defendant to 
 contained in this Act, it shall be incumbent upon him to prove the P rove that he 
 same. is protected 
 
 by exception 
 or provision. 
 
 25. If the defendant in any prosecution under this Act prove to Defendant to bo 
 the satisfaction of the justices or court that he had purchased the dls charged if he 
 article in question as the same in nature, substance, and quality as bought the 
 that demanded of him by the prosecutor, and with a written warranty article la the 
 to that effected) that he had no reason to believe at the time when he low^mfwith 
 sold it that the article was otherwise, and that he sold it in the same a warranty, 
 state as when he purchased it, he shall be discharged from the pro- NO costs except 
 secution, bxtt shall be liable to pay the costs incurred by the prose- on issues proved 
 cutor, unless he shall have given due notice to him that he will rely a s ainst 1 * im< 
 
 on the above defence. 
 
 26. Every penalty imposed and recovered under this Act shall Application 
 be paid in the case of a prosecution by any officer, inspector, or of penalties, 
 constable of the authority who shall have appointed an analyst or 
 
 agreed to the acting of an analyst within their district, to such officer, 
 inspector, or constable, and shall be by him paid to the authority for 
 whom he acts, and be applied towards the expenses of executing 
 this Act, any statute to the contrary notwithstanding ; but in the 
 case of any other prosecution the same shall be paid and applied in 
 England according to the law regulating the application of penalties 
 for offences punishable in a summary manner, and in Ireland in the 
 manner directed by the Fines Act, Ireland, 1851, and the Acts 
 amending the same. 
 
 27. Any person who shall forge, or shall utter, knowing it to be Punishment 
 forged for the purposes of this Act, any certificate or any writing pur- for forging 
 porting to contain a warranty, shall be guilty of a misdemeanor, and certificate or 
 be punishable on conviction by imprisonment for a term of not warranty; 
 exceeding two years with hard labour ; 
 
 Every person who shall wilfully apply to an article of food, or a f? wilful 
 
 drug, in any proceedings under this Act, a certificate or warranty misapplica- 
 
 given in relation to any other article or drug, shall be guilty of an ** on ^ 
 
 offence under this Act, and be liable to a penalty not exceeding warranty; 
 twenty pounds ; 
 
 Every person who shall give a false warranty in writing to any for false 
 
 purchaser in respect of an article of food or a drug sold by him as warranty ) 
 principal or agent, shall be guilty of an offence under this Act, and 
 be liable to a penalty not exceeding twenty pounds ; 
 
 And every person who shall wilfully give a label with any article for false 
 
 sold by him which shall falsely describe the article sold, shall be label. 
 
 (a) In a prosecution for selling lard adulterated with 15 per cent, of 
 water, it was held that an invoice was not a written warranty within this 
 enactment so as to discharge the defendant : Rook v. Hopley, L. B. 3 
 Ex. D. 209. 
 
 2 Q
 
 594 APPENDIX. THE SALE OF FOOD AND DRUGS ACT, 1875. 
 
 Section 27. guilty of an offence under this Act, and be liable to a penalty not 
 exceeding twenty pounds. 
 
 Proceedings 
 by indict- 
 ment and 
 contracts 
 not to be 
 affected.(a) 
 
 28. Nothing in this Act contained shall affect the power of pro- 
 ceeding by indictment, or take away any other remedy against any 
 offender under this Act, or in any way interfere with contracts and 
 bargains between individuals, and the rights and remedies belonging 
 thereto. 
 
 Provided that in any action brought by any person for a breach of 
 contract on the sale of any article of food or of any drug, such person 
 may recover alone or in addition to any other damages recoverable 
 by him the amount of any penalty in which he may have been con- 
 victed under this Act, together with the costs paid by him upon 
 such conviction and those incurred by him in and about his 
 defence thereto, if he prove that the article or drug the subject of 
 such conviction was sold to him as and for an article or drug of the 
 same nature, substance, and quality as that which was demanded of 
 him, and that he purchased it not knowing it to be otherwise, and 
 afterwards sold it in the same state in which he purchased it ; the 
 defendant in such action being nevertheless at liberty to prove that 
 the conviction was wrongful, or that the amount of costs awarded or 
 claimed was unreasonable. 
 
 Expenses of executing the, Act. 
 
 Expenses 29. The expenses of executing this Act shall be borne, in the city 
 
 of executing of London and the liberties thereof, by the consolidated rates raised 
 Act. by the commissioners of sewers of the city of London and the liberties 
 
 thereof, and in the rest of the metropolis by any rates or funds 
 applicable to the purposes of the Act for the better local manage- 
 ment of the metropolis, and otherwise as regards England, in 
 counties by the county rate, and in boroughs by the borough fund 
 or rate ; (I) 
 
 and as regards Ireland, in counties by the grand jury cess, and in 
 boroughs by the borough fund or rate ; all such expenses payable in 
 any county out of grand jury cess shall be paid by the treasurer of 
 such county ; and 
 
 The grand jury of any such county shall, at any assizes at which 
 it is proved that any such expenses have been incurred or paid 
 without previous application to presentment sessions, present to be 
 raised off and paid by such county the moneys required to defray 
 the same. 
 
 (a) See note (i) to section 3, ante. 
 
 (b) By the Sale of Food and Drugs Act Amendment Act, 1879, post, 
 section 8 : " The town council of any borough having a separate court of 
 quarter sessions shall be exempt from contributing towards the expenses 
 incurred in the execution of the principal Act in respect of the county 
 within which such borough is situate, and the treasurer of the county shall 
 exclude the expenses so incurred from the account required by section one 
 hundred and seventeen of the Municipal Corporation Act, 1835, to be sent 
 by him to such town council ; section 9 provides for boroughs with separate 
 police establishments.
 
 38 & 39 VICT. c. 63, ss. 3033. 595 
 
 Special Provision as to Tea, Sect ^ 30> 
 
 30. From and after the first day of January one thousand eight Tea to be 
 hundred and seventy-six all tea imported as merchandize into and examined by 
 landed at any port in Great Britain or Ireland shall be subject to the customs 
 examination by persons to be appointed by the commissioners of . n im P r t a * 
 customs, subject to the approval of the treasury, for the inspection ^ on * 
 
 and analysis thereof, for which purpose samples may, when deemed 
 necessary by such inspectors, be taken and with all convenient speed 
 be examined by the analysts to be so appointed ; and if upon such 
 analysis the same shall be found to be mixed with other substances 
 or exhausted tea, (c) the same shall not be delivered unless with the 
 sanction of the said commissioners, and on such terms and conditions 
 as they shall see fit to direct, either for home consumption or for 
 use as ships' stores or for exportation ; but if on such inspection 
 and analysis it shall appear that such tea is in the opinion of the 
 analyst unfit for human food, (d) the same shall be forfeited and 
 destroyed or otherwise disposed of in such manner as the said com- 
 missioners may direct. 
 
 31. Tea to which the term " exhausted " is applied in this Act Interpreta- 
 shall mean and include any tea which has been deprived of its tion of Act. 
 proper quality, strength, or virtue by steeping, infusion, decoction, 
 
 or other means. 
 
 32. For the purposes of this Act every liberty of a cinque port not Provision 
 comprised within the jurisdiction of a borough shall be part of the for the 
 county in which it is situated, and subject to the jurisdiction of the liberty of a 
 justices of such county. cinque port, (e) 
 
 33. In the application of this Act to Scotland the following pro- Application 
 visions shall have effect : of the Act 
 
 1. The term " misdemeanor " shall mean " a crime or offence :" to Scotland. 
 
 2. The term " defendant " shall mean " defender " and include 
 
 "respondent:" 
 
 3. The term " information " shall include " complaint :" 
 
 4. This Act shall be read and construed as if for the term "jus- 
 
 tices," wherever it occurs therein, the term " sheriff " were 
 substituted : 
 
 5. The term " sheriff" shall include " sheriff substitute :" 
 
 6. The term "borough" shall mean any royal burgh and any 
 
 burgh returning or contributing to return a member to Par- 
 liament : 
 
 (c) See interpretation of term "exhausted" in next section. 
 
 (d) See as to adulteration of tea, JR. v. Foster, 46 L. J. M. C. 128 j 
 Roberts v. Egerton, 43 L. J. M. C. 135 ; L. E. 9 Q. B. 494, 499, which was 
 a conviction under the 35 & 36 Viet. c. 74, ss. 2 and 3, on the ground that 
 in the case of a simple commodity like tea, the mode by which it was 
 coloured was an adulteration, and this adulteration, though known to the 
 trade, being unknown to the public, the tea must be taken to be sold as 
 unadulterated. 
 
 (e) By section 7 of the Pood and Drugs Act Amendment Act, 1879,^0^, 
 " every liberty having a separate court of quarter sessions, except a liberty 
 of a cinque port, shall be deemed to be a county within the meauing of this 
 Act." 
 
 2 Q 2
 
 596 APPENDIX. THE SALE OF FOOD AND DKUGS ACT, 1875, 
 
 Section 33. 7. The expenses of executing this Act shall be borne in Scotland, 
 in counties by the county general assessment, and in burghs 
 
 by the police assessment : 
 
 8. This Act shall be read and construed as if for the expression 
 
 "the local government board," wherever it occurs therein, 
 the expression ' one of Her Majesty's principal secretaries of 
 state " were substituted : 
 
 9. All penalties provided by this Act to be recovered in a sum- 
 
 mary manner shall be recovered before the sheriff of the 
 county in the sheriff court, or at the option of the person 
 seeking to recover the same in the police court, in any place 
 where a sheriff officiates as a police magistrate under the pro- 
 visions of " The Summary Procedure Act, 1864," or of the 
 police Act in force for the time in any place in which a 
 sheriff officiates as aforesaid, and all the jurisdiction, powers, 
 and authorities necessary for this purpose are hereby conferred 
 on sheriffs : 
 
 Every such penalty may be recovered at the instance of the 
 procurator fiscal of the jurisdiction, or of the person who 
 caused the analysis to be made from which it appeared that an 
 offence had been committed against some one 01 the provisions 
 of this Act : 
 
 Every penalty imposed and recovered under this Act shall 
 be paid to the clerk of court, and by him shall be accounted 
 for and paid to the treasurer of the county general assess- 
 ment, or the police assessment of the burgh, as the sheriff shall 
 direct : 
 
 10. Every penalty imposed by this Act may be reduced or miti- 
 gated according to the judgment of the sheriff : 
 
 11. It shall be competent to any person aggrieved by any con- 
 viction by a sheriff in any summary proceeding under this 
 Act to appeal against the same to the next circuit court, or 
 where there are no circuit courts to the high court of justiciary 
 at Edinburgh, in the manner prescribed by such of the pro- 
 visions of the Act of the twentieth year of the reign of King 
 George the Second, chapter forty-three, and any Acts amend- 
 ing the same, as relate to appeals in matters criminal, and by 
 and under the rules, limitations, conditions, and restrictions 
 contained in the said provisions. 
 
 Interpreta- 
 tion of terms 
 in application 
 of Act to 
 Ireland. 
 
 34. In the application of this Act to Ireland, 
 
 The term " borough " shall mean any borough subject to the 
 Act of the session of the third and fourth years of the reign of 
 Her present Majesty, chapter one hundred and eight, inti- 
 tuled " An Act for the regulation of Municipal Corporations in 
 Ireland :" 
 
 The term " county " shall include a county of a city and a county 
 of a town not being a borough : 
 
 The term " assizes " shall, with respect to the county of Dublin, 
 mean " presenting term : " 
 
 The term " treasurer of the county " shall include any person or 
 persons or bank in any county performing duties analogous to 
 those of the treasurer of the county in counties, and, with 
 respect to the county of Dublin, it shall mean the finance 
 committee :
 
 38 & 89 VICT. c. 68, ss. 34 36. SCHEDULE. 597 
 
 The term " police constable " shall mean, with respect to the police Section 34, 
 
 district ot Dublin metropolis, constable of the Dublin metro- 
 
 politan police, and with respect to any other part of Ireland, 
 constable of the royal Irish constabulary. 
 
 35. This Act shall commence on the first day of October one Commence- 
 thousand eight hundred and seventy-five. ment of the 
 
 Act. 
 36.^This Act may be cited as " The Sale of Food and Drugs Act, Title of the 
 
 SCHEDULE. 
 
 FORM OF CERTIFICATE. 
 
 To (a) 
 
 I, the undersigned, public analyst for the , do herehy certify that 
 
 I received on the day of , 18 , from (b) , a sample 
 
 of for analysis (which then weighed (c) ), and have analysed 
 
 the same, and declare the result of my analysis to be as follows : 
 
 I am of opinion that the same is a sample of genuine 
 or, 
 
 I am of opinion that the said sample contained the parts as under or the 
 per-centages of foreign ingredients as under. 
 
 Observatiotis (d). 
 
 As witness my hand this day of 
 
 A.B., 
 at 
 
 (a) Here insert the name of the person submitting the article for 
 analysis. 
 
 (b) Here insert the name of the person delivering the sample. 
 
 (c) When the article cannot be conveniently weighed, this passage may 
 be erased, or the blank may be left unfilled. 
 
 (d) Here the analyst may insert at his discretion his opinion as to whether 
 the mixture (if any) was for the purpose of rendering the article portable 
 or palatable, or of preserving it, or of improving the appearance, or was 
 unavoidable, and may state whether in excess of what is ordinary, or other- 
 wise, and whether the ingredients or materials mixed are or are not injurious 
 to health. 
 
 In the case of a certificate regarding milk, butter, or any article liable to 
 decomposition, the analyst shall specially report whether any cliange had 
 taken place in the constitution of the article that would interfere with the 
 analysis.
 
 AN ACT 
 
 TO AMEND THE SALE OF FOOD AND DRUGS ACT, 1875. 
 42 & 43 VICT. CAP. 30. 
 
 21ST JULY, 1879. 
 
 38 & 39 Viet, 
 c.63. 
 
 Short title. 
 
 In sale of 
 adulterated 
 articles no 
 defence to 
 allege pur. 
 chase for 
 analysis. 
 
 Officer, in- 
 spector, or 
 constable may 
 obtain a 
 sample of 
 milk at the 
 place of 
 delivery to 
 submit to 
 analyst. 
 
 WHEREAS conflicting decisions have been given in England and in 
 Scotland (a) in regard to the meaning and effect of section six of the Sale 
 of Food and Drugs Act, 1875, in this Act referred to as the principal 
 Act, and it is expedient, in this respect and otherwise, to amend the 
 said Act : Be it enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the lords spiritual and temporal, 
 and commons, in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. This Act may be cited for all purposes as the Sale of Food and 
 Drugs Act Amendment Act, 1879. 
 
 2. In any prosecution under the provisions of the principal Act (6) 
 for selling to the prejudice of the purchaser any article of food or any 
 drug, which is not of the nature, substance, and quality of the article 
 demanded by such purchaser, it shall be no defence to any such pro- 
 secution to allege that the purchaser, having bought only for analysis, 
 was not prejudiced by such sale. Neither shall it be a good defence 
 to prove that the article of food or drug in question, though defective 
 in nature or in substance or in quality, was not defective in all three 
 respects. 
 
 3. Any medical officer of health, inspector of nuisances, or inspector 
 of weights and measures, or any inspector of a market, or any police 
 constable under the direction and at the cost of the local authority 
 appointing such officer, inspector, or constable, or charged with the exe- 
 cution of this Act, may procure at the place of delivery (c) any sample 
 of any milk in course of delivery to the purchaser or consignee in 
 pursuance of any contract for the sale to such purchaser or consignee of 
 such milk ; and such officer, inspector, or constable, if he suspect the 
 same to have been sold contrary to any of the provisions of the 
 principal Act, shall submit the same to be analysed, and the same 
 shall be analysed, and proceedings shall be taken, and penalties on 
 conviction be enforced in like manner in all respects as if such officer, 
 inspector, or constable had purchased the same from the seller or 
 consignor under section thirteen of the principal Act. 
 
 (a) This apparently refers to the case of Davidson v. McLeod before the 
 high court of justiciary at Edinburgh, cited in note (g), p. 587, ante. 
 
 (b) That is under section 6. 
 
 (c) This and the following section get rid of the restriction as to the 
 place of sale in section 17 of the principal Act.
 
 42 & 43 VICT. c. 30, ss. 410. 599 
 
 4. The seller or consignor or any person or persons entrusted by 
 
 him for the time being with the charge of such milk, if he shall Section 4. 
 refuse to allow such officer, inspector, or constable to take the p ena u v f or 
 Quantity which such officer, inspector, or constable shaU require for re f usa l to 
 the purpose of analysis, shall be liable to a penalty not exceeding cri ve m ;ik f or 
 ten pounds. analysis. 
 
 5. Any street or open place of public resort shall be held to come Extension of 
 within the meaning of section seventeen of the principal Act. Act as to sale 
 
 in streets, &c. 
 
 6. In determining whether an offence has been committed under Reduction 
 section six of the said Act by selling, to the prejudice of the allowed to the 
 purchaser, spirits not adulterated otherwise than by the admixture extent of 
 
 of water (d), it shall be a good defence to prove that such admixture 25 degrees 
 
 has not reduced the spirit to more than twenty-five degrees under under proof 
 
 proof for brandy, whisky, or rum, or thirty-five degrees under proof f r brandy, 
 
 for gin. whisky, or 
 
 rum, and 35 
 
 7. Every liberty having a separate court of quarter sessions, except de o reesf orgin. 
 a liberty of a cinque port, shall be deemed to be a county within the Extension of 
 meaning of the said Act. meaning of 
 
 " county." 
 
 8. The town council of any borough having a separate court of Quarter 
 quarter sessions shall be exempt from contributing towards the sessions 
 expenses incurred in the execution of the principal Act in respect boroughs not 
 of the county within which such borough is situate, and the to contribute 
 treasurer of the county shall exclude the expenses so incurred from * county 
 the account required by section one hundred and seventeen of the analyst. 
 Municipal Corporation Act, 1835, to be sent by him to such town 5 & 6 Will. 4, 
 council. c. 76. 
 
 9. The town council of any borough having under any general Provision for 
 or local Act of parliament, or otherwise, a separate police establish- boroughs 
 ment, and being liable to be assessed to the county rate of the with separate 
 county within which the borough is situate, shall be paid by the police, 
 justices of such county the proportionate amount contributed 
 
 towards the expenses incurred by the county in the execution of 
 the principal Act by the several parishes and parts of parishes 
 within such borough in respect of the rateable value of the property 
 assessable therein, as ascertained by the valuation lists for the time 
 being in force. 
 
 10. In all prosecutions under the principal Act, and notwith- Special pro- 
 standing the provisions of section twenty of the said Act, the vision as to 
 summons to appear before the magistrates shall be served upon the time for . 
 person charged with violating the provisions of the said Act within proceedings, 
 a reasonable time, and in the case of a perishable article not exceed- 
 ing twenty-eight days from the time of the purchase from such 
 
 person for test purposes of the food or drug, for the sale of which 
 in contravention to the terms of the principal Act the seller is 
 rendered liable to prosecution, and particulars of the offence or 
 offences against the said Act of Avhich the seller is accused, and also 
 the name of the prosecutor, shall be stated on the summons, and the 
 summons shall not be made returnable in a less time than seven 
 days from the day it is served upon the person summoned. 
 
 (d) As to cases on the dilution of spirits with water before this Act refer 
 to note (ff), p. 587, ante.
 
 AN ACT 
 
 FOR THE BETTER PREVENTION OF DISEASES. 
 18 & 19 VICT. CAP. 116. 
 
 14TH AUGUST, 1855. 
 
 WHEREAS the provisions of " The Nuisances Removal and Diseases 
 Prevention Act, 1848," amended by " The Nuisances Removal and 
 Diseases Prevention Amendment Act, 1849," in so far as the same 
 relate to the prevention or mitigation of epidemic, endemic, or con- 
 tagious diseases, are defective, and it is expedient to substitute other 
 provisions more effectual in that behalf : Be it therefore enacted by 
 the Queen's most excellent Majesty, by and with the advice and con- 
 sent of the lords spiritual and temporal, and commons, in this present 
 parliament assembled, and by the authority of the same, as follows : 
 
 Short title. 1- This Act may be cited for all purposes as the " Diseases Preven- 
 
 tion Act, 1855 " (a). 
 
 Local autho- 2. The local authority for executing this Act shall be the local 
 
 rity for authority acting in execution of any general Act in force for the time 
 
 execution of being for the removal of nuisances (b). 
 
 Act. 
 
 Expenses of ^. '^ ne ex P enses incurred in execution of this Act shall be borne 
 
 A c out of the rates or funds administered by such local authority, under 
 
 the provisions and for the purposes of any such general Act as is 
 
 referred to in the preceding section (c). 
 
 Power of 4. The local authority and their officers shall have power of entry 
 
 entry. for the purposes of this Act, and for executing or superintending the 
 
 execution of the regulations and directions of the general board 
 
 issued under this Act. 
 
 Power to 5. Whenever any part of England appears to be threatened with 
 
 (a) This Act is repealed, except so far as relates to the metropolis, by 
 the Public Health Act, 1875, s. 343, sched. 5, Part 1, except as to any thing 
 duly done or suffered, &c., or any right or liability acquired. See note to 
 section 1 of Nuisances Eemoval Act for England, 1855, post. 
 
 (b) This and the 3rd section, and every other enactment constituting a 
 local authority for the execution of this Act or providing for the expenses 
 of the execution thereof, except those contained in the 18 & 19 Viet, 
 c. 120, the Metropolis Local Management Act, were repealed by the 23 & 24 
 Viet. c. 77, s. 10. Sec Act, post. 
 
 (c) See note to preceding section.
 
 18 & 19 VICT. c. 116, ss. 58. 601 
 
 or is affected by any formidable epidemic, endemic, or contagious Section 5, 
 
 disease, the lords and others of Her Majesty's most honourable privy 
 
 council, or any three or more of them (the lord president of the P ri . v y council 
 
 council or one of Her Majesty's principal secretaries of state being *? lssue orders 
 
 one) may, by order or orders to be by them from time to time made, : hat P rovisions 
 
 direct that the provisions herein contained for the prevention of p rei ^ on * 
 
 diseases be put in force in England, or in such parts thereof as in J? r 
 
 such order or orders respectively may be 'expressed, and may from J f diseases 
 
 time to time, as to all or any of the parts to which any such order or may be put 
 
 orders extend, and in like manner revoke or renew any such order ; in force (cZ) 
 
 and, subject to revocation and renewal as aforesaid, every such order 
 
 shall be in force for six calendar months, or for such shorter period 
 
 as in such order shall be expressed ; and every such order of Her 
 
 Majesty's privy council, or of any members thereof, as aforesaid, shall 
 
 be certified under the hand of the clerk in ordinary of Her Majesty's 
 
 privy council, and shall be published in the London Gazette ; and 
 
 such publication shall be conclusive evidence of such order to all 
 
 intents and purposes. 
 
 6. From time to time after the issuing of any such order as afore- Power to 
 said, and whilst the same continues in force, the general board of general board 
 health (e) may issue directions and regulations, as the said board of health to 
 think fit issue regula- 
 
 For the speedy interment of the dead : tions to carr y 
 
 For house to house visitation : ou * such P ro ' 
 
 For the dispensing of medicines, guarding against the spread of vlslons ' 
 disease, and affording to persons afflicted by or threatened with 
 such epidemic, endemic, or contagious diseases, such medical 
 aid and such accommodation as may be required : 
 
 And from time to time in like manner may revoke, renew, and alter Local extent 
 any such directions and regulations as to the said board appears and duration 
 expedient, to extend to all parts in which the provisions of this Act of regulations 
 for the prevention of disease shall for the time being be put in force f general 
 under such orders as aforesaid, unless such directions and regulations board, 
 be expressly confined to some of such parts, and then to such parts 
 as therein are specified ; and (subject to the power of revocation and 
 alteration herein contained) such directions and regulations shall 
 continue in force so long as the said provisions of this Act shall under 
 such order be applicable to the same parts. 
 
 7. Every such direction and regulation as aforesaid, when issued, Publication 
 shall be published in the London Gazette, and the Gazette in which O f such regu- 
 such direction or regulation was published shall be conclusive lations. 
 evidence of the direction or regulation so published, to all intents 
 
 and purposes. 
 
 8. The local authority shall superintend and see to the execution The local 
 
 (d) The provisions relating to the prevention of epidemic diseases in the 
 Public Health Act, 1875, are contained in the 134th to the 140th sections 
 inclusive. They apply to the districts of local authorities as defined by this 
 
 (e) The powers of general board of health became vested in privy council 
 by 21 and 22 Vicfc. c. 97. 
 
 By the Public Health Act, 1875, section 130, the local government board 
 were empowered to make, alter, and revoke regulations for treatment of 
 persons afflicted with cholera or any other epidemic, endemic, or infectious 
 disease, and preventing the spread of such diseases.
 
 602 
 
 APPENDIX. THE DISEASES PREVENTION ACT, 1855. 
 
 Section 8. f sucn di rect i Qlls an( l regulations, and shall appoint and pay such 
 medical or other officers or persons, and do and provide all such 
 acts, matters, and things, as may be necessary for mitigating such 
 disease, or for superintending or aiding in the execution of such 
 directions and regulations, or for executing the same, as the case 
 may require. 
 
 authority to 
 see to the 
 execution of 
 guoh regula- 
 tions, &c. 
 
 and may 
 direct proge- 
 cutions for 
 violating the 
 game. 
 Orders of 
 council, direc- 
 tions and 
 regulationg 
 to be laid 
 before 
 parliament. 
 Order in 
 council may 
 extend to 
 parts and 
 arms of the 
 sea. () 
 
 Medical 
 officers of 
 unions and 
 others entitled 
 to costs of 
 attending 
 sick on board 
 vessels, when 
 required by 
 orders of 
 general 
 board of 
 health, (c) 
 
 ecu- 
 .on or 
 
 9. The local authority may from time to time direct any pros 
 tions or legal proceedings for or in respect of the wilful violatio 
 neglect of any such direction and regulation. 
 
 10. Every order of Her Majesty's privy coiincil, and every direc- 
 tion and regulation of the general board of health, under this Act, 
 shall be laid before both houses of parliament forthwith upon the 
 issuing thereof, if parliament be then sitting, and if not, then within 
 fourteen days next after the commencement of the then next session 
 of parliament. 
 
 11. Orders in council issued in pursuance of this Act for putting 
 in force the provisions for the prevention of disease in the said 
 Nuisances Removal and Diseases Prevention Acts contained, in 
 Great Britain, may extend to parts and arms of the sea lying 
 within the jurisdiction of the admiralty ; and the board of health (b) 
 for England may issue under this Act directions and regulations for 
 cleansing, purifying, ventilating, and disinfecting, and providing 
 medical aid and accommodation, and preventing disease in ships and 
 vessels, as well upon arms and parts of the sea aforesaid as upon 
 inland waters. 
 
 12. Whenever in compliance with any regulation of the general 
 board of health, which they may be empowered to make under this 
 Act, any medical officer appointed under and by virtue of the laws 
 for the time being for the relief of the poor, shall perform any 
 medical service on board of any vessel, such medical officer shall be 
 entitled to charge extra for any such service, at the general rate of 
 his allowance for his services for the union or place for which he is 
 appointed, and such charges shall be payable by the captain of the 
 vessel, on behalf of the owners, together with any reasonable expenses 
 for the treatment of the sick ; and if such services shall be rendered 
 by any medical practitioner who is not a union or parish officer, he 
 shall be entitled to charges for any service rendered on board, with 
 extra remuneration on account of distance, at the same rate as those 
 which he is in the habit of receiving from private patients of the class 
 of those attended and treated on shipboard, to be paid as aforesaid ; 
 and in case of dispute in respect of such charges, such dispute may, 
 where the charges do not exceed 20, be determined summarily, at 
 the place where the dispute arises, as in case of seamen's wages not 
 exceeding .50, according to the provisions of the law (d) in that 
 
 (a) See Sanitary Act, 1866, section 52, with respect to vessels having on 
 board persons affected with infectious diseases ; and Public Health Act, 
 1875, sched. 5, Part III, declaring such vessels to be within 6 Geo. 4, c. 78, 
 although they had not commenced their voyage or have sailed from, or are 
 bound to, some place in the United Kingdom. 
 
 (6) See note to section 6. 
 
 (c) Compare section 138 of Public Health Act, 1875. 
 
 (d) According to provisions contained in sections 188, 523, of Mer- 
 chant Shipping Act, 17 & 18 Viet. c. 104.
 
 18 & 19 VICT. c. 116, ss; 1215. 603 
 
 behalf for the time being in force ; and any justice before whom Section 12. 
 complaint is made shall determine summarily as to the amount 
 which is reasonable, according to the accustomed rate of charge 
 within the place for attendance on patients of the like class or con- 
 ditions as those in respect of whom the charge is made. 
 
 13. The directions and regulations df the general board of health Authentica- 
 xtnder this enactment shall be under the seal of the said board, and tions of 
 
 the hand of the president or two or more members thereof ; and any directions and 
 
 copy of such regulations purporting to bear such seal and signature, regulations 
 
 whether the said signature and seal be respectively impressed and f general 
 
 written, or printed only, shall be evidence in all proceedings in which board of 
 
 such regulations may come in question. health, (e) 
 
 14. Whoever wilfully obstructs any person acting under the Penalty for 
 authority or employed in the execution of this Act, and whosoever obstructing 
 wilfully violates any direction or regulation issued by the general execution of 
 board of health as aforesaid, shall be liable for every such offence to Act. 
 
 a penalty not exceeding 5, to be appropriated in or towards 
 defraying the expenses of executing this Act. 
 
 15. The provisions of any general Act in force for the removal Certain pro- 
 of nuisances, with regard to the service of notices, the proof of orders visions of 
 or resolutions of the local authority, and the recovery of penalties, Nuisances 
 shall extend and apply to this Act. 
 
 
 (e) Repealed by Statute Law Revision Act, 1878. 
 
 this Act.
 
 AN ACT 
 
 TO CONSOLIDATE AND AMEND THE NUISANCES 
 REMOVAL AND DISEASES PREVENTION ACTS, 
 1848 AND 1849 (a), 
 
 18 & 19 VICT. CAP. 121, 
 14TH AUGUST, 1855. 
 
 11 & 12 Viet. WHEREAS the provisions of " The Nuisances Removal and Diseases 
 c. 111. Prevention Act, 1848," amended by " The Nuisances Removal and 
 
 12 & 13 Viet. Diseases Prevention Amendment Act 1849," are defective, and it is 
 c. 123. expedient to repeal the said Acts, as far as relates to England, and to 
 
 substitute other provisions more effectual in that behalf : Be it there- 
 fore enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 Recited Acts 1. From and after the passing of this Act, the said Acts are by 
 
 repealed as this section repealed as far as relates to England : Provided always, 
 
 far as relates that all proceedings commenced or taken under the said Acts, and 
 to England, 
 
 (a) This Act was amended by 23 & 24 Viet. c. 77, and 26 & 27 Viet. 
 c. 117 (Nuisances Removal Acts for England Amendment Act, 1863), 
 29 & 30 Viet. c. 41 (Nuisances Removal Act, No. 1, 1866), and 29 & 30 
 Viet. c. 90 (Sanitary Act, 1866). The whole of these Acts and this Act 
 were, by The Public Health Act, 1872, 35 & 36 Viet. c. 79, s. 60, included 
 in the expression " Nuisances Removal Acts." The Sanitary Act, 1866, 
 was amended by 31 & 32 Viet. c. 100 (Sanitary Loans Act, 1869), 33 & 34 
 Viet. c. 53 (Sanitary Act, 1870), 35 & 36 Viet. c. 79 (The Public Health 
 Act, 1872), and 37 & 38 Viet. c. 84 (Sanitary Law Amendment Act, 
 1874). 
 
 The 38 & 39 Viet. c. 55 (The Public Health Act, 1875), which consoli- 
 dates and embodies in a single statute the scattered and isolated provisions 
 contained in various Acts relating to the powers and duties of sanitary 
 authorities in England, repeals the whole of the foregoing enactments, 
 except so far as relates to the metropolis (section 343, Sched. V., Part I.), 
 subject to the savings and qualifications in that section. The repeal 
 of the Sanitary Law Amendment Act, 1874, by the Act of 1875, also 
 excepts the metropolitan police district as well as the metropolis. The 
 second section enacts that the Act shall not extend to Scotland or Ireland, 
 nor, save as therein expressly provided, to the metropolis as defined by the 
 Metropolis Management Act, 3 855. There are very few provisions which 
 apply to the metropolis, and those which do are referred to in the notes 
 appended to this and the amending Acts which follow,
 
 18 & 19 VICT. c. 121, ss. 1, 2. 605 
 
 not yet completed, may be proceeded with under the said Acts ; Section 1, 
 and all contracts or works undertaken by virtue of the said Acts 
 shaU continue and be effectual as if the said Acts had not been exce P t 1 ^ s to 
 repealed. proceedings 
 
 commenced, (b) 
 
 2. In this Act the following words and expressions have the mean- Interpreta- 
 ings by this section hereinafter assigned to them, unless such mean- tion of certain 
 ings be repugnant to or inconsistent with the context ; (that is to terms used in 
 say,) the word " place " includes any city, borough, district under the this Act. 
 Public Health Act, parish, township, or hamlet, or part of any such 
 city, borough, district, town, parish, township, or hamlet ; the word 
 " guardians " includes the directors, wardens, overseers, governors, or 
 other like officers having the management of the poor for any parish, 
 or place where the matter or any part of the matter requiring the 
 cognizance of any such officer arises ; the word " borough," and the 
 expressions "may or, aldermen, and burgesses," "council," and "borough 
 fund," have respectively the same meaning as in the Acts for the 
 regulation of municipal corporations, and shall also respectively 
 mean, include, and apply to any royal borough, royal town, or other 
 town having a warden, high bailiff, borough reeve, or other chief 
 officer, and burgesses or inhabitants, however designated, associated 
 with him in the government or management thereof, or any town or 
 place having a governing body therein in the nature of a corporation 
 or otherwise, and to the chief officers and governing bodies of such 
 boroughs, towns, and places, and to the funds and property under 
 the management of or at the disposal of such chief officers and 
 governing bodies; the expression "Improvement Act" means an 
 Act for regulating and managing the police of, and for draining, 
 cleansing, paving, lighting, watching, and improving a place, and an 
 Act for any of those purposes; the word "owner" includes any 
 person receiving rents of the property in respect of which that word 
 is used from the occupier of such property on his own account, or as 
 trustee or agent for any other person, or as receiver or sequestrator 
 appointed by the court of chancery or under any order thereof, 
 or who would receive the same if such property were let to a tenant (c); 
 the word " premises " extends to all messuages, lands, or tenements, 
 whether open or inclosed, whether built on or not, and whether 
 public or private ; the word " parish " includes every township or 
 place separately maintaining its poor, or separately maintaining its 
 own highways ; the expression " quarter sessions " means the court of 
 general or quarter sessions of the peace for a county, riding, or divi- 
 sion of a county, city, or borough ; the word " person," and words 
 applying to any person or individual, apply to and include corpora- 
 tions, whether aggregate or sole ; and the expression "two justices" 
 shall, in addition to its ordinary signification, mean one stipendiary 
 or police magistrate acting in any police court for the district. 
 
 (J) After the passing of the Public Health Act, 1875, a local board 
 made a rate referring to a repealed Act. Held, that the notice of the 
 rate was a "thing done" within the provision, section 343, of the Act, and 
 valid j R. v. West Riding Yorkshire, JJ., L. R. 1 Q. B. D. 220. An order 
 prohibiting a smoke nuisance before the passing of the same Act, held, 
 "a liability" within the same provision; Barnes v. Eddleston, L. K. 
 1 Ex. D., 102. 
 
 (c) See failure of local authority to recover expenses of works for abate- 
 ment of nuisance against parties acting under power of attorney as owners 
 in BlyiUng v. Warton, 3 B. & S. p. 352.
 
 606 
 
 APPENDIX. THE NUISANCES REMOVAL ACT FOB ENGLAND, 1855. 
 
 PAET I. 
 Section 3. 
 
 The local 
 authority to 
 execute this 
 Act in places 
 as herein 
 stated (a) 
 
 PART I. 
 
 And with respect to tlie constitution of the local authority for the 
 execution of this Act, the expenses of its execution, the description of 
 nuisances that may be dealt with under it, and the powers of entry 
 for the purposes of the Act, be it enacted thus : 
 
 3. The following bodies shall respectively be the local authority to 
 execute this Act in the districts hereunder stated in England : 
 
 In any place within which the Public Health Act is or shall be in 
 force, the local board of health : 
 
 In any other place wherein a council exists or shall exist, the 
 mayor, aldermen, and burgesses by the council, except in the 
 city of London and the liberties thereof, where the local autho- 
 rity shall be the commissioners of sewers for the time being ; 
 and except in the city of Oxford and borough of Cambridge, 
 where the local authority shall be the commissioners acting in 
 execution of the Local Improvement Acts in force respectively in 
 the said city and borough : 
 
 In any place in which there is no local board of health or council, 
 and where there are or shall be trustees or commissioners under 
 an improvement Act, such trustees or commissioners : 
 
 In any place within which there is no such local board of health 
 nor council, body of trustees, or commissioners, and where there 
 is or shall be a board for the repair of the highways of such place, 
 that board : 
 
 In any place where there is no such local board of health, council, 
 body of trustees, or commissioners, nor highway board, a com- 
 mittee for carrying this Act into execution, by the name of " The 
 Nuisances Removal Committee," of which the surveyor or 
 surveyors of highways for the time being of such place shall be 
 ex officio a member or members, may be annually chosen by the 
 vestry on the same day as the overseers or surveyors of high- 
 ways, and the first of such committees may be chosen at a vestry 
 to be specially held for that purpose ; and such committee may 
 consist of such number of members us the vestry shall determine, 
 not being more than twelve, exclusive of such surveyor or sur- 
 veyors, and of such committee three shall be a quorum : 
 
 In any place wherein there is no such local board of health, 
 council, body of trustees or commissioners, highway board or 
 committee appointed as aforesaid, and wherein there is or shall 
 be a board of inspectors for lighting or Avatching under the Act 
 3 & 4 Will. 4, c. 90, that board with the surveyor of high- 
 ways : 
 
 (re) This and the 6th, 7th, and 9th sections of this Act arc repealed 
 by 23 & 24 Viet. c. 77, s. 1, save as to charges and expenses already 
 incurred, &c. Section 6 of that Act contains a provision, that as regards 
 the metropolis, vestries, and district hoards within their respective parishes 
 and districts, shall continue to he the local authority for the execution of 
 the Nuisances Removal Act, and their charges and expenses shall be 
 defrayed as if that Act (23 & 24 Viet. c. 77) had not been passed; and by 
 the Sanitary Act, 1866, the term " nuisance authority " is denned to mean, 
 any authority empowered to execute the Nuisances Removal Acts.
 
 18 & 19 VICT. c. 121, ss. 37. 607 
 
 In any place in which there is no such local board of health, PABT I. 
 council, body of trustees, or commissioners, nor highway board, -7- 
 
 nor committee appointed as aforesaid, nor board of inspectors Section 3. 
 for lighting and watching, the guardians and overseers of the 
 poor and the surveyors of the highways in and for such place. 
 
 4. On any vacancy in such nuisances removal coinmitte arising As to filling 
 from death, change of residence or otherwise, notice shall be given U P vacancies, 
 by the committee to the churchwardens, who shall forthwith 
 
 summon a meeting of the vestry, and fill up such vacancy by 
 election ; and until such vacancy is filled up the remaining members 
 of the committee may act in all respects as if their number was com- 
 plete. 
 
 5. The local authority may appoint any committee of their own Power to local 
 body to receive notices, take proceedings, and in all or certain speci- authority to 
 lied respects execute this Act, Avhereof two shall be a quorum ; and appoint corn- 
 such local authority, or their committee, may, in each particular case, mitteau 
 
 by order in writing (6) iinder the hand of the chairman of such body 
 or committee, empower any officer or person to make complaints and 
 take proceeding on their behalf. 
 
 6. In extra-parochial places not comprised within the jurisdiction of As to the exe- 
 any of the local authorities aforesaid, and having a population of not cution of this 
 less than two hundred persons, the local authority for the execution Act in extra- 
 of this Act shall be a nuisance removal committee, elected annually parochial 
 
 by the householders within the extra parochial place : places, (c) 
 
 The first election of such committee shall take place at a meeting 
 of such householders summoned for that purpose by the church- 
 wardens of the adjacent place having the largest common boun- 
 dary, with such extra-parochial place ; and 
 
 Subsequent elections shall be held annually on some day in Easter 
 week at meetings summoned by the chairman of the authority 
 for the year preceding : 
 
 Extra-parochial places not so comprised as aforesaid, and having 
 a population of less than two hundred persons, shall for the pur- 
 pose of this Act be attached to and form part of the adjacent 
 place having the largest common boundary with the extra-paro- 
 chial place, and notice of vestry meetings for the election of a 
 local authority under and for the purposes of this Act shall be 
 given in such extra-parochial places, and the householders within 
 such places may attend such vestry meetings, and vote on such 
 elections. 
 
 7. All charges and expenses incurred by the local authority in As to defray - 
 executing this Act, and not recovered, as by this Act provided, may ing expenses 
 be defrayed as follows ; to wit, of executing 
 
 Out of general district rates, where the local authority is a local tnis Acfc - ( d ) 
 
 board of health ; 
 Out of the borough fund or borough rate, where the local authority 
 
 is the mayor, aldermen, and burgesses by the council, or if there 
 
 (6) The order must have been in writing; Isle of Wight Ferry Com- 
 pany v. Eyde Commissioners, 25 J. P. 454. 
 
 (c) Repealed by 23 & 24 Viet. c. 77, with a saving in favour of vestries 
 aud district boards in the metropolis. See note to section 3, ante. 
 
 (d) See note to section 3, ante.
 
 608 APPENDIX. THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 PART. I. be an improvement Act for the borough administered by the 
 
 q TT~ _ council, then out of rates levied thereunder applicable to the pur- 
 
 oection /. p 0seg O f mc fa improvement Act ; or in the city of London and the 
 
 liberties thereof, any rates or funds administered by the commis- 
 sioners of sewers for the said city and liberties : 
 
 Provided always, that in the city of Oxford and borough of Cambridge 
 . such expenses shall be deemed annual charges and expenses of 
 cleansing the streets of the said city and borough respectively, 
 and shall be so payable ; 
 
 Out of the rates levied for the purposes of improvement under any 
 improvement Act, where the local authority is a body of trus- 
 tees or commissioners acting in execution of the powers of such 
 an Act ; 
 
 Out ol highway rates, or any fund applicable in aid or in lieu thereof, 
 where the local authority is a highway board, or a nuisance re- 
 moval committee ; 
 
 Out of the rates for lighting and watching, where the local autho- 
 rity is a board of inspectors appointed for lighting and watching ; 
 
 And if there be no such rates or funds, or if the local authority be 
 the guardians and surveyors of highways, then out of the rates 
 or funds applicable to the relief of the poor of the parish or place 
 wherein such rates or funds are collected or arise, if such parish 
 or place be co-extensive with the district within which the charges 
 and expenses are incurred, but if such parish or place be now or 
 hereafter shall be partly comprised within and partly without 
 the limits of a place where a local authority, other than a high- 
 way board, nuisance removal committee, inspectors of watching 
 and lighting, and surveyors or guardians and surveyors exists or 
 shall exist, all the charges and expenses incurred in the district 
 comprising that part of the parish or place which is excluded 
 from such limits shall be defrayed out of any highway rate or 
 rates, or any funds applicable in lieu thereof, collected or raised 
 within the part so excluded ; and if there be more than one 
 highway rate collected within such district, the local authority 
 shall settle the proportion in which the respective parties or 
 places liable thereto shall bear such charges and expenses ; and 
 if any portion of such excluded part be exempt from such 
 highway rate or rates, then all the charges and expenses in- 
 curred in the whole of such excluded part shall be defrayed out 
 of any district police rate or other rate which may by the Act 
 12 & 13 Viet. cap. 65, be raised and assessed upon such excluded 
 part. 
 
 And when the local authority has not control of such rates or 
 funds, the officer or person having the custody or control thereof 
 shall pay over the amount to the local authority, on the order 
 of two justices, directed to such officer or person ; and on 
 neglect or refusal to pay the sum specified in such order for 
 six days after the service thereof, the same may, by warrant 
 under the hands of the same or any two justices, be levied by 
 distress and sale of the goods and chattels of the officer or person 
 in default, and such levy shall include the costs of such distress 
 and sale : 
 
 In extra-parochial places having a population of not less than two 
 hundred persons, out of a rate assessed by the local authority on 
 all such property in the place as would be assessable to highway 
 rate if such rate were levied therein : 
 
 In extra-parochial places having a population of less than two 
 hundred persons, out of a similar rate assessed by the surveyor
 
 18 & 19 VICT. c. 121, ss. 7, 8. 609 
 
 of highways of the adjacent place having the largest common PAET I. 
 boundary with such extra-parochial place : -7- 
 
 And the local authority in the first case, and the surveyor of high- Section 7. 
 ways in the second, may levy and collect the sums so assessed, 
 in the same manner, and with the same remedies in case of any 
 default in payment thereof, and with the same right of appeal 
 against the amount of such assessment reserved to the person 
 assessed, as are provided by the law in force for the time being 
 with regard to rates for the repair of highways. 
 
 8. The word " nuisances " (a) under this Act shall include What arc 
 
 Any premises in such a state as to be a nuisance or injurious deemed nui- 
 to health : sauces under 
 
 Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, this Act. 
 drain, or ashpit so foul as to be a nuisance or injurious to 
 health : 
 
 Any animal so kept as to be a nuisance or injurious to health : 
 Any accumulation or deposit (b) which is a nuisance or injurious 
 
 to health : 
 
 Provided always, that no such accumulation or deposit as shall be 
 necessary for the effectual carrying on of any business or manu- 
 facture shall be punishable as a nuisance under this section when 
 it is proved to the satisfaction of the justices that the accumulation 
 or deposit has not been kept longer than is necessary for the pur- ' 
 
 (a) This definition of the term " nuisances " is by the Sanitary Act, 1866, 
 section 19, extended to houses overcrowded, fireplaces, furnaces and chimneys 
 (not in private dwelling houses) in the condition described in that section ; 
 see the Act post. The 108 section of the Public Health Act, 1875, em- 
 powering local authorities to proceed in case of nuisances caused by acts or 
 defaults without their district, is extended to the metropolis so far as to 
 authorize certain proceedings to be taken under it by any nuisance authority 
 (i.e. the local authority in the metropolis for the execution of the Nuisances 
 Removal Act, 1855, and the Acts amending the same) in respect of nuisances 
 within the area of their jurisdiction caused by acts, &c., within the district of 
 a local authority under the Public Health Act. It had been previously decided 
 that where certain brewers had poured refuse into a river in one parish and 
 created a nuisance in another, the local authority could not prefer a com- 
 plaint: E. v. Cotton, 28 L. J. M. C. 22. 
 
 The dripping of water from a railway bridge upon a highway underneath, 
 was held not to be a nuisance within this Act : Great Western Railway 
 Company v. Bishop, L. R. 7 Q. B. 550 ; 41 L. J. M. C. 120; as to nuisances 
 within this Act see Soltau v. De Held, 2 Sim. (N.S.) 133. 
 
 The escape of sulphuretted hydrogen gas from a sewer which appellants 
 were bound to cleanse, was held a nuisance within this section (8), and res- 
 pondents might make complaint though they might have contributed to the 
 nuisance : St. Helen's Chemical Company v. Corporation of St. Helen's, L. R. 
 1 Ex. D. (C. A.) 196. 
 
 A house which is so overcrowded as to be dangerous or prejudicial to the 
 health of thf ; inmates, is included within the definitions of " nuisances " in 
 section 19 < f 29 & 30 Viet. c. 90, although occupied by one family only : 
 Guard, of liye Union v. Payne, 40 J. P. 166; 44 L. J. M. C. 148. 
 
 An ordei to discontinue black smoke under a repealed Act was held to be 
 a " liability " within saving of xepealing Act : Barnes v. Eddleston,i>. R. 1 
 Ex. D. 1C2. 
 
 (b) T'ie nuisance must be injurious to health : Great Western Railway 
 Compaq v. Bishop, L. R. 7 Q.B. 550; and see Smith v. Waghorn, 27 J.P. 
 744; F^e section 53 of Sanitary Act, 1866, as to the periodical removal of 
 mamr'c in mews, stables, &c. 
 
 2 R
 
 610 
 
 APPENDIX. THE NUISANCES EEMOVAL ACT FOR ENGLAND, 1855. 
 
 PABT I. poses of such business or manufacture, and that the best available 
 
 means have been taken for protecting the public from injury to health 
 
 Section 8. thereby (). 
 
 Power to 
 local autho- 
 rity to appoint 
 a sanitary 
 inspector, 
 and allow him 
 a proper 
 salary (b). 
 
 Notice of 
 nuisances to 
 be given to 
 local autho- 
 rity, &c., to 
 ground pro- 
 ceedings (c). 
 
 Power of 
 entry to 
 local autho- 
 rity or their 
 officer (d). 
 
 9. The local authority shall, for the purposes of this Act, 
 appoint or employ, or join with other local authorities in appoint- 
 ing or employing, a sanitary inspector or inspectors, and may appoint 
 a convenient place for his or their office, and may allow to eveiy 
 such person on account of his employment a proper salary or allow- 
 ance ; and where local authorities join in such appointment or em- 
 ployment they may apportion among themselves the payment of 
 such salary or allowance : provided always, that where the local 
 authority has already appointed an officer who executes the duties of 
 such inspector under any improvement Act, it shall not be necessary 
 to appoint any other inspector under this Act, but the inspector 
 acting in execution of the improvement Act shall have all the powers, 
 authorities, and privileges granted to any inspector appointed under 
 this Act. 
 
 10. Notice of nuisance may be given to the local authority by any 
 person aggrieved thereby, or by any of the following persons ; the 
 sanitary inspector or any paid officer under the said local authority ; 
 two or more inhabitant householders of the parish or place to 
 which the notice relates ; the relieving officer of the union or parish; 
 any constable or any officer of the constabulary or police force of 
 the district or place ; and in case the premises be a common lodg- 
 ing house, any person appointed for the inspection of common 
 lodging houses ; and the local authority may take cognizance of 
 any such nuisance after entry made as hereinafter provided, or in 
 conformity with any improvement Act under which the inspector has 
 been appointed. 
 
 11. The local authority shall have power of entry for the following 
 purposes of this Act, and under the follo^-- : 
 
 1. To ground proceedings. 
 For this purpose, when they or any of 
 
 (a) See Sckolefield v. SchunTc, 19 J. P. 84. 
 
 (b) Repealed : see note to section 3, ante. 
 
 (c) See Sanitary Act, 1866, section 20, wan respect to thn rlnt.v nf the 
 nuisance authority as to the inspection of nuisances, &i; 
 
 By the Sanitary Act, 1866, section 35, on application by the nuisance 
 authority, the secretary of state (now the local government board) may, in 
 manner therein described, declare the enactment mentioned in that section 
 to be in force, empowering a nuisance authority to make regulations for 
 fixing the number of persons who may occupy a house or part of a house 
 let in lodgings or occupied by members of more than one famify, for regis- 
 tration of such houses and other purposes ; and see section 37 empowering 
 the nuisance authority to provide hospitals, &c., and section 38 e, seq. as to 
 penalties when persons suffering from contagious or infectious diseases expose 
 themselves, or persons letting premises in which infected persons ba.v ? InHw' 
 and section 42 as to cellar dwellings. 
 
 (d) By the Sanitary Act, 1866, section 31, the power ot entry 'nay nc~ 
 exercised at any hour when the business in respect of which the nuisance 
 arises is in progress, &c. ; and see as to time within which justice's order is 
 in force : Amys v. Creed, L. E. 4 Q. B. 122, cited in note to section I'l of 
 Sanitary Act, 1866, post.
 
 18 & 19 VICT. c. 121, ss. 11, 12. 
 
 able grounds for believing that a nuisance exists on any private 
 premises (e), demand may be made by them or their officer, on any 
 person having custody of the premises, of admission to inspect the 
 same, at any hour between nine in the morning and six in the 
 evening ; and if admission be not granted, any justice having juris- 
 diction in the place may, on oath made before him of belief in the 
 existence of the nuisance, and after reasonable notice of the intended 
 application to such justice being given in writing to the party on 
 whose premises the nuisance is believed to exist, by order under his 
 hand require the person having the custody of the premises to admit 
 the local authority or their officer ; and if no person having custody 
 of the premises can be discovered, any such justice may and shall, 
 on oath made before him of belief in the existence of such nuisance, 
 and of the fact that no person having custody of the premises can be 
 discovered, by order under his hand authorize the local authority 
 or their officers to enter the premises between the hours aforesaid. 
 
 2. To examine premises where nuisances exist, to ascertain the course 
 
 of drains, and to execute or inspect works ordered by justices 
 to be done under this Act. 
 
 For these purposes, whenever, under the provisions of this Act, 
 a nuisance has been ascertained to exist, or when an order of 
 abatement or prohibition under this Act has been made, or when 
 it becomes necessary to ascertain the course of a drain, the local 
 authority may enter on the premises, by themselves or their officers, 
 between the' hours aforesaid, until the nuisance shall have been 
 abated, or the course of the drain shall have been ascertained, or 
 the works ordered to be done shall have been completed, as the case 
 may be. 
 
 3. To remove or abate a nuisance in case of non-compliance with 
 
 or infringement of the order of justices, or to inspect or 
 examine any carcase, meat, poultry, game, flesh, fish, fruit, 
 vegetables, corn, bread or flour (/), under the powers and for 
 the purposes of this Act. 
 
 For this purpose the local authority or their officer may from time 
 to time enter the premises where the nuisance exists, or the carcase, 
 meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour 
 is found, at all reasonable hours (g), or at all hours during which busi- 
 ness is carried on on such premises, without notice. 
 
 611 
 
 PAST L 
 Section 11. 
 
 PART II. FABTII. 
 
 With regard to the removal of nuisances, be it enacted thus : 
 
 12. In any case where a nuisance is so ascertained by the local Proceedings 
 
 authority to exist, or where the nuisance in their opinion did exist by local 
 
 at the time when the notice was given, and, although the same may authority 
 
 (e) By the Metropolis Water Act, 1871, section 113, ante, the absence of 
 the prescribed fittings after the prescribed time, is declared to be a nui- 
 sance within this and sections 12-19 inclusive, and all the provisions of this 
 Act. 
 
 (/) By the Sanitary Law Amendment Act, 1874, the provision is extended 
 to " milk." 
 
 (g) The question what is a reasonable time must depend on circum- 
 stances : Cook v. Montagu, 41 L. J. M. C. 198 ; L. K. 7 Q. B. 418 } Small v, 
 BucUey, 32 L. T. (N.S.) 727. 
 
 2 B 2
 
 APPENDIX. THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 PABT II. 
 Section 12. 
 
 If proved to 
 justices that 
 nuisance, 
 exists, &c., 
 they shall 
 issue order 
 for abate- 
 ment, &c. 
 
 have been since removed or discontinued, is in their opinion likely 
 to recur or to be repeated on the same premises or any part thereof, 
 they shall cause complaint thereof to be made before a justice of the 
 peace ; and such justice shall thereupon issue a summons requiring 
 the person by whose act, default, permission, or sufferance the 
 nuisance arises or continues, or, if such person cannot be found or 
 ascertained, the owner or occupier of the premises on which the 
 nuisance arises, to appear before any two justices, in petty sessions 
 assembled, at the usual place of meeting, who shall proceed to in- 
 quire into the said complaint ; and if it be proved to their satisfac- 
 tion that the nuisance exists, or did exist at the time when the 
 notice was given, or, if removed or discontinued since the notice was 
 given, that it is likely to recur or to be repeated, the justices shall 
 make an order in writing under their hands and seals on such per- 
 son, owner, or occupier for the abatement or discontinuance and pro- 
 hibition of the nuisance as hereinafter mentioned, and shall .also 
 
 (a) By the action of the sea a quantity of seaweed was drifted into a har- 
 bour, and, being left there, became a nuisance ; held, that the conipany in 
 whom the harbour was vested, were bound to remove it, and not having 
 done so, an order was rightly made upon them under this section ; Mar- 
 gate Pier Company v. Borough of Margate, 5 Cox Mag. Cases ; 20 L. T. 
 (n.s.) 564. 
 
 The owner of a market was held liable for a nuisance caused by the 
 droppings of sheep left in pens in the market, as a person by whose act, 
 default, or sufferance, the nuisance was created ; Draper \. Sperring, 10 
 C. B. (N.S.) 113. 
 
 An owner of works was held liable for a nuisance caused by acts of his 
 servants ; Sanies v. Akroyd, 41 L. J. M. C. 110. 
 
 An order was made by justices for the abatement of an existing nuisance 
 and for the prohibition of its recurrence ; held, that so much of the order 
 as directed an abatement was bad, but the part prohibiting recurrence was 
 good; Mayor, Sfc., of Scarborough v. Rural Sanitary Authority of Scar- 
 borough, L. K. 1 Ex. D. 344 ; and see B. v. Justices of Cumberland, 41 
 J. P. 454. 
 
 When the accumulation occasioned by the flow of sewage from several 
 houses caused a nuisance, the occupier of each house was decided to be 
 liable ; Guardians of Hendon v. Bowles, 20 L. T. (N.S.) 609. 
 
 Persons in whose premises nuisance commences, are liable as persons by 
 whose acts the nuisance arose; Brown v. Bussell, Francomb v. Freeman, 
 L. R. 3 Q. B. 251. 
 
 The jurisdiction of justices only arises where both cause and efi'ect of 
 nuisance are within area of local authority ; R. v. Cotton, 1 E. & E. 1203. 
 But see now Public Health Act, 1875, section 108. 
 
 An order of abatement of a nuisance having bceii made, the nuisance 
 continuing, an order prohibiting the recurrence was made. Two informa- 
 tions having been laid, one in respect of each order, but both founded on 
 the same nuisance, it was held that the act complained of being the same 
 in each case, there could not be two convictions in respect of it ; Eddleston 
 v. Barnes, L. E. 1 Ex. D. 67. 
 
 The 13th section of 23 & 24 Viet. c. 77, directs the justices to issue a 
 summons upon complaint by any inhabitant of any parish or place of the 
 existence of any nuisance on any private premises, and the justices hearing 
 the complaint are to act in relation thereto as in cases under this section. 
 The Sanitary Act, 1866, section 21, requires notice to be given to the person 
 by whose act, default, or sufferance the nuisances arises, before taking pro- 
 ceedings under this section. And see proviso as to notice where the nui- 
 sance arises from the want or defective construction of any structural con- 
 venience; and 22nd and following sections as to the cleansing and disinfec- 
 ting of houses, and other requirements.
 
 18 & 19 VICT. c. 121, ss. 1214. 613 
 
 make an order for the payment of all costs incurred up to the time PAST II. 
 of hearing or making the order for abatement or discontinuance or - 
 prohibition of the nuisance. Section 12. 
 
 13. By their order the justices may require the person on whom Justices order 
 it is made to provide sufficient privy accommodation, means of f r abate- 
 drainage or ventilation, or to make safe and habitable, or to pave, ment (*) 
 cleanse, whitewash, disinfect, or purify the premises which are a 
 
 nuisance or injurious to health, or such part thereof as the justices 
 may direct in their order, or to drain, empty, cleanse, fill up, amend, 
 or remove the injurious pool, ditch, gutter, watercourse, privy, 
 urinal, cesspool, drain, or ashpit which is a nuisance or injurious to 
 health, or to provide a substitute for that complained of, or to carry 
 away the accumulation or deposit which is a nuisance or injurious to 
 health, or to provide for the cleanly and wholesome keeping of the 
 animal kept so as to be a nuisance or injurious to health, or if it be 
 ' proved to the justices to be impossible so to provide, then to remove 
 the animal, or any or all of these things (according to the nature of 
 the nuisance), or to do such other works or acts as are necessary to 
 abate the nuisance complained of, in such manner and within such 
 time as in such order shall be specified ; and if the justices are of 
 opinion that such or the like nuisance is likely to recur, the justices 
 may further prohibit the recurrence of it, and direct the works 
 necessary to prevent such recurrence, as the case may in the judg- 
 ment of "such justices require ; and if the nuisance proved to exist Prohibitive 
 be such as to render a house or building, in the judgment of the order against 
 justices, unfit for human habitation, they may prohibit the using future nui- 
 thereof for that purpose until it is rendered fit for that purpose in the sauce. 
 judgment of the justices, and on their being satisfied that it has been 
 rendered fit for 'such purpose they may determine their previous 
 order by another declaring such house habitable, from the date of 
 which, other order such house may be let or inhabited. 
 
 14. Any person not obeying the said order for abatement shall, if Penalty for 
 he fail to satisfy the justices that he has used all due diligence to contravention 
 carry out such order, 'be liable for every such offence to a penalty of of order of 
 not more than ten .shillings per day during his default : and any per- abatement ; 
 eon knowingly and wilfully acting contrary to the said order of pro- and of p ro - 
 hibition shall be liable for every such offence to a penalty not ex- bibition (c). 
 ceedino 1 twenty shillings per day during such contrary action ; and Local autho- 
 the local authority may (d) under the powers of entry given by this rity may enter 
 Act enter the premises to which the order relates, and remove or and removes 
 abate the nuisance condemned or prohibited, and do whatever may abate nui- 
 
 (6) This order cannot be appealed against; Ex parte Corporation of 
 
 Lt M P \n'ov on owner,'and in default on local authority, and the latter did 
 not act, owner was held liable to conviction; Tomlinson v. Nuisance Re- 
 moval Committee of Great Stanmore, 12 L. T. (N.S.) 118. 
 
 A local board are not compilable by mandamus to enforce an order they 
 had obtained; Ex parte Sassett, 1 E. & B. 280. See now Sanitary Act, 
 1866 section 49, as to defaults by nuisance authorities and other bodies, 
 
 . 
 
 (N.S.) 752; and as to continuing offence, S. v. Waterhouse L. E. 7. . B. 
 
 54 (J) 4 te J wOT' 
 BiM,26L.J.M. 
 
 N.S. ; a 
 54 (J) 4 te J wOT'd?'are 5 'discretionary; Re Local Board of Health of
 
 614 
 
 PAET II. 
 Section 14, 
 
 Appeal 
 against order 
 of prohibi- 
 tion. 
 
 Appeal 
 against order 
 of abatement 
 when struc- 
 tural works 
 are required 
 
 If person 
 causing nui- 
 sance cannot 
 be found, 
 local autho- 
 rity to exe- 
 cute order at 
 once. 
 
 Manure, &c., 
 to be sold. 
 
 Costs and ex- 
 penses of 
 works to be 
 paid by per- 
 son on whom 
 order is made, 
 or owner or 
 occupier (c). 
 
 APPENDIX, THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 be necessary in. execution of such order, and charge the cost to the 
 person on whom the order is made, as hereinafter provided. 
 
 15. Any such order of prohibition may be appealed against as 
 provided in this Act. 
 
 16. When it shall appear to the justices that the execution o 
 structural works is required for the abatement of a nuisance, they 
 may direct such works to be carried out under the direction or with 
 the consent or approval of any public board, trustees, or commis- 
 sioners having jurisdiction in the place in respect of such works; 
 and if within seven days from the date of the order the person on 
 whom it is made shall have given notice to the local authority of his 
 intention to appeal against it as provided in this Act, and shall have 
 entered into recognizances to try such appeal as provided by this 
 Act, and shall appeal accordingly, no liability to penalty shall arise, 
 or shall any work be done nor proceedings taken under such order 
 until after the determination of such appeal, unless such appeal 
 cease to be prosecuted. 
 
 17. Whenever it appears to the satisfaction of the justices that the 
 person by whose act or default the nuisance arises, or the owner or 
 occupier of the premises, is not known or cannot be found, then 
 such order may be addressed to and executed by such local autho- 
 rity, and the cost defrayed out of the rates or funds applicable to the 
 execution of this Act (6). 
 
 18. Any matter or thing removed by the local authority in pur- 
 suance of this enactment may be sold by public auction, after not less 
 than five days' notice by posting bills distributed in the locality, 
 unless in cases where the delay would be prejudicial to health, when 
 the justices may direct the immediate removal, destruction or sale of 
 the matter or thing ; and the money arising from the sale retained 
 by the local authority, and applied in payment of all expenses in- 
 curred under this Act with reference to such nuisance, and the sur- 
 plus, if any, shall be paid, on demand, by the local authority, to the 
 owner of such matter or thing. 
 
 19. All reasonable costs and expenses from, time to time incurred 
 in making a complaint, or giving notice, or in obtaining an order of 
 justices under this Act, or in carrying the same into effect under this 
 Act, shall be deemed to be money paid for the use and at the request 
 of the person on whom the order is made, or if the order be made on 
 the local authority, or if no order be made, but the nuisance be 
 
 (o) As to what is an order to abate, and not to execute structural works, 
 see Hxparte Mayor of Liverpool, 27 L. J.M. C. 89. 
 
 Order of justices is not necessary for executing structural works ; JK. v. 
 Nuisances Removal Committee of Middleton, 28 L. J. M. C. 41. 
 
 (b) See Sanitary Act, 1866, section 21, as to abatement in certain nui- 
 sances by and at the cost of nuisance authority. 
 
 (c) See Sanitary Act, 1866, section 34, conferring a discretion on the nui- 
 sance authority to demand payment from owner or occupier, and as to de- 
 duction from rent by occupier. 
 
 It was held in Bird v. Elwes, 37 L. J. Ex. 91, that a landlord was not 
 liable under an agreement by him to repair, to cleanse a piece of water, 
 and that the expense of removing the nuisance was not a charge within 
 the meaning of the agreement.
 
 18 & 19 VICT. c. 121, ss. 1922. 615 
 
 proved to have existed wheu the complaint was made or the notice PAET IL 
 given, then of the person by whose act or default the nuisance was a , . 
 caused ; and in case of nuisances caused by the act or default of the Section 19. 
 owner of premises, the said premises shall be and continue charge- 
 able with such costs and expenses, and also with the amount of any 
 penalties incurred under this Act, until the same be fully discharged, 
 provided that such costs and expenses shall not exceed in the whole 
 one year's rackrent of the premises ; and such costs and expenses, 
 
 said justices shall have power to divide such costs, expenses, and 
 penalties between the persons by whose act or default the nuisance 
 arises, in such manner as they shall consider reasonable ; and if it 
 appear to them that a complaint made under this Act is frivolous or 
 unfounded, they may order the payment by the local authority .or 
 person making the complaint of the costs incurred by the person 
 against whom the complaint is made, or any part thereof. 
 
 20. Where any costs, expenses, or penalties are due under or in Proceedings 
 consequence of any order of justices made in pursuance of this Act before justices 
 as aforesaid, any jiistice of the peace, upon the application of the ^ recover 
 local authority, shall issue a summons requiring the person from expenses, 
 whom they are due to appear before two justices at a time and place 
 
 to be named therein ; and upon proof to the satisfaction of the jus- 
 tices present that any such costs, expenses, or penalties are so due, 
 such justices, unless they think fit to excuse the party summoned 
 upon the ground of poverty or other special circumstances, shall, by 
 order in writing under their hands and seals, order him to pay the 
 amount to the local authority at once, or by such instalments as the 
 justices think fit, together with the charges attending such applica- 
 tion and the proceedings thereon ; and if the amount of such order, 
 or any instalment thereof, be not paid within fourteen days after the 
 same is due, the same may, by warrant of the said or other justices, be 
 levied by distress and sale. 
 
 21. All surveyors and district surveyors may make, scour, cleanse, Surveyors of 
 and keep open all ditches, gutters, drains, or watercourses in and highways to 
 through any lands or grounds adjoining or lying near to any high- ~ ie 
 way, upon paying the owner or occupier of such lands or- grounds, dltc t ncs &c< 
 provided they are not waste or common, for the damages which he ayin r ^ & 
 shall thereby sustain, to be settled and paid in such manner as the ^ or ^ ' ^ 
 damages for getting materials in enclosed lands or grounds are / e \ 
 directed to be settled and paid by the law in force for the time being 
 
 with regard to highways. 
 
 22. Whenever any ditch, gutter, drain, or watercourse used or p ower to 
 partly used for the conveyance of any water, filth, sewage, or other i oca i au t 
 
 local autho- 
 rity to cover 
 
 If, on default of owner, local authority execute the order, the owner is 
 not liable under this section to an action for money paid ; Guardians of 
 Blything Union v. Warton, 32 L. J. M. C. 132. 
 
 (d) It was decided under 11 & 12 Viet. c. 123, s. 3, that the county 
 court had jurisdiction whatever the amount of costs, and notwithstanding 
 a question of title was involved ; E. v. Harden, 2 E. & B. 128 ; 22 L. J. 
 Q. B. 299. See Hertford Union v. Kimpton, 25 L. J. M. C. 41. 
 
 (e) Tender of satisfaction or 'payment is not a condition precedent to the 
 right of entry; Peters v. Clarson, 7 M. & G. 548.
 
 616 APPENDIX. THE NUISANCES REMOVAL ACT FOE ENGLAND, 1855. 
 
 PABT II. matter from any house, buildings, or premises is a nuisance within 
 - the meaning of this Act, and cannot, in the opinion of the local 
 
 Section 22. authority, be rendered innocuous without the laying down of a 
 d ' rove sewer or of some other structure along the same or part thereof or 
 onen dibches instead thereof, such local authority shaU and they are hereby re- 
 Ac, (a). ' quired to lay down such sewer or other structure, and to keep the 
 same in good and serviceable repair ; and they are hereby declared 
 to have the same powers as to entering lands for the purposes 
 thereof, and to be entitled to recover the same penalties in case of 
 interference, as are contained in the sixty-seventh and sixty-eighth 
 sections of the Act passed in the fifth and sixth years of the reign of 
 King William the Fourth, intituled " An Act for consolidating and 
 amending the Laws relating to Highways in England " ; and such 
 local authority are hereby authorized and empowered to assess (b) 
 every house, building, or premises then or at any time thereafter 
 using for the purposes aforesaid the said ditch, gutter, drain, water- 
 course, sewer, or other structure, to such payment, either immediate 
 or annual, or distributed over a term of years, as they shall think 
 just and reasonable, and, after fourteen days' notice at the least left on 
 the premises so assessed, to levy and collect the sum and sums so 
 assessed in the same manner, and with the same remedies in case 
 of default in payment thereof, as highway rates are by the law in 
 force for the time being leviable and collectable, and with the same 
 right and power of appeal (c) against the amount of such assessment 
 reserved to the person or person so assessed as by the law for the 
 time being in force shall be given against any rate made for the re- 
 pair of the highways ; and the provisions contained in this section 
 shall be deemed to be part of the law relating to highways in Eng- 
 land : Provided always, that where such ditch, gutter, drain, or 
 watercourse shall, as to parts thereof, be within the jurisdiction of 
 different local authorities, this enactment shall apply to each local 
 authority only as to so much of the works hereby required, and the 
 expenses thereof, as is included within the respective j urisdiction of 
 that authority : Provided also, that such assessment shall in no case 
 exceed a shilling in the pound on the assessment to the highway 
 rate, if any. 
 
 (a) Members of a highway board being the local authority under this Act, 
 were restrained from allowing fresh communications with a sewer so as to 
 occasion a nuisance; Attorney- General v. Richmond, L. E. 2 Eq. 300. 
 And see Cator \. Lewisham District Board, 5 B. & S. 115; Attorney- 
 General v. Colmey Hatch Lunatic Asylum, L. E. 4 Ch. 146 ; E. Derby 
 v. Bury Improvement Commissioners (cited in note to section 69 of Metropolis 
 Management Act, 1855, that a sewer may be laid down in a new line, not 
 necessarily in the line of the old watercourse) ; and decisions cited in sec- 
 tions 69 and 135 of Metropolis Management Act, 1855, ante. 
 
 (6) Local authority has no power to assess houses in another parish for 
 the expenses of continuing a sewer ; R. v. Warner, 27 L. J. M. C. 144 ; 
 R. v. Tatham, 8 E. & B. 915 ; and see S. v. Cotton, 28 L. J. M. C. 22. 
 
 An assesemeut is not bad because it does not provide for houses which 
 might be aftewards built, and use the sewer ; R. v. Justices of Middlesex, 
 2 Jur. (N.S.) 1045. And as to what is using a sewer, and liability to 
 second assessment, R. v. Warner, 6 E. & B. 395. 
 
 Houses must be assessed before highways can be resorted to ; R. v. Goss, 
 30 L. J. M. C. 41. 
 
 As to mandamus to nuisances removal committee to construct a sewer, 
 see R. v. Gee. 23 J. P. 374; 28 L. J. Q. B. 298. 
 
 (c) As to time for notic.e of appeal, and application of limit of one 
 shilling in the pound, R. v. Nuisance Removal Committee of Middleton , 
 1 E. & E. 98.
 
 18 & 19 VICT. c. 121, ss. 2826. 
 
 23. Any person (d) or company engaged in the manufacture of gas PABT II. 
 who shall at any time cause or suffer (e) to be brought or to flow into - 
 any stream, reservoir, or aqueduct, pond or place for water, or into Section 23. 
 any drain communicating therewith, any washing or other substance p ena it v f or 
 produced in making or supplying gas, or shall wilfully do any Act causing 
 connected with the making or supplying of gas whereby the water in wa ter to be 
 any such stream, reservoir, aqueduct, pond or place for water shall corrupted by 
 be fouled, shall forfeit for every such offence the sum of two hundred gas wash- 
 pounds, ings. 
 
 24. Such penalty may be recovered, with full costs of suit, in any Penalty to 
 of the superior courts, by the person into whose water such washing be sued for 
 or other substance shall be conveyed or shall flow, or whose water in superior 
 shall be fouled by any such Act as aforesaid, or if there be no such courts 
 person, or in default of proceedings by such person, after notice to within six 
 him from the local authority of their intention to proceed for such months, 
 penalty, by the local authority ; but such penalty shall not be 
 recoverable unless it be sued for during the continuance of the offence, 
 
 or within six months after it shall have ceased. 
 
 25. In addition to the said penalty of two hundred pounds (and Daily penalty 
 whether such penalty shall have been recovered or not), the person during 
 
 or company so offending shall forfeit the sum of twenty pounds (to * ne con - 
 be recovered in the like manner) for each day during which such tinuance of 
 washing or other substance shall be brought or shall flow as afore- *^e on<ence ' 
 said, or during which the Act by which such water shall be fouled 
 shall continue, after the expiration of twenty-four hours from the 
 time when notice of the offence shall have been served on such 
 person or company by the local authority, or the person into whose 
 water such washing or other substance shall be brought or flow, or 
 whose water shall be fouled thereby, and such penalty shall be paid 
 to the parties from whom such notice shall proceed ; and all moneys 
 recovered by a local authority under this or the preceding section 
 shall, after payment of any damage caused by the Act for which the 
 penalty is imposed, be applied towards defraying the expenses of 
 executing this Act. 
 
 26. The sanitary inspector may at all reasonable times inspect and Penalty on 
 examine any carcase, meat, poultry, game, flesh, fish, fruit, vege- sale of un- 
 tables, corn, bread, or flour exposed for sale, or in the course of or on wholesome 
 their way to slaughtering, dressing, or preparation for sale or use, or a* &c - 
 landed from any ship or vessel in any port in England ; and in case (/) 
 
 any such carcase, meat, poultry, game, flesh, fish, fruit, vegetables, 
 corn, bread, or flour appear to him to be unfit for such food, the same 
 
 (d) By interpretation clause, section 2, " person" shall include corpora- 
 tions whether aggregate or sole. 
 
 (e) Not involuntary sufferance; Hopkins v. Birmingham Gas Light 
 Company, 6 Jur. (N.S.) 173: 7 Jur. (w.s.) 213. 
 
 The provisions in this and the 24th and 25th sections were held to super- 
 sede the provisions in a local Act; Parry v. Croydon Gas and Coke 
 Company, 15 C. B. (N.S.) 568. 
 
 (/) This section is repealed by 26 & 27 Viet. c. 117, s. 91. A sanitary 
 inspector under a Local Improvement Act is not entitled to seize unwhole- 
 some meat, &c., unless exposed for sale or intended for food; Ellas \: 
 Nightingale, 27 L. J. M. C. 151. To expose for sale, or to have possession 
 of with intent to sell, things unfit for human food, is a common law nuisance ; 
 ShiUito v. Thompson, L. B. 1 Q. B. D. 12.
 
 APPENDIX. THE NUISANCES REMOVAL ACT FOE ENGLAND, 1855. 
 
 may be seized ; and if it appear to a justice that any such carcase, 
 meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or 
 flour is unfit for the food of man, he shall order the same to be 
 destroyed (a) or to be disposed of as to prevent its being exposed for 
 sale or used for such food ; and the person to whom such carcase, 
 meat, poultry, game flesh, fish, fruit, vegetables, corn, bread, or flour 
 belongs, or in whose custody the same is found, shall be liable to a 
 penalty not exceeding ten pounds for every carcase, fish, or piece of 
 meat, flesh, or fish, or any poultry or game, or for the parcel of fruit, 
 vegetables, corn, bread, or flour so found. 
 
 27. If any candle house, melting house, melting place, or soap- 
 house, or any slaughter-house, or any building or place for boiling 
 offal or blood, or for boiling, burning, or crushing bones, or any 
 manufactory, building, or place used for any trade, business, process, 
 or manufacture causing effluvia, be at any time certified to the local 
 authority by any medical officer, or any two legally qualified practi- 
 tioners (6) to be a nuisance or injurious to the health of the inhabi- 
 tants of the neighbourhood, (c) the local authority shall direct 
 complaint to be made before any justice, who may summon beiore 
 any two justices in petty sessions assembled at their usual place of 
 meeting the person by or in whose behalf the work so complained of 
 is carried on, and such justices shall inquire into such complaint, and 
 if it shall appear to such justices that the trade or business carried on 
 by the person complained against is a nuisance, or causes any effluvia 
 injurious to the health of the inhabitants of the neighbourhood, and 
 that such person shall not have used the best practicable means for 
 abating such nuisance or preventing or counteracting such effluvia, 
 the person so offending (being the owner or occupier of the premises, 
 or being a foreman or other person employed by such owner or 
 occupier), shall, upon a summary conviction for such offence, forfeit 
 and pay a sum of not more than five pounds nor less than forty shil- 
 lings, and upon a second conviction for such offence the sum of ten 
 pounds, and for each subsequent conviction a sum double the 
 amount of the penalty imposed for the last preceding conviction, but 
 the highest amount of such penalty shall not in any case exceed the 
 sum of two hundred pounds : Provided always, that the justices may 
 suspend their final determination in any such case, upon condition 
 that the person so complained against shall undertake to adopt, 
 within a reasonable time, such means as the said justices shall judge 
 to be practicable and order to be carried into effect for abating such 
 nuisance, or mitigating or preventing the injurious effects of such 
 effluvia, or shall give notice of appeal in the manner provided by this 
 Act, and shall enter into recognizances to try such appeal, aud shall 
 appeal accordingly : Provided always, that the provisions hereinbefore 
 contained shall not extend or be applicable to any place without the 
 limits of any city, town, or populous district. 
 
 
 (a) See note (e\ p. 637, post. 
 
 (b) By Sanitary Act, 1866, section 18, a requisition, &c., under the hands 
 of ten inhabitants', shall be deemed equivalent to certificate here mentioned. 
 
 (c) Public Health Act, 1875, section 115, empowers urban authority to 
 proceed against any house without the district, and extends the section to 
 the metropolis so far as to authorize proceedings to be taken under 'it by 
 
 any nuisance authority in the metropolis. 
 Act, 1874 (ante), as to blood boilers, &c. 
 
 See Slaughter-houses Metropolis
 
 18 & 19 VICT. c. 121, ss. 2832. 619 
 
 
 
 38. Provided also, that if, upon his appearance before such justices, PABT II. 
 
 the party complained against object to have th* matter determined ~ 
 
 by such justices, and enter into recognizances, with sufficient sureties 6Ctlon 28. 
 
 to be approved- by the justices, to abide the event of any proceedings Reference 
 
 at law or in equity that may be had against him on account of the to superior 
 
 subject matter of complaint, the local authority shall thereupon court at the 
 
 abandon all proceedings before the justices, and shall forthwith take option of 
 
 proceedings at law or in equity in Her Majesty's superior courts for the party 
 
 preventing or .abating the nuisance complained of. complained 
 
 against. 
 
 29. Whenever the medical officer of health, if there be one, or if On certificate 
 none, whenever two qualified medical practitioners, shall certify to of medical 
 the local authority that any house is so - overcrowded as to be dan- officer to local 
 gerous or prejudicial to the health of the inhabitants, and the inhabi- authority that 
 tants shall consist of more than one family, the local authority shall house is over- 
 cause proceedings to be taken before the justices to abate such over- crow ded, pro- 
 crowding, and the justices shall thereupon make such order as they ee ^ings may 
 may think fit, and the person permitting such overcrowding shall for- f , a ^f n to 
 feit a sumnot exceeding forty shillings. abatethesame. 
 
 30. The local authority may, within the area of their jurisdiction, Local 
 direct any proceedings (a) to be taken at law or in equity in cases authority 
 coming within the purview of this Act, and may order proceedings to to order 
 be taken for the recovery of any penalties, and for the punishment costs of 
 
 of any persons offending against the provisions of this Act, or in prosecutions 
 
 relation to appeals under this Act, and may order the expenses of all to be P aid 
 
 such proceedings to be paid out of the rates or funds administered by ou * of the 
 
 them under this Act. rates> 
 
 PART III. PAETIIT. 
 
 And with regard to procedure under this Act, be it enacted, That 
 
 31. Notices, summonses, and orders under this Act may be served Service of 
 by delivering the same to or at the residence of the persons to whom notices, 
 they are respectively addressed, and where addressed to the owner or summonses, 
 occupier of premises they may also be served by delivering the same and orders. 
 or a true copy thereof to some person upon the premises, or if there 
 be no person upon the premises who can be so served, by fixing the 
 same upon some conspicuous part of the premises, or if the person 
 shall reside at a distance of more than five miles (e) from the office of 
 the inspector then by a registered letter through the post. 
 
 32. Copies of any orders or resolutions of the local authority or 
 their committee, purporting to be signed by the chairman of such resolutions 
 
 (d) By section 48 of Sanitary Act, 1866, any local board, sewer authority, 
 or nuisance authority may appear before justices, &c., by their clerk or any 
 officer or member authorized generally, or in respect of any special proceed- 
 ings, by resolution. 
 
 (e) To be measured in a straight line as the crow flies ; Stokes v. GrisseU, 
 14 C. B. 678; Lake v. Butler, 24 L. J. Q. B. 273 ; Mwfllet v. Cole, L. R. 
 7 Ex. 70.
 
 APPENDIX. THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 body or committee, shall, unless the contrary be shown, be received 
 as evidence thereof, without proof of their meeting, or of the official 
 character or signature of the person signing the same. 
 
 33. Where proceedings under this Act are to be taken against 
 several persons in respect of one nuisance caused by the joint Act or 
 default of such persons, it shall be lawful for the local authority to 
 include such persons in one complaint, and for the justices to include 
 such persons in one summons, and any order made in such a case 
 may be made upon all or any number of the persons included in the 
 summons, and the costs may be distributed as to the justices may 
 appear fair and reasonable. 
 
 34. In case of any demand or complaint under this Act to which 
 two or more persons, being owners or occupiers of premises, or partly 
 the one or partly the other, may be answerable jointly or in common 
 or severally, it shall be sufficient to proceed against any one or more 
 of them without proceeding against the others or other of them ; but 
 nothing herein contained shall prevent the parties so proceeded 
 against from recovering contribution in any case in which they would 
 now be entitled to contribution by law. 
 
 36. Whenever in any proceeding under this Act, whether written 
 or otherwise, it shall become necessary to mention or refer to the 
 owner or occupier of any premises it shall be sufficient to designate 
 him as the " owner" or " occupier" of such premises, without name or 
 further description. 
 
 36. Whoever refuses to obey an order of justices under this Act 
 for admission on premises of the local authority or their officers, or 
 Avilfully obstructs any person acting under the authority or employed 
 in the execution of this Act, shall be liable for every such offence to 
 a penalty not exceeding five pounds. 
 
 37. If the occupier of any premises prevent the owner thereof 
 from obeying or carrying into effect the provisions of this Act, any 
 justice to whom application is made in this behalf shall by order in 
 writing require such occupier to desist from such prevention, or to 
 permit the execution of the works required to be executed, provided 
 that such works appear to such justice to be necessary for the pur- 
 pose of obeying or carrying into effect the provisions of this Act ; and 
 if within twenty-four hours after the service of such order the occu- 
 pier against whom it is made do not comply therewith, he shall be 
 liable to a penalty not exceeding five pounds for every day afterwards 
 during the continuance of such noncompliance. 
 
 38. Penalties imposed by this Act for offences committed and sums 
 of money ordered to be paid under this Act may be recovered by 
 persons thereto competent in England, according to the provisions of 
 the Act of the eleventh and twelfth years of the present reign, 
 chapter forty- three ; and all penalties recovered by the local authority 
 
 (a) Be Local Soard of Ham, 26 L. J. M. C. 64; R. v. Jenkins, 
 32 L. J. M. C. 1. 
 
 Cft) Sanitary Act, 1866, section 45, imposes penalty of 5 for wilfully 
 damaging works] or property belonging to, among others, any nuisance 
 authority.
 
 18 & 19 VICT. c. 121, ss. 3842. 621 
 
 under this Act shall be paid to them, to be by them applied in aid of PAET III. 
 
 their expenses under this Act. 
 
 Section 38. 
 
 39. No order, nor any other proceeding, matter, or tiling done or p roc eedhios 
 transacted in or relating to the execution of this Act, shall be vacated, nofc to be * 
 quashed, or set aside for want of form, nor shall any order, nor any quashed for 
 other proceeding, matter, or thing done or transacted in relation to wa nt of 
 the execution of this Act, be removed or removable by certiarari, form, (c) 
 
 or by any other writ or process whatsoever, into any of the superior 
 courts ; and proceedings under this Act against several persons 
 included in one complaint shall not abate by reason of the death 
 of any among the persons so included, but all such proceedings 
 may be carried on as if the deceased person had not been originally 
 so included. 
 
 40. Appeals under this Act shall be to the court of quarter ses- Appeals _ 
 sions held next after the making of the order appealed against ; but un <ler this 
 the appellant shall not be heard in support of the appeal unless Act to be to 
 within fourteen days after the making of the order appealed against l^y^r 
 
 he give to the local authority notice in writing stating his intention sesslolls< 
 to bring such appeal, together with a statement in writing of the 
 grounds of appeal, and shall within two days (d) of giving such notice 
 enter into a recognizance before some justice of the peace, with suffi- 
 cient securities, conditioned to try such appeal at the said court, and 
 to abide the order of and pay such costs as shall be awarded by the 
 justices at such court or any adjournment thereof ;. and the said 
 court, upon hearing and finally determining the matter of the appeal, 
 may, according to its discretion, award such costs to the party appeal- 
 ing or appealed against as they shall think proper, and its determi- 
 nation in or concerning the premises shall be conclusive and binding 
 on all persons to all intents or purposes whatsoever : Provided 
 always, that if there be not time to give such notice and enter into 
 such recognizance as aforesaid, then such appeal may be made to, and 
 .such notice, statement, and recognizance be given and entered into 
 for, the next sessions at which the appeal can be heard ; provided 
 also, that on the hearing of the appeal no grounds of appeal shall be 
 gone into or entertained other than those set forth in such statement 
 as aforesaid ; provided also, that in any case of appeal the court of 
 quarter sessions may, if they think fit, state the facts specially for the 
 determination of Her Majesty's court of Queen's Bench, in which case 
 it shall be lawful to remove the proceedings, by writ of certiorari or 
 otherwise, into the said court of Queen's Bench. 
 
 41. The forms contained in the schedule to this Act annexed, or Forms to be 
 any forms to the like effect, varied as circumstances may require, may used as in 
 IK; used for instruments under this Act, and shall be sufficient for the schedule, 
 purpose intended. 
 
 42. The local authority, and any officer or person acting under the As to protec- 
 authority and in execution or intended execution of this Act, shall tion of local 
 be entitled to such protection and privilege in actions and suits, authority 
 and such exemption from personal liability, as are granted to local an d lts 
 
 (c) See .K. v. Chantrell, L. E. 10 Q. B. 587. 
 
 (<n Sunday is counted; Ex parts SirnpUn, 29 L. J. M. C. 23; S. V, 
 Justices of Middlesex, 12 L. J. M. C. 59. 
 
 (e) The provision in force at the passing of this Act was 11 & 12 Viet, 
 c. 63, s. 148. The enactment relative to process against local axxthorities,
 
 APPENDIX THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 PAET III. 
 Section 42. 
 
 impair juris- 
 diction of 
 sewers com- 
 missioners, 
 or common 
 law reme- 
 dies for 
 nuisance, 
 nor juris- 
 diction of 
 local autho- 
 rity as to the 
 nuisances 
 referred to 
 in this Act. 
 
 Act not to 
 affect navi- 
 gation of 
 rivers or 
 canals. 
 
 Saving as to 
 rights of 
 millowners, 
 &c. 
 
 Short title. 
 
 boards of health and their officers by the law in force for the time 
 being. 
 
 43. Nothing in this Act shall be construed to affect the provisions 
 of any local Act as to matters included in this Act, nor to impair, 
 abridge, or take away any power, jurisdiction, or authority which may 
 at any time be vested in any commissioners of sewers or of drainage, 
 or to take away or interfere with any course of proceedings which 
 might be resorted to or adopted by such commissioners if this Act had 
 not passed, nor to impair any power of abating nuisances at common 
 law, nor any jurisdiction in respect of nuisances that may be pos- 
 sessed by any authority under the Act intituled " An Act to abate the 
 Nuisances arising from the Smoke of Furnaces in the Metropolis and 
 from Steam Vessels above London bridge," or the Common Lodging 
 Houses Acts, the. Act for the regulation of municipal corporations, 
 the Public Health Act, or any improvement Act respectively, or any 
 Acts incorporated with such Acts, ana authorities may respectively 
 proceed for the abatement of nuisances or in respect of any other 
 matter or thing hereinbefore provided or referred to either under the 
 Acts mentioned in this section or any other Act conferring jurisdic- 
 tion in respect of the nuisances referred to in this Act, or any bye- 
 laws framed under any si ich Act, as they may think fit ; and the 
 local authorities constituted under and for the purposes of the Common 
 Lodging House Acts, 1851 and 1853, shall for the purposes of those 
 Acts have all the powers of local authorities under this Act. 
 
 44. Nothing herein contained shall enable any local authority, sur- 
 veyor of highways, or other person, either with or without any order 
 of justices, to injuriously affect the navigation of any river or canal, 
 or to divert or diminish any supply of water of right belonging to any 
 such river or canal ; and the provisions of this Act shall not extend 
 or be construed to extend to mines of different descriptions so as to 
 interfere with or obstruct the efficient working of the same, or to the 
 smelting of ores and minerals, or to the manufacturing of the produce 
 of such ores and minerals, 
 
 45. No power given by this Act shall be exercised in such manner 
 as to injuriously affect the supply, quality, or fall of water contained 
 in any reservoir or stream, or any feeders of such reservoir or stream, 
 belonging to or supplying any waterwork established by Act of par- 
 liament, or in cases where any company or individual are entitled 
 for their own benefit to the use of such reservoir or stream, or to the 
 supply of water contained in such feeders, without the consent in 
 writing of the company or corporation in whom such waterworks 
 may be vested, or of the parties so entitled to the use of such reser- 
 voirs, streams, and feeders, and also of the owners thereof in cases 
 where the owners and parties so entitled are not the same person. 
 
 46. In citing this Act in other Acts of parliament, and in legal 
 instruments and other proceedings, it shall be sufficient to use the 
 words " The Nuisances Removal Act for England, 1855." 
 
 memhers, or officers, is now the Public Health Act, 1876, section 264. See 
 Newton v. Ellis, 5 E..& B. 115; Eeadv. Coker, 13 C. B. 850, and the 
 decisions cited in note to section 106 of Metropolis Management Amend- 
 ment Act, 1862, ante.
 
 18 & 19 VICT. c. 121, SCHEDS. 623 
 
 Schedules. 
 
 SCHEDULE OF FORMS. 
 
 POEM (A.) 
 
 Order of Justices for Admission of Officer of Local Authority to inspect 
 private Premises. 
 
 WHEEEAS [describe the local authority'] have by their officer [naming 
 him} made application to me, A.S., one of Her Majesty's justices of the 
 peace having jurisdiction in and for [describe the place], and the said officer 
 has made oath to me of his belief that a nuisance within the meaning of 
 the Nuisances Removal Act for England, 1855, viz. [describe nuisance], 
 exists on private premises at [describe situation of premises so as to identify 
 them'], within my jurisdiction, and demand of admission to such premises 
 for the inspection thereof has been duly made under the said Act, and 
 refused : 
 
 Now, therefore, I, the said A.S., do hereby require you to admit the said 
 [name the local authority], [or the officer of the said [local authority], for 
 the purpose of inspecting the said premises. 
 
 Dated this day of 18 . 
 
 A.B. 
 
 POEM (B.) 
 Notice of Nuisance. 
 
 To the local authority [describing if]. 
 
 I [or we], the person aggrieved by the nuisance hereinafter described 
 [or the undersigned and described inhabitant householders, sanitary inspec- 
 tor, or other officer (describing him)'], do hereby give you notice, that 
 there exists in or upon the [Dwelling House, yard, etc., as th'e case may be], 
 situate at [giving such description as may be sufficient to identify 
 
 the premises'], in the parish of in your district, under the Nui- 
 
 sances Removal Act, 1855, the following nuisance, videlicet [describing the 
 nuisance, as the case may be ; for instance, a dwelling house or building a 
 nuisance or injurious to health for want of a privy or drain or sufficient 
 means of ventilation, or so dilapidated or so filthy as to be a nuisance or 
 injurious to health, or, for further instance, a ditch or drain so foul as to be 
 a nuisance or injurious to health, or an accumulation of a nuisance 
 
 or injurious to health, fyc., or swine so kept as to be a nuisance or injurious 
 to health] ; and that such nuisance is caused by [naming the person by tvhose 
 act or default the nuisance is caused, or by some person unknown]. 
 
 Dated this day of in the year of our Lord one thousand 
 
 eight hundred and 
 
 [Signed by complainant under section 10.]
 
 APPENDIX THE NUISANCES KEMOVAL ACT FOR ENGLAND, 1855. 
 
 FOBM (C.) 
 Notice to Owner or Occupier of Entry for Examination. 
 
 To the owner [or occupier, as the case may be,'] of [describe the premises'] 
 situate at [insert a description sufficient to identify tlie premises. 
 
 TAKE notice, that, under the Nuisances Removal Act for England, 1855, 
 the [local authority, naming if], in whose district under the said Act the 
 above premises are situate, have received a notice from [name complainant], 
 stating that in or upon the said premises [insert the cause of nuisance as 
 set forth in the notice"]. 
 
 And further take notice, that after the expiration of twenty-four hours 
 from the service of this notice the [local authority'] will cause the said 
 premises to be entered and examined under the provisions of the said Act, 
 and if the cause of nuisance aforesaid be found still existing, or, though 
 removed or discontinued, be likely to be repeated, a summons will be issued 
 requiring your attendance to answer a complaint which will be made to the 
 justices for enforcing the removal of the same, and prohibiting a repetition 
 thereof, and for recovering the costs and penalties that may be incurred 
 thereby. 
 
 Dated this day of in the year of our lord one thousand 
 
 eight hundred and 
 
 A.S., 
 
 The Officer appointed by the [local 
 authority'] to take proceedings 
 under the Nuisances Removal 
 Act for England, 1855. 
 
 FOEM (D.) 
 
 Summons. 
 
 To the owner or occupier of [describe premises^ situate at [insert such 
 a description as may be sufficient to identify the premises^, or 
 to A.S. of 
 
 County of \ You are required to appear before two of Her 
 
 [or borough of I Majesty's Justices of the peace [or one of the 
 <jfc., or district of j- magistrates of the police courts of the metropolis, 
 or as the case may I or the stipendiary magistrate] of the county [or 
 be~] to wit. J other jurisdiction] of at the petty sessions 
 
 [or court] holdcn at on the day of next, at the 
 
 hour of in the noon, to answer the complaint this day 
 
 inade to inc by [or by on behalf of] [naming the local 
 
 authority, as the case may be], that in or upon the premises above men- 
 tioned [or in or upon certain premises situate at No. in the 
 street in the parish of or such other description or reference as 
 may be sufficient to identify the premises^, in their district, under the Nui- 
 sances Removal Act for England, 1855, the following nuisance exists 
 [describing it, as the case may be"], and that the said nuisance is caused by 
 the act or default of the occupier [or owner] of the said premises or by 
 you A.B. [or in case the nuisance be discontinued, but likely to be repeated, 
 say, there existed recently, to wit, on or about the day of 
 on the premises, the following nuisance [describe the nuisance'], and that 
 the said nuisance was caused [$c.~], and although the same has since the 
 said last-mentioned day been removed or discontinued, there is reasonable
 
 18 & 19 VICT. c. 121, SCHEDS. 625 
 
 ground to consider that the same or the like nuisance is likely to recur on Schedules, 
 
 the said premises]. 
 
 Given under the hand of me, J.P., Esquire, one of Her Majesty's jus- 
 tices of the peace acting in and for the [jurisdiction] stated ia 
 the margin, or one of the magistrates of the police courts of the 
 metropolis, or stipendiary magistrate of day of in 
 
 the year of our Lord one thousand eight hundred and 
 
 FOEM (E.) 
 Order of Justices for Removal of Nuisances by Owner, <fyc. 
 
 To the owner [or occupier] of [describe the premises'] situate [give 
 suck description as may be sufficient to identify the premises^, or 
 to A.S. of or to [giving name of the local authority,~] or 
 
 to their servants or agents, and to all whom it may concern. 
 
 County of "] WHEEEAS on the day of complaint 
 
 [or Borough, $c., of was made before Esquire, one of Her 
 
 or I Majesty's justices of the peace acting in and for 
 district of | the county [or other jurisdiction] stated in the 
 
 or as the case may \ margin, [or before the undersigned, one of the 
 be]. J magistrates of the police courts of the metropolis, 
 
 or as the case may be,~] by [or by on behalf of] [the local au- 
 
 thority, naming it, as the case may be~], that in or upon certain premises 
 situate at in the district under the Nuisances Removal Act for 
 
 England, 1855, of the complainants above named, the following nuisance 
 then existed [describing if] ; and that the said nuisance was caused by 
 the act or default of the owner [or occupier of the said premises [or 
 was caused by A.B.~] (if the nuisance have been removed, say, the fol- 
 lowing nuisance existed on or about [the day the nuisance was ascertained 
 to exist], and that the said nuisance was caused, fyc., and although the 
 same is now removed, the same or the like nuisance is likely to recur 
 on the same premises.) 
 
 And whereas the owner [or occupier] within the meaning of 
 
 the said Nuisances Removal Act, 1855 [or the said A.B. hath this day 
 appeared before us justices, being two of Her Majesty's justices in and 
 for , sitting in petty sessions at their usual place of meeting, 
 
 [or before me, the said magistrate of the police courts of the metropolis, 
 or as the case may be,~] to answer the matter of the said complaint [or 
 in case the party charged do not appear, say, And whereas it hath been 
 this day proved to our [or my] satisfaction that a true copy of a 
 summons requiring the owner [or occupier] of the said premises [or the 
 said A. B.~] to appear this day before us [or me hath been duly 
 
 served according to the said Act] : 
 
 Now upon proof here had before us [or me] that the nuisance so 
 complained of doth exist on the said premises, and that the same is 
 caused by the act or default of the owner [or occupier] of the said 
 premises [or by the said A.B.~], we [or I], in pursuance of the said Act, 
 do order the said owner [or occupier, or A B.~] within [specify the time] 
 from the service of this order or a true copy thereof according to the 
 said Act [here specify the works to be done, us, for instance, to cleanse, 
 whitewash, purify, and disinfect the said dwelling house; or, for further 
 instance, to construct a privy or drain, fyc. ; or, for further instance, to 
 cleanse or to cover or to fill up the said cesspool, fc.~], so that the same 
 shall no longer be a nuisance or injurious to health as aforesaid. 
 
 [And if it appear to the justices that the nuisance is likely to recur on 
 the premises, say [And we] [or I] being satisfied that, notwithstanding 
 the said cause or causes of nuisances may be removed under this order, 
 the same is or are likely to recur, do therefore prohibit the said owner [or
 
 626 APPENDIX. THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 Schedules, occupier, or A.B,,~] from [here insert the matter of tlie prohibition, as, 
 far instance, from using the said house or building for human habitation 
 
 until the same, in our judgment, is rendered fit for that purpose], 
 
 And if the above order for abatement be not complied -with, [or if 
 the above order of prohibition be infringed,] then we [or I] do authorize 
 and require you the said [local authority, naming if] from time to time 
 to enter upon the said premises, and to do all such works, matters, and 
 things as may be necessary for carrying this order into full execution 
 according to the act aforesaid. 
 
 In case the nuisance were removed before complaint, say, [Now, upon 
 proof here had before us that at or recently before the time of making the 
 said complaint, to wit, on as aforesaid, the cause of nuisance com- 
 
 plained of did exist on the said premises, but that the same hath since 
 been removed, yet notwithstanding such removal, we [or I] being satisfied 
 that it is likely that the same or the like nuisance will recur on the said 
 premises, do hereby prohibit, [order of prohibition'} ; and if this order of 
 prohibition be infringed, then we [or I] [order on local authority to do 
 works']. 
 
 Given under the hands and seals of us, two of Her Majesty's justices of 
 the peace in and for [or the hand and seal of me, one of 
 
 the magistrates of the police courts of the metropolis, or as tlie case 
 may be"], this day of in the year of our 
 
 Lord one thousand eight hundred and 
 
 FOEM (F.) 
 
 Order of Justices for Removal of Nuisance by Local Authority. 
 To the town council, &c., as the case may be. 
 
 tcwitf' } WHEBEAS [recite complaint of nuisance as in last form. 
 
 And whereas it hath been now proved to our [or my] satisfaction that 
 such nuisance exists, but that no owner or occupier of the premises, or 
 person causing the nuisance, is known or can be found [as the case may 
 be'} : Now we [or I], in pursuance of the said Act, do order the said [local 
 authority, naming it,'] forthwith to [here specify the works to be done]. 
 
 Given, <^c. 
 
 POEM (G.) 
 Order to permit Execution of Works by Owners. 
 
 C'ouuty of 1 WHEKKAS complaint hath been made to me, 
 
 [or borough of E.F., Esquire, one of Her Majesty's justices 
 
 or metropolitan police " } of the peace in and for the county [or borough, 
 district, or as the case \ &c.~] of [or one of the magistrates of 
 
 may be,'] to wit. J the police courts of the metropolis, or as the 
 
 case may be, or one of Her Majesty's justices of the peace, as the case 
 may be, f the county of ], by A.B., owner within the meaning 
 
 of the " Nuisances Removal Act for England, 1855," of certain premises, 
 to wit, a dw elling house [or building, or as the case may be], situate at 
 [insert such a d escription of the premises as may be sufficient to identify 
 them~\, in the parish of in tile said county [or borough, (c.~], that 
 
 C.D., the occupier of the said premises, doth prevent the said A.S. from 
 obeying and carrying into cfl'ect the provisions of the said Act> in this, to
 
 18 & 19 VICT c. 121, SCHEDS. 627 
 
 wit, that he the said C.D. [here describe the act of prevention generally. Schedules. 
 according to the circumstances ; for instance thus, doth refuse to quit the 
 said house, the same having by the order of justices been declared unfit for 
 human habitation, or doth prevent the said A.B. from cleansing or white- 
 washing or purifying the said dwelling house, or erecting a privy or drain, 
 or breaking an aperture for ventilation, or cleansing a drain, ditch, gutter, 
 watercourse, privy, urinal, cesspool, or ashpit which is a nuisance or injurious 
 to health] : And whereas the said C.D. has been summoned to answer the 
 said complaint, and has not shown sufficient cause against the same, and it 
 appears to me that [describe the act or works to be done] is necessary for 
 the purpose of enabling the said A.B. to obey and carry into effect the 
 provisions of the said Act, I do hereby order that the said C.D. do permit 
 the said A.B. [describe the act or works to be done] in the manner required 
 by the said Act. 
 
 Given under my hand and seal, this day of in the year 
 
 of our Lord one thousand eight hundred and 
 
 E.F. (l.s.) 
 
 (H.) 
 
 Simmons for Non-payment of Costs, Expenses, or Penalties. Sect. 20. 
 
 To [describe 
 
 the person from whom the costs, expenses, and penalties are due]. 
 
 County of "V You are required to appear before two of Her 
 
 or Borough of I Majesty's justices of the peace [or one of the 
 
 or District of ( magistrates of the police courts of the metro- 
 
 to wit. J polis, or the stipendiary magistrates] of the 
 
 county [or other jurisdiction] of , at the petty sessions [or court], 
 
 holden at , on the day of next, at the hour of 
 
 in the noon, to answer the complaint this day made to 
 
 me by [or by on behalf of] [naming the local authority}, 
 
 that the sum of pounds, being costs and expenses incurred by you 
 
 under and in relation to a certain complaint touching [describe the nuisance], 
 and an order of [describe the person making the order] duly made m pur- 
 suance of the Nuisances Removal Act for England, 1855 [if penalties are 
 due, add, and also the sum of being the amount of penalties pay- 
 
 able by you for disobedience of the said order], remains unpaid and due 
 
 ^Giveii^nder the hand of me, J. P., esquire, one of Her Majesty's justices 
 of the neace acting in and for the [jurisdiction stated in the margin] [or 
 one of "the magistrates of the police courts of the metropolis, or stipendiary 
 magistrate of ] the day of , in the year of our 
 
 Lord one thousand eight hundred and 
 
 FOEM (I.) 
 
 Order for payment of Costs, Expenses, and Penalties, Sect. 20. 
 To [name the person on whom the order is made] 
 
 County, &c., ) WHEBEAS complaint has been made before us [or me] for 
 to wit \ that [recite cause of complaint]. ,.. 
 
 And whereas the said [naming ihe person against whom the complaint is 
 
 made] has this day appeared before us the said justices [or before n 
 2 S 2
 
 (328 THE NUISANCES REMOVAL ACT FOR ENGLAND, 1855. 
 
 Schedules. sa ^ magistrates of the police courts of the metropolis, or as the case may 
 be], to answer this matter of the said complaint : [or, in case the party 
 
 charged do not appear, say~] 
 
 And whereas it has heen this day satisfactorily proved to us [or mel that 
 a true copy of the summons requiring the said [naming the person charged} 
 to appear before us [or me] this day hath been duly served according to the 
 said Act : Now, having heard the matter of the said complaint, we [or I] 
 do adjudge the said [naming the person charged] to pay forthwith [or by 
 instalments of , payable respectively on or before the ] to 
 
 the said [naming the person or local authority to whom the costs adjudged 
 are payable'], the sum of for costs in this behalf, and to [naming the 
 
 person or authority to whom the expenses are payable'} the sum of 
 for expenses in this behalf [ if penalties are due, add, and the sum of 
 for penalties incurred in relation to the premises] , together with the sum of 
 being the charges attending the application for this order and 
 proceedings thereon ; and if the said several sums, amounting in the whole 
 to [or if any one of the said instalments] be not paid within four- 
 
 teen days after the same is due as aforesaid, we [or I] hereby order that 
 the same be levied by distress and sale of the goods and chattels of the said 
 , and in default of sufficient distress in that behalf adjudge the 
 said to be imprisoned in the common gaol [or house of correction, 
 
 as the cafe may be}, at , in the said county [or as the case may be} 
 
 for the space of such time, not exceeding three calendar months, as the jus- 
 tices may think fit, unless the said several sums [or sum], and all costs and 
 charges of the said distress [and of the commitment and carrying of the 
 said to the said house of correction or common gaol, or as the case 
 
 may be}, shall be sooner paid. 
 
 Given under our [or my hands, this day of , in 
 
 the year of our Lord one thousand eight hundred and , 
 
 at , in the [county, or as the case may be} aforesaid. 
 
 POEM (K.) 
 Warrant of Distress. Sect. 20. 
 
 To the constable of and to all other officers in the said county 
 
 [or as the case may be~\. 
 
 WHEREAS on last past complaint was made before the under- 
 
 signed, two of Her Majesty's justices of the peace in and for the said county 
 of [or as the case may be~\ [or a magistrate of the police courts of the 
 metropolis or stipendiary magistrate, as the case may be} for that [tyc., as 
 in the order} ; and thereupon, having considered the matter of the said 
 complaint, we [or I] adjudge the said [set out from Form K. the 
 
 adjudication of payment, and the order for distress and for imprisonment 
 in default of distress} : And whereas the time in and by the said order 
 appointed for the payment of the said several sums of and 
 
 hath elapsed, but the said hath not paid the same or any part 
 
 thereof within fourteen days after the date fixed by the order for such pay- 
 ment, but therein hath made default : These are therefore to command you 
 in Her Majesty's name forthwith to make distress of the goods and chattels 
 of the said A. S., and if within the space of days after the making 
 
 of such distress the said last-mentioned sums, together with the reasonable 
 charges of taking and keeping the said distress, shall not be paid, that then 
 you do sell the said goods and chattels so by you distrained, and do pay 
 the money arising from such sale over to the clerk of the justices of the 
 peace for the divison of in the said [county, or as the case may be}, 
 
 that he may pay and apply the same as by law directed, and may render the 
 overplus, if any, on demand, to the said ; and if no such distress
 
 18 & 19 VICT. c. 121, SCHEDS. 
 
 can be found, then that you certify the same unto me, to the end that such 
 proceedings may be had therein as to the law doth appertain. 
 
 629 
 
 Given under our [or my] hands and seal, this 
 in the year of our Lord one thousand eight 
 , in the [county] aforesaid. 
 
 day of 
 hundred and 
 
 at 
 (1. S.) 
 
 A. S. 
 C. D. 
 
 (FORM L.) 
 
 Return of Proceedings under Nuisances Removal Act, 1855, by the [name the 
 Local Authority at length]. 
 
 From 25th March, 1855, to 25th March, 1856. 
 
 Date 
 of Notice. 
 
 By whom given. 
 
 Nature 
 of Nuisance. 
 
 Proceedings 
 taken. 
 
 Remarks : With any special 
 Work done under the Acts 
 without any Notice. 
 
 16 April .. 
 
 The Inspector.... 
 
 Foul drainage 
 from house. 
 
 Owner put down 
 good drain, on 
 
 Several houses being In a like po- 
 sition, the highway surveyor 
 
 
 
 
 summons, with- 
 
 laid down a sewer In the old 
 
 
 
 
 out justice's or- 
 
 watercourse, and each house 
 
 
 
 
 der. 
 
 was charged a proportionate 
 
 
 
 
 
 sum for the same, of which 
 
 18 April .. 
 
 Two neighbours ". . 
 
 Offensive 
 cesspool. 
 
 Abated by local 
 authority. 
 
 the highest sum was 10. 
 Renewed once ; but penalty re- 
 covered and no subsequent 
 
 
 
 
 
 renewal attempted. 
 
 Dated this 26th day of March, 1856. [To be signed by the chairman of the 
 local authority.]
 
 AN ACT 
 
 TO AMEND THE ACTS FOR THE REMOVAL OF 
 NUISANCES AND THE PREVENTION OF DISEASES (). 
 
 23 & 24 VICT. CAP. 77. 
 
 6TH AUGUST, 1860. 
 
 18 & 19 Viet. WHEREAS the provisions of " The Nuisances Removal Act for England, 
 cc. 121, and 1855," and " The Diseases Prevention Act, 1855," concerning the local 
 116. authority for the execution of the said Acts are defective, and it is 
 
 expedient that the said Acts should be amended as hereinafter 
 mentioned : Be it enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the Lords spiritual and temporal, 
 and Commons, in this present parliament assembled, and by the autho- 
 rity of the same, as follows : 
 
 Nuisances Removal. 
 
 Sections 3, 
 6, 7 and 9 of 
 18 & 19 Viet, 
 c. 121, 
 repealed. 
 
 Local autho- 
 rity to 
 execute the 
 Nuisances 
 Removal 
 Act. 
 
 1. Section three, section six, section seven, and section nine of the 
 said "Nuisances Removal Act for England, 1855," shall be repealed : 
 Provided always, that such repeal as aforesaid shall not extend to any 
 charges or expenses already incurred, but the same may be defrayed 
 and recovered, and all proceedings commenced or taken under the 
 said Act, and not yet completed, may be proceeded with, and all con- 
 tracts under the said Act shall continue and be as effectual, as if this 
 Act had not been passed. 
 
 2. The following bodies shall respectively be the local authority to 
 execute the said Nuisances Removal Act in the districts hereunder 
 stated in England : 
 
 In any place within which the Public Health Act is or shall be 
 in force, the local board of health : 
 
 (a) This Act is repealed by the Public Health Act, 1875, sched. 5. Part I. 
 except so far as relates to the metropolis. 
 
 This Act was amended by 29 & 30 Viet. c. 90 (Sanitary Act, 1866), and 
 Part II. of that Act is, by section 14, to be construed as one with the 
 18 & 19 Viet. c. 121 (the Nuisances Removal Act for England, 1855), and this 
 Act. 

 
 23 & 24 VICT. o. 77, ss. 24. 631 
 
 In any other place wherein a council exists or shall exist, the Section 2. 
 mayor, aldermen, and burgesses by the council, except in the 
 city of London and the liberties thereof, where the local autho- 
 rity shall be the commissioners of sewers for the time being, 
 and except in the city of Oxford and borough of Cambridge, 
 where the local authority shall be the commissioners acting in 
 execution of the Local Improvement Acts in force respectively 
 in the said city and borough : 
 
 In any place in which there is no local board of health or 
 council, and where there are or shall be trustees or com- 
 missioners under an improvement Act, such trustees or com- 
 missioners : 
 
 In any place within which there is no such local board of health, 
 council, body of trustees, or commissioners, if there be a board 
 of guardians of the poor for such place, or for any parish or 
 union within which such place is situate, such board of 
 guardians, and, if there be no such board of guardians, the 
 overseers of the poor for such place, or for the parish of which 
 such place forms part. 
 
 3. Provided, that in any place where a highway board or " The Highway 
 Nuisances Removal Committee " chosen by the vestry in pursuance board or 
 of the said Act is subsisting, and at the time of the passing of this Act nuisances 
 employs or joins with other local authorities in employing a sanitary removal 
 inspector or inspectors, such highway board or nuisances removal committees 
 committee may continue to act, and a like committee may be annually ? ow 8ubs ^ 
 chosen by the vestry for such place in the same manner as if this in & ma J J* 6 
 Act had not been passed ; but in case in any year the nuisances re- c< 
 
 moval committee be not chosen for such place in manner provided th J^ , 
 
 by the said Act, or if the highway board or committee now subsisting gantry 
 
 or hereafter chosen fail for two months in any year to appoint or em- inspectors (5). 
 
 ploy a sanitary inspector or inspectors, the authority of such highway 
 
 board or committee shall cease, and no like committee shall be chosen 
 
 for such place, and the same body or persons shall thenceforth be the 
 
 local authority for the place as if no such highway board or committee 
 
 had been appointed therein. 
 
 4. All charges and expenses incurred by the local authority in How expenses 
 executing the said Nuisances Removal Act, and not recovered as of local autho- 
 therein provided, shall be defrayed as follows ; to wit, &y to be 
 
 Out of general district rates where the local authority is a local defrayed. 
 
 board of health : 
 
 Out of the borough fund or borough rate where the local autho- 
 rity is the mayor, aldermen, and burgesses by the council : 
 Provided 'always, that in the city of Oxford and borough of Cambridge 
 such expenses shall be deemed annual charges and expenses of cleans- 
 ing the streets of the said city and borough respectively, and shall be 
 so payable: 
 
 Out of the rates levied for purposes of improvement under any 
 improvement Act, where the local authority is a body or trus- 
 tees or commissioners acting in execution of the powers of 
 such an Act : 
 
 (6) This section is repealed by the 17th section of the]Sanitary Act, 1866, 
 but the repealing section is not to extend to any vestry or district board 
 tinder the Metropolis Local Management Act, 1855, or to any committee 
 appointed by such vestry or district board for the purpose of carrying into 
 effect the nuisances removal Acts or any of them.
 
 APPENDIX, THE NUISANCES REMOVAL AND DISEASES PREVENTION 
 
 Where a board of guardians for a union is such local authority 
 for the whole of such union, such charges and expenses shall 
 be defrayed by means of an addition to be made to the rate 
 for the relief of the poor of the parist or parishes for which 
 the expense has been incurred, and be raised and paid in like 
 manner as money expended for the relief of the poor : 
 
 Where the board of guardians for a union is such local authority 
 for two or more places maintaining their own poor, but not for 
 all such places in such union, such charges and expenses shall 
 be paid out of the poor rates of the places aforesaid for which 
 the board is the local authority : 
 
 Where the board of guardians for a union is under this Act the 
 local authority for a single place maintaining its own poor, and 
 where the board of guardians for any single place, or the over- 
 seers of any such place, or " The Nuisances Removal Com- 
 mittee " continued or chosen as hereinbefore provided in any 
 such place, are under this Act the local authority for such 
 place, such charges and expenses shall be defrayed out of the 
 rates for the relief of the poor thereof : 
 
 Where the board of guardians for a union is under this Act the 
 local authority for part only of any place maintaining its own 
 poor, together with the whole of any other siich place or part 
 of any other such place, such board shall apportion such 
 charges and expenses between or among any or every such part 
 and any or every such place ; and so much of such charges and 
 expenses as may be apportioned to any or every such place for 
 the whole of which such board is the 'local authority shall be 
 defrayed out of the rates or funds applicable to the relief of 
 the poor thereof : 
 
 So much of any such charges and expenses as may be apportioned to 
 part of a place maintaining its own poor, and any such charges 
 and expenses incurred by any board of guardians or overseers, 
 where such board or overseers are the local authority for part of 
 any such place only, shall be defrayed by means of an addition 
 to be made to the rate for the relief of the poor thereof, and be 
 raised and paid in like manner as money expended for the relief of 
 the poor. 
 
 5. Provided, that the board of guardians for a union may appoint 
 a committee or committees of their own body, under section five of 
 the said Nuisances Removal Act, to act in and for one or more of the 
 parishes or places for which the board is the local aiithority ; and 
 every committee so appointed shall have the full power of executing 
 the said Acts in all respects, within the specified place or places for 
 which it is appointed, unless its power be expressly limited by the 
 terms of its appointment ; and the board of guardians shall cause the 
 charges and expenses of every such committee to be paid oxit of the 
 poor rates of the place or places for which such committee is appointed; 
 and where a committee is so appointed for any such place or places 
 the charges and expenses of the board as local authority for or in 
 respect of the place or places for which a committee is not appointed 
 shall be paid or contributed by such last-mentioned place or places in 
 like manner as the expenses of a committee : provided that where 
 any one such committee is appointed for all the places for which the 
 board is the local authority its charges and expenses shall be contri- 
 buted and paid in like manner as the charges and expenses of the 
 board would have been contribiited and paid if such committee had 
 not been appointed.
 
 ACT, I860. 23 & 24 VICT. c. 77, ss. 611. 633 
 
 6. Provided also, that as regards the metropolis, the vestries and Section 6. 
 district boards under the Act of the session holden in the eighteenth 
 
 and nineteenth years of her Majesty, chapter one hundred and twenty, 
 within their respective parishes and districts, shall continue and be 
 the local authorities for the execution of the said nuisances removal . * 
 
 Act, and their charges and expenses shall be defrayed as if this Act t , f 
 had not been passed. poliT 
 
 7. All wells, fountains, and pumps provided under section fifty of Wells, &c., 
 
 " The Public Health Act, 1848," or otherwise, for the use of the in- belonging to 
 habitants of any place, and not being the property of or vested in any any place 
 person or corporation other than officers of such place, shall be vested vested in 
 in the local authority under this Act for such place, who shall from to"* 1 autho- 
 time to time cause to be kept in good repair and condition and free rity > ** ()- 
 from pollution all wells, fountains, and pumps vested in them under 
 this Act, and may also keep in good repair and condition and free 
 from pollution other wells, fountains, and pumps dedicated to or open 
 to the use of the inhabitants of such place. 
 
 8. If any person do any act whatsoever whereby any fountain Penalty for 
 or pump is wilfully or maliciously damaged, or the water of any fouling 
 well, fountain, or pump is polluted or fouled, he shall, upon sum- water, 
 mary conviction of such offence before two justices, forfeit a sum 
 
 not exceeding five pounds for such offence, and a further sum not 
 exceeding twenty shillings for every day during which such offence 
 is continued after written notice from the local .authority in relation 
 thereto ; but nothing herein contained shall extend to any offence 
 provided against by section twenty-three of the said " Nuisances 
 Removal Act." 
 
 9. Local authorities under this Act may, for the purposes of the Appointment 
 Act, severally appoint or employ inspectors of nuisances, and make of inspectors 
 such payments as they see fit for the remuneration and expenses of nuisances, 
 of such inspectors. 
 
 Diseases Prevention. 
 
 10. Sections two and three of " The Diseases Prevention Act, 1855," Sections 2 
 and every other enactment constituting a local authority for the exe- and 3 of 
 cution of the same Act, or providing for the expenses of the execution 18 & 19 Viet, 
 thereof, except those contained in the eighteenth and nineteenth of c. 116, 
 Victoria, chapter one hundred and twenty, the Metropolis Local repealed. 
 Management Act, shall be repealed. 
 
 11. The board of guardians for every union, or parish not within Guardians 
 an union, in England shall be the local authority for executing the and over- 
 said Diseases Prevention Act in every place within their respective seers of the 
 unions and parishes, and in every parish and place in England not poor to be 
 within a union, and for which there is no board of guardians, the the local 
 overseers of the poor shall be the local authority to execute the same authorities 
 Act ; and the expenses incurred in the execution of such Act by the f?f executing 
 board of guardians for a union shall be defrayed out of the common Diseases 
 fund thereof, and the expenses of the board of guardians or overseers ^T 
 
 of the poor of any single parish or place shall be defrayed out of the Act - 
 rates for the relief of the poor of such parish or place ; provided that 
 
 (a) By the Sanitary Act, 1866, the property in wells, &c., vested in the 
 nuisance authority under this section, is vested in the sewer authority where 
 that authority supplies water to its district.
 
 APPENDIX. THE NUISANCES REMOVAL AND DISEASES PREVENTION 
 
 Section 11. every such board of guardians shall, for the execution of the said Act 
 for the prevention of diseases, have the like powers of appointing 
 committees, with the like authority, and where any such committee 
 is appointed the expenses thereof and of the board shall be paid in the 
 same manner, as hereinbefore provided where such a board is the 
 local authority for the execution of the said Nuisances Removal Act ; 
 provided also, that any expenses already incurred by any local autho- 
 rity in the execution of the said Act shall be defrayed as if this Act 
 had not been passed ; provided, moreover, that in respect of any 
 place where, under this Act, the local authority for executing the 
 nuisances removal Act is any other body than the board of guardians 
 or the overseers of the poor, the privy council, if it see fit, may, in 
 the manner provided for the exercise of its powers under the Public 
 Health Act, 1858, authorize such other body to be, instead of the 
 board of guardians or the overseers of the poor, the local authority 
 for executing the diseases prevention Act ; provided also, that as 
 regards the metropolis the vestries and district boards under the 
 Act of the session holden in the eighteenth and nineteenth years 
 of her Majesty, chapter one hundred and twenty, within "their 
 respective parishes and districts, shall continue to be the local autho- 
 rities for the execution of the said " Diseases Prevention Act, 1855," 
 and their charges and expenses shall be defrayed as if this Act had 
 not been passed. 
 
 12. It shall be lawful for the local authority for executing the said 
 " Diseases Prevention Act " to provide and maintain a carriage or 
 carriages suitable for the conveyance of persons suffering under any 
 contagious or infectious disease, and to convey such sick and diseased 
 persons as may be residing within such locality to any hospital or other 
 place of destination, and the expenses thereof shall be deemed to be 
 an expense incurred in executing the said Act. 
 
 Justices, on 
 theappli- 
 cation of 
 household- 
 era, may 
 order the 
 removal of 
 nuisances (a). 
 
 13. Upon complaint before a justice of the peace by any inhabitant 
 of any parish or place of the existence of any nuisance on any private 
 premises in the same parish or place, such justice shall issue a sum- 
 mons requiring the person by whose Act, default, permission, or 
 sufferance the nuisance arises, or if such person cannot be found or 
 ascertained, the owner or occupier of the premises on which the nui- 
 sance arises, to appear before two justices in petty sessions assembled 
 at their usual place of meeting, who shall proceed to inquire into the 
 said complaint, and act in relation thereto as in cases where complaint 
 is made by a local authority under section twelve of the said Nuisances 
 Removal Act, and as if the person making the complaint were such 
 local authority : provided always, that it shall be lawful for the said 
 justices, if they see fit, to adjourn the hearing or further hearing of 
 such summons for an examination of the premises where the nuisance 
 is alleged to exist, and to require the admission or authorize the entry 
 into such premises of any constable or other person or. persons, and 
 thereupon the person or persons authorized by the order of the justices 
 may enter and act as the local authority might under a like order 
 
 (a) When the complaint is made by an inhabitant under this section the 
 notice directed by the 29 & 30 Viet. c. 90, s. 21, in proceeding by a local 
 authority is not requisite : Cocker v. Cardwell, 33 J. P. 758 ; L. R. 5 Q.B. 15. 
 
 The right of complaint hereby given is extended to nuisances in any parish 
 or place, whether in private or public premises, and may be exercised by 
 any inhabitant in such parish or place, or by any owner of premises situated 
 therein, or by any other person aggrieved or injuriously affected thereby.
 
 ACT, I860. 23 & 24 VICT. c, 77, ss. 1316. 635 
 
 made by any justice under section eleven of the said Act : provided Section 13. 
 
 also, that the costs in the case of every such application shall be in 
 
 the discretion of the justices, and payment thereof may be ordered 
 
 and enforced as in other cases of summary adjudication by justices : 
 
 any order made by justices under this enactment shall be attended 
 
 with the like penalties and consequences for disobedience thereof and 
 
 subject to the like appeal as any order made under section twelve of 
 
 the said nuisances removal Act, and the justices making such order 
 
 may thereby authorize any constable or other person or persons to do 
 
 all Acts for removing or abating the nuisance condemned or prohibited, 
 
 and for executing such order, in like manner as a local authority 
 
 obtaining the like order might do under the said Act, and to charge 
 
 the costs to the person on whom the order is made, as is provided in 
 
 the case where a like order is obtained and executed by such local 
 
 authority. 
 
 14. The guardians of any union, or parish not within an union, Guardians 
 may at any time employ one of their medical officers to make inquiry may procure 
 and report upon the sanitary state of their union or parish, or any sanitary re- 
 part thereof, and pay a reasonable compensation for the same out of P rts and 
 their common fund. pay for the 
 
 same. 
 
 15. The several words used in this Act shall be construed in the i n t er pre- 
 same manner as is declared with reference to the same words in the tation of 
 above-cited Act, termed " The Nuisances Removal Act for England, terms. 
 1855," and all the provisions therein, and in " The Diseases Preven- 
 tion Act, 1855," contained, shall respectively be applicable to this 
 
 Act, except so far as they shall be hereby repealed, or be inconsistent 
 with anything herein provided. 
 
 16. No justice of the peace shall, unless objected to at the hearing Justices not 
 of any complaint or charge, be deemed incapable of acting in cases incapable of 
 other than appeals arising under the said Nuisances Removal Act by acting by 
 reason of his being a member of any body hereby declared to be the being 
 local authority to execute the said Act, or by reason of his being a members of 
 contributor, or liable to contribute, to any rate or fund out of which bodies to _ 
 it is hereby provided that all charges and expenses incurred in. execute A ui- 
 executing the said Act, and not recovered as therein provided shaD, " 
 
 (J) This section is repealed by 29 & 30 Viet. c. 41, s. 1, and by section 2 
 of that Act it is enacted, that no justice of the peace shall be deemed inca- 
 pable of acting in cases under the Nuisances Removal Act or the Act 
 of the 29 & 30 Viet. c. 77, by reason of his being a member of any body 
 declared to be the authority to execute the said Act, or by reason of his being 
 a contributor or liable to contribute to any rate or fund, out of which it is 
 thereby provided that all charges and expenses incurred in executing the 
 said Act, and not recovered as therein provided, shall be defrayed : see as to 
 what disqualifies justice, 22. v. Meyer, L. R. 1 Q. B. D. 173. 
 
 The mere possibility of bias in favour of one of the parties does not ipso 
 facto void the justice's decision : J2. v. Rand, L. R. 1 Q. B. 230. 
 
 A convicting justice under a local Act is not disqualified by reason of being 
 member of a corporation : Earring v. Stockton, 31 J. P. 420. A justice, a 
 member of a sanitary board, is not competent under section 258 of Public 
 Health Act, 1875, to adjudicate upon a prosecution, which in that capacity 
 he had been a party to instituting; R. v. Justices of WeymoutA, 48 L. J. 
 
 This last Act, 29 & 30 Viet. c. 41, is repealed except so far as relates to 
 the metropolis: see reference to repealing section in note to caption of 
 Nuisances Removal Act for England, 1855, ante.
 
 AN ACT 
 
 TO AMEND THE NUISANCES REMOVAL ACT FOR 
 ENGLAND, 1855, WITH RESPECT TO THE SEIZURE 
 OF DISEASED AND UNWHOLESOME MEAT (a). 
 
 26 & 27 VICT. CAP. 117. 
 
 28TH JULY, 1863. 
 
 WHEREAS the provisions of "The Nuisances? Removal Act for 
 England, 1855," with regard to the inspection and seizure of diseased 
 and iinwholesome meat, are defective ; and it is therefore expedient 
 that the same should be repealed, and that other and more effectual 
 provisions in that behalf should be substituted therefor : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by 
 and with the advice and consent of the Lords spiritual and temporal, 
 and Commons in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. From and after the passing of this Act, the twenty-sixth section 
 of the said Act is repealed. 
 
 2. The medical officer of health or inspector of nuisances may at 
 all reasonable times inspect and examine any animal, carcase, meat, 
 poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour (6) 
 exposed for sale, or deposited in any place (c) for the purpose of sale 
 or of preparation for sale, and intended for the food of man, the proof 
 that the same was not exposed or deposited for such purpose or pur- 
 poses, or was not intended for the food of man, resting with the party 
 charged ; and in case any such animal, carcase, meat, poultry, game, 
 flesh, fish, fruit, vegetables, corn, bread, or flour appear to him to be 
 
 (a) This Act is repealed by the Public Health Act, 1875, schedule 5, 
 Part I, except so far as relates to the metropolis. See note to title of 
 Nuisances Removal Act, 1855, ante. 
 
 (b) By the Sanitary Law Amendment Act, 1874, extended to "milk," iu 
 the same manner as if that word had been introduced after the word " flour," 
 wherever that word occurs in this section. 
 
 (c) Where two carcases of cows unfit for food were found in a yard at 
 the back of a butcher's house, with a slaughter-house on one side of the 
 yard, the yard was held to be "a place" within tbis provision; and the word 
 " place" in section 3 is not to be limited to places ejusdem generis with 
 "slaughter-house, shop, building, or market;" Young v. Orattridtje, 38 
 L. J. M. C.67; L.R.4Q.B.166.
 
 26 & 27 VICT. c. 117, ss. 25. 
 
 diseased, or unsound, or unwholesome, or unfit for the food of man, Section 2. 
 it shall be lawful for such medical officer of health or inspector of " 
 
 nuisances to seize, take, and cariy away the same, or direct the same 
 to be seized, taken, and carried away by any officer, servant, or 
 assistant, in order to have the same dealt with by a justice ; and if it 
 shall appear to the justice that any such animal, or any of the said 
 articles, is diseased, or unsound or unwholesome, or unfit for the food 
 of man (d), lie shall order (e) the same to be destroyed, or so disposed 
 of as to prevent such animal or articles from being exposed for sale or 
 used for such food ; and the person to whom such animal, carcase, 
 meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour 
 belongs or did belong at the time of sale or of exposure for sale, or in 
 whose possession or on whose premises the same is found, shall, upon 
 conviction, be liable to a penalty not exceeding twenty pounds for 
 every animal, carcase, or fish, of piece of meat, flesh, or fish, or any 
 poultry or game, or for the parcel of fruit, vegetables, com, bread, or 
 flour so found, or, at the discretion of the justice, without the inflic- 
 tion of a fine, to imprisonment in the. common gaol or house of cor- 
 rection for a term of not more than "three- calendar months. 
 
 3. In case any person shall in any manner prevent (/) such medical Penalty for 
 officer of health or inspector of nuisances from entering any slaughter- obstructing 
 house, shop, building, market, or other place where such animal medical 
 carcase, meat, poultry, or fish is kept for the purpose of sale or of officer of 
 preparation for sale, or shall in any manner obstruct or impede him, health, &<? 
 or his servant or assistant, when duly engaged in carrying the provi- 
 sions of this Act into execution, such person shall be liable to a 
 
 penalty not exceeding five pounds. 
 
 4. This Act and " The Nuisances Kemoval Act for England, 1855," This and re- 
 shall be read and construed together as one Act. cited Acfc to 
 
 be as one 
 
 5. This Act may be cited for all purposes as " The- Nuisances 
 Removal Act for England (Amendment) Act, 1863." shor t title. 
 
 (d) To sell or expose for sale things unfit for human food is a nuisance at 
 common law ; Shillito v. Thompson, L. R. I Q. B. D. 12. 
 
 (e) There is an opinion in some quarters that before an order to destroy 
 can be made, the party should be summoned, on the supposed authority 
 of such cases as Gill v. Bright, 36 J. P. 198 ; -B. v. Cheshire, 37 J. P. 373 ; 
 but it is doubtful whether those cases are applicable, and certainly the prc* 
 vailing practice has been to obtain the order to destroy ex parte. 
 
 (/) Where a butcher refuses to admit the inspector, he is not liable to 
 conviction j Small v. Buckley, 40 J. P. 119. There must be some actual 
 
 there, the butcher refused to go and open his premises on 
 Ibid.
 
 AN ACT 
 
 TO AMEND THE LAW RELATING TO THE PUBLIC 
 HEALTH (). 
 
 -29 & 30 VICT. CAP. 90. 
 
 7ra AUGUST, 1866. 
 
 WHEREAS it is expedient to amend the law relating to public 
 health : 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same as follows : 
 
 1. This Act may be cited for all purposes as "The Sanitary 
 Act, 1866." 
 
 PAST I. PART I. 
 
 Amendment of the Sewage Utilisation Act, 1865. 
 
 2. " Sewer authority" in this Act shall have the same meaning as 
 it has in the Sewage Utilization Act, 1865. 
 
 The words " lord lieutenant in council" shall mean in this Act the 
 lord lieutenant or any chief governor or chief governors in Ireland 
 acting by and with the consent of Her Majesty's privy council in 
 Ireland. 
 
 3. This part of this Act shall be construed as one with the Sewage 
 Utilization Act, 1865, and the expression " The Sewage Utilization 
 Act, 1865," as used in this or any other Act of parliament or other 
 document, shall mean the said Sewage Utilization Act, 1865, as 
 amended by this Act. 
 
 4. Any sewer authority may from time to time, at any meeting 
 specially convened for the purpose, form one or more committee or 
 committees consisting wholly of its own members, or partly of its 
 
 (a) This Act is repealed by the Public Health Act, 1875, schedule 5, 
 Part I, except so far as relates to the metropolis. See reference to the 
 repeal in note to caption of Nuisances Removal Act, 1855, ante. This Act was 
 amended by Sanitary Act, 1868, 31 & 32 Viet. c. 115, post.
 
 29 & 30 VICT. c. 90, ss. 46. 530 
 
 own members and partly of such other persons contributing to the PAST I. 
 rate or fund out of which the expenses incurred by such authority -7 
 
 are paid, and qualified in such other manner as the sewer authority Section 4. 
 may determine, and may delegate, with or without conditions or form com- 
 restrictions, to any committee so formed, all or any powers of such mittee of its 
 sewer authority, and may from time to time revoke, add to, or alter own mem- 
 any powers so given to a committee. bers and 
 
 A committee may elect a chairman of its meetings. If no chairman others, (b) 
 is elected, or if the chairman elected is not present at the time 
 appointed for holding the same, the members present shall choose one 
 of their number to be chairman of such meeting. A committee may 
 meet and adjourn as it thinks proper. The quorum of a committee 
 shall consist of such number of members as may be prescribed by the 
 sewer authority that appointed it, or, if no number be prescribed, of 
 three members. Every question at a meeting shall be determined by 
 a majority of votes of the members present, and voting on that ques- 
 tion ; and in case of an equal division of votes the chairman shall 
 have a second or casting vote. 
 
 The proceedings of a committee shall not be invalidated by any 
 vacancy or vacancies amongst its members. 
 
 A sewer authority may from time to time add to or diminish the 
 number of the members or otherwise alter the constitution of any 
 committee formed by it, or dissolve any committee. 
 
 A committee of the sewer authority shall be deemed to be the 
 agents of that authority, and the appointment of such committee 
 shall not relieve the sewer authority from any obligation imposed on 
 it by Act of parliament or otherwise. 
 
 5. Where the sewer authority of a district is a vestry, select vestry, Formation 
 or other body of persons acting by virtue of any Act of parliament, of special 
 prescription, custom, or otherwise as or instead of a vestry or select drainage 
 vestry, it may, by resolution at any meeting convened for the pur- district, (c) 
 pose after twenty-one clear days notice affixed to the places where 
 parochial notices are usually affixed in its district, form any part of 
 
 such district into a special drainage district for the purposes of the 
 Sewage Utilization Act, and thereupon such special drainage district 
 shall, for the purposes of the Sewage Utilization Act, 1865, and the 
 powers therein conferred, be deemed to be a parish in wliich a rate 
 is levied for the maintenance of the poor, and of which a vestry is the 
 sewer authority, subject, as respects any meeting of the inhabitants 
 thereof in vestry, to the Act of the fifty-eighth year of the reign of 
 King George the Third, chapter sixty-nine, and the Acts amending 
 the same ; and any officer or officers who may from tune to time be 
 appointed by the sewer authority of such special drainage district for 
 the purpose shall have within that district all the powers of levying 
 a rate for the purpose of defraying the expenses of carrying the said 
 Sewage Utilization Act into eifect that they would have if such dis- 
 trict were such parish as aforesaid, and such rate were a rate for the 
 relief of the poor, and they were duly appointed overseers of such 
 parish. 
 
 6. Where the sewer authority of any place has formed a special Appeal 
 drainage district in pursuance of this Act, if any number of the against con- 
 
 (b) This section is repealed by the 14th section of the Public Health Act, 
 
 (c) Sec Sanitary Act, 1870, section 3, as to signature and affixing of this 
 notice under this provision.
 
 640 
 
 PABT I. 
 Section 6. 
 
 stitution of 
 special 
 drainage 
 district. 
 
 Evidence of 
 formation 
 of special 
 drainage 
 district. 
 
 Power to 
 drain into 
 sewers of 
 sewer au- 
 thority. 
 
 Use of 
 sewers by 
 persons 
 beyond dis- 
 trict. 
 
 As to the 
 drainage of 
 houses. 
 
 APPENDIX THE SANITARY ACT, 1866. 
 
 inhabitants of such place, not being less than twenty, feel aggrieved 
 by the formation of such district, or desire any modification in its 
 boundaries, they may, by petition in writing under their hands, bring 
 their case under the consideration of one of Her Majesty's principal 
 secretaries of state, and the said secretary of state may after due 
 investigation annul the formation of the special drainage district or 
 modify its boundaries as he thinks just. 
 
 7. A copy of the resolution of a sewer authority forming a special 
 drainage district shall be published by affixing a notice thereof to the 
 church door of the parish in which the district is situate, or of the 
 adjoining parish if there be no church in the said parish, and by 
 advertising notice thereof in some newspaper published or circulating 
 in the county in which such district is situate ; and the production 
 of a newspaper containing such advertisement, or a certificate under 
 the hand of the clerk or other officer performing the duties of clerk 
 for the time being of the sewer authority which passed the resolution 
 forming the district, shall be evidence of the formation of such dis- 
 trict, and after the expiration of three months from the date of the 
 resolution forming the district such district shall be presumed to have 
 been duly formed, and no objection to the formation thereof shall be 
 entertained in any legal proceedings whatever. 
 
 8. Any owner or occupier of premises within the district of a sewer 
 authority shall be entitled to cause his drains to empty into the 
 sewers of that authority on condition of his giving such notice as may 
 be required by that authority of his intention so to do, and of comply- 
 ing with the regulations of that authority in respect of the mode in 
 which the communications between such drains and sewers are to be 
 made, and subject to the control of any person who may be appointed 
 by the sewer authority to superintend the making of such communi- 
 cations ; but any person causing any drain to empty into any sewer 
 of a sewer authority without complying with the provisions of this 
 section shall incur a penalty not exceeding twenty pounds, and it 
 shall be lawful for the sewer authority to close any communication 
 between a drain and sewer made in contravention of this section, and 
 to recover in a summary manner from the person so offending any 
 expenses incurred by them under this section. 
 
 9. Any owner or occupier of premises beyond the limits of the 
 district of a sewer authority may cause any sewer or drain from such 
 premises to communicate with any sewer of the sewer authority upon 
 such terms and conditions as may be agreed upon between such 
 owner or occupier and such sewer authority, or in case of dispute 
 may, at the option of the owner or occupier, be settled by two 
 justices or by arbitration in manner provided by The Public Health 
 Act, 1848, in respect of matters by that Act authorized or directed to 
 be settled by arbitration. 
 
 10* If a dwelling house within the district of a sewer authority is 
 without a drain or without such drain as is sufficient for effectual 
 drainage, the sewer authority may by notice require the owner of 
 such house within a reasonable time therein specified to make a suffi- 
 cient drain emptying into any sewer which the sewer authority is 
 entitled to use, and with which the owner is entitled to make a com- 
 munication, so that such sewer be not more than one hundred feet 
 from the site of the house of such owner ; but if no such means of 
 drainage are within that distance then emptying into such covered
 
 29 & 30 VICT. c. 90, ss. 1013. 641 
 
 cesspool or other 'place not being under any house, as the sewer PABT I. 
 
 authority directs ; and if the person on whom such notice is served 
 
 fails to comply with the same, the sewer authority may itself, at the Section 10, 
 
 expiration of the time specified in the notice, do the work required, 
 
 and the expenses incurred by it in so doing may be recovered from 
 
 such, owner in a summary manner. 
 
 11. A sewer authority within its district shall have the same powers Supply of 
 in relation to the supply of water that a local board has within its water to 
 district, and the provisions of the sections hereinafter mentioned shall district of 
 apply accordingly in the same manner as if in such provisions sewer 
 
 " sewer authority " were substituted for "local board of health" or authority. 
 " local board," and the district in such provisions mentioned were 
 the district of the sewer authority and not the district of the local 
 board ; that is to say, the sections numbered from seventy-five to 
 eighty, both inclusive, of The Public Health Act, 1848, sections fifty- 
 one, fifty-two, and fifty-three of The Local Government Act, 1858, 
 and section twenty of The Local Government Act, 1858, Amendment 
 Act, 1861. 
 
 The sewer authority may, if it think it expedient so to do, 
 provide a supply of water for the use of the inabitants of the 
 district by 
 
 (1.) Digging wells ; 
 
 (2.) Making and maintaining reservoirs ; 
 
 (3.) Doing any other necessary acts ; 
 
 and they may themselves furnish the same, or contract with any 
 other persons or companies to furnish the same : provided always, 
 that no land be purchased or taken under this clause except by 
 agreement or in manner provided by the Local Government Act, 
 1858. 
 
 12. Any expenses incurred by a sewer authority in or about the Expenses of 
 supply of water to its district, and in carrying into effect the provi- sewer autho- 
 sions herein-before in that behalf mentioned, shall be deemed to be rity in^ 
 expenses incurred by that authority in carrying into effect the Sewage su pp!ying 
 Utilization Act, 1865, and be payable accordingly. water 
 
 13. All property in wells, fountains, and pumps, and powers in Wells, &c., 
 relation thereto, vested in the nuisance authority by the seventh belonging to 
 section of the Act passed in the session of the twenty-third and any place 
 twenty-fourth years of the reign of Her present Majesty, chapter vested in 
 seventy-seven, shall vest in the sewer authority, where the sewer sewer autho- 
 authority supplies water to its district. "*y * 
 
 23 & 24 Viet. 
 
 c. 77, s. 7. 
 
 2 i
 
 642 
 
 PART II. 
 Section 14. 
 
 APPENDIX. THE SANITAKY ACT, 1866. 
 
 PART II. 
 
 Definition of 
 " Nuisances 
 Removal 
 Acts." 
 
 Amendment of the Nuisances Eemoval Acts. 
 
 14. The expression " Nuisances Removal Acts " shall mean the 
 Acts passed in the years following of the reign of Her present 
 Majesty, that is to say, the one in the session of the eighteenth and 
 nineteenth years, chapter one hundred and twenty-one, and the 
 other in the session of the twenty-third and twenty-fourth years, 
 chapter seventy-seven, as amended by this part of this Act ; and this 
 part of this Act shall be construed as one with the said Acts, and 
 all expenses incurred by a nuisance authority in carrying into effect 
 any of the provisions of this part of this Act shall be deemed to be 
 expenses incurred by it in. carrying into effect the Nuisances Removal 
 Acts. 
 
 Definition of 
 ' Nuisance 
 Authority." 
 
 Power of 
 police with 
 respect to 
 nuisances.(i) 
 
 15. " Nuisance authority " shall mean any authority empowered 
 to execute the Nuisances Removal Acts.(a) 
 
 16. In any place within the jurisdiction of a nuisance aiithority 
 the chief officer of police within that place, by and under the 
 directions of one of Her Majesty's principal secretaries of state, on its 
 being proved to his satisfaction that the nuisance authority has made 
 default in doing its duty, may institute any proceedings which the 
 nuisance authority of such place might institute with respect to the 
 removal of nuisances : provided always, that no officer of police shall 
 be at liberty to enter any house or part of a house used as the 
 dwelling of any person without such person's consent, or without the 
 warrant of a justice of the peace, for the purpose of carrying into 
 effect this Act. 
 
 Section 3 of 
 23 & 24. Viet. 
 c.77, 
 repealed. 
 
 17. The third section of the said Act of the session of the twenty- 
 third and twenty-fourth years of the reign of Her present Majesty, 
 
 (a) By the 34 & 35 Viet. c. 113 (Metropolis Water Act, 1871), s. 32, a 
 water company which has cut off or ceased to supply water under the cir- 
 cumstances therein described, shall, within twenty-four hours thereafter, 
 give to the nuisance authority as herein denned, notice thereof, and see 
 section 33, which enacts that the absence of the prescribed fittings shall be 
 a nuisance within the Nuisances Removal Act, 1855. Where justices acting 
 under the Nuisances Removal Act, 1855, and this Act, imposed penalties in 
 nineteen separate informations for sending forth black smoke on as many 
 different days, with costs on each information, it was decided that each 
 emission of smoke was a separate offence, and the justices had not so exer- 
 cised their jurisdiction in awarding costs as to call for the interference of 
 the court ; E. v. WaterJiouse, L. R. 7 Q. B. 545. 
 
 (V) The Sanitary Law Amendment Act, 1874, 37 & 38 Viet. c. 89, s. 19, 
 enacts that where proceedings are taken under the directions of the local 
 government board under this section by the chief officer of police, he shall 
 be entitled to recover from the authority in default, all expenses he may 
 incur and which shall not be paid by the party proceeded against.
 
 29 & 30 VICT. c. 90, ss. 1719. 543 
 
 chapter seventy-seven, shall be repealed, and all powers vested in PAST II. 
 
 any highway board or "nuisance removal committee" under the 
 
 Nuisances Removal Acts shall determine, and all property belonging Section 17. 
 
 to them for the purposes of the said Nuisances Removal Acts shall, 
 
 subject to any debts or liabilities affecting the same, be transferred 
 
 to or vested in the nuisance authority under the said Acts : provided 
 
 always, that this section shall not extend to any vestry or district 
 
 board, under the Act of the session of eighteenth and nineteenth 
 
 years of the reign of Her present Majesty, chapter one hundred and 
 
 twenty, intituled " An Act for the better Local Management of the *8 & 19 Viet. 
 
 Metropolis," or to any committee appointed by such vestry or district c - 120< 
 
 board for the purpose of carrying into eifect the nuisances removal 
 
 Acts or any of them. 
 
 18. A requisition in writing under the hands of any ten inhabi- Requisition 
 
 tants of a place shall for the purposes of the twenty-seventh section of ten 
 
 of " The Nuisances Removal Act for England, 1855," be deemed to inhabitants 
 
 be equivalent to the certificate of the medical officer or medical prac- equivalent to 
 
 titioners therein mentioned,(e) and the said section shall be enforced certificate 
 
 accordingly. of medical 
 
 19. The word " nuisances " tinder the nuisance removal Acts Addition to 
 shall include definition of 
 
 1. Any house or part of a house so overcrowded as to be dangerous nuisance ' 
 
 or prejudicial to the health of the inmates: (d) 
 
 2. Any factory, workshop, or workplace not already under the 
 
 operation of any general Act for the regulation of factories or 
 bakehouses, not kept in a cleanly state, or not ventilated in 
 such a manner as to render harmless as far as practicable any 
 gases, vapours, dust, or other impurities generated in the course 
 of the work carried on therein that are a nuisance or injurious 
 or dangerous to health, or so overcrowded while work is carried 
 on as to be dangerous or prejudicial to the health of those 
 employed therein: 
 
 3. Any fireplace or furnace which does not as far as practicable 
 
 consume the smoke arising from the combustible used in such 
 fireplace or furnace,(e) and is used within the district of a 
 nuisance authority for working engines by steam, or in any 
 mill, factory, dyehouse, brewery, bakehouse, or gaswork, or in 
 any manufactory or trade process whatsoever: 
 
 Any chimney (not being the chimney of a private dwelling 
 house) sending forth black smoke in such quantity as to be a 
 nuisance : 
 
 Provided, first, that in places where at the time of the passing of 
 this Act no enactment is in force compelling fireplaces or furnaces 
 
 (c) Viz.: "Any medical officer, or any two qualified medical prac- 
 titioners." 
 
 (d) As to overcrowding in a house, so as to be a nuisance, although occu- 
 pied by only one family : Guardians of Rye Union v. Payne, 40 J. P. 166. 
 The Public Health Act, 1875, in the analogous pro\risions, adds the words 
 " whether or not members of the same family." 
 
 (e) This does not apply to smoke caused by the smelting of ores, which 
 is within the enactment 18 & 19 Viet. c. 121, s. 44 ; Norris v. Barnes, 41 
 L. J. M. C. 144 ; L. R. 7 Q. B. 537. Sec as to proof of nuisance from 
 smoke, GasJcell v. Davies, 30 L. J. 516. 
 
 2 T 2
 
 APPENDIX. THE SANITAEY ACT, 1866. 
 
 to consume their own smoke, the foregoing enactment as to fire- 
 places and furnaces consuming their own smoke shall not come 
 into operation until the expiration of one year from the date of 
 the passing of this Act : 
 
 Secondly, that where a person is summoned before the justices in 
 respect of a nuisance arising from a fireplace or furnace which 
 does not consume the smoke arising from the combustible used 
 in such fireplace or furnace, the justices may hold that no 
 nuisance is created within the meaning of this Act, and dismiss 
 the complaint, if they are satisfied that such fireplace or furnace 
 is constructed in such manner as to consume as far as prac- 
 ticable, having regard to the nature of the manufacture or 
 trade, all smoke arising th.erefrom,(a) and that such fireplace or 
 furnace has been carefully attended to by the person having the 
 charge thereof. 
 
 20. It shall be the duty (b) of the nuisance authority to make from 
 time to time, either by itself or its officers, inspection of the district, 
 with a view to ascertain what nuisances exist calling for abatement 
 under the powers of the nuisance removal Acts, and to enforce the 
 provisions of the said Acts in order to cause the abatement thereof, 
 also to enforce the provisions of any Act that may be in force within 
 its district requiring fireplaces and furnaces to consume their own 
 smoke ; and any justice upon complaint upon oath may make an order 
 to admit the nuisance authority or their officers for these purposes, as 
 well as to ground proceedings under the eleventh section of " The 
 Nuisances Removal Act, 1855." 
 
 21. The nuisance authority or chief officer of police shall, previous 
 to taking proceedings before a justice under the twelfth section of 
 the " Nuisances Removal Act, 1855," serve a notice (c) on the person 
 by whose act, default, or sufferance the nuisance arises or continues, 
 or, if such person cannot be found or ascertained, on the owner (d) 
 
 (a) See a case under a local Act incorporating the smoke provisions of 
 10 & 11 Viet. c. 34, where similar words were held to mean " as far as 
 possible, consistently with carrying on the trade for which the furnace is 
 used; Cooper v. Woolley, 36 L. J. M. C. 27 ; L. R. 2 Ex. 88. See bill by 
 plaintiff seeking, on ground of nuisance, to stop a long commenced work, 
 dismissed on the facts ; Salvin v. North Brancepeth Coal Company, L. R. 
 9 Ch. 705. The master is liable for a nuisance from smoke, though it is 
 caused by his servants ; Barnes v. Akroyd, L. R. 7 Q. B. 474. As to con- 
 tinuing nuisance after order to abate, see R. v. Waterhouse, 41 L. J. M. C. 
 115. 
 
 (b) As to proceedings in case of default, see section 49, post, and R. v. 
 Cockerell, L. R. 6 Q. B. 252, cited in note to that section. 
 
 (c) Where a notice has been served, under this section (21), it is not 
 necessary, to found proceedings under section 12 of Nuisances Removal Act, 
 1855, that a notice should be issued under section 1] of latter Act; Amys 
 v. Creed, L. R, 4 Q. B. 122. 
 
 Where the complaint is made by an inhabitant under 23 & 24 Viet. c. 77> 
 s. 13, the notice directed by this enactment is not necessary ; Cocker v. 
 Cardwell, 33 J. P. 758. 
 
 (d) A person who does not receive the rent from the occupier of the 
 premises is not owner within this enactment ; Cook v. Montagu, L. R. 7 
 Q. B. 418, and see also Bowditcli V. Wakefield Local Board, L. R. 6 Q. B. 
 567; 36 J. P. 197.
 
 29 & 80 VICT. c. 90, ss. 2124. 645 
 
 or occupier of the premises on which the nuisance arises, to abate the PAST n. 
 
 same, and for that purpose to execute such works and to do all such c ~ 
 
 things as may be necessary within a time to be specified in the notice: Section 21. 
 provided, 
 
 First, that where the nuisance arises from the want or defective 
 construction of any structural convenience, or where there is no 
 occupier of the premises, notice under this section shall be served 
 on the owner ; 
 
 Secondly, that where the person causing the nuisance cannot be 
 found, and it is clear that the nuisance does not arise or continue 
 by the act, default, or sufferance of the owner or occupier (e) of 
 the premises, then the nuisance authority may itself abate the 
 same without further order, and the cost of so doing shall be 
 part of the costs of executing the nuisances removal Acts, and 
 borne accordingly. 
 
 22. If the nuisance authority shall be of opinion, upon the certifi- Power to 
 cate of any legally qualified medical practitioner, that the cleansing cause pre- 
 and disinfecting of any house or part thereof, and of any articles mises to be 
 therein likely to retain infection, would tend to prevent or check cleansed or 
 infectious or contagious disease, it shall be the duty of the nuisance otherwise 
 authority to give notice in writing requiring the owner or occupier disinfected, 
 of such house or part thereof to cleanse and disinfect the same as 
 
 the case may require ; and if tlje person to whom notice is so given 
 fail to comply therewith within the time specified in the notice, he 
 shall be liable to a penalty of not less than one shilling and not 
 exceeding ten shillings for every day during which he continues to 
 make dei'ault ; and the nuisance authority shall cause such house or 
 part thereof to be cleansed and disinfected, and may recover the 
 expenses incurred from the owner or occupier in default in a sum- 
 mary manner ; when the owner or occupier of any such house or 
 part thereof as is referred to in this section is from poverty or 
 otherwise unable, in the opinion of the nuisance authority, effec- 
 tually to carry out the requirements of this section, such authority 
 may without enforcing such requirements on such owner or occu- 
 pier with his consent, at his own expense, cleanse and disinfect 
 such house or part thereof and any articles therein likely to retain 
 infection. 
 
 23. The nuisance authority in each district may provide a proper p ower to 
 place with all necessary apparatus and attendance, for the dismlec- provide 
 tion of woollen articles, clothing, or bedding which have become means of 
 infected, and they may cause any articles brought for disinfection to disinfection, 
 be disinfected free of charge. 
 
 24 It shall be lawful at all times for the nuisance authority to Nuisance 
 
 provide and maintain a carriage or carriages suitable for the convey- authorities 
 
 ance of persons suffering under any contagious or infectious disease, may provide 
 
 and to pay the expense of conveying any person therein to a hospital carnages for 
 
 or place for the reception of the sick or to his own home. TTtd? 
 
 persons. 
 
 (e) See Humphries v. Cousins, L. R. 2 C. P. D. 239, where a person was 
 held liable for damage clone by a drain, though he did not know of its 
 existence; approved in IMh v. Bowling Iron Company, L. E. 3 C. P. D. 
 259.
 
 46 APPENDIX. THE SANITARY ACT, 1866. 
 
 P.ABT II. 25. If any person suffering from any dangerous infectious disorder 
 
 , _ shall enter any public conveyance without previously notifying to 
 >ectlon 25. th e owner or driver thereof that he is so suffering, he shall on con- 
 viction thereof before any justice be liable to a penalty not exceeding 
 five pounds, and shall also be ordered by such justice to pay to such 
 owner and driver all the losses and expenses they may suffer in 
 carrying into effect the provisions of this Act ; and no owner or driver 
 of any jtublic conveyance shall be required to convey any person so 
 suffering until they shall have been first paid a sum sufficient to 
 cover all such losses and expenses. 
 
 26. Where a hospital or place for the reception of the sick is pro- 
 vided within the district of a nuisance authority, any justice may, 
 with the consent of the superintending body of such hospital or 
 place, by order on a certificate signed by a legally qualified medical 
 practitioner, direct the removal to such hospital or place for the 
 reception of the sick, at the cost of the nuisance authority, of any 
 person suffering from any dangerous contagious or infectious dis- 
 order, being without proper lodging or accommodation, or lodged in 
 a room occupied by more than one family, or being on board any 
 ship or vessel. 
 
 27. Any nuisance authority may (6) provide a proper place for the 
 reception of dead bodies, and where any such place has been pro- 
 vided and any dead body of one who has died of any infectious 
 disease is retained in a room in which persons live or sleep, or any 
 dead body which is in such a state as to endanger the health of the 
 inmates of the same house or room is retained in such house or room, 
 any justice may, on a certificate signed by a legally qualified medical 
 practitioner, order the body to be removed to such proper place of 
 reception at the cost of the nuisance authority, and direct the same 
 to be buried within a time to be limited in such order ; and unless 
 the friends or relations of the deceased undertake to bury the body 
 within the time so limited, and do bury the same, it shall be the duty 
 of the relieving officer to bury such body at the expense of the poor 
 rate, but any expense so incurred may be recovered by the relieving 
 officer in a summary manner from any person legally liable to pay 
 the expense of such burial. 
 
 28. Any nuisance authority may provide a proper place (otherwise 
 than at a workhouse or at a mortuary house as lastly herein-before 
 provided for) for the reception of dead bodies for and during the 
 time required to conduct any post-mortem examination ordered by 
 
 (a) By the Sanitary Law Amendment Act, 1874 (37 & 38 Viet. c. 89), 
 s. 51, it 'is enacted that every hospital or place for the reception of the sick 
 which shall be declared by an order of the local government board to be 
 within a convenient distance of the district of any authority for the pur- 
 poses of that section, shall be deemed to be within the district of such 
 authority ; and as to order of justices and penalty for disobedience, see 
 section, post. 
 
 (b) This seems to leave it to the discretion of the nuisance authority to 
 provide mortuaries. The 141st section of the Public Health Act, 1875, 
 after the word may in the corresponding enactment, introduces the words 
 "and if required by the local government board shall." But this does not 
 apply to the metropolis.
 
 29 & 30 VICT. c. 90, ss. 2833. 
 
 the coroner of the district or other constituted authority, and may PAET II. 
 make such regulations as they may deem fit for the maintenance, _ : 
 support, and management of such place ; and where any such place Section 28. 
 .has been provided, any coroner or other constituted authority may 
 order the removal of the body for carrying out such post-mortem 
 examination and the re-removal of such body, such costs of removal 
 and re-removal to be paid in the same manner and out of the same 
 fund as the costs and fees for post-mortem examinations when ordered 
 by the coroner. 
 
 29. Any nuisance authority may, with the sanction of the privy Power to 
 council, signified in manner provided by " The Public Health Act, remove to 
 1858," lay down rules for the removal to any hospital to which such hospital sick 
 authority is entitled to remove patients, and for keeping in such persons 
 hospital so long as may be necessary any persons brought within their brought by 
 district by any ship or boat who are infected with a dangerous and shi P s - 
 infectious disorder, and they may by such rules impose any penalty 
 
 not exceeding five pounds on any person committing any offence 
 against the same. 
 
 30. For the purposes of this Act any ship, vessel, or boat that is in Provision as 
 a place not within the district of a nuisance authority shall be to district of 
 deemed to be within the district of such nuisance authority as may nuisance 
 
 be prescribed by the privy council, and until a nuisance authority authority 
 
 has been prescribed then of the nuisance authority whose district extending 
 
 nearest adjoins the place where such ship, vessel, or boat is lying, the to places 
 
 distance being measured in a straight line, but nothing in this Act where ships 
 
 contained shall enable any nuisance authority to interfere with any are ^ m S- 
 ship, vessel, or boat that is not in British waters. 
 
 31. The power of entry given to the authorities by the eleventh Power of 
 section of the Nuisances Removal Act, 1855, may be exercised at any entry to 
 hour when the business in respect of which the nuisance arises is in nuisance 
 progress or is usually carried on. (c) authority or 
 
 And any justices order once issued under the said section shall their officer 
 continue in force until the nuisance has been abated, or the work under section 
 for which the entry was necessary has been done. ** ^ ^ & 19 
 
 32. Any ship or vessel lying in any river, harbour, or other water Provision as 
 shall be subject to the jurisdiction of the nuisance authority of the to ships 
 district within which such river, harbour, or other water is, and be within the 
 within the provisions of the Nuisances Removal Acts, in the same jurisdiction of 
 manner as if it were a house within such jurisdiction, and the master nuisance 
 
 or other officer in charge of such ship shall be deemed for the pur- authority, 
 poses of the Nuisances Removal Acts to be the occupier of such ship 
 or vessel; but this section shall not apply to any ship or vessel 
 belonging to Her Majesty or to any foreign government. 
 
 33. Where the guardians are the nuisance authority for part of Provision for 
 any parish only, and shall require to expend money on account of raising money 
 such part in execution of the provisions of the said Acts, the over- in divided 
 seers of the parish shall upon receipt of an order from the said guar- parishes, 
 dians, raise the requisite amount from the persons liable to be assessed 
 
 (c) The llth section of the Nuisances Removal Act, 1855, authorizes 
 an entry at any hour between 9 a,m and 6 p.m.
 
 648 
 
 APPENDIX. THE SANITARY ACT, 1866. 
 
 PAST II. to the poor rate therein by a rate to be made in like manner as a 
 - poor rate, and shall have all the same powers of making and recover- 
 
 Section 33. ing the same, and of paying the expense of collecting the rate when 
 made, and shall account to the auditor of the district for receipt and 
 disbursement of the same, in like manner, and with the same con- 
 sequences, as in the case of the poor rate made by them. 
 
 Nuisance 
 authority may 
 require 
 payment of 
 costs or ex- 
 penses ' from 
 owner or 
 occupier, and 
 occupier 
 paying to 
 deduct from 
 rent (a). 
 
 34. That it shall be lawful for the nuisance authority, at their 
 discretion, to require the payment of any costs or expenses (6) which 
 the owner of any premises may be liable to pay under the said Nui- 
 sances Removal Acts or this Act, either from the owner or from 
 any person who then or at any time thereafter occupies such pre- 
 mises, and such owner or occupier (c) shall be liable to pay the 
 same, and the same shall be recovered in manner authorized by 
 the Nuisance Removal Acts, and the owner shall allow such 
 occupier to deduct the sums of money which he so pays out of the 
 rent from time to time becoming due in respect of the said premises, 
 as if the same had been actually paid to such owner as part of such 
 rent : Provided always, that no such occupier should be required to 
 pay any further sum than the amount of rent for the time being due 
 from him, or which, after such demand of such costs or expenses from 
 such occupier, and after notice not to pay his landlord any rent with- 
 out first deducting the amount of such costs or expenses, becomes 
 payable by such occupier, unless he refuse, on application being 
 made to him for that purpose by or on behalf of the nuisance 
 authority, truly to disclose the amount of his rent and the name and 
 address of the person to whom such rent is payable, but the burden 
 of proof that the sum demanded from any such occupier is greater 
 than the rent due by him at the time of such notice, or which has 
 since accrued, shall lie upon such occupier ; provided also, that 
 nothing herein contained shall be taken to affect any contract made 
 or to be made between any owner or occupier of any house, building, 
 or other property whereof it is or may be agreed that the occupier 
 shall pay or discharge all rates, dues, and sums of money payable in 
 respect of such house, building, or other property, or to affect any 
 contract whatsoever between landlord or tenant. 
 
 (a) See Nuisances Removal Act, 1855, ss. 7 and 19, as to costs and 
 
 (6) The Public Health Act, 1872, section 20 (repealed by the Public 
 Health Act, 1875, except so far as relates to the metropolis) is extended to 
 the port of London, but the Lord Mayor, &c., of the city of London shall 
 be deemed to he the sanitary authority of the port of London, and shall 
 pay out of their corporate funds all their expenses as such port sanitary 
 authority. 
 
 (c) Under Nuisances Removal Act, 1855, and this Act, it was held that 
 defendant was not owner, as he did not receive the rent from the occupier, 
 Cook v. Montagu, 41 L. J. M. C. 140 ; L. R. 7 Q. B. 418. Under section 
 96 of 25 & 26 Viet. c. 102 (Metropolis Management Amendment Act, 
 1862), containing similar words, it was held that an unsatisfied judgment 
 against the owner did not bar an action against the occupier for the 
 same expenses ; Vestry o f Bermondsey v. Ramsey, L. R. 6 C. P. 247. 
 As to proceedings against the subsequent owner, see Plwnstead Board of 
 Works v. IngoUby, L, R. 8 Ex. 174,
 
 & 80 VICT. c. 90, ss. 8537. 549 
 
 PIBT HI. 
 PART III. Section 35. 
 
 Miscellaneous. 
 
 35. On application to one of Her Majesty's principal secretaries of In cities, 
 state by the nuisance authority of the city of London, or any district boroughs, or 
 or parish included within the Act for the better local government of towns, secre- 
 the metropolis, or of any municipal borough, or of any place under tary of state, 
 the Local Government Act, 1858, or any local improvement Act, or on application 
 of any city or town containing, according to the census for the time of nuisance 
 being in force, a population of not less than five thousand inhabitants, authority, 
 the secretary of state may, as he may think fit, by notice to be pub- mav empower 
 lished in the London Gazette, declare the following enactment to them * make 
 be in force in the district of such nuisance authority, and from and ^ e ^\ at . lons as 
 after the publication of such notice the nuisance authority shall be I* 
 empowered to make regulations for the following matters ; that is lses ' 
 
 to say, 
 
 1. For fixing the number of persons who may occupy a house or 
 
 part of a house which is let in lodgings or occupied by members 
 of more than one family : 
 
 2. For the registration of houses thus let or occupied in lodg- 
 
 ings : 
 
 3. For the inspection of such houses, and the keping the same in a 
 
 cleanly and wholesome state : 
 
 4. For enforcing therein the provision of privy accommoda- 
 
 tion and other appliances and means of cleanliness in 
 proportion to the number of lodgings and occupiers, and 
 the cleansing and ventilation of the common passages and 
 staircases : 
 
 5. For the cleansing and lime-whiting at stated times of such 
 
 premises : 
 
 The nuisance authority may provide for the enforcement of the 
 above regulations by penaties not exceeding forty shillings for 
 any one offence, with an additional penalty not exceeding twenty 
 shillings for every day during which a default in obeying such regu- 
 lations may continue ; but such regulations shall not be of any 
 validity unless and until they shall have been confirmed by the 
 secretary of state. 
 
 But this section shall not apply to common lodging houses within 
 the provisions of the Common Lodging Houses Act, 1851, or any Act 
 amending the same. 
 
 36. Where two convictions against the provisions of any Act Cases in 
 relating to the overcrowding of a house, or the occupation of a cellar which two 
 as a separate dwelling place, shall have taken place within the period convictions 
 of three months, whether the persons so convicted were or were not have occurred 
 the same, it shall be lawful for any two justices to direct the closing within three 
 of such premises for such time as they may deem necessary, and, in months. 
 
 the case of cellars occupied as aforesaid, to empower the nuisance 
 authority to permanently close the same, in such manner as they 
 may deem fit, at their own cost. 
 
 37. The sewer authority, or in the metropolis the nuisance Power to pro-
 
 APPENDIX. THE SANITARY ACT, 1866. 
 
 authority, may provide for the iise of the inhabitants within its 
 district hospitals or temporary places for the reception of the 
 sick. 
 
 Such authority may itself build such hospitals or places of recep- 
 tion, or make contracts for the use of any existing hospital or part of 
 a hospital, or for the temporary use of any place for the reception of 
 the sick. 
 
 It may enter into any agreement with any person or body of per- 
 sons having the management of any hospital for the reception of the 
 sick inhabitants of its district, on payment by the sewer authority of 
 such annual or other sum as may be agreed upon. 
 
 The carrying into effect this section shall in the case of a sewer 
 authority be deemed to be one of the purposes of the said Sewage 
 Utilization Act, 1865, and all the provisions of the said Act shall 
 apply accordingly. 
 
 Two or more authorities having respectively the power to provide 
 separate hospitals may combine in providing a common hospital, and 
 all expenses incurred by such authorities in providing such hospital 
 shall be deemed to be expenses incurred by them respectively in 
 carrying into effect the purposes of this Act. 
 
 38. Any person suffering from any dangerous infectious disorder 
 who wilfully exposes himself, without proper precaution against 
 spreading the said disorder, in any street, public place, or public 
 conveyance, and any person in charge (b) of one so suffering who 
 so exposes the sufferer, and any owner or driver of a public convey- 
 ance who does not immediately provide for the disinfection of his 
 conveyance after it has, with the knowledge of such owner or driver, 
 conveyed any such, sufferer, and any person who without previous 
 disinfection gives, lends, sells, transmits, or exposes any bedding, 
 clothing, rags, or other things which have been exposed to infection 
 from such disorders (c), shall, on conviction of such offence before 
 any justice, be liable to a penalty not exceeding five pounds : Pro- 
 vided that no proceedings under this section shall be taken against 
 persons transmitting with proper precautions any such bedding 
 
 (a) By 31 & 32 Viet. c. 115, s. 10, the nuisance authority in the metro- 
 polis shall have the like power as contained in this section, for the tempo- 
 rary supply of medicine and medical assistance for the poorer inhabitants; 
 but such power shall not be exercised without sanction of the privy 
 council. 
 
 (b) See Tunbridge Wells Local Board of Health v. Sisshopp, L. E. 2 
 C. P. D. 187, as to circumstances under which a surgeon was held not 
 liable to a penalty under section 126 of Public Health Act, 1875, as being 
 in charge of and exposing a person suffering from au infectious disorder ; 
 see Best v. Staff, Q. B. M. T. 1872, referred to in Lumley's Public Health 
 Act, 1875, p. 105, note (n), where a person knowingly took a child recover- 
 ing from small pox to a lodging at the sea side without communicating the 
 fact. 
 
 It is an indictable offence to expose unnecessarily, persons affected with 
 the small pox in the public streets ; S. v. Burnett, 4 M. & S. 272 ; E. v. 
 Vantandillo, 4 M. & S. 73 ; referred to in Lumley's Public Health Act, 
 1875, p. 105, note (). 
 
 (c) By the Sanitary Law Amendment Act, 1874, section 52, the 51st 
 and 52nd sections of the Public Health Act, 1872, shall apply to the metro- 
 polis. The sections provide for the destruction of bedding, clothing, &c., 
 which have been exposed to infection from any dangerous infectious dis- 
 order.
 
 29 & 30 VICT. c. 90, ss. 3844. 55 j 
 
 clothing, rags, or other things for the purpose of having the same PABT III. 
 
 disinfected. _ 
 
 Section 38. 
 
 39. If any person knowingly lets any house, room, or part of a PenaltTon 
 
 house in which any person suffering from any dangerous infec- persons letting 
 
 tious disorder has been to any other person without having such houses in 
 
 house, room, or part of a house, and all articles therein liable to which in- 
 
 retain infection, disinfected to the satisfaction of a qualified medical fected persons 
 
 practitioner as testified by a certificate given by him, such person have been 
 
 shall be liable to a penalty not exceeding twenty pounds. For the lodging- 
 purposes of this section the keeper of an inn shall be deemed to let 
 part of a house to any person admitted as a guest into such inn. 
 
 40. Where in any place two or more boards of guardians or local 
 authorities have jurisdiction, the privy council may, by any order 
 
 made under the Diseases Prevention Act, 1855, authorize or require ?\ , 
 such boards to act together for the purposes of that Act, and may authrit 
 prescribe the mode of such joint action and of defraying the costs f or executing 
 thereof - Diseases 
 
 Prevention 
 
 41. In any proceedings under the Common Lodging Houses Act, Act. 
 1851, if the inmates of any house or part of a house allege that they Evidence of 
 are members of the same family, the burden of proving such allega- f am ii y i n 
 tion shall lie on the persons making it. case of 
 
 overcrowded 
 
 42. The sixty-seventh section of the Public Health Act, 1848, houses. 
 relating to cellar dwellings, shall apply to every place in England Extension to 
 and Ireland where such dwellings are not regulated by any other the whole of 
 Act of parliament, and in applying that section to places where England and 
 it is not in force at the time of the passing of this Act the expression Ireland of 
 
 " this Act " shall be construed to mean the " Sanitary Act, 1866," section 67 of 
 and not the said Public Health Act, 1848. In construing the said H & 12 Viet. 
 sixty-seventh section as applied by this Act nuisance authority shall c - 63 (d). 
 be substituted for the local board. 
 
 43. Local boards acting in execution of the local government Act, Local board in 
 1858, may adopt the Act to Encourage the Establishment of Public certain cases 
 Baths and Washhouses, and any Act amending the same, for districts ma J adopt 
 
 in which those Acts are not already in force, and when they have Baths and 
 adopted the said Acts they shall have all the powers, duties, and Washhouses 
 rights of commissioners under the said Acts ; and all expenses in- Acts< 
 curred by any local board in carrying into execution the Acts referred 
 to in this section shall be defrayed out of the general district rates, 
 and all receipts by them under the said Acts shall be carried to the 
 district fund account. 
 
 44. When the district of a burial board is conterminous with Power to 
 the district of a local board of health, the burial board may, by burial boai 
 resolution of the vestry, and by agreement of the burial board in certain 
 
 (d) See Metropolis Management Act, 1855, section 103, ante, as to cellar- 
 dwellings. The Public Health Act, 1875, repealed the Public Health Act, 
 1848, and by section 71 of the Act of 1875, " it shall not be lawful to 
 let or occupy or suffer to be occupied separately as a dwelling any cellar 
 (including, for the purposes of this Act, in that expression any vault, or 
 underground room) built or rebuilt after the passing of this Act, or which 
 is not lawfully so let or occupied at the time of the passing of this Act."
 
 APPENDIX THE SANITARY ACT, 1866. 
 
 and local board, transfer to the local board all their estate, pro- 
 perty, rights, powers, duties, and liabilities, and from and after 
 such transfer the local board shall have all such estate, property, 
 rights, powers, duties, and liabilities as if the local board had been 
 appointed a burial board by order in council under the fourth sec- 
 tion of the Act of the session of the twentieth and twenty-first years 
 of the reign of Her present Majesty, chapter eighty-one. 
 
 Penalty for 45. If any person wilfully damages any works or property belong, 
 
 wilful damage ing to any local board, sewer authority, or nuisance authority, he 
 of works. shall be liable to a penalty not exceeding five pounds. 
 
 Incorporation 46. The following bodies, that is to say, local boards, sewer 
 of sanitary authorities, and nuisance authorities, if not already incorporated, 
 shall respectively be bodies corporate designated by such names as 
 
 652 
 
 PAET III. 
 Section 44. 
 
 cases to 
 transfer their 
 powers to 
 local board. 
 
 authorities 
 (a). 
 
 Extent of 
 authority to 
 make provi- 
 sional orders 
 respecting 
 lands under 
 sect. 75 of 21 
 & 22 Viet, 
 s. 98. 
 
 Appearance 
 of local au- 
 thorities in 
 legal pro- 
 ceedings (J). 
 
 Mode of pro- 
 
 they may usually bear or adopt, with power to sue and be sued in 
 such names, and to hold lands for the purposes of the several 
 Acts conferring powers on such bodies respectively in their several 
 characters of local boards, sewer authorities, or nuisance autho- 
 rities. 
 
 47. The authority conferred on one of Her Majesty's principal 
 secretaries of state by section seventy -five of the Local Government 
 Act, 1858, to empower by provisional order a local board to put in 
 force, with reference to the land referred to in such order, the powers 
 of the Land Clauses Consolidation Act, 1845, with respect to the 
 purchase and taking of lands otherwise than by agreement, shall 
 extend and apply and shall be deemed to have always extended and 
 applied to every case in which, by the Public Health Act, 1848, and 
 tne Local Government Act, 1858, or either of them, or any Act 
 extending or amending those Acts, or either of them, a local 
 board are authorized to purchase, provide, use, or take lands or 
 premises for any of the purposes of the said Acts, or either of 
 them, or of any such Act as aforesaid ; and sections seventy -three 
 and eighty-four of the Public Health Act, 1848, shall be construed 
 as if the words " by agreement " therein respectively used had been 
 expressly repealed by section seventy-five of the Local Government 
 Act, 1858. 
 
 48. Any local board, sewer authority, or nuisance authority may 
 appear before any justice or justices, or in any legal proceeding, 
 by its clerk or by any officer or member authorized generally or 
 in respect of any special proceeding by resolution of such board 
 or authority, and such person being so authorized shall be at liberty 
 to institute and carry on any proceeding which the nuisance authority 
 is authorized to institute and carry on under the Nuisance Removal 
 Acts or this Act. 
 
 49. Where complaint is made to one of Her Majesty's principa 
 
 (a) By the Metropolis Local Management Act, 1855, section 134, ante, 
 vestries and district boards are to be the local authorities to execute the 
 Nuisances Removal Acts. 
 
 (J) On complaint to justices for infringement of a byelaw of a local 
 board, held they were not bound to adjudicate, unless the clerk of the board 
 attended either personally, or by counsel or attorney ; ex parte Leamington 
 26 J. P. 84.
 
 29 & 30 VICT. c. 90, ss. 4951. 553 
 
 secretaries of state that a sewer authority or local board of health has PAST III. 
 made default in providing its district with sufficient sewers, or in the _ - 
 maintenance of existing sewers, or in providing its district with a Section 49. 
 supply of water in cases where danger arises to the health of the Ceding where 
 inhabitants from the insufficiency or unwholesomeness of the existing se wer au- 
 supply of water, and a proper supply can be got at a reasonable cost, thority has 
 or that a nuisance authority has made default in enforcing the pro- made default 
 visions of the Nuisance Eemoval Acts (d), or that a local board has in providing 
 made default in enforcing the provisions of the Local Government sufficient 
 Act, the said secretary of state, if satisfied after due inquiry made sewers, 
 by him that the authority has been guilty of the alleged default, &c. (e). 
 shall make an order limiting a time for the performance of its duty 
 in the matter of such complaint (e), and if such duty is not performed 
 by the time limited in the order, the said secretary of state shall 
 appoint some person to perform the same, and shall by order direct 
 that the expenses (/) of performing the same, together with a reason- 
 able remuneration to the person appointed for superintending such 
 performance, and amounting to a sum specified in the order, together 
 with the costs of the proceedings, shall be paid by the authority in 
 default ; and any order made for the payment of such costs and 
 expenses may be removed into the court of Queen's Bench, and 
 be enforced in the same manner as if the same were an order of 
 such court. 
 
 50. All expenses incurred by a sewers authority or local board in Recovery of 
 giving a supply of water to premises under the provisions of the certain ex- 
 seventy-sixth section of the Public Health Act, 1848, or the fifty- pensesof 
 first section of the Local Government Act, 1858, and recoverable water supply, 
 from the owners of the premises supplied, may be recovered in a 
 summary manner. 
 
 51. All penalties imposed by the Act of the sixth year of King Power to re- 
 George the fourth, chapter seventy-eight, intituled " An Act to re- duce penalties 
 peal the several Laws relating to quarantine, and to make other pro- imposed by 
 visions in lieu thereof," may be reduced by the justices or court 6 Geo. 4, 
 having jurisdiction in respect of such penalties to such sum as the c - 78. 
 justices or court think just. 
 
 (c) An order under this enactment, requires the sewer authority to com- 
 mence the works within a stated period, and a subsequent order reciting 
 default and appointing a person to do the work, was held to be valid, It. v. 
 CocJcerell, L. K. 6 Q. B. 252 ; 40 L. J. M. C. 153. 
 
 (d) By the Sanitary Act, 1868, 31 & 32 Viet. c. 115, s. 8, it is provided 
 that the sum specified in the order of the secretary of state, together with 
 costs of proceedings, shall be deemed to be expenses incurred by the autho- 
 rity in default, and to be a debt due from such authority ; and see enact* 
 ment, post. 
 
 By the Sanitary Loans Act, 1869, the public works loan commissioners 
 may advance money to secretary of state for purpose of defraying any 
 expenses incurred in the performance of the duty of a defaulting local 
 authority ; see note to section 8 of Sanitary Act, 1868, post. 
 
 (e) By Public Health Act, 1875, section 299, where a local government 
 board have made an order under this section, the order may be enforced by 
 mandamus notwithstanding the provision for the performance of the duty, 
 in the event of the continued default of sanitary authority. 
 
 (/) The corresponding section of the Public Health Act, 1875 (s. 299), 
 empowers the local government board to enforce their order by 
 or by the appointment of a person to perform the duty.
 
 654 
 
 Part III. 
 
 Section 51. 
 
 Description of 
 vessels within 
 provisions of 
 6 Geo. 4, c. 
 78 (a). 
 
 Periodical re- 
 moval of 
 manure in 
 mews, &c. 
 
 Recovery of 
 penalties. 
 
 APPENDIX. THE SANITARY ACT, 1866. 
 
 52. Every vessel having on board any person affected with a 
 dangerous or infectious disorder shall be deemed to be within the 
 provisions of the Act of the sixth year of King George the Fourth, 
 chapter seventy-eight, although such vessel has not commenced her 
 voyage, or has come from or is bound for some place in the United 
 Kingdom ; and the lords and others of Her Majesty's most honour- 
 able privy council, or any three or more of them (the lord president 
 of the council or one of Her Majesty's principal secretaries of state 
 being one), may, by order or orders to be by them from time to time 
 made, make such rules, orders, and regulations as to them shall seem 
 fit, and every such order shall be certified under the hand of the 
 clerk in ordinary of Her Majesty's privy council, and shall be pub- 
 lished in the London Ga/ette, and such publication shall be conclu- 
 sive evidence of such order (b) to all intents and purposes ; and such 
 orders shall be binding and be carried into effect as soon as the same 
 shall have been so published, or at such other time as shall be fixed 
 by such orders, with a view to the treatment of persons affected with 
 cholera and epidemic, endemic, and contagious disease, and prevent- 
 ing the spread of cholera and such other diseases as well on the seas, 
 rivers and waters of the United Kingdom, and on the high seas 
 within three miles of the coasts thereof, as on land ; and to declare 
 and determine by Avhat nuisance authority or authorities such orders, 
 rules, and regulations shall be enforced and executed ; and any ex- 
 penses incurred by any such nuisance authority or authorities shall 
 be deemed to be expenses incurred by it or them in carrying into 
 effect the Nuisances Removal Acts. 
 
 53. Where notice has been given by the nuisance authority, or 
 their officer or officers, for the periodical removal of manure or other 
 refuse matter from mews, stables, or other premises (whether such 
 notice shall be by public announcement in the locality or otherwise), 
 and subsequent to such notice the person or persons to whom the 
 manure or other refuse matter belongs shall not so remove the same, 
 or shall permit a further accumulation, and shall not continue such 
 periodical removal at such intervals as the nuisance authority, or 
 their officer or officers, shall direct, he or they shall be liable, with- 
 out further notice, to a penalty of twenty shillings per day for every 
 day during which such manure or other refuse matter shall be per- 
 mitted to accumulate, such penalty to be recovered in a summary 
 manner : Provided always, that this section shall not apply to any 
 place where the board of guardians or overseers of the poor are the 
 nuisance authority. 
 
 54. Penalties under this Act, and expenses directed to be recovered 
 in a summary manner, may be recovered before two justices in man- 
 ner directed by an Act passed in the session holden in the eleventh 
 and twelfth years of the reign of Her Majesty Queen Victoria, chap- 
 ter forty-three, intituled " An Act to facilitate the performance of 
 the Duties of Justices of the Peace out of Sessions within England 
 
 (a) This provision is re-enacted in the third part of Sched. 5 to the Public 
 Health Act, 1875, which repeals this Act to the extent specified in Part I. 
 of same schedule, except so far as relates to the metropolis. 
 
 By the Public Health Act, 1875, section 291, the Corporation of London 
 are the Port Sanitary Authorities for the city of London. 
 
 (b) Qucere, whether these rules and regulations are still in force : see 
 Lumley's Public Health Act, 1875, p. 108, note (i).
 
 29 & 30 VICT. c. 90, ss. 54, 55. 655 
 
 and Wales with respect to Summary Convictions and Orders," or any Part HI. 
 Act amending the same. ~ - 4 
 
 55. All powers given by this Act shall be deemed to be in addition Powers of 
 to and not in derogation of any other powers conferred on any local Act cumula- 
 authority by Act of parliament, law, or custom, and such authority tive. 
 may exercise such other powers in the same manner as if this Act 
 had not passed (c). 
 
 SECOND SCHEDULE. 
 
 Statutes Repealed. 
 
 Local Boards of Health Act for Ireland, 1818 ; statute 58 Geo. 3, 
 c. 47, ss. 10 to 15 inclusive. 
 
 Officers of Health Act for Ireland, 1819 ; statute 59 Geo. 3, c. 41. 
 
 Nitisance Eemoval and Disease Prevention Act, 1848. 
 
 Nuisance Removal and Disease Prevention Act, 1849. 
 
 (c) The 4th part of the Act, except the second schedule, applies ex- 
 clusively to Ireland.
 
 AN ACT 
 
 TO AMEND THE SANITARY ACT, 1866 (a). 
 31 & 32 VICT. CAP. 115. 
 
 31ST JULY, 1868. 
 
 WHEREAS it is expedient to make further provision for the removal 
 on r on IT- 4. f refuse matter irom dwelling-houses, and to amend the Sanitary 
 
 c 90. Act) 1866: ~ 
 
 Be it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the authority 
 of the same, as follows : 
 
 Short title. 
 
 Application of 
 Act. 
 
 Definition of 
 " sewer autho- 
 rity." 
 Power to 
 sewer autho- 
 rity in relation 
 to privies. 
 
 1. This Act may be cited for all purposes as the Sanitary Act, 
 1868. 
 
 2. This Act shall not extend to Scotland or Ireland. 
 
 3. " Sewer authority in this Act shall have the same meaning as 
 it has in the Sewage Utilization Act, 1865. 
 
 4. The following sections of the Public Health Act, 1848, as 
 amended by any subsequent Act of parliament, that is to say. 
 
 (1.) The fifty-first section, requiring every new house and every 
 house pulled down to or below the ground floor and re- 
 built to have a sufficient watercloset or privy and ashpit : 
 (2.) And the fifty-fourth section as amended by any subsequent 
 Act of parliament, providing that the local board of health 
 shall see that drains, waterclosets, privies, and ashpits 
 within their district do not become a nuisance ; 
 shall extend to the district of every sewer authority in which there 
 is no enactment of any public or private Act of parliament to the 
 like effect in force ; and the said sections when so extended shall be 
 construed in reference to the district of any sewer authority as if 
 the expression " sewer authority " Avere inserted therein in the place 
 of the expression " local board," and any officer for the time being 
 appointed by the sewer authority to examine any premises shall 
 
 (a) This Act is repealed by the Public Health Act, 1875, Sched. 5 
 Part I., except so far as relates to the metropolis.
 
 31 & 32 VICT. c. 115, ss. 47. (557 
 
 be deemed to be the surveyor within the meantng of the said Section 4 
 sections. 
 
 _Where the sewer authority and the nuisance authority of a dis- 
 trict are different bodies of men, the jurisdiction of the nuisance 
 authority shall cease within such district in relation to all matters 
 within the purview of the said sections of the Public Health Act, 
 1848 ; and any sewer authority to whose district the said sections are 
 extended making default in enforcing their provisions shall be sub- 
 ject to proceedings under the Sanitary Act, 1866, in the same manner 
 as if it had made default in providing its district with sufficient 
 sewers. 
 
 5. A sewer authority shall within their district have all the powers Power of 
 vested in a local board by the thirty-second section of the Local sewer uutho- 
 Government Act, 1858, as amended by any subsequent Act of parlia- rities to 
 ment, so far as relates to sewerage. 
 
 (1.) The removal of house refuse from premises ; 
 
 (2.) The cleansing of privies, ashpits, and cesspools ; 
 and the paragraphs numbered (1), (2), and (3) of the said section 
 shall be construed in reference to the district of any sewer authority 
 as if the expression "sewer authority " were inserted therein in the 
 place of the expression " local board." 
 
 Where the sewer authority and the nuisance authority are diffe- 
 rent bodies of men, the jurisdiction of the nuisance authority in such 
 district shall cease in respect to all matters over which the sewer 
 authority acquires power by this section. 
 
 6. The provisions of the Public Health Act, 1848, relating to Incorporation 
 private improvement expenses, as amended by any subsequent of provisions 
 Act of parliament, shall be deemed to be incorporated with this Act, of 11 & 12 
 
 so far as may be required for carrying into effect any provision of Viet. c. 63, as 
 this Act. to private im- 
 
 provement ex- 
 
 7. Any enactment of any Act of parliament in force in any place P cns cs. 
 requiring the construction of a watercloset shall, with the approval Earthclosets 
 of the local authority, be satisfied by the construction of an earth- may in certain 
 closet, or other place for the reception and deodorization of foocal cases be con- 
 matter, made and used in accordance with any regulation from time structed in- 
 to time issued by the local authority. stead of watcr- 
 
 The local authority may as respects any houses in which such c l se ts. 
 earthclosets or other places as aforesaid are in use with their approval, 
 dispense with the supply of water required by any contract or enact- 
 ment to be furnished to the waterclosets in such houses, on such 
 terms as may be agreed upon between such authority and the persons 
 or body of persons providing or required to provide such supply of 
 water. 
 
 The local authority may themselves undertake or contract with 
 any person to undertake a supply of dry earth or other deodorizing 
 substance to any house or houses within their district for the purpose 
 of any earthclosets or other places as aforesaid. 
 
 The local authority may themselves construct or require to be 
 constructed earthclosets or other such places as aforesaid in all cases 
 where, under any enactment in force, they might construct water- 
 closets or privies, or require the same to be constructed, with this 
 restriction, that no person shall be required to construct an earth- 
 closet or other place, as aforesaid in any house instead of a water- 
 closet if he prefer to comply with the provisions of the enactment 
 in force requiring the construction of a watercloset, and a supply of 
 2 u
 
 658 
 
 Section 7. 
 
 Provision for 
 recovery of 
 expenses by 
 secretary of 
 state (a). 
 
 APPENDIX THE SANITARY ACT, 1868. 
 
 water for other purposes is furnished to such house, and that no per- 
 son shall be put to greater expense in constructing an earthcloset or 
 other place as aforesaid than lie would be put to by compliance with 
 the provisions of any enactment as to waterclosets or privy accommo- 
 dation which he might have been compelled to comply with if this 
 section had not been passed. 
 
 Local authority shall, for the purposes of this Act, mean any 
 local board and any sewer authority. 
 
 8. Whereas by the forty -ninth section of the Sanitary Act, 1866, 
 power is given to one of her Majesty's principal secretaries of state 
 in case of any sewer authority, local board, or nuisance authority 
 making default in performing the sanitary duties specified in the said 
 section, and imposed on them by Act of parliament, to appoint a 
 person to perform the same, and to direct by order that the expenses 
 of performing the same, together with a reasonable remuneration to 
 the person appointed for superintending such performance, and 
 amounting to a sum specified in the order, together with the costs 
 of the proceedings, shall be paid by the authority in default, and 
 that any order made for the payment of such costs and expenses 
 may be removed into the Court of Queen's Bench, and be enforced 
 in the same manner as if the same were an order of such court : 
 And whereas it is expedient to make further provision for enforcing 
 payment of any sum so specified as aforesaid in the order of the 
 secretary of state, together with the costs of the proceedings occa- 
 sioned by the default made in payment of such sum : 
 
 Be it enacted, that the sum so specified in the order of the secre- 
 tary of state, . together with the costs of the proceedings, shall be 
 deemed to be expenses properly incurred by the authority in default 
 
 (a) By 32 & 33 Viet. c. 100 (repealed except as to the metropolis), the 
 secretary of state is empowered from time to time to certify under his hand, 
 the amount of expenses incurred, or an estimate of the expense about to be 
 incurred by any person appointed by him for the purpose of performing the 
 duty of a defaulting local authority. Also the amount of any loan re- 
 quired for either of the purposes herein mentioned, and such certificate 
 shall be conclusive as to the matters to which it refers. 
 
 Section 5. Public works loans commissioners may advance to the secre- 
 tary of state, or any person appointed by him, the amount of the loan so 
 certified, and the secretary of state, or the person so appointed, may, by 
 instrument under his hand, charge the local rate with the repayment of the 
 principal and interest in respect of such loan. Certificate of secretary of 
 state conclusive evidence that all the requirements of the 49th section of 
 the Sanitary Act, 1866, and any other enactment relating thereto, have been 
 complied with. 
 
 Section 6. Principal money and interest may he enforced in addition to 
 other remedies, in manner provided by 8th section of Sanitary Act, 1868. 
 
 Section 7. Overplus (if any) to be paid to the defaulting authority. 
 
 Section 8. Secretary of state may change person appointed in default of 
 local authority. 
 
 Section 9. As to costs of inquiries or proceedings. 
 
 Section 10. Definition of expenses. 
 
 By 33 & 34 Viet. c. 53 (Sanitary Act, 1870), section 2 : For purposes 
 of 26th section of Sanitary Act, 1866, every hospital or place for the re- 
 ception of sick within the metropolis deemed to be within the district of 
 every nuisance authority in the metropolis. 
 
 See Public Health Act, 1872, s. 34, as to transfer of certain powers and 
 duties of secretary of state to local government board. This act is re- 
 pealed by the Public Health Act, 1875, but this (the 34th) section is re- 
 enacted by the same act, section 343, and sched. 5, part 3.
 
 31 & 32 VICT. c. 115, ss. 811. 559 
 
 and to be a debt due from such authority, and payable out of any Section 8 
 moneys in the hands of such authority or their officers, or out of any 
 rate applicable to the payment of any expenses properly incurred by 
 the defaulting authority, and which rate is in this section referred to 
 as the local rate ; and in the event of any authority refusing to pay 
 any such sum with costs as aforesaid within a period of fourteen days 
 after demand, the secretary of state may by precept empower any 
 person to levy by and out of the local rate such sum (the amount to 
 be specified in the precept) as may, in the opinion of the said secre- 
 tary of state, be sufficient to defray the debt so due from the default- 
 ing authority, and all expenses incurred in consequence of the non- 
 payment of such debt ; and any person or persons so empowered 
 shall have the same powers of levying the local rate, and requiring 
 all officers of the defaulting authority to pay over any moneys in 
 their hands, as the defaulting authority itself would have in the case 
 of expenses legally payable out of a local rate to be raised by such 
 authority ; and the said person or persons, after repaying all sums of 
 money so due in respect of the precept, shall pay the overplus, if 
 any (the amount to be ascertained by the secretary of state), to or to 
 the order of the defaulting authority. 
 
 9. Penalties under any section incorporated with this Act shall be As to recovery 
 recovered in manner directed by the Act passed in the session holden of penalties, 
 in the eleventh and twelfth years of the reign of her present Majesty, 
 
 chapter forty-three. 
 
 All powers conferred by this Act shall be deemed to be in addition 
 to and not in derogation of any other powers conferred by any other 
 Act of parliament, and any such other powers may be exercised as 
 if this Act had not passed. 
 
 Nothing in this Act contained shall be deemed to exempt any 
 person from any penalty to which he would have been liable if this 
 Act had not been passed. 
 
 in pursuance of this Act shall for the same offence be liable to a 
 penalty under any other Act. 
 
 10. The sewer authority, or in the metropolis the nuisance autho- Amendment 
 rity, shall have the like power to make provision for the temporary of section 37 
 supply of medicine and medical assistance for the poorer inhabitants * ^9 & 30 
 as it now has to provide hospitals or temporary places for the recep- 1C '* c< *** 
 tion of the sick under the thirty-seventh section of the Sanitary 
 
 Act, 1866, but such power to make provision for the temporary 
 supply of medicine and medical assistance shall not be exercised 
 without the sanction of Her Majesty's privy council. 
 
 11 In the construction of the first part of the Sanitary Act, 1866, Construction 
 
 " owner" shall have the same meaning as it has in the second part of first . part 
 
 of the said Act ; and notices may be served for the purposes of the Sani ^. r y 
 
 first part of the said Act in the same manner in which they are re- Act 186b< 
 quired to be served under the second part of the said Act. 
 
 2u2
 
 AN ACT 
 
 TO AMEND AND EXTEND THE SANITARY LAWS. 
 37 & 38 VICT. CAP. 89. 
 
 ?TH AUGUST, 1874. 
 
 WHEREAS it is expedien that the Sanitaiy Acts should be explained 
 and amended, and that sundry other provisions should be made to 
 extend the same: 
 
 Be it therefore enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the lords spiritual and temporal, 
 and commons, in this present parliament assembled, and by the 
 authority of the same, as follows : 
 
 Miscellaneous Sanitary provisions. 
 
 Provision for 50 (a). If it shall be represented to any nuisance authority in the 
 polluted water metropolis or to any sanitary authority that within their district the 
 in wells and -water in any well, tank, or cistern, public or private, or supplied 
 pumps. from any public pump, and used or likely to be used for domestic 
 
 purposes, is so polluted as to be injurious to health, such authority 
 may apply to any justices having jurisdiction within their district, 
 in petty sessions assembled, for an order to remedy the same, and 
 thereupon such justices shall summon the person occupying the pre- 
 mises to which the well, tank, or cistern belongs, if it be private, 
 and as regards any public well, tank, or cistern, or pump, such other 
 person as shall be alleged in the application to be interested in the 
 same, and .shall either dismiss the application or make such an order 
 in the case, by directing the well, tank, or cistern, or pump to be 
 permanently or temporarily closed, or the water to be used for 
 certain purposes only, or providing otherwise, as shall appear to them 
 .to be requisite to prevent injury to the health of persons drinking 
 the water. 
 
 For the purposes of such inquiry, the said justices may cause 
 
 the water to be analysed at the cost of the sanitary authority applying. 
 
 And all the expenses incurred by such authority in and about the 
 
 procuring of this order, and in carrying it into execution, shall be 
 
 charged upon the funds applicable to their general expenditure, but 
 
 (a) The previous sections do not apply to the metropolis. This act is 
 repealed by the Public Health Act (1875), except as to the metropolis or 
 inetropolitan police district.
 
 37 & 38 VICT. c. 89, ss. 5055. 
 
 in the case of a rural sanitary authority, shall be deemed to be Section 50 
 special expenses within the meaning of the Sanitary Acts. 
 
 Provided that where the order is made in respect of any private 
 well, tank, or cistern, any person aggrieved thereby may appeal 
 against the same in the manner provided by the one hundred and 
 thirty-fifth section of the Public Health Act, 1848, and with the 
 same incidents and consequences. 
 
 Where the justices dismiss the application, they may, if they think 
 fit, award such costs to the person summoned as to them shall appear 
 to be reasonable. 
 
 51. For the purposes of the twenty-sixth section of the Sanitary Hospital when 
 Act, 1866, every hospital or place foi the reception of the sick which to be deemed 
 shall be declared by an order of the local government board to be within dis- 
 situated within a convenient distance of the district of any authority, trict - 
 
 for the purposes of that section shall be deemed to be within the 
 district of such authority. 
 
 Where a justice shall make an order under that section for the re- Provision for 
 
 moval of a sick person to a hospital or other place, he shall address it the execution 
 
 to such police or other officer as he shall consider expedient ; and of order of a 
 
 every person wilfully disobeying the order, or obstructing the execti- justice re- 
 
 tion of the same, shall be guilty of an offence punishable on sum- moving sick 
 
 mary conviction before two justices, and be liable to a penalty not person to a 
 
 exceeding ten pounds. hospital. 
 
 52. The fifty-first and fifty-second sections of the principal Act Extension of 
 .shall apply to the metropolis, and the local authorities empowered to 35 & 36 Viet. 
 execute the Nuisance Eemoval Acts in the metropolis and in the city c - ? d > ss - 51 
 of London respectively shall be deemed to be sanitary authorities 52> to the 
 within the operation of the said fifty-first section, and 'shall be em- metropolis. 
 powered to pay the expenses to be incurred by them iinder those 
 
 sections out of their general rate. 
 
 53. The right of complaint given by the thirteenth section of the Extension of 
 twenty-third and twenty-fourth years of the reign of her Majesty, right of corn- 
 chapter seventy-seven, shall extend to nuisances in any parish or plaint under 
 place, whether on private or public premises, and may be exercised Nuisances 
 
 by any inhabitant in such parish or place, or by any owner of premises Rem <>val Acts. 
 situated therein, or by any other person aggrieved or injuriously 
 affected thereby. 
 
 54. The second section of the Nuisances Removal Act for England ^provisions 
 (Amendment) Act, 1863, shall extend to milk in the same manner as ^^^ ^J 
 
 if that word had been introduced after the word ' flour ' wherever mova i ^ c ^ f or 
 the word ' flour ' occurs in the said section ; and the justice who 
 
 under the said section is empowered to convict the offender therein (Amendment) 
 described may be other than the justice who may have ordered the Act, 1863, ex- 
 article to be disposed of or destroyed. tended. 
 
 55. On complaint made by a medical officer of health or by any Warrant may 
 inspector or other officer of a nuisance authority in the metropolis, b e granted by 
 or of any sanitary authority upon oath, any justice may grant a a justice to 
 warrant to any such officer to enter any building or part of a build- search for nn- 
 ing or other place in which the complainant has reasonable ground sound food. 
 for believing that any animal, carcase, meat, poultry, game, fish, 
 fruit, vegetables, corn, bread, flour, milk, intended for sale for the 
 food of man, which is so diseased, unsound, or unwholesome as to 
 be unfit for the food of man, is kept or concealed, and to search for, 
 seize, and carry away any such animal, carcase, meat, poultry, game,
 
 662 
 
 Section 55. 
 
 Penalty on 
 false repre- 
 sentations 
 with respect 
 to infectious 
 disease. 
 
 Interpreta- 
 tion of words. 
 
 Extent of Act. 
 Title of Act. 
 
 APPENDIX, THE SANITARY LAW AMENDMENT ACT, 1874. 
 
 fish, fruit, vegetables, corn, bread, flour, or milk, in order to have the 
 sarae dealt with in manner provided by law ; and any person ob- 
 structing any such officer in performance of any duty under this sec- 
 tion shall, in addition to any other punishment to which he may be 
 subject, be liable to a penalty not exceeding twenty pounds. 
 
 56. If any owner or occupier or person employed to let for hire, 
 or to show for the purposes of letting for hire, any house or part of a 
 house, when questioned by any person negotiating for the hire of sucli 
 liouse or part of a house as to the fact of there being in such house, 
 or having within six weeks previously been therein, any person 
 suffering from an infectious, contagious, or epidemic disease, Know- 
 ingly makes a false answer to such question, the person so answering 
 falsely shall be guilty of an offence punishable on summary con- 
 viction, and, at the discretion of the justices having cognizance of the 
 case, be liable to be imprisoned, with or without hard labour, for a 
 period not exceeding one month, or to pay a penalty not exceeding 
 twenty pounds. 
 
 Interpretation of Words. 
 
 57. All the words used in this Act shall have the same meaning as 
 assigned to them in the Sanitary Acts as denned by the principal 
 Act ; and all the provisions of the Sanitary Acts shall apply to this 
 Act, except so far as they shall be repealed hereby, or shall be incon- 
 sistent with anything herein contained. 
 
 Provided that all rights, powers, and authorities saved by any of 
 the said Acts, and not transferred or expressly repealed by this Act, 
 and all enactments incidental to such rights, powers, and authorities, 
 shall be and remain in full force and validity. 
 
 The term " sanitary authority " used in the forty-first and forty- 
 second sections of the Public Health Act, 1872, shall be held to in- 
 clude a local board of health constituted for the purposes of main 
 sewerage only ; and the term " consent " used in the twenty-fifth sec- 
 tion of the said Act shall be deemed to apply and to have applied 
 to a consent given either before or after the passing of the resolution 
 for the adoption of the Acts or for the constitution of the district 
 therein referred to. 
 
 58. This Act shall not apply to Scotland or Ireland. 
 
 59. This Act may be cited as the Sanitary Law Amendment Act, 
 1874.
 
 AN ACT 
 
 FOR BETTER PAVING, IMPROVING, AND REGULATING 
 THE STREETS OF THE METROPOLIS, AND REMOVING 
 AND PREVENTING NUISANCES AND OBSTRUCTIONS 
 THEREIN (a). 
 
 57 GEO. III. CAP. 29. 
 16-TH JUNE, 1817. 
 
 WHEREAS many of the streets and public places within that part of 
 the metropolis which is situate within the weekly bills of mortality, 
 and the parishes of Saint Pancras and Saint Marylebone, in the county 
 of Middlesex, are divided into parochial and other districts, and are 
 paved and repaired and regulated, and obstructions and nuisances 
 therein are removed, under the direction of certain commissioners or 
 trustees, or other persons appointed to superintend and regulate the 
 same in each of such parochial or other districts, by virtue of certain 
 local Acts of parliament ; and the pavements of many of such streets 
 and public places are often in a state dangerous to passengers, and 
 frequently contain nuisances and obstructions which are offensive or 
 injurious : And whereas it would materially tend to the remedying of 
 such defects in the pavements, and such nuisances, if more summary 
 means of compelling the speedy reparation of the pavements of such 
 streets and public places, and of enforcing due regulations as to the 
 various water and gas companies and commissioners of sewers, by whom 
 the pavements of such streets and public places have been frequently 
 
 (a) By the 73rd section of 25 & 26 Viet. c. 102, p. 201, ante, the powers 
 of improving and regulating streets, and for the suppression of nuisances 
 contained in this Act, shall, so far as the same is in force and is not incon- 
 sistent with the provisions of the therein recited Acts and that Act, extend 
 to the metropolis, including any unpaved streets, notwithstanding any ex- 
 ception therein contained. See note to 25 & 26 Viet. c. 102, s. 73, ante. 
 This Act did not empower commissioners acting under it to take under their 
 jurisdiction footpaths at the side of a turnpike road ; Loveridge v. Hodsoll, 2 
 B. & Ad. 602, or to enter private property, such as Ely Place, Holborn ; 
 Paul v. James, 1 Ga. & Dav. 316. As to the construction of this Act, see 
 Bouverie v. Miles, 1 B. & Ad. 38 ; Loveridge \. Hodsoll, supra ; Baddeley 
 v. Oingell, 1 Ex. 319 ; Sums v. Carter, 5 Bing. 429 ; Curling \. Johnson, 
 3 Moore & Sc. 498. The 12th section of 5 & 6 Will. 4, c. 50 (Highway Act, 
 1835), enacts that nothing in that Act shall be construed to abridge, repeal, 
 alter, amend, or interfere with the powers and provisions contained in this 
 Aet.
 
 064 
 Section 5. 
 
 Act to ex- 
 tend to all 
 streets 
 within the 
 metropolis 
 and the bills 
 of mortality, 
 and Pan eras 
 and Mary- 
 lebone. 
 
 Certain 
 house- 
 krepers in 
 any part of 
 the metro- 
 polis may 
 give notice 
 to surveyors 
 of any dan- 
 gerous or 
 very defective 
 pavement, 
 and shall 
 require the 
 reparat on 
 thereot. 
 
 APPENDIX. THE GENEBAL PAVING (METROPOLIS) ACT, 1817. 
 
 displaced ; and also if more adequate funds and authorities were 
 given to the said several commissioners, trustees, and other persons 
 having the superintendence and regulation of the pavements of such 
 streets and public places ; for which purposes, may it p'easw your 
 Majesty that it may be^nacted ; and he it enacted by the King's most 
 excellent Majest> , by and with the advice an<i consent of the lords 
 spiritual and temporal, and commons, in this present parliament 
 assembled, and by the authority of the same, that this Act and the 
 provisions herein contained shall extend to all streets and public 
 places whidrar^ now paved, or which may be hereafter paved, within 
 the cities of London and Westminster and borough of South wark, and 
 any other parts of the metropolis which are included within the 
 weekly bill of mortality, and to all streets and public places which 
 are now paved, or which may be hereafter paved, within the parishes 
 of Saint Pancras and Saint Marylebone, in the said county of Mid- 
 dlesex, except only any parts thereof which may be hereinafter 
 particularly excepted (). 
 
 6. And be it further enacted, that in case any person being the 
 occupier of an inhabited dwelling-house, situate in any parish or place 
 also within the jurisdiction of this Act, and rated to the relief of the 
 poor of such parish or place wherein such dwelling-house shall be 
 situate, at the sum of 50 at the least, for and in respect of such 
 dwelling-house, or in case any two persons being the occupiers of two 
 several inhabited dwelling-houses situate in any parish or place, 
 parishes or places, also within the jurisdiction of this Act, and each 
 of whom shall be rated to the relief of the poor of such parish or 
 place, parishes or places, wherein such dwelling-houses shall be 
 respectively situate, at the sum of .25 at the least, for and in respect 
 of their said respective dwelling-houses, shall think that the pave- 
 ment of any street or public place in any parochial or other district 
 within the jurisdiction of this Act, or any part of such pavement, is in. 
 a state dangerous to passengers, or so very defective as to occasion 
 serious inconvenience to passengers and carriages, then and in every 
 such case it shall and may be lawful to and for such one person alone, 
 or for such two persons jointly, to prepare a notice, signed with his 
 or their respective hand or hands, setting forth the number of his or 
 their respective dwelling-house or dwelling-houses, and the street or 
 public place, or streets or public places, wherein such dwelling-house 
 or dwelling-houses is or are situate, and describing the part of the 
 pavements of any street or public place which he or they consider to be 
 then dangerous to passengers, or so very defective as to occasion 
 serious inconvenience to passengers and carriages, and also requiring 
 the reparation thereof, and to address such notice to any person being 
 a surveyor for the time being of the pavements of and within the 
 parochial or other district wherein the part of any street or public- 
 place shall be situate, the pavement whereof shall then be dangerous 
 to passengers, or so very defective as aforesaid, and to give such notice 
 to any such surveyor, or to leave the same for him at the dwell- 
 ing-house or office within such parochial or other district, inscribed on 
 the boards to be from time to time set up by the commissioners or 
 trustees or other persons having the control of the pavements of and 
 within such parochial or other district pursuant, to the directions of 
 this Act. 
 
 (a) As to these exceptions, see 25 & 26 Viet. c. 102, s. 73, ante.
 
 57 GEO. 3, c. 29, s. 7. 665 
 
 7. And be it further enacted, that every person from time to time Section 7. 
 hereafter being the surveyor of the pavements of any parochial or 
 other district within the jurisdiction of this Act, to whom shall be Surveyors 
 given or for whom shall be left a notice signed and prepared as before r commis- 
 directed, of the dangerous or very defective state as aforesaid of any sion ers shall 
 part of the pavement of any street or public place in the parochial or 9 ause sucl1 
 other district in and for which he shall then be a surveyor of pave- dangerous or 
 ments, shall forthwith inspect the part of the pavement described in det ^ Uve 
 such notice given to or left for him ; and if the same or any part ^ repa j re< i. 
 thereof shall really be in a state dangerous to passengers, or so very 
 defective as to occasion serious inconvenience to passengers and car- 
 riages, and if the costs and charges of and about the repairing of such 
 dangerous or very defective pavement will not exceed the sum of 2, 
 he shall cause such pavement to be effectually repaired wi> hin three 
 days after the day whereon such notice shall have been given to or 
 left for him as aforesaid ; and if the costs and charges of and about 
 the repairing of such pavement will exceed the sum of .2, but will 
 not exceed the sum of 10, then he shall cause such dangerous or 
 very defective pavement to be effectually repaired within seven days 
 after the day whereon such notice shall have been given to or left for 
 him as aforesaid ; and in either of such cases, such surveyor may and 
 shall cause such pavements to be effectually repaired by and of his 
 own authority, and without any order or direction from the commis- 
 sioners or trustees or other persons having the control of the pave- 
 ments of the parochial or other district wherein he shall be appointed 
 to act ; and the costs and charges of such effectual reparation shall be 
 paid by such commissioners or trustees or other persons having the 
 control of the pavements of the parochial or other district wherein 
 such dangerous or very defective pavement may he situate ; but if it 
 shall appear to the said surveyor, upon the inspection of the pavements 
 described in any notice to be given to or left for him as aforesaid, 
 that the same is really in a state dangerous to passengers, or so very 
 defective as to occasion serious inconvenience to passengers and car- 
 riages, and that the costs and charges of and about the effectual 
 reparation of such part of the said pavements as may then be in a 
 state dangerous to passengers, or so very defective as to occasion serious 
 inconvenience to passengers and carriages, will exceed the sum of .10, 
 then and in every such case the said surveyor shall deliver a copy of 
 the notice given to or left for him as aforesaid, to the clerk or clerks or 
 other proper officer of the commissioners or trustees or other persons 
 having the control of the pavements of such parochial or other district, 
 within three days after such notice shall have been given to or left for 
 him as aforesaid, and shall in writing require such clerk or clerks or 
 other proper officer, duly to summon a general meeting of the com- 
 missioners or trustees or other persons having the control of the pave- 
 ments of such parochial or other district, according to the usual 
 custom of such clerk or clerks or other proper officer, or to the direc- 
 tions ot the local Act or Acts of parliament under or by virtue whereof 
 such commissioners or trustees or other persons having the control ot 
 the pavements of and in such parochial or other district, shall be 
 appointed ; and that such clerk or clerks, or other proper officer, within 
 two days after he shall receive such notice and requisition from the said 
 surveyor, shall summon or cause to be summoned a general meeting 
 of the said commissioners or trustees, or other persons having the con- 
 trol of the pavements of and in such parochial or other distnet, to be 
 held within four days then next, for the purpose of considering the 
 notice given to or left for the surveyor appointed by them as aforesaid ; 
 and that the said commissioners or trustees, or other persons having
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) AcT,'1817. 
 
 the control of the pavements of such parochial or other district, or a 
 sufficLat nuu- ber of them for the transaction of business, according to 
 the provisions of the local Act or Acts of parliament under or by 
 virtue of which they are or shall be appointed, shall assemble at their 
 usual place of meeting pursuant to such summons, and shall then and 
 the ?e consider such notice so given to or left for the said surveyor of 
 the pavements of such parochial or other district ; and if such part of 
 the pavement described in such notice, or any part thereof, shall really 
 be in a state dangerous to passengers, or so very defective as to occa- 
 sion serious inconvenience to passengers and carriages, then such 
 commissioners or trustees or other persons shall then and there direct 
 the effectual reparation of such part of the pavements mentioned in 
 the said notice as may be dangerous to passengers, or so very defec- 
 tive as aforesaid, and shall cause the same and every part thereof to 
 be so effectually repaired, at their cost and charges, within twenty- 
 eight days then next, if the charges of and about so effectually repair- 
 ing the same will not in their judgment exceed the sum of ,50, and 
 within six weeks then next if the charges of and about so effectually 
 repairing the same will in their judgment exceed the said sum of 
 50. 
 
 8. And be it further enacted, that if at any time or times hereafter 
 the pavement of any street or public place within the jurisdiction of 
 this Act, being in a state dangerous to passengers, or so very defec- 
 tive as to occasion serious inconvenience to passengers and carriages, 
 whereof a notice prepared and signed as hereinbefore is directed, 
 shall have been given to or left for any person being a surveyor of 
 the pavements of the parochial or other district wherein the pavement 
 so dangerous to passengers or so very defective as aforesaid, may be 
 situate, shall not be sufficiently repaired within the times herein- 
 before appointed for the reparation thereof, (that is to say,) within 
 three days from the day whereon the said notice shall have been 
 given or left as aforesaid, if the costs and charges of and about such 
 repair would not exceed the sum of 2, and within seven days from 
 the day whereon the said notice shall have been given or left as afore- 
 said, if the costs and charges of and about such repair would not 
 exceed the sum of 10, and within twenty-eight days from the day 
 whereon the said notice shall have been given or left as aforesaid, if 
 the cost and charges of and about such repair would not exceed the 
 sum of 50, and within six weeks next after the said notice shall 
 have been given or left as aforesaid, if the costs and charges of and 
 about such repair would not exceed the sum of 50, then it shall 
 and may be lawful to and for the person or persons by whom any 
 notice signed as hereinbefore is directed shall have been given or left 
 as aforesaid, to apply and complain to any two justices of the peace 
 acting for the city, borough, or county wherein the pavement of the 
 street or public place described in the notice so given or left as afore- 
 said shall be situate, and that upon proof upon oath, by one or more 
 credible witness or witnesses, that a notice prepared and signed as 
 hereinbefore is directed, had been given to or left for a person 
 appointed and notified to be a surveyor of the pavements of such 
 parochial or other district wherein the pavement described in such 
 notice may be situate, and according to the directions of this Act, 
 and that the part of the pavements in any street or public place 
 described in such notice, and being in a state dangerous to passengers, 
 . or so very defective as to occasion serious inconvenience to passengers 
 and carriages, had not been sufficiently repaired within the time 
 hereinbefore limited by this Act, according to the costs and charges
 
 57 GEO. 3, c. 29, s. 8. 667 
 
 which must be incurred in and about such reparation ; then such Section 8. 
 justices of the peace, by a summons under their hands, shall require 
 the said person, being appointed and notified to be a surveyor of the 
 pavements for the parochial or other district wherein the pavement 
 of any street or public place dangerous to passengers, or so very 
 defective as aforesaid, shall be situate, to or for whom the said notice, 
 prepared and signed as aforesaid, shall have been given or left, accord- 
 ing to the directions of this Act, to appear before them the said jus- 
 tices, at a place and time to be mentioned in such summons (and the 
 time being twenty-four hours at the least after the said summons 
 shall have been given to the said surveyor, or shall have been left 
 for him at his dwelling house or office within the parochial or other 
 district the pavement whereof he shall be appointed to survey, 
 inscribed on the boards hereinbefore directed to be set up in every 
 parochial and other district within the jurisdiction of this Act), and 
 then and there to show cause why the pavement described in the 
 said notice hath not been sufficiently repaired according to such 
 notice within the times hereinbefore by this Act limited, according 
 to the expense which must be incurred in and about such repair ; and 
 that if the said surveyor, or some person authorized by him, shall 
 not attend before the said justices at the time and place mentioned 
 in such summons, or if he 'or such other person authorized by him 
 shall then and there attend, and shall not show to them the said jus- 
 tices a sufficient cause or sufficient causes why the said pavement 
 described in the said notice given to or left for the said surveyor as 
 hereinbefore is directed, and every part thereof, have not been suffi- 
 ciently repaired according to such notice, then and upon proof upon 
 oath by two or more credible witnesses that the pavement described 
 in the said notice is then dangerous to passengers, or so very defec- 
 tive as aforesaid, and that the same is situate within the parochial or 
 other district for which the said surveyor shall have been .appointed 
 and notified as appointed to act, it shall and may be lawful to and 
 for the said justices by order under their hands and seals, to order 
 and direct that the said surveyor shall pay to the person or persons 
 by whom the said notice shall have been signed as aforesaid, such 
 sum of money as he or they shall have legally expended for the cost 
 and charges of such summons and order, and which said sum of 
 money so by the said justices ordered to be paid by the said surveyor 
 shall and may be recovered in the same manner in which any other 
 forfeitures and penalties are hereinafter directed to be recovered by 
 virtue of this Act ; and the said justices shall also then and there, 
 by an order under their hands and seals, order the said surveyor to 
 sufficiently repair or cause to be repaired all the pavements described 
 in the said notice being in a state dangerous to passengers, or so very 
 defective as aforesaid, and being in the parochial or other district 
 wherein he the said surveyor shall have been appointed to act as sur- 
 veyor of the pavement, within three days then next if the costs and 
 charges of and about such repair will not exceed the sum of 2, and 
 within seven days then next if the costs and charges of and about the 
 said repair will not exceed the sum of 10, and within twenty-eight 
 days then next if the costs and charges of and about such repair will 
 exceed the sum of .10, but will not exceed the sum of 50, and 
 within six weeks then next if the cost and charges of and about such 
 repair will exceed the sum of .50 ; and the said order of the said 
 two justices of the peace, within twenty-four hours after the same shall 
 be made, shall be given to the said surveyor, or left for him at his . 
 dwelling house or office within the parish or other district the pave- 
 ment whereof he shall be appointed to survey, inscribed on the said
 
 368 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 8. boards hereinbefore directed to be set up, and shall be obeyed and 
 performed by him ; and he the said surveyor shall sufficiently repair 
 the said pavements, or cause the same to be sufficiently repaired, 
 within the time to be directed by the said order, at the costs and 
 charges of the commissioners or trustees or other persons having 
 the control of the pavements of that parochial or other district 
 wherein the pavement shall be situate which by such order shall be 
 so ordered to be repaired ; but if the said surveyor, or any person 
 authorized by him, shall attend before the said justices at the time 
 and place mentioned in such summons, and shall show to the said 
 justices that such notice was not prepared and signed and given or 
 left according to the directions of this Act, or that the pavement 
 described in such notice was not in a state dangerous to passengers, 
 or was not in a state so very defective as to occasion serious incon- 
 venience to passengers and a/mges, either at the time of the delivery 
 of such notice, or at the time of the application of the person or 
 persons signing such notice to such justices, or shall then and there 
 nhow to such justices such other cause or causes as they shall deem 
 sufficient why the said pavements have not been repaired according 
 to such notice, then in any or either of the said cases the said justices 
 shall dismiss the said complaint of the person or persons by whom 
 the said notice shall have been signed as aforesaid, and by an order 
 under their hands and seals shall declare that such person or persons 
 having signed the said notice, and having made the application and 
 complaint to them the said justices, hath or have forfeited the sum of 
 40s. , and shall direct the same sum of 40s. to be paid by him or 
 them to the said surveyor or other person authorized by him, then 
 attending before the said justices, for his own use and benefit ; and 
 such sum of 40s. so forfeited shall be recovered in the manner in 
 which other forfeitures and penalties are hereinafter directed to be 
 recovered by virtue of this Act : Provided always, and be it hereby 
 also enacted, that if it shall appear to the said j ustices of the peace 
 that the costs and charges of and about the repair of any pavement 
 so by them ordered to be repaired as aforesaid will exceed the sum of 
 50, or that such reparation cannot be probably completed within six 
 weeks then next, then and in such case, or under any other special 
 circumstances, it shall and may be lawful to and for the said justices 
 to extend any of the times for completing the repair of any such 
 pavement to some other time beyond the period of six weeks, or 
 beyond the other periods mentioned by this Act, at their discretion, 
 and so that such repair be completed with all the expedition which 
 the extent of such repair and such special circumstances, in the judg- 
 ment of the said justices of the peace, will permit. 
 
 9. And be it further enacted, that if any person from time to time 
 hereafter, being the surveyor of the pavements of any parochial or 
 other district within the jurisdiction of this Act, and being sum- 
 moned by any two justices of the peace as hereinbefore is directed, 
 shall refuse or neglect, either personally or by some person authorized 
 by him, to attend before such justices at the time and place to be 
 mentioned in such summons, or shall refuse or neglect to perform 
 and obey any order which may be legally made by such two justices 
 of the peace, under their hands and seals, as hereinbefore is directed, 
 and which shall direct, according to the provisions of this Act, the 
 reparation of any pavements dangerous to any passengers, or so very 
 defective as to occasion serious inconvenience to passengers and car- 
 riages in any streets or public places within the parochial or other 
 district for which he shall be appointed to act as a surveyor of the
 
 57 GEO. 3, c. 29, ss. 9, 12. 669 
 
 pavements, and to perform and obey the same within the time sped- Section 9. 
 
 tied therein (he having notice thereof as hereinbefore is directed, and 
 
 not being prevented from the observance and performance of such 
 
 order by frost or other unavoidable circumstances, or by the neglect 
 
 or proceedings of any water or gas company or commissioners of 
 
 sewers), then and in such case the said person being the surveyor as 
 
 aforesaid shall forfeit and pay for such refusal or neglect any sum 
 
 not exceeding .10 for the first offence, and a sum not exceeding .20 
 
 for the second offence, and a sum not exceeding ,30 for every third 
 
 offence, to be recovered in such manner as other penalties or for- 
 
 feitures are by this Act hereinafter directed to be recovered, and to 
 
 be paid, when recovered, to the churchwardens or overseers of the 
 
 poor of the parish or district wherein any such dangerous or defec- 
 
 tive pavement shall be situate, and to be by them applied to and for 
 
 the use of the poor of such parish or district, and in aid of the rates 
 
 for the relief of the poor ot such parish or district, and to no other 
 
 person or persons, and for no other use or purpose whatsoever ; and 
 
 such person who shall be guilty of such third offence shall thereafter 
 
 become disqualified from acting in the said office of a surveyor of the 
 
 pavements in the same or in any other parochial or other district 
 
 within the jurisdiction of this Act, and from being re-appointed or 
 
 appointed thereto, and from acting therein, either gratuitously or 
 
 otherwise, or under any pretence whatsoever unless he shall so act 
 
 under the direction and by the command of the commissioners, 
 
 trustees, or other persons by whom he shall have been appointed : 
 
 Provided always, that all costs, charges, and expenses which such 
 
 person, being the surveyor of the pavements of any parochial or other 
 
 district, shall incur or expend in and about the observance and per- 
 
 formance of any such order made by the said two justices of the 
 
 peace as aforesaid for the reparation of the pavements in such paro- 
 
 chial or other district being dangerous to passengers or very defective 
 
 as aforesaid, as hereinbefore is directed, or which he shall incur or be 
 
 put unto in consequence of his refusal or neglect to perform and 
 
 obey any such order by the directions in writing of the commis- 
 
 sioners or trustees, or other persons having the control of the pave- 
 
 ments of the parochial or other district for which he may be ap- 
 
 pointed to act, shall be forthwith paid or reimbursed to him by such 
 
 commissioners or trustees, or other persons, out of the moneys which 
 
 they shall then possess, or shall first thereafter receive, by virtue or 
 
 on account of any rates or assessments thentofore or thereafter made, 
 
 for and towards the expenses of the paving or reparation of the pave- 
 
 ment of such parochial or other district, or otherwise, by virtue of 
 
 any local Act or Acts of parliament or by virtue of this Act, 
 
 12. And be it further enacted, that all new or complete mains or j; cw maum 
 
 pipes for the conveyance of water, or inflammable air or gas, which O f wa t cr 
 
 after the passing of this Act shall be laid down beneath the surface pipes, &c. to 
 
 of any streets or public places within the jurisdiction of this Act, by be made of 
 
 or on account of any water or gaslight company, and whether such iron, and not 
 
 new or complete main of pipes shall or shall not be substituted for or laid down 
 
 added to any other complete main or mains of pipes for the convey- during the 
 
 ance of water or inflammable air or gas, theretofore laid down for the months of 
 conveyance of water, or k of inflammable air or gas, shall consist and 
 
 _ 
 
 (a) The provisions contained in this section relative to breaking up 
 pavements, seem to be superseded by section 109 of 18 & 19 Viet. c. 120, 
 ante. 
 
 February (a).
 
 (370 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 12 ^ e made of iron alone, and of no other material ; and the pavements 
 of any streets or public places within the jurisdiction of this Act, or 
 any part thereof, shall not be broken or taken up for the purpose of 
 laying down any new main of pipes, for the conveyance of water or 
 of inflammable air or gas, during any part of the months of December, 
 January, or February in any year ; and also that from and after ten 
 years from the passing of this Act all and every new main pipe and 
 pipes for the conveyance of water, or of inflammable air or gas, which 
 shall be laid down by or on account of any water or gaslight company, 
 or other persons, shall consist and be made of iron alone, and of no 
 other material ; and all and every new service and other pipes shall 
 not consist or be made of wood, but shall consist or be made of iron 
 or lead, or of some durable material ; and that if any water or gas- 
 light company, or any other person, shall break or take up, or cause 
 to be broken or taken up, any such pavement for the purposes afore- 
 said during the months aforesaid, or shall lay or cause to be laid 
 down any pipes consisting or made of any materials in violation of 
 the provisions of this Act, then and in every such case the company 
 or other person so offending shall forfeit and pay the sum of 5 for 
 every square foot of pavement which shall be so broken or taken up 
 by them or on their account, and the like sum for every foot in 
 length of pipe which shall be so laid down consisting or made of any 
 such material ; and which said forfeitures and penalties shall be 
 recoverable in the same manner in which other forfeitures and 
 penalties are hereinafter directed to be recovered by virtue of this 
 Act : Provided always, that nothing herein contained- shall extend or 
 be construed to extend to hinder or prevent any water company, 
 at any time within or after the space of ten years from the passing of 
 this Act, from repairing all or any of their present mains or service 
 pipes, which are not constructed of iron, with wood or such other 
 materials whereof such mains or pipes are now constructed. 
 
 Plans of 13. And be it further enacted, that it shall and may be lawful to 
 
 pipes and and for any person appointed to act as a surveyor of the pavements 
 sewers may in any parochial or other district within the jurisdiction of this Act, 
 be examined and to and for any other person or persons appointed by the commis- 
 by surveyors sioners or trustees, or other persons having the control of the pave- 
 of pavement, ments of any such parochial or other district, when he shall be 
 directed so to do by the commissioners or trustees, or other persons 
 by whom he or they shall be appointed to act, from time to time and 
 at any times between the hours of ten of the clock in the forenoon 
 and of four of the clock in the afternoon of any day not being a Sun- 
 day or holiday appointed by law, at the office or counting-house of 
 any water or gaslight company, any of who.e pipes for the convey- 
 ance of water or of inflammable air or gas shall then be laid beneath 
 the surface of any of the streets or public places within each of such 
 parochial or other districts, the pavements Avhereof shall be under 
 the control of such several commissioners or trustees, or other persons, 
 or for which any such surveyor shall be appointed to act, and at the 
 office of any commissioners of sewers then having jurisdiction over 
 the common and public drains and sewers within every such 
 parochial or other district, to examine and inspect any and every 
 map or plan, or draft or survey, or delineation or description of all 
 and every the main of pipes and pipes belonging to any of such water 
 or gaslight companies, then possessed by them, or being in their 
 custody or power, and any and every map or plan, or draft or survey, 
 delineation or description, of the common and public drains or sewers 
 being within such parochial or other district, and under the juriedic-
 
 671 
 
 Section 13. 
 
 57 GEO. 8, c. 29, ss. 1315. 
 
 t ion of such commissioners of sewers, then possessed by them, or being 
 in their custody or power, he such surveyor for the time being, or 
 such other person or persons appointed by the said commissioners or 
 trustees, or other persons having the control of the pavements in any 
 such parochial or other district, having given to a clerk or secretary 
 of any such company or commissioners of sewers, or having left at 
 the office or counting-house of such company or commissioners of 
 sewers, two days previous notice in writing of his or their intention 
 to attend at the office or counting-house of such companies or com- 
 missioners of sewers for the purpose aforesaid ; and that the secretary 
 or clerk or some other officer of such company or commissioners of 
 sewers, shall then and there produce and show, or cause to be pro- 
 duced and shown, unto such surveyor or other person or persons, all 
 and every the maps, plans, drafts, surveys, delineations, and descrip- 
 tions aforesaid, in the custody or power of the said company or com- 
 missioners of sewers, and shall permit him or them then and there to 
 take extracts therefrom, or copies thereof, or of and from any of them, 
 or any part of any of them, so far as may relate to the mains of pipes 
 or pipes, and to the public or common sewers or drains which shall 
 be laid or be beneath the surface of the streets or public places within 
 the parochial or other districts for which such surveyor of pavements, 
 or other person or persons appointed by any such commissioners or trus- 
 tees, or other persons having the control of pavements, shall be 
 deputed or directed to act. 
 
 14. And be-it further enacted, that all and every the secretaries or 
 clerks, surveyors or inspectors, and the several and respective turn- 
 cocks, employed or appointed, or hereafter being employed or ap- 
 pointed by all and every the water and gaslight companies, any of 
 whose pipes shall be laid beneath the surface of any street or public 
 place in any parochial or other district within the jurisdiction of this 
 Act, and also all and every the clerk and clerks, secretary and secre- 
 taries appointed or being hereafter appointed by any commissioners 
 of sewers whose jurisdiction shall extend over the common or public 
 drains or sewers within every such parochial or other district, within 
 forty days next after the passing of this Act, or within the space of 
 five days next after he or they shall be hereafter severally appointed 
 to such several offices, situations, or employments, shall give notice 
 in writing to each and every of the clerk or clerks to the commis- 
 sioners or trustees, or other persons having the control of the 
 pavements, or to the surveyor and surveyors of the pavements of 
 each parochial or other district, beneath the surface of the streets or 
 public places wherein the mains or pipes of such company, or any of 
 them, shall be laid, or there shall be any common or public drains or 
 sewers within the jurisdiction of such commissioners of sewers, of 
 his, their, and every of their Christian and surnames and place or 
 places of abode, and of the company or commissioners of sewers by 
 whom he or they is or are, or hath or have been so appointed or em- 
 ployed, and also of the place which is appointed as the office or 
 counting-house of the said company or commissioners of sewers ; and 
 that in case any such person or persons shall neglect to give such 
 notice within the respective times aforesaid, every such person 
 or persons so offending in either of the said cases shall forfeit and 
 pay the sum of .10, to be recovered in the same manner in which 
 other penalties and forfeitures are hereafter directed to be recovered 
 by virtue of this Act. 
 
 15. And be it further enacted, that when and so often as it shall Surveyor 
 
 Officers of 
 companies, 
 &c. to notify 
 their names 
 and places 
 of abode to 
 surveyors of 
 pavements,
 
 672 
 Section 15. 
 
 may require 
 repair of 
 pipes and 
 drains when 
 defective. 
 
 Notice to be 
 given to re- 
 pair them. 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 appear to any person appointed to Act as a surveyor of pavements in 
 any parochial or other district within the jurisdiction of this Act, 
 that any pipe or pipes, stopcock, plug, or other thing belonging to 
 any water or gaslight company, or that any public sewer beneath the 
 surface of the pavement of any street or public place within such 
 parochial or other district, be broken or damaged, it shall be lawful 
 for such surveyor, and he is hereby required to give immediate 
 notice, signed by himself, to the company or commissioners of sewers 
 to whom it may appear to him that such pipe or stopcock, plug, or 
 other thing, or sewer, doth or may belong, by either giving such 
 notice to a clerk or secretary, or to a turncock of such company, or to 
 a clerk or secretary of such commissioners of sewers, or to some or 
 one of them, or by leaving the same at the place or places of abode of 
 some or one of them, or at the office or counting-house of such com- 
 pany or commissioners of sewers, and shall require that such pipe, 
 stopcock, plug, or other thing, or sewer, be examined, and, if needful, 
 that such pipe, stopcock, plug, or other thing be repaired, altered, 
 amended, or renewed, and such sewer be repaired by such company, 
 or commissioners of sewers ; and that within forty- eight hours after 
 such notice shall be so given or left as aforesaid, the said company or 
 commissioners of sewers, to or for whom, or to or for whose officer or 
 servant such notice shall have been given or left as aforesaid, shall 
 cause to be taken up the pavement of the street or public place 
 beneath which the pipe, stopcock, plug, or other defective thing, or 
 sewer, shall be, and shall cause the ground to be opened, and shall 
 also cause the said pipe, stopcock, plug, or other thing to be substan- 
 tially repaired, altered, amended, or renewed, or the said sewer to be 
 examined, and, if necessary, to be substantially repaired, and the 
 ground properly filled in with hard rubbish or other good materials, 
 and rammed down, within forty-eight hours next after such notice 
 shall be given or left as aforesaid, or with all convenient expedition, 
 in the judgment of the commissioners, trustees, or other persons 
 having the control of the pavements in the parochial or other district 
 wherein such pavement, street, or public place shall be situate, and 
 to their satisfaction, or the satisfaction of any three or more of 
 them ; and also within twelve hours after such pipe, stopcock, plug, 
 or other thing shall be so substantially repaired, altered, amended, or 
 renewed, or such sewer shall be so substantially repaired, and the 
 ground above the same shall be so filled in and rammed down, 
 the said company or commissioners of sewers shall cause notice 
 thereof, signed by the clerk or secretary to such company or com- 
 missioners of sewers, to be given to the said surveyor of pavements, 
 or to the pavior or paviors or other persons then employed or ap- 
 pointed by the commissioners or trustees, or other persons having the 
 control of the pavements in such parochial or other district, to pave 
 and repair the pavements within such parochial or other district, as 
 the said commissioners or trustees or other persons for the time being 
 may from time to time direct, that such examination, and, if 
 necessary, such reparation, alteration, amendment, or renewal, hath 
 been made pursuant to such notice of the surveyor of pavements, 
 and that the ground hath been refilled and rammed down, that the 
 pavement in such street or public place may be forthwith relaid in 
 the manner directed by this Act ; and in case the water or gas 
 company, or commissioners of sewers, to or for whom such notice of 
 the surveyor of pavements shall have been given or left as aforesaid, 
 and to whom such pipe, stopcock, plug, or other thing, or sewer, 
 referred to in such notice shall belong, shall neglect to cause the same 
 to be repaired, altered, or amended, or renewed, as the case may be,
 
 57 GEO. 3, c. 29, ss. 15, 16. 673 
 
 and the ground to be filled in and rammed down to the satisfaction Section 15. 
 of the said commissioners, trustees, or other persons having the con- 
 trol of the pavements in such parochial or other district, or any three tliein, and 
 or more of them within the time hereinbefore limited and appointed g^ng 
 for those purposes, or shall neglect to give or cause to be given notice n tice 
 thereof as aforesaid to the said surveyor of the pavements, or to the ereof 
 pavior or paviors, or other persons employed or appointed by the tae P avior 
 commissioners or trustees, or other persons having the control of the 
 pavements in such parochial or other district, to pave and repair 
 the pavement within such parochial or other district ; then the said 
 company or commissioners of sewers shall for the first neglect and 
 offence forfeit and pay the sum of .5, and for the second neglect and 
 offence shall forfeit and shall pay the sum of 8, and for the third 
 and every subsequent neglect and offence shall forfeit and shall pay 
 the sum of .10, to be recovered in the same manner in which other 
 penalties and forfeitures are directed to be recovered by virtue of this 
 Act. 
 
 16. Provided always, and be it further enacted, that in case it shall and if such 
 happen and it shall be discovered, after any pavement in any street request 
 or public place shall have been taken up, and the ground shall have should not 
 been opened, that any pipe, stopcock, plug, or other thing, beneath be made to 
 the surface of the pavement of any street or public place, which shall the P r per 
 have appeared to any surveyor of pavements to require to be repaired, P art i es sub- 
 altered, amended, or renewed, shall not belong to the water or gas sequent in- 
 company to or for whom such notice for the reparation, alteration, 
 amendment, or renewal thereof as aforesaid shall have been given or 
 left as is hereinbefore directed by the said surveyor, but to some 
 other water or gas company, or to some other persons, then such 
 company to or for whom the said notice of the said surveyor of pave- 
 ments shall have been given or left, within twenty-four hours, after 
 the notice from the said surveyor of pavements shall have been given 
 or left as aforesaid, shall cause a notice, signed by the secretary or 
 clerk, to be given in the same manner hereinbefore directed as to the 
 service of the original notice to the company or other persons to 
 whom the pipe, stopcock, plug, or other thing shall appear to belong, 
 which did appear to the said surveyor of pavements to require repara- 
 tion, alteration, amendment, or renewal, and shall thereby require 
 them to obey and perform and comply with the said original notice 
 from the said surveyor of pavements, instead of the company to 
 whom such original notice had been given ; and that such company 
 or other persons to whom such pipe, stopcock, plug, or other thing, 
 shall belong, shall reimburse and pay on demand to the first-men- 
 tioned company to or for whom the original notice may have been 
 given or left, the reasonable costs and charges which they shall have 
 incurred in and about taking up the pavements and opening the 
 ground, and shall obey, execute, and perform the said original notice 
 of the said surveyor, and the directions of this Act relating thereto, 
 in such and the same manner, and within such and the same time, in 
 all respects, as if the said original notice from the said surveyor had 
 been given to them ; and they shall be liable to and shall incur the 
 same penalties and forfeitures on neglect so to do, as they ought to 
 have done, or would have been liable to, and would have incurred, if 
 the said original notice had been given to them in manner before 
 directed ; and that the company by whom the pavements shall be 
 first taken Up and the ground shall be opened, who shall neglect to 
 give the notices hereby required to the company to whom the pipe, 
 stopcock, plug, or other thing, which shall appear to the surveyor of 
 2 X
 
 674 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 16, tne pavements to require reparation, alteration, amendment, or re- 
 newal, shall appear to belong, in manner hereinbefore directed, shall 
 for the first neglect and offence forfeit and pay the sum of 5, and for 
 the second neglect and offence shall forfeit and shall pay the sum of 
 .8, and for the third and every subsequent neglect and offence shall 
 forfeit and pay the sum of ,10, to be recovered in the same manner 
 in which other penalties and forfeitures are hereinafter directed to be 
 recovered by virtue of this Act. 
 
 llepairs and 
 works by 
 companies, 
 &c., to be 
 executed 
 with all 
 convenient 
 expedition. 
 
 17. And be it further enacted, that whenever after the passing of 
 this Act any water or gaslight company, or commissioners of sewers, 
 pursuant to the provisions hereinbefore contained, shall take up or 
 cause to be taken up any pavement of any street or public place in 
 any parochial or other district within the jurisdiction of this Act, or 
 shall place in any street or public place any pipes, or other materials 
 and things, for the purpose of executing any works beneath the surface 
 of any street or public place, or otherwise, all and every such works 
 shall be executed and completed within such reasonable time as the 
 commissioners or trustees, or any other persons having the control of 
 the pavements of the streets and public places in such parochial or 
 other district, or any three or more of them, shall from time to time 
 and at any time direct and appoint ; and, also, that all such pipes or 
 other materials and things shall be and remain on the surface of any 
 such street or public place, and of any streets and public places in any 
 parochial or other district, for no longer period than shall be un- 
 avoidably necessary in the judgment of the said commissioners or 
 trustees, or other persons having the control of the pavements in such 
 parochial or other district, or any three or more of them ; and also 
 that the same pipes or other materials and things shall be from time 
 to time and at all times removed and taken away off and from the 
 surface of any and every street or public place by the water or gas- 
 light company, or commissioners of sewers, or by the officers or ser- 
 vants of the company, or commissioners of sewers, by whom or by 
 whose order, or by whose officers or servants, or for whose offices or 
 works, all or any such pipes or other materials or things shall have 
 been brought to and placed on the surface of such streets or public 
 places, or any of them, and at their costs and charges, within forty- 
 eight hours after such company or commissioners of sewers shall have 
 been required to remove and take away the same by the commis- 
 sioners or trustees, or other persons having the control of the pave- 
 ments in any such parochial or other district, or any three or more 
 of them, by a notice signed by three or more of such commis- 
 sioners or trustees or other persons, and given to such company or 
 commissioners of sewers, or left for them at the dwelling house or 
 place of abode of any secretary or clerk or turncock employed by 
 such company, or of a clerk or secretary to such commissioners of 
 sewers, or at the office or counting-house of such company or commis- 
 sioners of sewers ; and that in case any company or commissioners of 
 sewers shall at any time or times neglect to comply with any and 
 every such notice, and to obey all and every the directions which 
 the said commissioners or trustees or other persons having the control 
 of the pavements in any parochial or other district, or any of them, . 
 are by this Act authorized and empowered to give, then and in every 
 or any such case such company or commissioners of sewers shall for 
 the first neglect and offence forfeit and shall pay the sum of 5, and 
 for the second neglect and offence shall forfeit and shall pay the sum 
 of 8, and for the third and every subsequent neglect and offence 
 shall forfeit and pay the sum of ,10, to be recovered in the same
 
 57 GEO. 3, c. 29, ss. 1719. 675 
 
 manner in which other penalties and forfeitures are directed to be re- Section 17 
 covered by virtue of this Act. 
 
 18. And be it further enacted, that all dirt, gravel, filth, rubbish, Rubbish and 
 and other things, which at any time or times after the passing of this obstructions 
 Act, shall be placed, collected, or occasioned by or by means of any occasioned 
 water or gaslight company, or commissioners of sewers, or of any re- i n streets by 
 pairs or other works executed and performed or intended to be exe- th , e repairs 
 cuted and performed by their officers or servants, or by their orders of FPes, &c. 
 or directions, or on their account, in any streets or public places in 
 
 any parochial or other district within the jurisdiction of this Act, by 
 the taking up of the' pavement of such streets or public places, or any 
 of them, or by opening the ground beneath the surface of such streets 
 or public places, or by the execution of the works of any water or 
 gaslight company or otherwise, or which shall be in anywise conse- 
 quent thereon or incidental thereto, in the judgment of the commis- 
 sioners or trustees or other persons having the control of the pave- 
 ments of the streets and public places in any such parochial or other 
 district, or any three or more of them, shall be from time to time and 
 at all times collected and removed and carried away, by or at the 
 costs and charges of such company or commissioners of sewers, with 
 all practicable expedition, and to the satisfaction of such commis- 
 sioners or trustees or other persons having the control of the pave- 
 ments in such parochial or other district, or any three or more of them; 
 and that such company or commissioners of sewers shall especially so 
 do whenever they shall be required so to do by any notice from such 
 commissioners or trustees or other persons having the control of the 
 pavements in such parochial or other district, or any three of them, 
 or from any surveyor of the pavements appointed by them, signed by 
 them or him, and given to such company or commissioners of sewers, 
 or left for them at the dwelling house or place of abode of any sec- 
 retary or clerk or turncock employed by such company or commis- 
 sioners of sewers, or at any office or counting-house of such company, 
 or of any clerk or secretary to any such commissioners of sewers ; and 
 that in case any such company or commissioners of sewers shall 
 neglect to collect, carry away, and remove, or cause to be collected, 
 carried away, and removed, from all and every such streets and public 
 places, all such dirt, gravel, filth, rubbish, and other things whatso- 
 ever, within twenty -four hours after any such notice shall be from 
 time to time given or left as aforesaid, to the satisfaction of such com- 
 missioners or trustees, or other persons by whom any such notice 
 shall be signed, then the said company or commissioners of sewers 
 shall for every such neglect and offence forfeit and shall pay the sum 
 of ,5 to be recovered and applied in the same manner in which other 
 penalties and forfeitures are hereinafter directed to be recovered and 
 applied by virtue of this Act. 
 
 19. And be it further enacted, that from time to time and at all Bars, watch- 
 times after the passing of this Act, all and every water or gaslight mcn > an( * 
 company or commissioners of sewers, who shall take up or shall cause *ber secu- 
 or direct the taking up of any pavement in any street or public place " ties a ^ *? 
 in any parochial or other district within the jurisdiction of this Act, *? e P. rovided 
 for the purpose of laying down or repairing any pipe or other thing, u . nn g ^ re- 
 or any sewer or drain beneath the surface of any street or public place, pay r e S ments 
 or for executing any other works or otherwise, from time to time and preven t' 
 accidents (a). 
 
 (a) Compare 18 & 19 Viet. c. 120, s. Ill, ante. 
 2x2
 
 676 APPENDIX. THE GENEKAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 19. at all times, from the commencement until the completion of all and 
 every such works, and from the breaking up of the said pavement of 
 any street or public place until the same pavement shall be relaid and 
 repaved, at their costs and charges (unless the said works shall be 
 completed during the day on which the said works shall be com- 
 menced) shall place or cause to be placed such posts, rails, bars, or 
 ropes, lanthorns and watchmen, in any and every such street or public 
 place, and adopt and execute all such other means for the prevention 
 of any accidents or mischief to any passengers, horses, cattle, or car- 
 riages, and every other public inconvenience, to the satisfaction of the 
 commissioners or trustees or other persons having the control of the 
 pavements of the parochial or other district wherein any such street 
 or public place shall be situate, or of a surveyor of pavements or other 
 officer or person appointed by them, in the manner and whenever 
 from time to time such company or commissioners of sewers shall be 
 required so to do by such surveyor of the pavements, or any officer 
 or person appointed by the commissioners, trustees, or other persons 
 having the control of the pavements in such parochial or other district, 
 by any notice to be signed by him or them, and given to such com- 
 
 }>any or commissioners of sewers, or left for them at the dwelling 
 louse or place of abode of any secretary or clerk or turncock employed 
 by such company, or of any clerk or secretary to any such commis- 
 sioners of sewers, or at any office or counting-house of such company 
 or commissioners of sewers ; and that in case any such company or 
 commissioners of sewers, for three hours after any such notice as afore- 
 said, signed as aforesaid, be given or left as aforesaid, shall neglect to 
 place, or shall neglect to continue for the time before limited, in any 
 street or public place, such posts, rails, bars, or ropes, lanthorns and 
 watchmen, or to adopt and execute any and every other means for 
 the purposes aforesaid, to the satisfaction of the commissioners or 
 trustees, or other persons having the control of the pavements of the 
 parochial or other district wherein any such street or public place 
 shall be situate, or of a surveyor of pavements or other officer or per- 
 son appointed by them, by whom any such notice shall be signed, 
 pursuant to and in the manner directed by any such notice as afore- 
 said, given or left as aforesaid, then and in every such case the said 
 company or commissioners of sewers shall for every such neglect and 
 offence forfeit and pay the sum of ,5, to be also recovered in the same 
 manner in which other penalties and forfeitures are hereinafter 
 directed to be recovered by virtue of this Act. 
 
 ^Breaches in ^- ^ nc ^ ^ e ^ hereby further enacted, that in case at any time or 
 
 the pavement times hereafter any pavement in any streets or public places in any 
 may be parochial or other district within the jurisdiction of this Act shall, by 
 
 inclosed. the breaking or falling-in or decay of any sewer or drain, cesspool or 
 
 watercourse, or any pipe or pipes, stopcock, plug, or other thing, 
 become broken or irregular so as to be dangerous or hazardous to pas- 
 sengers or carriages, it shall and may be lawful to and for any surveyor 
 of the pavements for any such parochial or other district to cause and 
 direct such part of the pavements of any streets or public places as 
 he shall deem so dangerous or hazardous to be forthwith inclosed, 
 in such manner, by such persons, and with such materials as he may 
 direct, and as may be needful to prevent such danger and hazard to 
 passengers or carriages ; and that the costs and charges incurred 
 thereabouts shall be ascertained and determined by him, and shall be 
 paid and discharged by the commissioners of sewers, water or gas 
 company, or other person or persons to whom the sewer or drain, 
 cesspool or watercourse, pipe or pipes, stopcock, plug, or other thing
 
 57 GKO. 3, c. 29, ss. 2022. 677 
 
 so broken, fallen in, or decayed, and by the breach, falling-in, or Section 20. 
 decay whereof such breach or irregularity of the pavements as afore- 
 said may have been occasioned, and shall and may be certified to them 
 or him, and be paid by them or him within the time, and shall and 
 may be recovered from them or him in such and the same manner as 
 is by this Act directed, limited, and authorized as to any moneys to 
 become due from any persons whomsoever for the costs and charges 
 of repairing or paving or repaving any pavements of any streets or 
 public places by the commissioners or trustees or other person having 
 the control of the pavements in any streets or public places in any 
 parochial or other district within the jurisdiction of this Act. 
 
 21 And be it further enacted, that no water company whose mains Stand cocks 
 or pipes shall be laid beneath the surface of any street or public place placed during 
 in any parochial or other district within the jurisdiction of this Act, frosts regu- 
 shall place or set up, or cause to be placed or set up, any stand cock lated. 
 or pump, or other instrument, machine, or thing, for the "supply of 
 water in times of frost or otherwise, in any public street or place 
 within the jurisdiction of this Act, which shall be furnished with any 
 other than a metal cock and spout, to be to the satisfaction of the sur- 
 veyor of the pavements for such parochial or other district for the 
 time being ; and that any water company who shall set up, or cause 
 to be set up, any other stand cock, pump, or other instrument, ma- 
 chine, or thing, furnished with any other than a metal cock and spout, 
 in any street or public place, and which shall not be to the satisfac- 
 tion of the surveyor of the pavements for such parochial or other 
 district, shall forfeit and shall pay for every such offence the sum of 
 20s., to be recovered in the same manner in which other penalties and 
 forfeitures are hereinafter directed to be recovered by virtue of this 
 Act. 
 
 22. And be it further enacted, that in case any water or gaslight Works neg- 
 company, or commissioners of sewers, at any time or times after lectedby 
 the passing of this Act, shall neglect to take up the pavement in companies, 
 any street or public place in any parochial or other district within &c., may be 
 the jurisdiction of this Act ; or to open any ground beneath the executed by 
 surface of such street or public place ; or substantially to repair, surveyors of 
 alter, or amend, or renew any pipe, plug, stop cock, or other thing, pavements, 
 or any public sewer, as the case may be ; or to give the notices 
 required by this Act to any other company, or to any paviors, sur- 
 veyors of pavements, or other persons ; or to remove or take away 
 any pipes, or other materials or things from any street or public 
 place ; or to collect and carry away or remove all dirt, gravel, 
 filth, rubbish, and other things, from any street or public place ; or 
 to place and continue posts, rails, bars, or ropes, lanthorns and watch- 
 men, in any street or public place ; or to do and execute all and every 
 sueh works and things, and all or any other works and things directed 
 and required by this Act to be done and executed by any such company 
 or commissioners of sewers, and pursuant to any notice given or left 
 as herein directed by any commissioners or trustees, or other persons 
 having the control of the pavements in the streets or public places within 
 any parochial or other district within the jurisdiction of this Act, or 
 by the surveyors of pavements, or other officers or persons appointed 
 by them or otherwise, and to their respective satisfaction, and within 
 the several times and periods specified and directed by this Act ; 
 then and in every or any of such cases, and at all times afterwards, 
 it shall and may be lawful to and for any surveyor of the pave- 
 ment of the parochial or other district wherein the street or public
 
 678 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 22, P^ ace sna U be situate as to which any such neglect shall occur, and 
 - all and every such surveyors are hereby empowered and required, 
 
 forthwith to cause all and every such several works, matters, and 
 things, which shall not be executed and performed by every such 
 company or commissioners of sewers, or which shall not be well, sub- 
 stantially, and effectually executed and performed to his or their 
 satisfaction, or to the satisfaction of the commissioners or trustees, 
 or other persons by whom he or they shall be appointed, within the 
 times and periods limited by this Act to be well and effectually per- 
 formed, to his or their satisfaction, or to the satisfaction of such com- 
 missioners or trustees, or other persons as aforesaid, as herein provided, 
 at the costs and charges of such company or commissioners of sewers 
 who shall have so neglected well, substantially, and effectually to per- 
 form and execute the same, and every of them, and every part thereof ; 
 and that such costs and charges and every of them shall be reim- 
 bursed and paid by any and every such company or commissioners 
 of sewers to such surveyor or surveyors of pavements, or to the person 
 or persons employed by him or them to perform and execute any or 
 every of such works, or to the commissioners or trastees, or other 
 persons having the control of the pavements of the parochial or other 
 district within which such works shall be performed and executed, 
 or to their treasurer, or to such other person or persons as such 
 commissioners or trustees or other persons shall from time to time 
 appoint to receive the same ; and that the amount of such costs 
 and charges, and of the moneys so to be paid, being directed by 
 the said commissioners or trustees or other persons, shall be ascer- 
 tained and notified, and certified and recovered (over and above all 
 and every the penalties and forfeitures which may be incurred for 
 any such neglect by virtue of this Act) in the same manner in which 
 any costs and charges which may be incurred, and any moneys which 
 may become due, for and about and in respect of the relaying or 
 repairing of any pavements hereafter broken or taken up in any 
 streets or public places by or by the direction or on account of any 
 company, commissioners of sewers, or other persons, are to be ascer- 
 tained and notified and certified, and may be recovered by virtue 
 of this Act. 
 
 Pavements 23. And be it further enacted, that when and as often as any 
 
 taken up by pavement of any streets or public places in any parochial or other 
 
 companies, district within the jurisdiction of this Act shall be broken or taken 
 
 &c., to be U p "by an y -water or gaslight company, or by any commissioners of 
 
 relaid by com- sewers, or by any person or persons acting by or under their respec- 
 
 missioners ^ ve or d ers or authorities, or by any other person or persons by the 
 
 of pave- directions of this Act, or by and with or without the consent of 
 
 ment. (a) ^ e conim i ss i oners O r trustees or other persons having the control 
 
 of the pavements in any parochial or other district wherein any street 
 
 or public place shall be situate, the pavements whereof or any part 
 
 whereof shall be broken or taken up, then all such part and parts of the 
 
 pavements of any such street or public place which from time to time 
 
 and at all times shall be so broken or taken up as aforesaid, and the 
 
 pavement contiguous thereto, as far as may be rendered necessary in 
 
 the judgment of a surveyor of pavements to such commissioners or 
 
 trustees, or other persons having the control of the pavements in such 
 
 parochial or other district, and after the ground opened shall be refilled 
 
 and rammed down pursuant to the directions of this Act, shall be 
 
 (a) Compare section 110 of 18 & 19 Viet. c. 120, and 25 & 26 Viet. c. 162, 
 s.82.
 
 57 GEO. 3, c. 29, s. 28. 679 
 
 with all convenient speed completely and substantially repaved, with Section 23. 
 all necessary stones, ballast, gravel, and other materials, and shall ~"~ 
 
 be kept in complete repair, by the pavior or mason then contracting 
 with or employed by such commissioners or trustees or other persons, 
 or by such person or persons as they may from time to time appoint 
 for that purpose, under the inspection and direction and to the satis- 
 faction of the said surveyor of pavements to the said commissioners or 
 trustees or other persons, for the periods following ; (that is to say,) 
 all such part or parts of the pavements of any such street or public 
 place which from time to time and at all times shall be so broken or 
 taken up as aforesaid, and the pavement contiguous thereto as afore- 
 said, which shall be so broken or taken up for the purpose of 
 making and laying down any main or mains of pipes, or of substi- 
 tuting iron for wooden pipes, or of making any sewer, vault, or drain, 
 for twelve calendar months next ensuing the breaking and taking up 
 of the same pavements ; and all such part or parts of the pavements of 
 any such street or public place, which from time to time and at all 
 times shall be so broken or taken up as aforesaid, and the pavement 
 contiguous thereto as aforesaid, which shall be so broken or taken 
 up for the purpose of altering the position of or of repairing any pipes, 
 stopcocks, or plugs, or of repairing, cleansing, or altering any sewer, 
 vault, or drain, for three calendar months next ensuing the breaking 
 and taking up the same pavements ; and that the costs, charges, and 
 expenses of taking out any ground, and filling in hard rubbish or 
 other good materials, and of repairing and keeping in necessary repair 
 for the periods aforesaid all or any such paverneat in manner afore- 
 said, and all the expenses of cartage, and all other charges and ex- 
 penses atending the same, as well as all costs and charges which may 
 be incurred pursuant to the directions of this Act by any surveyor of 
 pavements in and about executing and performing any works or matters 
 neglected to be executed and performed by any company or commis- 
 sioners of sewers, as hereinbefore directed, shall be ascertained and 
 fixed from time to time by the surveyor of pavements to such com- 
 missioners or trustees or other persons within whose parochial or 
 other districts such works or other matters shall have been performed 
 and executed, or such pavements shall have been broken up and 
 repaved ; and such costs and charges from, time to time, when- 
 ever directed by the said commissioners or trustees or other 
 persons, shall be certified by their clerk or clerks, surveyor or sur- 
 veyors of pavements, or one of them, or some other officer or servant 
 appointed by them, by a note to be given to the said company or 
 commissioners of sewers, or other persons who shall have neglected 
 to perform or execute such works, or by whom or by whose orders 
 or authorities or on whose account such pavement shall have been 
 broken or taken up, or to be left for such company, commissioners of 
 sewers, or other person or persons, at their dwelling-house or dwelling- 
 houses, or place or places of abode, or at any office or counting-house 
 of any such company or commissioners of sewers, or at the dweDing- 
 house or place of abode of any secretary, clerk, or turncock employed 
 by such company, or of any clerk or secretary to any such commis- 
 sioners of sewers ; and that the full amount of the costs and charges an ^ th e 
 so certified shall be paid within two months after the same note shall charges repaid 
 be given or left as aforesaid, by such company or commissioners of to them 
 sewers, or other person or persons to or for whom the same note by such 
 shall have been given or left as aforesaid, to the surveyor of pave- companies, 
 ments, or to the treasurer to such commissioners or trustees, or other 
 persons having the control of the pavements as aforesaid, or to the 
 mason or pavior or other person or persons by whom any such
 
 680 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 23 wor ^ s or matters shall have been clone and performed, or to such other 
 
 v ' person or persons as the said commissioners or trustees or other 
 
 persons, by the said note of their clerk or clerks, surveyor or sur- 
 veyors, or other officer or servant, shall direct and appoint to receive 
 the same, or any part thereof ; and the receipt or receipts of the 
 person or persons so appointed to receive the same shall be a good 
 and effectual discharge or discharges for any and every such pay- 
 ment, and for all and every the moneys in any such receipt or receipts 
 expressed and acknowledged to have been received ; and also that in 
 case at any time or times the full amount of such costs and charges, 
 so certified as aforesaid, shall not be &o fully paid without any deduc- 
 tion or abatement whatsoever, within two months after such note as 
 aforesaid shall have been given or left aforesaid, and although no 
 other demand shall be made of any such amount of costs and charges, 
 or any part thereof, then from time to time and at all times after- 
 wards it shall and may be lawful for the said commissioners or trus- 
 tees, or other persons having the control of the pavements as aforesaid, 
 to recover double the amount of such costs and charges so certified 
 and being unpaid, of and from the company or commissioners of 
 sewers, or other person or persons to or from whom such note shall 
 have been given or left as aforesaid, either by distress and sale of the 
 goods and chattels of such company or commissioners of sewers or 
 other person or persons, by a warrant under the hand and seal of 
 any justice of the peace for the city, borough, or county wherein 
 such parochial or other district shall be situate, and which warrant 
 every such justice is hereby empowered and required to grant, upon 
 proof of the service of such note as aforesaid, and of the nonpayment 
 of the costs and charges thereby certified, by the oath or affirmation. 
 of the person who shall have left any such note as directed by this 
 Act, and by the oath or affirmation of the person or persons appointed 
 by such note to receive such costs and charges of the nonpayment 
 thereof, and every part thereof, to him or them, and which oath or 
 affirmation any and every such justice of the peace is hereby em- 
 powered and required to administer, or to recover the same and every 
 part thereof in any court or courts of request or county court, or by 
 any action or actions in any court of law ; and that in any such pro- 
 ceedings in any court or courts of request or county court, or in any 
 such action or actions, it shall be only necessary for the said com- 
 missioners or trustees or other persons, or the complainant or com- 
 plainants, plaintiff or plaintiffs, in any such proceedings or actions, 
 to prove the service of such note pursuant to the directions of this 
 Act, to entitle him or them to recover by such proceedings, or by 
 such action or actions from the said company or commissioners 
 of sewers or other person or persons, double the full amount of such 
 costs and charges so certified by such note, unless the said company 
 or commissioners of sewers or other person or persons shall prove, 
 upon the return of the summons in such proceedings in any court or 
 courts of requests or county court, or on the trial of such action or 
 actions, the actual payment of the full amount of the costs and charges 
 so certified, within two months after the said note was left as afore- 
 said, to the person or persons thereby appointed to receive the same, 
 and that in any and every such action or actions no essoign, protec- 
 tion, or wager of law, or plea in abatement, or any dilatory plea, or 
 more than one imparlance, shall be allowed. 
 
 Commis- 52. And be it further enacted, that it shall and may be lawful to 
 
 sioners, &c., and for the commissioners or trustees, or other persons having the 
 may pave control of the pavements of the streets and public places in any
 
 57 GEO. 3, c. 29, s. 52. 681 
 
 parochial or other district within the jurisdiction of this Act, from Section 52. 
 time to time to pave and keep in repair, or cause to be paved and . . 
 
 kept in repair, or to enter into any contract or contracts for paving streets with 
 and keeping in repair, all or any part or parts of the carriageways or tbei . r rt: icts 
 footways of all or any of the streets or public places in their respec- P av . 1D g ma- 
 tive parochial or other districts within the jurisdiction of this Act ; J^JJJJ } ^ in| 
 and also that all and every the pavements, stones, posts, and other ^ em t a \ . 
 materials which now are or which may be hereafter placed in the 
 foot or carriageways of any streets or public places within their 
 respective parochial or other districts, which shall have been or may 
 from time to time be paved or repaired by the said commissioners or 
 trustees, or other persons having the control of the pavement in each 
 of their respective parochial or other districts, and all things and 
 implements which shall be then laid down, or may be purchased, 
 provided, or made use of by them therein or thereabouts, shall be 
 and the same are hereby vested in the respective commissioners or 
 trustees, or other persons having the control of the pavements of the 
 streets and public places within each of their respective parochial or 
 other districts, and shall and may be laid and stated as their property 
 according to the general name or title by which they are distinguished 
 in the respective local Act or Acts of parliament relating to their 
 respective parochial or other districts, under and by virtue whereof 
 they are or shall be from time to time appointed to act, and not 
 according to their individual name or names, in any indictment, 
 information, or other proceeding which may be preferred or filed, 
 or taken against any person or persons, for removing or taking away, 
 stealing, detaining, spoiling, injuring, or destroying the same pave- 
 ments or materials, or implements or things, or any of them, or any 
 part or parts thereof; and also that it shall and may be lawful for 
 them from time to time to order all or any of the stones and other 
 materials then being in any such streets or public places as they may 
 from time to time pave or repair, to be made use of in or towards 
 the paving or repairing the foot or carriageway pavements in any 
 streets or public places within their respective parochial or other 
 districts ; and also may from time to time purchase, or rent upon 
 lease or otherwise, any premises which they may think necessary, for 
 the purpose of laying or depositing or otherwise disposing of all or 
 any of their stones or other materials or implements, for and until 
 such time as they shall use the same ; and also that they may from and to be 
 time to time sell and dispose of all or any part of the old pavements disposed of 
 or other materials or implements possessed by or belonging to them, by them; 
 to such person or persons as shall be willing to purchase the same, 
 they applying the moneys arising from time to time by any and 
 every such sales in aid of the moneys raised and to be raised 
 within their respective parochial or other districts for or towards the 
 expense of paving and repairing the pavements therein ; and also and that 
 shall and may cause to be dug, carted, and carried out of or brought necessary 
 into any streets or public places within their respective parochial or materials may 
 other districts, and shall and may purchase any such gravel, stones, be purchased, 
 and other materials, horses, carts, and tools, and employ such arti- and workmen 
 fleers, workmen, labourers, carters, and other persons, and issue such employed, 
 money on those accounts, and do all and every such other acts and 
 things as the said commissioners or trustees, or other persons having 
 the control of the pavements as aforesaid, may from time to time 
 judge necessary or expedient for or towards or about the paving or 
 
 (a) See section 98 of 18 & 19 Viet. c. 120, ante; and sections 77, 78, 80, 
 81 of 25 & 26 Viet. c. 102, ante.
 
 682 
 
 Section 52. 
 
 May stop up 
 streets during 
 reparations ; 
 and may alter 
 the channels 
 therein ; 
 
 and may raise 
 or lower pipes. 
 
 Pavements 
 not to be 
 removed 
 without per- 
 mission. 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 repairing the pavements of any streets or public places within their 
 respective parochial or other districts, or incidental thereto ; and also 
 that they or their respective surveyor or surveyors of the pavements, 
 or any inspectors or other officers by them appointed for the time 
 being, shall and may from time to time cause the ground of any 
 streets or public places within their respective parochial or other dis- 
 tricts to be raised or lowered in such manner as they or he shall think 
 necessary ; and also that they or their respective surveyors, inspec- 
 tors, or other officers for the time being, during the time of the 
 paving or of the repairing the pavements of any streets or public 
 places within their respective parochial or other districts, or of any 
 grates, drains, or sewers therein, shall and may order the necessary 
 materials to be placed or deposited in any such street or public place, 
 or in any adjoining street or public place ; and may stop up the way 
 through or along any such street or public place, or any adjoining 
 street or public place, for the purposes aforesaid, for as long time as 
 they shall from time to time think necessary ; and also that they or 
 their respective surveyors, inspectors, or other officers for the time 
 being, shall or may from time to time direct and cause the course of 
 any gutter or channel, running in or through any streets or public 
 places within their respective parochial or other districts, to be turned 
 or altered in such manner as they shall think proper, and to direct and 
 cause the grates already placed or hereafter to be placed over any 
 sewers (at their charge) to be removed and replaced in such manned 
 and at such place and places as they shall think proper ; and also 
 that they or their respective surveyors, inspectors, or other officers 
 for the time being, may (at such their charges) raise, sink, or other- 
 wise alter, or cause or direct to be raised, sunk, or altered, any pipes 
 or plugs, or the situation or position of any pipes or plugs of any 
 water or gaslight companies, or any of the leaden or other pipe's 
 which may be laid into or from any of the mains or pipes of any 
 of the said companies, when and as often and in such places as 
 they or their respective surveyors, inspectors, or other officers for 
 the time being shall deem expedient, for the purpose of the better 
 paving or repairing or keeping in repair the pavement of the streets 
 or public places within their respective parochial or other districts, 
 but with as little detriment and inconvenience to the said companies, 
 as in the judgment of the said surveyors, inspectors, or other officers, 
 the circumstances will permit. 
 
 63. And be it further enacted, that no person or persons shall take 
 or break up, or cause to be taken or broken up, any pavement 
 in any street or public place in any parochial or other district within 
 the jurisdiction of this Act, or make any alteration therein, under 
 any pretence whatsoever, without the consent of the commissioners 
 or trustees, or other persons having the control of the pavements in 
 such parochial or other district, or their surveyor or surveyors of the 
 pavements for the time being, first obtained aud certified under the 
 hand or hands of their clerk or clerks, or surveyor or surveyors for 
 the time being ; and that all and every person and persons to whom 
 such consent shall be granted, shall be subject and liable to all the 
 provisions in this Act contained in respect to the water and gaslight 
 companies and the commissioners of sewers, as to the reparation of 
 the pavements, and as to the removal of all rubbish and other 
 obstructions, and as to the provision of bars, watchmen, and other 
 securities, and to all penalties by this Act imposed on the breach of 
 any of such provisions respectively, and to such other conditions and 
 regulations as the said commissioners or trustees, or other persons
 
 57 GEO. 3, c. 29, ss. 53, 57. 683 
 
 consenting as aforesaid, shall stipulate and direct, and shall obey and Section 53. 
 perform the same and every of them (a) ; and that in case any person 
 
 or persons (except water and gaslight companies and the commis- 
 sioners of sewers, and who are to conform to the particular provisions 
 of this Act relating to them), shall take or break up, or cause to be 
 taken or broken up, or shall wilfully damage any pavement in any 
 streets or public places, or shall make or cause to be made any alter- 
 ation therein, without such consent as aforesaid, certified as aforesaid, 
 then any and every such person or persons in every such case so 
 offending, shall for each and every such offence forfeit and pay a sum 
 not being less than 5, nor exceeding 10 ; and also for each and 
 every square foot of such pavement exceeding one foot so taken or 
 broken up or altered, or so wilfully damaged, shall forfeit and pay 
 any sum not being less than 5 nor exceeding 10, to be recovered 
 in the same manner in which other penalties and forfeitures are 
 hereinafter directed to be recovered by virtue of this Act. 
 
 57. And be it further enacted, that whenever from time to time or Private drains 
 at any time hereafter it shall appear to the commissioners or trustees, also to be 
 or other persons having the control of the pavements of the streets cleansed, 
 and public places in any parochial or other district within the juris- 
 diction of this Act, or to any two or more of them, or to their surveyor 
 or surveyors for the time being, or any of them, that any private 
 drain, sewer, cesspool, gutter, or watercourse, running beneath or 
 above, or communicating with any other drain or sewer beneath any 
 of the pavements of any of the streets or public places in any such 
 parochial or other district, doth require to be repaired, amended, 
 altered, emptied, or cleansed, it shall and may be lawful to and for 
 the said commissioners or trustees, or other persons having the con- 
 trol of such pavements as aforesaid, or any two or more of them, or 
 their surveyor or surveyors as aforesaid for the time being, or any of 
 them, to give or cause to be given a notice or notices under their 
 hands, or under the hand or hands of such surveyor or surveyors of 
 pavements for the time being, to or for the owner or owners or for 
 the occupier or occupiers of all or any messuages, houses, lands, or 
 other hereditaments to whom such drain, sewer, cesspool, gutter, or 
 watercourse shall belong, or by whom the same shall be used or 
 enjoyed, or from whose messuages, houses, lands, or hereditaments 
 any such drain, sewer, gutter, or watercourse shall proceed or flow, or 
 wherewith the same or any such cesspool shall communicate, well 
 and sufficiently to repair, amend, alter, empty, or cleanse the same 
 and every part thereof; and in case any such owner or owners, 
 occupier or occupiers, within three days after any such notice shall be 
 given or left as aforesaid, shall not well and effectually repair, amend, 
 alter, empty, or cleanse any such drain or sewer and every part 
 thereof, pursuant to such notice, and to the satisfaction of the said com- 
 missioners or trustees or other persons as aforesaid, or of their surveyor 
 or surveyors for the time being, then it shall and may be lawful to and 
 for the said commissioners or trustees or other persons as aforesaid, or 
 for their surveyor or surveyors for the time being, to direct such drain, 
 sewer, cesspool, gutter, or watercourse to be repaired, amended, 
 altered, emptied, or cleansed, with such materials and in such manner 
 as they or he may direct, and by such person or persons as they or he 
 may from time to time appoint ; and that the amount of the charges 
 and expenses incurred thereabouts, and also of taking up, relaying, 
 
 (a) See section 109 of 18 & 19 Viet, c. 120, ante.
 
 684 
 Section 57. 
 
 Posts may be 
 erected for 
 the preser- 
 vation of the 
 pavements 
 and pre- 
 vention of 
 accidents. 
 
 Commis- 
 sioners, &., 
 may appoint 
 scavengers (a). 
 
 APPENDIX. THE GENEBAL PAVING (METROPOLIS) ACT, 1817. 
 
 or repairing any pavements in any streets or public places which 
 may for those purposes or any of them be taken up, shall be ascer- 
 tained and determined by such surveyor or surveyors of pavements 
 as aforesaid, and shall be certified by him or them to such owner or 
 owners, occupier or occupiers, and shall be paid by him or them 
 within the same time, and may be recovered, with the same penalties 
 in case of nonpayment, in such and the same manner, and by such 
 and the same proceedings, as are by this Act authorized and directed 
 for the ascertaining and determining, certifying and recovering 
 any moneys to become due and to be recovered from any person 
 whomsoever, for the costs and charges of repairing or paving or 
 repaving any pavements of any streets or public places by the com- 
 missioners or trustees or other persons having the control of the 
 pavements in any streets or public places in any parochial or other 
 district within the jurisdiction of this Act. 
 
 58. And be it further enacted, that the said commissioners or trus- 
 tees or other persons having the control of the pavements of the 
 streets and piiblic places in any parochial or other district within the 
 jurisdiction of this Act, may cause posts of wood, stone, or iron to be 
 set up near or adjoining the foot pavements, in such part or parts of 
 all or any of the streets or public places within their respective 
 parochial or other districts, as they shall judge necessary ; and also 
 shall and may set up posts and rails near or adjoining to any vacant 
 ground, or other exposed or dangerous place, abutting upon or adjoin- 
 ing to any of the streets or public places in such parochial or other 
 district, in case they shall think proper so to do, for preventing 
 accidents or casualties ; and if any person or persons shall wilfully or 
 carelessly knock down, break, damage, or injure such posts or rails, or 
 any of them, every person so offending shall for every such offence 
 forfeit and pay any sum not being less than 40s. nor exceeding 10 ; 
 and shall also make a full satisfaction (to be ascertained by the justice 
 before whom such offender or offenders shall be convicted), to such 
 commissioners, trustees, or other person or persons having the control 
 of the pavements in the parochial or other district within which the 
 offence shall be committed, for the damage so done ; and that such 
 penalty and satisfaction shall be recovered in the same manner in 
 which penalties and forfeitures are hereinafter directed to be re- 
 covered by virtue of this Act. 
 
 59. And be it further enacted, that it shall be lawful for the com- 
 missioners, trustees, or any other persons having the control of the 
 pavements in the streets or public places in any parochial or other 
 district within the jurisdiction of this Act, and who by any local Act 
 or Acts of parliament relating thereto are also authorized and em- 
 powered to direct the cleansing of the streets or public places within 
 such parochial or other district, at any time or times hereafter to agree 
 by private contract or by public auction, or by tender or proposal if 
 they shall think fit, for any time not exceeding three years, with any 
 person or persons to be the scavenger or scavengers, raker or rakers, 
 cleanser or cleansers of the streets and public places within the said 
 parochial or other district : and such person or persons, on a certain 
 day in every week, and oftener when thereunto required by any 
 tltree or more of the said commissioners or trustees, or other persons 
 as aforesaid, or by the surveyor of the pavements of such parochial 
 
 () Compare section 125 of 18 & 19 Viet. c. 120, ante.
 
 57 GEO. 3, c. 29, ss. 59, 60. 
 
 685 
 
 or other district, or any inspector or other officer or person appointed Section 59. 
 by them or any of them, shall bring or cause to be brought con- 
 venient carriages into all such streets or public places where such 
 carriages can be drawn near or pass unto, and at or before their ap- 
 proach, by bell, horn, clapper, or otherwise by a loud noise or cry, 
 shall give notice to the inhabitants, and shall give the like notice in 
 every other place into which the said carriages cannot pass and abide, 
 and such scavengers, rakers, or cleansers shall take and carry away, 
 or cause to be taken and carried away, from the respective houses and 
 premises of the inhabitants or occupiers, their soil, ashes, cinders, 
 rubbish, dust, dirt, and filth, and all which the said scavengers, 
 rakers, or cleansers, shall carry away, or cause to be carried away, at 
 their own costs and charges, upon pain of forfeiting a sum of 40s. 
 for every neglect or default (except nevertheless all such rubbish, 
 earth, dust, and filth as shall be occasioned by building, repairing, 
 amending, or altering any house or houses, or any other building or 
 buildings, or by cleansing or repairing any drain or sewer); and also 
 that the said rubbish, earth, dust, or soil thereby occasioned, and 
 every part thereof, within the space of twelve hours after the same 
 or any part thereof shall be first left or placed in any street or public 
 place, shall be carried away by or at the charge of the owner or 
 owners, occupier or occupiers of such houses and buildings, or by 
 the commissioners of such sewers respectively as aforesaid : and that 
 such owners or occupiers or commissioners neglecting to remove the 
 same, and every part thereof, or to cause the same to be removed 
 within the time above limited, shall forfeit and pay the sum of 5 
 for every neglect to remove the same within the time above limited ; 
 and also that if any person or persons shall refuse to permit such 
 other soil, ashes, cinders, rubbish, dust, dirt, or filth to be taken away 
 by the scavengers, rakers, or cleansers, or other persons appointed by 
 and agreeing with the said commissioners or trustees, or other per- 
 sons as aforesaid, then every such person or persons so offending shall 
 in like manner forfeit and shall pay the like sum of ,5 : Provided 
 always, that it shall and may be lawful to and for the said commis- 
 missioners, trustees, or other persons having the control as aforesaid, 
 either to contract and agree with and to appoint the same person or 
 persons, or a different person and other persons, to be the scaven- 
 gers, rakers, or cleansers, within their parochial or other district, of 
 the streets or public places therein, and to be the persons to collect 
 and carry away and possess and retain the soil, ashes, cinders, rub- 
 bish, dust, dirt, and filth from the houses and premises Avithin their 
 respective parochial or other districts, as they shall deem most ex- 
 pedient ; but that the right and benefit of such soil, ashes, cinders, 
 rubbish, dust, dirt, and filth shall belong exclusively to the person or 
 persons who shall be from time to time by the said commissioners or 
 trustees, or other persons as aforesaid, appointed to collect and possess 
 the same ; anything in any local Act or Acts of parliament or in this 
 Act to the contrary notwithstanding. 
 
 60. And be it further enacted, that if any person or persons, other Dust to be re- 
 than the scavengers, rakers, or cleansers of any parochial or other moved only 
 district, or the other person or persons employed or appointed by or ty scavengers 
 contracting with the said commissioners or trustees, or other persons 80 appointed. 
 as aforesaid, to collect and retain the dust, cinders, or ashes within 
 their respective parochial or other district, or those employed by and 
 under such person or persons, shall on any pretence whatsoever go 
 about to collect or gather, or shall ask for, receive, or carry away any
 
 686 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 60. dust, cinders, or ashes (a), it shall and may be lawful for any justice 
 of the peace for the city, borough, or county within which such 
 parochial or other district may be situate, upon complaint to him 
 made, to grant a warrant to bring before him such offender or 
 offenders, and also for any person or persons who shall see any such 
 offence committed to seize, and also for any other person or persons 
 to assist in seizing, the offender or offenders, together with the horses, 
 asses, cattle, carts, trucks, wheelbarrows, or other carriages, or imple- 
 ments made use of for carrying the same away ; and by the autho- 
 rity of this Act and without any other warrant, to convey him, her, 
 or them before such justice of the peace, or any justice of the peace 
 for the said city, borough, or county ; and such justice shall and he 
 is hereby authorized and required to examine upon oath the person 
 or persons apprehending such offender or offenders, and any witness 
 or witnesses who shall appear to give information or evidence 
 touching such offence ; and if the party or parties shall be convicted 
 of going about to collect or gather, or of asking for, receiving, or carry- 
 ing away any dust, cinders, or ashes from any house or other premises 
 within any parochial or other district within the jurisdiction of this 
 Act, not being the person or persons employed or appointed by or 
 contracting with the said commissioners or trustees, or other persons 
 having the control of the pavements within such parochial or other 
 district, to collect and possess the dust, cinders, and ashes from the 
 houses and premises therein, or not acting with or under his or their 
 authority, he, she, or they, shall respectively, for the first offence, 
 forfeit and pay the sum of 10 ; for the second offence, the sum of 
 15 ; and for the third and every other subsequent offence, the sum 
 of 20 ; and one moiety of which respective penalties shall be paid 
 to the informer or informers, or to the person or persons who shall 
 apprehend the offender or offenders, and the other moiety shall be 
 paid and shall belong to the person or persons so employed or ap- 
 pointed by or contracting with the said commissioners or trustees, or 
 other persons as aforesaid ; and if such offender or offenders shall not 
 on conviction pay the said penalty or penalties, such justice is hereby 
 required to direct such horses, asses, cattle, carts, trucks, wheel- 
 barrows, or other carriages or implements which shall have been so 
 seized, to be appraised and sold ; and after deducting out of the 
 moneys to arise by such sale the penalty or penalties incurred, to- 
 gether with the reasonable charges and expenses of such warrant, 
 and of such distress, appraisement, and sale, the overplus thereof 
 shall be returned upon demand to the party or parties whose horses 
 or other things shall be appraised and sold ; and in case there shall 
 have been no such seizure as aforesaid, or if the horses, asses, cattle, 
 carts, or other things which shall be appraised and sold, shall not 
 produce a sufficient sum of money to pay the said penalty or penal- 
 ties, charges, and expenses, then if such offender or offenders shall 
 not upon the conviction pay the said penalty or penalties, or such 
 part or parts of the said penalty or penalties, charges, and expenses, 
 which shall remain over and above the produce of the horses, asses, 
 cattle, carts, and other things so seized and sold, then such justice is 
 hereby required to commit such offender or offenders to the common 
 gaol or house of correction for the city, borough, or county where 
 such parochial or other district shall be situate, there to be kept to 
 
 (a) Ashes from a brass founder's furnace containing particles of metal 
 not "dust, cinders, or ashes," within this section; Law v. Dodd, 17 L. J. 
 M. C. 65.
 
 57 GEO. 3, c. 29, ss. 6063. 687 
 
 hard labour for any time not exceeding thirty days, unless such Section 60. 
 penalty or penalties, and charges and expenses, and every part thereof, 
 shall be sooner paid and satisfied. 
 
 61. And be it further enacted, that in case such person or persons On the neg- 
 so employed or appointed by or contracting with the said commis- lect of scaven- 
 sioners or trustees or other persons for the purposes aforesaid, shall gers to re- 
 neglect for the space of seven days to bring or cause to be brought move dust for 
 carts or proper carriages into all the streets or public places as afore- seven da y s > 
 said where such carriages can pass, and to give notice in manner *e " us ^ may 
 aforesaid to the inhabitants of their coming, for the purpose of taking " e rem ve( * by 
 away such dust, dirt, soil, rubbish, filth, cinders, and ashes, and to &n J 
 
 give the like notice in every place into which the said carts and pers 
 carnages cannot pass, or to take away and remove all such dust, dirt, 
 soil, rubbish, filth, or cinders, or ashes from the houses and premises 
 of all and every the inhabitants of such streets or public places, or 
 from such part or parts of such houses or premises where such dust, 
 dirt, soil, rubbish, filth, cinders, and ashes shall be deposited, that 
 then (after twenty -four hours' notice given to such person or persons 
 so employed or appointed by or contracting with the said commis- 
 sioners or trustees or other persons for the purposes aforesaid, or left 
 for him or them at his or their usual house or houses, yard, or other 
 premises, requiring him or them to bring or cause to be brought 
 carts or carriages to take away their dust, dirt, filth, cinders, or ashes, 
 and to take away and remove the same from their respective houses 
 and premises), it shall and may be lawful for such of the inhabi- 
 tants of such of the said streets or public places, who shall have 
 given such notice as aforesaid, to give away or to sell their dust, dirt, 
 filth, cinders, or ashes to any person or persons whomsoever ; and 
 that such person or persons who shall take and carry away the said 
 dust, dirt, filth, cinders, or ashes, shall not be subject or liable to any 
 penalty or penalties for so doing upon every such neglect ; anything 
 in this Act or in any local Act or Acts of parliament contained to 
 the contrary thereof notwithstanding. 
 
 62. And be it further enacted, that no scavenger, raker, or cleanser, Dirt not to be 
 or any other person, shall sweep, rake, or place any of the slop, mud, swept into any 
 dirt, dust, rubbish, ashes, filth, or soil found or being in any streets common 
 
 or public places in any parochial or other district within the juris- sewer, 
 diction of this Act, or any other slop, mud, dirt, dust, rubbish, ashes, 
 filth, soil, or other articles or things, over any grate or grates placed 
 above or communicating with any common or public drain, or sewer, 
 or into any common or public drain or sewer ; and that any and 
 every scavenger, raker, or cleanser, or any other person or persons 
 who shall so offend, shall for every such offence forfeit and shall pay 
 the sum of 5, to be recovered in the same manner in which other 
 penalties and forfeitures are hereinafter directed to be recovered by 
 virtue of this Act. 
 
 63. And be it further enacted, that every occupier of any house, Footways to 
 tenement, warehouse, shop, shed, coach-house, stable, chapel, meet- be swept daily 
 ing-house, or other public or private building in any street or public during frost 
 place in any parochial or other district within the jurisdiction of an( i snow (6). 
 this Act, during the continuance of frost, or after or during the fall 
 
 (b) See 2 & 3 Viet. c. 47, s. 60, for further improving the police in and 
 near the metropolis.
 
 688 
 
 APPENDIX. THE GENEKAL PAVING (METROPOLIS) ACT, 1817. 
 
 Nuisances and 
 annoyances 
 from beating 
 carpets, 
 breaking 
 horses, driving 
 barrows and 
 carriages on 
 pavements, 
 and throwing 
 filth pro- 
 hibited. 
 
 Section 63. of snow, from time to time, and at all times hereafter, shall once in 
 every clay before the hour of ten of the clock in the forenoon of 
 each day, except Sunday, sweep and cleanse, or cause to be swept 
 and cleansed, the footway all along the front side or back walls of 
 their respective houses, tenements, warehouses, shops, sheds, coach- 
 houses, stables, chapels, meeting houses, or other public or private 
 building ; and that every occupier who shall neglect so to do shall 
 for every such offence forfeit and pay any sum not exceeding the 
 sum of 10s., to be levied and recovered and applied in such and the 
 same manner in which other penalties are by this Act hereinafter 
 directed to be recovered and applied ; and also that the owner or 
 owners of any house or other tenements within the jurisdiction of 
 this Act, wliich may be let, furnished, or in divided apartments, 
 shall be deemed and taken, for the purpose of this provision, to be 
 the occupier or occupiers of every such house or other tenement 
 respectively. 
 
 64. And be it further enacted, that if any person or persons shall, 
 in any street or public place in any parochial or other district 
 within the jurisdiction of this Act, at any time or times hereafter, 
 beat or dust any carpet or carpets ; or shall drive any carriage or 
 carriages, for the purpose of breaking, exercising, or trying horses ; 
 or shall ride any horse, mare, or gelding, for the purpose of exer- 
 cising, ailing, trying, showing, or exposing such horse, mare, or 
 gelding for sale (otherwise than by passing through such streets or 
 other public places) ; or shall throw, cast, or lay, or shall cause, 
 
 Sennit, or- suffer to be thrown, cast, or laid, or to remain, any ashes, 
 ust, dirt, rubbish, offal, dung, soil, blood, or other filth or annoy- 
 ance, or any matter or thing, in or upon the carriageway or footway 
 pavement of any such street or other public place in any parochial 
 or other district within the jurisdiction of this Act ; or shall kill, 
 slaughter, scald, dress, or cut up any beast, swine, calf, sheep, lamb, 
 or other cattle, in or so near to any of the said streets or other public 
 places, so that any blood or filth shall run or flow upon or over, or 
 be on any or either of such pavements : or shall run, roll, drive, 
 draw, or place, or cause, permit, or suffer to be run, rolled, driven, 
 drawn, or placed, upon any of the said footway pavements of any 
 street or public place in any parochial or other district within the 
 jurisdiction of this Act, any waggon, cart, dray, sledge, or other 
 carriage, or any wheel, wheelbarrow, handbarrow, or truck, or any 
 hogshead, cart, or barrel , or shall wilfully ride, lead, or drive any 
 horse, ass, mule, or other beast, upon any of the footway pavements 
 aforesaid, then and in every such case it shall and may be lawful to 
 and for any justice of the peace for the city, borough, or county 
 wherein any such parochial or other district may be situate, and he 
 is hereby required, upon complaint to him made upon oath or affir- 
 mation of one or more credible witness or witnesses, to issue a sum- 
 mons requiring such offender or offenders to appear before him, at 
 such time and place as shall be in such summons specified ; or it 
 shall and may be lawful to and for any person or persons whomso- 
 ever, who shall see any such offence committed, if he or they shall 
 think proper, to seize, and also for any other person or persons to 
 assist in seizing, such offender or offenders by the authority of this 
 Act, and by such authority, and without any other authority or 
 warrant whatsoever, to convey such offender or offenders before some 
 justice of the peace for the city, borough, or county wherein any such 
 parochial or other district may be situate ; and upon the party or 
 parties appearing in pursuance of such summons, or not appearing
 
 57 GEO. 3, c. 29, ss. 64, 65. 689 
 
 after having been so summoned, or being brought before such justice Section 64- 
 when so seized or otherwise, he the said justice shall proceed to ex- 
 amine upon oath or affirmation any witness or witnesses who shall 
 appear or be produced to give evidence touching such offence ; and if 
 the party or parties accused shall be convicted of any or either of the 
 offences as aforesaid upon his or their own confession, or upon the 
 oath or affirmation of one or more credible witness or witnesses as 
 aforesaid, then and in every such case the person or persons so con- 
 victed shall forfeit and pay a sum not less than 40s. nor exceeding 
 5 for each and every offence ; and that one moiety of every such 
 penalty shall be paid to the informer or informers, or to the person 
 or persons who shall apprehend such offender or offenders ; and the 
 other moiety thereof shall be paid to the treasurer or treasurers of 
 the commissioners, trustees, or other persons having the control of 
 the pavements in the streets or public places in the parochial or 
 other district wherein any such offence or offences shall have been 
 committed. 
 
 65. And be it further enacted, that if any person or persons at any Annoyances 
 time or times hereafter shall set or place, or cause or permit to be set from stalls, 
 or placed by any servant or person employed by him, her, or them, baskets, and 
 or otherwise, any stall board, chopping block, show board on hinges wares and 
 or otherwise, basket, wares, merchandise, casks, or goods of any kind other matters 
 whatsoever ; or shall hoop, place, wash, or cleanse, or cause to be prohibited, 
 hooped, washed, or cleansed, any pipe, barrel, cask, or vessel, in or and punish- 
 upon or over any part of the carriage or footways in any streets or a "* e on 
 public places in any parochial or other district within the jurisdiction renewa a ^er 
 of this Act ; or shall set out, lay, or place, or cause or procure, permit n( jtice; and 
 or suffer to be set out, laid, or placed, any coach, cart, wain, waggon, art ;g^ 
 dray, wheelbarrow, handbarrow, sledge, truck or other carriage upon ^ e ge - z , ^, 
 any of the said carriage-ways (except such coaches, chariots, and SQ [^ / a \ 
 chairs as have been or shall be hereafter licensed by the coinmis- 
 sioners for regulating and licensing hackney coaches, chariots, and 
 chairs, and which stand for hire according to the statutes and bye- 
 laws made for those purposes), and also except for the necessary time 
 of loading or unloading any cart, wain, waggon, dray, sledge, truck, 
 or other carriage, or taking up or setting down any fare, or waiting 
 for passengers when actually hired, or harnessing or unharnessing 
 the horses from any coach, cart, wain, waggon, dray, sledge, truck, or 
 other carriage ; or if any person or persons shall set or place, or cause 
 to be set or placed, in or upon or over any of the said carriage or 
 footways, any timber, stones, bricks, lime or other materials or things 
 for building whatsoever (unless the same shall be enclosed as in and 
 by any local Act or Acts of parliament, or by this Act, or some of 
 them, may be directed), or any other matters or things whatsoever ; 
 or shall hang out or expose, or cause or permit to be hung out or 
 exposed, any meat or offal, or other matter or thing whatsoever, 
 from any house or houses, or other buildings or premises belonging 
 to or occupied by him, her, or them, over any part of either of such 
 pavements, or over any area or areas of any houses or other buildings 
 or premises, or shall place or put out, or cause or permit to be placed 
 
 (a) See 2 & 3 Viet. c. 47, s. 60, sub-sect. 7 (Metropolitan Police Act), 
 and Streets Traffic Act, 1867, 30 & 31 Viet. c. 134; and 31 Viet. c. 5, s. 1, 
 enacting that section 6 of last named Act shall not apply to costermongers 
 carrying on their business in accordance with the regulations of the conv 
 rnissioners of police* 
 
 2Y
 
 690 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 65. or put out, any garden or other pots (except the same shall be per- 
 fectly secured from falling, to the satisfaction cf the commissioners 
 
 or trustees or other persons having the control of the pavements in 
 any such parochial or other district, or of the surveyor of the pave- 
 ments for the time being), or any other matter or thing, from and on 
 the outside of the front or any other part of any house or houses, or 
 other buildings or premises, over or next unto any such street or 
 public place ; and shall not immediately remove all or any such 
 matters or things, being thereunto required by any surveyor or sur- 
 
 veyors of pavements, or by any other person or persons employed or 
 appointed by the commissioners, trustees, or other persons having 
 the control of the pavements in any parochial or other district ; and 
 
 whether the same shall have been so set or placed, exposed or put 
 out by himself, herself, or themselves personally, or by any of his, 
 her, or their servants, or by any person or persons employed by him, 
 her, or them, and shall not continue and keep the same so removed ; 
 or if any person or persons, having in pursuance of any such requi- 
 sition or requisitions as aforesaid, removed or caused to be removed 
 any such stall board, show board, chopping block, basket, wares, 
 merchandize, casks, goods, coach, cart, wain, waggon, dray, wheel- 
 barrow, handbarrow, sledge, truck, carriage, timber, stones, bricks, 
 lime, meat, offal, garden pots, or other matters or things, shall at 
 any time thereafter again set, lay, or place, expose or put out, or 
 cause, procure, permit or suffer to be again set, laid, or placed, 
 exposed or put out, the same or any of them, or any other stall board, 
 show board, chopping block, basket, wares, merchandise, goods, 
 coach, cart, wain, waggon, dray, wheelbarrow, handbarrow, sledge, 
 truck, timber, stones, bricks, Lime, meat, offal, garden pots, or other 
 matters or things whatsoever (save and except as aforesaid), in or 
 upon or over any of the carriage or footways of or next unto any 
 streets or public places within the same parochial or other district as 
 aforesaid ; then and in every such case it shall and may be lawful to 
 and for any justice of the peace for the city, borough, or county 
 wherein the said parochial or other district may be situate, and he is 
 hereby required, upon complaint to him made by any one or more 
 credible witness or witnesses upon oath, to issue a summons requiring 
 the person or persons accused of such offence, or the owner or owners 
 of the goods, materials, meat, offal, garden pots, matters or things, or 
 of the coaches, carts, waggons, drays, wheelbarrows, handbarrows, 
 sledges, trucks, or other carriages, which shall be so set or placed, 
 exposed or set out, or the master or masters of the person or persons, 
 by whose servants, or by the person or persons employed by whom, 
 such offence shall have been committed, to appear before him, or 
 before any other justice of the peace for the same city, borough, or 
 county, as shall be then or there present, at such time or place as 
 shall be in such summons specified, and then and there to proceed 
 to examine upon oath or affirmation any witness or witnesses who 
 shall appear or be produced to give evidence touching such offence ; 
 and if the person or persons so offending shall be convicted of any 
 or either of the offences aforesaid, upon his, her, or their own con- 
 fession, or upon the oath or affirmation of one or more credible witness 
 or witnesses as aforesaid, he, she, or they who shall be so convicted, 
 and the owner or owners of such goods, materials, meat, offal, garden 
 pots, matters or things, or of the coaches, carts, waggons, drays, 
 wheelbarrows, handbarrows, sledges, trucks, or other carriages which 
 shall be so set or placed, exposed or set out as aforesaid, and the 
 master or masters, employer or employers of the person or persons so 
 offending, shall forfeit and pay for the first offence the sum of 40s.,
 
 57 GEO. 3, c. 29, s. 65. 691 
 
 and for the second and every subsequent offence any sum not exceed- Section 65. 
 ing 5 ; and that such respective penalties shall be paid to the 
 treasurer or treasurers of the commissioners, trustees, or other persons 
 having the control of the pavements in the streets or public places 
 in the parochial or other district wherein any such offence shall 
 have been committed, or to such other person or persons as they 
 shall direct and appoint ; and also, that not only shall such penalties 
 become payable and to be recovered, but that it shall and may be 
 lawful to and for any person or persons appointed or to be appointed 
 by the said commissioners or trustees or other persons as aforesaid 
 for that purpose, without any warrant or other authority than this 
 Act, to seize any such stall board, show board, chopping block, 
 basket, wares, merchandise, casks, goods, coach, cart, wain, waggon, 
 dray, wheelbarrow, handbarrow, sledge, truck> or other carriage, 
 together with the horse or horses, ass or asses, mule or mules, if any 
 shall be thereunto belonging, with the harness, gear, and accoutre- 
 ments thereof, or any such timber or other materials, or other matters 
 or things aforesaid, or any of them ; and in case any of the wares, 
 goods, and merchandises so seized shall be perishable, or shall be 
 articles of food, then the same shall be immediately forfeited, and 
 such person or persons who shall seize the same shall deliver the 
 same or cause the same to be delivered to the churchwardens or over- 
 seers of the poor, or to some of them, or to the master of any work- 
 house situate in the said parochial or other district, or of the parish 
 whereunto such district shall belong ; and the same shall and may 
 be given and distributed by him or them unto one or among any one 
 or more of the poor inhabitants of the said parochial or other district, 
 or of such workhouse, to and for his or their benefit ; but otherwise 
 such person or persons shall cause the stall board, basket, cask, goods, 
 coach, cart, wain, waggon, dray, wheelbarrow, handbarrow, sledge, 
 truck, or other carriage, horse or horses, asses or mules, or any 
 materials and things so seized, to be removed to any place appointed 
 for the reception thereof in any such parochial or other district, if 
 any such there be, and otherwise to such place or places as he or 
 they shall judge convenient, giving parole or written notice of such 
 place or places whereunto the same shall be removed, unto the owner, 
 driver, or other person having any interest in the goods, coach, cart, 
 wain, waggon, dray, wheelbarrow, handbarrow, sledge, truck, or other 
 carriages, horses, asses, mules, materials, or other things so seized or 
 removed, if he, she, or they shall be then and there present ; and 
 the same shall be there kept and detained until such owner, driver, 
 or other person interested therein as aforesaid shall cause to be paid 
 the said penalty, together with the charges for taking or removing 
 the same, and of keeping such horse or horses, asses or mules, if any ; 
 and in case the goods, carriage, horses, materials, or other things so 
 removed (not being perishable or articles of food) shall not be 
 claimed, and the said penalty and charges be paid, within five days 
 next after such removal thereof, then and in every such case it shall 
 and may be lawful to and for the said commissioners or trustees, or 
 other persons as aforesaid, or their surveyor of the pavements, or 
 any other person to be appointed by the said commissioners or 
 trustees or other persons as aforesaid, to order the same to be 
 appraised and sold ; and the overplus of the money arising by such 
 sale shall be returned to the owner or owners thereof, if he or they 
 shall have given such notice as aforesaid, after deducting the said 
 penalty, and such costs, charges, and expenses attending such 
 seizing, removing, keeping, appraising, and selling the same, as 
 the said commissioners or trustees or other persons as aforesaid, or 
 
 2 Y2
 
 692 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 65. an y surveyor of the pavements in any parochial or other district, 
 shall ascertain and allow. 
 
 For the 
 removal of 
 nuisances 
 and annoy- 
 ances, a 
 repetition of 
 notices unne- 
 cessary. 
 
 66. And be it further enacted, that in all cases where by this Act, 
 or by any local Act or Acts of parliament relating to any parochial 
 or other district within the jurisdiction of this Act, it may be 
 directed, required, and provided that any person or persons setting 
 or placing any stall board, chopping block, basket, wares, merchan- 
 dize, pipe, barrel, cask, or vessel, goods, timber, stones, bricks, lime, 
 or any other materials, matters, or things, or causing or procuring 
 the same or any of them to be set or placed upon any of the carriage 
 or foot pavements or otherwise, contrary to the regulations herein or 
 in any such local Act or Acts contained, in any of the streets or 
 public places within the jurisdiction of this Act, or that any person 
 or persons driving or placing any coach, cart, waggon, dray, wheel- 
 barrow, handbarrow, sledge, truck, or other carriage, in or upon or 
 over any of the foot pavements in any streets or places within the 
 jurisdiction of this Act, or causing or procuring the same to be so 
 driven or placed, shall have notice and be required to remove the 
 same previous to such person or persons being subject or liable to the 
 penalty or penalties imposed by virtue of such local Act or Acts or of 
 this Act, and to the seizure, forfeiture, appropriation, appraisement, 
 or sale of any such goods, materials, matters, and other things, 
 coaches, carts, waggons, drays, wheelbarrows, handbarrows, sledges, 
 trucks, or other carriages, in manner directed by such local Act or 
 Acts or by this Act, then if any person or persons shall set or place 
 any goods, materials, matters, or other things, or shall set, place, or 
 drive any coaches, carts, waggons, drays, wheelbarrows, handbarrows, 
 sledges, trucks, or other carriages upon or over the said pavements, 
 or any of them, or any part thereof, at any time or times subsequent 
 to his, her, or their having received such notice, or having oeen 
 required to remove the same, or any other goods, materials, matters, 
 or things, or any other coaches, carts, waggons, drays, wheelbarrows, 
 handbarrows, sledges, tracks, or other carriages from off the said pave- 
 ments or any of them, or shall cause or permit the same or any of them 
 to be set or placed or driven by his or their servants, or by any person 
 or persons employed by him or them ; in any and every such case it 
 shall not be necessary or requisite that any person or persons, seeing 
 such offence or offences committed again, should require the removal 
 of the said goods, materials, matters, or things, or coaches, carts, 
 waggons, drays, wheelbarrows, handbarrows, sledges, trucks, or other 
 carriages ; but the same or any of them, being so again set, placed, 
 or driven in, upon, or over the said pavements or any of them, or 
 any part thereof, contrary to the directions of any such local Act or 
 Acts of parliament, or of this Act, shall and may be seized, forfeited, 
 removed, applied, detained, appraised, and sold, in manner herein 
 provided as to any other goods, materials, matters, or things, or 
 coaches, carts, waggons, drays, wheelbarrows, handbarrows, sledges, 
 tracks, or other carriages, which shall not be removed on a requi- 
 sition or notice being given so to do as hereinbefore provided ; and 
 the person or persons so committing the said offence or offences, and 
 the owner or owners of the goods, materials, matters, or other things, 
 or coaches, carts, waggons, drays, wheelbarrows, handbarrows, sledges, 
 trucks, or other carriages which shall be so placed or driven, and 
 the master or masters, employer or employers of the person or 
 persons so offending, shall be subject and liable to the same penalty 
 or penalties, forfeitures, proceedings, charges, and punishments, as if 
 such person or persons offending had neglected or refused to remove
 
 67 GEO. 3, c. 29, ss. 6668. 693 
 
 the said goods, materials, matters, or other things, or coaches, carts, Section 66. 
 
 waggons, drays, wheelbarrows, handbarrows, sledges, trucks, or other 
 
 carriages, when required so to do, under and by virtue of any local 
 
 Act or Acts of parliament, or of this Act ; and although the said 
 
 notices or requisitions shall not have been repeated or again given to 
 
 the person or persons committing or directing or permitting such 
 
 offence or offences, or any of them ; anything in this Act or in any 
 
 local or other Act or Acts of parliament to the contrary thereof in 
 
 anywise notwithstanding. % 
 
 67. And be it further enacted, that in case any hog-stye, slaughter- Hog-styes 
 house, horse-boiling establishment, or any other matter which, in the an ^ other 
 judgment of the commissioners or trustees, or other persons having nuisan ces 
 the control of the pavements in any parochial or other district within ma y j? e , r< r" 
 the jurisdiction of this Act, is a nuisance to the other inhabitants of movea W- 
 such parochial or other district or any of them, at any time or times 
 hereafter shall be in any of the streets, lanes, or public places in any 
 parochial or other district within the jurisdiction of this Act, it shall 
 
 be lawful for the said commissioners or trustees, or other persons 
 having the control of the pavement of the said streets and public 
 places, upon complaint thereof to them made by any inhabitant, and 
 after due investigation of such complaint, by notice in writing under 
 the hand or hands of any of their surveyor or surveyors, or of their 
 clerk or clerks for the time being, to order that every or any such 
 hog-stye, necessary-house, slaughter-house, or other matter, being a 
 nuisance, shall be forthwith remedied or removed ; and if the same 
 shall not be remedied or removed within seven days after such notice 
 given to the owner or owners, occupier or occupiers of the premises 
 wherein such nuisance or nuisances shall be situate, or left for him, 
 her, or them at his, her, or their last or usual place or places of abode, 
 or on the said premises, then every such owner or occupier so neglect- 
 ing to remedy or remove such nuisance pursuant to such notice, and 
 to the satisfaction of the said commissioners or trustees or other 
 persons, or of their surveyor or surveyors of the pavements for the 
 time being, shall forfeit and pay the sum of 10 for every such 
 neglect and disobedience ; and also it may be lawful to and for the 
 said commissioners or trustees, or other persons, to indict or cause 
 to be indicted such person or persons so neglecting or disobeying any 
 such notice, at the then next or at any future general or quarter 
 sessions or adjourned quarter sessions of the peace, for the city, 
 borough, or county wherein such parochial or other district may be 
 situate, for such nuisance, or for such disobedience and offence ; and 
 such person or persons being found guilty thereof, such nuisance or 
 nuisances shall be removed, taken down, and abated according to 
 law with regard to public or common nuisances, or may be subject to 
 such punishment for a misdemeanor, as the justices assembled at a 
 general quarter, or adjourned sessions for the said city, borough, or 
 county, may direct. 
 
 68. And be it further enacted, that no person or persons whom- Swine not to 
 soever, at any time or times hereafter, shall breed, feed, or keep any be *ept nor 
 kind (or species of swine in any house, building, yard, garden, or to wander in 
 other hereditaments situate and being in or within forty yards of any the sfcreets (") 
 
 (a) Compare section 91 of 25 & 26 Viet. c. 102, ante, and section 92 et 
 seq., of same Act. 
 
 (b) By 25 & 26 Viet. c. 102, 73, the powers of improving streets, &c., and 
 for the suppression of nuisances given by this Act, are applied to the larger
 
 694 APPENDIX, THE GENERAL PAYING (METROPOLIS) ACT, 1817. 
 
 Section 68. street or public place in any parochial or other district within the 
 ~~~ jurisdiction of this Act, nor shall suffer any kind or species of swine 
 
 belonging to him or them to stray or go about in any street or public 
 place in any parochial or other district within the jurisdiction of this 
 Act ; and that any person or persons who shall so offend, shall forfeit 
 and pay for every such offence the sum of 40s., and shall also forfeit 
 the said swine and every of them unto the commissioners or trustees 
 or other persons having the control of the pavements in any such 
 parochial or other district ; and that it shall and may be lawful for 
 the said commissioners or trustees or other persons, or their surveyor 
 or surveyors, inspector or inspectors, or any other officer or person or 
 persons directed and appointed by them, and for any constables and 
 headboroughs, at all times hereafter all such swine to seize, take, 
 drive, and carry away, and sell for the best price that can be reason- 
 ably had ; and the money thereby produced, after deducting all costs 
 and charges of and incidental to such seizure, removal and sale, to 
 pay to the treasurer or treasurers of the said commissioners or 
 trustees or other persons, or to such other person or persons as the 
 said commissioners or trustees or other persons as aforesaid shall from 
 time to time direct and appoint. 
 
 Lime not to 69. And be it further enacted, that if any person or persons at any 
 be slacked in time or times hereafter shall sift, screen, or slack, or cause to be sifted, 
 the streets. screened, or slacked, any lime in any street or public place in any 
 parochial or other district within the jurisdiction of this Act, or shall 
 cause the same to be done, without the consent of the commissioners 
 or trustees or other persons having the control of the pavements in 
 the streets or public places in such parochial or other district, or of 
 their surveyor or surveyors of pavements for the time being, and 
 without also previously erecting an hoard or inclosure, with the 
 license of the surveyor or surveyors of the pavements in any such 
 parochial or other district first obtained, as directed in any local Act 
 or Acts of parliament relating to any such parochial or other district, 
 or in this Act, and which hoard or enclosure shall inclose all such 
 lime when and as it shall be sifted, screened, or slacked ; then he, 
 she, or they shall forfeit and pay for every such offence a sum not 
 being less than 10s. nor exceeding ,5, to be recovered in the same 
 manner in which other penalties are hereafter directed to be recovered 
 by virtue of this Act. 
 
 Entrances to 79. And be it further enacted, that if at any time or times here- 
 
 ih rS l t ^ ter *^ e owner or owners > occupier or occupiers, of any house, build- 
 
 coamolesto ing, or premises, in any parochial or other district within thejuris- 
 
 e covered diction of this Act, having any iron or wooden rails or bars over the 
 
 ea (a) areag or O p enm g to anv kitchens or cellars or other part or parts of 
 
 his or their house, building, or premises, beneath the surface of the 
 
 foot pavements of any streets or public places in any such parochial 
 
 or other district, or having any doorway or entrance into the base- 
 
 districts namely, the metropolis as defined by the Metropolis Management 
 Act, 1855. Held, that the powers conferred hy the 68th section of this 
 Act, being a power of prevention and not of suppression, did not apply to 
 the larger district ; Vestry of Chelsea v. King, 34 L. J. M. C. 9 ; compare 
 section 91 of Metropolis Management Amendment Act, 1862, imposing a 
 penalty for keeping swine in improper situations, &c. ; also section 8 of 
 Nuisances Removal Act, 1855, and 2 & 3 Viet. c. 47 (Metropolitan Police), 
 s. 60, sub-section 5. 
 (a) See 18 & 19 Viet. c. 120, ss. 101 and 102, ante.
 
 57 GEO. 8, c. 29, s. 70. 695 
 
 ment or cellar story thereof, shall not either keep the same or the Section 70- 
 walls of such kitchens or cellars, in sufficient and good repair, or 
 safely and securely guard and constantly keep the same securely 
 guarded by a rail or rails, or cover the same over with a strong flap 
 or trap-door, according to the nature of the case, and to the satis- 
 faction of the commissioners or trustees or other persons having the 
 control of the pavements in such parochial or other district, or of the 
 surveyor or surveyors of the pavements in any such parochial or other 
 district for the time being, or of any inspectors or other officers or 
 persons appointed by the said commissioners, trustees, or other persons 
 as aforesaid, or some of them, and so as to prevent danger to persons 
 passing and repassing ; or if any such occupier or occupiers do or 
 shall leave open, or not sufficiently and substantially cover and keep 
 covered and secured to such satisfaction as aforesaid, any coal or 
 other hole, funnel, trap-door, or cellar-flap, belonging to or connected 
 with his, her, or their respective houses, buildings, or premises (save 
 and except only during such reasonable time as any coals, wood, 
 casks, or other things shall be putting down or taking out of any 
 such vault or basement story, or during such reasonable time as the 
 flap, trap-door, or covering thereof shall be altering, repairing, or 
 amending) ; or if such owner or owners, occupier or occupiers, shall 
 not repair, and from time to time keep in good and substantial repair, 
 to the satisfaction of the said commissioners or trustees or other 
 persons, or of the said surveyor or surveyors, inspectors, or other 
 persons appointed by the said commissioners or trustees or other 
 persons as aforesaid, all and every or any such iron or wooden rails, 
 guard rails, flaps, trap-doors, and other covering ; then and in every 
 such case the person or persons neglecting so to do shall for every or 
 any such offence forfeit and pay any sum not being less than 40s. 
 nor exceeding 5, to be recovered in such and the same manner in 
 which other penalties are hereafter directed to be recovered by virtue 
 of this Act ; and that in any or either of such cases of neglect, it 
 shall and may be also lawful to and for any two or more of the said 
 commissioners or trustees, or other persons as aforesaid, and without 
 the authority of any public or general meeting, or for their surveyor 
 or surveyors of the pavements for the time being, or for their in- 
 spectors, or for any other person by such commissioners or trustees or 
 other persons appointed as aforesaid, to cause all and every such 
 doorways, entrances, holes, and funnels to be'well and securely covered 
 over and guarded, and all iron or wooden rails, or guard rails, flaps, 
 trap-doors, or coverings, to be well and substantially repaired or 
 renewed, by such person or persons as they shall think proper to 
 employ, and with such materials and in such manner as they or he 
 may direct, and that all the costs, charges, and expenses attending 
 the same be ascertained and certified by the surveyor or surveyors of 
 the pavements, in any such parochial or other district, and shall be 
 borne and paid by the owner or owners, occupier or occupiers, or 
 other person or persons so neglecting to repair and make good the 
 same in manner aforesaid ; and that if such costs, charges, and ex- 
 penses shall not be so paid by such person or persons to the said 
 surveyor or surveyors, or to such other person or persons as he or 
 they shall or may appoint to receive the same within twenty-four 
 hours after an account of the costs, charges, and expenses so ascer- 
 tained and certified shall have been given to or left for such person 
 or persons at or on such houses, buildings, or premises, then double 
 the amount of the sum so certified shall become due and payable 
 from such person or persons, over and above the other penalties 
 hereby imposed, and shall and may be recovered and levied in such
 
 696 
 Section 70. 
 
 Holes exca- 
 vated for 
 vaults to be 
 inclosed. 
 
 Encroach, 
 ments and 
 projections 
 to be regu- 
 lated (a). 
 
 APPENDIX. THE GENERAL PAYING (METROPOLIS) ACT, 1817. 
 
 and the same manner in which any other penalties are hereinafter 
 directed to be recovered, or in which any moneys may be recovered 
 from any water or gaslight companies, or any other persons, for or on 
 account of any costs and charges of relaying any pavements, by virtue 
 of any local Act or Acts of parliament relating to such parochial or 
 other districts, or of this Act. 
 
 71. And be it further enacted, that if at any time or times here- 
 after any person or persons shall dig or make or cause to be dug or 
 made any hole, or leave or cause to be left any hole before any vacant 
 ground, or before or behind or on the side of any house or other 
 tenement or building erected or being erected or about to be erected 
 in and adjoining to any street or public place formed or to be formed 
 or forming in any parochial or other district within the jurisdiction 
 of this Act, for the purposes of making any vault or vaults, or the 
 foundation or foundations to such houses or other buildings, or for 
 any other purpose whatsoever, and shall not forthwith inclose the 
 same in a good and sufficient manner, to the satisfaction of the sur- 
 veyor or surveyors of the pavements for the time being to the com- 
 missioners or trustees or other persons having the control of the 
 pavements in such parochial or other district, or shall keep up or 
 cause to be kept up and continued any such enclosure for any time 
 which shall be longer than shall be absolutely necessary in the 
 opinion of the said commissioners or trustees or other persons as 
 aforesaid, or of their surveyor or surveyors of pavements for the 
 time being, or shall not, when thereunto required by such surveyor 
 or surveyors, or either of them, well and sufficiently fence or inclose 
 any such hole or holes, or area or areas, or space or spaces, opened or 
 left open, and intended for an area or areas, foundation or founda- 
 tions, or for any other purpose whatsoever, in the front of or behind 
 or on the side of such vacant ground, house, or other tenement or 
 building in and adjoining to any such street or public place formed 
 or to be formed or forming, within six hours after he or they shall 
 be required so to do by the said surveyor or surveyors of pavements, 
 and in the manner and with such materials as he or they shall 
 direct, and to his or their satisfaction, then and in every or any such 
 case he or they to offending shall forfeit and pay for every such 
 offence, and for every such refusal or neglect, any sum not being 
 less than 40s. nor exceeding ,5, to be recovered in the same 
 manner in which other penalties are hereinafter directed to be 
 recovered by virtue of this Act. 
 
 72. And be it further enacted, that it shall and may be lawful to 
 and for the said commissioners or trustees or other persons having 
 
 (a) See ss. 101, 102, 119, and 120 of 18 & 19 Viet. c. 120, and 25 & 26 
 Viet. c. 102, ss. 124, 125, ante ; and ss. 153, 154, 156, of City of London 
 Sewers Act, 1849 ; 11 & 12 Viet. c. 163. See also rules as to projections 
 in section 26 of Metropolitan Buildings Act, 18 & 19 Viet. c. 122. It was 
 decided iu a case under the former building Act, 7 & 8 Viet. c. 84, that its 
 provisions did not authorize a projection contrary to this Act, and that a 
 magistrate had power to order its removal ; It. v. Ingham, 17 Q. B. 884. 
 And see _R. v. Pratt, 24 L. T. 235. Power to remove without compensation, 
 was held to be limited to things projecting over the public way, and not to 
 extend to the railings of the area of a house : ouverie v. Miles, 1 B. & 
 Ad. 38,
 
 57 GEO. 3, c. 29, s. 72. 697 
 
 the control of the pavements of the streets and public places in any Section 72. 
 
 parochial or other district within the jurisdiction of this Act, and for 
 
 their surveyor or surveyors of pavements, from time to time and at 
 all times hereafter to regulate or remove, in such manner as he or 
 they shall from time to time judge proper, all signs, sign irons, sign 
 posts, and other posts, sheds, penthouses, spouts, gutters, steps, stairs, 
 cellar doors, bow and other windows, projecting over any part of 
 either of the footways or carriage-ways of any of the said streets or 
 public places, window shutters, stumps, shades, rails, pales, palisades, 
 porches, bulks, show glasses and show boards, pools, cesspools, cisterns 
 and reservoirs for water, and all other or any fixed or moveable pro- 
 jections, on hinges or otherwise, from the fronts or sides of any house 
 or houses or other buildings, and now affixed or belonging to, or 
 which shall be hereafter affixed or belonging to any house or houses 
 or other buildings in or abutting upon or contiguous to any streets or 
 public places in any parochial or other district within the jurisdiction 
 of this Act, or to the owner or owners or occupier or occupiers of any 
 such houses or other buildings, and which in the judgment of the said 
 commissioners or trustees or other persons as aforesaid, or of their 
 surveyor or surveyors of pavements for the time being, then do or 
 may obstruct the circulation of light and air, or are inconvenient or 
 incommodious to any passengers along the carriage or foot ways of 
 any of the said streets or public places of or within the jurisdiction 
 of this Act, or any part thereof, or to any inhabitants of such paro- 
 chial or other district ; and that the same, and all the roofs, cornices, 
 eaves, and penthouses of or belonging to such houses or buildings 
 respectively, and all water pipes or trunks affixed or belonging or to 
 be affixed or belonging to any such houses or other buildings respec- 
 tively, shall from time to time and at all times be regulated, removed, 
 placed, and altered by the owner or owners or occupier or occupiers 
 of such houses or other buildings respectively, as in the judgment of 
 the commissioners or trustees or other persons as aforesaid, or their 
 surveyor or surveyors of the pavements for the time being, shall be 
 necessary or desirable for the public convenience ; and that in case any 
 person or persons owning or occupying any house or houses or other 
 buildings in or abutting upon or contiguous to any streets or public 
 places in any parochial or other district within the jurisdiction of 
 this Act, on being recjuired by any notice signed by any three or more 
 commissioners or trustees or other persons having the control of the 
 pavements in the parochial or other district within which the said 
 house or houses or buildings may be situate, or by their surveyor or 
 surveyors of pavements for the time being, given to or left for such 
 person or persons, or any of them, in or at or upon the said house or 
 houses or other buildings or any of them, or at his or their usual or 
 last known place or places of abode, shall not from time to time and 
 at all times immediately either entirely remove or alter, to the satis- 
 faction of the said commissioners or trustees or other person having 
 the control of the pavements in any such parochial or other district, 
 or of their surveyor or surveyors of the pavements for the time being, 
 any signs, sign irons, sign posts, and other posts, sheds, penthouses, 
 spouts, gutters, steps, stairs, cellar doors, bow and other windows, 
 window shutters, stumps, shades, sun blinds, awnings, rails, pales, 
 palisades, porches, bulks, show glasses and show boards, pools, cess- 
 pools, cisterns, and reservoirs, or other things then fastened or affixed, 
 or belonging to or connected with any such house or houses or other 
 buildings, and all other fixed or moveable projections or things pro- 
 jecting from the fronts or sides of, or added or appendarit or belong- 
 ing to any house or houses or other buildings, or to the owner or
 
 698 
 
 Section 72. 
 
 Slop to be 
 carried only 
 in covered 
 
 Certain 
 
 nuisances 
 
 fineable. 
 
 APPENDIX, THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 owners or occupier or occupiers of any such house or houses or other 
 buildings, over any footways or carriageways of any streets or public 
 places within the jurisdiction of this Act, or any part, or any of them, 
 and the roofs, cornices, eaves and penthouses, waterpipes or trunks, 
 affixed or to be affixed, or belonging or to belong unto or connected 
 with any of such houses or buildings respectively ; then and in every 
 such case any and every such person or persons refusing or neglecting 
 immediately so to do, to the satisfaction of the said commissioners or 
 trustees or other persons as aforesaid, or of their surveyor or surveyors 
 of the pavements for the time being, shall for every such offence, and 
 upon every such refusal or neglect, forfeit and pay a sum not being 
 less than 40s. nor exceeding .5, and which may be recovered in the 
 same manner in which other penalties are hereinafter directed to be 
 recovered by virtue of this Act. 
 
 73. And be it further enacted, that if any person or persons at any 
 time or times hereafter shall drive or cause to be driven any cart or 
 other carnage with any soap lees, night soil, ammoniacal liquor, slop, 
 filth, or channel mire or dirt therein, through or in any of the streets 
 or other public places in any parochial or other district within the 
 jurisdiction of this Act, without such cart or other carriage having a 
 proper covering or boards called flash boards, to prevent the same from 
 slopping or spilling in any of the said streets or other public places ; 
 or sha] at any time or times hereafter drive or cause to be driven any 
 cart or other carriage with any soap lees, night soil, or ammoniacal 
 liquor therein, through or in any of the streets or public places in any 
 parochial or other district within the jurisdiction of this Act, between 
 the hours of six of the clock in the morning and eight of the clock 
 in the evening of any day ; or shall fill any such covered cart or other 
 carriage, so as to turn over or cast any soap lees, night soil, ammo- 
 niacal liquor, slop, mire, or channel dirt or filth, in or upon any of the 
 said streets or other public places ; it shall and may be lawful for 
 any person or persons whomsoever to seize and apprehend and to 
 assist in seizing and apprehending the offender or offenders, and by 
 the authority of this Act, and without any other warrant or authority, 
 to convey him or them before some justice of the peace for the city, 
 borough, or county wherein such parochial or other district shall be 
 situate ; and which justice is hereby authorized and required to hear 
 evidence and determine upon such offence ; and every person so 
 offending shall for every such offence forfeit and pay the sum of 5, 
 to be recovered in the same manner as other penalties are hereinafter 
 directed to be recovered by virtue of this Act : Provided always, that 
 in case the person or persons so offending cannot be apprehended, 
 then the owner or owners of such cart or carriage in which such soap 
 lees, night soil, ammoniacal liquor, slop, filth, mire, or channel dirt 
 shall be put or placed, and also the employer or employers of the 
 person or persons so offending, shall be liable to and shall forfeit and 
 pay such penalty as aforesaid, to be recovered as aforesaid. 
 
 74. And be it further enacted, that if any person or persons at any 
 time or times hereafter shall empty or begin to empty any bog-house 
 or bog-houses, or to take away any night soil from any house or 
 houses or premises within the streets or other public places in any 
 parochial or other district within the jurisdiction of this Act, or shall 
 come with carts or carriages for that purpose (save and except between 
 the hours of twelve of the clock in the night and five of the clock in 
 the morning from Lady-day to Michaelmas in every year, and between 
 twelve of the clock at night and six of the clock in the morning from
 
 57 GEO. 3, c. 29, ss. 74, 75. 699 
 
 Michaelmas to Lady-day in every year) ; or if any person or persons Section 74, 
 shall put up or cast or cause to be put or cast out of any cart or tub 
 or otherwise any night soil in or near any of the streets or other 
 public places in any parochial or other district within the jurisdiction 
 of this Act, it shall be lawful for any constables, headboroughs, patrols, 
 beadles, or watchmen (and they are hereby strictly charged and re- 
 quired and directed so to do), or for any other person or persons 
 whomsoever, without any warrant or other authority than this Act, 
 to apprehend and carry any person or persons guilty of the said 
 offences, or either of them, to any watchhouse of the parochial or other 
 district wherein such offence shall have been committed, or to any 
 other place of confinement or security, and from thence to convey 
 him, her, or them, as soon as conveniently may be, before some 
 justice of the peace, for the city, borough, or county wherein such 
 parochial or other district shall be situate, who (upon oath or affirma- 
 tion made of such offence or offences as aforesaid) shall commit every 
 such offender or offenders to the house of correction for the same city, 
 borough, or county wherein such parochial or other district shall be 
 situate as aforesaid, for any time not exceeding thirty days, to be com- 
 puted from the day of commitment ; and the owner or owners of any 
 carts, carriages, horses, or beasts employed in and about emptying or 
 removing such night soil, or coming for that purpose (save and except 
 within the hours hereby allowed), or the employer or employers of 
 any person or persons who shall so put or cast out any such night 
 soil, shall forfeit the sum of b for every such offence ; and any 
 person or persons may seize such carts or carriages, or the horses or 
 beasts drawing the same, with the gears, harness, and accoutrements, 
 and remove or take such carts or carriages, horses or beasts, to such 
 place in the said parochial or other district, as may be appointed for 
 such or similar purposes, if any such there be, or otherwise to such 
 place or places as the surveyor or surveyors of the pavements of such 
 parochial or other district shall order and direct, there to be detained 
 until the owner or owners, employer or employers, shall pay the said 
 penalty, together with all costs, charges and expenses incurred in and 
 about or relating to the seizure, removing, and keeping the said carts 
 or carriages or horses, or in any manner incident thereto ; and in 
 case the same shall not be demanded, and the said penalty, and all 
 such costs, charges, and expenses, to be ascertained and determined 
 by the surveyor or surveyors of the pavements of the said parochial 
 or other district for the time being, and within five days next after 
 such seizure, then it shall be lawful for such surveyor or surveyors 
 to order the same to be appraised and sold, and the money arising 
 therefrom shall be applied in payment of such penalty and costs, 
 charges and expenses ; and after deducting the same, the overplus, as 
 so ascertained by the said surveyor or surveyors, may be paid to the 
 owner or owners thereof, when he or they shall apply for the same ; 
 and also that one moiety of such penalty shall belong to and shall be 
 paid to or among the person or persons giving information of such 
 offences, or any of them, and apprehending the offender or offenders, 
 and seizing, removing, and detaining such carts or carriages, and 
 horses or beasts, as hereinbefore is authorized and directed. 
 
 75. And be it further enacted, that no person or persons whomso- Hoards to be 
 
 ' erected but 
 
 not without 
 
 (a) A ladder placed against a house for the purpose of whitewashing, was ' eave W 1 
 held not to be within this provision ; Davey v. Warne, 14 M. & W. 199. 
 See 18 & 19 Viet. c. 120, s. 122, ante.
 
 700 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 75, ever shall erect, place, set up, or build, in any street or other public 
 place in any parochial or other district within the jurisdiction of this 
 Act at any time or times hereafter, any hoard or scaffolding, or 
 place or erect any posts, bars, rails, boards, or other thing, by way 
 of inclosure, for the purpose of making mortar, or of depositing or 
 sifting, screening or slacking any bricks, stone, lime, sand, or any 
 other materials for building or repairing any house or other tenement 
 or erection, or for other works, or for any other purpose, without 
 leave or licence first had and obtained under the hand or hands of 
 the surveyor or surveyors for the time being of the pavements of such 
 parochial or other district, who is and are hereby required to grant 
 the same forthwith for the purpose of making mortar, and depositing 
 or sifting, screening, or slacking any bricks, stone, lime, sand, or any 
 other materials for building or repairing any house or other tene- 
 ment or erection specifying therein the length of time for which the 
 same when so erected or set up may be continued, and giving such 
 other directions respecting the same as he or they may think neces- 
 sary, on being paid by every person so applying for such licence the 
 sum of 2s. 6d. ; and that if any person or persons shall erect, place, 
 set up, or build, or cause or permit to be erected, placed, set up, or 
 built, any such hoard or scaffolding, or any inclosure, posts, bars, or 
 rails, or any other matter or thing for the purposes aforesaid, or for 
 any other purpose, without the leave or licence, signed as aforesaid, 
 of the said surveyor or surveyors of the pavements so had and 
 obtained, or shall erect, set up, or build the same, or cause or permit 
 the same to be set up or erected in any other manner, or to be con- 
 tinued for any longer time than shall be allowed or expressed in such 
 licence, then and in either of the said cases such person or persons, or 
 the person or persons by whom he or they shall or may be employed, 
 shall forfeit and pay the sum. of 10s. for every day that the same shall 
 have been and shall be set up and continued ; and also that it shall 
 and may be lawful for the said commissioners or trustees or other 
 persons having the control of the pavements of such parochial or 
 other district, or for the said surveyor or surveyors of the pavements 
 for the time being, to cause the same to be pulled down and removed, 
 and the same and all the materials thereof, and of every part thereof, 
 to be kept and detained until such person or persons shall and do pay 
 to the said surveyor or surveyors of the pavements, or tofthe person or 
 persons in whose custody the same shall be, all the penalties incurred 
 by such person or persons, together with the charges of pulling down, 
 removing, and keeping the same, to be ascertained and determined 
 by the said surveyor or surveyors ; and in case the same shall not be 
 claimed, and the said penalties and charges aforesaid shall not be paid 
 within the space of five days next after the pulling down and removal 
 thereof, then it shall and may be lawful to and for the said commis- 
 sioners or trustees, or other persons as aforesaid, or for their surveyor 
 or surveyors of the pavements, to order or cause the same to be 
 appraised and sold ; and the money arising therefrom, after deduct- 
 ing all the said charges, shall be paid to the treasurer or treasurers of 
 the said commissioners or trustees or other persons as aforesaid, or to 
 such other person or persons as they from time to time shall or may 
 direct or appoint. 
 
 Courts may 79. And whereas there are in certain parochial or other districts 
 
 be stopped within the jurisdiction of this Act certain courts, alleys, and places 
 
 up with the which, without inconvenience to the public, might be discontinued 
 
 approbation and stopped up, and which, from their private and confined situation, 
 
 of two or and by being harbours or receptacles for filth and rubbish, are
 
 57 GEO. 3, c. 29, ss. 79, 80. 70l 
 
 noisome and offensive ; Be it therefore further enacted, that if upon Section 79. 
 
 ' for 
 
 the city, borough, or county wherein such court, alley, or place may ore J us " 
 be situate, it shall to them appear that any such court, alley, or ? 
 place is become unnecessary, and may, without inconvenience to the wv , e 
 public, or to the owners of houses or tenements adjoining thereto, be ^ n ^g 
 discontinued and stopped up, then and in such case it shall and may owners e 
 be lawful to and for such justices, by and with the consent of the con ticruous 
 commissioners or trustees, or other persons having the control of the 
 pavements of the streets and public places in such parochial or other 
 district, testified by writing under the hand of the clerk or clerks to 
 such commissioners or trustees, or other persons as aforesaid for the 
 time being, and by and with the consent of the owner and owners 
 of the houses, lands, or tenements adjoining to four parts in five in 
 the length of any such court, alley, or place, testified by writing 
 under his, her, or their hand or hands, at any special session to be 
 holden for that purpose, by order under the hands and seals of such 
 justices, to discontinue and stop up any and every such court, alley, 
 or place ; and all such courts, alleys, and places, or such proportion 
 thereof as may ad join to the houses or tenements of such person who 
 shall have so consented, shall be discontinued and stopped up accord- 
 ingly, subject to appeal as hereinafter is mentioned : Provided 
 always, that nothing herein contained shall extend or be construed 
 to extend so as to authorize the discontinuing or stopping up any 
 court, alley, or place, or any part or parts thereof, whereby or in con- 
 sequence Avhereof any house, tenement, or land shall be so inclosed 
 (unless with such consent as aforesaid) that the owner or owners 
 thereof shall be prevented from passing freely to and repassing freely 
 from such house, tenement, or land. 
 
 80. And be it further enacted, that for the improvement of the Streets may 
 streets and public places in the parochial or other districts within the be widened 
 jurisdiction of this Act, and for the public advantage, it shall and an ^ im- 
 may be lawful to and for the commissioners or trustees, or other proved with 
 
 sons having the control of the pavements of any parochial or other 
 trict, from time to time, and at all times hereafter, to alter, widen, 
 turn, or extend any of the streets or other public places within any 
 such parochial or other district (except turnpike roads), and to 
 lengthen and continue or open the same from the sides or ends of 
 any streets or public places within any parochial or other district, 
 into any other street or public place within such or any other paro- 
 chial or other district, and to raise, level, lower, drain, ballast, gravel, 
 or pave such new part or parts of any such streets or public places so 
 altered, widened, extended, opened, or lengthened as aforesaid ; and 
 that if any houses, walls, buildings, lands, tenements, and heredita- 
 ments, or any part thereof, shall be adjudged by the said commis- 
 sioners or trustees, or other persons as aforesaid, to project into, 
 obstruct, or prevent them from so altering, turning, widening, extend- 
 ing, lengthening, continuing, or opening the said streets or public 
 places within the said parochial or other district, and that the pos- 
 session, occupation, and purchase of such houses, walls, buildings, 
 lands, tenements, or hereditaments will be necessary for that pur- 
 pose, it shall and may be lawful to and for the said commissioners or 
 trustees, or other persons as aforesaid, and they shall have full power 
 and authority to treat, contract, and agree, or to employ any person 
 or persons to treat, contract, and agree with the several owner or 
 owners, occupier or occupiers of all such houses, walls, buildings, 
 lands, and hereditaments, of whatsoever nature, tenure, kind, or 
 
 consen t of 
 owners -
 
 702 
 
 Section 80. 
 
 Corporate 
 or collegiate 
 bodies and 
 incapaci- 
 tated persons 
 enabled to 
 sell. 
 
 When par- 
 ties refuse 
 or are un- 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 quality, for the purposes aforesaid, and to pay for the same such sum 
 and sums of money as shall be agreed upon by the said commis- 
 sioners or trustees, or other persons as aforesaid, and the owner or 
 owners, occupier or occupiers thereof, out of the money to arise and 
 be raised and to be received by them, either by virtue of any local 
 Act or Acts of parliament relating to such parochial or other districts, 
 or of this Act, and to pull down, use, sell, or dispose of such houses, 
 walls, and buildings, and the materials thereof, and lay the sites 
 thereof, and also such other lands, tenements, or hereditaments, or so 
 much thereof as they the said commissioners or trustees, or other 
 persons as aforesaid, shall think proper, into the said streets, or other 
 public places ; and all such new parts of such streets or public 
 places, and the owners and occupiers of houses and buildings, mes- 
 suages, and other hereditaments therein and adjoining thereto, shall 
 be subject and liable to all the rates, assessments, powers, provisions, 
 orders, clauses, and things to be made by virtue of or contained in 
 any local Act or Acts of parliament relating to such parochial or 
 other district, or by virtue of or contained in this Act in the same 
 manner as the present streets and public places included in any such 
 local Act or Acts, or within the jurisdiction of this Act, and the 
 owners and occupiers of houses or buildings, and messuages or other 
 hereditaments therein and adjoining thereto. 
 
 81. And be it further enacted, that it shall and may be lawful for 
 all bodies politic, corporate, or collegiate, corporations aggregate or 
 sole, tenants for life or in tail, or others having a partial or qualified 
 interest or estate in any houses, lands, tenements, or hereditaments, 
 husbands, femes covert, guardians, trustees, and feoffes in trust for 
 charities or other purposes, committees, executors, or administrators, 
 and all other persons whomsoever, not only on behalf of themselves, 
 and their respective heirs, executors, administrators, and successors, 
 but also on behalf of all persons entitled in reversion or remainder 
 expectant on an estate tail, and on behalf of all persons entitled in 
 reversion or remainder expectant on an estate for life, or other less 
 estate, or by way of executory devise, in case such persons shall be 
 incapacitated or decline to treat, and on behalf of their respective 
 wives and cestuique trusts, whether infants, issue unborn, lunatics, 
 idiots, femes covert or others, and for all and every other person or 
 persons whomsoever who are and shall be seised, possessed of, or 
 interested in any such houses, lands, tenements, or hereditaments, to 
 treat and agree with the said commissioners or trustees, or other 
 persons having the control of the pavements in the streets or public 
 places in any parochial or other district within the jurisdiction of 
 this Act as aforesaid, for the absolute sale thereof, and to sell and 
 convey to the said commissioners or trustees, or other persons as 
 aforesaid, by feoffment, lease and release, or bargain and sale, by deed 
 indented and enrolled in any of His Majesty's courts of record at 
 Westminster, for such valuable consideration as shall be bond fide 
 agreed upon for such houses, lands, tenements, or hereditaments as 
 shall be adjudged necessary and convenient for the purposes afore- 
 said ; and that all contracts, agreements, sales, or conveyances which 
 shall be bond fide made for the purposes aforesaid, shall be good and 
 eifectual in the law to all intents and purposes ; anything to the con- 
 trary thereof in anywise notwithstanding. 
 
 82. And be it further enacted, that if any body or bodies politic, 
 corporate, or collegiate, or any other person or persons seised or pos- 
 sessed of or interested in any such houses, buildings, lands, tenements,
 
 57 GEO 8, o. 29, s. 82. 703 
 
 or hereditaments as aforesaid, shall refuse to treat or agree, or shall Section 82- 
 not agree, or by reason of absence or disability cannot agree with the 
 
 said commissioners or trustees or other persons having the control of * e , ^ 
 the pavements of any streets or public places in any parochial or l^c otto* 
 other district within the j urisdiction of this Act, or with any person P j g ^ i f or 
 or persons authorized by them, for the sale and conveyance of their i m p anne i. 
 respective estates and interest therein, or cannot be found or known, un ~ a j ur y 
 or shall not produce and evince a clear title to the premises they are 
 in possession of, or to the interest they claim therein, to the satisfac- 
 tion of the said commissioners or trustees or other,persons as aforesaid, 
 or of the person or persons so authorized by them, then and in every 
 such case it shall be lawful for the said commissioners or trustees or 
 other persons as aforesaid, and they are hereby required to issue a 
 warrant or warrants, precept or precepts, directed to the sheriff or 
 sheriffs, or bailiff or other proper officer of the city, borough, or 
 county wherein the premises shall respectively lie or be, who is 
 hereby authorized, directed, and required accordingly to impannei, 
 summon, and return a competent number of substantial and disin- 
 terested persons qualified to serve on juries, not less than forty-eight 
 nor more than seventy-two ; and out of such persons so to be impan- 
 nelled, summoned, and returned, a jury of twelve men shall be drawn I . , 
 
 by some indifferent person to be by the said commissioners or 
 trustees or other persons as aforesaid appointed, in such manner as 
 juries for the trial of issues joined in His Majesty's courts at West- 
 minster are by an Act made in the third year of the reign of His 
 late Majesty King George the second, intituled " An Act for the w ho are to 
 better Regulation of Juries," are directed to be drawn ; which be drawn as 
 persons, so to be impannelled, summoned, and returned as aforesaid, 3 Geo. 2, 
 are hereby required to come and appear before the justices of the c. 25, directs 
 peace for the city, borough, or county wherein the premises shall lie () 
 or be, at some court of general or quarter sessions of the peace to be 
 holden in and for the same city, borough, or county, or at some 
 adjournment thereof, as in such warrant or warrants, precept or pre- 
 cepts, shall be directed and appointed, and to attend such court of 
 general or quarter sessions from day to day until discharged by the 
 said court ; and all parties concerned shall and may have their Jurymen 
 lawful challenges against any of the said jurymen, but shall not be at may be 
 liberty to challenge the array ; and the said justices are hereby challenged, 
 authorized and empowered, by precept or precepts, from time to time 
 as occasion shall require, to call before them all and every person and 
 persons whomsoever who shall be thought proper and necessary to be 
 examined as a witness or witnesses on his, her, or their oath or oaths, 
 touching or concerning the premises ; and the said justices, if they justices 
 think tit, shall and may, on the application of either party, likewise on the ' 
 authorize the said jury to view the place or places or premises in application 
 question, in such manner as they shall direct ; and the said justices of either 
 shall have power to adjourn such court from day to day as occasion party, may 
 shall require, and to command such jury, witnesses, and parties to direct a 
 attend until all such affairs for which they were summoned shall be view of the 
 concluded ; and the said jury upon their oaths (which oaths, as also premises, 
 the oaths of such person or persons as shall be called upon to give Jury to 
 evidence, the said justices are hereby empowered and required to assess the 
 administer) shall inquire of the value of such houses, buildings, value on 
 
 (a) The law relating to juries is consolidated by 6 Geo. 4, c, 50, and 
 amended by 25 & 26 Viet. c. 107 j 33 & 34 Viet. c. 77, and 34 & 35 Viet. 
 c.2.
 
 r 04 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 82. lands, tenements, or hereditaments, and of the proportionable value of 
 
 the respective estates and interest of all and every person and persons 
 
 seised or possessed thereof, or interested therein, or of or in any part 
 or parts thereof, and shall assess and award the sum or sums of 
 money to be paid to such person or persons, party or parties 
 respectively, for the purchase of such houses, buildings, lands, tene- 
 ments, or hereditaments, and of such respective estates and interest 
 therein, and also for goodwill, improvements, or any injury or 
 damage whatsoever that may affect any such person or persons, party 
 or parties, either as leaseholders or tenants at will, provided that such 
 goodwill shall be estimated by what, in the opinion of such jury, 
 the same would have been worth in case the improvements intended 
 by this Act had not been in contemplation ; and the said justices 
 shall and may give judgment for such sum or sums of money so to be 
 which verdict or verdicts, and the judgment and judg- 
 
 Verdict of 
 the jury, 
 &c., to be 
 final, pre- 
 vious notice 
 being given 
 to the 
 parties 
 interested. 
 
 If the sum 
 assessed 
 shall not 
 exceed the 
 sum offered, 
 
 the costs 
 of such 
 assessment, 
 &c., to be 
 paid by 
 such body 
 politic, 
 &c., 
 
 and the 
 commis- 
 sioners, &c., 
 may retain 
 the same 
 
 ments, determination and determinations thereupon (notice in writ- 
 ing being given to the person or persons interested or claiming so to 
 be, at least fourteen days before the time of the meeting of the said 
 justices as aforesaid and jury, by leaving such notice at the dwelling 
 house of such person and persons, or at his, her, or their last usual 
 place or places of abode, or with some tenant or occupier of the pre- 
 mises respectively intended to be valued), shall be binding and con- 
 clusive to all intents and purposes whatsoever against all bodies 
 politic, corporate, and collegiate, and all and every person and 
 persons claiming any estate, right, title, trust, use, or interest, in, to, 
 or out of such houses, buildings, lands, tenements, or hereditaments 
 and premises in possession, reversion, remainder, or expectancy, as 
 well infants and issue unborn, lunatics, idiots, and femes covert, and 
 persons under any other legal incapacity or disability, as all other 
 eestuique trusts, their, his, and her heirs, successors, executors, and 
 administrators, and against all other persons whomsoever ; and the 
 said verdicts, judgments, and determinations, and all other proceed- 
 ings of the said justices and juries, so to be made, given, and pro- 
 nounced as aforesaid, shall be fairly written, on parchment, and 
 signed by the clerk of the peace for the time being of the city, 
 borough, or county wherein the premises shall respectively lie or be ; 
 and in case it shall so happen that the sum or sums of money so to be 
 assessed and awarded in consequence of such refusal to treat and 
 agree as aforesaid, as the value of such houses, buildings, lands, tene- 
 ments, or hereditaments, or as such proportional value as aforesaid, 
 and as the recompense and* satisfaction to be made for the injury or 
 damage sustained as before mentioned respectively, shall not exceed 
 the sum or sums of money which the said commissioners or trustees, 
 or other persons as aforesaid, or any person or persons authorized by 
 them, shall have previously offered to pay as and for such value, 
 recompense, and satisfaction ; then and in every such case all the 
 reasonable costs, charges, and expenses of causing and procuring such 
 value and recompense to be assessed and awarded as aforesaid, and 
 also assessing and awarding the same, shall be borne and paid by the 
 body or bodies politic, corporate, or collegiate, or other person or 
 persons so seised or possessed of or interested in such houses, build- 
 ings, lands, tenements, or hereditaments, and so refusing to treat and 
 agree as before mentioned respectively ; and the said commissioners 
 or trustees, or other persons as aforesaid, are hereby authorized and 
 empowered to deduct and retain the said costs, charges, and expenses 
 out of the sum or sums of money so to be assessed or awarded as 
 aforesaid, or out of any part thereof : Provided always, that in all cases 
 where any person or persons shall by reason of absence have been pre-
 
 57 GEO. 3, c. 29, ss. 82 84. 705 
 
 vented from treating about such recompense or satisfaction as afore- Section 82. 
 said, such costs and charges shall be borne and paid by the said , 777" 
 commissioners or trustees, or other persons as aforesaid, in manner ' 
 aforesaid. 
 
 83. And be it further enacted, that the said justices shall have Justices em- 
 power from time to time to impose any reasonable fine, not exceeding powered to 
 the sum of ,20, on such sheriff or bailiff, or his deputy or deputies, impose fines 
 bailiffs or agents respectively, making default in the premises, and on ** 
 
 any of the persons who shall be summoned and returned on any such attendancc - 
 
 jury or juries, and shall not appear, without sufficient excuse, or 
 
 appearing shall refuse to be sworn on the said jury or juries, or being 
 
 so sworn shall not give his or their verdict ; and also on any person 
 
 or persons who shall be summoned to give evidence touching any of 
 
 the matters aforesaid, and shall not attend, or attending shall refuse 
 
 to be sworn, or to affirm, or who shall refuse to give his, her, or their 
 
 evidence, and on any person or persons who shall in any other 
 
 manner wilfully neglect his, her, or their duty in the premises, con- 
 
 trary to the true intent and meaning of this Act ; and from time to 
 
 time to levy such fine or fines, by order of the said justices, by dis- 
 
 tress and sale of the offender's goods and chattels, together with the 
 
 reasonable charges of every such distress and sale, returning the 
 
 overplus (if any) to the owner or owners ; and that a copy of the 
 
 order of the said justices, signed by the clerk of the peace for the 
 
 time being of the city, borough, or county wherein the premises shall 
 
 lie or be, as the case shall require, shall respectively be sufficient au- 
 
 thority to the person or persons therein to be appointed, and to 
 
 every other person acting or aiding and assisting therein, to make 
 
 such distress and sale ; and all such fines shall be paid to the 
 
 treasurer or treasurers of the commissioners or trustees, or other 
 
 pel-sons as aforesaid, having the control of the pavements in the 
 
 parochial or other district wherein such premises shall lie or be, or 
 
 to such other person or persons as they may respectively from time 
 
 to time appoint. 
 
 84. And be it further enacted, that if any money shall be agreed Application 
 or awarded to be paid for any lands, buildings, tenements or here- of compen- 
 ditaments, or for any other matter, right, or interest, of what nature sation where 
 or kind soever, purchased, taken, or used by virtue of the powers exceeding 
 of this Act for the purpose thereof, which shall belong to any corpora- 200. (a) 
 tion, feme covert, infant, lunatic, or person or persons under any other 
 disability or incapacity, such money shall, in case the same shall 
 
 amount to the sum of .200, with all convenient speed be paid into 
 the Bank of England, in the name and with the privity of the 
 accountant general of the high court of chancery, to be placed to his 
 account there ex parte the said commissioners or trustees, or other 
 persons having the control of the pavements of the streets or public 
 places in the parochial or other districts within the jurisdiction of this 
 Act, wherein such lands, buildings, tenements, or hereditaments shall 
 be or lie as aforesaid, together with the name or names of such per- 
 son or persons as the said commissioners or trustees or other persons 
 
 (a) The court has jurisdiction under sections 84 & 85 of this Act, to order 
 payment of the costs of an interim investment in lands (including the costs 
 of a petition) of the purchase money of land taken by a district board of 
 works under this Act : Re Merceron, L. E. 7 Ch. D. 184; Be Saunters' a 
 Estate, L. R. 8 Eq. 681, considered. 
 
 2 z
 
 706 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 84. as a f res aicl, by writing signed by them, shall direct and appoint, to 
 the intent that such money shall be applied, under the direction and 
 with the approbation of the said court, to be signified by an order 
 made xvpon a petition to be preferred in a summary way by the 
 person or persons who would have been entitled to the rents and 
 profits of the said lands, buildings, tenements, or hereditaments, in 
 the purchase of land tax, or discharge of any debt or debts, or such 
 other incumbrance or part thereof as the said court shall authorize to 
 be paid, affecting the same lands, buildings, tenements, or heredita- 
 ments, or affecting other lands, buildings, tenements, or hereditaments 
 standing settled therewith to the same or the like uses, intents, or 
 purposes ; or where such money shall not be applied, then the same 
 shall be laid out and invested, under the like direction and approba- 
 tion of the said court, in the purchase of other messuages, lands, 
 buildings, tenements, or hereditaments, which shall be conveyed and 
 settled to, for, and upon such and the like uses, trasts, intents, and 
 purposes, and in the same manner, as the messuages, lands, build- 
 ings, tenements, and hereditaments which shall be so purchased, taken, 
 or used as aforesaid, stood settled or limited, or such of them as at 
 the time of making such conveyance and settlement shall be existing 
 undetermined and capable of taking effect ; and in the meantime and 
 until such purchase shall be made, the said money shall, by order of 
 the court of chancery, upon application thereto, be invested by the 
 said accountant-general, in his name, in the purchase of ,3 per 
 centum Consolidated or ,3 per centum Reduced Bank Annuities; and 
 in the meantime and until the said bank annuities shall be ordered 
 by the said court to be sold for the purposes aforesaid, the dividends 
 and annual produce of the said consolidated or reduced bank annui- 
 ties shall from time to time be paid, by order of the said court, to the 
 person or persons who would for the time being have been entitled to 
 the rents and profits of the said lands, buildings, tenements, and 
 hereditaments so hereby directed to be purchased, in case such pur- 
 chase or settlement were made. 
 
 Application 
 where the 
 compensa- 
 tion does not 
 exceed 200. 
 nor less than 
 20. 
 
 85. Provided always, and be it further enacted, that if any money 
 so agreed or awarded to be paid for any lands, buildings, tenements, 
 or hereditaments, or for any other matter, right, or interest, of Avhat 
 nature or kind soever, purchased, taken, or vised for the purposes 
 aforesaid, and belonging to any corporation, or to any person or per- 
 sons under disability or incapacity as aforesaid, shall be less than the 
 sum of 200, and shall exceed the sum of 20, then and in all such 
 cases the same shall, at the option of the person or persons for the 
 time being entitled to the rents and profits of the hereditaments so 
 purchased, taken, or used, or of his, her, or their guardian or 
 guardians, committee or committees, in case of infancy or lunacy, to 
 be signified in writing under their respective hands, be paid into 
 the bank in the name and with the privity of the said accountant- 
 general of the high court of chancery, and be placed to his account as 
 aforesaid, in order to be applied in manner hereinbefore directed ; or 
 otherwise the same shall be paid, at the like option, to two trustees, 
 to be nominated by the person or persons making such option, and 
 approved of by the said commissioners or trustees or other persons as 
 aforesaid (such nomination and appropriation to be signified in 
 writing under the hands of the nominating and approving parties), in 
 order that such principal money, and the dividends arising thereon, 
 may be applied in any manner hereinbefore directed, so far as the 
 case may be applicable, without obtaining or being required to obtain 
 the direction or approbation of the court of chancery.
 
 57 GEO. 3, c. 29, ss. 8689. 
 
 707 
 
 86. Provided also, and be it further enacted, that where such Section 86. 
 money so agreed or awarded to be paid as next before mentioned . - 
 shall be less than 20, then and in all such cases the same shall be Application 
 applied to the use of the person or persons who would for the time wnere c 
 being have been entitled to the rents and profits of the hereditaments 
 and premises so purchased, taken, or used for the purposes of this 
 Act, in such manner as the said commissioners or trustees, or other 
 persons as aforesaid, shall think fit ; or in case of infancy or lunacy, 
 then to his, her, or their guardian or guardians, committee or com- 
 mittees, to and for the use and benefit of such person or persons so 
 entitled respectively. 
 
 87. And be it further enacted, that upon payment of any sum or 
 sums so agreed or awarded to the party or parties to whom the same 
 shall be so awarded, or upon the deposit of the same in the Bank of 
 England in manner by this Act directed (as the case may be), the 
 said lands, tenements, and hereditaments, in respect whereof the 
 same shall have been so paid or deposited as aforesaid, shall vest in 
 the commissioners or trustees, or other persons as aforesaid for the 
 time being, in manner and for the purposes aforesaid, who shall be 
 deemed in law to be in the actual possession thereof to all intents 
 and purposes whatsoever, freed and discharged from all former 
 and other estates, rights, titles, interests, claims, and demands 
 whatsoever. 
 
 88. Provided always, and be it further enacted, that where any 
 question shall arise touching the title of any person to any money to 
 be paid into the Bank of England in the name and with the privity 
 of the accountant-general of the court of chancery, in pursuance of 
 this Act, for the purchase of any lands, tenements, or hereditaments, or 
 of any estate, right, or interest in any hinds, tenements, or heredita- 
 ments to be purchased in pursuance of this Act, or to any bank 
 annuities to be purchased with any such money, or the dividends or 
 interest of any such bank annuities, the person or persons who shall 
 have been in possession of such lands, tenements, or hereditaments 
 at the time of such purchase, and all persons claiming under such 
 person or persons, or under the possession of such person or persons, 
 shall be deemed and taken to have been lawfully entitled to such 
 lands, tenements, or hereditaments, according to such possession, 
 until the contrary shall be shown to the satisfaction of the said court 
 of chancery ; and the dividends or interest of the bank annuities to 
 be purchased with such money, and also the capital of such bank 
 annuities, shall be paid, applied, and disposed of accordingly, unless 
 it shall be made appear to the said court that such possession was a 
 wrongful possession, and that some other person or persons was or 
 were lawfully entitled to such lands, tenements, or hereditaments, 
 or to some estate or interest therein. 
 
 On payment 
 of the pur- 
 chase money 
 premises t< 
 v^. 111 com ' 
 j?* 88 iers 
 
 Where any 
 
 -^ ^ e 
 pe rson who 
 - 
 
 possession of 
 the lands, 
 &c. at the 
 time of such 
 purchase, 
 shall be 
 
 titled there- 
 te > according 
 to suc 
 
 
 89. Provided also, and be it further enacted, that where by reason 
 of any disability or incapacity of the person or persons or corporation 
 
 (a) See the case of Me Merceron, L. R. 7 Ch. D. 184, referred to in note 
 to section 84, ante. The court of chancery has jurisdiction under this 
 enactment to order payment of the costs of a petition for payment out 
 of court, and to separate accounts of the purchase money of houses taken 
 by a vestry under the provisions of this Act for the purpose of widening a 
 street ; In re Sounder* Estate, L. R. 8 Eq. 681. 
 2 Z 2 
 
 The court of 
 chancery 
 may order 
 reasonable 
 expenses of 
 purchase to 
 be paid by 
 the commis- 
 sioncrs, 
 & c , (#).
 
 708 
 Section 89, 
 
 Tenants at 
 will, &c., 
 to deliver 
 possession on 
 six months' 
 notice. 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 entitled to any lands, tenements, or hereditaments to be purchased, 
 or purchased under the authority of this Act, the purchase money 
 for the same shall be required to be paid into the court of Chancery, 
 and to be applied in the purchase of other lands, tenemements, or 
 hereditaments, to be settled to the like uses in pursuance of this Act, 
 it shall be lawful for the said court of chancery to order the ex- 
 penses of all purchases from time to time to be made in pursuance of 
 this Act, or so much of such expenses as the said court shall deem 
 reasonable, to be paid by the said commissioners or trustees or other 
 persons as aforesaid, who shall from time to time pay such sums of 
 money for such purposes as the said court shall direct. 
 
 90. And be it further enacted, that every tenant at will or lessee 
 for a year, or any other person or persons in possession of any such 
 houses, buildings, lands, tenements, and hereditaments, or any part 
 thereof, which shall be purchased by virtue and for the purposes 
 of this Act, and who shall have no greater interest in the premises 
 than as tenant at will or lessee for a year, or from year to year, shall 
 deliver up the possession of such premises to the said commissioners 
 or trustees, or other persons as aforesaid having the control of the 
 pavements in the streets or public places in the parochial or other 
 division within the jurisdiction of this Act, wherein such houses, 
 buildings, lands, tenements and hereditaments, or to such person 
 or persons as the said c&mmissioners or trustees or other persons 
 as aforesaid shall appoint to take possession of the same, upon 
 having six calendar months' notice to quit such possession from 
 the said commissioners or trustees or other persons as aforesaid, 
 or from the person or persons so authorized by them ; and such 
 person or persons in possession shall at the end of the said six 
 calendar months, whether such notice be given with reference to the 
 time or times of such tenants holding or not, or so soon as he, she, 
 or they shall be required, peaceably and quietly deliver up the 
 possession of the said premises to the said commissioners or trustees, 
 or other persons as aforesaid, or the person or persons authorized by 
 the said commissioners or trustees or other persons as aforesaid to 
 take possession thereof ; and in case any such tenant should be com- 
 pelled to quit before the expiration of his or her term in any such 
 premises, then and in such case the said commissioners or trustees, 
 or other persons as aforesaid, shall and they are hereby required 
 to make satisfaction and compensation for the loss or damage 
 which he or she shall or may sustain thereby ; and in case any 
 difference or dispute shall arise as to the amount of such satisfac- 
 tion or compensation, the same shall or may be determined, settled, 
 and ascertained by a jury, in such and the like manner as the sum 
 or sums of money to be paid for the purchase of any lands, tene- 
 ments, or hereditaments, is herein directed to be determined, settled, 
 and ascertained ; and that in case any such person or persons so in 
 possession as aforesaid shall refuse to give such possession as afore- 
 said, it shall and may be lawful to and for the said commissioners or 
 trustees, or other persons as aforesaid, to issue their precept or 
 precepts to the sheriff or sheriff's, or bailiff, or other proper officer 
 of the city, borough, or county wherein such parochial or other 
 district shall be situate, to deliver possession of the said premises 
 to such person or persons as shall in such precept or precepts be 
 nominated to receive the same ; and the said sheriff or sheriffs or 
 bailiff, and every other proper officer, is hereby authorized and re- 
 quired to deliver such possession accordingly of the said premises, 
 and to levy such costs as shall accrue from the issuing and execution
 
 goods. 
 
 67 GEO. 8, c. 29, ss. 9098. 709 
 
 us so refusing to Section 
 his, her, or their 
 
 of such precept or precepts on the person or persons so refusing to Section 90. 
 give possession as aforesaid, by distress and sale of hi 
 
 91. And be it further enacted, that all and every person and Mortgagees, 
 persons who shall have any mortgage or mortgages on such houses, 01 \ tender of 
 buildings, lands, tenements and hereditaments, not being in posses- principal 
 sion thereof by virtue of such mortgage or mortgages, shall on the and mterest > 
 tender of the principal money and interest due thereon, together convey ; 
 with the amount of six calendar months' interest on the said 
 principal, by the said commissioners or trustees, or other persons 
 having the control of the pavements in the streets or public places 
 in such parochial or other district, within the jurisdiction of this 
 Act, wherein the said houses, buildings, lands, tenements, and here- 
 ditaments shall lie or be as aforesaid, or by such person or persons as 
 they shall appoint, immediately convey, assign, and transfer such 
 mortgage or mortgages to the said commissioners or trustees or other 
 persons as aforesaid, or to such person or persons as they shall 
 appoint ; or in case such mortgagee or mortgagees shall have notice 
 in writing from the said commissioners or trustees or other persons 
 as aforesaid, or from such person or persons as they shall appoint, 
 that they will pay off and discharge the principal money and interest 
 which shall be due on the said mortgage or mortgages at the end or 
 expiration of six calendar months, to be somputed from the day of 
 giving such notice, that then at the end of the said six calendar 
 months, on payment of the principal and interest so due, such 
 mortgagee or mortgagees shall convey, assign, and transfer his, her, 
 or their interest in the premises to the said commissioners or 
 trustees or other persons as aforesaid, or to such person or persons 
 as shall be appointed in trust for them ; and in case the mortgagee on refusal, 
 or mortgagees shall refuse to convey and assign as aforesaid on interest to 
 such tender or payment, that then all interest on every such mort- cease. 
 gage shall from thenceforth cease and determine. 
 
 92. Provided always, and be it further enacted, that in case the The mort- 
 
 sum due upon any such mortgage or mortgages, with all interest due gagees not 
 
 thereon, shall amount to more than the real value of the premises, to be paid 
 
 to be ascertained as directed by this Act, then the said commissioners more than 
 
 or trustees or other persons as aforesaid shall not be liable to pay the real 
 
 to the mortgagee or mortgagees more than such real value of such value of 
 
 premises, so ascertained as aforesaid. premises. 
 
 93. And be it further enacted, that the conveyance of any such Bargains and 
 estate or interest of any feme covert to the said commissioners or sales to have 
 trustees or other persons as aforesaid for the time being, or any five the force of 
 or more of them, or any person or persons in trust for them, by fines and 
 indenture or indentures of bargain and sale, sealed and delivered recoveries. 
 by such feme covert, in the presence of and attested by two credible 
 witnesses, and duly acknowledged, and to be enrolled in the high 
 court of chancery within six calendar months after the making 
 thereof, shall as effectually and absolutely convey the estate and 
 interest of such feme, covert in the premises as any fine or fines, 
 recovery or recoveries, would or could do, if levied or suffered 
 thereof in due form of law ; and further, that all bargains and 
 sales whatsoever to be made of any such houses, buildings, lands, 
 tenements, and hereditaments, as shall be purchased by the com- 
 missioners or trustees or other persons as aforesaid for the time 
 being, by virtue and for the purposes of this Act, and enrolled
 
 710 
 
 Section 93. 
 
 Upon pay- 
 ment of 
 principal and 
 interest into 
 the bank, 
 premises to 
 vest in the 
 commis- 
 sioners, &c. 
 
 Monies to be 
 paid or ten- 
 dered before 
 any use 
 made of the 
 premises. 
 
 Estates may 
 be sold, the 
 persons of 
 whom they 
 were bought 
 having the 
 first offer. 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 as aforesaid, shall have the like force, effect, and operation in law, 
 to all intents and purposes, as any fine or fines, recovery or recoveries 
 whatsoever would have had if levied or suffered by the bargainer 
 or bargainers, or any person or persons seised of or entitled to any 
 estate or interest in the premises in trust for such bargainer or 
 bargainers, in any manner or form, whatsoever. 
 
 94. And be it further enacted, that upon payment of the principal 
 money and interest due on any mortgage as aforesaid into the Bank 
 of England, at the end of six calendar months from the day of 
 giving such notice as aforesaid, for the use of the mortgagee or 
 mortgagees, the cashier or cashiers of the bank shall give a receipt or 
 receipts for the said money, in like manner as is hereinbefore directed 
 in cases of other payments into the bank ; and thereupon all the 
 estate, right, title, interest, use, trust, property, claim and demand of 
 the said mortgagee or mortgagees, and of all and every person or 
 persons in trust for him, her, or them, shall vest in the said com- 
 missioners or trustees or other persons as aforesaid, and they shall be 
 deemed to be in the actual possession of the premises comprised 
 in such mortgage or mortgages, to all intents and purposes 
 whatsoever. 
 
 95. And be it further enacted, that all sums of money, or other 
 consideration, recompense, or satisfaction, to be paid or made pur- 
 suant to any such agreement or verdict as aforesaid, or in discharge 
 of any such mortgage, shall be paid or tendered to the party or parties 
 entitled to the same, or paid into the Bank of England as aforesaid, 
 before the said commissioners or trustees or other persons as afore- 
 said, or any person or persons authorized by them, shall proceed to 
 pull down any house or houses, or other erections or buildings 
 comprised in or affected by such agreement, verdict, or mortgage 
 respectively, or to use the ground for any of the purposes before 
 mentioned in this Act. 
 
 96. And be it further enacted, that it shall and may be lawful to 
 and for the said commissioners or trustees or other persons as 
 aforesaid, from time to time absolutely to sell and dispose of all or 
 any of the freehold or leasehold estates, lands, houses, hereditaments, 
 and premises which shall hereafter be conveyed to them in pursuance 
 of this Act or otherwise ; provided that the said freehold or lease- 
 hold estates, lands, houses, hereditaments, and premises so purchased 
 are first offered for sale to the respective person or persons of or from 
 whom the premises respectively were purchased by or on behalf of the 
 said commissioners or trustees or other persons as aforesaid ; and if such 
 
 Eor persons respectively shall not then and thereupon agree 
 fc with respect to and on account of the price thereof as 
 after mentioned), or shall refuse (except with respect to and 
 on account of the price thereof) to purchase the same respectively 
 an affidavit shall be made and sworn before a master in the high 
 court of chancery, or before one of His Majesty's justices of the 
 peace for the city, borough, or county wherein such parochial or 
 other district shall be situate (who are hereby respectively em- 
 powered and directed to take the same), by some person or 
 persons uninterested in the said freehold or leasehold estates, lands, 
 houses, hereditaments, or premises, stating that such offer was made 
 by or on the behalf of the said commissioners or trustees or other 
 persons as aforesaid, and that such offer was not then and thereupon 
 agreed to, or was refused by the person or persons to whom the same
 
 57 GEO. 3, c. 29, ss. 96, 109. 
 
 711 
 
 was so offered ; and that any such affidavit shall in all courts what- Section 96. 
 soever be sufficient evidence and proof that such offer was made, 
 and was not agreed to, or was refused by the person or persons 
 to whom such offer was made, as the case may be ; and in case 
 such person or persons shall be desirous of repurchasing the same, 
 and he, she, or they, and the said commissioners, or trustees, or 
 other persons as aforesaid, shall differ and not agree with respect 
 to the price thereof, then the price or prices thereof shall be 
 ascertained by a jury, in the manner hereinbefore directed with 
 respect to the disputed value of premises to be purchased by the said 
 commissioners or trustees or other persons as aforesaid in pursuance 
 of this Act ; and the expense of hearing and determining such 
 differences shall be borne and paid in like manner as is hereinbefore 
 directed with respect to such purchase made by the said commis- 
 sioners or trustees or other persons as aforesaid (mutatis mutandis) 
 and the money to arise by the sale or sales which may be made by 
 the said commissioners or trustees or other persons as aforesaid, of 
 such freehold or leasehold estates, lands, houses, hereditaments, and 
 premises, shall be applied by the said commissioners or trustees 
 or other persons as aforesaid to the purposes of the local Act or 
 Acts of parliament relating to the parochial or other division over 
 the pavement whereof they shall possess a control, or to the purposes 
 of this Act, but the purchaser or purchasers thereof shall not be 
 answerable or accountable for any misapplication or nonapplication 
 of the money paid by him or them for such freehold or leasehold 
 estates, lands, .houses, hereditaments, and premises. 
 
 109. And be it further enacted, that it shall and may be lawful 
 to and for the commissioners or trustees, or other persons having 
 the control of the pavements in the streets or public places in any 
 parochial or other district within the jurisdiction of this Act, from 
 time to time and at all times afterwards to assemble and meet to- 
 gether for the execution of the local Act or Acts of parliament 
 whereby or by virtue whereof they may have been appointed, and of 
 this Act, within their respective parochial or other district or else- 
 where, and may adjourn such meetings from time to time as they 
 shall think proper ; but that one such general meeting shall be held 
 at least once in every calendar month, and that five or more of such 
 commissioners or trustees or other persons shall attend at and be 
 necessary to constitute every such general meeting ; and the acts, 
 resolutions, and proceedings of the majority present at such meet- 
 ings shall be deemed and considered to be the acts, resolutions, and 
 proceedings of such meetings ; and that such commissioners or trustees 
 or other persons as aforesaid may retain and employ and discharge 
 and pay such clerks, surveyors, inspectors, and other persons, as 
 they from time to time shall deem expedient ; and also shall and 
 may deduct and allow to themselves and to each other, and to their 
 officers and servants, all expenses necessarily incurred in and about 
 the execution of any local Act or Acts of parliament, or of this Act ; 
 and also shall and may from time to time purchase or rent upon 
 lease, for a term or terms of years or otherwise, or may erect, fur- 
 nish, alter or improve any houses, offices, and other places which 
 they may deem necessary or expedient for their places of meeting, 
 or for the transaction of their official business, or for the deposit and 
 safe custody of their books, vouchers, and documents ; and also may 
 purchase or rent upon lease or otherwise from time to time such 
 place or places to be called " The Green Yard " for such parochial or 
 other district, for the reception, deposit, and safe custody of any 
 
 Commissioners 
 may meet and 
 may have 
 offices and 
 places where 
 strays or 
 goods may Le 
 impounded.
 
 712 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 Section 109. article seized and removed by virtue of any local Act or Acts of 
 parliament, or of this Act, within their respective parochial or otlier 
 districts, or of any horses, beasts, cattle, or any animals or otlier 
 things which may be found straying, or which shall be in or about 
 any streets or public places within their respective parochial or other 
 district, or which, according to any local Act or Acts of parliament 
 or to this Act, or to the common or statute law, may be impounded ; 
 and may appoint any person or persons to inhabit and take care of 
 such houses, offices, and other places of meeting, and to have the 
 custody and care of such books, vouchers, and documents, and to 
 take care of and superintend such places of deposit as aforesaid ; and 
 may appoint the fees and charges which shall be paid and payable, 
 and which may be demanded on or for the deposit and safe custody 
 of any such, articles so seized, or of any horses, beasts, cattle, 
 animals, or other things which shall be there impounded as afore- 
 said ; and that the same fees and charges shall be so paid before any 
 such articles or things shall be given up or restored to any persons 
 whomsoever, or shall and may be deducted out of the proceeds of 
 any appraisement or sale of any such articles and things, and which 
 maybe effected thereof under and by virtue of any local Act or Acts 
 of parliament, or of this Act. 
 
 122. And be it further enacted, that if any person or persons 
 shall at any time or times hereafter in any manner whatsoever wil- 
 fully obstruct, hinder, or molest any commissioners or trustees or 
 any other persons having the control of the pavements in any streets 
 or public places in any parochial or other district within the juris- 
 diction of this Act, or any surveyor or surveyors of pavements, or 
 any other officer officers, person or persons whomsoever, who are or 
 shall be appointed or employed to put in execution this Act or any 
 local Act or Acts of parliament by the said commissioners or trustees 
 or other persons having the control of the pavements of the streets 
 and public places in any such parochial or other district within the 
 jurisdiction of this Act, in the performance or execution of his or 
 their duty, then every person or persons so oftending shall for the 
 first offence forfeit the sum ot .5, and for the second offence the sum 
 of 10, and for the third or any subsequent offence the sum of 20, 
 to be recovered in the same manner in which other penalties are 
 hereinafter directed to be recovered by virtue of this Act. 
 
 Justices may 123. And be it further enacted, that in all cases where one or 
 proceed on more justice or justices of the peace is or are or may be empowered 
 complaint of by law to proceed on the complaint of the commissioners or trustees, 
 commissioners, or other persons having the control of the pavements in any streets 
 or public places in any parochial or other district Avithin the juris- 
 diction of this Act, or any of them, it shall and may be lawful for 
 such justice or justices of the peace, and he or they is and are hereby 
 required to proceed on the complaint of any one of the said com- 
 missioners or trustees or other such persons, or of their surveyor or 
 surveyors of the pavements, or of their clerk or clerks for the time 
 being, or any of them, or of any person or persons whom they or 
 any two or more of them by writing under their hands shall appoint 
 for that purpose, in such and the like manner to all intents and pur- 
 poses as if such complaint had been made by such commissioners 
 or trustees or other such persons as aforesaid, or any or all of them. 
 
 Local Paving 138. Provided also, and be it enacted, that neither any Act or Acts 
 Acts of parlia- o f parliament relating either exclusively to the paving or repairing 
 
 Commissioners 
 and surveyors 
 not to be 
 obstructed in 
 performance 
 of their 
 duty.
 
 57 GEO. 3, c. 29, ss. 138, 142, 144. 713 
 
 the pavements of the streets or public places in any parochial or Section 138, 
 
 other district within the jurisdiction of this Act, or relating thereto 
 
 jointly with any other object or purpose, nor any clause, matter, or P 1611 ? 
 
 provision therein contained, shall be hereby repealed ; but that the her J re 
 
 commissioners, trustees, or other persons by any such local Act or ^ 
 
 Acts of parliament vested with the control or superintendence of 
 
 the pavement of the streets and public places in every such parochial 
 
 or other district shall retain and may exercise all and every the 
 
 powers and authorities by all and every such local Act and Acts of 
 
 parliament conferred upon them or any of them ; and that they may 
 
 from time to time and at all times, either act under and upon all or 
 
 any of the provisions, clauses, powers, and authorities of such Act 
 
 or Acts of parliament, or under any of the provisions, clauses, 
 
 powers, and authorities of this Act, as they from time to time, upon 
 
 each emergency or each particular occasion, may think proper and 
 
 deem most expedient ; but subject nevertheless to all the provisions 
 
 contained in this Act as to the appointment of surveyors of the 
 
 pavement in every parochial or other district, and as to the means 
 
 hereby provided for compelling the speedy and effectual reparation 
 
 of imperfect pavement in all streets and public places within the 
 
 jurisdiction of this Act, and the regulation and improvement of such 
 
 streets, and removal and prevention of nuisances and obstructions, 
 
 according to the provisions of this Act. 
 
 142. Provided always, and be it further enacted, that nothing in Not to autho- 
 
 this Act contained shall extend or be construed to extend to autho- rize tho 
 
 rize the taking down or removing any bar, gate, rail, or other fence making any 
 
 fixed for preventing any thoroughfare into or from any square, thoroughfare 
 
 street, or way, without the consent of the owner of the estate or without cou- 
 
 property upon which such bars, gates, rails, or other fences, squares, sen ^ f the 
 
 streets, or ways shall be situate. owner of the 
 
 estate. 
 
 144. And whereas by an Act passed in the fifty-sixth year of the Certain pro- 
 reign of His present Majesty, intituled " An Act to amend two Acts visions in the 
 made in the fifty-third year of the Reign of His present Majesty, Act of 56 
 for opening a more convenient Communication from Marylebone Creo. 3, c. 128, 
 Park to Charing Cross and for paving the Streets to be made in not to be 
 Marylebone Park ; and to enable His Majesty to grant small Portions [ eC< i? d y . 
 of Land as Sites for public Buildings, or to be used as Cemeteries this Act ( a )' 
 within the Bills of Mortality ; " it was enacted, that it should be 
 lawful for the commissioners for executing that Act to authorize and 
 permit the building or erecting and making of any porticoes, arcades, 
 and other covered ways projecting from any buildings or houses 
 which should or might be built on the sides of the new streets, 
 squares, circusses, ways, courts, passages, or places comprised within 
 the provisions of the said Act, extending over any footways of the 
 said streets, squares, circusses, ways, courts, passages, or places 
 under the restrictions therein mentioned ; and to permit the erecting 
 or making, or continuing or suffering to remain the fronts of any 
 houses or buildings in the said streets, squares, circusses, ways, courts, 
 
 passages, and places, in such manner as that some fronts might recede 
 behind or advance before others, and with bow windows or other 
 projections, and with virandas, alcoves, balconies, pilasters, columns, 
 and shop windows, or other projections under the restrictions therein 
 mentioned : Now therefore be it enacted, that nothing in this Act 
 contained shall extend or be construed to extend to alter, abridge, 
 
 () See Crown Estate Paving Act, 1851, 14 & 15 Viet. c. 95.
 
 714 
 Section 144, 
 
 Houses, &c., 
 within the 
 parish of 
 Saint Maryle- 
 bone, in the 
 line of the 
 new street, or 
 in Maryle- 
 bone Park, to 
 be rated at a 
 specific sum. 
 
 APPENDIX. THE GENERAL PAVING (METROPOLIS) ACT, 1817. 
 
 repeal, or affect any of the said provisions in the said recited Act of 
 the fifty-sixth year of the reign of His present Majesty contained, or 
 to authorize or empower any surveyor of pavements or other person 
 or persons, to remove or alter, or to require the removal or alteration 
 of any porticoes, arcades, or other covered ways, bow windows, 
 virandas, alcoves, balconies, pilaster columns, architectural orna- 
 ments, or other projections which have been heretofore or shall be 
 hereafter authorized or permitted, by the commissioners for the time 
 being for executing the said recited Act, to be made in or to any 
 houses or other erections, which shall have been or shall or may be 
 erected or built in any of the streets, squares, circusses, ways, courts, 
 passages, or places comprised within the provisions of the said 
 recited Act of the fifty-sixth year of the reign of his present 
 Majesty. 
 
 145. And whereas by the said last-mentioned Act it was enacted, 
 that such of the houses, buildings, lands, and hereditaments, which 
 were intended to be taken and used under the provisions and for the 
 purposes of the first Act therein recited, as are situate in the parish 
 of Saint Marylebone, and also the houses and buildings to be erected 
 on the said lands, should for ever thereafter, in making any rates or 
 assessments for the paving, repairing, watching, lighting, and cleans- 
 ing the several streets and other places in the said parish of Saint 
 Marylebone, be charged and assessed thereto, as being altogether and 
 in the whole of the yearly rent or value of six thousand and eighty- 
 four pounds, and no more ; and that the same should for ever there- 
 after be charged and assessed and rated at the said yearly rent of six 
 thousand and eighty -four pounds, whether the rents or values of the 
 same should be more or less ; be it therefore further enacted, that 
 nothing herein contained shall be construed or extend to alter, 
 repeal, or annul the provisions contained in the said recited Act of 
 the fifty-sixth year of the reign of His present Majesty, with rela- 
 tion thereto ; but that all such houses, buildings, lands, and here- 
 ditaments comprised within the provisions of the said recited Act of 
 the fifty-sixth year of His present Majesty's reign, as are situate 
 within the said parish of Saint Marylebone, shall for all the pur- 
 poses of this Act be charged and assessed as being altogether and in 
 the whole of the said yearly rent or value of six thousand and 
 eighty-four pounds, and no more ; and that the said sum of six 
 thousand and eighty-four pounds shall at all times hereafter, and for 
 all the purposes of this Act, be deemed and taken to be the annual 
 rent or value of all such houses, buildings, lands, and hereditaments; 
 anything hereinbefore contained to the contrary thereof in anywise 
 notwithstanding. 
 
 Provisions of 147. Provided also, and be it further enacted, that neither this Act, 
 the Act not nor any enactment, clause, provision, matter, or thing herein con- 
 to aflect turn- tained shall extend or be construed to extend to any turnpike road or 
 pike roads. turnpike roads, or to any part of any turnpike road or turnpike 
 roads, whether the same shall be paved or unpaved, now being in any 
 parochial or other district within the jurisdiction of this Act, but 
 that the same shall be completely and entirely exempted there- 
 from ; anything herein contained to the contrary thereof in anywise 
 notwithstanding. 
 
 Public Act. 148. And be it further enacted, that this Act shall be deemed and 
 
 taken to be a public Act, and shall be judiciously taken notice of as 
 such by all judges, justices, and others, without being specially 
 pleaded.
 
 SUPPLEMENT. 
 
 ACTS PASSED IN THE LAST SESSION OP 
 PARLIAMENT. 
 
 AN ACT 
 
 TO CONTINUE AND AMEND THE PETROLEUM 
 ACT, 1871. 
 
 42 & 43 VICT. CAP. 47. 
 HTH AUGUST, 1879. 
 
 BE it enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords Spiritual and Temporal, and 
 Commons, in this present parliament assembled, and by the autho- 
 rity of the same, as follows : 
 
 1. This Act may be cited as the Petroleum Act, 1879. Short title 
 This Act shall be construed as one with the Petroleum Act, 1871, JJ of n ^" 
 
 and together with that Act may be cited as the Petroleum Acts, 04 & 35 \~ict, 
 1871 and 1879. c> 105- 
 
 2. Whereas by the Petroleum Act, 1871, it is enacted that the Alteration of 
 term " petroleum to which this Act applies " means such of the ^st. 
 petroleum denned by that Act as, when tested in manner set forth in 34 & 35 Vlot< 
 Schedule One to that Act, gives off an inflammable vapour at a c> 
 temperature of less than one hundred degrees of Fahrenheit's ther- 
 mometer, and it is expedient to alter the said test : Be it therefore 
 
 enacted that 
 
 In the Petroleum Act, 1871, the term " petroleum to which this 34 & 35 Viet. 
 Act applies " shall mean such of the petroleum denned by section 3 c - 105 - 
 of that Act as, when tested in manner set forth in Schedule One to 
 this Act, gives off an inflammable vapour at a temperature of less 
 than seventy-three degrees of Fahrenheit's thermometer.
 
 716 
 
 Section 2. 
 34 & 35 Viet. 
 
 c. 105. 
 Verification 
 of test appa- 
 ratus. 
 
 Continuance 
 of 34 & 35 
 Viet. c. 105. 
 Commence- 
 ment of Act. 
 
 Repeal of part 
 of 34 & 35 
 Viet. c. 105. 
 
 34 & 35 Viet. 
 c. 105. 
 
 34 & 35 Viet. 
 c. 105. 
 
 SUPPLEMENT. THE PETEOLEUM ACT, 1879. 
 
 Every reference in the Petroleum Act, 1871, to Schedule One to 
 that Act shall be construed to refer to Schedule One to this Act. 
 
 3. A model of the apparatus for testing petroleum, as described in 
 Schedule One to this Act, shall be deposited with the board of trade 
 and the board of trade shall, on payment of such fee, not exceeding 
 five shillings, as they from time to time prescribe, cause to be com- 
 pared with such model and verified every apparatus constructed in 
 accordance with Schedule One to this Act which is submitted to 
 them for the purpose, and if the same' is found correct shall stamp 
 the same with a mark approved of by the board and notified in the 
 London Gazette. 
 
 An apparatus for testing petroleum purporting to be stamped with 
 the said mark shall until the contrary is proved, be deemed to have 
 been verified by the board of trade. 
 
 All fees under this section shall be paid into the exchequer. 
 
 4. The Petroleum Act, 1871, shall continue in force until other- 
 wise directed by parliament. 
 
 5. This Act shall come into operation on the thirty-first day of 
 December one thousand eight hundred and seventy-nine, which day 
 is in this Act referred to as the commencement of this Act. 
 
 6. The Petroleum Act, 1871, shall be repealed after the com- 
 mencement of this Act to the extent in the third column v of the 
 second schedule to this Act mentioned. 
 
 Provided that any sample of petroleum taken before the com- 
 mencement of this Act shall be tested in manner set forth in Schedule 
 One to the Petroleum Act, 1871, and any offence committed before 
 the commencement of this Act shall be prosecuted, and any investi- 
 gation, legal proceeding, or remedy in relation to such offence, or to 
 any act done before the commencement of this Act, shall be insti- 
 tuted, carried on, and have effect as if the provisions of this Act, 
 other than those continuing the Petroleum Act, 1871, had not been 
 
 FIRST SCHEDULE. 
 
 MODE OP TESTING PETROLEUM so AS TO ASCERTAIN THE TEM- 
 PERATURE AT WHICH IT WILL GIVE OFF INFLAMMABLE VAPOUR. 
 
 Specification of the Test Apparatus. 
 
 The following is a description of the details of the apparatus : 
 The oil cup consists of a cylindrical vessel 2" diameter, 2^" 
 height (internal), with outward projecting rim ^/' wide, f from the 
 top, and 1" from the bottom of the cup. It is made of gun metal 
 or brass (17 B. W. G.) tinned inside. A bracket, consisting of a 
 short stout piece of wire bent upwards and terminating in a point, is 
 fixed to the inside of the cup to serve as a gauge. The distance of 
 the point from the bottom of the cup is 1J". The cup is provided
 
 42 & 43 VICT. c. 47. SCHED. 717 
 
 with a close-fitting overlapping cover made of brass (22 B.W.G.), Schedule 1. 
 which carries the thermometer and test-lamp. The latter is sus- 
 
 pended from two supports from the side by means of trunnions 
 
 rn which it may be made to oscillate, it is provided with a spout, 
 mouth of which is one- sixteenth of an inch in diameter. The 
 socket which is to hold the thermometer is fixed at such an angle and 
 its length is so adjusted that the bulb of the thermometer when in- 
 serted to its full depth shall be ij" below the centre of the lid. 
 
 The cover is provided with three square holes, one in the centre, 
 rs" by T^"? and two smaller ones, ^" by &", close to the sides and 
 opposite each other. These three holes may be closed and xincovered 
 by means of a slide moving in grooves, and having perforations cor- 
 responding to those on the lid. 
 
 In moving the slide so as to uncover the holes, the oscillating lamp 
 is caught by a pin fixed in the slide, and tilted in such a way as to 
 bring the end of the spout just below the surface of the lid. Upon 
 the slide being pushed back so as to cover the holes, the lamp returns 
 to its original position. 
 
 Upon the cover, in front of and in line with the mouth of the 
 lamp, is fixed a white bead, the dimensions of which represent the 
 size of the test flame to be used. 
 
 The bath or heated vessel consists of two flat-bottomed copper 
 cylinders (24 B.W.G.), an inner one of 3" diameter and 2" height, 
 and an outer one of 5^" diameter and 5f " height ; they are soldered 
 to a circular copper plate (20 B. W.G.) perforated in the centre, which 
 forms the top of the bath, in such a manner as to enclose the space 
 between the two cylinders, but leaving access to the inner cylinder. 
 The top of the bath projects both outwards and inwards about f" ; 
 that is, its diameter is about f " greater than that of the body of the 
 bath, while the diameter of the circular opening in the centre is 
 about the same amount less than that of the inner copper cylinder. 
 To the inner projection of the top is fastened, by six small screws, a 
 flat ring of ebonite, the screws being sunk below the surface of the 
 ebonite, to avoid metallic contact between the bath and the oil cup. 
 The exact distance between the sides and bottom of the bath and of 
 the oil lamp is one-half of an inch. A split socket similar to that 
 on the cover of the oil cup, but set at a right angle, allows a ther- 
 mometer to be inserted into the space between the two cylinders. 
 The bath is further provided with a funnel, an overflow pipe, and 
 two loop handles. 
 
 The bath rests upon a cast-iron tripod stand, to the ring of which is 
 attached a copper cylinder or jacket (24 B.W.G.) flanged at the top, 
 and of such dimensions that the bath, while firmly resting on the 
 iron ring, just touches with its projecting top the inward-turned 
 flange. The diameter of this outer jacket is 6$". One of the three 
 legs of the stand serves as support for the spirit lamp attached to it 
 by means of a small swing bracket. The distance of the wick holder 
 from the bottom of the bath is 1". 
 
 Two thermometers are provided with the apparatus, the one for 
 ascertaining the temperature of the bath, the other for determining 
 the flashing point. The thermometer for ascertaining the tempera- 
 ture of the water has a long bulb and a space at the top. Its range 
 is from about 90 to 190 Fahrenheit. The scale (in degrees of 
 Fahrenheit) is marked on an ivory back fastened to the tube in the 
 usual way. It is fitted with a metal collar, fitting the socket, and 
 the part of the tube below the scale should have a length of about 
 3" measured from the lower end of the scale to the end of the 
 bulb. The thermometer for ascertaining the temperature of the oil
 
 718 SUPPLEMENT. THE PETROLEUM ACT, 1879. 
 
 Schedule 1. is fitted with collar and ivory scale in a similar manner to the one 
 described. It has a round bulb, a space at the top, and ranges from 
 about 55 F. to 150 F. ; it measures from end of ivory back to bulb 
 af* 
 
 NOTE. A model apparatus is deposited at the weights and mea- 
 sures department of the board of trade. 
 
 Directions for applying the Flashing Test. 
 
 1. The test apparatus is to be placed for use in a position where it 
 is not exposed to currents of air or draughts. 
 
 2. The heating vessel or water bath is filled by pouring water into 
 the funnel until it begins to flow out at the spout of the vessel. The 
 temperature of the water at the commencement of the test is to be 
 130 Fahrenheit, and this is attained in the first instance either by 
 mixing hot and cold water in the bath, or in a vessel from which the 
 bath is filled, until the thermometer which is provided for testing 
 the temperature of the water gives the proper indication, or by heat- 
 ing the water with the spirit lamp (which is attached to the stand of 
 the apparatus) until the required temperature is indicated. 
 
 If the water has been heated too highly, it is easily reduced to 
 130 by pouring in cold water little by little (to replace a portion of 
 the warm water) until the thermometer gives the proper reading. 
 
 When a test has been completed, this water bath is again raised to 
 130 by placing the lamp underneath, and the result is readily ob- 
 tained while the petroleum cup is being emptied, cooled, and refilled 
 with a fresh sample to be tested. The lamp is then turned on its 
 swivel from under the apparatus, and the next test is proceeded with. 
 
 3. The test lamp is prepared for use by fitting it with a piece of 
 flat plaited candle wick, and filling it with colza or rape oil up to 
 the lower edge of the opening of the spout or wick tube. The 
 lamp is trimmed so that when lighted it gives a flame of about O15 
 of an inch diameter, and this size of flame which is represented by 
 the projecting white bead on the cover of the oil cup is readily 
 maintained by simple manipulation from time to time with a small 
 wire trimmer. 
 
 When gas is available it may be conveniently used in place of the 
 little oil lamp, and for this purpose a test-flame arrangement for use 
 with gas may be substituted for the lamp. 
 
 4. The bath having been raised to the proper temperature, the oil 
 to be tested is introduced into the petroleum cup, being poured in 
 slowly until the level of the liquid just reaches the point of the 
 gauge which is fixed in the cup. In warm weather the temperature 
 of the room in Avhich the samples to be tested have been kept should 
 be observed in the first instance, and if it exceeds 65 U the samples 
 to be tested should be cooled down (to about 60) by immersing the 
 bottles containing them in cold water, or by any other convenient 
 method. The lid of the cup, with the slide closed, is then put on, 
 and the cup is placed into the bath or heating vessel. The ther- 
 mometer in the lid of the cup has been adjusted so as to have its 
 bulb just immersed in the liquid, and its position is not under any 
 circumstances to be altered. When the cup has been placed in the 
 proper position, the scale of the thermometer faces the operator. 
 
 5. The test lamp is then placed in a position upon the lid of the 
 cup, the lead line or pendulum, which has been fixed in a convenient 
 position in front of the operator is set in motion, and the rise of the 
 thermometer in the petroleum cup is watched. When the tempera- 
 ture has reached about 66 the operation of testing is to be com-
 
 42 & 43 VICT. o. 47. SCHED. 
 
 719 
 
 mencecl, the test flame being applied once for every rise of one 
 degree, in the following manner : 
 
 The slide is slowly drawn open while the pendulum performs three 
 oscillations, and is closed during the fourth oscillation. 
 
 NOTE. If it is desired to employ the test apparatus to determine 
 the flashing points of oil of very low volatility, the mode of pro- 
 ceeding is to be modified as follows : 
 
 The air-chamber which surrounds the cup is filled with cold water, 
 to a depth of li inches, and the heating vessel or water bath is filled 
 as usual, but also with cold water. The lamp is then placed iinder 
 the apparatus and kept there during the entire operation. If a very 
 heavy oil is being dealt with, the operation may be commenced with 
 water previously heated to 120, instead of with cold water. 
 
 Schedule 1. 
 
 SECOND SCHEDULE. 
 
 ACT REPEALED. 
 
 Year and Chapter. 
 
 Title. 
 
 Extent of Repeal. 
 
 34 & 35 Viet. c. 105 
 
 The Petroleum Act, 
 1871. 
 
 Section three, from "and the 
 term petroleum to which 
 this Act applies" inclusive 
 to the end of the section. 
 Section eighteen.
 
 AN ACT 
 
 TO EXTEND THE POWERS OF THE ARTIZANS DWELL- 
 INGS ACT OF 1868, BY PROVISIONS FOR COMPEN- 
 SATION AND REBUILDING. 
 
 42 & 43 VICT. CAP. 64. 
 
 15TH AUGUST, 1879. 
 
 31 & 32 Viet, 
 c. 130. 
 
 Short title, 
 and con- 
 struction of 
 Act. 
 
 31 & 32 Viet. 
 c. 130. 
 
 Application 
 of Act, and 
 definition of 
 " local autho- 
 rity," "local 
 rate," and 
 "clerk of 
 local autho- 
 rity." 
 
 31 & 32 Viet, 
 c. 130. 
 Officer of 
 health. 
 31 & 32 Viet, 
 c. 130. 
 
 38 & 39 Viet, 
 c. 55. 
 
 41 & 42 Viet, 
 c. 52. 
 8 & 9 Viet. 
 
 WHEREAS it is expedient to extend and amend the provisions of the 
 Artisans and Labourers Dwellings Act, 1868 : 
 
 Be it enacted by the Queen's most excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and temporal, and 
 Commons, in the present parliament assembled, and by the authority 
 of the same as follows : 
 
 1. This Act may be cited as the Artizans and Labourers Dwellings 
 Act (1868) Amendment Act, 1879, and shall, so far as is consistent 
 with the tenor thereof, be construed together with the Artizans and 
 Laboiirers Dwellings Act, 1868 (hereinafter referred to as "the Act of 
 1868 "), as one Act. 
 
 2. The Act shall apply only to the places named in the first column 
 of table (A.) in the first schedule annexed hereto, and " local autho- 
 rity," " local rate," and " clerk of local authority " shall mean the 
 " bodies of persons," " rate," and " officer " in that table in that behalf 
 mentioned ; and the said table, and the explanation annexed thereto, 
 shall be of the same force as if they were enacted in the body of the 
 Act of 1868 and this Act, 
 
 3. The term "officer of health "as used in the Act of 1868, shall, 
 as respects any urban sanitary district in England, mean the 
 medical officer of health appointed by the urban sanitary authority 
 of the district under the Public Health Act, 1875, and as respects 
 any urban sanitary district in Ireland shall mean the medical officer 
 of health appointed by the urban sanitary authority of the district 
 under the Public Health (Ireland) Act, 1878, and shall not include 
 any other officer. 
 
 4. The Lands Clauses Consolidation Act 1845, and the Lands 
 Clauses Consolidation Acts Amendment Act, 1860, except the pro-
 
 42 & 43 VICT. c. 64, ss. 47. 721 
 
 visions of those Acts with respect to the purchase and taking oflands Section 4. 
 
 otherwise than by agreement, and with respect to the entry on lands 
 
 by the promoters of the undertaking, and save so far as any of the oV& aTv' t 
 
 provisions of those Acts respectively are expressly varied by or are -i^fi ' 
 
 inconsistent with the provisions of this Act, are incorporated with c ' iub ' mcc 
 
 the Act of 1868 as amended by this Act, and for the purposes of P 
 
 such incorporation the Act of 1868, as amended by this Act, shall be ^1 & 32 Viet. 
 
 deemed to be the special Act, and the local authority to be the pro- c> 1^. 
 
 moters of the undertaking. 
 
 Owner may 
 
 5. Notwithstanding anything in the Act of 1868, the owner of require local 
 any premises specified in an order of the local authority made under authority 
 that Act, and requiring him to execute any works or to demolish to purchase 
 such premises, may, within three months after service on him of the premises' 
 order, require the local authority in writing to purchase such premises. 31 & 32 Vict - 
 
 6. Where the owner of any premises has in manner aforesaid I Q default 
 required the local authority to purchase the same, and no agree- of agreement 
 ment is come to between such owner and the local authority as to amount of 
 the amount of the compensation to be paid by the local authority, the compensa- 
 amount of the compensation to be paid by the local authority for the ?j . 
 premises shall be settled by arbitration in manner provided by this f c v- t 
 
 Act - tion. r l 
 
 7. In all cases in which the amount of any compensation is, in Provisions 
 piirsuance of this Act, to be settled by arbitration, the following as to arbi- 
 provisions shall have effect ; (namely,) tration. 
 
 (1.) The amount of compensation shall be settled by an arbitrator 
 to be appointed and removable by the local government 
 board ; 
 (2.) In settling the amount of any compensation 
 
 (a.) The estimate of the value of the premises shall 
 be based on the fair market value as estimated at the 
 time of the valuation being made of such premises, and 
 of the several interests in such premises, due regard 
 being had to the nature and then condition of the 
 property and the probable duration of the buildings in 
 their existing state, and to the state of repair thereof, and 
 all circumstances affecting such value, and without any 
 additional allowance in respect of compulsory purchase ; 
 and 
 
 (6.) The arbitrator shall have regard to and make an 
 allowance in respect of any increased value which, in his 
 opinion, will be given to other premises of the same owner 
 by the alteration or demolition by the local authority of 
 the premises ; 
 
 (3.) On payment or tender to the person entitled to receive 
 the same of the amount of compensation agreed or awarded 
 to be paid in respect of the premises, or on payment 
 thereof in manner prescribed by the Lands Clauses Con- 8 & 9 Viet, 
 solidation Act, 1845, the owner shall, when required by c. 18. 
 the local authority, convey his interest in such premises 
 to them, or as they may direct ; and in default thereof, 
 or if the owner fails to adduce a good title to such pre- 
 mises to the satisfaction of the local authority, it shall be 
 lawful for the local authority, if they think fit, to execute a 
 deed poll in such manner, and with such consequences, as 
 3 A
 
 722 
 Section 7. 
 
 8 & 9 Viet, 
 c. 18. 
 
 8 & 9 Viet, 
 c. 18. 
 
 Applica- 
 tion of 
 31 & 32 Viet, 
 c. 130, s. 23, 
 to site of 
 purchased 
 premises. 
 Recovery 
 of expenses 
 incurred by 
 local autho- 
 rity in 
 executing 
 works. 
 
 Disposal of 
 land ac- 
 quired by 
 local autho- 
 rity under 
 30 & 31 Viet. 
 c. 130. 
 
 SUPPLEMENT. ARTIZANS AND LABOURERS DWELLINGS ACT (1868) 
 
 are mentioned in the Lands Clauses Consolidation Act, 
 1845; 
 
 (4.) Sections thirty -two, thirty - three, thirty -five, thirty -six, 
 and thirty-seven of the Lands Clauses Consolidation Act, 
 1845 ; shall apply, with any necessary modifications, to 
 an arbitration and to an arbitrator appointed under this 
 Act: 
 
 (5.) The arbitrator may, by one award, settle the amount or 
 amounts of compensation payable in respect of all or any of 
 the premises included in one or more order or orders made 
 by the local authority ; 
 
 (6.) In the event of the death, resignation, or incapacity, refusal, 
 or neglect to act of any arbitrator before he shall have made 
 his award, the local government board may appoint another 
 arbitrator, to whom all documents relating to the matter of 
 the arbitration which were in the possession ot the former 
 arbitrator shall be delivered ; 
 
 (7.) The arbitrator may, where he thinks fit, on the request of 
 any party by whom any claim has been made before him, 
 certify the amount of the costs properly incurred by such . 
 party in relation to the arbitration, and the amount of 
 the costs so certified shall be paid by the local authority ; 
 and if within seven days after demand the amount so 
 certified be not paid to the party entitled to receive the 
 same, such amount shall b6 recoverable as a debt from the 
 local authority with interest at the rate of five per centum 
 per annum for any time during which the same remains 
 unpaid after such seven days as aforesaid, but no such cer- 
 tificate shall be given where the arbitrator has awarded the 
 same or a less sum than has been offered by the local autho- 
 rity in respect of such claim before the appointment of the 
 arbitrator ; 
 
 (8.) The award of an arbitrator shall be final and binding on all 
 parties. 
 
 8. Section twenty-three of the Act of 1868 shall apply to the site 
 of any premises purchased by a local authority which the owner has 
 elected to retain under the provisions of this Act. 
 
 9. Where the local authority, on default of the owner of any pre- 
 mises, themselves execute the required works, they may sell the old 
 materials and retain the proceeds towards the expenses incurred by 
 them in executing such works, and may recover the balance of such 
 expenses from such owner as a debt due from him by action in any 
 court of competent jurisdiction. 
 
 The expression " court of competent jurisdiction " shall, for the 
 purposes of this section, be read and have effect as if the debt herein 
 referred to were a simple contract debt, and not a debt or demand 
 created by statute. 
 
 10. Any land or premises acquired by any local authority under 
 the Act of 1868 and this Act may from time to time be sold, let, and 
 disposed of in like manner as any other lands acquired for sanitary 
 purposes by such authority, and not needed for the purposes for 
 which they were acquired ; but in cases where the approbation of any 
 government department is required for any such disposal, then only 
 with that approbation.
 
 AMENDMENT ACT, 1879. 42 & 43 VICT. c. 64, ss. 1114. 723 
 
 11. A local authority may, where they so think fit, dedicate any Section 11. 
 land acquired by them under the authority of the Act of 1868 and 
 this Act as a highway or other public place. Local autho- 
 rity may 
 
 12. In the event of any local authority within the metropolis de- i^^ 
 clining or neglecting for the space of three months after receiving a highway, &c. 
 notice from the metropolitan board of works (hereinafter called the 39 & 31 Vict' 
 board) requiring such local authority to put in force the provisions of c . 130. 
 
 this Act, in respect of any premises described in such notice, then -^ , ' ,., 
 
 and in such case all the powers vested in the local authority under y^ e T ?^ i 
 
 this Act, so far as relates to any such premises, shall become vested empowere( j 
 
 in the said board, and the board shall have power so far as relates to ^ enforce 
 
 any such premises to act in all respects lor the purposes of this Act as Act in case 
 
 though they were the local authority, and all expenses incurred by i oca i autho- 
 
 the board under this Act may be recovered by the board from and rity fail to 
 
 shall upon demand be paid by the local authority out of the local do so. 
 rates which they are authorized to make or apply for the purpose of 
 defraying expenses incurred by them under this Act, and the amounts 
 so payable to the board may and shall be included in the precepts 
 from time to time issued by the board under the Metropolis 
 Management Acts to the local authority. 
 
 13. Section two of the Act of 1868 and the first schedule to that 31 & 32 Vict - 
 Act are hereby repealed. e - \ 30 > s - 2 > 
 
 and sched. 1. 
 
 14. In the metropolis the local authority or their lessees shall hold Appropriation 
 .ill property acquired by them under this Act upon trust to carry f property 
 into effect some one or more of the purposes thereof : acquired by 
 
 The purposes of this Act shall in the metropolis be deemed to be local auth - 
 First, the providing by the construction of new buildings, or the n v' 
 repairing or improvement of existing buildings, the labouring 
 classes with suitable dwellings situate within the jurisdiction 
 of the local authority : 
 
 Second, the opening out of closed or partially closed alleys or 
 courts inhabited by the labouring classes, and the widening of 
 the same, by pulling down any building, or otherwise leaving 
 such open spaces as may be necessary to make such alleys or 
 courts healthful : 
 
 But subject to the aforesaid trust, the local authority or lessees may 
 from time to time sell, exchange, lease, or otherwise dispose of any 
 premises acquired by them under this Act : Provided that if any 
 property acquired by the local authority xmder this Act shall not 
 within seven years after the acquisition thereof be disposed of by 
 way of absolute sale or of exchange, or by lease for a period of not 
 less than ninety -nine years, or be effectually dealt with by way of 
 public improvement, then and in such case the property so acquired 
 may be sold by the order of one of Her Majesty's principal secre- 
 taries of state, by public auction or public tender, with full power to 
 fix a reserve price and subject to such terms and conditions as the 
 said secretary of state shall deem proper, and the proceeds of such 
 sale, after deducting the whole of the expenses attending the same 
 shall be paid to the local authority to be by them applied to the 
 purposes of this Act, and a receipt signed by the said secretary of 
 state for the amount of the purchase money shall absolutely vest 
 such property in the purchaser for the whole estate and interest of 
 the local authority therein subject to the before-mentioned terms and 
 conditions. 
 
 3A2
 
 724 
 
 SUPPLEMENT. AKTIZANS AND LABOURERS DWELLINGS ACT (18G8) 
 
 quiring pro- 
 perty under 
 this Act to 
 execute 
 works to 
 satisfaction of 
 surveyor. 
 
 Section 15. 15. Every lessee \vlio in the metropolis shall acquire any property 
 under this Act shall forthwith, at his own costs, charges, and ex- 
 penses, proceed to execute thereon, to the satisfaction of the surveyor 
 of the local authority, the works shown on the plans referred to in 
 the specifications prepared by the local authority, and such other 
 works (being for some one or more of the purposes of this Act) as 
 may have been agreed upon between the local authority and the 
 lessee ; and if the lessee shall at any time, in the opinion of the 
 surveyor of the local authority, fail to exercise due diligence in the 
 execution of the works, the local authority may, by themselves, 
 their contractors, servants, workmen, and agents, enter upon the 
 premises and execute the works so far as the same shall be incom- 
 plete, and reimburse themselves all costs, charges, and expenses 
 incident to the execution of such works by sale of the old materials 
 so far as the same may extend, or may recover from the parties 
 making default the amount of such costs, charges, and expenses as a 
 debt in Her Majesty's high court of justice, and shall also have an 
 express charge upon the premises in respect of such amount, which 
 charge may be realized by a sale of the premises, or any part 
 thereof. 
 
 Lessee to 
 give security 
 for execution 
 of works. 
 
 Premises, &c. 
 to be for- 
 feited on 
 lessee not 
 completing 
 works within 
 specified 
 time. 
 
 Annual ac- 
 count to be 
 presented by 
 the local 
 authority. 
 
 Contracts 
 
 for building, 
 
 repairing, 
 
 lighting, 
 
 watering, &c. 
 
 workmen's 
 
 dwellings. 
 
 16. In the metropolis the local authority may also, by the reso- 
 lution empowering any lessee to acquire property under this Act, 
 require such lessee to give such security as the local authority shall 
 think fit for the due execution by the lessee of the works to be done 
 by them. 
 
 17. If any lessee shall not, within three calendar months after he 
 shall have obtained possession of any part of the premises in the 
 metropolis, commence the execution of the works to be done by him, 
 or if he shall not complete the same to the satisfaction of the local 
 authority within one year after obtaining such possession, or within 
 such extended time as the local authority shall by resolution deter- 
 mine, then the premises, together with all building materials, plant, 
 tools, and other articles and effects thereon, shall be absolutely forfeited 
 to and vest in the local authority, and they shall thenceforth hold 
 the same for the purposes of this Act 
 
 18. Every local authority shall, in the metropolis, every year 
 present to one of Her Majesty's principal secretaries of state, and 
 in all other places shall present to the local government board, in 
 such form as he directs, an account of what has been done, and of all 
 moneys received and paid by them during the previous year with a 
 view to carrying into effect the purposes of this Act 
 
 19. The local authority in the metropolis may from time to time, 
 with the sanction and approval of one of Her Majesty's secretaries of 
 state, enter into any contract with any persons or companies for 
 building and for altering and enlarging, repairing, and otherwise im- 
 proving such workmen's dwellings, forming part of any premises 
 held by the said authority for the purposes of this Act, and for light- 
 ing and for supplying the same with water, and for fitting up the 
 same respectively, and for furnishing any materials and things, and 
 for executing and doing any other works and things necessary for 
 the purposes of this Act ; which contracts respectively shall specify 
 the several works and things to be executed, furnished, and done, 
 and the prices to be paid for the same, and the times when the works 
 and things are to be executed, furnished, and done, and the penalties
 
 AMENDMENT ACT, 1879. 42 & 43 VICT. c. 64, ss. 1922. 725 
 
 to be suffered in cases of non-performance ; and true copies of all Section 19. 
 such contracts shall be entered in books to be kept for the purpose : 
 Provided always, that no contract above the value or sum of one 
 hundred pounds shall be entered into by the local authority for the 
 purposes of this Act, unless previous to the making thereof fourteen 
 days notice shall have been given in one or more of the public 
 newspapers published in or circulating within the jurisdiction of the 
 local authority, expressing the intention of entering into such con- 
 tract, in order that any person willing to undertake the same may 
 make proposals for that purpose, to be offered to the local authority 
 at a certain time and place in such notice to be mentioned ; but it 
 shall not be incumbent on the local authority to contract with the 
 person offering the lowest price. 
 
 20. The local authority may from time to time make, alter, and Power of 
 repeal byelaws for the regulation of the dwellings belonging to local autho- 
 them under this Act, and there may be imposed by such byelaws rity to make 
 a penalty, recoverable in a summary manner, not exceeding two byelaws for 
 pounds for any breach of the byelaws by the tenants or occupiers regulation 
 of the said houses. A copy of such byelaws shaU be given to every f dwelling- 
 tenant or occupier upon his taking possession of every such dwelling, houses - 
 
 or of any portion thereof. A byelaw under this Act and any 
 alteration made therein, and any repeal of a byelaw, shall not be of 
 any validity until it has been submitted to and confirmed by one 
 of Her Majesty's principal secretaries of state in the case of the 
 metropolis or by the local government board in the case of all other 
 places. 
 
 21. -All expenses incurred by the local authority in pursuance of Expenses 
 this Act shall be defrayed by them out of the local rate ; and it shall of local 
 be lawful for the local authority, notwithstanding any limit con- authority, 
 tained in any Act of parliament respecting any local rate, to levy 
 
 such local rate, or any increase of the same, not exceeding twopence 
 in the pound in any year, for the purposes of this Act 
 
 22. The public works loan commissioners, as defined by the As to loans 
 Public "Works Loan Act, 1853, or in the metropolis the metropolitan from public 
 board of works, may, if they think fit, lend to any local authority, works loan 
 and any local authority may borrow from the said commissioners, or cpmmis- 
 
 in the metropolis from the metropolitan board of works, such sums sion ers. 
 
 as the said authority may require for the purposes of this Act, 16 & 17 Viet. 
 
 subject to the following regulations : c. 40. 
 
 1. The amount of every loan shall be sanctioned by the commis- 
 
 sioners of the treasury : 
 
 2. No loan shall be made except for the purpose of defraying the 
 
 cost of building suitable dwellings for the labouring classes, 
 or of defraying the cost of purchasing sites, and of building 
 thereon such dwellings ; 
 
 3. Every loan, with interest thereon at such rate as shall be 
 
 agreed upon, but not a less rate of interest than four per 
 centum per annum, shall be secured by a mortgage, in the 
 form set forth in the third schedule hereto, of certain 
 dwellings for the labouring classes erected or improved, or 
 about to be erected or improved, by a local authority, in 
 pursuance of this Act, and of the sites of such dwellings, 
 and the appurtenances, if any, and also by a mortgage of 
 the local rate : 
 4 Any sum borrowed on mortgage under this section may be
 
 726 
 
 Section 22. 
 
 Jurisdiction 
 of certain 
 magistrates. 
 
 Application 
 of Act to 
 Scotland. 
 
 8 & 9 Viet. 
 c. 18. 
 
 8 & 9 Viet. 
 c. 19. 
 
 Application 
 
 of Act to 
 
 Ireland. 
 
 8 & 9 Viet. 
 
 c.18. 
 
 23 & 24 Viet. 
 
 c. 106. 
 
 14 & 15 Viet. 
 
 c. 70. 
 
 23 & 24 Viet. 
 
 c.97. 
 
 27 & 28 Viet. 
 
 e. 71. 
 
 31 & 32 Viet. 
 
 c.70. 
 
 SUPPLEMENT. AETIZANS AND LABOUEEBS DWELLINGS ACT (1868) 
 
 paid off by sale of the premises comprised in such mortgage, 
 or by instalments, or otherwise, as may be agreed upon 
 between the parties, so that the period of the borrowing do 
 not exceed seven years : 
 
 5. The amount borrowed by any local authority on the mortgage 
 
 of any buildings and sites, and of the local rate, shall not 
 exceed the estimated value of the proposed buildings, includ- 
 ing the sites thereof, comprised in such mortgage, such value 
 to be ascertained in manner approved by the said public 
 works loan commissioners : 
 
 6. The powers conferred by Act of parliament on the said public 
 
 works loan commissioners in relation to loans shall apply to 
 any loans made under this section. 
 
 23. Any act, power, or jurisdiction hereby authorized to be done 
 or exercised by two justices may be done or exercised by the follow- 
 ing magistrates within their respective jurisdictions ; that is to say, 
 as to England, by any metropolitan police magistrate or other 
 stipendiary or police magistrate sitting alone at a police court or 
 other appointed place, or by the lord mayor of the city of London, 
 or any alderman of the said city, sitting alone or with others, at the 
 Mansion House or Guildhall ; as to Scotland, by the sheriff or sheriff 
 substitute, or by any two magistrates of a burgh ; and as to Ireland, 
 by any one or more divisional magistrates of police in the police 
 district of Dublin, and elsewhere by two or more justices of the 
 peace in petty sessions. 
 
 24. In the application of this Act to Scotland the following pro- 
 vision shall have effect : 
 
 (1.) This Act shall be read and construed as if for the expression 
 " the local government board," wherever it occurs therein, 
 the expression "the secretary of state" were substituted, 
 and the expression " the secretary of state" shall mean one 
 of Her Majesty's principal secretaries of state : 
 
 (2.) The term "the Lands Clauses Consolidation Act, 1845," 
 means the Lands Clauses Consolidation (Scotland) Act, 1845; 
 and sections thirty-two, thirty-three, thirty-five, thirty-six, 
 and thirty-seven of the former Act shall mean sections 
 thirty-one, thirty-three, and thirty-four of the latter Act. 
 
 25. In the application of this Act to Ireland the following provi- 
 sions shall take effect : 
 
 (1.) The term "the Lands Clauses Consolidation Act, 1845," means 
 and includes the said Act as the same is amended by the 
 Lands Clauses Consolidation Acts Amendment Act, 1860, 
 the Kailways Act (Ireland), 1851, the Eailways Act 
 (Ireland), 1860, the Railways Act (Ireland), 1864, and the 
 Railway Traverse Act : 
 
 (2.) The term "the local government board" means the local 
 government board for Ireland : 
 
 (3.) The term "public works loan commissioners" means the com- 
 missioners for public works in Ireland.
 
 AMENDMENT ACT, 1879. 42 & 43 VICT. c. 64, SCHED. 1. 727 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 TABLE A. 
 ENGLAND AND WALES. 
 
 Places to which Act applies. 
 
 Description of Local 
 Authority. 
 
 Description of Local 
 Rate. 
 
 Description of Clerk of 
 Local Authority. 
 
 The city of London and 
 the liberties thereof. 
 
 Commissioners of 
 sewers of the city 
 
 The consolidated 
 rate 11 & 12 Viet. 
 
 The clerk to the 
 commissioners. 
 
 ( 11 & 12 Viet. 
 
 of London. 
 
 c. 163, s. 158. 
 
 11 & 12 Viet. 
 
 \ c ig3 
 
 Local Act 11 & 12 
 
 
 c. 163, s. 25. 
 
 LocalActs jl4&15Vict. 
 
 Viet. c. 163. 
 
 
 
 C c. 91. 
 
 
 
 
 
 The vestry of each 
 parish, or the board 
 
 Rate to be levied in 
 the metropolis in 
 
 Clerk of the vestry 
 or district board. 
 
 
 of works of each 
 
 the same manner 
 
 
 
 district elected 
 
 as the rate leviable 
 
 
 
 under the Metro- 
 
 by law by the 
 
 
 The metropolis, exclu- 
 sive of the city of_ 
 London and the" 
 
 polis Local Mana- 
 gement Act, 1855, 
 and the Acts 
 
 vestry or district 
 board of works re- 
 spectively. 
 
 
 liberties thereof. 
 
 amending the same 
 
 25 & 26 Viet. c. 120, 
 
 
 
 within their re- 
 
 s. 5. 
 
 
 
 spective parishes 
 
 
 
 
 and districts. 
 
 
 
 
 The metropolitan 
 
 
 
 
 board of works. 
 
 
 
 Boroughs or urban sani- 
 tary district as afore- 
 said. 
 
 The urban sanitary 
 authority. 
 
 The fund or rate 
 out of which the 
 general expenses 
 of the execution of 
 
 The clerk of the 
 urban sanitary au- 
 thority. 
 
 
 
 the Public Health 
 
 
 
 
 Act, 1875, are de- 
 
 
 
 
 frayed by the 
 
 
 
 
 urban sanitary au- 
 
 
 
 
 
 thority. 

 
 728 
 
 SUPPLEMENT. ARTIZANS AND LABOURERS DWELLINGS ACT (1868) 
 
 Places to which Act applies. 
 
 Description of Local 
 Authority. 
 
 Description of Local 
 Rate. 
 
 Description of Clerk of 
 Local Authority. 
 
 SCOTLAND. 
 
 Burghs . 
 
 The magistrates and 
 
 The revenue of the 
 
 Town Clerk. 
 
 
 town council. 
 
 burgh or any local 
 
 
 
 
 rate leviable for 
 
 
 
 
 prison purposes 
 
 
 
 
 under 23 & 24 
 
 
 
 
 Viet. c. 105, or 
 
 
 
 
 any other local 
 
 
 
 
 rate leviable by 
 
 
 
 
 the town council. 
 
 
 Places where police com- 
 missioners or trustees 
 
 The police or other 
 commissioners or 
 
 Property or rate 
 belonging to or 
 
 Clerk of the com- 
 missioners or trus- 
 
 exercise the functions 
 
 trustees. 
 
 leviable by the 
 
 tees or any other 
 
 of police commission- 
 ers acting under " The 
 
 
 commissioners or 
 trustees. 
 
 officer performing 
 the duties of clerk. 
 
 General Police and 
 
 
 
 
 Improvement (Scot- 
 
 
 
 
 land) Act," or trus- 
 
 
 
 
 tees or commissioners 
 
 
 
 
 acting under any ge- 
 
 
 
 
 neral or local Act. 
 
 
 
 
 IRELAND. 
 
 The City of Dublin . . 
 
 The right honour- 
 
 The borough fund 
 
 The town clerk. 
 
 
 able the lord 
 
 or borough or im- 
 
 
 
 mayor, aldermen, 
 
 provement rate. 
 
 
 
 and burgesses in 
 
 
 
 
 council. 
 
 
 
 Towns corporate or bo- 
 
 The mayor, alder- 
 
 The borough fund, 
 
 The town clerk. 
 
 roughs (with the ex- 
 
 men, and bur- 
 
 or town fund, or 
 
 
 ception of the city of 
 
 gesses acting in 
 
 borough rate. 
 
 
 Dublin). 
 
 council. 
 
 
 
 Towns having town com- 
 
 The town commis- 
 
 Any rate leviable by 
 
 The clerk of the 
 
 missioners under 9 
 
 sioners or other 
 
 these bodies, or 
 
 commissioners or 
 
 Geo.4,c.82,orl7&18 
 
 governing body. 
 
 any fund belong- 
 
 other governing 
 
 Viet. c. 103, or any 
 
 
 ing to them ap- 
 
 body. 
 
 Acts amending the 
 
 
 plicable in the 
 
 
 same, or having com- 
 
 
 whole or in part 
 
 
 missioners or other 
 
 
 to the making 
 
 
 governing body under 
 any local Act. 
 
 
 or repairing of 
 sewers within 
 
 
 
 
 their jurisdiction. 
 
 
 Explanation. 
 
 For the purposes of this Act the following words shall have the meanings hereinafter 
 assigned to them ; (that is to say,) 
 
 (1.) " The metropolis" has the same meaning as it has in the Metropolis Management 
 Act, 1855. 
 
 (2.) "Burgh" in Scotland shall mean any place returning or contributing to return 
 members to parliament, or any place subject to the jurisdiction of a town council. 
 
 (3.) " Borough" in Ireland shall mean any place for the time being subject to the Act 
 passed in the session of the third and fourth years of the reign of Her present Majesty, 
 chapter one hundred and eight, and intituled " An Act for the regulation of Municipal 
 CorDorsitions in Ireland."
 
 AMENDMENT ACT, 1879. 42 & 43 VICT. c. 64, SCHED, 2. 729 
 
 Sched. 2. 
 
 SECOND SCHEDULE. 
 
 I. Form of Order by Court of Quarter Sessions or Petty Sessions or 
 Court of Burgh Magistrates in Scotland. 
 
 Be it remembered, that on the day of 18 upon the report 
 
 hereinafter mentioned, we, the undersigned justices, assembled at the court 
 of quarter sessions holden in and for the county of , or assembled in 
 
 petty sessions for the division or district of the borough or county of , 
 
 or members of the court of burgh magistrates for [<zs the case may 
 
 be'], do hereby order and determine that one or more house or houses or 
 buildings situate in or abutting upon or contiguous to or at the entrance of 
 a certain court or alley within the borough or burgh, known or designated 
 as court or alley [or otherwise distinguishing the premises], and 
 
 specified in the report of the officer of health for the dated the 
 
 day of 18 , is or are unfit for human habitation, and ought 
 
 to be improved or demolished [_as the case may le~], in pursuance of 
 " The Artizans and Labourers Dwellings Act, 1868." 
 
 II. Form, of Notice by Clerk of the Peace, Clerk of the Justices, or Clerk 
 of the Court of Burgh Magistrates in Scotland to Cleric of Local 
 Authority. 
 
 Artizans and Labourers Dwellings Act, 1868. 
 
 I, A.B., clerk of the peace or clerk of the justices [or clerk of the court 
 of burgh magistrates] for the , do hereby certify, that on the 
 
 day of 18 the justices assembled at the court of quarter sessions, or 
 
 assembled at the petty sessions for the [or court of the burgh magis- 
 
 trates] [_as the case may be], made an order, of which the following is a true 
 copy: 
 
 [ Here give a copy of tlie Presentment, Form L] 
 
 As witness my hand, this day of in the year of our Lord 
 
 18 . 
 
 (Signed) (A.B.) clerk of the peace or clerk of the 
 
 justices for 
 
 [or clerk of the court of burgh magistrates]. 
 To the clerk of the of
 
 AN ACT 
 
 TO AMEND THE METEOPOLIS MANAGEMENT ACT, 1855, 
 AND THE ACTS AMENDING THE SAME, SO FAR AS 
 RELATES TO THE PROTECTION OF THE METRO- 
 POLIS FROM FLOODS AND INUNDATIONS CAUSED 
 BY THE OVERFLOW OF THE RIVER THAMES; 
 AND FOR OTHER PURPOSES. 
 
 42 & 43 VICT. CAP. cxcvin. 
 
 HTH AUGUST, 1879. 
 
 18 & 19 Viet. WHEREAS, notwithstanding the provisions of the Metropolis Manage- 
 c. 120. ment Act, 1855, and the Acts amending the same, with respect to 
 
 the protection of lands from floods and inundations, the river Thames 
 in times of high tides, floods, and excessive rains, by reason of the 
 low level of various places, overflows its banks, causing inconvenience 
 to persons and injury to health and property, and it is therefore 
 
 pedient that the said provisions should be amended, and that T 
 -i .1 r . . 
 
 ing 
 
 for the due execution and maintenance of the works necessary to pre- 
 vent the overflowing of the said river Thames within the limits by 
 this Act prescribed, and for empowering the metropolitan board of 
 works to enforce such provisions and to provide for the expenses in- 
 curred in relation thereto : 
 
 Be it therefore enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the lords spiritual and temporal, 
 and commons, in this present parliament assembled, and by the autho- 
 rity of the same, as follows : 
 
 Prelimiiiary. 
 
 Short title. ! This Act may for all purposes be cited as the Metropolis 
 
 Management (Thames River Prevention of Floods) Amendment Act, 
 
 Interpre- 2. In the construction of this Act the following words and expres- 
 
 tation of sionshave the following meanings, unless excluded by the subject or 
 
 terms. context ; (that is to say,) 
 
 19 & 20 Viet. The expression " the principal Act " means the Metropolis Manage- 
 
 c. 112. ment Act, 1855, as amended by the Metropolis Management
 
 42 & 43 VICT. c. cxcvni. ss. 25. 731 
 
 Amendment Act, 1856, and the Metropolis Management Amend- Section 2. 
 ment Act, 1862 : 
 
 The expression " the secretary of state " means one of her Majesty's 
 principal secretaries of state : 
 
 The expression "the board" means the metropolitan board of 
 works : 
 
 The expression " person " includes any corporation, whether aggre- 
 gate or sole : 
 
 The expression " river Thames " includes the rivers, streams, and 
 watercourses within the flow and re-flow of the tides of the said 
 river within the limits of this Act : 
 
 The expression " bank " and the expression " dam " includes any 
 bank, wall, fence, wharf, dock, lock, gate, sluice, dam, or defence, 
 or appliance, whether of a moveable, temporary, fixed, or per- 
 manent character, for the protection of lands within the limits 
 of this Act from floods or iniuidations caused by the overflow of 
 the river Thames : 
 
 The expression " flood works " means the entire or partial con- 
 struction, alteration, reconstruction in the same or any altered 
 position of any bank, and the repairing, raising, strengthening, 
 improvement, or removal of any bank, and the enlargement, 
 contraction, raising, lowering, arching over, improvement, or 
 alteration of any sewer, channel, or water-course, and the dis- 
 continuance, closing \\p, or destruction of any such sewer, channel, 
 or watercourse necessary for the protection of lands within the 
 limits of this Act from floods or inundations caused by the over- 
 flow of the river Thames : 
 
 The expression " lands " includes messuages, buildings, erections, 
 banks, lands, tenements, and hereditaments of any tenure, 
 and rights and easements in, over, under, or in respect of the 
 same : 
 
 The expression " street," in addition to the meaning assigned to 
 the same term by the principal Act, includes the carriageway of 
 any turnpike road and any county bridge and any place laid out 
 as a street : 
 
 The expression " premises " includes lands and streets : 
 
 The expression '' owner " means (except where otherwise expressly 
 provided) the person for the time being receiving the rackrent 
 of the lands or premises in connection with which the word is 
 used, whether on his own account or as agent or trustee for any 
 other person, or who would so receive the same if such lands 
 or premises were let at a rackrent, and includes any commis- 
 sioners, trustees, or other persons or person in whom the pre- 
 mises in connexion with which the said word is used are vested, 
 or who are charged with the control or management of the 
 same. 
 
 3. The limits of this Act shall extend to the metropolis as defined Limits of 
 by the principal Act. Act. 
 
 4. The principal Act, as amended by this Act, and this Act shall Construction 
 be read and construed together as one Act. of Acts. 
 
 Execution of Works. 
 
 5. From and after the passing of this Act the execution of all Flood works 
 flood works shall be subject to and in accordance with such plans as not to be
 
 SUPPLEMENT. THAMES RIVEK PEEVENTION OF FLOODS 
 
 Section 5. ^ ie board may from time to time cause to be prepared in pursuance 
 of this Act, or with, such plans or specification as the board may from 
 time to time approve, and such works shall be carried on and com- 
 pleted to the satisfaction of the board, and save as aforesaid no such 
 works shall be commenced, carried on, or completed. 
 
 6. Subject to the provisions and limitations in this Act contained, 
 the following bodies and persons shall be liable to provide for the 
 execution of all flood works which may from time to time in the 
 opinion of the board be necessary for the protection of premises 
 within the limits of this Act from floods or inundations caused by 
 the overflow of the river Thames ; (that is to say,) 
 
 In respect of all such works to be executed upon any premises 
 vested in or subject to the control and management of the com- 
 missioners of sewers of the city of London, the vestry of any 
 parish mentioned in schedule A. to the principal Act, or the 
 board of works of any district mentioned in schedule B. to the 
 principal Act, such commissioners, vestry, or board of works : 
 
 In respect of all other such works the owners of the premises upon 
 which the same are to be executed : 
 
 Where any such works are to be executed through, along, over, 
 or under any part of the bed or soil of the river Thames im- 
 mediately connected with any premises, such works shall be 
 deemed to be works to be executed upon such premises. 
 
 7. The board, as soon as may be after the passing of this Act, 
 shall cause a plan to be prepared showing the line and level of the 
 flood works which are in their opinion immediately necessary for 
 effectually protecting all premises within the limits of this Act 
 which in their judgment require protection from floods or inunda- 
 tions caused by the overflow of the river Thames ; and when such 
 plan has been prepared, the board shall cause notice of the prepa- 
 ration thereof to be served upon the commissioners of sewers of the 
 city of London and upon the vestry of every parish and the board 
 of works for every district in which any of the works shown on such 
 plan are proposed to be executed, and upon every owner of premises 
 liable to provide for the execution of any of the same, and shall 
 together therewith cause two copies of such part of such plan as 
 relates to any of such works in respect of the execution of which 
 such commissioners, vestry, board of works, and owner are or is 
 liable respectively to provide to be transmitted to them or him 
 respectively, together with such sections, estimates, and other 
 information relating to such copies as aforesaid as they may think 
 proper ; and the board shall by such notice require such commis- 
 sioners, vestry, district board, or owner to inform the board within 
 twenty-eight days after the receipt of the same whether they or he 
 intend or intends to execute to the satisfaction of the board the 
 works shown on the copies of such parts of such plan respectively, 
 and for the execution of which such commissioners, vestry, district 
 board, or owner are or is respectively liable to provide, or whether 
 they or he object or objects to execute such works, and the reasons 
 for such objection. 
 
 If the commissioners of sewers of the city of London, the vestry 
 of any parish, board of works for any district, or any owner or 
 owners give notice to the board of their or his objection to execute 
 any flood works in manner aforesaid, and of the reasons for such 
 objection, the board shall, during the twenty-eight days next after 
 the receipt thereof, consider such objection and reasons, and shall as
 
 ACT, 1879. 42 & 43 VICT. c. cxoviii. ss. 7 11. 733 
 
 soon as may be after the expiration of such last-mentioned period Section 7. 
 of twenty-eight days make such order in relation thereto as the 
 board may think just, and may by such order make any modification 
 or alteration in such flood works, and shall transmit a copy of such 
 order to the body or person making such objection. 
 
 In case the board by any such order make any modification or 
 alteration in the flood works so objected to as aforesaid, they shall 
 amend the plan prepared in manner aforesaid so as to show thereon 
 such modification or alteration, and in such case they shall transmit 
 to the body or person by whom such objection was made two copies 
 of the part of such plan so amended, together with such order. 
 
 The board shall cause a copy of such plan showing all amendments 
 made therein to be kept at their office, and the commissioners of 
 sewers, the vestry of every parish, and the board of works of every 
 district to which copies of any part of such plan or of any amend- 
 ments therein have been transmitted as aforesaid shall cause one of 
 such copies to be kept at their office, and all persons may at all 
 reasonable times inspect any such copy without payment. 
 
 8. Nothing in this Act contained shall authorize the board, not- Limitation 
 withstanding the general definition of the term bank and flood works, O f powers 
 to direct the execution of any works other than such as are necessary as to 
 
 for the protection of lands within the limits of this Act from floods works, 
 and inundations caused by the overflow of the river Thames, and the 
 board shall have no authority under this Act to prescribe or order 
 any works for any other purpose, or any works for the embankment 
 of the river Thames, or any part thereof, in the nature of the various 
 embankments heretofore executed by the board under the authority 
 of any special Act of parliament. 
 
 9. Where in the opinion of the board the erection of a dam of a Powers of 
 fixed or permanent character on any premises would materially inter- board as to 
 fere with the transaction of the business carried on upon the river flood works 
 side of such premises, the board may, instead of ordering such works of a tem- 
 of a fixed or permanent character, by order authorise and require the porary 
 erection of a temporary or moveable dam, subject to such regulations, character, 
 restrictions, and conditions with respect to the fixing, removing, and 
 maintenance of the same as the board may from time to time think 
 necessary ; and the board may by any such regulations, restrictions, 
 
 and conditions authorise the temporary removal of any such dam 
 during such times as they may think proper, and may prohibit the 
 removal or alteration of the same, except during such times and in 
 such manner as to them may seem necessary or proper. 
 
 10. Where the board have ordered the erection of any dam of a Penalty for 
 temporary or moveable character subject to any regulations, restric- breach of 
 tions, or conditions, any person making default in the due observance regulations, 
 or committing a breach of any of the same shall be liable to a penalty &c., as to 
 not less than twenty pounds and not exceeding fifty pounds, and in temporary 
 case of a continuing offence to a further penalty not less than twenty works, 
 pounds and not exceeding fifty pounds for each day after the first 
 
 during which such default or breach continues ; but, save as afore- 
 said, such person shall not be liable to any penalty or damages or 
 to pay any compensation by reason or in respect of any such default 
 or breach. 
 
 11. The commissioners of sewers of the city of London, the vestry Power to 
 of any parish, or the board of works for any district within the limits commis-
 
 734 
 Section 11. 
 
 sioners of 
 sewers of 
 city of 
 London, 
 vestry, or 
 district 
 board to 
 execute 
 flood works. 
 
 Power to 
 owner or 
 owners 
 liable to 
 execute 
 flood works. 
 
 Power to . 
 board to 
 execute 
 flood works 
 in case of 
 default 
 of commis- 
 sioners of 
 sewers of 
 city of 
 London, 
 vestry, 
 district 
 board, or 
 owner. 
 
 Powers for 
 execution 
 of flood 
 works. 
 
 SUPPLEMENT. THAMES RIVEB PBEVENTION OF FLOODS 
 
 of this Act may, within twenty-eight days after the receipt of the 
 copy or copies of such part of such plan transmitted to them as afore- 
 said, if they have not made any objection to execute the flood works 
 shown on such copy, or if they have made any such objection, 
 within twenty-eight days after the receipt by them of the order of 
 the board made after consideration of such objection, give notice in 
 writing to the board of their intention to execute to the satisfaction 
 of the board the flood works shown on such copy, and for the execu- 
 tion of which such commissioners, vestry, or district board are liable 
 to provide, and thereupon such commissioners, vestry, or district 
 board may proceed to execute such works in accordance with 
 such copy, under the authority and with the powers by this Act 
 conferred. 
 
 12. Any owner or owners of premises who is or are liable to pro- 
 vide for the execution upon such premises of any flood works shown 
 on any copy or copies of any part or parts of such plan transmitted 
 to him or them as aforesaid, may within twenty-eight days after 
 the receipt of the copy or copies of such part or parts of such plan as 
 aforesaid, if he or they have not made any objection to execute the 
 flood works shown on such copy or copies, or if he or they have made 
 any such objection, within twenty-eight days after the receipt by 
 him or them of the order of the board made after consideration of 
 such objection, give notice to the board of his or their intention 
 singly or jointly to execute to the satisfaction of the board such works 
 as shown on such copy or copies, and thereupon such owner or 
 owners may, subject to the provisions of this Act, singly or jointly 
 enter upon any such premises and proceed to execute such works in 
 accordance with such copy or copies, under the authority and with 
 the powers by this Act conferred. 
 
 13. If the commissioners of sewers of the city of London, or any 
 vestry, district board, or any owner of premises, neglect during 
 twenty-eight days after the receipt of the copy of any part of such 
 plan as aforesaid, if they or he have not made any objection, to 
 execute the flood works shown on such copy, or if they or he have 
 made any such objection, during twenty-eight days after the receipt 
 by them or him of the order of the board made after consideration of 
 such objection, neglect to give such notice as aforesaid to the board, 
 or within twenty-eight days thereafter neglect to begin to execute 
 any flood works shown on such copy, and for the execution of which 
 such commissioners, vestry, district board, or owner are liable to 
 provide, or fail to carry on or complete such works, when begun, 
 with all reasonable despatch and to the satisfaction of the board, then 
 and in every such case the board may, subject to the provisions of 
 this Act, cause the same to be executed, carried on, or completed, 
 and may for such purpose themselves and by their officers, servants, 
 and workmen enter upon such premises and do all such acts,' 
 manners, and things as may be necessary for the execution of such 
 works. 
 
 14. The board, the commissioners of sewers of the city of London, 
 the vestry of any parish, the board of works for any district, or any 
 owner of premises, in the execution of any flood works, in accordance 
 with the provisions of this Act, may carry the same through, along, 
 across, or under any street, or through, along, across, or under any 
 cellar or vault which may be under the pavement of any street, and 
 into, through, along, across, upon, or under any lands, and may for
 
 ACT, 1879. 42 & 43 VICT, c. oxovni, ss. 1417. 735 
 
 such purpose enter upon any such cellar, vault, and lands, and any Section 14, 
 premises in the vicinity of or adjoining the same or connected 
 therewith, compensation being made for any damage done thereby in 
 manner provided by this Act. 
 
 15. Where for the purpose of executing any flood works in Powers of 
 accordance with the provisions of this Act it is in the opinion of the board to 
 board necessary that the commissioners of sewers of the city of take lands. 
 London, the vestry of any parish, the board of works for any district, 
 
 or any owner of premises liable under this Act to provide for the 
 execution of such works, should take and use any premises not 
 vested in them or subject to their control or management, or of 
 which they or he are or is not the owner, or that the board for the 
 purpose of executing such works in place of them or him should 
 take and use such last-mentioned premises, then and in every such 
 case the board may take and use any such last-mentioned premises 
 which may be required for the purpose of executing such works, and 
 the board shall for such purpose have and may exercise all the 
 powers of taking land conferred upon the board by the principal 
 Act in relation to the taking of lands for works for the purpose of 
 the sewerage or drainage of the metropolis. 
 
 . For the purposes of notices required by the principal Act to be 
 served upon owners or reputed owners of lands before applying for 
 the consent of the secretary of state to the taking of lands compul- 
 sorily, the term " owner " shall, in relation to premises to be taken 8 & 9 Viet, 
 for the purposes of this Act, have the same meaning as in the Lands c. 18. 
 Clauses Consolidation Act, 1845. 
 
 When the board have taken any premises under the authority of 
 this Act, they may by writing under their seal authorize the com- 
 missioners of sewers, the vestry of any parish, the board of works 
 for any district, and any owner to take or use the same for the 
 execution of any flood works in accordance with the provisions of 
 this Act, and thereupon such commissioners, vestry, district board, 
 or owner may for such purpose take and use such premises or any of 
 them, and shall in respect of the same have all and the same powers 
 as though they or he were or was the board. 
 
 16. For the purpose of executing any works under the authority Power to 
 of this Act, the board, the commissioners of sewers of the city of construct 
 London, the vestry of any parish, the board of works for any dis- flood works 
 trict, and any owner of premises liable to execute flood works, on the shores 
 may, subject to the provisions of this Act, construct any such works and bed of 
 through, along, over, or under the bed and soil and banks and the river 
 shores of the River Thames : Provided always, that no such work Thames, 
 shall be constructed in or upon the bed or shore of the River Thames 
 
 as defined by the Thames Conservancy Act, 1857, except with the 20 & 21 Viet, 
 permission of the conservators of the said river, and under a license c. cxlvii. 
 to be granted by the said conservators in accordance with the pro- 
 visions of the said last-mentioned Act. 
 
 17. Notwithstanding anything in this Act, the following provi- Provision as 
 sions shall apply and shall be the only provisions of this Act which to certain 
 shall apply to the execution of flood works in the case of or with dock corn- 
 reference to the following dock companies and their respective panies. 
 undertakings ; that is to say, the London and Saint Katherine 
 
 Docks Company, the Surrey Commercial Dock Company, the 
 Millwall Dock Company, and the East and West India Docks 
 Company :
 
 73 G SUPPLEMENT, THAMES RIVER PREVENTION OP FLOODS 
 
 Section 17. (.) If the board are of opinion that it is necessary for the pro- 
 tection of any lands within the limits of this Act from 
 floods or inundations caused by the overflow of the river 
 Thames that the height or level of any bank of any such 
 dock company should be raised, they may by notice in 
 writing under the hand of the chairman or engineer for the 
 time being of the board, to be served upon the secretary 
 or left at the chief office of the company, require that the 
 height or level of such bank shall be raised by the com- 
 pany to such an extent as the board think necessary and 
 shall specify in the notice ; and if the company do not 
 within one month after the service of the notice upon 
 them as aforesaid give such notice to the board as is 
 hereinafter mentioned, the company shall with all con- 
 venient speed raise the height or level of such bank to the 
 extent specified in the notice. 
 
 (6.) Within the said period of one month the company may give 
 notice in writing to the board that they consider the 
 requirement of the board to be unnecessary in whole or 
 in part for the purpose of such protection as aforesaid, 
 and that they desire that the question whether such require- 
 ment is or is not necessary shall be determined by arbi- 
 tration, and thereupon, iipon the application either of the 
 company or the board, the board of trade may appoint a 
 competent and impartial engineer as arbitrator to determine 
 the question. 
 
 (c.) The arbitrator by his award may direct that the height or 
 level of any bank specified in the notice of the board shall 
 be raised by the company to such an extent as he may 
 consider necessary, and the company shall with all reason- 
 able speed comply with any such direction of the arbitrator. 
 If the arbitrator is of opinion that the requirements of 
 the board are unnecessary in whole or in part, he shall 
 so certify. The award of the arbitrator shall be final and 
 conclusive, and the costs of the arbitration shall be in his 
 discretion. 
 
 Power to 18. For the purpose of giving effect to the provisions of this Act, 
 
 inspect lands, any engineer, surveyor, district surveyor, or other person duly 
 authorized in writing by the board or by the commissioners of sewers 
 of the city of London, or by the vestry of any parish, or by the board 
 of works for any district, or by any owner of premises liable to 
 execute flood works, or the owner of such premises, may enter upon 
 any premises upon which any works executed or to be executed by 
 them or him in pursuance of this Act are or will be situate, for the 
 purpose of inspecting or taking surveys of the same, at any time 
 between the hours of nine o'clock in the forenoon and four o'clock in 
 the afternoon ; and if any person during such hours refuses to allow 
 such engineer, surveyor, district surveyor, or other officer or person, 
 or any such owner, to enter upon any such premises, or obstructs 
 him in the making of such inspection or survey, such person 
 shall be liable to a penalty not exceeding ten pounds, and to a 
 further penalty not exceeding five pounds for every day after the 
 first day during which he so continues to act in contravention of 
 this Act.
 
 ACT, 1879. 42 & 43 VICT. o. cxcvni., ss. 1928. 737 
 
 19. In order to preserve the navigation of the river Lee, the plan Section 19. 
 of any flood works to be constructed under the authority of this 
 Act through, along, over, or under the bed or soil or banks or works 
 shores of the river Lee within the limits of the jurisdiction of the u P on f,, 
 Lee conservancy board under the Lee Conservancy Act, 1868, which ^ve^Le t 
 may interfere with the free navigation of the said river, shall be be approv . e( i 
 approved by the Lee conservancy board in writing under their j,y t L ee 
 common seal before such works are commenced, certifying that conservancy 
 the works according to such plan will not interfere with the board. 
 
 free navigation of the said river, and thereupon such works shall 31 & 32 Viet, 
 only be executed in accordance with such plan, and no alteration c. cliv. 
 shall thereafter be made in such plan, except with the approval 
 of the Lee conservancy board in writing under their common seal as 
 aforesaid. 
 
 20. Nothing in this Act contained shall extend or be construed Saving rights 
 to extend to prejudice or derogate from the rights of the Lee con- of the Lee 
 servancy board, or to prohibit, defeat, alter, or diminish any power, conservancy 
 authority, or jurisdiction which at the time of the passing of this k ar( l. 
 
 Act the Lee conservancy board did or might lawfully claim, use, or 
 exercise, so far as such rights, power, authority, or jurisdiction 
 may be exercised, or for the preserving of the free navigation of the 
 river Lee. 
 
 21. Except in so far as may be necessary for the due execution of Saving rights 
 this Act, nothing in this Act contained shall aifect, alter, abridge, of the com- 
 or interfere with any of the rights or powers at the time of the missioners of 
 passing of this Act vested in the commissioners of sewers for the sewers for 
 levels of Havering, Dagenham, Ripple, Barking, East Ham, West Havering 
 Ham, Ley ton, and Walthamstow, and for the respective borders and * otner 
 confines thereof near to the same, as the same are respectively levels> 
 standing, lying, running, and being in the respective counties of Essex, 
 Middlesex, and Kent, and except in so far as the said rights and 
 
 powers are varied by or are inconsistent with the provisions of this 
 Act they shall continue in full force. 
 
 Maintenance of banks. 
 
 23. The bodies and persons by this Act liable to provide for the Maintenance 
 execution of flood works upon any premises shall respectively be and repair 
 liable to maintain and repair the banks upon the same, and shall for of banks, 
 the purpose of such maintenance and repair, in accordance with any 
 plan or specifications approved of by the board, have all and the same 
 powers, and be subject to all and the same conditions as are by the 
 preceding provisions of this Act conferred and imposed upon them 
 respectively with respect to the execution of flood works in accordance 
 with plans by the board. 
 
 23. From and after the passing of this Act, if any person make Penalty for 
 any alteration to any bank so as to affect the security of the premises alteration of 
 upon which the same is situate, or of any other premises adjacent or banks with- 
 near thereto, from flooding caused by the overflow of the river out consent 
 Thames, without the previous sanction in writing of the board, such ot b ard. 
 person shall be liable to a penalty not exceeding ten pounds, and in 
 the case of a continuing offence to a further penalty not exceeding 
 ten pounds for every day after the first day after the making of such 
 3 B
 
 738 
 Section 23, 
 
 Survey and 
 repair of 
 dangerous or 
 insufficient 
 banks and 
 maintenance 
 and repair of 
 
 SUPPLEMENT, THAMES RIVER PREVENTION OF FLOODS 
 
 alteration until the same be sanctioned by the board as aforesaid, or 
 if the same is not so sanctioned until such bank be restored to its 
 former condition to the satisfaction of the board. 
 
 24. Whenever it is made known to the board that any bank in 
 any parish or in any district within the limits of this Act is out of 
 repair, dangerous, or insufficient for the effectual protection of any 
 premises within the limits of this Act from floods or inundations 
 caused by the overflow of the river Thames, they shall require a 
 survey of such bank to be made by the district surveyor or by some 
 other competent surveyor, and it shall also be the duty of the dis- 
 trict surveyor to make known to the board any information he may 
 receive with respect to any bank being in such state as aforesaid : 
 
 Upon completion of his survey such district or other surveyor 
 shall certify to the board his opinion as to the state of any such bank 
 as aforesaid : 
 
 If such certificate is to the effect that such bank is not out of re- 
 pair, dangerous, or insufficient for the purposes aforesaid, no further 
 proceedings shall be had in respect thereof ; but 
 
 If it is to the effect that such bank is out of repair, dangerous, or 
 insufficient for the purposes aforesaid, the board shall cause notice 
 thereof to be served upon the commissioners of sewers of the city 
 of London, the vestry of any parish, or the board of works for any 
 district, or owner of premises liable to execute flood works in rela- 
 tion thereto, specifying the flood works which are in their opinion 
 necessary for repairing such bank, removing any cause of danger in 
 relation thereto, or rendering the same sufficient for the purposes 
 aforesaid (which works are in this Act referred to as " works of 
 maintenance "), and transmitting therewith a plan showing the line 
 and level of the same, and such sections, estimates, and other infor- 
 mation relating to the same as they may think proper, and there- 
 upon all the preceding provisions of this Act as to the giving notices 
 to the board in relation to the execution of such works, and to objec- 
 tions as to the mode of such execution, and to the execution of such 
 works, shall extend and apply to the giving of notices to the board 
 in relation to the execution of such works of maintenance, and to 
 objections as to the mode of such execution, and to the execution of 
 such works of maintenance, in like manner in every respect as 
 though such works of maintenance had been works shown on the 
 plan referred to in such preceding provisions and prepared by the 
 board immediately after the passing of this Act as aforesaid. 
 
 Mode of 
 ascertaining 
 amount of 
 compensation 
 for damages 
 caused by 
 execution of 
 flood works, 
 &c. 
 
 25. Any person or body who claims compensation for any damage 
 caused by the execution of any flood works under the authority of 
 this Act, or in respect of any lands or any interest in lands taken or 
 used for the purposes of or injuriously affected by the execution of 
 flood works under the authority of this Act, may claim such com- 
 pensation from the board ; and if such person or body and the board 
 do not agree with respect to such claim, then and in every such case 
 the .validity of such claim and the amount of compensation (if any) 
 payable in respect thereof shall, on the application of either party, 
 be determined by arbitration by the standing arbitrator hereinafter 
 referred to, subject to and in accordance with the provisions of this 
 Act, and such provisions shall be in substitution for the provisions 
 with respect to the tribunal for determining the settlement of ques-
 
 ACT, 1879. 42 & 43 VIOT. c. cxcvni., ss. 2527. 739 
 
 tions of disputed compensation contained in the principal Act or any Section 25. 
 
 Act incorporated therewith, and the amount of compensation pay- 
 
 able in respect of any such claim, when agreed upon or determined 
 as aforesaid, shall be paid by the board as though the same were 
 compensation payable in respect of lands taken under the authority 
 of the principal Act ; Provided always, that the owner or occupier 
 of any lands shall not be entitled to any compensation on account of 
 the execution by himself or by 'any other person or body of any 
 flood works for which such owner is in pursuance of this Act liable 
 to provide upon any lands of which he is the owner or occupier un- 
 less after the execution of such works such lands are permanently 
 injuriously affected thereby, and then only to the extent of such 
 permanent injury. 
 
 26. When any claim is made for compensation under the authority Powers of 
 of this Act the standing arbitrator shall have power to decide upon standing 
 the validity of such claim, and to determine what (if any) cpmpen- arbitrator as 
 sation shall be made to the person or body making such claim, and am <>unt ot 
 in adjudicating upon such claim the standing arbitrator shall have compensation, 
 regard to the nature of the flood works with respect to which the 
 
 claim has arisen, the manner in which the same have been executed, 
 the benefit (if any) which has accrued or which may reasonably be 
 expected to accrue to the person or body making such claim by 
 reason of the execution of such works, and generally to all the cir- 
 cumstances of the case ; and the standing arbitrator may, in deter- 
 mining the compensation to be paid for any lands or interest in lands 
 taken or injuriously affected under the authority of this Act, accord- 
 ing as he shall think fit, include in or exclude from such compensa- 
 tion an allowance in respect of the compulsory powers of this Act, 
 and he may make such order as to the payment of the costs of such 
 arbitration wholly or in part by the board or the claimant, as he 
 shall think just. 
 
 27. For the purpose of determining the validity of claims for com- Appointment 
 pensation and the amount of compensation payable in respect of any f standing 
 claim declared to be valid by this Act directed to be settled by arbi- arbitrator, 
 tration, there shall be an arbitrator, in this Act called the " standing 
 arbitrator," appointed and acting as follows ; (that is to say,) 
 
 (1.) The secretary of state shall, before the 31st day of December 
 in the year 1879, and before the same day of December in 
 every third succeeding year, by writing under his hand 
 appoint a standing arbitrator and fix the remuneration to be 
 paid to him, and every person so appointed shall continue in 
 office for three years from such 31st day of December in 
 such years respectively: 
 
 (2.) Any standing arbitrator may be removed from his office by the 
 secretary of state by writing under his hand : 
 
 (3.) If any standing arbitrator during his term of office dies or 
 resigns or is removed from office, the secretary of state shall 
 in manner aforesaid, within one month after notice of his 
 death or resignation or removal, appoint another person to 
 be a standing arbitrator in his place, and the person so ap- 
 pointed shall continue in office as long only as the person in 
 whose place he is appointed would have been entitled to 
 continue in office : 
 
 (4) The remuneration of the standing arbitrator shall be paid by 
 the board. 
 
 Before any standing arbitrator enters upon the duties of his office 
 SB 2
 
 740 
 
 SUPPLEMENT. THAMES BIVEK PKEVENTION OP FLOODS 
 
 Section 27. he shall, in the presence of a justice, make and subscribe the following 
 declaration ; (that is to say,) 
 
 " I, A. B., do solemnly and sincerely declare that I will faithfiilly 
 and honestly, and to the best of my skill and ability, hear 
 and determine all matters which may from time to time be 
 referred to me under the provisions of the Metropolis Manage- 
 ment (Thames River Prevention of Floods) Amendment 
 Act, 1879. 
 
 A. B." 
 
 And if the standing arbitrator having made such declaration wilfully 
 acts contrary thereto, he shall be guilty of a misdemeanor. 
 
 If any reference is pending before a standing arbitrator at the time 
 when he resigns or goes out of office by effluxion of time, it shall 
 nevertheless be proceeded with by him, and his decision shall have 
 the like effect as if he had not resigned or gone out of office. 
 
 Proceedings 28. The standing arbitrator shall appoint a place and time for 
 
 before the hearing of any matter coming before him, and shall cause six days 
 
 standing previous notice thereof to be given in such manner as he shall think 
 
 arbitrator. proper, and at such place and time shall consider such matter and 
 
 hear the parties appearing by themselves, their counsel, solicitors, or 
 
 agents, and' take evidence, and the standing arbitrator may administer 
 
 an oath or an affirmation (where an affirmation in lieu of an oath 
 
 would be admitted in a court of justice) to any person before hearing 
 
 any evidence from him, and may admit the affidavit or declaration of 
 
 any person. 
 
 The standing arbitrator, on the application of any party, may by 
 summons require the attendance before him of any person to be 
 examined as a witness before him, and may, on the like application, 
 by summons require any person to bring before him all books, papers, 
 and writings in his possession, custody or control relating to any 
 matter to be inquired into by the standing arbitrator. 
 
 Every person so summoned shall attend the standing arbitrator 
 and answer all questions touching the matter to be inquired into, and 
 bring and produce all papers, books, and writings required according 
 to the tenor of the summons ; and every such person not attending 
 in obedience to such summons, or refusing to answer such questions, 
 or failing to bring or produce such papers, books, and writings as 
 aforesaid, shall be liable, if the standing arbitrator shall so order, to 
 a penalty not exceeding fifty pounds : Provided that any person so 
 summoned shall not be bound to obey the summons unless a reason- 
 able sum is first paid or tendered to him for his expenses. 
 
 If any person on examination on oath or affirmation before the 
 standing arbitrator, or in any affidavit or declaration used before the 
 standing arbitrator, wilfully gives false evidence, he shall be deemed 
 guilty of perjury. 
 
 In case any party fail to appear at the time and place appointed 
 for the hearing of any matter by the standing arbitrator, the stand- 
 ing arbitrator may proceed with the hearing of such matter in the 
 absence of such party. 
 
 The decision of the standing arbitrator in any arbitration under 
 this Act shall be final and binding upon the parties to such 
 arbitration. 
 
 No award made by the standing arbitrator in accordance with this 
 Act shall be set aside for any irregularity or informality.
 
 ACT, 1879. 42 & 43 VICT. c. cxcvni., ss. 2931. 741 
 
 Financial. 
 
 29. The expenses from time to time incurred by the commissioners Section 29. 
 of sewers of the city of London in the execution of any flood works p avmen ^ O f 
 under this Act, and any expenses which the board may from time to ex p enseg O f 
 time require payment of from the said commissioners as hereinafter comm j s . 
 provided, shall be paid by the said commissioners out of any rates s i onerg O f 
 which the said commissioners are authorized to direct to be made sewers of 
 under any Act relating to the sewerage of the said city, or out of c ity of 
 moneys borrowed on the security of such rates ; and the said com- London. 
 missi oners shall have full power from time to time to raise the amount 
 
 of any such expenses, and the interest on any moneys borrowed aa 
 aforesaid, and any moneys required for the repayment thereof, by 
 any such rate which they may be authorized to direct to be made as 
 aforesaid or by any addition thereto. 
 
 30. Any vestry or district board, for the purposes of paying any Payment of 
 expenses from time to time incurred by them in the execution of any expenses of 
 flood works under this Act, or any expenses which the board may vestries and 
 from time to time require payment of as hereinafter provided, shall district 
 from time to time raise the 'sums they may require by borrowing or boarcls ' 
 
 by means of rates in every respect as if such expenses were expenses 
 of such vestry or district board incurred in the execution by them of 
 the principal Act in relation to the sewerage of their parish or 
 district ; and any such vestry or district board in any case in 
 which it appears to them that such expenses have been incurred 
 for the special benefit of any particular part of their parish or 
 district, or have not been incurred for the equal benefit of the 
 whole of their parish or district, may by order direct the sum or 
 sums necessary for defraying such expenses, or any part thereof, to 
 be levied in such part or exempt any part of such parish or district 
 from the rates, or require a less rate to be levied thereon, as the cir- 
 cumstances of the case may require ; and any such district board 
 may refrain, where any entire parish or parishes ought in their judg- 
 ment to be so exempt, from levying any money thereon, notwith- 
 standing they may issue any order or orders for levying sums upon 
 any other parish or parishes in their district. 
 
 All the provisions of the principal Act concerning orders by 
 vestries and district boards requiring overseers of parishes to levy and 
 pay sums required by vestries and district boards for defraying their 
 expenses in relation to the sewerage of their parish or district as 
 
 poses, and for levying and enforcing payment of the same, shall 
 extend and apply to and in the case of all sums required by vestries 
 and district boards for defraying the expenses incurred by them in 
 the execution of this Act, and for paying interest on moneys 
 borrowed for the payment of such expenses and for repaying such 
 moneys under the authority of this Act. 
 
 31. Where the board execute any flood works for the execution of Power to 
 
 which the commissioners of sewers of the city of London, the vestry board to re- 
 
 of any parish, the board of works of any district, or any owner of cover expen- 
 
 premises were or was liable to provide, they may by order require ses incurred 
 
 payment of and recover the whole or such part as they may think by them 
 
 just of the expenses incurred by them in respect of the execution of * n whole or 
 
 in part.
 
 742 
 
 SUPPLEMENT. THAMES RIVER PREVENTION OP FLOODS 
 
 Section 31. the same (exclusive of any moneys paid or any expenses incurred by 
 them in respect of or in relation to compensation) from the said 
 commissioners, from such vestry, board of works, or owner : 
 
 ProAdded also, that if the said commissioners or any vestry, district 
 board, or owner feel aggrieved by the amount of any sum required 
 by order of the board to be paid by them or him in respect of any 
 such expenses so incurred by the board as aforesaid, they or he may 
 at any time within twenty-one days after service of any such order 
 decline to pay such amount, and thereupon the amount of such sum 
 shall be determined by arbitration by the standing arbitrator, who, 
 upon the application of either party, shall, having regard to all the 
 circumstances of the case, determine the amount of the sum to be 
 paid to the board in respect of such expenses, and shall make such 
 order as to the payment of the costs of such arbitration as he shall 
 think just, and the amount so fixed shall be paid to and may be 
 recovered by the board. 
 
 Where any sum is payable to the board by any owner of premises 
 in pursuance of this section, the board shall, if required by siich 
 owner, accept payment of such sum by half-yearly instalments of 
 such amount as will be sufficient to discharge the same, together 
 with interest on so much thereof as shall for the time being remain 
 unpaid, at the rate of five pounds per centum per annum, in thirty 
 years from the date when such sum became payable by such owner, 
 and thereupon the board shall be entitled from time to time to 
 require payment of such half-yearly instalments from the owner of 
 such premises for the time being ; and until all such instalments 
 shall be fully paid off they shall be a charge upon such premises in 
 priority of all other charges and incumbrances whatsoever, except 
 the land tax and the property tax charged upon the owner, and shall 
 from time to time be paid by the owner of such premises for the 
 time being to and may be recovered by the board. 
 
 Rentcharge 
 may be 
 granted in 
 respect of 
 works. 
 
 32. Where any owner of lands has incurred any expenses in pur- 
 suance of this Act, the Board on being satisfied that such expenses 
 have been duly incurred, may by order under their seal grant to such 
 owner a yearly rentcharge issuable out of the lands in respect whereof 
 such expenses have been incurred and specified in such order, and 
 thereupon such lands shall be subject to and charged with the pay- 
 ment of such rentcharge in priority of all other charges or incum- 
 brances whatsoever (except the land tax and the property tax charged 
 upon the owner), and such rentcharge shall be payable by the person 
 who for the time being is the owner of such premises. 
 
 Such rentcharge shall be personal estate, and shall begin to accrue 
 from the day of completion of the works in respect of which sucli 
 expenses shall in any such order be expressed to have been incurred, 
 and shall be payable by equal half-yearly payments on the days 
 mentioned in such order during a term not exceeding thirty years, in 
 such manner that the whole of such expenses, with the cost of pre- 
 paring the said order, together with interest thereon respectively at 
 the rate of five pounds per centum per annum on the sum from 
 time to time remaining unpaid, shall be repaid at the end of the said 
 term. 
 
 At any time before the expiration of the term during which any 
 such instalments or any such rentcharge are or is payable, the person 
 liable to pay the same may redeem such instalment or rentcharge by 
 paying to the board or to the person entitled to receive the expenses 
 in respect of which such instalments are payable or such rentcharge 
 was granted, or such part thereof respectively as may not have been
 
 ACT, 1879. 42 & 43 VICT. c, cxcvm., ss. 8285. 743 
 
 defrayed by the half-yearly payments of such instalments or rent- Section 32. 
 charge respectively already made. 
 
 Whenever any annual payment by way of instalment or rent- 
 charge is under this Act payable by the owner for the time being of 
 any lands, and such owner for thirty days after notice requiring him 
 to pay the same makes default in paying the same, then and in every 
 such case the board or the person entitled thereto shall be at liberty 
 to require the occupier of such premises to pay the same to them or 
 him, and in case any such occupier shall for fourteen days after 
 notice in writing by the board or person so entitled as aforesaid 
 requiring him to make such payment make default therein, then and 
 in every such case the board or such person entitled as aforesaid may 
 recover the amount due in respect of such rentcharge or instalments 
 from such occupier in the same manner and with the like remedies_in 
 every respect as if they or he were overseers of the poor of the parish 
 in which such premises are situate, and as if the amount due were 
 poor rates in arrear in respect of such premises : Provided always, 
 that where any payment is made by or recovered from any occupier 
 tinder this section, he shall be entitled to deduct the amount of the 
 same from any payment he may from time to time be liable to make 
 to the owner until he be reimbursed such amount. 
 
 33. The board, for the purpose of paying any expenses from time Power to 
 
 to time incurred by them under this Act, may apply any moneys apply moneys 
 raised or authorised to be raised by them under any Act of parlia- raised under 
 ment and not required for the purposes of that Act, and also any other Acts to 
 moneys which they may be authorized to raise for the purposes of expenses 
 this Act. incurred by 
 
 board under 
 
 34. All expenses incurred by the board in the execution by them Expenses of 
 of this Act, and not hereby otherwise provided for, shall be deemed 
 
 to be expenses incurred by them in the execution of the principal 
 Act, and shall be raised and paid accordingly. 
 
 35. Nothing in this Act contained shall exempt from liability to As to liability 
 maintain and repair any bank any person or body who is by Act of in respect of 
 parliament, by prescription, or by reason of tenure, or otherwise by certain flood 
 law liable to maintain or do any repairs to any bank : Provided works for 
 always, that whenever any flood works have been executed by any which persons 
 
 body or person in pursuance of this Act affecting such bank, and in are liable 
 relief of the liability of the person or body liable to maintain or do ^y Act of 
 
 ' 
 
 any repair to such bank as aforesaid in respect of such maintenance 
 and repair thereof, then and in every such case the person or body P7 P rescn P' 
 so liable as aforesaid shall pay to the body or person executing such l f , ' 
 works such sum as is hereafter in this section mentioned. ^ j aw 
 
 The sum to be paid by such person or body in respect of such 
 works shall be such sum as may be agreed on between such person 
 or body and the body or person executing such works as aforesaid, 
 or in default of agreement as may be settled by arbitration by the 
 standing arbitrator, who, upon the application of either party, shall 
 settle the same, and shall in settling the same have regard to the 
 expenses which the person or body by whom such sum is to be 
 paid would have reasonably been liable to incur in respect of the 
 maintenance or repair of such bank as aforesaid if such works had 
 not been executed as aforesaid, and who shall make such order as 
 to the payment of the costs of such arbitration as he shall think 
 just.
 
 744 
 Section 35. 
 
 Recovery of 
 
 expenses. 
 
 As to notices 
 and orders. 
 
 Agreement 
 between 
 landlord 
 and tenant 
 not to be 
 avoided. 
 
 Saving 
 rights of 
 the conser- 
 vators of 
 the river 
 Thames. 
 
 Saving 
 rights of 
 
 SUPPLEMENT, THAMES RIVER PREVENTION OF FLOODS 
 
 Any moneys received by the board, the commissioners of sewers of 
 the city of London, the vestry of any parish, or the board of works 
 of any district under the provisions of this section, shall be applied 
 by them towards the payment of the expenses which they have 
 incurred or may incur in the execution of works in pursuance of the 
 provisions of this Act. 
 
 Where the expenses of any such works are made a charge by the 
 board upon any premises, any moneys received by the board in 
 respect of the same under the provisions of this section shall be 
 applied by the board in reduction of the amount of such charge. 
 
 Miscellaneous. 
 
 36. Any expenses recoverable by the board under the authority of 
 this Act may be recovered in manner prescribed by the principal Act 
 with respect to the recovery of expenses directed by that Act to be 
 recovered in a summary manner. 
 
 37. A notice or order under this Act may be wholly or partly in 
 writing or in print, and may be served on the owner or occupier of 
 any premises by leaving the same with the occupier of such pre- 
 mises or with some inmate of his abode, or if there is no occupier 
 by putting up such notice, plan, or order on a conspicuous part of 
 the building or premises to which the same relates, and it shall not 
 be necessary to name the owner or occupier of such premises ; never- 
 theless, when the owner of any such premises and his residence or 
 that of his agent is known to or can with reasonable diligence be 
 discovered by the party by whom or on whose behalf any notice or 
 order is intended to be served, it shall be the duty of such party to 
 send a copy of every such notice or order by the post in a registered 
 letter addressed to the residence or last known residence of such 
 owner or of his agent. 
 
 The term " notice" in this section shall include plan. 
 
 38. Nothing in this Act contained shall be taken to avoid any 
 contract made between any landlord and tenant of any lands to which 
 the provisions of this Act relate with respect to the execution of any 
 flood works or of any other works for the protection of such lands or 
 any lands adjoining or near the same from floods or inundations 
 caused by the overflow of the river Thames, or with respect to the 
 maintenance and repair of such lands, or of any house, building, or 
 other erection thereupon, or with respect to any payments, rates, 
 dues, and sums of money payable in respect of such lands, house, 
 building, or other erection ; and any moneys paid by any landlord or 
 any tenant in pursuance of this Act, in relation to any matters with 
 respect to which under any such contract such tenant or landlord is 
 liable, may be recovered by such landlord as rent due by such tenant, 
 or be deducted by such tenant from any rent from time to time due 
 by him to such landlord. 
 
 39. Nothing in this Act contained shall extend or be construed to 
 extend to prejudice or derogate from the estates or rights of the con- 
 servators of the river Thames, or to prohibit, defeat, alter, or diminish 
 any power, authority, or jurisdiction which at the time of the passing 
 of this Act the said conservators did or might lawfully claim, use, or 
 exercise. 
 
 40. Nothing contained in this Act shall extend to authorise the 
 board to take, use, enter upon, or interfere with any land, soil, or
 
 ACT, 1879. 42 & 43 VICT. c. cxcvra., ss. 4045. 745 
 
 water, or any rights in respect thereof, belonging to Her Majesty, her Section 40. 
 
 heirs or successors, in right of the duchy of Cornwall without the 
 
 consent in writing of some two or more of such of the regular officers the duchy 
 
 of the said duchy or of such other persons as may be duly authorised of Cornwall. 
 
 under the provisions of the Duchy of Cornwall Management Act, 26 & 27 Viet. 
 
 1863, section 39, to exercise all or any of the rights, powers, privi- c. 49. 
 
 leges, and authorities by the said Act" made exercisable or otherwise 
 
 for the time being exercisable in relation to the said duchy, or 
 
 belonging to the Duke of Cornwall for the time being, without the 
 
 consent of such duke, testified in writing under the seal of the duchy 
 
 of Cornwall, first had and obtained for that purpose, or to take away, 
 
 diminish, alter, prejudice, or affect any property, rights, profits, pri- 
 
 vileges, powers, or authorities vested in or enjoyed by Her Majesty, 
 
 her heirs or successors, in right of the duchy of Cornwall, or in or 
 
 by the Duke of Cornwall for the time being. 
 
 41. Nothing contained in this Act shall authorise the board, the Saviug 
 commissioners of sewers of the city of London, the vestry of any rights of 
 parish, the board of works for any district, or any owner of premises the Crown. 
 liable to execute flood works, to take, use, or in any manner interfere 
 
 with any land or hereditaments, or any rights of whatsoever descrip- 
 tion, belonging to the Queen's most excellent Majesty in right of her 
 crown and under the management of the commissioners of Her 
 Majesty's woods, forests, and land revenues, or either of them, with- 
 out the consent in writing of the same commissioners, or one of them, 
 on behalf of Her Majesty, first had and obtained for that purpose 
 (which consent such commissioners are hereby respectively au- 
 thorised to give) ; neither shall anything in the said Act contained 
 extend to take away, prejudice, diminish, or alter any of the estates, 
 rights, privileges, powers, or authorities vested in or enjoyed or 
 exercisable by the Queen's Majesty, her heirs or successors. 
 
 42. Nothing in this Act shall authorise the board to exercise any Saving rights 
 power or control whatsoever in or over any lands or hereditaments Aspect of "ra- 11 
 which now are or hereafter shall be vested in the crown or in the perty vested in 
 commissioners of Her Majesty's works and public buildings for he commit" 1 
 public purposes or for the public service, or under the management gioners of Her 
 of the said commissioners for the like purposes or service. Majesty's 
 
 43. From and after the passing of this Act the provisions of sec- So much^ sec- 
 
 of the principal Act, so far as they of | & i^Vict. 
 
 tions sixty-nine and seventy of the princi . 
 
 relate to the execution and maintenance of flood works and banks as c. 120, as relate 
 
 defined by this Act by vestries and district boards, shall cease to be tc^ce^'to 
 
 in force or to have effect. be in force. 
 
 44. Every penalty, fine, or forfeiture imposed by this Act, or for Recovery 
 default or breach of any regulation, restriction, or condition made or andappl ca- 
 imposed in pursuance thereof, may be sued for and recovered by the t } on of penal- 
 board, or any officer or servant by them authorized, as if it were a " es> 
 penalty or forfeiture imposed by the principal Act, and shall be paid 
 
 to the board and applied by them towards the expenses of carrying 
 this Act into execution, anything contained in an Act made and 
 passed in the session holden in the second and third years of the 
 reign of Her present Majesty, chapter seventy-one, or in any other 
 Act or Acts, to the contrary notwithstanding, 
 
 45. The costs, charges, and expenses preliminary to and of and Expenses of 
 incidental to the preparing of, applying for, obtaining, and passing of Act; 
 
 this Act shall be paid by the board. 
 3 C
 
 INDEX. 
 
 A 
 
 PAGE 
 
 Abatement See Nuisance. 
 
 metropolitan board to make, on assessment in respect of 
 
 property exempt from sewers rate 273 
 
 Abettor 
 
 provision as to, causing offences ... 196 
 
 Abstract 
 
 of accounts of metropolitan board and district boards and 
 
 vestries 122 
 
 of accounts of vestries and district boards to be printed 
 
 annually, and sent to metropolitan board ... ... 123 
 
 Accesses 
 
 to stairs (Metropolitan Building Act) 283 
 
 Accidents And see Building, Street. 
 
 lights on works, during night, to prevent ... ... ... 65 
 
 precautions against, by persons laying out or building in 
 
 new street ... ... ... ... 69 
 
 connected with explosive, under Explosives Act, 1875 ... 466 
 
 reconstruction of buildings destroyed by 467 
 
 coroners inquest on death from 468 
 
 Accounts See Auditor. 
 
 annual, to be kept by metropolitan and district boards and 
 
 vestries 120 
 
 of other parochial boards in parishes in schedules (A) 
 
 and(B) 122 
 
 abstract to be made in June in each year 122 
 
 abstract to be printed 122 
 
 and sent to metropolitan board 123 
 
 to be open to inspection 123 
 
 copies of, may be sold 123 
 
 of metropolitan board, to be laid before parliament ... 124 
 metropolitan board to keep separate, of amount raised for 
 different Acts (Metropolitan Board of Works (Loans) 
 
 Act, 1869) 256 
 
 may be consolidated ... 256 
 
 of expenses of works respecting party structure to be deli- 
 vered to adjoining owner (Metropolitan Building Act, 
 
 1855) ... 7. 304 
 
 appeal against, by adj oining owner 304 
 
 audit of, in respect of expenses incurred under Fire Brigade 
 
 of water companies (Metropolitan Water Act, 1871) ... 390 
 3 c 2
 
 ii Index, 
 
 ACCOUNTS continued. ' PAGE 
 
 audit of, of water companies 390 
 
 form of, in case ot gas companies (Metropolis Gas Act, 
 
 1860) 415 
 
 audit of, under Artizans and Labourers Dwellings Im- 
 provement Act, 1875 570 
 
 local authority to present annual, to secretary of state, 
 under Artizans, &c., Dwellings Act, 1868, Amendment 
 Act, 1879 724 
 
 Act 
 
 Metropolis Local Management, 1855 ... ... ... 1 
 
 1 & 2 Will. 4, c. 60, repealed as regards parishes in scheds. 
 
 (A. ) & (B.), except as provided 2 
 
 local, certain powers under, to be vested in vestries and 
 
 district boards 47 
 
 Metropolitan Market Act, 1851, license of slaughter-houses 
 
 under ... ... ... ... 72 
 
 baths and washhouses, burials, &c., Acts, saving 49 
 
 Nuisances Removal and Diseases Prevention Acts, vestries 
 
 and district boards to execute duties and powers under 73 
 Nuisances Removal Act, 1855, not to abridge powers of 
 
 commissioners of sewers, &c. ... ... ... ... 622 
 
 payment of liabities of metropolitan commissioners of 
 
 sewers under 87 
 
 Lands Clauses Consolidation Act, 1845, incorporation of 
 
 certain provisions ... ... ... ... ... 91 
 
 3 & 4 Will. 4, c. 90 (Lighting) sums for defraying ex- 
 penses of lighting parishes, &c 98 
 
 Metropolitan Sewers Act, 1848, and amending Acts 
 
 powers under to cease ... ... ... ... ... 86 
 
 exemptions under, from sewers rate to be allowed 103 
 
 Valuation (Metropolis), 1 869 100 
 
 14 & 15 Viet. c. 23 advances by commissioners under ... 116 
 
 11 & 12 Viet. c. 43 recovery of penalties under 135 
 
 5 & 6 Viet. c. 48 for paving Ely Place, saving of powers 
 
 of commissioners under ... " 138 
 
 Crown Estate Paving Act, 1851 saving of powers and 
 
 property of commissioners under ... ... ... 140 
 
 Acts relating to Metropolitan Sewage Manure Company, 
 
 saving of rights under ... ... ... 141 
 
 in force in any parish, &c., within the Act repeal of, so 
 
 far as inconsistent with Act ... ... ... ... 142 
 
 extension of, to certain parishes by order in council . . . 143 
 
 interpretation of 143 
 
 commencement of ... ... ... ... ... ... 145 
 
 19 & 20 Viet. c. 1 12, to amend Metropolis Management Act' 
 
 1855 1 161 
 
 Compulsory Church Rate Abolition, 1868 ... 161n 
 
 powers under local, declared to be transferred to vestries, &c. 1 62 
 
 Poor Rate Assessment and Collection, 1869 164 
 
 Parochial Assessment Act rental under, for qualification 
 
 of vestryman or auditor ... ... ... jg5 
 
 Metropolis Management Act Amendment Act, 1862 ... 167 
 powers under Lands Clauses Consolidation Act to take 
 
 land for roads, &c. ... ... ... 1 73 
 
 General Paving (Metropolis) Act, 57 Geo. 3, c. 29 certain 
 
 powers under, to extend to metropolis 201
 
 Index. iii 
 
 ACT continued. PAGE 
 7 Geo. 4, c. 142 (Turnpike Trusts), 140th section of, re- 
 pealed 202 
 
 Metropolitan Market Act, 1857 35th section of, repealed 213 
 14 & 15 Viet. c. 61, and 20 & 21 Viet c. 21 notice of ap- 
 plication for license for slaughter-house under ... 216 
 
 Metropolitan Police, application of penalties 221 
 
 short titles of Metropolis Management Acts ... ... 225 
 
 Stock Certificate, 1863 249 
 
 Metropolitan Poor, 1867 259 
 
 10 Geo, 4, c. 68 (St. Paul's, Covent Garden) certain powers 
 
 under, to become vested in vestry of parish 333 
 
 relating to Thames embankments ... 243?i 
 
 Finsbury Park Act continues ... ... ... ... 226 
 
 Companies' Clauses, 1845, incorporated with Metropolitan 
 
 Building Act, 1855, for certain purposes 306 
 
 9 Geo. 2, c. 36, not to apply to conveyances under Metro- 
 politan Commons A ct ... ... ... ... ... 353 
 
 Gas Works Clauses, 1847, incorporated with Metropolis 
 
 Gas Act, 1860, except as provided 406 
 
 list of, authorizing making of roadways (see Subways Act) 49 
 
 Action 
 
 by, or against, commissioners under local Acts, not to abate 50 
 by, or against, metropolitan commissioners of sewers, not 
 
 to abate 86 
 
 tender of amends before 133 
 
 for the recovery of sums assessed on extra-parochial pro- 
 perty for payment of debts 177 
 
 for the recovery of compensation or remuneration for con- 
 necting sewers ... ... ... ... 182 
 
 for recovery of expenses of constructing sewers in new 
 
 streets 190 
 
 for recovery of expenses of sewers in places where pre- 
 viously open or no sewers 190 
 
 for the recovery of contributions to the expense of sewers . 193 
 for expense of works for making drains in lieu of those 
 
 improperly executed ... ... ... 194 
 
 penalty for not executing works pursuant to sections 73, 
 74, 76, 81, 85 and 86 of original Act, may be reco- 
 vered by ... ... ... ... ... ... ... 196 
 
 penalty for placing building or encroachment on sewers 
 
 may be recovered by ... ... ... 198 
 
 penalty for interfering with sewers maybe recovered by... 199 
 for expenses of removing buildings unlawfully erected 
 
 beyond general line ... ... ... ... ... 206 
 
 for expenses of paving new street ... ... 206 
 
 expenses of draining courts, &c., on default, may be reco- 
 vered by 208 
 
 against metropolitan board, vestries and district boards, 
 
 and officers ... ... ... ... 222 
 
 against boards and vestries, to be brought within six months 223 
 
 notice, venue, limitation, &c. 223 
 
 addition or alteration to building under Metropolitan 
 
 Building Act, 1855 278 
 
 to be tried in the county or place where cause of, accrued . 224 
 
 defendant in, may plead the general issue 224 
 
 notice of, under Building Act 310
 
 iv Index. 
 
 ACTION continued. PAGE 
 
 limitation of time for bringing ... ... ... ... 310 
 
 venue; pleading in ... ' : iJ.' r ''- ;: . v . 1 . t ^ ... 310 
 
 limitation of, under Gas Act, 1859 ... -j..i -:tH, i; .iul< ; ... 404 
 
 Addition 
 
 or alteration under Metropolitan Building Act, 1855 ... 278 
 to works for house drainage ... ... ... 40 
 
 Adjoining Owner 
 
 definition of, under Metropolitan Building Act, 1855 ... 298 
 
 rights of, in respect of party structures 300 
 
 rules as to exercise of rights by, in respect of party 
 
 structure 301 
 
 rules as to expenses to be borne jointly by building owner 
 
 and 303 
 
 security by building owner 303 
 
 account of expenses of works to be delivered to ... ... 304 
 
 may appeal against account ... ... ... 304 
 
 where building owner has incurred expenses on requisition 
 
 of, to be liable for expenses ... ... 305 
 
 until payment of expenses building owner to stand pos- 
 sessed of structure 305 
 
 Admiralty 
 
 approval of, for works on bed or foreshore of Thames ... I8n 
 Adulteration See Food and Drugs. 
 Advances See Loan, Mortgage. 
 Agent 
 
 person receiving rack-rent as, within definition of owner, 
 
 under Metropolis Management Act, 1855 144 
 
 under Nuisances Removal Act 605 
 
 lord of the manor, &c., may appoint, for purposes of scheme 
 
 as to common 352 
 
 Agreement, Bond, &e See Contract. 
 
 existing with any commissioners or public bodies to remain 
 
 valid 50 
 
 between landlord and tenant not to be affected, as to pay* 
 
 ment of rates, &c. 132 
 
 between the London and North -Western Railway Com- 
 pany and St. Pancras paving commissioners con- 
 firmed 138 
 
 saving of rights as between landlord and tenant, in relation 
 to consolidated rate (Metropolitan Board of Works 
 (Loans) Act, 1869) 254 
 
 between landlord and tenant not affected by Thames 
 
 Floods Prevention Act 744 
 
 between turnpike trustees and promoters of tramway as to 
 
 user of road 517 
 
 Allowance 
 
 to assessors of rates in places in sched. (C) ... ... ... 110 
 
 retiring, to officers of commissioners of sewers 129 
 
 metropolitan board, district boards, and vestries may grant 
 
 superannuation, in certain cases ... ... ... 270 
 
 not to be assignable for debts, &c 270 
 
 restriction as to age ... ... ... ... 271
 
 Index. v 
 
 ALLOWANCE continued. PAGE 
 
 scale of superannuation ... 271 
 
 power to increase, in case of certain officers 271 
 
 or abatement in assessment of metropolitan board in 
 respect of property wholly or partially exempt from 
 
 sewers rate ... 273 
 
 to fire brigade on retirement 339 
 
 Alteration 
 
 of numbers of vestrymen 4 
 
 of members of metropolitan board of works 15 
 
 in sewers, by vestries and district boards ... ... ... 35 
 
 of works for house drainage ... ... ... ... ... 40 
 
 in names of streets, register to be kept 84 
 
 of buildings, except as provided, subject to rules of Metro- 
 politan Building Act 279 
 
 by metropolitan board of rules as to thickness of walls . . . 293 
 
 to building, fee for 319 
 
 in theatres, &c., in case of structural defects 329 
 
 of terms of license under Explosives Act, 1875 442 
 
 of building, under Metropolis Management and Building 
 
 Act Amendment Act, 1878 333 
 
 of price of gas, notice of 415 
 
 of level of rail way or canal 183 
 
 Amendment 
 
 of assessments and precepts ... 175 
 
 of thing done contrary to rules of Metropolitan Building 
 
 Act, 1855 290 
 
 Amends 
 
 tender of 133 
 
 board or vestry may tender, after notice of action, and 
 
 plead same, &c 224 
 
 plaintiif in action under Gas Act, 1859, not to recover 
 
 after tender of 404 
 
 Amount 
 
 if, of compensation is disputed, may be ascertained and 
 recovered before justices, if under 50, if over, by 
 arbitration 133 
 
 Analysis 
 
 of food and drugs under Sale of Food and Drugs Act, 1875 590 
 
 certificate of 591 
 
 primd facie evidence at hearing of information ... ... 592 
 
 form of... ... ... ... ... ... ... ... 597 
 
 in sale of adulterated food no defence that it was purchased 
 
 for, (Food and Drugs Act, 1879) 598 
 
 Analyst 
 
 appointment and duties of, under Sale of Food and Drugs 
 
 Act, 1875 588 
 
 town council of a borough may engage, of another borough 
 
 of the county 589 
 
 purchaser of an article of food may send it to 589 
 
 quarterly report of ... 591 
 
 certificate of ', primd facie evidence for prosecution,.. ... 692
 
 vi Index. 
 
 Animal PAGE 
 
 so kept as to be a nuisance under Nuisances Eemoval Act 609 
 unfit for food of man, a nuisance under the Nuisances 
 
 Kemoval Act, 1855 637 
 
 slaughter of, under Contagious Diseases Act, 1878 ... 214?i 
 
 Annoyance 
 
 by projections, &c. ... ... ... ... ... 67,68 
 
 from breaking horses, stalls, baskets, &c., under General 
 
 Paving Act (Metropolis) 688,689 
 
 Annual Reports See Eeports. 
 Annuities 
 
 creation by metropolitan board of 263 
 
 payment of instalments on ... ... ... ... ... 263 
 
 grant of, as compensation to owners of premises under 
 
 Artizans and Labourers Dwellings Act, 1868 550 
 
 incidence of charge 551 
 
 charges recoverable as rentcharge in lieu of tithes ... 551 
 
 assignment of charge ... ... ... ... 551 
 
 Apparatus 
 
 for scouring pipes, &c. ... ... 40 
 
 for water supply to closets 44 
 
 traps for drains, &c. , bye-laws as to 1 24 
 
 for cisterns, under Water Act, 1 852 376 
 
 Appeal 
 
 against rates for defraying expenses of vestries and district 
 
 boards 102 
 
 against rates for defraying expenses of metropolitan board, 
 
 sched. (C.) Ill 
 
 notice of ... ... ... Ill 
 
 to metropolitan board against orders of district board and 
 vestries in relation to construction, &c., of buildings, 
 
 sewers, &c. 128 
 
 limitation of time for 128 
 
 appointment of committee for hearing ... ... ... 129 
 
 under 2nd part of Metropolis Management and Building 
 
 Act Amendment Act, 1878, referred to committee ... 333 
 committee of, may allow, or dismiss, or quash or vary order 180 
 officers of paving boards, &c., may, if claim to compensa- 
 tion is rejected by vestry or district board 130 
 
 to quarter sessions against decision of justices 136 
 
 limitation, notice, recognizance ... 136 
 
 to metropolitan board against orders of board and vestries 
 
 as to amount of expenses ... ... 191 
 
 in case of unfairness in totals of value of property exempt 
 
 from sewers rate 273 
 
 by adjoining owner against account of expenses respecting 
 
 party structure (Metropolitan Building Act, 1855) ... 304 
 
 from decision of county court 308 
 
 as to, from decision of justices to superior courts 309 
 
 from notice by district surveyor requiring owner, &c., to 
 pull down, &c., building not erected in conformity 
 
 with bye-laws 333 
 
 against determination of commissioners under Commons 
 
 Act, 1866 350
 
 Index. vii 
 
 APPEAL continued. PAGE 
 
 to quarter sessions, under Slaughter-houses Act 366 
 
 to board of trade by water company, in case of application 
 
 to supply water to a district (Water Act, 1871) (now 
 
 to local government board) ... ... ... ... 382 
 
 by person aggrieved by decision of inspector of meters may, 
 
 to quarter sessions (Gas Act, 1859) 403 
 
 by consumers to home secretary on rise of price of gas ... 415 
 under Explosives Act, 1875, by persons aggrieved, to quarter 
 
 sessions ... ... ... 480 
 
 to quarter sessions, under Highways and Locomotives Act, 
 
 1878 ... 533 
 
 by person aggrieved, against decision of local authority 
 
 under Artizaus and Labourers Dwellings Act, 1868... 547 
 as to cause of, &c., under Artizans and Labourers Dwellings 
 
 Improvement Act, 1875 578 
 
 by person aggrieved, under Sale of FoodandDrugs Act, 1875 592 
 against order of abatement of nuisances under Nuisances 
 
 Removal Act, 1855 614 
 
 when structural works are required 614 
 
 against order of prohibition to be to quarter sessions ... 621 
 
 Appearance 
 
 of nuisance authority in legal proceedings by clerk, or by 
 
 officer, or member 652 
 
 Application of Penalties See Penalty. 
 Appointment 
 
 of persons to set out wards and apportion vestrymen to be 
 
 elected 4 
 
 of auditors for parishes in scheds. (A. and B.) 8 
 
 of persons to preside at ward elections 9 
 
 of chairman of metropolitan board on vacancy 22 
 
 of committees ... ... ... ... ... ... ... 25 
 
 of officers 27 
 
 of medical officers of health ... ... ... ... ... 72 
 
 of inspectors of nuisances ... ... ... ... ... 72 
 
 of officers in cases of united parishes or districts ... ... 82 
 
 of assessor by metropolitan board 109 
 
 of collectors of rates charged on places in sched (C.). ... 110 
 
 of receiver on application of mortgagee ... ... ... 118 
 
 of auditor of accounts of metropolitan board ... ... 120 
 
 of committees for hearing appeals ... .';". J 129 
 
 of umpire, by inspectors of votes 183 
 
 of receiver, in certain cases ... 261 
 
 of assistant surveyor 288 
 
 of a water examiner, under Water Act, 1871 390 
 
 of inspectors of meters, under Sales of Gas Act, 1859 ... 397 
 
 of gas inspector 409 
 
 by local authority of examiner of gas ... ... ... 413 
 
 of government inspectors, under Explosives Act, 1875 ... 464 
 of officer of health, Artizans, &c,, Dwellings Act, 1868 ... 545 
 of medical officer under Artizans, &c., Dwellings Improve- 
 ment Act, 1875 566 
 
 by secretary of state on default of nuisance authority to 
 
 perform duties ... ... ... 653 
 
 of standing arbitrator under Thames Floods, &c., Act ... 739
 
 viii Index i 
 
 Apportionment PAGE 
 
 of debts and liabilities ... ... ... ... ... 112 
 
 by vestry or district boards, between two or more persons 
 
 required to do any act, &c. ... ... 131 
 
 of vestrymen of parishes hereafter found to contain more 
 
 than 2,000 rated householders 186 
 
 between owners and district board or vestry, of expenses of 
 
 sewers 190 
 
 in apportioning cost of sewers, land to be charged in a less 
 
 proportion than house property 191 
 
 appeal to metropolitan board against orders of boards and 
 
 vestries as to, of expenses ... 191 
 
 of debts of Clergy Mutual Assurance Society 229 
 
 Approval 
 
 by metropolitan board of building to which rules of Metro- 
 politan Building Act, 1855, inapplicable 293 
 
 Aqueduct See Water, Water Supply. 
 Arable Land 
 
 as to rating of 103 
 
 Arbitration 
 
 amount of compensation by board and vestries, if over ,50 
 
 to be settled by 134 
 
 mode of proceeding in 134 
 
 award of surveyor in difference between building and 
 adjoining owners under Metropolitan Building Act, 
 1855 302 
 
 between water companies and auditor of accounts of water 
 
 companies 391 
 
 disputes in relation to Water Act, 1871, to be settled by... 391 
 
 provisions as to, under Artizans, &c., Dwellings Act, 1868, 
 
 Amendment Act, 1879 721 
 
 differences between local authority and gas companies to 
 
 be settled by 414 
 
 under special Act where metropolitan board or company 
 
 think themselves aggrieved ... ... ... ... 405n 
 
 '<. regulations as to, under Explosives Act, 1875 449 
 
 provisions as to ... ... ... ... ... ... 490 
 
 determination of differences as to supervision of pipes in 
 
 subways ... ... ... 495 
 
 differences between road authority and promoters of tram- 
 way to be settled by, under Tramway Act, 1870 ... 508 
 
 regulations as to inquiry by referee ... ... ... ... 518 
 
 proceedings on, under Artizans and Labourers Dwellings 
 
 Improvement Act, 1875 t:-,>. ; - 573 
 
 award of arbitrator 575 
 
 as to the costs of ... ... ... 579 
 
 proceedings on, under Artizans and Labourers Dwellings 
 
 Improvement Act, 1879 582 
 
 provisions as to, under Artizans, &c., Dwellings Act, 1868, 
 
 Amendment Act, 1879 ... ... 721 
 
 under Metropolis Management (Thames River Prevention 
 
 of Floods) Amendment Act, 1879 738 
 
 reference to legal decisions as to rights, liabilities, and pro- 
 ceedings under 1347?, 135
 
 Index. is. 
 
 Arbitrator 1 PAGE 
 
 j urisdiction of, confined to amount 1 34 
 
 appointment of, under Artizans and Labourers Dwellings 
 
 Improvement Act, 1875 573 
 
 notice of appointment of, under Artizans, &c., Act, 1879... 583 
 
 power of, as to apportionment ... ... 584 
 
 standing, appointment, duties, &c., of, under Metropolis 
 Management (Thames River Prevention of Floods) 
 
 Amendment Act, 1879 739 
 
 Arch See Cellar. 
 
 as to, over public ways, Metropolitan Building Act, 1855 283 
 as to, under public ways 284 
 
 Architect See Superintending Architect. 
 Area 
 
 of house or building, drainage of ... ... 40 
 
 of cellar dwellings, under Metropolis Management Act, 1855 5? 
 
 definition of, under Metropolitan Building Act, 1855 ... 275 
 
 limitation of 285 
 
 size of, for determining fees payable 319 
 
 unhealthy, scheme for improvement of, Artizans, &c., 
 
 Dwellings Improvement Act, 1875 559 
 
 provisions of Amending Act ... 582 
 
 Arrears 
 
 of rate not recovered by distress against overseer, to be 
 
 levied on parish 105 
 
 of water rate, non-liability of outgoing tenant for, except 
 
 by agreement ... ... ,. 393 
 
 of gas rate or meter rent, out-tenant not liable for, except 
 
 by agreement ... ... 415 
 
 Artizans 
 
 and Labourers Dwellings Act, 1868 544 
 
 and Labourers Dwellings Act, 1868, Amendment Act, 1879 720 
 
 and Labourers Dwellings Act, 1875 658 
 
 and Labourers Dwellings Act, 1875, Amendment Act, 1879 582 
 
 Ashes See Refuse. 
 
 Ashpit And see Watercloset. 
 
 house to be provided with sufficient 44 
 
 to include dustbin ... ... ... ... 144 
 
 Assessments by vestries and district boards 
 
 orders of vestries anl district boards on overseers for levy- 
 ing and paying over sums required for defraying 
 expenses of execution of Metropolis Management Act, 
 
 orders to distinguish objects for which required 97 
 
 exemption of parts not benefited 98 
 
 provision for, where part of a parish is placed under man- 
 agement of vestry or district board of adjoining parish 99 
 rates to be made by overseers for levying the amount men- 
 tioned in orders 99 
 
 to be levied on persons amVproperty rateable to relief of 
 
 poor 101
 
 X Index. 
 
 ASSESSMENTS continued. PAGE 
 valuation list under Valuation (Metropolis) Act, 1869, con- 
 clusive evidence of rateable value 100i 
 
 rateability of public buildings 102 
 
 exception in case of places of worship, &c 102 
 
 land used as arable, meadow, or pasture ground or for 
 other purposes specified, rateable to sewers rate at 
 
 one-fourth of value 103 
 
 exemptions from sewers rate existing at time of issuing 
 of first commission under 11 & 12 Viet. c. 112, to be 
 
 allowed 103 
 
 existing exemptions from lighting rates to be allowed ... 105 
 warrant of distress where amount not paid ... ... 106 
 
 provision where vestry of parish in sched. (A.) make poor 
 
 rate 106 
 
 appointment of special persons to levy rates in certain 
 
 cases 106 
 
 when tenant entitled to deduct sewers rate against or to 
 
 be repaid by landlord ... 107 
 
 discharge of local liabilities out of rates 112 
 
 requirements in orders of vestries and district boards on 
 overseers for levying sums required for satisfying or 
 replacing any sum expended in satisfying precept of 
 metropolitan board for the purposes of the Consoli- 
 dated Rate (Metropolitan Board of Works (Loans) 
 Act, 1869) 254 
 
 Assessments by Metropolitan Board 
 
 board to assess and raise consolidated rate in lieu of all 
 rates or assessments assessed generally over the metro- 
 polis (Metropolitan Board of Works Loans Act, 1869) 251 
 to be assessed and raised in manner provided by Metropolis 
 Management Act, 1855, and amending acts for ex- 
 penses of executing Metropolis Management Act, 1855, 
 
 and for purposes of Main Drainage Act 251 
 
 provisions for defraying expenses of board in Metropolis 
 
 Management Act, 1855 107 
 
 assessment by board under 170th section of Metropolis 
 Management Act, 1855 (repealed by Metropolis Man- 
 agement Amendment Act, 1862, s. 5) ... 107 
 
 substituted provisions in that enactment ... ... ... 172 
 
 power to inspect county rates (Metropolis Management 
 
 Act, 1855) 108 
 
 precepts to chamberlain for payment of sums assessed upon 
 
 city of London, and how satisfied 108,109 
 
 time for payment of sums assessed on vestries and district 
 
 boards, and how to be raised ... ... ... ... 109 
 
 provisions where Ho poor rate 109 
 
 extent of liability of places in sched. (C.) to rating for 
 
 sewers 110 
 
 enactments relating to metropolitan main drainage rate ... 251u 
 
 notice and inspection of assessment ... ... 110 
 
 penalty for refusing inspection 110 
 
 metropolitan board to appoint persons to levy rates charged 
 
 in 110 
 
 mode of levying ... , 110 
 
 appeal against Ill 
 
 alteration of, without altering other parts ... Ill
 
 Index. xi 
 
 ASSESSMENTS continued. PAGE 
 
 liabilities payable out of, made under local Acts, with 
 
 certain exceptions 112 
 
 provision as to liabilities of metropolitan commissioners of 
 
 sewers 113 
 
 precepts to overseers of parts without metropolis ... ... 113 
 
 special provisions respecting, on Ely Place and mews ... 138 
 amendment or revocation of ... ... ... ... ... 175 
 
 enactments as to metropolitan main drainage rate in 
 
 21 & 22 Viet. c. 104 251w 
 
 form of assessment by metropolitan board in respect of 
 
 consolidated rate.'. 252n 
 
 metropolitan board to make abatement on, of parts of 
 
 metropolis exempt from sewers rate ... ... ... 273 
 
 as to, of compensation, under Artizans and Labourers 
 
 Dwellings Improvement Act, 1879 582 
 
 Assessor 
 
 metropolitan board to appoint ... ... ... ... 109 
 
 of rates in places where there is no poor rate, sched. (C.) 109 
 allowance to ... ... 110 
 
 Assistant Commissioner 
 
 under Commons Act, 1866, may be appointed by inclosure 
 
 commissioners to inquire into schemes as to commons 340 
 report of 349 
 
 Asylum District (Metropolitan) 
 
 loans by managers of See Loans. 
 
 Attendance 
 
 of members of vestries and district boards to be entered 26 
 at offices of boards and vestries, daily ' *"''''... ... 30 
 
 Attorney- General 
 
 proceedings by, against gas companies by direction of secre- 
 tary of state 416 
 
 Attorney, Power of See Power of Attorney. 
 Auditor 
 
 elected under Hobhouse's Act to continue duties until 
 
 election under Metropolis Management Act, 1855 ... 2 
 
 election of, under that Act ... ... 8 
 
 number of ... ... ... ... 8 
 
 term of office of 8 
 
 of accounts of metropolitan board to be appointed by secre- 
 tary of state 120 
 
 to be appointed by treasury instead of secretary of state 
 (Metropolitan Board of "Works (Loans) Act, 1871, sec- 
 tion 18) 12071 
 
 remuneration of 120 
 
 of metropolitan board to be paid two guineas a day, but not 
 to exceed in all 100 guineas (Metropolis Management 
 
 Amendment Act, 1862) 226 
 
 of district boards to be elected by boards 121 
 
 duties of 121 
 
 to cause abstract of accounts to be made 122
 
 xii Index. 
 
 AUDITOR continued. PAGE 
 
 elected under Act may audit accounts of other parochial 
 
 boards 122 
 
 occupier rated for one year may vote for election of ... 164 
 on demand, to state his reason for allowance or disallow- 
 ance 184 
 
 certiorari to remove same t .. 184 
 
 condition of recognizance ... 184 
 
 board of trade to appoint, of accounts of water companies 
 
 under Water Act, 1871 (now local government board) 390 
 
 Authentication 
 
 of notices, demands and other documents by hoards and 
 
 vestries ,"'.- \ ... 133 
 
 of bye-laws 124 
 
 Award See Arbitration. 
 
 B. 
 
 Bakehouses Regulation Act, 1863 (re- 
 pealed by Factory and Workshops Act, 1878) 31w 
 
 Bank See Sewer. 
 
 abutting, &c., on any stream to he maintained hy vestries 
 
 or district board to prevent inundation 34 
 
 repealed as to flood works by Thames River Prevention of 
 
 Floods Act, 1879 745 
 
 of main sewers to be vested in metropolitan board of 
 
 works ... ... ... ... ... ... ... 73 
 
 definition of, under Thames Biver Prevention of Floods 
 
 Act, 1879 731 
 
 as to maintenance and repair of 737 
 
 penalty for alteration of, without consent of board . . . 737 
 survey and repair of dangerous or insufficient ... ... 738 
 
 Ballot 
 
 poll by, at elections of vestrymen and auditors 11 
 
 mortgages to be paid off by 119 
 
 auditors of district boards to be chosen by . -_>^i. :;. ... 121 
 
 Bankrupt 
 
 disqualification of member of metropolitan board, &c., 
 
 becoming 23 
 
 proof of debts to boards and vestries by persons becoming 133 
 
 Baths and \Vashhouses 
 
 saving asto 49 
 
 Battersea, Parish of 
 
 division of, into wards 3n 
 
 question between, and Penge not to be affected 142 
 
 Bedford, Duke of 
 
 provision for sums paid by, to parties making roads, &c., 
 
 on his estate .,, ... ... ... 207
 
 Index. xiii 
 
 Bills PAGE 
 
 (Metropolitan) under Metropolitan Board of Works (Money) 
 
 Act, 1877 25771 
 
 in parliament, expenses of promoting or opposing ... 85w 
 
 Blood Boiler See Slaughterhouses. 
 
 Board See Metropolitan Board of Works, District 
 
 Board of Works. 
 notice, penalty for injuring, removing, &c.... ... ... 213 
 
 Board of Trade 
 
 consent of, for alteration of level of railway or canal ... 183 
 to appoint an inspector to report upon new sources of 
 
 water supply under Water Act, 1871 372 
 
 powers of, under Metropolis Water Acts, 1852 and 1871 
 
 transferred to local government board ... 372, 382n. 
 to certify their approval or disapproval of new sources ... 372 
 may appoint a person to inquire and report as to quality 
 
 " and quantity of water 373 
 
 may direct prosecutions to enforce provisions of Water 
 
 Act, 1852 376 
 
 regulations of water companies to be made with approval of 377 
 water companies may appeal to, in case of application to 
 
 supply water to a district ... ... 382 
 
 may require constant supply of water by companies in cer- 
 tain cases 383 
 
 in default of water companies, may appoint person to re- 
 port as to regulations and may make same ... ... 385 
 
 confirmation, &c., of regulations of water companies by ... 385 
 to appoint persons to inquire and report as to quality of 
 
 water 389 
 
 to appoint auditor of accounts of water companies ... 390 
 
 powers of, as to difference respecting pipes in subways ... 495 
 to determine on application for, and objection to, pro- 
 visional order lor construction of tramway under 
 
 Tramways Act, 1870 498 
 
 power for, to make provisional order ... 498 
 
 may revoke, amend, extend, or vary provisional order ... 500 
 
 may authorize joint work of tramways 500 
 
 may dispense with consent of local or road authority ... 497 
 
 Bone Boiler See Slaughter-houses. 
 Books 
 
 of minutes of proceedings and of accounts to be kept by 
 
 boards and vestries ... ... 26 
 
 to be open to inspection 26 
 
 extracts from, may be taken... 26 
 
 penalty for refusing inspection of, or extracts from ... 27 
 
 to be kept for consolidated stock 248 
 
 examination of, of insurance companies by metropolitan 
 
 board under Fire Brigade Act, 1865 341 
 
 Borrowing 
 
 by metropolitan board. See Metropolitan Board, Consoli- 
 dated Stock, Loan, Mortgage. 
 
 by vestries and district boards. See Mortgage, Vestry, District 
 Board.
 
 xiv Index. 
 
 Bressummer PAGE 
 
 rules as to, in Metropolitan Building Act, 1855 288 
 
 Bridges 
 
 within definition of "street" in Metropolis Management 
 
 Act, 1855 ... 144 
 
 metropolitan board to maintain all, culverts, &c., erected 
 
 by them (Metropolis Management Act, 1862) ... 179 
 
 over canals may be made, widened, &c., by district boards 
 and vestries with consent of metropolitan board and 
 canal company 200 
 
 Builder 
 
 definition of, under Building Act, 1855 276 
 
 before commencing building to give notice to district sur- 
 veyor 288 
 
 notice to be evidence against, of intended works 289 
 
 penalty on, neglecting to give notice 289 
 
 district surveyor to give notice to, in case of irregularity 289 
 on non-compliance with notice, justice to summon and 
 
 make order to comply with requisition 290 
 
 penalty on non-compliance with order of justice ... ... 290 
 
 periods when district surveyor is entitled to fees ... ... 291 
 
 expenses of obtaining approval of metropolitan board to 
 
 be borne by 294 
 
 penalty on, not erecting buildings in conformity with bye- 
 laws (Metropolis Management and Building Acts 
 
 Amendment Act, 1878) 333 
 
 may appeal ... 333 
 
 Building AetS See Metropolitan Building Acts. 
 Building Owner 
 
 definition of, under Building Act, 1855 298 
 
 rights of, in respect of party structures 299 
 
 rules as to exercise of rights by, in respect of party struc- 
 tures 301 
 
 rules as to expenses to be borne jointly by, and adjoining 
 
 owner ... _ 303 
 
 security to be given by, if required by adjoining owner ... 303 
 
 as to expenses to be borne by ... ... ... ... 304 
 
 to deliver an account of expenses of works to adjoining 
 
 owner within one month ... ... 304 
 
 power for, to make entry on premises to effect works ... 303 
 
 penalty on persons obstructing 303 
 
 penalty on, failing to execute required works ... ... 305 
 
 if adjoining owner neglects to pay expenses, to stand 
 
 " of structure ... 305 
 
 where, has incurred expenses on requisition of adjoining 
 owner, latter to be liable for all expenses ... ... 305 
 
 Buildings, &e. See House. 
 
 before laying foundation of, notice to be given to vestry 
 
 or district board (Metropolis Management Act, 1855) 42 
 
 not to be brought beyond the regular line without the con- 
 sent of the metropolitan board... ... 84 
 
 in case of contravention vestry or district board may de- 
 molish or set back ... ... ... ... ... 84
 
 Index. TV 
 
 BUILDINGS continued. PAGE 
 
 repealed by Metropolis Management Amendment Act, 1862, 
 
 which contains new provisions . ... ... 202 
 
 public, now rateable to continue rateable with certain ex- 
 ceptions ... 102 
 
 bye-laws as to level of sites of (Metropolis Management 
 
 Act, 1855) ... ... 125 
 
 bye-laws under Metropolis Management and Building Acts 
 
 Amendment, as to sites and foundations of ... ... 331 
 
 not to be erected over or under any sewer without consent 
 
 of board or vestry 126 
 
 extended powers und'er Metropolis Management Amend- 
 ment Act, 1862, in case of unauthorized interference 
 
 with sewers by building 198,199 
 
 if erected without consent may be demolished 126 
 
 appeal to metropolitan board against orders of boards and 
 
 vestries, with respect to construction of 128 
 
 penalty for erecting, on sewers without consent, Metropolis 
 
 Management Amendment Act, 1862 198 
 
 under which sewers, &c., are constructed, maintenance, &c., 
 
 of 199 
 
 not to exceed beyond general line without consent of metro- 
 politan board ... ... ... ... 202 
 
 projecting beyond general line when taken down to be set 
 
 back 202 
 
 height of, in new streets ... 209 
 
 regulation and supervision of, under Building Act, 1855 276 
 
 exempt from operation of part I. of Act 276 
 
 rules as to accesses and stairs in certain 283 
 
 rules as to separation of 285 
 
 rules as to limitation of area of 285 
 
 rules as to uniting ... ... ... ... 285 
 
 to be supervised by district surveyor 286 
 
 as to open spaces near 286 
 
 before, commenced, builder to give notice to district 
 
 surveyor ... ... 288 
 
 district surveyor not to act in cases of, under his profes- 
 sional superintendence 288 
 
 district surveyor may enter and inspect, affected by Act . . . 289 
 
 to which rules of Act are inapplicable 293 
 
 preliminary rules in first sched. as to 314 
 
 provisions as to limitation of time when due notice as to, 
 
 erected, or work done, has not been given 308 
 
 as to construction of, first sched. ... 314 
 
 to which rules in first sched. are inapplicable require 
 
 special sanction of metropolitan board 318 
 
 as to erection of, at less than prescribed distance from 
 centre of roads, passages, or ways being highways 
 
 under Building (Amendment) Act, 1878 325 
 
 provisions as to, not erected in conformity with bye-laws 332 
 
 penalty on builder ... ... 333 
 
 owner, &c., may enter, to comply with notices or order upon 
 
 giving notice to occupier ... ... 334 
 
 purchase of, for purposes of fire brigade, under Fire Brigade 
 
 Act, 1865 338 
 
 removal from, of discharged officers, &c ... 343 
 
 as to quantities of gunpowder allowed in, under Explosives 
 
 Act, 1875 449 
 
 3D
 
 xvi Index. 
 
 BUILDINGS continued. PAGE 
 
 from which gunpowder stores are to be separated... ... 445 
 
 adjoining, occupied as one, to be considered one, under 
 
 Explosives Act, 1875 450 
 
 reconstruction of, destroyed by accident connected with 
 
 explosives ... ... ... ... ... ... 467 
 
 as to erection, maintenance, &c., of, under improvement 
 
 scheme, Artizans, &c., Dwellings Improvement Act, 
 
 1875 564 
 
 Burial 
 
 of dead, saving of powers in Act relating to ... ... 49 
 
 grounds not rateable ... ... ... ... 102 
 
 ~\J _ 
 
 Business 
 
 bye-laws for regulating, at meetings ... ... ... 124 
 
 trade, manufacture, &c., causing effluvia, procedure as to, 
 
 Nuisances Removal Act, 1855 ... ... ... ... 618 
 
 appeal and recognizance ... ... ... ... ... 618 
 
 proceedings in superior court on demand of defendant ... 619 
 Act relating to offensive Slaughter-houses (Metropolis Act), 
 
 1874 ' ... ... ... 363 
 
 prohibition of establishing anew certain ... ... ... 363 
 
 certain, not to be established anew without consent of local 
 
 authority 369 
 
 definition of slaughterer of cattle ... ... ... ... 368 
 
 Bye-laws 
 
 boards, and vestries may make, alter, and repeal ... ... 124 
 
 to be made by metropolitan board ... ... ... ... 124 
 
 authentication of 124 
 
 penalty for breach of ... 125 
 
 justices may remit penalties for breach of ... ... ... 125 
 
 to be confirmed at a subsequent meeting ... ... ... 125 
 
 publication and evidence of 125 
 
 no penalty lo be imposed until, approved by secretary of 
 
 state 125 
 
 no person to be liable to penalty under, unless sued for 
 within three months (repealed by 106th section of 
 
 Metropolis Management Act, 1862) 137 
 
 may be made by metropolitan board for guidance of ves- 
 tries, &c., in construction of sewers (Metropolis Man- 
 agement Amendment Act, 1862) 209 
 
 penalties under, may be proceeded for within six months 224 
 metropolitan board may make, with respect to sites and 
 foundations of buildings under Building (Amendment) 
 
 Act, 1878 331 
 
 penalty on builder not erecting buildings in conformity 
 
 with 333 
 
 for regulation of fire brigade, under Fire Brigade Act, 1865 339 
 for management of gardens in squares, &c., under Gardens 
 
 in Towns Protection Act, 1863 359 
 
 by local authority, under Slaughter-houses Act ... ... 364 
 
 as to ships carrying.petroleum, under Petroleum Act, 1871 424 
 by harbour authority as to conveyance, loading, &c., of 
 
 gunpowder, under Explosives Act, 1875 ... ... 452 
 
 by railway and canal companies as to conveyance of gun- 
 powder ... ... ... ... 454
 
 Index. xvii 
 
 BYE-LAWS continued. PAGE 
 
 as to conveyance or loading of gunpowder ... 455 
 
 publication of ... ... 477 
 
 as to, under Subways Act, 1868 495 
 
 by local authority, under Tramways Act, 1870 514 
 
 notice of ... ... ... ... ... ... ... 524 
 
 confirmation of, under Highways and Locomotives Amend- 
 ment Act, 1878 532 
 
 of local authority, respecting workmen's dwellings, under 
 Artizans, &c., Dwellings Act, 1868, Amendment Act, 
 
 1879 725 
 
 c. 
 
 Canal 
 
 rating of 105/1 
 
 plans of works affecting, to be submitted to companies ... 183 
 as to alteration of level of ... ... ... ... ... 183 
 
 bridges over, may be built and repaired by district boards 
 
 and vestries with consent of metropolitan board and 
 
 company 200 
 
 companies, consent of, necessary before building, &c., 
 
 bridges over canals ... ... ... ... ... 200 
 
 company, bye-laws of, as to conveyance, &c., of gunpowder 
 
 (Explosives Act, 1875) 454 
 
 as to carriage, &c., of explosives by - 471 
 
 Candle-house, &e. See Trade. 
 
 Capital 
 
 auditor to ascertain, of water companies, under Water Act, 
 
 1871 390 
 
 Carriageway See Road, Street. 
 
 of turnpike road excepted from definition of "street" ... 144 
 included in, under Thames Floods Prevention Act ... 731 
 annoyance by stalls, wares, carts, carriages, &c., on, and 
 
 footways, under General Paving Act 689 
 
 Cattle 
 
 slaughterer of, Slaughter-houses, &c. (Metropolis) Act, 1874 364 
 exemption of metropolitan cattle and Deptford markets ... 364n, 
 provisions in case of cattle plague, Contagious Diseases 
 
 (Animals) Act, 1878 214n 
 
 Cellar 
 
 under streets not to be made without consent of vestry or 
 
 district board 56 
 
 if improperly made may be filled up or altered ... ... 57 
 
 to be repaired by owner or occupier 57 
 
 occupation of, as dwelling-house 57 
 
 provisions as to size, ventilation, &c. ... 57 
 
 penalty for offending against provisions respecting ... 58 
 
 district surveyor to report infringment of Act respecting ... 58 
 
 district surveyor may enter and inspect ... 58 
 
 if admission be refused, justice may order admission to ... 58 
 
 metropolitan board may carry sewers under, &c., any .., 75 
 3 D 2
 
 xviii Index. 
 
 CELLAB continued. PAGE 
 
 half-yearly reports of, occupied as dwellings, to be made 
 
 by district surveyor to boards and vestries 195 
 
 to be covered and secured, General Paving Act (Metro- 
 polis) .... .--vwW - 694 
 
 Certificate 
 
 of medical officer of health under Nuisances Removal Act, 
 
 1855 197 
 
 as to, of consolidated stock ... ... 249 
 
 to be renewed when destroyed ... 249 
 
 on completion of survey of dangerous structure, district or 
 other competent survey or to give (Metropolitan Build- 
 ing Act, 1855, Part II.) 295 
 
 proceedings to be taken in respect of ... ... ... 295 
 
 continuing, for existing gunpowder factories and magazines, 
 
 under Explosives Act, 1875 443 
 
 continuing, for existing stores for gunpowder ... ... 446 
 
 continuing, not required for factory, magazine, or importa- 
 tion license expiring within 12 months, or for stores 
 
 licensed under Nitro-Glycerine Act, 1869 463 
 
 of analyst, under Sale of Food and Drugs Act, 1875 ... 591 
 
 form of 597 
 
 of warranty, forgery, &c., of ... ... ... ... ... 592 
 
 of medical practitioner for removal to hospital of person 
 
 suffering from contagious, &c. . disease ... ... ... 646 
 
 of medical officer of health for cleansing and disinfecting 
 
 premises 645 
 
 Certiorari 
 
 proceedings not to be removed by, except as specially 
 
 provided 136 
 
 to remove allowance, &c., disallowance, or surcharge by 
 
 auditor of accounts of vestry or district board ... 184 
 
 Cesspool 
 
 as to drainage into covered, when no sewer within 100 feet 41 
 
 officers of vestries or boards may inspect ... 44 
 
 ... 45 
 or district board 
 
 may, after notice, do work and charge expense to 
 
 offender ... 45 
 
 where no default found, expenses to be defrayed by vestry 
 
 orboard ... 45 
 
 if found in bad order, board or vestry to give notice for 
 
 works to be done 45 
 
 if works not done, vestry or board to do works, and charge 
 
 expenses to owner or occupier ... 45 
 
 vestries and district boards to appoint persons to empty ... 70 
 where there is no proper sewer within 200 feet, house may 
 
 be drained into, as a temporary measure ... ... 196 
 
 Chairman 
 
 declaration of, at elections of vestrymen and auditors ... 11 
 in absence of persons authorized by law or custom to take 
 
 chair vestry to elect, at meetings 14 
 
 election of, at meetings of district board of works ... ... 17 
 
 election of, of metropolitan board of works 21 
 
 oiiicers ui vesines or uoarus may inspect ... 
 
 penalty for improperly making or altering ... 
 
 Avhen improperly made or altered, vestry or - 
 
 may, after notice, do work and chargi
 
 Index, xix 
 
 CHAIRMAN continued. PAGE 
 
 to preside at meetings ... ... ... 23 
 
 where votes equal, to have a second or casting vote ... 23 
 
 appointment of, on vacancy 22 
 
 of committees 129 
 
 Chamberlain of City of London 
 
 precepts for payment of money to be addressed to 108 
 
 to pay moneys required, and be reimbursed out of rates 
 
 made by commissioners of sewers for city ... ... 109 
 
 Chapel 
 
 exemption from liability to rates 102 
 
 as to liability for expenses of repairs (Metropolitan Building 
 
 Act, 1855, Part II.) 296 
 
 Charging Order 
 
 under Artizans and Labourers Dwellings Act, 1868, to be 
 
 registered 551 
 
 form of 556 
 
 Charities 
 
 vestry to make annual list of, to be open to inspection ... 123 
 
 Chimneys and Flues 
 
 rules as to construction of, under Building Act, 1855 ... 281 
 penalty on occupier in case of fire, under Fire Brigade Act, 
 
 1865 343 
 
 Church 
 
 all duties, &c., as relate to the affairs of the, vested in any 
 
 commissioners, &c., to remain so vested ... ... 48 
 
 not a house or land within 105th section of Metropolis 
 Management Act, 1855, or 77th section of Amending 
 
 Act of 1862 60tt 
 
 not to be erected beyond regular line of buildings 34?* 
 
 whether a hoiise under local Act ... ... 204n 
 
 as to liability for expenses of repairing, under Metro- 
 politan Building Act, 1855, Part II. (Dangerous 
 
 Structures) 296 
 
 exemption from liability to rates ... ... ... ... 102 
 
 Church Rates 
 
 as to power of making ... ... ... ... ... 48 
 
 made in open vestry before Metropolis Management Act, 
 
 1855 161 
 
 provisions of Compulsory Church Rates Abolition Act, 1868 IQln 
 where, at time of passing of 18 & 19 Viet. c. 120, were made 
 
 in open vestry, to continue to be so made 161 
 
 payment of, not necessary to entitle voter to vote at elec- 
 tions of vestrymen or auditois ... ... 164 
 
 Churchwardens 
 
 to give notice of election of vestrymen and auditors of 
 
 parishes not divided into wards 8 
 
 parishes divided into wards ... 9 
 
 to appoint persons to preside at ward elections ... ... 9 
 
 not complying with Act, guilty of misdemeanor ... ... 14
 
 xx Index. 
 
 CHURCHWARDENS continued. PAGE 
 
 nothing in Metropolis Management Acts to affect power of 
 
 election 162 
 
 duty of, on receiving intention of metropolitan board to 
 represent that adjoining parish shall be included in 
 Acts (Metropolis Management Amendment Act, 1862) 187 
 
 Cistern 
 
 to be supplied with proper ball-cock or other apparatus, 
 
 under Water Act, 1852 376 
 
 closets and baths to be so constructed as to prevent waste 
 or the flow or return of impure matter into the mains, 
 &c. ... 376 
 
 Cleansing See Footpath, Paving, Street. 
 
 of sewers by boards and vestries 39 
 
 ditches, pools, &c. ... ... ... ... ... ... 46 
 
 of sewers by metropolitan board ... ... ... ... 79 
 
 cesspools, &c., bye-laws as to ... 124 
 
 of premises, ditches, drains, &c., under Nuisance Removal 
 
 Act, 1855 613 
 
 of houses let out in lodgings, &c., under Sanitary Act, 1866 649 
 
 Cleopatra's Needle See Monuments. 
 Clergy Mutual Assurance Society 
 
 apportionment on parishes, &c., of debt due to 170 
 
 apportionment of debt in respect of loan from, with amount 
 
 charged on each parish, &c., sched B 229 
 
 Clerk 
 
 of district board to convene special meeting on requisition 16 
 of metropolitan board to convene special meeting on requi- 
 sition ... ... ... ... ... 22 
 
 of boards and vestries and treasurer or partner, &c, not to 
 
 be same person ... ... ... ... ... ... 27 
 
 penalty on, for offending against enactment 27 
 
 to inspect county rate, &c. ... 108 
 
 to register transfer of mortgages ... ... ... ... 119 
 
 to lay accounts and books before auditor 121 
 
 notices, &c., on metropolitan board and district boards 
 
 and vestries, may be served on... ... 132 
 
 to represent board or vestry in all proceedings in bank- 
 ruptcy 133 
 
 authentication of documents by signature of 133 
 
 denned to include " secretary " (Metropolis Management 
 
 Amendment Act, 1862) 226 
 
 compensation to, in office of metropolitan buildings, under 
 
 ^Building Act, 1855 313 
 
 to give notice of preparation of plan of required works, 
 
 under Artizans, &c., Dwellings'Act, 1868 546 
 
 Close Fires 
 
 Metropolitan Building Act, 1 855 282 
 
 Coal and Wine Duties Continuance Act, 
 
 1861 237 
 
 drawback upon coal to continue to be allowed 241 
 
 continuation of duties under ... . 240
 
 Index. Xxi 
 
 COAL AND WINE DUTIES, &c. continued. PAGE 
 
 application of duties 240 
 
 application of duties to the payment of the interest and 
 
 principal of sums charged thereon for improvements. .. 241 
 duties to form an accumulating fund for improvements till 
 
 appropriated by parliament ... ... 242 
 
 Collector See Bate Collector. 
 
 metropolitan board to appoint, of rates charged in assess- 
 ment places in sched. (C.) 110 
 
 overseers may employ, to collect rates ... 176 
 
 to give security ... ... ... ... ... ... 176 
 
 to furnish copies of poor rate to metropolitan board, ves- 
 tries and district boards, and to' sign and verify the 
 
 same , 176 
 
 penalty for neglect ... ... ... ... ... ... 176 
 
 Colorado Beetle See Destructive Insects Act, 1877. 
 Commission of Sewers (Metropolitan) 
 
 determination of 86 
 
 Commissioners 
 
 of Works to approve plan for intercepting sewers from 
 
 Thames (repealed by 21 & 22 Viet. c. 104, s. 1) ... 81 
 plans and estimates of works exceeding fifty thousand 
 pounds, to be submitted to (repealed by 21 & 22 Viet. 
 
 c. 104) 85 
 
 may make advances for the purposes of Act 116 
 
 saving of rights, powers, and property of 141 
 
 Act for protection of gardens in towns not to apply to pro- 
 perty of 360 
 
 special provision as to gardens, &c., in squares vested in ... 139 
 saving of powers of, under Crown Estate Paving Act, 1860 140 
 
 of works, saving of right of 141 
 
 of sewers of city of London, saving of rights of ... ... 141 
 
 of police, powers of, transferred to metropolitan board of 
 
 works by Metropolitan Building Act, 1869) 295w 
 
 in case of structure certified to be dangerous, notice to be 
 
 given to owner by ... ... ... 295 
 
 on non-compliance of owner, may take down or repair 
 
 and recover expenses ... ... ... ... ... 296 
 
 if owner cannot be found, may sell structure, giving sur- 
 plus to owner ... ... ... ... 296 
 
 payments by or to, how made ... ... 297 
 
 powers of, to appoint officers 298 
 
 powers and duties of, under General Paving Act, 1817 ... 711 
 of exhibition of 1851 provisions of Building Act, 1855, not 
 
 to apply to buildings of... ... ... 321 
 
 of public loans may advance moneys to boards and vestries 178 
 of sewers, savings in local Acts applicable to, to apply to 
 
 boards and vestries 128 
 
 of sewers of city of London, metropolitan board yearly in- 
 spect rates made by ... 108 
 
 chamberlain of city to pay monies required, and to be 
 
 reimbursed out of rates made by 109 
 
 saving of powers of, as to certain parts of parishes in 
 sched. (B.) 141
 
 xxii Index. 
 
 COMMISSIONERS continued. PAGE 
 powers to, to execute flood works under Thames River Pre- 
 vention of Floods Act, 1879 733 
 
 of treasury, contribution by, towards expenses of fire bri- 
 gade 341 
 
 of turnpike roads, rights, powers, &c., not affected by Act 142 
 
 definition of, under Metropolitan Commons Act 348 
 
 under local Acts, powers of, except as provided, to be 
 
 vested in vestries and district boards ... 48 
 
 exception as to baths and washhouses, metropolitan burials, 
 
 markets, and Charitable Trusts Acts 49 
 
 property of, vested in board or vestry ... 50 
 
 where acting beyond parish or district, metropolitan board 
 
 may declare to which the property shall belong ... 50 
 money in possession of, and income of property, to be dis- 
 posed of as if Act had not passed " ... 50 
 
 existing contracts of, to remain valid ... ... ... 50 
 
 action by, or against, not to abate 50 
 
 monies coming to or payable by, to be paid to or by vestry 
 
 or board ... ... ... ... ... ... ... 51 
 
 existing, to remain in office till commencement of Act ... 51 
 
 Committee 
 
 boards of vestries may appoint 25 
 
 acts of, to be submitted to general body for approval ... 26 
 
 repealed so far as respects the metropolitan board 181 
 
 metropolitan board to appoint, to hear appeals ... ... 129 
 
 appeals under Metropolis Management and Building Acts 
 
 Amendment Act, 1878, referred to 333 
 
 management of inclosed gardens, &c., in squares, &c., to be 
 
 vested in, of inhabitants ... 160 
 
 of appeal may allow or dismiss appeal, or quash or vary 
 
 order appealed against ... ... ... ... ... 180 
 
 of appeal may make improvement rates or charges for 
 
 expenses of works of private improvements executed 
 
 by metropolitan commissioners of sewers, and enforce 
 
 same 180 
 
 metropolitan board may delegate powers under Fire Brigade 
 
 Act, to 344 
 
 appeals to, under Metropolis Management and Building 
 
 Acts Amendment, 1878 333 
 
 Commons Act (Metropolitan) 1866, and see 
 
 Scheme 347 
 
 interpretation of common ... 348 
 
 to what commons Act applies 348 
 
 provisions relative to scheme for improvement of 348, 350, 351 
 
 memorial for scheme ... ... 348 
 
 enquiry, draft scheme 349 
 
 report of assistant commissioner ... 349 
 
 compensation for taking, &c., estate, interest, &c., in ... 350 
 
 confirmation of scheme by parliament ... ... ... 351 
 
 power to crown to vest manorial rights in commissioners 353 
 provisions of 9 Geo. 2, c. 46, not to apply to conveyance of 
 
 common to commissioners ... 353 
 
 power to metropolitan board to hold and acquire rights in 
 
 commons * 355 
 
 Commons Act (Metropolitan), 1878 t 355
 
 Index. xxiii 
 
 COMMONS ACT (METROPOLITAN), 1866 continued. PAGE 
 
 extension to metropolitan commons of certain provisions 
 
 of Commons Act, 1876 355 
 
 Metropolitan Commons Supplemental Acts 346n 
 
 Compensation 
 
 by vestries and boards for damage done in inspecting, &c. , 
 
 cesspools, &c 45 
 
 by vestries and district boards for damage in execution of 
 
 sewers and works ... ... ... 35 
 
 by vestries or district boards, for interference with ancient 
 
 mill 46 
 
 for removing existing projections ... ... 68 
 
 by metropolitan board, for damage done in carrying out 
 
 sewerage works ... ... 75 
 
 for damage by works of metropolitan commissioners of 
 
 sewers ... 38 
 
 reference to legal decisions respecting 75 
 
 statement of, in notice to owners and occupiers, when lands 
 
 require to be taken ... ... ... 95 
 
 amount of, under Act, if disputed, to be settled by two 
 
 justices 133 
 
 if more than fifty pounds, to be settled by arbitration 
 
 according to provisions of Lands Clauses Act 134 
 
 mode of proceeding where amount of, is to be settled by 
 
 justices 135 
 
 by surveyors, &c., for damage in getting materials, 
 
 Nuisances Removal Act ... 615 
 
 metropolitan board may award to persons aggrieved by 
 
 orders, &c., of boards and vestries ... . 128 
 
 to officers of commissioners of sewers 
 
 to officers of paving boards 
 
 to cease if officer is employed by board or vestry 
 to be paid out of general rates 
 
 129 
 129 
 130 
 ... 130 
 
 metropolitan board may pay, to owners of lands in lieu of 
 
 constructing and maintaining bridges, &c. ... ... 179 
 
 in respect of communications with sewers in different 
 
 parishes ... ... ... ... 181 
 
 for taking or injuriously affecting property of railway or 
 
 canal company 183 
 
 nothing in Act to affect right of companies to 183 
 
 to official referees and registrar of metropolitan buildings, 
 
 under Building Act, 1855 312 
 
 by building owner in pulling down wall 300, 304 
 
 to clerks in office of metropolitan buildings 313 
 
 tinder Fire Brigade Act, to parish officers . . . 
 
 to fire brigade in case of accident, and as to salaries 
 
 pensions, &c 
 
 revisions for, under schemes as to commons 
 
 339 
 
 339 
 350 
 
 or destruction of crops by order of Privy Council, under 
 
 Destructive Insects Act, 1877 537 
 
 for animals affected with contagious disease and slaughtered 214re 
 
 to owners when premises totally demolished under Artizans 
 
 and Labourers' Dwellings Act, 1868 550 
 
 payment of, under Artizans and Labourers' Dwellings Act, 
 
 1875 575 
 
 as to assessment of, under Artizans and Labourers' Dwel- 
 lings Improvement Act, 1879 ... . i4 582
 
 xriv Index. 
 
 COMPENSATION continued. PAGE 
 
 amendment of Lands Clauses Act, with respect to, where 
 
 properties severed 584 
 
 as to amount of, or purchase-money omitted ta be made by 
 
 local authority 584 
 
 by promoters under Tramways Act, for loss or damage 
 
 occasioned by them 506 
 
 settlement of amount of, as between promoters and road 
 
 authority 509 
 
 for injury by use of locomotive 528 
 
 application of, under General Paving Act 705 
 
 under Metropolis Management (Thames Floods Prevention 
 
 of) Act, 1879 738 
 
 Composition 
 
 with landlord as to payment of rate, not to be disturbed ... 164 
 provisions of 32 & 33 Viet. c. 41, as to agreement by 
 
 owners to pay rates ... ... 164n. 
 
 As to effect of allowance or deduction as regards qualification for 
 franchise, see reference to Assessed Bates Act, 1879, in addenda to 
 note in page 164. 
 
 Computations 
 
 metropolitan board to state in every precept, and to keep 
 
 a record cf all ... ... 253 
 
 Condition 
 
 as to erection of buildings beyond general line ... ... 205 
 
 in permission of metropolitan board as to width, &c., of 
 
 new street 219 
 
 ott consent for building house, &c., at less than prescribed 
 distance from centre of roadway, Metropolis Manage- 
 ment and Building Acts Amendment ... 327 
 
 on grant of license, Petroleum Act 426, 427 
 
 on assent of local authority for establishment of new fac- 
 tory, Explosives Act 439 
 
 on consent of secretary of state as to magazines or stores, 
 
 Explosives Act 461 
 
 in order of metropolitan board for erection of temporary 
 
 dams, Thames Floods Prevention Act 733 
 
 as to elevation of houses, Artizans, &c., Dwellings Improve- 
 ment Act, 1875 564 
 
 Confirmation 
 
 of schemes as to commons by Act of parliament, under 
 
 Commons Act, 1866 351 
 
 of regulations of water companies 385 
 
 of improvement scheme, under Artizans and Labourers' 
 
 Dwellings Improvement Act, 1875 562 
 
 enquiry by confirming authority on refusal of local au- 
 thority to make scheme 563 
 
 modification of scheme 565 
 
 Confirming Authority 
 
 Artizans, &c. , Dwellings Improvement Act, 1 875 583 
 
 Consent See Board of Trade, Secretary of State, Treasury. 
 of vestries and district boards as to vaults, arches, and 
 
 cellars 56 
 
 of metropolitan board for making of new sewer 1 93
 
 Index. xxv 
 
 COSSEKT continued. PAGE 
 
 of metropolitan board for improvements by vestries and 
 
 district boards 200 
 
 of metropolitan board for buildings beyond general line... 202 
 
 conditions as to such buildings 205 
 
 of metropolitan board for stopping up street by vestries 
 
 and district boards 209 
 
 placing buildings on sewers without consent of boards and 
 
 vestries 198,199 
 
 of metropolitan board for works by vestries and district 
 
 boards beyond limits of metropolis 192 
 
 of metropolitan board for improvements by vestries and 
 
 district boards 200 
 
 in case of joint appointment of officer for several parishes . 82 
 of vestry for requisition to owner of house to provide water 
 
 supply 377 
 
 of Her Majesty in council for alteration of the rules of the 
 
 Building Act as to thickness of walls 293 
 
 under Building Act, how given on behalf of persons under 
 
 disability 305 
 
 how given on behalf of persons not to be found 305 
 
 under Commons Act with respect to rights of crown, &c.... 352 
 
 Consolidated Loans Fund 
 
 for paying dividends on and redeeming consolidated stock 255 
 
 application of 255 
 
 sinking fund of existftg securities may be carried to ... 257 
 
 Consolidated Rate 
 
 power of metropolitan board to levy 251 
 
 to be assessed and raised in like manner as sums required 
 for execution of 18 & 19 Viet. c. 120, and for purposes 
 
 of Main Drainage Acts 251 
 
 precepts of metropolitan board for 252n 
 
 orders of district boards and vestries for raising money 
 
 required for 254 
 
 places in sched. (C) to 18 & 19 Viet c. 120, to be liable to, 
 except where entitled under General Improvement 
 Acts to exemption 254 
 
 Consolidated Stock 
 
 creation by metropolitan board of 247 
 
 lands, rents, &c., of board, security for 247 
 
 application of money raised by 247 
 
 to be personal estate 247 
 
 books for .. 248 
 
 transferof 248 
 
 advance of money by public works loan commissioners on 
 
 security of 248 
 
 advances by commissioners for reduction of national debt 
 
 on security of 248 
 
 certificates of 249 
 
 Stock Certificate Act, 1863, to extend to 249 
 
 stamp duty on transfers 250 
 
 forgery, &c., of transfers 250 
 
 consolidated loans fund to be established for paying divi- 
 dends on and redeeming 255 
 
 creation of, for raising further sums 257
 
 xxvi Index. 
 
 CONSOLIDATED STOCK continued. PAGE 
 
 metropolitan board may create, for paying off money 
 
 borrowed, &c 257 
 
 conversion of existing securities into 257 
 
 annual return of, to be laid before parliament 264 
 
 forms of transfer of, second schedule 266 
 
 Consolidation 
 
 of improvement funds, Coal and Wine Duties Act . . . 242 
 by Public Health Act, 1875, of provisions relating to sani- 
 tary authorities 604?i 
 
 Construction See Sewers, Works. 
 Consumer 
 
 of gas may use any stamped meter under Gas Act, 1859 ... 401 
 of gas may make complaint to magistrate as to supply of 
 
 gas, under Gas Act, 1860 413 
 
 appeal by, to home secretary on rise in price of gas ... 415 
 
 stores for gunpowder of, Explosives Act 444 
 
 Contagious Diseases (Animals) Act, 1878 
 
 abstract of provisions of ... ... 214u 
 
 decisions on repealed Act 215?& 
 
 Contagious, &e., Disorder 
 
 removal to hospital of person suffering from ... ... 646 
 
 Contamination See Water, Nuisances Removal and 
 
 Sanitary Acts. 
 of water, under Metropolis Gas Act, 1860 419 
 
 Contract 
 
 power for boards, &c., to enter into ... ... 88 
 
 for works to be under seal ... 88 
 
 copies of, of boards and vestries, to be kept ... ... 26 
 
 officers not to be interested in ... ... 27 
 
 existing, to remain valid ... ... ... 50 
 
 vestries and district boards may make, with companies for 
 
 restoring pavements ... ... ... 66 
 
 entered into with commissioners of sewers transferred to 
 
 metropolitan board of works ... ... 88 
 
 entered into during preceding year, amount of ... ... 120 
 
 as to uncompleted, for loans 264 
 
 as to, made previously to passing of Building Act, 1855, 
 
 for erection of new buildings ... ... 312 
 
 for establishing telegraphic communication, Fire Brigade 
 
 Act 338 
 
 of gas companies to be valid though not under seal, under 
 
 Gas Act, I860 "..V ' 411 
 
 restrictions on, with gas companies ... ... ... ... 411 
 
 determination, under Gas Act, 1860, of existing, ... ... 414 
 
 not to be affected by provisions of Food and Drugs Act, 
 
 1875 594 
 
 by local authority for building, &c., workmen's dwellings 
 
 under Artizans, &c., Dwellings Act, 1868, Amendment 
 
 Act, 1879 724
 
 Index. xxvii 
 
 Contractor ,. PAGE 
 
 vestries and district boards may compound with, in respect 
 
 of any penalty for breach of contract ... 89 
 
 Contribution 
 
 vestry or district board may order, towards construction 
 
 of sewer ... ... ... 43 
 
 to cost of main sewers under section 80 of original Act 
 
 extended to metropolitan board 193 
 
 boards and vestries may accept, in one sum or by instal- 
 ments 193 
 
 metropolitan board to keep register of, when time for 
 
 payment given ... 194 
 
 directions as to, on branching sewers... ... 194 
 
 by owners of land and houses towards expenses of paving 
 
 new streets ... ... ... ... 206 
 
 under Fire Brigade Act, by insurance companies 340 
 
 modeof ascertaining proportions of ... 340 
 
 mode of enforcing ... ... 340 
 
 by government towards expenses of tire brigade ... ... 341 
 
 by local authority for purpose of common scheme under 
 
 Commons Act, 1866 ... ... 153 
 
 Conveniences (public) 47 
 
 Conversion 
 
 of existing securities into consolidated stock 257 
 
 Cornwall, Duchy of 
 
 saving rights of the crown in respect of 227 
 
 consent of, under Metropolitan Commons Act 352 
 
 Coroners' Inquest 
 
 provisions as to, on death from accident connected with 
 
 explosives, under Explosives Act, 1875 468 
 
 Corporate Bodies 
 
 powers of, for sale and disposal of land ... ... ... 95 
 
 as to power of, to sell property, under General Paving 
 
 Act 702 
 
 Corporation of City of London See London. 
 
 Costs See Appeal, Expenses. 
 
 recovery of amount of, under Metropolis Management 
 
 Act, 1855 135 
 
 penalties extended to ... 135 
 
 recovery of, under Act of 1862 221 
 
 of suit 224 
 
 on summary proceedings under Metropolitan Building Act, 
 
 1855 313 
 
 on appeal to quarter sessions under Slaughter-houses Act, 
 
 1874 366 
 
 of confirming authority under Artizans, &c., Dwellings 
 
 Improvement Act, 1875 562 
 
 of iill for confirming provisional order referred to com- 
 mittee of house of parliament ... 563
 
 xxviii Index. 
 
 COSTS continued. PAGE 
 
 of obtaining order of justices under Nuisances Removal 
 
 Act, 1855 614 
 
 recoverable under 11 & 12 Viet. c. 43 620 
 
 on complaint of householder, Nuisances Removal, &c., 
 
 Act, 1860 635 
 
 payment of, to nuisance authority by owner or occupier ... 648 
 
 on arbitration under Artizaus, &c., Dwellings Act, 1868 ... 722 
 
 on arbitration under Thames River Floods Prevention Act 737 
 
 Counters Creek 
 
 debt for works, to be paid out of main drainage rates ... 169 
 
 County Authority 
 
 bye-laws by, for granting licenses to use locomotives . . , 532 
 
 County Court 
 
 things authorized to be done by, under Building Act, 
 determination of differences, and form of proceedings 
 
 in 307 
 
 appeal from decision of ... ... ... ... ... 308 
 
 judge to give consent required under Building Act if owner 
 
 cannot be found 305 
 
 County Rate 
 
 basis of assessments of metropolitan board ... ... ... 107 
 
 (See now Valuation (Metropolis) Act, 1869, in note to 
 
 section 161 of Metropolis Management Act, 1855) ... 100 
 
 Court, Passage, or Public Place 
 
 when freehold, to be paved by owner 56 
 
 penalty on owner failing to pave and drain ... ... 56 
 
 where owners of, omit to drain or pave, district board or 
 vestry may do so and charge expenses in lieu of 
 
 penalty 208 
 
 provision for water supply in, ... ... ... ... 383 
 
 may be stopped up with consent, under General Paving Act 700 
 
 Court of Summary Jurisdiction 
 
 recovery of penalties by summary proceeding ... ... 135 
 
 extended to damages, costs, &c. ... ... ... ... 221 
 
 recovery by vestries and district boards of expenses of 
 
 works 196 
 
 recovery by, of penalties, &c., for encroachments on sewers 199 
 of expenses of executing order of magistrate in case of 
 
 building beyond general line ... ... ... ... 205 
 
 of expenses of paving new street ... ... ... ... 206 
 
 of paving court on default of owner 208 
 
 on determination of matters under Fire Brigade Act ... 344 
 
 definition of, under Slaughter-houses Act ... ... ... 366 
 
 definition of, under Water Act, 1871 380 
 
 may settle disputes as to sufficiency, &c., of prescribed 
 
 fittings ... 388 
 
 constitution of, in case of offences under Infant Life Pro- 
 tection Act 541 
 
 Covenants 
 
 existing, with any commissioners or public bodies, to remain 
 
 valid 50
 
 Index.. xxix 
 
 Cow-houses PAGE 
 
 as to provisions of Contagious Diseases (Animals) Act, 1878 214n 
 to be licensed by justices; notice to be given to district 
 
 board or vestiy who may show cause ... ... ... 215 
 
 district boards and vestries may contract for removal of 
 
 manure from 216 
 
 Crops 
 
 compensation for, where destroyed by order of Privy 
 
 Council, under Destructive Insects Act, 1877 537 
 
 Crossing Sweepers 
 
 vestries and district boards may appoint and pay ... ... 67 
 
 to have distinctive mark as public servants ... ... 67 
 
 Cross Walls 
 
 definition of under Building Act, 1855 ... ... ... 275 
 
 thickness of, first sched. ... ... ... ... ... 318 
 
 Crown 
 
 ' saving rights of, (Metropolitan Management Act, 1855) ... 227 
 power for, to vest memorial, &c., rights in commissioners 
 
 (Metropolitan Commons Act, 186) 353 
 
 Gardens in Towns Protection Act not to extend to property 
 
 of 360 
 
 Crown Estate Paving Act, 1851 
 
 saving of powers of commissioners for executing, 1 40 
 
 D. 
 
 Dairyman 
 
 licensing of premises used by, ... ... ... ... 215 
 
 Damage See Compensation. 
 
 Dangerous Structure- See Structure, District 
 Surveyor. 
 
 Dead Bodies 
 
 places for reception of, post-mortem examinations, &c., 
 
 Sanitary Act, 1866 646 
 
 Debt 
 
 of boards, &c., under local Acts, how to be discharged ... 112 
 
 of metropolitan commissioners of sewers ... ... ... 113 
 
 proof of, by boards and vestries, in bankruptcy 133 
 
 for Counters Creek and Ravensbouvne works distributed, 
 
 Metropolis Mauagement Amendment Act, 1862 ... 169 
 apportionment of ... ... ... ... ... 170, 229 
 
 due to Clergy Mutual Assurance Society 170 
 
 nothing in amending Acts to affect priority under original 
 
 Act 171 
 
 recovery of money assessed by metropolitan board on extra- 
 parochial property for payment of 177
 
 xxx Index. 
 
 Default PAGE 
 
 of local authority, under Artizans, &c., Dwellings Act, 1875 564 
 under Artizans, &c., Act, 1868, Amendment Act, 1879 ... 723 
 secretary of state may appoint person to do duty on default 
 
 of local authority, under Sanitary Loans Act, 1869... 658n 
 
 Defects (Structural) 
 
 in theatres, music halls, &c., Metropolis Management 
 
 and Building Acts Amendment 328 
 
 Defendant 
 
 plea by, in action against boards and vestries 328 
 
 pica by, in prosecution under Sale of Food and Drugs Act, 
 
 1875 593 
 
 what does not amount to defence in sale of adulterated 
 articles (Sale of Food and Drugs (Amendment) Act, 
 1879) 598 
 
 Demand See Notice. 
 
 Destructive Insects Act, 1877 536 
 
 orders of Privy Council for preventing introduction, &c., of 
 
 destructive insects, and for preventing spreading of... 536 
 
 compensation for crops 537 
 
 local authorities ... ... ... ... 537 
 
 Discovery 
 
 of irregularity by district surveyor when no notice given, 
 
 Metropolitan Building Act 308 
 
 Discontinuance 
 
 of tramways ... ... 511 
 
 Diseases (Contagious or Infectious) 
 
 carriages for conveying persons suffering under . . . 634, 645 
 duties of nuisance authority for preventing or checking 
 
 diseases 645 
 
 means of disinfection ... ... ... ... 645 
 
 penalty on person suffering under, entering public con- 
 veyance 646 
 
 disinfection of premises, Sanitary Act, 1866 645 
 
 of conveyance ... ... ... ... ... 650 
 
 Diseases Prevention Act, 1855 600 
 
 Distress 
 
 where officer fails to account 29 
 
 against goods of overseers failing to pay over money ... 105 
 
 District 
 
 formation of parishes in sched. B. into ... 15 
 
 provision as to payment of a sum for the management of 
 
 part of adjoining ... ... 99 
 
 precept for sums assessed on, in sched. (B.) to be directed 
 
 to district board ... . 108
 
 Index. xxxi 
 
 DISTRICT continued. PAGE 
 each electing one member of metropolitan board of works, 
 
 ached. (B), part 1 146 
 
 united for electing one member of metropolitan board, 
 
 sched. (B), part II 148 
 
 and parish united for electing one member of metropolitan 
 
 board, sched. (B), part III 148 
 
 (Tower) meaning of 48n 
 
 (London) meaning of, in Coal and Wine Duties (Continuance) 
 
 Act, 1861 240 
 
 (Woolwich) under Public Health Act, 1848 I39n 
 
 definition of, under Water Act, 1871 380 
 
 definition of, under Gas Act, 1860 407 
 
 District Board of Works See Local Authority, 
 Nuisance Authority. 
 
 constitution of, 15 
 
 election of members of 17 
 
 meetings ... ... ... ... 17 
 
 incorporation of ... ... 15 
 
 election of chairman ... ... ... 16 
 
 disqualification of members and auditors 23 
 
 penalty for acting as member or auditor of, when 
 
 disqualified ... 24 
 
 revocation or alteration of resolutions 25 
 
 appointment of committees 25 
 
 minutes of proceedings ... ... ... ... ... 26 
 
 inspection of books ... ... ... ... 26 
 
 appointment and removal of officers ... 27 
 
 clerk and treasurer of, partner, &c., not to be same person -27 
 penalty on officers interested in contracts, or exacting 
 
 fees 27 
 
 officers, &c., of, intrusted with money to give security ... 28 
 
 duties and powers of 30 
 
 as to sewers see Sewer ... ... ... 31 
 
 as to drainage see Drain ... ... ... 40 
 
 to cause offensive ditches, drains, &c., to be cleansed and 
 
 covered ... ... ... 46 
 
 compensation for interference with ancient mill, or right 
 
 connected therewith ... ... 46 
 
 may provide public conveniences 47 
 
 may transfer their powers as to sewerage to metropolitan 
 
 board 47 
 
 consent of metropolitan board required for transfer, Metro- 
 polis Management Amendment Act, 1862 ... y . 180 
 powers relating to paving, lighting, &c., vested in commis- 
 sioners, &c., to vest in ... ... 47 
 
 property of commissioners, &c., relating to paving, &c., 
 
 transferred ... 50 
 
 existing contracts, &c. , to remain valid ... 50 
 
 to execute office of, and be surveyor of highways within 
 
 their district 51 
 
 rights and liabilities of ... ... ... ... ... 51?i 
 
 not subject to provisions of Highway Act concerning ac- 
 counts of, and returns by surveyors of highways ... 53 
 all highways, paveftients, and materials, vested in... ... 54 
 
 balance of rates already levied, to be paid to 55 
 
 may cause streets to be paved ,., ... 56 
 
 3 K
 
 xxxii Index. 
 
 DISTRICT BOARD OF WORKS continued. PAGE 
 
 pavement of courts by owner of freehold ... ... ... 56 
 
 may alter position of companies' pipes ... ... ... 56 
 
 vaults and cellars not to be made without consent of ... 56 
 may fill up or alter vaults or cellars if improperly made 57 
 may repair vaults and cellars on default of owner, and re- 
 cover expenses ... ... ... ... ... ... 57 
 
 district surveyor to report the occupation of rooms and 
 
 cellars contrary to the regulations of ... ... ... 58 
 
 paving new streets, at expense of owners 60 
 
 may give notice of intention to repair any street, not being 
 
 a highway ... ... 62 
 
 may place fences to footways, crossings, &c. 62 
 
 notice to be given to, by companies, &c. when pavement is 
 
 required to be taken up... ... ... ... ... 63 
 
 to superintend breaking up of pavements, &c. ... ... 64 
 
 to give notice to companies to repair pavements injured by 
 
 them ... ... ... 65 
 
 pavements, &c. , to be reinstated by companies to satisfaction 
 
 of 65 
 
 may reinstate pavement, and charge expenses to the 
 
 parties 66 
 
 may contract with companies for restoring pavements ... 66 
 
 to cause footways to be cleansed 66 
 
 power to water streets, sink wells, and erect pumps ... 66 
 notice to owner, &c., to remove projections, &c., made after 
 
 commencement of Act ... ... ... ... ... 67 
 
 may remove existing projections and make compensation 68 
 
 no hoarding to be erected without licence from ... ... 68 
 
 may remove hoarding, &c.,not satisfactorily erected or kept 
 
 in good repair 69 
 
 dirt, soil, ashes, &c., to be vested in ... ... ... .. 70 
 
 streets to be lighted 
 
 to appoint inspectors of nuisances 
 
 to appoint medical offi 
 110 slaughter-houses to 
 
 cers of health... 
 
 ) slaughter-houses to be licensed without notice to 
 
 71 
 
 72 
 72 
 72 
 
 repealed by Metropolitan Management Act, 1862, with sub- 
 stituted provisions ... ... ... 213 
 
 to be local authorities to execute Nuisances Removal Acts 73 
 
 streets situate in more than one parish may be placed under 
 
 management of one ... ... 82 
 
 metropolitan board may with consent of, appoint officers for 
 
 two or more parishes conjointly 82 
 
 metropolitan board to make orders for guidance, &c., of, in 
 
 matters relating to sewerage ... ... 82 
 
 may demolish or set back buildings brought beyond regular 
 line of street (repealed by Metropolis Management Act, 
 1862,s.75) 84 
 
 repealed by section 75 of Metropolis Management Amend- 
 ment Act, 1862, with substituted provisions ... ... 202 
 
 complaint by, under Metropolis Management Act, s. 75, 
 
 where building beyond general line 202 
 
 rates made by commissioners of sewers to be paid to, by 
 
 order of metropolitan board ... ... ... ... 87 
 
 may enter into contracts for carrying Act into execution... 88 
 
 requirements in contract for works ... ... ... 88 
 
 may compound with contractor in respect of penalty for 
 
 breach of ... 89
 
 Index. xxxiii 
 
 DISTRICT BOARD OP WORKS continued. PAGE 
 
 may purchase or lease lands for purposes of Act 91 
 
 power of, to dispose of or let lands or property not 
 
 wanted 95 
 
 penalty for withholding property transferred to 96 
 
 may break up turnpike road, subject to certain restrictions 96 
 repealed by Metropolis Management Amendment Act, 
 
 1862, s. 105, which substituted other provisions ... 182 
 
 provisions for defraying expenses of, in execution of Act 97 
 to distinguish sums required for sewerage purposes, and in 
 certain cases for lighting, and those required for other 
 
 purposes 97 
 
 may exempt from payment parts not benefited by expen- 
 diture 98 
 
 how sums to be raised where part of parish is under manage- 
 ment of adjoining 99 
 
 on default of overseers to pay rates, collector may be ap- 
 pointed 106 
 
 precept for sums assessed on districts in sched. (B.) to be 
 
 directed to 108 
 
 payment by, of sums assessed by metropolitan board ... 109 
 to raise moneys to discharge existing debts and liabilities 112 
 power to borrow money on mortgage, with sanction of me- 
 tropolitan board 114 
 
 by, to be by deed stamped ... ... . 116 
 
 116 
 117 
 117 
 117 
 117 
 interest" to cease on expiration of notice to pay off mortgage 
 
 debt 117 
 
 mortgages, how to be paid off. .. ... ... 119 
 
 accounts of, to be balanced to end of year 120 
 
 to elect auditor by ballot ... ... ... 121 
 
 accounts of, how to be audited ... ... 121 
 
 annual report and summary to be made by 122 
 
 abstract of account of, to be made 122 
 
 to send copy of same, with list of officers to metropolitan 
 
 board 123 
 
 to allow inspection of, and furnish copies 123 
 
 power ot, to make, alter and repeal bye-laws for purposes 
 
 specified 124 
 
 penalties for breach thereof ... ... ... 125 
 
 no penalty to be imposed unless bye-law approved by sec- 
 retary of state ... ... ... ... ... ... 125 
 
 publication and evidence of bye-laws ... ... ... 125 
 
 provisions for protection of property and works of ... 126 
 
 no buildings to be erected over sewer without consent of... 126 
 extended powers conferred on, in case of unauthorized in- 
 terference with sewer, &c., by Metropolis Management 
 
 Amendment Act, 1862. ss. 68, 69 198,199 
 
 payment of penalty and expenses under Metropolis Manage- 
 ment Amendment Act, 1 862 1 99 
 
 penalty for wilfully damaging, &c., lamps or other pro- 
 perty of 127 
 
 appeal to metropolitan board against orders of, with respect 
 
 to the construction of buildings, sewers, &c, ... .,. 128 
 3E2 
 
 public works loan commissioners may make advances to 
 may borrow money to pay off existing securities ... 
 may fix a time for repayment of money borrowed... 
 to pay interest half-yearly ... 
 may pay off money on giving six months' notice
 
 xxxiv Index. 
 
 DISTRICT BOARD OP WORKS continued. PAGE 
 
 savings, &c. , in local Acts applicable to commissioners of 
 
 sewers to apply to 128 
 
 may award compensation to officers of paving boards, &c,... 129 
 where claim rejected by, person may appeal to metropolitan 
 
 board 130 
 
 compensation to cease if officer is employed by ... ... 130 
 
 may require payment of expenses from occupier, to be after- 
 wards deducted from rent ... ... ... ... 131 
 
 may apportion the payment of money or execution of works 
 
 between two or more persons 131 
 
 may accept repayment by instalments 131 
 
 as to service of notice on 132 
 
 amount of compensation, &c., to be made by, if disputed, 
 and under 50 to be settled by justices, if over, by 
 arbitration 133 
 
 clerk of, may prove debts in bankruptcy 133 
 
 one-half of penalty if not otherwise provided for to 
 
 go to 137 
 
 repealed by Metropolis Management Amendment Act, 
 
 1862, with substituted provisions 221 
 
 variation of, provisions in local Acts at variance with Act, 
 
 by order in council ... ... ... ... ... J42 
 
 empowered to take ground to be maintained as an open 
 
 space or pleasure ground ... ... ... ... 166 
 
 may pay precept of metropolitan board out of moneys in 
 
 their hands ... ... ... ... ... ... 173 
 
 may demand to be furnished with copies of poor rates ... 176 
 
 to pay vestries named in sched. (B) to original Act, ex- 
 penses incurred in execution of Acts ... ... ... 177 
 
 persons lending money to, not bound to inquire into appli- 
 cation of money, regularity of proceedings, &c. ... 177 
 
 public loan commissioners may make advances to ... 178 
 
 communications with sewers in adjoining parish or dis- 
 trict 181 
 
 communication to be made to satisfaction of adjoining 
 
 parish ... ... ... ... ... 181 
 
 metropolitan board may order payment of compensation 
 
 or remuneration 182 
 
 adjoining parish or district may recover same from, by 
 
 action or summary proceeding ... ... 182 
 
 may open and break up turnpike roads, subject to certain 
 
 restrictions 182 
 
 may not alter the level of any railway or canal without 
 consent of company, or, if refused, without consent of 
 board of trade 183 
 
 may contribute to expense of drainage works executed by 
 
 owner or occupier of land ... ... 187 
 
 officers of health for, to make annual report to 187 
 
 to submit plans of new sewers to metropolitan board ... 188 
 
 to give three days' notice before connecting any sewer with 
 
 a main sewer 188 
 
 sanction of, to the branching of sewers into main or district 
 
 sewers by private persons ... ... ... ... 188 
 
 to obtain approval of metropolitan board before sanctioning 
 
 the branching of sewers by private persons ... ... 188 
 
 in case of alteration or abandonment of works, notice to be 
 
 given to. and to sanction same ... ... ... ... 189
 
 index. XXXV 
 
 DISTRICT BOARD OP WORKS continued. PAGE 
 
 may apportion the expenses of sewers in new streets 
 amongst the owners, &c., in one sum, or by instal- 
 ments within twenty years 189 
 
 may apportion expenses of sewers in places where pre- 
 viously there were only open sewers, &c., between 
 owners and, in one sum, or by instalments 190 
 
 where estimated expenses exceed the cost, the difference to 
 
 be refunded by, and where less than, to be paid to ... 191 
 
 may charge land less than house property ... ... ... 191 
 
 may defray part of expense out of sewers' rates ... ... 191 
 
 appeal against orders of, as to amount of expenses, to 
 
 metropolitan board 191 
 
 may execute, &c., sewerage works beyond the limits of 
 
 metropolis ... ... ... ... 192 
 
 but only with consent of metropolitan board and autho- 
 rities through whose district work passes 192 
 
 no new sewer to be made by, without consent of metro- 
 politan board 193 
 
 may accept payment of contribution by instalments ... 193 
 
 to transmit to metropolitan board particulars of contri- 
 bution where time given ... ... 194 
 
 no sewer or drain to be branched into a sewer of, without 
 
 consent of ... ... ... ... ... ... 194 
 
 penalty, and communication may be cut off, and works 
 
 executed by 195 
 
 extension of time under section 76 of original Act for noti- 
 fying orders of ... ... ... ... 195 
 
 half-yearly reports of cellars occupied as dwelling to be 
 
 made by district surveyor to " 195 
 
 where orders made by, with respect to drains, &c., under 
 sections 73, 74, 76, 81, 85 and 86 of original Act, may 
 proceed for penalty, or do works ... ... ... 196 
 
 person not to be proceeded against both for penalty and 
 
 expense of works 196 
 
 may order owner or occupier to lay on water, or may do 
 
 works and recover expenses ... ... 1 97 
 
 or where supply insufficient, may order increased supply, 
 
 &c 197 
 
 where there is no sewer, to require owners of houses to 
 
 construct cesspool ... ... ... ... ... 197 
 
 empowered to provide and maintain drinking fountains... 199 
 
 income of estates, property, &c. subject to trusts for repair 
 
 of highways, to be paid over to 200 
 
 may widen streets, &c. with the consent of metropolitan 
 
 board, or contribute to same ... ... 200 
 
 may take, by agreement or gift, land for that purpose, and 
 
 make bridge, &c., over canal with consent of company 200 
 
 may borrow money necessary for such improvements . . . 201 
 
 prohibition against removal of bar, gate, rail, &c., without 
 
 consent of proprietor of estate 201 
 
 may flag footpaths, and charge occupiers with cost ... 206 
 
 may apportion costs of paving new streets, and may accept 
 
 amount by instalments, and recover same 206 
 
 may drain and pave courts and passages, and charge owner 
 
 with cost ... 208 
 
 to give notice of intention to repair streets not being high- 
 ways 208
 
 Xxxvi Index. 
 
 DISTRICT BOARD OP WORKS continued. PAGE 
 
 may, with consent of metropolitan board, stop up streets 
 
 during execution of works 209 
 
 bye-laws may be made by metropolitan board for guidance 
 
 of, in construction of sewers ... 209 
 
 may paint or affix names of streets 210 
 
 on receiving order of metropolitan board, to give notice to 
 
 owners to mark their nouses with numbers or names, 
 
 penalty for not obeying 211 
 
 may contract for removal of manure from stables or cow- 
 houses 216 
 
 one month's notice to be given to, of intention to apply for 
 
 license for slaughter-house ... ... ... ... 216 
 
 power of, to borrow moneys for improvement of streets ... 219 
 
 one month's notice of action to be given to ... ... 222 
 
 loans to, by metropolitan board, under Metropolitan Board 
 
 of Works (Loans) Act, 1869, and Money Acts ... 246u 
 
 orders of, for raising money required for consolidated 
 
 rate 254 
 
 may grant superannuation allowances to officers in certain 
 
 cases 270 
 
 powers to, and vestries to execute flood works, under 
 
 Thames River Prevention of Floods Act, 1879 ... 733 
 
 District Mains 
 
 water companies to furnish particulars of, when required 375 
 
 District Surveyor 
 
 appointed under Building Act may enter rooms and cellars 
 occupied contrary to Metropolis Management Act, 
 
 1855 58 
 
 to make half-yearly reports to boards and vestries as to 
 
 cellars occupied as dwellings ... ... ... ... 195 
 
 definition of, under Building Act, 1855 276 
 
 notices to 283 
 
 provisions as to ... 286 
 
 buildings to be supervised by ... 286 
 
 powers of metropolitan board respecting 287 
 
 examination of, as to competency ... ... 287 
 
 may appoint deputy, with consent of metropolitan board 287 
 
 notice to, by builder 288 
 
 to cause mles of Act to be observed ... 288 
 
 not to act in case of works under his professional super- 
 intendence 288 
 
 may enter and inspect buildings affected by Act 289 
 
 notice by, to builder, in case oi irregularity 289 
 
 order of justices to comply with requisition of ... ... 290 
 
 penalty for non-compliance with order ... 290 
 
 when entitled to sell building 290 
 
 metropolitan board may appoint special fees for, for services 
 
 of, not provided for ... ... ... 291 
 
 periods when, entitled to fees 291 
 
 fees of 291 
 
 schedule of fees of ... 319 
 
 fees for special services 298 
 
 payments to, in respect of matters in first part of second 
 
 schedule 291 
 
 returns 'by 292
 
 Index. xxxvii 
 
 DISTRICT SURVEYOR continued. PAGE 
 
 monthly returns by, to metropolitan board 292 
 
 returns duly signed, a certificate that works conformable to 
 
 Act ' 292 
 
 superintending architect of metropolitan board to audit 
 
 accounts of fees charged by 292 
 
 metropolitan board may pay salaries instead of fees ... 294 
 
 fees received by, to be paid to superintending architect ... 294 
 
 to see plans carried into execution 294 
 
 survey of dangerous structures by ... 295 
 
 order of justices for removal of inmates from ... ... 298 
 
 on completion of survey of dangerous structures to give 
 
 certificate 295 
 
 fees paid to, to be deemed part of expenses 298 
 
 fees payable to, under Metropolis Management and Build- 
 ing Acts Amendment Act, 1878 332 
 
 may enter and inspect theatres, music halls, buildings, and 
 
 works 334 
 
 survey by, of dangerous or insufficient bank, &c., under 
 
 Thames Floods Prevention Act, 1879 738 
 
 Ditch See Drain. 
 
 to be cleansed, covered, or filled up if a nuisance 46 
 
 by the side of roads may be filled up, and pipes sub- 
 stituted 47 
 
 so foul as to be a nuisance within Nuisances Removal Act, 
 
 1855 609 
 
 order to drain, cleanse, &c 613 
 
 order prohibiting recurrence... 613 
 
 execution of structural works for abatement of nuisance ... 614 
 
 surveyors to make, scour, cleanse, &c. 615 
 
 may lay down sewer where necessary to abate nuisance, 615, 616 
 local authority empowered to assess houses, buildings, &c., 
 
 using sewer 616 
 
 Dividends 
 
 on consolidated stock to be paid as board, with approval of 
 
 Treasury, shall direct 261 
 
 clerks, &c., making out false warrants to be guilty of 
 
 felony 250 
 
 Division 
 
 of parishes into wards ... ... ... 3 
 
 of buildings under Metropolitan Building Act 285 
 
 Dock Company 
 
 saving in favour of, Thames River Prevention of Floods 
 
 Act, 1879 735 
 
 rating of 98?i, 105n 
 
 Documents 
 
 authentication of, by signature of clerk 133 
 
 forgery and falsification of, under Explosives Act, 1875 ... 476 
 
 Drainage See Drain, Sewei', Sewer Authority, Main 
 Drainage. 
 
 Drain 
 
 definition of, under Metropolis Management Act, 1855 ... 144 
 under Metropolis Management Amendment Act, 1862 ... 225
 
 xxxviii Index. 
 
 DRAIN continued. 
 
 owner of house required to make sufficient 
 
 combined drainage of blocks of houses ... ... ... 40 
 
 notice of intention to build, to be given to boards and 
 
 vestries ... ... ... ... ... ... ... 41 
 
 to be made as vestry or district board shall order 42 
 
 vestry or board may make, for houses at the owner's 
 
 expense ... ... ... ... ... ... ... 43 
 
 branching private drains into sewers ... 43 
 
 repealed by Metropolis Management Amendment Act, 
 
 1862, which introduces new provisions 194 
 
 as to inspection of ... ... ... 44 
 
 penalty for improperly making or altering ... ... 45 
 
 as to expenses, when no default found ... ... ... 45 
 
 power of vestries or district boards to put into proper con- 
 dition 46 
 
 vestries and district boards may transfer their powers as to 
 
 drainage to metropolitan board ... ... ... ... 47 
 
 previous consent of metropolitan board required for 
 
 transfer 180 
 
 vestries and district boards may substitute, for ditches ... 47 
 
 vestries and district boards to appoint persons to cleanse... 70 
 
 penalty on persons sweeping dirt, &c., into... ... ... 126 
 
 penalties under other Acts for offences of a similar nature l2Qn 
 seven days' notice must be given before, can be branched 
 
 into main sewer ... ... ... ... ... ... 188 
 
 where there is no sewer, houses may temporarily be drained 
 
 into a cesspool, and enactments of original Act as to, 
 
 to apply 196 
 
 penalty on persons making any drain into any sewer 
 
 belonging to board or vestry without notice 212 
 
 as to cleansing of, under General Paving Act ... ... 683 
 
 foul, a nuisance under Nuisances Kemoval Act ... ... 609 
 
 proceedings for removal of nuisance ... ... ... 611 
 
 surveyor to cleanse, &c. ... ... ... ... ... 615 
 
 laying down sewer in... ... ... ... ... ... 616 
 
 repair, &c., of, under General Paving Act (Metropolis) ... 671 
 
 Drawback 
 
 upon coals to continue to be allowed ... ... ... 241 
 
 Drinking Fountain 
 
 district boards and vestries in sched. (A) to original Act 
 
 empowered to provide and maintain ... ... ... 199 
 
 Drugs See Food. 
 Dust See Refuse. 
 
 Dwelling S, and see House, Building. 
 
 half-yearly reports of cellars, occupied as, to be made by 
 
 district surveyor to boards and vestries ... ... 195 
 
 rules for walls of, first sched. Part I., Building Act, 1855... 315 
 thickness of walls of, first sched., Part I. ... ... ... 315 
 
 provision for water supply in, in courts, passages, &c., 
 
 under Water Act, 1871 383 
 
 contracts by local authority for building, &c., workmen's, 
 under Artizans, &c., Dwellings Act, 1868, Amendment 
 Act, 1879 t 724
 
 Index xxxix 
 
 DWELLINGS continued. PAGE 
 
 power of local authority to make bye-laws respecting 
 
 workmen's ... ... ... ... ... ... 725 
 
 (Artizans and Labourers) Act, 1868 544 
 
 Amending Act, 1879 720 
 
 (Artizans and Labourers) Improvement Act, 1875 ... 558 
 
 Amending Act, 1879 582 
 
 E. 
 
 Easement See Land. 
 
 purchase of, for preventing obstruction of sewage, &c. ... 91 
 
 notice of taking ... ... ... ... ... ... 93 
 
 extinction of, under Artizans and Labourers' Dwellings 
 
 Improvement Act, 1875 568 
 
 Ecclesiastical District 
 
 nothing in original or amendment Act to affect ... ... 162 
 
 Effluvia 
 
 trade, business, &c., causing See Trade. 
 
 Election See Metropolitan Board, District Board, Vestry. 
 
 of officers, out of vestries under local Acts 137 
 
 occupiers rated for one year may vote for, of vestrymen or 
 
 auditors ... ... ... ... ... ... ... 164 
 
 to fill vacancy where vestrymen elected for more than one 
 
 ward 185 
 
 to be held annually for supplying vacancies ... ... 185 
 
 Ely Place and Mews 
 
 commissioners for paving, lighting, &c., to retain their 
 
 powers ... ... ... ... ... ... ... 138 
 
 to be subject to Act as to sewerage and drainage ... ... 138 
 
 Embankment of River Thames 
 
 Acts relating to Sin, 242?i 
 
 Encroachment on Sewers See Metropolitan 
 
 Board, District Board. 
 
 on highways and roads, reference to legal decisions on ... 55n 
 under General Paving Act (Metropolis) 696 
 
 Engineer 
 
 surveyor to include ... ... ... ... ... ... 220 
 
 plans of works affecting railways and canals, to be sub- 
 mitted to, if there is a dispute 183 
 
 inspection of lands by, for flood works, Thames Flood Pre- 
 vention Act 736 
 
 Engines 
 
 for cleansing, &c., sewers of metropolitan board 81 
 
 used for purposes of waterworks to consume their own 
 
 smoke under Water Act, 1 852 373 
 
 Entry 
 
 to inspect underground rooms ... ... 58 
 
 justice may make order for ... ... ... ... ... 58 
 
 for inspection of drains, &c 68 
 
 by vestries and district boards on lands for execution of 
 
 works . 76?t
 
 powers of privy council with respect to ... 600 
 
 local board charged with execxition of r( 
 
 xl Index. 
 
 ENTRY continued. PAGE 
 
 right of, to open spaces may be conveyed to metropolitan 
 
 board for use of public, under Open Spaces Act, 1877 361 
 on lands by local authority under Artizans, &c., Dwellings 
 
 Act, 1875 577 
 
 local authority and officers to have power of, under Diseases 
 
 Prevention Act, 1855 600 
 
 under Diseases Prevention Act ... ... 601 
 
 and under Nuisances Kemoval Act, 1855 610 
 
 under Sanitary Act, 1866 647 
 
 on lands by engineer of metropolitan board, under Thames 
 
 Floods Prevention Act 736 
 
 Epidemic Disease 
 
 with respect t 
 
 regulations... 
 
 Erection 
 
 beyond general line of buildings in streets, &c. ... ... 203 
 
 Escapes, Fire 
 
 Fire Brigade Act 339 
 
 Estates, Charities, and Bequests 
 
 vestries to publish lists of, with situation and application 123 
 
 lists of, to be open to inspection ... ... 123 
 
 Estimate 
 
 of value of property for assessment under Metropolis 
 
 Management Act, 1855 108 
 
 of annual value of property for assessment by metropo- 
 litan board, under Metropolis Management Amend- 
 ment Act, 1862 173 
 
 valuation list under Valuation Metropolis Act, 1869, now 
 
 conclusive evidence of ... lOOn 
 
 and plans of metropolitan board of works for the intercep- 
 tion of sewage to be submitted to commissioners of 
 
 works (repealed by 21 & 22 Viet. c. 104) 81 
 
 of expenses of paving new streets, section 105 of Metropolis 
 
 Management Act, 1855 61 
 
 under s. 77 of Metropolitan Management Amendment 
 
 Act, 1862... 206 
 
 for consolidated rate of metropolitan board under Loans 
 
 Act, 1869 251 
 
 computations for ... 253 
 
 for consolidated rate, requirements in ... 253 
 
 of expenses under Tramway Act, 1870 523 
 
 under Artizans Dwellings Improvement Act, 1875 ... 566 
 
 for flood works under Thames Floods Prevention Act ... 732 
 
 Evidence 
 
 of minutes of proceedings ... ... 26 
 
 of bye-laws, orders, &c. ... 125 
 
 in action against boards or vestries 223 
 
 Exemption See Assessment, Metropolitan Building 
 
 Act, Explosives. 
 Expenses 
 
 of elections of vestrymen and auditors to be paid out o 
 
 poor rates 13
 
 Index. xli 
 
 EXPENSES continued. PAGE 
 
 of public conveniences to be defrayed as expenses of 
 
 sewerage ... ... ... ... ... 47 
 
 of paving, &c., incurred under previous powers to be 
 
 deemed incurred under Act 49 
 
 which, commissioners might have legally defrayed, to be 
 
 paid out of rates levied by vestry or district board ... 51 
 of altering vaults or cellars improperly made to be paid by 
 
 owner 57 
 
 of paving new streets to be paid by owners of houses in 
 
 same 60 
 
 if estimated, for paving new street exceed actual, difference 
 
 to be repaid to owners by vestry or district board ... 61 
 if estimated, be less than the actual, owners shall pay 
 
 difference... ... ... ... ... 62 
 
 reimbursement of, as between gas and water companies ... 65 
 of reinstating pavement, may be charged to gas and water 
 
 companies ... ... ... ... 66 
 
 incurred by vestry or district board in taking precautions 
 
 for preventing accidents, to be repaid by person laying 
 
 out or building in any new street 70 
 
 dirt, soil, ashes, &c., vested in vestries and district boards, 
 
 may be sold towards defraying, except sewerage ... 70 
 money arising from sale of refuse of sewage to be applied 
 
 towards defraying, of board 81 
 
 of demolishing or setting back buildings may be recovered 
 
 from owner ... ... ... 84 
 
 of vestries and district boards, in execution of Act, how to 
 
 be defrayed 97 
 
 of metropolitan board in execution of Act, how to be 
 
 defrayed 107 
 
 precepts to be issued to city chamberlain, and to vestries, 
 
 and district boards for payment of 108 
 
 chamberlain to pay, and be reimbursed 109 
 
 Vestries and district boards to pay, and to raise amount as 
 
 they raise sums to pay their own ... ... ... 109 
 
 rates for defraying, in places in sched. (C ) 109 
 
 metropolitan board and vestries and district boards may 
 
 borrow money for defraying, of Act ... 114 
 
 provisions now in force as to borrowing by metropolitan 
 
 board 114n, 
 
 incurred by demolishing buildings erected over sewers 
 
 without consent, to be paid, by person erecting ... 126 
 re-payment of, payable by private parties, may be spread 
 
 over a period not exceeding twenty years 131 
 
 occupiers may be required to pay, for which owners are 
 
 liable, to be deducted from rent ... ... ... 131 
 
 of works ordered by vestries and district boards may be 
 
 apportioned between two or more persons 131 
 
 if amount of, is disputed, may be ascertained and recovered 
 
 before justices if under .50, if over, by arbitration ... 133 
 
 mode of proceeding to recover 221 
 
 special provisions as to, respecting Ely Place and Mews ... 138 
 incurred by vestries named in sched. (B.) to original Act, 
 
 in execution of Acts, to be paid by district boards ... 177 
 of constructing sewers in new streets to be borne by owners, 
 
 and apportioned by district board or vestry, in one 
 
 sum, or by instalments 189
 
 xlii Index. 
 
 EXPENSES cowiwmed. PAGE 
 
 of constructing sewers where previously there were open 
 sewers, to be borne part by owners and part by board 
 or vestry ... ... ... ... ... ... ... 190 
 
 when estimated, exceed cost, difference to be refunded by 
 district board or vestry, and when less, to be paid to 
 board or vestry ... ... ... ... ... ... 191 
 
 part of, may be paid by district board or vestry out of 
 
 sewers' rates 191 
 
 appeal to metropolitan board against order of district board 
 
 or vestry against amount or apportionment of ... 191 
 contribution to, of main sewers extended to metropolitan 
 
 board 193 
 
 incurred by district boards and vestries for improvements 
 
 to be paid out of general rate ... ... ... ... 200 
 
 of paving new streets ... ... ... ... 206 
 
 of flagging footpaths, to be levied on occupiers 260 
 
 of carrying Building Act, 1855, into execution, how to be 
 
 borne 295 
 
 of district surveyor of making building conformable to Act 290 
 
 in respect of dangerous structures 296 
 
 rules as to, in respect of party structures ... ... ... 303 
 
 as to, to be borne jointly by building and adjoining 
 
 owners ... ... ... ... ... ... ... 303 
 
 as to, to be borne by building owner 304 
 
 accounts of, of works to be delivered to adjoining owner 
 
 within one month ... ... ... ... ... 304 
 
 where building owner has incurred, on requisition of ad- 
 joining owner, the latter to be liable for 305 
 
 penalty on delay of payment of, by adjoining owner ... 305 
 as to payment of, by owners ... ... ... ... ... 306 
 
 of Fire Brigade Act, not otherwise provided for 341 
 
 contribution by government towards, of fire brigade . . . 341 
 recovery of ... ... ... ... ... ... ... 343 
 
 of fire brigade, when employed beyond metropolis, or on 
 
 special services 344 
 
 of scheme as to common ... ... ... ... ... 351 
 
 of local authority and metropolitan board under Commons 
 
 Act 351 
 
 charges incurred by metropolitan board under Commons 
 Act, deemed to be, incurred under Metropolis Local 
 
 Management Act ... ... ... 359 
 
 with respect to open spaces, to be paid by metropolitan 
 
 board out of their funds... ... ... 362 
 
 of Water Act, 1871 393 
 
 of any inquiry under Gas Act, 1860, to be borne as secre- 
 tary of state may direct ... ... ... 409 
 
 of Gas Act, 1860 420 
 
 of executing Infant Life Protection Act 450 
 
 as to, incurred under Subways Act, 1868 ..." ... ... 495 
 
 as to, payable by promoters of tramway after restoration of 
 
 road ... .;. .,. 505 
 
 as to, of construction of tramway where local authority are 
 
 the promoters ... ... ... ... ... ... 502 
 
 recovery of, under Highways and Locomotive Act, 1878... 532 
 
 of executing Sale of Food and Drugs Act, 1875 594 
 
 quarter sessions boroughs to be exempt from, incurred in 
 
 county, under Sale of Food and Drugs Act, 1875 ... 599
 
 Index. xliii 
 
 EXPENSES continued. PAGE 
 
 provision for boroughs with separate police ... ... 599 
 
 as to defraying, of execution of Nuisances Removal Act, 
 
 1855 607 
 
 of works incurred in execution of Nuisances Removal Act, 
 1855, to be paid by person on whom order is made, 
 
 or owner or occupier 614 
 
 as to proceedings before justices to recover... ... ... 615 
 
 incurred by secretary of state on default of nuisance 
 
 authority 658 
 
 as to, of local authority under Artizans, &c., Dwellings 
 
 Act, 1868, Amendment Act, 1879 725 
 
 of Artizans, &c., Dwellings Improvement Act, 1875 ... 568 
 payment oi, of commissioners of sewers of city of London, 
 vestries and district boards, under Thames River Pre- 
 vention of Floods Act, 1879 741 
 
 Explosives, and see Factory, Gunpoivder. 
 
 Explosives Act, 1875 417 
 
 definition of explosive, under Act ... ... 435 
 
 orders in council and orders of secretary of state under 
 
 Act 434?i 
 
 application of Act to existing stores for gunpowder ... 446 
 part I. of Act relating to gunpowder applied to other 
 
 explosives ... ... ... ... ... ... 457 
 
 modification of part I. of Act as applied to explosives other 
 
 than gunpowder ... ... ... ... ... ... 457 
 
 prosecution of offences under Act 479 
 
 power to prohibit manufacture, importation, storage, and 
 
 carriage of specially dangerous ... ... ... ... 459 
 
 provision in Explosives Act, 1875, in favour of makers of 
 
 new, for experiment ... ... ... ... ... 460 
 
 notice to be given of accidents connected with ... ... 466 
 
 reconstruction of buildings destroyed by accident connected 
 
 with 467 
 
 provisions as to coroners' inquests on deaths from accidents 
 
 connected with 468 
 
 provisions as to inquiries into accidents connected 
 
 with 468 
 
 power of harbour authority and canal company as to car- 
 riage of ... ... ... ... ... ... ... 471 
 
 search for, when in place in contravention of Act, or 
 
 offence being committed with respect to ... .. 472 
 
 in transitu.. 
 
 inspectors may seize and detain, liable to forfeiture 
 inspection of wharf, carriage, boat, &c., with, in tra 
 supplemental provisions as to forfeiture of ... 
 exemption of, in government factories, &c., and under con 
 
 trol of government 
 
 exemption of magazines in river Mersey 
 
 extension of definition of, to other explosive substances 
 persons carrying on certain processes with respect to, to be 
 deemed to be manufacturers of . . . 
 
 473 
 474 
 478 
 
 481 
 
 482 
 483 
 
 483 
 
 definition and classification of, by order in council ... 484 
 
 External Wall 
 
 definition of, in Building Act, 1855 275 
 
 as to timber in 279 
 
 height and thickness of parapet of 280 
 
 height of, first schedule 314
 
 xliv Index. 
 
 Extra-Parochial Places and Property PAGE 
 
 rates for defraying expenses in ... ... ... ... 109 
 
 sums collected in, beyond amount of rate for main drainage, 
 
 to be placed to their credit ... ... ... ... 174 
 
 how sums assessed for main drainage rate are to be paid... 174 
 
 precept to be addressed to persons having authority in ... 174 
 to raise money by separate rate in like manner as a 
 
 sewers rate ... ... ... ... ... ... 175 
 
 on default by collectors, enactments with respect to vestries, 
 
 Scc., to be applicable 175 
 
 Bums assessed on, by metropolitan board for payment of 
 
 debts 177 
 
 recovery of, by action, or before justice 177 
 
 F. 
 
 Factory 
 
 application for license for new, for gunpowder under Ex- 
 plosives Act, 1875 436 
 
 application for assent of local authority to site of new ... 437 
 
 regulations as to, for gunpowder ... ... 439 
 
 general rules for gunpowder, and magazines 440 
 
 special rules for regulation of workmen in, or magazine... 442 
 
 alteration of terms of license for, and enlargement of ... 442 
 
 continuing certificate for existing, or magazine ... ... 443 
 
 precautions by occupier of, for gunpowder, against fire or 
 
 explosion ... ... ... ... ... ... ... 449 
 
 application of Part I. of Explosives Act to existing . . . 463 
 reconstruction of, destroyed by accident by explosion or 
 
 fire 467 
 
 penalty on and removal of trespassers in ... 475 
 
 arrest without warrant of persons committing dangerous 
 
 offences in any 476 
 
 exemption of occupier of, from penalty upon proof of 
 
 another being real offender ... 478 
 
 exemption of government from Explosives Act, 1875 ... 481 
 not kept in a cleanly state, &c., a nuisance under Sanitary 
 
 Act, 1866 643 
 
 Factory and Workshops Act, 1878 
 
 reference to 3ln 
 
 Fees 
 
 payable to district surveyors, under Metropolitan Building 
 
 Act, 1855 ... 291,319 
 
 metropolitan board may appoint special, for services not 
 
 provided for 291 
 
 when district surveyors entitled to ... ... ... ... 291 
 
 superintending architect of metropolitan board to audit 
 
 accounts of 292 
 
 paid to district surveyors to be deemed part of expenses 298 
 of district surveyor, under Metropolis Management and 
 
 Buildings Act Amendment 332 
 
 for sanction of local authority, under Slaughter Houses 
 
 Act 367 
 
 inspectors of meters to pay, to treasurer of county, &c., 
 
 under Gas Act, 1859 399 
 
 for testing and stamping meters ... ... 402 
 
 for licenses under Explosives Act, 1875 450
 
 Index. xlv 
 
 Fellmonger See Slaughter-homes. PAGE 
 
 Fences, &e. 
 
 vestries and district boards may place, to footways, &c. ... 62 
 
 vestries and district boards from time to time to repair ... 62 
 
 consent of proprietor of, required, previous to removal of 62 
 no, for preventing thoroughfare to be removed without 
 
 consent of proprietor ... ... ... ... ... 201 
 
 Fire, and see Fire Brigade Act. 
 
 regulations by metropolitan board with respect to new 
 theatres and music halls for protection from, under 
 
 Building (Amendment) Act, 1878 330 
 
 duty of metropolitan board in relation to ... ... ... 338 
 
 metropolitan board to send information of, to insurance 
 
 offices 345 
 
 Fire Brigade Act, 1865 337 
 
 establishment and duties of brigade ... ... ... 338 
 
 constitution of 338 
 
 as to powers of, in case of fire 339 
 
 contribution to expenses by insurance companies ... ... 340 
 
 returns by, and examination of books of ... 341 
 
 contributions by commissioners of Treasury to expenses 
 
 of 341 
 
 expenses of Act, not otherwise provided for 341 
 
 repealed, with exceptions, by Metropolitan Board of 
 
 Works Loans Act, 1861 341 
 
 subsequent Acts as to securities and expenditure for pur- 
 poses of Act ... ... ... ... ... ... 341n 
 
 metropolitan board may make bye-laws for regulation of 339 
 expenses of, when employed beyond metropolis, or on spe- 
 cial services 344 
 
 Fire Plugs 
 
 transfer of, to metropolitan board 345 
 
 include hydrants 389 
 
 operation of 32nd section of Fire Brigade Act as to ... 389 
 
 Fire Escapes 
 
 purchase of 339 
 
 Fireworks 
 
 factory, provisions as to, under Explosives Act, 1875 ... 462 
 
 license to occupier of small firework factory ... ... 462 
 
 regulation of ... ... ... ... ... 462 
 
 penalty for throwing, in any public place under Explosives 
 
 Act, 1875 476 
 
 Fittings 
 
 water companies may issue notice to owners and occupiers 
 
 to provide prescribed, under Water Act, 1871 ... 387 
 
 in case of default by owner or occupier, company may 
 
 provide or repair, at owner's or occupier's expense . . . 387 
 
 officers of water companies may enter premises for inspec- 
 tion and repair of 388 
 
 settlement of disputes as to sufficiency, &c., of 388 
 
 absence of prescribed water fittings, to be deemed a nuisance 388
 
 xlvi Index, 
 
 Flood Works PAGE 
 definition of, under Thames Eiver Prevention of Floods 
 
 Act, 1879 731 
 
 not to be executed except in accordance with plans ... 731 
 
 bodies and persons liable to execution of ... ... ... 732 
 
 powers of metropolitan board respecting 732 
 
 powers for execution of ... ... ... ... ... 734 
 
 power to construct, on shores and bed of Thames ... 735 
 
 provision as to certain dock companies ... ... ... 735 
 
 on shore of river Lea to be approved by the Lea conser- 
 vancy board 737 
 
 so much of sections 69 and 70 of 18 & 19 Viet. c. 120, as 
 
 relate to, to cease to be in force ... ... ... 745 
 
 Floods 
 
 prevention of, Thames River Prevention of Floods Act, 
 
 1879 730 
 
 Floors 
 
 rules as to, and stairs in certain buildings ... ... ... 283 
 
 Flues 
 
 Metropolitan Building Act, 1855 281 
 
 Food 
 
 prohibition of mixing of injurious ingredients with articles, 
 and of selling the same xinder Food and Drugs Act, 
 
 1875 586 
 
 exemption in case of absence of knowledge ... ... 586 
 
 prohibition of the sale of articles of, and drugs not of the 
 
 nature, substance, and quality demanded ... ... 586 
 
 provision for sale of compounded articles of ... ... 587 
 
 prohibition of abstraction of any part of an article of, 
 
 before sale, and selling without notice... .,. ... 587 
 
 proceeding for selling adulterated, under Act of 1879, what 
 
 not a defence ... ... ... ... 598 
 
 forgery, &c., of certificate of warranty ... ... ... 594 
 
 procedure with respect to ... ... ... ... ... 599 
 
 penalty under Nuisances Removal Act, 1855, for sale of 
 
 unwholesome 617 
 
 as to seizure, &c., of unwholesome, under Nuisances Re- 
 moval Act, 1863 636 
 
 Food and Drugs Act, 1875 585 
 
 Food and Drugs Amendment Act, 1879 598 
 
 Foot and Mouth Disease 
 
 Contagious Diseases (Animals) Act, 1878 ... ; '^vJ u ' K ... 214n 
 
 Footpath 
 
 vestries and district boards may place fences to 62 
 
 to be cleansed by vestries or district boards when neces- 
 sary 66 
 
 occupier not relieved from liability to cleanse 66 
 
 where obstructed, during repair of a house, hoarding to be 
 
 erected 68 
 
 of roads to be under management of vestries or district 
 
 boards of parishes, &c., in which they may be situate 142
 
 Index. xlvii 
 
 FOOTPATH continued. PAGE 
 
 and carriageways may be stopped by metropolitan board in 
 
 execution of works ... ... ... ... ... 178 
 
 district boards and vestries may flag, and charge occupier 
 
 with cost ." 206 
 
 metropolitan board may place roads and, in different 
 
 parishes or districts under management of one vestry 
 
 or district board 210 
 
 as to cleansing, &c., of, under General Paving Act, ... 687 
 made for foot traffic, not to be used for carriage traffic 
 
 unless widened ... ... ... ... ... ... 328 
 
 Form 
 
 of notice of election of vestrymen and auditors 9 
 
 of proceedings at elections ... ... ... ... ... 10 
 
 of mortgage of rates, sched. (E.) ... ... ... ... 159 
 
 of transfer of mortgages, sehed. (F.) 160 
 
 of precept and assessment, sched. (C.) 173 
 
 of assessment, sched. (C.) 232 
 
 of precept sched. (C.) 232 
 
 of precept issued by board for payment of sums assessed 
 
 upon metropolis by board now in use 252n 
 
 of transfer of consolidated stock, 2nd sched. ... ... 266 
 
 metropolitan board to issue, of notices ... ... ... 293 
 
 of appeal from decision of justices under Building Act to 
 
 superior court ... ... ... ... ... ... 309 
 
 of power of attorney under Commons Act, 1866 ... ... 354 
 
 of assignment of charge, &c., under Artizans and Labourers 
 
 Dwellings Act, 1868 556 
 
 of notices, summonses, &c., under Nuisances Removal 
 
 Act, 1855 623 
 
 Fund (Improvement) 
 
 definition, Metropolitan Board of Worka (Loans) Act, 1869 246 
 
 Foundation 
 
 of buildings, metropolitan board empowered to make bye- 
 laws as to... ... 331 
 
 interpretation of term 331 
 
 G. 
 
 Garden Ground 
 
 to be rated to sewers' rate at one-fourth net annual value 103 
 
 Gardens 
 
 in squares, &c., special provisions as to, in Metropolis 
 
 Management Act, 1855 139 
 
 bye-laws for management of, in squares, &c., under Gar- 
 dens, &c., Protection Act, 1863 359 
 
 in certain squares, &c., set apart for use of inhabitants and 
 neglected by trustees, &c., metropolitan board or other 
 corporate authority to take charge of 357 
 
 or vested in a committee of rated inhabitants 358 
 
 penalty for injuring ... 359 
 
 Leicester Square vested in metropolitan board under Leices- 
 ter Square Act 35671 
 
 Gardens in Towns Protection Act, 1863 357 
 
 3 F
 
 xlviii . Indite. 
 
 Gas PAGE 
 
 Sale of Gas Act, 1859 396 
 
 Metropolis Gas Act, 1860 405 
 
 provisions of Sale of Gas Act, 1859... ''^''v..'' ; 396 
 
 consumers of, may use any stamped meter '' vji' 1 ' 1 - ... 401 
 
 provisions of Metropolis Gas Act, 1860 ... ' ;i ' 7 .^> J ' ... 405 
 
 companies and persons to whom Act applies ... ... 406 
 
 incorporation of Gas Works Clauses Act, with Metropolis 
 
 Gas Act, 1860 ... J '^.^ & './* of <;. 406 
 
 interpretation of terms ... ^^.Vl'F^^i 1 /^- 1 ^^/? 1 ^ ... 406 
 
 limits of Act "'^iVi 1 ' I " t .<.'i "I ... 407 
 
 of districts for supply by companies ... ... ... 408 
 
 sanctioning assignment of districts to, to be subject to 
 
 triennial revision by secretary of state... ... ... 408 
 
 on complaint as to quality or quantity, secretary of state 
 
 may appoint an inspector to inquire and report . . . 408 
 gas companies to supply, and upon notice, to remove 
 
 ground of complaint as to quality, &c., of ... ... 409 
 
 security to company ... ... ... ... ... ... 410 
 
 settlement by magistrate in case of difference 410 
 
 to be consumed by meter if required by gas company ... 411 
 
 gas companies may contract for the supply of ... ... 411 
 
 contracts of companies to be valid, though not under seal 411 
 
 restrictions on contracts with companies ... ... ... 411 
 
 companies to light streets when required by local authority 411 
 penalty for failing to provide pipes or supply of gas or 
 
 meters ... ... ... ... ... ... ... 411 
 
 service pipes to be fully charged with ' ^.. ... ... 412 
 
 illuminating power and purity of ... ... ... ... 412 
 
 penalty for deficient power or purity of 412 
 
 appointment of an examiner of ... ... 413 
 
 consumer of, may make complaint to magistrate as to 
 
 supply of 413 
 
 examination of, and report thereon ... ... ... ... 413 
 
 companies to obey order of justice on complaint as to 
 
 supply 414 
 
 differences between companies and local authority to be 
 
 settled by arbitration ... ... ... 414 
 
 limit of charge by companies for, and meters ... ... 414 
 
 limit of charge for, supplied to public lamps ... ... 414 
 
 appeal by consumers to home secretary on rise of price of 415 
 
 proceedings against company by attorney -general 416 
 
 companies to cause maps of their districts to be made ... 416 
 
 as to laying pipes for conveying ... ... ... ... 417 
 
 companies not to interfere, &c., with property of water 
 
 companies ... ... ... ... ... ... 417 
 
 as to preventing contamination of water by ... ... 419 
 
 Acts amending Metropolis Gas Act, 1860 ... J . r ,;;/- ^ ... 405% 
 
 appointment of, examiner by local authority ... ... 413 
 
 examination of gas and report thereon by examiner ... 413 
 appointment of examiner by metropolitan board under 
 
 special Acts, testing, &c. .'.'" "'y.*" L ... 405n 
 
 Gas and Water Companies 
 
 mains and pipes of, may be moved in paving streets by 
 
 vestries and district boards ... ... 66 
 
 to break up and restore pavements under superintendence 
 
 of vestry or district board 64
 
 Index. xlix 
 
 GAS AND WATER COMPANIES continued. PAGE 
 
 to reinstate same without delay 64 
 
 to cause pavement to be fenced in meantime ... ... 64 
 
 to place lights at night 65 
 
 water mains not to be laid in December, January, or Feb- 
 ruary, without consent 64 
 
 penalty on, offending ... ... ... ... ... ... 64 
 
 opening ground and discovering pipe to belong to another 
 company, to give notice to such other company, and 
 
 be reimbursed expenses 65 
 
 penalty on, for neglecting to reinstate pavements, &c., not 
 
 fencing, and lighting same at night ... ... ... 65 
 
 to repair pavements inj ured . . . ... ... ... ... 65 
 
 penalty for neglect 65 
 
 where vestry or district board reinstate pavement, expenses 
 
 may be charged to ... ... . . . ... ... 66 
 
 to reinstate pavement broken up by them, or pay expenses, 
 
 &c 208 
 
 provisions as to pipes, &c., Subways Act, 1868 493 
 
 provisions in Tramways Act, 1870, as to ... ... ... 506 
 
 Gasworks Clauses Act, 1847, 
 
 incorporated with Gas Act, 1860, except as provided ... 406 
 
 General Board of Health 
 
 to issue regulations under Diseases Prevention Act, 1855... 601 
 power of, now vested in privy council ... ... ... 601 
 
 General Improvement Acts 
 
 list of, schedule, Metropolitan Board of Works (Loans) 
 
 Act, 1869 'vw\<7ijw<3jcri 263 
 
 General Rate 
 
 overseers to make ... ... ... ... ... ... 100 
 
 purposes to which applicable ... ... ... ... 100 
 
 to be assessed on net annual value ascertained by rate for 
 
 relief of the poor 101 
 
 valuation list under Valuation (Metropolis) Act, 1869, 
 
 conclusive evidence of gross and rateable value ... lOOn 
 expenses of providing and maintaining drinking fountains 
 
 to be paid out of ... 199 
 
 expenses incurred by boards and vestries in improvements 
 
 to be paid out of 200 
 
 under Ariizans, &c., Dwellings Act, 1868 554 
 
 tinder Sale of Food and Drugs Act, 1875 ... 594 
 
 not to be applied to paving new street in first instance ... 60% 
 
 General Rules 
 
 metropolitan board may make, under Metropolitan Build- 
 ing Act, 1855 ..". 293 
 
 Grant 
 
 meaning of word in conveyances by boards and vestries as 
 
 in Lands Clauses Consolidation Act, 1845 95 
 
 Grating See Gullyhole. 
 Gratuity 
 
 to officers ... ... ... ... ... ... ... 27n. 
 
 power to grant, in case of retirement before entitled to 
 
 superannuation allowance ... ... ... ... 271 
 
 notice of grant of, to be given 271 
 
 3 F 2
 
 1 Index. 
 
 Guardians PAGE 
 
 where hitherto elected out of vestry to continue 137 
 
 office of, not to be determined by Act ... ... ... 137 
 
 loans to, by metropolitan board ... ... ... ... 200?!. 
 
 Ground (Arable, Meadow, Pasture, &e.) 
 See Assessment, Rate, Garden, 
 
 Gullyhole 
 
 to be trapped (Metropolis Management Act, 1855) ... 39 
 not to be trapped, without consent of metropolitan board 
 of works (Metropolis Management (Amendment) Act, 
 1862) ' 180 
 
 Gunpowder 
 
 general law as to manufacture and keeping of, under 
 
 Explosives Act 1875 435 
 
 to be manufactured only at factories lawfully existing or 
 
 licensed under Explosives Act, 1875 ... ... ... 435 
 
 except for private use, to be kept only in existing or new 
 
 magazine or store, or in registered premises ... ... 436 
 
 licensing of factories and magazines for ... ... ... 436 
 
 regulations as to factories and magazines for 439 
 
 consumers' stores for ... ... ... ... ... ... 444 
 
 licensing and regulation of same ... ... ... ... 444 
 
 order in council prescribing situation and construction of 
 
 stores for ... ... ... ... ... ... ... 445 
 
 general rules for stores for ... ... ... ... ... 445 
 
 non-transferability, renewal, and forms of licenses for stores 
 
 for 446 
 
 registration with local authority, of premises for keeping 
 
 of " 447 
 
 retail dealing with ... ... ... ... ... ... 447 
 
 general rules for registered premises for keeping of ... 448 
 
 explanation as to quantities of, allowed in buildings . . . 449 
 
 restriction on sale of, in highways, &c. ... 451 
 
 penalty for sale of, to children ... ... ... ... 451 
 
 exposed for sale, or sold, to be in closed packages, labelled 451 
 
 general rules as to packing of, for conveyance ... ... 451 
 
 bye-laws by harbour authority as to conveyance, loading, 
 
 &c., of 452 
 
 bye-laws by companies as to conveyance, &c., of ... ... 454 
 
 bye-laws as to wharves where, is loaded or unloaded ... 455 
 bye-laws as to conveyance, by road or otherwise, or loading 
 
 of 455 
 
 construction of enactments referring to powers of searching 
 
 for 477 
 
 H. 
 
 Habitation 
 
 house unfit for See House. 
 
 Harbour Authority 
 
 bye-laws by, as to conveyance, loading, &c., of gunpowder, 
 
 under Explosives Act, 1875 ... 452 
 
 undertaking of, of carriage of explosives ... 471 
 
 definition of expression 485
 
 tndex. H 
 
 Health See Medical Officer of Health. PAGE 
 
 premises in such a state as to be injurious to, Nuisances 
 
 KemovalAct 600 
 
 extension of definition ... ... ... 643 
 
 mixing ingredients injurious to, Sale of Food and Drugs 
 
 Act ... .. 586 
 
 Highway Rates 
 
 expenses defrayed out of, under highway laws, to be paid 
 
 from rates, under Metropolis Management Act, 1855 52 
 as to rates already made ... 55 
 
 Highway 
 
 within definition of " street " except carriageway of turnpike 
 
 road 188 
 
 vestry and district board to execute office of surveyor of 
 
 highways... ... ... ... ... ... ... 51 
 
 to have powers, and be subject to liabilities of surveyor of 
 
 highways ... ... ... ... ... 51 
 
 provision as to expenses ... ... ... 52 
 
 as to rates already made in parish in sched. A 55 
 
 compensation to paid surveyor ... ... ... ... 130 
 
 reference to Acts relating to highways which apply to the 
 
 metropolis ... ... ... ... ... ... 5ln 
 
 reference to cases relating to rights and liabilities of sur- 
 veyors of highways ... ... ... ... ... 5 In 
 
 meaning of word " vested," in 96th section of Metropolis 
 
 Management Act, 1855, and analogous enactments ... 54?i 
 
 meaning of " street," extended, so as to include carriage- 
 way of turnpike road, &c. (Thames River (Preven- 
 tion of Floods) Act 731 
 
 by Tramways Act, "road" is interpreted to mean any 
 
 carriage-way, viz. a highway... 496 
 
 as to damage to and encroachments on ... 55n, 
 
 filling up ditches at sides of 47 
 
 vestry or district board may give notice of intention to 
 
 repair street, not .being ... ... ... ... ... 02 
 
 as to erection of buildings at less than prescribed distance 
 
 from centre of roads, &c., being ... ... ... 325 
 
 restriction as to sale of gunpowder in 451 
 
 no proceedings for annexation of any parish to be taken 
 under 249th section of Metropolis Management Act, 
 1855, until metropolitan board have given notice to 
 churchwardens and surveyors of highways ... ... 187 
 
 property and income subject to trusts for repair of, to vest 
 
 in district boards and vestries ... ... ... ... 200 
 
 surveyor of, to cleanse ditches, &c., paying owners, &c., for 
 
 damages, under Nuisances Removal Act, 1855 ... 615 
 
 Highways and Locomotive (Amend- 
 ment) Act, 1878 531 
 
 construction of locomotive to be used on highway, and 
 repeal of sections 3 and 5 of Act of 1865 as to 
 England 530,531 
 
 bye-laws as to hours during which locomotives on, to pass 
 
 over highways ... ... ... 531 
 
 steam locomotives to be constructed so as to consume their 
 
 own smoke ... ... 531 
 
 duration of Act 532
 
 Hi Index. 
 
 Hoarding PAGE 
 
 to be erected during the repairing of houses ... ... 68 
 
 not to be erected without a license ... ... ... ... 68 
 
 to be lighted at night, penalty ............ 68 
 
 if not satisfactorily erected and kept in good repair, may be 
 
 removed and sold ... ... ... ... ... ... 69 
 
 not to be erected without leave, under General Paving 
 
 Act ..................... 699 
 
 Hogstyes 
 
 provision as to General Paving Act (Metropolis) ...... 693 
 
 Hornsey 
 
 drainage of, ... ... ... ... '.''..",'... ... 74u 
 
 Horsleydown 
 
 united to Rotherhithe, St. Olave, and Southwark, to elect 
 
 a member to metropolitan board ... ... ... 21 
 
 Hospital 
 
 power of nuisance authority to provide ... ... ... 650 
 
 order of justice on medical certificate for removal of person 
 
 suffering from contagious, &c. disease to ... ... 646 
 
 when deemed to be within district for purposes of Sanitary 
 
 Act, 1866 ..................... 661 
 
 House See Building, Drain. 
 
 meaning of ...... ............... 39?i 
 
 before commencing the building of, seven days' notice to 
 
 be given to vestry or district board ......... 41 
 
 foundation of, to be laid at a level to permit drainage ... 42 
 pro visions for drainage of ... ... ... ... ... 43 
 
 regulations as to letting as dwellings underground rooms in 58 
 district surveyor appointed under Metropolitan Building 
 
 Act, may enter and inspect underground rooms in ... 57 
 owners of, to pay expenses of paving new streets ... ... 59 
 
 owners of land liable to contribute (Metropolis Manage- 
 
 ment (Amendment) Act, 1862 ..'. ...... 59,206 
 
 projections in front of, made after passing of Act to be 
 
 removed ..................... 67 
 
 existing projections may be removed on payment of 
 
 compensation ... ... ... ... ... ... 68 
 
 hoarding to be erected during repair of ......... 68 
 
 as to naming of streets and numbering of houses ... ... 83 
 
 repealed, with altered provisions by Metropolis Manage- 
 
 ment Amendment Act, 1862, s. 87 ......... 87 
 
 in apportioning cost of constructing sewers, land to be 
 
 charged in less proportion than ......... 191 
 
 penalty on persons beginning to lay foundation of, without 
 
 notice ... ... ... ... ... ... ... 212 
 
 as to erection of, at less than prescribed distance from centre 
 
 of roads, passages, or ways, being highways Metro- 
 
 polis Management and Building Acts (Amendment) 
 
 Act, 1878 ..................... 325 
 
 erection of, in roads not highways ... ... ... ... 326 
 
 open space near dwelling, under Building Act, 1855 ... 286 
 rules for walls of dwelling ............... 315 
 
 meaning of " site " in relation to ... ......... 331 
 
 foundations of, bye-law as to ... ... ... ... 331
 
 .Index. liu 
 
 HOUSE continued. PAGE 
 
 provisions as to, "where contravening bye-law 332 
 
 within definition of " premises " Artizans, &c., Dwellings 
 
 Act, 1868 545 
 
 assessment of, using sewer laid down to ahate nuisance 
 
 Nuisances Removal Act, 1855 616 
 
 unfit for habitation, Nuisances Removal Act, 1855 ... 612 
 let out in lodgings, regulations by nuisance authority 
 
 under Sanitary Act, 1866 649 
 
 house to house visitation, under Diseases Prevention Act, 
 
 1855 601 
 
 as to drainage of, under Sanitary Act, 1866 640 
 
 overcrowded so as to be dangerous to health of inmates, a 
 
 nuisance within Nuisances Removal Acts ... ... 643 
 
 dangerous to passers-by, an indictable nuisance ... ... 295w 
 
 of public lesort, &c., Metropolis Management and Building 
 
 Acts Amendment ... ... 329 
 
 Householders 
 
 number of, to determine number of vestrymen ... ... 2 
 
 meaning of expression in this and other Acts ... ... 2n 
 
 division of parishes into wards where more than 2000 at 
 
 passing of Act ... ... ... ... ... ... 3 
 
 parishes, upon any account of population taken by autho- 
 rity of parliament found to contain more than 2000 
 
 rated, may be divided into wards ... 186 
 
 wards not to contain less than 500 rated ... ... ... 186 
 
 Hydrants See Fire Plugs. 
 
 Improvement 
 
 powers for, vested in commissioners, &c., transferred to 
 
 vestries and district boards 47 
 
 expenses of, under existing powers, to be deemed expenses 
 
 incurred in execution of Act ... ... ..- ... 49 
 
 power to metropolitan board to improve streets, &c., or 
 to contribute and join with others in any such im- 
 provement ... ... ... ... 84 
 
 extended by 19 & 20 Viet. c. 112, s. 10, to applications to 
 
 parliament for parks, &c. 165 
 
 reference to Acts obtained by the board as to streets and 
 
 parks 166?t 
 
 reference to Acts obtained by the board for the manage- 
 ment of commons ... ... ... 347?i 
 
 reference to Thames Embankment Act and improvements 
 
 connected therewith 242>i 
 
 vestries and district boards impowered to effect, with con- 
 sent of metropolitan board ... 200 
 
 plans and estimates of, for works exceeding ^50,000, to be 
 submitted to commissioners of works (repealed by 
 21 & 22 Viet. c. 104, s. 25) 85 
 
 cost of, where exceeding jl()0,000, to be sanctioned by par- 
 liament (repealed by 21 & 22 Viet. c. 104, s. 25) ... 86 
 
 provision for discharging existing liabilities under local 
 
 Acts relating to 112 
 
 Acts obtained by board under the foregoing powers ... 166 
 
 special provisions respecting, in Ely Place and Mews ... 138
 
 liv 
 
 IMPROVEMENT continued. PAUE 
 
 powers of improving and regulating streets under General 
 
 Paving Act (Metropolis) ... ... ... ... 201 
 
 to which coal and wine duties applicable 239?i 
 
 Act, definition of, in Nuisances Removal Act, 1855 ... 605 
 Improvement Acts (General), enumeration of, first sched. 
 
 toMetropolitan Board of Works (Loans) Act, 1869 ... 265 
 of commons, under Metropolitan Commons Act, 1866 ... 345 
 
 Improvement Fund 
 
 Thames Embankment Metropolis Improvement Fund 
 
 meaning of, in Thames Embankment Act, 1862 ... 24271 
 
 consolidation of ... ... ... ... 242 
 
 coal and wine duties to form an accumulating, till appro- 
 priated by parliament under Coal and Wine Duties 
 
 Act, 1861 242 
 
 charges on, by subsequent Acts 242?i 
 
 definition of _ 246 
 
 event in which, to be transferred to metropolitan board . . . 256 
 formation of, for purposes of Artizans and Labourers 
 
 Dwellings Improvement Act, 1875 568 
 
 Improvement Rate 
 
 for expenses incurred by metropolitan commissioners of 
 
 sewers, may be levied by metropolitan boai'd ... 114 
 
 committee of appeal may make, for expense of improve- 
 ments executed by metropolitan commissioners of 
 sewers, and may summon defaulter and issue distress 180 
 
 Improvement Scheme 
 
 for unhealthy areas by local authority, under Artizans, &c., 
 
 Dwellings Act, 1875 559 
 
 requisites of, by local authority ... ... 560 
 
 by provisional order to be confirmed by parliament ... 561 
 to be carried into execution by local authority ... ... 563 
 
 on failure by local authority, confirming authority to com- 
 plete ' 564 
 
 variation of 5th section of Act of 1875 as to accommodation 
 of the working-classes, Artizans, &c., Dwellings Act, 
 1879 583 
 
 Inelosure See Garden, Hoarding. 
 
 nothing by way of, to be erected without license ... ... 68 
 
 if not satisfactorily erected or kept in. good repair, may be 
 
 removed and sold ... ... ... 69 
 
 Inelosure Commissioners 
 
 not to entertain any application for inclosure of a metro- 
 politan common under Commons Act, 1866 ... .. 348 
 
 memorial for scheme as to commons to 
 inquiry into memorial by 
 
 preparation by, of draft of scheme ... 
 
 to cause draft scheme to be printed and published 
 
 may refer scheme to assistant commissioner 
 
 to settle and approve of scheme if, think fit 
 
 appeal against determination of, by persons affected 
 
 annual report of, to be laid before both houses of parliament 351 
 
 amendment of schemes by 352 
 
 provision for conveyance of commons to ... 353 
 
 348 
 349 
 349 
 349 
 349 
 349 
 350
 
 Index. Iv 
 
 Income PAGE 
 
 of property vested in surveyors of highways, to vest in 
 
 district boards and vestries 200 
 
 Incorporation 
 
 of metropolitan board, district boards, and vestries of 
 
 parishes in sched. (A.) ... ... ... ... ... 17 
 
 of authorities under Sanitary Act, 1866 (if not already 
 
 incorporated) ... ... ... ... ... ... 652 
 
 of joint committee of corporation and metropolitan board 
 
 under Kew and other Bridges Act ... ... ... 239 
 
 of Acts, see Act. 
 
 Infant 
 
 persons receiving two or more, for purpose of nursing, to 
 
 register house under Infant Life Protection Act, 1872 539 
 
 inquest to be held on death of ... ... ... ... 540 
 
 a register to be kept ... ... ... ... ... ... 540 
 
 Infant Life Protection Act, 1872 539 
 
 Infectious Disorder See Nuisances Removal and 
 Sanitary Acts. 
 
 Inflammable Substance, and see Petroleum. 
 powers given by Petroleum Act, 1871, with respect to, to 
 
 be in addition to previous powers ... ... ... 430 
 
 Informer 
 
 one-half of penalty itnder Act to go to, if not otherwise 
 
 provided for ... ... ... ... 137 
 
 where vestry or district board are liable to any penalty, the 
 whole shall go to (repealed by Metropolis Manage- 
 ment Amendment Act, 1862, s. 107) 137 
 
 substituted provision as to application of penalty 221 
 
 as to operation of Metropolitan Police Act on application 
 
 of penalty ... ... ... ... ... ... 22ln 
 
 Inhabitants 
 
 requisition of, Sanitary Act, 1866 ... 643 
 
 Inner and Middle Temples, &e. 
 
 rating of, N to sewers rate, to what extent ... ... ... 110 
 
 to what extent liable to metropolitan consolidated rate ... 254 
 41 & 42 Viet. c. 32, not to apply to 335 
 
 Inquiry 
 
 provisions as to, into accidents connected with explosives, 
 
 under Explosives Act, 1875 468 
 
 by inclosure commissioners ... ... 348 
 
 expenses thereof ... ... ... ... 351 
 
 by board of trade (now local government board), on com- 
 plaint as to supply of water ... 373 
 
 as to quality of water, under Water Act, 1871 388 
 
 by inspector, as to supply of gas ... 408 
 
 by board of trade, under Tramways Act ... 497 
 
 proceedings on local, as to unhealthy area, under Artizans, 
 
 &c. Dwellings Act, 1875 567 
 
 notice of, to be publicly given ... 567 
 
 power to administer oath at 567
 
 Ivi In deal. 
 
 Insolvent See Bankrupt. 
 Inspection 
 
 minute books, &c. , to be open to ... ... 26 
 
 of drains, water-closets, &c., may be ordered by vestries 
 
 and district boards ... ... ... ... ... 44 
 
 where no default found on, payment of expenses to be paid 
 
 by vestry or district board 45 
 
 of county rate and basis, by metropolitan board ... ... 108 
 
 of assessment on places in sched. (C), to be allowed ... 110 
 
 penalty for refusing 110 
 
 of reports of vestries and district boards to be allowed ... 123 
 
 of premises, for purposes of flood works ... 736 
 
 Inspector 
 
 appointed by privy council, empowered to enter slaughter- 
 houses and knackers' yards for detection of disease, 
 
 under Slaughter-houses Act, 1874 368 
 
 to give notice to company of his intention to visit new 
 
 sources of water supply, under Water Act, 1852 ... 372 
 
 appointment of, to report upon new sources of water supply 372 
 appointment of, to inquire and report, where complaint is 
 
 made as to quality and quantity of water ... ... 373 
 
 penalty for obstructing ... 373 
 
 powers of board of trade, under Metropolitan Water Acts, 
 1852 and 1871, are to be exerciseable by Local 
 
 Government Board (Public Health Act, 1872) ... 372/t 
 
 appointment of, under Explosives Act, 1875 ... ... 464 
 
 disqualification of person as ., ,.., -i^-, .;' ^64 
 
 powers of .,,?;;.. 464 
 
 notice by, to remedy dangerous practices, &c. ... ... 465 
 
 annual report by ... ... ... ... ... ... 465 
 
 inspection by railway, and of board of trade, under Explo- 
 sives Act, 1875 465 
 
 copy of license and special rules certified by, to be 
 
 evidence ... ... ... ... noQ O 466 
 
 keeping and carriage of samples by ... ij",,.' i c- -166 
 
 salary of 466 
 
 may search for explosives ... ... ... 472 
 
 may seize and detain explosives liable to forfeiture ... 473 
 may inspect wharf, carriage, boat, &c., with explosives in 
 
 transitu ... ... ... ... ... 474 
 
 payment for samples of explosives by 475 
 
 Inspectors of Gas 
 
 secretary of state may appoint ... ... ... ... 409 
 
 under Acts relating to certain companies, board of trade 
 
 substituted for secretary of state ... ... ... 408)4 
 
 power of, so appointed ... ... ... 409 
 
 penalty on obstructing 409 
 
 Inspectors of Meters 
 
 appointment of, under Gas Act, 1859 ... ... ... 397 
 
 remuneration of 398 
 
 not to be makers or sellers of meters, or to be in service of 
 
 gas companies ... ... 398 
 
 to enter into bond or recognizance for due performance of 
 
 duties 399
 
 Index. Ivii 
 
 INSPECTORS OP METERS continued. PAGE 
 
 to attend at towns where gas is consumed, when required 
 
 by justices 399 
 
 to pay fees to treasurer of county, &c. ... ... ... 399 
 
 penalty on, for misconduct 399 
 
 penalty for obstructing ... ... ... ... ... 401 
 
 may enter houses, &c., to inspect gas measures and meters 402 
 in case of dispute, decision of, to be referred to two, of 
 
 adjoining districts 402 
 
 pei-sons aggrieved by decision, may appeal to quarter 
 
 sessions ... ... ... ... ... ... ... 403 
 
 Gas Act, 1859, and existing powers as to, not to be cumu- 
 lative 403 
 
 Inspectors of Nuisances 
 
 may inspect drains, waterclosets, &c., after giving twenty- 
 four hours' notice 44 
 
 vestries and district boards may appoint 72 
 
 duties of 72 
 
 Inspectors of Weights and Measures 
 
 powers of appointment of, by local Act vested in vestry, 
 
 &c., may be put an end to ... ... ... ... 220 
 
 repealed, by Weights and Measures Act, which contains 
 
 new provisions 220 
 
 Inspectors of Votes 
 
 election of, at election of vestrymen and auditors 10 
 
 duties of ... ... ... ... ... ... ... 11 
 
 to decide by lot when there is an equality of votes ... 12 
 
 whether decision conclusive or not ... ... ... ... 5n 
 
 to publish list of vestrymen and auditors chosen 13 
 
 penalty on, for making incorrect return ... 13 
 
 may appoint an umpire (Metropolis Management Amend- 
 ment Act, 1862) 183 
 
 Insurance Company 
 
 definition of under Fire Brigade Act, 1865 ... ... 337 
 
 contribution by, to metropolitan board ... ... ... 340 
 
 contributions due from, deemed specialty debts due to board 340 
 to make a return to metropolitan board, of gross amount 
 
 insured by it, in respect of property in the metropolis 340 
 
 penalty on, not making return ... ... ... ... 341 
 
 examination of books of, by metropolitan board 341 
 
 may establish a salvage force ... ... ... ... 344 
 
 metropolitan board to send information of fires to ... 345 
 
 Interest See Mortgage. 
 
 to cease on expiration of notice to pay off mortgage debt... 117 
 I o be paid half-yearly 117 
 
 Interpretation See Terms. 
 Iron Building 
 
 or other building to which rules of Metropolitan Building 
 
 Act inapplicable ... ... ... ... ... ... 293 
 
 as to, constructed before passing of Building Act, 1855 ... 312 
 
 Irregularity See District Surveyor.
 
 Iviii Index. 
 
 J. 
 
 Joint Occupation PAGE 
 
 as to, for qualification for voting for boards and vestries ... 6 
 
 Joint Stock Company 
 
 persons shareholders in, may be members of vestries or dis- 
 trict boards, but not to vote when the company is 
 interested 24 
 
 proviso as to officers of boards and vestries... ... ... 28 
 
 Justice See Penalty. 
 
 Proceeding in case of officers failing to render account of 
 
 moneys 29 
 
 may make order of admission to inspect underground 
 
 rooms ... ... ... ... ... ... ... 59 
 
 to settle disputes as to payment of scavengers for removing 
 
 refuse of trade 71 
 
 and also as to what is refuse ... 71 
 
 may order distress of overseers' goods, if they neglect to 
 
 pay over rates ordered to be levied 105 
 
 to hear and determine appeals against rate made by 
 
 assessor ... ... ... ... ... ... ... Ill 
 
 may appoint receiver of rates for payment of mortgage 
 
 ' money and rates 118 
 
 determination by, of questions concerning damages, costs, 
 
 or expenses ... ... ... ... 135 
 
 extended to damages, &c., not otherwise provided for ... 221 
 compensation, damages, and expenses, if disputed, and 
 
 under ,50, to be ascertained by ... ... ... 133 
 
 penalties to be recovered before, as provided by 11 & 12 
 
 Viet. c. 43 135 
 
 liability for damage where party has incurred penalty, 
 
 may be enforced before ... ... ... ... ... 136 
 
 to hear and determine complaints against offenders whose 
 
 name and residence unknown ... ... .... ... 136 
 
 appeal against decision of, to quarter sessions ... ... 136 
 
 in any proceedings for recovery of rates before, one sum- 
 mons only to issue ... ... ... ... ... 177 
 
 signature of, to summons may be in writing or by stamp 177 
 recovery of money assessed on extra-parochial places for 
 
 debts, before ... ... ... ... ... ,.. 177 
 
 recovery of expenses of sewers in new streets before ... 190 
 contribution to expenses of sewers may be recovered 
 
 before 193 
 
 expenses of works of branching drains incurred by trustees, 
 
 &c., may be recovered before ... ... ... ... 195 
 
 may hear and determine complaint where building erected 
 
 beyond general line Metropolis Management (Amend- 
 
 'l' 11 ment) Act, 1862 203 
 
 if order disobeyed, building may be demolished, and ex- 
 penses recovered 205 
 
 recovery of costs of paving new street before 206 
 
 recovery of expenses of draining courts, &c., on default 
 
 before 208 
 
 grant of licenses for cow-houses and slaughter-houses by 
 
 justices in special sessions ... ... 215 
 
 penalties and forfeitures recoverable before, as provided by 
 
 11 & 12 Viet. c. 43 220
 
 Index. lix 
 
 JUSTICE continued. PAGE 
 
 on non-compliance by builder, with notice by district sur- 
 veyor, may make order to comply with requisition, 
 under Building Act, 1865 ..." 290 
 
 may cause inmates to be removed from structure certified 
 
 to be dangerous 298 
 
 appeal from determination of, to superior court of common 
 
 law 309 
 
 hearing on complaint as to supply of gas, under Gas Act, 
 
 1860 413 
 
 order by ... ... ... ... ... 413 
 
 jurisdiction of, for purposes of Explosives Act, 1875 ... 417 
 
 power to, on request of party to have article of food or 
 drugs analysed at Somerset House, under Food and 
 Drugs Act, 1875 592 
 
 order of, under llth section of Nuisance Removal Act, 
 1855, to admit local authority or their officer to inspect 
 premises ... ... ... ... ... ... ... 611 
 
 to order abatement, or discontinuance, and prohibition of 
 
 nuisance 612 
 
 requisition in writing by ten inhabitants sufficient to autho- 
 rize complaint to, under 27th section of Nuisances 
 Removal Act, 1855 618 
 
 order of, in case of overcrowded house 619 
 
 on complaint of nuisance by inhabitant, may inquire and 
 act in relation thereto, imder section 12 of Nuisances 
 Removal Act, 1855, and Nuisances Removal Act, 1860 634 
 
 not incapable of acting by being member of local authority 635 
 
 may order animal, carcase, meat, &c., unfit for food to be 
 destroyed, and penalty on person in whose possession 
 found 637 
 
 warrant of, to authorize officer of police to enter dwelling- 
 house 642 
 
 order by, to admit nuisance authority or their officer for 
 purposes of Sanitary Act, 1866, as well as to ground 
 proceedings under 12th section of Nuisances Removal 
 Act, 1855 644 
 
 duration of order of, under llth section of Nuisances 
 
 Removal Act, 1855 646 
 
 direction of, for closing premises where two convictions 
 under any Act relating to overcrowding or illegal 
 occupation of cellar ... ... ... ... ... 649 
 
 appearance of nuisance authority, &c., before, on legal pro- 
 ceedings by clerk or by officer or member authorized 
 in manner directed ... ... ... ... ... 652 
 
 order by, for closing well, tank, &c., when water polluted 660 
 
 may cause water to be analyzed 660 
 
 requirements in order of, for removal of sick persons to 
 
 hospital ... ... ... ... ... 661 
 
 proceedings against surveyor of pavements under General 
 Paving (Metropolis) Act, where pavement out of 
 repair ... ... ... ... ... ... ... 666 
 
 fines on persons returned as jurors, &c., for non-attendance, 
 
 default, &c 705 
 
 K. 
 
 Knacker See Slaughter-houses.
 
 Ix Index. 
 
 L. 
 
 Label PAGE 
 
 on vessel containing petroleum, under Petroleum Act, 1871 425 
 protection under Food and Drugs Act, 1875, by giving ... 587 
 
 Lamp See Lighting. 
 
 wilfully damaging, penalty for 127 
 
 carelessly or accidentally damaging, damage to be paid ... 127 
 
 local authority may provide lamp-posts, &c. ... ... 412 
 
 limit of charge for gas supplied to public ... : ..','' ->>' ... 414 
 
 lamp-post, penalty for defacing ... .'.;., ... ;; ... 213 
 
 Land 
 
 power of boards and vestries to purchase and lease ... 91 
 
 to enable the purchase of, certain provisions of Lands 
 
 Clauses Consolidation Act incorporated ... ... 91 
 
 easement not included in, under Lands Clauses Consoli- 
 dation Act ... ... ... ... ... ... 91 
 
 not to be taken compulsorily, except by metropolitan 
 
 board with consent of secretary of state ... ... 92 
 
 notice by advertisement to be given before applying for 
 
 consent to take ... ... ... ... ... ... 93 
 
 as to compulsory powers of taking, vested in metropolitan 
 
 boards and vestries under other Acts ... ... ... 92 
 
 reference to legal decisions as to taking and using, damag- 
 ing or inj uriously affecting 75n, 93 
 
 power to dispose of or let, not wanted, and application of 
 
 money arising from sale of ... ... 95 
 
 owner of, may on sale reserve a right of pre-emption ... 96 
 
 used as arable, meadow, &c., to be rated to sewers rate at 
 
 one-fourth part of net annual value ... ... ... 103 
 
 to be rated to lighting rate at a rate three times less than 
 
 other property ... ... ... ... ... ... 105 
 
 existing exemptions from lighting rated allowed in rating 105 
 
 district boards and vestries may take, to be maintained as 
 
 an open space or pleasure ground ... ... ... 166 
 
 compulsory powers of taking, by metropolitan board, ex- 
 tended to, for roads, and depositing earth and materials 178 
 
 owner of, may execute drainage works at own expense ... 187 
 
 owner of, abutting, to pay contribution to paving new 
 
 streets ... ... ... ... ... ... ... 206 
 
 may be charged in less proportion than house property for 
 
 paving 206 
 
 power of metropolitan board to sell, &c., not affected by 
 
 Metropolitan Board of Works Loans Act, 1869 ... 262 
 
 purchasers of, from metropolitan board to be freed from 
 
 charges ... ... ... ... ... ... ... 262 
 
 purchase of, for purposes of fire brigade, under Fire Brigade 
 
 Act, 1865 338 
 
 acquisition of, under Artizans and Labourers' Dwellings 
 
 Improvement Act, 1875 567 
 
 as to redemption of tithe rent charge on, for purposes of Act 564?i 
 
 appropriation of, for improvement scheme ... ... ... 583 
 
 interpretation of, under Thames River (Prevention of 
 
 Floods) Act r/uftacuV.; 731 
 
 entry upon, for purposes of flood works ... ' '.*;"""' l ... 734 
 
 power to inspect, for purposes of flood works ... ... 736 
 
 rent charge on, in respect of works ... ... ... ... 742
 
 Index. Ixi 
 
 Lands Clauses Consolidation Act PAGE 
 
 to enable the purchase of lands, certain provisions incor- 
 porated with Act... ... ... ... ... ... 91 
 
 compulsory powers under, with certain exceptions, incor- 
 porated with Thames Embankment and other Acts ... 92n 
 
 amount of compensation if over ,50 to be settled by arbi- 
 tration, according to provisions contained in ... ... 134 
 
 compulsory powers of taking land by metropolitan board, 
 given by, extend to land for road, and deposit of earth 
 and materials ... ... ... ... ... ... 178 
 
 incorporation of, with Artizans, &c., Dwellings Act, 1868, 
 
 Amendment Act, 1879 720 
 
 Landlord See Owner. 
 
 tenant may, when entitled, if Act had not passed, deduct 
 
 sewers' rate from rent of ... ... ... ... 107 
 
 agreements between, and tenant, as to payment of rates, 
 
 &c., not affected by Act 132 
 
 nothing in Act to vary liability to poor rate ... ... 164 
 
 liability when tenant makes default in payment of poor 
 
 rate for which he claimed to be rated 164 
 
 saving of rights of .., 254 
 
 nothing in Building Act, 1855, to affect rights or liabilities 
 
 between, and tenant ... ... ... ... ... 312 
 
 Legal Proceedings See Proceedings. 
 Lessee 
 
 execution of works by, Artizans, &c. Dwellings Act (1868) 
 
 Amendment Act, 1879 724 
 
 Lewisham See Plumstead. 
 
 Liabilities 
 
 books of account of, of boards and vestries to be kept ... 28 
 of commissioners under local Acts to be paid out of 
 
 rates levied by vestry or district board 51 
 
 discharge of, under local Acts ... ... 112 
 
 of metropolitan commissioners of sewers ... ... ... 113 
 
 list of, of metropolitan commissioners of sewers, sched. (A.) 228 
 
 License See Cowhouse, Hoarding, Slaurjiiter-home, 
 Petroleum. 
 
 in writing, to be obtained from vestry or district board, 
 
 previous to erection of hoard ... ... ... , . . 68 
 
 to state place where, and purposes for which hoarding to 
 
 be set up 69 
 
 not to be given for slaughter-house without notice to vestry 
 
 or district board ... ... ... ... ... ... 72 
 
 repealed by 92nd section of Metropolis Management 
 
 Amendment Act, 1862, with altered provisions ... 215 
 
 granted under repealed sections of original Act and Metro- 
 politan Market Act, 1857, to continue in force (Metro- 
 polis Management Act, 1862) 214 
 
 justices to grant, for cow-houses and slaughter-houses ... 215 
 
 one month's notice to be given of intention to apply for ... 216 
 
 amendment of law as to renewal of, for slaughter-houses 
 in special session Slaughter-houses (Metropolis) 
 Act, 1874 367
 
 Ixii Index. 
 
 LICENSE continued. PAGE 
 
 as to provisional, for new premises for performance of 
 
 stage plays, &c., Metropolis Management and Building 
 
 Acts Amendment Act, 1878 330 
 
 mode of granting, under Petroleum Act, 1871 ... ... 426 
 
 where refused, applicant may memorialize secretary of state 
 
 or lord lieutenant ... . . ... ... ... 427 
 
 application for, for new gunpowder factory (Explosives 
 
 Act, 1875) 436 
 
 grant and confirmation, of ... ... ... ... ... 438 
 
 register of store, and registered premises to be kept by 
 
 local aiithority ... ... ... ... 450 
 
 alteration of terms of, and enlargement of factory or magazine 442 
 
 devolution and determination of ... ... ... ... 442 
 
 to be obtained for consumers' stores for gunpowder, from 
 
 local authority ... ... ... ... ... ... 444 
 
 non-transferability, removal, and forms of, for stores . . . 446 
 fees for, and for continuing certificates ... ... 450,491 
 
 in what cases continuing certificate not required 463 
 
 to use tramway may be granted to third parties by board 
 
 of trade 509 
 
 rules as to ... ... ... ... ... ... ... 510 
 
 Licensee 
 
 in default of payment of tolls by, of tramway, carriages 
 
 may be detained and sold under Tramways Act, 1870 510 
 
 to give account of number of passengers conveyed in 
 
 tramway ... ... ... ... ... ... ... 510 
 
 penalty for non-compliance ... ... ... ... ... 510 
 
 of tramway liable for damage done by carriages or servants 511 
 
 Lighting, Paving, \Vatering, &c. 
 
 powers and duties relating to, vested in vestries and dis- 
 trict boards ... ... ... ... 47 
 
 expenses of, under existing powers to be deemed expenses 
 
 incurred in execution of Act ... ... ... ... 49 
 
 vestries and district boards to cause the, of streets ... 71 
 
 rates for, how to be collected 99 
 
 rate, in what cases overseers to make ... 100 
 
 provision for discharging existing liabilities under local 
 
 Act relating to 112 
 
 penalty for wilfully damaging lamps for ... ... ... 127 
 
 any one accidentally damaging lamps for, to pay amount 
 
 of damage 127 
 
 Lime 
 
 not to be slacked, &c., in streets without consent 694 
 
 Limitation See Appeal. 
 
 of time for appealing against orders of boards and vestries 128 
 as to recognizance, &c., on appeal against assessment on 
 
 places in sched. (C.) ... ... ... Ill 
 
 on appeal against adjudication of justices with respect to 
 
 penalty under Act 136 
 
 for claim of compensation by officers of parliamentary 
 
 board whose power determined by Act ... ... 130 
 
 on appeal against rejection of claim 130 
 
 of time for claim of compensation by paid surveyor of 
 
 highways 130
 
 Jndex. Ixiii 
 
 LIMITATION continued. PAGK 
 
 of time for completion of works specified in Main Drainage 
 
 Act 179 
 
 of time for bringing action against boards and vestries, six 
 
 months 223 
 
 of time for suing for penalties, six months ... 224 
 
 with respect to notice by district surveyor in case of irre- 
 gularity under Metropolis Building Act, 1855 ... 290 
 
 on appeal against account of building owner 304 
 
 provisions as to, of time, when due notice as to buildings 
 
 erected or work done has not been given 308 
 
 on appeal to superior court against order of justices ... 309 
 as to application for compensation by appeal before regis- 
 trar of metropolitan buildings ... ... ... ... 312 
 
 of time for appeal, Locomotive Act Amendment Act ... 533 
 
 Line of Building See Building, Street. 
 
 Lists 
 
 of persons chosen as vestrymen and auditors to be pub- 
 lished ^ 13 
 
 penalty on inspector making incorrect 13 
 
 how to be published ... 13 
 
 of members and officers of vestries and district boards to 
 
 be sent to metropolitan board 123 
 
 may be sold 123 
 
 of estates, charities, and bequests to be made by vestries 
 
 and published ... 123 
 
 to be open to inspection 123 
 
 Loan 
 
 to metropolitan boards and vestries, under 14 & 15 Viet. 
 
 c. 43, s. 23 ... 116 
 
 repealed as to metropolitan board by Metropolitan Board 
 
 of Works (Loans) Act, 1869 264 
 
 to metropolitan board by public works loan commissioners 
 
 and commissioners for reduction of national debt ... 248 
 where obtained by vestries, &c., from metropolitan board, 
 
 reference concerning rateable value of property and 
 
 financial condition 247w 
 
 by metropolitan board to managers of metropolitan asylum 
 
 district ... ^ 259 
 
 to public bodies, vestries, and district boards, &c. ... 259, ZQOn 
 to metropolitan commissioners of sewers, apportionment, 
 
 &c 228 
 
 Acts authorizing, first schedule Metropolitan Board of 
 
 Works (Loans) Act, 1869 265 
 
 as to, to local authority under Artizans, &c., Dwellings Act, 
 
 1868, Amendment Act, 1879 725 
 
 Metropolitan Board of Works (Loans) Act, 1869 245 
 
 Local Acts See Commissioners. 
 
 power of paving, &c., under, to vest in vestries and district 
 
 boards 48 
 
 transfer of property 50 
 
 existing contracts valid 50 
 
 provision for discharging liabilities of bodies acting under 112 
 time of collecting rates under, to be altered, if necessary... 120 
 3 G
 
 Ixiv Index. 
 
 LOCAL ACTS continued. PAGE 
 
 savings and provisions in, as to commissioners of sewers to 
 
 apply to boards and vestries 128 
 
 repeal of Acts inconsistent with Act ... ... ... 142 
 
 variation of provisions of, by order in council ... ... 142 
 
 Local Authority See Nuisances Eemoval and 
 
 Sanitary Acts. 
 
 description of, under Commons Act, 1866 ... ' -,'..'"- ... 354 
 
 may contribute for purposes of scheme as to common ... 351 
 
 expenses of, to be paid out of local rate ... ... ... 351 
 
 definition of, under Slaughter-houses, &c., (Metropolis) 
 
 Act, 1874 368 
 
 certain trades may be established anew with sanction of ... 364 
 
 power of, to make bye-laws ... ... ... ... ... 364 
 
 fees for sanction of ... ... ... ... ... ... 367 
 
 definition of, under Metropolis Gas Act, 1860 407 
 
 gas companies to light streets when required by ... ... 411 
 
 may provide lamp-posts and lamps ... ... ... ... 412 
 
 to appoint gas examiner ... ... ... ... ... 413 
 
 two or more, may join in appointment ... ... ... 413 
 
 differences between, and gas companies to be settled by 
 
 arbitration 414 
 
 expenditure of... ... ... ... ... ... ... 421 
 
 definition of, under Petroleum Act, 1871 ... ... ... 426 
 
 testing of petroleum by officer of 427 
 
 definition of, under Explosives Act, 1875 ... ... ... 470 
 
 application for assent of, to site of new factory or magazine 
 
 for gunpowder ... . . . ... ... ... ... 437 
 
 registration with, of premises for keeping of gunpowder ... 447 
 
 to keep a register of store licenses and registered premises 450 
 
 power of certain local bodies to become 470 
 
 duty of, and power of officer of ... ... ... ... 470 
 
 expenses of, under Act to be paid out of the local rate ... 471 
 
 definition of, under Tramways Act, 1 870 496 
 
 may lease or take tolls of tramways... ... 501 
 
 as to expenses of construction of tramway, where, are the 
 
 promoters ... ... ... ... 502 
 
 as to purchase of tramway by ... ... ... ... 512 
 
 may make bye-laws ... ... ... ... ... ... 514 
 
 may license drivers, conductors, &c... ... ... ... 515 
 
 power for, or police authorities to regulate traffic in roads 
 
 on which tramway is laid ... ... ... ... 517 
 
 as to approval of application by, for provisional order ... 521 
 definition of limits in which, emposvered to make orders 
 
 as to hours during which lomotives may pass over 
 
 roads ... ... ... ... 531 
 
 under Locomotives Act, 1865 527 
 
 may make orders as to hours, &c., when locomotives may 
 
 pass through towns 527 
 
 definition of, and powers under Destructive Insects Act, 
 
 1877 537 
 
 to give copies of reports of surveyor, under Artizans, and 
 
 . Labourers Dwellings Act, 1868, to owner ... ... 546 
 
 description of, under Artizans &c., Dwellings Act, 1868 ... 554 
 to give notice to owner of preparation of plans of required 
 
 works 546 
 
 persons aggrieved, may appeal ... ... 547
 
 Index, Ixv 
 
 LOCAL AUTHORITY continued. PAGE 
 where decision is in favour of owner, report, &c., to be sent 
 
 to parties liable ... ... ... ... 548 
 
 provision where, execute required works themselves ... 550 
 
 to pay compensation when total demolition required ... 550 
 definition of, under Artizans and Labourers Dwellings 
 
 Improvement Act, 1875... ... ... 559 
 
 scheme for improvement of unhealthy areas by ... . . 559 
 
 requisites of improvement scheme by 
 
 duty of, to carry improvement scheme, when confirmed 
 
 into execution 
 
 entry on lands and deposit of money by ... 
 definition of, under Diseases Prevention Act, 1858 
 
 560 
 
 563 
 577 
 601 
 
 to see to execution of regulations issued under Act 
 
 when empowered to execute Nuisance Removal Act, 1855 601 
 as to appointment of sanitary inspector by, \inder Nuisances 
 
 Removal Act, 1855 610 
 
 notice of nuisances to be given to 610 
 
 as to power of entry of ... ... 610 
 
 proceedings by, before justices in case of nuisances likely 
 
 to recur, &c 611 
 
 may enter and remove nuisance 613 
 
 may cover and improve sewers 615 
 
 how expenses of, to be defrayed ... ... 631 
 
 vestries and district boards to be, for metropolis (Nuisance 
 
 Removal and 1 )iseases Prevention Act, 1860) 633 
 
 under Petroleum Act, 1871 ... 426 
 
 under Contagious Diseases (Animals) Act, 1878 ... ... 214)t 
 
 description of metropolitan authority under Metropolis 
 
 Water Act, 1871 394 
 
 Infant Life Protection Act ... 542 
 
 definition of, under Artizans Dwellings Act, 1868, Amend- 
 ment Act, 1879 722 
 
 recovery of expenses incurred by ... ... ... ... 722 
 
 disposal of land acquired by 722 
 
 may dedicate land as highway or other public place ... 723 
 
 metropolitan board to enforce Act on neglect of 723 
 
 appropriation of property acquired by 723 
 
 to present annual account to secretary of state _ 724 
 
 contracts by, for building, &c., workmen's dwellings ... 724 
 
 power of, to make bye-laws respecting dwellings 725 
 
 as to expenses of ... ... 725 
 
 loans to, by public works loan commissioners 725 
 
 Local Rate 
 
 description of, under Commons Act, 1866 ... ... ... 354 
 
 payment of expenses of local authority out of 351 
 
 definition of, under Explosives A.ct, 1875 471 
 
 expenses of local authority under Act to be paid out of ... 471 
 
 Locomotive 
 
 rules for manner of working on turnpike roads and high- 
 ways under Locomotives Act, 1865 526 
 
 penalty on non-compliance with rules 526 
 
 as to speed of, on turnpike roads and highways 526 
 
 as to size and weight of 527 
 
 restrictions as to use of steam engines within twenty-five 
 yards of road not to apply to, used for ploughing pur- 
 poses 527 
 
 3a2
 
 Ixvi Index. 
 
 LOCOMOTIVE continued. PAGE 
 
 name and residence of owner to be affixed to ... ... 527 
 
 local authorities may make orders as to hours, &c., when, 
 
 may pass through towns 527 
 
 description of, under Act ... 527 
 
 penalty for non-compliance with orders _ 528 
 
 saving in Act as to actions at law respecting ... ... 529 
 
 as to weight of and construction of wheels of, under Amend- 
 ment Act, 1878 530 
 
 steam, to be constructed so as to consume their own smoke 531 
 local authority may make orders as to hours during which, 
 
 may pass over roads 531 
 
 county authority may make bye-laws for granting licenses 
 
 touse 532 
 
 Locomotives Act, 1865 525 
 
 Highways and Locomotives Amendment Act, 1878 ... 530 
 
 Lodging 
 
 secretary of state may empower nuisance authority to make 
 regulations as to houses let out in, under Sanitary 
 Act, 1866 649 
 
 provision not to apply to lodging-houses within Common 
 
 Lodging Houses Act 649 
 
 London 
 
 city of, included in metropolis, as denned by Metropolis 
 
 Management Act, 1855 1 
 
 meaning of word, in City of London Sewers Act, 1848 ... In 
 lord mayor, aldermen, and commons to elect three mem- 
 bers of metropolitan board for 20 
 
 sewers in schedule D. vested in commissioners of sewers 
 
 for, to be vested in metropolitan board of works ... 73 
 
 assessment of rates on ... 107 
 
 precepts for payment of money to be addressed to chamber- 
 lain 108 
 
 chamberlain to pay moneys required, and be reimbursed 
 
 out of rates made by commissioners of sewers ... 109 
 
 savings, &c., in local Acts applicable to commissioners of 
 
 sewers to apply to commissioners of sewers for ... 128 
 
 saving of powers of commissioners of sewers of 141 
 
 interpretation of "city" ... ... ... 144 
 
 powers conferred on the metropolitan board as to naming 
 
 and numbering of streets and houses to extend to ... 212 
 
 metropolis to include... ... 225 
 
 Metropolis Management Amendment Act, 1862, nothing in 
 building Act to affect powers of commissioners of 
 
 sewers of 276 
 
 Part II. of 41 & 42 Viet. c. 32, not to apply to 334 
 
 reference to powers and duties of the corporation of Lon- 
 don under various Acts relating to or operating on the 
 
 metropolis 18, 19, notes 
 
 statement of accounts of water companies to be sent to 
 
 town clerk of, under Water Act, 1871 390 
 
 as to weight, &c., of locomotives to be used on roads in, 
 . under Highways and Locomotives (Amendment) Act, 
 
 1878 ... 531 
 
 bridge approaches fund 237, 238?i 
 
 duties under Coal and Wine Continuance Act, levied by 
 
 corporation of, and application of duties by 259?i
 
 lndex t Ixvii 
 
 LONDON continued. PAGE 
 
 meaning of expression " London district" 240 
 
 port of, its extent 240u 
 
 joint committee of corporation of, and metropolitan board, 
 
 constituted by Kew and other Bridges Act ... ... 239n 
 
 London and North-^Vestern Ry. Co. 
 
 agreement between the St. Pancras paving commissioners 
 
 and, confirmed ... ... ... ... ... ... 138 
 
 London Gazette 
 
 particulars of division of parishes and apportionments of 
 
 vestrymen, to be published in 3 
 
 names of persons appointed to set out wards to be pub- 
 lished in... ... ... ... ... ... ... 4 
 
 orders in council varying provisions of local Acts to be 
 
 published in ... ... ... 143 
 
 orders in council extending Act to adjoining parishes to be 
 
 published in ... 143 
 
 division of parishes where more than 2,000 rated house- 
 holders, into wards, and apportionment of vestrymen, 
 to be published in 186 
 
 if approved by secretary of state to be again pxiblished in. . . 186 
 
 or secretary may alter same and, publish alteration in ... 186 
 
 notice of constant supply of water to be published in ... 386 
 
 Lord Lieutenant 
 
 in case of refusal of license under Petroleum Act, 1871, 
 
 applicant may memorialize, or secretary of state ... 427 
 
 M. 
 
 Magazine See Factory. 
 
 Main Drainage 
 
 metropolitan board to execute such works as are necessary 
 to prevent sewage flowing into the Thames in or near 
 
 metropolis 74 
 
 empowered by 21 & 22 Viet. c. 104, to execute works for 
 preventing sewage from passing into the Thames urithin 
 
 the metropolis ... I7n 
 
 extended, powers given by Act Yin 
 
 extension of powers under subsequent enactments. . . ... 18n 
 
 contributions to cost of, by parishes, &c., beyond metro- 
 politan area 74n, 
 
 creation of consolidated stock for raising portion of loans... 247 
 list of Main Drainage Acts authorizing loans ... ... 265 
 
 Main Drainage Rate 
 
 statutory provisions under which assessed ... ... ... 251 
 
 debt of Counters Creek works and part of debt of Eavens- 
 bourne works to be paid out of moneys raised on, 
 (Metropolis Local Management Act, 1862) .. ... 167 
 
 certain expenses in respect of Victoria Street sewer to be 
 
 paid out of moneys raised on ... ... 170 
 
 sums received on account of, from places in schedule (C.) 
 of original Act, beyond amount of, may be placed to 
 their credit 174 
 
 how to be assessed in places in schedule (C.) to original 
 
 Act 174
 
 Ixviii Index. 
 
 MAIN DKAINAGE RATE continued. PAGE 
 
 vestries to include in sewers rate precept of metropolitan 
 
 board ; and may make a separate rate for ... ... 174 
 
 sums collected in places in schedule (C.) to 18 & 19 Viet. 
 c. 120, beyond amount of rate for, to be placed to credit 
 
 of such places ... ... ... ... 174 
 
 metropolitan board required to levy consolidated rate in 
 lieu of all rates or assessments authorized to be assessed 
 by them generally over the metropolis ... ... 251 
 
 Main Sewers See Sewer. 
 
 of metropolis, list and description of, in schedule (D.) ... 149 
 
 Mains 
 
 water, not to be laid in December, January, or February, 
 
 without consent ... ... ... ... 64 
 
 gas, not to be laid at any time without consent 64 
 
 three days' notice to be given when new service pipes to be 
 
 laid to existing , 64 
 
 Main, District See District Main. 
 Manure See Nuisances Removal and Sanitary Acts. 
 Manure Manufacturer See Slaughter-houses. 
 Map 
 
 of underground works of water companies to be made and 
 kept at principal office of each company, and to be 
 
 open to inspection ... ... ... ... ... 375 
 
 gas companies to cause, of their districts to be made ... 416 
 
 as to deposit and inspection of ... ... ... ... 416 
 
 charge for inspection of 416 
 
 Measure 
 
 fixing unit of, for sale of gas by meter ... ... ... 396 
 
 Medical Officer 
 
 as to payment of, when required to attend sick on board 
 
 vessels, under Diseases Prevention Act, 1855 ... 602 
 
 Medical Officers of Health 
 
 vestries and district boards to appoint and pay ... ... 72 
 
 salary of, duties of, maybe removed... ... ... ... 72 
 
 to make annual report to vestry or district board 187 
 
 Medicine 
 
 temporary supply of, by nuisance authority; Sanitary Act, 
 
 1868 659 
 
 Meeting 
 
 of vestry not to beheld in a church... ... 14 
 
 of vestry for election of chairman ... 14 
 
 ordinary and special, of district board ... 16 
 
 election of chairman at ... ... ... ... ... 17 
 
 of metropolitan board 21, 22 
 
 special meetings ... ... ... ... ... ... 22 
 
 of vestries may be convened by notice sent by clerk three 
 
 days before, and by affixing near place of ... ... 165 
 
 district boards and vestries may appoint days for ... 184 
 
 special, of vestries, convening of 165
 
 liideat. Ixix 
 
 Memorial PAGE 
 
 for scheme as to common, under Commons Act, 1 866 . . . 348 
 inquiry into, by commissioners 349 
 
 Meter 
 
 under Gas Act, 1859, definition of 396 
 
 models of, to be made and verified under direction of the 
 
 Treasury ... 396 
 
 models to be deposited in certain places 396 
 
 appointment of inspectors of gas ... ... 397 
 
 when stamped need not be re-stamped 399 
 
 penalty for counterfeiting stamps for marking _ ... v . 400 
 not to be stamped if more than two per cent, incorrect in 
 
 favour of the buyer, or three per cent, in favour of the 
 
 seller ... 400 
 
 certain, incorrect against the sellers of gas may be used by 
 
 agreement 400 
 
 rules for testing ... ... ... 400 
 
 consumer of gas may use any stamped ... ... ... 401 
 
 ten years after passing Gas Act, 1859, to be stamped ... 401 
 after twelve months from passing of Act, not to be sold 
 
 unless stamped ... ... ... 401 
 
 penalty for fixing, before being stamped ... 401 
 
 fees for testing and stamping ... ... ... ... 402 
 
 gas companies to provide, at prescribed rents, under Gas 
 
 Act, 1860 409 
 
 limit of charge by companies for, and gas 414 
 
 inspectors of see Inspectors of Meters. 
 
 Metropolis 
 
 interpretation of ... ... ... ... 143 
 
 power of metropolitan board to make improvements in ... 84 
 
 main sewers of, sched. (D.) 149 
 
 sewers and works may be executed by district boards and 
 
 vestries beyond limits of, with consent of metropolitan 
 
 board, &c ... ... 192 
 
 not to apply to any work for purposes of main drainage of 193 
 certain powers of Metropolitan Paving Act to extend to, as 
 
 defined by 18 & 19 Viet. c. 120, and 25 & 26 Viet. 
 
 c. 102 201 
 
 definition of, under Metropolis Management Amendment 
 
 Act, 1862 225 
 
 definition of, under Fire Brigade Act 337 
 
 definition of, under Open Spaces Act, 1877 
 
 definition of, under Slaughter-houses Act, 1874 
 restriction as to sources of supply of water to the 
 
 Water Act, 1852 , 
 
 under 
 
 368 
 
 371 
 
 definition of, under Water Act, 1871 379 
 
 definition of, under Gas Act, 1860 407 
 
 definition of, under Subways Act, 1868 ... 493 
 
 definition of, under Highways and Locomotives (Amend- 
 ment) Act, 1878 ... 534 
 
 definition of, under Artizans, &c., Dwellings Act, 1868 ... 545 
 
 under Artizans, &c., Dwellings Improvement Act, 1875 ... 572 
 
 General Paving Act to extend to all streets in 664 
 
 Local Management Act, 1855 1 
 
 Local Management Act, 1856 ... ... ... ... 161 
 
 Local Management Act, 1862 ... 167
 
 Ixx Index. 
 
 METROPOLIS continued. PAGE 
 
 Management (Amendment) Act, 1875 272 
 
 Management and Building Acts Amendment Act, 1878 ... 324 
 Management (Thames Eiver Prevention of Floods) Act, 
 
 1879 730 
 
 Metropolitan Asylum District 
 
 metropolitan board may lend money to managers of ... 259 
 
 Metropolitan Authority 
 
 definition of under Metropolis Water Act, 1871 380 
 
 may apply to water companies for a .supply of water to any 
 
 district 381 
 
 notice of regulations of water companies to be given to ... 385 
 
 Metropolitan Bills (Metropolitan Board of Works 
 
 (Money) Act, 1877), s. 15 257% 
 
 Metropolitan Board of ^Works 
 
 constitution and incorporation of ... ... 17 
 
 powers of, with respect to sewerage and other matters 
 tinder Metropolis Management Act, 1855, and other 
 
 Acts I7ra 
 
 election of members of ... 20 
 
 election of chairman, and term of office of members of ... 21 
 
 as to meetings of 22 
 
 chairman to preside 23 
 
 disqualification of members and auditors of 23 
 
 revocation or alteration of resolutions 25 
 
 appointment of committees 25 
 
 inspection of books ... ... 26 
 
 clerk and treasurer of, not to be same person 27 
 
 penalty on officers, &c., of, being interested in contracts of, 
 
 or exacting or accepting fees ... ... ... ... 27 
 
 officers, &c., to give security when entrusted with money 28 
 
 to provide proper offices and attendance 30 
 
 main sewers (schedule D. to Act) vested in 73 
 
 powers as to sewerage see Sewers ... ... 73 
 
 to regulate naming of streets and numbering ot houses ... 83 
 buildings not to be brought beyond regular line of street, 
 
 without consent of 84 
 
 repealed by section 87 of Metropolis Management Amend- 
 ment Act, 1862, which prohibits building beyond 
 
 general line and makes other alterations 202 
 
 power of, to make improvements ... 84 
 
 if cost of improvement by, exceed fifty thousand pounds, 
 plans to be laid before commissioners of works (re- 
 pealed by 21 & 22 Viet. c. 104, s. 25) 85 
 
 if cost exceed one hundred thousand pounds, plans to be 
 sanctioned by parliament (repealed by 21 & 22 Viet. 
 
 c. 104, s. 25) 86 
 
 proceedings by or against the metropolitan commissioners 
 
 of sewers to be continued by or against 86 
 
 property of commissioners of sewers to be transferred to 87 
 
 may purchase or lease lands for purposes of Act ... ... 91 
 
 not to take lands or easements compulsorily, except with 
 
 consent of secretary of state ... ... 92 
 
 may break up turnpike roads, subject to certain restrictions 
 (repealed by Metropolis Management Amendment Act, 
 1862, s. 33, which contains substituted provisions) 96, 182
 
 Index. Ixxi 
 
 METROPOLITAN BOARD OP WORKS continued. PAGE 
 
 provisions for defraying expenses of, in execution of Act ... 107 
 repealed by Metropolis Management Amendment Act, 
 
 1862, section 5 which contains new provisions ... 172 
 to issue precepts to the chamberlain of the city, and to 
 
 vestries and district boards ... ... ... ... 108 
 
 payment of sums assessed on vestries and district boards to 109 
 
 assessment on places in sched. (C.) ... ... 109 
 
 appeal against assessment ... ... ... Ill 
 
 may under certain circumstances apportion debts of old 
 
 commissioners 112 
 
 to discharge liabilities of metropolitan commissioners of 
 
 sewers ... ... ... ... 113 
 
 to levy improvement rates for recovery of expenses in- 
 curred by metropolitan commissioners of sewers ... 114 
 general powers to borrow for defraying expenses of execut- 
 ing Act 114 
 
 repealed with certain exceptions as to Metropolitan Board 
 by Metropolitan Board of Works (Loans) Act, 1869, 
 
 which contains new provisions ... ... 114ft 
 
 may give sanction to vestries and district boards to borrow 114 
 
 to keep annual accounts ... ... 120 
 
 auditor of accounts of, to be appointed by secretary of state 
 (by Metropolitan Board of Works (Loans) Act, 1869, 
 
 s. 18, to be appointed by treasury) ... 120 
 
 accounts of, how to be audited 121 
 
 remun eration of auditor 120 and note 
 
 to make amraal report of proceedings 123 
 
 may make, alter, and repeal bye-laws for objects specified 124 
 
 publication and evidence of bye-laws of ... 125 
 
 provisions for protection of property and works of ... 126 
 
 no buildings to be erected over a sewer without consent of 126 
 prohibition of placing buildings, &c., on sewers, under 
 
 Metropolis Management Act, 1862 198 
 
 penalty for wilfully damaging, &c., lamps or other pro- 
 perty of 127 
 
 appeal to, against orders, &c., of boards and vestries with 
 
 respect to constructions of buildings, sewers, &c. ... 128 
 
 to appoint committee to hear appeals ... 129 
 
 may grant retiring pensions or allowances to officers of 
 
 metropolitan commissioners of sewers ... ... ... 129 
 
 may confirm allowances to officers of paving boards, &c. ... 130 
 
 persons whose claim to compensation is rejected by boards 
 
 or vestries may appeal to 130 
 
 as to service of notices on ... ... ... 132 
 
 amount of compensation if disputed, where claim under 
 50 to be settled by justice, if over, by arbitra- 
 tion 133 
 
 authentication of documents by ... / ... 153 
 
 apportionment of money owing by, to Clergy Mutual 
 
 Assurance Society 170 
 
 sums to be assessed by, for defraying expenses of execution 
 
 of Act 172 and note 
 
 by Metropolitan Board of Works (Loans) Act, 1869, sec- 
 tion 22, consolidated rates to be levied in lieu of all 
 rates and assessments authorized to be assessed by 
 
 board generally on the metropolis 251 
 
 form of assessment now in use ,.. 252?i
 
 Ixxii Index. 
 
 METROPOLITAN BOARD OF WORKS continued. PAGE 
 
 rates by, to be assessed and charged in the same manner as 
 
 the county rate ... ... ... ... ... ... 173 
 
 valuation lists under Valuation (Metropolis) Act, 1869, now 
 
 conclusive lOOu 
 
 how to assess places in sched. (C.) to original Act ... ... 174 
 
 may amend or revoke assessment or precept ... ... 175 
 
 may demand copies of poor rates ... 176 
 
 recovery of moneys assessed by, on extra-parochial property 
 
 for payment of debts ... ... ... 177 
 
 may take lands for roads, and for deposit of earth and 
 
 materials ... ... ... ... ... 178 
 
 may stop up carriage and footways in order to execute works 178 
 to maintain all bridges, culverts, &c., erected by them ... 179 
 votes by, exceeding 20,000 to be confirmed at a subse- 
 quent meeting ... ... ... ... ... ... 179 
 
 committee of appeal of, may allow or dismiss appeal, or 
 
 quash or vary order 180 
 
 transfer of powers of district boards and vestries as to 
 
 sewerage, &c., not to be made without consent of ... 180 
 may open and break up turnpike roads, subject to certain 
 
 restrictions ... ... ... ... ... ... 182 
 
 may set out wards, on application of vestry, &c., where 
 parish found to contain more than 2000 rated house- 
 holders 186 
 
 to apportion vestrymen to be elected ... ... ... 186 
 
 appeal to, against orders of district boards and vestries, as 
 
 to amount of apportionment of expenses of works ... 191 
 may sanction the execution of works by district boards or 
 
 vestries, beyond the limits of the metropolis ... ... 192 
 
 half-yearly report of cellars occupied as dwellings to be 
 
 made to, by district surveyor ... ... 195 
 
 consent of, necessary before making improvements by 
 
 district boards and vestries 200 
 
 no building to be erected beyond general line without con- 
 sent of 202 
 
 no building in a new street, except a church or chapel, 
 
 to exceed defined height, without consent of ... ... 209 
 
 may place, roadway, &c. in different parishes or districts, 
 
 under management of one vestry or district board ... 210 
 one calendar month's notice of action to be given to metro- 
 politan board, vestries, &c., and officers, and as to limi- 
 tation, venue, plea, &c 222 
 
 powers and duties of, for effecting improvements and other 
 
 objects conferred by other statutes ... ... ... 239?i 
 
 reference to Acts relating to the embankment of the Thames 242?i 
 to constitute, with Corporation of London, joint committee 
 
 under Kew and other Bridges Act 239?t 
 
 after passing of Act, no borrowing powers to be exercised, 
 except in conformity therewith (Metropolitan Board 
 
 of Works (Loans) Act, 1869) 246 
 
 creation by, of consolidated stock ... ... ... ... 247 
 
 may issue certificates of consolidated stock ... ... 249 
 
 power of, to levy consolidated rate 251 
 
 eventual transfer of improvement fund to ... .,. ... 256 
 
 additional borrowing powers of ... 257 
 
 may create consolidated stock for paying oft' money bor- 
 rowed, &c. 257
 
 Index. Ixxiii 
 
 METROPOLITAN BOARD OP WORKS continued. PAGE 
 
 may carry sinking fund to consolidated loans fund . . . 257 
 
 limit of borrowing powers of ... ... ... ... ... 261 
 
 other Acts relating to borrowing by the board 2A6n 
 
 power of, to sell, &c. land 262 
 
 may create annuities ... ... ... ... ... ... 263 
 
 may raise money by issue of metropolitan bills, Metro- 
 politan Board of Works (Money) Act, 1877 ... 257?i 
 may grant superannuation allowances to officers in certain 
 
 cases 270 
 
 to make abatement on assessment of parts of metropolis 
 
 containing property exempt from sewers' rate ... 273 
 powers of, under Building Act See Building, Building 
 
 and Adjoining Owner, District Surveyor, Structure ... 293 
 transfer of powers of commissioners of police as to dan- 
 gerous structures to ... ... ... 322 
 
 may make regulations as to new theatres and certain new 
 
 music-halls for protection from fire ... ... ... 330 
 
 power of, to make bye-laws with respect to sites and foun- 
 dations of houses... ... ... ... ... ... 331 
 
 duty of, in relation to fire under Fire Brigade Act ... 338 
 
 may make regulations for fire brigade ... ... ... 339 
 
 may examine books of insurance companies 341 
 
 to make annual reports to secretary of state of acts done 
 
 and expenditure incurred under Fire-brigade Act ... 344 
 
 powers and duties of, under Commons Act, 1866 355 
 
 gardens in squares, &c. may be freed from neglect, &c. and 
 vested in, under Gardens in Towns Protection Act, 
 
 1863 357 
 
 under Open Spaces Act, 1877 363 
 
 under Metropolis Gas Act, 1860 408 
 
 under special Acts relating to particular gas companies ... 4Q5n 
 
 under Slaughter-houses (Metropolis) Act ... 363 
 
 tinder Metropolis Water Act, 1871 380 
 
 under Explosives Act 417 
 
 under Petroleum Acts 423, 7 1 5 
 
 Under Subways Act ... ... ... ... 493 
 
 under Tramways Act... ... ... ... ... ... 496 
 
 under Locomotives Acts 525,530 
 
 under Destructive Insects Act ... ... ... ... 536 
 
 under Artizans Dwellings Act, 1875 and 1879 ... 558, 582 
 
 Under (Metropolis) Monuments Act ... ... 19u 
 
 to make plan of necessary flood works, and serve notice 011 
 parties affected, under Thames River Prevention of 
 
 Floods Act, 1879 732 
 
 limitation of powers of, as to works 733 
 
 powers as to works of a temporary character ... ... 733 
 
 power to, to execute flood works in default of commis- 
 sioners of sewers, vestries, &c. ... ... ... ... 734 
 
 powers to, to take lands 735 
 
 authority by, to commissioners of sewers, vestries, &c., to 
 
 take and use premises ... ... ... ... ... 735 
 
 power to construct flood works on, through, and under bed, 
 
 banks, and shore of Thames ... ... ... ... 735 
 
 previous sanction of, for alteration of banks ... ... 737 
 
 survey of bank by district surveyor on requisition of ... 738 
 
 claims on, for compensation for damage, &c. ... ... 738 
 
 proceedings in arbitration ... ... ... 739
 
 Ixxiv Index. 
 
 METROPOLITAN BUILDING ACT, 1855 continued. PAGB 
 
 recovery of expenses by ... ... ... 741 
 
 application of monies raised under other Acts and expenses 
 
 of, under this Act 744 
 
 expenses, how raised and paid 748 
 
 Metropolitan Board of Works (Loans) 
 
 Act, 1869 245 
 
 Metropolitan Building Act, 1855. See 
 Building, District Surveyor, Adjoining and Building 
 
 Owner, Structure ... ... 274 
 
 commencement of 274 
 
 interpretation of terms 274 
 
 limits of 276 
 
 division of ... ... ... 276 
 
 to extend to all places within limits denned by 18 & 19 
 
 Viet. c. 120 276 
 
 not to affect powers vested in commissioners of sewers of 
 
 city of London ... ... ... ... ... ... 276 
 
 buildings exempt from operation of Part 1. 277 
 
 regulation and supervision of buildings 276 
 
 as to alterations and additions ... 278 
 
 rules for construction of buildings 279 
 
 district surveyors 286 
 
 expenses 294 
 
 dangerous structures ... 306 
 
 party structures 298 
 
 service of summons 307 
 
 determination of differences 307 
 
 appeal 308 
 
 penalties 308 
 
 notice of action, &c 310 
 
 repeal and temporary provisions 310 
 
 compensation to official referees, &c. 312 
 
 schedules 314 
 
 to apply (subject to exemptions) to all new buildings ... 278 
 powers given by, to commissioners of police, to be trans- 
 ferred to metropolitan board of works ... 322 
 
 amendment of section 74 of, with respect to sale of dan- 
 gerous structure ... ... 334 
 
 Amendment Act, 1860 320 
 
 Amendment Act, 1861 321 
 
 Amendment Act, 1869 322 
 
 Metropolis Management and Building Acts Amendment 
 
 Act, 1878 324 
 
 Metropolitan Burials Acts 
 
 saving as to ... ... ... 49 
 
 Metropolitan Cattle Market 
 
 exemption in Slaughter-houses Act respecting 369 
 
 Metropolitan Commissioners of Sewers 
 
 sewers vested in, to be vested in metropolitan board of 
 
 works ... ... ... ... ... ... ... 73 
 
 powers of, to cease 86 
 
 actions by, or against, not to abate ... ... 86 
 
 property of, to be transferred to metropolitan board of 
 
 works 87
 
 Index. Ixxv 
 
 METROPOLITAN COMMISSIONERS OF SEWERS continued. PAGE 
 
 provisions for paymeiit of liabilities of 113 
 
 savings in local Acts applicable to, to apply to boards and 
 
 vestries 128 
 
 officers of, may be pensioned 129 
 
 list of securities and liabilities of, sched. (A.) 228 
 
 Metropolitan Market Acts 
 
 as to slaughter-houses licensed under 72 
 
 section 35 of, 1857, repealed by Metropolis Management Act 
 
 Amendment Act, 1862 213 
 
 Act of 1862 not to extend to slaughter-houses erected under 
 
 authority of, 1851 or 1857 216 
 
 Metropolitan Paving Act, 1817 633 
 
 certain provisions of, to extend to metropolis as 
 denned by 18 & 19 Viet. c. 120, and 25 & 26 Viet. c. 
 102 201 
 
 Metropolitan Police District 
 
 substituted for London district (Coal and Wine Duties 
 
 Continuance Act, 1861) 240 
 
 as to erection of boundary stones or permanent marks on 
 point where canals, railways, and roads eater district, 
 and as to the other matters specified ... 240 
 
 excepted from repeal of Sanitary Law Amendment Act, 
 
 1874, effected by Public Health Act, 1875 604n 
 
 Metropolitan Sewage Manure Company 
 
 saving of rights of ... ... ... ... 141 
 
 Milk 
 
 officer may obtain samples of, at place of delivery, for 
 purpose of analysis, under Food and Drugs Amend- 
 ment Act, 1879 598 
 
 penalty for refusal to give, for analysis ... ... ... 598 
 
 section 2 of Nuisances Removal Act, 1863, to extend to ... 661 
 purveyors of, and stores, shops, vessels for containing, &c., 
 orders of privy council in relation to, Contagious 
 Diseases (Animals) Act, 1878 . ... 214n 
 
 Mill 
 
 compensation for interference with ancient ... ... 46 
 
 vestry or district board empowered to purchase rights in... 46 
 
 Minutes See Books. 
 
 to be kept of proceedings by metropolitan board, and 
 
 vestries and district boards ... ... ... ... 26 
 
 to be signed by members present, or two of them ... ... 26 
 
 purporting to be so signed, to be received as evidence ... 26 
 
 to be open to inspection by parties specified ... ... 26 
 
 Model See Metei-. 
 
 Money See Borrowing, Loan, Mortgage, 
 
 Monuments (Metropolis) Act, 1878 
 
 reference to 19n 
 
 Mortgage 
 
 securities by commissioners of sewers, to have priority 
 
 over those granted subsequently 113
 
 Ixxvi Index. 
 
 MORTGAGE contimied. PAGE 
 provisions relating to the borrowing of money, by metro- 
 politan board, vestries and district boards ... ... 114 
 
 repealed as to metropolitan board of works by Metropo- 
 litan Board of Works (Loans) Act, 1869 ... ... 267 
 
 by vestries and district boards for improvements effected 
 
 with consent of metropolitan board ... 201 
 
 commissioners under 14 & 15 Viet. c. 23, may advance 
 
 money to (repealed as to the metropolitan board) ... 116 
 
 mortgage of rates 116, 159 
 
 form of 116 
 
 register of ... ... ... ... ... ... ... 116 
 
 repayment of moneys borrowed on, with interest ... ... 117 
 
 how to be paid off, when no provision as to time ... 117 
 repayment of moneys borrowed on, may be enforced by 
 
 appointment of a receiver ... ... ... ... 118 
 
 sinking-fund to be formed for paying off ... ... ... 119 
 
 to be paid off, as drawn by lot 119 
 
 on loans to vestries and district boards by metropolitan 
 
 board 259n, 260n 
 
 by vestries, &c., for payment of expenses, under Thames 
 
 Floods Prevention Act 741 
 
 N. 
 
 New Building See Building, House. 
 
 with exemptions mentioned, Building Act, 1855, to apply 
 
 to all ."iniMr. '-. ; 278 
 
 what are 278 
 
 alterations in, to be subject to regulations of Act 278 
 
 as to contracts for erection of, previously to passing of Build- 
 ing Act, 1855 312 
 
 width of existing roads, &c., laid out for building as a 
 
 street, Metropolis Management Amendment Act, 1862 218 
 
 New River Company 
 
 Water Act, 1871, not to apply to certain property and ac- 
 counts of 392 
 
 New Street See Street, Road. 
 
 definition of 226 
 
 5 revisions for paving ... ... ... 59 
 
 ecisions on this and analogous enactments ... ... 59n 
 
 expenses of paving, to be borne by owners of houses ... 59 
 
 liability to pave, extended to owners of land ... ... 206 
 
 height of buildings in 209 
 
 provisions as to erection of buildings in, in Metropolis 
 
 Management and Building Acts Amendment Act, 1878 325 
 
 Nitro-Glyeerine Act, 1869 
 
 continuing certificate not required for stores licensed 
 
 under ... ... ... ... ... ... ... 463 
 
 Notice 
 
 to be published by churchwardens before election of vestry- 
 men under Metropolis Management Act ... ... 6,8 
 
 forms of, of election ... ... ... ... 9 
 
 how to be published ... ... ... 13 
 
 as to service of, on metropolitan board, and district boards 
 
 and vestries 132
 
 Index. Ixxvii 
 
 NOTICE continued. PAGE 
 may be in writing or print, and are sufficiently authenti- 
 cated, if signed by clerk or person giving it 133 
 
 of meetings of vestry may be sent through post, and affixed 
 
 near door of next place of meeting ... ... ... 165 
 
 penalty for defacing, affixed by board or vestry 213 
 
 as to, of intention to build ... ... ... 41 
 
 to owner of house to provide water-closet ... ... 44 
 
 by vestry or district board of intention to repair a street 
 
 not a highway ... ... ... ... 62 
 
 by companies when pavement, &c., required to be taken up 63 
 by companies where pipe discovered to belong to another 
 
 company ... ... ... ... ... 65 
 
 by vestry or district board to remove projections ... ... 67 
 
 seven days', to be given by vestry or district board previous 
 
 to the removal of certain projections ... ... ... 68 
 
 no slaughter-house to be licensed without notice to vestry 
 
 or district board ... 72 
 
 to metropolitan board of proposed names of streets ... 83 
 to be given where land or easement required to be taken 93 
 of intention to break up turnpike road to be given re- 
 pealed by 25 & 26 Viet. c. 102, s. 3 96 
 
 see substituted provision _ ... 182 
 
 public, of assessment on places in sched. (C.) to be given 110 
 
 of appeal against assessment of rate... ... ... ... Ill 
 
 service of, on mortgagee to be personal, or at residence, or if 
 
 unknown, then to be advertized ... ... ... 117 
 
 for repayment of mortgage money, when no time is specified 117 
 
 interest to cease on expiration of ... ... ... ... 117 
 
 of payment of mortgage after ballot to be given to mortgagee 120 
 of appeal against orders of vestries or district boards in re- 
 lation to construction of works .. ... ... 128 
 
 of appeal against determination or adjudication of justice 136 
 
 of claim by occupier entitled to be rated ... ... ... 163 
 
 by metropolitan board of intention to make representation 
 
 that adjoining parish should be included in Act ... 187 
 length of notice required before drains can be branched 
 
 into main sewers ... ... ... ... ... 188 
 
 of intention to connect sewers with a main sewer ... 188 
 to metropolitan board of alteration or abandonment of 
 
 design in sewer to be given 189 
 
 extension of time of, under section 76 and following sections 
 
 of original Act as to draining of houses, &c 195 
 
 to owners or occupiers by district boards and vestries of in- 
 tention to repair streets, not being highways . . . 208 
 penalty on persons beginning to lay foundations of houses 
 
 without giving ... ... ... ... ... ... 212 
 
 of intention to apply for license for keeping slaughter-house 216 
 of action or proceeding against metropolitan board, ves- 
 tries, &c. 222 
 
 to district surveyors by builders, Metropolis Building Act, 
 
 1855 288 
 
 penalty on builders neglecting to give notice of intended 
 
 works 289 
 
 to be evidence of intended works ... ... ... ... 289 
 
 by district surveyor to builder in case of irregularity . . . 289 
 
 metropolitan board to issue forms of 293 
 
 rules as to service of, under Act 307
 
 Ixxviii Index. 
 
 NOTICE continued. PAGE 
 
 as to limitation of time, when clue notice of building erected 
 
 or work done, has not been given 308 
 
 of action 310 
 
 requiring or proposing constant supply of water, to be served 
 on company or metropolitan authority, under Water 
 
 Act, 1871 383 
 
 of regulations of water companies to be delivered to metro- 
 politan authority ... ., 385 
 
 relating to constant supply of water to be published in 
 
 London Gazette, &c. " 386 
 
 when to be given to gas company on complaint as to 
 
 quality, &c., of gas, under Gas Act, 1859 409 
 
 by master or owner of ship carrying petroleum under Pe- 
 troleum Act, 1871 424 
 
 punishment for defacing, under Explosives Act 476 
 
 under Explosives Act to be in writing ; as to service of ... 477 
 under Artizans and Labourers Dwellings Act, 1868, to be 
 
 signed by local authority ... ... ... ... 549 
 
 as to service, &c., of, under Artizans and Labourers Dwell- 
 ings Improvement Act, 1875 ... ... 571 
 
 to gas and water companies, Tramways Act ... ... 506 
 
 in case of interference with sewers ... ... ... ... 506 
 
 of nuisance to local authority under Nuisances Kernoval 
 
 Act, 1855 ... 610 
 
 service of, &c., under Nuisances Eemoval Act, 1855 ... 619 
 not required when complaint made by inhabitant under 
 
 section 13 of Nuisances Kemoval, &c., Act, 1860 ... 634?i 
 by nuisance authority or chief officer of police, pursuant to 
 
 21st section of Sanitary Act, 1866 644 
 
 in London Gazette by secretary of state that enactment in 
 section 35 of Sanitary Act, 1866, in force in district of 
 
 nuisance authority 649 
 
 board, penalty for defacing, injuring, &c ... 213 
 
 to surveyor of pavements, clerks, &c., under General Paving 
 
 Act (Metropolis), of name, place of abode, &c. ... 671 
 
 to repair defective pipes, &c. ... ... 672 
 
 to remove nuisances and annoyances ... ... ... 692 
 
 to remove projection, &c 697 
 
 from metropolitan board to local authority neglecting to 
 
 Bat in force provisions of Artizans and Labourers 
 wellings Act (1868) Amendment Act, 1879 723 
 
 by metropolitan board of preparation of plan of flood 
 works under Thames River Prevention of Floods Act, 
 
 1879 732 
 
 to commissioners of sewers, vestries, &c., by metropolitan 
 
 board of objection to works ... 732 
 
 by commissioners of sewers, vestries, &c., to metropolitan 
 
 board of intention to execute works 734 
 
 consequences of neglect to give notice 734 
 
 by metropolitan board to dock companies as to raising level 
 
 of bank, &c 736 
 
 by companies to metropolitan board as to arbitration ... 736 
 with reference to survey and repair of dangerous or insuffi- 
 cient banks ... 738 
 
 by standing arbitrator, of time and place for arbitration . . . 740 
 as to requisites in, service of, &c. ... ... ... ... 744 
 
 board, penalty for defacing, injuring, &c 213
 
 Index. Ixxix 
 
 PAGE 
 
 Nuisance Authority See Nuisances Removal and 
 Sanitary Acts. 
 
 Nuisance 
 
 discontinuance, closiiig-up, c., of sewer not to create ... 36 
 vestries and district boards to cause sewers to be con- 
 
 structed so as not to be ... ... ... ... ... 39 
 
 vestries and district boards to cause ponds, ditches, c., to 
 
 be cleansed, and as to notice to owners, &c ....... 46 
 
 decisions as to, arising under highway and other Acts . . . 55n 
 from keeping swine ... ... ... ... ... ... 213 
 
 reference to decisions as to, from discharge of sewage into 
 
 streams ...... ............... 79n 
 
 metropolitan board to execute sewerage works so as not 
 tobe ..................... 79 
 
 house in such a state as to be dangerous to passers by an 
 
 indictable nuisance at common law ... ... ... 295n, 
 
 saving in Slaughter-houses Act respecting the general law 
 
 of ........................ 370 
 
 absence of prescribed water fittings to be deemed ... 388 
 
 under General Paving Act, series of sections commencing 
 
 with the 64th .................. 638 
 
 on assessment of compensation under Artizans, &c., Dwel- 
 
 lings Improvement Act, arbitrator may receive 
 
 evidence that premises a nuisance. Amendment Act, 
 
 1879 ..................... 582 
 
 Nuisance Removal and Sanitary Acts 
 
 Nuisances Removal Act for England, 1 855 ......... 604 
 
 definition of nuisance under ............ 606 
 
 extended by Sanitary Act, 1866 ...... ...... 642 
 
 notice of nuisance to be given to local authority ...... 610 
 
 power of entry ... ... ... ... ... ... 610 
 
 proceedings before justices ............ 612, 613 
 
 order for abatement or prohibition ............ 613 
 
 penalty for disobedience of order and entry by local autho- 
 
 rity to remove ... ...... ... ... ... 613 
 
 appeal against order of prohibition ... ...... ... 614 
 
 appeal against order of abatement when structural works 
 
 directed ..................... 614 
 
 costs and expenses ... ... ... ... ... ... 614 
 
 surveyor of highways to cleanse ditches, c. ... .. 615 
 
 616 
 617 
 617 
 622 
 
 laying down sewer and assessment for cost 
 penalty for fouling water by gas washings ... 
 penalty on sale of unwholesome meat, &c. ... ... 
 
 Act not to interfere with navigation of river or canal 
 arising from noxious trades, businesses, processes or manu- 
 
 factures ..................... 618 
 
 reference of case to superior court ... ... ...... 619 
 
 provisions as to procedure ... ... ... ... ... 619 
 
 schedules of forms .................. 
 
 justices, on application of householder, may order removal 
 
 of, under Nuisances Removal Act, 1860 ...... 634 
 
 where water supply is insufficient, by reason of overcrowd- 
 
 ing, proceedings may be taken under ... ...... 197 
 
 power of police with respect to, under Sanitary Act. 
 
 1866 ..................... 642 
 
 3 H
 
 Ixxx Index. 
 
 NUISANCE REMOVAL AND SANITARY ACTS continued. PAGE 
 
 vestries and district boards to be local authorities to 
 
 execute ... ... ... ... ... ... ... 73 
 
 23 & 24 Viet. c. 77, &c., to amend the Acts for the removal 
 
 of nuisances and prevention of diseases 630 
 
 the Nuisances Removal Act for England (Amendment) 
 
 Act, 1863 636 
 
 the Sanitary Act, 1866 638 
 
 nuisance authority referred to mean any authority em- 
 powered to execute Nuisance Removal Acts ... ... 642 
 
 as to persons suffering from dangerous contagious or infec- 
 tious disorder 646 
 
 the Sanitary Act, 1868 656 
 
 the Sanitary Law Amendment Act, 1876 660 
 
 for removal of, and annoyances under General Paving Act, 
 
 repetition of notices unnecessary ... 692 
 
 removal of hog-sties, slaughter-houses, and other nui- 
 
 . 693 
 
 o. 
 
 Obstruction See Projection, Penalty. 
 
 of election of vestrymen, &c. 13 
 
 of officers in execution of duty ... ... 127 
 
 in upon or under sewer ." 198 
 
 Occupier See Owner. 
 
 notice of inspection of drains, &c, to be given to 44 
 
 not relieved from liability to cleanse footpath 66 
 
 penalty on, obstructing execution of works, or not dis- 
 closing owner's name ... ... ... 127 
 
 to pay expenses for which owners are liable, and afterwards 
 
 deduct them from rent ... ... ... ... ... 131 
 
 not to be required to pay more than the amount of rent 
 
 due from him ... ... ... ... 131 
 
 agreements between, and owner, not affected by Act ... 132 
 may claim to be rated, whether owner is liable or not ... 163 
 if overseer refuse, to be deemed to be rated ... ... 163 
 
 rated for one year may vote for election of vestrymen or 
 
 auditors ... ... 164 
 
 only liable for his share of composition with landlord ... 164 
 district boards and vestries may flag footj ath, and charge, 
 
 with cost 206 
 
 district board and vestries may require payment of costs 
 
 and expenses from, who may deduct same from rent, 
 
 but not to interfere with agreement with owner ... 217 
 deduction from rent by, Metropolitan Building Act, 1855 306 
 
 penalty on, where chimney on fire 343 
 
 precautions by, of factory, &c., for gunpowder against fire 
 
 or explosion under Explosives Act, 1875 449 
 
 provision in case of death, &c., of, of stores or registered 
 
 premises 451 
 
 exemption of, of factory, &c., from penalty, upon proof of 
 
 another being real offender ... ... 478 
 
 notice to, of improvement scheme, under Artizans and 
 
 Labourers Dwellings Act, 1875, by placards 565 
 
 designation of, under Nuisances Removal Act, 1855 ... 626
 
 Index. Ixxxl 
 
 Offender See Penalty. PAGE 
 
 against Act, whose name and residence unknown, may be 
 
 seized and brought at once before justices without 
 
 warrant .. ... ... ... ... ... ... 136 
 
 penalties on, against Act, extended to persons causing 
 
 offence 196 
 
 imprisonment of, for wilful act or neglect endangering life 
 
 or limb, under Explosives Act, 1875 ... ... ... 476 
 
 prosecution of ... ... ... ... ... ... ... 479 
 
 power of, in certain cases to elect to be tried on indictment 
 
 and not by summary jurisdiction 479 
 
 appeal by, to quarter sessions 480 
 
 proceedings against, under Sale of Food and Drugs Act, 
 
 1875 591 
 
 Officer 
 
 penalty on, refusing inspection of books 26 
 
 may be appointed by metropolitan board, vestries, and 
 
 district boards ... ... ... ... ... ... 27 
 
 clerk and treasurer not to be the same person 27 
 
 not to be interested in any contract, or exact fees ... ... 27 
 
 may be shareholders in joint stock companies 28 
 
 intrusted with money, to give security ... 28 
 
 to make out and deliver accounts of moneys received and 
 
 paid 29 
 
 in default may be summoned and committed 29 
 
 warrant of distress against goods of 29 
 
 defaulters may be apprehended under warrant, and held to 
 
 bail 30 
 
 may be appointed for two or more parishes conjointly ... 82 
 penalty for obstructing, in execution of duty ... ... 127 
 
 retiring allowances and compensation to, of commissioners 
 
 of sewers 129 
 
 compensation to, of paving boards, &c. ... ... ... 129 
 
 may appeal when claim to compensation rejected ... ... 130 
 
 compensation to, to cease if employed by boards or vestries 130 
 of boards and vestries may seize and detain offenders whose 
 
 name and residence are unknown 136 
 
 joint action of vestries in the election of, under local Acts 137 
 where elected out of vestry may so be elected under this 
 
 Act 137 
 
 metropolitan board, district boards, and vestries may grant 
 
 superannuation allowance to, in certain cases... ... 270 
 
 powers of commissioners to appoint ... ... ... ... 298 
 
 vestries may allow compensation under Fire Brigade Act 
 
 to parish 339 
 
 metropolitan board may, under Fire Brigade Act, turn dis- 
 charged, and men out of houses provided for them ... 343 
 of water companies may enter premises for inspection and 
 
 repair of fittings, under Water Act, 1871 _ 388 
 
 may obtain a sample of food or drug to submit to analyst 
 
 under Sale of Food and Drugs Act, 1875 590 
 
 person refusing to sell any article to, liable to penalty ... 590 
 may obtain sample of milk at place of delivery for purpose 
 of analysis, under Food and Drugs Amendment Act, 
 
 1879 598 
 
 of companies to notify names and places of abode to sur- 
 veyors of pavements under General Paving (Metro- 
 polis) Act 671 
 
 3 H 2
 
 Ixxxii Index. 
 
 Officer of Health PAGE 
 
 as to appointment and payment of, under Artizans and 
 
 Labourers Dwellings Act, 1868 ... 545 
 
 to report as to condition of premises, and deliver same to 
 
 local authority ... ... ... ... 546 
 
 to inspect and report where complaint of premises is made 
 
 by householders 548 
 
 penalty for obstructing, in execution of duty . . . . 552 
 metropolitan board to appoint, in metropolis under Arti 
 
 zans and Labourers Dwellings Act, 1875 .. .. 566 
 
 provision in case of absence of 566 
 
 inquiry on default of, in certain cases ... ; .... >t .. 666 
 
 penalty for obstructing ... ... ... .. ... 571 
 
 definition of, under Artizans and Labourers Dwellings Act, 
 
 1868, Amendment Act, 1879 720 
 
 Offices 
 
 to. b.e provided by metropolitan board, vestries, and dis- 
 
 . tnct boards ... 30 
 
 officers to attend at : '- '..^ ;i W,. ' >v. ... 30 
 
 Official Representation 
 
 definition of, under Artizans and Labourers Dwellings Im- 
 provement Act, 1875 560 
 
 by whom to be made -....' ... 560 
 
 Openings 
 
 Metropolitan Building Act, 1855 279 
 
 Open Space 
 
 as to, near buildings ... ... ... ... 286 
 
 protection of, from encroachment ... ... 358 
 
 metropolitan board may acquire and hold, for benefit of 
 
 public under Open Spaces Act, 1877 361 
 
 right of entry to, may be conveyed to metropolitan board 361 
 metropolitan board to make provisions for, maintaining and 
 
 protecting 362 
 
 metropolitan board to pay out of funds at their disposal 
 
 expenses with respect to ... ... ... ... 362 
 
 Open Spaces Act, 1877 361 
 
 Order in Council 
 
 provisions in local Acts at variance with Act, may be 
 
 varied by 142 
 
 to be published in Gazette 143 
 
 in force for one year 143 
 
 Act may be extended to adjoining parishes by 143 
 
 may direct Petroleum Act, 1871, to apply to other sub- 
 stances 429 
 
 under Explosives Act, 1875 434 
 
 provisions as to, under Explosives Act, 1875 476 
 
 and regulations issued under Diseases Prevention Act, 
 
 1855, to be laid before parliament 602 
 
 may extend to parts and arm of the sea 602 
 
 for temporary supply of medicine by nuisance authority... 659
 
 Index. Ixxxiii 
 
 Order PAGE 
 
 of Justice See Justice. 
 
 of vestries and district hoards as to house drainage and 
 
 other matters ... ... ... ... 42 
 
 of metropolitan board for guidance of vestries as to 
 
 sewerage 82 
 
 vestries and district boards may issue, for levying of rates 97 
 to distinguish in, the sums required for defraying sewerage 
 
 expenses and those required for general purposes ... 97 
 vestries and district boards may refrain from issuing, where 
 
 parish not benefited 99 
 
 appeal to metropolitan board by person aggrieved by, of 
 
 district boards and vestries ... ... ... ... 128 
 
 of boards and vestries not to be quashed for want of form 136 
 appeal against, of district boards and vestries, as to amount 
 
 of expenses, to metropolitan board ... 191 
 
 on appeal against, committee of appeal may quash, confirm, 
 
 vary, &c 180 
 
 extension of time under section 76 of original Act for 
 
 making, by district boards and vestries 195 
 
 of district boards and vestries for raising money required 
 
 for consolidated rate ... ... 254 
 
 rules as to service of, under Building Act, 1855 307 
 
 of secretary of state, Gas Act, 1860 409 
 
 publication of, of privy council, under Destructive Insects 
 
 Acts, 1877 538 
 
 to be laid before houses of parliament ... 538 
 
 Ornamental Ground See Gardens. 
 Overcrowding 
 
 any house so overcrowded as to be dangerous or prej ndicial 
 to the health of the inmates, a nuisance within s. 19 
 of Sanitary Act, 1866 643 
 
 as to insufficient water supply by reason of overcrowding 197 
 
 Overseers of the Poor 
 
 interpretation of term ... ... 144 
 
 provisions of Act to refer to, in parishes where no church- 
 wardens 13 
 
 not complying with Act, guilty of misdemeanor 14 
 
 to levy sums for defraying expenses of vestry and district 
 
 board 97 
 
 to collect rates under Act in same manner as poor rates ... 99 
 
 on default of, to pay rates, collector may be appointed ... 106 
 
 on non-payment of rate by, goods of, may be distrained . . . 106 
 
 to rate occupier on tender of rate 163 
 
 if, refuse to put occupier's name on the rate, occupier shall 
 
 be deemed to be rated ... 163 
 
 to pay over and account for moneys to vestries and district 
 
 boards " 175 
 
 penalties incurred by, for default for twenty-one days ... 175 
 to whom s. 16 of Metropolis Management Act, 1862, does 
 
 not apply 176 
 
 may employ collector to collect rates 176 
 
 to furnish copies of poor rate to metropolitan board, vestries 
 
 and district boards, and to sign and verify same ... 176 
 
 penalty for neglect 176 
 
 penalty under Fire Brigade Act, on non-payment of rate by 342.
 
 Ixxxiv Index. 
 
 Owner See Occupier. PAGE 
 
 in certain cases, to construct drain into common sewer ... 39 
 
 penalty on, for neglect _ 40 
 
 expenses of branching private drains into sewers, may be 
 
 recovered from ... 43 
 
 house drains may be made by vestries and district boards 
 
 at expense of, or occupier ... 43 
 
 where vestry or district board may order contribution from 43 
 penalty on, for neglecting to provide watercloset, &c. ... 44 
 
 to provide watercloset, ashpit, &c 44 
 
 of courts, to pave and drain the same if required by vestry 
 
 or district board ... ... ... 56 
 
 penalty on, for non-compliance ... ... 56 
 
 or occupier to pay expenses of repairing vaults and cellars 57 
 penalty on, or occupier of having underground rooms 
 
 contrary to Act ... ... ... ... ... ... 58 
 
 of houses, to pay expenses of paving new streets 59 
 
 consent of, required, previous to making a thoroughfare 
 
 through any street, &c. ... ... ... 62 
 
 or occupier to remove projections on notice from vestry or 
 
 district board ... ... ... ... ... ... 67 
 
 or occupier to have seven days' notice previous to removal 
 
 of projections ... ... ... ... ... ... 68 
 
 or occupier to pay scavengers for removal of refuse of trades 71 
 justices to determine as to what is refuse of trades ... 71 
 
 or occiipier to mark houses with numbers or names as 
 
 metropolitan board shall direct... ... 83 
 
 or occupier to receive notice when lands required to be 
 
 taken ... 95 
 
 of lands, may on sale, reserve a right of pre-emption ... 96 
 or occupier of property, other than land, to be rated to 
 
 lighting rate, at a rate three times greater than land . . . 105 
 
 to reimburse occupier, expenses paid by him 131 
 
 agreement between, and occupier not to be affected ... 132 
 as to service of notices on, or occupier ... ... ... 132 
 
 interpretation of ... ... 144 
 
 or occupier of land may execute drainage works at own 
 
 expense ... ... 187 
 
 district board or vestry may contribute to expense of works 
 
 executed by, or occupier 187 
 
 expense of constructing sewers in new streets to be borne by 189 
 expenses of constructing sewers where previously there 
 
 were open sewers, to be borne part by, and part by 
 
 board or vestry ... ... ... 190 
 
 of land, to be charged in a less proportion than, of house 
 
 property ... ... 191 
 
 district board or vestry may give notice to, or occupier to 
 
 supply house with water ; or to increase supply . . . 197 
 of land abutting, to pay contribution towards cost of paving 
 
 new streets 206 
 
 notice to, or occupier of intention of boards or vestries to 
 
 repair street not being a highway, how to be given ... 208 
 of court, &c., omitting to drain, works may be done by 
 
 district board or vestry and charged on 208 
 
 to number or mark houses as metropolitan board may 
 
 direct 211 
 
 district boards and vestries may require payment of costs 
 
 or expenses from ... ,.. ... ... ... ... 216
 
 Index. Ixxxv 
 
 OWNER continued. PAGE 
 
 occupier may deduct same from rent payable to 217 
 
 nothing to alter agreement between occupier and 217 
 
 deduction by, paying rent, from the rent paid by him ... 217 
 of dangerous structure to take down or repair same (Metro- 
 politan Building Act, 1 855) 296 
 
 on non-compliance, justice to summon, and make order to 
 
 comply with requisition ... ... ... ... ... 296 
 
 on refusal, commissioners may take down or repair, and 
 
 recover expenses from ... ... ... 296 
 
 if, cannot be found, commissioners may sell structure ... 296 
 if, cannot be found, consent to be given by county court judge 305 
 as to payment of expenses by ... ... ... ... 306 
 
 to set back houses erected at less than prescribed distance 
 
 from centre of road, &c. (Metropolis Management 
 
 and Building Acts (Amendment) Act, 1878 326 
 
 proceedings in case of default by, in compliance with 
 
 notice ' ... .*. 327 
 
 power to, to enter house, &c., to comply with notices or 
 
 orders, upon giving notice to occupier 334 
 
 definition of, under Fire Brigade Act ... ... ... 345 
 
 water companies may issue notice to, and occupier to provide 
 
 prescribed fittings, under Water Act, 1871 387 
 
 to provide prescribed fittings within two months 387 
 
 in case of default, company may provide, &c., fittings, at 
 
 expense of, or occupier ... ... ... ... 387 
 
 notice by master or, of ship carrying petroleum, under 
 
 Petroleum Act 424 
 
 exemption under Explosives Act of, of ship where con- 
 signor, &c., in fault ... ... ... ... ... 478 
 
 may appeal against decision of local authority under 
 
 Artizans and Labourers Dwellings Act, 1868 547 
 
 to signify local authority as to willingness to execute 
 
 works ... ... ... ... ... ... ... 548 
 
 service of notice on, whose name and residence are known 548 
 where not known ... ... ... ... ... ... 549 
 
 remedies of, for breach of covenant 550 
 
 to execute works as specified by local authority ... ... 550 
 
 proceedings in case of neglect ... ... 550 
 
 Avhere two or more, and one neglects, application to be 
 
 made to justices ... ... ... ... ... ... 550 
 
 grant of annuity as compensation to, on completion of 
 
 works 550 
 
 may require local authority to purchase premises under 
 
 Amendment Act, 1879 721 
 
 designation of, xxnder Nuisances Kemoval Act, 1855 ... 620 
 definition of, under Thames Eiver Prevention of Floods 
 
 Act, 1879 731 
 
 power of entry to, when liable to execute flood works ... 734 
 
 p 
 
 Pargeting 
 
 flues 281 
 
 Parish See Vestry, Vestryman. 
 
 interpretation of ... ... ... ... ... ... 144 
 
 repeal of 1 & 2 "Will. 4, c. 80, so far as regard?, in sched. 
 
 (A) and (B) 2
 
 Ixxxvi Index. 
 
 PARISH continued. PAGE 
 
 constitution of vestries ... ... ... 2 
 
 division into wards and proceedings relative thereto ... 3 
 formation of parishes in sched. (B) into districts ... ... 15 
 
 provision in case of alteration of relative number of inhabited 
 
 houses in 15 
 
 duties and powers of vestries of parishes in sched. (A) ... 30 
 
 under other enactments ... 30n 
 
 regulation and government of parishes, sched. (B), to be 
 
 vested in board of works ... ... 15, 30 
 
 expenses of paving, &c., to be deemed expenses incurred 
 
 in execution of Act ... ... ... 49 
 
 provision as to rates already made in, mentioned in sched. 
 
 (A) , 55 
 
 part of, may be placed under control of adjoining, where 
 
 more convenient for purposes of sewerage 82 
 
 order of vestry of, in sched. A. on overseers to levy rates 97 
 part of, placed under control of ad j oining parish, how to 
 
 berated 99 
 
 precept for sums assessed by metropolitan board on, in 
 
 fiched. (A) to be directed to vestry 108 
 
 provision for joint action of vestries of, in scheds. (A) and 
 
 (B) ' ... 137 
 
 Act may be extended to adjoining, by order in council ... 143 
 each electing two members of metropolitan board of works, 
 
 sched. (A) part 1 145 
 
 each electing one member of metropolitan board of works, 
 
 sched. (A) part 2 145 
 
 united into districts for purposes of Act, sched. (B) ... 146 
 and district united for electing one member of metropolitan 
 
 board, sched. (B), part 3 148 
 
 and places on which Clergy Mutual loan to be charged ... 170 
 containing more than 2,000 rated householders on future 
 
 census, may be divided into Avards ... ... ... 186 
 
 no proceeding with respect to adjoining parish under 
 
 the 249th section of original Act, without two months' 
 
 notice 186 
 
 Parishioner 
 
 election of vestrymen, &c., by ... ... ... ... 10 
 
 meaning of term ... ... ... ... ... ... I0n 
 
 Park 
 
 boards and vestries not to exercise control over royal or 
 
 public parks, gardens, or pleasure grounds ... ... 141 
 
 powers conferred on metropolitan board by the 44th section 
 of Metropolis Management Act, 1855, extended to 
 applications to parliament for power to provide, &c... 165 
 
 reference to Acts obtained by the board for the forma- 
 tion of parks and other improvements ... 165, 347 
 
 Parliament 
 
 where plans and estimates of works exceed one hundred 
 
 thousand pounds to be sanctioned by 86 
 
 reports of metropolitan board to be laid before (repealed by 
 
 21 & 22 Viet. c. 104, s. 25) 124 
 
 applications to, by metropolitan board for powers to make 
 
 improvements ... ... ,., ... ... ... 85
 
 Index. Ixxxvii 
 
 PARLIAMENT continued. PAGE 
 
 for providing parks, &c 165 
 
 determination by, of application of Thames embankment 
 
 and metropolitan improvement fund 241 
 
 application by, of duty of 4d. on coals, &c 241 
 
 accumulating fund until appropriation of moneys by ... 242 
 annual return to, by metropolitan board of amount of con- 
 solidated stock, application of money raised thereby 
 
 and other particulars 264 
 
 report of metropolitan board, under Fire Brigade Act, 
 
 1865, to be laid before 344 
 
 report of commissioners, under Metropolitan Commons Act, 
 
 1866, to be laid before 351 
 
 confirmation by, of scheme of commissioners by Act of ... 351 
 reference to select committee of, of scheme as to manage- 
 ment of metropolitan commons ... ... ... ... 35 1 
 
 confirmation by, of improvement scheme, under Arti- 
 
 zans, &c., Dwellings Improvement Act, 1 875 561 
 
 Parochial Board 
 
 accounts of, may be audited by auditors under Act ... 122 
 
 Party Structure 
 
 definition of, under Building Act, 1855 .... '...,v' ... 275 
 
 right of building owner in respect of ... ... ... 299 
 
 rights of adjoining owner in respect of ... 300 
 
 rules as to exercise of right by building and adjoining 
 
 owners in respect of 301 
 
 rules as to expenses in respect of 303 
 
 as to expenses to be borne jointly by building and adjoin- 
 ing owners ... ... ... ... 303 
 
 as to expenses to be borne by building owner 304 
 
 account of expenses of, to be delivered to adjoining owner 304 
 
 Party Wall 
 
 definition of, under Building Act, 1855 275 
 
 as to chases in 280 
 
 height of, above roof 280 
 
 rules as to openings in, dividing buildings 286 
 
 height of, first schedule 314 
 
 provisions relating to party structures 298 
 
 Passage See Court. 
 
 Pasture Ground, ratability of, See Land. 
 
 Pavement 
 
 reinstatement of, broken up by works of companies, &c. ... 208 
 as to complaint by householders as to, under General 
 
 Paving (Metropolis) Act ... 664 
 
 as to proceedings in relation to repairs of, &c., under 
 
 General Paving Act 67G 
 
 Paving, &c. 
 
 powers relating to, to be vested in vestries and district 
 
 boards ... ... ... ... ... 47 
 
 expenses of, under existing powers to be deemed expenses 
 
 incurred in execution of Act . 49
 
 Ixxxviii Index. 
 
 PAVING, &c. continued. PAGE 
 
 of courts to be done by owners if deemed necessary by 
 
 vestry or district board ... ... ... 56 
 
 ofnewstreets ... 60 
 
 public buildings and void spaces to continue rateable to 
 
 rates for cost of 102 
 
 provision for discharging existing liabilities under local 
 
 Acts relating to 112 
 
 special provisions respecting, as to Ely Place and mews ... 138 
 of certain streets in St, Pancras, agreement as to ... ... 138 
 
 of new streets, owners of land abutting to contribute to 
 
 cost of 206 
 
 definition of " new street " ... ... ... 226 
 
 provisions in General Paving Act (Metropolis) relating to 
 regulation of streets and suppression of nuisances to 
 apply to metropolis, as defined by Metropolis Manage- 
 ment Acts ... 201 
 
 Act, General (Metropolis), certain provisions of, incor- 
 porated with Metropolis Management Acts 663 
 
 Penalty 
 
 for personating voter, forging or falsifying voting papers, 
 
 &c. 12 
 
 on inspector maki ng incorrect returns 13 
 
 on members of vestries and district boards, and on auditors 
 
 acting without qualification ... ... 24 
 
 on officer refusing inspection of books ... ... ... 27 
 
 on person acting as clerk and treasurer at the same time... 27 
 
 on officer being interested in contract or exacting fees ... 27 
 
 for neglecting to make drains ... ... ... ... 40 
 
 for making drains contrary to order of vestry, &c 43 
 
 on persons erecting houses without watercloset or privy, &c. 44 
 
 for imperfectly making or altering drains ... ... ... 45 
 
 on owner, for neglecting to pave and drain courts and pas- 
 sages 56 
 
 on persons letting or occupying cellars, &c., contrary to 
 
 Act 58 
 
 on companies neglecting to give notice of breaking up 
 
 street 64 
 
 on companies neglecting to reinstate pavements, &c., for 
 
 not fencing same, and lighting same at night 65 
 
 on companies not repairing street damaged by pipe 
 
 bursting ... ... ... 65 
 
 on companies, for neglecting to give notice of repair of 
 
 pipe 66 
 
 occupier not relieved from, neglecting to cleanse footpath 66 
 
 on owner, for neglecting to remove projections 67 
 
 for not erecting hoards during repairs ... 68 
 
 for not satisfactorily erecting or repairing hoarding . . 69 
 
 on scavengers failing to perform duties . . 70 
 
 for obstructing scavengers ... ... ... 70 
 
 vestries and district boards may compound with contractor 
 
 in respect of, for breach of contract ... 89 
 
 for withholding property transferred to vestry or district 
 
 board ... 96 
 
 for refusing to allow clerk of metropolitan board to inspect, 
 
 &c., rates 108 
 
 for refusing inspection of assessment of rate 110
 
 Index, Ixxxix 
 
 PENALTY continued. PAGE 
 
 on clerk, refusing to allow inspection of mortgage register . 117 
 not to be imposed by bye-law unless approved by secretary 
 
 ofstate 125 
 
 for breach of bye-laws 125 
 
 justices may remit .. ... ... 125 
 
 for sweeping dirt, &c., into sewers or drains or into the 
 
 Thames 126 
 
 tinder Metropolitan Police and Thames Conservancy Acts 126n 
 
 for wilfully damaging, &c., lamps 127 
 
 for obstructing officers or workmen in the execution of 
 
 their duty 127 
 
 on occupiers obstructing execution of works, or refusing to 
 
 give owner's name 127 
 
 damage to be made good in addition to ... 135 
 
 every, imposed under Act, not otherwise provided for, may 
 
 be recovered by summary proceedings before justice. . . 135 
 appeal against adjudication as to, to quarter sessions ... 136 
 
 to be sued for within three months ... ... 137 
 
 repealed by Metropolis Management Amendment Act, 
 
 1862, s. 107, which substitutes six months 224 
 
 application of ... ... ... ... ... 137 
 
 for refusing or neglecting to furnish copies of poor rate ... 176 
 for branching, &c., sewers in different manner from that 
 
 directed by board or vestry ... ... ... ... 195 
 
 all, under original Act, extended to persons causing 
 
 offences 196 
 
 for proceeding with works contrary to section 63 of 25 & 26 
 
 Viet. c. 102 196 
 
 for not executing works pursuant to sections 73, 74, 76, 81, 
 
 85, and 86 of original Act 196 
 
 where water supply insufficient by reason of overcrowding 197 
 for placing building or encroachment over sewers, in addi- 
 tion to other remedies ... ... 198 
 
 for unauthorized interference with sewers or things con- 
 nected with them _ 199 
 
 for fouling water, or damaging drinking fountains ... 199 
 
 for erecting building beyond general line ... ... ... 206 
 
 for erecting building in new street exceeding the denned 
 
 height 210 
 
 on occupier, for neglecting to number or mark houses as 
 
 directed 211 
 
 for defacing name of street or house 212 
 
 for wrongfully collecting dust, ashes, &c 212 
 
 on persons beginning to lay the foundations of house with- 
 
 outnotice 212 
 
 for affixing bills on lamp-posts, &c., or defacing notice 
 
 boards, &c 213 
 
 for keeping swine in improper situations ... 213 
 
 on persons using cow-houses or slaughter-houses which 
 
 have not been licensed ... ... ... 215 
 
 to be recovered as provided by 11 & 12 Viet. c. 43 ... 220 
 
 provisions of original Act as to, extended to damages, costs, 
 
 or expenses ... ... ... ... ... ... 221 
 
 for non-compliance with rules as to habitable rooms, under 
 
 Building Act, 1855 283 
 
 for non-compliance with rules as to close fires and pipes 
 
 for conveying vapour, &c. ... ... ... ... 283
 
 xc Index. 
 
 PENALTY continued. PAGE 
 
 on builders neglecting to give notice of intended works . . . 289 
 
 for refusal to admit surveyor to inspect building 289 
 
 for non-compliance with order of justice ... ... ... 290 
 
 on Workmen, &c., doing anything contrary to rules of Act 290 
 on persons obstructing building owner entering premises 
 
 to effect works 303 
 
 penalty on building owner failing to execute required 
 
 works 305 
 
 on delay of payment of expenses of party structure by ad- 
 joining owner ... ... ... ... ... ... 305 
 
 recovery of ''^, k r -'V. ; j' : '''... 308 
 
 application of '.';i'.U ;J1 < ... 308 
 
 subject to direction of justice, to be paid to treasurer of 
 
 metropolitan board ... ... ... ... ... 308 
 
 for infringement of rule against using for carriage traffic, 
 
 roads formed for foot traffic 328 
 
 on builder, &c., not erecting buildings in conformity with 
 
 bye-laws 333 
 
 for refusal to admit officers of board to inspect theatres, 
 
 music halls, works, &c 334 
 
 recovery of, under 41 & 42 Viet. c. 32 (Metropolis Man- 
 agement and Building Acts Amendment, 1878) ... 335 
 Summary Jurisdiction Act ... ... ... ... Addenda 
 
 on insurance company not making return as to amount 
 
 insured in respect of property in the metropolis ... 341 
 under Fire Brigade Act, on non-payment of rate by over- 
 seers 342 
 
 recovery of 343 
 
 on occupier, where chimneys on fire ... . . , ... 343 
 for injuring gardens in squares, &c., under Gardens in 
 
 Towns Protection Act, 1863 359 
 
 for establishing anew certain premises within limits of 
 
 Slaughter-houses Act 364 
 
 for obstructing inspector appointed to examine into quality 
 
 and quantity of water 373 
 
 for non-compliance with provisions of Water Act, 1852 ... 374 
 
 for non-compliance with provisions of Water Act, 1871 ... 384 
 
 for offences against regulations of water companies . . . 385 
 
 recovery and application of, under Water Act, 1871 ... 391 
 
 summary proceedings for ... ... ... ... ... 392 
 
 for misconduct of inspectors of gas-meters, under Sale of 
 
 Gas Act, 1859 399 
 
 for counterfeiting stamps for marking meters ... ... 400 
 
 for obstructing meter inspector ... -US'. ;; v.t". ji ... 401 
 
 as to recovery and application of ... ' y.\ ; . . . ... 403 
 
 on gas company failing to provide pipes, or supply of gas 
 
 or of meters, under Gas Act, 1860 ... ... ... 411 
 
 for deficient illuminating power or purity of gas ... ... 412 
 
 recovery and application of... ... 417 
 
 for not having label on vessels carrying petroleum, under 
 
 Petroleum Act, 1871 425 
 
 for refusing information or obstructing officer appointed to 
 
 examine petroleum ... ... ... ... ... 428 
 
 proceedings for ... ... ... ... ... ... 429 
 
 for breach of rules for stores for gunpowder, under Explo- 
 sives Act, 1875 446 
 
 for sale of gunpowder to children ... ... ... ... 4f> ]
 
 Index. xci 
 
 PENALTY continued. PAGE 
 for breach of rales as to package of gunpowder for convey- 
 ance 452 
 
 for breach of bye-laws as to conveyance, &c., of gun- 
 powder ... ... ... ... ... ... ... 453 
 
 for breach of order as to carriage, &c., of specially danger- 
 ous explosives 459 
 
 on and removal of trespassers in factories, &c. ... ... 475 
 
 for throAving fireworks in any thoroughfare ... ... 476 
 
 application of, and forfeiture 480 
 
 for obstruction of promoters in laying out tramway, under 
 
 Tramways Act, 1870 515 
 
 for wilful injury or obstruction to tramway ' ,;^ r ... 515 
 
 on passengers on tramway practising frauds -..: -.'..i ' $ ... 516 
 
 for bringing dangerous goods on a tramway i ;!.*'.;>'' *>' ... 516 
 
 recovery of ... ... ... ... ... 516 
 
 recovery of, under Highways and Locomotive Act, 1878 532 
 
 for offence, nnder Infant Life Protection Act ... ... 541 
 
 application of ... ... ... ... ... ... ... 541 
 
 for preventing execution of Artizans and Labourers Dwell- 
 ings Act, 1868 552 
 
 recovery of 553 
 
 for refusing to sell any article of food or drag to officer, 
 
 under Sale of Food and Drugs Act, 1875 590 
 
 application of ... ... ..."' ' wivfif-.... 593 
 
 for forging certificate or warrant ... :-w]&ti ai Ixwitn. ... 593 
 
 for wilful misapplication of warranty A. -.'jiu:d!.uu"i ... 593 
 
 forfalse label 593 
 
 for obstructing execution of Diseases Prevention Act, 1855 COS 
 for contravention of order of abatement and prohibition of 
 
 nuisance ... ... ... ... 613 
 
 under Nuisances Kemoval Act, 1855, for causing water to 
 
 be corrupted by gas washings 617 
 
 for exposure for sale of unwholesome meat, &c 617 
 
 for obstructing execution of Act ... ... 620 
 
 on occupier obstructing owner in carrying out necessary 
 
 works &i ii*.iVLvi V i;:i.v ..uiw- 620 
 
 as to recovery of ... 620 
 
 for fouling water of well, pump, &c., under Nuisances 
 
 Removal Act, I860 633 
 
 for exposure for sale, &c. of unwholesome food under 
 
 Nuisances Removal Act, 1863 636 
 
 for obstructing officer of health, &c. ... ... ... 637 
 
 on person suffering from infectious disorder entering public 
 
 conveyance, without notice to driver 646 
 
 on person with infectious disorder exposing himself ... 650 
 on persons letting houses in which infected persons have 
 
 been lodging ... ... ... 651 
 
 recovery of, under Sanitary Act, 1866 654 
 
 recovery of, under Sanitary Act, 1868 ... ... ... 659 
 
 on false representations of owner or occupier of house as to 
 
 infectious, &c. disease 662 
 
 for breach of regulations, &c. as to temporary works under 
 
 Thames River Prevention of Floods Act, 1879 ... 733 
 
 recovery and application of ... 745 
 
 Penge, Hamlet of 
 
 question between and Battersea, not to be affected ... 142
 
 xcii Index. 
 
 Pension See Compensation. PAGE 
 
 Petroleum Act, 1871 
 
 interpretation of terms , - 1 -> /;-.v vr ; ... 422 
 
 definition of ... ... ... ... ... 423 
 
 bye-laws as to ships carrying ... ... 424 
 
 notice, by master or owner of ship carrying 
 label on vessels containing petroleum 
 penalty for non-compliance ... ... .'uta. 
 
 regulations as to storage of ... ... ;r, -^w 
 
 mode of granting licenses 
 
 application of Act to other substances 
 testing of, by officer of local authority 
 
 ... 424 
 
 ... 425 
 
 ... 425 
 
 ... 425 
 
 ... 426 
 
 ... 429 
 
 ... 427 
 penalty for "refusing information to,"or obstructing officer 
 
 appointed to examine ... ... ... 428 
 
 search for 428 
 
 directions for testing, to ascertain the temperature at which 
 it gives off inflammable vapour, sched. 1, Petroleum 
 
 Act, 1871 431 
 
 alteration of test, under Petroleum Act, 1879 ... ... 715 
 
 mode of testing ... ... ... ... ... ... 716 
 
 proceedings for offences, penalties, &c., under ... ... 429 
 
 duration of Act 431, and note 
 
 Petroleum Act, 1879 
 
 verification of apparatus ... ... ... ... ... 716 
 
 repeal of part of Act of 1871 716 
 
 mode of testing 1st sched 716 
 
 Pipes See Ditch. 
 
 vestry and district board may substitute, for ditches ... 47 
 
 vestry and district board may alter position of companies' 56 
 notice to be given by companies of taking up pavement to 
 
 lay 63 
 
 companies to repair pavements injured by bursting, &c., 
 
 of ... 65 
 
 notice to be given by companies opening ground to repair, 
 
 and discovering them to belong to another company, 
 
 to be reimbursed expenses 65 
 
 vestry or district board may contract with companies for 
 
 restoring pavements removed by laying, &c 66 
 
 restriction as to communication with, of water companies, 
 
 under Water Act, 1852 377 
 
 gas companies to provide, under Gas Act, i860 409 
 
 service, to be fully charged with gas 412 
 
 as to laying, for conveying gas ... ... 417 
 
 mode of laying 418 
 
 power for metropolitan board to require companies to lay 
 
 new, in subways, under Subways Act, 1868 ... ... 493 
 
 as to existing, in streets in, where there is a subway ... 494 
 
 right of all companies to lay, in subways 494 
 
 to be maintained by companies ... ... 494 
 
 as to supervision of 494 
 
 as to new water, under General Paving (Metropolis) 
 
 Act ... .. 669 
 
 plans of, may be examined by surveyors of pavements ... 670 
 
 surveyor may require repair of, when defective 671 
 
 penalty for non-repair 672
 
 Index. xciii 
 
 Plan PAGE 
 
 of intercepting sewers to "be submitted to commissioners of 
 
 works (repealed by 21 & 22 Viet. c. 104) 87 
 
 of new sewers to be submitted by vestries, &c., to metro- 
 politan board 188 
 
 of works affecting railways or canals to be submitted to 
 
 companies 183 
 
 district surveyor to see, of works carried into execution ... 294 
 
 deposit of maps and, under Artizans and Labourers Dwell- 
 ings Improvement Act, 1875 ... ... ... ... 572 
 
 to be made by board of flood works, under Thames Floods 
 
 Prevention Act, 1879 732 
 
 Pleasure Grounds See Park. 
 Plumstead 
 
 united with Lewisham for electing a member of metro- 
 politan, board ... ... ... ... 20 
 
 Police, Commissioners of See Commissioners 
 of Police. 
 
 Polluted Water in Wells, &e. See Pumps. 
 
 Poor 
 
 all duties, &c., as relate to the management or relief of 
 the, vested in any commissioners, &c., to remain so 
 vested 48 
 
 Poor Rate 
 
 persons appointed to set out wards, &c., to be paid out of 4 
 payment of expenses of elections out of ... ... ... 13 
 
 overseers to collect rates under Act in same manner as ... 99 
 valuation list for time being conclusive evidence of gross 
 
 and rateable value ... ... ... 100 
 
 where vestry of parish in sched. (A.) make, they may levy 
 
 for purposes of Act ... ... ... 106 
 
 assessing and levying rates in places where there is no ... 109 
 occupier may claim to be rated to, whether owner is liable 
 
 or not ... ... 163 
 
 and on tender of amount entitled to have his name put on 163 
 
 compositions for, not to be disturbed 164 
 
 reference to Poor Rate Assessment and Collection Act, 
 
 1869 f;A;v^V, 164n 
 
 liability of landlord to, not altered ... ... ... ... 164 
 
 if tenant claiming to be rated make default, landlord 
 
 liable for 164 
 
 occupier having paid, may vote for election of vestrymen 
 
 or auditors 166 
 
 metropolitan board, and vestries and district boards may 
 
 demand copies of payment for verification of ... 174 
 
 Power of Attorney 
 
 form of, under Commons Act, 1866 ... 364 
 
 Precept 
 
 to be issued for the payment of moneys assessed by metro-* 
 
 politan board 108 
 
 form now in use for precepts of metropolitan board ... 252ra
 
 xciv Index. 
 
 PRECEPT continued. PAGE 
 
 vestries and district boards may pay, out of moneys in 
 
 their hands and reimburse themselves 173 
 
 vestries may include, of metropolitan board in sewers' rate 174 
 to be issued for levying main drainage rate in places in 
 
 sched. (C.) to original Act ... ... ... ... 174 
 
 may be amended or revoked by metropolitan board ... 175 
 metropolitan board to state in every precept all computa- 
 tions required to be made ... ... ... ... 253 
 
 requirements in, issued for the purposes of consolidated 
 
 rate 253 
 
 Premises 
 
 compensation by vestry, &c. for removing existing pro- 
 jections ... ... ... ... ... ... ... 68 
 
 registration of, for keeping of gunpowder, with local autho- 
 rity under Explosives Act, 1875 447 
 
 general rules for registered ... ... ... 448 
 
 interpretation of, under Artizans and Labourers Dwellings 
 
 Act, 1868 547 
 
 interpretation of, under Thames Floods Prevention Act ... 731 
 meaning of term in Metropolitan Water Act, 1871 ... 380 
 
 Prescribed 
 
 meaning of expression in Explosives Act ... ... ... 486 
 
 meaning of, in Tramways A ct 496 
 
 .Prescribed Distance 
 
 definition of expression in Metropolis Management and 
 
 Buildings Acts Amendment ... ... ... ... 325 
 
 Privy See Waterdoset. 
 Proceedings 
 
 notice of, against boards and vestries, for thing done or 
 
 intended to be done under Act... ... ... ... 322 
 
 service of summons, writ, &c., on boards and vestries ... 132 
 minutes of, of vestries and district boards to be entered in 
 
 books 26 
 
 by, or against commissioners under local Acts, not to 
 
 abate 50 
 
 by or against metropolitan commissioners of sewers not to 
 
 abate 86 
 
 annual report of, of metropolitan board to be made out 
 
 and sent to secretary of state, &c. ... ... ... 123 
 
 not to be quashed for AV ant of form... ... ... ... 136 
 
 form of, in county court under Building Act, 1855 ... 307 
 
 in case of default in compliance with notice requiring 
 
 houses to be set back 327 
 
 representation of boards and vestries on, under bankruptcy 
 
 and insolvency 133 
 
 tender of amends for wrongful, under Metropolis Manage- 
 ment or incorporated Acts ... ... 133 
 
 not to be quashed for want of form or removed by ccrtiorari, 
 
 except as provided 136 
 
 legal, under Slaughterhouses Act ... ... ... ... 365 
 
 by board of trade (now Local Government Board) to 
 
 enforce provisions of Water Act, 1852 376 
 
 power transferred to local government board by Public 
 
 Health Act, 1872 372
 
 Indue. XCV 
 
 PROCEEDINGS continued. PAGE 
 
 against water company by attorney-general, Metropolis ' 
 
 Water Act, 1852 . 376 
 
 sanction and limitation of ... ... ... ... ... 376 
 
 under Gas Act, 1859, not to be quashed for want of form, &c. 403 
 secretary of state may direct attorney-general to take, 
 
 against gas companies ... ... ... ... ... 416 
 
 for offences, penalties, &c., tinder Petroleum Act, 1871 ... 429 
 by indictment and contracts not to be affected by Sale of 
 
 Food and Drugs Act, 1875 594 
 
 special provision as to time for, under Sale of Food and 
 
 Drugs Act, 1875 699 
 
 as to, under Nuisances Removal Act against several per- 
 sons for same offence ... ... ... ... ... 620 
 
 under Act not to be quashed for want of form 621 
 
 appearance of local authority in legal 652 
 
 Process See Action, Penalty, Proceedings. 
 Projection 
 
 owner to remove future, on notice from vestry, &e., penalty 
 
 for neglect ... ... ... ... ... ... 67 
 
 vestry or district board may remove existing, on payment 
 
 of compensation ... ... ... ... ... ... 68 
 
 beyond general line, when taken down to be set back ... 202 
 beyond general line, not to be erected without consent of 
 
 metropolitan board ... ... ... ... ... 202 
 
 who may impose conditions ... ... ... ... ... 205 
 
 rules as to, under Building Act, 1855 284 
 
 except as provided, not to extend beyond general line of 
 fronts in street without sanction of metropolitan 
 
 board ... 285 
 
 as to regulation of, and encroachments under General 
 
 Paving Act 696 
 
 Promoters of Tramways 
 
 definition of, under Tramways Act, 1870 503 
 
 to deposit ,4 per cent, on estimate of expenses of construc- 
 tion in prescribed bank ... ... ... ... ... 499 
 
 to publish provisional order by deposit and advertisement 499 
 
 cesser of powers of, at expiration of prescribed time ... 500 
 
 to reinstate road after completion of tramway 505 
 
 to repair part of road where tramway is laid ... ... 505 
 
 differences between, and road authority to be settled by 
 
 arbitration ... ... ... ... 508 
 
 proceedings in case of insolvency of . . . ... ... ... 512 
 
 as to power of sale by ... ... ... ... ... 513 
 
 as to tolls and charges to be taken by 514 
 
 may make certain regulations ... ... ... ... 514 
 
 to be responsible for all damage caused by themselves or 
 
 servants ... ... ... ... ... ... ... 516 
 
 as to arrangements between trustees of turnpike roads and 517 
 
 as to deposit of documents by ... ... ... ... 522 
 
 as to deposit and advertisement of provisional order when 
 
 made 523 
 
 Tramways Act, 1870 496 
 
 Promoters of Undertaking 
 
 meaning of, where used in Lands Clauses Act for purposes 
 
 of Metropolis Management Act 92 
 
 3 I
 
 xcv Index. 
 
 Property PAGE 
 
 transfer of, of commissioners of paving, &c. 50 
 
 of surveyors of highways, transfer of ... 54 
 
 Act not to authorize making a thoroughfare through 
 
 private, without consent of owner ... ... ... 62 
 
 as to right of carrying sewers through private 35 and note, 75 
 
 and note 
 of commissioners of sewers vested in metropolitan board 
 
 of works ... ... ... ... 87 
 
 under Baths and Washhouses Acts, &c 49 
 
 vested in commissioners, &c., acting for parts beyond parish 
 
 or district to be apportioned by metropolitan board... 50 
 not wanted, boards and vestries empowered to sell and 
 
 dispose of... ... ... ... ... ... ... 95 
 
 penalty for withholding, vested in vestry or district board 96 
 rates to be levied on persons and in respect of property rate- 
 able to relief of poor ... ... ... ... ... 101 
 
 existing exemptions of, in respect of sewers' rate to be 
 
 allowed 103 
 
 other than land to be rated to lighting rate, at a rate three 
 
 times greater than land ... ... ... ... ... 105 
 
 provisions for protection of, of boards and vestries 126, 198 
 
 damage done to, to be made good, in addition to penalty 135 
 
 as to, in garden or enclosed ground ... ... ... ... 139 
 
 saving of, of commissioners, under Crown Estate Paving 
 
 Act 140 
 
 saving of, of commissioners of sewers of city of London ... 141 
 
 saving of, of commissioners of turnpike roads ... ... 142 
 
 temporary provision for drainage of, where no proper 
 
 sewer within 200 feet 196 
 
 vested in surveyors of highways, subject to trusts for 
 
 repair of highways, to be vested in boards and vestries 200 
 totals of value of, exempt from sewers' rate to be inserted 
 
 in valuation lists 273 
 
 as to severance of, under Artizaus and Labourers Dwelling 
 
 Improvement Act, 1879 584 
 
 may be sold by commissioners under General Paving Act 710 
 appropriation of, acquired by local authority under Arti- 
 
 zans, &c., Dwellings Act, 1868, Amendment Act, 1879 723 
 
 Provisional Order 
 
 as to, authorising the construction of tramways, under 
 
 Tramways Act, 1870 497 
 
 power of board of trade to make ... 498 
 
 form and contents of ... ... ... ... 498 
 
 as to notices and deposit of documents by promotersintend- 
 
 ing'to apply for ... 498 
 
 to specify nature of traffic on tramway, and tolls and 
 
 charges ... ... ... 490 
 
 as to cost of .,. 499 
 
 promoters of tramway to publish by deposit and advertise- 
 ment 499 
 
 confirmation of, by act of parliament 499 
 
 incorporation of Lands Clauses Act with, 50( ) 
 
 board of trade may revoke, amend, extend or vary . . . 5( )( ) 
 
 metropolitan board may create stock for carrying into effect 503 
 
 as to approval of application by local authority for ... 521 
 
 advertisement of, to contain certain particulars 521
 
 Index. xcvii 
 
 PROVISIONAL OEDER continued. PAGE 
 
 as to deposit and advertisement of, when made ... ... 523 
 
 local government board to submit, to parliament for con- 
 firmation, under Highways and Locomotives (Amend- 
 ment) Act, 1878 532 
 
 Public Building See Building. 
 
 to continue rateable ... ... ... ... ... ... 102 
 
 definition of, under Building Act, 1855 275 
 
 construction of 286 
 
 Public Conveniences 
 
 may be provided by vestries and district boards ... ... 47 
 
 Public Works Loan Commissioners 
 
 advance of money by, on security of consolidated stock ... 248 
 
 Pumps 
 
 vestries and district boards may sink wells and erect pumpa 
 
 in public places for gratuitous supply of water ... 66 
 power for boards and vestries to purchase water from 
 
 springs, &c., for obtaining water supply 91 
 
 not to authorize supply for domestic, manufacturing, or 
 
 commercial purposes 
 
 penalty for disfiguring, injuring, &c., any street-post, 
 
 lamp-post, pump, or building vested in vestry, &c., 213 
 provisions in Sanitary Law Amendment Act, 1874, as to 
 
 polluted water, from well, tank, &c 660 
 
 Purchase See Land, Lands Clauses Consolidation Act. 
 
 of land by vestries and boards ... ... ... ... 91 
 
 application of money received for, ol land when re-sold ... 95 
 
 Purchaser 
 
 exemption of, of stock from enquiries into application of 
 
 money, &c., under Loans Act, 1869 262 
 
 of land to be free from charges ... ... 262 
 
 provision for dealing with sample of food or drug by, when 
 purchased for analysis under Sale of Food and Drugs 
 Act 590 
 
 o. 
 
 Qualification 
 
 of vestrymen ... ... ... 5 
 
 by joint occupation 6 
 
 of auditor 8 
 
 ofvoters ... ... ... ... ... ... ... 9 
 
 Quarter Sessions See Appeal. 
 
 appeal to, against assessment of rate ... ... ... Ill 
 
 appeal to, against adjudication of penalty 136 
 
 court of, may adjourn, and may make such order as seems 
 
 reasonable 136 
 
 may order costs of appeal 136 
 
 Quorum 
 
 of vestries ... 14 
 
 of district boards ... 16 
 
 of metropolitan board of works 22 
 
 3 I 2
 
 xcviii Index. 
 
 E. 
 
 Railway PAGE 
 
 plans of works affecting, to be submitted to company ... 183 
 line of, not to be altered without consent ... ... ... 183 
 
 Rate Collector 
 
 to assist at Avard elections 9 
 
 neglecting to perform duties required by Act guilty of 
 
 misdemeanor ... ... ... ... ... ... 14 
 
 for levying money on default of overseers, &c. ... ... 106 
 
 for collecting assessment on places in sched. (C.) ... ... 110 
 
 for collecting sums for discharging liability of metropolitan 
 
 commissioners of sewers... ... ... ... ... 113 
 
 Rateable Value 
 
 what to be deemed " rental " for purposes of 18 & 19 Viet 
 
 c. 120 (19 & 20 Viet. c. 112, s. 8) 165 
 
 by Valuation (Metropolis) Act, 186!), s. 5, valuation list 
 
 conclusive evidence of IQon 
 
 Rate Sec Assessment, Consolidated Hate, ^lortgaye, 
 
 Poor Eate. 
 interpretation of expression ... ... ... ... ... 144 
 
 expenses formerly defrayed out of highway, to be defrayed 
 
 out of rates under Act ... ... ... ... ... 52 
 
 made previously to Act to be levied and collected, and 
 
 balance paid to vestiy or district board ... ... 55 
 
 made by metropolitan commissioners of sewers to be paid 
 to metropolitan board, or by their order to vestries or 
 district boards ... ... ... ... ... ... 87 
 
 orders of vestries and district boards on overseers to levy 
 
 and pay over sums required 97 
 
 to overseers to make a sewers rate, a lighting rate in 
 
 certain cases, and a general rate ... ... ... 99 
 
 to be levied on persons and in respect of property rateable 
 
 to the poor KM) 
 
 proceedings by, in relation to, and remedies, &c., of overseers 100 
 public buildings and void spaces to continue rateable to, 
 
 for cost of paving ... ... ... ... ... 102 
 
 land to be rated to sewers', at one fourth part of annual value 103 
 exemption in respect of sewers', to be allowed ... ... 103 
 
 existing exemptions of land from lighting, to be allowed... 105 
 on non-payment, distress to issue against goods of overseers 106 
 vestry and district board may on default of overseers pay- 
 ing the amount of, required, and metropolitan board 
 may on default of vestry or district board appoint 
 
 persons to levy 106 
 
 where vestry of parish in sched. (A) make poor, they may 
 
 levy for purposes of Act ... ... ... ... 106 
 
 tenant may, if entitled if Act had not passed, deduct 
 
 sewers', from rent ... ... ... 107 
 
 provisions relating to the assessments of the metropolitan 
 board and payment thereof (repealed by 25 & 26 Viet. 
 
 c. 105, s. 5) 107 
 
 consolidated rate, metropolitan board required to make in 
 lieu of all other rates or assessments authorised to be 
 assessed generally over the metropolis (Metropolitan 
 Board of Works Loans Act, 1869) 251
 
 Index. xcix 
 
 RATE continued. PAGE 
 
 provision for assessing and levying in places in sched. (C.) 
 
 and as to their liability to be rated for sewers 109, 110 
 
 inspection, appeal, &c ... 110 
 
 liabilities payable out of, levied under local Acts, to be 
 
 charged upon rates levied under Act ... ... ... 112 
 
 liabilities charged upon rates under the Metropolitan Sewers 
 Acts to be a charge on districts, &c., in which rates 
 would have been levied if Act had continued in force 113 
 as to improvement, made by commissioners of sewers ... 114 
 in what cases metropolitan board may alter the time for 
 
 making and collecting rates under local Acts... ... 120 
 
 form of mortgage of, sched. (E) ... ... ... ... 159 
 
 form of transfer of mortgage of, sched. (F) ... ... ... 160 
 
 to what extent, may be expended on pleasure grounds ... 166 
 provisions relating to assessments by metropolitan board 
 
 Metropolis Local Management (Amendment) Act, 1862 173 
 mode of assessment of consolidated rate, precepts, esti- 
 
 mates,&c. 252,253 
 
 form of precept 252?i 
 
 special provisions as to securities for Main Drainage Acts, 
 
 securities, &c. ... ... ... ... ... ... 253 
 
 rights in respect of, as between landlord and tenant . . . 254 
 requirements in orders of vestries and district boards in 
 
 orders for raising moneys for ... ... ... ... 254 
 
 liability of places in sched. (C) 286 
 
 in proceedings before justices by vestry, district board, &c., 
 for recovery of rate under Act, one summons only to 
 
 issue " ... 177 
 
 district boards and vestries may defray part of expense of 
 
 constructing private sewers out of sewers' rate ... 191 
 may be made for nagging footpaths, and levied on occupiers 206 
 metropolitan board may under Metropolitan Building Act, 
 1855, pay salaries out of rates under Metropolis 
 
 Management Act, 1855 294 
 
 water companies to prepare account of receipt and expendi- 
 ture of, to be open to inspection, under Water Act, 
 1852 375 
 
 Ratepayer See Vestry. 
 
 Ravensbourne 
 
 part of debt of works to be paid out of main drainage rate 169 
 
 Receiver 
 
 of rates to reimburse mortgagee, may be appointed by justices 118 
 no application for appointment of, to be entertained unless 
 
 sums owing amount to one thousand pounds ... ... Ill 
 
 appointment of, in certain cases, under Metropolitan Board 
 
 of Works (Loans) Act, 1869 261 
 
 Recesses 
 
 Metropolitan Building Act, 1855 279 
 
 Recognizance 
 
 person appealing against rate to enter into ... ... ... Ill 
 
 appellant .against decision of justices, to enter into... ... 136 
 
 inspectors of meters to enter into, under Has Act, 1859 ... 399
 
 c Index. 
 
 Rector PAGE 
 
 where now a member of vestry, to remain so 3 
 
 Referee 
 
 as to regulating inquiries before, appointed under Train- 
 ways Act, 1870 517 
 
 Refuse, Dirt, Dust, Night Soil, Ashes, 
 and Rubbish 
 
 collected by scavengers to be property of vestiy or district 
 
 board,' and may be sold towards expenses 70 
 
 owner or occupier to pay scavengers for removal of refuse 
 
 oftrade ... ... 71 
 
 sewage and, of sewers may be sold or disposed of, so as not 
 
 to be a nuisance ... " 81 
 
 no soil, rubbish, or filth to be swept into sewers, drains, or 
 
 Thames under penalty ... ... 126 
 
 penalty on persons wrongfully collecting ... 212 
 
 district boards and vestries may appoint persons or con- 
 tract for removal of manure and refuse straw from 
 stables or cow-houses ... ... ... ... ... 216 
 
 Register 
 
 to be kept of alterations in names of streets ... ... 84 
 
 of mortgages to be kept ... ... ... ... ... 119 
 
 to be open to inspection by parties interested 194 
 
 metropolitan board to keep, where time is given for pay- 
 ment of contribution ... ... 194 
 
 of store licenses and registered premises to be kept by local 
 
 authority, under Explosives Act, 1875 450 
 
 of houses where two or more infants are nursed for hire, 
 
 under Infant Life Protection Act, 1872 539 
 
 local authority to keep 540 
 
 local authority may refuse to 540 
 
 persons receiving infants to keep 540 
 
 forgery and falsification of ... ... ... ... ... 540 
 
 local authority may strike name off, for neglect, &c. ... 540 
 
 Regulations See Rules. 
 
 water companies may make, under Water Act, 1871 ... 384 
 
 water companies may amend 385 
 
 in default of companies board of trade may appoint person 
 
 to report as to, and may make same ... ... ... 385 
 
 penalty for offences against 385 
 
 notice of, to be delivered to metropolitan authority . . . 385 
 
 confirmation of, by board of trade ... 385 
 
 as to storage of petroleum under Petroleum Act, 1871 ... 425 
 as to factories and magazines for gunpowder under Explo- 
 sives Act, 1875 439 
 
 as to terms of certificate of gunpowder factory 483 
 
 as to those of certificate for gunpowder store 489 
 
 general board of health to issue, under Diseases Prevention 
 
 Act, 1855 601 
 
 local authority to see to execution of ... 601 
 
 Rent 
 
 tenant may, when entitled, deduct sewers rate from ... 107 
 occupier paying expenses for which owner is liable to de- 
 duct snme from ,. , 131
 
 Index. ci 
 
 RENT continued. PAGE 
 
 repealed with altered provisions by Metropolis Management 
 
 Amendment Act, 1862, s. 96 216 
 
 Rental 
 
 meaning of, in sched. to 6 & 7 Will. 4, c. 96 165 
 
 Renteharge 
 
 tithe, redemption of ... 564 
 
 annuity recoverable as, Artizans, &c., Dwellings Improve- 
 ment Act, 1868 351 
 
 may be granted in respect of expenses of works, under 
 " Thames River Prevention of Floods Act, 1879 ... 742 
 
 Repair See Metropolitan Board of Works, District 
 Board, Sewer, Highway, Street, Parti/- Structure 
 
 Repayment 
 
 of money borrowed on mortgage ... ... 117 
 
 to vestry or district board of expenses payable by private 
 
 parties by instalments 131 
 
 Repeal 
 
 of 1 & 2 Will. 4, c. 60, as to parishes in sched. (A) & (B)... 2 
 
 of enactments, inconsistent with this Act ... ... ... 142 
 
 of section 170 of original Act (Metropolis Management, 
 
 1855), except as to matters commenced, &c. ... ... 172 
 
 of part of section 58 of original Act 181 
 
 of section 157 of original Act 182 
 
 of section 35 of original Act ... ... ... 185 
 
 of section 77 of original Act ... ... ... ... ... 194 
 
 of section 143 of original Act, and section 140 of 5 Geo. 4, 
 
 c.142 202 
 
 of proviso to section 106 of original Act ... ... ... 208 
 
 of section 141 of original Act ... ... ... 210 
 
 of section 131 of original Act, and section 35 of Metropo- 
 litan Market Act, 1857 21 
 
 of sections 217, 218, and 219, of original Act 216 
 
 of section 234 of original Act 221 
 
 of section 233 of original Act 224 
 
 of part of section 193 of original Act ... ... ... 220 
 
 of Acts mentioned in third sched. of 32 & 33 Viet. c. 102, 
 
 with exceptions and to extent mentioned 264 
 
 tinder Building Act, 1855 310 
 
 of 8 & 9 Viet. c. 84, with certain exceptions 310 
 
 of part of certain sections of Building Act, 1855 ... ... 333 
 
 partial repeal of unrepealed sections of 14 Geo. 3, c. 78 (Me- 
 tropolitan Fire Brigade Act, 1855) 345 
 
 partial of 3 & 4 Will. 4, c. 90 346 
 
 of sections 55 & 56 of the Building Act, 1855 369 
 
 of part of Water Act, 1852 ... 381 
 
 of certain provisions of Metropolis Gas Act, 1860, as to 
 
 particular companies ... 405re 
 
 of Acts in sched. 2 of Petroleum Act, 1871 431 
 
 of enactments in 4th & 5th sched. of Explosives Act, 
 
 1875 487 
 
 by Locomotive Act, 1865, of sections 5, 9, 11 & 15 of Loco- 
 motives Act, 1861 525 
 
 of section 3 of Locomotive Act, 1861, and section 5 of Loco- 
 motive Act, 1 865, as to England 53!)
 
 cii Index. 
 
 BEPEAL continued., PAGE 
 
 of section 8 of Locomotive Act, 1861, and section 8 of Loco- 
 motive Act, 1865, as to England ... 531 
 
 of paragraph numbered " secondly " of section 3 of Loco- 
 motive Act, 1865, as to England 531 
 
 of 23 & 24 Viet. c. 84 ; 31 & 32 Viet. c. 121, s. 24 ; 33 & 34 
 Viet. c. 26, s. 3 ; 35 & 36 Viet. c. 74, by Sale of Food 
 and Drugs Act, 1875 585 
 
 of 12 & 13 Viet. c. 123, and 11 & 12 Viet. c. Ill, by Nui- 
 sances Removal Act, 1855 604 
 
 of sections 3, 6, 7 and 9, of Nuisances Removal Act, 1855, 
 
 by Nuisances Removal Act, 1860 630 
 
 of sections 2, 3, of Diseases Prevention Act, 1855, by Nui- 
 sances Removal Act, 1860 633 
 
 of section 3 of 23 & 24 Viet, c. 77, by Sanitary Act, 
 
 1866 _... 642 
 
 by Highway Act, 1835. of powers, &c., in General Paving 
 
 Act (Metropolis)./. 663 
 
 of part of section 3 and section 18 of Petroleum Act, 1871, 
 
 by Petroleum Act 1879 719 
 
 of section 2 of Artizans, &c., Dwellings Act, 1868, by Artizans, 
 
 &c., Dwellings Act, 1879 722 
 
 partial, of sections 69 and 70 of original Act as to flood 
 
 works and banks 745 
 
 Report 
 
 of district surveyors as to underground rooms occupied as 
 
 dwellings 57,195 
 
 of metropolitan board, to be laid before parliament ... 124 
 vestries and district boards to make annual ... ... 122 
 
 copy of, to be sent to metropolitan board ... ... ... 123 
 
 to be open to inspection ; copies may be sold ... ... 123 
 
 metropolitan board to make, in June of every year 1 23 
 
 by Metropolitan Board of Works Loans Act, 1871, Decem- 
 ber substituted for June... ... ... ... ... 123u 
 
 to send same to secretary of state, &c. ... ... ... 123 
 
 copy to treasurer, Metropolitan Board of Works Loans Act, 
 
 1871 123n 
 
 medical officer of health to make annual, to vestry or dis- 
 trict board 187 
 
 vestries and district boards to append only the annual, of 
 
 officer of health, to their annual ... 187 
 
 to Privy Council under Contagious Diseases (Animals) 
 
 Act, 1878 ; 214 
 
 metropolitan board to make annual, to secretary of state, of 
 Acts done and expenditure incurred under Fire Brigade 
 
 Act 344 
 
 annual, of inclosure commissioners to be laid before houses 
 
 of parliament under Commons Act, 1866 ... ... 351 
 
 contents of ... ... ... ... ... ... ... 351 
 
 by water examiner under Water Act, 1871 390 
 
 by examiner of gas under Metropolis Gas Act, 1860 ... 413 
 tinder Acts relating to certain gas companies ... ... 405?i 
 
 annual, by inspectors under Explosives Act, 1875 465 
 
 of officer of health under Artizans, &c., Dwellings Act, 
 
 1868, as to condition of streets 546 
 
 under Artizans, &c., Dwellings Improvement Act, 1875, 
 
 to confirming authoritv... ... ... 563
 
 Index. ciii 
 
 Reservoir PAGE 
 
 metropolitan board empowered to construct, for clearing, 
 
 cleansing, &c., sewers ... ... ... ... ... Sin 
 
 within a limited distance to be covered, under Water Act, 
 
 1852 371 
 
 Resolution 
 
 formalities necessary for revoking or altering resolutions 
 
 or Acts 25 
 
 Retail Dealing 
 
 in gunpowder ... ... ... ... ... ... ... 447 
 
 Return 
 
 penalty on inspector of votes for making incorrect ... 13 
 to House of Commons (in 1855) as to local and other Acts 
 
 applying to metropolis ... ... ... ... ... 48?i 
 
 to metropolitan board by bodies borrowing money as to 
 
 financial condition, &c. ... ... ... ... ... 259n 
 
 by metropolitan board to parliament with respect to amount, 
 
 application, &c., of consolidated stock ... ... ... 264 
 
 by district surveyor to metropolitan board of notices, 
 
 complaints, &c. ... ... ... ... ... ... 292 
 
 by insurance companies to metropolitan board in respect 
 
 of property insured ... ... ... ... ... 340 
 
 Road And see Street. 
 
 regulations as to breaking up turnpike ... ... ... 96 
 
 repealed by section 33 of 25 & 26 Viet. c. 102, which con- 
 tains substituted provisions 96n 
 
 and footways may be stopped up by metropolitan board to 
 
 execute works ... ... ... ... ... ... 178 
 
 metropolitan board may take land for ... ... ... 178 
 
 sums to be paid by the Duke of Bedford to parties making, 
 on his estate, to be added to the debt of that part of 
 the parish 207 
 
 metropolitan board may place, in different parishes or dis- 
 tricts, under management of one vestry or district 
 board 210 
 
 laid out as streets to be of full width of forty feet for car- 
 riage traffic and twenty feet for foot traffic 218 
 
 to be deemed to be new streets and subject to same regula- 
 tions as ... ... ... ... ... 219 
 
 as to erection of buildings at less than prescribed distance 
 from centre of, being highways, under Buildings 
 Amendment Act, 1878 325 
 
 formed for foot traffic not to be used without consent of 
 
 metropolitan board for carriage traffic, unless widened 328 
 
 interpretation of, under Tramways Act, 1870 496 
 
 Road Authority 
 
 interpretation of term under Tramways Act, 1870 ... 496 
 
 promoters of tramway may contract with, for paving roada 
 
 on which tramways are laid ... ... 506 
 
 differences between, and promoters of tramway to be settled 
 
 by arbitration 508 
 
 reservation of powers of, to widen roads, &c. ... ... 517 
 
 Roof 
 
 as to construction of, under Building Act, 1855 ... ... 280 
 
 height of party walls above ... ... ... ... ... 280
 
 civ Index. 
 
 Rooms (Habitable) PAGE 
 
 Metropolitan Building Act, 1855 283 
 
 Rotherhithe 
 
 Horselyclown, St. Olave, and Southwark united with, to 
 
 elect a member of metropolitan board... 21 
 
 Rubbish See Refuse. 
 
 Rules See Regulations. 
 
 of Metropolitan Building Act, 1855, as to roofs, stairs, 
 
 Avails, &c., of buildings 279 
 
 as to uniting buildings ... ... ... 285 
 
 district surveyors to cause, to be observed ... 288 
 
 penalties on workmen doing anything contrary to ... 290 
 
 metropolitan board may modify, as to thickness of walls 293 
 
 buildings to which, of Act are inapplicable ... ... 293 
 
 metropolitan board may make general ... ... ... 293 
 
 as to exercise of rights by building and adjoining owners 300 
 
 as to expenses in respect of party structures 303 
 
 as to payment of expenses by owners ... ... ... 306 
 
 as to service of notices, summonses, and orders 307 
 
 for the walls of dwelling-houses 315 
 
 for Walls of buildings of warehouse class ... ... ... 317 
 
 of Building Act, 1855, not to apply to buildings of com- 
 missioners of Exhibition of 1851 ... 321 
 
 of water companies, under Metropolis Water Act, 1852 ... 377 
 
 for testing gas meters, under Sale of Gas Act, 1859 ... 400 
 general, for gunpowder factories and magazines, under 
 
 Explosives Act, 1 875 '. ... 440 
 
 special, for regulation of workmen in factories and maga- 
 zines 442 
 
 general, for stores for gunpowder ... ... 445 
 
 penalty for breach of ... ... ... ... ... ... 44(5 
 
 special, for regulation of workmen in stores 446 
 
 general, for premises registered for keeping of gunpowder 448 
 
 general, as to packing of gunpowder for conveyance ... 451 
 
 penalty for breach of 452 
 
 for carrying Tramways Act, 1870, into effect ... ... 518 
 
 for the manner of working locomotives on turnpike roads 
 
 and highways ... 526 
 
 penalty for non compliance .,' : -V, / " MG 
 
 s. 
 
 St. Olave 
 
 united to Horselydown, Eotherhithe, and Southwark to 
 
 elect a member to metropolitan board... ... ... 21 
 
 St. Paneras, Parish of 
 
 maintenance of streets mentioned in an agreement with 
 the London and North-Western Railway Company to 
 be vested in 138 
 
 St. Paul, Covent Garden 
 
 transfer of duties and powers of committee of manage- 
 ment and vestry ... ... ... ... ... ... 226 
 
 S a le See Land, Structure, Tramway, Petroleum, Food, 
 s, Nuisances h'emoral, and Sanitary Ac.i.s,
 
 Index. cv 
 
 PAGE 
 
 Sale of Food and Drugs Act, 1875 ... 585 
 (Amendment) Act, 1879 598 
 
 Sale of Gas Act, 1859 396 
 
 See Gas, Gas and Water Companies. 
 
 Salvage Force 
 
 establishment of, by insurance companies under Fire 
 
 Brigade Act, 1865 344 
 
 Sample 
 
 of food or drug 590 
 
 Sanitary Act, 1866 638 
 
 Sanitary Act, 1868 656 
 
 Sanitary Law Amendment Act, 1874 ... 660 
 
 See Nuisances Bem&val and Sanitary Acts. 
 
 Sanitary Authority 
 
 incorporation of, under Sanitary Act, 1866, where not 
 
 already incorporated ... ... ... ... ... 652 
 
 appearance of, in legal proceedings 652 
 
 Sanitary Inspector 
 
 as to appointment of, xinder Nuisances Eemoval Act, 1855 610 
 
 Saving 
 
 as to baths and washhouses, metropolitan burials, markets, 
 
 and Charitable Trusts Act 49 
 
 of crown estate paving commissioners ... 140 
 
 of commissioners of works and public buildings 141 
 
 of powers of city commissioners of sewers over certain 
 
 parts in sched. (B.) 141 
 
 of metropolitan sewage manure company ... ... ... 141 
 
 of commissioners or trustees of turnpike roads 142 
 
 of metropolitan police commissioners ... 142 
 
 rights and remedies of mortgagees 171 
 
 in local Acts applicable to commissioners of sewers, to 
 
 apply to boards and vestries under Act 128 
 
 of rights as between landlord and tenant, Metropolitan 
 
 Board of Works (Loans) Act, 1869 254 
 
 of rights of the Crown and Duchy of Lancaster under 
 
 41 & 42 Viet. c. 32 336 
 
 in Slaughterhouses Act respecting the general law of nui- 
 sance 370 
 
 under Water Act, 1871, for ordinary powers of water com- 
 panies 393 
 
 as to jurisdiction of courts of law and equity under Gas 
 
 Act, 1860 420 
 
 rights of metropolitan board, district boards, vestries, &c. 420 
 in Explosives Act, 1875, of master of ship and carrier in 
 
 case of emergency 482 
 
 for rockets, gunpowder, &c., on board ship in compliance 
 
 with Merchant Shipping Act, 1854 482 
 
 as to liability under Explosives Act 482
 
 cvi Index. 
 
 SAVING continued. PAGE 
 in Locomotive Act, 1865, of provision in section 41 of 
 
 Thames Embankment Act, 1862 529 
 
 under Nuisances Removal Act, 1855 622 
 
 rights of conservators of river Thames, Crown, &c., under 
 
 Thames Kiver Prevention of Floods Act, 1879 .., 744 
 
 Scaffolding 
 
 not to be erected without license 69 
 
 penalty on improperly erecting ... ... ... ... 09 
 
 if erected without license may be removed 69 
 
 Scavengers 
 
 vestries and district boards to appoint ... ... ... 70 
 
 penalty on, neglecting duties ... ... ... ... 70 
 
 penalty for obstructing 70 
 
 inspector of nuisances to superintend duties of ... ... 72 
 
 owner to pay, for removal of refuse of trades ... ... 71 
 
 not to sweep dirt, &c., into sewers or drains, or into the 
 
 Thames 126 
 
 as to penalties for similar offences under Thames Conser- 
 vancy and other Acts ... ... ... 126 
 
 penalty for so doing ... ... ... ... 126 
 
 as to duties of, under General Paving Act 684 
 
 Scheme See Improvement Scheme. 
 
 memorial for, as to commons under Commons Act, 1866 348 
 
 to be printed and published ... ... ... 340 
 
 objections and suggestions respecting, to be received by 
 
 commissioners ... ... ... ... .. ... 349 
 
 ... 349 
 
 ... 349 
 
 ... 350 
 
 ... 350 
 
 ... 350 
 
 ... 351 
 
 . 351 
 
 final settlement and approval of 
 preparation by commissioners of draft 
 to state what rights are affected 
 printing, and sale of copies of 
 when approved, to be certified 
 confirmation of, by Act of parliament 
 contribution by local authority for purposes of 
 
 reference of, to select committee ... ... ... ... 351 
 
 expenses of, to be defrayed by memorialists, &c. ... ... 351 
 
 amendment of, by commissioners 352 
 
 Search 
 
 power of, under Explosives Act, 1875 ... ... ... 475 
 
 under Petroleum Act 428 
 
 inspection, &c., of animal intended for food ... ... 636 
 
 for gunpowder ... ... ... ... ... ... ... 477 
 
 Secretary of State 
 
 to appoint persons to set out wards ... ... ... ... 4 
 
 lands not to be taken compulsorily, except by the metro- 
 politan board with consent of 92 
 
 to appoint axiditor of accounts of metropolitan board ... 120 
 to be appointed by Treasury instead of by Secretary of 
 State, Metropolitan Board of Works (Loans) Act, 
 
 1871 120)i 
 
 annual report of metropolitan board to be sent to... ... 123 
 
 to lay annual report before parliament 124 
 
 division of parish containing more than 2000 rated house- 
 holders into wards, and appointment of vestrymen 
 
 to be submitted to, who may approve or alter ... 186
 
 Index. evil 
 
 SECRETARY OF STATE continued. PAGE 
 
 cases in which, may make order as to execution of sewer- 
 age works by vestries or district boards beyond limits 
 of metropolis ... ... ... ... ... ... 192 
 
 to appoint gas inspector under Gas Act, 1860 ... ... 409 
 
 gas companies to obey orders of ... ... ... ... 409 
 
 expenses of inquiry under Gas Act, 1860, to be borne as, 
 
 shall direct 409 
 
 may issue form of accounts to be filled up by gas com- 
 panies 415 
 
 may direct proceedings by the attorney-general against 
 
 gas companies ... ... ... ... ... ... 416 
 
 in case of refusal of license under Petroleum Act, 1871, 
 
 applicant may memorialize, or lord-lieutenant . . . 427 
 complaint to, of default by nuisance authority in certain 
 
 provisions of Nuisances Eemoval Act . . ... 653 
 
 proceedings thereon ... ... ... j..v.iu: iu. .>;. ... 653 
 
 Security See Liabilities. 
 
 for faithful performance of duties by officers '. ,,.^dT ... 28 
 
 by rate collector appointed by overseers ... .-.jijj.-HWt^j .. 176 
 metropolitan board, and vestries and district boards, may 
 
 borrow money to pay off existing ... ... ... 117 
 
 nothing in Act to prejudice rights of persons holding ... 171 
 list of securities of metropolitan commissioners of sewers, 
 
 sched. (A.) 228 
 
 for consolidated stock 247 
 
 conversion of existing, into consolidated stock 257 
 
 conversion of, into consolidated stock with approval of 
 
 treasury ... ... ... ... ... ... ... 257 
 
 saving rights of holders of existing ... ... ... ... 263 
 
 by building owner, if required by adjoining owner, under 
 
 Building Act, 1855 303 
 
 to gas companies for payment of gas rate, &c., if required 410 
 
 differences as to, to be determined by a magistrate ... 410 
 
 separation of buildings ... ... ... ... ... 285 
 
 Service Sec Notice. 
 Sewage 
 
 works for interception of ... ... ... ... ... 74 
 
 alteration of description of works, and definition of 
 
 " sewage " in section 32 of 21 & 22 Viet. c. 104 73, 74 
 
 legal proceedings where, discharged into stream ... .... 79u 
 
 reservoirs, sluices, &c. , for emptying sewers 81 
 
 sale or disposal of 81 
 
 Avorks, &c., for deodorization of, pending execution of 
 
 main drainage works ... ... ... ... ... 81?i 
 
 Sewerage See Sewer* 
 Sewer 
 
 statutory interpretation of word ... ... 144 
 
 reference to cases where meaning of, considered 32?i 
 
 main sewers (sched. (D.) to Metropolis Management Act, 
 
 1855) vested in metropolitan board of works ... 73 
 
 enumeration and description of (sched. (D.) ) 149 
 
 modification of term, by enlarged interpretation of " drain" 
 
 (25 & 26 Viet. c. 102) 223
 
 cviii Index. 
 
 SEWER continued. VAGE 
 
 enlargement, contraction, &c., of, within definition of 
 
 " flood works " under 42 & 43 Viet. c. 198 730 
 
 duty of board as to construction of, and works for pre- 
 venting sewage from passing into the Thames in or 
 near to the metropolis ... ... 74 
 
 required by 21 & 22 Viet, c. 104, s. 1, to construct works 
 for preventing, as far as practicable, sewage from 
 passing into the Thames ivithin the metropolis ... 74?t 
 
 extended powers of metropolitan board under that Act for 
 
 constructing main drainage works ... ... ... I7n 
 
 provisions of subsequent Acts in relation to main drainage 
 
 works 18?i 
 
 provisions as to sums assessed for main drainage rate 
 
 (Metropolitan Board of Vr^orks (Loans) Act, 1869) ... 251 
 
 list of main drainage Acts authorizing loans ... ... 265 
 
 reference to Acts relative to sewerage and drainage of 
 
 parts without metropolis ... ... 74?^ 
 
 powers, &c., of board as to construction of, for sewerage 
 
 and drainage of metropolis ... ... ... ... 74 
 
 power to carry through, across or under, &e., turnpike 
 
 roads or any lands whatsoever 75 
 
 repair and maintenance of ... ... ... 75 
 
 compensation for damage ... ... ... 75 
 
 construction, &c., of, so as not to be a nuisance ... ... 79 
 
 power to construct reservoirs, sluices, engines, &c., for 
 
 clearing, cleansing, and emptying ... ... ... 81 
 
 law applicable to discharge of sewage into streams ...79, SOn 
 
 submission of plan of intercepting works to commissioners 
 
 of works (repealed by 21 & 22 Viet, c, 104) 81 
 
 power to metropolitan board to take under jurisdiction 
 
 other matters in relation to sewerage and drainage ... 82 
 
 to make general or special orders for guidance, &c., of ves- 
 tries and district boards in the construction of sewers, 
 &c 82 
 
 powers to make bye-laws relative to communications with 
 
 sewers 124 
 
 power to make bye-laws as to levels, dimensions, construc- 
 tion, &c., of sewers (25 & 26 Viet, c. 102) 209 
 
 powers for purchase or lease of lands for purposes of 
 
 works 91 
 
 penalty for sweeping rubbish, &c., into sewers ... ... 126 
 
 distribution and apportionment of debts incurred by metro- 
 politan commissioners of sewers in construction of 
 sewerage works (25 & 26 Viet. c. 102) 167 
 
 additional powers to board for execution of works ... 178 
 
 power of vestries as to sewerage, &c., not to be transferred 
 
 to metropolitan board without their consent ... ... 1 80 
 
 as to communication between sewers in different parishes, 
 
 compensation, &c. 181 
 
 alteration, &c., of, included in expression " flood works " 
 
 (Thames Floods Prevention Act, 1879) 73l 
 
 construction of sewers by owners or occupiers of land at 
 their own expense, and power to vestries and district 
 boards to contribute ... ... *.. 18? 
 
 directions and regulations as to construction of sewers by 
 Vestries and district boards, and others, and submission 
 of plans to metropolitan board 198
 
 Index. cue 
 
 SEWER continued. PAGE 
 
 appeal to metropolitan board against orders of vestries or 
 district boards as to expense of constructing sewers, 
 wholly or partly at cost of private parties ... ... 192 
 
 as to consent of metropolitan board for construction of 
 
 sewers beyond limits of metropolis ... ... ... 192 
 
 contribution to cost of main sewers ... ... ... 193 
 
 regulations respecting openings into sewers. .. ... ... 194 
 
 abatements, &c., in respect of property wholly or partially 
 
 exempt from ratability for sewers ... ... ... 273 
 
 power to local authority under Artizans and Labourers 
 Dwellings Improvement Act, 1875, to sewer streets and 
 
 land purchased 564 
 
 saving of powers of city commissioners of sewers in relation 
 
 to parts of parishes in sched. (B.) ... ... .. 141 
 
 except main, vested in vestries and district boards .. 31 
 
 vestries and district boards to make and repair 33 
 
 may be carried through, across, or under turnpike road 
 
 street, &c., or any lands whatsoever ... 35 
 
 where person deprived of use of, new one to be made 36 
 conditions on which, may be substituted for private drains 36 
 where there is a liability \>j prescription, tenure, or other- 
 wise, to maintain a sewer or bank, vestry or district 
 board may do works and divide expense with party 
 
 liable ... 37 
 
 examination of law applicable to obligations of individuals 
 
 in respect of sewerage works ... ... ... ... 36?i 
 
 vestries and district boards to supply traps to 39 
 
 not without consent of metropolitan board 180 
 
 to be kept covered and cleansed, so as not to be a nuisance 39 
 where within 100 feet of a house, owner to drain into ... 39 
 works may be done by vestry or district board in default 40 
 where, of a sufficient size, blocks of houses may be drained 
 
 in combination ... ... ... 40 
 
 where no sewer within. 100 feet, drain to be made to covered 
 
 cesspool ... ... 41 
 
 temporary provision for drainage where no proper sewer 
 
 within 200 feet 196 
 
 drains may be branched into, under regulations ... ... 43 
 
 repealed by Metropolis Management Act, 1862, s. 61, which 
 
 introduces new provisions 194 
 
 vestries or district works may branch drains into, at owner's 
 
 expense ... ... ... ... ... 43 
 
 vestry or district board may order contribution towards 
 
 construction of ... 43 
 
 if person improperly make or alter, vestry or district board 
 may, after notice and default, make good the same and 
 
 charge expense 45 
 
 penalty under 25 & 26 Viet. c. 102, ss. 68, 69, for wrongful 
 
 interference with sewers 198,199 
 
 Vestry or district board to cause offensive, to be cleansed 
 
 and covered ... ; 46 
 
 vestry or district board may fill up, open, and substitute 
 
 pipes ... ... 47 
 
 powers and duties of vestries and district boards as to, may 
 be transferred to metropolitan board. (Previous con- 
 sent in writing of metropolitan board necessary for 
 such transfer, 25 & 26 Viet. c. 102, s. 28) 47
 
 ex Index. 
 
 SEWER continued PAGE 
 
 vestries and district boards to appoint persons to cleanse... 70 
 vestries and district boards to distinguish, in their orders, 
 
 the sums required for defraying expenses of cleansing, 
 
 &c. , sewers, and those required for general purposes ... 97 
 
 rates for see Bate ... ... ... ... 99 
 
 buildings not to be erected over or under, \vithout consent 
 
 of board or vestry ... 126 
 
 penalty for building on, or otherwise encroaching on 198, 199 
 
 dirt, &c., not to be swept into ... ... 126 
 
 appeal to metropolitan board against orders of boards and 
 
 vestries with respect to construction of ... ... 128 
 
 three days' notice to be given of intention to connect, with 
 
 main sewer ... ... ... ... ... ... 188 
 
 district board and vestry to submit plan of new sewer 
 
 to metropolitan board ... ... ... ... ... 188 
 
 vestry or district board to sanction the branching of, by 
 
 private persons into main or district ... 188 
 
 before district board or vestry sanctions the construction of, 
 
 to apply for approval of metropolitan board 188 
 
 seven days' notice to be given before, can be branched into 
 
 main sewer 188 
 
 in case of alteration or abandonment of, fresh sanction 
 
 to be obtained 189 
 
 if not constructed within twelve months, fresh application 
 
 necessary ... ... ... ... ... ... ... 189 
 
 expense of constructing, in new street, and street laid out 
 
 since January, 1856 189 
 
 expense of constructing, when previously only open 
 
 sewer ." 190 
 
 in apportioning cost of, under 52nd and 53rd sections, land 
 
 may be charged in a less proportion than house pro- 
 perty 191 
 
 district board or vestry may defray part of expenses out of, 
 
 rates 191 
 
 appeal to metropolitan board against order of board or 
 
 vestry as to amount and apportionment of expenses 
 
 of 191 
 
 may be made by district board or vestry, with consent of 
 
 metropolitan board, &c., beyond limits of metropolis 192 
 no new, to be made by district board or vestry without 
 
 consent of metropolitan board 193 
 
 power of ordering contribution to expense of main sewers 
 
 extended to metropolitan board ... ... ... 193 
 
 or drains, not to be branched, without consent of board or 
 
 vestry 194 
 
 may only be branched in conformity with directions as to 
 
 payment of contribution ... 194 
 
 bye-laws may be made by metropolitan board for the 
 
 guidance of vestries, &c., in the construction of ... 209 
 provisions in Tramways Act, 1870, as to protection of ... 507 
 power to local authority, under Artizans, &c., Dwellings 
 
 Improvement Act, 1875, to sewer, pave,&c., streets on 
 
 land purchased ... 564 
 
 power to local authority under Nuisances Removal Act, 
 
 1855, to lay down sewer, &c., for removal of nui- 
 sances 4 615 
 
 Sewers' Rate See Rate.
 
 Index. cxi 
 
 Ship PAGE 
 
 provisions as to landing, &c., of foreign animals, under 
 
 Contagions Diseases (Animals) Act, 1878 214n, 
 
 bye-laws as to, carrying petroleum, under Petroleum Act, 
 
 1871 424 
 
 notice by master or owner of, carrying petroleum 424 
 
 provision as to owner and master of ship having on board 
 
 dynamite, &c 458 
 
 provision by harbour authority, &c., for conveyance of 
 
 explosives 471 
 
 seizure, &c., of explosives in, under Explosives Act, 1875 . 473 
 inspection of, conveying explosives, oy government in- 
 spector, &c. ... ... ... ... 474 
 
 exemption under Explosives Act, 1875, of master or OAvner 
 
 of, where consignee, &c. in fault ... ... ... 478 
 
 distress and sale of, on non-payment of penalty ... ... 480 
 
 definition of, under Explosives Act 486 
 
 as to cleansing, purifying, &c., and expenses of medical 
 
 officers, under Diseases Prevention Act, 1855 602 
 
 inspection bv sanitary inspector of carcase, meat, &c., landed 
 
 from * 617 
 
 bringing infected person ... ... ... ... ... 647 
 
 Showboard 
 
 (projecting) 67 
 
 Side Entrance 
 
 whether part of sewer ... ... ... 75?i 
 
 Sign, Signpost 
 
 (projecting) 67 
 
 Sinks 
 
 inlets, outlets 647 
 
 Site 
 
 interpretation of, under Metropolis Management and 
 
 Buildings Acts Amendment Acts, 1878 331 
 
 metropolitan board, may make bye -laws with respect to 
 
 sites of buildings... ... ... ... ... ... 331 
 
 Slaughter-houses (Metropolis) Act, 
 
 1874 363 
 
 licensing of 363)i 
 
 regulations as to business of blood -boiler, bone -boiler, 
 manure manufacturer, soap - boiler, tallow - rnelter, 
 
 knacker 364 
 
 regulations as to business of fellmonger, tripe - boiler, 
 
 slaughterer of cattle, &c. ... ... 364 
 
 amendment of law as to, renewal of license for slaughter- 
 house in special session under Metropolis Manage- 
 ment Amendment Act, 1862 367 
 
 powers of inspectors of Privy Council ... 368?i 
 
 Sluice See Metropolitan Board of Works, Reservoir. 
 
 Small Firework Factory 
 
 provision in favour of owner of, who may obtain a license 
 
 from the local authority ... ... 462 
 
 licensing by local authority and regulation of 462 
 
 3 K
 
 cxii Index. 
 
 Smoke PAGE 
 
 Nuisances Eemoval Act, 1855, not to impair powers con- 
 ferred by Act for abatement of nuisances from 
 
 smoke of furnaces, &c., in metropolis, &c 622 
 
 duties of nuisance authority for abating 644 
 
 fireplace or furnace not consuming as far as practicable 
 smoke arising from combustible, a nuisance. Sanitary 
 
 _Act, 1866, s. 19 643 
 
 engines used for water-works to consume their own, under 
 
 Water Act, 1852 373 
 
 steam locomotives to cons time their own, under Locomo- 
 tives Act, 1878 531 
 
 penalty for non-compliance 531 
 
 Soap-boiler See Slaughter houses (Metropolitan) 
 Act, 1874. 
 
 Space, Open See Open Space. 
 Spirits 
 
 as to reduction of strength by admixture of ^water, under 
 
 Sale of Food and Drags Act, 1879 ..." 599 
 
 Square See Street. 
 
 Act not to authorize the taking down of any bar, gate, &c., 
 for any thoroughfare into or from, without consent of 
 
 owner 62 
 
 saving of powers of commissioners under Crown Estate 
 
 Paving Act in respect of gardens or pleasure grounds 140 
 special provision as to gardens in ... ... ... ... 139 
 
 gardens set apart for use of inhabitants of square, crescent, 
 &c., and neglected, may be taken charge of and vested 
 in metropolitan board or other corporate authority, 
 under Gardens in Towns Protection Act, 1863 ... 357 
 
 or vested in a committee of rated inhabitants 358 
 
 bye-laws for management of gardens in ... 359 
 
 Stairs 
 
 rules as to accesses, in certain buildings 283 
 
 Stamp 
 
 stamping and verification of copies of models of gasholders, 
 
 Sale of Gas Act, 1859 398 
 
 penalty for counterfeiting, for stamping or marking meters 400 
 
 Stamp Duty 
 
 on transfers of consolidated stock 250 
 
 composition for, under Metropolitan Board of Works 
 
 (Loans) Act, 1870 250 
 
 creation of consolidated stock for, composition for Metro- 
 politan Board of Works (Loans) Act, 1875 250n 
 
 Steam Vessels 
 
 special provisions as to buildings for machinery for ... 320 
 
 Steps (projecting) 67 
 
 Stock Certificates Act 
 
 to apply to consolidated stock 249
 
 Index. cxiii 
 
 Store PAGE 
 
 licensing and regulation of consumers', for gunpowder, 
 
 under Explosives Act, 1875 444 
 
 general rules for ... ... ... ... 445 
 
 order in council prescribing situation and construction of . 445 
 definition of, and continuing certificate for existing, which 
 
 are to be subject to Act ... ... ... 446 
 
 non-transferability, renewal, and form of license for ... 446 
 
 special rules for regulation of workmen in _ ... 446 
 
 provision in case of death, &c., of occupier of, or registered 
 
 premises ... ... ... ... ... 451 
 
 Street And see Road, HigJiway. 
 
 interpretation of 144 
 
 extended by 19 & 20 Viet. c. 102, s. 112 225 
 
 being highways, and the pavements and other materials 
 
 thereof, to vest in vestries and district boards ... 54 
 
 vestries and district boards to cause streets to be paved ... 57 
 not to remove bars, gates, &c., to prevent thoroughfare 
 
 without consent of owner ... ... ... ... 62 
 
 posts, fences, and rails may be erected at side of, &c... ... 62 
 
 companies not to break up, without consent 63 
 
 except in cases of emergency 63 
 
 breaking up, by companies under superintendence of ves- 
 tries or district boards, and reinstatement ... ... 64 
 
 extension of obligation of companies, &c., as to reinstate- 
 ment of 208 
 
 penalty on failing to reinstate ... ... 65 
 
 where pavement damaged by bursting of pipe, vestry or dis- 
 trict board to give notice to company to repair same . 65 
 broken up by companies may be repaired by vestries, &c., 
 
 and expenses charged ... ... ... ... ... 66 
 
 vestries and district boards may contract with companies 
 
 for restoring ground broken up in ... ... ... 66 
 
 closing of streets by vestries and district boards during 
 
 execution of works ... ... ... ... ... 209 
 
 new street, interpretation of ... ... ... ... ... 226 
 
 provisions for paving, at expense of owners of property ... 59 
 
 extended to owners of land ... ... ... ... ... 206 
 
 notice by vestry, &c., of undertaking to repair street not 
 
 being a highway ... ... ... ... 62 
 
 substituted provisions as to repair of, not being highway 208 
 
 height of buildings in certain new streets ... .. ... 209 
 
 power of vestries and district board to water 66 
 
 occupiers still liable to cleanse footways 66 
 
 crossing sweepers ... ... 67 
 
 notice to owners to remove projections made after Act ... 67 
 projections made before Act may be removed by vestry or 
 
 district board, on notice and payment of compensation 68 
 persons laying out, or building in new, to take precautions 
 
 for preventing accidents ... ... ... 69 
 
 streets to be lighted... 71 
 
 metropolitan board and vestries and district boards may 
 
 carry sewer into, through, &c., any 35, 75 
 
 in different parishes may be placed under management of 
 
 one vestry or district board 82 
 
 as to naming ... 83 
 
 metropolitan board to regulate naming of 83 
 
 3 K 2
 
 cxiv Index. 
 
 STREET continued. PAGE 
 repealed by 25 & 26 Viet. c. 102, s. 87, and substituted pro- 
 visions made ... ... 210 
 
 buildings not to be brought beyond regular line ... ... 84 
 
 repealed by 25 & 26 Viet. c. 102, s. 75, which contains new 
 
 regulations as to general lin e 202 
 
 metropolitan board may make, widen, or improve ... 84 
 
 paving of certain, in St. Pancras, agreement as to ... ... 138 
 
 boards and vestries may, with consent of metropolitan 
 
 board widen and improve ... ... ... ... 200 
 
 width of roads laid out for carriage traffic, and foot traffic . 218 
 prescribed distance from centre of, being highway, Metro- 
 polis Management and Building Acts Amendment 
 
 Act, 1878 325 
 
 not being highway ... ... ... ... ... ... 326 
 
 district boards and vestries may borrow money for im- 
 provement of 219 
 
 requirements as to use for carriage traffic of street formed 
 for foot traffic, Metropolis Management Building Acts 
 
 Amendment Act, 1878 328 
 
 gas companies to light, when required by local authority 
 
 under Gas Act, 1860 411 
 
 provisions with respect to pipes, &c., in new streets of 
 
 metropolitan board, under Subways Act, 1868 ... 493 
 power to break up, for construction of tramways, under 
 
 Tramways Act, 1870 504 
 
 as to reinstatement of . . . ... ... ... ... ... 505 
 
 formation, paving, sewering, &c., of streets upon land pur- 
 chased by local authority, under Artizans, &c., Dwel- 
 lings Improvement Act, 1875 ... ... ... ... 564 
 
 or open place of public resort to come within section 17 of 
 
 Sale of Food and Drugs Act, 1875 599 
 
 repairs and works in, under General Paving Act ... ... 674 
 
 paving of ... ... ... ... ... 680 
 
 widening and improvement of 701 
 
 Structural Work 
 
 under Nuisances Removal Act, 1855 ... ... ... 614 
 
 Structure 
 
 no building, structure, &c., to be erected beyond general 
 
 line without consent of metropolitan board 202 
 
 survey to be made of dangerous, under Building Act, 
 
 1855 295 
 
 where certified to be dangerous, to be shored up, and a 
 
 hoard or fence erected ... ... ... 295 
 
 notice to be given to owner or occupier of dangerous, to 
 
 repair same 295 
 
 if owner refuses to take down or repair dangerous, commis- 
 sioners may do the work, and recover expenses . . . 296 
 if owner cannot be found, commissioners may sell ... 296 
 
 justices may cause inmates to be removed from 298 
 
 transfer of powers of commissioners of police as to, to 
 
 metropolitan board ... . . , ... 322 
 
 expenses of board in respect of 322 
 
 provision as to sale of, under Metropolitan Building Act> 
 
 1855 334 
 
 penalty for refusing to admit purchaser ... ... ... 834 
 
 persons to whom, are sold may enter and remove same . 334
 
 Index. cxv 
 
 STRUCTURE continued. PAGE 
 
 fees for inspection of ... ... ... ... ... ... 319 
 
 party, interpretation of, Metropolitan Building Act, 1855 275 
 provisions relating to ... ... ... 298 
 
 Subway 
 
 power for metropolitan board to require companies to lay 
 
 new pipes in, under Subways Act, 1863 494 
 
 penalty for breach of provision ... 494 
 
 as to existing pipes in streets in which there is a 494 
 
 right of all companies to lay pipes in 494 
 
 acts authorizing making of ... ... ... ... ... 495 
 
 Subways Act, 1868 493 
 
 Summary Jurisdiction See Court of Summary 
 Jurisdiction. 
 
 Summons 
 
 service of, on metropolitan board, and district boards and 
 
 vestries 132 
 
 in proceedings before justices for recovery of rates, one 
 
 only to issue ... ... ... ... ... ... 177 
 
 rules as to service of, under Building Act, 1855 307 
 
 Sunday 
 
 companies to supply water on, under Water Act, 1871 ... 381 
 
 Superannuation Allowances Act, 1866 270 
 Superintending Architect 
 
 of metropolitan buildings to audit accounts of fees by district 
 
 surveyors, under Building Act," 1855 ... ... ... 292 
 
 appointment of ... ... ... ... 294 
 
 not to practice as an architect 294 
 
 may appoint deputy 294 
 
 salary of 294 
 
 to pay moneys received by him to metropolitan board ... 294 
 may enter and inspect theatres, music halls, buildings, and 
 
 works 334 
 
 Supply (Constant) See Water. 
 
 Surety And see Security. 
 
 of officer defaulting, not relieved by proceeding against 
 
 offender 30 
 
 Surplus 
 
 lands and property, power to dispose of 95 
 
 in case of commissioners selling dangerous structure, to be 
 
 given to owner, under Building Act, 1855 297 
 
 how to be applied, if no demand made for it 297 
 
 disposal of land by local authority under Artizans, &c., 
 
 Dwellings Improvement Act, 1879 722,723 
 
 Surveyor of Highways See Highway. 
 
 Swine 
 
 penalty for keeping, in improper situations 213 
 
 keeping of, in front of streets, under 2 & 3 Viet. c. 47, s. 6, 
 
 sub-sect. 5, so as to be a nuisance 213?* 
 
 not to be kept in certain places, nor to wander in streets, 
 
 under General Paving Act ... .., 693
 
 cxvi Index. 
 
 T. 
 
 Table PAGE 
 
 Building Act, 1855, first schedule, Part 1 315 
 
 explanation of ... ... ... , 316 
 
 Tallow-melter See Slaughter-houses (Metropolis) 
 Act, 1874. 
 
 Tank, &C., polluted water in 660 
 
 Tea 
 
 to be examined by the customs, on importation, under Sale 
 
 of Food and Drugs Act, 1875 595 
 
 interpretation of term "exhausted" as applied to ... ... 595 
 
 Tenant See Landlord, Owner, Occupier. 
 
 may, when entitled, deduct sewers' rate from rent ... 107 
 
 agreements between, and landlord, as to payment of rates, 
 
 &c., not affected by Act 132 
 
 if, makes default in payment of poor rate after claim, land- 
 lord to be liable 164 
 
 saving of rights of, under Loans Act, 1 869 254 
 
 nothing in Building Act, 1855, to affect rights or liabilities 
 
 between landlord and ... ... ... 312 
 
 incoming, not to pay arrears of water rate of outgoing 
 
 tenant, under Water Act, 1871 393 
 
 incoming, not to pay arrears of gas rate of outgoing, unless 
 
 by express agreement, under Gas Act, 1860 ... ... 415 
 
 delivery of possession of premises by, under General 
 
 Paving Act 708 
 
 Tender See Amends. 
 
 Tenement 
 
 qualification of occupier of, for election as vestryman by 
 
 rental of ... ... ... 6,n 
 
 small, rating of ... ... ... ... 164?i 
 
 person occupying any, may claim to be rated, whether 
 
 landlord liable or not 163 
 
 Terms 
 
 interpretation or definition of, in 18 & 19 Viet. c. 120 ... 143 
 
 in Metropolis Management Amendment Act, 1862 ... 225 
 
 in Metropolitan Board of Works (Loans) Act, 1869 ... 246 
 
 in Metropolitan Building Act, 1855 275 
 
 in Metropolis Management and Building Acts Amendment 
 
 Act, 1878, part 1 325 
 
 part 2 331 
 
 in Metropolitan Fire Brigade Act, 1865 337 
 
 in Metropolitan Commons Act, 1866 348 
 
 Open Spaces Act, 1877 362 
 
 in Slaughter-houses (Metropolitan) Act, 1874 368 
 
 under Water Act, 1852 378 
 
 under Water Act, 1871 379 
 
 in sale of Gas Act, 1859 396 
 
 in Gas Act, 1860 407 
 
 in Petroleum Act, 1871 422 
 
 in Explosives Act, 1875 435,470,483, 484 
 
 in Subways Act, 1868 493
 
 Index. cxvii 
 
 TERMS continued. PAGE 
 
 in Tramways Act, 1870 496 
 
 tinder Highways and Locomotives Amendment Act, 1878 534 
 
 under Infant Life Protection Act 539 
 
 under Artizans and Labourers' Dwellings Act, 1868 ... 544 
 in Artizans and Labourers' Dwellings Improvement Act, 
 
 1875 572 
 
 in Sale of Food and Drugs Act, 1875 585 
 
 in Nuisances Removal Act, 1855 605, 609 
 
 under Sanitary Act, 1866 643 
 
 under Sanitary Act, 1874 662 
 
 in Petroleum Act, 1879 715 
 
 under Thames River Protection of Floods Act, 1879 ... 730 
 
 Test, Testing See Gas, Petroleum. 
 
 Thames Embankment and Metropolis 
 
 Improvement Fund 
 
 payment of certain duties on coals, &c., to account of ... 241 
 
 definition of, Metropolitan Board of Works Loans Act, 1869 246 
 
 application of ... ... 256 
 
 eventual transfer of, to metropolitan board 256 
 
 Thames, Embankment of, 
 
 reference to statutes relating to 18?i, 2427i 
 
 Thames River 
 
 metropolitan board to execute such works as are necessary 
 to prevent sewage flowing into (Metropolis Manage- 
 ment Act, 1855) 74 
 
 alteration in description of intercepting sewers by 21 & 22 
 
 Viet c. 104, s. 1 73?i 
 
 works on soil or bed of ... ... 75 
 
 approval of, by conservators of ... ... 77n 
 
 metropolitan board to keep, free from banks and obstruc- 
 tions from sewage at outfalls, Thames Navigation Act, 
 
 1870, section 20 , 81n 
 
 prohibition of sweeping soil, rubbish, &c., into sewers, &c., 
 
 discharging into, and penalty 126 
 
 penalty under Thames Conservancy Act, 1864, for putting 
 
 rubbish, &c., into ... 126n 
 
 reference to Rivers Pollution Act, 1876 127?i 
 
 Acts relating to the embankments of 242n, 266 
 
 provisions for freeing from tolls certain bridges over ... 239n 
 restrictions as to taking water from, for supply for domestic 
 
 use (Metropolis Water Act, 1852) 371 
 
 penalty on gas company for causing or suffering gas wash- 
 ings into any stream ... ... ... ... ... 617 
 
 definition of, under Thames River Prevention of Floods 
 
 Act, 1879 731 
 
 (Metropolis Management) Prevention of Floods Act, 1879 727 
 
 Theatres 
 
 metropolitan board may require proprietors of, and certain 
 music halls in use at time of passing of Act, to remedy 
 structural defects, under Building (Amendment) Act, 
 1878 328 
 
 metropolitan board may make regulations as to new, 
 and new music halls with respect to protection from 
 fire 330
 
 cxviii Index. 
 
 THEATRES contimied. PAGE 
 
 architect, &c., of board may enter and inspect music halls, 
 
 buildings, and works ... ... ... ... ... 334 
 
 penalty for refusal to admit 334 
 
 Thoroughfare 
 
 no bar, &c., for preventing, to be removed without consent 
 
 of owner ... ... ... ... ... ... ... 62 
 
 no bar, &c., to be removed without consent, &c., in making 
 
 improvements by district boards, &c. ... ... ... 201 
 
 Tidal \Vaters, Boundaries, &c. 
 
 jurisdiction in, under Explosives Act, 1875 479 
 
 rivers, &c., within flow and re-flow of Thames included in 
 expression " Eiver Thames," Thames Floods Preven- 
 tion Act, 1879 731 
 
 Title 
 
 arbitrator or jury for assessing compensation, no power to 
 
 inquire into ... ... ... ... ... ... 134u 
 
 owner whose land entered on under section 85 of Lands 
 
 Clauses Act not compellable to produce 95n 
 
 evidence of, to lands in award (Artizans, &c., Dwellings 
 
 Improvement Act, 1875) 577 
 
 as to question of, under General Paving Act 707 
 
 Tolls 
 
 enactments for freeing certain bridges from ... ... 239?i 
 
 in default of payment of, by licensee of tramway, carriages 
 
 may be sold under Tramways Act, 1870 510 
 
 disputes between promoters and licensee of tramway as to 
 
 amount of, due, to be settled by justices ... ... 510 
 
 as to, and charges to be taken by promoters of tramway ... 514 
 
 recovery of ... ... ... ... ... 516 
 
 local authority may lease or take 501 
 
 Totals of Rateable Value 
 
 of property exempt from sewers rate to be inserted in 
 
 valuation lists ... ... ... ... ... ... 273 
 
 to be printed by clerk of managers of metropolitan asylum 
 
 district 273 
 
 appeal in case of unfairness in 273 
 
 Towns 
 
 regulations as to construction of tramways in, under Tram- 
 ways Act, 1870 499 
 
 Trade 
 
 refuse of, may be removed by scavengers on payment ... 71 
 
 dispute as to what is refuse of, to be determined by jus- 
 tices 71 
 
 noxious or offensive, as to nuisance from candle-house, &c., 
 or any manufactory, &c., for any trade causing effluvia 
 (Nuisances Kemoval Act, 1855) 618 
 
 absolute prohibition against establishing anew certain, 
 
 within limits of Slaughter-houses Act, 1874 363 
 
 penalty for offending ... ... ... ... ... ... 363 
 
 certain, may be established anew with sanction of local 
 
 authority ... ... ... ... ... ... ... 364 
 
 when to be deemed to be established ane\v ... ... 368
 
 Index. cxix 
 
 Trade (Board of) See Board of Trade. PAGE 
 
 Tramway 
 
 provisional order authorizing construction of, under 
 
 Tramways Act, 1870 497 
 
 by whom may be obtained ... ... ... ... ... 497 
 
 board of trade may dispense with consent of local autho- 
 rity for construction of 497 
 
 deposit by promoters on estimate of expense of construc- 
 tion 499 
 
 regulations as to construction of, in towns 499 
 
 board of trade may authorize two or more local authorities 
 
 to construct 500 
 
 local authority may lease, or take tolls of ... ... ... 501 
 
 as to construction of ... ... ... ... ... ... 503 
 
 mode of formation of ... ... ... 503 
 
 power to break up streets, Scc. for construction of 504 
 
 promoters of to repair part of road where, laid 505 
 
 road authority and promoters may contract for paving 
 
 roads on which, laid 506 
 
 provisions in Act as to gas and water companies ... ... 506 
 
 rights of authorities and companies to open roads on which, 
 
 laid 508 
 
 board of trade may grant license to use, to third parties ... 509 
 
 rules as to carriages to be used on 509 
 
 in default of payment of tolls by licensee of, carriages may 
 
 be detained and sold 510 
 
 licensee of, liable for damage done by carriages, ser- 
 vants, &c 511 
 
 as to removal of, in certain cases ... ... . . 511 
 
 512 
 512 
 513 
 515 
 516 
 516 
 
 proceedings in case of insolvency of promoters 
 
 as to purchase of undertaking by local authority 
 
 as to power of sale of, by promoters 
 
 penalties for injury and obstruction to 
 
 penalty on passengers on, practising frauds 
 
 penalty for bringing dangerous goods on ... 
 
 reservation of right of public to use roads on which, 
 
 laid 517 
 
 reservation of rights of owners, &c., of mines 517 
 
 as to user of road by promoters of 517 
 
 notice and deposit of lease of, by local authority 524 
 
 Tramways Act, 18 7O 496 
 
 Transfer See Loan, Thames Embankment Improve- 
 ment Fund. 
 of powers as to sewerage and drainage by vestries, &c., to 
 
 metropolitan board 47,180 
 
 of powers relating to paving, improvements, &c., to vestries 
 
 and district boards ... 47 
 
 of property ... ... 50 
 
 of mortgages 118 
 
 form of, of mortgage of rates, sched. (F.) ... 160 
 
 of consolidated stock ... ... ... 248 
 
 closing of, books 248 
 
 stamp duty on, of consolidated stock ... ... ... 250 
 
 forgery, &c., of, of stock ... ... ... ... ... 250 
 
 of improvement fund to metropolitan board 256
 
 cxx Index. 
 
 TRANSFER continued. PAGE 
 
 forms of, of consolidated stock, second schedule 266 
 
 to metropolitan board of existing fire offices under Fire 
 
 Brigade Act 338 
 
 to board of powers of parishes as to fire-phigs 345 
 
 Trapped Inlets, &e. ^, v >f '^Sf>< 647 
 
 Treasurer 
 
 and clerk not to be the same person 27 
 
 payment to, by overseers of sums raised pursuant to orders 
 
 of boards and vestries 97,108,175 
 
 Treasury 
 
 certificate of, of amount payable to person appointed to 
 
 set out wards ... ... ... ... ... ... 4 
 
 to appoint auditor of metropolitan board instead of secretary 
 
 of state 120?i 
 
 consent of, for metropolitan board to borrow for purposes 
 
 of main drainage 17 
 
 payment of principal and interest of moneys borrowed for 
 
 main drainage, guaranteed by ... ... 18w 
 
 eventual transfer from, of Thames Embankment Fund to 
 
 metropolitan board 256 
 
 sanction of, for raising money by metropolitan board ... 247 
 tables to accompany bills submitted by metropolitan 
 
 board to parliament for powers to borrow, returns to 
 
 treasury showing rateable value of property, &c. ... 247w 
 approval of, of advances by commissioners for reduction of 
 
 national debt to metropolitan board ... ... ... 248 
 
 /, of annual sum to be carried to consolidated 
 
 loansfund ... ... ... 255 
 
 application of fund according to regulations approved by... 255 
 
 application by, of Thames Embankment fund 255 
 
 additional borrowing powers of metropolitan board with 
 
 sanction of ... ... ... ... ... ... 257 
 
 powers and duties of, with respect to issue of metropolitan 
 
 bills and mode of proceeding in relation thereto 258, 259u 
 loans by metropolitan board to vestries and district boards 
 
 for works appearing to metropolitan board and treasury 
 
 to be permanent works. . . ... ... ... ... 259 
 
 approval, sanction, &c., of, how signified 262 
 
 direction of, as to form of annual returns by metropolitan 
 
 board showing amount of consolidated stock, &c. . . . 264 
 
 contribution by, to expenses of Fire Brigade ... ... 341 
 
 approval of, for appointment of persons by commissioners of 
 
 customs for examination of tea, Sale of Food and 
 
 Drugs Act, 1875 595 
 
 Trespass 
 
 Tender of amends for, committed in execution of Act ... 133 
 
 Tripe Boiler See Slaughter Houses (Metropolis) Act, 
 1874 
 
 Trustees 
 
 saving powers of, of turnpike road ... ... ... ... 14 
 
 empowered to invest trust money in consolidated stock... 262?i
 
 Index. cxxi 
 
 Turnpike Road PAGE 
 
 boards and vestries may breakup, &c 96 
 
 repealed by Metropolis Management Amendment Act, 
 
 1862, which contains new regulations 182 
 
 saving powers of trustees of ... ... 142 
 
 footpaths of, to be under control of boards and vestries ... 142 
 provisions of General Paving Act (Metropolis), not to 
 
 affect 714 
 
 u. 
 
 Umpire 
 
 inspectors of votes may appoint, whose decision shall 
 
 be final 183 
 
 Underground Room See Cellar, House. 
 
 works, map of (Metropolis "Water Act, 1852) 375 
 
 Uniting Buildings 285 
 
 V. 
 
 Vacancy See District Board, Metropolitan Board, 
 
 Vestry. 
 
 Valuation List 
 
 under Valuation (Metropolis) Act, 1869, conclusive evi- 
 dence of gross and rateable value of property ICKtoi 
 
 totals of value of property exempt from sewers rate, to be 
 
 inserted in ... ... ... ... 273 
 
 Valuation (Metropolis) Act, 1869 
 
 reference to provisions of lOOro 
 
 Vault See Cellar. 
 Vestry 
 
 Act 1 & 2 Will. 4, c. 60, for better regulation of, &c., 
 repealed as to scheds. (A) and (B) of Act (subject to 
 
 proviso) 2 
 
 constitution of, in parishes in scheds. (A) and (B) 2 
 
 qualification of persons to be elected for ... 4 
 
 when constituted under Act to supersede any existing 
 
 vestry save as provided 7 
 
 I election by, of auditors where number of wards exceeds 
 
 five ... 8 
 
 of every parish in scheds. (A) and (B) to provide places 
 for election of vestrymen and auditors, and as to 
 
 expenses and provision as to first election 13 
 
 powers to be exercised by majority at meetings, and as to 
 
 quorum 14 
 
 place of meeting of ... 14 
 
 chairman of meeting of ... ... 14 
 
 to elect members of district board 15 
 
 application of, to metropolitan board for alteration in 
 
 numbers of members of district board ... 15 
 
 annual election by, to supply vacancies by expiration of 
 
 office 15 
 
 election by in place of those going out of office 16
 
 cxxii Index. 
 
 VESTRY continued. PAGE 
 
 duty of, in case of casual vacancy 16 
 
 of parish in sched. (A) to be a body corporate 17 
 
 of parishes in sched. (A) to elect members of metropolitan 
 
 board 20 
 
 of parishes united for electing members of metropolitan 
 
 board 21 
 
 disqualification of members ... ... ... 23 
 
 procedure, and affairs of ... ... ... ... ... 23 
 
 duties and powers of, in parishes in sched. (A) 
 
 as to sewerage, drainage, cleansing ditches, &c. 
 
 as to transfer of powers under local Acts, &c. ... 
 
 as to highways ... 
 
 as to paving regulation, and cleansing and manage- 
 ment of streets, and as to vaults, cellars and fences 
 at sides of footways, &c 
 
 as to paving new streets... ... ... 
 
 as to breaking up streets 
 
 as to lighting streets 
 
 as to licensing slaughter-houses, &c 
 
 as to appointment of medical officers and inspectors 
 of nuisances ... ... ... ... 
 
 under Nuisances Removal Acts ... 
 
 as to buildings beyond general line 
 
 as to contracts 
 
 as to purchasing and leasing land, &c.... 
 
 as to assessments, &c., rating ... ... 
 
 as to accounts 
 
 as to bye-laws 
 
 as to damage to or arising from interference with pro- 
 perty of 
 
 under Gas Act, 1860 
 
 under Tramways Act, 1870 
 
 under Artizans, &c., Dwellings Act, 1860, Amend- 
 ment 1879 
 
 under General Paving Act (Metropolis) 
 
 under Thames Floods Prevention Act, 1879 
 
 borrowing powers of 
 
 audit, annual reports ... ... 
 
 provision where vestry in parish in sched. (A) makes poor 
 
 rate 106 
 
 )to make out and publish a yearly list of estates and 
 charities and bequests, with situation and application 
 thereof 123 
 
 claim for compensation for loss by officers of paving board 129 
 as to service of notice on vestry ... ... ... ... 132 
 
 as to parishes in scheds. (A) and (B) acting jointly or in 
 
 union, in exercise of any powers, and as to guardians, 
 
 trustees, &c 137 
 
 where power to make church rate in open vestry existed, 
 
 to continue (19 & 20 Viet. c. 112) 161 
 
 Compulsory Church Rates Abolition Act, 1868 IGln 
 
 powers vested in, in ecclesiastical districts, not affected ... 162 
 except as above, all powers and privileges transferred to, 
 
 under 18 & 19 Viet. c. 120 162 
 
 and except as to powers and duties vested in district 
 
 boards 162 
 
 mode of convening meetings of ... ... ... ... 165
 
 Index. cxxiii 
 
 VESTRY continued. PAGE 
 repeal of 35th section of original Act as to elections of, to 
 
 supply vacancies ... ... ... ... ... ... 185 
 
 vesting in, of duties, powers, &c., vested by 10 Geo. 4, c. 68> 
 
 in the committee of management of St. Pauls, Covent 
 
 Garden 226 
 
 may allow compensation to officers deprived of office (Fire 
 
 Brigade Act) 339 
 
 Act 29 Viet. c. 31, as to superannuation allowances to 
 
 officers of 270 
 
 Vestry Clerk See Overseer. 
 Vestrymen 
 
 number of, for parishes 2 
 
 number of, for wards 3 
 
 secretary of state to appoint person to apportion ... ... 4 
 
 number of, for wards, may be altered ... ... ... 4 
 
 qualification of ... ... ... ... ... ... 4 
 
 joint occupation by ... ... ... ... ... ... 6 
 
 first election of, under Act 6 
 
 full number of, to be elected ... , 7 
 
 existing, superseded ... ... ... ... ... ... 7 
 
 term of office ... ... ... ... ... 7 
 
 vacating office ... ... ... ... ... ... ... 7 
 
 election of, to supply vacancies ... ... ... ... 7 
 
 { not to be auditors ... ... ... ... ... ... 8 
 
 form of notice of election ... ... ... ... ... 9 
 
 each ratepayer to have one vote for ... ... ' . f . fi . ... 11 
 
 disqualification of ... ... ... ... ... ... 23 
 
 may resign office 24 
 
 occupier rated for one year may vote for election of ... 164 
 
 when elected for more than one ward ... 185 
 
 division of parish into wards in case of future increase of 
 
 rated householders ... ... 186 
 
 Victoria Street Sewer 
 
 repayment of sums expended on," out of money raised on 
 
 security of main drainage rate ... ... ... ... 170 
 
 Void Spaces 
 
 to continue rateable 102 
 
 Vote 
 
 each ratepayer to have one for auditors, and one for 
 
 vestrymen 11 
 
 duty of inspectors of 11 
 
 decision of, how far conclusive ... ... 5n 
 
 provision in case of equality of ... ... 12 
 
 personation of parishioner entitled to 12 
 
 of majority to decide questions at meetings ... 16, 22 
 
 when voter qualified to vote at elections 10 
 
 chairman of metropolitan board to have second or casting, 
 
 in case of equal number of ... ... 23 
 
 member of vestry, &c. , being a shareholder of contracting 
 
 companies not to vote on questions in which company 
 
 interested > _ 24 
 
 resolution of metropolitan board authorising expenditure of 
 
 20,000 to be confirmed at subsequent meeting ... 179
 
 cxxiv Index. 
 
 Voting Paper PAGE 
 
 at election of vestrymen and auditors 10 
 
 falsifying 12 
 
 w. 
 
 Wall See Building, House, Cross Wall, External 
 
 Watt, Party Wall. 
 
 structure and thickness of, under Building Act, 1855 ... 279 
 
 rules as to recesses and openings in ... ... 279 
 
 as to power of metropolitan board to alter rules for regula- 
 tion of thickness of 293 
 
 construction of, first schedule ... ... ... ... 314 
 
 thickness of 314 
 
 base of, defined ... ... ... 275 
 
 external, defined 275 
 
 party, defined ... ... ... 275 
 
 cross, defined ... ... ... 275 
 
 length of, first schedule 314 
 
 lootings of 314 
 
 rules for, of dwelling houses, first schedule, Part I. ... 315 
 
 thickness of, of dwelling houses, first schedule, Part I. ... 315 
 substances of which, authorised to be made by Metropolis 
 Management and Building Act Amendment Act, 
 
 1878 331 
 
 external, of building from centre of roadway ... ... 325 
 
 "Wards 
 
 parishes containing, at passing of Act, more than 2,000 
 
 rated householders to be divided into ... ... ... 3 
 
 to be set out by persons appointed by secretary of state ... 4 
 alteration of numbers of vestrymen in case of variation 
 
 in relative numbers of inhabited houses 4 
 
 vestryman elected for more than one ... 185 
 
 elections to fill vacancies in 185 
 
 parish found on future census to contain more than 2,000 
 
 rated householders may be divided into ... ... 186 
 
 not to contain less than 500 rated householders 186 
 
 number of, not to exceed eight 186 
 
 Warehouse 
 
 rules for walls of, under Building Act, 1855, first schedule, 
 
 Part II , 317 
 
 definition of f\..^ ... 317 
 
 Water Act, 1852 
 Water Act, 1871 
 Water 
 
 definition of water companies under Metro'polis Manage- 
 ment Act, 1855 225 
 
 restriction as to sources of supply of, to the metropolis, 
 
 under Water Act, 1852 371 
 
 not to be brought within a certain distance in open 
 
 aqueducts 372 
 
 companies to filter all, supplied for domestic use 372 
 
 proceedings in case of complaint as to quality and quantity 
 
 of ... . 373
 
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