%y^in - «» v-. to » LONDON STATUTES. LONDON STATUTES. A COLLECTION OF PUBLIC ACTS IIELATIXG 8PKCIAJJA' TO THE ADMINISTRATIVE COUNTY OF LONDON AND OF LOCAL AND PERSONAL ACTS AFFECTING THE PO\^'ERS AND DUTIES OF THE LONDON COUNTY COUNCIL FROM 1750 TO 1907. I'REI'AUKD rNDKR THE DTilECTlON OF THE PARLIAMENTARY COMMITTEE OF THE LONDON COUNTY COUNCIL BV G. L. GOMME, €LERK OF THE LONDON COUNTY COUNCIL. AND SEAGER BEHRY, SOLICITOR TO THE COUNCIL. VOL I.— 1750 to 1888. 1907. CO ^■■ PRINTED BY HA/.KI.l, WATSOK AND VINEY, LD.,. LONDON AND AYLESBURY. » « t » f , . • I , C i*^ t I tCCft« ■■ * t * 1 C t * I. < t t « < c L <. l; C C L (. I. 1 - ' J ' I ' ^' ' -sn ~j (/. in >- oc •< oc OQ Preface . Chronological Table ^ Table of Statutes Statutes . Appendix CONTENTS. VOL. I. PAGE V ix xciii 1 799 <;o o VOL. TI. Statutes Index 1 811 C3 OS 38.':3^I) ADDENDA et COIUUGENDA. VOL. I. Page 81, s. 1 of 10 Geo. 4, c. 44, is repealed from the word "although," line 11, p. xi, to the words " for any county," line K^, p. 81, by the Justices of the Peace Act 1!)06, s. 5 (2). 106, s. 7 of 3 & 4 Will. 4, c. 48, is repealed l)y 7 Edw. 7. c. 55, s. 6, 142, 2 k '^ Vict. c. 47, s. 60, add, "as regards London " after " rep." (line 6), and add after " 142 " (line 7), "and paragniph (4) is wholly repealed by the Removal of Offensive Matter Act 1906." 162, at end of s. 2 of 6 & 7 Vict. c. 86, add, " See also 7 Edw. 7, c. 55, ss. 3 and G (2)." 16it, at end of s. 29 of 6 & 7 Vict. c. 86, add, " See 7 Edw. 7, c. 55, s. 4."' 183, add to footnote, to 14 & 15 Vict. c. 28, " See also 4 Edw. 7, c. ccxliv. s. 47, and 7 Edw. 7, c. clxxv. s. 79." 241, 255, on ss. 171 and 242 of 18 & 19 Vict. c. 120, to "Commissioners of Sewers of the City of London," add a footnote, " Now the Mayor, Commonalty, and Citizens of the City of London. See the City of London Sewers Act 1897." 287, 290, ss. 7—12, 25—34, 37, 40, and 41 of 23 & 24 Vict. c. 125, are repealed by 5 Edw. 7, c. civ. s. 20. 399, after '• Citizens of " in the first footnote insert " the City of." 438, s. 41 of 32 & 33 Vict. c. 102, is repealed from " within " (line 21) to " is received " (line 24) by 5 Edw. 7, c. cxliii. s. 24 (2). 442, at end of s. 5 of 32 cfc 33 Vict. c. 115, add, " See 7 Edw. 7, c. 55, s. 3." 444, at end of note on s, 9 (3) of 32 & 33 Vict. c. 115, add, " and 7 Edw. 7, c. 55, s. 1." 461, at end of s. 17 of 34 &35 Vict. c. cxxix. add, " See also 6 Edw. 7, c. cl, s. 17 (3)." 462, ss. 20&32of 34&35Vict. c. cxxix. arerepealedbyGEdw. 7, c. cl. ss. 20 and 21 (1). 462, add to note on s. 31 of 34 & 35 Vict. c. cxxix., " and 6 Edw. 7, c. cl. s. 23." 480, ss. 57 and 58 of 35 & 36 Vict. c. clxiii. are repealed by 6 Edw. 7, c. cl. s. 21 (1). 518, the whole Act (40 & 41 Vict. c. 35) is repealed by 6 Edw. 7, c. 25, s. 23. 558, add footnote to 42 ic 43 Vict. c. cxcviii., " See also 7 Edw. 7, c. clxxv. part vi." 577—583, the whole Act (44 & 45 Vict. c. 34) is repealed by 6 Edw. 7, c. 25, s. 23. 668, add a footnote, "See Appendix," to "Disused Burial Grounds Act 1884" in s. 56 of 48 & 49 Vict. c. clxvii. 69*;— ()98, the whole Act (50 & 51 Vict. c. 32), except so much of s. 4 as amends the Disused Burial Grounds Act 1884, is repealed by 6 Edw. 7, c. 25, s. 23. 697, line 11, add note, " See Appendix," on "the Disused Burial Grounds Act 1884." 730, line 16, the words "other than the oath respecting the qualification by estate " in s. 2 (5) (b) of 51 & 52 Vict. c. 41, are repealed bv the Justices of the Peace Act 1906, s. 5 (2). 753, in the footnote to s. 57 (3) of 51 & 52 Vict. c. 41, for "six months" read "six weeks." 759, at the end of s. 69 of 51 & 52 Vict. c. 41, add, » See also 7 Edw. 7, c. 43, s. 3." APPENDIX. 831, at the end of s. 29 of 33 & 34 Vict. c. 78, add, " See also 7 Edw. 7, c. clxiv. s. 36." 837, at the end of the footnote on s. 46 of 33 & 34 Vict. c. 78, add, " And 7 Edw. 7, c. clxiv. s. 38." 838, at the end of the note on s. 48 of 33 i: 34 Vict. c. 78, add, '• And 7 Edw. 7, c. 55, s. 5." 906, on 48 & 49 Vict. c. 34, add a footnote, " See 7 Edw. 7, c. clxxi. s. 13." 1051, on part ii. of 2 Edw. 7, c. 42, aid a footnote, " See 7 Edw. 7. c. 43. ss. 1, 10, and 15." 1051, add to note on s. 2 of 2 Edw. 7, v. 42, " And 7 Edw. 7, c. 43, s. 4." Addenda et Corrigenda. Page 1052. on part iii. of 2 Edw. 7. c. 42, add a footnote, " See 7 Edw. 7, c. 43, ss. 1, 10, 11, and 13." 1058, add to note on s. 17 of 2 Edw. 7, c. 42, " See 7 Edw. 7, c. 43, s. 6.'" 1058, at the end of the note on s. is of 2 Edw. 7, c. 42, add, "and see 7 Edw. 7. c. 43, s. r>." 1058, add to note on s. lit of 2 Edw. 7, c. 42, •' See 7 E.^; 63 Vict. c. 14, is repealed by 7 Edw. 7, c. 33, s. 1 (2). 411, at the end of .s. 12 of 63 ^: 64 Vict. c. ccxxxviii. add, " See also 7 Edw. 7, c. clxiv. s. 37." 439, at the end of s. 42 of 63 cV 64 Vict. c. cclxx., add, " See also 7 Edw. 7, c. clxiv. s. 38." 449, at the end of s. 12 of 1 Edw. 7, c. cclxxi., add, " and also 7 Edw. 7, c. clxiv. s. 39." 468, at the end of s. 15 (6) of 2 Edw. 7, c. 41, add, " Rep. in part 7 Edw. 7, c. clxxi. s. 34. Remainder spent." 469, the words " within three years after the appointed day" in s. 15 (7) of 2 Edw. 7, c. 41, are repealed by 7 Edw. 7, c. clxxi. s. 34. 483, add to footnote on 2 Edw. 7, c. xxxvi, " and 7 Edw. 7, c. clxxv. s. 77." 496, add to footnote on part ix. of 2 Edw. 7, c. clxxiii., "and 7 Edw. 7, c. clxxv. s. 79." PREFACE. It is now nearly ten years since several of the governing bodies of London r('])r('S(Mited to tlie London County Council the advisa- bility of codifying and consolidating the Acts relating to the local government of London. Mr. G H. Uadford, M.P., who was tlien Chairman of the Parlia- mentary Committee of the Council, took a keen interest in these re- ])resentations, and the Council on the 3rd July 190U, on his motion, referred the matter to the General Purposes Committee, and several conferences were held between the two Committees on this reference. The Committees came to the conclusion that, before codification of the London statutes was attempted, the public and private Acts relating to London local government should be so collated as to show the existing law : and they were also impressed with the fact that the many jirivate Acts of the Metropolitan Board of Works and of the ('ouncil were not accessible in a convenient form. The Council accordingly, on 4th February 19u2, decided, on the recommendation of the General Purposes Committee, that the public and private Acts oi' Parliament relating to the work of the ( 'ouncil should be collated and printed. The preparation of the work was placed under the direction of the Parliamentary Committee, and carried out by the Clerk of the Council in the Parliamentary branch of his dei)artment, under the direct super- vision of Mr. Seao^er Berrv, then Parliamentarv Officer. To decide exactly what Acts the work should comprise involved long and careful consideration, and it was ultimately decided that all ])nblic Acts relating specially to the adminis- trative county of London, and all local and personal Acts affecting the j)owers and duties of the Council, should be included therein ; but that, generally speaking, Acts relating to railways, gas, water, electricity, markets, docks, canals, tramways, ecclesi- astical matters, and charities, and Acts which were special to the citv of London, should be omitted on the urounds that manv of these matters would be more conveniently dealt with in separate works, if so desired, and that their inclusion in the present work would make it too voluminous. The Committee had r1ie advantage of the presence on the V vi Preface. sub-committee who supervised the work of Lord Welby, G.C.B. (a member of the Statute T^aw Revision Committee), Sir Melvill Beaehcroft, Mr. G. H. Radford, M.P., and Mr. T. B. Napier, M.P. Mr. Albert Gray, K.(\ (another member of the Statute Law Revision Committee), at the Committee's reipiest kindly ^ave them some valuable sus'ijestions as to the form the volumes should take. The general principle on which the volumes have been compiled is, followino- the method adopted in the Revised Statutes, to omit from the reprint of the Acts all repealed, obsolete, and super- seded j)rovisions, inserting- a note as to what these provisions were, and how they come to be repealed, obsolete, or superseded as the case may be. Parts of Acts, however, descriptive of public works, such as street improvements and Thames tunnels, have been printed in extenso, as future reference to them may often be necessary, although the works have been completed. For brevitv's sake the enacting words of each Act liave been omitted and sections which mio'ht be termed " common form " sections, and which are fre([uently identical or nearly identical in series of Acts of the same character, have not been on each occasion reproduced, but there is set against the number of each section a brief note of the subject matter, with a reference to the preceding- identical or nearly identical section, and showing in the latter case the slight difference of wording. For the same reason the Council's Money Acts, each of which is in turn almost entirely superseded by the Money Act of the following year, have been printed in a very condensed form. During the preparation of the work it Ijecame evident that there were many Acts which did not strictly come within its original scope, but which were frequently referred to in the iVcts being dealt with, and it was, therefore, decided to add a short Appendix, containing the i)rincipal Acts referred to in the Acts primarily included ; and it is believed that this Appendix adds considerably to the value of the volumes. It was also thought that it would be of assista,nce to add, as has been done, a Chronological Table of the Statutes specially relating to London which were j)assed from 1700 to 1007 (inclusive), with notes showing repeals and amendments of such Acts. It is desired to acknowledge the valuable help obtained from well-known books of reference, such as Chitty's Statutes, the Revised Statutes, Mr. Macmorran's "Local Government Acts," Mr. John Hunt's " London Local Government," Messrs. Michael and Will's "Gas and Water Acts," and the "Law of Public Education," by Messrs. Edwardes Jones and Sykes. Preface. vif The work has l^een upwards of rive years in preparation — a period wliich may not be considered excessive, having regard to its magnitude, and to the fact that it lias had to be mainly pro- duced in sucli spare time as couhl be devoted to it by a busy staff, who, indeed, have gladly given up many hours of their own time in order to further its progress. During this pei'iod there have been, as might be expected, rej)eals of matter wliich was already in print. These repeals are dealt with in the table of Acldc.iula et (.'oniyenda, which appears in the })reliminary pages of the iirst volume. Although every care has been taken to make the work as accurate jis possible, it can hardly be expected that no errors have crept into it. The Clerk of the Council desires to say that he will ])e grateful to any readers who may be good enough to communicate to him errors which they may discover. It is believed tliat these volumes, with the aid of the Index (which has been a mutter of special consideration), may, at any rate, serve the purpose of placing before members of the Council, and any of the public who may be interested in such matters, a great deal of the law relating to London, particularly the law contained in private Acts, in a more accessible and convenient form than they have hitherto been able to find it. It is hoped that, if this work is found to be of value, it may be practicable to keep it up to date by the issue of annual volumes, which would include notes of any future repeals and amendments of the Acts contained in this work. Mr. 0. T. Williams, B.A. (Lond.), of the .Aliddle Temple, Barrister- at-Law, has assisted most materially in the preparation of the work. Mr. Seager Ikrry, on his appointment as Solicitor to the Council, continued to edit and superintend the volumes and to see them through the press. G. L. GOMME, Cle>-k of the Coztncil. SEAGEIl EEERY, Solicitor to the Council. CocNTY Hall, SruiNO Gardkns, 3Ut October 1907. CHRONOLOGICAL 'IWIUJ^ OV S'lWri'^rES KELATIXG SPECIALLY TO LONJ)ON PROM 3 700 T(J 11)07 Note. — The repeals, etc. of Acts set out in this work are noted thereon and are not noted in this table. Year, statute and cliaiiter. Subject matter. Repeals, etc. 12 & 13 Will. 3 (1700-1) c. 7 British Museum (C o t t o n i a n Library). c. 13 Greanwicii Hospital. c. 20 (Priv.) City of London (transfer of certain lands). c. 26 (Priv.) Road from Chancery Lane to Lincoln's Inn Fields. 1 Ann ( 1 702) sess. 1, c. 26 Port of London. c. 46 (Priv.) Suffolk Place, Soutlnvark (im- provements). Sess. 2, c. 6 Escapes from Queen's Bench and Rep. in part 50 & 51 Vict. c. 59 Fleet Prisons (S.L.R.); 51 & 52 Vict. c. 3 (S 56 & 57 Vict. c. 61. .L.R.); c. 12 St. Paul's Catliedral, London. c. 7 (Priv.) Road from Chancery Lane to Lincoln's Inn Fields. c. 21 (Priv.) St. Martin-in-the-Fields (poor, etc. ). 2 & 3 Ann (1703) c. 31 (Priv.) Lincoln's Tim Fields (building leases). 4 Ann (1705) c. 24 Thames watermen . . Rep. 7 & 8 Geo. 4, c. ixxv. 5 Ann (170(1) c. 9 Escapes from Queen's Bencli and Rep. in part 50 & 51 Vict. c. 55 ; Fleet Prisons 50 & 51 Vict. c. 5il (S.L.R.). c. 12 Enlartrintr the passage to New Palace Yard througli tlie Gate- house. c. 30 Britisli Museum. c. 26 (Priv.). C'lielsea College. 6 .\nn( 1706-7) c. Hi City of London (brokers) . . Rep. in part 57 Geo. 3, c. Ix. ; 30 ct 31 Vict. c. 59 (S.L.R.) ; 50 & 51 Vict. c. 59 (S.L.R. ). 7 Ann (1708) c. 6 Smithfield Ma,rk.>t Rep. 30 & 31 Vict. c. 59 (S.L R.). c. It City of London (Commissioners of Sewers). c. 20 ]\Iiddlesex Registry Rep. in part 24 & 25 Vict. c. 95 ; 50 & 51 Vict. c. 59 (S.L.R.) ; 54 & 55 \'ict. c. 64 ; remainder rep. 63 & 64 Vict. c. 26. 9 Ann (1710) c... Building oi ."iO clun-ches in London and Westminster (duties on coal). c. 26 Thames fishery Rep. 31 ct 32 Vict. c. 45. c. 16 (Priv.) Stepney Church (advowson). Chronoloqical Table of Statutes relating speciaAl'/ 'to London from 1700 to 1U07. Year, statute and chapter. Subject matter. Repeals, etc. 9 Ann (1710) {cont.) c. 27 (Priv.) Vesting of certain land adjoining Piccadilly in trustees, to dis- charge a debt to the Cro%vn. 10 Ann (1711) c. 11 c. 17 Building of .50 churches in London and Westminster (extension of time). Greenwich Hospital Rep. 4 & 5 Will. 4, c. 34. 12 Ann (1712) c. 17 Building of .50 churches in London and Westminster (vesting portion of the Strand in the Commis- c. 1 (Priv.) Sess. 2, c. 17 sioners). St. Leonard, Shoreditch (repairing highway) . . Thames navigation Rep. 29 Geo. 3, c. 96 (Priv.). Rep. in part 34 & 35 Vict. c. 59 (S.L.R.). 1 Geo. 1. sess. 2 (17U-(i) c. 18 Billingsgate ^larket Rep. 31 & 32 Vict. c. 45. c. 23 c. 57 c. 25 (Priv.) c. 37 (Priv.) 3 Geo. 1 (1716-7) c. 4 (Priv.) c. 5 (Priv.) c. 14 (Priv.) 4 Geo. 1 (1717-8) c. 5 c. 14 c. 4 (Priv.) c. 5 (Priv.) 5 Geo. I (1718-9) c. 26 Rep. 30 & 31 Vict. e. 39 (S.L.R.). Rep. 7 Geo. 4, c. Ixxvi. Rep. 29 Geo. 3, c. 96 (Priv.), ^linisters of the 50 new chiu"ches in London and Westminster. Hackney coaches (London and Westminster) Repairing the higliways between Tybui'n and L^xbridge St. Leonard, Shoreditch (repairing highway) . . Repairing the highways between Highgate and Hampstead. St. Alary, Rotherhithe (parish church). Kensington (repairing highways). St. Michael, Cornhill (parish church). Building of 50 new chm-ches in London and Westminster. I Amending the roads from the City \ of London to East Grin.stead and to Kingston . . . . • • r Rep. 25 Geo. 3, c. 1 1 7. Repairing the highways from Kent Street to Lewisham . . . . ;J Keeping of gimpowder (London I and Westminster) . . . . Rep. 1 1 Geo. 3, c. 35. c. 14 (Priv.) City of London (agi-eement with the governors of the schools founded by Erasmus Smith). 6 Geo. 1 (1719-20) c. 6 c. 26 c. 30 (Priv.) c. 32 (Priv.) Carriage of meal (London and Rep. in part 11 Geo. 3, c. 51 ; 5 & 6' Westminster) . . . . . . Will. 4, c. 50. Repairing the highways from Kent Street to Lewisham . . . . Rep. 25 Geo. 3, c. 117. Manor of Fiilham (exchange of lands). St. Alartin-in-the-Fields (rebuild- Rep. Westminster Order in Council* ing church) . . . . . . ! 1901. ('hroiiologicaL 'L'ahh' oj -Stdtates rrlatint/ .sjjf^cialli/ "to London j'roiii 171. Rep. 7 & 8 Geo. 4, c. Ix.xv. Discontinued 29 & 30 Vict. c. 105. 1 1 Geo. 2 (1737-8) c. 12 c. 13 c. 15 c. c. •>r» c. 29 e. 30 c. 35 c. 36 12 Geo 2 (1 738- 9) c. 9 c. 17 c. 32 0. 33 13 Geo. 2 (1 739- -40) c. 16 ExiDired. See 34 & 35 Vict. c. 116. Lastage and balltxstage in the Thames St. 3Iary, Rotherhithe (rebuilding of chiu'cli). Sale of coal (Port of London). St. Leonard, Shoreditcli (rebuild- ing of church). Westminster Bridge KingslandRotul and Hackney Roads Rep. 1 & 2 Geo. 4, c. c.xii. Greenwidi Hospital. I Christ Church (niglitly watch and | beadles) . . . . ' . . . . Rep. 12 Geo. 3, c. 38. Repairing rotuls (Westminster Rep. U) & 17 Vict. c. 4Ji. Ferry to New Cross) Woolwich Cluircli. St. Catliarine Coleman, Fenchurch Street (rebuilding of the new church). New River Company \\'estminster Bridge Rep. 25 Geo. 3, c. 117. Westminster Bridge See 2 Edw. 7, c. 41. Rep. 16 & 17 Vict. c. 46. Rep. IG & 17 Vict, c- 46. XIV Chronological Table of Statutes relating speciallg to London from 1700 to 1907. Year, statute and chapter. Subject matter. Repeals, etc. 14 Geo. 2 (1740-1) , c. 10 Recovery of small debts in London Rep. 5 & 6 Will. 4, c. xciv. c. 16 Repairing roads in Kensington, Chelsea and Fulliam. c. 27 St. Botolph-withovU-Aldgate (re- building of chiu'ch). 0. 40 Westminster Bridge Rep. 16 & 17 Vict. c. 46. 15 Geo. 2 (1741-2) c. 9 Tyburn and Ux bridge Roads Rep. 7 Geo. 4, c. Ixxvi. c. 12 St. Catharine Coleman, Fenchurch Street (rebuilding of church). c. 26 Westminster Bridge Rep. 16 & 17 Vict. c. 46. c. 32 Keeping of gimpowder (London and Westminster) Rep. 1 1 Geo. 3, c. 35. 16 Geo. 2 < 1742-3) e. 6 Charterhouse Square (paving, watching, etc.). c. 9 St. Botolph-without-Aldgate (re- lief of the poor). c. 12 London and Westminster (repeal of beer and ale duties). c. 28 Hamlet of Bethnal Green (to be a Rep. Bethnal Green Order in Council distinct parish) 1901. 17 Geo. 2 (1743-4) i c. 29 City of London (better lighting the streets) Rep. 1 1 Geo. 3, c. 29. c. 32 W'estminster Bridge Rep. 16 & 17 Vict. c. 46. c. 41 St. Leonard, Shoreditch (rejDairing roads) Rep. 29 Geo. 3, c. xcvi. 18 Geo. 2 <1744-5) c. 15 •c. 21 c. 29 c. 31 c. 33 39 Geo. 2 (1745-6) c. 8 c. 15 c. 35 20 Geo. 2 (1746-7) 0. 24 c. 29 c. 33 21 Geo. 2 (1747-8) c. 29 c. 32 22 Geo. 2 (1748-9) c. 31 Surgeons and barbers of London . . Rep. in part 30 & 31 Vict. c. 59 (S.L.R.). Lastage and ballastage in the Thames Rep. 30 & 31 Vict. c. 59 (S.L.R.). Westminster Bridge . . . . | Rep. 16 & 17 Vict. c. 46. Greenwich Hospital . . . . ' Rep. 4 & 5 WiU. 4, c. 34. London and Westminster (to pre- Rep., except as to th© city of Loxidon, vent the misbehaviour of drivers) 5 & 6 Will. 4, c. 50. Common Council of the City of ' London (Election and Procedure) Rep. 30 & 31 Vict. e. 59 (S.L.R.). Bethnal Green (parish church and poor relief). London and Westminster (vend and delivery of coal). Greenwich Hospital . . . . Rep. 27 & 28 Vict. c. 23. St. James, Westminster (enlarge- ment of churchj-ard) . . . . Rep. Westminster Orderin Council 1901. St. Andrew, Holbom (additional burying-ground) . . . . . . i Rep. Holborn Order in Council 1901. City of London (reHef of orphans). City of London (mystery of mer- cers). St. John, Southwark (new road from new street) . . . . . . j Spent. Chronological Tahle of St'itutcH vHnt'iiKj apeciullg 'to Loiiiloii I'lOiii 17f c. 37 c. 54 Recovery of small debts (Black- heath, etc.) Westminster (tolls for paving, etc., squares and streets) Westminster and St. Andrew's, Holborn Allhallows in the Wall (rebuilding rectory, etc.). St. Christopher (City), and widen- ing certain streets. Commercial Road . . Recovery of small debts (Black- heath, etc.) Bermondsey and Southwark (paving, lighting, etc.) Paving, etc., streets in the city of London Widening of streets in the city of London. Vend and delivery of coal (London and Westminster) Regulation of buildings St. George, Hanover Square (re- pairing' roads) Rep. 2 & 3 Vict. c. 47. Rep. Westminster Order in Council 1901. Rep. 10 Geo. 4, c. 26. Rep. Holborn and Westminster Or- ders in Council 1901. Rep. Bethnal Green Order in Council 1901. Rep. in part Westminster Order in Council 1901. Rep. 46 Geo. 3, c. Ixxxix. Rep. 30 & 31 Vict. c. 59 (S.L.R.). Rep. Holborn and Westminster Or- ders in Covmcil 1901. Rep. Hackney Order in Council 1901. Rep. Westminster Order in Council 1901. Semble rep. 9 & 10 Vict. c. 95. Expired. Rep. Holborn and Westminster Or- ders in Council 1901. Rep. 9 Geo. 4, c. cxii Semble rep. 9 & 10 Vict. c. 95. Rep. Bermondsey and Southwark Orders in Council. Rep. 11 Geo. 3, c. 29. Expired. Rep. 30 & 31 Vict. c. 59 (S.L.R.). Rep. in part 23 Geo. 3, cc. 43 and 90 ; 53 Geo. 3, c. xxxviii. ; 59 Geo. 3, c. xxiii. Ghronoloyicai 'ruble of Statutes relating specialli/ to London from 1700 to 1907. XIX Year, statute and chapter. 6 Geo. 3 (1706) {cont.) c. 64 c. 66 c. 74 c. 75 c. 100 c. 38 (Priv.) c. 56 (Priv.) 7 Geo. 3(1767) c. 18 c. 23 c. 32 c. 37 c. 44 (ss. 11-20) c. 64 c. 74 c. 85 c. 88 c. 101 c. 102 c. 105 8 Geo. 3(1768) c. 17 c. 21 o. 32 c. 33 c. 46 c. 32 (Priv.) c. 34 (Priv.) 9G«o. 3(1769) c. 13 c. 22 c. 23 c. 31 Subject matter. St. Botolph, Aldgate (poor). Battersea Bridge. St. Mary, Whitochapel (poor) Allhallo\v.s in th(» Wall. St. Andrew, ilolborn and St. George the Martyr (poor, cleans- ing, lighting, etc.). . Enipoworiiig the Dean and Chap- ter of Canterbury to grant leases of their estate in St. Olave, Southwark. Berkley Square (inclosing, paving, etc.). British Museum. Admeasurement of coals in the city of London. New passage to the House of Commons from St. Margaret's Lane to Old Palace Yard. Blackfriars Bridge (rebuilding of Newgate and repairing the Royal Exchange). Hackney carriages and coaches . . Bermondsey, Rotherhithe, and Deptford Roads . . St. Mary, Rotherhithe (completion of church) . . St. Botolph, Aldgate, and Precinct of St. Katharine (paving, cleans- ing, lighting, etc.) Repairing road from Kensington to Brentford Repairing roads in Kensington, Chelsea and Fulham Tyburn and Uxbridge roads Bethnal Green road. Journeymen tailors (London) Paving, cleansing, etc., streets in the citj' of London Excise office on Gresham College site. St. Leonard, Shoreditch (paving, etc., streets). St. Marylebone (lighting, paving, etc. ) Vesting the manor of Abbots, Kensington, in trust to sell to Lord Holland. Empowering the granting of build- ing leases of the demesne lands of the Manor of Barnesbury, Isling- ton. St. "Martin le Grand (cleaning, watching, etc.). St. Botolph, Aldgate, and precinct of St. Katliarino (paving, cleans- ing, lighting, etc.). . St. Bartholomew the Great (light- ing, paving, etc.). Magdalen Hospital. Repeals, etc. Rep. in part 16 & 17 Vict. c. cxli. Rep. 39 Geo. 3, c. xli. Rep. 10 Geo. 3, c. 44; 33 Vict, c. 99. Semble spent. Semble spent. Rep. 47 Geo. 3, c. xxxviii. Rep. 7 Geo. 4, c. cxlii. Rep. 35 Geo. 3, c. 142. Rep. 7 Greo. 4, c. Ixxvi. Rep. 6 Geo. 4, c. 129. Rep. 11 Geo. 3, c. 29. Rep. 35 Geo. 3, c. 73. 1 Rep. 47 Geo. 3, o xxx^i XX Chronological Table of Statutes relating specially to London from 170U to 1907. Year, statute and chapter. Subject matter. 9 Geo. 3 (1769) {cont. c. 89 c 61 (Pnv.) 10 Geo. 3 (1770) c. 2.^ c. 29 c. 32 c. 44 (ss. 4-9) c. 63 c. 56 c. 75 c 79 c. 60 c, \\^ c. Ilk c. 72 (Priv.) U Gc 3 (1771) c. 10 e. 12 c. 15 c '7 0. 21 c. 22 c. 23 c. 24 c. 26 c. 29 c. .'" c ."4 c '?^ c. 45 c 46 c. 51 c. r4 c. 59 12 Geo. 3 (1772) c. 17 Making a road from Blackfriars Bridge to Newington Butts Empowering the Prebendary of St. Paul to lease for 99 years the prebenderal estate of Halliwell and Finsbury. St. Mary le Bone (paving, cleans- ing, lighting, etc. ) Recovery of small debts (Black- heath, etc.) New office of Excise, London | Hackney coaches . . . . I Thames River (relief of coal- heavers). St. Paul, Shadwell (poor) . . St. Martin-in-the-Fields (building a workhouse) St. Andrew, Holborn (purchase of a workhouse). Saffron Hill, Hatton Garden and Ely Rents (building a workhouse). St. Clement Danes (poor). St. Marylebone (new parish church) Certain commons in Newington Butts (disposing of same for the benefit of the poor) Morden College St. Mary, Wliitechapel (paving, etc.) St. Mary, Whitechapel (paving, etc.) South wark (paving, etc.) . . Wapping Street (paving, etc.) Westminster (paving, cleansing, lighting, etc.) Rosemary Lane (paving, etc.) Hackney coaches . . London Bridge. City of London (paving, etc.) St. John, Clerkenwell (paving, watching, etc.). Inclosing and embanking parts of the Thames Keeping, etc., of gunpowder (London and Westminster) Thames navigation Old Street, St. Luke (lighting watching, etc.) Lastago and ballastage (Thames). . Haydon Square, New Square (pav- ing, etc. ) . . St. Pancras (shutting up certain footpaths). Repeals, etc. Semble spent. Rep. 35 Geo. 3, c. 73.] Semble rep. 9 & 10 Vict. c. 95. Rep. 30 & 31 Vict. c. 59 (S.L.R.). Rep. 50 Geo. 3, c. ccviii. Rep. Westminster Order in Coioncil 1901. Rep. 51 Geo. 3, c. oli. Rep. Southwark 1901. Order m Council ■ Rep. 16 & 17 Vict. c. 'xli. Rep. Bermondsey and Southwark Orders in Council 1901. Rep. Stepney Order in Council 1901. Rep. Holborn and Westminster Orders in Council 1901. Rep. in part 16 & 17 Vict. c. cxli. Rep. 1 & 2 W-\l. 4, c. 22. Rep. 11 & 12 Vict, r clxiii. Rep. in part 31 & 32 Vict. c. cxi. ; 38 & 39 Vict. c. clxxix. Rep. 12 Geo. 3, c. 61. Rep. 57 & 58 Vict. c. clxxxvii. Rep. 50 Geo. 3, c. cxlix. Rep. 34 & 35 Vict. c. 116 (S.L.R.). Rep. Stepney Order in Council 1901. St. Mary, Islington (lighting and watching) , . . , . . . . j Rep. 5 Geo. 4, c. cxxv. Chronological Table of Statutes relating specially to London from 1700 to 1U07. XXI Year, statute and chapter. 12 Geo. 3 (1772) (cont. c. 34 c. 38 c. 40 c. 42 c. 43 c. 61 c. 65 c. 68 c. 69 Tc. 73 fc. 79 "c. 99 c. 102 13 Geo. 3 (1773) c. 48 c. 53 14 Geo. 3 (1774) c. 14 c. 24 c. 29 c. 30 c. 43 c. 52 c. 62 c. 75 c. 78 c. 87 c. 90 c. 91 c. 93 c. 95 c. 108 c. 116 15 Geo. 3 (1775) c. 11 c. 21 Repeals, eto. St. Martin in the Fields (building a workhouse) Christchurch (paving, lighting, etc. ) . . St. Marylobone (new parish church) Crown lands (Savoy). Ely House, Holborn (Crown lands). Keeping, etc., of gunpowder (Lon- don and Westminster) . . Hangman's Acre, St. George's Fields (extinguishing the right of common). St. Sepulchre (poor, paving, watcliing, etc.) St. Pancras, west of Tottenham Coiu-t Road (paving, lighting, watching, etc.) MetropoHtan buildings St. Botolph, Bisliopsgate (poor) Old Street Road . . St. Mary, Whitechapel (poor) Rep. Westminster Order in Council 1901. Rop. in part 16 & 1" Vict. c. cxli. Rep. 51 Geo. 3, c. cli. Rep. 23 & 24 Vict. c. 139. Rep. Finsbury Order in Council 1901. Rep. St. Pancras Order in Council 1901. Rep. 14 Geo. 3, c. 78. Rep. 35 Geo. 3, c. 61. Rep. 7 Geo. 4, c. cxlii. Rep. in part 46 Geo. 3, c. Ixxxix. St. Marylebone (paving, lighting, | etc.) . . Rep. 35 Geo. 3, c. 73. St. Matthew, Bethnal Greon (poor) Rep. Bethnal Green Order in Council 1901. (new parish (paving, Manor of Clapham church) St. James, Clerkenwell lighting, etc.) St. Leonard, Shoreditch (relief of the poor) . . Old Artillery Ground (workhouse, paving, etc.) Court of Chancery (rebuilding of j oflSces in Lincoln's Inn) . . . . [ Grosvenor Square (paving, light- ing, etc.) . . . . . . . • I St. Giles in the Fields and St. I George, Bloorasbury (poor). St. Saviour, Southwark (new work- house, etc.). Fires in London. Driving of cattle. Metropolis City of Westminster (nightly watch and beadles) Thames navigation Lewisham (rebuilding parish church). Battensea (rebuilding parish chiu-ch, etc.). St. Giles in the Fields and St. George, Bloomsbiu-y (poor). St. Leonard, Shoreditch. and St. Mary, Stoke Xewington (repair- ing roads, lighting, etc.). . . Thames navigation St. Marylebone (relief of the poor) Rep. W'andsworth Order in Council 1901. Rep. Finsbury Order in Council 1901. Rep. 53 Geo. 3, c. cxii. Rep. Stepnev Order in Council 1901. Rep. 32 & 33 Vict. c. 91. Rep. 5 & 6 Will. 4, c. xliii. Rep. 34 & 35 Vict. c. 116 (S.L.R.). Rep. Holborn and Westminster Orders in Council 1901. Rep. 57 & 58 Vict. c. clxxxvii. Rep. Shoreditch and Stoke Xewington Orders in Council 1901. Rep. 57 & 58 Vict. c. clxxxvii. Rep. 35 Geo. 3, c. 73. XXll Chronological Table of Statutes relating specialbj to London from 1700 to 1907. Year, statute and chapter. 15 Geo. 3 (1775) (cont.) c. 22 c. 23 c. 33 c. 43 c. 50 c. 54 c. 55 c. 56 c. 57 c. 58 16 Geo. 3 (1776) c. 13 c. 15 c. 24 c. 26 c. 31 c. 60 c. 76 17 Geo. 3 (1777) c. 5 c. 13 c. 18 c. 22 c. 23 c. 60 c. 63 c. 64 c. 66 18 Geo. 3 (1778) c. 10 c. 29 c. 37 c. 48 c. 49 c. 50 c. 51 c. 66 c. 67 Subject matter. Lincoln's Inn (vesting part of in the Accountant General of the Court of Chancery) St. James, Clerkenwell (building a workhouse) Buckingham House (vesting in the Crown) Hamlet of Highgate (lighting, watching, etc. ). St. Paul, Co vent Garden (building a workhouse) St. Paul, Shadwell (paving, light- ing, etc.) . . St. Leonard, Shoreditch (poor) . . Lincoln's Inn (Chancery offices) . . Piccadilly (watering of). Hampstead (lighting, watching, etc. ) Drury Lane, Royal Theatre. St. George, Middlesex (poor, light- ing, watching, etc. ) Greenwich Hospital Camberwell and Peckham (light- ing, watching) Theatre Royal, Co vent Garden. St. Leonard, Shoreditch, and Nor- ton Folgate. Highgate and Hampstead roads . . St. Mary, Islington (poor relief) . . Admeasurements of coal. Thames navigation Wapping Street and Ratcliff High- way (paving, etc.) St. ^lary, Newington (paving and lighting). Hoxton Square, Shoreditch St. James, Clerkenwell (paving, lighting, etc. ) St. Mary Abbotts, Kensington (poor) St. Dunstan, Stepney (nightly watch). Lea Bridge (Jeremy's Ferry) Greenwich Hospital. St. Mary, Wliitechapel (paving, etc.) The Orphans Fund and Newgate Gaol. The Orphans Fund and St. George and St. John, Wapping. The Orphans Fund and Good- man's Fields. The Orphans Fund and South- wark. Halliwell and Finsbury drainage New Sessions House and the Or- phans Fund. Repeals, etc. Rep. in part 34 & 35 Vict. c. 116 (S.L.R.). Rep. Finsburv Order in Council 1901. Rep. in part 20 Geo. 3, c. 40. Rep. 10 Geo. 4, c. Ixviii. Rep. 50 Geo. 3, c. ccviii. Rep. 53 Geo. 3, c. cxii. Rep. in part 34 & 35 Vict. c. 116 (S.L.R.). Rep. Hampstead Order in Council 1901. Rep. 46 Geo. 3, c. Ixxvii. Rep. 10 Geo. 4, c. 25. Rep. Camberwell Order in Council 1901. Rep. 1 & 2 Geo. 4, c. ex. Rep. 5 Geo. 4, c. cxxv. Rep. 57 & 58 Vict. c. clxxxvii. Rep. Stepney Order in Council 1901. Rep. Shoreditch Order in Council 1901. Rep. Finsbiu-y Order in Council 1901. Rep. Kensington Order in Council 1901. Rep. 7 Geo. 4, c. cxlii. Rep. 16 & 17 Vict. c. cxli. Rep. 18 & 19 Vict. c. 120. Chronological Table of Statutes relating specially to London from ITOU to 1007. XX 111 Yoar, statute and chapter. 18 Goo. 3 (1778) (cont.) c. 71 c. 72 c. 73 c. 74 c. 77 c. 78 c. 80 c.32(Priv. 19 Geo. 3 (1779) c. 68 c. 120 20 Geo. 3 (1780) c. 15 c. 40 c. 48 c. 63 c. 64 c. 66 21 Geo. 3 (1781) c. 1 c. 34 c. 67 c. 71 c. 73 c. 100 22 Geo. 3 (1782) c. 35 c. 43 Repeals, etc. c. 44 c. 56 c. 65 c. 77 c. 84 New street from Moorfields to Bishopsgate Street. Westinin.st(,% & 24 Vict. c. cxlvii. c. Ixxi. Portman Market, St. Marylebone. c. cxxxii. St. Gtwrge Bloomsbury (prohibit- ing liurying in a chapel of ease intended to be built). c. 44 (Priv.) New Ri\ er water . . See^2 Edw. 7, c 41. c. 48 (Priv.) Roan's Charity, Greenwich. 1 Will. 4 (1830-1) c. iii. London Bridge approaches. c. xix. School for the Indigent Blind. xliv Chronological Table of Statutes relating specially to London fro7n 1700 to 1907. Year, statute and chapter. 1 Will. 4 (1830-1) (con<.) c. xxii. 1 & 2 Will. 4 (1831) c. 1 c. 22 c. 29 c. 50 c. iii. c. Iii. c. bcxvi. 2 & 3 WiU. 4 (1831-2) c. 3 c. 46 c. 53 Subject matter. Repeals, etc. c. 56 c. 66 c. xiii. c. xxiii. c. xxvi. c. xlix. c. Ixv. ' c. Ixvi. c. ex. c. cxiii. 3 & 4 Will. 4 (1833) c. 8 c. 9 0. 19 c. 29 c. 48 c. 65 c. 66 c. 81 c. 89 c. X xxiii. c. xxxvi. c. xlvi. c. Ixxxv. c. c. c. ex. c. cxvii. c. cxviii. c. cxxi. c. 4(Priv.) 4 & 5 Will. 4 (1834) c. 20 c. 21 c. 32 c. 34 c. 36 St. Mary Magdalene, Bermondsey (Crypt and tower of the addi- tional church) Buckingham House London hackney carriages. Wellington Street and Bow Street. Fresh Wharf, London. Grosvenor Chapel, St. George, Hanover Square. West India Docks. Vend and delivery of coal. Rep. 48 & 49 Vict. c. cxvi. Rep. 37 & 58 Vict. c. 35 (S.L.R.), Rep. 37 & 38 Vict. c. 35 (S.L.R.). Buckingham Palace British Museum. Chelsea Hospital (Army prize money). Regent Street and Regent's Park. London quays. St. Luke, Old Street (watching, etc.) Rep. Finsbury Order in Council 1901. London Bridge approaches. St. IMary, Islington (Ecclesiastical burdens) St. Katharine's Dock Tower Hamlets (Recovery of small debts) St. Andrew, Holborn, and St. George the Mart\T General cemetery (Metropolis). Portman Market. Rep. Islington Order in Council 1901. Rep. 27 & 28 Vict. c. clxxviii. Semble rep. 9 & 10 Vict. c. 95. Rep. Holborn Order in Council 1901. London quays. Seamen's Hospital Society (Incor- poration of) Police Magistrates (Metropolis) . . Chelsea Hospital. London Hackney Carriages. Woolwich Dockyard. Duties of package, etc., Corporation of London Buckingham Palace Metropolitan Police St. Giles, Camber well (Poor rates) London & Birmingham Railway London & Greenwich Railway . . New North Road . . Kentish Town junction road Serjeants' Inn and St. Dunstan in the West. St. George's Fund Society (Troopers Fund), dissolution of. Blackfriars Bridge. Thames Tunnel Sir J. Soane's Museum. Sale of fish . . Hay and straw (Metropolis). Port of London (Tonnage rates) . . Greenwich Hospital Central Criminal Court (Jurisdic- tion). Rep. 2 & 3 Vict. c. 71. - Rep. 37 & 38 Vict. c. 35 (S.L.R.). Rep. 31 & 32 Vict. c. 67. Rep. CamberwellOrderin Councill901. Rep. 9 & 10 Vict. c. cciv. See 8 & 9 Vict. c. Ixxx. Rep. 12 & 13 Vict. c. Ixvi. Discontinued 28 & 29 Vict. c. 107. Rep. in part 29 Vict. c. xx. Rep. 31 & 32 Vict. c. 45. Rep. Rep. 57 & 58 Vict. c. clxxxvii 32 & 33 Vict. c. 44. Chronological Table of Statufes relating speciallg to London from 1700 to 195) c. 30 c. 95 c. 120 c. 122 c. ii. c. xii. c. xxi. c. xxiv. c. xxvi. c. Ixvii. c. xc. c. cii. c. exxxiv. c. cxlv. c. clix. c. clxii. c. clxiii. clxix. o. clxxxvi. 0. cxciii. c. cxcv. 0. cxcvi. c. cxc^iii. c. ll(Priv.) c. 15(Priv.) 19 & 20 Vict. (1856) c. 2 c. 15 c. 16 c. 29 c. 107 c. 112 c. 114 c. 115 c. i. c. X. C. XV. c. li. c. lii. c. Ixii. c. Ixxvi. Subject matter. Middlesex Industrial School. London & North Western Railteay (Haydon Square branch line). West London Railway. West End of London & Clapham & Norwood Junction Railway . . Ratcliff Gas Light & Coke Co. Metropolitan Railway. Metropolitan sewers Downing Street (public offices). Metropolis management. Metropolitan buildings W^oolwich, Plumstead & Charl- ton Consumers Gas Company . . Ratcliff Gas Light and Coke Com- pany Grand Junction Waterworks Com- pany South wark & Vauxhall Water Company Woolwich Equitable Gas Company Commercial Road . . London & BlackwtiU Railway Metropolitan Railway. Grand Surrey Canal Royal London Militia. Great Northern London Cemetery. The Dagenham (Thames) Dock . . London Necropolis and National Mausoleum. West London & Crystal Palace Railway Deptford Gas Light and Coke Com- pany (Transfer). Westminster improvements Westminster Land Company. New River Company and East London Waterworks Westminster Terminus Railway . . Harvist's Estate, Islington. Marshall's Charity Estate. Metropolitan police. Greenwich and Chelsea Hospitals Central Criminal Court. National Gallery. Smoke abatement (^Metropolis) . . Metropolis Management (amend- ment). Hay and straw. Bishops of London and Durham . . London Docks Lambeth Waterworks Company . . Eastern Counties & London & Blackwall Railway Eastern Counties Railway Hampstead Junction Railway The Wandsworth & I'utney Gas Light & Coke Company. Eastern Counties and London & Blackwall Railways Repeals, etc. Rep. 19 & 20 Vict. c. cxxx. See 38 & 39 Vict. c. cc. Rep. 38 & 39 Vict. c. 66 (S.L.R.). Rep. 57 & 58 Vict. c. ccxiii. See Order in Council (1884) made under 39 & 40 Vict. c. ccxxix. See 38 & 39 Vict. c. cc. - See 2 Edw. 7, c. 41. See Order in Coimcil (1884)Lmade under 39 & 40 Vict. c. ccxxix. Rep. 33 & 34 Vict. c. 73. See 28 & 29 Vict. c. c. See 27 & 28 Vict. c. xxxi. See 33 & 34 Vict. c. clvii. See 23 & 24 Vict, c. clxxiv. See 54 & 55 Vict. c. cxcii. See 2 Edw. 7. c. 41. Abandoned 20 & 21 Vict, c. c. Rep. 47 & 48 Vict. cc. 44 and 55. Rep. 54 & 55 Vict. c. 70. Rep. 38 & .39 Vict. c. 66 (S.L.R.). Rep. 27 & 28 Vict. c. clxxviii. See 2 Edw. 7. c. 41. See 28 & 29 Vict. c. c. See 25 & 26 Vict. c. ccxxiii. See 26 & 27 Vict. c. ccxvii. See 28 & 29 Vict. c. c. Ivi Chronological Table of Statutes relating specially to London from 1700 to 1907. I Year, statute and chapter. 19 & 20 Vict. (1856) [cont.) c. Ixxxvii. 0. cv. c. cix. c. eyiwi. c. cxxx. Subject matter. Repeals, etc. 20 Vict . (1857) c. 19 20 & 2 1 Vict. (1857) 1 c. 35 c. 64 c. 67 c. 84 C. ] LX. C. xxi. c. xlii. C. Ixxiii. c. Ixxxiii. 0. Ixxxix, C. c. c. cxv. c. cxviii. c. cxxv. c. cxxvii. c. cxxxv. c. cxliii. c. cxlvii. c. cl. c. clvii. 21 & 22 Vict. (1858) c. 18 c. 21 c. 36 c. 37 c. 66 c. 104 c. xxxii. c. XXXV. c. xxxviii. c xli. c. civ. c. cxviii. c. cxxix. c. cxxxii. c. cxlv. c. 3 (Priv) 22 Vict. (1859) c . 8 c. 19 West End of London and Crystal Palace Railway Wimbledon & Croydon Railway (leasing to L.B. & S.C. Railway). Metropolitan Railway. Grand Junction Waterworks Co. . . West End of London & Clapham & Norwood Junction Railway . . Extra-parocliial places. Burial (city of London). Metropolitan Police. Buckingham Palace. Dulwich College. Meriton's and Hogen's Sufferance Wharves. Islington Parish Act. New River Company . . London Gas Light Company Victoria (London) Dock Company Coal duties (London, etc.) drawback Westminster Terminus Railway Extension (Abandonment). Covent Garden approach, etc. , com- munication. St. Mary, Islington (Lighting, etc.). Metropolitan Railway. Victoria Docks Gas Company Metropolitan Cattle Market. West End of London and Crystal Palace Railway . . Thames Conservancy Finsbury Park. Sheriff's Court, Mayor's Court (City of London). Chelsea Hospital. Chelsea Hospital. Exhibition of 1851 Commissioners Hainault Forest. Chelsea Bridge and Embankment. Metropolis Management (Amend- ment). Vauxhall Bridge. London Dock Company . . Victoria Park approach. Port of London (Sufferance Wharves). West End of London & Crystal Palace Railway . . Victoria Station & Pimlico Rly. . . Crystal Palace District Gas Co. . . St. Leonard, Shoreditch . . West End of London & Clapham & NorwoodRailway (Abandonment). Westminster Palace Hotel. Westminster and Southwark County Courts Downing Street (Public Offices). See 23 & 24 Vict. c. clxxiv. See 2 Edw. 7, c. 41. Abandoned 21 & 22 Vict. c. cxlv. See 2 Edw. 7, c. 41. See Order in Council (1883) made under 31 & 32 Vict. c. cxxv. Rep. in part 27 & 28 Vict. c. clxxviii. Spent. Rep. Islington Order in Council 190' See 33 & 34 Vict. c. cxxi. See 23 & 24 Vict. c. clxxiv. Rep. 57 & 58 Vict. c. clxxxvii. Rep. in part 27 & 28 Vict. c. clxxviii. See 23 & 24 Vict. c. clxxiv. See 24 & 25 Vict. c. Ixxxi. See 4 Edw. 7, c. xci. Rep. Shoreditch Order in Council, 1901. Rep. 51 & 52 Vict. c. 43. Chronological Table of Statutes relating speciallg to London from ITUO to 1907. Ivii Year and statute chapter. 22 Vict. (1859) (cont.) c. xxix. c. XXX. 0. XXXV. 22 & 23 Vict. (1859) 0. 58 c. 1. c. XI u. c. c. XX. lii. c. liv. c. Ixix. c. Ixxxi. c. xevii. c. cxu. c. cxxviii. c. cxxxiii. c. cxxxiv. C. CXXXVll. 23 & 24 Vict. (1860) 0. 43 c. c. c. c. c. 52 125 135 142 146 c. 1. c. xiv. c. c. xxxix. lii. c. Iviii. c. Ixvii. c. c. Ixxiv. Ixxxv. c. cix. c. c. cxxiii. cxlvii. c. clxviii. c. clxxi. c. clxxiv. 1 c. clxxvii. c. clxxxiv. c. cxciu. c. CXCVll. Subject matter. Victoria Dock. Commercial Dock. Great Northern Railway (commu- nication with N.L. Railway). Westminster Bridge. West Loiulou Railway. Hampstoad Junction Railway Greenwich & South Eastern Docks. City of London Gas Light & Coke Company . . London, Chatham & Dover Rly. London, Brighton & South Coast Railway. Charing Cross Railway (Hunger- ford Bridge) Metropolitan Railway. Victoria Station &; Pimlico Rail- way Kensington station and North & South London Junction Railway Watermen and Lightermen (Amendment). West London Extension Railway. The Pneumatic Despatch Co., Ltd. Archbishop Tenison's Charity, Westminster. Metropolitan Buildings Gas (Metropolis). Metropolitan Police. Union of Benefices (Metropolis). Sale of gas. West Middlesex Waterworks North London Railway. Commercial Dock. Midland Railway (London traffic). Metropolitan Railway. Midland Railway (St. Pancras Station). Grand Surrey Docks and Canal . . London Hydraulic Power Co., Ltd. London, Brighton & South Coast Railway (Balham Hill branch). London & Blackwall Railway Hungerford Market and Charing Cross Bridge Companies (Transfer of undertakings) . . Great Northern and Metropolitan Railways (Communication at King's Cross station). London, Brighton & South Coast Railway. West End of London & Crystal Palace Railwaj- (Dissolution of company and transfer of under- taking to L.C. & D. Railway). London, Chatham & Dover Rail- way (IMotropolitaii Extensions). New Square, Lincoln's Inn. Smithfield ^larket. London Railway Depot and store- houses Repeals, etc. Rep. (in part) 27 & 28 Vict. c. clxxviii. See 26 & 27 Vict. c. cxvu. See Order in Council (1870) made under 31 & 32 Vict. c. cxxv. See 23 & 24 Vict. c. cxlvii. and 26 & 27 Vict. c. CKv. See 24 & 25 Vict. c. l.xxxi. See 35 & 36 Vict. c. 80. Semble spent. Rep. 57 & 58 Vict. c. ccxiii. See 2 Edw. 7, c. 41. See 27 & 28 Vict. c. xxxi. See 28 & 29 Vict. c. c. See 26 & 27 Vict. c. cxv. Rep. 25 & 26 Vict. c. Ivii. Iviii Chronological Table of Statutes relating specially to London Jrom 1700 to 1907. Year, statute and chapter. Subject matter. Repeals, etc. 24 & 25 Vict. (1861) c. 12 Queen's Prison Rep. 38 & 39 Vict. c. 66 (S.L.R.). c. 33 Public offices (Downing Street). c. 42 London Coal and Wine duties . . Rep. 55 & 56 Vict. c. 19 (S.L.R.). c. 51 Metropolitan Police (Pensions). c. 78 Annoyance Jurors (Westminster). c. 79 Metropolitan Gas. c. 87 Metropolitan Buildings . . Rep. 57 & 58 Vict. c. ccxiii. c. 88 St. James' Park and Downing St. e. 124 Metropolitan Police (Receiver). c. xii. South Eastern and Charing Cross Railways . . See 26 & 27 Vict. c. cxv. c. lii. Newgate Market (Abolition of). c. Ixxxi. Victoria Station & Pimlico Rail- c. xciii. way. Charing Cross Railway See 26 & 27 Vict. c. cxv. c. cxvii. Lambeth Bridge Company. 0. exxv. Thames Haven Dock (Abandon- ment). c. cxxvi. Westminster Improvements See 54 & 55 Vict. c. cxhi. c. cxxxii. North London Railway. c. cxxxiii. Metropolitan Railway. c. cli. Grand Junction Waterworks Co. . . See 2 Edw. 7. c 41. c. clxiv. Hammersmith & City Railway . . See 30 & 31 Vict. c. cl. c. cxci. South-Eastern Railway. c. cxcvi. North London Railway. c. ccxvi. Victoria Docks Gas Company See 33 & 34 Vict. c. cxxi. c. ccxxxiii. Metropolitan Railway. c. ccxxxiv. West London Extension Railway. c. ccxl. London, Chatham & Dover Rly. 25 & 26 Vict. (1862) c. 9 Sir J. Soane's Museum Rep. 38 & 39 Vict. c. 66 (S.L.R.). c. 74 St. James s Park and Downing St. c. 93 Thames Embankment. c. 102 Metropolis Management (Amend- ment). c. 104 Queen's Prison (Discontinuance of). c. ii. Woolwich, Plumstead & Charlton See Order in Council (1884) made Consumers Gas Company imder 39 & 40 Vict. c. ccxxix. c. vii. London & Blackwall Railway See 28 & 29 Vict. c. c. c. viii. London, Tilbiiry & Southend Rly. c. xxii. East London Waterworks ) See 2 Edw. 7, c. 41. c. xliv. Kent Waterworks Company / c. xlvi. Edgware, Highgate & London Rly. See 30 & 31 Vict. c. cxxxi. c. Ivii. London Railway Depot and store- house (Abandonment). c. Iviii. Metropolitan Railway. c. Ixviii. London, Brighton & South Coast Railway (London Bridge and Bricklayers' Arms stations). c. Ixx. St. Giles in the Fields (disused burial ground). c. Ixxviii. London, Brighton & South Coast Railway (new lines in London). c. cxliv. Crystal Palace & South London Junction Railway See 38 & 39 Vict. c. cxxxix c. clxxiv. Metropolitan Meat and Poultry Market. c. cxcii. London, Chatham & Dover Railway. c. cc. Tottenham & Hampstead Junction Railway See 2 Edw. 7, c. cii. c. ccxiii. Dagenham (Thames) Dock See 33 & 34 Vict. c. clxii. c. ccxv. Kensington station and North & South London Junction Railway See 35 & 36 Vict. c. 80. Chronological Table of Statutes relating Apecialbj ' to London from 17i)U to 1UI»7. lix Year, statute and chapter. 25 & 26 Vict. (1862) {cont.) c. ccxx. c. ccxxiii. c. 26 & 4(Priv.) 27 Vict. (1863) c. 2 c. 13 c. 36 c. 45 c. 46 c. 67 c. 68 c. 75 c. 78 c. xxxvii. c. xlvi. c. Ixii. c. Ixix. c. Ixxiv. c. xc. c. ci. 0. CXV. c. cxlii. c. clxv. c. clxxii. c. cciv. c. ccv. c. ccvi. c. ccviii. c. ccxi. c. ccxvii. c. ccxviii. c. ccxxvii. c. ccxxviii. 27 & 28 Vict. (1864) c. 51 c. 55 c. 60 c. 61 c. 83 c. 88 c. 111 c. 113 c. 116 c. iv. e. viii. c. XV. c. xxix. Charing Cross Rly. (City terminus) Great Eastern Railway. St. Thomas Hospital Bills and Notes (Metropolis) Town gardens (Protection). London diocese. Metropolis Improvement Act. London Coal and Wine duties . . Greenwich Hospital Metropolitan Main Drainage Thames Embankment. Metropolitan Turnpikes . . Surrey Consumers Gas Company Queen's Road, Battersea. Blackfriars Bridge. London, Tilbury & Southend, Eastern Counties, and London & Blackwall Railway Companies. Midland Railway Company. L. & S.W. Railway. St. Luke's (Vestry Hall and Guar- dians' Offices) Charing Cross Railway Company. L.B. & S.C. Railway (Extensions in London, etc.). Metropolitan Railway. Hammersmith & City Railway . . L.C. & D. Railway. Tottenham & Hampstead Junc- tion Railway City of London Traffic Regulations. West London Extension Railway. Putney Bridge Company . . Hampstead Junction Railway (Transfer to L. & N.W. Rly.). L.B. & S.C. Railway (Mitcham and Tooting). London, Brighton & South Coast Railway (Victoria station, etc.). West London Wharves c^ Ware- houses Company. India Office site (Downing Street). Metropolitan Police (Street Music). College of Physicians (Pall Mall East) Thames Embankment Provisional Order Confirmation (Woolwich, etc.). Westminster Bridge (Regulation of Traffic). Cranbourne Street. Thames Conservancy Metropolitan houseless poor. Southwark Park. Southwark & Vauxhall Water Company . . Metropolitan Meat and Poultry Market. Edgware, Highgate & London Rly. (Alexandra Park Extension) Repeals, etc. See 26 & 27 Vict. c. cxv. Rep. 38 & 39 Vict. c. 66 (S.L.R.). Rep. 56 & 57 Vict. c. Rep. 28 & 29 Vict. c. Rep. 32 & 33 Vict. c. 14 (S.L.R.). 89. 102. Rep. 34 & 35 Vict. c. 115. See Order in Council (1879) made under 39 & 40 Vict. c. ccxxix. Rep. Finsbury Order in Council 1901. See 30 & 31 Vict, c. c. See 2 Edw. 7, c. cli. See 40 & 41 Vict. c. xcix. and 44 0 to 1007. Ixxiii Year, statute and chapter. ['45 & 46 Vict. i^<1882) {.cont.) c. eel. 0. cclv. c c c cclvii. cclix. cclxii. c. cclxiii. 0. cclxiv. 46 & 47 Vict. (1883) 0. 4 c. 27 c. c. c. 32 35 36 c. XI. c. xxiii. o. XXV. c. XXVIU. c. XXXVl. c. XXXIX. c. c. xlix. li. c. Ixix. c. Ixxix. c. Ixxxi. c. xciv. c. xcv. c. cxvi. c. xcvii. c. cxxxii. 0. c. c. cxlii. clviii. clxiv. c. c. clxvii. clxx\4i. c. c. clxxviii elxxxvi c. cxci. c. cciv. c. ccvi. c. CCVll. c. CCVlll. c. CCXll. Subject matter. Wimbledon & West Metropolitan Junction Railway . . Charing Cross & \Vatorloo Electric Railway London Southern Tramways. Metropohtan District Railway. Regent's Canal, City & Docks Railway Company (North Metro- politan Railway & Canal Co. ) South-Eastern Railway (City of London lines). Metropolitan Outer Circle Railway National Gallery. Metropolitan Board of Works (Money). Greenwich Hospital. Diseases prevention (Metropolis) . . Parochial charities (City of London) St. Saviour (Southwark) : abolition of Church rate. Metropolitan streetimprovements . . North London Railway. Lambeth Waterworks Metropolitan Railway. London, Tilbury & Southend Railway and East & West India Docks. Hounslow & Metropolitan Railway. East London Railway. Deaf and Dumb Asylum, Old Kent Road. Thames Conservancy Local Government Board Pro- visional Order Confirmation (Lambeth) . . Metropolis (Tench Street) Provi- sional Order Confirmation. Metropolis (Brook Street) Provi- sional Order Confirmation. Metropolis (Windmill Row) Pre visional Order Confirmation. Metropolis (Trafalgar Road) Pro- visional Order Confirmation. Education Department Provisional Order Confirmation (London). North London Tramways Company. Paddington Market. Regent's Canal, City & Docks Railway South London Tramways. Metropolitan Board of Works (Bridges, etc.). Metropolitan Street Improvements Bexley Heath Railway. Metropolitan District Railveay (Ventilators). London, Tilbury & Southend Railway. London, Hendon & Harrow Rly. . . Metropolitan District Railway. Metropohtan Outer Circle Railway I Regent's Canal, City & Dock [ Railway . . . . . . . . | Repeals, etc. See 49 & 50 Vict. c. ex. Rep. 48 & 49 Vict. c. Ixxi. See 55 & 56 Vict. c. clxxxviii. Rep. 48 & 49 Vict. c. clxiii. Rep. 54 & 55 Vict. c. 76. Rep. 61 & 62 Vict. c. 22 (S.L.R.). Spent. See 2 Edw. 7, c. 41. See 43 & 44 Vict. c. cxc. Rep. 57 & 58 Vict. c. clxxxvii. Rep. Lambeth Order in Council 1901. See 55 & 55 Vict. c. clxxxviii. Rep. 50 & 51 Vict. c. xxx\-ii. Rep. 48 & 49 Vict. c. clxiii. See 55 & 56 Vict. c. clxxxviii. Ixxiv Chronological Table of Statutes relating specially to London from 1700 to 1907. Year, statute and chapter. 46 & 47 Vict. (1883) {cont.) c. ccxiii. c. ccxvii. c. ccxviii. c. ccxix. c. ccxx. c. ccxxii. c. ccxxvii. 47 & 48 Vict. (1884) c. 3 c. 5 c. 17 c. 32 c. 60 c. 60 c. 11. c. V. c. XV. c. XVIU. c. XXI. c. xxii. c. c. c. Ivii. Ixxii. Ixxvi. c. Ixxxiii. c. Ixxxiv. c. Ixxxviii c. xciv. c. xcv. c. c. c. cm. c. cxv. e. cxxxv. c. cxxxvi. c. cxl i. c. cxivii. c. cxiviii. c. clxvii. c. clxviii. c. clxxvi. c. clxxxv. c. cxci. c. CXCll. c. CCl. 0. CCXXlll. Subject matter. Electric Lighting Provisional Order (Chelsea, Greenwich) Electric Lighting Provisional Order (Bermondsey, etc.) . . Electric Lighting Provisional Order (Limehouse. Poplar, etc.) . . Electric Lighting Provisional Order (Hackney, etc.) Electric Lighting Provisional Order (Hanover Square, etc.) . . Electric Lighting Provisional Order (St George the Martyr) . . Peckham & East Dulwich Tram- ways. London brokers (Relief) . . Valuation (Metropolis) Amendment. Metropolitan Police. Chelsea : Royal Military Asylum. Metropolitan Board of Works (Money). Metropolitan Asylums Board Metropolitan commons (Streatham Common). Sion College. London & St. Katharine's Docks. London Hospital. Highgate Archway Company (disso- lution of). St. Mary Abbotts, Kensington London Tramways. London Hydraulic Power. Electric lighting (City of West minster) Local Government Board Provision al Order Confirmation (White- chapel) Provisional Order Electric Lighting (Fulham) . . Cromwell Road Bridge, Kensington London Street Tramways. Metropolitan District Railway. West Metropolitan Tramways. Education Department Provisional Order Confirmation (London). Local Government Board Pro- visional Order Confirmation (St. Luke) London, Tilbury & Southend Rly. Woolwich Equitable Gas Company. East London Railway (White- chapel Junction). Greenwich, Lewisham & Dept- ford Tramways. London, Chatham & Dover Railway. City & Southwark Subway North Metropolitan Tramways. Free steam ferry (city of London). Metropolitan Railway. London Southern Tramways. North London Tramways. Southwark & Vauxhall Water Co. Metropolitan Board of Works (various powers). Repeals, etc. Revoked 1884. Revoked 1884. Revoked 1884. Revoked 1884. Revoked 1885. Revoked 1884. Rep. 61 & 62 Vict. c. 22 (S.L.R.). Rep. 54 & 55 Vict. c. 76, s. 142. Rep. Kensington Orderin Council 1901. Revoked 1887. Rep. Stepney Order in Council 1 90 1. Revoked 1889. Rep. Finsbury Order in Council 1901. See 53 & 54 Vict. c. cxiv. See 2 Edw. 7, c. 41. Chronological Table of Statutes relating specially to London from 17f)'» to ]*JIanagement Act 1862 Amend- ment Act 1890 Metropolis Management Amendment Act 1890 Hou.' Edw. 7, c. cxcviii. 1905 5 Edw. 7, c. cciii. 1905 5 Edw. 7, c. ccvi. 1905 5 Edw, 7, c. ccix. 1900 j « Edw. 7, c. 12, s. 2 1900 Edw. 7. c. 25 1 906 i Edw. 7, c. xi. 1906 1906 6 Edw. 7, c. Ixxxvi. 6 Edw. 7, c. cxxv. 1906 6 Edw. 7, c. cxxvi. 1906 1906 1906 1906 1907 1907 1907 1907 1907 1907 1907 1907 1907 1907 6 Edw. 7, c. cl. 6 Edw. 7, c. clxxxi 6 Edw. 7, c. clxxxvii 6 Edw. 7, c. cxciii. 7 Edw. 7, c. 33 7 Edw. 7, c. 43 7 Edw. 7, c. 55 7 Edw. 7, c. Ix. 7 Edw. 7, c. cxii. 7 Edw. 7, c. cxxxviii 7 Edw. 7, c. clxiii. 7 Edw. 7. c. clxiv. 7 Edw. 7, c. clxxi. 7 Edw. 7, c. clxxv. Thames Riv(?r Steanihoat .Service Act L.C.C. (Tramways and Improvements) Act . L.C.C. (Gioneral Powers) Act . . Public Work.s Loans Act Education Board Provisional Order Con firmat ion (London No. 1) Act Education Board Provisional Order Con firmation (London No. 2) Act L.C.C. (Money) Act London Gas Act London Government Scheme (London and Mi(lill('s«!x .Adjustment) Cimfirmati(jn Act Thames Conservancy Act Acton Sewage Act L.C.C. (Gen(!ral Powers) Act . . London Building Acts (Amendment) Act IVIuncipal Corporations Amendment Act Open Spaces Act North Metropolitan Tramways (Winding up) Act County Office Site (London) Act London Government Act Adjustment Schemes Confirmation Act . . Education Board Provisional Order Con firmation (London No. 1) Act L.C.C. (General Powers) Act . . L.C.C. (Tramways and Improvements) Aci London Squares and Enclosures (Preserva tion) Act L.C.C. (Money) Act Qualification of Women (County and Borougi Councils) Act Education (Administrative Provisions) Act . London Cab and Stage Carriage Act . . Education Board Provisional Order Con firmation (London No. 2) Act Education Board Provisional Order Con firmation (London No. 1) Act London Coiuity Council (Money) Act Local Government Board Provisional Order Confirmation (No. 13) Act . . London County Council (Tramways and Im provements) Act Metropolitan Water Board (Charges, etc.) Act London County Council (General Powers) Act XCIX Vol. Page ii. 568 ii. 580 ii. 598 i. 1070 ii. 607 ii. r)()8 ii. 609 ii. (ill I ii. 616 i. 1076 i. 620 i. ()29 i. 649 i. 878 ii. 664 I ii. 672 ii. 681 ii. 686 ii 694 ii 695 ii. 706 ii. 728 ii 736 i. 1078 i. 1079 ii. 739 ii. 741 ii. 742 ii. 743 ii. 746 ii. 754 ii. 771 ii .781 LONDON STATUTES (Being a Collection of Public Acts relating specially to the Ad- ministrative County of London, and of Local and Personal Acts affecting the I'OWEKS AND DUTIES OF THE LONDON COUNTY COUNCIL) FROM 1750 TO 1907 25 GEORGE II. A.D. 1751. CHAPTER 36. An Act for the hetter preventing Thefts and Robberies, and for regulating places of public entertainment, and punishing persons keeping disorderly houses. 1. [^Persons adcertising reward with no questions asked, for return of things stolen^ etc., and the printer of such advertisement, to forfeit biJl. Rep. 30 & 31 Vict. c. 59 (S.L.R.). See the' Larceny Act 1861, .«. 102.] 2. And whereas the multitude of places of entertainment for the Unlicensed lower sort of j)eople is another great cause of thefts and robberies places of as they are thereby tempted to spend their small substance in fj[inment ^^' riotous pk'asures, and in consequence are put on unlawful methods deemed of su])i)lying their wants and renewing their pleasures: In order, |^^^so^ublicly read by tiie Clerk of the Peace, together with the names of the Justices subscribing the same ; and no such licence shall be granted at any adjourned Sessions, nor shall any fee or reward be Constables taken for any such licence; and it shall and may be lawful to "i^J enter and for anv constable or other ])erson, beino; thereunto authorized '?"!.\^r^^!!nH 1 *i ,. ii> 'TT--%r- « pel^On!^ lOUUU. oy warrant under the hand and seal of one or more of His Majesty s therein. [Chap. 36.] The Disorderly Houses Act 1751. [25 Geo. 2.]' Person keeping the same to forfeit lOOZ. Licensed places to have an inscription over them : and not be open before five in the evenine. On breach of either of the said con- ditions the licence to be revoked. The theatres and other places li- censed by the Crown or Lord Cham- berlain ex- cepted out of this Act. Indictment not removable by certiorari into any other Court. Justices of the Peace of the county, city, riding, division, or liberty where such house or place shall be situate, to enter such house or place, and to seize every person who shall be found therein, in order that thev mav be dealt with accordinc^ to law ; and every person keeping such house, room, garden, or other place, without such licence as aforesaid, shall forfeit the sum of one hundred pounds to such person as will sue for the same, and be otherwise punishable as the law directs in cases of disorderly houses. [Jiep. as regards Middlesex hy the Music and Dancing Licences (^Middlesex) Act, \^. 2.] 3. Provided always, and it is hereby further enacted by the authority aforesaid, That, in order to give public notice what places are licensed pursuant to this Act, there shall be affixed and kept up in some notorious place over the door or entrance of every such house, room, garden, or other place kept for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters in the words following : videlieif. LICENSED PURSUANT TO ACT OF PARLIAMENT OF' THE TWENTY-FIFTH OF KING GEORGE THE SECOND ; and that no such house, room, garden, or other place, kejit for any of the said purposes, although licensed as aforesaid, shall be open for any of the said purposes before the hour of five in the afternoon ; and that the affixing and keeping up of such inscription as aforesaid, and the said limitation or restriction in point of time, shall be inserted and made conditions of every such licence ; and in case of any breach of either of the said conditions such licence shall be forfeited, and shall be revoked by the Justices of Peace in their next General or Quarter Sessions, and shall not be renewed, nor shall any new licence be granted to the same person or persons, or any other person on his or their or any of tlieir behalf, or for their use or benefit, directly or indirectly, for keeping any such house, room, garden, or other place for any of the purposes aforesaid. [An^e/fde(7 SS & 39 J^icf. c. 21, s. 1. Rep. as regards Middlesex by the Music and Dancing Licences {Middlesex) Act iS94, 6-. 2.] 4. Provided always. That nothing in this Act contained shall extend or be construed to extend to the Theatres Royal in Drury Lane and Covent Garden, or the theatre commonly called the King's Theatre, in the Haymarket, or any of them, nor to such performances and public entertainments as are or shall be lawfully exercised and carried on under or by virtue of letters patents, or licence of the Crown, or the licence of the Lord Chamberlain of His Majesty's Household, anything herein contained notwithstanding. 5 — 8. [^'U to keeping bawdy, gaming ^ or other disorderly houses. JSot special to I^ondon.^ 9. \_Evidence may he given for or against the defendant by an inhabitant. Rep. 30 & 31 Vict. c. 50 (S.L.R.).] 10. And . . . no indictment which shall at any time after the said first day of June be preferred against any person for keeping a bawdy house, gaming house, or other disorderly house, shall be removed by any writ of certiorari into any other Court, but such indictment shall be heard, tried, and finally determined at the same General or Quarter Session or Assizes where such indictment shall have been preferred (unless the Court shall think proper, upon cause shown, to adjourn the same), any such writ or allowance thereof notwithstanding. [Fart omitted rep. 51 Vict. c. 3 (S.L.R.).'\ [14 Geo. 3.] The Fires Prevention {Metropolis) Act 1774. [Chap. 78. | 11 — 12. \_Profieciitors expenses — Rogues and Kuyabonds. Rep. 30 it :n Vict. c. 59 (S.L.R.).] 13. And . . . any person entitled to any of the forfeitnres by Recovery of this Act im])Osed may sue for the same by action of debt in any of *^^''^^'*"''^*^' His Majesty's ( Joiirts of Record at Westminster, in wliicli it shall be sniHcient to declare that the defendant is indebted t(j tin; plaintilf in the sum of bein^- forfeited by an Act, intituled '' An Act for the better preventing thefts and robberies, and for regulating j)laces of public entertainment, and j)imishing persons keeping dis- orderly houses " ; and the plaintiff, if he recover in any sucii action, shall iiave his full costs. ^ Full costs. 14. Provided, That no action shall be brought by virtue of this Limitation Act unless the same shall be commenced within the space of six °^ '"^^"'""• calendar months after the offence committed. 15. l_Act to he in force three years. Rep. 30 & 31 Met. c. 50 {S.L.R.).^ 14 GEORGE III. A.D. 1774. CHAPTER 78. An Act . . . for the more effectually preventing Mischief.s by fike within the cities of london and westminster AND THE Liberties thereof, and other the Parishes, Precincts, and Places within the Weekly Bills of Mortality, the Parishes of Saint Mary-le-Bon, Padding- ton, Saint Pancras and Saint Luke at Chelsea, in the County of Middlesex. . . . [ Whole Act, except ss. 83, 86, rep. 28 k 29 Vict. c. OD, .s. :u.] 83. And in order to deter and hinder ill-minded persons from ^loney in- wilfullv setting tlieir house or houses or other buildings on tire "'"'"^ ^" •i.\ " • i-' ■ ■ i. i.\ I 4.1 • 11 houses burnt ; With a view of gaining to tiiemselves tlie insurance money, wiierehy i,ow to be the lives and fortunes of many families may be lost or endangered : applied. Be it further enacted by the authority aforesaid. That it shall and may be lawful to and for the respective governors or directors of the several insurance offices for insuring houses or other buildings against loss by fire, and they are hereby authorized and re(|uired, upon the request of any person or persons interested in ov entitled unto any house or houses or other buildings which may hereafter be burnt down, demolished or damaged liy fire, or u])on any grounds of suspicion that the owner or owners, occui)ier or occupiers, or other person or persons who shall have insured such house or houses or other buildings have been guilty of fraud, or of wilfully setting their house or houses or other l)uildinti-s on fire, to cause the in- surauce money to be laid out and expended, as far as the same will go, towards rebuilding, reinstating or repairing such house or houses or other buildings so burnt down, demolished ov damaged by fire, unless the party or parties idaiming such insurance money shall, within sixty days next after his, her or their claim is adjusted, give a sufficient security to the governors or directors of the insurance office where such house or houses or other l)uildings are insured, that the same insurance money shall be laid out and expended as aforesaid, or unless the said insurance money shall be in that time settled and disposed of to and amongst all the 4 [Chap. 88.] The Hay and Straw Act 1796. [36 Geo. 3.] contending parties, to the satisfaction and approbation of such governors or directors of such insurance office respectively. No action to 86. And . . . no action, suit or process whatever shall be had, the^p^rson maintained or prosecuted against any person in whose house, chamber, where the fire stable, barn or other building, or on whose estate any fire shall, accidentally after the said twentj'-fourth day of June,* accidentally begin, nor shall any recompense be made by such person for any damage suifered thereby, any law, usage or custom to the contrary not- withstanding; and in such case, if any action be brought, the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial thereupon to be had . . . : Provided that no contract or agreement made between landlord and tenant shall be hereby defeated or made void. \_Farts omitted {as to trehle costs) rep. hif the Limitations of Actions and Costs Act 1842, ss. 1, 3 ; 24 & 25 Vict. ^.101 (S.L.R.) ; and 61 Vict. c. 3 (S.L.R.).] besins. 36 GEORGE III. A.D. 1796. CHAPTER 88. An Act to regulate the buying and selling of Hay and Straw ; and for repealing so much of two acts, made in the Second Year of the Reign of King William and Queen Mary, and in the Thirty-First Year of the Reign of King George the Second, as relate to the buying and selling of Hay and Straw, within the Limits therein mentioned. [lith Ma// 1796.] \_Prea7nble.'] So much of 1. So much of an Act, made in the second year of the reign of 2 Will, and King William and Queen Mary, intituled, An Act for paving and cap^^8 ^^'^^' ^' cleansing the streets in the cities of London and Westminster, and suburbs and liberties thereof, and out parishes in the county of Middlesex, and in the borough of Southwark, and other places within tlie weekly bills of mortality, in the county of Surrey, and and of 31 Geo. for regulating the markets therein mentioned ; and also so much of relates to h^^ an Act, made in the thirty-first year of the reign of King George and straw, the Second, intituled. An Act to ascertain the weight of trusses of repealed from straw, and to punish deceit in tlie sale of hay and straw in trusses, in London, and within the weekly bills of mortality, and within the distance of thirty miles thereof ; and to prevent common salesmen of hay and straw from liuying the same on their own account, to sell again ; and also to restrain salesmen, brokers, or factors in cattle, from buying on their own account, to sell again, any live cattle in London, or within the weekly bills of mortality, or which are driving up thereto, as relates to hay and straw, shall, from and after the twenty-fourth day of June one thousand seven hundred and ninety-six, be, and the same are hereby repealed. No hay or 2. And . . . That no hay or straw whatever shall be sold in any Od^ t° \"^ market or place within the cities of London or Westminster, or the certain limits weekly bills of mortality, or within thirty miles thereof, other than except in what is made up in bundles or trusses ; and if any person shall sell trusses, on ^j^y ]^;^y qj, straw, other tlian what is made up in bundles or trusses, pena \o .s. ^j|-i,jj, ||-,g cities or limits aforesaid, every person so offending, and * Le. 24th June 1774. 24th June ]79fj ! [36 Geo. :}.] The Ha>/ and .Straw Act 1790. [(jhap. 8«.] 5 beinu: convicted thereof, shall for every sach offeuce forfeit and pay the snm of twenty shillings. 3. And . . . That each and every bundle or truss of hay sold in Weight of any market or phicc within tlie cities or limits aforesaid, l)etween trusses, the last day of Anunst in any year and the first day of Jnne in the siicceedintr year, shall contain and be of the full weight of fifty-six ])onnds at least ; and that every bundle or truss of hay sold within the cities or limits aforesaid, between the first day of June and the last day of August in any year, being new hay, of the summer's growth of tiiat year, shall be and contain the full weight of sixty pounds, and being old hay of any former year's growth, the weight of fifty-six pounds, as aforesaid ; and that each and every bundle or truss of straw sold witliin the cities or limits aforesaid, shall contain and be of the full weight of thirty-six pounds ; and that every load of hay or straw shall contain thirty-six bundles or trusses ; and if any hay shall be sold within the cities or limits Penalty for aforesaid, whereof any bundle or truss shall be of less weight than selling trusses aforesaid, every ])erson so selling sliall forfeit for every such truss \/q\Xx or bundle of hay, not beiug the full weight aforesaid, any sum not exceeding the sum of five shillings, nor less than two shillings and but not to ex- sixpence, and for every such truss or bundle of straw the sum of one tend to a de- shilling : Provided always, that no person shall be convicted in the fi^ient truss penalty aforesaid, for selling any bundle or truss of hay or straw sqj^ tT^he^ ^ deficient in weight as aforesaiil, where a load or any other or less .same person, (juantity is sold at the same time to the same person, if the number '^ *^^ whole of bundles or trusses so sold shall amount upon the whole to the a^^age ° "^ average weiglit required as aforesaid. weight. 4. And . . . That every person who shall sell, within the cities or Penalty for limits aforesaid, between the first day of June and the last day of !^^^°^ "^^ December in any year, any hay of the growth of that year as or °^^ *^" for hay of the growth of any former year, shall forfeit and pay for each and every bundle or truss of hay so sold, the sum of two shillings and sixpence. 5. And . . . That each and every load, bundle, or truss of hay Hay or straw or straw, wliich shall be sold in the cities or limits aforesaid, shall to be of one be made up with such hay or straw only as the same appears to be ** by the outside of every such load, bundle, or truss ; and that such hav or straw onlv, and not anv inferior hav or straw, shall be deemed and taken to be the hay or straw which is to make up the weight of every bundle or truss ; and every person who shall sell I'^n^it.^ for within the cities or limits aforesaid any load, bimdle, or truss of mixed. ^ hay or straw, which shall in the inside thereof be of inferior goodness from what the outside shall a})i)ear to be, shall forfeit and pay any sum not exceeding five shillings, nor less than two shillings and sixpence, for every such bundle or truss of hay, and the sum of one shilling for every such bundle or truss of straw. 6. And . . . That the ])air of bands with which any bundle or Penalty for truss of hay shall be bound shall not exceed the weight of ^^e ^^^-Vk"? ^X pounds, upon ])ain that every person who shall sell any bundle or exceeding 51b. truss of hay with bands of a greater weight, shall for every such weight, offence forfeit and })ay the sum of one shilling, and also the further sum of one shilling for each and every pound weight that every such pair of bands shall weigh over and above the weight of five pounds. 7. And . . . That if any person employed to bind hay or straw, Penalty on shall not bind np and make the same into bundles or trusses of Persons 6 [Chap. 88.] The Hay and Straw Act 1 796. [36 Geo. 3.] binding hay sucb weight as is directed by this Act, every person so offending iT iftTiusses ^^I'^l^ forfeit and pay the sum of sixpence for every bundle or truss of hay or straw not being of such weight. Penalty on 8. And . . . That no common salesman, factor, or agent, within salesmen buy- ^j^g cities or limits aforesaid, shall buy and sell, on his own account, inl on their 0^" ^f any person or persons in trust for him, any hay or straw own account, whatsoever, or any grass of any kind or description, growing or hay or straw, making into hay, on jmin of forfeiting for each and every fifty-six hav^^" " pounds weight of hay so bought and sold five shillings, and for each and every thirty-six ])ounds weight of straw so bought and sold two shillings ; and also for each and every acre of such grass growing or making into hay, so bought and sold, a sum of money not exceeding five pounds, nor less than fifty shillings. Salesmen 9. And . . . That every common salesman, factor, or agent, for within / days ^^^^ gg^j^ ^i^ j^^^y ^^ straw, within the cities or limits aforesaid, shall, to sf*nfl to t'lip .' / J I within seven davs next after the sale of everv load or other quantity owner an ac- count of the of hay or straw, send to the person or persons on whose account pLace, time, ^]jg same shall have been sold, a just and true account under his hay or straw hand, of the |)lace where, time when, and the price for which sold, and of the saiiie was sold, and also the name and place of abode of the the purchaser, purchasers thereof, on pain of forfeiting for every neglect or on pena . . omission a sum of money not exceeding twenty shillings, nor less than ten shillings. A register to 10. And . . . That in every market for the sale of hay or straw be kept in within the cities or limits aforesaid, there shall be kept a publick markets for ]jook or register for entering and registering therein an account of of hay and all hay and straw which shall be, from time to time, sold in any straw, which such market ; and that in and for the city of London, such book or shall be open j-gaister shall be kept by the clerk or toll gatherer for the time 1 or insoGCtioii x »/ o ■ being, ap})()inted ])y the Lord Mayor, Commonalty, and citizens in the said city ; and that in and for every other such market within the city of Westminster and limits aforesaid, such book or register shall be kept by the clerk or toll gatherer appointed within their several jurisdictions, and that before six of the clock in the evening on the day of the sale of any hay or straw, exceeding four trusses in one quantity, within the cities or limits aforesaid in any market, and within seven days after any such sale in the said cities and limits out of any market, there shall be made by the seller thereof, a true and faithful entry in the book or register of the market in which such hay or straw shall be sold, or where the same shall be sold out of any market, in the book or register of the market nearest to the place of sale, distinguishing the true names and places of abode of the persons so selling, and for whom sold, and by whom and on whose account the same shall have been bought, and the place where sold, and the true price paid or agreed to be paid for the same, which entry shall be subscribed by each seller of hay or straw, for which entry shall be paid to the keeper of the book or register the sum of one penny ; and that every such book or register shall be kept at some convenient place in every such market for the sale of hay and straw within the cities and limits aforesaid, and shall at all times between the hours of nine of the clock in the morning and six of the clock in the evening of each and every day (Sunday excepted) be open for the inspection of every person applying to inspect the same, paying for every such inspection the sum of one penny j and in case any seller of hay or straw shall omit [36 Geo. 3.] The Ua,j and Sfraiv Act 1700. [Chap. 88.] 7 to make the })roj)er entry required by this Act, or the keeper of Penalty for any book or ro";ister for tlie piir])Oses aforesaid, shall knowingfly 'J'^' "^^'^''^^ suffer any untrue entry to be made or signed tlierein, or shall refuse making un- to permit such book or register to be inspected by any jx-rson true entry, or applying, and tendering payment of the fee for such ins])ection, f'^'' ''®^"^'"^, ^ V 11 e\ I I c 1-U1 -^ ,' inspection of every such seller ot hay or straw, or keeper oi such book or register, retjister. so offending, shall on conviction for every such offence forfeit and pay a sum of money n(jt exceeding live [)ouu(ls, nor less than ten shillings, 11. Provided also, . . . That nothing in this Act contained shall Act not to oblige any person to register any hay or straw which he shall deliver extend to hay in the cities or limits aforesaid, on special contract or agreement, !f ,^^fi^!!'^' Till 1 ii'iiiii 1 iiverefi on but such hay and straw only whicii shall be sent to any market or special con- place within the said cities and limits to be there sold, and which tract, shall be accordingly there sold, shall l)e registered as before is directed ; any tiling in this Act before contained to the contrary thereof in anywise notwithstanding. 12. Provided always, . . . That no clerk or toll gatherer, or his Penalty on deputy, within the cities and limits aforesaid, shall buy or sell, or '^1^''^ '^r toU be concerned in the buying or selling of hay or straw within the f'''^''®'^^'' I^"-^' cities or limits aforesaid, under the ])enalty of two shillings and hay or straw, sixpence for every bundle or truss of hay so bought or sold by him, or in the buying or selling of which he shall be so concerned, and of one shilling for every such bundle or truss of straw. 13. And . . . Tliat there sha,ll be provided by every clerk or toll scales and gatherer within the cities or limits aforesaid, and kept at the office weights to be of the clerk of every hay market within the said cities or limits, as ci^V^'^/th also at the watch house of each and every ])arish within the limits Market's thereof, by the churchwardens and overseers of such parishes re- "Office, and at spectively, proper scales and weights, or engines for the weighing '^®P^"^^ all hay and straw which shall be required to be weighed ; and such clerk or toll gatherer of the hay market, or his deputy, and the Hay weighers, constable or headborough of the parish or place where such scales, weights, and engines shall l)e kept, are hereby appointed hay weighers within their respective parishes and places: and if any ^ „ , doubt shall at any time arise, whether any hay or straw sold in the or straw may cities or limits aforesaid, is not of the weight the same ought to be, cause it to be then it shall be lawful for the buver thereof, his servant or agent, T^'^^^^ *^° fc* ^-^ ' I lolivGrv on the delivery of any such hay or straw at the abode, yard, or loft of the buyer, or other jilace where the same shall be agreed by the seller to be delivered, to cause the same to be weighed in the presence of the seller, or his servant or agent ; and if, on the same ^. ,. , 1 . . o ' ' Directions lor being so weighed, the buyer or seller of any such hay or straw, his weighing it in servant or agent, shall be dissatisfied with any such weighing, case of dis- it shall be lawful for any such buyer, his servant or agent, if satisfaction. the hay be delivered within a parish where there is any hay market, with all convenient speed, to a})ply to the clerk or toll gatherer, or his deputy, of such market, and if the hay be delivered in any other parish within the cities or limits aforesaid, to apply to the hay weigher nearest to the place where any such hay or straw shall be delivered to weigh the same, and on any such a])plicution being made, such clerk or toll gatherer, or his de{)uty, or other hay weigher who shall be applied to, shall with all convenient speed come to the place where such hay or straw shall be within the limits aforesaid, and shall there weigh such hay or straw as shall be complained of, and the weight thereof, 8 [Chap. 88.] • The Ha;/ and Straw Act 1796. [36 Geo. 3.] which shall he ascertained by any such clerk or toll gatherer, or his deputy, or other hay weigher, shall be conclusive to all parties ; but in case the clerk or toll gatherer of any market, or his deputy, shall not, upon such application as aforesaid, come with all convenient speed to the place where such hay or straw shall be delivered, it shall be lawful for the buyer, his servant or agent, to a])ply for the purposes aforesaid to such other hay weigher as shall be nearest to the j)lace where any such hay or straw shall be delivered : and the person who shall require any such clerk, toll gatherer, or his deputy, or other hay weigher, to attend and weigh any such hay or straw, shall pay or tender to such hay weigher the sum of three shillings for a load, or in proportion for a greater or less quantity, before he shall be obliged to go to weio-h anv such hav or straw ; and if the hav or straw which shall be so weighed shall not be of the due weight the same ought to be, then the sum so paid shall be forthwith repaid to him by the Tenaltv for seller of such hav or straw ; and if any clerk or toll gatherer, not providing g]^^-jj,p|^^g^j.jgj^ or overseer, within the limits aforesaid, shall omit to weio-hts, or provide and keejj proper scales and weights, or engines, for the for neglecting weighing of hay or straw, or if any clerk, toll gatherer, or his •^^ ^'^'^^ ^^^^ deputy, or other hay weigher, shall neglect or refuse to weigh any hay or straw when required, at any seasonable time in the day time, and so as the sum aforesaid shall have been paid or tendered, every such person offending therein, shall for every such offence forfeit and pay any sum not exceeding five i:»ounds, nor less than ten shillings. No penalty to 14. Provided always, . . . That no person shall incur any penalty be incurred f^j. gelling any hay or straw of less weight or worse quality than the orVtraw^not^ Same ought to be, unless such hay or straw shall be weighed either weight, or of at or before the delivery, with the privity of the buyer, his servant bad quality, q^. ^geut, or Complained of in respect of the quality thereof at the weiehed at time and place at which the same shall be agreed to be delivered by or before the seller, in the presence of such seller, his servant or agent, delivery, etc. unless such seller, his servant or agent, on request made, or on notice given to him or them to attend to see such hay or straw so weighed, shall refuse or neglect to attend to see the same so weighed ; any thing herein contained to the contrary thereof in anywise notwithstanding. Hours at 15. And . . . That the markets for sale of hav and straw, within which mar- ^.hc cities and limits aforesaid, shall end at three of the clock in the of which ^^' ' afternoon of every market day between Lady Day and Michaelmas, notice-shall and at two of the clock in the afternoon of every market day be given by between Michaclmas and Lady Day, and that notices thereof shall on peii^rtv^ ' ^^ given by the clerk or toll gatherer, or his deputy, in the several markets or places for the sale of hay and straw within the cities and limits aforesaid, by ringing on the usual market days a large hand bell round each respective market or place for the sale of hay or straw, one hour before the expiration of the times above- mentioned, and again at the expiration of the hours above-mentioned, on pain of forfeiting for everv sucli offence a sum of money not exceeding ten shillings, nor less than five shillings ; and every Penalty for person who shall sell any hay or straw in any market within the selling after cities or limits aforesaid, after the hours aforesaid, shall forfeit market houre;. fQj. every bundle or truss of hay so sold the sum of sixpence, and for every bundle or truss of straw so sold the sum of three- pence. \_A7nended 4 & 5 Win. 4, c. 21.] [36 Geo. 3.] The lla>, ,i„(l .Stran- Act ITUfi. [Chap. 88.] 9 16. And . . . That if any person having the care or direction of ^'enaity for anv wagfron, wain, or cart, used for the i)urpose of brinj'inj' hay or ''^^*^'"& ''^y ,' 7 II ^ Ii A • • 1 i. 1 ^' ^1 carts remain straw, shall sutler the same to remani ni any market or j)lace lor the in hay mar- sale of liay and straw within the cities and limits aforesaid, on kotsaftt-rcer- the usual market days from Lady Day to Michaelmas, after five of ^^'n hours, the clock in the afternoon, and from Michaelmas to Lady Day after three of the clock in the afternoon, in any year, every person so offending shall forfeit for every snch waggon, wain, or cart, so left as aforesaid, a sum of money not exceeding twenty shillings, nor less than five shillings. \_Aineiulc(l 4 k. 5 \Vm. 4, c. 21.] 17. And . . . That if any person having the care or direction of Penalty for any waggon, wain, or cart, in any market or place for the sale of hay P«=r™iit'ng or straw within the cities or limits aforesaid, shall ])ermit or suffer jng^hay m-^* the horse or horses drawing the same to feed and remain in any such straw to re- market or place for the space of fifteen minutes, dnring the iiours "lain in a_ allowed for sale of hay or straw, under any })retence whatsoever, mfnufes dnr- every person so offending shall for every such offence forfeit and ing market ])ay a sum of money not exceeding twenty sliillings, nor less than bo"rs. five shillino-s •o^«- 18. And . . . That no person whatsoever shall buy and sell again Penalty for any hay or straw, that shall or may be conveying by land or water ^Hv °^ ^°'^. carriage for the purpose of selling within the cities or limits aforesaid, hW or s^aw, and that every jterson so offending shall forfeit for every truss of conveying to hay or stray so bought and sold the sum of five shillings ; and no be sold within person shall buy any hay or straw in any market or place for the the Act, or sale of hay or straw, for the ])urpose of selling again in any such buying in a market or other place within the cities or limits aforesaid : and °^^'"^.^f P^^? every person so offending shall, for every truss of hay or straw so therein. ^^^^° bought, forfeit and pay the sum of five shillings : Provided always, that no person selling hay or straw by retail at their own premises, in any less quantity than five trusses as aforesaid, shall be liable to such last mentioned penalty. 19. And . . . That if any person within the cities or limits Penalty for aforesaid shall, after having purchased for, or sent in or delivered charging to any person, by whom or on whose account he may have been so ^n,aUy^^id, employed to jjurchase any hay or straw, charge or demand a greater })rice than what was really and truly paid or agreed to be paid for any such hay or straw, every person so offending shall forfeit and pay the sum of five shillings for every bundle or truss of hav or straw so purchased, sent in, or deliv^ered. 20. And . , . That if any person shall sell any quantity of hay or Penalty for straw within the cities or limits aforesaid, and shall al'terwards send qJ"//^"!"^ in or deliver, or tender to the buyer thereof, as and for the hay or the commo- straw so sold, any other hay or straw in ])art or in whole, every dity sold, person so offending shall forfeit and pay the sum of ten shillings for every bundle or truss of hay, and the sum of five shillings for every bundle or truss of straw so sent in, delivered, or tendered as aforesaid. 21. And . . . That if any i)erson shall knowingly and fraudulently Penalty for mix, or put, or cause to be mixed, or j)ut, any water, or any sand, fraudulently earth, or any other matter or thing, in any bundle or truss 'of hay JJ'gYghf.^"^ or straw, with an intent to increase the weight thereof, and shall afterwards sell, send in, and deliver the same, or any part thereof, within the cities or limits aforesaid ; or if any person shall sell any quantity of hay or straw, within the cities or limits aforesaid, and 10 [Chap. 88.] The Hay and Straw Act 1796. [36 Geo. 3.] Penalty for delivei'ing less than the number of trusses sold. Penalty for not bringing hay or straw, exposed and not sold, to the market place on the ensuing mar- ket dav. etc. Penaky for giving or re- ceiving false receipts of the price of hay or straw sold. shall afterwards mix, or put, or cause to be mixed, or put, iu the bundles or trusses of such hay or straw, water, sand, earth, or any other matter or thing, with an intent to increase the weight thereof, or any part thereof, and shall afterwards send in, or deliver, or tender to the buyer thereof, any such hay or straw, every person so offending shall forfeit and pay the sum of ten shillings for every bundle or truss of hay, and the sum of five shillings for every bundle or truss of straw so sent in, delivered, or tendered as aforesaid. 22. And . . . That if any person selling any hay or straw, in any market or place within the cities or limits aforesaid, shall deliver to, or tender to or for, or on account of, the buyer thereof, a less number of bundles and trusses of hay or straw, as or for the true number bought and sold, or if the driver of the waggon, wain, or cart, in which such hay or straw shall be, for the purpose of being delivered according to such sale, shall secrete, keep back, or withhold, any part of the said hay or straw, or shall deliver a less number of bundles or trusses to the buyer, such driver or person selling, knowing the same so delivered not to be the true number bought, or which ought to be delivered according to such sale, every driver or person selling so offending, shall forfeit and i)ay the sum of five pounds for every bundle or truss of hay or straw so secreted, kept back, withheld, or not delivered ; and in default of immediate pay- ment of any such penalty by any such driver, on conviction before any Justice of the Peace in whose jurisdiction the offence shall have been committed, such driver or person selling, shall be forthwith sent, by warrant under the hand and seal of such Justice, to the House of Correction, or other prison within the jurisdiction of such Justice, there to remain and be kept to hard labour. . . . [Part omitted (as to period of imprisonment') rep. hy the Summary Jurisdiction Act 1884, s. 4.] 23. And . . . That if any person or persons, after having brought or received any hay or straw for sale, or exposed any hay or straw to sale on a market day, in any market or place for sale of hay or straw within the cities or limits aforesaid, which shall not be sold, shall thereupon lodge the same in any place near to such market or place as aforesaid, and shall not, if the same be not before that time sold, bring and expose the said hay or straw for sale in such market or place, by eleven of the clock in the forenoon of the next ensuing market day, or if any person lodging any hay or straw as aforesaid, which shall be brought to any place for the purpose of sale on a bye day or a day between the usual market days, shall not, if the same be not before that time sold, bring and expose all such hay or straw for sale in such market near to where the same was lodged, on the following market day by the same hour as aforesaid, or as soon after as the weather will permit without endangering the spoiling or injuring the same, every person so offending shall forfeit and pay for every such offence any sum of money not exceeding five pounds, nor less than forty shillings. 24. And . . . That if any person who shall have been concerned in buying or selling any hay or straw within the cities or limits aforesaid, shall give, take, or receive, any false or untrue receipt, ticket, or memorandum, of the price of any hay or straw so sold or bought as aforesaid, expressive of a greater or less price than what the same was really and truly sold for or bought, every person so offending shall for every such offence forfeit and pay any sum not \ [36 Geo. 3.] The Ikuj ami iSlnuv Act WMi. [Chai-. 88.] 11 exceeding tea pounds, nor less than Hve pounds, upon complaint being made to any Justice of the Pcaci; within whose jurisdiction the offence slnill have been comnjitt('ed. leading from London to Croydon being the boundary thereof on the one side or within the distance of two hundred feet from the old enclosures being the boundaries thereof on the east and south sides nor shall any such erections or liuildings be erected ujion any other of the said common lands or wood grounds intended to be divided or enclosed by this Act within the distance of one hundred feet in front of any messuage or dwelling house already erected upon any land adjoining thereto without tiie consent in writing of the owner or owners of such last mentioned messua":e or dwellins: house and his or their lessee or lessees respectively, and in case any such buildings or erections shall at any time or times hereafter be built contrary to the true intent and meaning of this Act it shall be lawful for any j)erson or jjcrsons who shall be injured or atfected thereby to remove or abate the same or otherwise to proceed against the person or persons so offending in like manner as in case of nuisance. • ••••• \_The remainder of the Act contains usual Enclosure Act provisions, appointing Enrlosure Commissioners and hn/ing down the procedure for enclosing the lands.] * See Appendix. 18 [Chap, cxci.] The Waterloo Bridge Act ISOO. [49 Geo. 3.] 49 GEORGE III. A.D. 1809. CHAPTER CXCI. An Act foe building a Bridge over the River Thames, from THE Precinct of the Savoy, or near thereunto, in the County of Middlesex, to the Opposite Shore ; and fob making Convenient Roads and Avenues to communicate therewith, in the County of Surrey. [20M June 1809.] [Preamble recites (inter alia) that it tcill he of achantage not ordy to the inhabitant a of the city of Westminster and pa.rts adjacent, and of the parish of Saint Mary Larnbeth in the county of Surrey, but to many other of His Majesty's subjects, and the public in gerveral, if a bridge were erected ocer the Rizer Thames, from some pa.rt of the Precinct of the Savoy, or nea/r or adjoining thereunto, in the county of }[iddlesex, to the opposite shore at or near <'uper\s Bridge in the said jjarish of Saint Mary Lambeth in. the soAd county of Surrey : OMd if convenient roaAs and a/cenues tcere made to com- municate therewith from a certain road leading from the east end of WestmiJister Bridge to the Stones End in Blackman Street, in the parish of Saint (jeorge, in the borough of Southwarh. near a certain jjlace called The Obelisk in Saint George'' s Fields, in the parish, of Saint George Southwarh, and from a certain other place called Oakley Street, in the jyar/^-;^ of Saint Mary Lambeth, both in the said county of Surrey, and from a certain other pjla.ce called Stamford. Street, in the parisJi of Christchurch, in the county of Surrey, to the Westminster Road near Westminster Bridge, in the parish of Saint Mary Lambeth aforesaid^ 1 — 40. [Incorporation of the Strand Bridge Company ivith ajxthorized ca.jntal of £500,000 — Financial procisions and Com- pany's procedure. Spent. See 40 & 41 Vict. c. xcix.] To make 41. . . • Tliere shall be constructed at the north end of the landing said hridge one, and on the south end two, convenient stone stairs places. Qj. plying jjlaces, for the use of the watermen and wherrymen rowing upon the said river of Thames from Windsor in the county of Berks, to Gravesend in the county of Kent, and that the said watermen and wherrymen shall have the free use of the said stairs, in the same manner as they have of the stairs and plying places at Westminster Bridge and Blackfriars Bridge, and which said stairs and plying places shall from time to time and at all times hereafter be upheld, maintained, and kept in good, proper, and substantial repair, at the costs, charges, and expences of the said Company of Proprietors and their successors. 42 — 44. [Construction of bridge. Spent.'] Company may 45. And whereas it may happen that the said bridge, after it shall make a ferry j^ave been completed and used, may receive such damage by hrid^ii^^^ Unforeseen accidents, that the passage thereof may for a time accidents become dangerous and impracticable : be it therefore enacted. That happen. when and as often as it shall so happen, it shall and may be lawful to and for the said Company of Proprietors or their committee, or any five or more of them, or such person or persons as they [40 Geo. 3.] Tlw Waterloo BruUje Act l^suD. [Chap. cxcL] 19 shall or may a])i)oiat for tliat purpose, from time to time as often as occasion shall require, to provide a proper and convenient ferry or ferries across the said Kivcr Thames, or otherwise to erect or build a tcmpoi-ary bridge; at some ])lace or places near to the scite of the ^aid bridge : . . . Provided always, that such ferry or ferries or temporary bridj!;e shall continue for such terra only as shall be necessary for repairing and rebuilding the said bridge, and until the passage over the same shall cease to be dangerous or impraeticalde as aforesaid, and no longer : Provided also, that the said ( 'om])any of Proprietors or their committee and successors, shall from time to time and at all times hereafter, when and as often as occasion shall re(inire (in case the said bridge shall become dangerous and imj)racticable, and a ferry or I'erries j)rovided or a temporary l^ridge erected as aforesaid) be comi)elled to employ for the working and navigating the said ferry or ferries, the free watermen and wherrymen rowing and working on the said river of Thames from Windsor in tlie county of Berks to Gravesend in tlie county of Kent ; and that the said free watermen and wherrymen shall have the sole right of conveying foot passengers across the said river, and no other j)erson or persons whomsoever ; anything herein contained to the contrary notwithstanding. \_Part omitted (as to tolls) su^evaeded 4iJ & 41 Vict. c. xcix. ,s. 10.] 46. [Comijensationio the Comparn/ of Watermen and Wherrymen. Spent.^ 47. \_Power to build, and maintain the bridge. Spent in part. Remr. superseded 40 & 41 Vict. c. xcix. s. 16.] 48. \No house except toll house to be erected on bridge. Spent.~\ 49. And whereas, in order to have a proper and convenient access to the said bridge on the Surrey side of the said liiver Thames, it will be necessary to make divers new roads and avenues from the Companvmay said bridge to divers places in the parishes of Saint George South- make roads. wark, Christ Church, and Saint Mary Lambeth, in the said county of Surrev : be it further enacted, That it shall and mav be lawful to and for the said Company of Proprietors to set out and make a road from the said bridge to the road leading from the east end of Westminster Bridge to the Stones End in Blackman Street in the parish of Saint George in the borough of Southwark, near a certain place called The Obelisk in Saint George's Fields in the said j)arish of Saint George Southwark in the said county of Surrey ; and also set out and make another road from the said bridge to a certain other place called Oakley Street, in the said parish of Saint Mary Lambeth, in the said county of Surrey ; and also to set out and make another road from a certain street called Stamford Street in the said ])arish of Christ Ciiurch, in the said county of Surrey, into the said tirst-mentioned road, and to continue the same across the said first-mentioned road into a certain road called the Westminster ]?oad, in the said parish of Saint ^lary Ltimbotii, in such manner as they the said Company of Proprietors shall deem proper and expedient, they the said Company of Proprietors first making satisfaction to the owner or owners of such lands, houses, tenements, and hereditaments, as they may require for the making and constructing the said roads in manner hereinafter directed, in respect of the owners of other lands, houses, tenements, and hereditaments. . . . [^Part omitted {as to repair of roads) superseded 40 \ 41 Vict. c. xcix. X. 1(3.] 20 [Chap, cxci.] The Waterloo Bridge Act 1809. [49 Geo. 3.] 50 — 63. \_As to compensation — Powers to alter pavement of pjart of the Strand — To take lands and, to sell lands not wanted — Apjplication of purchase money. Spent.~\ 64, 65. [Saving rights of the Crown, Dean and Chapjter of Westminster, and the High Steward, High Bailiff' and Burgesses of West minster. ~\ 66 — 86. \_Saving i-ights of Commissioners of Seicers of Surrey and Kent, Messi^s. Phelps ^^ Company, and the German Reformed Protestant Chapel — Compjensation for rates in St. Mary-le-Strand and St. Clement Danes — Provisions as to acquisition of lands, and. assessment of compensation- — Poicer to Duchy of Lancaster to sell kinds, etc. — As to embanking the Thames from the east of the bridge to the then embankment of Somerset House, and compensation to the tenants of the Duchy of Lancaster. Spent. Superseded, {as to Comynissioners of Sewers) 11 & 12 Vict. c. 112.* See noiv 18 & 19 Vict. c. 120 s. l"35,] 87. {Saving riglits of the Sovereign in respect of the Duchy of Lancaster.^ 88. \^Bridge Aveime to be sixty feet from Somerset House. Spent.'] 89 — 100. \Powers for Duchiy of Cornwall to sell lands, and. for Comp)any to exchange certain lands with the Duke of Cornwall — General p)romsions as to taking of lands, recording verdicts, paymeiit of purchase money for lands taken. Spent.] 101—116. [As to tolls. Superseded 41) & 41 Vict. c. xcix. 6-. 16.] 117 — 121. \_Authorizing Company to allow Water Companies to lay pipes upon or over the bridge and to take payments — To take witfwuX payment gravel, etc., for making or repairing authorized works, from rivers, brooks, moors, wastes, or commons — Bridge and roads not to he liable to parocldal rates, and saving rights of trustees of certain roads. Spent or semble obsolete.] 122 — 131. [_For removing annoyances — L^oppjing trees — Penalties on throwing rubbish and on trailing timber on the roads — Transient offenders — Penalties for damaging milestones, watch-houses, lamps, etc., ajid for assaulting officers, etc., and for destroying ivorks. Semble superseded .57 Geo. 3, .:'. xxix. s. 65 ; the Lliqliways Act 1835, ss. 65, 72 & 79 ; 2 & 3 Vict. c. 47, ss. 54, 60 & 63; 18 k 19 Vict. c. 120,5. 206; the Malicious Damage Act 1861, 55. 33, 34, 51 & 52 ; 45 Vict. c. Ivi. s. 41 ; and 55 k 56 Vict. c. ccxxxviii. s. 40.] 132. [_LIalf the bridge deemed to be in Middlesex and hialf in Surrey. Supjerseded 51 & 52 Vict. c. 41,] 133 — 145. \_Ap])lication of tolls— Provisions as to Commissioners — Repair of bridge and revival of tolls, and Company s books to he evidence. Superseded \^ k 41 Vict. c. xcix. 5. 16.] 147. \_Saving rights of Mayor and Corporation of L^ondon as Conservators of Thames. Superseded 57 k 58 Vict. c. clxxxvii.f] 148, 149. [^Penalties and forfeitures. Spent ; and see the Summary Jurisdiction Acts.] Allowing an ]^50. [,l.s- to appjcals to Quarter Sessions. Spent.] appeal. * Rep. 38 & 39 Vict. c. 66 (S.L.R). f See Appendix. [53 Geo. 3.] The Waterloo Bridge Act 1813. [Chap, clxxxiv.] 21 151 — 153. \_Sanimoniii(j icitiifn.'iefi — Form of conviction and dis- tress. Sn/jerficded hi/ the Su7nmari/ Jurisdiction Acts."] 154, 155. [ Tender of amends — Notice and limitation of actions. Rep. in part bij the Limitations of Actions and Costs Act 1842. Remr. superseded bj/ the Public Authorities Protection Act l>:i03.*] 156. [^Act to be judicially noticed.'] Schedule. [^Description of lands to be taken. Spent.] 53 GEORGE III. A.D. 1813. CHAPTER CLXXXIV. An Act for altering, enlarging, and extending the Powers OK AN Act of His tursent Majesty, for ruilding a Bridge OVER the River Thames, at the Precinct of the Savoy, OR near thereunto ; AND MAKING RoADS AND A VENUES TO COMMUNICATP] THEREWITH, IN THE COUNTIES OF MIDDLESEX AND Surrey. \2nd Jub/ I'^Vi.'] [Preamble recites 49 Geo. 3, c. cxci.] 1 — 20. [Powers for Compamj to alter the approach to the north foot of the said bridge from the Strand, as shoini on plans deposited ivith the Clerks of the Peace for Middleseu: and Surrey, and to take premises described in the schedule to the Act — As to correcting books of reference — Variation of 4'.i Geo. 3, c. cxci. s. 58 — Financial promsions — Compensation to Jesus College, Oxford — Bridge to be completed before roads begun — Amendment of 49 Geo. 3, c. cxci. s. 42 — As to building and opening of bridge for foot passengers before completion — Resale to the City of London of lands not ivanted. Spent.] 21. [Company not to obstruct Narrow Wall, in the parish of St. Mary Lambeth. Rep. 50 Geo. 3, c. Ixiii. s. 1.] 22 — 26. [No houses except toll houses to be erected on bridge or roads — Fou'er to lease tolls — ^1*' to rates in St. Mary-le-Strand — Explaining 49 Geo. 3, c. cxci. s. 88 — Tolls on the new roads. Spent in part. Remr. superseded 40 & 41 Vict. c. xcix. 6\ 10.] 27. ... It shall aud may be lawful for the said Com])aiiy to ^g ^^ ij^jj^jj make and oonstrnct two stone stairs or ]ilyino^ ])laces at each end of places, the saitl brid.ue. 28 — 31. [Repeal of certain exemptions from toll — Wiriation of 49 Geo. 3, c. cxci. s. 79, as to compensation for lands taken and as to expenses of purcltases. Spent.] 32, 33. [Nen- Commissioners appointed — Extending 49 Geo. 3, c. cxci. to this Act.] 34. [Act to be judicially noticed.] Schedule, [description of lands to be taken. Spent.] * See Appendix. 22 CHAr. Ixiii.] The Wafrrloo Bridge Act 181G. [56 Geo. 3.] 56 GEORGE III. A.D. 1816. Eoad to be stopped up how to be disposed of. Power to make a new road, and take lands. CHAPTER LXIII. An Act foe altering and enlarging the Powers of Two Acts OF His present Majesty, for building a Bridge over the llivER Thames, from the Precinct of the Savoy, or near thereunto, in the County of Middlesex, to the Opposite Shore ; and for making Convenient Eoads and Avenues to communicate therewith in the County of Surrey, and ALSO for making A NeW RoAD IN LIEU OF PaRT OF THE POAD OR Street called Narrow Wall, in the said County of Surrey, and for making an Archway over Part of such New Road ; and for denominating the said Bridge the Waterloo Bridge. [2^\th June 1816.] \JPreamhlc recites 49 Geo. 3, c. cxci. and 53 Geo. 3, c. clxxxiv.] 1, 2. \_Bepeal of 53 Geo. 3, c. clxxxiv. as to obstructing Narrow Wall, Lambeth. Power to stop up j^d'i^f of Narrow Wall. Spent.'] 3. . . . When and so soon as that part of the said road or way called Narrow Wall, hereinbefore described, shall be stopped up by virtue of the provisions of this Act in resjiect thereof, that part of the same which will lie on the west side of the intended road from the said bridge to the Obelisk shall be and become vested in his Grace the Archbishop of Canterbury, and shall be thence- forth ])art and parcel of the possessions of the see of Canterbury, but subject to be occupied by the lessees of the adjoining lands until the expiration of their leases, and that part of the same which shall lie on the south side of so much of the wharf called Hearne's Wharf as lies eastward of the said brido-e shall be and become vested in the said Archbishop, and shall be thenceforth part and parcel of the possessions of the said see, but subject as aforesaid, and also with, under, and subject to all such and the same powers and provisions as the same would have been subject to under or bj' virtue of the said recited Acts or either of them in case the same had been included in the schedule to the said first-recited Act, and that i^art of the same which shall lie on the site of the said intended road from the said bridge to the Obelisk, and on the south side of the wharf belonging to the Com])any, formerly the property of Jervoise CUerke Jervoise, shall thenceforth be and become vested in the said Company, and the residue thereof shall be conveyed by the said Company to and become vested in His Royal Highness the Prince of Wales as Duke of Cornwall, and shall thenceforth be part and parcel of the estate of the Duchy of Cornwall called Prince's Meadows, pursuant to the provisions of this Act. 4. . . . The said Company of Proprietors shall have full power and authority, by virtue of this Act, to make and construct (in lieu of that part of the said street or way called Narrow Wall by this Act authorized to be stopped up) a road or way of the width of thirty feet and no more, from or from near to a certain road called the Commercial Road, at or near where the said road adjoins the said street or way called Narrow Wall, on the eastern side of the intended road leading from the said bridge to the Obelisk in Saint George's Fields, to or near that part of the said street or way called Narrow ^Vall, on the western side of the said intended road from the said bridge to the Obelisk aforesaid, [.j7 Geo. 3.] T/>f Mftropolitan Paving Act 1817. [Chap, xxix.] 23 which adjoins or is near to the western part of said house, slaughter- house, and yard in the occupation of Alexander Everard, in manner described and delineated in the map or plan hereinafter men- tioned. . . . \_Rfmaiii(lt'r of section authorizes Compamj to take lands described in the schedule to this Act for the purposes of this Act and the recited Acts. Spent. "j 5 — 15. [Plans showing intended new road to he deposited n:ith the Clerk of the Peace for Surreg — Mistakes in the schedule not to a feet the purposes of the Act — Compensation for lands taken — Exchange of lands with the Duchy of Cornwall — Powers to the Duchj to grant leases — Further provisions as to lands to be taken. Power to make an archway over the intended new road. Spent. 1 16 — 20. \_Tolls and Plnancial provisions. Spent in part. T*emr. superseded 40 & 41 Vict. c. xcix.] 21. \_Savinq riqhts of certain Commissioners of Seicers. Super- seded U & 12 V'icf. ^.'112.* See now 18 & 19 Vict. c. 12i), 6-. 135.] 22. And whereas the said bridge when completed will be a work The bridge of great stability and magnificence, and such works are adapted to to be called transmit to posterity tlie remembrance of great and glorious achieve- i^^q Brid^e^." ments : And whereas the said Company are desirous that a desig- and the Cora- nation shall be given to the said bridge which shall be a lasting P^"^'*^^^ record of the brilliant and decisive victory achieved by His Majesty's companv of forces, in conjunction with those of his allies, on the eighteenth day i'roprietbr.s of of June one thousand eight hundred and fifteen : Be it therefore ^J'*? ^^aterloo further enacted, That from and after the passing of this Act the said '" ^^' bridge shall be called and denominated the "Waterloo Bridge, and shall cease to be called l)v the name of the Strand Bridge : and the said Company shall also, from and after the passing of this Act, be called by the name and style of " The Company of Proprietors of the "Waterloo Bridge." . . . \_Part omitted gives certain usual Company powers as to purchasing and holding lands in the name of the Company. Superseded 4i) & 41 I'ict. c. xcix.] 23 — 26. [Additional Commissioners appointed ; 49 Geo. 3, c. cxci. and 53 Geo. 3, c. clxxxiv., and this Act to be construed as one Act, and this Act to be judicially noticed.] Schedule. [Description of lands to be taken. Spent.] bl GEORGE III. A.D. 1817. CHAPTER XXIX. t Ax Act for better paving, improving, and regulating the Streets of the Metropolis, and removing and preventing Nuisances and Obstructions therein. [KSth June 1817.] [Pi'eamble.] 1. This Act and the provisions herein contained shall extend to Act to extend all streets and public j)laces which are now paved, or which may *^.^^! *^^^®^* be hereafter paved, within the cities of London and Westminster Metn^poHs and borough of Southwark, and any other parts of the Metropolis and the bills which are included within the weeklv bills of mortalitv, and to all •^'f mortalitv, * Rep. 38 k. 39 Vict. c. 66(S.L.E.). t This Act is coiiimoulv called " Michael Angelo Taylor's Act," and is extended by 25 &: 26 Vict. c. 102. s. 73. 24 [Chap, xxix.] The Metropolitan Pacing Act 1817. [57 Geo. 3.] and Pancras aud ^lary- le-bone. Certain housekeepers in anv part of the Metropolis may give notice to surveyors of any danger- ous or very defective pavement, and shall require the reparation thereof. Surveyors or commission- ers shall cause such dangerous or defective pavement to be repaired. streets and public places which are now paved, or which may be hereafter paved, within the parishes of Saint Pancras and Saint Mary-le-bone in the said county of Middlesex, excejrt only any parts thereof which may be hereinafter particularly excepted. 2 — 5. {_As to surzeyorii. Superseded 18 & 19 Vict. c. 120, s. 06.] 6. . . . In case any person being the occupier of an inhabited dwelling house, situate in any parish or place also within the jurisdic- tion 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 fifty pounds 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 sucli parish or place, parishes or places, wherein such dwelling houses shall be respectively situate, at the sum of twenty-five pounds at the least, for and in respect of their said respective dwelling houses, shall think that the pavement of any street or pul)lic place in any parochial or other district within the jurisdiction of this Act, or any jjart of such pavement, is in a state dangerous to jjassengers, 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 dwellins: houses is or are situate, and describing the j^art 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 aud 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 aud within the parochial or other district wherein the part of any street or 2)ublic 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 dwelling house or oflfice 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 ])avements of and within such parochial or other district, pursuant to the directions of this Act. 7. . . . Every person from time to time hereafter being the sur- veyor of the pavements of any parochial or other district within the jurisdiction of this Act, to whom shall be given or for whom sliall be left a notice, signed and prepared as before directed, of the dangerous or very defective state as aforesaid of any part of the pavement of any street or public place in the parochial or other district in and for which he shall then be a surveyor of pavements, shall forthwith inspect the part of the pavement described in such notice given to or left for him : aud if the same or any part thereof shall really be in a state dangerous to passengers, or so very defective as to occasion serious inconvenience to i:)assengers and carriages, and if the costs and charges of and about the repairing of such dangerous or very defective pavement will not exceed the sum of two pounds, he shall cause such |)avement to be effectually [57 Geo. 3.] Ue Metropolitan Pa ciny Act \>i\':. [Chai-. xxix.] 25 re])aired within 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 two jionnds, but will not exceed tlie sum of ten pounds, then he siiull 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, sucli surveyor may and shall cause such pavements to be so effectually repaired by antl of his own autliority, and without any order or direction from the commissioners or trustees or other persons having the control of the pavements of the parochial or other district wherein he shall be ap])ointed to act : and the costs and charges of such effectual reparation shall be ])aid by such commissioners or trustees or other ])ersons having the control of the pavements of the parochial or other district wherein such dangerous or very defective pavement may be situate ; but if it shall ap]>ear to the said surveyor, upon the insjjection 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 passen- gers and carriages, and that the costs and cliarges of and about the effectual reparation of such })art 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 ten ])Ounds, 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 jiarochial or other district, within three days after such notice shall have been given to or left for him as aforesaid, and shall in writing recpiire such clerk or clerks, or other proper officer, duly to summon a general meeting of the commissioners or trustees or other persons having the control of the ])avements of such parochial or other district, according to the usual custom of such clerk or clerks or other ])roper otlicer. or to the directions of the local Act or Acts of Parliament under or by virtue whereof sucli commissioners or trustees, or other j)ersons having the control of the pavements of and in such i)arochial or other district, shall be a])])ointed : and that such clerk or clerks, or other i)roper officer, witliin 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 j)crsotis liaving the control of the ])avements of and in such ])arochial or other district, to be held wiihin four days then next, for the ])urpose 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 j)ersons having the control of the jtavements of such ])arocliial or other district, or a suthcient number of them for the transaction of Imsiness, according to the provisions of the local Act or Acts of Parliament under or hy virtue of whicli they are or shall be appointed, shall assemble at their usual place of meeting pursuant to such summons, and shall then and there 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 paveiuent described in such notice, or any part thereof, shall really be in a state dangerous to passengers, or 26 [Chap, xxix.] The Metropolitan Paving Act 1S17. [57 Geo. 3.] Justices on neglect may summon sur- veyors, and order the repair. SO very defective as to occasion serious inconvenience to passengers and carriages, then sncli commissioners or trustees or other persons shall then and there direct the effectnal reparation of such part of the ])avements mentioned in the said notice as may be dangerous to passengers, or so very defective as aforesaid, and shall cause the same and every part thereof to be so effectually repaired at their costs and charges, within twenty-eight days then next, if the charges of and about so effectually repairing the same will not in their judg- ment exceed the sum of fifty pounds, 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 fifty pounds. 8. ... 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 defective 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 hereinbefore appointed for the reparation thereof, (that is to say) within three days from the dav whereon the said notice shall have been a-iven or left as aforesaid, if the costs and charges of and about such repair would not exceed the sum of two pounds, and within seven days from the dav whereon the said notice shall have been ""iven or left as afore- said, if the costs and charges of and about such repair would not exceed the sum of ten pounds, and within twenty-eight 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 fifty pounds, and within six weeks next after the said notice shall have been aiven or left as aforesaid, if the costs and charges of and about such repair would exceed the sum of fifty pounds, 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 aforesaid 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 which must be incurred in and about such reparation ; then such Justices of the Peace, by a summons under their hands, shall require the said person, being ax)pointed 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 afore- said, shall be situate, to or for whom the said notice, prepared and signed as aforesaid, shall have been given or left, according to the [57 Geo. 3.] I1>e Metropolitnn I'arirKj Act 1^17. [rHAP. xxix.] 27 tlireetioiis of this Act, to appear before them the said Justices, at a place and time to be mentioned in snch summons (and the time being- twenty-fonr hours at the least after the said summons shall have been given to the said surveyor, or shall liavc Ix'en left for him at his dweliiug house or (•fficc witliin the ])arochial or other district the pavement whereof he shall l)e ai»pointed 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 ])avement described in the said notice hath not been sufficiently repaired according to sucli notice within the times hereinbefore ])y tliis Act limited, according to the expense which must be incurred in and about such re})air; and that if the said surveyor, or some ])orsoii authorized by him, shall not attend before the said Justices at the time and jdace 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 Justices a sufficient cause or sufficient causes why the said l)avement described in the said notice given to or left for the said surveyor as liereinl)efore is directed, and every part thereof, have not been sufficiently 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 ])assen- gers, or so very defective 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 costs and charges of such summons and order, and which said sum of money so l»y the said Justices ordered to be ])aid bv the said survevor shall and mav 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 j)arochial or other district wherein he the said surveyor shall have l)een appointed to act as surveyor of the ])ave- ment, within three days then next if the costs and charges of and about such repair will not exceed the sum of two pounds, and within seven days then next if the costs and charges of and about the said repair will not exceed the sum of ten j)ounds. and within twenty- eight days then next if the costs and charges of and about such repair will exceed the sum of ten pounds but will not exceed the sum of fifty pounds, and wirliin six weeks then next if the costs and charges of and about sucli repair will exceed the sum of fifty pounds ; 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 pavement whereof he shall be appointed to survey, inscribed on the said boards herein- before 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 28 [Chap, xxix.] The Metropolitan Paving Act 1817. [o7 Geo. 3.] time to be directed Lv the said order, at the costs and charfjes of the commissioners or trustees or other persons having the control of the pavements of that parochial or other district wherein the pavements 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 ])repared 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 })assengers, or was not in a state so very defective as to occasion serious inconvenience to passengers and carriages, 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 show 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 and in any or either of the said cases the said Justices shall dismiss the said complaint of the ])erson 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 com])laint to them the said Justices, hath or have forfeited the sum of forty shillings, and shall direct the same sum of forty shillings 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 forty shillings 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 Justices 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 fifty pounds, or that such reparation cannot be probably comjjleted 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 sucli repair and such special circum- stances in the judgment of the said Justices of the Peace, will permit. Surveyors 9. ... If any person from time to time hereafter, being the sur- neglecting to veyor of the pavements of any i)arochial or other district within the attend on jurisdiction of this Act, and being summoned by any two Justices disobeying 0^ the Peace as hereinbefore is directed, shall refuse or neglect, their orders, either personally or by some person authorized by him to attend ''^^,^^^11^^'?^'^ ' before such Justices at the time and place to be mentioned in such disqualified summons, or shall refuse or neglect to ])erform and obey any order on a third which may be legally made by such two Justices of the Peace, under offence. 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 carriages in any streets or public places within the parochial or other district for which he shall he appointed to act as a surveyor of the pavements, and to perform and obey the same within the time specified therein [07 Geo. :5.] The MotmiioUtan Pacing Act \s\~, '"(."hap. xxix.] 29 (he having notice thereof as hereinbefore is directed, and not being prevented from the observance and performance of snch order by frost or other unavoidable circumstances, or by the neglect or proceedings of any water or gas conijiany, or commissioners of sewers), tlicn and in such case the said person being the surveyor as aforesaid shall forfeit and ])ay for such refusal or neglect any sum not exceeding ten jHjunds for the first offence, and a sum not exceeding twenty pounds for tin; second offence, and a sum not exceeding thirty ])oiinds for every third offence, to be recovered in such manner as other penalties or forfeitures are by this Act herein- after directed to be recovered, and to be paid, when recovered, to the churchwardens or overseers of the })Oor of the parisji or district wherein any such dangerous or defective pavement shiiU be situate, and to be by them aj)j)lied to and for the use of the jioor of such parish or district, and in aid of the rates for the relief of the poor of such parish or district, and to no other person or persons an(l for no otlu'r use or ])urpose whatsoever ; and sui-h ])erson who shall be guilty of such third offence shall thereafter become dis(pialified from acting in tiie 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 be'ng reap]H)inted or appointed tiu'reto, 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 j)ersons by whom he shall have Ijeen appointed : Provided always, that all costs, charges, and expenses which such ])erson, being the surveyor of the ])avements of any parochial or other district, shall incur or expend in and about the observance and performance of any such order made by the said two Justices of the Peace as aforesaid for the rejiaration of the pavements in such parochial 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 bv the directions in writiu"" of the commissioners or trustees or other persons having the control of the pavements of the parochial or other district for which he may be appointed to act, shall be forthwith ])aid or reimbursed to him by such commissioners or trustees or other })ersons, out of the monies 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 pavement of such parochial or other district, or otherwise, by virtue of any local Act or Acts of Parliament, or by virtue of this Act. 10. \_Xotice of the appointment of surceyor to be gicen to irate?' and gas companies and commissioners of sewers. Superseded 18 k\'d^Vict.c.\2i),s.m.'] 11 — 12. {^Ih-eaking up streets by gas and water companies, commissioners of sewers, etc. Super.seded 18 »i: 19 Vict. c. 120, s. 109.1 13. ... It shall and may be lawful to and for any person appointed rians of pipes to act as a surveyor of the pavements in any i)arochial or other district ^"'^ sewers within the jurisdiction of this Act, and to and for any otiier j)erson or examined by persons appointed by the commissioners or trustees, or otlier persons surveyors of having the control of the pavements of any such parochial or other pavement, 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 30 [Chap, xxix.] The Metropolitan Paving Act 1817. [57 Geo. 3.] 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 Sunday or holiday appointed by law, at the office or counting-house of any water or gas light company, any of whose pipes for the conveyance 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 whereof shall be under the control of such several com- missioners or trustees, or other persons, or for which any such surveyor shall be appointed to act, and at the office of any com- missioners 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 gas light companies, then possessed by them, or being in their custody or power, and any and every map or ])lan, or draft or survey, delineation or description, of the common or public drains or sewers being within such parochial or other district, and under the jurisdiction 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 jjersons 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 commissioners of sewers, for the purpose aforesaid ; and that the secretary or clerk, or some other officer of such comjjany or commissioners of sewers, shall then and theiie produce and show, or cause to be produced and shown, unto such surveyor or other person or persons, all and every the maps, plans, drafts, surveys, delineations, and descriptions afore- said, in the custody or power of the said company or commissioners of sewers, and shall permit him or them then and there to take extracts therefnjm, 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 district for which such surveyor of pavements, or other person or persons appointed by any such com- missioners or trustees, or other persons having the control of pave- ments, shall be deputed or directed to act. Officers of 14. . . . All and every the secretaries or clerks, surveyors or companies, inspectors, and the several and respective turncocks employed or etc. to notify appointed, or hereafter being employed or appointed by all and every and places^ the water and gas light companies, any of whose pipes shall be laid of abode to beneath the surface of any street or public place in any parochial or surveyors of other district within the jurisdiction of this Act, and also all and pa\emen s. gygpy ^]^g (-lerk and clerks, secretary and secretaries 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- [57 Geo. 3.] The MtHropoUta// P(i.rin directed ; and that the company by whom the pave- ments shall be first taken up and the ground shall be opened, who shall neglect to give the notices hereby re(iuired to the comi)any to whom the pipe, stoi)cock, ])liig, or other thing, which shall ap])ear to the surveyor of the pavements to require rej)aration, alteration, amendment or renewal, shall appear to belong, in manner lierein- before directed, shall for the first neglect and otfence forfeit and pay the sum of five pounds, and for the second neglect and offence shall forfeit and shall pay the sum of eight ])0unds, and for the third and every subsequent neglect and offence shall forfeit and pay the sum often pounds, to be recovered in the same manner in which other penalties and forfeitures are hereinafter directed to be recovered by virtue of this Act. 17. . . . Whenever after the passing of this Act any water or Kcpairs ami gas light company, or commissioners of sewers, pursuant to the works by provisions hereinbefore contained, shall take up or cause to be taken etc.To'br' up any })avement of any street or jjublic place in any parochial or c.xeciitedwith other district within the jurisdiction of this Act, or shall place in allcomenient 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 com- missioners or trustees, or any other persons having the control of the pavements of the streets and j)ublic i)laces in such })arochial or other district, or any three or more of them, shall from time to time and at any time direct and ai)])oint ; and also, that all sui'h pipes or other materials and things shall be and remain on the surface of any such street or pul)lic place, and of any streets and ])ublic j)laces in any parochial or other district, for no longer })eriod than shall be unavoidably necessary in the judgment of the said commissioners or trustees, or other ]iersons 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 otHcers or servants of the company, or commissioners of sewers, by whom or bv whose order, or bv whose otffcers or servants, or for whose 3 34 [Chap, xxix.] The Metroj)olitan Pacing Act 1H17. [57 Geo. 3,] Rubbish and obstructions occasioned in streets by tlie repairs of pipes, etc. to be speedily removed. 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 remuye and take away the same by the commissioners or trustees, or other persons having the control of the pavements in any such parochial or other district, or any three or more of them, by a notice signed by three or more of such commissioners or trustees or other persons, and given to such comjmny or commissioners of sewers, or left for them at the dwelling house or place of abode of any secretary or clerk or turn- cock em})loyed 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 commissioners of sewers ; and that in case any com- pany 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 em- powered 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 five pounds, and for the second neglect and offence shall forfeit and shall pay the sum of eight pounds, and for the third and every subsequent neglect and offence shall forfeit and pay the sum of ten pounds, to be recovered in the same manner in which other penalties and forfeitures are directed to be recovered by virtue of this Act. 18. . . . All dirt, gravel, filth, rubbish, and other things, which any time or times after the passing of this Act, shall be placed, collected, or occasioned by or by means of any water or gas light comjjauy, or commissioners of sewers, or of any repairs or others works executed and performed or intended to be executed and performed by their officers or servants, or by their orders or direc- tions, 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 gas light company consequent thereon commissioners or trustees or other persons having the control of the pavements of the streets and public jilaces 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, bv or at the cost and charges of such company or commissioners of sewers, with all practicable expedition, and to the satisfaction of such 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 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 pave- ments a])2)ointed 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 secretary or clerk or or otherwise, or which shall be m anywise or incidental thereto, in the judgment of the [57 Geo. ;}.] The Metro i)oli tan. Parituj Act l^lT. [Chai-. xxix.] 35 turncock em])l()y{'d ])y such comiJany or commissioners of sewers, or at any office or countinji; house ol" siicli 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 i)ublic l)laces, all such dirt, graved, filth, rubljish, and otlier tilings wliatso- ever, within twenty-four hours after any such notice shall be from time to time given or left as aforesaid, to the satisfactif)u of such commissioners 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 five pounds, to be recovered and applied in the same manner in wliich other penalties and forfeitures are hereinafter directed to be recovered and aj>})Iied by virtue of this Act. 19. \_Ba)'s, tcatchmen, and other securities are to be provided during repairs of pavements^ to prevent accidents. Superseded 18 & 19 Vict.c. 120,55. 110 & 111.] 20. ... In case at any time or times hereafter any pavement in any Breaches in streets or public places in any j)arochial or other district within the ^ay^iTe^'"'^"* jurisdiction of this Act shall, by the breaking or falling-in or decay inclosed. of any sewer or drain, cesspool or watercourse, or any pipe or pipes, stoj)COck, plug, or other thing, become broken or irregular so as to be dangerous or hazardous to passengers or carriages, it shall and raav be lawful to and for anv survevor of the pavements for anv 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 sucii 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 chai'ges incurred thereabouts shall be ascertained and determined by him, and shall be paid and dis- charged 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, ping, or other thing so broken, fallen in, or decayed, and by the breach, falling-in, or decay whereof such breach or irregularity of the pavements as aforesaid 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 monies to become due from any persons whomsoever for the costs and charges of repairing or })aving or re{)aving any pavements of any streets or public places by the commissioners or trustees or other ])erson 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. ... No water company whose mains or pipes shall be laid stan.i cocks beneath the surface of any street or public place in any parochial or [Jjlst^^'re"""" other district within the jurisdiction of this Act. shall place or set late.i u]), or cause to be placed or set up, any stand cock 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 surveyor of the pavements for such parochial or other district for the time 36 [Chap, xxix.] The Metropolitan Paving Act 1817. [57 Geo. 3.] Works neglected by companies, etc. may be executed by surveyors of pavements. being ; and that any water company who shall set up or cause to he set up any other stand cock, pump, or other instrument, machine, or thing, furnished with any other than a metal cock and spout, in any street or public place, and whicli shall not be to the satisfaction of the surveyor of the pavements for such parochial or other district, shall forfeit and shall pay for every such offence the sum of twenty shillings, 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. ... In case any water or gas light company or commissioners of sewers, at any time or times after the passing of this Act, shall neglect to take up the pavement in any street or public place in any parochial or other district within the jurisdiction of this Act ; or to open any ground beneath the surface of such street or public place ; or substantially to repair, alter, amend, or renew any pipe, plug, stopcock, or other thing, or any public sewer, as the case may l3e ; or to give the notices required by this Act to any other com- pany, or to any paviors, surveyors of pavements, or other persons ; or to remove or take away any j)ipes 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 watchmen, in any street or public place ; or to do and execute all and every such 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 l)y 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 res})ective satisfaction, and within the several times and j^eriods 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 pavement of the parochial or other district wherein the street or public place shall 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, substantially, and eff'ectually 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 eftectually performed to his or their satisfaction, or to the satisfaction of such commissioners or trustees, or other persons as aforesaid, as herein pro- vided, at the costs and charges of such company or commissioners of sewers who shall have so neglected well, substantially, and effectually to perform and execute the same, and every of them, and every part thereof ; and that such costs and charges and every of them shall be reimbursed and paid by any and every such company or commissioners of sewers to such surveyor or surveyors of pave- ments, or to the person or persons employed by him or them to perform and execute any or every of such works, or to the com- missioners or trustees, or other persons having the control of the [o7 Gko. '.].'] T/ie Metropolitan Pudiig Act 1817. [Chap, xxix.] 37 pavements of the ])arochial or other district within which such works shall be performed and executed, or to their treasurer, or to snch other person or persons as sucli commissioners or trustees or other ])ersons shall from time to time appoint to receive the same: and that the amount of such costs and charges, and of the monies so to be paid, being- directed by the said commissioners or trustees or other ])ersons, shall be ascertained and notified, and certified and recovered (over and above all and every the {)enalties and forfeitures which may be incuiTod fur any snch neglect by virtue of this Act) in the same manner in which anv costs and charges whicii mav be incurred, and any monies which may become due, for and about and in respect of the relaying or repairin*^ of any ])avements hereafter broken or taken uj) in any streets or public j)laces by or by the direction or on account of any company, commissioners of sewers, or other persons, are to be as(-ertained and notified and certified, and may be recovered by virtue of this Act. 23. [/'ai'ements taken '//j hy compames, etc. to be relaid b;/ commisfiioners of pavements. Superseded 18 & 19 Vict. c. 12f)olit(iii t'di-iiKj Act \^\1. [Chai'. xxix.] 159 it shall and may be lawful to and for tlie said commissioners or trustees, or other persons haviuf^ the control of snch pavements as aforesaid, or any two or more of them, or their surveyor or sur- veyors as aforesaid f(ir the time beinji:, or any of them, to tjive or cause U) be given a notice or notices under their liands, or under the hand or hands of sucli survevor or survevors of ])avements 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 lieredita- ments, to whom such drain, sewer, . . . 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 . . . 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 t(j the satisfaction of the said commissioners 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, . . . 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, or repairing any pavements in any streets or public places which may for those pur])oses or any of them be taken up, shall be ascer- tained and determined by such surveyor or surveyors of jiavements 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 jjroceedings, as are by this Act authorized and directed for the ascertaining and determining, certifying and recovering any monies to become due and to be recovered from any persons whom- soever, for the costs and charges of re})airing or j)aving or repaving any pavements of any streets or ])ublic places by the commissioners or trustees or other persons having the control of the pavements in any streets or i)ublic places in any parochial or other district within the jurisdiction of this Act. \_Parts omitted (as to cesspools) rep. 54 & 55 Vict. c. 7(), s. 142.] \ 58. . . . The said commissioners or trustees, or other persons having I'usts maybe the control of the i)avements of the streets and public places in any frected for parochial or other district within the jurisdiction of this Act, may tion^o7*the^' cause })osts of wood, stone, or iron to be set uji near or adjoining pavements the foot pavements in such part or parts of all or any of the streets -'."'^ proveu- or public places within their respective })arochial or other districts acddents 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 uj>on or adjoining 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. 40 [Chap, xxix.] The Metropolitan Paving Act 1«17. [57 Geo. 3.] 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 forty shillings nor exceeding ten pounds, 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 recovered by virtue of this Act. 59 — 61. \^8catenginq and removal of dust, etc. fiep. i)4: & 65 Vict, c. 76, .s. 142.] Dirt not to be 62. . . . No scavenger, raker, or cleanser, or any other person, swept into sball sweep, rake, or place any of the slop, mud, dirt, dust, rubbish, sewer. ashes, filth, or soil, found or being in any streets or public places in any parochial or other district within the jurisdiction 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 com- municating 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 five pounds, to be recovered in the same manner in which other penalties and forfeitures are hereinafter directed to be recovered by virtue of this Act. ^See also 18 & 19 Vict. c. 120, s. 205 ; and 57 & 58 Vict. c. ccxii. ss. 8 — 17.] 63. \_Footways to he swept daily during frost and snow. Rep. 54 & 55 Vict. c. 76, s. 142.] V. ;.„v,,.„o 64. ... If anv person or persons shall, in any street or public place and annoT- m any parocnial or other district withm the Jurisdiction of this Act, ances from at any time or times liereafter, beat or dust any carpet or carpets ; beating car- . ^^^^\\ ^[Y\Ye any carriage or carriages, for the purpose of breakins:, pets, breaking . . •- . o c • l i ^ ' horses, exercising, or trying horses ; or shall ride any horse, mare, or flrivingbar- geldiug, for the purpose of exercising, airing, trying, showing, or rows and exposing such horse, mare, or gelding for sale (otherwise than by pavements, passing through such streets or other public places) ; ... or shall and throwing run, roll, drive, draw, or place, or cause, permit, or suffer to be run, r 1/t d^*^ rolled, driven, drawn, or placed upon any of the said footway pave- ments 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, cask, or barrel ; or shall wilfully ride, lead, or drive any horse, ass, mule, or other beast, upon any of the footway ])avements 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 summons rerpiiring such offender or offenders to a])pear before him, at such time and place as shall be in such summons specified ; or it shall and may l)e lawful to and for any person or persons whomsoever, who siiall 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 [57 Gko. :5.] The MHroiJoUt'iH I'nruxj Art \i^\l. [Chap. xxix.J 41 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 ])aro(!hial or other district may be situate; and uj)on the ])arty or parties a|)|)earin<2; in pursuanco of such summons, or not appearing after having been so summoned, or being brought before such Justice when so seized or otherwise, he the said Justice shall proceed to examine upon oatii or affirma- tion any witness or witnesses who shall appear or be j)roduc('d to give evidence touching such offence : and if the Jjarty or parties accused shall be convicted of any or either of the offences aforesaid, upon his or their own confession, oi- u{)on the oath or affirmation of one or more credible witness or witnesses as aforesaid, then and in every such case tlie jx-rson or jjcrsons so convicted shall forfeit and j)ay a sum not less than forty shillings nor cxeeetling five pounds for each and every offence ; and that one moiety of every such ])enalty shall be paid to the informer or informers, or to the i)erson or j)ersons who shall aji])rehend such offender or offenders; and the other moiety thereof shall be paid to the treasurer or treasurers of the commissioners, ti'ustees, or other persons having the control of the pavements in the streets or public places in the parochial or other district wherein any such oft'ence or oftences shall have been committed, \ Part omitted rep. 54 k 55 Vict. c. 70, .5. 142. See also 'Z k 3 Vict. c. 47, .s. Go.] 65. . . . If any person or persons at any time or times hereafter shall Annoyances set or j)lace, or cause or permit to be set or placed by any servant or 5a"sket!f and person em])loyed by him, her, or them, or otherwise, any stall board, wares and chopjjing block, show board on hinges or otherwise, basket, wares, other matters merchandise, casks, or goods of auy kind whatsoever; or shall hoop, anri pun^sji'. place, wash, or cleanse, or cause to be hooped, washed, or cleansed, able on any pipe, barrel, cask, or vessel, in or ui)on or over any part of the renewal after carriage or foot ways in any streets or j)ublic places in any parochial "iTsut-^ij^ arti- or other district within the jurisdiction of this Act ; or shall set out, cles may be lay, or place or cause or procure, permit or suffer to be set out, laid, seized and or placed, any coach, cart, wain, waggon, dray, wheelbarrow, hand- ®° " barrow, sledge, truck, or other carriage uj)oii any of the said carriage- ways (except such coaches, chariots, and chairs as have been or shall be hereafter licensed by the commissioners for regulating and licensing hackney coaches, chariots, and chairs, and which stand for hire according to the statutes and byelaws 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 unliarnessing the horses from any coach, cart, wain, waggon, dray, sledge, truck, or other carriage ; or if any person or persons shall set or i)lace, or cause to be set or placed, in or upon or over any of the said carriage or foot ways, any timber, stones, bricks, lime, or other materials or things for building what- soever (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 ex})ose, or cause or jjcrmit to be hung out or exposed, any meat or oftal, or other matter or thing whatsoever, from any house or houses, or other buildings or j)remises belonging to or occu})ied by him, her, or them, over any part of either of sueh 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 or put out, 42 [Chap, xxix.] Thp Metropolitan Paving Act 1817. [57 Geo. 3.] any garden or other pots (except the same shall be perfectly secured from falling to the satisfaction of the commissioners or trustees or other persons having the control of the pavements in any such parochial or other district, or of their surveyor of the pavements for the time being), or any other matter or thing, from and on the out- side 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 surveyors 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 ])ursuance of any such requisition or requisitions as aforesaid, removed or caused to be removed any such stall board, show board, chopping block, basket, wares, mer- chandise, 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, chojipiug 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 foot ways 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 orpersons 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 and 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 pro- duced 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 confession, 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, wheel- barrows, handbarrows, sledges, trucks, or other carriages which [o7 Geo. :].] The Mali i>i)oUt Pnrinfj Act \y<\1. [(Jhav. xxix.] 43 shall be so set or placed, exposed or set ont as aforesaid, and the master or masters, employer or era])loyers of the person or persons so offending, sliall forfeit and pay for the first offence the sum of forty shilliiiiTs, and for the second and every snhseqnent offence any sum not exceeding hve pounds ; 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 ])ubli(' places in the [larochial or other district wherein any such offence shall have been coniinitted, or to such other person or persons as they shall direct and a]ipoint ; 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 a])pointcd l)y 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, choj)ping 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 accoutrements 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 ])erishable, 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 cliurchwardens or overseers of the poor, or to some of them, or to the master of any workhouse 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 otlier carriage, horse or liorses, 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, Avain, 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 tiie 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 tlieir surveyor of the pavements, or any other person to be appointed by the said commissioners or trustees or other persons as 44 [C'hap. xxix,] The Metropolitan Paving Act 1817. [57 Geo. 3.] For the re- moval of nuisances and annoyances, a repetition of notices unnecessary. aforesaid, to order the same to be appraised and sold ; and the over- pins 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 any surveyor of the pavements in any parocliial or other district, shall ascertain and allow, 66. ... 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, merchandise, 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 i)laced 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, wheelbarrow, handbarrow, sledge, track, 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 been required to remove the same, or any other goods, materials, matters, or things, or any other coaches, carts, waggons, drays, wheelbarrows, handbarrows, sledges, trucks, or other carriages from off the said pavements 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, hand- barrows, sledges, trucks, or other carriages, which shall not be removed on a requisition or notice being given so to do as herein- [57 Geo. ;>.] The Metropolitan I'drimj Act 1^1 7. [Chai'. xxix.] 45 before provided ; and the person or persons so committing the said offence or offences, and tlie owner or owners of the goods, materials, matters, or other things, or coaches, carts, waggons, drays, wheel- barrows, handbarrows, sledges, fi'ncks, or other carriages which shall be so j)la(X'd or (h'iven, and the master or masters, emplctyer or employers of the person or ])ei'sons so offending, shall be sul)ject and liable to the same ])enalty or penalties, forfeitnres, proceedings, charges, and pnnishments, as if such person or jx'i'sons offending had neglectecl or refused to remove the said goods, materials, matters, or other things, or coaches, carts, waggons, drays, wheel- barrows, handbarrows, sledges, trucks, oi' otliei' carriages, when retpiired 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 re([ui- sitions 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 ParliamcMit to the contrary thei-eof in anywise notwithstanding. 67, 68. \_IIog-iit>/es and kee/jini/ of stcine. Rep. o4 & .");") Vint, c. 76, s. 142.J 69. . . . If any person or persons at any time or times hereafter shall Lime not to sift, screen, or slack, or cause to be sifted, screened, or slacked, any t>^* slacked in lime in any street or public place in any ])arochial or other district within the jurisdiction of this Act, or shall cause the same to be so done, without the consent of the commissioners or trustees or other persons having the control of the pavements in tlie streets or public places in such parochial or other district, or of their surveyor or surveyors of i)avemeuts for the time being, and without also pre- viously erecting a hoard or inclosure, with the licence 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 oi' inclosure shall inclose all such lime when and as it shall be sifted, screened, or slacked : then he, she, or they shall forfeit and ])ay for every such offence a sum not being less than forty shillings nor exceeding five pounds, to be recovered in the same manner in which other penalties are hereafter directed to be recovered by virtue of this Act. [-SVt (ilso 2 A: 3 I let. c 47, ■■<. (Jo (1).] 70. . . . If at any time or times hereafter the owner or owners, Entrances to occupier or occupiers, of any house, huilding, or premises, in any ^^^'j^^^ ^°*^ parochial or other district within the jurisdiction of this Act, having be' covered any iron or wooden rails or bars over the areas or openings to any and secured, kitchens or cellars or other j)art or parts of his or their house, building, or premises, beneath the surface of the foot pavements of any streets or public })laces in any such parochial or other district, or having any doorway or entrance into the basement or cellar story thereof, shall not either k(>ep tlie same, or the walls of such kitchens or cellars, in sutlicient and good re])air, or safely and securely guard and constantly keep the same securely guarded by a rail ov rails, or cover the same over with a strong flap or traj)-door, according to the nature of the case, and to the satisfaction 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 46 [Chap, xxix.] The Metropolitan Parinfi Act L^IT. [57 Geo. 3.J the said commissioners, trustees, oi- 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 sufHciently and substantially cover and keep covered and secured to such satisfaction as aforesaid, any coal or other hole, funnel, trap-door, or cellar-flap, ])elonging 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 forty shillings nor exceeding five pounds, to be recovered in such and the same manner in which other penalties are hereafter directed to be recovered by virtue of tliis 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 pave- ments for the time being, or for their inspectors, or for any other person by such commissioners or trustees or other persons appointed as aforesaid, to cause all and every sucli door-ways, 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 cover- ings, 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 tliey 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 pave- ments, in any such parochial or other district, and shall be l3orne 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 expenses 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 ascertained 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 and the same manner in which any other penalties are hereinafter directed to be recovered, or in which any monies 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. [57 Geo. 3.] The. Xfctropolitan I'arimi Act \>^\~i. [( "hai-. xxix.] 47 71. ... If at auy time or times hereafter any person or persons Holes exca- shall (liti: or make or cause to be (liiij or made any hole, or leave or vatee construed to extend so as to authorize the discon- tinuing or sto])ping up any court, alley, or place, or any part or parts thereof, whereby or in consequence whereof any house, tene- ment, or land shall be so inclosed (unless with such consent as aforesaid), that the owner or owners thei'eof shall be pi-evented from passing i'reely to and repassing freely from such iiouse, tenement, or land. 80. . . . For the improvement of the streets and public places in Streets may tlie j)ar()chial or other districts witliin the jurisdiction of this Act, and 'je widened for the public advantage, it shall and juay be lawful to and for the ^^.|'^i^™]j[°Jji|. commissioners or trustees, or other persons having the control of of owners, the pavements of any parochial or other district, from time to time, and at all times hereafter, to altei', widen, turn, or extend any of the streets or other ])ublic ])laces within any such ])arochial or other district (except turnpike I'oads), 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 parochial or other district, and to raise, level, lower, drain, ballast, gravel, or pave such new ])art 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 hereditaments, or any part thereof, shall be adjudged by the said commissioners or trustees, or other persons as aforesaid, to project into, obstruct, or prevent them from so altering, turning, widening, extending, lengthening, continuing, or opeuing the said streets or public places within the said ])arochuil or other district, and that the ])ossession, occu])ation, and jnirchase of such houses, walls, buildings, lauds, tenements, or lieredita- ments will be necessary for that purpose, it shall and may be lawful to and for the said commissioners or trustees, or other persons as aforesaid, and they shall have full })ower and authority, to treat, contract, and agree, or to em})loy 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 heredita- ments, of whatsoever nature, tenure, kind, or quality, for the purposes aforesaid, and to pay for the same such sum and sums of money as shall be agreed upou by the said commissioners 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 4 50 [Chap xxix.] The Metropolitan Pamng Act \>^\~. [57 Geo. 3,] and to be received by tbem, 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 snch streets or public 23laces, and the owners and occupiers of houses and Imildings, messuages, 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 bniklings and messuages or other hereditaments therein and adjoining thereto. Corporate or 81. . . . It shall and may be lawful for all liodies politic, bodifs a\id Corporate, or collegiate, corporations aggregate or sole, tenants for life incapacitated or in tail, OF Others having a partial or qualified interest or estate persons en- in any houses, lands, tenements, or hereditaments, husbands, a le to .>e . fgjj^g^ covert, guardians, trustees, and feofiees in trnst 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 suc- cessors, 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 com- missioners or trustees, or other ])ersons as aforesaid, by feoliment, 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 fde agreed upon for such houses, lauds, tenements, or hereditaments as shall be adjudged necessary and convenient for the purposes aforesaid : and that all contracts, agreements, sales, or conveyances which shall be bond Jide made for the purpose aforesaid shall be good and effectual in the law to all intents and purposes : anything to the contrary thereof in anywise notwithstanding. When parties 82. ... If any body or bodies i^olitic, corjwrate, or collegiate, or refuse or are ^uy Other person or persons seised or possessed of or interested tr'^t ^etc a ^^ ^^Y ^^^'^ honses, buildings, lauds, tenements, or hereditaments prece'pt to be as aforesaid, shall refuse to treat or agree, or shall not agree, issued for qf by reason of absence or disability cannot agree with the a^urv,'^'^ ^^" ^^^^ commissioners or trustees or other persons having the [o7 Geo. 3.] The Metropolitan Pacim/ Act I'slT. [(Jhat. xxix.] 51 control of the pavements of any streets or ])iiblic jilaces in any parochial or other district within the jurisdiction of tl)is Act, or with any jx'rson or persons authori/-ed by them, for the sale and conveyance oi'tiieir respective (^states and interest therein, or cannot be found or known, 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 satisfaction of the said commissioners or trustees or otiier persons as aforesaid, or of the pei'son or ])('rsons 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, ])r('C('pt or precepts, directed to tlie sheriff or sheriffs, or ])ailitf or other proper officer of the city, borough, or county wlierein the j)remises shall respectively lie or be, who is hereby authoriiced, directed, and required accordingly to impannel, summon, and return a com- petent number of substantial and disinterested persons (pialified to serve on juries, not less than fortv-eight nor more than seventv- two ; and out of such persons so to be imi)annelled, summoned, and returned, a jury of twelve men shall be drawn by some indifferent person to be by the said commissioners or trustees or other persons as aforesaid apjjointed, in such mnnner as juries for the trial of issues joined in His Majesty's Courts at Westminster 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 better Regulation of Juries," who are to be are directed to be drawn; which ])ersons so to be impannelled, '^rawn as summoned, and returned as aforesaid are hereby re(iuired to come '\S^' '' '^' ~^' and appear before the Justices of the 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 sucli warrant or warrants, j)recept or precepts, shall be directed and ap])ointed, and to attend such Court of General or Quarter Sessions from day to day until discharged by the said court : and all parties concerned jnrymen may sliall and may have their lawful challenges against any of the said bechallengeci. jurymen, but shall not be at liberty to ciuillenge the array ; and the said Justices are hereby authorized and empowered, by precept or precepts, from time to time as occasion shall re(|uire, to call before them all and every person and persons wdiomsoever 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 think ht, shall an(l .iu.stices, on may, on the application of either i)arty, likewise authorize the said tj^e appHca- jury to view the place or places or premises in (piestion, in such *,'.|^" "^'^ '^'"l^'^'^ manner as they shall direct; and the said Justices shall have power direct a view to adjourn such court from day to day as occasion shall require, and of tl^e to command such jury, witnesses, :ind parties to atten^l until all P'^^'^'^es. such affairs for which they were summoneil shall be concluded : and the said jury upon their oaths (which oaths, as also the oaths of 'my to assess such person or persons as shall be called upon to give evidence, ^^^''^/'''^"^ °" the said Justices are hereby empowered and required to administer) ' shall in(piire of the value of such houses, buildings, lands, tene- ments, or hereditaments, and of the proportionable value of the respective estates and interest of all and every person and jjcrsous seised or possessed thereof, or interested therein, or of or in any part or jnirfs thereof, and shall assess and award the sum or sums of money to be paiil to such person or persons, party or parties respec- 52 [CHAr. xxix.] The Metropolitan Paving Act 1817. [57 Geo. 3.] tively, for the purchase of such houses, buildings, lands, tenements, or hereditaments, and of such respective estates and interest therein, and also for good-will, 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 good-will 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 eontem])lation : and the said Justices shall and may give judgment for such sum or sums of money so Verdict of the to be assessed; which verdict or verdicts, and the judgment and jury, etc. to judgments, determination and determinations thereupon, (notice in be final, lire- ■?• i • • * ii ■ i. j. ^ ^ • • vious notice writing being given to the person or persons interested or claiming being given SO to be, at least fourteen days before tlie time of the meeting of to the parties i\^q ^^\(\ Jnstices as aforesaid and jury, by leaving such notice at the in eres ec . 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 premises respectively intended to be valued), shall be binding and conclusive 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 issne unborn, lunatics, idiots, and femes covert, and persons under any other legal incapacity or disability, as all other cestuique trusts, their, his, and her heirs, successors, executors, and administrators, and against all otlier persons whomsoever ; and the said verdicts, judgments, and deter- minations, and all other proceedings of the said Justices and juries, so to be made, given, and pronounced as aforesaid, shall be fairly written on j)archment. and signed by the clerk of the peace for the time being of the city, borough, or county wherein the premises If the sum shall respectively lie or be ; and in case it shall so liappen that the assessed shall ^^^^ qj. j^^^^^g ^f monev SO to be assessed and awarded in consequence the sum ot such refusal to treat and agree as aforesaid, as the value of such offered, houses, buildings, lands, tenements, or hereditaments, or as such proportional value as aforesaid, and as the recompense and satis- faction to be made for the injury or damage sustained as before mentioned respectively, shall not exceed the sum or sums of money wjiich 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 the costs of satisfaction, then and in everv such case all the reasonable costs, such assess- -. i r. " • i • ^ ^ i ment. etc. to charges, and expenses of causing and procuring such valne and be paid by recom])ense to be assessed and awarded as aforesaid, and also such body assessing and awarding the same, shall l)e Ijorne and paid by the po 1 ic, e c. |jQ,|y ^j. jjodies politic, corporate, or collegiate, or other person or persons so seised or possessed of or interested in such houses, buildings, lands, tenements, or hereditaments, and so refusing to treat and agree as before mentioned respectively ; and the said and the com- commissioners or trustees, or other persons as aforesaid, are missioners, hereby authorized and empowered to deduct and retain the said retai™^he costs, charges, and ex})enses out of the sum or sums of money so .same out of to be assessed or awarded as aforesaid, or out of any part thereof: the sum so Provided always, that in all cases w^here anv person or persons shall by reason of absence have been prevented from treating about such recompense or satisfaction as aforesaid, such costs and charges shall [57 Geo. 3.] '1%' Metropolitan Pacing Act 1817. [Chat, xxix.] 53 be borne and ]iaiil by the said commissioners or trustees, or other persons as aforesaid, in manner aforesaid, 83. . . . The said Justices sliall liave power from time to time Ju'^tices em- to impose anv reasonable fine, not cxceedinf; the sum of twcntv P^^^''-''er any fines and person or persons in trust for them, by indenture or indentures of recoveries, bargain and sale, sealed and delivered by such feme covert in the presence of and attested by two credil)le witnesses, and duly acknow- ledged, 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 ])remises as any tine 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 anv such houses, buildings, lands, tenements, and hereditaments, as shall be jnirchased by the commissioners or trustees or other persons as aforesaid for th(; time being, by virtue and for the pur])0ses of this Act, and enrolled as aforesaid, shall Inive tiie like force, effect, and operation in law, to all intents and })urposes, as any tine or fines, recovery or recoveries whatsoever would have had if levied or suiFered by the Ijargainer or bargainers, or any })erson 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. . . . Upon j)ayment of the principal money and interest due Upon pay- on anv mortgage as aforesaid into the I)ank of England, at the cuil 'V*;"^ ;^^y"°" n ' ^ ^ y~ '^ ^ n ii • • i~ ■ _i* CI pill (1(1 CI 01 SIX calendar months irom the dav ot giving such notice as atore- intorest into said, for the use of the mortgagee or mortgagees, the cashier or the bunk, cashiers of the bank shall give a receipt or receijus for the said vesUnTh? money, in like manner as is hereinbefore directed in cases of other commission- payments into the bank : and thereupon all the estate, right, title, ers, etc. interest, use, trust, property, claim, and demand o'i the saiil mort- 58 [Chap, xxix.] The Metropolitan Paring x\ct 1817. [57 Geo. 3.] Monies to be paid or tendered before any use made of the premises. Estates mav be sold, the persons of whom they were bought having the first offer. gagee or mortgagees, aud of all and every person or persons in trust for him, her, or them, shall vest in the said commissioners 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. . . . All sums of money, or other consideration, recompence or satisfaction, to be paid or made pursuant to any such agreement or verdict as aforesaid, or in discharge of any such mortgage, shall be paid or tendered to the ])arty or parties entitled to the same, or paid into the Bank of England as aforesaid, before the said com- missioners or trustees or other persons as aforesaid, or any person or i^ersons 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. ... It shall and may be lawful to and for the said com- missioners or trustees or other persons as aforesaid, from time to time absolutely to sell and disjiose 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 the said freehold or leasehold 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 person or persons respectively shall not then and thereupon agree (except with respect to and on account of the price thereof as herein- after mentioned), or shall refuse (except with respect to and on account of the price thereof) to jjurchase the same respectively, an affidavit shall be made and sworn before a master in the High Court of Chancery, or before one of His 3Iajesty's Justices of the Peace for the city, borough, or county wherein such parochial or other district shall be situate (who are hereby respectively empowered and directed to take the same), by some jierson 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 l)y the person or persons to whom the same was so offered ; and that any such affidavit shall in all Courts whatsoever 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 rei^urchasing 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 jDrices 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 commissioners 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 com- missioners or trustees or other persons as aforesaid, of such freehold i [57 Geo. 3.] The Metropolitan I'nvimj Act \x\'. R 'hai'. \.\ix.] W.) or leasehold estates, lunds, 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 pavements whereof they shall possess a control, or t(j the purposes of this Act, but the purchaser or purchasers thereof shall not be answerable or accountable ibr any misaj)plication or iion-aj)plication of the money jtaid by him or them for sucli fi'eehold or leasehold estates, lands, houses, hereditaments, and premises. 97—108. \_liorrowitig itoiccrs. SKjx'r.scdcd IS ct 10 Vict, c li't, ss. 183, 185—191.] 109. ... It shall and may be lawful to and for the commissioners Conimission- or trustees, or other Tiersons havinu- the control of the iiavements in ers may meet ,, ^ ^ ' 1 1- I • 1 • 1 ^1 1- • , • 1 ■ '"If' iiiay liave tne streets or j)ublic places m any pai'ochial or other district witliin offices ami the jurisdiction of this Act, from time to time and at all times places where afterwards to assemble and meet together for the execution of the -^f""*^-" o'" local Act or Acts of Pai-liiinient whereby or by virtue whereof they impoundecl. may have been appointed, and of this Act, within their respective parocliial or other district or elsewhere, 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 everv calendar month, and that five or more of such commissioners or trustees or other jjcrsous shall attend at and be necessary to con- stitute every such general meeting ; and the acts, resolutions, and proceedings of the majority present at such meetings 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 t(t their officers and servants, all expenses necessarily incurred in and about the execution of any local Act or Acts of Tarliament, 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, furnish, alter or improve any houses, offices, and other })laces wdiich they may deem necessary or exi)edient for their places of meeting, or for the trans- action of their ofHcial business, or for the deposit and safe custody of their books, vouchers, and documents ; and also may purciiase 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 rece[)tion, deposit, and safe custody of any article seized and removed by virtue of any local Act or Acts of Parliament, or of this Act, within their res])ective j)arochial or otlier districts, or of any horses, beasts, cattle, or any animals or other things which may be found straying, or which shall be in or about any streets or })ublic places within their respective parochial or other district, or which, according to any local Act or Acts of Parliament, or to this Aet, or to the C'oinmt)n 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 ami i)ayable, ami 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, 60 [Chap, xxix.] The Metropolitan Pacing Act 1817. [57 Geo. 3.] or other things which shall be there impounded as aforesaid ; and that the same fees and charges shall be so ])aid 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 may be effected thereof under and by virtue of any local Act or Acts of Parliament, or of this Act. 110 — 121. {Meetings of commissioners — Proceedings — Contracts — Accounts — Actions. Superseded 18 & 19 Vict. c. 120.] Commission- ^22. ... If any person or persons shall at any time or times here- vevors not^to ^^er in any manner whatsoever wilfully obstruct, hinder, or molest be obstructer! any Commissioners or trustees or any other persons having the con- in perform- trol of the pavements in any streets or public places in any parochial duty ° ^ ^" ^^" other district within the jurisdiction of this Act, or any surveyor or surveyors of pavements, or any other officer or 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 jiavements 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 offending shall for the first offence forfeit the sum of five pounds, and for the second offence the sum often pounds, and for the third or any subsequent offence the sum of twenty pounds, to be recovered in the same manner in which other penalties are hereinafter directed to be recovered by virtue of this Act. Justices may proceed on complaint of commis- sioners. Persons ag- grieved may- appeal. 123. ... In all cases where one or more Justice or Justices of the Peace is or are or may be empowered by law to proceed on the complaint of the commissioners 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, 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 commissioners 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 purposes as if such complaint had been made by such commissioners or trustees or other such persons as aforesaid, or any or all of them. 124. \T wo commissioners mag act where a greater number is ?iot required, bij ang local Act or hy this Act. Superseded. 18 & 19 Vict, c. 120.] 125—132. {Proceedings before Justices. Superseded!^ kl^ Vict, c. 120 ; Metropolitan Police Acts and Summary Jurisdiction Acts.'\ 133. Provided always, . . . that if any person or persons shall think himself, herself, or themselves aggrieved by any conviction or order of any Justice or Justices of the Peace acting in and for any city, borough, or county within the jurisdiction of this Act, for any offence committed against any local Act or Acts of Parliament relating to any parochial or other district within the jurisdiction of this Act, or against this Act, it shall and may be lawful to and for [07 Geo. ;J.] 'The Mitrojjoiitan I'ariny Act l.>17. [Chap, xxix.] 61 such i)ers()n or persons to a])peiil to the next General or Quarter Sessions of the Peace. . . . \^J'art omitted (as to patiwj rates and procedure on appeal) svper.^eded IS it 1'.' Vict. c. 120, s. 1>0 ; {)2 ct G:{ Vict. c. 14, s. 11 ; t/ie Sammari/ Jurisdiction Acts and the Quarter Sessions Act 184'J.] 134. [Justices to deliver recognizances to the clerk to the com- missioners. Seinble superseded, hij the Summary Jurisdiction Acts and the Quarter Sessions Act 184U.] 135. [Proceedings not to he quashed for /rant of form or removed hg certi(>rari.'\ 136. [Limitation of art ions. ncjj. in part by the Luiutatioua of Actions and Costs Act 1842. liemr. superseded by the Public Authorities Protection Act 1893.*] 137. [Powers conferred on commissioners and trustees to belong to vestrymen, commiftees, courts, and all other persons having the control of pavements. Superseded 18 k 19 Vict. c. 12(J, .s. 90.] 138. Provided also, . . . that neitlier any Act or Acts of Parliament lo^^i raving relating either exclusively to the paving or repairing the pavements Acts of Par- of the streets or public places in any parochial or other district liament not within tlie jurisdiction of this Act, or relating thereto jointly with repeafed any other object or pur])ose, nor any clause, matter, or provision therein contained, shall be hei-eby rejjcaled ; but that the commis- sioners, trustees, or other persons by any such local Act or Acts of Parliament vested with the control or su|)erintendence of the pave- ment of the streets nnd pul)lic places in every sucli pjirochial or other district shall rctaiu and may exercise all and every the powers and authorities by all and every such local Act and Acts of Parlia- ment conferred ui)on them or any of them ; and that they may from time to time and at all times, either act under and ujjon all or any of the j)rovisions, clauses, ])()wers, and authorities of such Act or Acts of Parliament, or under any of tlie 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 ex])edient; but sul)ject nevertlieless to all the provisions contained in this Act as to the ;ij)pointment of surveyors of the pavement in every parochial or other district, and as to the means hereby provided for compelling the speedy and etfectual reparation of imperfect pavement in all streets and ])ublic jihices witliin the jurisdiction of this Act, and the regulation and improvement of such streets, and removal and ])revention of nuisances and obstructions, according to the provisions of this Act. 139—140. [Provisions of the Act not to affect the estates of the Marquis Camden and Lord Somers in the parish of St. Pancras. Semlde rep. 25 k 20 Vict. c. 102, s. 73.] 141. [Saving rights of certain commissioners of sewers. Suj/er- seded 11 & 12 Vict. c. il2.t See now 18 ct"l9 Vict. c. 12o, s. 13o.] 142. Provided always, . . . that nothing in this Act contained shall Nor to autho- extend or be construed to extend to authori/^e the t:iking down or '"'^•^ .t'^*^" remuvingany bar, gate, rail, or otlier fence fixed for ].reventing any IhorShfare thoroughfare into or from any square, street, or way, without the witiunu con- •consent of the owner of the estke or property upon wliich such bars, ^^"^ of the ^ ^ • ^ ' owner of the * See Appendix. estate, t Kep. 38 & ;?9 Viot. c. 66 (S.L.R.). 62 [Chap, xxix.] The MefropolUaii Faciity Act 1817. [57 Geo. 3.] .ii'ates, rails, ov other fences, squares, streets, oi- wa3's shall be situate. [^See 25 & 26 Vict. c. 102, s. 72; 53 & 54 Vict. c. {;cxlvii. ; and 50 & 57 Vict. c. Ixvi.] 143. \_Pro€isions of the Act not to extend to paiiahes of Saint Mart/ Islington and Saint John Hackney. Rep. 25 k 26 Vict. c. 102, ,s. 73.] Certain pro- 144. [Jiecites 56 Gco. 3, c. 128,* and proceeds :] Nothing- in this Y*^°"f \^ ^^^^ Act contained shall extend or be construed to extend or alter, 56 G. 3. abridge, repeal, or affect any of the said provisions in the said c. 128. not to recited Act of the fifty-sixth year of the reign of His present Majesty be affected 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, ai'cades, or other covered ways, bow windows, virandas, alcoves, balconies, pilaster colnmns, architectural ornaments, 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, ]mssages, or places com])rised within the provisions of the said recited Act of the fift3'-sixtli year of the reign of His present Majesty. Houses, etc. 145. And whereas by the said last-mentioned Act it was enacted, withm the ^\^q^^ ^^^^I^ ^f ^j^g houses, buildings, lands, and hereditaments which Saint Mary- Were intended to be taken and used under tlie provisions and for the le-bone, in purposes of the first Act therein recited, as are situate in the parish the line of the Qf g^int Mary-le-bone, and also the houses and buildings to be in Marv-ie- erected on the said lands, should for ever thereafter, in making any bone Park, to rates or assessments for the paving, repairing, watching, lighting, berated at a ^-^^ cleansing the several streets and other places in the said parish t>p c Mim. ^^ Saint Mary-le-bone 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 thereafter 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 witli i-elation thereto ; but that all such houses, buildings, lands, and hereditaments comprised within the provisions of the said recited Act of tlie fifty-sixth year of His present Majesty's reign, as are situate within the said parish of Saint Mary-le-bone, shall for all the purjjoses 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 hereaftei", and for all the purjjoses 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 thei-eof in anywise notwithstanding. Not to extend 146. Ti-ovided also, . . . that nothing in this Act contained shall to the estates j^e construed to extend to the Collegiate Church of Saint Peter eiate^Church Westminstei', which has a pavement of its own to maintain, or to such part or parts of the immediate close thereof which have been * This Act was repealed by 5 (Jeo. 4, c. 100, s. 1. [08 Geo. 3.] The Waterloo lirldije Aet l^lb. [Chap, xxviii.] 03 hitherto exempt from piivin^ rates; nor to o;ive power to the of Westmin- commissioners or trustees or other persons havinji^ the control of ■^j^,^'^H°"^'f"' the ]»!ivem(Mits of any ])arochial or other district under the operation of this Act, to {)urt-hase or to pull down any houses, walls, or buildinji's, heing ])art of the said (jollegiate Church, Westminster School, and the liuildinu's thereto appertainin. Spent. So turnpike roads note in Londonl^ 148. \_.\ct to he judiciallij notieed.'\ 58 GEORGE III. A.D. 1818. CHAPTER XXVIII. An Act to extend and amend the Powers of Three Acts OF His present Majesty's Reign, for building The Waterloo Bridge, and making Roads communicating therewith ; and to authorize the Relinquishment of the repairing, lighting, and watching of the Roads on the South Side of the Bridge, TO THE Trustees of the Surrey New Roads, acting under Two several Acts of His present Majesty's Reign, for making, widening, and keeping in Repair certain Roads in the several Parishes of Lambeth, Newington, Saint George Southwark, Bermondsey, and Christchurch, in the County of Surrey, and for watching and lighting the said Roads. {^th Ma;/ 1818.] [Preamble recites 49 Geo. 3, c. cxci. ; 53 Geo. 3, c. clxxxiv. ; 56 Geo. 3, e. Ixiii.; 26 Geo. 3, e. 131 ; and 47 Geo. 3. c. cxv.*] 1 — 5. [Power to Company to raise a J'lLrther 75,00U^. and jinan- eial provisions. Spent. ^ 6 — 8. [Powers to widen, new. road towards the Obelisk — To take further lands for the purposes of this Act and the recited Acts — Deposit of plan of the intended road and of such lands with the Clerk of the Peace for Surrey, and as to mistakes in books of reference. Spent.'] 9. [Repeal of old and sab.-itituiion of new tolls. Supierscded. 4U A: 41 Vict. c. xcix.] 10. And whereas the said Company have built and constructed Cuper's two sets of stairs or ])l\iiig phu-es at the Surrev end of the saiil J^"''"^,.'^*''^""^ , . , , , 1 . o 1 ' to i)e iliscon- bndge, and the same art> now used in lieu oi tlic stairs or jnace tinueil. called Cuper's Stairs, otlierwise Cu[)er's Bridge Stairs [recital as to y arrow WaW] ; be it therefore further enacted, that from and after the passing of this Act the said stairs or jdying place called Cuper's Stairs, otherwise C^i])er's Bridge Stairs, shall be shut uj) and dis- continued as a public plying or landing place for watermen and * These Acts weie repealed by 3 Geo. 4. c. cxii., which was rejioaled by the Rermoiulsev, Lambeth and Soutliwark Orders in Council lyOl.made under 62 & (53 Vict. c. if. 64 [Chap, xxviii.] Th Waterloo Bndf^e Act VslS. [58 Geo. 3.] Company may lease vaults under the roads. For repair of arches under the road. others navigating npon the liiver Thames ; and that it shall not be lawful for any waterman or watermen to ply for hire or assemble at the said stairs or plying place, nor to ply for hire or assemble upon any part of the footways or roads by the said recited Acts of the forty-ninth, fifty-third, and fifry-sixth years of the reign of His present Majesty, or this Act, authorized to be made, but only at the stairs or plying places built and constructed by the said Company, and in the recesses within the footways at the ends of the said Bridge. . . . [Pa/-f omitted (jjenalties on watermen obstructing and using indecent language on bridge or roads). Semble obsolete. See also 2 res('rve, and keep the arches j.(.paij.j^j.gi^gg under the said road from the bridge to the Obelisk aforesaid, in thorough, sound, and complete repair, fit and proper for the safery and due maintenance of the said road, and to the satisfaction and approbation of the treasurei" for the time being of the trustees for putting into execution the said recited Acts of the twenty-sixth and forty-seventh years of the reign of His said i)resent ^Majesty : and that it shall be lawful to and for the said Company or their ■committee, and their agents, servants, and workmen, from time to time, and at all times when occasion shall reijuire, to come upon any part of the said road hereinbefore described, and so placed under the ■controul, superintendence, and management of the said trustees as aforesaid, after six hours previous notice, signed by their clerk, and given to the clerk of the said trustees, of their intention to break up the said road or any })art thereof, for the purpose of rebuilding, repairing, putting, or keeping in repair all or any uf the said arches. (they the said Company at their own costs and charges fencing such part or parts of the road as shall be so broken up, and during the rebuilding or repair of the said arclies, and reinstating the said road, protecting and preserving the public from damage or accident, by placing proper lights and persons to guard the same, and restoring the said road, after such arch or arches shall be rebuilt, rei)aired, or amended, to the same state as before such road was broken up, or such arch or arches became dilapidated or out of repair) : and in the breaking up of the said road, rebuilding or repairing the said arches, and restoring the said road, all possible dihgence shall be used by the said Company, their agents and servants. \See note on Preamble!] 18—20. [As to fo/l.^. Superaeded 4:0 & 41 \'ict. cxcix.] 21. Provided always, . . . that nothing in this Act, or in the r.uildiugsnot said recited Acts made in the forty-ninth, fifty-third, and fi^"^^'- [^''it^ij'jn'j^^'^ sixth years of the reign of His present Majesty contained, shall j^et of the extend or be construed to extend so as to ])rohibit or prevent the roads, •erection of any building or buildings by the side or sides of the roads by the said recited Acts authorized to be made, or any part thereof, so that such building or buildings be at tiie distance of five feet or upwards from the side or sides of the same roads respectively, or to prevent the construction of any vaults or areas below the level of the said roads on the side or sides thereof; and that it shall be lawful for the trustees of the said roads to authorize and empower any person or persons who shall erect any house or houses on the side or sides of the said roads, or any part thereof, to construct any arch or arches under the said roads in front of such house or houses for the purpose of making any cellar or cellars, or otherwise, save and excejit under such jiarts of the said roads where arches have bet-n already constructed by the said Company. \_See note on Prenmhlr.'] 22. \_fn(femnif'/ing Company for not convening tie com?nissioners under 40 Geo. 3, c. cxti. Spe/it.] 5 66 [Chap. Iv.] The Rush Common Act 1821. [1 & 2 Geo. 4.] 23. iSacing riqldnoj certain commissioiun'S of sewers. S'J.per.seded 11 (?cl2 Vict. c. il2.* See note IS k 19 Vict, c 120, .5. 135.] 24 — 25. {Extending •provisions of former Acts to this Act.] 26. [Act to he judiciall'j noticed.'] Schedule. [^Description of lands to be taken. Spent.] 1 & 2 GEORGE IV. A.D. 1821. CHAPTER LV. An Act to repeal certain Parts of, and to alter and amend AN Act passed in the Forty-slxth Year of the Reign of His late Majesty King George the Third, for enclosing Lands in the Manor of Lambeth, in the County of Surrey. [TM Mag 1S2L] [Preamble recites (inter alia) 46 (jreo. 3, c. Ivii. and that the com- missioners under that Act hg their award of 'Sz-d March 1810 inter alia aivarded to the Rector of the parish of St. Marg Lambeth, a piece of land on Rush Common containing thirty-one perches and narnbered 1 642 on the map oAtached to such oAca.rd and allotted to the Archbishop* of Canterburg Lord of the Manor of L.amheth in lieu of his right of soil in the common lands a piece of la/nd a.t the northern extremity of Po/sh Common containing one acre and ticenty-one perches numbered on the said map 1641 and also adlotted to Robert Stone « certain other piece of land on Rush Common containing three acres two roods and fourteen perches numbered on the said. ma.p 1638, and further recites that the saAd commissioners did, in ojid bg the said award, set out as a carriage road or drift-wag, « roaA cafled Effra. Road of the breadth of forty feet, numbered, two in the said map branching out of the turnpike road leaxling from London to Croydon opposite to Acre L.ojie, and. continuing in « southward direction along the eastern side of Rush Common, until it communicates with the road numbered three, next thereinafter described called Gross Road; and recites that the said commissioners did also set out and award one other cariiage roaxl or drift-way, called Middle Road, of the breoAlth of forty feet, numbered, thirteen in the said map, branching out of the said road called Cross Ltoad, a:nd continuing in « northjra/rd direction over Rush Common for the distance of ninety rods, and then brojiching westwa.rd to communicate with the turnpike road leading from London to Croydon and eastward to communicate with the before described road, number two ; and furtJier recites 58 deo. 3, c. 45 {An Act for building a/nd promoting the building of additional churches in popu- lous paj'tshcij and 59 Geo. 3, c. 134 amending the .w.me,and that the inhabitants of the said parish at a meeting held in consequence of the said. Act 58 Geo. 3, c. 45 had rcwlced, that the parish should, build four churches or chapels and that one of such churches or chapels should be ai or near Brixton, and further recites that the pieces of ground, so allotted to the said Archbishop of Canterbury and the Rector of the parish, together with one rood and sixteen perches of the said piece of groujul allotted, to Robert Stone together w'ith the dicer sions or branches of the north end of the said Middle Road and such other part of the said. Middle Road as lies between the said one rood a.iul sixteen perches or thereaJjouts, of the said piece of * Repealed by 38 & 39 Yict. c. 66 (S.L.R.). I i [1 itone^ and the said piece of ground so allotted to the said Rector of the said j/arinh, renjjectrcelg situate at Jirixton, have been deemed most cliqihle for the site of the church or chapel so intended to be built, and of « hon-^e or place of residence for the minister thereof, and for mahintf a, churchyard, or cemeterg to the said intended church or chapelJ] 1. Fi-om and aftoi- the passini,^ of this Act so much and such part Repealing a of the said recited Act of the forty-sixth vear of the reign of His certain part said late Majesty King- George the Third, as provides tliat no ac"^?o"^ buildings or erections above the surface of the earth should there- buildings, after be erected upon the narrow strip of waste land lying in front of Brixton Place, or upon tlio common called Tinsli Common, within tlie distance of one hundred and fifty feet from the turnpike road leading from London to Croydon, being the boundary thereof on the one side, or within the distance of two hundred feet from the old inclosures, beinji" the boundaries thereof on the east and south sides, nor u})on any other of the common lands or wood grounds thereby intended to be divided or inclosed, within the distance of one hundred feet in front of any messuage or dwelling-house then erected uj)on any land adjoining thereto, without such consent as tliereiu mentioned, shall, so far as respects the said diversions or branches of the; north end of the said Middle Koad, and such other ])art of the said Middle Road as lies between the said allotment f \><'Z'Z.'\ \_Frea-inble.'\ 1. \ Repeal of 55 Geo. 3, c. xcix., 59 Geo. 3, c. cxxvii.. 6o Geo. 3, c. i., and 1 Geo. 4. r. iv. continued to '2S)th Sept. LS22.] Bread made 2. ... It shall and may be lawful for the several bakers or of the articles ggjjgj.g ^f bread within the city of London and the liberties irTe^ntioned thereof, within the weekly bills of mortality, and within ten may be sold, miles of the Royal Exchange, to make and sell, or offer for sale, in his, her, or their shop, or deliver to his, her, or their customer or customers, bread made of flour, or meal of wheat, barley, rye, oats, buck wheat. Lidian corn, jjeas, beans, rice, or potatoes, or any of them, and with any common salt, pure water, eggs, milk, barm, leaven, potatoe, or other yeast, and mixed in such jn'oportions as they shall think fit, and with no other ingredient or matter whatsoever, subject to the regulations hereinafter contained. Bakers to 3. . . . It shall and may be la'v^'ful for the several bakers or sellers make bread of ^f bread witliin the limits aforesaid, to make and sell, or offer for sale, size^^^^° ^^ ^^^' ^^^"; *^i" their shop, or to deliver to his, her, or their customer or customers, bread made of such weight or size as such bakers or sellers of bread shall think fit : anv law or usage to the contrarv notwithstanding. Bread to be 4. • . • Fi'om and after the commencement of this Act, all bread sold by sold within the limits aforesaid, shall l»e sold by the several weight, and ^^^j-g^.g f^^ sellers of bread respectivelv within the said limits bv innootnei . . , | ' ,, „ i ■ i • i' manner under weight ; and ui case any baker or seller oi bread within the penalty not limits aforesaid shall sell, or cause to be sold, bread in any other exceeding40«. jj^anner than l)y weight, then and in such case every such baker or seller of bread siiall, for every such offence, forfeit and pay anv sum not exceediuu' fortv shillinu-s, which the Mairistrate or Magistrates, Justice or Justices, before whom such offender or Not to extend offenders shall be convicted, shall order and direct : Provided always, to French or ^jjj^|- nothing in this Act contained shall extend or be construed to or'rolls/'^^*^ ' extend to prevent or hinder any such l)aker or seller of bread from selling bread usually sold under the denomination of French or fancy bread, or rolls, without previously weighing the same. Penalty on 5. . • . The several bakers or sellers cf bread respectively within ^^^^"^th^*^"" the said limits, in the sale of bread shall use the avoirdupoise weight weight than of sixteen ounces to the pound, according to the standard in the avoirdupoise Exche(|uer, and the several gradations of the same for any less weight, not quantity than a pound : and in case any such baker or seller of bread nor less than shall at any time use any other than the avoirdupoise weight, and 40«. the several gradations of the same, he, she, or they shall, for every such offence, forfeit and pay any sum not exceeding five pounds, ... as the jMagistrate or Magistrates, Justice or Justices, l)efore whom such conviction shall take place, shall from time to time [3 Geo. 4.] The Sale of Bread (Mftropolis) Act 1822. [Chap, cvi.] (;9 order and adjiidjire. S^l'art umiftcd .v(/ins)(/it/ /ii/ the Summanj Jari.sf/icfioii -tlrAs.] 6 — 7. \_Peck loaf and d.s sidji/ttisiou.'i not to h<- .■<()ld during next 2 yearn — Penalt>/for Sflling a-itkin next 2 >jear.-i hnad not weighed in customi'r\S/M'//t.'\ 8. • . . Every baker or seller of breud within the limits aforesaid, Bakers to shall cause to be fixed in some conspicuous part of his, her, [V'^y*'^.!' '", ())• thcii' slio]), on or neai' the counter, a l)eam and scales with beams. scales jiroper weights, or other suflicient l»alance, in order that all l)read aiKl weij^hts, there sold mav from time to time be weii2;hed in tlie presence '^'•*^.- ^"'^ *^ , of tlie purchaser or purchasers thereof, except as aforesaid ; and etc. in case any such liaker or seller of bread shall neglect to fix such 1)eam and scales, or other sufficient balance, in manner aforesaid, or to ])rovide and keep for use proper beam and scales and proper weights or l)alauce, or shall luive or use any incorrect or false beam or scales or balance, or any false weight not being of the weight it purports to be, according to the standard in the Exchef^ner, then and in every such case, he, she, or tliey shall, for every such false Under a beam and scales and balance, or false weight, forfeit and pay any penalty not sum not exceeding five pounds, which the Magistrate or Magis- ^"'^'^^®*^^°^ ^^* trates. Justice or Justices, before whctm such offender or offenders shall be convicted, shall order and direct. [See also the Weights and 2i[easures Act 1878, .>-. 25.] 9. . . . Every l)aker or seller of bread within the limits aforesaid. Bakers and and every journeyman, servant, or other person employed by such '^^'^'ers of liaker or seller of liread, who shall convev or carrv out bread ,Ji^L'^"l^„, . ' •i''ii' 1 niuer persons for sale in any cart or other cai-riage, drawn by a horse, mule, or delivering by ass, shall l)e provided with, and shall constantly carry in such '^■^'^^' ^"-'t- ^o cart or other carriage, a correct l)eam and scales with proper wlth^beaml weights, or other sufficient balance, in order that all Ijread sold by scales, and ' every such baker or seller of bread, or by his or her journeyman, ^'eiglits, etc. servant, or other })erson, may from time to time ])e weighed in the breacT'^^^"^ j)resence of the purchaser or purchasers thereof, except as aforesaid; and in case any such baker or seller of liread, or his or her journey- man, servant, or other person, shall at any time carry out or deliver any liread, without lieing provided with such beam and scales with pro})er weights, or other sufficient lialance, or whose weights shall be deficient in their due weight according to the standard in the Exchequer, or shall at any time refuse to weigh any bread })urchased of him, her, or them, or delivered by liis, her, or their journeyman, servant, or other person, in the presence of the person or persons purchasing or receiving the same ; then and in every such case every j^-^i^j. .^ such baker or seller of bread shall, for every such oifence, forfeit and penalty not pay any sum not exceeding five pounds, which the Magistrate or exceeding .5^. Magistrates, Justice or Justices, before whom such offender or offenders shall be convicted, shall order and direct. {See the Weights and .}feasu7-es Act 1889, s. 32.*] 10. . . . No baker or other person or persons who shall luake Bread not to bread for sale within the limits aforesaid, nor any journeyman be adulte- or other servant of anv such baker or other person, shall at rated under a ■■■ ' jicnalty not * S. .32 of tbe Weights and Measures Act ISSi) is as follows: "32. Nothing "^^"^^ "'^ in the enactments referred to in the fourth Schedule to this Act shall render any baker or seller of bread, or the journeyman, servant, or other person emjiloyed by such baker or seller of bread, liable to any forfeiture ing to weigh in the presence of the purchaser any bread conveyed or carried out in any cai t or other carriage, unless he is requested so to do by or on behalf of the purchaser."' The fourth f>chedule of the 18S'.) Act refers (^iiitcr alia') to :! tieo. 4, c. cvi. s. 9. "0 [Chap, cvi.] The Sale of Bread {Metropolis) Act 1822. [3 Geo. 4.] 10/. nor less than 5Z. Names of offenders to be published. Corn, meal, or flour not to be adulte- rated, nor shall any flour of one sort of corn be sold as the flour of any other sort, on penalty not exceeding 20/. nor less than ol. Bread made of mixed meal or flour to be marked with a Eoman M. Penalty for neglect not exceedino- 10s. any time or times, in the making of 1 tread for sale within such limits, nse any mixture or ing-redient whatsoever in the making of such l)read, other than and except as herein! tefore mentioned, on any account or under any colour or pretence whatsoever, upon pain that every such person, whether master or journey- man, servant or other person, who shall oftend in the premises, and shall be convicted of any such oft'ence, l)y the oath, or in case of a Quaker, by atiirmation, of one or more credible witness or witnesses, or by his, her, or their own confession, shall for every such offence forfeit and pay any sum not exceeding ten pounds, ... or in default thereof shall, by warrant under the hand and seal or hands nnd seals of the Magistrate or Magistrates, Justice or Justices, before whom such offender shall be convicted, be appre- hended and committed to the house of correction, or some prison of the city, county, borough, or place where the offence shall have been committed or the offender or offenders shall be apprehended, there to remain, . . . unless the penalty shall be sooner paid, as any such Magistrate or Magistrates, Justice or Justices, shall think fit and order ; and it shall be lawful for the Magistrate or Magistrates, Justice or Justices, before whom anvsuch offender or offenders shall be convicted, to cause the offender's name, place of abode, and offence, to be published in some newspaper which shall be printed or pub- lished in or near the citv of London or the libertv of Westminster, and to defray the expense of publishing the same out of the money to be forfeited as last mentioned, in c;ise any shall be so forfeited, paid, or recovered. \^Pa7'ts omitted (as to _fine and imprisonment) superseded, b;/ the Smnmanj J tirisdirtion ActsP\ 11. ... If any person within the limits aforesaid, shall put into any corn, meal, or Hour, which shrdl be ground, dressed, bolted, or manufactured for sale within such limits, either at the time of grinding, dressing, l)olting, or manufacturing the same, or at any other time, any ingredient or mixture whatsoever, not being the real and genuine produce of the corn or grain which shall be so ground ; or if any person shall, within the limits aforesaid, knowingly sell, or offer or expose, for sale, either separately or mixed, any meal or flour of one sort of corn or grain, as the meal or flour of any other sort of corn or grain, or any ingredient whatsoever mixed with the meal or flour so sold or offered or exposed for sale ; then and in every such case every person so offending shall, u})on conviction before any one or more Magistrate or Magistrates, Justice or Justices of the city, county, borough, or place where such offence shnll have been committed, on the oath, or in case of a Quaker by afiirmation, of one or more credil^le witness or witnesses, or by his, her, or their own confession, forfeit and pay, for every such offence, any sum not exceeding twenty pounds. . . . \^Sot(' to section Iti ap]>lies to jxirt omitted {as to antoant of penal f >/).'] 12. . . . Every person who shall make for sale, or sell or expose for sale, within the limits aforesaid, any bread, made wholly or parti^dly of the me.nl or flour of tiny other sort of corn or grain than wheat, or of the meal or flour of any peas oi- beans, shall cause all such bread to be marked with a large Koman M ; and if any person shall at any time, within the limits jiforesjiid, mjike or sell, or expose for sale, any such bread without such mark as hereinbefore directed, then and in every such case, every person so offending shall, upon conviction in manner herein- [3 Geo. 4.] The Sale of Jhraj/ {MdroiJol>.-i) Ad 1822. [Chai-. cvi.] 71 after mentioned, forfeit and pay for every itound weight of such bread, and so in i»roi)ortion for any less ([uantity, wliich shall be so made for sale or sold or ex])nsed for sale, without being so marked as aforesaid, any sum not cxeecding ton shillings, as the Magistrate or Magistrates, . Justice or Justices, before whom such conviction shall take ])lace, shall from time to time order and adjudge. 13. . . . It shall l)e lawful for any Magistrate or Magistrates, M.-it,'i.strates .Justice or Justices of the Peace, within the limits of ^^''^''0^5!^.*^^,,. respective jurisdictions, and also for any peace officer or officers, ti,eir war- authorised by warrant under the hand and seal or hands and seals rants, may of anv such Magistrate or ^lagistrates, Justice or Justices (and f^'f'"'.' * which warrant any such jMagistrate or Magistrates, Justice or ^i-os. aixl i£ Justices, is and are hereby empowered to grant), at seasonable any adulte- times in the day-time, to enter into any house, mill, '^hop, JiJ'^^'J'*^'^'^'"' stall, bakehouse, boltinghouse, pastry warehouse, outhouse or (_,£. found, the ground of or ]>elonging to any miller, mealman. or baker, or sanu- may be other person who shall grind grain, or dress or bolt meal or Hour, ^^g^';|^g^"''f or make bread for reward or sale, within the limits aforesaid, and '^'P"*^' to search or examine whether any mixture or ingredient not the genuine produce of the grain such meal or tlour shall import or ougiit to be, shall have been mixed up with or put int<» any meal or Hour in the possession of such miller, mealman, or baker, either in the grinding of any grain at the mill, or in the dressing, bolting. or manufacturing thereof, whereby the i)urity of any meal or flour is or shall lie in anywise adulterated ; or whethei- any mixture or ingredient, other than is allowed by this Act, shall have been mixed np with or put into any dough or bread in the possession of any such baker or other person, wherel)y any such dough or bread* is or shall lie in anywise adulterated; and also to search for any mixture or ingredient which may be intended to be used in ■or for any such adulteration or mixture ; and if on any such search, it shall appear that any such meal, flour, dough, or bread, so found, shall have been so adulterated by the person in whose possession it shall then be, or any mixture or ingredient shall be found, which shall seem to have lieen deposited there in order to be used in the iidulteration of meal, flour, or bread ; then and in every such case, it shall be lawful for every such Magistrate or Magistrates, Justice or Justices of the Peace, or officer or officers authorized as aforesaid respectively, within the limits of their respective jurisdictions, to seize and take any meal, flour, dough, or bread which shall be found in any such search, and deemed to have been adulterated, and all ingredients and mixtures which shall be found and deemed to have been used oi- intended to be used in or for any such adulte- ration as aforesaid : and such jiart thereof as shall be seized by any peace officer or officers authorized as aforesaid, shall, with all con- venient speed after seizure, be carried to the nearest resident Magi>- trate or Magistrates, Justice or Justices of the Peace, within the limits of whose jurisdiction the same shall have been so seized : and if any ^Magistrate or Magistrates, Justice or Justices, who shall make any such seizure in pursuance of this Act, or to whom anything ^o seized under the authority of this Act shall be brought, shall adjudge that any such meal, flour, (h)Ugh, or bread so seized shall have been adulterated by any mixture or ingredient put therein, other than is allowed by 'this * Act, or shall adjudge that any ingre- dient or mixture so found as aforesaid shall have been deposited or kept where so found for the purpose of adulterating meal, flour, or 72 [Chap, evi.] The Sale of Bread {Metropolis) Act 1822. [3 Geo. 4.] l)read : then and in any such case, every such Magistrate or Magis- trates, Justice or Justices of the Peace, is and are hereby required,, within the limits of their respective jurisdictions, to dispose of the same as he or they, in his or their discretion, shall from time to time think jiroper. Penalty on 14. . . . Every miller, mealman, or baker, within the limits persons in aforesaid, in whose house, mill, shop, stall, bakehouse, bolting- whose house, bouse, pastry warehouse, outhouse, u'round, or possession, anv premisesJn!'' i"Kredient or mixture sliall be found, which shall, after due predients for examination, be adjudged by any Magistrate or Magistrates, the aduitera- Justice or Justices of the Peace, to have been deposited there for or'bread^shall ^^^^ purpose of being used in adulterating meal, flour, or bread, be found : ' shall, ou being convicted of any such offence, either by his, her, or their own confession, or by the oath, or in the case of a Quaker, by affirmation, of one or more credible witness or witnesses, forfeit First offence ^^cl P^-.Y? ^n every such conviction, any sum of money not exceeding not exceeding ten pounds . . . for the first offence ; five ponnds for the second ^^^- offence, and ten pounds for every subsequent offence : or in default of payment thereof, shall, by warrant under the hand and seal or hands and seals of the Magistrate or Magistrates, Justice or Justices offence U ■ before whom such offender shall be convicted, be apprehended and committed to the house of correction, or some prison of the city^ and 10^. for couuty, or place where the offence shall have been committed, or the every sub- offender or offenders shall be apprehended, there to remain, . . . sequent (nuless the penalty be sooner paid) as any such Magistrate or ence. Magistrates, Justice or Justices, shall think fit and order ; and it shall be lawful for the Magistrate or Magistrates, Justice or Names of Justices, before whom any such offender shall be convicted, to cause offenders to the offender's name, place of abode, and offence, to be published in epu is ed. j,Qj^g newspaper which shall be printed or jjublished in or near the city of London, and to defray the expense of publishing the same out of the money to be forfeited as last mentioned, in case any shall be so forfeited, paid, or recovered. [Note to section 10 applies to j)arts omitted {as to fine and impri.wnment)^ Penalty not 15. ... If any person or persons shall wilfully obstruct or exceeding lOZ. hinder any such search as hereinbefore is authorized to be for obstruct- j^iade, or the seizure of any meal, flour, dough, or bread or of search" autho- ^i^y ingredient or mixture which shall be fonnd on any such rized by this search, and deemed to have been lodged with an intent to ^^^- adulterate the purity or wholesomeness of any meal, flour, doughy or bread, or shall wilfully oppose or resist any such search being made, or the carrying away any such ingredient or mixture as aforesaid, or ;iny meal, flour, dough, or bread, which shall be seized as being adulterated, or as not being made pursuant to this Act, he, she, or they so doing or offending in any of the cases last aforesaid^ shall for every such offence, on being convicted thereof, forfeit and ])ay such sum, not exceeding ten pounds, as the Magistrate or Magistrates, Justice or Justices, before whom such offender or Offences offenders shall be convicted, shall think fit and order : Provided occasioned by also, that if any person making or who shall make bread for sale default^of within the limits aforesaid, shall at any time make complaint to any journeymen Magistrate or Magistrates, Justice or .Justices of the Peace, within and servants, his or their jurisdiction, and make appear to him or them, by the punishecf oath, or in the case of a Quaker, by affirmation of any credible witness, that any offence which such person shall have been charged with, and for which he or she shall have incurred and paid any [3 Geo. 4.] The Sale of I head {Mefropolis) Art 1^22. [( "hai-. cvi.] 73 ])enalty under this Act, shall have beei) occasifjned by or throuay- ment of the sum of money which any such ^Magistrate or 3Iagis- trates. Justice or Justices, shall order him to pay by reason of such his said wilful neglect or default, then any such Magistrate or jMagistrates, Justice or Justices, within his or their respective juris- diction, is or are hereby authorized and required, by warrant under his or their hand and seal, or hands and seals, to cause such journey- man or servant to be apprehended and committed to the house of correction, or some other })rison of the city, county, division, or place, in which such journeyman or servant shall be ai)})reiiended oi- con- victed, to be there kept to hard labour for any term not exceeding six calendar months from the time of such commitment. . . . [Note to section 10 applies to part omitted (as to pa;iment of penalty )7\ 16. Provided always, . . . that no master, mistress, journeyman. Bakers shall or other person respectively, exercised or employed in the trade "'^'^''^'^'^ or calling of a baker within the limits aforesaid, shall, on the ^n the Lord's Lord's Day, or on any ])art thereof, make or bake any breatl. Day, rolls, or cakes of any sort or kind ; or shall, on any other part of the said day than between the hours of nine of the clock in nor sell bread, the forenoon and one of the clock in the afternoon, on any pretence {J°ead''ilie.s whatsoever, sell or expose to sale, or permit or suffer to be sold or etc. except ' exposed to sale, any bread, rolls, or cakes, of any sort or kind : or between ccr- bake or deliver, or ])evmit or suffer to be baked or delivered, any *^"" ^°'^'"*- meat, pudding, pie, tart, or victuals, except as hereinafter is ex- cepted, or in any other manner exercise the trade or calling of a baker, or be engaged or emi)loyed in the business or occupation thereof, save and except so fiir as may be necessary iu setting and sui)erintending the s])onge to prepare the bread or dough for the following day's baking ; and every person offending against the last- mentioned regulations, or any one or more of them, or making any sale or delivery hereby allowed otherwise than within the bake- house or shop, and being thereof convicted before any Justice of the 74 [Chap, cvi.] The Sale of Bread (Mefropolis) Act 1822. [3 Geo. 4.] I'enalty for the first offence 10s., for the second offence 20s., and for every subsequent offence 40.'>\ Bakings may be delivered till half past one on Sundays. No miller, mealman, or baker to act as a Justice of I'eace in the execution of this Act on penalty of ICW. Penalty not exceeding 10^. on per- sons opposing the execution of this Act. Piecovery and application of penalties and for- feitures. Peace of the city, comity, or place where the offence shall be committed, within six days from the commission thereof, either ni)on the view of such Justice, or on confession by the party, or proof by one or more credible witness or witnesses upon oath or affirmation, shall for every such offence pay and nndergo the forfeiture, penalty, and punishment hereinafter mentioned ; (that is to say), for the first offence the penalty of ten shillings ; for the second offence the penalty of twenty shillings ; and for the third and every subsequent offence respectively the penalty of forty shillings ; and shall more- over, upon every such conviction, bear and pay the costs and expences of the prosecution, such costs and expences to be assessed, settled, and ascertained by the Justice convicting, and the amount thereof, together with such part of the penalty as such Justice shall think proper to be allowed to the prosecutor or prosecutors for loss of time in instituting and following up the prosecution, at a rate not exceeding three shillings per diem, and to be paid to the prosecutor or prosecutors for his, her, and their own use and benefit, and the residue of such penalty to be paid to such Justice, and within seven days after his receipt thereof to be transmitted by him to the churchwardens or overseers of the parish or ])arishes where the offence shall be committed, to be aj^plied for the benefit of the poor thereof ; and in case the whole amount of the penalty, and of the costs and expences aforesaid, be not forthwith paid after conviction of the offender or offenders, such justice shall and may, by warrant under his hand and seal, direct the same to be raised and levied by distress and sale of the aoods and chattels of the offender or offenders : and in default or insufficiency of such distress, commit the offender or offenders to the house of correction, on a first offence for the space of seven days, for a second offence for tlie space of fourteen days, and on a third or any subsequent offence for the space of one month, unless the whole of the penalty, costs, and expences be sooner paid and discharged : Provided nevertheless, that it shall be lawful for every master or mistress baker, residing within the limits aforesaid, to deliver to his or her customers, on the Lord's Day, any bakings until half an hour past one of the clock in the afternoon of that day, without incurring or being liable to any of the penalties in this Act contained. 17. Provided always, . . . that no person who shall follow or be concerned in the business of a miller, mealman, or baker, shall be capable of acting or shall be allowed to act as a Justice of the Peace under this Act, or in putting in execution any of the powers in or by this Act granted ; and if any miller, meal- man, or baker shall presume so to do, he or they so offending in tlie premises shall, for every such offence, forfeit and pay the sum of one hundi-ed pounds, to any person or persons who will inform or sue for the same, to be recovered, together with full costs of suit, in any of His Majesty's Courts of liecord at Westminster. 18. ... In case any person or persons shall resist or make forcible opposition against any person or persons employed in the due execution of this Act, every such person offending therein shall for every such offence forfeit any sum not exceeding ten pounds, at the discretion of the Magistrate or Magistrates, Justice or Justices of the Peace, before whom he or she shall be convicted of such offence. 19. . . . All penalties, forfeitures, and fines by this Act inflicted or authorized to be imposed, (the manner of levying and recover- ing and applying whereof is not herein otherwise directed), shall upon proof and conviction of the offences respectively before p Geo. 4.] 7//^' >Sale of Ihead {M,-f,-opolis) Act lK->-j. [('hai'. cvi.] 75 any Magistrate or .Insticc ol' the Peace for the city, county, or place where the offence shall have been committed as the case may reiiuire), either by the confession of the party offending, or by the oath (or in case of a Quaker on aftinnationy of any credible witness or witnesses, (which oath or ailirmation every such Magistrate or .Justice is in every such case hereby fully author- ized to administer), be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the jjarty or ])arties oll'ending, by warrant under the hand and seal of such Magistrate or Justice : . . . but if uj)on the return of such warrant it shall appear that no sulHcient distress can be had thereupon, then it shall be lawful for any such Magistrate or Justice of the Peace as aforesaid, and he is hereby authorized and required, by warrant or warrants under his hand and seal, to cause such offender or offenders to be committed to the common gaol or house of correction of the city, county, or place where the offender shall be or reside, there to remain without bail or mainprize for any time not exceeding one calendar month, (save and excejit as herein other- wise directed), unless such ]>enalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner ])aid and satisfied ; and the monies arising by such penalties, forfeitures, and fines respectively, when paid or levied, if not otherwise directed to be ai)plied by this Act, shall be from time to time i)aid, one moiety thereof to the informer or person suing for and recovering the same, and the other moiety to the churchwardens or overseers of the poor of the parish or place in which such ofience shall have been com- mitted, to be by them applied and disj)Osed for the benefit of the poor thereof. \_JS'ote to section lU applies to part omitted {as to distress). See also 2 & 3 Vict. i Jurisdiction Acts^^ 28. [^l.^' to appeal in case of conviction within si.c (hw/s of (Quarter Sessions. Superseded b;/ the Summa?\i/ Jurisdiction Acts.] 29 30. \_Limitation of Actions— General issue ma;/ be pleaded and treble costs. J\ep. in part b>/ the Limitations of Actions and 76 [Chap, cxii.] The Hammersmith Bridge Act 1824. [5 Geo. 4.] Limiting time of informa- tion. Application of penalties. CoiSee 4') \' 47 Met. c. €lxxvii. sH. 0, S.] 65. \l'o>rer to li'use or rent places for nKiterinls. Spent. ~\ 66. ... It shall be lawful fur the said ( 'omiiaiiy or their committee Company to of management to make or cause to be made one or more proper make roa24. [5 Geo. 4. ] Bridge to be public upon payment of tolls, and half in each conntv. Penalty on assaulting collectors, etc. Appeal. Proceedings, not to be quashed for want of form 119. iPacements not to he taken up tvitkout Compani/s consent. Semble obsolete. See also 57 Geo. 3, c. xxix. s. 53 ; 18 & 19 Vict, c. 120. .v. Iii9; 40 k 41 Vict. c. xcix. .^-. l.j, and 40 & 47 Vict, c. clxxvii. s. 20.] 120. ^ Potcer to appoint icatchmen. Superseded hi ijeo. 4, c. 44, .>»•. 4.] 121—136. [.4.S- to tolls. Superseded 40 & 41 Vict. c. xcix. s. 16.] 137. . . . The half of the said bridge, when built, next adjoining to the county of Middlesex shall be deemed to be in the county of of Middlesex, and part of and in the jmrish of Fulham, and the other half of the said bridge adjoining to the county of Surrey shall be deemed to be in the said county of Surrey, and part of and i'ii the parish of Barnes. . . . [Farts omitted (as to tolls, and bridge not to he a county bridge) superseded. 40 & 41 Vict. c. xcix.; and O'S k .jO Vict. c. cxxvii. s. 46.] 138 — 139. [(-OnipoMi/ to continue trustees of the bridge and to he indictable for failure of repairs. Spent. See 40 & 41 176*^. c. xcix. s. 10 ; a/nd 46 & 47 Vict. c. clxxvii.] 140. \_For prerenting wilful damage to the bridge. Super.^eded 18 t^c 19 Vict. c. 120, ss. 2'J6, 2o7, and the Malicious J)amage Act 1861, .ss. 33, 34.] 141 — 142. \_Owners of cessels lioMe for dximage to bridge and icorks — Masters to recocer from ser cants sums paid, for ser cants' defaults. Semhle spent. See 46 & 47 Vict. c. clxxvii.] 143 — 144. \_A.-< to icatchmen. Superseded V) Geo. 4, c. 44, s. 4.1 145. ... In case any person or persons shall resist or make forcible opposition against any person or persons employed in the due execution of this Act, or shall assault anv survevor, engineer, or agent ... in the execution of his or their office or offices, . . . every such person shall for every such offence forfeit and pay any sum not exceeding five pounds. [Part omitted (as to collectors and tolls) superseded 40 & 41 Vict. c. xcix. .s-. 16.] 146 — 153. [Penalties for damaging milestones, lamps, etc. — Ob- structions and nuisa/nces on bridge and roads — Hedges to be cut — Cattle found straying. Spent. See also 57 Geo. 3, c. xxix. s. 8 ; the Highways Acts 1835, ss. 66, 72, 73, and, 1864, .s-. 25 : 2 tt 3 Vict, c. 47, '.5.5. 54, 60 ; 18 & 19 Vict. c. 120, ss. 119, 205—207 ; 45 Vict, c. Ivi. s. 41 ; ajul 55 & 56 Vict. c. ccxxxviii. s. 4U.] 154 — 161. [Recocery of penalties — Company may gice informers half penalties — Collectors to give ecidence — Compelling attendance of tvitnesses — TroMsient offenders — Procedure for offences and appeals to Quarter Sessions. Spent in part. Retnr. superseded, by the Summary Jurisdiction Acts and 2 & 3 Vict. c. 71, .5. 5i».] 162. Provided always, . . . that if any person or persons shall think himself, herself, or themselves aggrieved by any order or judgment made or given in pursuance of any rule or order of the said Company, or the committee of management, or by any order, judgment, or determination of any Justice or Justices, relating to this Act, or any matter or thing herein contained, such person or persons may appeal to the Justices of the Peace at the first or next General or Quarter Sessions to be holden for the county or place wherein the cause of appeal shall have arisen. . . , [Pojt omitted (as to procedure on appeal) superseded liy the Summary Jurisdiction x\.ctsi\ 163. ... No proceedings to be had touching the conviction of any offender or offenders against this Act, or any order made, or any other matter or thing to be done or transacted in or relating to [9 Geo. 4.] The JIammeismifh Bridge Act 1828. [Chat, lii.] 79 the execution of this Act, shall he vacated or quashed for want <»1' form only, or be removed or removable by certiorari, or any other writ or ])ro(;ess whatsoever, into any of His Majesty's (Courts of liecoi'd at Westminster (except as hereinbefore mentioned^, any law or statute to the contrary notwithstanding. 164—165. \_'reii(fer of ainenda, notice, and limitation of action.^. Ucjj. in jjurt hy the Limitations of Actions and Costs Act 1842; remr. superseded b;j the Piddie Autlioritica Protection Act 1^03.*] 166. \_J >eelaring /chat shall he good sercice on the ('ornpawj. ^pent. See 4<) & 41 Met. c. xcix.] 167. [Sat'ing the right.s of the Corporation of London a.s Con- sercators of the Thames. Saperseded 67 & o8 F/i*^. c. clxxxvii.*] 168—169. \_Savin(i the rit/hts of the Commissioners of Seirers for Middlescj: and Sarrei/. Superseded {as regards conntij of London.) 11 & 12 Vict. c. 112.t See now 18 & 19 Vict. c. 120, s. 135.] 170 171. \_Capitai to he snhscrihed before icorhs commenced, and bridge to be completed infve gears. Spent.'] 172. ^Act to be jadicially noticed.'] First and Second Schedules, {f^escription of land^ to he taken. Spent I] 9 GEORGE IV. A.D. 1828. CHAPTET^ LII. An Act for altkuino and amending an Act passed in the Fifth Year of His present Majestv, for building a Bridge over THE lliVEK Thames at Hammersmith, and for making con- venient Roads to communicate therewith. \;2M Mag 1828.] [Preamble recites 5 Geo. 4, c. cxii., and (inter alia) that tlie Company ham completed the bridge by the said Act atdhorized to be made, and Jiace also compdeted a road from the north end of the said bridge, communicating irith the turnpike road or street at Hanunersmith, and a road from the south end of the said bridge communicating with the roads leading from Bichmond. to London at Barnes Common : and that it is expedient that the said road leading from the north end of tlie said bridge should be dicerted at the north end thereof so as to communicate tcith tlie said turnpike road or street at Hammer- smith in a more straight and westerly direction, and that the said road from the north end of the said bridge should also be extended in an easterly direction so as to communicate at Sorth End in the parish of Fulliam with the road leading to London through Brampton.] 1. \_Provisions of recited Act to extend to this Act, except as therein altered or repealed. Spent.] 2—5. \_I^ower to Company to raise SO,(K\Ol. further capital and procisions as to raising same. Spent.] 6. . . . It shall be lawful for the said Company, or rheir committee Power to of management, to make or i-ause to be made the saiil road from extend the the north end of the said bridge to eommuuiente with tlie street *" * *• at Hammersmitli in a straight and more westerly direction, and also to extend or make one or more proper and commotlions road * See Appendix. f ^ep. 3S cc 39 Vict. c. G6 (S.L.K.). 80 [Chap. 44.] The Metropolitan Police Act 1829. [10 Geo. 4.] or roads from or out of the present road at the north end of the said bridge, to coramunicate at North End with the road leading to London through Brompton. 7 — 11. \_J)e))Osit of pit III f> with Clerks of t/ie, Peace for Middlesex and Siin'ei/ — I)eviation — Provisions as to taking lands. Spent^ 12 — 13. {Company not to he liable to repair roads made before passing of former Act — Repeal of jtrovision in .5 Geo. 4, c. cxii., limiting taking grarel from Barnes Common. Spent. See 40 & 41 Jlct. c. xcix. s. 16 ; and 46 & 47 Vict. c. clxxvii.] 14. \_Poicer to Company to lease estates pvrcliased of Mr. Hoare. Spent.'] 15—22. \_As to tolls. Superseded 4(» & 41 Vict. c. xcix. s. 16.j 23. {Saving the rights of certain commissioners of sewers. Super- seded (as to county of London')., 11 c^' 1";! Vict. c. 112.* See non- 18 k 19 Vict. c. 120, s. 13.5.] 24 — 25. {Form of proxies — Proceedings of committees to he evidence. Spent. See 40 & 41 Vict. c. xcix. s. 15.] 26. {Act to he judicially noticed?^ Schedule. {TJescription of lands to he taken. SpentP[ 10 GEORGE IV. A.D. 1829. CHAPTER 44. An Act for improving the Police in and near the Metropolis. {VMh June 1829.] 1. Whereas offences against property have of late increased in and near the metropolis ; and the local establishments of nightly watch and nightly police have been found inadequate to the pre- vention and detection of crime, by reason of the frequent unfitness of tlie individuals employed, the insufticiency of their number, the limited sphere of their authority, and their want of connection and co-c»])eration with each other : And whereas it is expedient to sub- stitute a new and more efficient system of police in lieu of such establishments of nightly watch and nightly police, within the limits hereinafter mentioned, and to constitute an office of police, which, acting under the immediate authority of one of His Majesty's prioci])al Secretaries of State, shall direct and controul the whole of such new system of police within those limits : Be it therefore enacted by the King'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 His Majesty authority of the same, that it shall be lawful for His Majesty to may establish cause a new police office to be established in the city of Westminster, ^ffi^^f^r\^he ^^^^ ^^^ warrant under his sign manual to appoint two fit persons as metropolis Justices of the Peace of the counties of Middlesex, Surrey, Hertford, and the sur- Essex, and Kent, and of all liberties therein, to execute the duties rounding ^^ ^^ .^^ Justice of the Peace at the said office, and in all parts of those may appoint several connties, and the liberties therein, together with such other two persons duties as shall be hereinafter specified, or as shall be from time to as Justices, to ^j^^^ directed by one of His Majesty's principal Secretaries of State, business of for the more efficient administration of the j^olice within the limits the office, hereinafter mentioned ; and His Majesty may remove either of the * Eep. 38 & 39 Vict. v. G6 (iS.L.I!.). [10 Geo. 4.] The Metro pdi fan Police Act 1820. [Chap. 44.] 81 said Justices, if lie shall see occasion so to o. shall act as a Justice of the Peace at any Court of General or <^uarter Sessions, nor in any matter out of Sessions, except for the preservation of the peace, the prevention of crimes, the detection and committal of oftenders, and in carrying: into execution the purposes of this Act. 2. P^very ]>erson to be appointed a Justice of the Peace by virtue Oath to be of this Act shall, before he shall begin to execute the duties of his taken by the office, take the following oath before some Justice or Baron of one •^"^'^'^^'*- of His Majesty's Courts of Record at Westminster : (that is to say,; '' I A.B. do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute all the powers and duties of a Justice of the Peace, under and by virtue of an Act passed in the tenth year of the reign of King (ieorge the Fourth, intituled An Act for improving the police in and near the metropolis." 3. [Salari/ of the Justices. Rep. 36 & 37 Vict. c. 91 {S.L.R.).] 4. . . . The whole of the city and liberties of AVestminster, and Westminster •such of the parishes, townships, precincts, and places in the counties '^"'^ P^^'^'* of of Middlesex, Surrey, and Kent, as are enumerated in the Schedule Surrey.lnd to this Act, shall be constituted, for the purposes of this Act, into Kent, to be one district, to be called " The Metropolitan Police District"; ;uap"^™^. IVf/.'r. 47, -s. 4 ; ant/ lOct 20 T/V-^ 6'. 2, .V. •-.'.] 5. . . . The said Justices may from time to time, subject to the The Justices, ap})robation of one of His Majestv's principal Secretaries of State, *"!!i^,K*J°-.**'^ ■f 1 1 1 1 • ■■ 1 1 11 1 T approbation irame sucn orders and regulations as they shall deem expedient, of a Secretary relative to the general government of the men to be appointed '^'f ^^ate, may 6 82 [Chap. 44.] The Metropolitan Police Act 1829. [10 Geo. 4.] make regula- tions for the management of the police force. Police men may be sus- pended or dismissed by the Justices. Penalty on publicans harbouring police men during the hours of duty. Powers of police. Constables attending at the watch- houses in the night may take bail by recognizance from persons brought be- fore them for petty misde- meanors ; such recogni- zance to be conditioned for the ap- pearance of the parties before a magistrate. members of the police force under this Act ; the phices of their residence ; the classification, rank, and particular service of the several members ; their distribution and inspection ; the description of arms, accoutrements, and other necessaries to be furnished to them : and which of them shall be provided with horses for the performance of their duty ; and all such other orders and regulations, relative to the said police force, as the said Justices shall fi'om time to time deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties ; and the said Justices may at any time suspend or dismiss from his employment any man belonging to the said police force whom they shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same ; and when any man shall be so dismissed, or cease to belong to the said police force, all powers vested in him as a constable by virtue of this Act shall immediately cease and determine. \_See also 2 & 3 Vict. c. 47 ; and 19 & 20 Vict. c. 2, s. 2.] ^ _ 6. . . . If any victualler or keeper of any house, shop, room, or other place for the sale of any liquors, whether spirituous or other- wise, shall knowingly harbour or entertain any man belonging to the said police force, or permit such man to abide or remain in his house, shop, room, or other place during any part of the time appointed for his being on duty, every such victualler or keeper as aforesaid, being convicted thereof before any two Justices of the Peace, shall for every such offence forfeit and pay such sum, not exceeding five pounds, as they shall think meet. \_See also 2 & 3 Vict. c. 71, s. 14 ; and the Licensing Act ls72, s. 16.] 7. ... It shall be lawful for any man belonging to the said police force, during the time of his being on duty, to apprehend all loose, idle, and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of any evil designs. . . . [Part omitted (as to loiterer.^) ?-f'p. 37 & 38 T7fL c. 35 (S.L.E.). See also 2 & 3 Vict. c. 47, s. 64.] 8. [^Assaults on police men. Pep. 36 & 37 Vict. roper name only, or by his name and description of office, to sue for and recover the same from such person, ... in any of His Majesty's Courts of Record at Westminster, bv action of debt : in which action it shall be sufficient for such receiver to declare as for money had and received to the use of such receiver for the pur[)Oses of this Act : and the defendant in the action may, at the discretion of any Judge of such Court, be held to special bail in such competent sum as the Judge shall order ; and the Court in which the action shall be brought may, at the instance of either of the parties, refer the account in dispute in a summary manner to be audited by any officer of the Court or other fit person, who may examine both plaintiff and defendant upon oath (which oath the said referee shall have power to administer), and upon the report of such referee, unless either of the parties shall shew good cause to the contrary, the Court may make a rule, either for the payment of such sum as upon the report shall appear to l)e due, or for staying the proceedings in the action, and upon such terms and conditions as to the Court shall appear reasonable ; or the Court may order judgment to be entered up by confession, for such sum as uj)on the report shall appear to be due. [Par? omitted (as to double costs) rejj. by the Limitations of Actions and Costs Act 1842.] 15. ... In case of the death of any person during the time that he shall be holding the office of receiver, or after he shall have resigned or been removed from such office, the receiver for the time being may, in his own proper name only, or by his name and [10 Geo. 4.] The Metropolitan Police Act 1829. [Chap. 44.J 85 description of office, sne for ;ind recover from the executors or 'deceased administrators of such person deceased all such sums of money as "^^^^i^^r. shall have been remainin*; in his hands applicable to the purposes of this Act, by nn action of debt in any of His ^fajesty's Courts of Record at Westminster ; in which action it shall be sufficient for the plaintiff to declare that the deceased was indebted to the plaintiff for money had and received to his use for the purposes of this Act, or that the deceased died ])ossessed of money had and received for the ])ur])Oses of this Act, whereby an action hath accrued to the plaintiff to demand and have the same from such executors or administrators ; and the like action may be brought against any executors or administrators of executors or administrators : and in all such actions the defendant or defendants may plead in like maimer, and avail themselves of the like matters in defence, as in any action founded upon simple contracts of the original testator or intestate ; and the Court may refer the account in dispute to be audited by any officer or person, and may proceed ujton the report of such referee in like manner as is hereinbefore mentioned ; and in all actions to be brought, as well as in all proceedings whatsoever Proof of the to be instituted or carried on, by any receiver by virtue of this Act, receiver's proof of his acting in tlio execution of the office of receiver shall be °|^"^\ j. sufficient evidence of his holding such office, unless the contrary shall be shewn in evidence bv the defendants in such actions, or the parties against whom such proceedings shall be instituted or carried on. 16. . . • The receiver for the time being shall make all such The receiver contracts and disbursements as shall be necessary for purchasing ^^all contract or renting any land or buildings, or for erecting, fitting np, furnish- or^buiidin^s ing, or repairing any buildings, for the purposes of this Act, in such that may be manner as one of His Majesty's ])rincipal Secretaries of State shall required, direct ; and of all lands and buildings so to be purchased or rented, The property and of the fixtures and furniture thereof, and of all goods and to be vested chattels whatsoever to be from time to time held or purchased for ^^ ™' the purposes of this Act, the property ac([uired therein shall be vested in the receiver for the time being, in whom also shall be vested the property of all watch-houses, watchboxes, arms, accoutre- ments, and other necessaries to be given up as hereinafter men- tioned ; and the receiver for the time being may, by the directions of such principal Secretary of State, sell, assign, or dispose of the whole or any part of any such j)roperty as aforesaid, and shall execute all such lawful matters for i-arrying this Act into execution as such principal Secretary of State shall from time to time direct. [Rep. {as to j)olice courts) 34 k 35 Vict. c. 35,* s. 5.] 17. ... It shall be lawful for all bodies corporate, and also for corporations all commissioners, vestrymen, or trustees for public purposes, and and others for tenants for life or in tail, and for the husbands, guardians, trus- ^^^ii j^nd tees, committees, or attornies of such of the proprietors or persons to the interested in any lands or buildings ro([uired for the i)urposes of this receivi Act as shall by reason of any legal disability or of absence beyond the seas be incapable of acting for themselves, to contract and agree with the receiver for the time being, either for the absolute sale of such lands or buildings, or for a lease thereof for such period as the receiver shall require, and to convey, demise, or grant the same to the receiver in trust for the purposes of this Act : and all such contracts, sales, conveyances, leases, and grants shall be valid and * Rep. GO & 61 Vict. c. 26, s. 9. vex. 86 [Chap. 44.] The Metropolitan Police Act 1829. [10 Geo. 4.] In case oE effectual ill ]aw to all intents and purposes ; and in case any body *\^^^irvau*' corporate, commissioners, vestrymen, trustees, or other persons shall be hereby authorized to contract on behalf of themselves or others as assessed aforesaid, shall neglect or refuse to aojree with, or bv reason of by a .luiy. disability or absence shall be prevented from agreeing with, the receiver, for the sale or lease of any land or buildings required by him, or in case the proprietors or persons interested therein cannot be found or known, or shall not produce and evince a clear title to the land or buildings so to be purchased or rented, or to the interest thev shall claim therein, to the satisfaction of the receiver, in everv such case all the provisions contained in an Act passed in the fifth year of His present Majesty's reign, intituled An Act for more effectually paving, lighting, watching, cleansing, and regulating the Regent's Park, together with the new street from the Regent's Park to Pall Mall, and the new streets and improvement in the neighbour- hood of Parliament Street and Privy Gardens, and for maintaining a convenient sewage for the same, with regard to the valuation of estates and interests by a jury, the conclusive effect of the verdict of the jury, and all matters preparatory to, concomitant with, and consequent or contingent upon the valuation by a jury, shall, so far as the same are or can be applii-able, be applied and extended to the valuation of any land or buildings required for the purposes of this Act, in as full and ample a manner to all intents and purposes as if those provisions had been repeated and expressly re-enacted in this Act ; and all such matters as by those provisions of the said x\ct are authorized or required to be done by the Sheriff" of Middlesex and by a jury of Middlesex, or by the High Bailiff' of "Westminster or his deputy and by a jury of Westminster, shall under this Act be done by the Sheriff and a jury of Middlesex, if the premises to be valued are situate in Middlesex, and by the High Bailiff or his deputy and a jury of Westminster, if the premises are situate in "Westminster ; and all such matters as by those provisions of the said Act are authorized or required to be done by the Sheriff' and a jury of the county of Middlesex, shall, if the premises to be valued are situate in any other county, be done under this Act by the sheriff' of such other county and by a jury qualified to try causes at jS'isi Prius in such other county ; and all such matters as by those provisions of the said Act are authorized or required to be done by the commissioners therein mentioned shall, uncler this Act, be done by the receiver for the time being. \_Avien(led 4U & 50 Vict. c. 22.] Ko Justice, 18. . . . No Justice of the Peace or receiver appointed by virtue etc. under of this Act shall, during the continuance of such apjjointment, be inPariiamenf capable of being elected or of sitting as a member of the House . ' of Commons ; and no Justice, receiver, or person belonging to the receiver^^^' P^^lice force appointed by virtue of this Act . . . shall, by word, police man, message, writing, or in any other manner, endeavour to persuade etc. appointed any elector to give, or dissuade any elector from giving, his vote ^t^to^TOte ^^^ ^^^ choice of any person to be a member to serve in Parliament at certain for any such county, city, or borough ; and if any such Justice, elections. receiver, or person belonging to the police force shall ofiend therein, T>or,„n^.. ^cu■M l*e shall forfeit the sum of one hundred pounds, to be recovered, bv any person who will sue tor the same, by action oi debt, to be commenced within six calendar months after the commission of the offence ; and one moiety of the sum so recovered shall be paid to the informer, and the other moiety thereof to the receiver appointed under this Act, to be by him added to and applied as part of the [H) Geo. 4.] The Metropolitan Police Art 1820. [Chap. 44.] 87 funds for the purposes of the police nuder this Act : Provided Proviso, always, tliat notliiiiu;- in this onactracnt c Vict, c. 2, S.2', and 31 & 32 Vict. c. 67, s. 2.] 24. . • . Where any })ersons other than the overseers of the poor who to be shall, by virtue of any office or appointment, be authorized and deemed over- required to make and collect or cause to be collected the rate for thir^ct^*^'" the relief of the poor in any ])arish, township, precinct, or place within the metropolitan police district, such persons, by whatsoever title they may be called, shall be deemed to be overseers of the j>oor within the meaning of this Act, and to be included under and denoted by the words " Overseers of the Poor." f >r all the ]>urposes of this Act, as fullv as if thev were commonly called or known b\" the title of Overseers of the Poor. 88 [Chap. 44.] The MtfropoUfan Police Act 1829. [10 Geo. 4.] Overseers shall collect the police rate in the same manner as the poor rate. Overseers, on nonpayment of the police rate, shall be distrained upon ; and in default of sutficient distress, the arrears may be re-levied on the parish. In case of default, etc. occasional overseers may be appointed for levying the police rale. m property occupied by ambassadors, the landlord shall pay the police rate. Right of inspecting county rates, etc. 25. . . . The overseers of the })oor of every parish, township, jirecinct, or place within the metropolitan police district, to whom any such warrant as aforesaid shall be issued, shall pay the amount mentioned in the warrant out of any money in their hands collected for the relief of the ])Oor ; and if there be no such money in their hands, or an insufficient sum, they shall levy the amount required as a part of the rate for tlie relief of the poor, and shall for that ])urpose proceed in the same manner, and have the same })owers, remedies, and privileges as for levying money for the relief of the ]ioor. . . . \_Pa)-f omitted {as to receipt of receiver being a sufficient discharge^ rep. 24 & 25 Vict. c. 124, s. 7.] 26. ... In case the amount ordered by such warrant as afore- said to be paid by the overseers in any parish, township, precinct, or place in the metropolitan police district, shall not be paid to the receiver within the time specified for that purpose in the warrant, the Justices api)ointed under this Act, upon complaint thereof made to them by the receiver, may issue their 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 overseers shall not be 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, townshi]), precinct, or place for the purposes of the police under this Act, and shall be collected by the like methods ; and the said .Justices, in case of any default or neglect of any overseer or over- seers, or in any other case in which one of His Majesty's principal Secretaries of State shall so direct, may appoint two or more persons to act as overseers of the poor within any parish, township, precinct^ or place in the metropolitan police district, for levying the money for the purposes of the ])olice under this Act ; and the persons so aj)pointed shall proceed in the same manner, and shall have the same powers, remedies, and privileges, and shall be subject to the same regulations and penalties, with reference to the levying of such money, as if they had been appointed overseers of the poor by virtue of any law or laws now in force. 27. . . . Where any messuages, lands, tenements, or heredita- ments within the metropolitan police district shall be occupied by any ambassador, agent, or other public minister of any foreign prince or state, or by the servant of any such ambassador, agent, or minister, or by any other person not liable by law to the payment of the poor's rate, all such money as would by virtue of this Act have been payable for the purposes of the police by the occupier of such messuages, lands, tenements, or hereditaments, if such occupier had been rateable to the relief of the poor, shall in such case be paid by and recoverable fi'om the landlord or owner thereof, who shall for this purpose be deemed the occupier thereof, and shall be liable to all such proceedings for nonpayment of such money as any person is by law liable to for nonpayment of poor rate. 28. . . . Any Justice appointed under this Act, or any person having an order for that purpose under the hand of any such .Justice, may inspect any county rate made or to be made for any county^ any part of which shall be situate within the metropolitan police district, and may also inspect any returns concerning all or any of the parishes, townships, precincts, and places, whether parochial or extra-parochial in the said district, delivered or to be delivered in pursuance of any of the Acts relating to county rates, and may take [10 Geo. 4.] TJu' Metropolitan Police Act 1820. [Chap. 44.] 89 copies or extracts from any such rates or returns without payment of any fee or reward ; and if any jjerson iiaving the custody of any such rate or return sliall wilfully neglect or refase to permit any such .Justice or other person to inspect the same, or to take copies or extracts from tlie same, within two days after such order shall have been jirodnced and shewn to him, or a copy thereof left at his usual place of abode, he shall, on conviction thereof Ijefore any two Justices oi" the Peace, foi-feit and jiay for every such offence such sum, not exceeding ten pounds, as they shall think meet. 29. . . . An account of all monies received and expended for the Accounts to I)urf)oses of this Act, . . . shall annually be laid before both Houses J.^rUaLent'''^ of Parliament, . . . and such a(;count shall specify the total sum annually, charged upon and received from every parish, township, precinct, and ]tlace for the ])urposes of this Act, the rate in the })Ound at which such sum sliall have been computed, and the total annual value of the entire propeity in every such pai'ish, township, precinct, and place, as such total annual value shall be stated in the last valuation for the time being acted u])on in assessing the county rate ; and such account shall also s])ecify the different heads of expenditure for the pur])oses of the ])olice, and the amount actually ex})end('d under each. \_Parts oinittid (as to dates of making up and presentinij accounts) rejf. 30 k 37 \'ict. c. 91 (S.L.I{.).~\ 30. . . . The respective inhabitants and occupiers of all mes- Provision for suages, lands, tenements, and hereditaments in any precinct or ])lace, a-'^^essing and whether ])arochial or extra-})arochial, in the metrojjolitan ])olice i^tri'ifthose^ district, although such messuages, lands, tenements, and heredita- places within ments may not be rated to the relief of the poor, oi- may be deemed |.''^^ metropo- not to be rateable thereto, shall nevertheless be liable to contribute ^s-here there to the expences of the police under this Act, as if the pro])erty so is no poor inhabited or occujiied were rateable and rated to the relief of the '■^'^®- jtoor ; and the Justices appointed under this Act may from time to time, by warrant under their hands, appoint a proper person to be an assessor, for the pur])ose of assessing the full and fair annual value of such })roperty, and rating the same to a jtolice rate to be levied under this Act : Provided always, that the sum to be levied as a j)olice rate shall not exceed in the whole in any one year the rate of eightpence in the pound on the full and fair annual value of such proj)erty ; and such assessor shall, within forty days after the Mode of delivery to him of the warrant of his a]»])ointment, make, sign, and making the return to the said Justices an assessment for the ])recinct or place named in such warrant ; and the assessment shall be fiiirlv written in a book, and shall specify, in different columns, the names of the respective inhabitants or occupiers of all messuages, lands, tene- ments, and hereditaments, the full and fair annual value of the same, and the amount of police rate charged on the inhabitants or occupiers thereof, and, when the i)remises shall be unociuj)ied, the full and fair annual value thereof to let ; and every such assessor Allowance to shall be allowed for his tr()ul)le and expences such remuneration as a.-^3essor.s. one of His Majesty's })rincipal Secretaries of State shall direct, and the same shall be i)aid out of the amount of the police rate which shall be collected after such assessment. [^Rep. insomuch as relates to the ascertainiixj the ralxe of am/ hereditaments with respect to the calue of which the caluation list is made conclusice so far as it relates to the metropolis b;i 32 & 33 Vict. c. 67, s. 77. Part omitted {recital) rep. .53 & 54 Vict. c. .51 (^.L.P.). Amended 2 A: 3 Vict, c. 71, s. 4, and 19 vie 2ii Vict. c. 2, s. 2.] 90 [Chap. 44.] The Metropolitan Police Act 182r^. [10 Geo. 4.J AMien assess- ment is made, notice thereof shall be given, and all per- sons included in the assess- ment shall have liberty to inspect it, etc. Penalty for refusing such inspection. Collection of the police rate charged in such assessment. Appeal against assessment. 31. . . . When such assessment shall have been allowed by the Justices appointed under this Act, 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 precinct or place to which such assess- ment shall relate, upon the Sunday next or next but one after the same shall have been so allowed ; and any person in whose custody such assessment may be shall permit every inhabitant 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 shall wilfully neglect or refuse to permit any such inhabitant 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 and pay for every such offence such sum, not exceeding five pounds, as the Justices shall think meet. 32. . . . The .Justices appointed under this Act shall from time to time nominate one or more person or persons for levying the amount of police rate charged in every such assessment, who shall proceed in the same manner, and shall have the same powers, remedies, and privileges, and shall be subject to the same regula- tions and penalties, with reference to the levying of such police rate, as if he or they were an overseer or overseers of the poor in a precinct or place rated to the relief of the poor, and shall pay over the amount of such police rate to the receiver to be appointed under this Act, or in default thereof shall be proceeded against in the same manner as overseers are by this Act to be proceeded against for nonpayment. \_Ame'n(hd 32 & 33 Vict, c, 67, s. 77.] 33. Provided always, . . . that if any person, who shall have paid the amount of police rate charged upon him by the assessment made by an assessor appointed under this Act, shall think himself aggrieved by such assessment, on the ground that such assessment includes any property for which he is not rateable under this Act, or that it assesses his rateable projjerty beyond its full and fair annual value, or that any person or persons is or are omitted out of such assessment, or that the property of any person or persons is assessed below its full and fair annual value, the person so aggrieved may appeal to the next Court of General or Quarter Sessions which shall be holden for the county in which the cause of appeal shall have arisen, not less than twenty-one days after public notice of such assessment shall have been given as herein- before mentioned ; provided that the j^erson so intending to appeal shall give to the receiver to be appointed under this Act a notice in writing of such a])peal, 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 countv, with two sufficient sureties, conditioned to try such appeal at the said Sessions, and to abide the order of the Court thereu])on, and to pay such costs as shall be by the Court awarded ; and in case such person shall appeal on the ground that any person or persons is or are omitted out of the assessment, or that the property of any person or persons is assessed below its full and fair annual value, the party so ap})ealing shall not only give such notice of appeal to the receiver, and enter into such recognizance as aforesaid, but shall also give a like notice of appeal to the person or persons so interested in the event of [K) Geo. 4.] The Metropohfnn Police Act 1?529. [Chai-. 44.] 91 sncli a[»|)eal as aforesaid, and shall enter into a like reco and duties of such assessors, as well as all other matters whatsoever previous to, concomitant with, or consequent or contingent upon such assessment, shall apply and be enforced in every parish, town- 92 [Chap. 44.] The Metropolitan Police Act 1829. [10 Geo. 4.] sbi|). precinct, and i)lace which shall by Order in Council be added to the metropolitan police district, as fully and effectually as if such parish, township, precinct, or place had been originally included in such district by virtue of this Act. \_Part omitted {recital) rep. 53 iV 54 Vict. c. 51 {S.L.R.). Amended 2 & 3 Vict. c. 47, s. 2.] ^^^^^^'^ff ^ 35. . . . ]!so misnomer or inaccurate description of any parish, the execution township, precinct, or place mentioned in the schedule to this Act, of the Act. or in any Order in Council to be made as aforesaid, shall prevent or in anvwise affect the execution of this Act, but . . . this Act and every jiart thereof shall a])ply and be enforced in every such parish, township, precinct, and place, as fully and effectually to all intents and purposes as if the same had been correctly named and described in such schedule or Order in Council, ])ro\aded that this same be designated therein to common intent and understanding ; and united parishes shall for all the pur})0ses of this Act be deemed to be included under and denoted by the word " parish.*' 36. {Summons^ etc. for offences 'punishable on summary convic- tion. Rep. 3(5 & 37 Vict. c. 91 (>S'.L.i?.).] '^^''enakS 37. . . . Every sum which by any Justices of the Peace shall be pena le^. .^(|jy(]g.g(| ^q j^g p.^j^j ^^^ ^.^y offence against this Act shall be paid to the receiver appointed under this Act, to be by him added to and applied as part of the funds for the purposes of the police under this Act ; . . . and no Justice of the Peace shall be disabled from acting in the execution of this Act by reason of his being liable to the payment of any money for the maintenance of the police under this Act. \Part omitted ({persons pa;/ing police rate ma)/ give evidence or act as Justices) re}). 36 & 37 Vict. c. 91 (S.L.-R.). See also 2 & 3 Vict. c. 47, s. 77.] 38 — 39. l^Scale of imprisonment and. form of conviction. Pep. 30 eV 37 Vict.c. 91 {SL.R.).'] 40. [Informality in warrants^ etc. Rep. 51 e\: 52 Vict. c. 57 (&Z.is!.).] . 41 — 43. [Limitation of pjroceedings and actions. Rep. 36 & 37 Vict. c. 91 {8.L.R.).'] 44. [Act to be judicially noticed. Rep. 51 k, 52 Vict. c. 57 {S.L.R.).'] SCHEDULE to which this Act refers. A LIST of the Parishes, Townships, Peecincts, and Places referred to by the Act as constituting '' The Metropolitan Police District." COUNTY OF MIDDLESEX. ('ity and Liberties of Westminster. The parishes of Saint Margaret and Saint John the Evangelist. The parish of Saint Martin in the Fields. The parish of Saint George, Hanover Square. The parish of Saint .James. The parish of Saint Mary le Strand, as well within the liberty of Westminster as within the Duchy liberty. The parish of Saint Clement Danes, as well within the liberty ot Westminster as within the Duchy liberty. The parish of Saint Paul, Covent Garden. The parish of Saint Ann in the liberty of Westminster. Whitehall Gardens, whether the same be parochial or extra-parochial. [KjGeo. 4.] The Metropolitan Police Act WZ^.). [Chai-. 44.J lj3 Wliitehiill, wliether the same be ])aro(hial or extra-i»arochia!. ]{ichmoii(l Ten-ace, wlu'tlici- the same be j)arn(hial or extra-paroehial. The close of the Collegiate ( 'hun-h of Saint Teter. llolhoni I >ii-l!iioti. The parishes of Saint Giles in the Fields and Saint George, Bloomsbary. The })!irishes of Siiint Andrew, Holborn, and Saint George the Martyr. The liberty of Saffron Hill, llatton Garden, and Elv Kents. The liberty of the Rolls. The ])arish of Saint I'aneras. The parish of Saint John, Hatupstead. The parish of Saint Mary-le-bone. The parish of Paddington. The preeinet of the Savoy. Finabarij L)i anion . The parish of Saint Lnke. The liberty of Glasshouse Yard. The parish of Saint Sepulchre. The parish of Saint James, Glerkenwell, including both districts of Saint James and Saint John. The parish of Saint Mary, Islington. The ])arish of Saint Mary, Stoke Newington. The Charter House. To/rer Division. The parish of Saint Mary, Whitechaj)el. The parish of Ohristchurch. The parish of Saint Leonard, Shoreditch. The liberty of Norton Folo-ate. The parish of Saint John, Hackney. The parish of Saint Matthew, Bethnal Green. The hamlet of Mile End Old Town. The hamlet of Mile End New Town. The parish of Saint Mary, Stratford l^ow. The parisli of Bromley Saint Leonard. The parish of All Saints, Poplar, The parish of Saint Ann, Limehouse. The hamlet of Ratcliffe. The i)arish of Saint Paul, Shadwell. The parish of Saint George in the East. The parish of Saint John, Wapping. The liberty of East Smitliheld. The precinct of Saint Catherine. The liberty of His Majesty's Tower of London, consisting of The liberty of the Old Artillery Ground. The parish of Trinity, Minories. The Old Tower precinct. The precinct of the Tower within. The precinct of Wellclose. Kensington Division. The parish of Kensington. The parish of Saint I^uke, Chelsea. The parish of Fulliam. The hamlet of Hammersmith. The parish of Chiswick. The parish of Ealing. The parish of Acton. 94 [CHAr. 22.] The London Hackney Carnage Act 1831. [1 dt 2 Will. 4.] Brentford Division. The township of New Brentford. Extra-parochial Places. Lincoln's Inn. Gray's Inn. Staple's Inn. That part of Fnrnival's Inn in the county of Middlesex. Ely Place. KENT. The parish of Saint Paul, Deptford. The i)arish of Saint Nicholas, Deptford. The parish of Greenwich. SURREY. The parish of Barnes. The parish of Battersea. The hamlet of Penge. The parish of Bermondsey. The ])arish of (Jamberwell. The parish of Clapham. The parish of Lambeth. The parish of Newiugton. The parish of Putney. The parish of Rotherhithe. The parish of Streatham. The parish of Tooting. The parish of Wandsworth. The parish of Christchurch. ( 'link liberty. The hamlet of Hatcham in the parish of Deptford. BOROUGH OF SOUTHWARK. The parish of Saint George. The parish of Saint Saviour. The parish of Saint John. The parish of Saint Olave, The parish of Saint Thomas. [^6- to counties of Middlesex, Kent and Surrey, see 51 & 52 Vict. c. 41, s. 40.] Definition of a hackney carriage. 1 & 2 WILL. IV. A.D. 1831. CHAPTER 22. An Act to amend the Laws relating to Hackney Caeriages, AND TO Waggons, Carts, and Drays, used in the Metro- polis ; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps. [22f/ September 1831.] [Preamble.'] 1. [Hejjeal of' various provisions. Rep. 37 & 38 Vict. c. 35 {S.L.R.y] 2 — 3. \_Fixing duties for hackney carriage licences. Rep. by the Revenue Act 1869, s, 39.] 4. . . . Every carriage with two or more wheels which shall be used for the purpose of standing or plying for hire in any public street or road at any place within the distance of five miles from the General [1 & 2 Will. 4.] 'J7ic Loudon Jlackiicij Carruiyt: Act 1?>31. [Chap. 22.] 95 Post Office in the city of London, whatever may be the form or constrnction of sncli carriage, or the number of persons which the same shall be calcnlateil to convey, or the nnmlier of hors(;s by wliich the same shall In- drawn, shall he deemed and taken to be a hackney carriage within the meaning of this Act ; and in all pro- ceedings at law or otherwise, and upon all occasions whatsoever, it shall be sufficient to describe any such carriage as aforesaid by the term " hackney carriage," without further or otherwise tlescrilMiig the same : Provided always, that nothing in this Act contained shall extend to any stage coach used for the purpose of standing or ])lying for passengers to be carried for hire at separate fares, and being duly licensed by the Commissioners of IStamps* Ibr that purj)ose, and having thereon the proper numbered })lates re(piired by law to be placed on such stage coaches. \_Si'e aiw 32 & 33 I let. r. 115, .s. 4.] 5 — 17. \^l>>'t.ies, lirrnres, and rcf/i.^^trafion. Rep. hy t/ and with all ])enalties which may be im])osed u])on or incurred by such person under this Act, and also to and with the costs and expences of all proceedings which shall or may be had or taken for the recovery of any such duties and penalties respectively ; and all such carriages, horses, harness, and other articles and things may be distrained or otherwise seized or taken to satisfy such duties, penalties, costs, and exigences, or any part thereof respectively, in or into whose custody or possession soever such carriages, horses, harness, and other articles shall or may be or come, and by or under what right or title soever the same shall or may be held or claimed : and in case any person in or into whose custody or possession any such carriages, horses, harness, or other articles shall be or come bv or under anv 7 7 V * means or title whatsoever, shall convert the same to his owu use, or sliall sell or dispose thereof for the use or benefit of any other })erson, after notice given by the < 'ommissioners of tStamps, or their solicitor, or by any other officer of stamp duties, that such carriages, horses, harness, or other articles are subject and liable to or charge- able with any of the duties, penalties, costs, and expences aforesaid, every j)erson so converting or selling or disi)0siug ot" sui-h carriages, horses, harness, or other articles shall be accountable to His Majesty to the extent of the value of such carriages, horses, harness, or other articles, for the duties, penalties, costs, and expences to or with which such carriages, horses, liarness, or other articles shall be snbjei't, liable, or chargeable, and the same may be sued for and recovered under and by virtue of this Act as a tlebt due to His ^Majesty accordingly. 19—25. \ Duties, plates, licences, etc. Rep. l»i the Revenue Act 18(i0, .s. 31).] 26. [Froprietors of hackney carriages to appear and produce drivers. Rep. 37 k 38 I7r^ c. 35 {S.L.R).'] * Now the Commissioner of tlio Metropolitan Police, by an order of the Home Secretat-y (dated isth August IStt?), made under 32 & 33 Vict. c. llo, s. G. 96 [Chap. 22.] The London Hackney Carnage Act. 1831. [1 & 2 Will. 4.] Penalties if not paid by drivers to be levied on proprietors ; who shall be entitled to recover from the drivers. 27. . . . All j)ecnniary penalties and costs incurred by reason of any oft'ence committed bv the driver of any hacknev carriao-e against the provisions of this Act shall, unless such driver shall pay the same, be levied by distress and sale of the o^oods of the proprietor of such hackney carriage, and for want of sufficient distress such proprietor shall be committed to the common gaol or house of correction. . . . \Part omitted {as to period of imprisoronent) rep. by the Summary Jurisdiction Act 1(S84, s. 4.] 28. Provided always, . . . that every such proprietor who shall pay any penalty or costs incurred by reason of any such ofl'ence as afore- said committed by such driver shall be entitled to recover the same from such driver in a summary manner : and upon complaint made in the premises before any .Justice of the Peace by the said l»roprietor against the said driver, such Justice shall inquire into the same, and shall cause the sum which shall appear to have been so paid as aforesaid by the said proprietor to be levied by distress and sale of the goods of the said driver ; and for want of sufficient distress, such .Justice shall commit the said driver to the common gaol or house of correction, there to remain for any time not exceeding two calendar months, unless the said sum shall be sooner paid : and every such im])risonmeut shall be with or without hard labour, as such .Justice shall direct : Provided always, that if the said driver shall have been previously convicted of the offence for which the said penalty or costs shall be so as aforesaid paid by the said proprietor, then such proceedings shall be had and taken against the said driver upon such conviction for recovery of the penalty and costs in which he shall have been convicted as might have been had and taken thereon in case the said penalty or costs had not been paid by the said proprietor, and upon recovery thereof the sum so paid by such proprietor shall be repaid to him. 29. \_J'istices to determine disputes betiveen proprietors and their drivers. Hep. 37 ck: 38 Vict. c. 3.5 (-S'.Z.i?.).] 30 — 33. \Wa.termeris licences^ etc. Rep. b'/ the Revenue Act \^m, s. 39.] 34. \_Distance dricers of hackney carriaqes shall be compellable to drive. Rep. 37 & 38 Vict. c. 35 {S.L.R.)?^ 35. . . . Everv hacknev carriage which shall be found standing: in any street or place, and having thereon any of the numbered plates required by this Act to be fixed on hackney carriages, shall, unless Hacknev carriages standing in be'deemed to actually hired, be deemed to be plying for hire, although such be plying for hire, and the driver thereof refusing to go with any person liable to a penalty of 40*. hacknev carriage Compensation to be made to drivers impro- perly sum- moned for refusing to cany an}" person. shall not be on any standing or place usually appropriated for the purpose of hackney carriages standing or plving for hire; and the driver of everv such hacknev carriage which shall not be actually hired shall be obliged and compellable to go with any person desirous of hiring such hackney carriage ; and upon the hearing of any romplaint against the driver of any such hackney carriage for any such refusal, such driver shall be obliged to adduce evidence of havinsr been and of being actuallv hired at the time of such refusal, and in case such driver shall fail to produce sufficient evidence of ha\ang been and of being so hired as aforesaid, he shall forfeit forty shillings. 36. Provided alwavs, . . . that if the driver of anv hacknev carriage shall in civil and explicit terms declare to any person desirous to hire such hackney carriage that it is actually hired, and shall afterwards, notwithstanding such reply, be summoned to answer for his refusal to carry such person in his said hackney [1 & 2 Will. 4.] I'hr London llachne;j Carriage Aff 1831. [Chap. 22.] 97 ■carriage, and shall ii])Oii the hearing' of the complaint produce sufficient evidence to prove that such hackney carriage was at the time actually and bona fide hired, and it shall not appear that he used uncivil langna'j'e, or that he inijiroperly conducted himself t(^wurds tlie })arty by whoni he shall l»e so summoned, the Justice before whom such complaint shall be heard shall order the person who shall have summoned such driver to make to him such com- pensation for his loss ol" time in attending to make his defence to such complaint as such Justice shall deem reasonable, and in default of jtayment thereof to commit such ])erson to prison for anytime not exceeding one calendar month, unless the same shall be sooner paid. 37. ... It shall be lawful for the proprietor or driver of any Drivers may hacknev carriajj^e which shall be licensed under the aufhoritv of this ply an.l shall Act to stand and })ly for hire with such carriage and to drive the peiiable to ■same on the Lord's dav, anv former Act or Acts to the contrarv drive on notwithstanding : and that such proprietor or driver who shall so Sundays, stand or ply for hire as aforesaid shall be liable and compellable to do the like work on the Lord's Day as such j)roprietor or driver ds by this Act liable or compellable to do on any other day of the week. 38 — 40. \Jiatea and fares and metropolis dejined. AV/y. 37 Is. 38 Vict. c. 35 (&/../.'.).] 41. ... If any person shall refuse or omit to pay the driver of Persons re- anv hacknev carriacje the sum iustlv due to him for the hire of ^"^^"^.^'^ P^y such hackney carriage, or if any person shall deface or in any fare, or for manner injure any such hackney carriage, it shall be lawful for any any damage, Justice of the Peace, upon complaint tliereof made to him, to grant maybecom- a summons, or if it shall appear to him necessary a warrant, for prison, bringing before him or any other Justice such defaulter or defender, and, upon proof of the facts made upon oath before any such Justice, to award reasonable satisfaction to the })arty so com})laining for liis fare or for his damages and costs, and also a reasonable compensa- tion for his loss of time in attending to make and establish sucli •complaint ; and upon the refusal of such defaulter or otfender to pay or make such satisfaction, it shall be lawful for such .Justice to •commit him to prison, there to remain for any time not exceeding one calendar month, unless the amount of such satisfaction shall Ije sooner paid ; and it shall also be lawful for such Justice, if he shall think tit, to order such defaulter or offender to be kept to hard labour during such imprisonment. 42. \_Pt'nalt;/ on drivers refusing to go or exacting more than the legal fare. Bep. 37 ».\: 38 Vfct. c. 3.5 (6'.' />./?.).] 43. . . . No agreement whatever made with tlie driver of any Agreement to hackney carriage for the payment of more than his proper fare, as W' ^ox% the same is allowed and limited by this Act, shall be binding on fare^noTto^ the person making the same, but any such person may, notwith- be binding, standing any such agreement, refuse, on discharging such hackney carriage, the payment of any sum beyond the pro]>er fare as allowed and limited as aforesaid ; and in case any person shall actually j)ay sum paid to the driver of any hackney carriage, whether in pursuance of any beyond the such agreement or not, any sum exceeding his said proper fare, ^'^^^i^ ^e-^ which shall have been demanded or required by suih driver, the covered back, person paying the same shall be entitled, on complaint made against such driver before any Justice of the Peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall 98 [Chap. 22.] The London Hackney Carnage Act 1831. [1 & 2 Will. 4.] Penalty 405. forfeit, as a penalty for such exaction, the sum of forty shillings ; and in default of the repayment by sucli driver of such excess of fare, or of payment of the said penalty, such Justice shall forthwith commit such driver to prison, there to remain for any time not ex- ceeding one calendar month, unless the said excess of fare and the said penalty shall be sooner paid. Driver not 44^ ... It shall be lawful for any person to re(|uire the driver of moretlmn the ^^7 hackney carriage to drive such hackney carriage, for a stated s\im agreed sum of money, a distance in the discretion of such driver, and in for, although c^se such driver shall exceed the distance to which such person was beVxceeded. entitled to be driven for such stated sum of money, such driver shall not exact or demand more than the sum for which he was so Penalty -io**. engaged to drive, upon pain to forfeit forty shillings for such offence. Penalty for 45. . . , If the proprietor or driver of any hackuey Carriage, or if *^^™^th^°^ti ^^^«' other person on his behalf and with his knowledge and consent, sum agreed shall agree beforehand with any person hiring such hackney carriage for, though to take for any job any sum less than the proper rate of fare allowed less than the |^y ^j^jg ^^^^ ^wch. proprietor or driver shall not exact or demand for *" his fare more than the sum agreed for, upon pain to forfeit forty shillings for such offence. 46. \_2s umber oj' persotis to be carried to be painted on carriage. Rep. 37 & 38 Vict. c. 35 {S.L.R.).'] Deposit to 47. . . . Where any hackney carriage shall be hired and taken to be made for ^^^ place of public resort, or elsewhere, and the driver thereof shall waiting. loe required there to wait with such hackney carriage, it shall be lawfnl for such driver to demand and receive from the person so hiring and requiring him to wait as aforesaid a reasonable sum as a deposit, over and above the fare to which such driver shall be entitled for driving thither, which sum so demanded and received shall be accounted for by such driver when such hackney carriage Penalty on shall be finally discharged ; and if any such driver who shall have the driver received any such deposit as aforesaid sball refuse to wait with refusing to ■<,\xq\i hackuey carriage at the place where he shall be so required to- account for wait, or if such driver shall go away or shall permit such hackney the deposit, carnage to be driven or taken away, without the consent of the '*^*" person making such deposit, before the expiration of the time for which the sum so deposited shall be a sufficient comjiensation, . . . or if such driver on the final discharge of such hackney carriage shall refuse duly to account for such deposit, every such driver so- offending shall forfeit forty shillings. \_Part omitted (as to rates a?id/ares) rep. 37 & 38 Vict. c. 35 (S.L.E.).'] Proprietors 48. . . . The proprietor of every hackney carriage shall provide *^P^^^J^¥ and place in such hackney carriage a proper check string or wire, drivers to ' ^-ud shall renew the same from time to time so often as occasion hold .same in shall require ; and the driver of every such hackney carriage shall, their hands, dnring the time of his driving any person in such hackney carriage, hold such check string or wire in his hand, so that the same may be used for the accommodation of snch person ; and if the ])roprietor of any snch hackney carriage shall neglect to provide and place in such hackney carriage such check string or wire as aforesaid, or shall neglect to renew the same when and so often as shall be requisite, or if the driver of any such hackney carriage shall neglect or refuse to hold such check string or wire in his hand during the time aforesaid, every such proprietor and every such driver so- Penalty 20s. offending respectively shall forfeit twenty shillings. [1 tt2 Will. 4.] Tlw London Jfacknrf/ Carriage Art 1831. [Chaj-. 22.] 99 49. \_]'r()jjcrti/ left in carriages. Rep. hg the Jietenue Act 18(59, s. :i9.] 50. . . . If the pro])rietoi' or driver of any hackney carriaj^e which Penalty for shall be hired shall rierniit or suffer ;mv )ierson to ride or be carried pt-rmiiting \ 4. Ill • -.1 .. ii ixjrsons to in, upon, or about sucli Jiackney carria./A).] 52 — 54. \Standings for carriages. Rep. 51 & 52 V^ict. c. 57 {S.L.R.)^^ 55. . . . That if the driver of any hackney carriage shall leave Penalty for such hackney carriage unattended in any street or road, or at any leaving place of public resort or enterraiiiment, whether such carriage ^^hall ^^^atT^ded be hired or not, it shall be lawful for any officer of police, constable, at places of or other peace officer, watchman, or patrole, to drive away such Public resort, hackney carriage, and to dej)0sit the same, with the horse or horses " ** belonging or harnessed thereto, at some neighbouring livery stables or other jilace of safe custody ; and such driver shall forfeit twenty shillings for such offence ; and in deftiult of payment of the said penalty upon conviction, and of the expences of taking and keejaug the said hackney carriage and horse or horses, the same, together with tlie harness belonging thereto, or any of them, shall bo sold by order of the Justice before whom such conviction shall be made, and after deducting from the produce of such sale the amount of the said penalty and of all costs and ex})ences as well of the pro- ceedings before such .Justice as of the taking, kee})ing, and sale of the said hackney carriage, and of the said horse or horses and harness, the surplus (if any) of the said produce shall be })aid to the proprietor of such hackney carriage. 56. ... If the proprietor or driver of any hackney carriage, Proprietors, or any other person haviuir the care thereof, shall liv intoxication, ^^"vers, or \ i. 1 i? • ' 1 ■ ■ 1 .1 ■ ic I ■ watermen or by wanton and turious driving, or l)y any other wiltul mis- misbehavmg. conduct, injure or endanger any person in his life, limbs, or property, or if any su(^h proprietor or driver . . . shall make use of any abusive or insulting lany:uay:e, or be jrailtv of other rude behaviour, lOG [Chap. 22.] The London Hackney Carriage Act 1831. [1 & 2 Will. 4] Penalty, 5?. Licence may be revoked. Justices em- powered to award com- pensation to drivers for their loss of time in attending to answer com- plaints which shall not be substantiated against them. Names and places of abode of owners of waggons, carts, etc. to be painted thereon. Penalty for nsing wag- gons, etc. to or towards any person whatever, or shall assault or obstruct any officer of stamp duties, or any officer of police, constable, or other peace officer, watchman, or patrole, in the execution of his duty, every such projirietor, driver, ... or other person so offend- ing in any of the several cases aforesaid, shall forfeit five pounds, and in default of payment thereof he shall be committed to the common gaol or house of correction ; . . . and after the conviction of any such proprietor, . . . for any such offence as aforesaid, it shall be lawful for the Commissioners of Stamps, if they shall think fit, to revoke the licence of any such proprietor, . . . and to refuse to grant him any further licence in future. \_Parts omitted (as to watermen amd assistants to drivers) rep. bi/ the Summary Jurisdiction Act 1884, s. 4, and 51 & 52 Vict. c. 57 {S.L.R.)?^ bl. ... If any driver of a hackney carriage . . . shall be sum- moned or brought before any Justice of the Peace to answer any complaint or information touching or concerning any offence com- mitted or alleged to have been committed bv such driver . . . against the provisions of this Act, and such complaint or information shall afterwards be withdrawn or quashed or dismissed, or if the defendant shall be acquitted of the offence charged against him, it shall be lawful for the said Justice, if he shall think fit, to order and award that the complainant or informant shall pay to the said driver . . . such compensation for his loss of time in attending the said Justice touching or concerning such complaint or information as to the said Justice shall seem reasonable ; and in default of payment of such compensation, it shall be lawful for the said Justice to commit such complainant or informant to prison for any time not exceeding one calendar month, unless the same shall be sooner paid. [^Parts omitted (as to watermen and assistants to dricers) rep. 51 & 52 Tirt. c. 57 (>S'.Z./i'.).] 58. \_Commissioners to give notice of revocation of licences. Rep. hj the Rerentie Act 1860,'.$. 3lJ.] 59. And for preventing the misbehaviour of the drivers of waggons, wains, carts, cars, drays, and other such carriages used in the metro- polis and the suburbs thereof, and for the better discovery of offenders, be it enacted, that the owner of every waggon, wain, cart, car, dray, or other such carriage which shall be driven or used in any public street or road within the distance of five miles from the General Post Office in the city of London, shall before such waggon, wain, cart, car, dray, or other such carriage shall be so driven or used as aforesaid, paint or cause t(» be painted in words at full length, and in one or more straight line or lines, upon some conspicuous place on the right or off side of such waggon, wain, cart, car, dray, or other such carriage, clear of the wheel or wheels thereof, or upon the right or off side sliaft thereof, the true Christian name and surname and place of abode of the owner or (if there be more than one) of the principal owner of such waggon, wain, cart, car, dray, or other such carriage, and the letters of all such words shall be painted in legible and conspicuous characters of black upon a white ground or of white upon a black ground, and shall be at least one inch in height, and of a proper and proportionate breadth ; and all such words shall lie repainted or renewed in like manner from time to time as often as the same or any part thereof shall become obliterated or defaced. \_Amended 6 & 7 Met. c. 86, ss. 3, 4.] 60. ... If any person shall drive or use, or cause to be driven or used, in or upon any public street or road within the distance of five [1 & 2 Will. 4.] 'The London Uacknejj Carriage Act 1831. [Chap. 22.] 101 miles from the said General Post Office, any wagf^on, wain, cart, ^v^"^ which car, drav, or other such carriaji^e upon which there shall not be dnlv ^'"ji"1'^^l , ■ 1 "• 11-11 1 • 1 /. • 1 S ''I'd plates of painted m sn{;h le<;ihle and conspicuons chai-acters as aloi'esaid, and abode are not in the manner directed by tliis Act, the true r'hristian name and P-iint'-'^. jj^- sui'name and ])hxce of abode of the owner or (il" tliere be more than one) of the ])rincipal owner of such waggon, wain, cart, car, dray, or other such carriage, every person so offending shall forfeit five pounds ; and it shall be lawful for any person to take and seize such waggon, wain, cart, car, dray, or other such carriage, and any horse drawing the same, and to lodge the same for safe custody at some ])ublic green yard, or some livery stables or other place of safety, and them to detain and keej) until some one of His Majesty's Justices of the Peace shall hear and defei'mine such offence, and until the penalty which such offender shall be liable and adjudged to pay for such offence, together with the costs of the proceedings for the recovery thereof, and the expences of taking and keeping such waggon, wain, cart, car, dray, or other carriage, and any horse drawing the same, shall l)e fully paid and discharged ; and if, on the conviction of any such offender, the said ])enalty, costs, and expences shall not be forthwith paid, such waggon, wain, cart, car, dray, or other such carriage, and the horse, so seized and taken as aforesaid, or either of them, shall be sold under an order for that purpose, under the hand of such Justice, directed to the constable or other peace officer of the parish or place where any such offence shall be committed ; and the surplus (if any) of the money arising from such sale, after deducting thereout the amount of such ])enalty, costs, and expences as aforesaid, together also with the costs and expences of such sale, shall be rendered to the owner of the waggon, wain, cart, car, dray, or other carriage or horse which shall have been so seized and sold as aforesaid. 61. \_])".tie.s and penalties, Jtoic recocerable. Rep. hj the liexenue Art 1860, ,9. 30.] 62. ... It shall be lawful for His ]Majesty's j)rincipal Secretary Before whom of State for the Home Deimrtment, bv such orders and under such o^^e^ices shall , . 1 1 1 p • • ^ ■ ^ n i • i '^^ uearcl ana regulations as he shall from time to time think nt to make in that determined. behalf, to direct any one of His Majesty's Justices of the Peace appointed or to be appointed under any Act or Acts for regulating the office of a Justice of Peace in the metropolis, to attend daily from the hour of eleven in the forenoon until the hour of three in the afternoon, at such one of the public police offices of the metro- polis, or at such other office or place as the said principal Secretary of State shall appoint in that behalf, not being within the city of London, for the ])ur])ose of hearing and determining offences against the provisions of this Act ; and it shall be lawful for any Justice of the Peace who for the time being shall be in attendance at such public police office, or other office or ])lace to be appointed for that purpose as aforesaid, to hear and determine all such offences as aforesaid in a summary manner, wheresoever the same may have been committed : Providt'd always, that it shall also be lawful for any other of His Majesty's Justices of the Peace, having jurisdiction where any such offence as aforesaid shall be committed, in like manner to hear and determine the same at any place within iiis jurisdiction. 63. . . . It shall be lawful for any such Justice as aforesaid, in Mode of all cases in which no other mode of proceeding is specially provided for^penakfes or directed by this Act, upon information or complaint made by any 102 [Chap. 22.] The London Hackney Carriage Act 1831. [1 & 2 AVill. 4.] before a Justice of the Peace. Service of Justice's summons. Justice.s may mitigate penalties. person of any offence against the })rovisions of tin's Act within thirty days next after the commission of any snch offence, to summon the party accused, and also the witnesses on either side, to appear before the said Justice, or before any other Justice of the Peace, at a time and place to be appointed for that purpose ; and either on the appearance of the party accused, or in default thereof, it shall be lawful for such Justice, or any other Justice present at the time and place appointed for such appearance, to proceed to examine into the matter of fact, and upon due proof made thereof, by voluntary con- fession of the party, or by oath of one or more credible witness or witnesses, to give judgment for the penalty or forfeiture, and on nonpayment thereof, together with the costs of such proceedings, to commit the offender to prison, where such commitment is specially directed by this Act ; and in any case where such commitment is not so specially directed, such Justice is hereby required to award and issue out of his warrant for the levying of any penalty or forfeiture so adjudged, together with the said costs and expences, and also the costs and expences of such warrant, and of levying the same on the goods of the offender, and to cause sale to be made of such goods in case they shall not be redeemed within five days, rendering to the party the overplus (if any) ; and where goods of such offender cannot be found sufficient to answer the penalty, and all such costs and expences, to commit such offender to prison, there to remain for any time not exceeding two calendar months, unless such penalty and all such costs and expences shall be sooner paid ; and every such im])risonment shall be with or without hard labour, as such Justice shall direct. . . . \_Fart omitted (a.>i to Juiitici^'s deci-vor/ to be final) rep. 51 & 52 Vict. c. 57 (S.LJL) See also tJie Summanj Jurisdiction Act 1879, s. 5.] 64. \JHoiD goods distrained shall be sold. Rep. 37 & 38 Vict, c. 35 {S.L.R).'] 65. [_Summonses, convictions, and warrants. Hep. 37 & 38 Vict. c.Zh (S.L.B.), and by the Summary Jurisdiction Act 1884, s. 4.] 66 — 67. \_Tssue of ivarrants and attendance of icitnesses. Rep. 37 & 38 Vict. c. ^6 {S.L.R.).'] 68. . . . Any summons issued by any Justice of the Peace re- quiring the appearance of any defendant or of any witness or other person, with reference to any information, complaint, or other pro- ceeding pending for the recovery of any duty or penalty under this Act, shall be deemed to be well and sufficiently served in case either the summons or a copy thereof be served personally on an}' such person as aforesaid, or be left at his usual or last place of abode, or (in case such person be a licensed proprietor of a hackney carriage, . . . ) at the place specified in any such licence as the place of abode of such proprietor , . . ; and if the place so specified cannot be found, or if such ])roi)rietor . . . shall not be known thereat, then such summons shall be deemed to be well and sufficiently served if the same or a copy thereof be fixed up in some conspicuous place in the said head office for stam])s to be a])pointed for that purpose. \_Rarts omitted (as to watermen) rep. 51 «r/ and Delirery of Coah Act l,s31. [( "hap. Ixxvi.] 103 cause 80 to do. . . . \_Pnrt omitteiJ {an to cost>i) rep. bij the Summary Jurisdiction Act 1884, a. 4.] 71. . . . All pecuniiivy penalties which shall be recoveree divided and distributed in manner following; (that is to say,) one moiety thereof to His Majesty, and the other moiety thereof (with full costs) to the person who shall inform and prosecute for the same. \But see 2 A: 3 \'ict. c. 1\,s. 34.] 72. \Jnformants and complainants mat/ be witnesses. Bep. 37 & 38 Vict.c.'^^{S.L:R.)?\ 73. \_Limitation of actions, venue, etc. Rep. in part by the Limitations of Actions and Costs Act 1842. llemr.by the Public Authorities Protection Act 1893.*] 74. And in order to avoid the frequent use of divers terms and Construction expressions, and to prevent any misconstruction of the terms ^■Q^l usgdln tiu^ expressions used in this Act ; be it enacted, that whenever in this Act. Act with reference to any person, animal, matter, or thing, any word or words is or are used importing the singular number or the masculine jjeuder onlv, vet such word or words shall be understood to include several persons or animals as well as one person or animal, females as well as males, bodies politic or corporate as well as indi- viduals, and several matters or things as well as one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. \_See also the Interpretation Act 1889.] 75 — 78. {Ilaichers^ and pedlars^ duties — Commencement of Act — Act mai/ be altered in present session. Rep. 37 ct 38 Vict. c. 35 {s.l.r:).'] Schedules (A), (B), & (C). \_{As to duties, rates, and fares) rep. 32 & 33 Vict. c. 14, s. 39.] Schedule (D). [(^6- to forms of proceedings) rep. by the Summary Jurisdiction Act 1884, s. 4.] CHAPTER LXXYI. An Act for 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, Hertford- shire, Buckinghamshire, AND Berkshire. \J)th October \^'i\.'] 1. [Repeal in part of (inter alia) 9 .1/^//. c. 28.] ■ ••••* 45. . . . If any seller or sellers of or dealer or dealers in coals ^^l^^^""'^^ shall knowingly sell one sort of coals for and as a sort which ^.f^one sort, they really are not, within the said Port of London, or at any of coals for place witlun the cities of London and Westminster, or within the a^o'l^er. distance of twenty-tive miles from the Post Office t aforesaid, every such seller or sellers of or dealer or dealers in coals ^'^^^^ penalty 10/. forfeit and pay for every such oticnce the sum of ten pounds per ton for every ton of coals so sold, and so in proportion for any smaller quantity ; and such seller or sellers of or dealer or dealers in coals shall not be subject or liable to any penalty imjioseil by the * See Appendi.x. t I.e. tbe CJeneral Tost Office in the city of London. 104 [Chap. Ixxvi,] Vend and Ddicery of Coals Act 1831. [1 & 2 Will. 4.] * said Act of the ninth year of the reign of Queen Anne, or by an 3 G. 2. c. 20. * Act made in the third year of the reign of King- George the Second, intituled An Act for the better regulation of the coal trade, on every person who shall knowingly sell one sort of coals for and as a sort which they really are not : Provided always, that no seller or sellers of or dealer or dealers in coals shall be subject to such penalty for or in respect of any number of tons exceeding twenty-iive tons for the same offence. • ••••• 77. \_Recoi:erij and application of fines and penalties not exceeding 261. Superseded by 14 & 15 Vict. c. cxlvi. s. 28.] Power to the Justice to give part of yjenalties to informers. 79. Provided always nevertheless, . . . that it shall be lawfnl for any .Justice or .Justices before whom any such conviction shall take place, if they or he shall think fit, to order and direct any part, not exceeding one half, of such fines, penalties, and forfeitures, to be paid or applied to or for the use of the informer or informers, or other persons aiding or assisting in the apprehension of the offender or offenders, or any of them. Penalties incurred by caiTnen may be recovered from their employers ; who may recover them back. Appeal to the Quarter Sessions. Penalties above 25Z., how to be recovered. 81. . . . Where any carman, driver, or other person employed by any seller or sellers of or dealer or dealers in coals, shall have been convicted of any offence against this Act, and the penalty or forfeiture for the same, or any sum directed to be paid to any witness, shall not be forthwith paid, the same respectively shall be paid by the seller or sellers, dealer or dealers, by whom such carman, driver, or other person shall have been em])loyed at the time when such offence was committed . . . : Provided always, that such carman, driver, or other person shall be liable to repay to such seller or sellers, dealer or dealers, the amount of such penalty and the costs attending the same ; and in case of nonpayment thereof, upon demand, and oath, or by a Quaker or Quakers an affirmation,, of the payment thereof, and that the same and the costs thereof have not been repaid by such carman, driver, or person, although demanded, (such oath or affirmation to be made before any .Justice or .Justices of the Peace for the county, city, or place where such penalty shall have been recovered,) the amount of such penalty and costs shall be recovered in like manner as any penalty is directed to be recovered by this Act, and shall be paid to such seller or sellers, dealer or dealers respectively. \_Note to s. 77 applies to part owitted {fis to recovery of penalties^. ~\ 82. ... It shall and may be lawful to and for any person or per- sons so convicted by any .Justice or .Justices of the Peace, as before mentioned, of any offence or offences against this Act, or against any rule, order, or byelaw made in pursuance thereof, to appeal to the .Justices of the Peace assembled at the next General Quarter Sessions or General Sessions to be holden for the county, city, or place where such conviction shall be made. . . . • •••«•• 85. . . . All fines, penalties, or forfeitures exceeding the sum of twenty-five pounds by this Act imposed for any offence or offences committed against this Act shall and may be recovered by action of debt, bill, plaint, or information in any of His Majesty's Courts of Record at Westminster, ... by the person or persons * These Acts are repealed by 30 & 31 Vict, c 5S( (S.L.R.). [3 & 4 Will. 4.] The London Uachwj Carnages Act 1833. [Chap. 48.] 105 who shall inform and sne for tlic same within three calendar months after the offence or offences sliall be committed ; and one moiety of all such tines, ])eiialties, or forfeitures sliall he to and for the use of our soverei.un lord the Kin<^, his heirs und successors, and the other moiety thereof . . . sluill be to and for the use of the person or jx-rsons who shall ini'orin or sue for the same. • ■•••• 91. \^.\i-f to hr jad'ti-iallij noticed^ SCHEDTLE. \Fan)i of oath. Spent. ~\ \_'rhe Act ((ho rchitcti in part to the Coal K.rchange in tlw Citi/ of London, to the procision of a Coal Market bij the Corporation oj the City of London and. the manayement thereof. The other pjarts of the Act ivhich are oynitted are either repealed hij the Limita^tiona of Actions and Costs Act 1842, or .52 & 53 \'iet. <•. 17, or .superseded, by the Sununary .Jiiriit and used as not to injure the stairs or steps PO'^o p'ace 1 11 1 11 1 /-t 1 v. • 111 callea «jai (len and canseway whon altered called darden Stairs, now used by the stairs not to watermen as a ])lyin^ ])lace, and which will be on the western side Ij*-' injurod. of the said pier wharf or jetty, and so that the same stairs and steps and causeway when altered may remain and be used and enjoyed as heretofore. 4. . . . In case at any tiuic or times there shall be any accuninla- Any accumu- tion of mud, sand, dirt, or other matter adjoining to the said jticr '^^ionof mud, wharf or jetty, or in the neighbourhood thereof, occasioned thereby, removelT which shall apj)ear to the * ]\[ayor, Aldermen, and Commons of the city of London in ( "ommon Council assembled, or to the Lord ^Mayor of the said city for the time being, as conservator of the Kiver Thames, to be injurious to the navigation of the said river, then and in every such case the said company shall, within thirty days after notice in writing for that pnrjtose, by the * town clerk of the said city ■of Jjondon, shall have l»een left at the office of the clerk of the saiil Company, cause the said mud, sand, dirt, or other matter to be taken away and effectually removed ; and in case the said ( "ompany shall neglect or refuse to cause the said mud, sand, dii't, or other matter to be removed eriectually, it shall be lawful for the said * Mayor, Alder- men, and Commons, in Common Council assembled, or the said Lord Mayor for the time being, to employ other persons to take away and remove the same, and the said Company shall, on demand, pay to the * Mayor and commonalty and citizens of the said city of London all costs and charges occasioned by the removal thereof, and the same may be recovered from the said ( -ompany by an action of debt in any of His j\Iajesty's Courts of Law at Westminster. 5. . . . In case the said pier wharf or jetty shall not be comj)leted F.^r obviating and tinished bv the said Com])anv within the time limited bv this '^''^"r*^'',.*'-' ^''f* . , . ' , ^. V " ji 1 11 . 1 ' naviyration or Act, or m case at any time atter the same shall have been com- the Kiver pleted and finished it shall not be kejjt in proper repair, and shall Thames. become a nuisance or an im]tediment to the safe navigation of the said Kiver Thames, and the said Company shall not. within thirty ■days after a notice in writing for that purjjose shall have been left at the office of the clerk of the said Comj)aiiy, immediately j)roceed to repair the said pier wharf or jetty, or shall refuse to repair the same, and render it free from all danger to the naviiration of ships and vessels, as the case may be, then and in either of the said cases it shall be lawful for the said * Mayor, Aldermen, and Commons, in Common Council assembled, or the said Lord ]\Iayor for the time being, to em})loy persons to take away and remove the materials of the said pier wharf or jetty, and to sell and employ the same for the purposes of the improvement of the navigation of the said Jiiver Thames. 6. . . . The said Company shall pay to the said * Mayor and Paynu-nt to commonaltv and citizens of the citv of London, . . . their successors, H^" "''?^^*^ ^^ collectors, or assigns for and during the continuance of the said London for term of eighty years, and so long thereafter as the said pier shall cutting into continue the propertv of the said Companv, their successors, or -'^'nlcommuni- • • iCitin'' Willi assigns, an animal rent or sum of five pounds five shillings atter ji\e Ri^.^j the said l>aiik or wall, and shore and bed, shall be cut and dug, and Tliame>. the communication completed, for the purposes aforesaid ; and such annual sum is hereby charged upon and made payable by and may * Now the Thames Conservators. See 20 x 21 Vict. c. cxlvii. since rep. by 57 & 5S Vict. c. clxxxvii. (See Appendix.) llu [Chap, cxxviii.] The Greenwich Pier Act 1836. [6 , packet, or other jo^jg"^^ '^°™ vessel within the limits aforesaid. 57. Provided always, . . . that nothing in this Act contained shall f;*-neral ex- extend or be construed to extend to charge with the payment of any <^'^pt'probation of the Commissioners of His ^Majesty's Customs, to refuse to give or mak(! out any coc([U('t or otiier dis- charge, or take any report, outwards or inwards, for any ship, vessel, or boat using the said j»ier wharf or jetty, until the rates and duties by this Act made paya])le, according to the true intent and meaning hereof, shall be paid unto the collector or other person from time to time a})pointed to receive the same ; and no such ship, vessel, or boat shall leave the said jiier wharf or jetty without producing a ])ass from such last-mentioned collector or receiver. 66. ... If any master, owner, or other person having the rule Persons or command of any ship, vessel, boat, or other craft, or any other ^^^^^'^^^^-^ person whomsoever, shall, by any means whatsoever, at any time rates to •elude or evade the payment of any rates or duties herein authorized tontinui- to be taken in respect of the said pier whaif or jetty, or the tluirgeai.le. approaches thereto, every person eluding or evading payment as aforesaid shall forfeit and pay to the said company, in addition to the said rates and duties, a sum equal to the amount of such rates and duties, and shall also stand charged with and be lial>le to the ■ ])ayment of such rates and duties, as well as the forfeiture incurred by having eluded or evaded the payment thereof: and the same shall and may be recovered from sucli master or owner or such other person at any time, either by the means herein })rescribed for levying the said rates and duties, and by the same method, or in such manner as is herein directed for levying and recovering the fines, forfeitures, and penalties imposed by this Act, and with the like costs, 67. . . . If any dispute shall arise concerning the amount of the For settling rates or tluties inted to be rei-overed and levied. 68. ... In case the person having the rule or command of UtguLiting anv shii), vessel, or other craft which shall be moored to the said '''^'l^'* o^ l)ier wharf, or to any mooruig j)laces of or belonging to tlie said pier ^jj.^ wharf, shall refuse or neglect to obey the orders given by the })ier .master for the time being, every person so offending shall for every * Now the county of London. See ol >.v .'>■_' Vict. c. -H. s. 4"'. 6 114 [Char cxxviii.] The Greenwich Pier Act 1836. [6 & 7 Will. 4.] I'enalty ou persons damaging pier, etc. Penalty foi- injuring ropes by which vessels arc moored. Remedy in case of ships damaging The pier, etc. such offence forfeit aud pay to the ;^aid Company any sum not exceeding ten pounds. 69. . . . Every person who shall at any time hereafter wilfully or maliciously injure, demolish, or break down the said pier wharf or jetty, avenues or approaches, or any of the works to he made as aforesaid, or any part thereof, or the fences or buildings respectively which shall be constructed in or npon or which shall l)elong to the said pier wharf or jetty, avenues or approaches, or other works, or any table of tolls or bye-laws affixed thereon, or shall wilfully and maliciously extinguish any light used for the lighting the said pier wharf or jetty, and the ships, vessels, or boats resorting to or passing the same, shall forfeit and pay for every such offence any sum not exceeding ten pounds, and shall besides pay for or make good all such damage ; and the amount of such penalty and damage, in case the same shall not exceed the sum of twenty pounds, shall be recoverable l)efore any two Justices of the Peace for the * county of Kent, who are hereby authorized and empowered to summon before them the person doing such wilful or malicious damage as aforesaid, and to hear and determine the same, and ascertain such damage ; which penalties shall be recovered as other penalties are by this Act directed to be recovered : and the same,, when hwied in manner aforesaid, shall go ;ind be paid to the treasurer of the said Company, to be applied to the purposes of this Act. \_See also 18 k 19 Vict. c. 120, s. 206, and the Malicious' Damage Act 1861.] 70. ... If any person shall wilfully and maliciously cut, break,, or in any manner destroy or injure any rope or other thing by which any ship or other vessel shall be moored and fastened to the said ])ier wharf, or to the mooring chains or mooring places of the said Company, such person shall for every such offence forfeit and pay any sum not exceeding forty shillings : Provided always, that such penalty shall not in any manner preclude or bar or affect the recovery of any damages in any action which may be brought for any injury which may arise from cutting, breaking, destroying, or injuring any such rope, chain, or any other thing as aforesaid : Provided also, that nothing herein contained shall hinder or restrain any pier master to be appointed in ])ursuance of this Act, or his- assistant, from exercising any of the powers and autliorities vested in him. 71. ... In case any ship or vessel shall be wilfully run or driven either against the said pier wharf or any of the works to be erected or made by virtue of this Act, so as to break, damage, or injure the same, the person having the government or rule of such shij) or vessel, or acting as such, shall be liable to answer and make good the damage or injury done, and the same, not exceeding the sum of twenty pounds, sliall and may be settled and ascertained in a summary way by any Justice of the Peace for the said * county of Kent ; and in case such person shall refuse to pay the sum to be- awarded by the said Justice for or in respect of such damage or injury, it shall be lawful for the said Justice, by warrant under his hand and seal, to cause such ship or vessel to be seized and dis- trained, together with the tackle, furniture, and apparel thereof,, until due judgment thereof, together with the reasonable charges of such seizure and distress ; and if such ship or vessel shall not be redeemed within five days after the same shall have been so seized and * Now the county of London, See 51 & 52 Vict. c. 41, s. 40. [f; it 7 Will. 4.] The Greenwich Pier Art 18:J0. [Chap, cxxviii.] ll'> distrained it sliiill be; lawliil tor tlie jjcrson so s('iziM<^ and ilisti-iiininj; the same to sell so much of the tackle, turnitnre, aud ai)i)arel of or Vjelonging to such sliiji or vessel as shall be sufficient to make good the said dauia^'e oi* injury, and all the costs anIns (ii" any) to the owner or master of such ship or vessel. 72. . . . The master or owner of every sliip, boat, or othcjr vessel Master an- shall be and is hereby made answerable for any damage, spoil, ov swerahie for mischief whicli shall be done by his ship, boat, or other vessel, bv"h^fcrew^ or any of the sailoi-s, l)oatmen, or other ])ersons belonging to or aiut may re-' emjdoyed in or about the same, to the said pier wharf or any of the ^''^'^ ^^^^^ works in or about and belonging to the said pier wharf, the amount ^^^^ p"j\] of such damage, sj)oil, or mischief to be recovered in like manner as any penalty is in and by this Act directed to be recovered ; and in case the owner of any ship, boat, or other vessel as aforesaid shall be com])elled to pay any penalty, or to make satisfaction for any (4).] 85. ... No proceedings to be had and taken in ])ursiiance of this !'rocee. cxxviii.] I'he Greemvich Pier Act 1836. [6 & T Will. 4.] Appeal to Quarter Sessions. Powers of Act to be exer- cised bv Com- pany while in possession of the pier, and afterwards by the Com- missioners of Greenwich Hospital. Persons making false declarations to be guilty of a mis- demeanour. 5 & 6 W. 4. c. 62. 87 — 88. \_Ecidence. of Co7upan;fs officers — Directors matj release witne.-■ Con^ercators of Tha.mesl^ 98. [Sa/ciny rights of the Watermeri s Company 7\ 99. [Saving rig/its of certain commissioners of setvers. Superseded {as to count'/ of London) 11 vt 12 Vict. c. \\'2.X See now 18 & 19 Vict. c. 12U, s. 13.1.] * See Appendix. j Now the Thames Conservators. See 20 & 21 Vict. c. cxlvii., since rep. by ")7 & 58 Vict. c. clxxxvii. (See Appendix.) X Kep. 3S & 3it Vict. c. 66 (S.L.R.). [0& 7 Will. 4.] T/tf Grcenwhh I'h'r Art 1S30. [Chai-. cxxviii.] 119 X. 8. d. U 2 100. {SatiiKj ri(j}itii of tin' cliurchicarfhns, overseers, etc., of Greenivich muler 1> (ico. 4, <\ xliii.* and 4 1 6 1 0| 2 H I 2 6 3 [r. & 7 Will. 4.] The Greenwich Pier Act lb3«. [Chai'. cxxviii.] 121 Earthenware, per large crate .... per small crate .... Fish, per prickle or i)ad ..... per trunk ...... per Vjushel or sieve ..... Fruit, per bushd or sieve .... Flour, per sack of five bushels. Fa<,f<.(ot, per hundrerl ..... Fire wood, per cliord ..... Feathers, per hundred weight Foxes, each ....... Fowls, and every other sort of poultry, per head Flint stones, per ton ..... Crlass ware, per large crate .... per small crate .... window, per crate ..... Grindstones, each ...... Grate or range, large ..... small ..... Gunpowder, per baiTel ..... Gardenstuff, per bushel or sieve Hay, per load of thirty-six trusses . Hops, per bag ...... per pocket ...... Hams, bacon, or tongues, per hundred weight Herrings, red, per barrel .... Hogsheads, packed with goods not enumerated in schedule Hoops, per bundle ...... Hurdles, per hundred ..... Harpsichord ....... Harps, each ....... Hemp, per hundred weight .... Horses, each ....... Hares, pheasants, and all other game, per head Hides, raw or tanned, each .... Hogs, each ....... Iron, per hundred weight .... per ton ....... pots, each ...... Kelp, per ton ...... Laths, per twenty bundles .... Lath wood, six feet per fathom five feet ditto. .... Lead, per hundred weight .... per ton ...... Lime, per load of twenty-eight bushels . Leather, per hide ...... Leeks, per dozen bundles .... Lumber, and every otlier article not specified before in this table, per foot cube ..... Dosser, hundred weight . Meal or Middlings, per eight bushels Mahogany, in logs or plank, per foot cube Masts, ten inches in diameter or upwards, each under ten inches, each . Millstones, large, each . small, each . Molasses, per puncheon . Mustard, per thirty pound barrel Marble, per ton £ 8. d. (J 6 4 1 (1 •» (1 1 1 (J 2 9 (J 1 U (J 122 [Chap, cxxviii.] T]>e Greemvich Pier Aet 1830. [6 & 7 Will. 4.] so 111 Nuts, per bag .... Kails, per bag. .... Oil cakes, per thousand . Oranges and lemons, per chest per half chest. Oil, train or tish, per barrel, and greater or smaller quantity Oak or elm planks, per load containing fifty cu Oysters, per bushel per firkin or smaller barrel Ovens, each ..... Ordnance, pieces of, brass or iron, per hundred Onions, per bushel . Oatmeal, per sack . Oil, per pipe .... per hogshead . per half hogshead per jar .... per chest .... per half chest . Poultry, per basket. Potatoes, per bairel per ton . Plums, per box Potatoes, per sack of three bushels Pales, cleft, per thousand Posts and rails, per load of fifty cube feet Pewter, wrought, per hundred weight old ..... Pianofortes, each .... Pitch and tar, per barrel Parcels, none to be charged less than Straw, per load .... Sugar, loaf, per hundred weight raw, per hundred weight Salt, per hundred weight Spars, per score Solder, per hundred weight Sofas, each Stone, per ton Ditto, paving, per ton Slate, per ton, containing twenty-four feet cube Stove, register, each other . Sedan chairs, each . Salmon, per kit Skins, goat, dog, calf, sheep, or lamb, per Soap, per hundi-ed weight Starch, per hundred weight . Shot, per bag ...... Salt fish, per hundred Aveight . Sheep, lambs, pigs, or hogs, per score Shrimp baskets, each Tallow or candles, per hundred weight Tea, per quarter or che.st And so on in proportion for any gr than a half chest. Treacle, per hundred weight Timber, per load, containing fifty cubic feet Tables, dining, per set .... proportion for be feet dozen weie ht any eater or less quantity £ 8. (/. 1 2 2 3 2 2 2 6 U oi 1 6 I 2 1 6 4 1 () ■J u 2 1 1 H 2 ^ 2 2 (» 4 1 1 u 2 u 10 2 1 Ci 6 6 6 1 6 1 2 1 u li •9 -J 1.^ 3 o' 1 2 6 1 2 3 [7 Will. 4.] The Greenwvh I'ier Act 1837. [Chak Ivi.] 123 Tables, other dining tiibles, »:ic-li .... card or Pemljroke, each .... every other, each ..... Tombstones, each, per foot superficial marble, per ditto . .... Tiles, plain, per thousand ..... Hip or gutter, per thousand .... Ridge or {)antiles, per thousand Mathematical, per thousand .... Paving, per thou.sand ..... Turtle, each ........ Tobacco and snufi", per hundred weight Turbot, per score ....... Trunk, portmanteau, or bundle, each Vats, packed with goods not enumerated in .schedule, foot cube ....... Ditto, per hundred weight Violins or bass viols, each ..... Vinegar, per hogshead ...... Wool, yai-n, or cotton, per hundred weight Wine (not British) sweet oil, or spirits, for every ga tained in any butt, pipe, puncheon, or piece, or whatsoever ....... Wine or \-inegar (British), per gallon Oil or spirits in bottles, per dozen .... per pipe ...... per hogshead ..... per half hogshead .... All goods not enumerated in this table to pay at of hd. per cubic foot, or 'M. per hundred weight. £ H. J. fi 1 II It 'J 1) II 4 ft II .3 (1 •> .> (1 II '.) 1 II (> I i; (1 2 II 2 G (t 3 II 1.^ 4' (1 2 each , [)er (1 Oh II II II 2 4 II G 6 lion con- any cask 0.i Ct ol tl (1 ?^~ 11 I G ti 4 the rate 7 WILLIAM IV. A.D. 1837. CHAPTER LVI. An Act to alter and amend an Act of the last Session of Parliament, intituled An Act for making and maintaining A Pier Wharf and other Works at Greenwich in the County of Kent ; and to extend the Powers of the said Act. [8M Jui>t' 1837.] [Preamble recites G & 7 Will. 4, r. cxxviii., and that it would be of great public utilitij if the pier ivharj and other icorhs b;i the mid recited Act authorized to be made and maintained were enlnrqed n„d extended : and that the Greenwich Pier Comjntri'/ are n-HUikj ni>d desirous to effect the proposed enlargement and extension.'] 1. . . . All ancPevery the powers, provisions, restrictions, limita- lowers oi tious, penalties, forfeitures, rates, duties, paymeuts. exemptions, ^.x^'J,'",{e,|*^'^' remedies, matters, and thinus in the said recited Act contained >ball tiii> .vct. (so far as the same respectively aie ajiplicable to this Act, and nut hereby repealed, varied, altered, or otherwise provided for.) lie as good, valiil, anil effectual for carrying this Act into execution as if the same had been repeated or re-enacted in this Act. 2. ... It shall l)e lawful for the said Company, and thev arei'owerto hereby authorized and empowered, from anil after the passing of this *"" '^ ^^^ ^'^'' 124 [Chap. Ivi.] The Greeracirk Pier Act 1837. [7 Will. 4.] and other works. Present plying places Act, (subject to the terms, conditions, and stipulations of a certain agreement bearing date the twenty-ninth day of December one thousand eight hundred and thirty-six, and made between the Com- missioners of Greenwich Hospital of the one part, and the said Company of the other part, and to the lease to be granted in pursuance of such agreement,) to erect and make, and thence- forward to maintain, at Greenwich aforesaid, a pier wharf on the south side of the River Thames in the parish of Saint Alphage, Greenwich, in the county of Kent, from that part of the bank (jf the said river which is situate between certain public stairs or landing places in the said parish called or known by the name of Garden Stairs, and certain other stairs called or known by the name of Ship Stairs, extending one hundred and seventy-five feet in length in front of the bank of the said river to the same extent as the wharf authorized bv the said recited Act on the west side thereof, and at the eastern end one hundred and thirteen feet from the said bank, according to the plan deposited with the town clerk of the city of Loudon, for the emljarking and disembarkincr, landing and shipping of passengers, and of horses, carriages, cattle, and other live stocky and lading and unlading ships and vessels, in such manner and subject to such orders and directions as the directors of the said (.'ompany, to be appointed in the manner mentioned in the said recited Act, or the major part of them present at any of their meetings, shall deem necessary or expedient, and also to erect and make such works as the said directors shall think necessary and proper for rendering the said pier wharf useful and convenient for the landing and embai'king of passengers and goods, and also to make avenues and approaches to the said pier wharf and other works, as the said directors shall in manner aforesaid deem necessary and proper, and also to erect and make proper and convenient toll gates and houses for the collectors of the tolls to be taken under the authority of the said recited Act upon or near to the same j^ier wharf, avenues, or approaches ; provided that such toll gates and houses shall not be erected in front of the house called the Ship Tavern there, or to the annoyance, interruption, or obstruction of the said house and premises : and for the purposes and subject as aforesaid it shall be lawful for the said Company, their servants, agents, and workmen, to dig and make proper foundations in the said river and on the land adjoining, and to deepen the bed of the said river in front of the said pier wharf, and also to excavate the said stairs or landing place respectively called Garden Stairs and Ship Stairs, or either of them, and the causeways thereof respectively, and from time to time to repair, rebuild, pull down, vary, or alter the said works or any of them ; the works in the said river and connected therewith to be done and performed to the satisfaction of the clerk of the works for the time being employed in the Thames navigation : Provided that nothing in this Act contained shall alter, take away, or affect any existing right or interest of the said hospital or the Commissioners thereof in, to, or over the road or way leading from Romney Road to the Ship Tavern, upon a part of which said road a bar has been put up and kept and maintained by the said Commissioners, nor shall give any right or authority to the said Company to interfere with the dock called Ship Dock near Ship Stairs aforesaid. 3. . . . The said pier wharf and works shall be so constructed, and so kept and used, as not to injure the stairs or steps and [7 Will. 4.] The Greemvirh Pin- Act IS^T. [Chai-. Ivi.] 125 causeways, when altered, called Garden Stairs and Ship Stairs f^ai'.«^'l '^•"■••"> respectively, now used by the wateimen as plyinf< ]»laces ; and the ishiirstains same staii's oi- st(']»s and causeways resjjcctivcly, when altered, not to be shall reniiiiii and ma} he used und enjoyed as heretofore lor the injured, accommodation of the ])ublic. 4. . . . In case at any time or times there shall he any accumnhi- An accumui^^- tion of mud, sand, dirt, or other matter adjoinin^^ to tlie said jiier ^»i" etc'^/o^i^"^ in the nei^jhbonrhood tliereof, occasioned thereby, which shall appear removed. to the * Mayor, Aldermen, and Commons of the city of London in Common Council assembled, or to the Lord Mayor of the said city for the time beinfc, as Conservator of the Rivei' Thames, to be injurious to the navi^ration of the said river, tlien and in every such case the said Company shall within thirty day> alter notiee in writing: for that purpose by the town clerk of the said city of London shall have lieen left at the office of the clerk of the said ('om])any, cause tlie said mud, sand, diit, oi- other matter to lie taken awav and effectually removed ; and in case the said Company shall neglect or refuse to cause the said mud, sand, dirt, or other matter to be removed effectually, it shall be lawful for the said * Mayor, Aldermen, anil Commons, in Common ( 'onncil assembled, or the said Lord Mayor for the time being, to employ ]»ersons to take away and remove the same; and the said Company shall, on demand, pay to the * Mayor and Commonalty and citizens of the said city of London all costs and charges occasioned by the removal thereof, and the same may be recovered from the said Com])any by an action of debt in any of His Majesty's Courts of Law at Westminster. 5. . . . From and after the ])assing of this Act the powers and Comraence- provisions herein contained may be put in execution. 6. . . . The said Com})any and their successors shall, when and Twenty feet as soon as the said wharf or embankment shall have been com- °j be'^raiied pleted, ai)j)ropriate and fence oft" with iion railing, between the said off in front of wharf and the ])resent northern boundary of the Ship Tavern, for the ^1'^ Ship whole extent thereof, a sjjace of twenty feet ; which said space of '"'^'^°- twenty feet shall exclusively belong to and form an open space in front of the said estate called the Ship Tavern, being the property of the said Commissioners of (ireenwich Hospital; and that tlie said Company shall not affect, take away, or diminish the free access by water to the said tavern called the Ship Tavern by means of the said stairs called Ship Stairs. 7 — 10. \Finaricial piovisioiis and provisions as to purchosr of lands. S/jrnt.'j 11. And whereas a map or plan, describing the situation of the I'lanaudbook said enlarged pier or jetty and other works, and the line of the aeposfte"'^'^ avenues and approaches thereto, with a book of reference thereto with cu-rk of containing the names of the owners or reputed owners and occupiers t'>f i':»riia- of the houses, lands, and grounds upon or through which the same |"^,'j^ ^^ are intended to be made, or which may be affected thereby, will be ins|>ection. deposited in the office of the clerk of the Parliament and with the town clerk of the city of London : . . . the said maj) or plan and book of reference so to be deposited shall remain with and be kept by the said town clerk, and all ])ersons interestt'd therein shall have liberty to inspect, peruse, and make extract therefrom and copies thereof at reasonable times, on payment to the said town clerk of * Now the Thames Conservators. See 20 .*»: 21 Viit. c. cxlvii., since rep. by 57 & 58 Vict, c, clxxxvii. (See Appendix.) 126 [Chai\ Ivi.] The Greenwich Pin- Act 1837. [7 Will. 4.] one shilling for each time of inspection, and one shilling more for every hour during which such inspection shall continue after the first hour, and paying for every copy of one hundred words the sum of sixpence, and so on in proportion for any greater number of words ; and the said map or plan and book of reference, or true copies thereof, or of so much thereof as shall relate to any matter which may be in question, shall be and are hereby declared to be good evidence in all courts of law and elsewhere. 12 — 15. \IJcciatioti — Time for taking lands Unutcd to two ajul for completion of tcorks to fee years. Spent.'] 16 — 43. \_Error.'i in plan.^ — .by to acquisition of kinds — Assess- ment oj compcnsaAion — ApplicaJion of par chase monei/s — Lands not wanted to be sold tcithin secen years. Spent.'] 44. Sj^ompanys accounts and audit thereof. See 4 ILdw. 7, c. cciii. 6-. 6.] Keversion of 45. ... At the expiration of the said term of eighty years men- t hat part of tioned in the said recited Act such part of the said pier wharf and other on land held works as shall be erected on the jjiece of laud in sucli Act mentioned of creenwich to have been agreed to be taken on lease from the said Commis- Hospitai. sioners of Greenwich Hospital shall revert to the said Commissioners, their successors and assigns, unless the said Company shall have previously purchased the fee simple of such land from the said Commissioners, their successors or assigns : and the other or remain- ing part of the said pier wharf and other works shall continue the property of the said Company, their successors and assigns. Eeveision of 46. ... At the expiration of the said term (jf eighty years so the portion of much of the said pier wharf as lies in front of the said tavern now the pier called the Ship Tavern, and between the said tavern and the river, of the Ship shall 1 jecome and continue to be the property of the said Commissioners Tavern. of Greenwich Hospital, in lieu of any compensation being paid by the said < 'ompany to the said Commissioners as the freeholders and lessors of the said tavern, for the interest of the said Commissioners in the present river frontage to the said tavern, which under the provisions of this Act will be taken and used in making the said I)ier wharf. The Hospital 47. ... If such part of the said pier wharf and other works as and the Com- shall be erected on the said piece of land so agreed to be taken on exerciTe^the ^^ase from the said Commissioners of Greenwich Hospital as afore- jiowersof the Said shall revert to such Commissioners, their successors or assigns, Acts as to the as provided by the immediately preceding clause, then all and pier Veione- Singular the powers and authorities given by the said recited Act ing to them and this Act shall in respect and to the extent of that jiart of the respectively, said pier wharf and other works which shall so revert to the said Commissioners, their successors and assigns, but no further or otherwise, belong and be continued to and exercised by the said Commissioners and their successors, as fully and amply, in all respects and to all intents and purposes, as the same are by the said recited Act and this Act given to the said Company ; but nevertheless all and singular the powers and authorities given by the said recited Act and this Act shall, in respect and to the extent of the other or remaining part of the said pier wharf and other works, continue to belong to and be exercised by the said Company, their successors and assigns, as fully and amply, in all respects and to ail intents and purposes, as if no such revertor to the said Commissioners, their successors or assigns, had taken place. 48. SJDefcierocies in rates during works. Spent.'] [1 Vict.] The Post Ujice {O/fmas) Act ISaT. [( hai-. :}<;.] I'JT 49. . . . Where in this Act any word sliall be used imj)ortinaid and satisfied, the power and authority of such receiver shall cease and determine, or otherwise the said Dej)tford Creek Bridge Company shall or may bring or cause to be brought any action of debt or Rjjecial action on the case, or other action, in any of Her Majesty's Courts of liocord at Westminster against the saidHailway Company for the recovery of such compensation, recomjicnce, or allowance so in arrear, and shall recover the same, together with full costs of suit : Provided always, that nothing herein contained shall j)rejudiee the right vested in the said liailway Company by the said recited Act of requiring that the tolls payable to the Deptford Creek Bridge Company should be let by public tender or bidding. 11. [^Bridge not to be built contrary to provisions of '6 Will. 4, r. xlvi. Spent.'] 12. \_Expenses of Act. Spent.'] 13. [_Act to be judicially noticed^] 2 & 3 VICTORIA. A.D. 1839. uce CHAPTER 47. An Act fok further improving the Police in and near the Metropolis. \\lth August 1839.] \_Preamble {which recites 10 Geo. 4, c. 44) and s. 1 {as to appoint- ing constables to courts leet) rep. 53 k 54 Vict. c. 51 {S.L.K.).] 2. \_Recital of 10 Geo. 4, c. 44.] It shall be lawful for Her Majesty, Parts of I'a- by the advice of Her Privv Council, to order that anv place which "shes may is part of the Central Criminal Court district,* except the city of J'l^/p^if ^"^ London and liberties thereof, and such places as are or may be included district, in any Act already passed or to be passed in this ISession of Parlia- ment, intituled " x\n Act for regulating the Police in the City of London," and also that any part of any parish, township, precinct, or place which is not more than fifteen miles distant from Ciiaring Cross in a straight line may be added to and form part of the metro- politan police district, although the whole of such parish, township, })lace, or precinct may not be added thereunto ; and all the])rovisious of this Act, and of the said Act as amended by this Act, shall extend and apply to the })arishes, townships, ])recincts, or ])laces, or the ])arts thereof, so res])ectively atlded ; and in case no sej)arate rate shall be levied for the relief of the poor in any place or part so added, the ])olice rate shall be assessed and levied therein in like manner as in extra-])arochial ])laces within the metropolitan police district hi which no rate is levied for the relief of the poor. \_l'art omitted (recital of \^ Geo. '\,c.-^A) rep. 53 & 54 Vict.c.b\ (S.L.R.).'] 3. \_Farishes so added to be within 3 & 4 Wm. 4, c. b9.t Jii'p. 37 & 38 Vict. c. 96 {S.L.R).] * See the Central Criminal Court Act 1S34. t Rep. 31 Sz 32 Vict. c. 07, s. 4. 130 [Chap. 47.] The Metropolitan Police Act 1839. [2 & 3 Vict.] Eepeal of 6 & 7 \V. 4. c. 50. with a certain limitation. Metropo- litan police constables to act on the Eiver "Thames, etc. Sum re- quired to de- fray charges of Thames police, horse patrol, etc. Constables may be sworn to act for the palaces. Additional constables may be ap- pointed at the cost of individuals. 4. ... It shall be lawful for Her Majesty to appoint the Justices appointed and to be appointed under the said Act of the tenth year of the reign of King George the Fourth to be Justices of the Peace for the counties of Berkshire and Buckinghamshire, although they may not be (|ualified by estate ; and the said Justices shall be empowered to act as Justices in the last-mentioned counties as fully as in any other part of the metropolitan police district, and not further or otherwise, and shall be styled " The Commissioners of Police of the Metropolis." \_Part omitted {recital of Q k 7 Will. 4, c. 60) rep. 37 & 38 Vict. c. 96 (S.L.R.).^ 5. The constables belonging to the Metropolitan Police Force shall have all the powers and privileges of a constable in the counties of Berkshire and Buckinghamshire, and upon the River Thames within or adjoining to the several counties of Middlesex, Surrey, Berkshire, Essex, and Kent, and within or adjoining to the city of London and the liberties thereof, and in and on the several creeks, inlets, and waters, docks, wharfs, quays, and landing })laces, thereto adjacent, and shall act therein and thereupon, as fully as in any part of the metropolitan police district. 6. It shall be lawful for the . . . Treasury, by warrant . . . , to direct the issue out of the Consolidated Fund of Great Britain and Ireland to the receiver of the metropolitan police district of a yearly sum, not greater than twenty thousand pounds, free of all rates, taxes, and impositions, for defraying the increased charge of the establishment of the Metropolitan Police Force by reason of that force being required to j^erform the duties heretofore performed by the horse patrol and by the surveyors and constables of the Thames police. . . . \_Amend ed by the Consolidated Fund Cliarges Act X'^^Al^ s. 1. Farts omitted (as to Lord High Treasurer and sujjerannuation allotvances) rep. 37 k 38 Vict. c. 96 (S.L.R.) and 53 & 54 Vict, c. 51 (6'.Z.it'.).] 7. It shall be lawful for the said Commissioners to administer to any constable belonging to the Metropolitan Police Force an oath to execute the office of constable within the royal palaces of Her Majesty and ten miles thereof; and every constable who shall be so sworn shall have the powers and privileges of a constable within the said royal palaces and ten miles thereof. 8. It shall be lawful for the said Commissioners of Police, if they shall think fit, on the application of any person or persons showing the necessity thereof, to appoint and swear any additional number of constables to keep the peace at any place within the metropolitan police district, at the charge of the person or persons by whom the application shall be made, but subject to the orders of the said Coaimissioners, and for such time as they shall think fit ; and every such constable shall have all the powers, privileges, and duties of other constables belonging to the Metropolitan Police Force : Pro- vided always, that it shall be lawful for the person or persons on whose application such appointment shall have been made, upon giving one calendar month's notice in writing to the Commissioners, to require that the constables so appointed shall be discontinued, and thereupon the Commissioners shall discontinue such additional constables ; and all monies received on account of any such additional constables shall be paid to the receiver of the Metropolitan Police, and shall be accounted for by him in like manner as other monies receivable bv him. [2 & 3 Vict.] The Metropolitan Police Act 1-^39. [Chap. 47.] 131 9. In addition to the returns relatinS'.Z./i'.).] 25. {Certain boats subject to 1 k^ Geo. 4,6-. Ixxv.* Rep. 38 & 39 Vict. c. 66 {S.L.R.).^ 26. Every person who within the metropolitan police district shall knowingly take in exchange from any seaman or other person, not being the owner or master of any vessel, any thing belonging to any vessel lying in the Hiver Thames or in any of the docks or . creeks adjacent thereto, or any part of the cargo of any such vessel, or any stores or articles in charge of the owner or master of any such vessel, shall be deemed guilty of a misdemeanor. 27. Every person who shall unlawfully cut, damage, or destroy any of the ropes, cables, cordage, tackle, headfasts, or other the furniture of or belonging to any ship, boat, or vessel, lying in the Kiver Thames or in any of the docks or creeks adjacent thereto, with intent to steal or otherwise unlawfully obtain the same or any part thereof, shall be deemed guilty of a misdemeanor. 28. It shall be lawful for any constable to take into custody every person who, for the purpose of preventing the seizure or dis- covery of any materials, furniture, stores, or merchandize belonging * Eep. by the Thames Watermen and Lightermen's Act 1859 (22 & 23 Vict. c. Ixxxiii.). [2 & 3 Vict.] I'he Metropolitan Police Act 1839. [Chap. 47.] 133 to or having })een part of the cargo of any sliiji, boat, or vessel '^r into a lying in the River Thames or the docks or creeks adjacent tliereto, ^^j^," f^^u.lu or of any other articles unlawfully obtained from any snch ship or lent inten- vessel, shall wilfully let fall or throw into the river, or in any other t'o" mnnnor convey away from any ship, boat, or vessel, wharf, (piav, or landing place, any such article, or who shall be accessory to any such olfeiice, and also to seize and detain any boat in which such person shall be found <»r out of which any article shall be so let fall, thrown, or conveyed away ; and every such jterson shall be deemed guilty of a misdemeanor. 29. Every ])erson who, for the })nrpose of protecting or preventing Framing a anything whatsoever from being seized within the metropolitan ^^"^^ Ig^J °^ police district on susi)icion of its being stolen or otherwise unlawfully escape ■obtained, or of preventing the same from being i)roduced or made detection, to serve as evidence concerning any felony or misdemeanor com- mitted or supposed to be committed within the metropolitan ])olicQ •district, shall frame or cause to be framed any bill of parcels containing any false statement in regard to the name or abode of any alleged vendor, the (piantity or quality of any such thing, the place whence or the conveyance by which the same was furnished, the price agreed upon or charged for the same, or any other particular, knowing such statement to be false, or who shall fraudu- lently ])roduco such bill of parcels knowing the same to have been fraudulently framed, shall be deemed guilty of a misdemeanor. 30. Every jierson who shall be found within the metr(»politan Possessing police district in or upon any canal, dock, warehouse, wharf, quay, •/^^-truments or bank or on board any ship or vessel, having in his or her fuiiy pro- possession any tube or other instrument for the purpose of unlaw- curing and fully obtaining any wine, s])irits, or other liciuors, or havino: in his carrying \ • " 1 • 1 1 1 J ^1 ^ • 1 i -1 awav wine, or her possession any skin, bladder, or other material or utensil etc' for the purpose of unlawfully secreting or carrying away any such wine, spirits, or other li(pn»rs, and any person who shall attempt unlawfully to o])tain any such wine, s])irits, or other liipiors, shall be deemed guiltv of a misdemeanor. 31. Every person who shall, within the metropolitan jiolice Piercing district, bore, pierce, break, cut open, or otherwise injure any cask, ^^^^' "^P®"- box, or j)ackage containing wine, spirits, or other lic^nors, on board ^es^etc! any shi]), boat, or vessel, or in or ujion any warehouse, wharf, (piay, or bank, with intent feloniously to steal or otherwise unlawfully obtain any part of the contents thereof, or who shall unlawfully drink or wilfully s])ill or allow to run to waste any part of the contents thereof, shall be deemed guilty of a misdemeanor. 32. Every person who shall, within the metropolitan police P>reaking district, wilfully cause to be broken, pierced, started, cut, torn, or pa'^^^es^ otherwise injured, any cask, chest, bag, or other package containing t\' spill Con- or prepared for containing any goods while on board of any barge, tents, lighter, or other craft lying in the said river, or any dock, creek, quay, wharf, or landing j)lace adjacent to the same, or in tiie way to or from any warehouse, with intent that the contents of sucli package or any part thereof may be spilled or dropped from such package, shall be deemed guilty of a misdemeanor. 33. Any superintendent or inspector belonging to the metro- Superinten- politan ])olice force shall have itower, bv virtue of his office, to ^"^^^^ ^<^ enter at all times, with such constables as he shall think necessary, may board as well by night as by day, into and upon every ship, boat, or other vessels. 134 [Chap. 47.] The Metropolitan Police Act 1839. [2 & 3 Vict.] Superinten- dent, etc. having just cause to sus- pect felony may enter on board ves- sels and take up suspected persons. Unlawful quantities of gunpowder may be seized. Penalty for having on board guns loaded with ball, or dis- charging guns in the night. Penalty for heating com- bustible matters on board of vessels. vessel (not being- then actually employed in Her Majesty's service) lying in the said river or creeks, or in any dock or docks thereto adjacent, and into every part of every such vessel, for the pur- pose of inspecting and upon occasion directing the conduct of any constable who may be stationed on board of any such vessel, and of inspecting and observing the conduct of all other persons who shall be employed on board of any such vessel in or about the lading or unlading thereof, as the case may be, and for the purpose of taking all such measures as may be necessary for providing against lire and other accidents, and preserving peace and good order on board of any such vessel, and for the effectual 2)revention or detection of any felonies or misdemeanors. 34. It shall be lawful for every superintendent, inspector, or Serjeant belonging to the Metropolitan Police Force having just cause to suspect that anj- felony has been or is about to be com- mitted in or on board of any ship, boat, or other vessel lying in the said river, docks, or creeks, to enter at all times, as well by night as by day, into and upon every such ship, boat, or other vessel, and therein to take all necessary measures for the effectual prevention or detection of all felonies which he has just cause to suspect to have been or to be about to be committed in or upon the said river, docks, or creeks, and to take into custody all persons suspected of being concerned in such felonies, and also to take charge of all property so suspected to be stolen. 35. It shall be lawful for every superintendent or inspector belonging to the Metropolitan Police Force, with such constables as he shall think necessary, at any time between sun-rising and sun- setting, to enter any ship, boat, or vessel (except Her Majesty's ships) in the said river, docks, and creeks, and to search the same for unlawful quantities of gunpowder, and also to exercise the same powers of seizing, removing to proper places, and detaining all such unlawful quantities of gunpowder found on board any such ship, boat, or vessel, and the barrels or other packages in which such gunpowder shall be, as are given to persons searching for unlawful quantities of gunpowder under the warrant of a Justice by virtue of [the Gunpoivder Act 1772] 12 Geo. 3, c. 61.* 36. Every master or commander or other officer of any ship, boat, or vessel (except Her Majesty's ships) who, while such ship or vessel shall lie or be in the lliver Thames between Westminster Bridge and Blackwall, kee}) any gun on board such ship, boat, or vessel shotted or loaded with ball, or cause or permit to be fired any gun on board such ship, boat, or vessel before sun-rising or after sun-setting, shall be liable for every gun so kept shotted or loaded to a j)enalty of five shillings, and for every gun so fired shall be liable to a penalty of ten shillings. 37. Every master or commander or other officer of any such ship, boat, or vessel, or any other person on board of the same, who, while such ship, boat, or vessel shall lie in the said river between Westminster Bridge and Blackwall, shall heat or melt, or cause or permit to be heated or melted, on board such ship, boat, or vessel, any pitch, tar, rosin, grease, tallow, oil, or other combustible matter, shall for every such offence be liable to a jjenalty not more than five pounds. * 12 Geo. 8, c. 61 was repealed by 23 & 24 Vict. c. 139, which latter Act was repealed and replaced by the Explosives Act 1875, ss. 73 & 86. [2 & 3 Vict.] The Metropolitan Folice Act 1839. [Chap. 47.] 135 38. The business and amnscraents of all fairs holden within the I'enalty on metro])olitan police district shall cease at the hour of eleven in fai^s^open the evening, and shall not begin earlier than the hour of six witiiin for- in the morning; and if any house, room, booth, .standing, tent, ^''^^'-•n l^o"'"'^- cai'avan, waggon, or other ])lace sjiall, thiring the continuance of any such lair, be open witliin tlie hours of eleven in the evening and six in the morning, for any ])nrpose of business or amusement, in tlie ])lac(' where such fair sli.-ill be holden, it shall be lawful for any constable to take into custody the jierson having the care or management thereof, and also every jierson being therein who sliall not quit the same forthwith upon being bidden by such constable so to do ; and the ])erson so then having the care or management of any such liouse, room, booth, standing, tent, caravan, waggon, or other place siiall be liable to a penalty not more than five i)0und8, and every person convicted of having been therein, and of not having quitted the same forthwith upon being Ijidden by a constable so to do, shall be liable to a penaltv not more than forty shillings. [_See 31 & 32 Vict. c. lUO.] 39. If it shall appear to the Commissioners of Police that any J^J^'^^ro^."' fair . . . holden within the metropolitan police district has been poutan po- lioldon without lawful authority, or that any ftiir lawfully holden lice district within the said district has been . . . holden for a longer period '"f/*',^. "J" 1 • 1-1111 1 /, • • quired into, than IS so warranted, it shall be competent to such Commissioners to direct one of the superintendents belonging to the Metropolitan Police Force to summon the owner or occupier of the ground upon which such fair is . . . holden to aj)})ear before a Magistrate at a time and place to be specified in the summons, not less than eight days after the service of the summons, to show his right and title to hold such fair, or to hold such ftiir beyond a given period (as the case may be) ; and if such owner or occupier shall not attend in pursuance of such summons, or shall not show to the Magistrate who shall hear the case sufficient cause to believe that such fair has been lawfully holden for the whole period during which the same has been . . . holden, the Magistrate shall declare in writing such fair to be unlawful, either altogether or beyond a stated period (as the case may be) ; and the Commissioners shall give notice of such declaration by causing copies thereof to be affixed on the ]>arish church and on other public places in and near the ground where such fair has been . . . holden; and if, after such notices If f^^^^^a^ed have been affixed for the space of six days, any attemjit shall he ^^^'^j^^ g[^ made to hold such fair if it shall be declared altogether unlawful, to be re- or to hold it beyond the ])rescribcd period if it shall be declared i"oved. unlawful beyond a certain period, the < 'ommissiouers of I'olice may ilirect anv constable to remove everv booth, standins::, and tent, and every carriage of whatsoever kind conveyed to or being upon the ground for the purpose of holding or continuing such fair, and to take into custody every jjcrson erecting, pitching, or fixing, or assisting to erect, ])itch, or fix, any such booth, standing, or tent, and every person driving, accom})anying, or conveyed in every such carriage, and every person resorting to such ground with any t^how or instrument of gambling or amusement : and every j)erson con- victed before a ^Magistrate of any of the oftences last aforesaid shall be liable to a i)enalty not more than ten })0unds. \_Partii omitted {the loord " ustmllt/") rep. 37 & 38 Vict. c. 06 (S.L.R.).^ On entering 40. Provided nevertheless, that if the owner or occupier of the into recog- ground whereon any such fair has been . . . holden shall, when nizance, 136 [Chap. 47.] The Metropolitan Police Act 1839. [2 & 3 Vict.] question as to right of title to fair may be tried in the Queen's Bench. Freemen of Vintners Company subject to certain pro- \nsions. Regula- tions of 9G. 4. c. 61.* respecting public houses to extend to other houses of public resort. Penalty on keepers of cook shops, etc. making in- ternal com- munication with an ad- joining pub- lic house. summoned before the Magistrate, enter into a recognizance in the penal snm of two hundred pounds (which recognizance such Magis- trate is hereby authorized to take) with condition to appear in the Court of Queen's Bench on the first day of the then next term and to answer to any information which Her Majesty's Attorney or Solicitor General may exhibit against such owner or occupier touching his right and title to such fair, and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court, which costs the said Court is hereby authorized to award, then, notwithstanding the Magistrate may have declared such fair to be unlawful, the Commissioners of Police shall forbear from giving notice of such declaration, and from taking anv farther measures thereon, until judgment shall be given by the said Court against the right and title to such fair ; and the Magistrate taking such recognizance shall forthwith transmit the same to one of Her Majesty's principal Secretaries of State, to the end that the same may be filed in the said Court, and such farther directions may be given thereon as to such Secretary of State may seem fit. \_Xote to s. 39 applies^ 41. Every person who by reason of his or her freedom of the mystery or craft of Vintners of the city of London, or of any right or privilege of such mystery, shall claim to be entitled to sell foreign wine by retail, to be drunk or consumed on the premises within the metropolitan i)olice district, without licence, shall be subject to all the provisions of all Acts made for the regulation of persons so licensed (except those provisions which reipiire or refer to the taking out of a licence either from any Justice of the Peace or from the Commissioners of Excise). . . . \_Fart omitted (^pro- visions in cose of offence) rep. hy the Licensing Act 1872, s. 75. 42 — 43. \_Fublic houses to be shut on Sunday mornings, and publicans not to supply to persons tinder sixteen. Rep. by the Licensing Act 1872, s. 75.] 44. . . . Every person who shall have or keep any house, shop, room, or place of public resort within the metropolitan police district, wherein provisions, liquors, or refreshments of any kind shall be sold or consumed, (whether the same shall be kept or retailed therein or procured elsewhere,) and who shall wilfully or knowingly permit drunkenness or other disorderly conduct in such house, shop, room, or place, or knowingly sufi'er any unlawful games or any gaming whatsoever therein, or knowingly permit or suffer ])rostitutes or persons of notoriously bad character to meet together and remain therein, shall for every such ofi'ence be liable to a penalty ot not more than five pounds. . . . \Farts omitted {recital and, proiiso as to licensed victualler) rep. 37 & 38 Vict. c. 96 {S.L.R.), and 53 & 54 Vict. c. 51 (S.L.B.). See also the Licensing Act 1872, 6-. 14.] 45. Every person who shall make or use or allow to be made or used any internal communication between any house, shop, room, or place of public resort not licensed for the sale of wine, spirits, beer, or other exciseable articles within the said district, and any house, sho]), room, or place licensed for the sale ol' wine, spirits, beer, or other excise- able articles, or in which wine is sold by a free Vintner, shall be liable to a penalty not more than ten pounds for every day that such com- munication shall be open. [See also the Licensing Act 1872, s. 9.] * The Alehouse Act 1828. [2 & 3 Vict.] Tin' \h'tropolitn„ Police Act 1839. [Chap. 47.] 137 46. It shall ])(! liiwi'nl for the said Commissioners of Police, by I'ower to order in writiiisortin^Jners em- 1 ^ 1 J- 1 1- • 1 -..1 ■ »i powered to are good grounds tor l)eiieving any house or room, wituin tue authorize metropolitan police district, to be kept or used as a common ^upt'rinten- gaming house, and if two or more householders dwelliuir within the 1- T-> lice to enter said district, and not belonging to the Metropolitan Police l'"rce, ^j^miug shall make oath in writing to be by them taken and subscribed houses. before a iMagistrate, and annexed to the said report, which oath every May-istrate is herebv empowered to administer and receive, that the premises complained of by the superintendent are commonly rejiorted and are believed by the deponents to be kept or used as a common gaming house, it sliall be lawful for the Commissioners, by order in writing, to authorize the superintendent to enter any such house or room, with such constables as shall be directed by the Commissioners to accompany him, and. if necessary, to use 138 [Chap. 47.] The Metropolitan Police Act 1839. [2 & 3 Vict.] force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize and destroy all tables and instruments of gaming found in such house or premises, and also to seize all monies and securities for money found therein ; and the owner or keeper of the said gaming house, or other person having the care and management thereof, and also every banker, croupier^ and other person who shall act in any manner in conducting the said gaming house, shall be liable to a penalty not more than one hundred pounds, or, in the discretion of the Magistrate before whom he shall be convicted of the offence, may be committed to the House of Correction, with or without hard labour, for a time not more than six calendar months ; and upon conviction of any such offender all the monies and securities for monies which shall have been seized as aforesaid shall be paid to the said receiver, to be by him applied towards defraying the charge of the police of the metropolis ; and every person found in such premises without lawful excuse shall be liable to a penalty not more than five pounds r Provided always, that nothing herein contained. shall prevent any proceeding by indictment against the owner or keeper or other person having the care or management of any gaming house ; but no person shall be proceeded against by indictment and also under this Act for the same offence. \_See aho the (jraming Act 1845, s. 2.] 49. [Proof of gaming for money ^ etc., not necessary. Rep. 37 & 38 Vict. c. 96 (SX.R.)r\ _ Penalty on 50. Every pawnbroker within the metropolitan police district^ recehinV^^* and every agent or servant employed by any such pawnbroker, pledges from who shall purchase or receive or take any goods or chattels in pawn persons or pledge of or from any person apparently under the age of sixteen age oVi6^ years shall be liable to a penalty not more than five pounds. Empowering 51. On the application of the minister or churchwardens of any the Commis- church, chapel, or other jjlace of jmblic worship within the metro- PoUce to re- P^litan- police district to the Commissioners of Police, it shall be gniate the lawful for the said Commissioners to make orders for regulating route and the route and conduct of persons who shall drive any cart or carriage, persons^ °^ or who shall drive any cattle, sheep, pigs, or other animals, within driving such parish or place during the hours of divine service on Sunday, stage Christmas Day, Good Friday, or any day appointed for a public cattie^etc ^^^^ *^^' thanksgiving, and any orders which shall be so made shall during the be printed and affixed on or near the church, chapel, or place of hours of public worship to which the same shall refer, and in some con- service spicuous places leading to and contiguous thereto, and elsewhere as the Commissioners of Police shall direct ; and every breach of any such order shall be deemed a separate offence. \_See 30 & 31 Vict, c. 134, *.s. 7, 11, and 12.] Regulations 52. It shall be lawful for the Commissioners of Police from time for prevent, to time, and as occasion shall require, to make regulations for the mg orjstruc- ' , , , , , , ^ ' . , ® tions in the route to be observed by ail carts, carriages, horses, and persons, streets and for preventing obstruction of the streets and thoroughfares during public ^j^hin the metropolitan police district, in all times of public processions, . ,,.i . . . -i .'. , -l . etc. processions, public rejoicings, or illuminations, and also to give directions to the constables for keeping order and for preventing any obstruction of the thoroughfares in the immediate neighbour- hood of Her Majesty's palaces and the public offices, the High Court of Parliament, the Courts of Law and Equity, the police [2 & 3 Vict.] The Metropolitan Police Act 1830. [Chap. 47.] 130 courts, the theatres, and other places of ])ublic resort, and in any case when the streets or thor()nosit the same in some place of safe custody, as a security for payment of -any penalty to which the person havmg had charge thereof may become liable, and for jiayment of any expenses which may have been necessarily incurred for taking charge of and keeping the 144 [Chap. 47.] The Metropolitan Police Act 1839. [2 & 3 Vict.] Persons ap- prehended without warrant to be taken to the station house. Power to take recog- nizances at station houses on petty charges. Power to bind over persons mak- ing charges. Condition of recogni- zance. Penalty for offences for which no penalty is ajjpointed. same ; and it shall be lawful for any Magistrate before whom the case shall have been heard to order such horse, cart, carriage, or boat, or such other animal or thing, to be sold, for the purpose of satisfying such ])enalty, and reasonable ex])enses in default of payment thereof, in like manner as if the same had been subject to be distrained, and had been distrained for the payment of such penalty and reasonable expenses. 69. Every person taken into custody by any constable belongings to the Metropolitan Police, without warrant, except persons detained for the mere purpose of ascertaining their name or residence, shall be forthwith delivered into the custody of the constable in charge of the nearest station house, in order that such person may be secured until he can be brought before a Magistrate, to be dealt with according to law, or may give bail for his appearance before a Magistrate, if the constable in charge shall deem it prudent to take bail in the manner herein-after mentioned. 70. Whenever any person charged with any offence of which he is liable to be summarily convicted before a Magistrate, or with having carelessly done any hurt or damage, shall be, without the warrant of a Magistrate, in the custody of any constable of the Metropolitan Police in charge of any station house during the time when the police courts shall be shut, it shall be lawful for such constable, if he shall deem it prudent, to take the recognizance ol" such person, with or without sureties, conditioned as herein-after mentioned. 71. Whenever any person charged with any felony, or any misdemeanor punishable by transportation, or other grave mis- demeanor, shall be, without warrant, in the custody of any constable of the Metropolitan Police, at any station house, during the time when the police courts shall be shut, it shall be lawful for the constable in charge of the station house to require the persons making such charge to enter into a recognizance conditioned as herein-after mentioned, and upon his or her refusal so to do it shall be lawful for such constable, if he shall deem it prudent, to discharge from custody the jjcrson so charged, upon his or her recognizance, with or without sureties, conditioned as herein-after mentioned. 72. Every recognizance so taken shall be without fee or reward^ and shall be conditioned for the ap])earance of the person thereby bound before a Magistrate of the district in which such station house shall be situated, at his next sitting, and the time and place of appearance shall be specified in the recognizance ; and the constable shall enter in a book, to be kept for that purpose at every such station house, the name, residence, and occupation, of the l)arty, and his surety or sureties (if any) entering into such recognizance, together with the condition thereof, and the sum thereby acknowledged, and shall return every such recognizance to the Magistrate present at the time and place when and where the party is bound to appear. [_ISee also 3 & 4 Vict. c. 84, a. 8.] 73. For every misdemeanor or other offence against this Act for which no special penalty is herein-before appointed, the offender shall, at the discretion of the Magistrate before whom the conviction shall take })lace, either be liable to a penalty not more tlian five pounds, or be imprisoned for any time not more than one calendar month in any gaol or house of correction within the jurisdiction of such Matristrate. [2 (fc 3 Vict.] The Metro /jolitan Police Act \x':\{K [Chap. 47.] 145 74. Provided always, that n()tliiii<; lierein contained shall be Not to repeal construed to prevent anv person from heinj; indicted for any ''^'^"^.^ ^^^^'^ • 1 • .^ 1 1 ji' 1 "-111 • • 1 1 • containing inai(;tabJo oitcnce made j)nnishal)le on summary conviction by tins penalties. Act, or to prevent any jxTson from bein*,' liable under any other Act or Acts to any other or hi;4her penalty or punishment than is provided for such offence by this Act, so nevertheless that no person be punished twice for the same offence. 75. In the construction of this Act the word " Magistrate" shall Meaning of be taken to mean and include vw.vx .Justice of the Peace aitpointed ^''<^ ^'^/'^ 1 TIT • J !• 1 1- ' P ^ 1- .Magistrate, to be a Magistrate oi the police courts oi the metro})()lis. . . . \_Part omitted (as to a Justirc actiny ichcre there in no police court) rep. 3 & 4 Vict. c. 84, s. 1.] 76. Every sucli Magistrate shall be empowered summarily to Offences convict any person charg(Ml with any offence against this Act, on ['r*|^y° ^^ the oath of one or more witnesses or by his own confession, and to award the i)enalty or punishment herein provided for sucli offence ; and the matter of such complaint shall be heard and determined by one of the Justices appointed to be a Magistrate of the police courts of the metropolis at one of the said j»olice courts. . . . \_Part omitted {as to tico Justices acting where there is no police court) rep. 3 & 4 Vict. c. 84, s. 1.]. 77. In every case of the adjudication of a pecuniary penalty or if penalty is amends under this Act, and nonpavmeut thereof, it shall be lawful "«' P^i<^l ^^^ for the Magistrate to commit the offender to any gaol or house may^be'^com- of correction within his jurisdiction for a term not more than one mitted. calendar month, where the sum to be paid shall not exceed five pounds, the imprisonment to cease on payment of the sum due ; and the costs for the recovery thereof, and so much of every such pecuniary p(>nalty as shall not be awarded to the informer or other })ersons who have contributed to the conviction, shall be j)aid to the Receiver of the Metropolitan Police for the purposes of this Act ; and the residue thereof, under the direction of the Magistrate bv whom the same shall have been adjudged, shall be paid and applied either to the use of the informer alone or to the use of such persons as shall have contributed to the conviction of the offender, in such shares and i)roportions as such Magistrate shall think fit. \_See also 2 & 3 ]'ict. c. 71, s. 34.] 78. In the construction of this Act, unless there be something Interpreta- in the context repugnant thereunto, any word denoting the singular tion clause, number of the male sex shall be taken to extenil to any number of persons or things and to both sexes ; and all things herein authorized to be done by the Commissioners of Police of the iMetroitolis mav be done bv either of them. 79. This Act shall be construed as oue Act with the said Act This act^o ])assed in the tenth year of the reigii of Kiuir George the Fourth ^^ V'^?^^!^^? for the Improvement of Police in and near the Metrojtolis ; and c. a. all the provisions of the said Act, except so far as is herein other- wise ])rovided, shall extend to this Act, and to all things done in execution of this Act. 80. [^Act mag be altered this session. l\ep. 37 c^ 3^ \'ict. c. t.»6 {^.L.R.).'] 10 146 [Chap. 71.] The Metropolitan Police Courts Act 1839. [2 & 3 Vict.] ■Continuance of the police courts and Police Magis- trates. Her Majesty in Council may alter the number and situation of the courts. Limiting number of Magistrates. Vacancies to be supplied by Her Ma- jesty from barristers. Appoint- ment of clerks, ushers, door- keepers, and messengers. CHAPTER 71. An Act for regulating the Police Courts in the Metropolis. \2^tk August 1839.] [Preamble rep. 53 & 54 Vict. c. 51 (.S.Z.i?.).] 1. The several police courts now established under the names of the public office in Bow Street, and the police offices in the parishes of Saint Margaret Westminster, Saint James Westminster, Saint Mary-le-bone, Saint Andrew Holborn, Saint Leonard Shoreditch, Saint Mary Whitechapel, and Saint John Wapping-, in the county of Middlesex, and Saint Saviour in the county of Surrey, shall be continued, and the several persons appointed to execute the duties of a Justice of the Peace at the said courts shall continue to execute the same there, and shall be Justices of the counties of Middlesex, Surrey, Kent, Essex, and Hertfordshire, the city and liberty of Westminster, and the liberty of the Tower of London, and Magis- trates of the said courts, during Her Majesty's pleasure. 2. It shall be lawful for Her Majesty, with the advice of her Privy Council, to alter the number of the police courts, and to alter the number of Magistrates appointed to any of the said courts, and to order such changes to be made of the places in which they shall be bolden within the metropolitan police district, as shall be found expedient ; and every such court shall thenceforth be holden in the place in or to which it shall be so ordered to be established or removed : Provided always, that there shall not at any time be more than twenty-seven such Magistrates. \8ee 3 & 4 Vict. c. 84, s. 2.] 3. To supply such . . . vacancies among the Magistrates of the said Courts which Her Majesty shall think fit to supply. Her Majesty may appoint a sufficient number of fit persons each of whom shall have practised as a barrister during at least seven years then last past, or who shall have practised as a barrister for four years then last past, having previously practised as a certificated special pleader for three years below the bar, to be Magistrates of the said courts ; and any person so appointed . . . may act as a Justice of the Peace in and for the said counties and liberties, although he may not have the qualification by estate required of other Justices of the Peace : Provided always, that no person hereafter to be appointed to be a Magistrate of the said courts shall act in his office until he shall have taken and subscribed before some Justice or Baron of one of Her Majesty's Courts of liecord at Westminster the oaths taken and subscribed by Justices of the Peace, except the oath of qualification. [Amended btj the Stipendiary Magistrates Act 1858, s. 14.* Parts omitted {as to existing Magistrates) rep. 37 & 38 Vict. c. 96 {S.L.K). See also the Indictable Offences Act 1848, s. 31.] 4. [^Magistrates, etc., exempt from serving on juries. Rep. 37 & 38 Vict. c. 96 {S.L.R.).] 5. One of Her Majesty's principal Secretaries of State shall fix the number of clerks, ushers, door-keepers, and messengers to assist * S. 11 of the Stipendiary Magistrates Act 1858 (21 & 22 Vict. c. 73) is as follows : "14. It shall be lawful lor Her Majesty to appoint any stipendiary Magistrate acting for any city, town, liberty, borough or jjlace in England or Wales to be a Magistrate of any one of the police courts of the metropolitan police district, although sucli stipendiary Magistrate shall not have practised as a barrister during at least seven years then last past, nor shall have practised as a barrister for four years then last past having previously practised as a certificated special pleader for three years below the bar." £2 & 3 ViCT.J The Metropolitan Police Courts Act 1839. [Chap. 71.] 147 ill carrying on the business of each (;t" the said courts, who shall be a|)])oint('d, and may be dismissed at pleasure, by the Secretary of State ; and the clerks now acting at the said several offices shall be continued the clerks of the said courts during the jileasure of tlie Secretary of State ; and no j)erson shall hereafter be apj)ointed chief •clerk in any of tlie said courts unless he shall ])i' an attorney of one of Her Majesty's superior Courts of Law at Westminster, or shall have served as clerk in one or more of the said police courts or offices, or as clerk to the Justices of any division or sj)e(nal or ]>etty session within the metropolitan p(jlice district, during at least seven years ; and no clerk in any of the said courts shall hold or ihave any other office or employment whatsoever, except any office or employment to wliich any such clerk has been ap]iointed before the passing of this Act with the sanction of the Secretary of State : and every uslier, door-keejier, and messenger a])])ointed to any of the said courts shall be sworn as a constable, but shall only be em])Owered to act as a constable witliin tht' said courts and the precincts thereof, sinless for the protection of the Magistrates or of ])ersons resorting to the court, or, in case of being sworn in as special constables, in any urgent necessity in which the services of any one or more of them may be specially required by an order in writing from the ♦Secretary of State. [6Vv' 3 & 4 Vict. c. 84, s. 7.] 6. \_No Magistrate or officer of the courts to vote at certain elections. Rep. bij the Revenue Offerers iJisabilities Removal Act 1874.] 7. The Receiver of the metropolitan police district for the time Receiver of being shall be the Receiver of the said courts, and shall receive all t^an^Po^ice't fees, penalties, and forfeitures and other monies applicable to the be Receiver purposes of this Act, and shall ])ay quarterly the salaries, expenses, under this .and charges attenduig the said courts and in carrying this Act into '^^*" •execution, . . . and sliall further do all such other lawful matters and things having relation to the business of his office, and towards putting this Act into execution, as from time to time shall be directed ;by one of Her Majesty's ])rincipal Secretaries of State. [Part omitteJ (as to contracts and buildings) rep. 34 & 35 Vict. c. 35, s. 5.*] 8. All the provisions and enactments contained in an Act passed Extension of in the tenth year of the reign of King George the Fourth, intituled JJaJ^erof"*^ "An Act for improving tiie Police in and near the Metro})olis," relative Receiver to the drawing and accounting for monies whicli may come into the when act- hands of the Receiver of the metropolitan \)o\\cq district for the J|Jfs"°c|®^ purposes of that Act, and for auditing the accounts and taking lo g. 4. c. 44. security from the said Receiver, shall be deemed to extend to the said Receiver in respect to all monies which he shall receive under this Act, as fully as if the same were herein enacted ; and with respect to all the powers and liabilities of the said Receiver, or anything to be done by or any contract to be entered into with the said Receiver, the execution of this Act shall be deemed one of the j)urposes of the said Act for improving the l*olice in and near the Metropolis. [_See the Police Act 1890, .«<. 29.] 9. Instead of the salaries heretofore ])ayable to the said ^lagis- Salaries of trates, clerks, and other officers of the said courts, and to the Receiver Keceh^T,^^^' of the metropolitan police district, there sliall be jiayable out of the clerks, and monies in the hands of the Receiver such salaries as Her ]\Iajesty officers, shall direct, the salary to the chief Magistrate not being more than twelve hundred pounds ; and to each of the other ]Magistrates not * Rep. 60 & 61 Vict. c. 26, s. 0. "l48 [Chap. T1.] The Metropolitan Police Courts Act 1839. [2 & 3 Vict.} more than twelve hundred pounds ; and to the Ileceiver not more than one thousand pounds ; and to the chief clerk in each of the said courts not more than five hundred pounds ; and to the second clerk in each of the said courts not more than three hundred pounds ; and the salaries to the other clerks and officers employed in the said courts in due proportion with regard to their several stations and the duties they have to perform ; and such salaries shall be paid quarterly, by equal portions, on the fifth day of January, the fifth day of April, the fifth day of July, and the tenth day of October in every year . . . ; and in case of vacancy in any of the said offices at any intermediate time, the person making the vacancy, or his executors or administrators, shall be entitled to a proportional part of his quarterly salary, according to the time elapsed between the vacancy and the last quarterly payment. [Rep. (as to amounts of salaries of chief Magistrate and Receiver, and Jirst payment thereof^ 37 k, 38 Vict. c. 96 (S.L.R.), {as far as relates to any Police Magistrate) 38 & 39 Vict. c. 3, s. 2, ai^d (as far as relates to salaries of clerks and officers) 60 & 61 Vict. c. 26, .s-. 2. See also 62 & 63 Vict. c. 26, s. 1.] 10. [If civil court for recovery of small debts established, metropolitan Magistrates to take the duties thereof. Rep. 37 & 38 Vict. c. 96 (S.LJi).'] 11. [_Her Majesty may direct an issue from the Consolidated Fund towards the expenses of this Act. Rep. 38 & 39 Vict. c. 3, s. 2.] Time of 12. On every day, excepting Sundays, Christmas Day, Good Friday, or any day appointed for a public fast or thanksgiving, one of the said Magistrates shall attend at each of the police courts established or to be established within the metropolitan police district from ten of the clock in the morning until five of the clock in the afternoon ; and every such Magistrate shall attend at such other times as urgent necessity may require, or shall be directed by one of Her Majesty's ])rincipal Secretaries of State ; and the Secretary of State shall have power from time to time to direct at which court each of the said Magistrates shall attend. [Amended 3 & 4 Vict. c. 84, s. 3. See also 60 & 61 Vict. c. 14, 6\ 1.] Acts directed 13. Where by any law now in being, or by any Act not containing to be done an express enactment to the contrary hereafter to be made, any act bouring^ ' is directed or authorized to be done by any Justice or Justices of the Justice may Peace belonging to any of the said offices, or by any Justice or be done by Justices residing in or near or next the parish or place where any ^^;^q Ail^f. offence or other matter cognizable before him or them shall be S3.1Q iVldgl.V- . Ill' 1 ..-|.. -J '11 trates. committed or shall arise, the same jurisdiction may be exercised by one of the said Magistrates in any of the said courts. One Magis- 14. It shall be lawful for any one of the said Magistrates ap- trate may do pointed or hereafter to be appointed to do alone any act at any of directed to the Said courts, or at any place where Her Majesty shall order any be done by such court to be holden within the limits of the metropolitan police more than district for the time being, which by any law now in force, or by one uh . ^^^^^ j^^ ^^^ containing an express enactment to the contrary here- after to be made, is or shall be directed to be done by more than Except at one Justice : Provided always, that none of the said Magistrates ^^^^y shall be competent to act as a Justice of the Peace, either alone or with any other Justice or Justices, in any thing which is to be done at a Special or Petty Session of all the Justices acting in the division, or by the Justices of any of the said counties or liberties in Quarter Session assembled. attendance of Magis- trates. Sessions. [2 & 3 Vict.] The MetropoUtan Police Courts Art 1839. [Chap. 71.] 149 15. The said Mafjjisfrates, or so many as may be able to attend, MaKistrates shall meet to<^ether once in everv nuarter oi' a vear at snch time and ^^ °^f^^ , 1 i- IT T»T • » ' • ■ 1 < ' • /• £. quarterly for place as one ot ller Majesty s pnneijial (Secretaries ot State shall reporting to a])})oint ; and the chief Maloyed such other person to convey the same, and shall be liable to a jjenalty of not more than five pounds, or, in the discretion of the Magistrate, may be imprisoned in any gaol or house of correction within the metropolitan j)olice district, with or without hard labour, for any time not exceeding three calendar months. * S, 7 of the stipendiary I^Iagistrates Act 1858 (21 & 22 Vict. c. 73) is as follows : " 7. In every case in which any person shall be brought before any Police Jlagistrate, or any two ^lagist rates acting within the said metropolitan police district, for any place witliin which no poHce court shall have been established, for any offence under s. 21 of 2 i: ?, Vict. c. 71, such Police Magistrate, or such Magistrates, acting in and for such place, may hear and determine the matter, and in case of convietion maj' commit the offender to be imprisoned in any gaol or house of correction in and for the county, liberty or place in which such offence shall have been committed, though not within the said metropolitan police district, and with or without hard labour for any time not exceeding two calendar months, and in their discretion without the infliction of any tine in default of payment of which such imprisonment might be adjudged." 152 [Chap. 71.] The Metropolitan Police Courts Act 1839. [2 & 3 Vict.] Power to order deli- very of goods stolen or fraudu- lently ob- tained, and in possession of brokers and other dealers in second-hand property. For remov- ing doubts as to order- ing the restoration of property unlawfully pawned, etc. Power to award costs on hearing of charges. Amends may be awarded for frivolous informations. Penalty on common informers for compounding informations. 27. If any goods shall be stolen or unlawfully obtained from any person, or, being lawfully obtained, shall be unlawfully deposited, pawned, pledged, sold, or exchanged, and complaint shall be made thereof to any of the said Magistrates, and that such goods are in the possession of any broker, dealer in marine stores, or other dealer in second-hand property, or of any person who shall have advanced money upon the credit of such goods, within the metropolitan police district, it shall be lawful for such Magistrate to issue a summons or warrant for the appearance of such broker or dealer, and for the production of the goods, and to order such goods to be delivered up to the owner thereof, either without any payment, or upon payment of such sum and at such a time as the Magistrate shall think fit ; and every broker or dealer who, being so ordered, shall refuse or neglect to deliver up the goods, or who shall dispose of or make away with the same after notice that such goods were stolen or unlawfully obtained as aforesaid, shall forfeit to the owner of the goods the full value thereof, to be determined by the Magistrate : Provided always, that no such order shall bar any such broker or dealer from recovering possession of such goods by suit or action at law from the person into whose possession they may come by virtue of the Magistrate's order, so that such action be commenced within six calendar months next after such order shall be made. 28. ... It shall be lawful for any Magistrate to order that any goods unlawfully pawned, pledged, or exchanged which shall be brought before him, and the ownership of which shall be established to the satisfaction of such Magistrate, shall be delivered up to the owner by the party with whom they were so unlawfully pawned, pledged, or exchanged, either without compensation, or with such compensation to the party in question as the Magistrate may think fit. [Part omitted (^recital) rep. 53 & 54 Vict. c. 51 (xS'.L./t'.).] 29 — 30. {Power to order delivery of stolen goods, etc., and sale of unclaimed stolen goods. Rep. hg the Police {Property') Act lcS97. See ibid. s. 2.] 31. It shall be lawful for anv Mao-istrate who shall hear and determine any charge or complaint, whether or not a warrant or summons shall have been issued in consequence of such charge or complaint, to award such costs as to him shall seem meet, to be paid to or by either of the parties to the said charge or complaint. 32. . . . In every case in which any information or complaint of any offence shall be laid or made before any of the said Magistrates, and shall not be further prosecuted, or in which, if further })rosecuted, it shall appear to the Magistrate by whom the case shall be heard that there was no sufficient ground for making the charge, the Magistrate shall have power to award such amends, not more than tiie sum of five pounds, to be paid by the informer to the party informed or complained against, for his loss of time and expenses in the matter, as to the Magistrate shall seem meet. [Part omitted {recital) rep. 53 & 54 Vict. c. 51 {S.L.P.). See also the Summary Jurisdiction Act 1848, s. 18.] 33. In case any person shall lodge any information before any of the said Magistrates for any offence alleged to have been committed by which he was not personally aggrieved, and shall afterwards directly or indirectly receive, without the permission of one of the said Magistrates, any sum of money or other reward for compound- ing, delaying, or withdrawing the information, it shall be lawful for any one of the said Magistrates to issue his warrant or summons, as [2 & 3 Vict.] The mtropollfan Police CoarU Act 1839. [Chap. 71.] 153 he may dcfiii bost, for l)riii^nii<^ Ix'foro him the parfy charjred with tlie oflciicc olsiic.h coiuixMiiKliiii;-, (hday, or withdrawal ; and it" Kuch offence be proved by the confession of the party, or by the oath of any credilde witness, such informer shall be liable to a penalty not more than ton ])onn(ls. 34. . . . Wheru by any Act now in force or hereafter to be passed I'ower to a moiety or other fixed portion of the penalty or j)enaltie8 gifare^of "^ thereby imposed is or shall be directed to be i)aid to the informer, informers, not bein<; the J)arty ae liad to reduce or lessen such penalty or term of imj)risonment in such manner as he may think fit : Provided always, proviso a.s that no i)enaltv for the infringement of anv Act relating to the to Revenue revenue of customs or excise, stamps or taxes, shall be reduced • "by any such Magistrate below the amount or pro])ortion allowed in that behalf by the Act or Acts sj)ecially relating thereunto without the consent of the Commissioners of Customs or Excise or Stamps and Taxes respectively. [^Part omitted (recital) rep. 53 & 54 Vict. c. 51 <(S.L.P.). See also fJie Snmmanj .Jurisdiction Act 1879, s. 4 et seq.~\ 36. Any one of the said Magistrates, if he shall think fit, may power to remand any person for further examination, or may suffer to go at remand or large any person who shall be charged before him with anv felonv ^"'''^'■&*^ P^"'- or misdemeanor ui)on his personal recognizance (with or without i-eco^ni- «ureties) : and every such recognizance shall be conditioned for the zances. appearance of such ])erson before the same or some other of the said Magistrates, for further examination, or to surrender himself to take his trial at the Central Criminal Court, or at a Court of General or <^uart('r Sessions, at a day and ])lace to be therein mentioned; and the Magistrate shall be at liberty from time to time to enlarge every such recognizance to such further time as he shall a])point ; and every such recognizance which shall not be enlarged shall be dis- ■charged, without fee or reward, when the party shall have appeared according to the condition thereof: Provided always, that whenever any Magistrate shall take the recognizance of any person to a))pear at the Central Criminal Court, or at a Court of General or Quarter Sessions, the Magistrate shall be bound to return the depositions taken in the case, and to bind over the witnesses to a]ipear and give •evidence, in like manner as if he had committed the party to take his trial at such court. '^Amertded 3 ct 4 Met. r. 84, s. 0.] Disputes 37. All dirterences, complaints, and (lis})utes which shall ha})})en about wages between any bargemen, lightermen, watermen, ballastmen (except f"r labour Trinity balfastmen), coal-whip]iers, coal porters, sailors, lumpers, ^l*^.'^^^ °"^^^"^ •riggers, shi[)wrights, caulkers, or other labourers who work for hire (except by in or upon the Kiver Thames, or the docks, creeks, wharfs, quays, or Trinity bal- places adjacent, not being in the city of London or the liberties i"f\'J?t'J'ied by thereof, and the owners, masters, or commanders of vessels, or their M.asristrates, agents, on the said river, or the docks or creeks thereunto adjoining, provided the or the owners, wharfingers, or occupiers of such wharfs or ,5 the payment of money, or tlie ])erformanee of any aet ])y tlie owner thereof, it shall he lawful for sueh Ma;^M.strate to order tlie ^^oods to 1)6 delivered to the owner thereof, either alisolutely or upon tender of the amount ap])earing to Ite due })y such owner (which amount the Magistrate is herel>y authorized to determine), or upon jjerform- ance or ujjon tender and refusal of the performance of the act for the performance whereof such goods are detained as security, or if such act cannot be performed, then upon tender of amends for non- ])erformance thereof (the nature or amount of which amends the Magistrate is liereby authorized to determine); and every person who shall neglect or refuse to deliver up the goods according to such order shall iforfeit to the party aggrieved the full value of such goods, not greater than the sum of fifteen pounds, such value to be determined by the Magistrate : Provided always, that n(» such order shall bar any person from recovering possession of the goods or money so delivered or forfeited, by suit or action at law, from the person to whose possession such goods or money shall come by virtue of such order, so that such action lie commenced within six calendar months next after such order shall be made. 41. If the guardians of the j)oor of any union or ]iarisli, or the in case anv churchwardens and overseers of the poor of any ])arisli, within the house be in metropolitan police district, together with the medical officer for lln'whok^ome any sucli parish or union, shall be of opinion, and shall certify under contUtion, the hands of two or more of such guardians, churchwardens, or the Magis- overseers, and also of such medical officer, that any house or part of ^^de^j.™j^J any house within such union or parish is in such filthy and unwhole- same to be some condition that the health of the inmates or of the public is cleansed, thereby afiected or endangered, it shall be lawful for any ^lagistrate acting within the district in which such union or parish is situate, if he shall think fit, to cause notice to be affixed on the door or other conspicuous part of such house, recjuiring the occupier or occupiers of such house or part thereof to appear before him to answer such com]»laint, or to cause the same to be cleansed within seven days from the date of affixing such notice ; and if within the said seven days such house or part thereof shall uot be cleansed to the satisfaction of such medical officer, and if such occupier or occupiers being duly summoned shall uot appear before the Magis- trate, and show sufficient cause to the contrary, such Magistrate is hereby empowered, on proof thereof, to issue an order under his hand and seal to the guardians of the poor or the churchwardens and overseers aforesaid, to cause such house or part tuereof to be cleansed, at the expense of such occupier or occupiers, and to cause the amount thereof to be levied, in case of nonj)ayment, by distress and sale of the goods and chattels of such occu})ier or occupiers, by warrant under the hand and seal of such ^Magistrate. [See also 04 k 55 Vict. c. 76, 6\ 2, ami 4 Edic. 7, c. ccxliv. .s. 2i».] 42. Neither any Justice of the Peace for any of the said counties, Xo otber or for the city and liberty of Westminster, or liberty of the Tower of J"jt'ce shall London, not being one of the said ^lagistrates, nor the clerk of any vsitTiinthe such Justice, nor any person on his behalf, shall directly or iniiirectly, police upon any pretence whatever, take any fee or recom])ence for any act district. by him or them done or to be done as Justice of the Peace or clerk as aforesaid within any ])art of the metrojiolitan j)olice district for which a police court shall have been established under the authority of this Act, upon pain of forfeiting the sum of one huntlred jiounds Penalty, for every such ofieuce, one moiety thereof to the said Keceiver, to ^^^- 156 [Chap. 71.] The Metropolitan Police Courts Act 1839. [2 & 3 Vict.] Table of fees to be hung up. Accounts to be kept of fees and forfeitures received and delivered quarterly to the Receiver, and the amount thereof paid to liim. Certain penalties and forfei- tures reco- vered to be paid to the Keceiver. be applied to the purposes of this Act, and the other moiety thereof, with full costs of suit, to the person who shall sue for the same iu any of Her Majesty's Courts of Record at Westminster ; but this enactment shall not be construed to extend to any fees taken at any General or Quarter Sessions of the Peace, or at any meetino^ of Justices for the purpose of licensing alehouses, or for the purpose of in([uiring into the legal settlement of any person a])plying for parochial relief, and making suspended orders of removal, or to any fees taken at any Special or Petty Sessions of the Justices in respect of business which must be transacted at such Special or Petty Sessions, or to any fees taken by any vestry clerk, or by the clerk to the overseers of any parish, for the purpose of enforcing the payment of any rates or taxes arising within the same parish. 43. Notwithstanding any thing herein-before contained, such fees as are contained in the Schedule (A.) to this Act annexed may be taken by any of the said Magistrates or by any Justice or Justices acting in any of the said courts ; and a table of such fees shall be fixed in some consjHcuous part of each of the said courts ; and it shall be lawful for any of the said Magistrates to refuse to do any act for which any fee shall be demandable unless such fee shall be first paid ; and that if any such act shall be done, and the fee due thereon shall not be jjaid, it shall be lawful for any of the said Magistrates to summon the person from whom such fee shall be due, and to make order for payment of the same, with the costs of the proceedings, and in default of payment to levy the same, with the costs of the distress, bv warrant under his hand. \_Siiperseded (as to table of fees) 60 & 61 Vict. c. 26, s. 2 (2).] 44 — 45. {Proceedings before Magistrates and recovery of penalties, etc., rep. by the Summary Jurisdiction Act 1884, s. 4.] 46. The Magistrates at each of the said courts shall take care that one of their clerks shall, in books to be provided for that purpose, keep a full, true, and particular account of all fees taken and received thereat, together with all penalties and fnfeitures which shall have been recovered, levied, or received in pursuance of any adjudication, conviction, or order had or made thereat, or any process or warrant issuing therefrom, to which books of account the said Receiver shall at all times have free access ; and the said Magistrates shall . . . cause to be delivered to the Receiver an account of all such sums received, with all proper vouchers for verifying the same, and shall cause the amount of all such sums to be paid to the Receiver, to be applied by him towards the expenses of the said courts except fines imposed upon drunken persons, or upon constables for misconduct, or for assaults upon police con- stables, which shall be applied for the benefit of " The Police Superannuation Fund," and except also fees for the execution of summonses and warrants. . . . \Parts omitted (as to quarterly accounts and application of fees) rep. 53 & 54 Vict. c. 45, s. S6,a7id 60 & 61 \'ict. c. 26, s. 9.] ' 47. Where by an Act or Acts any penalties or forfeitures, or shares of penalties or forfeitures, are or shall hereafter be made recoverable in a summarv manner before anv Justice or Justices of the Peace, and by such Act or Acts respectively the same are or shall be limited and made payable ... to any body corporate, or to any person or i)ersons whomsoever, save the informer who shall sue for the same, or any party aggrieved, in every such [2 & 3 Vict.] 'ne Metropolitan Police Courts Act lb3U. [Chai-. 7].] 157 case the same, if recovered or adjudged before any of the said Ma<(istrates, shall be recovered for and adjudged to be j)aid to the said Receiver for the time being, and not to any other person ; but N'ot to this enactment shall not extend to any i)enalties or forfeitures p]^|^"fjj^° recovered under any Act relating to the Customs, or to trade or uuder Keve- navigation, and sued for by the direction of the Commissioners ofnueActs. Her Majesty's Customs, wliicii shall be paid to such ])erson as the said ( 'oinniissioners shall direct to receive the same. [ II'o/y/.s omitted (" to llcr Majcstij or ") rejj. m k 01 Vict, c 2(i, a. U.] 48. [^Forms of information, etc. Hep. ij the Sum,mari/ .Jurisdic- tion Act 1884, s. 4.] 49. No information, conviction, or other ])roceeding before or by Conviction, any of the said Magistrates shall be quashed or set aside, or adiudged *^^^- ^^'^^^ ^^ • 1 . Y. • ^ ^- ^ X' /• 1 11 X- • quashed for void or msumcient, lor want ot lorm, or be removed by certiorari informality, into Her Majesty's Court of Queen's Bench. etc. 50. In every case of summary order or conviction before any of -^PP^^^^'' the said ]\Iagistrates, in which the sum or j)enalty adjudged to be Session*., paid shall be more than three jjounds, or in which the penalty adjudged shall be im])risonment for any time more than one calendar month, any person who shall think himself aggrieved Ijy the order or conviction may a])peal to the Justices of the Peace at the next General or Quarter Sessions of the Peace . . . ; and it shall be lawful for the Magistrate by whom such order or conviction shall have been made to bind over the witnesses who shall have been examined, in sufficient recognizances, to attend and be examined at the hearing of such apj)eal, and that every such witness, on producing a certificate of his being so bound, under the hand of the Magistrate, shall be allowed compensation for his time, trouble, and expenses in attending the appeal, which comi)ensation shall be paid, in the first instance, by the treasurer of the county, in like manner as in cases of misdemeanor under the provisions of an Act passed in the seventh year of the reign of King George the Fourth, intituled 7 G. \. c. 04. "An Act for improving the Administration of Criminal Justice in England " ; and in case the ai)]>eal shall be dismissed, and the order or conviction atfirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the Court, shall be repaid to the treasurer of the county by the ai)j)ellant. \_Part omitted {as to recognizances) rep. by the Summart/ Jurisdiction Act 18«4, s. 4.] 51. AVhen any distress shall be made for any money to be levied Distress not by virtue of the'warrant of any of the saitl Magistrates, tlie distre^s '^'^^^'^f ^^^ shall not be deemed unlawful, nor shall any party making the same foVm. be deemed a trespasser, on account of any detect or want of form in the information, summons, warrant of a]>prehension, conviction, warrant of distress, or other j)roceeding relating therett.), nor shall such party be deemed a trespasser from the beginning on account of any irregularity which shall be afterwards committed by him, but all persons as:*J:rieved bv such defect or irregularitv mav recover full satisfaction for the sjiecial damage by an action on the case. \_J\('p. {so far as relates to a conviction or order) by the Summary Jurisdiction Act 1884, s. 4. See also the Summan/ Jurisdiction Act 1879, 56\ 21, 39, a/ir/43.] 52. \_Plaintif not to recover after tender of amends. Rep. 57 & 58 Vict.c. m\S.LJ^.).'\ 158 [Chap. 84.] The Metropolitan Police Courts Act 1840, [3 & 4 Vict. This Act to be con- strued with 10 G. 4. c. 44. 2 & 3 Vict. c. 47. Certain Pro- visions of this Act not to extend to the laws of customs, excise, stamps, and taxes, or post oflice. 63. {Limitation of actions. Rep. hy the Public Authorities Protec- tion Act 1893.*] 54. {Commencement of Act and repeal q/3& 4: Wm. 4, c. 19. Rep. 37 & 38 Vict. c. 96 (S.L.R.).'] 55. This Act and an Act passed in the tenth year of the reign of King George the Fourth, intituled " An Act for improving the Police in and near the Metropolis," and also an Act passed in the present session of Parliament, intituled " An Act for further improv- ing the Police in and near the Metropolis," shall be construed together as one Act. 56. Provided always, that in any proceedings under any Act or Acts relating to the customs, excise, stamps, taxes, or post office, nothing herein contained shall extend to prevent any penalties awarded by any one of the said Magistrates from being recovered and adjudged to be paid as if this Act had not been passed, or to give any appeal from any conviction under any such Act or Acts where such appeal is not given by the Act or Acts specially relating thereunto. 57. [Act may he amended this session. Rep. 37 & 38 Vict. c. 96 {S.L.R.).^ Schedule (A). {Table of Fees. Superseded 60 & 61 Vict. c. 26, s. 2 (2).] Schedule (B), {Forms of Information and Conviction. Rep. 51 & 52 Vict. c^.^Ti (S.L.R.).'] 3 & 4 VICTORIA. A.D. 1840. Queen in Council may constitute police court divisions, and define and alter their extent and number. Limiting number of magistrates. CHAPTER 84. An Act for bettee defining the Pow^eks of Justices within the Metropolitan Police District. {Itk August 1840.] {Preamble, reciting 2 & 3 Vict. c. 47, ss. 75, 76, rep. 53 & 54 Vict. c. 51 {S-LM.).] 1. {Repeal ifi part of 2 & 3 Vict. c. 47, ss. 75, 76. Rep. 37 & 38 Vict. c. 96 {S.L.Li.).'] ' 2. It shall be lawful for Her Majesty, with the advice of Her Privy Council, from time to time to constitute within the metro- politan police district so many police court divisions as to Her Majesty shall seem fit, and to define the extent thereof, and from time to time to alter the number and extent of such police court divisions, and to assign a division to each of the police courts already established, and to establish a police court for each of the other divisions : Provided always, that nothing in this Act contained shall be construed to restrain the Police Magistrates ai)pointed to the said courts from acting in all places within the limits of their commissions as fully in all respects as if this Act had not been made; and be it further provided, that there shall not be more than twenty-seven Magistrates appointed to execute the duties of Justices of the Peace at the said courts. {See 2 & 3 Vict. c. 11, 6'6'. 1 & 2.] . . * See Appendix. [3 & 4 Vict.] The Metropolitan Police Courts Act 1840. [Chap. 84.] 159 3. [Rt'cital 0/2 & ;} Vict. c. 71, s. \'Z.] . . . 8o luncL of the last- «o much of recited Act as requires the daily attendance of one of the said ^ ^j s^^tq- Magistnites at each of the said courts shall be taken to apply only to quires the the ])olice courts now established in Bow Street, and in the parishes <^>aiiy atten- of Saint Margaret AVestniinstcr, Saint James Westminster, Saint \^^\[^\^. Marylcltone, Saint Andrew llolhorn, Saint Leonard Shoreditch, Saint gistrate at Mary Whitechapel, and Saint dohn of Wapping, in the county of the courts Middlesex, and Saint Saviour in tiie county of Surrey, and shall con- ^I^^yI^J^ ^ tinue to a])))ly to the said courts, wheresoever they may from time courts to time be holden or removed to within the metropolitan police alr^^ady district. [Part omitted {as to recital) rep. 53 & 54 1 let. c. 51 (.S'. /..A'.).] estabhshed. 4. It shall be lawful for Her Majesty, if she shall think fit, with I'olice Ma- the advice of her Privv Council, to order that a Police Maojistrate fe'i'^trates or Magistrates shall attend regularly at any police court or courts ordered to hereafter to be established, either daily or on such days and times as attend at Her Majesty, by the advice aforesaid, sluill order; and it shall ])e other courts, lawful for Her Majesty, from time to time, with the advice aforesaid, to alter or rescind any such order. 5. Every Order in Council, either for constituting or altering a Orders in police court division, or for assigning a division to the police P"""'['.l^° ■courts already established, or for establishing or removing a in the police court, or for ordering the regular attendance of a Police Uazette. Magistrate or Magistrates at any police court or courts, or for altering or rescinding any such order, shall be published in the London Gazette, and shall take effect from the time appointed for that purpose by the said order. 6. Any two Justices of the Peace having jurisdiction within the Any two metropolitan police district shall have, while sitting together ^"^"^^^5!^ ?|^^ publicly in the court or room used for holding Special or Petty authority of Sessions of the Peace in any part of the said district within the ^ Police limits of their commission, except in the divisions to be assigned •^^^gi'^trate. to the i)olice courts already established, and any two Justices of the Peace for the citv of London and the liberties thereof, having Jurisdiction within the city of London and the liberties thereof, shall within the said city of London and the liberties thereof have all the j)owers, j)rivileges, and duties which any one Magistrate of the said police courts has while sitting in one of the said courts by the two recited Acts of the last session of Parliament or either of them: Provided always, that whenever a new jtoliee court shall Proviso, have been established within the metropolitan police district, and a division assigned to such court as aforesaid, such Justices shall not act in that division, in the execution of the two said Acts or either of them, elsewhere than at sucli Court : and that at every police court at which the regular attendance of a Police ^Magistrate shall have been ordered by Her Majesty as herein-before provided the Police Magistrate while present in such Court shall act as the. sole Magistrate thereof. 7. So much of the last-recited Act as provides that no clerk in Application anv of the iiolice courts shall hold or have anv other office or "^^ .^''^"'^^'^^, employment wliatsoever, excej)! as therein excej)ted, shall be taken employment to apply only to the police courts now established. [-St'^^ »fc 3 Vict, of clerks. c. 71, s. 5.] 8. Every recognizance taken at any station house of the Form of re- Metropolitan Police Force situated in a division in which a Police cognizance, 160 [Chap. 84.] The Metropolitan Police Courts Act 1840. [3 & 4 Vict.] information, and convic- tion. Extension of power to en- large pri- soners on recogni- ance. Militia bal- lotting lists to be made out by police constables. 42 G. 3. c. 90. Penalty for obtaining money by threatening information. Magistrate is not in daily attendance sliall be conditioned for the appearance of the person thereby bound before the Magistrate or Justices acting in the division, at his or their next sitting ; and every such recognizance shall be returned to the Magistrate or Justices present at the time and place where the party is bound to appear. . . . [Fart omitted (as to forms in schedule) rep. htj the Summary Jurisdiction Act 1884, s. 4.] 9. Whenever any person shall be charged before any Police Magistrate or before any two Justices, at any police court within the metropolitan police district, with any felony or misdemeanor for which he is liable to be committed to take his trial at the Assizes to be holden for any of the counties of Essex, Hertford, Kent, or Surrey, it shall be lawful for such Police Magistrate or for such Justices, if he or they respectively shall think fit, to suffer such person to go at large upon a recognizance conditioned for surrendering himself to take his trial at such Assizes, in like manner as such recognizance may be taken for his surrender tO' take his trial at the (Jentral Criminal Court, in cases where he is liable to be committed for trial at the Central Criminal Court ; and every such recognizance shall be within all the provisions of the last-recited Act relating to recognizances for surrendering to be tried at the Central Criminal Court, \_8ee 2 & 3 Vict. c. 11, s. 36.] 10. All proceedings within the metropolitan police district relating to the serving of notices, and the procuring and making out of the returns of the persons liable to serve in the Militia, and the preparing and making out of the lists of the persons liable to be ballotted for the Militia, and all other things, by an Act jjassed in the forty-second year of the reign of King George the Third, intituled " An Act for amending the Laws relating to the Militia in England, and for augmenting the Militia," or by any other Act relating to the Militia, directed to be done by the high and other constables for the time being, shall be done within the said district by the constables of the Metropolitan Police Force, or by such of them as shall be from time to time specially appointed for that purpose by the Commissioners of Police. \_Rep. (so far as it relates to returns and lists under the Militia Act 1832) 37 & 38 Vict, c. 96 (S.L.R.).'] 11. Any person who shall obtain any sum of money or other reward from any person within the metropolitan police district by threatening directly or indirectly to lodge any information or make any complaint before any Magistrate, Justice or Justices, for any misdemeanor, or as an inducement for forbearing to lay such information or make such complaint, shall, on conviction of the offence before one of the Police Magistrates, or before any twO' Justices of the Peace, either by his own confession or by the oath of any credible witness, be liable to a penalty not more than ten pounds. 12. \_Ajjpeal to the Police Magistrates from proceedings at the leet concerning iceights and. measures. Not noic applicable tO' London. See the Weights and Measures Act 1889, s. 16.*] * S. 16 of the Weights and Measures Act 1889 is as follows : " 16. . . . The inspectors of weights and measures appointed by the London County Council shall. alone within the whole of the county of London, exclusive of the city of London,, have the powers and discharge the duties of inspectors of weights and measures, appointed under the principal Act. ..." [3 & 4 Vict.] The Metropolitan Police Courts Act 1840. [Chap. 84.] 161 13. Xone of the Police IMafi^istrates within tlie metropolitan Giving pos- pulice district shall be re([nire(l to go npou any deserted lands, Tf'^'^" ?^ tenements, or hereditaments, for the pnrpose of viewing the same premises, or affixing any notices thereon, or of putting the landlord or landlords, lessor or lessors into the possession thereof, under the provisions of an Act passed in the eleventh year of the reign of King George the Second, intituled "An Act for the more effectnal H S.L.i?.).] 10. It shall not be lawful for any person to act as driver of any hackney carriage, or as driver or conductor of any metropolitan stage carriage, whether such person shall or shall not be the proprietor of such carriage, . . . within the limits of this Act, unless in each case such person shall have a licence so to do, and a numbered ticket granted to him under the authority of this Act, and remaining in force; and every person who shall act as such driver or conductor . . . without such licence and ticket, . . . and also every person to whom a licence and ticket shall have been* granted, who shall, except in compliance with the provisions of this- Act, transfer or lend such licence, or permit any other person to- use or wear such ticket, shall for every such offence forfeit the sum of five pounds ; and every proprietor who shall knowingly suffer any person not duly licensed undsr the authority of this Act to- act as driver of any hackney carriage, or as driver or as conductor of any metropolitan stage carriage, of which he shall be the pro- prietor, shall for every such offence forfeit the sum of ten pounds : Provided always, that nothing herein-before contained shall subject to any penalty any proprietor who shall employ any unlicensed person to act as such driver or conductor as aforesaid for any time not exceeding twenty-four hours, or any unlicensed person who shall be so employed for the said time, upon proof being adduced by the proprietor, to the satisfaction of the Justice of the Peace before whom such proprietor, driver, or conductor shall be required to attend to answer for such offences respectively, that such employ- ment was occasioned by unavoidable necessity; and that every proprietor who shall so employ such unlicensed driver or conductor, and every such unlicensed driver or conductor, shall be subject to all the powers, provisions, and proceedings of and under this Act or the said recited Act of His late Majesty for any act done by such driver or conductor during such employment, in like manner as if such driver or conductor had been duly licensed. [Parts omitted (as to watermen) rep. 37 & 38 Vict. c. 96 (S.L.R.). See also 32 & 33- Vict. c. 115, 6-. 8.] 11 — 13. [As to watermen. Rep. 37 & 38 Vict. c. 96 (>S'.L.7?.).] 14. Before any such licence as aforesaid shall be granted a requisition for the same, in such form as the said * registrar shall from time to time appoint for that purpose, and accompanied with such certificate as herein-before is required, shall be made and signed by the person by whom such licence shall be required ; and in every such requisition all such particulars as the * registrar shall require shall be truly set forth ; and every person applying for or attempting to procure any such licence who shall make or cause to be made any false representation in regard to any of the said particulars, or who shall endeavour to obtain a licence by any forged recommendations, or who shall not truly answer all questions which shall be demanded of him in relation to such application for a licence, and also every person to whom reference shall be made who shall, in regard to such application, wilfully and knowingly make any misrepresentation, shall forfeit for every such oftence the sum of five pounds ; and it shall be lawful for the * registrar to proceed for recovering of such penalty before any Magistrate at any time within one calendar month after the commission of * See footnote on s. 7. [G& 7 Vict.] The I.ondon Hackney Carriages Act 1843. [Chap. 86.] 105 the offence, or during the currency of the licence so improperly obtained. 15. As often as any driver or cotuUictor . . . shall chanp^e his Notice to lie place of abode lie shall ^nve notice thereof in writing, signed by him, *-''^'<:" ^^ to the said * registrar, sj)ecifying in such notice his new place of duc7o7s,Tnd abode, and shall at the same time produce his licence to the said watermen of •registrar, who shall endorse thereon a memorandum specifying ^"J' ^^^"^e the })articulars of such change; and every driver, conductor, . . Z''^^'"''^^- who shall change his place of abode, and shall neglect for two days to give notice of such ciiange, and to produce his licence in order that such memorandum as aforesaid may be endorsed thereon, shall forfeit for every such olfence the sum of twenty shillings ; and it siiall be lawful for the * registrar, or for any person employed by him for that purpose, to sue for such penalty at any time during the currency of such licence. . . . [Parts omitted (as to account by proprietor^ ami watermen) rep. 87 ., the driver of the hackney efirrinii'e, Police District - number [or the driver or conductor of the to wit. J meti'opolituu stage carriage, number ], on the day of was duly convicted of a ceitaiu offence, for that \_here i^tate the ojfenre'], whereby he hath l)een jidjndged to forfeit the sum of over and a})Ove the sum of foi- the costs aud charges of the informer, making together the sum of which hath not been i)aid by the said driver [or conductor], nor by any person on his behalf: And whereas, according to the statute in that l)eluilf made, tlic said 7:'./'., the j)r(>prietor of the said carriage, hath been rei^uired to pay the said sum of ' which he hath neglected and refused to do : Therefore I command you to levy the said sum of by distraining the goods and chattels of the said R.F., the said ])roprietor ; and if within the space of five days next after sut;h distress taken the said sum of together with the reasonable costs and charges of taking and keeping such distress, shall not be paid, then I order aud direct that you shall sell and dispose of the said goods and chattels which shall be so distrained, taken, and seized as aforesaid, and shall levy and raise thereout the said sum of and all reasonable costs and charges of taking and keeping and selling such distress, rendering the overplus (if any) to the owner of the said goods and chattels ; and you are to certify to me what you shall have done by virtue of this my warrant. Given under my hand and seal the day of (Signed) One of the Police Magistrates of the metropolis, [or One of Her Majesty's Justices of the Peace for ] No. 3. Form of W'crrrant of Commitment of the Proprietor of a Hackney Carriage or Metropolitan Stage Carriage for Want of a sufficient Distress tvhereon to levy the Penalty in which the Driver or Conductor of such Carriage has been convicted. To A.B. of, roportion of the cost of constructing such proposed embankment and. roadway should be contributed by owners of or parties interested in the tenements situated on the river frontage along which the said em- bankment and. roadway would pass, and that certain of such parties were willing to conti-ibute accordingly ; and that the said Commis- sioners had caused surveys, plans, and designs to be made of the said intended embankment, roadway, and street, and of the said, intended bridge and the approaches thereto ; and that such surveys, planSj * See also 15 & 16 Vic^ c. 71, and 16 & 17 Vict. c. 87. TA p imr -1 The Thames Embankment and m^.^ on i tt-t [9 & KJ Vict.] ^^^^^^^^ ^^^. .^^^^ ^^^ 1^4g_ [Chap. 39.] 177 and designs had been ajjpi'oved b>j the i'omtnissi oners of Her Ma jest]/ s Treaaury.'] 1. [^Commissioners of Her Majestfs Woods, Forest'^, Land Revenues, Worh.n, and Build inys constituted a corporation by the name of " The Comrnis-v. oners of Her Majesty s Woods, Forests^ Land Revenues, Works, and Jiaildiiiys'" to carry Act into effect. Spent.'] 2. [Commissioners for issuing Exchequer Bills for Public Works to advance money to be secured on tolls for purposes of the Act. Spent.] 3. And he it enacted, that . . . it shall he lawful for the said ^^'*^«="^ ^^e- Commissioners for executing this Act to construct and complete an ^n'tdbut^ons embankment and roadway along the north hank of the River Thames aro approved from Battersea Bridge to Vauxhall Bridge, and it shall he lawful ^'y 'he Trea- for the said ( 'ommissioners at any time ... to construct and cf>m])lete rj^^^siorTe"" a bridge across the said river from a j)oiut near to (Jhelsea Hospital empowered aforesaid to a point near the Red House aforesaid, with convenient ^^ construct a])))roaches thereto, together with convenient piers, stairs, hards, y^^j^^^,^^^^^. !ind landing places, and also a street from the south end of Lower and to con- ' ' t^loane Street aforesaid to the northern extremity of such bridge, in •'Struct a manner herein-after mentioned, and according to such surveys, plans, ^^ ^^' and designs as aforesaid, and for the purposes aforesaid, or any of them, to dig and make proper foundations in the said river, and in the lands on each side thereof, and make dams in the said river, and cut and level the hanks thereof, and cut, remove, and take away all trees, roots of trees, beds of gravel, sand, or mud, or other impediment whatsoever, and do and execute every other thing necessary or convenient for the purposes aforesaid, or any of them ; and for the pur])0se of erectiug, maintaining, and repairing tlie said intended bridge, and constructing and completing such embankment and roadway as aforesaid, the said last-mentioned Commissioners shall have full power and authority from time to time to land on either side of the said river, within five hundred yards from the site of the said intended bridge, and on any part of the ground lying on the north bank of the said river between Battersea Bridge and Vauxhall Bridge, all materials and other things to be used in or about the same, and there to work and use such materials and things as they the said last-mentioned Commissioners shall think proper, doing as little damage as may be, and making such satis- faction as herein-after mentioned to the respective owners and occupiers of the lands and hereditaments which shall be damaged or used for the ])urposes of this Act. . . . \ Farts omitted (as to ^"^^La"^^^^ r I ■ \ 7 ; 7 , - -I /. I'- .-1 trect€d (.om- wyrgt'/;*^';^^* yf?/- contribution) superseded by lo & lo \ ict. c. / 1 , missioners and 16 & 17 Vict. c. 87 ; and (as to maintenance of bridge a)id to keep same approaches) by 40 & 41 Vict. c. xcix. s. 10.] '" '''^^'^' 4. And be it enacted, that in case at any time or times after the wiien the said intended bridge shall have been completed the ])assage over ^"''^*'' '^ . the same shall become dangerous in consequence of accident or want tijg com- of repair, it shall be lawful for the said last-mentioned Commis- missioners siiniers durinu' such time as shall be necessary for repairing or ''"P*'^'*^'''^'^ rebuilding the said bridge, to erect such temporary bridge or ])rovide temporary such ferry over the said river at such ])lace or i>laces near the site of bridge, the said intended bridge as they shall think proper . . . : Provided Proviso, always, that such temjjorary bridge or ferry shall continue for such time only as shall be necessary for repairing or rebuilding the said 12 178 [Chap. 39.] The Thames Embankment and Chelsea Bridge Act 1846. [9 & 10 ViCT.J Deeds, etc. not liable to stamp duty. Owners of vessels liable for damage done to the bridge, etc. intended bridge, and that such temporary bridge shall be built so as to impede the navigation as little as possible. [Part omitted {tolls on temporary bridge or ferry) spent. See 40 & 41 Vict. c. xcix. s. 16.] 5 — 18. [Commissio7iers may take places for depositing materials — Deposit of plans at offices of Commissioners and inspection of same — Demation from deposited plans — Powers to Commissioners to appoint officers — As to evidence of Commissioners'' p/roceedings — Poivers to make neiv and to stop up existing carriage-ways and footways, to embank the Thames as ."ihowii on deposited, plans, and to stop up streets — Vesting of ground of ricer embanked and. streets, etc., stopp)ed up in Commissioners — Powers to stop up ways during tvorks — Penalty on obstruction of ivorks — Powers to raise or lower streets, to arch over and fill in drains and sewers — Saving rights of Commissioners of Servers — Powers to alter water and gas pipjes — Spent. See 40 & 41 Vict. c. xcix. s. 16.] 19. [Groimd laid, out into streets to form part of 2Jublic roadivay.'] 20 — 56. \_As to acquisition of lands — Assessment of compensation and application of purchase moneys. Spent.'] 57 — 65. [Commissioners of Woods may jjermit intended, bridge to be constructed on land forming paM of Batter sea Park — Com- pensation to the Watermen's Company in respect of the Sunday Ferry from the Whitehouse, St. George's, Hanover Square, to the Redhouse, Battersea — Powers to Commissioners to sell materials, and to grant building leases — Sale of ground rents — Powers to sell Uxnds not wanted — Vesting of materials in Commissioners and powers to dis- pose of same — Poivers to Commissioners to bring actions. Spent.'] 66. And be it enacted, that no contract, conveyance, lease, deed, or other instrument which shall be made, granted, or executed under any jjowers or authorities hereby granted, nor any contracts or agreements, bonds or other securities, assignments, conveyances, or other deed or instrument which shall be made, entered into, or executed by any person or persons to or with the said Commissioners, or otherwise, for any of the purposes of this Act, shall be subject or liable to any stamp duty whatever imposed by any Act now in force, nor to any stamp duty to be imposed by any future Act, unless such instruments be specially subjected and specifically charged in and by such future Act. 67 — 68. [Powers to the Commissi oners to take sand from the bed of the Thames to form embankment and bridge, to construct jjiers, etc., on the sites shown on the deposited pdans or within fifty feet thereof Spent?] 69 — 84. [As to tolls. Superseded. 40 & 41 Vict. c. xcix. s. 16]. 85. [Penalty for wilfully damaging bridge. Superseded 18 (t 19 Vict. c. 120, 6'. 206, and the Malicious Damage Act 1861, ss. 33, 51.] 86. And be it enacted, that in case any damage or mischief shall be done to the bridge, or to any such pier, stairs, hard, or landing place as aforesaid, or any of the works thereof respectively, by any ship, lighter, barge, boat, float, raft, or vessel, through the wilful negligence of any person having the command of any such ship, lighter, barge, boat, float, raft, or vessel, or any of the mariners or persons employed therein, then and in ever)' such case the owner of such ship, lighter, barge, boat, float, raft, or vessel shall be and is hereby made answerable to the said Commissioners for the amount or value of any such damage or mischief ; and the same, provided it shall not exceed the sum of twenty pounds, if not forthwith paid and [9 & 10 Vict.] ^.^^^^^^ ^^ .^^^^ ^^^^ ^ ^^^. [Chap. 39.] 1 79 satisfied, shall and may be recovered in such manner as the penal- ties and forfeitures hereby imposed are in and by this Act directed to be recovered. 87. And be it enacted, that in case the owner of any such ship, Masters to lighter, bartrp, boat, float, raft, or vessel shall be compelled to pay f'-'C'jver from any ])enalty, or to make satisfaction for any damages, Ijy reason of ^^y' j^^^^"|^* any neglect or default done or committed by his servants or mariners, puM fur their or any of them, such servants or mariners, and each and every of ueglect, etc. them, shall ])e liable to ])ay such penalty or d;im:iges ^with the costs thereof) to such owner ; and in case of nonpayment upon demand thereof, and oath made by such owner of the payment made by him of such penalty, satisfaction, or damages, and that the same and the costs thereof have not been repaiil to him Ijy such servants or mariners or any of them, although demanded, (such oath to be made before any one or more Justice or Justices of the Peace of the county or place where such penalty or satisfaction shall have been recovered,') the amount thereof, ])rovided the same shall not exceed the sum of twenty pounds, shall be recovered in the same manner as any penalty is hereby directed to be recovered. 88. And be it enacted, that in case any person shall resist or i-enaity for make forcible opposition against any person employed in the due assaulting execution of this Act, or shall assault anv survevor, encrineer, or '^^ll^^'^*^"' . I' » ' " / etc. agent . . . m the execution of his office, . . . every such person shall for every such offence forfeit and pay any sum not exceeding five pounds. \_Part omitted (as to collector and evasion of tolls) spent.'] 89. [Penalt^j for injurij to toll houses, lamps, etc., obstructing jjassenyers, etc. Su}jerseded((is to injur]/) b>j the Malicious Damaqe Act 1861 ; {(IS to obi^truction) semble obsolete. See 2 k 3 Vict.j:. 47, s. .54.] 90. And be it enacted, that in all cases wherein damages or Damages and charges in respect of acts or offences done or committed upon or cl'^rges, in relating to the said bi'idge, piers, stairs, hards, or lauding places . . . pu*tc.°to lie' respectively, are by this Act directed or authorized to be paid, and settled by the manner of ascertaining the amount thereof is not specified or *^'° '^"®*^^*^- provided for, such amount, in case of nonpayment thereof, or of any dispute respecting the same, shall be ascertained and determined by some two or more Justices of the Peace for the county of Middle- sex * . . . (sucli Justices not being interested in the matters in (piestion) ; and where by this Act any such damages or charges are directed to be i)aid, in addition to any penalty for any offence, the amount of such damages and charges, in case of nonpayment thereof, or of any dispute respecting the same, shall be settled and determined by the Justices by or before whom any offender shall be convicted of such offence, and such Justices respectively are hereby authorized and re([uired, on nonpayment of the damages in any of the cases aforesaid, to levy such damages and charges, by distress and sale of the offender's goods and chattels, in manner by this Act directed for the levying of any penalties or forfeiture. . . . [^Part omitted {as to tolls) spent.'] 91. And be it enacted, that all penalties and forfeitures inflicted Recovery and or imj)osed by this Act (the manner of levying and recovering !^^\^tk«'^'^ °^ whereof is not herein otherwise particularly directed) may, in case of nonpayment thereof, be recovered in a summary way by the order and adjudication of some two or more Justices of the Peace for the said county of Middlesex,* on complaint to them for that * Now the county of London. See 51 & 52 Vict. c. 41, ss. 40 and 117. 180 [Chap. 39.] The Thames Embankment and Chelsea Bridge Act 1846. [9 & 10 Vict.] Persons aggrieved may appeal to Quarter Sessions. Proceedings not to be quashed for want of form. Persons giving false evidence guilty of perjury. purpose made, and afterwards be levied, as well as the costs, if any, of such proceedings or nonpayment, by distress and sale of the goods and chattels of the respective offenders or persons liable to pay the same, by warrant under the hands and seals of such Justices ; . . . all which penalties and forfeitures, not herein directed to be otherwise applied, shall be paid, one half to the informer, and the remainder to the said Commissioners ; . . . but in case upon return of such warrant it shall appear that no sufficient distress could be had whereupon to levy the said penalties or for- feitures, and such costs and expenses as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the satis- faction of such Justices, upon the confession of the offender or otherwise, that he hath not sufficient goods and chattels whereupon such penalties, forfeitures, costs, and expenses could be levied if a warrant of distress should be issued, (in which last-mentioned case such Justices shall not be required to issue such warrant of distress,) then and in either of such cases such Justices are hereby required, by warrant under their hands and seals, to commit such offender to- some common gaol or house of correction for the county or place within their jurisdiction, there to remain for any time not exceeding^ three calendar months, or until such penalty or forfeiture shall be sooner paid and satisfied, together with all costs and charges attending such proceedings as aforesaid, to be ascertained by such Justices, or until such offender shall otherwise be discharged by due course of law. \Farts omitted {as to distress) superseded, by the Summary Jurisdiction Acts. See also the Summary Jurisdiction Act 1879, 5. 5.] 92—96. Procedure for 'penalties — Transient offenders — Forms of information and conviction — Poivers to Justices to administer oaths — Attendance of witnesses. Spent in part ; remr. superseded by the Summary Jurisdiction Acts7\ 97. And be it enacted, that the said Commissioners, and all other corporations and persons who may think themselves aggrieved by any order, judgment, or determination of any Justice of the Peace relating to any matter or thing in this Act mentioned or contained,, and for which no power of appeal is by this Act specially given, may . . . appeal to the Justices of the Peace at any General or Quarter Sessions to be held for the said county of Middlesex.* . , . \Parts omitted {as to procedure on appeal) superseded by the Summary Jurisdiction Acts7\ 98 — 101. \_Declaring what shall be good service on and by Com- missioners — Proof by Commissioners of debts in bankruptcy — Distress not unla/vful for want of form. Spent in part ; remr^ superseded by the Summary Jurisdiction Acts.'] 102. And be it enacted, that no proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of form, or be removed by certiorari, or by any other writ or pro- ceeding whatsoever, into any of Her Majesty's Courts of Record at Westminster or elsewhere, any law or statute to the contrary notwithstanding. 103. And be it enacted, that all persons who upon any examina- tion to be taken by virtue of this Act shall wilfully and corruptly give false evidence or otherwise forswear themselves before any jury, or before any Justice of the Peace acting as such in the execution of this Act, shall and may be prosecuted for the same, and upon * Now County of London Sessions. See 51 & 52 Vict. c. 41, s. 42 (7). [13 & 14 Vict.] The London Hackney Carriages Act 1850. [Chap. 7.] 181 conviction thereof sliull be snliject and liable to such and the same pains and penalties as persons guilty of wilful and corrupt perjury are by the laws in being sul)ject and lial)Ie to. 104 — 105. \^Tender of amendH and limitations of actiona. Hep. ■by the Public Aidhorities Protection Act 1893. See Appendix.'] 106. \_Sacing the rights of the Croum.'] 107. {^Saving the rights of the Corporation of the City of London.'] 108. \_Saving the rights of the Commissioners of Sewers of West- minster and part of Middlesex. Superseded 11 k 12 Vict. c. 112.* See noiv 18 & 19 Vict. c. 12U, s. 13.5.] 109. [^Commissioners to give ejfect to any agreements made on •behalf of the Commissioners of Woods, Forests, Land Revenues, Works, and Buildings. Spent.] 110. And be it enacted, that after the expiration of the lease ^!!^'!r^ ^'^^ under wiiicli the Governor and Company of Chelsea ^Vaterworks t waterworks now hold certain frontage and liiud at Thames Bank, grunted by Company to the Martpiis of Westminster, it shall be lawful for the said Governor ^^^^ a cut and Comi)any of Chelsea Waterworks,! provided at the expiration iu™nded^ ^^ of such lease the said Governor and Company shall no longer be roadway, etc. permitted to use the entrance of the cut or layby to the Grosvenor Canal, so as to have access to their freehold property, to make a cut or entrance through the said intended roadway and embankment on and into their freehold land at Thames Bank aforesaid, with a bridge over it, and all necessary works, the same to be subject to the approval of the Commissioners for the time being for executing this Act, and saving the rights of the Crown and of the Corporation of the City of London ; and the said bridge and the roadway over the said cut shall bekei)t in repair by and maintained at the expense of the person or persons liable to the repair of the road under the provisions of this Act. Ill — 116. [Application of moneys received by the Commissioners — Application of tolls — Commissioners to render accounts to the Treasury — Receipts of two Commissioners to be discharges — Power to contributors to charge their property with their contributions — Commissioners exemptecf from personal responsibility. Spent.] 117. [Act to be judicially noticed.] Schedule. [Description of lands to be taken. Spent.] 13 & 14 VICTORIA. A.D. 1850. CHAPTER 7. An Act for consolidating the Office of the Registrar of Metropolitan Public Carriages with the Office of Com- missioners OF Police of the Metuoi'olis, and making other Provisions in regard to the consolidated Offices. [25M. ^farch 1850.] [Preamble rep. 54 & 55 Vict. c. Q". {S.L.R.).] 1. [Office of Registrar of 'Metropolitan Public Carriages abolished. Rep. 38 ct 30 Vict. c. m (S.L.R.).] * This Act is repealed 88 & 3!) Vift. c, 6(5 (S.L.R.). t Now the Metropolitan Water Boaid (2 Edw. 7, c. 41). 182 [Chap. 7.] The London Hackney Carriages Act 1850. [13 & 14 ViCT.j Duties of 2. All the jurisdiction, powers, authorities, privileges, interests, ofece^mL- ^^^^ duties now vested in or exercised by the office of Registrar of ferred to Metropolitan Public Carriages hereby abolished shall be transferred Commission- to and vested in and shall hereafter be exercised by the Com- ers of Police, misgioners of Police of the Metropolis, in as full and ample a manner to all intents and purposes as they were vested in and might have been exercised by the said Registrar of Metropolitan Public Carriages. \^See 19 & 20 Vict. c. 2, s. L] 3. {Retirinq allowances to officers whose offices are abolished. Rep. 54 & 5o Vict. c. 67 {S.L.R.)?^ Standings 4. It shall be lawful for the said Commissioners of Police from for hackney time to time to appoint standings for hackney carriages at such carnages to places as they shall think convenient in any street, thoroughfare, or appoin e . ^j^^^g ^^ p^^j^iif, resort within the metropolitan jiolice district, any law, statute, or custom to the contrary thereof notwithstanding, and at their discretion to alter the same, and from time to time to make regulations concerning the boundaries of the same, and the number of carriages to be allowed at any such standing, and the times at and during which they may stand and ply for hire at any such standing, and also from time to time to make such regulations as the said Commissioners shall deem proper for enforcing order at every such standing, and for removing any person who shall unnecessarily loiter or remain at or about any such standing ; and the said Commissioners shall cause all the orders and reg'ula- tions to be made by them as aforesaid to be advertised in the London Gazette., and a copy thereof, signed by one of the said Commissioners, to be hung up for public inspection in the office of the Commissioners of Police in the city of Westminster and at each of the police courts, and such copy shall be received in evidence in the said courts as if it were the original of which it purports to be a copy, and shall be taken to be a true copy of such original order or regulation, without further proof than the signature of the said Commissioner. [See 16 k 17 Vict. c. 33, s. 12.] 5. \Repeal of provisions as to ^'' standings^'' in Acts previous to 6 & IVict. c. 86. Bep. 55 & 56 Vict. c. 19 {8.L.R.)^^ Saving of 6. Provided always, that nothing in this Act or in the said Bloomsbury ^\ct of the seventh year of the reign of Her present Majesty con- 46cr^3 c*^i34 tained shall alter or repeal, or be construed to alter or repeal, or invalidate, or in anywise prejudicially affect, either wholly or in part, an Act passed in the forty-sixth year of the reign of His Majesty King George the Third, intituled " An Act for ornamenting and embellishing the Centre or Area of Bloomsbury Square in the parish of Saint George Bloomsbury in the County of Middlesex, and for preventing Hackney Coaches standing or plying for Hire in or near the said Square." 7. \_One Coniniissioner maij act. Rep. 55 & 56 Vict. c. 19 {S.L.R.)f] This Act 8. This Act shall be construed as one Act with the said Act to be con- passed in the seventh year of the reign of Her Majesty Queen 6&7Vict. Victoria, intituled "An Act for regulating Hackney and Stage c. 86. Carriages in and near London," and all the provisions of the said Act, except so far as is herein otherwise provided, shall extend to this Act, and to all things done in execution of this Act. 9. \_Commencement of Act, Qth April 1850. Rep. 38 & 39 Vict. c. m (S.L.R.).] 10. [Act maij he amended, etc. Rep. 38 & 39 Vict. c. 66 (6'.i.i?.).] [14 & 15 Vict.] The Common Lodging Houses Act 1851. [Chap. 28.] 183 14 & 15 VICTORIA. A.D. 1851. CHAPTER L'8. *An Act for the well-ordering of Common Lodging Houses. [24M July 1851.] ^Preamble rep. 55 & 56 Vict. c. 10 (,S'./../t'.).] 1. In citing this Act for any pnr])Ose it shall be sufficient to use Short title, the expression " The Common Lodgint;- Houses Act, 1851." 2. The following words and expressions in this Act liave, for the interpreta- purposes and execution of this Act, the following meanings ; te';J.^g^in to wit, this Act. The word " place " includes county, riding, hundred, and other division, or j)art of a county, city, borough, parish, district, and other place whatsoever : The expression '' common lodging house " includes, in any case in which only a part of a liouse is used as a common lodging house, the part so used of such house. \_Part omitted (other dejinitions) rep. 55 & 50 Vict. c. 10 {S.L.R.)?^ 3 — 4. [Authorities to execute Act. — Expenses of executing Act. Superseded, {as regards London) 57 & 58 Vict. c. cxxiv.] 5. The expression in this Act " the local authority " means, with Moaning of respect to the purposes and execution of this Act with respect to ^.^4eYocai any place, the body or person by this Act autliori/.ed to execute authority.' with resj)ect to the place the several provisions of this Act. 6. \_Sotice of Act to be gii'en to the keepers of common lodging houses. Rep. 38 & 39 Vict. c. 06 {S.L.R.).'] 7. The local authority shall keep a register in which shall be Registers of entered the names and residences of the keepers of all common J^^^™'^'^ lodging houses within the jurisdiction of the local authority, and houses to the situation of every such house, and the number of lodgers be kept, authorized according to this Act to be received therein. [See also 2 Ediv. 7, c. clxxiii. ss. 46 — 57.] 8. [_Lodgers not to be received in common lodging houses until registered. Rep. 38 & 39 Vict. c. QQ (S.L.R.).'] 9. [Local authority mag make regulations. Rep. (as regards London) 2 Edw. 7, c. clxxiii. 6". 53.] 10. [Penalties for offences against regulations. Semble super- seded (as regards London') 2 Edu\ 7, c. clxxiii. *\ 53.] 11. The keeper of a common lodging house shall, when a person ^5,^^^^^^"^ *^^ in such house is ill of fever or any infectious or contagious disease, lodging give immediate notice thereof to the local autliority, or some officer houses to of the lot'al authority, and also to the Poor Law medical officer and ^f^f^."°r'^^ the Poor Law relieving officer of the union or parish in which the etc. therein common lodging house stands. [See also 16 & 17 Vict. c. 41. ,s. 7, and 54 & 55 Vict. c. 76, ^'. bi).~\ * Whole Act rep. (except so far as relates to metropolitan police district, bv the Public Health Act 1875, s. 3 18, and (except so far as relates to the metropolis as defined by the TubUc Health Act lS7:j) 55 & oli Vict.c. lU (S.L.R.)- A*^t amended generally IG ic 17 Vict. c. 41 ; 2it . 1 i- expressly prevent the burial m any such burial trround in which tor the time included, being interment is not required to be discontinued of the bodies of such ])eo])le and ])ersons resj)ectively ; and no such Order in Council as aforesaid shall be deemed to extend to any non-jjarochial burial ground being tlie proj)erty of any private person, unless the same be expressly mentioned in such Order. 4. It shall not be lawful, after the time mentioned in any such Burial not to Order in Council for the discontinuance of burials, to bury the dead after Order in any church, cha])el, churchyard, or ])nrial place, or elsewhere, in Council within the part or parts of the metropolis or iu the burial grounds fordis- or places of burial (as the case may be) in which burials have by continuance. any such Order been ordered to be discontinued, except as in this Act or in such Order excepted ; and every person who shall, after such time as aforesaid, ])ury any body, or in anywise act or assist in the burial of any body, contrary to this enactment, shall be guilty of a misdemeanor. 5. After the time from which burials in any place of burial of any Restriction ]»arish are recjuired under this Act to be discontinued, the body of ^^[^*^^|j^j*^®j any jnirishioner or inhabitant of such parish shall not be buried in inhabitants any burial ground within the metropolis belonging to any other of parishes ])arish within the metropolis, save where the body of any of the ^oan"]" family or relatives of such parishioner or inhabitant has been whereof are interred in such burial ground, and the relatives or other persons closed, having the care and direction of the funeral signify a desire that on that account the body of such parishioner or inhabitant should be there interred (such burial ground not being a burial ground in which burials have been ordered to be discontinued under this Act), and save as herein otherwise provided ; and every ])erson having the care or control of anv burial ground who knowinglv authorizes or permits any burial therein contrary to this enactment shall be guilty of a misdemeanor. 6. Provided always, that notwithstanding any such Order in Savins of Council, where by virtue of any faculty legally granted, or by usage to'^bun-Vn or otherwise, there is at the time of the passing of this Act any vaults,' etc. right of interment in or under any church or chapel affected by such Order, or iu any vault of any such church or chapel, or of any churchyard or burial ground affected by such Order, and where any exclusive right of interment in any such burial ground has been })urchased or acquired before the passing of this Act, it shall be lawful for one of Her Majesty's princi])al Secretaries of State * from time to time, on ap])lication being made to him, and on being satisfied that the exercise of such right will not be injurious to health, to grant licence for the exercise of such right during such time and subject to such conditions and restrictions as such Secre- tary of State* may think fit, but such licence shall not prejudice or in anywise affect the authority of the ordinary, or of any other person who, if this Act had not been passed, might have prohibited or con- trolled interment under such right, nor dispense with any consent which would have been required, nor otherwise give to such right * See footnote to s. 2. 188 [Chap. 85.] The Burial Act 1852. [15 & 16 Vict.] Sa\-ing as to cemeteries in Schedule (B) and new burial grounds hereafter approved of by Secretary of State. Saving as to St. Paul's Cathedral and West- minster Abbey. New burial grounds in the metro- polis to be approved by Secretary of State. The Com- missioners of Sewers of the City of London to be a burial board for the parishes in the city and its liberties. greater force or effect than the same would have had if this Act had not been passed. 7. The provisions of this Act shall not extend to authorize the discontinuance of burials, or to prevent the burial of the body of any person in any of the cemeteries mentioned in the Schedule (B.) to this Act, or in any burial ground or cemetery to be hereafter provided with the approval of one of Her Majesty's priucij^al Secretaries of State,* as herein mentioned. 8. Nothing in this Act contained shall extend to prevent the interment in the cathedral church of Saint Paul's London, or in the collegiate church of Saint Peter's Westminster, of the body of any person, where Her Majesty, by any writing under her Royal sign manual, signify her pleasure that the body be so interred. 9. No new burial ground or cemetery (parochial or non- parochial) shall be provided and used in the metropolis, or within two miles of any part thereof, without the previous approval of one of Pier Majesty's principal Secretaries of State.* • • ■ • • • 43. The provisions herein-liefore contained for the appointment of burial boards shall not apply to any parish within the limits of the city of London and the liberties thereof ; but it shall be lawful for the Mayor, Aldermen, and Commons of the said city, in Common Council assembled, if and when they see fit so to do, to authorize and direct the Commissioners of Sewers of the City of London to exercise for the said city and liberties all the powers and authorities vested in burial boards under this Act ; and thereupon such Commis- sioners shall have and exercise for and on behalf of the said city and liberties all such powers and authorities as are hereby vested in the burial board for any i)arish, or which might be exercised by such board with the approval of the vestry ; but the expenses to be incurred by such Commissioners in providing and laying out any burial ground or burial grounds under this Act, and building the necessary chapel or chapels therein, shall not exceed such sum as the said Mayor, Aldermen, and Commons in Common Council assembled shall authorize to be expended for this purpose ; and the money required for defraying the expenses incurred under this Act by the said Commissioners shall be charged upon and payable out of the consolidated rate authorized to be made by " the City of London Sewers Act, 1S4S," or any monies applicable for defraying the expenses by the said Act charged upon or payable out of such rate ; and the income of any burial ground provided under this Act by such Commissioners, which if such ground had been provided by a burial board for any parish would be ajiplicable in aid of the rate for the relief of the poor of such parish, shall be applicable in aid of the said consolidated rate ; and the provisions contained in " The City of London Sewers Act, ] 848," for the purpose (as therein expressed) of enabling the said Commissioners to effect the purchases therein authorized shall be applicable for the purpose of enabling the said Commissioners to purchase land for the purposes of this Act ; and the powers for and auxiliary to the sale and disposal of land given or expressed to be given by " The City of London Sewers Act, 1848," and " The City of London Sewers Act, 1851," with respect to land purchased by the said Commissioners for any of the purposes men- tioned in such last-mentioned Act, and deemed by them unnecessary * See footnote to s. 2, [15 & 16 Vict.] The Burial Act \hb2. [Chap. 85.] 189 for such purposes, shall Le applicable with respect fo any land pur- chased by the said Commissioners for the purposes of this Act which may not apjiear to them to he wanted for such purposes ; and all the provisions of the said City of London fSewers Acts ai>plicahle to the exercise of the jjowers vested in the said (.'ommissioners shall be applicable to and for the jturposes of this Act, as if the powers whicli under tliis Act may become vested in such Commissioners had been powers vested in them under the said " City of London Sewers Act, ls4-S;" provided that it shall be lawful for the said Mayor, Aldermen, and Commons to appoint any incumbent or incumbents of any parish or parishes within the said city or liberties to act with the said Commissioners for the purposes of this Act. \_See the Citj of London Savers Act 1897.] • ••••• 45. {J^ecital of uncompleted purchase, under the Metropolitan Brompton Interments Act 1850, of Brompton Cemetery hij the General Board ^^^^^P' of Health.'] . . . The rights and obligations of the general board commission- of health with reference to the purchase of the said cemetery * shall ers of Works upon the passing of this Act become transferred to the Commissioners of . . . Works . . . ; and in case the said cemetery shall be conveyed to them by virtue of the transfer hereby made of such rights and liabilities, then immediately upon such cemetery being so conveyed, . . . the said cemetery shall, without any farther conveyance, become vested in the said Commissioners of . . . Works . . . , in the like corporate caj)acity in which any lands, tenements, or hereditaments are vested in them under the Act of this last session of Parliament, chapter forty-two, but subject to the rights to graves, vaults, anil monuments subject to which such cemetery may have been conveyed to such Commissioners or to the general board of health, as the case may be, and subject to the powers and for the purposes herein- after mentioned. \_Words omitted rep. 55 & 56 Vict. c. 10 {S.L.R.j 1 46. [Recital of the Metropolitan Interments Act 1851, and pro- visions as to purchase jnoney of Brompton Cemeter)/. Rep. 55 & 56 Vict. c. 10 {SX-R.).] 47. \_\Vinding up West of London and Westminster Cemetery Co. Rep. 38 & 39 Vict. c. m (S.L.R.).] 48. The said Commissioners of Works . . . shall and may, in Brompton case the said Brompton Cemetery be vested in them by or under this ^^"^^Z^?,^ Act, sell and dis])ose of the same or any part thereof, sul)ject to the bv direction rights affecting the same, as the . . . Treasury may direct ; and in of the the meantime, until such sale, the Secretary of State may and shall Treasury, permit the same to be used for the purposes of interment, uj)on such meantime terms and conditions as he shall think fit : and the residue of the used for monies arising from the sale and disjiosal of the said cemetery, or any interments. part thereof, and in respect of the interments therein, after defraying the expenses incident to such sale and to the care and management of the cemetery, until the whole thereof shall be sold and disposed of, shall be paid to the i\k'troi)olitan Interments Kepayments Account mentioned in the said Act of the last session of Parliament, to be carried to the said Consolidated Fund. [ Words omitted rep. 55 & 56 Virt. C.I'd {S.I..R.).'] 49. Where any body is buried in any of the cemeteries mentioned Limiting the in Schedule (B.) to this Act, at the expense of any union or parish, compensation the fee or sum to be paid or payable on the interment of such body, j^yabie^on * T 1 pauper l.e. the cemetery of the West of London and Westminster Cemetery Company burials in (commonly called the Brompton Cemetery). ' cemeteries. 190 [Chap. 85.] The Burial Act 1852. [15 & 16 Vict.] Definition of " the metro- polis." Saving rights of cemetery companies. or otherwise in respect thereof, to the incumbent of the parish or ecclesiastical district from which such body is removed for interment, shall not exceed the sum of one shilling, or where the incumbent now receives in respect of the like Inirial in the ground of his parish more than one shilling shall not exceed the sum so now received, and in no case shall exceed two shillings and sixpence; and no other fee or sum whatsoever shall be payable in respect of such interment, to or for the use of any person as an officer of such parish or district, or for or on behalf of such parish or district, anything in any Act mentioned in the said Schedule (B.) or any other Act notwithstanding. [Amended 16 & 17 Vict. c. 134, s. 7.] • ••••• 53. For the jmrposes of this Act, the expression " the metropolis " shall be construed to mean and include the cities and liberties of London and Westminster, the borough of Southwark, and the parishes, precincts, townships, and places mentioned in the Schedule (A.) to this Act. 54. Provided always, that nothing in this Act contained shall extend to take away, diminish, alter, or jn-ejudice any of the rights, powers, or authorities vested in any of the cemetery companies incorporated under the several Acts mentioned in the said Schedule (B.) to this Act, but all such rights, powers, and authorities shall be as good, valid, and effectual as if this Act had not passed. SCHEDULE (A.) The City of London and the liberties thereof, the Inner Temple and Middle Temple, and all other places and parts of places contained within the exterior boundaries of the liberties of the city of London. In Middlesex.* The City and Liberties of Westminster. The parishes of St. Margaret and St. John the Evangelist. The parish of St. Martin in the Fields. The parish of St. George Hanover Square. The parish of St. James. The parish of St. Mary-le-Strand, as well within the liberty of West- minster as within the Duchy liberty. The parish of St. Clement Danes, as well within the liberty of West- minster as within the Duchy liberty. The parish of St. Paul Covent Garden. The parish of St. Anne Soho. Whitehall Gardens (whether the same be parochial or extra- parochial). Whitehall (whether the same be parochial or extra-parochial). Richmond Terrace (whether the same be j^arochial or extra- parochial). The close of the Collegiate Church of St. Peter. The parishes of St. Giles in the Fields and St. George Bloomsbnry. The parishes of St. Andrew Holborn and St. George the Martyr. The liberty of Hatton Garden, Saifron Hill, and Ely Rents. The liberty of the Rolls. The parish of St. Pancras. The parish of St. John Hampstead. * Now in the county of London. See 51 & 52 Vict. c. 41. s. 40. [15 & 10 Vict.] T/u' Burial Act 185:i. [Chap. 85.] lyi The parish of St. Maniebone. The i)arish of Paddington. The precinct ol'the Savoy. The ])arisli of St. Luke. The liberty of Glasslionse Yard. The parish of St. Sepulchre. The j)arish of St. James Clerkcnwell, including both districts of St. James and St. John. The ])arish of St. Mary Islington. The parish of St. Mary Stoke Xewington. The Charterhouse. The ]»arish of St. Mary Whitecliapel. The parish of Christchurch Sj)italtields. The parish of St. Leonard Shoreditch. The liberty of Norton Falgate. The parisli of St. John Hackney. The i)arish of St. Matthew Betlmal Green. The hamlet of Mile End Old Town. The hamlet of Mile End New Town. The parish of St. Mary Stratford Bow. The parish of Bromley St. Leonard. The parish of All Saints Poplar. The parish of St. Anne Limehouse. The hamlet of llatcliffe. The parish of St. Paul Shadwell. The i)arish of St. George in the East. The i)arish St. John Wapping. [sic] The liberty of East Smithfield. The precinct of St. Catherine. The liberty of Her Majesty's Tower of London, consisting of — The liberty of the Old Artillery Ground. The parish of Trinity, Minories. The Old Tower precinct. The precinct of the Tower within. The precinct of Wellcluse. The parish of Kensington. The parish of St. Luke Chelsea. The })arish of Fulham. The parish of Hammersmith. Lincoln's Inn. New Inn. Gray's Inn. Sta})le Lin. That part of Eurnivars Inn in the county of Middlesex. Ely Place. The parish of Willesden. In Kent.* The parish of St. Paul Deptford. The parish of St. Nicholas Dei)tford. The parish of Greenwich. The parish of AVoolwich. The parish of Charlton. The parish of Plumstead. * Now in the County of London. Sec 51 &; 52 Vict. c. 41, i^. 40. 192 [Chap. 85.] The Burial Act 1852. [15& 16 Vict.] c, In Surrey.* The Borouo;]! of Southwark. The parish of St. George the Martyr. The parish of St. Saviour. The parish of St. John Horsleydown. The parish of St. Ohive. The j)arish of St. Thomas. The parish of Battersea (except the hamlet of Penge). The parish of Bermoudsey. The parish of Camberwell. The parish of Clapham. The parish of Lambeth. The parish of Newington. The parish of Putney. The parish of Rotherhithe. The parish of Streatham. The parish of Tooting. The parish of Wandsworth. The parish of Christchnrch. The Clink liberty. The hamlet of Hatcham in the parish of Deptford. . SCHEDULE (B.) The several Cemeteries established under the several Acts herein- after mentioned ; viz. — 2&3W. 4. An Act for establishing a general cemetery for the interment of ^' ^^' the dead in the neighbourhood of the metropolis : 6 & 7 w. 4. An Act for establishing a cemetery for the interment of the dead c. cxxix. southward of the metropolis, to be called " The South Metropolitan Cemetery : " 6 & 7 w. 4 An Act for establishing cemeteries for the interment of the dead, cxxxvi. northward, southward, and eastward of the metropolis, by a company to be called " The London Cemetery Company : " 1 Vict. An Act for establishing a cemetery for the interment of the dead c. cxxx. westward of the metropolis, by a company to be called " The West of London and Westminster Cemetery Company : " And 4 & 5 Vict. An Act to establish a general cemetery for the interment of the c. ixiii. dead, in the parishes of Saint Dunstan Stepney and Saint Leonard Bromley in the county of Middlesex : The Victoria Park Cemetery in the parish of Saint Matthew Bethnal Green in the county of Middlesex* : And The Abney Park Cemetery in the parish of Saint Mary Stoke Xewington in the county of Middlesex.* {The parts of the Act omitted are not special to London. See the Burial Act 1853, s. 7, and the Burial Acts 1852 to 1900.] * Now in the county of London. See 51 & 52 Vict. c. 41, s. 40. [16 & ] : YicT.] The London Ilackneij Carnage Act 1853. [Chap. 33.] 193 16 & 17 VICTORIA. A.D. 1853. CHAPTER 33. An Act for thp^ better Hkcu'lation of ^Ietrorolitan Stage AND Hackney Carriages, and for RROHiiirriNu the Use of advertising Vehicles. [28^A Jane 1853.] \Preamhle reij. 55 & 56 Vict. c. 10 {S.L.R.).'\ 1. \_CertiJicate from Commissioners necessary for obtaining licence, liep. 55 & 56 Vict. c. 19 {S.L.R.).'\ 2. It shall be lawful for the said Commissioners * of Police to Commission- cause an inspection to be made, as often as they deem it neces- "ay°cansr^ sary, of all metropolitan stage and hackney carriages, and of the carriages, horse or horses used in drawing the same, within the limits of this ^'^^- ^^ be in- Act ; and if any such carriage, or the horse or horses used in jf^^^'^® j^ g" drawing the same, shall at any time be in a condition unfit for conditi./?.).] 10. [Local authorities for the cit'/ of Oxford and. borouyh of Cambridge. Rep. by the Public Health Act 1875, .trate before whom the complaint is heard shall be Proprietors the judge, shall be liable to a penalty of a sum not exceeding of hackney twenty shillings in respect of every carriage for each day he shall ^^jlthdrawing so withdraw the same, and the licence of such proprietor shall be carriages suspended or recalled and taken away at the discretion of the said from iiire Commissioners of Police * : Provided alwavs.that it shall be lawful J:l?I\„ ,^„,^ p , . . . , * . ' 1 / , • • certain time tor such proprietor, upon giving ten days notice to the Commissioners liable toa of Police, to withdraw his carriage from hire. [See also 32 k 33 penalty. Vict. ss. and 15.] 17. The limits of this Act shall be deemed to be and to include " The limits every part of the metroi)olitan police district and the city of °^*'^*^-^^' " London; and all provisions of any former Act in force referring to ^ hacknev carriages licensed under the said Act of the first and second years of His late Majesty, or to hackney carriages kept, used, employed, or let to hire within the distance of five miles from the General Post Office in the city of London, or to any act, matter, or thing committed or done in relation to such hackney carriages within the said distance, shall ... be deemed to refer * Now the Commissioner of Police. See 19 and 20 Vict c. 2, s. 1. 206 [Chap. 33.] The Public Statues {Metropolis) Act 1854. [17 &18 Yict.] and apply to hackney carriages licensed under this Act, or to hackney carriages kept, n^ed, employed, or let to hire within the limits of this Act, and to any act, matter, or thing committed or done in relation to hackney carriages within the said limits, [ Words omitted (^^ from and after the passing of this Act"") rep, 55 k 56 Vict. c. 19 {S.L.R.).'\ 18. \Onhj Inland Revenue or Metropolitan Police to ptrosecute under Act, rep. by the Revenue Act 1869, s. 39.] 17 & 18 VICTORIA. A.D. 1854. Interpreta- tion of terms. Commis- sioners of Works may erect statues in any public place, and enclose, etc. the same ; and may al.so repair public statues, etc. Commis- sioners of Works may do all Acts necessary for the erection or reparation of public statues. CHAPTER 33. *An Act to place Public Statues within the Metropolitan Police District under the Control of the Commissioners OF . . . Works. . . . [lOM July 1854.] {Preamble and p)art of title rep. 55 & 56 Vict. c. 19 (*S'.Z.i?.).] 1. In the construction of this Act the words "metropolitan police district " shall be understood to describe the district defined under that name by an Act of Parliament passed in the tenth year of the reign of His late Majesty King George the Fourth, chapter forty- four ; the words "public statue" shall be taken to include all the statues mentioned in the schedule to this Act, or which may hereafter be erected, either wholly in part, within any such public place as after mentioned ; the words "public place" shall be taken to include any street, square, court, or other like place within the metropolitan police district into or upon or over which there is any public right of ingress, egress, and regress, or thoroughfare. 2. It shall be lawful for the said Commissioners, or their workmen or agents by their order, by and out of any monies appropriated or to be appropriated for that purjiose by Parliament, to erect in any jjublic place any statue, and to enclose the same and the pedestal thereof and any surrounding space with any fence or railing in all respects as they may think fit. 3. It shall be lawful for the said Commissioners to restore, amend, or repair any public statue, and the pedestal thereof, and the fence or railing surrounding the same, by and with any monies for that purpose from time to time appropriated by Parliament. 4. It shall be lawful for the said Commissioners, or their agents or workmen by their orders, to do all acts necessary for the erecting, repairing, restoring, or amending any public statue, and also to enter any public place for the purpose of erecting any public statue, or for restoring, amending, and repairing any public statue, and the railings and other fences surrounding the same, as the said Commissioners shall think fit, and generally to make, do, execute, and perform all such acts, works, matters, and things as shall be thought necessary by the said Commissioners, or their agents, for the erection, restora- tion, or repair of any public statue. * See also the Ancient Monuments Protection Acts 1882 and 1900, and 61 & 62 Vict. c. ccxxi. s. 60. [17 & 18 Vict.] The Pablic Statuen {Metropolis) Act 1854. [Chap. 33.] 2 07 5. No pablic statue shall ... be erected in any j)ublic place ^'o public without the written assent of the said (Joraraissioners. [ Words e^^ted** ^ emitted {after the passing of this Act) rep. 55 & 50 Vict. c. lit (S.L.R.).] without the 6. \Punishmenf of pemons (lama()in r^lviV 1 llie Middlesex Industrial n-x lo-ir t 208 [Chap, clxix.] ^^^^^^^^ ^^^ ^^.^^ [1 . & 18 Vict.] CHAPTER CLXIX. * An Act for the provision regulation and maintenance of County Industrial Schools in Middlesex. \2Ath July 1854.] \_Preamble.~\ L°lfT/^A^'_-„ !• I^ ^^6 construction of this Act the following words shall have the meanings hereby assigned to them respectively unless there be anything in the subject or context repugnant to such construction namely — The words " General or Quarter Sessions " shall include any adjournment thereof. • . • . . . The word " parish " shall mean any parish townshij) vill tithing, extra parochial place or place maintaining its own poor. The word " Justice " shall mean Justice of the Peace. The word '• guardians " shall mean gnardians governors directors managers or acting gnardians entitled to act in the ordering of relief to the poor out of poor rates. The words '' industrial school " shall mean industrial school provided under this Act. \_Fart omitted {definition of '■'■ jwcenile offender'') rep. 38 & 39 Vict, c. Ixxxvii, s. 2.] 2 — 3. \_Middlesex Justices to give notice before end of 1855 of intention to appoint and at next General or Quarter Sessions there- after to appoint a committee to provide an industrial school. Spent.~\ Justices may 4^ ^he Justices of the said county at any General or Quarter separate Sessions to be held after like public notice directed to be given at female the next preceding Sessions may determine on providing a separate ^^v^^i"*^^ county industrial school for females and may apjjoint a separate committee for erecting or providing and managing such county female industrial school and all the provisions herein contained for erecting and providing and managing county industrial schools and in any way relating thereto shall apply also to such county female industrial school and the committee and management thereof. 5 — 7. \_As to annual election and meetings of Visitors. Superseded by the Municipal Corporations Act 1882, s. 22, aiid 51 & 52 Vict. c. 41, ss. 75 and 82.] visitors to 8. Every committee of visitors shall appoint a clerk at such appoint g^ salarv or remuneration as such visitors think fit and mav from time to time if and when they think fit remove any clerk appointed by them or any future clerk and in any such case or in case of the death or resignation of any such clerk shall apjjoint a new clerk and the clerk to any committee of visitors may also be the clerk of any industrial school and any clerk to any committee of visitors shall unless he sooner die resign or be removed continue in office so long as such committee shall continue in office. 9 — 10. [^Committee of visitors to continue until first meeting of Jiew committee — Vacancies in committee. Superseded b\ k 52 Vict. c. 41, ss. 3 (vii.) and 82 ; see also ibid. s. 65.] Whereaccom- \\, The Justices of the said county may at any General or existln"'^ ^^ Quarter Sessions if it shall appear to them that the industrial school industrial * ggg 51 ^ 52 vict. c. 41, ss. 3 (vii.) and 78; see also the Industrial Schools Act school is 1JJ66 and amending Acts. inadequate. ri- * -lo AT- T 'J'he Mu/dleacx Industrial r/-",. .^ ^i ; t onn [1 . & 18 Vict.] ^^^^^^^^ ^^^ 1^-^ [Chap, clxix.] 209 or sclionls aro iiiadcqnato or unfit for the proper accornraodiition of the juvenih' oll'euders oi"th<' said county resolve that it is expedient to enlarge any existing industrial school or schools or to })rovide a new or additional industrial school or new or additional industrial schools in like manner as hercinljeforc directed and may ajjjKjint a separate; committee for eulai'ging any such industrial school or schools as aforesaid or for erecting or providing and for managing such new or additional school or schools hut no further steps for enlarging any existing school or schools or for erecting or })i'oviding such additional industrial school or such clerk acting as the prosecutor or comi»lainant in any such prosecution or proceeding shall be competent to bear witness therein in the same manner as if he were not such j)rosecutor or com- plainant and no such prosecution or proceeding shall abate or be discontinued by reason of the death or removal of such clerk but his successor shall come and be in his place. 214 [Chap. 120.] Metropolis Management Act l^h^x [18 & 19 Vict.] of penalties. Eecoveryand 45, All penalties and forfeitures imposed hereby shall and may n? npntit^rs ^^ recovered summarily before two Justices in manner provided by the Act of the twelfth year of Her Majesty " to facilitate the per- formance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders "' and such penalties and forfeitures when recovered upon proceedings taken by the clerk to the committee of visitors of any industrial school shall be paid to the treasurer of the county to be by him applied in aid of the county rate. 46. \_Expenses of Act. Spent ^ Schedule. \_Form of mortgage. Semhle spent. See note on ss. 23—28.] 18 & 19 VICTORIA. A.D. 1855. CHAPTER 120. * An Act foe the better Local Management of the Metropolis. [lAtk August 1855.] {Preamble. Rep. 55 & 56 Vict. c. lf> {S.L.E.).'] 1. [Repeal of the Vestries Act 1831 {so far as regards the metro- polis). Rep. 38 & 39 Vict. c. 66 {S.L.R.).'] 2. \_Vestries in the metropolis to consist of not less than eighteen or more than one hundred and twenty members. Rep. 62 & 63 Vict, c. 14, s. 35.] 3. [Parishes with more than two thousand rated householders to be di'cided into icards. Rep. 62 & 63 Vict. c. 14, s. 35.] 4. [Secretary of State to appoint persons to set out ivards and apportion number of vestrymen. Rep. 38 & 39 Vict. c. ^'o (S.L.R.).] 5. [T/ relative population of wards varies on future census, the numbers of vestn/men may be altered by the Metropolitan Board of Works. 'Rep. 62 & 63 Vict. c. 14, s. 35.] 6. [Qualification of vestrymen. Rep. and replaced by the Local Government Act ls94, ss. 31 and 89. {See Appendix.)] 7. [Election of vestrymen. Rep. 62 & 63 Vict. c. 14, s. 35.] t 8. [Full number of vestrymen for any parish to be chosen at first election — Transfer to vestries constituted under this Act of powers and pririleges of existing vestries. Rep. in part 62 & 63 Vict, c. 14, s. 35 ; remainder semble spent, see ibid. s. 4.] 19. [As to term of office of first vestrymen and future elections. Rep. in part 38 & 39 Vict. c. 66 {S.L.R.), and 55 & 56 Vict. c. 19- (S.L.R.) ; remainder semble spent. See 62 & 63 Vict. c. 14, 6-. 4.] t 10. [As to filling vacancies in vestries. Semble spent. See 62 & 63 Vict. c. 14, 6-. 4.] 11 — 12. [Appointment and, term of office of auditors in the metro- polis. Rep. 62 tt 63 Vict. c. 14, s. 35.] * The powers, duties, and liabilities of the Metropolitan Board of Works under this Act are transferred to the London County Council by 51 & 52 Vict. c. 41, s. 40 (8). and those of the vestries and district boards to the councils of the metropolitan boroughs established under 62 & 63 Vict. c. 14. See ibid. ss. 4. 31 (2). + Semhle that so much of these sections as is not expressly repealed is spent by leason of schemes under 62 & 63 Vict. c. 14. See ibid. s. 28. [18 & 19 Vict.] Metropolis Management Act 1850. [('hai-. 12').] 215 13 — 27. [^l.** to conduct of elections of vestn/. Re p. h;j the Local Gocernment Art 1894, s. 89. {^ee Appendix.)'] 28. . . . all (jiiestions shall be docided by the votes of the Quorum of majority of the vestrymen present, and the vestry may act notwith- ^^^'^"^•'^• standint{ any vacancies therein. \_l'ajt omitted (a.s to fjnornin of vestries) rep. 02 & 63 Vict. c. 14, s. 35. See also ibid. s. 31 (2).] 29. \_Meetinys not to be holden in the church. Rep. 62 & 63 Vict. r. 14, s. 35.] 30. At every meeting of any vestry nnder this Act, in the absence Meeting to of the persons anthorizcnl l)y law , . . to take tlie chair, tlie members ^\^^}- ^ 1 1 II I i. 1 • J- ^1 1 i- T , chairman, ])resent shall elect a chiiirman lor the occasion beiore proceeding to other bnsiness, and tlie chairman, in case of an ecinaliry of votes on any question, shall have a second or casting vote. [Words omitted (" or custom") rep. hj the Local Government Act 1894, s. 89. See ibid. .S-. 31 (2). {See Appendix.)'] 31 — 42. \_Formation of jjarishes into districts — Con-stitution of district boards — Incorporation of vestries and district boards. Rep. 62 & 63 Vict. c. 14, s. 35.] 43 — 53. S^Constitution,, incorporation., and meetings of the ^[etro- jiolitan Board of Works. Rep. 51 ' ^^**^' *^ sequent meeting, if the number of . . . vestrymen present at such .^ g^bsequent subse(iuent meeting be not greater by one tifth than the number meeting, present when such resolution was made or such act was done, but if "niess under the number of . . . vestrymen present at such subsequent meeting cmjjgtj certain cir- ances. 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. [^Parts omitted (a.s to }fefropolitan Board) rep. 55 & 56 Vict. c. lU (S.L.R.), and (as to district board) rep. 62 & 63 Vict. c. 14, x. 35 ; and see ibid. s. 31 (2).] 58. It shall be lawful for . . . any such vestry ... to appoint Committees a committee or committees for any pur]ioses which, in the discretion "lay be of the . . . vestry, would be better regulated and managed by ^^^'" means of such committee, and at any meeting to continue, alter, or discontinue such committee. . . . \_Parts omitted (as to }fctropolitan Board') rep. 55 & 56 Met. r. 19 (S.L.R.) ; (as to di./ for approval) rep. 25 & 26 Vict. c. 102, .V. 31 ; but see 62 & 63 Vict. c. 14, ss. 8 and 31 (2).] 59. Every committee so aiuiointed mav meet from time to time, rowers of and nuiy adjourn from place to })lace, as they may think i>roper. tor committees, carrying into etlect the purposes of their ajipointment ; but no 216 [Chap. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] Minutes of proceedings of metro- politan and district boards and of vestries to be entered. All books to be open to inspection. Power to Metropolitan Board, dis- trict boards, and vestries to appoint officers. Clerk and treasurer not to be tlie same person. business shall be transacted at any meeting of the committee unless three members of the committee are present. 60. Entries of all proceedings of . . . any such vestry, with the names of the members who attend each meeting, shall b^ made in books to be provided and kept for that purpose, under the direction of the . . . vestry, and shall be signed by the members present, 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 . . . vestry having been duly convened or held, or of the presence at any such meeting of the persons named in any such entry as being present thereat, or of such persons being members of the . . . 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 . . . 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 . . . vestry. \_Note to s. 57 applies.] 61. All such books shall at all reasonable times be open to the examination of every member of the . . . vestry ... to which such books belong, . . . and of every owner of property, church- warden, overseer, and ratepayer within any . . . parish, as regards books belonging to the . . . vestry thereof . . . , and of every creditor on the rates raised under this Act by any such . . . vestry . . . , 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 . . . vestry, or any of them, or any of the officers or servants of the . . . vestry having the custody of the said books, being thereunto reasonably requested, refuse to permit or do not permit any such owner of property, churchwarden, overseer, rateimyer, or creditor to examine the same, or take any copies or extracts, every such member, officer, or servant so oifending shall for every such offence, upon a summary conviction thereof before two Justices, forfeit any sum not exceeding ten pounds. [Parts omitted (as to books of district hoards) rep. 62 & 63 Vict. c. 14, s. 35. Superseded (as regards books of the Metropolitan Board of Works) 51 & 52 Vict. c. 41, s. 75 ; the Municipal Corporations Act 1882, part xiii. (see Appendix) ; and 56 & 57 Vict. c. ccxxi. s. 10.] 62. . . . (subject to the provisions herein contained) the board of works for every district under this Act, and the vestry of every parish mentioned in Schedule (A.) to this Act, shall respectively appoint or employ, or continue for the purposes of this Act, and may remove at pleasure, such clerks, treasurers, and surveyors, and such other officers and servants as may be necessary, and may allow to such clerks, treasurers, surveyors, officers, and servants respec- tively such salaries and wages as the board or vestry may think fit. [Part omitted (as to Metropolitan Board) rep. 55 & 56 Vict. c. 19 (8.L.R.). See also ss. 139 and 202 ; 25 & 26 Vict. c. 102, s. 112 ; 54 & 55 Vict. c. 76, ss. 106—109 ; and 62 & 63 Vict. c. 14, ss. 4 (1), 9 (\\andU (2).] 63. No person holding the office of treasurer under . . . any district board or any such vestry, nor his ])artner, nor any person in the service or employ of them or eitlier of them, shall hold, be [18 & 10 Vict.] Metropolis A fanagemunt Act \^r):y. [CnAvA'lO.] 217 eligible to, or in any manner assist or officiate in the olfico of clerk ; 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, «hall hold, be eligible to, or in any niiinner assist or officiate in the office of treasurer; and every i)erson ollendnig in any of the cases specified in this provision shall forfeit and pay the sum of one hundred pounds, which may be recovered by any person, with full <',osts of suit, by action in any of the su})erior courts of law. \_Vart omilti'dias to Metropolitan Hoard ) rt'p. .").") A: .">() Vtrt. c. V.) {S.L.J'.).^ 64. No officer or servant of the Metropolitan Board, or of any Penalty on ■district board or any such vestry, shall l)e in anywise concerned or officers, etc. interested in any contract or work made with or executed for such /esT^lTn*^ board or vestry ; and if any such officer or servant be so concerned contracts, or i)r interested, or, under colour of his office or emj)loyment, exact, exacting fees, take, or accept any fee or reward whatsoever, other than his proper salary, wages, and allowances, he shall be incapable of afterwards holdins: or continuiuiT in anv office or emtilovment under such board or vestry, und shall forfeit and pay the sum of fifty pounds, which may be recovered by any person, with full costs of suit, by action in any of the superior courts of law ; })rovided that no person, being a shareholder of any joint stock company, shall be j)revented from being employed as an officer or servant by reason of any contract between such company and such board or vestry, or of any work executed bv such company. \_See also the Publir Bodies Corrupt Practices Act 1889.] 65. Before any officer or servant as aforesaid enters upon any officers, etc. office or employment under this Act, by reason whereof he will or J"^t^i^^iJ,onev may be intrusted with the custody or control of money, the board or to give sec'u- vestry shall require and take from him such security for the faithful rity for duly execution of such office or employment, and for duly accounting *or 'for*Jh?same. all monies which may be intrusted to him by reason thereof, as they may think sufficient ; and every such officer and servant, as well during liis continuance in office or employment as upon his resignation, dismissal, or ceasing to hold his office or emjdoyment, shall respectively, when and in such manner as shall be required by the board or vestry, nuike out and deliver a true and perfect account, in writing signed by him, of all monies received by him for the purposes of this Act, and stating how, and to whom, and for what ])urpose such monies 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 vestrv mav ai)])oint all monies owing bv him ; and if any If officer fail such officer or servant fail to render such account, or to j)ro(luce and account, et-. deliver up such of the said vouchers and receipts as may be in his Justices may possession or i)ower, or to pav over anv such monies as aforesaid, or commit •/. <. 1 ^ ,. /' 1 .' 1 • • ^i ^ • 1 1 +• ;i offender to if, for the space ot five days after being thereunto required, lie tail pri^^^n. to deliver up to the board or vestry, or to such person as they may appoint, all books, papers, writings, property, efiects, 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 ai)pi'ar and answer the complaint before two Justices at a time and i)lace to be specified in the summons; and upon the ai)i)earance 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 tailed to 218 [Chap. 120.] Metropolis Management Act 1855. [18 (t 10 Vict.] Power to levy by distress. Metropolitan and district boards and vestries to provide proper offices, and to cause daily attendance to be given. " Vestry " in following provisions to mean vestry of a parish in Schedule (A.) Sewers (except main sewers) vested in vestries and district boards. render any such account, or to produce and deliver up any such vouchers or receipts, or any such books, papers, writings, property^ effects, matters, 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 seals, to commit the offender to gaol, there to remain, without bail, until he shall have rendered such account, and pro- duced 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 such monies as aforesaid, and that he still fails or refuses so to do, it 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 gaol, there to remain, without bail, for a- period not exceeding three months, unless such monies 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, without previous summons, by warrant under his hand and seal to cause him to be forthwith apprehended ; and in such case the said jiarty 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 satisfac- tion of the Justice be given for the appearance 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. \_See also s. 156 ; t/ie Summa/y JurisdiC' tion Act 1879, s. 6 ; and 02 & 63 Vict. c. 14, s. 14.] 66. . . . every such . . . vestry . . . shall provide and maintain such ofhces within their . . . parish as may be necessary for the purposes of this Act, and shall take care that their clerk, or some person duly authorized by them in that behalf, attends at their office daily (Sundays, Christmas Day, and Good Friday, and days appointed for any general fast or thanksgiving, alone excepted)^ for the purpose of receiving notices and transacting the ordinary business of the . . . vestry under this Act. \_Parts omitted (as ta Metropolitan Board and, district boards) rep. 55 & 56 Vict. c. 19 (S.L.E.) arid 62 & 63 Vict. c. 14, s. 35. See also ss. 150—155; 51 & 52 Vict. c. 41, s. 65 ; .56 & 57 Vict. c. ccxxi. s. 24 ; and 62 & 6a Vict. c. 14, .S-. 5 (2).] Duties and Poivers of Vestries and District Boards. 67. Where in the provisions herein-after contained any expression is used referring to the vestry of a parish, such expression shall be construed as referring only to the vestry of a parish mentioned in Schedule (A.) to this Act, unless such construction be repugnant to the context. 68. . . . all sewers vested in the Metropolitan Commissioners of Sewers* which are situate in any parish mentioned in Schedule (A.) to this Act (except such sewers as are mentioned * Aijpointed and empowered under 11 & 12 Vict. c. 112 ; 12 & 13 Vict. c. 93 ; 14 & 15 Vict. c. 75 : 15 & 10 Vict. c. 64 ; IG «c 17 Vict. c. 125 ; and 17 & 18 Vict. c. Ill ; since repealed bv 24 & 25 Vict. c. 101. and 38 & 39 A^ict. c. 66 (S.L.R.). [18 & 10 Vict.] ^[etropolis Management Act 1800. [Chap. 120.] 219 in Schedule (D.j to this Act), witli the walls, defences, banks, outlets, sluices, fla])s, penstocks, gullies, grates, works, and things thereunto appertaining, and the materials thereof, with all rights of way and ])assage used and enjoyed by such Commissioners over or to such sewers, works, and things, and all othei- rights concerning or incident to such sewers, works, and things, shall become vested in the vestry of such parish : and all sewers vested in the said Metropolitan Commissioners which are situate within any district mentioned in Schedule (B.) to this Act, exce})t 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 distiict ; and all sewers made and to be made within any sucli parish or district, except sewers and works vested or to be vested in the Metropolitan Board of AVorks, as herein-after mentioned, shall be vested in such vestry and board respectively. [ Words omitted i^" upon the commenremeid oj this Act "j rep. 00 k 00 Vict. c. V.) {S.L.R.).~\ 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 u'^^'ii^^ (B.) to this Act, shall (sul)ject to the powers by this Act vested in repair, etc. the Metropolitan Board of Works) from time to time repair and all sewers maintain the sewers under this Act vested in them, or such of them ^'^^^^^ i° as shall not be discontinued, closed up, or destroyed under the from time to powers herein contained, and shall cause to be made, repaired, and time to con- maintained such sewers and works, or such diversions or alterations struct new . ones etc of sewers and works, as mav be necessarv for effectuallv draininor ' their 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, or any street or place laid out as or intended for a street, or through or under any cellar or vault which may be under the pavement or carriasfeway of any street, and into, through, or under any lands whatsoever, making compensation for any damage done thereby as herein-after jirovided ; and it shall be lawful for any such vestry or district board from time to time to enlarge, contract, raise, lower, arch over, or otherwise improve or alter all or any of the sewers, watercourses, and works which shall be from time 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, tliat no new sewer shall be made without the previous approval of the Metropolitan Board of Works : Provided also, that the discon- tinuance, closing u]t, destruction, or alteration of any sewer as aforesaid shall be so done as not to create a nuisance ; and if by reason thereof any person shall be deprived of the lawful use of any covered 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 j)rovide a new sewer in substitution for a sewer discontinued, closed up, or destroyed, they may contract or otherwise 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 ]>rivate drains, and provide new drains in hen" thereof, as the circumstances of the sewerage may a})pear to them to require, but so that in every case 220 [Chap. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] Power to vestries and district boards to do works of im- provement in sewers, etc. the expense of which to be divided between the party liable and the parish or district. Oulh'holes, etc. to be trapped. Vestries and district boards to cause sewers to be cleansed, etc. Vestry or dis trict board in certain cases may compel owners, etc. of houses to construct drains into the common sewer. the altered or substituted drain shall he as effectual for the use of the person entitled thereto as the drain previously used. \_Part omitted (as to ^/food-works) rep. 42 & 43 Vict. c. cxcviii. s. 43. See also 25 & 26 Vict. c. 102, ss. 34, 35, 45—51, 58 and 83, and 53 & 54 Vict. c. 66, s. 4.] 70. Wherever any party is, by prescription, by reason of tenure, or otherwise, liable by law to maintain or do any repairs to sewers, banks, watercourses, or works in any such parish or district which the vestry or district board judge it necessary to alter or improve, it shall be lawful for them to make such alterations or improvements therein as they think proper, and to divide the expense of such alterations or improvements between the party liable to such main- tenance or repairs and the parish, district, or persons who would have been wholly liable to the expense of such alterations or improvements if no party had been liable as aforesaid, so as to throw on the party liable to such maintenance or repairs such part of the expense of alterations or improvements as may be equal to what would be incurred for such maintenance or repairs, and to throw on the parish, district, or persons aforesaid the residue of such expense, and to settle and adjust such proportions either by some general regulation or by order in each particular case, as they may think proper : Provided always, that nothing in this Act con- tained shall exempt from liability to do any works, or to pay the whole cost thereof, any person who, by prescription, by reason of tenure, or otherwise by law, is so liable. \_Amended 42 & 43 Vict, c. cxcviii. s. 43.] 71. Every district board and vestry shall, by providing proper traps or other coverings, or by ventilation, or by such other ways and means as shall be practicable for that purpose, prevent the 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. \_See also 25 & 26 Vict. c. 102, 6-. 27.] 72. Every vestry and district board shall cause the sewers vested in them to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed, and emptied, and for the purpose of clearing, cleansing, and empty- ing the same they may construct and place, either above or under ground, such reservoirs, sluices, engines, and other works as maybe necessary. \See also 57 & 58 Vict. c. ccxii. s. 16.] 73. If any house or building, whether built before or after the commencement of this Act, situate within any such parish or district, be found not to be drained by a sufficient drain com- municating with some sewer, and emjitying itself into the same, to the satisfaction of the vestry or board of such parish or district, and if a sewer of sufficient size be within one hundred feet of any part of such house or building, on a lower level than such house or building, it shall be lawful for the vestry or board, at their dis- cretion, by notice in writing, to require the owner of such house or building forthwith, or within such reasonable time as may be appointed by the vestry or board, to construct and make from such house or building into any such sewer a covered drain, and such branches thereto, of such materials, 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 stories, and also of its [IS & 19 Vict.] Metropolh Mana(f<^ment Act l^hb. [Chap. 120.] 221 areas, waterclosets, privies, and offices, (if any,) and for conveying the soil, druinage, and wash therefrom into tiie said sewer, and to provide fit and j)roper j)aved ur irc;j)ermeable sloped surfaces f(ir conveying surface water thereto, and tit and y)roper sinks, and fit and ])roper syphoned or otherwise tra]t])ed iiih^ts and outh'ts for hindering stench therefrom, and fit and j)roper water su])ply and water sn])}»lying pipes, cisterns, and apjjaratus for scouring the same, and for causing the same to convey away the soil, and fit and proper sand traj)s, expanding inlets, and other apparatus for hindering the entry of improper substances therein, and all other snch fit and jiroper works and arrangements as may a[)pear to the vestry or Injard, or to their officers, requisite to secure the safe and pro})er working of the said drain, and to j)revent 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 durini; their execution to order such reason- able 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, refpiisite to secure the complete and perfect working of sucli works ; and if the owner of such house or building neglect penalty on or refuse, during twenty-eight days after the said notice has been owner, etc. delivered to such owner, or left at such house or building, to begin ^°^ neglect, 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, and to recover the expenses to be incurred thereby from such owner in the manner herein-after provided. \_See ss. 22.5 — 227 ; 25 ct 26 Vict. c. 102, sis. 04, GO, ami 90 ; .54 k 5o Vict. c. TO, s. 48 ; and 57 & 5b Vict, c. ccxiii. s. 122—124.] 74. If it appear to the vestry or board of any parish or district ^^°^i!?^°°, ^'^'^ that a group or l)lock of contiguous houses, or of adjacent detached ^r^na°e of or semi-detached houses, may be drained and improved more econo- biocks'of mically or advantageously in combination than separately, and a bouses. sewer of sufficient size already exist or be about to be constructed within one 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 herein-before provided, by a combined operation. [^Atnended 26 & 26 Vict. c. l02, s. 64.] 75. It shall not be lawful to erect any house or other building >'o honse to in any parish mentioned in Schedule (A.) to this Act, or in any ^.*jf^,o^|[ district mentioned in Schedule (B.) to this Act, or to rebuild any drains con- house or building within any such parish or district which has been stmcted to I)ulled down to or below the floor commonly i-alled the ground floor, [j^j^n^f^t'he^' or to occupy any house or building so newly built or rebuilt, unless vistrv or a drain and such branches thereto and other connected works and 'iu-trict apparatus and water supply as herein-before mentioned be con- ^'^^'"'l- structed 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 222 [Chap. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] Notice of buildings to be given to the vestry or district board before commencing the same. Power to Metropolitan Board or vestrv' or district board to branch private drains into sewers, 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 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 herein-before required, and for that purpose the levels shall be taken and determined under the direction of the vestry or district board. \_See also 54 & 55 Vict. c. 76, s. 37 et seq.~\ 76. Before beginning to lay or dig out the foundation of any new house or building 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 rel)uild 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 shall be made in such direction, manner, and form, and of such materials and workmanship, and with such branches thereto and other connected works and apparatus and water supply as herein-before 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 district board shall make their order in relation to the matters aforesaid, and cause the same to be notified to the person from whom such notice was received within seven days after the receipt of such notice, and in default of such notice, or if such house, building, or drain, or branches thereto or other connected works and apparatus and water supply, be begun, erected, made, or pro- vided 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 re-made, 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 herein-after provided. \_See s. 202 and note thereon ; ss. 215—227; 25 & 26 Vict. c. 102, ss. 63, 64, and 88 ; and 57 & 58 Vict. c. ccxiii. ss. 145 and 164.] 77. [Power to branch drains into sewers. Rep. 25 & 26 Vict, c. 102, s. 61.] 78. Whenever it is necessary to open any part of the pavement or any street or public place, for the purpose of making or branching any private drain into any of the sewers or drains vested in the Metropolitan Board of Works, or any vestry or district board under this Act, or authorized to be made by them under this Act, it shall be lawful for the vestry or board, in case they think fit so to do, to [18 & 10 Vict.] Metropolis Management Art \Hyib. [Ciiap. IvlU.] 223 make so much and snch part of such private drain, and also to con- a* the ex- Ktruct so much and such part of the work necessary lor lii"a"t:hing '^^"^^^ "^^ ^ ® the same into the ])ublic sewers as shall he under or in any street, whom they and to i-oeover the expenses incnrred thereby from the owner of the belong, house, huilding, or ground to which such private drain belongs, iu the manner herein-after provided. [^See ss. 225 — 227.] 79. It shall be lawful for any such vestry or board to contract v«?stry or and agree with the owners or occupiers of anv houses, buildings, or l'f*"^,l^l'V** 1 1 1* •!! 1*^1 1 11 '^^ ' agree CO ground that any drams reqmred to be made, altered, or enlarL-'ed make house by such owners shall be constructed, made, altered, and enlarged by drain.s at the vestry or board ; and the cost price of making, altering, or of^ow^ng^i-s^i^r enlarging such drains, as certified by the surveyor of the vestry occupiers, or board, shall be re]iaid by the owner or occupier so agreeing to the vestry or board, and in default of payment the same may be recovered in the manner herein-after provided. [_See ss. 225 — 227.] 80. ^Vll(M•e any sewer in anv of the parishes mentioned in either Vestry or of the iSchedule.s (A.) and (B.) to this Act, into which anv drain '^^«'"^"V°^^*^ V / \ y ' ^ ^ •- IT13.V order £1 shall l)e made or branched, has been built since the third day of eoiitributioa September one thousand eight hundretl and thirteen, and before the towards con- €ommencement of this Act, at the expense of any T)erson or bodv *^'^"'^^'°'^ "^^ other than any commissioners of sewers, the vestry or district board certain cases, in whom such sewer is vested may order such sum as they may deem just to be paid and contributed by the owner of tlie house to which such drain belongs towards the expense of the construction of such sewer, which 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 tliey see tit, order and accej)t j)ayment of such sum, with interest after a rate not exceeding live pounds for the hundred by the year, by instalments within any period not exceeding twenty years. \_See also 25 & 26 Vict. c. 102, s. 59.] 81. \_As to erecting and rebuilding houses without proper water- closets. Hep. 54 & 55 Vict. c. 76, s. 142. See ibid. ss. 37 — 42.] 82. It shall be lawful for any such vestry or board, or for their Power for surveyor or inspector, or such other person as they appoint, to district ^° inspect any drain, ... or sinks, traps, syphons, pipes, or other boards to works or apparatus connected therewith, within the parish or dis- authorize trict of such vesti-y or board, and for that ])urpose, at all I'easonable ^^g^'*^° ° times in the daytime, after twenty-four hours notice in writing has been given to the occupier of the premises to which such drain, . . . or other connected works or apparatus as aforesaid, is attached, or left upon the premises, or iu case of emergency without notice, to enter, by themselves or their surveyor or inspector and workmen, upon any premises, and cause the ground to be opened in any place they think fit, doing as little damage as may be. [Farts ofnitted (as to watercloset, priiy, cesspool, and water supphj apparatus) rep. 54 it 55 Vict. c. 76, s. 142. See ibid. ss. 2 (1) (b), lU, and 40—42.] 83. In case any drain, ... or other connected works or ap])aratus. Penalty on herein-before mentioned, be found, on inspection, not to have been persons made or provided according to the directions or regulations of the l^a^'in^Jor vestry or district board, or contrary to the provisions of this Act, or altering in case any ])erson, without the consent of the vestry or district drains, board, construct, rebuild, or unstop any sewer, drain, . . . which may have been ordered by them not to be made, or to be demolished or stopped up, ... or destroy any connected works or apparatus as aforesaid, or iu case any person, without the consent of the vestry or 224 [Chap 120.] Metropolis Management Act 1855. [18 & 19 Vict.] district board, break into any sewer vested in sncli vestry or board, every person so offending shall forfeit and pay any sum not exceed- ing ten pounds ; and in case the person so making any sewer, drain, ... 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, . . . which may have been ordered to be demolished or stopped up, ... or destroying any connected works or apparatus as aforesaid, or break- ing into any such sewer as aforesaid, do not, within fourteen days after notice in writing by the vestry or board, cause such sewer, . drain, ... 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 connected works or apparatus to be restored, then and in every such case the vestry or board may cause the work to be done, and the expenses thereof shall be paid by the person who has so offended. \^Xote to s. 82 applies. See also ss. 225—227 ; and 25 & 26 Vict. c. 102, ss. 66, 68, and 69.] Where no 84. If such drain, . . . or other connected works and apparatus, default found \^q found on inspection as aforesaid to be made to the satisfaction of be paid by the vestry or board, and in proper order and condition, they shall vestry or cause the Same to be reinstated and made good as soon as mav be, board. ^^w^ the expenses of examination, reinstating, and making good such drain, ... or other works or apparatus as aforesaid, shall be defrayed by the vestry or board, and fall compensation shall be made by them for all damages or injuries done or occasioned by the examination of any such drain, ... or other works or apparatus as aforesaid. [Note to s. 82 applies. See also ss. 225 — 227.] Vestry or 85. If, upou such inspection as aforesaid, any drain, . . . appear to'^^^ause t^ ^® ^^ ^^ order and condition, or to require cleansing, alteration,, drains, etc. to or amendment, or to be filled up, the vesti'y or board shall cause be put into notice in writing to be given to the owner or occupier of the pre- d^ti^n^ T^' Ibises upon or in respect of which the inspection was made, requiring' where' him forthwith, or within such reasonable time as shall be si)ecified necessary. 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- incurred by them in so doing shall be paid to them by the owner or occupier of the premises. [JVote to s. 82 applies. See aha ss. 225—227 ; and 25 & 26 Vict. c. 102, 6-. 64.] Vestry and 86. . . . Provided also, that where any work by any vestry or to^cause ^^^ district board done or required to be done in pursuance of the pro- ofEensive visions of this Act interferes with or prejudicially affects any ancient ditches, mill, or any right connected therewith, or other right to the use of brcleansed*^ water, full compensation shall be made to all persons sustaining or covered, damage thereby, in manner herein-after provided, or it shall be Where works lawful for the vestry or board, if they think fit, to contract for the interfere with pni-chase of such mill, or any such right connected therewith, or ^7u^^?l^^^ other right to the use of water; and the provisions of this Act iniii, etc. ,*— ' - - 111* J.* compensation With respect to the purchases by the vestry or board herem-aiter to be made, authorized shall be api)licable to every such purchase- as aforesaid. the"mn^^ [Pari! Omitted {as to cleansing, Jilling up, etc., oj'ensive ditcheSy purchased, drains., etc.) rep. 54 & 55 Vict. c. 76, s. 142.] Power to 37^ Jt giiall be lawful for any vestry or district board, where they district ^^"^ think fit, to cause the ditches at the sides of or across public roads- [18 & 19 Vict.] MetrojwUs Management Act 1855. [Chai>. 120.] 22a and byeways and j)ublic footways to be filled nj), and to snbstitnte boards pipe or other drains alongside or across sncli roads and ways, with 'j-^,!,^^"^^,^!^^^ a])proj)riate shoots and means of conveying water from such roads side of roads, and ways tliereinto, and from time to time to rej)air and amend the '^"'^ **"bsti- same ; and the surluce of hind gained by filling up such ditches " ^ P'P*^**- may, if the vestry or board so think fit and direct, be thrown into snch roads and ways, and be rej)airable as })art thereof, and be under the control of the surveyors of the higlnvays, or other })erson in charge of snch roads, byeways, or footways. 88. [.I*' to public conremences. lie p. 54 & 55 Vict, c 7^, a. 142. See ibid. s. 44.] 89. If any vestry or district board desire t(^ transfer to the Vestries and MetroT)olitau Board of Works the ])0wers and duties vested in J^''^^™'^ 1 . T • , 1 1 • 1 • 11- boards may snch vestry or district board in relation to sewerage and drainage, transfer their and a resolution for so transferring sucli powers and duties be powers as to j)assed by a majority at a meeting of such vestry or district board, ^f^^JYi^ro^*' specially convened for the purpose of considering the question of poiitan Board such transfer, of which not less than fourteen days notice shall of Works. have been given, and at which there shall be present not less than two thirds of the whole 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 sucli 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 ex])enses incurred by them in the execution of the j)owers and duties so transferred to them. [^See also 25 & 26 Vict. c. 1U2, s. 28 ; and 62 & 63 Vict. c. 14, ss. 5 (3) and 7.] 90. All the duties, powers, and authorities for or in relation to the -^V P^^'"^ ,. , ,. / . ' , . . . ,. . , relating to paving, lighting, watering, cleansing, or imju-ovmg ot any parish pavingretc. mentioned in Schedule (A.) to this Act, or any ])art of such j)arish, to be vested now vested in any commissioners, or in anv bodv other than the "* Y^.'^^'i^'^ , r. , -^ . , . /r. i'" ' • • and in dis- vestry oi such parish, or in any oiiicer ot any commissioners or trict board.--, 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, or the administration of any money or other j)roperty a])])licable to the relief of the poor, so far as such duties, powers, and authorities relate thereto,) now vested under any local Act of Barliament in any commissioners, or in any body other than the vestry of such parish, or in any such officer, shall cease to be so vested, and shall, save as herein otherwise provided, become vested in and be jierformed 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 imjtroving of any parish included in any district men- tioned in Schedule (B.) to this Act, or any ])art of such parish, now vested in any commissioners, vestry, or other body, or in any oiiicer 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 jjarish, or part, or of the inhabitants thereof 15 226 [Ghap. 120.] Metropolis MaJiagement Act 1855. [18 & 19 Yict.] Saving as to Baths and Washhouses, Metropolitan Burials, Markets and Charitable Trusts Acts. Expenses incurred under exist- ing powers relating to paving, etc. to be deemed expenses incurred in execution of this Act, As to the transfer of property. (except such duties, powers, and authorities as relate to the aiFairs 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 com- missioners, 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 by 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 men- tioned in the said Schedule (A.) and to every such district board accordingly, and the offices of all commissioners 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. ISee also 19 & 20 Vict. c. 112, ss. 1—3 ; 25 & 26 Vict. c. 102, s. 73 ; 35 & 36 Vict. c. Ixvi. s. 3 and note thereon ; and 62 & 63 Vict. c. 14, s. 23.] 91. Provided always, that . . . 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. VPart omitted {Act not to divest vestries^ commissioners, or hurial hoards of i^owers as to baths and ivashhouses and burials) rejj. 62 & 63 Vict. c. 14, s. 35 ; and see ibid. ss. 4, 23, and 34.] 92. Provided also, that all expenses of paving, lighting, watering, cleansing, or improving any parish or any part of any parish mentioned in either of the Schedules (A.) and (B.) to this Act, and all other expenses in relation to the regulation, government, or I)ublic concerns of any such parish or part, or of the inhabitants thereof, 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 law payable out of any poor rate, which are not herein provided for, shall be deemed expenses incurred in the execution of this Act, and shall be defrayed accordinglv. \See also ss. 158 — 169 ; and 19 & 20 Vict. c. 112. ss. 1—3.] 93. All property, matters, and things whatsoever vested in such commissioners or other body, or in any such officer as aforesaid, under any such Act, in connexion with any such duties or powers as aforesaid, 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 vestrv or board ; and where anv 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 Metropolitan Board of Works shall by their order declare in what vestry or district board they shall be vested, and may, if they see fit, apportion 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 possession of any such commissioners or other body, or any such officer, which becomes vested in any such vestry or board under this enactment, and the income of any other such property, until sold or disposed of, shall be applicable, as nearly as may be, for the like purposes as if this Act had not been passed. [18 & 19 Vict.] Metropolis Management Act 1850. [Chap. 120,] 227 94. \_Samn(f for existing contractsi of such rommistiioners and hodics. Semhle spent.^ 95. /'Jxisti)ig cotnmis.sioners, etc., continued until commencement of this Act. Rep. 38 & 39 Virt. c. 66 (S.L.U.).] 96. Every vestry and district board shall, witliiti their parish l^owers an-l or district (exclusively of anv other itcrsoiis whatsoever), execute the ^"^'^'^ °^ , re !■ I 1 " r\-\ 11 II 1 surveyors of oihee 01 and be surveyor ot hi,t,Miways, and iiave all such powers, highways, authorities, and duties, and be subject to all sueh liabilities, as and property any surveyor of hij^hways in Enj^land is now or may hereafter be them Vr^ns invested with or liable to by virtue of his ofHce, under tiie laws for ferred to the time being in force, so far as such jjowers, authorities, duties, vestries and and liabilities are not inconsistent with this Act : but all expenses 'jJ'^^^V^' which under any such law ought to be defrayed by liighway rates shall be defraved bv means of the rates to be raised under this Act, and all monies which would be apjdicable in aid of such higiiway rates shall be a})j)lied in aid of the said rates to be raised under this Act, and no such vestry or b(jard shall be subject to any provisions concerning the accounts of surveyors of highways, or requiring any returns to be made to any special sessions; and all streets being highways, and the pavements, stones, and otlier materials thereof, and all other things provided for the purposes thereof by any surveyor of highways, or by any person serving the office of sur- veyor of highways, or by any vestry or disti-ict V)oard under this Act, shall vest in and be under the management and control of the vestry or district board of the ])arish or district in which such higiiways are situate. [See also the Highway Act 1835, and 51 & 52 Virf. c 4l,s. 11 (1).] 97. [^1^ to rates alrradf/ made. Hep. 38 & 39 Vict. c. 66 {S.L.H.).-] 98. It shall be lawful for every vestry and district board from Vestry or dis- time to time to cause all or any of the streets within their j)arish or ^"^^ ^stre^ts° district, or any part thereof respectively, to be paved or repaired to be paved, when and as often and in such form and manner and with such materials as such vestry or board think tit, 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 })roper, and to alter the position of any mains or pi})es in or under such street, such altera- tion to be made subject to the ajjproval of the engineer of the company to which such mains or pipes belong. \_See also ss. 105 and 1U() : 25 & 26 Vict. c. 102, ss. 77 aiid 112 ; 35 & 36 Vict c. Ixvi. s. 3 and note thereon ; 53 & 54 Vict. c. 54, ss. 1 — 3 ; and b^ & 54 Vict. c. 66, s. 3.] 99. Provided always, that whenever the freehold of any court, Owners passage, or public place, not being a thoroughfare, is vested in the ^°e*hoid°of owner of any adjoining house, the paving of such court, inissage, or courts, etc. public })lace shall be done by such owner, if deemed expedient i»r t" p^^'e tlie necessary by the vestry or district l)oartl. ^'^^^' 100. The owner of any such court, passage, or public place, not Owner of being a thoroughfare, shall, if required by the vestry or district board j'j!."i"Yh° of the {)arish or district in wliicli the same is situate, to the satisfaction and keep the of such vestry or district board sufficiently i)ave, cover the surface pavement, of, or repair the same, and lay, at a proi)er level, through, over, ^^^' ^° repair. -Under, or along sucli j)art thereof as such vestry or board may require, a drain, channel, or gutter, and keep such pavement or 228 [Chap. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] Penalty on owners for neglect. Vaults and cellars under streets not to be made without the consent of the vestry or board. Vaults, etc. under streets to be repaired by owners or occupiers. Provisions for paving new streets. 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 fourteen 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 pav any sum not exceeding five pounds. [_See also 25 & 26 Vict. c. 102, s. 81.] 101. No vault, arch, or cellar shall be made under any street without the consent of the vestry or district board of the parish or district in which the same is situate ; and all such vaults, arches, and cellars hereafter to be made within any parish or district mentioned in either of the Schedules (A.) and (B.) to this Act shall be substantially made, and so as not to interfere or communicate with any drain or sewer under the control of any vestry or district board, or of the Metropolitan Board of Works, without their con-, sents 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. \_See also 57 & 58 Vict^ c. ccxiii. s. 72.] 102. All vaults, arches, and cellars made either before or after the commencement of this Act under any street in any parish or district mentioned in either of the Schedules (A.) and (B.) to this Act, and all openings into the same in any such street, shall be- repaired and kept in proper order by the owners or occupiers of' the houses or 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 from such owner iij the manner- herein-after provided. \_See also 61 Geo. 3, c. xxix.^ and 2 & 3. V^ict. c. 47. s. 60.] 103—104. \_Occiipation of under gi^ound rooms as dwellings. Hep.. 54 & 55 Vict. c. 76, s. 142.' See ibid. ss. 96—98,] 105. In case the owners of the houses forming the greater part of any new street laid out or made or hereafter to be laid out or made, which is not paved to the satisfaction of the vestry or district board of the parish or district in which such street is situate, be desirous of having the same paved, as herein-after mentioned, or if such vestry or board deem it necessary or expedient that the same should be so ])aved, 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 aijd footpaths thereof, or any part of such breadth, and from time to time keep such pavement in good and sufficient repair ; and the owners of the houses forming such street shall, on demand, pay to such vestry or board the amount of the estimated expenses of providing and laying such pavement (such amount to be determined by the surveyor for the time being of the vestry or board) ; and in case such estimated expenses exceed the actual expenses of such paving,, then the difference between such estimated expeqses ar\d such actual 90Q {18 & 19 Vict.] y/etropolts Afa /fakement Act ISbry. [Chap. 120.] expenses shall be ro])ai(l by the said vestry or board to the owners of honses by whom the said sura of money has Ijecii jiaid ; and in case the said estimated expenses be less than the actnal 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 j)aid, amounts to such actual expenses. \_Set' note on s. 98.] 106. The vestry or district board of any parish or district may, ^estry or if tliey think fit, by notice in writing put up in any j)art of any street declar^their in their ])arish or district, not being a highway, declare their inten- intention of tion of repairing the same under tliis Act, and thereupon the same repairing any shall be from time to time re])aired by them under the authority of^^^^'^^ this Act. . . . l^Part omitted {notice in icritinq to he given to persons highway. intc rested) rep. 25 & 26 Viet. c. 102, s. 80.] 107. Nothing in this Act shall extend or be construed to extend Act not to to authorize the taking down or removing any bar, gate, rail, or other ^a^inTanv^ fence fixed for preventing any thoroughfare into or from any square, thoroughfa're street, or way, without the consent of the proprietor of the estate without the or property upon which such bar, gate, rail, or other fence, square, prop^etor of^ street, or way shall be situate. \_See also 53 & 54 Vict. c. ccxlvii. ; the estate. i^(S k 57 Vict. c. Ixvi. ; and 01 k 62 Vict. c. ccxxi. ss. 42 — 45.] 108. It shall be lawful for every vestry and district board from Vestries and time to time to place any posts, fences, and rails on the sides of anv ^'^^'"l^'^ n ^ ^ • ii • -1 T i. • i. x" i.1 ' boards ma V lootways or carriageways m their parish or district, tor the purposes place fences, of safety, and to pr(>vent any carriage or cattle from going on the etc. to same, and also to place any posts or other erections in any carriage- footways. ways so as to make the crossings thereof less dangerous for foot passengers, and also from time to time to repair and renew any such posts, rails, or fences, or to remove the same, or any other obstruc- tion or encroachment on any carriageway or footway. [^See also ss. 119 and 120; 57 Geo. 3, c. xxix. 6-5. 64 — 66; the Highway Act 1835, s. 72; 2 & 3 Vict. c. 47, s. 60 ; 51 & 52 Vict. c. 41,'5. 11 (1) ; 57 & 58 Vict. c. ccxiii. s. 199 ; and 62 & 63 Vict. c. 14, s. 5 (1).] 109. No company or person shall break up or ojjcn the pavement, Notice to be surface, or soil of any street, the paving whereof is under the control s'^^" ^-T and management of the vestry or district board of any ])arish or to vestries district, for the purpose of making and laying down any main of and district pipes or for anv other purpose whatsoever, except in cases of ^^^'"'^ ^'^^'^ •^ ' . . • p 1 j^ . • • ^1 1 -i-r . mvement, emergency arising troni detects in pipes or other works, without \.^^ j^ be- having previously given three clear days notice in writing to such quired to be vestry or district board, stating in such notice the name of the street ^^'^'-'^ "P- and the particular part thereof in which such pavement, surface, or soil is intendetl to be broken up or opened, the day on which the work is proposed to be commenced, and the time within which it will be completed ; and in any such case of emergency as aforesaid such company or person shall, within twelve hours after they or he begin to break up or open sucli pavement, surface, or soil as aforesaid, give such notice as aforesaid to the said vestry or district board : and no such j)avement, soil, or surface shall be broken uj) 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 Ixmrd ; and no gaslight comjiany shall at any time break uj) or open any such pavement, surface, or soil for the })urpose of laying down any new mains of pipes, without the consent iu writing of the said 230 [CHAr. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] streets not to be broken up, except under the super- intendence of vestry or board. Streets broken up to be reinstated without delay. Penalty on persons taking up pavements neglecting to reinstate them, and to place lights during the night-time to prevent accidents. vestry or district board ; and every company or person offending against this enactment shall for everv such offence forfeit a sum not exceeding five pounds, and shall, within 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 pave- ment, 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 the least before so doing, notice of their intention to break up or open such pavement, surface, or soil for such purpose.* 110. Whenever it is necessary, from any cause whatever, for any comjiany or person to 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 ; 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 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 opened to be fenced and guarded, and shall set up and maintain ujion 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. \_Amended 25 & 26 Vict. c. 102, .s-. 82.] 111. If any company or person authorized to break up or open any of the pavement or surface of any street, for the purpose of laying, altering, or repairing any gas, water, or other pipe, or other lawful cause, do not with due diligence cause the ground to be filled in, and the pavement to be reinstated, and the surface to be made good, in a proper and substantial manner, or do not in the mean- time fence and guard the same, and affix and maintain lights during the night near to the places where any ground is open, so as to prevent any accident, every such company or other person so offending shall for every such offence forfeit a sum not exceeding five pounds, and also a further sum not exceeding forty shillings for every day during which such offence continues ; and no such pavement shall be considered to have been reinstated in a proper and substantial manner by any such company or other person 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. * Provisions as to ojiening streets are also contained in .57 Geo. 3, c. xxix. ss. 15 et seq. ; the Waterworks Clauses Acts 1847 (ss. 28 — 34), and 1863; the Gas Works Clauses Acts 1847 (ss. 6—12), and 1871 ; 23 &. 24 Vict. c. 125, ss. 49, 50, and 54 ; the Tramways Act 1870, ss. 26—33 (see Appendix) ; the Electric Lighting Act 1882, s. 12 ; various special Acts and Orders of London Gas Companies and London Water Com- panies and Metropolitan Borough Councils supplying electricity in London : the Telegraph Acts 1863 (ss. 9—20), 1878 (ss. 3 and" 4), and 1892 (s. 5); the London Hydraulic Power Company's Acts 1871 to 1893; the Metropolitan District Railway Act 1900, ss. 4, 5, and 14, and various special Acts relating to London underground railways, and 56 & 57 Vict. c. ccii. [18 & 19 Vict.] Metropolis Management Act l^hh. [Chap. 120.] 231 112. In case any part of the jiavement of any street be sunk Vestry or broken, injured, or damaged by reason of the breaking, bursting, or [^^^j^^^^ " want of repair of any pipe belonging to any water, gas, or other pavements company, it sliall be lawful for the vestry or district board of the i"j"red by parish or district in which such ])avement is situate, if they deem "t^^l^^ it expedient so to do, to cause notice to be given to the company to repaired by wliom such pipe is supposed to belong forthwith well and sufhciently company, to r(!pair and make good such jiavement : and if the company to penalty for whom such notice is given do not, within forty-eight hours next neglect, after such notice, take up such pavement, and well and sufficiently repair and 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 ofiending shall for every such offence forfeit and pay any sum not exceeding twenty jjounds. 113. Provided always, that in case it be discovered, after any Company pavement in any street has been taken up by any company, and the g^und^to ground 0})ened, that tlie pipe beneath the surface of such pavement repair a pipe required to be repaired and amended does not belong to the company di'^covered to to whom such notice has been given as aforesaid, but to some other another com- company, then such first-mentioned company to whom such notice pany, to give has been so given as aforesaid shall, within forty-eight hours after notice to such such discovery, cause a copy of sucli notice to be in like manner and^o°be given to the company to whom such pipe belongs, and require them reimbursed to obey, conform to, and comply with the original notice, instead expenses. of the company to whom such original notice was given as afore- said ; and such other company to whom such last-mentioned notice is given 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 tlie same manner, and within such and the same time, in all respects, as if the said original notice had been given to 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 comjjany by whom such pavement 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 oftence forfeit and pay any sum not exceeding twenty pounds. 114. Provided also, that whenever the permanent surface or soil ^^^^^^^^ ^^ of any street is broken up or opened, it shall be lawful for the (jj^^rict boanl vestrv or district board of tlie ])arish or district in which the same to reinstate is situate, in case they think it exi)edient so to do, to fill in tbe P^^'J^^^jJ^*"^ ground and to make good the pavement or surface or soil so broken expenses to up or opened, and to carry away the rubbish occasioned thereby, the parties, instead of permitting such work to be done by the com]»any or person by whom such surface or soil is broken uj) 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 comjiany or person. 232 [Chap. 120.] Metropolis Management Act IS-")."). [18 & 19 Vict.] Power for vestry or district board to contract with com- pany for restoring pavements. As to the watering of streets. Vestries and district boards may appoint and pay crossing sweepers. Owners, etc. to remove future pro- 1 jections, on notice from vestry or dis- trict board. Penalty for neglect. Vestry or district board may remove existing pro- jections and make com- pensation for the same. 115. It shall be lawful for the vestry or district board of any parish or district to coutract and agree, for any term of years or otherwise, with the several companies or persons authorized to take up any of the pavements or other formed surface of any of the streets within such parish or district, for the filling in, paving, and restoring of such parts of the said streets as may be from lime 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. . . . [Part omitted {powers to vestries and district hoards to sink wells and fix jjumps) rep. 54 & .55 Vict. c. 76, s. 142. See ibid. s. 51.] 117. [ Vestries and district boards to cleanse footways. Rep. .54 k 55 Vict. c. 76, 6-. 142. See ibid. s. 29.] 118. It shall be lawful for every vestry and district board to appoint and pay, or for two or more vestries and district boards to unite, when necessary, in appointing and paying, suitable persons to cleanse and sweep, and to keep properly cleansed and swept daily, crossings for passengers over the streets and public thorough- fares within their respective jurisdictions, and in such situations as the said vestries or district boards may from time to time fix and determine, 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 window, or steps leading into any cellar or otherwise, lamp, lamp post, lamp iron, sign, sign post, sign iron, showboard, window shutter, wall, gate, fence, or opening, or any other projection or obstruction placed or made against or in front of any house or building after the commencement of this Act, shall be an annoyance, in consequence of the same projecting into or being made in or endangering or rendering less commodious the passage along any street in their parish 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 such house or building neglect or refuse, within fourteen days after 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 five pounds, and a further sum not exceeding forty shillings 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. {_See note on s. 1U8 ; and. 57 & 58 Vict. c. ccxiii. ss. 73 and 164.] 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 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 [18&19YICT.] Metropnli.^ Management Act \^')^). [Ohai-. 120.] 233 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 comj)ensation to every i)erson who shall incur any loss or damairc by such removal, excoptinrr in cases where the obstruction ur projection may now be removuble under any Act, in which case no compensation shall be made. \_See note on s. IIH.] 121. Every person who shall build, or bco:in to build, or to take Hoards to be down or begin to take down, any house, liuilding, or ^i^l'> or alter I'^g^j.gp^^"^^" or repair, or begin to alter or repair, the outwurd part (;f any house, buildinii-, or wall, shall, in all cases in which the footwav is therebv obstructed or rendered inconvenient, cause to be put up a proper and sufficient hoard or fence, with a convenient platform and han. 16.] 136. {Plans of works for prcenting sewage passing into the Thames to be approi:ed bg Commissioners of Works. Rep. 21 & 22 Vict. c. 104, s. 25.] * As to districts outside the metropolis now discharging sewage into the metro- politan main drainage system, see 34 & 35 Vict. c. cxxix. ; 35 &: 3(5 Vict. c. clxiii. ; 3() & 37 Vict. c. ccxviii. ; 54 & 55 Vict. c. ccv. ; oC. &; 57 Vict. c. cciv. ; 59 k. 60 Vict, c. ccxlvii. ; 60 & Gl Vict. c. cclii. part v.; 61 & 62 Vict. c. cxliii. ; Penge Scheme 1900 made under 62 & 63 Vict. c. 14 ; 3 Edw. 7, c. cl.xxxviii. part ix. 236 [Chap. 12U.] Metropolis Management Act 1855. [18 & 19 Vict.] Metropolitan Board mar declare sewers to be main sewers and take under their jurisdiction sewerage matters under juris- diction of vestries and district boards. Metropolitan Board to make orders for control- ling vestries and district boards in construction of sewers, etc, Metropolitan Board may direct ap- pointments to be made for two parishes or districts jointly. Or may place a street in different parishes under the management of one vestn', or part of a parish under the manage- ment of vestry of adjoining parish. 137. In case it appear to the Metropolitan Board of Works that any sewers in the metropolis not herein-before vested in such Board ought to be considered main sewers, and to be nnder their manage- ment, it shall be lawful for such Board, by an order under their seal, to declare the same to be main sewers, and thereupon the same shall vest in and be under the management of the said Board ; and it shall also be lawful for the said Board by any such order to take under their jurisdiction and authority any other matters in relation to sewerage and to drainage with respect to which jurisdiction or authority is by this Act vested in any vestry or district board. 138. The Metropolitan Board of A\'orks shall from time to time, in order to secure the efficient maintenance of the main and general sewerage of the metropolis, make such general or special order as to them may seem proper for the guidance, direction, and control of the vestries of parishes and district boards in the levels, construc- tion, alteration, and maintenance and cleansing of sewers in their respective parishes or districts, and for securing the proper con- nexion and intercommunication of the sewers of the several parishes and districts 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 exer- cise of their jjowers and duties in relation to sewerage ; and all such orders shall be binding upon such vestries and boards. \_See also ss. 83 ami 204 ; 25 & 26 Vict. c. 102, .§.§. 32, 45— 51, 68, 69, and 83 ; 53 & 54 Vict. c. QQ, ss. 4 and 5 ; 53 & 54 Vict. c. ccxliii. s. 39 ; 56 & 57 Vict. c. ccxxi. s. 23 ; and 57 & 58 Vict. c. ccxii. ss. 8 — 17.] 139. The Metropolitan Board of Works, where it appears to them expedient that any officer or set of officers necessary for any of the purposes of this Act should act for a larger area than is comprised in one parish or district, or for parts of different parishes or districts, may, with the consent of the vestries or boards of such parishes or districts, direct that such vestries or boards shall unite in the appoint- ment and removal of such officer or set of officers ; and the said Metropolitan Board shall in such case 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 respectivelv. [See 54 & 55 Vict. c. 76, ss. 99 (4), 106 (2), and 108 (1) and (2) (b) ; and 62 & 63 Vict. c. 14, s. 8 (4).J 140. It shall be lawful for the Metropolitan Board of Works, where it appears to them that any street or line of street, being in more than one parish or district, should be placed under the exclusive management of one vestry or district board for the pur- poses of paving, lighting, watering, and cleansing, or any of them, or for the purposes of sewerage and drainage, or for all the purposes of this Act, to order that the same shall be under the management of such vestry or board accordingly ; and it shall also be lawful for the said Metropolitan Board, where it appears to them that any part of any parish or district is so detached or situate that it would be convenient for the purposes of sewerage or drainage that the same should be placed under the management of the vestry or district board of any adjoining parish or district, to order that such part shall, for such purposes, be under the management of such vestry or district board. [See s. 160 and 25 & 26 Vict. c. 102, s. 86.] [18 & 19 Vict.] Metropolis Managnnfnt Act \^hi). [Chap. 120.] 237 141. [^Naming of streets and numherinq of houses. Rep. 25 —'.Ss.'] 142. [Register of alterations of street names tu hi' kept. Rep. 57 & 58 Vict. c. ccxiii. s. 215. See ibid. s. 38.] 143. [Building line. Rep. 25 & 20 Met. c. 1 •»•,', s. 75. See 57 t such sewers f^^ppt^^^'^ as are not within the limits of the parishes and places mentioned in sewers trans:- the schedules to this Act, shall be vested in the Metrojwlitan Board ferredtoves- of Works. . . . [Part omitted {as to existing debts, contracts, etc.) |"j^^ boards) rep. 55 & 56 Vict. C.\^ {S.L.R.).'] transferred to the Metro- Auxiliary Powers common to the Metropolitan Board of Works of works. ' and to Vestries and District Boards. 149. The Metropolitan Board of Works, and every district board Power to and vestry, may enter into all such contracts as they may tliink ^e^/ries^uf necessary for carrying this Act into execution ; and every such enter into contract for works or materials whereof the value- or amount exceeds contracts ten pounds, shall be in writing or print, or ])art]y in writing and ^Jt^^7J'"^ partly in print, scaled with the seal of the board or vestry ; and execution, every contract so entered into, and duly executeil by the other parties thereto, shall be binding on the board or vestry and their successors, and upon all other parties thereto : Provided always, I'ower to that it shall be lawful for any such board or vestry to comi)Ound for™!^n'aities with any contractor or other person in respect of any penalty iu respect of incurred by reason of the nonperformance of any contract entered i^'reacb of into as aforesaid, whether such ])enalty be mentioned in any such ^'^^ contract or in any bond or otherwise, for such sum of money or other recompence as to the board or vestry may seem proper. * See footnote to s. 68, 238 [Chap. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] Power to boards and vestries to purchase lands, etc. for the purposes of this Act. Certain provisions of 8 & 9 Vict. 0. 18. incor- porated with this Act. Lands not to be taken compulsorily, except by Metrojxjlitan Board, with consent of Secretani" of State. 150. It shall be lawful for the Metropolitan Board of Works and 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 easement 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 land for the erection and formation of such ofiices and other buildings, yards, stations, or places for deposit ; and also to contract for the purchase, removal, or abatement of any milldara, 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 laud, which it may be necessary 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 purchase 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, manufacturing, or commercial purposes. \_See 25 & 26 Vict, c. lo2, s. 22, and 57 & 58 Vict. c. ccxii. s. 4.] 151. For the purpose of enabling the said Metropolitan Board, and everv district board and vestrv, to obtain anv laud, or anv right or easement in or over any land, which they respectively may require for the purposes of this Act, " The Lands Clauses Consolidation Act, 1845," except the provisions of that Act with respect to the recovery of forfeitures, penalties, and costs, shall, subject to the 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 laud shall be applicable in the case of a purchase of a right or easement in or over any land ; 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 Act, as the case may be. 152. Provided always, that the provisions of the said Lands Clauses Consolidation Act " with respect to the purchase and taking of lands otherwise than by agreement '" shall not be incorporated with this Act, save for enabling the Metropolitan Board of Works to take land, or 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 within the metropolis from passing into the Thames in or near the metropolis, or otherwise for the purpose of the sewerage or drainage of the metropolis : Provided also, that no land, or right or easement in or over land, for the purposes [18 & 19 Vict.] Metropolis Management Act I860. [Chap. 120.] 239 aforesaid, shall be taken compulsorily by the said Board, without the previous consent in writing of one of Her Majesty's principal Secretaries of State. \_See aUo 21 & 22 Vict. c. 104, s. :} ; and 25 & 20 Vict. c. 102, s. 22.] 153. The Metropolitan Board of Works, before a])plying for the Previous consent of tlie Secretary of State for taking land, or any riu'lit or ^g'^^.^.^n easement in or over land, eoinpulsorily, as aforesaid, shall publish, once at the least in each of four consecutive weeks, in one of the daily newspapers ])ul)lished in the metropolis, an advertisement describing the nature of the works in resjiect of which tlie land, right or easement, is proposed to be taken, naming a ])Iaee where a })lan of the proposed work is open for inspection at all reasonable hours, and stating the quantity of land or the particulars of the right or easement that they reipiire for the i)ur])ose of such works, and sliall serve a notice on the (owners or reputed owners, lessees or reputed 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 ])reviously to tlie appli- cation to such Secretary of State, and such notice shall state the particulars of the land, right or easement, so re(piired, and that the Metropolitan Board are willing to treat for the purchase thereof, and as to the compensation to be made for the damage that may be sustained by reason of the proposed works. 154. The Metropolitan Board of "Works, and any distric-t board or Power to vestrv, fttiav sell and disixise of anv land purchased bv them under u *^.^L tins Act, and any property wliatsoever vested \\\ them under this property Act, which it may appear to them may be proi)erly sold or disposed not wanted, of; and for completing and carrying any such sale of any land into effect 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 operation as by the said Lands Clauses Consolidation Act, 1845, is given to the same word in a conveyance of lands made by the i)romoters 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 tlie purchase money in such recei])t expressed to be received : and the money arising from such sale of any land i)urchased under this Act, and (except as herein-after otherwise provided) of any such property, shall be ajjplied in aid of the rate out of which the expenses of the purchase of such land or ])rovidiiig sucli 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 anv commissioners or other bodv, or in anv officer of anv commissioners or other body, or in atiy surveyor of highways, shall be applied in or towards the discharge of any del)ts or lial»ilities for the discharge whereof rates are by this Act authorized to be raised in the parish or part to the commissioners or other body for the manage- ment of the paving, lighting, or cleansing whereof sneii ])ro])erty may have belonged l)efore the coniiuenceiuent of this Act, and, subject as aforesaid, shall be ai)plied 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 240 [Chap. 120,] Metropolis Management Act 1855. [18&19ViCT.j Owners of land may on sale reserve a right of pre-emption. Penalty for withholding property transferred to Metropolitan Board or any vestry or dis- trict board. How sums to be raised by vestries and district boards for de- fraying their expenses. 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. \_WorcIs in square brackets rep. {except so far as the;/ apply to the Metropolitan Board of Works) 62 & 03 Met. c. 14, s. 35. See ibid. s. 6 (5). See also 32 & 33 Vict. c. 102, s. 45 ; the Conveyancing and Law of Propjerty Act 1881, s. 49 ; 47 & 48 Vict, c. 50, s. 23; 51 & 52 Vict. c. 41, ss. 64 (3) and 65 (3); and 53 & 54 Vict. c. 41,, s. 24.] 155. Provided always, that where any land or any right or easement 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 u|)on 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 ; but, except where such right of pre-emption is so reserved, there shall be no such right, notwithstanding the incorporation of the said Lands 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 this 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 five pounds as the said Justices may think fit. 157. \_Breaking up turnpike roads. Rep. 25 & 26 Vict. c. 102, s. 33.] Precisions for defraying Expenses of Vestries and District Boards. 158. Every vestry and district board shall from time to time, by order under their seal, require the overseers of their parish, or of the several parishes in their district, to levy, and to pay over to the treasurer of such vestry or board, or into any bank in snch order mentioned, and within the time or times thereby limited, the sums, which such vestry or board may require for defraying the expenses of the execution of this Act (and such orders may be made wholly or in part in respect of expenses already incurred or of expenses to be thereafter incurred) ; and every such vestry and board shall distinguish in their orders sums required for defraying expenses of constructing, altering, maintaining, and cleansing the sewers or otherwise connected with sewerage, and also, where the Act of the session holden in the third and fourth years of King William the Fourth, chapter ninety,* or any other Act by virtue whereof land is rated in respect of expenses of lighting at a less amount in pro- portion 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 * The Lighting and Watching Act 1833. [18 & 19 Vict.] Mdropolis Management Art Is'^r^. [Chap. 120.] 241 of this Act, distinguish, a.^ regards such jjarish or ])art, the sums r('(|uired for defraying expenses of lighting their parish or district from sums re([uired for defraying other expenses of executing this Act. . . . [^Part omitted (as to seurruf/e expenses) rep. 62 k 03 Met. c. 14, .s'. 135, and set- ihid. s. 11. .SVv aho the Kxtra-parorhial Flares Art 1857, .s. 3.*] 159. Where it appears to any vestry or district board that all or Vestries and , ^^, ^^ /. //. • 1 • 1 -1 I boards may any part of the expenses lor detraymg winch any sum is hy «iicli ,.^^.„,pj ^j^'J-tg vestry or board ordered to be levied as af(»resaid have or has been not benf-tited incurred for the sj)ecial benefit of any jiarticular ])art of their parish by fxpf^-ndi- or district, or otherwise have or lias not been incurred for the eijual pa\^,„ent! benefit of the whole of their parish or district, such vestry or board may, l)y any such order, direct the sum or sums necessary for defraying such expenses or any jjart thereof to be levied in such j)art, or exempt any part of such parish (jr district from the levy, or require a less rate to be levied thereon, as the circumstances of the case may recpiire ; and any such board may refrain, where any entire parish ought in their judgment to be so exem])t, 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 jiarishes in their district. \_See 62 & 63 Vict. c. 14, .5. 10.] 160. AVhere ])art of any jiarish is placed for all or any of the I'rovisions purposes of this Act under the management of the vestry or district [yi^grrapart l)oard of an adjoining jiarish or district, the sums which such vestry of a parish or board may require for defraying the expenses of executing this i« placed Act by such vestry or board in the part so placed under their manage- n,an^emeDt ment shall be from time to time paid, upon their orders, by tlie of' the vestry vestry of the parisli whereof such i)art is so ])laced under the "r .^foard of management of such other vestry or board, or if such parish is p!jrC!,^^of comprised in a district formed by tliis Act then by the district district, board of such district ; and such sums shall be raised by the vestry or board upon whom such orders are made in like manner as if the expenses in respect whereof the same are re(piireil had been incurred by them in executing this Act. \See s. 140 a/id ?iote thereon.'] 161 — 169. \_LeKyi7ig and collection of rates. Bep. 62 & 63 Vict. c. 14, 6'. 35.] Provisions for def raging Expenses of Metropolitan Board. 170. \_Metropolitan Board to assess upon the city and metropolis sums for execution of Act bg the Board. Rep, 25 & 26 Vict. <\ 102, s. 5. {(j.v.).'] 171. The clerk of tlie said ^Metropolitan Board, or any person Power to authorized by the said Board in this behalf, may from time to time J^'^^rl^P'^r''*" insjiect . . . any returns concerning all or any of the parishes and ,^,,'y o^e places, whether parochial or extra-parochial, in the metropolis, autborized delivered or to be delivered in ]»nrsuance of anv Act relating to ^>'^'"^''"- ^ ,11,, • •' f> o ,. inspect rat«s county rates, and any rate maile by tlie Commissioners ot hewers ol uuuie for the City of Loudon, and any valuation on which the same is made, county or and may take copies or extracts from any such rates, basis ^^ J^'l[[^J'^[^'^'^"*y standard, returns or valuation, without payment of any fee or metropolis. * S. 3 of the Kxtra-parochial I'laces Act ls57 is as follows: "3. In each of the the places termed tht- Inner Teniplo, the Jliddle Temple, . . . the officer for the time being acting as the muler treasurer of such Inn of Court . . . shall be the overseer of such place; and in default of any such othccr, the Justices having jurisdiction in such Inns . . . respectively shall appoint some inhabitant houseliohier therein to be the overseer thereof for the then current year, and thenceforth from year to year so long as the office of under treasurer . . . shall be vacant." 16 242 [Chap. 120.] Metropolis Management Act 1855. [18 & 19 Vict.] 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 ten pounds. [Part omitted {as to inspection of rates) rep. 61 & 62 Vict. c. 22 (S.L.B.). See also 20 & 21 Vict. c. 64, s. 13 ; 25 & 26 Vict. c. 102, s. 15 ; 56 & 57 Vict. c. ccxxi. s. 14; and the Cit>/ of London Sewers Act 1897.] 172 — 179. [Proiisionsfor raising expenses of Metropolitan Board. Rep. 62 & 63 Vict. c. 14, s. 35.] 180 — 182. [Provisions for discharging liabilities under local 'paving Acts and liabilities of Metropolitan Commissioners of Sewers — Where Metropolitan Co ntmissi oners of Sewers have incurred e.xpenses, Metropolitan Board may levg such rates as remain due. Spent7\ Power to boards and vestries to borrow money on mortgage. No priority amongst mortgagees. Form of mortgage. Register of mortgages. General Powers to Metropolitan and District Boards and Vestries to borrow. 183. It shall be lawful for the Metropolitan Board and every district board and vestry, for the purposes of defraying any ex- penses 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 monies or rates authorized to be raised by them under this Act, 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 board or vestry may mortgage and assign over to the persons by or on behalf of whom such sums are advanced the respective monies or rates upon the credit of whicli such sums are borrowed ; and the respective mort- gagees shall be entitled to a proportion of the monies or rates comprised in their respective mortgages, according to the sums in such mortgages mentioned to have been advanced ; and each mortgagee shall be entitled to be repaid the sums so advanced, with interest, without any preference over any other mortgagee or mortgagees by reason of any priority of advance or the date of his mortgage : Provided always, that no monies shall be so borrowed by any district board or vestry without the previous sanction in writing of the said Metropolitan Board. [Rep. {so far as relates to the mode s. 60. 105; 62 & '•] make of borrowing by the Metropolitan Board) 32 & 33 Vict. c. 102, See also 25' & 26 Vict. c. 102, s. 72 ; 54 & 55 Vict. c. 76, s. 56 & 57 Vict. c. 47, s. 3 ; 59 & 00 Vict. c. clxxxviii. s. 32 ; 63 Vict. c. 14, 6-. 4 (1) ; and the Electric Lighting Act 1882, s. 184. [Power to Public Works Loans Commissioners to advances. Rep. 32 & 33 Vict. c. 102, ». 50, and 38 & 39 Vict. c. 66 {S.L.R.). See 25 & 26 Vict. c. 102, s. 20.] 185. Every mortgage authorized to be made under this Act shall 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 variations or additions in each case as the board or vestry and the party advancing the money intended to be thereby secured may agree to ; and there shall be kept at the office of the board or vestry of the mortgages made by them, and within fourteen a register [18 & 19 Vict.] Metropolis Manaffeme?it Act IS^iJ. [Chap. 120.] 243 e^" ^©reed interest, upon giving six months previous notice for that purpose ; "^°°* and in the like case the board or vestry may at any time pay otf the money borrowed, on giving the like uotice ; 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 on the board or vestry, and if given by the board or vestry shall be given either personally to such mortgagee or left at his residence, or if such mort- gagee or his residence be unknown to them, or cannot be found after diligent incpiiry, such notice shall be given by advertisement in the Loiies, drains, and other means of communicating with sewers, and tlie traps and apparatus connected therewith ; . . . and for regulating the form of aj)peal and mode of proceeding thereon : and generally for carrying into effect the purposes of this Act ; and Penalty for every such board and vestry may thereby impose such reasonable ^''.^^f^/'^ penalties as they think fit, not exceeding forty shillings, for each ^^'^^'^^• breach of such byelaws, and in case of a continuing offence a further ])enalty not exceeding twenty shillings for each day after notice of the offence from the board or vestry : Provided always, that under Power to everv such bvelaw it shall be lawful for the -Justices before whom ;^"!i''^*;"t ,. • 111- I 1 1 1 1 ''O remit any penalty im])Osed thereby is sougiit to be recovered to order the penalties, whole or part only of such penalty to be paid, or to remit the whole penalty : Provided also, that no byelaws shall be repugnant to the laws of England or to the provisions of this Act, and that no byelaw 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 byelaw unless the same be approved by one of Her Majesty's principal Secretaries of iState. [AmenJeJ 02 & 03 Vict. c. 15. J* arts omitted (a.s to emptying^ etc., cesspools, etc?) rep. 54 & 55 Vict, c. 70, s. 142 ; and {as to plans, etc., of new streets) rep. 57 & 58 Vict, c. ccxiii. 6'. 215. See also 53 & 54 Vict. c. ccxliii. .^s. 14 — 20; 55 & 56 Vict. c. ccxxxviii. ss. 39, 40; 50 k 57 Vict. c. ccxxi. s. lO; 57 it 58 Vict. c. ccxii. s. 5 ; 57 & 58 Vict. c. ccxiii. s. 104 ; 03 k 04 Vict. c. cclxviii. ss. 25 — 27 ; 3 Edw. 7, c. clxxxvii. ss. 54, 55.] 203. All byelaws made and confirmed as aforesaid in pursuance Publication of this Act shall be printed and hung up in the principal office of o^ ^y*^^^^"^ the board or vestry, and be open to public ins})ection without ]iay- ment, and copies thereof shall be delivered to any person applying for the same, on payment of such sum, not exceeding twopence, as the board or vestry shall direct; and such byelaws, when so pub- lished, shall be binding upon and be observed by all parties, and shall be sufficient to justify all }iarties acting under the same; and the production of a printed copy of such byelaws, authenticated by the Evidence of seal of the board or vestry, shall be evidence of the existence, and of '- *^ •'^^■''• the due making, confirmation, and ])ublication of such byelaws, in all prosecutions under the same, without adducing jtroof of such seal or of the fact of such confirmation or publication of such byelaws. Provisions for Protection of Propertij and Works of Metropolitan and District Boards and Vestries, and preventing Obstruction in Execution of Works. 204. iS^o building shall be erected in, over, or under any sewer r.uiidings not vested in the Metropolitan Board of Works, or in any vestry or Q°p^j,^g^;^e^ 248 [Chap. 12u.] Metropolis Management x\ct 1855. [18 & 19 Vict.] without consent. Penalty on l^ersons sweeping dirt into sewers. Penalty for wilfully damaging, etc. lamps or other property of vestries or district boards or of the ^Metropolitan Board. Persons carelessly or accidentally damaging lamps, etc. to make satisfaction. Penalty on interrupting workmen, etc. in execution of duties. Penalty upon occupiers obstructing execution of works, or not disclosing owner's name. 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. {See also 25 ifc 26 Vict. c. ¥)'>," s. 08.] 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 contents, or into the Biver Thames contiguous thereto ; and every scavenger or other person who shall so offend shall for every snch ofiience forfeit and pay any sum not exceeding five ponnds. [See also 57 Geo. 3, c. xxix. s. 62 ; 2 & 3 Vict. c. 47, s. 6U (3) ; 57 & 58 Vict. c. clxxxvii. s. 92 {see Apjjendix) ; and 57 & 58 Vict. c. ccxii. ss. 8 — 17.] 206. If any person wilfully take away, break, throw down, or 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 wilfully extinguish the light within the same, or damage the iron or other furniture thereof, or wilfully damage any other property vested in any vestry or district board, or any property vested in the said Metropolitan Board, it shall be lawful for any person who sees such offence committed to seize, as also for any other person to assist in seizing, the offender, and by authority of this Act, and without any other warrant, to convey him, or to deliver him into the custody of a police officer in order to be secured and conveyed, before some Justice ; and if the party accused be convicted of such oftence he shall forfeit the sum of forty shillings, and shall also pay to such vestry or board the amount of damage done, \_See also 2 & 3 Met. c. 47, s. 54 (16) ; the Malicious Damage Act 1861, .^s. 51, 52 ; 25 & 26 Vict. c. 102, ss. 68, 69 ; 54 & 55 Vict, c. 76, ss. 51, 53 ; and various sections in Bridges Acts.'] 207. In case any j^erson carelessly or accidentally break, throw down, or damage any such lamjj, or the iron or other furniture thereof, or other such property as aforesaid, he shall pay the amount of damage done. \_See ss. 225 and 226.] 208. If any person at any time obstruct, hinder, or molest any surveyor, inspector, collector, or other officer, workman, or person whomsoever employed by virtue of this Act in the performance or execution of his duty, every such person so offending shall for the first oftence forfeit and pay the sum of five shillings, for the second offence the sum of twenty shillings, and for any subsequent oftence the sum of five pounds. 209. If the occupier of any jiremises prevent the owner thereof from carrying into effect, with respect to such premises, any of the provisions of this Act, or any order of any vestry or district board made in ])ursuance thereof, he shall be liable to a penalty not exceeding five j)onnds for every day during the continuance of such refusal or neglect ; and if the occupier of any premises, when requested by or on behalf of the vestry or district board to state the name and description 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 any Justice to summon the party to appear before him or some other Justice at a time and place to be [18&19YICT.] Metropolis Management Act \Hii^. [Chap. 120.] 249 appointed in such summons ; and if the party so suiumoned neglect or refuse to attend at the time and place so appointed, or if he do not show good cause for sucli refusal, or if sucli wilful omission or mis-statement be proved, tlie Justice ])efore wliom the party is so summoned may impose upon the oitender a penalty not exceeding five pounds. \_St'e also ^4 ct H.j Vict. c. 70, s. 110(2); and ^u k. ,58 Vict. c. ccxiii. s. 20(J (11) {e) and {g)7\ 210. All savings and provisions in turnpike, railway, waterworks, Savings an.l improvement, and other Acts, saving and providing for the rights, PJ^^j'^^^"^ "^ powers, and authorities of the Commissioners of Sewers for any of applicable to the parts wliich sliall be within the metropolis as defined by this commls- Act, shall, so far as the same are not inconsistent with the provisions ^^^^^^^ ^^ of this Act, continue and be in force in favour of and with reference apply to to tlie ]\retro]iolitan P)oard of Works and the several district boards Metropolitan ee tlie Cit)/ of London Sewers Act 1897.] Ajjpeals. 211. Any person who deems himself aggrieved by any order of Power to ap- tiny vestry or district board in relation to the level of any building, oTder^and or any order or act of any vestry or district board in relation to acts of ves- the construction, repair, alteration, stopping or filling up, or demoli- ^^}^^ ^°^ ^^• lion of any building, sewer, drain, . . . may, within seven days after [„ relation to notice of any such order to the occupier of the premises aifected construction thereby, or after such act, appeal to the Metropolitan Board of of works. "Works against the same ; and all such appeals shall stand referred to the committee ap})ointed by such Board for hearing appeals as herein provided ; and such committee shall hear and determine all such a})j)eals, and may order any costs of such appeals to be paid to or by the vestry or district board by or to the party a])pealing, and may, where they see fit, award any compensation in respect of any act done by any such vestry or district board in relation to the matters aforesaid ; provided that no such compensation shall be awarded in respect of any such act whicli may have been done under any of the provisions of tliis Act on any default to com])ly 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. \_Amended 25 k 20 Vict. c. 102, .b'. 29. See also 54 cV: 55 \'ict. c. 70, s. 120. l*art omitted (as to cesspools, etc.) rep. 54 & 55 I'ict. c. 70, s. 142. See ibid. ss. 37, 41, and 43.] 212. The Metro])olitan Board of Works shall api)oint a committee MetropoUu for the purpose of hearing all such ap])eals as may be made to the ^^ppj-,^^ ^ said board as aforesaid, which committee shall have ]iower to hear committee and decide all such appeals; and the ^Metropolitan Board of Works forbearing .shall from time to time fill n]i any vacancy in such committee ; and ''^PP^^^^- the chairman of the said Board shall, by virtue of his office of chair- man, be a member of the said committee in addition to the members appointed by the said Board, and shall ])reside 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 an 250 [CHAr. 120.] Metropolis Management Act 1855. [18 & 19 Vict]. Where two or more persons are to do any act or pay any sum of money, vestry or district board may apportion the same. Power to vestries and district boards to spread re- payment of expenses over a period not exceed- ing twenty years. As to sers'ice of notices, etc. on Metropolitan and district boards and vestries. As to service of notices on owners and occupiers and other persons. such committee may be exercised by any tliree of them ; and any member of such committee may at any time resign his office. {^Amended 25 & 26 Vict. c. 102, s. 29. See also 54 & 55 Vict.c. 76, ^<. 126.] 213—214. [Ixetiring allo/cances to persons employed imder Metro- })olitan Commissioners of Sewers, and officers of pacing boards. Spent.'] Miscellaneous Clauses. 215. Where, under the authority of this Act, two or more persons- are or may be directed by any vestry or district board to do or join in doing any act, or to pay or join in paying any sum of money,, costs, or expenses, or where any vestry or district board are authorized or think proper to permit two or more persons to join together in doing any act, or paying any sum of money, costs, or expenses, it shall be lawful for the vestry or district board to apportion the matter to be done, or the sum of money, costs, or expenses to be paid, between such persons, in such manner as the vestry or board consider just and reasonable. 216. In all cases where any vestry or district board is authorized to order any costs, charges, or expenses to be paid by private parties it shall be lawful for such vestry or district board to order and accept payment of such costs, charges, expenses, together with interest thereon after a rate not exceeding five pounds for the hundred by the year, by instalments, within such period, not exceeding twenty years in each case, as they may determine, the amount thereof to be recoverable in the same manner as other expenses are to be recovered under this Act. [8^6^ ss. 225 and 226.] 217 — 219. \_Recovery of expenses from owner or occupier. Hep. 25 & 26 VicL c. 102, s. 96. See ibid. s. 97.] 220. Any summons or notice, or any writ or other process at law or in equity, or any other matter or thing whatsoever, required to be served upon the Metropolitan Board of AVorks or any district board or vestry, may, unless herein otherwise provided, lawfully be served by delivering the same personally to the clerk of such respective board or vestry, or by leaving the same at the principal office of such board or vestry. 221. All notices by this Act required to be given to the owner or occupier of any land or premises, or other person, may be served personally on such owner, occupier, or ])erson, or left with some inmate of his place of abode, and any notice required to be given to any such owner or occupier may, if there be no occupier, be affixed 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 or last known j)lace of abode in the United Kingdom, or served on his agent as aforesaid. \_See also 54 & 55 Vict. c. TO, .S-. 128 ; 57 & 58 Vict. c. ccxiii. *\ 188 ; 61 & 62 Vict, c. cxxxvii. .S-. 5 ; and, the Interpretation Act 1889, s. 26.] [18 & 19 Vict.] Met ropoli.'i Management Act \^^i). [Chap. 120.] 251 222. Every notice, demand, or like dociuu(;iit given by or on Authentica- beliiilf of the Metropolitan Board of Works, or any vestry or tlistrict ^'^^l^^^g^j^, board under this Act, may be in writing or print, or j)artly in writing and partly in print, and shall be sufficiently authenticated if signed bv their clerk or Ijy the officer ))y whom the same is given. [See also 32 & 33 Vict. c. G7, s. GO ; 34 & 35 Vk-t. c. 113, a. 40; 54 & 55 Vict. c. 76, s«. 127 k 128 ; 57 & 58 Vict. c. ccxiii. s. 187 ; and the Interpretation Act 1889, .f. 20.] 223. If any person against whom the ]\Ietroj)olitan Board of Proof of AV'orks, or any district board or vestry, have any claim or demand, bankruptcy become bankruj)t, ... it shall be lawful for tiie clerk or collector, in all proceedings under the bankrn])tcy . . . , to rej)resent such board or vestry, and act in their l)ehalf 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 vestrv. \_l'arfs omitted (as to in.^olcencij) rep. 61 & 62 Vict. c. 22 (S.L.R.).^ 224. [Tender of amends. Rep. ^i"! k fi% Vict. c. 66 (S.L.Ti.). See t/te Public Authorities Protection Act 1893 (see Appendix).'] 225. In every case where the amount of any damage, costs, or Compensa- expenses is bv this Act directed to be ascertained or recovered in a *^'^"' ^^*™*^®' ' " , , n ^ . and expenses, summary manner, or the amount of any damage, costs, or expenses how to be is by this Act directed to be paid, and the method of ascertaining ascertained ■ and re- covered the amount or enforcing the ])ayment thereof is not j)rovided for, ^°" ^^' such amount shall, in case of disj)ute, be ascertained and determined by and shall be recovered before two Justices ; and the amount of any compensation to be made under this Act by the said ]\Ietro- politan Board, or any vestry or district board, shall, unless herein otherwise provided, be settled, in case of dispute, by and shall be recovered before two Justices, unless the amount of comi)ensation claimed exceed fifty pounds, in which case the amount thereof shall be settled by arbitration, according to the provisions contained in the Lands Clauses Consolidation Act, 1845, which are applicable where questions of disputed compensation are authorized or required to be settled by arbitration. [See 2 & 3 Vict. i ^ i ' t • • , i • * ^ i 1 1 i sioners of bemg may be vested m them ; and nothmg in this Act shall extend "Works. to authorize or empower any vestry or district board to exercise any power or control whatsoever 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 alDridge, alter, or affect any right, power, exemption, or remedy of the Queen's most excellent ^Majesty, ... or the said Commissioners, in, over, or in relation to the possessions of the Crown or of the public. [Note to s. 240 applies.'] [18 & 10 Vict.] MHro}wlis Management Act \Hh^. [Chap. 120.] 255 242. Xuthiii^^ ill this Act shall divest the Commissioners of Saving of Sewers of the City of London of any powers or property vested in eky ComLis- tiiem in relation to such parts of any of the parishes mentioned in sionere of ►Schedule (H.) to fliis Act as are within the City of London, nor shall Hewers over sucli ])arts lie sul)je('t to l)e rated or assessed by any district board, of'^adshefL but shall be subject to all the powers of the Metropolitan Board of schedule (B.) Works as other ])laces in the City of London, \_yote to a. 210 243. \_Savin<] ri.7i?.).] 247. All Acts of rarliament in force in any parish or place to Repeal of which this Act extends, or in any part of such parish or place, A^J^ ^f^°°>, shall, so far as the same are inconsistent with the provisions of this this Act. Act, be repealed as regards such j)arish or place, or such ])art thereof, notwithstanding any provisions of this xVct continuing and trans- ferring respectively to vestries or parishes and transferring to district boards any duties, powers, or authorities now vested in vestries, commissioners, or other bodies. 248. Ui»on the petition of the Metropolitan Board of Works, l" case of or of any district board or vestry, representing to Her Majesty in th" provisions Council that by reason of the provisions of any local Act of Par- of tins Act, liament relating to any district or ])arish, or any part thereof Provisions of respectively, ditticulties have arisen in the execution of this Act ^'!^^^g*^.^j^j.jg^ and of such local Act or cither of them, and jiraying for a suspension by Order in or alteration of all or any of the ])rovisions of such local Act, or for the '-'ouncil, on establishment of other provisions in lieu thereof under this enact- boards'or ment, it shall be lawful for Her ]\Iajesty, by Order in Council, to vestries, suspend or alter all or any of the i)rovisions of such local Act, and to make other provisions in relation to the matters thereof as Her Majesty, with the advice of her Privy Council, may think necessary under the circumstances of the case ; and every such Order in Council shall be laid before both Houses of Parliament within one month after the making thereof, if Parliament be then sitting, or if Par- liament be not sitting, then witliin one month after the next meeting of Parliament, and shall be published in the London Gazette: Provided always, that no such Order in Council shall remain in force bevond the term of one vear froiu the makinir thereof.. \See 02 ct 03 IVr^.,-. 14, 6-. 10 (1 (y)).] 249. \_Power to extend Act to adjoining parishes. Rep. 55 & 56 Vict. c. 10 {S.L.R.).'] Interpretation and. Commencement of Act. 250. h\ the construction of this Act " the metropolis " * shall be Interpreta- ol'>H Management ActA^i)'). [Chap. 12<).] 259 Part II. Districts united for electing One ^femher of tint Metropolitan Board of Workii. Name of District. Parislies. Number of Memljere to Ije elected to District Board. , Plumstead District * . united with ^Lewisham District f . Charltou next Woolwich .... Plumstead Eltham Lee Kidbrooke Total Lewisham, including Sydenham Cbapelry . Hamlet uf I'enge Total 9 12 6 9 1 37 24 27 Part 111. Palish and District united for electing One Member of the Metropolitan Board of Works. AThe Parish of Rother- hithe, united with . Saint Olave District -" Saint Olave 12 Saint Thomas Southwark .... 1 Saint John Plorsleydown .... Total 15 28 SCHEDULE (C). The Close of the Collegiate (Jhnrch of 8aint Peter.| The Charter House. § Inner Temple.jl Middle Temple.|| Lincoln's Inn.lF Gray's Inn.** Staple Inn.ft Fnrnival's Inn. ft * See 56 & 57 Vict. c. 55. t See the London (Penge) Order in Council 1900 made under 62 & 63 Vict. c. 14. X See 62 .v: 63 Vict. c. 14, s. Iti (3) and the City of Westminster (Close of the •Collegiate Church of St. Peter) Sciicme 19l)l made under that Act. § See 62 & 63 Vict. c. 14, s. 1 and 1st Schedule, and the Borough of Finsburj' Order in Council 1900 made under that Act. II See 62 ic 63 Vict. c. 14, s. 22. IT See the Borough of Holborn (Lincoln's Inn) Scheme 1901 made under 62 Jc 63 Vict. 0. 14. ** See the Borough of Holborn (Gray's Inn) Scheme 1901 made under 62 4: 63 Vict, c. 14. tt See 62 & 63 Vict. c. 14, s. 1 and 1st Schedule, and the Borough of Holborn Order in Council 1900 made under that Act. 260 [Chap. 120.] Metropolis Management Act l^hb. [18 & 19 Vict.] SCHEDULE (D.) Main Seweks of the Metropolis. NoiiTH Side of the Thames. Stamford Brook ( West Branch). Commences at an angle in the boundary between tlie parishes of 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 Paddens- wick 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, abont 100 feet north-east of the Old Oak Bridge over the North-western Railway, 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 outlets, 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. . Falham 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. Bel Brook Seiver. 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. Counters Creek 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. Counters Creek Sewer {West Branch). Commences at a culvert under the Grand Junction Canal, on the boundary between the parishes of Kensington and Hammersmith^ at the south-west corner of Kensal Green Cemetery, and joins the above main line in Latimer Road at its junction with Bromley Road. [18 & 19 Vict.] Metropolis Management Art 1855. [C!hap. 120.] 261 Counters Creek Seiver {East Branch). Drains tlie whole of Kensal Xew Town, situate in a detached portion of the jiai'ish of St. Luke Chelsea, and part of the parish of 8t. 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, antl joins the main sewer at a point about a quarter of a mile north-west of Notting Barn Farm, Counters Creek Sewer {Kensrnyton Branch). Commences in Victoria Grove at about 50 feet to the north of Uxbridge Itoad, and joins the main line at the junction of Pembroke and Warwick Koads. 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. Millmarts 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 Millmaa'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. Queen Street Sewer. Commences between Gloucester Road and Hyde Park Gate South, on the south of Kensington Road, and about ;3i»0 feet south of Kensington (iate runs through Old Bromjjton, 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 Fulham Road on the west of P)romiiton Crescent, find along College and Markham Streets, and discharges into the Thames on the west side of Chelsea Royal Hospital. Ranelagh Sewrr. The branch sewers from Edgeware Road, Fincliley Road, and Kilburn Vale unite at Kilburn Bridge, and for the main line, which, running in a southerly direction, discharges into the River Thames on the south-east side of Chelsea Royal Hos])ital. This sewer has several branches, the chief of which commences in Grove End Road, at about OOO feet west of St. John's AVood Road, extending thence by Lisson Grove, New Road, Grand Junction ]{oad, 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 150i» feet above Junction Road Toll Gate, and discharges into the River Thames at the Equitable Gasworks, about 700 feet above Vauxhall Bridge. 262 [Chap. 120.] Metropolis Management Act \'6hh. [18 & 19 Vict.] King's Scholars Pond Setver {Pall Mall Branch). Commences at Waterloo Place, and joins the main line opposite the entrance of Bucking-ham Palace. Grosvenor Ditch. Commences in Page Street, at abont 150 feet east of the junction with Regent Street, Vanxhall Bridge Road, and discharges into the River Thames at the northern extremity of Millbank Road, Horseferry Road 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. 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, at about 200 feet south of Collateral 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 Percv Wharf. '&" Northumberland Street Seiver {Westei^n Branch). Commences in Warren Street, on the north of Fitzroy Square, and proceeds in a southerly direction along Cleveland, Newman, Wardour, Princes, and Panton Streets, Haymarket, to Charing Cross, opposite the District Post Office. Northumberland Street Sewer {Eastern BrancJi). 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 lane proceeds along Northumberland Street, and dis- charges into the Thames at Northumberland Wharf. Savoy Street Setver. 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 lOO feet above Waterloo Bridge. [18 & 19 Vict.] Metropolis Managemetit Act l^hi). [Chap. 120.] 263 Norfolk Street Seiver. Commences at the junction of Drury Lane and Long Acre, and passes by the Olympic, Theatre, and alonL"" Newcastle Street and Strand, and discharges into the liiver Thames ojtixjsite Norfolk Street. Essex Street Sewer {Western Brancli). (commences in Russell Square, opposite Montague Place, and proceeds along Montague, llussell, and Museum Streets, Drury Lane, Great Wild Street, and Vere Street, to the junction of the eastern brancli at the intersection of Sheffield and (Gilbert Streets, Clare Market. Essex Street Sewer {Eastern BrancJi). Commences at the corner of Tottenham Court Road, and proceeds along New Oxford Street, Newton Street, and Cross Lane, Parker and (xreat 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 Sonth End Green, Gordon Honse 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 Sewer (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 Pavement. Another branch commences in Lonsdale Square, Islington, and, extending thence through Barnsbury Street, Richmond Grove, i)asses under the New River at New Nortli Road Bridge, thence along Portland Place, King Street, under the Regent's Canal, by Sturt's Lock, Walbrook Street, and ( 'ritcliill Place, where it joins another branch at St. John's Church, lluxton. London Bridge Sewer {Balls Fond Branch). Commences on the boundary between St. Mary Islington and St. John Hackney, at Cock and Castle Lane, Dalston, and passes by Balls 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. 264 [Chap. 120.] Metropolis Ma?iaffe?ne)it Act IS66. [18 & 19 Vict.] London Bridge Sewer {Shoreditck Branch). Commences in Queen's Road, at the junction with Laurel Street, Dalston, and extending thence along Queen's lioad, 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 sonth-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. Sightingale Lane Sewer. Commences in Union Street, Old Artillery Ground, and Booth Street, Spitalfields, and extends thence along Commercial, Leonard, Wells, and Parsons 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 extends thence along Great Hermitage Street, and discharges into the River Thames at about 50 feet east of Union Stairs. Old Gravel La7ie 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 12U feet on the north-east side of New Crane Dock. Shadwell Basin Sciver. Commences on the north side of the Eastern Dock, at the termination of West Gardens, and extends thence between the warehouses and Xew 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. 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 discharo-es into the River Thames at Shadwell Dock Stairs. Ilatcliffe Highway Sewer (^Western Branch). Commences at the junction of Sherwood Place with Meed Street, at about 9()0 feet south-east of Shoreditch Church, and extends along Turvile, Thomas, and High Streets, and Whitechapel Road, to the junction of New Road with Whitechapel Road. [IS&lOViCT.] Met ropolU Management Act \H:):y. [Chap. 120.] 265 Ratclijfe H'tghwiy Sewer {Eastern Branch). Commences at the jiuictiou of Ha^iie Street vvitli Betlmal Green Koad, and extends alon<^ Ilai^nie Sti-eet, Wellington and diaries Streets, to the junction of New Koad with A\'hitechai)el lioad, above ■described. Rat cliff e lliyhfra;/ Sewer {Xort/i-eastern Branch). (.'ommences from the rear of Shoreditch Church, and proceeds alonjt,^ Old Castle Street, Vii-^inia Jlow, Wellinromley Road, Silver Street, Loam Pit Vale, and Mill Lane, and discharges into Deptford Creek at Parish Wharf, near Kingsford Mill. 268 [Chap. 120.] Metropolis Ma?iageme)-tf Act 1855. [18&19Vict.J Ravensboiirne and Lee Green Sewer. Commences in the Eltham Road, about 300 feet east of Lee Green, and proceeds along Lee Road, Lewisliam Road, Bath Place, Egerton Road, and North Pole Lane, to a pumping station, where it discharges into Deptford Creek, at a point about 400 feet north of the London and Greenwich Railway. Horseferry Road {Greenwich). Commences in Caroline Street and Roan 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 iu the year of the reign of Queen Victoria, intituled \Jiere insert the title of this Act'], the Metropolitan 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 consideration of the sum of paid to by A.B., of for the purposes of the said Act, do grant and assign unto the said ji.B., his executors, administrators, and assigns, all [here describe the monies or rates to be mortgage(P\, to hold to the said A.B., his executors, administrators, and assigns, from the day of the date hereof until the 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 mean-time 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 here- unto set their seal, this day of one thousand eight hundred and SCHEDULE (F.).* Form of Transfer of Mortgage. I A.B. of in consideration of the sum of pounds paid to me by CD. of do hereby transfer to the said CD., his executors, administrators, and assigns, a certain mortgage, number , bearing date the day of and made by the Metro- politan 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 ivords after " assigns " the within security], and all my property, right, and interest in and to the money thereby secured, and in and to the monies 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.) * Tliese forms are obsolete as regards the Metropolitan Board of Works. See s. 185 and note thereon. [19 & 20 Vict.] 77licable to the removal and appoint- ment from time to time of " The Commissioner of Police of the Metropolis," \Part omitted {m to surciring ( 'ommissioner under recited Arts) rep. 38 & 39 Vict. c. 00 (-S./>.7i\).] 2. It sliall be lawful for Her Majesty, by warrant under her Power to sign man\ial, to a])point two fit jjersons to be during Her Majesty's ^^g^\ant^° pleasure Assistant Commissioners of Police of the Metropolis, and commissiou- upon every vacancy in the office of any such Assistant Commissioner ers of Police, in like manner to apj)oint some other person to such office ; and ^^j^ue of such every such Assistant Commissioner shall by virtue of and during otBce, shall the continuance of such appointment be a Justice of the Peace of be Justices of the counties of Middlesex, Surrey, Hertford, Essex, Kent, Berkshire, Jg hereiT' and Buckinghamshire, and of all liberties therein, and execute the named. duties of a Justice of the Peace for the said several counties and for all liberties therein, although he may not have the qualilication by estate required by law in the case of other persons being Justices of the Peace for counties : Provided always, that no such Assistant Commissioner shall act as a Justice of the Peace at any Court of General or Quarter Sessions, or in any matter out of Sessions, except for the preservation of the peace, the prevention of crimes, the detention and committal of offenders, and in carrying into execution the ])nrposes of this Act and the said recited Acts. \_Amended 47 & 48 Vict. c. 17, ,s, 2.] 3. [-J^ to .^alaricH of Commissioner and Assistant Cotnmissi oners. Rep. \icith sacingj'or existing o//icers) G2 & 03 ]'ict. c. 20, 6\ 1.] 4. \_Assista?it Commissioners to be within 4 & 5 Wm. 4, c. 24. Rep. 55 & 56 Vict. c. 19 {S.L.R.).'] 5. All the jurisdictions, duties, powers, and authorities which, Powers vested under the said Acts of the tenth year of King George the Fourth m. the Com- 1 ,1 1 1 ,1 • 1 x> TT -ii/r • 5 -0.1 i' i.1 missioners of and the second and third years oi Her Majesty, or either ot tnem, police under or under any other Act of Parliament, are vested in or iiu])0sed on, recited Acts or should or might, if this Act had not been passed, have ^*^*^" [.^^^^ ^^^he performed or exercised by, the Commissioners of Police of the g^jje (^q^. Metropolis, shall be vested in and imposed on and shall and may missioner. be performed and exercised by the Commissioner of Police of the Metropolis ; and all enactments contained in the said Acts or any Act of Parliament having reference to the Commissioners of Police of the Metropolis shall be ai)plicable to the said Commissioner, save where otherwise provided by this Act. 270 Duties of Assistant Commis- sioners. [CHAr. 112.] The Metropolis Management Amendment Act 1856. [19 & 20 Vict.] Matters now required to be done by one Commissioner may be done either by tlie Commissioner or an assist- ant, as Secre- tary of State may direct. In case of vacanc}' in office of Com- missioner of Police, or of his illness or absence, an Assistant Commis- sioner may act for him. Provisions as to Commis- sioners of Police sitting in Parlia- ment, etc. to apply to Assistant Commis- sioners. 6. The Assistant Commissioners, and each or either of them, shall respectively, under the superintendence and control of the Com- missioner of Police of the Metropolis, do and perform such acts and duties in execution of the Acts relating to the said police as may be from time to time directed by any orders and regulations made by the Commissioner of Police of the Metropolis, with the approba- tion of one of Her Majesty's princijial Secretaries of State. \_Note to s. 2 applies.'] 7. Where by any Act of Parliament the i^rovisions of such Act are required or authorized to be executed or any things are required or authorized to be done by one of the Commissioners of Police of the Metropolis appointed in that behalf by one of Her Majesty's ' principal Secretaries of State, such provisions and things shall be executed and done respectively by the Commissioner of Police of the Metropolis, or by one of the Assistant Commissioners nominated by the Secretary of State in this behalf, as the Secretary of State shall direct. [^Note to s. 2 applies.] 8. In case of any vacancy in the office of Commissioner of Police of the Metropolis, or in case of the illness or absence of any such Commissioner, it shall be lawful for such one of the said Assistant Commissioners as may be authorized by writing under the hand and seal of one of her Majesty's principal Secretaries of State for this purpose to do all snch acts as it would be competent for the Commissioner of Police of the Metropolis to do, and all acts done by any Assistant Commissioner so authorized shall be as valid and effectual as if done by the Commissioner of Police of the Metropolis if the office had not been vacant, or (as the case may be) if the Commissioner had been present and acting. l^JVote to s. 2 applies.] 9. The provision of the firstly-recited Act for preventing any Justice of the Peace appointed by virtue of that Act from being elected or sitting as a member of the House of Commons, ... or indirectly interfering therein, shall apply to and include the said Assistant Commissioners to be appointed under tiiis Act. [Pa7-t omitted {as to voting in elections) rep. by the Police Disabilities Removal Act 1887, 's. 1.] 10. \Acts done by one Commissioner during the vacancy in the office of the other confirmed. Rep. 38 & 39 Vict. c. 66 {S.L.R.)7\ Church rates where made in open vestry before pas- sing of the Act 18 & 19 Vict. c. 120. to continue to be so made. CHAPTER 112. An Act to Amend the Act of the last Session of Parlia- ment, Chapter One hundred and twenty, for the better Local Management of the Metropolis. [29^/^ July 1856.] \_Preamble (reciting 18 & 19 Vict. c. 120) rep. 55 & 56 Vict.c. 19 {S.L.R.).] 1. AVhere at the time of the passiug of the said Act the power of making church rates or rates of the nature of church rates in any parish was vested in any open vestry, or in any meeting in the nature of an open vestry meeting, or in any meeting of the parishioners, inhabitants, or ratepayers generally, or of such of the parishioners, inhabitants, or ratepayers as were rated at or above any specified amount or value (whether such vestry or meeting were holden for the parish at large or for any liberty or other district therein), such ri9.^' Of) YiptI The Metropolis Management rrHApn'>l '>71 LI J cV .0 \ ici.j Amemfment Act 1856. l^^^v. U..J ..l power shall not be deemed to have become vested in the vestry ■constituted in such parish under the said Act, but shall be exercised as if the said Act had not been })assed. . , . \_Parf omitted {as to rates alread)/ made) rep. 38 & 39 \'ict. c. 00 (6'. />./('.).] 2. Nothintr in the said Act or this Act shiill affect or be deemed Nothing in ,1 Lv \ \ i- 1 I.- ,.• 11 1 tljis Act or in to have atiected any power ot electing or appomtin",'' cliurchwardens ^^^ jy yj^.j or makin<; church rates, or other power wliich, at the time of the c. 120. passing- of the said Act, was vested in an\^ such open vestr\' or '» affect ,• i- -1 111 4.1 i.1 1 ecclesiastical meeting as atoresaid, or any elected or other vestry, wliere such districts vestry or ineetins:!: acts exclusively for any district (by whatever denomination distinguished) created for eccdesiastical purposes only. {See the Church Rate Abolition Act 1808, s. 10.] 3. Save as herein-before otherwise provided, all the duties, powers, Other powers and ])rivileges (including such as relate to the affairs of the ^^ yestries ohurcii, or the management or relief of the poor, or the administra- nieetings tion of any money or other projjcrty ai)])licable to the relief of the declared to poor.) which mitrht have been performed or exercised bv any open liavebeen or elected or other vestry or any such meetmg as aforesaid in any ^q vestries j)arish, under any local Act or otherwise, at the time of the passing under Act of the said Act of the last session, shall be deemed to have become ^^."^^J^ ^ '*^*^" transferred to and vested in the vestry constituted by such last- powers ^^^^^ mentioned Act ; except so far as any such duties, powers, or privileges transferred may in the case of a parisli included in any district mentioned in |° district ►Schedule (B.) to the said Act be vested by section ninety thereof in the board of works of such district : Provided that all duties and powers relating to the affairs of the church, or the management or relief of the poor, or tiie administration of any money or other ])rop('rty iip])licable to the relief of the i)oor, which at the time of the j)ussing 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 herein-before mentioned, shall continue vested in and be exercised by such guardians, governors, trustees, or commissioners or other body as aforesaid. \_See also 02 & 03 Vict. c. 14, s. 23.] 4 — 5. {Occupiers may claim to be rated — Compositions not to be disturbed^ and landlord's liability not to be affected. Rep. 00 k 56 Vict. c. 19 {S.L.E.).'] 6—8. [Right of occupier so claiming to vote — As to qualifications of vestrymen or auditors. Rep. 50 k 57 Vict. c. 73, ^s. 89. {See Appendix^ 9. {Regulation of meetings of vestries constituted (5iy 18 & 19 Vict, c. 120. 'Spent. See 62 & 63 Vict. c. 14, s. 4 ; and see 18& 19 Vict, c. 120, ss. 8 — 10, and note thereon.'] 10. And whereas doubts are entertained whether the i)rovision in Section 144. section one hundred and forty-four of the said Act of the last session, ^A-^^"'*^ V"!,^ authorizing the Metro|)oliLan Board of AVorks,* where it aj)pears fo declared to' them that further powers are required for the purpose of any work extend to for the improvement of the metro])olis or public benefit of the |i»thorize inliabitants thereof, to make applications to Parliament for that to rai'hament purpose, and providing that the exjienses of such a])i)licatiou may for providing be defrayed as other expenses of the said Board, extends to authorize parks, etc. applications to Parliament by such Board for powers for providing parks, pleasure grounds, places of recreation, and open spaces, and * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). [Chap. lU.] The Hay and Straw Act 1856. [IIJ & 20 Vict.] 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. it is expedient to remove such donbts : The powers given to the said Board to make ap})]ication8 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 lor 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 enactment shall not authorize any expenditure to be defrayed by rates, except for the purpose of enclosing, maintaining, planting, and otherwise improving the same. \_See 44 & 45 Vict. c. 34, s. 5.] 12. The said Act of the last session and this Act shall be construed together as one Act. No sand, etc. to be put in any truss of hay or straw to increase its weiglit. Salesmen to declare tlie names of the owners of such hay or straw. Clerk of the market, upon complaint, to weigh and examine the hay or strawy and if found deficient, etc. to summon offenders be- fore Justices. CHAPTER 114. An Act to prevent false Packing and other Frauds in the Hay and Straw Trade. [29M Juhj 1856.J \_P reamble rep. 55 & i)Q Vict. c. 10 {8.L.R.).'] 1. i^o person shall mix or put, or cause to be mixed or put, any water, sand, earth, or other matter or thing whatsoever in any bundle or truss of hay or straw intended for sale, within the cities of London and Westminster, or within thirty miles thereof, with intent fraudulently to increase the weight thereof, nor sell, off'er, or expose for sale, or cause to be sold, offered, or exposed for sale, any hay or straw into or with which any water, sand, earth, or other matter has been put or mixed, with such intent as aforesaid. 2. Every salesman or other person who shall sell, in any market or place within the cities and limits aforesaid, any hay or straw for the owner thereof, shall at the time of such sale or at the delivery thereof deliver or cause to be delivered therewith to the buyer thereof a ticket or note containing the number of trusses so sold, and the Christian name, surname, and address of such owner. 3. Where any hay or straw is off'ered or exposed for sale in any public hay market within the cities and limits aforesaid, if any complaint be made to the clerk or toll collector of any such market that the same is deficient in weight or quantity, or has been mixed or packed contrary to the provisions of this Act or of the Act of the thirty-sixth year of the reign of King George the Third, chapter eighty-eight, it shall be lawful for him and he is hereby required to weigh and examine the same ; and if upon such weighing or exami- nation any such hay or straw shall be found deficient in weight or quantity, or mixed with any foreign matter, contrary to the pro- visions of this Act or of the said recited Act, every such clerk or * Now Metropolitan Borough Council. See 62 & 63 Vict. c. 14, s. 4. [20 & 21 Vict.] The Metropolitan Police Act 1857. [Chap. 64.] 273 collector is hereby authorized and empowered to summon tlie offender or offenders before any Justice of tlie Peace liaving jurisdiction in the district where such market is situated, and every such Justice shall upon proof thereof convict the offender or offenders in the respective j)enalties by this Act or the said recited Act imposed. 4. For every offence a^^ainst or disobedience of the provisions of I'enalties. this Act the offender shall, at the discretion of the Justice before whom the conviction shall take place, be liable to any penalty not exceeding ten pounds as shall be adjudged by such Justice. 5. This Act shall be construed and taken together with the Act 36 G. 3. c. 88. passed in the thirty-sixth year of the reign of King George the ^\^^^ ^^^ Third, cha])ter eighty-eight, so far as the provisions of the same are constmed consistent herewith. , . . \_Part omitted (as to pemliny actions) together. rep. 38 k 39 Vict. c. 66 (6'.L.i?.).] 20 & 21 VICTORIA. A.D. 1857. CHAPTER 64. An Act ... to amend the Acts concerning the Metropolitan Police. [2oM August 1857.] [Fart of title and preamble rep. 55 & 56 Vict. c. 19 (5.Z.i?.).] 1 — 10. \Promsions as to borrowing monies. Rep. 49 & 50 Vict, c. 22, s. 8.] 11 — 12. [Valuation for purposes of police rate. Rep. {as to metropolis) 32 & 33 Vict. c. 67, s. 77.] 13. The receiver for the metropolitan police district, or any person Power to haviuET an order for that purpose under the hand of such receiver, receiver for .^ , i. 1 * I ^ £■ • ^ J. metropolitan may inspect any poor rate made or to be made lor any parish, town- police dis- ship, precinct, or ])lace in the metropolitan police district, and take trict, etc. to copies of or extracts from any such rate, without payment of any fee '"^P^^t rates. or reward. 14. If any overseer or overseers refuse or neglect to make any Penalty on return when so required bv the receiver as aforesaid, or if anv over- overseers . *' . nc&rlcctin^r to seer or person having the custody of any such poor rate as herein make returns, mentioned refuse or neglect to permit the receiver or any person or refusing to hereby authorized to inspect such rate, or to take copies or extracts produce rates. from the same, within two days after notice in writing, under the hand of such receiver, for that purpose shown to the overseer or person having the custody of such poor rate, or left at his usual place of abode ; every overseer or person so offending shall, on conviction thereof before two Justices of the Peace, or before any Police ^Magistrate sitting in a police court of the metrojiolitan police district, forfeit and ])ay for every such offence the sum of ten pounds. 15. \_As to deficiencii in Police Superannuation Fund. Rep. by the Police Act 1890, s. 36.] Schedules (A.) and (B.). [Forms of mortgage and transfer. Rep. 49 & 50 Vict. c. 22, s. 8.] 18 274 [Chap, ex V , -j Covent Garden Approach and Southwark p.^^ ^ 91 v 1 ■J and Westminster Communication Act 1 857. L~ <^ - ^ ^ct.J CHAPTER CXV. An Act to enable the Metropolitan Boaed of Wokks to open certain new streets in the city and liberties of Westminster and in the Borough of Southwark. \\i)th August 1857.] \_Preamble recites (inter alia) 18 & 19 Vict. c. 120, 6-, 144 ; and that by the London Bridge Approaches Act 1850 the residue of " The London Bridge Approaches Fund^^ was mude applicable to the opening of improved communication between Coventry Street and Cozent Garden ; and that the Commissioiiers of Woods ivere authorized by 4 & 5 Vict. c. V2 to advance £30,000, and by the said Act o/1850 to appropriate a further sum of £30,000 with interest ioicards making a new street between Southwark and Westminster Bridge; and that there urns then £89,100 in Exchequer Bills applicable to such pjurpose ; and that plans of the improvements proj)Osed by the Act have been deposited with the Clerks of the Peace for Middlesex and Surrey^ 1. [Incorporation of Lands Clauses Act 1845. Spent.'] Short title. 2. In citing this Act for any purpose it shall be sufficient , to use the expression " Covent Garden Approach, and Southwark and Westminster Communication Act, 1857." interpreta- 3. In this Act the following words and expressions shall have tion of terms. -(;]^g several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction ; (that is to say,) • • • • • • The word " streets " shall include squares, streets, courts, or alleys, highways, lanes, roads, thoroughfares, or public passages or places : The expression " the Board " shall mean the Metropolitan Board of Works. [Part omitted {definitions of '■^ person^'' ^^ Justice f '■^ two Justices^'' and ^'■lessees'''') spe?it.] 4. [Defnition of ^'- sheriff^' in Lands Clauses Act for purposes of this Act. Spent7\ 5 — 7. [Board, to execute Act — Poa-er to act by a committee — Persons interested, not eligible for committee. Superseded by the Municijjal Corporations Act 1882, 6-. 22 {see Appendix)^ and 51 & 52 Vict. c. 41, ss. 40 and 75.] 8. It shall be lawful for the Board to make the new streets following; that is to say, a new street commencing in the parish of Saint Martin in the Fields in the city and liberty of Westminster in the county of Middlesex f at or from Saint Martin's Lane at or near its point of intersection by Long Acre and Cranbourne Street, and thence running in a south-easterly direction, and terminating in the jjarish of Saint Paul Covent Garden in the city and liberty of Westminster aforesaid at or near the north-west end of the street there called King Street, and which new street will be partly in the parish of Saint Martin in the Fields and partly in the parish of Saint Paul Covent Garden, and is herein-after referred to as the * Now the London County Council. See 51 & 52 Vict. c. 41, 8. 40 (8). f Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). Power'to make new streets. [20& 21 Vict.] ^^''f!!'. ^^'''^'^ Approach ami ^oufJocarh (-rjn^p.exv.] 275 ■- -^ and I > estint/istiu- L oinmararatjon Act 1 bu / . •- -■ Covent Gardon ay^prnarh ; a new street commenciiio: in the parish •of (Jhristchiirc^h JSuiithwurk in the county of" tSurrey * at the east side of the ]51ackfriars Road opposite or nearly opposite to the east end of Stamford Street, and terniinatinj^ in Hi<;h Street in the j)arish of Saint Saviour's in the boroui^di of Soiithwurk and county of Surrey* near York Street in tlie same borough, and which lastly-mentioned new street will be ])artly in the ])arish of Christchurch, ])artly in the Clink liberty, and ])artly in the j)arish of Saint Saviour's South- wark in the county of Surrey,* and is herein-after referred to as the South wark imj)rovement. 9 — 13. {jStvcets and other tvorku authorized to be made according to depo.^ited plans — Poivers to Board to take lands, to lay out foot- ways, to alter and stop up streets, etc., and testing of soil thereof in the Board for the pw'poses of the Act — Powers to stop up ways during works and to alter streets. Spent.~\ 14. \As to laying of pavements, and vesting the same, when laid, .in the board of works\ or vestry\ in lohose district or parish they arei] 15. [Sewers and drains to be arched over or filled up, and new Mwers and drains to he under the same management as existing ones?^ 16. \_Poiver to alter steps, areas, pipes, etc. Spent ^ 17. [Ground laid into the streets to form part thereof to he used ■by puhlic, and to be under the management of the board of ioorks\ or vestry \ in tvhose district or parish it is.'] 18. The Board may permit the use of the subsoil or ground Provision as under any street formed by the Board, or any part thereof, by any streets, -company or person for the purpose of subways, subroads, railways, or any public works or purpose, or for laying down gas or water pipes, or telegraph wires, upon such terms and conditions and for such period as the Board and such company or person may mutually agree, and the Board may soil and convey any such right or jiroperty to any company or person for any of the purposes aforesaid, or may grant a lease thereof for any term or number of years, and make •such stipulations for preventing injury to the adjoining property, and for the security of the public, as the Board think proper. 19 — 44. [Powers to take lands — Errors and omi.ssions in plans — Saving rights of Charles and William Pott — Power to Board to sell materials — Removal of hod ies from graveyard of Red cross Street J'riends' Meeting House — Powers to survey lands to he taken — Power for compulsory purchase limited to 5 years — Provisions as to acquisition of lands and, compensation — Section 133 of Lands Clauses Act 1^45 not incorporated — Deficiencies of land tax during works — Poiver to grant huilding leases of lands not wanted — Gvoiind rents and reversions to he sold — Power to sell land without previously leasing — Land not wanted to he sold icithin ten years — Jieceipts of Board to he effectual discharges — Power to Board to raise £35,U00 on the credit of the London Bridge Approaches Fund — Board may accept contributions towards Covent Garden approach — Moneys appropriated for South wark improvement to he paid to the Board. Spent.] 45. [Borrowing powers. Rep. in }>art 32 ct 33 Vict.r. l'>2, c». 5U. Hemr. spent ; see ihid. s. 34.] * Now the county of London, t^ee 51 I'c 52 Vict. c. 41, s. 40 (2). f Now the Metropolitan Borough Councils. See G2 & 63 Vict. c. 14, s. 4. 276 [Chap, cl.] The Finsbury Park Act 1857. [20 & 21 Yict.] 46 — 53. {Financial 'provisions. Rep. 32 & 33 Vict. c. 102, s. 50.] 54. \_Separate accounts. Superseded 51 & 52 Vict. c. 41^ ss. 6» and 71.] 55. {Application of moneys borrowed. Spent.'] 56. {Application of' moneys arising from sales, etc. Rep. 32 & 33 Vict. c. 102, s. 50.] 57 — 58. {Commissioners oj Works to deliver to the Board the £89,100 Exchequer Bills held by them — Board to exhaust suchfund& before exercising borrowing j)Owers. Spent.'] Schedule, {Forms of securities for loans. Spent. See 32 & 33- Vict. c. 102, s. 34.] Short title. Interpreta- tion of terms Power to form and maintain park. CHAPTER CL. An Act to enable the Metropolitan Board of Works to form A Park for the Northern Suburbs of the Metropolis, to BE called Finsbury Park. {llth August 1857.] {Preamble recites 18 & 19 Vict. c. 120, ^. 144, and 19 & 20 Vict, c. 112, aiid (inter alia) that the Metropolitan Board of Works had deposited with the Clerk of the Peace for the County of Middlesex plans of the proposed park.] 1. {Incorporation of Lands Clauses Act 1845. Spent.] 2. In citing this Act for any purpose it shall be sufficient to use the expression "The Finsbury Park Act, 1857." 3. In this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be some- thing in the subject or context repugnant to such construction ; (that is to say,) The word " person " shall include corporation, whether aggregate or sole : The word " streets " shall include streets, courts, or alley s^ highways, lanes, roads, thoroughfares, or public passages or places : The expression " the Board " shall mean " the Metropolitan Board of Works : " * The expression "New River Company"! shall mean the Governor and Company of the New River brought from Chadwell and Amwell to London. 4 — 6. {Board, to execute Act — Power to act by committee — Persons interested not eligible for committee. Superseded by the Municipal Corporations Act 1882, s. 22 (see Appendix) ; and 51 & 52 Vict. -g purchase limited to five years — Section 133 of Lands Clauses Act 1845 7iot to be incorporated — Deficiencies of land tax during works. Spent."] 30. Provided always, that the Board, their lessees or assigns, shall not, iu the execution of any of the powers by this Act given, diminish or interfere with the channel of the New River or the flow of water through the same, or construct or lay down any works,, sewers, drains, houses, erections, or buildings, whereby or by the user whereof the water therein or iu the mains of the New River Company* may be fouled, or the free access of air to the said channel obstructed ; and the Board, their lessees or assigns, shall not make any alteration of the levels of the land purchased or taken under this Act, whereby the depth of ground between the surface and any of the mains of the New River Company * shall be reduced to less than eighteen inches, or whereby the access to the New River shall be hindered. 31. The New River Company * may at all times hereafter lay down any new or additional mains and pipes, and examine, remove, alter, repair, and renew any of their mains or pipes for the time being laid in or under any lands which, or their rights and easements in and over which, shall have been purchased under the powers of this Act, and examine and cleanse the channel of the New River in the passage thereof through the same lands, and remove therefrom, place and lay upon the banks thereof stones, ice, mud, rubbish,, weeds, vegetables, and other matters which it may from time to time be necessary to remove from their works ; and lor the purposes aforesaid the New River Company,* their agents, servants, and workmen, may at all reasonable times hereafter, with or without horses and carts, enter upon any of the same lands : Provided always, that in the execution of these powers the New River Company * shall do as little damage as may be, and whenever the surface of the ground is disturbed by them they shall restore the same to the previous condition thereof, or as near thereto as may be, and shall remove all such matters as shall be laid on the said lands as aforesaid with all reasonable despatch. 32. That in the event of the Board acquiring the estate of the Ecclesiastical Commissioners adjoining upon the filtering reservoirs of the New River Company * near the Green Lanes, and appro- ])riating the land for the purposes of a park, the Board shall, if the Board of Trade shall so require, fence the New River and reservoir from the public ; and all such roads, sewers, bridges, communica- tions, and other works as shall be desired by the said Board, whether adjoining upon the said reservoirs or crossing the New River or the mains or works of the New River Company,* shall be constructed by and at the expense of the said Board ; and as to such of the same as interfere with, infringe upon, or pass over any of the works of the said New River Company,* the same shall be constructed under the superintendence and to the satisfaction of the engineer for the time being of the said New River Company,* and the New River Company* ' Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. [21 & 22 Vict.] '^^^'\ Metropolis Mruiagement .^, j , . ^ -J Amendment Act I808. •- -^ shall be exonerated from any oldifration under wliicli they now lie to the Ecclesiastical ( Jummissiuners for the fornjation of roads, sewers, or bridges, with a view to the occupation of the same ground for Ijuilding purposes or otherwise. 33. Any disputes which may arise between the New River As to settle- Companv * and the I^oard with reference to the constrnction, execu- ""^"•^ ''^'^^®' .; ,1 , -• n .1 putes between tion or non-execution, observance or non-observance ol any 01 the Board and l)Owers or provisions of this Act, or to any matter incidental thereto New River or connected therewitli, (except questions the settlement of which ^-'ompany.* is ])rovided for by "The Lands Clauses Consolidation Act, 1840," herewith incorporated,) shall, uidess a Judge of any of the sni)erior Courts of Common Law shall, on application to be made to him in a summary wa}', otherwise direct, be settled by arbitration ; and for this purpose the clauses and provisions of " The Railways Clauses Consolidation Act, 1845," with res])ect to the settlement of disputes by arbitration, are incorporated with this Act, with this alteration, namely, that the appointment of any arbitrator on the part of the Board shall be under their common seal. 34 — 35. \Jioard may sell lands not wanted tvithin ten years — Receipts of Board to he effectual discharges. Spent.'] 36. [Borrorcing powers. Rep. in part 32 & 33 Vict.c. 102, .s-. 50. liemr. .spent ; see ibid. s. 34.] 37 — 44. \_Financial provisions. Rep. 32 & 33 Vict. c. h)2,s. 5iJ.] 45. [Application of moneys to be borrowed. Spent. See 32 & 33 Vict. c. WZ,s. 3.] 46. The Board may enter into all such contracts as they may The Board think fit for forming and providing the said jjark, conveniences, and ™*y contract, matters by this Act authorized to be provided, and for any others in relation to the purposes of this Act in respect of which it may appear to the Board expedient to enter into contracts. 47. [Accounts. Superseded^! & 52 Vict. c. 41, 6'. 71.] Schedule. [Forms of securities for loans. Spent. See 32 & 33 Vict. c. 102, .$. 34.] 21 & 22 VICTORIA. A.D. 1858. CHAPTER l«i4. An Act to alter and amend the Metropolis Local Manage- ment Act (1855), and to extend the Powers of the Metropolitan Board of Works for the Purification of the Tha:\[es and the Main Drainage of the Metropolis. [^Zd August 18.58.] [Preamble {reciting 18 & 10 Vict. c. 12o) rep. 55 k bQ Vict. c. 19 {S.L.R.).'] 1. The Metropolitan Board t shall cause to be commenced as soon The Metro- as may be after the passing of this Act, and to be carried on and ^^^l^rk^'u)'^^^ completed with all convenient speed according to such plan as to commence them may seem proper, the necessarv sewers and works for the sewerage * Now the Metropolitan AVater l!oard. See 2 Edw. 7, c. IL „g -_.„^ k^ t Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). • 280 [Chap. 104]. ^^^'' A^J^fnt l7'\%^!''^ ^^^ ^ ^^ ^'''^•^ improvement of the main drainage of the metropolis, and for pre- venting, as far as may be practicable, the sewage of the metropolis from passing into the River Thames within the metropolis. BoaTmay "" 2. The Metropolitan Board of Works, for the purposes of this construct Act, may construct any work through, along, over, or under the bed works on the and soil and banks and shores of the River Thames, making com- bed^of the pensation to all persons having any interest in any wharfs, jetties, Thames. or other property damaged by such works, as provided by the said Act of the eighteenth and nineteenth years of Her Majesty in respect of property injured under the powers of such Act. Powers of g r^y^^ powers of taking land given bv the said Act of the takings land .1, , i- ,° ^tt \t • , inji to apply for eighteenth and nineteenth years 01 Her Majesty, and all other the purpose of powers iu such Act and this Act in relation to sewerage works, deodorizing gi^all extend and be applicable as well to works for deodorizing sewage as to all other works under this Act, either within or beyond the limits of the metropolis, and all such works shall be deemed works for the purpose of the sewerage or drainage of the metropolis. 4 — 7. [Powei's to raise money for purposes of Act. Rep. 32 & 33 Vict. c. 102, s. 50.1 8. \_Applicatio7i of money borrowed. Rep. 55 & 56 Vict. c. 19 {S.L.R.):] Appointment 9, It shall be lawful for the Commissioners of Her Majesty's enffineerif^"^ Treasury from time to time to appoint an engineer or engineers to inspect the works to be constructed under this Act, and to report to such Commissioners in relation to the expenditure thereon ; and such engineer or engineers shall have full power and authority at all reasonable times to enter upon such works, and survey and inspect the same, and to inspect the accounts of the said Metropolitan Board in relation thereto, for the purpose of reporting as aforesaid. 10 — 22. [^Pofcers to raise main drainage rate. Rep. 32 & 33 Vict, c. 102, s. 50.] Metropolitan 23. The Metropolitan Board of Works, in the meantime and until deodorize ^^'*^ works required by this Act for the purification of the River sewage, and Thames are completed, may do all such works and apply all such defray ex- means as they may deem proper for deodorizing such sewage or under^s^ 19 otherwise protecting the public health from any injurious conse- Yict. c. 120. quences therefrom, and may defray the expenses incurred for this purpose as the expenses incurred by the said board under the said Act of the eighteenth and nineteenth years of Her Majesty are therein directed to be defrayed. Board to 24. The said Metropolitan Board shall cause all works to be execute executed under this Act to be constructed and kept so as not to be works so as • 1 i n • i i • • 1 • t not to create ^ nuisance, and shall, in deodorizing any sewage, and in disposing a nuisance, of any sewage or refuse from sewers, act in such manner as not to create a nuisance. 25. [liepeal of s. ISrj and of proviso ^0 s. 144 ^ 18 & 19 Vict, c. 120. Rep. 38 & 39 Vict. c. 66 {S.L.R.):\ 26. {Extension of time for completion of certain works under 18 & 19 Vict. c. 126. Rep. 32 k 33 Vict. c. 102, s. 50.] Works, etc. to 27. No works upon the bed or shores of the said River Thames of b^^h°^^^ below high-water mark which may interfere with the navigation of Admiralty. ^^^-^ river shall at any time be commenced or executed under the TOT s oo T-,^ -1 '^fte Metropolis Management rn^., iim i oqi £21 & 22 \ ICT.] AmendLnt Act 1858. LChap. 1o4.] 281 j)rovisions of this Act witliout the same having hcen previously approved of by the Lord High Adminil,* or the commissioners for executing the office of Lord High Admiral, such ajjproval to be from time to time sjjecified in writing under the hand of the Secretary to the Admiralty. 28. In order to })reserve the navigation of the Hivor Thames, the Works upon plans of any work to be constructed under tiie authority of this Act jllver Thames upon the banks, bed, or shore of the River Thames, which may to be ap- interfere with the free navigation of the said river, shall l)e a[)proved proverl by the by the Conservators of the Uiver Thames, in writing signed by their ^f^tf,e'^j{^ye'r*' secretary, before such works are commenced, certifying that the Thames, works according to such plans will not interfere with the navigation of the River Thames, 29. Nothing in this Act contained shall extend or be construed to ^a^jng rights extend to prejudice or derogate from the rights of the Conservators sei-vators"o'f of the River Thames, or to prohibit, defeat, alter, or diminish any the Kiver power, authority, or jurisdiction which at the time of the passing of l'^»°^^s- this Act the said Conservators did or might lawfully claim, use, or exercise, so far as such rights, power, authority, or jurisdiction may be exercised for preserving the free navigation of the River Thames. 30. No works under or over the main navigable channel of the Regulation of River Lea shall at any time be commenced or executed under the oToveA'he^'^ provisions of this Act without leaving the top of any work under River Lea. the navigation not less than twelve feet below high water, Trinity standard, and for any work over any part of the navigation without leaving the soffit of such work not less than eight feet six inches above high water. Trinity standard, with a clear span over the said river, inclusive of the towing-path thereof, of not less than fifty-four feet; provided that it shall be lawful for the trustees of the River Lea, by writing under their common seal, on the application of the Metropolitan Board of Works, to consent to an alteration or variation of the said dimensions or either of them. 31. It shall be lawful for one of Her Majesty's principal Secre- On complaint taries of 8tate, at his discretion, on representation or complaint ^^^^^^jt^^^^ i„ made to him of anv nuisance committed in execution of auv works, execution of or in deodorizing any sewage, or in disposing of any sewage or ^^^^ks, Secre- refnse from sewers, or in any other manner under this Act, to cause may order inquiry to be made into the matter represented or com])lained of prosecution, to him, and to direct such i)rosecution or prosecutions, or to take such other proceedings as he may think fit, in order to ensure the prevention or abatement of such nuisance as aforesaid. 32. In the construction of this Act the expression '' deodorize " ti"\t'^£^f^'nis. shall be deemed to include any process whereby the solid susjiended matters in sewage may be j)recipitated or separated from tlie liquid before the discharge thereof, or whereby the noxious or otiensive properties of sewage may be neutralized ; and the expression "sewage" shall mean and include the contents of the sewers before the emi)Ioyment of such process. 33. The said Act of the eighteenth and nineteenth years of Her J^n^'S^^fg^^^t Majesty and this Act shall be read together as one Act. to be as one. Schedules A. and B. [Form of assessment and form of precept. 32 & 33 Vict. c. 102, 6\ 50.] * Now the Board of Trade. See the Harbours Transfer Act 1862, s. 8, 282 [Chap, xxxviii.] Victoria Park Approach Act 1858. [21 & 22 Vict.] CHAPTER XXXVIII. An Act to authorize the Metropolitan Board of Works to FORM an improved COMMUNICATION BETWEEN LiMEHOUSE AN1> THE Victoria Park in the County of Middlesex ; and FOR OTHER PURPOSES. \lUh Juue 1858.] {Preamble recites 18 & 19 Vict. c. 120, s. 144.] 1. [Incorporation of Lands Clauses Act 1845. &pent7\ Short title. 2. In citing this Act for any purpose it shall be sufficient to use the expression " Victoria Park Approach Act 1858." Interpreta- 3. In this Act the following words and expressions shall have, tion of words. i^^ several meanings hereby assigned to them, unless there be some- thing in the subject or context repugnant to such construction ; (that is to say,) • • • • ■ • The word '•' streets " shall include squares, streets, courts, or alleys, highways, lanes, roads, thoroughfares, or public passages or places : The expression " the Board " shall mean the Metropolitan Board of Works.* Power to make im- provements. \Part omitted {definitions of'-'- Justice,^' '■'-tico Justices,^'' and '-^ lessee'^} spent.'] 4—6. [Board to execute Act — Power to act hy committee — Persons interested not eligible for committee. Superseded by the Municipal Corporations Act 1882 {see Appendix), s. 22 ; and 51 & 52 Vict^ c. 4:1, ss. 40 and 75.] 7. It shall be lawful for the Board to make the improvements following ; (that is to say,) To form a new street or road, commencing in the parish of Saint Anne, Limehouse, in the county of Middlesex,f at or from the East India Dock Road at or near its point of intersection with the Commercial Road East and West India Dock Road, thence proceeding in a north-westerly direction, passing by means of a bridge over the Limehouse Cut, and under certain arches already formed under the railway known as the Loudon and Blackwall Extension Railway, and terminating in the hamlet of Mile End Old Town, in the said county, at or near to York Terrace and Saville Place in the Bow Road, opposite or nearly opposite to the south end of Grove Road : To improve that portion of Grove Road which is situate between Bow Road in the said hamlet of Mile End Old Town and Old Ford Road in the parish of Saint Matthew, Bethnal Green, and for the y)urposes thereof, to widen and alter that part of the road which is situate on each side of the crossing of the Eastern Counties Railway ^ over the said road, and to construct side arches under that railway, and to alter the footpaths of such road, or make new footpaths on both sides or either side of the Eastern Counties Railway,! in the said hamlet of Mile End Old Town and parish of Saint Matthew, Bethnal Green. * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). I Now the county of London. See 51 & 52 Vict. c. 41, a. 4.0 (2). \ Amalgamated with the Great Eastern Railway by the Great Eastern Railway Company's Act l':i(j2. [21 & 22 Vict.] Victoria Park Approach Act 1858. [Chap, xxxviii.] 283 8 — 13. [^fmprovements to be made arcordinr/ to drpoaited plana — Power to deciate — Piopcrt;/ not to he taken without consent ardean shown on plans — Ei-rors and omissions in plans — Power to lay out footways, etc. — Power to alter and stop up streets — Power to stop up ways during ivorks. Spent.'] 14. [Powei- to the Board to Jill up .arate accounts. Superseded h\ & 52 Vict. c. 41, s. 71.] 46. [^Application of moneys borrotved. Spent.] 47. \_Applicatio)i of moneys arising from sales. Rep. 32 & 33 Vict. c. 102, s. 50.] 48. [Saving the rights of the Crow?i.] Schedule. [Fo?'m of Bond. Spent. See 32 & 33 Vict. c. 102, s. 34.] 23 & 24 VICTORIA. A.D. 1860. CHAPTER 125. An Act foe better regulating the Supply of Gas to the Metropolis. [28M August I860.] [Preamble recites (inter alia) that " The Gaslight ^" Coke Com- pany^' " The City of London Gaslight ^' Coke Company "■\ " The Commercial Gaslight (f- Coke Company,'' " The Equitable Gaslight Company,'' X " The Great Central Gas Consumers Comjjany^'^ " The Independent Gaslight ^' Coke Company," § " The London Gaslight * Now the Metropolitan Borough Council. See (52 & 63 Vict. c. 14, s. 4. t Amalgamated with the Oasliglit & Coke Company by an Order in Council in 1870 made under 31 & 82 Vict. c. cxxv. ss. 18—24. X Amalgamated with tlie Gaslight k. Coke Company by the Gaslight & Coke Company's Act 1871. § Amalgamated with the Gaslight & Coke Company by an Order in Council in 1870 made under 31 & 32 Vict. c. cxxv. ss. 18—24. [23 & 24 Vict.] Metropolis Gas Act 18G0. [Chap. 125.] 286 Company,'' * " The Phoenix Gaslight if Coke Compamj,'' f " The liatcliff Gaslight f Coke Company,'' % " The Surrey Consumers Uppi by several mains in the same district, hare agreed, as far as possthle, each one to confine its supply to a separate district, in order to economise capital and avoid the too frequent opening of the public streets, and, that subject to the prorisions and restrictions of this Act, it is expedient that such districting should receive the sanction of Parliament.^ 1. This Act may for all j)iirposes be cited as " Metropolis Gas «hort title. Act, 186U." 2. "The Gasworks Clauses Act, 1847," (except so far as the io& ii Vict. ])rovisions thereof are inconsistent with this Act,) is incorporated ^- ^^- '"^^f- with and forms part of this Act, and shall apply to the several JhS'Act.'" companies before named or referred to as fully as if the gasworks of the several companies were authorized by this Act ; and the expression " undertakers " in the recited Act shall be held to applv 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 l)rofits or funds, to make up to the })rescribed 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 ; provided that the powers vested in the Justices by the said Act shall be exercised by a Magistrate. [ Varied {as regards the South Metropolitan, Commercial, and Gaslight ^- Coke Companies) 31 & 32 Vict. c. cxxv. s.2; 32 & 33 Vict. c. cxxx. 6-. 4 ; 38 & 39 Vict. c. cc. s. 3 ; and 39 & 40 Vict. c. ccxxv. s. 8.] 3. This Act applies to the several gas companies, and to all (^"ompanies persons already or hereafter supplying gas within the metropolis, to whomTct except as herein-after excepted. applies, 4. In the construction of this Act the following words and Interpreta- expressions have the following meanings, unless excluded by the ^^^^ °^ **''™®' subject or context ; (that is to say,) The expression " gas company " or " gas companies " means and 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,tt and district boards ft ai)pointed under an Act of the session of the eighteenth and nineteenth years of the reign of Iler present Majesty, chapter one hundred and twenty, for the local management of the metropolis : • Amalgamated with the Gaslight &; Coke Company by an Order in Council in 1883 made under 31 iSc 82 Vict. c. cxxv. ss. 18 — 24. t Amalgamated with the South Metropolitan Gaslight and Coke Company by an Order in Council in 1880 made under the South Metropolitan Gaslight '& Coke Company's Act IHTti, s. 64. X Amalgamated with the Commercial Gas Company bv the Commercial Gas Act 1875. § Amalgamated witli the South Metropolitan Gaslight in Coke Company by an Order in Council in 1879 made under the South Metropolitan Gaslight & Coke Company's Act 187G, s. 1)4. II Amalgamated with the Gaslight & Coke Company bv an Order in Council in 1872 made under 31 & 32 Vict. c. cxxv. ss. 18—24. ^ Amalgamated with the Gaslight & Coke Company bv an Order in Council in 1876 made under 31 & 32 Viet. c. cxxv. ss. 18—24. ** Now the London County Council. See 51 & 52 Vict. c. 41. s. 40 (8). ft Now the Metropolitan Borough Councils. See 62 & 63 Vict. c. 14, s. 4. 286 [Chap. 125.] Metropolis Gas Act 1860. [23 & 24 Vict.] 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 district, 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 Magis- trate acting in and for the district of the metropolis in which the matter referred to him arises, and iu 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 herein-after defined of not less than twelve candles : * The words " cannel gas " shall mean gas of an illuminatinof o o c power herein-after defined of not less than twenty candles. Limits of Act. 5. The limits of this Act shall be the metropolis: Provided 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 specified 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 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 metro- polis," or any extension thereof which may hereafter be made, under the provisions of the herein-before 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 defined in the said schedule, then the provisions of this * Rep. as regards the Commercial and Gaslight & Coke Gas Companies. See 38 & .39 Vict. c. cc. s. 3, and 39 & 40 Vict. c. ccxxv.'s. 8. [23 & 24 Vict.] Metrojjoli.'i Gas Act im). [Chap. 125.] 287 Act shall \)(i held to a])[)Iy to such companies respcftively so faronlv as regards such extended limits as may be within the metropolis. 6. The limits of each of the said com])anies shall be the respective Sanctioning districts sn])])lied with gas by such companies as the same are ^':^'^°™^°^ °^ ^Icfincd upon four duplicate maps, signed by the Hight Honourable gas'com-"^ TJiouuis Henry Sutton Sotheron Estcourt, and which maps have panics to be been severally deposited with the respective Clerks of the Teace ""'.^J''*^* '^ for the counties of Middlesex, London, Surrey, and Kent ; provided Jevl^io'i that at the expiration of three years next after the passing of this Act, and of every three years thereafter, Her Majesty's princi])al Secretary of State for the Home Deitartment* for the time being may, either upon the application 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 uj)on the requisition of not less than twenty gas consumers 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 obligations imposed by this Act, may make such alterations in the boundaries 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 majjs tshall be binding on all parties, and the provisions 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 Parliament 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 where such applica- tion 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. [See 51 & 5.2 I'/ct. c. 41, 6'. llf< (p) and (lU). 7 — 12. \_As to complaints and inspectors. Rep. (as regards the South Metropolitan, Commercial, and Gasliyht tj- Coke Compa?iies) 31 & 32 Vict. c. exxv. s. 3 ; 32 & 33 Vict. c. cxxx. .s. 4 ; 38 & 31) Vict. c. cc. s. 3 ; and 30 & 40 Vict. c. ccxxv. 6\ 8 ; and so apply to no existing compamj?\ 13. All the costs, charges, and expenses of and incitlont to any Cost of alter- inquiry and decision of the said Secretary of State * under this Act ^°S 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, ui)on an ex-parte api)lication, be made a rule of any of Her Majesty's superior Courts of Law at Westminster. * Now the Board of Trade. See 31 & 32 Vict. c. ccxxv. s. 3; 32 & 33 Vict. c. cxxvi. s. 81, and c. cxxx. s. 4 ; and 38 & 39 Vict. c. cc. s. 3. 288 [Chap. 125.] Metropolis Gas Act 1860. [23 & 24 Vict.] Gas com- panies to prO' vide pipes, and supply gas and meters at pre scribed rents. Security to be given to gas company, if required. Differences as to security to be deter- mined by a Magistrate. Penalty on gas company failing to pro- vide pipes or supply of gas or meters. 14. Every gas company from time to time supplying gas within any district shall, as to any premises or street within snch district not already supplied with gas, and which shall lie within fifty yards of any existing mains, at their own expense, on being required by the owner or occn])ier of any premises within the district or in part within the district, who shall contract for not less than two years to pay gas rates in respect of snch snpply to an amount equal to twenty per cent, upon the outlay, provide and lay all proper and sufficient communication, service, and other pipes vq) 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 authority, 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, furnish 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. . . . l^iimended (as regards South Metropolitan and Commercial Companies) 32 & 33 ^^ict. c. cxxx. s. 73 ; and 38 & 39 Vict. c. cc, s. 75. See also the Gasivorks Clauses Act 1871, ss. 11 and 39. Part omitted {companies 7iot charging ineter rents on \st Januarif 1860 not to charge the same before \st January 1862) rep. 38 & 39 Vict. c. m (S.L'.R.).'] 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. [^Amended (as regards the South Metro- politan, Commercial, and Gaslight ^^ Coke Companies) 32 & 33 Vict, c. cxxx. s. 72 ; 34 & 35 Vict. c. cxxi. s. 13; and 38 & 39 Vict, c. cc. .S-. 77. See also the Gasivorks Clauses Act 1871, 55. 11 and 16.] 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 applica- tion 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 comjmny, or with any person approved by the Magis- trate, 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 determine. \_Note to s. 15 applies.^ 17. If the gas company, not being entitled to require or not having required any security, wilfully fail for seven days after being thereunto required in writing by the consumer, or where the security agreed on or determined by the Magistrate is given, shall [23 & 24 Vict.] Metrojjolis Gas Act ISfiO. [Chai-. 125.] 289 wilfully fail for fonrteoji days thereaftor to provide and lay all liropcr and snUiciont commnnicatioii, service, and other ])i])es, or to j'lirnish a snj)jil\- of gas, or to I'lirnisii any meter, pursuant to the provisions of tiiis Act, then and in every such case the «^as company shall, on a summary conviction before a ]\Ia<^istrate, forfeit and pay to the consumer not exceedin*,^ iorty sliillinu's tor every day after the ex{)ii'ation of seven or fourteen days respectively durini^ wliicli the failure continues. \_Amen(/<'(i bij the Gasworh/i Clauses Act 1871, s. 2 ; but see 38 & 39 Vict. c. cc. .s.'3.] 18. Provided, that every private consumer shall, if so required ,.,j^ns!rmed in wi'itin.u' by the ,ublic iinina by lamps; provided that the gas com})any shall not be compelUul to '"^'l' . light any street with lamps at a greater distance from each other than ^" '*^' • ' seventy-iive yards. [_See also 31 & 32 Vict. c. cxxv. ss. So and 80.] 23. The local authority may j)rovide and keep in rejiair their own Local l)ublic himi) iiosts and lami)s, and aiu)aratus connected therewith, ''"^'"'"^'^.s, 1- r-xi- ii.i.1 1 J. 11^ 1 ..■ 1 i":iy provide and m case oi their electing to burn by meter, light and extinguish lauip posts the lamps, and defray the exjienses thereof. \_Sce 18 & 10 I'/W. and lamps. r. 102, .s5. 130 and 200 ; and 25 & 20 Vict. c. In2, s. 90.] 24. Every gas company shall, unless ])revented by necessary Service repairs or unavoidable accident, at all times keep all their branch ^,^,^1*"'*^}^^^^^^^^ or service pipes fully charged with gas, and the stopcocks so turned ^■^x.\\ gas. 19 290 [Chap. 125.] Metropolis Gas Act 1860. [23 & 24 Vict]. Limit of charge for gas and meters. Difference to be settled by _ arbitration. Incoming tenant not to pay arrears of outgoing tenant, unless by express aareement. Gas com- panies to cause maps of their districts to be made. As to deposit and inspec- tion of the maps; as not to prevent the brancli or service pijjes from being at all times filled with gas. 25 — 34. [^6- to illuminating jpower^ purity, and gas examiners. Note to ss. 7 — 12 applies.~\ 35. . . . Xo gas company shall . . . demand or take for any gas or tive-light meter snpplied by them any snm of money exceeding the rate or meter rent by this Act authorized. [ Words omitted (" after the ^\st Dec. 1860," and saving for existing contracts) rep. 55 & 56 Vict. c. 19 {S.L.R.).'\ 36. ^^Determination of existing contracts. Rep. 38 & 39 Vict, c. 66 (S.L.R.) ; and 55 & 56 Vict. c. 19 (S.L.R.).] 37. [As to charge for J) uhlic lamps. Sote to ss. 7 — 12 apjplies.^ 38. If any difference arise between the local authority and the gas company with respect to ... the rate to be charged for gas supplied or for lighting any public lamp, the difference shall be referred to and be determined by arbitration in the manner prescribed by the "Companies Clauses Consolidation Act, 184.5," wdth respect to the settlement of disputes b}' arbitration. \_Rep. {as to Com- mercial and Gaslight ^" Coke Companies) 38 & 39 Vict. c. cc. s. 3, and 39 & 40 Vict. c. ccxxv. s. 8 ; as regards the South Metropjolitan Gas Compjany, the words '■'■ Lands Clauses ConsolidaJ.ion Act, 1845" substituted for " Companies Clauses Consolidation Act, 1845 " 32 & 33 Vict. c. cxxx. s. 69. Part omitted {as to diference with respject to alteration of test) .superseded by the Gaslight ^^ Coke and other Gas Companies Amendment Act 1880, s. 6.] 39. In case any consumer leave the premises where gas was supplied to him without paying to the gas company the rate or meter rent due from him, the gas com^jany shall not reijuire from the next tenant of the premises payment of the arrears so left unpaid, unless the incoming tenant agreed with the defaulting consumer to pay the arrears ; but the gas company shall, not- withstanding any such arrears, in the absence of collusion between the outgoing and incoming tenant, supply gas to the incoming tenant, as required by this Act, on being required by him so to do. 40 — 41. [As to appeal to Home Secretary on rise of price of gas — Home Secretary to issue form of accounts to be jilled up by gas companies. Sote to ss. 7 — 12 applies?\ 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 existinir: mains and district mains, and shall once in everv year correct such maj) and make such additions thereto as will show the line of all their then mains and district mains as aforesaid. \Ilep. {as to Commercial Company) 38 & 39 Vict. c. cc. s. 3. See ibid. s. 70 ; and {as to Gaslight <^' Coke Company) 39 & 40 Vict, c. ccxxv, .5'. 8. See also the City of London Gas Act 1^68, s. 88.] 43. Every map, or a copy thereof, so made by or for each com- jjany, with the date expressed thereon of the last time when it was so corrected, 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 [23 & 24 Vict.] Metropolis Gas Act 1860. [Chap. 125.] 291 be open to the inspection of all local authorities and consnoaers, and their respective agents, and they respectively niay take copi(^s of or extracts from the same ; and every gas company wilfully failing to comi)ly with any of the re([uirements of this Act with respect to maps, ;ind every person having charge of such maps who shall refuse to allow any ])erson to inspect and take copies of or extracts from such maps, slnill for every such ott'ence forfeit a sum not exceeding ten pounds. \_Note to s. 38 {as to repeal) applies.'] 44. Every clerk of the peace with whom any map shall be Charge for •deposited under the provisions of this Act may charge and take .'jf^map,^"" 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. \_yote to s. 38 {as to repeal) applies.] 45. If and whenever it apiiears to the Secretarv of State that anv ^ec^etary of . . . !• I • » 1 -1*1 I • "i '^tate may ot the provisions oi this Act liave been violated or not complied direct pro- with on the part of any gas comj)any, or that the gas company are ceedings by acting in a manner unauthorized by law, and if it appear to him that ^'^ Attorney it would be for the j)ublic advantage that the gas company should against gas be restrained from so acting, or compelled to do any act for remedy- companies. ing the wrongful act done by them, the Secretary of State may certify the same in writing to Her Majesty's Attorney General, and thereupon he, if he be so advised, shall proceed by information, bill, or action, or other such proceeding 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 ])eri()d exceeding one year after the committing of the offence specified in the certificate. \_JS'ote to s. (> applies.] 46. Every penalty imposed by this Act, the recovery and applica- Recovery and tion of which is not otherwise specially provided for by this Act, gf'pe^iti'^s. shall be recovered on summary conviction before a Magistrate, and 1)6 enforced, accounted for, and paid to the receiver of the metro- politan police district, and shall be apportioned in the same manner as penalties or fines, other than fines upon drunken persons, or upon constables for misconduct, or for assaults upon police constables, are by the Act of the third year of Her ])resent Majesty, for regulating police courts in the metropolis, directed to be recovered, enforced, accounted for, paid, and api)lied ; and every order or conviction of tiny Magistrate in respect of any such penalty shall be subject to the like appeal, and upon the same terms, as is Ijy that x\ct pro- vided 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 allow- ance of expenses, as they would be entitled to in case the order, conviction, and a])peal were made under that Act. 47. Every Magistrate shall, for the purposes of this Act, have Jurisdiction full jurisdiction and full powers and autliorities over the ])arties ["rates for pur- respectively, and with respect to making onl'Ts on the parties re- poses of Act. spectively, and otherwise, and as to costs, and may issue every such summons, warrant, and other process, and may take such other proceedings as he thinks requisite; and the service of any summons, notice, oriler, or other process in the matter on such person, or in such manner as a Magistrate directs, slniU be good service thereof; and every Magistrate may juoceed singly iu the execution ot this Act in such manner as he thinks proper. 292 [Chap. 125.] Metro23oUs Gas Act 1860. [23 & 24 Vict.] For the protection of -water companies. For laying pipes to convey gas. Mode of laying pipes 48. Notliing in this Act contained shall extend or be construed to extend to authorize or empower any gas company to interfere with or abridge any of the rights or privileges of any company estab- lished for the supply of water to the inhabitants of any parish or place 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. AVhenever any gas company, or their servants, agents, or workmen, shall dig or sink any trench for laying any new mains or pipes, other than service pipes, for the conveyance of gas or other apparatus 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 any 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 company 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. [_See 18 & 19 Vict. c. 120, ss. 109—112 and notes thereon.'] 50. All pipes hereafter to be laid by any gas company for the conveyance of gas shall be laid at the greatest practicable distance from the nearest part of any jjipe then laid down by or by order of any water company for the conveyance of water, and wherever the width of the carriageway 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 w^ater pipe at the greatest practicable distance therefrom^ and shall form therewith a right ans'le, 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 [23 & 24 Vict.] Metropolis Gas Act I860. [Chap. 125.] 2'J3 down any such gas pipe the gas company sliall use such joints as iii-e for the time being of the most imjiroved descri{)tion for pre- venting the leakage of gas, and shall in no case j(»in two or more gas pipes together ])revious to their ])eing laid in the trench, but shall lay each jtipe as near as may be in its place in the trench, and shall in such trench ]»roperly form the jointing with the otiier pipes to be added thereto with projjcr and snflicicnt materials, and shall also, wherever })racticable, lay and well and sufficiently bed < Victoria, cap. 110. District. The district defined by their said special Act. The di.strict defined by their said special Act. Tlie district defined by their said special Act. The district defined by their said special Act. The district now actually supplied by the company. Tlie district defined by their said special Act. The parish of Eltham. The district defined by their said special Act. The parishes and villages of and adjacent to Mitcham, Merton, and Tooting. 24 & 25 VICTORIA. A.D 1861. CHAPTEli 124. An Act fok amending the Law relating to the Receiver FOR the Metropolitan Police District ; and for other Purposes. [6M August 1861.] \Freamhh'. {reciting 10 Geo. 4, c. 44) rep. 55 k h^ Vict. c. 19 {S.L.R.)?^ 1. The person for the time beins^ hoklino- the office of Receiver for Kcceiver the metropolitan police di.strict shall be a t-"Oi'P*^^*i'^^ion sole, by the ^°"p^'j^"j^^^* name of " the Receiver for the ]VIetro])olitan Police District,'" and sole. by that name shall have })erpetnal succession, with a capacity by his official name to acquire and hold lands, to hold stock in the public funds, shaves in any public com])any, securities for monies, and j)ersonal pro})erty of every description, to sue and be sued, to execute deeds, using an official seal, to make leases, to enter into engagements binding on himself and his successors in office, and to do all other acts necessary or expedient to be done in the execution of the duties of his office. 2. [ T'ran.sfer to the Receiver oj'propertg vested in prerious receivers. Spent.'] * Now the South Suburban Gas Company. See the South Suburban Gas Act 1904, s. 3. t Amalgamated with the South Metropolitan Gaslight & Coke Company by an Order in Council in 18S4 made under the South Metropolitan Gaslight A: Coke Com- pany's Act 187(5, s. 1)4. X Amalgamated with the Gaslight :>c Coke Company by the Gaslight & Coke Com- pany's Act 1870. 296 [Chap, cxvii.] The Lambeth Bridge Act 1861. [24 & 25 Yict.] Exoneration 3^ The Receiver for the time being for the metropolitan police metropoman ^listrict, herein-after referred to as the Receiver, shall not be personally police liable for any debt incurred or engagement entered into by him by district. hj;^ official name in his official capacity, but all such debts and engagements shall be satisfied out of the monies for the time being received by him in his official capacity. Alteration of 4. The name of the Receiver for the time being shall not ... be ^^™® ^f|i^- inserted in the official account kept by him with . . . the Bank of of^England^^^'^o^'^^^- \_^Voi-(hs Omitted {;' after the passing of this Act"" and " the Gocernor and Comparoj of') rep. 55 & 56 Vict. c. 19 {S.L.R.').'] Power of 5. The Receiver may, by the direction of one of Her Majesty's Eece^ver to principal Secretaries of State, transfer, demise, enfranchise, mortgage, ' or otherwise dispose of property of any tenure vested in him in his official capacity, and may purchase, take, or lease property of any tenure required for the purposes of the Metropolitan Police Force or other the purposes of his office. [Rep. {so far as it relates to a.ny police court) 34 & 35 Vict. c. 35,* s. 5.] 6. [Pensions and oMowamces to icidows and children of constaMes killed in execution of tJieir duties. Rep. 53 & 54 Vict. c. 45, 6-. 36.] Eepealof 7. . . . [Repeal qfl() Geo. 4, c. 44,6-. 2q in part.'] The overseers ^e^t ^^~ f *^ball pay into the Bank of England, to the account of the Receiver 10 G.l. c. 44. of the Metropolitan Police, the amount mentioned in the warrant f and enact- within the time specified for that purpose, and . . . the certificate ment of new £ ^j^ bank, signed bv one of their cashiers, specifving the amount pro\'TSioDs in .. jr^ * ^ 71*0 lieu thereof, paid into the bank, shall be a sufficient discharge to the overseers for such amount, and shall be- allowed as such in passing their accounts with their respective parishes, townships, precincts, or places. [Paits omitted rejj. 55 & 56 Vict. c. 19 (xS'-Z.^.).] Payment of 3^ Jq addition to the sums hereby directed to be paid by the the'bank^ *^ overseers all other sums from time to time accruing payable to the Receiver shall be paid into the Bank of England to the account of the Receiver of the Metropolitan Police, and the certificate of the bauk, signed by one of their cashiers, specifying the amount paid into the bank, shall be a sufficient discharge to the persons paying the same. This and 9. This Act, so far as is not inconsistent with the purposes thereof, previous Acts ghall be construed as one with the said Act of the tenth year ot btruedas'one. ■'^i'^o George the Fourth, chapter forty-four, and the other Acts relating to the Metropolitan Police Force. 10. [Short title. Rep. 55 & 56 Vict c. 19 {S.L.R.)?^ CHAPTER CXVII. An Act to ixcorporate a Company for making a new Bridge FROM Lambeth to AVestminster. [\\th. .Jahj 1(S61.] [Preamble recites 6 (S: 7 Wm. 4, c. cxxxiv., and 1 & 2 Vict, c. Ixvii., and tliat the same had never been jyut into execution, and that the pjowers conferred thereby had expired.'] Short title. !• '^'^^^ -^^^ may be cited for all ])urposes as "The Lambeth Bridge Act, 1861." * Eep. GO & 61 Yict. c. 2t;, s. 9. f See 10 Geo. 4, c. 44, s. 23. [24 & 25 Vict.] The Ijunbeth Bridge Acf 18G1. [Chap, cxvii.] 297 2. \^In(:orporation of Latuls Clauses and ('ompanies Clauses Arts. Sjjent.'\ 3 — 15. \_fncori)Oi-afi(>N of Ldmheth Jiridi^e ('ninpanj^ n-itli an ■authorized capital of £4rid'ed by the Conservators — Lights to be exhibited at night during works. Spent.'] 21. Whenever the Board shall shut u]), remove, or take away. Piers and or in any manner obstruct the free use and enjoyment nt" any stairs to be existing piers, })ublic stairs, or landing place now marked by the iieu^onho°e Watermen's Comj)any, they shall cause some pier, public stairs, or taken away, landing place to be erected or provided, to the satisfaction of the Conservators, in the stead of the pier, stairs, or landing place so 302 [Chap. 93.] The Thames Embankment Act 1862. [25 & 26 Vict.] shut lip, removed, or taken away, or the free use and enjoyment of which may be obstructed ; and every such substituted pier shall, so soon as the same shall be completed, be and hereby is vested in the Conservators, and subject in their hands to all the powers and provisions applicable thereto of " The Thames Conservancy Act, 1857."* Embankment 22. From and after the completion of the embankment and repalr'^^^ ^^ viaduct by this Act authorized the Board shall, out of the rates raised for defraying the expenses of the Board under the Act eighteen and nineteen Victoria, chapter one hundred and twenty, keep and maintain the same respectively and every part thereof in proper repair ; and if the embankment or viaduct or any portion thereof or any of the works connected therewith be out of repair or insecure, so as to be dangerous to any person passing along the Eiver Thames, or to any vessel either moored alongside of or passing by the same respectively, or be in any manner injurious or likely to be injurious to the River Thames or to the free navigation thereof, the Conservators may, by notice in writing to the Board, require them to repair the embankment or viaduct, or the portion thereof or the works connected therewith so out of repair or insecure as afore- said, to the reasonable satisfaction in all respects of the surveyor from time to time of the Conservators, within a time to be limited in such notice ; and in case the Board refuse or fail to repair the embankment or viaduct, or such portion thereof, to the reasonable satisfaction in all respects of such surveyor, within the time to be limited as aforesaid, then and in every such case the Conservators may reiDair the same respectively, and may recover the expenses incurred thereby from the Board ; provided that all the parts of the metropolis shall be deemed to be equally benefited by all sums expended by the Board for such maintenance and repair as aforesaid. 23 — 24. [As to ascertaining com'pensation — Powers to take lands — Errors in book of reference. Spent.'] Ground laid 25. When the said roadway and new streets, and the approaches streets\tc ^° ^^^ same respectively, shall be made and paved in pursuance of to be used b^- this Act, all the ground and lands which shall be laid open into the the public. said roadway, or any of such new streets, or the approaches of the same resijectively, shall form jjart of such roadway or new street, as the case may be, and shall, except as hereby otherwise expressly provided, be used by the public accordingly ; and the same roadway, new streets, and approaches, and the sole power, authority, and duty of paving, repairing, cleansing, lighting, and watching thereof respectively, and of rating the lands and hereditaments situate and being within the same, shall be under the care, management, con- trol, and jurisdiction of the same vestries,t board, district boards,+ commissioners, or persons as the other streets in the wards, dis- tricts, parishes, or places in which the same respectively shall be situate. [Amended 35 & 36 Vict. c. Ixvi. s. 3. See also 62 & 63 Vict. c. 14, s. 6 (2).] 26. [J'eclaimed land to be dedicated to the jmblic. liep. 31 & 32 \ 'ict. c. cxi. s. 25.] 27. [Power to grant land or easements in respect of loss of ?iver frontage. Spent.] * Rep. and replaced by .57 & 58 Vict. c. clxxxvii (see Appendix.) f Now the Councils of the Metropolitan Boroughs. See 62 & 63 Vict. c. 14, s. 4. ^ [•25 & 20 Vict. J The Thamf^ Embankment Act \'6^1. [Chap. 93.] 303 28. No house or Iniildiuji; shall he erected npon any part ^'" ^louse to of the lauds to be aeunircd or reclaimed as aforesaid situated f ^^, ^r^*T» i'^ , , I , , * /• 1 o • • front or the between the Kiver iliames and the gardens oi the societies ptrdcns of of the Inuer and Middle Temiile respectivelv, other thau auv '*"' i'""-'" such ])orters or gardeners lodges, alcoves, or other buildings •^^'xemjie a like nature, of only one floor eacii, as are from time to time, whetlier i^efore or after the passing of this Act, a])proved by the First Commissioner of Her Majesty's Works and Public Buildings, by writing under his hand. \_Va.i'ie(l 3s & 3'.' Vict. c. clxxix. .s. 3U.] 29. Notwithstanding anytliing in this Act contained, the })ublic As to the roadwav herein-before mentioned shall, so far as the same itasses '■"•'^^^^Y',^*** . I ' 1 !• . 1 1 !• 1 o ■ !• !• I T 1 -.f 1 11 connected southward oi the gardens ot the Societies oi the Inner and Middle with the Temples respectively, be constructed on an embankment, and all the Inner and land reclaimed and enclosed from the River Thames Iviuir in front of ^f"^'^l^ the present southern boundary of the Inner and tiie Middle Temjtlcs, except so much as is occupied by the embankment and road thereon, shall for ever hereafter be the exclusive property, as to such land southward of the Inner Temple, of and be vested in the trustees for the Society of the Inner Temple, and as to the lands southward of the Middle Temple, of and be vested in the trustees for the Society of the Middle Tcmi^le, for an estate in fee simple absolute in possession, to and upon the like uses and trusts as the uses and trusts to and upon which the lands adjoining thereto of the societies respectively are from time to time held ; and such lands, but not the embankment or road thereon, shall for all parochial purposes be within and part of the places called the Inner Tem})le and the Middle Temple respectively ; and in order that so far as can be the two societies respectively and their respective property and rights shall be protected against being prejudicially iiifected bv the execution of this Act, the Board from time to time may and shall take all such precautions, and make, execute, and do all such matters and things, in, upon, in connexion with, and near to the Temple land, and fulfil all such stipulations, as are before the ])assing of this Act specified, under the hand of the First Ct>mmis- sioner of Her Majesty's Works and Public Buildings : and the said Societies of the Inner Temple and Middle Temple shall not claim any damage or compensation in respect of the execution of the jjowers of this Act. \_^See note {as to extra-parochial places) on 18 & 19 Vict. c. 120, s. 158.] 30. The Board may and shall make for the two societies a Board to lauding })lace, with proper and sufficient works and conveniences "^.^' '^'^'^'°^ •connected therewith, in substitution for their present landing j)lace u^ of the at the end of Middle Tem])le Lane, and the same shall be used by Temples, the Inner Tem})le and the Middle Temple, and shall be held, enjoyed, and regulated by the two societies as their private lauding place accordinglv. 31. [Saving the rights of the Temples.'] 32. As regards all lands which shall be purchased or otherwise Board may accpiired by the Board under the jjrovisious of this Act, and which ?^^^ build- shall not be wanted for the j)urposes of the same (other than and !r"ound"not'^ •except such lands as are by virtue of this Act reserved and exccjited wanted for from the operation of this power of leasing, or are otherwise dealt purposes of ^vith), it shall be lawful for the Board, subject to the provisions of this ^^^ ^'^^' 304 [Chap. 93.] The Thames Emhankment Act 1862. [25 & 26 Vict.j Board mav make agree- ments for leases and accept sur- renders of leases, etc. Act, when and as they shall think fit, by an indenture or indentures nnder their common seal, to demise and lease such ground and hereditaments, or such part thereof as they shall think it expedient to let on building leases, either together or in parcels, to any person or persons who shall erect and build or covenant and agree to erect and build thereon, or on any part or parts thereof, houses, erections, and buildings of such rate or class or respective rates or classes of buildings, upon such plan and elevation or respective plans and elevations, of such height or respective heights, and with such stories, as the Board shall think proper, for such number of years and under such conditions as they may think fit, and either at a rent or without any rent, but so that in every such demise or lease there be contained a covenant for the payment of the rent, if any shall be thereby reserved, and also such other covenants on the part of the tenant or lessee therein to be named as the Board shall reasonably require, and also a clause in the nature of a condition of re-entry on nonpayment of the rent (if any) thereby to be reserved, or on nonperformance of the covenants therein to be contained on the part of the tenant or lessee to be observed and performed, and that the lessee or lessees named in every such lease shall execute a counter- part thereof ; and on the negotiation for any such lease the Board may, if they think fit, accept and take any fine for the granting thereof, and may enter into any agreement for the granting any lease or leases on such terms and conditions as they may think fit, and on the granting the leases in pursuance of such agreements may alter the amount of the rents agreed to be reserved on such leases, and may apportion the same and grant separate leases of any part of the hereditaments by any such agreement agreed to be leased, as thev mav tliink fit ; and mav also, as thev think fit, alter or rescind any agreement as aforesaid, and may accept any surrender of any lease granted, for the purjiose of granting separate leases of the same i^remises at apportioned rents or under different covenants, or otherwise in all respects as the Board shall think fit ; and further, any part of the said lands may be appropriated for squares, gardens, or open places, or for basins, docks, barge beds, or other works or conveniences as aforesaid, and any part thereof may be let for yards or courts to be attached to anv houses, to be leased as the Board shall think fit. Power to 33. As soon as conveniently may be, and either before or Board to sell after the houses, erections, and buildings to be erected and built rentfand*^ as lastly herein-before is mentioned, or any of them, shall be reversions finished and completed, and either before or after such leases as comprised in last aforesaid shall have been granted, the Board shall and they sue lease. ^^.^ hereby authorized and required to sell and dispose of the ground rents to be reserved by the leases or demises in pursuance or in consideration of which the same houses or buildings re- spectively shall have been erected and built, or shall be agreed to be erected and built, and also the reversion and inheritance in fee simple in possession (subject to any such lease or demise or agreement) of the pieces or parcels of ground thereby demised or agreed to be demised, and such houses and other build- ings thereon, either altogether or in jjarcels, by public auction or private contract, for such prices or sums of money as the Board shall think reasonable, and subject to such stipulations and [25 & 20 Vict.] The Thames Embankment Act \m2. [Chap. 03.] 305 ])r()visions as to the enjoymont thoroof, and as to tlu; nature of the i)iiiklin' severed, of every such person so declining or neglecting in respect of the lands included in such offer shall cease, and a declaration in writing made before a Justice by some person not interested in the matter in question stating that such offer was made and was refused, or not acce])ted within six weeks from the time of making the same, shall in all courts be suliicient evidence of the facts therein stated. [Varied by 26 & 27 Vict. c. 45, s. 21.] 36. If any person entitled to such ])re-emption be desirous of Differences purchasing any such lands, and such person and the Board (\o "Ot ^"^ ^^'^ Pj"^^^^*" agree as to the price thereof, thp:ii such price shall be ascertained arbitration. 20 306 [Chap. 93.] The Thames Embankment Act 1862. [25 & 26 Vict.] Provisions of 18 & 19 Vict. c. 120., 19 & 20 Vict. c. 112., 21 & 22 Vict. c. 104., incorporated. Use of locomotives prohibited in the streets. Owners of vessels liable for damage done to the embankment, etc. Masters com- pelled to pay penalties for neglect of servants may recover the same from servants. by arbitration, and the costs of such arbitration shall be in the discretion of the arbitrators. 37. [^Application of monies arising from, sales. Rep. 32 & 33 Vict. c. 102, s. 50.] 38. [Application of surplus monies. Spent7\ 39. The provisions of the Acts relating to the local management of the metropolis, namely, the Acts eighteen and nineteen Victoria, chapter one hundred and twenty, nineteen and twent}' Victoria, chapter one hundred and twelve, twenty-one and twenty-two Victoria, chapter one hundred and four, shall, so far as the same are not incon- sistent with the provisions of this Act, extend and apply to the objects and purposes of this Act ; and the Board shall, for carrying out those objects and purposes, have and may exercise all such powers, privileges, and authorities as are conferred upon them by such Acts ; provided that the Board shall not apply any monies which they are authorized to raise under the said Acts to the construction or com- pletion of the works specially authorized by this Act. 40. [Costs of arbitrations. Spent.'] 41. It shall not be lawful for any person to use a locomotive engine propelled by steam along the streets or roadways constructed under the ])rovisions of this Act. [See also the Locomotives on Highways Act 1896, s. 1.*] 42 — 46. [Financial provisions. Rep. 32 & 33 Vict. c. 102, s. 50.] 47. [As to separate accounts and audit thereof, and laying the same annually before Parliament. Superseded 51 & 52 Vict. c. 41, s. 71.] 48. In case any damage or mischief shall be done to the said embankment or roadway, or to any such quays, piers, stairs, hards, slips, or landing places as aforesaid, or any of the works, matters, or things to be constructed or provided under the provisions of this Act, or any part thereof respectively, by any ship, lighter, barge, boat, float, raft, or vessel, through the wilful negligence of any person having the command of any such ship, lighter, barge, boat, float, raft, or vessel, or any of the mariners or persons employed therein, then and in every such case the owner of such ship, lighter, barge, boat, float, raft, or vessel is hereby made answerable to the Board for the amount or value of any such damage or mischief, and the same, provided it shall not exceed the sum of twenty pounds, if not forthwith j^aid and satisfled, may be recovered in such manner as the penalties and forfeitures hereby imposed are by virtue of the Metropolis Local Management Act, eighteen and nineteen Victoria, chapter one hundred and twenty, directed to be recovered. [See 18 & 19 Vict. c. 120, ss. 225—227.] 49. In case the owner of any such ship, lighter, barge, boat, float, raft, or vessel shall be compelled to pay any penalty, or to make satisfaction for any damages, by reason of any neglect or deftiult done or committed by his servants or mariners, or any of them, such servants, and each and every of them, shall be liable to pay such * S, 1 of the Locomotives on Highways Act 1896 is as follows : " 1. (1) The enactments mentioned in the schedule to this Act, . . . shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its loco- motive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause. , . ." The schedule to the 189G Act includes (i/i^d-ra/ia) 25 & 26 Vict. c. 93, s. 41. [25 & 2G Vict.] TJa^ Thamrs llmbanhment Act 1802. [Chap. 93.] 307 penalty or damufi'es fwitli tlio costs thereof) to siicli owner ; and in case oi' nonpayment, upon demand thereof, and oatli made by such owner of the payment made by him of such penalty, satisfaction, or damages, and that the same and the costs thereof have not been repaid to him by such servants or mariners, or any of them, althoujrh demanded (sueii oath to be maile befi^re any one or more Justice or Justices of the Peace for the c;ounty or place where such penalty or satisfaction siiall have been recovered), the amount thereof, provided the same shall not exceed the sum of twenty j)ounds, shall be recovered in the same manner as any penalty is by virtue of the Metropolis Local Management Act, eighteen and nineteen Victoria, chapter one hundred and twenty, directed to be recovered. \_Note to s. 48 applies.^ 50. AVlien any fine or penalty shall be recovered under the Application authority of this Act, the aj)|)lication wiiereof is not otherwise '^^P'^'^^^'^'^* provided for, the same shall be j)aid to the Board, and be applied priated. by them for the i)urposes of this Act. 51 — 52. l^Tem/er of (iiucikIs — Notice and limitations of actions. 'Superseded h;/ f/a: Public Auflwrities Protection Act 1893 (see Appendix)7^ 53. Except witli the previous consent in writing of the Most Xoble T-an^i of the Algernon Duke of Northumberland, his heirs, se([uels in estate, or x"liu°*' u assigns, the Board shall not take any more lancl belonging to the Lnd, except said Dnke, under the provisions of this Act, than is requisite for the tl'at required formation of the following streets, not exceeding sixtvfeet in width: f^^the forma- . . . ^. * lion of CGr- that is to say, a street in continuation of \Vhitehall Place and a tain streets, street in coutiuuation of Xorthumbeidand Street, such streets to be not to be ,made respectively in the direction shown on the Plan A. herein-after ^^^^'^ ^■'^^; referred to, or within the limits of deviation shown on such ])lan ; and, except with the previous consent in writing of the said Dnke, liis heirs, secpiels in estate, or assigns, and of the said Board, no ibuilding shall be erected upon the lands taken from the said Dnke, his heirs, sequels in estate, or assigns, for such streets, or upon the dands coloured green upon the ])lan ujarked (A.) signed in duplicate by the Bight Honourable William ( 'owper, one part wiiereof is deposited in the l*rivate Bill Otlice of the Honourable the House .of Commons, except any buildings for making necessary fences on the sides of such streets, or for accommodating the public with fountains or covered resting places, or for public monument>^, such ■ buildings or monuments not exceeding nineteen feet in height above Trinity high-water mark. [^Amended 31 & 32 Vict. c. cxi. s. 24. ■ See also 36 & 37 Met. c. 40. s. 2 ; and c. c. s. 29.] 54. [. 1-v to aj/propriation of lands southward of the Craven Estate for formation of new .street in continuation of Crai'en Street. Rep. 3(') & 37 I 'ict. c. c. *'. 27.] 55. [^l.^- to street between Whitehall Place and \Vellinyto/i Street bt/ Charing Cross Rail wo >/ Bridge. Rep. 31 ifc 32 Vict. c. cxi. i^. 25.] 56. [As to lands of the Charing Cross Railwag Compang.* Spent.] 57. Notwithstanding anything in this Act contained, it shall be As to repair lawful for the said Company, after notice to the Board, and subject "f Charing to their reasonable regulations, at all times hereafter to enter upon and w^ks^^'^ * Now the South-Eastern Railway Companv. See the Charins: Cross Railway Acts .1SG3 and 18G4, 308 [Chap. 93.] The Thames Embankment Act 1862. [25 & 26 Vict.} As to con- struction of landing places. Provision as to the land belonging to Duke of Norfolk. Buildings not to be erected between the property of the Marquis of Salisbury- and the river. Junction with Salis- bury Street not to be consti-ucted without consent of Marquis of Salisbu^J^ and use, for the purposes of repairing, amending, or restoring their railway and works, and their steamboat pier and landing place at Hnngerford, and the works connected therewith, so much of the said street or embankment as adjoins to or passes under the said railway and works. \Jiee also 4 Edw. 7, c. cciii. s. 39.] 58. No public landing place, pier stairs, or quay for landing passengers (other than such as shall be substituted for the present AdeljDhi Pier at the site now occupied by that pier) shall be con- structed under the jjowers of this Act, on the south side of the said embankment within one hundred and fifty yards on either side of the steamboat pier belonging to the Charing Cross Eailway Company at Hnngerford. \J^ote to s. 57 applies.'] 59. [^Saring rights of Charing Cross Railway Company .*] 60. ...... No buildings shall be placed on the reclaimed land between Somerset House and the Middle Temple southward of the said a])proach road on the said plan, exce])t the walls or arches of the Embankment or of any roads or approaches to be made on the said land, and except any public stairs or landing places, fountains, and covered resting jjlaces for public use, or public monuments. \Parts omitted (as to construction of the north side of the approach road and apjjroaches thereto from Surrey Street, Sorfolk Street, and Arundel Street — Vesting certain lands in and as to rights of building for and compensation to the Duke of Sorfollf. Spent 7\ 61. {_As to the AdelpJii Estate. Hep. 31 k 32 Vict. c. cxi. .s. 25.] 62. No house or building shall be constructed without the consent of the Marquis of Salisbury, his heirs, sequels in right, or assigns, upon any land now lying between, or which shall or may after the reclamation and enclosure of the bed and foreshore of the river, lie between, Cecil Street and Salisbury Street, and the houses on the southern ends thereof on the north and the Kiver Thames on the south, other than the walls or arches of the embankment, or any roads or approaches to be made on the said land, and except any public stairs or landing places, fountains, and covered resting places for public use or public monuments. . . . [^Pa/i omitted (a.s to right)i of access for the Marquis of Salisbury) rep. 36 & 39 Vict, c. clxxix. .S-. 12.] 63. No roadway to Salisbury Street shall be constructed without the consent of the said Marquis, his heirs or assigns, and if so con- structed shall not be open to the public except for foot passengers, unless the said Marquis, his heirs or assigns, shall by some writing under his or their hand or hands si^'nifv his or their intention to dedicate it to the public for other purposes, to be specified in such writing or writings. 64 — 66. \Saring the rigJds of the Corporation of the City of London, the Tlianies Conservators, and t/te Metropolita.n Police.] 67. \Tnterference tvith sewers during works. SpentT] 68 — 70. \_Sating the rights of the Commissioners of Sewers of the City of London, district boards and testries, the Charing Cross and Waterloo Bridge Companies, tJie Corporation of L^ondon (as to Blackfriars Bridge^, tlte Commissioners of Works {as to Westminster * Now the South-Eastern Piailsvay Company. See the Charing Cross Railwav Acts 1863 and 1864. 125*20 V:CT.] "' Vl^rif .1^^"^^ "' [«-"«•] '"'^ /^/vV/ryr), c/z/c/ r>/" M^' Loj/(/o/?, C/iafkam, and Dnrer Raibvay Com- j)ain/. Set- 40 i^. 41 IVr/. r. xcix. rt«f/ 50 & 51 Vict. c. 34.] 71 — 72. [^l.s' ^o (Ivridtioii of/pnsite certain Crown lant/.s, delineated on certain jdam^ called " Ike Crown P/a/^s," ropieii whereof' were depoiiited in the Court of Exchequer and the < >lfice of Record a. Spent^ 73. \_/^i.sjjo.sal of reclaimed, land in which the Crown is interested. Spent.'] 74. It shall not be lawful for flic Board to orect aiiv building or No buiUling , , 1 , / i.1 i.1 .11 •!■ " I. 1 to be erected strnctnro wliatevor (other than a ])!irai)<'t wall or railiii,'/ not exceed- o^ embank- ing four feet in height) on any part of the eml)aiikment coloured ment oppo- blue, green, or red on the said Crown ])lans, without the consent in site land in writing of the Commissioners of Her Majesty's AVoods, Forests, and intereste'd"^'^ Land llevennes, or one of them as regards the part coloured ])lue, without or of the First Commissioner of ITer ^Majesty's Works and Public consent. Buildings as regards the i)arts coloured green and red. 75 — 78. [.l.s to ascertaining value of the interest of the Crown and Thames Cofi.serrators in certain lands — No compensation to be paid to the Cro/rn in respect of land above high-water mark — Board to proride new landing place.'f ?chen e.ristinq ones in front of certain Crown lands arc removed — Crown lessees to have for 5 years after the passing of the Act options of leases of reclaimed land adjacent to their properties. Spent.~\ 79. [Saving the rights of the Crown under the Thames Conser- vancg Act 1857. See 57 k 58 Vict. c. clxxxvii. {see Appendix)7\ 80. {Saving the rights of the Crown generally.'] 81. \_As to taking lands of the Duchy of Lancaster. Spent.] 82. [Jn to construction of the .street viaduct witJiin the precinct of the Savoy, and saving for the J > achy of lAincaster. Rep. 31 ct 3*2 Vtct. c. cxi. s. 25.] 83—84. \_.\s to construction of the viaduct in front of the works of the City of London Gas Light : l;l Vict. c. 120 (page 214). 310 [Chap. 102.] The Metropolis Mcoiagemenf Amendment Act 1862. [20 & 26 Vict.] Sums to be assessed by Metropolitan Board. Basis of assessment. Mode of as- sessment by the Metro- politan Board of Works. 3 — 4. {Defining jparishes and jAaces on which a loan to the Metro- politan Commissioiiprs of Sewers from the Clergg Matual A.s.^ti ranee Societg is to be charged — Sating rights of jjersons holding securities therefor. Speiit.'] 5. {Repeal of s. 170 o/" 18 & 10 Vict. c. 120.] The Metropolitan Board of Works shall from time to time ascertain and assess upon the several parts of the metropolis the several sums whicli^ having regard to the annual rateable value 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 tlie said Board : Provided 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 proceeding 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 and eighty-first section of the firstly-recited Act, but the same shall be judged of in all respects as if this Act had not been passed. [Part omitted {repeal of s. 170 6>/ 18 & 19 Vict. c. 120) rep. 56 & 57 Vict. c. 54 {S.L.R.). See the' County Rate Act 1852 ; 32 & 33 Vict. c. 102, s. 22 ; and 51 & 52 Vict. c. 41, ss. 3, 40, and 68 semhle superseding this section.'] 6. For the purpose of making any assessment under the preceding- section the Board shall estimate the annual value of property according 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. [Rep. so far as authorizing or relating to the ascertaining of the calue of ang hereditament with respect to the calue of which the ralaation prodded for hy 32 & 33 Vict. c. 67 is conclusiie. See ibid. s. 77, and see note on s. 5.] 7. All such assessments to be made by the Metropolitan Board of "Works shall lie assessed and charged by the said Board upon the same basis and in the same manner as the county rate is assessed and charged by the Justices under the statutes in force for assessing and charging county rates in England and "Wales : Provided always, that 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. [Sotc on section 6 apjjlies^ 8. [As to forms of assessments and precepts of Metropolitan Board of Works. Rep. (a.s- to precepts) 62 & 63 Vict. c. 14, s. 35 ; rernr. {as to assessments) spent. See 32 & 33 Vict. c. 102, s. 22.] 9 — 12. [As to assessments and precei)ts of Metropolitan Board of Works. Rep. 62 & 63 Vict. c. 14, ... 35.] 13. [Metropolitan Board may amend assessments and. precepts where necessary. Spent. See 32 & 33]7c-2'. c. 102, .s-. 22, andh\ & 52 Vict. c. 41, ss. 3, 40, and. 68.] 14. [Overseers to pay and account for monies to restries and district boards. Rep. 62 & 63 Vict. c. 14, s. 35.] [25 & 26 Vict.] '^^'^ Metropolis yfanaf^monf j-^^^^,^ j^^^.] 311. L -^ Aineiidtneut Act 1802. •- -■ 15. it sliiill l)(' lawful for tlic TMctroitolitiiii Hoard of Works . . . Power to 1 1- .Li. -^1 i^ii Hi. Metropolitan by order m writing-, to reiimrc the vestry clerk, overseer, collector, jjoard, ves- or other person having; the custody or control of any rate for the trii-B. and relief of the poor in any parish or jilace, or of any other rate, or (jf 'ii^'tnct any book containin*:; a copy of any such rate as aforesaid, to furnish, ,iemand to be within sucii j)('riod, not l)einf;^ less than seven days, as shall he furnished limited in such order, a true copy of such rate for the relief of the withcopiesof poor, or other rate, or of such copy thereof as aforesaid, or of such ^^^^^ ra e, e j)art or parts of the same as shall he specified in such order, on jjaynicnt or tender for such ("Opy at the rate of sixpence for every twenty-four names (inclusive of all the particulars in the several columns in the rate, so far as such particulars have reference to such names respectively), and the said copy shall he examined by and signed by such vestry clerk, overseer, collector, or otiier ])erson, and shall be verified by his solemn de(daration, if tiie said Metnj- ])olitan Board . . . shall require the same, which solemn declaration any Justice of the Peace, or commissioner duly authorized, is hereby empowered to administer ; and any person havin'.^ the custody or control of such rate, or copy thereof, who shall refuse or neglect to make and deliver to such JMetropolitan Board, ... or any person by them authorized to receive the same, such copy or extract, or to make such solemn declaration as aforesaid, shall be liable to a penalty not exceeding ten pounds for every such offence, and to a furtiier penalty not exceeding ten ])Ounds for each and every day during which the said offence shall be continued, to be recovered by a summary proceeding. \_Parts omitted (as to vestries and district hoards) rep. 62 & 63 Vict. c. 14, s. 35. See ibid. ss. 4 and 11 ; see also 18 & 19 Vict. c. 120, .s-. 171 and note thereon.'] 16. \_Expenses of vestries in Schedule B. under thiti and recited. Act)<, to be paid by district boards. Rep. 62 & 63 Vict. c. 14, s. 35.] 17. [Recovery of monies assessed by Metropolitan Board on extra- parochial property at determination ofW & 12 Vict. c. 112. Spent.~\ 18. In any proceedings before any .Justice or Justices, by or on One summons behalf of any vestry, district board, overseer, or collector, against ^^^^^^^ '^^^"^^ the occupier or owner of any premises, for the recovery of any rates recovery assessed under the said Acts or this Act which may be in arrear, all of rates", 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 one shilling, and the signature of any Justice or Justices to any such summons may be either in writing or by a stamp affixed as such Justice or Justices may direct. \_See also the Poor Rates Recovery Art 1862.] 19. ... No corporate body or person or ])ersons lending or Parties lend- proiiosinir to lend monev to . . . any vestry or district board, under mi^r money to 1 ^^ • ,.1 ■• 1 » .^1 • » j^ i« 4 .. V . 4- Metropolitan the ])rovisions of the said xVcts or this Act, or ot any Act or Acts loi j^^j^r,! or amending the same, or of any Act or Acts empowering them or vestries or either of them to borrow money, shall be bound to see or obliged to district inquire whether tlie money lent or ])roj)osed to be lent is advanced ^,^^'^^^^^1 ^^ for the purposes of such Acts, nor to see or inquire into tiie applica- inquire into tion of the monev so lent, or any part thereof; nor shall any such application 1 1 ' 111 • 1 i.„ of money, respective body or person or persons be bound or re(|Uirea to regularity ascertain that the board or vestry so borrowing, or the meeting or ofV^ceed- meetings of such l)oard or vestry, was or were properly constituted ings, etc. or convened, or that the proceetlings at any meeting were legal or regular ; and the common seal of every such board or vestry, 312 [Chap. 102.] The Metro])olis Manoqement Amendment Act 1862. [25 & 26 Vict.] Public Loans Commis- sioners authorized to lend money to Jletropo- litan Board, vestries, etc. Power to stop up carriage or foot ways, etc. Power to Metropolitan Board to take lands, for roads, etc. Maintenance of bridges. culverts, etc. Formation and main- tenance of bridges, arches, cul- verts, etc. impressed upon or affixed, pursuant to the order or resolution of sueii Itoard or vestry, to any mortga,o:e, bond, or other instrument which may have been made or granted by the said board or vestry, shall be landing and conclusive on the said board or vestrv bv whom any such mortgage, bond, or other instrument may have been so sealed and executed, and their successors. [Parts omitted {as to Metropolitan Board of Works) rep. 32 & 33 Vict. c. 102, s. 50, and 56 & 57 Vict. r. 54 (S.L.B.).'] 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 execntion 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 any vestry or district board, upon the security of all or any of tlie monies or rates to be assessed or levied by them under the said recited Acts or this Act, and without requiring any farther or other security than a mortgage of such monies or rates, repayable by such instalments, within a period not exceeding thirty years, as shall in each case be agreed upon. [JVote to s. 19 applies.^ 21. It shall be lawful for the said Metropolitan Board, and they are hereby authorized and empowered, during the construction of 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 foot way of nny streets, roads, or ways as shall be necessary for the due execution of the said works. 22. The compulsory powers of taking land given to the said Metropolitan Board by the firstly recited Act, and the " Lands Clauses Consolidation Act, 1845," shall, subject to the conditions and restrictions in the firstly recited Act contained, extend and be applicable to 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 whicli they may require for making roads or ways during the construction of any sewerage works, or for spoil banks or j)laces of deposit of surplus earth or other materials in the execution of any such works. [See is & 10 \lrt. c. 120, s. 152.] 23. [^^otes of the Metropolitan Board exceeding £20,000 to he confirmed at subsequent meetinq. Superseded 51 & 52 Vict. c. 41, s. SO.] 24. When the said Metropolitan Board shall, in exercise of the jjowers conferred upon them, have constructed any bridges, culverts, arches, or passages in connexion with any sewers or works, all such bridges, culverts, arches, and passages shall at all times after the construction thereof l)e maintained at the expense of the said Board. 25. It sliall l)e lawful for the said Metropolitan Board to make and maintain any bridges, arches, culverts, passages, or roads over, under, or ])y the sides of or leading to or from any sewerage works constructed or to l)e constructed by them, which they may deem necessary and convenient for preserving the communications between lands through which the said works may have been or may be made or carried ; provided that it shall be lawful for the said Board to contract and agree with the owners and occupiers of lands to pay them or any of * Kep. and replaced by the Public Works Loans Act 1875. [25 & 20 Vict.] ^^^'' Metrnpoli. f-'^-rrnent j-^^^^, j^^.,^ 3^3 •- -J Amendment Act 1802. ^ -■ them componsatioii in lien of making or raaintaining such hritlges or other works, 26. {^Timr for completion of icorh upecijied in .s. 1 o/ 21 it 22 Vict. c. 11)4, extended. Rep. Wl oard of Works any such ])owers oi- duties without the of that Board. previous consent in writing of the said Metropulitan Board. 29. Under the provisions of the two hundred and eleventh and Orders to be two hundred and twelfth sections of the firstly recited Act, "f^Jge^^^Q^™' empowering the Committee of Appeal of the Metropolitan Board appeals of Works to hear and determine an ap]ieal against any order or act against acts of any vestry or district board, the said committee mav allow or "^ Y^'f*"'^.^ ^ %. %, ? v anfl district dismiss the appeal, or quash or confirm or vary the order appealed boards against. 30. \_Appeal committee empowered to make improvement rates and, issue distress tcarrants for expenses of prirate improvements executed, by the Metro])olitan Commissioners of Seivers. Spent ^ 31. [Repeal of so much of s. 58 of\% & 19 Vict. c. 120 as requires acts of committee to be submitted to board or vestry for approval. Rep. 56 & 57 Vict. c. 54 (S.L.R.).'] 32. Whereas it is in and by the firstly recited Act provided that Comnumi- the Metro})olit;ni Board of Works shall from time to time, in order Jjgtl^een to secure the eiHcient maintenance of the main and general sewerage sewers in of the metropolis, make sucii general or special orders as to them f^i^^frent may seem proper for the guidance, direction, and control of the J^^^ricts and vestries of parishes and district boards in the levels, construction, payment of alteration, maintenance, and cleansing of sewers in their respective compensa- parishes or districts, and for securing the proper connexion and |.'°"'icieratron intercommunication of the sewers of the several parishes and thereof, districts, and their communication with the main sewers vested in the said Metroi)olitan Board, and generally for the guidance, direc- tion, and control of vestries and disti-ict boards in the exercise of their powers and duties in relation to sewerage, and all such onlers •shall be binding upon such vestries and boards : Be it enacted, that whenever the said Metropolitan 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 com- prised in the schedules of the firstly recited Act, having control over the sewers in one parish, district, or part, sliall,for the purpose of outfall or otherwise, be connected with any sewer or sewers vested in the vestry or district board of another parish, tlistrict, or ])art, or other body having control over the sewers in such parish, district, 314 [Chap. lOx!.] The Metropolis Management Amendment Act 18G2, [25 & 26 Vict.] Plan, etc. of works affect- ing railways or canals to be submitted to companies. Line of rail- way not to be altered. or part, it shall be lawful for the vestry, district board, or other body, for the drainage of whose parish, district, or part such con- nexion 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 sliall be specified in the said order of the Metropolitan Board for affectino; 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 otlier body having control over such last-mentioned 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, l)oard, or other body so connecting their sewers with the sewers vested in another vestry, district board, or other body should ])ay such last-mentioned vestry, board, or body any compensation or remuneration, either in one sum or by yearly or other payments, for the use of tlieir sewer, it shall be lawful for the said Metropolitan Board to order and direct payment of such compensation or remuner- ation 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. \^,See 18 & 10 ^'ict. c. 120, s. 138.J 33. [_Begi.dntion.s a.s to breaking up turninke roads. Rep. 56 & 57 Virt. c. 54 {S.L.R.).^ 34. Where any works authorized by this or the recited Acts will interfere with any railway or canal, the board or vestry proposing to construct such works shall before commencing the same give notice in writing of their intention so to do to the company owning such railway or canal, and shall, together with such notice deliver a plan and section showing the nature of such interference ; and if within seven days after the receipt of such notice the company shall by writing, addressed to the board or vestry, object to the manner in which it is intended to interfere with such railway or canal respectively, 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 maimer 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 vestry to alter the level of anv railwav or canal, unless with the consent of the comjmny owning the same respectively, or, it that be 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 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. [_See .s. 72, and 18 & 19 Vict. c. 120, s.$. 60, 135, and 225.] 36. \_I aspect or s of 'cote>i under 18 & 19 Yict. c. 120 to appoint umpire. Hep. 56 & 57 Vict. c. 73, s. 89 {see Appendix).'] [25 & 20 Vict.] '^'^'^ MroroUs Management ^^^^^, j,^o.] 315 •- -J Ameiunaent Act 1«02. •- -■ 37. Everyvcstry . , . constituted under the firstly- recited Act, or \>'^tri(^s ami this Act, may hold tlieir nieetinj^s on such dtiys of the week, except Ij^aHs'^njav Sundays, us they may iVom time to timedetermine, notwithstanding appoint their any provision to the contrary contained in any local Act ; and any days of husiness which, by any local or other Act of rarliament, or custom, '"'^*^t^°&- should he done by any such vi'stry on a certain day, may be done at any meeting of such vestry duly convened for the jiurpose, and held within seven days next before or after such certain day as aforesaid. . . . \_Pai'fs omitted (a.s to hour of meeting^ re/j. ;jO & 57 Viet. ('. 73, a. 31 {tiee Aj)jjeniHx) ; and (cm to district boards) rep. 62 k 63 Vict. c. 14, .s. 35.] 38. {^Certiorari for auditors allowances or dimlloicanct s. Rep. 62 \- ()3 Vict. c. 14, .s. 35.] 39. If anv person be returned to serve in anv vestry for more rrovision in than one ward, he shall on or before the next meeting of the vestrv ^^^o'^a after such election signify in writing to the clerk of such vestry his being re- decision as to the ward which he may desire to represent on such turned for return ; and if before or at such meeting he shall refuse or neglect ™«re than so to do, the vestry shall determine the ward which he shall repre- sent ; and 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 elections to be conducted in the like manner as the annual elections of vestrymen. 40—41. [- Ia to elections of testrymen and dicision of parishes into wards. Rep. 62 & 63 Vict. c. 14, .:>•. 35.] 42. \]^o parish to be annexed without notice. Rep. 57 & 58 Vict. c. 56 {!S.L,R.):\ 43. \^Annual reports of officers of health for parishes and districts. Rep. 54 «& 55 Vict. c. 76, .s. 142. .S'^"^ ibid. 106.] 44. It shall be lawful for the owners or occupiers of any land or Owners ami iiremises in anv parish, district, or iiart within the limits of the f^*^^?^^"^* °^ 1 • 1 /• 1 1 • 1 • 1 » -11 land mav metro})olis us denned by the hrstly-recited Act, with the consent execute" and subject to the regulations and conditions herein-after mentioned, works of to construct sewers at their own expense for the ])urpose of draining 't\^e["y^/^ such land or })remises ; and it shall be lawful for any vestry or expense, district l)oard in whom the sewers in any ])arish, district, or part are vested, if they shall deem it just and proper so to do, to contribute out of the rates under their control ap])licable to the execution of works of sewerage to their costs of any sewers constructed for the jiurpose aforesaid. [»S'(^t' 6'6'. 47 — 51 and 'oX?^ 45. Any vestry or district board intending to construct any sewer Vestries etc. shall, before commencinu' anv works for that puriiose, submit to the t'^ *u^i">t TIT ^ 1-. T» 1 ,. tT'^ 1* 1 /.I 1 • 1-1 plans of new Metropolitan Board ot \\ orks a plan of the street or place in which .^...^ers to it is proj)osed to construct such sewer, drawn to such a convenient Metropolitan scale or scales as the said Metro])olitan Board shall direct, and there Boanl. shall be shown on sucli ])lan the position, course, and dimensions of the proj)osed sewer, with a section or sections thereof, ami 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 ap})roval in writing or contrary to the directions of the said Board. [See is See note to s. 45.] 48. Before any vestry or district board shall sanction the con- struction 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 sanction the construction of any such sewer without the approval in writing of the said Metropolitan Board first had and obtained. [See note to s. 45.] 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 tliat purpose, make written application to the vestry or board of the parish, district, or part in branched into which such sewer shall be situate, accompanied b}^ a plan showing main seweis. g^j^.]^ particulars as may be required by any l^yelaw or resolution of the said Metropolitan Board ; and no such work shall be commenced until the sanction in writing of the said vestry or district board shall have been given. [_See also 53 & 54 ]^ict. c. 66, ss. 4 and 5.] 50. When it shall be desired to abandon either wholly or in part, or to extend, contract, or alter, any design for a sewer previously submitted to and approved by the Metropolitan Board of AVorks, notice in writing of such desire shall be given by the vestry or district board by whom such approval shall have been obtained to the said Metropolitan Board, accompanied by plans and sections showing the nature of the abandonment, extension, con- traction, or alteration desired ; and no such abandonment, extension, contraction, or alteration shall be made without the previous approval in writing of the said Metropolitan Board : and no person other than a vestry or district board shall abandon wholly or in part, or extend, contract, or alter in construction, 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 herein-before directed with respect to new sewers. In case sewer 51. In case any sewer sanctioned and approved by tlie Metro- be not con- politan Board of Works as herein-before provided shall not be in 12 months' co'^'^^i"^^^^^'^^ or executed within twelve calendar months from the fresh applica- date of such Sanction or approval, the works for the construction of tion to be f;^^^.]^ sewer shall not be executed without a fresh permission bv the Metroj^olitau Board, and their written sanction that the necessary Regulations as to aban- donment, alteration, etc. of design for sewers previously approved. r*^5 & '>r; Vict 1 '^''''' MetropoliH Management r., ..^ -, works fur the coiisti-iictioii of sucli .sewer luuy j>roeee(l, to Ih* ujtplieil for and obtain(;(l in manner herein-befcjre jjrovided with respect to the orijiinal permission for the construction of such sewer. 52. Where any sewer shall . . . he constrncted by any vestry Expease of or district Ijoard in or for the drainaf^e of any new street, or q^ ^'^yaatracAmg any house or houses erected since the iirst day of January one ytre|^[^ !ui"^^^ thousand ei^'ht hundred and lifty-six, the; expense of const met in;^^ streets laid such sewer and the works appertaining thereto, inchidinj^ the cost ^^"' •'*''^'^* . . of gullies, side onti-ances, lengths of sewer at the intersection of "'' **"■ ^^''*'' streets, and other incidental chari:es and expenses, shall Ijc borne jiiid defrayed by tiie owners of such street or liouses 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 ])roportions as they may deem just, and the amount ciiar^-ed upon or payable in respect of each house or ])remises shall Ijc payable l)efore the works shall be commenced, during their ])rogress, or after their completion, as the vestry or district board shall in each case deterniine, either in one sum or by instalments, within such period, not exceeding twenty years, as the vestry or district boanl 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 ojjtion of the vestry or board. [ Words omitted (" after the jjassiny of this Act ") rep. 56 it o7 l7cV. r. 54 {S.L.Ii.)?^ 53. Where any sewer shall be constructed by any vestry or district Expense of board in a street in whi(;h pi-eviously to such construction there '^'^°^'^''"*^V°^ had been no sewer, or only an open sewer, l)Ut where sewers rates there hati have been levied previously to such construction, the expense of ^^efore been constructing such sewer and the works aT)])ertaininu- thereto "'^'^' "^'P®" . i 1 '^ ' s G \v G rs including the cost of gullies, side entrances, lengths of sewer at the intersection of streets, and other incidental charges and ex})enses, shall be borne and defrayed in part only by the owners of the houses situate in and of the land boundin;:' and abuttiuEf on such street res])ectively ; and the amount to be borne by such owners shall be determined by the vestry or district board in each ])articular case, and the residue of sucli expenses shall lie defrayctl liy 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 Ijoard upon or in respect of each house or premises siiall be payable, either before 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 ])eriod, not exceed- ing twenty years, as the vestry or boan.1 sliall direct ; and any such sum or instalment shall be recoverable from the j>resent or any future owner of such liouse or j)remises eitiier by action at law or in a summary manner licfore a. Justice of the Peace, at the option of the vestry or board : L'rovided that no street or property in respect of which sewers rates have been levied for live years ])rior to the iirst day of January one thousand eight hundred ami tifty-six shall be subject to be charged under the provision contained in this section. My ^--j-i i.i' i...- 1^1 Laiul may be . in apportioning the cost oi constructing sewers under the cliarired in a })rovisions contained in the two last lueceding sections of this Act li*ss proper- relating to the construction of sewers wholly or partly at the cost J"^" ^^^an of private parties, it shall l)e lawful for any vestry or district board property. 318 [Chap. 102.] The Metropolis Management Amendment Act 1862. [25 & 26 Vict.] Where estimated, expenses exceed actual costs, differ- ence to be refunded by, and where less to be paid to, vestrv, etc. Vestry or dis- trict board raay defray part of ex- pense out of sewer rates. Appeal against orders of vestries, etc. as to amount or apportion- ment of expenses. Execution of •works of sewerage by vestries and ■district boards be- jond the limits of the metropolis. to cliarg'e the owners of land bounding or abutting on any street in a less pro})ortion 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 actual cost of constrncting sewers under the provisions contained in the said two preceding sections of this Act relating to the con- struction of sewers wholly or partly at the cost of private parties, then the difference between such estimated expenses and the actual cost shall be repaid by the vestry or board to the owners of the houses or premises by whom the amount of any such estimated expenses may have been j)aid ; and in any case in which the estimated expenses shall be less than the actual cost of constructing any sewer or sewers under the provisions aforesaid, then the owners of the said houses or premises shall, on demand, pay to the said vestr}' or board such further sum of money as, together with any sums already paid, will make up 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 herein-before 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 deem it reasonable and just so to do, at their discretion to defray, . . . any portion of the expenses of and incident to the construction of sewers under the provisions contained in the said two sections of this Act relating to the construction of sewers wholly or partly at the cost of private parries. \_Part omitted (as to sewers rates^ rep. 62 & 63 Vict. c. 14, s. 35 ; see ibid. s. 10.] 57. Any person wlio may deem himself aggrieved by any order or resolution of any vestry or district board in relation to the expenses of constructing works under the said two sections of this Act relating 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 AVorks against such order or resolution, subject in all respects to the directions and provisions contained in the two hundred and eleventh 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 A{)peal of the Metropolitan Board of Works against orders or acts of vestries or district boards. \_See s. 29, and 18 & 19 Vict. c. 120, ss. 211 and 212.] 58. . . . AVhenever it shall be found necessary by the vestry of any parisli mentioned in Schedule A. to the said Act, or by the board of works of anv district mentioned in Schedule B. to the said Act, for the purpose of executing works for any of the purposes men- tioned in the said section, to carry any sewer or work beyond 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 commenced or executed within their respective parish or district; nor shall any such works be performed or commenced without the consent in writing of the Metropolitan ro5 <«' ofi Vtpt 1 The Metropolis Management .^ ,^o-i 319 L^O&^bViCT.j Amendment Act 1802. I>hap. i«>..j .n^ Board of Works for that piir])ose first iiad and obtained, nor without the consent of the vestry or district board, or anthoiiries of the parish or jihice fhroufi^h which the work may ])ass ; but if any such vestry or district board or antliority sliall refuse such consent, one of Her Majesty's (Miief Secn.'taries of State shall have authority under this Act to decide whether sucii consent ought to be withheld, and such Secretary of State Tuay make such Order as to hira sliall 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 : Provideil also, that no new sewer, either within or Proviso, beyond the limits of the metro])olis, shall be made or executed Ijy any vestry, district board, or other liody having control over sewers within the metro|)olis without the ])revious a])j)roval of the said Metroi)olitan ]5oard. \_Fart omitted {rerital of \x Sc H* I'/rt. c. 120, .V. fli)) re/K oC) & 57 Vict. c. 54 (S.L.Ii.).'] 59. Tlie ])rovisions contained in the eightieth section of the Contribution firstly-recited Act, empowering vestries and district boards to ^^'^^'''gj^ygj.g order, iit their discretion, under the circumstances therein men- and sewers tioned, such sums as they shall deem just to be paid and contributed ijuilt since by the owners of houses towards the expense of the constructioa Insc^or"'^'^ of sewers into which drains from such houses shall be made or hereafter to branched, shall be extended, and the same are hereby extended and be built, made a])plicable to the Metropolitan Board of ^^'orks with respect to houses draining into main sewers constructed at the expense of any person or body other than any commissioners of sewers, and which are vested in the Metroi)olitan Board : aud the same provisions are hereby extended aud made a])plicable to all sewers within the limits of the metropolis as defined bv the firstlv-recited Act, built since the first day of January one thousand eight hundred and fifty-six, or which may hereafter be built at the expense of any jierson or body other than the Metropolitau 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 ])ranched ; 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 five pounds 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 contribu- tion to the construction of sewers shall be recoverable from the present or any future owner 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 contaitu'd shall prejudice or alYect the right of vestries and district boards to demand and recover from the owners of houses and land the sums charged uj)on them by such vestry and district boards respectively under the j)rovisions containetl in this Act. \_See ss. 52 am/ 53.] 60. In all cases in which time shall be given by the ^letropolitau Where time Board of Works, or by any vestry, district board, or other ^'"*^y '■!^f^^'''°/^f for the payment of any contribution to the cost of a sewer as afore- cont'ributi^on, said, the Metropolitan Board of Works shall keep a register oftheMelro- 320 [Chap. 102.] The Metropolis Management Amendment Act 1862. [25 & 26 Vict.] politan Board shall keep a reeister. Eegulations respecting openings into sewers. Extension of time under sect. 76 of 18 & 19 Vict. c. 120. for making orders by vestries and district boards. all snch 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 inspection 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 forthwith 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. . . . 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 vestrv, or authorized to be made bv 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 : 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; and in case any person, without the consent of the said Metropolitan 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 jicrson make or branch, or cause to be made or branched, any drain of a difierent construction, size, material, or other conditions, or in another manner or form of communication than shall be directed or appointed by such Board or vestry, every person so ofiending shall for every such oftence forfeit a sum not exceeding fifty pounds ; and the Board or vestry may cut off the connexion between such drain and their sewer, or if thev 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 recovered either by action at law or in a summary manner before a Justice of the Peace, at the option of the Board or vestry. \_See s. 59, and 18 & 19 Vict. c. 120, s. 80. Fa/t omitted (/■t'jjeal of fs. 77 of 18 & 19 Vict, c. 120), rep. 56 & 57 Vict. c. 54 (S.LJL).'] 62. {_As to underground rooms occupied as dwellings. Rep, 54 k 55 Vict. c. 76, s. 142. See ibid. ss. 96 and 97.] 63. Whereas by the seventy-sixth section of the firstly-recited Act it is provided that the vestry or district board shall make their order in relation to the matters therein referred to, and cause the same to be notified to the person from whom the notice mentioned in the said section was received within seven days after the receipt of such notice, and it is expedient that the time for making such order should be extended : Be it therefore enacted, that where any notice shall have been given to any vestry or district board jiursuant to the said section, it shall he lawful for the surveyor of such vestry or board, if he sliall deem it necessary and proper so to do, witliia three days after the receipt of such notice by the vestry or district board, by writing under bis hand directed to an«l served upon the j)erson ;i"iving such notice, to reqnire that the ])iiildini^ or works referred to therein shall not be proceeded witii until alter the then next meeting of the said vestry or district board, and until their directions in reference therfto shall have been notified to such person, provided that the order of the said vestry or district board shall be made and notified to the said jierson at the latest within fifteen days after the receipt of such notice by the vestry or district board ; and in case any person shall j)roceed with any building or works contrary to this enactment he shall forfeit and pay to the vestry or district board a sum not exceeding five jiounds, and also a furtlier sum of forty shillings for every day 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-sixth, where par- . . . eighty-fifth, . . . sections of the firstly-recited Act certain J^^^rv^out works, matters, and things are required to be constructed, made, or works pursu- executed on the requisition of vestries and district boards by the ^nt to order owners or occuj)iers of the premises therein referred to; and in case vestry m'ay^^ any such owner or occupier refuse or neglect to commence, proceed recover with, or complete the same, as the case mav be, the vestrv or penaltv or do district board are authorized to perform and execute such works, wortcs. matters, and things, and recover the costs incurred thereby in manner therein provided : Be it enacted, that in case of any such neglect or 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 sliall forfeit and pay to the vestry or district board a sum not exceeding five pounds, and also a further sum not exceeding fortv sliillinp-s for every dav during:: whic^h 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 i)roceed 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 exjienses of the works. \_\Vor(1s omitted {^^ eightij-Jirst'''' and " and. fif/ht //-sixth ") n'p. 54 it 55 \'ict. c. 7(3, ^s-. 142 ('/.'.'.).] 65. The penalties declared by the lirstly-recited xVct in the case j'^f 1*^^^,?° of persons committing the otiences mentioned therein are hereby c. 120. ex- extended and made a])plicable to all jjcrsons causing the com- tounds, for each day after notice thereof from the Metropolitan Board of Works, or from the vestry or district board, to be recovered by action at law or before any Justice of the Peace, by a summary proceeding, at the option of the Board or vestry ; Pro\ided 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 con- structed, but so, nevertheless, that such buildings or works shall not injure or obstruct the said sewer or drain. \_See 18 & 19 Vict, c. 120, s. 83 and note thereon., and s. 204.] 69. Any person who shall take up, remove, demolish, or other- wise interfere with any sewer or part of a sewer vested in the Metropolitan Board of Works, or in any vestry or district board, 125 & 20 Vict.] The Metropolis Manarjernent •- -J Amendment Act 1802. ■- -• witliont thf previous porraission in writinf]^ of snch board or vestry, or who sluill wilfnllv (lainuiike of Jiedjo/(/ for making up certain roads and footways on that estate to be added to the debt on, St. Pancras parish. Spent. See the St. Pancra^s Loans Acts 1879 and 1887.] 80. . . . No street not bein^r an higliway shall be repaired '''■o^i'^^ *o as in the said section mentioned, unless notice be o:iven to the ^^^^ ^y y^^.^ owners and rated occu])iers of the houses in such street respectively; c. 120 and service of any such notice may be effected by leaviui; the same repealed, at the several houses in such street, or where any of the said Notice of houses shall be unoccupied, by alFixint^ the same upon the outer ''^*^"*"''!^ ^^ door or some conspicuous part of such houses ; and provided further, not being ' that no such street shall be repaired as in the said section men- a highway. tioned if within one luonth 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 iu the said street, shall be given to the vestry or district board. \Part omitted, {repeal of prori.w to s. 106 of 18 k 19 Vict. c. 120) rep. 56 k 57 Vict. c. 54 {S.L.R.). See also s. llO, and 18 & 19 Vict. c. 120, s. 221.] 81. In any case of default by the owner of any court, passage, Where or public place, not being a thoroughfare, to comply with the °'^^'^*:^^ °^ requisition of any vestry or district board to perform works of omit to drain paving or draining of the nature described in the one hundredth and pave, section of tlie firstly-recited Act, it shall be lawful for the ^'^'^^^^' ^wrf Aboard or board, should they see fit, in lieu of enforcing the penalty therein may perform mentioned to execute and perform such works, and recover the the works, expenses tliereof from the owner either by action at law or in a ^'^^'^^"^ sumnuiry manner before a Justice, at the option of the vestry or owner, board. 82. In every case in which any company or person shall be liable Reinstate- under the firstly-recited Act to reinstate the pavement, surface, or ™^|Jj bro^Tn' soil of any street under the control of any vestry or district board uii by works which may have been broken uj) or oj)ened, or to repay to such I'f companies 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 exj)enses of reinstating the i)avement, surface, or soil of such parts of the street as shall have been so broken up or opened, as well as of the i)art or parts contiguous thereto which may be affected by the works of such com})any or j)erson, to the reasonable satisfaction of the surveyor for the time being of the vestry or district having control over the pavements in sucii })arish or district. [6'('(' 18 »fc 19 Vict, c. 120, *^6\ 109 — 115, and notes thereo7i.~\ 83. The Metropolitan Board of Works may, iu order to secure Metropolitan the efficient maintenance of the main and general sewerage of the Board may ° ° make bye- * IJepealed bv the St. Pancras Order in Council li>01, made under 62 & G3 laws for Vict. c. U. ■ 326 guidance of vestries, etc. in construc- tion of sewers. [Chap. 102.] The Metropolis Management Amendment Act 1862. [25 & 26 Vict.] Vestries, etc. may stop up streets during execution of works. Metropolitan Board may place road- way, foot- paths, etc. in different parishes or districts under man- agement of one vestry or district board. Persons omitting to give notice required by section 76 of 18 & 19 Vict. 0. 120. liable to penalty. metropolis, from time to time make, alter, and repeal b3'elaws for the guidance, direction, and control of the vestries of parishes in Schedule A. to the firstly-recited Act, district boards, and all other persons, in relation to the levels, dimensions, construction, main- tenance, ventilation, and cleansing of sewers in their respective parishes, districts, or parts, and for the other objects enumerated in the one hundred and thirty-eighth section of the firstly-recited Act, subject in all respects to the several provisions relating to byelaws 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. {See 18 & 19 Vict. c. 120, s. 138, and 62 & 63 Vict, c. 15, s. 3.] 84. It shall be lawful for any vestry or district board ... to close or stop up any street within their parish or district during the execution of any paving, sewerage, or other works by such vestry or board in such street, and to keej^ the same closed and stopped up for such time as shall be necessary in that behalf . . . {See also s. 21. Parts omitted (as to sanction of the Metropolitan Board of Works to such stopping ujj) rep. 62 & 63 Vict. c. 14, s. 35.] 85. {Height of huildings. Rep. 57 & 58 Vict. c. ccxiii. s. 215. See ibid. s. 47.] 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, p)aviug, 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 i)avang or making up or lighting of the roadway or footpaths thereof, and the repair and maintenance of such roadway or footpaths, 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. {See 18 & 19 Vict. c. 120, ss. 140 and 160.] 87. {Naming of streets. Rep. 67 & oS Vict, c.ccxiu. s. 215. See ibid. ss. 32—36.] 88. If any jierson 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 j)arish mentioned in Schedule A. of the said Act, or any district in Schedule B. of the said Act, or to make anj' drain for the purpose of draining either directly or indirectly into any sewer under the juris- diction of the vestry or board of such parish or district, he shall [25 & 26 Vict.] The Metropolis Mana^ment j-^,^^^,_ j,^^ -, 337 •- -J Amendment Act 1802. •- -■ become lial)Ie to a penalty for every sncli offence not exceeding five ])onn(ls, and to a (;ontinuinj^ j)eiialty of forty shilling.s for each and every day during wJiich lie shall omit to give the notice directed by the said Act. 89. [ Wrotiqfal collection of aahes, etc. Rep. 54 & 55 Vict. c. 76, .v. 14-J. ,Scc ih'id. .s. 34.] 90. Every ])erson who shall affix or canse to be affixed any bill, Penalties for notice, or j)a})er against, or deface or disfigure any street post, I'l'^^p on kufp post, pumj), or building vested in any board or v(!8try, or who shall posts, notice remove, deface, or injure any notice board ])laced or set up by order boards, etc. of any board or vestry, or who shall ])ull down, obliterate, or deface any notice set u]) or alHxcd by order of any board or vestry shall for every such offence forfeit a sum not exceeding forty shillings, to be recovered before a Justice by a summary proceeding. [_See also 2 & 3 Vict. tf. 47, 6-. 54 (10).] 91. '[h'eejjitig swine in improper situations. Tlcp. 54 & 55 Vict, c. 7(), s. 142. See ibid. ss. 17 and 18.] 92. [lie peal of s. 131 ^/ 18 & 19 Vict. c. 120, and s. 35 0/ the Metropolitan Cattle Market Act 1857. Rep. 38 k 30 Vict. c. 60 {S.L.R.).'] 93 — 95. \_Lice7ising of cowhouses — Removal of manure. Rep. 54 & 55 Vict. c. 76, 6'. 142. See ibid. ss. 20, 35, and 36.] 96. . . . It shall be lawful for any vestry or district board, at Vestry or their discretion, to require the pavment of anv costs or expenses •^^^stnct board 1 • I i.1 c ■ 1 r uf i 1 *i may require which the owner of any ])remises may be liable to pay under the payment of said recited Act or this Act either iVom the owner or from any costs or ex - person who then or at any time thereafter occupies such jtremises, P<5"ses from and such owner or occu])ier shall be liable to pay the same, and the occupier, and same shall ])e recovered in maimer authorized by the recited Act occupier pay- and tills Act ; and the owner shall allow such occupier to deduct ^^jj^'^j.^^^j'^"''* the sums of money which he so ])ays out of the rent from time to time becoming due in respect of the said ])remises as if the same had been actually paid to such owner as part of such rent : Pntvided always, that no such occui)ier shall be re([uired to pay any further sum than the amount of rent for the time being due from him, or which, after such demand of suc-h 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 exj)enses, becomes payable by such occu])ier, unless he refuse, on application lieing 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 ])ayable, but tiie burden of proof that the sum demanded from any such occu})ier 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 Apocments nothing herein contained shall be taken to affect any contract "^'^*1^ [j^nXrd and or to be made between any owner and occupier of any house, buiUling, tenant not to or other property, whereof it is or may be agreed tluit the occupier be affected. shall pay and discharge all rates, dues, and sums of money payable in resi)ect of such house, building, or other projierty, or to effect any contract whatsoever between landlord and tenant. \_Rart omitted {repeal of ss. 217, 218, and 2lU of l8 .^ 10 Vict. c. 120) rep. 56 & 57 Vict. c. 54 (S.L.R.). See also 54 & 55 Vict. c. 76, s. 121 ; and 57 k 58 Vict. c. ccxiii. s. 173.] 328 Deduction by owTiers paying rent where amount of expenses deducted from rent paid to bim. [Chap. 102.] The, Metropolis Management Amendment Act 1862. [25 & 26 Vict.] Power to vestries, etc. to borrow moneys for the improve- ment of streets. Penalties may be recovered in manner provided bv 11 & 12 Vict. c. 43. 97. If the owner or landlord of any premises from whose rent any amount shall he deducted in respect of any costs, charges, or expenses payable nnder the firstly-recited Act or this Act shall hold the premises in respect of which the amount of such costs, charges, or expenses shall he 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 paya])le by him to his superior landlord ; and if he holds at a rent less than the rack- rent, he shall be entitled to deduct from the rent so payable by him a sum l)earing 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 rackrent ; and if the owner or landlord from whose rent any deduction be made under 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 unexpired, but not other- wise, he may deduct from the rent so payable by him a sum bearing the same proportion 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 res])ect 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 unexpired as aforesaid : Provided always, that nothing herein contained shall be construed to entitle any j)erson to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him : 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 and discharge all rates, dues, and sums of money payable in respect of such iiouse, building, or other property, or to affect any contract whatsoever between landlord and tenant. \_See also 54 & 55 Vict, c. 70, s. 121 ; and 57 & 58 Vict. c. ccxiii. s. 173.] 98-99. \_Wi(Wi of streets. Rep. 57 & 58 Vict. c. ccxiii. s. 215. See ibid. ,ss. 6—21.]' 100. It shall be lawful for every vestry and district board mentioned in clause one hundred and eighty-three of the first-recited Act to exercise the power to borrow moneys therein mentioned, with the sanction of tlie Metropolitan Board of Works granted under their common seal, for the purpose of enabling suchivestry or district board to make, extend, widen, alter, or improve any street, road, or way, for facilitating the passage and traffic within the parish or district for which such vestry or district board is appointed, or for the purjjose of contributing to and of joining with the Metropolitan Board or with any other board or j)ersons in any such improvement. 101. \Inspectors of tveights and measures. Rep. by the Weights and Measures Act 1878, s. 86. See ibid. s. 55.] 102. Every jjenalty or forfeiture imposed by this Act, and made recoverable by a summary proceeding, may be recovered before any Justice of the Peace, in manner provided by the Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter forty-three. 103. [Expenses of obtaining Act. {S.L.R.).'\ Rep. 38 & 39 Vict. c. m [25 & 26 Vict.] ^'''"' ^f^'^J'^'^ '/^'^f'^'^^ [Chap. 1 02.] 329 •- -J Aim- ml maid Act Jn'j2, ^ j 104. Tlie provision in the two Imnflrod and twcnfy-soventh section Provision as of the firstly-recited Act tor the ix-covei-y oi" penalties and torfeitnres un,ye"2''7th imposed hy the said Act is herel)y exteinh-d to any damages, costs, st-ction of or expenses j)ayable or recoveiaMc iiikIci' the said recited Acts or tliis i^^ in Vict. Act ; and any such damages, costs, or exi)euses, the recovery where- extended to oi" is not otherwiso provided for, may be recovered by summary damages, etc. ])roc,('edings in manner directed by the said section. 105. . . . All penalties or forfeitures pavable or recoverable under Application the iirstly-recited Act or this Act, . . . 'shall go and be paid in °^ Penalties, manner herein-after mentioned, anything contained in an Act made and ])asscd in the session holden in the second and third years of the reign of Her })resent Majesty, chapter seventy-one, or in any other Act or Acts to the contrarv notwithstanding ; that is to sav, one lialt" shall go to the iuformei', and the remainder shall go to the vestry or district l)oard of the jiarish or district in which the offence was committed, or to the Metro])olitan Jjoard of W(jrks, in case the injury shall have been sustained by or the otience committed in res])ect of that Board ; or if such vestry or district board or the Mctr()])olitau Board of Works be the informers, then the whole of the penalty recovered shall go to them resjx'ctively, and all sums "which shall go to or be recovered by any board or vestry on account of any ])ciuilty or forfeiture shall be paid to their treasurer or into such bank to their account as they may direct, and shall be a])j)licable towards the general expenses of such board or vestry ; provided that in everv case where anv board or vestrv are liable to any penalty or forfeiture, the whole of such penalty or forfeiture shall go to the informer. \_Parts omitted {repeal of s. 234 of \S &, 19 Vict. c. 120 and as to penalties under the A^nisances I-iemoval Act 1855 *) rep. 56 & 57 Vict. c. 54 (S.L.B.) and 54 & 55 Vict. c. 76, s. 142. See 2 & 3 Vict. c. 71, s. 34.] 106. [JVotice of action, etc. Rep. 56 & 57 Vict. s. 61 ((j.v.). See Appendix.^ 107. . . . No person shall be liable for the payment of any Penalties to })enalty or forfeiture under the recited Acts or this Act, or any bye- [|^r wTt*hhf^^ law made by virtue thereof, for any oiFi-nce made cognizable before gjx months, a Justice, unless the com})laint res2)ecting such offence have been made before such Justice within six months next after the commission or discovery of such offence. \^Part omitted (repeal of s. 233 o/ 18 & 19 Vict. c. 120) rep. 56 & 57 Vict. c. 54 (S.L.B.).'] 108. [_Act not to ajt]d>/ to things done before its passing. licp. 56 S'.Z.J?.).] 114. \_Payment of auditoris. Rep. in 'part 38 & 39 Vict. c. 66 {S.L.R.). Rernr. superseded 51 & 52 Vict. c. 41, s. 71 (3).] 115. [^Transfer of poicers of committee of management under 10 Geo. 4, c. lxviii.,t respecting the parish of Saint PomI, Cozent Garden, to the cestry of tha.t parish. Spent.'] 116. \_Sacing the rights of the Crown and the Duchy of Lancaster.'] 117. \_Sa'cing the rights of the Crown in respect of the Duchy of Cornwall?^ SCHEDULES to which this Act refers. Schedule A. SJAst of certain securities and liabilities of Metro- jjolitan Commissioners of Sewers. Rep. 56 & 57 Vict. c. 54 {S.L.R.)J] Schedule B. \_A'ppjortionment of debt on loan from the Clergy Mutual Assurance Society. SpentT] Schedule C. \Form of assessment. Spent. See 32 & 33 Vict. c. 102, s. 22. Forms of precepjt, rep. 62 & 63 Vict. c. 14, s. 35.] * See Appendix. j Rep. by the ^Vestminste^ Order in Council 1901 , made under 62 & 63 Vict. c. 14. [26 & 27 Vict.] The Metropolis ImproKement Act 1803. [CHAr. 45.] 331 26 & 27 VICTORIA. A.D. 1863. CHAriEU 45. An Act for jiaking a new 8treet from liLACKFJUAits to the Mansion House in the City of London in connexion with the Embankment of the River Thames on the Northern Side of that Kiver ; and for other Ti'ri'oses. [13M Jal>/ 1803.] \Preamhle recites 24 & 25 Vict. c. 42,* and that under 25 k 20 Vict. c. 03, the Metropolitan Board of Works {in this Act called the JJoard/f) were authorized to make the embanhment therein mentioned^ and, the deposit of plans showing the intended new street and works tvith the Clerk of the Peace for the City of London.'] Works. 1. The Board may, in the situation and line, and according to the Power to levels, and within the limits of deviation, and on the lands, defined ^"''''^ ^^ in the deposited plans, sections, and book of reference, make the street. ^^ street herein-after described ; namel}', — A street commencing in the precincts of Whitefriars and Bride- well, and parishes of Saint Bridget otherwise Saint Bride, and Saint Ann Blackfriars, or some or one of tliem, in the city of London, in or out of New Bridge Street, at or near the j)orti()n of New Bridge Street called Chiitham I'luee, and terminating in the parishes of Saint Mary "Woolchurch Haw and Saint Mildred Poultry, or one of them, in the city of London, at or in tlie streets called the Poultry, ^Mansion House Street, and C'liarlotte Bow, in the city of Loudon, at or near the ]\Iansion House : which is herein-after referred to as the new street, 2. \_As to works connected with the new street. Spent.'] 3. The Board shall widen the street called Bennett's Hill, so that As to widen the same may, at its junction with the new street, and to the extent Ij^,^®"?^*^^ of the pro])erty ])urc]iased by the Board abutting on Bennett's Hill, Queen Street, be of tlio width of thirty-five feet at the least ; and the Board shall cheapside. also widen the street called Queen Street, Cheapside, so that such street may, to the extent of the property purchased by the Board abutting on that street, be of the width of fiftv feet at the least. 4 — 8. [Power to deviate — Prorision as to concurrent poiccrs of purchase of lands — As to junctioiL between the new street and the approach to Seiv Blackfriars Bridge authorized by the Blackfriars Bridge Act 1863 — Alteration of gas and ivater pipes. Spent.'] 9. The Board may make under the new street an arched passage Power to or covered way, herein-after called the sub-way, for sui-li jnirposes make subway, as they tliink fit, with all communications, works, and things ni'ces- sary or proper for the convenient use thereof ; and the same sub-way, communications, works, and things shall be deemed part of the works authorized by this Act, and the same shall (notwithstanding anything herein contained) belong to and be vested in the P)Oard, and shall be maintained antl repaired by tlie Boanl in manner provided * Kep. 55 & 51) Vict. c. 19 (S.L.K.). t Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). 332 [Chap, 45.] The Metropolis Improvement Act 1863. [26 & 27 Vict.] Sections 32 to 38 of 25 & 26 Vict. c. 93 incor- porated. by section twenty-two of the Emliankment Act of 1862, respecting the embankment therein mentioned ; and the Board may permit the use of the sub-way for the purpose of the laying down of gas or water pipes, or telegraphic wires, or for any other like works or purpose, on such terms and conditions and for such period as the Board and any company or person may mutually agree ; and the Board may sell, convey, or demise any right to any company or person for any of the purposes aforesaid, and may make such stipulations for preventing injury to the adjoining property, and for the security of the public, as the Board think proper, and may agree to refer to arbitration any matter in difference under the present provision. \_See also 56 & 57 Vict. c. ccii.] 10. [Poiver to the Board to lay out footways. Spent.'] 11. \_Ground laid into new street to form part tliereof and to he under the care of the Commissioners of Sewers for the City ofLondon*~\ 12—19. \_Power to take lands — Incorporation of Lands Clauses Acts — Incorporation of ss. 23, 24, and 40 of 25 & 26 Vict. c. 93 — Power to purchase and extinguislt easements — Interference with seivers — Custody and. inspection of depjosited plans till completion of works — Time for compulsory purchase limited to five years — For pjrotection of the Equitable Assurance Compxiny, the Principal Pro- bate Registry, and the Probate Court. Spent7\ 20. There shall be incorporated with this Act sections thirty-two to thirty-eight (both inclusive) of the Embankment Act of 1862 (relating to leases and sales of land by the Board, and to the application of money arising therefrom, and to matters connected therewith respectively) ; and for this purj^ose the term "this Act" and terms of reference thereto, used in any of the sections last enumerated, shall be taken to mean or refer to the present Act. \IIep. (so far as relates to incorj^oration of s. 27) 32 & 33 Vict, c. 1U2, s. 50 ; a7id see notes on sections incorporated.] 21. Before the Board sell any superfluous lands adjoining any lands required p^^ijijc street under the control of the Commissioners of Sewers,* the side streets Board shall give notice to such Commissioners, and such Commis- sioners may within two months after such notice rec|uire the Board to sell to them such quantity of land as may be necessary for widening any such street to a width not exceeding thirty-five feet ; and the provisions of the thirty-fifth section of the Embankment Act of 1862, shall not extend to any such lands in respect of which such requisition may be made by the said Commissioners, and the price shall in case of dis])ute be settled in manner jjrovided by the thirtv-sixth section of such Act. \_See tlie City of London Seivers Act 1897.] Money. 22—23. \_Financial provisions. Rep. 32 & 33 Vict. c. 102, s. 50.] Miscellaneous. 24 — 25. [^.s- to compensation. Spent.] , 26. There shall be incorporated with this Act sections fifty, fifty- one, and fifty-two of the Embankment Act of 1862 (relating to the application of penalties, and to actions, and to matters connected therewith respectively) ; and for this purpose the term " this Act," * See the City of London Sewers Act 1897. As to certain Sections 50 to 52 of 25 & 26 Vict, c. 9.3. incor- porated. [26 & 27 Vict.] The Thames Embankment Act 1803. [Chap. 75.] 333 and terms oi' reference thereto, used in any of the sections last ennmerated, sliall be taken to mean or refer to the present Act. \_See notes on sections incorporated.'] 27. The I'oard sliall have ami may exercise, for and in the Extension to execntion of this Act, all such ])o\v(;rs, privilege's, ami authorities as t*"8 Act of are conferred on the Board i)y the Acts constitutiu;jr and regulating po"fJ^g of the Board (save that the Board shall not apply any money raised Board, under those Acts in or towards the construction or execution of any work authorized by this Act), and, as far as may be, the provisions of those Acts shall ajjply for the jjurposes and in the execution of this Act. . . . [l\(/-t omitted {incorporation of s. 7 of 'Z-) k. ~iO \'ict. c. 93) superseded. See note on that section.'] 28. [Saving the rights of the Com?nissioners of Sewers* of the City of London.] 29. This Act may be cited as " The Metroi)olis Improvement Act, Short title. 1863." 30. [Expenses of obtaining and executing Act. Spent in part. Rcmr. superseded J31 k 52 Vict. c. 41.] CHAPTER 75. An Act for the Embankment of Part of the River Thames, ON THE South Side thereof, in the Parish of Saint IMary Lambeth, and for other Purposes. [28M Jul;/ 1863.] [Preamble recites 24 & 25 I let. c. 42,t and that under 25 & 26 1 'ict. c. 93, and 26 & 27 Vict. c. 45, the Metropolitan Board of ^Vorks {in this Act called the Board-^^ were authorized to make certain embank- ments therein mentioned, and that plans sections and book of reference of new works had been deposited, with the Clerk of the Peace for Surrey.] Works. 1. The Board may, in the situations and lines, and according to the Power to levels, and within the limits of deviation, and on the lands, defined make works in the deposited plans, sections, and book of reference, make and de^'^s^t^d *** execute the embankment and works herein-after described ; namelv, plans. (1.) An enlargement of the bed of the liiver Thames, by an Works excavation of the land, and removal of the wharf walls authorized, and premises from or near Gunhouse Alley near to the Loudon Gasworks to or near Broad Street, all in the jiarish of Saint iMary Lambeth : (2.) An embankment on the right bank of the Thames in the parish of Saint Mary Lambeth, commencing at or near Gunhouse Alley, and ending at Westminster Bridge : (3.) A new street, to be wholly situate in tlie ]»arish of Saint Marv Lambeth, from ralace New Koad to Bishop's Walk : (4.) The widening of Palace New Koail within the limits of devia- tion in continuation of such last-mentioned street : (5.) A new street, to be wholly situate in the parish of Saint Mary Lambeth, commencing in and out of the roadway on the * See the City of London Sewers Act 1807. t Rep. 55 &: 56 Vict. c. l'.* (S.L.K.). t Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). 334 [Chap. 75.] The Thames Embankment Act 1863. [26 & 27 Yict.] Public foot- way along the embank- ment. Power to Board to construct or provide barge beds, etc. Sections 16, 19, 20. 21, and 22 of 25 & 26 Vict, c. 93 incor- porated. Ground laid open into streets to form part thereof. before-mentioned intended embankment, and terminating at or near Yauxhall Row : (6.) The reclaiming or inclosing of a portion of the bed or fore- shore of the River Thames. 2. The Board shall lay ont and maintain a public footway of not less than twenty feet in width on and along the said embankment from Westminster Bridge to the point where the intended street to Yauxhall Row diverges from the embankment roadway. 3. \_As to auxiliary' works. Spent.'] 4. For the purpose of diminishing so far as practicable incon- venience to the wharfingers, warehousemen, and others having wharfs or premises on the line of the embankment, or having rights of way, easements, or other access to the river, the Board may construct or provide, and afterwards maintain, alter, or improve, all such barge beds, receptacles, recesses, cuts, and basins, and all such other conveniences for loading and unloading goods from barges, lighters, and boats, with entrances or passages or means of access to and from the Thames under the embankment, and all such slips, hards, landing j)laces, jetties, wharves, yards, approaches, and other conveniences and works connected therewith, as the Board may think proper, for the accommodation and use of wharfingers, ware- housemen, and other persons carrying on trade or business in the neighbourhood of the Embankment, and may set apart and appro- priate for the purposes of the present section any land acquired or reclaimed by the Board under this Act, and may enter into and carry into effect such agreements as the Board thinks fit with any wharfingers, warehousemen, and other persons with reference to the construction, providing, maintenance, alteration, improvement, or use of anv such work or convenience as aforesaid. 5. [Power to deviate. Spent.] 6 — 7. [For protection of the La/mbetk Bridge Company. Spent ; see 40 k 41 Vict. c. xcix.] 8. [Maintenance of existing dra.w docks at Broaxl Street o/nd Ferry Street. Rep. 31 & 32 Yict. c. cxi. s. 17.] 9. There shall be incorporated with this Act sections sixteen, nineteen, twenty, twenty-one, and twenty-two of the Embankment Act of 1862 ('relating to the raising of materials from the bed of the Thames, and to the approval of plans and elevations by the Conservators, and to the exhibition of lights during the construction of the works, and to the substitution of piers and other conveniences, and to the maintenance and repair of the embankment, and to matters connected therewith respectively) ; and for this purpose the respective terms " this Act " and " the said embankment," and terms of reference thereto respectively, used in any of the sections last enumerated, shall be taken to mean or refer to the present Act and the Embankment by the present Act authorized. [jSpent as regards incorporation of ss. 16, 19 aMd 20. See notes on sections incorporated.] 10 — 13. [Power to take places for depositing malerials — As to a/prprocad of certain works by the Boa.rd of Trade — Alteration of qas and other pipes — Power to set oat footways. Spent.] 14. When the roadway, new streets, and approaches aforesaid respectively are completed, of which completion a certificate signed by the chairman of the Board, and delivered to the Clerk of the [26 & 27 Vict.] The Thame.s Embankment Act IHCt-i. [Chap. 75.] 335 Peace for the County of Surrey,* Khull be for all purposes eonclnsive evidence, all tlio <;roun(l laitl ojien into the same respectively shall be deemed to form part thereof respectively, and may be nsed by the public accordingly ; and thenceforth the same roadway, new streets, Streets to be and ap])roafiies, with the sole power, autlioritv, and dutv of paviuir, ""'^'^'' "^^r repuinii;!;-, cieansuig, li<,dituiji;, and watching the same, and of rating vestries, etc. hereditaments within the same respe(;tively, shall be under the care, management, control, and jurisdiction of the same vestries, board, iee also 30 k ?>\^Viet. c. G, .s. 60.] 5. Where no adequate accommodation exists, the guardians Guardians to shall provide within their respective unions or parishes such wards P^o^^^e pro- or other places of reception for destitute wayfarers and foundlings wards. as the Poor Law Board,! having regard to the number of ])ersons likely to require relief therein respectively, shall direct. In default of making such provision, and until the same has been made, the Guardians of the union or parish so making default shall not be entitled to the benefit of this Act. \_See also 34 & 3o Vict. r. lo8, s. 9.] 6. \^Act not to apphi to expenditure for relief after Lady iJat/ 18G5. Rep. 28 & 29 Vict. c. 34. 6\ L] 7. The several words used in this Act shall be construed as in the Interpreta- Act of the fourth and fifth William the Fourth, chai)ter seventy-six, J t>«D of words. and the subsequent Acts explaining and extending the same, and the provisions thereof not inconsistent with anything herein contained shall be incorporated herewith. 8. This Act mav be cited for all purposes as the " Metropolitan «5hort title. Houseless Poor Act, 1864." * This Act was extended and made perpetual by 28 k, 29 Vict. c. 34. f Now the Local Government Board. See the Local Government Board Act ISTI. \ I.e. the Poor Law Ameodmeut Act 1^>34. 338 [Chap, iv.] The Soiithwark Park Act 1864. [27 & 28 Tier.] Short title. Interpreta- tion of terms. CHAPTER IV. An Act to enable the Metbopolitax Board of Works to provide A public Park fob the South-eastern Districts of the ]Metropolis, to be called kSolthwark Park. [28M Apnl 1864.J \_Prea7nbl€.~\ 1. [Incorporation of Lands Clauses Arts. Spent.'} 2. In citing this Act for any purpose it shall be sufficient to use the expression '■ The South wark Park Act, 1864." 3. In this Act the following words and expressions have the several meanings hereby assigned to them, unless there be some- thing in the subject or context repugnant to such construction : (that is to say.) The word " streets "' includes streets, courts, or allevs. hisrhwavs. lanes, roads, thoroughfares, or public passages or places : The expression " the park " means the park and the lands, lodges, buildings, roads, and communications acquired and made or erected by the Board for the purposes of the park : The expression " the Board "' means the Metropolitan Board of Works :* Power to form and maintain the park. Power to lav out, plant, and enclose the park, and purchase buildings, etc. Management of the park to be in the Board. [Fart omitted (as to meanings of icords in Acts incorporated. Spent?^ 4 — 6. \Board to execute Act — Power to act by committee — Persons interested not eligible for committee. Superseded by the Municipal Corporations Act 1882 (see Appendix), s. 22 ; and 51 & 52 Vict. c. 41, ss. 40 and 75.J 7. It shall be lawful for the Board and they are hereby em- powered to provide, form, and maintain a park or enclosure for the use, recreation, and enjoyment of the public, to be called - South- wark Park," situate in the parish of Saint Mary, Rotherhithe, in the countv of Surrev.f 8. [Poicer to take lands shaicn on deposited plan. Spent?^ 9. The Board shall lay out, plant, and enclose the said park, and build anv lodsre or lodges or other ornamental buildings therein, and in such manner as thev shall think fit, and mav cause anv of the buildings which shall be on the lands so to be purchased to be pulled down, and apply the produce of the sale of the materials for any of the purposes of this Act. \_See also 50 it 51 Vict. c. cvi. s. 50 : and 58 k 59 Vict. c. cxxvii. 6-. 45.] 10. Potcer to appoint officers for purposes of Act. Superseded by the Municipal Corporations Act 1882, ss. 19 and'2(i (see Appendix) ; and b\ & 52 Vict. c. 41, s. 75.] 11 — 14. \_As to bye-laics. Superseded. See 40 Vict. c. viii. ss. 3. 4, and h) ; 53 & 54 Vict. c. ccxliii. .5.5. 14-21; and 61 & 62 Vict. c. ccxxi. .5. 61.] 15. The maintaining and keeping in order the said park and otherwise regulating and improving the same shall be tmder the care, management, and control of the said Board, and the said Board shall have and exercise all the powers and authorities given bv this Act. * Now the London County Council. See 51 k. 52 Vict. c. 41, s. 40 (8). t Now the County of London. See 51 A: 52 Vict. c. 41, 3. 40 (2). ro- f, oQ -vr,. ,., 1 Thames Embankment Amendment rn -, oo,. J_2/ &28 ViCT.J . J ^ [Chai'. cxxxv.] 339 16. [Expenses of obtaining and of executing Act. Spent in part \ remr. superseded 51 & 52 Vict. r. 41, part iv.] 17. [j >//icers of the Board not to be interested in contracts. See l!S & ll» \'irf. r. 120, s. 04, irhii-h is prdcticaUif identical and isemhlf ajj/dics to this Act^ 18. [Stopping up wags duri/ig firmatitjii of par/;. ,'ipc/U.'\ 19. [Power to the Board to Jill up sewers and drains on prodding substitutes, which are to be under the same management as existing ■sewers and drains.'] 20. [Power to the Board to alter water or gas pipes. Spent.] 21 — 30. [Errors and omissions in plans — Powers of compulsorg purchase of lands limited to 5 gears — Section 133 of Lands Clauses Act ls45 not incorporated — JJeJiciencies of land tax during execution of works — Board to sell lands not wanted within H) gears — Power to the Board to grant building leases of lands not wanted — Ground rents and recersions thereof to be sold — Po/rer to sell such land without pre>:iouslg leasing — Receipts of Board to be effectual dis- charges. Spent.] 31. Borrowing poioers — Jiep. in part 32 & 33 Vict. c. 1(J2, .s. 5iJ ; remr, superseded bi/ the London Countg Council {fSloney) Acts 187.5-1904.] 32 — 39. [Financial provisions. Bep. 32 & 33 Vict. c. 102, s. 50.] 40. [Application of monies to be borrowed. Spent. See 32 & 33 Vict. c. 102, s. 3.] 41. The Board may enter into all such contracts as they may I'ower to think tit for forming and providing the said j)ark, conveniences, and ^'oa""'^ ^ matters by this Act authorized to be provided, and for any others in relation to the purposes of this Act, in respect of which it may appear to the lioard expedient to enter into contracts. 42. [Accounts. Superseded 51 & 52 Vict. c. 41, s. 71.] Schedule. [Forms of bond and of annuitg security. Spent. See 32 & 33 Vict. c. 102, s. 34.] CHAPTER CXXXV. ,An Act to knable the Metropolitan Board of Works to PURCHASE additional LaNDS AND TO MAKE FURTHER IM- PROVEMENTS IN THE Parish of Saint Mary, Lambeth, in THE County of Surrey, for the purposes of " Thk Thames Embankment Act, 1803.'" [30M June 1&G4.] [Preamble recites 20 & 27 Vict. c. 75 (/// this Act called " the Act oj 1803 ") and the deposit of a plan and book of reference with the Clerk of the I*eacefor Surreg.] 1. This Act may Ite cited for any purpose as " Thames short title. Embankment Amendment Act, 1864.'' 2. [Expressions in Acts incorporated to have same meanings in this Act. Spent.] 3. [Powe/- to Board to take lands shown on deposited plans — Incorporation of Lands Clauses Acts. Spent.] 340 Power to make works according to deposited plans. Works authorized. [Chap, ccxxxv.] The Albert Bridge Act 1864. [27 & 28 Vict.] 4. The Board may, in the situation and lines, and within the limits of deviation, and on the lauds defined on the deposited plan and described in the book of reference thereto, and according to the levels shown on tlie deposited section, make and execute the works herein-after described ; namely. The improvement of the approaches to Palace New Road in continuation of the improvements authorized by the Act of 1863 ; and the widening and improvement of a portion of the street called Stangate, commencing from the Westminster Bridge Road ; and the widening of Palace New Road from Stangate to Crozier Street : The stopping up of Crozier Street from Palace New Road to Stangate, and a portion of the street called Stangate, leading from the main street of Stangate to Crozier Street aforesaid, and the appropriation and use of the part of the street so stopped up. 5. \_Time for compulsory purchase of land limited to 5 years.. Spent.'] 6. \_This Act and the Act gi: FROM Chelsea to Battersea, with Approaches thereto. [2^th July 1864.] [Preamble recites (inter alia) that it is expedient to incorporate a Company to build, the new bridge, and, that provision should be made for purchase by the Company of the existing Battersea Bridge built and. maintained under 6 Geo. 3, c. 6G.t] 1. This Act may be cited for all purposes as " The Albert Bridge Act, 1864." 2 — 27. {Incorporation of the Companies Clauses Acts 1845 and 1863 and Lands Clauses Acts — Incorporation of the Albert Bridge Company with a capital of £90,000 — Financial provisions — Procisions as to directors — Powers to take lands shown on plans, deposited with the Clerks of the Peace for Middlesex and Surrey — Powers for compulsory purchase of lands limited to 3 and for completion of works to 5 years. Provisions as to the sale of Battersea Bridge to the Company — Application of 6 Geo. 3, c. 66 to Company — -Alteration of Battersea Bridge. Spent.] 28. The works which the Company are by this Act authorized ta authorized to execute are as follows ; (that is to say,) 1. A bridge across the River Thames, with all convenient ai)proaches, abutments, piers, walls, embankments, toll- houses, toll gates, landing stairs, and other works and conveniences connected therewith, to commence in the parish of St. Luke, Chelsea, in Cheyne ^Valk, at or near the junction therewith of Oakley Street, and to terminate in the parish of St. Mary, Battersea, in a road called the Prince Albert Road : * The time for the completion of tlie bridge and works authorized by this Act wa& extendc'd by 84 & 35 Vict. c. Ixxiii. and 86 & 37 Vict, c. xcvii., which are now spent. t Spent. See 44 & 45 Vict. c. cxcii. s. 28. [27 & 28 Vict.] The Albert Bridge Act 1864. [Chap, ccxxxv.] 341 2. A street commencirif,' in the King's Road, Chelsea, opposite OakJey 8treet aforesaid, and termiiiafint; in the Brorapton and Fulham J{(jud in the })arisli of .St. Luke, Chelsea : 3. A public road comraeucing in the said parish of St. Mary, Buttersea, at the south end of Culvert Itoad, near Sheepgut Road, and teruiinatintr in an intended new road forming on the land of P. \\ . Flower, Esii., known as Long Edge Farm Estate, in the aforesaid parish of St. Mary, Battersea. 29. The Company shall make and maintain on each side of the Fence to Bridge a good and sufficient fence of not less height than four feet, bri'ige to be . made. 30. For the purposes of the works the Company from time to as to inci- tinie may, within the limits of deviation defined on the said ])lans, 'lental works, dig and make proper foundations in the river and on the lands on each side thereof, and make dams in the river during the makiuij or repairing of the bridge, and cut, level, embank, and scour the banks of the river, and cut, remove, scour, take, and carry away all trees, roots of trees, beds of gravel, sand, mud, and other im})ediments, and execute all other works necessary or convenient for building, maintaining, and repairing the bridge, and the approaches to communicate with the bridge on each side of the river. 31. [ Works not to be commenced ivithont the consent of the Thames Conservators. Spent^ 32 — 33. \_Bridf/e to be made acrording to plans deposited with the Thames Conservators — Security for completion of works. Spent.'] 34 — 35. Bed and soil of river not to be interfered with nor materials abstracted therefrom without the consent of the Thames Conservators. Superseded 57 & 58 Vict. c. clxxxvii. s. 87 (see Appendix).] 36. \_Approval of plans by the Board of Trade.] 37 — 38. [Plans of roads to be apjjroved hj the Metropolitan Board of Works — As to cO)tstruction of Bridge. Spent.] 39. During the construction of the bridge and works connected Lights to be therewith the Company shall hang out or exhibit thereat or near ^^ burnintr thereto, and for ever after the completion of the bridge the Comjjany "^ " ^^' shall hang out or exhibit u})on the bridge and works res])ectively every niglit, from sunset to sunrise, lights to be kept burning by and at the expense of the Company, and proper and sufficient for the navigation and safe guidance of vessels ; and the lights shall be from time to time altered by the Comjiany in such manner and be of such kind and number and be so phu-ed as the Conservators of the River Thames shall bv writing under the hand of their secretarv approve of ; and in case the Com})any shall neglect to exhibit and keep the lights burning as aforesaid they shall forfeit and pay for every such offence the sum of ten pounds. 40. \Jf public stairs be shut up, Compang to erect others. Spent.] 41. [Board of Trade mag order local survey. Superseded 57 *k 58 Vict. ('. clxxxvii. .s. 183 {see Appendix).] 42. if any work to be constructed by the Company in, under, over, Board of through, or across the River Thames, or if anv portion of anv work T^a^^e or which affects or may affect that river shall be abandoned or suffered mav remove to fall into disuse or decay, it shall be lawful for the Board of Trade abandoned or for the Conservators of the River Thames to abate and remove the ^^'^rks at same or sucli part or parts thereof as he or they may at any time company. 342 [Chap, ccxxxv.] The Albert Bridge Act IMi. [27&28Yict.] or times deem fit and proper, and to restore the site thereof to its former condition, at the cost and charge of the Company, and the amount thereof shall be a debt due from the Company to the Crown or the said Conservators, and if not paid upon demand may be recovered as a debt due to the Crown or the said Conservators, as the case may be, with the costs of suit, or may be recovered with costs as a penalty is or may be recoverable from the Company. 43. [_^Saving rights of the Conserzators.~\ 44. \_Saving rights of the Crown^ 45. [For 2^rotection of sewers as regards intended works, semble spent.'] 46. \_As to construction of bridges ocer public streets. Spent?\ 47—63. \_As to tolls. Superseded 40 & 41 Vict. c. xcix. s. 16.] 64 — 65. [Penalty for damaging any part of bridge and. approaches — Annoyances — Wilfully damaging bridge. Superseded by 4.5 Vict. c. Ivi. s. 41, and .35 A: ^^ Vict. c. ccxxxviii. s. 40. See also the Malicious Damage Act 1861, ss. 33, 34, .51, and 52. Barge owners 66. If and whenever any i)erson having the care of any boat, answerable ijarge, or Other vessel navigated on the river, wilfully, carelessly, done by their or negligently causes or sutfers any damage or injury to be done by servants. the vessel to the bridge, the owner of the vessel shall be liable to make satisfaction to the Company for all such damage or injury. 67 — 69. [^46- to tolls. Spent. See also 40 & 41 Vict. c. xcix.] Recovery and 70. All offences Under this Act, and all penalties, damages, application of charges, and costs imposed or pavable under this Act. mav be recovered in a summary manner under the provisions of the Act of the session of the eleventh and twelfth years of Her present 11 & 12 Vict. Majesty, chapter forty-three, intituled ''An Act to facilitate the c-43. Performance of the Duties of .Justices of the Peace out of the Sessions within England and Wales with respect to summary Con- victions and Orders," and all such penalties shall be paid to the Com- pany except, so far as the convicting Justices award, not more than one half thereof to the informer. [Word omitted (" tolls'") spent.~\ 71 — 75. [Service of notice by Company — Annual accounts — Leasing of superfluous lands — Deficiency in rates. Spent. Bridge approaches and new street to be public highways. See 40 & 41 Vict. c. xcix. s. 16.] 76. [For jrrotection of the London, Chatham (j- Dover Raihcay Company. Spent?^ 11 — 78. [Lands of the London, Chatham ^' Dover, West London Extension, and South-western Railway Companies not to be taken without consent. Spent.'] 79 — 88. [For the protection of the London and South-western Railway Company — As to construction of an archway or bridge under tJie railway, and vesting the same in railway company with liability for the repair thereof. Semble spent except as to vesting and repjair of archway 7] 89. [Lands of the London, Brighton ^ South Coast Railway Com:pany not to be taken without their consent. SpentT] 90 — 91. [Compa.ny within Z years to form sides of the south ascent to bridge and complete Albert Road to the satisfaction of Battersea Park Commissioners and Wandsworth District Board of Works [27 & 2s Vict.] Wa7idsivort/' Bridge Act 1804. [Chap, ccxxxviii.] 343 respecticely^ and as to contributini) oj' SLijOO towards siwh road b>j the Commissioners. Spent.'] 92. [Sating the riijht.^ of the Batterse.a Park Commissioners. Spent.] 93. \_F.xpenses of obtaining Act. Spent.] CHAPTER CCXXXVIII. * An Act for incorporating the Wandsworth Bridge Company and for authorizing them to make and maintain the Wandsworth Bridge, and to make Roads leading thereto; AND FOR OTHER PURPOSES. [2Wl .Jubj lSG4.] \J^reamble7\ 1. This Act may for all purposes be cited as " Wandsworth Bridge Short title. Act, 1804." 2 — 3. \_JHcorporation^ of Land i.lau.scs Acts and Conipaiucs (.'Lauses Acts — Definitions therein extended to this Act. Spent.] 4 — 18. \_Incorporation of Compang — Provisions as to issue of capital, directors, and meetings of the Company. Spent. See 40 & 41 Vict. c. xcix.] 19 — 23. {^Powers to take lands — Errors in deposited plans — Ti?ne for compulsory purchase limited to 3 years — Powers to make bridge and roads authorized by this Act. Spent.] 24. The bridge and roads and works which the Company are by Works au- this Act authorized to execute comprise the following bridge and t^^nzed by roads, with all proper and sufHcient abutments, ])iors, land arches, " walls, embankments, toll houses, toll gates, landing stairs, foot])aths, approaches, drains, gullies, channels, crossings, pavements, and other works and conveniences connected therewith ; (that is to say,) (A.) A bridge to be called " the Wandsworth Bridge," com- mencing on the foreshore of the River Thames in the parish of Wandsworth in the county of Surrey,! and terminating opposite thereto on the foreshore of the River Thames in the parish of Fulham in the county of Middlesex rf (B.; A road commencing at the southern abutment of the bridge passing through or under the embankment (»f the Rich- mond line of the London and South-western Railway, and terminating in tiie AVaudsworth lioad leading from Wanils- worth to London, and which ri)ail will be made wholly in the parish of Wandsworth in the county of Surrey : t (C.) Two roads, each commencing at the northern abutment of the bridge, and the eastern road terminating in Peter- borough Road, and the western road terminating in the King's Road, and the whole of wliich two roads will be made in the ]iarish of Fulham in the county of Middlesex.! 25. For the purposes of the works by this Act authorised, the incidental Company from time to time may dig and make proper fonnilations w^rks. in the River Thames and on the lands on each side thereof, and make dams in the river during the making or repairing of the bridge, and cut, level, embank, and secure the banks of the river, * The times for taking of lands and completion of works authorized by this Act were extended and the raising of £10O.(XK) further capital was authorizeti by 30 i: 31 Vict, c. cci., which is now entirely spent. f Now the county of London. See 51 & 52 Vict, c 41, s. 40 (2). 344 [Chap, ccxxxviii.] Wandsworth Bridge Act 1804. [27 & 28 Vict.] Entry on lands for surveys and works. Inclination of roads. Parapet to bridge and fence to roads. Bridge not to be altered without consent. Power to Conservators to remove works disused, etc. and cut, remove, scour, take, and carry away all trees, roots of trees, beds of gravel, sand, mud, and other impediments, and execute all other works necessary or convenient for building, maintaining, and repairing the bridge and roads. • 26. The Company from time to time may enter upon the lands in which the bridge and roads and works are to be made, and also upon any adjoining lands, and examine and survey the same, and ascertain and set out the j^arts thereof required for the purposes of this Act, and may make walls, arches, culverts, ditches, drains, fences, and works, and do all things requisite for the making, maintaining, and repairing of the bridge and roads and works, doing as little damage as may be, and making full comjjensation to all parties interested for all damage so done. 27. l^For protection of Mr. Wat?ieys property. Spent.'] 28. [^Power to take materials from lands near bridge and roads for making, improving, and maintaining the same. Semhle obsolete^ 29 — 32. {Deviations from deposited plans^ and as to construction of bridge. Spent?^ 33. The inclination of the roadway over the bridge and of the roads by this Act authorized respectively shall not be steeper than one foot in twenty-seven feet as regards the bridge, and one foot in twenty-three feet as regards the roads. 34. The C'ompany shall make and maintain on each side of the bridge a proper and sufficient parapet of not less than four feet high. . . . \Part omitted {as to fencing roads) spent.] 35 — 42. \J2om])any to pjrovide landing jdaces in lieu of those interfered, ivith — PIoms of bridge to be approzed. by the Thames Con- servators — Width of bridge and, inclination of roadway — Company to invest £1,000 before commencement of works — Plans of bridge to be a.pjrroved by the Board of Trade and of roads by the Metrojjolitan Board, of Works — ^1.5 to interference with the bed, of the River Thames and, as to taking materials from river. Spent in part, remr. superseded ; see 57 & .58 Vict. c. clxxxvii. (see Appendix).] 43. When the bridge and the works connected therewith are begun or made, the Company at any time thereafter shall not alter or extend the same without first obtaining the like approval of the Conservators of the Hiver Thames in writing under the hand of their secretarv as before beginning ; and if the bridge and works shall be begun or made or be altered or extended contrary to the provisions of this Act, the Conservators, if they think fit, may abate, alter, and remove the same, and restore the site thereof to its former condition, at the expense of the Company, and the amount thereof shall be a debt due from the Company to the Conservators, and be recoverable with costs accordingly, or may be recovered with costs as a penalty. 44. If any work made by the Company in, over, or across the River Thames, or if any portion of any such work which affects the river, be abandoned or suffered to fall into disuse or decay, the Con- servators of the River Thames may abate and remove the same, or such part or jjarts thereof as they at any time deem fit, and restore the site thereof to its former condition, at the expense of the Com- pany, and the amount thereof shall be a debt due from the Company to the Conservators, and be recoverable with costs accordingly, or may be recovered with costs as a penalty. [27 & 28 Vict.] Wandsworth Bridge Act 1?^64. [Chap, ccxxxviii.] 345 45 — 46. [_TralJic on th>: Ituwr Thames not to he interrujded hij works, and as to construction of bridges over public streets. Spent^ 47. Dnriiijj: tho makiii<; or repairing of the bridf^e and the works Lights on connected therewith, and for ever after the completion of the bridge, ''"^^^'j^" ^^' ^"^ the Conij)any sliall hang out or exhibit upon the Ijridge and works jj^iiighL' respectively every night, from sunset to sunrise, lights to be kept burning by and at the expense of the Company, and pro])er and sufficient for the navigation and safe guidance of vessels, and the lights shall be from time to time altered by the Comjjany in such manner, and be of such kind and num])er, and l)o so placed, as tiie Conservators of the Hiver Thaujes sliall, by writing under the hand of their secretary, approve of; and if the Company shall fail so to show and keep burning the lights, they shall for every such offence forfeit not exceeding twenty pounds, which shall be a debt due to the Conservators, and be recoverable with costs accordingly, or may be recovered with costs as a penalty. 48. \_For protection of seivers of the Metropolitan Hoard of Works. Spent ; see also 40 & 41 Vict. c. xcix."] 49 — 58. \^For protection of the London and South-western Rail- ivdij ('omjjang, and as to construction of an arch wag or bridge un.] 92. [Malicious injury to bridge. Superseded by 45 Vict. c. Ivi. s. 41, and 55 <.^ 5G Vict. c. ccxxxviii. s. 40. See also the Malicious Damage Act l5>61.] 93. If and whenever any person having the care of any boat, Barge barge, or other vessel navigated on the River Thames wilful I v, *^^^°^'"* ,, , ' , T 1 n^ • • ' answerable carelessly, or negligently causes or suffers any damage or iniury to for damage be done bv the vessel to the brid^je, or anv of the works connected done by therewith, the owner of the vessel shall be liable to make compen- \^^l^^^^' satiou to the Company for all damage or injury so done. 346 Settlement by Justices of diifer- ences as to damages and charges. Recovery and appli- cation of penalties, etc. [Chap. 34.] The Metropolitan Houseless Poor Act 1805. [28 & 29 Vict.] Transient ofEenders. Company to provide ferrj" boats in case of accident to bridge. 94. Where any damage or charge is by this Act directed or authorized to be paid, and the manner of ascertaining the amount thereof is not otherwise provided for, the amount in case of nonpa}'- ment thereof or difference respecting the same shall be ascertained and determined by one or more Justice or Justices for the county of Middlesex* or Surrey.* 95. All offences under this Act, and all penalties, damages, charges, and costs imposed or payable under this Act, or by virtue of any byelaw, rule, or order made in pursuance thereof, may be taken cognizance of or recovered under the provisions of any Act from time to time in force relating to the performance of the duties of Justices of the Peace out of sessions in England, and with respect to summary convictions and orders, and all such penalties shall be paid to the Company, except so far as the convicting Justices award, not more than one half thereof, to the informer. \Worcl omitted (" tolls ") spent.'] 96. Any constable or other officer or agent of the Company, and all such persons as he respectively calls to his assistance, and with- out any warrant other than this Act, may seize and detain any person whose name and place of abode are unknown to the person so seizing, and who commits any offence against this Act, and may convey him before a Justice of the Peace for the county of Middlesex* or Surrey,* and the Justice may deal with the offender as if he had been duly summoned or brought by warrant before him. 97. {Service of notices hy the Company. Spent ; see 40 & 41 Vict. c. xcix.] 98. If and whenever after the bridge is completed the passage over it becomes dangerous in consequence of accident or damage, or it is considered desirable to repair or alter or rebuild the bridge, or any part thereof, the Company may and shall during the repairing, altering, or rebuilding of the bridge provide a sufficient ferry over the River Thames at or near to the site of the bridge. \Part omitted {as to tolls for ferry) semhle superseded 40 & 41 Vict. c. xcix.] 99. \_Yearly accounts of Company to he sent to the Clerks of Peace for Middlesex and Surrey. Spent ; see 40 & 41 Vict. c. xcix.] 100—101. {Saving the iHghts of the Crown and the Thames Con- servancy.] 102. {Expenses of obtaining Act. Spent.'] Provisions of recited Act extended to relief after Lady Day 1865. 28 & 29 VICTORIA. A.D. 1865. CHAPTER 34. An Act to make the Metropolitan Houseless Poor Act per- petual. \'2?id June 1865.] {Preamble {reciting 27 & 28 Vict. c. 116) rep. 50 Vict. c. 14 {S.L.R.).] 1. . . . The provisions of the said Act shall be extended to the expenditure for relief of destitute wayfarers, wanderers, and found- lings, or other destitute persons, in the several unions and parishes referred to in the said Act. . . . {Parts omitted {the ivord " That,'^ * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). [28 & 29 Vict.] Metropolitan Fire Briffude Act 1805. [Chap. 90.] 347 and. the repeal of s. 6 r/ 27 k 28 17c/. r. \\i)) rep. 38 & 39 Vict. «ect. o. C. m (S.L.Jt), & 5G Viet. C. 14 (S.L.U).] repealed. 2. The Poor Law Board* sliull from time to time cause the wards Poor i^w and other phices of recei)tioii provided according' to tlie said Act to [^"^'i""'^ t<> be iriKj)ecte(l not h.^ss than once in every i'oiir months lM;t\veen the inspected, hours of six o'clock in the eveniniz; and ei^ht in the morninji^ in and may the months between October and March inchisive, atid between the '"*^^''^^*' *°'' hours of eii^ht o'clock in the eveninji^and eij^^htin the morning in the certificate, months between April and Septemljer iindnsive ; and the results of such inspections sliall be rejxjrted to the Poor Law I'oard,* who may at any time revoke and renew the certificates granted or to be granted under the first section of that Act. 3. The said Board* may allow for the costs and expenses referred Allowance to in the fourth section of that Act, when they shall see fit to do so, ["r^providing a sum or several sums in gross instead of a sum in respect of each wards, pauper as therein provided. 4. Any constable of the Metropolitan I'olice or of the police of Power to the city of London may personally coiuluct any destitute wayfarer, pro^ide°or wanderer, or foundling, or other destitute person, not having temporary committed or being charged with any offence j)unishable 1)y law, relief, within the knowledge of such constable, to any wards or other places of reception approved of by the Poor Law Board* under the said Act or this Act ; and everv such wavfarer, wanderer, or foundling shall, if there be room in such wards or other places of reception, be temporarily relieved therein. 5. The wards or places of reception ])rovided under the said Act ^°]^^J^ during shall be oj)en for the admission of destitute wayfarers, wanderers, ^'^'j^j^^^^^^'" and foundlings, or other destitute persons, who shall apply to be open for admitted during the hours between six o'clock in the evening and admission, eight in the morning in the months between October and March inclusive, and during the hours between eight o'clock in the evening and eight o'clock in the morning in the months between April and September inclusive, and the guardians shall be entitled to be reimbursed for all relief administered in conformity with the provisions of that Act during those hours respectively. 6. This Act may be cited for all purposes as " The Metropolitan short title. Houseless Poor Act, I860." CHAPTER 00. t An Act for the Establisument of a Fire BuuiADE within THE Metroi'olis. [oM Jult/ 1805.] [Preamble rep. 56 Vict. i*. 14 (^S.L.R.).'] PviliiniiKirij. 1. This Act may be cited for all purposes as the "Metropolitan short title. Fire Brigade Act,' 1805." 2. For the purposes of this Act the " metroiK)lis " shall ">^'^" J^f^*)"^'j°° the city of London and all other ])arishes and ])hu'es for the^jj^T^J^" time being within the jurisdiction of the Metropolitan Board ot"insnmnce \\'orks : ' company.-' * Now the Local Government Board. See the Local Government Board Act 1871 , s. 2. t See also 56 & 57 Vict. c. ccxxi. ^. It;. 348 [Chap. 90.] Metropolitan Fire Brigade Act 1865. [28 & 29 Vict.] Definition of " Metro- polis Local Management Acts/' Duty of Metropo- litan Board in relation to fires. Purchase of buildings and land. Transfer of plant of existing fire ofiices. Constitution of Fire Brigade. Salaries of Fire Brigade, " Insurance company " shall include any persons corporate or imincorporate, or any person carrying on the business of fire insurance. 3. The expression " Metrojiolis Local Managements 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." Estahlishment and Duties of Fire Brigade. 4. . . . 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, accoutrements, tools, and implements as may be necessary for the equipment of the force, or conducive to the efficient performance of their duties. S^Words omitted (" on and after 1st January 1866 ") rep. 56 Vict. c. 14 (6'.i>.7?.)-] 6. The said Board, herein-after 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 efiect the purposes of this Act, and may from time to time sell any 2oroi)erty acquired by or vested in them for the purposes of this Act : The Board may also contract with any company or persons authorised to establish the same for the establishment of tele- graphic communication between the several stations in which their fire engines or firemen are placed, and between any of such stations and other parts of the metrojjolis. 6. . . . 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 to this Act, but subject to all legal liabilities and obligations attaching thereto, including the payment of all pensions that have been granted to the members of the said fire engine establishment, 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, ])urchase the stations, fire engines, and jjlant belonging to any parish, place, or body of persons within their jurisdiction. \_Note to s. 4 a^^plies.'] 7. The force of firemen established under this Act, herein-after called the Metropolitan Fire Brigade, sliall 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. [^See 4 Fdw. 7, c. ccxliv. s. 46.] 8. The Board shall pay such salaries as they think expedient to the said Fire Brigade. They may also make such regulations as * Now the London County Council. See 51 & 52 Vict. c.41, s. 40 (8). [28 & 29 Vict.] Metropolitan Fire Brigade Act 1865. [Chap. 9y^M), ss. 22 (7) and 30 (4), and 54 & 55 Vict. c. ccvi. ss. 60—09.] 9. The Board may by byelaws make regulations for the training. Power to discipline, and good condnct of the men laelonging to the said Fire Ja^^ns*for Pjrigade, for their speedy attendance with engines, fire escay)es, Fire Brigade. and all necessary implements on the occasion of any alarm of fire, and generally for the maintenance in a due state of eificiency of the said Brigade, and may annex to any breach of such regulations ])enalties not exceeding in amount forty shillings, bnt no byelaw under this section shall be of any validity unless it is made and confirmed in manner directed by the Metroi)olis Local ]\Iaiiag('ment Acts ; and all the provisions of the said Acts relating to byelaws shall, with the necessary variations, a})ply to any byelaws made in ])ursuance of this Act. [See also 18 «fc 19 ]'ict. c. 12n, .'is. 202 and 2^)3.] 10. \_Compensatio7i to parish officers. Spent.'] 11. The Board may make such arrangements as they think fit -^=* to pnr- as to establishing fire escapes throughout the metropolis. They ^^^p^^ ^'"^* may for that purpose contribute to the funds of the Koyal Society for the Protection of Life from Fire, or of any existing society that ])rovides fire escapes, or may purchase or take by agreement the j)roperty of any existing society in their stations and fire escapes, and generally may maintain such fire escapes and do such things as they think exi)edient towards aiding persons to escaj)e from fire ; and any expenses incurred by them in ])ursuance of this section shall be deemed to be expenses incurred in carrying into efiect this Act. 12. On the occasion of a fire the chief or other officer in charge of As to the Fire Brigade may, in his discretion, take the command of any \!-"JJ]^^"cr°^a^i^. volunteer fire brigade or other persons who voluntarily phice their services at his disposal, and may remove, or order any fireman to remove, any persons who interfere by their presence with theoi)era- tions of the Fire Brigade, and generally he may take any measures that appear expedient for the })rotection of life and jiroperty, with power by himself or his men to break into or through, or take pos- session of, or pull down any premises for the jturpose 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 oif from the mains and ])ipt's of any district, in order to give a greater suiii)ly and pressure of water in the district in which the lire has occurred; and no water com})any shall be liable to any penalty or claim by reason of any interruption of the snpply of water occasional only by compliance with the provisions of this section. All police constables shall be authorised 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 otficer of the Fire Brigade 350 [Chap. 90.] Metropolitan Fire Brigade Act 1865. [28 & 29 Vict.] Contribu- tions by insurance offices. Mode of en- forcing con- tributions. Mode of as- certaining proportions of contri- bution. Penalty on insurance companj- not making return. Examination of books of insurance companies. remove any persons who interfere b)' their presence with the opera- tions 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. 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 eft'ect, 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 fractional 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 quarterly in advance, on the first of January, first of April, first of July, and first of October in every year. . . . [^Part omitted (as to dates ofjirst pat/ment) rep. 38 & 39 Vict. c. 06 (S'.L.i?.).] 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 every . . . first of June, or on such other days as the Metropolitan Board of Works * may appoint, make a return to the said Board, 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 com])any by whom it is made, stating that he has examined the return with the l)Ooks of the company, and that to the best of his knowledge, information, and belief it contains a true and faithful account 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 efl:ect till the first of January of the succeeding year, and shall be the basis of the contributions for that year. \_Part omitted (provisions for the years 1864 and 1866) rep. 38 & 39 Vict. c. 66 (-S'.Z./A).] 16. If any insurance company makes default in making such returns to the Board as are required by this Act, it shall be liable to a penalty not exceeding five pounds for every day during which it is so in default. 17. The secretary or other officer having the custody of the books and papers of any insurance company that is required to pay a con- tribution to the Board in pursuance of this Act shall allow any officer appointed by the Board to inspect, during the hours of business, any books and papers that will enable him to ascertain the amount of property insured by such company in the metropolis, and the amount for which it is insured, and to make extracts from * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). [28 & 29 Vict.] Metropolitan Fire Brigade Act 1805. [Chap. 90.] 351 snch books or papers; and any secretary or otlior such officer as aforesaid of a conii)any fuiiins; to comply witii tin? r(v|iiisiri()ns of this section in respect of sncli inspections and extmcts shuli l)e liable on summary conviction to a penalty not exceeding five pounds for each offence. 18. The . . . Ti-easnry sliull pay or cause to be paid to the Board <''»ntribu- i)y way of contribution to the expenses of maintaining' tlie Fire ^1'^"'' '^''' Brigade such sums as Parliament may from time to time- <;rant for lowanT*^"* that purpose, not exceediijf; in any one year the sum often thousand exij^^nse of pounds. [ Words omitted (" ComminHioners of Iler Majesty h ") rep. ^^"^de. 56 Virf.r. U{S.L.R.).-] 19—21. \^Fi nancial provisions. Hep. 32 k 33 Vict. c. 102, s. 50.] Miscellaneous. 22. Where any chief officer, or other person who has been employed I'ower to by the Board in any capacity under this Act, and has been discharged ^^^ ''^" therefrom, continues to occupy any house or buildinj: that may be oSrl or proviiled for liis use, or any part thereof, alter one week's notice in men out of writing from the Board to deliver up i)Ossession thereof, it shall be I'l-uses pro- lawful for any Police Magistrate, on the oath of one witness, stating ,^iem. ^^ such notice to have been given, by warrant under his hand to order any constable to enter into the liouse 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 eflectually to all intents and ])urposes, as the sherifi" having jurisdiction within the place where such liouse or building is situate might lawfully do by virtue of a writ of ])Ossession or a judgment at law. 23. [Penaltij where chimne>/s are on Jire. Rep. 63 & 64 Vict, c. cclxviii. s. 30.] 24. All penalties imposed by this Act, or by any byelaw made necovery of in ])ursuance thereof, and all expenses and other sums due to the ''^°^^^'^*' Board 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 holden 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 shall be paid to the treasurer of the Board, notwithstand- ing any Police Act or other Act of Parliament directing a different appropriation of such monies. \_See 2 & 3 Vict. c. 71, s. 47.] 25. Any dispute or other matter which is by this Act directed to Summary be determined summarily by two .Justices shall be deemed to be j.""***^®^'"^ a matter in respect of which a complaint is made upon which they niininp cer- have authority by law to make an order for jiayment of money taiu matters, within the meaning of the said Act of the session holden in the eleventh and twelfth years of the reign of Her ])resent iMajesty, chapter forty-three, or any Act amending the same. 26. Any act, power, or jurisdiction hereby authorized to be done Kxtension of or exercised bv two Justices mav be done or exercised bv the follow- I^*'«" -., . " .... , . ' . . . ,. . ,• . iriven to two mg Magistrates withm tlieir respective jurisdictions ; that is to say, justices. by any Metropolitan Police Magistrate sitting alone at a juJice court or other ai)pointed place, or by the I^ord flavor of the city of London, or any alderman of the said city, sitting alone or with others at the Mansion House or Guildhall. 352 [Chap. 90.] Metropolitan Fire Brigade Act 1865. [28 & 29 Yict.]' Establish- ment of salvage force bv insurance offices. Brigade when employed beyond the metropolis, or on special services. Board to send infor- mation of fires to offices. Transfer to Board of powers of parishes as to fireplugs. 27—28. [Audit of accounts and poiver of Board to delegate to committee. Rep. 56 & 57 Vict. c. 54 (*S\Z.2i'.).] 29. If the companies insuring properh' 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 tlie 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 be jointly and severally liable to defray all the expenses that may be incurred by the Fire Brigade in attending the fire, and shall pay to the 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 property, 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 dis- puted), shall be summarily determined by two Justices. In default of payment, any expenses under this section may be recovered by the Board in a summary manner. The Board may also permit any part of the Fire Brigade estab- lishment to be employed on special services upon such terms of remuneration as the said Board may think just. 31. The Metropolitan Fire Brigade shall in the morning* of each day, with the exception of Sundays, send information, by post or otherwise, to all the insurance offices contributing for the purposes of this Act, of all fires which have taken place within the metropolis since the preceding return, in such form as may be agreed upon between the Board and the said companies. \Note to s. 7 applies.'] 32. All the powers now exercised by any local body or officer within the metropolis as respects fireplugs shall henceforth be exercised by the Board, and the Board shall be entitled to receive copies or extracts of all plans kept by any water company * under the provision of the Act of the session of the fifteenth and sixteenth years of Her Majesty, chapter eighty-four ; f and every such water company 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 fireplugs 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 fireplug is situated, showing its situation. \^Amended by 34 & 35 Vict.c. 113, * Now the Metropolitan Water Board. See now 2 Edw. 7, c. 41. f See Appendix^ [28 & 29 Vict.] ^^^""'^^^^^^/^^^ and Uolhorn fmproveuient .^^^^^ .^-. ^ -^ Act ihbii. L -• s. 34. See aho the Water worka Clauses Act 1847, hs. 38 — 44 ; and 57 & 58 Vict. c. ccxii. .s. 4.] 33. "Owner" in tliis Act shiill mean tlie person for the time Deanition of being receiving the rackrent of the premises in connexion with "'*"^°^''"" wliich the word is nsed, either on his own account or as agent or trustee for souk; otlier jx'rson, or who would receive the same if the ])remises were let at rackrent. 34. [^Repeal of 14 Geo. 3, r. 7s (except .ss. 83 and 5(j thereoj ). Rep. 38 & 30 Vict. c. 06 {S.L.h'.).] 35. [Repeal of s. 44 of the Lighting and Watching Act 1833. Rep. 50 Vict. c. 14 {S.I..'R.).~\ CHAPTER III. An Act to enable the Metropolitan Board of Works to open A New Street in Whitechapel, and to kemove Middle Row, Holboun, all in the County of Middlesex, \ltk April 1865.] [Preatnble recites 18 & 19 Vict. c. 120, 6-. 144.] 1. [Incorporation of Lands Clauses Acts. Spent.'] 2. In citing this Act for any purpose it shall be sufficient to use Short title, the expression " AVhitechapel and Holborn Imjirovement Act, 1865." 3. In this Act the following words and expressions shall have Interpreta- the several meanings hereby assigned to them, unless there be some- *'*^" ^^ terms, thing in the subject or context rejmguant to such construction ; (that is to say,) ■ ••••• The word "streets" shall include scpiares, streets, courts, or alleys, highways, lanes, roads, thoroughfares, or j)ublic passages or places : The expression " the Board " shall mean the Metropolitan Board of Works :* • ••••• [Parts omitted (definitions of " Justice^'' " two Justices" and " lessee,'"' and as to meanings of ivords in Acts incorporated^ spent.] 4—6. [Board to execute Act — Poirer to act by committee — Per- sons interested not eligible for committee. Superseded by the Municipal Corporations Act 1882, s. 22 {see Appendix), and 51 »fc52 Vict. c. 41, ss. 40 and 75.] 7. It shall be lawful for the Board to make the new street and I'ower to improvements following ; (that is to say,) a new street commencing ^r^*; "ndi im- in the ])arish of Saint Mary Matfelon otherwise Saint Mary provements. Whitei^hai)el in the county of Middlesex,-]- at or from High Street, AVhitechapel, at or uear its point of intersection by Leman Street and Commercial Street, and terminating in the said ])arisli and in the hamlet of ^lile End Ohl Town, or one of them, ar or near the west end of the street or road called Commercial Road East, at its junction with Church Lane, and which new street is herein-al'ter referred to as the Commercial Road East extension ; and to widen and improve the public thoroughfare of High Holborn uear its * Now the London County Council. 8ee 51 & 52 Vict. c. 41, s. 40 (8). f Now the County of London. See 51 & 52 Vict. c. 41, s. 40 (2). 23 make sub ways OK, -/^, ••• -1 W'hitechapel and Holhorn Impromment roo p on tt -i 354 i_Chap.iii.] ^ Actl^^h. [28 & 29 Vict.] junction with the bonndary of the city of London at Holborn Bars, by removing the dwelling honses, messuages, and premises forming the north side of the passage or place commonly called Middle Row, and lying between that passage and the north side of Holborn aforesaid, in the parish of Saint Andrew's Holborn above Bars in the county of Middlesex,* and which improvement is herein-after referred to as the Middle Row, Holborn, improvement. 8 — 12. \_Streets and ivorks to be made according to deposited plans — Powers to the Board to deviate, to lay out footways, etc., and to stop up streets, etc. — Vesting of soil of such streets in the Board for the purpo.ses of the Act — Powers to stop up ways during works, and to raise or lower streets. Spent.'] 13. \^As to laying of pavements, and vesting the .same in the board (f worhs'f or vestfyt in ivhose district or parish they are.] 14. [flower to the Board to f II up setvei^s and, drains on providing substitutes, which are to be under the same management as existing sewers and drains^ 15. [Power to alter steps, areas, pipes, etc. S/jent.] 16. [Ground laid, into streets to form part thereof, and to be under the care of the board of ivorks] or vestry] in whose district or parish it is.] Power to 17. The Board may make, under the new street formed by them under the powers of this Act, an arched passage or covered way, herein-after called the subway, for such purposes as they think fit, with all communications, works, and things necessary or proper for the convenient use thereof; and the same subway, communications, works and things shall be deemed part of the works authorized by this Act, and the same shall (notwithstanding anything herein con- tained) belong to and be vested in the Board, and shall be maintained and repaired by the Board. . . . [Part omitted {as to use of subu-ay) superseded, .56 & 57 Vict. c. ccii.] 18 — 30. [Eirors and omissions in plans — Power to the Board to sell materials, and to survey lands to be taken — Powers for com- pulsory purchase limited to 5 years — As to acquisition of lands and, compensation — Deficiencies of land tax during works — Power to grant building leases of lands not wanted— Sale of ground, rents and reversions — Power to sell la.nds without leasing — Sale of lands not wanted — Receipts of Board to be effectual discharges. Spent.] 31. [Borrowing powers. Rep. in part 32 & 33 Vict. c. 102, s. 50. Remr. .spent.] 32 — 39. [Financial provisions. Rep. 32 & 33 Vict. c. 102, s. 50.] 40. [Separate accounts. Super. seded 51 & 52 Vict. c. 41, ss. 68 and 71.] 41. [Application of monies borrowed. Spent.] 42. [Application of monies arising from sales, etc. Rep. 32 & 33 Vict. c. 102, s. 50.] 43. [Prowers of Metrop>olis Management Acts extended to this Act. Spjent.] Schedule. [Forms of bond and security for annuity. Spent; see 32 & 33 Vict. c. 102.] * Now the County of London. See 51 & 52 Vict. c. 41, .s. 40 (2). t Now the Metropolitan Borough Council. See 62 & 63 Vict. c. 14, s. 4. [29 & 30 Vict.] ^'^'^ Superanmmtion {Metropolis) ^^^^^ ^^-^ 3__ 29 & 30 VICTORIA. A.D. 1866. CHAPTP:ii 31, * An Act to provide for Superannuation Allowances to Officers of Vestries and other Boards within the Area OF the MpiTRoroLis Local Management Act. [18M Jiay I860.] [Preamble rep. 50 17/?/. c. 14 (S.L.R.).'] 1. The vestry of any parish and district board of any district Vestries, or any other ])arochial l)ody within rhc metropolis, and also the '^^^'^'"^^* Metropolitan Board of Works, may, at thoir discretion, grant to MetrMpolitan any officer in their respective services, including the chairniiin of Boanl of the Metropolitan Board of Works, who shall l)ec()me incajtable ^^^'^'■'^'* ™^y of discharging the duties of his office with efficiency by reason of aniiuatjon"' permanent infirmity of mind or l)ody, or of old age, upon iiis allowances I'esigiiing or otlierwise censing to hold his office, an annual allow- •^'^ *^*^®™ '" ? 1- • ^ i. ii-i i'l-^i 1 certain cases, ance not exceetlmg m any case two thirds ot his tlien salary, regard being had to the scale of allowances herein-after contained, and shall charge such allowance to the fund or funds to which such salary would have been charged if he had ccuitinued in his office : Provided always, that nothing in this Act contained shall aflect the powers contained in the two hundretl and thirteenth section of " The Metropolis Management Act, 1855." [Spent as regards Chairman of the Metropolitan Board of Works7\ 2. This allowance shall be payable to or in trust for such officer Allowances only, and shall not be assigna])le for nor chargeable with his debts "°^**^^^, or other liabilities without the consent in writing of the vestry, foji^'J^btg^g^Q district board, Metropolitan Board of Works, or other parochial l)ody. 3. No officer shall be entitled to such allowance on the ground Limitation of old age who shall not have completed the full age of sixty "f,-~ ""''"* *'^ ^ ^ ^ •' allowances. years. 4. Subject to the provisions herein contained, the allowance to ^caie of be granted ... to persons who shall have served in an established allowances, capacity as officers as aforesaid, whether their remuneration be computed by weekly wages, poundage, or percentage 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 uiuler ileven years, an annual allowance of ten six- tieths 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 comiiK'tion of a j)eriod of service of forty years, when the annual allowance of forty sixtieths may be granted ; aiul no adilition sliall be made in res])ect of any service beyond forty years ; but in computing the time of any officer's service any period during which such officer shall * See note * to 18 & 19 Vict. c. 120, p. 214 ; see also 17 & 18 Vict. c. cbcix. s. 31 ; •^8 & 29 Vict. c. 90, s. 8 ; the Baths and Washhouses Act 187S, s. 12 ; the Lunacy Act 1890, s. 280 ; 54 & 55 Vict. c. ccvi. ss. 60—69 ; and 55 &; 5G Vict. c. ccxxxviii. s. 41. 356 [Chap. 90.] The Sanitary Act 1866. [29 & 30 Vict.] Power to increase allowance. Power to grant gratui- ties in case of retirement before en- titled to su- perannuation allowance. Notice of grant to be given. Interpreta- tion of terms. liave been in the service of a vestry, board of trustees, or other parochial board of the same parish superseded by " The Metropolis MauagementAct, 1855," or of any parish comprised in the district board granting such allowance, shall be included. [ Words omitted (" after the commencement of this Act'') rep. 56 Vict. c. 14 {S.L.R.).'\ 5. When for the due and efficient discharge of the duties of any office professional or other peculiar qualifications not ordinarily to be acquired in the vestry or board's service are required, and any person 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 hereafter 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 superan- nuation 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 person who is compelled to quit their service by reason of severe bodily injury occasioned, without his own default, in the discharge of his public dnty, or from infirmity of mind or body, before the completion of the jjeriod which would entitle him to a superannuation allowance, a gratuity not exceeding three months pay for every two years of service. 7. No grant shall be made without one month's previous notice, to be specially given in writing to every member of the vestry or district board, of the proposal to make such grant, and the time when it shall be brought forward. 8. In the construction of this Act the term " Metropolis " shall have the same interpretation as in the Metropolis Management Act, 1855, and Metropolis Management Amendment Act, 1862 ; the words " other parochial body " shall mean all trustees, overseers, and others who make the several rates for the purposes of the vestry or the district board of any district. CHAPTER 90. An Act to amend the law relating to the Public Health, \lth August 1866.] • ••••• Evidence of 41. In any proceedings under the Common Lodging Houses Act, ^a^^of ^° 1851, if the inmates of any house or part of a house allege that they overcrowded are members of the same family, the burden of proving such allega- houses. tion shall lie on the persons making it. \_The whole Act, except s. 41, is repealed by 54 ^, 55 Vict. c. 76, 6'. 142, and the Public Health Act 1896, s. 6.] [29& 30 Vict.] The Metropolitan Coinmons Act 18G6. [Chap. 122.] 357 CI I AFTER 122. An Act to makk Pkovision for thk Impuovemknt, Piujtkction, AND Management of Commons neau the Metropolis. [lOM August 1866.] ^Preamble rep. 56 Vict. c. 14 (;. 2. 358 [Chap. 122.] The Metropolitan Commons Act 1866. [29 & 30 Vict.] Inquiry into memorial.' Preparation of draft scheme. Printing and publication of draft scheme. Objections and sugges- tions respect- ing scheme. Inquiry into scheme by public sittings. Report of Assistant Commis- sioner. Final settle- ment and . approval of scheme. Scheme to state rights affected. Provision for compensa- tion. any one or more of such bodies. [Amended Z2 & 33 Vict. c. 107, s. 3. See also 40 k 41 Vict. c. viii. s. 3 ; 53 & 54 Vict. c. ccxliii. ss. 14 — 21 ; and 61 & 62 Vict. c. ccxxi. s. 61.] 7. On the jDresentation of any memorial nnder this Act the Com- missioners (if on consideration of the memorial they think fit) may make such examination and inq^niry as they think necessary or proper in relation to the subject matter of the memorial. 8. On such examination and inquiry the Commissioners may. if they think fit, prepare the draft of a scheme resjiecting the common or any part thereof. 9. Where the Commissioners prepare the draft of a scheme they shall cause it to be printed, and 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 jiroper abstract of it, to be published and circulated in such manner as they think sufficient for giving information to all parties interested, 10. During two months after the first i^ublication of the draft of a scheme the Commissioners shall receive any objections or suggestions made to them in writing respecting the scheme. 11. At any time after the expiration of those two months, the Commissioners, if they think fit, may refer the draft of the scheme to an Assistant Commissioner. On any such reference the Assistant Commissioner shall proceed to 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, resj^ecting 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 referred shall make a report in writing to the Commissioners setting forth the result of the inquiry, and whether in his opinion the draft of the scheme shonld be approved with or without alteration, and if with any, then with what alteration, and his reasons for the same, and the objections 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, or the receipt by the Commissioners of the report of the Assistant Commissioner (as the case may be), the Commissioners shall pro- ceed to consider any objections or suggestions made to them in writing respecting the scheme, and the report (if any), and thereupon they shall, if they think fit, finally settle and approve ot the scheme in such form as they think expedient. 14. Every scheme shall state what rights (if any) claimed by any person or class of persons are afiected 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 nature in, over, or aflecting a common shall, except with the [29 & 30 Vict.] The Metropolitan Commons Act 1860. [Chap. 12-J.] 359 consent of the person entitled tliereto, be taken away or injuriously affected by any selienie, witliout (•onii)ensHtion beinjr made or provided for the same, and such compensation shall, in case of difference, be ascertained and ])rovided in the same manner as if the same compensation were for tiie compulsory j)urchase and taking or tiie injurious affecting of lands under the provisions of the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Acts Amendment Act, 18GU. 16. If any person claiming any estate, interest, or right in, Appeal over, or affecting the common to wliich any scheme relates is ffrm^naUo'n dissatisfied with any determination made or implied by the < 'om- of Commis- missioners or by the scheme concerning any estate, interest, or sioners. right in, over, or affecting the common, every such ])erson may obtain a decision thereon in an action at law in the maimer ])rovided by section fifty-six of the General Act to facilitate the Liclosure and Improvement of Commons, passed in the session of the eighth and ninth years of the reign of Her present Majesty, J! /jiW^^jg chapter one hundred and eighteen. 17. Every scheme shall contain a i)rovisiou for the sale at all times Printing and of ])rinted copies thereof to all persons desiring to bay the same, at scheme. a i)rice not exceeding a reasonable sum to be fixed by the scheme. 18. Every scheme, when approved by the Commissioners, shall Scheme when be certified by them, and sealed with their common seal. be^cerdfied. 19. When the Commissioners certify a scheme they shall cause printing and ])rinted copies of it to be delivered to the memorialists and to the publication 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 in such manner as they think sutficient for giving information to all parties interested. 20. \_Annual report to he laid before Houses of Parliament. Rep. ij the Commons Act 1899, s. 21.*] 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 '^^PO'^ report relates, and shall state the grounds of their approval thereof, and the ol)jections, if any, made thereto and over-ruled, and all proceedings had in respect of those objections, and the grounds on which they were over-ruled. 22. A scheme certified by the Commissioners shall not of itself Confirmation have any operation, but the same shall have full operation when ^y Acf o/ and as confirmed by Act of Parliament, with such modifications, if parliament, any, as to Parliament seem fit. 23. If in the progress through Parliament of a Bill confirming Reference of any scheme certified by the Commissioners a petition is presented ^^^^g™ com- to either House of Parliament against the scheme, the Bill, as far mittee if as it relates to the scheme petitioned against, may be referred to a opposed. Select Committee, and the petitioner shall be allowed to appearand oppose as in case of a private bill. 24. All expenses incurred by the Commissioners in relation to Expenses of any memorial, or to any scheme consequent thereon, shall be ^lefr^ed by * S. 21 of the Commons Act 1S99 is as follows : " Section twenty of the Metro- memorialists,' politan Commons Act ISClJ is hereby repealed, and the Board of Agriculture shall etc. include in an annual report to rarhament a statement of their proceedings under Part I. of this Act and under the Metropolitan Commons Acts IStWi to 187^, during the year ending the thirty-first day of December then last past, with such particulars as to their proceedings under the last-mentioned Acts as are required by section twenty-one of the Metropolitan Commons Act 186G."' 360 [Chap. 122.] The Metropolitan Commons Act 1866. [29 & 30 Vict.] defrayed by the memorialists, or by any ratepayers or inhabitants of the parish or district in or near to which the common is sitnate, or of the metropolis willing and offering to defray those expenses, or by the local authority if willing and offering to defray the same ; and the Commissioners may, if they think fit, on or at any time after the presentation of the memorial, require the memorialists or those ratepaj^ers 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. Power for 25. The local authority may in relation to any metropolitan local common for which they are the local authority, and the Metropolitan contribute for Board of AVorks * may in relation to any metropolitan common purposes of (although not one for which they are the local authority), contribute scheme, '^ViQ\i amount as they think fit (in a gross sum or by annual pay- ments or otherwise) towards the expenses of executing any scheme under this Act when confirmed by Act of Parliament, including the payment of the compensation (if any) to be paid in pursuance thereof. Expenses 26. All ex]ienditure incurred by a local authority under this of local ^qx, shall be defrayed by them out of the local rate, and all be paM out° expenditure incurred by the Metropolitan Board of Works * under of local rate, this Act, in cases where they are not the local authority, shall be defrayed by them out of the rate which in the first schedule to this Act is described as the local rate in connexion with the Metropolitan Board of Works,* and 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 o sciemes. g^j-^-jfy ^ 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 disability having any estate, interest, or right in, over, or affecting a common is under the disability of infancy, lunacy, or coverture, or other legal disability, 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 jjlace of such lord, commoner, or other person. Consent with 29. Where any estate, interest, or right in, over, or affecting a cfrownor° common belongs to or is enjoyed by Her Majesty, ... in right of Duchy rights, the Crown, or forms part of the possessions of the Duchy of Lancaster or of the Duchy of Cornwall, any consent for the 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 . . . Woods, . . . then by those Commissioners or one of them with the approval of the . . . Treasury; and if it is under the manage- ment of the Commissioners of . . . Works . . . , then by the last-mentioned Commissioners with the like approval : * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). [29 & 30 Vict.] The Metropolitan Commons Act 1866. [Chap. 122.] 361 In the sccondly-mentioiif'd case In' the Chancellor of the Dnchy of Lancaster, by writing nnder iiis hand attested by the ( 'lerk of the ('ouncil of the Dncliy : In the thirdly-mentioned case by the Duke of Cornwiill, or other the persons for the time bein*; empowered to dispose for any purpose of lands of the Dnchy of Cornwall. \\Vords omitted {''■ llcr heirs or sucfi'iinors,^'' ^''Forests ami Land Rerenues" " Commissioners of Her Majesti/^s" " I/er Majestfs/' and '^ and Ptddic Jhrildimjs") rep. 56 Vict. c. 14 (S.L.R.).'] 30. Any lord of a manor, commoner, or other jjcrson having any Power for estate, interest, or rij^ht in, over, or aU'ectinir a comnion niav, bv n^^^^^^^i power of attorney in writing' under his hanil (which shall be cxemjtt to appoint from stamp duty), a])i)oint an agent to act for him for the purposes agent. of any memorial or scheme under this Act. All things by this Act directed or authorized to be done by or with rehition to any lord of a manor, commoner, or other jjersoQ 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 consent or dissent on any matter arising out of the execution of this Act. Every person shall be bound by the acts of any such agent according to the authority committed to him as fully as if the principal had himself acted. Every such i)ower of attorney, or a copy thereof examined and authenticated as a true copy by the signature of a witness or witnesses, shall be deposited with the C^ommissioners. Any such ])ower of attorney may be in the form given in the second schedule to this Act or to the like eifect. 31. AVhere any estate, interest, or right in, over, or ailecting Provision for a common is by deed conveyed for the purposes of a scheme conveyance tmder this Act, with the ajtproval of the Commissioners, the pro- sioners. visions of the Act of the ninth year of the reign of King George !m;. 2. c. 3«j. the JSecond (chapter thirty-six),* " to restrain tlie Disposition of Lands whereby the same become unalienable," shall not apjily to the conveyance. 32. Notwithstanding anything in any other Act, it shall be lawful Power for for Her Majesty, . . . from time to time, for the purposes of a j^'^j^jj^^i^i* ^^i^ scheme under this Act, to grant to any ])ersons or body, for such rights in' estate or interest, and on such terms and subject to such conditions (-ommis- as to Her Majesty, . . . seem meet, all or any part or parts of the ^'*^'^®'^- open and uninclosed lands being wastes of the Koyal ]\Ianor of East Greenwicli in tlie county of Ivent.t and also to so 2 Vict. c. 41, s. 40 (_2). 362 [Chap. 122.] The Metropolitan Commons Act 1866. [29& SOYict.] Even' sncli warrant shall be exempt from stamp duty, and shall be enrolled as conveyances in lands forming part in the land revenues of the Crown in England are required to be inroUed, and the iurolment 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. [ Words omitted (" Her heirs or suc- cessors,'' " or have,'' and " Commissioners of Her Majesty's ") 7^ejj. 56 Vict. c. 14 (S.L.B.).'] SCHEDULES. The First Schedule. Description of Local Authority and Local Rate. Metropolitan Common. A metropolitan common, the whole or any part whereof is situate within the metro- polis as defined by the Me- tropolis Management Act, 1855. A metropolitan common, the whole or any part whereof is situate within the district of a local board constituted under the Public Health Act, 1848, J 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 com- mon. Local Authority. The Metropolitan Board of Works.* The local board. § Local Rate. The rate leviable for defraying the expenses of the Board in the execution of the Metropolis Management Act, 1855, and the Acts amend- ing the same.f The general district rate. The vestry || of the parish in which the common or any part thereof is situate. The poor rate. \_A7nended 61 & 62 Vict. c. 43, s. 2.] The Second Schedule. Form of Power of Attorney. The Metropolitan Commons Act, 1866. I, A.B. of in pursuance of the above-mentioned Act, appoint of to be my agent for all the purposes of that Act [or for a specified purpose under the Act\ Dated this day of 18 . (Signed) A.B. Witness, CD. * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). t Now the county rate. See 51 & 52 Vict. c. 41, s. 3 (1). i Eepealed and replaced by the Public Health Act 1875. § Now the district council. See the Local Government Act 1894, s. 21 (see Appendix). II Now the parish council. See the Local Government Act 1894, s. 6. [29 & -50 Vict.] Kenisinyton Improcement Act IHCiO. [Chai'. cl.] :i03 CllArTEK CL. An Act to exarlk the Metropolitan Boaed of "Works to make Impkovements in the Pauish of Saint Maicv Ajsuotts, Ken- sington, IN the County of Middlesex, by widening High Street and King Street, and forming new Lines of Streets connected therewith ; and for other Purposes. [2sM Jane IsGG.] \_PreambLe recites 18 & 10 Vict, c 12U, a. 144.] 1. \^[ncorj)oration of Lands Clauses Act. Spent.'] 2. In citing this Act for any pnrpose it shall he snfficient to use Short title, the e.xi)ression " Kensington Iniproveiiient Act, IbGO." 3. In this Act the following words and expressions shall have interpreta- the several meanings hereby assigned to them, unless there ]jq ^^'^^ ^^ ^"nn. something in the subject or context repugnant to such construction ; (that is to say,) The word " streets " shall include squares, streets, courts, or alleys, highways, roads, thoroughfares, or public passages or places : The expression '^ the Board " shall mean the Metropolitan Board of Works : * • ••••• [Parts omitted {definition of " Justice^'' " two Justices,'"' and " lessee,''^ and as to meanings of ivords in incorporated Acts^ spent.~\ 4 — 6. S^Board to execute Act — Power to act by committee — Persons interested not eligible for committee. Superseded by the Municipal Corporations Act 1882, s. 22 {see Appendix); and 51 & 52 Vict. c. 41, ss. 40 and 75.] 7. It shall be lawful for the Board to make the improvements Power to and uew streets following : that is to sav, ^^^^^ ^™- A • ^ ■ S IT- I L.^ >! T' i 1 • I ■ provements. An improvement m the High Street, Kensington, by wulening the same on the southern side thereof, such widening to commence at the west side of Young Street, and to terminate westward of the junction of King Street with High Street : A new street in substitution of a jjortion of the present street called King Street, such new street to commenee from and out of High Street to the eastward of the present line of King Street, and to terminate in King Street : An improvotuent of King Street by widening the same on the western side thereof IVom the proposed termination ol" the last-mentioned intended new street towards the place where King Street unites with Kensington Scjuare : A new street commencing from and out ot" Young Street south of the junction of Young Street with High Street, and ter- minating in the intended new street, in substitution of part of King Street, at or near its proposed termination. 8 — 12. \_Streets and works to be made according to deposited plans — Powers to the Board to deviate, to lay out footways, etc., and to stop up streets, etc. — Vesting of .wil of sucli streets in the Board for the purposes of the Act — Power to stop up ways during works, and to raise or lower streets. Spent.] * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). 364 [Chap. 6.] The Metropolitan Poor Act 1867. [30 & 31 Vict.] 13. \_As to laying of pavements, and vesting the same in the board of ivorks * or vestry * in whose district or jmrish they are.'] 14. [Power to the Board to fill up sewers and drains on providing substitutes, which are to be under the same management as existing sewers and drains.] 15. [Power to alter steps, areas, pipes, etc. Spent.] 16. [Ground laid into streets to form part thereof, and to be under the care of the board of works * or vestry * in whose district or 2ytt^'ish it is.] 17 — 29. [Errors and omissions in plans — Power to the Board to sell materials and to survey lands to be taken — Power for com- pulsory purchase limited to 5 years — As to acquisition of lands and compensation — Deficiencies of land tax during icorks — Power to grant building leases of lands not wanted — Sale of ground rents and reversions — Power to sell lands without leasing — Sale of lands 7wt ivanted — Receipts of Board to be effectual discharges. Spent.] 30. [Borrowing powers. Rep. in part 32 & 33 Vict. c. 102, s. 50. Remr. spent.] 31—38. [Financial 2)rovisions. Rep. 32 & 33 Vict. c. 102, s. 50.] 39. [Separate accounts. Superseded 51 & 52 Vict. c. 41, ss. 68 and 71.] 40. [Application of monies borroiced. Spent.] 41. \_Application of monies arising from sales, etc. Rep. 32 & 33 Vict. c. 102, s. 50.] 42 — 44. [As to rehousing persons of the labouring class. Spent.] 45. [Powers of Metropolis Management Acts extended to this Act.] Schedule. [Forms of bond and security for annuity. Spent ; see 32 k 33 Vict. c. 102.] ' 30 & 31 VICTORIA. A.D. 1867. Short title. Interpreta- tion of terms. CHAPTER 6. \ An Act for the Establishment in the Metropolis of Asylums FOR THE Sick, Insane, and other Classes of the Poor, AND OF Dispensaries ; and for the Distribution oyer the Metropolis of Portions of the Charge for Poor Relief ; AND for other PURPOSES RELATING TO PoOR ReLIEF IN THE Metropolis. [29M March 1867.] [Enacting words rep. 56 Vict. c. 14 (S.L.R.).] Preliminary. 1. This Act may be cited as The Metropolitan Poor Act, 1867. 2. In this Act— The term " the Poor Law Acts " means the Act of the session of the fourth and fifth years of King William the Fourth (chapter seventy-six) "for the Amendment and better Ad- ministration of the Laws relating to the Poor in England and Wales," and the Acts extendingr or amending the same. * Now the Metropolitan Borough Council. See 62 & 63 Vict. c. 14, s. 4. t See also 34 Vict. c. 15 ; the I'oor Law Act 1897, and 54 & 55 Vict. c. 76, ss. 55, 67, 79 & 80, 81, 85, 86 and 104. [30 & 31 Vict.] The Metropolitan Poor Act 1867. [Chap. 6.] 365 Words ill this Act liave the same meaning'' as in the Poor Law- Acts. \_Part omitted {meaniruf of the " I'oor Law Amendment Act 0/1844 ") rep. 56 Vict. c. 14 (.S'./>.7t?.).] 3. This Act extends only to unions and ])arishes not in union Limitation of which are wholly or for the ^''t^ater T)art thereof respectivelv in- ■^^^ ^'^ ^^? chided in the nietro])olis as defined Ity the Metropolis Miina^ement Act, 1855; and in this Act the term "the metro})olis" means the metro])oli8 as so defined. 4. Any order of the Poor Law Board* under this Act shall not Orders of be deemed a general order within the o])eration of the Poor Law ii'^^'^^^^^ Acts, althouf^h addressed to more than one union or ])arish. District Asijlams. 5. Asylums to be su])])orted and managed according to the pro- Asylums to visions of this Act may be provided under tliis Act for reception and ^^ prt>vice( . relief of the sick, insane, or infirm, or other class or classes of the poor chargeable in unions and parishes in the metroj)olis (and in this Act the term " asylum " means an asylum provided under this Actj. \_A7nended 34 k 35 Vict. c. 108, s. 10 t ; and see 39 & 40 Vict. c. 61, ... 40.] 6. In order to the provision of asylums, the Poor Law Board * ^P™^!"'" "^^ may from time to time by order combine into districts, unions or parishes, or unions and ])arishes, in the metropolis, as they think fit, and may from time to time alter any such district by addition, sub- division, se])aration of })art or otherwise (and in tliis Act the term "the district" means, in relation to each asylum, the district for which that asylum is for the time being provided). \_Amended 34 & 35 Vict. c. 108, s. 10 f ; aiid see 39 & 4i) Vict. c. 61, s. 40, aiid 45 & 46 Vict. c. 58, s. 9.] 7. For each district there shall be an asylum or asylums, as the Number of Poor Law Board * from time to time by order direct. asylums. 8. For the asylum or asylums of each district there sluill be a Managers of body of managers constituted as in this Act ])rovided, which ^^y^^"^'^- managers and their successors are hereby incor])orat('d liy the name of the Managers of the Asylum Distrii-t, and by that name shall be one body corporate, with j)erpetual succession and a common seal, and with power, subject and accord- ing to the orders of the Poor Law Board,* to take, hold, and dis])ose of lands and other })roperty for purposes of the asylum district (and in this Act the term " the managers " means, in relation to each asylum district, the managers thereof for the time being). 9. The managers shall (su])iect to the provisions of this Act) be of°^'an^e*J.°. partly elective and partly nominated. 10. Elective managers shall be from time to time elected by the Election of guardians of eacli of the several unions and jnirishes forming the '"^^'''e®'"^- * Now the Local Government Board. See the Local Government Board Act Ls"!, s. 2. ■j- S. 10 of the Pauper Inmates Discharge and Hegulation Act ISTI (.'{1 A: Sfj Vict. 0. lOS) is as follows : " AVhere any district hereafter formed by the Poor Law Board for the relief of the casual poor or any other class or classes under section six of the Metropolitan Poor Act, 1S67, is conterminous with any district previously formed under the same section for the relief of some other class or classes, the Poor Law Board may by order direct that the managers of any such last-mentioned district shall be the managers also of all or any of the districts conterminous with it which may be subsequently formed ; and tlie expenses of prt)viding any asylum for the reception and relief of the casual pour under section five of the iletrnpolitan Poor Act, 1867, and the maintenance of such poor therein, shall be repayable in like manner as expenses for the provision of wards for the same class of poor under section sixty-nine of the said Act." 366 [Chap. 6.] The Metropolitan Poor Act 1867. [30 & 31 Vict.] Nomination of managers. Number, qualifications, etc. of managers. Validity of acts of managers notwith- standing vacancies. Probibition against managers being cpn- cerned in contracts. Building for asylum. As to the purchase or hiring of lands, etc. by managers. district from among themselves, or from among ratepayers qualified to be guardians therein, or partly from one and partly from the other. \See also 32 & 33 Vict. c. 63, s. 6.] 11. Nominated managers shall be from time to time nominated by the Poor Law Board * from among Justices of the Peace for any connty or place resident in the district, or from among ratepayers . . . assessed to the poor rate therein on an annual rateable value of not less than forty pounds, or partly from one and partly from the otlier. [ Words omitted (" resident in the district and'''') rep. 31 & 32 Vict. c. 122, s. 9, and 56 Vict. c. 14 (*S./..i?.).] 12. The Poor Law Board * shall from time to time by order prescribe the total number of the managers, and the proportion of the elective and nominated managers (but so that the prescribed number of the nominated managers do not ever exceed one third of the prescribed number of the elective managers), the number of elective managers to be elected for each union or parish in the district, the qualifications of the managers, their tenure of office, the mode and times of election, and the quorum for their meetings. 13. Any act or proceeding of the managers shall not be invalid by reason only of any vacancy in their body, or by reason only of any failure to elect or nominate or any defect or irregularity in or about the election or nomination of any person to be manager, or by reason only of the want of qualification or disqualification of any person acting as manager ; and the managers shall be deemed lawfully con- stituted, and shall act, notwithstanding any such vacancy, failure, defect, irregularity, want of qualification, or disqualification. 14. The provisions of the Poor Law Acts imposing penalties on guardians and their officers if concerned for their own profit in pro- viding or in any contract for the supplying of anything for the use of workhouse or otherwise for the support or maintenance of the poor, and all remedies for recovery of such penalties, shall extend and apply to the managers and their officers. 15. The Poor Law Board * may from time to time by order direct the managers to purchase or hire, or to build, and (in either case) to fit up a building or buildings for the asylum, of such nature and size, and according to such plan, and in sucli manner, as the Poor Law Board * think fit, and the managers shall carry such directions into execution, \_Amended 34 & 35 Vict. c. 15. s. 11, and the Poor Law Act 1897, s. 2.+] 16. The managers shall have for the purposes of the asylum the like powers as are for the time being vested in guardians of unions or ])arishes in the metropolis relative to the purchase or hiring of lands or buildings ; but the consent of any ratej^ayers or owners of property in a union or parish shall not be necessary with respect to any sale, lease, or other disposition of any workhouse, building, or land by guardians or overseers to the managers. \_Amended hij the Poor Laid Act 1897, s. 2 f See also 52 & 53 Vict. c. 56, s. 5.] 17. {Power to borroiv money. Rep. htj the Poor Law Act 1897, s. 3.] * Now the Local Government Board. See the Local Government Board Act 1871, s. 2. t S. 2 of the Poor Law Act, 1897 (60 & 61 Vict. c. 29) is as follows : " 2. The power to provide land and buildings under the Metropolitan Poor Act, 1867, is hereby declared to include power to provide any land or buildings which may, in the opinion of the Local Government Board, be required for the purposes of that Act, and the provisions of section two of the Poor Law Act, 1889, with respect to loans hy guardians [30 & 31 Vict.] T/ie Metropolitan Poor Act 1807. [Chap. 0.] 367 18. The Poor Law Board* nia}' by order directt that unv biiildiiij^ Adaptation for the time beiiij; ill use us a workhouse be, witli siieh altenitions '^'^^ '^Jp^J'"^' as tlie Poor Law Poard * think ht, used for the asylum, and thmce- for'asyiu^rl^. forth that liuihliii-,^ shall be lor the common use of the district accordingly ; and an annual sum in the nature of rent or other cora- jiensatiou of su(di amount as the Poor f^aw Board* from time to tim(! direct shall be paid to the guardians of the union or i)urish to which such building belongs, as long as the same continues to be so used. 19. If iu any such case the managers expend any monev in the Heimburse- improvement or enlargement of the building, or tlu; y)roviding of '"'""^ ^"^ . , sul)stantial fittings therein, and aft(!r\vanls ivliiKjuish the use "iJIiSuire. thereof, the Poor Law Board* may, if they think tit, make an adjustment in respect of that expenditure between the owners of the building and the managers, and direct sucli amount as they think ei[uitable to be reimbursed to the managers by the owners of the building, to be paid at once or by instalments as the Poor Law Board * direct. 20. The managers shall from time to time provide for the asylum Furniture, necessary fixtures, furniture, and conveniences, and such as the ^'^'^■- f'''" Poor Law Board* from time to time by order direct. asylum. 21. The mode of admission of persons into the Asylum shall l)e Mode of such as the Poor Law Board* from time to time by order direct. admission '' into asylum. 22. The managers shall have the like powers as guardians for powers and the relief, maintenance, and management of the inmates of the / the Difitrict Auditor.'^ Act 187'.', .s. 11.] ^fcdical (Jut-door Relief. 38. The I'oor Law lioard * may from time to time, hy order, i'uilding for direct the guardians of a union or parish in the metroj)olis to j)ointed proi^-r persons to be Jis- ^'^^^'^''•■'P*^"""-''^' pensers of medicine at the dispensaries for the union or parish, and may from time to time appoint such other officers and such servants for the purposes of those dispensaries as they think fit. The duties, (jualifications, number, and salaries of tiie dispensers, officers, and servants shall be such as the Poor Law Board * nuiy from time to time approve or by order direct. * Now the Local Government Hoard. See the LocalCTOvernment Board Act 1871, s. 2. 24 370 [Chap. 6.] The MetropolitaJi Poor Act 1867. [30 & 31 Vict.] etc Appointment of district medical oflBcers. Provision and 44, The guardians of each union or parish providing a dispensary medkines^ ° shall from time to time, on the requisition of the dispensary com- mittee, provide proper medicines and appliances and requisites for the care and surgical treatment of the sick poor of the union or parish relieved out of the workhouse, and the same shall be dis- pensed and furnished to such of the poor entitled to relief as require the same, on the prescription or written direction of the district medical officer, subject to such regulations as the Poor Law Board* from time to time by order direct. 45. The district medical officers for a union or parish shall be from time to time appointed by the dispensary committee, subject to the rules and orders of the Poor Law Board * respecting appoint- ment and removal of officers under the Poor Law Acts ; but the district medical officers in office at the time of the dispensary committee entering on their duties shall continue in office as if this Act had not been passed, subject nevertheless to such modifi- cations of arrangements respecting their duties and remuneration, made with them before the passing of this Act, as the Poor Law Board * think fit. Modification 46. For giving efi'ect to the provisions of this Act relating to of districts medical relief out of the workhouse, the Poor Law Board* mav contracts from time to time vary as they think fit medical districts, salaries, with district and contracts with district medical officers, existing at the passing medical Qf ^jjjg ^^^ qj, ^^ j^^-^y ^jj^g thereafter. omcers. DiMrict and Separate 'Schools. 47. So much of section forty-seven of the Poor Law Amend- ment Act . . . 1844 ... as provides for payment by unions as therein mentioned of expenses incurred by any district board in the purchase or hire of any land or buildings for a school, or in erecting, repairing, adding to, or fitting up any building, and the salaries of the officers and servants of the establishment, and other common charges of the school, shall, ... as far as those provisions relate to a district in the metropolis, be repealed. . . . \_Farts omitted Q' from the 29th day of Septeraher next,"" and as to mode of payment of expenses) rep. 06 Vict. c. 14 (S.L.R.), and (repeal of 13 & 14 Vict. c. 11) rep. 38 & 39 Vict. c. 66 {S.L.R.).'] 48. Expenses incurred by a district board constituted under the Poor Law Amendment Act . . . L'^44 for the maintenance of a district school for a district in the metropolis in the purchase or hire of land or buildings for the school, and the salaries of officers, and all other common charges of such school, shall, . . . be def raved by contributions from the unions and parishes forming the district, as in this Act provided. [ Words omitted (" g/'" and '''from the said 29th day of September next'''') rep. 56 Vict. c. \\ (^S.L.B.).'] 49. The Poor Law Board * may from time to time nominate to be members of such a district board such persons as they think fit from among .Justices of the Peace for any county or place resident in the district of the school, or from among ratepayers resident in that district, and assessed to the poor rate therein on an annual rateable value of not less than forty pounds, or partly from one and partly from the other, but so that the number of members so nominated do not ever exceed one third of the full number of the elected members of the board. * Now the Local Government Board. See the Local Government Board Act 1871, s. 2. Certain pro- visions as to charge of expenses of buildings, etc. as in 7 & 8 Vict, c. 101. s. 47. 13 & 14 Yict. c. 11. repealed. Charges for buildings and salaries of officers of district schools. Addition of nominated members to district board. [30 & ;31 Vict.] T/w Met ropoUhni Poor Art \H(\:. [Chap. 0.] 371 Workho'DieK for Classes of Pour. 50. Where, in the opinion of tlie Poor Law Board,* the work- deception in house of a union or T)arish in the metropolis is a(hipted only for ^V^rkhouse- 1 i • c /• -11 • * 1 '^'' poor the rece])rion oi poor persons ot a purticnlar class or particular belonging to classes, hut is capahlc of accoramoS'.L.7?.j.] Notice of call 57, Notice in writing of the amount of every such contribution, tion^"^*^"^"' purporting to be signed by the clerk or other officer of the managers or district board (in a form from time to time prescribed by the Poor Law Board * by order), shall fourteen days at least before such contribution becomes due be delivered to the clerk or acting clerk of the guardians of each union aud parish liable to the contribution, either by post in a letter addressed to him at the office of the union or ])arish or otherwise. Remedies for 58. If the contribution is not duly jjaid the managers or district recovery of hoard shall (in addition to any other remedy which any person "has for the time being against guardians) have the like remedy for recovery of the contribution, or of so much thereof as is not paid, from the overseers or other officers authorized to levy poor rates in tlie several jjarishes (whether comprised in a union or not) in the district, as guardians have for the time being for recovery 4"rom overseers of contributions of parishes ; and if the overseers of any parish in a union pay any money to the managers or district board on account of such contribution they shall be entitled to credit for sucli payment in the accounts of the union with their parish. Medical In-door Relief. Determinna 59. Li order to facilitate provision for the appointment, where tion or varia- requisite, of resident workliouse medical officers, and for better tion of con- tracts with * ^ow the Local Government Board. See the Local Government Board Act 1871, s. 2. [30 & 31 Vict.] The Metrojjolitait Poor Art L>>0:. [Chap. 6.] 373 classification and manaj^ement of the sick poor in a separate workhouse hos])ital or bnildinjj, or in an infirmary kept distinct from the rest "^|!^,^' of tlie workhouse, the Poor Law Hoard * may, Ijy order, determine, or from time to time vary as they think iit, any contract witli any medical or other workhouse officer existino; at the passing of this Act, and direct the guardians to pay to a medical or other officer affected therel)y such coiiiyiensation l»y way of iiurreased salary, or of an annuity, or uf a gross sum, or otherwise, as tlie Poor Law Board* think fit. [Amended 30 & 40 Vict. 6-. 61, s. 41.] Houseless Poor. 60. ^Repeal of ss. \ and 2 of 21 k 2^ Vict. e. 116. Rep. 38 & 30 Vict. c. 66 (^./;./i\).] Metropolitan Common Poor Fund. 61. There sliall he a fund, called The Metropolitan ( 'ommon Establish- Poor Fund, raised according: to the provisions of this Act hv ^*^°*^ "^., ,.,,.',, ,, '^, . i . , - , • ,,^ Metropolitan contril)utions from the several unions, j)arishes, and places m the Common raetro])olis (in this Act referred to as the Common Poor Fund). Poor Fund. 62. Tliere shall be a receiver of the Common Poor Fund (in this Appointment Act referred to as the Receiver), who shall he from time to time ^j common appointed by and shall be removeable by the Poor Law Board,* Fund. and shall receive such salary and give such security (if any) as the Poor Law Board * direct. 63. The Receiver shall o])en an account with . . . the Bank of Keceiver to England, intituled The Account of the Receiver of the Metropolitan ^fB^^^nr* Common Poor Fund for the time being. {Words omitted ('' M^ England. Governor and Company of'') rep. 56 Vict. ^.14 (6'./v.i?.).] 64. The Poor Law Board * shall from time to time assess on the Assessment several unions and parishes in the metropolis the amounts of their ^^ contribu- ,• i. -1 i- j^ i 1 / < !-> T- 1 • i- tions to respective contributions to the ( ommon Poor rund, m ju'oportion common to the annual rateable value of the j)ro])erty therein comprised, to Fund. be determined according to the valuation lists, or, where there are none, according to the latest poor rate for the time being for the union or parish, or on such otlier basis as the Poor Law Board * from time to time direct. 65. The Poor Law Board * shall I'roni time to time issue to the <^]ollection of guardians of each union or parish a precept under the seal of the p^"^"'^'^ Board requiring them to pay the amount of their contribution therein specified, in the manner and witliin the time therein pre- scribed, and tlie guardians shall ai'cordingly raise the amount of their contribution out of the poor rates of the union or parish, and shall pay the same into the Bank of England to the credit of the account of the Receiver ; and no such precept shall be liable to be removed into any court of law by certiorari or otherwise, nor shall any order of the guardians, or any rate made after the passing of this Act, be liable to question in any such court on the ground of its having been made wholly or partly in furtherance of any such precept : Provided always, tliat the guardians sliall be entitled to have credit in part payment of their contribution for the amount which may be re])ayabie to them out of the Common Poor Fund, under the preceyit of the Poor Law Board,* as herein-after mentioned, in respect of expenditure during the preceding half year. * Now the Local Government Board. See tbe Local Government Board Act isTl >. "J. 374 [Chap. 6.] The Metropolitan Poor Act 1867. [30 & 31 Vict.] Collection of contributions by local authority where no poor rate. Levying of rate by local authoritv. Remedies for recovery of contributions. Application of Common Fund. 7 & 8 Vict, c. 101. 66. In order to obtain payment of the amount of the contribution to the Common Poor Fund payable in respect of any place where there is no poor rate, the Poor Law Board * shall from time to time issue to the masters of the bench, treasurer, governors, or other body or persons having the chief control or authority there, a precept requiring them or him to pay the amount of contribution therein specified, in the manner and within the time therein prescribed, and they or he shall pay the same accordingly. [See the Extra-parochial Places Act 1857, .s-. o, noted on p. 241.] 67. In every such place the masters of the bench, treasurer, governors, or other body or persons, may levy on the several persons occupying rateable property therein the amount of contribution so paid by them or him by means of a rate in the nature of a poor rate, and for that purpose may employ and remunerate collectors, and shall have the like powers as are for the time being vested in overseers for the purposes of the making, assessing, levying, and collecting of poor rate. 68. If any contribution to the Common Poor Fund required by the Poor Law Board * to be paid by any guardians, masters of the bench, treasurer, governors, or other body or persons, is not duly paid, the Receiver shall (in addition to any other remedy which any person has for the time being against guardians) have the like remedy for recovery from them or him, in the Receiver's own name, of the contribution, or of so much thereof as is not paid, as guardians have for the time being for recovery from overseers of contributions of parishes ; and for that purpose the precej)t of the Poor Law Board* requiring the contribution shall be conclusive evidence of the amount thereof and of the liability thereto of the party sued. 69. Expenses incurred for the following purposes . . . shall be repaid out of the Common Poor Fund, that is to say, — (1.) For the maintenance of lunatics in asylums, registered hospitals, and licensed houses, and of insane poor in asylums under this Act, except such expenses as are charge- able on the County Rate : \_See 51 & 52 Vict. c. 41, 6-. 68.] (2.) For the maintenance of patients in any asylum specially provided under this Act for patients suffering from fever or smallpox : [Amended btj 52 k 53 Vict. c. 56, s. 3 (4).] (3.) For all medicine and medical and surgical ai3pliances sup- })lied to the poor in receipt of relief by guardians under this Act or any of the Poor Law Acts : (4.) For the salaries of all officers employed by the guardians in and about the relief of the poor by the managers of district schools under " The Poor Law Amendment Act, 1844," and by the managers of asylums under this Act, and also the salaries of the dispensers and other persons employed in dispensaries under this Act, provided the appointments of the officers have been sanctioned by the Poor Law Board * : (5.) For compensation to any medical officer of a workhouse affected by the determination or variation by the Poor Law Board * of a contract respecting medical relief in the workhouse, or for compensation to any officer of a union or parish who may be deprived of his office by reason of the operation of this Act : * Now the Local Government Board. See the Local Government 15oard Act 1S71. s. 2. 28 Vict. [30 & 31 Vict.] T/te Metropolitan Poo?- Act 1867. [Chap. 6.] 375 (6.) For fees for registration of births and deaths : (7.) For fees for and other ex])enses of vaccination : (8.) For maintenance of pauper children in district, separate, certificated, and licensed schools : (9.) For relief of destitute persons certified by the auditor, and j)rovisi()n of tein])orary wards or otlier y)hicos of recejition a])i)ruve(l by the I'oor Law IJoard,* under the Metropolitan ^^ ^,^' Houseless Poor Acts of 1804 and 1805. 28 & 29 Vict [See also 32 & 33 Vict. c. 63, ss. lb and 21 ; 33 & 34 Vict. c. 18, c. 34. ss. I and 2 ; 54 & 55 Vict. c. 76, .^,«. 79 and 104 ; and 61 & 62 Vict, c. 45, s. 1. Words omitted (" after the 2\)th day of September 1867 ") rep. 56 Vict. c. 14 (S.L.R.).'] 70. After each half-yearly audit the auditors shall, within such Mode of time and in such manner as the Poor Law Board * from time to ^j^^^^"^°* time direct, certify to the Poor Law Board * the amount actually rv.mmon expended by each union or ])arish in respect of expenses which Fund. are to be repaid out of the Common Poor Fund ; and the Poor Law Board * shall, by precept under the seal of the Board, direct the Receiver to repay out of that fund to the guardians of the unions and parishes the several sums so ex])ended, and the amount repaid shall be applied by them in aid of the fund chargeable with the relief of the poor. 71. The salaries of the Receiver and his assistants, and all Receiver's expenses incurred by him in the execution of this Act, shall be ^ paid out of the Common Poor Fund. 72. The account of the Receiver at the Bank of England shall g^^g'^j.^f.^''" be drawn on in such manner and according to such regulations as account, the Poor Law Board * from time to time by order direct. Poor Relief under Local Acts. 73. The relief of the poor of every union or parish in the Constitution metropolis governed by a local Act shall, from and after a day to fo/p^aHshe? be stated in an order of the Poor Law Board * in relation to each under lociii union or parish, be, notwithstanding anything in such local Act, Acts, administered by a board of guardians elected according to the Poor Law Acts, and in conformitv with an order of the Poor Law Board.* 74. The guardians so constituted under this Act, notwithstanding Powers of anything in any local Act, shall have the same powers and ^^^^^^^^^^^^^^ authorities, and shall be subject to the same orders, regulations, and restrictions, as guardians elected under the Poor Law Acts. 75 — 76. [Transfer to guardians constituted under this Act of properti/ belonying to parishes or unions governed by local Acts, and held for purposes of poor relief and guardians' business and as to continuance of existing officers. Semble spent.'] 77. Nothing in this Act shall deprive any body constituted having for under a local Act of any power thereby vested 'in them of making ^^'^^^P^^"^ and levying poor rates ; and in relation to guardians constituted bodies, under this Act every such body shall be deemed overseers within the Poor Law Acts as far as regards liability to payment of con- tributions required by guardians for purposes of the relief of the poor in the union or parish. • Now the Local Government Board. See the Local Government Board Act l!<71, s. 2. 376 [Chap. 39.] The Metropolitan Police {Receicer) Act 1867. [30 & 3 1 Vict.] Appointmenl (if officers on failure of manager.-^, etc. Extension of borrowing powers. Provision for orders of removal and of main- tenance. 78. \liejjeal {^o far as theij relate to the metropolis) of so much of .v. 64 as prevents the anion of parishes governed by local Acts, icitJioat consent of the (/aardian.'^, and of s. 65 of the Poor Law Amejidment Act 1844. Rep. 38 & 39 Vict. c. 66 {S.L.R.).'] 79. {^Poiver to Poor Law Board* to nominate additional guardians. Rep. 56 & 57 Vict. c. 73, s. 89.] OJf.cers. 80. In case at any time any managers of an asylum or dispensary committee under this Act, or any board of guardians of a union or parish in the metropolis, fail, for fourteen days after receipt of a requisition of the Poor Law Board * in this behalf, to appoint (either originally or on a vacancy) any officer whom they are by law required or authorized to appoint, then at any time after the expiration of that period of fourteen days the Poor Law Board * may, if they think fit, by order, appoint a fit person to be such officer ; and the person so appointed shall have and perform all tlie same powers, rights, privileges, and duties as if the appoint- ment had been duly made by the managers, committee, or guardians, as the case may be. Borrowing. 81. Where the guardians of a union or parish in the metropolis require to l)orrow money for the purposes and under the authority of the Poor Law Acts, the principal sum borrowed may be any sum not exceeding one half of the aggregate amount of the rates raised for the relief of the poor in that union or parish within three years ending on the twenty-fifth day of March next preceding the borrowing of the money, anything in the said Acts to the contrary notwithstanding. \_See also 52 & 53 Vict. c. 56, s. 2 (6), semble repealing this s. 81.] 82. Nothing in this Act contained shall prevent any board of guardians or churchwardens and overseers from obtaining any order of removal or any order of maintenance in respect of any pauper by reason of the costs and expenses of such pauper being repaid out of the (Jommon Fund. CHAPTER 39. An Act for amending the Law with respect to the Accounts OF the Receiver for the Metropolitan Police District ; and for othee Purposes relating to the Metropolitan Police. \\bth July 1867.] \Preamhle {referring to the audit of the accounts of the Receiver of the Metropolitan Police District under 29 & 30 Vict. c. 39) rep. 56 Vict. c. 14 (6'.i:.i^.).] As to the 1. The amount of all monies received and expended for the accounts to purposes of the Act passed in the tenth year of King George the Parliament. Fourth, chaj)ter forty-four, shall be made up to the 31st day of March . . . in each yeai-, and shall annually be laid before both Houses of Parliament within thirty days after the thirty-first day of March, il' Parliament be then sitting, or within thirty days after the first meeting of' Parliament subsequent to such last-mentioned *■ Now the r>(jcal (J(jvcrnmenl iJoard. Sue the Local Government Hoard Act 1871. s. 2. [3U & 31 Vict.] The Metropolitati Streets Act 1867. [Chap. 134.] 377 day. [ Words omitted (" in lieu of the thi rti/-fij'st da>/ of TJecember ") rep. 56 Vict. c. 14 {S.L.H.).'] 2. [A,s to trnlar;/ of I'eceicfr. Ki'i,. Wi k O:} Vict. c. :iG, .s. 1.] CHAPTER 134. An Act fok regulating thk Traffic in thk .Mktropolis, and FOR MAKING PROVISION FOR THK GKKATKR Sf;CUR[TY OF PERSONS PASSING THROUGH THE STREETS, AND FOR OTHER PURPOSES. [2i.Jj.R.).~\ Preliminari/. 1. This Act may be cited for all pnrjjoses as " The Metropolitan J^hort title. Streets Act, 1807.'" 2. In this Act " the metropolis " shall mean the city of London I'etinition of and all ])arish('s iuid places for the time being within the jnrisdiction poij!^ ™^^'^°' of the Metropolitan Board of Works.* 3. The following expressions for tiie purposes of this Act shall. Definitions: unless the context reiiuires a diti'erent constrnction, have the meanings herein-after assigned to them ; that is to say, "Magistrate" shall, within the city of London and the lilierties " ^^agis- thercof, mean the Lord Mayor of the city of London, or any '^"^^''^ = alderman of tlie said city, sitting alone or witii others at the Mansion House or Guildhall, and in the rest of the metroj)olis shall mean any Metropolitan Police Magistrate : "Commissioner of Police," bevond the limits of the citv of"Commis- London and the liberties thereof, shall mean "the Commis- ^J^/}^^' °,J sioner of Police of the Metropolis," and within such limits " the Commissioner of the Police Force of the City of London and the Liberties thereof : " "Street" shall include any highway or other i)ublic jilace, " street : " whether a thoroughfare or not ; and any of the royal parks, gardens, and possessions which are managed by the Com- missioners of . . . Works, ... in ])arsuance of the Act of the session of the fourteenth and fifteenth years of the reign of Her present Majesty, chapter forty-two, shall, for the purposes of this Act, be deemed to be public places : The word " cattle " shall include bull, ox, cow, heifer, calf, sheep, "cattle." goats, and swine, also horses, mules, and asses, when led in a string or loose. [ Words omitted (" Her Majesty's " and " and Public Buildings ") rep. 56 Vict. c. 14 {S.L.R.).] 4. The expression "the general limits of this Act" shall mean I'^nerai such parts of the metro])olis as are enclosed in a circle of which the ^^"""^ °^ centre is Charing Cross, and the radii are four miles in length, as measured in a straight line from Charing Cross : The expression " the special limits of this Act " shall mean such •Special j^j^ 1 ^-i-i-x iji 3i.i -I limits of streets and portions of streets as may l)e declared to he special .^^^ limits in manner herein-after ])rovided. \_Amended bif the ^[etrOl^olit((n Street.^ Act 1885, .s. "-.'.f] * Now the London County t'ouncil. See f)! & iV2 Vict. c. 41, s. 40 (S). t S. 2 of tlio Metmpolitan Streets Act ISSf) (is Vict. c. 18) is as fullows : "2. In section fnur of tlic Metropolitan Streets Act 1SC.7 -six miles" shall be suh- stituted for 'four miles," and the said Act shall take effect and be construed accordingly." 378 [Chap. 134. J The Metropolitan Streets Act 1867. [30 & 31 Vict.] Prohibition of scavenger- ing except between certain hours. As to the deposit of goods in streets within general limits of Act. Cattle not to be driven through streets within cer- tain hours. Regulations as to metro- politan stage carriages. Prohibition of carriage of adver- tisements, except those approved by Commis- sioner of Police. PART I. • General Regulations. 5. No person shall, . . . between the hours of ten in the morning and seven in the evenino;, in such streets as mav be named bv the Commissioner of Police, remove any ashes, dust, or refuse from any house in any street. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding forty shillings. \_Wor(U omitted {^^ after the 1st day of January 1868") rep. 56 Vict, c. 14 (S.L.B.) See also s. 25 ; a?id 54 & 55 Vict. c. 76, ss. 16 (2) and 30—36.] 6. Xo goods or other articles shall be allowed to rest on any footway or other part of a street within the general limits of this Act, or be otherwise allowed to cause obstruction or inconvenience to the passage of the public, for a longer time than may be abso- lutely necessary for loading or unloading such goods or other articles. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding forty shillings. . . . [Ame?ided, and jjart omitted (certain .spaces to be deemed part of footway^ rep. 31 & 32 Vict. c. 5, >-. 1.* See also 57 Geo. 3, c. xxix. 8. 65.] 7. No person shall drive or conduct any cattle through any street within the general limits of this Act between the hours of ten in the morning and seven in the evening, except with the permission of the Commissioner of the Police. Any person driving or conducting cattle in contravention of this section shall be liable to a penalty not exceeding ten .shillings for each head of cattle so driven or conducted. iSee also 2 & 3 Vict. c. 47, s. 51, and the Islington Parish Act 1857, s. 3.] . • 8. Within the general limits of this Act the driver of a metropolitan stage carriage shall not stop such carriage for the purpose of taking uj) or setting down passengers at any part of a street except as near as may be to the left or near side of the roadway. Any driver of a metropolitan stage carriage acting in contra- vention of this section shall be liable for each offence to a penalty not exceeding forty shillings. 9. No picture, print, board, placard, or notice, except in such form and manner as may be approved of by the Commissioner of Police, shall, by way of advertisement, be carried or distributed^ in any street within the general limits of this Act by any person riding in any vehicle, or on horseback, or being on foot. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding ten shillings. This section shall not apply to the sale of newspapers. [^See also 16 & 17 Vict. c. 33,^ s. 16.] * S. 1 of the Metropolitan Streets Act Amendment Act 1867 (31 & 32 Vict. c. 5) is as follows: "1. The sixth section of 'The Metropolitan Streets Act 1867,' pro- hibiting the deposit of goods in the streets, shall not apply to costermongers, street hawkers, or itinerant traders, so long as they carry on their business in accordance with the regulations from time to time made by the" Commissioner of Police, with the approval of the Secretary of State ; and so much of the said sixth section as refers to the surface of any space" that intei-venes in any street between the footway and the carriageway is hereby repealed."' [30 & 31 Vict.] The Metropolitan Streets Act 1867. [Chap. 134.] 379 Special Lijnits. 10. Tlie Commissioner of Police, with the aj)j)roval of one of Her Power of Majesty'^^ ])rin(;ipal Secretaries of State, may from time to time ^jo^eTof direct tluit any street or j)ortioii of a street within th(? j^enerai p(,iice to limits of tliis Act is to be deemed to be within the sjiecial limits of make special this Act, and may from time to time take any street or portion of a ''™'*'*- street out of tlie special limits of this Act : Provided, 1st. Tliat an order made bv the Commissioner of Police under this section shall not come into eil'ei-t until the expiration of ten days from the date of the approval thereof by the Secretary of State : 2d. Tliat notice that an order has been submitted for the a])proval of the said Secretary of State under this section in respect of any street or ])ortion of a street shall be affixed to a lamp post or otherwise i)lacarde(l in some conspicuous position in or near the street or jjortion of a street to wiiich such intended order relates, and at the principal office of the local authority having charge of such street and of the Metropolitan Police and of the City Police respectively, for not less than twenty-eight days ])reviou8ly to the approval of the said Secretary of State being given to the said order : 3d. That a copy of such order when approved by the said Secre- tary of State shall be published in tlie London Gazette, and also affixed to a lamp post or otherwise ])lacarded in some conspicuous position in or near the street or ])ortion of a street to which the said order relates and shall always during the time that the order is in force be kept so affixed or placarded. A copy of the London Gazette containing any order ])urporting to be made in pursuance of this section shall be evidence of the contents of such order and of the same having been duly made and approved in manner provided by this Act, and until the contrary is proved the provisions of this Act with respect to the affixing or placarding of such order shall be deemed to have been duly complied with. 11. The Commissioner ^^i Police, with the approval of the said ^^_f^jj\l*^^^°°'^. Secretary of vState, and the Commissioner of City Police, with the ^^j/"*^^^^^ consent of the Court of Mayor and Aldermen, and subject to the a])proval of the said Secretary of State, may from time to time make regulations to be observed by all })ersons within the special limits of this Act with respect to the following matters : 1. With respect to the route to be taken by all carts, carriages, or other vehicles, with j)Ower to prohiljit any cart, carriage, or other vehicle from coming int< at any place where he may for the time being be prohibited by regulation of the Commissioner of Police from taking them up or setting them down ; and any driver or conductor acting in contra- vention of this section shall be liable for each offence to a penalty not exceeding forty shillings. 15. Between the hours of ten o'clock in the morning and six o'clock in the evening no coal shall be loaded or unloaded on or coaland'casks across any footway within the special limits of this Act, and in streets. between the same hours and within the same limits no casks, whether empty or full, (wine or spirits in cask excepted,) shall be lowered or drawn up by means of ropes, chains, or other machinery passing across the footway or any part thereof. Any person doing any act in contravention of this section shall be liable for each offence to a penalty not exceeding forty shillings. Prohibition of 16. No person shall, within the special limits of this Act, and carriage of between the hours often in the morning and seven in the evening, except with the permission of the Commissioner of Police, — 1. Drive or conduct along any street any cart, carriage, or other vehicle laden with timber, metal, or any other article which exceeds in length thirty-five feet, or which protrudes more than eight feet six inches behind the vehicle or more than one foot from the sides of the vehicle : 2. Carry in any way along any street any ladder, scaffold pole, or other article which exceeds thirty-five feet in length or eight feet six" inches in breadth : 3. Drive or conduct along any street any cart, waggon, or other vehicle used for conveying goods or merchandise, and drawn by more than four horses : Any person acting in contravention of this section shall for each offence be liable to a penalty not exceeding forty shillings. No penalty shall be imposed on or costs awarded against any person for acting in contravention of this section if such person in special limits. As to the loading and unloading of timber and other large articles between certain hours. [30 & 3i Vict.] The MdropolWm Street!^ Act ISO:. [Chap. 1:54.] 381 prove to the satisfaction of the Magistrate haviii;^ power to impose the penalty that tiic act alleged to be in contravention of this section was done on the occasion of a fire or other sudden emergency with a view to prevent accident, or to save life or j)ro{ierty. Any hyelaw, rule, order, or regulation made or to be made within the city of Jjondon and the liberties tliereof that is inconsistent with this section shall be void. PART n. Hackney Carriayes. 17. The following regulations shall be made with respect to Regulations hackney carriages as defined by the Hackney (Jarriage Acts, and j^^ ^^^ plying witiiin the limits defined for the ])urposes of those Acts : — carnages. 2. The Commissioner of Police of the Metropolis may from time to time cause to be affixed such plate or mark in such position as he thinks expedient to any liackney carriage certified by him to be in a tit condition for ])ublic use, and may cause to be removed such plate or mark whenever such carriage has, after notice to the owner thereof, been determined by him to be in a condition unfit for public use. If any plate or mark adopted l)y the said Commissioner of Police of the Metropolis for distinguishing hackney carriages that are fit for pul^lic use is affixed to any hackney carriage without his authority, or if any plate or mark counterfeiting or resemlding such authorized plate or mark is affixed to any hackney carriage, the owner of the carriage, and also the driver (unless such owner or driver proves that he was ignorant of the plate or mark being affixed to the carriage in contravention of this section), shall be liable for each offence to a penalty not exceeding forty shillings : For the purposes of this Act the expression " Hackney Carriage Acts," shall mean the following Acts : An Act passed in the session of the first and second years of the reign of King William the Fourth, eha])ter twenty-two, intituled " An Act to amend the Laws relating to Hacknev Carriages, and to AVaggous, Carts, and Drays, used in the Metropolis . . . " : An Act i)assed in the session of the sixth and seventh years of the reign of Her present Majesty, chapter eighty-six, intituled " An Act for regulating Hackney and (Stage ( 'arriages in and near London " : An Act i)assed in the session of the thirteenth and fourteenth years of the reign of Hi'r j)resent ^Majesty, chapter seven, in- tituled "An Act for consolidating the ClHce of the Registrar of Metropolitan Public Carriages with the Office of the Com- missioners of Police of the Metropolis, and making other Provisions in regard to the consolidated C>tfiees " : An Act passed in the session of tlie sixteenth and seventeenth years of the reign of Her present i\Iajesty, chapter thirty-three, intituled " An Act for the better Regulation of Metrojiolitan (Stage and Hackney Carriages, and for })rohibiting the Use of Advertising Vehicles '' : An Act passed in the session of the sixteenth and seventeenth years of the reign of Her present Majesty, chapter one hundred 382 [Chap. 134.] The Metropolitan Streets Act 1867. [30 & 31 Vict.] Regulations as to dogs. As to the licensing shoeblacks and mes- sengers. Obstructions at standings prohibited. and tweuty-.seven, intituled '' An Act to reduce the Duties payable in respect of Hackney Carriages used in the Metro- polis, and to amend the Laws relating to the granting of Licences and Payment of Duties in respect of Metropolitan Stage and Hackney Carriages, and to make Provision as to the Charge for the Hire of Hacknev Carriaojes in certain Cases." [Parts omitted (as to lamps on hackney carriages^ rep. 38 & 39 Vict. c. 66 (S.L.R.) ; a7icl (as to part of 'title of I & 2 TT7//. 4, c. 22) rep. 56 Vict. c. 14 (S.L.B.).'] Doqii. 18. The police may take possession of any dog found in any street within the metropolis, and not under the control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention. The Commissioner of Police, if he see fit, may issue a notice requiring any dog while in the streets and not led by some person to be muzzled in such a manner as will admit of the animal lireathing and drinking without obstruction : and the police may take possession of any dog found loose in the streets without such muzzle during the currency of such order, and may detain such dog until the owner has claimed it, has provided a proper muzzle, and has paid all expenses connected with such detention. Where any dog taken possession of by the police wears a collar with the address of any person inscribed thereon, a letter stating the fact of such dog having been taken possession of shall be sent by post to the address inscribed on the collar. The Commissioner of Police may cause any dog which has remained in the possession of the police for three clear days without the owner claiming the same, and paying all expenses incurred by its detention, to be sold or destroyed. Any monies arising from the sale of any dogs in pursuance of this section shall be applied in the manner in which penalties under this Act are applicable. When, upon complaint that any dog has bitten or attempted to bite any person within the metropolis, it appears to the Magistrate having cognizance of such complaint that such dog ought to be destroved, the Magistrate mav direct the doe; to be destroyed, and anv police constable mav destrov the same accordingly : and all dogs detained by the ])olice under this section shall be properly fed and maintained. \_See also 2 & 3 Vict. c. 47, .s-*-. 54 (2) and 61 ; the Dog.-i Act 1^T1, and the Diseases of Animals Act 1894, s. 22 (xxxi.).] Shoebla.chs and Messejigers. 19. The Commissioner of Police may. if he thinks fit, from tiuie to time license street shoeblacks, and commissionaires or messengers to exercise their calling, and appoint places at which they may stand to exercise their respective callings, and direct the numbers of each class who may stand at the appointed places. 20. Every shoeblack, and commissionaire or messenger, other than those authorized by the Commissioner of Police, who occupies the standings appointed by the said Commissioner, or who remains there after being required by a constable on duty to leave, and every person molesting or obstructing any authorized shoeblack, commissionaire, or messenger in the exercise of his calling, and every person not being an authorized shoeblack or commissionaire who fraudulently puts on or imitates the dress, or takes the name, [30& 31 Vict.] The Metropolitan Streets Act 1867. [Chap. 134.] 383 designation, or character, ol" any authorized shoeblack or coiu- missionaire, shall for each otience be liable to a penalty not exceeding forty shillings. 21. S^Amendment of ,ss. 39 and 40 of 2 & 3 Virf. r. 47, relating to faim. Rep. 38 k 39 Vict. c. m {S.L.R.).'] 22. The said Secretary of State or the «Sc 39 Vict. c. m (S.L.R.).^ * See also 51 & 52 Vict. c. 41, s. IG, and the Municipal Corporations Act 1882, s. 23 (see Appendix) and byelaws thereunder in force {inter alia) within the counties of London, Middlesex, Essex, and the boroughs of Kichuiond and Croydon. 384 [Chap. 8.] The London M?j.seum Site Act 1868. [31 & 32 Vict.] 31 & 32 VICTORIA. A.D. 1868. Power to sell lands in schedule for purposes of London Museum. Protection for interests omitted by mistake to be purchased Power to transfer lands, etc. to Department of Science and Art. Hhort title. CHAPTER 8. An Act to provide for the Acquisition of a Site for a Museum IN THE East of London. [28M Fehruani 1868.] \Preamhle recites that the lands described in the schedule farm part of a charity estate situate in the -parish of SaJnt Matthew, Bethnal Green, in the comity of Middlesex* known as the Poors Lands of that parish, and that the same are eligible as a site for the museum 'proposed to be established by the Department of Science and Art in the east of London, and it is expedient that they be sold for that purposed] 1. For the purposes of the said musenm, and purposes connected therewith, the persons for the time being acting as trustees of the said charity estate, or a majority of them, being not less than three fourths of the number of such acting trustees, may sell, and the persons for the time being acting as trustees for the establishment and maintenance of the said museum may jjurchase, all or any part of the said pieces of land, with the rights, easements, and appurtenances actually or by reputation belonging thereto, at such price and on such terms as they agree on, with the approbation of the Charity Commissioners for England and Wales. 2. On the payment of the purchase money, and the execution and delivery to the purchasers of an assurance of the lands sold, the purchasers shall stand seised thereof, absolutely discharged (save as in such assurance may be expressed) from all prior trusts, estates, and claims therein or thereto ; but the provisions of the Lands Clauses Consolidation Act, 1845, with respect to interests in lands which have by mistake been omitted to be purchased, shall apply and take effect as if the lands had been acquired under the provisions of that Act, or as near thereto as circumstances admit ; and those provisions are hereby incorporated with this Act ; and for the purposes of this Act the term " the promoters of the undertaking " used in those provisions shall mean the purchasers under this Act. 3. The purchasers under this Act may hold the lands purchased by them, subject and according to the terms and conditions on which they purchase the same, and to the provisions of this Act, or may, on the request of the Department of Science and Art,t grant or dispose of the same to that Department, or as that Department directs, and the same when so granted or disposed of shall be held subject and according to the terms and conditions on which the same are pnrchased under this Act, and to the provisions of this Act, and shall be used and applied accordingly, and not otherwise ; and no dwelling house shall be erected on any part of the land so pnrchased, except apartments in connexion with the museum itself, to be occupied by the officers thereof. 4. This Act may be cited as the London Museum Site Act, 1868. SCHEDULE. Lands authorized to be purchased. All those two pieces of land situate in the parish of Saint Matthew, Bethnal Green, in the county of Middlesex,* and lying on * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). t Now the Board of Education. See the Board of Education Act 1899. [3i & ',i2 Vict.] 7V(e Police Rafe Art i8(J8.- [Chap. 07.] 38o the ea^t side ot'fhe Cunibridfjff Road there, and comprisiiifr tof^ether the laud formerly known as The Green, as the same arc delineated on the plan drawn in the mar<^iii of a memorandum' of agreement dated the twentv-second day of Novemlier one tiionsand eitrht liuudred and sixty-seven, and made or exjiressed to he made Ijetween' William Howard, esquire, Edward ]']agles, cordwainer, Jtichard Henry Ashlbi-d, pawnbroker, HoJjert Brookes, gentleman, Joseph Hamilton Cox, gentleman, William Englehurtt, silk manufacturer, Nathaniel Hardingham, gentlenum, William Kolx-i't Frederick Tjane, surgeon, John JMillar, surgeon, William Mundy, builder, .James ►Smart, surgeon, and (ieorgi; Samuel Webb, gentleman, inhabitants of the parish of Saint Matthew, Bethnal Green, of the one part, and the ]leverend Septimus Cox Holmes Hansard, rector of the same parish, Antonio Brady of Stratford in the county of Essex, esrpiire, and .John IMoxon Clabon of 21 Great George Street, Westminster, esquire, of the other part, and are thereon coloured green, which said pieces of land are now in the several occupations of Symonds and Gardinci". CHAPTER ('.:. An Act to amend the Law relating to the Funds provided for defjiaying the expenses of the ^metropolitan police. [3l6-< Jal>/ 1868.] [Preamble {reciting that the expenses of the Metropolitan Police are defrayed out of an annual sum limited not to exceed Sd. in the £ on the full annual value of all propertij rateable for the relief of the poor within the parisJies, to/rnships, preeinct,s, and places described in the Acts /-elating to the Metiopolitan Police) rep. oi\ Met. c. 14 {S.L.R.).'] 1. This Act may be cited for all [mrposes as "The Police Rate short title. Act, 18()8." 2. The annual sum to be ])rovided in pursuance of the . . . Acts Manner of for defraying the expenses of the ^letropolitau Police Force shall d.frayinsr not exceed ninepence in the ])ound, calculated on such value as e^'P'-'^ses of ,. -1 r^,, , ,,^ 7 /^/ J u -7" I ^ Metropolitan aioresaid. . . . [^Parts omitted (the icord ' said^ and as to one- poUce Force. quarter of such annual sum being contributed bg the Treasurg and three-quarters raised bg a rate) rep. bg the Police Expenses Act 1875.* See also .">! it 52 Vict. c. 41, s. 24.] 3. Tiiere shall be paid to each Assistant Commissioner of Police Allowance to in addition to his salary, as an allowance for house rent, such annual Assistant sum not exceeding three liundred pounds as may from time to time ^■'^"^™i*- be directed by one of Her i\Iuiesty's ])rincipal Secretaries of State, house. witli the assent of the . . . Treasury, and any allowance so paitl shall be deemed to be part of the expenses of the Metropolitan Police. \_Rep. {with sating for existing officers) '52 it 03 Vict. c. 2(3, s. 1. Aiyiended A~ k 48 Vict. c. 10, s. 3. Words omittet/ (" Com- missioners of Her Majeslg's"") rep. 50 ]'ict. c. 14 (.S.A./i.).] 4. \_Pepeal of the Metropolitan Police Act 1833, and s. lu of 20 & 21 ]'ict. c. 64 : Acts relating to the Metropolitan Police to mean the following Acts : 10 Geo. 4. r. 44 ; 2 & 3 Met. c. 47 : 19 & 20 Vict. c. 2 ; 20 it 21 Vict. c. 04 : 24 it 25 ]'ict. r. 124. Hep. 56 Vict. c. 14 (S.L.P.).] * RcpciUed bv 06 k JT Vii-t. c oi (^S.L.K.). 25 386 [Chap. 106.] The Metropolitan Fairs Act 1868. [31 & 32 Vict.] Construction of Act. 5. This Act shall be construed as one with the said Acts relating to the Metropolitan Police, and all the provisions of snch Acts, save in so far as they are hereby varied or repealed, shall continue in full force. Short title. Power to summon owner and occupier of ground on which fair is held. Service of summons. Act cumu- lative. CHAPTER 100. * An Act for the Prevention of the holding of unlawful Fairs avithin the Limits of the Metropolitan Police District. [316-?' Julj 1S68.] [Preamble rep. 06 Vict. c. 14 {8.L.R.').'] 1. This Act mav be cited for all purposes as " The Metropolitan Fairs Act, 1868."' 2. T\'here any fair is holden or notice is given of any fair pro- posed to be holden on any ground within the metropolitan police district other than that on which a fair has been holden during each of the seven years immediately preceding, it shall be competent for the Commissioner of Police to direct one of the superintendents of the Metropolitan Police Force to summon the owner or occupier of the ground upon which such fair is holden to appear before a Magistrate forthwith, or at a time to be specified in the summons, to show his right and title to hold such fair ; and if such owner or occupier do not attend in pursuance of such summons, or does not show to the Magistrate who hears the case sufficient cause to believe that such fair is lawfully holden, the Magistrate shall declare in writing such fair to be unlawful, and the Commissioner shall give notice of such declaration by causing copies thereof to be affixed on and near the ground where such fair is holden or proposed to be holden ; and after such notice has been affixed for the space of six hours the Commissioner of Police may direct any constable to remove every booth, standing, and tent, and every carriage of whatsoever kind, conveyed to or being upon the ground for the purpose of holding or continuing such fair, and to take into custody every person erecting, pitching, or fixing, or assisting to erect, pitch, or fix, any such booth, standing, or tent : and every person hiring, accompanying, or conveyed in every such carriage, and everi'' person resorting to such ground with any show or instrument of gambling or amusement, and every person convicted before a Magistrate of any of the ofi'ences aforesaid, shall be liable to a penaltv of not more than ten pounds. [See also 2 (t 3 Vict. c. 47, ss. 38 ^and 39.] 3. A summons under this Act may be served on the owner or occupier of any ground personally or by leaving the same at his usual or last known place of abode, or, if the name of such owner or occupier or his j^lace of abode is not known to the police, by putting up such summons in a conspicuous place on the ground where the fair is holden or proposed to be holden, and it shall not be necessary to name the owner or occupier in the summons, but he may be described as the owner or occupier of the ground. 4. All powers conferred by this Act shall be deemed to be in addition to, and not in derogation of, any other powers conferred * The Fairs Acts 1871 and 1873 empower the Secretary of State for the Home Department, on a representation from the Justices or the owner, to abolish fairs with the consent of the owner, or to alter the days on which they are held. [31 & 32 Vict.] The Poor Faiw Ameiulmct/ Ad 1868. [Chap. 122.J 387 by any other Act (rf I'urliunioiit, and any such otlier powers may be exercised us if tliis Act had not passed. 5. This Act, «o far as is consistent with the tenor thereof, shall be Construction construed as one witli the Acts relating to the Metropolitan Police. ^^ ^''^■ CHAPTEH 122. An Act to makk further Amendments in the Laws for TriE Kelief of THE Poor in England and Wales. I'Mst Jul;/ 1808.] l^Preamble.'] • ••••• 9. . . . So much of tiie Metroj)olitan Poor Act, 1867, as reijuires I'rovision for persons, other than Justices of the Peace, nominated by the Poor ^a'/incies and Law Board * as managers or guardiaijs, to be tesident within the of^managere district, union, or parish respectively for which they may be under the nominated, shall be repealed. ' " ' Metropolitan ' ^ Poor Act. 11. . . . All the expenses and charges which, according to the New basis for })rovisions of the Poor Law Amendment Act, 1844, would be j!^® ^".°*"''"* chargeable upon the common fund of any district formed or to be school and formed under that Act or under this Act, shall be borne by the several other unions or parishes comprised in the district according to the annual 'districts, rateable value of the pro])erty therein comprised, to be determined according to the valuation lists in force in such unions, and according to the latest poor rate for the time being for the parishes not in union, or, so far as respects any district wholly or partially within the metropolis, as defined by tlie Metropolis Poor Act, 1867, on such other basis as the Poor Law Board * shall from time to time direct. [Part omitted {repeal of the School Districts Act 1850 in respect of ami (/ebtf<, charges^ or liabilities to be incurred after 29th September 18'68) rep. 56 Vict. c. 14 (S.L.P.).'] • > • • t • 35. . . . The term "promoters of the undertaking" in set-tion Explanation fifty-two of the last-mentioned Act t shall be deemed to have included ^/. '^^ ^ ^^ managers nnd guardians desirous of purchasing lands for any of the s. 52'. purposes of the Poor Law Acts as therein defined. \_Pa/-t omitted (as to extension of time for the repayment of loans) rep. 6U & 61 Vict. c. 29, s. 3.] ■ \_The parts of the Act omitted are not special to London.'] CHAPTER Vll. An Act to enable the Metropolitan Board of Works to make Improvements in the Parish of Saint Marylebone in the County of Middlesex by forming a new Street in lieu of Stingo Lank from the Marylebone Hoad to Upper York Street. [2".>M May 1868.] [Preamble recites Is & 11) Vict. c. 12t>, ,s. 144, and that the Metropolitan Board of Works (in this Act called '■^ the Board") * Now the Local Government Board. See the Local Governiuent Board Act 1871, s. 2, t T.c. ;^0 .<: 31 Vict. r. C. make new- street 388 [Chap, vii.] ^<^r:f/lebon^ {Stlngo^Lam) tmprmement ^3 j ^ 3^ y^^^ -j hare deposited ivith the Clerk of the Peace for Middlesex a plan of the proposed new street.^ Short title. 1. In citing this Act for any purpose it shall be sufficient to use the expression " Marylebone (Stingo Lane) Improvement Act, 1868." ^. [^Incorporation of Lands Clauses Acts. Spent.] Interpieta- 3. In this Act the following words and expressions have the tion of terms, several meanings hereby assigned to them, unless there be some- thing in the subject or context repugnant to such construction ; (that is to say,) • • • • ' • The word " streets " shall include squares, streets, courts, or alleys, highways, roads, thoroughfares, or public passages or places : The expression " the Board " shall mean the Metropolitan Board of Works : • •«••• [Farts omitted ((lefnitiorts of ''^ Justice j" ^Hwo Justices^'' ^^Marylebone Vestry,''' and " lessee^'' and as to meanings of words in Acts incorporated) spent.] 4 — 6. [Board to execute Act — Poiver to act by committee — Persons interested not eligible for committee. Superseded by the Municipal Corporations Act 1882, s. 22 (see Ajjpendi.jc) ; and 51 & 52 Vict. c. 41, ss. 40 and 75 ; and now spent.] Power TO 7. It shall be lawful for the Board to make the new street following ; that is to say, A new street commencing in the Marylebone Road at or near the point where Stingo Lane unites with that road, and ter- minating at or in Upper York Street at or near the place where Stingo Lane unites with Upper York Street. 8 — 12. [Streets and other works and improcements authorized by the Act to be made according to deposited plans — Power to deviate — Power to lay out footways, etc. — Power to the Board to alter and stop up streets as shown on the deposited plans and resting of soil thereof in the Board for the purposes of the Act — Poiver to stop up ways during execution of the Act and to raise or lower streets. Spent.^ 13. [Incorpjoration of s.^. 13—16 and 22—29 of 29 & 30 Vict, c. cl. Spent. See notes on these sections which apply here.] 14 — 18. [Errors and omissions in plans — Power to the Board to sell materials and, to survey land to be taken and to treat for lands — Power for compulsory purchase limited to 3 years. Spent.'] 19. [Borrowi?ig powers. Rep. in part 32 & 33 Vict. c. 102, s. 50 ; remr. spent.] 20 — 26. [Financial provisions. Rep. 32 & 33 Vict. c. 102,5.50.] 27. [Separate accounts. Spent ; and see 51 & 52 Vict. c. 41, s. 71.] 28. [Apjpjlication of monies borrowed. Spent.] 29. [Application of monies arising from sales. Rep. 32 & 33 Vict. c. 102, s. 50.] 30—31. [Marylebone Vestry to contribute to the extent of half cost of the improvements. Spent.] 32. [As to talking houses of labouring class persons. Spent.] 33. [Powers of Metropolis Management Acts extended to this Act. Spent.] ro^sroo^r. -i ^'^''^ Thame Si EmhankmeM {^orth rr< -t oor. [31 & 32 Vict.] ^^^^ ^,^^^^^^ ^^^ ^^^^ [Chap, cx,.] 389 CHAPTER CXI. An Act for altering thk .Sti;krts in communication with thk Emrankmknt on the North Side of the Thames, i-or giving Effect to an ARRANCiEMEXT with the South-eastern Hail- way Company with resi'Ect to the Pier at Hungerford, and to an Arrangement with the Metropolitan District Railway Company, and for amending some of the Prcere authorized, to make (inter alia) certain streets more ■particularly described in para.yraphs 4, 5 and of s. S thereof] and that it would be of yreat j/ublic adrantaye if the streets de- scribed in the said parayraphs were altered and portions thereof abandoned and if streets partly in substitution for the streets so abandoned and partly new ivere made as folloirs : A new street or road {Xo. 1.) wholly in the parish of 'Saint Marti n- in-the- Fields^ commenciny at the eastern end of Whitehall Place, and terminatiny in the embankment roadway authorized by the Embardiment Act of 1802 at or near to Chariny Cross Railway Bridye, and on the south-western side thereof : A new or substituted street or road {So. 2.) irli.olly in the parish of Saint Martin-in-the- Fields, commenciny from and out of Villiers Street at the south-eastern end thereof, and ter- minatiny at or near its point of intersection by the netc street or road No. 3. ; A new street or road {So. 3.) wholly in the parish of Saint Martin- in-the-Fields, commencing from and out of the intended street {No. 1.) at or near and on the south-western side of the Chariny Cross Railway Bridye, nearly opposite to the disused wliarf leading from Great Scotland Yard called Percy Wharf, passing through the opening under and adjacent to the Middlesex abutment of the said bridge, and terminating in the intended nen- street {No. 2.) at or near the south-eastern end of I'illiers Street: A new street or road {No. 4.) in the parishes of Saint Marti n-in- the-Fields, Saint Clement Danes, and Saint John the Baptist, Saroy, or the precinct of Savoy, or any of them, commencing in the parish of Saint Martin-in-the-Fields by a junction with the new street No. 3. at its eastern termination, and also with the neic street No. 2., and terminating in the parish of Saint John the Baptist, Saroy, or the precinct of Saroy, nearly 0})posite to the centre of the western front of Someiset House : and recites that it is expedient to repeal certain provisions of the Emban/,'me?it Act of 1862, and recites that with reference to the steamboat pier and landing place at Hungerford . formerly belonging to the Charing Cross Railway Company, but under the Charing Cross Rai la-ay Acts 1803 and 1804 rested in the South-eastern Raihvay Company, an arrangement {in this Act called the South- eastern arrangement) has been made between the South-eastern * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). 390 [Chap, cxi.] The Thames Embankment {North and South) Act 1868. [31 & 32 Vict.] Short title. Interpreta- Railicay Company and the Board that the Board shall proude a. ^floating landing stage and other works at an agreed point, amd tha.t the same shall be vested in the Company in substitution for their present landing stage and tvorks, and that the powers of the (Jo7npany shall be transferred to the new landing stage and works ; and recites that by s. 8 of 2Q & 27 Vict. c. 75 precision is ?nade for the mainten- ance by the Board of certain draw docks and works at Broad Street and Ferry Street, Lambeth, and that an arrangement has been made bettveen the vestry of St. Mary, Lambeth, and the Board that the formation of the Ferry Street draw dock shall be di,rpensed with, and, that the Board shall construct an iron landing pier at or near the end of Church Street in accordance with a design to be prepared by the chief engineer of the Board, and approved by the Board and the vestry and by the Conservators of the River Thames {if such approval is required), and that the Board shall form a double 10 feet way under the embankment roaJway at or near to White Hart Dock ■with a headway increased to 8 feet in substitution for that dock as heretofore existing.'] 1. This Act may be cited as " The Thames Embankment (North and South) Act, 1868." 2. [Incorporation of Lands Clauses Consolidation Acts. Spent.'] 3. With respect to the interpretation of terms in and for the pur- tion of terms, poses of this Act, the following provisions shall have effect; namely, In this Act the term " the works " means the new streets, roads, and approaches, and widenings, alterations, and improve- ments of existing streets, roads, approaches, quays, thorough- fares, courts, alleys, passages, and places authorized by this Act : In this Act the term " street " includes any square, street, high- way, road, lane, mews, footway, thoroughfare, or public place, court, alley, or passage, whether a thoroughfare or not, and a part of any such square, street, highway, road, lane, mews, footway, thoroughfare, or public place, court, alley, or passage. [Parts omitted {defnitions of " Court of competent jurisdiction,^'' '' superior Courts,^' and " sheriff," and as to meanings of words in Acts incorporated) spent.] 4. The Board shall abandon the making of so much of the new streets authorized by the Embankment Act of 1862, and described in paragraphs four, five, and six of section eight of that Act (recited in this Act), as do not form part of the new streets shown on the amended deposited plans signed by Basil Thomas "Woodd esquire, and shown and coloured thereon by red lines and colours, and numbered 1, 2, 3, and 4. 5. [As to compensation to persons interested, in lands purchased for the purposes of the portions of the streets authorized to be abandoned by this Act, for all injury sustained by them by reason of the pmrchase not being cotnpleted. Spent.] 6. Subject to the provisions of this Act and of the Acts incor- ])orated with this Act, the Board may make, execute, and maintain in the lines and situations and according to the levels described on the amended deposited plans and sections the streets herein- before Abandon- ment of authorized streets. Power to make works and take lands. roi f omr,.,„n '^he Thames Embankment (North r/. -n om [31 & 32 VicT.J ^^^^^^ ^^,^^^^/^^ ^^^^ jg^g; [Chap, cxi.] 391 described shown on the amended deposited plans, and marked and colonred as streets No. 1, 2, 3, and 4, with such roadways, footways, ])avements, sewers, drains, works, and conveniences as the Board think necessary or proper, and may enter on, take, hold, and use all or such of the lands described in the said deposited plans and book of reference as they re(|uire for that i)urpose. 7 — 11. [Time for compulsory purchase of lands limited to 3 years — Errors and omissions in deposited plans and books of reference — Saving the rights of the Duke of Northumberland — Power to deviate — Interference with works of the Charing Cross Railway. Spent.'] 12. Tliere shall be incorporated with this Act sections 32 to 30, New streets both inclusive, of the Embankment Act of lsf;2 relatinjc to leases l^l.'^P^'^ °^ and sales by the Board, and to tlie application of money arising Embankment therefrom, and to matters connected therewith respectively, and works, (subject to the provisions of this Act) the works shall be deemed to be further works within the meaning of section 10 of the Embankment Act of 1n62. [See also 02 k 03 Vict. c. ccxxxvii. ss. 19 — 23, superseding ss. 32 — 34 and semble ss. 35 and 36, incorporated^ 13. [Powers to make connecting works and stop up and appro- priate certain streets within limits of deviation. Spent.] 14. The Board may make under the intended new streets an Power to arched passage or covered way (hereiu-aftor called the subway) for ™*^^ ■^'^^' such purposes as they think lit, with all communications, works, and ^*^^' things necessary or proper for the convenient use thereof, and the same subway, communications, works, and things shall be deemed part of the works authorized by this Act, and the same shall (not- withstanding anything in this Act) belong to and be vested in the Board, and shall be maintained and repaired by the Board ; and the Board may permit the use of the subway for the purpose of the laying down of gas or water pipes or telegraph wires, or for any other like works or purpose, on such terms and conditions and for such period as the Board and any company or person agree ; and the Board may sell, convey, or demise any right to any company or person for any of the purposes aforesaid, and may make such stipu- lations for preventing injury to the adjoining property and for the security of the public as the Board think proper, and may agree to refer to arbitration any matter in difference under this section. [See also 56 & 57 Vict. c. ccii.] 15. [As to taking houses of labouring class persons. Spent.] 16. So soon as the landing stage to be constructed by the Board Powers of under the South-eastern arrangement has been constructed and Company in placed as provided by the arrangement, and the present landing subrtuuted stage has been removed, the South-eastern Railway Company shall landing stage, have and may exercise and enjoy the same rights, powers, ami authorities of taking tolls and dues, and all otlier rights, advan- tages, powers, ])rivileges, authorities, and easements whatsoever, and shall be subject to the same duties and obligations affecting the public in respect of the landing stage to be ])rovi(led as aforesaid, as they now have, exercise, and enjoy and are subject to as regards the present landing stage ; and any mortgage, lease, or other dealing by the Company in respect of the tolls authorized to be taken at their present landing stage shall apply to the tolls to be taken at the intended landing stage to be substituted as if such last-mentioned 392 [Chap, cxi.] The Thames Embankment {North ami South) Act 1868. [31 & 32 Vict.] Section 8 of Act of 1863 repealed. Reclaimed land to be dedicated to the use of the public. Section 53 of the Act of 1862 to be read as apply- ing to street No. 1 under this Act. Repeal of parts of Act of 1862. For the pro- tection of the Charing Cross Railway. tolls were the tolls authorized to be taken at the present landing stage. \_See 4 Edw. 7, c. cciii. s. 39.] 17. Section eight of the Thames Embankment Act, 1863, relating to the draw docks at Ferry Street and Broad Street, is by this Act repealed, but the Board shall carry into effect and fulfil the con- ditions of the arrangement before recited between the Board and the Vestry of Lambeth. 18. \Borrowiiui poicers. Rep. in part 32 k 33 Vict. c. 102, s. 50. Remr. superseded b)/ the London Count i/ Council (Mone^/) Acts 1875 —1904.] 19—22. [Fi7iancial proa.non.s. Rep. 32 & 33 Vict. c. 102, s. 50.] 23. All the land reclaimed or to be reclaimed from the River Thames on the south of the streets thirdly and fourthly herein- before described, and not required for streets or roads, nor otherwise specifically appropriated by the provisions of this Act, or required for such stations, ventilators, or works of the Metropolitan District Railway as the Company are not by the Metropolitan District Rail- way Act, 1864, precluded from constructing, and lying between an imaginary line drawn from the eastern boundary of the houses on the east side of Cecil Street to the embankment roadway on the east, and the Crown lands on the west, and the embankment road- wav on the south, and all the lands reclaimed from the Thames between the Adelphi estate and the new street fourthly described, together with the lands to be reclaimed between the southern side of the approach road shown on the plan marked C, referred to in the Embankment Act of 1862, leading towards Norfolk Street, Surrey Street, and Arundel Street, shall for ever hereafter be vested in and maintained by the Board for the use of the public as places of recreation or ornamental grounds, and the expenses incident to such maintenance shall be deemed to be expenses of the Board in the execution of the Act 18 and 19 Victoria, chapter 120, and all the parts of the metropolis shall be deemed to be equally benefited by all the sums so expended by the Board. \_See also 33 k 34 Vict. c. xcii. s. 5.] 24. Section 53 of the Act of 1862 shall be read and have effect as if the new street (No. 1.) by this Act authorized to be made in con- tinuation of Whitehall Place had in that section been substituted for the street in continuation of Whitehall Place and the street in continuation of Northumberland Street in such section referred to. 25. The following provisions of the Embankment Act of 1862 are hereby repealed : namely. Section 26, relating to dedication of reclaimed land for jniblic use : Section 55, relating to the Charing Cross Railway Bridge : Section 61, relating to the Adelphi Estate : Section 82, relating to the precinct of the Savoy and lands of the duchy of Lancaster. 26. [As to foot communication from Adam Street to the new street or road. No. 4. Rep. 33 & 34 Vict. c. xcii. s. 4.] 27. The following provisions shall be in force for the protection of the Charing Cross Bridge and Railway and other works and ]iro- perty of the South-eastern Railway Company, and the same shall be observed and fulfilled by the Board accordingly, unless otherwise mutually agreed in writing by the Board and the Company under their respective common seals ; (that is to say,) roi f oo T7- -1 "^f^he Thames Emhayikmeyit (North rn„^^ „„: i oqq [31 & 32 Vict.] ^^^^^^ ,,^^^^^^^ ^^^^ ^^^^ [Chap, cxi.] 393 1. The Board shall not interfere with, purchase, or take any lands, property, or works helongin<^ to tlie Sonth-eastern Railway Company without their consent in writing, exce])t such land as shall be required for the actual construction of the streets shown on the said amended deposited plans and sections : 2. No ])nilding, shed, or other structure shall be erected under the (Sharing Cross Bridge, or witliin a distance of fifty feet from the Charing Cross Station, or the land under the said bridge : 3. The Middlesex abutment of the said bridge shall form the northern boundary of tlie proposed street No. 3 shown on the said de])Osited plans, and the lands and ])roperty of the South-eastern Kailway (Jompany shall form the western boundary of the proposed street No. 2. from the point D. to the point G. shown on the amended de])Osited plans, to the intent that the South-eastern Baihvay Com])any may have free access to such streets iVom tlieir projierty, and the • South-eastern Railway ('omi)any shall be entitled to such access accordingly : 4. The South-eastern Hail way ( 'ompany shall be entitled, in respect of any land and i)ro])erty ])urchased from them by the Board, to the right of pre-emption wiiich is conferred upon owners of land in certain cases by the Lands Clauses Consolidaticm Act, 1845, notwithstanding such land and pro])erty so j)urchased are situate within a town, or are lands built upon or used for building purposes. 28. \_S. 54 of the Embankment Act 8. t Now the mayor, commonalty, and citizens of the city of London, See the City of London Sewers Act 1897. X See footnotes to the preamble of 23 & 24 Vict. c. 125 (page 284). _ Interpreta- tion of terms. 398 [CHAr. cxxv.] nr City of London Gas Act 1868. [31 & 32 Vict.] Certain sections of 23 & 24 A'ict. c. 125, as in schedule to this Act. repealed. The term " quarter " means a quarter of a year reckoned from the first day of January, first day of April, first day of July, and first day of October in each year ; The term " day " means (except in this section) twenty-four hours reckoned from nine o'clock in the forenoon of one day to nine o'clock in the forenoon of the next following day, so much of each day as is before nine o'clock in the forenoon being reckoned as part of the immediately preceding day of the montli or week ; The term " caudles " means such candles as are described in section 25 of the Act of 1860 ; and this Act shall be read as one with the Act of 1860. 3. Such parts of the Act of 1860 as are described in the first schedule to this Act, and any part of any special Act of any Company inconsistent with this Act, so far only as they respectively relate to the Companies and the city, are hereby repealed as from the thirtieth day of Sej^tember one thousand eight hundred and sixty- eight, and the Act of 1800 so amended shall, as to all the Companies mentioned in the preamble of the said Act, be read throughout as if the Board of Trade had Ijeen inserted therein instead of Her Majesty's principal Secretary of State for the Home Department. 4 — 17. [^Provisions as to purchase {by agreement) by the Corpora- tion within 3 years of any undertakings so far as supplying the city. Spent {purchase not carried out).^ 18 — 23. [Provisions as to ejfecting amalgamation of Companies snpplying in the city by Schemes a.jjproredby the Board of Trade and confirmed by Orders in Council. Sjjent. See note on pjreamble of 23 &24 Vict. c. 125, jo. 284.] Sale of copies. 24. Each amalgamated Company shall at all times keep at their principal office printed copies of the scheme relating to the Company, with the confirming Order in Council, and shall sell copies to all persons desiring to buy the same, at a reasonable rate, not exceeding sixpence for each copy. If any Comj^any fail to comply with this provision they shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds for every day during which such failure continues after the first penalty is incurred. 25 — 28. \_Pro'cisions as to ditidends. Pep, by the Gaslight ^ Coke Company's Act 1876, s. 8.] Appointment of referees. Continuance of referees. Quorum, etc. of referees. Gas Referees. 29. The Board of Trade shall as soon as may be after the passing of this Act appoint three competent and impartial persons, one at least of them having practical knowledge and experience in the manufacture and supply of gas, who shall be called the gas referees (and who are in this Act referred to as the gas referees), and in case of a vacancy happening among them by death, resignation, or otherwise shall appoint a competent and impartial person to fill the vacancy, one at least of the three being always qualified as aforesaid. 30. Every person appointed to be one of the gas referees shall continue in office for one year only from the date of his appointment, but shall be capable of reappointment. 31. Two of the gas referees shall be a quorum, and at least two of the referees shall concur in every act or determination of the referees. [31 & 32 Vict.] The City of London Gas Act 1868. [Chap, cxxv.] 399 32. A copy of each certificate of the gas referees rei[uired by Ccriificates this Act shall be sent by them to the Corporation, and to each of of referees, the Companies. 33 — 84. \_As to testing for illuminating power and jmriti/. Rep. by the. (jaslight c\- Coke Connjanys Act 1870, 5. 8.] 85. A Company sup])lyin<( <^as to jHiblic lamps, or the Com- Governors for missioners of hewers,* may at their own expense cause to be afHxed '^^^^^^ lamps, to each lamp the instrument known as a street lamp governor, and the Commissioners of Sewers * or the Company (as the case recpiires) shall be entitled to have access tliereto for the purpose of examining the same ; and in case any dispute arises between the Company and the Commissioners of Sewers* with reference to the afHxing, operation, or inspection of governors, the same shall be referred to the determination of the chief gas examiner, whose decision shall be iinal and conclusive. 86. A Comj)any shall not charge a higher price per one thousand i^imit of cubic feet for gas supplied to the Commissioners of Sewers * than ^,ag'^^,^'/j'J[e(j the lowest price per one thousand cubic feet charged by them at fo pubHc'^ the same time to any private customer, but if the Company contend, lamps. as against the Commissioners of Sewers,* that there are special circumstances justifying them in charging a lower price to any other customer, the c^uestion shall be determined by arbitration whether or not such lower price shall be taken as the standard for the price to be charged to the Commissioners of Sewers,* and the price fixed by such arbitration shall continue for two years at least.t 87. Section thirty-eight of the Act of 186U shall be read as if Settlement of the Lands Clauses Consolidation Act, 1845, were therein mentioned ^^f^'j.^^"?^^ ''•^' instead of the Companies Clauses Consolidation Act, 1845. 88. Each Comi)any shall, within six months of the passing of Company to this Act, make a map of the district within which their mains or™^^®.^'"^P pipes may be laid to a scale of not less than five feet to a mile, appliances'^ and shall show thereupon the lines, sizes, and depth beneath the beneath the surface of all their existing mains or pipes, excepting the service P^^Uc ways, pipes to separate houses, and the positions of all valves, syphons, and other appliances, and shall once in every year, on or before the thirty-first day of December, correct such map and make such alterations in or additions thereto as may be necessary to show correctly, as near as may be, the lines, positions, sizes, and depths of the various jnpes, and also their appliances, and shall keep such map in the principal ollice of the Company, and the same shall be open to the inspection of the Commissioners of Sewers * and their officers, and to the public generally, who may inspect or take copies of or extracts of the same ; and the Company may charge and take the sum of one shilling for each inspection of such map, and the further sum of two shillings and sixpence for each extract, tracing, or copy taken of such map. * Now the mayor, commonalty, and citizens of London. See the City of London Sewers Act 1897. t S. 39 of the Scheme for the amalgamation of the London Gaslight Company with the Gaslight & Coke Company (1883) contains the following proviso": " Provided also that the United Company shall not charge in tiic districts of the London Company south of tlie lUver Tliames, a higher price per 1000 cubic feet of sixteen candle gas, either for public or private lighting, than the price for the time being charged by the South Metropolitan Gas Company for gas of the same illuminating power, and section 8G of the City of London G":us Actr IStSS, shall apply as against the United Company to the whole "of the public lamps supplied with gas of similar quality, but not to private consumers, within their districts north of the Thames." 400 [Chap, cxxxv.] (Ch,U.n^ Art I8fi« [^1 & ^^ Vict.] {Chelsea) Act 1868. dispute. Penalty on 39^ If the Company fail to comply with any requirements of this defaulT'"^ ^^ ^^^ ^^ respect of sach map they shall for every such offence forfeit and pay any sum which two Justices of the Peace may adjudge, not exceeding the sum of fifty pounds. Deposit in 90. Where a dispute arises between a Company and one of their ntf^nf! customers respecting any ])ayment to be made to the Company, if the customer deposits with the Company, by way of security, the amount claimed by them, it shall not be lawful for the Company to discontinue a supply of gas to the customer by reason of the dispute ; but nothing herein shall authorize a Company, where such deposit is not made, to discontinue a sui)ply of gas to the customer in any case in which they would not have been authorized to do so if this Act had not been passed. 91 — 92. [^l.s- to expenses of executing Act. Rep. by the Gas- Ii(/ht (j- Coke Compantfs Act 1876, s. 8.] 93. {^Expenses of obtaining Act. Spent.~\ The SCHEDULE to which the foregoing Act refers. Parts of Metropolis Gas Act, 1860, so Jar as t/iet/ relate to the city, repealed. Section two, as far as it incorporates the provisions of the Gasworks Clauses Act, 1847, with respect to the amount of profit to be received by the undertakers from the gasworks carried on for their benefit, or imposes any restriction on a Company in respect of the rate of dividend. Sections seven to twelve, both inclusive. Sections twenty-five to thirty-four, both inclusive. Section thirty-seven. Sections forty and forty-one. CHAPTER CXXXV. * An Act to enable the Metropolitan Board of Works to EMBANK THE RiVER ThAMES BETWEEN THE ROYAL HoSPPfAL AT Chelsea and Battersea Bridge in the County of Middlesex, and to make a Roadway and other Works connected THEREWITH ; AND FOR OTHER PURPOSES. [13;'/^ July 1868.] \Prearnhle recites that the making by the Metropolitan Board of Works (in this Act referred to us the Board ■\) of an embankment on the Middlesex bank of the River Thames, commencing in the parishes of St. Mary Abbott Kensington and St. Luke Chelsea, or one of them, at or near the emhankment in front of the public gardens of the Ro>/al Hospital at Chelsea, and terminating at Battersea Bridge, and that the formation of a roadway upon the said embankment will be of great jjuhlic utility ; and recites 24 & 25 Vict. c. 42 J ; 25 & 26 Vict, c. 93 ; 26 & 27 Vict. cc. 45 and 75 ; 27 & 28 Vict. f. 113 § ; 31 & 32 Vict. cc. 17, 1 43,1j and cxi. ; and the deposit of pdans tcith the Clerk of the Peace for Middlesex.^ * See 39 & 40 Vict. c. Lxxix. s. ?A. f Now the London Countv Council. See 51 & 52 Vict. c. 41, s. 40 (8). X Rep. 55 & 56 Vict. c. 19"(S.L.R.). § Rep. bv the Thames Conservancy Act 1894 (see Appendix). II Rep. 56 Vict. c. 14 (S.L.R.). *| Rep. 32 & 33 Vict. e. 102, s. 50. roi p oo-ir ^ n ^^he Thames Embankment rn t .r.-, [31 & 32 Vict.] ^ ^.^^^^^.^^^ ^^.^ j ^^^^ [Chap, cxxxv.] 401 1. This Act may be cited as " The Thames Embankment (Chelsea) Short title. Act, 1868." 2. {^Incorporation of Lands Clauses Acts. Spent.'] 3. With res])ect to the interpretation of terms in and for the interpreta- purposes of this Act the following provisions shall have eflFect ; ''^° °^ terms, namely, *■•••■ In this Act the term " the works " means the embankment, river wall, roadway, approaches, alterations in streets, and other works anthorized by this Act : In this Act the term " street " includes any sqnare, street, high- way, road, lane, mews, footway, thoron<,Hifare, or public place, court, alley, or passage, whether a thoroughfare or not, and a part of any such square, street, highway, road, lane, mews, footway, thoroughfare, or pu])lic place, court, alley, or passage. \_Part omitted {definitions of ^^ Court of competent jurisdiction'" and '' superior Courts,'''' and as to meanings of loords in Acts incor- porated) spent.] 4. [Power to make works and take lands according to deposited plans. Spent.] 5. There shall be incorporated with this Act sections . . . forty- Sections 23, eight, forty-nine, and fifty of the Thames Embankment Act, 1^62, ^g' ^^'^^5^ ^^ (relating to . . . damage to embankment by means of vessels, 25'& 26 vict. and as to penalties and application thereof,) and for this purpose c. 93. incor- the term "this Act" and terms of reference thereto used in any of P"""^*^®^- the sections last enumerated shall be taken to mean or refer to the present Act. \_Fa}'t omitted {incorporation of ss. 23, 24, and 40 of 1 862 Act, as to taking of parts of lands, correction of errors, and costs of arbitrations) spent.] 6 — 12. [Power to the Board to purchase easements — Time for compulsorg purchase of lands limited to 5 years — For the protec- tion of Earl Cadogan — As to taking trees opposite Cheyne Walk — For the protection of Mr. Sloane Stanley. Spent.] 13. [Power to interfere with Batter sea Bridge and Albert Bridge. Spent; and see 40 & 41 Vict. c. xcix.] 14 — 15. [Powers to make subsidiary and connecting works, to stop up and appropriate streets, etc., shown on deposited plans. Spent.] 16. The Board may make under the intended roadway an arched rower to I)assage or covered way (herein-after called the subway) for such °^''^^ ^"^" purposes as they think tit, with all communications, works, and ^^^^' things necessary or ])roper for the convenient use thereof, and the same subway, communications, works, and things shall be deemed part of the works authorized by this Act, and tlie same shall (notwithstanding anytliing in this Act) belong to and be vested in the Board, and shall be maintained and repaired by the Board, and the Board may permit the use of the subway for the purpose of the laying down of gas or water pipes or telegrapli wires, or for any other like w^orks or purpof^e, on such terms and contlitions and for such period as the Board and any company or person agree; and the Board may sell, convey, or demise any right to any company or person for any of the jmrposes aforesaid, and may make such stipulations for preventing injury to the adjoining property and for the security of the public as the Board think proper, and may 26 402 [Chap, cxxxv.] The Thames Embankment {Chelsea) Act 1868. I_31 & 32 Vict.] SectioHs 19, 20, 21, and incorporated Provision as to Crown frontage. agree to refer to arbitration any matter in difference under this section. \_See also 56 & 57 Vict. c. ccii.] 17 — 20. \^As to taking houses of labouring class j^ersons — Decia- tion — As to taking soil from the Thames for making the embankment — As to deepening the bed of the river and levelling holes caused thereby. Spent.'] 21. There shall be incorporated with this Act sections . . . twenty- one and twenty-two of the Thames Embankment Act of 1862 g to . . . the substitution of piers and other conveniences, and to the maintenance and repair of the embankment, and to matters connected therewith respectively), and for this purpose the respective terms "this Act" and " the said embankment," and terms of reference thereto respectively used in any of the sections last enumerated, shall be taken to mean or refer to the present Act and the works by the present Act authorized. \_Part omitted, {incorporation of ss. 19 and 20 of the 1862 Act, as to approval of plans by the Conservators, and the exhibition of lights during construction of tvorks) spent.'] 22 — 26. '[Approval of ivorks by the Board, of Trade — Alteration of water, gas, and other pipes — Power to lay out carriageways and footways. Spent.] 27. [Ground, laid, into roadway to form part of public street, and the roadway to be under the same management of the vestries,* district boards,* commissioners, or persons, as other streets in the parishes, districts, or places in which the same is situate. See 39 & 40 Vict, c. Ixxix. s. 34.] 28. [Incorporation of ss. 27, 32—34, and 37 of 25 & 26 Vict, c. 93. Spent as to incorporation of s. 27 ; superseded as to incor- poration of ss. 32 — 34 by 62 & 63 Vict. c. ccxxxvii. ss. 19 — 23 ; and as to incorporation of s. 37 rep. 32 & 33 Vict. c. 102, s. 50.] 29. [Borrowing powers. Superseded by the Metropolitan Board of Works {Loans) Acts 1869 — 1871, and the London County Council {Money) Acts 1875—1904.] 30 — 32. [Financial provisions. Rep. '^2 & 33 Vict. c. 102, s. 50.] 33. [Saving the rights of the Crown.] 34. Whereas a copy of the deposited plans and sections (which copy is herein-after called the Crown plans) has been prepared, on which certain parts of the bed or foreshore of the River Thames up to high-water mark belonging to or claimed by Her Majesty as part of the hereditary laud revenues of the Crown are coloured blue, light brown, and green, and certain land adjacent thereto is coloured red and dark brown, the line of embankment and roadway by this Act authorized being coloured light and dark brown, and the Crown plans have been signed by one of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues : Be it enacted, that the Crown plans shall be deposited at the office of Land Revenue Records and Inrolments, and it shall not be lawful for the Board in the construction of the intended embankment, roadway, or works to make any deviation from the levels defined in the sections shown on the Crown plans, nor from the centre line of roadway shown thereon, without the consent in writing of one of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, it being intended that, as regards the works by this Act authorized in front or to the * Xow the Metropolitan Borough Councils. See 62 & 63 Vict. c. 14, s. 4. [32 & 33 Vict.] Amendment Act 1869. C^^ap. 63.] 403 south of the Crown hind coloured red on the Crown jjhins, such works shall be wholly constructed on the land coloured li^ht and dark brown on such ])lans. 35. ... It sliall be lawful for Her Majesty, Hor heirs and sue- Works to be €essors, or the Commissioners for tiie time being of Her Majesty's 'lo"'= "oitiox^ Woods, Forests, and Land Revenues, or any lessees or tenants under [j^ot^^^nds Her Majesty, to construct any vaults or cellars under the embankment opened to €r roadway to be constructed upon the land coloured brown ujion public the Crown ])lans, and also to liave access to and to make any openings into such roadway from the land coloured red on the Crown ])lans. \^Part omitted {Board to fill up level and to wall or fence f he part of the foresliore coloured blue hfnig between the intended roadiva;/ and the present rker frontage before the roadway is open to the public) spent. '] 36. \_Lands coloured blue to remain rested in the Crown.'] 37. It shall not be lawful for the Board to erect any building No buiWing or structure whatever (other than a paraj)et wail or railing not '^^'^ ^^ V^^^f^*^ exceeding four feet in height) on any part of the embankment ment"opp^jsite coloured brown on the said Crown })lans without the consent in land in which writing of the Commissioners of Her Maiesty's AVoods, Forests, and ^''""^'P '""^f Til, ,. , 1 J 7 J rested with- Land itevenues, or one oi them. out consent. 38. \_noard to fence off lands coloured blue and dark brown from lands coloured red before commencing works. Spent.] 39. \_Crown lessee of the rirer frontage adjacent to the lands coloured blue to hare the option of taking irithin 3 years a lease of the reclaimed land adjacent to his property for the terms of his leases. Spent.] 40 — 41. \_No compensation to be paid to the Crown in respect of land above high-water mark and as to mode of ascertaining the interest of the Croivn and Thames Conservators in certain lands. Spent.] 42. [_Saving the lights of the Thames Conservators.] 43. \_Saving the rights of the Commissioners of Works.] 44. \_Expenses of obtaining Act. Spent.] 32 & 33 VICTORIA. A.D. 1869. CHAPTER 63. An Act to amend The METUoroLiTAN Poor Act, 1867. [dth August I860.] [Freatnble rep. 56 & 57 Vict. c. 54 (S.L.I^.).] 1. The Poor Law Board,* as and when they shall see fit, may Poor Law dissolve any asylum or school district contained wholly or partly in ^'^'*rd em- the metropolis, and upon such dissolution shall . . . provide for di'.^^sohT the compensation of the officers and other persons employed therein, asyUim and in like manner as wlion a union is dissolved under the authoritv oP*^.'^"?*^^ ^^f" * TFlf*!^ Jinn the thirty-second section of the Poor Law Amendment Act, ls84 : unions. . . . and prior to issuing any order dissolving such district, the said Board may by their order empower the managers of such district to sell and dispose of any laud, buildings, or other property belonging * >;o\v the Local Government Board. See the Loral Government Board Act 1S71. s. 2. 404 [Chap. 63.] The Metropolitan Poor Amendment Act 1869. [32 & 33 Vict.] Provision for the amalga- mation of the several parts of a district into one union. Provision for parish work- house in unions upon which union money has been ex- pended. Poor Law Board em- powered to adjust parts of divided parishes. Provision for the dealing with the property vested in a board of guardians of a parish on the dissolu- tion of the board. to them, and to apply the produce thereof in discharge of the debts and liabilities then outstanding against such managers, and to distribute any surplus which may remain among the parishes or unions comprised therein according to their original proportions, and if the said district shall be dissolved before the same shall be sold, the said Board may by their order empower the persons who were the managers of the district at the time of its dissolution, or the major part of them, to make such sale, and to convey the land to the purchaser thereof, and to apply and distribute the produce accordingly. \Part8 omitted (as to adjustmerd of 7ngkts and liabilities of parishes and unions in any district dissolved and repeal of so mucli of s. 32 of Poor Law Amendment Act 1834 as requires the concurrence of two-thirds of the guardians in the dissolution) rej>. 46 & 47 Vict. c. 39 (S.L.B.), and hy the Poor Law {Dissolution of School Districts and Adjustments) Act 1903).] 2. Where the union or unions and parish or parishes, or unions or parishes, constituting any district formed under The Poor Law Amendment Act, 1844, or under The Metro])olitan Poor Act, 1867, shall have been or shall be formed into one union for the relief of the poor, all the property, real and personal, of the board of managers shall be transferred to, and shall vest in, the guardians of the said union, and the liabilities, obligations, and debts of the said board of managers shall be, in like manner, transferred to and be discharged by the said guardians. 3. Where the guardians of any union shall at any time, under the orders of the Poor Law Commissioners * or the Poor Law Board,* have borrowed money and expended it upon the improvement or enlargement of the workhouse or other property belonging to any parish comprised within the union, and such workhouse or property shall afterwards be sold or let, the guardians shall be entitled to receive out of the purchase money or rents such an amount as in the judgment of the Poor Law Board * shall appear reasonable, and the same shall be appropriated for the benefit of the said union in such manner as the said Board shall by their order direct. 4. Where several parts of any parish are sej^arated from one another and it shall appear to the Poor Law Board * that the relief to the poor in such j^arish can be better administered by means of a readjustment of those parts, the said Board may, by an order under seal, make a readjustment of such parts, by incorporation with an adjoining parish or otherwise, in such manner as shall seem to them to be most expedient. . . . \_Pa7't omitted, {as to adjustment of rights and liabilities of parts of parishes affected) rep. by the Poor Law {Dissolution of School Districts and Adjustments) Act 1903.] 5. Where upon the constitution of a board of guardians for any parish under the order of the Poor Law Commissioners * or the Poor Law Board * any workhouse, land, goods, etfects, or other real or personal estate then vested in or belonging to any body or persons in trust for the parish, became vested in or transferred to such guardians, and the board so constituted has been or shall be dissolved or has otherwise ceased or shall cease to exist, such workhouse, land, goods, elfects, or other real or personal estate shall, upon such dissolution or cessation, be by virtue of this Act revested in and transferred to the body or persons if still subsisting in whom the same were vested, or to whom the same belonged when any such * Now the Local Government Board. See the Local Government Board Act 1871, s. 2. ron Sr rto ^Trr.n.i ^^^ MetropoUtau Poor ^n ^-o -i tr.^ [32 & 33 Vict.] Amendment Act 1869. C^hap. 63.] 405 board was constituted, to be held upon the same trusts and with the same riglits and obligations as existed when the property was previously lield by such body or persons, and subject to all obliga- tions lawi'iilly created by the said board wliile the same was vested in them ; and if there should be no such body or ])ersons subsisting in whom the same can be so vested, and as regards all jn'operty acquired by the said board otherwise than as aforesaid, the same shall in like manner, u})on such dissolution or cessation, vest in and be transferred to the churchwardens and overseers of the poor, or the overseers of the poor only, as the case may be, of the said parish, upon such trusts, with the same rights and subject to the same obligations as aforesaid. , . . \^Pa7't omitted {i-epeal of .•>•. 17 of 30 & 31 Vict. c. lOG) rep. 46 & 47 Vict. c. 39 (^S.L.R.).'] 6. The qualification of managers referred to in section liJ of The Qualification Metropolitan Poor Act, l«(i7, shall be deemed to have been and to '^^ ^^^^^^" be that which the Poor Law Board * are empowered to prescribe by distrfcts™ the twelfth section of the said Act. 7. When any parish or union comprised in a district formed as Provision for aforesaid shall have been, or shall be added to a union, or shall be the acting formed into a union with some other parish, without being separated aparlshln from the district, every manager elected or nominated for such a district parish or union shall continue to act as a member of the board of ^^^^^!"^^ managers for such district until the term for which he was elected added to a or nominated shall have exjjired, and the board of management union, shall continue to be legally constituted, notwithstanding any such change in the separate parishes or unions combined therein ; and where the Poor Law Board * shall have nominated guardians in any union or parish, the board of guardians shall continue to be legally constituted, and such nominated guardians to be qualified to act until the expiration of the term for which they were nominated, notwithstanding any increase in the number of ex-officio guardians in the meantime. 8. Every registrar of births and deaths or marriages acting for Registrars of any district in a union or parish, on or after the twenty-fourth ^^^^^^^ ^°'^ day of June one thousand eight hundred and sixty-nine, shall be continue in entitled to continue in office notwithstanding the dissolution of the office not- union, or the addition or separation from a union of the parish or Y.^thstanding j)arishes comprising the district for which he acts, to the same of union. extent as if such dissolution, addition, or separation had not taken place. . . . [^Fart omitted (as to registrars ivhose offices determine before passing of Act^ rep. 46 & 47 Vict. c. 39 {S.L.R.).'] 9. . . . The sums of money now borrowed or hereafter to be How loans in borrowed by the managers of any district under the authority of ^,''*^"'''*^ t° that or any subsequent Act shall, with interest thereon, be charged upon and paid oif out of the common fund of the district. \_Part omitted {^repeal of s. 17, par. 2, of 'iO & 31 Vict. c. 6) 7-ep. 46 & 47 Vict. c. 39 {S.L.R.).'] 10. \_S. 24 of the Poor Law Amendment Act, 1868, extended to auditors under 30 & 31 Vict. c. 6. Rep. 46 k 47 Vict. c. 39 {S.L.R.).'] 11. The guardians of any union or parish and the managers of Guardians anv school or asvlum district mav, with the consent of the Poor ^"l^'",'^.^!" -r ' n t M. \ 1 • ' 1 • • ^ 1' i uiay provide Law Board,* purchase, lure, or otherwise acquire and lit up and ships for the furnish one or more ships to be used for the training of boys for training of * Now the Local Government Board. See the Local Government Board Act 1871, s. 2. ^^ service. 406 [Chap. 63.] The Metropolitan Poor Amendment Act 1869. [32 & 33 VicT.J Where dis- pensary pro- vided the establish- ment of a dispensary committee not to be peremptory. Where a dispensary is provided, guardians shall provide a place for the attend- ance of sick poor and medical officer. If guardians refuse or neglect to provide a dispensary, no allowance to be made out of Metro- politan Com- mon Fund for medicinesand medical offi- cers salaries. Vaccination expenses. Arrange- ments with public general hospitals. Guardians may provide in their workhouses for the main- tenance of particular classes of poor, and receive therein poor of the same class from other unions and parishes. the sea service, and every such ship shall be deemed to be a school or asylum, as the case may be, within the meaning of " The Metro- politan Poor Act, 1867," and the several Acts therein referred to as " the Poor Law Acts " respectively. 12. AVhere the guardians of any union or parish provide a dis- pensary for their union or parish, it shall not be necessary that a dispensary committee shall be appointed for such dispensary unless the guardians apply to tlie Poor Law Board * to issue an order for that purpose and the Poor Law Board * issue such order accordingly, 13. If the guardians provide a place for the dispensing of medi- cines for the relief of the sick poor of the union or parish, or of a district therein, under the authority of any other Act than The Metropolitan Poor Act, 1867, they shall, if required by the Poor Law Board * to do so, jDrovide a proper room at such place where the medical officer of such union or parish, or of the district comprising such place, may see such of the sick poor as attend there for advice, and every medical officer of the union, parish, or district, as the case may be, shall, personally or by his authorized substitute, attend at that place during the times to be fixed for this purpose by the said guardians with the approval of the Poor Law Board.* 14. If the guardians of any union or parish, after being required by the said Board * to provide a dispensary under The Metropolitan Poor Act, 1867, or under the authority of any other Act, neglect or refuse to comply with such requisition, no repayment shall be made from the Metropolitan Common Poor Fund to the guardians of such union or parish in respect of any medicine or medical or surgical appliances supplied by them to the poor of the union or parish, or in respect of the salaries of the medical officers of such union or parish, until the guardians provide a dispensary in conformity with the requisition of the Poor Law Board,* from which time the right to such repayment shall again accrue. 15. No expenses of vaccination shall be repaid out of the said fund which shall have been incurred without the authority or without the approval of the Poor Law Board.* 16. It shall be lawful for any board of guardians, with the consent of the Poor Law Board,* to enter into arrangements with any public general hospital or dispensary situate within the limits of the parish or union for wliich the said board act, to receive and treat pauper patients on terms to be arranged between the board of guardians, with the sanction of the Poor Law Board,* and the authorities of the hospital or dispensary, as the case may be. 17. The guardians of any union or parish may, with the approval of the Poor Law Board,* set apart any ward or portion of their workhouse for the reception of particular classes or descriptions of poor persons, and provide separate maintenance and treatment for them therein, subject to such regulations as the said Board may at any time order or approve of, and may, with their consent, receive and maintain therein any poor person of the same class or description chargeable to any other union or parish upon such terms as shall be mutually agreed upon by the respective boards of guardians ; and every such poor person so received into such workhouse shall, while therein, be treated in all respects in like manner, and be subject to the same regulations and liabilities as the other poor persons of the same class or condition, and shall be deemed to be * Now the Local Government Board. See the Local Government Board Act 1871, s. 2. r32&33ViCTl The Metropolitan Poor [Chap. 63.] 407 LO^ (X, oo viLi. J Amendment Act l^iy'^i. "- -^ charfreable in the first instance to the common fund of the union or to the parish in whose workiiouse such poor person shall be received ; })rovided that the abiding of such poor person in such workhouse shall in all other respects be attended with the same le^al conse(|uences as if such workhf)Use had Iteen situated within the union or ])arish from which such poor person shall have been sent. 18. The compensation payable to any officer of a union or parish Compen^. who shall be deprived of his office by reason of the parish being J.^^^'^^^^^ ^^ added to or taken from a union, or tlie union ])eing dissolved or the Metropo- altcred, and any com])ensation awarded by the Poor Law Board * litan i^'om- under section one of this Act, shall be paid by the guardians of p^°^ "'"^ such one of the parishes or unions affected by the addition, altera- tion, or dissolution, as the Poor Law Board * may l)y order direct, and sJiall be repaid to such guardians out of the jMetropolitan Common Poor Fund. 19. In computing the time of the services of any officer of a Provision as union or parish who shall be deprived of his office by reason of the J^nfeTf'"'^*"^ parish being added to or taken from a union, or the union being service of dissolved or altered, any period during whicli such officer shall have "®^^^ , been in the service of a vestry, district boaril, or other parochial officTunder board of the same jjarish shall, with the consent of such vestry, this Act. district board, or other parochial board, be included. 20. \_Repeal of so much of s. 29 of 30 & 31 Vict. c. 6 as authorizes the use of any as>/bim for the sick or insane as a medical school. Rep. 46' & 47 Vict. c. 3U {S.L.R.). But see 52 & 53 Vict. c. 56, s. 4.] 21. The cost of the maintenance and instrnction of orphan or Maintenance deserted children placed out by the guardians of any parish or c^^rg^^to union, with the consent of the Poor Law Board,* shall be repaid to Common the guardians from the Metropolitan Common Poor Fund. Fund. 22. When the boundaries between any two parishes are irregular Readjust- or inconvenient, it shall be lawful for the vestries of such parishes ™oTndaries to enter into an agreement to re-adjust such boundaries, and such between two agreement shall be submitted to the Poor Law Board* for their parishes by approval, and such Board shall, if they tiiink fit, by an order ander ^|gj^™^° seal, confirm such agreement, and shall make such regulations for the adjustment of the rights and liabilities of the parishes aflected by the said order as the nature of the case shall in their judgment require. \_See the Local Government Act, 1894, s. 36 (13) (see Appendix), and 62 & 63 Vict. c. 14, «. 16 (1, c.).] 23. The term "common fund of the district" shall mean the Jnterpreta- „ , . , , ^ ., . ,. ^, . , • 1 v • - tion clause, fund raised by contributions from the unions and parishes lorming the district assessed on and contributed by them in conformity with the provisions of The Metropolitan Poor Act, 1867, and words in this Act shall be construed in like manner as in The Metropolitan Poor Act, 1S()7, and The Poor Law Amendment Act, 1834, and subsequent Acts amending and extending the same, and the pro- visions contained in the said several Acts and not repealed shall, so far as they shall be consistent herewith, be extended to this Act. 24. This Act shall, except where otherwise provided, apply to the ^^^""^^^^ metropolis only. metropolis. 25. This Act may be cited and described for all ]mrposes as The short title. Metropolitan Poor Amendment Act, 1669. * Now the Local Government Board. See the Local Government Board Act 1871, s. 2. 408 [Chap. 67.] The Valuation {Metropolis) Act 1869. [32 & 33 Vict.] Act to be construed as one with 25 & 26 Vict. 0. 103. and 27 & 28 Vict. c. 39. Short title. Extent of Act. 18 & 19 Vict. c. 120. Definitions. ' Metro- polis : " " Parish : " " Union : " " Kate- payer : " " Year : " ' ' Surveyor of taxes : " " Overseers " Vestry clerk : " CHAPTER 67. An Act to provide for Uniformity in the Assessment of Rateable Property in the Metropolis, \9itk August 1869.] [Preamble rep. 56 & 57 Vict. c. 54 (^.L.T?.)] Preliminary. 1. The Union Assessment Committee Act, 1862,* is in this Act referred to as " the principal Act ; " and the principal Act, and the Union Assessment Committee Act, 1864,* (amending the same,) shall for the purposes of this Act, and so far as is consistent with the tenor thereof, be incorporated with this Act ; and the expression " this Act " in the principal Act, and any expression referring to the principal Act which occurs in the said Act amending the same, or in any other Act or document, shall, as regards places to which this Act extends, be construed to mean the principal Act as incor- porated with this Act. 2. This Act (including the Acts incorporated herewith) may be cited as The Valuation (Metropolis) Act, 1869. 3. This Act shall extend 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 f appointed under The Metropolis Management Act, 1855. 4. In this Act, unless the context otherwise requires, — The term " metropolis " means the unions and parishes to which this Act extends : The term " parish " means any place for which a separate poor rate is or can be made, or for which a separate overseer is or can be aj^pointed : [See note o;z 6\ 158 ^ 18 & 19 Vict. c. 120 as to extra-parochial jdaces.'] The term " union " means any union of parishes, and any parish for which there is a separate assessment committee under this Act and the Acts incorporated herewith : The term " ratepayer " means every person who is liable to any rate or tax in respect of property entered in any valuation list : [See 47 & 48 Vict. c. 5, s. 2.] The term " year " means the twelve months commencing with the sixth of April and ending with the succeeding sixth of April ; and words referring to a year refer to the same period : The term " surveyor of taxes " means any surveyor of taxes, inspector of taxes, or other officer appointed or to be appointed by the Commissioners either of Inland Revenue or of Her Majesty's Treasury for the purposes of any tax in respect of which a valuation list is by this Act made conclusive : The term " overseers " includes any person or body of persons performing the duties of overseers so far as regards the assessment, making, and collection of rates for the relief of the poor : [See note on s. 158 of 18 & 19 Vict. c. 120 as to extra-jmrochial places ; and 62 & 63 Vict. c. 14, s. 11.] The term " vestry clerk " means [the vestry clerk, if any, elected under the Act of the session of the thirteenth and fourteenth * See Appendix. f Now tlie London County CounciL See 51 & 52 Vict. c. 41, ss. 40 and 100. [32 & 33 Vict.] The Valuation {Metropolis) Act 1869. [Chap. 67.] 409 years of the reign of Her present Majesty, chapter fifty- seven, or under a local Act, or, if there is no sucli clerk,] the vestry clerk appointed under " The Metropolis Manage- ment Act, 1855 " : \_Words in square brackets semhle spent. See 62 e Valuation {Metropolis) Act 1869. [32 & 33 Vict.] Fees on ap- peals under Act. Places for hearing appeals. Public notice of times of holding courts to be given. Summons of certain officers as witnesses. Persons entitled to appeal to asses.sment sessions. 28. The Justices in assessment sessions * may make a table of the fees which in their opinion should be paid to the clerks of special sessions and to the clerk of assessment sessions * in the case of appeals under this Act, and shall lay such table before one of Her Majesty's principal Secretaries of State in the same manner as the Justices at quarter sessions may make and lay before such Secretary of State a table of fees, and all the provisions of section thirty of the Act of the session of the eleventh and twelfth years of Her Majesty's reign, chapter forty-three, (which section relates to a table of fees and to the prohibition of clerks taking other fees,) shall apply in the case of a table of fees made, and the business done by the said clerks under this Act. All fees paid in the case of appeals to the assessment sessions * shall be paid to the account of the Receiver of the Metropolitan Common Poor Fund, and shall be so paid and taken and accounted for in such manner as the Poor Law Board f may from time to time by order prescribe. 29. The Justices in assessment sessions * shall from time to time appoint the place in the metropolis where the appeals relating to each parish in the metropolis are to be heard, and may, if they think fit, divide the metropolis into districts for the purpose of appeals, and appoint one or more places for every such district. 30. The Justices in assessment sessions * shall cause public notice to be given of the several times at which they will sit at the several places appointed for the hearing of appeals ; such notice may be given under the hand of their clerk, and shall be given by advertisement in some newspaper circulating generally in the metropolis and by sending a cojjy of such notice to every surveyor of taxes in the metropolis, to every assessment committee which would have a right to appeal at such court, and to the overseers of every parish to which any appeal relates, and to all the j^arties to the appeal. The overseers shall publish the notice as soon as it is received by them. 31. The Justices in assessment sessions * may order any clerk to the Commissioners of Taxes, any surveyor of taxes, clerk of assessment committee, overseer, assistant overseer, or like officer in the metropolis to produce any documents relating to rates or taxes which such .Justices may consider necessary for determining an appeal, and do not relate to profits of trade or of concerns in the nature of trade. Any person who refuses, after tender of a reasonable sum for his expenses, 'to obey any order under this section shall be liable (on summary conviction before the Justices in assessment sessions * or any other two Justices) to a penalty not exceeding five pounds. 32. Any ratepayer and any surveyor of taxes, and any overseer, with the consent of the vestry of his parish, who may feel aggrieved by any decision of the assessment committee, on an objection made before them to which he was a party, or by any decision of special sessions, whether he was a party or not, may appeal against such decision to the assessment sessions.* Any assessment committee in the metropolis, or in the county in * Now the Quarter Se.ssions for the County of London. See 51 & 52 Vict. c. 41, s. 42, and the Scheme of the London County Council made thereunder on the 1st March, 1892. f Now the Local Government Board. See the Local Government Board Act 1871, s. 2. [32 & 33 Vict.] The Valuatioyi {Metropolis) Act 1%^. [Chap. 07.] 415 which the parish to which the appeal relates is situate, any over- Beers in the nietropoJis or such county, with the consent of the vestry of their parish, any ratej)ayer in the metropolis or such county, and any body of persons authorised by law to levy rates or require contributions payable out of rates in the metropolis or such county, may ap[)eal to the assessment sessions,* if they or he feel aggrieved by reason — (1.) Of the total (^f the gross value of any ])arish being too high or too low ; (2.) Of the total of the rateable value of any parish being too high or too low ; or (3.) Of there being no ai)proved valuation list for some parish. [^Amended 47 Vict. c. 5, s. 2. See also 51 & 52 Vict. (?. 41, s. 40 (2) ; and (J2 & 63 Vict. c. 14, .s. 11.] Proceedings on Appeals. 33. Notice in writing of every appeal, whether to special sessions ^'otice of or the assessment sessions,* si)ecifying the correction which the l^H^^x o*J a})pellant desires to have made in the valuation list, must be served, assessment within the time in this Act mentioned, on the following persons ; sessions, namely, In all cases on the surveyor of taxes of the district to which the appeal relates, and on the clerk of the assessment committee which approved the list wholly or partly questioned by the appeal : When the appeal relates to the unfairness or incorrectness of the valuation of, or to the omission of an hereditament occupied by any person other than the appellant, or to the incorrect- ness of any matter stated in the list with respect to any such hereditaaient, then on such person : If an assessment committee or a surveyor of taxes is the appellant, then also on the overseers of the parish to which the appeal relates : Provided that it shall not be necessary to serve any notice of appeal on the surveyor of taxes in any case in which the appeal relates only to the rateable value of any hereditament. The clerk of the assessment committee, on receiving notice of an appeal, shall forthwith serve notice thereof on the clerk of the special sessions or of the assessment sessions,* as the case may re(inire. \_See s. 42, and 47 Vict. c. 5, s. 3.] 34. The Justices in special sessions and in assessment sessions * Sessions to respectively shall, in open court, hear and determine all appeals ^^^^ ^"^ ■t \ , 1 1- ,\ • 1 1 .1 . , ^\, determine brought l)etore tliom in such order as they may respectively trom appeals, and time to time appoint. They may adjourn the hearing from time alter list to time, and to any day not later than the day before whicli all accordingly. appeals to them are required by this Act to be heard ; and in the case of assessment sessions * for the purpose of obtaining the decision of any superior court to any day necessary for that jnir- pose ; and if from accident or mistake due notice of appeal has not been given, or if an additional notice of appeal appears to be reipiired, they may, if they think it just, order notice of appeal to be given. They may confirm or alter the valuation list, so far as it is questioned by the appeal, in such manner as they think just, but shall not make any alteration in contravention of this Act. * Now the Quarter Sessions for the County of London. See 51 & 52 Vict. c. 41, s. 42, and the Scheme of the London County Council made thereunder on the 1st March, 1S92. 416 [Chap. 67.] The Valuation {Metropolis) Act 1869. [32 & 33 Vict.] Making of valuation list where none approved. Assessment sessions may, on applica- tion of party to appeal, order valua- tion. Adjournment to receive valuation list or valuation. Valuation to be in writing, person making it to have power to enter. Costs of appeal. Appeal from decision of assessment sessions on points of law. The clerk of the assessment committee, or some deputy allowed by the assessment committee, shall attend the court with the valuation list to which the appeal relates, and any alteration shall be made by the Justice acting as chairman * of the sessions in that list, and the said Justice shall place his initials against such alteration. \_See s. 42 (13).] 35. If it appears to the Justices in assessment sessions f on any appeal that there is no approved valuation list for some parish, they may appoint some proper person (with such remuneration as they may appoint) to make a valuation list. Such person shall have for that purpose the same powers and duties as overseers. The valuation list so made shall be deposited and otherwise made known to the persons interested in such manner as the court may direct, but in manner as near as may be as is provided in this Act with respect to the list originally made. The costs of making such valuation list shall be paid by the assessment committee who failed to approve the list, and shall be deemed part of their expenses under the principal Act. 36. If any of the parties to the appeal apply to the Justices in assessment sessions f to direct a valuation of any hereditament with respect to which any appeal may be made, and if such appli- cant or applicants give such security as the court think proper to pay the costs of the valuation, the court may, in their discretion, appoint some proper person to make such valuation. 37. Where the court appoint a person to make a valuation list or a valuation, they may fix some subsequent day, either before or after the day before which all appeals are required by this Act to be heard, for receiving such valuation list or valuation, and may adjourn the hearing to that day. 38. The person so appointed to make a valuation shall make his valuation in writing signed by him, showing the particulars of the hereditaments comprised therein, and the amounts at which he has valued the same respectively. Such person may at all reasonable times, with or without assis- tants, enter ui)on any of the hereditaments directed to be valued, and may do thereon all acts necessary for completing the valuation. 39. The costs of any appeal, including the costs of any such valuation as aforesaid, shall be in the discretion of the Justices in special or assessment sessions f (as the case may be), and shall be awarded by them to be paid by such parties to the appeal, and in such proportions, as they think just. Costs (including the costs of making a valuation) so ordered to be paid may be recovered as if they had been awarded by a Court of Quarter Sessions, and when ordered to be jiaid by parties other than a ratepayer shall be paid as in this Act mentioned. 40. The same proceedings may be had by special case and certiorari or otherwise, for questioning any decision of the Justices in assessment sessions, f as may be had for questioning any decision of the Justices in general or quarter sessions, provided that every such certiorari shall be sued out within three months after the decision is given. At any time after notice given of appeal under this Act to the * See 51 & 52 Vict. c. 41, s. 42 ; and 59 & 60 Vict. c. 55, s. 2. f Now the Quarter Sessions for the County of London. See 51 & 52 Vict. c. 41, s. 42, and the Scheme of the London County Council made thereunder on the 1st March, 1892. [32(!St 33 ViOT.] The Valuation (Meiropotis) Ad 186'9. [Chap. 67.] 4l7 assessment sessions,* it shall be lawful for the parties, by consent and b}' order of any judge of one of the superior courts of conunon law at \Vestniinster,f to state the facts of the case in the form of a special case for the opinion of any of those courts, and to agree that a judgment in conformity with tiie decision of that court, and for such costs as that court may adjudge, may be entered on the appli- cation of either party at the meeting of the Justices in assessment sessions * next or next but one after such decision has been given, and such judgment may be entered accordingly, and shall be of the same effect in all respects as if the same iiad been given l)y the assessment sessions* upon an appeal duly brought before them and adjourned ; and the Justices shall, if necessary, hold a sessions or an adjourned sessions for this purpose. Notice in writing of the decision of any superior court in pur- suance of this section shall be served by tlie clerk of the assessment sessions on the assessuient committee which approvetl the list (questioned on the appeal to such court. 41. Notice of every alteration in the valuation list, which altera- Notice of tion is made in consequence of anv decision on any api)eal to tlie ^i'^«'''^^'o° ^^f • 1 • ^, ■ " * -'^ill list to be seut special sessions, assessment sessions,* or a superior court, shall, ^^ overseers as soon as possible, be sent in writing by the clerk of the assessment committee to the overseers and surveyor of taxes of the parish and district respectively to which the list which is so altered relates, and such alteration shall be entered by the clerk of the assessment committee and by the overseers on the duplicates respectively de])osited with them. Notice of every alteration in the total of the gross and rateable value of any valuation list, which alteration is made in consequence of any decision on any appeal to the assessment sessions * or a superior court, shall as soon as possible be sent in writing by the clerk of the assessment committee to the clerk of the managers of the metro[>olitan asylum district,;): and the clerk of such managers * shall send in writing such altered total to every person and body of persons who has power to levy or make any rate or assessment or require any contribution based on such total. Times J or TroceeJinys. 42. With respect to the times within which proceedings under Times witL- this Act and the Acts incorporated herewith are to be done, the p"oceed^ii?s following provisions shall have effect ; that is to say, in making (1 .) Theoverseers shall make anddepositthe valuation listbeforethe valuatiou list lirst of June in the first year after the passing of this Act : ^^e^ (2.) The overseers shall transmit the valuation list to the assess- ment committee not sooner than fourteen and not later than seventeen days after notice is given of the deposit of such list : (3.) Notice of any objection by any person other than the sur- veyor of taxes and the overseers shall be given before the expiration of twenty-five days after the list is deposited : (4.) The assessment committee shall revise the valuation list before the lirst of October in the same year, and before the same day, but not less than sixteen days after the * Now the Quarter Sessions for the County of London. See 51 & 32 Vict. c. 41, s. 42; and the Scheme of the London Countv Council made thereunder on the 1st March, isy2. •f Now the High Court of Justice. See the Judicature Act 1873, ss. 3 and 4. J Now the Clerk of the London County Council. See 51 i: 52 Vict. c. 41, s. 44. 27 418 [Chap. 67.] The Valuation {Metropolis) Act 1869. [32 & 33 Vict.] Duration of valuation list. Rate to be levied not- withstanding appeal. transmission of the list to them by the overseers, shall hold a meeting- for hearing objections to such list : (5.) The assessment committee shall give notice of a meeting for hearing objections to a list not less than sixteen days before such meeting : (6.) Notice of objection with respect to any list by the surveyor of taxes and by the overseers shall be given not less than seven days before the meeting at which objections to such list will be heard by the assessment committee : (7.) The assessment committee shall send the valuation list to be re-deposited within three days after it is approved by them, and shall appoint a day not less than fourteen nor more than twenty-eight days after such re-deposit for hearing objections to the alterations, of which objections seven days notice shall be given by the objector : (8.) The assessment committee shall finally approve and send the valuation list to the overseers, and the clerk of the managers of the metropolitan asylum district,* before the first of November in the same year : (9.) Notices of appeal to special sessions shall be given on or before the twenty-first of November in the same year : (10.) The Justices may hold the special sessions at any time after the thirtieth of November in the same year, which will enable them to determine all appeals before the ensuing first of January : (11.) The clerk of the said managers * shall send out the printed totals before the first of December in the same year, and shall return the valuation list to the assessment committee not sooner than fourteen nor later than twenty-one days after the totals are sent out : \_See the AgricMltural Rates Act 1896, 6". 5 {b). {See p. 428.)] (12.) Notices of appeals to assessment sessions! shall be given on or before the fourteenth of January in the same year : (13.) The Justices may hold the assessment sessions f at any time after the first of February in the same year, which will enable them to determine all appeals (except where a valuation list or valuation is ordered) before the ensuing thirty-first of March : (14.) Notice of the times at which the assessment sessions t will be held at each place shall be given by the clerk ten days at least before the first court is held. Effect of Valuation List. 43. The valuation list as approved by the assessment committee, and, if altered on any appeal under this Act to any sessions or a superior court, as so altered, shall come into force at the beginning of the year (commencing on the sixth of Ai)ril) succeeding that in which it is made, and shall last for five years, subject to any alterations that may be made by any supplemental or provisional list as herein-after mentioned. 44. Notwithstanding any appeal under this Act which may be pending at the commencement of the year, the valuation list shall come into force unaltered, and every assessment, contribution, * Now the Clerk of the London County Council. See 51 k. 52 Vict. c. 41, s. 44. t Now the Quarter Sessions for the County of London. See 51 & 52 Vict. c. 41, s. 42 ; and the Scheme of the London County Council made thereunder on the 1st March, 1892. [32 & 33 Vict.] The Valuation (Metropolis) Act \Hm. [Chap. 07.] 419 rate, and fax in respect of which the vahiatiou list is conclusive sliall l)e made, re(|nin'd, levied, and paid in accordance with such valuation list ; and wliere in conse<[Uence of tlie decision on any appeal under this Act to assessment sessions * or a superior court an alteration in sucli valuation list is made which alters the amount of the assessment, conti'ibutiini, rate, or tax levied thereunder, the difference, if too much has been paid, shall be repaid or allowed, and if too little, shall be deemed to be arrears of the assessment, contribution, rate, or tax (excejit so far as any penalty is incurred on account of arrears j, and shall ])e paid and recovered accordingly. 45. The valuation list for the time being in force shall be Valuation deemed to have been duly made in accordance with this Act and the ''""^ ^o be Acts incorporated herewith, and shall for all or any of the purposes fo"purposes in this section mentioned be conclusive evidence of the gross value of certain and of the rateable value of the several hereditaments included rates taxes, therein, and of the fact that all hereditaments required to be cation^^'^' inserted therein have been so inserted : that is to sav, (1.) For the purpose of any of the following rates which are made during the year that tlie list is in force, namely, the county rate, the metropolitan police rate, the church rate, the highway rate, the poor rate, the police, sewers, con- solidated and other rates in the city of London, the sewers, ligliting, general, and other rates levied by order of district boards f or vestries, f the . . . sums assessed on any part of the metropolis by the Metropolitan Board of Works,;^ assessments for contributions under the Metropolitan Poor Act, 1807, and ever}' other rate, assessment, and con- tribution levied, made, and required in the metropolis on the basis of value : [ITorr/.s- omitted {^^ main drainage improvement ami other rates and''') superseded 51 & 52 Vict.c. 41, ss. 3 (1) andm']. (2.) For the purpose of any of the following taxes which become chargeable during the year that the list is in force ; namely, (j:(.) The tax on houses levied under the House Tax Act . and the Acts therein incorporated or referred to : ^ ;^'g g^p (J).) Any tax assessed in pursuance of the Income Tax . ' Act, and any Acts continuing or amending the c. 35., etc. same, on any lands, tenements, and heredita- ments, in all cases where the tax is charged on the gross value, and not on profits : (3.) For the purpose of determining, so far as it is applicable, the value of any hereditament included therein for the jiurposes of the Acts relating to the sale of exciseable li(|Uors, to the (jualification of a juror, . . . and of a manager under the "Poor Law Amendment Act, 1834," or the " Metropolitan Poor Act, 1807," at any time at which such value is re(|uired to be ascertainetl : \_Part omitted {af< to (pialijications of vestrymen and auditors under 18 & 19 Vict. c. 12U, and of guardians) superseded by the Local Government Act 1894, ss. 2U, 23, and 31 {see Appendix); and 02 & 63 Vict. c. 14, s. 2 (5) & 14; and see ibid. s. 10 (1).] * Now the Quarter Sessions for the County of London. See 51 ^*«: 52 Vict. c. 41, s. 42; and the Scheme of the London County Council made thereunder on the 1st March, li>02. t Now the Councils of the Metropolitan Boroughs. See G2 & 63 Vict. c. 14, s. 4, X Now the Loudon County Council. See 51 & 52 Vict. c. 41, s. 40 (8). c 420 [Chap. 67.] The Valuation {Metropolis) Act 1869. [32 & 33 Yict.] 10 Geo. 4. And in construing the Metropolitan Police Act and the Acts ^- *■*• amending the same, the last valuation for the time being acted u])on in assessing the county rate shall be deemed to mean the valuation list for the time being in force : i5&i6Tict. And in construing the County Rate Act* and Acts referring to c. 81., etc. |.jjp valuation, estimate, basis, or standard for the county rate, the valuation, estimate, basis, or standard shall be deemed to be the rateable value stated in such list : 14 & 15 Yict. And in construing the House Tax Act and the Acts therein c. 36., etc. incorporated or referred to, the full and just yearly rent shall be deemed to be the gross value stated in such list : 5 & 6 Yict. And in construing the Income Tax Act and any Acts continuing 3o., etc. Qj, amending that Act, with respect to Schedules A. and B. thereof, annual value shall be deemed to mean the gross value stated in such list. \_See also the Finance Act 1894, s. 35.] Revision of Valuation List. Mode of 46. Every valuation list shall be revised in manner directed by revising this Act, and such revision in every period of five years (the first valuation list. ^£ such periods beginning with tiie sixth of April one thousand eight hundred and seventy-one) shall be conducted as follows : (1.) In each of the first four years of such period a sujoplemental list shall, if necessary, be made out in the same form as the valuation list, and shall show all the alterations which have taken place during the preceding twelve months in any of the matters stated in the valuation list, but shall contain only the hereditaments aff'ected by such altera- tions. If no alteration has taken place which makes a .supplemental list necessary, the overseers shall send a certificate to that efi'ect to the assessment committee in place of such list, which certificate may be in the form contained in the second schedule to this Act : (2.) In the fifth year of every such period the overseers shall make a new valuation list : (3.) The same regulations shall be observed and the same pro- ceedings shall be had in the case of a supplemental list and a new valuation list as are directed by this Act and the Acts incorporated herewith in the case of the valuation list made in the first year after the passing of this Act : (4.) A su})plemental list and a new valuation list shall come into force at the beginning of the year succeeding that in ■ which they are respectively made, in the same manner and subject to the same conditions as the valuation list made in the first year after the passing of this Act: (5.) In each of the last four years of such period the valuation list which was in force on the day before the commence- , ment of each such year, together with and as altered by the supplemental list, if any, which comes intu force at the commencement of such year, shall be the valuation list which is in force during that year : (6.) A new valuation list when it comes into force shall supersede the valuation list which was in force during the fifth year of such period. Provision for 47. If in the course of any year the value of any hereditament is valuing a increased bv the addition thereto or erection thereon of anv building, house built ' . r. •>. * bee Appendix. [32 & 33 Vict.] The Valuation {Metropolis) Act \m^. [Chap. 67.] 421 or is from anv canso increased or reduced in value, the following i^etween the lirovisions shall have effect : wbich'tlie (1.) The overseers of the parish in which sucli hereditament is valuation situate may, and on the written requisition of the assess- listisma^e. ment committee or of any rate])ayer of the union or of the surveyor of taxes for the district shall, send to the assessment committee a provisional list containing; the gross and rateable value as so increased or reduced of such hereditament : (2.) A co])y of the requisition shall be sent by the person making it to the clerk of the assessment committee, and if within fourteen days after the rei[uisition has been served on the overseers they make default in sending such provisional list he shall forthwith summon the assessment committee, and the assessment committee shall ajjpoint a person to make such ])rovisional list, in the same maimer as is in this Act provided in the case of the overseers failing to transmit a valuation list : (3.) On the receipt of the list the clerk of the assessment com- mittee shall serve on the surveyor of taxes for the district a copy of the list, and siiall serve on the occupier of any hereditament to which the list relates a copy of so much thereof as relates to that hereilitament. Every copy shall be accompanied by a notice specifying a day, being not less than fourteen days after the date of the service of the notice on or before which any objection to the provisional list may be made, and stating the mode in which an objection is to be made. Such copy and notice shall be served in the same way as notices by an assessment committee are served : (4.) An objection may be made to any such provisional list by the said occupier, and by the surveyor of taxes, or by either of them, bv notice thereof in writing being served on the clerk of the assessment committee, on the overseers, on the surveyor of taxes, and on the occupier, or on such of them as the case may require : (5.) The clerk of the assessment committee, on the receipt of the notice of any objection, shall forthwith summon a meeting of the committee, and give notice of the time and })lace of such meeting to the overseers, to the surveyor of taxes, and the occupier : (6.) The committee shall hear and determine on the objection in the same manner as if it were an objection to a valuation list, and may make such order as they think just : (7.) If no objection is made, then on the expiration of the time for making objections, or if an objection is made then as soon as the assessment committee have determined on the objection, the assessment committee shall cause a copy to be made of the provisional list, with any alteration made in it by the committee, and shall return the list and the copy thereof, after being dated and signed by their clerk, to the overseers : (8.) A provisional list, signed as aforesaid, shall have operation from the date of the service by the clerk of the assessment committee of a copy of the list and notice on the occupier, 422 [Chap. 67."] The Valuation {Metropolis) Act 1869. [32& 33 Vict.] Costs of appeal, etc. Inland Revenue may make allowances for expenses of Act. Expenses. and shall continue in force until the tirst list (supplemental or other) which is subsequently made comes into force : (9.) Upon a provisional list coming into operation the overseers shall make such entries in the rate book for the then current poor rate as will bring the same into conformity with such list, and shall also enter therein the date at which such list is to come into operation, and shall charge the occupier of such hereditament with a proper proportion of such current poor rate, regard being had to the time which has elapsed between the making of such rate and the said date and to the rateable value stated in such provisional list, and such occupier shall be considered as actually rated for such sum from the said date, and be liable to pay the same, and the same may be enforced accordingly : (10.) A provisional list during the time that it is in force shall be deemed to form part of the valuation list for the time being in force, and shall (so far as is necessary) be substituted for so much of that valuation list as relates to the same hereditament, and every rate and tax in respect of which the valuation list is conclusive, which are respectively made or charged after the provisional list comes into force, and the proportion of the current rate charged as before provided in this section shall be levied accordingly ; but if when the next revision of the valuation list takes place the list as approved and altered on appeal contains a smaller value for the hereditament comprised in a provisional list than the value stated in such provisional list, the amount of rate or tax which has been overpaid in consequence of the larger value having been stated shall be repaid or allowed : (11.) Nothing in this section shall affect the value on which any rate is made or sum is assessed or contribution recpiired which is made, assessed, or required on the totals of the gross or rateable value of jiarishes or unions. Expenses. 48. The costs of an appeal awarded against or incurred by any assessment committee or overseers shall be deemed to be expenses incurred under this Act and the Acts incorporated herewith, and shall be raised and paid accordingly. Any costs or expenses awarded against or incurred by any sur- veyor of taxes shall be defrayed in the same manner as expenses are directed to be defrayed by the Acts relating to the taxes in respect of which the valuation list is made conclusive. 49. The Commissioners of Inland Revenue may make such allow- ances as they think fit for remunerating any person employed by them in the execution of this Act, and for the discharge of any costs or expenses incurred by him. 50. The expenses of the assessment sessions * and such remune- ration as the Poor Law Board -j* may from time to time allow to the * Now the Quarter Se.ssions for the County of London. See '>\ k. 52 Vict. c. -11, s. 42 ; and the Scheme of the London Counts- Council made thereunder on the 1st March, 1892. t Now the Local Government Board. See the Local Government Board Act 1871, s. 2. [32 & 33 Vict.] The Valuation {Metropolis) Act \9,m. [Chap. 67.] 423 clork of the managers of the metropolitan asylum district,* the clerk of the assessment sessions,+ aud persons Jipp()int(;d to assist the assessment sessions f as ])rovided by this Act, and such costs and expenses incurred by such clerks and persons under this Act as the l*oor Law l^oard J may allow, after such audit as the Por)r Law Board J may direct, shall be paid by tht; Receiver of the ^Ietro{)olitan Common Poor Fund out of any monies for the time being in his hands, and shall be paid at such times and in such manner and upon such j)recei)t of the Poor Ijaw Board* as the Poor Law Board* may from time to time ])rescribe, and tiie Poor Law Board % 'uay require contributions for the jjiirjiose of raising such remuneration, expenses, and costs. Rules for formatio)i of Valuation List. 51. The valuation list shall be made out in the form given in the Form and second schednle to this Act. valuation list. The overseers shall not include in such valuation list any here- ditaments (except tithes or payment in lieu of titlies) which are charged according to Rale two in section sixty of the Income 5 & 6 Vict. Tax Act, but shall include tithes and payments in lieu of tithes and ^- '^°- every hereditament in their parish, and shall enter every heredita- ment in the valuation list in accordance with the classes mentioned in the third schedule to this Act, so that the deductions to be made in ascertaining the rateable value may be calculated in accordance with that schedule. \_See the Agricultural Rates Act ISOO, s. 6 (:3) {*' parish, may, for the purposes of any application for a valuation on seers may any appeal, give security for paying the costs of such valuation, ^i^'^ security An assessment committee may give such security and may a})pear vaiiiatlcm? on any appeal by their clerk, and shall indemnify the said clerk against all monies, losses, and costs paid or incurred by jiini in conse(juence of such security or appearance. 63. x\ny room maintained out of the proceeds of any rate levied ^'*^ *^^ P"^^**^ wholly or partly in the metropolis may (with the consent of the a'^^als,'^etc. person or body corporate having the control of it) be used for hearing appeals, and for other purposes of this Act. 64. A valuation list may be proved by the production of a ^^'^ence of duplicate or copy of such list purporting to be certified to be a Jisl"etc°° duplicate or a true copy by the clerk of the assessment committee that aj)proved it, and such certificate shall state that the alterations (if any) made in the list in consequence of the decision on any appeal under this Act have been correctly made in the duplicate or copy so produced, and the clerk on aj^plication shall furnish a copy to anv overseers on pavment of a sum not exceeding the rate of three shillings for every hundred entries numbered separately. A 426 [Chap. 67.] The Valuation {Metropolis) Act 1869. [32 & 33 Vict.] Service of notices, etc. by post, etc. Publication of notices by overseers. Inspection, etc. of docu- ments depo- sited with rate books. Valuation lists to be equivalent to rate books of parish. provisional list may be proved by the production of a duplicate or copy thereof purporting to be certified to be a true copy by the clerk of the committee who signed it. 65. All orders and notices under this Act and the Acts incorpo- rated herewith shall be in writing or print, or partly in writing and partly in print, and if made or given by an assessment committee shall be sufficiently authenticated if signed by their clerk ; and all orders, notices, and documents required by the same Acts to be served on or sent to any person or body of persons corporate or unincorporate may be either delivered to such person or the clerk of such body, or left at the usual place of abode of such person or clerk, or at the office of such clerk or body, or (if such abode or office cannot on reasonable inquiry be discovered) at the premises to which the order, notice, or document relates. They may also be served and sent by post, by a prepaid letter, addressed to such person, or to the office of such body or to their clerk, and, if sent by post, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and prepaid and put into the post. [^See the T titer pretation Act 1889, s8. 20 and 26 {see Aj)pendix).~\ 66. Any notice required by this Act to be published by the overseers shall, on the Sunday next following the receipt of such notice, or the document to which the notice refers, and the two following Sundays, be published by them in the manner in which notice of a rate allowed by Justices is required to be published. \_See the Poor Rate Act 1743, s. 1, and the Vestries Act 1837, s. 2.] 67. AVhere any documents are required liy this Act to be deposited in the same place in a parish in which rate books are kept, every ratepayer shall be at liberty to inspect and take copies of or extracts from such documents at any reasonable time, without fee or charge. \_See also 56 & 57 Vict. c. ccxxi. s. 14.] 68. The duplicate of the valuation list, ajjproved by the assess- ment committee, and sent to the overseers, as directed by this Act, the notices of alterations made on any appeal under this Act, and any provisional list, shall for all purposes be deemed to be part of the rate books of the parish, and shall be produced by the overseers before the Justices upon any application for allowance of rates, and on any appeal under this or any other Act, and on any other occasion if so required, on which they are bound to produce such rate books, and any overseer who fails to produce such list in accordance with the provisions of this section shall be liable on summary conviction to a penalty not exceeding five pounds. The duplicate of the valuation list returned to the assessment committee by the clerk of the managers of the metropolitan asylum district,* and other documents in the possession of the assessment committee in pursuance of this Act, shall be kept at the board room or other convenient place from time to time appointed by the guardians of the same union, but shall be deemed to be in the possession of the assessment committee, and shall be produced by their clerk to the district auditor whenever required by him. * Xow the Clerk of the London County Council. See 51 & 52 Vict. c. 41, s. 44. [32 & 33 Vict.] The Valuation (Metropolis) Act 1860. [Chap. 67.] 427 69. Any ratepayer, overseer, clerk of an assessment committee. Ratepayer, or surveyor of taxes in tlie metroi)olis njay, at all reasonable times, fnsp™rdocu- witliont payment, insj)ect and take coi)ies of and extracts from all ments, etc. valnation lists and documents wliicli in pursuance of this Act are'" hands under the control of the clerk of the manairers of the metropolitan |^a,n^ers asylum district,* or of the (derk of tiie assessment sessions.! or assessment Any surveyor of taxes and any guardian and any overseer in a committee, union, without payment, and any ratepayer in a union on payment of a fee not exceeding one shilling (to be carried to the common fund), may at any reasonable time expect [-^''V-] and take copies of and extracts from any valuation lists, notices of objection, returns, and other documents in the possession or under the control of the assessment committee of that union. Any clerk of an assessment committee in the metropolis may insj)ect and take extracts from any valuation lists in the possession or under the control of the assessment committee of anv other union in the metropolis. Any })er8on who hinders a ratepayer, overseer, clerk of an assess- ment committee, or surveyor of taxes from so inspecting or taking copies of or extracts from any valuation list or document, or demands where not authorised by this Act a fee for allowing him so to do, shall be liable on summary conviction to a penalty not exceeding five pounds for each offence. [6'ee aUo 56 & 57 Vict. c. ccxxi. s. 14.] 70. \^Uu'ner where rated to he in position of occupier. Rep. 47 tt 48 I 'ict. c. 5, s. 2.] 71. Any person who feels aggrieved by reason of any clerical Amendment or arithmetical error in a rate in the metropolis mav applv to two ''^,^''!'"'^"'" ... . ^ ^ •^j_- . ' 1- ^ • rate bv t\YO justices 01 the peace or a magistrate sitting at any ])Olice court in justices. the metro]K)litan police district, who, after the a])j)licant has given such notice to the overseers who made the rate and such persons as such justices or magistrates think just, may hear the case in like manner as in the case of summary proceedings, and amend the rate so far as respects such error. 72. Whenever the name of any person liable to be rated at the Omissions time the rate is made is omitted from any rate in the metropolis, or fro^i the rate. if any person is described in any such rate by a wrong name, the overseers may, after giving to such person seven clear days notice of their intention, apply to any two justices or any i)olice magistrate as aforesaid, who may liear the case in like manner as in the case of summary proceedings, and insert the name so omitted, or correct the name so wronglv entered, and everv such insertion and correction sliall operate as if it had been part of the original rate : Provided that any person whose name is so inserted or corrected in any such rate may appeal against the same at the general quarter sessions of the peace which is liolden next after such insertion or correction, in like manm^r as he might have ajtjiealed against the rate. 73. Every poor rate made in the metropolis after the tifth of April one thousand eight hundred and seventy-one shall contain the rate and particulars specified in the fourth schedule to this Act, together declaration, with such other particulars as the Poor Law Board :^ may from time * Now the Clerk of the London County Council. See 51 & 52 Vict. c. 41, s. 41. f Now the Quarter Sessions for the County of London. See 51 k 52 Vict. c. 41. s. 42 ; and the Scheme of the London Countv L'ouncil made thereunder on the 1st March, l,s92. X Now the Local Government Board. See the Local (Tovernment Board Act 1871, s. 2. 428 [Chap. 67.] The Valuation {Metropolis) Act 1869. [32 & 33 Vict.] Amendment of 25 and 2ti Vict. c. 103. s. 11. Saving of powers to value pro- perty not included in a valuation list. Separate assessment of houses for purposes of house duty, income tax, and Licensing Acts. Repeal of Acts herein described. to time by order direct, and the overseer shall sign the form of declaration which is given in that schedule before the rate is allowed by the justices. And the justices shall not allow any rate at the foot of which the said declaration has not been added and signed. Any overseer who wilfully omits to make the said declaration or makes the same falsely shall be liable on summary conviction to a penalty not exceeding five pounds. [^See the Agricaltaral Rates Act 1896, s. 6 (3) (r/).t] 74. The entry of the proceedings of the assessment committee at any meeting, and of the names of the members who attend that meeting, may be signed by the chairman of the next meeting of the committee, and every entry and minute purporting to be so signed shall be received in evidence in the same manner as if such entry or minute had been signed by the chairman of the meetins^ at which the proceedings took place, and the members were present. 75. Nothing in this Act shall in any way alter or affect the mode of valuing or taxing any hereditament which is not included in any valuation list, or which is chargeable according to the profits and not according to the gross value, or the mode of charging the occupiers of land subject to a tithe rentcharge in respect of such tithe rentcharge. 76. Where for the purposes of the Acts relating to the duty on inhabited houses, or to the duties charged under Schedule B. of the Income Tax Act, or to the sale of exciseable liquors, it is necessary to make a separate valuation of any hereditament by reason of its not being separately valued in any valuation list, the value of such hereditament shall be ascertained in the same manner as if this Act had not passed. Repeal of Acts. 11. [The enactments specifed in the fifth schedule to this Act, and'\ so much of any [other'] Acts, whether public or local and personal, as authorizes any valuation of hereditaments to be made for the purposes of any rate or tax in respect of which the valuation list is by this Act made conclusive, are hereby repealed, where they relate only to the metropolis absolutely, and in other cases so far as they relate to the metropolis : [Part omitted {as to promsio/is of tlie Acts repealed remaining in force until this Act comes into operation^ and words in square brackets rep. 46 & 47 Vict. c. 39 {S.L.R.)^^ * Ss. 5 (S) and 6 (3) of the Agricultural Rates Act 1896 are as follows : — " 6. In every valuation list and in the basis or standard for any county rate, and in any valuation made by the council of a borough or any other council for the purpose of raising the borough or other rate — " {b) In every case the total rateable value of the agricultural land in each parish shall be stated separately from the total rateable value of the buildings or other hereditaments in such parish ; and whenever a copy of the total of the rateable value of any parish is required to be sent to any person, such copy shall state both the above-mentioned totals." " 6. (8) The Local Government Board may by order make regulations for the purpose of this section, and also generally for carrying into effect this Act, and these regulations shall be laid before both Houses of Parliament, and if neither House of Parliament within ten days passes a resolution adverse to the said order, they shall be binding in law until varied in the same manner, shall have effect as if they were enacted in this Act, and shall amongst other matters provide— " (r/) for the alteration of the valuation list in accordance with the statements as finally settled and sending copies of the Schemes to spending authorities, and for applying and adapting any statutory form or procedure respecting the valuation list or poor rate." [32& 33 ViCT.J The Valuation (Metropolis) Act 1869. [Chap. 07.] 429 Date of Act. First Schedule. Short title used in this Act. lU Geo. 4. c. 44. 5 & 6 Vict. c. 35. 14 k IT) Vict. c. 30. 15 & 10 V'ict. c. 81. The Motr()|)olitaii Police Act. The Income Tax Act. The House Tax Act. The Coiiiitv Rate Act. Second Schedule. Part 1. Valuation List for [the parish or place for which the list is mac/e'] in the Metropolitan Union of \or not beinsr in the Union! 'I in the County of u t*< >> o hi ^ s & o u a 3 £ 3 .1^ i o o i to «4-l t^ri -4^ O Q^ s« ■«J 0) 0) U 11 c3 i i d 0; '^ "^ Q ■ 5z; ;2i H T3 V eS 9 > n O u e8 O 0) >> S ^ a u > a o S* O 01 3 Si * 9! .= c :: 5 c Signed this day of A.B. ^Overseers of the poor of CD. j the parish aforesaid. We do hereby approve the above vahiation list, and certify tiiat in determining the gross and rateable value of the above heredita- ments the provisions of the Valuation (Metropolis) Act, 186U, have been duly complied with. dav of Sia'ned this A.B.\ Members of tiie Assessment Committee of the Union. CD. . KF. ) Note. — The two last of the above columns (for gross and rateable value as determined by Assessment Committee) must be filled up, and the totals of those columns must be added U]» after the objections to the alterations have i^if any) been heard, and before the list is finally approved. Part II. Form of Certificate where no supplemental list is sent. We, the overseers of the parish of , do hereby certify that no alteration has taken place in the matters stated' in the valuation list of this parish which renders a supplemental list necessary. A.B. ) Overseers of the parish CD. ] of {8ee the Agricultural Rates Act 1896, s. (3) (il). {Seepage 428.)] 430 [Chap. 67.] The Vahmtion {Metropolis) Act 1869. [32& 33 Vict.] Third Schedule. Showing the several classes into which the hereditanaents inserted iu a valuation list under this Act are to be divided. 3. Class 1. Houses and buildiogs, or either of them, without land other than gardens where the gross value is under 20Z „ 2. Houses and buildings without land other than gardens and pleasure grounds valued therewith for the purpose of inhabited house duty where the gross value is 20/. and under 40/. . Houses and buildings without land other than gardens and pleasure grounds valued therewith for the purpose of inhabited house duty where the gross value is 40/. or upwards .... Buildings without land which are not liable to in- habited house duty and are of a gross value of 20/. and under 40Z. Buildings without land which are not liable to in- habited house duty and are of a gross value of 40/. or upwards ....... Land with buildings not houses .... Land without buildings . . . . . . Mills and manufactories ...... Tithes, tithe commutation rentcharge, and other payments in lieu of tithe .... ,, 10. Railways, canals, docks, tolls, waterworks, and gas- works ........' ,, 11. Rateable hereditaments not included in any of the foregoing classes ...... The maximum rate of deductions prescribed in this schedule shall not apply to houses or buildings let out in separate tenements, but the rate of deductions in such cases shall be determined as in classes 9, 10, and 11. Maximum rate of deductions. 7. 8. Per cent, or proportion. 25 or jth. 20 or ith. IG* or \th. 20 or ith. 16f or ith. 10 or x'lith. 5 or ^Vth. 33^ or ^rd. To be determined in each case according to the circum- stances and the general princi- ples of law. FouKTH Schedule. Form of Rate. Rate for the Relief of the Poor of the Parish of in the Union, and for other purposes chargeable thereon, according to law made this day of in the year of our Lord 18 , after the rate of in the pound, which is estimated to meet all the expenses for the above purposes which which will be incurred before the of next. No. Name of occupier. Name of owner. Descrip- j Name or tion of situation property i of rated. ! property. Rateable value. Rate at in the pound. [32 & 33 Vict.] The Valuation {MetvopoUn) Act 1809. [Chap. 07.] 431 Declaration to be added to the Rate. We, the undersif^ncd, do licrcLy declaro that oih' of us, or some person on our Lehtilt", has examined and (compared the several particuhirs in the respective columns of the above rate with the valuation list made under the authority of the Vuluation (Metropolis) Act, ISOO, and now in force in this parish {or township), and the several iicredituments are, to the best of our belief, rated according; to the value appearinji; in such valuation list, and do declare that the total of the al)ove rate amounts to ])ounds sliillinp^s and pence. |- Churciiwardens. > Overseers. \_^ee the Agricultural Hat ex Act 1896, s. f) (3) (r/). {See page 428.)] Fifth Schedule. 25 k 20 Vict. c. 102. An Act to amend the Metropolis^ Local Management Acts (The Metro- ( in })art, polis Management Amendment Act, l namelv, — 1862). . , ) \_So much of ss. 6, 7, and 13 as authorizes or relates to the ascertaining the value of ang hereditament with respect to the value of ichiclt the caluation list is conclusive and] so much of any Act as applies the provisions hereby repealed. • ••••• [Farts omitted {repeal of so much of 43 Geo. 3, c. 161, 48 Geo. 3, c. 55, and 57 Geo. 3, c. 25 respectively, as relates to the mode of ascertaining the value of houses tvith respect to the value of ichich the valuation list is conclusive ; of so much of ss. 30 and 32 of 10 Geo. 4, c. 44 as relates to the ascertaining the value of an>/ heredita- 7nents with respect to the value of ichich the valuation li.st is made conclusive ; of ss. 1, 2, 6, 7, aiid 9 ; o/ 6 and 7 Will. 4, c. 96 ; ofs. 60 (iVo. I. ; So. 11., pars. 1 and 3 : So. IV., pars. 2 and 4 ; So. V., so far as respects the deductions allowed hg this Act^, s. 63 (So. X. pars. 1,2, 3, and 4), ss. G4, G^y, (j(\, 67, 68, 78, 81, 82, 87, and ang other part which relates to the ascertaining of the value of lands, tenements, and hereditaments n-ith respect to the value of which the valuation list is made conclusive ; of so much of 14 & 15 Vict. c. 36 as relates to the mode of ascertaining the value of houses with respect to the value of which the valuation list is conclusive of 5 cV 6 Vict, c. 35 ; of so much of ss. 1 — 20 {both inclusive) as relates to the pre- paration of a basis or standard of countg rate for ang part of the metropolis, and ss. 40 — 43 {both inclusive) ; of \(j k \~ Vict. c. 34, ss. 32 and 47, and so much of the rest of the Act as relates to the mode of a.icertaining the value of any hereditaments with respect to the vaUie of which the valuation list is conclusive of l-y & IG Vict, c. 81 ; of so much of ss. 175 and 179 ^Z" IS & 19 Vict. c. 120, as relates to ascertaining the value of ang heredita?nent with respect to the value of which the valuation list is conclusive ; of ss. 11 and 12 o/ 432 [Chap. 102.] The Metropolitan Board of Works ^09 i qq vf ^ -1 {Loans) Act 1869. '-"^^ ^ '^'^ ^ ^^^'J 20 & 21 Vict. c. 64 ; o/s. 1 6>/21 & 22 Vict. c. 33 ; 0/ ss. 3, 14, 15, the folloicing ivords in s. 17, ^^and a copy of such valuation list shall be forthwith delivered to the board of guardians^'' ss. 22, 23, 24, 25, 26, 27, 28 doion to " schedule hereunto annexed^' ss. 29, 31, 32, 33, 34, 35, 36, 39, 41, 42, 43, and 45 of 26 & 26 Vict. c. 103; of ss. 1, 9, and 11 of 2~ &2S Vict. c. 39; of s. 11,. so far as it relates to the value of propertii of 29 & 30 Vict^ c. 64 ; of s. 1 of 29 & 30 Vict. c. 78 ; and of ss. 30, 31, 32, and 38 of 31 & 32 Vict', c. 122) rey^ 46 & 47 Vict. c. 39 {S.L.B.)!\ Short title. Definition of terms. Exercise by Board of borrowing powers. Creation by Board of consolidated stock. Security for stock. CHAPTER 102. An Act for making further Provision respecting the Borrow- ing OF Money by the Metropolitan Board of Works, and FOR other Purposes connected therewith. ■ \\\th August 1869.] [Preamble rep. 56 k 57 Vict. c. 54 (ed by any of the Acts mentioned rai^^"*^^ in the first schedule to this Act for the pur])Oses 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, etc. to descend to the heir or be liable to any foreign attachment by the be personal custom of London or otherwise. 8. \^As to advances by PtdAic Works Loan Commissioners. Rep. 56 & 57 Vict. c. 54 {S.L.R.).'] 9. The Commissioners for the Reduction of the National Debt, if investment they think fit, with the ai)proval of the Treasury, may from time to b^'^co^^j^^'i^ time, out of any moneys coming into their hands under any Act sioners for relating to savings banks or to post office savings banks, make the Reduction advances to the board on the security of consolidated stock without ^^^^ j any further or other security, and may invest the said moneys in i^ebt. such stock. 10. The board shall cause to be kept at their office, or at some Books to be ])ank .... books in which the names and addresses of the several ^^ ,°^ ^ . ', , ,. ,. . . •11 consouaatea persons and bodies corporate from time to time entitled to con- stock. solidated stock, and the amounts to which they are respectively entitled, and all transfers thereof, shall be duly entered. \_\Vords omitted (" to be approved bij the Treasury ") rep. 59 & 60 Vict. c, ccxiv. s. 23.] 11. Consolidated stock shall be transferred only as follows :— Transferor (1.) The transfer shall be made in the said books, and shall be ^^'^^ ' signed in such books by the transferee or by his attorney duly authorized in that behalf, which authority shall be given by writing under his hand and seal attested by two or more witnesses : \^AmcndeA 33 & 34 Vict. c. 24, s. 7.] (2.) The transfer may be in the form contained in the second schedule to this i\.ct, 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 aforesaid in that behalf, subscribing such accei)tance in the said books : * Now the county rate. 8ce 'A ic 52 Vict. c. 41, ss. 8(1). "^t* (!'), •J''* (A) '■> »"•' the Countv itatus Act 1852, s. 2G. (See Ajjpendix.) 28 434 [Chap. 102.] rhe Metropolitan Board of Works r-oo v oo ^r n rr \ A * -xooa '>^ & 3-3 VICT. {Loans) Act 1869. i- -^ Books to be evidence. Certificates of stock. Certificate to be renewed when destroyed. Provisions of 26&;27 Vict, c. 28. as to certificates to bearer, to extend to this Act. (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 required by the board, or by the persons or l)ody 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 persons or body corporate who keep such books. 12. \_As to elosim/ of transfer books. Rep. 46 & 47 Vict. c. 39 (S.L.F.).] 13. The books so kept uuder the provisions of this Act shall be evidence of all matters therein entered under the provisions of this 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 may, if the board think fit, issue to the holder of any con- solidated stock a certificate under the hand of some officer of the l)oard or body corporate or of such persons, which certificate shall s^jecify the amount of stock to which such holder is entitled, and such certificate 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 may, upon the production thereof, be cancelled, and another similar certificate may be given to the holder of the stock therein specified, or if such certificate be lost or destroyed, then upon proof thereof 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 holders of stock in the public funds of certificates to bearer trans- ferable by delivery,) shall extend to consolidated stock in the same manner as if such Act were herein enacted, with the following modifications ; namely, (1.) The term "the bank" shall be construed to mean the board, persons, or body corporate who keej) 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 pursuance of this Act : (4.) All fees shall be paid to the account of the board : (5.) [As to sta?n/j duty. Hep. 46 k 47 Vict. c. 39 {S.L.R.).'\ (6.) The provision respecting a stock certificate, in respect of which no coupons have been presented for payment for a period of ten years, shall not extend to consolidated stock, * Rep. ?,'.>, A: 34 Vict. c. tiH (S.L.R,), but see 33 & 34 Vict. c. 24, s. 8 ; and the National Debt Act 1870, part v. roo p CO TT 1 The Metropolitan Hoard of Works r/.„_ i,,., i 40- £32 & 33 \ icT.] ^/^^^^^^ ^^.^ 1^^.,/ [Chap. L.J.] 43o 17. The board may enter iiit(t sncli arrangement with any bank AnauKement for carrying into effect the provisions of this Act with i-eference to ^^*^ ^^^' the creation and transfer of consoh'dated stock, and the manage- ment thereof, and the kof'])ing of the said books, and for the profjcr remuneration of tlie bank with reference thereto. . . . \_\Vords omitted (" as may be ajjproced Inj the Treasur>/ ") rejj. 50 & 61 ) Vict. j:. ccxiv. s. 23.] 18. jM.s to .'if amp datii on tran.sfrrs. Rep. 40 it 47 Vict. c. 39.] 19. For the purposes of the Act of the session of the twenty- t'"iKery, etc. fourth and twenty-fifth years of Her Majesty's reign, chapter ^^ ^[^^"^^Ytc ninety-eight, " to consolidate and amend the Statute Law of ' Enghxnd and Ireland relating to indictable offences by forgery," all consolidated stock shall be deemed to be caj)ital stock of a body coriiorate within the meaning of that Act. 20. Any ])erson who with intent to defraud makes any false Making false entry in or alters any word or figure in any of the said books for ^"^"^^ ^" transfers, 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 conviction shall be liable to penal servitude for any term not exceeding fourteen years. . . . [^l^art om.itted{as to imjjrifionment for term not exceeding 2 i/cars) rep. •)^) & 57 Vict. c. 54 (S'.A.A^).] 21. Any person who, being a clerk, officer, or servant of or Making out emjiloyed by the board, or the persons or body corjiorate who keep false dividend the books for transfer of consolidated stock, does with intent ^q^^^^"^"*^* defraud make out or deliver any stock certificate, dividend w^arrant, or document for the payment of money in relation to any con- solidated 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 con- viction to be kept in penal servitude for any term not exceeding seven years. . . . [Part omitted {as to imprisonment for anij term not exceeding 2 jjears) superseded b}j the Penal Servitude Act 1891.] 22. \_Potcer to the board to levy the ^^metropolitan consolidated rate " Jor the purpose of paying dividends on and redeeming con- solidated stock, of defraying the expenses of obtaining or executing the Acts mentioned, in the jirst schedule to Act, and for payment of principal and interest of and, sinking funds for securities granted by the board for the pjur poses of those Acts before the passing of this Act. Superseded 51 A: 52 ]'ict. c. 41, ss. 3 (1), 4U (9), 1)8 (4). See the County Rates Act 1852, s. 26. {See Appendix.)] 23. Where any portion of the consolidated rate represents any Saving of rate which for the j)urposes of any contract or otherwise is deemed "^"t^- to be a landlord's or tenant's rate, such portion sliall for those l)urposes 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 otherwise in relation to the sums or rates assessed by tlie board, shall continue to exist and be enjoyed in relation to the consolidatetl rate as between and by the same persons and in the same manner as in relation to such sums or rates. \_Xote on s. 5 {as to metropolitan consolidated rate) applies^ 24 — 25. \_As to raisi)ig money required for the consolidated rate and exemptions therefrom. Superseded 51 & 52 \'ict. c. 41, ss. 3 (1), 40(9), 68 (4). See also the County Rates Act 1852, .s-. 26. {See Appendix.)~\ 436 Consolidated loans fund. [C^HAP. 102.] The Metropolitaoi Board of Worka {Loans) Act 1869. [32 & 33 Vict.] Moneys ap- plicable to consolidated loans funil. Separate accounts of amount raised for different Acts. Creation of stock for paying off money borrowed, etc 26. For the purpose of paying the dividends on and redeeming' consolidated stock created under this Act there shall be established a 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 fnnd. 27. The board shall carry to the consolidated loans fund the moneys following . . . ; that is to say, — (1) All moneys whether in the nature of capital or otherwise arising from the sale lease or other disposition of lands rents and propertv belonging to the board. \_See aha 47 & 48 Vict. ^."'oO, 6-. 23, and 53 & 54 Vict. c. 41, ss. 24 and 25.] (2) \_The residue of the improvement fnid ichich ma ij come into their hands in the manner mentioned in this Act. Spent.'] (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 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 con- solidated stock in sixty years from the date of the creation thereof. [Amo/ded hy the Homing of the Worhing Classes Act 1903, s. 15.] {_See 18 & 19 Vict. c. 120, s. 190, andnote.']^ 28. \^As to the application of the consolidated, loans fund. Bep. 52 & 53 Vict. c.(A, s. 15.] 29. [_As to application of the Thames Embankment Fund. Bep, 56 & 57 Vict. c. 54 {S.L.B )".] 30. \_As to transfer of the improvement fund to hoard. Bep. i)i part 56 & 57 Vict. c. 54 (S.Jj.B.) ; remr. spent.] 31. The board shall cause to be kept proper accounts showing the appro])riation of the moneys raised by the stock created under this Act for the purposes of the different series of Acts, namely, the General Improvement Acts, the Main Drainage Acts, the Eml)ankment Acts, and the Fire Brigade Act respectively. 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 keptshall be deemed sufficient for the pur- poses of any Act and all other purposes. [-6'eg51 &52]76-^. c. 41,s.71.] 32 — 33. [^1.5 to conversion of existing securities into consolidated stock. Spent.] 34. For the purpose of raising money . . . to pay off any security granted before the passing of this Act by the board for the purposes of any of the Acts mentioned in the first schedule to this Act, and . for the purpose of the conversion of any such security, the board may create consolidated stock under the provisions of this Act in like manner ... 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 ajjplied 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 jiurpose of which the original TQO ^r QQ Vrr,.,. 1 'l/te Metropolifdn Hoard of Worh.'i ra ir^.i-i 4.,- [32 & 33 Vici.] ^/^^^^^^^^ j^.^ ^^^.,^/ [Chap. 102.] 4.i. security was granted. [ Word omitted (" or ") r(?;A 34 & 35 Vict. c. 47, 6'. 7 ; (" and with the lihe mnction ") ;-e/>, 59 & 60 Vict. c. cc.xiv. s. 23.] 35. [/Is to sinking fund of existing securities. Spent.'\ 36. [As to borrowing powers for the jnirposes of Main JJrainfKje^ J'^inhanhtnent, and Fire J brigade Acts. Spent.'] 37. AVliere 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 MetSutaa the board may lend on the security authorized l)y those Acts such Asylum sums as the managers may have been autliorized by the Poor Law iJistrict. Board,* in pursuance of those Acts, to borrow, not exceeding in the whole five hundred thousand pounds. f For the purj)ose of raising the money so lent to the managers, the board may create consoliilated 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 Act, and all the pro- visions of this Act shall apply us if such money were raised and stock were created for the j)ui-[)(jses of the last-mentioned Acts, with this exception, 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 res})ect of interest on or the principal of such loan shall be carried to the Metroi)olitan Consolidated Loans Fund. Notwithstanding anything in the Metropolitan Poor Act, 1867, and the Acts amending the same, the amount 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 borrow money in l)ursuance 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. 38. [Limit of borrowing powers. Rep. 61 & 62 Vict. c. 22 {S.L.R.).'\ 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. . . . [ Words flivklends. omitted C' icith the approval of the Treasurg ") rep. 59 & 60 Vict. c. ccxiv. s. 23.] 40. Any person or body corporate entitled to any consolidated Appointment stock or to any security granted by the board may, if default be °f ^ made for a period of not less than two months after demand in '" ^^ writing in the payment of dividend on sucii stock or of interest on 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 person shall have the same power of collecting and * Xi)\v the Local Government Board, See the Local Government Board Act LS71, s. 2. t This limit is varied by many of the subsequent Jloncy Acts of the iletropolitan Board of A\orks and the London County Council. receiver L-ertain cases. v^si rr 1 f»9 1 '^'^'^ Metropolitan Board of Work.^ r-09 r.o Virr T 4ob [Chap. 102.] ^£^^^^^_^ ^^^.^ ^gg,^ L-^2 ^ 33 Vici.J receiving and applying all moneys lialJe 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 snch 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 assistance 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. [Xote to s. 5 (r/.s to the metropolitan consolidated i^ate) apjplies^ Moneys ^-^^ ^i\ s^^jjis of money, bills, and drafts which are received by the board to ^^^ board Under the provisions of this Act shall from time to time, be paid into within two days after the same have been received, or within two bank to their ^^y^ after any bill has been accepted, completed, and perfected, if the same is not accepted, completed, and perfected at the time it is received, be paid by the board into the hands of some bank to be api)ointed by the lioard . . . , for which the receipt of one of the cashiers or other officers of such ])ank shall 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. [Words omitted (" uith the approval of the Treasury''''^ rep. 59 & 60 Vict. c. ccxiv. 6-. 23.] Exemption 43^ ^ person or body corporate purchasing any consolidated of ^^ockTrom stock, or advancing money to the board on the security of such inquiries into stock, shall not be bound to see or inquire whether such stock is application created or such advances are required for the purposes of the Acts re^iTrit^v of Dientioned in the first schedule to. this Act, or is or are within the proceedings, borrowing powers of the board, or otherwise in accordance with the et^c. 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 to 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-ap|ilication 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. Approval of 43. The approval, sanction, or certificate of the Treasury, where reasur^'. 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. Purchasers 44. Where the board sell or lease or otherwise dispose of to freS^^rom'^ any person or body corporate any land, rents, or property charged charges. Under the provisions of this Act as security for any consolidated TOO 1' oo A7 -\ The Metro nol/f fill hoard of Works ^(^ i,,.)T ion L -J {Loans) Act 1^09. •- -• 8toc;k, such land, rents, and property sliall in tlie hands of sucIj person or body corporate l)e absolutely treed of every su(di charge, and snch person or body corporute shall n(jt be bonnd to sec to or inquire into the application of the money iirising from such sale to tlie consolidated loans fund oi' otherwise in manner directed by tliis A(;t, or be in any way I'esponsible I'or the non-applicatiou thereof. 45. Nothing in this Act shall affect any power or duty of the '"'^wer of board to sell, lease, or otherwise dispose of land, rents, or property euT^amP'^ 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 corporate under any of the Acts mentioned in the first schedule to this Act, or otherwise existing at the passing of this Act, to such moneys or any part thereof. \_See also 41 & 48 Vict, c. oO, s. 23, a)H/^i)'i & o4 Virt. c. 41, s. 24.] 46. The ])oard may, in lieu of any portion of consolidated stock Creation by authorized to be created under this Act, create for the like purpose ^^°!;!!!.?1. termmable annuities, to be called metropolitan annuities, and to be granted at such rate of interest, on such terras, subject to such con- ditions, and terminable after such mimber 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 include annuities so created, and all the provisions of this Act sliall be con- strued 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 calculation 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 instal- ments 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 ai)pli('ants hapi)en to be entitled jjartly to stock and partly to annuities, or where one or more of the applicants hajipen to be entitled to stock and one or more to annuities, as well as where he or tliey 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 secnritv of annuities onlv or partlv annuities and partly stock. (7.) \_As to stamp duty on transfer of. vietrooolitau aniUdties. Rep. 46 & 47 Vk-t. c, 3'J \S.LM.).'] 440 Annual return to be laid before Tarliament. [Chap. 102.] The Metropolitan Board of Works Loans {Act) 1869! [32 & 33 Vict.] 47. \_As to existing secwities under the Acts mentioned in th^e first schedule. Spent ?^ 48. [ Transitory prousions as to uncompleted loans. Spent.'] 49. On or before the first of June in every year the lioard shall prepare a return, in such form as may he 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 loan 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. [See also 38 & 39 Vict. c. 65, s. 13.] 50. \_Repeal of Acts in third schedale to the extent therein mentioned. Hep. 46 & 47 Vict, c, 39 {S.L.It.).'] SCHEDULES. FiKST Schedule. Acts authorizinq Loans. Date. Title. PART I.— GEXEEAL IMPEOVEMEXT ACTS. 18 & 19 Vict. c. 120. 19 cic 20 Met. c. 112. 2.5 & 26 Vict. c. 102. 20 & 21 Vict. c. cxv. 20 k. 21 Vict. c. cl. 21 & 22 Vict. c. xxxviii 27 & 28 Vict. c. iv. 28 & 29 Vict. c. iii. 29 & 30 Vict. c. cl. 31 & 32 Vict. c. vii. 21 & 22 Vict. c. 1(14. 26 &; 27 Vict. c. 6S. 28 & 29 Vict. c. 19. 28 & 29 Vict. c. 90. 2.5 & 26 Vict. c. 93. 26 & 27 Vict. c. 45. 26 & 27 Vict. c. 75. 27 & 28 Vict. c. cxxxv. . 27 & 28 Vict. c. 61. 31 & 32 Vict. c. 43. 31 k. 32 Vict. c. cxi. 31 & 32 Vict. c. cxxxv. . 32 & 33 Vict. c. cxxxiv. The Metropolis Management Act, 1855. The Metropolis Management Amendment Act, 1856. The Metropolis Management Amendment Act, 1862. Covent Garden Approach and Southwark and West minster Communication Act, 1857. The Finsbury Park Act, 1857. Victoria Park Approach Act, 1858. . The Southwark Park Act, 1864. . Whitechapel and Holborn Improvement Act, 1865. . j Kensington Improvement Act, 1866. . • Marylebone (Stingo Lane) Improvement Act, 1868. PART II.— MAIN DRAINAGE ACTS. The Metropolis Management Amendment Act, 1858. The Metropolitan Main Drainage Extension Act, 1863. f An Act to extend the period for borrowing the sum authorized to be raised under the Metropolitan Main Drainage Extension Act, 1863.t PART IIL— FIRE BRIGADE ACT. . , The Metropolitan Fire Brigade Act, 1865. PART IV.— EMBANKMENT ACTS. , I The Thames Embankment Act, 1862. . The Metropolis Improvement Act, 186.3. . The Thames Embankment Act. 1863. . Thames Embankment Amendment Act. 1864. . : The Thames Embankment and Metropolis Improve- I ment (Loans) Act, 1864.f . The Thames Embankment and Metropolis Improve- ment (Loans) Act, 1868. f . ^ The Thames Embankment (North and South) Act, 1868. . I The Thames Embankment (Chelsea) Act, 1868. The Park Lane Improvement Act, 1869. * See also the Tramways Act 1870, s. 21. t Rep. by s. 50 of this Act. (See Appendix.) [32 L .3^ ViCl.J (l.nan^\ Act 1860. ^-^^^^ ' ^^^^ ^^^ (Loans) Act 1800. Skconu SciiKDrM';. J'^oriihs of 'rraiis/i'r. J J ,!./>'., of , in coiisitlcji-iition (^T the suiu of pounds paid to mo by CI), of , do lioreby transfer to tlie said C'./A, liis executors, administrators, and assigns, the sum (jf £ metro|)olitan consolidated stock \or atinuitios] 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]. In witness whereof, I have hereunto set my hand this day of one thousand eight hundred and A.B. (L.s.) 1, CD., do hereby acce])t 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 CD. (L.S.) Third Schedule. [Enactments repeaUd (viz. 80 much of .v. 135 of 18 & 19 Vict. c. 121) a.s promdcs that the sewers and -works 'therein mentioned shall be completed on or before the "Mst December 18(50 ; so much of s. 183 thereof as relates to the mode of borrowing b>/ the Metropolitan Board of Worhs, and ss. 184—191 thereof, both inclusive, so Jar as regai^ds the Metropolitan Board oj Works — s. 45 from " anil for securing " to end of section, and ss. 46 — 53, both incUmce, and s. 56 ,•. '38fro?n ^^ and for securing'' to end of section, and as. 39 — 44, both inclasire, and s. 47 of 21 & 22 176'^. c. xxxviii.— .s. 37 and ss. 42—40, both inclusive, of 25 & 26 Vict, c. 93—6-6'. 19 and 20 so far as regards the Metropolitan Board of Works, and s. 26 of 2o & 26 Vi'ct. c. 102— so much of s. 20 a*- incorporates s. 37 of 25 & 26 Vict. c. 03 ; and ss. 22 a?id 23 (f 26 & 27 \lct. c. 45—26 & 27 Vict. c. 68 (the whole Act)— so much of s. 21 as incorporates s. 37 o/25 & 26 Vict. c. 93 ; and ss. 26, 27, 28, and 29 of 26 & 27 Vict. c. 75—27 & 28 Vict. c. 61 {the whole Act) — s. dlfrom ^^ and for securing" to end of section, and ss. 32 — 39, both inclusive, of 21 & 28 Vict. c. iv.— 28 & 29 Vict. c. 10 {the whole Act)—ss. 10, 20, and 21 <2/'28 ct 20 Vict. c. 00— 6-. 31 from " and for securing " to end of section, ss. 32—30, both inclusive, and s. 42 <>i/28 & 20 Vict. c. m.—s. 'i^) from '^ and for securing" to end of section, ss. 31 — 38, both inclusive, and s. 41 o/ 20 &, 30 Vict.c. d.— 31 & 32 Vict. c. 43 {the whole Act)—.^. W) from ''and for securing'' to end of .section ss. 20—26, both inclusive, and s. 29 of 31 & 32 Vict. c. \n.—so much of s. 18 as relates to the mode of borrowing^ and ss. 19 — 22, both inclusive, of'il & 32 Vict. c. cxi. — so much of s. 28 as incorporates s. 37 r)/' 25 k 26 Vict. c. 03 ; so 44^ [Chap. 107.] Tlte Metropolitan Commons Amendment Act 180'.). [32 & 33 Vict.] muck of s. 29 as relates to the mode of horrounmj^ and ss. 30 — 32, bot/i inclusive, of?>\ & 32 Vict.c. cxxxv. — so much of s. 25 as relates to the mode of borrowing, and ss. 26 — 28, both i'nclusive, of 32 & 33 Vict. c. cxxxiv.) rep. 46 & 47 Vict. c. 39 (/S.L.i^.).] Short title. Extension of interpreta- tion of terra " common " in 29 & 30 Vict. c. 122. Extension of right to memorialize. CHAPTER 107. An Act to amend The Meteopolitan Commons Act, 1866. \\\th August 1869.] {Preamble rep. 56 & 57 Vict. c. 54 {S.L.R.)^ 1. This Act may be cited as " The Metropolitan Commons Amendment Act, 1869." 2. The following words shall be added to the interpretation of the term " common " in the third clause of The Metropolitan Commons Act, 1866 ; namely, " and any land subject to be included under the provisions of the eighth and ninth Victoria, chapter one hundred and eighteen." * - . 3. A scheme may be made, under The Metropolitan Commons Act (1866), on a memorial in that behalf presented to the Com- missioners f by any twelve or more ratepayers, inhabitants of the parish or parishes in which the metropolitan common is situate, as well as by any such person, persons, or body as is or are described in section six of the said Act. Short title. Limits of Act. Definition of stage car- riage and hackney Meaning of " prescribed. Exemption of certain carriages from opera- tions of Act. CHAPTER 115. An Act foe amending the Law relating to Hackney and Stage Carriages within the Metropolitan Police District. \Uth August 1869.] • {Prea7nble rep. 56 & 57 Vict. c. 54 (.S.Z.ii'.).] 1. This Act may be cited for all purposes as " The Metropolitan Public Carriage Act, 1869." 2. The limits of this Act shall be the metropolitan police district, and the city of London and the liberties thereof. 3. {Commencement of Act {\st January 1870). Hep. 56 & 57 Vict. c. 54 (^IL./t*.).]' 4. In this Act " stage carriage " shall mean any carriage for the conveyance of passengers which plies for hire in any public street, road, or place within the limits of this Act, and in which the passengers or any of them are charged to pay separate and distinct or at the rate of separate and distinct fares for their respective places or seats therein. " Hackney carriage " shall mean any carriage for the conveyance of passengers which plies for hire within the limits of this Act, and is not a stage carriage. " Prescribed " shall mean " prescribed by order of one of Her Majesty's principal Secretaries of State." \8ee also 6 & 7 176-^ c. 86, s. 2.] 5. A "stage carriage" which on every journey goes to or com^s from some town or place beyond the limits of this Act shall not be deemed to be a carriage plying within the limits of this Act. * I.e. the Inclosnre Act 1845. f Now the Board of Agriculture. See note on 29 & 30 Vict, c 102, s. 3. [32 & 33 Vict.] ''''" ^^'^'"^''^'j^.i ^'" ^ ''"''"'^' [< ''^ai-. 1 1 5.] 443 Licensin;/ Ihickney ami Star/f: Carriages. 6. One of Her Majesty's l*rincii»iil Secretaries of State may from [^'''^J^^f time to time license to ply for hire within the limits of this Act ^^^^.j^^^' hackney and stji^e carriages, to be distinguished in sncli manner licences, as he may by order prescribe. Any licence in respect of a hackney or stage carriage under this section may be granted at such price, on su(;h conditions, Ijc in such form, be suljject to revision or suspension in such events, and generally be dealt with in such manner as the said Secretary of State may ))y order prescribe, subject as follows : — (1.) That a hackney or stage carriage licence shall, if not revoked or suspended, be in force for one year, and there shall be ])aid in respect thereof to the Receiver of the Metro- ])olitaii Police, to be carried to the account of the Metro- })olitan Police Fund, such uniform sum, not exceeding two pounds two shillings, as the said Secretary of State may })rescribe : (2.) That in any such order provision shall be made for the transfer of a hackney oi- stage carriage licence to the widow or to any child of full age of any person to whom a hackney or stage carriage licence has been granted who may die during the continuance of such licence leaving a widow or child of full age, and also for the transfer of a hackney or stage carriage licence to the husband (jf any woman to wliom such licence has been granted and who marries during the continuance thereof. 7. If any unlicensed hackney or stage carriage plies for hire, the Penalty owner of such carriage shall be liable to a penalty not exceeding five °JJiScense(^ pounds for every day during which such unlicensed carriage plies, carriage. And if any unlicensed hackney carriage is found on any stand within the limits of this Act, the owner of such carriage shall be liable to a penalty not exceeding five pounds for each time it is so found. The driver also shall in every such case be liable to a like penalty unless he proves that he was ignorant of the fact of the carriage being an unlicensed carriage. Any hackney or stage carriage plying for hire, and any hackney carriage found on any stand without having such distinguishing mark, or being otherwise distinguished in such manner as may for the time being be prescribed by the said Secretary of State, shall be deemed to be an unlicensed carriage. "o' Licensing Drivfis of Unckneg and Stage Carriages. 8. No hackney carriage shall ply for hire within the limits of iiackncy this Act unless under the cliarge of a driver having a licence from carnage to the said Secretary of State, and no stage carriage shall ply for hire ^^. licensed within the limits of this Act unless the conductor and driver of such drivers, carriage have respectively licences from the said Secretary of State. If any hackney or stage carnage plies for hire in contravention of this section, the person driving the same, and also the owner of such carriage, unless he proves, in the case of a hackney carriage, that the driver, and in the case of a stage carriage, that the conductor or driver, as the case may require, acted without his privity or consent, shall respectively be liable to a penalty not exceeding forty shillings. AAA rnTT.x, 1 1 K n The Metropolitan Public Catriaqe roo p oo ir n 444 [Chap. 115. 1 ^ yl^/j 1869 [32 & 33 Vict.] A licence to the driver or conductor of a hackney or stage car- riage may be granted at snch price, on such conditions, be in such form, be subject to revocation or suspension in such events, and generally be dealt with in such manner as the said Secretary of State may by order prescribe, subject to this jn-ovision, that any such licence shall, if not revoked or suspended, be in force for one year, and there shall be paid in respect thereof to the Receiver of the Metropolitan Police, to be carried to the account of the Metro- politan Police Fund, such sum not exceeding five shillings as the said Secretary of State may prescribe. This clause shall not repeal the tenth section of an Act of the sixth and seventh years of the reign of Her present Majesty, chapter eighty-six. Regulations relating to Hackney and Stage Carriages. Regulations 9^ The Said Secretary of State may from time to time by order make and'stage^^^"^ regulations for all or any of the following purposes ; that is to say, (1.) For regulating the number of persons to be carried in any hackney or stage carriage, and in what manner such number is to be shown on such carriage, and how such hackney carriages are to be furnished or fitted : (2.) For fixing the stands of hackney carriages, and the distances to which they may be compelled to take passengers, and the persons to attend at such stands : \_See also 6 & 7 Vict. c. 86, ss. 29 and 33 ; 13 & 14 Vict. c. 7, s. 6 ; and 16 & 17 Vict. c. 33, s. 12.] (3.) For fixing the rates or fares, as well for time as distance, to be paid for hackney carriages, and for securing the due j)ublication of such fares ; provided that it shall not be made compulsory on the driver of any hackney carriage to take passengers at a less fare than the fare payable at the time of the passing of this Act : [_See 16 & 17 Vict. c. 33, s. 4, and c. 127, ss. 13 — 15.] (4.) For forming, in the case of hackney carriages, a table of distances, as evidence for the purpose of any fare to be charged by distance, by the preparation of a book, map, or plan, or any combination of a book, map, or plan : (5.) For securing the safe custody and re-delivery of any property accidentally left in hackney or stage carriages and fixing the charges to be paid in respect thereof, with power to cause such property to be sold or to be given to the finder in the event of its not being claimed within a certain time : [_See 16 & 17 Vict. c. 33, .s-.^'ll.] Subject to the following restrictions : — (1.) In fixing the stands for hackney carriages within the city of London and the liberties thereof the consent of the Court of the Lord Mayor and Aldermen shall be required to any stand appointed by the Secretary of State : (2.) No hackney carriage shall be compelled to take any jiassenger a greater distance for any one drive than six miles : (3.) During such portion of time between sunset and sunrise as is from time to time prescribed, no driver shall ply for hire unless the hackney carriage under his charge be pro- vided with a lamp properly trimmed and lighted, and fixed outside the carriage in such manner as is prescribed. This clause shall not repeal section thirteen of the Act of the [32&33VICT.] The Park Lane fmprovement AcnW.K [C'HAP.cxxxiv.] 445 fif'tli uiul sixth years of the rei«in of Her present ]\Iaje.sty, chapter seventy-nine,* so far as re.u'ards existing carriages or any which may be built witliin one year after the passing of this Act. 10. ^Vhere the Secretary of State is authorized to make any order Penalties for under tliis Act, lie rniiv annex a i)enaltv not exceeding fortv shillings '"'each of re- for the breach of sucii order or of any part or parts thereof, or of" any regulation or regulations thereby made ; and any })enalties under this section shall be deemed to be penalties under this Act, and may be enforced accordingly. 11. Any licence graiitable by a Secretary of State under this Act Licences hy may, if the said Secrctarv of State so direct, be '^ranted bv the ^^•'o™ ^" '^e ( Commissioner of the Metropolitan Police, or by such other person *" as the said Secretary of State appoints for the j)uri)ose. 12. The said Secretary of State may appoint such officers and Powers to constables of the metropolitan i)olice force, and for the citv of^ai-ryAct 1 J 7 •■ _ into cxGCu- London of the city police, as he tliinks fit to perform any duties tion. required to be performed for the purj)0ses of carrying this Act into execution, and may award such sums by way of compensation for their services out of the monies raised under this Act as he may think just. Legal Proceedings and Miscellaneous. 13. All penalties under this Act may be recovered summarily in Recovery of the manner directed by the Act of the session of the eleventh and penalties, twelfth years of Her ])resent Majesty, cha])ter forty-three, and any Act amending the same; and the term "justice" or '-justice of the peace " shall include any metropolitan police uiagistrate sitting alone at a police court or other appointed place, and the Lord Mayor of the citv of London or any alderman of the said citv sittins; alone or with others at the Mansion House or Guildhall. 14. The Commissioner of the Metropolitan Police may cause to Placard, etc. be attached to any lamj) post any placard or signal for the purpose "^>' ''® of carrying into effect the provisions of this Act. lanip'post, 15. All the provisions of the Acts relating to hackney carriages E.xisting and metro])olitan stage carriages in force at the time of the com- ^^^^^ ^"^ "^on- mencement of this Act shall, subject to any alteration made therein f [""e ^° by this Act or bv anv order or regulation of the said Secretary of state made m pursuance of this Act, continue in force, and all such ])rovisions of the said Acts as relate to licences granted under those Acts, or any of them, sliall, subject to any alteration as aforesaid apply lo licences granted under this Acr. CHAPTER CXXXIV An Act to enable the Metropolitan Boakd of AVork.<; to WIDEN Hamilton Place, and to extend the same into and IMPROVE Park Lane, in the Parish of Saint George. Hanover Square, in the County of Middlesex : and for other Purposes. pG^// Julg I.nOO.] [Preamble recites (inter alia) that the Commissioners of Her Majestg's Worhs and Public Buildings have set bach the eastern * I.e. the Eailwav Passencrer Bntr \ct ls42. 440 [CHAP.cxxxiv.] The Park Lane Improvement Act 1869. [32&33 Vict.] Short title. No buildinji- to Vie erected iu a certain part of the impro'vement Ways to stables not taken to be made. houndartj fence of Htjde Park and tvidened a portion of Park Lane from its junction ivitk Oxford Street to or towards the termination of the improvement bij this Act authorized, and that the Metropolitan Board of Works * {in this Act called the Board) are about to construct such icorks as may he necessary to form and adapt for public traffic the widened portion aforesaid (in this Act called " the northern widening ")•] 1. In citing tbis Act for any pni-pose it shall be sufficient to use the exjiression " The Park Lane Improvement Act, 1869." 2. ^^Incorporation of lAinds Clauses Acts. Spent.'] 3. \_Parts omitted {definitions of '-'■ court of competent jurisdiction^'' ^'- improvemeMf ^'street,''' ^^ sherif" ^' the northern widening^'' and '■^ the parish,'"' and as to meanings of n-ords in Acts incorporated) s/jent.'] 4 — 6. \_Board to execute Act — Power to act by committee — Persons interested not eligible for committee. Spent.] 7. \_Power to the Board, to widen Hamilton Place and extend it into Park Lane in the parish of St. George, Hanover Square, and to take lands for such purposes. Spent.] 8. No erection or building- whatever, excej^t an open iron fence on a stone base, which base shall not exceed three feet in height from the surface of the road, shall be erected on the said lands between Hyde Park and the row of houses commencing with Holdernesse House and extending to Stanhope Gate. 9. [Po/cer to alter streets. Spent.] 10. [^iJirecting how pavements shall be laid, and, that the widened, and new streets iclien paved shall be repaired, by the vestry of the parish, of St. George, Hanover Square,] and that the propjerty therein .^IhiU belong to such vest/'y.] 11. [Power to the Board to fill up sewers and d rains on providing .substitutes, which are to be under the same ca.re and management as existing sewers and drains.] 12. [Power to alter steps, areas, pipes, etc. Spent.] 13. [Ground laid into streets to form part tltereof, to he used hy public and to be under the management of the said vesUy.]] 14 — 18. [Lrroi'S and omissions in plans — Power to the Board to sell materials — Power to surrey land to be taken — Power to treat for lands — Periods for compulsory purchase of lands limited to 2 and for completion of works to 4 years. Sjjcnt.] 19. Such ways and openings shall be made and paved by the Board as shall be necessary to provide convenient access for carriages and foot passengers from Hamilton Place to the stables and coach houses on the east side thereof which may not be taken for the purpose of the works by this Act authorized, and to the backs of the houses Nos. 138, 139, and 140, Piccadilly, and the said ways and oi)enings shall be formed, made, and paved to the satisfaction of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or one of them, and Her Majesty and Her lessees and tenants shall at all times have the use and enjoy- * Now the London County Conncih See 51 & 52 Vict. c. 41, s. 40 (S). t Now the city of Westminster. See 62 & 68 Vict. c. 14, s. 1, and Letters Patent dated the 27th October I'JOO, and published in the Landon (slazette, 30th October 1900. 133 & 34 Vict.] '^^'^ ^/^^r.;>.^7a;| P..;- Amendment ^^^^^^ ^^-^ 44. raeiit of sncli ways and openings eitlier with horses and carriages or witiioiif. 20 — 24. [^l.s fo (Irfieiencies of huid tax thuing fcorhs — Power to the 1)0(11(1 to .^cll .HHrpliis land — Land not nytnted to be sold n-ithin 10 years — Receipts of the Hoard to be effectual dinchargea — An to expenses of northern icidening. Spent.'l 25. \_Borro/cing powers, lie p. {so far a.s relates to the mode of borrotchig) 32 k 33 Vict. c. 102, s. 50. lienir. spent.'] 26 — 28. \_As to the improvement fmd under the London Coal and Wine Dutiea Continuance Act)i iJSOl, and amending Acts. lie]). 32 & 33 Vict. c. 102, s. 50.] 29. [^Powers of Metropolis Management Acts extended to this Act. Semble Spent.] 30 — 31. {^Saving the rights of the Crown.] 32. \^llc})cnses of obtaining Act . Spent ^ 33 & 34 VICTORIA. A.D. 1870. CHAPTER 18. An Act to provide for the equal Distribution over the Metropolis of a further Portion of the (.'harge for the Relief of the Poor. \2Wh June 1870.] [Preamble rep. 56 & 57 Vict. c. 54 (^.L./?.).] 1. . . . The provisions of the sixty-ninth section of the Metro- Maintenance politan Poor Act, 1867, directing the repayment of the expenses p^Q^j^^^e a incurred for the maintenance of lunatics and insane poor, and of charge upon patients in any asyhim s])ecially provided nnder that Act for patients the Metro- suit'ering- from fever and small pox, siiall extend to the expenses j^on^poor^'^^* incnrred for the maintenance of panpers in any other asylum now Fund. or hereafter to be provided under the said Act, and to the main- tenance of pauj)ers ahove the age of sixteen years in any workhouse in the metropolis, and the Poor Law Board* shall, by its precept under seal, direct the Receiver of the Common Poor Fund to repay such expenses out of that fund, in the same manner as the expenses specified in that section, subject, nevertheless, to the following provisions : — (1.) The Poor Law P)oard* shall certify the maximum number of paupers to be maintained in any workhouse or asylum. (2.) No repayment shall be made in respect of a greater number of paupers maintained in any asylum on any one day than will com])lete the maximum number which such asylum shall have been certitieel to hold as aforesaid, nor in respect of a greater number of })aupers maintained in any workhouse on any one day than will, together with the children under the age of sixteen, if any, maintained therein on the same day, complete the maximum number certilied for such workhouse, (3.) The amount so repaid in respect of such maintenance shall be at the rate of fivepence per day for each paui)er in such workhouse or asylum. * Now the Local Liovernment Board. See the Local Government Board Act 1.S71, s. 2. 448 The main- tenance of officers to be allowed as part of their salaries. Financial statement of guardians. Construction. Short title. r/t ofT The Metropolitan Board of Works roo s oa^t t IChap. 24.1 ,/ \ A . 10-A 133 & 34 Vict.| L -■ {Loans) Act 18/0. •- ^ (4.) If the guardians of any union or parish, or the managers of any asylum, shall, during any half year ending at Lady Day or Michaelmas respectively, have refused or neglected to comply with any order of the Poor Law Board,* issued under the Poor Law Acts, directing the alteration or enlargement of the workhouse, the provision of i)roper drainage, sewers, ventilation, tixtures, furniture, surgical and medical appliances, or directing the appointment of any oflficer, or prescribing the maximum number of paupers to be maintained in any workhouse or asylum, or the classification of such paupers, such guardians or managers shall be deemed to be in default, and the Poor Law Board* may, if they think fit, omit from their precept for such half year, addressed to the Receiver of the Common Poor Fund, the sums which such guardians or the guardians of the unions and j^arishes comprised in the district to which the asylum belongs, would have been entitled to be repaid under this Act if there had been no such default : Provided that if such guardians or managers shall comply with such order before the termination of the next ensuing half year, it shall be lawful for the Poor Law Board* to include in their precept for that half year the sums so omitted from their precept for the jn-evious half year. [Words omitted {^^ From and after the 29tk day of September., 1870 ") rep. 56 & 57 Vict. c. 54 {S.L.R.)?^ 2. The term " salaries of oflicers," referred to in the said sixty- ninth section of the said Metropolitan Poor Act, shall include the cost of the rations of the officers therein described, according to a scale to be fixed by the Poor Law Board.* 3. Within one month of each audit of the accounts of the board of guardians of any union or jmrish in the metropolis, such board shall deliver, by post or otherwise, to each vestry t within such union or parish, one or more copies of the financial statement of such guardians, showing the receipts, expenditure, balances, and liabilities for the half-year, as audited. 4. This Act shall be construed in like manner as the Metropolitan Poor Act of 1867, and shall be termed The Metropolitan Poor Amendment Act, 1870. CHAPTER 24. An Act for making fuether Provision respecting the borrow- ing OF Money by the Metropolitan Board of Works. [4^/^ July 1870.] [Preamble rep. 56 & 57 Vict. c. 54 {S.L.R.).'\ Short titles 1. This Act may be cited as The Metropolitan Board of Works and construe- (Loans) Act, 1870, and shall have eff"ect as one Act with the Metro- politan Board of Works (Loans) Act, 1860, in this Act referred to as the principal Act ; and the principal Act and this Act may be cited together as The Metropolitan Board of Works (Loans) Acts, 1869 and 1870. * Now the Local Government P.oard. See the Local Government Board Act 1871 , s. 2. •j- Now tlie Metropolitan Borough (Councils. See G2 & Gli Vict. c. 14, s. 4. roQ Sr OA \T-.r,.^-\ The Thames Kmhanhmerd r-f. .. ^ . ,^ [33 & 34 Vict.] ^^^orth) Act 1870. [Chap, xcn.] 449 2. [^l.v to composition for Htamp flat)/ on transfers of existing stock. Rep. 40 k 47 Vict. c. 3U (S.L.li'.).] 3 — 4. [-1^ to composition for stamp dutij on transfers of future stock ana of terminable annuities. Rep. by the Stamp Act 1891, s. 123.] 5. In consideration of the provisions for comy)Osition in this Act Exemption contained, transfers of metropolitan consolidated stock issued or to f rom^rtamp l)e issued, and stock cei'tificates in resj)ect thereof, and transfers of metroi)olitan annuities, are herelty, notwithstanding anything in the principal Act, exempted from stam]) duty. \^See also the Customs and Inland Revenue Act 1887, ss. 14 and 15.] 6. \_As to composition for stamp duty payable under this Act. Spent.'] 7. Section eleven of the principal Act shall liave effect as if Amendment in paragraph (1.) thereof "transferor" were substituted for ^J former ^^' " transferee." Act. 8. In the event of any Act being passed in the present session Alteration of of Parliament containing provisions in suljstitution for The Stock [^^g^g",^^ *^ Certificate Act, 18G3,* section sixteen of the principal Act shall have certificates, effect as if the substituted provisions were referred to in that section in lieu of The Stock Certificate Act,* 1863. \_See the Isational Debt Act 1870, part v.] CHAPTER XCII. An Act for the Abandonment of the authorised Street from THE Thames Embankment below Charing Cross Kailway Bridge to Wellington Street, Strand ; and for other purposes. [Ath July 1870.] [Prea??ible recites that by 31 & 32 Vict. c. cxi. (in this Act referred to as the Embankment Act of 18G8) the Metropolitan Board of Works (in this Act called the Board]) were authorised among other things to make a street (No. 4) described in the preamble to the Embankment Act of 1868, and that it is expedient to abandon the making of such street.] 1. This Act mav be cited as The Thames Embankment (North) Short title. Act, 1870. 2. The Board shall abandon the making: of the said street. Abandon- ^ _^ ment of 3. \_As to compensation in respect of lands abandoned. Spent.] street. 4. The sections of the Embankment Act of 1868 described in the Repeal of schedule to this Act by their numbers and marginal notes are ^^^g^^j^^ hereby repealed. 5. Provided always, that all land authorised to be taken for the ^'''^r protec- purposes of the said street, and forming part of the land referred ^^elpbi^ ^^ to in the 23rd section of " The Thames Embankment (North and estate, v^outh) Act, 1868," shall be subject to and ini'luded within the provisions of the said section, and shall be accordingly maintained by the Board for the use of the })ublic as a place c»f recreation, or as ornamental ground ; and, except as is by this Act otherwise provided, nothing in this Act contained shall prejudice or affect the ♦ Rep. 33 k U Vict. c. OO (S.L.K.). f Now the London County Council. See 51 Jc 52 Vict. c. 41, s. 40 (8). 29 450 [Chap. 15.] The Metropolitan Poor Act 1871. [34 & 35 Vict.] property, rights, or interests of George James Drummorid, the owner or reputed owner, or other the owner for the time being, of the Adelphi estate. 6. [Expenses of executing and obtaining Act. Spent.'] The SCHEDULE to which the foregoing Act refers. Sections of Embankment Act of 1868 repealed. Number. Marginal note. Twenty-six . Thirty . Thirty-four . Thirty-five . Thirty-six Foot communication from Adelphi. Certain land to be sold to the ^Marquis of Salisbury. Construction of street Xo. 4 through precinct of Savoy. Removal of graves, etc. at Lutheran Chapel. Compensation in respect of burial ground. The provi- sions of 30 & 31 Vict. c. 6., etc., appli- cable to buildings extended to other sub- jects. Act incorpo- rated with above-recited Act. 34 & 35 VICTORIA. A.D. 1871. CHAPTER 15. An Act to amend The Metropolitan Poor Act, 1867. \_2bth May 1871.] [Preamble {reciting 30 & 31 Vict. c. 6) rep. 56 & 57 Vict. c. 54 {S.L.R.).-] 1. . . . All the provisions of the said Act, as amended by the subsequent Act of 1869, which relate to the procuring of any buildings for the purpose of an asylum under that Act shall apply to any ship, vessel, hut, tent, or other temporary erection which may be used by the managers, with the approval of the Poor Law Board,* for the reception of paupers, or otherwise for the purposes of the asylum, whether the same shall have been acquired or used prior to the passing of this Act, or shall be acquired or used hereafter ; and such ship, vessel, hut, tent, or other temporary erection shall for all the purposes of the first-mentioned Act be deemed to be an asylum specially provided under it. [Word omitted (" that ") rep. 56 & 57 Vict. c. 54 (S.L.E.). See also 30 & 31 Vict. c. 6, s. 31 ; and 32 & 33 Vict. c. 63, s. 11.] 2. This Act shall be construed as and shall be taken to be incor- porated with the said Metropolitan Poor Act, 1867. CHAPTER 47. An Act for amending the Acts regulating the borrowing of Money by the Metropolitan Board of Works ; and for other Purposes relating thereto. [I'^th July 1871.] [Preamble rep. 56 & 57 Vict. c. 54 {S-l.E.).] Short titles. 1. This Act may be cited as The Metropolitan Board of "Works Act to be con- (Loans) Act, 1871, and shall be construed and have effect as one AcTsteTii^n ^^^ ^^^^ ^^^ Metropolitan Board of Works (Loans) Act, 1869, in named. this Act referred to as the principal Act; and the principal Act * Now the Local Government Board. See the Local Government Board Act 1871 S.2. ro^ p or T7- ^ n TV^'i? Metropobtan Board of ]\ orks ,-. , , - -> .^. [34 & 35 Vict.] ,/ . . * ^o~^ (Jhai*. 1;).| 4;j1 •- -' {Loans) Act \Hi\. l -J and The Metropolitiui Board of Works (Loans) Act, 1870, and this Act may be cited togetlier as Tlie Metroi)olitan I'oard of Works (Loans) Acts, 1869 to 1871. 2. \_l )t'Ji.nition of ^^ main druinaye securitieny Spent. '\ 3 — 6. [Amendme/nt of pj'ovisions respecting main drainage securities. Spent.'] 7. \_Omission of the word. " or " in s. 34 {first line) of the principal Act. Rep. 56 & 57 Vict. c. 54 (S.L.R.).'] 8. [Amcndmrnt of s. '34 of the principal Act, hy substituting consolidated stork for Main Urainatje and other securities.] 9. All consolidated stock created before or after the passing of this Repayment of Act for an3^ of the ijurposes of section thirtv-four of the principal Act ^^If:'"^.;^?!!'^ shall, notwitlistandmg anything in the principal Act or this Act, be years, purchased or redeemed and cancelled within sixty years from the time of the tirst creation by the Board* of any consolidated stock. 10. \_Loans di/ the Board to vestries and district boards. Rep. 46 & 47 Vict. c. 39 {S.L.R):\ 11. [^Continuance of limit of borrowing poivers. liep.Ql &62 Vict, c. 22 {S.L.R.).] 12. The books for the transfer of consolidated stock created by Closing of the Board* may be closed on any day in the month next preceding ''■^'jf^^J" that in which the dividends on that stock are payable, but so that dividend, the books be not at any time so closed for more than fifteen days ; and the persons and bodies corporate who on the day of such closing are inscribed as holders of consolidated stock shall, as between them and their transferees of consolidated stock, be entitled to the dividend thereon becoming ])ayable next after that day ; and this section shall have effect in lieu of section twelve of the principal Act. 13. [Power for trustees to take Metropolitan stock. Rep. by the Trust fnrestment Act 1889, s. 8. See ibid. s. 3 (f).] 14. [*S'. 3 of the Married Wo7nen''s Property Act 187U to apply to Metropolitan stock. Rep. 46 & 47 Vict. c. 39 {S.L.R.).] 15. Any account required by the Main Drainage Acts to be Description opened in the books of . . . the Bank of England, and any account ^^ ^^^^j. ^f required by any other Act or by the Treasury to be so o])en('d for England for any purpose connected with the duties of the Board,* shall, if the '"»'"''™'n''^ge Treasury so direct, be opened and kept under the official designations purposes!^ of the Permanent Secretary of Her Majesty's Treasury and the Chairman of the Metropolitan Board of Works* for the time being, jointly ; and on a vacancy in the office of either of those officers, the balance remaininti: to the credit of anv such account shall vest in his successor in office jointly with the other, and during the vacancy shall not be disposed of by the other, and in case of a vacancy by death shall not constitute assets of the deceased or be in any manner subject to the control of his legal representatives ; and the Treasury shall from time to time direct in what manner any such account shall be drawn on, and what evidence of the title of any person to draw thereon shall be sufficient ; and . . . the Bank of England are hereby indemnified in respect of anything done or permitted under this section. [ WonLs omitted (" the Governor and Company of'' rep. 56 «fe 57 Vict. c. 54 (-S.A./^.).] 16. \As to the annual report of the Board under 18 & 19 Vict, c. 120, 6\ 200. Rep. ij(j & 57 Vict. c. 54 {S.L.R.).] * Now the London County Council. See 51 k 52 Vict. c. 41, s. 40 (S). .f-o rn 1 •• 1 The Metropolitan Commons First ro^ p octt n 452 [Chap. Ivii.] Supplemental Act 1871. ^^^ ^ ^^ ^ ^^^'^ 17. [^« to loans to the managers of the metropolitan asylum district. Rep. 46 & 47 Vict. c. 39 {Sl.R.).'] 18. {Appointment of auditor of accounts of the Board. Rep. 56 & 57 Vict. c. 54 (/S'./y./i!.).] Modified scheme as to Blackheath certified by Inclosure Commis- sioners confirmed. Short title. CHAPTER LVII. An Act to confirm a Scheme under " The Metropolitan Commons Act, 1866," relating to Blackheath. [29M .June 1871.] [Preamble recites that the Inclosure Commissioners for England and, Wales have, in pursuaiK-e of " The Metropolitan Commons Act, 1866," duly certified a scheme for the establishment of local manage- ment with respect to Blackheath, .situate in the parishes of Greenwich and Lewisham, in the county of Kent.*^ \_Be it e?iacted] 1. That the scheme for the establishment of local managemeDt with respect to Blackheath, situate in the parishes of Greenwich and Lewisham, in the county of Kent,* certified by the Inclosure Commissioners for England and Wales under their seal on the third day of November one thousand eight hundred and sevent}", be modified by the omission in clause 14 of the scheme of the words "by clause 6 of the Metropolitan Commons Act, 1866, inasmuch as the improvement of the Heath and the prevention of nuisances thereon and other pur230ses of a like nature cannot be carried out without in some small degree interfering with such rights, but such interference will be beneficial to such rights and the persons entitled thereto respectively, and no such rights are taken away or injuriously aifected," the lords of the manors of Lewisham and East Greenwich having consented to such modification, and that the said scheme so modified be hereby confirmed, and from and after the passing of this Act shall be deemed to be a Public General Act of Parliament, of the like force and effect as if the provisions of the same had been enacted in the body of this Act. 2. This Act may be cited for all purposes as " The Metropolitan Commons Supplemental Act, 1871." t SCHEME with respect to Blackheath. 1. Blackheath hereinafter called " the Heath " in the county of Kent * as the same is delineated in a plan deposited with the Inclosure Commissioners J for England and Wales shall henceforth for all the purposes of this scheme be regulated and managed by the Metropolitan Board of Works hereinafter termed the " Board." § 2. [_Power to appoint offi,cers and as to expenses of executing scheme. Su])erseded hy the Municipal Corporations Act 1882, ss. 19 and 20 (see Appendix), and 51 & 52 Vict. c. 41, 8. 75.] 3. The Board may execute any works of drainage and improvement of the Heath so far only as may be required for the purposes of the Metropolitan Commons Act and shall preserve the turf gorse fern and grass and for this purpose may enclose by fences for short periods such portions as may require rest to revive the same and may take all necessary steps for preserving the trees * Now the county of Loudon. See 51 & 52 Vict. c. 41, s. 40 (2). f This Scheme is not, as in other cases, printed with the confirming Act, but is set out here for convenience of reference. + Now the Board of Agriculture. See the Board of Agriculture Act 1889, s. 2. § Now the London County Council. See 51 k 52 Vict. c. 41, s. 40 (8). rr>A a^ OK ^T.^r„i r/fe Afetf^opohtan fommo?fs First rn i --t -to o4&.JoViCT. o / . / I 1 rigiits of 458 [Chap. Ixxvii.] The Hampstead Heath Act 1871. [34 & 35 Vict.] common, etc. when pur- chased. Power to limit rights of common by agreement, etc. Power to purchase or accept lands formerlj part of Heath, etc. Notice of proceedings at courts, and protest bv Board. Power to take pro- ceedings as commoners. Saving for rights of common. Act not to confer in- terest, etc., and saving for Board. interest, or privilege in, over, or affecting the Heath, they may, as they think most expedient, with a view to securing the free use of the Heath by the public for purposes of exercise and recreation, and the better execution of this Act, either extinguish the same, or retain, hold, and exercise the same wholly or partially. 32. The Board in any case, if they think fit, instead of purchasing wholly any right of common, commonable right, right of way, or other right, estate, interest, or privilege in, over, or affecting the Heath, may y)y agreement purchase the same partially, or purchase a right to impose limitations or restrictions on the same, and other- wise to regulate the exercise and enjoyment thereof, and may from time to time exercise all such powers as are conferred on them by any such agreement. 33. The Board may from time to time purchase by agreement, subject and according to the provisions incorporated with this Act, or accept a grant of and hokl any land unbuilt on, having been or reputed to have been formerly part of the Heath, and any such land when vested in the Board shall for the purposes of this Act be deemed part of the Heath, and the Board may from time to time, with respect to any land having been or reputed to have been formerly part of the Heath, accejjt for a valuable consideration or otherwise from the owner of or person holding the same a covenant against building thereon, and may from time to time enforce any such covenant. 34. Nothing shall be done affecting the Board or the Heath at any court of the manor of Hampstead without previous notice in writing to the steward of the manor, and on receipt of any such notice the steward shall communicate the same to the Board, and the Board shall thereupon be entitled, if they think fit, by an agent appointed in this behalf, by writing under their seal, to attend at the court to which the notice relates, and to protest against anything there proposed that would affect them or the Heath, and any such protest shall be entered on the rolls of the court. 35. The Board shall be capable of taking, and may from time to time, if they think fit, with a view to the protection and preservation of the Heath, take any such proceedings as a person having a right of common on the Heath or any part thereof is capable of taking, and for that purpose the Board shall have all the rights, powers, and remedies of a person having such a right of common. 36. Nothing in this Act (except the provisions respecting the piece of land coloured yellow on the deposited plan) shall take away or prejudicially affect any right of common, commonable right, right of way, or other right, estate, interest, or privilege in, over, or affecting the Heath, and every such right, estate, interest, or privilege shall be and remain in all respects as if this Act had not been passed. 37. \_Poicer to the Board to a]jpl>/ existing funds to the purposes of the Act. Spent.~\ 38. {^Borrowing powers. Superseded hj the London County Council {Money) Acts 1875 — 1904.] 39. Nothing in this Act (except the provisions respecting the piece of land coloured yellow on the deposited plan) shall confer, enlarge, or confirm on, in, or to any person, or on, in, or to any corporation, company, or body other than the Board, any right, [34 & 35 Vict.] The Ilampstead Heath Act 1871. [Chap. Ixxvii.] 459 estate, interest, or ])rivile<^e in, over, or iiffcctinf; tlie Heath, and nothing in this Act siuill take away, abridge, or i)rejudicially affect any riglit, ])Ovver, or authority that the Board, or any otticer or servant of the Board, or any constal)le, would have enjoyed or might have exercised if this Act had not been jjassed. 40. Notliing in this Act shall authorise any com])anv, ])odv, or Hestraint on 1-1 ^1 i,! •. 4. ^ * '4.' building bv person, or any j)arocnial or other autlionty, to put up at any time companies" any building or structure on the Heath, either on the ])arts thereof etc. heretofore usually covered with water or elsewhere. [^See s. 18.] 41. Notliing in this Act shall enable tlie Board, unless w^ith the '■>r protec- previous consent in writing of the Ecclesiastical Commissioners for \\^,!iis and^ England under tlieir common seal, and oi' Tiiomas Spencer AVells, others. Esquire, res])ective]y (in wliich expressions are included the owners for the time being of the lands to which this section relates), to take or interfere with the access to the Heath by the said Commissioners and the said Thomas Spencer AVells, and their res})ective tenants, by means of certain gates shown on a j)lan verified in triplicate by the signatures of Henry Shrubsole on behalf of the Board, and of Messrs. AVhite, Borrett, & Co. on behalf of the said Commissioners and of the said Thomas Spencer AVells, or shall enable the Board to take or interfere with tlie use by the said (Commissioners and the said Thomas Spencer A\'ells, and their respective tenants, of the road or public way on the Heath leading from Telegrai)h Hill to Golder's Hill, and the access to the said road from the said gates. 42. The Board shall not, otlierwise than by agreement with the for protec- provost of the College Royal of the Blessed Mary of Eton, near p^Jj^^g^^^^^" unto Windsor in the county of Bucks, commonly called the King's College of Our Blessed Lady of Eton, nigh or by Windsor in the said county of Bucks, and the same college, their successors, lessees, and undertenants, take or in any manner interfere with the road which, as appears by the deposited ])lan, leads out of the public highway called the Spaniard's Road in a north-westerly direction for a distance of 250 yards or thereabouts, and then runs in a south-westerly direction for a distance of 400 yards or thereabouts along or near to part of the boundary of an estate called Wyld's Estate, belonging or reputed to belong to the said provost and college, situate in the parish of Hendon in the county of Middlesex, and then, running in a south-easterly direction for a distance of 150 yards, leads into the ])ublic liighway at North End in the parish of Hampstead, nor otherwise than by agreement as aforesaid take or in any manner interfere with the soil of the said road or any part thereof, or any of the approaches thereto from the said Wyld's estate, or any right of way over or along the said road or any part thereof ; and for the purposes of this ])rovision tlie said road shall be deemed to include the entire space lying between the said road and the boundary of Wyld's estate, and also a branch of the said road leading to a well outside the boundary of Wyltl's estate, and near to the farmhouse called the Heath Farmhouse on the said estate. 43. Nothing in this Act shall authorise the Board, without the !•> protec- consent in writing of the mayor and commonalty and citizens of Ri'^er ponds the city of London, and of the governor and company of the New etc. River,* to take, acquire, or in any way interfere witli any of the ponds, pipes, rights, powers, and })rivileges of the same corporation * >'ow the Metropolitan Water Board. See 2 Edw. 7, c. 41. 460 [Chap, cxxix.] The Hornsey Local Board Act 1871. [34 & 35 Vict.] and company, or either of them, or to divert, abstract, or diminish the quantity of water flowing into those ponds at the passing of this Act. 44. \A8 to compensation to the North Metropolitan Railway. Spent.~\ 45. [Dijf'erences respecting any provision of the Act arising between the Board and Sir John Maryon Wilson and Spencer Maryon Wilson, Eton College, the City Corporation, the New River Company,* the Ecclesiastical Commissioners for England, Thomas Spencer Wells, or the North Metropolitan Railway CompjoMy to be referred to arbitraAAon?\ 46. [^Expenses of obtaAning Act. Spent.'] THE SCHEDULES. The First Schedule. Description of Heath. 1. All that portion of the waste lands of the manor of Hampstead, called Hampstead Heath, shown on the deposited plan by being coloured red. 2. All those two other portions of the waste lands of the same manor, shown on the same plan by being coloured red, and being respectively surrounded by a line coloured brown, and being respectively marked C. and D. 3. All those pieces of land usually covered with water, being other portions of the same waste lands or of the soil of the same manor shown on the same plan by being coloured blue, and respectively marked A. and B. and B. 4. All those four strips of land, other portions of the same waste land?, shown on the same plan by being coloured brown, and being respectively marked E. and F. and G. and H. (the strip of land marked H. being the site of a road intended to be made to the northward of Telegraph Hill). The Second Schedule. [Conditions respecting title and conveyance. Speyit."] Short title. Interpreta- tion of terms. CHAPTER CXXIX. An Act to make better Provision for the Drainage of Hornsey IN THE County of Middlesex ; and for other Purposes RELATING THERETO. [13M Juhj 1871.] [Preamble recites (inter alia) that for the jmrposes of the Local Government Act 1858t apportion of the parish of Hornsey was formed, into a district called the Hornsey District, the local goiernment of which was zested in the Hornsey Local Board\ ; and also recites that the Metropolitan Board of Works have agreed icith the Hornsey Local Board that the sewage matter of the district shall be allowed to pass into the main drains of the Metropolitan Board of Works upon certain terms.] Prelimina.ry. 1. This Act may be cited for all purposes as The Hornsey Local Board Act, 1871. 2. The expression The Local Government Acts in this Act shall mean the Public Health Act,t 1848, and the several Actsf amending the same, and the Local Government Act, 1858,t and the several Acts t amending the same. * Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. t Rep. by the Pablic Health Act 1875, s. 34.3. X Now the Mayor, Aldermen, and Burgesses of the Municipal Borough of Hornsey. [34 & 35 Vict.] The Hornsey Local Board Act 1871. [Chap, cxxix.] 461 3. \Jncorpor(ition of LaniU ('lauaes Acta. Spent7\ 4. Subject to the ])rovisions of this Act the Hornsey Local Board * I'ower to may make and maintain, in the lines and situations and according J^^^^e sewer- to the levels shown on the de])0sited plans and sections, the sewers deposited and other works in this Act described, and all j)roper and necessarv plans, outfalls, sluices, flood G , ^ discharged cubic feet per minute, measured at the boundary of Hornsey parish, into high-level and if that quantity be at any time exceeded the Metropolitan Board sewer. ^j^ Works * shall have full power and authority to alter and reduce the outlet so as to limit the discharge to the before-mentioned quantity, and the Hornsey Local Board t shall permit the engineer and other officers of the Metropolitan Board of Works * from time to time to have access to the works by this Act authorised, and to alter and reduce as aforesaid the said outlet. 21. Sailor nsey Local Board ivithin 12 months from the jjassing of the Act to pay the Metropolitan Board of Worhs £10,000 toivards the cost of making and maintaining northern high-level sewer. Spent.~\ 22 — 29. [^Powers to the ILornsey Jjocal Board] to make a special drainage rate to defray the expenses of construction of ivorks and obtaining Act and promsio7is ivith reference thereto. Kot affecting London.^ 30. [Co?itridutions by Hornsey Local Board towards costs of main drainage system. Rep. 35 & 36 Vict. c. clxiii. s. 57.] Main drain- 31. For the purpose of raising the moneys by this Act directed age rates to ^q jjg ■^^\([ to the treasurer of the Metropolitan Board of Works * by payment of ^^T ^^ Contribution to the costs incurred by the said Board in respect contributions, of their main drainage system, the Hornsey Local Board t may in each year make and levy a rate, to be called the '' Main Drainage Rate," upon the owner and occupier of all kinds of property within their district for the time being assessable under the Local Government Acts to the general district rates which they are authorised to make under the said Acts, and may make, levy, collect, and recover the same as part of any general district rate, and the several powers and provisions of the Local Government Acts with respect to the making, levying, collection, and recovery of the general district rates, and with respect to exemptions and limitations, shall extend and apply to the main drainage rates under this Act : Provided always, that the said Local Board shall not levy in any one year main drainage rates exceeding the amount required for the payment of the moneys payable in each year to the said treasurer. [^Amended 35 & 36 Vict, c. clxiii. s. 57. See also the Hornsey Drainage Scheme 1901, ?7iade under 62 & 63 Vict. c. 14.] Power to 32. In case of any default or neglect of the Hornsey Local Board^of '"^^'^ Board t in any year to pay the amount which by this Act is directed Works to levy to be paid by such Board within the time specified in such notice, rate in case the Said Metropolitan Board of Works * may appoint persons to levy of default. ^^ ^)^^ Hornsey district the amount to be paid to such Board in such year in pursuance of the provisions of this Act, and such persons shall proceed in the same manner, and have the same powers, remedies, and privileges, and be subject to the same regulations with reference to the levying of such money, as any person duly appointed by such Board for such purpose would have had or been subject to. \_Amended 35 & 36 Vict. c. clxiii. s. 57.] Provisions of 33. Whereas a Bill is pending in Parliament, intituled A Bill pending Bill for amending the Acts regulating the Borrowing of Money by the Hornsey ° Metropolitan Board of Works, and for other Purposes : Therefore if district. the said Bill should pass into law the several provisions thereof, so * Now the London County Council. 8ee 51 & .'52 Vict. c. 41, s. -10 (8). •j- Now the Mayor, Aldermen, and Burgesses of the Municipal Borough of Hornsey, [34 & 35 Vict.] Wandsworth Commou Act 187 1 . [Chap, clxxxi.] 463 far as they are applicable, shall extend to and be in force within the district of the Hornsey Local Board.* [-b'et; 34 *fc 3;") \lc(. <:. 47, and 30 k, 30 Vict. c. clxiii. .«j. 53.] 34 — 37. \Act not to afect powers of the Hornsey Local Hoard to make rates under the Local Government Acts — Provisions relating to the Hornsey L^ocal Board for the protection of the New liiver Company f and the Great Eastern Railway Company. Xot affecting London. '\ 38. Nothing in this Act contained shall extend or be construed Saving to extend to alter, abridge, or take away any of the rights, powers, "Sro^litan and privileges of the Metropolitan Board of Works.* Buard of 39. \_Costs of obtaining Act. Not affecting London.'] Works. CHAPTER CLXXXI. § An Act fok vesting the Management of the open Space KNOWN AS Wandsworth Common in the County of Surrey IN A Body of Conservators, with a View to the Preservation thereof; and for other Purposes. [31*-^ July ls7L] [^Preamble recites (inter alia) that there is in the county of Surrey ^ and in the parishes of Battersea and Wandsworth an open space of large extent uninclosed and unbuilt on known as Wandsworth Common {in this Act referred to as the Common) and that the Common is situate within and is or is alleged to be part of the tcastes of the manor of Battersea and Wandsworth, and that the Right Honourable John Poyntz, Earl Spencer {in this Act referred to as Earl Spejicer) is or claims to be entitled iii fee simple in possession to that manor ; and that it is expedient that provision be made for the transfer from Earl Spencer of his estate in the Common to a body of Conservators to preserve the same for public use.~\ 1. This Act may be cited as the Wandsworth (Jommou Act, Short title. 1871. 2. [^Incorporation of the Commissioners Clauses Act 1847, except the parts set out in the frst schedule. Superseded by .")U & 51 Vict, c. cvi. ss. 25 — 29.] 3. In this Act, Interpreta- " The deposited plan " means the plan deposited for the ^^'^°- purposes of this Act with the Clerk of the Pea e for the County of Surrey : • ••••• " Person " includes corporation aggregate or sole. [Pai't omitted {definitions of " the Secretary of State for the Home Department^' and '■^ the First Cojnmissioner of Works'") spent. 1 4. For the purposes of this Act the Common shall be taken to be Description the open space known as Wandsworth Common, as shown on the *^ Common, deposited plan and thereon coloured green. 6. Within one month after the passing of this Act, and before Custo 1 ' T1 ^ , I >> . 4. and Conservators shall deposit with the Clerk oi the Peace lor the i vict. c. 83. * Now the Mayor, Aldermen, and Burgesses of the Municipal Borough of Hornsev. t Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. % Now the London County Council. See 51 & ij'2 Vict. c. 41, s. 40 (8). § See also 50 & 51 Vict. c. cvi. ss. 25 — 27. c-\Trr.,^-\ The Metropolitan Commons rn i---t [35 & 36 Vict.] Supplenlental Act 1872. ^CflAr. xliii.] instead of being as the said lands now are })art of the land revenues of the Crown, under the management of the Commissioners of Her Majesty's Woods, Forests,, and Land Hcvenues ; and notwithstanding the })rovisions of the said agreement, the Commissioners of Her Majesty's Works and Public Buildings shall, from the day herein-after appointed for completion of the ])nrchase, or if the purchase be sooner completed then from such comjiletion, be entitled to possession of and receipt of any profits arising from the said lands. . . . l^Part omitted {the Metropolitan Hoard of Works not to t)C liable for taxes, etc.) rep. 50 & 51 Vict. c. 34, s. 5 ; and {as to completion of purchase) spe/it.] 2. [As to payment oj purchase money and expenses of purchase. Spent] The SCHEDULES to which the foregoing Act refers. Schedule (A.) 469 10 Geo. 4. c. 50. 4 & 5 Vict. c. 27. 6 & 6 Vict. c. 20. 14 & 15 Vict. c. 42. 14 & 15 Vict. c. 46. Schedule (B.) [Agreement made the ^rd day of May 1872, whereby Charles Alexander Gore, a Commissioner of Woods, Forests, and Land, Revenues, agreed on behalf of Iler Majesty to sell to the Metro- politan Board of Works, and the Board agreed to purchase from Her Majesty, for the sum of £20,450, all those four plots of land, containing together 23 acres and 3 roods or thereabouts, adjoining Victoria Park, in the parishes of St. John, Hackney, St. Mary, Stratford-le-Bow, and St. Matthew, Bethnal Gree?i, which lands tcere delineated and coloured red, and numbered respectively 1, 2, 3, and 4, in the plan annexed to such agreement. Spent.~\ CHAPTER XLin. * An Act to confirm a Scheme under " The Metropolitan Commons Act, 1866," relating to Hackney Commons. [27//^ June 1872.] [Preamble recites that the Inclosure Commissioners for England and Wales have, in pursuance of'"'' The Metropolitan Commons Act, 1866," duly certified a scheme for the establishment of local manage- ment with respect to Hackney Commons, situate in the parish of Hackney in the county of Middlese.r.tl [Be it enacted] 1. That the scheme for the establishment of local management Scheme as with respect to Hacknev Commons, situate in the parish of Hackuev *« Hackney J.^ i ,^^^r■^^^ " x ./• ii ii T i /I • • (.OmmonS m the county of Middlesex,! certified by the inclosure I ommissioners certified by for England and Wales under their seal on the twenty-second day inclosure of February one tliousand eight hundred and seventy-two, and ^^nimis- contained in the schedule hereunto annexed, be hereby confirmed, j'-j.^J^g^j" ' and from and after the passing of this Act shall be deemed to * See also 47 & 4S Vict. c. ccxxiii. s. 45. t Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). j.7n rPnAD ^liii' n The Metropolitan Commons roKS oa^r -\ 4/0 [Chap, xlm.] Supplemental Act 1872. t^^'^ ^ ^^ ^^^^0 be a Public General Act of Parliament, of the like force and effect as if the provisions of the same had been enacted in the body of this Act. Short title. 2. This Act may be cited for all purposes as " The Metropolitan Commons Supplemental Act, 1872." SCHEDULE. Scheme with respect to Hackney Commons. 1. Hackney Commons — that is to say, London Fields, Hackney Downs, Well Street Common, otherwise Hackney Common, Xorth Mill Field, South Mill Field, Stoke Xewington Common, and Clapton Common, and parcels of waste land at or near Dalston Lane and Grove Street, as the same are delineated in a plan deposited with the Inclosure Commissioners for England and Wales* — shall henceforth for all the purposes of this Scheme be regulated and managed by the Metropolitan Board of Works, herein-after termed " the Board.''t 2. \_Appointment of officers. Superseded by the Muyiicipal Corporations Act 1882, .S-.S'. 19 and 20 {see A2)pemlix), ami 51 & 52 Vict. c. 41, s. 75. See also 18 & 19 Vict. c. 120, s. 202. — Expenses of executing Scheme. Superseded 51 & 52 Vict, c. Al,part iv.] 3. The Board may execute any works of drainage, raising, levelling, fencing, and improvement of the Commons respectively, so far only as may be required for the purposes of the Metropolitan Commons Act, aud shall preserve the turf, shrubs, trees, plants, and grass, and for this purpose may enclose by fences, for short periods, such portions as may require rest to revive the same, and may plant or otherwise beautify the Commons, but shall do nothing that shall other- wise vary or alter the natural features or aspect of the said Commons. 4. The Board shall maintain the Commons respectively, as delineated in the plan deposited with the Inclosure Commissioners, free of all encroachment, and shall permit no trespass on or partial or other enclosure of any part thereof, and no fences, posts, rails, or other matters or things shall be maintained, fixed, or erected thereon without the consent in writing of the Board : and the Board shall include in their annual report a statement as to the state of the Commons, for the information of the ratepayers. 5 — -7. [.4.S- to hyelaws. Superseded 40 Vict. c. viii. ss. 3, 4, and 10 ; 53 & 54 Vict. c. ccxliii. ss. 14 — 21 ; and 61 & 62 Vict. c. ccxxi. s. 61.] 8. Except for the owner or owners of the soil, it shall not be lawful, without the consent in writing of the Board, to form, build, or lay any sewer, drain, pipe, waterway, or other matter of like nature, in, into, or under any part or parts of the said Commons. 9. Except for those persons who now by law are entitled to do so, it shall not be lawful to turn out on the Commons respectively for grazing any cattle, sheep, or other animals. 10. The Board may have power to apply at any time for an amended or new Scheme. 11. [Borrowing powers. Superseded by the London County Council (^Money^ Acts 1875—1904.] 12. [Pi-oreedini/s not fo be rpui shed for loont offoriii.'\ 13. Saving always to all persons and bodies politic and corporate, and their respective heirs, successors, executors, and administrators, all such estates, interests, or rights of a profitable or Ijeneficial nature in, over, or affecting the Commons, or any part thereof, as they or any of them had before the confirma- tion of this Scheme by Act of Parliament, or could or might have enjoyed if this Scheme had not been confirmed by Act of Parliament. 14. The lords of the manor of Lords Hold Hackney claim an estate in fee simple, subject only to the rights of common of the tenants of the manor entitled thereto, in such of the lands as are waste of the manor : that is to say, Clapton Common, Stoke Xewington Common, the two parcels of waste in Dalston Lane, and the parcel of waste in Grove Street, and so that the said rights of common do not prevent the claimants digging and selling clay, gravel, sand, and brick-earth from out of the said wastes : also the right to approve the wastes of the manor by precept according to the custom of the manor : also the fines, quit-rents, and other manorial dues in respect of such portions of the * Now the Board of Agriculture. See the Board of Agriculture Act 1889, s. 2. t Now the London County Council. See 51 & 52 Vict. c. 41, s. 10 (8). [35 & 36 Vict.] Thames Embankment Sorth Act 1872. [Chap. Ixvi.] 471 various Lammas fields, that is to say, London Fields, Hackney Downs, Well Street Common, otherwise Hackney Common, North ^lill Field, and South Mill Field, as are copyhold of the manor, together with the rii,'ht to dig and sell clay, gravel, sand, and brick-earth out of sucii copyliold portions and out of any freehold portions which have been enfranchised without the minerals : also the right of escheat and all other manorial rights in and over all the said Lammas lands and wastes. The trustees of Thomas George Corbett, deceased, claim the whole of London Fields, from the oth April to the 12th August in every year in severalty, and they also claim the soil during the remainder of the year, subject to the rights of common which may Vje then exercised thereon, part as freehold and part as copyhold ; and as to that part which is freehold, they claim to be exclusively entitled to the soil, and to all mines, minerals, and brick-earth in and under the same ; and as to that part which is copyhold they claim to be entitled to the soil and the brick-earth in and under the same upon payment to the lords of the manor of a royalty. The part owners of the other Lammas fields claim such fields from the 5th April to the 12th August in every year in severalty, and they also claim the soil during the remainder of the year, subject to the rights of common which may be then exercised thereon, some portions being claimed as freehold and some as copyhold. The copyhold tenants of the manor and the owners of enfranchised copyholds claim rights of common of pasture over the Lammas fields from the 12th August to the h\X\ April in every year, and over the waste lands at all times of the year, and also certain rights to dig gravel and sand, and to lop trees on the said waste lands, such rights of common of pasture being subject to the byelaws which heretofore have been and hereafter may be made by the homage of the said manor : also the right when assembled as homage of the said manor at the courts of the said manor, to regulate the aforesaid rights of common of pasture by making byelaws for determining the number of cattle which each commoner may turn on the lands, and the fines and dues to be paid in respect thereof, and by appointing drivers for superintending the same, and making other regulations warranted by the custom of the said manor. This Scheme affects the rights so claimed as aforesaid only so far as is absolutely necessary for the purposes contemplated by this Scheme. The lords of the manor, the owners of the London Fields, and certain of the part owners of the other Lammas fields, do not consent to the Scheme. All the other claimants consent to it, provided compensation be given for any rights taken away or prejudicially affected by it. \See 47 & 48 Vict. c. cc.xxiii. .s-. 46.] 15. Printed copies of this Scheme shall at all times be sold at the office of the Board, to all persons desiring to buy the same, at a price not exceeding sixpence each. The Inclosure Commissioners for England and Wales pursuant to the provisions of "The Metropolitan Commons Act, 1866" hereby certify the above-written Scheme. In witness whereof they the said Inclosure Commissioners have caused their official seal to be hereunto affixed this twenty-second day of February one thousand eight hundred and seventy-two. CHAPTER LXVI. An Act for amending and extending the Thames Embankment Act, 1862, and for other Purposes. [27M June 1872.] {Preamble recites 25 & 26 Vict. c. 93, and in particular s. 25 thereof. ~\ 1. This Act may be cited as the Thames Erabankmeut North short title. Act, 1872. 2. In this Act— Interprcta- "The Embankment Act of 1862" means the Thames Embank- ^^°°- meut Act, 1862 : 472 [Chap. Ixvi.] Thames Embankment North Act 1872. [35 & 36 Vict.] " The Board " means the Metropolitan Board of Works * : " The Victoria Embankment " means the embankment made under the Embankment Act of 1862 : " Roadway " includes the carriageway and footways of the roadway. Transfer to 3. The Toadway on the Victoria Embankment shall (notwith- fhority°m^Jr' standing anything in the Embankment Act of 1862) be under the and property management, control, and authority of the Board, and they shall in roadway, have the sole power, authority, and duty of paving, macadamizing, ^^^' maintaining, repairing, watering, cleansing, and lighting the same, and the same roadway, and the walls, railings, and fences thereof, (subject nevertheless to section 77 of the Embankment Act of 1862, and except such parts of the said walls, railings, and fences as are, so far as regards the lands coloured blue and green respectively on the Crown plans mentioned in the Embankment Act of 1862, on the land side of the said roadway,) and the trees, lamp-posts, and other things thereon, are herebv vested in and the same shall belong: absolutely to the Board. \_See also 36 Vict. c. vii. s. 2; 38 & 39 Vict. c. clxxix. s. 5 ; 39 & 40 Vict. c. Ixxix. ss. 34 — 36 ; 50 & 51 Vict. c. 34, 6-. 2 ; and 62 & 63 Vict. c. 14, s. 6 (2).] 4 — 5. \_As to hyelaws. Superseded 40 Vict. c. viii. ss. 3, 4, and 10, See also 53 & 54 Vict. c. ccxliii. ss. 14 — 21, and 61 & 62 Vict, c. ccxxi. s. 61.] For protec- 6. No provision of this Act, and no byelaw to be made there- tion of the nnder, shall be taken to vest in the Board, or to give the Board Middle ^^}' fight in or jurisdiction over any wall, railing, fence, or other Temple. boundary now or hereafter to be erected upon the lands belonging to the Honourable Societies of the Inner and Middle Temple between the Victoria Embankment and any part of such lands, or to repeal, alter, or contravene, or in any way to impede the execution or performance of the provisions of sections 28, 29, 30, 31, or 41, of the Embankment Act of 1862, or any of the stipulations contained in a certain specification referred to in section 29 of the said last- mentioned Act, and bearing date the 26th day of May 1862, and made under the hand of the Right Honourable William Cowper, then Chief Commissioner of Her Majesty's Works and Public Buildings, or otherwise to take away, lessen, prejudice, or affect any estate, right, interest, jurisdiction, franchise, power, privilege, and immunity, claim, or demand of, or any liability to, the two said societies respectively or either of them, or their respective trustees, treasurers, or masters of the bench, whether under Act of Parlia- ment, charter, grant, agreement, specification, prescription, custom, usage, or otherwise, or any right, interest, claim, or demand of the two societies respectively, or either of them, in any way relating to the Temple land or any part thereof, or any works thereon or in connexion therewith. Saving rights 7. Nothing in this Act contained shall authorise or empower the quess^oY^'^' ^^^^^ ^^ make any byelaw for all or any of the purposes aforesaid Salisbury which shall in anywise prejudice, lessen, affect, or interfere with any and others, rights, easements, advantages, or privileges which the Marquess of Salisbury, his heirs, sequels in rights, or assigns, or his or their lessees or tenants of houses and premises in Cecil Street and Salis- bury Street, respectively have, possess, or enjoy, or is or are entitled to under or by virtue of the 62nd or any other section of the * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). roc p o/a ir n -'^''^ Metropolitan Street rn„,r, „i^;,-,-n ^-':{ [35 & 36 ViCT.n , ^. «,# iQ-o I ( HAP. clxiii.J 4<.J L J Improcements Act icxZ. "- -■ Embankment Act of 1862, or iindor or by virtue of any Act or Acts amending the said Act of 1862, but all such ri<,'hts, easemetits, advantages, and privileges shall remain in full force and effect to all intents and j)urposes wliatsoever as il' this Act had not been passed ; and further, tliat every byelaw which the Board may from time to time make under tlie [trovisious of this Act shall be abso- lutely void and of no effect as far as it prejudices, lessens, affects, or interferes with any of the said rights, easements, advantages, or privileges of the said Mar(|uess of Salisbury, his heirs, se(iuels in right, or assigns, or his or their lessees or tenants. 8. \^Expenties oj executing Act. Superseded 51 tk 52 \'ict. c. 41, part iv.] 9. \_Expenses of obtaining Act. Spent.'] CHAPTER CLXIII. An Act to enable the Metropolitan Board ok Works to WIDEN AND IMPROVE CERTAIN StEEETS, AND TO MAKE CERTAIN NEW Streets within the Metropolis. [Qth August 1872.] [^Preamble recites 34 & 35 V^ict. cc. 47 and cxxix.] 1. In citing this Act for any purpose it shall be sufficient to use short title, the expression "The Metropolitan Street Improvements Act, 1872." 2. "The Lands Clauses Consolidation Acts, 1845, 1.^60, and Lands 1860," (except section 133 of the first-mentioned Act, and also such Incorporated, of the provisions of those Acts as are varied by, or excepted from, or inconsistent with this Act,) are incorporated with and form part of this Act. 3. In this Act the following words and expressions shall have luterpreta- the several meanings hereby assigned to them, unless tliere be some- **°° ° terms, thing in the subject or context repugnant to such construction ; (that is to say,) The word " streets " shall include squares, streets, courts or alleys, highways, roads, thoroughfares, or public passages or places : The term " improvements " means the widening of the several streets, roads, and thoroughfares, and the construction of the new streets by this Act authorised : The expression " the Board " means the Metropolitan Board of Works.* • . • • • • \_Parts omitted {definitions of " Justice " and " lessee,'"' and as to meanings of words in Acts incorporated) .^pent.'] 4. \_Board to execute Act. Superseded 51 & 52 Vict. c. 41, s. 40.] 5. The Board mav make the following improvements, or anv of Power to them: ' ^ make im- ,,r T \ provement^ ( \\ APPiNG Improvements.) herein (1.) They may widen High Street and Lower East Smithtield, °''*'">^d. Wapping, on the northern and southern sides thereof, commencing from the eastern side of the entrance of the Wapping Basin of tlie London Dock in the })arisii of Saiut John, Wapping, and terminating at Little Thames Street * IJow the London County Council. See 51 4: 52 Vict. c. 41 s. 40 (8). 474 [Chap, clxiii.] ^^ Metropolitan Street . ^ ^ •- -■ Improvements Act 1872. •- ^ ^ ^^^■\ in the parish of Saint Botolph Without Aldgate, and in the precinct of Saint Katherine, or one of them : (2.) They maj' widen the thoroughfare in continuation of the above-mentioned improvements, commencing in Lower East Smithfield, at the eastern end of Little Thames Street aforesaid, and terminating in the said precinct of Saint Katherine, near the entrance to the Saint Katherine's Docks from the River Thames : (Shoreditch Improvements.) (3.) They may widen High Street in the parish of Saint Leonard, Shoreditch, on the west side thereof, commencing at a point about thirty yards south of the intersection of Bateman's Row, in the same street, and continuing into and terminating in Old Street Road, at or near the point of intersection thereof by the North London Railway : (4.) They may construct a new road partly in the parish of Saint Matthew, Bethnal Green, and partly in the said parish of Saint Leonard, Shoreditch, commencing on the east side of the High Street, Shoreditch, near the terminus of the Great Eastern Railway, and ending at a point in the Bethnal Green Road, near Ohilton Street : (5.) They may widen Gibraltar Walk, at the south end thereof, in the parish of Saint Matthew, Bethnal Green : (6.) They may construct a new road in the said parish of Saint Leonard, Shoreditch, and in the parish of Saint Luke, commencing in High Street, Shoreditch, opposite Com- mercial Street, and terminating in Old Street Road, at or near Tabernacle Square : (Old Street towards New Oxford Street Improvements.) (7.) They may widen Old Street, on the northern side thereof, where it joins Goswell Road, in the parish of Saint Luke : (8.) They may widen Wilderness Row, on the southern side thereof, in the liberty of the Charterhouse, and in the parish of Saint John, Clerkenwell : (9.) They may construct a new road, commencing at Saint John Street, opposite Wilderness Row, passing thence through or into the parishes of Saint John and Saint James, Clerkenwell, and Ely Place, Ely Rents, Hatton Garden, and Saffron Hill, and terminating in Farringdon Road at or near the Sessions House, Clerkenwell : (10.) They may construct a new road, commencing at the termi- nation of the last-mentioned new road, and terminating in Liquorpond Street in the parish of Saint Andrew, Holborn, above Bars : (11.) They may widen Liquorpond Street, Christopher Street, King's Road, and Theobald's Road : (1 2.) They may form a communication between the western end of Theobald's Road from Gloucester Street and Kingsgate Street to Vernon Place : (Harrow Road Improvement.) (13.) They may widen the south-eastern end of the Harrow Road, and the west side of the Edgeware Road, near its junction with the Harrow Road : roc e on ^T n '^'^^^ Metropolitan .Street rfUiAi. ^K-i;,' i 47^ [35 & 36 Vict.] improvemLt, Act 1872. l^^"^^ " "^-^"^'^ ^'-^ (Newington Butts Improvement.) (14.) They may widen Newington Butts in the parisii of St. Mary, Newington, on the north-west side of the said road, comnieneiiig at Church Yard Kow and terminating at a point about one hundred yards to the north-east of the said row. 6 — 11. \_Improve7nents to be made according to plans deposited with the Clerks of the Peace for Middlesex and Sarrei/ — Power to the Board to take lands shown on sncJi plans^ to stop) up vxiys during works, to raise or lower streets, to deciate, to make suh- sidianj fvorks, to stop up, alter, etc., or appropriate streets, to alter water, gas, and other pipes. Spent."] 12. The Board shall not api)ro|)riate for building purposes anv f^ertain . /• ii i.- • ^1 • 1 £• o • i. T I Vii 1 11 properties to j)art of the properties ni the parish ot haint .)ohii, Clerkonwell, jQ^m part of numbered respectively 70, 71, 73, 75, 76, and 77 on the deposited new street. plans, so far as such properties will be situate to the north of the proposed new street in Clerkenwell, but the said properties and portions thereof so situate as aforesaid shall be thrown into and form part of the new street in Clerkenwell, and the connexion between the said new street and Clerkenwell Green shall be formed by an easy curve commencing in No. 80 and terminating in No. 81 on the deposited plans. [ Varied 38 & 39 Vict. c. clxxix. ss. 28 and 29.] 13. \_Power to lag out footways. Spent 7\ 14. [yl.s- to laging of pavements and resting the mme tvhen laid, in the board of works * or restrg * in ivhose district theg are.] 15. \_Poiver to the Board to fill up sewers or drains on promding substitutes, which are to be under the same management as existing sewers and drainsT] 16. {Power to alter steps, areas, pipes, etc. Spent.] 17. The Board may make, under any street made or widened by ^'^'JJ^Jj^ them under this Act, a subway (being an arched passage or covered ,™^ ^ *" way) for such i)urposes as they may think fit, with all communica- tions, works, and things necessary or proper for the convenient use thereof, and the same subway, communications, works, and things shall be deemed ))art of the works authorised by this Act, and the same shall (notwithstanding anything in this Act) belong to and be vested in the Board, and shall be maintained and repaired by the Board, and the Board may permit the use of the subway for the jnirposo of the laying down of gas or water pipes, or telegraph wires, or for any other useful ])urpose, on such terms and conditions, and for such period as the Board and any company or person agree, and the Board may sell, convey, or demise any right to any company or person for any of the purjioses aforesaid, and may make such stipulations for preventing injury to tlie adjoining ])roperry. and for the security of the i)ublic, as the Board think proper, and may a [Chap, clxiii.l 4<. ^ -" Iniproceiaents Act \>iiZ. •- -J 35. It shall not be lawful for the Board or their contractors, T'-affic on agents, servants, or workmen, in C(tnstriictin<; or reimirin^ the ,^,j',f[jJi^ay works by this Act authorised under the North London Hallway, not to be to obstruct the traffic on snch railway, or to prevent the convenient obstructed, passage of engines, carriages, or waggons along the same, and if that traffic or such passage of engines, carriages, or waggons be obstructed contrary to this enactment the lioard shall forfeit and pay to the North London Railway (,'ompaiiy the sum of fifty pounds for every hour, by way of ascertained damages, during which such obstruction shall continue. 36. Notwitlistanding anytliiug in this Act contained tlie lioard Thi^ Board shall be responsible for and make good to the North London Hail- j^^'^^^\ way Company all costs, losses, damages, and expenses which may sustained by be occasioned to that Company, or to any of the works or projjerty North Lon-' thereof, or to the traffic thereon, or otherwise, by reason of the ^,"" ^^'l^ay execution or failure of the works by this Act authorised under such '^"'P*"^- Company's railway, or of any act or omission of tlie Board, or of any of the persons in their employ, or of their contractors or others, and the Board will effectually indemnify and hold harmless the North London Railway Com])any from all claims and demands upon or against them by reason or arising out of such execution or failure, or of any such act or omission. 37. The Board shall not in any case, without the previous con- interference sent in writing of the North London Railway C'ompany under their with lands of common seal, take, use, enter upon, or interfere with the railway, ^on Railway works, lands, or property at any time belonging or in the possession Company. or under the power of that Company, except only sucli part or parts thereof respectively as it shall be necessary for the Board to take, use, enter upon, or interfere with for making and maintaining the works by the preceding enactments in that behalf autliorised to be carried under the railway of the North London Railway Company. 38 — 39. \_Boar(/ to acquire easements only in lands of the Sorth London Raihvay Company — As to alteration of the Company's signals at the expense of the Board. Spent.'] 40. If at any time the North London Railway Comjjany shall be Provision for desirous of widening the viaduct of their railway to the extent of 1^"^^^^^'°°^^ two additional lines of rails where the same viaduct will be crossed t'i?e' Nort*h by such new road, that Company shall be at liberty to widen their London viaduct to the extent aforesaid over the said road bv a bridjje of the R^'^ii'^ay- same character as shall be built bv the Board for carrving the present viaduct of the railway over the said new road. 41. \_Savi7ig the rights generally of the North London Railway Company.] 42. Any difference which may arise between the Board and the Aibitration. North London Railway Company under the before-mentioned enact- ments (except as to the amount of purcluise money or compensation for the purchase or taking of any land or easement which the Board are by this Act autliorisetl to actpiire from the Nortii Lomlon Rail- way Company), shall be from time to time referred to and determined by an arbitrator to be appointed on the aj)plication of either party by the Board of Trade, and the costs of the arbitration shall be in the discretion of the arbitrator. 43. For the protection of the London and Saint Katharine Docks Provisions for Company, (herein-after in this Act called the Dock Company,) the the London A>^o rn„.^ ^1 ,•;: 1 T/te Metropolitan Street tok p o/-. tr i 4.8 [( HAP. clxiii.] Mprovements Act 1872. f'^^ & ^^' ^^^'^•1 and St. Board shall at their own expense observe, fulfil, and conform to the Docks""^ stipulations and provisions following : Company, ...... (d.) In altering for the purposes of this Act the two bridges of the Dock Company, one of which is numbered on the deposited plans 44 in the parish of Saint John, Wapping, and the other ;j3a, in that parish, and 237 in the parish of Saint George in the East, the Board shall not, otherwise than by agreement with the Dock Company, increase the extent of widening shown on the deposited plans or deviate from the levels or mode of construction shown on the deposited sections : • • • ■ • • (r/.) The Board shall make good all damage that may be caused to the works or property of the Dock Company by the con- struction, removal, or want of repair of any of the Board's works ; but in every case of pressing necessity, and in every other case if for fourteen days after notice in writing thereof given to the Board by the Dock Company, the Board do not proceed with due diligence to make good such damage, the Dock Company may, if they think fit, make good the damage, and the amount expended by them in so doing shall be repaid to them by the Board : (e.) It shall not be lawful for the Board or their contractors, agent, servants, or workmen in the execution of the powers of this Act, to obstruct the waterway of either of the lock entrances under the said bridges, or the convenient passage of vessels and lighters through the same : {/.) Provided, that notwithstanding anything in this Act con- tained, the Board shall make good to the Dock Company all costs, losses, damages, and expenses which may be caused to the Dock Company or to any of their works or property, or to the traffic there, or otherwise, by reason of the execution or failure of any work by this Act authorised, or by reason of any act or omission of the Board or of any persons in their employ, or of their contractors or others, and the Board will eff'ectually indemnify and hold harmless the Dock Company from and against all claims and demands upon or against them on account of or consequent on any such execution or failure or any such act or omission : {(/.) The said bridges when widened shall be the property of the Dock Company, and all the provisions of the section numbered one hundred of the London Docks Act, 1828, 9 George 4, chapter 116 (Local), shall apply thereto as fully as to the now existing bridges : • ••••• (j.) If and whenever any damages or other sums payable by the Board to the Dock Company under this section are not paid on demand made on the secretary or clerk of the Board, the same may, with costs of suit, be recovered against the Board in any court of competent jurisdiction : {k.) Provided that if the Board and the Dock Company so agree, the Board may, in lieu of altering the said swing bridge numbered on the deposited plans 44, in Saint John, Wapping, substitute for that swing bridge a fixed bridge or road or thoroughfare, and fill up wholly or partially the r.. - K o/^ -ir -\ T^ft^ Metro ijoht (in Street p^, i •••n ^■•■n ra5&36ViCT.l r ^ ' , ,,07.. [Chap, clxiu.j 4/9 L J Improvements Act 1872. ^ -^ entrance lock under such fixed bridge, road, or tiiorougb- fare, and by any such agreement any of tlie sub-sections of tliis section may, as regards tlie said swing bridge or the fixed bridge, road, or thoroughfare which may be 8u])sti- tuted, be modified or waived, and if a fixed bridge, road, or thoroughfare Ije agreed ujion tiie r<'mainder of the said entrance lock may be tilled uj), and tlie Dock Company may sell and dispose of the same and of any other lands adjoining or near thereto belonging to them and lying between their Itoundary wall and the River Thames, and their obligation to maintain a footpath across the gates of the said entrance, and all rights of way and other rights over the same, shall cease : (/.) All questions and dilferences which may at any time arise between the Board and the Dock Corajjany under this section (except as to the amount of purchase money or compensation for {)urchase or taking of any easement which the Board under this Act are authorised to acquire from the Dock Company, and whicli ])urchase money or compensation shall be ascertained under the Lands (Jlauses Consolidation Acts incorporated with this Act,) shall be from time to time referred to and determined by an arbitrator to be appointed by the Board of Trade u])on the ai)plication in writing of both or either of the parties in difference, and his decisions shall be binding and con- clusive upon both the parties in difference, and the cost of the arbitration shall be in his discretion : (w.) Except as is by this Act otherwise expressly provided, nothing in this Act contained shall take away, lessen, prejudice, or alter any of the rights, privileges, or powers of the Dock Company. [Parts omitted (as to taking of easements, expenses of Dock Company during ivorks, as to the Companif s additional expenses of main- tenance of bridges and power to compound therefor') spent.'] 44. [For the protection of the Thames Conservancy.] 45. \_For the protection of Messrs. Rivingtons lands. Sperit.] 46. \_As to purchase of part of the church and churchyard of Saint Mary Newington. Spent.] 47. [Period for compulsory purchase of lands and construction of works limited to 5 and 7 years respectively. Spent^ 48 — 49. [-16' to rehousing persons of the labouring class. Spent.] 50. [Power to the Board to apply existing funds to the purposes of this Act. Spent.] 51. [Bon-owing powers by. Superseded by the London County Council {Money) Acts 1875 — 19U4.] 52. Nothing in this Act shall take away, abridge, or })rejudicially Saving for affect any right, jiower, authority, or remedy which the Board i^^ar72, and for every subseipient year on such day in each year as shall be specified in that behalf in a notice in writing to be delivered by the Metropolitan Board of Works + to the clerk of the Hornsey Local Board * on or before the 1st day of May in each year, but so that the day so specified for i)ayment be not sooner than three months after the date of delivery of the notice : (4.) The Hornsey Local Board* shall also pay such further yearly- sum as the Metropolitan Board of Works + in each year (as well during the residue aforesaid of the said ])eriod of sixty years as after the ex})iration of that period; by notice in writing delivered by the Metropolitan Board of Works f to the clerk of the Hornsey Local Board* on or before the 1st day of May in each year, require the Hornsey Local Board * to pay as a contribution towards the cost of the maintenance and working of the main drainage system of the Metropolitan Board of Works f : (5.) Provided that the amount of any such further yearly sum as last aforesaid shall not exceed a sum which shall bear to the whole expense incurred by the Metro])olitan Board of Works t in the maintenance and working of their main drainage system, the same proportion as the annual rateable value of the pro})erty in tlio district of the Hornsey Local Board * assessable to the general district rate bears to the annual rateable value of the pro]»erty in the metropolis liable in resjject of main drainage charges. 59. [Expenses of obtainitig Act. Spent.'] 36 & 37 VICTORIA. A.D. 1873. CHAPTER 40. An Act to authorise the Acquisition and Api'RorRiATiON by the METROrOLITAX BoARD OF WoRKS OF CERTAIN LaND RECLAIMED FROM THE RiVER ThAMES IN PURSUANCE OF THE THAMES EM- BANKMENT Act, l^i()2. [21.n/ .Jul;/ 1^73.] \_Preajnble recites (inter alia) 25 it 20 Vict. c. '-'3, aiuf that bij the Thames Conservancij Act, 1857,:J: and an arrangement made between the Crown and the Corporation of the Citjj of London so much of * Now the Mayor, Aldermen, and Bnrpesses of the Municipal Porouph of Hornsey. t Now the London County Council. See 51 i: .")2 Vict. o. 41, s. 40 (^x). X Rep. and replaced by tlie Thames Conservancv Act 1^94 (see Appendix). 31 482 [Chap. 40.] The Thames Emhankment Land Act 1873. [36 & 37 Yict.] Short title. Heads of arrangement in schedule confirmed. Provisions as to the blue land. Appropriation of lands. the soil and foreshore of the Thames heloio Teddington Lock as was opposite am/ land belonging to or in the possession of the Crown or any Department of the Government {and in this Act called the reserved land) tvas reserved to the Croim, and the residue of such soil and foreshore {in this Act called the conservancg land) teas vested in the Conservators of the River Thames for all the estate and interest of the Crown and the said Corporation therein subject to an obligation on the part of the Conservators to jmy to the Crown one-third of all moneys that might be received by them in respect of such conservancy land ; and that previously to the year 1862 the Croum was also possessed of valuable water frontage, tvharfage, and other rights (in this Act called ''\frontage rights ") on the northern sliore of the Tliames between Westminster and Blachfriars Bridges ; and that by 25 & 26 Vict. c. 93, 5i acres of the reserved land and the said frontage rights and part of the conservancy land were taken by the Metropolitan Board of Works for tJie purposes of that Act ; tJiat the reserved land after deducting the said o| acres as aforesaid taken by the Board is in this Act called, the residuary reserved land, and that it is expedient that the Board should be empowered to take a further j)Oi^tion of the residuary reserved, land {in this Act called the red land) containing about 7,300 square yards adjacent to tJie gardens of Fife ILouse Whitehall , coloured red and more particularly described on a plan in this Act called tJie deposited plan ma.rked A. and signed by one of the Commissioners of Her Majesty s Woods, Forests, and Land Revenues, and deposited at the office of Land Revenue Records amd Inrolments ; and that the lands coloured blue on the deposited jilan are vested in the Board subject to the pro- visions of 25 k 26 Vict. c. 93, a7id 31 & 32 176-^ c. cxi. ; and that certain negotiations have taken place and, the heads of arrangement set forth in tlie schedule to the Act were adjusted as proper to be recommended to Parliament. '\ 1. This Act may be cited for all purposes as The Thames Embankment Land Act, 1873. 2. The heads of arrangement set forth in the schedule to this Act are by this Act confirmed, and are declared to be valid and binding for all intents and purposes on Her Majesty, her heirs and successors, and on the Metropolitan Board of Works * and their successors ; and the Commissioners for the time being of Her Majesty's Woods, Forests, and Land Revenues, or one of them, and the Metropolitan Board of Works * are respectively empowered to execute all such convevances and do all such other acts as mav be necessary to carry out and give full effect to the said heads of arrangement, and all such conveyances shall be valid and have full effect. 3. The land in the said heads of arrangement mentioned as coloured blue shall, when conveyed to the Crown, be held freed and discharged from all the provisions of the Thames Embank- ment Act, 1862, and the Thames Embankment (North and South) Act, 1868. 4. All lands acquired by the Metro])olitan Board of Works* in pursuance of this Act shall be appropriated for the purposes of a public garden, and shall be maintained by them as such ; and section four of the Thames Embankment (North) Act, 1872, enabling the Metropolitan Board of Works to make byelaws, shall * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). ■[36 & 37 Vict.] 7'/^ T/ximPs F.mhankment Land Art 1«73. [Chap. 40.] 483 •extend and a})ply to the lands to be api)ropriated by tliem as afore- said for the })ur{)0ses of a ])u])lir garden : Provided always, that no portion of such jmblic garden shall l)e higher than six feet above the level of the adjoining footpath on the Embankment roadway. \_See note on section incorporated.'] 5. \^J)Orrowinq powers. Superseded b>j the London Counti/ Council IMoney) Acts 1875—1904.] THE SCHEDULE. Crown Land on the Thames Embankment. Heads of Arrangement proposed to be snhmitted for the con- sideration of Parliament by the Honourable (.'harles Alexander Gore, a Commissioner of Her Majesty's Woods, Forests, and Land Revenues, and the Metropolitan Board of Works, herein- after called the Board.* 1. These heads of arrangement are not of themselves to have any force or validity, but they embody the terms which, in the opinion •of the above-named Charles Alexander Gore, on behalf of the Crown, and of tht' Board, may properly be submitted for the con- sideration of Parliament as a settlement which, in the interest of the public, may be advantageously made in regard to the matter which is the subject of the arrangement. 2. The arrangement is only to take effect in the event of the Board being authorised by Parliament in the ])resent session to acquire, and thereafter duly acquiring, Northumberland House and certain other property of the Most Noble Algernon Duke of North- umberland which is scheduled in the book of reference to the Charing Cross and Victoria Embankment Approach Bill now before Parliament. \_See 30 »k 37 Vict. c. c.]. 3. For the considerations herein-after mentioned, the said Charles Alexander Gore, or the Commissioner or Commissioners of Her Majesty's Woods, Forests, and Land Revenues for the time being (having the management of the property), are or is to convey, subject to the interest of the Metropolitan District Railway Com- pany in a small portion thereof, to the Board the land near the gardens of Fife House, Whitehall, and containing 7,3oO square yards, or thereabouts, which is coloured red on a ])lan signed by the said Charles Alexander Gore, and deposited at the otfice of Land Revenue Records and Inrolments, herein-after called the deposited plan. Such land is herein-after called the " red land." 4. The red land when conveyed to the Board shall, within six months after the same is acquired by them, be formed and laid out, and shall for ever thereafter l)e maintained by the Board as an ornamental ])u])lir garden, with lawns, gravel walks, tlower beds, and shrubberies, the surface of the soil not being in any place more than six feet above the level of the existing foot pavement of the Embaidcment roadwav, and no building or erection shall at anv time be placed on the red land. 5. In lieu of the wall or fence which by section I'Z of the Thames Embankment Act, 1S62, the Board are to erect between the red land and the roadway on the Embankment, the Board will construct and maintain between the red land and the adjoining garden, in the * Now the London County I'ouncil. >?ee 51 ic 52 Vict. c. 41, s. 40 (i). 484 [Chap, vii.] The Thames Embankment {South) Act 1873. [36 & 37 Vict.] occupation of Lord Gage, a proper closed fence, not less than 8 feet in height above the surface of the public garden adjoining such fence, standing on a kerb wall, and being supported by iron railings. 6. As the consideration for the red land, the Board, after it shall have acquired Northumberland House, but not before, is to convey to the Crown, free from all the provisions of the Thames Embank- ment Act, 1862, and the Thames Embankment (North and South) Act, 1868, certain land at the north-west corner of the red laud, containing 1,060 square yards, or thereabouts, and coloured blue on the deposited plan. The said land so coloured blue is herein-after called the blue land. And the Board is also to pay to the Crown the sum of £3,270. 7. The general line of frontage of the main building or buildings- to be erected on the blue land (when conveyed to the Crown), and on the Crown land on the westward side of the red land, shall not be nearer to the line of the terrace wall shown on the deposited plan than 30 feet, and the intervening space between any buildings which may be erected on the blue land or on the said Crown land shall be separated from the public garden on the red land and on the land to the eastward of the blue land by a terrace wall of an ornamental character (of which the design is to be approved by the Board). And such terrace wall shall be erected on the site marked terrace wall on the deposited plan, and the said terrace wall shall not be more than 15 feet in height (exclusive of the balustrade thereon) above the pavement of the footway on the Embankment roadway, and no openings for light or means of access to the public garden shall be made in such terrace wall. Dated this twenty-fifth day of April 1873. Chaeles a. Gore.. Witness, E. Bloom FIELD, Solicitor's Department, Metropolitan Board of Works. Sealed by order, J. E. Wakefield, Clerk of the Board. Short title. Transfer to Board of obligations as to repairs, CHAPTER VII. An Act for amending and extending the Thames Emranki^ient Acts, 1863 and 1864; and for other Purposes. [24^;/^ April 1873.] [^Preamble recites 26 & 27 Vict. c. 75 (/;* this Act called the Act of 1863), and in particular ss. 2 a?id 14 thereof \ and, that by 27 & 28 Vict. c. cxxxv. {in this Act called the Act of 1864) the Metropolitan Board of Works'* {in. this Act called the Board) was empowered to- embank part of the Thames on the south side thereof, and that the- embankment is now known as the Albert Embankment.^ 1. This Act may be cited as The Thames Embankment (South) Act, 1873. 2. The embankment wall and the footway adjoining the embank- ment shall (notwithstanding anything in the Acts of 1863 and 1864) be under the management, control, and authority of the Board^ * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). ror. e o- 17- n The Metropolitan Commons r/'„.„ k.......:-i /lo*; [36 & 3. Vict.] Supplemental Act 1873. t^'^^^' ^'^'^-^^^-^ ^^^ and they shall have the sole power, anthority, and duty of paving, etc of em- repairing, cleansing, and lighting the same ; and the said embank- ^*^ "^^^^ ment wall and footway, and the trees, lami)-posts, and other things footway, thereon are hereby vested in and the same shall belong absolutely to the Board. \_See 35 & 30 Vict. c. Ixvi. s. 3, aiid note thereon.'] 3—4. \_As to byelaivs. Superseded 40 Vict. c. viii. ss. 3, 4, and 10. See also 53 & 54 Vict. c. ccxliii. s,s. 14—21 ; and 01 & 62 Vict, c. ccxxi. s. 61.] 5. \_Expenses of executing Act. Superseded ^A & 52 Vict. o. 41, part'vf. ; and the London County Council (Monei/) Acts 1>>75 — 1904.] 6. \_Kxpenses of obtaining Act. Spent.] CHAPTER LXXXVI. *An Act to confirm a Scheme under " The Metropolitan Com- mons Act, 1800," relating to Tooting Beck Common. \jth Jul;/ 1873.] [Preaynble recites that the Inclosure Commissioners for England and Wales have in pursuance of " The Metropolitan Commons Act 1866 " duly certijied a scheme for the establishment of local manage- ment ivith respect to Tooting Beck Common, situate in the parish of Streatham in the county of Surrey.] [Be it enacted] 1. That the scheme for the establishment of local management Scheme as to with respect to Tooting Beck Common, situate in the parish of ^°^*"^s Beck Streatham in the county of Surrey,! certified by the Inclosure tige^ by jq.' Commissioners for England and Wales under their seal on the closure Com- thirteenth dav of February one thousand eight hundred and seventy- missioners three, and contained in the schedule hereunto annexed, be hereby confirmed, and from and after the passing of this Act shall be deemed to be a Public General Act of Parliament, of the like force and effect as if the provisions of the same had been enacted in the body of this Act. 2. This Act may be cited for all purposes as " The Metropolitan Short title. Commons Supplemental Act, 1873." SCHEDULE. Scheme for the Establishment of Local Management with reference To Tooting Beck Common. \_Recitals (inter alia) of an agreement by Beriah Dreii- and Phil'qj William Flower to sell and by the Metropolitan Board of Worlds (hereinafter referred to as "the Board '^ X) '" Ji'm-hase the manor nf Tooting Beck, subject to certain stijiulations ax set out in the schedtde to this Srheme ; and that the commons or icaste la7ids belonging to the said vianm' are delineated on a plan deposited with the Inclosure Commissionei'S, and that it is intended that the Board shall take a con- veyance thereof. 1 1. From and after the completion of the said purchase by the Board, the commons or waste lands delineated in the said plan, and therein edged with green (in this Scheme referred to as '• the Common "), shall for the purposes of this Scheme be regulated and managed by the Board. 2. [^Puirer to appoint officers. Superseded by the Munici/xd Corporations Act 1882, S.S-. 19 and 20 {see Appendix), and 51 & 52 17(7. c. 41, s. 75. See also 18 & 19 Vict. c. 120, s. 202.] • See also G2 &; t53 Vict. c. ccx.xxvii. ss. 2;t and 30. and 4 Edw. 7. c. ccxliv. part vi. + Now the county of London. See 51 *: 52 Vict. c. 41, s. 40 (2). J Now the London County Council. See 51 Sc 52 Vict. c. 41, s. 40 (8). 486 [Chap, c] The Charing Cross and Victoria Emhanhnent Approach Act 1873. [36 & 37 ViCT.J 3. The Board may drain, plant, ornament, and improve the Common as may be necessary, and for the purpose of preserving the turf and grass may inclose by fences for short periods such portions as may require rest to revive the same, and for the further protection of the Common may put up a post and chain defence against the straying of cattle along such poi'tion of it as is marked by a dotted line in red on the said plan. No house or any other buildings shall be erected on the Common, except such lodges or other buildings as may be- necessary for the maintenance or management of the said Common or recreation ground. The Board may from time to time erect on the Common such lodges and other buildings as may be necessary for the maintenance or management of the said Common or recreation ground. [See alao 50 & 51 Vict. c. cvi. .s. 50,. and 58 & 59 Vict. c. ccxxvii. *•. 45.] 4 — 5. [^4.s' to hyelaios. Superseded 40 Vict. c. viii. .•,-.>■. 3, 4, and 10 ; 53 & 54 Vict. c. ccxliii. -s.s'. 14 — 21 ; and 61 & 62 Viet. c. ccxxi. s. 61.] 6. The Board shall be at liberty to receive and apply for the purposes of this Scheme, or any of them, any subscriptions or donations applicable thereto respectively that may come to their hands. 7. \_E.cpense^ ieded 61 & 52 Vict. c. 41, part iv.] 8. [Bor7-owing ijowers. Superseded by the London County Cjnncil (Money), Acts 1875—1904.] 9 — 10. [Pe/ialties and hyelaws. Note on clauses 4 — 5 applies.'] 11. The trustees for the poor of the parish of Streathara, the devisees of the- late Mr. George Phillips, Mr. Samuel Martin, and the trustees of the will of Robert Brown Russel, deceased, claim to be entitled to rights of common of pasturage over and upon Tooting Beck Common. The Master, Fellows, and Scholars of Emmanuel College, Cambridge, claim to be entitled to the soil and herbage of a certain portion (about 3 roods) of the land included in this Scheme, and Mr. John Kymer claims a certain small strip. This Scheme affects the several rights and interests in, over, and upon Tooting Beck Common by conferring on the Board power to purchase the same com- pulsorily, with a view to their absolute extinction. The trustees for the poor of Streatham consent to the Scheme provided compensation be given for any rights taken away or prejudicially affected by it. The Master, Fellows, and Scholars of Emmanuel College, Mr. John Kymer, the devisees of the late Mr. George Phillips, and the trustees of the will of Robert Brown Russel, deceased, do not consent to the Scheme. Mr. Samuel Martin does not oppose the Scheme. 12. Printed copies of this Scheme shall at all times be sold at the office of the Board to all persons desiring to buy the same, at a price not exceeding 2s. 6d, each. The SCHEDULE above referred to. [^Provisions to take effect in the event of the Common not being dedicated as therein mentioned to the ^mhlic under the Metropolitan Commons Act 1866, or other Act of Parliament icithin five years from \lth December 1868. Spent.^ CHAPTER C. An Act for making a new Street from Victoria Embankment. \_Prea7)ible.~\ Charing Cross to the [Itk July 1873.] Short title. 1. This Act may be cited as The Charing Interpreta- tion of terms. Embankment Apjjroach Act, 1873." 2. {Incorporation of Lands Clauses Acts. Spent.'] 3. In this Act the following: words and expressions Cross and Victoria have the several meanings hereby assigned to them, miJess there be some- thing in the subject or context repugnant to such construction (that is to say,) The word *' streets " shall include streets, courts, alleys, high- ways, roads, thoroughfares, or public passages or places ; ro/T' p o- IT 1 I f'^ Channq t rasa and \ ictona r^. ,, t .o- r36«s.i< ViCT.l jr I I * i ^ I .1./ 1&-Q [Chap. C.I 487 L -■ Lmbanliment Approach Act 18 iO. •- -■ The term " improvement " means the new street and works connected therewith by this Act authorised ; The expression "the Board " * means the Metropolitan Board of Works : • ••••• \Parts omitted {dejinitiom of " Justice" " two Juatices,'^ " leasee^" and an to meanings of ivord.s in Acts incorporated) spent.'] 4. The Board may construct a new street in the ])arish of Power to St. Martin in the Fields, in tliR conntv of Middlosex,+ commencin'^ make new at Charing ( "ross, and tenuin.itiiig at the Victoria Embankment, near the Charing Cross station of the Metropolitan District Railway. 5. [^Imjirorement to be made according to plans deposited with the Clerk of the Peace for Middlesex. Spent.'] 6. [^Confirmation of two agreements dated '2Sth Fehraarj 187:3 set forth in the schedule to the Act, one made between the Duke of Northumberland and Eaid Percy and, the Board, and the other between the said Duke and the Board, for the sale to the Board of Northumberland House and other properties therein mentioned. Spent.] 7 — 12. [Power to the Board to stop up wags during works, to raise or lower streets, to dei'iate, to make subsidiary works, to alter gas and water pipes, and to lag out carriage ways, etc. Spent.] 13. [As to laying of pacements and vesting the same when made in the Vestry of St. Martin in the Fields.^] 14. [Power to the Board to fill up sewers and drains on providing substitutes, ichich are to be under the same management as existing sewers and drains.] 15. [Power to the Board to alter steps, areas, pipes, etc. Spent.] 16. [Ground laid into streets to form pjart thereof, to be used by the jfublic, and to be under the management of the said Vestry. %] 17 — 21. [Errors and omissions in pkuis — Power to the Board to sell materials and to survey land to be taken — As to compensation — Deficiencies of land tax during works. Spent.] 22 — 24. [Power to the Board to grant building leases of surplus lands — As to sale of ground rents and rerersions thereof— Power to sell such lands without leasing. Superseded (52 tt 63 Vict. c. ccxxxvii. s. 23. See ibid. ss. 19—22.] 25. [Time for sale of surplus lands limited to 10 years from completion of improvement. Superseded 47 & 48 Vict. c. 50, s. 23.] 26. The receipt of the Board for any purchase moneys, rents, or Receipts of ])rotits, or other monev ])avable to the Board bv virtue of this Act, Board to be 1111 iu • ^ "^ 1 •■ ^ I 1- 1 !• ' ^1 • 1 effectual shall be a sumcient and eiiectual disciiarge lor the money m sucli discharges. receipt expressed or acknowledged to be received, and the person to whom the same shall be given shall not afterwards be answerable or accountable for the misajiplication or non-ajjplication of the money in such receipt exj)ressed or acknowledged to be received. 27. Whereas by the Thames Embankment Act, 1802, (section 54,) Forprotec- the Board were required to api)ropriat(> and set apart so much of the ^'°° °f i^f„.„ land to be acquired by them untier the powers ol that Act lying * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). t Now the county of London. See 51 k 52 Vict. c. 41, s. 40 (2). j Now Mayor, Aldermen, and Councillors of the City of Westminster. See 62 k 63 Vict. c. 14, s."4 ; and Letters Patent, dated 27th October 1900. 488 rPwAP ^1 '^^'^ Charing Cross and Victoria rc.r. c q~Tr„'p"i LLHAP. C.J Embankment Approach Act 1873. L'^*^ &. ^. v icr.j southward of the Craven estate as was necessary for the formation of a public street of not less than sixty feet in width in continuation of Craven Street, up to and to communicate with the new street fourthly described in the said Act, and which land was not to be used for any other purpose : And whereas by the Thames Embank- ment (North and South) Act, 1808, (section 28,) it is enacted that the before-mentioned section of the Act of 1862 as to the appropria- tion of land for the purposes of the continuation of Craven Street shall extend and apply to all lands purchased by the Board under the powers of the said Act of 1802 [.s-?>], whether part of the Craven estate or Ivins^ southward thereof, and as if the street No. 3 bv the Act of 1868 authorised were mentioned in the said 54th section of the said Act of 1862, instead of the street in that Act fourthly described : And whereas the continuation of the said Craven Street has not yet been made : And whereas certain parts of the said Craven estate are sought to be acquired by the Board under the powers of this Act, and it has been agreed with William George Craven, Esquire, the owner of the said estate, that the following provisions shall be in force for the benefit of his estate instead of the before-mentioned enactments of the said Acts of 1862 and 1868: Therefore those enactments shall be and the same are hereby repealed, and instead thereof the following provisions shall be in force : The Board shall remove the railings at the end of Craven Street, and make, within seven years after the passing of this Act, a street not less than thirty-six feet wide in continuation of Craven Street, up to and to communicate with the street No. 3 by the before- mentioned Act of 1868 authorised. Any buildings which may be erected under the powers of this Act on the easternmost side of the continuation of Craven Street shall not extend beyond the present line of buildings on the eastern- most side of that street. The properties numbered 57, 58, and 59 may be built upon. 53rd section of Act of 1862 not to apply to this Act. Plan of new- buildings to be submitted to Council of the Royal Institute of British Architects. [Part omitted {Board not to take lands of Mr. Craven, numbered 50, 51, 52, 53, 55, and 56 on the deposited plans except by agree- ment, but may jmrchase Mr. Craven^s interest in Nos. 25 and 26 Craven Street) spent.'] 28. Notwithstanding anything in the said Acts of 1862 and 1868, or either of those Acts, contained, the Board may, subject to the provisions and restrictions of this Act, set apart and appropriate for building purposes the properties numbered respectively 57, 58, and 59. 29. Nothing in the 53rd section of the Thames Embankment Act, 1862, contained, restricting the erection of buildings upon certain lands acquired from the Most Noble Algernon late Duke of Northumberland shall extend or apply to any lands purchased under the powers of this Act. 30. The architectural elevations of all buildings to be erected under this Act, fronting the new approach to the Thames Embank- ment, or fronting any street to be made under this Act, shall be submitted by the Board to the consideration of the council of the Royal Institute of British Architects previous to the commencement of anv such buildings. 31. [Period for purchase of lands limited to 5 and for construction of works to 7 years. Spent. \ [36& 37 Vict.] Bechenham Setverage Act 1873. [Chap, ccxviii.] 32. \_Sarii-ig the right.s of the Crown.'] 33. \_Pou'er to the Hoard to appl;/ existing fiuxh to the purposes of thi.s Art. Spent.] 34. [J)orrofri//(/ poivers. Superseded !»/ the London County Council {Money) Acts 1875—1904.] 35. \_Expenses of obtaining Act. Spent.] (Schedule. \_Agreements referred to in s. H. Spent.] 489 CHAPTER CCXVIII. * An Act to make better Provision for the Sewerage of a Part of the Pajush of Beckenham in the County of Kent ; AND FOR other PURPOSES. [pth August l'^73.] [Preamble recites that the Board of 11 or/w for the Leiri.^hnm district (in this Act called the Letcisham Board of IJor/'.^t), con- stituted, 2inder 18 & 19 Vict. c. 120, are empowered to ma/ce sewers for the effectual drainage of their district, cornprising the parish of LeioisJiam and. the hamlet of Penge, which parish and hainlet are separated from one another by a jnere of land part of the parish of Beckenham, but that the parish of Bechenham is not comprised in the district of the Lewisham Board of \Vor/{S,-\ and is beyond the limits of the metropolis as defined by 18 «fc 19 Vict. c. 120 ; and that the Lewisham Board of IVorhs f have made a sewer, called the Penge and Bell Green sewer, for the drainage of part of their district, and have carried the said sewer througlt part of the hamlet of Penge, and thereout across tlie said piece of land, in the parish of BecJien- liam, into and, through part of the parish of Letcisham, and so into the liavensbourne and Sydenhnm main sewer of the Metropolitan Board of Worhs^ ; and that the parish of BeckenJiani is comprised in the Bromley Poor Laiw Union, which nnion forms a rural sanitary district ivithin the Public Health Act, 1872,§ and that the guardians of that union, or a committee appointed by them, are the rural sanitary authority of that district ; and that a considerable part of the sewage arising within the area of the said piece of land, in the parish of Beckenham, fnds its ivay into the Penge and Bell Green sewer without any contribution from the parocliial authorities irithin that area towards the cost of the said sewer or of the Tiarensboume and Sydenham main seiver, and that it is rea.^onable that the nse of the said sewers should be paid for by the district benefited thereby : and that on sanitary and other grounds it would be of great local and public adrautage if the guardians of the Bromley Union jcere admitted within the drainage area of the MetrojH)lita// Board of Works,X and empowered and required to use the Penge and Bell Green sewer (in that part thereof where it crosses the piece of land aforesaid sejtarating the parish of Lewisham from the hamlet of Penge) for the purposes of the more effectual drainage of that portion of the parish of Beckenham which is shown on a map prepared for the jiur poses of this Act, and authenticated by the signatures of Samuel Edwards on behalf of the Lewisham Board of * Ss. 8—12, 14, 15, 17, and 19 of 57 & 58 Vict. c. ccxii. are applied to Beckenliam sewerage aieii by Penge and Beckenham Drainage Scheme IWl, made under (12 & 68 Vict. c. 14. t Now the Council of the Metropolitan Borough of Lewisham. See 62 & 63 Vict, c. 14, s. 4. X Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (h). § Rep. and replaced by the Public Health Act 1875. 490 [Chat, ccxviii.] Beckenham Sewerage Act 1873. [36 & 37 Vict.} Short title. Interpreta- tion of term? Custody of map. Lewisham Board to put Penge and Bell Green sewer into repair, etc. Use by guardians of Penge and Bell Green sewer, sub- ject to con- ditions. Worki<* and of Joseph Willia?yi Bazalgette on behalf of the Metro- politan Board of Wor/(S,'\ and is thereon diatingai sited by a green colour^ and, wliicli portion of thie said parish of BeclienJmm is in tins Act referred to as the BeckenJiam sewerage area.'] 1. This Act may be cited as the Beckenham Sewerage Act, 1873. 2. In this Act the expression the guardians shall mean . . . any sanitary authority for the time being having by law the control or management of the sewerage of the said Beckenham sewerage area as defined by this Act. [^Part omitted (inclusion of the guardians of the Bromley Poor Law Union in the definition of guar- dians) superseded by Order of the Local Gorernrnent Board of 26th April 1876, made under s. 270 off he Public TIeaJth Act 1875, creating the Beckenham Local Board %.] 3. The Lewisham Board of Works* shall, within one month after the passing of this Act, deposit the said map with the Clerk of the Peace for the County of Kent, and the same shall be kept subject and according to the provisions of the Public General Act passed in the session of Parliament of the seventh year of the reign of King William the Fourth and the first year of the reign of Her present Majesty, chapter eighty-three, and also deposit a duplicate of the said map with the clerk of the guardians, and any ratepayer of the parish of Beckenham may inspect the same on reasonable notice. 4. The Lewisham Board of Works * shall, on or before the twenty- fifth day of March one thousand eight hundred and seventy-four, put the said Penge and Bell Green sewer into a fit, efiicient, and proper state of repair in all respects, and shall at all times keep and maintain the same in good, efiicient, and comj^lete repair in all respects. 5. Subject to the provisions of this Act, the guardians shall,, with all reasonable dispatch after the passing of this Act, connect all or any of the drains or sewers already made or hereafter to be- constructed upon or within the Beckenham sewerage area with the Penge and Bell Green sewer within the parish of Beckenham, subject to the following conditions ; (namely,) (1.) Before commencing the construction of any such sewer the guardians shall submit to the Lewisham Board of Works* and to the Metropolitan Board of W^orks t a plan of the street or place in which they propose to construct it, drawn to such a convenient scale as the said respective Boards from time to time require, and showing the posi- tion, course, and dimensions of the proposed sewer, with a section thereof, and such other particulars relative thereto as the said Boards from time to time may reasonably require : (2.) The guardians shall not proceed with any such sewer or works without the approval in writing or in contravention of the directions of the said respective Boards, and the guardians shall comply with all such orders and directions from the Metro})olitan Board of Works t as that Board shall make and give in connexion with the works under the Act affecting the main drainage of the metropolis : * Now the Council of the Metropolitan Borough of Lewisham. See 62 & 63 Vict, c. 14 ; s. 4. t Now the London County Council. See 51 & .52 Vict. c. 41, s. 40 (8). + Now the Beckenham Urban District Council. See the Local Government Act 1894 (see Appendix). [36 & 37 Vict.] Beckenham Sewerage Act 1873. [Chap, ccxviii.] 491 (3.) The guardians sliall give three dear days notice in writing to the Lewisham Board of Works before connecting any sewer with the Penge and Bell Green sewer, and the necessary junction or communication for that ])urpose shall be made to the reasonubk* satisfaction of the Lewis- ham Board of Works. • ••••• [Part omitted {expenses of obtaining Act) spent.'] 6. The guardians shall not, without the consent of the Lewisham Sewage of Board of Works * and of the i\Ietroi)()litan I'.oard of \\'orks,t permit °^Jf "/p^'f '^ or sutler any district or ])hice beyond the area under the jurisdiction into Penge of the Metroi)olitan l^oard of Works,t other than the Beckenham and Bell sewerage area, to drain into or otherwise to be connected with any "jreen sewer, sewer or sewers for the time being discliarging into the said Pen^e and Bell Green sewer, and no such other district or place shall have any such power, notwithstanding any powers in any general Act to the contrary. 7. The guardians shall in exercise of the powers of this Act, so ^^*^™^''®'^^' far as is practicable, prevent the storm waters of their district from practicable, flowing into the sewers within the Beckenham sewerage area, and to be ex- thereby into the Penge and Bell Green sewer. ^^^^^^ ^™™ •' ° sewers. 8. The guardians shall, on or before the twenty-fifth day of payments by March one thousand eight hundred and seventy-four, pay to the guardians to Lewisham Board of Works * the sum of one thousand and sixty-two Lewisham pounds and ten shillings, and shall pay to that Board a yearly sum equal to the amount that would be jiroduced by a rate of one half- penny in the pound on the annual rateable value of the proi)erty in the Beckenham sewerage area assessable to the rate for the relief of the poor, which yearly sum shall be ])ayable half-yearly on the twenty-ninth day of September and the twenty-fifth day of March in each year, and the first half-yearly payment shall be made on the twenty-ninth day of September one thousand eight hundred and seventy-four. 9. If and whenever it may be necessary in making any rate for As to appor- any of the purposes of this Act to apportion any assessment upon ^g°"™^gQ°g any j)roperty in the parish of Beckenham between so much of that parish as is within the Beckenham sewerage area and the re- mainder of that parish, the overseers of the poor of that parish shall forthwitli give notice in writing of every such assessment and the apportionment thereof to the Lewisham Board of Works, and if the said Board object to any such apportionment they shall, within twenty-one days after the receipt of such notice, give to the said overseers notice in writing of such tlieir objection, stating the ground thereof, and thereupon the matter in difference (if any; shall, upon the a})plication of eitlier party (after fourteen clear days notice given to the other party), be referred to the determination of the metropolitan ])olice magistrate for the time being sitting at the police court at Greenwich, whose decision thereon shall be final, binding, and conclusive on all parties ; and the costs of" and incident to such determination shall be in the discretion of such magistrate, and such magistrate shall have power to alter and shall alter any such rate accordingly : Provided nevertheless, that it shall not be * Now the Council of the Metropolitan Borough of liewisham. !oard of Works,* their agents or contractors, the Metropolitan liuard of Works* shall be answerable and shall pay to the New River Conipanyf all daina,i;"es arising thei'efroni, and be liable at all times thereafter to make good at their own expense whatever injnry may be caused or done to the said river and banks ; and any (piestion which may arise as to any such expenses or danuiges shall, at the re(juest of either party, be referred to a civil engineer to be ai)i)ointed by the Board of Trade, and the award of every such engineer shall be final and conclusive : All works in any way affecting the said New liiver or the banks thereof shall be done under the direction and to the I'easonable satisfaction of the engineer of the New River Company.t 12. Nothing in this Act contained, or in anv bvelaw or regulation For protec- to be made by virtue hereof, shall alter, prejudice, or in any manner London affect any right, duty, or obligation arising or existing between the waterworks Metropolitan Board of AV'orks * and the East London ^Vaterworks Company, Com})any f resj)ectively, under the indenture made between them, and dated the lUth day of August 1871. J.O, ...... (2.) The South Hornsev Local Board % shall not, without Board to the consent of the Metropolitan 15oard of A\'orks,* permit any IjJ'ji^J^^^se district or place outside the area of the jurisdiction of that Hornsey dis- Board, other than the South Hornsey district, to drain into trict into or otherwise be connected with any sewer of the South Hornsey ^?.'^,J.^t'^° Local Board t discharging into a sewer of the Metropolitan Board of and Middle Works,* anci no such other district or place shall have any right Level sewers to so drain or be connected, notwithstanding any jjrovision in any general Act. \_Part omitted {admisfiioK of st'trtujc of Sontli Ilortise)/ distrirt into the Sorthern llxjh Lerel and Middle Leeel se/rera of the Metropolitan Board of Works*) rep. b>/ the Borough of Stoke Newinyton {South Hornsey) Scheme 19U1 made under 62 & 63 Vict, c 14.] 14 — 20. [/Provisions as to contribution by ami rating of South Hornsey district in respect of the said admission of sewage. Rep. by the said Stoke Neicington Order in Council.'] 21. [Extension of time respecting Newington Butts improtement under 3.5 & 36 Vict. c. clxiii. Spent.] 22. \_Poicer for the Board to defrag expenses relative to Thanks- giving Bay {21th Feb. 1872). Spent.] 23. \_Borrou-ing powers. Superseded bij the London County .Council {Money) Acts 1875—1904.] 24. [Expenses of obtaining Act. Spent.] * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). t Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. j Now tiie Council of the ^letropolitan Borough of Stoke Newington. Se London (South Hornsey) Order in Council 1900, made under G2 i: 63 Vict. c. 14. See the 500 [Chap. 3.] Metropolitan Police^ Magistrates r^^ ^ ^^ y^^,^. j\Ct i-O t o. '- -' The SCHEDULES referred to in the foreooinjr Act. Schedule (A.) * Parts of Finshury Pa.rh Act, 185T, incorporated. Number of Section. Three Five Six . Ten Eleven Sixteen Seventeen Eighteen Twenty-one Twenty-two Twenty-three Twenty-five Twenty-six Twenty-nine Thirty-four Thirty-five Fortv-six Marginal note of Section. Interpretation of terms. Board to appoint committee to carry the Act into execution. Members of committee not to be interested in contracts. Board may construct bridge over New River. Power to Board to appoint officers, etc., and take security, if they think fit. Penalties on officers, etc., being interested in contracts, or exacting fees. Power to Board to divert streets, etc., making compensation to owners. Power to Board to stop up parts of carriage and foot ways of streets. Sewers or drains to be arched over or filled up. Board, at the time of filling up any sewer, etc., to build a similar sewer, etc. Power to Board to raise, sink, or alter water or gas pipes. Power to take houses and land for the purposes of this Act. EiTors and omissions in plans, etc., may be corrected by Justices. who shall certify the same. Board empowered to treat for the purchase of lands, etc. Provision for deficiencies in land tax. P'ower to Board to sell land not wanted. Receipt of Board to be effectual discharges. The Board mav contract. Schedule (B.) \Provhions as to construction of road authorised hy the Act, 38 & 39 VICTORIA. A.D 1875. Salaries of Magistrates of metropo- litan police courts. CHAPTER 3. An Act to make further Provision with Respect to the Salaries of the Magistrates of the Police Courts in THE Metropolitan Police District. [19t/( March 1875.] SPreamhle {reciting 2 & 3 Vict, c. 71, s. 9, and 18 & 19 Vict, c. 126, 6-. 19) rep. 56 k 57 Vict. c. 54 {S.L.R.).^ 1. . . . There shall be payable ont of the Consolidated Fund of the United Kingdom to the (_"hief of the Police Magistrates ap- pointed to the metropolitan police courts in the metropolitan police district the yearly salary of eighteen hundred pounds, and to each of the other Magistrates so appointed the yearly salary of fifteen hundred pounds. Every such salary . . . shall be payable at such intervals, not exceeding three months, as may be from time to time determined by the . . . Treasury. [Parts omitted (as to date of commencement of salaries and salaries to accrue from day to dajj and the words " Commissioners of Her Majesty' s ") rep. 56 & 57 Vict. c. 54 {S.L.R.).'] 2. [Repeal of enactments merdioned in the schedule. Rep. 46 »fc 47 Vict. c. 39 {S.L.R.).'\ * See notes on sections incorporated which apply here. [38 & 39 Vict.] The Fublic EntertainmenU Art \^1:), [Chap. 21.] 501 3. This Act may be cited as the Metropolitan Police Magistrates •''hort title. Act, \>i~v>. Schedule. {Actn ifpealed {viz. so much of a. 9 <.is relates to the .vdanj of ainf Police a\ fay id rate, and a. 11 of 2 & 3 Vict. c. 71; .f. 19 of the Crimitial Justice Act 185o ; a/fd .so much of the Judges Salaries Act 1872 as relates to the salary of any Police Magistrate ill the metropolis) rr/>. 40 & 47 \'irt. c. 39 (-V./../^.).] CHAPTEK 21. * An Act kok amending the Law kelatin(; to Houses of Public Dancing, Music, or other Public Entertainment OF the like Kind, in the Cities of London and Westminster. [lAth June 1875.] \_Prea)nhJr {reciting 2.") Geo. 2, c. 36) re/j. 56 k 57 Met. c. 54 {S.L.R.).'] 1. Section three of the recited Act shall be constrned as if. Amendment instead of the proviso, "that no siu-h house, room, ;,'arden, or other of o5^Geo " place kept for any of the said purposes, although licensed us afore- c. 3(j. said, shall be oi)en for any of the said ])urposes before the hour of five ill the afternoon,"' there were substituted the proviso, " that no such house, room, garden, or other place kept for any of the said purposes, although licensed as aforesaid, shall be open for any of the said purjmses before the hour of noon." Provided, that if on any special occasion an occasional license of exemption shall have been granted under tlie twenty-ninth section of the Licensing Act, 1^72, in respect of any house, room, garden, or other place licensed under the recited Act, no penalty or for- feiture shall be incurred for contravention of section three of the recited Act, as hereby amended, on account of such house, room, garden, or other place being kept open for any of the purposes aforesaid on such sjjecial occasion from midnight until the hour specified in such occasional license as the hour for closing. 2. {^Commencement of Act (29M September 1874). Rep. 46 k 47 Viet. e. 39 (S.L.R.), find 50 k 57 ]'iet. c 54 {S.L.R.).'] 3. This Act may ])e cited as The Public Entertainments Act, Short title. 1.S75. CHAPTER 28. An Act to amend the Law respecting the Superannuation Allowances of certain Officers of the Staff of the Metropolitan Police. [29/'/' June 1875.] {Preamble {recitiny 4 k 5 117//. 4, e. 24 {hereinafter referred to as the Sujterannuation Act 1834); 2 ct 3 Vict. c. 47, .v. 21; and the Superannuation Act 1859) rep. 56 & 57 Vict. c. 54 {S.L.R.').'] 1. . . . The Secretary of State may, as soon as conveniently may Power to be ... , by order make regulations respecting the grant to the suteTo^make * Wliole Act rep. as to the county of Middlesex by the Music and Dancing regulations Licences (Middlesex) Act IS'U, s. 2 (12). 502 as to super- annuation for officers of staff of Metropolitan Police in accordance with the principles applicable to civil service. [Chap. 28.] The Metropolitan Police Staff {Superannuation) Act 1875. [38 & 39 Vict.] Power to grant super- annuation allowances, etc. Fund for payment of superannua- tion allow- ances past and future. .31 k. 32 Vict, c. 67. Short title. officers of tlie staff of the Metropolitan Police mentioned in the schednle to this Act of superannuation allowances, compensations, gratuities, or other allowances, on the like principles and conditions as are in force at the passing of this Act with respect to persons in the permanent civil service of the State, with power to provide for the case of any such officer transferred to or from any office or employment remunerated out of any moneys raised in any part of Her Majesty's dominions by taxes or rates, penalties or fines, or any moneys applicable in aid or reduction of taxes or rates, or out of other public revenue in any part of Her Majesty's dominions, or any public office or employment in any part of Her Majesty's dominions remunerated by way of fees or otherwise. A copy of the order proposed to be made in pursuance of this section shall be laid before both Houses of Parliament, and shall not be finally made by the Secretary of State until it has lain for not less than twenty days before Parliament, but such order when finally made by the Secretary of State shall be deemed to be within the powers of this Act, and shall have effect as if it were enacted in this Act. {^Amended hy the Police Act 1890, .s-. 32, and 60 & 61 Vict. c. 26, s. 5. Words omitted (" one of Her Majesty's principal Secretaries of State hereinafter referred to as " and " after the passing of tins Act'') rep. 56 & 57 '17-^'^ c. 54 (S.L.B.).'] 2. The Secretary of State may, under the circumstances authorised by the regulations under this Act, grant, if he think fit, to any of the officers of the staff of the Metropolitan Police mentioned in the schedule to this Act a superannuation allowance, compensation, gratuity, or other allowance, in accordance with the said regulations. Where any superannuation allowance has been granted before the passing of this Act to any of the said officers under " The Super- annuation Act, 1 834," the Secretary of State may, if he think fit, grant to such officer, on his application a superannuation allowance in accordance with the regulations under this Act in lieu of the superannuation allowance so granted. Every such grant shall be sjiecified in the annual report laid before Parliament with respect to the Metropolitan Police, and shall state the special reasons (if any) for such grant. [Amended hy tlie Police Act 1890, s. 32, and 60 & 61 Vict. c. 26, s. 5.] 3. Every superannuation allowance which has been granted before the ])assing of this Act to any of the officers of the staff" of the Metropolitan Police mentioned in the schedule to this Act, shall continue to be payable to such officer ; and every such superannuation allowance, and every sujierannuation allowance, compensation, gratuity, or other allowance, which may be granted after the passing of this Act to any of the officers of the staff of the Metropolitan Police mentioned in the schedule to this Act, shall be deemed to be part of the expenses of the Metropolitan Police Force, within the meaning of the Police Rate Act, 1868, and shall be defrayed accordingly. 4. [Pepeal of s. 21 of 2 & 3 Vict. c. 47. Rep. 46 & 47 Vict. c. 39 (S.L./i.).^ 5. This Act may be cited as The Metropolitan Police Staff (Superannuation) Act, 1875. [38 & 39 Vict.] // x . , iw-- [Chap. 6o. | 503 L -I I I Jtti ii'<\ Art IK.ii L -I {Loaiiii) Act J^jTO. SCHEDULE. Officers of Staff ov Metropolitan Police to whom Act APPLIES. Every person who has been employed, wliether before or after the passing of this Act, under the Commissioner of Police of the Metropolis or the Receiver for the Metroj)olitan Police District, and is not a constable, and whose salary has l^een j)aid as part of the expenses of the Metropolitan Police Force. CHAPTER 05. An Act for fljrther amending the Acts relating to the RAISING OF Money hv the Metropolitan Board of Works, AND for OTHEIt PlKPOSES. [\\th AuyUSt \^1b.'\ {Preamble rep. 56 & 57 Vict. c. 54 {S.L.R.).'\ 1. This Act may be cited as The Metropolitan Board of Works ^hort title. (Loans) Act, 1875. This Act shall be read and have effect as one with The Metro- Construction jwlitan Board of Works (Loans) Acts, 1869 to 1871. of Act- 2. [Power for the Board to spend moneys on or in contributing to improi-ementx till 31. s;* December^ 1876. Rep. 46 & 47 Vict. c. 39 (.S./..7?.).] 3. yExpen>^eii for Fire Briqade purposes till '-Wst December 1876 — ''ower for Pep. 46 i, 47 I let. c. 39 (6'. />./?.).] ^^or The Board * shall from time to time carry to the Consolidated Loans Fire Brigade Fund such sums as the Treasury approve as Ijeing, in their opinion, purposes, suftncient to redeem, within thirty years from the date of the creation of stock for purposes of this section, an amount of consolidated stock equal to that so created. 4. \_Poa'er to the Ihun-d to Und to vestries and district boards ^o^'^'^t^ ^or con.'ititated ainler 18 k 19 Vict. e. 120 till ?Ast December 1876. fo^;'^/-^ J^;"^ Pep. 4() k 47 Vict. c. 39 (S•.^./,^).] _ _ district" Money lent by the Board •'* under this section shall, notwithstanding board, anything in any other Act, be repaid to them, with interest, within such time after the borrowing as the Board * and the borrowers, with the a]>])roval of the Treasury, agree, not exceeding, in case of a loan for })urposes of im])rovements elfected by the widening of streets or bridges, or for the purpose of ])urchase of land in fee simple, sixty years, and for any other })uri)ose thirty years. Li case of a loan re([nired to be for not exceeding thirty years, the Board*" shall from tiuje to time carry to the Consolidated Loans Fund such sums as the Treasury approve as being, in their o[)inion, sufficient to redeem, within tlie period for which the loan is made, not exceeding thirty years from the date of the creation of stock for purposes of this sei'tion, an amount of consolidated stock equal to that so created. 5. [Power to the Board to lend to (/udrdidiis of a union or pari.-^h Power for wholh/ or for the qreater part within the metropolis till oVst ^^^^^;^J^l^^^'"^ J)ecember 1876. Pep. 46 & 47 Vict. c. 39 (S.L.P.).'] guardians. Money lent by the Board* under this section shall, notwithstanding * Now the London Count v Council See 51 iV: 5'2 Vict. c. 41, s. 40 (S). 504 [Chap. 65.] The Metropolitan Board of Works {Loans) Act 1875. [38 & 39 Vict.] Power for Board to lend to corpora- tion, burial board, etc. Power for Board to expend for incidental charges on consolidated stock. Repayments to go to Consolidated Loans Fund. Future Loan Bills to have tables of in- formation ac- comianying. Returns respecting money raised and valua- tion, lia- bilities, etc. anything in any other Act, be repaid to them, with interest, within such time after the borrowing as the Board * and the borrowers, with the approval of the Treasury, agree, not exceeding thirty years. The Board * shall from time to time carry to the Consolidated Loan Fund such sums as the Treasury approve as being, in their opinion, sutiicient to redeem, within the period for which the loan is made, not exceeding thirty years from the date of the creation of stock for purposes of this section, an amount of consolidated stock e(jual to that so created. 6. [Power to the Board to lend till ?>\st December 1876 to corporations, co?n?nissioners, burial boards, or other public bodies haling power to levy rates in respect of land, tcithin the metropoli.^. Rep. 46 & 47 Vict.'c. 39 (^.Z.i?.).] Money lent by the Board* under this section shall, notwithstanding anything in any other Act, be repaid to them, with interest, within such time after the borrowing as the Board * and the borrowers, with the approval of the Treasury, agree, not exceeding, in case of a loan for purposes of improvements effected by the widening of streets or bridges, or for the purpose of purchase of land in fee simple, sixty years, and for any other purpose thirty years. In case of a loan to be for not exceeding thirty years, the Board* shall, from time to time, carry to the Consolidated Loans Fund such sums as the Treasury approve as being, in their opinion, sufficient to redeem, within the period for which the loan is made, not exceeding thirtv vears from the date of the creation of stock for purposes of this section, an amount of consolidated stock equal to that so created. 7. [Extension of amount which the Board may lend till 2>\st December 1876 to manaqers of the Metropolitan Asylum District. Rep. 46 & 47 Vict. c. 39 '(^.Z./?.).] 8. The Board * may from time to time expend for composition for stamp duty, charges payable to the Bank of England, costs of advertising, brokers commission, and other expenses incidental to the raising of money by consolidated stock, such amount as they require for that purpose, and as the Treasury approve, and in order to raise the same may from time to time create consolidated stock. 9. [Alteration of limit in 32 & 33 Vict. c. 102, s. 38, on the amount which the Board may borrow. Rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 10. All sums received by the Board* in respect of interest on or principal of any loan made by them under this Act shall be carried to the Consolidated Loans Fund. 11. [Act not to ajfect loan.^ reiiolfed upjon before its passing. Rep. 61 & 62 Vict. c. 22 (S.L.R.).] 12. Where the Board * are desirous of obtaining a further Act empowering them to raise money, they shall cause the Bill for the same, as proposed to be submitted to Parliament, to be accompanied with tables giving such information as the Treasury require for the j)urpose of enabling a comparison to be made between the rateable value of the metropolis and the liabilities of the Board.* 13. The Board * shall every year frame and deliver to the Treasury returns showing — i. All money raised by the Board * under this or any further Act for purjjoses mentioned in this Act ; * 2s'ow the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). [38 & 30 Vict.] ^^^ ^^''^'^^''Ztl^:!'""^ *'^''^' [^«^»'- 1^^^^"-] ^'^^ ii. Ill relatiou to every ])iirish, district, union, or ])Iace in respect '^'f parishes whereof a loan is ohtaincil from the IJoanl* niinn' IsTo.] [Preamble recites IT & Is \'irf. c. clxix.] 1. This Act shall be construed as one with so much as is left Construction hereby unrepealed of the said Act of the 17th and 18th Victoria, °^ ^^^• cap. clxix., and the last-mentioned Act and this Act may be cited respectively as "Tlie Middlesex Industrial Schools Act, 18o4," and Short titles, "The Middlesex Industrial Schools Act, 1875," and maybe cited toirether as " The Middlesex Industrial Schools Acts." 2. So much of section 1 of " The Middlesex Industrial Schools Definition of Act, 1854," as defines the meaning of juvenile offender is hereby J^'^^^^^^llf^ repealed, and in lieu thereof be it enacted, that, for the purposes of the Middlesex Industrial Schools Acts, "juvenile otfender"' shall mean tiny child apparently above the age of ten and not above the age of fourteen, who is convicted of any offence committed in the county of Middlesex,! such conviction being before any judge or any jsessions of the peace for the trial of felonies and misdeme:inors, or by a metropolitan police magistrate, or by two or more justices of the peace in ])etty sessions assembled. 3. The thirty-fifth section of the Middlesex Industrial Schools Repeal ot;^ Act, 1854, is hereby repealed, and in place thereof be it enacted as Mfdaiesex ° follows : The Judge or sessions before whom, and the Police Magis- industrial trate or Justices in petty sessions assembled by whom, a juvenile ^djools Act. ofi'ender is convicted, may, at his or their discretion, instead of ^'^^' sentencing sucli offender to any punishment to which he would be liable, sentence him to be detained in an industrial school within the meaning of the Middlesex Industrial Schools Acts, the general rules for the government of which have been approved by one of Her Majesty's princii)al Secretaries of State, for any term not less * Now the London Countv Council. See 51 x .")2 Vict. c. 41, s. 40 (8). t See 51 i r.2 Vict. c. 41, s. 40 (•_»). 506 [Chap. Ixxxvii.] The Middlesex Industrial Schools Act 1875. [38 & 39 ViCT.J. \>>,'). •- ' 5. The roads (Xo. 1) and (No. 2) by this Act aiitliorised sliall, Boards when made, he deemed part of the roadway of tlic Victoria Ernl'ank- pan of road- ment lor the pnrjjoses of sections three and four of the Thames way of em- Embankment (North) Act, 1872, and for all other purposes. bankmem. 6. \_Pofrer to the Board to .^arrfiidcr certain h'nd to the Duchj of IjdH-osti'r. Spent.'] 7 — 8. \_Power to the Ducht/ of Lancaster to make certain improce- ments to and in the xicinittj of the German Lutheran ('hapel.~\ 9. In rehition to lands belonfjinp: to Tier Majesty in ri«rht of her I'owersof Uucliy of Lant'aster reipiired to be dealt with for tlie purposes ol j-eiation'to this Act, and to minor works required for better effectuating the lands, etc. arrangement between the Board and the Chancel hjr and Council of the Dncliv of Lancaster, the Chancellor and Council are hereby further em])owered to do the following things ; (namely,) (1.) To grant to the 15oard, in consideration and as part of the arrangement with them, the right to construct and main- tain part of road (No. 1) and road (No. 2) in and over - lands belonging to Her Majesty the Queen in right of her Duchy of Lancaster : (2.) To release to the Board, in consideration and as part of the arrangement with them, any rights of light and air now belonging to Her Majesty the Queen in right of her Duchv of Lancaster over the Board's vacant y-round : O' (6.) To put up and maintain, or from time to time to remove, wholly or ])artially, and reinstate fences of such nature as the Board and the Chancellor and < 'ouncil fi-om time to time agree, along so much of the road (No. 1) and of the Victoria Embankment as will be on, over, or next to any land belonging to Her Majesty the Queen in right of her Duchy of Lancaster, and as the Chancellor and Council think tit : • ••••• [Parts omitted contain various poicers to the Duchy of Lancaster^ 10. [Financial powers for the Duchj of Lancaster.'] 11. The Act of the eleventh year of King George the Third Repeal of (chapter thirty-four), intituled ''An Act for enabling certain persons ^ 34 to enclose and embank part of the Biver Thames adjoining to Durham Yard, Salisbury tStreet, Cecil iStreet, and Beaufort Buildings, in the county of Middlesex," as far as the same aifects any land within the l>recinct of the Savoy belonging to Her Majesty the Queen in right of her Duchy of Lancaster, or the Board's vacant ground, or any lands aci^uired by the Board under this Act, is hereby repealed. 12. And whereas the rights of communication and access and Repeal of egress by the ()2nd section of the Thames Embankment Act, 1862, P^''^ "'.^^ conferred on the Manpiess of Salisbury, his heirs and assigns, to "Xhe Thames and from the land to be reclaim(>d anil enclosed under the said Act Embankment and referred to in the said section, and the obligations of the Board -'^'^V ^^^-'' in respect of the said rights, have been the subject ot a suit in the m^nt in sub- Court of Chancery, in which the present ]\Ianjuess of Salisbury, stitution of it. herein-after called the ^laripiess, is jilaintitf and the Board are defendants, and it is mutually desired that all fnrtlier litigation in respect of the subject-matter of the said suit shall l)e j)ut an end to between the parties ; it is therefore enacted as follows : 510 rr^ 1 • n J^f'C^ Metropolitan Board of Works 1 Chap, clxxix. / r^ • d \ ^ /^o■~x L -• (Various Powers) Act iSiO. [38 & 39 Vict.] Regulation and manage- ment of Tooting Graveney Common. Provision for compensa- tion. (1.) All that part of the said 62nd section of the Thames Embank- ment Act, 1862, which follows the word "monuments" shall be and the same is hereb}' repealed : (2.) Road Xo. 1, by this Act authorised to be made, shall, within 15 months from the passino^ of this Act, be constructed and continued by the Board over the vacant ground be- longing or reputed to belong to them up to the eastern boundary of the land and property of the Marquess adjoining the said ground : (3.) The Board shall also, within 15 months from the passing of this Act, construct, make, and finish a roadway of the width of 25 feet, running northwards from and out of the said road No. 1 to and into and communicating with the southern end of Carting Lane, as shown on the plan as signed by Richard Nicholson on behalf of the Marquess, and William \V'yke Smith on behalf of the Board : (4.) The Marquess, his heirs and assigns, and his and their sequels in right, and his and their lessees, tenants, and occupiers (duly authorised by him or them) of houses and premises in Cecil Street and Salisbury Street, and of the houses, lands, and premises lying between the houses at the southern ends of the said streets on the north and the Thames Embankment garden on the south, and of any other houses or ])remises near or adjoining • thereto and belonging to the Marquess, shall have full and free rights of communications and access and egress at all times either on foot or with horses, carts, and car- riages of any description, and for all purposes whatsoever to and into and over and along the said road No. 1, and the said road to be made therefrom to and communicating with the southern end of Carting Lane as aforesaid : (5.) [Upon the completion bt/ the Board of the said road No. i, and of the road to be made therefrom, all steps to be taken for ending the suit between the Marquess and, the Board. Spent.~\ 13. \_Fower to the Board to stop up Trinity Place, Charing Cross. Spent.'] 14. From and after the passing of this Act, Tooting Graveney Common sliall be regulated and managed by the Board as a place of recreation for the public, and for that purpose sections two to six (both inclusive) and nine and ten of the scheme for the establish- ment of local management with respect to Tooting Beck Common, confirmed by The Metropolitan Commons Supplemental Act, 1873, shall by virtue of this Act extend and apply to Tooting Graveney Common, and the Board may from time to time, if they think fit, contribute any sum not exceeding one thousand one hundred and fifty-five pounds towards the costs incurred before the passing of this Act by any persons in maintaining the rights of the commoners and others in and over Tooting Graveney Common by a suit in the Court of Chancery or otherwise ; provided that no estate, interest, or right of a profitable or beneficial nature in, over, or affecting the said common shall, except with the consent of the person entitled thereto, be taken away or injuriously affected by or under this Act, without compensation being made for the same, and such compen- sation shall, in case of difference, be ascertained in the same manner ,roo p on ir n Fhe Metioijolitan Boun/ ()/ W ur/cs rr. ^ i • n -11 1 38 & 39 Vict. I / r- • r. , a /ic-- (. hap. clxxix. oil L -J {\ or lous Powers) Act \b 10. "- -" .as if the same cora])erisation were for the comiJiilsory jtiirehase an/ lond to be tohrn — As to rompensotion — iJejIrieneies in land tax during works — Power to f/ie lioord to deriate — Alteratio?i of water, gas, and other pipes — Power to lag out carriagewags, etc. — Period for /•ontpulsorg purchase of lands limited to o aroffor construction of worhs to 7 years. Spent.!^ 23. The j)huis of the substituted roads and of the land to be I'lans de- appropriated for the i)urpose of the Clerkenvvell ►Sessions House, P'"'®'.';''^ ^° 1 ■ 1 /» • 1 • 4 -1 1 • 1 1 /^.i 1 r- 1 T» April to be deposited as aioresaid in Aj)ril last witli the Clerk 01 the leace part of de- fer tlie County of IMiddlesex, shall be kept with the other j)lans posited plans, deposited in November lust for the pnr])oses of this Act, and shall for the ])urposes of this Act, and for all other purposes, be deemed to form part of the deposited plans. 24. If within one month after the passing of this Act Frank Substitution Willan and Josepli Lucas grant to the 15oard, and the Board accept, j^j. pj^^t of on such terms and conditions as the parties agree on, the rerjuisite authorised sites for the two roads shown on the plans deposited in A])ril last, road near the Board shall construct on those sites two roads in lieu of and in j.^rk. " ^ substitution for so much of the road authorised by The Metropolitan Board of Works Act, 1874, as was proposed to be constructed betweeu the points marked A and B on the said deposited plans. 25. The Metropolitan Board of Works Act of ls74 shall have Effect of Act eftect as if the two roads by this Act authorised had been described substituted in that Act in lieu of that portion of the road therein described for roads, which those two roads are to be substituted, and as if in sub- section 3 of section *.» of that Act the lands of Frank Willan therein referred to had been the lands of Frank Willan ami Joseph Lucas resjjectively. 26. \_Amendment of 37 *fc 38 Vict. c. xcvii. s. 9 (7) as to payment of costs of certain pending proceedings. Spent.~\ 27. The Board may appropriate and grant, for and to the use of Grant for the Justices of the Peace for the county of Middlesex, such part of ^y"Xn? °^ tlie ]»ublic street adjoining the Sessions House, Clerkenwell, on tlie Hoiise, southern side thereof, aiul described on the plans de])osited in April clerkenwell. last as land to be transferred to the said Justices, as the Board think tit, and the same shall vest in the body or officer or person in whom the Sessions House is vested,* and shall go along with and be deemed part of tlie appurtenances of the Sessions House. 28 — 29. [^Power to sell to the Middlesex Justices so much as is ahown on the deposited plans of the land required bg 3.'} *k 30 Vict, c. clxiii. s. 12 to be thrown into the new street in Clerkenwell — Con- nection of the new street with Clerkenwell Green mentioned in s. \2 ofZ^ k 30 Vict. c. clxiii. to be -iO feet wide with a 3^) feet carriage- wag, and bg an easg curve commencijig and terminating in or near the pieces of land therein described as So. 80 and So. 81 respecticely. Spent.'] * Now the London County Council. See 51 Jt 52 Vict. c. 41, s. Gl. 512 The Societies of the Inner and ^liddle Temple em- powered to build upon a small portion of their land referred to in the Thames Embankment Act. 1862. [Chap, oo.] Metropolitan Board of Wo7'ks (Loans) Act 1876. [39 & 40 Vict.] 30. Xotvrithstanding the provisions of the 2>ith section of the Thames Embankment Act, 1862, it shall be lawful for the Honour- able Society of the Inner Temple to construct and maintain at the south-eastern extremity of the buildings proposed to be erected in extension of Harcourt Buildings a tower or turret, and also an orna- mental bay window from the ground uj)wards, and the eastern pier of an ornamental central arch, and for the Honourable Society of the Middle Temple to construct and maintain at the south-western extremity of the buildings to be erected in extension of Plowden Buildings a tower or turret, and also a similar bay window and the western pier of the said central arch, provided that the said towers or turrets respectively shall not project more than ten feet, and that the said bay windows and piers respectively shall not project more than live feet on to the lands referred to in the said 28th section, and that the said towers and turrets, bay windows, and piers shall be constructed according to a plan and elevation to be previously approved by the Board. 31 — 32. [_Po/rer to the Board to applij existing funds to the purposes of this Act and to horroic. Spent in part. Rernr. super- seded by the London Count}/ Council {fSloneij) Acts 1875 — 1904.] 33. \_Saviny the rights of the Croivn and of the Ihichg of Lancaster?^ 34. \_Eyipenses of obtaining Act. Spjent.'] 39 & 40 VICTORIA. A.D. 1876. Short title. Construction of Act. CHAPTER b^. An Act for further amending the Acts relating to the raising OF Money by the Metropolitan Board of Works ; and for OTHER Purposes relating thereto. [11// August 1876.] \_Preamble recites 38 & 39 Vict. c. 65 {in this Act referred to as '■the Act of 1875."] 1. This Act may be cited as the Metropolitan Board of Works (Loans) Act, 1876*! 2. This Act shall be read and have effect as one with the Metropolitan Board of Works (Loans) Acts, 1869 to 1871, and the Act of 1875. 3. \^Poicer to the Board to spend monies on or in contributing to general irnprocements till 31,5^ December 1877, Rep. 46 & 47 Vict, 'c. 39 (S.L.R.).'] 4. yExpensesfor Fire Brigade purposes till 31.s-/ December 1877. Rep. 46 & 47 Vict. c. 39 (S.L.R.). — Provision as to carrying from tim,e to time to the Consolidated L^oans Fund sucli sum as the Treasury approve as .sufficient to redeem the stock created for the purpose of this section in 30 years. Ldentical with such provision in 38 & 39 Vict. c. 65, s. 3.] 5 — 6. [Amendment of limit in ss. 3 and 9 of the Act ^/1875 on expenditure for Fire Brigade pvr])Oses., and on loans to vestries and district boards. Rep. 46 & 47 Vict. c. 39 (^S.L.R.).'] 7. [Power to the Board to lend to vestries and district boards till ^Ist December 1877. Rep. 46 & 47 Vict. c. 39 (S.L.R.).— Pro- vision for repayment within a time to be approved by the Treasury not Ton p -.A AT ■^ I he Divided Parishes and Poor m^,^ 01 n kiq r39&40ViCT.1 , A.I /I * ^u~(^ [Chap. 61.] 513 •- -• Law Amendment Act \^ I ii. •- -■ exceeding as to loans for widening streets or for bridges and purchase of lands (50 years^ and for other jmrposes 20 years ; and in the case of a loan for not exceeding thirty years requiring the Board from time to time to carry to the Consolidated Loans Fund such sums as the Treasury approve as sufficient to redeem the stock within the period, of the loan. Identical icith such provision in 38 & 30 Vict. c. G5, s. 4.] 8. \_Power to the Jioard to lend to guardians till 31 «< December 1877. Rep. 40 & 47 Vict, c 30 {S.L.R.). — Provision for repayment loithin a. time to be a}>})roved. by the Treasury not exceeding 30 years, and as to carrying to the Consolidated Loans Fund such sum as the Treasury approve as .sufficient to redeem the stock within the period for which the loan is made. Identical ivith such jjrovision in 38 & 39 Vict. c. 05, s. 5.] 9. [^Poiver to the Board to lend to corporations, burial boards, etc., till 'i\st December 1877. Jiep. 40 & 47 Vict. c. 30 {S.L.P.).— Pro- vision for repayment icithin a time to be approved by the Treasury, not exceeding as to loans for widenings of streets or bridges and purchase of lands GO years, and for other purposes 30 years, and in the ca.'ie of a loan for not exceeding 30 years requiring the Board from time to time to carry to the Con.solidated Loans Fund such sum as the Treasury approves as sufficient to redeem the stock within the period of loan, identical ivith suck provision in 38 & 39 Vict. c. 05, s. 0.] 10. \_r.xten,von of the amount ivhich the Board may lend to the Managers of the Metropolitan Asylum District. Pep. 40 & 47 Met. c. 39 (&/..X).] 11. {Alteration of limitation of borrowing poiver in 32 & 33 Vict., c. 102, s. 38. Rep. 01 & 02 Vict. c. 22 {S'.L.R.)?^ 12. All suras received by the Board in respect of interest, on or nepa3-ments principal of any loan made l)y them nnder this Act shall be <^'f^i'i"i^'tl ^oHdated ^^' to the Consolidated Loans Fund. Loans Fund. CHAPTER 01. An Act to vrovide for thp: better Arrangement of divided Parishes and other local Areas, and to make sundry Amendments in the Law relating to the Relief of the Poor in England. [\^th August 1870.] ■ ■•••• Metropolita n Provisions. 40. Whereas doubts have been entertained as to the extent of l^-^i'l'"i'i*''^n the i)0\vers given to the Poor Law Board by sections five and si.\ IropoUtan' of the ^Ietro])olitan Poor Act, 1807, it is hereby enacted and roor Act .as declared that those powers may be exercised by the Local Govern- t^' the power ment Board in order to the provision of asylums, workhouses, or [^^j^.^^'^^^jj. ^^i other buildings for the reception of any class or classes of the poor classes of chargeable in the metropolis. po^'r. 41. The powers conferred ujion the Poor Law l>oard by section Extension of fifty-nine of the Metro])olitan Poor Act, 1807, to determine or vary ^'■r^L";!;^^ 1 j'l Ti 1 11 n-> •• tieicrmininc; the contracts with any medical or other workhouse othcers existing or varying ' at the passing of that Act, may be exercised by the Local Govern- contracts ment Board for the ])ur])ose of improving the classification of all |J)^^°3i"\ict classes of paupers in addition to the purposes in the said section c. 0. s. 59. 33 514 [ Chap. 01.] The Divided Parishes and Poor Law Amendment Act 1876. [39 & 40 Vict.] Power of managers in respect of patients not paupers. The exemp- tion of the Inns of Court and the Charter House removed. specified, and with reference to the contract with, or the appointment of any officer appointed by a board of guardians irrespective of the date of the appointment or contract. 42. If the managers of a district constituted under the provisions of the Metropolitan Poor Acts shall have admitted any sick person into their asylum not being a pauper, but under circumstances of urgency, they shall have and may exercise the like jjowers over such person, and shall have the like remedies for the recovery of all reasonable charges incurred on behalf of any such person as are conferred by the Poor Law Acts upon guardians over paupers, and for the recovery of relief given or deemed to be given by way of loan to any such jjauper. But the said powers and remedies shall not be exercised or put in force by the managers until they shall have been authorised to do so by the Local Government Board, and shall be exercised subject to any restrictions which may be imposed from time to time by the Board. Provided also, that no sum shall be recoverable by managers under the provisions of this Act in respect of any expenses incurred by them other than those which shall be the subject of a separate charge in respect of an inmate to any union or parish in the district. 43. {^Repeal as from \st September 1876 of so much of s. 3 of the Extra-parorhial Places Act 1857 as procides that the Inner Temple^ the Middle Temple,* Grai/s Inn,] and the Cliarter House, London, shall not he added, to any union or other district for the purposes therein referred, to. Rep. 57 & 58 Vict. c. 56 {S.L.R.).'\ [Provided, that] no such Inn of Court shall be added to a union or parish so long as the benchers thereof shall make payments, as regards the Inner Temple and the Middle Temple to the Guardians of the Poor of the (Uty of Loudon Union, and as regards Grays Inn to the Guardians of the Poor of the Holborn Union, of such sum as shall be called for by such guardians respectively as a contribution in aid of the common fund of such unions upon a precept framed according to the form set forth in the schedule hereto annexed, or to the like effect, which sum, together with the costs of collection, shall, when the masters of the bench of any Inn think proper, be paid out of a rate in the nature of a poor rate to be made and levied by the overseer or overseers of the said Inn, as in the case of a poor rate made and levied in any other parish. Such contribution shall be based upon the annual rateable value of the said Inn as settled by the valuation list in force for the time being, ii any, or otherwise as settled by the Local Government Board for its contribution to the Metropolitan Poor Fund, and shall be calculated and issued in every respect as if the said Inn were a parish comprised in the said union, but so nevertheless that such contribution shall not include any sum, whether for principal or interest, in respect of rejjayment of moneys borrowed and charged on the poor rates of the parishes comjjrised in the said union or on the common fund thereof. - ' * See 62 & 63 Vict. c. 14, s. 22. t Gray's Inn is induded in the mctro}W)litan borou.uh uf Holboin by the J'.urough of Holborn Order in Council 1000 raadit under t'i2 & G.S Vict. c. 14, but the Borough of Ilolborn ((Iniy's Inn) Scheme lilOl made under that Act provides as follows : " 4, ]s'othing in the Act or this Scheme shall affect the amount of the payment which would otherwise have been payable by the Benchers under section forty-three of the Divided Parishes and Poor Law Amendment Act 1876, or any composition, contribution, or exemption conferred by or payable under that section." [39 k 40 Vict.] ^^^^^^, j,,,^,,,,/,,^^,,,, ^^^.^ 1^^^^ : [Chap, bli] 51o Provided . . . , that the contrihntioii of tlie respective unions towiirds such Metropolitan Poor Fund shall he calculated upon the annual rateal)Ie value of such unions increased hy the annual rateal)le value of the Inn or Inns contrihutinjjj thereto as aforesaid, and the provisions of the Metropolitan Poor Act, 1867, applicable to any such Inn of Court, shall ceuse to operate so- lonj,' as the contributions herein described are paid in resj)ect of such Inn : Provided also, that . . . the registrar of the Charter House shall cease to be the overseer of the parish of the Charter House, and tJie JuHticeK of the. Pence hiv'nui jxrixdictton. in flw place n/iall fortlnrifk appoint an ocersee?- to art for the mid pariah until the time of the next annual appointment of oterseera ; and thenceforth ai)point- ments shall be made as in the case of other parishes, and every such overseer shall have nil the ])owers and j)rivileges, and shall be subject to all the duties which by law attach to such au officer. \_\Vord)i in square brackefa and. words o/nitted {^^ also,'' and '''■from and after the said \st day of September nexV) rep. 57 & 58 Vict, c. bQ (S.L.h'.). Words in italics spent.'] 44. The words herein contained shall be construed as in the Poor Intcrpreta- Law Amendment Act, is:}4, and in the Acts amending or extending ^^''^ ^^*"^^- the same, and the ])rovisions contained therein and not repealed shall so far as they shall be consistent herewith, be extended to this Act. • • • « • . 45. This Act may be cited and described for all ])urposes as •'' The Divided Parishes aud Poor Law Amendment Act, 1870." SCHEDULE. Precept for a Contribution from an Inn of Court. To the benchers of You are hereby rc([uired to pay to of , the treasurer of the guardians of the poor of the union, on behalf of such guardians, on the day of the sum of pounds shillings and pence, as the contribution of the above-named Lin of Court in aid of the common fund of the said '.union, such amount having been duly calculated according to the provisions of the Divided Parishes Poor Law Amendment Act, 1876, and to take the receipt of the said treasurer indorsed upon this paper for the said sum of Given under our hands at a meeting of the guardians of the poor of the said union held on the day of (Signed) A'.)'., Presiding Chairman. ir.A. J J y '[Guardians. Countersignature of the Clerk to the Guardians. Indorsement. Received this day of 18 of the within- named benchers the sum of on l)clialf y}( the with in-named guardians. Treasurer of the Union. [The parts of the Act omitted are not special to London.] lion of tcrmfe. 516 [CHAP.lxxi..] "r.titrplr.tlflfTr* [3"40V:CT.] CHAPTER LXXIX. An Act for enabling the Metropolitan Board of Works to MAKE A NEW StREET FROM SuN StREET TO WORSHIP StREET ; to undertake certain duties in connexion with the Chelsea Embankment ; and for other Purposes. \21th June 1876.] [^Preamble recites (inter alia) that the Great Eastern Bailway Company have in the construction of the Metropolitan Extension stopped up and appropriated Sun Street or tlie greater part thereof, and that it is expedient tvith a view of remedi/ing the public incon- xeniences which have arisen by such interference tvith Sun Street that another thoroughfare should be provided by the construction of a new street from Sun Street to Worship Street and recites 35 & 36 Vict, c. clxiii. s. 49, and 31 & 32 Vict. c. cxxxv. s. 27.] Short title. 1. This Act may be cited as " The Metropolitan Board of Works (Various Powers) Act, 1876." 2. {Incorporation of Lands Clauses Acts and part of the Rail- ways Clauses Consolidation Act 1845. Spent^ interpreta- ^ 3. In this Act the following words and expressions have the several meanings hereby assigned to them, unless there be some- thing in the subject or context repugnant to such construction ; (that is to say,) • • ■ • . • • The word " streets " shall include streets, courts, alleys, highways, roadways, thoroughfares, or public passages or places ; The term "improvement" means the new street and works con- nected therewith by this Act authorised ; The expression " the Board " means the Metropolitan Board of Works.* [Part omitted {definitions of'''' Justice,''' " t?vo Justices" " lessee,'' and *' the Railway " in the Raihvays Clauses Consolidation Act 1845 incorporated, and as to meanings of words in Acts incorporated') spent7\ Power to 4. The Board may construct a new street in the parish of St. ri^L^f "^^^ Leonard, Shoreditch, in the county of Middlesex,! commencing at Sun Street and terminating at the Curtain Road, near Worship Street. 5 — 12. \Street and other toorks authorised to be made according to pjlans deposited ivith the Clerk of the Peace for Middlesex — Powers to the Hoard to purchase and extinguish easements ; to stop up ways during works; to raise or loicer streets; to deviate ; to make sub- sidiary works ; to stop up, alter, etc., or ajjpropriate the streets shown on the deposited pla/ns ; to alter icater, gas, and other p)ipes ; and to lay out carriageways, etc. Spent.'] 13. {As to laying of pavements, and vesting the same when laid in and an to the maintenance thereof by the Vestry of the parish of St. Leonard, Shoreditch.X'] 14. {Power to the Board, to fill up sewers and drains on pro- viding sub.Htitutes, winch, are to be under the same management as existing setvers and drains.] * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). f Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). X Now ttie Council of the Metropolitan Borough of Shoreditch. See 62 & 63 Vict, c. 14, s. 4. street. r39&40VicT. , ' ) t' , /' /: 4- I /lu-/- 1 Chap. cc. ol7 *- -^ Lmpj'ovemcnt ocnemetonjii'mation Actio io. ^ ^ 15. [Power to the Board to alter steps, areas, pipes, etc. Spent.~\ 16. [Ground laid into streets to form part thereof and to be under the vt((na(ji'iiH'nt of the Vestrij of St. Leonard, Shoreditch*^^ 17 — 21. [A'/70/".s and omissions in {dans — Power to the Hoard to sell materials and to sarreij lands to be taken — As to compensation — Dejiciencies in land tax during works. Spent. '\ 22 — 32. [Power to the Board to grant building leases of surplus lands — As to sale of ground I'ents a ltd recersions thereof — Power to sell such lands without leasinq — Surplus lands to be sold, unthin li) gears — Receipts of the Board to be effectual discharges — Period, for compulsorg purchase of lands limited to 5 and for construction of loorks to 7 gears — Great Eastern Rail wag Compang to give notice of intention to take hou.'< Jntjirnrement Act 1875 for the imjiroreinent (f two anliealthj areati situated re»pertirely in Limehouse and Whitcchapel. The Order rocitca that the number of persons of the vwrking clans that ivill be displaced bi/ the Scheme is estimated at 3,GG9, and provides that the laml coloured red and fjreen on the plan marked A A referred to therein shall constitute the improrement area, and prorides for the clearing of the improvement area and for the erection thereon of ttcenti/-four blocks ofdwellinr/s to accommodate 3,870 j^ersons nflhr irorki/i;/ class. The Order also requires the widening of Cartwright Street to .30 feet and its extension southwards into Ujiper East Smithfield, and the widening of Glasshouse Street to 30 feet from Rmjal Mint Street to Sir Henri/ Peek's premises, and tlm farmation of a new roadway 2^^) feet wide in continuance of Blue Anchor Yard. Sjient.] "... , . '^ , '. 40 & 41 VICTORIA. A.D. 1877. Metropolitan Board of Works may acquire and hold open spaces for benefit of public. 18 & 1>;ol, 14& 15 Vict, moil within tho nK.'iuniig of " The '^•,,"*^".,(, y. on," uiid '" The M('tr<>|iolitan <^'(»iuinoiis e' i'_>-2. Duchy of Laricastor, or any garden, ornamental ground, or orna- mental land for the time being under the management of the Commissioners . . . of . . . W'oi'ks . . . or of the Commissioners tor the time being acting iindrr or to any raetntpolitan eommo Mctrojinlltan C'ommons Act, InO Amendment. Act, Isd'J," nor to any land bcdongiui; to either of •<- *^j!-! Vict, the honourable Societies of the Inner Temple and Mi., and C. to the . . . Metropolis Iroooiis""*^ Management Act, 1855. [^Word {^' said'') omitted rep. 57 & 58 Vict. C. m {S.L.R.).'] In the city 7. The powers in this Act conferred on the Metrojwlitan Board of Lon-ion of Works * shall in the city of London be exercised by the "layor, ^l*^* P^'^^'j^'^^J aldermen, and commons of the said city, who shall defray all the executed by expenses caused by or connected with the execution of such powers. theCorpora- 8. This Act may be cited as the Metropolitan Open Spaces Act, '*^°' lo-^ "^ ^ ^ ^ ' Sliort title. CHAPTER 52. An Act for furtheh amending the Acts relating to the RAISING OF Money by the Metropolitan Board of Works ; AND FOR other PURPOSES EELATING THERETO. [14M August 1877.] {Preamble recites 38 & 39 Vict. c. G5, and 39 & 40 Vict. c. 55 {in this Act referred to respectively as " the Act of 1875," and " the Act ^1870."] • ^ 1. This Act may be cited as the " Metropolitan Board of Works Short title. (Money) Act, 1877," and the Act of 1^75, the Act of 187r), and this construction Act may be cited together as the "Metropolitan Board of Works of Act. (Money) Acts, 1875 to 1877." 2. This Act shall be read and have effect as one with the Metro- ^^ j^^ "^ ^'''*- politan Board of Works (Loans) Acts, 1869 to 1871, and the Act 33 ,^t;4 Yi^t of 1875 and the Act of 1870. c 24. 3—6. {Amendment of limit in ss. 4, 7, 8, and 9 of the Act of^*^-'^'^ ^'''''• 18 70 on exjH'nditare for Fire Brigade purposes, and on loans to vestries, district boards, guardians, and corporations, burial boards, and other public bodies. Rep. 46 & 47 Vict. c. 39 {S.L.P.)^ 7. [Power for the Board to spend moneys on or in contributing to general imp/ooements till 31 s^ December 1878. Pep. 4(') A: 47 1 /ct. 'c. 39 (S.L.P.).'] 8. [As to expenses for Fire Brigade purposes till 31. s7 J)ecembcr 1878. Rep. 40 & 47"F/c'^ c. 39 {S.L.R.). Provision as to carrying from time to time, to the Consolidated Loans Fund, such sum as the Treasury approre as s?(/ficie?it to redeem the .stork created for the purjmses of this section in 3U years. Identical with such provision in 38 & 39 I let. c. 03, s. 3.] 9—10. [_A.s to expenses for the purposes of j}^ & 41 17^/. rc^ ccxxxv., viii., and cc\.; and 35 & 30 Virf. c. elxiii. R. 40 i^ 47 Vict. c. 39 (S.L.R.).] * Now the Loudon County Council. See 51 A: 52 Vict. c. 41, s. 40 (8). .,,„ rrt — 1 The Metropolitan Board of Works r^n r ^i -ir t o20 [Chap. viii.J ^ i-tl%'~l [40,...; . ..■ ,. -. , 12. The Board may, out of any money raised or authorised to be raised by them under any Act, and not required for the purposes of that Act, contribute any sum not exceeding four thousand two hundred and fifty pounds to and towards the providing by the District Board of the recreation ground before referred to, but thereupon the District Board shall be bound at all times to main- tain the said ground as a place of recreation, and in a good state of repair, to the satisfaction in all respects of the Board, subject to the herein-before recited covenants and conditions in the said grant contained. " '-'^ ■ '=, 13. The District feoard may, with the consent of the Board under their common seal, erect and maintain on any jiart of the recreation ground one or more lodges for the residence of the keeper or keepers thereof, and also refreshment and retiring rooms and urinals, and such other accommodation as may be necessary for the convenience of the public frequenting the said ground, and may from time to time demise such rooms for any term not exceeding three years upon such terms and conditions as may be approved by the Board. [_See also 56 & 57 Vict. c. Ixxi. s. 25.] 14. The District Board may from time to time defray all costs and expenses which have been or may be incurred by them in acquiring, laying out, [)lanting, maintaining, and improving the said recreation ground, and in carrying into execution the [jowers of this Act, so far as they relate to the District Board, out of and by means of the general rate which they have now power to levy within their district, and for the purposes aforesaid the District Board may also exercise the jjowers of borrowing money, and of mortgaging, charging, and applying the general rate, and otherwise, contained tAfx P A^ ^r T The Metropolitan Board of Woi'ks ^c^„,r. ,.;;; n --;oq [40 & 41 Vict.] ^ Act l'^"'^ [CnAP. mu.J o^.j in " The Metropolis Management Act, 1855," or in any Act or Acts amending the said Act of 1855. \_Se,e also 62 & 03 Vict.e. 14, h. 10.] 15. The District Board may, subject to the j)r(ivisions of this Act, District from time to time make byelaws for all or any of tin' ^''''^^^''»cC .n'.'jk'ifb^e- pnriwses ; (namely,) _ laws as to For protection of the said recreation gronnd, and of the railings recreation and fences thereof, and of the lamp-posts and other tilings ground- thereon : For protection of any trees, shruhs, plants, flowers, grass-walks, seats, and other things thereon : For the prevention of j)Osting of bills or placards, and the writing, stamping, cutting, printing, drawing, or making in any manner of any word or cliai-acter, or ol" any representation of any object, on any wall, railing, fence, tree, lamp-post, pavement, or seat, or elsewhere in the said recreation ground : For preservation of order and good conduct amongst persons fre([uenting the said recreation ground : Generally for prevention or restraint of acts or things tending to the injury or disfigurement of the recreation ground or anything in the same, or to interference with the use thereof by the public for the purpose of exercise and recreation. 16. The provisions of the Metropolis Management Act, 1855, as Extendinp^ to byelaws made by a district board, shall extend and a])i)Iy to the ^J^su^.i/^''"" byelaws to be made by the District Board under this Act, and for byelaws. this purpose section 202 of the said Act of 1855 shall extend and apply to such last-mentioned byelaws. 17. \_Kxpertses of obtaining Act. SpentJ] The SCHEDULE to which the foregoing Act refers. Title or short title of Act. , Session and Chapter. The Fiiisburv Park Act, 1857 20 &; 21 Vic. cap. cl. The Thames'Embankment (South Side) Act, iso;^ . . 2fi & 27 Vic. cap. Ixxv.' The Southwark I'ark Act, 18(54 27 Vic. cap. iv. The Hampstead Heath Act, 1S71 :J4 & 35 Vic. cap. Ixxvii. 'J'he Metropolitan Commons Supplemental Act, 1H71 (relat- . ing to Bhickheath) 34 i: 3;") Vic. cap. hi i. The Metropolitan Commons Second Supplemental Act, 1S71 (relating to Shepherd's Bush Common) . . . . 34 & 35 Vic. cap. Ixiii. The Metropolitan Commons Supplemental Act, 1S72 (relat- , ing to H.acknev Common) 35 &; 36 Vic. cap. xliii. Tlie Thames Embankment (Korth) Act, 1872 . . . 35 & :5(; Vic. cap. Ixvi. The Thames Embankment (.South) .\ct, 1873 . . . 3t) Vic. cap. viL The Metropolitan Commons Supplemental Act, 1873 (relat- i ing to Tooting Beck Common) ! 36 & 37 Vic. cap. Ixxxvi The Leicester Square Act, 1874 The Metropolitan Board of Works, Various Powers, Act, 1875 (relating to Tooting Graveney Common) . The Metropolitan Board of Works. Various Bowers, Act, ) 1876 (relating to the Thames Embankment, Chelsea) . 39 & 40 Vic. cap. Ixxix 37 Vic. cap. x. 38 & 39 Vic. cap. clxxix. * Semble intended for the Thames Embankment Act, 1863 (26 & 27 Vict. c. 75). 524 [Chap, xcix.] The Metropolis Toll Bridges Act 1877. [40 & 41 Vict.] Short title. Interpreta- tion of terms. As to con- sideration in case of tbe company in Tart II. of schedule. CHAPTEll XCIX. An Act to provide for throwing open for the free use of the Public certain Toll Bridges within the Metropolis. \\2th Jul;/ 1877.] \Preamble.~\ 1. This Act may be cited as " The Metropolis Toll Bridges Act, 1877." 2. In the constrnction of this Act the following terms shall have tlie meanings herein -after assigned them : " The Board " shall mean the Metropolitan Board of Works.* The term " bridge " shall include any of the bridges mentioned in the first column of the schedule to this Act annexed, and all buildings and works in, under, upon, or forming part of the same. The term " company " used in relation to any bridge shall mean the company, body, or persons sjiecified in the second column of Part I. or Part II. of the schedule to this Act annexed, opposite to the name of such bridge. The term "special Act"' with respect to a company shall mean and include any and every Act of Parliament relating to the bridge of such company, or any matter connected therewith or incident thereto. The term " undertaking " shall mean, — With respect to any company specified in Part I. of the schedule to this Act annexed, the bridge of such company and the approach roads to and toll-houses on or near the same, and all lands and works necessarily occupied or used for the purposes of the same, and all the estate, right, title, and interest of such company in or to the same, and all rights, powers, and autho- rities and privileges of such company in relation thereto, under their special Act or otherwise ; and With respect to the company specified in Part II. of the schedule to this Act annexed, all rights of way or passage over the bridge of such company, and all powers, authorities, and privileges enjoyed or exerciseable by such company with re- sj^ect to such rights of way or i)assage, and all rights, powers, authorities, and privileges enjoyed or exerciseable by such company with respect to tolls and charges arising from or in connexion with such rights of way or passage over such bridge, and all the estate, right, title, and interest of such company in or to such rights of way or passage, tolls, and charges, under their special Act or otherwise. 3 — 4. [Board to execute Act — Power to act hg a committee. Superseded hy the Municipal Corporations Act 1882, s. 22 {see Appendix), and 51 & 52 Vict. c. 41, ss. 75 and 82.] 5 — 7. [Power to the Boai^d to p)urchxise Companies undertakings and provisions as to purchase. Spent.~\ 8. The amount of the consideration, when agreed upon or ascer- tained in manner aforesaid in respect of all or any of the under- takings of the company specified in Part II. of the schedule to this Act annexed, . . . shall be j^aid or payable to such company upon the conditions following, in this Act referred to as " the conditions of purchase ; " (that is to say,) * Now the London County Council. See 51 & 52 Vict, c. 41, s. 40 (8). [40 & 41 Vict.] The Metropolis Toll Bridges Act 1877. [Chap, xcix.] 525 Stihjoct to tlie provisions of this Act, such coini)any shall maintain and k(M'j) their brid^^c; iu substantial repair, suitable and open to the ])ublic at all times lor every deserij)tion of foot traffic, which con- ditions such comjianv shall and thev are hereby reiiuired to fnllil. In case any ditlerence shall arise between such company and the Board as to whether or not, snch company, after ])ayment of any snch consideration in one sum . . . , shall IVoiii time to time have fulMlled all the conditions of ])urcha8e, such dilference shall be decided by an arbiti-ator to be ai)pointed l)y the Board of Trade on the application of such company or of the Board, whose decision as to such dilference and as to the payment of the costs incurred in the proceedings before him shall be final and binding upon such company and the Board. . . . \_l*art)i omit fed (as to o/)fio)i to the Board, loldch was not exercised, to jxifi consideration hi/ ivaij of an annual rentrha>-(/e) spent.'] 9 — 14. [^Provisions as to ])atjment of consideration. >Sj/ent.] 15. When the receipt for the amount of the consideration . . . Transfer of agreed u})on or so ascertained as aforesaid to be i)aid for the "°^*'^'''*'''"^- j)urchase of the undertaking of any com])any has been signed in manner directed by this Act, then such undertakini,' shall, by virtue thereof and of this Act, be transferred to and vested in the Board, and they shall be entitled to immediate ])Ossession, and they shall have absolute control of such undertaking freed and discharged from all leases, contracts, debts, charges, and liabilities whatsoever of the company affecting the same, and thereupon all duties, obliga- tions, and liabilities of the company in respect of the same shall, save as by tliis Act expressly ])rovided, absolutely cease and determine. \_l\i/-t omitted (as to first pajjment of rentcharge) spent.] 16. After the Board has acquired absolute control of any under- Effect of taking, the tolls and charges arising from or in connexion with the ^•'^'i^^^''' bridge or bridges comprised in such undertaking shall cease to be levied thereon and the said bridge or bridges shall be open free to the i)ublic, and the said bridge or bridges if specified in Part I. of the schedule to this Act annexed, and the roads over the same, shall be maintained and rei)aired by the Board, and the said bridges shall not be or become county bridges,* but the approach roads thereto shall be j)ublic highways maintainable ancl repairable as other highways in the parish or district in which the same shall be situate respectively. Provided always, that the bridges specified in the several divisions herein-after mentioned shall be open free to the public at one and the same time ; tluit is to say, 1st division, Waterloo Bridge, and the footbridge at C'haring Cross and also the footbridge at I'annon (Street, unless the same be then closed antl discontinued in accord- ance with the provisions of this Act ; 2nd division, Lambeth Bridge, Vauxhall Bridge, Chelsea Bridge, Albert Bridge, and Battersea Bridge ; 3rd division, Wandsworth Bridge, Pnlham (otherwise Putney) P)ritlge, antl Hammersmith Briilge. 17 — 21. [^Pending proceedings not to abate — Companies to continue liable for their debts — As to propertg of Companies not part of their undertakings — Compensation to Companies' o//icers. Spent.] 22. [Power to the Board to sell surplus lands and. as to applica- tion of moftegs arising .therefrom. Spent. See also 53 iV; .")4 Vict, c. 41, .S-. 25.] * Amended 58 & 59 Vict. c. cxxvii, s. 46. 526 [Chap, xcix.] The Mttropolis Toll Bridges Act 1877. [40 & 41 Vict.] Special pro- 23. Whereas under the provisions of a local and personal Act Deptford* *° passed in the first year of the reign of Her present Majesty, that is Creek Bridge, to say, the Act first Victoria, chapter one hundred and twenty (in 7 w. 4. and this Act referred to as " the Act of 1837 "), the London and Greenwich 1 Vict. c. cxx. Eailway Company * are required to pay by way of compensation, recompense, or allowance to the Deptford Creek Bridge Company in every year the difference (if any) between the moneys received in such year by the said Deptford Creek Bridge Company by way of rent for the tolls taken in respect of such bridge and a sum of two thousand three hundred and twenty-five pounds : And whereas it is expedient that from and after the transfer to the Board of the undertaking of the Deptford Creek Bridge Company, provision should be made for the payment to the Board of so much on account of such compensation, recompense, or allowance as shall be just, and as but for the passing of this Act would continue to be paid to the Deptford Creek Bridge Company by the London and Greenwich Railway Company * : Therefore, Li estimating the consideration to be paid for the undertaking of the Deptford Creek Bridge Company, such consideration shall be estimated upon the basis that the Deptford Creek Bridge Company is entitled to receive not only the actual tolls of such bridge, but also annually and in perpetuity from the London and Greenwich Eailway (Jompany,* their lessees and assigns, the diff"erence between such tolls and the sum of two thousand three hundred and twenty- five pounds, and the net annual value of the tolls and revenue of the said company shall be ascertained separately in manner by this Act prescribed, and due regard shall be had to the liability of the London and Greenwich Railway Company,* their lessees and assigns, under section nine of the Act of 1837, to the payments therein prescribed in respect of such tolls and revenue and to the possible determination thereof, and the amount of the net annual value of such tolls as specifically ascertained is herein-after in this section referred to as " the net annual value of the tolls of Deptford Creek Bridge." The London and Greenwich Railway Company,* their lessees and assigns, shall, from and after the transfer of the Deptford Creek Bridge to the Board, from time to time pay to the Board the difference between the sum of two thousand three hundred and twenty-five pounds mentioned in the said ninth section of the Act of 1837 and the net annual value of the tolls of Deptford Creek Bridge, at the times and in the manner provided by the said ninth section for the payments to be made thereunder to the Deptford Creek Bridge Company, and as if the amounts so from time to time payable had by the Act of 1837 been specifically mentioned and been made payable to the Board instead of to the Deptford Creek Bridge Company : Provided always, that the Board and the London and Greenwich Railway Company,* and their lessees and assigns, may at any time contract and agree for the payment by the London and Greenwich Railway Company,* their lessees or assigns, of a capital sum in lieu of the before-mentioned annual payments. 7W. 4. and The properties by the tenth section of the Act of 1837 charged 1 Tict. c. cxx. ^s\\\\ the payment to the Deptford Creek Bridge C/ompany of com- pensation, recompense, or allowance shall continue to be charged * This Company's undertaking was leased to the Houth-eastern Railway Company by the London and Greenwich Railway Company's Act 1845. [4U & 41 Vict.] The Metropolis Toll Bndgea Act 1877. [CriAP. xcix.] 527 witli the paymoiit of tho monoys by this Act made ])ayahle to the Board on account of such coiupensation, recompense, or allowance by the London and (Greenwich Uaihvay Company,* in like manner in every respect as if the same had by the said Act l)een made payable to the I^oard instead of to the l)e])tf()rd (!reek 15rid<(e Company, and all tlie ])o\vers and remedies l)y the said tenth section provided for • the recovery by the said Deptfoi-d Creek Bridge Com})any of com])ensation, recompense, or allowance which mi«?ht from time to time become due and be uni)iii(l l)y the said London and Grecnwi(;h Kaihvay Comj)any * sluill enure to tin- benefit of and may be exennsed by the Board in like manner in every respect as if the Jioard were in the said section substituted for the.Deptford Creek Bridge Company. • ••••• [Part omittt'd(as to therh/ht of the South-eastern Railwa)/ Compart}/ to he heard in proceedings relating to consideration to be paid under this Act) spent. \ 24. [^Greenwich District Hoard of Works to control Dcptford draichridgc. Superseded 49 & 50 Vict. c. cxii. s. 39.J 25. \_l)issolution of companies. Spent.'] 26. [Power to the Board to borrow .£l,50O,O0iJ. Spent 7\ 27. {.Tiistices of the Peace of Middlesex and Surreg to contribute toicards maintenance of bridges. Superseded bg readjustment under 51 & 52 Vict. c. 41, s. 4U (7). See ibid. s. 90.] 28. {^Expenses of executing Act, Superseded 51 & 52 Vict. c. 41, part iv.] 29. All suras which from time to time the Board may require for Moneys the purpose of carrying to the Consolidated Loans Fund such sums required as may be approved by the Treasury as necessary to be so carried in anTdiScr respect of moneys borrowed under the authority of this Act, and all boards to be sums which from time to time the Board may Vecpiire to defray any ^'"sed as a such expenses as aforesaid and which any vestryt or district board't ^®°^'"*' '^^• may by precept be required to pay to the Board in pursuance of the provisions of this Act, shall in such precept be termed " bridge exi)enses,"]: and shall be paid by such vestry f and district board t respectively, and shall be raised in like manner as if the same were Required by the said vestryt or district boardt for defraying such of the expenses of such vestryt or district boardt as are chargeable ui)on their general rate. 30. The South-eastern Railway Company may from time to time As to the two close such part or })arts of the Charing (!ross Railway J>ridge as may f«>otbri(lgesof for the time being be apj)ropriated for the purposes' of foot traHic, e'Jst«m^'^' and discontinue the use thereof for such purposes upon substituting iL-uiway in lieu thereof such other adequate and proper accommodation for Company, the said foot trnilic as may be agreed upon between the Board and the Company, or failing such agreement as may be settled by arbitration, and tiiereu])on all rights of way or j)assage over such })art or parts so closed as aforesaid shall absolutely cease and determine, and the provisions of tliis Act in rclaliiui thereto shall ap]ily to the accommodation so substituted in lieu thereof as aforesaid * This Company's undertaking was leased to tlie South-eastern llailway Company by the London and Greenwich Railway Company's Act 1845. t Now the Mctrojiolitan liorouj^li Council. See 62 I's: WW Vict. c. 14, s. 4. X Now raised as part of tho general county rate. See 51 & 52 Vict. c. 41, s. 3. 528 [Chap, xcix.] The Metropolis Toll Bridges Act 1877. [40 & 41 Vict.] Saving rights of London Gaslight Company, in every respect as if such substituted accommodation had originally been the bridge of such company as defined by this Act. • • • • • • \Part omitted (as to the right of the South-eastern Railway Company to close the Canyion Street footbridge) spent.^ 31. Nothing in this Act contained shall prejudice, affect, or alter any right, privilege, or power vested in or enjoyed or exerciseable by the London Gaslight Company* in respect of any main or pipe laid under, over, or along any bridge or the approaches thereto. 32. \_Sacing the rights of the Thames Conseruancy^ 33. [Expenses of obtaining Act. Spent.'] The SCHEDULE to which this Act refers. Paet I. First Column. Second Column. fl. Hammersmith Suspension Bridge J2. Fulham (otherwise Putney) Bridge 3. Wandsworth Bridge . J4. Battersea Bridge \ 5. Albert Bridge / * * ' §6. Vauxhall Bridge 7. Lambeth Bridge 8. Waterloo Bridge ||9. Deptford Creek Bridge 10. Chelsea Suspension Bridge Hammersmith Bridge Company. Fulham Bridge Company. Wandsworth Bridge Company. Albert Bridge Company. Vauxhall Bridge Company. Lambeth Bridge Company. Waterloo Bridge Company. Deptford Creek Bridge Company. The Commissioners of Her Majesty's Works and Public Buildings. Paet II. 111. Footbridge at Charing Cross Railway^ Station, as set apart for the use of foot passengei-s on the 1st day of January 1877. **12. Footbridge at Cannon Street Rail- way Station, as set apart for the use of foot passengers on the 1st day of January 1877. South-eastern Piailway Company. * Amalgamated with the Graslight & Coke Company by an Order in Council made in 188.3 under 31 & 32 Vict. c. cxxv. ss. 18—24. f See 44 & 45 Vict. c. cxcii. s. 50. j New bridges in lieu of these were built under powers obtained by 44 & 45 Vict. c. cxcii. § The old bridge was altered under powers obtained by 44 & 45 Vict. c. cxcii., and powers to rebuild the bridge were obtained by 58 k. 59 Vict. c. cxxix. II This bridge was reconstructed in 1881. See 44 & 45 Vict. c. cxcii. ^ The original bridge, which was built and carried on as a toll bridge undertaking under 6 & 7 Wm. 4, c. cxxxiii., 6 Vict. c. xix., 8 i: 9 Vict. c. Ixii., 12 & 13 Vict. c. li. and 14 & 15 Vict. c. cxliv. by the Hungerford and Lambeth Suspension Footbridge Company (by 8 & 9 Vict. c. Ixii. called the " Charing Cross Bridge Company "), was, with the Bridge Company's undertaking, acquired by the Charing Cross Railway Company, who removed the original bridge and provided this footbridge in place thereof. See the Charing Cross Railway Act 1859, and the Hungerford Market and Charing Cross Bridge Act 1860. See also 49 &; 50 Vict. c. cxii. ss. 7 and 22. The Charing Cross Railway Company was amalgamated with the South-eastern Rail- way Company by the Charing Cross Railway Company's Act 18G3 (20 & 27 Vict. c. cxv.) ** In consequence of this footbridge having been closed by the Railway Company, no transfer thereof was effected under this Act. Metropolis ( Gouhton Street, Flower [40 & 41 Vict.] and Dean Street, W/iitechapel, etc.) [Chap, ciii.] r^^g improvement I'roviaional Orders f'niifiniHifhii Art 1877. (!IlAi'TKI{ cm. An Act TO coNFiuM (natTAis PitovisioxAL OitoKits of on-k of Hkr Ma.iksty's PiuNcii'Ai, Skckrtaiuks of Statk F0I{ TIIK ImI'IIoVK- MKNT OF certain ArKAS WITHIN TIIK M KTROl'OLIS. [VZt/f .hi I;/ 1877.] [/'/7V/////>/r,] 1. Tlic ( >r(lcrs set out in llic sclicilulc liciv iinlii unnexecl are Provisional II r 1 Orders in hereby f(.Mlirn.c(l. scho.l-.le 2. This Act may be cited as the Metropolis (Gonlst.on Street, fjn'ir'ned. Klowef :iii(l Dean Street, Wliiteeh;i])el, etc.) I iiiproveiiieiit l*ro- Shoit title, visional Orders Conlirmatioii Act, 1877. SCHEnULE. Miiritoi'oi.is (Gon.sTON R'litEiCT an'd Fi.owkk .\nii Di.an Stukkt, Willi i';nI!fan Hoard of Worl'x, under tlw. Art/r:uiis and Luhonrcm DiriU'nKfs Iir/irorenie/d Act \>^7[), for the iwprorement (f two iinhralth;/ arrant iritliin the ]\'h/li'chuj)(l distrlcf. Tlir Order recitea that the minthcr of jwrsona of the ■iror/iiiaj clafss displaced Ixj the Scheme is estimated at 3,2-17, a/id that, in addition, there are in the Flower and Dean Street area registered lodf/ing-honnes containing \2'.) rooni!^, irifh accommodation for Ibl ocnijtanlH. Tlie Order proridex for clearing the imjirorcmeid areas, and for the erection tln-reon of dnrllinga to accommmhite 3,2(50 persons of ike working class, and requires the widening (f Middlesex Street to AO feet from \Vhitechapel High Street to Went worth Street; Goiilston Street to 40 feet; New doidston Street to ;H) feel ; Wenlworth Street to AQ feet from Middlesex Street to Old Castle Street ; WtntiiyirtJi Street to 40 feet from Commercial Street to George Yard; George Street to HO feet ; Flower and Dean Street to HO feet from the rear of houses in Commercial Street to George Street ; and Upper Keate Street and Keate Court to HO feet. Spent.] Metropolis (Saint CrKoKCiK tiik Mautyu, Sihtiiw.vrk,) Improvement \_Prorisi(mal Order oHtan Board of Works, under the Artiz(tns a)id Labourers Dwellimfs lmpri>rement Act 187;'),./'"/" the improrement of an unhealthy area parti;/ loithin the parish if St. .Uarlin-in-the-Fields a)id parti g tcithin the Strand district. The Order recites that the number ofjnrsons disjjlaccd by the Scheme is estimated at 797. The Order prorides for clearing the improvement area, and for the erection thereon of direllings to accommodate 817 j)ersons (f the working class, and requires the widening of Bedfordbury to HO feet ; Chamlos Street to 46 feet between No. Gil and Bedfordbury ; and for a neto street, HO feet wide, to be formed from Bedfordbury to Bedford Cmrl. Sjient.] 34 The Metropolis {Great Wild Street, o30 [Chap, cxxxiii.] etc.) Improvement Frovisional [40 & 41 Vict.] Orders Conjirmation Act 1877. CHAPTER CXXXIII. *An Act to confipvM certain Provisional Orders of one of Her Majesty's Principal Secretaries of State for the lMPRt)VEMENT OF CERTAIN UNHEALTHY ArEAS WITHIN THE Metropolis. [23^/ ./?/(/ 1877.] Provisionni {_Preamhle^, Orders in \^ The Orders set out in the scliednle hereunto annexed are SSi. ''"eby confirmed. Short title. 2. This Aft may be cited as The Metropolis (Great Wild Street, etc.) Improvement Provisional Orders Confirmation Act, 1877. SCHEDULE. Metropolis (Great Wild Street, St. Giles-in-the-Fields,) Improvement. \ProvWioiml OrdpT of the Home Secretnry of llth May 1877 confirming a Scheme ^»T^)rtr«Z by the Metropolitan Board of Works under the Artizans and Labourers DicelUjigs Improvcmeid Act 187.5 for the iinproveine)it of an unhealthy area in the parinh. of St. Giles-iti-the-Fiehls. The Order recites that the number of persons of the working class dis2)laced hy the Scheme is estimated at 1,598, arid that in addition there are 5 registered lodging-houses., containing 44 rooms, irith accommodation for 241 pej'.w??.^. The Order provides for clearing the imjirore- nient area and for the erection thereon of dweUings to accommodate \fil[) persons of the ioorking chrss, and requires the widening of Princes Street to AO feet between Drury Lane and Great Wild Street, and of the eastern end of Great Wild Street to 40 f'et. Spent.] Metropolis (Pear Tree Court, Clerkenwell,) Improvement. \_rrovisional Order of the Home Secretary of 11th May 1877 confirming a Scheme ptrepared by the MetropoHta)i Board of Worlcs iinder the Artizans and Labourers Dwellings hnprovement Act 1875 for the iu,provement y/c/^s for clearing the imjirorement area, and the erecfio?i thereon of diri'Uinys to accommodate 454 persons of the worl'ing class, and also requires the icideniitg of the north-west end of Clerkenwell Close to 67 feet, the formation of a new street, No. 1, 30 feet wide from Clerkc/rwell Close to Robert's Court, and of a new street, No. 2, 'i() feet wide from Clerkenwell Close in a south-ivesterly direction towards Coppnce Row. Spent.~\ Metropolis (Whitecross Street, St. Luke,) Improvement. [^Provisional Order (f the Home Secretary of 11 th May 1877 confirming a Scheme prepared by the Metropolitan Board of Works under the Artizans and Labourers Dv:elUngs Inqn-ovement Act 1875 for the i/uproreu/ent of certain unhealthy areas in the parish, of St. Lake, Middlesex.^ The Order recites that the number of pe7'sons of the working class to be displaced by the Scheme is estimated at ?>,^)'i\. The Order provides for clearing the improvement areas and fur the erection thereon of dwellings to accommodate 'd,^^^ jiersons of the working class. The Order also requires the widening of {No. 1) Coleman Street, on the south side to 4:0 feet, and its e.vtension, (f the same width, into Whitecross Street ; the formation of a new street. No. 2, 40 feet wide, in continuation of No. 1, from Whitecross Street to Golden Lane ; a new street, No. 3, 30 feet tvide, in continuatio7i of Banner Street, from Whitecross Street to Reform Place, and 20 feet wide theuce to Hartshorn Court ; a nem stveet. No. 4, 30 feet wide, to connect No8. 2 a)ul 3 in the line (f Little Cheapside ; a neio street, N^o. 5, 40 feet wide, from Bnnhill Rou} to Whitecross Street in the line of Tujisfers Alley ; a new street, No. 6, 30 feet wide, from the wide part (f LamVs Buildings to W hitecross Street, in the line if Blue Anchov Alley ; a -new street, N^o. 7, 3l) feet wide, in continua- tion of Chequer Alley to Whitecross Street ; a new street. No. 8, 30 feet ivide, con- necting No. 7 loith Coleman Street ; and a new street. No. 9, 30 feet wide, connect- ing street No. 7 toith street No. 5, in line of Graham Buildings ; the vndening * This Act was amended by 41^ & 44 Vict. c. cxxxi. t Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). r^n ji 17 n MfJroijolitaii (^ominons Supplemental rn • -i roi [40 & 41 Vict.] ^ zleM.s77 [Chap. cci.J 031 o/" ]l7u7^n'0ss Street to 40 /(»^'< f<« ///^ cant xide from Bullock Alley to Foster's hiuldiiujii, (Did of (Jhe//ufr Allri/ to ]Hferf, or thcnrdionfs, for the leiifjth (f (Jeorge's Court. Sjxiil.^ MKTKorni.is (IIicii Stukkt, 1.s],in(;t()N,) I.Mritovi:.\ii:xT. [Proviaiounl Order of tin; Home Hecretunj (f Ylth May 1877 confirrninfi a Scheme prejjured by the Metropiditan Hoard of Worki^ under the Artizans and Liiltourem DireWnKj^ I iiiin-onineHt A!h of Battersea and irithin the manor of Battersea and Wandsworth, and secondly the remaining portions ff Clapham Common situate in the parish of Clapham and loithin the manor of Clapham, subject to all such rights ef common, commonable rights, rights of v:ay andicater, as any jierson or persons {other than the vendors or any 2)ersons claiming under them, except the lessees or tenants under the before-mentioned lease) might have in the said hereditaments, and also subject as regards the hereditaments secondly described to the before-mentioned lease thereof {e.rcept a smcdl jiortion thereof situate at the hack of the Rookery and used as a lay- stall), and to a lease of a piece of land used as a hrystcdl dated the \st June 18G4* and made between the said Henry Atlins Bowyer deceased rf the one part and the Wandsworth Board of Works of the other part ; and the preamble further recites certainother agreements and lastly two agreement.^ ef the 1st June 1876 between the said parties, substituting the .'^esxions q/1875, 187G, or \^11 for the sessions of 1S74: or 1875 in the firstly recited agreements, and further recites the deposit of a plan of the Common icith the Inclosure Commis>iioners.\'] 1. From and after the completion of tbe said surrender and the said purchase, the Commons or waste lands delineated in the said plan (in this Scheme re- ferred to as " the Common ") shall be and are hereby dedicated to and for the use and recreation of the public as an open and uninclosed space for ever, and shall for the purposes of this Scheme be regulated and managed by the Board ; provided that if the said surrender and the said purchase be not completed within three years from the date of the confirmation of this Scheme by Parliament, this Scheme shall be void. 2. {Power to appoint and regulate officers. Superseded by the ^funiripal Cor- pr>rations Act 1882, ss. 19 ami 20 {see Appcjidi.r), atul 51 & 52 Vict. c. 41, s. 75. See also 18 & 19 Vict. c. 120, s. 202.] 3. The Board may drain, plant, ornament, and improve the Common as may be necessary, and, for the purpose of preserving the turf and grass, may inclose by fences for short periods such portions as may require rest to revive the same. No house or any other building shall be erected on the Common, except such lodges or other buildings as may be necessary for the maintenance or manage- ment of the said Common. The Board may from time to time erect on the Common such lodges and other buildings as may be necessary for the maintenance or management of the said Common. [See also 50 & 51 Vict. c. cvi. s. 50, and 58 & 69 Vict. c. cxxvii. s. 45.] 4. The Board shall maintain the Common, as delineated in the plan deposited with the Inclosure Commissioners,! free of all encroachment, and shall permit no trespass on or partial or other inclosure thereof ; and no fences, posts, rails, or other matters or things shall be maintained, fixed, or erected thereon without the consent in writing of the Board. * As to land used as a laystall. See 2 Edw. 7, c. clxxiii. s. 80. t Now the Boan1 of AGTioiiltine. See the Board of Agriculture Act 1889, s. 2. [■40 & 41 Vict. I ^l''' '■"/'"'''"" ' 'o^^^^^ns Supplemeutal .^^^^^ ^^.. 533 ^ -■ Art 18/ i. '- -^ 5 — 7. [^-l^ It) hijfldifH a/itl /iciKilties. Siiju'nitly for the |)urposes of this Scheme, or any of them, any snb.scriptions or donations applicable thereto respectively that may come to their hands. 10. [/''.r/ic list's (if ohtdiii/ii;/ a ml cxecittintj Scheme. Spent in jiar/. Rcntr. siijicrardctl 51 & b'2 \'/rt. c. i\, /iitrl iv.] 11. Except for tho.se persons who now by law are entitled to do so, and whose riL,dits shall not be ac(|iiired by the Hoard niider the .said af^reements, or shall not be purchased or acipiired by the IJoard under this Sclieme, it .shall not be lawful to turn out on the Common for grazing any cattle, sheep, or other animal. I'J. No proceeding touching the conviction of any oll'ender under this Scheme, nor any order or other matter or thing whatsoever made, done, or transacted in or relating to the execution of this Scheme, shall be vacated, quashed, or set aside for want vt form. l."{. Saving always to all persons ;ind bodies politic and corporate, and their respective heirs, successors, executors, and administrators, all such estates, interests, or right of a profitable or beneficial nature in, over, or affecting the Common, or any part thereof, as they or any of them had before the confirmation of this Scheme by Act of Parliament, or could or miglit have enjoyed if this Scheme had not been confirmed by Act of Parliament, except only so far as any such estates, interests, or rights are or shall be ac(juired by the Board under the agreements herein-before recited, or either of them, or shall be acquired by the lioard by consent or by purchase, whether by agreement or compulsorily. 14. The copyhold tenants of the manor of Battersea and certain freehold tenants of the manor of Clapham claim rights of common of pasture over the Common. The claimants consent to the Scheme. 15. This Scheme affects the several estates, interests, and rights in, over, and upon the Common, and not included in tlie said agreements, by conferring on the Board power to purchase the same, or any of them, with the view to their absolute extinction. 1(>. Printed copies of this Scheme shall at all times be sold at the ofHce of the Board, to all persons desiring to buy the same, at a price not exceeding 2v. ikl. each. THIRD SCHEDULE. }retrnpnHt(iH Commons Acts^ 180() (iiid 18((9. SniKME WITH ItKSl'IX'T TO BoST.M.L HkATII.* 1. Bo.stall Heath, herein-after called "the Heath," in the county of Kent,t as the same is delineated in a plan deposited with the Inch)sure Commissioners I for England and Wales, shall henceforth, for all the i)urposes of this Scheme, be regulated and managed by the Metropolitan Board of Works, heroin-after termed "the Board." 2. [^Toirer to dji/inhit and rcfjulate officers. Siijierscded l>ji tin- .Miniieijuil Corjxirtitioiis Act 1882, .sy. I'.hind 20 (see Aj)jiendix),und ijl tfc 52 Vict. c. 41. .s. 75. See also 18 ^: l'.» I'irt. c. 120, .s. 202.] 8. The Board may execute any works of drainage and improvement of the Heath so far only as may be re(iuircd for the purposes of the Metropolitan Commons Acts, and shall preserve the turf and grass, and for this purpose may inclose by fences for short periods such portions as may require rest to revive the same, and shall also |)reserve the trees and so much of the gorse as they may deem desirable, and may plant or otherwise beautify the Heath, but shall do nothing that sliall otherwise vary or alter the natural features or aspect of the Heath. 4. The Board shall maintain the Heath, as delineated in the plan deposited with the Inclosure Commissiouers,f free of all encroachment, and shall permit * See also 50 & 51 Vict. c. cvi. s, 30. t Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). I Now the Board of Agriculture. See the Board of Agriculture Act 1889, s. 2, r^oA n '., , n The Mctrouolitaii Stfcet Improve- r ,(. o ,^ -\t -, o34 [UiAP. ccxxxv.] JcntsActmi. [40&41Vict.J no trespass on or partial or oilier iiielusure of any part thereof, and no fences, posts, rails, or other matters or things shall be maintained, fixed, or erected tbereon without the consent in writing of the Board. 5 — 7. [.4s to byelaws ntid jjemdties. Superceded 4(J Vict. c. viii. .s.s. 3, 4, a/id 10 ; 53 & 54 Vict. c. ccxliii. ss. 14 — 21 ; and Ijl & G2 Vict. e. ccxxi. s. Gl.] 8. Except for the owner or owners for tbe time being of the soil, it shall not be lawful, without the consent in writing of the Board, to form, build, or lay any sewer, drain, pipe, waterway, or other matter cf like nature in, into, or under any part or parts of the Heath. 9. Except for those persons who now Ijy law are entitled to do so, it shall not be lawful to turn out on the Heath for grazing any cattle, sheep, or other animal. 10. The Board may have power to apply at any time for an amended Scheme or for a new Scheme. 11. Nothing herein contained shall be construed as placing any of the public roads or highways on or across the Heath under the care of the Board, or shall prevent the Board of Works for the Plumstead district,* by their officers and servants, taking such portions of the Heath as they may now by law be entitled to take for the purpose of widening the .said roads or highways to the width they may now be compelled by law to make ; but it shall not be lawful for the said Board or any other person or persons to make or form any new roads over and across the Heath without the consent in writing of the Board. 12. \_Expenses of ohtaiuing and executinij Scheme. S^jent in part. lienir, superceded 51 & 52 Vict. c. 41, part iv.] 1.^. The Board shall be at liberty to receive and apply for the purposes of this Scheme, or any of them, any subscriptions or donations applicable thereto respectively that may come to their hands. 14. No proceeding touching the conviction of any offender under this Scheme, nor any order or other matter or thing whatsoever made, done, or transacted in or relating to the execution of this Scheme, shall be vacated, quashed, or set aside for want of form. 15. Saving always to all persons and bodies politic and corporate, and their respective heirs, successors, executors, and administrators, all such estates, interests, or rights of a profitable or beneficial nature in, over, or affecting the Heath, or any part thereof, as they or any of them had before the confirmation of this Scheme by Act of Parliament, or could or might have enjoyed if this Scheme had not been confirmed by Act of Parliament. 16. [/l-s to compensation to Qncen'a College, Oxford, as lords of the manor of Plutnstead. Speid.'] 17. The lords of the manor of Plumstead claim the soil and freehold of the Heath and the minerals under the same. The freehold tenants of the manor claim certain rights of common of pasture and of cutting turf, furze, gorse, and fern over and upon the Heath. 18. Printed copies of this Scheme shall at all times l)e sold at the office of the Board, to all persons desiring to buy the same, at a price not exceeding G(/. each. CHAPTER CCXXXV. An Act for enabling the Metropolitan Board of Works TO MAKE certain NeW StREETS AND StREET IMPROVEMENTS WITHIN THE Metropolis. \l-^th August 1877.] [^Preamble.'] Short title 1. This Act may be cited as " The Metropolitau Street Improve- ments Act, 1877." 2. [^Incorporation of Lands Clauses Acts. Spent.'] Interpreta- 3. In tiiis Act the foHowing words and expressions liave the tion of terms, several meanings hereby assigned to them, nnless there be some- * Now the Council of the Metropolitan Borough of Woolwich. See 62 & 63 Vict, c. 14, s. 4. I in I' A-i -KT -\ If"' M('fio/)<>l(tan Street Iininave- r/i t cok 40 & 41 ViCT.l ' , , , ,^,-- ' rCnAi'. ccxxxv. 53o ^ -• mods. Ai-t \hi I. L -^ thiii^ ill the subjcci (»r context n'pu«j^naiit to sncli construction; (tliiit is to say,) • • • • • The word *' Ktreets " iiicliides streets, courts, alleys, lii^^liways, loiidwuys, tlioron<(lifiires, oi- jmhlic ])assages or |)hu;es ; The term " improvements " means the new streets and street im])rovemted from the j>rovisions of tliis section In the Metropolitan Street Improvements Act, iss;< (Hi Vict. c. .\xiii.), which is now spent. \ Now the county of London. See 51 & 52 Vict. c. 41, s. 10 (2). ,-o^ rn -I T/tc Metropolitan Street I mprore- r^n f ^i ir -\ 036 [Chap, ccxxxv.] ^entsActmi. ^ [40 & 41 Vict.] Tlie wideniug' of Tic-libonic iStreet on its south-west side in the parish of ISt, James, Westminster. The widening of Great Windmill fStreet on its west side from Angel Court to the intersection of Tiehhorne Street and Piccadilly, and also at or near its soutli-eastern corner and junction with Coventry Street, all in the parish of St. James, AVestminster. A new street (No. 6) commencing in Trafalgar Square at its south-east corner in the parish of St. Martiu-in-the-Fields, to be formed partly by widening the roadway on the eastern side of the square, by widening St. Martin's Place, thence by a short length of new street commencing at Hemmings Row, and terminating at Castle Street, thence by widening Castle Street partly on the east and partly on the west side, thence by a new street from the north end of Castle Street, crossing Prince's Row, Lichfield Street, Grafton Street, and Moor Street to the south end of Crown Street, thence by widenino^ Crown Street on the east and partly on the west sides, and terminating at Tottenham Court Road, at or near its junction with Oxford Street in the parishes of St. Anne, Soho, St. Giles-in-the-Fields, and St. Marylebone, or one of them. The intended street will pass through the parishes of St. Martin-in-the-Fields, St. Anne, Soho, St. Giles-in-the-Fields, and St. Marylebone, or some of them, in the county of Middlesex.* Gkay's Inn Road Improvement. The widening of Gray's Inn Road on its east side, all in the parishes of St. Andrew, Holborn, and St. Pancras, or one of them, commencing in Higli Holborn in the ])arish of St. Andrew, Holborn, and terminating opposite Henry Street in the parishes of St. Andrew, Holborn, and St. Pancras, or one of them. \_Aiitended 45 & 40 Vict. c. ccxxi. s. 2.] Kentish Town Road Lmprovement. Tlie widening of Kentish Town Road on the east side from a l)oint about tifty yards to the south of Clarence Road to its junction with Monto Video Place. The widening of Monte Video Place on the west side from Col- lumpton Place to Alpha Place, and on the east side from Reed's Place to Rochester ]ioad, and the Kentish Town Road on the east side from Rochester Road to Bartholomew Road, all in the parish of St. Pancras, in the county of Middlesex.* Islington Improvement. The widening of Goswell Road on the south-west side thereof from or near the house No. 353 in that road to the junction of Goswell Road with St. John Street Road. Also the widening of St. John Street Road from or near the house No. 196 in that road to the junction of that road with Goswell Road, all in the parishes of St. James, Clerkenwell, and St. Mary, Islington, or one of them, in the county of Middlesex.* * Now the county of London. See 51 and 52 Vict. c. 4], s. 10 (2). r.,. 1. ,1 1- I /'I' Mctronolttan Street hniirote- r^. . ...... n -.q- r40&41 Vict. ^ , , ,10--- IChat. ccxxxv. I o^i Hackney Imi'Uovkmknt, The widciiiiii;- ol" !\I:u'e Street, lltickiicy, on its west side iVoiu its junction with Anihnrst Koiul E;ist, otherwise Aiiiimrst. Road, to a point uliout 811 yards to the nnrtli opjjo.site the ehnrch- yard, all in the parish ol" ISt. Joim, Hackney, in the county of Miihllesex.* TooLKY Sthkkt ImI'KOVKMKNT. The widening of Tooh'y Street, jiailly nn the suuth-west and }>artly on the north-east sides, from J>erniondsey Street, in the parish of St. .Jolm, Horsleydown, to (^ueen Eli/.altetii's Grammar School, and in continuation the widenin<^ of Free- school Street and Thornton Street on their south-west sides and Dockhead j)artly on its soutli and jiartly on its north side to a point opposite the lioman ( 'atliolic Convent, in tlie ])arisli of l>ermoiidsey. Also the wideiiini; of Hicknuin's Folly and Farkei's Row at and near the junction of those thoi'ou;L;hi"ai'es and London Street on its south side, from Jlickman's Folly to a point about 70 yards to the east thereof, both in the })arish of F)crmondsey. The widening of l\Iill Street on the south-east side; iVom Dockhead to a j)oint about 70 yards to the north-east thereof, all in the ])arish of Bermondsey. The said improvement will be situate in the parishes of St. Olave, Southwark, St. John, Horsley- down, and I^)ermondsey, or some or one of thenj, in the county of Surrey.* SOUTHWAKK BkIUGE RoAD AND GrBAT DoVEK StREET Communication. A new street commencing in the Southwark Bridge Rciad, near its junction witli Peter Street, in the pai-ishes of St. Saviour and St. (Jeorge-the-Martyr, Southwark, or one of them, and continued thence across Queen Street and Duke Street to liedcross Street, and further extended by the widening of ]\Iint Street, jiartly on its north-east and j)artly on its south- west sides, and terminating in Blackman Street at its juncticn with Mint Street, in the ])arish of St. George-the- JMartyr, Strnthwark, all in the jiarishes of St. Saviour and of St. George-the-^lartyr, Southwark, in the county of Surrey.* Jamaica Road and Union Road Imtuovkment. The widening of Jamaii-a Road, on the nortli side, between New Church Street and Trinces Jtoad. Also Princes Road at its junction with Jamaica Road. The further widening of Jamaica Road on the south side from Major Road to »famaica Level, and on its nortli side from Cherrv Garden Street to a iioint about "J" vards to the west thereof. The widening of Jamaica Level on its west side iVom Jamaii-a Road to a j)oint about 4U yards to the south thereof. All tlie aliove inipi'uvements will be situate in the parish of Bermondsey in the I'ountv of Surrev.* The widening of Union I{oad on its north side from Paradise Street to Deptford Lower Road, in the parish of Rotherhithe, in the county of Surrey.* * Now the county of London, yee .j1 A: 52 Vict. c. II. s. 10 (2). KQQ rr'r,.,. ,^ 1 The Met ro/joUtaii Street rm/iroce- r^A p '/'<)/• sale of surplus lands limited to \i) ijears froia f/ic compli'tion of the improrj'im-iits. Si/jfcrsedcd 47 k 48 Vict. c. Oij, .s. 'S.\.] 30. The recei})t of the Board for an\ purchase moneys, rents, or Rereiptsof profits, or other money j)ayable to the Board by virtue of this Act, ^.}^^^,![y.\7 '^^ shall be a sufficient and eil'eetual tlischargc! for the money in such discharges, receipt ex])ressed t)r acknowledged to be received, and the person to whom the same shall be given shall not afterwards be answerable or accountable for the misa])plic.ation or non-application of tlie money in sucii receijjt expressed or acknowledged to be received. 31 — 33. \_l'eriods for conijiulsori/ purchase of lands limited, to 7 and for execution of works to 10 years — Rehousing persons of the labouring class* SjtentJ] 34. [^Sacing the rights of the Commissioners of Worhs.^ 35. I'^aring the rights of the Croicn.'] 36 — 37. {^l^otvei- to the Board to applg existing Jands to the purposes of this Act — Expenses of obtaining Act. Spent.'] 8cuKDULE. \_Particulars as to labouring class persons displaced who are estimated to number 10,121). Spent.] 41 & 42 VICTORIA. A.D. 1878. CHAPTER 20. An Act kou conkkuuini; Foweks ui'ON thk I\lETiioroLiTAN Boako OF Works with kkstkct to the Obklii , / i / iq~q [41 & 42 Vict-I •- -^ Acts Ameiid/ne lit Act ioiC). ^ -J Penalties for 4. Any persoM wlio injures or disfigures the ol)e]isk, or any ^"j"y^!5 monument erected or to be erected ou any of the said embankments monuments, or lands, or who posts any bill or placard, or who writes, cuts, prints, draws, or marks in any manner any word or character, or any representation of any object, on the obelisk or such monument, shall for every such offence forfeit and pay to the Board a penalty not exceeding five ])ounds, to be recovered in the manner provided IS .^ lit vkt. by the Metro])olis Management Act, 1855, and the Acts amending c. 120. ^]^^3 game, with respect to the recovery of penalties by summary proceedings. [_See 18 & ID Vict. c. 120,^5. 227.] 5. \_Expenses of executing Act. Sxpo-seded 51 & 52 Vict.c.A\, jmrt iv.] CHAPTEll 32. * An Act to amend the MprrROPOLis Management Act, 1855, THE MpyfROrOLlTAN BuiLDING ACT, 1855, AND THE ACTS AMENDING THE SAME KESrECTIVELY. [22('/ JldtJ 1878.] \_Preamble {recititu:/ 18 & 19 Vict. cc. 120 and 122) rep. 67 & 58 Vict. c. 5G (.S'.L.it!.).i Preliminary. Short title. \^ xhis Act may be cited for all purposes as the Metropolis Management and Building Acts Amendment Act, 1878. Ls^t'FM'W^ ^* '^'^'^^ "^^^ shall extend and apply to the metropolis as defined Q. 12U. by the Metropolis Management Act, 1855. Division of 3. This Act shall consist of three parts. Act into three parts. PART I. 4. \J)efinitions of " roadway ^^ " centre of the roadway,"" and '■'' prescribed distance.''^ Rep. 57 & 58 Vict. c. ccxiii. s. 215.] ^Metropolis 5^ The Metropolis Management Act, 1855, and the Acts amending ActTamTtin^s ^^^^ same, and this i)art of this Act shall be construed together as part of Act to one Act : Provided always, that nothing in this Act shall be held be con.striied to limit or restrict the powers now vested in the Commissioners of 18 &"i'/vict Sewers of the city of London, or in any body or person elsewhere c. 120. within the metropolis, by an Act passed in the session of Parliament held in the fifty-seventh year of the reign of King George the Third, 57 G. 8. intituled '' An Act for better paving, improving, and regulating the c. XXIX. streets of the Metropolis and removing and preventing nuisauces and obstructions therein." \_See the Citi/ of London Sewers Act 1897.] 6 — -10. \_Promsions as to formation of streets. Hep. 57 & 58 Vict. c. ccxiii. s. 215. See ibid. ss. 6 — 21.] rower to I 11. Whenever it a])pears to the Board that any house or other rartah/ca'^es P^^^e of public resort within the metropolis which was at the time to require of the passing of this Act authorised to be kept open for the public proprietors of performance of stage plays, and which is kept open for such theatres and purpose, Under the "authoritv of letters patent from Her Majesty, (ertain music } ', . , " , p i- i. j i hallsinu.se her lieirs and successors or predecessors, or or a license granted by at the time of the Loi'd Chamberlain of Her Majesty's Household for the time this'Jv^tuf °^ being, or by Justices of the Peace, $ or that any house, room, or other reniedy * The poweis and duties of the Metropolitan Hoard of Works under this Act were structural transferred to the London County Council by 51 & 52 Vict. c. 41, s. 40 (8). defects. t f^ee also 45 Vict. c. hi. s. 45. X Now the London County C'ouncil. See 51 & 52 Vict. c. 41, s. 7. r41&42ViCT.] 1/1 / / 1 / ife-v [Chap. 32.1 ij41 ])liic(' of public resort witliiii tlie motropolis, contsiininc: a snporfioial urea i'or the uceoiumodiition of tlie piiMic of not less tlmii five liiUHlred S(|nare feet, which was at the time of the passinj^ of this Act authorised to he kept oi)eii, and which is kept (ij)en, for dancing, music, or other public entertnintncnt of the like kind, under the iiuthoritv of a license arty, who shall liear 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 )tro])er, or refuse to confirm the same, and the decision of such arbitrator with respect to the re(|uiremonts 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 })aid, shall be final and conclusive and binding upon all ])arties. In case of an a])peal against any such notice, compliance with the re([uirements of the same may be post])oned 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 eft'ect as and from such day. 12. Tlie Board may from time to time make, alter, vary, andi'owcrto amend such regulations as they may think expedient with respect Ii,akeVl*^-iila- to the requirements for the protection from fire of houses or other tions wifh ])laces of public resort within the metropolis to be kept oi)en for the respect to public j)erformance of stage plays, and of houses, rooms, or other J^'|JJJ'^J,*®^'j l)laces of })ublic resort within the metropolis containing a superficial mw music area for the accommodation of the puitlie of not less than five ii:»iis for pr.v hundred S(piare feet, to be ke})t o])en for ])ublic dancing, music, or ^'''^'"'" ^'"''" other public entertainment of the like kind, under the authority of letters patent from Her Majesty, . . . 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 i)assing of this Act ; and may by such regulations prescribe the requirements as to position and structure ♦ Now the London County Council. See 51 & 52 Vict. c. 41, s. 7. res ain fire. ^.„ rr^ o.i -1 Metropolis Manaqement and Buildivq r^i o ^o-tr -, 542 [C HAP. 32.] ^^^^ Amendment Act J 878. ^ ^41 & 42 \ ict.] of snch houses, rooms, or places of j)nblic resort wliich may, in the opinion of the Board, be necessary for the protection of all persons who may frequent the same against dang-ers from fires which may arise therein or in the neighhonrliood thereof; ])rovided tliat the Board may from time to time in any special case dis])ense with or modify such regulations, or may annex thereto conditions if they think it necessary or expedient so to do. The Board sliall, after tlie making, altering, varying, or amending of any such regulations, cause the same to be printed, witli the date thereof, and a printed copy thereof shall be kei)t at the office of the Board, and all persons may at all reasonable times insjiect such coj)y withont payment, and the Board sliall cause to be delivered a printed copy, authenticated by their seal, of all regulations for the time being in force to every person ajiplying for the same, on payment by such person of any sum not exceeding five shillings for every such copy. A printed co])y of such regulations, dated and autlienticated by the seal of the Board, shall be conclusive evidence of the existence and of the dne making of the same in all i)roceedings 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 aforesaid, 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 was 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 f;ir as the same are applicable to such house or other })lace, and to the conditions (if any) annexed thereto by the Board. In case any such house, room, or place of pul)lic resort is oi)ened or kept open by any person for any of the i)urposes aforesaid, contrary to the provisions of this enactment, such ])erson shall be liable to a penalty not exceeding fifty pounds for every day on which such house or i)lace of public resort is so kept open as aforesaid. \^\Vords omitted i^'- her heirs or successors ") rep. 57 & 58 Vict. c. 56 {S.L.Il.).-\ Provisional 13. A person interested in any premises about to be constructed, license for ^ qj. jj^ e()urse of construction, which are designed to be licensed and used within the metro])olis for the jmblic performance of stage ])lays, or for ])ul)lic dancing, music, or other jmblic entertainment of the like kii.d, may a,])])ly to the licensing authority for the grant of a provisional license in respect of such ])remises. The grant of such provisional license shall, in respect of the discretion of the licensing authority and ])rocedure, be subject to the same conditions as those ajjplicablo 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 l)cen confirmed by the licensing authority ; but the licensing authority shall confirm the same on the ])rodnction l)y the applicant of a certificate ])y the Board that the construction of the i)remises has been com])leted in accordance with the regula- tions and conditions made by the Board as herein-before provided, and on being satisfied that no objection can be made to the character of the holder of such i)rovisional license. [41 & 42 VfCT.] '^f''^'-''f/-^ ^f'nn,r,Pmn^f andHuihlim, . . PART II. 14—20. l/'rovisfom as to the construction of hxildinqs. Jitp. 57 ct 58 Vict.c.w.\'\\\. .s. 215.] TAirr ill. 21. The iircliitoct of the IJoard, and .any other i)erson unthorised I'-^wer for hy tlie Hoard in writinii: nndei- their seal, may, at all reasonable p^rrsonT*^ ""' times al'icr comijletion oi' (lnrin<:; constrn(;tiou, enter and inspect iiutlioriscd any honse, room, or othei- place kejjt open or intended to he ke])t |^>' ^'""'■'\ open for the })nl)lic performance of sta^'e ])lays, or for ])nbli(- .!,\"rv,'.vor"to dancing, music, or other pn])lic entertainment ol" the like kind enter'aiKl aifected by any of the provisions of this Act, or of any regnlations in^P^ct imide in ])ursuance thereof; . . . and if any person refnses to admit n^.^^ffnil'ill,^ snch architect, ])erson, ... or to atlbrd him ;ill leasonable assistance huiidinfrs, in sncli inspection, in every snch case the person so refusing,' shall '""^ works, incnr for each oifencc a penalty not exceeding twenty i)onnds. \_Parts omitted {power of entni for the district surveyor) rep. 57 & 58 Vict. c. ccxiii. x. 21.").] 22. For the purpose of comj)lying with the requirements of any Powor to notice or order served or made under the ])rovisi()ns of this Act on °o enn"!r'^*^' any owner, builder, or jjcrson in respect of any house, Imilding, or hoiuscs, etc. other erection, room, or place, such owner, l)nilder, or person, his to comply servants, workmen, and agents, may, after giving seven days notice )),! o'rde^r.'^^^ in writing to the occupier of such house, building, or other erection, room, or ])lace, and on i»roduction of snch notice or order, enter such house, building, or other erection, room, or place, and do all snch works, matters, and things therein or thereto, or in connexion there- with, as may be necessary ; and if any ])erson refuses to admit such owner, builder, or i)crson, or his servants or workmen or agents, or to atford them all reasonable assistance, such ])erson shall incnr for each offence a penalty not exceeding twenty pounds. {JRep.hl & 58 Vict. c. Q.Q,yA\\., so far as relating to any notice or order served or made under any provision thereby repealed.'] 23. Every jienalty imposed by Part I. and Part III. of this Act Hecoveryof may be recovered by summary proceedings before any .Justice in l'^"=''"*^-"'- like manner and subject to the like right of ai)peal as'if the same were a penalty recoverable by summary proceedings under the Metropolis Management Act, LS55, and the Acts amending the i^ •*;■■ !'•• ^'''•»- same . . , : Provided always, that in any ])roceedings against any ^" ^'^' ])(>rson l"or more than one penalty in res])ect of one or more brcai-ii or breaches of any provision of this Act or of any byelaw made in l)ursuance of this Act, it shall be lawful to include in one summons all such ])('nalties, and the charge for such snmmous shall not exceed two shillings. [_Part omitted {as to penalties under Part II. of this Act) rep. 57 & 58 Vict. c. ccxiii. s. 215. See also 18 & 10 Vict. c. 120, ss. 227, 231, and 232.] 24. Her Majesty's royal palaces, and all buildings, works, Mud J;.f,^,^'J,';;"* ground excepted IVom the operation of the ]\letropolis MMuagement ,n!poUs' Act, Ibi;')."), and the Acts amcmling the same, or of any of the said Management Acts, shall be excejjted from the operation of the provisions of -^'^♦j?:'^'*"'^*''^^ this Act which are to be construed with such Acts, and jill*"^"" ^^" exemptions from the })rovisions of any of the said Acts shall extend '^'^; li> Vict, to such of the provisions o\' this Act as arc to be construed as ^" """ albresaid with such Acts. .,, rn o- n Metropolitan Board of Works r^i i .«oTr n 044 [Chap. 3 . .] ^^^ . ^^^.^ ^^L^^^ [41 k 42 Vict.] ) Act not to apply to the Inner and Middle Temple, etc. 25. \_Exemptions from the Metropolitan Building Acts extended to this Act. Rep. oT & 58 Vict. c. ccxiii. s. 215.] 26. Nothino; in this Act, . . . shall apply to the Inner Temple, the Middle Temple, Lincoln's Inn, Gray's Inn, Staple Inn, Fnr- nival's Inn, or the close of the collegiate chnrch of" Saint Peter, Westminster. [_\Vords omitted ^^ or in any bi/elaw of the Board thereunder ") rep. 57 & 58 Vict. c. ccxiii. s. 215.] 27. \_Saving the lights of the Croicn and of the iJuchg of Lancaster.'] Short title. Construction of Act. 32 & 33 Vict, c. 102. 33 & 34 Vict. 0. 24. 34 & 35 Vict, c. 47. 38 & 3oard of Works (Money) Acts, 1875 to 1877, and this Act may be cited together as the Metropolitan Board of Works (Money) Acts, 1875 to 1878. 2. This Act shall be read and have effect as one with the Metropolitan Board of Works (Loans) Acts, 18G0 to 1871, and the Metropolitan Board of Works (Money) Acts, 1875 to 1877. 3. [Amendment of s. 13 of AO k 41 Vict. c. 52. Rep. AQ k ^1 Vict. c. 39 {S.L.R.)?^ 4. \Poiver to the Board to expend under 18 & 19 Vict. c. 120, s. 144, and 25 & 26 Vict. c. 1()2, .s-. 22. Rep. 46 & 47 Vict. c. 39 (-S'.Z./^.).] 5. \_As to expenses for Fire Briqade purposes till 31. s? December 1879. Rep. 46 k 47 'Vict. c. 39 (S.L.R.). Provision as to carrging from time to time to the Consolidated Loans Fund such sum as the Treasury approve as sufficiejit to redeem the stock created for the purposes of this section in "^0 years. Identical nnth such provision in 38 & 39 1 ^ict. c. 'i.Sh., s. 3.] 6 — 9. {Expenses for the purposes of 40 & 41 Vict. c. ccxxxv\, 35 k 36 Vict. c. clxiii., 36 & 37 Vfct. c. Ixxxvi., 38 k 39 Vict, c. clxxix., and 41 & 42 Vict. c. cxlv. Rep. 46 k 47 Vict. c. 39 {S.L.R.).'\ 10. \_Pomer to the Board to lend, to vestries and district boards till 'Mst December 1879. Rep. 46 & 47 Vict. c. 39 (S.L.R.).— Provision for repayment tcithin a tim£ to be approved by the Treasury not exceeding.^ as to loans for tvidening streets or bridges and purchase of land, 60 years, and for other pmrposes 30 years ; and, in the case of a loan for not exceeding 30 years requiring the Board from time to time to carry to the (Consolidated. Loans Fund such sums as the Treasury appjrove as being sufficient to redeem the stock created for the purposes of this section tvithin the period of the loan. Identical with such provision in 38 k 39 Vict. c. 65, s. 4.] 11. \Powe)- to the Board to lend to guardians till 31,$f December 1879. Rep. 46 k 47 Vict. c. 39 (S.L.R.). — I'rovisionfor repayment within a time to be approved by the Treasury not exceeding 30 years, and as to carrying to the Consolidated Loans Fund such sum as the [41 & 42 Vict.] Metropolitan Commons Act 1^1%. [Chap. 71. J 545 Treasure/ apprnrp. as snfflcicnt to redeem the Htock created for the purposes of this section within the period of the loan. Idcnticdl with such provision in 38 & 39 Vict. c. 05, .v. 5.] 12. \_Power to /hr r>o(ii-d to Iciu/ to corporations, burial hoards, etc., till'Mst l)eceml)er LSTU. Itep. 40 & 47 Vict. c. 3'.J (S./v.Ji.).— /'ro- rision for re])a)/meiit nnthin. a time approced hij the 'Treai^iirij not exceediny, as to loans for icidenintj streets or for bridges and. purchase of lands, OO years, and for other purposes 30 years ; and. in the case of = ^'t H' Vict, parag-rajili of the eii;hth section of tlie Commons Act, l>TO,t •4'*^"' ^/,/f % V" >f an urban sanitary authority in respect of a suburban common. c.i^. ♦ Now tlic London County Council. See 51 & 52 Vict. c. 41, .>;. 40 (S). f The lit'th paiagrapli oi s. S of the Commons Act lS7t) i.*; as follows : " They {'i.e. an urban sanitary authority) may also in the case of any such suburban common puirhase and hold as aforesaid with a view to prevent the extinction of the rights of common, any saleable ritihts in common or any tenement of a commoner having annexed thereto rights of ennnnon." 35 546 Extension of certain provisions of :{9 & 40 Vict. c. 5(5. to metropolitan commons. 29 & 30 Vict. 0. 122. 32 & ;{;'. Vict. c. 107. [Chap, cxii.] Orders in schedule confirmed. Short title. ]\letropolis {Bowmans Buildiitgs, MarjiUhone, and Essex Road, Is- [41 & 42 Vict.] lij?(/fon,) Tmpi'ovement Promsional Orders Covjirmation Act 1878, 3. Sections thirty and thirty-one of the Commons Act, 1870,:}: sliall, after the jiassing of this Act, apply to metropolitan commons within the meaning of the Metroj)olitan Commons Acts of 18GG and 1869. CHAPTER CXII. An Act to confiem certain Provisional Orders of one of Her Majesty's Principal Secretaries of State for the Improvement of certain Unhealthy Areas within the Metropolis. \\th July 1878.] \_Pre«rrLUc?j^ 1. The Orders set out in the schedule hereunto annexed are hereby conHrmed. 2. This Act may be cited as the Metropolis (Bowman's Buildings, Marylebone, and Essex Road, Islington,) Improvement Provisional Orders Confirmation Act, 1878. \ Ss. 30 and 31 of the Commons Act 1S76 are as follows : "30. A count}' court within wliose jurisdiction an}' common or part of a common is situate shall have jurisdiction to hear any case relating to any illegal inclosure or encroachment of or upon such common or part of a common respectively made after the passing of this Act or to any nuisance impeding the exercise of any right of common arising after the passing of this Act, and to grant an injunction against such inclosure encroachment or nuisance, or to make an order for the removal or abatement of such inclosure encroachment or nuisance. " Any per.sou aggrieved by any injunction granted or order made or refusal to grant an injunction or make an order by a county court in pursuance of this section may, on giving security for costs to the satisfaction of the county court, appeal to the High Court of Justice in a summary manner, or by special case or otherwisi', as may be prescribed by rules of court to t)e made by the Supreme Court of Judicature in manner provided by the seventeenth section of the Supreme Court of Judicature Act, 1875. " The appellate court may on hearing the appeal reverse modify or confirm the injunction or order complained of, or remit the case to the county court from which till' appeal lay, with instructions to deal with the case according to the directions given by the appellate court. " Where an appeal is lodged against the onler of a county court directing the removal or abatement of any inclosure encroachment or nuisance, such order shall be suspended during such time as such appeal is pending. "Nothing in this Act contained shall abridge or interfere witli any existing right of abating or otherwise preventing any illegal inclosure of or encroachment on an}' common or any nuisance interfering with any right t)f conniion. " Until rules of court are made for the puiposes of this section, an appeal may be had from the decision of any county court uutler this section in the same manner in which an aj)peal from the decision of a county court may be had in a case within its ordinary jurisdic:tion. " 31. Any person intending to inclose or approve a common or part of a common otherwise than under the provisions of tliis Act .shall give notice to all persons claiming any legal right in sucli common or part of a common, by publishing, at least three months beforehand, a statement of his intention to make such inclosure, for three successive times, and in two or more of the jDrincipal local newspapers in the county, town or district in which the common or part of a common proposed to be inclosed is situate ; but the provisions of this section shall not apply to any conuuons or waste lands whereon the rights of common are vested solely in the lord of the manor. " A production of a newspaper containing such advertisement as aforesaid shall be evidence of the same having been issued, and the inclosure shall, until the contrary is proved, be deenicl to have taken place at the time specified in such advertisement." [41 & 42 Vict.] IHu/nstead Cominoii Act 1878. [Ohai'. cxlv.] .04'; SCHEDULE. Metropolis (Bowman's BciLniNds, Makylkbonk) Imimu)Vkmf,xt. [Provisional Order of the Home Senrtaii/ dulfd 'Ard Ajiril IHIH^ coiifirmi/ifj a SrJipme prr/xirrtl In/ tlie .l/clrojioll/n/i lioiird of Worhx, under the Artiziuia luid Lahdurcrx DirrUiiKja J mjirooeutciit Act 187.0, fur the iiiij)riirpiiifiit of an unheidtlni area situated in the parinh tf Hainl Mari/lelidne. The Order reriteis that the number of persons if the trorkiug class to he d/sjilaml hi/ the Srheme is estimated at 80(5, and prorides for the clearinq (ftlie lands en/istitiilin// the inijyrorement area and for die erection thereon of direllini/s to accomniodnlc DaO persons of tlie irorkinfj class. The Order further irquires the widenintj of Linton Place to 'hO feel to the east of premises in Kilijware PomI, and its continuation at the same vidlh into Manninr/ Street, and the firmation of a new street, HO feet wide, from Pell Street to Linton Place. Sjient.] Tiiic Mktropolis (Essex Road, I.sli.\(;to.\) Impkovkmknt. [Provisional Order of the Home Secretary dated iird April 1878, confirm intj a Scheme prejiared In/ the Metropolitan Poard of Works, under the Ariizans and Labourers Direllinrjs /mprorenie/it Act 1H7.'j, for the improrement of an nnheidlhi/ area situated in the parislt of Saint Mary, Islimjton. The Order recites that the iinmher of persons of tlie irorkiny <-lnsn to he dlsj/liiced by the Scheme is estimated , and prorides for the cleariny of the lands constituliny the improvement area and for the erection thereon of dicellincjs to accommodate 3,135 persons of the vorkiny class. 'The Order also rcf/uirea the iridenimj (f Popham Street to 30 .feel ; Paradise Place to ^0 feet ; and I'o/ihain Rond, otlienrise Fmy Lane, to ?A) feet between Popham Street and Elder Widk ; and the formation of a iiein street, iiO feet icide, in continuation to Essex lioad ; and a new street, 30 feet wide, to be formed in the line of Anglers Gardens. S/Jcnt.] CHAPTER CXLV. * An Act for effecting a Transfer to the Metropolitan Board of Works of the oren Spaces known: as Plumsteah ('OMMON and »ShoULDER-0F-]\IuTTON (iREEN, AND FOR ENABLING THEM TO PRESERVE, IMPROVE, AND REGULATE THE SAME, AND TO ERECT A LODGE URON BlACKHEATH. [4M Jld>/ 1878.] \_Prcamble recites (inter alia) that there are in the county of Koit t t/ro Oj>eii spaces hnoicn as I'lumstead Common (in this Act referred to as the ( 'ommon) and Shoulder-of-Matton Green (in this x\ct referred to as the Green), situate within the manor of Plumstead, of which manor the prowst and scholars of Queen's College, Oxford (in this Act called the College) are or claim to be lords, and that there is another open space in the jiarish of Plumstead hnoicn as Jiostall Heath (in this Act referred to as the Heath), formerhj part of the said manor ; that the Heath has been placed under the authority of the Metro})olitan Board of WorhsX (in this Act called the Board), who hare purchased, or are about to ])urrhase the same, and that it is eupedient that the Common and the Green should also be placed under such authority ; and also recites an indenture of lease dated the lOM day of July 1873 made between the Colleqe of the one part and the Secretary of State for the War ])epartment of the other part, irherehy certain parts of the Common ?cere agreed to be leased to the Secretary for War as therein mentioned ; and also recites that plans shelving the Common and the Green have been deposited with the Clerh of the Peace for Kent.] * As to Plumstead Common, see also 47 &; 4S Vict. c. ccxxiii. .s. 4S : IS i: 49 Vict, c. clxvii. ss. 51— 54 ; .ind 54 i: .")5 Vict. c. ccvi. s. 50. t Now the county of London. See 51 vt 52 Vict. c. 41, s. 40 (2). X Now tlio London County Council. Sec 51 & 52 Vict. r. 41. s. 40 (8). 548 [CHAr. cxlv.] Plumstead Common Act 1878. [41 & 42 Vict.] Short title. Incorporation of general Acts. Si & 9 Vict. c. IS. 23 & 24 Vict. c. IOC. 32 & 33 Vict. c. 18. As to portion of Common to be used by military. Common to bo under management of Board. Vesting of indenture of lease in Board. Powers of Board as to improvement of Common and (ireen. Common and Green to be preserved from en- croachment. 1. This Act may be cited as tlie Plumstead Common Act, 1878. 2. The Lands Clauses Consolidation Acts, 1845, 18G0, and 1869, are, so far as the provisions thereof are a]»plicable, incor{>orated with and form part of this Act. 3. \_Poiver to the Board to purchase the Common and. the Green, and as to conTeyance of the same to the Board. Sjient.'] 4. From and after the completion of tlie said conveyance that part of the Common which is coloured blue on the maj) or ])lan thereof which is signed in duplicate by Her Majesty's principal Secretary of State for the AVar Department, and by the Chairman of the Metro])olitan Board of Works, and to be hereafter held by their respective officers, or such other part of the said (^ommon as may at any time hereafter, either in substitution or in addition to such blue part, be mutually agreed upon by the said principal Secretary and ( Uiairman to be set aside for such purpose, shall for ever be kej)t open as a parade, camping, training, or exercising ground, to be used by all branches of Her Majesty's regular, auxiliary, and reserve forces, when and as often as need or occasion shall require ; and the said principal Secretary and his successors shall at all times restore and make good the surface of the part coloured blue, or such substituted or additional part, so that the same may, as heretofore, be kept in and restored to good order and condition as a parade, camping, training, or exercising ground for Her Majesty's forces as aforesaid, and for such liberty or easement over tlie ])art coloured l)Iue as is herein-before reserved or granted to the said principal Secretary he shall ])ay as ]ntrchase money to the said Metropolitan Board of Works the sum of four thousand pounds. 5. Subject as aforesaid, and so as not in any way to interrupt or interfere with the free use and enjoyment of the liberty or easement herein-before mentioned, the Common and Green, as the same are delineated in the deposited ])lans, shall be regulated and managed by the Board us a place of recreation for the public. 6. The herein-before recited indenture of lease dated the 19th day of July 1873 shall be assigned to and vested in the Board so that the term may be merged and vested in the said Board. 7. [^Potver to appoint and regulate officers for tlie purposes of the Act. Superseded by the Municipal Corporations Act 1882, ss. 19 and 2U {see Appendix), and. 51 & 52 \'ict. c. 41, s. 75. See also 18 & 19 Vict. c. 120, 6-. 202.] 8. The Board may (subject to the approval and consent of the said l)rincipal Secretary as to the part coloured blue) execute any works of drainage and improvement of the ('ommon and Green, so far only as may be required for the purposes of the Metropolitan Commons Acts, and shall preserve the turf and grass of the uncoloured j)ortions, and for this purpose may inclose by fences for short periods such jKjrtions as may reipiire rest to revive the same, and shall also ])reserve the trees, and so much of the gorse as they may deem desirable, and may plant or otherwise beautify the C'ommon and Green, but shall do nothing that shall otherwise vary or alter the natural features or aspect of the Common and Green. 9. The Board shall maintain the Common and Green as de- lineated in the deposited plans free of all encroachment, and shall ])ermit no trespass on or partial or other inclosure of any j)art thereof, and no fences, posts, rails, or other matters or things shall [41 &42 Vict.] L'laimtmd Common Act 1«78. [Chap, cxlv.] 549 be niiiiiitaiiied, fixed, or erected thereon without the consent in writ ill L^ ol' the Board. 10 — 12. [Afi to })iicl(iivii. Siiju'r/icded 53 & 54 \'i<:t. c. ccxliii. .s.s. 14 -:,'!, uikI 01 & 0~ X'k-t. c. ccxxi. .s. fJl.] 13. It shall not be lawful, without the consent in writini,^ of the Sewers, etc. Board, to form, build, or lay any st with the consent of the i)erson entitled thereto, be taken away or injuriously aflected by virtue of this Act without compen- sation being made or j)rovided for the same; and such com])ensatiou shall, in case of ditference, be ascertained and jtrovided in the same manner as if the same compensation were for the compulsory 550 [Chap. 18.] Racecourses Licetisimj Act 1879. [4ii & 43 Vict.] As to ;iC(iiii.-i tion or sur- render of rights of War Office. Conveyance of Common and Green not to be subject to 9 G. 2. c. ;!(■). Board may erect lodij;e on Black- heath, pnrcliuse and taking or the iujnrious affecting" of lands under the provisions of the Lefore-nientioned Lands Clauses Consolidation Acts. 20. The provisions in this Act contained for the accjnisition by the Board of rights aifecting the Common shall extend to the acquisition by them of, and the granting or surrendering by Her Majesty's principal Secretary of State for the War Department, and his successors, from time to time, of all or any j)art or parts of the rights which Her Majesty's said principal Secretary or his suc- cessors may claim to have for the time being in, over, or affecting the Common, or any part or parts thereof. 21. Where any estate, interest, or right in, over, or affecting the Common or Green is by deed conveyed for the purposes of this Act, the provisions of the Act of the 9th year of the reign of King George II. (cap. 30) " to I'estrain the disi)osition of lands whereby the same become inalienable," shall not aj)ply to the conveyance. 22. The Board may erect and maintain, upon such part of lUackheath as may be agreed upon between them and the lord of the manor, or as, in case of difference, shall be settled by the before- mentioned Secretary of State for the Home Department, a suitable lodge for the accommodation of any oliticer ai)])ointed by them to ])reserve order u[)on the Heath, and for its protection. \_See also 50 & 51 Vict. c. cvi. ,s-. 50, aiul 58 & 59 Vict. c. cxxvii. s. 45.] 23. \_Expenses of ohfaln/iKj atid cxecutiug Act. Spent in jjart. Rentr. superseded 51 & 52 Vict. c. 41, part iv., and the London Countij Council {Mone;/) Acts 1879—1904.] 42 & 43 VICTORIA. A.D. 1879. Uctjuitiuiis. Horse-races unlawful within ten miles of London un- less licensed. Power to Justices to license at Michaelmas quarter sessions. CHAPTER IS. An Act for the Licensing of Metropolitan Suburban Race- courses. \^ird Jul;/ 1879.] \_Preamblc rep. 57 k 58 Vict. c. 50 {S.L.R.).'\ 1. A horse-race within the meaning of this Act shall mean any race in which any horse, mare, or gelding shall run or be made to run in competition with any other horse, mare, or gelding, or against time, for any prize of what nature or kind soever, or for any bet or wager made or to be made in res})ect of any such horse, mare, or gelding, or the riders thereof, and at which more than twenty persons shall be present. 2. ... It shall not be lawful that any horse-race be held or take place on any i)retext whatsoever within a radius of ten miles from Charing (Jross in the city of Westminster, unless in a place for which a license for horse-racing has been obtained j)ursuant to the pro- visions herein-after contained. [ Words omitted, (" From and after the 2m day of March, 1«S0 ") rep. 57 & 58 Vict. c. 50 {S.L.R.)!\ 3. Any person desirous of obtaining a license for horse-racing for any open or enclosed land or place, being the owner, lessee, or occupier of such land or j)lace, may apply to the Justices assembled at any Michaelmas (Quarter Sessions of the Peace to be holden for the county,* city, riding, liberty, or division in which such land or * As regards the county of London, now the London County Council, see 51 & 52 Vict. c. 41, s. 3. r42&43VlCT.1 ',,, ^ . ,,.-:,, [(HAP. 00.] ool place is situate, which Justices arc hereby empowered to <;rarit or witlihold a license at their discretion, siicli license to be of force and valid for twelve months dating fiom the twenty-fifth day of March next following the date of such api)lication. 4. Every such apjtiication shall \n\ made to the Justices in the *^"|^V^f same manner as aj)plicati(jns for licenses for places to be kept for .,ppii,.^,i,,„ public danciuL;, musi(t, or other entertainment und(!r tin; ])rovisiotis fur license, of an Act passed in the tweuty-lifth year of His late Majesty King George the Second. [JS'^ote to s. 3 (tp/diea.] 5. Any person who . . . shall take part in any horse-race in any I'enalty open or enclosed land or j)lace for which a license is reipiired "'J^^er |'",^P^^^"°^^ this Act, and lor which a lici'tise has not been obtained, shall upon in unlicensed summary conviction be liable to a ])enalty of ten pounds, or an horse-races, imprisonment not exceeding two mouths. \_\Vor(fs omitted {^^ after the mid 'lUh day of Murch l88U");-<^y>. 57 & 58 Vict. c. 50 {S.L./L).'] 6. Any person who shall be the owner or lessee or in iiossession Penalty on or occuiKitiou of anv oi)en or enclosed land or i)lace for which a °^^'°*^'".'* ^"^^, 1 ■ ,-1 • • -1 1 \ • A \ 1 1-1 occupiers of license lor horse-racing is re([Uired under this Act, aiKl ui)Ou wiiicli grcund where any horse-race shall be held . . . without such license having been unlicensed obtained, shall be guilty of a misdemeanor, and on conviction ['.'^/'l'^'^^^^'^** thereof shall be punishable for every such offence with fine or im])risonment at the discretion of the Court, such tine not to be less than live ])ouiids nor more than twenty-five pounds, and such imj)risonment not to be less than one month uor more than three months. \^^'ote to s. 5 ajjjjlies.^ 7. Every horse-race held or taking ])lace in contravention of the Unlicensed provisions of this Act shall be deemed to be a nuisance, and anv j'orse-races . *' to D6 0.6611160. ])ersou injured or inconvenienced thereby sliall have all such rights a nuL-^ance, and remedies against all persons taking part in the same, and against and liable owners, lessees, and occupiers of the land or place, as he would have ^^cordingly, in case of a nuisance at common law. 8. This Act may be cited as the Uacecourses Licensing Act, 1879. Short title. CHAPTER 01 1. An Act fok further amending the Acts relating to the RAiisiNG OF Money by the Metropolitan Board of Works ; AND FOR other PURPOSES RELATING THERETO. [lot/i Any ant 1^7'J.] [Preamble rep. 01 & 0:i Vict. c. 22 {S.L.R.).'] 1. This Act may be cited as the IMetropolitan Poard of Works short title. (Money) Act, 1879; and the Metropolitan P.oard of Works (]\rouey) ^'^^^39 Vict. Acts, 1875 to 1878, and this Act may be cited together as the 4'i 5^42 vict. Metropolitan Board of Works (Money)" Acts, 1875 to 1879. c. 37. 2. This Act shall be read and have effect as one with the Co^^J^^^tion ]\Ietro])olitan P>oard of AVorks (Loans) Acts, 1809 to 1871, and 3-..i33Vicuc. i(>2. the Metro])olitau Board of Works (Money) xVcts, 187o to I818. m * 35 vict c i?.' 38&39 VicU c 6& 3—7. [Amendment of S6. 5 and 9 of ^\ k 42 Vict. c. ^1 -Power to ^l^^. the Board to expend money for the purposes of 40 &, 41 }'ict. c. cci. ; " *«v for improvements in connection with the obelisk on the Victoria Em- bankment : and under 18 & 19 \'irt. r. 12U, .s-. 144, and 25 & 20 Vict. c. 102, *•• 72. Jiep. 01 & 02 Vict. c. 22 (S.L.Ii.).'] IcL c. M. icU c. 5i ict. c. 37. K-o r/-^ on -\ Mi'tro/iohtau Board 0/ Works r^o * A'i\T,r.,„~\ oo2 [Chap. 69. 1 /,, . , ^ iw-n [42 & 43 Vict. I •- -J {Moneij) Act 18 /U. ^ -" 8. \_As to expciiHC^J'or Fire l>ri(j(i(/c jjiirposes until '6\st December l^^U. Rep. 01 k'Cy'Z Vict. c. 22 (t^S.L.K.). — Provision as to carri/ing from time to time to the Consolidated Loans Fund, such sum as the Treasurij approve as sufficient to redeem the stock created for the purposes of this section in 30 years. Identical with such pro- vision in 38 & 39 Vict. c. 65, s. 3.] 9 — 11. [^Fower to the Board to expend monei/ for the purposes of 3o ,^-, 36 Vict. c. clxiii.; 36 & 37 Vict. c. Ixxxvi. ; 38 k 39 Vict. c. elxxix. ; 40 & 41 Vict. cc. cci. and ccxxxv. ; cmd 41 & 42 Vict, c. cxlv. Rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 12. \_Power to the Board, to lend to vestries and district boards until 'd\st December 1880. Rep. 61 & 62 Vict. c. 22 {S.L.R.).— Pro- vision for repayment within a time to be approved, by the Treasury not exceeding, as to loans for widening streets or for bridges and purchase of lands, 60 years, and for other purposes 30 years ; and in the case of a loan for not exceeding 30 years requiring the Board from time to time to carry to the Consolidated Ijoans Fund such sums as the Treasury apj>rore as sufficient to redeem the stock created for the purposes of this section within the period of the loan. Identical with such provision in 38 & 39 Vict. c. 65, s. 4.] 13. [Poiver to the Board to lend to the vestry of St. Pancras for the pmr poses of the St. Pancras Loans Act 1879. Rep. 61 & 62 Vict, c. 22 {S.L.R.'):\ 14. \Power to the Board to lend to guardians till ^\st December 1880. Rej). 61 & ()2 Vict. c. 22 (S.L.R). — Provision for repayment n-ithin a time to be approved, by the 'Treasury not exceeding 30 years, and as to carrying to the Consolidated Loans Fund such sum as the Treasury apyprove as S'ufficient to redeem the stock created for the purposes of this section within the period, of the loan. Identical with such provision in 38 & 39 Vict. c. 65, s. 5.] 15. [Power to the Board to lend to corporations, burial boards, etr.Jill ?>\st December 1880. Rep. 61 & 62 Vict. c. 22 (S.L.R.).— Provision for repayment tvithin a time to be approved by the Treasury not exceeding, as to loans for widening streets or for bridges and purchase of lands, 60 years, and, for other purposes 30 years ; arul in the case of a loan for not exceeding 3l) years requiring the Board from time to time to carry to the Consolidated Loans Fund such sums as the Treasury approve as sufficient to redeem the stock created for the purposes of this section within the period of the loan. Identical with such provision in 38 & 39 Vict. c. 65, s. 6.] 16—26. \_I^xtension of the amount ivhich the Board may lend to the Managers of the Metropolitan Asylum District — As to " Metro- politan Bilhr Rep. 61 & 62 Vict. c. 22 (^'.Z.it'.).] Repayments 27. All sums received by the Board in respect of interest on or to be carried princijjul of any loan made by them under this Act shall be carried to con.oii- ^ ^1 (Consolidated Loans Fund. dated Loans Fund. 28. \Ext,ension of s. 3 <2/"32 & 33 Vict. c. 102. Rep. 61 & 62 Vict, c. 22 {S.L.R.).'] Schedule. \F*articulars of new money jwwers conferred by this Art. Rep. 61 & 62 Vict. c. 22 {S.L.R.)'.] Mitrojjoli.s (Lit I If ('uraiu Street^ [4:^ & 4:i Vict.] liloom.sh'ir;/, WdU Street, I'Dplnr, [C'mai'. Ixxix.] 553 aiitiiouisk 'iiii'; ( 'o.m.mission'kks ok . . . \V<»niis . . . TO A(ii;KK WITH TiiK ( '( >Nsr;nvAi'< ii{s (M' riiK JiiVKi: Tiiamks ON TiiK Paymknts K(tK I'lKiis (»i; Lanuing-I'LACKS in ok upon TIIK J>KI) OR ShuKK of TIIK UlVKU TlIAMKH. [15M Augmt l-sT'J.] [ ll'o/v/.s oitiifted in title (" //./■ Mtijesfifs " and " and Forest. s and Land Jxerenues''''), and preandjli; {j-eeitinij the 'I'/tatnes Cunsercanci/ Act, 1857*) rep. 57 & 58 Vict. c. 5(5 (,S'./J.A'.).] 1. This Act may Le cited as the ( "oiniuissiouers of Woods (Thames «hori title. Piers) Act, 1870. 2. The Commissioners, or one of tlieiii, actint; with the consent of Power to the . . . Treasiirv, and the Conservators may from time to time ^i^"'™'*"' , 111 1 1 " I t- 4.1 sionersand make, tind when made revoke and vary a,i;"reejnenrs resj)ecrin<( tne conservators annual payments to l)e made from time to tinu; . . . by the Con- to aKne as servators to the Commissioners, or which heretofore should l,ave *'' '■^'"'•'*/°'' 1 1 • i !• 11 iwi • 111 \n(iTi^, etc. l)een so made m respect ot .•ill or any oi the piers or landmo'-jilaces in or upon anv ])ortions of the bed or shores of the Kiver Thames erec'ted or accjuii'ed by tlie Conservators either before or afti-r the passing of this Act, suid under the management of the Conservators. All sums paid to tlie ( 'omniissioners in pui'suance of any such iigreemeiit shall be ajtplied (in like manner as sums received by tlie Commissioners iVom the Conservators under the Tluinies Conser- L'Uii: 'Ji Vict. vancy Act, 1857,*) as part of the heredittiry possessions and land ^•- ^-'^'^'"• revenues of the Crown. [sVv al.so 4 I'.d/r. 7, c. cciii. s. 49. Word.^ omitted (" Commissioners of Her Majesti/s " and " hereafter ") rep. 57 i^-. 58 Vict. c. 50 {S.L.R.):\ 3. [Xs. 103 an(f 1(»4 of the Thames Con.^erranci/ Act 1857 * not to (ippl'/ to am/ reids or recenues received bij tlie Consercators in respect of piers or landing-places iv/dch are the subject of agreemerd under this Act. Spent. ~\ 4. Nothing in this Act contained sliall be heM to authorise the ^''"»tf'io'» , , , ' , , . ^ . 1 T I ot Act. ( onservtitors to ei'ect, ac(jnire, or retaui any piers or laiuling-places which they were not authorisetl to erect, ac(piire, or retain before the passing of this Act. CHAPTER LXXIX. An Act to confikm certain Provisional Orders of ()Nk ok IIki; Majesty's Principal Secretaries of State for the Jmi'rovement of certain Unhealthy Areas within the Metropolis. ['Sd Jnh/ 1>7'.».] [rreu„dj/r.'] 1. The Orders set out in the schedule hereunto annexed are ^^^''f^cr.s in hereby conhrmed. confirmed. 2. This Act may be cited as the Metropolis (Little Coram Street, short title. Bloomsbury, Wells Street, Poplar, and Great Peter Street, West- minster,) Improvement Provisional Orders Confirmatiou Act, 1870. * Rep. and replaced by 57 & oS Viet. e. elx.xxvii. ; f-ee ibid. s. L'3'J (,see Appendi.x). 554 Metropolis {M'hitechapel and Lime- [Chap. Ixxx.] house) Impromitnent Scheme Modiji- [4::i&43ViCT.] cation Act 1879. SCHEDULE. Metropolis (Little Cokam Stkeet, St. Giles District and St. Pancras,) Improvement. [Pror/sio)/(tl Order of the Home Secretary elated 4th April 1879, coiifirnung a Scheme jirejiared b// the J\[etrop(ditnn Bonrd of WorIc>;, under the Arthmns (uid Lahourern J)ioeU/?irej)ared by the Metropiolitan Board of Worhs^ under the Artizans and Labourers Lhvellings Ivipyrorement Act 1875, for the impjrovcment of an unhealthy area situated in the pa^Hsh of All Saitds, Poplar. The Order recites that the number of persons of the u-orhing class to he disjjlaced by the Scheme is estimated at 1,029, and jjrovides for the clearing of the lands constituting the imjirovement area and for the erection thereon of dwellings to accommodate 1,030 persons of the working class. The Order also requires the widening of Wells Street to 30 feet ; Robin Hood Lane to a minimnin, loidth of 40 feet beticeen Wells Street and White Hart Place; and the formation of a new street -10 feet tcide from Cotton Street to Robin Hood Lane ; and a new street 30 feet wide from the last-named neio street into White Hart Place. Spient.] The Metropolis (Great Petek Street, Westminster,) Improvement. [^Provisional Order of the Home Secretary dated 1st Ajjril 1879, confirming a Scheme prepared by the Metriq>olitan Board of Works, under the Artizans luul Labourers Dwellings Improvement Act 1875, for the improvemeid of an unhealthy area .situated in the parish of Saiid John the Evangelist, Wei^tminster. 2'he Order recites that the number if persons of the work,ing class to be displaced by the Scheme is estimated at 179, and, provides for the clearing if tlie la/uls const dut'ing the improvement area a/ul for the erection thereon of dwellings to accommodate 180 jyersons of the tvorking class. The Order cdso requires the wide7ung of Saint Jfatthew\s Street, at its junction loitli Great Peter Street, to the extent of "2,0 feet, prorideil that the District Hoard / State {in thi.s Act referred to as the Secretary of State for War), on behalf of Her Majesti/, has purchased, at the expense of the Consolidated Fund, the soil in the common hno/rn as Worm/rood Srruhs, in the manor of Fulhain in the county of Middlesex,] containing 13.") acres or thereabouts, subject to certain riyhts of common ocer the same, and also certain inclosed lands adjoining the said common, containing respecticely 5)3 acres and acres or thereabouts, free from incum- brances and common and other riqlits, and the same are noic rested ill the Seeretan/ of State for War on behalf of ller Majestij .- and that plans shoiciny the said common coloured light red, and the said inclosed lands coloured dark red and purple respectively, hare been deposited at the War O/fia' and at the office of the Metropolitan Hoard of Works: and that the Secretary of State for War has pro})Osed to the Metropolitan Board of Works that the said common and. inclosed lands, amounting to 1U3 acres or thereabouts, should, be vested, in the Metropolitan fhard of Works on trust to enable the same to be used for such military purposes as the Secretary of State for War from time to time directs, and subject thereto, upon trust for the perpetual use thereof by the inhabitants of the metropolis for exercise and recreation, and. that the said Board should maintain the same and should undertake the compensation of all rights injured by the trusts and purposes aforesaid, and that the Metropolitan Board, of Works hare consented to such proposal.~\ 1. This Act may be cited as the Wormwood Scrubs Act, 1870, short title. 2. The common known as Wormwood .Scrubs, in the manor of Vesting of Fulluim in the county of Middlesex,! and containing one hundred Wormwoofl and thirty-five acres or thereabouts, and the lands adjoining thereto of adioinhitr and containing fifty-three acres and five acres or thereabouts, which land in common and hinds (in tiiis Act n-ferred to as the Scrubs) are siiown Metropolitan in phms deposited at the AVar OfHce and tlie olHce of the ]\Ietro- ^v^rks** })olitan Board of Works, and are therein coloured respectively light red, dark red, and {)ur]ile, shall upon the ])assiiig of this Act vest in the ]\I('tropolitan I'oard of ^Vorks and th(>ir successors, in fee simple in ])ossi'ssion upon the trusts declared by this Act, free from all incumbrances. 3. The Metropolitan Board of Works shall hold the Scrubs upon Use of the trust to enable the same (except the portion or ])ortions excei)ted as f^irui>-' for 1 iv i.- i\ J. 1 ^ 1' 1 -iv nuutarv pur- herem-aiter mentioned) to be used for such military 1 'i"" poses, ,,^.;^[l f^^ whether camj)s, reviews, drills, training, exercising, firing, rifle oxen-ise ami ranges, or other whatsoever, as the Secretary of State ibr War from rccre;ition. time to time directs, and subject as aforesaid, shall hold the Scrubs upon trust for the perpetual use thereof by the inhabitants of the metropolis for exercise and recreation. * The i>roi>orty, powers, duties, and liabilities of the Metropolitan Hoard of Works under this Act were transferred to the London (.'oiintv t'ouncil by 51 A: -^'1 Vict. c. -11, s. 40 (S). j- Now the county of London. See ")1 .Sc 02 Vict. c. -il, s. 10 (2). c 556 [Chap, clx.] Wormwood Sc?^u/js Act 1H~9. [42 & 43 Vict.] Provided that — (1.) No permanent bnilding or erection, except rifle butts, and all necessary appurtenances, shall be constructed on the Scrubs without the consent of the Metro])olitan Board of Works and of the Secretary of State for War ; and (2.) No portion of the Scrubs shall, without the consent of the Metropolitan Board of Works, be used for military purposes or as a rifle range on any day declared to be a holiday 38&;]9Vict. either by the Holidays Extension Act, 1875, or by any ^'^- other Act of Parliament, or by Pier Majesty. Subject and without prejudice to the continuance and use thereon of the firing points to the rifle butts there shall be excepted from the said use for military purposes the portion of the Scrubs marked with hatching on the ])lans thereof de])0sited as above mentioned, A & 52 Vict. c. 41, part iv.] 8. If at anv time the Scrubs, or any part thereof, ceases, except Reverter of with the consent of the Secretary of \state for War, to be used for 1,'''' ^"»i^s to exercise and recreation by the inhabitants of the metro])olis, or if state for the Metropolitan Board of AVorks or their successors fail to comply ^^';n"- with the provisions of this Act with res])ect to the use of the Scrubs for military ])urposes, the Scrubs shall vest in the Secretary of State for War on beluilf of Her IVIajesty in fee sim})le, free from ineumbrani'es, and free from all right, interest, and claim whatsoever of the Metropolitan Boaiil of Works, tlieir successors or assigns, or of any other person or persons whomsoever, and the Secretary of Stiite for War may re-enter and take possession of the Scrubs accordingly, but he shall pay to the ]\Ietropolitan Board of W(»rks such sum in respect of their outlay on the Scrubs (»r otherwise as may be just. 9. [l*' to compensation for estates, interests, and riijJits ocer Wormwood Scrubs taken away or injnriouslt/ ((fft'cted bi/ or under this Act. Sj>enf.~\ 558 Aletropolis MaiKigemnd {Thames [Chap, cxcviii.] River Prevention of Floods) Amend- [42 & 43 Vict.] ment Act 1879. ,<,, : . i ... CHAPTER CXCVIII. An Act to amend the Metropolis Management Act, 1855, and THE Acts amending the same, so far as relates to the . protection of the Metropolis from Floods and Inunda- tions CAUSED BY THE OVERFLOW OF THE RiVER ThAMES ; AND FOR OTHER PURPOSES. [11 t/l AuffifSt ISli^.] [Preamble recites that, notwithstanding the provisions of' the Metropolis Management Act, 1855, a7id. the Acts amending the same, with respect to the p))-otection of lands from floods and inundations, ■ the lUi'cr Thames in times of high tides, Jloods, and excessive rains, by reason of the loiv level of various ^^Idces, overflotvs its banks, causing inconvenience to persons and injury to health and property, and. it is therefore expedient that the said provisions sJtould be amended, and that pjrorisions such as are in this Act contained should be made for prodding for the due execution and maintenance of the works necessary to prevent the orcrjloicing of the said Rivier Thames icithin the limits by this Act prescribed , and for empowering the Aletropolitan Board of Works to enforce such provisions and to provide for the expjenses incurred, in relation thereto.'] Preliminary. 1. This Act. may for all purposes bo cited as the Metropolis Management (Thames River Prevention of Floods) Amendment Act, is'TO. 2. In the constrnction of this Act the followinii: words and tion of terms, expressions have the following meanings, unless excluded by the subject or context ; (that is to say,) H) & 20 Vict. The expression "the principal Act" means the Metropolis Management Act, 1855, as amended by the Metropolis Management Amendment Act, 1850, and the Metropolis Management Amendment 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 aggregate 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 permanent character, for the protection of lands within the limits of this Act from floods or inundations 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, imjirovement, or alteration of any sewer, channel, or watercourse, and the * Now the Lonrlon County ( oiuicil. Sco HI & 52 Vict. c. 41, s. lO (8) Short title. Interpreta- c. 112. 25 & 2G Vict. c. 102. 'Mctropnlin Mtnuujfiiicitt {T/iames [42 & 43 Vict.] Iticer Precention of Floods) Amend- [Chap, cxcviii.] 559 ment Act 1879. (liscoiitiiinanco, closiiif^ np, or dostrnctinn of utiy suc.li sewer, cliiiiiiicl, or watercourse necessury fur tlu; protection of laiuls within the limits of tliis Act from floods or iiiundatious caused 1)V t lie overflow ol" I lie h'ivcl' Til III lies : The ex})ression " hiinls "' iiuduiU's iiu'ssuai^es, l)nildin,i!:s, erections, ])anks, huids, tenements, und iiereditamcmts of any tenure, and ri^iits and easements in, over, under, or in resiteet of the same : The (>xpression "street," in addition to th(! meanin<^ assi_L,Mied to the same tei-m by the j)rinci|)al Act, includes the carriat^eway of any turnjiiki' road and :iny county bridge and any place hiid out as a street : The expression "premises " includes lands and streets : The expression "owner" means (except where otherwise ex- ])ressly provided) thi; })eison i'oi' tlie time; being receiving the rackrent of tlie lands or premises in connexion with which the word is used, wliether on his own account or as agent or trustee for any other jX'rson, or who would so receive the same if such lands or ])remis(>s were let at a rackrent, and includes any commissionei's, trustees, or other persons or person in whom the premises in connexion with which the said word is used are vested, or who are charged with the control or management of tlie same. 3. The limits of this Act shall extend to the metropolis as defined Limits of Act. by the principal Act. 4. The i)rincipal Act, as amcMided by this Act, and this Act sluill <^'onstruction be read and construed together as one Act. Executio)! of Works. 5. From and after the })assing of this Act the execution of all I'^'ood works flood works slniil hv sultiect to and in accordance with such ]dans ""^^J ^? ^'^'^^' , , •'. . , . ' i-uted except as the l>oard ma}' Irom tune to time cause to be i)reparetl m pur- in acioniance suance of this Act, or with such })lans or speciflcation as the Board with plans, may from time to time ap])rove, and such works shall be carried on and com])leted to tlu> satisfaction of the lioard, and save as aforesaitl no such works shall be commenced, carried on, or completed. 6. Subject to the provisions and limitations in this Act contained, r.odics an.i the following Inxlies and persons shall he liable to provide for the P^""^"^. J^''^^^'-' execution of all flood works wliich may from time to time in the for'excc'utiou o])inion of the Board be necessary for the protection of ])remises of tiood within the limits of this Act from floods or inundations caused by works. the overflow of the Kiver Thames; (that is to say,) In respect of all such works to be executed u])on any premises vested in or subject to the control and management of the Commissioners of Sewers of the City of London,* the vestry of any parisji mentioned in Sciiedule A. to tlui principal Actf or the board of works of any district mentioned in Scheilule B to the principal Act,t such Commissioners, vestry, or board of worlvs : 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 l)e executed through, alon*;, over, * See the City of London Sewers Act ls!)7. ■j- Now the Metropolitan P.orongh Council. See G2 &^ (lii Vict. c. 11. s. 1. Metropolis Management (Tl/ames 560 [Chap, cxcviii.] River Precention of Floods) Amend- [42 & 43 Vict.] ment Act 1879. or under any part of the bed or soil of the River Thames immediately connected with any premises, such works shall be deemed to be works to be executed upon such premises. Board to 7. The Board, as soon as mav be after the passincj of this Act, lip ^ •- I O 7 maKe plan or ^]^,^\i eause a plan to be prepared showing the line and level of the flood works, Aood works which are in their opinion immediately necessary for and serve effectually j)rotecting all premises within the limits of this Act notice o^y^^e -^ijjp}^ iij their judgment require protection from floods or inunda- of upon Com- tions caused by the overflow of the Kiver Thames : and when such missioners of plan has been prepared the Board shall cause notice of the prepara- P^^.'^^f L^ *^^ tion thereof to be served upon the Commissioners of Sewers of the don, vestries, City of London and u])on the vestry of every parish and the board district of works fr)r every district in which any of the works shown on such boards, and ^j^j^^j ^^^ proposed to be executed, and upon every owner of premises affected liable to provide for the execution of any of the same, and shall thereby. 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 Ijoard, 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 co])ies of such ])arts of such ])lan respectively, and for the execution of wliich 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 olijection, the Board shall, during the twenty-eight days next after the receipt thereof, consider such objection and reasons, and shall as soon as may be after the exjjiration of such last-mentioned period of twenty-eight days make such order in relation thereto as the Board may think just, and may by such onler make any modification or alteration in such flood works, and shall transmit a co]>y of sneii ord(!r to tlie body or ])erson 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 ])lan prepared in manner aforesaid so as to show thereon such modification or alteration, and in sucli case they shall transmit to the body or person by whom such objection was made two copies of the ])art of such plan so amended, together with such order. The Board shall cause a copy of such plan showing all amend- ments made therein to be kept at their ofiice, 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 amendments therein have been transmitted as aforesaid shall cause one of such copies to be kept at their oflice, and all persons may at all reasonable times inspect any such copy without payment. [^Amended 4b Vict. c. hi. .s-. 47 ; and see notes on s. 6.] Metropolis Management {Thames [42 & 43 Vict.] River Prevention of' Floods) Amend- [Chap, cxoviii.] 561 ment Act 1870. 8. Notliinf( in this Act contained shall anthorise the Board, Limitation notwithstanding the general definition of the term bank and A ^-""J^ as to works works, to direct the execution of any works other than such as are necessary for tlie protection of lands within the limits of this Act from floods and inundations caused by the (jverflow of the River Thames, and the Board shall have no authority under this Act to ])rescribe or order any works for any other ])uri)Ose, or any works for the embankment of the River Thames, or any j)art thereof, in the nature of the various embankments heretofore executed by the Board under the authority of any special Act of Parliament. 9. AVHiere in the opinion of the Board the erection of a dam of Powers of a fixed or permanent character on any ])remises would materially J.^'^^j'^ ^'^j^^ interfere with the transaction of the business carried on upon the „f a tem- river side of such premises, the Board may, instead of ordering such porary works of a fixed or permanent character, by order authorise and '^^i^racter. require the erection of a temporary or moveable dam, subject to such regulations, 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 pro]>er, 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. \_See also 45 Vict. c. Ivi. s. 46.] 10. Where the Board liavc ordered the erection of any dam of Penalty for a temporary or moveable character subject to any regulations, recusations restrictions, or conditions, any person making default in the due etc. as to ' observance or committing a breach of any of the same shall be temporary liable to a penalty not less than twenty pounds and not exceeding "^^^'^■ lifty pounds, and in case of a continuing offence to a further penalty not less than twenty pounds and not exceeding fifty pounds for each day after the first during which such default or breach continues ; but, save as aforesaid, such person shall not be liable to any j)enalty or damages or to pay any compensation by reason or in respect of any such default or breach. \_See also 45 Vict. c. Ivi. s. 40.] 11. The Commissioners of Sewers of the City of London, thei'owerto vestry of any parish, or the board of works for any district within ^ioQ'",'^'£ the limits of this Act may, within twenty-eight days after thesewersof receipt of the copy or copies of such part of such plan transmitted to City of Lon- them as aforesaid, if they have not made any objection to execute '^'*°'.^^!''^' the flood works shown on such coj)y, or if they have made any such board to objection, within twenty-eight days after the receipt by them of execute flood the order of the Board made after consideration of such objection, '^ofks. give notice in writing to the Board of their intention to execute to the satisfaction of the Board the flood works sliown on such copy, and for the execution of which such Commissioners, vestry, or district board are liable to provide, and thereupon such Commis- sioners, vestry, or district board may proceed to execute such works in accordance with such co}iy, under the authority and with the powers by this Act conferred. [6'<' a further penalty not exceeding five pounds for every day after the- first dav during which he so continues to act in contravention of" this Act. [See notes on s. 6.] 19. In order to preserve the navigation of the River Lee, the- plan 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 shores of the Kiver Lee within the limits of the jurisdiction of the- Lee Conservancy Board under the Lee Conservancy Act, 1868,. which may interfere with the free navigation of the said river, shall be approved by the Lee Conservancy Board in writing under their common seal before such works are commenced, certifying that the works according to snch plan will not interfere with the free navigation of the said river, and thereupon such works shall only be executed in accordance with such plan, and no alt^erationi Metro poll. ^ Management (^T/iamen [42 & 43 Vict.] River L' retention of Floods) Amend- [Chap, cxcviii.] 565 'ment Act 1879 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. Xothiipj: in this Act contained shall extend or be construed Saving rights to extend to prejudice or derof^ate from the rights of the LeeoftbeU-e Conservancy l^oard, or to prohibit, defeat, alter, or diminish any Byarj"^°^"^ power, authority, or jurisdiction wiiich at the time of the passing of this Act the Lee ( 'onservancy JJoard did or might lawfully claim, use, or exercise, so far as such rights, j)ower, authority, oV 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 Saving rights of this Act, nothing in this Act contained shall affect, alter, abridge, ^^.^''.^ ^^°^- or interfere with any of the rights or powers at the time of the fJ'Jwera for })assing of this Act vested in the Commissioners of Sewers for the Havering and levels of Havering, Dagenham, Ripple, Barking, East Ham, "West °'^^^'" ^^^^l^- Ham, Ley ton, and Walt ham stow, and for the respective borders and confines thereof near to the same, as the same are respectively standing, lying, running, and being in tlie respective counties of Essex, Mickllesex, and Kent, and except in so far as the said rights and powers are varied l)y or are inconsistent with the provisions of this Act they shall continue in full force.* Maintenance of Banks. 22. The bodies and persons by this Act liable to provide for the execution of flood works upon any premises shall respectively ])e liable to maintain and reitair the banks upon the same, and shall ^laiiit<^'na°ce n ^1 x- 1 • X 1 • • 1 -1 'i"tl repair tor the purpose of such maintenance and repair, in accordance with of banks. 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 i^eceding ])rovisions of this Act conferred and im])osed 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 any alteration to anv bank so as to affect the secnritv of the premises upon which the same is situate, or of any other premises I'enalty for adjacent or near thereto, from flooding caused by the overflow of j*^^^ ^'j^jj. the River Thames, without the previous sanction in writing of the i.ut consent Board, such person shall be liable to a penalty not exceeding ten *^f Board, 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 alteration until the same be sant-tioned 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 ]>oard that any bank in anv parish or in anv tlistrict within tiie limits of this Act is out of repair, dangerous, or insufficient for the efiectual protec- ^""?>' ^"" tion of any premises within the limits of this Act from floods or !ianger?>u.-j or inundations caused by the overflow of the River Thames, they shall insufficient require a survey of suih l)ank to be made by the district surveyor ^*'*".^* *"^ or by some other comiJetent surve} or, and it shall also be the duty ami repair of * The powers of these Commissioners do not now extend within London. See tlie same. Land Drainage Act 18G1, s. 2. Metropolis Management {Thames 566 [Chap, cxcviii.] River Prevention of Floods) Amend- [42 & 43 Vict.] ment Act 1879. of the district surveyor to make known to the Board any informa- tion he may receive with respect to any bank being in snch state as aforesaid : Upon completion of his survey snch district or other surveyor shall certify to the Board his opinion as to the state of any such bank as aforesaid : If snch certificate is to the effect that such bank is not out of repair, dangerous, or insnfficient for the purposes aforesaid, no further proceedings shall be had in respect thereof ; but If it is to the eifect that snch bank is out of repair, dangerous, or insufficient for the pnrposes aforesaid, the Board shall cause notice thereof to be served npon 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 re- lation thereto, specifying the flood works which are in their opinion necessary for repairing snch 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 information relating to the same as they may think proper, and thereupon 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 objections 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 snch 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 jjrovisions and prepared by the Board immediately after the passing of this Act as aforesaid. \_See notes on s. 6.] Compensation. Mode of 25. Any person or body who claims compensation for any ascertaining fj^mage caused bv the execution of anv flood works under the amount oi .~. (> i ■ ' >. • p'tt compensation authority 01 this Act, or m respect ot any lands or any interest for damages in lands taken or used for the pnrposes of or injuriously affected execution of ^'^ *^^ execution of flood works under the authority of this Act, flood works, KDay claim such compensation from the Board ; and if such person etc. or body and the Board do not agree with respect to snch claim, then and in every such case the validity of such claim and the amount of com])ensation (if any) payable in respect thereof shall, on the application of either party, be determined by arbitration by the standing arbitrator herein-after 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 questions of disputed compensation contained in the jjrincipal Act or any Act incorporated therewith, and the amount of compensation payable in respect of any such claim, when agreed npon 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 Metropolis Mnnnqewcrif ( l/inrnea [42 ard. Before any standing arbitrator enters upon the duties of his office he shall in the ])resence of a Justice 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 568 Metropolis Management ( Thames [Chap, cxcviii.] River Prevention of Floods) Amend- [42 & 43 Vict.] ment Act 1879. Proceedings before standing .arbitrator. Payment of expenses of Commis- sioners of and determine all matters which may from time to time be referred to me under the provisions of the Metropolis Management (Thames River Prevention of Floods) Amend- ment Act, 1879. A.sr 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. 28. The standing arbitrator shall appoint a place and time for the hearing of any matter coming before him, and shall cause six days previous notice thereof to be given in such manner as he shall think 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 tlie 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 j^erson 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 l)0und to obey the summons unless a reasonable 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 standing 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 2)arties to such arbitration. No award made by the standing arbitrator in accordance with this Act shall be set aside for any irregularity or informality. Financial. 29. The expenses from time to time incurred by the Commis- sioners of Sewers of the City of London in the execution of any flood works under this Act, and any expenses which the Board may Metropolis Management (T/iomes [42 & 43 Vict.] River rrevention oj Flood n) Amend- [Chap, cxcviii.] 509 ment Act 1870. from time to time require payment of from the said Commissioners Sewers of as hcroin-afrer jn-ovided, shall he ])aid hy tlie said Commissioners London, out of any rates which the said C-(^nnnissioners are authorised to direct to be made under any Act rehitinj; to the sewerage of the said city, or ont of moneys borrowed on the security of such rates ; and tlie said Commissioners sliall have full j)0wer from time to time to raise the amount of any such exj)ens(;s, and the interest on any moneys borrowed as aforesaid, and any moneys retjuired for tlie repayment thereof, by any such rate which they may be authorised to direct to be made as aforesaid or by any addition thereto. \See note * on s. G.] 30. Any vestry or district board, for the ])urj)Oso of payin<,' any Paj-raent of expenses from time to time incurred bv them in the cxeeution of expenses of x^ *' Vestries And any flood works under this Act, or any expenses which the Board district may from time to time require payment of as herein-after provided, boards. shall from time to time raise the sums they may require by borrowing or by means of rates in every respect as if such ex])enses were exj)enses of such vestry or district board incurred in the execution by them of the principal Act in relation to the sewerage of their ])arish or district ; and any such vestry or district board in any case in wliich it appears to them that such expenses have been incurred for the special benefit of any particular part of their ])arish 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 px])enses, or any part thereof", to ])e levied in such })art or exempt any part of such parish or district from the rates, or require a less rate to be levied thereon, as the circumstances of the case may require ; and any such district board may refrain, where any entire parish or parishes ought in their judgment to be so exempt, from levying any money thereon, notwithstanding thev mav issue anv order or orders for levving sums upon any other parish or parishes in their district. All the provisions of the princi])al Act concerning orders by vestries ancl district boards recjuiring overseers of jmrishos 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 aforesaid, and for and in relation to the making of rates for such pur})0ses, and for levying and enforcing payment of the same, shall extend and apply to and in the case of all sums reijuired by vestries antl district boards for defraying the cxjtenses 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. [See note t on .s. 0, ((//(/ see 18 & 10 \'ict. c. 1~U, s. loS an// note thereon.'] 31. AVhere the Board execute any flood works for the execution I'ower to of which the Commissioners of Sewers of the City of Lonilon, the Board to vestry of any jmrish, the board of works of any district, or any expenses in- owner of premises were or was liable to provide, they may by order turre«l by retiuire pavment of and recover the whole or such iiart as thev mav them in whole ,,.',. I '.. , 1 1 ^1 ■ t '»• »i" or in part. think just of the expenses incurred by them m respect oi tlie execution of the same (exclusive of any moneys paid or any expenses incurred by them in res])ect of or in relation to compensa- tion) from the said Commissioners, from sui-li vestry, board of works, or owner : 570 Metropolis Management {Thames [Chap, cxcviii.] Rivei- Prevention of Floods) Amend- [42 & 43 Vict.} ment Act 1879. Rentcharge may be granted in respect of works. Provided also, that if the said Commissioners or any vestry, district board, or owner feel a2:o:rieved bv the amount of anv 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 such 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. \^See notes on s. 6.] 32. Where any owner of lands has incurred any expenses iu pursuance 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 payment of such rentcharge in priority of all other charges or incumbrances whatsoever (except the land tax and the property tax charged upon the owner), and such rent- charge shall be payable by the person who for the time being is the owner of such premises. 8uch rentcharge shall be personal estate, and shall begin to accrue from the day of completion of the works in respect of which such 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 costs of preparing 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 rent- charge by paying to the Board or to the person entitled to receive the expenses in respect of which such instalments are payable or Metropolis MarKKjement {Thames [42 k 43 Vict.] River Preteniion 0/ Flood a) Amtnd- [Chap, cxcviii.] 071 ment Act 187U. such rentcbar«re was orrantetl, or sncli ])iirt thereof respectively as niiiy not liave been defrayed by the half-ycjirly puyraents of such iiistiihnents or rentchar^c respectively already made. Wlienever any annual j)ayiiient i)y way of instalment or rent- charge is under this Act ])ayal)le by the owner for the time being of anv lands, and such owner for thirtv davs after notice reuuiring him to pay the same makes default in ])ayinir the same, tlien and in every such case the J'oard or the ixm-soii entitled tliereto shall be at liberty to require the occupier of such premises to pay the same to them or him, and in case any such occujuer shall for f<»urteen days after notice in writing- by the Board nr person so entitled as aforesaid recpiiring him to make such jiayment make default therein, then and in every such case the Board or such person entitled as aforesaid may recover the amount due in resjjcct of such rentcharge or instalments from such occu])ier in the same manner and with the like remedies in everv respect as if thev or he were overseers of the poor of the parish in which such })remises 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 occu])ier under this section, he shall be entitled to deduct the amount of the same from any i)ayment 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 I'ower to time to time incurred by them under this Act, may a[)i)ly any Ji^^g^^nder moneys raised or authorised to be raised by them under any Act other Acts to of Parliament and not required for the purposes of that Act, and expenses in- also any moneys which they may be authorised to raise for the j!^^^^ ^1({qt purposes of this Act. this Act. 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 ])rincipal Act, and shall be raised and paid accordingly, \_Sce 25 tfc 20 Vict, c. 102, s. 5, and note thereon.'] 35. Nothing in this Act contained shall exempt from liability to As ^tj) liability maintain and repair any bank any ])erson or body who is by Act of l-ertlin^rtood Parliament, by })rescrij)tion, or by reason of tenure, or otherwise by works for law liable to maintain or do any repairs to any bank : Provided ^yi.ich per- always, that whenever any flood works have been executed by any I'^^^^^rof^ body or person in pursuance of this A("t affecting such bank, and parliament, in relief of tlie liability of the person or body liable to maintain or by prescrip- do any repair to such bank as aforesaid in respect of such main- or°otherwis^e tenancc and repair thereof, then and in every such case the person by law. or body so liable as aforesaid shall pay to the body or jierson executing such works such sum as is hereafter in this section mentioned. The sum to be paid by such person or body in resjiect of such works shall l)e such sum' as may be agreed on between such person or body and the body or jierson executing such works as aforesaid, or in default of agreement as may be settled l>y arbitration by the standing arbitrator, who, upon the a})i)lication 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 572 Metropolis Management ( Thames [Chap, cxcviii.] River Prevention of Floods) Amend- [42 & 43 Vict.] ment Act 1879. Eecovery of expenses. As to notices and orders. Agreement between landlord and tenant not to be avoided. 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. 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. [See notes on s. 6.] Miscella?ieous. 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. [_See 18 & 19 Vict. c. 120, ss. 225 a?id 226.] 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 premises or with some inmate of his abode, or if there is no occupier by putting up such notice, plan, or order on a conspicuous j)art 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 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 dut}' 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. [See the Interpretation Act 1889, s. 2U {see Appendix).'] 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 bv him to such landlord. 39. [Saving the rights of the Thames Conservators.] [42 & 43 Vict.] ^^'^''''t' /';A^' A^l \HvL ^''''''' l^^^^^* ^^-^^-^O ^ -^ 40. \_Sariiig the rights of the Duchy of Cor/ucall.'\ 41. \_S(iciiig the I'ights of the Croictt.~\ 42. \_SaviKg the rights of the Croirn in respert of property vested in the Crown or in the Commissioners of Works.~\ So much of 43. From and after tlic j)assiiig of this Act the provisions of and Vo of sections sixty-nine and seventy of the jjrincipal Act, so far as they 1H& 19 Vict, relate to the execution and inaintenancc of flood works and ])anks c. 120. as as defined by this Act by vestries and district boards, shall cease to flood works be in force or to have effect. etc. to cease 44. Every penalty, fine, or forfeiture imposed by this Act, or for ^ ^« i° ^o'^'''^- default or breach of anv refrulation, restriction, or condition made fl!'^!^^^,!;"^* 1 • * ii <■ 1 1 /• 1 1 application oi or imposed in ])ursuance thereof, may be sued for and recovered penalties. by the l^oard, or any officer or servant by them authorised, as if it were a jienulty or forfeiture im])Osed by the j)rincij)al Act, and sliall be paid to the Board and ajijdied by them towards the expenses of carryin*,^ tliis Act into execution, anything contained in an Act made and juisscd in the session holden in the second and third years of the reign of Her })resent Majesty, cha{)ter seventy-one, or in any other Act or Acts, to the contrary notwithstanding. 45. \_Expenses of obtaining Act. Spent.] CHAPTER CCXIX. An Act to authorise thp: sale of a strip of Land adjoining THE Knightsbridge I3aeracks to the I\1etropolitan Board OF Works for the imfrovemknt of the Knightsbridge Road, to transfer the management of a riece of Crown Land at Hampton Court from the Commissioners of Her Majesty's Woods to the Commissioners of Her Majesty's Works, and vest the management of Land left vacant ON the eeconstruction and improvement of Gloucester Gate Bridge, Regent's Park, in the Commissioners of Her Majesty's Woods. [loM August 1879.] [Preamble recites (inter alia) an offer hi/ the Metropolitan Board of Works {in this Act thereinafter called " The Metropolitan Board""*) to })urcha.^e from the Commissioners of Woods a strip of la }u/ {in this Act called ''the Knightsbridge land'"') containing 7,023 sxjjerfcial feet, being part of II yd e Par h Jo iciden Knightsbridge Poad abutting on the Cavalry f3arracks, and the deposit of plans showing the said strip of land in the ofiee of Land Pevenne Peeords and Jnrolments ; and further recites the Crown Lands Act 1851 (14 ct 15 Vict. c. 42).] 1. This Act may be cited as the Knightsbridge and other Crown Short title. Lands Act, 1870. As to the Knightsbridge Lands. 2. It shall bo lawful for the Commissioners of Woods, and ifCommis- reipiested by the Secretary for War and the Commissioners of '^(^JJ^^j"^ ''^ _ Works, they are hereby required to sell and convey for and on poweretl to behalf of Her Majesty, her heirs and successors, to the Metropolitan ^^e'] tiie Board, all the estate, right, and interest of Her Majestv in the T ^f'^l^'*",„ i T- ■ 1 1-1 1 ^ '■> 1 1 II 1 1 ■ i' 1 N ■ bndee land '• Kuigntsbruige land (^colouivd yellow on the dejiosited plan) for to the Mctro- the sum of five thousand pounds, subject to the reservations and politan Board. * Now the London County Council. See 51 & 02 Vict. c. 41, s. 40 (8). Eeservation of right to constnict vaults under pavement. Appropria- tion ot land by Metropo- litan Board. 574 [Chap, ccxix.] ^'''^^'^"^{^^^1 Xf 1879 ^'''^'' ^42 & 43 Vict.] conditions herein-after specified, and the said land shall upon such sale and conveyance vest in the Metropolitan Board for the pur- poses and subject to the reservations and conditions specified in this Act, free from any right to the occupation thereof by the Secretary for War. 3 — 4. [^6- to application of consideration money and date for pay- ment thereof. SpeM.'\ 6. The conveyance to the Metropolitan Board of the said land shall be subject to the right of Her Majesty and of the Secretary for War to construct, hold, use, and maintain vaults under the footway to be formed by the Metropolitan Board as herein-after mentioned either with or without openings between such vaults and the surface, such vaults to be constructed to the reasonable satisfaction of the Metropolitan Board. 6. When, under the provisions of this Act, the said land shall have become vested in the Metropolitan Board, the following provisions shall take effect : 1. The Metropolitan Board shall appropriate such part of the said land as may be necessary for such purpose to the formation of a public foot|)ath next the new frontage line of the barracks of such width and at such level as may be ap- jiroved by the Secretary for War, and shall form, make, and sufficiently pave the same, but subject to the rights of construction of vaults reserved to Her Majesty and the Secretary for War as aforesaid ; 2. The Metropolitan Board shall approjiriate the remainder of the said land to the widening of the Knightsbridge Road, and they shall level, make, and metal the same in such manner that the same may be laid into and form part of the Knightsbridge Road ; 3. The Metropolitan Board shall relay and repave any part of the said road, street, or footpath which they may disturb or alter in the execution of any of the works aforesaid ; and when the said land shall have been laid out, levelled, made, paved, and metalled in accordance with the provisions of this Act the same shall form part of the Knightsbridge Road, and shall thereupon be a public highway, of the same nature, subject to the same control, maintenance, and jurisdiction as the Knightsbridge Road, to which it is hereby added, and the same shall be maintained accordingly. 7. The present site of the said barracks, including any vaults and openings to be constructed as aforesaid, shall remain part of Hyde Park, but so long as the same shall be used or occupied for barrack purposes for the troops of Her Majesty, her heirs or successors, shall be under the charge of the Secretary for War for the time being, and, subject to this provision, the same premises shall be deemed to belong to that part of the said park which by the said Act of the fourteenth and fifteenth years of Her Majesty, chapter forty-two, is placed under the management of the Commissioners of Works. 8 — 12. [Provisions as to Crown lands at Hampton Court and Gloucester Gate Bridge, Regeiifs Park'] 13. All persons shall be at liberty at all seasonable times to inspect the deposited plans at their will and pleasure, paying the simi of one shilling for every such inspection. Present site of barracks to remain part of Hyde Park, but to be under charge of Secretary for War so long as used for barrack purposes. Plans to be open for inspection on payment of fee. [43 & 44 v.cT.] '''''■''';;^;:::J'z'iiit'''''' ^•■'-- 25 ] 5T5 43 & 44 VICTORIA. A.D. 1880. CHAPTKH 2."). An Act fou fl'kthkr amendinc; tmk Acts relatino to the RAISING OF MoNEV I5Y THE ^IeTUuI'OLITAN JioAUD OF WuHKS ; AND FOR OTHER PURPOSES RELATING THERETO. [;^{)th Aoyust 1880.] [Preaml/le rep. 61 & 02 I'icf. c. 22 (X./../.'.).] 1. Tliis Act may be cited as the Metnipdlitiin ]>(»ar(l of AVorks f^hort title. /Moiiev) Act, 1880, and the Metroiiolitan lioard of Wdrks (^I()Ium) :«- Jii-' via. c. &.'!. \ . 'i .^- L i..-(i 1 .lI • 4 ^ 1 -1 . ,* -^ 40 i') to ibtv^ and tins Act may be cited tugetlier as tlie 4i &4.ivici. c. 37. Metropolitan Board of Works (Monev) Acts, 1875 to 1880. \\^^'\ '"'■'•*" rm A 11 ' Construction 2. Ihis Act shall be read and have effect as one wiih rhe Metro- of Act. politan Board of Works (Loans) Acts, 1809 to 1 671, and the i^l"^ Xfc."^ Metropolitan Board of Works flMoney) Acts, 187') to 1n70. ^i ^ 39 vIcl ^ JI. 339 & 40 Vict. c. 55. 4

ruC.na',dS<:hcm,>, L J Modijication xVct \%'^^. L'-^"^!. cxxxi.j 8i:roNr) Sciif.ditle. [/'«/7 I. Li>il of I'liil.K (I ml Opni Sjiacrs Artn rrfirrrd to in «. .''. /{iji Gl & 02 Vict. c. 22 (S.L.Ji.).] Pai:t II. I'iiili(iiihnii id ArU. The Thames Embankment (North) Act, 18(;2, 25 »t 20 Vict. c. l).'.., 20 .s:- 27 Vict. c. 45. Thame.q Emhankracnt (Soutli) Act, IKO."',, 20 it 27 Vict, c 75. ,. „ Auu iidiniTit Act, lHr.4, 27 & 2H Vict. c. exxxv., 27 & 2H Vict. c. 01.* M „ (North and South) Act, ISOK, ;51 & '.Vl Vict. c. cxi., ;ji \- :i2 Vict. c. 4:5.* ,. » (Chelsea) Act, IKOH, 31 & '.Vl Vict. c. c.xxxv., :i2 & :i3 Vict. c. i;34.t (North) Act, 1870, 3:i it 34 Vict. c. xcii. „ „ 1872, 35 it 30 Vict. c. Ixvi. (Land) Act, 1873, 'M) & 37 Vict. c. 40. (South) Act, 1873, 36 Vict. c. vii. Charing Cross and Victoria Embankment Approach Act, 1873, 30 & Wl Vict. c. c. IVfetroiiolitan Board of Works Various Powers Act, 1870 (Chelsea Em- bankment), 31) it 4;» Vict. c. Ixxix. 07 » » »> »» >> ?» )' )) CHAPTER CXXXr. An Act to confirm the Provisional Order of one of Her Majesty's Principal Secretaries of State for the modi- fication OF the Metropolis (Hkiit Street, Islington) Improvement Scheme. [()/// Auyunt l^bO.] \_ricamble reciter 4U & 41 \'ict. c. cxxxiii.] 1. The Order set out in the schedule hereunto annexed is hereby onkr in contirmed. scheen condition, free from buildings * and under proper control and regulation, and for no other purpose, . . . and the board or vestry shall maintain and Iceep the same in a good and decent state, and mav inclose or keep the same inclosed with ])roper railings and gates, and may drain, level, lay out, turf, plant, ornament, light, seat, and otherwise improve the same, and do all such works and things, and employ sucli officers and servants, as may be requisite for the purposes aforesaid, or any of them. Provided that no board or vestry shall exercise any of the powers of management in this Act mentioned with reference to any consecrated ground, unless and until they are authorised so to do by the license or faculty in that behalf of the bishop of the diocese in which such consecrated ground is situate, which license or faculty may be granted by such bishop upon the application of the board or vestry, and may extend to the removal of any tomb- stone or monument,! under such conditions and subject to such restrictions as to the bishop may seem fit. \_\Vor(J.^ omitted Q'' bat such ^[etropolitan Board, veatri/, or district board shall not allotv the playing of amj games or sports therein ") rep. .50 & .51 Vict. c. 32, s. 2.] Byelaws. g. The Metropolitan Board and any vestry or district board may, with reference to any open space, churchyard, cemetery, or burial ground in or over which it has acquired any estate, interest, or control under the provisions of this Act, make byelaws for the regulation thereof, and of the days and times of" admission thereto, and the preservation of order and prevention of nuisances therein, and may by such byelaws imjjose penalties for the infringement thereof, and provide for the removal of any person infringing any such byelaw by any officer of the board or vestry or police constable. Byelaws made under this Act shall be made in the same manner and subject to the same conditions as byelaws made by the Metro- })olitan Board or by a vestry or district board, as the case may be, under the Metro})olis Management Act, 1855. [^Superseded {as reqai-ds the London Count i/ Council) b>/ 53 & 54 Met. c. cxliii. s.i 14—21; and 01 k G2 Vict. c. ccxxi.' s. 61. See also 18 & 19 Vict. c. 120, ss. 202 and 203.] Metropolitan 7, Tj^e ]Metroi)olitan Board or any vestry or district board, and vesm-or where an open space extends into two or more parishes or districts district board two or more vestries or district boards, either with or without the may carry out ]\[etropolitan Board, may jointly carry out the provisions of this Act jointij. p^^^^ ^^j^ j^^^ enter into any agreement, on such terms as may be arranged between them, for so doing and for defraying the expenses of the execution of the Act, and the Metropolitan Board may defray the whole or any part of the expenses of the execution of this Act by any vestry or district board, and any vestry or district board may similarly defray the whole or any part of the expenses of the Metropolitan ]>oard or, where an open space extends into two or more parishes or districts, of any other vestry or district board. * See CO k. 51 Vict. c. cvi. s. 50; 5G & 57 Vict. c. Ixxi. s. 25; 5S & 59 Vict, c. cxxv'ii. s. '15 ; and (ji5 & 04 Vict, c, cclxviii. s, 2'.). t See 5U & 51 Vict. c. 32, s. .S. , |44&.45 ViCT.Ji Metropolitan Ojien Spnct'H Act 18sl. [('hai'. 34.] 583 8. Wliero any open space, ehnrcliyard, cemeteiv, <»i' Imrial ground, I'rovision l)y virtiU! oi'juiy Act of I'iiiliiuncnf, or orliorwise, is cxtiii-parocliiul, 'an*„*i,[!Jl or lornis j)art of sonio ])arisli otlier tliun that which suiTounds the places, saiijc, the vestry or district lioard actiiiLT i"<»r tho parish surrounding the same JMa\ (sirrv ouf, (»r \\\;\\ enter into agreement with anv one or more vestries or district hojirds acting for any othei- parishes, on Huch terms nsnuivhe arraiigerl between them, iinrl may juintly carry out, the ]>r()visions of this Act, and >h:dl have tlie sanu- powers in every respect as if such ojien s])ace, churchyard, cemetery, or Iturial ground were part of the parish or district of such vestry or district board. 9. No estate, interest, oi' right of a prulitahJi^ or benelicial iiatnie rrovbion for in, over, or affecting an open s])ace, churchyard, cemetery, or burial ji°'J|^"'**" ground shall, except with tlie consent of the body or person entitled thereto, be taken away or injuriously aifected by anything done under this Act without c.om})ensation being made for the same : and such compensation shall lie paid by the j\Ietroj)olitan lioard, vestry, or district board by which such estate, interest, or right is taken away or injuriously affected, and shall, in case of difference, be jiscertained and ])rovided in the same manner as if the same com- ]»ensatiou were for the compulsory ])urchase and taking or the injurious affecting of lands under the provisions of the Lands ^ & Vict, clauses Consolidation Act, 1X45, and any Acts amending the same, ^- ^**- 10. All expenses incurred under this Act by the ^Ietrop(ditan Expenses. ])oard or bv any vestrv or district board shall be defrayed out of the funds at their disi)osal respectively, or which they respectively are empowered to raise under the Metropolis Management Act, 1855, and the several Acts amending the same ; and such exi)euses shall be deemed to be ex])enses for which provision is made by such Acts. \_S((jjf'/-^('(/c(/. {((ii /■(■(/(/■/■(/.-! t/tc LoiKhii Count ij Coancil) hij 51 a?i(l 52 Vict. cAl^ part iV. ; and by the London County Council {Mone;/) Acts\^'62—\{)0A:\ 11. This Act shall extend only to the metropolis, and shall not Kxtent of extend to the royal ]iarks or to any land belonging to Her Majesty -^'^■^■ in riirht of her Crown or of her Uuchv of Lancaster, or to anv garden, ornamental ground, or ornamental land for the time being under the management of the Commissioners for the time being of Her IMajesty's Works and Public Buildings or of tlie Conunissi;)ners h & 15 Vitt. for the time beiniz; actin/7/.s- in italics oL^olete. ccxxsn. See the MetageuN Cnii)} (Port of London) Act 1x72,] 13. This Act may be cited" as the Metropolitan Open Spaces Short title Act, 1881 ; and this Act and the ]\Ietropolitan Open Sjiaces Act, 1877, may together be cited as the ^Metropolitan Open Spaces Acts, 1877 and l8bl. K0 4 m 40T }rffropolita}i Board of Works caa s a-'kt -i 584 [Chap. 48.] - fir,,,,A ,,,, islV [44&4oVict.] (MoNty) Act 1881. CHAPTER 48. An Act further to amend the Acts relating to the raising OF Money by the Metropolitan Board of Works ; and FOR OTHER PURPOSES RELATING THERETO. [22?ul August 1881.] [^P7'eamble.~\ Short title. 1, This Act may be cited as the Metropolitan Board of Works 3'l4ovicLc.,| (Money) Act, 1881, and the Metropolitan Board of AYorks (Money) 41 l^vicLc. f: Acts, 1875 to 1880, and this Act may be cited together as the 43 & « Vict, c! k Metropolitan Board of Works (Money) Acts, 1875 to 1881. Construction 2. This Act shall be read and have effect as one with the Metro- a^l^vict c 10" politan Board of Works (Loans) Acts, 1869 to 1871, and the ^ I ^' Vict a 47- Metropolitan Board of Works (Money) Acts, 1875 to 1880. 3?i & 40 Vict.' c' .«. 3 — 9. SJntcrpi-ctatlon of the expressions ''''Parks and Open Spaces 41 & 42 Vict! c! si: Acts,'"' '' EndjanJcnient Acts^^ and '^ Ma/'n Drainage Acts'''' — Amend - 'llV\S:ilt. ment of ss. 6, 7, and 10 q/ 43 & 44 Vict. c. 26— Power to the Board to expend money for the purposes of 44 Vict. cc. xviii. aiid cxcii., and for other purposes. Rep. 61 & 62 Vict. c. 22 {S.L.R.)^ 10. \_As to expenses for Fire Brigade purposes till Z\st December 1882. liep. 61 & 62 }^ict. c. 22 {S.L.R.). — Provision as to carrying from time to time to the Consolidated I^oans Fund such sums as the Treasury approve as sufficient to redeem the stock created for the purposes of this section in %) years. Identical with such provision in 38 & 30 Vict. c. 65, s. 3.] 11. \_Power to the Board to expend money ^ up to 31s^ December 1882, under 40 & 41 Vict. c. ccxxxv. and 42 & 43 Vict. c. cxcviii. Rep. 61 & 62 Vict. c. 22 {S.L.R.).^ Power to 12. ...... Board to ex- _ _ _ There shall be repaid (as provided by the Artizans and for purposes Labourers Dwellings Improvement Act, 1875*) to the consolidated of schemes rate out of the local rate, as defined by the Artizans and Labourers °^^^ Vet Dwellings Liiprovement Act, 1875,* all moneys required for pay- c, 36,"" ' ment of dividends on and the redemption of the consolidated stock 38 & 30 Vict, created for the purposes of this section. . . . \_Parts omitted (as to ^•'^^- power to the Board to spend money, up to "^Ist December 1882, for jmrposes of liousing schemes, and proviso that the moneys to be raised and the stock to be created under this section shall only be raised and created in such amounts and at such times as the Board shall actually require and the Treasury approve for the purposes of such schemes) rep. 61 & 62 Vict. c. 22 (S.L.R.).] Special power 13. . . . All the provisions of the Main Drainage Acts and the expend*^ *° Metropolis Management Act, 1855, and the Acts altering or amend- money for ing the same for the time being in force relating to the execution of purpcsesof works authorised by the said Acts respectively shall continue in ^e^anlrmain f*^rce, and shall extend and apply respectively to the works executed sewers. by means of money raised in pursuance of this section, and all stock 21 & 22 Vict, created under the authority of this section shall be deemed to be 26 & 27 Vict created for the purposes of the above-mentioned Acts respectively. c. 68.1 \_Paj't omitted (as to power to the Board to spend, money for pur- 28 & 29 Vict, poses of main drainage and main sewers) rep. 61 & 62 Vict. c. 22 C. rj. t / O T TJ\~\ 18 & 19 Vict ^.'-'•^^•' ' •/• J c. 120. ' 14. \^Power to the Board to pay all expenses up to 2>\st December * Rep. and replaced bv the Housing of the Working Classes Act 1890. t Rep. 32 & 33 Vict, c" 102, s. 50. r, I (. ,- ir n Mctvoiiolitan Hoard of W orl;ti ■-, , ,.,-, ^,,^ •- -J {Money) Act lb*)!. •- -J 18?^2, incidental to ani/ intfuij'tj loith reapect to markets for the sale of food ir'iiJdii the nietropol'iH. Rep. '11 k '"cj Vict. c. 22 (S.L.IL).^ 15. \_J'oiver to the lumrd to lend to ceatries or district hoardti until '^Ut December 1S82. Rrp. 01 & ()2 Vict, c 22 {H.L.R.).—ProviMOn for repai/ntent within a time to be approccd by the Treaisury not exceed- iny an to loans for ivideniny streets or for bridyes and purchase of III lid >> 00 years, and for other purposes 30 yearn ; and in the case of a loan for not exceed inercmber 1862. Rep. 01 & as being present thevent, or of sncl\ persons lieing" members of the I'oard, or of the signature of any person by whom any such copy ])nri)orts to be signed, all which matters shall be presumed until the contrary be proved : and the copies of the minntes so printed, filed, and signed as aforesaid shall lie in snbstitntion for the entries of the proceedings of the l>oard, after the ])iissing of this Act, required to be made, and for the books containing the same required to lie ke])t under the direction of the Board by section sixty of the Metrojtolis ]\lanagement Act, 1855, and all the })rovisions of the said Act referring or relating to such books as aforesaid shall, as to the minutes of jjroceedings of the Board after the passing of this Act, refer and relate to the said coi)ies of the minutes so printed, tiled, and signed as aforesaid, as though thev were the books bv the said section sixty required to be kept. [ If o/r/.s omitted Q' From, and after the pn.^aing of this Act'') rep. 01 & 62 Vict. c. 22 {^S.L.E.). See also 56 & 57 \'ict. c. ccxxi. s. lO.] 34. ^Amendment of s. 15 of 3s & 39 Vict. c. 65. Rep. 61 k 62 Vict. c. 22 {S.L.E.).] First Schedule. \_Particalar.H of new money powers conferred hij this Act. Rep. 61 & 62 Vict. c. 22 (-S'. /..//.).] Second Schedulk. [^Li.^^t of Parks and Open Spaces Acts and Knd>an];ment Acts referred to in s. 3. Reji. 61 k (52 Vict. c. 22 {S.L.R.y\ . .^ - CHAPTER XVni. *An Act to confirm a ScHEMK under the METROrOLITAN Commons Act, 1S66, and the Metropolitan Commons Amendment Act, 1869, relating to Brook Green, Eel Brook Common, Parson's Green, and another Piece of WASTE Land adjoining the King's IIoad. \}^rd June\%%\?^ \Preamhle recites that the Inclosure Commissioners for Kngland and Wales\ hare, in pursaancc of the Metropolitan Commons Act, 1866, and the Metropolitan Cowmons Amendment Act, 1869, dulg certified a Scheme for the eirt tiUo. ('(millions Sii])j)lcin('iitul Act, \Hx\. sen EDI IJ-; Tim: Mkikui'iii.i i an Commons A< r, iKtid and IHClt. Sciir.MK with respect to Bkouk rji;i;r.N, Eki, Buook Common, Paijson'.s GuKKN, and a narrow piece of waste land adjoining the King's Road. [Preamble to the Scheme recltex that ati action Ix pent/iiir/ in the dhameni Dirikion bftirrrn Willntm llennj Lainmiii and others suing for iheniKelcex and other pevHOitA untitled to ri(/htn of common and ciixtomnni riglitx of recreation over certain commonx or waste lands in the manor of fidhain, and the Metrojiolitan Hoard of Works* {^herein-after referred to as the Board) as phiintijf's af/<,iou r-i\ ^ -n -m [44 (k 45 Vict. ^.. „ , , ,.,r,i [(Jhap. Ixxxi.] o91 •- Of roirera Act 18>>1. l J rec('iviii<( notice to that cilect tVfjiii the Local ]V)ar(l tlie Local f'"" execution ]}oanl may serve a notice U])on the lioard at their piincijial ofHce in 1^"''^,^^^^"^ the mctro})olis re(inirin()ard may restore tlie said sewer the said bridge or the said embankment or the masonry brickwork or structure thereof or the works connected therewith or the works so executed by them in jmrsuance of this Act or the part or ])arts thereof which may be injured in such manner and to such extent as the Board may think necessary or expedient for such ])urposes and to obviate the recurrence of any such iujury as aforesaid. 11. The l^oard may for the purpose of executing any works under rower to the authority of this Act from time to time enter upon and use any enter upon road or lands belonging or re])Uted to l)elong to the Local ]>oard LocaVfioard. and niiiy during the execution of such works stoj) the traffic on the said roads or lands for such time or times as may in the o})iuion of the Board be necessary. 12. The engineer to the Board or any other person from time to Power to time a])pointed by the Board may frorn time to time inspect any ^""J':)!^^ works buildings or premises subject to the control of the Local ^^'" "'■ Board which in the opinion of the engineer to the J'oard are in anywise affecting or likely to affect the said sewer the said bridge or the said embankment or the nuisonrv brickwork or structure thereof or any works connected therewith or any works executed by tlie Board in ])ursuance of this Act or any part or ])arts thereof and for that purpose may at all reasonable times in the daytime after forty- eight hours' notice in writing has been given to the Local Board or in case of emergency without notice enter himself or with workmen upon any lands of llu' Local Board and in to or upon any suih lauds works buildings or j)remises and may cause the soil of such lands to be dug into and (»j)ened and the wooilwork brickwork masonry or structure of such works buildings or ])remises to be cut into wher- ever such engineer or })erson thinks fit doing as little danuige as may be and if any person obstructs or attempts to obstruct or incites any person to obstruct the engineer or such person or workmen in KAo m^.^ 1 ••• n Metropolitetii. hoard of It o/ ■/',>,• r^^ p ^^tt n 592 Chap, cxlvm.1 ru / n \ a *^o^■^ [44 & 45 Vict.1 •- -J (Hackney Commons) Act 1881. ^ J the exercise of any of the powers conferred b}" this section he shall for every such offence be liable to a penalty not exceeding five pounds to be recovered in a summary manner before two Justices by the Board. Costs of ;j^3^ Y^a amount of all costs and expenses from time to time paid by Local ^"<^^^i'^"6^ by the Board in the execution by them of any works in Board." pursuance of this Act and in the maintenance alteration or repair of the same and the expenses of any inspection made by them in pursuance of this Act including therein a proportion of the expense of the officers on the permanent staff of the Board shall from time to time be ascertained and certified by the engineer to the Board and the Local Board shall from time to time within one month after the same shall have been so ascertained and certified as aforesaid and notice thereof in writing has been forwarded by the Board to them at their office pay such amount so ascertained and certified as aforesaid to the Board and in default of such payment the Board may from time to time recover from the Local Board the several amounts of all such costs and expenses so ascertained and certified as aforesaid together with full costs and charges by all and the same means as any simple contract debt is recoverable. Local Board 14. The Local Board sliall be liable to pay and shall pay to the money paid Board any damages penalties costs charges or expenses which the by Board on Board may become liable to pay and shall pay in respect of any account of injury or loss consequent upon the execution by them of any works amages, etc. i^^^jg,^. f]^g authority of this Act (whether such injury or loss occurs either during or after the construction or in effecting the mainten- ance alteration or repairing of such works) or in or by the enjoy- ment or user thereof or the making of any inspection or the doing of any act or thing under the authority of this Act excej^t where such injury or loss arises from any wilful neglect by the Board their officers or servants in or about the executing of such works or the making of such inspection or the doing of such act or thing and all moneys paid by the Board on account of any such damages j)enalties costs charges or expenses shall be repaid to the Board by the Local Board on demand and in default thereof may be recovered by the Board from the Local Board as any simple contract debt of like amount. • • » * • • [7y- -J Uliiclnioi ( ommons) Act 1881. ^ J " Me ohjecta of the .said Scheme it is expedient that the Metropolitan Board of Worlm * (in thi.f Act referred to an " the Jionrd''^ ) lihould he empowered to ac(juire certain lands premisea estates riyhts and interests in and ajf'ccting the said Commons as herein-after mentioned ; and recites the agreement set forth in the schedule and that it is expedient that the same should he confirme(f.'\ 1. This Act may be cited for nil purposes as the Metropolitan short title. Board of Works (Hackney Commons) Act l.s81. 2. The recited agreement so far as the same is set forth in the '"oniirmation schedule to this Act annexed (in this Act referred to as the scheduled -^f agreement, agreement) is hereby confirmed and made binding on the several parties thereto and the Board are hereby autiiorised to carry the said agreement in so far as it relates to them into effect and shall have and may exercise all such powers and authorities and do all such acts as may be necessary for sucii ])nrpose. 3. \_Kxpenses of scheduled agreement and oj ohtaining Act. Spent. ^ SCHEDULE. [Heads of an agreemerit {dated SO/A June 1880) proponed to he entered into l)etween William Amhurst Ti/snen Amherst Esquire and the trustees of his marriage settlement (therein-after called the Trustees) of the one jiart and the Metropolitan Hoard t Hackney and Stej>ney) but not so as to prejudice any rights of the said trustees as owners of property in Hackney in their own right except as herein expirssly provided. * Now the Londou Couutv Council. See 51 ic 52 Vict. c. 41, s. 40 (8). 38 594 [Cnip. cxcii.] Metropolitan Bridges Act 1881. [44 & 45 Vict.] (b.) Purchase 2)r ice should be £33,000. (c.) The purchase should include : — 1. All rights which the said William Amhurxt Tyssen Amherst or the said trustees possess either as lord or lords of the manor or as severalty ovmerg of Lammas lands over the lands hereby contracted to be sold atul all rights to and interests in respect of the gravel sand brick earth or other minerals lying under such lands and all rights of inclosing or authorising enclosures of any part of the waste or other lands comprised in the said Hackney Commons Scheme. 2. All his or their rights of common {if any) over the said lands. 3. All his or their rights as lord or lords of the manor to the royalties on brick earth irhich were reserved on the enfranchisement of certain parts of London Fields and Wells Street Common and all other rights of every hind over any parts of the lands comprised in the said Hackney Commons Scheme which have at any time heretofore been enfranchised. 4. All benefits accruing in resiwct of the rights of escheat and forfeiture uhich he or they may possess as lords of the manor in respect of all the lands comjjrised in the said Hackney Commons Scheme. The rights mentioned' in this present head (c) to be extinguished and determined or at the option of the Board to he kept on foot for their benefit if and so far as circumstances icill alloiv. Provisions as to title and C07iveyance and as to the Board obtaining an Act of Parliament emihling them to purchase. Spent.^ CHAPTER CXCII. An Act for enabling the Metropolitan Board of Works tO' CONSTRUCT New Bridges over the Thames at Putney and Battersea with Approaches thereto ; to alter and re- construct Vauxhall and Deptford Creek Bridges ; for amending the metropolis toll bridges act 1877 ; and- FOR OTHER PURPOSES. \\lth August 1881.] {Preamble recites (inter alia) 40 & 41 Vict. c. xcix. aiid that the Board have acquired thereunder (amongst others) the existing bridges known as Fulham or Putney Bridge, Battersea Bridge, Vauxhall Bridge, and Deptford Creek Bridge, and that the said Fulham or Putney Bridge and the said Battersea Bridge are in a dangerous condition and unfit for general traffic, and that the said Vauxhall Bridge is so constructed as to be inconvenient to navigation, and that the said Deptford Creek Bridge is unsafe for general traffic, and also recites an agreement of the Ath June 1863 between the fiammersmith Bridge Company and the Brentford Gas Company u'ith respect to lighting certain lamps on the Hammersmith Bridge and the approaches thereto, and to the laying of mains along the said bridge.~\ 1. This Act may be cited as the Metropolitan Bridges Act 1881. 2. {^Incorporation of Lands Clauses Acts. Spefit.'] 3. In this Act the following words and expressions have the tion of terms, several meanings hereby assigned to them nnless there be something in the subject or context repugnant to such construction (that is to say) :— " The Board " shall mean the Metropolitan Board of Works * ; " The improvements " shall mean the bridges approaches roads and works by this Act authorised ; " Deptford Creek Bridge Act " shall mean the Act passed in the forty-third year of King George III. intituled " An Act for building a bridge over the Hiver Ravensbourne at or near its. * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). Short title. Interpreta- 43 Geo. 3. c. cxxxi. [44 & 45 Vict.] Metropolitan Bridges Act 1881. [Chap, cxcii.] 596 month or outlet into tho River Thames in the connty of Kent and for making and maintaining jtroper aj)proaches thereto; " " Road authority " and the term " district " in relation to a road antliority shall have respectively the same meanings as are assigned to the same terms respectivelv in the Tramways Act 33 k m Vict. 187U;* ■ c. 78. " The conservators " means the Conservators of the River Thames ; • ••••■ For the jmrposes of this Act the expression " superior courts " or "court of com])etent jurisdiction" or any other like ex- pression in this Act or any Act wholly or partially incorporated herewith shall be read and have effect as if the debt or demand with respect to which the expression is used were a simple contract debt and not a debt or demand created by statute. \^Parts omitted {dejinition of " Justice " and as to meanings of words in the Lands Clauses Acts incorporated) spent.'] 4 — 5. \^Board to execute Act and mag appoint Committee therefor. Superseded bg the Municipal Corporations Act 1882, s. 22 {see Appendix)., and 51 & 52 Vict. c. 41, ss. 4U and 75.] 6. Subject to the provisions of this Act in the lines according Board may to the levels and within the limits of deviation shown on the ^^^^ bridges deposited plans and sections the Board may make and maintain roads and except as herein-after expressly provided the following bridges works, approach roads and works namely : — (1.) A new bridge across the River Thames (herein-after referred to as " New Putney Bridge ") commencing in the parish of Putney and county of Surrey f at or immediately to the west of the brick pier of the aqueduct carrying over the River Thames the pipes of the Chelsea "Waterworks Company on the Surrey shore of the River Thames in that parish and terminating in the parish of Fulham and county of Middlesex f at or immediately to the west of the brick |)ier of the said aqueduct on the Middlesex shore of the River Thames in that parish ; And in connexion with New Putney Bridge the following approach roads thereto namely : — In the county of Surrey f and parish of Putney. («.) An approach road (herein-after referred to as the " High Street apj)roach road ") commencing in High Street about twenty-live yards south of the junction of Albert Row or Place therewith and terminating at the com- mencement of the New Putney Bridge herein-before described : and {b.) An approach road (herein-after referred to as the "Windsor Street approach road") commencing in "Windsor Street at a point about thirty yards east of the junction therewith of River Street and terminating by a junction with the " High Street approach road" at or near the commencement of the said New Putney Bridge herein-before described ; and In the county of Middlesex f in the parish of Fulham : — {c.) An approach road commencing at or near the point where High Street Church Street and Bridge Street * See Appendix. t Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). 696 [Chap, cxcii.] Metropolitan Bridges Act 1881. [44 & 45 Vict.] meet and terminating at the termination of the said New Putney Bridge herein-before described ; * (2.) A new bridge across the River Thames (herein-after referred to as " New Battersea Bridge ") to be sitnate partly on the same site as and partly on the eastern side of and immediately adjacent to the existing bridge known as Battersea Bridge and commencing in the parish of St. Mary Battersea in the county of Surrey t at or near the " Swan " public-house on the east side of Bridge Road and terminating at or near the wall of the Chelsea Em- bankment at the point where it joins the existing Battersea Bridge in the parish of St. Luke Chelsea in the county of Middlesex t ; And in connexion with New Battersea Bridge the following approach roads thereto namely : — In the county of Surrey t and parish of St. Mary Battersea : — (d.) An approach road adjacent to and on the east side of Bridge Road commencing by a junction with Bridge Road about thirty yards south of Wellington Lane and terminating at the commencement of New Battersea Bridge ; In the county of Middlesex t and parish of St. Luke Chelsea : (e.) An approach road formed in part by altering the level of Beaufort Street from a point about forty yards north of the junction therewith of Lindsey Row and in part by continuing Beaufort Street partly over the site of the approach to the existing Battersea Bridge and partly over the Chelsea Embankment up to and terminating at the termination of New Battersea Bridge ; and (_/.) An approach road formed by altering the level of the roadway and footway of the said Chelsea Embank- ment from a point eighty yards or thereabouts east of Beaufort Street to and terminating in the approach road (g) lastly herein-before described at or near the termination of New Battersea Bridge ; and {g.) An approach road formed by altering the level of Lindsey Row commencing about eighty yards west of Beaufort Street and terminating in the approach road (c') herein-before described where Lindsey Row joins Beaufort Street. (3.) [Alteration of Vauxhall Bridge. Spent. See 58 & 59 Vict. c. cxxix.] (4.) The reconstruction in whole or in part and the widening and altering of the existing swing bridge in the county of Kentt wbich crosses Deptford Creek partly in the parish of St. Alphage Greenwich and partly in the parish of St. Nicholas Deptford and connects Bridge Street in the said parish of St. Alphage Greenwich with Creek Road in the said parish of St. Nicholas Deptford and herein-after referred to as " Deptford Creek Bridge ; " And the Board may make and maintain in connexion with the bridges ajjproach roads and works herein-before described all such viaducts embankments piers wharves walls fences drains stairs * See also 47 & 48 Vict. c. ccxxviii. t Now the county of London. See 51 &; 52 Vict. c. 41, s. 40 (2). [44if)e or ^j^lj^'^'^^^f executing any work therein thereon or thereunder except witli the Board, consent of the Board in writing and in accordance with such terms and conditions not being the exaction of any rent or other valuable consideration as the Board may determine. Provided that nothing in this section contained shall alter or affect any of the provisions of the Telegraph Act 1878. 30. {^Power to the Jioard to d red ye and deepen the Thames for the alteration of Vauxhall Bridge, SpentS\ 31. \^The Board, not with, standing 43 (ieo. 3, c. cxxxi., and 40 ct 41 \'ict. c. xcix., need not provide aferrg during the reconstruction of Pijifford Creek Bridge. Spent."] 32 — 42. \_Period. for completion of improvements limitrd to G years — Provisions as to acquisition of lands — Errors and omissions in plans — Bower to the Board to enter and survey lands to be taken — As to rehousing of labouring class persons — Power to the Board to sell materials. Spoit.'] 43 — 45. [Powers to the Board to grant building leases of surplus land — .l,s to sale of ground rents and reversions thereof — Power to sell such lands without leasing. Superseded 62 & 63 Vict. c. ccxxxvii. s. 23; see ibid. .ss. 19 — 22.] 46. The Board may from time to time let either from year to Board may year or for a term at rack-rent or exchange or otherwise dispose of J®* f'^^ any building or lauds or any part thereof acquired by them under this Act and not required to be laid into and to form part of the improvements or any of them and may execute and do any deed act or tiling proper for effectuating any such lease exchange or other disposition. 47. \_Board within such period a.s the// fhinhft after thr completion of the improvements to sell surplus lands. Superseded 47 & 48 Vict. c. 60, s. 23.] 48. The receipt of the Board for any jjurchase moneys rents or Receipts of ])rotits or other money payable to the Board by virtue of this Act ^j^pjfy!^ ^ sliall be a sufficient and effectual discharge for the money in sut-h dischai^es. receipt expressed or acknowledged to be received and the person r(» whom the same shall be given shall not afterwards be answerable or accountable for the misapplication or nonaitplication of the money in such receipt expressed or acknowledged to be received. 49. [Period for compulsory purchase of lands limited to 5 years. Spent.] 50. The Metropolis Toll Bridges Act 1877 shall in so far as it Approach relates to Hammersmith Suspension Bridge and the approach roads J^^l^nj^r- thereto be read as if the roads following (that is to say) : — smith Bridge. (a.) The road in the parish of Hammersmith in the county of Middlesex * called Bridge Koad leading from the north end of the Hammersmith Bridge to Hammersmith Broadway ; (b.) The road in the parish of Barnes in the county of Surrey from the south end of the said bridge to and across Barnes ♦ Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). 602 [Chap, cxcii.] Metropolitan Bridges Act ISSl. [44 & 45 Vict.] Common to the point where it joins the road leading from London to Richmond ; (c.) The road in the said parish of Barnes aforesaid and in the parish of Putney in the said connty of Surrey or one of them now known as Lonsdale Road leading from the last- mentioned road to the village of Barnes at the junction of the said Lonsdale Road with the towing-path on the bank of the River Thames ; had been therein expressly defined to be approach roads to the said bridge and part of the undertaking of the Hammersmith Bridge Company and the said Act shall as from the passing of the same be construed accordingly. And as from and after the transfer to and vesting in the Board of the undertaking of the said Hammer- smith Bridge Company under and by virtue of the said Act the said roads shall be public highways and shall be maintainable and repairable and shall be lighted as other public highways in the district in which the same are situate respectively and as from and after such transfer and vesting the Hammersmith Bridge Company shall cease to have or exercise any estate right title powers authorities or privileges in over or affecting the said roads or any of them and shall be absolutely free and discharged from any obliga- tion or liability whatsoever to repair maintain or light the said roads or any of them. Agreement as 5X_ The Said agreement between the Hammersmith Bridge Hammer"^ ° Company and the Brentford Gas Company bearing date the fourth smith Bridge day of June eighteen hundred and sixty-three so far as it relates to be binding to lighting Certain lamps on the Hammersmith Bridge and the upon oar . ajiproaches thereto but not further or otherwise in force immediately before the transfer to and vesting in the Board of the undertaking of the Hammersmith Bridge ('ompany shall as from and after such transfer and vesting be as binding and of as full force and effect in every respect against or in favour of the Board and may be enforced as fully and effectually against or by the Board as if the Board were the said Hammersmith Bridge Company and such transfer and vesting had not taken place and the Metropolis Toll Bridges Act 1877 had not been passed and the said Hammersmith Bridge Company as from such transfer and vesting are hereby absolutely freed and discharged from any obligation or liability whatsoever under the said agreement. Provided always that nothing herein contained shall prevent the Board and the said Brentford Gas Company by agreement varying or determining the said agreement of the fourth day of June eighteen hundred and sixty-three or making a new agreement in lieu thereof or by way of addition thereto. 52. [Saving the rights of the Commissioners of Works.^^ 53. \_Savirig the rights of the Crown.'] 54 — 55. [^l.s- to interference with the bed of the river and taking of gract'l therefrom. Spent.] 56. \_Saving the rights of the Tliames Conservato/'S.] Protection of 57^ Notwithstanding anything in this Act contained it shall not and Hans ^^"^ ^^^ lawful for the Board to use or permit to be used any lands taken Sloane by them which are comprised in the family settlement of the Right Stanley. Honourable George Henry Earl Cadogan or in the family settlement of Hans Sloane Stanley for the purpose of erecting thereon any manufactory warehouse or model lodging-house or any buildings of C45&'40ViCT.] ^'^''^^MTey^^^^^^ t^-'«^^- =^^'^ ^'^^ a similar character ami every lease to he (granted or conveyance made l»y the Board shall contain projjcr clauses prohihiting the respective lessees and grantees from infringing the aforesaid pro- visions. 58. {Expenses of obtaining Arf. Spent.'] 45 & 46 VICTORIA. A.D. 1882. CHAl'TER 33. An Act further to amend the Acts relating to the raising OF Money by the Metropolitan Board of Works ; and FOR other Purposes. [lOM August 1882.] ^Preamble rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 1. This Act may be cited as the Metropolitan Board of Works Short title. (Money) Act, 1882, and the Metro])olitan Board of Works (Money) Acts, ISTo to 1881, and this Act, may be cited together as the Metropolitan Board of Works (Money) Acts, 1875 to 1882. 2. This Act shall be read and have effect as one with the Construction Metropolitan Board of Works (Loans) Acts, 1^69 to 1871, and the of Act. Metropolitan Board of Works (Money) Acts, 1875 to 1881. 3 — 10. \_Interpretntion of the expi'essiott.s " P'/rl'S and Open Spaces Acts,'''' " Embankment Acts,^'' and " Main Drainage Acts " — Amendment of ss. 1, 9 {e), 10, and 13 (t/' 44 & 45 Vict. c. 48 — Power to the Poard to contribute to improvements at If\st December 1883 to the School Board for London. Rep. 61 & 62 Vict. c. 22 (S.L.R.f— Pro- vision for repayment ivithin a time to be approved by the Treasury not exceeding 50 years. Superseded by 2 Edw. 7, c. 42, .s*. 5 and %nd Schedule ; and 3 Edw. 1, c. 24, s. 1.] XI** * • • • • Where the Board under the authority of this Act create consolidated stock to raise money for the purpose of the Fire Brigade Act, 1865, or to enable them to make a loan repayable within thirty years from the date of such loan, the Board shall from time to time carry to the ConsolidatedLoans Fund such sums as the Treasury approve as Ijeing in their opinion sufficient to redeem within the period of thirty years from the date of the creation of such stock, or in the case of any such loan within any lesser period for which the same may be made, an amount of consolidated stock equal to that so created ; and Where the Board are by this Act authorised to make a loan repayal)le within thirty years from the date of the loan, the Board, instead of raising money for any such loan by the creation of con- solidated stock, may use for any such loan any moneys for the time being forming part of the Consolidated Loans Fund, and not required for the payment of the dividends on consolidated stock ; and Where the Board raise consolidated stock for the purpose of any scheme made by the Board under the authority of the Artizans and Labourers Dwellings Improvement Act, 1875,* and confirmed by Provisional Order and Act of Parliament, there shall be repaid (as provided Ijy the Artizans and Labourers Dwellings Improvement Act, 1875,*) to the consolidated rate out of the local rate as defined by the said last-mentioned Act, all moneys required for payment of dividends on and the redemption of all consolidated stock created for such purpose. [Part omitted (as to power to the Board to create consolidated stock to raise money for the purposes of this Act) rep. 61 & 62 Vict, c. 22 (S.L.R.).^ 18—26. [Provisions as to metropolitan bills. Rep. 61 & 62 Vict, c. 22 {S.L.R.).'] 27. All sums received by the Board in respect of interest on or principal of any loan made l)y them under this Act shall be carried to the Consolidated Loans Fund. 28. [Borrowing powers. Rep. 61 & 62 Vict. c. 22 {S.L.R.)i] First Schedule. [Particulars of new mo7iey powers conferred by this Act. Rep. 61 & 62 Vict. c. 22 {S.L.R.).'] Second Schedule. [List of Parks and Open Spaces Acts and Embankment Acts referred to in s. 3. Rep. 61 & 62 Vict. c. 2Z {S.L.R.).] * Rep. and replaced by the Housing of the Working Classes Act 1890. CAK e Af \r ^ -, Metropolitan Board of Works rtx i • -i ^^ ^ 1 45 «fe 46 V ICT. /I' • D \ a\ iooo rOHAi*. Ivi.l 605 •- -^ {Various Foivers) Act 1882. ^ -J CHAPTER LVI. An Act to confer various Pcjwers on the Metropolitan Board OF Works and to amend certain Acts relating to that Board. \\\)t/t June 1882.] [Preamble recites that b;/ an agreement of the Wth November 1881, set forth in the first part of the schedule to the Act, the churchirarileus and overseers of St. Gileses, Camberwell (who and ivhose successors are in the said agreement and herein-after referred, to as '■^ the chiirchncardena and overseers^'') and the vestry of St. Giles's, Camberwell {in the said agreement and herein-after referred to as '''■the vestry'''') agreed to sell and the Metropolitan Board of Works agreed to purchase for public open spaces certain lands set forth in pa?'t.s II. and III. of the .so id .sche(/ule, and recites that it is expedient that the Jioard should be empoivered to enlarge and improve Tooting Beck Common, controlled by the Board under 36 & 37 Vict, c. Ixxxvi., and that the Board should be empowered to make byelaics for bridges vested in them or which they may be authorised to construct and for the embankments vested in them, and that it is expedient to confer further poicers on the Board to regulate theatres and places of public resort, and with respect to inundations from the Thames.'] 1. This Act may be cited as the Metropolitan Board of Works Short title. (Various Powers) Act 1882. 2. \Jncorporation of Lands Clauses Acts. Spent.] 3. In this Act the following words and expressions have the interpreta- several meanings hereby assigned to them, unless there be some- ^^^^ ^^ terms, thing in the subject or context repugnant to such construction (that is to say) : — The expression " the Board " means the Metropolitan Board of "Works * ; The expression " the metropolis " means the metropolis as defined by the Metropolis Management Act 1855 ; 18 & 19 Vict. The expression " Justice " means Justice of the Peace acting for *^- ^-^• the county borough liberty or place where the matter re- quiring the cognizance of any such Justice shall arise and who shall not be interested in the matter. . . . The expression " the street improvement " means the widening of Tooley Street and the works connected therewith by this Act authorised : The expression " the improvements " means the street improve- ment the ]iroviding of open spaces and the improvement of Tooting Beck Common and the works connected therewith respectively by this Act authorised ; The expression "scheduled agreement" means the agreement set forth in the first part of the schedule to this Act annexed. \_Part omitted {definition of '■'■ two Justices,'' ^'lessee," and '^person," and as to meanings of words in the Lands Clauses Acts incorpor- ated) spent.-] ^^^^ ^^ ^ 4. This Act shall be carried into eflect bv the Board, carried into effect by * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). Board. 606 [Chap. Ivi.] Metropolitan Board of Works (Various Powers) Act 1882. [45 & 46 Vict.] Power to 5. Subject to the provisions of this Act in the lines according to make^wMen- ^^^ levels and within the limits of deviation shown on the deposited ing of Tooley plans and sections the Board may make the street improvement street. following (that is to say) : — The widening of Tooley Street on the southern side thereof in the 2iarishes of St. Olave Southwark and St. John Horsleydown or one of them in the countv of Surrev * commencing: in the parish of St. Olave Southwark or of St. John Horsleydown at the junction of Tooley Street with Bermondsey Street and terminating in the parish of St. Olave Southwark at the junction of Tooley Street with Dean Street. • ••••• [Part omitted {poicer to the Board to acquire lands) spent.^ 6 — 8. [Power to the Board to stop ujj tvays during tcorks, to raise or loicer streets, ajid to deviate. Spent.'] 9. [Power to the Board to make subsidiary works, to stop up and appropriate streets, and to alter sewers and drains on providing sub- stitutes, which are to be under the same management as existing sewers and drains.] 10 — 11. [Power to the Board to alter the position of icater, gas, and. other pipes and to lag out carriageways. Spjent.'] 12. [As to laying of pavement and vesting the same when laid in the St. Olave s District Board.f] 13. [Power to the Board to fill up sewers and drains on providing substitutes, which are to be under the same management as existing seivers and drains.] 14. [Power to the Board to alter steps, areas, pjipes, etc. Sjyent.] 15. [Ground laid into the public .street to form part thereof, and to be under the management cf the St. Olave's District Board.]] 16. [Period for the execution of ivorks limited to 4 years. Spent ^ 17. Subject to the provisions of this Act the Board may maintain in the said parish of St. Giles Camberwell as open spaces to be dedicated to the perpetual use thereof by the public for exercise and recreation as by this Act provided the lands known as Peckham Rye Goose Green and Nunhead Green and described in Part II. of the schedule to this Act annexed and such part of the lands (if any) described in Part III. of the schedule to this Act annexed as they may think expedient all which lands are delineated on the deposited plans and described in the deposited book of reference and they may enter upon take use hold and acquire all or any of the said lands described in the said schedule which they may require. [See aho (as to Peckham Pye) 54 & 55 Vict. c. ccvi. s. 51, a?id 55 & 56 Vict. c. ccxxxviii. s. 36.] 18 — 19. [Confirmation of scheduled agreement — As to p>ayment and application of consideration thereunder. Spent.] 20. From and after the day of transfer all the estate right title and interest of the churchwardens and overseers and the vestry in or to the lands described in Part II. and Part III. of the schedule to this Act annexed agreed to be conveyed and assigned under the scheduled as:reement shall be transferred to and vest in the Board Power to Board to maintain Peckham Eye etc. as open spaces. Land described in Parts II. and III. of schedule vested in Board. * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). f Now the Council of the Metropolitan Borough of Southwark. Vict. c. 14, s. 4. . See 62 & 63 r^fiir /lA VT^mi Metropolitan Board of Works p^, , . -, ^,,„ [45 & 46 Vict.] ^ yj.^^^ p^^,^^.^^ ^^^ ^ 3^,^ [Chai'. 1 vi.] 60 / absolutely and they shall be entitled to immediate possession of the Commons siime and the Board shall hold the said lands described in Part 11. '^fJ]^^'^ of the said schodnio and if the I5oard thinks it expedient the lands spaced! "^^"^ described in Tart 111. of the said scheihile or so much of the same (if any) as the Board may think suitable for such purj)0se as open spaces for the perpetual use thereof by the public for exercise and recreation and the ]')()ard may from time to time make such ])ro- vision as may be necessary for maintaining and protectinc^ the said open spaces. Saving always to all persons and bodies politic and corporate and their respective heirs successors executors and administrators all such estates interests or rights of a profitable or beneficial nature in over or affecting the open spaces or any of them or any part thereof as they or any of them had before the con- firmation of the scheduled agreement by this Act or could or might have enjoyed if the scheduled agreement had not been confirmed by this Act except only so far as any such estates interests or rights are or shall be acquired by the Board under the scheduled agreement or shall be acquired by the Board by consent or by purchase whether by agreement or compulsorily under the powers conferred by this Act for the purchase of the same with a view to their acquisition by the Board or their absolute extinction. 21. From and after the day of transfer all the provisions of the Open spaces Metropolitan Board of Works Act ls77 with respect to the making *^ ^^ ^)!^.j°^* contents confirmation approval allowance publication and evidence of 4()*&;^4\°°* of byelaws and to securing the observance of the same and to Vict. c. viii. penalties and proceedings before Justices and the recovery and ^■''^° ^>'^^^^^* a])plication of penalties and generally with respect to the parks and heaths or commons shall extend and apply to the said open spaces as if the said open spaces had been included amongst the ])arks heaths and commons in respect of which byelaws were by the Metropolitan Board of Works Act 1877 authorised to be made by the Board. [_See 53 & 54 Vict. c. ccxliii. as. 14—21, and 01 k 62 Vict. c. ccxxi. s. 61.] 22. Subject to the provisions of this Act the Board may enlarge Power to and improve Tooting Beck Common by the addition thereto of'J^^Jov% t certain lands in the said parishes of Streatham and Tlapliara and il^g Beck county (if Surrey * delineated on the deposited plans and coloured Common. pink thereon and may for such purpose enter upt)n take or use and acquire the said lands and may by way of consideration for the acquisition of part of such lands grant and convey by way of exchange the lands in the said parish of Streatham delineated on the deposited plans and coloured blue thereon in the manner and subject to the conditions by this Act prescribed. 23. The Board on the one hand and the master fellows and Power to scholars of Emmanuel College in the University of Cambridge on ^°'Y^ ^°^ the other hand may at any time after the })assing of tliis Act enter of Emmanuel into and carry into etiect an agreement or agreements with respect College to to all or anv of the matters following (that is to say) :— *°1® *^° , / 1 \ rin " 1 !• i. • 1 1 • J 1 -1 ,. .1 1 exchange of (1.) ihe exchange ot certain lands m the parish ol Streatham lands for im- and county of Surrey * now vested in the l^oard and provomcnt of forming part of and adjoining Tooting Beck Common and J^'^'^^^^^^ ^^^ck D- T if i. • 1 1 ii X 1 . Common. ragmire Lane tor certain lands near thereto the property of the said master fellows and scholars and forming parr of Hyde Farm in the parish of I'lapham and in the said * Now the county of London. See 51 & 52 Vict. c. 41. s. 40 (2). 608 [CH.P.lvi.] fCrf/i^^M^^st [4-5&4«V,cx.] county of Surrey * all which lands are delineated on the deposited plans and described in the deposited book of reference and the vesting of the said first-mentioned landii in the parish of Streatham in the said master fellows and scholars freed and discharged from all rights of common rights of way and other public and private rights in over or aifecting the same ; (2.) The extinction or transfer to the Board of all rights of way rights of common and all other rights of the said master fellows and scholars in over or upon the said lands in the parish of Clapham or in over or upon Tooting Beck Common. And notwithstanding anything in this Act contained the Board shall not enter on purchase take use or acquire any estate interest or right of the said master fellows and scholars in to over or upon the said lands in the parish of Clapham or Tooting Beck Common otherwise than by virtue of and in accordance with an agreement or agreements made under the authority of this section. And for the purpose of making and carrying into effect any such agreement or agreements this Board and the said master fellows and scholars respectively shall subject to the provisions of this Act have and may exercise all such powers and do and execute all such acts matters and things as may be necessary. From and after the vesting in the said master fellows and scholars of the said lands in the parish of Streatham forming part of and adjoining Tooting Beck Common and Dragmire Lane under and by virtue of any agreement or agreements made between the Board and the said master fellows and scholars under the authority of this Act the said lauds shall be freed and discharged from all rights of common rights of way and all other public and private rights in over or aifecting the same and all such rights shall be and the same are hereby extinguished and the said lands shall cease to be or form part of Tooting Beck Common and to be subject to the provisions of the Scheme relating to Tooting Beck Common con- firmed by the Metropolitan Commons Supplemental Act 1873 and the Metropolitan Board of Works Act 1877 and the said Scheme and Act shall resjiectively be construed accordingly. Lands in 24. All lands in the parishes of Streatham and Clapham Streatham acquired by the Board under the powers of this Act by purchase and Clapham or exchange or otherwise shall forthwith thereafter be added to acquired by ijecome and be part of Tooting Beck Common and the same shall form part of ^^ subject to the cxercise of all rights in over or upon Tooting Tooting Beck Beck Common in all respects as though the said lands so added Common. formed part of the lands immediately before passing this Act subject to the provisions of the Scheme relating to Tooting Beck Common confirmed by the Metropolitan Commons Supplemental Act 1873 and the jjrovisions of the said Scheme shall extend and apply to the lands so added as though the same were included in the lands immediately before the passing of this Act subject to the provisions of the said Scheme and all byelaws with respect to Tooting Beck Common made by the Board under the provisions of the Metropolitan Board of Works Act 1877 and immediately before the passing of this Act in force or hereafter to be made by the Board under the provisions of the Metropolitan Board of • Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). [45 & 46 Vict.] f/Z^Politan Board of Wor/c. ^^.^^^^ j^.j -j ^^^ L -• (Various Powers) Act 1882. •- -■ Works Act 1877 and all the provisions of the said last-mentioned Act with respect to the making contents confirmation ai)proval allowance publication and evidence of byelaws and to securing the observance of the same and to penalties and proceedings before Justices and the recovery and applicution of ]»enalties and generally with respect to the ])arks and heaths or commons shall extend and apply to the said lands so added as though the same had at the time of the passing of the said last-mentioned Act formed part of Tooting Beck Comuion and been included amongst the parks heaths and commons in res])ect of wiiich byelaws were by the said last-mentioned Act authorised to be made by the Board. And the provisions of this section shall after the exchange of lands effected by any agreement or agreements made under the authority of this Act between the Board and the said master felh^ws and scholars be by way of full compensation and in discharge of all claims in respect of any rights whether ])ublic or private in over or affecting the lands in the parish of JStreathara taken in exchange by the said master fellows and scholars under any sucli agreement or agreements as aforesaid. \_See notes on 40 & 41 Vict. c. viii. ichich apply here; see also 53 & 54 Vict. c. ccxliii. ss. 14 — 21, and 61 k 62 Vict. c. ccxxi. s. 61.] 25 — 32. \_Errors and omissions in plans — As to arbitration — As to tahiiiy parts onhj of certain property — Power to the Board to survey lands to be taken — As to rehousing labouring class persons — Deficiencies in land tax during icorks — Power to the Board to sell materials. Spent.'] 33 — 35. \_Power to the Board to grant building leases of surplus lands — As to sale of ground rents and recersions thereof — Power to sell suck lands tcithout leasing. Superseded 62 & 63 Vict, c. ccxxxvii. s. 23. See ibid. ss. 19 — 22.] 36. The Board may from time to time let either from year to Poard may year or for a term at rackrent or exchange or otherwise dispose of '®^^'^^^®- any building or lands in the said parishes of St. Olave Southwark or St. John Horsleydown or any lauds described in Part III. of the schedule to this Act annexed or any part thereof acquired by them under the powers of this Act and not ref^uired to lie laid into and to form part of any of the improvements and may execute and do any deed act or thing proper for eflfectuating any such lease exchange or other disposition. \_Spent as to the lands described in part III. of the schedule.'] 37. [^Board within such period as they think Jit after the com- pletion, of any of the improvements for the purposes of which lands in St. Olave Southwark and St. John Horsleydown or any lands described in part III, of the schedule to the Act have been actpiired to sell any part of suck lands not laid into any such improvements. Spent as to sale of lands in part III. of schedule. Remr. super- seded 47 tt 48 Vict. c. 50, .s. 23.] 38. The receipt of the Board for any purchase moneys rents or Receipts of profits or other money payable to the i3oard by virtue of this Act l^oard to be shall be a sufficient antl effectual discharge for the money in such ^isduwes. receipt expressed or acknowledged to be received and the })erson to whom the same shall be given shall not af'terwartls be answerable or accountable for the misapplication or non-ai)itlication of the money in such receipt expressed or acknowledged to be received. 39 — 40. {Period for compulsory purchase of lands limited to 39 610 rpi„._ 1 • -| Metropolitan Board of Works r*^ i ao\t ■^ LHAP. IVl. /T,- • n \ \ J. looo 4o & 46 VlCT.1 '- -■ {vaj'tous Poivers) Act 1882. ^ ^ ^"^ » xv.x.j Power to make bye- laws for 3 years — Poiver to the Board to purchase easements or rights over lands acquired by them within 5 years. Spent.'\ 41. In addition to any byelaws in that behalf which the Board are now authorised to make the Board may from time to time make management and when made repeal amend or alter any byelaws relating to the of bridges. management and regulation of any bridge or bridges within the metropolis vested in them or which they may be authorised to construct or of any embankment vested in the Board and especially byelaws for all or any of the following purposes : — To control and regulate the traffic on or over any such bridge or bridges or such embankments ; To limit the weights of loads to be brought on any such bridge or bridges or such embankments ; To stop wholly or partially traffic over any such bridge or bridges or any such embankment during alteration or repair ; To prohibit the mooring of vessels to any such bridge or em- bankment or other work connected therewith of the Board ; And all the provisions of the Metropolis Management Act 1855 with resj3ect to the making contents confirmation publication and evidence of byelaws and to securing the observance of the same and to penalties and proceedings before Justices and the recovery and application of penalties shall extend and apply to any byelaws from time to time made by the Board under this section. [See 18 & 19 Vict. c. 120, ss. 202 and 203; and 55 & 56 Vict, c. ccxxxviii. 6'. 40.] 42. {Saving the rights of the Thames Conservators^ Saying rights 43. Nothing in this Act contained or in any byelaw to be made by the Board in pursuance of this Act shall lessen prejudice or alter the right or power of the London Gaslight Company * to lay down maintain alter and repair mains and pipes upon over and along any bridge or bridges within the metropolis vested in the Board or which they are authorised to construct or upon over and along any embankment vested in the Board. Provided that when the Board stop wholly or partially traffic over any part of any bridge or embankment in which the Gaslight Company may have any power of laying mains or pipes the Gas- light Company shall on receiving six days notice in writing from the Board of their intention to stop such traffic arrange so far as may be reasonably practicable that any works of laying or repairing mains or pipes which may be or be about to become necessary shall be executed during the period for which the Board shall stop such traffic subject to such regulations as may be reasonably made by the Board with reference thereto. 44. \_Extension tiW^lst March 1888 of the time limited hy 36 & 37 Vict. c. c. s. 25 for the sale of the lands therein mentioned. Super- seded 47 & 48 Vict. c. 50, s. 23.] Board may 45. Where any house or other place of public resort within the ^f\".Yf ^^^°^ metropolis which is for the time being authorised to be kept open for the public pei-formance of stage i)Iays is kept open for such purpose under the authority of letters patent from Her Majesty her heirs and successors or predecessors or of a license granted by the Lord Chamberlain of Her Majesty's household for the time being * Amalgamated with the Gaslight & Coke Company by an Order in Council in 1883 made under 31 &; 32 Vict. c. cxxv. ss. 18— 2i. of the Ix)ndon Gaslight Company of exit from theatres etc. to be kept open. nr £ 4o\T,..r„-] Metropolitan Board of Works rn i • -i an [45 & 46 ViCT.] ^ ^.J^^^ p^^^.^^.^^ ^^/^ jg32. CChap. Ivi.] 611 or by Justices of the Peace * or where any house room or other place of j)ublic resort within the metropolis containin<|^ a sni)erficial area for the accommodation of the public of not less than five hundred square feet which is for the time being authorised to Ije kept oj>ea is kept open for dancing music or other public entertainment of the like kind under the authority of a license granted by any court of quarter sessions * the I'oard may serve a notice in writing ui)on the person by whom such house room or place of j)ublic resort is so kept open re([uiring him to comply with any such requirements as the Board may think expedient with respect to all or any of the matters following (that is to say) : — The times during which the doors or any of the doors affording means of exit from any such house room or j)Iace of public resort shall be kept open during the times fixed for the admission of the public to or the presence of the public in or the departure of the public from such house room or place of public resort. The conditions under which such doors or any of such doors may be closed during the times aforesaid and the persons to be charged with the duty of closing and oj)ening the same. The nature of the fastenings to be used for the purpose of keeping such doors or any of such doors closed during the times aforesaid. The notices to be posted in such house room or place of public resort specifying the means of exit therefrom. In case any such house room or place of j)ublic resort is kept open by any person for any of the purposes aforesaid while all or any the requirements of such notice are not complied with such person shall he liable to a penalty not exceeding ten pounds for every day on which such house room or place of public resort is so kept open after service of such notice. Any person authorised by the Board in writing may at any time during the times fixed for the admission or ])resence of the public and at all other reasonable times enter and inspect any such house room or place of public resort for the ])ur2)ose of ascertaining whether any such notice should be served by the Board with respect to such house room or i)lace of public resort or whether the require- ments of any such notice are comj)lied with and if any jjcrson refuses to admit any person so authorised or to afford him all reasonable assistance in such inspection then in every such case the person so refusing shall incur for each offence a penalty not exceeding twenty pounds. 46. The Board instead of ordcriu'jr anv works of a fixed or lio.ird mav permanent character under the provisions of the Metropolis Manage- 'i"«^'\orise luent (Thames lliver Prevention of Floods) Amendment Act 1S79 of "existing* may when on any premises any dam of a temporary or movable temporary character for the protection of lands within the limits of the said '^'^^"^^ ^^"'^^^*- Act from ffoods or inundations caused by the overflow of the liiver ^."j,_^(,^.^j/ Thames has been erected without the authority of the Board and the Board are of oi)inion that the erection of a dam of a fixed or l)ermanent character on such premises would materially interfere with the transaction of business carried on upon the river side of such premises by order authorise and require the continuance and maintenance of such temporary or movable dam in its existing condition or with such alterations or modifications in the same as ♦ See 51 & 52 Vict. c. 11, s. 3 (v). 612 Amendment of 42 & 43 Vict. c. cxcviii. as to copies of plans. Recovery of penalties. rnr^.x, i„,-n Metropolitan Board of Works rAn s ao-^t -i [Chap. Ivi.] ^ y^^^^^ p^^^^^^ ^^^ ^gg^^ [45 & 46 Vict.] the Board may think expedient subject to snch regulations restric- tions 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 jiroper. "Where the Board have authorised the continuance and main- tenance of any dam of a temporary or movable character subject to any regulations restrictions or conditions any person making default in the due observance or committing a breach of any of the same shall be liable to a penalty not less than twenty pounds and not exceeding fifty pounds and in case of a continuing offence to a further penalty not less than twenty pounds and not exceeding fifty pounds for each day after the first during which such default or breach continues but save as aforesaid 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, 47. From and after the passing of this Act it shall not be necessary to transmit to any body or person more than one copy of any part of the plan or of any part of any of the plans from time to time prepared and constituting together the plan referred to in section 7 of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 or of any other plan which the Board may from time to time cause to be jirepared in accordance with the said Act. 48. Every penalty imposed by this Act upon any person with reference to any house room or place of public resort 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 Metropolis Management Act 18.55 and the Acts amending the same; and every penalty imposed by this Act upon any person making default in the due observance or committing a breach of any regulations restrictions or conditions made by virtue of this Act with respect to the continuance and maintenance of any dam of a temporary or movable character may be recovered by the Board or any officer or servant by them authorised in like manner and subject to the like right of appeal as if the same were a penalty imposed by the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and the same shall be applied towards the same purposes as penalties under the said Act : Provided always that in any proceedings against any person for more than one penalty in respect of one or more breach or breaches of any provision of this Act or of any byelaw made in pursuance 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. [See 18 & 19 Vict. c. 12U, ss. 227 and 231 ; and 42 & 43 Vict. c. cxcviii. .S'5. 4 and 44.] 49. {Saving the rights of the Crown and the Commissioners of Works.'\ 50. \_Saung the rights of the Crown.'] 51. [Expenses of obtaining Act. Spent.] f-A-QAn^r T Metropolitan Street Improvements rr'rT.^ ^-,^^;;-. a^o i4o&4oViCT.1 A uio-'^/A I *\ I *iooo Chap.ccxxii. 613 itJvoT xwi J ^^^ jg^^ (Amendment) Act 18«2. •- -' SCHEDULE referred to in the foregoing Act. Part I. [Afjrfifinieut i)f llth November 1881 between the churchimrdem and overseers of the poor (if St. U ilea's, Oimherwrll, the vextrij nftlie parish of St. (riles's, Curnbcrwell, and the Metropvlitan Board (f Worlcs for the sale to the Hoard hy the said churrh- vxirdeiiH and overseers atid vestry for il.CKX) of PecLhani, liye, Goose Green, and yunhead Green, then under the management of the said vestry and held by the said churchwardens and overseers. Spent."] Part II. The following commons wastes or open spaces in the parish of St. Giles Camberwell in the county of Surrey * (that is to say) : — (1.) Peckham Rye containing .'<5 acres and 2'J poles or therealx)uts. (2.) Goose Green containing 4 acres and 31) poles or thereabouts. (3.) Nunhead Green containing 2 roods 34 poles or thereabouts. Part III. Four small pieces of land in the parish of St. Giles Camberwell in the county of Surrey * situate to the northward of Peckham Rye or Peckham Rye Common and abutting on or near to Peckham Rye Road viz. — (a.) A piece of land containing 12 poles or thereabouts on which a drinking fountain stands situate at the junction of Heaton Road Rye Lane and Copeland Road. (h.) A piece of land containing 6 poles or thereabouts abutting on the eastern side of the open space in front of the "White Horse Inn in Peckham Rye Road or Nigel Road and on the western side of a new road in course of construction in a northerly direction from Peckham Rye Road. {<:.) A piece of land containing 2 poles or thereabouts forming part of the open space between the said White Horse Inn and Peckham Rye Road. ((/.) A piece of land containing 33 poles or thereabouts, abutting upon the eastern side of Peckham Rye Road between Philip Road and Scylla Road and occupied or partly occupied in connection with the houses on the east side of Peckham Rye Road between Philip Road and Scylla Road. CHAPTER CCXXIl. An Act for amending the Metropolitan Street Improvements Act 1877. \\d>th August 1882.] {Preamble recites 40 & 41 Vict. c. ccxxxv. (in this Act referred to as " the Act of 1877 ") and in particular s. 33 thereof, and that by reason of the obligations imposed by that section on the Metropolitan Board of Works {in this Act called " the Board''), the Board have been prevented froin carrying into effect certain of the purposes of the said Act ; and that a Select Committee appointed by the House of Commons on the 20th day of February 1882 to consider the working of tlhe Artizans' and Labourers' Divellings Improvement Act 1875 1 and the amending Act of 1879 1 with a view of considering (iuter alia) how the expense of and the delay and difficulty in carrying out these Acts might be reduced, and also to consider the working of tfie Metro- politan Street Improvements Acts 1872 and 1877 and of 31 & 32 Vict. c. 130 t and 42 & 43 Vict. c. G4,t by their Report of the \^th June 1882 recommended tfiat tJie Board sliould forth with be relieved of the obligations imposed by the said s. 33 of the Act of 1877 so far as the same icere applicable (iuter alia) to the Grays Inn Road im- provement by the Act of 1811 authorised ; and that the Board have caused a plan in this Act referred to as " the Gray's Inn Road * Now the county of London. See 51 &; T,2 Vict. c. 41. s. 40 (2). •j- Rep. and replaced by the Housing of the Working Classes Act 1890. 614 [Chap, ccxxii.] Metropolitan Street Improzeraerda Act 1877 {Amendment) Act 1882. [45 & 46 Vict.] Short title. Amendment of Act of 1877 as to Gray's Inn improve- ment. Section .33 of Act of 1877 not to apply to lands shown on the Gray's Inn Eoad plan. plan " to he prepared slwicing the lands to be taken for the purposes of the Gray's Inn Road improtement authorised hy tJie Act of \^~~ and recites the deposit of the said jjlan with the clerks of the peace for Middlesex and the city of Westminster.'] 1. This Act may be cited as the Metropolitan Street Improve- ments Act 1877 (Amendment) Act 1882 and the Metropolitan Street Improvements Act 1877 and this Act may be cited together as the Metropolitan Street Improvements Acts 1877 and 1882. 2. The Board shall in the exercise of the powers by the Act of 1877 conferred upon them for the taking of lands for the purposes of the Gray's Inn Road improvement by the said Act authorised be subject to the conditions following : — (1.) The Board may as soon as may be after the passing of this Act exercise the said powers with respect to the lands colonred blue on the Gray's Inn Road plan and lying south of Baldwin's Gardens and such parts of the lands colonred pink and yellow on the Gray's Inn Road plan as are situate between Holborn and the Town Hall of the Holborn District Board of Works.* (2.) The said lands coloured blue shall be appropriated exclu- sively to the erection of artizans dwellings and when artizans dwellings have been erected thereon but not before the Board mav remove the buildingrs on the lands coloured green on the Gray's Inn Road plan and the said lands coloured green shall be appropriated exclusively to the erection of artizans dwellings and when artizans dwellinofs have been erected on the said lands coloured green but not before the Board may remove the buildings on the re- mainder of the lands situate to the north of the said Town Hall and authorised to be taken by the Act of 1877 for the purposes of the said Gray's Inn Road improvement but the part of the said lands coloured purple on the Gray's Inn Road plan except such portion thereof as may be ap])ropriated to the widening of Elm Street shall be appropriated exclusively to the erection of artizans dwellings. (3.) The artizans dwellings to be erected on the lands colonred blue green and purple respectively on the Gray's Inn Road plan shall be sufficient to accommodate not less than one thousand two hundred persons belonging to the labouring classes. (4.) All the lands coloured pink on the Gray's Inn Road plan shall be approj^riated exclusively to the widening of the Gray's Inn Road as by the Act of 1877 authorised. \_Rep. in part and amended 50 & 51 Vict. c. cvi. s. 13, q.v.'] 3. From and after the passing of this Act the provisions con- tained in section thirty-three of the Act of 1877 shall cease to be in force with respect to the lands shown on the Gray's Inn Road plan and authorised to be taken by the Act of 1877 and in relation thereto the Act of 1877 shall be read as though the said section were not contained therein. \_See also 50 & 51 Vict. c. cvi. s. 12.] 4. [Certifcate of a Secretary of State as to compliance with this Act to he conclusive. Spjent.'] 5. \_Expenses of ohtaining Act. Spent.] * Now the Council of the Metropolitan Borough of Holborn. See G2 & 63 Vict. c. 14, s. 4. r46&47 VictI Metropolitan Board of Wor/(.^ .^. , (Monty) Act 1«83. 46 & 47 VICTORIA. A.D. 1883. CHAPTER 27. An Act further to amend the Acts relating to thf-: raising of jmcinky by the metropolitan jjoard of works ; and for other Purposes. [20M Auyast 1883. J [Preamble rep. 01 & 62 Vict. c. 22 {S.L.R.).'] 1. Tin's Act maybe cited as the Metro])olitan Board of Works Short title. (Money) Act, 1883, and the Metropolitan Board of Works (Money) Acts, ISTo to 1882, and this Act, may be cited toorether as the Metropolitan Board of Works (Money) Acts, 1870 to 1883. 2. This Act shall be read and have effect as one with the Metro- Construction iMjlitan Jioard of Works (Loans) Acts, Ib(30 to 1871, and the^^"^^*" Metropolitan Board of Works (Money) Acts, 1875 to 1882. 3. . . . . . . Interpreta- The expression " Embankment Acts " in the Metropolitan Board '^*""- of Works (Loans) Act, 1800, and in this Act, shall mean the series of Acts specified in Part II. of the Second Schednle to this Act annexed, and the Metroi)olitan Board of Works (Loans) Act, 1869, shall be construed accordingly. • • • • • • [Parts omitted {definitions of the expressions " Parks and Open Spaces Acts'' and " Main Drainage Acts'') rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 4 — 8. [Amendment of ss. iD (./) and 14 of 45 k 46 Vict. c. 33 — Power to the Board to expend moneys till 'i\st December 1884 for sundry purposes, and to contribute to improvements at Hyde Park Corner. Rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 9. . . . All the provisions of the Main Drainage Acts and the Special power Metropolis Management Act, 1855, and the Acts altering or amend- ^^ ^^P^"^^ ing the same, for the time being in force relating to the execution purposes of of works authorised by the said Acts respectively shall continue in °iain drain- force, and shall extend and apply respectively to the works executed ^^^, ^*^ ™*^" by means of money raised for the purposes of this section ; and all stock created under the authority of this Act for such purposes shall be deemed to be created for the purposes of the above- mentioned Acts respectively. [Part omitted (as to power to expend money for purposes of main drainage and main sewers) rep. 61 &62 Vict. c. 22 {S.L.R.).] 10. [Power to the Board to lend to vestries, district boards, corporations, burial boards, etc., till ^\st December 1884. Rep. 01 k 02 Vict. c. 22 {S.L.R.). — Provision for repayment within a time to be approved by the Treasury, not exceediny as to loans for widening streets or for bridyes and purchase of lands 60 years, and for other purposes 30 gears. Identical with such provision in 38 & 39 Vict. c. (So, s. 4.] 11. [Power to the Board to lend to yuardians till 31, s/ Jh'cember 1884. Rep. 61 & 62 I'ict. c. 22 {S.L.R.). — Provision for repayment within a time to be approved by the Treasury not exceediny 30 years. Identical with such provision in 38 & 39 ]lct. c. 05, s. 5.] n-ia rn„.^ o" -1 Metropolitan Board of Works rtas /c-atx^,,, 616 [Chap. 2..] [Monev-) Act 1883. ^^^ ^ ^^ ^^^^• •] Power to raise consoli- dated stock. Repayments to be carried to Consoli- dated Loans Fund. 12. \_Extensioii of amount tvhich the Board may lend to the Managers of the Metropolitan Asylum District. Rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 13. \_Power to the Board to lend during the year ending Z\st Beceniber 1884 to the School Board for London. Rep. 61 & 62 Vict. c. 22 (S.L.R.). — Provision for repayment within a time to be approved by the Treasury not exceeding 50 years. Superseded 2 Edw. 7, c. 42, s. 5, and 2nd schedule ; and 3 Edw. 7, c. 24, s. 1.] Where the Board nnder the authority of this Act create consolidated stock to raise money for the purpose of the Fire Brigade Act, 1865, or to enable them to make a loan repayable within thirty years from the date of such loan, the Board shall from time to time carry to the Consolidated Loans Fund such sums as the Treasury approve as being in their opinion sufficient to redeem within the period of thirty years from the date of the creation of such stock, or in the case of any such loan within any lesser period for which the same may be made, an amount of consolidated stock equal to that so created ; and Where the Board are by this Act authorised to make a loan repayable within thirty years from the date of the loan, the Board, instead of raising money for any such loan by the creation of con- solidated stock, may use for any such loan any moneys for tlie time being forming part of the Consolidated Loans Fund, and not required for the payment of the dividends on consolidated stock ; and Where the Board raise consolidated stock for the purpose of any scheme made by the Board under the authority of the Artizans and Labourers Dwellings Improvement Act, 1875,* or the Artizans and Labourers Dwellings Improvement Acts, 1875* to 1882,* and con- firmed by Provisional Order and Act of Parliament, there shall be repaid (as provided by the Artizans and Labourers Dwellings Improvement Act, 1875,*) to the consolidated rate out of the local rate as defined by the said last-mentioned Act, all moneys required for payment of dividends on and the redemption of all consolidated stock created for such purpose. \_Part omitted {as to power to the Board, to create consolidated, stock to raise money for the jmiyoses of this Act) rep. 61 & 62 Vict, c. 22 {S.L.R.).'] 15—22. \_As to Metropolitan Bills. Rep. 60 & 61 Vict. c. ccxx. s. 21 ; .s\s. 15—17 and2i) also rep. by 61 & 62 Vict. c. 22 {S.L.R.).'] 23. \_Limitation of power of borrowing in s. 38 of 2>2 & 33 Vict. c. 1U2, not to extend to this Act. Liep. 61 & 62 Vict. c. 22 (6'.Z.i?.).] 24. All sums received by the Board in respect of interest on or principal of any loan made by them under this Act shall be carried to the Consolidated Loans Fund. 25. [Limit to exercise of borrowing powers. Rep. 61 & 62 Vict, c. 22 {S.L.R.).'] First Schedule. {Particulars of new money powers conferred by this Act. Liep. 61 & 62 Vict. c. 22 (^.L./t*.).] Second Schedule. \_Part L JAst of Parks and Open Spaces Acts referred to in s. 3. Rep. 61 & 62 Vict. c. 22 {S.L.R.).] * Rep. and replaced by the Housing of the Working Classes Act 1890. Metropolis {Tench Street, Saint [40 & 47 Vict.] George-in-the-East) Frodsional [Chap, xciv.] 617 Order Confirmation Act 1883. Pakt II. Embankment Acts. The Thames Embankment (North) Act, 1802, 25 & 26 Vict. c. 93., 26 & 27 Vict. c. 46. „ „ (South) Act, 1803, 26 & 27 Vict. c. 7.5. „ „ Amendment Act, 1804, 27 & 28 Vict. c. cxxxv., 27 iSc 28 Vict. c. 01.* „ „ (North and South) Act, 1808, 31 & 32 Vict. c. cxi., 31 & 32 Vict. c. 43.* „ „ (Chelsea) Act, 1868, 31 & 32 Vict. c. cxxxv., 32 & ■53 Vict. c. 134.t „ (North) Act, 1870, 33 & 34 Vict. c. -xcii. „ „ „ 1872, .35& 30 Vict. c. Ixvi. (Land) Act, 1873, 30 & 37 Vict. c. 40. (South) Act, 1873, .30 Vict. c. vii. Oharing Cross and Victoria Emliankment Approach Act, 1873, .30 & 37 Vict. c. c. Metropolitan Board of Works (Various Powers) Act, 1870 (Chelsea Embank- ment), 3'J & 40 Vict. c. Ixxix. CHAPTER XCIV. tAN Act to confiem a Provisional Order of one of Her Majesty's Principal Secretaries of ^State for the im- provement of an UNHEALTHY Area situated at Saint George- in-the-East, within the Metropolis. [IQt/i Juhj 1883.] \Preamhle^ 1. The Order set ont in the schedule herennto annexed is hereby Order la confirmed. schedule 2. This Act may be cited as the Metropolis (Tench Street, ,^'^^^ ^^^^^ Saint George-iu-the-East) Provisional Order Confirmation Act, l.'5'&3. SCHEDULE. The Metropolis (Tench Street, St. George-in-the-East) Improvement, 1883. [Provisional Order of the Home Secretary dated 2nd Ma;/ 1883, confirming a Scheme jjrepared b>/ the Metropolitan Board of Workii, under the Artizans and Labourers DwellingH Improvement Act>i 1875 — 1%^2^^ for the improvement of an unheallhii area in the parif^h of St. George-in-the-East. The Order recites that the number of 2)ersons of the ivorlcing class to be displaced by the Scheme is estimated at 1,284, and provides for the clearing of the lands constituting the improvement area and for the erection thereon (f diceUings to accommndafe 1,284 persons belong- ing tn the icorhing class. The Order also recpdres the videning if Tench Street to 30 feet^ and Green Bank as nearly as may be to 30 feet. Sj^ent.] CHAPTER XCV. An Act to confirm a Provisional Order of one of Her Majesty's Principal Secretaries of State for the im- provement of an unhealthy Area situated at Limehouse, WITHIN the Metropolis. [lOM Jul>/ 1883.] \_Prea}nble.^ 1. The Order set ont in tlie schedule hereunto annexed is hereby Order in confirmed. sch^ule confirmed. * Rep. 32 & .33 Vict. c. 102, s. 50. t yemble refers to the Park Lane Improvement Act 1869 (32 k 33 Vict. c. cxxxiv.). X See 52 & 53 Vict. c. cxlvii. s. 10. ^ Rep. and replaced by the Housing of the Working Classes Act 1890. 618 Short title. Order in schedule confirmed. Short title. [Chap, xcvi.] Metropolis ( Windmill Roiv, Xew Cut, Lambeth) Procisional Order [46 & 47 Yict,] Confirmation Act 1883. 2. This Act may be cited as the Metropolis (Brook Street, Limehoiise) Provisional Order Confirmation Act, 1883. SCHEDULE. The Metropolis (Brook Street, Limehouse) Improvement, 1883. [Provmonal Order of the Home Secretary dated 2nd May 1883, confirming a Scheme j'rejxired liy the Metropolitan Board, of Worhs, tinder the Artiza/is and Lahourertt Dicellings Improvement Acts 1875 — 1882, for the improvement of an unhealthy area situated in the hamlet of Ratcliff, in the district of Limehouse. The Order recites that the number of persons of the icorlcing class to be displaced by the Scheme is estimated at 562, ajid j^i'ovides for the clearing of the huids con- stituting the improvement area, and for the erection thereon of dwellings to accommo- date 562 persons belonging to the working class. The Order also requires the widening of Harris's Court to 30 feet, Bere Passage, otherwise Orchard Place, to- 30 feet, and Bere Street to 30 feet at itsju7iction with Harris's Court. Speid.l CHAPTER XCYI. An Act to confiem a Provisional Order of one of Hek Majesty's Principal Secretaries of State for the im- provement OF AN TNHEALTHY ArEA SITUATED IN LaMBETH, within THE Metropolis. \\Qth July 1883.} \Freamhle?\ 1. The Order set out in the schedule hereunto annexed is hereby confirmed. 2. \_Samng the rights of the Duchy of Comicall. Spent.'] 3. This Act may be cited as the Metropolis (Windmill Row, 2s ew Cut, Lambeth) Provisional Order Confirmation Act, 1883. SCHEDULE. Metropolis (Windmill Row, Xew Cut, Lambeth) Improvement, 1883, {Provisional Order of the Home Secretary dated 2nd May 1883, confirming a Scheme jirejxired by the Metropolitan Board of Works, under the Artizans and Labourers Dwellings Improvement Acts 1875 — 1882, /o;- the imptrovement of an un- healthy area situated in the parish of Lambeth. The Order recites that the number of persons of the working cla>nA r/-. . 1 ••-! Metropolitan Board of Works faoq a'^^t -i 620 [CHAr. clxxvn.] (/,,v/^,,, ,tc.) ^./l883. ^^^^^' ^^^^-^ Short title. 1. This Act may be cited as the Metropolitan Board of Works (Bridges, etc.) Act 18'^3. 2. [Incorporation of the Lands Clauses Acts.'] Interpreta- 3. In this Act the following words and expressions have the tion of terms, several meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) : — " The Board " means the Metropolitan Board of Works * ; " The works by this Act authorised " includes the alteration and reconstruction of the existing bridge oyer the River Thames at Hammersmith the erection maintenance taking down and removal of the temporary bridge and the approaches roads and works connected therewith respectively by this Act authorised ; " The Ferry Acts " means the Act passed in the fifty-second year of the reign of King George III. chapter one hundred and forty-eight intituled " An Act for establishing a ferry over the River Thames from Greenwich in the county of Kent to the Isle of Dogs in the county of Middlesex and for making and maintaining roads to communicate therewith " and the Act passed in the fifty-fourth year of the reign of King George III. chapter one hundred and seventy-one intituled "An Act for amending an Act of the fifty-second year of the reign of His present Majesty for establishing a ferry over the River Thames from Greenwich in the county of Kent to the Isle of Dogs in the county of Middlesex and for making and maintaining roads to communicate therewith " ; " The Poplar and Greenwich Ferry Company " means the Company incorporated by and acting in execution of the Ferry Acts ; " The undertaking of the Poplar and Greenwich Ferry Company " means the ferry roads tolls toll houses, and all the property real and personal of the Poplar and Greenwich Ferry Company (save and except any moneys of the said Company which at the time of the transfer of their undertaking to the Board shall be standing to their credit in the books of their bankers on current account and deposit account or in the hands of their treasurer or collectors and any moneys at the same time of the said Company (whether In the hands of their bankers or standing upon any investment) representing unclaimed dividends and interest accrued upon unclaimed dividends and save and except the books of the said Company) and all the estate right title and interest of the said Company in or to the same and all rights powers authorities and privileges of the said Company in relation thereto and to the demanding and taking of tolls and charges and to the making and levying of rates or assessments in resj^ect of the use thereof under the Ferry Acts ; " The Lease of 1868 " means the indenture made the twentieth day of February 1868 between the Poplar and Greenwich Ferry Company of the one part and John Barber James Giles (the younger) John William Doust Edward Thomas Phillips John Stevens Robert Luxford John Giles Joseph Samuel Doust James Brownfield Philip Richbell William * Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). r46 & 47 Vict 1 Metropolitan Board of Works .r. .i„„„i; -. m\ L4D A. 4 / V icT.j (^Bru/ges, etc.) Act 1883. L^hap. clxxvu.J b,l Giles and William Sexton Forrest all of Greenwich in the county of Kent watermen bein<^ tiie then survivintr trustees and members of a certain society commonly called or known as the Potter's Ferry Company of the other j)art ; • ••••• " Road antliority " and the terra " district " in relation to a road authority shall have respectively the same meaninjrs as are assigned to the same terms respectively by the Tramwavs Act 1870; " Street " shall have the meaning assigned to tlie same term in the Metropolis 31anagement Act 1855 and the Acts amending the same ; " The Conservators " means the Conservators of the River Thames; • • • • • • [Parts omitted {definitions of ^^ Justice,''' ^'lessee," and ^'•person,'''' and as to meanings of luords in the Lands Clauses Acts incorpor- ated) spent ^ 4 — 5. [Board to execute Act and may appoint Committee therefor. Superseded hg the Municipal Corporations Act 1882, s. 22 (see Appendix), and 51 k 52 Met. . 624 [Chap, clxxvii.] ^Bridges, etc.) Act ] 883. ^^^^^^ ^'^'''^ shall be injured or damaged such injury or damage shall be forthwith made good and such works shall be restored by the Board at their own expense to the reasonable satis- faction of the Water Company's engineer or in the event of the Board failing to make good such injury and restore such works then the Water Company may make good and restore the same and the Board shall pay to the Water Company all costs and expenses to which that Company may be put as well as full compensation for the loss and inconvenience sustained by them by reason of any such injury or damage such costs expenses and compensation to be recoverable from the Board in any court of competent jurisdiction ; (9) If any difference shall arise between the Board and the Water Company touching or concerning the true intent and mean- ing of this section or the mode of giving effect thereto every such difiFerence shall be settled by arbitration in accordance with the provisions of the Companies Clauses Consolidation Act 1845 with resj^ect to the settlement of disputes by arbitration ; (10) Except as in this Act specially provided nothing in this Act shall prejudice diminish alter or take away any of the rights privileges powers or authorities of the Water Company. [Pa^t omitted (as to the temporary bridge^ spent.'] No main or 26. Notwithstanding anything in any Act to the contrary it shall laid on Ham- ^^^ ^® lawful (except in cases of emergency arising from accidental mersmith causes) for any company or person to enter upon break up or inter- Bridge except fere with Hammersmith Bridge after the alteration and reconstruction ^f Board*^"^ thereof as aforesaid or the roads and footways over the same respec- tively for the purpose of laying down any main or pipe or executing any work therein thereon or thereunder except with the consent of the Board in writing which shall not be unreasonably withheld and in accordance with such reasonable terms and conditions not being the exaction of any rent as the Board may determine. Provided that nothing in this section contained shall alter or affect any of the provisions of the Telegraph Act 1878. Providing for 27. In reconstructing Hammersmith Bridge the Board shall leave gas mains. ^ space Under the footway on each side of the bridge sufficient to accommodate one gas main or pipe with a diameter of one foot. 28. [Period for completion of icorks limited to 6 years. Spent^ 29 — 43. \_Errors and omissions in plans — Power to the Board to enter and survey lands to be taken — As to acquisition of lands — Deficiencies in land tax during ivorks — Poiver to the Board to sell materials, and to lease surplus lands — As to sale of ground rents and reversions of such lands — Power to sell such lands without leasing, and. to let or exchange and to sell such lands — Receipts of the Board to be effectual discharges — Period for compulsory j^urchase of lands limited to 3 years. Spent^ 44—49. \_Board to purchase the undertaking of the Greemvich and Poplar Perry Company {Potter s Ferry) — Procisions as to purchase and application of consideration — Winding up of Company. Spent.] Certain 50. The transfer of the undertaking of the Poplar and Greenwich licenses and Yqux Company under this Act shall be subject to the following FAne A--\T n Mefrnpobtan Board, of \\ ork.'i ^n i •• i aok [46 & 4/ Vict. I / // / ^ ^ \ /icw^ iCHAr. clxxvii.l 62d L -• {Jhtdyes, etc.) Act Ibb-i. i- -^ licenses for the enjovraent of easements granted by the said Company contract thatistosav- ^ ' cominud. Name. Millwall Dock Company Millwall Iron Works . Do. Cutler and Sons . Date. 16th August 1875 . 27th November 1875 29th August 1879 . 2Hth December 1878 Nature of p]a8ement. AlllDMIlt of Kent. Drainage under East £1 per year. Ferry Road. Tramway across West £1 per year. Ferry Itoafl. Do. £2 per year. • Do. £2 per year. All which licenses shall continue in force for the full term which they shall then respectively have to run and shall in all respects be binding upon the Board of Works for the Poplar District.* 51. \ Company's books to be evidence for distribution of their assets. Sjn:nt.\ 52. When the receipt for the amount of the consideration agreed Transfer of upon or so ascertained as aforesaid to be paid for the purchase of "°^^'''^^'^^°&- the undertaking of the Poplar and Greenwich Ferry Company has been signed in manner directed by this Act then the said under- taking shall by virtue thereof and of this Act be transferred to and shall vest in the 13oard and excei)t as Ijy this Act expressly ])rovided they shall be entitled to immediate possession and have absolute control of tlie said undertaking freed and discharged from all leases contracts debts charges and liabilities whatsoever of the said Com- ])any affecting the same and thereupon all duties obligations and liabilities of the said Company in respect of the same including any duty obligation or liability as to the ferry shall save as by this Act ex])ressly provided alisolutely cease and determine but thereafter no tolls or charges shall be demanded or taken and no rates or assess- ments shall be made laid assessed or levied by the Board under the Ferry Acts and the powers of the said Acts with respect thereto shall be extinguished and the Board shall not be required or compelled to provide any ferry across the River Thames. l*rovided always that the transfer of the undertaking in manner aforesaid shall be subject to the lease of 1868 and the same shall during the continuance of the term of 48 years thereby limited continue in full force and etTcct as tliongh this Act had not been passed and all lauds tenements and hereditaments antl all the estate and interest therein and all rights powers authorities privileges benefits and advantages thereby granted or demised shall continue unaffected by this Act and as though this Act had not been passed and from and after the said transfer the said lease shall l)e read as though the Board were the lessors instead of the Poplar and (Jreenwich Ferry Company. From and after the transfer of the said undertaking to the Board as hereinbefore provided the roads known as the East and West Ferry Poads in the ]):irish of Poplar shall by virtue of this Act be trans- ferred to antl shall vest in the Board of ^Vorks for the district of Poplar * and all tolls and charges in respect of the use of the said East and West Ferry Poads shall cease to be levied thereon and the said East and West Ferry Poads shall be dedicated to the public and may be used free from tolls or charges and the said roads shall be maintained repaired and lighted in the same manner as other highways within the jurisdiction of the said Board of Works for the District of Poplar.* * Now the Council of tlic Metropolitan Borough of Poplar. See 62 Jt G:i Vict. c. 14, s. 4. 40 626 [Chap, clxxvii.] Metropolitan Board of Works {Bridges, etc.) .-4c-/' "1883. [46 & 47 Vict.] Greenwich Ferry Company. 53. \_As to pejiding actions and proceedings. Spent.'] tion t*o°^*' 54. AVheu the Board has acquired absolute control of the under- officers etc. taking of the Poijlar and Greenwich Ferry Company subject to the of Poplar and lease of 1868 the Board shall grant by way of compensation for the abolition of office an allowance to the clerk and to the surveyor and tolls manager of the said Company subject to the following conditions : — (1) That such clerk and surveyor and tolls manager shall be in the actual em|)loyment of the said Company immediately before the Board obtained absolute control of the said undertaking and shall have been in such employment for a continuous period of not less than two years j^revious to the first day of January one thousand eight hundred and eightv-three : (2) That the amount of such allowance shall be such as would be payable on retirement to such clerk and surveyor and tolls manager under section two of the Superannuation Act 1859 in the event of his having served in an established capacity in the permanent civil service of the State for the same time as in the service of the said Company, and if ten years were added to the number of years he may have actuallv served ; (3) That in estimating such allowance the amount of the salary upon which the same shall be calculated shall be taken on the average of the salary actually received by the person to be compensated during the two years next preceding such first day of January one thousand eight hundred and eighty-three ; (4) That no such allowance shall exceed two-thirds of the salary upon which the same shall be estimated. Every such allowance shall be payable by two equal half-yearly payments the first of such payments to be made at the expiration of six months from the date when the Board shall have acquired absolute control subject to the lease of 1868 over the said under- taking. Provided always that the Board may at any time agree with any person entitled to any allowance under this enactment for the commutation of such allowance and that where any such allowance is payable to any person in respect of more than one office or in respect of the duties of offices which may have been consolidated into one office the allowance shall be estimated separately in respect of each of the said offices or of the duties of each of the said offices so consolidated into one. 55. [^Dissolution of the Ferry Company. Spejit.'] 56. Where after the neglect or default of any vestry district board or other Ixjdy or person to pay the amount or any part of the amount required by any precept to be paid to the Board by such vestry district board or other body or j^erson within the time specified in such i)rece2)t the Board have obtained any copy of any rate or of any copy of any rate contained in any book in pursuance of the provisions of the fifteenth section of the Metropolis Management Amendment Act 1862 then and in every such case where not less than fourteen days previous notice of the intention to procure a copy of such rate has been given by the Board to the vestry district board or other body or person so neglecting or defaulting the Board may charge the expenses incurred by them in obtaining such copy Expenses incurred by Board in obtaining a copy of poor rate to be either paid as general expenses or charged upon vestry etc. making default. [46 & 47 YiCT.] ^l/^^'-^/^^^^-^«'^j5^'-^^'^<^ J^7>^-^^'^^^'^^* [Chap, clxxviii.] 627 iipon the vestry district Loard or otlier Ijody or person so neglecting or defiiulting and iuclude tiie same amongst the moneys which such vestry district board or other Ijody or person may be required to raise and collect by virtue of any i)rec('pt issued by the Board and directed to such vestry district board or other body or person. 57. \_Expenses of obtaining Act. Spent.'] CHAPTER CLXXVIII. An Act foe enabling the Metropolitan Board of Works to MAKE certain NeW IStREETS AND StREET IMPROVEMENTS IN THE Metropolis and for other Purposes. [;>ncl August 1883.] [Preamble recites (inter alia) that the Metropolitan Board of Works have caused to be deposited icith the Clerks of the Peace for Middlesex and Surrey plans and sections and « book of reference {(lescribing the new streets and the street impi-orpments), herein referred to as the deposited plans sections and book of reference.] 1. This Act mav be cited as the Metropolitan Street Improvements Short title. Act, 1883. 2. [Incorporation of Lands Clauses Acts. Spent.] 3. In this Act the following words and expressions have the interpreta- several meanings hereby assigned to them unless there be some- ^^^^ ^^ ^^^ thing in the subject or context repugnant to such construction (that is to say) : " The Board " means the Metropolitan Board of "Works * ; " Metropolis " means the metropolis as detined by the Metropolis Management Act 1 855 ; ■ ••••• ^' Improvements " means the new streets widenings and improve- ments of streets and works connected therewith respectively by this Act authorised ; *' Street " shall have the meaning assigned to that term in the Metropolis Management Act 1855 and the Acts amending the same ; • ••••• "[Part omitted {definitions of ^^ Justice" '■^ two Justices,"'' ^'lessee," and '^ person," and as to meanings of words in Acts incorporated) spent. 4 — 5. [Board to execute Act — Power to act bg committee. Super- ■ sed('(/ bg the Mu?iicipal Corporations Act 1882, 6\ 22 (see Appendix), and 51 vt 52 Vict. c. 41, ss. 40 a?id 75.] 6. Subject to the provisions of this Act in the lines according to Power to the levels and within the limits of deviation shown on the deposited Board to plans and sections the Board may make and carry into execution all ™reet°.^nd or any of the new streets widenings and im])rov('ments of streets in street im- the counties of Middlesex! and Surrey f herein-after described (that provements. is to say) : — * Now the London County CounciL See 51 & 52 Vict. c. 41, s. 40 (S). t Now the county of London, bee 51 & 52 Vict. c. 41, s. 40 (2). ncto rn^.^ 1 ••• ^ Metropolitan Street Improcements r^^ p ^-^tt t 628 [Chap, clxxvm.] ^ 1^/^1883 [40 & 47 Vict.] In the County of Middlesex.* 1. — Widening of Upper Street Islington. The widening of Upper Street Islington wholly in the parish of St. Mary Islington partly on the east and partly on the west side of Upper Street. The widening on the east side com- mencing at the north end of Islington Green and terminating at the Unitarian Chapel between Cross Street and Florence Street. The widening on the west side commencing opposite the police station which adjoins the said Unitarian Chapel at the junction of Waterloo Terrace with Upper Street and terminating at the junction of Barnsbury Street with Upper Street. 2. — Widening of Green Street Bethnal Green. The widening of, Green Street Bethnal Green in the parish of St. Matthew Bethnal Green on the north side commencing at Victoria Park Square and terminating at Globe Road. 3. — Widening of Little York Street Bethnal Green. The widening of Little York Street at the eastern end and on the north side wholly in the parish of St. Matthew Bethnal Green and extending for a distance of about 20 yards from the junction of Little York Street with Club Row. 4. — Tower Hill Improvement. A new street in continuation of the street authorised by the Metropolitan and Metropolitan District Railways (City Lines and Extensions) Act 1879 commencing within the district or liberty of the Tower at or near the junction of that street with Trinity Square and terminating in the district or liberty of the Tower or the precinct of Old Tower without at the drinking fountain at the southern end of the Minories. And in connexion with the said last-mentioned improvement and for the purposes thereof the alteration and setting back of part of the fence enclosing the ornamental garden in Trinity Square and the appropriation and utilisation of a portion of the said garden within the said district or liberty of the Tower. 5. — Hammersmith Imjirovement. The widening of King Street East on its north side in the parish of St. Peter and St. Paul Hammersmith such widening to commence at the Broadway and to terminate at a point about 130 yards to the east of Rowan Road. Also the widening of Brook Green Road on its west side, in the same parish, such widening to commence at the Broadway and to terminate at the south side of the fire brigade station in Brook Green Road. 6. — Hampstead Improvements. A new street wholly in the jiarish of St. John Hampstead com- mencing in High Street Hampstead opposite its junction with Heath Street consisting in part of a widening of Church Place on its east side and terminating at the junction of Church Place with Church Lane. The widening of High Street on its west side commencing at its- junction with the intended new street lastly hereiu-before * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). [46 & 47 Vict.] ^Metropolitan Stj^eet^Tmpr^^^^^^^ ^P^^^._ ^ixxviii.] 629 described and terminating at a point 60 yards or thereabouts to the north of (Jhurch Lane top^ether with a Ibotu'uy to connect the said new street witli iligh Street as widened in or about the line of AVells Buildings. In the Countv of Surrey.* 7. — Bermondsey Improvement. A street improvement wholly in the parish of St. Mary Magdalen Bermondsey commencing at the junction of Star Corner with Abbey Street and terniiiiating at the junction of Bermondsey New iioad with Uothsay Street consisting of tlie widening of Star Corner on the eastern side from Abbey Street to Grange Road and the widening of the liermondsey New Road on the western side from Edward Street to Rothsay Street. 8. — Widening of Walworth Road. The widening of Walworth Road on the south-western side wholly in the parish of St. Mary Xewingtou commencing at Hampton Street and terminating at Thomas's Place. And in connexion with the said last-mentioned improvement and for the purposes thereof The alteration of the bridge carrying the London Chatham and Dover Railway over Walworth Road between the commence- ment and termination of the said widening and the setting back of the pier or abutment on the south-western side of the said bridge. 9. — South Lambeth Im])rovement. A new street wholly in the parish of St. Mary Lambeth com- mencing: on the western side of the South Lambeth Road at the junction therewith of Wilcox Road and terminating in the South Lambeth Road opposite Walton Terrace. V. . . . • • • For the pro U by reason of the execution of any of the works of the tection of the Board or the failure of any such works or any act or omission jfJii^ay^^^^'^ of the Board or of their contractors or otherwise the railway Company, or any of the works connected therewith shall be injured or damaged such injury or damage shall be forthwith made good by the Boaril at their own expense or in the event of their failing so to do then the Railway Company may make good the same and recover the expense thereof with full costs Against the Board in any court of competent jurisdiction and if any interruption shall be occasioned to the traihc of the Railway Company by reason of any of the matters or causes aforesaid the Board shall pay to that Company all costs and expenses to which that Company may be i)Ut as well as full com])i'nsation for the loss and inconvenience sustained by them by reason of any such interruption such costs expenses and compensation to be recoverable with full costs by that Com- pany from the Board in any court of competent jurisdicti-opolitan^re^^Baprovemerd8 ^^^. ^ ^^ ^^^^.^ Wedlakel Street foot- bridge after its acquisi- tion to be Chelsea, Power to vestries to repair and rebuild foot- bridges. the passing of this Act demanded or taken in respect of the nse of the same shall cease to be demanded or taken and the said foot- bridge and approaches shall be dedicated to the public as a public highway free from toll and shall be maintained repaired and lighted by the said vestry in the same manner as other public highways in the said parish. 44. Forthwith after the Board have acquired the said AVedlake Street footbridge and the approaches thereto and the works con- nected therewith and such right or easement in respect thereof as aforesaid the same shall by virtue of this Act be deemed to be Y^trv^of^ ° transferred to and shall vest in the vestry of the parish of Chelsea * and they shall be entitled to immediate possession thereof and they shall subject to the other provisions of this Act have absolute control of the said footbridge freed and discharged from all leases contracts debts charges and liabilities whatsoever affecting the same and thereupon all tolls and charges previous to the passing of this Act demanded or taken in respect of the use of the same shall cease to be demanded or taken and the said footbridge and approaches shall be dedicated to the public as a public highway free from toll and shall be maintained repaired and lighted by the said vestry in the same manner as other public highways in the said parish. 45. For the purposes of maintaining repairing altering improving widening or rebailding either of the said footbridges the vestry of the parish f in which such footbridge is situated shall have and may exercise all such powers for executing works and otherwise in relation thereto as they may from time to time require and may from time to time enter upon and use the said Grand Junction Canal the towing paths and the banks thereof and may do and execute all such works acts matters and things as may be necessary for any of the purposes aforesaid. Provided always that all works executed by such vestry under the authority of this Act which shall affect the said canal towing paths and banks or other property of the Company of Proprietors of the Grand Junction Canal or structurally affect the said footbridges shall be done under the superintendence of an engineer to be from time to time appointed for the purpose of such superintendence by the said Company at the request in writing and at the cost of such vestry unless the said Company refuses or neglects to give such superintendence at the time specified in such request or discontinue the same during the execution of such works and that such works shall be executed according to plans sections and specifications previously submitted to and reasonably approved by and to the reasonable satisfaction of such engineer and that the said footbridges shall at all times remain and be used as foot- bridges only and provided that no works shall be executed under the authority of this Act which shall lessen the clear span or headway of the present bridges or the width of the towing paths under the same and that in the event of the said bridges or either of them being rebuilt the same shall be constructed so as to be carried across the said canal and the towing paths on each side thereof by single spans with a clear headway at every point of not less than ten feet above the weir level of the said canal at the point of crossing and that all works and operations of such vestry their agents contractors servants and workmen under this Act shall be * Now the Council of the Metropolitan Borough of Chelsea. See 62 k. 63 Vict. c. 14, s. 4. f Xow the council of the metropolitan borough. See 62 & 63 Vict. c. 1-1, s. 4. r^P I' A-^T n Metropolitan Street Improvements v■l^„^^ «k...^;,-,- n aqq [46 & 4 / VICT.] ^ /4 •/ 188'3 [LEAP. clxxviu.J odJ carried out so as not at any time to oljstrnct or imperle the free passaj^^e of boats barges or other vessels along the said canal or of the horses or other animals towing the same or to caase any damage to the said canal, or the towing paths or works thereof or any leakage or escape of water from the said canal. Provided also that in the event of the said bridges or either of them or any future bridges being ut any time out of repair or of any obstruction or imi)ediment being caused to the free navigation of the canal or the traffic along the towing ])aths or of any damage to the said canal or towing patlis or works thereof or of any leakage or escape of water from the said canal being occasioned by the works or operations of such vestry or their agents contractors servants or workmen such vestry shall forthwith repair such bridges remove such obstruction or imi)ediment restore and make good such damage or prevent such leakage or esca])e of water as the case may be, and in their default or in case of emergency the said Company may do the same and the said Company may recover from such vestry in any court of comjjetent jurisdiction any costs incurred by them under this Act and any damages or expenses which they may sustain or be put to in consequence of any of tlie before-mentioned matters and ])rovided further that compensation shall be made by such vestry for any lands entered upon or used or injuriously affected under the authority of this section and that except as otherwise expressly provided nothing in this Act contained shall take away diminish or affect any of the rights privileges or powers vested in the said Company by Act of Parliament or otherwise. * 46. The vestry of the parish of Chelsea t shall keep sejoarate As to contri- accounts of all expenses incurred by them in each and every year ^"^^^o"'* '^y terminating at the end of their financial year in relation to the i-atidington AVedlake Street footbridge and for carrying into effect the pro- and Keusing- visions of this Act with resj^ect thereto (herein-after referred to as *°" ^^^'^^'r^ ^' footbridge expenses ") and the said vestry shall furnish a copy relation to of every such yearly account when audited to the vestries t of the Wcdlake parishes of Paddinu-tun and Kensington within ten days after the ,^M'^^^ ^^^^' ^ J., n ,, ° ° -^ bridge, audit 01 the same. The vestries of the parishes of Paddingtou t and Kensington f shall contribute towards the amount of the footbridge expenses from time to time incurred by the said vestry of the parish of Chelsea! in each and every year such sums as may from time to time be agreed upon between the said three vestries or as failing such agreement may be determined by the Board at the request of any of the suicl vestries. The Board for the ])urpose of determining any question arising under this section shall refer the same to some committee of the Board then a[)pointed and such committee shall have full power and autliority to hear and determine such ([uestion antl may order the costs of such hearing and determination to be borne and paid by all or any such vestries and in such proportions as tbey may think tit. The sums from time to time agreed or determined as by this Act provided to be ])aid by the vestries of Paddingtou f and Kensington t by way of contribution towards the footbridge expenses incurred by the said vestry of the parish of Chelsea shall be deemed to be * The contributions referred to in tliis section have not been dealt with in any adjustineut scheme under 62 A: i>8 Vict. c. 11. t Now the Councils of tlie Metropolitan Boroughs of Chelsea and Paddington and the Eoval Borousrli of Kensinston. 634 [Chap. 5.] Valuation Qletropoliii) Amendment Act 1884. [47 & 48 Vict.] part of the expenses incurred by the said vestries respectively in the maintenance and repair of highways within the said parishes respectively and may be raised accordingly and all moneys raised by the said vestries respectively from time to time for the purpose of defraying the expenses incurred by them in the maintenance and repair of highways within the said parishes respectively shall be applied in the first instance towards the payment of all moneys from time to time due by them on account of the said sums payable by them under this Act by way of contribution towards the said footbridge expenses. 47. The Board may subject to the provisions of this Act from time to time enter into and carry into effect agreements with any person being the owner of or interested in any lands houses or property abutting on any portion of any of the improvements with property, etc. pespect to the Sale by the Board to such person of any lands or property (including any street or thoroughfare or any part of a street or thoroughfare acquired by the Board under the powers of this Act and not required for any of the purposes of this Act) for such consideration as may be agreed upon between the Board and such person and the Board may accept as satisfaction of the whole- or any part of such consideration by such person the grant of any lands or other property required by the Board for the purposes of this Act. 48. \_Saving the rights of the Crown.'] 49. [Expenses of obtaining Act. Spent^ Schedule. [Description of properties of which the Board ma'>/ take parts only. Spent.] Power to Board to make agree- ments with owners of 47 & 48 VICTORIA. A.D. 1884. Short title and con- struction. Enabling owners and lessees to appeal. CHAPTER 5. An Act to amend the Valuation (Metropolis) Act, 1869, by GIVING greater FACILITIES FOR ApPEAL TO OwNERS AND LESSEES or Houses paying Rates and Taxes in the place of the Occupiers. \2^th March 1884.} [Preamble {reciting 32 & 33 Vict. c. 67) rep. 61 & 62 Vict. c. 22 {S.L.R.).] 1. This Act may be cited as the Valuation (Metropolis) Amend- ment Act, 1884, and shall be read and construed as one Act with the Valuation (Metropolis) Act, 1869 (herein-after called the principal Act). 2. [Repeal of s. 70 o/ 32 & 33 Vict.c. 67.] . . . Where the owner or lessee of any hereditament is liable to be assessed for any rate or tax in the place of the occupier or tenant,* or does in fact pay any such rate or tax in his place under any contract or arrangement with him, such owner or lessee shall for the purposes of this x\ct and the Acts incorporated therewith be deemed to be the occupier of such hereditament, and the person referred to as the ratepayer in sections nineteen and thirty-two of the principal Act, and the * See the Poor Ptate Assessment and Collection Act 1869, ss. 3—4 (see Appendix). [47 & 48 Vict.] Metropolitan Police Act 1884. [Chap. 17.] 635 person who is to make to the overseers of his jiarish the statement or return referred to in the fifty-hfth section of the principal Act. Provided, that any form of return, order, notice, or document required to he ji^iven to or served on the occupier under the jtrin- cipal Act shall, exce])t where the owner or lessee is liable to be assessed to or to ])ay any rate or tax in the place of the occupier, be deemed to be sufficiently given or served, notwithstanding this Act, if addressed to such occupier and left on the ])remises to whicli the return, order, notice, or document relates. [Part omitted [repeal of a. 70 ofWZ k 33 Vict. c. (57) rep. Gl k 02 Viet. e. 22 {S.L.R.}.'] 3. Where any occuj)ier or ratepayer, or any owner or lessee One notice deemed to be an occupier or ratepayer within the meaning of ""^ ^^J^^'^^"^ section two of this Act, shall object to the valuation li.st in resi)ect one or more of any hereditaments, whether consisting of a house or houses separately snbdivided into tenements separately assessed as hereditaments or a^^sessffd of se})arate houses or tenements not so subdivided, it shall be lawful ments. for him to include in any one notice made in pursuance of section thirty-three of the ])rincipal Act or otherwise, or in any one objection, appeal, or other proceeding under the principal Act and the Acts incorporated therewith, the whole or any one or more of the hereditaments separately assessed and comprised in one valuation list of which he is or is deemed to be the occupier or ratepayer. CHAPTEK 17. An Act to provide for the Appointment of an additional Assistant Commissioner of Police of the Metropolis and FOR other Purposes relating to the Commissioner and Assistant Commissioners of such Police. [23;y/ June 1884.] {^Preamble {reciting 19 k 20 Vict. c. 2, and 31 & 32 Vict. c. 67) rep. 61 & 62 Viet. c. 22 {S.L.R.).'] 1. This Act may be cited as the Metropolitan Police Act, 1n>:4. ^iiort title. • ••••• \_Part omitted (assignment of short titles to the Acts in the schedule and. provision that this Act and those Acts may he cited as the Metro- jjolitan Police Acts 1829—1884) rep. 61 & 62 Vict. c. 22 {S.L.R.).] 2. It shall be lawful for Her Majesty to appoint a fit person to Appointment be a third assistant commissioner* of jmlice of the metropolis, and assbtant°°^ the Metropolitan Police Act, 18r)(), and the Police Pate Act, 1868, commi<;. shall apply in like manner as if three assistant commissioners of *|o°ej- police of the metropolis were therein mentioned instead of two. ^"^2 " ^^^' Provided that the salary and allowances of the assistant commis- :u jt 82 Viet, sioner apj)ointed in ])ursuance of this Act sliall be paid as part of '^■•*^'- the expenses of the Metropolitan Police, [^Proi'iso rep. 62 & 63 Vict. c. 26, s. 1, with saving for existing officers.'] 3. (1.) Section three of the Police Rate Act, 1868, with respect --Amendment to the allowances to an assistant commissioner of police shall apply 3^ ,;. 30 yj^^ as if the commissioner of jwlice of the metropolis were therein c. G7. mentioned as well as the assistant commissioners. ^- "^' ^^^ • 38 & 39 Vict. (2.) The Metropolitan Police Staff (Superannuation) Act, 1875, c. 28. shall ap]»ly to the commissioner and assistant commissioners of the 636 [Chap. 50.] ''""''"iflXfZiiii''"'''" [47 & 48 Vict.] Metropolitan Police so far as respects any salary, remnneration, or emolument received or enjoyed by any of them out of the expenses of the Metropolitan Police Force. \_Subsection (1) 7-ep. 62 & 63 Vict. c. 26, s. 1 (4), with saving for existing officers?^ Schedule. \_Setting out the short titles assigned to\0 Geo. 4, c. 44 ; 2 .t 3 Vict. ^. 47 ; 19 & 20 Vict. c. 2 ; 20 & 21 Vict. c. 64 ; 24 & 25 Vict. c. 124 ; 31 & 32 Vict. c. 67 ; a7id 38 & 39 Vict. c. 28. Eejj. 61 & 62 176'^. c. 22 (S.L.R.).'] CHAPTER 50. An Act further to amend the Acts relating to the raising OF Money by the Metropolitan Board of Works ; and FOR OTHER PURPOSES. \jth August 1884.] \_Preamble rep. 61 & 62 Vict. c. 22 i^S.L.R.).'] Short title. 1. This Act may be cited as the Metropolitan Board of Works (Money) Act, 1884, and the Metropolitan Board of Works (Money) Acts, 1875 to 1883, and this Act, may be cited together as the Metropolitan Board of Works (Moneyj Acts, 1875 to 1884. Construction 2. This Act shall be read and have effect as one with the of Act. Metropolitan Board of Works (Loans) Acts, 1869 to 1871, and the Metropolitan Board of Works (Money) Acts, 1875 to 1883. 3—7. \_I)ef nit ions of the expressions " Parks and Open Spaces Acts'' and ^^ Main Drainage Acts''— Amendment of ss. 11 and 12 of 46 & 47 Vict. c. 27 — Power to the Board to expend moneys for sundry purposes during the year 1885. Rep. 61 & 62 Vict. c. 22 {S.L.R.).^ Special power 8. . . . All the provisions of the Main Drainage Acts and the mn^^^for Metropolis Management Act, 1855, and the Acts altering or ^u^rpSes^of amending the same, for the time being in force relating to the naain drain- execution of works authorised by the said Acts respectively shall age and main continue in force, and shall extend and apply respectively to the works executed by means of money raised for the purposes of this section ; and all stock created under the authority of this Act for such purposes shall be deemed to be created for the purposes of the above-mentioned Acts respectively. \_Part omitted {as to poiver to expend money for purposes of main drainage and main sewers) rep. 61 & 62 Vict. c. 22 {S.L.R.)?\ Power to lend 9. . . . nn i p.-^i [4. & 48 Vict.] {Mo,u';j) Act 1884. t^^^«^^- '^^"'•^ ^'^^ of the Act of 1883, or in this section, shall be deemed to have prevented or to prevent the Board from agreeing that any such loan as is in the said sections respectively mentioned, and which has been or may be made by the Board to any vestry or district board, shall be repaid by such instalments or otherwise, and at such time or times (not exceeding the times by the said sections respectively prescribed) as the Board may think fit and the Treasury may approve. n^irf omitteil {poircr to the Board to lend to vetitrics arid, di-itrict boards, etc., till '.Mst JJeccmher 1885) rep. 01 & 02 \'ict. c. 22 {S.L.IL).-] 10. \_roiver to the Board to lend to guardians till Zlst December 1885. Rep. 61 and 02 Vict. c. 22 {S.L.R.). — Provision for repa>/- ment icitJnn a time to he approved b;/ the Treasun/ not exceeding 'M) years. Identical ivith such provision in 38 & 3'J Vict. c. 65, s. 5.] 11. [^Extension of amount ichich the Board may lend, to the Managers of the Metropolitan Asylum District. Rep, 61 k 02 Vict, c. 22 {S.L.R.).^ 12. [^Power to the Board to lend till 2>\st December 1885 to the School Board for London. Rep. 01 and 02 Vict. c. 22 (S.L.R.). — Provision as to repayment within a period not exceeding 50 years. Superseded 2 Edw. 7, c. 42, s. 5, and 2nd schedule, and 3 Edw. 7, c. 24, s. 1.] J.O. ...... Where the Board under the authority of this Act create con- Power to solidated stock to raise money for the purpose of the Fire Brigade ^^|j^^^*^g^{ Act, 1805, or to enable them to make a loan repayable within thirty stock. years from the date of such loan, the Board shall from time to time carry to the Consolidated Loans Fund such sums as the Treasury approve as being in their opinion sufficient to redeem within the period of thirty years from the date of the creation of such stock, or in the case of any such loan within any lesser period for which the same may be made, an amount of consolidated stock equal to that so created : and Where the Board are by this Act authorised to make a loan, the Board, instead of raising money for any such loan by the creation of consolidated stock, may use for any such loan any moneys for the time being forming part of the Consolidated Loans Fund, and not required for the i)aymcnts of the dividends on consolidated stock. Provided that no such moneys shall be used for any such loan which shall be repayable at any date later than the date at which such moneys will be required by the Board to pay off consolidated stock ; and Where the Board raise consolidated stock for the jnirpose of any scheme made by the Board under the authority of the Artizans and Labourers Dwellings Improvement Act, 1875,* or the Artizans and Labourers Dwellings Im))rovemeut Acts, 1875 to 1882,* and con- firmed by Provisional Order and Act of Parliament, there shall be repaid (as providetl by the Artizans and Labourers Dwellings Improvement Act, 1875,*) to the consolidated rate out of the local rate as defined by the said last-mentioned Act, all mt)neys required for payment of dividends on and the redemption of all consolidated stock created for such purpose. [Part omitted {as to power to the Board to create consolidated stock for the purposes of this Act) rep. 61 & 62 ]'ict. c. 22 {S.L.R.).'\ * Eep. and replaced bv the Housing of the Working Classes Act 1890. Eepayments to be carried to Consoli- dated Loans Fund. As to sale of superfluous lands. /'oo m„. ---i Metropolitan C oynmons Supplemental r/c-p^ioTr t 638 [Chap, ii.] ^ ^^^ ^ ^g^^ ^ ^ [4 / & 48 Vict.] 14 — 20. \_As to ratification of the BoarcPs expenditure for fire brigade purposes till d\st December 1883, and as to Metropolitan Bills. Rep 61 & 62 Vict. c. 22 {S.L.R.).'] 21. All sums received hj the Board in respect of interest on or principal of any loan made by them under this Act shall be carried to the Consolidated Loans Fund. 22. \_As to limit to the exercise of borrowing powers. Rep. 61 & 62 Vict. c. 22 (^.L.i?.).] 23. Notwithstanding anything in any Act of Parliament contained the prescribed period within which the Board shall absolutely sell and dispose of any lands acquired by the Board for the purposes of any street improvement or widening, or for the j^urposes of any apjjroach to any bridge, and not required for such purposes under any Act of Parliament jjassed before the first day of January one thousand eight hundred and eighty-one, shall be the sixth day of October one thousand nine hundred and twenty-nine, and as to any Act of Parliament passed in or subsequently to the year one thousand eight hundred and eighty-one shall be the first day of February one thousand nine hundred and forty-one, being the respective dates at which the consolidated stocks raised to defray the expenses of the Board in carrying into effect the said purposes, are respectively by law required to be redeemed. Provided always, that the Board may sell and dispose of any such superfluous lands at any time within the respective periods hereiu-before prescribed. All moneys received by the Board from the sale or disposition of such superfluous lands shall (except where otherwise specially provided by any Act) be carried by the Board to the Consolidated Loans Fund. \_See also 32 & 33 Vict. c. 102, s. 27 ; and 53 & 54 Vict. c. 41, s. 24.] First Schedule. \_Particulars of neio money poicers corf erred by this Act. Rep. 61 & 62 Vict. c. 22 {S.L.R.)?^ Second Schedule. \_List of the Parks and Ojien Spaces Acts referred to in s. 3. Rep. 61 k Q2 Vict. c. 22 {S.L.R.).'] Scheme as to .Streatham Common confirmed. CHAPTER II. Ax Act to confiem a Scheme under the Metropolitan Commons Act, 1866, and the Metropolitan Commons (Amendment) Act, 1860, relating to Streatham Common. [2^th April 1884.] \_Preamble recites that the Land. Commissioners for England have, in prursuance of the Metropolitan Commons Act, 1866, and the Metropolitan Commons Amendment Act, 1869, duly certified a Scheme for the establishment of local management with respect to Streatham Common, situate in the county of Surrey. *~\ 1. The Scheme for the establishment of local management with respect to Streatham Common, situate in the county of Surrey,* certified by the Land Commissioners for England t under their seal on the twenty-ninth day of December one thousand eight hundred and eightv-three, and contained in the schedule hereunto annexed, is hereby confirmed. ♦ Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). t Now the Board of Agriculture. See the Board of Agriculture Act 1889, s. 2. rA,vB Ac-vr -1 Metropolitan i^oinmoni^ ^iapnlemental rr'rr.^ ,•; i pqo [47 & 48 Vict.] ^ ^^^ ^ ^g^_ ^ ^ [Chap, u.] 039 2. This Act may l)e cited for all purposes as the Metropolitan f»bort title. Commons Supplemental Act, 1884. SCHEDULE. Metkopolitan C<>m.m()Ns Acts, 180G awl 18G9. Scheme with respect to Streatham Commoii. 1. Streatham Common, hei-ein-after called "the Common," in the county of Surrey,* as the same is delineated in a plan deposited with the Land Commis- sioners for England, shall henceforth for all the purposes of this Scheme be repfulated and managed by the Metropolitan Board of Works, t herein-after termed '' the Board." 2. [^Pnwev til (ipjxiint and rer/uldfe ojffirerx. Superseded by the Municiprd C'or- jKiratiiuix Act 1HH2, s.s. li) and "10 {see Apjicndix), and 51 & 52 Va-t. c. 41, s. 75. See also 18 A: ID Vict. c. 120, ss. 202 and 203.] '^. The Board may execute any works of drainage and improvement of the Common so far only as may be required for the purposes of the Metropolitan Commons Acts, and may, subject to such notices and proceedings (if any) as are by law required, divert, alter, and stop up existing footpaths and ways, and may lay out and make new footpaths and ways in substitution for or in addition to the same, and shall preserve the turf and grass, and for this purpose may enclose by fences for short periods, such portions as may require rest to revive the same, and shall also preserve the trees, shrubs, and plants, and so much of the gorse as they may deem desirable ; and they may plant or otherwise beautify the Common, and may provide and place seats and other conveniences for the accommodation of the public in suitable parts of the same, but shall do nothing that shall otherwise vary or alter the natural features or aspect of the Common. Ko house or any other building shall be erected on the Common, excejjt such lodges or other buildings as may be necessary for the maintenance or manage- ment of the Common. The Board may from time to time erect on the Common such lodges and other buildings as maybe necessary for the maintenance or manage- ment of the Common. [Xce also oO & 51 Vict. c. cvi. s. 50, a/id i)8 S: 5',* 1'/'^ c. cxxvii. s. 45.] 4. The Board shall maintain the Common as delineated in the said plan deposited with the Land Commissioners,t and therein described as the Upper Common and the Lower Common, free of all encroachment, and shall permit no trespass on or partial or other enclosure of any part thereof, and no fences, posts, rails, or other matters or things shall be maintained, fixed, or erected thereon without the consent in writing of the Board, but nothing in this section con- tained shall prevent the lords of the manor or their tenants or others, upon one month's notice given by such lords to the Board, from fencing off and appropriating the strip of land between the roadway and the plot of ground numbered six hundred and eighty-one on the said plan. 5 — 6. [.4.-,' to byelaivx. Superseded 53 & 54 Vict. c. ccxliii. ss. 14 — 21, and 01 & 62 Vict. c. ccxxi. .s'. Gl.] 7. The Board shall permit under regulations cricket and football to be played upon any part of the Lower Common, except the portions to be appropriated for riding purposes and the local cricket clubs, as herein-after mentioned, and the Board may restrict or prohibit or permit under regulations, as the Board may think fit, the playing of other games on the Upper Common, and except as aforesaid on the Lower Common. 8. The piece of ground now enclosed with chains at or near the spot marked C on the said plan having for a long series of years been kept in order by the local cricket clubs for matches, the Board shall reserve the said i)iece of ground exclusively for the matches of the clubs now using it, and of such other loc;il clubs as shall be authorised by the Board before the first day of February in any year, so long as such clubs or some of them shall keep the said piece of ground m order, or at the option of the Board shall contribute in equal shares such sums as shall be required for that purpose. 9. The Board shall appropriate for riding, and under regulations the exercise of horses, the strip or piece of ground forming the outer margin of the Lower Common, to the width of forty feet, and shall also permit riding on the piece of * Now the county of London. See 51 A: 52 Vict. c. 41, s. 40 (2). t Now the London County Council. See 51 ii 52 Vict. c. 41, s. 40 (8). 640 [Chap, ii.] ^Metropolitan (^^ommom Supplemental j-^. ^ ^^ ^^^^-^ ground of the same width crossing diagonally the Upper Common, and marked "ride " on the said plan. 10. Except for the owner or owners for the time being of the soil, it shall not be lawful, without the consent in writing of the Board, to form, build, or lay any sewer, drain, pipe, waterway, or other matter of like nature, in, into, or under any part or parts of the Common. 11. Except for those persons who now by law are entitled to do so. and whose rights shall not be purchased, acquired, or extinguished by the Board under this Scheme, it shall not be lawful to turn out on the Common for grazing any cattle, sheep, or other animals. 12. Xothing herein contained shall be construed as placing any of the public roads or highways on, across, or adjoining the Common under the care of the Board, or shall prevent the Yestry of Streatham* or the legally constituted road authority, by their officers and servants, taking such portions of the Common as they may require for the purpose of widening, with the consent in writing of the Board, the said roads or highways to the width of forty feet : but it shall not be lawful for the said Vestry or any other person or persons to make or form any new roads over and across the Common without the consent in writing of the Board. 13. l^Expeni^es of olituhung and of executing Scheme. Spent in part Remr. super- seded 51 & 52 Vict. c. 41, p)('''f' i^"-5 «'*'^ ^'J ift^ London Count)/ Coimcil {Mcrney) Acts 1885—1904.] 14. The Board shall be at liberty to receive and apply for the purposes of this Scheme, or any of them, any subscriptions or donations applicable thereto respectively that may come to their hands. 15. Xo proceeding touching the conviction of any offender under this Scheme, nor any order or other matter or thing whatsoever made, done, or transacted in or relating to the execution of this Scheme, shall be vacated, quashed, or set aside for want of form. 16. Saving always to all persons and bodies politic and corporate, and their respective heirs, successors, executors, and administrators, all such estates, interests, or rights of a profitable or beneficial nature in. over, or affecting the Common, or any part thereof, as they or any of them had before the con- firmation of this Scheme by Act of Parliament, or could or might have enjoyed if this Scheme had not been confirmed by Act of Parliament, except only so far as any such estates, interests, or rights shall be purchased, acquired, or extinguished by the Board, whether by agreement or compulsorily, as herein-after provided. 17. The lords of the manor of Fauxhall, otherwise Vauxhall, in the county of Surrey ;■'" claim the soil and freehold of the Common, and the mineral and valuable strata in or under the same. Rights of common of pasturage are claimed by certain owners and occupiers of freehold and copyhold lands and tenements within the manor as appendant or appurtenant to such lands and tenements. The right to take ice from one of the ponds on the Common is also claimed by the occupier of the messuage and premises known as " the Rookery," adjoining the Common. 18. The Scheme affects the .several estates, interests, and rights of a profitable or beneficial nature, in, over, and affecting the Common only so far as is abso- lutely necessary for the purposes of the Scheme, that is to say, by conferring on the Board powers of management, improvement, and control as herein-before provided, and for such purposes the power of restricting, diminishing, or ex- tinguishing such estates, interests, or rights, or any of them, whenever it shaU appear to the Board that the continuance of such estates, interests, or rights- will interfere with the control, preservation, or improvement of the Common by the Board, or with any of the purposes of this Scheme, upon payment by the Board of compensation to the bodies or persons severally interested in such estates, interests, or rights. The amount (if any) to be paid by the Board to such bodies or persons as and for compensation in respect of the restriction, diminution, or extinction of such estates, interests, and rights shall be settled by agreement, or failing agreement, then under the provisions of the Lands Clauses Consolidation Act, 1845, and the Acts amending the same, so far as the same relate to the purchase and taking of lands otherwise than by agreement, including therein the several provisions relating to the compensation for common or waste lands, and thereupon the several provisions of such portion of the Lands Clauses * Now the Council of the Metropolitan Borough of Wandsworth. See 62 & 63 Vict, c. 14, s. 4. t Now the county of London. See 51 & 52 Yict. c, 41, s. 40 (2). n'^ Sr 4 ^r^^r^i Metropolitan Board of Works rn — i /»ii [4 / & 4h Vict.] ^ yj.^^^^ ^,^^^^,^.^^ ^j;{^ ^^^^ [Chap, ccxxiii.] C41 ^ a 4^QO^ •- ( ' cmoas Fowers) Act 1684. [47 & 48 Vict.} " Street " shall have the meaning assigned to that term in the Metropolis Management Act 1855 and the Acts amending the same. • ••••• \_Pa7'ts omitted {definitions of " the Lands Clauses Acts,^^ " metro- polis,'^ " Justice" " lessee,'^ and '■'■ person^'' and as to the meanings of words in Acts incorporated) spent. ~\ 3. This Act is divided into parts as follows — I. Preliminary. II. New Streets. III. Amendment of Act of 1877. IV. Acquisition of Lands. V. Hackney Commons. VI. Miscellaneous. 4. \Incorporation of Lands Clauses Acts. Spent.'] 5 — 6. [Board to execute Act — Board may ax-t hj committee. Super- seded hy the Municijjal Corporations Act 1882, s. 22 {see Appe?idix)y and 51 & 52 Vict. c. 41, ss. 40 and 75.] Power to Board to make new streets. Paet II. ]!!\ew Streets. 7. Subject to the provisions of this Act in the lines according to- the levels and within the limits of deviation shown on the de- jiosited plans and sections the Board may make and carry into execution all or any of the new streets herein-after described (that, is to say) : — In the County of Middlesex.* 1. St. Pancras Lmpro'cement. A new street in continuation of Clarence Eoad commencing in- the Kentish Town Road at the junction therewith of Clarence- Eoad and terminating at the junction of Great College Street, and King's Road wholly in the parish of St. Pancras. 2. Poplar Lmprovement. A new street connecting Cotton Street with Preston's Road all in the parish of All Saints' Poplar commencing in Cotton Street at its junction with Wells Street, and terminating in Preston's. Road at its junction with Bedford Street. 8 — 10. [Power to the Board to stop up ways during works, to- raise or lower streets, and to deviate. Spent.l 11. [Power to the Board to make subsidiary works, to stop up and a/ppropjriate streets, to alter sewers and drains on 'prodding substitutes, tvhich are to be under the sa7ne management as existing sewers and drains7\ 12 — 13. [Power to the Board to alter water, gas, and other pijjes, a/nd to lay out carriageways and footways, and to ptrozide raults and other works and conveniences. Spent.] 14. [As to laying of pavements and vesting the same when laid in the vestry or the district board, of the parish t or district f icithin which the same are situate with the liability to repair the same.] * Now the county of London. See 51 & 52 Vict, c. 41, s. 40 (2). t Now the Council of the Metropolitan Borough. See 62 & 63 Vict. c. 14, s. 4. [^7 & 48 Vict.] ^^fopolitan Board of Works ^^.^^^._ ^^^^... -j ^,^3 -J {\ arious Foicers) Act \bi:>\. •- -J 15. [Poiver to the Hoard to fill up sewers and drains on providing substitutes, irJach are to be under the same management «.s exiMing sewers and drains^ 16. [^Poiver to the Board to alter steps, areas, pipes, etc. Spent.'] 17. \_Ground laid into streets to form part thereof and to be under the management of the testrg of the parish * or district board of the district * within which it is situate.'] 18 — 31. SfFime for completion of works limited to Zi years — Errors and omissions in plans — Powers to the Board, to enter upon and survey lands to be taken, and to take lands, and to appropriate to the Poplar improvement so much of the lands authorised to be acquired by 42 & 43 Vict. c. Ixxix. as is tvithin the limits of derintion for the Poplar improvement — Provisions as to acquisition of land a and as to compensation — Board to redeem land tax on lands acquired loithin 6 montlis after the acquisition thereof— Power to the Board, to sell materials, to grant building leases of lands not tvanted — Ground rents and reversions thereof to be sold — Power to sell such land without leasing, and to let or exchange lands — Board to sell surplus lands within such time as they think fit. Spent.] 32. \_Receipts of the Board to be effectual discharges.] 33. \Periodfor compulsory jjurchase limited to 3 years. Spent.] 34. The Board may su])ject to the provisions of this Act from time fower to to time enter into and carry into effect agreements with any person ^^^^'^ ^° being the owner of or interested in any Lands houses or property ments with abutting on any portion of any of the improvements with respect owners of to the sale by the Board to such person of any lands or property P^^P^^^J" ^^^' (including any street or thoroughfare or any part of a street or thoroughfare acquired by the Board under the powers of this Act and not required for such of the improvements) for such considera- tion as may be agreed ui)on between the Board and such person and the Board may accept as satisfaction of the whole or any part of such consideration by such person the grant of any lands or other property required by the Board for the purposes of this Act. 35 — 37. \_Board to keep separate accounts of the Poplar improve- ment — Poplar District Board to contribute up to half the cost of the same. Spent.] Paet III. Amendment of xlct of 1877. 38 — 41. [Extefisionfor 3 yea?'S of the period limited by 40 & 41 \'ict. c. ccxxxv. s. 3\ for taking lands, and amendment of s. 33 thereof {provision of labouring class dwellings). Spent.] Part IV. Acquisition of Lands. Gray^s Inn Road Improvement. 42. \_Power to the Board within 3 years from the passing of this Act to take the lands in St. Andrew, Holborn, shown on the deposited plans for the purpose of the Gray^s Inn Road improvement authorised by 40 & 41 Vict. c. ccxxxv. Amended 50 ct 51 Vict. c. cvi. s. 51, a7id spent.] *Now the Council of the Metropolitan Boioagh. See 62 & 63 Vict. c. 14, s. 4. 644 Power to Board to improve Plumstead Common. [Chap, ccxxiii.] Metropolitan Board of Works {Various Powers^ Act 1884. Plumstead Common. [47 & 48 Vict.] 43. Subject to the provisions of this Act the Board may enlarge and improve Phimstead Common by the addition thereto of certain waste hinds known as Sot's Hole in the parish of Plumstead and county of Kent * delineated on the deposited plans and described in the deposited book of reference and may for such purpose enter upon take and use the said lands. All lands in the parish of Plumstead acquired by the Board under the powers of this Act shall forthwith thereafter be added to become and be part of Plumstead Common and the same shall be subject to the exercise of all rights in over or upon Plumstead Common in all respects as though the said lands so added formed jmrt of the lands immediately before the passing of this Act subject to the provisions of the Plumstead Common Act 1878 and the provisions of the said Act shall extend and apply to the lands so added as though the same were included in the lands immediately before the passing of this Act subject to the provisions of the said Act. . . . \_Pai't omitted {as to bijelaivs^ superseded 53 & 54 Vict. c. ccxliii. ss. 14 — 21, and 01 & 62 Vict. c. ccxxi. s. 61.] Hackney Commons. Testing of Hackney Commons in the Board. Part V. Hacknej/ Commons. Interpreta- 44. In this part of this Act the expression " Hackney Commons tion of term as shown ou the deposited plans " means the several pieces of land shown on the deposited plans coloured green thereon and thereon described as lands intended to be treated as part of " Hackney Commons." 45. From and after the passing of this Act all such parts of Hackney (Jommons as shown on the deposited plans as were not immediately before the passing of this Act absolutely vested in the Board in fee simple are hereby vested absolutely in the Board in fee simple and the Board shall from and after the passing of this Act hold Hackney Commons as shown on the deposited plans (excepting any highways thereon) discharged from all estates interests rights titles charges and incumbrances whatsoever in to over or affecting the same or any part thereof but subject to the provisions contained in the Metropolitan Commons Supi)lemental Act 1872 and the scheme thereby confirmed with reference to Hackney Commons as defined by the said last-mentioned Act and scheme and the Acts altering amending or affecting the same as varied by this part of this Act and the Metropolitan Commons Supplemental Act 1872 and the said scheme and the Acts altering amending or affecting the same. . . . \_Part omitted (as to bf/elaws) sujjerseded 53 & 54 Vict. c. ccxliii. ss. 14 — 21, and 61 & 62 Vict, c. ccxxi. s. 61. See also ibid. s. 47.] 46 — 47. [^Provisions as to compensation. Spent.'] 48. For the purpose of determining the amount of compensation in respect of any claim by this part of this Act directed to be deter- mined by arbitration there shall be a standing arbitrator appointed and acting as follows (that is to say) : — (1.) The Board of Trade shall as soon as may be after the passing of this Act by writing under the hand of a secretary or an * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). Appointment of standing arbitrator. r47 & 48 Vict 1 Metropolitan Board of Works ^^ ..^ -, .^ . [4 . &. 4» V iCT.j ^ Various Foivers) Act 1884. V-^^^- ccxxm.j u^o assistant secretary of the said Board appoint a person to act as such standin<^ arbitrator. (2.) Any standing arbitrator may be removed from his office by tlie Board of Trade by writing under the liand of a secretary or an assistant secretary of the said Board. (3.) If any standing arbitrator dies or resigns or is removed from office the Board of Trade shall in manner aforesaid within one niontli after notice of his death resignation or removal a])point another person to be a standing arbitrator in his jdace. Before any standing arliitrator enters upon the duties of his office he shall in the ])resence of a Justice make and subscribe the following declaration (that is to say) : — I AJJ. do solemnly and sincerely declare that 1 will faithfally 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 Part V. of the Metro})olitan Board of Works (Various Powers) Act 1884. And if a standing arbitrator having made such declaration wilfully acts contrary thereto he shall be guilty of a misdemeanor. 49. The Board may from time to time as the consideration or Power to part of the consideration for the purchase of lands or for any ^^Tnt rights consideration which they may deem of public advantage grant (for br easements a limited time or in perpetuity) to any person upon such terms and over Hackney conditions as may be agreed upon between the Board and such Commonf,. person any right or easement in over or affecting Hackney Com- mons as shown on the deposited plans or any part thereof. Provided that the standing arbitrator shall at the request of the Board award that instead of making compensation for any private right of way over Hackney Commons the Board shall permit such private right of way to be exercised and enjoyed by any person entitled thereto as before the passing of this Act. And the standing arbitrator may if he thinks fit at the request of the Board and with the consent of any person entitled to compen- sation under this part of this Act award that the Board shall grant and thereupon the Board shall grant any such right or easement as aforesaid to such person in satisfaction wholly or in part of such compensation. Provided that no such right or easement shall be such as in the o})inion of the Board shall be inconsistent with the due execution by the Board of the provisions of the Metropolitan Commons Sup])lemental Act 1872 and the scheme thereby confirmed as varied by this ])art of this Act. The Board may from time to time by agreement with any person who may by or by virtue of any such agreement or award as aforesaid for the time being be entitled to any such right or easement in over or affecting TIacknev Commons as shown on the deposited plans jjurchase or aci{uire such right or easement on such terms and conditions as the Board shall think fit. Any person empowered by the Lands Clauses Acts or the Settled Land Act 1882 to sell and convey or release lands may subject to the provisions of the said Acts enter into any such agreement with the Board for the sale or release of any such right or easement as aforesaid. 50. The Board may from time to time by agreement with any rower to person exchange any lands forming part of Hackney Commons as ^^^ 646 exchange lands. [Chap, ccxxviii.] Powers of Board as to roads over Hackney Commons. Metropolitan Board of ^yorks (Bridges) Act 1884. [47 & 48 Vict.] shown on the deposited ])lans for any other lands adjoining which the Board may think it desirable to substitute for such first- mentioned lands. Any lauds given by the Board in exchange under the authority of this part of this Act shall thereupon cease to form any part of Hackney Commons as shown on the deposited plans although the same be shown on the deposited plans as part thereof. Any lands taken by the Board in exchange under the authority of this part of this Act shall thereupon be deemed to be and shall be held by the Board together with and as though the same were part of Hackney Commons as shown on the deposited plans and this part of this Act shall be construed accordingly. Any person emj^owered by the Lands Clauses Acts or the Settled Land Act 1882 to sell and convey or release lands may subject to the provisions of the said Acts enter into any such agreement with the Board for exchange of lands as aforesaid. 51. The Board may from time to time open or make or permit and suffer any person (upon such terms and conditions as the Board may think fit) to open or make any foot carriage or other way over Hackney Commons as shown on the deposited plans or any part thereof which the Board may deem proper for the use of the public. Provided always that until such way shall become repairable by the inhabitants at large the same shall continue subject to all bye- laws for the time being in force with respect to Hackney Commons as shown on the deposited plans. 52. \Pending actions concerning Hackney Commons may he pursued, as though this Act had not been passed. Sj^eiit.'] 53. \_Saving for the Great Bastern Raihvay Company^ Part VI. Miscellaneous. 54. {Expenses of executing Act. Superseded 51 & 52 Vict.c. 41, part iv., and by the London County Council Money Acts 1885 — 1904.] 55. \_Expenses of obtaining Act. Spent.'] Schedule. {Description of properties to be taken, to which s. 92 of the Lands Clauses Act 1845 is not to apply. Spe)it.^ Short title. CHAPTER CCXXVIII. An Act for enabling the Metropolitan Board of Works to ALTER the Situation of the new Battersea Bridge autho- rised BY the Metropolitan Bridges Act 1881 and for other Purposes. {Preamble recites that by 44 & 45 Vict, were empotvered (inter alia) to construct a Thames at Battersea with approaches but have not yet constructed the same, and that it is expedient that the bridge should be con- structed in an altered position, and recites the dej)Osit of [dans with the Clerks of the Peace for Middlesex and Surrey7\ 1. This Act mav be cited as the Metropolitan Board of "Works (Bridges) Act 1884. {fith August 1884.] c. cxcii. the Board neiv bridge over the rA" s Ao^T n Metropolitan Board of Works rrt — i z.*- [4. & 48 Vict.] (Bridge,) Act 1884. t^^^"^^' ^'C^^viii.] 64. 2. In tliis Act tlie following words and expressions have the Ipterpreta- several meanings hereby assigned to them unless there be something ^^^^ of terms. in the subject or context repugnant to such constrnction (that is to say) : — " The Board " means the Metropolitan Board of "Works * ; • • • • • • " The Act of 1881 " means the Metropolitan Bridges Act 1881 ; "The Act of 1S83" means the Metropolitan Board of Works (Bridges, etc.) Act 188:5 ; ^' The works by this Act authorised " includes the new Battersea Bridge and the widening of Battersea Bridge Road and the new road in the parish of St. Mary Battersea by this Act resj)ectiv('ly authorised and the viaducts embankments piers walls fences drains stairs buildings w^orks and conveniences connected with the said new bridge and widening and with the said new road respectively by this Act authorised ; \Farts omitted {definitions of " Lands Clauses Acts,^'' " Justice^'' " lessee,''^ and " personi^'' and. as to meanings of words in Acts incorporated) spent.'] 3. {^Incorporation of Lands Clauses Acts. Spent.] 4 — 5. [^Board to execute Act — Board may act hj committee. Superseded bij the Municipal Corporations Act 1882, s. 22 (see Appendix), and 51 & 52 Vict. c. 41, ss. 4ij and 75.] 6. Subject to the provisions of this Act the Board mav make Power to new Battersea Bridge authorised bv the Act of 1881 in the 'altered ™^^^^i^^'^- , ° , -, • 1 'i • 1 /• • 1 • • tion as to position shown on the deposited plans instead oi in the position new Batter- shown on the plans deposited for the purposes of the Act of IS^l sea Bridge and may in the lines according to the levels and within the limits A°\^°fi881^^ of deviation shown on the deposited plans make and (except as otherwise by this Act expressly provided) maintain the said bridge and the new road and road widening hereinafter mentioned that is to say : — A new road wholly in the parish of St. Mary Battersea com- mencing in the Battersea Bridge Road at its junction with Little Europa Place continued along the present line of the said place to a point in line with and thence to and along Cottage Place and terminating at the northernmost end of Cottage Place w^here it joins " The Folly " and The widening of Battersea Bridge Road in the same parish on the western side thereof from the termination of new Battersea Bridge to Bridge Road West. And in connection therewith all such viaducts embankments piers wharves walls fences drains stairs buildings and all such works and conveniences as they may deem ])ro})er. And all the provisions of the Act of 1881 as amended ])y this Act with res])ect to new Battersea Bridge and the works connected therewith shall extend and apply to the works authorised by this Act as though the same were authorised by the Act of 1881. Provided always that the works authorised by the Act of 1881 and therein described as new Battersea Bridge shall not (so far as they are ditierent from the "works by this section authorised) be made by the Board and that the Board shall not make the approai-h road to new Battersea Bridge in the county of Surrey f and parish of St. Mary Battersea * Now the London County Council. See 51 voard in executing the works by the said Acts and this Act authorised. 30—32. [Period for compulsory purchase of lands limited to 3 years — As to rehousing working class persons. Spent.~\ 33. [Power to theBoard to make agreementswith ownersqf property. Identical with such powers in 46 & 47 Vict. c. clxxviii. s. 47.] 34. The Board may defray the expenses from time to time incurred Power of by them after the ])assing of this Act in the execution of the Act {i{^'>^^^^o 1881 the Act of 1883 (except section fifty-six thereof and including penl^^s under the expenses of lighting the bridges required by the said Acts to be Act of I8SI maintained by the Board) and of this Act and not by either of the ^^t of 1S83 said Acts or this Act or any other Act otherwise expressly provided ^^{\ raisirn^ for. . . . [Part omitted {expenses to he defrayed as if expenses of ot^aivaehy the Board under 18 & 19 Vict. c. 120) superseded 51 & 52 Vict. ^. general rate. 41, })art iv.] 35. [Saving the rights of the Commissioners of Works.'] 36. [Saving the rights of the Crown.'] 37. [/'Expenses of obtaining Act. Spent.] 48 & 49 VICTORIA. A.D. 1885. CHAPTER 33. An Act to amend the Metropolis Management Acts. [31*^^ July 1885.] [Preamble {reciting 18 ct 10 Vict. c. 120) rep. 01 & 62 Vict. c. 22 (&Z./t'.).] 1. [Vestries of St. Mary Islington., Lambeth^ St. Pancras, St. Mary Abbott Kensington, and the Wandsworth District Board of Works to each elect 3 members, and the Vestries of Camherwell and Paddington and the District Boards of Works of Greenwich, Hackney, and Poplar to each elect 2 members of tlie Metropolitan Board of Works. Pep. 61 & 62 Vict. c. 22 (6'.L.iA).] 2. [The districts of Plumstead and Leicisham to cease to be united for the purpose of electing a member of the Metropolitan Board of Works and to each elect a separate member. Pep. 61 & 62 Vict, c. 22 {S.L.R.).] 3. . . . The vestries of the respective parishes of St. Peter and separation of St. Paul, Hammersmith and Fulham, shall ... be incorporated, fj^^JJjjJJ" ''^"'^ and shall have all such powers and be subject to all such provisions smith. as if they had been named in Part II. of Schedule A. to the said recited Act. [See 62 cV:. 63 Vict. c. 14, 6\ 1.] [Parts omitted (dissolution of the Fulham District Board of Woi-ks lammer- 650 Acts to be construed as one Act. Hammer- smith and Fulbam Dis- trict Board. Fulham dis- trict officers. Short title. [Chap. 50.] Met)'Opolitan Board of Works {Money) Act 1885. [48 & 49 Vict.] {from and after 2>\th March 1886) and as to election of members of the Metropolitan Board, of Works) rep. 61 & 62 Vict. c. 22 (/S'.L.it'.).] 4 — 5. \A8 to term of office and election^ etc. of members of the Metropolitan Board of Works. Rep. 61 & 62 Vict. c. 22 {S.L.R^.'\ 6. The said recited Act, and the Acts amending the same, and this Act shall be construed together as one Act. 7. All byelaws and regulations made by the Board of Works for the district of Fulham, and subsisting at the dissolution of the said Board, shall continue in force in the parishes of Saint Peter and Saint Paul, Hammersmith, and Fulham, until repealed or altered in accordance with the law applicable thereto. • ••••• [fart omitted (as to ap2J07^tionment of property, claims, demands, debts, and liabilities) re'p. 61 & 62 Vict. c. 22 {S.L.R.).'] 8. If any of the officers in the service of the Board of Works for the district of Fulham* shall, within one year from the dissolution of the said District Board, be appointed to an office in the service of the vestry of either of the said parishes of Saint Peter and Saint Paul, Hammersmith, or Fulham, the time during which he shall have been in the service of the said District Board shall, in com^ puting the time of his service for the purpose of superannuation under the Act passed in the twenty -ninth year of Her present Majesty, chapter thirty-one, intituled " An Act to provide for Superannuation Allowances to Officers of Vestries and other Boards within the area of the Metropolis Local Management Act," be added to the time during which he shall have been in the service of such vestry. 9. This Act may be cited for all purposes as the Metropolis Management Amendment Act, 1885. Short title. Construction of Act. Special power to expend money for purposes of main drain- age and main sewers. CHAPTER 50. An Act further to amend the Acts relating to the raising OF Money by the Metropolitan Board of Works ; and FOR OTHER PURPOSES. [Qth August 1885.] [Preamble rep. 61 & 62 Vict. c. 22 {S.L.R.).'] 1. This Act may be cited as the Metropolitan Board of Works (Money) Act, 1885, and the Metropolitan Board of Works (Money) Acts, 1875 to 1884, and this Act, may be cited together as the Metropolitan Board of Works (Money) Acts, 1875 to 1885. 2. This Act shall be read and have eftect as one with the Metropolitan Board of Works (Loans) Acts, 1869 to 1871, and the Metropolitan Board of Works (Money) Acts, 1875 to 1884. 3 — 9. [Interpretation of the exp)ressions " Parks and Open Spaces Acts''^ a/nd '■''Main ])rainage Acts'''' — Amendment of ss. 7, 10, and 12 of 4:7 & 48 Vict. c. 50 — Pof^ier to the Board to expend moneys for sundry purposes during 1885. Rep. 61 & 62 Vict. c. 22 (S.L.R.).] 10. . . . All the provisions of the Main Drainage Acts and the Metropolis Management Act, 1855, and the Acts altering or amend- ing the same, for the time being in force relating to the execution of works authorised by the said Acts respectively shall continue in * Now the Council of the Metropolitan Borough of Fulbam. See 62 & 63 Vict, c. 14, s. 4. T4S & 49 Vict 1 ^^^etropolitan Board of Work., ., . ^_45 &, 4J V icT.j {Mone^j) Act 1885. L*""^^- '^^'-l ''•^' force, and shall extend and ap])ly respectively to the works exeented by means of money raised for the })nrposes of this section ; and all stock created under the authority of this Act for such i>urposes shall he deemed to he created for tlie jiurposes of the above-men- tioned Acts respectively. \_Porf omifffd (a.s to power to the Boord to expend not exceeding £'80, '/ears. Superseded 2 Edw. 7, c. 42, s, 5, and 2nd schedule ; and 3 Edw. 7, C.24, s. 1.] 15. Where under the authority of this or any other Act the Protection of Board lend any moneys to any corporation, body of commissioners. Board in public body, or persons, tiie exercise of whose powers of borrowing ^^^^^j^^g"^' is subject to the consent of the Local Government Board, the sanction of that Board to the borrowings of such monevs shall in everv such case be conclusive evidence that such corporation, bodv 01 commissioners, public body, or })ersons had power to borrow such monevs. ^Wt •••••• "Where the Board under the authority of this Act create con-i'o^erto solidated stock to raise money for the purpose of the Fire ^uda'ted" Brigade Act, 1865, or to enable them to make a loan repayable stock, within thirty years from the date of such loan, the Board shall from time to time carry to the Consolidated Loans Fund such sums as the Treasury approve as being in their opinion sufficient to redeem AKo rn^.T. ^r\-\ Metropolitan Board of Wor/is r^of ^aat -i 652 [Chap. oO.] (Mone^) Act 1885. ^"^^ ^ ^^ ^^^^-^ within the period of thirty years from the date of the creation of such stock, or in the case of any such loan within any lesser period for which the same may be made, an amount of consolidated stock equal to that so created ; and Where the Board are by this Act authorised to make a loan, the Board, instead of raising money for any such loan by the creation of consolidated stock, may use for any such loan any moneys for the time being forming part of the Consolidated Loans Fund, and not required for the payments of the dividends on consolidated stocks Provided that no such moneys shall be used for any such loan which shall be repayable at any date later than the date at which such moneys will be required by the Board to pay off consolidated stock ; and AVhere the Board shall be of opinion that any moneys by this Act authorised to be raised for any purpose should be paid off within a period of thirty years or any lesser period, the Board instead of raising such moneys by the creation of consolidated stock may with the approval of the Treasury, use for such purpose any moneys for the time being forming part of the Consolidated Loans Fund, and not required for the payments of the dividends on con- solidated stock. Provided that no such moneys shall be so used unless provision shall be made in such manner as the Treasury approve for paying off the same at or before the date at which such moneys will be required by the Board to pay off consolidated stock ; and in every such case the Board shall from time to time raise as part of the consolidated rate such sums as the Treasury approve as being in their opinion sufficient for the payment of the interest on and for paying off the moneys used for such purpose at the date approved by the Treasury as aforesaid, and such sums shall from time to time be carried by the Board to the Consolidated Loans Fund. Where the Board raise consolidated stock for the purpose of any scheme made by the Board under the authority of the Artizans and Labourers Dwellings Improvement Act, 1875,* or the Artizans and Labourers Dwellings Lnprovement Acts, 1875 to 1882,* and con- firmed by Provisional Order and Act of Parliament, there shall be repaid (as provided by the Artizans and Labourers Dwellings Im- provement Act, 1875,*) to the consolidated rate out of the local rate as defined by the said last-mentioned Act, all moneys required for ])ayment of dividends on and the redemption of all consolidated stock created for such purpose. [Part omitted {as to power to raise consolidated stock for the 2)urposes of this Act) rep. 61 & 62 Vict. c. 22 (/S.Z.i?.).] Power for 17. The Board may from time to time within twelve months after Board after ^j^g issue of consolidated stock carry to the dividend account in the tcf apply^ ^^ Consolidated Loans Fund for the purpose of providing for the pay- moneys ment of dividends on such stock from the dates fixed at the time of raised by g^^ch issue though the same may be earlier than the dates fixed for ^p (jjyjjj™^/ receiving the cash instalments on account of such loan so much of from fixed the moneys arising from the issue of such stock as they may require dates. fV,]- that purpose, and as the Treasury approve and may from time to time apply the moneys so carried to such dividend account to the payment of such dividends. 18 — 24. [Ratification of the Board's expenditure for Fire Brigade * Pvep, and replaced by the Housing of the Working Classes Act 1890. rioc ^r.tr -1 Metropolis Board of Works rn„.^ ?;m «ko [48 & 49 Vict.] ^^^^^^^^^ ^^^ /gg^^ [Chap. oO.] 6o3 purposes till 'i\st December 1884 — Foicer to tJw Board to raise raoneij by metropolitan bills and pjrovisions relating thereto — Limit on borrowing in s. 38 of "^2 k 33 Vict. c. 1(J2, not to extend to moneys raised under this Act. Hep. 01 & 62 Vict. c. 22 (-S'. A. //.)■] 25. All snras received Ly the Board in respect of interest on or Repayments principal of any loan made liy them under this Act shall be carried ^^^^ consoH***^ to the Consolidated Loans Fund. dated Loang 26. \_Limit to exercise of borroiving poaers. Rep. Gl & G2 Vict.^^^"^' c. 22 {S.L.li.):] 27. In the following provisions of this Act relating to unclaimed ipterpreta- stock, unclaimed dividends, and unclaimed redemption moneys, the g^^^i^ fy[JJ,J; words, terms, and expressions following shall have the meanings ing pro- herein-after assigned to them respectively, that is to say : visions as to "Stock" shall mean any metropolitan consolidated stock here- ""^^^.^'"1^1. tofore created by the Board, or wliich the Board may hereafter dends, and be authorised to create, and includes any share or interest redemption .1 • moneys, therein ; •' " The bank " means the persons or body corporate who keep the books for the transfer of stock ; " The books of the bank " means the books for the transfer of stock. Provided, that in the event of the Bank of England ceasing to be the bank within the meaning herein-before assigned to the same term, the terms Governor and Deputy-Governor of the Bank of England shall be construed to mean res])ectively manager and assistant-manager of the bank, and the terms Accountant-General and Deputy Accountant-General of the Bank of England shall be construed to mean respectively the secretary and assistant-secretary of the bank. 28. All stock, no dividend whereon is claimed for ten years or Transfer of more (except where payment of dividend has been restrained by a "."'^^^^^^^'^ court of justice) shall be transferred in the books of the bank to the Board. Board to an account to be entitled " The Metropolitan Board of AVorks Unclaimed Stock Account." 29. Immediately after every such transfer the name in which List of names the stock stood immediately before the transfer, the residence and f^ock Trans- description of the parties, the amount transferred, and the date of ferred. transfer shall be entered in a list to be kept for the purpose by the bank. The bank shall during the six mouths next previous to such transfer, give notice in writing to the stockholder at his registered address, of the impending transfer to the Metropolitan Board of "Works. 30. Every such transfer shall be made and signed by the ^o^e of Accountant-General or the Deputy Accountant-General of the Bank ^'^^'^^fer. of England, and shall be as effectual to all intents as if signed by the person in whose name the stock then stands. 31. Where stock is transferred under this Act, all dividends ^J'^^i^e'irdTon accruing thereon after the transfer shall be paid to the Board, and j;tock trans- shall be from time to time carried to the Consolidated Loans Fund, ferred to be and may be applied by the Board to any of the purposes to which i"^*?*ted, etc. cajjital moneys forming i)art of the said fnnd are aiii)licable : Provided always that the Consolidated Loans Fund shall thereafter be charged with the })ayment of the claims of the persons entitled to any of the monevs carried to the said fund under this section. aKi rn«»T. r\r\i Metropolitan Board of Works rtos acwt t 654 [Chap. oO.] \Momif) Act 1885. ^^^ ^ ^^ ^^^'^-3 Re-transfer 32. The Governor or the Depntj-Governor of the Bank of England to pe^-so™^"^* may direct the Acconntant-General or the Deputy Accountant- showing title. General of the Bank of England to re-transfer any stock transferred under this Act to any person showing his right thereto to the satisfaction of the Governor or the Deputy-Governor of the Bank of England, and to pay the dividends due thereon as if the same had not been transferred or paid to the Board, and all moneys so jjaid on account of such dividends shall forthwith after notice of the payment of the same be repaid by the Board to the bank. But in case the Governor or the Deputy-Governor of the Bank of England is not satisfied of the right of any person claiming to be entitled to any such stock or dividends, the claimant may by petition in a summary way state and verify his claim to the Chancery Division of the High Court. . . . The petition shall be served on the Board, and the Court shall make such order thereon (either for re-transfer of the stock to which the petition relates, and payment of the dividends accrued thereon or otherwise) and touching the costs of the application as to the Court seem just. All costs and expenses incurred by or on behalf of the Board in resisting or appearing on any such petition, if not ordered by the Court to be paid out of the stock and dividends thereby claimed, shall be paid by the Board out of the Consolidated Loans Fund. AVhere any re-transfer or payment is made to any such claimant,, either with or without the authority of the Court, the bank shall give notice thereof to the Board within three days after making the same. IWords omitted (" of Justice'') rep. 61 & 62 Vict. c. 22 {S.L.R.).'\ Three months 33. Stock exceeding the sum of twenty pounds shall not be re'-Vransfe^cTr rc-trausferred from the Board under this Act, nor shall dividends payment. exceeding twenty pounds in the whole be paid to a claimant under this Act until three mouths after application made for the same nor until public notice has been given thereof, as in this Act is provided. Advertise- 34. The bank shall require the api:)licant to give such public reTransfer OT- ^^oticc as they think fit by advertisement in one or more newspapers payment. circulating in London and elsewhere. Every such notice shall state the name, residence, and description of the person in whose name the stock stood when transferred to the Board, the amount thereof, the name of the claimant, and the time at which the re-transfer thereof and payment of dividends will be made if no other claimant sooner appears and makes out his claim. Where any such re-transfer or repayment is ordered by the Chancery Division of the High Court . . . , the notice shall also state the purport of the order. [_Note to s. 32 applies7\ Application 35. At any time before re-transfer of stock or payment of rescindorder dividend as aforesaid to a claimant, any person may apply to the Chancery Division of the High Court . . . , by motion or jjeti- tion, to rescind or vary any order made for re-transfer or payment thereof. \fSote to s. 32 applies.'] Bank not 36. Where any stock or dividends having been re-transferred or toTecond^^ paid as aforesaid to a claimant by the bank, is, or are afterwards claimant. claimed by another person, the bank and their officers shall not be responsible for the same to such other claimant, but he may have recourse against the person to whom the re-transfer or payment was made. no f xmr.^r.,1 Metropolitan Board of Works rr< -at n~~ [48 & 49 Vict.] ^ ^^^^^^^^ ^^^.^ j^-^._ [Chap. oO.] Goo 37. If in any ease a new claimant establishes his title to any Order in stock or dividends re-transferred or paid to a former claimant, and second °^ is unable to obtain transfer or payment thereof from the former claimant claimant, tlie ( "hancorv Division of the Hio:h Court . . . sliall, ^bowing on a])plication by petition by the new claimant verified as the Court requires, order the I'oard to jtay to him such moneys in resi)ect of the stock and for dividend as the Court thinks jnst. Such payment shall be made out of the Consolidated Loans Fund or from other money at the disposal of the Board. \_^yote to s. 32 applirs.~\ 38. Where any dividend accrued due on any sum of stock is not F'ayment of claimed for ten years or more, the dividend so unclaimed and all ^"^1^^°)^^*^) dividends subseciuently accrued due in respect of the same sum of Board, stock and unclaimed shall be paid to the Board. All such dividends sliall l)e held and dealt with in like manner as nearly as may be as the dividends accruing on stock transferred to the Board under this Act after the transfer, and this Act shall accordingly liave effect in relation thereto, and to the application thereof, and claims to the same as if the foregoing provisions of this Act with respect to the dividends accruing on stock transferred to the Board under this Act were repeated and in terms made applicable thereto respectively. 39. All principal sums of money payable to any holder of stock Unclaimed redeemed bv the Board which shall not be claimed for ten years redemption after the day on which the same became due to such holder or for ten years after any dividend which accrued on such stock shall have been last claimed (except where payment of such principal sum or dividend shall have been restrained by a Court of Justice) shall together with all dividends due thereon be paid to the Board, and the receipt of the cashier of the Board for any such moneys shall be as effectual to all intents as if signed by the person in ■whose name the stock redeemed then stands, and thereupon the stock so redeemed shall be cancelled and all dividends and interest in respect thereof shall be extinguished, and all such moneys when received by the Board shall be from time to time carried to the Consolidated Loans Fund and may be applied by the Board to any of the purposes to which capital moneys forming part of the said fund are applicable. Provided always that the Consolidated Loans Fund shall thereafter be charged with the payment of the claims of the persons entitled to any of the moneys carried to the said fund under this section. 40. The Board may from time to time empower the bank to investigation investigate the circumstances of any stock or dividends remaining °f "^^'"'^"^: ... ^ ^ sttiDccs or unclaimed with a view to ascertain the owners thereof and allow unclaimed to them such comi)ensation as to the Board seems just for their dividends, trouble and expenses in that behalf. 41. The Board may from time to time allow to the bank a Allowance reasonable com})ensation for all expenses incurred by them in and °^ ^^^^^°^^^ about notices and advertisements directed by this Act and other services required or authorised by this Act. 42. Compensation allowed by the Board under this Act may be Taymcnt of deducted rateably from the stock and dividends from time to time tkm^nowed re-transferred or paid with reference to which the trouble, expenses, and services have been incurred and performed by the bank, or the 656 Indemnity to bank. [Chap. 68.] Metropolitan Police Stajf Superannuation Act 1885. [48 & 49 Vict.] same may be paid by the Board out of unclaimed stock or dividends transferred to or received by them. 43. The bank and the Governor or the Deputy-Governor of the Bank of England are hereby indemnified in respect of every transfer or re-transfer of stock or payment of dividends or moneys under this Act and shall not be in any manner responsible to any person having or claiming any interest therein. SCHEDULES. First Schedule. \_Particulars of new money powers conferred by this Act. Rep. 01 & 62 Vict. c. 2^\S.L.R.).'] Second Schedule. [List of Parks and Open Spaces Acts re- ferred to in s. 3. Re'p. 61 & 62 Vict. c. 22 {S.L.R.).'] Short title. Amendment of Order tinder CHAPTER 68. *Ax Act to amend the Metropolitan Police Staff Super- annuation Act, 1875. \_Y^th August 1885.] {Preamble {reciting 38 & 39 Vict. c. 28) rep. 61 & 62 Vict. c. 22 (-S.L./^.).] 1. This Act may be cited as the Metropolitan Police Staff Superannuation Act, 1885. This Act shall be construed as one with the Metropolitan Police Staff Superannuation Act, 1875, and together with that Act may be cited as the Metropolitan Police Staff Superannuation Acts, 1875 and 1885. 2. The Secretary of State may from time to time make a new Order in pursuance of section one of the Metropolitan Police Staff sslTsgYict. (Superannuation) Act, 1875, and may thereby revoke or vary any c. 28. Order previously made in pursuance of that section, whether before or after the passing of this Act. Provided that — ia) any such Order shall not apply without his consent to any person holding office at the time when the order is made ; and {Jj) if any superannuation allowance has been granted before the making of the Order to any ofticer in pursuance of an Order made under the said Act the Secretary of State may, if he think fit, grant to such oflicer on his application a super- annuation allowance in accordance with the new Order in lieu of the superannuation allowance previously granted. 3. The regulations contained in the schedule to this Act shall have effect as if contained in an Order made by the Secretary of State in pursuance of the Metropolitan Police Staff" (Superannuation) Act, 1875, as amended by this Act, and they shall accordingly be subject to the provisoes subject to which an Order made in pursuance of this Act is subject. Order in schedule. SCHEDULE. Regulations. Paragrajjh thirteen of the Order made by the Secretary of State in pursuance of the Metropolitan Police Staff Superannuation Act, * Amended 60 & 61 Vict. c. 26, s. 5. Metropolis ( Ilufjlies Fields^ [48 & 40 Vict.] Veptford) Provisional Order [Chap, xcix.] 057 Co/ijinrtation Act 1885. 1875, and dated the first day of January one thousand eight hundred and seventy-six, shall l)e revoked, and the followiiifr y)aragra{>h shall have effect as if inserted in the Order in lieu thereof: III .sidi.sfifafionj'or PfiragropJ) 13. "Where an officer holding any employment remunerated out ofliightto public moneys, and not in the police service, is appointed to the sup^'rannua- })f)lice service, the Secretary of State may grant to snch officer, npon ^nce of his ultimate retirement from the police service, the same super- officer annuation, compensation, gratuity, or other allowance as he might ^J^^"*^^^"®*^ have granted under this order if the whole period of the service of public em- such officer in employments remunerated out of public moneys ployment to- which has been jiractically continuous had been in the police service, pol'^e subject nevertheless to a deduction of the amount of such pension, gratuity, or other allowance as may be otherwise allowed him in respect of his i)revious employment remunerated out of public moneys : Provided that if his service in his former employment has formed his qualification under an Order made in pursuance of Regulation four of this Order, either the period of his service in such emjiloyment or the number of years added by such Order may be reckoned, Init ])oth shall not be reckoned for the pur])Ose of any such su])erannuation, compensation, gratuity, or other allowance to be granted in pursuance of this Order. CHAPTER XCIX. An Act to confirm a Provisional Order of one of Her Majesty's Principal Secretaries of State for the Im- provement of an unhealthy Area situated at Deptford within the Metropolis. {2^nd Juli/ 1S85.J [Preamble.'] 1. The Order set out in the schedule hereunto annexed is hereby confirmed. Order in 2. This Act may be cited as the Metropolis (Hughes Fields, schedule Deptford) Provisional Order Confirmation Act, Isso. confirmed. Short title. SCHEDULE. The Mktropolis (Hl-ohes Fields, Deptfokd) Improvement, 1885. [Provisional Order of the Home Secretary dated 2^rd April 1885, confirming a Scheme of 'ilnt October 1884, prepared by the Metropolitan Board of Works nuder the Artizans ami Labourers DxcelUngs Improvement Acts 1875 — 1882, for the improreiitetit (f an unhealthy ana in the jjarishes of St. Nicholas ami St. Paul, Deptford, in the di.itrict of Greena-ich. The Order recites that the tiumber of persons of the icorking class to be displaced by the Scheme is estimated at 1,040, and tluit in addition there is accommodation for 140 persons in registered lodging luntses. The Order provides for clearing the improvement area and for the erection thereon of direllings to accommodate not less than 1,786 persons of the icorking class, and also requires the widening of Butcher Row, so far as affected by the Scheme, as nearly as may be to '60 feet ; and ial Order of the Home Secretary dated 2?>rd April 1885, confirming a Scheme of 31.s< October 1884, prepared by the Metropolitan Board of Works under the Artizans and Labourers Dioellings Improvement Acts 1875 — 1882, for the improvement of an unhealthy area in the 2)arish of St. Mary Newington. The Order recites that the number of 2^ersons of the loorking class to be disp)laced by the Scheme is estimated at 194. The Order provides for clearing the imiprovement area and for the erection of dwellings thereon to accommodate 7iot less than 220 persons of the worki7ig class, and for the formation of a new street, 40 feet wide, from Tabard Street to Great Dover Street. Spent^ CHAPTER CLXYII. An Act to confer Powers on the Metropolitan Board of Works with respect to the making of a new Street in the Parishes of St. Andrew Holborn and of St. James and St. John Clerkenwell, the establishing and regulating of a Ferry across the River Thames at Woolwich, the PROVIDING OF Recreation Grounds for the Public, and for other Purposes. [6M August 1885.] [Preamble recites (inter alia) that it is expedient that the Metropolitan Board of Works {hereinafter called the Board) should be authorised to make the new sti-eet hereinafter mentioned ; and recites that the establishment of a ferry across the Tha?nes at Woolwich to be used free of tolls tvould be attended toith great local and. public advantage., and that it is expedient that the Board should be authorised to establish, maintain, and regulate the said ferry ; and recites that it is expedient that the Board should be authorised to acquire certain lands delineated on the deposited plans and described as Highbury Fields, and to maintain the same for the perpetual use thereof by the public for exercise and recreation ; and recites that the Estates (jrocernors of Dulwich College are desirous of transferring as a gift to the Board, certain lands in Camberwell to he held, by the Board as a public park for the perpetual use thereof by the public for exercise and recreation ; and recites that by the Education Department Provi- sional Order Confirmation {Londoti) Act 1884 the School Board for London obtained power to acquire two pieces of land forming part of Plumstead Common ; and that the Board acquiesced in the said r48 & 49 Vict 1 Metropolitan Board of Work,, . . , po'irers bcimj obtained in connidfration of an arrangement that they i<.hoidd onlij be partiall;/ exercised and that certain other lands adjoining Flumsteud Common {the property of flie said Scliool Board) should be added to Plumstead Common in exchange for the small pieces thereof to be appropriated hy the School lioard^ and that it is expedient that the provisions in this Act for giving effect to such arrangement should be made ; and that a plan {marked A) of the said land at Flamstead Common upon which the land to be acquired and rested in, tfi.e School Hoard i.s ). t Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). 660 rCHAP clxvii "1 ^Metropolitan Board of Works r^g „ . q y -. ODU L^HAP. cixvii.j ^ Various Poivers) Act 1885. L*^ ^ ^^ ^ ^^^'J Common Road on the south Lordship Lane and Court Lane on the north-east and College Road on the west delineated on the plan (marked B) signed by the Honourable Algernon Fulke Egerton the Chairman of the Committee of the House of Commons to whom the Bill for this Act was referred ; " The Lands Clauses Acts " means the Lands Clauses Consolida- tion Acts 1845 1860 and 1869 (except section 133 of the Lands Clauses Consolidation Act 1845) as the same are amended by the Commonable Rights Compensation Act 1882 and the Lands Clauses (Umpire) Act 1883; " Metropolis " means the metrojjolis as defined by the Metropolis Management Act 1855 ; " Street " has the meaning assigned to that term in the Metropolis Management Act 1855 and the Acts amending the same ; " Street authority " means with respect to any parish mentioned in Schedule A. to the Metropolis Management Act 1855 or to- any district formed by the union of the j^arishes mentioned in Schedule B. to the said Act the vestry of such parish * or the board of works for such district * as the case may be and the term " district " in relation to a street authority means the area subject to the jurisdiction of such street, authority. • ••••• And the several words and expressions to which by the Acts wholly or partly incorporated herewith meanings are assigned have in this Act the same respective meanings unless there be in the subject or context something reiragnant to or inconsistent with such construction : Provided always that for the purposes of this Act the expression "the i^romoters of the undertaking " in the Lands Clauses Acts shall be construed to mean the Board and the expression " Lands Clauses Act " and " Lands Clauses Act 1845" in the Commonable Rights Compensation Act 1882 shall be construed as tliough the same had been thereby declared to mean the Lands Clauses Consolidation Act 1845 and that for the purposes of this Act the expression " superior courts " or " court of competent jurisdiction " or any other like expression in this Act or any Act wholly or partly incorporated herewith shall be read and have effect as if the debt or demand with respect to which the expression is used were a simple contract debt and not a debt or demand created by statute. [Parts omitted {definitions of " Justice,'" " two Justices, ^^ " lessee,* and '■fjerson ") spent^ Division of 3. This Act is divided into parts as follows : — ^^V°^° I.— Preliminary. 11. — Street and Ferry Improvements. 111. — Recreation Grounds. IV. — Miscellaneous. parts. Incorporation 4. The Lands Clauses Acts are (except where expressly varied by Classes Acts ^^^^ ^^^) incorporated with and form part of this Act. 5 — 6. \_Board to execute Act — Power to act hy committee- Superseded by the Municipal Corporations Act 1882, s. 22 {see^ Appendix), and 51 & 52 Vict. c. 41, ss. 40 and 75.] * Now the Council of the Metropolitan Borough. See 62 & 63 Vict. c. 14, s. 4. iTAoe An\r -} Metropolitan Board of Work.'i rn i •• -i nm [48 & 49 Vict.] . ,.J. r.. ,■. , ..- [Chap, clxvii.] 661 (^Variouii Powers) Act 1885 PART 11. Street and Ferry Improvements. Street Improvement. 7. Snhiect to tlio provisions of this Act in the lines according: to Power to tlie levels and within the limits of deviation shown on the deposited ^'°^^'^^° I 1 i^- ii i> 1 11 , 1 • /. make new plans and sections the noard may make the new street herein-atter street. described (that is to say) : — A new street ])artly in the parish of St. Andrew Holborn ami partly in the parish of St. James and St. John Clerkenwell in the county of Middlesex * commencing in the parish of St. Andrew Holborn o])posite to the north-western angle of the Holborn Town Hall at the junction of Clerkenwell Koad and (Cray's Inn Road constructed in part on viaduct and terminating in the ])arish of St. James and St. John Clerkenwell in St. John Street Road about 30 yards to the north-west of the junction of Myddleton Place therewith. 8. {^Saving for lands of the Metropolitan Railway Compamj. 'Spent.] 9. In making the new street and executing the works for the For the pro- street improvement the following provisions shall have effect for ^^ction of the protection of the railway of the Metropolitan Railway Company iiaiiwav which passes under the roadway of Exmonth Street and Farringdon Compariy. Road and also under houses and other property in the parish of St. James and St. John Clerkenwell in the countv of Middlesex * — • ••••• If bv reason of the execution of anv of the works of the Board or the failure of any such works or any act or omission of the Board or of their contractors or otherwise the railway or any of the works connected therewith shall be injured or damaged such injury or damage shall be forthwith made good by the Board at their own expense or in the event of their failing so to do then the Railway Comjiany may make good the same and recover the expense thereof with fall costs against the Eoard in any court of competent jurisdiction and if any interrui)tion shall be occasioned to the traffic of the Railway Oii to till' London proaches thereto piers. and to prevent the intrusion thereon of improper persons or persons 664 rri ^ •• 1 Metroijohtan Board of Worka [Chap, clxvii. ,.^ ^. n \ i ,,100^ L -■ (I arwtfs Fowets) Act ISSd. [48 & 49 Vict.] Byelaws as to ferry. Saving rights of Water- men's and Lightermen's Company. Limiting in- terference ■with piers at Woolwich. who have no intention of embarking on board any vessel or boat from such piers landing places or other works and to remove any persons who may unnecessarily linger or loiter on or abont such piers landing places or other work and to assist any vessel or boat in making fast to such piers landing places or works. 23. The Board may subject to the provisions of this Act from time to time make alter repeal vary amend and enforce byelaws with respect to the ferry improvements and any piers landing places or other works acquired or constructed by the Board in connexion with the same for all or any of the purposes following (that is to say) : — For regulating controlling and limiting the use of such improve- ments piers landing jjlaces and works ; For preventing the commission of any nuisances in or upon any of such improvements piers landing places or works ; For preserving such improvements piers landing places or works and preventing injuries and damages to the same ; For regulating the duties and conduct of all persons as well the officers and the servants of the Board as others who shall be employed in and about such improvements piers landing places and works and in and about the vessels or boats used for the purposes of the ferry by this Act authorised ; For regulating the conveyance of passengers animals vehicles and goods in or upon any vessels or boats at such ferry piers landing places and works respectively and the embarkation and disem- barkation of the same respectively and for prohibiting the embarkation of any animals vehicles or goods in any vessels or boats used for the purposes of the ferry by this Act authorised which may in the oi:)inion of the Board be injurious to or prejudicially affect the use of such vessels and boats or the traffic to be carried therein. ISee also 18 & 19 Vict. c. 120, s. 202 ; .55 & 56 Vict. c. ccxxxviii. s. 39 ; and 57 & 58 Vict. c. ccxii. ss. 5 — 7.] 24. Except as by this Act is expressly enacted nothing in this Act contained shall extend or be construed to extend to prejudice or derogate from the charters and grants of the "Watermen's Company or the provisions of the Watermen's and Lightermen's Amendment Act, 1859 or such of the provisions of the Thames Conservancy Act 1864 * as relates to the Watermen's Company. 25. \_Poiver to the Board to stop up ivays temjjorarily for the purposes of the street and. ferry improvements. Spent.'] 26. Nothing in this Act contained shall enable the Board in the construction of the piers 'landing j^laces pontoons and works by this Act authorised to interfere either temporarily or permanently (except so far as may be absolutely necessary for the due and proper con- struction of the same) with any piers landing places works and conveniences belonging to or leased to the Great Eastern Railway Company or to the River Thames Steamboat Company (Limited) at North or South Woolwich or there used by the River Thames Steamboat Company (Limited) and the Board shall compensate the said Companies respectively for any interference damage or injury caused to their said piers landing places works and conveniences or to the access thereto by the construction of any of the works by this Act authorised. Any dispute which may from time to time * Rep. and replaced 57 & 58 Yict. c. clxxxvii. (see Appendix). r48&49ViCT.1 /,'■'• n . //iw - [Chap. clxvii.J 660 arise l)etween tlic Board on the one hand and the said Companies ■or either of them under the provisions of this section on the otlier hand shall he determined by a single arl)itrator to be appointed by the Board of Trade and the provisions of the Railway Companies Arbitration Act 1809 shall apply to any such arbitration as if the Board were a railway company. \_See 4 Edw. 7, c. cciii. s. 14.] 27—28. \l*oicer to the Board to raise or lower streets and to deviate not exceeding 3 feet from the lecela defined, on the deposited sections. Spent.~\ 29. [Power to f/n' lUuird to make subsidiary/ works to stop up and appropriate .streets and to alter drains and sewers on providing ■substitutes, which are to be under the same management as existing drains and sewers.^ 30. The Board shall not interfere with or obstruct any road Access to footi)ath or wav leading to the North Woolwich station of the Great certain E^,t i> -I " /( • I J. X J.1 stations not astern Itailway Company in such a manner as to prevent the to be inter- access to and egress therefrom or to stop np any street road or fered with, footway necessary for the i)urpose of such access and egress without first providing a sufficient substitute therefor. 31 — 32. [Pofce/- to the Board to alter water., gas., and other jjipes, and to lay out carriageways, footways.^ etc. Spent.\ 33. [-l*' to laying of pavements, and vesting the same ichen laid in and as to the maintenance thereof by the street authority in ichose district they are situate.~\ 34. [Power to the Board to fill up sewers and drains on providing substitutes, ivhich are to be under the same management as existing setvers and drains.^ 35. [Foicer to the Board to alter steps, areas, pipes, etc. — Parts of street and ferry improvements laid out for carriageways or foot- loays to be public streets, the soil the^-eof to be vested in the Board, but the maintenance thereof to be under the management of the street authority of the district in ichich the same are situate.'] 36. [ Vestry of St. James and St. .John, Clerkenwell,* to maintain the new street from Grays Inn Road to St. John Street Road, and also the viaduct foundations or substructures retaining ic alls and loorks connected therewith.'] 37 — 38. [Periods for completion of icorks limited to and for compulsory jjurchase of lands to 3 years.] 39. [For protection of the Havering and Dagenham, etc.. Commis- sioners of Sewers. Semble not applicable within London. See the Land Drainage Act 1861, s. 2.] 40. [Expenses of executing Act (as regards ferry improvements)^ Superseded 51 & 52 Vict. c. 41, part iv.] PART III. Recreation Grounds. Highbury Fields. 41. Snbjoct to the jirovisions of this Act the Board may appro- Power to priate and maintain in the jjarish of St. ]\lary Islington as an open ^'^''^i"^ *" space to be dedicated to the perpetual use thereof by the public mghbury for exercise and recreation as by this Act provided the lands known Fields as' an * Now the Council of the Metropolitan Borough of Finsburv. See 62 & G3 Vict. °^^ space, c. 14, s. i. me rp 1 •• 1 Metropolitan Board of Works "- • - -J {Various Powers) Act 18S6. [48 & 49 Vict.] as " Highbury Fields " (and which are herein-after referred to as " Highbury Fields ") which are delineated on the deposited plans and described in the deposited book of reference and they may for such purpose enter upon take use hold and acquire all or any of the said lands and shall hold and maintain Highbury Fields as and when they obtain actual possession of the same for the perpetual use thereof by the public for exercise and recreation and may from time to time fence and enclose the same or any part of the same and make such provision as may be necessary for maintaining and protecting the same for such use as aforesaid, but they shall not erect over the Great Northern Railwav or anv of the said lands belonging: to the Great Northern Railway (Company any dwelling-house stables or other permanent building of any kind whatever and any sewers drains or watercourses constructed under the powers of this Act over the said railway shall be laid and constructed to the satisfac- tion of the principal engineer for the time being of the Great Northern Railway Company. 42 — 43. \Confirmation of the agreement set forth in the first schedule to the Act — As to payment of consideration thereunder. Spe?it.j 44. When the Board have purchased or acquired under this Act any interest or right in over or affecting Highbury Fields they may as they think most expedient with a view to securing the use of Highbury Fields by the public for the purposes by this part of this Act prescribed either extinguish the same or retain hold and exercise the same wholly or jiartially, 45. Nothing in this part of this Act contained shall limit or affect any powers which the Great Northern Railway Company may now have of entering upon Highbury Fields for the purpose of opening and breaking up the said fields for the purpose of constructing thereunder any tunnel or tunnels in addition to the existing tunnel constructed by them under the said fields or for the purpose of the maintenance repair enlargement widening or extension and improve- ment of the tunnels railways and works of the said Company for the time being situate in and under Highbury Fields : Provided that the said Company shall not permanently alter or disturb the surface of any part of Highbury Fields and that whenever in the exercise of the powers by this section conferred upon them they break open or disturb the surface of any lands being part of Highbury Fields they shall as soon as may be thereafter make good and restore the same to the same condition as they were previously to such breaking up or disturbance. 46. [^6- to separate accounts. Superseded 51 & 52 Vict. c. 41,. s. 68.] 47. [ Vestry of St. Mary, Islington, to contribute up to one-haAf of the cost of acquiring Highbury Fields. Spent.'] DuLwicH College Lands. Transfer of 48. From and after the twenty-ninth day of September one r"/w*^^ thousand eight hundred and eighty-five all the estate and interest to Board for ^f the Governors of Dulwich College respectively in or to the public park. Dulwich College lands shall by virtue of this part of this Act be transferred to the Board by way of gift and the same shall become vested in the Board absolutely and the Board shall hold the said lands and every part of the same (as and when they obtain actual Power to extinguish rights etc. when pur- chased. Protection of Great Northern Piailway Company. rAoSrACi^r. 1 Metropolitan Hoard of Work.-i rr^ ^ •• t /»/»- [48 & 49 Vict.] ^ yj^^^^ ^,^^^^^.^^ ^^ ^ ^3 . _ [Chap, clxvii.] 66 . possession of the same respectively) and from time to time lay ont maintain and ])re8erve the same and every part of the same as a public park for the perpetual use thereof by the public for exercise and recreation And the said twenty-ninth day of September one thousand eijj;ht hundred and ('i<,'-hty-five is herein-after referred to in relation to the Dulwicli College lands as '* the day of transfer " : • ••••• \Part omitted {as to rents till the Board obtain possession) spent.'] 49. Subject to the provisions of this Act the Board may Irom I'o^^'^''' to time to time after the day of transfer jjurchase by agreement but fj"^5^j^g^^ not otherwise all such estates interests and rights in over or atfe(,'t- in Duiwich ing the Duiwich College lands as they think it requisite to acquire College lands. for the better execution of this part of this Act with respect to the use maintenance and preservation of the Duiwich C)ollege lands for the ])ur])()ses prescribed by tiiis part of this Act and for the j)urpose of ai)i)lying to any such purchase the ])rovisions of the Lands Clauses Acts with respect to the purchase and taking of lands by agreement the term "lands" in the said provisions shall be construed to include such estates interests and rights. 50. When the Board liave jmrchased nii .n n a-?; r49 & ;)(J Vict.] ^^^^^^^^^^^^ ^.^^.^ ^^^^^ [(.hap- 44.] 6.5 CHAPTKH 44. An Act further to amend thk Acts relating to the raising OF Money by the Metropolitan Board of Wokks ; and FOR OTHER PURPOSES. [20^/; Jutie 1886.] [Preamble recitex. (inter alia) 48 k 40 Viet. c. 50 {in this Act referred to as '' t/te Act oj' I8/48 & 49 Vict. c. 50 — Power to the Board to expend moneys till '^\st December 1887 for the purposes of ¥.) &, 50 Vict. c. cxii. Spenti] 9. [Poiver to the Board to lend money till '^\st December 1887 to the Receiver of the Metropolitan Police. Rep. 50 & 51 Vict. c. 31, .s. 8.] 10. \fPou'er to the Board to expend moneys for sundry purposes duriiHj 1887. Spent.'] 11. ... All the provisions of the :\Iain Drainage Acts and the fP^^^'^gP^'^^'' Metroi)olis Management Act, 1855, and the Acts altering or amend- money for ing the same, for the time being in force relating to the execution purposes of of works anthorised by the said Acts respectively shall continne in "^^^" dram- force, and shall extend and ap])ly resjiectively to the works executed sewers. by means of money raised for the ]»nrp()ses of this section ; and all js ^ y\ yjcf stock created under the authority of this Act for such purposes shall c 120. be deemed to be created for the purposes of the above-mentioned Acts respectively. [/V/y^ omitted (as to poicer to the Board to expend not exceeding £340,000 during the year ending '^Ist December IbSl for the purposes of main drainage and main sewers) spent. ^ 12. [Poicer to the Board to lend £5,000 to the Vestry of St. George, Hanover Square, for the jmrchase of lands and the erection of buildings for the accommodation of the vestry and guardians. Spent.] -t o Power to lend XO« • • • " • • A. A. • to v^^triGS Money lent by the Board under section twelve and this district ' section shall, notwithstanding anything in any other Act, be repaid boards, to them, with interest, within such time after the borrowing as the t-orporations, -n 1 1 1.1 1 -.1 ...I 1 r i.1 T ^ burial boards, Botird and the borrowers, with the approval ot the Ireasury, agree : ^.j^ Provided that the time after tlu' borrowing witliin which such moneys shall be repaid to the Board shall not exceed in the case of a loan for purposes of improvements in relation to streets or bridges, or for the jtnrpose of ])nrchase of land in fee simple, sixty years, and for any otlicr purpose thirty years : Provided further, that nothing in this section shall be deemed to prevent the Board from agreeing that anv such loan as is in this section mentioned, Protection of Board in case of certain loans. 676 rC'H AP 44 1 Metropolitan Board of Works ..^ o ^^ y -, i b [L HAP. 44.J (Money) Act 1886. L*^ \st JJecemher 1887 to lend to vestries and district boards a.nd other public bodies levying rates in the metropolis) spent^ 14. [^Poicer to the Board to lend to boa.rds of guardians in the metropolis till "i^Ast December 1887. Spjent. — Provision for repay- ment u-itJdn a time to be approved, by the Trea.sury not exceeding 30 years. Identical with such provision in 38 & 39 Vict. c. 65, .s-. 5.] 15. [^Extension of the amount which the Boa.rd may lend to the Managers of the Metropolitan Asylum District. Soard of Works (Various Powers) Act 1886. Interpreta- 2. In this Act the following words and expressions have the tion of terms. gg^.^,^,-i^l meanings hereby assigned to them unless there be some- thing in the subject or context repugnant to such construction (that is to say) : — " Dulwich College lands " means the lands in the parish of Camberwell and county of Surrey* lying between Dulwich Common Poad on the south Lordship Lane and Court Lane on the north-east and College Road on the west delineated on the plan (marked B) referred to in the Act of 1885 ; " Street" has the meaning assigned to that term in tlie Metropolis Management Act 1855 and the Acts amending the same ; "Street authority " means with respect to any parish mentioned in Schedule A to the Metropolis Management Act 1855 or to any district formed by the union of the parishes mentioned in Schedule B to the said Act the vestry of such parish f or the board of works for such district f as the case may be and the term " district " in relation to a street authority means the area subject to the jurisdiction of such street authority. \Parts omitted {definitions of " Lands Clauses Acts,'''' " metropolis^'' ''''Justice^'' '•''two JiL^ticesT '"'■ lessee,^' and '-'' pjerson^'' and as to meanings of words in Lands Clauses Acts incorporated) spent. ^ Division of 3. This Act is divided into parts as follows : — m°*° I.— Preliminary. IL — Street Improvements. III. — Open Spaces etc. IV. — Miscellaneous. 4. \_l nc or p or ati 071 of La7ids Clauses Acts. Spent.'] 5 — 6. \_Boa7'd to execute Act, a7id may appoi7it a C07n77iittee there- for. Superseded by the Municipal Cor2>o/-ations Act 1882, s. 22 {see Appendix), and 51 & 52 Vict. c. A\, ss. 40 a7ul 75.] * Now the count}' of London. See 51 & 52 Vict. c. 41, s. 40 (2). t Now the Council of the Metropolitan Borough. See 62 & Go Vict. c. 14, s. 4. parts. TAn Q ^f, AT n Metropolitan Hoard of Works rn •• n a-n f49&oOVicT.| /I- ''• r» V /^ loor- IChap. cxii. I 6/9 PART II. Street Impuovements. 7. Snl)ject to the provisions of this Act in the linos according to Tower to the levels and within the limits of deviation shown on the deposited ro^^^^e ^"ertain 1 1 i^- ^1 i» 1 1 1 • -11 street works, plans and sections tlie J^oanl may make and cari'v into execution all •or anv of the works described in this section (whicli are in this Act referred to as the street improvements) (that is to say) : — Widening of Cold Harbour Lane. The widening of Cold Harbour Lane on the eastern side thereof in the })arish of Lambeth and county of Surrey * commencing at a point about one chain north of the junction of Denmark Passage with Cold Harbour Lane and ferminating at the northern end of the triangular enclosure at the junction of Cold Harbour Lane and Denmark Hill. Victory Place Improvement. A new street in the parish of St. Mary Newington in the county of Surrey * commencing at the junction of Paragon Kow and Henshaw Street and terminating by a junction with the new road known as Muuton Koad. Staircase at Charing Cross. And subject as aforesaid the Beard may make and maintain in the ])arisli of St. Martin-in-the-Fields and county of jMiddlesex* a staircase to form an access for foot jjassengers to the footway along the north-eastern side of the bridge whicli carries the South-eastern Railway over the River Thames which staircase will be on the north- western side of the roadwav of the Victoria Embankment com- mencing on the surface of the ground on the Victoria Embankment with an approach from the Embankment roadway and terminating in the said existing footway along the said bridge : And subject as aforesaid the Board may construct such railing and form such enclosure around and in the neighbourhood of the said staircase as they may think lit. 8. Before raising the level of Cold Harbour Lane to any extent For protec- exceeding six inches or before lowering the level of the said lane in *^o" o^ South- •exercise of the powers conferred for that ])urpose by this Act the Yauxh°n Board shall give three months notice in writing to the Southwark Water and Vauxhall Water Comj)any f (in this section referred to as the Company. Water Company) of their intention to commence such Avorks and thereupon the following provisions for the protection of the "Water Oomj)aiiy shall be in force and take effect (that is to say) : — (<() The A\'ater Company shall be at liberty forthwith to remove so much of their main or mains now laid in Cold Harbour Lane and High Street as lies to the north of the road known as Denmark Passat::e and shall be at libertv to lay and maintain a main or mains through or in Denmark Passayre in lieu thereof. 'o^ \Fart omitted (provisions appli/ing during execution of works) spent.'\ 9 — 11. \_Power to the Board to stop up frat/s temporaribj^ to raise or lower streets, and to deviate. Spent.'] * Now the county of London. Sec 51 & 52 Vict. c. 41, s. 40 (2). f Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. 6S0 Ground laid into the streets to form part thereof. For protec- tion of the South-easter and Metro- politan District Railway Companies. rn •■ -1 Metropolitan Board of Works r^io x. ?;n Vt^t,! L J ( \ artous jroiccrs) Act iobO. '- -^ 12. [P6>«r;' to the Board to make sidjsidiary works, to alter streets and to alter drains or sewers on jjrozid'mg substitutes, ichich are to be under the same management as existing sewers and drains.'] 13 — 14. [Power to the Board to alter tcater, gas, and other pipes, and to lay out carriageways, footways, etc. Spent.'] 15. [As to laying of pavements and testing the same tchen laid in and as to maintenance thereof by the street authority in whose district they are situate or other persons liable to repair the same.] 16. {Poicer to the Board to Jdl up sewers or drains on providing substitutes, which are to be under the same management as existing sewers and, drains.] 17 — 19. [Power to the Board to alter steps, areas, pipes, etc. — Period for completion of street improcements limited to 3 and for compulsory purchase of lands to 2 years. Spent.] 20. When the street improvements are made so much of the same as shall be laid out for carriageways or footways of any street shall form part of such street and may he used by the public accordingly but the soil thereunder shall continue to be and be vested in the Board and the paving maintenance repair cleansing- and lighting of such street shall in the case of the Cold Harbour Lane and Victory Place improvements by this Act authorised be under the care management control and jurisdiction of the street authority of the parish in which the same are respectively situate. 21. [As to provisio?i of access to houses in Victory Place during works. Spent.] 22. With regard to the staircase at Charing Cross by this Act authorised the following provisions for the protection of the South- eastern Railway Company (in this Act called the South-eastern Company) and of the Metropolitan District Eailway Company (in this Act' called the District Company) shall unless otherwise agreed on between the Board and the said two Companies respectively have eiFect viz. : — . For the Protection of both Companies. (1.) The Board shall not acquire any ownership of or in any land or property of either of the two Companies but the Board may subject to the ])rovisions of this section mahe and maintain the said staircase in manner by this Act authorised : (2.) {a) If and so far as for the purpose of making and main- taining the said staircase and works connected therewith it shall be necessary for the Board to interfere with the structure of the Charing Cross Bridge or to enter upon use or interfere with any property of the South-eastern Com- pany the Bf)ard may ])urc"hase and the South-eastern Company shall sell an easement or right of making and maintaining the said staircase in manner aforesaid : {b) If and so far as for the purpose of making and maintaining- the said staircase it shall be necessary for the Board to erect the same or any part thereof upon or overany land or property station or works of the District Company the Board may purchase and the District Company shall sell an easement or right of making and maintaining the said staircase in manner aforesaid : [49 & 50 Vict.] ^I'^ropolitx,^ Board of Works j-^-.^^^, ^^..-^ ^gl (4.) — (5.) \^/*l(f/t.s of sfairrrtse and icorks in coiwexion therewith to be submitted to and apjjrorad b;/ the said tu'O companies before such staircase and icorks are commenced, and ami difference with respect to such plans or arising under this section to be referred to an engineer to be agreed tipon, or failing agreement to be appointed, bg the Board, of Trade — Approval of plans not to reliece the Board from respon- sibilitg as to execution or maintenance of works.'] (0.) The Siiid staircase and all works eonnected therewith shall be coiistrncted witliiii the limits of deviation authorised by this Act and all jjermancnt works shall at all times thereafter be maintained by the Board in accordance with the plans elevations sections and particulars agreed upon or a|)i)roved by arbitration as hereiu-before ])rovided and to the reasonable satisfactiou of the engineers of the two Companies who shall have access to the works of the Board at all reasonable times : • • • • ■ • (9.) The Board shall from time to time be responsible for and make gooil t(^ the two Companies respectively all costs losses damages and expenses from time to time occasioned to those Companies respectively or to their respective railways or to the tratKc thereon or to any person or persons using the same or otherwise by reason of the execution or failure of any of the works of or incidental to the said staircase or any act or omission of the Board or of any contractor or any ])erson in the em])loy of them or him and the Board shall effectually indemnify and hold harmless the two Companies respectively from all claims and demands upon or against them by reason of any such execution or failure and of any such act or omission : (lU.) After the execution of the works by this Act authorised they shall not be altered added to or reduced except in such manner and on such terms as shall be agreed between the Board and each of the said two Companies resjiectively or failing agreement as may be prescribed by arbitration : (11.; The reasonable costs charges and ex})enses of the said two Com])auies and their res])ective engineers in reference to the matters aforesaid shall be defrayed by the Board : (12.) Any dis]tute or ditference which may from time to time arise between the Board on the one hand and the said two Companies or eitiier of them on the other hand with reference to any works referred to in this section or any matter arising out of the ])rovisions of this section shall be referred to an engineer to be ajipointed upon the ai)plication of either ])arty by the Board of Trade and the decision of such arbitrator shall be final and conclusive and the costs of and incidental to such arbitration shall be borne and defrayed as he may direct : (13.) Nothing in this Act contained shall prejudice take away lessen or interfere with any of the property rights powers interests or privileges of either of the said two Companies otherwise than is herein ex])ressly provided. [Farts omitted (as to consideration for the easement referred to in subs. 2 {b) and provisions applying during construction of works) spent.] {\RO rOHAP pxii 1 ^letropoUtan Board of Works p^g » .^ y -. 58^ LL HAP. cxii.J ^ r«/v-oe/6- /^(?£/'grs) A(j« 1886. L^^ ^ ^ -• ^ ^^^'-l FoK THE Protection of the South-eastern Company. (2.) Nothing in this Act contained shall be deemed to prejudice alter or diminish the riijht to close the Charing Cross footbridge now claimed to be exerciseable by the South- eastern Company nnder the provisions of section 3'J of the Metropolis Toll Bridges Act 1877 and the said right of closure shall subject to the conditions in the said section mentioned relating to the said footbridge extend to the staircase and works connected therewith by this Act authorised and may be exerciseable by the Company in as full and complete a manner as if the said staircase and works had been included in the said section : (3.) If and whenever the South-eastern Company desire to widen or alter their Charing Cross Bridge on the northern side thereof so as to render necessary or expedient any inter- ference with the said staircase and works the South-eastern ('ompany may execute such widening or alteration as they shall think proper in all respects as if no staircase or works of the said Board existed : (4.) If such widening or alteration shall necessitate the removal alteration or re-erection of the said staircase and works the South-eastern Company shall give all reasonable facilities for the alteration and re-erection thereof by the Board at their expense in all things provided that no such alteration or re-erection shall be made on any lands or property or so as to involve any interference with any works of the District Company otherwise than in such manner and on such terms as may be agreed by that Company or settled by arbitration. [Part omitted {the staircase and the works connected therewith to be executed to the reasonable satisfaction of the South-eastern Company'' s engineer) spent.'] For the Protection of the District Co.mrany. (1.) So far as the said staircase and the works connected there- with shall be upon or over any property station or works of the District Comjiany or involve any interference there- with the same shall be executed under the supervision and to the reasonable satisfaction of the principal engineer for the time being of the District Company and shall be at all times maintained (subject to the j^rovisions of this section) in like manner: (2.) The said staircase shall be made in such manner and of such materials as will obstruct as little as jwssible the access of light and air to the District Company's station and before commencing the same the Board shall erect proper screens or other means to ])rotect the roof and other structures of the District Company from damage during the construction of the said staircase and after the com- pletion of the said staircase the Board shall make and maintain such provision by a screen or other means as may be reasonably required to protect the said roof and structures from damage. • *•••• [Part omitted (compensation by the Board for damage to light and air (if oyny) by icorks) spent.] rACi t -A T7 -1 ^fetropobtaii liodvd of Works. rr^ •• n coo r49&oUVicT.| f.r ■ 7> V I / iww/' iChap. cxn.] 683 23. [.1-s fo spparate nccounts of utreet improvements. Superseded 51 k i)'Z Vict. c. 41, ss. Os ^/W 71.] 24 — 25. \_La7nht'th Veafnj to ronfrihufi' Imlf tlw i-ost of the ('old Harbour Lane, and Vestry of St. Mani Sewington half the cost oj the Victory Place improvements. Spent.'] TAUT 111. (JTEN Spaces, etc. 26. Ill this Act tlie expression Little Wormwood Scrubs means Defining tlic siiid jtiece of land containinjj: al)out twenty-two acres shown on I-^i^tle ^^ orm- the deposited plans under the lieadinj; Little (Wormwood) Scrubs ftnd within the dotted line thereon marked " limits." 27. Little Woi'mwood Scrubs shall upon the ])assing of this Little Worm- Act vest in the Board and their successors in fee simT)le in T)0sses- wood Scrubs vcsiGfl in toe sion free from all rights of copyholders common commonable or Board, other similar rights in over or affecting the same and the Board i^hall bold the same upon trust for the perpetual nse thereof by the inhal)itants of the metropolis for exercise and recreation. The Board may from time to time lay out drain level j)lant and im})rove Little "Wormwood Scrubs and may exercise all necessary powers for the maintenance and preservation of the same as an open space. 28. \_As to compensation for riglds in Little Wormwood Scrubs. Sjjcnt.'] 29. \_As to byeluics. Superseded 53 & 54 Vict. c. ccxliii. ss. 14—21, ■and 01 ct 02 }'ict. c. ccxxi. s. 01.] 30. Tlie Board shall lay out and form along the southern side Board to of Little Wormwood Scrubs when vested in them under this Act a ^*"^^ ".^V -..i If.,,.,. . 1 , , xi 1 -11 • road at Little road torty leet m width as shown on the deposited ])hins in con- Wormwood tinnation of the archway under the West London Railway at about Scrubs, ten chains north of the North Pole Road And shall metal gravel kerb channel pave sewer and comi)h'te the said new road in the «ame manner as other new roads in the metropolis and shall properly maintain the said new road and the sewer to be formed in the same until the said new road shall have been completed and opened to the })ul)lic and the said road shall for the purpose of byelaws and other purposes be part of Little Wormwood Scrubs But nothing in this Act or any such byelaw shall authorise the ]3oard to close the said road at any time after it shall have been ■completed. ' 3L It shall be lawful for the vicar of St. Clement Kensington As to build- and his successors or other the owner of the piece of glebe land on "Jfthe"'^'lebe the south side of and fronting on the new road to be formed by land fronting the Board (as directed in the ])revious section) to build on the said the new l)iece of glebe land houses fronting on the said new road and also to '" • lay sewers or drains to connect with the sewer under the said new road and he and they and all persons authorised by him or them shall have free right of access at all times to and from the said new road : Provided always that except with the consent of the Board no house shall be built fronting on the said new road which shall l)e of less annual value than ibrty pounds or of a less prime cost value (in labour and materials) than three hundred and fifty pounds. 32. Xotwithstanding anything shown on the deposited plans ^-p'^^/^ondon nothing in this Act shall enable the Board in any way to interfere itailwaV. aoA rr<,. •• i Metropolitan Board of Works rA<\s t^^t -» 684 [Chap, cxii.] /t- • v r,\ a * To -ATT -\ Metro/jolitari Board of W or Its rn„,^ 4: n ckqk r40 iV: .)0 YicT.] ,T^ '. rj \ 1 ,> ivw<- I Chap, cxii.] 680 *- -J (various Powers) Act i>i>>b. >- -^ 36. In laviiiti: out the Dulwich Collej^e lands as a public park further the Board may from time to time sjihject to tlie })rovisions of this i*jy[wicir Act divert and alter any existinf^ footpaths and rij^hts of way over I'ark. the sam(; and may stop up and (dose any sucli ]iaths and rij^hts of way or entrances or meuns of access to the said lands as they may think tit : Provided that they shall not stop up or divert anyexistinir public footpath on or over the said hinds until they shall have provided a reasonably convenient substitute for tiie same. The iJoard may every ni,i!:ht during such hours as they may from time to time tliink fit between sunset and six a.m. from the first •day of April to the first day of October and between sunset and seven a.m. durino; the rest of tlie year close the park formed by them on the Dulwich College lands or any part or ])arts thereof of ■which they shall from time to time have obtained possession. 37. \Virli reference to the Dulwich College lands the following Further pro- 1 1 1 1 visions as to provisions shall aj.i.ly:-^ .,,,,,. • lavin-out (l.j The lioard shall lorni and lay out and shall tiiereaiter repair Dulwich and maintain upon the site coloured yellow on the I'ark. amended park plan between the })oints marked N and F a roadway fifteen feet in width for the ])urpose of affording access for all purposes from the College Road to the pro])erties situate l)etween the said roadway and the said College Road and also a roadway fifteen feet in width for tlie purpose of affording access for all purposes from the point marked Q at the north-west corner of tlie park to the two properties abutting on the College Koad at the points marked L and M on the amended park plan : (2.) The Board shall also form and lay out and thereafter repair and maintain n])on the site coloured brown on the amended park plan a footpath twenty feet in width between the Dulwich Common Road and Lordship Lane and the said footpath shall be deemed to be in substitution for the existing footpath between Dulwich Common lioad and Lordship Lane which is shown on the said plan and thereon marked ''footpath to be abolished": Provided that the line and dimensions of the said roadways and footpath respectively may be varied by agreement between the Board and the Governors : • ••••• (5.) The Board shall in laying out Dulwich Park ]irovide ou the south side of the park at the point marked P on the amended i)ark j)lan a gateway of sufficient dimensions for the admission of carriages and they shall also provide a like gateway on the northern side of the park at the point marked H on the said plan or at some })lace not more than one hundred yards therefrom And when the Governors shall have ]irovided to the satisfaction of the Board land ft»r approaches to the said gates respectively froui Dulwich Common Road and Court Lane the Board shall form and make uj) such approaches. The lioard shall also provide a iratewav suitable for the admission of carriages into the said park from the Dulwiidi Common Road at the south-eastern corner of the park between the line of the proposed footi)ath coloured brown on the said plan and the property called '' The Elms " also shown thereon and a 686 rCHAP cxii 1 ^Metropolitan Board of Works .,^ o ,- y -i H-HAP. cxii.j Various Foicers) Act 1886. L^^ ^ '' ^ ^ ^^^'-^ ) Transfer to Board of power and obligations for opening drawbridge in Deptford Creek Bridge. Power to certain per- sons to grant easements etc. bv agreement. like satewav for the admission of carria2:es to Dnlwich Park from the College Road on the western side of the park: (6.) On the first day of October immediately following the passing of this Act the piece of land which is colonred ])ink on the amended park plan and which now forms part of the Dnlwich College lands transferred to and vested in the Board under the Act of 1885 shall by virtue of this Act become and be re-transferred to and vested in the governors and the piece of land coloured blue on the amended park plan together with so much of the site of the foot])ath coloured brown thereon as now belongs to the governors shall by virtue of this Act be transferred to and vest in the Board in the same manner and for the same intent and purposes as the said Dnlwich College lauds transferred to and vested in them by the Act of 1885 to the intent that the said piece of land coloured pink as aforesaid shall be exchanged for the pieces of land coloured blue and brown as aforesaid. [Pai'ts omitted (as to closing a certain gateway and jjromsions as to- the fencing of Didtvich Park) spent7\ PART IV. Miscellaneous. 38. \_Poicer to the Board to repurchase certain lands acquired hi them under 40 & 41 Vict. c. ciii. and sold to one Frederick Snelling, and to resell or lease the same for labou?ing class dtcellings. Spent.'] 39. As from the passing of this Act all the powers duties and obligations of the Deptford Creek Bridge Company under the said Act of George III. with resjiect to the opening or removal of the drawbridge or swingbridge in the Deptford Creek Bridge for the passage of ships and other vessels through the same (which were transferred to the Greenwich Board by section 24 of the Metropolis. Toll Bridges Act 1877) shall be transferred to and be exercised and performed by the Board and section 20 of the Metropolitan Bridges- Act 1881 shall be repealed. [Part omitted (as to repayment of wages, etc., paid by the Greenicich Board during the period bet ween the reconstruction of the bridge and the passing of this Act) spent7\ 40 — 42. [Extension till Wth June 1887 of the time limited in 40 (fc 41 Vict. c. ccxxxv. for the purchase of certain lands described in the schedule and of the time limited in 44 & 45 Vict. c. cxcn.fo?' the purchase of lands in connection loith the new Battersea Bridge — Poicers to the Board, to take lands for the street improvements — As to reJiousing persons of the labouring class7\ 43. Persons empowered by the Lands Clauses Consolidation Act 1845 to sell and convey or release lauds may if they think fit subject to the provisions of that Act and of the Lands Clauses Consolida- tion Acts Amendment Act 1S60 and of this Act grant to the Board any easement right or privilege (not being an easement of water) required for the purposes of this Act in over or afiecting any such lands and for the purposes of this Act the provisions of the said Acts with respect to lands and rentcharges so far as the same are applicable in this behalf shall extend and apply to such easements rights and privileges as aforesaid and to any grant of the same respectively. [r)OViCT.] I [(tmpstead Heath Enlargement Act \^^Q. [Chap, xli.] 687 44 — 48. [Ki^roT'S and omissions in plans — Poicer to the Board to enter and surrey lands to be taken — As toarbitration — Board to redeem land tax on lands taken — Power to the Board to sell materials. Spent. "] 49 — 51. \ Poicer to the linnrd to grant building lea.^es of surplus lands — vl.s' to sale of ground-rentx, and. rercrsions thereof — Power to sell such lands without U'dt^iiuj. Superseded 02 ct O^i Vict, c. ccxxxvii. s. 23. See ibid. .s.v. 10—22.] 52. Tho Board may from time to time let either from year to Boarrl may year or for a less period or for a term at rackrerit or exchanL''e ^'>'^ ^^a f^ ff^ otherwise dispose of any building- or lands or any part thereof ae(piired by them under the powers of this Act for any of the street improvements and not required ior such improvements and may execute and do any deed act or thing ])roper for effectuating any such lease exchange or other disf)osition. 53. Subject to the provisions of this Act the Board shall within Board to dis- sucli period as they may thiidc lit which period shall be the P*^^^ °^ ^^"*^ prescribed period for the purposes of section one hundred and twenty-seven of the Lands Clauses Consolidation Act 184.3 after the completion of any of the street improvements for the purposes of which any lands have been acquired sell and dispose of to any person or persons and grant and convey such parts of such lands as they may have aciiuired under the powers of this Act and which shall not be re([uired ibr any of such imj)rovements. \_See 47 it 48 Vict. c. o(), .s'. 23.] 54. \lUceipts of Board to be effectual discharges. Identical icith 4s ct 4'.) Vict. c. c'lxvii. s. 73.] 55. The Board may subject to the provisions of this Act from ^'ower to time to time enter into antl carrv into effect agreements with anv ^^^"^^ ^° 1 • \ f ■" i^ 1 • 1 1 1 ' make agree- person being the owner or or interested in any lands houses or ments with property abutting on any portion of any of the street improvements owners of with resj)ect to the sale by the Board to such person of any lands P'^op^^y. etc or property (including any street or thoroughi'are or any part of a street or thoroughfare acquired by the Board under the powers of this Act and not re([uired for any of such improvements) for such consideration as may be agreed upon between the Board and such person and the Boai'd may accept as satisfaction of the whole or any part of such consideration the grant by such person of any lands or other property required ])y the Board for the purposes of this Act. 56. \_Expenses of executing Act. Superseded 51 & 52 Vict. c. 41, jturt iv.] 57. Expenses of obtaining Act. Spetit.'] Schedule. [Description of lands as to which the time for purchase is extended. Spent. ^ 50 VICTORIA. A.D. 1886. CHABTEU XL I. An Act to provide for the acquisition of Parliament Hill AND OTHER LaNDS AXD THKIR ADDITION TO HaMPSTEAD HeATH. [2^)fh September lii(. •- -^ Westminster. 12. From and after tlu; twenty-fifth day of March one thousand Dissolution eij^'ht liiiiidrt'il and ciVhty-ei^^ht the Westminster district as ^'^"- R^^^^f "f^*^ stitnted by and for the pnrposes of the priiicii)al Act shall cease to Westminster exist and the Board of Works for that district shall he dissolved and incor- and the said Act shall Ix' read and have effect as if the jiarishes ^^f g°J^|te^° °^ Saint Martjaret Jind Saint .Joliii thc^ p]vany:elist Westminster had ygstry. been named in Part II. of Schedule A. of the said Act . . . and the vestries of tlie said ])arishes shall from that date become and be a body corporate by the name of the United Vestry of the parishes of Saint JMargaret and Saint John the Evangelist Westminster.* \_Fart otnitted (as to election of a member of the Metropolitan Board of Works') superseded 51 & 52 Vict. c. 41, s. 2.] 13. From and after the said twenty-fifth day of March one Property, thousand eight hundred and eighty-eight all property claims of'^ve^Jtmi'n. assets debts liabilities and obligations of the Board of Works for ster Board the Westminster district together with all duties and powers of the to vest in the said Board shall vest in and be assumed by tlie United Vestry of ^^^*'^* the ])arishes of Saint Margaret and Saint John the Evangelist Westuiiuster.* 14. All byelaws and regulations made by the Board of Works Byelaws, etc. for the Westminster district and subsisting on the twenty-fifth day in West- of ^larcli one thousand eight hundred and eighty-eight shall °^'"'*'^'"- continue in force in the parishes of Saint 3Iargaret and Saint John the Evangelist AVestminsterf and be enforceable by the said United Vestry until repealed or altered in accordance with the law applicable thereto. 15. All purcluises sales conveyances grants assurances deeds --^s to con- contracts bonds and agreements made and entered into before the ^^^^^^''actions twenty-fifth day of March one thousand eight hundred and eighty- of Westmin- eight by to or with the Board of Works for the Westminster *ter Board district f shall be as binding and of as full force and effect in every pas*sL^g of respect against or in favour of tlie said United Vestry and may be Act. enforced as fully and effectually as if instead of the said District Board the said United Vestry had been a i)arty thereto. . . . [Part omitted (as to pending actions) spent.] 16. The officers in the service of the Board of Works for the Westminster Westminster district on the said twenty-fifth day of ]\Iarch one Board officers, thousand eight hundred and eighty-eight shall on that day be transferred to the service of the United Vestry of the said parishes upon the same terms and conditions and for the performance of the same duties in each case as those under and for the performance of wliich they hold their ap])ointment under the Board of ^Vorks for the said district ; and with respect to every such officer and to any other officers of the said Board of Works who shall within one year from the ])assing of this Act be ap])ointed to an office in the service of the said Unitetl Vestry the time during which lie shall have been in the service of the-said District Board shall in computing the time of his service for the purpose of the Superannuation (^letropolis) Act 18()G be added to the time during which he s.'iall have been in the service of such Vestry. * Now the Mayor, Aldermen, and Councillors of the City of Westminster. See 02 Sc G3 Vict. c. 14, s. 4 ; and Letters Patent dated 27th October 1900. t Now a 2>art of the city of Westminster. See G2 l [oO & 51 Vict.] /^^^^^^^^^ ^^^ jj^^„_ [Chap. 31.] 693 sums as the Receiver is from time to time authorised to borrow- not excee(liii«( in the whole the sura of five hundred thousand ]>()ini\st December 1888^(9/' the purposes of main drainage and main sewers) spent.'] 11. ...... Power to lend (iii.) Money burrowed from and lent bv the Board under this ^^ T^-'''."^^' • " • ^ T !••" ii 4 1 cUstrict section may, notwithstandmg anything in any other Act, be made boards, repayable either in one sum or by instalments, as the Board and corporation, the borrowers shall agree, and in either case shall be repaid to ers™burfal°' the Board with interest within such time after the borrowing as the boards, or Board and the borrowers, with the approval of the Treasury, other public shall agree : Provided that the time after the borrowing within ^°^^^^- which such money shall be repaid to the Board shall not exceed in the case of a loan for the {lurpose of improvements in relation to streets or bridges, or for the purpose of purchase of land in fee simple, sixty years, and for any other purpose thirty years. (iv.) Section thirteen of the Metropolitan Board of "Works (Money) Act, 1880, and tlie corres])onding sections in the Metro- })olitan Board of "Works (Money) Acts, 1875 to 1885, shall be ileemed to have authorised and to authorise any such corporation, commissioners, burial boards, or other public body as last afore- said to borrow from the Board and the Board to lend, upon the term of the repayment of the money borrowed being spread over a series of years, whether such corporation, commissioners, burial board, or other public body had or have, or had or have not other- wise power to borrow upon the terms of the repayment of the money borrowed being spread over a series of years, and commis- sioners for jniblic libraries and museums appointed or hereafter to be appointed under the Public Libraries Act, 1855,* by the vestry is & 19 Vict c 70 • Rep. and replaced by the Public Libraries Act 1892. rower to lend to boards of guardians. 18 & 19 Vict. c. 120. „^. rri oi -\ Metropolitan Board of Works r^.^. o ^.i -ir.^^ -i 694 [Chap. 31.] ^Money) Act 1887. ^'^'^ ^ '^^ ^^^^-^ of aDv parish in the metropolis as defined by the Metropolis Manage- ment Act, 1855,* are hereby declared to be commissioners duly ajjpointed, notwithstanding that such ])arish may be a ])urish in Schedule B. to the last-mentioned Act, and any loan by the Board to commissioners so a])pointed, and any security given by such com- missioners to the Board, shall be deemed in all respects valid and effective, provided the sanction of the vestry and the Local Govern- ment Board be given to the borrowing by the commissioners. [Part omitted (as to power to the Board to lend till 31.s^ December 1888 to vestries and district boards and other public bodies levying rates in the metropolis^ spent^^ i<5, ... ... Money borrowed from and lent by the Board under this section shall, notwithstanding anything in any other Act, be repaid to the Board, with interest, within sucli time after the borrowing as the borrowers with the consent of the Local Government Board, and the Board with the approval of the Treasury, shall agree, not exceeding thirty years. \J?art omitted, (as to power to the Board, to lend to boards of guardians in the metrojjolis till 31 s^ December 1888. Spent7\ 13. {Extension till Z\st December 1888 of the amount ivhich the Board may lend to the Managers of the Metropolitan Asylum District. Spent.'] 14. [Power to the Board to lend till '^Ist December 1888 to the School Board for London — Provision as to repayment within not exceeding 50 years. Superseded 2 Edw. 7, c. 42, s. 5, and, second schedule^ and 3 Kdio. 7, c. 24, s. 1.] Protection of 15. Where under the authority of this or any other Act the Board m^case gQ^i'd lend any moneys to any corporation, body of commissioners, public body, or persons, the exercise of whose powers of borrowing is subject to the consent of the Local Government Board, the sanction of that Board to the borrowing of such moneys shall in every such case be conclusive evidence that sucli corporation, body of commis- sioners, public body, or persons had power to borrow such moneys. i.o, ...... (i.) Where the Board under the authority of this Act create consolidated stock to raise money for the purpose of the Fire Brigade Act, 1865, or to enable them to make a loan repayable within a period not exceeding thirty years from the date of such loan, the Board shall from time to time carry to the Consolidated Loans Fund such sums as the Treasury approve as being in their opinion sufficient to redeem witliin tlie period of thirty years from the date of the creation of such stock, or in the case of any such loan within any less period for which the same maybe made, an amount of consolidated stock equal to that so created ; and (ii.) Where the Board are by tiiis Act authorised to make a loan, the Board, instead of raising money for any such loan by the creation of consolidated stock, may use for any such loan any moneys fur the time being forming part of the Consolidated Loans Fund, and not required for the pay- ments of the dividends on consolidated stock : Provided that no such moneys shall be used for any loan repayable at a date later than the date at which the consolidated * Now the Council of the Metropolitan Borough. See G2 & 63 Vict. c. 14, s. 4. of certain loans. Power to raise consoli- dated stock. tka p - 1 1^ T Metropolitan Hoard of Works ,-r< 01 t /»f.- stock redeemable Ijv means of the moDevs so used is required to be redeemed at par. (iii.j Where the Board are authorised by the Act of 1880 or this Act to raise money for any purj)ose, the Board, instead of raisinjr such ujonev bv the creati(ni of consolidated st()ck, may, with the api^roval of the Treasury, use for such ])urj)0se any moneys for the time being forming part of the ( "onsolidated Loans Fund, and not rcfjuired for the payment of the dividends on Cfjnsolidated stock: Provided that no such moneys shall be so used unless provision shall be made in such manner as the Treasury approve for repaying the same to the Consolidated Loans Fund at or before the date at which (consolidated stock redeemable by means of .such moneys is required to Ije redeemed at par, and in ■every such case the Board shall from time to time raise as part of the consolidated rate such sums as tlie Treasury approve as being in their ojtinion sufficient for the repay- ment at or before the date aforesaid of the moneys used for such purpose and for the payment of the interest on the moneys so used, and such sums shall from time to time be carried by the Board to the Consolidated Loans Fund, (iv.) Where the Board raise consolidated stock for the purpose of any scheme made by the Board under the authority of the Artizans and Labourers Dwellings Improvement Act, 187o,* or the Artizans and Labourers Dwellings Improvement Acts, 187.3 to 1885,* and confirmed by Provisional Order and Act of Parliament, there shall be repaid (as provided •by the Artizans and Labourers Dwellings Improvement Act, 1875,*) to the consolidated rate out of the local rate as defined by the said last-meutionetl Act all moneys ■required for payment of dividends on and the redemj)tiou •of all consolidated stock created for such purpose. \Fart omitted {power to the Board to raise consolidated stock for the purposes of this Act) spent.'] 17. [^Pofcer to the Board within 12 motiths after the issue 0/ stock to CLppl'j monej/s raised btj stock to make up di>:idends from certain fixed dates. Spent.] 18 — 22. l^Power to the Board to raise money b>/ metropolitan bills, and procisions relating thereto. Spent.] 23. \_Limitation of poiver of borrowing in s. 38 of32& 33 Vict. ii- ^ \ ^^ ^ i. ■[ " and monu- moved, the lollowing steps shall be taken : ments. (ci.) A statement shall be prepared sufficiently describing by the name and date appearing thereon the tombstones and monuments standing or being in the ground, and such other particulars as may be necessary ; {b.) Such statements shall be deposited with the clerk of the board* or vestry,* and shall be open to inspection by all persons ; {c.) An advertisement of the intention to remove or change the ])osition of such tombstones and monuments shall be inserted three times at least in some newspaper circulating in the neighbourhood of the burial ground, and such advertisement shall give notice of the deposit of such statement as is hereinbefore described, and of the hours within which the same may be inspected ; (d.) A notice in terms similar to the advertisement shall be placed on the door of the church (if any) to which such churchyard, cemetery, or burial ground is attached, and shall be delivered or sent by post to any person known or believed by the board* or vestry* to be a near relative of * Now the Clerk of the London County Council (see 51 & 52 Vict. c. 41, s. 40 (S)) or the Town Clerk of the Metropolitan Borough (see 62 & 63 Vict. c. 14, s. 4), as the case may be. [50 & 51 Vict.] Open Spaces Act 1^87. [Chap. 32.] 697 any person whose death is recorded ou any such tombstone or monument. In the case of any consecrated letropohtan as })ublic walks or pleasure grounds, and may support or contribute jp'^t to to the sujiport of public walks or j)leasure grounds provided by any public walks person wliomsoever. or pleasure ■inri' •; ••?! /7i t i /n grOUnds. 13. [Lxtension oj the principal Acts and this Act to Ireland.] * Now the London County Council. See 51 & 52 Vict. c. 11, s. 40 (8). t Now the Council of the Metropolitan Borough. See 62 i: 63 Vict. c. 14. s. 4. 698 [Chap. 34.] London FarLs and Wor/c,^ Act 18-^7. [50 & 51 Vict.] Short title and con- struction. 14. This Act may be cited as the Open Spaces Act, 1887, and may be read with the principal Acts as one Act. SCHEDULE. Portions of the Metropolitan Open Spaces Act, 1881, repealed. In section one, the following words occurring in the definition of an " open space," viz., " imt shall not include any enclosed land which has not a public road or footpath completely round the same." In the same section, the following words occurring in the definition of a " burial ground,*' viz., " and in which interments have taken place since the year 1800.'' In the second paragraph of section five, the words, " but such metropolitan board, vestry, or district board shall not allow the playing of any games or sports therein." Short title. Transfer of certain London parks and works. CHAPTER 34. An Act foe the Teansfer to the Metropolitan Board of Works AND the Maintenance of certain Public Parks and Works IN the Metropolis. [2d7Yi August 1881 .'] \_Preamble recites that the parks, garden, bridge, and emhanhnent hereinafter mentioned, hate hitherto been maintained at the cost of the Exchequer, and that it is expedient that they should he main- tained out of local rates.^ 1. This Act may be cited as the London Parks and Works Act, 1887. 2.— (1.) From and after the date of transfer the management and control of the parks, warden, embankment, and bridge herein-after mentioned, and in this Act referred to as the parks and works ; that is to say, Victoria Park, Battersea Park, Kennington Park,* Bethnal Green Mns3um Garden, and Chelsea Embankment, as the same are particularly delineated and specified on certain plans signed in dni)licate by the Right Honourable David Plunket, the Chairman of the Committee of the House of Commons, to whom the Bill for tliis Act was referred (one copy of the said plans being deposited at the Private Bill Office of the House of Commons, and one co})y at the office of the Metropolitan Board of Works t), and Westminster Bridge, with the foundations, structure, and materials thereof and thereon, and the approaches thereto on either side, so far as such apjiroaches are coloured on a ])lan signed and deposited as albresaid, shall be transferred from the Commissioners of Her Majesty's Works and Pal)lic Buildings (in this Act referred to as the " Commissioners of Works ") to the Metropolitan Board of Works t (iu this Act referred to as the " Board "), and the Board shall have and may exercise the same rights, ])owers, and control over any licensees or contractors as the said Commissioners have and may exercise at the date of transfer, and the parks and works shall as from such date vest in the Board without any conveyance, assignment, or transfer for the same estate and interest and (save * See also 51 &c 52 Vict. c. clvi. s. 28. t Now the London County Council. See 51 & 52 Vict. c. 41, s. 10 (8). [50 & 51 Vict.] London Parks ami Worh:^ Act 1.^87. [Chap. 34.] 699 as by this Act otherwise expressly provitledj subject to and with the benefit of the same covenants, aj^reements, limitations, and rights for and siil)ject to wiiich the same were vested in the said 1 Vict.] Provisional Order Confirmation [Chap, ci.] Tol Act 1887. hiuulnMl tliousiind poiiuds were therein substitutcfl for two hnndred thousand pounds. (2.) The purposes referred to in that section shall include the pur(rhase of fiiniitiire and iittiiij^s fc^r tlie said central office, bur till sums borrowed for tlie j)urcliase of furniture or fittings sliall be repaid, with the interest thereon, within a period not exceeding fifteen years. (3.) A lender shall not be concerned to see or inquire for wliat purpose any money is borrowed under the said Act as amended l)y tliis Act. '\_Atnendedm & 61 Vict. c. 42, s. 1.] 3. The Police Receiver mav from time to time, with the approval I'ower to •of one of Her Majesty's princiT)al Secretaries of State, grant leases, n^^^^^e- for such terms as the Secretary of State may approve, of land for diatelv the time being held by the Police Receiver and a[)pearing to tlie required. Secretary of State to be not immediately recpiired for the purposes for which the Police Receiver is authorised to hold land. \_See m (k 61 Vict. c. 26, s. 4.] 4. Whereas a small piece of land, being an extension of Cannon Provision as How, and containing sixty-three suj)erficial yards or thereabouts, is to piece of bounded on three sides by land vested or about to be vested in the ino- from Police Receiver, and is believed to be vested in the Board of Works Cannon Row. for the Westminster district, and is not re([uired for the purposes for which that l^oard is authorised to hold land, but doubts have been •entertained whether that Board has power to transfer the said piece of land to the Police Receiver and to extinguish the rights (if any) of the pul)lic over the same, and it is expedient to remove those doubts ; lie it therefore enacted tliat the said Board may by agree- ment transfer tlie said piece of land to the Police Receiver, and thereupon all public rights (if any) over the said piece of laud shall i>e extinguished. CHAPTER CI. An Act to confirm a Provisional Order of one of Her Majesty's Principal Secretaries of State for the Improve- ment of an unhealthy Area at Shadwell within the Metropolis. [12M Jid^ 1887.] [^Prea?ndle.'\ 1. The Order set out in the schedule hereunto annexed is herebv ^ , . r: 1 ' Order in .continued. schedule 2. This Act mav be cited as the Metropolis (Cable Street, ^^'''^''^'''^■ •Shadwell) Provisional Order Confirmation Act, 1887. short title. SCHEDULE. The Metropolis (Cable Street, Shadwell) Imtkovement, 1886. {^Provisional Order of the Home Secretary dated 23rd May 1887 confirming a Scheme of the X'lth Xorcmher 188() prepared b// the ^fetrnJ)^>lita^^ Board of Works under the Artizaiisand Labourers Dwellings Improvement Acts 1875 — 1885, for the improvement of an unhealthi/ area in the parish of St. Paul, Shadwell, in the district of Limehouse. The Order recites that the number of j)ersons of the ivorking class to be displaced by the Scheme is estimated at 910, and ■that there are three empty houses, six houses and shops not occupied by persons 702 [CHAr. cii.] Metropolis {Sheiton Street, St. Giles) Provisional Order Confirmation [50&51 Vict. J Act 1887. Order in schedule confarmed. Short title. of the n-orking clann, and a common lodging Jiouae registered for GO pemom;,. HO that the total immher of occupants^ in dwellings and registered lodging houses: is 970. The Order jtrovides for clearing the imjjrovement area and for the erection thereon of direllings to accommodate 'dlQ persons of the v:o7-king class, and provides for the iridening, as shoirn hij dark red lines on the plan No. 24b antiexed to the Order, of Victoria Street, so far as affected hy the Scheme, on the east side- thereof hy about 4: feet, and for the formation of a new street, 30 feet wide, in sub- stitution for Angel Gardens, and for its continuation, as shoioi o?t the plan to the rear of the houses in High Street, Shulu-ell, and fir the formation of a new ^ttrcet, 30 feet wide, to connect Victoria Street icith Albert Street, crossing the proposed new street.- Spent."] CHAPTER CII. * An Act to confirm a Provisional Order of one of Her Majesty's Principal Secretaries of State for the Improve- ment OF AN UNHEALTHY AreA AT St. GiLES-IN-THE-FiELDS within the Metropolis. [\2th Jul)/ 1887.3 \_Preamble.'\ 1. The Order set out in the schedule hereunto annexed is hereby confirmed. 2. This Act may be cited as the Metropolis (Sbelton Street,. St. Giles) Provisional Order C-onfirmation Act, 1887. SCHEDULE. The Metropolis (Shelton Street, St. Giles) Improvemext, 1886. [Provisional Order of the Home Secretary dated 23rd J\/ay 1887 confirming- a Scheme of the 12th November 1886, jrrepa red by the Jletrojwlitan Board of Works under the Artizans and Labourers DwelVmgs Imp>rovement Acts 1875 — 1885, for the imjjrovemoit of an unhealthy area in the j^arish of St. Giles-i)i-the- Fields, in the district of the St. Giles District Board of Works. The Order recites that the number of persons of the working class to be dis2)laced by the Scheme- is estimated at 861, and that there air. 5 houses and shops not occupied by persons of the workinff class, and 12 common lodging houses registered for 347 persons, so that the total number of occupaids in dwellings and registered lodging houses is 1,208. T'he Order provides for clearing the improvement area and for the erection thereon of dwellings to accommodate Q'oO persons of the working class, and requires the widening less than thirteen feet and a clear headway of not less than twelve feet in every part and shall form a carriafjeway nnder the same and u})proaclies thereto witli (gradients not steejjer than one in twenty with ])roj)er jnovisions for draina^^e. (8.) Dnrin<4- the makinjj; of the bridge and any repair or renewal thereof there shall at all times be left open and uiiinter- rn])ted a navigalde waterway in the Canal of not less than nineteen feet in width and an open and nninterrni)ted passage which shall not without the written consent of the engineer of the Dock Company have a less headway than ten feet clear above the toj) water level of that Canal and there shall also be left open and uninterrupted a jjassage of not less than five feet in width for the towing-path. • • • • ■ • (10.) The Dock Com])anyand all j)ersons authorised by them from time to time shall have under the said side bridge on the south side of the canal the same rights of passage and way as are now vested in the Dock (Jompany in respect of the bank of the Canal which will be covered by the said side bridge. (11.) The Board shall at all times (subject to the provision hereinafter contained) maintain and keep in proper repair the bridge and approaches and all works under the authority of this Act on over or affecting the Canal and the land of the Dock Company and shall make good all damage that may be occasioned to the canal or works of the Dock Company by or in consequence of the removal of the said existing swing bridge or the piers thereof or of any default in constructing maintaining or keeping in pro])er repair the bridge and works by this Act authorised and if for seven days after notice in writing given to the Board by the Dock Company the Board neglect to proceed with due diligence to make good such damage the Dock Company may if they think fit and without prejudicing their remedies against the Board for any neglect default or omission on their ])art make good the same and the amount expended by them in so doing and any incidental costs and expenses shall on demand be paid to them by the Board as damages Provided alwavs that in anv case of pressing necessity the Dock Company may proceed to make good such damage without giving such notice as aforesaid but without ])rejudice to their aforesaid remedies and without prejudice to their right to claim and recover repayment from the Board on demand of the amount so expended by the Dock Company. <(12.) If by reason of any acts of the Board otherwise than as authorised by this Act or of the want of re})air of any of the works by this Act authorised the Canal or the said towing-path shall be so obstructed that vessels boats or barges or the horses drawing the same shall not be able freely to pass along that Canal or towing-path as heretofore the Board shall i)ay to the Dock Company as licpiidated damages hfty ])ounds for every day on which such obstruction shall occur or continue together with full costs of action. 45 -»A^ rrir,.^ „ -1 Meti^opolitan Board of Works tka p ^i tt- , -r 706 [Chap, cvi.] ^ yj^^^^ ^^^^^^^.^^ ^^^ ^g^.^ [50 & ol VictJ (13.) As from the date when under the provisions of this Act the maintenance and repair of the bridge and approaches so far as they will be situate over the canal towing-path and land of the Dock Company shall become vested in the Vestry of the parish of Camberwell * or the Board of Works for the Greenwich t district such Vestry or District Board as the case may be shall become liable to the obligations with respect to the maintenance and repair of the said bridge and approaches so far as they affect the canal towing-path and lands of the Dock Company to w^hich the Board are made liable under this Act instead of the Board and the Board shall be relieved therefrom. (14.) If any difference or dispute shall arise between the engineer of the Board or of the said Vestry or District Board and the Dock Company's engineer as to the execution of the works to be done by the Board or such Vestry or District Board under this Act the same shall be from time to time referred to and settled by an engineer to be agreed u])on between the Board or such Vestry or District Board and the Dock C'ompany or in case of difference to be appointed on the application of either the Board or the Dock Company by the President for the time being of the Institution of Civil Engineers and the costs of such arbitration shall be in the discretion of the arbitrator. (15.) Except as by this Act expressly provided nothing in this Act contained shall take away lessen prejudice alter or affect any of the rights privileges or property powers or authorities of the Dock Company. [Parts omitted {as to removal of existing siving bridge, con- struction of tvorks, and the jjrovidijig of culverts^ spent7\ 8 — 10. [^Contributions by Camberwell Vestry and Greenivich JJistrict Board, towards Canterbury lioad bridge and approaches — Power to the Haberdashers'' Company to assist in the construction of the bridge by gifts of land or money. Speid.'] The bridge 11. When the bridge and apjn-oaches authorised by this Act are and ap- made a certificate thereof shall be passed under the common seal form'a's^treet. ^^ ^^^ Board and any copy of such certificate certified under the hand of the clerk of the Board shall in all proceedings and for all pur- poses be admissible and received as evidence that such certificate has been duly made and so much of the said bridge and approaches as shall have been laid out for carriageways or footways shall form a street and may be used by the public accordingly The soil under the said approaches except in so far as it belongs to the Dock Company shall be vested in the Board and the j:)aving maintenance repair cleansing and lighting of the bridge and approaches shall be under the care management control and jurisdiction of the street authority of the district in the same manner as other public roads and streets in their district but the Board may order that the whole or any part of the said bridge and approaches as to paving main- tenance repair cleansing and lighting shall be under the exclusive care management control and jurisdiction of either the Vestry of the parish of Camberwell * or the Board of Works for the Greenwich • Now the Council of the Metropolitan Borough of Camberwell. See 62 & 63 Vict. c. H, s. 4. T Now the Council of the Metropolitan Borough of Greenwich. 8ee 62 it 6.'5 Vict c. 14, s. 4. district* in tlio same niiinnor as othor pnhlin roads and streets in their respective districts on such terms and subject to such con- ditions as may be a^'roed npon between the Vestry and the District lioard or in the event of dirterence as shall be settled Ijy the Board. 12. [NothitKj ill 45 & 40 Vict. c. ccxxii. .s. :'> to a/Ject the powers (five II to f/ic lioiinl In/ 40 it 41 Viet. r. ccxxxv. .s. 33,] 13. From and after tiie ])assinf,^ of this Act section 2 of tl)e Substitution MetrojM.litan Street Improvements Act 1877 (Amendment) Act l.ss2 llppr^pHated^ so far as it imposes obliterations upon the Board not to remove the to en-ction buildinoard and for the re-vesting of the land in the Board or their re-entry thereon on breach of any provision in the grant or lease. 14 — 16. \_Powe7' to the Board to stop up ivays during tvorlts, to raise or lower streets, and to deviate. Spent^ 17. \_Po/rei- to the Hoard to stop up and appropriate the streets shotcn on the deposited plans, andto interjere with drains and sewers on proridinq substitutes, ichich are to he under the same management as existing sewers and drains.'] 18 — 19. \_l'oirer to the Board to alter water, gas, and other pipes, andto lag out carriageways, footways, etc. Spent.'] 20. [^1^' to layinq of pareinents and resting the same, when laid, in and as to the maintenance thereof by the street authority of the district in which they are situate or in suck street authority as the Board may order or in any other persons liable to repair the sa7ne.] 21. \_Power to the Board to Jill up seivers and drains on providing substitutes, which are to be under the same management as existing sewers and drains.] * Now the Council of the Metropolitan Boroutcli of Greeawic!). See 62 & 63 Vict, c. 14, s. 4. ro8 [Chap, cvi.] Metropolitan Board of Works {Various Poivers) Act 1887. [50 & 51 Vict.] Transfer of power of Wandsworth Common Conservators to Board and vesting of Common in Board. Board shall preserve the Common as an open space. I'ower to purchase a piece of land to the north of Bostall Heath in the parish of Plumstead, Vesting in the Board a piece of land near Brook Green. 22 — 24. \_Foiver to the Board to alter steps, areas, pipes, etc. — Periods for completion of works limited to 4 and for compulsory/ jmrchase of lands to 3 years. Spent.'\ PART III.— OPEN SPACES, etc. Wandswokth Common. 25. Subject to the provisions of this Act all the rights property l)0wers functions privileges authorities liabilities and obligations granted to or imposed on the Wandsworth Common Conservators by the Wandsworth Common Act 1871 except the levying of a rate shall be transferred to and vested in the Board and Wandsworth Common as defined by the Wandsworth Common Act 1871 together with any land pm'chased accepted or held by the Conservators under the authority of that Act shall upon the passing of this Act vest in the Board for all the estate and interest therein which immediately before the passing of this Act were vested in and belonged to the Conservators. 26. \_Board to discharge liabilities and obligations of Conservators. Spent.'] 27. The Board shall at all times preserve Wandsworth Common (including any land of the said Conservators vested in the Board under this Act) as an open space for the perpetual use thereof by the inhabitants of tlie metropolis for exercise and recreation and may exercise all necessary powers for maintaining and preserving the same as an open space. 28. \_As to byelaiDs. Superseded 53 & 54 Vict. c. ccxliii. ss. 14 — 21, and. 61 & 62 Vict. c. ccxxi. s. 61.] 29. \_As to compensation to the clerk of Conservators. Spent {see the Metropolitan Board of Works Minutes, 21 th April 1888).] B08TALL Heath. 30. The Board may purchase and acquire a piece of land situate on the north side of Bostall Heath shown on the deposited plans and thereon coloured red and described in the deposited book of reference and the said piece of land shall vest in the Board and shall l)e added to and form part of Bostall Heath as the same is defined in the Scheme confirmed by the Metropolitan Commons Supplemental Act 1877 and for all purposes of improvement management and bye-laws the said piece of land shall be con- sidered to form part of Bostall Heath and to be subject to the provisions of the said Scheme in all respects as though it had been comprised therein. Brook Green. 31. Upon the passing of this Act a piece of open land at Brook Green in the parish of Hammersmith lying on the western side of Shepherd's Bush lload and shown on the deposited plans and thereon coloured green and described in the deposited book of reference shall vest in the Board free from all rights in over or affecting the same and shall be added to and form part of Brook Green and for all purposes of improvement management and bye- laws the said piece of land shall be considered to form part of Brook Green and all bye-laws and regulations in force with regard to Brook Green shall apply to and be in force with regard to the said piece of land. r-n p K1 "17- ^ n MetrO/joUtau Hoard of Worl;.^ r/i -n -,>ri [oO & 51 Vict.] ^ ^.^^/^^^^ ^,^^^^.^^ ^^^^ ^^^.^ [Chap, cvi.] .09 Ravenscourt Park. 32. The Board may jjiirclnise and acquire by agreement certain rower to honses buildings and lands comprising about thirty-two acres known i'»rchase as " liavenscourt Park " and ii' and wlien the Board sliull liave \\\\\- j-arkby^ (aliased tlic same tlie Board shall su]>ject to the provisions ol" this agreement. Act hold the same and every ])art thei'cof as a j)ark and open space and shall lay out maintain and preserve the same and every {)art thereof as a ])ark and open space for the perpetual use thereof by tlie public for exerctise and recreation and may from time to time exercise all necessary j)Owers for the maintenance and pr(\servation of the same as a park and open space. 33. The Board may maintain the mansion house and any other Power to houses or l)nikling8 in Ravenscourt Park and may use the same "i^jntam or allow the same to be used for any public ])urpo8es or in connec- certain tion with the maintenance of Ravenscourt Park as a park or open buildings. sj)ace and may erect and maintain in Ravenscourt Park such con- venient or ornamental buildings as they may think requisite for the accommodation of keepers constables and other officers or as lodges sheds or toolhouses to be used in connection with the maintenance of Ravenscourt Park as a park and open sj)ace. 34. Subject to the provisions of this Act the Board may from rower to time to time after purchasing Ravenscourt Park purchase l)y agree- purchase ment any estates interests and rights in over or affecting the same ofeJ. Ravens- for the better execution of this part of this Act with respect to the court Park, maintenance and ])reservation of Ravenscourt Park as a park and open sj)ace and for the purpose of applying the ])rovisions of the Lands Clauses Acts with respect to the purchase and taking of lands by agreement under this Act the term " lands " in the said pro- visions shall be considered to include such estates interests and rights. 35. When the Board have jmrchased under this Act any estate Power to interest or right in over or alfecting the land of Ravenscourt Park '^^^^tinguish they may as they may think most expedient with a view of securing when^pur- the use of Ravenscourt, Park by the public for the purposes prescribed chased, by this part of this Act eitlier extinguisii the same or niiain hold and exercise the same wholly or partially. 36. [.l.s to byelaws. Superseded ')'i & 54 Vict. c. ccxliii. s.s, 14 — 'Jl, aru/ 01 & (52 Vict. c. ccxxi. .>•. 01.] 37. \_Afi to contribution by the Hammersmith Vestry of half the cost of the acquisition of Ravenscourt Park. 8pe)d7\ 38—43. \^As to Penge Recreation Ground. Not ajfecting London. See Lo)idon (Penge) Order in Council 1900, and the Lewisha?n and Penge {Adjustment) Order in Council 1902, made under 62 &6'd Vict. r. 14.] PART IV. — DISPOSAL OF SEWAC^E IX THE DETACHED PORTION OF CLERKENWELL PARISH. 44—49. [A.s to Clerkenirell {detached) se/rerage. Not afectino London. ioard under the ])o\vers of this Act and not required for any of such improvements^ for such considera- tion as may be agreed upon between the lioard and such person and the Board may accejjt as satisfaction of the whole or any part of sucli consideration the ^-rant by such person of any lands or other property reipiired by the Board fur the jjurpuses of this Act. 69. [.l.s to stamps on conveyances. Spent. '] 70. l/'Jupenses of executing Act. Superseded 51 & 52 Vict, c 41, jturt iv., and htj the London County Council i^MoiwiJ) Acta 1888— 1UU4.] 71. {Expenses of obtaining Act. Spent.'] ScHEDL'LE. \_Description of lands in respect of which compulsory powers are extended. Spent.] CHAPTER CXXXVII. An Act to authorise the Acquisition of Clissold Park Stoke Newington and its Utilisation for public Purposes. [19M July 1887.] [^Preamblt'.'] 1. This Act may be cited as the Clissold Park (Stoke Newinu'ton) Short title. Act 1887. 2. In and for the purposes of this Act the expression " Clissold Ipterpreta- Park " means the lands partly in the parish of Saint Mary Stoke *'°°* Kewington and ]iartly in the parishes of Islington and Hornsey in the county of Middlesex commonly known as " Clissold Park " or " Stoke Newington Park " comprising together about fifty-three acres which are included in an area bounded on the north by Lordshij) Park and Manor lioad on the east by Queen Elizabeth's AValk on the west by the Green Lanes and on the south by Church Street and Paradise liow : The "Metropolitan Board" means tlie Metropolitan Board of ^^'orks * : The "Hackney District Board" means the Board of AVorks for the Hacknev district constituted under the Metrojjolis Manairement Act 1855 1": The " Vestry of Stoke Newington '" means the Vestry of the i)aiish of Saint ]\Iarv Stoke Newington in the countv of Middlesex, i 3. It shall be lawful for the Ecclesiastical < 'ommissioners for Power to England by a deed of conveyance duly stamped to sell and convey ^..^'^j'^^^^^^^^lg^ all their estate and interest in Clissold Park to the ]\Ietropolitan sioners to Board and the Hackney District l^oard or to either of them or '^fH ^'lissold partly to the Metroj)olitan Board and i)artly to the Hackney District ^^ " Board and the ]\Ietropolitan Board and the said District Board or either of them may by agreement with the said Ecclesiastical * Now the London County Cuiuu-il. See 51 \; o2 Vict. c. 41, s. 40 (S). t Now the C'oiiniil of tlu- Metroix)lit;in l>oroin,'li of Hacknev. ^eo 62 & 63 Vict, c. 14, s. 4. J Now the Council of tlie Metropolitan Borough of Stoke Newington. See 62 i: 63 Vict. c. 14, s. 4. '^lo rnTTAT, ^.-.-,.T,^- 1 Clissold Park (Stoke Newinqton) r^n * n tt t /12 [Ohap. cxxxvii.J ^(?M887 [50 & 51 Vict. J Purposes for which land ruay be used. Eeservation of a site for pubUc buildings. Commissioners purchase their estate and interest in Clissold Park or any part thereof and hold the same. • ••••• \_Part omitted {as to stamping of conveyance) spent.'] 4. In the event of any sale of Clissold Park or any part thereof under the powers of this Act the same shall (subject as herein-after provided) as from the date of any such sale become and be open to public use for purposes of exercise and recreation and it shall there- after be the duty of the Metropolitan Board to keep the same lauds open uninclosed and unbuilt on and to j^revent resist and abate by all lawful means all or any encroachments or attempted encroachments on the said lands and to preserve them as an open space and to resist all proceedings tending to the inclosure or appropriation for any purpose of any part thereof. \_See 52 & 53 Vict. c. cxlvii. s. 0.] 5. If the Metropolitan Board and Hackney District Board or either of those Boards purchase or agree to purchase Clissold Park or any part thereof which shall include the site of the houses and buildings at the south-eastern corner thereof and lands surrounding the same not exceeding two acres it shall be lawful for the Vestry of Stoke Newington to resolve that the said site and land not exceeding two acres herein-after called the " reserved site " shall be set apart as a site for a vestry hall public museum free library baths and washhouses or any of those purposes or any other like ])urposes for the use of the inhabitants of the parish of Stoke Newington and of any other parish combining with them for these purposes or any of them and the following provisions shall apply thereto : — (i) If the purchase of Clissold Park be made or agreed to be made by the Metropolitan Board the Vestry of Stoke Newington may by notice in writing to the Hackney District Board require the said District Board to purchase the reserved site from the Metropolitan Board and there- upon the Hackney District Board shall purchase and the Metropolitan Board shall sell the reserved site accordingly : (ii) If the purchase of Clissold Park be made or agreed to be made by the Hackney District Board the said Vestry may by notice in writing to the Hackney District Board require the said District Board to set apart the reserved site accordingly : (iiij Any buildings on the reserved site may be used altered or adapted for the purposes aforesaid or any of them or may be removed and others substituted for the said purposes : (iv) If the reserved site be purchased by the Metropolitan Board and sold by them to the Hackney District Board pursuant to the provisions of this Act the amount of the purchase money to be paid for the same shall be such as if not agreed between the Vestry of Stoke Newington on the one hand and the Metropolitan Board on the other hand shall be determined by arbitration in the same manner as a question of disputed compensation under the Lands Clauses- Consolidation Act 1845 and the Acts amending the same : (v) If the reserved site be originally bought by the Hackney District Board then the proportion of the purchase money to be attributed to the reserved site shall if not agreed upon between the said Vestry and the said District Board be determined by arbitration in like manner : [50 & 51 Vict.] Clisnold rarkiS^oke^ [Chap. cxxxvii.J 713 (vi) The reserved site shall after the said ])urchase be vested in the Hackney District Board hut shall ije under the exclusive control and iuana<,^eiuent of the Vestry ol" Stoke Xewingtou subject as herein-after ])rovided : (vii) If commissioners for j)ublic liljraries and museums for the parish of Stoke Newington or for tlie ])aris]i of Stoke Newington and any other parish combining with tiiem for that purpose be apjminted a public library and museum or a site for the same shall be provided ^m the reserved site and any buildings now existing thereon may be utilised or altered and adapted for that ])uri)Ose and for ])rovidiug schools for science and art or any purposes of the Tublic Libraries Act 1855 : (viii) If commissioners for ])u])lic ])aths and washhouses for the parish of Stoke Newington or for tlie said parish and any other adjoining })arish combining with them for tiiat purpose shall be appointed a site for public baths and washhouses shall be })rovided for such commissioners upon the reserved site : (ixj Such sites or buildings respectively shall be liired by such respective commissioners at such rents respectively as if not agreed upon between such commissioners and the Vestry of the parish of Stoke Newington and tlie Hackney District lioard shall be determined by an arbitrator to be appointed on tlie application of either of them by one of Her Majesty's Principal Secretaries of State or by agreement they may be respectively purchased by such respective commissioners : (x) Such rents shall be paid to the Hackney District lioard and applied by them in or towards the payment of interest and repayment of principal in respect of any moneys borrowed by the Hackney District Board for the ])urchase of the reserved site and incidental thereto and such further sums of money as shall be required by the said District Board for the payment of interest and repayment of principal in respect of moneys borrowed for these purposes shall lie levied by the overseers of the poor of the said ])arisli in the same manner and with the same incidents in all respects as any yearly rent or other moneys would be payable by the overseers of the said parish nnder the Act " to enable overseers in populous parishes to ]»rovide offices for the l)roper discharge of })arochial business " passed in the 24th and 'Z^)\\\ years of Her present Majesty chapter 125 as if they were rent for public offices and any sums received by the said District Board by way of ]»urchase money for any ])art of the reserved site t>r buildings thereon shall be api)lied in reduction of the debt incurred for the purchase thereof. 6. Nothing in this Act contained shall confer or impose upon '•'or.tli*' pro- the Metropolitan Board anv ])Owers duties or obliirations as to the M^r.^'lulo"!® control or management oi any part oi I'lissold I ark unless The p.oard. exclusive control and management of so much thereof as is to become open to public use are vested in the said Board. \_See also 62 & 53 Vict. c. cxlvii. .s-. 9.] 7. [-4s to byclaws. Superseih'd 53 & 54 Vict. c. ccxliii. i>,!>-. 14 — "Jl, and 61 & 62 Vict. c. ccxxi. s. 01.] 714 [Chap, clxxii.] Thames Tunnel (Blackwall) Act 1 887. [50 & 51 Vict.] 8 — 10. \Poiuer to the vestries and (Hstrict hoards of the metro- polis to contribute to the purchase of the Park, and as to levying expenses of and borrowing such co7itributions. SpentJ] 11 — 20. \_Power to the Local Board of South Hornse;/ to con- tribute to the purchase of the Park and to borrow such contributions — As to lery of charges therefor and provisions as to such borrowing ^ and rrs to the sinking fund in respect thereof. Spent.'] 21. \_The Charity Commissioners of England and Wales to con- tribute £47,500 toicards the purchase of the Park out of charity finds dealt with b»/ the City of London Parochial Cha.rities Act 1883.* Spent?^ 22. {Incorporation of Lands Clauses Act. Spent.'] 23. Nothing in this Act shall extend to take away prejudice diminish alter or affect any of the rights remedies privileges powers authorities exemptions and benefits vested in or granted or reserved to or now enjoyed or exercised by the Governor and Company of the New Eiver brought from Chadwell and Amwell to London f by or by virtue of any royal charter letters patent Act of Parliament agreement prescription usage or otherwise howsoever. 24. \_Lxpenses of obtaining Act. Spent.] Saving for the New Eiver Com- pany. Short title. Interpreta- CHAPTER CLXXII. t An Act for enabling the Metropolitan Board of Works TO MAKE a new MEANS OF COMMUNICATION ACROSS THE RiVER Thames by means of a Tunnel or Subway at Blackwall. [Sth August 1887.] yPreandjle recites that the making of a neii: means of communica- tion across the Liiver Thames at Blackwall by means of a tunnel or subwai/ icould be attended with great local and public advantage, and that it is expedient that the Metropolitan. Board of Works § {in this Act called the Board) should be authorised to make the same, arul also recites the deposit of plans ivith the Clerks of the Peace for Middlesex and Kent.] 1. This Act may be cited as the Thames Tunnel (Blackwall) Act 1887. 2. In this Act the following words and expressions have the tion of terms, ggygj..^] meanings hereby assigned to them unless there be some- thing in the subject or context repugnant to such construction (that is to say) : — - " Street " has the meaning assigned to the same term in the Metropolis Management Act 1855 and the Acts amending the same ; " Road authority" and "district " in relation to a road authority have respectively the same meanings as are assigned to the same terms respectively by the Tramways Act 1 870 ; • • • • • • \_Parts omitted {clefinitions of " Lands Clauses Acts^'' " Justice^'' * Rep. t;i & 62 Vict. c. 22 (S.L.R.) f Now the ^Metropolitan AVater Board. See 2 Edw. 7, c. 41. X Powers to take additional land.s for the purpose of the tunnel were obtained by 51 & r)2 Vict. c. Ivii., which is now wholly spent. § Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). ,[50 & 51 Vict.] Thames Tunnel {Blackwall) Act 1887. [Chap, clxxii.] 715 " ttvo JtiMice.H,^'' " leasee,''' and ^^ person," and as to meanings of //wv/.-f /// Lands Clauses Acts incorporated) spent.'\ 3. \_Fncorporation of Lands Clauses Acts. Spent.'] 4. \_T/>r Board mail a pjioint a committee to execute Act. Super- seded hij the Municipal Corporations Act 1882, s. 22 {see Appendix), (I lid .")1 & 52 Vict. c. 41, ss. 40 and 75.] 5. Snl)ject to the ])rovisions of this Act the Board may in the Power to lines or situation shown on the (le])Osited plans and according to ™r^^uJ^°"^* the levels sliown on the deposited sections make a new means of and works communication across tlio River Tiiames at Blackwall (•om])risin<4- connected the tunnel or subway under the lliver Thames with the roads and "^"^rewith. approaches thereto as herein-after described nanndy : — (A) A road commencing in the county of Middlesex* in the ])arisli of All Saints Poplar at the east end of the East India Dock Road passing to and under the River Thames and ter- minating in the parish of Greenwich by a junction with the main road between (ireenwich and Woolwich nearly oi)})osite the western end of the Greenwich Union AVork- house ; (B) A road in the said parish of Greenwich commencing by a juncti(ni with the new road (A) herein-before described and terminating by a junction witli the said main road between Greenwich and Woolwicli at the junction therewith of Horn Lane and Coombedale Road ; •(C) A tunnel or subway by means of which the new road (X) herein-before described will be carried under the River Thames commencing on the north in the county of Middlesex* and ])arish of All Haints Poj)lar near the eastern end of High Street Poplar and terminating on the south in tiie county of Kent* and parish of Greenwich near the northern end of Ordnance Road where it joins Blackwall Lane which tunnel or subway is in subset^ueut provisions of this Act referred to as " the tunnel " ; (D) A widening of the said main road from (jreenwich to Wool- wich commencing at the termination of tlie road (A) herein- before described nearly opposite the western end of the Greenwich Union Workhouse and terminating on the eastern side of the street known as Church Street or Christ Church Street where it ioins Traialgar Road : •(E) The alteration and diversion of Teddington Phice in the said parish of (Greenwich between Ordnance Road and Blackwall Lane. The Board may also in connexion with the said works subject to 'the i)rovisions of this Act construct all such a])proaches vaults ■cellars arches sewers drains subways and other incidental works a> may be necessary or convenient including stairs or })assagesas means •of ingress or egress for foot passengers. 6. Subject to the ])rovisions of this Act the Board may for tlie '^-^ ^^ f.^tain purposes of constructing maintaining renewing anil repairim: the ^yj^^'"" '° ' ® works by this Act autlioriseil alter or interfere with the banks bed soil and foreshore of the River Thames at or near any of such works and make borings therein and may ])lace dams and caissons and drive piles in the bed of the said river and may erect such temporary staging and caissons in upon or over the said river as may be * Now the comity of London. See 51 k. o2 Vict. c. 41, s. 40 (2). 716 [Chap, clxxii.] Thames Tannel {Blackwall) Act 1887. [50 & 51 Vict.} Board em- powered ur may be re- quired to underpin or otherwise strengthen houses near works. necessary or convenient and may do and execute every other work and thing necessary or convenient for any of the purposes aforesaid. 7 — 12. \_Poiver to the Board to make subsidiary uwrhs ; to alter water, yas, and other pipes, and to deviate ; to stop up tvays during works ; to alter steps, areas, pipes, etc. : to appropriate roads to the use of the public. Spent.'] 13. Whereas in order to avoid in the execution and maintenance of any of the works by this Act authorised injury to the houses and buildings within one hundred feet of such works it may be neces- sary to underpin or otherwise strengthen the same the Board at their own costs and charges may and if required by the owners and lessees of any such house or building shall (subject as herein-after provided) underpin or otherwise strengthen the same and the following provisions shall have effect (that is to say) : — (1) At least ten days notice shall unless in case of emergency be given to the owners lessees and occupiers or by the owners and lessees of the house or building so intended or sa required to be underpinned or otherwise strengthened ; (2) Each such notice if given by the Board shall be served in manner prescribed by section 19 of the Lands Clauses Consolidation Act 1845 and if given by the owners or lessees of the premises to be under])inned or strengthened shall be sent to the principal office of the Board ; (3) If any owner lessee or occupier of any such house or building or the Board as the case may require shall within seven days after the giving of such notice give a counter-notice- in writing that he or they as the case may be disputes the necessity of such underpinning or strengthening the ques- tion of the necessity shall be referred to an engineer to be agreed ujjon or in case of difference to an engineer ta be appointed at the instance of either party by the Board of Trade ; (4) Such referee shall forthwith upon the application of either party proceed to inspect such house or building and deter- mine the matter referred to him and in the event of his deciding that such underpinning or strengthening is neces- sary he may and if so required by such owner lessee or occupier shall prescribe the mode in which the same shall be executed and the Board may and shall proceed forthwith so to underpin or strengthen the said house or building ; (5) The cost of the reference shall be in the discretion of the referee ; (6) The Board shall be liable to comj)ensate the owners lessees and occupiers of every such house or building for any inconvenience loss or damage which may result to them^ by reason of the exercise of the powers granted by this- enactment ; (7) If in any case in which any house or building shall have been underpinned or strengthened on the requisition of the Board such underpinning or strengthening shall prove inadequate for the support or protection of the house or building against further injury arising from the execution or use of any of the works by this Act authorised then and in every such case unless such underpinning or strengthen- ing shall have been done in the mode prescribed by the [50 & 51 Vict.] Thames Tunnel {Blackivall) Art 1 8^7. [Chap, clxxii.] 71 7 referee the Board shall make compensation to the owners lessees and occuj)iers of sucli house or Luildint:' for such injury provided the claim for comj)ensation in respect thereof be made; witliin six months from the discovery thereof ; (8) Nothing in this enactment contained nor any dealing with the said jjroperty in pursuance of this enactment shall relieve the Board from the liability to compensation under the sixty-eighth section of the Lands Clauses Consolidation Act 1l>45 or under any other Act ; (9) Every case of com})ensation to be ascertained under this enactment shall be ascertained according to the provisions contained in the Lands Clauses Consolidation Act 1845 ; (10) Nothing in this section shall rej)oal or affect the aj)pli- cation of the ninety-second section of the Lands < 'lauses Consolidation Act 1845. 14. The Board may lay out the tunnel and the ruuds forming Making the approaches thereto by this Act authorised or any part of the uiainteaance same for carriage-roads and for footways as they may think i)roper [fihtTng^of and may sewer level pave metal flag channel and com])lete such roads and <'arriaoje-roads and footwavs and the Board mav from time to time works, execute all such works and do all such acts in under or upon any of the roads forming part of the works by this Act authorised as they may from time to time think i)roper for preserving repairing and improving the tunnel and the works connected therewitli and may for that purpose enter upon and break open the soil and pavement of such roads and any sewers drains or tunnels within or under such roads causing as little inconvenience as may be in the execution of the powers hereby conferred and restoring the said roads and sewers drains or tunnel as nearly as })racticable to the same condition as they were in before such breaking and opening The Board may also at any time (if they think it expedient so to do) close the tunnel wholly or in part for the purpose of repairing the same or any part thereof and for the purpose of sewering levelling paving flagging and channelling the carriage and foot wav throuo:h the same or auv part thereof or of the approaches thereto so far as they are to be maintained and repaired by the Board : And for the purj)oses mentioned in tliis sei-tion or any of them the Board may (in addition to any other j)owers by tliis Act conferred) exercise the same powers and authorities as are vested in and shall be subject to the same liabilities only (if any) as are imposed upon any vestry* or district board* within the metroi)()lis when they stop up temporarily any thoroughfare or any \rM't thereof for repairing or repaving the same The tunnel and the road and footways through the same and the approaches thereto when completed as aforesaid shall be public highways but the soil thereunder other than the soil or bed of the River Thames vested in the Conservators of the River Thames shall remain vested in the Board and the tunnel and the road and footways through the same and the immediate approaches thereto shall subject to the provisions of this Act be maintained repaired and lighted by the Board and the remainder of the ajjproaches and the road and footways thereof shall be maintaineil repaired and lighted as other ])ublic highways by the road authori- ties of the districts in which they will be respectively situate and * Now the councils of the metropolitan boroughs. t>ee 62 k 63 Vict. c. 14, s. 1. '18 [Chap, elxxii.] Thames Tunnel {Blackwall) Act 1887. [50 & 51 Vict.] Tunnel not to be broken tip for laying mains or pipes except with consent of Board. Board may let or ex- change lands, Board to dis- pose of lands not wanted. Receipts of Board to be effectual dis- charges. the Board may by order under their common seal define the points between which the respective obb'gatious of the Board and the said road authorities as to repair maintenance and lighting shall extend A copy of any such order certified as such under the hand of the clerk of the Board shall in the absence of evidence to the contrary be accepted as evidence of the due making of such order. 15. Notwithstanding anything in any Act to the contrary it shall not be lawful for any company or person to enter upon break up or interfere with the tunnel or the road and footways through the same respectively for the purpose of laying down any main or pipe or executing any work therein thereon or thereunder except with the consent of the Board in writing and in accordance with such terms and conditions as the Board may determine Provided that this section shall not extend to prejudice or affect the rights powers and authorities conferred upon Her Majesty's Postmaster General by the Telegraph Acts 1863 to 1885. 16 — 27. [Period for completion of works limited to 7 years — Errors and omissions in plans — Power to the Board to enter upon and. snrreij lands to be taken and to occupy lands temporarily — As to acquisition and extinguishment of easements — ^1^ to the mode of forming tunnel — Board to redeem the land tax on lands taken — For the protection of Messrs. Forbes, Abbott, and Lennard — As to arbitration — Power to the Board to sell materials. Spent."] 28 — 30. [Power to the Board to lease surplus lands — As to sale of ground, rents and. reversions thereof — Power to sell such lands without leasing. Superseded 62 & 63 Vict. c. ccxxxvii. ^. 23. See- ibid. 6S. 19—22.] 31. The Board may from time to time let either from year to year or for a less period or for a term at rackrent or exchange or otherwise dispose of any building or lands or any part thereof acquired by them under the powers of this Act and not required for any of the purposes of this Act and may execute and do any deed act or thing proper for effectuating any such lease exchange or other disposition. 32. Subject to the provisions of this Act the Board shall on or before the first day of February in the year one thousand nine hundred and forty-one (which period shall be the prescribed period for the purposes of section one hundred and twenty-seven of the Lands Clauses Consolidation Act 1845) sell and dispose of all lands acquired by them under the powers of this Act for the purposes of the roads by this Act authorised and which shall not be required for any of the purposes of this Act. [See also 47 & 48 Vict. c. .50, s. 23.] 33. The receipt of the Board or of any person duly authorised bv the Board for anv purchase mouevs rents or profits or monev paya])le to the Board by virtue of this Act shall be a sufficient and effectual discharge for the money in such receipt expressed or acknowledged to be received and the person to whom the same shall be given shall not afterwards be answerable or accountable for the misapplication or non-apj)lication of the money in such receipt expressed or acknowledged to be received and such money shall be applied by the Board towards the expenses of the Board in executing the works by this Act authorised. 34. [Period for compulsory purchase of lands limited to 5 years, Spent.~\ [50 & m Vkt.] !'/>(, ,ih:s Tunnrl (Blac/acaU) Act 1887, [( 'hai-. clxxii.] 719 35. The Board may subject to the ])rovisions of this Act from Po^'^r to time to time enter into and carry into effect aoard under the powers of this Act and not r('(|uir('d for any of th(! pui'poscs of this Act) for such consideration as nuiy l)e agreed ni)on between tlie B(jard and siicli person and tlie ]k)ard may accej)t as satisfaction of the whole OI- any ])art of such consideration the grant by such person of any lands or other property re<|uired by the Boai'd foi- the jiurposes of this Act. 36. Any temporary or ])ermanent works other than the tunnel Works on and api)roaches executed by the lioard under the powers of this f'i^ Hiyer Act so far as the same may affect the navigation of the River j^g exerutefl Thames or the banks bed or foreshore thei-eof un*^ "° Conservators of the River Thames signified in writing under the.|.,'J^,'^°^ ^^j^ hand of their secretary until the exjiiration of one calendar month notice givea after notice in writing to the Conservators of the River Thames. to Cooser- vators. 38. The Board shall hang out and exhibit at or near to aii}' u r^ts to be works in or on the River Thames by this Act autliorized every night exhibited from sunset to sunrise lights to be kept burning by and at the "piJ" worlu. expense of the 15oard proper and sufficient for the navigation and safe guidance of vessels and the lights shall from time to time be altered by the B)oard in such manner and be of siudi kind and number and be so placed and used as the Conservators of the River Thames by writing under the hand of their secretary shall approve and direct and in case the Board fails so to exhiliit and keep burning the lights they shall for every siudi offence forfeit every day the sum of ten pounds and further the Board shall exhibit under a like penalty lights to be similarly ap{)roved by the said Conservators upon any temporary works which may be jjlaced in the river by the Board during the making of the tunnel or works connected therewith. P 39 — 40. \_Af> to interference icith the bed of the river and tahinq atcl and materiaU therefrom dnrinq construction of irorh. Spentr\ 720 [Chap, clxxii.] Thmnes Tunnel {Blackwall) Act 1887. [50 & 51 Vict.] 41. \_Saving the rights of the Thames Consei^vators.'] 42. [For the protection of the South Metropolitan Gas CompoMy. Spent. '^ Forpro- 43. In constrnctiDg and maintaining the tunnel and works th^^M^i?^ d ^^^thorised by this Act where the same will pass under or in Railway ^oy wise affect the railways sidings works buildings and lands Company. belonging to the Midland Railway Company the Board shall be subject to the following conditions videlicet : — 1. All works affecting the said railway sidings works buildingrs and lands shall be executed at the expense of the Board under the superintendence and to the reasonable satisfaction of the principal engineer of the 3Iidland Railway Company and according to plans and specifications to be preyiously submitted to such engineer and reasonably approved by him in writing Provided that if such engineer shall not have expressed his approval or disapproval of the said plans and specifications within one month after the same shall have been submitted to him he shall be deemed to have approved thereof. 2. The works shall be constructed and maintained so that the traffic upon the Midland Railway shall not be in anywise impeded or interfered with and such maintenance shall be effected under the superintendence and to the reasonable satis- faction of the engineer of the Midland Railway Company and in all things at the expense of the Board. 4. If by reason of the construction or maintenance of the works or any of them or the failure of any of the works or of the maintenance thereof the said railway sidings and buildings or the works connected therewith shall be injured or the traffic thereon impeded the Board shall compensate the Midland Railway Company for all costs to which that Com- * pany may be put in repairing the said damage and shall also pay by way of liquidated damages to the Midland Railway Company ten pounds for every hour during which such traffic shall be impeded. 5. The Board shall also indemnify the Midland Railway Company for any damage or compensation which may be recovered against them by reason of the interruption of the traffic on the said railway or by reason of any accident on the said railway which interruption or accident shall have been occasioned Ijy the acts or defaults of the Board or any of their contractors or their respective servants or workmen. • ••••• [Faints omitted (as to construction of works ojid acquisition of easement or right of constructing and maintaining tunnel) spent. ^ Forpro- 44. The following provisions for the protection of the North th^^N°rtf London Railway Company shall apply and have effect : — London ...... Railway (3.) The Board shall so construct their works by this Act autho- Company. rised as not in any way to cause any leakage or escape of water from the docks of the North London Railway Company . . . (4.) The Board and their contractors agents servants or work- men shall not in the execution of any works by this Act [50 & 51 Vict.] Thames Timnel {Blac/acall) Act 1887. [Chap, clxxii.] 721 anthorised ohstrncf. im])e<]f' or interfere with tlie free and iininterrupted and safe use of tlie docks railways and other works belonging to the Nortli London iiailway Company or any traffic thereon. {5.) If by reason of tlie constrnetion or failnre of the tunnel and the works in connexion therewith or of any act or omission of the Board or of any of the persons in their employ or of their contractors or others acting by their authority and notwithstanding the ap])roval of the said plans sections and sj>ecitications as aforesaid and the construction of tln' tunnel in accordance therewith any damage or injury shall arise to the docks warehouses or other works or to the other pro])erty of the North London Railway Company by subsidence or by the escaj)e of water from the said docks or otherwise or any ol)struction or interference shall be ■caused to the traffic on tlie lines of railway of the North London Railway Company in connexion with their said docks and warehouses the Roard shall be responsible for and forthwith upon notice from the Comj)any make good «nch damage or injury and shall also pay to the North London Railway Comj)any all costs losses and expenses which may be occasioned to or sustained by that Company or any other company working over their lines by reason ■of the matters aforesaid and the Board shall effectually indemnify the North London Railway Company from all •claims w^hich may be sustained against them and liabilities properly incurred by them l)y reason or arising out of the matters aforesaid. (6.) AVhenever the Board fail to make good any damage or injury to the docks warehouses and other works and property of the North London l^iilway Company caused or arising as aforesaid the said Company may make and do in and upon as well the lands of the Board as their own lands all such >works repairs and things as they may think rcfpiisite in that behalf and the sum reasonably expended from time to time by that Company upon such works shall W repaid to that Company by the Board and in default may be recovered by them from the Board with full costs in any court of competent jurisdiction. (7.) The Board and the North London Railway Company may agree in writing under their resj)ective common seals upon any variation or alteration of the provisions of this section. • ••••• (9.) Excej)t as by this Act exjjressly authorised nothing in this Act contained shall extend to })rejudice alter or take away any of the rights privileges or powers of the North London Railway Com])any. [Parts omitted (as to conKtrucflon of trorhs, certain lands of the Railwai/ Compan?/ not to be tahen, and u-orhs between the railway and the Thames to be in accordance icith plans approved by the Company s engineer') spent.'] 45. The following ])rovisions for the protection of the London ,\!^',jon°of ,1,^ and North-western l^iilway Com])any (herein-nfti'r called the North- i.ondonand western Company) shall aiiplv and have effect :— Nnrth- ^ ' ^ ^ ^ • western (4.) The Board shall not except so far as may be temi)orarily company. 4<; 22 [Chap, clxxii,] Thames Tunnel {Blackwall) Act 1887. [50 k ;j1 Vict.] i t^f^ necessary during the execution of the works by this Act authorised stop up or in any way interfere with the free and uninterrupted use of the roads or thoroughfares known respectively as Russell Street Preston Road and Blackwall respectively or any part of either of the said roads If the Board find it necessary so far to interfere with either of the said roads temporarily as to render it impassable or dangerous or extraordinarily inconvenient to passengers or carriages or to the persons entitled to the use thereof the Board shall before doing so cause a sufficient temporary road to be made instead of the road to be interfered with and shall at their own expense maintain such substituted road so long as such interference shall continue. (5.) The Board shall not except temj^orarily during the execution of the works sink any shaft or construct any works in the bed or foreshore of the Thames opposite any land of the Xorth-western Company south of Russell Street which shall or might in anv wav interfere with the use bv the !North-western Company of their said land or any part thereof for the purposes of a wharf landing or shipping place. (6.) Notwithstanding anything in this Act contained the Board shall be responsible for and make good to the Xorth- western Company all costs losses damages and expenses which may be occasioned to that Company or to their works or property by reason of the execution or failure of the tunnel or the works in connexion therewith or of any act or omission of the Board or of any of the persons in their employ or of their contractors or others and the Board will effectually indemnify and hold harmless the Xorth-western Company from all claims and demands upon or against them by reason of such execution or failure and of such act or omission. t • , • • « • [Parts omitted {as to construction of works) spent. 1 46. For the protection of the East and West India Dock Company * For pro- (herein-after called "the Dock Companv ") the following provisions- tection of ^, n i i . / o i the East and ^l^all apply :— West India ...... Dock Com- ^3^-^ ijj^g Board shall not for the jDurpose of any of the works hj this Act authorised stop up or in any way interfere with the free use by the Dock Company of the thoroughfares known respectively as Preston's Road and Brunswick Street or any part of either of the said thoroughfares. (4.) Nothing in this Act contained shall in any way abridge or affect the rights and powers of the Dock Company under the provisions of the 73rd section of the Act 1 & 2 William IV. cap. 52 entitled "An Act to con- solidate and amend the several Acts for making the West India Docks " to enter on deei)en and scour out the beach and bed of the River Thames But the Dock Comj^any shall not dredge deepen or scour over the site or within fifty yards on either side of the tunnel to a level lower than * Amalgamated in 1900 with the London & St. Katharine's Dock C'omiDany under the name of the " London &; India Docks Company." See the " London and India Docks Amalgamation Act," 1900. [50 & 51 Vict.] Thames Tunnel {Blaelcwall) . \rt 1 887. [Chap, clxxii.] 72^ thirty feet below Trinity lii^rh-watcr mark except with the consent of the Board (which shall not be unreasonably withheld) and the Dock (Company shall nr)t execute any snch (IrcdYnnj^ (l('('[(('niii<:: or scouriiif^ lower than thirty feet below Trinity higii-water mark in any manner or to any extent which in the ojjinion of the engineer of the Board and u])on notice thereof in writing? beinf^ given to the Dock Company may involve any danger to or interference with the tnnnel. [Parts omitted {prorisions as to construction of works and as to damage within 5 years after completion thereof^ spent J\ 47. Whereas the London and 1 51ack wall Railway and the works ^"^ protec- buildings lands and conveniences C()nn('ct('(l tlieicwith (which railway jj^n.ion and works bnildings lands and conveniences are herein-after included in Blackwall the expression the "■ IMackwall Railway") are leased bv the London ^"'^ ^^'■<^^^ and I'lackwall Railway Company to the Great Eastern Railway iiaji^av Com])any for a term of nine hundred and ninety-nine years under Companies the provisions of the London and IMackwall Railway Lease Act 1865 And whereas the I'hickwall Railway will be interfered with by the construction of the works by this Act authorised Therefore the following provisions for the ])rotection of the London and Blackwall Railway Company (in this sec^tion called "the Blackwall Company'') and the Great Eastern Railway C'om})auy (in this section called "the Great Eastern Company") shall unless otherwise agreed in writing be observed and have efifect that is to say : — (1.) Belbre the Board shall for the purpose of making and maintaining or for any j)nrpose connected with the works authorised by this Act (so far as affects the Blackwall Railway) take use enter u])on interfere with or afiect either temporarily or permanently any })art of the Blackwall Railway the Board shall furnish to the Great Eastern Company proper and snllicient plans sections and s})eciti- cations of the works ])ro])osed to be made by the Board which will affect the Blackwall Railway and such plans sections and s})ecifications shall be settled and agreed u])on between the en]jt;/ to comjjenaation under JAin(l» Clauses Acts or s. 40 (G) of this Act) spent.'] 49. \_As to rehousing labouring class persons. Spent.] 50. The Board may subject to the provisions of this Act from Byelaws. time to time make alter repeal vary amend and enforce byelaws with respect to the tunnel and approaches for all or any of the purposes following (that is to say) : — For regulating and limiting the speed at which carts carriages and other vehicles shall proceed through or over the tunnel and a})proaches ; For regulating and limiting the route to be taken by all carts carriages and other vehicles passing to from in or through the tunnel and a]){)roaclies ; For regulating and limiting the space to be used by foot passen- gers and the line to be kept by persons riding on horseback or driving or conducting any cart carriage or other vehicle to from in or througli tlie tunnel and approaches ; For preventing the commission of any nuisances in or upon the tunnel and approaches ; • • For preserving and ])reventing injuries and damages to the tunnel and approaches. [See also 03 tt 04 \'ict. c. cclxviii. ss. 25 — 27.] 51. The provisiDus of the ^Metropolis ^ranngemont Act 1n55 Re)oards, or other public bodies. 18 & 19 Vict. c. 70. CHAPTER 40. An Act to further amend the Acts relating to the raising OF Money by the Metropolitan Board of Works, and for other Purposes. [13^/^, August 1888.] \_Preamble.'\ 1. This Act may be cited as the Metropolitan Board of Works (Money) Act, 1888, and the Metropolitan Board of Works (Money) Acts, 1875 to 1887, and this Act may be cited together as the Metropolitan Board of Works (Money) Acts, 1875 to 1888. 2. This Act shall be read and have effect as one with the Metro- politan Board of Works (Loans) Acts, 1869 to 1871, and the Metropolitan Board of Works (Money) Acts, 1875 to 1887. The expression " Main Drainage Acts" in this Act shall have the same meaning as is assigned to the same term in the Metropolitan Board of Works (Loans) Act, 1869. • ••••• \^Parts omitted {definitions of the expressions " Parks and Open Spaces Acts " ajid " Artizans' and Labourers'' Dwellings Improve- ment Acts ") spent.'] 4—5. \_Amendment of ss. 9, 10, and 11 of ^i) & 51 Vict. c. 31, s. 9 — Power to the Board to expend monei/s till 'Mst December 1889^0/' the purposes of 50 Vict. c. xli. ; 50 & 51 Vict. c. cxxxvii. ; 51 & 52 Vict. cc. Ivii., cli., and clvi. ; Brixton Park Act 1888*; ajid Vauxhall Park Act 1888.* Spent.'] 6. [Power to the Board to expend money for sundry purposes during 1889. Spent.] 7. . . . All tlie provisions of the Main Drainage Acts and the Metropolis Management Act, 1855, and the Acts altering or amend- ing the same for the time being in force relating to the execution of works authorised by the said Acts respectively, shall continue in force and shall extend and apply respectively to the works executed by means of money raised for the purposes of this section, and all stock created under the authority of this Act for such purposes shall be deemed to be created for the purposes of the above-mentioned Acts res])ectively. [Pa/i omitted {as to power to the Board to expend during the year ending ?>\st December 1889, not exceeding £142,000^ for the purposes of main drainage and main sewers) spent.] (iii.) Commissioners for public libraries and museums, appointed or hereafter to be appointed under the Public Libraries Act, 1855,t by the vestry % of any parish in the metropolis as defined by the Metropolis Management Act, 1855, are hereby declared to be com- missioners duly appointed, notwithstanding that such parish may be a parish in Schedule B. to the last-mentioned Act, and any loan by the Board under this Act to commissioners so a})])ointed, and any * The powers vested in the Metropolitan Board of Works by these Acts were not acted upon. t Rep. by the Public Libraries Act 1892. i Now the Council of the Metropolitan Borough. See 62 & 63 Vict. c. 14, s. 4. 4 4ii r-1 p -o -ir 1 Metropolitan Board of Works rra»T, Af\^ [ol & o2 ViCT.J [^f^^^^^^^ ^^^^ l,,^g^ [Chap. 40.] security given by such commissiotiers to the Board shall Le deemed in all res])ects valid and etK'ctivo, jjrovidcd the Kanctiou of the vestry and the Local Government Board be given to the borrowing by the commissioners. (iv.) Money borrowed from and lent by the lioard under this section may, notwithstanding anytliing in any other Act, be made repayable, either in one sum or l»y instalments, as the l>oard and the borrowers shall agree, and in either case shall be repaid to the Board with interest within such time after the born)wing as the Board and the borrowers, witli the approval of the Treasury, shall agree. Provided that the time after the itorrowing within which such money shall be repaid to the Board shall not exceed, in the case of a loan for the purpose of improvements in relation to streets or bridges, or for the purpose of ])urchase of land in fee simple, sixty years, and for any other ])urpose tliirty years. [^I'o.rt omitted (a.s to power to the Board to lend ditrimj the ijear ending "^Xat J December 1889 to vestries ai2d district boards and other public bodies levying rates in the metropolis) spent.'] Money borrowed from and lent by the Board under this section Power to shall, notwithstanding anything in any other Act, be repaid to the o^guard^rns^ Board with interest within such time after the borrowing as the i>i & 19 yict." borrowers, with the consent of the Local Government Board, and c. 120. the Board, with the approval of the Treasury, shall agree, not exceeding tliirty years. \^l*art omitted (as to power to the Board to lend till 'Slst December LS8U to boards of guardians in the metropolis) spent.'] 10. \_Extension till ^\st December 1889 of the amount ich.ich the Board maij lend to the Managers of the Metropolitan Asglum District. Spent ^ 11. [Power to the Board to lend to the School /hard for Londo7i all '6\st December 1889. Spent. — Prorision as to repagment within not exceeding 50 gears. Superseded 2 Edw. 7, c. 42, 2nd schedule ; and 3 Edw. 7, c. 24, s. 1.] 12. [Power to the Board to lend till ^Ist December 1889 to the Meceicer of the Metropolitan Police District. Spent.] 13. [Power to the Board to lend up to ^\st December 1880 to the Vestrg of St. Pancras. Spent. — Prorisionfor repayment within a time to he approved by the Treasury not exceeding 50 yeai'S. Identical with such provision in 50 & 51 Vict. c. 31, .n\ 7.] 14. Where, under the authority of this or any other Act, the Protection of Board lend any money to any corjjoration, body of i-ommissioners, of'^J^^i*^® ])ublic body, or persons, the exercise of whose ])0wers of borrowing loans. ' is subject to the consent of the Local Government Board, the sanction of that Board to the borrowing of such money shall in every such case be conclusive evidence that such cor})oration, body of commissioners, public body, or ])ersons Innl powt-r to l)orrow such money. 15. ...... Power to ,(i.) Where the Board under the authority of this Act ^'^'^^^^ "^^i^l^l"^^^' consolidated stock to raise money for the j)urpose of the Fire Brigade Act, ls(;.">, or to enable them to make a loan re])ayable within a jieriod not exceedin/ ^- "^ ' this Act. >Spenf.'\ Second and Third Schedules. [List of Par h.^ and Open Spaces Acts and Arti^an.i and Labourers Dwellings Improvement Acts referred to in s. 3. Spent. ^ CHAPTER 41. * An Act to amend the Laws relating to Local Government IN England and AVales, and for other Purposes con- nected therewith. [Vit/t August 1888.] PART I. County Councils. Constitutio)t of County Council. 1. A council shall be established in every administrative county Establish- as defined by this Act, and be entrusted with the management of"ientof the administrative and financial business of that county, and shall ^^^^Jj consist of the chairman, aldermen, and councillors. 2. — (1.) The council of a county and the members thereof shall Composition be constituted and elected and conduct their proceedings t iu li^^^ ^f co^un^-j°° manner, and be in the like position in all respects, as the council of and position a borough divided into wards, subject nevertlieless to the provisions of chairman, of this Act, and in particular to the following provisions, that is to say : — (2.) As respects the aldermen or councillors — («.) clerks in holy orders and other ministers of religion shall not be dis(jnalified for being elected and being aldermen or councillors ; (i.) a person shall be qualified to be an alderman or councillor who, though not qualified in manner ]>rovided by the Municipal Corporations Act, 1SS;2.? as a]»]ilied by this Act, -t'*;^ ^«J "^''c^- is a j>eer owning projjcrty in the county, or is registered *^' "* ' as a parliamentary voter in respect of the ownership of ])roperty of whatsoever tenure situate in the county ; (>87, and 1SI»2.] '(xii.) The division of the county into polling districts for the I)urposes of parliamentary elections, the appointment of places of election, the places of holding courts for the revision of the lists of voters, and the costs of and other matters to be done for the registration of parliamentary voters ; '(xiii.) The execution as local authority of the Acts relating to contagious diseases of animals,t to destructive insects.f to tisli conservancy ,J to wild binls, to weights and measures, and to gas meters, § and of the Local Stamp Act, 1869; '-^^^ 33 vict. /)lic(d)lc to London. See s. 93 (2).] (xv.) The registration of rules of scientific societies under the Act of the session of the sixth and seventh years of the reign * Not applicable to London, wherein tlie Corporation of the t'itv of London and the vestries and di.>/ Rates Act 1852, .s.v. 17 and 22 {see Appendix), and 32 amf 33 \'iri. r. 07.] (2) All business of the (juarter sessions or any committee thereof not transferred by or in j)ursuance of this Act to the county council shall be reserved to and transacted by the quarter sessions or committee thereof in the same manner, as far as circumstances admit, as if this Act had not i)assed. 9. \_Powers as to police. Not applicable to Loudon. See s. 93.] 10. — (1.) After the passing of this Act it shall be lawful for the Transfer to Local Government Board to make from time to time a Provisional ^'^"°^-T Order for transferring to county councils — powers of {a) any such j)owers, duties, and liabilities of Her Majestv's certain >rivy Council, a Secretary of State, the Board of Trade, ^'e''arTnTen'ts the Local Government Board, or the Education Depart- ana^other^ *" ment, or any other Government department, as are con- authorities. ferred by or in pursuance of any statute and appear to relate to matters arising within the countv, and to be of an administrative character : also {b) any such powers, duties, and liabilities arising within the county, of any commissioners of sewers, conservators, or other public body, cor})orate or unincorporate (. . . not being a board of guardians) as are conferred by or in l)urs nance of any statute ; and such Order shall make such exceptions and moditications as appear to be expedient, and also such provisions as api)ear necessary or proper for carrying into eifect such transfer, and for tliat i»urpos'e may transfer any power vested in Her Majesty in Council : (2.) Provided that before any such Order is made, the draft thereof shall be ai)proved, if it relates to the powers, duties, or liabilities of a Secretary of State, or the Board of Trade, or any other Government dej)artment, by such Secretary of State, Board, or department, and approved, if it atfects the powers, duties, or liabilities of any commissioners, conservators, or body, corporate or unincorporate, by such commissioners, conservators, or body ; and every such Provisional Order shall be of no effect until it is con- firmed by Parliament. (3.) If any such powers, duties, or liabilities as are referred to in any Provisional Order under this section arise within two or more counties, they may be transferred to the county councils of such 734 [Chap. 41.] Local Gocernmeid Act 1888. [51 k 0"-2 Vict.] two or more counties jointly, and may be exercised and discharged by a joint committee of such councils. (4.) The Act of Parliament confirming any Provisional Order made under this section shall be a public treneral Act. [Amended hy the Local Gocerninent {Tran.^fer of Powers) Act l^aZ {see Appendix). Words omitted Q^ 7iot being the corporation of a municipal borough or an urban or rural authority or a school board, and^'') not applicable to Londo/'~\ Entire main- ^1' — ^-^O Every road in a county, which is for the time being tenance of a main road within the meaning of the Highways and Locomotives main roads (Amendment) Act, 1878,* inclusive of every bridge carrying such council. " road if repairable by the highway authority, shall, after the 41 & 42 YicT. appointed day, be wholly maintained and re])aired by the council ^- ''• of the county in which the road is situate, and such council, for the purpose of the maintenance, repair, improvement, and enlarge- ment of, and other dealing with such road, shall have the same powers and be subject to the same duties as a highway board, and may further exercise any powers vested in the council for the purpose of the maintenance and repair of bridges, and the enact- ments relating to highways and bridges shall apply accordingly ; and the county council shall have the same powers as a highway board for preventing and removing obstructions, and for asserting the right of the public to the use and enjoyment of the roadside wastes : and the execution of this section shall be a general county purpose, and the costs thereof shall be charged to the general county account. \_See also s. 41 (4), and G2 k 63 Vict. c. 14, s. 6.] (2.) Provided that any urban authority may, within twelve months after the ajjpointed day. or in case of a road in the district of such authority becoming a main road at any subsequent date then within twelve months after that date, claim to retain the powers and duties of maintaining and rejiairing a main road within the district of such authority, and thereupon they shall be entitled to retain the same, and, for the purpose of the maintenance, repair, improvement, and enlargement of, and other dealing with such road, shall have the same powers and be subject to the same duties as if such road were an ordinary road vested in them, and the * Ss. 13 — 15 of the Highways and Locomotives (Amendment) Act 1878 are as follows : — "13. For the purposes of this Act and subject to its provisions, anv road which has, within the period between the thirty-first day of December, one thousand eight hundred and seventy, and the date of the passing of this Act, ceased to be a turnpike road, and any road which, being at tlie time of the passing of this Act a turnpike road, may afterwards cease to be such, shall be deemed to be a main road. . . . [Fart omitted rep. 57 and 58 Vict. c. 56 (>' I'"""* hereinafter containeil, and ' "(b) Be issued from the local taxation account by half-yearly payments out of the annual grant to each such spending authority a share of that grant of such amount as is certitied under the [uovisions hereinafter contained. "(2) The commissioners of Inland llevenue, in such manner, by suci» payments, and Inlaml Keveu^ic under such regulations, as the Treasury direct, shall pay to the local taxation account, P«y«»ieuto out of the proceeds of the estate duty derived in England from personal propc-rty, the annual sum required by this section to be paid to that account." 740 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.1 Grant to county council of portion of probate dutj. 44 k. 45 Vict. c. 12. Distribution of probate dutv grant. 21. After the tioancial year ending the thirty-first day of March next after the passing of this Act, the Commissioners of Inland Revenue shall, from time to time, in such manner and under such regulations as the Treasury may from time to time prescribe, pay into the Bank of England to the Local Taxation Account, such sums as may be ascertained in manner provided by the regulations to be four fifth parts of one half of the proceeds of the sums collected by them in respect of the probate duties, and for the purpose of this section " i)robate duties " means the stamp duties charged on the affidavit required from persons applying for probate or letters of administration in England, "Wales, or Ireland, and on the inventory exhibited and recorded in Scotland, and also the stamp duties charged on such accounts of personal and movable property as are specified in section thirty-eight of the Customs and Inland Revenue Act, 1881, and also includes the proceeds of all penalties and forfeitures recovered in relation to such stamp duties. \_See the Finance Act 1894, 8. 19.] 22. — (1.) The sums paid in pursuance of this Act to the Local Taxation Account, in respect of the proceeds of the probate duties (in this Act referred to as the •'• probate duty grant "), shall, until Parliament otherwise determine, be distributed among the several counties in England and Wales in proportion to the share which the Local Government Board certify to have been received by each county during the financial year ending the thirty-first day of March next before the passing of this Act out of the grants heretofore made out of the Exchequer in aid of local rates, which will cease to be granted after the passing of this Act, and the share to be so certified shall be estimated in such manner as the Local Government Board direct. probate duty grant (3.) The proportion to be paid to each county shall from time to time be paid under the direction of the Local Government Board to the county council out of the Local Taxation Account. The Board may, if they think proper, vary their certificate, but unless it is so varied, their certificate shall be conclusive. \_Part omitted {special provisions, as to South Wales and the Isle of Wight) not applicable to London^ Application 23. — (1.) All sums from time to time received by a countv council I'o'callaxatl'on i^ respect of- licences, and («.) the duties ou the local taxation licences, whether collected by the Commissioners of Inland Revenue or by the county council : and (h.^ the probate duty grant, shall be i)aid to the county fund and carried to a separate account, in this Act referred to as the Exchequer Contribution Account. (2.) All sums for the time being standing to the Exchec^uer Contribution Account shall be applied — (i.) in paying the costs incurred in respect thereof, or otherwise chargeable thereon ; and (ii.) in payment of the sums required by this Act to be paid by the county council in substitution for local grants ; and (iii.) in payment of the grant required by this Act to be made by the county council in respect of costs of union officers ; and (iv.) in repaying to the general county account of the county [ol & 52 Vict.] Local Government Act 1888. [Chap. 41.] 741 fund tlie costs on account of general county jmrposes for wliicli tlic whole (tf the area of the county is liable to be assessed to county c(jntributions ; and shall be so applied in the order above mentioned. \_See the Technical Lnntruction Act 1801, .f. 2.] • ••••• '[Pa/'fs omitted {as to iiainacnt of > Vict. c. 7t3, s. lOS. c. ;>o. 742 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] county a sum equal to the amount paid out of local grants towards the remuneration of the registrars paid by those guardians during the financial year ending on the thirty- first day of March next after tlie passing of this Act ; and (('.) they shall transfer to that account of the county fund to which, the maintenance of any pauper lunatic chargeable to the county is charged, a sum equal to four shillings a week for each such pauper lunatic, for whom the net charge upon the county council, after deducting any amount received by the county council for the maintenance of such lunatic from any source other than local rates, is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is so transferred ; and (_/.) tliey shall pay to the guardians of every poor law union wholly or partly in the county a sum equal to four shillings a week for each pauper lunatic chargeable to that union, and maintained in an asylum, registered hospital, or licensed bouse, for whom the net charge upon the guardians, after deducting any amount received by them for the maintenance of such lunatic from any source other than local rates, is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is so paid ; and (g.) they shall pay to the council of each borough * to which the maintenance of any pauper lunatic is chargeable, a sum equal to four shillings a week for each such pauper lunatic for whom the net charge upon the council of the borough, after deducting any amount received by them for the maintenance of such lunatic from any source other than local rates, is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is so paid ; and (/^) they shall transfer to that account of the county fund to which the compensation payable to the clerk of the peace of a county, or any other officer of quarter sessions for the county, under section eighteen of the Act of the session of the eighteenth ,and nineteenth years of the reign of Her present Majesty, chapter one hundred and twenty-six is charged, the amount of such compensation ; and {i.j.) [As to police. Not applicable to London. See s. 93.] (/'.) they shall, if within their county sums are raised by rates for the purpose of the Metropolitan Police, pay to the Ileceiver for the Metropolitan Police District in each year, a sum bearing such proportion to the sum actually raised in the same year by rates from the parishes in that county for the said purpose as a Secretary of State certifies to be the proportion which would have been contributed out of the Exchequer under the arrangement in force during the financial year next before the passing of this Act. [See 31 & 32 Vict. e. 67.] (3.) A reference in sections one hundred and eighty-nine and one hundred and ninety-one of the Public Health Act, 1875, to officers any portion of whose salary is paid out of moneys provided by Parliament shall be construed to refer to those officers in respect of whose salaries payment is made by a county council in pursuance * See s. 41 (2), and the Lunacy Act 1890, ss. 28ti and 290. [51 & 52 Vict.] Local Government Act 1888. [Chap. 41.] 743 of this section. ySce also s. 88, and i)4 & 5") V/rf. r. 7G, .s. loCt, et ^«/.] (4.) \As to payments to county and borouijh jjolice. Sot applicmU' to London. See s. 03 (~.).] (5.) Whore u sum is ])ayable nndor this soction to the irnardians, authority, or oiHcer of u union or other area, and such union or area is situate in more administrative counties than one, a ijroportionate ])art only of the sum otherwise payable shall be ])aid by the council of each of sucii counties to the t^uardians, authority, or officer, and the Local (iovernment Board shall certify the j»roj)ortionate part due from the council of each such county. (6.) The guardians, authority, or olHcer to whom a sum is ])ayable under tliis secti(jn on the ccrtilicate of the Local Government Board, shall submit to the Board their claim to the ])ayment in such manner, and ])roduce such evidence and comply with such rules as the Board from time to time re(juire or make, and the Board shall fix the amount due on the like principles, and may impose the like <'onditions for the ])aym('nt thereof as before tlie ])assinljli' to London.'] 35. Ill the case of a (juarter sessions borough, iif)t being one of Application the boroughs named in the Third Scheilule to this Act, but cnn- !^^ -^'-'^ ^'^ A • • 1- i J.1 L- ^1 1 • 1 Z 1 II lart^er quarter tainnig, acconnng to the census oi one thousand eight Innidred sessions and eiglity-one, a i)0i)nlatiun of ten tlionsand or ni)Wurds, the boroughs following provisions shall, on and after the appointed day, apply : "*'' county (1.) Nothing in this Act shall transfer to the county council any power of the council of the borougli as local authority under any Act. . . . [-6^6' .;>•. 41.] • • • • • « [Pai't omitted (as to county boroughs) not applicable to Londo)i.'] 36. — (1.) Where a borougb has a separate commission of the peace, General ap. whether a quarter sessions borough or not (and is not a Ijorough Plication named in tlie Third Schedule to this Act), then, subject to the borouirbs provisions of this Act, all such powers, duties, and liabilities of the witL separate court of quarter sessions or Justices of the borough, as in the case '^o^mi-'Sion of the county are by this Act transferred to the county council, sliall *" peace, cease, and the county council shall have those ])0wers, duties, and liabilities within the area of the borough in like manner as in the rest of the county. • • • • ■ • [Part omitted {as to count)/ boroughs) not applicable to London.'] 37. [Application of the Act to quarter sessions boroughs hereafter created. Sot applicable to London.] 38. [Application of the Act to smaller quarter sessions boroughs with a population under lo,0(J<>. Xot applicable to London.] 39. [Application of Act to all boroughs with a population under lUjOuu. j^ot applicable to London.] Application of Act to Metropolis. 40. In the a])plication of this Act to the metropolis, the following Application provisions shall have effect : — of Act to (1.) The metrojiolis shall, on and after the apj)ointed day, be an as county of administrative county for the j)urposes of this Act by the London.' name of the administrative county of London. (2.) Such portion of the administrative county of London as forms part of the counties of Middlesex, Surrey, and Kent, shall on and after tiie apjtointeil i>anl of AN'orks, Init save as aforesaid Part Four of this Act shall apply to the London <'(tnnty ('onncil when actinj; as successors of the Metropolitan Hoard of Works, and the costs incurred when so acting shall \ni paid out of thi- county fund, and the payment thereof shall be a general county purpose. \_Si'r s. 4! (3).] 41. — (1.) Of the powers, duties, and liahilifies of the court of Position of quarter sessions and Justices of the citv ol Jjondon — city of («.) such ot them as would, it the city were a (piarh^r sessions application of borough, with a jiopulation exceeding ten thousand, be Hi^hway exercised by virtue of this or any other Act by the coun(ul of '^^'''' the borough, "shall be transferred to the mayor, commonalty, and citizens of the city acting by the council (in this Act referred to as the Common Council) ; and (h.) such of them as wouhl, in the said case, be by virtue of this Act exercised and discharged by the County Council shall cease, and the County Council shall, subject to tin- jtro- visions of this Act, have those ])0wers, duties, and liabilities within the city of London in like manner as within the rest of the administrative county of London. (2.) The ])rovisioiis of this Act with respect to the transfer to a ■county council shall upply with the necessary moditications to such transfer to the C'ommon Council, and the Common ( 'ouncil shall be entitled to receive from the London County Council in resjtect of ■each ])auper lunatic, the same amount as is required l)y this Act to be paid bv anv other countv council to the council ot" a borough. ISee s. 2^ (2) C^).] (3.) A\ here at the passing of this Act the Metropolitan lioard of ^Vorks or the Quarter Sessions of ^liddlesex are authorised to incur ■costs for any pur])Ose, and the Common Council of the city are not liable to contribute to such costs, the ])arishes in the city of London shall not, save as in this Act expressly mentioned, be liable to be assessed to county contributions in respect of costs incurred by the County Council for such ])urpose, but this exemption shall not extend to any costs incurred for the jJuriKjse of any power>. iluties, or liabilities of the quarter sessions or Justices of the city of London, which will be exercised and discharged by the London County ( 'ouncil. (4.) The provisions of the Highways and Locomotives ; Amend- 'i -v 42 Vict, ment) Act, iSTiS, with respect to main roads, as amended by this'' " Act, shall extend to the metropolis in like manner as if the ■expression '' urban sanitary distrit-.t " in that Act included, as respects the metropolis, the I'ity of London, and a jiarish in .Schedule A., and a district in Schedule V>. of the .Metropolis •"" ■^l^ ^'ict^ Management Act, 1855, as amended by subsequent Acts, and as if "^^ the Commissioners of Sewers,* or vestry ,t or district board t (as the case may be) were the urban sanitary authority: Provided that — (f^) in the city of London the Common Council shall have the power under the Highways and Locomotives (Amendment) Act, 1878,1 of making byelaws respecting locomotives, and authorising locomotivi's to be used on anv nuid within the * Now the Mayor, Commonalty, ami Citizens of the City of London. See the City of London t^e\veI•s Act ISf the Metropolitan Horouirh. See t'>L' 4: t;.3 Vict. c. 1 i, .■< 4. ^ But see now the Locomotives Act, Isyf, ss. \S, 7, \\ and 17. ^48 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] Arrange- ments for paid chair- man and sitting of quarter sessions for London. city, save that if any difference is made by sncli byelaws or authority between any main road maintained by the County Council and the other roads in the city, such authority and byelaws shall re(j[uire the approval of the County Council ; and (/-.) the Common Council in the city of London, and in any other part of the metropolis, the vestry,* or district board,* shall be deemed to be a district council and an urban authority within the meaning of the provisions of this Act with respect to main roads, and may accordingly claim to retain the power of maintaining and repairing a main road, and in such case shall have all such powers and duties of maintaining, repairing, improving and enlarginir, and otherwise dealing with the main road as they would have if it were an ordinary highway repairable by them, and such powers and duties shall in the city of London be discharged by the Commissioners of Sewers.f \See note to section 11 (1), and see 62 and 63 Vict. c. 14, s. 6 (1).] (5.) The payment of the costs of assizes and sessions shall be a general county purpose for which the parishes in the city may be assessed to county contributions, and all such costs of prosecutions in the city as are by law payable out of the county rate shall be paid out of the county fund. (6.) The county councillors elected for the city, shall not act or- vote in respect of any question arising before the County Council as regards matters involving expenditure on account of which the parishes in the city are not for the time being liable to be assessed etjually with the rest of the administrative county to county contributions. \_See 53 & 54 Vict. c. ccxliii. .s-. 23.] (7.) The London County Council, and the Common Council of the City of London may agree for the cessation in whole or in part of any exemption under this section from assessment, in consideration either of payment by the County Council of a capital sum, or of an annual payment, or of a transfer of property or liabilities, or of the C'ounty Council undertaking, in substitution for the Common Council, any powers or duties, or partly for one consideration and partly for another, or in any other manner, according as may be determined. (8.) The sheriffs of the city of London shall not have any authority except in the city. X 42.— (1.) If the London County Council petitions Her Majesty the Queen in that behalf, it shall be lawful for Her Majesty from time to time to appoint a barrister of not less than ten years' standing to be paid chairman or deputy chairman, or one of the paid deputy chairmen, as the case may be, of the quarter sessions for the county of London. (2.) Any person so appointed shall hold office during good behaviour, and shall by virtue of his office be a Justice of the Peace for the county of London. (3.) There shall be paid to him out of the county fund as a * Now the <'ouncil of the Metropolitan Borough. See G2 & 63 Vict. c. 14, s. 4. T Now the Mayor, Commonalty, and Citizens of the City of ]jondon. See the City.' of London Sewers Act 1897. \ See also 59 and (50 Vict. c. 55. [51 & 52 Vict.] Loral Government Act 1888. [Chap. 41.] 740 general ronnty pnrpose such yearly salary not oxceedinLT tliat stated in the petition in conseciuenee ol" which the appointment was made, as Her Majesty directs. (4.) Such chairman or deputy chairman shall not, during his office, he eligible to serve in Tarliament, and shall not during his continuance in office practise as a hanister. (5.) AVhere tliere is any such jiaid chairman or deputy chair- man of the rpiarter sessions, the court may be held before such chairman or de])uty cliaii-niaii alone. (0.) Separate courts of (juarter sessions may be held at different parts of the county of London at the same time if so directeefi,'iional tlichioits in MiililUsej., ISunei/, and Kent. J^ot applicable to London.] (10.) The ([uarter sessions for the county of London * shall be substituted for the geueral assessment sessions under the Valuation 32 a: 33 Vict (Metropolis) Act, 18'')9, and have all the jurisdiction vested in those c. G7. sessions, and shall exercise the same within the same area. Upon the hearing of any ap})eals in relation to property in the city of London, such two members of the court of quarter sessions of the city of London as nuiy be aj>pointed by that court for the ]iurj)i>s<', shall be entitled to attenroper for bringing into ojjeration and giving full effect to the scheme or order ; and (e) may adjust any property, debts, and liabilities affected by the scheme or order. (5.) Where an alteration of boundaries of a county is made by this Act an order for any of the above-mentioned matters may, if it appears to the Local Government Board desirable, be made by that Board, but such order, if petitioned against by any council, sessions, or local authority affected thereby, within three months after notice of such order is given in accordance with this Act, shall be provisional only, unless the petition is withdrawn or the order is confirmed by Parliament. (6.) A scheme or order may be made for amending any scheme or order previously made in jjursuauce of this Act, and may be made by the same authority and after the same procedure as the original scheme or order. Where a provision of this Act respecting a scheme or order requires the scheme or order to be laid before Parliament, or to be confirmed by Parliament, either in every case * See Appendix. [51 & 52 Vict.] Load Gocenime/'f Act 1888. [Chap. 41.] 755- or if it is j)etitioiied against, such scliorae or order may amend any local and personal Act. [Fart.i omitted /-elate to countieif other than London and to cities and boroughs outaide Loiidot>.'] 60. In every alteration of boundaries effected under the authority General pro- of tliis Act, care shall be taken that, so far as practicable, the .^^j^g^"^^,'^,^'^^^ boundaries of an area of local government shall not intersect the boundario-. boundaries of any other area of local government. 61. \^.\p/J0intment of commiasionerH for determination of certain matters a risinq under this Act — (.'ommisiiioner.s powern to cea.se on 31.s^ December 1^00. ^Spent*'] 62. — (1.) Any councils and other authorities att'ected by this Act Adjustment or by any scheme, order, or other tiling made or done in jiursuunce o^ F^perty of this Act, may from time to time make agreements for the liabilities, purpose of adjusting any ])ro])crty, income, debts, liabilities, and expenses, so far as affected by this Act or sucii sclieme, order, or thing, of the parties to tlie agreement, and tlie agreement and any other agreement authorised by this Act to be made for the purpose of the adjustment of any property, debts, liabilities, or financial relations, mny ])rovide for the transfer or retention of any |troperty, debts, and liabilities, with or without any conditions, and fur the joint use of any property, and for the transfer of any duties, and for payment by either party to the agreement in respect of property, debts, duties, and liabilities so transferred or retained, or of such joint user, and in respect of the salary, remuneration, or com})ensa- tion payable to any officer or person, and that either by way of a cajjital sum, or of a terminable annuity for a period not exceeding that allowed by the ('ommissioners under this Act or tlie Local Government I^oard. (2.) In default of an agreement as to iiny matter requiring adjustment for the purpose of this Act, or any matter which, in case of difference, is to be referred to arbitration, then, if no other mode of making such adjustment or determining such difference is provided by this xVct, such adjustment or tlilference may be made or determined by an arbitrator ajipointed by the parties, or in case of difference as to the appointment, appointed by the Local Govern- ment Board. (3.) An arbitrator a])j)ointed under this Act shall be deemi'd to be an arbitrator within the meaning of the Lands Clauses Con- 8 4: ;• Vict, solidation Act, 1845, and the Acts amending the same, and the ^'- ^^^ provisions of those Acts with respect to an arbitration shall ajiply accordingly : and, further, the arbitrator may state a sjiecial case, and notwithstaniling anything in the said Acts, siiall determine the amount of the costs, and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily. (4.) Any award or order matle by the Commissioners or any arl)itrator under this Act mav provide for anv matter for which an agreement might have provided. (5.) Any sum reipiired to be paid for the }tur})ose of ailjustuient, or of any award or order made by the Commissioners or an arl>i- trator under this Act, may be paid out of tiie county . . . fund or * These powers were continued bv the Expiring Laws Continuance Acts 1S90 and 1891 till 30th June 1902. 756 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] ont of such other special fnnd as the council, with the approval of the Commissioners under this Act or of the Local Government Board, may direct. [Wojvls omittec^ {^^ 07^ borough''') not applicable to London.'] (6.) The payment of any capital snm required to be paid for the purposes of the adjustment or of an agreement under this Act, or of any award or order made upon any arbitration under this Act, shall be a purpose for which a council may borrow under this Act. . . , \Part omitted (as to method of borrowing) not a/pplicable to London. See s. 40 (8), and the London County Council (Money) Acts 1899—1904.] (7.) Any capital sum paid to any council for the purpose of any adjustment, or in pursuance of any order or award of an arbitrator under this Act shall be treated as capital, and applied, with the sanction of the Local Government Board, either in the repayment of debt or for any other purpose for which capital money may be ajDplied. 63. Where the Local Government Board are required in jmr- suunce of this Act to decide * any difference or other matter referred to arbitration in pnrstiance of this Act, the provisions of the 31 & 32 Vict. Eegulation of Railways Act, 1868, respecting arbitrations by the c. 119. Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted, and in terms made applicable to the Local Government Board and the decision of differences and matters under this Act. Arbitration by Local Government Board. Transfer of county pro- perty and liabilities. PART IV. Finance. Property Funds and Costs of County Council. 64. — (1.) On and after the appointed day all property of the quarter sessions of a county, or held by the clerk of the peace, or any Justice or Justices of a county, or treasurer, or commissioners, or otherwise for any public uses and purposes of a county, or any division thereof, shall pass to and vest in and be held in trust for the council of the county, subject to all debts and liabilities affecting it, and shall be held by the county council for the same estate, interest, and purposes, and subject to the same covenants, conditions, and restrictions, for and subject to which that property is or would have been held if this Act had not passed, so far as those purposes are not modified by this Act. Provided that — {a) the existing records of or in the custody of the court of quarter sessions shall, subject to any order of that court, remain in the same custody in which they would have been if this Act had not passed ; and {b) where any property belongs to a charity, nothing in this Act shall affect the trust of such charity, and until otherwise directed by the Charity Commissioners for England and Wales, the trustees or managers of the charity shall be appointed in like manner as if this Act had not passed ; and (f) the Justices of any county may retain any pictures, chattels, or property on the ground that the same have been pre- sented to them or purchased out of their own funds or * The words " determine as arbitratoi-s " are substituted for the words in italics by the Local Government (Determination of Differences) Act 1896. [51 & 52 Vict.] Local Government Act 18h8. [Chai-. 41.] 757 otherwise IffKnig to them, and are not liehl lor ])ulUic ]mrj)Ose.s of the county, and any dijl'erence arising between the county council and the Justices witli n-spect to any such retention shall he referred to and determined by the Commissioners under tliis Act. (2.) On and after the ajjpointed day all debts and liabilities of the quarter sessions, or of the clerk of tiie jjeace, or any Justice or Justices, or treasurer, nr commissioners, incurred for county pnr]ioses, shall become debts and liabilities of the county council, and shall, subject to the provisions (jf this Act, be defrayed by tiiem out of the like property and I'unds out of which tiiey would have been defrayed if this Act had not ])assed. (3.) The county council shall have full power to manage, alter, and enlarge, and, with the constant of the Local G(jvernment Board, to alienate any land or buildings transferred by this section, or otherwise vested in the council, Ijut shall j)rovide sucii accommoda- tion and rooms, and such furniture, books, and other things as may from time to time be determined by the standing joint committee of (jiiarter sessions and the county council, to be necessary or ])roper for the due transaction of the business, and convenient keeping of the records and documents, of the (piarter sessions and Justices out of sessions, or of any committee of such quarter sessions or Justices. • ••••• \_l'arts omitted are special procisiott.s for jdaces other than Lou(hn.~\ 65. — (1.) A county council may, from time to time, for the Power to purj)ose of any of their powers and duties, including those which ^*^^"'r'-"^*°^^- are to be executed through the standing joint committee, acquire, purchase, or take on lease, or exchange any lands or any easements or rights over or in land, whether situate within or without the county, and may acquire, hire, erect, antl furnish .such halls, build- ings, and offices as they may from time to time require, whether within or without their county. (2.) For the purpose of the })urchase, taking on lease, or exchange of such lands, sections one hundred and seventy-six, one hundred and seventy-seven, and one hundreel and seventy-eight of the Fubiic Health Act, 1875,* sliall a{)ply as if they were herein re-enacted, and in terms made a})[)licable to the county council. (3.) Where the county council, with the consent of the Local Government l*)oard, sell any land, tlie jiroceeds of such sale shall be applied in such manner as the said Uoard sanction towards the dis- charge of any loan of the council, or otherwise for any purpose for which capital may be applied by the council. 66. All costs incurred by the quarter sessions or the Justices out f'ostf cf of session of a county, and all costs incurred by any Justice . . . i" pj"vableout defending any legal jiroceedings taken against him in respect of any of county order made, or act done, in the execution of his duty as sucii Justice, fund. . . . shall, to such amount as may be sanctioned by the standing joint committee of the county council and ([uarter sessions, and, so iar as they are not otherwise ])rovided for, be ])aid out lU' the county fund of the county, and the council of the county shall provide fur such payment accordingly. \_Parts omitted (as to police) not ap- plicable to London. See s. 03. See also s. 75, and the Muniripal Corporations Act 1882, .»•. 22<» {!im. [^'hai'. 41.] 759 (7.) The county oonncil shall koc]) siicli accounts as will j)revent the whole administrative county from l)einy the Acts relating to such borrowing, and the Local -Government Board, before giving their consent, shall take into consideration any representation made by any ratepayer or owner of property rated to the county fund. • • • • • • {Parts omitted (as to borrowing by county councils) not applicable to London. See section 40 (S) and (9).] 70. [-U to issue of stock. Not applicable to Ljondon. See the London County Council {Money) Acts 1889—1904.] 71. — (1.) The accounts of the receipts and expenditure of county Audit of •councils shall be made up to the end of each local tinancial yes"" ^1^5;^"°^ °^ as detined by this Act, and be in the form for the time being council, prescribed by the Local Government Board. (2.) The provisions of the ^Municipal Corporations Act, lss2,* with respect to the return to the Local Government Board of the nccounts of a council of a borough and to the accounts of the treasurer of the borough, and to the inspection and abstract * See Appendix. 760 [Chap. 41.] Local Goternment Act 1888. [51 & 52 Vict.J thereof shall apply to the accounts of a county council, and of the treasurer and officers of such council, and the said ])rovisions respecting the return to the Local Government Board shall extend to the return to that Board of a printed copy of the abstract of the said accounts. (3.) The accounts of a county council and of the county treasurer and otiicers of such council, shall be audited by the district auditors appointed by the Local Goverunaent Board in like manner as accounts 38 k 39 Vict, of an urban authority aud their officers under sections two hundred ^' • aud forty-seven and two hundred and fifty of the Public Health Act 1875,* and those sections and all enactments amending them or applying to audit by district auditors, including the enactments imposing penalties and providing for the recovery of sums, shall apply in like manner as if, so far as they relate to an audit of the accounts of an urban authority and the officers of such authority, they were herein re-enacted with the necessary modifications, and accordingly all ratepayers and owners of property in the county 42 & 43 Vict, shall have the like rights, and there shall be the same appeal as in ^" ^" the case of such audit. Provided that the First Schedule to the District Auditors Act, 1879, shall be modified in manner described in the Second Schedule to this Act. 72. [^Adaptation of part v. of the Municipal Corporations Act 1882 as to corporate property and liabilities in boroughs and f-oiinty boroughs. Not applicable to London.'] Local Financial Year and Annual Budget. Fixing of 73. — fl.) After the appointed day, not being more than three yS?amf°^^^^ 1^'^^^ ^ft<^i' t^6 passing of this Act, the local financial year shall be consequent the twelve months ending the thirty-first day of March, and the adjustments, accounts of the receipts and expenditure of every county council shall be made up for that year. . . . (2.) All enactments relating to accounts of local authorities, or the audit thereof, or to returns touching their receipts and ex- penditure, or to meetings, or other matters, shall be modified so far as is necessary for adapting them to the provisions of this section^ and the Local Government Board shall from time to time give such orders and make such arrangements as ajjpear to the Board to be necessary or proper for eftecting such adaptation, and giving effect to the provisions of this section. [Part omitted {temporary i^rotisions till the appointed day) spent^ Annual 74. — (1.) At the beginning of every local financial year, every budget of county council shall cause to be submitted to them an estimate of councils. the receipts and expenses of such council during that financial year, whether on account of proj^erty, contributions, rates, loans, or otherwise. (2.) The council shall estimate the amount which will require to be raised in the first six months, and in the second six months of the said financial year by means of contributions. (3.) If at the expiration of the first six months of such financial year it appears to the council that the amount of the contribution or rate estimated at the commencement of the year will be larger than is necessarv or will be insufficient, the council mav revise the estimate and alter accordingly the amount of the contribution or rate. * See Appendix. [51 & 52 Vict.] Local Government Act 1888. [Chap. 41.] 761 PAKT V. SUPPLKMENTAL. j\.pjjli cation of Acts. 75. For the purpo.se of the provisions of this Act with respect to Application of county councils, and to the chuirnien, ru embers, committees * and ^''.^ **' ^'^^- officers of such councils, and oHicrwise for the j)urp()se of carrying countv this Act into effect, tlic following- portions of the Municipal ('or- councils and porations Act, 1882,t namely. Tart Two, Part Three, Part Four (as ^^^'l/'^^y-^^^ amended by the Municipal Elections (Corru])t Practices) Act, 1884), c. 70. section one hundred and twenty-four in Part Five, Part Twelve, Part Thirteen, the Second Schedule,! Part Two and Part Thre*; of the Third Schedule, and Part One of the Eighth Schedule shall, so far as the same are unrepealed and are consistent with the provisions of this Act, apply as if they were herein re-enacted with the enact- ments amending the same in such terms and with such modifications as are necessary to make them applicable to the said councils and their chairmen, members, committees, and officers, and to the other provisions of this Act. Provided as follows : — (1.) \_hUectious oj count ij councillor.'<. and borough councillor.-i to be conducted together. Rep. bij the County Councils {Elections) Act 1891 (see Appendix).'] (2.) Such })erson as the county council may a])])oint shall be the returning officer for the election of county councillors of the county council, in substitution for the mayor, and for the aldermen assigned for that purpose by the council. (3.) The returning officer, without prejudice to any other power, may by writing under his hand a])])oint a fit person to be his deputy for all or any of the ])urposcs rcdating to the election of any such councillor, and may by himself or such deputy exercise any powers and do any things which a returning officer is authorised or reciuired to exercise or do in relation to such election, and shall for the ])urposes of the election have all the powers of the sheriff. (4.) A reference in this Act, or in the enactments applied by this Act, to the returning officer or to the mayor or to the alderman shall, so far as relates to the election of any such councillor, be construed to refer to the returning officer, and any such deputy as above mentioned. (5.) A reference in the said enactments to the town clerk so fiir as respects the election of any such councillor shall be construed to refer to the returning officer or his deputy, and as respects matters subsefpieut to the election, shall be construed to refer to the clerk of the county council. (6.) [_As to returning ojlicers at elections of borough councillors. Rep. by the Count g Councils {Elections) Act IbOl {see Appendix).^ (7.) Some place fixed by the returning officer shall ... be substituted for the town clerk's office, and, as res])ects the hearing of objections to nomination ])a]iers, for the town hall, but such place shall . . . be in the electoral * See 8. 28 (2). t Soe Appendix. j Superseded (as regards the London County Council) by 5G k 57 Vict. c. ccxxi. s. 10. 762 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] division or in an adjoining electoral division. [Part omitted (as to elections in boroughs) not a/jjjjlicaMe to London.'] (8.) The returning officer shall forthwith after the election of county councillors for the county return the names of the persons elected to the clerk of the county council. (9.) \_As to period between nomination and. election. Liejj. by the County Councils {Elections) Act 1891 (see Appendix).'] (10.) An outgoing alderman shall not as alderman vote in the election of a chairman. 48 & 49 Vict. (-11,) The hours of the poll shall be those fixed bv the Elections ^•^^- (Hours of Poll) Act, 1885. (12.) Section eleven of the Municipal Corporations Act, 1882, with respect to the qualification of a county councillor by reason of his being entered in the separate non-resident list, shall include, for the purposes of this Act, all persons entered in such separate list in any municipal borough by reason of occupation of property in the borough, and all persons entered in such separate list for any part of a county not in a municipal borough by reason of the occupation of property in that part. (13.) \_As to date of election of chairman and county aldermen. Rep. by the County Councils {Elections) Act 1891 {see Appendix).] (14.) Ten days* shall be substituted for five days in section thirty-four of the Municipal Corporations Act, 1882, as the time within which a person elected to a corporate office is to accept that office, and twelve months shall be substituted for six months in section thirty-nine of the said Act, as the period of absence which disqualifies an alderman or councillor. (15.) The quorum of the council shall be one-fourth of the whole number of the council. . . . \_Part omitted {substituting for the purposes of this section one-fourth for one-third, in par. 10 of the 2nd schedule to the Municipal Corporations Act 1882) not applicable to London. See 56 & 57 Vict, c. ccxxi. s. 10.] (16.) Nothing in the Municipal Corporations Act, 1882, as applied by this section — (r/) shall alter the application of any fine, penalty, or forfeiture recoverable in a summary manner ; or {b) shall apply any of the provisions of the Municipal Corpora- tions Act, 1882, with reference to boundaries or the alteration of wards or borough auditors, nor any of the following provisions, namely, sub-section five of section fifteen, section sixteen, section two hundred and fifty-one, or section two hundred and fifty-seven ; or ic) shall render any person elected to a corporate office without his consent to his nomination being previously obtained liable to pay a fine on non-acceptance of office, or render a chairman or deputy chairman disqualified as such by reason of absence ; or {d) [Casual vacancies icithin 6 months of new election not to be filled. Liep. by the Co^lnty Councils {Elections) Act 1891 {see Apvendix).] * Now three months. See the County Councils (Elections) Act 1891, s. 5 (see Appendix). [51 & 52 YiCT.] Local Gorernment Act 1888. [Chap. 41.] 703 {c) shall apl'ly to a connty council section seventeen of the said Act with respect to the town elerk, nor, unless the county council so resolve,* section eighteen respecting the treasurer, but, if the county council so resolve,* section eigliteen shall supersede the existing enactments with res})ect to the county treasurer ; or (/) shall require the acts and proceedings of the standing joint committee of the county council and (piarter sessions to be submitted to the county council for their a])proval ; or {(j) shall ])revent tiie use of schools and public rooms for the purpose of taking the poll at elections under this Act, laut section six of the Ballot Act, 1872, shall apjdy in 35 jc :}6 Vict, the case of elections under this Act, and the n-rurning ^- "***• officer may, in addition to using such rooms free of charge for taking the poll, use the same free of charge for hearing objections to nomination papers and for counting votes. {17.) All costs properly incurred in relation to the holding of elections f)f councillors of county councils, so far as not otherwise provided for by law, shall be paid out of the county fund as general expenses. (18.) The said costs shall not exceed those allowed by Part I. of the First Scliedule to the Parliamentary lOlecrions 'Return- 38 k 39 Vict. ing Officers) Act, 1875, as amended by the Parliamentary ^'^''^■.q y Elections (Returning Officers) Act, 1885, or by such scale c! 62. as the county council may from time to time frame. (19.) Sections four, live, six, and seven of the Parliamentary Elections (Returning Officers) Act, 1875, as amended by the Parliamentary Elections (Returning Officers) Act -^^j^ "'O '^'ict (1875) Amendment Act, 1886, shall api)ly as if they were ''• "*'■ herein re-enacted with the necessary modifications, and in ])articular with the substitution of the county council for the person from whom payment is claimed, and of one month for the period of fourteen days within which application may be made for taxation. '(20.) A county council shall, on the request of the returning officer, prior to a poll being taken at any election of a councillor of such council, advance to hira such sum not exceeding ten ])()unds for every thousand electors at the election as he may require. (21.) The meeting of a county council, or of any committee thereof, may be held at such place either within or with- out their county, as the council from time to time direct. 76. — (1.) The ])rovisions of section four of the County Electors Am<^ndment Act, 1888, with resi)ect to the framing of the lists and register of v/. "'^ -^ ^- voters in parts shall extend to parishes situate within a parliamentary borough. (2.) \_As to appliratioit of rrrfnin jn-orision.^ of .v. 4 of the Coit))t>j Electors Art I^n^. A'o/ ii})}>licunty. (3.) AVhere any enactment (whether relating to lunatii- asylums or bridges, or other county })urposes,or to (]uarter sessions,) retjuires or authorises land to be conveyed or granted to. or anv contract or agreement to be made in the name of, the clerk of the ])eace, or any Justice or Justices or other jierson, on behalf of the county or ([uarter sessions, or Justices of the county, such land shall be conveyed or granted to, and such contract and agreement shall be made with, the council of the administrative county concerned. * See 56 & 57 \k'X. c. cc.xi. s. 10, and schedule. f66 [Chap. 41.] Local Gocernment Act 1888. [51 & 52 Vict.] coiinty council S'fimT^^d"^ 80.— (1.) All payments to and out of the county fund shall be finance com- ^^^^ ^o and by the county treasurer, and all payments out of the mittee of fund shall, unless made in pursuance of the specific requirement of an Act of Parliament or of an order of a competent court, be made in pursuance of an order of the council signed by three members of the finance committee present at the meeting of the council and countersigned by the clerk of the council, and the same order may include several payments. Moreover all cheques for jjayment of moneys issued in pursuance of such order shall be countersigned by the clerk of the council or by a deputy approved by the council. (2.) Any such order may be removed into the High Court of Justice by writ of certiorari, and may be wholly or partly disallowed or confirmed on motion and hearing with or without costs, according to the judgment and discretion of the court. (3.) Every county council shall from time to time appoint a finance committee for regulating and controlling the finance of their county ; and an order for the payment of a sum out of the county fund, whether on account of capital or income, shall not be made by a county council, except in pursuance of a resolution of the council passed on the recommendation of the finance committee, and (subject to the provisions of this Act respecting the standing joint committee) any costs, debt, or liability exceeding fifty pounds shall not be incurred except upon a resolution of the council passed on an estimate submitted by the finance committee. (4.) The notice of the meeting at which any resolution for the payment of a sum out of the county fund (otherwise than for ordinary periodical payments), or any resolution for incurring any costs, debt, or liability exceeding fifty pounds will be proposed, shall state the amount of the said sum, costs, debt, or liability, and the purpose for which they are to be paid or incurred. (5.) \_This section not to (ipplj/ to county horouyhs. Sot applic- able to London.'] 81. — (1.) Any county council or councils, and any court or courts of quarter sessions, may from time to time join in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested. (2.) Any council or court taking part in the appointment of any joint committee under this section, may from time to time delegate to the committee any power which such council or court might exercise for the purpose for which the committee is appointed. (3.) Provided that nothing in this section shall authorise a council to delegate to a committee any power of making a rate or borrowing any money. (4.) Subject to the terms of delegation, any such joint committee shall, in respect of any matter delegated to it, have the same power in all respects as the councils and courts appointing it, or any of them, as the case may be. (5.) The members of a joint committee appointed under this Act shall be appointed at such times and in such manner as may be from time to time fixed by the council or court who appointed them, and shall hold office for such time as may be fixed by the council or court who appointed them, so that where any members of the committee were appointed by the county council, such com- mittee do not continue for more than three months after any triennial election of councillors of such county council. (6.) The costs of a joint committee shall be defrayed by the Appointment of joint committees. [51 & 52 Vict.] Local Government Act 1888. [Chap. 41.] 767 council by whom any of its members were appointed, or if appointed by more than one council in the proportion a<;reed to by them ; and the accounts of such joint commit.tee and tlieir olHcers shall, for the purposes of tlie jirovisions of this Act, be deemed to be accounts of the county council and their officers. (7.) [^Application of aection to count'/ boroughs. Not applicable to London.'] fS.) This section shall apjdy to the standinii;- joint committees. 82. — (1.) A county council appointinu^ under this Act any com- Proceedings mittee may from time to time make, vary, and revoke regulations l^j^t^^g' respecting the quorum and proceedings of such committee, and as to tlie area (if any) within which it is to exercise its authority ; and subject to such regulations the proceedings and quorum and the place of meeting whether within or without the connty, shall be such as the committee may from time to time direct, and the chairman at any meeting of the committee shall have a second or casting vote. (2.) Every committee shall report its proceedings to the council by whom it was appointed, but to the extent to which the council so direct, the acts and proceedings of the committee shall not be required by the provisions of the Municipal Corporations Act, 1882, to be submitted to the council for their approval. (3.) In the case of a joint committee the councils and courts appointing the joint committee shall jointly have the powers given by this section, and the provisions of this section shall ajjply accordingly. Officers. 83. Subject to the provisions of this Act for the ])rotection of Clerk of the clerks of the peace holding office at the passing of this Act, the P^go^n^ty following provisions shall have effect : — council. (1.) The clerk of the peace of a county, besides acting as clerk of the peace of that county, shall also (subject to the pro- visions of this Act as res])ects jnirticular counties) be the clerk of the county council, and in that capacity is referred to in this Act as the clerk of the county council. \_See )iub-s. 11.] (2.) He shall be from time to time aj)pointed by the standing joint committee of the county council and the ([uartt-r sessions, and may be removed by that joint committee. (3.) \_Clerk of' the peace to be responsible for records and document.'^ of the county. Not applicable to London. !See sfdj-.-<. 1 1 (")■] (4.) The joint committee may ap])oint a deputy clerk to hold office during their })leasure, and to act in lieu of such clerk in case of his death, illness, or absence, or in such (.)ther cases as may be determined by the joint t-ommittee, and wherever the deputy so acts, all things autliorised or reipiircd to be done by, to, or before the clerk of the peace, or clerk of the county council, may be done by, to, or before any such dejjuty ; without ])rejudice to the appointment of a dejjuty clerk ibr the ]iurj)t)se of a second court on the division of the court of quarter sessions lor judicial business. [See sub-s. 11 (<{•).] (5.) The council shall ))ay to the clerk of the peace in respect of his services as clerk of the peace and as clerk of the county 768 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] council, such salary as may be from time to time fixed under the enactments relating thereto, and all fees and costs payable to the clerk of the peace which are not excluded when the salary of the clerk of the peace is fixed shall be paid to the county fund, and for the purpose of the enactments relating to such salary and fees, the standing joint committee of the county council and the quarter sessions shall be substituted for the quarter sessions and the local authority respectively. (6.) The clerk of the peace, when acting in relation to any business of the county council, and when acting under the Acts relating to the registration of parliamentary voters, or to the deposit of plans or documents, or to jury lists, or to any registration matters, shall act under the direction of the county council, and all enactments relating to such business, registration, or deposit, shall be construed as if clerk of the county council were therein substituted for clerk of the ])eace. (11.) The clerk of the peace for the county of London shall be a separate officer from the clerk of the county council for the administrative county of London, and («) the clerk of the peace shall, subject to the directions of the quarter sessions, have charge of and be responsible for the records and documents of those sessions and of the Justices out of session, and the clerk of the county council shall, subject to the directions of the council, have charge of and be responsible for all other documents of the county ; and (J)) the council may from time to time appoint a deputy clerk of the council, and the foregoing provisions of this section with respect to the deputy clerk shall apply ; and (c) the council shall pay to the clerk of the council such salary as may be from time to time fixed by them. (12.) The county council shall cause their clerk or other officer from time to time to send to a ^Secretary of State or the Local Government Board such returns and information as may from time to time be required by either House of Parliament. (13.) Provided always, that no paid clerk or other paid official in the permanent employment of a county council who is required to devote his whole time to such employment shall be eligible to serve in Parliament. [Part omitted {special provisions as to counties other than London).'] Appointment 84. (1.) — The salaried clerk of every petty sessional division j^ ^^® , shall be from time to time ap{)ointed, and removed, as heretofore. clerks and \_See the Justices Clerhs Act 1877, s. 5.] clerks of (2.) The county council shall pay to the salaried clerks of petty sessional divisions such salaries as maybe fixed under the enact- ments relating to those clerks, and all fees and costs payable to such clerks which are not excluded in the fixing of their salaries shall be jjaid into the county fund, and in the enactments relating to such salaries and fees the standing joint committee shall be substituted for the quarter sessions Justices and the local authority respectively. committees. [51 & 52 Vict.] Local Government Act 1888. [Chap. 41.] 769 Regulations for Bicycles, etc. 85. — (1.) Tlie provisions of section twftity-six, snb-sectioii five, Rcf^ulatioas of thf Highways and Locomotives (Aiuetulineiit) Act, \><~H, and f''''^J'^'>'^'^*' section twenty-three, sub-section one, of the Municipal (Jorporations Act, 1>^S2, in 80 far as it gives power to the council to make bye- laws regulating the use of carriages iicrein referred to, and all other provisions of any public or private Acts, in so far as they give power to any lo^al authority to make byelaws for regulating the nse of bicycles, tricycles, velocipedes, and other similar machines, are hereby repealed, and bicycles, tricycles, velocipedes, and other .similar macthines are hereby declared to be carriages within the meaning of the Highway Acts ; and the following additional regu- lations shall be observed by any person or })ersons riding or being .upon such carriage : — (fi.') l')uring tlie period between one hour after sunset and one hour before sunrise, every person riding or being u])on such carriage shall carry attached to the carriage a lam]), which sliall be so constructed and placed as to exhibit a light in the direction in which he is ])roceeding, and so lighted and kept lighted, as to aiford adeijuate means of signalling tlie ap])roach or position of the carriage ; ip.) Upon overtaking any cart or carriage, or any horse, mule, or other beast of burden, or any foot passenger, being on or ])rocecding along the carriage way, every such ]terson shall within a reasonable distance from and before ]jassing such cart or carriage, horse, mule, or other ])east of burden, or such foot passenger, by sounding a bell or whistle, or otherwise, give audible and sufficient warning of the approach of the carriage. •(■2.) Any person summarily convicted of offending against the regulations made l)y this section, shall for each and every such offence, forfeit and j)ay any sum not exceeding forty shillings. Adaptation of Acts. 86. For the j)urpose of adapting the Acts relating to ])aui)er Adaptation lunatic asvlums to the provisions of this Act, the following provisions °/.!i?"f^l';., shall have ettect : — • • • • • • (5.) Any asylum jirovided in whole or in ])art at the cost of a county shall for the purposes of this Act be included in the expression " county lunatic asylum." • ••••• l^Parts omitted (a,s to the adaptation of the Lunatic Asylum Acts lo the procisionfi of this Act) rep. by the Lunacy Act ls90, .n-. 342.] 87. — (1.) Where the Local Government Board are authorised by Application this Act to make any imiuirv, to determine anv difference, to make '^H'™"!;'.?"^ or confirm any order, to frame any scheme, or to give any consent, vict. c. 5'. sanction, or approval to any matter, or otherwise to act under this as to local. Act, thev mav cause to be made a local imiuirv, and in that case, »'»q"|r|es and and also in a case where they are retjuired by this Act to cause to orders, be made a local impiiry, sections two hundred and ninety-three to two hundred and ninety-six,* both inclusive, of the Public Health Act, l;?i7o, shall aiiply as if they were herein re-enacted, and in -terms made applicable to this Act. • See 54 &, 55 Vict. c. 76, 1st schedule. 49 :u [Chap. 41.] Local Goveniment Act 1888. [51 & 52 Vict .J Adaptation of Act to metropolis. (2.) Sections two hnudred and ninety-seven and two hundred and ninety-eight* of the Public Health Act, 1875 (which relate to the making of provisional orders by the Local Government Board)^ shall apply for the purposes of this Act as if they were herein re-enacted, and in terms made applicable thereto. (3.) Provided that, where a provisional order transfers to county councils generally any powers, duties, or liabilities of Her Majesty's Privy Council, a Secretary of State, the Local Government Board,, or other Government department, it shall not be necessary to hold a local inquiry nor to advertise in any local newspaper. (4.) Where any matter is authorised or required by this Act to be prescribed, and no other provision is made declaring how the same is to be prescribed, the same shall be prescribed from time to time by the Local Government Board. (5.) Where the Board cause any local inquiry to be held under this Act, the costs incurred in relation to such inquiry, including' the salary of any inspector or officer of the Board engaged in such in(|uiry, not exceeding three guineas a day, shall be paid by the councils and other authorities concerned in such inquiry, or by such of them and in such proportions as the Board may direct, and the Board mav certifv the amount of the costs incurred, and anv sum so certified and directed by the Board to be paid by any council or authority shall Ije a debt to the Crown from such council or authority. 88. In the administrative county of London the following ])rovisions shall have effect : («.) The county council may from time to time appoint any fit person to be deputy chairman, and to hold office during the term of office of the cliairman, and may pay to such deputy chairman such remuneration as the county council may from time to time think tit ; {b.) Subject to any rules from time to time made by the county council, anything authorised or required to be done by, to^ or before the chairman, may be done by, to, or before such deputy chairman. Adjustment of law as regards courts, juries, sittings, and legal proceed- ings in Middlesex and London. 4 & 5 Will. 4, c. 36. 6 Geo. 4. c. 50. [Part omitted {applying s. 191 of the Public Health Act 1875 to the Metropolis and as to medical ojficer of health) rep. 54 k 55 Vict, c. 76, s. 142.] 89. — (1.) The Centra] Criminal Court Act, 1834, shall be con- strued as if the county of London were throughout mentioned therein as well as the county of Middlesex. (2.) The County Juries Act, 1825, and the Acts amending the same, shall apply to the county of London in like manner as they apply to the county of Middlesex, and persons shall be qualified to serve as jurors, and lists of jurors shall be made out in like manner, so nearly as circumstances admit, as in that county ; and the present exemption of inhabitants of the liberty and city of West- minster from serving on juries at quarter sessions for the county of Middlesex shall cease ; but nothing in this section shall alter the qualification of persons to serve as jurors within the city of London. (3.) Subject to rules of court made by the authority having power to make rules for the Supreme Court of Judicature, the county of London and the countv of Middlesex shall be deemed to be one V * See Appendix. [51 &52 Vict.] Local Govemmfiid Art 1888. [Chap. 41.J 771 county for the purpose of all legal proceedings, civil or criminal, iu the Supreme Court or ("entral Criminal Conrt, or any other court except the court of <|uarter sessions, and also for the purpose of the sittings of the Supreme (!ourt, Central ( 'riminal Court, or such other court as aforesaid, or of any judge of any of such courts, and also for the i)ur];)ose of any jury, and of any court of assize, oyer and terminer, and gaol delivery ; and all enactments, rules, orders, and documents referring to IMiddlcsex sliall he construed so as to give efiV'ct to this section ; and rules of court may he from time to time made for the ])urpose of carrying this section into effect, and for regulating the issue of precepts to the sheriffs of the counties of London and jMiddlesex for the return of jurors, and tlie jurors so returned shall have the same ])owcrs, duties, and lial)ilities as if the two counties were one county. 90. [/// the adjastment between the counties of Surrey and Middle- sex and London^ the annual sums jjat/able hj Surrey and Middlesex in respect of certain hridye.s in pursuance of the Metropolis loll liridqes Act 1S77 were to he deemed liabilities and to he considered Upon such adjustment. Spt'ntJ] 91. The Acts relating to the general and local militia of the rest Adjustment of England and Wales shall applv to tlie whole of the countv of ?;" ff e^rds the o. 11 iii 1 -'lUitia Acts. London m like manner as they apply to any county at large ; and accordingly Her Majesty shall from time to time a])])oint a lieutenant of the county of London, provided that nothing in this section shall affect section fifty of the Militia Act, 1882. 45&4t3 Vict. ^ ' c. 49. Savifiys. 92.— CI.) Nothing in this Act, nor anything done in pursuance of 'having for this Act, shall alter the limits of any parliamentary borough or parUa. parliamentary county, or the right of any person to be registered as mentary a voter at any parliamentary election. elections. (2.) AVhere ])y virtue of the provisions of this Act with respect to the county of London ... a })lace situate in a ])arliamentary county becomes i)art of the county of a council other than the council having authority over the largest part of the parliamentary county, that is to say, the part which contains the largest number of occu- pation voters, then, for the ])urpose of making out and revising the lists of voters, of conducting any ])arlia!neutary eh'ction, of jKjlling districts, and assigning polling ])Iact's, and for all |»urposes of and incidental to such matters, including the payment of expenses, such place shall be deemed to be ]>art of the same county as the said largest j)art of the said parliamentary county, and the sheriff, council, clerk of the peace,* authorities, and officers of that county shall have authority accordingly in the said place, and the provisions of the Registration Act, 18^5, with respect to parliamentary counties -i^^^fc 4it Vi.t. extending into more county ({uarter sessional areas than one, sliall api)ly with tlie necessary modifii'ations. (3.) Provided that the clerk of the peace * who receives from the revising barrister the lists of voters in any such place shall supply to any other clerk of the jieace * or other officer such number of revised lists as he may require for the j)urpose of making up a register of county electors. {_Part omitted (as to certain urban sanitary districts) not applicable to London."] * See the County Electors Act 1888, s. 14. (^See Appendix.) 112 [Chap. 41.] Loca'i Goveniment Act 1888. [51 & 52 Vict.] Saving for Metropolitan and City Police. 49 & 50 Vict. c. 38. Saving for Metropolitan Common Poor Fund. Saving as to Middlesex, Surrey, and Kent. Saving for Middlesex Land Registry. Saving as to liability for main roads. Saving for powers of Commis- sioners of In- land Pvevenue and Customs. Definition of '• written." 93. — (1.) Nothing in this Act shall alter the metropolitan yjolice district, nor (save as is expressly provided with respect to contributions in substitution for local grants) affect the Metropolitan Police Force, or the raising of money for the same, and nothing in this Act shall affect the police of the city of London. (2.) Nothing in this Act shall authorise any county council to raise any sum for the purposes of any police force by any contri- bution or rate levied within the metroj)olitan police district ; and nothing in this Act shall alter the authority under the Riot (Damages) Act, 1886, within the metropolitan jjolice district or the city of London. 94. The grant made by the County Council of London in respect of indoor paupers shall be in addition to any payment made out of the Metropolitan Common Poor Fund, and nothing in this Act shall affect the enactments relating to the fund. \_See s. 43, and 30 & 31 Vict. c. 6, ss. 66 and 72.] 95. — (1.) Any enactment providing that any magistrate, com- missioner, or other officer shall be a Justice of the Peace for Middlesex, shall be construed to refer to the county of London as well as the county of Middlesex. (2.) Where any enactment, deed, instrument, or document refers to the county of Middlesex, Surrey, or Kent, such enactment, deed, instrument, or document shall be construed to apply to the same area to which it would have applied if this Act had not jmssed, except where such application is inconsistent with this Act, or where the object of such enactment, deed, instrument, or document requires that it shall be construed to apply to the county of London. 96. Nothing in this Act shall alter the area to which the enact- ments relating to the registration of land in the county of Middlesex apply, and any reference in those enactments or in any deed, instrument, or document made or issued under or" for the purpose of those enactments, to the county of Middlesex, shall be construed to apply to the same area to which it would have applied if this Act had not passed. 97. Nothing in this Act with respect to main roads shall alter the liability of any j^erson or body of persons, corporate or unin- corporate, not being a highway autliority, to maintain and repair any road or part of a road. 98. Notwithstanding anything in the foregoing sections of this Act, the Commissioners of Inland Revenue and the Commissioners of Customs, and the officers of those Commissioners respectively, shall have the same powers in relation to any articles subject to any duty of customs or excise, manufactured, imported, kept for sale, or sold, and any premises where the same may be, and to any machinery, apparatus, vessels, utensils, or conveyances used in connexion there- with or the removal thereof, and in relation to the person manu- facturing, importing, keeping for sale, or having the custody of the same, as they would have had if this Act had not passed, and any licences transferred in pursuance of this Act had continued to be granted by the Commissioners of Inland Revenue. Definitions. 99. All notices and documents required by this Act to be in writing may be in writing or print, or partly in writing and partly [51 & o2 Vict.] Local Government Act 1888. [Chap. 41.] 773 in i)ririt, and for the pnrposps of this section " print " includes any mechanical mode of reproduction. [_See ai.so tin- Interpretation Art 1889, .s. 20.] 100. In this Act, if not inconsistent with the context, tlie Interpreta- following terms have the meanings herein-after respectively |.g^^jj ^^.^^^^ assigned to them ; that is to say : in the Act. The expression "county '" d(j(;s not include a county oi' a city or county of a town : The expression " entire county " means, in the case of a county divided into administrative counties, the whole of the county formed by those administrative counties : The expression '* division of a county," in the provisions ol' this Act resj)ecting the property of quarter sessions, includes any hundred, lathe, wa])entake, or other like division : The expression "administrative county," means the area for which a county council is elected in pursuance of this Act, but does not (except where expressly mentioned) include a county borough : The expression " metro]iolis " means the city of London and the parishes and places mentioned in Schetlules A., B., and < '. to the Metropolis Management Act, 1855, as amended byi8&i9Vict. subse({uent Acts : ^* \_T/ie e.r/jres.v'on '•^ horancili'''' means an;/ plare for the time heini/ subject to the Muniripal (Corporations Act, 1882, and tiny reference to the mayor, aldermen, and burgesses of a borough shall include a reference to the mayor, aldermen, and citizens of a city : The expression " quarter sessions borough " meana a borough hacing a separate court of (piarter ses.sions and includes a county of a city and a county of a town, subject to the Municipal Corporations Act, 1882 :] The expression " quarter sessions " as respects any county, riding, division, or liberty, means the Justices in quarter or general sessions assembled, and includes Justices assembled in gaol sessions, annual general sessions, and adjourned sessions, «//^/ «* respects any borough, mean.s any court oj (piarter or general sessions held for the borough or for any county of a city or toicn consisting of the borough, whether held by the recorder or by Justices, and as respects the city of London, means the court of the mayor and aldermen in the inner chamber : The exjjression " parish " means a place for which a separate overseer is or can be a]»pt>inted, and where part of a parish is situate within, and ]»art of it without, any county, borough, nrbiin sanitary district, or other urea, means each such part : The expressions " jiarliamentary county," and " j)arliameutary election," and " ])arliainentary voters," have the same meaning as in the Kegistration Act, 1x8."^ and the Acts^'j. therein referred to : The expression " Secretary of State " means one of Her Majesty's principal Secretaries of State : The expression "Treasury" means the Commissioners of Her Majesty's Treasury : The expression -Bank of England" means the Governor and Company of the Bank of England : 4 &; 5 W. i c. 76. c 774 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] The expression " existing " means existing at the time specified in the enactment in which the expression is used, and if no such time is expressed, tlien at the day appointed to be for the purpose of such enactment the appointed day : The expression " guardians " means guardians elected under the Poor Law Amendment Act, 1834, and the Acts amending the same, and includes guardians or other bodies of persons per- forming under any local Act the like functions to guardians under the Poor Law Amendment Act, 1834 : The expression " poor law union " means any parish or union of parishes for which there is a separate board of guardians : The ^expressions ''district council" and " county district " mean respectively any district council established for purposes of local government under an Act of any future session of Parliament, and the district under the management of such council, and until such council is established, mean respec- tively — {a.) as regards the provisions of this Act relating to highways and main roads, a highway authority and highway area ; and (^.) save as aforesaid, an urban or rural sanitary authority 38 & 39 Vict. within the meanino: of the Public Health Act, 1875, and the district of such authority : The expression " highway area,'' means, as the case may require, an urban sanitary district, a highway district, or a highway parish not included within any highway or urban sanitary district : The expression " highway authority" means, as respects an urban sanitary district, the urban sanitary authority, and as respects a highway district, the highway board, or authority having the powers of a highway board, and as respects a highway parish, the surveyor or surveyors of highways or other officers performing similar duties : The expression " urban authority " means, until the establishment of district councils as aforesaid, an urban sanitary authority ; and after their establishment, the district council of an urban county district : \_The expression '-'■ rural authority'''' means, nntil the establishment of district councils as aforesaid, a rural sanitary authority ; and, after their establishment, the district council of a rural county district ;] The expression " person " includes any body of persons, whether corporate or unincorporate : \Jiee also the Inter^jretation Act 1889, s. 19.] Any expression referring to the value of any parish, borough, or area as ascertained by the standard or basis for the county rate or contributions shall, where any rateable value has been fixed by agreement between the councils of any county and county boroughs be that value, and subject thereto shall, in the case of any parish, borough, or area for which there is no such standard or basis, refer to the total rateable value as determined by the last valuation lists, or if there is no valuation list, by the last poor rates for such parish or the parishes comprised in such borough or area ; and where an area is authorised or directed by this Act to be assessed to any contributions or rates, the same shall, unless otherwise ,[51 & 52 Vict.] Local Govemmenf Art 1888. [Chai'. 41.] provided by law, be assessed according to the staridard or basis for the county rate : The expression "})roperty" includes all propfrty, real and per- sonal, and all estates, interests, easements, and rij. Spent.'] (11.) The persons who at the appointed day are salaried clerks for the petty sessional divisions, wholly or in part in the county of London shall, if appointed before the passing of this Act, be as to so much of such divisions as are in the county of London, the first salaried clerks of the petty sessional divisions of the county of London, and as to so much of such divisions as are not in the county of London, such persons shall also be the first salaried clerks of the petty sessional divisions of the counties in which such parts are situate. (12.) In the case of any of the following persons who, by virtue of this Act, become Clerk of the Peace for the county of London or salaried clerks of petty sessional divisions for the county of London, . . . their services as such clerks after the appointed day in the county of London, . . , shall be deemed to be a continuous service with their service as clerks of the peace and clerks of petty sessional divisions in the counties of Middlesex, Surrey, and Kent respec- tively. . . . \_P arts. omitted relate speciallij to the existing clerks of the peace for Surrey, Sussex, and Suffolk!] (13.) All persons who at the appointed day hold ofiice as county treasurer, . . . county solicitor, or county surveyor, or are officers (whether inspectors of weights and measures, ... or other) of the quarter sessions or Justices of the county, or of the assessment sessions in the metropolis, or any committee of such Justices or any committee of visitors for lunatic asylums, or are servants under such sessions or Justices and perform any duties in respect of the business transferred by or in pursuance of this Act to the county council, shall become the officers and servants of the county council. [Paj'ts omitted {as to county auditor, public analysts, inspectors of 'petroleum and explosi):es) not applicable to London.] (14.) All persons who at the appointed day are officers and servants of the Metropolitan Board of Works shall become the officers and servants of the London County Council. (15.) — (16.) \_As to police. Xot aprplicable to London. See s. 93.] As to officers 119.— (1.) The officers and servants of the quarter sessions or transferred o;eneral assessment sessions, or Justices, or any committee of such councils.' sessions or Justices, or of any committee of visitors for lunatic asylums, or of the Metropolitan Board of AVorks, or other authority, who held office at the passing of this Act, and who by virtue of this Act become officers and serv'ants of a county council (in this Act referred to as existing officers), shall hold their offices by the same tenure and upon the same terms and conditions as if this Act had not passed, and while performing the same duties, shall receive not less salaries or remuneration, and be entitled to not less pensions (if any), than they would have if this Act had not passed, and where any such officer can only be removed with the consent of a Secretary of State or the Local Government Board, such consent shall be part of the tenure of his office. (2.) The county council may distribute the business to be per- formed by existing officers in such manner as the council may think just, and every existing officer shall perform such duties in relation to that business as may be directed by the council. (3.) The county council may abolish the office of any existing [5J & 52 Vict.] Local Government Act 1^88. [Chap. 41.] 779 officer whose office they may deem unnecessary, ViTif such officer shall be entitled to compensation under this Act. (4.) \_Ah to police. Not applirahb' to Lorulon. See a. 93.] 120. — (1.) Every existing officer declared l>y this Act to he Compensation entitled to compensation, and every other existing officer, whether to existing before mentioned in this Act or not, who by virtue of this Act, or ^ ^^^' anything done in pursuance of or in conserjuence of this Act, snffVrs any direct j)ecuniary loss by abolition of office or by diminution or loss of fees or salary, shall be entitled to have compensation paid to him for snch pecuniary loss by the county council, to whom the powers of the authority, whose officer he was, are transferred under this Act, regard being had to the conditions on which his apj)oint- ment was made, to the nature of his office or em])loyment. to the duration of his service, to any additional emoluments which he acquires by virtue of this Act or of anything done in pursuance of or in consequence of this Act, and to the emoluments which he might have ac(|uired if he had not refused to accej)t any office offered by any council or other body acting under this Act, and to all the other circumstances of the case, and the compensation shall not exceed the amount which, under the Acts and rules relating to Her Majesty's Civil IService, is paid to a person on abolition of office. (2.) Every person who is entitled to compensation, as above mentioned, shall deliver to the county council a claim under his hand setting forth the whole amount received and exj)ended by him or his predecessors in office, in every year during the j)eriod of five years next before the passing of this Act, on account of the emolu- ments for which he claims compensation, distinguishing the offices in respect of which the same have been received, and accompanied bv a statutorv declaration under the Statutorv Declaration Act, 5x0 Will. 4. 1835, that the same is a true statement according to the best of his ^- *^2. knowledge, information, and belief. (3.) Such statement shall be submitted to the county council, who shall forthwith take the same into consideration, and assess the just amount of compensation (if any), and shall forthwith inform the claimant of their decision. (4.) If a claimant is aggrieved by the refusal of the county council to grant any comj)ensation, or by the amount of com- pensation assessed, or if not less than one third of the members •of such council subscribe a protest against the amount of the com- pensation as being excessive, the claimant or any subscriber to such protest (as the case may l)e) may, within three months after the decision of the council, apjteal to the Treasury, who shall ennsider the case ami determine whetiier any coni])ensation, and if so, what .a,mount ought to be granted to tin* claimant, and such determination shall be final. (5.) Any claimant under this section, if so re(|uiied by any member of the county council, shall attend at a meeting of the ■council and answer u]»on oath, which any .lustice present may administer, all questions asked by any member of the council touching the matters set forth in his claim, and shall further produce all books, pa])ers, and documents in his possession c»r •imder his control relatiui; to such claiui. (6.) The sum payable as compensation to any j)ersou in pursuance of this section shall commence to be payable at the date fixed by 780 [Chap. 41.] Local Goceniment Act 1888. [51 & 52 Yict.^ the council on granting the compensation, or, in case of appeal, by the Treasury, and shall be a specialty debt due to him from the county council, and may be enforced accordingly in like manner a& if the council had entered into a bond to pay the same. (7.) If a person receiving compensation in pursuance of this section is appointed to any office under the same or any other county council, or by virtue of this Act, or anything done in pursuance of or in con- sequence of this Act, receives any increase of emoluments of the office held by him, he shall not. while receiving the emoluments of that office, receive any greater amount of his compensation, if any, than, with the emoluments of the said office, is equal to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds such office. (8.) All expenses incurred by a county council in pursuance of this section shall be paid out of the county fund, as a payment for general county purposes. 121. \_Tempo)'ary procision as to grant from the Exchequer for the year ending 31.5/' March 1889. Spent.'] Sacings. Saving for existing 122. — (1.) Nothing in this Act shall prejudicially affect any securities granted before the passing of this Act on the credit of disSgeof^^^y rate or of any property by this Act transferred to a county debts. council : and all such securities, as well as all unsecured debts, liabilities, and obligations incurred bv anv authoritv in the exercise of any powers or in relation to any property transferred from them to the county council under this Act shall be discharged, jmid, and satisfied by such council. (2.) "Where for the purpose of satisfying any such security or any debt or liability, it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for the provisions of this Act, such rate may continue to be levied and j)Ower to be exercised either by the authority who otherwise would have levied or exercised the same or by the county council as the case may require. (3.) It shall be the duty of every authority whose powers, duties,, and liabilities are transferred to any council by this Act to liquidate so far as practicable before the appointed day all current debts and. liabilities incurred by such authority. 123. All such byelaws, orders, and regulations of the Privr Council, Secretary 'of State, Board of Trade, Local Government Board, or Government department, or of any quarter sessions, council of a borough, the Metropolitan Board of Works, or other authority, whose j)Owers and duties are transferred by or in pur- suance of this Act to any county council, as are in force at the time of the transfer, shall, so' far as they relate to or are in pursuance of the powers and duties transferred, continue in force as if they had been made by such council, subject, nevertheless, to revocation or alteration by such council in the manner in which byelaws can be made by such council, and also to any exceptions or modifications which may be made at the time of the transfer. Saving for existing bvelaws. [51 & 52 Vict.] Local Government Act 1888. [Chap. 41.] 781 124.— (1.) If at the date of the transfer ill this section mentioned having for any action or ymxiet'djng, or any cause of action or proceeding, is a^"ioI^f con- pending or existing by or against any authority in relation to any tracts, et*.-. pow(M-s, duti(!S, lial)ilities, or property by this Act transferred to the <'ounty council, the same shall not be in anywise prejudicially alfected by reason of the passing of this Act, but may ]>e continued, prosecuted, and enforced by or against such council as successors of the said authority in like manner as if this Act had not been passed. (2.) All contracts, deeds, bomls, agreements, and other instru- ments entered into or made andsul)sisting at the time of the transfer in this section mentioned, and atfecting any such powers, duties, liabilities, or ])roperty of any authority as are by this Act trans- ferred to a county council, shall bo of as full force and effect atrainst or in favour of the council, and mav be enforced as fuUv and effectually, as if, instead of the authority, the said council liad been a party thereto. (3.) AH contracts or agreements which prior to the ajipointed day have been made by the clerk of tlie ])eace or any Justice or Justices or otherwise on behalf of a county, or any division or part of a county, shall have effect as if the council of that county liad been named therein instead of the clerk of the peace or such Justice or Justices, and may be enforced by or against the county ■council accordingly. (4.) This section shall ap})ly in the case of a committee of any authority in like manner as if the committee were such authority, and the committee of a county council were that council, and as if contracts and agreements l)y any such committee appointed by quarter sessions were contracts and agreements on behalf of a •county. 125. Save so far as may be necessary to give effect to this Act ^saving for or any scheme or order or other thing made or done thereunder J^^caVActs nothing in this Act shall prejudicially alter or affect the powers, etc. rights, privileges, or immunities of any municipal corporation, or the operation of any municipal charter, local Act of Parliament, or order confirmed by Parliament, which immediately before the passing of this Act was in force. Repeals. 126. All enactments inconsistent with this Act are hereby Kepal of repealed; Provided that — (1.) Any enactment or document referring to any Act or enact- ment hereby repealed shall be construed to refer to this Act, or to the corresponding enactment in this Act : (2.) This repeal sluill not affect — (a.) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enaitment hereby repealed ; or {b.) Any right, privilege, obligation, or liability ac([uired, accrued, or incurred under or in accordance with any enactment hereby repealed : or {c.) Any penalty, forfeiturt', or punishment incurred in resj)ect of auA' offence committed ajjainst anv enactment herebv repealed ; or Acts. 782 [Chap. 41.] Local Government Act 1888. [51 & 52 Vict.] Section 20. Section 71. {(l.) Any power, investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid ; and any such power, investigation, legal proceeding, and remedy may be exercised and carried on as if this Act had not passed. SCHEDULES. FIRST SCHEDULE. Local Taxation Licences. Licences for the sale of intoxicating liquor for consumption on the premises ; Retailers of spirits (publicans). Retailers of spirits, occasional Retailers of cider. licences. Retailers of wine. Retailers of beer. Retailers of wine, occa- Retailers of beer, occasional sional licences. licences. Retailers of sweets. Retailers of beer and wine. Licences for the sale of intoxicating liquor by retail, by persons not licensed to deal therein, for consumption off the premises ; Retailers of beer. Retailers of wine. Retailers of beer and wine. Retailers of sweets. Retailers of cider. Retailers of table beer. Licences to deal in game. Licences for — Beer dealers. Spirit dealers. Sweets dealers. Wine dealers. Refreshment house keepers. Dogs. Killing game. Guns. Appraisers. Auctioneers. Tobacco dealers. Carriages. Trade carts. Locomotives. Horses and mules. Horse dealers. Armorial bearings. Male servants. Hawkers. House agents. Pawnbrokers. Plate dealers. SECOND SCHEDULE. Alteration of Schedule to District Au(lifor.<^ Act, 1879. (42 & 43 Vict. c. 6.) The following scale shall, until otherwise determined by Parliament, be substituted for so much of the scale set forth in the First Schedule to the District Auditors Act, 1879, as relates to expenditure amounting to 100,000/. and upwards. Where the Total of the Expenditure comprised in the Financial Statement is The Sum shall be 100,000Z. and under 150,000Z 150,000/. and under 200,000/ 200,00U/. and upwards 50/. 60/. 15/. in addition for every 50,000/. or part thereof. Third Schedule. [List of county boroughs referred to in ss. 31, 34, 35, 36, and 69. Not a^jplicable to London!] [51 & o2 Vict.] /, , ..-. j,io^^ LChap. cli.J /83 •- ' yAiatnaiaviit) Act iss>>. •- -■ CHAPTER XXXll. An Act to confirm a Provisional Ohi)p:u madk uy onk of Hek Majesty's Principal Skckktauies of State fou modifying THE Metropolis (Whiteciiapel and Limehouse) Improve- ment Scheme, 1876. \txfh .hnie 1888.] [Preamble.'] 1. The Order set out in the Schedule hereunto annexed is hereby (^rAftr in COnhrmcd. confirmed. 2. This Act may be cited as the ^Metropolis (Whitochapel and short title. Limehouse) Provisional Order Confirmation Act, 1>>Sn. SCHEDULE. METROPOLIS (WniTFXiLA.VKi. AND Limkhousk) Improvemkxt Scukme CitNFIRMATION AcT, 1870. [Pmvis/oiKil Order of the Iloine SecreUiry of the 2'dr(l Fehntarif ISSS jjerniittiutj the Metropolititn Hoard of Works, being the local authoriti/ with respect to the Scheme anthorixi'd h>/ 30 a/id 40 Virt. c. re, to iiiodifij the xaiil Scheiur by j/unhusbiff by agreement the pnblir lioiixr knoivn as " the Croicn,'' ond authorisiiif/ the addition of the land .10 acquired t'> the improvement area to which the soul Scheme relates. Spent. 1 CHAPTER CLI. An Act to amend the Hampstead Heath Enlargement Act 1886. [T/// Au(/>/st 1N8N.] [Preamble recites {inter alia) 50 I'icf. c. xli. {in tJiis Act referred to as " the principal Act ") ; and that the Vestries of Hampstead^ St. Pancras, and St. Marylebone hare resolved to contribute £20,00U, £30,000, aiul £5,000 respectii-eh/ towards the expense of ac(jiiirin(j the Parliament Hill Estates ; and that the Charity Commissioners are prepared to exercise the powers given them by the principal Act ; and that the owners of the lands referred to in such Act as the " Parliament Hill Estates " have offered to sell for the purposes of the principal Act all the land originally intended to be acquired for those purposes with the exception of certain small pieces of land /or tchich other pieces of land of about equal area are intended to be substituted ; ajid that the Parliament Hill Estates were intended to be indicated on the plan signed by Leonard Henry Courtney, the Chairman of the (^ommittee if the House of Commons to which the Pill for the jjrincipal Act was referred, by the colour green, but that the said colour was extended to cover certain land not intended to be included.'] 1. This Act may be cited as the Ilamjjstead Heath Enlarirement Short title. (Amendment) Act 1888 and the jtrinci^ial Act as amended by this Act to be Act and this Act shall be read and have elK'ct togcthtT as one Act "^^^ '^'^^^ and may be cited together as the Hamjjstead Heath Enlargement Act"^'^* Acts 1886 and 1888. „ ' ,. 2. Section 2 of the ])rincipal Act so far as it defines the expression definition of " the Parliament Hill Estates " is hereby repealed. Parliament „ , . ' • , . 11-4 1 llill Estates. 3. In and for the purposes of the ])rinci])al Act and this Act the j-j.^^ of expression '' the Parliament Hill Estates'' means the lands partly parliament in the parish of Saint Joiin Hampstead and partly in the parish of Hill Estates. 784 Proceedings not to be invalid. [Chap, clvi.] Metropolitan Board of Works {Various Powers) Act 1888. [51 & 52 Vict]. Saint Pancras in the connty of Middlesex* commonly known as Par- liament Hill Parliament Fields the Elms Estate and the East Park Estate comprising together about two hundred and sixtj'-one acres as the same are defined upon a plan signed by Leonard Henry Courtney the Chairman of the Committee of the House of Commons to whom the Bill for this Act was referred copies of which plan (headed with the title of this Act) have been deposited in the Parliament Office of the House of Lords and the Private Bill Office in the House of Commons. 4. \^Ss. 4, 5, and 9 of the principal Act to he read as if the words " or any part or parts thereof" had been inserted therein after the word " estates " wherever occurring therein. SpentI] 5. All acts done proceedings taken and resolutions passed in pur- suance of the provisions of the principal Act prior to the passing of this Act shall be as valid binding and of as good effect as if they had been done taken or passed after the passing hereof. 6. \_Expenses of obtaining Act. Spent.'] CHAPTER CLVI. An Act to confer Powers on the Metropolitan Board of Works with respect to the Improvement of Streets AND Bridges the providing and extending of Recreation Grounds and for other Purposes, \jth August 1888.] [fPreamhle recites (inter alia) that it is expedient that the Metro- j)olitan Board of Works f {in this Act referred to as the Board) shoidd be authorised, to make certain tvorks, and also recites the deposit tvith the Clerks of the Peace for Middlesex, Kent, and Surrey, of plans and sections showing tlie proposed works and kinds to be taken, and a book of reference.'] PART I. Preliminary. Short title. 1. This Act may be cited as the Metropolitan Board of Works (Various Powers) Act 1888. Interpreta- 2. In this Act the following words and expressions have the tion of terms, ggygj-a^} meanings hereby assigned to them unless there be some- thing in the subject or context repugnant to such construction (that is to say) : — " The street improvement " means the widening of Church Street authorised by this Act ; " The bridge improvements " means the construction or improve- ment as the case may be of the Culvert Road Bridge and the bridge over Latchmere Road as authorised by this Act ; " Street and bridge improvements " means the street improve- ment and the bridge improvements ; " The Lands Clauses Acts " means the Lands Clauses Consolida- tion Acts 1845 1860 and 1869 (except section 133 of the Lands Clauses (Jonsolidation Act 1845) as amended by the Lands Clauses (Umpire) Act 1883 ; * Now the county of London. See 51 & 52 Vict, c 41, s. 40 (2). f Now the London County Council. See 51 & 52 Vict. c. 41, s. 40 (8). [ni & 52 Vict.] ^j'^f^roHtan Board of \nrks .^ ^ . L -J {\ anoKH J^ouwrs) Act \>6bH. L'-^nAi . civi.j too "The Mctroi)oIis I\riina^ r. 41, .s. 2S (2). See ibid. ss.\^\ and -:-^.'\ PAHT 11. Street and Ijuiih;k Imi'iiovemknts. 6. Subject to the ]irovisions of this Act in the lines according to Power to the levids and within the limits i»l' ileviation shown on the depositcil Hoanl to ])lans and sections the Boanl mav make and carrv into execution all '"'''^,*^ certain 1 ^ *■ V works or any of the works described in this Act (that is to say) : — The Widening oi" I'mitcii Stkeet. The widening of Church Street in the parish of Fulliam in the county of IMiddlesex f : On the south side commencing at the western end of Church Street where it joins Pligh Street and terminating opposite the end of King's Boad ; and * Now the Council of the ^lotropolitan lionnigh. See (>- ^V: tl^i Vict. c. 14, s. 4. f Now the county of London. See ill i: r>2 Vict. c. 41, s. 40 (2). 786 [Chap, clvi.] For protec- tion of the London Chatham and Dover and West London Extension Railway Companies. yietropolitati Board of Works (^Various Foivers) Act 1888. [51 & 52 Vict.] On the nortli side commencino: at the western side of tlie school liouse bnildinj Road. and terminating- op})Osite the end of King's Culvert Road Bridge. A new bridge over the West London Extension and London Chatham and Dover Railways between Calvert Road and Eversleigh Road in the j)arish of St. Mary Battersea in the county of Surrey* commencing in Culvert Road on the north side of the West London Extension Railway and terminating in the said road or the continuation thereof leading into Eversleigh Road alongside and on the south side of the London Chatham and Dover Railway. Bridge over Latchmere Road. The improvement and widening of the span of the bridge which carries the West London Extension Railway over Latchmere Road in the ])arish of St. Mary Battersea about forty yards northward of the end of Knowsley Road and the widening and lowering of the roadway beneath and on both sides of the said bridge. 7. With regard to the Culvert Road Bridge over the London Chatham and Dover and West London Extension Railways by this Act authorised the following })rovisions for the protection of the London ('hatliani and Dover Railway Company and the West London Extension Railway Company shall unless otherwise agreed on between the Board and the said C'ompanies have effect viz. : — (2.) The said bridge and all works connected therewith shall be constructed by the Board (or by the said two Companies or either of them if so agreed with the Board) in accordance with the plans elevations sections and particulars agreed on or approved by arl)itration as herein-after provided and to the reasonable satisfaction of the engineers of the said Companies who shall have access to the works of the Board at all reasonable times and the said bridge and works shall (after the vesting of the same in the street authority as by this Act provided) be thenceforth maintained to the like satisfaction by the street authority. (3.) In constructing the said bridge over the said railways and lands the Board shall not acquire any ownership of or in the railway land or property of either of the two companies but the Board may for the purposes thereof purchase and acquire and the said two Companies respectively shall sell such easement or right as may be necessary for making and maintaining the said bridge and works connected therewith. (6.) During the construction of the said bridge and works the Board sliall from time to time be responsible for and make good to the two Companies respectively all costs losses damages and expenses from time to time occasioned to them or to their respective railways or to the traffic * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). PRi ^, so Ar,^„, T Mifroiiolitan Board of \\ orlta rn i -n 1 51 & o2 ViCT. /I' • /> V 1 , icwo K'hap. clvi.l tliRrcoii or to any porsoii or j)ersons usintr flic sumo or otlierwise by r(!iis(jii ot" tlie execution or i'ailnre of the works of or incidentiil to the said hridj^e or any act or omission of the Hoard or' of any innlractor or any person in the cnij)l<)y of them or him and {\u\ Hoard shall elfectually indcMunify and hold harmless the said ( 'om- panies rcspec-tively from all claims and demands npon or against them by reason of any snch exccntion ni- failure or of any snch act or omission and sifter the completion of the said bridue the street authority shall in like manner be responsible for and make ^'anies and each of them and of their respective enginei'rs in reference to the matters aforesaid shall be defrayed by the Board until the completion of the said bridge and works and the vesting thereof in the street authority and thereafter by the stret't authority. • • • • • • (11.) Any dispute or dilference which may from time to time arise between the Board or the street authority on the one hand and the two Companies or either of them on the other hand with reference to the plans elevations sections and j)articulars aforesaid or to any other matter arising out of the provisions of this section shall be referred to an engineer to be appointed on the a]>])licati(Mi of either ])arty by the Board of Trade and the decision of such arbitrator shall be tinal and conclusive and the costs of and incidental t^i "88 [Chap, civi.] Metrojjolitan Board of Works ( Various Powers) Act 1888. [51 k o2 Vict.] to sncli arbitration shall be borne and defrayed as he may direct. (12.) If and whenever either of the said two Companies desire to widen or alter their railway so as to render necessary or expedient any interference with the said bridge snch Company may on giving not less than two months notice to the Board and the street anthority widen or alter the said railway and bridge as they think proper Ijnt any alteration in the said bridge shall be made snbject to the reasonable control of the engineer of the street anthority upon snch terms and conditions as may be agreed npon between the street anthority and snch Company or may be settled by an arbitrator appointed as aforesaid. As to northern approach to Culvert Road Bridge, For protec- tion of the West London Extension Railway Company at Latchmere Road. [^Parts omitted {provisions apphjing during the construction of the bridge and as to stopping up the existing footbridge over the railioays tvhen tlie new bridge is constructed.) spent.~\ O* * ■ • • • • The said Company may at their own expense form a means of communication by steps or otherwise between tlieir railway and the northern approach of the said bridge and also between their railway and the top of the central pier of the said bridge and for that purpose may make such openings as they may consider necessary in the parapet of the said northern approach and over the said central pier in such manner as may be agreed between tlie Board and the said Company or failing agreement as may be settled by arbitration as provided in the next following section. [^Part omitted (the northern approach to Culvert Road Bridge not to be upon certain land unless otiierwise agreed between the Board and the West London Extension Railway Company) spent.^ 9. With regard to the improvement and widening of the span of the bridge carrying the West London Extension Bail way over Latchmere Road as by this Act authorised the following provisions for the protection of the West London Extension Railway Company and with reference to the construction of the said works shall unless otherwise agreed on between the Board and the said Company have effect viz. : — (2.) In carrying out the said works the Board slmll not acquire any ownership of or in the railway land or property of the West London Extension Railway Company but the Board shall have and the Company shall grant to the Board an easement or right of public way beneath the said bridge and works as altered and made under the provisions of this section and as the purchase money or consideration for such easement or right the Board' shall pay to the said Company the sum of fifty pounds sterling. (4.) The said bridge and works as altered and made under the provisions of this section and the materials used therein shall be and remain the property of the West London Extension Railway Company and shall be maintained by them as part of their railway and works but the road and rtri e -». T7- -I }fifro/)olitnii Board of \Vor/,:s r/<„.. i -n -on r51&o2ViCT.1 /K • n^ \ I , i^^< [Chai'. clvi.J /89 footways niider the same shall lie Ibrined paved metalled channelled and flagged hy and at lli(3 expense of the Board. • ••••• [Partfi omitted {ijromsiom apphjimi duriiiff the coiiatruction of the oridge) s/jentJ] 10. [J' Of the protection of the Metropolitan District linilira>i ('omp(i)ii/ n.s to landa to be arquired from the Compuni/ for wideniiKf Church tStreet, Fidhani. Spent.'] 11. [Separate account.'^ to be hept in respect of street, (md bridyc iniprorcmcnts. Superseded .51 & .52 Vict. c. 41, ,«$. 71.] 12 — 15. \As to contributions b;/ Fulham Vestn/ towards the ividenim/ of Church Street, and by the Vestrij of St. Manj, Battersea, toirnrds the expenses of constructing the Culrert I'o 'd Ih-idge and. towards the widening of the span of the bridge o>:er Latchinere Road. Sj)ent.'] 16. When the street and bridge improvements authorised by The street this Act or any one of them are made a certificate thereof shall be f,"prove-*''^ issned under the common seal of the lioard ;ind any copy of such ments to certificate certified under the hand of the clerk of the Hoard shall f-Jim a street in all proceedings and for all purposes be admissible and received ^'^P^"" '^'^'^" as evidence that such certificate has been duly )uade and so much of the said improvements as shall have been laid out for carriage- ways or footways shall form a street and may be used by the i)ublic accordingly-. The soil under the said imiirovemeiits except where an easement only shall have been ac([uired by the l^oard shall be vested in the Board. The new bridge over the "West London Extension and T/)ndon Chathaiu and Dover Ivaihvays by this Act authorised sliall when completed be vested in the street authority of the district in which it is situate and the maintenance repair paving cleansing and lighting of the said bridge and of the roadway under the Latchmere Boad Bridge when altered under the ]>rovisions of this Act and of the api)roaehes thereto respectively and of the widening of Church i!>treet shall be under the care management control and jurisdiction of the street authority of the district in whicli they are respectively situate in the same manner as other public roads and streets in their district. 17-19. [Power to the Board to stop up wags temporarilg, to raise or lower streets, and to deviate. Sjwnt^ 20. [Power to the Board to alter or appropriate streets, and to interfere with drains and sewers on providing substitutes, ichich are to be under the same management as existing drains and sewers.'] 21 — 22. [Power to the Board to alter water, gas, and other pipes, and to lag out carriageways, footwags, etc. Spent.] 23. [As to laginq of parements and resting the .^au/e when laid in and as to the maintenance thereof bg the street authority oj the district in whicft the same are situate.] 24. [Power to the Jioard to fill up sewers and drains on providing substitutes, ivhich are to be under the same management as existing sewers and drains.] 25—27. [Power to the Board to alter steps, areas, pipes, etc. — Periods for completion of street and bridge improvements limited to 4 years, and for compulsory taking of lands to 3 years. Spcnt^ 790 [Chap, clvi.] Mefropolitari Board of Works (Va/-io(is rowers) Act 1888. PART III. [51 & 52 Vict.] Power to pur- chase a piece of land north of Kcnning- ton I'ark. As to widen- ing streets at Kennington. Approaches to Duhvich I'ark. Further provisions as to laying out approaches. Open Spaces, etc. Kennington Paek. 28. The Board may purchase and acquire a piece of land situate on tlie northern side of Kennington Park partly in the parisli of St. Mary Lambeth and jiartly in the parish of St. Mary Newington in the county of Surrey * shown on the deposited plans and thereon coloured red and described in the deposited book of reference and the said ])iece of land shall thereupon vest in the Board and be added to Kennington Park and shall be considered for all purposes to form j)art of Kennington Park : And all byelaws and regulations from time to time in force with regard to Kennington Park shall apply to and be in force with regard to the said piece of land. \_See 50 & 51 Vict. c. 34.] 29. The Board shall widen South Place and Newington Terrace where they abut upon the said piece of land so that both those thoroughfares so far as they will abut upon the said piece of land shall be forty feet clear in width with proper footpaths kerbs and channelling and for that purpose shall throw into the said highways respectively as much of the said land as will be necessary for that purpose. DULWICH PaPvK. 30. The two pieces of land in the parish of Camberwell in the county of Surrey* shown on the deposited plans and thereon coloured red and described in the deposited book of reference are by virtue of this Act transferred to and vested in the Board for the purpose of enabling the Board to form ap})roaches to Dulwich Park and the said jiieces of land shall be added to Dulwich Park and shall for all purposes be considered to form part of Dulwich Park and all bvelaws and regulations from time to time in force with regard to Dulwich Park shall apj)ly to and be in force with regard to the said pieces of land. . . . \_Fa)-t omitted (as to compensation) spent r\ 31. With reference to the ajiproaches to Dulwich Park formed by the Board upon the said two pieces of land in the parish of ( -amberwell the following provisions shall be observed and have effect :■ — (1.) The Board shall plant and maintain on each side of the api)roach road to be formed by them from (^ourt Lane to Dulwich Park upon the piece of land in the parish of Camberwell coloured red on the deposited ])lans and numbered 1 thereon and in the dej)osited books of reference a belt of trees and shrubs twenty feet wide. (2.) Each side of the approach road from Dulwich Common Road to Dulwich Park to l)e formed by the Board upon the pieces of land also coloured red on the dejtosited plans and numbered 2 3 4 and 5 on the said plans and in the dei)Osited books of reference shall be laid out in a manner approved on l)ehalf of the Governors of Dulwich College by Charles Barry of Number One Westminster C'hambers Victoria Street S.W. or other person to be apijointed by them for that purpose. (3.) The Board shall not take down any of the trees standing on the said pieces of laud except such as it may be necessary * Now the county of London. See 51 & 52 Vict. c. 41, s. 40 (2). rn i' -o T7- -I Metropolitan Board of Works rn i -n »>.<-, i K)! it ;)v; ViCT.1 /ir- J, \ a\ tooo IChap. clvi. I 791 •- -• {\ arious J 'owers) Act IHS8. ^ -• i'or tlicm to remove I'or the })iiri)o.s(i of ioi'iuiiii^ tlie said approach road and the trees and shriiljs remuiiiiiij^ on tlie said ]>ieces of hind and to l)e planted there from time to time hy the Board shall be j)reserveil and renewed by the Txjard iVom time to time. (4.) Any jj^ates bars lence or railings erected by the liuard abutting on Dnhvich ( 'onimon Road shall be of a design and mat(!rials to be j)revionsly approved by the said ( 'hailrs I'arry or other jierson to be a]ipointe(| on behalf of the said (Governors, (o.) The l^oard may (dose the gates between the lane known as Snakes Lane numbered on the depositetl plans o in the parish of Camberwell and tlie enclosure on the eastern side thereoi". [See also 48 & 4l> \'/rf. c. clxvii. .ss. 48— r)(j ; ufid 4'J k r)(j I'ut. c. cxii. s.s. 35 — 37.] Lands at TjEwistiam. 32. The l>oard may ])urchase and acquire certain lands in thel'owerto ])arish of Lewisham in the county ol" Kent * shown on the deposited P^rrhase plans and thereon colourctl red and described in the deposited book /x-wisham of reference and when the IJoard shall have })nichased the same they shall vest in the Board and the Board shall hold the same and every i)art thereof as an open space and shall lay out maintain and ])reserve the same and every part thereof as an oj)en space; for the perpetual use thereof by the public for exercise and recreation and may from time to time exercise all necessary ])0wers ibr the maintenance and ])reservation of the same as an ojien space : Provided that the lioard may if they think iit enclose tlie said lands or any ]mrt thereof with a view to the better or more etiectual ^(reservation thereof for public use. [See also the S/tortlam/n and Nimhead Railwaii^ Act 1889, s. l'-*4] * Now the county of London. See 'A &. r)2 Vict. c. 41, s. 40 (2). \ Now vested in the London Chatliam & Dover llailway Company. See the London Cliatliam &. Dover Itailway (Further I'owcrs) Act iSitti, s. 4. \ S. !;• of the ShDrtlands anil Nunliead Itaihvay Act IHSSt provides as follows : — l9. (a) \_Thi' Sliortlaiuls and Aunhcad Ilailuuij Company i^hireitiaftfr called the ('oiiipanij) to divert the line of railiray hctween the points A and Ji to the extent shoiim bij the red line on the plan sit/ned in diiplii-ate hij Thomas Lord liraxsry the Chairman of the Committee of the Jlaiisc of Lords to whom the Hill for the Act leas durinij its iiassaijf through Parliament re/erred and deposited in the I'arliament Ojliee and Prieate Jiill UlHee of the Jloiise of Commons in the manner shoun on that plan. Spent.] (b) [7'/«' Comjmny to earnj the said diverted liiw of railiray over the Hirer llavens'hoierne and the jiirrtion of the existing rcereation ground between the points i' and' IJ on the said plan by means oj a bridge approved by the London County Council. Spent.] (c) \_The Company not to acquire more of the said recreation groinul than one rood and eight perches.] (D) The I'onipauy .sliall acquire the land lying westward of the embankment of the said diverted railway and between it and the existing boundary of the .^aiil recreation ground estiniateerciies and coloured pink on the signed plan in exchange for the portion nf tlie recreatit)n ground ri'ipiireil by the Conipany and estiuuited at one rood and eight perches and shall transfer and vest the said tirst -named area of land to and in the Lomlon County t'ouneil ami sucli lano>ts on the railway between tlie j)oints A and !'• so as to be visible from the recreatinn grounil but shall carry their telegrapli wires below tiie level of the upper surface of the embankment of the railway. (F) For the purpose of affording access to the recreation ground the Conipany shall (if so required bj' the London (^ounty Council at wny time Iwfore they commence the construction of the portion of the railway lying between the points \ and B) construct 792 r, , 1 . -, Metropolitan Board of Works rn i m -it -i ( Various Powers) Act 1888 Power to pur- 33. Subject to the provisions of this Act the Board may purchase chase rights ^^^^ ac(iuire any estates interests and riojhts in over or affectin": the over JiiidStit "•■ Lewisham. s^id lands at Lewisham for tlie Letter execution of this part of this Act with respect to the maintenance and preservation of the said hinds as an open si)ace and for the purpose of applying the j)ro- visions of the Lands ( Uauses Acts under this Act the term " lands " in tlie said })rovisions shall be considered to include such estates interests ancl rights and when the Board have purchased any sucli estate interest or right they may either extinguish the same or retain hold and exercise the same wholly or j)artially. Power to 34. The Board may construct and maintain a footbridge across Board to the Mid-Kent liailway * as shown on the deposited jdans for the footbridse. purpose of alfordiug communication between those ])arts of the said lands which are on either side of the said railway and the said foot- bridge when constructed shall belong to and be maintained by the Board and for the purpose of constrnctiug such bridge the Board may purchase or take an easement or right of constructing such bridge where the same i)asses over the Mid-Kent Railway* and shall not be required to purchase any part of the railway or of the soil thereof. For the pro- 35 ^Vith regard to tlie footbridge across the Mid-Kent Railwav* sTuth°eastern ^^3' '^^''^ -^"^^ authorised the following provisions for the protection Paiiway of the Soutli-eastern Railway Company (in this Act called the Company. Soutii-castern Conjpany) shall unless otherwise agreed on between the Board and the South-eastern Company have eifect viz. : — • ••••• (2.) The span of the said footbridge shall be of sufficient width for four lines of permanent way of the said railway there- under and shall be constructed at such place u|)on the lands in the said parish shown upon the deposited plans and described in the deposited books of reference as the engineer of the South-eastern Company shall determine and the said footbridge and all works connected therewith shall be of a reasonably ornamental character and sliall be at the point marked E on the signed plan a bridge of not less than forty feet in width and having a headway of not less than thirteen feet throughout the span and at the point marked H on the said plan a bridge of not less than twenty feet in width and having a headway of not less than thirteen feet throughout the span. Provided that the Company and the said County Council may agree on other means of communication between the recreation ground and Adenmore Gardens in substitution for the bridges above referred to. The wing or retaining walls of the bridge at the point marked E shall be so constructed as to leave a clear space of not less than fifteen feet between the railway works and the river Iiavensbourne. (G) The Company shall to the satisfaction of the County Council divert as shown on the plan or as nearly as maj' be thereto the Riv^er Iiavensbourne at the point of crossing and fill up the bed thereof where diverted so that it shall not interfere with communication through the said bridge between the several portions of the recreation ground. And the piece of ground which will intervene between the portion of the river so diverted and the recreation ground shall be thrown into and form j^art of the recreation ground. (h) The Company shall plant the embankment of their railway for the whole of its length adjoining the recreation ground with shrubs aud trees in an ornamental manner and to the reasonable satisfaction of the said County Council and such planting shall be from time to time maintained and renewed by and at the expense of the Company to the satisfaction of the Council. (I) The Company shall not without the consent of the Countj- Council deviate the levels of their railway between the jjoiuts A and B shown on the signed plans to a greater extent upwards than two feet nor to any extent downwards. (J) If any difference arise touching the provisions of this section the same shall be referred to an arbitrator to be appointed on the application of any of the parties by the Board of Trade. * Now amalgamated with the South-eastern Company's undertaking. See the South-eastern Railway Company's Acts 18G4 and 186G. r^^i i. <-.'> Vir^'nT Mi'troi>o}itoard shall not cause any obstruction of or interference with the railway or the tralHc thereon or the railway signals of the South-eastern Company. (0.) The Board >hall from time to time be responsible for and make good to the South-eastern Company all costs losses damages and ex})enses from time to time occasir)neil to the South-eastern (_'om])any or to their railway or to the tralHc thereon or to any person or persons using the same or otherwise by reason of the execution or failure of the works of or incidental to the said footliridge or any act or omission of the J>oard or of any contractor or any person in the employ of them or him or of any new signals or of the re-erection or alteration of signals which mav be rendered necessary by the said works and the I'oard shall ett'ectually indemnify and hold harmless the South-eastern Company from all claims and demands upon or against, them by reason of any such execution or failure and of any such act or omission. (7.) If in the construction and maintenance of the said footbridge or of anv temporarv works or bv the user thereof or bv reason of the insnlHciency or failure thereof resj)ectively or by the acts omissions or defaults of the said Jioard or of any contractor or other ])ersons employed by the said I^oard any stopjuige or interruption of the trafKc u})on the said railway shall arise the Board shall pay to the South-eastern Comi)auy the sum of thirty j)ounils for each and every hour during which such stoppage or interruption shall continue as and for li(|uidated damages and the same may be recovered by the ('ompany as any ordinary simple contract debt of the like amount. (8.) After the execution of the works by tiiis Act authorised they shall not be altered added to or reduced excejit in such manner ami on such terms as shall be agreed between the Board and the South-eastern Company or failing agreement as may be prescribed by arbitration as lierein- after provided. (9.) The reasonable costs charges and exjienses of the South- eastern Comjtany and of their enuineer in reference to the matters aforesaid shall be defrayed by the Board on request by the South-eastern Company. ol _^. rr^ 1-1 Met7^0))ohta)i Board of \\orks r-i i -o Tr ■^ 794 rCHAP, clvi. I (M '■ 73 \ ,\\ 1QQO fol e\visham rm Sr no ^t. "i Metropolitan l>o<91 of the period for completion of works autliori.^ed by 48 & 49 Vict. c. clxvii. — Incor- poration of part ii. of Hail ways Clauses Act 1803 — Power to the Hoard to take lands — Rehousiny of labouriny class persons — As to acquisition of easements — Errors and otnissions in plans — Power to the Board to enter and survey lands to be taken — As to arbitration — As to takiny part only of certain property — The Board to redeem land tax on lands taken — Power to the Board, to sell materials. Spent^ 52 — 58. \_Poiver to the Board to lease surplus lands — As to sale of yround rents and reversions thereof — Power to sell such lands without leasiny and to let or exchanye such lands — Such lands to be sold before 1st February 1941 — lieceipts of the Hoard to be ejfectual discharyes — Power to the Board to make ayreements with owners oJ property. Spent.~\ 59. [Expenses of executiny Act. Superseded ^\ «k 52 Vict. c. 41, }Hirt iv., and by the London County Council {Money) Acts 18i>9 — 19(14.] 60. [Expenses of obtaiidny Act. Spent.'\ APPENDIX. [6 & 7 Vict.] The Theatres Act 1843. [Chap. 68.] 799 APPExNUiX. 6 & 7 VICTORIA. A.D. 1843. CHAPTER 68. An Act kok keuulating Theatres.* \2'ld August 1843.] [Pj-eavible. | 1. [J^ej>eal of 3 Jac. 1, c. 21, lU (/eo. 2, c. 19 (in part), 10 Geo. 2, c. 28, and 28 (?eo. 3, c. 3U. Proviso that licences granted under tlie last recited Act shall co)itiniie in force for the times for irhich or imtil revoked hi/ the authoriti/ by which tltey were granted. Rep. 37 &, 38 Vict. c. 9G {-S.L.Ii'.).^ 2. . . . It shall not be lawful for any person to have or keep All theatres any liousf or other place of public resort in Great Britain for the fur the per- public performance of stage plays, without authority by virtue formance of of letters patent from lier ^Nlajesty, her heirs and successors, or ^^ jioensed predecessors, or without licence from the Lord Chamberlain of Her Majesty's Household for the time being, or from the Justices of the Peace t as hei-ein -after provided ; and every person who shall olFend against this enactment shall be liable to forfeit such sum as shall be awarded by the court in which or the Justices by whom he shall be convicted, not exceed- ing twenty pounds for every day on which such house or place shall have been so kept open by him for the purpose aforesaid, without legal authority. 3. . . . The authority of the Lord Chamberlain for granting licences What licences shall extend to all theatres (not being patent theatres) within the shall be parliamentary boundaries of the cities of London and Westminster, and of g'^ated by the boroughs of Finsbury and Marylebone, the Tower Hamlets, Lambeth, chamberlain and Southwark, and also within those places where her Majesty, her heirs and successors, shall, in their royal persons, occasionally reside : Pi'ovided always, that, except within the cities and boroughs aforesaid, and the boroughs of New Windsor in the county of Berks, and Brighthelm- stone in the county of Sussex, licences for theatres may be gi-anted by the Justiccst as herein-after provided, in those places in whicli Her Majesty, her heirs and successors, shall occasionally reside : but such licences shall not be in force during the residence there of Her Majesty, her heirs and successors ; and during such residence it shall not be lawful to o[)fn such theatres as last aforesaid (not being patent theatres) without the licence of the Lord (.'hamberlain. 4. . . . For every such licence granted by the Lord Chamberlain Fee for Lord a fee, not exceeding ten shillings for each calendar month during which J-'haniber- the theatre is licensed to l)e kept open, according to such scale of fees as ^^^^ icence. shall be fixed by the Lord Chamberlain, shall be paid to the Lord Cham- berlain. 6. . . . The Justices of the Peace t within every ct)unty, riding. Licences division, liberty, cinque i>ort, city, and borough in Creat Britain may be beyond the limits of the authority of the Lord Chamberlain, in which granted by application shall have been made to them for any such licence as is herein-after mentioned, shall, irithin tirentij-oiie days next after such application shall have been made to them in writing signed by the party making the same, and countey'signed by at least two Justices acting in and * Short title. " The Theatres Act, 1S43." See the Short Titles Act 1S96. f Now the county councils. See 51 i. 52 Vict. c. 41, ss. 7 and 8. 800 [Chap. 68.] The Theatres Act 1843. [6 & 7 Vict.] Fee for Justices licence. To wliom licences shall be granted. Rules for the theatres under the control of the Lord Chamberlain. Rules for enforcincj order in the theatres licensed by the Justices. for the, division within ivhich the property 'propone/l to he licensed shall he situate, and delivered to the clerk to the .said Ju.sticos,* hold a special session in the division, district, or place for which they usually act, for granting licences to houses for the performance of stage plays, of the holding of which se.ssion seven days notice shall be given Ijy their clerk* to each of the Ju.stices acting within such division, district, or place ; and. every such licence shall be given under the hands and seals of four or more of the Justices t assembled at such special session, and shall he signed, and sealed in open court, and afterivards shall he jiuhlicly read by the clerk, loith the names of the Justices subscribing the same. \_As regards words i7i italics, see 51 & 52 Vict. c. 41, s. 78 (3), and the Council's Standing Orders.] 6. . . . For every such licence granted by the Justices t a fee, not exceeding five shillings for each calendar month during which the theatre is licensed to be kept open, according to such scale of fees as shall be fixed by the Justices,t shall be paid to the clerk of the said Justices.* 7. . . . No such licence for a theatre shall be granted by the Lord Chamberlain or Justices f to any person except the actual and responsible manager for the time being of the theatre in respect of which the licence shall be granted; and the name and place of abode of such manager shall be printed on every play bill announcing any repi'esentation at such theatre ; and such manager shall become bound himself in such penal sum as the Lord Chamberlain or Justices! shall require, being in no case more than five hundred pounds, and two sufficient sureties, to be approved by the said Lord Chamberlain or Justices,! each in such penal sum as the Lord Chamberlain or Ju.stices f shall require, being in no case more than one hundred pounds, for the due observance of the rides which shall be in force at any time during the currency of the licence for the regulation of such theatre, and for securing payment of the penalties which such manager may be adjudged to pay for breach of the said rules, or any of the provisions of this Act. 8. ... In case it shall appear to the Lord Chamberlain that any riot or misbehaviour has taken place in any theatre licensed by him, or in any patent theatre, it shall be lawful for him to suspend such licence or to order such patent theatre to be closed for such time as to him shall .seem fit ; and it shall also be lawful for the Lord Chambei'lain to order that any patent theatre or any tlieatre licensed by him shall be closed on such public occasions as to the Lord Chambei-lain shall seem fit ; and while any such licence shall be suspended, or any such order shall be in force, the theatre to which the .same applies shall not be entitled to the privilege of any letters patent or licence, but shall be deemed an unlicensed house. 9. . . . The said Justices of the Peace f at a special licensing se.ssion or at some adjournment thereof, .shall make suitable rules for ensuring order and decency at the several theatres licensed by them within their jurisdiction, and for regulating the times during which they shall .severally be allowed to be open, and from time to time, at another special ses.sion, of which notice shall be given as aforesaid, may rescind or alter such rules ; and it shall be lawful for any one of Her Majesty's principal Secretai'ies of State to rescind or alter any such rules, and also to make such other rules for the like purpose, as to him .shall seem fit ; and a copy of all rules which shall be in force for the time being shall be annexed to every such licence ; and in case any i-iot or breach of the said rides in any such theatre shall be proved on oath before any two Justices usually acting in the jurisdiction where such theatre is situated, it shall be lawful for them to order that the same be closed for such time as to the said Justices .shall .seem fit ; and while such order shall be in force the theatre so ordered to be clcsed shall be deemed an unlicen.sed hou.*e. 10. [Special provisions applying to the universities of Oxford and Cambridge and vnthin 14 miles of the city of Oxford or town of Cambridge.] * Now the clerk of the county council. See 51 & 52 Vict. c. 41, ss. 7 and 83. t Now the county councils. See 51 & 52 Vict. c. 41, ss. 7 — 8. [6 & 7 Vict.] The Theatres Act 1843. [Chap. 68.] 801 11. . . . Every person who for hiie sball act or present, or cause, Penalty on permit, or suffer to be acted or presented, any part in any stage play, in P^^rsons per- auy place not being a patent theatre or duly licensed as a theatre, °''™^'^" |° shall forfeit such sum as shall be awarded by the court in which or the places. Justices by whom he shall be convicted, not exceeding ten pounds for every day on which he shall so offend, [.See 2 & 3 Vict. c. 47, «. 46.] 12. . . . One copy of eveiy new stage play, and of every new No new act, scene, or other part added to any old stage play, and of every plavs or new prologue or epilogue, and of every new part added to an old ^'/''^''''^'^^ ^o prologue or epilogue intended to l^e produced and acted for hire ^g acted at any theatre in Great Britain, shall be sent to the Lord Chamlx?rlain until sub- of Her ^Majesty's Household for the time being, seven days at least mitted to before the tir.st acting or presenting thereof, with an account of the *||^ ^'^'^i ■ theatre where and the time when the same is intended to be first acted *™ er am. or presented, signed by the master or manager, or one of the masters or managers, of such theatre ; and during the said seven days no person shall for hire act or present the same, or cause the same to be acted or pi-esented ; and in case the Lord Cliamberlain, either before or after the expiration of the said period of seven days, shall disallow any play, or any act, scene, or part thereof, or any prologue or epilogue, or any part thereof, it shall not be lawful for any person to act or present the same, or cause the same to be acted or presented, contrary to such disallowance. 13. ... It shall be lawful for the Lord Chamberlain to charge such Fees to be fees for the examination of the plays, prologues and epilogues, or parts paiarish, township, and other rt:quire it. place, whether parochial or extra-parocldal, within the respective limits of their commissions, or within such divisions, rateably and eipuiUy, accoidnig to a certain pound rate (to be from time to time fixed and puMicly declared by such Justices *), upon the basis or standard herein- before mentioned, of the full and fair annual value of the pro()erty, me.ssuages, lands, tenements, and hereditaments rateable to the relief of the poor therein, or which in any place not maintaining its poor would Ixj liable to be rated for the relief of the poor if the .said last-mentioned place were a parish, any law or statute to the contrary thereof notwith- standing ; and the Justices of the Peace* shall in all cases where the same may be necessary appoint pi-oper persons witliin such extra-parochial or other places for the a.ssessing, taxing, and rating such extra-parochial property, messuages, lands, tenements, and hereditaments, and levying, collecting, and paying over such assessment, taxes, or rates. 22. If the churchwarden or churchwardens, overseer or overseers of Parishes the poor,i or other inhabitant or inhabitants of any parish, township, or ^^'"t-'^ed place, whether parochial or otherwisf, where there is no churchwarden or '"''^ appeal, overseer, or jjcrson appointed to act as such, shall at any time thereafter have reason to think that such parish, township, or place is aggrieved by any rate or a.^-sessment now existing, or hereafter to be made upon the ba.sis or standard hereinbefore mentioned, either in pursuance of this Act or of any Act or Acts now in force, whether it be on account of the proportions assessed upon the respective parishes, townships, or places being unequal, or on account of some one or more of them l>eing without sutKcient cause omitted altogether from the rate, or on account of such parish, township, or place being rated at a higher proportion of the pound sterling according to the fair annual value of the rateable property therein, or on account of some other parish or pai'ishes, township or tnwn- ships, place or places being rated at a lower proportion of the pound sterling according to the fair aniuial value of the rateable propertv therein than has been ii.xed and declared by the Justices of the Peace of the said county in se.ssions* a.ssembled as the basis of the rate of tiie .sjiid county, or on account of the altered state of the value of the proj)erty as.se.ssed, or any part theieof, or shall havt> any other just cau.^f of complaint what.soever, it shall be lawful for such churchwarden or church- wardens, overseer or overseers of the poor, or other inhabitant or inhabitants where there is no churchwarden or overeeer, X or |>ei*son appointed to act as such, to api^eal to the Justices of the P»'ace for the county at the next Quarter Se.^^sions of the Peace after such cjiu.se of appeal shall have arisen, against such part of the rate only as uuiy affect the parish or parishes, town.>Iace of meeting of the guardians ; and such guardians Guardians to shall raise the monies recpiired by such precc pts to be paid in like manner P^-'*' '""^^ as the money required by such guardians for the relief of the poor, and shall pay such monies at the time limited and in the manner presci-ibed by such precepts ; and if tlie treasuier of such guardians, or any P6''=>on j^'^^^^^-^.^^. ^ on his or their behalf, tender to the treasurer of the county or [dace for receive the which such Justices + act the aggregate of the said sevei'al sums, or if he same. .so tender the whole sum assessed on any such parish or parish* s in respect of any such rate or late.s, together with a copy of such precept in which are specified the parish or parishes and the rate or late^ in respect of which the same is so tendered, the treasurer of the county shall receive the sum so tendered, notwithstanaid on behalf lunns tail to of any parish, the said Justices assembled as aforesaid t may cau.se to be j.'^j^^ ^j^^ issued and sint, by post or otherwise, to the overseers of the poor* of such Justices may parish, or to the petty constable or peace oHicer, or other pei-son t)r pei-sons issue war- empowertd in any place to rate and levy the monies assessed as such rants to the county rate, warrants to collect and pay to the treasurer of the county or ^r[shes*etc * See G2 Sc (JS Vict. c. li, ss. 11 and 23 (3). lame"^ *^^ t Now the county councils. See 51 & 52 Vict. c. 11, .-. 3(1). X S. 2 of 'the County Rate Act 1S66, enacts that "the said printed lists shall, unless the Justices otherwise direct, be j^ent only on the occasion wlion a new basis or standard for a county rate or an alteration in the existing basis or standard has been allowed anil contirmed." § See 62 & 153 Vict. c. 14, s. 11 (.2). 806 [Chap. 81.] The County Rates Act 1852. [15 & 16 Vict.] If the over- seers, etc. fail to pay, the Justices may levy the rate by dis- tress and sale. Parishes not in arrear with contri- butions to be reimbursed by those which are in arrear. Justices may issue pre- cepts to the overseers of parishes, etc. not comprised in unions, or only partly within the jurisdic- tion of the Justices. place in which such Justices * act, within a time to be named and limited in such warrants, the rate or rates charged on such parish or place respectively, together with an addition to such rate or rates in the proportion of one shilling to every ten ; and such additional sum shall be applied and disposed of in like manner as the county rate ; and such overseers of the poor,t petty constables, peace officers, or other persons may reimburse themselves, as well for such additional sums as for the original amount of rate or rates, out of the monies which they are respectively empowered to rate and levy for the purpose of such county rate ; but shall not receive or take fi-om the county rate, or any other rate, any allowance or compensation for their trouble or expenses incurred in collecting, levying, or paying such county rate. 28. If any overseer,t petty constable, peace officer, or other person as aforesaid refuse, make default or neglect to pay to the treasurer of the county or plnce within the time limited as aforesaid, the sum or sums of money specified in the said warrants, and if the clerk of the peace or treasurer of the county or place make complaint thereof, then any .Justice of the Peace of such county or place may by warrant under his hand levy the same by distress and sale of the goods of the offender ; and the Justices assembled as aforesaid may pay to any clerk, constable, messenger, or other person who may have been employed in making such complaint, or in obtaining, drawing, or executing such warrant, such reasonable compensation out of the county stock as to the said Justices may seem fit. 29. In every case where any parish comprised in an union has, on or before the day on which any precept % as aforesaid should be obeyed, contributed money sufficient to enable the guardians of the union to pay any sum or sums required by such precept in respect of such parish, as well as to provide for the immediate relief of the poor of such parish, and to satisfy all other obligations of the said guardians in respect of such parish in force on that day, and where, through the default of any other parish or parishes in the same union in contributing money to such guardians, or through the neglect of such guardians to demand sufficient contributions from any other parish or parishes in the same union, the said guardians have applied the money of such first -mentioned parish to the use of such other parish or parishes, and are thereby rendered unable to pay any money so reqviired by such precept on behalf of such first- mentioned parish, and such parish is by reason thereof compelled to pay the additional sum of one shilling in every ten, as herein-before provided, in every such case the guardians of the union shall reimburse such first-mentioned parish such additional sum, and all costs incurred by reason of the premises, out of the monies of such other parish or parishes which may next thereafter come into the hands of such guardians ; and in case more than one palish be in default as aforesaid the said guardians shall charge such additional sum and costs to every such parish, in proportion to the amount of the deficiency of the contribution of each parish respectively on the day on which the said precept should have been obeyed. 30. In the case of every parish not comprised within any union, and in which the laws for the relief of the poor are not administered by a Board of Guardians, and in the case of every parish comprised in a union, the guardians of which are not empowered to relieve the poor, and in the case of any parish comprised within a union, or in which the laws for the relief of the poor are administered by a Board of Guardians, of which parish a part only is situated within the limits of the commission of any Justices, for which part no separate i-ate is levied for the relief of the poor, or where there are no separate churchwardens or overseers of 41, s. 3 (1). * Now the county councils. See 51 & 52 Vict. c. t See (52 & 63 Vict. c. 14, ss. 11 and 23 (3). X See 62 & 63 Vict. c. 14, s. 11 (2). [15 & 16 Vict.] The County Rates Act 1852. [Chap. 8i.] 807 the poor, or where no sepanite or distinct rate is made and collected for the relief of the poor of any division or part of any parish, township, •or place situated in and extending into two or more counties, ridinirs, or divisions, and in the ciise of evt-ry place not maintaining its own poor, but liabli- to the payuient of county rates as afoiesaid, tin- .Justices* asseml>led a»s aforesaid may, so soon as any vacancy occurs in the ottice of High Constable, issuer their waiiant to the oversoers,^ petty constables, peace officers, or other perscjus eni{)o\ven'(l by law to rate and levy county rates in such parish, part of a parish, or place, to pay to the county treasurer, or to transmit to him in such manner as the said Justices may fronj time to time direct, within a time limited in such warrant, the county rate, as aforesaid cliarged on tliem, withcnit the agency or intt-rvention of any High Constable, and such Justices may cause such warrant to be sent by post or otherwise ; and in case tlie said overseers, petty constable, peace oHicer, or other person refuse or neglect to pay any such rate within the time limited in such warrant, the same remedy may be had against them as is herein-before provided against overseers, petty constables, peace officers, or other ])ersons refusing, making default, or neglecting to pay to the treasurer of the county or place, within the .time limited, the rate or rates charged upon any parish in union, and omitted to be paid by the guai1 i: 52 Viet. c. 41, s. 83 (11). § See t)2 & (53 Vict. c. 14, s. 11 (2). 808 [Chap. 81.] The County Rates Act 1852. [15 & 16 Vict.] The Act extended to all places having sepa- rate com- mission of the peace, and to all rates of the nature of county rates. Construction of the words * parish," "union," "guardians." 46. [FeruiUies and forfeitures, costs, and charges, raay he levied by distress and sale of offender'' s goods — As to committal of offender, and application of penalties. Rep. and replaced by the Summary Jurisdiction Act 1884, s. 4.] 47 — 50. \^As to counties inhere rates have been regulated by particular Acts. — All business relating to the assessment and ajyplicoMon of the county rate to be transacted in ojien court — -Notice thereof to be given — Annual account of 7-eceipts and expenditure to be published. Rep. 55 & 56 Vict, c. 19 {S.L.R.).] 51. In the construction of this Act the word "county " shall mean and inchide any riding or division having a separate commission of the peace, or sepaiate county treasurer, and any liberty, franchise, or other place in which rates in the nature of county rates may be levied, having a separate commission of the peace, and not subject to the jurisdiction of the county or counties at large in which such liberty, franchise, or place may lie, nor contributing or paying to the county rates made for such county or counties at large ; and that the words " county rate " shall mean and include every rate or, tax assessed in any county or any division of a county as aforesaid for all or any of the purposes to which county rate or stock is or may hereafter be made liable. 52. The word "parish" shall be construed to include any township, vill, or place maintaining its own poor, whether parochial or extra- parochial, or any part of a parish, township, vill, or other place for which a separate poor rate may be made ; the word "union" shall be construed to mean and include any number of parishes united under the Act j^assed in the fifth year of the reign of His late Majesty King William the Fourth, " for the Amendment and better Administration of the Laws relating to the Poor in England," or under an Act passed in the twenty- second year of the reign of His late Majesty King George the Third, " for the better Relief and Employment of the Poor," * or under any local Act ; and the word " guardians " shall mean and include any board of guardians acting under the provisions of the said Act passed in the fifth yeai of His late Majesty King William the Fourth, and empowered to relieve the poor of any parish or union, and the visitors, guardians, directois, managers, acting guardians, vestrymen, or other officers in a union appointed to act in the ordering of relief of the poor from the poor rate tinder any general or local Act of Parliament ; and the word "hundred" shall mean and include any hundred, wapentake, wai^d, or other di.strict in the nature of a hundred, by whatever name denominated. SCHEDULE to which this Act refers. County of to wit. ! Form of Precept. To the Guardians of the Union. These are to require you, the Guardians of the Union, from and out of the monies paid into the hands of the treasurer of your union for the uses and purposes of the said union, to pay or cause to be paid, on or before the day of into the hands of A.B., treasurer of the said county, appointed to receive the same, the sum of being the amount of the several and respective sums of money hereunder set down and expressed opposite to and against the names of the several parishes, townships, or places comprised within your said union, the said several sums being respectively charged and assessed thereon as the Eep. 34 & 35 Vict. c. 116 (S.L.R.). [15 & ir, Vict.] The Metropolis Water Act 1852. [Chap. 84.] proportion of the several parishes townships, or plnces towards the general county rate, at in the pound, mude at the last Quarter Sessions [or General Sessions] of the Peace held at iu and for the said county. [Sifpiature of the Clerk of the Pe/ice.*] 809 County Rate, at in the Pound. £ s. CHAPTER 84. tAx Act to make uErrEii Pkovisiox respecting the Supply of Water to the Metropoli.s. [Ist July 1852.] [Preamble rep. 55 k 56 Vict.c. 19 {S.L.R.).] 1. . . . It shall not lie lawful for iiiiy c<)mpiinysupplyine punifKnl from wells into a covtied reservoir or aqueiluct. without exjKisure to the atmosphere, and which shall not be afterwards mixed with untiltered water. [See 34 ct 35 Vict. c. 113, s. 36. Words omitted (''from and after the 31«< day of Amjust 1855")re;>. 38 it 39 Vict. c. <^^ {S.L.R.).] * Now, as reuards London, tlie Clerk of the London County Council. See 51 A: 52 Vict.c. 41. s. 83 (11). f Tbe word "said," wlieicver occurring: in tliis .Vet hefon^ " Poanl of Trade,** is repealed by .=55 & 5(5 Vict. c. 19 (S.L.R.). X See 64 & 55 Vict. c. 7fi, s. 50. Restriction Sis to sources of su[ij)ly of water to the metropolis. Reservoirs, within a limited dis- tance, to be covered. Water not to be bnjugbt within a limited dis- tance in open aqueducts. Every com- pany to tilter all water .-up- plieil by them for domestic use. 810 [Chap. 84.] The Metropolis Water Act 1852. [15 & 16 Vict. Company to give notice to Board of Trade before resorting to new sources of supply, who may thereupon appoint an inspector to report. Inspector to give notice to companies of his inten- tion to visit new sources. Board of Trade to certify their approval or disapproval of new sources. If Board of Trade dis- approve, company not to use new source of supply. On complaint as to quantity and quality. Board of Trade may appoint a person to inquire and report. Powers of person appointed. Penalty for obstructing inspector. If complaint well founded, notice to be given to company. 5. Three months before any company shall resort to any new source of supply, such company shall give notice in writing thereof to . . . the Board of Trade,* and thereupon, \vithin one month after receipt of such notice, the . . . Board of Trade* shall, if they think fit, appoint a competent person as an insjiector, \yho .>ov^* -' . 1 ° ^Tourid of complaint. c.mi-biut. 14. Every steam enf^ine, furnace, or other work in which coals which Enfjinea to produce smokt; durinj^ C()ml>usti()n shall l>e consumed by any company for consume tlie piirptwc of tiie wattTworks siiall he constructed on the most ••ilt-ttual tiieir own principlf for consuming its own smoke. [See ulna 5t it 55 Vict. c. 7G, ». 23.] "'Q'^'"-*' 15. [/'rorisioiix ax to const/int siipp/i/ of' irnfer. liej). 34 it 35 Virt. c. 113» s. 5 (.se« Udd.x. 7) ; 55 e made of the district within whiclj any mains or "." u'^^^^f ^u district mains shall have been laid down or formed by them on a sc;ile not companies less than six inches to a mile, and shall cause to be marked thereon the to be made, course and situation of all existing mains and district mains, and sliall, and kept at within six months from the making of any alterations or additions, cause principal xi 1 ^ i_ f ^- X X- i. 1 1 u II-.- A office of each the said maj)s to be from time to time corrected, and such inlditions made (.omijanv thereto as may show the line and situation of all such mains and district ^nil be open mains as may be laid down or formed by them from time to time . . . ; and to insixjction. such map, or a copy thereof, with the date expre.ssed thereon of the last tiu)e wlien the same shall have been so corrected as afore.said. shall Ije kept in the principal otlice of each company, and shall be open to the inspection of all pei.sons interested in the same within the said di.strict, who shall be at lilx-rty to take copies of or extracts from the same. \Amended 34 it 35 Vict. c. 113, ». 49. See also 28 it 2') Vict. c. 90, .s. 32. Words omitted {'Uifter tlve passiny of this Act") rep. 55 »t 56 Vict. c. 19 {S.L.R.).] 18. Every company, on the application of any person supplied with Cmpanies water by such Company, shall furnish to such person the particulars of "^ ^""",^^. any district main from which such person is supplied, together with o^jii^tricr the names of the streets through which such di.strict main pa.s.se^, and the mains when commencement and termination thereof. [A)iteiided 34 it 35 Vict. c. 113, reiiuiretl. s. 49.] 19 — 22. [Accoitnt of rates levied by comjxiiiies to be open to public inspection — As to jn-oceedim/s to enforce this Act — Cisterns to be supplied tcith p7'oper apparatus. Rep. 34 it 35 Vict. c. 113, s. 5, and 2 Edw. 7, c. 41, s. 38.] 23. Every cistern or other receptacle for water, ami every closet, soil- Ci.sterns, pan, and in-ivate bath which shall be supplied with water bv anv company, ^"'°t^^'; *Pr 1111 1 1 1 rii x*i* oat ns to t)c so shall be so constructeil and useil as elrectually to prevent tJie waste, mis- constructed use, or undue consumj)tion of water, and the ilow or return of foul as to prevent air or other noi-some or impure matter into the mains or pipes of the w.'u>w or return notwithstamling an\ thing in '" Tlie Waterworks Clauses Act, 1S47," or in mattJr into this Act contained, no company shall be bound to supply water into any x\w mains, cistern or other receptacle for water, clo.set, soil-pan, or private Imth, etc. whicii shall not be so con.structed and u.sed. 24. No person shall make or lay down, or permit to be made or Restricting laid down, anv i>i))e or other means or contrivance for taking, using, or ''""'"".»">''«• ..'•^' •..-.i • X »i tion with obtaining water to coiiiiminicate with any pipe or J^PP-'rii*""^ <'""'i^**"i^' pipes of the with any of the mains or pipes of any ct)mpany without giving ^^uch j^mpany. notice, and except under such superintendence, and according to such • See note to s. 5. 812 [Chap. 84.] The Metropolis Water Act 1852. [15 & 16 Vict.] Water may be cut off in certain cases. Regulations to be made with approval of Board of Trade. direction as is provided by "The Waterworks Clauses Act, 1847," with respect to the communication pipes to be laid by the inhabitants. [iS'ee the Waterworks Clauses Act 1847, ss. 48 — .52; a)id the Waterworks Clauses Act 1863, s. 19.] 25. It" any person supplied with water by any company shall wilfully do or cause to be done any act, matter, or thing in contravention of tlie pi'ovisions of this Act, or of the special Act relating to such company, or of any Act incorporated therewith, or shall wilfully omit or neglect to do any matter or thing which under such provisions ought to be done for the prevention of the waste, misuse, or undue consumption, or the contamination of the water of the company, 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, mattei", or thing as aforesaid, or of any such wilful omission or neglect as aforesaid. [See the Waterworks Clauses Acts 1847, ss. 54, 57, & 74, and 1883, s. 16; the Water Companies (Jiegulations of Powers) Act 1887; 34 & 35 Vict. c. 113, s. 32; and 54 & 55 Vict. 'c. 76, s. 49.] 26, It shall be lawful for any company from time to time ... to make such regulations* as shall be necessary or expedient for the purpose of preventing the waste or misuse of watei things, to prescribe the size, nature, and and therein, amongst other of the pipes, cocks. strength Short title. Interpreta- tion of terms. cisterns, and other apparatus to be used, and to interdict any arrange- ments, and the use of any pipes, cocks, cisterns, or other apparatus, which may tend to such waste or misuse as aforesaid. \Words omitted {'■^ ivith the approval of the Board of Trade") rep. 38 & 39 Vict. c. 66 [S.L.R.).] 27. [Parish officers, with consent of vestry, may require inhabitants to procure supply of water. Rep. 34 & 35 Vict. c. 113, s. 5, and 2 Edw. 7,. c. 41, s. 38.] ■ 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." 29. In the construction of this Act the expression "company" shall mean and include any of the companies herein-after enumerated ; (that is to say,) the Governor and Company of the New Ptiver brought from Chadwell and Amwell to London, commonly called " The New River Company!;" the Company of Proprietors of the East London Water- works t; the Southwark and Vauxhall Water Company t; the West Middlesex Waterworks Company f; the Lambeth Waterworks Com- pany t; the Governor and Company of Chelsea Waterworks?; the Grand Junction Waterworks Company t ; the Company of Proprietors of the Kent Waterworks t ; and the Hampstead Waterworks Company % ; and also any other company, board, commissioner, association, person or partnership, corporate or unincorporate, for the time being supplying the metropolis or any part thereof with water for domestic use§; the expression " the special Act " shall mean and include this Act, and ever}' 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. * See 34 & .^f) Vict. c. 11.3, ss. 17--25. t Now the Metropolitan Water Board. See 2 Edw. 7, c. 41, s. 1. X This company apparently ceased to exist about 1853, and their area was- subsequently .supplied by the New River Company. § See note on s. 1. II See GO & 61 Vict. c. uG, s. 3. [24 & 25 Vict.] The Forgenj Act IbOl. [Chap. 98.] 813 The SCHEDULE above referred to. All such places l.yiny on the north side or left bank of the River Thames as are within the exterior boundaries of ami are within the ambit formed by the paiislies of Fiilham, Hammersmith, Kensington, I'adiiington, ilimp- stead, Hornsej', Tottenham, Saint Pancras, Inlini^'ton. Stoke Newington, Hackney, Stratford-le-Bow, Broudey, Poplar, and Sliadwell. Such part of the parish of Chelsea as lies north of the said parish of Kensin},'t()M. And such parts and places lyinj,' on the south side ■ i J 1 1 (lurinp 7. The authority of the conunittee appointed for any union under this vacancies. Act shall extend over every parish compri.sed in such union. E.xtent of • 1 11 1 1 1 1 • . committee's 8. ihe comnnttee shall hold their nr.st meeting at tlie board room of autLoritv. the union on a day to be fixed by the board of guardians, and the sub- Yiist meet- sequent meetings of the committee shall be holden at such times and at infr, when such place and upon such notice and re(iuisition as the}' .shall from time ^o be holden. to time appoint ; and any guardian of the union may be present at any meeting of the committee, but shall not be entitled to take part in the proceedings thereof. 9. All acts, orders, matter.s, and things by this Act authorized or Quorum of directed to be made or done by the committee may be made or done by meetings, the major part of the members of such committee who shall be present at a meeting, the whole number present together at such meeting not being less than three, and not less in any case than one-third of the whole number of which such committee consists; and when upon anv question there shall be an equality of votes the presiding chairman shall have a second or casting vote. 10. The committee shall emnlov the clerk or assi.stant clerk of the Committee board of guardians as their clerk, with such rt-muneration for his services i"^^' employ as the Poor Law Board shall sanction. \^See note on s. i.] clerk 11. Tlie committee shall cause a minute of their proceeding.s, and of the Proceetiings names of the members who attend each meeting, to be dulv made from t'J be entered time to time in books to be provided for that pinpose, which shall be kept '" bo«'ks by their clerk, under their superintendence, and every such entry shall be "" '•'&'i^ : signed by the presiding chairman of the a-sses-^^ment committee present at the meeting at which the proceeding took placet; an- and all such persons shall be entitled at all seasonable times to U\ke copies or extracts from the said l)ooks, without paying any fee for the sjime ; and if, on request made for that purpose, the clerk of the committee refuse to permit any such person to inspect any such books, or to take copies or extracts therefrom, as aforesaid, such clerk shall for every such ofl'ence be * Now the Local Government Board. See the Ix)cal Ciovcrnment Board Act 1871, s. 2. t See, as regards London, 32 i: 33 Vict. c. 67, s;;. G7 ami 74. 816 [Chap. 103.] The Union Assessment Committee Act 1862. [25 & 26 Vict.] Proceedings of com- mittees to be reported. Committee mar require returns from overseers, etc. : and may require pro- duction of rates, etc., and examine persons attending before them. Valuation lists to be deposited for inspection, and after- wards trans- mitted to the committee. liable to a penalty not exceeding five ]ioiinds, upon a summary conviction for the same before two Justices of the Peace. [/See 27 & 28 Vict. c. 39, s. 4.] 12. The board of guardians shall in the month of April in every year report the proceedings of their assessment committee to the Poor. Law- Board. [licalle to London.] 17. The valuation list for each parish, made and signed by the overseers, or delivered to them, as herein-before provided, shall be deposited by the overseers in tlie place in such parish in which rate books are depo.sited or kept, . . . and the overseers shall give public notice of the deposit of such list on the Sunday next following * the deposit of such list, and such notice shall be given in the same manner, and all persons assessed or liable to be assessed to the relief of the poor of such parish shall have the like right of inspecting, and of demanding and taking copies of and extracts from such list, as in the case of a poor rate allowed by the Justices, t and the overseers shall, at the expiration of fourteen days j from the time of the notice given of the deposit of such list, transmit the same to the committee, and any overseer or other ratepayer within the union shall have the right of inspecting and taking copies of and extracts from any of the lists so transmitted. [Woi^ds omitted (" and a copy of such valuation list shall be forthvrith delivered to the board of guardians") rep., as regards London, 32 & 33 Vict. c. 67, s. 77.] * See 32 & ?,?> Vict. c. 67, s. GG. •f See the Poor Rate Act 1743, s. 2, which is as follows : " 2. And . . . the church- wardens and overseers of the poor or other persons authorised as aforesaid, in every parii^h, township, or place, shall permit all and every the inhabitants of the said parish, township, or place to inspect every such rate at all seasonable times, paying one shilling for the same, and shall, upon demand, forthwith give copies of the same, or any part thereof, to any inhabitant of the said parish, township, or place, paying at the rate of sixpence for every twenty-four names." + See 32 & 33 Vict. c. G7, s. 42 (2). [25 & 20 Vict.] ^^^'^ ^'^"'^'^ I'fiso?' -''^'^'^''' [Chap. 103.] 81 7 18. Any overseer or overseers of any parish in any union who h{iall Ohjectjons to have reason to think that snch parish is aj^grieved by tlie valuation list *aluJ»tion list, of any parish \vitljin such union, or any jicrstjii who may teel himself aggrieved by any valuation list on the gi-ound of unfairness or incorrect- ness in the valuation of any hei-erlitamcnts includctl therein, or on the ground of the omission of any rateal)lf hereditament from such list, may at any time after the deposit as aforesaid of such list, and before the expiration of twenty-eight days* after the notice of the deposit as afore said, give to the committee and to the overseers a notice in writing of his olijection, specifying tlie grounds thereof, and where the ground of any objection shall be unfairness or incorrectness in the valuation of any liereditament in respect of which any person, other than the person objecting, is liable to be rated, or the omission of such hereditament, also give notice in writing of such objection, and of the ground thereof, to such other person. 19. The committee shall liohl such meetings as they may think necessary Committee for hearing objections to the valuation lists, and shall, twenty-eight davs to hold at least before holding every meeting for hearing objections to valuation '"*^''^'"&^ lists, other than meetings by adjournment, cause notice of such meeting to objections, be given to the overseers of the several parishes to which such lists relate, and such ovirseers shall, on the Sunday next following the receijjt oi such notice, publish the same in the manner in which notice of a rate allowed by Justices is by law recpiired to be given, and the committee mav at any such meeting hear and determine such objections, or may from time to time adjourn any such meeting, and adjourn or postpone the hearing or finther hearing and determination of any such obj( ctions, and may, where they think lit, direct notice of any such objections to be given by the over- seers or by the persons objecting to third parties before the further hearing thereof ; but the committee shall not be required to hold a meeting for heai-ing objections to the valuation list of any parish, unless such notice in writing as herein-l)efore mentioned of some objection or objections thereto have been given to the committee ; and whei-e a meeting is holden for hearing objections to the valuation list of any parish, the conmiittee shall not hear any objection to such valuation list unless such notice as aforesaid of such objection have been given to the committee and to the ovei-seers ; and where the ground of such objection is unfairness or incorrectness in the valuation of any hereditament of any other person than the person objecting, or the omission of such hereditament, also to such other person by the person objecting, except where the overseers, by themselves or any other person on their behalf, and in the case aforesaid such other person as afoiesaid, by himself or any other person on his behalf, consent to the hearing of such objection, and in such case the committee may, if they see tit, hear the same; and where the committee see (it to hear the same they shall act in relation thereto in like manner as if notice of such objection had been duly given. 20. The committee may, whether any objection be or \ye not made to Committee any such valuation list, and either before or after anv meeting for hearin}; niay din-ct objtctions, make such alterations in the valuation of any hereditaments ^.„inj^t,oQ included in any valuation list, aiul insert thei-ein any rateable heredita- „,i,i torrect ment omitted therefrom, and make such corrections in names, descriptions, valuation and particulars in any valuation list, and upon such inb>rmation, as to ''•"■'"• ""^'^ them may seem suthcient, autl may, with the consent of tlie guardians as ^\'j'".'^*^'^" aforesaid, appoint or employ a person to survey and value the rati able ^pprQ^g ^jjg hereditaments comprised in any such valuation list or any of them, or same, omitted tlierefrom, or may take such other means as they may think necessary for ascertaining the correctness thereof; ami when the committee have heard and determined all such objections as aforesaid, and have made such alterations, insertions, and correctiiMis in any valuation li>t as to them may seem proper, they shall approve the same under the hands of • See 32 & 33 Vict, c 67, s. 42 (3). 53 818 Valuation list when altered to be deposited, etc. [Chap. 103.] The Union Assessment Committee Act 1862. [25 & 26 Vict.] After a valuation list is approved no rate to be allowed unless made according to such list. In computing amount of contributions to common fund the annual rate- able value to be taken from approved valuation lists. Board may allow com- pensation for three members of the committee present at the meeting at which the same is approved, with the date of such approval. 21. Where the committee make any alteration in the valuation of any hereditaments included in, or insert therein any rateable hereditament omitted from, any such valuation list, they shall cause such valuation list, with such alteration or insertion, to be deposited for inspection in manner herein-before provided concerning the valuation list made by or delivered to the overseers, and shall cause the like notice to be given of such deposit as is required in the case of a valuation list so made or delivered as afore- said, and shall appoint a day, not less than seven days nor more than fourteen days from the re-deposit of such valuation list, for the hearing of any objections to the valuation list as so altered ; and when the committee- have heard and determined any such objections, or have made such further alterations, insertions, and corrections in such valuation list, they shall approve the same in manner herein-before provided. 22 — 27. ^Provisions as to the alteration of valuation lists if a rate, is amended on aj>peal — Custody of valuation list — As to what shall be deemed the valuation list in force, and as to new valuations and supplemental valuation lists. Rep., as regards London, 32 & 33 Vict. c. 67, s. 77.] 28. . . . Provided always, that where by reason of any alteration in the occupation of any property included in such list such property has become liable to be rated in parts not mentioned in such list as rateable hereditaments, and separately rated therein, such parts may, where a supplemental valuation list showing the annual rateable value of such parts has not been approved and delivered as herein-before required, and whether such list has or has not been made, be rated according to such amounts as shall be fair apportioned parts of the annual rateable value appearing in such valuation list in force as afoi-esaid of the hereditaments out of which such parts have been constituted. \^Part omitted ( ^9?'oi"2sio«. that after a valuation list is a2}pi'oved no rate shall be alloiced unless made according to such list) rep., as regards London, 32 & 33 Vict. c. 67, s. 77.] 29. [Provision as to places under local Acts. Rep., as regards London,. 32 & 33 Vict. c. 67, s. 77.] 30. When the assessment committee for any union shall have appi-oved valuation lists for all the parishes comprised within such union, the guardians of such union, in computing the amount of contribution to the common fund for the several parishes, shall thenceforward take the annual rateable value of the property in such parishes respectively from the valuation lists for the time being lastly approved of for such parishes respectively, any statute to the contrary notwithstanding : Provided that, in case any parish comprised in any union shall receive any sum of money as a contribution in aid of the poor rate of such parish, for or in respect of government property within such parish and used for public purposes, the annual value of such property according to the estimate (if any) of such value on which the amount of the sum of money so received is com- puted, or, if there be no such estimate, then the annual value of such property, estimated in the mode provided by the Act sixth and seventh William the Fourth, chapter ninety-six, for making an estimate of the annual rateable value of property liable to be rated to rates for the relief of the poor, shall be included by the overseer or overseers in the valuation list of such parish, and shall be added to the annual rateable value of the property in such paiish in computing the amount of contribution to the common fund for the several parishes in such union. 31 — 36. [-4s to deposit of copies of valuation lists — As to ajjpeals against such lists — 7'he Act not to prevent compositions for rates — Saving of exemp- tions and, special rules of rating. Rep)., as regards London, 32 & 33 Vict, c. 67, s. 77.] 37. The committee may allow such compensation for any returns, copies, or extracts, or any valuation, or valuation list, or other act,. [26 ViCT.J The Town Gardens Protection Act IHCi'i. [Chap. 13.] 819 matter, or thin<^ to be made or done in pursuance of their order, and returns, such expenses connected therewith, as to tlie committee in each ca.se ^^- ^"^ seems just. expenseB. 38. The remuneration allowed by the committee to their clerk and all Komunera- expenses incurred by them for th<^ common use and benefit of the several ^'"J" ''^ clerk parishe.s within the union for whicli tlun' are aj»jK)inted, shall U- paid by ^'"^ ''^'^t^'" the guardians of the said union, and be charged upon the common fund cummittee to thereof. be paid out 39. [E-rpenses of valuation to be paid out of poor rates. Rep. 32 k 33 Vict, jj^j™™"" c. ()7, ,v. 77. 1 40. Kvciy person who wilfully refuses to attend in obedience to any I'enalty for lawful order of any such committee, or to give evidence, or refuses to non-attend- produco any rate book, a.ssessment, or valuation which may b' lawfully ^P'^^;'.'^'*'' '° required to be produced before such committee, shall for every such offence ^rder of the be liable to a penalty not exceeding twenty [jounds upon a summary con- committee, viction for the same before two Justices of the Peace ; and every person injuring, etc. who wilfully injures, defaces, conceals, or destroys such rate bcjok, or who rate book.s upon any exaniinatit)n before any such committee wilfully gives false ^ ™^^'^*^* evidence, shall be deemed guilty of a misdemeanor. mcanor. 41 — 43. [..I* to authenticalion and service of oi'ders and notices. Rep., as reijards London, 32 & 3.) Vict. c. 67, s. 77.] 44. All the powers, authorities, provisions, clause.s, and regulations now I'rovi.sions in force relating to the assessment, collection, and levying of poor rates concerning (save so far as the same are hereby repealed or altered) shall lie good, , assess- valid, and efiectual for the puiposis of as.se.s.sing, levying, collecting, and poor rates to enforcing the payment of such rate and for carrying this Act into be applicable execution. to rates made 46. [P over for unions tinder 22 Geo. 3, c. 83,* or local Acts to ^e tLis*Act!^ included in this Act. Rep., as regards London, 32 it 33 Vict. c. G7, s. 77.] 46. This Act shall extend only to England. Extent of Act. HciiEDULE. — [Forms of valuation list and of declaration to be added to t/ie rate. Superseded, as regards London, 32 &. 33 Vict. c. G7, s. 51, a)ul '2nd Schedule.] 26 VICTORIA. A.D. 1863. CHAPTER 13. An Act for the Protection of certain Garden or Ornamental C4ROUNDS IX Cities and BoRouGus.t [ith Muij 18G3.] [Preamble.] 1. Where in any city or l)orough any enclo.sed garden or ornamental Gardens ground has been set apart otherwi.se than by the revoi'able permission of in certain the owner thereof in any public square, crescent, circus, street, or other squares, etc. public place, for the use or enjoyment of the inhabitants thereof, and where ?^'*-^ ^ freed the trustees, commissioners, or other l>ody appointed for the care of the ^.^clroach- ' same have neglected to keep it in proper order, or where such garden nunts, etc.. or ground has not been vested in or placed under the management of any and ve.-tcil iu trustees, commissioners, or other body for the care of the same, and from ^'k-' Metpi- the want of such care, or from any other cause, has been neglected, oYworks^*" the Metropolitan Board of \Vorks,J where the same is in any place under or other their jurisdiction, except the city of London (where the provisions of this curporatc Act shall be carried into ellect by the Corporation of the saiil litv), ''^"'^'"^'''''J'; and the corporate authorities in any other city or borough, shall take * Rep. 34 & 3.5 Vict. c. 116 (S.L.R.). t Short title, "The Town Gardens Protection Act. 1803." t^ee the Short Titles Act 1S%. J Now the London County Council. See 51 ^V: 52 Vict. c. 41, s. 40 (S). 820 [Chap. 13.] The Town Gardeiu Protection Act 1863. [26 Vict.] or vested in a committee of rated inhabitants. Protection of open spaces from en- croachment. Expenses how to be defrayed. charge of the same, putting up a notice or notices to that effect in such garden or ornamental 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 I'eservation for keeping the same as and for a garden or pleasure gi'onnd, or that the same shall not be built upon, but not otherwise, shall cause any buildings 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 oi'namental ground in a conjmittee consisting of not moie 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 inhabitants ; 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 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 genei-al 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 chai-ge of such garden or ornamental ground, the Metropolitan Board of Workst or corporate authority aforesaid shall, within six months after the notice herein-before mentioned shall have been ]iwt 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 thenceforth 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 t 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 passed. 2. And whereas it is expedient that the same should be carefully pro- tected 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 j 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 avithorities in any other city or borough, requesting the said Metropolitan Board of Workst or corporate authority to protect the right before mentioned, the said Metropolitan Board of Works t or corporate authority, after due inquiry, may, if they shall think fit, accede to such request, and then and thereupon the right of such person to require that such garden or 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 Workst or corporate authority, who shall bo fully empowered, for and in their own name, to exercise all the rights, powers, and privileges in relation thereto, and take such legal pi'oceediugs for asserting, defending, and protecting the same, as the said person might have exercised or taken. 3. Any charge incurred l^y the Metropolitan Board of Workst in the * Kow, as regards London, the councils of the metropolitan boroughs. See 62 & 63 Vict. c. 14, s. 4. t Now the Lrndon County Council. See 51 & 52 Vict. c. 41, s. 40 (8). [26 Vict.] The Town Gardens Protection Act 1863. [Chap. 13.] 821 execution of this Act shall be deemed to he cxpenseK of the said Board for payment whereof provision is made hy the Act for the Ijetter l(x;al management of the meti'opolis. . . . [,S'e« 25 & 2t5 Vict. c. 102, s. 5, and 51 & 52 Vict. c. 41, 8. GS. I'art omitted i-elaten to the expenses of municipal corporations.^ 4. Where any such garden or ground is managed by any Committee of Byelaws for the inhabitants of any scpiare, crescent, circus, street, or place, such "'anagement committee may make, and from time to time revoke and alter, byelaws for g^5* *'"' the management of the same, and foi- the preservation of the trees, shrubs, plants, (lowers, rails, fences, sisats, summer-houses, and other things therein, which byelaws shall be entered in a lx)()k kept for that purptjse by the committee, signed by the chairman of the metting at wliich the same shall be passed, and which book sli.ill and may be produced and read, and taken as evidence of such by( laws, in all courts whatever, and any inhabitant or servant, or other person admitted to such garden by any inhabitant, ofFending against the same, aft<'r they shall liave been duly allowed, as herein-after provided, 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 byelaws shall not come into operation until the same siiall have been allowed by some Judge of one of the superior courts, or by the Justices in Quarter Sessions ; and it shall be incumbent on such Judge or Justices, on the request of such committee, to inquire into any byelaws tendered to them for that purpose, and to allow or disallow the same as they think meet. 6. Any police constable who shall see any person throwing any rubbish Penalty for into any such garden, or trespassing therein, or getting over the railings or L'^''j.fj"|]^ fence, or stealing or damaging the flowers or plants, or 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 aforasaid 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 pi'oceedings the ownership of the property of such garden, flowers, or plants, it shall be sufficient to dt scribe 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, two Certain pro- hundred and twenty-sixth, two hundred and twenty -seventh, and two )!r]j^"9°Vict hundred and twenty-eighth sections of the Act pa.ssed in the session of gioQ^obe Parliament held in the eighteenth and ninetei-nth years of the reign of incorporated Her most gracious Majesty the Queen, chapter one hundred and twenty, with this Act, shall be incorporated in this Act, and shall aitplv to anv p.naltv or ^"'^ ^° ^PP^y i" r -x ■ 1 1 xi • A i. 11 1 • ■ ti " «f to penalties, forfeiture imposed by this Act, or any byelaw made in pursuancr tliereot, etc. imposed in and for every matter or thing done or omitted to be done within the \,y this Act. metropolitan district. . . . \^Part omitted applies the Summary Jurisdiction Act 1848 as regards other parts of England and Wules.^ 7. Nothing in this Act shall extend to or include any garden, orna- '^ct not to mental ground, or other land belonging to ller Majesty in right of li^r ' '^^ of crown or of her Duchy of Lancaster, or any garden, ornamental ground, ,1,^ crown or or other land for the time being under the management of the Com- to property missioners for the time being of Ibr Majesty's Works ami I'ublic Buildings, undorthe or of the Commissioners for the time being acting under the Crown Estate ^^"^1]^^™^°' Paving Act, 1851, or io any garden, ornament.-il, or other ground, f'^r ,„j^j.j,^^j.^ ^f which special provision is made for the duo care and protection thereof by Works, etc. any public or private Act of Parliament. 8. [This Act not to extend to Scotland or Ireland.] 822 [Chap. 39.] The Union Asse8sment Committee ro- p 90 v 1 Amendment Act 1864. L-^^ & ~» vict.j 27 & 28 VICTORIA. A.D. 1864. Committee mar, with consent of guardians, be co-re- spondents. Provision as to costs of committee on appeals. Valuation to be made in writing. Notice of assessment to be given to certain comijanies. Justices in certain cases not disqualified for hearing appeals. Expenses of overseers incurred with consent of vestry or allowed by assessment committee may be charged on poor rates. CHAPTER 39. An Act to amend the Union Assessment Committee Act (1862). \\Mli July 1864.] \Preamhle?\^ 1. \Xoi\ce of appeal against poor rate to be given to tlie assessment committee of union. Req). and rej)laced, as 7'egards London, 32 & 33 Vict, c. 67, s. 11. See ibid. ss. 33 and 42 (12).] S. The assessment committee of such union * may, with the consent of the guardians of such union, after notice shall have been sent to every guardian, appear as respondents to such appeal, but in the name of the guardians of such union, in like manner, and with the same incidents, and subject to the same liabilities, and entitled to the same remedies and rights, as in the case of persons other than the overseers to whom notice of appeal may be given. 3. The costs which the committee may incur in consequence of becoming respondents to such appeal, or of having received notice thereof, shall, if not recovered from the appellants, as well as any costs the com- mittee may be ordered to pay to the appellants, be paid by the guardians and charged to the common fund of the union, unless the court before whom such appeal is heard shall direct that such costs, or any part thereof, shall be charged to the parish, the rate of which is appealed against. 4. Where a valuer is appointed by the assessment committee he shall make his valuation in writing, showing the particulars of the several hereditaments comprised therein, and the amounts at which he has valued the same respectively, and shall sign such valuation, which shall be open to insjicction in like manner and with the same incidents with respect to the taking of copies or extracts as the minute books of the committee. [See 25 & 26 Vict. c. 103, s. 17, and 32 & 33 Vict. c. 67, s. 14.] 5. Within fourteen days after the transmission to the assessment committee of any valuation or supplemental valuation list the committee shall give notice to every railway, telegraph, canal, gas, and water company named in such list as the occupier of any property included therein, and not having any office or place of business in the parish to which such list relates, of the sum or sums set down as the rateable value of the property purporting to be occupied by such company or companies, and such notice may be served by being transmitted through the post to the principal office of the company, or one of their principal offices when there shall be more than one. 6. No Justice of the Peace shall be disqualified for acting in the determination of any appeal against a poor rate at any Quarter or Special Sessions by reason of such Justice being rated, or being liable to be rated, in some other parish in the union than that for which the rate appealed against is made. 7. When the overseers of any parish incur any expense in making out any valuation list or supplemental list, or in revising or valuing any of the rateable hereditaments of such parish, under the provisions of the Union Assessment Committee Act, 1862, with the consent of the vestryt given by express resolution, after due notice, they may charge such expense, so far as the same may be authoi-ized by the vestry upon the poor rate ; and if no vestry meeting be held, or no decision arrived at on the subject, then to the extent which the assessment committee shall allow : Provided that, as regards the valuation of the property, no expense shall be so charged upon the poor rate unless the consent of such committee * I.e. any union to which the Union Assessment Committee Act 1862 applies, t See, as regards London, 62 & G3 Vict, c. 14, ss. 4, 11, and 19. roo c oo ir 1 I he Poor Jiate A.ssca.^mcnt and rnrr.,. nn &oq I 32 & 33 VicT.1 .. ,, ,• ^ , , i^/.f, ILhap. 41.1 823 •- -^ tolu-cttoti Act IbO'J. •• -J to the procuiing of sucli viiliiatioii by the ovei-seere shall have been given previously to the same being made. 8. It' the assessment conimittee order a valuation, with the consent of I'ower to the board of guardians, to })e made of all the rateable hereen>es. and where the parish for which the valuation is made shall, by reason of any provisioii in the said Union Assessment Committee Act or this Act, be liable to pay the cost of such valuation, the said guardians shall charge the annual instalments, and the interest payable therewith, to such parish, and uiay recover the same as and with the usual contributions. 9. [^Clerkii of assessment cununittees to J'ltrnlsh clerks of the ])eure icith totals of valnatioa. Ji'ep., as reijards London, 32 k 33 Vict. c. G7, 8. 77.] 10. If there be no map or plan of any y)arish available for the use or I'ower to suthcient for the purposes of the assessment committee, the committee {'°°'" ^^*' may, with the consent of the guardians, after notice as aforesaid, ami under f^^dt,- map the authority of an order of the Poor Law Board,* appoint a competent or i>ian to person to make a map or plan of such parish, and the cost thereof shall be made, be charged either to the common fund, or to the parish, as may be directed in' the Poor Law Board.* 11. [Peiialti/ on overseei's omitting to make declaration or making false declaration. Rep., as regards London, 32 k 33 Vict. c. 67, s. 77.] 12. The provisions of the Union A.ssessment Committee Act, 1862. 25 4: 2ri Vict, shall, so far as the same are not contrary hereto, be incorporated here- ^- ^^^ '"* with, and the terms used herein shall be construed in like manner as in i^.ere'wUir. that Act. 13. This Act may be cited as "The Union Assessment Committee Shon tiiie. Amendment Act, I8t)-t." 32 & 33 VICTORIA. A.D. 1869. CHAPTER 41. An Act for AMKNmxr. the Law with hespeit to the rating of Occupiers for short Ter.ms, am> the maki.ng and coLLEcriNc. of THE Poor's Rate. [26M J id if 1^69.] Q^cupiers of \^Preamble.\ tenements 1. Tlie occupii-r of any rateable hereditament let to him for a term not (^.^ms may exceeding three months shall be entitled to deduct the amount [lai*! by him deduct the in respect of any poor rate a.ssessed upon such hereditament from the rent poor rate due or accruiu" due to the owner, and every such pavment shall be a valid P"»d by them 1. 1 i> . 1 ^ i ii ^ ,. c L\ \ 1 fn>m their discharge of the rent to the e.\tent ot tlie rate so paiil. rents. 2. No such occupier .shall be compelleeers at one j^nionnt of time or within four weeks a greater amount of the rate than would be due rate ixiyable for one quarter of the year. l>.v occupier. 3. In case the rateable value of any lu'reditanitiit ilo. s not exct^d Owners may twenty pounds, if the hereditament is situate in the metro[)oli.s, . . . and jj*[^^^J|^ 'j^-^j the owner of such hereditament is willing to enter into an agreement in ^^ aii,,wi.d a writing with the overseers to l)ecome liable to them for the jxHir rates commission, assessed in respect of such hereditament, for any term not being less than ♦ Now the Local Government Board. See the Local tJovemmeut Bo.ard Act 1871, s. 2. 824 [Chap. 41.] The Poor Rate Assessment and Collection Act 1869. [32 & 33 Vict.] Vestries maj order the owner to be rated instead of the occupier. Owners omitting to pay rates before the fifth day of June to forfeit commission. Eepeal of 13 & 14 Vict. c. 99., etc.. so far as the same apply to the poor rate. Constructive payment of the rate. Where owners omit to pay rates, the one year from the date of such agreement, and to pay the poor rates whether the hereditament is occupied or not, the overseers may, subject nevertheless to the control of the vestry, agree with the o%vner to receive the rates from him, and to allow to him a commi.ssion not exceeding twenty-five per cent, on the amount thereof. [ Words oraitted (" or thirteen pounds if situate in any parish v:holli/ or parilij iritJiin tlce horovjjh of Liverpool, or ten pounds if sitvMte in any pansh vjholly or partly v:ithin the city of Manchtester or the borovgh of Birmingham, or eight pounds if situate elsevhere'') not aj)plicahle to London^ 4. The vestry* of any parish may from time to time order that the owner.s of all rateable hereditaments to which section three of this Act extends, situate within such parish, shall be rated to the poor rate in respect of such rateable hereditaments, instead of the occupiers, on all rates made after the date of such order ; and thereupon and so long as such order shall be in force the following enactments shall have effect : 1. The overseers shall rate the owners instead of the occupiers, and shall allow to them an abatement or deduction of lifteen per centum from the amount of the rate : 2. If the owner of one or more such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for any term not being less than one year in respect of all such rateable hereditaments of which he is the owner, whether the same be occupied or not, the overseers shall rate such owner accordingly, and allow to him a further abatement or deduction not exceeding fifteen per centum from the amount of the rate during the time he is so rated : 3. The vestry * may by resolution rescind any such order after a day to be fixed, by them, such day being not less than .six months after the pas.sing of .such resolution, but the order shall continue in force with respect to all rates made before the date on which the resolution takes effect : Provided that this clause shall not be applicable to any rateable hereditament in which a dwelling-house shall not be included. 5. ^^ hen an owner who has become liable to pay the poor rate omits or neglects to pay, before the fifth day of June in any year, any rate or any in.stalment thereof which has become due previously to the preceding fifth day of January, and has been duly demanded by a demand-note delivered to him or left at his usual or last known place of abode, he shall not be entitled to deduct or leceive any commission, abatement, or allowance to which he would, except for such omission or neglect, be entitled under this Act, but shall be liable to pav, and shall pa}', such rate or instalment in full. 6. The statute thirteenth and fourteenth "Victoria, chapter ninety-nine,t 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, are hereby repealed, so far as the same apply to any poor rate made after this Act comes into operation. 7. Every payment of a rate by the occupier, notwithstanding the amount thereof may be deducted from his rent as herein provided, and every payment of a late by the owner, whether he is himself rated in.stead of the occupier, or has agreed with the occupier or with the overseers to pay such rate, and notwithstanding any allowance or deduction which the overseers are empowered to make from the rate, shall be deemed a payment of the full rate by the occupier for the purpose of any qualification or franchise which as regards rating depends upon the payment of the poor rate. ['nf. and rn «i t ooc [32 & 33 Vict.] Collection Ad l.GO. ^^^^''' ^^^ ^^5 become liaVjle to pay the Hainc, omits or neglects to pay any Hiich rate, the <'<-<;u piers pay- occupier may pay the same and tle(hict tlie amount from tlie rent due or i"J^ t'je same acci'uing due to the owner, and the receipt for such rate shall F>e a valid the amount discharge of the rent to the extent of the rate so paid. from tberent. 9. Every owner who agrees with tlu' over.seers to pay the prxjr rat**, or Owners t^> who is rated or liahlo to be rated for any hereditament instead of the ^'''^'" ''.'^'•'* ^^ occupier, shall deliver to the overseers, from time to time, when required !^j,j {'j'lyj y^ by them, in writing, a list containing the names of the actual occupit-rs of jHinalty for the liereditaincnts conijirised in such agroement, oi- for which he is so lated wilful omis- or liable to Ik- rated ; and if any siicli owner wilfully omits to deliver such **'""• list when required to do so, or wilfully omits therefrom or mis-states therein the name of any (xcupier, he shall for every such omi.ssion or misstatement be liable, on summary conviction, to a penalty not exceeding two pounds. 10. Section twenty-eight of " The Representation of the People Act, Notice to 18(37," with respect to notice to be given of rates in arrear, shall apply to ^^^'W^^^^^^ occupiers of premises capable of conferring the parliamentary franchise, arrear although the owni'rs of such premises have becoun' liable for the i-ates assessed thereon under the provisions of this Act. 11. Where the owner has become liable to the payment of the poor rates. Liability of the rates due from hiuj, together with the costs and charges of levying and "wner under recovering tli« same, m;iy be levied on the goods of the owner, and be ^^'^*'^^^™'^'^ " recoveretl from him in the same way as poor rates may be recovered from the occupier. 12. Notwithstanding the owner of any such rateable hereditament as Kecovery of aforesaid has become liable for payment of the poor rates a.sse.ssed thereon, J"^**^ unpaid the goods and chattels of the occupier shall be liable to be di.strained and sold for payn)ent of such rates as may accrue during his occupation of the premises, at any time whilst such rates remain unpaid by the owner, subject to the following provisions : 1. That no such distress shall be levied unless the rate has been demanded in wTiting by the overseers from the occupier, and the occupier has failed to pav the same within fourteen days after the service of such demand : 2. That no greater sum shall be raised by such distress than shall at the time of making the same be actually due from the occujuer for rent of the premises on which thr distress is made : 3. That any sucli occupirr shall l)c- entitled to dednrt the amount of rates for which such distraint is made, and the expense of distraint, from the rent due or accruin<; due to the o\\-ner, ;inil everv such payment shall be a valid discharge of the rent to the extent of the rate and expenses ])aid. 13. Every owner of any hereditament for the rates of which he has Owner may become liable .shall have the same right of apfieal (subject to the same !^^|^.^/"^*°** conditions and consequences) against the valuation lists aiid the poor rates jj'gj, ^^^^j ^^^ as if he were the occui>ier thereof. 14. The overseers of every parish when they make a poor rate shall set The overseer forth in the title of the rate'the period for which the .same is estimated, '*^'^^*j'jJJ}*f^J'® and if the same is pay;ible by instalments the amount of each instalment „.j,j^j, p,^^ and the date at which each instalment is payable; proviiled that it the rate is made, necessities of the parish .shall re<|uire it another nite nuxy l>e made proviso, before such period shall have elajised. 15. The overseei-s who make the poor rate for a ]>eriod excelling three Overseers months may declare that the same shall be }iaid by instalments at >uch '"^|.^' '"•^''e times as they shall specify, and tlu'reupon each instalment only shall l^e l^jy^bTg ^v enforceable as and when it falls due, aiul the p.ayment of any such instalments, instalment shall, as respects any (pialilication or franchise depending upon the payment of the poor rati', be deemed a payment of such rate in re.spect of the period to which such instalment applies. 826 Provision for successive occupiers, and for occu- piers coming into unoccu- pied here- ditaments. [Chap. 41.] The Poor Rate Assessment and Collection Act 1869. [32 & 33 Vict.] When the poor rate shall be deemed to be made. Evidence of making and publication of rates. Overseers to insert names of all occu- piers in the rate. Penalty for omission. Saving of franchises. Int-erpreta- tion of terms. 16. If the cccupier a.ssessed in the rate when made shall cease to occupy before the rate shall have been wholly discharged, or if the hereditament being unoccupied at the time of the making of the rate become occupied during the period for which the rate is made, the overseers shall enter in the rate book the name of the person who succeeds or comes into the occupation, as the case may be, and the date when such occupation commences, so far as the same shall be known to them, and such occupier shall thenceforth be deemed to have been actually rated from the date so entered by the overseer, and shall bo liable to pay so much of the rate as shall be proportionate to the time between the commencement of his occupation and the expiration of the period for which the rate was made, in like manner, and with the like remedy of appeal, as if he had been rated when the rate was made ; and an outgoing occupier shall remain liable in like manner for so much and no more of the rate as is proportionate to the time of his occupation within the period for which the rate was made. . . . [/b'ee the Foot Rate Assessment and Collection Act 1869 Amendment Act 1882, s. 3.* Part omitted {repeal of 17 Geo. 2, c. 38, s. 12) rep. 46 & 47 Vict, c. 39 {S.L.R.).'] 17. A 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. 18. The production of the book purporting to contain a poor rate, with the allowance of the rate Ijy the Justices, shall, if the rate is made in the form prescribed by law, be prima facie evidence of the due making and puljlication of such rate. 19. The overseers in making out the poor rate shall, in every case, whether the rate is collected from the owner or occupier, or the owner is liable to the payment of the rate instead of the occupier, enter in the occupiers column of the rate book the name of the occupier of every rateable hereditament, and such occupier shall be deemed to be duly rated for any qualification or franchise as aforesaid t ; and if any overseer negligently or wilfully and without reasonable cause omits the name of the occupier of any rateable hereditament from the rate, or negligently or wilfully misstates any name therein, such overseer shall for every such omission or misstatement be liable on summary conviction to a penalty not exceeding two pounds ; provided that any occupier whose name has been omitted shall, notwithstanding such omission and that no claim to be rated has been made by him, be entitled to every qualification and franchise depending upon rating, in the same manner as if his name had not been so omitted. 20. The word " overseer "t shall include every authority that makes an a.ssessment for the poor rate ; the words " poor rate " shall mean the assessment for the relief of the poor, and for the other purposes chargeable thereon according to law, and in the metropolis shall extend to every rate made by the overseers, and chargeable upon the same property as the poor rate; the word " owner "§ shall mean any person receiving or claiming * S. .S of the I'oor Rate Assessment and Collection Act 18r,9 Amendment Act 1882 is as follows : " 3. The provisions of the sixteenth .'section of the Poor Rate Assess- ment and Collection Act, 1869, so far as regards the payment of rates by an outgoing occupier, shall extend and apply to any outgoing occupier assessed in the rate, and such outgoing occupier shall only be liable to pay so much of the rate as shall be proportionate to the time of his occupation within the period for which the rate was made, notwithstanding he may not be succeeded in his occupation by an incoming tenant." f See the l*arliamentary and Municipal Registration Act 1878, s. 14 (which enacts that this section "shall be of general application"), and the Representation of the People Act 1884, s. 9 (8). X See 62 & 63 Vict. c. 14. s. 11 (1). § See the Rei)resentation of the People Act 1884, s. 9 (8), which enacts {infer alia) that in the construction of the Poor Rate Assessment and Collection Act 1S69 "the word ' owner ' shall be deemed to include a person actually rated or liable to be rated." [33 & 34 Vict.] The Tramwaj/8 Act 1870. [Chap. 78.] 827 the rent of the hereditament for his own use, or repeivin? the same for the use of any c-orporution aj^^'n-^ate, or (jf any public conipiiny, olice court for the district. Part I. 4—18. [Provisions relutiivj to p-ocedure by Provisional Order for the construction of tramways.'\\ * See 62 & 03 Vict. c. 11. ss. 4 and 19. t These sections are omitted, us I'rovisional Order procedure has become unusual in I^oudon. 828 [Chap. 78.] The Tramicays Act 1870. [33 & 34 Vict.] Local autho- rity may lease or take tolls. s. -z ; 63 & 64 c. ccxviii. s. 12 c. ccxxxi. s. 23 ; 19. . . . Where any local authority has under the provisions of this Act acquired possession of any tramway, such authority may, with the consent of the Board of Trade, and subject to the provisions of this Act, by lease, to be approved of by tlie Board of Trade, demise to any person, persons, corporation, or company, the right of user by such person, persons, corpoi'ation, or company of the tramway, and of demanding and taking in respect of the same the tolls and charges authorised ; 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 authorised ; but nothing in this Act contained shall authorise any local authority to place or run carriages upon such tramway, and to demand and take tolls and chai'ges in respect of the use of such carriages. [/s Act 1870. [Chap. 78.] 829 23. In Part II. and Part III. of this Act, the term " spfcial Act" shall "Special be c(jristrnetl to mean any Act of Parliament which sliall be hereafter Act." passed or any Provisional Order authorising the construction of a tramway, and with which the said jiarts of this Act shall he incorporated as aforesaid. 24. The term "the pi'omoters " shall mefin any peison, perMjns, " J'romoters," corporation, company, or local authority authorisetl by sj>ecial Act to construct a tramway. 25. Every tramway which is hereafter authorised by special Act shall Mode of be constructed on such gauj^e as may be prescril)ed by such special Act, formation of and if no gauge is thereby prescribed, on such gauge as will atlmit of the *^'"''™^*J«- use upon such tramways of carriages constructed 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 up])ernu)st surface of the rail shall be on a level with the surface of the road, and shall not be openeil for piililic traffic until the same has been inspected and certified to be fit for such traffic, ill the prescribed manner. 26. The ])romoters from time to time, for the purpose of making, rower to forming, laying down, maintaining, and renewing' any tramway es, without the consent of such company or {)erson, or in any other manner than such company or pei-son shall approve, until good and sufficient mains, pipes, valves, syphons, plugs, and other works necessary or proper for continuing the supply of water or gas or telegraphic or other communication, as sutliciently as the same was supplied by the mains or pipes, tubes, wires, or apparatus proposed to be removed or displaced, shall at the exjH>nse 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 engimvr and the promoters, as an engineer appointed l)y the Boartl of Trade shall direct : 3. 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 : 832 [Chap. 78.] The Tramways Act 1870. [33 & 34 Vict.] For pro- tectiou of sewers, etc. Rights of authorities and com- panies, etc. to open roads. 4. The promoters shall make good all damage done by them to pro- perty belonging to or conti-olled by any such company or person, and shall make full compensation to all parties foi' any loss or damage which they may sustain by reason of any interference with 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. - \See G3 it 64 Vict. c. ccxxxviii. ss. 5, 15, and 16.] 31. Where in any district any tramway or any work connected there- with interferes with any sewer, drain, watercoui'se, subway, defence, or work in such district, or in any way alFects the sewerage or drainage of such district, the promoters shall not commence any tramway or work until they shall have given to the proper authoi'ity fourteen days previous notice in writing of their intention to commence 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 confoi'm to all reasonable directions and regulations of the said authority in the execution of the said works, and shall provide by new, altered, or substituted works, in such manner as such authority shall reasonably I'oquire, for the proper protection of and for preventing injury or impediment to the sewers and works hei-ein-before 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, 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, altei'ed, 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 authoi-ity 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 load along or across which any tramway is laid, or any other power vested in any local authority or road authority for any of the purposes for which such authority is respectively constituted, or in any compan}', 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, wii-es, or apparatus for telegraphic or other purposes, but in the exercise of such power every such local authority, road authority, company, body, or i:)erson shall be subject to the following restrictions ; (that is to say,) 1 . They shall cause as little detriment or inconvenience to the promoters 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 intention 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 cotnpensation for injury done to the tramway by the execution [33 & 34 Vict.] The Tramways Act 1870. [Chap. 78.] 833 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 traflic on tlie tramway to which the notice shall refer, where it would otherwise interfere witli 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 loc;il 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 supi-rin- tendence 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 satisfaction of the promotei-s : Provided that any additional expense imposed upon them by reason of the existence of the tramway in any road or place where any such mains, pipes, tubes, wires, or apparatus shall have been laid before the construction of such tramway shall be borne by the promoters. 33. If any difference arises between the promoters or lessees on the one Difference hand and any local authority or road authority, or any gas or water between company, or any company, body, or person to whom any sewer, diain, tube, f^rf/'^^'^r** wires, or apparatus for telegraphic or other purposes may belong, or any authurit}-, other company, on the other hand, with respect to any interference or etc. control exercised, or claimed to be exercised, by them or him, or on theii' or his behalf, or by the promoters or lessees by virtue of this Act, in relation to any tramway or work, or in relation to any work or proceeding of the local authority, road authority, 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 liy oi- comprised in this Act, the matter in difference shall (unless otherwise specially provided by this Act) be settled by an engineer or other lit person nominated as referee by the Board of Trade on the application of either party, and the expenses of the reference shiill be borne and paid as the referee directs. \See 63 h 6-i Vict, c. ccxxxviii. s. 11.] Part III. General Provisions. Carriages. 34. The promoters of tramways authorised by special Act and their Power for lessees may use on their tramways carriages with flange wheels or wheels promoters to •i ui 1 J. ii 1 111 1 4 i^ 1 1 ; * t^ *i,^ "i'e tramwavs suitable only to run on the rail luvscribed by such Act ; anil, subject to the ^^.j^j^ tiamre-' provisions of such special Act and of this Act, the promoters and their wheeled lessees shall have the exclusive use of their tramways for carriages with carriages, etc. flange wheels or other wheels suitable only to run on the prescril>ed rail. All carriages 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. 54 834 [Chap. 78.] The Tramways Act 1870. [33 & 34 Vict.] No carriage used on any tramway which is hereafter authorised by special Act shall extend beyond the outer edge of the wheels of such carriage more than eleven inches on each side. \See 63 & 64 Vict. cc. ccxxxviii. s. 3, and cclxx. ss. 36 and 37 ; 1 Edw. 7, c. cclxxi. s. 18 ; 2 Edio. 7, cc. ecxviii. s. 12, atid ccxix. s. 8 ; 3 Edio. 7, c. ccxix. s. 9 ; i Edw. 7, c. ccxxxi. s. 16 ; and 6 Edw. 7, c. clxxxi. s. 6.] Licenses to use the traniwav may in cer- tain events be granted to third parties by the Board of Trade. In default of payment of tolls licensee's carriages may be detained and sold. Licensees to give account of passengers carried by them. Licenses to use Tramways. 35. If at any time after any tramway or j^art of any tramway shall have been for three years opened for public traffic in any district it shall be represented in writing to the Board of Trade by the local authority of such district, or by twenty inhabitant ratepayers of such district, or by the road authority of any road in which such tramway or part of a tramway is laid, that the public ai'e deprived of the full benefit of the tramway, the Board of Trade may (if they consider that, prima facie, the case is one for inquiry) direct an inquiry by a referee under this Act into the truth of the representation, and if the referee report that the truth of the repre- sentation 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 promotei-s or their lessees for such traffic as is authorised by the special Act, with carriages to be approved by the Board, subject to the following 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 fit : 2. The license shall be to use 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 authorised for that purpose by the promoters, or by their lessees, to ride free of charge in or upon each carriage of the licensee or licensees run 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. 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 svich 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. 37. Every licensee shall on demand give to an officer or servant authorised in that behalf by the promoters or their lessees entitled to be paid tolls by such licensee, an exact account in writing signed by such licensee of the number of passengers conveyed by any and every carriage used by him on the tramways. [33 & 34 Vict.] The Tramways Act 1870. [Chap. 78.] 835 38. If any such licensee fails to give such account to such oHicer or Licei • - seivuut demanding the same as aforesaid, or if any such licensee with "'^'^ '-'' - intent to avoid the payment of any tolls gives a false account, he shall for ^^^Ij'enl'ers every such ofl'ence forfeit to the promoters, or to their lessees entitled to iarrieaid powers of the promoters shall cease and determine, unless the same are purchased by the local authority in manner by this Act provided. Where any such order has been made, the road authority of such district may at any time after the expiration 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 tramway 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 bv the clerk for the time being, or by some other authorised 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 preWous notice to the promoters (but without prejuiiice to any other remedy which they may have for the recovery of the amount), sell and dispose of the materials of the tramwav or part of tramway removed, either by public aui-tion or private sale, and for such sum or sums, and to such person or jK-r.^ons, as the road authority may think tit, and may out of the proceeils of such sale pay and reimburse themselves the amount of the cost certifietl as aforesaid and of the cost of s;ile, and the balance (if any) of the proceeds of the sale shall be paid over by the road authority to the promoters. 42. [Proceedings in case of insolvency of promoters^ 836 Future purchase of undertaking by local authority. [Chap. 78.] • The Tramways Act 1870. [33 & 34 Vict.] PurcJiase of Tramvmys. 43. Where the promoters of a tramway 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 months after the expiration of a period of twenty-one 3'ears from the time when such promoters were empowered to construct such tramway, and within six months after the expii-ation of every sub- sequent period of seven years, or within three months after any order made by the Boai'd of Trade under eitlier of the two next preceding sections, with the approval of the Board of Trade, by notico in writing require such promoters to sell, and thereupon 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 undertaking, or any compensation for compulsory sale, or other consideration 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 difierence determined by an engineer or other fit person nominated as referee by the Board of Trade on the application 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 Tiude 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 Provisional Order under this Act, and in reference to the same they shall 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 authoi^ity are usually given, nor unless two thirds of the members constituting such local authority are present and vote at the meeting, and a majority of those present and voting concur in the resolution. . . . The local authority in any district may pay the purchase money and all expenses incurred by them in the purchase of any undertaking 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. [See s. 20. [ t • • • -• • Subject and according to the preceding provisions of this section two or more local authorities may jointly purchase any undei-taking or so much of the same as is within their districts. [Parts omitted refer to Scotland and to cases v;here the local rate is limited hy lawi\ Power of sale. 44. Where any tramway in any district has been opened for traffic for a period of six months the promoters may, with the consent of the Board of Trade, sell their undertaking to any person, persons, corporation, or company, or to the local autliority of such district ; and when any such sale has been made all the rights, powers, authorities, obligations, 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, company, 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. [33 & 34 Vict.] The Tramways Act 1870. [Chap. 78.] 837 Provided always, that a local authority shall not purchase any under- taking' undei- the pi'ovisions of this section unless they shall decide to make such purcluise by resolution passed at a special Uieeting of the memlx-rs constituting such local authority, which resolution shall be made in the same manner and shall be subject to the same condititjns as to \alidity as resolutions made in regard to the purchases by the next preceding section authorised. Whore any purchase is made by any local authority under the provisions of this section, such l(x;al authority may pay the purchase 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 liktj conditions as if such purchase were made under the authority of the next preceding section. Tolls. 45. The promoters or lessees of a tramway authorised by special Tolls, etc. Act may denumd 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 authorised to be taken shall be exhibited in a conspicuous place inside and outside each of the carriages used upon the tramways. [See note to s. 19.] Jiyela v:s. * 46. Subject to the provisions of the special Act authorising anv tramway Bvelaws and this Act, " ''Vb''*! The local authority of any district in which the same is laid down may, ^" ^"^' from time to time, make regulations as to the following matters : Tlie 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 tratiic on the road in which the tramway is laid : The promoters of any tramway and their lessees may from time to time Promoters make regulation..,- . . ^ . . . S^r"' For preventing the commission of any nuisance in or upon any carriage, regulations, or in or again.st any premises belonging to them : For regulating the travelling in or upon any carriage belonging to them. And for better enforcing the observance of all or any of such regulations, it shall be lawful for such local authority and promoters respectively to make byelaws for all or any of the aforesaid i)urposes, and from time to time repeal or alter such l)yelaws, and make new byelaws, provided tliat such byelaws be not repugnant to the hiws of that part of the United Kingdom where the same are to have eftect : Notice of the making of any bvelaw under the provisions of this Act shall be published by the local authority or the promotei-s making the same by advertisement, according to the regulations containetl in Part II. of the Schedule (C.) to this Act annexed, and unless such notice is published in manner aforesaid such byelaw shall be disjilU)wed by the Board of Trade. No such byelaw shall have any force or efTect which shall l)e disallowt»hall U; lawful for such pruuioters or lt's.sees to refuse to take any parcel that they may suspect to contain goods of a dangeroiLs nature, or require the same to be opened to ascertain the fact. 64. If any person (except under a lease from or by agreement with the I'fnalty for promoters, or under license from the Board of Trade, as bv this Act pro- P*^.'"''^"'* •1 i\ i ^ ^\ p -.1 • 1/1 usiiit' tram- viued,) us&s a tramway or any i)art thereof with carnages havnig flange ^ays with wheels or other wheels suitable only to run on the rail of such tramway, carriages such person shall for every such offence be liable to a j)enalty not exceeding with (ianpe twenty pounds, wheels, etc. M iscella-iieous. 66. The jiromoters or lessees, as the case may Ix?, shall be answerable fromoiers or for all accident, damages, and injuries happening through their act or ''-'^•'^f* ■"* !"^ defaidt, or through the act or default of any person in their employment f^r'an"' ** by reason or in consequence of any of their works or carriages, and shall damages, save harndess all road and other authorities, companies, or bodies, collec- tively and individuall}', and their officers and servants, from all damage.s and costs in respect of such accidents, damages, and injuries. 56. All tolls, penalties, and charges under this Act, or under any bye- Eecovery law made in pursuance of this Act, may be recovered and enforced as ^^ ^o\\s, follows ; in England before two Justices of the Peace in manner directed ^^°* ^^' by the Act of the session of the eleventh and twelfth years of the reign of Iler 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 Act amending the same. . . . \^Part omitted relates to recovery of penalties in Scotland,^ 67. Notwithstanding anything in this Act contained the promoters of Right of any tramway shall not ac(|uire or be deemed to acquire any right other ^^^^ only, than that of user of any road along or across which they lay any tramway. . . . \^Part omitted (as to turnpike tolls) rep. 5G k 57 Vict. c. 54: (.S'.Z.7i'.).] 68. [-Is to aqreements between promotei's and tiniipike trustees. Hep. 56 c^- 57 Vict. c. 54 {S.L.R.).] 69. Nothing in this Act shall limit or interfere with the rights of any Reser^-atioa owner, lessee, or occupier of any mines or minerals lying undtT or adjacent "^ right,-* of to any road along or across which anv tramwav shall lie laid to work such ^'^^''*-|"»® ^• ■ 11 1 11 ■ 1 "i • V r 1 1 °' mines, mines and minerals, nor sliall any such owner, lessee, or occupier re liable to make good or pay compensation for any damage which may be occasioned to such tramway by the working in the usual and ordinary course of their mines or minerals. 60. Nothing in this Act shall take away or affect any power which any pji^y^.^^ ,,f road authority, or the owners, commissioners, undert^ikei-s, or lessees of any street autbo- railway, tramway, or inland navigation, may have by law to widen, alter, rities to divert, or improve any road, railway, tramwav, or inland mwigation. widen, etc. ' ./ ' . » . ' o roads. 61. Nothing in this Act shall limit the powers of the loc-al authority or i.,,^^,^ for police in any district to regulate the passjige of any traffic along or across local or any road along or across which any tramways are laid down, and such police autho* authority or police may exercise their authority as well on as off the "ties to tramway, and with respect as well to the trathc of the pix)motei-s or of [^^'^^-^ lessees as to the traffic of other jiei-sons. [See 2 & 3 Vict. c. 47, s«. 51 roads. and 52; 30 & 31 Vict. c. 134, s. 24 ; and 6 Edir. 7, c. dxxxi. .s\ 12.] 840 [Chap. 78.] The Tramways Act 1870. [33 & 34 Vict.] Reservation of right of public to use roads. Regulating inquiries before referee appointed by the Board of Trade. Rules for carrying Act into effect. 62. Nothing in this Act or in any byelaw made under this Act shall take away or abridge the right of the public to pass along or across every or any part of any road along or across which any tramway is laid, whether on or off the tramway, with carriages not having Hange 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 empowered to make or direct shall be made in accordance with the following provisions : 1. The inquiry shall be held in public before an officer to be appointed in that behalf by the Board, herein-after 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 himself, 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 ancwer any question put to him by such referee for the purposes of the said inquiry shall be liable to a ^lenalty not exceeding five pounds : Provided always, that no person shall be required to attend in obedience to any such summons unless 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 writing, and shall deliver copies of the report upon request to all or any of the parties to the inquii-y. 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 following 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 investment 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 promoters 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. [33 & 34 Vict.] The Tramways Act 1870. [Chap. 78.] 841 SCHEDULE A. Pakt I. Districts of Local Authorities. D(f.Ht,Tii)tion (jf L(K;al Authority of District set opjxjsite its Name. The IjOiiaA Rate. The city of London and the liberties thereof. England and Wales. Tlie Mayor, Aldermen, and Commons of the Cit}' of London. The Metropolitan Board of Works.* The metropolis (1.) . [Part omitted relates to anthoritiig, districts, and rates outside London.'] The consolifiate<55.f The board of works for the district appointed for the purpo.se of the Metropolis Manage- ment Act, 1855. t Note. — (1.) The term " metropolis " has in this part the same meaning as in Part I. of this Schedule. SCHEDULE C. Part I. Notice and Deposit of Lease bi/ Local A uthority. One month before any lease is submitted to the Board of Trade, notice of the intention to make such lease shall be given by advertisement. (1.) P]very advertisement is to contain — 1. The term of the lease. 2. The rent reserved. 3. A general description of the covenants and conditions contained 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 twosucce.'-sive 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 * Now the London County Council. See 51 .^ 52 Vict. c. 41. s, -10 (M). t Now the metropolitan " borouglis and the councils thereof respectively. See 62 & 63 Vict. c. 14, sg. 4 and 19. 842 [Chap. 113.] The Metropolis Water Act 1871. [34 & 35 Vict. 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 news- paper 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 Scotland. Dejjosit. 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 convenient place within the district to which such lease relates. Part II. Notice of Byelaws. Within one month after the making of any byelaw notice of the making of the same, and a copy of such byelaw, 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 byelaw : 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 adjoining 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 Scotland. 34 & 35 VICTORIA. A.D. 1871. Short title. This and recited Act to be as one. Interpreta- tion of terms, CHAPTER 113. Ax Act to amend "The Metropolis Water Act, 1852;" akd to MAKE FURTHER PROVISION FOR THE DUE SUPPLY OF WaTER TO THE Metropolis and certain Places in the Keighbourhood thereof. [list August 1871.] [Preamble (reciting 15 & 16 Vict. c. 84) rep. 56 &. 57 Vict. c. 54 Preliminary. 1. This Act may be cited for all purposes as " The Metropolis ^Yater Act, 1871." 2. This Act and the Metropolis Water Act, 1852, as the same is amended by this Act, shall be read and construed together as one Act. 3. In this Act,— The expression " the metropolis " shall mean the metropolis as defined by the Metropolis Management Act, 1855 : The term " company " shall mean and include any of the companies * following ; that is to saj', — * 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 ; The Company of Proprietors of Lambeth Waterworks ; The Governor and Company of Chelsea Waterworks ; * The Grand Junction Waterworks Company ; * The Company of Proprietors of the Kent Waterworks ; * Now the Metropolitan Water Board. See 2 Edw. 7, c. 41, s. 1. [34 & 35 Vict.] T/ie Metro/Jon's Water Act 1871. [Chap. 113.] 843 and also any otlier forporation, company, board, c-om- mlssioneis, association, pei-son, i>CTsons, or partnership, for the time being supplying water tor domestic use* within the limits of this Act : The term " person " shall include a corporation aggregate or .sole [see 52 ct 53 Vict. c. 03, h.2\: The expres.'e in force Limits of Act. and have effect (in this Act referretl to as " the limits of this Act ") shall include the metropolis and the .several places set out in tin- Schedule to the Metropolis Water Ai-t, 1852, which do not form part of the metropoli.s. [See also 60 ct 61 Vict. c. 56, .v. 3.] 5. [Iiepeal of the parts of the ^fetroJyolis Water Act 1852 specified in Schedale B. Rep. 46 c^- 47 Vict. c. 31) {S.L.ll.).] 6. . . . Every comi)any shall on Suntlays as on other days supply Supply of sufficient pure and wholesome water for the domestic u.se • of the iidiabitants ^'''*'*;'' °° within their water limits. [Words omitted {"from and after the passing of ' ^° •" this Act ") rep. 56 & 57 Vict. c. 54 {S.L.H.).] ' • See 54 k 5') Vict. c. 7»>, s. 50. 844 [Chap. 113.] The Metropolis Water Act 1871. [34 & 35 Vict.] Companies to provide con- stant supply of water. Application for constant supply. Appeal to Board of Trade, Restriction as to com- pulsory supply by companies. Constant Sxtjyply. 7. Subject to the provisions of this Act, every company may, and . . . every company shall, when required so to do, in the manner directed by this Act, provide and keep throughout their water limits, or throughout such parts of such limits as they may be required in manner aforesaid, a constant supply of pure and wholesome water sufficient for the domestic purposes * 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 continue to give to such inhabitants a constant supply for domestic purposes * in manner prescribed. \Extended as to East Ham hy the East Ham Imjyi'oveTnent Act 1898, s. 51, and as to Leyton hy the Leyton Urban District Council Act 1898, s. 56. Words omitted {^'from, and after eight months from the passing of this Act") rep. 56 & 57 Vict. c. 54 [S.L.R.).^ 8. . . . The metropolitan authority shall, whenever they are of opinion that there should be in any district a constant 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 with- out any such application propose to the metropolitan authority to give a constant supply in any district. [U'wcZs omitted ['■^ at any time after the expiration of six months from the passing of this Act ") rep. 56 & 57 Vict, c. 54 {.S.L.E.).] 9. When application has been made to any company requiring such company to provide a constant suppl}', 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 recjuisi- tion 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 memoi'ial to the Board of Trade,t setting forth their objections to such requisition or proposal, and the party pre- senting such memorial, or such company, shall give notice to the other party of the jiresentation of such memorial, and shall transmit to such party a copy of the same. The Board of Trade t shall, as soon as con- veniently 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 any premises in any district until the regulations provided for by this Act are made and are in operation within such district, or if it can be shown by such company that at any time after the expiration of two months from the time of the service of any requisition for constant supply more than one fifth of the premises in such district are not pro\'idtd with the pre- scribed fittings, without prejudice nevertheless 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 pre'5cribed fittings, or to cause the fittings in such premises to be repaired so as to prevent any waste of * See 54 & 5.5 Vict. c. 76, s. 50. t Now the Local Government Board. See the Public Health Act 1872, s. 35 ; the Public Health Act 1875, s. 343, and Sch. V. Parts 1. and III. ; and 54 & 55 Vict. c. 76, s. 142. [34 & 35 Vict.] The Metropolis Water Ajct\^~A. [Chap. 113.] 845 water, and if any person fail to comply with the terms of kucIi notice the metropolitan autliority may provide for such premises the prescribed tittinf^s, or repair the fittings within the same, as the case may be. The expenses incurred by the metropolitan autliority in providing such fittings or in making such repairs shall Im; paid to them by the |)erson liable to pay the rate for the water supplied, or on whose credit the water is supplied, or by the ownecting the payment of the expenses of any such works as aforesaid. 11. It shall be lawful for the Board of Trade,* at any time ... to Power to require a constant supply to be provided in an}' district by the company j^*^"* °^ within the water limits of which such district is .situate, upon complaint j-p'^yj^g con- made, and in case it appears to such Board, after due inquiry, — stant supply, That the metroitolitan autliority refuses to make or unreasonably delays in certain making application for such con.stant supply, or cases. That, by reason of the insutliciency of the existing supply of water in such district, or the unwholesomeness of such water in consequence of its being improi)eily stored, the health of the inhabitants of such district is or is likely to be prejudicially atfected. []Vords omitted {^^ after the expiration of six mont/is from the passing of this Act") rep. 56 & 57 Vict. c. 54 {S.LM.).] 12. Where a constant supply is required in any district, notice to that Notice re- effect shall be served, on behalf of the party requiring the .same, upon the q"inn^ or company required to provide such sujiply ; and where a constant supply is |j*,'^[j'^t'^j l)roposed to be given in any district by any company, notice to that effect supply to be shall be served on behalf of such company upon the metropolitan authority, servetl ujxDn In every such notice shall be stated accurately the district in which such ntiguity with or in close ^^"|j|.'j^' '" neighbourhood to one another, the following further provisions shall have l;^^^^*',.^ effect ; that is to say, * See note to s. *.\ 846 [Chap. 113.] The Metropolis Water Act 1871. [34 & 35 Vict.] Provision for case of frost, etc. Penalties for non-compli- ance with preceding provisions. Company may make regulations. Amendment of regula- tions. In case of default by companies, Board of Trade may appoint person to report as to regulations, and may make same. (1.) If at any time it appears to the Board of Trade,* on the report of the nuisance authority,! as defined by the Sanitary Act, 1866, J that a constant supply cannot be well and effectually provided for that group or number of dwelling-houses, except by means of a stand-pipe or other apparatus placed outside the dwelling-houses the Board of Trade * 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 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 * shall direct : (3,) The Board of Trade * may at any time abrogate, wholly or in part, the order, or may originally grant it only for a limited period. [6'ee 57 Geo. 3, c. xxix. s. 21.] 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 unavoidable cause or accident. 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 provisions continues after they shall have received notice in writing from the Board of Trade * to discontinue such violation, refusal, or neglect as aforesaid. Regidations. §17. Every company shall, within six months after the passing of this Act, make regulations for the purpose for which regulations may be made under the authority of section 26 of the Metropolis Water Act, 1852, and the provisions of tlaat section shall apply also to the preventing of undue consumption or contamination of water. § 18. Any company, if it thinks tit, or if requested so to do by the Board of Trade,* may repeal or alter any of the regulations made for the purposes aforesaid, or make new regulations instead of any of the same. § 19. In case any company does not make regulations within the time specified in this Act, or in case any company, on being requested in writing by the metropolitan authority, or by any ten consumers of the water sup- plied by that company, to repeal or alter any of the regulations for the time being in force, or to make new regulations instead of any of the same, refuses so to do, the Board of Trade * may, if they think fit, appoint a competent and impartial person of engineering knowledge and experience to report to them as to such regulations as may be necessary for the execu- tion of this Act, or as to the expediency of altering or repealing such * See note to s. 9. t Now, in London, the metropolitan borough councils, established by 62 & 63 Vict. c. 14. X Rep. and replaced, as regards London, by 54 k. 55 Vict. c. 76, s. 142. § See, as regards ss. 17—25, 62 & 63 Vict. c. 14, s. 5 (2). [34 & 35 Vict.] The Metropolis Water Act 1871. [Chai'. 113.] 847 regulations, or of making new regulations, in conformity with such refjuefct as aforesaid, and on the report of such person the Board of Trade * may make such regulations, repeal, or alterations as they think fit. t20. By any re^nihitions niado unolitan authority. t 22. No regulation, and no repeal or alteration of any regulation, Confirmation made under the authority of the Metropolis Water Act, 1852, or of this of regui^. Act, by a company, shall be of any force or effect unless and until the tions. same be submitted to and confirmed by the Board of Trade,* who may institute such incpiiry in relation thereto as they shall think fit, and who at such inquiry shall hear the metropolitan authority, and the comp:iny, 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 Boanl 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 hearing, with the like advice and assistance as aforesaid : Provided that no such regula- tion, repeal, or alteration shall be confirmed or made (as the case may be) by the Board of Trade * unless notice in that behalf shall have been given by the company to which the same relates, or by such j)erson as the Board of Trade * direct, in the " London Gazette " and in two daily morning newspapers circulated within the limits of this Act, one month at least before 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 ajul of the said company to the inspection of all persons, without fee or reward, and a copy of the same or of any part thereof shall bo furnished to every person who shall apply for the same, on payment of sixpence for every one hundred words contained in such copy. t 23. A printed copy of all regulations in force for the time being shall Publication be kept at the office of the metropolitan authority and of every company "/ reirula- within the limits of this Act, and all persons may at all reasonable times ^'*^°''" inspect such copy without payment, antl each company shall cause to be delivered a printed copy, authenticated l)y their seal, of all regulations for the time being in force to every person applying for the same, on payment of any sum not exceeding one shilling and sixpence for every such copy, and a printed copy of the regulations for the time being in forct> relative to any particular district only to every person applying for the same, on payment of any sum not exceeding threepence for every such copy. t24. All regulations, and every repeal of or alteration in any regula- Regulations tion made, shall, after publication in manner by the last proc.'ding section ^'^ ^ binding of this Act directed, be binding upon and be observed by all parties, and "1^^168. shall be sulficiont warrant for all persons acting under the same, and a company shall not be bound under any agreement to supply or continue to * See note to s. 9. t See, as regards ss. 17—25, G2 J^: t'.li Vict. c. 14, s. 5 (2). 848 [Chap. 113.] The Metropolis Water Act 1871. [34 & 35 Yict.] Evidence of regulations. Notice relating to constant supply to be published in London Gazette, etc. Company may issue notice upon owners and occupiers to provide prescribed fittings. Owner or occupier to provide prescribed fittings. In case of default by owner or occupier, company may provide or repair prescribed fittings. supply water to any premises unless such regulations 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 existence and of the due making, confirmation, and publication of such regulations in all prosecu- tions or proceedings under the same, without adducing proof of such seals, or of the fact of such confirmation or publication of such regulations or of any of the requirements of this Act relative thereto having been comjjlied with. Sujjply 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. 27. Where in any district any company is required or has proposed to pro\-ide a constant supply, such company may, at any time after the expiration of one month after the publication in the London Gazette of a copy of the notice requiring or proposing such constant supply, unless a memorial or application has been presented or made to the Board of Trade t objecting to such constant supply or seeking an extension of time, and if any such memorial or application has been presented or made, then at such time after the determination of the Board of Trade + in relation to such memorial or application as such 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 effect has been served shall, within two months after the date of the service of such notice, provide the prescribed fittings, and shall from time to time keep the same in proper repair. 29. Where in any district any company is required or has proposed to provide a constant supply, and Any owner or occupier of premises upon whom notice to provide pre- scribed fittings has been served by such company makes default in providing the prescribed fittings, such company, if they think fit, may provide such fittings ; or Where in any such district the fittings of any person are out of order, and not as prescribed, such company may by notice in writing require such person, within twenty-four hours after the date of the ser\T^ce of such notice, to cause the same to be repaired, so as to prevent any waste 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 supplied 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 summai-y 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 * See, as regards ss. 17—25, 62 & 63 Vict. c. 14, s. 5. f See note to s. 9. [34 & 35 Vict.] The Metropolis Water JcMSTl. [Chap. 113.] 849 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 Uj liable to pav the whole amount of such expenses and costs : Provided, that as between any such owner and occupier nothing herein contained shall be taken to aflect any contract made Ijetween them respecting the paymerit of the exi>ense8 of any such works as aforesaid. 30. Where in any district any company is required or has projiosed to Power to provide a constant supply, the officers or agents of such company, or of the enu-r pre- jjarty rp(|uiiinos(' by ^^'^^ fp"" the Board of Trade * may, at all reasonable times, enter any premi.ses anVuepah^ within such district, in order to inspect the premises for the purposes of of tittiuKs. this Act, and examine the same with a view to ascertain whether there ai'e in or abt)ut the same the presci-ibed tittings, or, where authorised under the provisions of this Act, to provide or repair the fittings ; and if any person hinder any such officer, agent, or person from entering and making such inspection or examination, or providing or repairing such fittings, every person so otlending shall for every such oilence be liable to a penalty not exceeding five pounds. 31. In the event of any dispute as to whether the fittings of any pereon Settlement are as jjrescribed, such dispute shall be settleil liy the court of summary <-'f disimtes 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 bintling on all parties. 32. Where in any district any company is required or has proposed to Penalties for provide a constant supply, — non-com- If any person supplied with water by such company wilfully orP "^*'\^y' negligently causes or suffers any fittings to be out of repair, or to be sions of Act. so used or contrived as that the water supplied to him by such company is or is likely to be wasted, misused, unduly consumed, or contaminated, or so as to occasion or allow the return of foul air or othei- 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 pro- visions 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 prejudice to any remedy against him in respect thereof) cut olf 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 oft' or ceasing to supply, the company shall within twenty-four hours thereafter give to the nuisance authority, t as defined by the Sanitary Act, 186G,t notice thereof. \See also 54 «.t 55 Vict. c. 76, s. 49.] 33. The absence in respect of any premises of the prescribed fittings Absence of after the prescril)ed time shall be a nuisance, within section II and V^'P*-'"" ^y^**''^ sections 12-19 (inclusive) of the Nuisances Removal Act for England, "r^^^i^o.": 1855,i and within all provisions of the same or any other Act applying, be a nuisance, 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 of the Nuisances Removal Act for England, 1855,+ unless and until the contrary is shown to the satisfaction of the Justices acting under that section. * See note to s. '.•. f See notes to s. 14. j Rep. (except as to the metropolis) by the Public Health Act 1^75. See ibid. ss. 35, ct seq. Whole Act rop. bv 54 -v 55 Vict. c. 7C. See il>io<'v< r in J^i-intc-! relation to the t-xecntion of this Act, or to any act, matter, or thing '"■'> '* incident to or consequent upon the e.xecution of the same, and where,"' the mt'thod of deteiiuininj,' any such question in dispute is not expressly ** provided for, such (juestion may, if the parties so desire, be settle or occupiers of any number of contiguous or neighbouring premises collec- tively, and when so addressed may be served on more ownei's and occupiei*s than one (so that separate copies be served on the respective owners and occupiers of the several premises concerned ; and any such instrument may be served on any owner, occupier, or other person either pei-sonally or by sending the same through the post in a letter addressed to him by name at his last known place of abode or business, or by delivering the sjime to some inmate at his last known or usual place of abotle or business, or in case of an occupier to any inumt<3 of the premises in resi>ect 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 Ije sufficient to affix it, or a copy thereof, on some conspicuous part of such premises. \]Vords omitted [" inai/ be cither in print or in irritim/ {//- ' ' / litho(jrap/i), or jxirtly in print and parti if in u'ritimj [inclndintj lith''. , ; and " print or)" rep. oG ses and in the maimer herein jyrovided.l^ 1. Tlie term " govoniing body " § in this Act .shall mean the council of any niunicipiil borough, tht* board of health, local Ixjard, cuuimi.-^.siunei-s, Interpreta- trustees, or other body acting under any general or local Act of Parliament *'^° terms, for the management, improvement, cleansing, paving, lighting, and other- wise governing places or districts, and the term "di.strict" shall mean the borough, place, township, or district within which the governing body may for the time being have jurisdiction. . . . [Part omitted relates to the borough of Cambridge.] 2. ^^'hen in the judgment of a governing body in any district it Ls expedient for such governing body to promote or oppose any local and Costs of personal Bill or Bills in Parliament, or to prosecute or defend any legal fj * r or proceedings necessary for the promotion or protection of the interests of ['■ the inhabitants of the district, it shall be lawful for such governing body t:^ to apply the borough fund, borough rate, or other the public funds or rates otlicr pro- underthe control of such governing body to the pavment of the ctvsts and ceedings for T ii i' 1 i.1 If] * li'iifht of m- expenses attending the same; and when there are .several tuiuis or rates j . ^^ under the control of the governing body, such governing body shall i, ion determine out ol which fund or funds, rate or rates, such expense shall ) .ud be payable, and in what proportions: Provided that nothing in thi.s Act 1 s contained shallauthori.se any governing body to promote any Bill in ^J^^PJ^'^^^ Parliament for the establishment of any gas or water works to compt te with any existing gas or water company established under any Act of Parliament : Provided that no powers contained in this clause shall aj)ply in any case where the promotion of or opposition to a Bill by a governing body has been decided by a Committee of either House of Parliament to be unreasonable or vexatious. [See G2 k 63 Vict. c. 14, *■. (tj).] 3. No payment to any member of a governing body for acting as Ko jiayment counsel or agent in promoting or opposing any such Bill shall be charged to member of as aroresaid. go^j^. . 4. Xo expense in relation to promoting or opposing any Bill or BiII-> in so chai>.i-'i. Parliament shall be charged as aforesaid unless incurred in pui-suance of a (-,,^,.; ,,f ^ro- resolution of an absolute majority of the whole numl)er of the governing i, body at a meeting of the governing body, after ten clear days notice <■! I'-i by public advertisement of '^such meeting and of the purpo.se ^•""'"'^'of in |^^^^ ^^^^^ ^^ some local newspaper publi.shed or circulating in the district, such notice ^j^^.j,,! to be in addition to the ordinary notices re(iuirecct of other matters, the approval of one of Her JIajestfs Secretaries of State, and in ciuse of the * Sbort title, " The Borough Funds Act, 1}<"2." See the Short Titles Act 1896. t Kep. by the ^lunicipal Corporations .\ct 1SS2, s. 5. % Kep. by the I'ublic Health Act 1.S75, s. 343. § See 51 ic 52 Vict. c. 41, s. 15. ills 854 [Chap. 89.] The Sanitary Law Amendment ro- f oo t- -i J.n874. [3. &38\iCT.] Proviso as to approval of Local Government Board, etc. to any such resolution. Costs to be examined. Power to direct local inqiury. Saving: clause. Act not to ex- tend to Bills if object attainable by Provisional Order. Act not to apply to the Metropolis. promotion of a Bill in Parliament no further expen.?e shall be incurred or charged as aforesaid after the deposit of the Bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held in pursuance of a similar notice not less than fourteen days after the deposit of the Bill in ParHament. . . . [^As to ic'ords in italics see 3 Edw. 7, c. 14, 5-. 8. Part omitted (as to the consent of oivners and ratepayers of the district being required to f/i'^raotions or oppositions) rep. 3 Edv:. 7, c. 14, s. 10. See ibid, s, 1 and 1st S'c/iedide] 5. The approval of the Local Government Board, . . , .shall not be given to any such resolution as aforesaid until the expiration of seven days after the second publication thereof, as provided by this Act, and in the mean- time any ratepayer within the district of the governing body may give notice in writing to the Local Government Board . . . objecting to such approval. [Wo7'ds omitted (" or one of Her Majesty s prrincipal Secretaries of State, as the case may be" and " or Secretary of State ") rejy. 3 Edv:. 7, c. 14, s. 10.] 6. All costs, charges, and expenses incurred under the provisions of this Act shall, before the same become chargeable, be examined and allowed by some person to be authorised ... by the Local Government Board . . . \Words omitted, {"by one of Her Majesty s jyi'inc^Kil Secretaries of State or,'' and " as the case may be") rep. 3 EdAc. 7, c. 14, s. 10.] 7. The Local Government Board . . . shall have power to direct a local inquixy to be held upon any application under this Act, by any person or persons whom they may respectively nominate for the purpose, and to charge the costs and expenses of such local inquiry upon the governing body or the person by whom such application shall be made. [Words omitted {"or one of Her JIajesty's p7'i7ici2)al Secretaries of State") rep. 3 Ediv. 7, c. 14, s. 10.] 8. Xothing in this Act shall extend or be construed to alter or afiect any special provision which is or shall be contained in any other Act for the pa\Tnent of the costs, charges, and expenses intended to be provided for by this Act, or to take away or diminish any rights or powers now possessed or enjoyed by any governing body, or which are or shall be vested in or exerciseable by the inhabitants of any district under any general or special Act. 9. [Eepeal of s. 14 of the Towns Imp'rovement Clauses Act 1847. Rep. 46 t 47 Vict. c. 39 {S.L.E.).] 10. The provisions of this Act shall not extend to apj^lications for any Bill in Parliament for any object which woidd, for the time being, be attainable by Provisional Order. 11. This Act .shall not extend or apply to Ireland or the city of London. . . . [Words omitted (" or the metroj)olitan area as defined by the Metropolitan Local Management Act 1855") rep. 3 Edw. 7, c. 14, s. 10.] 37 & 38 VICTORIA. A.D. 1874. CHAPTER 89. An Act to amexd axd extend the Sanitary Laws.* [7th Attgust 1874.] 46. [Regidations to be made by the local authority under s. 9 of 14 k 15 Vict. c. 28 to be confirmed by the Local Government Board instead of by a Secretary of State. SjJent. See 14 & 15 Vict. c. 28, s. 9, and note thereon.^ * Short title, "The Sanitary Law Amendment Act, 1874." See the Short Titles Act 1896. [38 & 39 Vict.] Public Health Act 1875. [Chap. 55.] 855 49. Tlio keeper of every common lodging hou.^e which Ls registered Notices cf unih-r the Common Lodging Houses Acts . . . shall, when required to Jo *^°°^™*^'* so Vjy the authoi-ity registering . . . the same, cause a notice with the words i,oif>.'pc<;tor i j be or ofKcer of the sanitary authority. aiti.xed on Such notice shall Ije allixed within one month after the registration . . . P^^™"***^- and shall lie c(jiitiimed undefaceil and legible .so long as the premises are used for the purpose. Every person who shall make default in this respect, or .shall neglect or refuse to aHix or renew such nntico after requisition in writing from the .sanitary authority, siiall be liable to a penalty not exceediuLT live pounds for every oftence, and of ten shillings for every day that the neglect shall continue after conviction. \^rarts omitted {as to slany /iter -ho uses) rep. 54 it 55 Vict. c. 70, s. 11:2.] 38 & 39 VICTORIA. A.D. 1875. CHAPTER 55. An Act for coxsolidating and amending the Acts relating to Public Health in England. [Wth Aiiyust 1875.] PART I. Prelhninari/. 1. This Act may be cited as the Puldic Health Act, L'^75. Short title. > • • ■ • • 4. In this Act, if not inconsistent with the context, the following words Definitions, and expressions have the meanings herein-after respectively assigned to them ; that is to say, . • • • • "Improvement Commissioners" means any commissioners trustees or other persons invested by any local Act with powers of town government and rating : " Union " means a union of parishes incorporated or united for the relief or maintenance of the poor under any pul)lic or local Act of Parlia- ment, and includts any parish subject to the jurisdiction of a separate board of guardians : " Person " includes any body of persons, wliether corporate or iinincorporate : " Local authority " means urban sanitary authority and rural sanitary authority : • ••••• " Lands" and '* promises " include messuages buildings, lands ea.«;ement.s and hereditaments of any tenure : " Owner " means the person for the time lieing receiving the rackrent of the lands or preniists in connexion 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 : 856 [Chap. 55.] Public Health Act 1875. [38 & 39 Vict.] " Eackrent " means rent which is not less than two-thirds of the full net annual value of the property out of which the rent arises ; and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant's rates and taxes, and tithe commutation rentcharge (if any), and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such rent : • • • • ■ • " Drain " means 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 therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed. " Sewer " includes sewers and drains of every description, except drains to which the word " drain " interpreted as aforesaid applies, and except drains vested in or under the control of any authority having the management of roads and not being a local authority under this Act. • ••••• *' Water company " means any person or body of persons corporate or unincorporate supplying or who may hereafter supply water for his or their own profit : " Waterworks " includes streams springs wells pumps reservoirs cisterns tanks aqueducts cuts sluices mains pipes culverts engines and all machinery lands buildings and things for supplying or used for supplying water, also the stock in trade of any water compan}^ PART III. SANITARY PROVISIONS. Sewerage and Drainage. Regulations as to Sewers and Drains. Sewage to be purified before being discharged into streams. 17. Nothing in this Act shall authorise any local authority to make or use an}'' sewer drain or outfall for the purpose of conveying sewage or filthy water into any natui'al stream or watercourse, or into any canal pond or lake until such sewage or filthy water is freed from all excremen- titious or other foul or noxious matter such as would affect or deteriorate the purity and quality of the water in such stream or watercourse or in such canal pond or lake. pLestriction on construc- tion of waterworks by local aathoritv. Water Supply, Powers of Local AtUhority in relation to Sii2)2)lij of Water. 52. Before commencing to construct waterworks within the limits of supply of any water company empowered by Act of Parliament or any order confirmed by Parliament to supply water, the local authority shall give written notice to every water company within whose limits of supph" the local authority are desirous of supplying water, stating the purposes for which and (as far as may be practicable) the extent to which water is required by the local authority. It shall not be lawful for the local authority to construct any water- works within such limits if and so long as any such company are able and willing to supply water proper and suflicient for all reasonable purposes for which it is requii-ed by the local authority ; and any difference as to [38 & 39 Vict.] Public Ihalth Act \s::k [Chap. 05.] 8o7 whether the water whicli any siich company are able and willing to lay ■on is proper and sullicient for the purijose.s for which it in reideinir^ endemic, or infectious diseases. See 54r k 55 Vict. c. 7G, \st Schedule, irhere these sections are set out.] I'AKT \. GENERAL PItOVJSK )N8. Pl'rciiase of Land.s. 175. Any local authority may for the purposes and subject to the pi*o- power to visions of this Act purchase or take on lease sell or exchange anv lands, pm whether sitiiatt d within or \\-ithout their district; they may .ilso biiv up ''■*""" any wattT-mill dam or weir which interferes with the proper drainage of or the sui)ply of water to their district. Any lands actpiired liy a local authority in pursuance of any jK)wei-s in this Act contained and not required for the purpose for which they were required shall, (unless the Local Government Board otherwise direct) be sold at the best price that can be gotten for the same, and the proceeds of such sale shall be a[)plied towards discharge, by means of a sinking fund or otherwise, of any princii)al moneys wliich have been l)orrowed by such authority on the security of the fund oi- rate applicable by them for the general purposes of this Act, or if no such prineipal moneys are outstanding shall be carried to the account of such fund or rate. 176. With respect to the purchase of lands by a local authority for the Regulations pui-poses of this Act, the following regulations shall be observed ; (that is as to par- to say,) chase of (1.) The Lands Clauses Consolidation Acts, 1845, ISUO, and 1869, shall ^"'*- be incorporated with this Act, except the provisions relating to access to the special Act, and except .section one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845 : (2.) The local authority, before putting in force any of the powers of the said Lands Clauses Consolidation Acts with respect to the puivhase and taking of lands otherwise than by agreement, shall Publi>,h once at the le.-ist in each of three consecutive weeks in the month of November, in some local newspaper circulatetl in their district, an advertisement describing shortly the nature of the undertaking in respect of which the lands are proposed to be taken, naming a place where a plan of the proposed undertaking may be .seen at all rea.sonable hours, and .stating the (pnintity of lands that they require; and shall further Serve a notice in the month of December on every owner or reputed owner, lessee or reputed lessee, and t)ci"upier of such lands, delining in each case the particular lands uitended to be taken, and requiring an answer stating whether the |HM-son so serveil as.sents, ili.s>ents, or is neuter in i-es|K»ct of taking such lands : (3.) On compliance with the provisions of this section with i"esj>ect to advertisements and notices, the local authority may, if they think tit. present a petition under their seal to the Local 858 [Chap. 55.] Public Health Act 1875. [38 & 39 Vict.] Power to let lands. Provision for lands belonging to the Duchy of Lancaster. Government Board. The petition shall state the lands intended' to be taken, and the purposes for which they are required, and the names of the owners lessees and occupiers of lands who have assented dissented or are neuter in respect of the taking such lands, or who have returned no answer to the notice ; it shall pray that the local authority may, with reference to such lands, be allowed to put in force the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, and such prayer shall be' supported by such evidence as the Local Government Board requires : (4.) On the receipt of such petition and on due proof of the proper advertisements having been published and notices served the Local Government Board shall take such petition into considera- tion, and may either dismiss the same, or direct a local inquiry as to the propriety of assenting to the prayer of such petition ; but until such inquiry has been made no Provisional Order shall be made affecting any lands without the consent of the owners lessees and occupiers thereof : (5.) After the completion of such inquiry the Local Government Board may, by Provisional Order, empower the local authority to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any Order so made in the manner and on the person in which and on whom notices in lespect of such lands are required to be served : Provided that the notices by this section required to be given in the months of November and December may be given in the months of September and October or of Octolier and ZSTovember, but in either of such last-mentioned cases an inquiry preliminary to the Provisional Order to which such notices refer shall not be held until the expiration of one month from the last day of the second of the two months in which the notices are given ; and any notices or orders by this section required to be served on a number of persons having any right in over or on lands in common may be served on any three or more of such persons on behalf of all such persons. 177. Any local authority may, vdWi the consent of the Local Govern- ment Board, let for any term any lands which they may possess, as and when they can conveniently spare the same. 178. The Chancellor and Council of the Duchy of Lancaster for the- time being may, if they think fit, (but subject and ^^-ithout prejudice to the rights of any lessee tenant or occupier,) from time to time contract with any local authority for the sale of, and may (subject as aforesaid)- absolutely sell and dispose of, for such sum as to the said Chancellor and Council may appear sufficient consideration, the whole or any part of any lands belonging to Her Majesty her heirs or successors in right of the said duchy, or any right interest or easement in through over or on any such lands which for the purposes of this Act such local authority from time to time deem it expedient to purchase ; and on payment of the purchase - money, as provided by the Duchy of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and assure to the said authority under the seal of the said duchy, in the name of Her Majesty her heirs or successors the subject of such contract or sale, and such money shall be- dealt with as if such subject had been sold under the authority of the- Duchy of Lancaster Lands Act, 1855. [38 & 39 Vict.] Public Health Act 1875. [Chap. 55.] 859 Byelaws. 182 — 186. [As to hi/pJaws. See 54: ik 55 Vict. c. 7G, Ist Sdiedale, v.-here these sections are set oat.^ 187. Byelaws made by the council of any borough under the provisions Byr-lawg of section ninety of the Act of the sixth year of King William the Fourth, ™"'*e under chapter seventy-six, for the j.revention and suppression of certain ^^*^g*^^^, . nuisances, shall not be required to be sent to a Secretary of State, nor c. Tt; to be* shall they be subject to the disallowance in that section mentioned ; but suhmittea to all the provisions of this Act relating to byelaws shall ajiply Ui the byelaws ^■' ■^' so made as if they were made under this Act. \See 45 A: 40 Vict. c. 5(J, ™' ' '• s. 23 (G).] TAliT \'I. RATING AND BORROWJNG rOWERS, etc. A I" KIT. Audit of Accounts of Local Authorities. 247. Where an urban authority are "not the council of a borough the .\udit where following regulations with respect to audit shall bo observed ; (namely,) urban autho- (1.) The accounts of the receipts and expenditure under this Act of such ^^^ ^^^ '**'' authority shall be audited and examined once in every year, as conncil. soon as can be after the twenty-fifth day of March, by the auditor of accounts relating to the relief of the poor * . . . [See 51 & 52 Vict. c. 41, ss. 71 (1) cmd 7.3 (1) ; a7id 62 & 03 Vict, c. 14, «. 14]: [Parts omitted (^prorisious applijinij ichere the auditor is a meinher of the autJiority u'kose accounts he is to audit) rep. 42 Vict. c. G, s. 11.] (2.) [As to the remuneration of auditors. Rep. 42 Vict, c 0, s. II.] (3.) Before each audit such authority shall, after receiving from the auditor the requisite appointment, give at least fourteen days notice of the time and place at which the same will Ije made, and of the deposit of accounts required by this section, by advertise- ment in some one or more of the local newspapers circulated in the district; and the production of the newspaper containing such notice shall 1 e deemed to be suHicient proof of such notice on any proceeding whatsoever : (4.) A copy of the accounts duly made up and balanced, together with all rate books account books deeds contracts accounts vouchers and receijits mentioned or referred to in such accounts, shall be deposited in the otlice of such authority, and be open, during office hours thereat, to the inspection of all persons interested for seven clear days before the audit, and all such pei"sons shall be at liberty to take copies of or extracts from the .same, without fee or reward ; and any officer of such authority duly appointed in that behalf neglecting to make up such accounts and books, or altering such .iccounts and books, or allowing them to 1h^ altered when so made up, or refusing to allow inspection thereof, shall be liable to a penalty not exceeding tive pounds [See 45 it 40 Vict, c. 50, *\ 233] : (5.) For the purpose of an\' audit under this Act, every auditor may, by summons in writing, require the production before him of all * Auditors of accounts relating to the relief of the poor were first appointed under powers conferred by the I'our Law Aintudmont Act ls44. s. '.\'2, nj^on the Poor I-iw Commissioners. The powei-s of appointnieiu thereby coiift-rred wore repealed by the Poor Law Amendment .\ct 1%S, and by s. 24 of tiuit Act conferred upon the Poor I-iw Board, and then devolved.by the Local Government Act lS7L>iI>on the L«x;al Governracnt Board. S. 24 of the Act of l!;il»s is repealed by 42 Vict. c. 6, s. 11 ; see also ibid. s. 4. 860 [Chap. 55.] Fuhlic Health Act 1875. [38 & 39 Vict.] books deeds contracts accounts vouchers receipts and other docu- ments and papers Avhich he may deem necessary, and may require any person holding or accountable for any such books deeds con- tracts accounts vouchers receipts documents or papers to appear before him at any such audit or any adjournment thereof, and to make and sign a declaration as to the correctness of the same ; and if any such person neglects or refuses so to do, or to produce any such books deeds contracts accounts vouchers receipts docu- ments or papers, or to make or sign such declaration, he shall incur for every neglect or refusal a penalty not exceeding forty shillings ; and if he falsely or corruptly makes or signs any svich declaration, knowing the same to be untrue in any material par- ticular, he shall be liable to the penalties intiicted on persons guilty of wilful and corrupt perjury : (6.) Any ratepayer or owner of property in the district may be present at the audit, and may make any objection to such accounts before the auditor; and such ratepayers and owners shall have the same right of appeal against allowances by an auditor as they have by law against disallowances : (7.) Any auditor acting in pursuance of this section shall disallow every item of account contrary to law, and surcharge the same on the person making or authorising the making of the illegal payment, and shall charge against any person accounting the amount of any deficiency or loss incurred by the negligence or misconduct of that person, or of any sum which ought to have been but is not brought into account by that person, and shall in every such case certify the amount due from such person, and on application by any party aggrieved shall state in writing the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made * : (8.) Any person aggrieved by disallowance made may apply to the Court of Queen's Bench for a writ of certiorari to remove the disallow- ance into the said Court, in the same manner and subject to the same conditions as are provided in the case of disallowances by auditors under the laws for the time being in force with regard to the relief of the poor t ; and the said Court shall have the same powers with respect to allowances disallowances and surcharges under this Act as it has with respect to disallowances or allow- ances by the said auditors ; or in lieu of such aj^plication any person so aggrieved may appeal to the Local Government Board, j which Board shall have the same powers in the case of the appeal as it possesses in the case of appeals against allowances disallow- ances and surcharges by the said poor law auditors : (9.) Every sum certified to be due from any person by an auditor under this Act shall be j)aid by such person to the treasurer of such authority within fourteen days after the same has been so certified, unless there is an appeal against the decision ; and if such sum is not so paid, and there is no such appeal, the auditor shall recover the same from the j^erson against whom the same has been certified to be due by the like process and with the like powei-s as in the case of sums certified on the audit of the poor rate accounts, and shall be paid by such authority all such costs and expenses, including a reasonable compensation for loss of time incurred by him in such j^i'oceedings, as are not recovered by him from such person: [>See the Poor Law Amendment Acts * See the Local Authorities (Expenses) Act 1887, s. ?,, which is as follows : " 3. Ex- penses paid by any local authority whose accounts are subject to audit by a district auditor shall not be disallowed by that auditor if they have been sanctioned by the Local Government Board." t See the Poor Law Amendment Act 1844, s. 35. X See the Poor Law Amendment Act 1844, s. 36. [38 & 39 Vict.] Public Health Act 1875. [Chap. 50.] 861 1834, s. 99, and \iii\, s. 32, and 1849, s. 9; and the Sumviary Jurisdiction Act 1884, «. 11.] (10.) Witliin fourteen clays after the completion of the audit, the auditor shall report on the accounts auditfrl and examined, and shall deliver such report to the clerk of such authority, who shall cause the same to be deposited in their office, and shall publish an abstract of such accounts in some one or more of the local newspapers circulated in the district. Where the provisions as to audit of any lliall be conducted in all respects in accordance with the provisions of thi^ Act. 250. The accounts under this Act of ollicei-s or a.ssistants of any local .Vu a"'ht authority shall be audited by the auditors or auditor of the accounts of '''■'■''^"^'* such authority, with the same powers incidents and consequences as in the '' ^ ^"' case of such last-mentioned accounts. PART VII. LEGAL PROCEEDIXCS. Prosecution of Oj^ences and Recovery of Penalties^ etc. • • • • • ■ 265. Xo matter or thing done, and no contract entered into by any i r t.. t:ou local authority or joint board or port .sanitary authority, and no matter "f 1'J<-'-'1 or thing done by any member of any such authority or by any officer of ='"i''onty such authority or other person whomsoever acting inider the direction of orticere from such authority, shall, if the matter or thing were done or the contract were jx-rsonal entered into bona fide for the purpose of executing this Act, subject them liability, or any of them personally to any action liability claim or demand what- soever ; and any exjiense incurx-ed by any such authority member officer or other person acting as last aforesaid shall be borne and repaid out of the fund or rate applicable by such authority to the general purposes of this Act. Provided that nothing in this section shall exempt any member of any such authority from liability to be surcharged with the amount of any payment which may be di.sallowed by the auditor in the accounts of such authority, and which such member authorised or joined in authorising. [See 5 Edio. 1, c. cciii. s. 50.] Xotices. 267. Xotices ordei"S and any other documents reipureil or authorised tv - >f be served under this Act may 1»^ served by delivering the sjime to or at the residence of the person to whom they are respectively adilressed, or where addressed to the owner or occupier of premises by delivering the same or a true copy thereof to some jierson on the premises, or if there is no j)erson on the premises who can be so served by fixing the s:ime on some con- spicuous part of the premises ; they may also be served by post by a prepaid letter and if served by post shall be deemed to have been served at the time when the letter containing the same would lx> dfliverea/ Locomofues {Ame»d- .^,^^^ ... •- -^ mi'nt) Act Ih.^. ^ -■ 41 & 42 VICTORIA. A.D. 1878. CHAPTER 77. An Act to amknd the Law uelatino to IIiujiwav.s in Kngland anu THE Acts relating to Loccmotives cn Roads ; am> von other PuiiPOSES. [\(Jth Auijust \^1^.^ \_Preainhle recites the Locomotives Acts 18G1 and 1865.] Freliminari/. 1. This Act may be cited as the Highways and Locouiotives (Amend- Short title, ment) Act, 1878. 2. . . . f^ave as is by this Act expressly provided, Part I. of this Act Application shall not apply . . . to any part of the metropolis * . . . of Act. TAUT !.* Amendment of lli(;n\vAV Law. 10. ^^ here complaint is made to the county authority that the Power of hi^dnvay authority of any highway area within their jurisdiction has made t-ounty default in niaintaininji or rt-ijairing all or anv of the highways within ""t'"''''iy their jurisdiction, the county authority, if satisfied after due infpiiry and performance report by their surveyor that the authority has been guilty of the alleged of duty by defaidt, shall make an order limiting a time for the performance of the defaulting ee also 51 A: 52 Vict. c. 41, s. 11 (8).] Any person appointed under this section to perform the duty of a defaulting highway authority shall, in the performance and for the purpose of such duty, be invested with all the powers of such authority other than the powers of making rates or levying eontributions l)y precept, and the county authority may from time to time, l)y order, change any person so appointed. Where an order has l)een made by ;i county authority for the repair of a highway on a highway authority alleged to be in default, if such authority, within ten days after service on them of tlie t)rder of the county authority, give notice to the clerk of thi' peace + that they decline to •comply with the requisitions of such order until their liability to i-epair the highway in respect to which they are alleged to have made defaidt has * Tart I. of this Act does not now apply within London. It was made appli to London with respect to main nxn/.i by 51 i: 52 Viet, c, 41, s. U (4). There v.,.i then in London the following roads whieh liati ceased between the 31st DeccniKT 1S70 and the passing of this Act to be turnpike roai'.s, and were ace. miipv-'ly main roads— viz. : Arehwa'y Koad, Coiuiuercial lunul East, Kast Ferry ll.ad, K;ist Im'.i.i Dock Koad, Edgware Road, Finchlcv Koad, Green Lanes, Harrow lUwid. llorseferry Branch Koad. Lea Bridge Koad, West Ferry Koad, and We.-t lu.lia ly virtue of 02 & 63 Vict. c. H, s. 6 (1). ,Sei! ge>nl)lr that a highway in London might yet become a main road under an Order made under s. IG of "this Act, and I'art L is accordingly inserted in this work so far as it applies to main roads. t Semt)le, as regards London, the Clerk of the London County Council. See 51 & 52 Vict. c. 41, ss. 11 (1) and S3 (G). 864 [Chap. 77.] Highicays and LocomotiKes (^Amend- ment) Act 1878. [41 &i42 Vict.]: been determiuecl by a jnry, it shall be the duty of the county authority either to satisfy the defaulting authority by cancelling or modifying in such manner as the authority may desire the order of the county authority, or else to submit to a jury the question of the liability of the defaulting anthoiity to repair the highway. If the county authority decide to submit the question to a jury they shall direct a bill of indictment to be preferred to the next practicable assizes to be holden in and for their county, with a view to try the liability of the defaulting authority to repair the highway. Until the trial of the indictment is concluded the order of the county authority shall be suspended. On the conclusion of the trial, if the jury find the defendants guilty, the order of the county authority shall forthwith be deemed to come into force ; but if the jury acquit the defendants the order of the county authority shall forthwith become void. The costs of the indictment, and of the proceedings consequent thereon, shall be paid by such parties to the proceedings as the court before whom the case is tried may direct. Any costs directed to be paid by the county authority shall be deemed to be expenses properly incurred by such authority, and shall be paid accordingly out of the county rate ; and any costs directed to be paid by the highway authority shall be deemed to be expenses properly incurred by such authority in maintenance of the roads within their jurisdiction, and shall be paid out of the funds applicable to the maintenance of such roads. Disturnpiked roads to become main roads. Description of highway areas. Main Roads. 13. For the purposes of this Act, and subject to its pi^ovisions, any road which has, within the period between the thirty-first day of December one thousand eight hundred and seventy and the date of the passing of this Act, ceased to be a turnpike road, and any road which, being at the time of the passing of this Act a. turnpike road, may afterwards cease to be such, shall be deemed to be a main road. . . . [Part omitted rep. 57 & 58 Vict. c. 56 {S.L.E.).] 14. The following areas shall be deemed to be highway areas for the purposes of this Act ; (that is to say,) (1.) Urban sanitary districts. [See 51 it 52 Vict. c. 41, s. 41 (4).j Power to declare ordinary highway to be a main road. Power to reduce main road to status of ordinary highway. 15. Where it appears to any highway authority that any highway within their district ought to become a main road by reason of its being a medium of communication between great towns, or a thoroughfare to a railway station, or otherwise, such highway authority may apply to the county authority for an order declaring such road, as to such parts as aforesaid, to be a main road ; and the county authority, if of opinion that there is probable cause for the application, shall cause the road to be inspected, and, if satisfied that it ought to be a main road, shall make an order accordingly. A copy of the order so made shall be forthwith deposited at the office of the clerk of the peace * of the county, and shall be open to the inspection of i^ersons interested at all leasonable houi-s ; and the order so made shall not be of any validity unless and until it is confirmed by a further order of the county authority made within a period of not more than six months after the making of the first-mentioned order. 16. . . . . Where it appears to a county authority that any road within their county which has become a main road in pursuance of this Act ought to cease to be a main road and become an ordinary highway, such authority may apply to the Local Government Board for a Provisional Order * Now, as regards London, the Clerk of ihe County Council. c. 4], ss. 11 (1) and 83 (G), See 51 i: 52 Vict m V- i-> v^PT 1 ^Jiyf^if^'d'js iinfl I^ocomoticea (Amend- r^. ..., ^^, [41 c^ 4. \ ici.] ^^^^^^ j^^ ^^.^_ [(.HAi-. . ..] 865 declaring that such road has ceased to be a uuiin road and Ijecom..- an ordinary highway. The Local (Government Board, if of opinion that there Is probable caiuse for an application under this section, shall caut-e the road to be insix-cted, and if satisfied that it . . . ought to cease to be a main road and Ijecome an oidinary highway shall make a . . . Order accordingly. . All expenses incurreil in or incidental to the making ... of any < )rder under this section shall be defrayed by the county authority applving for such Order. [^Parts omitted (jyromsion that vhere it appears to a county aiitlu,rit>i that a road vhich ceased, betireea 3\st Decemher 1870 and the j>ustiin>j of thin Act, to he a tiinipike road, should not become a main road, they shall before \st February 1879 apply to llie Local Government Hoard to so declare by (Jrder, and as to conjirmation of Orders made under this section) rej). and superseded by the Iliyhways and Bi-idtjes Act 1891, s. 4, a7id 59 6i GO Vict, c. clxxxviii. s. 31.] • • t 18, Every highway authority shall keep, in such form as may be A of directed by the county authority, a .separate account of the exi)en.ses of ' ' the maintenance of the main roads within their jurisdiction, and shall ". forward copies thereof to the county authority at such time or times in every year as may be required by the county authority, and the accounts so kept shall, where the accounts of the highway authority are audited under this Act or under section two hundred and forty-seven of the Public Health Act, 1875,* be audited in the same manner as the other accounts of such authority, a7id vhere the accoxmts of the hiyhuxiy authority are not so audited shall be subject to such audit as tJte county a%dhority may direct. If any highway authority makes default in complying with the provisions of this section, or u-ith any directions given in pursuance tliereof by the county authority, the county authority may withhold all or any part of the contribution payable by them under this Act towards the expenses of the maintenance of main roads by such liighway authority for the year in which such default occurs. \_Words in italics do not apply to London.^ Extraordinary Traffic. 23. Where by a certificate of their surveyor it appears to the I'ower authority •which is liable or has undertaken to repair any highway, "f ri~>M\ whether a main road or not, that, having regard to the average expense au|''0''U>"_to^ of repairing highways in the neighbourhood, extraordinary expenses have ex-i>enscs'of " been ineurred by such authority in repairing such highway by rea-e proved to the satisfaction of the coiu-t having cognizance of the case to have been incurred bv such authority by reason of the damajre arising from such weight or traliic as aforesaid. Provided that any person against whom exj>en.ses are or may be recoyeral)lo under this section may enter into an agret^ment with such authority as is mentioned in this section for the payment to them of a composition in respect of such weight or traffic, and thereujKni the persons so paying the same shall not be subject to any proceedings under this section. [J'he words '■'■by or in consequence of rchose ordei'" substituted for ^^ by whose orda'," by the Locovwtives Act 1898, s. 12 (1) (c).] * See t>2 & 63 Vict. c. 11, s. H and note thereon. 50 866 [Chap. 77.] ^'^^''''''^' ^^^f^^^^' ^^'^''''^' [41 & 42 Vict.] Byelaws hy County Authwity, Power of 26. A county authority may from time to time make, with respect county autho- ^^ qI\ qj, g^j^y j^^ain roads or other highways within any highway area in byelaws their county, and when made alter or repeal, byelaws for all or any of the purposes following ; that is to say, (1.) For pi'ohibiting or regulating the use of any waggon wain cart or carriage drawn by animal power and having wheels of which the fellies or tii-es are not of such width in proportion to the weight carried by, or to the size of, or to the number of wheels of such waggon wain cart or carriage, as may be specified in such byelaws ; and (2.) For prohibiting or regulating the use of any waggon wain cart or other carriage drawn by animal power not having the nails on its wheels countersunk in such manner as may be specified in such byelaws, or having on its wheels bars or other projections forbidden by such byelaws ; and (3.) For prohibiting or regulating the locking of the wheel of any waggon wain cart or carriage drawn by animal power when descending a hill, unless there is placed at the bottom of such wheel during the whole time of its being locked a skidpan slipper or shoe in such manner as to prevent the road from being destroyed or injured by the locking of such wheel ; and (4 ) For prohibiting or regulating the erection of gates across highways, and prohibiting gates opening outwards on highways ; and (5.) [As to bicycUs. Rep. 51 & 52 Vict. c. 4t, s. 85 {q.v.).'\ Fines to be recovered summarily may be imposed by any such byelaws on persons breaking any byelaw made under this section, provided that no fine exceeds for any one offence the sum of two pounds, and that the byelaws are so framed as to allow of the recovery of any sum less than the full amount of the fine. Weight of locomotives and con- struction of wheels. 24 & 25 Vict. c. 70. 28 & 29 Vict. c. 83. 1861 AND 1865. highway a loco- pro - the following *PART 11. Amendment of Locomotive Acts, S8. ... It shall not be lawful to use on any motive constructed otherwise than in accordance with visions ; (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, w^ith 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 wheels shall exceed five feet, when the width of the tires may be reduced in the same proportion as the diameter of the wheels is inci-eased, but in such case the width of such tii-es 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 herein-after provided ; and (4.) The driving wheels of a locomotive shall be cylindrical and smooth- soled, or shod with diagonal cross-bars of not less than three inches in wddth 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 provisions * This part does not apply to light locomotives as defined in the Locomotives on Highways Act 1896. See ibid. s. 1. [41 k 42 Vict.] ^%^^"-«y-^ am/Loco,,wtu,s {Amend- .^ '- -^ merit) Act Xfiifi. Lv.maj..<.j oo< shall for every such offence be lialjle 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 metro|xjli.s, exclusive of the city of Londcm, and the council of any lMjrou<.'h which has a separate court of quarter sessions, und the county authority of any county, may, on the application ui the owner of any locomotive exceeding nine feet in width or fourteen tons in weight, authorise such l(K(jijiotive to be uxhI on any . . . highway within the areas respectively above mentioned, or part of any such . . . highway, under such conditions (if any) as to them may appear flesirable. Provided also, that the owner of a locomotive used contrary to the provisions of subsection two of this section shall not be deemed guilty of an oHence under this section if he proves to the satisfaction of the court having cognizance of the case that such locomotive was constructed before the pas.siiig of this Act, and that the tires of the wheels thereof are not less than nine inches in width. [Words omitted {^^ turnpike road or," occurriny twice, and ^^ road or") rep. 61 ^ 62 Vict. c. 22 {S.L.R.).] • • • • • 30. . . . Every locomotive used on any . . . highway shall Ije Steam loco- constructed on the principle of consuming its own smoke ; and any '"otives to be person using any locomotive not so constructed, or not consuming, .so fara.s C"nstructee liable to a tine not exceedinir hve smue tbeir pounds for every day during which such locomotive is used on any such smoke. . . . highway. [Pai-ts omitted {repeal of s. 8 of the Locomotive Act 18G1) '--l *: -5 Vict, rep. 57 A 58 Vict. c. 56 {S.L.R.), and the words ^'■turnpike road or " *^- '"■ occurring twice rep. 61 i 62 Vict. c. 22 (.y.Z./i*.).] • ••«•• 33. This part of this Act shall remain in force so long only as the Duration of Locomotive Act, lS65,t continues in force. ^'''^t II. of Act. 2H & 29 Vict. PART III. c- «3- Procedure and Dejinitions. 34. It shall be lawful for the Local Government Board to submit Confirmation any Provisional Order made by them under this Act to Parliament °/ I'rovi- for confirmation, and without such conjirmation a Prorisinnal Order shall *"^'^*' Order. not be of an;/ I'aliditi/. [Words in italics, semble rep. 54 «t 55 Vict. c. 63, g. 4.] 36. A byelaw made under this Act, and any alteration made therein, Confirmation and any repeal of a byelaw ^hall not be of any validity until it has l>een l^.velaws. submitted to and confirmed by the Local Government Board. A byelaw 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 confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district. 36. AH offences, fines, and expen.ses under this Act, or any byelaw j;, f made in pursuance of this Act, may be prosecuted, enforced, and re- p : ud covered before a court of summary jurisdiction in manner provided by the exi«Ds^- Summary Jurisdiction Acts. The e.xpression '• court of summary jurisdiction " means and includes any Justice or Justices of the Peace, metropolitan police magistnite, stipendiary or other ni;igi>trate, or officer, by whatever name calleil. to •whom jurisdiction is given by the .Summary Juristliction Acts: Provided that the court, when hearing and determining an information or com- plaint under this Act, sliall be constituted either of two or more Justict's of the Peace in petty sessions, sitting at a place appointed for holding • Now the Loudon County Council. See 51 i: oli Vict. c. -11, s. -10 (.S). t This Act is continued in force until the 31st December 1907 by the Expiring Laws' Continuanoe .\ct I90t5. 868 [Chap. 6.] District Auditors Act 1879. [42 YiCT.] Form of appeal to quarter sessions. Interpreta- tion. 25 & 26 Vict, c. 61. 27 & 28 Yict, c. 101. 38 & 39 Vict, c. 55. 18 & 19 Vict, c. 120. 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 authorised to be done by more than one Justice of the Peace. [See 52 k 53 Vict. c. 63, s. 13 (11). Part omitted {definition of '■'■the Summary Jurisdiction Acts'") rep. fil & 58 Vict. c. 56 {S.L.R.).^ 37. If any party thinks himself aggrieved by any conviction or order made by a court of summary jurisdiction on determining any information or complaint under this Act, the party .so aggrieved may appeal therefrom ... to the next practicable court of quarter sessions. . . . [Parts omitted {as to procedure on appeal) rep. hy the Sum,mary Jurisdiction Act 1884, s. 4.] 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 higinvay 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 * : " Highway authority " means as re.spects an urban sanitary district the urban sanitary authority, and as respects a highway district the highway board, and as respects a highway parish the surveyor or surveyors or other officers performing similar duties [see 51 & 52 Vict. c. 41,. s. 41 (4)]:. " Urban sanitary district " and " urban sanitary authority " mean respectively the districts and authorities declared to be urban sanitary districts and authorities by the Pul)lic 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 repau'S of the highways such part shall be deemed to be included in the district for the purposes of this Act [see 51 & 52 Vict. c. 41, s. 41 (4)] : " 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 : " Quarter ses.sions " includes general sessions : " Locomotive" means a locomotive propelled by steam or by other than animal power : " Person " includes a body of persons corporate or unincorporate. [See also 52 & 53 Vict. c. 63, s. 2.] 42 VICTORIA. A.D. 1879. An Act to amend the CHAPTER 6. Law with respect TO District Auditors. [2%th 2Iarch 1879.] [Preamble recites (inter alia) that the auditors of the accounts relating to the relief of the poor {in this Act refetn'ed to as district auditors) are tinder t}te Poor Lavj Amendment Act 1868 appointed by the Local Government * Now the London County Council so far as relates to main roads in London. [See note on Part I.] [42 Vict.] District Auditor.^ Art X^^Vd. [Chai'. G.] SC9 Board, and are h/ that Act declared to he civil HervautH of tJte Slate vithin tJbe opuratiou of the Superannvdtion Act 1H59, but that the remuneration and expenses of such auditors ivhich are hi/ law payahh out of local rattan are i7i fact paid parti 1/ out ff ruonei/s annually provided hij Parliament, and purtli/ out of local rates ; and that it is expedient that in future the u-hole of such reuiuneratioH and expenses shonbl he paid out of uioneifs rutid hy J'arliament. Hep. 57 & 58 Vict. c. 50 (S.L./i.).] 1. Tliis Act may be cited as the District Auditoi-H Act, 1871). Hhort title. a. , . . Tlie whole of tlie sahirics or ri'miiiieiatioti ami of the ' expense.s of district auditors, to such amount as may ho sjinctioucd by tlie •' '"• Treasury, shall be paid out of moneys provider! by Parliament ; and for .^.'"i"" ^Y the purpose of coiitril)utin<:f to the amount required for the payment .^j^,\ ,jut'gf of such salaries, remutieration, and expenses, there shall be charged on : ' every local authority whose accounts are audited by a district auditor ■ "t a stamp duty for the use of Her Majesty, according to the senile contiuned ' in the First Schedule to this Act, and such duty shall l>e It-vied by a stamp '' on the certilicate of the auditor herein-aftfr mentioned. [J'art uuiitted {as to cessation after '25th March 1879 of payments to district atulitors out of any local rate) rep. 57 & 58 Vict. c. 56 {S.L.R.).'] 3. Where the accounts of the receipts and exponditiue of a lo^al 1 authority are audited by a district auditor, the local authority shall ^ prepare and submit to the district auditor at every audit (other than ,^ an extraordinary audit lieM in pursuance of section six of the Poor Law tn. t Amendment Act, 18G(i,) a tinancial statement in duplicate in the auiiitor. prescribed form and containing the prescribed particulars; one of such -'•' '■^ ^^ ^'*ct, duplicates shall have the stamp charged under this Act attixeject to be audited liy district auditors, and may from time to time remo^-e such auditoi*s. The Board may from time to time a.ssign to district auditoi-s their dutie.>. and the districts in which such auditors respectively are to act. and may from time to time change wholly or in part such duties or ilistricts; ainl every district so a.ssigned to a district auditor, whether originally or uik^ii any change, shall be deemed to be an audit district within the me.ming of any enactment relating to di.strict auditoi-s or their district.s, and the auditor to whom any district is assigned shall be deemed to be the district auditor for that district. The Board may also, with the consent of the Treasury, appoint from time to time a person or persons, either temporarily or otherwise, to a>si>t a district auditor in the performance of his duties, and any person so app«.>inte*l shall, subject to any exceptions made by the terms of his api>ointment, have the same i>owers and duties and bo subject to the sjime obligations as the district auditor whom he is api)ointed to assist. The Board, with the like consent, may a.ssign to a jH^rson so apiK)inted such salary or remuneration and such sum for his expen.ses as may .s^em fit, and such salary, remuneration, and expenses shall be paid out of moneys provided by Parliament. 870 [Chap. 6.] District Auditors Act 1879. [42 Vict.] Regulations as to audit. 4 & 5 W. 4 c. 76. Stamp duties under Inland Eevenue. Failure to submit finan- cial state- ment. Definitions. 5. Where any accounts of the receipts and expenditure of a local authority are subject by law to be audited by a district auditor, the Local Government Board may from time to time by order make, and when made revoke and vary, such regulations as seem to the Board necessary or proper respecting the audit of such accounts, including the form of keeping the accounts of the local authority and their officers, the day or days to which the accounts are to be made up,* the time within which they are to be examined by the local authority, the mode in which, if it is so presci'ibed, they are to be certified by the local authority or any officer of that authority, the mode of publishing the time and place of holding the audit, the persons by whom such accounts are to be produced for audit, and the mode of conducting the audit, and an order under this section shall be deemed to be an order within the meaning of section ninety-eight of the Poor Law Amendment Act, 1834. 6. The duties charged under this Act .shall be deemed to be stamp duties under the management of the Commissioners of Inland Eevenue, and all the Acts relating to stamp duties, particularly those relating to foi-gery, fraudu- lent dies, and other offences in connexion with stamp 'duties, shall apply accordingly ; and such duties may, if the Commissioners so direct, be denoted by adhesive stamps, to be cancelled by the auditor as provided by this Act. 7. If a local authority fail to comply with the provisions of this Act with respect to a financial statement, such local authority, or if a clerk to the local authority is appointed, that clerk, and if no clerk is appointed, but there is a treasurer or other officer keeping the accounts which should be com- prised in such financial statement, that treasurer or other officer shall be liable to a fine not exceeding twenty pounds for each offence, to be recovered by action on behalf of Her Majesty in the High Court of Justice. 8. In this Act,- — ■ The expression "local rate" means the poor rate, the general district rate, and every rate the proceeds of which are applicable to public local purposes, and which is leviable on the basis of a poundage assessment of the value of property, and includes any sum which, though obtained in the first instance by a precept, certificate, or other instrument requiring payment from some authority or officer, is or can be ultimately raised out of a rate as before defined. The expression " local authority " means any person or body of persons who receive and expend any local rate, but does not include ovei'seers of the poor. The expression "prescribed" means pre.scribed from time to time by the Local Government Board. Auditors appointed under repealed Acts. Saving of certain fees and expenses. [Part omitted {definition o/" Treasury'') rej). 57 & 58 Vict. c. 56 {S.L.R.).] 9 — 10. [The Local Government Board, with the approval of the Treasury, to determine the remuneratio7ifor existhig district auditors, and their allowance for expenses — Provisions as to audit for the year 1879. Pejy. 57 & 58 'Vkt. c. 56 {S.L.R.).] 11. . . (2) Any auditor appointed in pursuance of any enactment hereby repealed shall (save as may be prescribed) have the same powers and duties and be subject to the same obligations as if such enactment had not been repealed. [Part omitted {repeal of the Acts sjJecified in 2nd Schedule) rep. 57 & 58 Vict. c. 56 {S.L.R.):\ 12. Nothing in this Act shall prevent a district auditor from recovering . . . any expenses . . . which he may . . . incur, in any proceedings which he is authorised or required to take or defend under the statutes in that behalf. [Parts omitted {as to expenses in res])ect of an audit held 'prior to 25th Jlfarch 1879, a7id the v)07'ds ^^ incurred or " and ^^ hereafter ") rep. 57 & 58 Vict. c. 56 {S.L.R.).] * See 51 & 52 Vict. c. 41, ss. 71 (1) and 73 (1), and 62 & 63 Vict. c. 14, s. 14. Gaslight and Coke and other Gas [43 & 44 Vict.] Companies Acts Amendment [Chap, clxxxi.l 871 Act 188U. FIRST SCHEDULE. * Scale of Stavtp Dulie» payable by Local Authorltiex. Section 2. Where tlio totiil of the »'X|M'nc]itnrc comnriHed 'i.! u n i in th.- finHiuial Jtuteu.ent in ' ''® """" "^^^ ^ Under 20^ 0«, 20/. and un(K)/ 3/. 1,(KW. and under 2,;'1K)/ 4/. 2,i;(H);. and under ">.( KM 1^. 5/. 5,(H)()Z. and under m.iMKi/. ' 10/. 10,00(1/. and under 2().(i( HI/ 15/. 20,000/. and under oO.OCM)/ 20^ 50,000/. and under lOO.OOOZ 30/. 100.000/. and upwards I 50/. For the purpose of this Schedule the expenditure comprised in the financial statement shuli be exclusive of any sum paid to another local authority in pursuance of a precept. Second Scm;i>ti.r.. [Rrpntl (inter alia) of ng. 36 (uid 87 i>fH)S: 31 Vict. <-. 6 ; «. 247 <:f the riiblir JJfulU, Act \ HI it fro in "/<>/• the L'moii" in snb-it. (1) to "■f-om the place of audit " at the end of mib-s. (2) ; and of g. 9 of the Jlig/iways and LiiroDKitireii (Amrndmenl) Art \S~H from ''for the audit dlxtrict" to *' V« 5 Kdtr. 7, c. civ. ss. 4 (3) and 12.] 15. If on any day the gas supplied by the company at any testing Forfeiture place is of h .ss i)uritv than it ourrht to be the companv shall forfeit a , .*'''*^*^*.'* Or imDtiritv sum not exceeding Hfty pounds for each occjision on which they are so f J' in default. Provided always, that the controlling authority of any testing place having recovered one forfeiture in resjiect of exce.ss of inqmrity in the gas supplied by the company at one testing place on any day shall not l>e entitled to any further forfeiture in re.>pect of excess of impuiity in the gas supplied by the Company at any other testing place of such con- trolling authoiity on the same day; and provided also, that the average of the testings made at such testing place on that ilay and on the preceding and on the following day sh:ill be deemed to represent the purity of such gas on such one day at such testing place. [.See note on s. 14.] 16. If at any time (hiring any peiio«l between midnight ani,ja>it \fifi'2.] [Preamble rep. Gl i 62 Vict. c. 22 {S.LK.).] PAIIT r. Preliminary. 1. ThLs Act may be cited as the Municipal Corporation.s Act, 1882. Short title 2. [Division of this Act into parts.] 3. [7'his Act not to extend to Scotlarul oi' Ireland.] 4 — 5. [As to commencement of this Act — Repeal of enactments described in the 1st Schedule. Rep. 61 & 02 Vict. c. 22 {S.L.R.).] 6. This Act shall apply to every city and town to which the ^lunicipal Application. Corporations Act, 1S35, applies at the commencement of this Act, iuid to any town, district, or place whereof the inhahitants are incorpoi-att-d after the commencement of this Act, and whereto the provisions of the Municipal Corporation Acts are under this Act extended by charter, but to no other place. 7. — (1.) In this Act — Interpreto- tiou and con- ,,-.,.., " . „ ' I , i * . ' , , , struction. Municipal corporation means the body corporate constituted by the incorporation of the inliabitants of a borough : " Municipal Corporations Act, 1835," means the recited Act of King William the Fourth, the date of the pa.ssing whereof i.s the ninth of September one thousand eight hundred and thirty-five: "Municipal Corporations Acts" means this Act and any Act to be passed amending this Act : " Burgess" includes citizen : " Corporate .seal " means the common seal of a municipal corjXJration : "Corporate office" means the office of mayor, alderman, councillor, elective auditor . . . : "Corporate land" means land belonging to or held in trust for a municipal corporation : " Municipal election " means an election to a corporate office : " Parliamentary borough " means any borough, city, county of a city, county of a town, place, or combination of pl.u'es, returning a member to serve in Parliament, and not l)eing a county at large, or a riding, parts, or division of a county at lai-ge : " Parliamentary election " means an election of a memlier to .serve in Parliament : " Parish " means any place for which a separate poor mte is or can be made [see 52 ct 53 Vict. c. 63, s. 5] : " Overseers " means overseers of the poor of a parish, township, or place, and includt-s all persons who execute the duties of ovirseei-s : " County " does not include a county of a city or county of a town, but includes a riding, parts, division, or liliertv of a county [see 52 ci- 53 Vict. c. 63, *•. 4] : " Trustees " means trustees, commi.ssioners, or directors, or the persons charged with the execution of a trust or public duty, however tlesignated : " Person " includes a body of persons corpoi-ate or unincorpoitite : 876 [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] "Justice" means one of Her Majesty's Justices of the Peace : " Boroush ciWl court " means an inferior court of record for the trial of civil actions which by charter, custom, or otherwise, is or ought to be holden in a borough, but does not include a county court : " Schedule" means Schedule to this Act, and " part " means part of this Act : '• Writing " includes print, and " written " includes printed. [.See 52 k 53 Yict. c. 63, s. 20.] (2.) Words in this Act referring to a borough, municipal corporation, authority, officer, or ollice, shall be construed distributively as referring to each borough, corporation, authority, officer, or office to which or to whom the provision is applicable. (3.) Words in this Act referring to a parL-^h shall be construed, unless a contrary intention appears, as referring to every parish situate wholly or in part in a borough. (4.) The Schedules shall be read and have effect as if they were part of this Act. [Parts omitted {definitions of " borough," " Treasury,'' " Secretary of State," "■High Court," and ''Bank of Enaland," and the icords "-or revising assessor") rep. 61 & 62 Vict. c. 22 (S.L.R.).'] PAET II.* Constitution and Government of Borough. Name of 8. The municipal corporation of a borough shall bear the name of the municipal mayor, aldermen, and burgesses of the borough, or, in the case of a city, corporation, ^j^g mayor, aldermen, and citizens of the city. [See 51 & 52 Vict. c. 41, s. 79 (1).] Burgesses. Oualification 9* — i^-) -^ person shall not be deemed a burgess for any purpose of this of burgess. Act unless he is enrolled as a burgess. (2.) A person shall not be entitled to be enrolled as a burge.ss unless he is qualified as follows : [See the County Electors Act 1S88, ss. 2 and^ 3.] [a.) Is of full age ; and (b.) Is on the fifteenth of July in am' year, and has been during the whole of the then last preceding twelve months.t in occupation, joint or several, of any house, warehouse, counting-house, shop, or other building (in this Act referred to as qualifying property) in the borough ; and (c.) Has during the whole of those twelve months t resided in the borough, or within seven miles thereof,^ and {d) Has been rated § in respect of the qualifying property to all poor rates made during those twelve months for the parish wherein the property is situate ; and (e) Has on or before the twentieth of the same July paid all such rates, including borough rates (if any), as have become payable by him in respect of the qualifying property up to the then last preceding fifth of January. (3.) Every person so qualified shall be entitled to be enrolled as a burgess, unless he — (o.) Is an alien ; or * See 51 & .52 Vict. c. 41, s. 75. t See the Municipal Voters Relief Act LSSu, s. 2, and the Electoral Disabilities Eemoval Act 1891, s. 2. + See s. 231, and 51 & 52 Vict. c. 41. s. 77. § See s. 32, and the Poor Rate Assessment Act 1869, ss. 7 and 19, [45 & 40 Vict.] ^fanicipal Corporations Act 1882. [Chap. Ou.j 877 (6.) Has within the twelve months aforesaid received union or parochuil reHef or other alms * ; or (c.) Is disentitled under any Act of Parliament.t Council ; Mai/or, Aldermen, and Councillors. 10. [As to constitution of Council, Superseded {ns reyards county councils) hy b\ «i: 52 Vict. c. 41, s. 1.] 11. — (1.) The councillors shall Ijo lit persons electtd hy the ljurge>ses. ' " ' [Seess. 12, 34 (3), and o'J (3).) (2.) A person shall not be (iualitied to be elected <»r tu \Hi n councillor, X unless he — («.) Is enrolled and entitled to be enrolled its a burgess [see s. 9 (2)] ; or (6.) Being entitled to be so enrolh-d in all respects except that of residence, is resident beyond seven miles but within fifteen miles of the borough, and is entered in the separate non-residt-nt list directed by this Act to be made [see 51 it 52 Vict. c. 41, .v. 77J : and (c.) In either of those cases, is seised or possessed of real or personal property or l>oth, to the value or jimount, in the case of a borough having four or more wards, of one thousand pounds, and in the case of any other borough, of five hundred pounds, or is rated to the poor rate in the borough, in the cai>e of a borough having four or more wards, on the animal value of thirty pounds, and in the case of any other borough of fifteen pounds. [.See 51 &, 52 Vict. c. 41, s. 2 (2) {!>).] (3.) Provided, that every person shall be cpialified to be elected and to be a councillor, who is, at the time of election, (jualitied to elect to the office of councillor ; which last-mentioned cpialitication for being elected shall be alternative for and shall not repeal or take away any other qualilication. (4.) But if a person ijualilied umUr the last foregoing pro\'iso ceases for six months to reside in the borough, he shall cease to be qualitieti under that proviso, and his office shall become vacant, unless he was at the time of his election and continues to be qualilied in some other manner. 12. — (1.) A person shall be disqualified for being elected and for being Disqualifica- a councillor, § if and while he — tio»s for (rt.) Is an electice auditor or a revising assessor,^ or holds any office y^'"^..,, or place of profit, other than that of mayor or sheriff, in the *■ lift or di 57 tt 58 isposal of the council [see 51 k 52 Vict. c. 41, «. 4U (2), and ]'ict. c. clxxxvii. N. 3;5| ; or (b.) Is in holy orders, or the regular minister of a dissenting congi-e- gation [see 51 ve- law having been ap[)roved and confirnietl by the authority who.-e appmval or confirmation is required to the making or before the enforcing of the byelaw. \See 52 & 53 Vict. c. 03, .s. 20.] Accounts and Attdii, 25. [lim-ottt/h aiiiUtora. Not ap])licnble to Loni/on. See 51 6: 52 Virl. c. 41, 6'. 75 (IG) {/>), and G2 & 03 Vict. c. 14, «. 14.] 26. The treasuier shall make up his accounts half-yearbj to such dates llalf-vearly as the council, toith the approval of the Local Government Hoard, from time accounts of to time appoint ; and, subject to arn/ suclo apjtointinent, to the dates in use at treasurer. the commencement of tliis Act. \)Vords in italics not applicable to county cotmcils 07' metropolitan boi'ongh councils, whose accounts are made up yearly to 'i\st Jfarch. See 51 & 52 Vict. c. 41, .s-. 73 (1), arid 02 (k 03 Vict, 'c. 14, s. 14. See also s. 233, and 51 & 52 Vict. c. 41, s. 71 (2).] 27. — (1.) The treasurer shall within one month from the date to Audit and which he is required to make up his accounts in each half year, submit pul>lJcation them, with the necessary vouchers and papers, to the borough f'^f^l'iors,'^,^^^''^^^^ and they shall audit tliein. \]Vord,s in italics superseded as regards county councils and tJte metro})olitan borough councils. See 51 Sa 52 Vict. c. 41, s. 71 (3) ; and 02 & 03 Vict. c. 14, s. 14. See also s. 233.] (2.) After the audit of the accounts for the second half of each financial year the treasurer shall print a full abstract of his accounts for that year. [See s. 233; 38 & 39 Vlct. c. 55, ss. 247 and 250; 51 & 52 Vict. c. 41, 6'. 71 (3) ; and 02 & 03 Vict. c. 14, s. 14.] 28. — (1-) The town clerk shall make a return to the Local Government Hctiims Board of the receipts and expenditure of the municipal corporation for each t-J L<->tal financial year. BoarT°'*'°^ (2.) The return shall be made for the financial year ending on the twenty-fifth of March,* or on such other day as the Local Government Board, on the application of the council, from time to time prescril)e. (3.) The return shall be in such form and contain such particulars as the Local Government Board from time to time direct. (4.) The return shall be sent to the Local Government Board within one month after the completion of the audit for the second half of each financial year. [Words in italics not applicable to London. See note on s. 20. J (5.) If the town clerk fails to make any return required under this section, he shall for each ottence l)e liable to a fine not exceeding twenty pounds to be recovered by action on behalf of the Crown in the Higli Court. (G.) The Local Government Board shall in each year prepare an al^tract of the returns made in pursuance of this section, under general heads, and it shall be laid before both Ilou.ses of Parliament. [See 51 & 52 Vict. c. 41, s..-. 71 (2), 75 (5), and 02 .<: 03 Vict. c. 14, .s. H.] 29. [As to revising assessors. Hep. 01 6c 02 Vict. c. 22 (.S'.Z./i'.).] 30. [Division of a borough into wards or alteration of wards. Xot applicable to London. See 51 & 52 Vict. c. 41, .s-. 75 (10) (6), and 02 k 03 Vict. c. 14, ss. 2 (2) and 20.] Supplemental and E.vceptional Provision's. 31. In and for the purposes of this Act — {<(.) The terms hou.se, warehouse, counting house, shop, or other Occupation building include any part of a house, where that part is of jxirt of separately occupied for the purposes of any trade, business, ov "ouse. profes.sion ; and any such part may, for the purpo.se of ilescribing * See 51 & 52 Vict. c. 41, s. 73, and C2 a: 153 Vict. c. 14, s. 14. 88Ji [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] Claim by occupier to be rated. Kules as to qualification of burgess on suc- cession, etc. Obligation to accept office or pay fine. the qualification, be de.scribed as office, chambers, studio, or by any like term applicable to the case. (6.) Where an occupier is entitled to the sole and exclusive use of any part of a house, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part. [See 51 Vict. c. 10, s. 2 (2).] 32. — (1.) If an occupier of any qualifying property, whether the landlord is or is not lial)le to be rated to the poor rate in respect thereof, claims to be rated to the poor rate in respect thereof, and pays or tenders to the overseers of the parish where the property is situate the full amount of the poor rate last made in respect of the property, the overseers shall put the occupier's name on the rate book in respect of that rate. [>See 32 &, 33 Vict. c. 41, s. 19.] (2.) If they fail to do so, he shall nevertheless for the purposes of this Act be deemed rated to that rate. 33. — (1.) Where a person succeeds to qualifying property by descent, marriage, marriage settlement, devise, or promotion to a benefice or office, then, for the purpose of qualification, the occupancy of the property by a predecessor in title, and the i-ating of the predecessor in resj^ect thereof, shall be equivalent to the occupancy and rating of the successor ; and rating in the name of the predecessor shall, until a new rate is made after the date of succession, be equivalent to rating in the name of the successor ; and the successor shall not be required to prove his own residence, occupancy, or rating before the succession. (2.) The qualifying property need not be throughout the twelve months constituting the period of qualification the same property or in the same parish. (3.) Where by law a borough rate is payable by instalments, payment by any person of any such instalment shall, as regards his qualification to be ini'olled as a burgess, be deemed a payment of the borough rate in respect of the period to which the instalment applies. (4.) A person shall not be disentitled to be enrolled as a burgess by reason only — (a.) That he has received medical or surgical assistance from the trustees of the municipal charities, or has been removed, by order of a Justice, to a hospital or place for reception of the sick, at the cost of any local authority ; or (b.) That his child has been admitted to and taught in any public or endowed school. \See the Eleme7ita7'y Education Act 1876, s. 10.] [See 51 Vict. c. 1% s. 2 (2).] 34. — (1.) Every cjualified person elected to a corporate office, unless exempt under this section or otherwise by law,* either shall accept the office by making and subscribing the declai-ation required by this Act within five days t after notice of election, or shall, in lieu thereof, be liable to pay to the council a fine of such amount not exceeding, in case of an alderman, councillor, elective auditor, . . . fifty pounds, and in case of a mayor one hundred pounds, as the council by byelaw determine. [See ss. 7 (1), 35, a7id 36.] (2.) If there is no byelaw determining fines, the fine, in case of an alderman, councillor, elective anditor, . . . shall be twenty-five pounds, and in case of a mayor fifty pounds, t * See ss. 253 and 257; Excise Management Act 1831, s. 11 ; the Births and Deatlis Registration Act 1837, s. 18; Post Office (Management) Act 1837, s. 12; Medical Act 1858, s. 35; Aliens Act 1870, ss. 2 and 7 ; Customs Consolidation Act 1876, s. 9; Factory and Workshops Act 1878, s. 67 ; Dentists Act 1878, s. 30; Army Act 1881, s. 146 ; 'Eeserve Forces Act 1882, s. 7 ; 51 & 52 Vict. c. 41, s. 75 (16) (c) ; and the Inland Revenue Regulation Act 1890, s. 8. See also s. 12 and note thereon. t See 51 & 52 Vict. c. 41, s. 75 (14), and 54 & 55 Vict. c. 68, s. 5. j By the Standing Orders (No. 99) of the London County Council, the fine has been fixed at £ I sterling as regards members elected to the Council. [45 & 46 Vict.] Municipal Corporations Act 1S82. [Chap. 5u.] 883 (3.) The persons exempt utider this section aiv — {a.) Any person disabled by lunacy or iujlx/cilily of mind, or by deafness. blindness, or other permanent infirmity of body ; and {b.) Any person who, bein;;^ ab(jve the age of sixty-live years, or having witliin live years before tlie day of his election either servi-'l the olhce or paid the fine for non-acceptance thereof, claims t-xeuiption within five days after notice of his election. (4.) A fine payable inider this section siiall Ix* recoverable summarily. [Words omitted (''^ or revisiiuj assessor") oftsolete. Sve 51 lict. c. lU, «. 4 (1) (a). Woi'ds in italics not applicable to London.] 35. A person elected to a corporate oliice shall not, ui^til he has made Declaration and sub.scribed before two members of the council, or the town clerk, a ^[ "^'^ declaration as in the eighth Schedule, act in the office except in adminis- " tering tiiat decltirati(jn. [^Amend'id 54 ifc 55 Vict. c. G3, s. 5. J 36. — (1.) A person elected to a corporate office may at any time, by Fine on re- writing signed by him and delivered to the town clerk, resign the office, on sig:nation,etc. payment of the line provided for non-acceptance thereof. [.See s. 34.] (2.) In any such case the council shall forthwith declare the office to be vacant, and signify the same by notice in writing, signed by three members of the council and countersigned by the town clerk, and dxed on the town hall, and the office shall thereupon become vacant. (3.) No person enabled by law to make an aliirmation instead of taking an oath shall be liable to any fine for non-acceptance of office by rea.son of his refusal on conscientious grounds to take any oath or make any declaration rerpiired by this Act or to take on himself the duties of the office. 37. A person ceasing to hold a corporate office shall, unless disqualified Ke-eligibility to hold the office, be re-eligible. of office holders. 38. The mayor and aldermen shall, during their respective offices. Mayor and continue to be members of the council, notwithstanding anything in this aldermen to Act as to councillors going out of office at the end of thiea years. continue 39. — (1.) If the mayor, or an allerman or councillor — council. («.) Is declared bankrupt, or compounds by deed with his creditors, or Avoi.lance of makes an arrangement or composition with his creditors, under ^'*'"« ^y the Bankruptcy Act, 1869,* by deed or otherwise [See also the ^^f^'^^'' Bankruptcy Act 1683, ss. 32 (1) and 34] ; or 32 jc 3;; \ ., , (6.) Is (except in case of illness) continuously absent from the lx>rough, c. 71. bein(^ mayor, for more than two months, or, being alderman or councillor, for more than six months: [.See 51 A: 52 Vict. c. 41, s. 75 (14)J he shall thereupon immediately become discpialified and shall cease to hold the office. (2.) In any such event the council shall forthwith declare the office to be vacant, and signify the same by notice signed by three membei-s of the council, and countersigned by the town clerk, and fi.xed on the town hall, and the office shall thereupon become vacant. (3.) Where a [Ki-son becomes so distpialilied by being deidared bankrupt, or compounding, or making an arrangement or composition, as aforesaid, the disiiualitication, as regards subsequent elections, shall, in case of bankruptcy, cease on his obtaining his older of discharge, and .shall, incase of a compounding or composition as aforesaid, cease on piyment of his debts in full, and shall, in case of an arrangement as afore.said, cea^ on his obtaining his certilicate of dischaige. (4.) Where a person becomes so disqualilieil by absence, he shall be liable to the same line as for non-acceptance of office, recoverable summarily, but the disqualification shall, as regards subsecpient elections, cease on his return. * Rep. and replaced by the Bankruptcy Act 1883. 884 [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] Filling of casual vacancies. Penalty on unqualified person acting in office. Validity of acts done not- %vithstanding disqualifica- tion, etc. Duties of town clerk, deputy, and treasurer, during vacancy or incapacity. 40.* — (1.) On a casual vacancy in a corporate office, an election shall be held by the same persons and in the same manner as an election to fill an ordinary vacancy ; and the jierson elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office. ]^See 54 & 55 Vict. c. 68^ «• 1 (4)-] (2.) [As to tioo or more casual vacancies to he filled at the same time. iSot apjMcable to county councils or metrojjolitan horovgh coitncils. See 51 & 52 Vict. c. 41, s. 2 {(l); 56 & 57 Vict. c. 73, s. 48 (4); and the MetrojyolitaJi Boroughs {Triennial Election of Councillors) Order in Council 1901.] 41.* — (1.) If any person acts in a corporate office without having made the declaration by this Act required, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, he shall for each offence be liable to a fine not exceeding fifty pounds, recoverable by action. (2.) A person being in fact enrolled in the burgess roll shall not be liable to a fine for acting in a corporate office on the ground only that he was not entitled to be enrolled therein. 42. — (1.) The acts and proceedings of a person in possession of a corporate office, and acting therein, shall, notwithstanding his disquali- fication or want of qualification, be as valid and eflfectual as if he had been qualified. [See also ss. 11, 12, 39, aiid 102.] (2.) An election of a person to a corporate office shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person before whom the election was had, if that person was then in actual possession of, or acting in, the office giving the right to preside at the election. (3.) A burgess roll shall not be liable to be questioned by reason of a defect in the title, or want of title, of the mayor or any revising authority by whom it is revised, if he was then in actual possession and exercise of the office of mayoi* or revising authority. [See 51 Vict. c. 10, ss. 4, 9, and 10.] 43. If there is no town clerk, and no deputy town clerk, or there is no treasurer, or the town clei-k, deputy town clerk, or treasurer (as the case may be) is incapable of acting, all acts by law authorized or required to be done by or with respect to the town clerk or the treasvirer (as the case may be) may, subject to the provisions of any other Act, be done by or with respect to a person appointed in that behalf by the mayor. [See 51 & 52 Vict. c. 41, ss. 2 (5), (G), and 88.] The burgess roll and ward roll. PART III. Preparations for and Procedure at Elections. Parish Burgess Lists; Burgess Bolls; Ward Bolls. 44. [As to the preparation and revision of parish burgess lists. Not applicable to London. See 51 Vict. c. 10, s. 4.] t45. — (1.) When the parish burgess lists have been revised and signed, the revising authority shall deliver them to the town clerk, and a printed copy thereof, examined by him and signed by him, shall be the burgess roll of the borough. (2.) The burgess roll shall be completed on or before the twentieth of October in each year, and shall come into operation on the first of November in that year, and shall continue in operation for the twelve months Vjeginning on that day, (3.) The names in the burgess roll shall be numbered by wards or by * See also 56 & 57 Vict. c. 73, s. 48 (4), and the Metropolitan Borough Councillors. Election Order 1903, Sch. o. t See 51 Vict. c. 10, s. 7 (2). [45 & 40 Vict.] Murddpal Corporations Act 1882. [Chap. 5u,] 885 polling,' districts, unless in iiny cuse the counc-il direct that the sjiiue be nuniWeit'd consecutively without reference to wards (jr [jollin;^ districts. (4.) [yls to a borough having no wards. Not applicable to London.] (5.) Where th(! Ijoroufrh lias wards, tlie hurj.^ess r(jll shall Ix' made in separate rolls, called ward rolls, one for each ward, containing; the names of the persons entitled to vote in that ward, and the wan! rolls collectively shall constitute the burge.ss roll. (G.) A biii'ges.s shall not lie eni'ollcil in more than one waiil roll. [,ye« ss. 51 {-2) and 5'J.] (7.) Where a duplicate of a burgess list is made under section thirty- one of the Parliamentary ami Municipal Registration Act, \H7H, it shall have the same etl'ect as the original, and may be delivered instead thereof. (8.) Every per.son enrolled in the burgess roll shall be deem* d to be enrolled as a burgess, and every pei-son not enrolled in the burge.ss roll shall be deemed to be not enrolled as a Ijurgess. (9.) No stamp duty shall Ije payable in respect of the enrolment of a burgess. [See G2 it G3 Vict. c. 11, x. 27 (2), a)ul the London Registration Order in Council 19U1.] 46 — 47. [An'angement of lists and rolls, and correction of burgess roll. Supei'seded (as regards London) by 51 Vict. c. 10, ss. 5 and 6.] 48. — (1.) The town clerk shall cau.se the parish burge.ss lists, the lists Printing of claimants and respondents, and the burgess roll, to be printed, and '"^"d s-ile of shall ileliver printed copies to any person on payment of a reasonable price ' jji~|jti,j^^ for each copy. ilocuuiciuv (2.) Subject to section thirty of the Parliamentary and Municipal Registration Act, 1878, the proceeds of sale shall go to the borough fund. [See 51 Vict. c. 10, s. 7 (2).J 49. [^1*^ to separate list of persons qualified to be councillors but not to be burgesses. Not applicable to London. See 51 tt 52 Vict. c. 41, s. 77.] Election of Councillors. 60. [As to boi-ough and ivard elections. Not applicable to London.] 51. — (1.) At an election of councillors a person shall be entitled to Title to vote, subscribe a nomination paper, and to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll, or, in the case of a ward election, the ward roll, and not otherwise. (2.) No person shall subscribe a nomination paper in or for more than one ward, or vote in more than one ward. (3.) Nothing in this section shall entitle any person to do any act therein mentioned who is prohibited by la\v' from doing it, or relieve him from any penalty to which he may be liable for doing it. [See the '3rd Sch., Part II.] 52. The ordinarv dav of election of councillors shall be the first of Day of November. [See 54 .t 55 Vict. c. 08, s. 1, and G2 .t G3 Vict. c. U, «. 3.] election. 53. [Returning officer at election. Xot applicable to Lomlon. See 51 it 52 Vict. c. 41, s. 75 (2)', (3), and 56 & 57 Vict. c. 73, s. 48 (2) (vi.).] 54. Nine days at least before the day for the election of a councillor. Notice of the town clerk shall prepare and sign a notice thereof, and pul)lish it by election, fixing it on the town hall, and, in the case of a ward election, in some conspicuous place in the ward. [See 51 &, 52 Vict. c. 41, s. 75 (5).] 65. The nomination of candidates for the ortice of councillor shall be N'..minatiou conducted in accordance witli the rules in Part II. of the Third Sciie^lule. of candidates. 56.* (1.) If the number of valll nominations exceeds that of the Relation of vacancies, the councillors shall be dectc.l from among the persons nomin..tion ' to election, nominated, * See the Metropolitan Borough Councillors Election Order 1903, Sob. 5. 886 Publication of imcontested election. Mode of con- ducting poll at contested election. 35 & 36 Vict. c. 33. Questions which may be put to TOters. Tinae and mode of election of aldermen. [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] (2.) If the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected. (3.) If the number of valid nominations is less than that of the vacancies, the persons nominated shall be deemed to be elected, and such of the retiring councillors for the borough or ward as were highest on the poll at their election, or, if the poll was equal, or there was no poll, as are .selected for that purpose by the mayor, shall be deemed to be re-elected to make up the required number. [See 51 & 52 Vici. c. 41, s. 75 (4).] (4.) If there is no valid nomination, the retiring councillors shall be deemed to be re-elected. 57. If an election of councillors is not contested, the returning officer shall publish a list of the persons elected not later than eleven o'clock in the morning on the day of election. 58. (1.) If an election of councillors is contested, the poll shall, as far as circumstances admit, be conducted as the poll at a contested parlia- mentary election is by the Ballot Act, 1872, directed to be conducted, and, subject to the modifications expressed in Part III. of the Third Schedule, and to the other provisions of this Act, the provisions of the Ballot Act, 1872, relating to a poll at a parliamentary election (including the provisions relating to the duties of the returning officer after the close of the poll), shall apply to a poll at an election of councillors. (2.) Every person entitled to vote may vote for any number of candidates not exceeding the number of vacancies. (3.) (4.) [Hours of poll. Superseded by Elections {Hours of Poll) Act 1885; 51 & 52 Vict. c. 41, s. 75 (11) ; a7id 56 & 57 Vict. c. 73, s. 31.] (5.) Where an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer, whether entitled or not to vote in the first instance, may give such additional vote by word of mouth or in writing. (6.) Nothing in the Ballot Act, 1872, as applied by this Act, shall be deemed to authorize the appointment of any agents of a candidate at a municipal election ; but if, in the case of a municipal election, an a,gent of a candidate is appointed, and notice in writing of the appointment is given to the returning officer, one clear day before the polling day, then the provisions of the Ballot Act, 1872, with respect to agents of candidates, shall, as far as regards that agent, apply in the case of that election. 59. — (1.) At an election of councillors, the presiding officer shall, if required by two burgesses, or by a candidate or his agent,* put to any person offering to vote, at the time of his presenting himself to vote, but not afterwards, the following questions, or either of them : («.) Are you the person enrolled in the burgess [or ward] roll now in force for this borough [or ward] as follows [read the ivhole entry from the rolt\ 1 {h.) Have you already voted at the present election [add, in case of an election for several wards, in this or any other ward] 'i (2.) The vote of a person required to answer either of these questions shall not be received until he has answered it. (3.) If any person wilfully makes a false answer thereto he shall be guilty of a misdemeanour. (4.) Save as by this Act authorized, no inquiry shall be permitted at an election as to the right of any person to vote. Election of Aldermen. 60. — (1.) The ordinary day of election of aldermen shall be the ninth of >November, and the election shall he held at the quarterly meetimj^of the council. [Words in italics not applicahle to London. See 54 & 55 Vict, c. 68, s. 1 (3) ; 56 & 57 Vict. c. ccxxi. s. 10 ; and 62 & 63 Vict. c. 14, s. 3 (3).] * See the Municipal Elections (Corrupt and Illegal Practices) Act 1884, s. 13 (1) (&), and the Metropolitan Borough Councillors Election Order 1903, rr. 16, 17, and 24 (5). [45 & 46 Vict.] Municipal Corporations Act \^h2. [Chap. 50.] S8: (2.) The election shall he held irnrnefliiitely after the election of the mayor, or, if there is a sherifl", the appointment of the sheriff. (3.) An outgoing alderman, although niavor elect, shall not vote, [See 51 ck 52 Vict. c. 41, s. 'l (2) (c).] (4.) Every person entitled to vote may vote for any number of pei-sons not exceeding the number of vacancies, by signing and {x-rsonally delivering at the meeting to the chairman a voting paper containing the 8urnameH and other names and places of abtxle and descriptions of the persons for whom he votes. (5.) The chairman, as soon as all the voting papers have been delivered to him, shall opeidy produce and read them, or cause them to Ix- read, and then deliver them to the town ck-rk to be kept for twelve months. (0.) In case of equality of votes the chairman, although as an outgoing alderman or otherwise not entitled to vote in the tii-st instance, shall have the casting vote. (7.) The persons, not exceeding the number of vacancies, who have the greatest number of votes, shall be declared by the chairman to be, and thereupon shall be, elected. Election of Mayor. 61. — (1.) The ordinarv dav of election of mavor .shall be the ninth of Time and November. [See 54 ct 55 Vict. c. 08, s. 1 (3), am) 62 k f.3 Vict. c. 14, s. 3.] ^^j*j^Jjf ^,j (2.) The election of mayor shall be the first business transacted at the xaii\0T. quarterly meeting of the council on the day of election. [See note on s. 60 (1).] (3.) An outgoing aldei'man may vote, uUhouylt, tiie person for v:hom he votes is an alderman. [Not applicable to London. See 51 S'ee 56 & 57 Vict. c. 73, s. 48 (3), and the Metrojwlitayi Borough Councillors Election Order 1903, »-. 23 (1) and ^th Sch.] 75. — (1.) If a mayor or revising assessor a parish burgess list, or a mayor f or alderman conduct or declare an election, as required by this Act, he shall for every such offence be liable to a fine not exceeding one hundred pounds, recoverable by action. [See s. 226.] («.) An overseer neglects or refuses to make, sign, or deliver a parish burgess list, as reqviired by this Act ; or neglects or refuses to revise neglects or refuses to * See 51 & .'32 Vict. c. 11, s. 75 (1) and (5). t See 51 & 52 Vict. c. 41, s. 75 (4), and the Metropolitan Borough Councillors Election Order 11)03, r. 1 (1). [45 & 46 Vict.] Municipal CorpuratioiiH Act 1882. [Chap. 50.] {h.) A town clerk nefiflccts oi- refuses to receive, print, and publish, a parish burge.ss list or list ok" t-liiiujuiits or respondfut.s. .hs r«-ijuired liy tliis Act; or (c.) An overseer or town clerk refuses to allow any kucIi list to be inspected by a person having a rif^ht thereto [nee 02 li: •'■"• Vi'-t. c. 14, .s. 11]; he shall for every such neglect or refusal Ije liable to a fine not exceeding fifty poun7. See the E.rpirimj Laic t'ontinnance Act 1906.] v.. I I'Airr IV. Corrupt Practices and Electio.v Petitions. Corrupt Practices. 77. In this part — I'ctuuiionB. ■• I5iil)ery,'' "treating," "undue influence," and " [jersonation " include respectively anything done before, at, after, or with respect to a municipal election, which if done liefore, at, after, or with respect to a parliamentary election would make the person doing the same liable to any penalty, punishment, or disqualification for bribery, treating, undue influence, or personation, as the case may be, under any Act for the time being in force with respect to parliamentary elections : [See the Mmiicipal Elections {Corrupt and Illeijal Practices) Act 1^8-4, 3«Z Sch. Part L; 51 JL- 52 Vict. •c 41, s. 75 ; and the Metropolitan Borough Councillors Election Order 1903, r. 24 (2).] " Candidate " means a person elected, or having been nominatetl, or (having declared himself a candidate for election, to a corporate otlice : '* Voter " means a burgess or a person who votes or claims to vote nt a municipal election : " Election court " means a court constituted under this part for the trial •of an election petition : "Municipal election petition " or " election petition" means a petition under this part complaining of an undue municipal election : "Parliimientary election petition" means a petition under the Parlia- :u a: 32 Vict. mentary Elections Act, 1808: " '-•'• " Prescril)ed" means pre.scribed by general rules made under this pari "Borough" and "election" when used with reference to a petition (mean the boiough and election to which the petition ndates. [Parts 0}iiitted {dfjinitions of '• corrajU practice " and '■ can causer") rep. bt/ ■the Municipal Elections {Corrujit and Illegal Practices) Act 1884, s. 38. See ibid. s. 1.] 78 — 80. [General penaltie.aid agents and canvas.'iers and pai/ment for conre»/aure .of voters— Prosecutions for corrupt jn'actices. Rep. and )'ef>liration of the time limited for making objections, or, Petition at after objection made, on the objection being disallowed or removed, issue, whichever last happens, the petition shall be at issne. 91. — (1.) The prescribed officer shall as soon as may be make a list, in Municipal this Act referred to as the municipal election list, of all election petitions election list, at issue, placing them in the order in which they were presented, and shall keep at his office a copy of this list, open to inspection in the prescribed manner. (2.) The petitions shall, as far as conveniently may be, be tried in the order in which they stand in the list. (3.) Two or more candidates may be made respondents to the same petition, and their cases may be tried at the same time, but for the purposes of this part the petition shall be deemed to be a separate petition against each respondent. (4.) Where more petitions than one are presented relating to the same election, or to elections held at the same time for different wards of the same borough, they shall be bracketed together in the list as one petition, but shall, unless the High Court otherwise directs, stand in the list in the })lace where the last of them would have stood if it had been the only petition relating to that election. 92. — (1.) An election petition shall be tried by an election court Constitution consisting of a barrister qualified and appointed as in this section of election provided, without a jury. court. (2.) A barrister shall not be qualified to constitute an election court if he is of less than fifteen vears standin<>:, or is a member of the Commons House of Pai-lianient, or holds any office or place of profit under the Crown, other than that of recorder. (3.) A barrister shall not be qualified to constitute an election court for trial of an election petition relating to any borough for which he is recorder, or in which he resides, or which is included in a circuit of Her Majesty's Judges on which he practises as a barrister. (4.) As soon as may be after a municipal election list is made out the prescribed officer shall send a copy thereof to each of the .Judges for the time being on the rota for the trial of parliamentary election petitions. . . . [^Part omitted {as to appointment of Commissioners xmder this part of this Act) rep. hij the Municipal Elections {Corrupt Practices) Act 1884, s. 38. See ibid. s. 36.] (5.) If a commissioner to whom the trial of a petition is assigned, dies, or declines or becomes incapable to act, the said Judges or two of them may assign the trial to be conducted or continued by any other of the commissioners apptnnted under this section. (6.) The election court shall for the purposes of the trial have the same powers and privileges as a Judge on the trial of a parliamentary election petition, except that any fine or order of committal by the court may on motion by the person aggrieved be discharged or varied by the High Court, 892 [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] 01- in vacation by a Judge thereof, on such terms, if any, as the High Court or Judge thinks fit. Trial of 93. — (1.) An election petition shall be tried in open court, and notice election j^£ ^^^^ time and place of trial shall be given in the prescribed manner not less than seven days before the day of trial. (•2.) The place of trial shall be within the borough, except that the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial. (3.) The election court may in its discretion adjourn the trial from time to time, and from any one place to any other place ^^•ithin the Iwrough or place where it is held. (4-.) At the conclusion of the trial the election court .shall determine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void, and shall forth- with certify in writing the determination to the High Court, and the determination so certified shall be final to all intents as to the matters at issue on the petition. (5.) Where a charge is made in a petition of any corrupt practice or oflFence against this part having been committed at the election the court .shall, in addition to the certificate, and at the .same time, report in writing to the High Court as follows : («.) Whether any corrupt practice or offence against this part has or has not been proved to have been committed by or with the knowledge and con.'^ent of any candidate at the election, and the nature of the corrupt practice or offence ; (]:>) The names of all persons (if any) pi'oved at the trial to have been guilty of any corrupt practice or offence against this part ; (c.) Whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election in the borough or in any Avard thereof. (6.) The election court may at the same time make a special report to the High Court as to any matters ari.sing in the course of the trial, an account of which ought, in the judgment of the election court, to be submitted to the High Court. (7.) If, on the application of any party to a petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently .stated as a special case, the High Court may direct the same to be stated accordingly, and any such special case shall be heard before the High Court, and the decision of the High Court shall be final. (8.) If it appears to the election court on the trial of a petition that any C|uestion of law as to the admissibility of evidence, or otherwise, requires further consideration by the High Court, the election court may postpone the granting of a certificate until the question has been determined by the High Coui-t, and for this purpose may reserve any such question, as questions may be reserved by a judge on a trial at nisi prius. (9.) On the trial of a petition, unless the election court otherwise directs, any chai-ge of a corrupt practice or offence against this part may be gone into, and evidence in relation thereto received before any proof has bten given of agency on behalf of any candidate in respect of the corrupt practice or offence. (10.) On the trial of a petition complaining of an undue election and claiming the oflice for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if he had presented a petition against the election of that person. (11.) The trial of a petition shall be proceeded with notwithstanding that the respondent has ceased to hold the oifice his election to which is questioned by the petition. (12.) A copy of any certificate or report made to the High Court on the [45 & 46 Vict. J Municipal Corporations Act 1882. [Chap. 50.] 893 trial of a petition, and, in the case of a decision by the High Court on a special case, a statement of the decision, shall be sent by the High C'oui't to the Secretary of State. (13.) A copy of any such certificate and a stalcnient of any such decision shall also be certified by the High Court, under the hands of two or more judges thereof, to the town clerk* of the borough. 94. — (1.) Witnesses at the trial of an election petition shall be Witnesses, summoned and sworn in the same manner, as nearly as circumstances admit, as witnesses at a trial at nisi prius, and shall be lialde to the same penalties for perjury. (2.) On the trial the election court may, by order in writing, require any person who appears to the court to have been concerned in the election to attend as a witness, and any person refusing to obey the order shall be guilty of contempt of court. (3.) The court may examine any person so required to attend or being in court although he is not called and examined by any party to the petition. (4.) A witness may, after his examination by the court, be cross-exa- mined by or on belialf of the petitioner and respondent or eitlier of them. (5) — (8). \^As to certaia matters of p^'ocedure. Rep. hij tlte Monicipal Elections {Coii'upt Practices) Act 1884, s. 38.] (9.) The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions at the assizes, may be allowed to him by a certificate of the election court or of the prescribed officer, and if the witness was called and examined l)y the court, shall be deemed part of the expenses of providing a court, but otherwise shall be deemed costs of the petition. 95. — (1.) A petitioner shall not withdi\aw an election petition \\'ithout Withdrawal the leave of the election court or High Court on special application, made ^^ petition, in the prescribed manner, and at the presciibed time and place. [ee note* on s. 99 which ajyjylies.] 103. Where on an election petition the election of any person to a corporate office has been declared void, and no other person has been declared elected in his room, a new election shall Vje held to supply the vacancy in the same manner as on a casual vacancy ; and for the purposes of the election any duties to be performed by a mayor, alderman, or other officer, shall, if he has been declared not elected, be performed by a deputy, or other person who might have acted for him if he had been incapacitated by illness. [>See note on s. 75.] 104. A person who has voted at a municipal election by ballot shall not in any proceeding to question the election be required to state for whom he has voted. PART V. Corporate Property and Liabilities. Prohibition of expendi- ture of cor- porate funds on parlia- mentary- elections. Misapjilication of Corporate Property. 124. — (1.) It shall not be lawful for a municipal corporation, or the council of a borough, or a corporate officer, or a trustee, or other person acting for a municipal corporation, to pay or apply any money, stocks, funds, securities, or personal property, of or held in trust for the cor- poration, in payment of any expenses occasioned by a pailiamentary election or incurred by anv' person offering himself as a candidate at or before a parliamentary election. (2.) Any bond, covenant, recognisance, or judgment given by a corporation, council, officer, trustee, or person as aforesaid, for securing payment of such expen.ses, shall be void. (3.) Any payment, application, bond, covenant, recognisance, or judgment made or given by a corporation, council, officer, trustee, or person as aforesaid, for inducing any person to labour in a parliamentary election at a futuie time, or to pay or incur expenses as aforesaid at a futui'e time, shall be deemed to be forbidden and declaimed void by this section, although colourably made or given for any other cause or consideration. (4.) Any mortgage or other disposition of corporate land for securing or satisfying any expenses or engagements incurred or to be incurred as aforesaid, and any estate or charge thereby created, shall be void. (5.) Any resolution, byelaw, or other proceeding of'a council, purporting to direct or authorize any payment or thing forbidden by this section, or made or adopted for evading the provisions thereof, shall be 'void. (6.) If any member of a municipal corporation authorizes or directs any payment or application forbidden by this section, or assents to, or concurs or participates in, any affirmative vote or proceeding relating thereto, or signs or seals in his individual capacity, or affixes the corporate seal to, any instrument by this section declared void, he shall be guilty of a misdemeanour, and, on conviction thereof in the High Court, shall, in addition to such punishment as the court awards, be for ever disabled to take, hold, or exercise any office in the same corporation. [45 & 46 Vict.] Municipal Corporations Act 1882. [Chap. 50,] 897 (7.) It" any corporate officer, trustee, or other person as aforesaid, makes, or concurs in making, any payment or application of money or property as aforesaid, he shall be deemed to have done so in his own wrong, and he shall be individually liable to repay and make good the amount or value thereof to the corporation, notwithstanding any release or pretended indemnity given to him in the name or on behalf of the corporation. (8.) Any two or more burgesses may bring and prosecute any action in the name of the corporation against any oHicer, trustee, or person making any illegal payment or application as aforesaid, as if they, their executors and administrators, were jointly and severally appointed the irrevocable attorneys of the corporation for that purpose; but the plaintiils shall, on the application of the defendant, give reasonaVjle security, as the court directs, for costs, as between solicitor and client. (9.) Nothing in this section shall affect the provisions of the Ballot Act, 1872, or of any other xict for the time being in force regulating the pavment by the returning oflicer or otherwise of expenses relating to parliamentary elections. PART VII. Borough Fund : Borough Rate : County Rate. — (1.) The borough fund shall be applicable to and charged with -Application ral payments specified in the Fifth Schedule. ^^^^ ^ 140. the sever! (2.) The payments specified in Part I. of that Schedule may be made without order of the council ; those specified in Part II. may not be made without such order, [See 56 & 57 Vict. c. 73, s. 48 (4) and 02 k 63 Vict. c. 14, s. 2 (5).] PART XI. Grant of Charters. 211. — (1.) Every petition for a charter under this Act shall be refeired to a Committee of the Lords of Her Majesty's Privy Council (in this part called the Committee of Council). 213. — (1.) Where a petition for a charter is referred to the Committee Scheme or of Council, and it is proposed by the charter to extend the Municipal continuance Corporation Acts to the municipal borough to be created by the charter, °l ^^^ ' V^"^ the Committee of Council may settle a scheme for the adjustment ef the justment powers, rights, privileges, franchises, duties, property, anil liabilities of of rights any then existing local authority whose district comprises the whole or °^ existing part of the area of that borough, either with or without any adjoining ?, ^"t"0- or other place, and also of any officer of that authority. officers. (2.) The sclieme, so far as it appears to the Committee of Council to be necessary or proper for carrying into effect the said adjustment as regaids any local authority existing at the time of the making of the scheme, may contain pi-ovisions for the continuance of that authority, or for the abolition total or partial of that authority, or for the creation of another authority or authorities, and the alteration of the district of the existing local authority, and the union or other relation of the existing local authority and the authority or authorities so created, and for the continuance, modification, transfer, vesting, and extension to the whole of the borough of all or any of the powers, rights, privileges, franchises, duties, property, and liabilities of the existing local authority, and may contain such provisions as appear to the Committee of Council to be necessary or proper for fully carrying into efioct any such adjustment and provisions as aforesaid. (3.) The scheme, when settled by the Committee of Council, shal Ibe 58 898 [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] published in the London Gazette, and shall not be of any effect unless confirmed as herein-after mentioned. (4.) Where, within one month after the publication of the scheme in the London Gazette, a petition against it by any local authority aflfected thereby, or by not less than one twentieth of the owners and ratepayers of the borough (such twentieth to be one twentieth in number of the owners and ratepayers of the borough taken together, or the owners and ratepayers in respect of one twentieth of the rateable property in the borough and the owners and ratepayers in all cases to include women not under coverture) has been received by the Committee of Council, and is not withdrawn, the scheme shall require the confirmation of Parliament, and the Committee of Council may, if they think fit, submit it to Parliament for confirmation ; but otherwise, at any time after the expiration of the said month, or after the withdrawal of any petition that has been presented, the Committee of Council may, if they think fit, submit the scheme for confirmation, either to Parliament or to Her Majesty in Council, and in the latter case it shall be lawful for Her Majesty to confirm the scheme by Order in Council. (5.) A scheme, when confirmed by Parliament or by Order in Council, shall have full operation, with, in the former case, such modifications, if any, as are made therein by Parhament, as if the scheme were part of this Act. (G.) A local authority for the purposes of this part means a sanitary authority, (not being the mayor, aldermen, and burgesses of a borough subject to the Municipal Corporations Acts,) also the corporation of a borough not subject to the Municipal Corporations Acts, a burial board, trustees, commissioners or other persons who, as a public body and not for their own profit, act under any Act for paving, lighting, supjDlying with water or gas, cleansing, watching, regulating or improving any town or place, or for providing or maintaining a cemetery or market in or for any town or place, and any commissioners, trustees, or other persons (not being Justices) maintaining any police force, and any other authority not in this section excepted, . . . and having powers of local government and of rating for public purposes. \_Words omitted {^' and not being a school board") rep. by the School Boards Act 1885, s. 1 (1).] (7.) The district of a local authority for the purposes of this section means the area within which such authority can exercise any powers or rights. [-See 62 & 63 Vict. c. 14, s. 16 (3).] Supplemental 214. — (1.) A scheme shall, before being settled by the Committee provisions as of Council, be referred for consideration to the Secretary of State and and*charter ^^® Local Government Board. . . . 24 &i 25 Vict. (2-) A scheme shall in every case provide for placing the new borough c. 47. within the jurisdiction of the council as the sanitary authority. (3.) The regulations contained in the Seventh Schedule with respect to the scheme shall be observed. (4.) If the Committee of Council are satisfied that a local authority or other petitioners have properly promoted or properly opposed a scheme before them, and that for special reasons it is right that the reasonable costs incurred by the authority or other petitioners in such promotion or opposition should be paid as expenses properly incurred by the local authority in the execution of their duties, the Committee of Council may order those costs to be so paid, and they shall be paid accordingly. [>S'ee 62 & 63 Vict. c. 14, s. 16 (3).] Power to 218. — (1.) Where a scheme for a borough has been confirmed under amend ^j^jg part, or any former enactment, and the municipal corporation of the ^ ^ ■ borough or one twentieth of the owners and ratepayers of the borough (estimated as in this part mentioned), or a local avithority affected by the scheme, petition the Queen for an amending scheme, the petition shall [45 & 46 Vict.] Municipal Corjjorations Act 1882. [Chap. 50,] 899 be referred to a Committt-e of the Lords of Hei- Majesty's Privy Council (included in the term the Committee of Council in this part), and shall be proceeded on, and this part shall apply thereto, as nearly as may be, as if the same were a petition for a charter extending the Municipal Coi'porations Acts to a municipal borout^h to bo incorporated. {'!.) The Committi^e of ( 'ouncil, if they think fit to submit the amending scheme for confirmation, shall submit the same to Parliament, or they may submit the s;iiiie to Her Majesty in Council, if the original scheme was ■confirmed by Order in Council; and in the latter case it shall be lawful for Her Majesty to confirm the amending scheme by (_)rder in Council. (3.) An amending scheme, when confirmed by Parliament, or by Order in Council, as the case may require, shall have full operation, with, in the former case, such moditicutions, if any, as are made tlierein by Parliament, as if the amending scheme were part of this Act. [See 62 ct G3 Vict. c. 14, s. 16 (3).] PART XII. Legal Proceedings. 219. — (1.) Ill summary proceedings for offences and fines under this I'rosecution Act the information shall be laid within six months after the commission ^^ t-ffences of the offence. and recovery (2.) Any per.son aggrieved by a conviction or a court of summary jurisdiction under this Act may appeal therefrom to a court of quarter sessions. [-See the Sumviary Jurisdiction Act 1879, s, 31.] (3.) Any fine incuri-ed under this Act and not i-ecoverable summarily may l)e recovered by action in the High Court. 220. A conviction, order, warrant, or other matter made or done Exclusion of or purporting to be made or done by virtue of this Act shall not be certiorari, quashed for want of form, and shall not, unless it is an order of the council for payment of money out of the borough fund, be removed by certiorari or otherwise into the High Court. [*See 51 & 52 Vict. c. 41, s. 8(1 (2).] 221 — 223. [As to the application of penalties in quarter sessions hurviKihs — As to the duties of the clerk of the peace as to fines and for- feitures. As to service of summons or execution of warrant. Not apjAicable to London.^ 224. — (1.) An action to i-ecover a tine from any person for acting in Piocedure in a corporate otHce without having made the requisite declaration, or without peual actions being qualified, or after ceasing to be qualified, or after becoming ^,f'^^'^*''. disqualified, may not be brought except by a burgess of the borough, and officers, shall not lie unless the plaiutitf has, within fourteen days after the cause of action arose, served a notice in writing personally on the person liable to the fine of his intention to bring the action, nor unless the action is commenced within three months after the cause of action arose. [.See ss. 41 and 219.] (2.) The court or a judge shall, on the application of the defendant within fourteen days after he has been served with writ of summons in the action, require the plaintiff to give security for costs. (3.) Unless judgment is given for the {Uaintitf", the defendant shall be entitled to costs, to be taxed as between solicitor and client. (4.) Where any such action is brought against a person on the ground of his not being qualified in respect of estate, it shall lie on him to prove that he was so qualified. (5.) A moiety of the tine recovered shall, after payment of the costs of action, be paid to the plaintiff. 226. — (1.) An application for an information in the nature of a quo Quo war- warranto against any person claiming to hold a corporate office shall not ranto and be made after the expiration of twelve months from the time when he ' auius. became disqualified after election. 900 [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] (2.) In the case of such an application, or of an application for a mandamus to proceed to an election of a corporate officer, the applicant shall give notice in writing of the application to the person to be affected thereby (in this section called the respondent) at any time not less than ten days before the day in the notice specified for making the application. (3.) The notice shall set forth the name and description of the applicant, and a statement of the grounds of the application. (4.) The applicant shall deliver with the notice a copy of the affidavits whereby the application will be supported. (5.) The respondent may show cause in the first instance against the application. (6.) If sufficient cause is not shown, the court, on proof of due service of the notice, statement, and copy of affidavits used in support of the application, may, if it thinks fit, make the rule for the information or mandamus absolute. (7.) The court may, if it thinks fit, direct that any issue of fact on an information be tried by jury in London or at Westminster.* (8.) The court may, if it thinks fit, direct that any writ of mandamus issued shall be peremptory in the first instance. Provisions 226. . for protection ^P^^yi oraitted (j)rovisiou that cm action, jyroseciition, or proceeding against actine under ^*'*2/ person for any act done in respect of this Act shall not lie unless taken. Act tvithin 6 months and provision as to tender of ameiuls) rep. 63/ 61 & 62 Vict, c. 22 {S.L.B.). See nov) 5G & 57 Vict. c. 61.] (3.) Subject and without prejudice to any other powers, the council, where the defendant in any such action, prosecution, or other proceeding is their officer, agent, or servant, may, if they think fit, except so far as the court before which the action, prosecution, or other proceeding is heard and determined otherwise directs, pay out of the borough fund or borough rate all or any part of any sums payable by the defendant in or in consequence of the action, prosecution, or proceeding, whether in respect of costs, charges, expenses, damages, fine, or otherwise. [.See also 51 & 52 Vict. c. 41, s. 66.] 227. [Poioer for horongh constables to take hail. Not a2}j)licable to London.] PART XIII. General. 228 — 229. [As to boundaries of boroughs and transfer of parts of boroughs to counties, and as to adjustments of boundaries between horoioghs and counties. Not applicahle to London. See 51 & 52 Vict. c. 41, s. 75 (16) {b), and ibid. Part III.] Time. Computation 230. — (1.) Where by this Act any limited time from or after any date of time. or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day ; and the act or proceeding shall be done or taken at the latest on the last day of the limited time as so computed, unless the last day is a Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter week, or a day appointed for public fast, humiliation, or thanksgiving, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified. * Now the King's Bench Division of the High Court. See the Judicature Act 1873. [45 & 46 Vict.] Mankipal Corporations Act 1882. [Chap. 50.] 901 (2.) Where by this Act any net oi* proceeding is (hrected or allowed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section s[)eci(ied. (3.) WlitTci l)y this Act any act or proceeding is directed or allowed to be done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time. Distance. 231. Tlie distances mentioned in this Act shall l)e measured in a straight Measurement line on a horizontal plane, and may be determined by the map made under ^^ uistaaces. the survey commonly known as the Ordnance Survey. Notices. 232. Any notice or other document required by this Act to be fixed on Notices on the town hall shall be fixed in some conspicuous place on or near the outer <^own hall, door of the town hall, or, if there is no town hall, in some conspicuous place in the borough or ward to which the notice or document relates. Inspection mid Copies. 233. — (1.) The minutes of proceedings of the council shall be open to Inspection of the inspection of a burgess on payment of a fee of one shilling, and a documents, burgess may make a copy thereof or take an extract therefrom. (2.) A burgess may make a copy of or take an extract from an order of the council for the payment of money. (3.) The treasurer's accounts shall be open to the inspection of the council, and a member of the council may make a copy thereof or take an extract therefrom. [See 50 & 51 Vict. c. 41, s. 71 (3) ; 38 & 39 Vict. c. 55, s. 247 ; and 62 & 63 Vict. c. 14, s. 14.] (4.) The abstracts of the treasurer's accounts shall be open to the inspection of all the i-atepayers of the borough, and copies thereof shall be delivered to a ratepayer on payment of a reasonable price for each copy. (5.) [As to the freemen' s roll. ^\'ut applicable to Lo)idon.] (6.) A document directed by this Act to be open to inspection shall be so open at any reasonable time durii:ig the ordinary hours of business, and without payment, unless it is otherwise expressed. (7.) If a person having the cu.stody of any document in this section mentioned, — (a.) Obstructs any person authorized to inspect the same in making such inspection thereof as in this section mentioned ; or (b.) Refuses to give copies or extracts to any pei-son entitled to obtain the same under this section ; he shall, on summary conviction, be liable to a fine not exceeding five pounds. Fees. 234. The town clerk of every borough shall cause a true copy of the Tables of fees tables of fees for the time Iteing authorized to be taken by the clerk of ^'^ be posted, the peace (if any) for the borough, by the clerk to the Justices (if any) for the borough, and by the registrar and officers of the borough civil court (if any), to be po.sted conspicuously in the following places: [see note * on s. 99, which applies] : (a.) The room where the business of the town clerk's office is transacted ; (6.) The room, if any, where the Justices of the borough sit for transacting their business. '902 [Chap. 50.] Municipal Corporations Act 1882. [45 & 46 Vict.] (c.) The room, if any, where the court of quarter sessions of the borough is held ; and {d.) The room, if any, where the borough civil court is held. Seals and Signatures. Forgery. 285. If any person forges the seal or signature affixed or subscribed to a byelaw made under this Act, or the signature subscribed to any minute of proceedings of the council, or tendei's in evidence any such document with a false or counterfeit seal or signature, knowing it to be false or counterfeit, he shall be liable to imprisonment with hard labour for any term not exceeding two years. 236. \^As to notice of ap^ylication to the Treasury for approval of loans and correspondence thereon. Not apypUcahle to London. See 51 & 52 Vict, c. 41, s. 40 (9).] Deputy. Acts of 237. No defect in the appointment of a deputy under this Act shall deputy not to invalidate his acts, be invaliaated by defect in 238. \As to notices to, and acts of overseer's. Not apjMcahle to London.^ appointment. Declarations and Oaths. Power to 239. — (1.) Where by or under this Act a declaration or oath is ^ !u^^^^!^^ required to be made or taken by the holder of a corporate office or other " ' ■ person before the council or any members thereof, or any other persons, they shall have authority to receive and administer the same without any commission or authority other than this Act. \_See, as regards metrop)olitan horouglt councils, the Metropolitan Borough Councillors Election Order 1903, r. 23, Sch. 5.] (2.) Nothing in this Act in any case shall require or authorise the taking or making of any oath or declaration that would not have been 31 & 32 Vict, required or authorised under the Promissory Oaths Act, 1868, or otherwise c- 72. by law, if this Act had not been passed, or interfere with the operation of the Promissory Oaths Act, 18C8. [See also the Oaths Act 1888.] Fo7'ms. Forms in 240. The forms in the Eighth Schedule or forms to the like effect, schedule. varied as circumstances require, may be used, and shall be sufficient in law. Misnomer or Inaccurate Description. Misnomer or 241. No misnomer or inaccurate description of any person, body inaccurate corporate, or place named in any schedule to the Mitnicipal Corporations notTo^hrd '^^^' ^^^^' °^ ^" ^^y '^^^^' ^^^^j notice, or voting paper required by this Act, ■ shall hinder the full operation of this Act with respect to that person, body corporate, or place, provided the description of that person, body corporate, or place be such as to be commonly understood. 242. [References in enactments described in the 9th Schedule to the Municipal Corporatioiis Act 1835 to he deemed references to this Act.'\ 243. [As to short titles of the Acts specified in the \st Schedule. Rep. 61 .k: 62 Vict. c. 22 {S.L.R.).] 244 — 246. [Mayors of certain boroughs to be returning officers in jmrlmrnentary elections — As to electors in disfranchised boroughs. Xot applicable to London.] [45 & 46 Vict.] Municipal Corporations Act 1882. [Chap. 50.] 903 Freedom of Tradiivj. 247. Notwithstanding any custom or byelaw, every person in any Right of boioiigli may keep any shop for the sale of all lawful wares and free trading merchandises by wholesale or retail, and use every lawful trade, occupa- ^" boroughs, tion, mystery, and handicraft for hire, giiin, sale, or otherwise within any boroiigli. [.S>e s. 23. J 248 — 250. [Special provisioiu relating to tlte Cimpie Ports and to the Vice-Chancellor of Cambridge— Saving for municipal co^yorations existing at the passing of this Act.] 251. [S'avi^K/ for local Acts. Not applicable to London. See 51 k 52 Vict. c. 41, ss. 75 (IG) {b) and 125.] 252. [Saving for the Prison Acts 1842, 1865, and 1877.] 253. Nothing in this Act shall compel the acceptance of any office or Saving for duty whatever in any borough by any military, naval, or marine ofhcer in military Her Majesty's service on full pay or half pay, or by any officer or other ^^|^^'^'^ pei-son employed and residing in any of Her ^Majesty's dockyards, victualling establishments, arsenals, barracks, or other naval or military establishments. 254. Nothing in this Act shall afl'ect the watching, paving, or lighting, Saving for or the internal regidations for the government, of any of Her Majesty's 'dockyards, dockyards, victualling establishments, arsenals, barracks, or other naval ^'"'^^ ^' ® ^* or military establishments, or make the tenements therein or the inhabi- tants thereof liable to any rate for watching, paving, or lighting. 255. Nothing in this Act shall affect the authority of Justices vested Saving as to in the Commissioners for executing the office of Lord High Admiral of the -A^amiralty. United Kingdom, or any authority to appoint coroners to act within the jurisdiction of the Admiralty. 256. [Saving for the Lord Warden of the Cinque Ports.] 267. [Saving for the Universities of Oxford, Cambridge and D>irham.\ 258. Nothing in this Act shall pt-event any jurisdiction or authority Sa\-ing for exercised in or over the precinct or close of any cathedral from being jurisdiction continued concurrently with the jurisdiction and authority of the Justices ppggjngtg of the borough in which the precinct or close is situate. 259. Nothing in this Act shall prejudicially affi?ct Her Majesty's royal Saving prerogative ; and the enabling provisions of this Act shall be deemed to ^or royal be in addition to, and not in derogation of, the powers exerciseable by Her prerogatue. Majesty by virtue of her royal prerogative. 260. [Saving as to repealed enactments. Rep., with saving as to Scotlaiul and Ireland, 61 i.'\ c. 2f.. THE SEVENTH SCHEDULE. Procedure fok Scheme ox Grant of New Charter. 1. The Committee of Council may, if they think fit, require the draft of a proposed scheme to be submitted to them, either together with the petition for a charter, or at any subsequent period. 2. The draft of a proposed scheme shall be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested. 3. Before settling the scheme the Committee of Council shall consider any objections which may be made thereto by any local authority or persons affected thereby. 4. The scheme, when settled, shall, besides being publisliod in the London Gazette, be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested. [Sec &2 S: C>'.\ ]'li-t. r. 14, >-. lii (4).^ 5. Where a scheme is submitted to Parliament for confirmation, the Committee of Council mav introduce a Bill for the confirmation of the scheme, which Bill shall be a Public Bill. G. Before such Bill is introduced into Parliament the Committee of Council may alter the scheme in such manner as they think proper. 7. If while the Bill confirming a scheme is pending in either Hou,se of Parliament a petition is presented against the scheme, the Bill, so far as it relates to such scheme, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a Private Bill. 8. A scheme shall come into operation at the date of its confirmation or any later date mentioned in the scheme. *.). The contirnKition of a scheme shall be conclusive evidence that all the requirements of this Act with respect to proceedings required to be taken previouslj- to the making of the scheme have been complied with, and that the scheme has been duly made, and is within the powers of this Act. * See 51 & 52 Vict. c. 41, s. 76 (4) and (5). 906 [Chap. 34.] Water Hate Dejinition Act 1885. [48 & 49 Vict.] THE EIGHTH SCHEDULE. Forms. Part I. — Declarations on acceptiyig Office. Form a. Form of Declaration on Acceptance of Corporate Office. I, A.B., having been elected mayor [or alderman, councillor, elective auditor, or revising assessor] for the borough of . hereby declare that 1 take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability [luul in the case of the person being qualijied //// estate sai/, And I hereby declare that I am seised or possessed of real or personal estate, or both \_as the case may Je], to the value or amount of one thousand pounds, or five hundred pounds [_as the case may requirel, over and above what will satisfy my just debts]. 47 & 48 VICTORIA. A.D. 1884. Short title. Interpretation clause. No buildings to be erected uijon disused burial grounds, except for en- largement, etc. Saving for buildings already sanctioned. Saving of burial grounds sold by Act of Parliament. Explanation of 10 k. 11 Vict. c. 17. s. 68. CHAPTER 72. *An Act for preventing the Erection of Buildings on disused- Burial Grounds. [lith August 1884.] [Preamble recites 15 (i 16 Vict. c. 85 and 16 & 17 Vict. c. 134, and that in pursuance thereof numerous Orders in Council have been made for the discontinuance of burials in certain burial grounds.^ 1. This Act may be cited as the Disused Burial Grounds Act, 1884. 2. In this Act a "disused burial ground" .shall mean a burial ground in respect of which an Order in Council has been made for the discon- tinuance of burials therein in pursuance of the provisions of the said recited Acts. [See 50 & 51 Vict. c. 32, s. 4.] 3. After the passing of this Act it shall not be lawful to erect any buildings upon any disused burial ground, except for the purpose of enlarging a church, chapel, meeting-house, or other places of worship. [See 60 & 61 Vict. c. cclii., s. 49, a7id 63 & 64 Vict. c. cclrviii., s. 29.] 4. Nothing in thi.'? Act shall prevent the erection of any building on a disused burial ground for which a faculty has been obtained before the passing of this Act. 5. Nothing in this Act contained shall apply to any burial ground which has been sold or disposed of under the authority of any Act of Parliament. 48 & 49 VICTORIA. A.D. 1885. CHAPTER 34. An Act to declare and explain the sixty-eighth Section of the Waterworks Clauses Act, 1847. [3lst Jtdy 1885.} [Preamble.] 1. The words "the annual value of the tenement supplied with water"" in the .sixty-eighth section of the Waterworks Clauses Act, 1847, shall,, within the unions and parishes to which the Valuation of Property^ (Metropolis) Act, 1869, extends, mean the rateable value as settled from' time to time by the local authority as duly constituted : Pro^nded that where the water rate is chargeable on the annual value of a part only of any hereditament entered in the valuation list, such annual value shall be a fairly apportioned part of the rateable value of the whole tenement^ a.scertained as aforesaid, the apportionment in case of dispute to be deter- mined in manner provided by the said section. * See 48 & 49 Vict. c. clxvii. s. 56, and G Edw. 7, c. 25, ss. 9—13.. [51 Vict.] County Electors Act 1888. [Chap, lu.] 907 2, The Waterworks Clauses Act, 1847, and this Act shall, for the Construction! j)ur}ioses of this Act, be construed together as one Act, and the provisions of Act. of this Act shall to that extent be held to repeal and supersede such of the provisions of that Act as are inconsistent with this Act. 3. This Act may be cited for all purposes as the Water Rate Definition Short title. Act, 1885. 51 VICTORIA. A.D. 1888. CHAPTER 10. *Ax Act to provide for the Qualification and Regisiratiox of Electors for the Purposes of Local Government in England and Wales. [lUh May 1888.] \_Preamhle.^ 1. This Act may be cited as the County Electors Act, 1888. Short title The Registration Act, 1885, and the Parliamentary Registration Acts and con- within the meaning of that Act, are in this Act referred to as the ^^f^^j^^. Registration of Electors Acts, and together with this Act may be cited as „ jl the Registration of Electors Acts, 1843 to 1888. This Act shall be construed as one with the Registration of Electors Acts. 2. — (1.) For the purpose of the election of county authorities in Extension of England, tlie burgess qualification, that is to say, the qualification enacted burgess by section nine of the :\Iunicipal Corporations Act, 1882, shall extend to J^JJ^^^.^*^® ^^^ every jiart of a county not within the limits of a borough, and a person electors possessing in any part of a county outside the limits of a borough such outside burgess qualification, shall be entitled to be registered under this Act as municipal a county elector in the parish in which the qualifying property is situate. ^-^'^^Hfv" (2.) Sections nine, thirty-one, thii-ty-three, and sixty-three of the ^ ^q Municipal Corporations Act, 1882, and any enactments of that or any other Act affecting the same, shall extend to so much of every county as is not comprised within the limits of a municipal borough in like manner as if they were herein re-enacted, with the substitution of " county " for "borough" and of "county elector" for "burgess," and with the other necessary modifications. 3. Every person who is entitled to be i-egistered as a voter in lespect Occupation of a ten pounds occupation qualification within the meaning of the pro- ^^ ^''^"^ ^^ visions of the Registration Act, 1885, which are set out in the Schedule to ,^; ''^ ^^ ° this Act, shall be entitled to be registered as a county elector, and to be qualifv. enrolled as a burgess, in respect of such qualification, in like manner in all respects as if the sections of the Municipal Corporations Act, 1882, relating to a burgess qualification included the said ten pounds occupation qualification. 4. — (1.) The Registration of Electors Acts shall, so far as circum- Registration stances admit, apply to . . . the registration of county electors within '^^ county the meaning of this Act ; and the lists of . . . county electors, and of ^ ^^ °'^*' occupation voters for parliamentai-y elections, shall, so far as practicable, be made out and revised together ; and the Registration of Electors Acts shall accordingly — *»'j (h.) ajjply to every parish not situate in a municipal boi'ougli. in like manner as if such parish were a municipal borough to which the Parliamentary and Municipal Registration Act, 1878, applies, and the said lists of county electors and of occupation voters for parliamentary elections in such parish shall bt- made out in divisions, as provided in the said Act: Provided that a person * Seehl k.o2 Vict. c. 41, .v. 7t) (7). 908 [Chap. 10.] County Electors Act 1888. [51 Vict.] whose name appears in any list of county electors or burgesses in a county may object to the name of any other person on a list of county electors or burgesses for a parish in that county, and may oppose the claim of a person to have his name inscribed in any sucli list. (2.) In the construction of the Registration of Electors Acts for the purpose of their application to a parish not situate in a municipal borough, there shall be made the variations following, and such other variations as may be necessary for carrying into effect the application, that is to say : — (c.) County elector shall be substituted for burgess ; (d.) Section nine of the Parliamentary and Municipal Registration Act, 1878, shall not apply to any parish which is not wholly situate in an urban district ; (^.) Where such parish is not within a parliamentary borough section twenty-one of the Parliamentary and Municipal Registration Act, 1878, shall not apply, and the lists and register of voters shall be made out alphabetically, but shall be framed in parts for polling districts and electoral divisions and for urban districts and for wards of urban and rui'al districts in such a manner that the parts may be conveniently compiled or put together to serve as lists for polling districts, and elections in urban districts and as electoral division or ward lists \see 51 & 52 Vict. c. 41, .5.76(1)1; (/•) Where such parish is within a parliamentary borough — (i) the overseers shall send to the clerk of the peace* for the county two copies of the lists of voters at the same time at which they send copies to the town clerk t ; and (ii) the town clerk t shall cause to l^e printed such number of copies . of the revised lists as the clerk of the peace * may require, and shall transmit the same to the clerk of the peace,* who shall deal with the same as with other lists of county electors in his county ; but, (iii) save as aforesaid, the clerk of the peace * shall not act in relation to the registration of county electors in the said parish, and the town clerkf of the parliamentary borough shall be the town clerk within the meaning of the Registration of Electors Acts and this Act in relation to such parish, and shall include in his precept to the overseers pi-oper directions respecting the registration of the county electors within the meaning of this Act. {(J.) The lists of occupation voters and county electors shall be revised by the revising barrister for the parliamentary borough or county in which such parish is situate, and the revising barrister for revising the county electors lists for the whole or any part of an electoral division of any county shall, if so required by the ^ . county council, hold a court in that electoral division or at some convenient place in a division adjoining thereto. (/(.) The guardians of a union which is not wholly comprised in an urban district may, with the consent of the overseers of any parish or parishes within their union for Avhich an assistant overseer has not been appointed, annually appoint a fit person to act as registration ofiicer foi- such parish or parishes, and may remove any such person, and fill up any vacancy caused by death, resignation, or otherwise. Such registration officer shall perform ■■ all the duties of overseers of the j^arish or parishes for which he is appointed in respect of the registration of county electors and * Now the clerk of the county council. See s. 14. t In regard to the city of London, the secondaries of the said city. See the Parlia- mentary Voters Piegistration Act Is43, ss. 56 and 101. [51 YiCT.] County Elector a Act 1888. [Chap, lu.] 909 parliamentary voters, and the provisions of the Registration of Electors Acts relating to overseers, inclmling thf^se providing for penalties, shall apply to him accordingly : Provided that his remuneration shall be fixed and paid by the guardians of the union, and charged on the poor rates of the parish or parishes for which he is appointed, and (if he acts for more than one parish) in proportion to the number of persons on the registers madt- during the year of his appointment of county electors and parliamentary voters for each parisli. \Parls omitted (as to mimicijxd boroughs and urban districts) not applicable to London.] 5. After the year one thousand eight hundreil and eighty-eight, in every Making out l)art of the metropolis, and in every part of a parliamentary borough, the "^ lists and whole or greater part of which is situate in the metropolis, the ILsts and ^^gtropo^lis" registers of parliamentary voters, and of county electors, shall, unless the local authority * otherwise direct, be arranged in the same order in which the qualifying premises appeal- in the rate book for the parish in which those premises are situate, or as nearly thereto as will cause those lists and registers to record the (pialifying premises in successive order in the street or other place in which they are situate. For the purpose of this section " metropolis " means the city of London and the parishes and places mentioned in Schedules (A), (B), and (C) of 18 & 10 Vict, the ^Metropolis Management Act, 1855. ^- ^-^^■ 6. — (1.) The lists of parliamentary voters, and of burgesses, and of Eevision of county electors, shall be revised between the eighth day of September and electoral the twelfth day of October both inclusive, and shall be revised as soon as possible after the seventh day of September, and the eighth day of September shall be substituted in the Acts relating to the registration of parliamentary voters for the fifteenth day of September ; and the declarations under section ten of the County Voters Registration Act, 28 & 29 Vict. 1865, and section twenty-four of the Parliamentary and Municipal ^■^tJ- Registration Act, 1878, shall be sent to the clerk of the peace t or town ^ .,g ^*^ ' clerk t on or before the fifth day of September. (2.) In sections sixty-two and sixty-three of the Parliamentary Voters 6 ii 7 Vict. Registration Act, 1843 (relating to appeals from revising barristers in c. 18. England), "the Michaelmas sittings of the High Court of Justice" shall be substituted for " the Michaelmas term," and forthwith after the fourth day of the Michaelmas sittings a court or courts shall sit for the jnirpose of bearing such appeals, and those appeals shall be heard and determined continuously and without delay, and any statement by the barrister for the purpose of any such appeal made in pursuance of section forty-two of the said Act may be made at any time within ten days after the conclusion of the revision, so that it be made not less than four days before the first day of the said Michaelmas sittings, and the statement need not be read in open court, but shall be submitted to the appellant, who, if he approves the same, shall sign the same as directed by the said section, and return the same to the barrister. [.See the Judicature Act 1881, .s-. 11.] 7. — (1.) The clerk of the peace t of every county shall make up a KoU of register of all persons registered as . . . county electors in the county, county^ both for the county and for each electoral division into which the county ^ ^^^''^• is divided for the purpose of election of the county authority.^ . . . (2.) The Registration of Electors Acts, and sections forty-five, forty- eight, and seventy-one of the Municiiial Corporations Act, 1882, shall 45 x 4tj Vict, apply, for the purposes of this section, with the substitution of clerk of the c. 50. * The London County Council. See 51 ic 52 Vict. c. 41. s. 3 (sii.). t Now the clerk of the county council. See s. 14. j See notef to s. 4. § i.e. the county council. See s. 11, and 51 & 52 Vict. c. 41, s. 3 (xii.). 910 [Chap. 10.] County Electors Act 1888. [51 Vict.] peace * for town clerk, and of county register and di\'ision register for burgess roll and ward roll respectively, and of electoral division for ward, and of county fund for borough fund. 48 & 49 Vict, c. 15. Expenses. Remunera- tion of re\'ising barristers and con- tribution bj county authorities. 49 & 50 Vict, c. 42. (4.) Provided that nothing in this section shall prevent a county elector from being registered in more than one division register. (5.) Where in pursuance of section four of the Registration Act, 1885, the revising barrister has power to erase the name of any person as a parliamentary voter from division one of the occupiers list, such barrister, in lieu of erasing the name, shall place an asterisk or other mark against the name, and, in printing .such li.sts, the name shall be nuuibered con- secutively with the other names, but an asterisk or other mark shall be printed against the name, and a person against whose name such asterisk or other mark is placed shall not be entitled to vote in respect of such entry at a pai'liamentary election, but shall have the same right of voting at an election of a county authority "f" as he would have if no such mark were placed against his name. (6.) If under any Act of the present session of Parliament establishing a council for a county any portion of another county is added to that county for the purpose of such election, such portion of the county register as relates to the electors having qualifying property in the said part so added shall be deemed to be part of the county register of the county for which such council is elected, and the clerk of the peace and other officers shall take such steps as may be necessary for giving effect to these enactments. \Parts omitted {as to burgesses and district councils) not applicable to LondonJ\ 8. — (1.) All expenses properly incurred and all sums received in carrying into effect the provisions of this Act and the Registration of Electors Acts with respect to county electors. — • {a) if incurred or received by overseers, shall be respectively paid and applied as expenses and receipts of overseers under the Registra- tion of Electors Acts in the case of the lists of parliamentary voters ; and (b) if incurred or received by the clerk of the peace * or town clerk,i shall be paid out of or into the county or borough fund : and such expenses shall include all proper and reasonable fees and charges made and charged by him for the trouble, care, and attention of such clerk in the performance of the services and duties imposed on him by the said provisions. 9. Every barrister appointed to revise any list of voters under the Parliamentary Voters Registration Act, 1S43. shall be paid the sum of two hundred and fifty guineas by way of remuneration to him, and in satLsfaction of his travelling and otlier expenses, and every such barrister, after the termination of his last sitting, shall forward his appointment to the Commissioners of Her Maje.sty's Tieasury, who shall make an oi'der for the payment of the above sum to every such barrister. The maximum amount to be paid to an additional barrister in pursuance of the Revising Barristers Act, 1886, shall not exceed the amount authorised by this section to be paid to a re\T^ing barrister. The sums so paid to a revising barrister or an assistant barrister shall be payable partly out of moneys provided by Parliament and partly by the county authorities, § as herein-after mentioned. (1.) There shall be annually paid by the county authority of eveiy county out of the county fund into Her Majesty's Exchequer such sum as the Treasurv certifv to be one-half of the cost * Now the clerk of the countv council. See s. 14. t The county council. See s. 11, and 51 & 52 Vict X See notef to s. 4. § i.e. the county councils. c. 41, s. 3 (xii.). See s. 11, and 51 & 52 Vict. c. 41, s. 3 (xii.). [51 Vict.] Count;/ Electors Act \HH^. [Chap. 10.] Oil incurred for the payment of revisinj:; barristers at the then last revision of the lists of jiarliumentary electors, burgesses, and county electors in that county. (2.) The Treasury shall yearly ascertain the total cost of the revising biirristei'S appointeil for .ill thn counties and boroughs on any circuit, and shall divide one-hulf of such cost among the counties compri.sed in such circuit in proportion to the number of biH'gesses and county electors in each county, and certify the amount which under such apportionment is due under this section from each county. The Treasury may vary such certiticate if they think fit, but uidess it is so varied the certificate shall be final. [See 51 k. 52 Vkt. c. 41, s. 7G (4).] (3.) ..... [Part omitted {as to boroughs) not a/ypUcahle to London.^ 10. — (1.) Section four of the Revising Barri-sters Act, 1886, is hereby Perpetua- repealed, and that Act, as amended bv this Act, shall be perpetual. tion of (2.) [A s to the county of Sarre>/.] ' ^9 & 50 Vict. (3.) An application to appoint an additional barrister under the said Repeal of Act may be made at any time after the first day of September. 6 & 7 Vict. (4.) Section fifty-nine of the Parliamentary Voters Registration Act, c. 18. s. 59. 1843, is hereby repealed. 11. — (1.) In the event of a county authority * being established under Application any Act of the present session, the provisions of this Act with respect to of provisions county authority, county, and county fund shall refer to the said county •^'- •^^^ . authority and to the county and county fund of such authority. . . . ^u^^Vfimd [Part omitted (as to boroughs) not applicable to London (and. provisions in case of a county authority not being established under any Act during the present session).] 12. [Separate list to be made of persons residing within fifteen miles of county. Superseded {as to London) by 51 & 52 Vict. c. 41, s. 77.] 13. All precepts, notices, and forms required for the purpo.ses of the Precepts by Registration of Electors Acts shall be altered in such manner as may clerk of the be declared by Her Majesty in Council to be necessary for carrying peace. into eflfect this Act, and clerks of the peace f and town clerks shall alter their precepts and forms accordingly. . . . [Part omitted {as to precepts sent out before the passing of this Act) spent.] 14. In this Act, unless the context otherwise requires, — Definitions. The expressions " urban district " and " rural district " respectively mean an urban or rural sanitary district. . . . The expression "clerk of the peace" means, in the event of the establishment of a county authority, the person acting as clerk of that authority, and such person shall act as clerk of the peace throughout the whole county of such authority, both for the pur poses of this Act and of the Registration of Electors Acts ; subject nevertheless — (a) to the provisions of the Registration Act, 1885, respecting the case of any parliamentary county extending into more county quarter sessional areas than one, and {b) to the proviso that where at the passing of this Act any clerk of the peace acts as clerk of the peace under the Registration of Electors Acts he shall continue so to act, but .shall act as deputy of the person acting as clerk of the peace l\v virtue of this Act. [Words omitted ^^ also any urban or rural district under any Act of the 2>}'esent session of Parliament) not applicable to London.] 15. [Transitory provisions as to the year 1888. Sjient.] '' i.e. the county council. See 51 ^t ."2 Vict. c. 41. t Now the clerks of the county councils. See s. 14. 912 [Chap. 63.] Interpretation Act 1880. [52 & 53 Vict.] SCHEDULE. Registration Act, 1885. Defixitiox of Ten Pounds Occupation Qualification. Ten ponnds A person entitled to be registered as a voter in respect of a ten pounds occupation occupation qualification in a borough, municipal or parliamentary — qualification. („,) must during the -SYhole tM-elve months immediately preceding the fifteenth day of July have been an occupier as owner or tenant of some land or tenement in a parish [or township] of the clear yearly value of not less than ten pounds : and (i.) must have resided in or within seven miles * of the borough during six months immediately preceding the fifteenth day of July : and (c.) Such person, or some one else must during the said twelve months have been rated to all poor rates made in respect of such land or tenement ; and {(J.) All sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January next before the registration, or on account of any assessed taxes due before the said fifth day of January, must have been paid on or before the twentieth day of July. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. If a person has occupied in the borough different lands or tenements of the reciuisite value in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a voter in the parish [or township] in which the last occupied land or tenement is situate. 52 & 53 VICTORIA. A.D. 1889. Kules as to gender and number. Application of penal Acts to bodies corporate. Meanings of certain words in Acts since 1850. CHAPTER 63. An Act for consolidating Enactments relating to the Construction OF Acts of Parliament and for further shortening the Language used in Acts of Parliament. \?>Oth August 1889.] Re-enactment of existing Rules. 1. — (1.) In this Act and in every Act passed after the year one thousand eight hundred and fifty, whether before or after the commence- ment of this Act, vinle.ss the contrary intention appears, — (a.) words importing the masculine gender shall include females ; and (6.) words in the singular shall include the plural, and words in the pluial shall include the singular. (2.) The same rules shall be observed in the construction of every enactment relating to an offence punishable on indictment or on summary conviction, when the enactment is contained in an Act passed in or before the year one thousand eight hundred and fifty. 2. — (1.) In the construction of every enactment relating to an offence punishable on indictment or on summary conviction, whether contained in an Act passed before or after the commencement of this Act, the expression " person " shall, unless the contrary intention appears, include a body corporate. (2.) Where under any Act, whether passed before or after the com- mencement of this Act, any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where that body is the party aggrieved. 3. In every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively a.ssigned to them ; namely, — The expression " month " shall mean calendar month : * 15 miles as regards the county of London. See 51 ^^ 52 Vict. c. 41, s. 77. [52 & 03 Vict.] Interpretation Act 1889. [Chap. 63.] 913 Tho expression "land" shall include messuages, tenements, and here- ditaments, houses, and buildings of any tenure : The expressions " oath " and " affidavit " shall, in the case of persons for the time Ijcing allowed Ijy law to affirm or declare instead of swearing, include affirmation and declaration, and the expression " swear " shall, in the like case, include affirm and declare. 4. In every Act passed after the year one thousand eight hundred and Meaning of Jifty and before the commencement of this Act the expression " county "" *'"0'^"'^J' ' ''^ shall, unless the contrary intention appears, be construed as including a P^ ^ ^' county of a city and a county of a town, 5. In every Act passed after the year one thousand eight hundred and Meaning of sixty-six, wlu-ther before or after the commencement of this Act, the"P^"sh«' expression " parish " shall, unless the contrary intention appears, mean, as respects England and Wales, a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed. 6. In this Act, and in every Act and Order of Council passed or made Meaning of after the year one thousand eight hundred and forty-six, whether before '" county or after the commencement of this Act, the expression " county court " shall, unless tho contrary intention appears, mean as respects England ^^'^ ■^- ^^'*^*'' and Wales a court under the County Courts Act, 1888. 7. In every Act relating to Scotland, whether passed before or after Meaning of the commencement of this Act, unless the contrary intention appears — ",'*'',^'.!'^ The expression " sheriff clerk " sliall include steward clei-k ; in^Scotch ' The expressions "shire," " sheriffdom," and " county" shall include any Acts, stewartry in Scotland. 8. Every section of an Act shall have efiect as a substantive enactment Sections to without introductory words. ^.^ substan- , „ , . tive enact- 9. Every Act passed after the year one thousand eight hundred and ments. fifty, whether before or after the commencement of this Act, shall be a ^cts to be public Act and shall be judicially noticed as such, unless the contrary is public Acts, expressly provided by the Act. 10. Any Act may be altered, amended, or repealed in the same session Amendment of Parliament. or repeal of Acts in same 11. — (1.) Where an Act passed after the year one thousand eight session. hundred and fifty, whether before or after the commencement of this Act, Effect of repeals a repealing enactment, it shall not be construed as reN^iving any repeal in enactment previouslv repealed, unless words are added reviving that Acts passed enactment. " ^i^^^e 1850. (2.) Where an Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, repeals wholly or partially any former enactment and substitutes provisions for the enactment repealed, the repealed enactment sliall remain in force until the substituted provisions come into operation. New General Rules of Construction. 13. In this Act, and in every other Act whether passed before or after Otiicial the commencement of this Act, the following expressions shall, unless the definitions in contrary intention appears, have the meanings hereby respectively assigned f^t^re Acts to them, namely : — (1.) The expression " the Lord Chancellor " shall, except when used with reference to Ireland onlv, mean tho Lord Hitrh Chancellor of Great Britain for the time being, and when used with reference to Ireland only, shall mean the Loi'd Chancellor of Ireland for the time being. (2.) The expression "the Treasury" shall mean the Lord High Treasurer for the time being or the Commissioners for the time being of Her Majesty's Treasury. (3.) The expression " Secretary of State " shall mean one of Her Majesty's principal Secretaries of State for the time being. J 59 914 [Chap. 63.] Interpretation Act 1889. [52 & 53 Vict.] Judicial definitions in past and future Acts. (4.) The expression "the Admiralty" shall mean the Lord High Admiral of the United Kingdom for the time being, or the Commissioners for the time being for executing the office of Lord High Admiral of the United Kingdom. (5.) The expression " the Privy Council " shall, except when used with refei-ence to Ireland only, mean the Lords and others for the time being of Her Majesty's Most Honourable Privy Council, and when used with reference to Ireland only, shall mean the Privy Council of Ireland for the time being. (6.) The expression " the Education Department " * shall mean the Lords of the Committee for the time being of the Privy Council appointed for Education. (7.) The expression "The Scotch Education Department" shall mean the Lords of the Committee for the time being of the Privy Council appointed for Education in Scotland. (8.) The expression " the Board of Trade " shall mean the Lords of the Committee for the time being of the Privy Council appointed for the consideration of matters relating to trade and foreign plantations. (9.) The expression " Lord Lieutenant " when used with reference to Ireland, shall mean the Lord Lieutenant of Ireland or other Chief Governors or Governor of Ireland for the time being. (10.) The expression " Chief Secretary," when used with reference to Ireland, shall mean the Chief Secretary to the Lord Lieutenant for the time being. (11.) The expression " Postmaster General " shall mean Her Majesty's Postmaster General for the time being. (12.) The expression "Commissioners of Woods" or "Commissioners of Woods and Forests " shall mean the Commissioners of Her Majesty's Woods, Forests, and Land Revenues for the time being. (13.) The expression "Commissioners of Works" shall mean the Commissioners of Her Majesty's Works and Public Buildings for the time being. (14.) The expression " Charity Commissioners " shall mean the Charity Commissioners for England and Wales for the time being. (15.) The expression "Ecclesiastical Commissioners" shall mean the Ecclesiastical Commissioners for England for the time being. (16.) The expression "Queen Anne's Bounty" shall mean the Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor clergy. (17.) The expi'ession " National Debt Commissioners" shall mean the Commissioners for the time beina,' for the Reduction of the National Debt. (18.) The expression "the Bank of England" shall mean, as circum- stances require, the Governor and Company of the Bank of England or the bank of the Governor and Company of the Bank of England. (19.) The expre.s.sion "the Bank of Ireland" shall mean, as circum- stances requii'e, the Governor and Company of the Bank of Ireland, or the bank of the Governor and Company of the Bank of Ireland. (20.) The expression "consular officer'' shall include consul-general, consul, vice-consul, consular agent, and any person for the time authorised to discharge the duties of consul-general, consul, or vice-consul. 13. In this Act and in every other Act whether passed before or after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely : — (1.) The expression " Suj^reme Court," when used with reference to England or Ireland, shall mean the Supreme Court of Judicature in England or Ireland, as the case may be, or either branch thereof. (2.) The expression " Court of Appeal," when used with reference to * Now the Eoard of Education. See the Board of Education Act 1899. [52 & 53 Vict.] Interpretation Act 1880. [Chap. G3.] 915 England or Ireland, shall mean Her Majesty's Court of Appeal in England or Ireland, as the case m;iy be. (3.) The expression " High Court," whtu used with reference to England ov Ireland, shall mean llor 3Iajesty's High Couit of Justice in England or Ireland, as the case may be. (4.) The exjjression "court of assize" shall, as respects England, Wales, and Ireland, mean a court of assize, a court of oyer and terminer, and a -court of gaol delivery, or any of them, and shall, as respects England and Wak'.s, include the Central Criminal Court. (5.) The expression "assizes," as respects England, Wales, and Ireland, shall mean the courts of assize usually held in every year, and shall include the ses-iions of the Central Criminal Court, but shall not include any court of assize held ])y virtue of any special commission, or, as respects Ireland, any court held by virtue of the [)0wers conferx-ed by section sixty-tlft-ee of the Supreme Court of Judicature Act (Ireland), 1877. 10 ic 41 Vict. (G.) The expression "the Summary Jurisdiction Act, 1848," shall mean ^- ^^• 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." (7.) The expression " the Summary Jurisdiction (England) Acts " and the expression "the Summary Jurisdiction (English) Acts " shall respec- ^^ ^ p, yj^^. tively mean the Summary Jurisdiction Act, 1848, and the Summary c. i.?,. Jurisdiction Act, 1879, and any Act, past or future, amending those Acts 42 & 4:^ Vict, .or either of them. ^- ^^• (8.) The expression "the Summary Juri.sdiction (Scotland) Acts" shall 21 k. 28 Vict, mean the Summary Jurisdiction (Scotland) Acts, 1864 and 1881, and any ^r.^'^' .. „. Act, past or futni-e, amemling those Acts or either of them. ^ 22 (9.) The expression "the Summaxy Jurisdiction (Ii-eland) Acts" shall jnean, as respects the Dublin !Meti'opolitan Police District, the Acts regulating the powers and duties of Justices of the Peace or of the police of that district, and as respects any other part of Ireland, the Petty H i^ 15 Vict. Sessions (Ix-eland) Act, 1851, and any Act, past or futux'e, amending ^- ^^' the .same. (1(1.) The expression "the Summary Jurisdiction Acts" whexi used ixi relation to Englaxid or Wales shall mean the Summary Jux-isdiction (England) Acts, and whexi used in relatioxi to Scotlaxid the Summary Jurisdiction (Scotland) Acts, and when used iix relation to Ireland the ;Suuimary Jui'isdiction (Ixeland) Acts. (11.) The expression "court of summary jurisdiction " shall mean any Justice or Justices of the Peace, or other magistrate, by whatever naxue called, to whom jurisdictioix is given by, or who is authorised to act uixder, the Summary Jurisdiction Acts, whether in England, Wales, or Ireland, and whether acting uxxder the Summary Juiisdiction Acts or any of them, or under any other Act, or by vii'tue of his commission, or under the coxnmon law. (12.) The expressioxi " petty sessional court " shall, as respects Exigland or Wales, mean a couit of summai'v jurisdictioix consisting of two or moie Justices whexx sitting in a petty sessioiuil court-hoixse, and shall include the Lord Mayor of the city of London, and any alderuxan of that city, and any metx-opolitaix or borough police magistrate or other stipendiaiy m.Tgistrate when sitting in a court-house or place at which he is authorised bv law to do alone any act authorised to be clone by more than one Justice of the Peace. (13.) The expression "petty sessional court-house" shall, as x-espects Exxgland or Wales, mean a court-house or other place at which Justices ax-e accustomed to assexxxble for holding special or petty sessions, or which is for the time beixxg appoixxted as a substitute for such a coux-t-house ov place, aixd wheie the Justices ax-e accustomed to assexnble for either special 916 [Chap. 63.] hiterj)retation Act 1889. [52 & 53 Vict.] Meaning of " rules of court." Meaning of or petty sessions at more than one court-house or place in a petty sessional division, shall mean any such court-house or place. The expression shall also include any court-house or place at which the Lord Mayor of the city of London or any alderman of that city, or any metropolitan or borough police magistrate or other stipendiary magistrate is authorised by law to do alone any act authorised to be done by more than one Justice of the Peace. (14.) The expression "court of quarter sessions " shall mean the Justices of any county, riding, parts, division, or liberty of a county, or of any county of a city, or county of a town, in general or quarter sessions assembled, and shall include the court of the recorder of a municipal borough having a separate court of quarter sessions. 14. In every Act passed after the commencement of this Act, unless, the contrary intention appears, the expression " rules of court " when used in relation to any court shall mean rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court, and as regards Scotland shall include acts of adjournal and acts of sederunt. The power of the said authority to make rules of court as above defined shall include a power to make rules of court for the purpose of any Act passed after the commencement of this Act, and directing or authorising anything to be done by rules of court. 15. In this Act and in every Act passed after the commencement of •'borough.^' ti^ig ^(.t the following ^ expressions s meanings hereby hall, unless the contrary intention I'espectively assigned to them, 45 cinding on the Crown. 31. Where any Act, whether passed before or after the commencement Constructioa of this Act, confers power to make, grant, or issue any instrument, that of statutory is to say, any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or Ijyelaws, expressions used in tlie instrument, if it is made after the commencement of this Act, shall, unless the contrary intention appears, have the same respective meanings as in the Act conferring the power. 32. — (1.) Where an Act passed after the commencement of this Act Con.struction confers a power or imposes a duty, then, unless the contrary intention "^^ provisions appears, the power may be exercised and the duty shall be pei-formed ^^ powers from time to' time as occasion rerpiires. and duties. (-.) Where an Act passed after the commencement of this Act confers a power or imposes a duty on the holder of an office, as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the office. (3.) Where an Act passed after the commencement of this Act confers a power to make any rules, regulations, or byelaws, the power shall, unless the contrary intention appears, be construed as including a power, exerciseable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, amend, or vary the rules, regulations, or byelaws. 33. Where an act or omission con.stitutes an offence under two or more Provisions.as Acts, or both under an Act and at common law, whether any such Act was to offences passed before or after the commencement of this Act, the offender shall, ^^ ^^^^ unless the contrary intention appears, be liable to be prosecuted and laws, punished under either or any of those Acts or at common law, but shall not be liable to be punished twice for the same offence. 34. In the measurement of any distance for the purposes of any Act Measurement passed after the commencement of this Act, that distance shall, unless the "f distances, contrary intention appears, be measured in a straight line on a horizontal 2)lane. 36.— (1.) In any Act, instrument, or document, an Act may be cited Citation of by reference to the short title, if any, of the Act, either with or without a ^<=ts. reference to the chapter, or by reference to the regnal year in which the Act was passed, and where there are more statutes or sessions than one in the same regnal year, by reference to the statute or the session, as the case may recjuire, and where there are more chapters than one, by reference to the chapter, and any enactment may be cited by reference to the section or subsection of the Act in which the enactment is contained. (2.) Where any Act pas.sed after the commencement of this Act contains such reference as aforesaid, the reference shall, unless a contrary intention appears, be read as referring, in the case of statutes included in any revised edition of the statutes purporting to be printed by authority, to that edition, and in the case of statutes not so included, and passed before the reign of King George the First, to the edition prepared under the direction of the Record Commission ; and in other cases to the copies 920 [Chap. 63.] Inter lyi-etation Act 1889. [52 & 53 Vict.] " Commence- ment." Exercise of statutory powers between passing and commence- ment of Act. Effect of repeal in future Acts. of the statutes purporting to be printed by the Queen's Pi-inter, or under the supei'intendence or authority of Her Majesty's Stationery Office. (3.) In any Act passed after the commencement of this Act a descrip- tion or citation of a portion of another Act shall, unless the contrary intention appears, be construed as including the word, section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. 36. — (1.) In this Act, and in every Act passed either before or after the commencement of this Act, the expression " commencement," when used with reference to an Act, shall mean the time at which the Act comes into operation. (2.) Where an Act passed after the commencement of this Act, or any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or byelaws made, granted, or issued, under a power conferred by any such Act, is expressed to come into opei'ation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day. 37. Where an Act passed after the commencement of this Act is not to come into operation immediately on the passing thereof, and confei'S power to make any appointment, to make, grant, or issue any instrument, that is to say, any Order iu Council, order, warrant, scheme, letters patent, rules, regulations, or byelaws, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, that power may, unless the contrary intention appears, be exercised at any time after the passing of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement thereof, subject to this i^estriction, that any instrument made under the power shall not, unless the contrary intention appears in the Act, or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation. 38. — (1.) Where this Act or any Act passed after the commencement of this Act repeals and re-enacts, with or without modification, any pro- visions of a former Act, references in any other Act to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted. (2.) Where this Act or any Act passed after the commencement of this Act repeals any other enactment, then, unless the contrai-y intention appears, the repeal shall not — ■ (a.) revive anything not in force or existing at the time at which the repeal takes effect ; or, (6.) affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so re- pealed; or (c.) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed ; or (fZ.) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed ; or (e.) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid ; and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be impo.sed, as if the repealing Act had not been passed. Definition of "Act "in this Act. Saving for past Acts. Supplemental. 39. In this Act the expression " Act " shall include a local and personal Act and a private Act. 40. The provisions of this Act respecting the construction of Acts passed after the commencement of this Act shall not affect the construction [53 & 54 Vict.] Housing of the Woikinfj Classes Act 1890. [Chap. 70.] 921 of any Act passed before the commencement of this Act, although it i> continued or amended by an Act i)as.sed after such commencement. 41. The Acts described in the Schedule to this Act are hereby repealed Repeal, to the extent appearing in the third column of the Schedule. 42. [Commeiicement of Act, Ist January 1890.] 43. This Act may be cited as the Interpretation Act, 1889. Short title. SCHEDULE. Enactments Kepealeu. Session and Cliapter. Title or Short Title. Extent of Repeal. 7 & S Geo. 4. c. 28. An Act for further improving the ad- ministration of justice in criminal cases in England. Section fourteen. 9 Geo. 4. c. 51. An Act for iuipnning the administra- tion of justice in criminal cases in Ireland. Section thirty-five. 7 Will. 4. & 1 Vict. An Act to interpretthewords"sheriff," The whole Act. c. 39. " sheriff clerk," " .shire," " .sheriff- dom," and " county," occurring in Acts of Parliament relating to Scot- land. 13 k. 14 Vict. c. 21. An Act for .shortening the language used in Acts of I'arliament. The whole Act. 29 & 30 Vict. c. 113. The I'oor Law Amendment Act of Section eighteen, from 1866. the beginning to " can be appointed, and." 42 k. 43 Vict. c. 49. The SumTuary Jurisdiction Act, 1879 In section twenty the subsections num- bered (3) and (6). Section fifty. 47 & 4S Vict. c. 43. The Summary Jurisdiction Act, 1884 Section seven. 51 & 52 Vict. c. 43. The County Courts Act, 188^ . Section one hundred and eighty - seven, from the beginning to " is meant, and." 53 & 54 VICTORIA. A.D. 1890. CHAPTER 70. An Act to consolidate and amend the Acts relating to Artizans AND Labourers Dwellings and the Housing of the Working Classes. [18ed in the scheme and authorising such scheme to be carried into execution. [re.sentation, .^■"^'^ author- or pass a re.'^olution to the effect that they will not proceetl with such .^,j improve- scheme, the local authority shall, as .soon as possible, send a coja' of the ment scheme. official representation, accompanied by their rea.sons for not acting upon it, to the confirming authority, and, u[)on the receipt thereof, the con- firming authority may direct a local impiiry to be held, and a report to be made to them \vith respect to the correctness of the official repre- .sentation made to tlie local autliority, and any matters connected therewith on whicli the confirming authority may de.sire to be informed. [^See 3 Edw. 7, c. 39, s. 4 (1).] Provision of Dicelliny Accommodation for Working Classes displaced by Scheme. 11, — (1.) Subject as herein-after mentioned, every scheme comprising Requisites of an ai'ea in the county or city of London shall provide for the accommodation improvement of at the least as many persons of the working class as may be displaced scheme as to in the ai-ea comprised therein, in suitable dwellings, which, unless there ^^^^^ ^^ are any special reasons to the contrary, shall be situate within the limits working of the same area, or in the vicinity thereof. classes. Provided that — {a.) Where it is proved to the satisfaction of the confirming authority on an application to authorise a scheme that t'(jually convenient accommodation can be provided for any persons of the working classes displaced by the scheme at some place other than within the area or the immediate vicinity of the area compi'ii^ed in the scheme, and that the required accommodation has been or is about to be forthwith provided, either by the local authority or by any other person or body of persons, the confirming authority may authorise such scheme, and the requirements of this section with respect to providing accommodation for persons of the working cla.ss shall be deemed to have been comjilied with to the extent to which accommodation is so provided ; and (6.) where the local authority apply for a dispensation under this section, and the officer conducting the local incjuiry dii-ected by the confirming authority reports that it is expedient, having legard to the special circum.stances of the locality and to the number of artisans and others belonging to the working class dwelling within the area, and being emi)loyed within a mile thereof, that a modification should be made, the confirming authority, without prejudice to any other powers conferred on it by this part of this Act, may in the Provisional Order authoi-ising the scheme, di.spense altogether with the obligation of the local authority to provide for the accommodation of the persons of the working class who may be displaced by the scheme to such extent as the confirming authority nuxy think expedient, having regard to such special circumstances as aforesaid, but not exceeding one half of the persons so displaced. (2.) Where a scheme comprises an area situate elsewhere than in the county or city of London, it shall, if the confirming authority so require (but it shall not otherwise be obligatory on the local authority so to frame 926 [Chap. 70.] Housing of the Working Classes Act 1890. [53 & 54 Vict.] Duty of local authority to carry scheme wheu con- firmed, into execution. Completion of scheme on failure by local authority. their scheme), provide for the accommodation of such number of those persons of the working classes displaced in the area with respect to which the scheme is proposed in suitable dwellings to be erected in such place or places either within or without the limits of the same area as the said authority on a report made by the officer conducting the local inquiry may require. Execution of Scheme hy Local Authority. 12. — (1.) When the confirming Act authorising any improvement scheme of a local authority under this part of this Act has been passed by Parlia- ment, it shall be the duty of that authority to take steps for purchasing the lands required for the scheme, and otherwise for carrying the scheme into execution as soon as practicable. (2.) They may sell or let all or any part of the area comprised in the scheme to any purchasers or lessees for the purpose 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 provisions binding the grantee or lessee to build thei-eon 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 alteration 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. (3.) The local authority may also engage with any body of trustees, society, or person, to cax-ry 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, without 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 completed shall henceforth be public streets, re- pairable by the same authority as other streets in the district. (■i.) 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 conditions and restrictions as to the elevation, size, and design of the houses, and the extent of the accommodation to be afibrded thereby, and shall make due provision for the maintenance of proper sanitary arrangements. (5.) If the local authority erect any dwellings out of funds to be provided under this part of this Act, they shall, unless the confirming authority otherwise determine, sell and dispose of all such dwellings within ten yeai's from the time of the completion thereof. (6.) 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 of the scheme into effect by him in respect of such land. 13. If within five years after the removal of any buildings on the land set aside by any scheme authorised by a confirming Act as sites for working men's dwellings, the local authority have failed to sell or let such land for the pui-poses prescribed by the scheme, or have failed to make arrange- ments for the erection of the said dwellings, the confirming authority may order the said land to be sold by public 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 part 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, [53 & 54 Vict.] Iloxsing of the Working Classes Act 1890, [Chap. 7U.J 927 in accordance with plans to be approved by the local authority, and subject to such other reservation.'^ and regulations as the contirming authority may deem necessary. 14. The local authority shall, not less than thirteen weeks before Notice to takin'' any liftoon hou.sfs or more, make known their intention to take 'jccupier* by the same by placards, handltills, or other general notices placed in public I'^^^^'""''- view upon or within a reasonable distance of such houses, and the local authority sliall not take any such hou.ses until they have obtained a certificate of a Justice of the Peace that it has been proved to his satis- faction that the local authority have made known, in manner required by this section, their intention to take such houses. 16. — (1.) The confirming authority, on application from the local Power of authority, and on its being proved to their satisfacti(jn that an imj)rove- confirming- ment can be made in the details of any scheme authorised bv a contirminif ^"'^'\'^l■^^^■ '""J Act, may permit the local authority to modify any part of their improve- authorised ment scheme which it may appear inexiH-dient to cany into execution, scheme, but any part of the .scheme respecting the provision of dwelling accommo- dation for persons of the working class, wlien so modified, shall be such as might have been in.-serted in the original scheme. (2.) A statement of any modifications permitted to be made in anv part of an impi-ovement scheme in pursuance of this .section shall be laid by the confirming authority before both Hou.ses of Parliament as soon as practicable after the permission is given, if Parliament be then .sitting, and if not, within one montli after the next meeting of Parliament. Provided always, that if such mollification requires a larger public expenditure than that .sanctioned by the former .scheme, or the taking of any property otherwise than by agreement, or affects injuriously other property in a manner ditl'erent to that proposed in the former scheme without the consent of the owner and occupier of any such property, the modification mu.st be made by a Provisional Order to be confirmed by Act of Pai'liament in the manner provided by this part of this Act on the completion of an improvement scheme. Inquines xcith resjyect to Unhealthy Areas. 16. — (1.) Where in any district twelve or moi'e ratepayers have com- inquiry on plained to a medical ofiicer of health of the unhealthiness of any area default of within that district, and the medical officer of health has failed to inspect medical such area, or to make an official representation with resiiect thereto, or ^^^f^}" ^"^ 1 1 itt ■ ^ i-x- fxi «-^ji.-i- •■ 1 certam cases. lias made an official representation to the effect that in his opinion the area is not an unhealthy area, such ratepayers may appeal to the con- firming authority, and upon their giving security to the satisfaction of that authority for costs, the confirming authority shall appoint a legally qualified medical practitioner to inspect such area, and to make repre- sentation to the confirming authority, stating the facts of the case, and whether, in his opinion, the area or any part thereof is or is not an unhealthy area. The repre.sentation so made shall be transmitted by the confirming authority to the local authority, and if it .states 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. {See 3 Edw. 7, c. 39, s. -i (2).] (2.) 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 })aid by the appellants where the medical prac- titioner appointed is of o})inion 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 he is of opinion that the area or any part thei*eof is an unhealthy area. (3.) Any order made by the confirming authority in pursuance of this section may be made a rule of a superior court, and be enforced accordingly. 928 [Chap. 70.] Homing of the Working Classes Act 1890. [53 & 54 Vict.] Proceedings on local inquiry. Xotice of inquiry to be publicly sriven. Power to administer oath. Acquisition of land. Special pro- vision as to compensa- tion. 17. Where a local inquiry is directed, an officer shall be sent by the confirming authority to the area to which .such inquiry relates for the purpose of making an inquiry into the correctness of the official repre- sentation 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, and to any other matter into which he is directed by this Act or the confirming authority to inquire for the purposes of this Act. 18. Before commencing such inquiry the officer appointed to conduct the same shall make public by advex-tisement or otherwise in such manner as he thinks best calculated to give information to the persons residing in the area his intention to make such inquiry, and 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. 19. The officer conducting such inquiry shall have power to administer an oath ; he shall report the result of the inquiry to the confirming authority, who shall deal with such report in such manner as they think expedient. Acquisition of Land. 20. The clauses of the Lands Clauses Acts, with respect to the purchase and taking of lands otherwise than by agreement, shall not, exceptl to the extent set forth in the Second Schedule to this Act, apply to any lands taken in pursuance of this part of this Act, but save as aforesaid the said Lands Clauses Acts, as amended by the provisions contained in the said Schedule, shall regulate and apply to the purchase and taking of lands, and shall for that purpose be deemed to form part of this part of this Act in the same manner as if they were enacted in the body thereof; subject to the provisions of this part of this Act and to the provisions following ; that is to say, (i.) This part of this Act shall authorise the taking by agreement of any lands which the local authority may require for the purpose of carrying into effect the scheme authorised by any confirming Act, but it shall authorise the taking by the exercise of any compulsory powers of such lands only as are proposed by the scheme in the confirming Act to be taken compulsorily : (ii.) In the construction of the Lands Clauses Acts, and the provisions in the Second Schedule to this Act, this part of this Act shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking ; 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. 21. — (1.) Whenever the compensation payable in respect of any lands or of any interests in any lands proposed to be taken compulsorily in pur.suance of this part of this Act rec[uires to be assessed — («) 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, without any additional allowance in respect of the compulsory purchase of an area or of any part of an area in re.f h"t^'^ local authority, if of opinion that the dwelling-house has not been rendered ^jqjj fit for human habitation, and that the necessary steps ai-e not being taken with all due diligence to render it so fit, and that the continuance of any building being or being part of the dwelling-house is dangerous or injurious to the health of the public or of the inhabitants of the neighbouring dwelling-houses, shall pass a resolution that it is expedient to order the demolition of the building. [See s. 73.] (2.) The local authority shall cause notice of such resolution to be served on the owner of the dwelling-house, and such notice shall specify the time and place appointed by the local authority for the further consideration of the resolution, not being less than one month after the service of the- notice, and any owner of the dwelling-house shall be at liberty to attend and state his objections to the demolition. (3.) If upon the consideration of the resolution and the objections the local authority decide that it is expedient so to do, then, unless an owner undertakes to execute forthwith the works necessary to render the dwelling-house fit for human habitation, the local authority shall order the demolition of the building. [o3 & 54 Vict.] Hou.vixj ofthr Working Classes Act 1890. [Chap. 70.] 933 (4.) If an owner undertakes as aforesaid to execute the said works, the hjcal autliurity xuay order tlie execution of the works, within sucli reasonable time as is specified in the order, and if the works are not completed within that time or any extended time allowed by the local authority or a court of summary jurisdiction, the local authority shall order tiie demolition of th»' building. 34. — (1.) Where an order for the demolition of a building has been Execution of made, tlie owner thereof shall within three months after service of the an order for order proceed to take down and remove the building, and if the owner demolition, fails therein the local authority shall proceed to take down and lemove a^ to^sTte^^"^" the building and shall sell the materials, and after deducting the expen.ses incident to such taking down and removal, pay over the balance of money (if any) to the owner. [See 3 Edw. 7, c. 39, *. 9.] (2.) Wliere a building has been so taken down and removed, no hou.se or other l)uilding or erection which will be dangerous or injurious to health shall l)e en'c(('>in). [Chap. To.] 93' lessee or reputed lessee, and occupier of tiny part of the area comprised in the scheme, so far as those persons can reasonably be ascertained. (3.) The local authority .«h:ill, after service of such notice, petition tlie Local Government Board for an order sanctioning the scheme, and tlie Board may cause a local inquiry to be held, and, if .satisfied on the report of such local incpury that the carrying into effect of the scheme either fih.solutf'ly, or subject to conditions or niodilications would be beneficial to the health of the iiihal)it;ints of the saiil buildings or of the neighbouring dwelling-houses, may by order sanction the .scheme with or without such ■conditions or modifications. (4r.) Upon such order being made, the local authority may purchase by agreement the area comprised in the scheme as so .sanctioned, and if they agree for the purchase of the whole area, the order, save so far as it i)rovides for the taking of land otherwise than by agreement, shall take effect without contiruiation. if they do not so agree, the order shall be published by the local authority l)y inserting a notice thereof in the London Gazette, and by serving notice thereof on the owners of every part of the area. (5.) Any owner may, within two months after .such publication, petition the Local Government Board against the order, and if .such petition is presented and is not withdrawn, tiie order shall be provisional unless it is confirmed by Act of Parliament. (6.) If the Local Government Board are .satisfied that the order has been duly published, and that two months after such publication have expired, and that either a i)etition has not been presented, or if presented has been withdrawn, they shall confirm the order, and thereupon such order shall come into operation, and have effect as if it were enacted by this Act. (7.) The order may incorporate the provisions of the Lands (Jlau.ses Acts, and for the pur})Ose of those provisions this Act shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking, and the area shall be acquired within three years after the date of the contirmation of the order : Provideil that the amount of compensation shall, in case of difference, be settled by arbitration in manner jirovided by this part of this Act. (8.) The provisions of Part I. of this Act relating to costs to be awarded in certain ca.ses by a committee of either House of Parliament, to the duty of a local authority to carry a scheme when confirmed into execution, to the completion of a scheme on failure by a local authority, and to the ■extinction of rights of way and other easements, .shall, with the nece.ssary modifications, apply for the pui-po.se of any scheme under this section in like manner as if it were a scheme under Part I. of this Act. (9.) The Local Government Board, on being satisfied by the local iiuthority that an improvement can be made in the details of any scheme under this section, may by order permit the local authority to modify any part of the scheme which it may appear inexpedient to carry into •execution : Provided that — (rt) if the order sanctioning the scheme was confirmed by Parliament, a statement of such modification shall be laiil by the Local Gov(Mnuipnt Board before both Houses of Parliament as soon as practical >le ; and (?>) in any ease, if the modification requires a larger expenditure than that sanctioned by the original .scheme, or authorises the taking of any property otherwise than by agreement, or injuriously affects any property in a manner different from that proj>osed in the original .scheme, without the consent of the owner or occupier of such property, notice of the order authorising the modification shall be pul)lished, and the order may be petitioned against and shall be subject to confirmation in like manner as if it were an order sanctioning an original scheme under this section. 938 [Chap. 70.] Housing of the Working Classes Act 1 890. [53 & 54 Vict.] Provisions for 40. The Local Government Beard .shall in any order sanctioning a accommoda- scheme under this part of this Act require the insertion in the scheme tion of Qf i^wch. provisions (if any) for the dwelling accommodation of persons of th'^workine ^^^ working classes displaced by the scheme as seem to the Board required classes. by the circumstances. Settlement of Compensation. ProvisioEs 41. In all cases in which the amount of any compensation is, in. as to arbi- pursuance of this part of this Act, to be settled by arbitration, the following tration. provisions shall have effect ; (namely,) (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 dwelling-hou.se shall be based on the fair market value as estimated at the time of the valuation being made of such dwelling-house, and of the several interests in such dwelling-house, due regard being had to the nature and then condition of the prcj^erty and the probable duration of the buildings in their existing state, and to the state of repair thereof, 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 dwelling-houses of the same owner by the alteration or demolition by the local authority of any build- ings. \See 3 Edyu:. 7, c. 39, s. 7. J (3.) Evidence .shall be receivable by the arbitrator to prove— (Lst) that the rental of the dwelling-house was enhanced by reason of the same being u.sed for illegal purpo.ses or being so over- crowded as to be dangerous or injurious to the health of the inmates ; or (2ndly) that the dwelling-house is in a state of defective sanitation,. or is not in reasonably good repair ; or (3rdly) that the dwelling-house is unfit, and not rea.sonably capable of being made fit, for human habitation ; and, if the arbitrator is satisfied by such evidence, then the compensation — (a) shall in the first case so far as it is based on rental be based on the rental which would have been obtainable if the dwelling- house was occupied for legal purposes and only by the number of persons whom the dwelling-house was under all the cir- cum.stances of the case fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates ; and (6) shall in the second case be the amount estimated as the value of the dwelling-house if it had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated expen.se of putting it into such condition or repair ; and (c) shall in the third case be the value of the land, and of the materials of the buildings thereon. (4.) On payment or tender to the person entitled to receive the same of the amount of compensation agreed or awarded to be paid in re.spect of the dwelling-hou.se, or on payment thereof in manner pre.scribed by the Lands Clauses Acts, the owner shall, when required by the local authority, convey his interest in such dwelling-house to them, or as they may direct ; and in default- thereof, or if the owner fails to adduce a good title to such dwelling-house to the satisfaction of the local authority, it shall be lawf'ul for the local authority, if they think fit, to execute a deed poll in such manner and with such consequences as are mentioned in the Lands Clauses Acts. [53 & 54 Vict.] llousiny of the Working Classes Act 1800. [Chap. 70.] 939 (5.) Sections thiity-two, thirty-three, tliirty-five, thirty-six, and thirty- 8 i: 9 Vict, seven of the Lands Clausi-s Consolidation Act, 1845, shall apply, ^' ^^' with any necessary modifications, to an arbitration and to an arbitrator appointed under this part of this Act. (G.) The arbitrator may, by one award, settle the amount or amounts of compensation payable in respect of all or any of the dwelling- houses included in one or more order or orders made by the local authority ; but he may, and, if the local authority request him so to do, shall, from time to time make an award respecting a portion only of the disputed cases brought before him. (7.) In the event of the death, removal, resignation, or incapacity, refusal, or neglect to act of any arlntrator 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 of the former arbitrator shall be delivered. (8.) 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. (9.) The arbitrator shall not give such certificate 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 appoint- ment of the arbitrator, and need not give such certificate to any party where he considers that such party neglected, after due notice from the local authority, to deliver to that authority a statement in writing within such time, and containing such particulars respecting the compensation claimed, as would have enabled the local authority to make a proper offer of compensa- tion to such pai-ty before the appointment of the arbitrator. (10.) If within seven days after demand the amount so certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from the local authority with interest at the rate of five per cent, per annum for any time during which the same remains unpaid after such seven days as afore.S'ee 18 & 19 Vict. c. 120, ss. 149—154.] 57. — (1.) Land for the purpcsesof this part of this Act may be acquired by a local authority in like manner as if those purposes Avere purpo.ses of the Public Health Act, 1875, and sections one hundred and seventy-five to one hundred and seventy-eight,t both inclusive, of that Act (relating to the purchase of lands), shall apply accordingl}', and shall for the purpo.ses of this part of this Act extend to London in like manner as if the Commissioners of Sewers * and London County Council respectively were a local authority in the said sections mentioned, and a Secretary of State j were substituted for the Local Government Board. [6'ee also 63 ifc 64 Vict, c. 59, s. 5 (1).] (2.) The local authority may, if they think fit, contract for the purchase or lease of any lodging houses for the working classes already, or hereafter to be built and provided. [See 3 Ediv. 7, c. 39, s. 11.] (3.) The local authority may, if not a rural sanitary authority with the consent of the Local Government Board, and if a rural sanitary authority with the consent of the county council of the county in which the land is situate, appropriate, for the purpo.ses of this part of this Act, any lodging- houses so purchased or taken on lease, and any other land which may be for the time being vested in them, or at their disposal. 58. The trustees of any lodging houses for the working cla.sses for the time being provided in any district by private subscriptions or otherwise^ may, with the consent of a majority of the committee or other persons by whom they Avere appointed trustees, sell or lea.se the lodging houses to the local authority of the district, or make over to them the management thereof. [See 3 Ediv. 7, c. 39, s. 11.] 69. The local authority may, on any land acquired or appropriated by them, ei'ect any buildinsrs suitable for lodging houses for the working classes, and convert any buildings into lodging houses for the working^ classes, and may alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and sup})ly the same respectively with all i-equisite furniture, fittings, and conveniences. [See 3 Ediv. 7, c. 39, s. 11.] 60. A local authority may, if not a rural sanitary authority with the con.sent of the Local Government Board, and if a rural sanitary authority with the consent of the county council of the county in which the land is- situate, .sell any land vested in them for the purposes of this part of this Act, and apply the proceeds in or towards the purchase of other land better adapted for those purposes, and may in like manner and with the like consent exchange any land so vested in them for land better adapted to the purposes of this part of this Act, either with or without papng or receiving any money for equality of exchange. Management of Lodging Houses. 61. — (1.) The general management, regulation, and control of the lodging houses established or acquired by a local authority under this part of this Act shall be ve.sted in and exercised by the local authority. (2.) The local authority may make such reasonable charges for the tenancy or occupation of the lodging hou.ses provided under this part of this Act as they may determine by regulations. [See 63 plieH.\ 63. Any person who, or whose wife or husband, at any time while such Di.squalifica- person is a tenant or occupier of any such lodging house, or any part of ^^'>^ '^^ such a lodging house, i-eceives any relief under the Acts relating to the *^*;"^"^''. relief of the poor other than relief granted on account only of accident or houses oa temporary illness, shall thereupon be disqualified for continuing to be such receiving a tenant or ()ccui)ier. parocbial 64. Whenever any lodging liouses e.stablished for seven years or '"'^ ^^ • upwards under the authority of this part of this Act are determined by ^^^^^ lodging the local authority to be unnecessary or too expensive to be kept up, the considered local authority may, if not a rural sanitary authority with the consent of too expensive the Local (iovernuient Board, and if a rural sanitary authority with the they may consent of the county council of the county in which the lodging houses ^® ^^^'^• are situate, sell the sanae for the best price that can reasonably be oljtained for the same, and the local authority shall convey the same accordingly. Expenses and Borrowing of Local Authorities. 65. All expenses incurred by a local authority in the execution of this Payment of part of this Act shall be defrayed — expenses. (i.) in the case of an authority in the administrative county of London, out of the Dwelling House Improvement Fund under Part I. of this Act. [See 03 & 04 Vict. c. 59, s. 3.] \Parts omitted {as to the expenses of iirban and rural sanitary authorities).^ 66. The London County Council and the Commissioners of Sewers * Borrowing may borrow for the purpose of the execution of this part of this Act, in f'Tpuq^oses like man!ier and .subject to the like conditions as they may borrow for the '^^ ^'^" ^^^• purposes of Part I. of this Act, and a sanitary authority may borrow- for the purpose of the execution of this part of this Act in like manner and subject to the like conditions as for the purpose of defraying the above-mentioned general or special expenses. 67. [-4s to loans by the Public Works Loan Commissioners to and poicers of companies, societies, and indii-idi(als for the construction oi' impn'ovement of dtrellings for the working classes.^ 68. [Powers to railway, dock, and other companies, etc. to erect dwellings for pe^'sons of the ivorking class employed by them.^ 69. Any commissioners of waterwoiks, trustees of waterworks, water Power to companies, gas companies, and other corporations, bodies, and persons water and having the management of any waterworks, reservoirs, wells, springs. or^*.^°'"" streams of water, and gasworks respectively, may, in their discretion, l^u'yiiy ° grant and furni.sh supplies of water or gas for lodging-houses provided and ^as to under this part of this Act, either without charge or on such other lodging favourable tei-ms as they think tit. houses. 70. A lodging house established in any district under this part of Inspection this Act, shall be at all times open to the inspection of the local of lodging authority of that di.strict or of any officer from time to time authorised houses. by such authority. 71. Any tine for the breach of any byelaw under this part of this Act Application shall be paid to the credit of the funds out of which the expen.ses of this of penalties, part of this Act are defrayed. * Now the Mayor and commonalty and citizens of the city of London. See the Oity of London Sewers Act 1897, s. 5. 61 946 [Chap. 70.] Housing of the Working Classes Act 1890. [53 & 54 Vict.] Limit of area to be dealt with on official representa- tion. Provisions as to parts of Act under which reports are to be dealt with in county of London. Amend- ment of 45 & 46 Vict, c. 38. as regards erection of buildings for working classes. PART IV. Supplemental. 72. Where an official representation made to the London County Council in pursuance of Part I. of this Act relates to not more than ten houses, the London County Council shall not take any proceedings on such repre- sentation, but shall direct the medical officer of health making the same to represent the case to the local authority under Part II. of this Act, and it shall be the duty of the local authority to deal with such case in manner provided by that part of this Act. 73. — (1.) In either of the following cases: (c<.) Where a medical officer of health has represented to any local authority in the county of London under Part II. of this Act that any dwelling-houses are in a condition so dangerous or injurious to health, as to be unfit for human habitation, or that the pulling down of any obstructive buildings would be expedient, and such authority resolve that the case of such dwelling-houses or buildings is of such general importance to the county of London that it should be dealt with by a scheme under Part I. of this Act ; or {h.) Where an official representation as mentioned in Part I. of this Act has been made to the London County Council in relation to any houses, courts, or alleys within a certain area, and that Council resolve that the case of such houses, courts, or alleys is not of general importance to the county of London and should be dealt with under Part II. of this Act ; such local authority or council may submit such resolution to a Secretary of State,* and thereupon the Secretary of State * may appoint an arbitrator, and direct him to hold a local inquiry, and such arbiti'ator shall hold such inquiry, and report to the Secretary of State * as to whether, having regard to the size of the area, to the number of houses to be dealt with, to the position, structure, and sanitary condition of such houses, and of the neighbourhood thereof, and to the provisions of Part I. of this Act, the case is either wholly or partially of any and what importance to the county of London, with power to such arbitrator to report that in the event of the case being dealt with under Part II. of this Act, the London County Council ought to make a contribution in respect of the expense of dealing with the case. (2.) The Secretary of State,* after considering the report of the arbitrator, may, according as to him seems just, decide that the case shall be dealt with either under Part II. of this Act, or under Part I. of this Act, and the medical officer of health or other proper officer shall forthwith make the representation necessaiy for proceedings in accoiclance with such decision. 74.— (1.) The Settled Land Act, 1882, shall be amended as follows:— {a.) Any sale, exchange, or lease of land in pursuance of the said Act, when made for the purpose of the erection on such land of dwellings for the working classes, may be made at such price, or for such consideration, or for such rent, as having regard to the said purpose, and to all the circumstances of the case, is the best that can be reasonably obtained, notwithstanding that a higher price, consideration, or rent might have been obtained if the land were sold, exchanged, or leased for another purpose. (h.) The improvements on which caj^ital money may be expended, enumerated in section twenty-iive of the said Act, and referred to in section thirty of the said Act, shall, in addition to cottages for labourers, farm servants, and artizans whether employed on the settled land or not, include any dwellings available for the working classes, the building of which in the opinion of the Court is not injurious to the estate. * See note on s, 8. [53 (fc 54 Vict.] Ilousiny of the Working Classes Act 1890. [Chap. 7U.] 947 (2.) Any body corporate lioldin^ Lind may sell, excliaii«e, or lease the land for tlx^ pinpose of the erection of dwellings for the working clas-ses at such pric«', or for such consideration, or for such rent as having regard to the said purpose and to all the circumstances of the case i.s the best that can reasonably be obtained, notwithstanding that a higher price, con- sideration, or rent might have been obtained if the land were sold, exchanged, or leased for another [)urpose. 75. In any contract made after the fourteenth day of August one Condition ta thousiind eight hundred and eighty-five for letting for habitation by ^^ imi)lied persons of the woi-kiiig classes a house or part of a house, there shall ^'^ ^^';'f^ be implied a condition that the house is at the commencement of the ^i^g worktng holding in all respects reasonably fit for human habitation. In thi.s classes, section the expression " letting for habitation by persons of the working classes " means the letting for habitation of a house or part of a house at a rent not exceeding in England the sum named as the limit for the composition of rates by section three of the Poor Rate A.ssessment and 32 k 33 Vict. Collection Act, 1869,* and in Scotland or Ireland four pounds, [-See ^- "^b 3 Edio. 7, c. 39, s. 12.] 76. — (1.) The London County Council may, with the consent of a iledical Secretary of State, at any time appoint one or more legally rpialified officer of practitioner or practitioners, with such remuneration as they think lit, ^^^^'*" ^° for the purpose of carrying into effect any part of this Act. London. (2.) Any medical officer of health appointed by the London County Council, and any officer appointed under this section by the London County Council, shall be deemed to be a medical officer of health of a local authority within the meaning of this Act. 77. Any person authorised by the local authority may at all reasonable Power to times of the day, on giving twenty-four hours notice in writing to the local occupier of his intention so to do, enter any dwelling-house, premises, or '^^*'^'^"*'-^ *** building which the local authority are authorised to purchase compulsorily yjjjyg xmder Part I. or Part II. of this Act for the purpose of surveying and premises, valuing such dwelling-house, pi-emises, or building. 78. Where a building or any part of a building purchased by the local Compen- authority in pursuance of a scheme under Part I. or Part II. of this Act nation to is not closed by a closing order, and is occupied by any tenant whose ^<^^'»°^* ^'^J contract of tenancy is for less than a year, the local authority, if they jg^^^^fj "^ require him to give up possession of such building or part for the purpose of pulling down the building, may make to the said tenant a reasonable allowance on account of his expenses in removing. 79. — (1.) Anything which under Part I. or Part IL of this Act is Duties of authorised or required to be done by or to a medical officer of health may medical be done by or to any person authorised to act temporarily as such medical u^tu officer of health. (2.) Every representation made by a medical officer of health in pur- suance of this Act shall be in writing. 80. — (1.) Separate accounts shall be kept by the local authority and Accounts their officers of their receipts and expenditure under each part of this Act. and audit. (2.) Such accounts shall be audited in the like manner and with the like power to the officer auditing the same, and with the like incidents and consequences, as the accounts of the local authority are for the time being required to be audited bv law. {See, as Vi/anls London, 51 it 52 Vict. c. 41, s. 71 (3), and 62 & 63 Vict. c. 14, s. 14.]" 81. For the purposes of this Act, a local authority acting under this Power of Act may apjioint out of their own number so many persons as they may ^oail autho- think lit, for any purjx)ses of this Act which in the opinion of such '^"-^ ^.°. authority would be better regulated and managed by means of a com- committees, mittee : Provided that a committee so appointed shall in no case be authorised to borrow any money, to make any rate, or to enter into any * I.e. £20. See 32 and 33 Vict. c. 11, s. 3. 948 [Chap. 70.] Housing of the Working Classes Act 1890. [53 & 54 Vict.] Application of purchase moncT. Rates of loans by Public Works Loan Commis- sioners. 38 & 39 Vict. c, 89. Application of certain provisions as to byelaws. 18 & 19 Vict. c. 120. 38 & 39 Vict. c. 55. Local inquiries. Orders, notices, etc. Service of contract, and shall be subject to any regulations and restrictions which may be impo.sed by the authority that formed it. 82. Where a local authority sell any land acquired by them for any of the purposes of this Act, the proceeds of the sale shall be applied for any purpose, including repayment of borrowed money, for which capital money may be applied, and wliich is approved by the Local Government Board. 83. Any loan advanced by the Public Works Loan Commissioners in pursuance of this Act or for labourers dwellings in pursuance of the Public Works Loans Act, 1875, or any Act amending the same, shall bear such rate of interest not less than three pounds two shillings and sixpence per cent, per annum, as the Treasury may from time to time authorise as being in their opinion sufficient to enable such loans to be made without loss to the Exchequer. 84. With respect to byelaws authorised by this Act to be made — (rt) sections two hundred and two and two hundred and three of the Metropolis Management Act, 1855, where such byelaws are made by the London County Council, or any nuisance authority in the administrative county of London ; and (Jj) the provisions of the Public Health Act, 1875, relating to byelaws, where such byelaws are made by a sanitary authority, shall apply to such byelaws, and a fine or penalty under any such byelaw may be recovered on summary conviction. 85. — (1.) For the purposes of the execution of their duties under thLs Act the Local Government Board may cause such local inquiries to be held as tlie Board see fit, and the costs incurred in relation to any such local inquiry, and to any local inquiry which any other confirming authority holds or causes to be held, including the salary or remuneration of any inspector or officer of or person employed by the Board or con- firming authority engaged in the inquiry not exceeding thi-ee guineas a day, shall be paid by the local authorities and persons concerned in the inquiry, or by such of them and in such jn-oportions as the Board or confirming authority may direct, and that Board or authority may certify the amount of the costs incurred, and any sum so certified and directed by that Board or authority to be paid by any local authority or person shall be a debt to the Crown from such local authority or person. (2.) Sections two hundred and ninety-three to two hundred and ninety- six and section two hundred and ninety-eight of the Public Health Act, 1875, shall apply for the purpose of any order to be made by the Local Government Board or any local inquiry which that Board cause to be held in pursuance of any part of this Act. See 38 & 39 Vict. c. 55, ss. 293 —296 and 298.] 86. — (1.) An order in writing made by a local authority under this Act shall be under their seal and authenticated by the signature of their clerk or his lawful deputy. (2.) A notice, demand, or other written document proceeding from the local authority under this Act shall be signed by their clerk or his lawful deputy. 87. Any notice, summons, writ or other proceeding at law or otherwise notice, etc. unrequired to be served on a local authority in relation to carrying into *^f>!°^-^^- effect the objects or purposes of this Act, or any of them, may be served ^' upon that authority by delivering the same to their clerk, or leaving the same at his office with some person employed there. \_See 3 Edw. 7, c. 39, s. 13 (2).] 88. — (1.) A person shall not vote as member of a local authority or county council or any committee thereof upon any resolution or question which is proposed or arises in pursuance of Part 1. or Part II. of this Act, if it relates to any dwelling-house, building, or land in which he is bene- ficially interested. (2.) If any person votes in contravention of this section he shall, on Prohibition on persons interested voting as members of local authority. [53 & 54 Vict.] Housing of the Working Classes Act 1 890. [Chap. 70.] 949 summary conviction, be li.ilile for each offence to a fine not exceeding fifty pounds ; but the fact of his giving the vote shall not invalidate any resolution or proceeding of the local authority or county council. 89. Where any person obstructs the medical officer of health, or any Penalty for ofhct-r of the local authority, or of the confirming autiioi-ity mentioned obstructing in Part I. of this Act, in the performance of anything which such officer the execution or authority is by this Act required or authorised to do, such person shall, oil suiiiiiiary conviction, be liable to a flue not exceeding twenty pounds. t, • u 90. UH'ences under this Act punishable on summary conviction may . offences be prosecuted and fines recovered in manner provide, as amended by the Court of Chancery Funds Act. \X~'2, " with respect to the purchase money or com- pensation 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 pro- visions of Part I. 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 as payable to him, then and in any such case the amount 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 954 [Chap. 70.] Housing of the Working Classes Act 1890. [53 & 54 Vict.] 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 aforesaid, in addition to the abstract or statement herein-before 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 j^arty claiming to be entitled to any interest in any lands the possession whereof has been taken by the local authority as afore- said, then the right to have a certificate according to the provisions of this Act may, at the cost and charge of the local authority, be enforced by any party or parties, by application to the High Court, in a summary 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 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 authorised to be purchased or taken by the local authority, and mentioned in such award, to enter upon and use such lands for the purposes of the improvement scheme of the local authoritj' : and the arbitrator shall, upon the request of the local authority at any time after he has framed such 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 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 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 as aforesaid, all proceedings for and in relation to the completion of the award, the delivery of certificates, and other proceedings under Part I. of this Act, shall be had, and payments 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 until the time of the payment of such money and interest to the party entitled thereto, or where, under the pro%dsions of Part I. of this Act, such compensation is required to be paid into the Bank of Ecgland, then until the same, with such interest, is paid into such Bank accordingly ; and where under this provision 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. (2.5.) 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 High Court, and remain in the bank by way of security to the parties interested in the lands which have been so entered upon for the pay- ment of the money to become payable by the local authority in riespect thereof under the award of the arbitrator ; and the money so deposited may, on the application by petition of the local authority, be ordered to be in- vested in Bank Annuities or Government securities, and accumulated : and upon such payment as aforesaid by the local authority it shall be lawful for the High Court, upon a like application, to order the money so deposited. or the funds in which the same shall have been invested, together with the accumulation 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. [53 & 54 Vict.] Housing of the WorJdng Classes Act 1890. [Chap. 70.] 955 Apiienl. (26.) In the following cases, namely, — See 4.0 & 4G («.) Where the party named in any certificate issued under the provisions Vict. c. 54. herein-hefore contained of the amount of the compensation ascertained f^ch. (G). by any award under Part I. of this Act (or any party claiming under the party so named) is dissatisfied with the amount in such certificate cer- tified to be payable, and such amount e.vceeds one thousand pounds, and (i.) Where 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 one thousand pounds ; also ^e.) Where the local authority is dissatisfied with the amount of compensation which tlie arbitrator appointed uiuler the provisions of Part I. of this Act has awarded to be paid by the local authority to any person in respect of any estate or interest in lands, and such amount exceed the sum of one thousand pounds : the party dissatisfied may, u])on obtaining the leave of the High Court, which leave may be granted by such court or any judge thereof at chambers in a summary manner, and upon being satisfied that a failure of justice will take place if the leave is not granted, 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 api)eal 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 authoi'ity appeals, at the date of the making of the award. (27.) Where a notice has been given under Part I. of 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 % ^^^ Vict. Consolidation Act, 1846, and all the provisions of that Act contained in sections c. 18. thirty -eight to fifty-seven, both inclusive, shall be deemed to apply, except sections forty-seven and fifty-one : Provided also, that — (1.) Where the local authority appeals that authority shall be deemed to be the plaintiff and the party entitled to compensation 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 sliall 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 High Court : Init 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, — {ii.) Notwithstanding the verdict of the jury may be for a sum less than that awarded by the arbitrator, the local authorit}' shall pay 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 (h.) In case the verdict of the jury is for a sum equal to or exceeding the award of the arbitrator, the local authority shall pay to the other party the costs of the trial, such costs to be taxed and ascertained in manner aforesaid, (c.) The amount of compensation awarded by the arbitrator shall not be communicated to the jury, but they shall be recjuired to make an independent assessment of tbe amount of compensation to which the party claiming compensation is entitled. Costs of Arbitration. (28.) The salary or remuneration, travelling, and other expenses of the See 45 & 46 arbitrator, and all costs, charges, and expenses (if any) which may 1)6 incurred Vict. c. 54. by the confirming authority in carrying the provisions of Part 1. of this Act JSch. (H). into execution, shall, after the amount thereof shall have been certified under 956 [Chap. 70.] Housing of the Working Classes Act 1890. [53 • • a [Parts omitted relate to enactments applied for places other than London."] t FOURTH SCHEDULE. y,,tion 32. FORMS. Form A. Form of Notice requiring Prenu>re/H/sea or place where the nuisanrf rxisfs']. are in a state so dangerous or injurious to health as to be unfit for human habitation, do hereby require you within from the service of this notice to make the said premises fit for human habitation. If you make default in complying with the requisitions of this notice pro- ceedings will be taken before a court of summary jurisdiction for prohibiting the use of the premises for human habitation. Dated this day of 18 . Signatiirr (forcer ) (f local authority ) * The Sanitary Act 1866 (except s. 41) and the Nuisances Removal Act 1855 have been repealed (except as to London) by 38 &; 39 Vict. c. 55, and as to London by 54 ,. body, they may, by their order, provide that such of those trustees as are appointed by the council, or some of them, shall be appointed on the nomination of the councillors elected for the ward or wards comprising such parish or any part of the parish. (3.) Any order under this section may provide for its operation extending^ either to the whole or to specified parts of the area of the borough or urban district, and may make such j^rovisions as seem necessary for carrying the order into efiect. (4.) The order shall not alter the incidence of any rate, and shall make such provisions as may seem necessary and just for the preservation of the existing interests of paid officers. (5.) An order under this section may also be made on the application of any representative body within a borough or district. (6.) The provisions of this section respecting councils of urban districts- shall apply to the administrative county of London in like manner as if the district of each sanitary authoi-ity in that county were an urban district, and the sanitary authority were the council of that district. \_See 54 & 55 Vict. c. 76, s. 99, and 62 & 63 Vict. c. 14, s. 23.] (7.) The Local Government Board shall consult the Charity Commis- sioners before making any order under this section with respect to any charity. • • • % • ■ 35. Save as specially provided by this Act, this part of this Act shall not apply to the administrative county of London or to a county borough. PART III. Areas and Boundaries. 36. [Poivers enabling County Councils, with the consent in certain cases of the Local Government Board, to make various alterations ivith respect to 2mrishes, poor laio unions and other areas and the boundaries thereof and provision {siib-s. 13) that County Councils shall vnthin 2 years after the passing of the Act, or such further time as the Local Government Board shall alloiv, make such orders under this section as they deem necessary for the purpose of bringing the Act into oj)eration, and for the transfer, after such 2 years or further period, of such powers to the Local Government Board. ^ Reduction time for appealing against county council orders. of 41. The time for petitioning against an order under section fifty-seven of the Local Government Act, 1888, shall be six weeks instead of three months after the notice referred to in subsection three of that section. 42. When an order under section fifty-seven of the Local Government Act, 1888, has been confirmed by the Local Government Board, such order * See 62 & 63 Vict. c. 14, s. 11. [56 & 57 Vict.] Local Government Act 1804. [Chap. 73.] 969 sLall at tlie t'Xpirutiou of six moutli.s I'roui that conliriuation V>e presumed Validity of to have been duly made, and to be within the powers of that section, ^q^JJ^jJ and no ol)jecti(m to the legality tliereof shall be entertained in any legal orders, proceeding whatever. PART TV. Supplemental. Parish Meetiiujs and A'lections.* 43. For the purpose of this Act a woman shall not be disqualified by Removal of mairiage for being on any local government register of electors, or for J^.'^^^^V ^*' being an elector of .any local authority, provided that a husband and wife married shall not both be qualified in respect of the same property. women. 44. — (1.) The local government register of electors and the parliamen- Register of tary regi.ster of electors, so far as they relate to a paiish shall, together, Parochial form the I'egister of the parocliial electors of the parish ; jind any person whose name is not in that register shall not be entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register shall be entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by this or any other Act of Parliament.t (2.) Where the parish is in a parliamentary borough, such portion of the parliamentary register of electors for the county as contains the names of persons registered in respect of the ownership of an}' property in the pai-ish shall be deemed to form part of the parliamentary register of electors for the parish within the meaning of this section. (3.) The lists and register of electors in any parish shall be framed in parts for wards of ui-ban districts and parishes in such manner that they may be conveniently used as lists for polling at elections foi- any such wainJs. (4.) Nothing in any Act shall prevent a person, if duly qualified, from being registei'ed in more than one register of parochial electois. (5.) Where in that portion of the parliamentary register of electors which relates to a parish a person is entered to vote in a polling district other than the district comprising the parish, such person shall be entitled to vote as a parochial elector for that paiish, and in addition to an asterisk there shall be placed against his name a number consecutive with the other numbers in the list. [See the Parliamentar)/ Jifi(fistration Act 1843, s. 36.] (6.) Where the revising bariistei- in any list of voters for a parish would — (a.) In pursuance of section seven of the County Electors Act, 1888, ^^ ^ ^<^^- ^- ^O- place an asterisk or other mark against the name of any person ; or (h.) In piu'suance of section four of the Ilegistration Act 1885, erase the name of any person otherwise than by reason of that name appearing more than once in the lists for the same parish ; or (c) in pursuance of section twenty-eight of the Parliamentary and ^1 --^ -^2 Vict. ^Iuni{■illal Registration Act, 1878, as amended by section t^ve of ^V^' ,q -n- the Registration Act, 1885, place against the name of a person ^'^^ a note to the etiect that such person is not entitled to vote in respect of the qualification contained in the list, the revising barristei- shall, instead of placing that mark or note, or erasing the name, place against the name, if the pei'son is entitled to vote in respect of that entry as a county elector or burgess, a mark signifying that his name should be ]>rinted in division three of the list, or if he is entitled to vote only as a parochial elector, a mark signifying that he is ♦ Sees. HI (1). t See the Felony Act 1870, s. 2; Forfeiture Act 1870, s. 2 ; Corrupt Practices Acts 1883, ss. 4. ti, 10, and 38 (5). 1884, ss. 2. 7, 17, 23. and 2s (4), and ISSS), s. 2; Divided Parishes etc. Act 1876, s. 14 ; 51 & 52 Vict. c. 41, s. 5 (7) ; and the Bankruptcy Acts 1883, s. 32, and 1890, s. 9, etc. 970 [Chap. 73.] Local Government Act 1894. [oO & 57 Vict.] entitled to be i-egistered as a parochial elector, and the name so marked shall not be printed in the parliamentary register of electors, but shall be printed, as the case requires, either in division thi-ee of the local government register of electors, or in a separate list of parochial electors. (7.) Where the name of a person is entei-ed both in the ownership list and in the occupation list of voters in the same parish, and the revising barrister places against that name a mark or note signifying that the name should be printed in division three of the lists, an asterisk or other mark shall be there printed against the name, and such person shall not be entitled to vote as a parochial elector in respect of that entry. (8.) Such separate list shall form part of tiie register of parochial electors of the parish, and shall be printed at tlie end of the other lists of electors for the parish, and the names shall be numbered consecutively vrith the other names on those lists, and the law relating to the register of electors shall, with the necessary modifications, apply accordingly, and the lists shall, for the purposes of this Act, be deemed to be part of such register. (9.) Any person may claim for the purpose of ha^^ng his name entered in the parochial electors list, and the law relating to claims to be entered in lists of votei-s shall apply. (lU.) The clerk of the county council or town clerk, as the case may be, shall, in printing the lists i-eturned to him by the revising barrister, do everything that is necessary for cai-rying into effect the provisions of this section with i-espect to the persons whose names are marked by the i-evising barrister in pursuance of this section. Disqualifi- cations for parish or district council. 46.* — (1.) A person shall be disqualified for being elected or being a member or chairman of a council of a parish or of a district other than a borough or of a board of guardians if he — («) is an infant or an alien ; or (6) has within twelve months before his election, or since his election, received union or parochial relief t ; or (c) has, within five years before his election or since his election, been convicted either on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine, or to any greater punishment, and has not received a free pardon, or has, within or during the time aforesaid, been adjudged bankrupt, or made a composition or arrangement with his creditors t ; or ((i) holds any paid ofiice under the parish council or district council or board of guardians, as the case may be ; or (e) is concerned in any bargain or contract entered into with the council or board, or participates in the profit of any such bargain or contract or of any work done vmder the authority of the council or board. (2.) Provided that a person shall not be disqualified for being elected or being a member or chairman of any such council or board by reason of being interested — (a) in the sale or lease of any lands or in any loan of money to the council or board, or in any contract with the council for the supply fi'om land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing highways or bridges, or in the transport of materials for the repair of roads or bridges in his own immediate neighbourhood ; or (6) in any newspaper in which any advertisement relating to the afiairs of the council or board is inserted ; or (c) in any contract with the council or board as a shareholder in any joint stock company ; but he shall not vote at any meeting of the council or board on any question in which such company are * See 62 & 63 Vict. c. 14, s. 2 (5), t See note to s. 44 (1). [56 & 57 Vict.] Local Government Act 1894. [Cha-p. 73.] 971 interested, exeft[)t that in tlie case of a water company or otlier company estahlislied tor the carrying on of works of a like puldic nature, this prohibition may be dispensed with by the county council. (3.) [Where a parish councillor is concei'ned in any such bargain or contract, or jiarticipates in anij svxh profit, as tvould disqualify him for being a parish councillor, the disqualification may be removed by the county council if (hey are of opinion that such reuioval vnll be beneficial to the parish. Not ■applicable to London.^ (4.) Where a person is disf|ualined by being adjudged bankrupt or making a composition or arrangement with his cretlitors, the disijualifi- cation shall cease, in case of l)aiikruptcy, when the adjudication is annulled, or when he obtains his discharge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part, and, in case of composition or arrangement, on payment of his debts in full. (5.) \_A person disqualified^ for being a guardian shall also be disqualified for being a rural district councillor. Not applicable to London.^ (6.) If a member of a council of a parish, or of a district other than a borough, oi- of a board of guardians, is aljsent from meetings of the council or board for more than six months consecutively, except in case of illness or for some reason approved by the council or board, his office shall on the expiration of those months become vacant, • (7.) Where a member of a council or board of guardians becomes dis- qualified for holding ofiice, or vacates his seat for absence, the council or board shall forthwith declare the office to be vacant, and signify the same by notice signed by three members and countersigned by the clerk of the council or board, and notified in such manner as the council or board direct, and the otfice shall thereupon become vacant. (8.) If any person acts when disqualified, or votes when prohibited under this section, he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds. (9.) This section shall apply in the case of any authority whose members are elected in accordance with this Act in like manner as if that authority were a district council. . . . [Part omitted {provisions as to Londoyi avditors) rep. 62 & 63 Vict. c. 14, s 35.] 48. — (1.) [As to the election of parish councillor.] Supple- (2.) Rules framed under this Act by the Local Government Board ™pptal pro- in relation to elections shall, notwithstanding anything in any other Act, ^j^i'^P ^^ ^o have effect as if enacted in this Act, and shall provide, amongst other pQijg ^^^ things — tenure of (i.) for every candidate being nominated in writing by two parochial office, electors as proposer and seconder and no more ; (ii.) for preventing an elector at an election for a union or for a district not a borough from subscribing a nomination paper or voting in more than one parish or other area in the union or district ; (iii.) for preventing an elector at an election for a parish divided into parish wards from subscribing a nomination paper or voting for more than one ward ; (iv.) for fixing or enabling the county council to fix the day of the poll and the hours duiiug which the poll is to be kept open, so, how- ever, that the poll shall always be open between the hours of six and eight in the evening * ; (v.) for the polls at elections held at the same date and in the same area being taken together, excej)t where this is impracticable; (vi.) for the appointment of returning officers for the elections. (o.) At every election regulated l»y rules framed under this Act. the 35 & 36 Vict, poll shall be taken by ballot, and the Eallot Act, 1872, and the Municipal c. 33. * See the Election (Hours of Poll) Act 1885, and the Metropolitan Borough Councillors Election Order li)03. 972 [Chap. 73.] Local Gocernment Act 1894. [56 & 57 Vict.] 47^& 48 Vict, Elections (Corrupt and Illegal Practices) Act, 1884, and sections seventy- ^•.''P' „ „. four and seventy-five and Part IV. of the Municipal Corporations Act, ^ 5Q ■ 1882, as amended by the last-mentioned Act (including the penal provisions of those Acts) shall, subject to adaptations, alterations, and exceptions made by such rules, apply in like manner as in the case of a municipal election. Provided that — (a) section six of the Ballot Act, 1S72, shall apply in the case of such elections, and the returning officer may, in addition to using the schools and public rooms therein referred to free of charge, for taking the poll, use the same, free of charge, for hearing objec- tions to nomination papers and for counting votes ; and {h) section thirty-seven of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall apply as if the election were an election mentioned in the First Schedule to that Act. (4.) The provisions of the Municipal Corporations Act, 1882, and the enactments amending the same, with respect to the expenses of elections of councillors of a borough, and to the acceptance of office, resignation,, re-eligibility of holders of office, and the filling of casual vacancies, and section fifty-six of that Act, shall, subject to the adaptations, alterations, and exceptions made by the said rules, apply in the case of guardians and of district councillors of a county district not a borough, [and of members of the local hoard of Woolii:ich^'\ and of a vestry "i" under the Metropolis Management Acts, 1855 to 1890, and any Act amending the same. Provided that — (a) the provisions as to resignation shall not apply to guardians. . . . [Part omitted {as to resignation of district councillors of a rural district) not aj)2)licahle to London.^ (b) nothing in the enactments applied by this section shall authorise or require a returning officer to hold an election to fill a casual vacancy which occui'S within six months before the ordinary day of retirement from the office in which the vacancy occurs, and the vacancy shall be filled at the next ordinary election ; and (c) the rules may provide for the incidence of the charge for the expenses of the elections of guardians being the same as hereto- fore. (5.) If any difficulty arises as respects the election of any individual councillor or guardian, or member of any such local board or vestry as- aforesaid, or auditor, and there is no provision for holding another election, the county cotincil may order a new election to be held and give such directions as may be necessary for the purpose of holding the election, [Words in itcdics rep. 62 & 63 Yict. c. 14, s. 35.] (6.) Any ballot boxes, fittings, and compartments provided by or belonging to any public authority, for any election (whether parliamentary, county cotxncil, municipal, school board, or othei'), shall, on request, and if not required for immediate use by the said authority, be lent to the returning officer for an election itnder this Act, upon such conditions and either free of charge or, except in the prescribed cases, for such reasonable charge as may be prescribed. [See s. 75 (2),] (7.) The expenses of any election under this Act shall not exceed the scale fixed by the county council, . . . [Part omitted {as to the scale for the first election) spent. ^ (8,) This section shall, subject to any adaptations made by the said rules, apply in the case of every poll consequent on a parish meeting, as if it were a poll for the election of parish councillors, .Joint com- J 67. — (1.) A parish or district council may concur with any other mittees. parish or district council or councils in appointing out of their respective * See 62 & 63 Vict, c. 14. ss. 19 and 35 (2). + Now a council of a metropolitan borousrh. See 62 &: 63 Vict, c, 14. s. 4, t See 62 & 63 Vict. c. 14, s. 8 (4). [56 & 57 Vict.] f.ocal Government Art 1894. [Chap. 73.] 973 bodies a joint coinmittoe for any purpose in ipspoct of whioli tliey are jointly interesttil, und in funtV'rring, with or witlunit conditions or restric- tions, on any such committee any powers which the appointing council might exercise if the puri)ose rehited exclusively to their own pari.sh or district. (2.) Provided that a council shall not delegate to any .such committee any power to l)orrow money or make any rate. (3.) A joint committee appointed under this section shall not hold otlice beyond the ex[)iiation of fourteen days after the next annual meeting of any of the councils who appointed it. (4.) The costs of a joint conunittee under this section shall be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of ilifference by the county council. (5.) Where a parish council can under this Act be required to appoint a comniittei^ consisting partly of meml:)ers of the council and putly of other persons, that requirement may also be made in the case of a joint committee, and shall l)e duly (•om[)lied with by the parish councils con- cerned at the time of the appointment of such committee. Miscellaneous. 60.— (1.) T'le council of each county may, from time to time, by order, Supplemental fix or alter the number of guardians or rural district councillors to be provisions elected for each parish within their county, and for those purposes may "^ *\. exercise powers of adding j)arishes to each other and dividing parishes ° into wards, similar to those wiiich by the Acts relating to the relief of the poor are, for the purpose of the election of guardians, vested in the Local Government Board. [ix weeks after the making thereof, objected to by any of the county councils con- cerned, or by any committee of any of tho.se councils authorised in that behalf, it shall be of no effect until conlirmed by the Local Government Board. (4) — (6). \Provisions as to guardians under local and personal Acts and for the city of Oxford. Not applicable to London^] * See note on 51 & 52 Vict. c. 41, s. 13. 974 [Chap. 73.] Local Government Act 1894. [56 & 57 Vict.} Transfer of property and debts and liabilities. Adjustment of property and liabilities. 52 & 53 Vict, c. 49. 67. Where any powers and duties are transferred by this Act from one authority to another authority — (1.) All property held by the fir.st authority for the purpose or by virtue of such powers and duties shall pass to and vest in the other authority, subject to all debts and liabilities affecting the same ; and (2.) The latter authority shall hold the same for the estate, interest^ and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not passed, so far as the same are not modified by or in pursuance of this Act ; and (3.) All debts and liabilities of the first authority incurred by virtue of such powers and duties shall become debts and liabilities of the latter authority, and be defrayed out of the like property and funds out of which they would have been defrayed if this Act had not passed. \_See s. 33.] 68. — (1.) Where any adjustment is required for the purpose of this Act, or of any order, or thing made or done under this Act, then, if the adjustment is not otherwise made, the authorities interested may make agreements for the purpose, and may thereby adjust any property, income, debts, liabilities, and expenses, so far as affected by this Act, or such scheme, order, or thing, of the parties to the agreement. (2.) The agreement may provide for the transfer or retention of any property, debts, or liabilities, with or without any conditions, and for the joint use of any property, and for payment by either party to the agree- ment in respect of property, debts, and liabilities so transferred or retained,, or of such joint user, and in respect of the salary or remuneration of any ofhcer or person, and that either by way of an annual payment or, except in the case of a salary or remuneration, by way of a capital sum, or of a terminable annuity for a period not exceeding that allowed by the Local Government Board: Provided that where any of the authorities interested is a board of guardians, any such agreement, so far as it relates to the joint use of any property, shall be subject to the approval of the Local Government Board. (3.) In default of an agreement, and as far as any such agreement does noli extend, such adjustment shall be referred to arbitration in accordance with the Arbitration Act, 1889, and the arbitrator shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily, and his award may provide for any matter for which an agreement might have provided. (4.) Any sum required to be paid by any authority for the purpose of adjustment may be paid as part of the general expenses of exercising their duties under this Act, or out of such special fund as the authority, with the ajjproval of the Local Government Board, direct, and if it is a capital sum the payment thereof shall be a purpose for which the authority may boiTow vmder the Acts relating to such authority, on the security of all or any of the funds, i-ates, and revenues of the authoiity,. and any such sum may be bori'owed without the consent of any avithority, so that it he lepaid within such period as the Local Government Board may sanction. (5.) Any capital sum paid to any authoi-ity foi- the purjoose of any adjustment under this Act shall be treated as capital, and applied, with the sanction of the Local Government Boai-d, either in the repayment of debt or for any othei- purpose for which capital money may be applied. Summary 70. — (1.) If any question arises, or is about to arise, as to whether any proceeding power, duty, or liability is or is not transferi'ed by or under this Act to mination of ^^^^ parish council, pa}'ish meeting, oi- district council, or any property is or is not vested in the parish council, or in the chai)'man and overseers of [56 & 57 Vict.] Local Government Act 1894. [Chap. 73.] 975 a rural parish, or in a district touucil, that (luestioii, without piejudice questions as to any other mode of trying it, may, on the application of the council, ^^ ^]^^fj^^ meetinj,', or othei- local authority concerned, be submitted for decision ta '^^ the High Court in such simniiary nianner as, sul)iect to any lules of court, may be directed by the Court ; and the Court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question. (2.) If any question arises or is altout to arise under this Act as to the appointment of the trustees or Vieneticiaries of any charity, or as to the persons in whom the pi-operty of any charity is vested, such question shall, at the request of any trustee, l)eneficiary, or other person interested, be determined in the hrst instance by the Charity Commissioners, subject to an appeal to the High Court laought within three months after such determination. Provided that an appeal to the High Court of Justice from any determination of the Charity Commissioners under this section may be presented only under the same conditions as are prescribed in the case of appeals to tlie High Court fi'om orders made by the Charity Commissioners under the Charitable Trusts Acts, 1853 to 1891. [.S'ee 62 k G3 Vict. c. W, s. 23 (5).| (3.) An appeal shall, with the leave of the High Court or Court of Appeal, but not otherwise, lie to the Court of Appeal against any decision under this section. 71. A copy of every order made by a county council or joint committee Supple- in pm-suance of this Act shall be sent to the Local Government Board, mental pro- and, if it alters any local area or name, also to the Board of Agriculture, ^q^^"^ ^ 72. \^As to the expenses of the Local (rovernment Board in inquines and council other jyroceedlnys under this Act, and as to the exjH'iises of local inquiries orders. held by county councils.^ 73. When the day on which any thing is required by or in pursuance Provision as of this Act to be done is Sunday, Christmas Day, or Good Friday, or a ^° \^^^^^^ bank holiday, that thing shall be done on the next following day, not '^joij^iays. being one of the days above mentioned. 75._(1.) The definition of "parish"* in section one hundred of the Construction Local Government Act, 1888, shall not apply to this Act, but, save ^^ 51 "^^-o vict aforesaid, expressions used in this Act shall, unless the context otherwise ^ 4i_ " re({uin s. have the same meaning as in the said Act. (2.) In this Act, unless the context otherwise requires — The expression " parochial elector," when used with reference to a parish in an urban district, or in the county of London or any county borough, means any person who would be a parochial elector of the parish if it were a rural parish. The expression " election " includes both the nomination and the poll. The expression " trustees " includes persons administering or managing any charity or recreation ground, or other ja-operty or thing in relation to which the word is used. The expression "ecclesiastical charity " t includes a charity, the endow- ment whereof is held for some one or more of the following purposes : — (a) for any spiritual purpose which is a legal purpose ; or {h) for the benefit of any spiritual person or ecclesiastical otticer as such ; or (c) for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination ; or ((/) for the maintenance, repair, or impi-ovement of any such building as aforesaid, or for the maintenance of di\nne service therein ; or * See the Interpretation Act 188i\ s, 5. t See 62 & 03 Vict. c. 14, s. 23 (3). 976 [Chap. 73.] Local Government Act 1894. [56 & 57 Vict.] (e) otherwise for the benefit of any particular church or denomina- tion, or of any members thereof as such. Provided that where any endowment of a charity, other than a building held for any of the purposes aforesaid, is held in part only for some of the purposes aforesaid, the charity, so far as that endowment is concerned, shall be an ecclesiastical charity within the meaning of this Act ; and the Charitv Commissioners shall, on application by any person interested, make such provision for the appoi-tionment and management of that endowment as seems to them necessary or expedient for giving effect to this Act. The expression shall also include any building which in the opinion of the Charitv Commissioners has been erected or provided within forty vears before the passing of this Act mainly by or at the cost of members of any particular church or denomination. The expression " affairs of the church " shall include the distribution of ■ offertories or other collections made in any church. The expression " vestry " in relation to a parish means the inhabitants of the parish whether in vestry assembled or not, and includes any select vestry either by statute or at common law. The expression " local and personal Act " includes a Provisional Order confirmed by an Act and the Act confirming the Order. The expression " prescribed " means prescribed by order of the Local Government Board. {Parts omitted consist of dpfinitions of '' 'parochial charity!;' ^^ rateable value," ^^ county " and ''■ elementarj school.'^ Short title. 77. This Act may be cited as the Local Government Act, LS94. PART Y. Transitory Provisions. Existing 81. — (L) AVhere the powers and duties of an}' authority other than officers. Justices are transferred by this Act to any parish or district council, the officers of that authority shall become the officers of that council, and for the purposes of this section the body appointing a surveyor of highways shall be deemed to be a highway authority and any paid surveyor to be an officer of that body. . • ■ • (4.) Every such officer, vestry clerk, and assistant overseer, as above in this section mentioned shall hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same duties shall receive not less salary or remuneration than heretofore. [See 62 & 63 Vict. c. 14, s. 30 (2).] 51 & 52 Vict. C.41. (7.) Section one hundred and twenty of the Local Government Act, 1888, which relates to compensation to existing officers, shall apply in the case of existing officers affected by this Act, whether officers above in this section mentioned or not, as if references in that section to the county council were references to the parish council, or the district council, or board of guardians or other authority whose officer the person affected is when the claim for compensation arises as the case may require. Pro- vided that all expenses incurred by a district council in pursuance of this section shall be paid as general expenses of the council, and any expenses incurred by a board of guardians in pui'suance of this section shall be paid out of their common fund, and any expenses incurred by any other authority in pursuance of this section shall be paid out of the fund [56 & 57 Vict.] Loral Government Act 1804. [Chap. 73.] 977 apjilicable to payment of tlie salary of the oltices affected. [See 62 it 03 Vict. c. 14, .S-. ;3U'(2).] . • . • ■ 85. [As to rates and precepts foi- ctmtrthntimiJi made he/ore the appointed daij — As to receipts and e.fjienditure he/ore sxch day and leyal proceedings co'ininenced before snclt day, etc.] 86. — (1.) Nothing in this Act shall prejudicially affect any securities Saving for granted before the passing of this Act on the credit of any rate or existing pifiporty transferred to a coniicil or pai-ish meeting by this Act; and ''^^,"" *'"•'' all such securities, as well as all unsecured debts, liabilities, and obliga- (.jj^jj-^^g ^£ tioiis incurred by any authority in the exercise of any powers or in debts. relation to any property transferred from them to a council or parish meeting shall be discharged, paid, and satisfied by that council or parish meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for this Act, that rate may continue to be levied and that power to be exer- cised either Ijy the autliority who otherwise would have levied or exercised the same, or by the transferee as the case may require. (2.) It shall be the duty of every authority whose powers, duties, and liabilitiis are transferred by this Act to liquidate .so f:ir as practicable before the appointed day, all current debts and liabilities incurred by such authority. [See 02 & 03 Vict. c. 14, s. 33 (2).] 87. All such byelaw.s, orders, and i-egulations of any authority, whose Saving for powers and duties are transferred by this Act to any council, as are in f^xis^ing force at the time of the transfer, shall, so far as they relate to or are • in pursuance of the powers and duties tr;insferred. continue in force as if made l)y that council, and may be revoked or altered accordingly. [See 02 et 03 Vict. c. 14, s. 33 (2).] 88. — (1.) If at the time when any powers, duties, liabilities, debts, or Saving for property are by this Act transferred to a council or parish meeting, any pending action or proceeding, or any cause of action or proceeding is pending or > • existing by or against any authority in relation thereto the same shall not be in anywise prejudicially affected by the passing of this Act, but may be continued, pro.secuted, and enforced by or again.st the council or parish meeting as succe.«;.sors of the .*aid authority in like manner as if this Act had not been passed. (2.) All contracts, deeds, bonds, ngreements, and other instruments subsisting at the time of the transfer in this section mentioned, and affecting any of such powers, duties, liabilities, debts, or property, shall be of as full foice and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as if, instead of the authority, the council or parish meetiiig had been a party thereto, [^ee 62 & 03 Vict. c. 14, s. 33 (2).] 89. The Acts specified in the Second Schedule to this Act are hereby Repeal, repealed as from the appointed day to the extent in the third column of that schedule mentioned, and so much of any Act, whether public general or local and personal, as is incon.si.stent with this Act is also hereby repealed. . . . [Part omitted contains a j)roi'iso that irards of urban districts and the number of members of ^vrban sanitary authorities f. red under any local and personal Act shall continue and he alterable as if fixed luuler this or any other Act.] SCHEDULES. First Scukpule. [RulrK as to parixh mciihiyn, parish cnunciln, and com- mittees. Xot applicable to Lnndoii.] 63 978 [Chap. 60.] Merchant Shipping Act 1894. [57 & 58 Vict.] SECOND SCHEDULE. Enactments Repealed. Session and Chapter. 18 & 19 Vict. c. 120. 19 & 20 Vict. c. 112. 25 & 26 Vict, c 102. 25 & 26 Vict. c. 103. 30 & 31 Vict. c. 6. Short Title. The Meti-opoli.s Man- agement Act, 1855. The Metropolis Man- agement Amendment Act," 1856. Tlie Metropolis Man- agement Amendment Act, 1862. The Union Assess- ment Act, 1862. The Metropolitan Foor Act, 1867. Extent of Repeal. Section six. Sections thirteen to twenty-seven. In section thirty the words "or cu.stom." iSection fifty-four. In section two hundred and thirty-five the words " under this Act," where they secondly occur. Sections six, seven, and eight. Section thirty-six ; and section forty from " by rating " to '• of such parish." In section two, the words " consisting partly of ex officio and partly of elected guardians," and from " Pro- vided always " to the end of the section. In section five, the words " ex officio or elected." in both places where they occur, and the words, "as the case may be." Section seventy-nine. 57 & 58 VICTORIA. A.D. 1894. CHAPTER 60. An Act to consolidate Enactments relating to Merchant Shipping. [25/ Act IH'.i^. [Chap, clxxxvii.] 985 made a composition or arranj^eiiK'nt with iii> orefiitors when in case of iKinkniptcy tlie adjudication lias been annulh-d or he has obtained his discharge with a certificate that his bankruptcy was caused by mist'ortune witliout any niisconthict on hLs part and in case of composition oi- airangeuient iiis debts have Ijeen paid in full ; and (c) A person shall not be disqualided for beinjj; or continuing to be a Conservator by reason of his lieing interested — (a) in the sale or lease of any lands or in any loan of money to the Conserv^ators or in any contract with the Conservators for the supply from land of which he is owner or occupier of stone gravel or other materials for work being doiie umler the authority of the Conservators ; or (b) in any newspaper in which any advertisement notice or byelaw is published by the Conservators ; or (c) in any contract with the Conservators as a shareholder in any joint stock company if and so long as he does not act as a Conservator in any matter relatinowners next following the appointment of the Conservator so appointed and any Conservator so 986 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] Certain Con- servators removable. elected shall hold office for the remainder only of the term for which he would have been entitled to hold office had he been elected when the Con- servator in respect of whose office the casual vacancy occurred was elected or at the time when the failure to elect occurred as the case may be. 30. — (1) Every Conservator appointed by the Admiralty the Board of Trade the Trinity House the Common Council any county council the council of any comity borough or the metropolitan water companies* or elected by shipowners shall be I'emovable from his office of Conservator by the body which appointed or elected him : Pi-ovided that a Conservator shall not be so removed by the Common Council a county council or the council of a county borough unless notice in writing of the intention to propose the removal of such Conservator shall have been given to every member of such council seven days at least before the meeting of such council at which the removal is determined upon nor unless such removal be determined upon by a majority con- sisting of two thirds of the councilloi-s (which word shall for this purpose be deemed to include the words " mayor " and " aldermen ") present and voting at such meeting. ■ ••••• \Fart omitted contains 2^'i'ovisions as to the removal of a C'onservatm' hy shipowners.^ 31. Every Conservator going out of office shall if not pursuant to this Act disqualified be eligible to be re-appointed or re-elected. 32. Forthwith after every appointment by the Admiralty or by the Board of Trade or by the Trinity House or by the Common Council or by any county council or by the council of any county borough or by the metropolitan water companies * of any person to be a Conservator notice ■ in writing of such appointment shall be sent to the secretary by the secretary to the Admiralty or by a secretary or assistant secretary to the Board of Trade or by the secretary to the Trinity House or by the town clerk of the city of London or by the clerk to the county council or by the town clerk of the county borough or by the governor or chairman of one of the metropolitan water companies * as the case may be. In the event of a joint appointment by the Gloucestershire and Wilt- shire County Councils the notice shall be sent by the clerk to the county council of which the person appointed to be a Conservator is a member. Payment of Conservators. Conservators 33. — (1) The Conservators every year shall set apart out of the Lower %^*p ^PP^"°J'^^ Navigation Fund such sum not exceeding in any year two thousand four Trackftobe hundred pounds and out of the Tpper Navigation Fund such sum not paid sums exceeding in any year seven hundred pounds as they with the approval annually. of the Board of Trade think fit and shall divide the same among the Conservators as they from time to time think tit. (2) No Conservator shall by reason of his receiving any part of any of the sums aforesaid in pursuance of any such division as aforesaid be deemed to hold an office or place of profit under the Conservators or in the gift or disposal of any county council or of the council of any county borough which may have appointed him to be a Conservator. [See 45 & 46 Vict. c. 50, s. 12.] Outgoing Conservators re-eligible. Notice to be given of appoint- ments of Consei-vators, Annual meeting. Periodical meetings. Meetings Chairman Committees Offices Proceedings. 34. The Conservators shall hold an annual meeting in the month of April in every year at such place and time as shall from time to time be appointed by them. 35. The Conservators shall also hold periodical meetings for any of the purposes of this Act at such places and times as shall from time to time be appointed by them. * Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. [57 & 58 Vict.] Thames Conservancij Act \^^^. [Chap, clxxxvii.] 987 36. No new byelaw or staiKling order shall be aclopted at any periodical Notice to be nu-eting \inloss the subject of such liyelaw or standing order (as the case given of cer- may be) sliall have been stated in the notice of such meeting. ^'^"^ ijusmess J I "5 at periodical 37. The Conservators may hold special meetings at such places and meetings, times as the n-cretary sliall suliject to standing ordt-rs from tinni to time Special appoint and the secretary shall conv'ene a special meeting on the written meetings, rerjuest of the chairman of the Conservators or of any two or more of the Conservators but no business shall be transacted at any special meeting except such as is stated in the notice thereof. 38. The Conservators present at any meeting of the Con.servators may Adjourn- froni time to time adjourn such meeting to the same or any other place at meat of such time as they may think fit and if at any meeting there shall not be caeetings. a quorum of Conservators present within one half-hour after the time apj»oiiited therefor such luceting shall stand adjourned to such day hour and place as may be prescribed by standing orders. 39. Notice in writing of eveiy meeting of the Conservators shall be Notices of given to each of the Conservators and every such notice shall be by the meetings, secretary delivered or sent by the post or otherwise to the usual place of abode or business of the Conservator two clear days at the least previous to such meeting except it be a special meeting called in a case of emergency and every such notice shall specify the time and place of meeting. 40. All powers vested in the Conservators may be exercised by any five Quorum of or more of them present at any meeting of the Conservators holden in Conservators, pursuance of this Act and no business shall be transacted at any such meeting unless the said number of Conservators be present. 41. The Conservators may at any meeting of the Conservators from Committees time to time appoint committees of the Conservators for any purposes ^^y ^e which the Conservators think would be better regulated and managed ^f'P'^^"^^'^- by means of such committees and they may fix the quorum of any such committee and may continue alter or discontinue any such committee. 42. Subject to any standing orders every committee so appointed may Quorum of from time to time meet and adjourn at and to such places and times and committees, regulate their own proceedings as they think pioperfor carrying into efiect the purposes of theil- appointment but no business shall be transacted at any meeting of the committee unless the quorum of memliers if any fixed l)y the Conservators and if no quorum be fixed three members of the committee be present. 43. At any meeting of the Conservators from time to time as occasion Chairman of may require it having been stated in the notices of such meeting that it is Conservators, an o>)ject of such meeting to elect a chairman of the Conservators the Con- servators shall elect from among themselves a chairman who is in this Act referred to as " the chairman of the Conservators." The chairman of the Conservators shall unless he ceases to be a Con- servator hold office for one year from the time of his election but shall be re eligible. The Conservator Avho was deputy-chairman of the Conservators immediately before the passing of this Act shall unless he ceases to be a Conservator be the chairman of the Conservators from the passing of this Act until the end of the year one thousand eight Iniuditd and Chairman of ninety -four. Conservators to be member 44. The chaii'man of the Conservators shall be an ex-otiicio member of of commit- all coinniittees of the Conservators. tees. 45. At every meeting of the Conservators the chairman of the Con- Chairman of servators if present shall be chairman of such meeting and if the chairman !^*^'^^"^^^*'_ i- ii ., 1 , ■ .• 1 . . X . 1 Conservators. 01 the Conservators be not present one or the (. on.-;er\ators present at such meeting shall be elected chairman of such meeting by the majority of the Conservators present at such meeting. 988 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] Chairman of meetings of committees. Manner of voting. No resolution of Conserva- tors to be re- voked at a subsequent meeting un- less after special notice. Proceedings of Conserva- tors and committees not invali- dated by vacancies. Informalities in appoint- ment or elec- tion of Con- servators not to invalidate proceedings. Offices. Conservators to provide daily attend- ance at an office. Conservators may make contracts. 46. Subject to any standing order.s which may provide for the election of chairmen of committees of the Conservator.s at every meeting of any such committee one of the members thei-eof present at such meeting shall be elected chairman of such meeting by the majority of the members of the committee present at such meeting. 47. At every meeting of the Conservators or of any committee of the Conservatoi's all questions shall be determined by a majority of the votes of the Conservators or members of the committee (as the case may be) present and voting and in case of an equal divi.sion of votes the chairman of such meeting shall have a casting vote in addition to hLs vote as a Con- servator or as a member of the committee (as the case may be) Provided always that if at any such meeting there be an equal division of votes in an election of a chairman it shall be decided by lot which of the Con- servators or of the members of the committee (as the case may be) having an equal number of votes shall be the chairman. 48. No resolution at any meeting of the Conservators shall be revoked or altered at any subsequent meeting unless the notice of such subsequent meeting shall have been delivered or sent to each of the Conservators five clear days at the least prexdous to such meeting nor unle.ss the intention to propose such revocation or alteration shall have been stated in such notice. 49. No proceeding of the Conservators or of any committee of the Con- servators shall be invalidated or be illegal in consequence only of there being any vacancy in the number of Conservatox-s or of members of the committee (as the case may be) at the time of such proceeding. 50. All proceedings of the Conservators or of a committee of the Conservators or of any persons acting as Conservators shall notwith- standing it be afterwards discovered that there was some defect in the ajjpointment or election of any such Conservators or per.sons or that they or any of them were disqualified be as valid as if every such Conservator or person had been duly appointed or elected and were qualified to be a Conservator. 61. The Conservatoi-s may from time to time provide and maintain fit and convenient oflices together with all proper furniture for the same for holding the meetings and transacting the business of the Conservators and for the use of their officers and for tran.sacting such other business as the Conservators shall from time to time think fit to allow or shall direct to be transacted therein and for such purpose may purchase or hire any lands or buildings which the Conservators think necessary from any person Avilling to .sell or let the same or may cause any new building to be erected upon any land purchased or hired under the provisions of this Act or otherwise belonging to the Conservators. 52. The Conservators shall require the secretary or some person duly authorised by them to attend at their office daily Sundays Christmas Days Good Fridays and Bank Holidays and days appointed for general fasts or thanksgivings only excepted for the purpose of receiving notices and trans- acting the ordinary business of the Conservators arid due notice of the situation of the office of the Conservators and of the hours during which attendance Ls given there shall be published by the Conservators in such manner as they shall think proper so that the same may be fully and generally known. 63. The Conservators may enter into contracts with any persons for the execution of any works authorised by this Act to be done by the Con- servators or which they may think pi-oper to do or to direct to be done under the powers of this Act or for furnishing materials or labour or for providing proper engines or other power or for any other matters or things whatso- ever necessary for enabling them to carry the purposes of this Act into effect in such manner and upon such terms and for such sums of money and under such stipulations regulations and restrictions as the Conservators [57 & 58 Vict.] Thames Consercancy Act 1894. [Chap, clxxxvii.] 989 think proper and every such contract shall be in writin;^' and specify the several works to be done and the materials to be furnished and the i)rices to be paid for the same and the time or times within which the works are to be completed and the materials to be furnished and the penalties or lujuidated damages to be suffered or paid in case of non-perfcamance thereof and every such contract may if the Conservators think fit also specify the person to whose satisfaction such works and materials are to be completed and furnished :ind the mode of determining any dispute which may arise concerning or in consequence of such contract. The power.s hereV)y granted to the Conservators to enter into contracts may lawfully be exercised as follows namely : — Any contract which if made between private persons would be by law required to be in writing and under seal the Conservators may make in writing in the coiporate name of the Conservators and under the common seal and in the same manner the Conservators may vary or discharge such contract ; Any contract which if made between private persons would be by law required to be in writing and signed l»y the pai-ties to be charged thei'ewith the Consei'vators may make in writing in the corporate name of the Conservators signed by the secretary or by any two of the Conservators and in the same manner the Conservators may vary or discharge such contract : And all contracts made according to the pi'ovisions herein contained shall be binding upon the Conservators. 54. The Conservators shall cause proper minutes or records of all the Records of procet dings of the Conservators and of every committee of the Conservators proceedings, to be kept uutler their superintendence witli the names of the Conservators who attend each meeting and notes minutes or copies (as the case may I'equire) of all ;ippointments made or contracts entered into by or on behalf of the Conserv.itors and of the orders of all meetings of the Con- servators and of the committees of the Conservators and every such minute or record shall be signed by the chairman of that meeting or of the meeting next after that at which the proceeding took place and such minute or record so signed and any copy of siich signed minute or record certified as correct under the hand of the secretary shall be received as evidence in all courts and before all Judges Justices and others without proof of such meeting having been duly convened or held or of the persons attending such meeting having been or being Conservators or members of such committee respectively or of the signature of the chairman or of the fact of his having been chairman all of which last-mentioned matters shall be presumed until the contrary be proved and such minutes and records shall at all reasonable times be open to the inspection of any of the Conservators. 55. In case anv person comyilains of the operation of any byelaw of the Tublic in- Conservators or of any determination or proceeding of the Conservators or Q"iries into of the conduct of any of their officers or servants he shall on an application '^^^ *'° "* in writing to the Conservators stating the substance of his complaint be entitled to have his complaint publicly inquired into and decided on in manner following namely : — (1) On receipt of such application the Conservators shall depute one or more not exceeding three of their body to inquire into the com])laiut : (2) A suitable room shall be provided by the Conservators to which the complainant his agent and witnesses ;ind all other persons interested or desirous of attending shall have free access : (3) The Conservator or Conservatoi-s so deputed shall receive the state- ment t>f the complainant or his agent and the counter-statement of any person concerned or his agent and shall hear any ai-gu- ments ottered and any evidence adduced in support of such statement or counter-statement and he or they or one of them 990 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] Conservators to report annually to Parliament. Standing orders. shall write down the substance of such statement counter- statement arguments and evidence in a narrative form and he or they shall report the same and his or their opinion thereon for the information of the Conservators : (4) The Conservators shall consider the report and shall decide on the complaint and their decision shall be deUvered in public either on the same day or on a subsequent day appointed for the purpose. Notwithstanding anything in this section any person not requiring a public inquii-y but desirous of stating an}- complaint personally to the Conservators shall be at liberty to do so on attending at the office of the Conservators having made application for that purpose. Nothing in this section shall restrict the Conservators from holding any meeting if they think fit in a room to which the public may have access. 56. The Conservators shall in every year present to both Houses of Parliament a general report of their proceedings during the year ended on the then last thirty-first day of December. 57. Subject to the provisions of this Act the Conservators may from time to time make alter and revoke standing orders for the regulation of their proceedings and business and of the proceedings and business of committees of the Conservators. Estate of Conservators in Thames before passing- of this Act continued. Part III. Property Powers and Duties of the Conservators. General Provisions relating to Proj^erty Poicers and Duties. 58. Notwithstanding the repeal of any enactment or any alteration of the constitution of the Conservators by this Act effected all the estate right title and interest in and to the bed and soil and shores of the Thames and in and to all encroachments embankments and enclosures thereupon or therefrom and in and to all property real and personal which were immediately before the passing of this Act vested in the Conservators shall continue vested in them as if this Act had not been passed. Reservation 59. Notwithstanding anything in this Act the portion of the bed or soil of part of the or shores of the Thames or any encroachment embankment or enclosure bed and sou. therefrom or thereupon in front of or immediately adjacent to any lands buildings or hereditaments whereof or whereto Her Majesty or any person or body in trust for her was or were at the commencement of this Act seised or entitled in possession reversion or remainder or which then were the property of any department of Her Majesty's Government or in the possession of any such department or any ofiicers of the same shall not be vested in the Conservators but shall continue vested in or in trust for Her Majesty or in or in trust for such department or officers and be subject to the exercise therein of the same powers authorities rights and pi-ivileges as if this Act had not been passed. Certain 60. Notwithstanding any alteration of the constitution of the Con- powers^etc. of gervators by this Act effected all the powers and authorities rights and privileges with respect or relation to the conservancy and the preservation and regulation of the Thames and of the several rivers streams and water- courses within the flow and refiow of the tides of the Thames and upon the banks shores and wharfs of the Thames and the port of London which immediately before the passing of the Act of 1857 were vested in or might be exercised by or which had theretofore been exercised by Her Majesty in right of Her Crown or which at any time before the passing of the Act of 1857 were given or gi-anted to or had been exercised by or which imme- diately before the passing of that Act were vested in or might be exercised by the mayor and commonalty and citizens of the city of London or by the mayor and aldermen of the said city or by the Common Council or by the Conservators continued [57 & 58 Vict.] Thames Conservancy Act 1894. [Chap, clxxxvii.] 991 Lord Mayor of the said city Ijy any statutory enactment in force inime- diatily before the passing of this Act and not hereby repealed or l>y presci-iption usage or charter or otherwise ami which were iiumediately before the passing of tliis Act vested in the Conservators shall ccnitinue vested in the (Conservators as if this Act had not been jnissed to be Ijy them exercised in the same niannt r ami under and subject to the same restrictions as the same niight lm\e l)een respectively legally exercised by the Conservators if this Act had not been passed save only and excei)t so far as the same may be varied by or be inconsistent with this Act. 61. Notwithstanding the repeal of any enactment or :iiiy alteration of A.s to existing the constitution of the Conservators In' this Act effected — contracts etc. (l\ All deeds convevances grants assurances a-ssignnit-nts leases purchases actions etc. ^ ' , ,- ,, , ^ -i-i omcers etc, sales mortgages bonds covenants agreements securities and con- ^^^^^ other ti-acts entered into or made and subsisting at the passing of this matters. Act and then in force and all ol)lig;itions and liabilities incurred before the passing of this Act sliall be as binding and of as full force and effect in every respect against or in favour of and may be enforced as fully and eHectually against or in favour of the Conservators as they would or might have been against or in favour of the Conservators if this Act had not been passed : (2) Any action suit prosecution or other proceeding commenced before the passing of this Act either by or against the Conservators shall not abate or be discontinued or prejudicially affected by this Act but on the contrary shall continue and take effect both in favour of and against the Conservators in like manner to all intents as if this Act had not been passed : (3) Every officer and servant of the Conservators appointed liy \irtue of or acting under the Acts by this Act repealed or any of those Acts shall hold and enjoy his office and employment with the salary and emoluments thereunto annexed and be deemed an officer and servant of the Conservators until he vacate or be removed from such oliice and employment and he shall have the power and authority for the purposes of this Act and be subject to the power of removal rules regulations pains and penalties which he would have had if he had been appointed after the passing of this Act : (4) The Conservators shall for the purposes of this Act be and continue seised and possessed of and entitled to all things in action claims and demands whatsoever of or to which the Conservators imme- diately before the passing of this Act were seised possessed or entitled : (5) All duties of tonnage charges tolls fees rents fines forfeitures penal- ties damages and other sums of money at the pa.ssing of this Act due or accruing due to the Conservators may be collected and recovered by the Conservators as if this Act bad not been passed : (G) All books and documents which if this Act had not been passed would have been receivable in evidence shall be receivable in evidence as if this Act had not been passed : (7) Everything before the passing of this Act done suffered and confirmed respectively shall be as valid as if this Act had not been passed. 62. Subject to the provisions of this Avi and upon lands belonging General to the Conservators or upon the bed of the Tiiames the Con.servators powers as to may from time to time improve and complete the navigation of the ^"^'^ atfoj, Thames whether for profit or pleasure and may from time to time make erect maintain alter extend discontinue remake and re-erect all such towpaths banks roads bridges ferries and ways for the towing of vessels (with horses or otherwise) and all such locks pounds turnpikes wharfs weirs bucks sluices winches spikes dams flood-gates engines toll-houses and watch-houses for the completing and carrying on and for the use of 992 [Chap, clxxxvii.] T/ic/jnes Conservancy Act 1894:. [57 & 58 Vict.] Ferries above Teddington. Conservators may enter on lands to survey etc. Certain powers of leasing heads of -water. Conservators to maintain locks etc. Eight of public to use works of Conservators. Officers etc. of Conser- vators not to give prefer- ences nor to unnecessarily obstruct vessels. the navigation of the Thames whether for profit or pleasure as they think fit and supply all such locks and pounds with water and for the purposes of making erecting maintaining altering extending remaking and re- erecting any such locks or pounds in upon or from such lands or bed as aforesaid bore dig cut trench sough get remove take and carry away earth clay stone gravel sand soil rubbish trees and roots. 63. The Conservators may from time to time establish and maintain ferries across the Thames at such places above Teddington Lock as they think fit and may afterwards discontinue the same or any of them if they think fit Provided always that no ferry shall be established under this section within one mile of any legal ferry or bridge at or in respect of which any toll was on the first day of August one thousand eight hundred and seventy (being the date of commencement of the Act of 1870) taken nor shall the establishment of any ferry under this section give a right of way over any towing-path or other place where a right of way does not at present exist. 64. For the purposes of this Act the Conservators their officers agents servants and workmen may at all reasonable times enter on any lands (other than lands vested in or in trust for Her Majesty or in ti'ust for any depai'tment of Her Majesty's Government) in or near the Thames in order to survey and take levels thereof and to probe or bore for ascertaining the nature of the soil and to set out the line of any work by this Act authorised to be execvited by the Conservators and to inspect and examine into the condition of any work the Conservators first giving not less than three nor more than fourteen days' notice in writing to the occupier of such lands and causing as little inconvenience as may be in the exercise of the powers of this .section and making compensation for any damage thereby occasioned. 65. The Conservators may from time to time for such rents or other payments and periods and on and subject to such covenants conditions and restrictions as they think proper lease or grant licences under the hand of the chairman of the Conservators or the secretary to use for purposes for which water power is suitable heads of water from the Thames above Teddington Lock : Provided that the powers of this .section shall not be so exercised that any part of the Thames shall be thereby rendered less suitable for purposes of navigation whether for profit or pleasure or less suitable as a source of water supply to any person lawfully entitled to take water therefrom for purposes of supply or less suitable for the purpose of supplying water to any mill or other work whatsoever the owner or occupier whereof was at the passing of this Act and for the time being shall be lawfully entitled to such supply. 66. The Conservators shall from time to time maintain and repair all locks dams and weirs for the time being vested in them until removed by lawful authority and the Conservators shall have free access by land and Avater to every such lock dam or weir for all necessary purposes. 67. Subject to the provisions of this Act and to any byelaws of the Conservators for the time being in force all persons shall have free liberty with horses cattle or vehicles to vise any roads and ways except towpaths which shall for the time being belong to the Conservators and wdth vessels to use the locks for the time being belonging to the Conservators and the towpaths of the Thames for towing such vessels. 68. If any officer or servant of the Conservators .shall give undue preference to or unnecessarily retard or ob.struct any vessel passing into through by over or out of any lock or from any one part to any other part of the Thames or in embarking landing loading or unloading persons or goods at any pier wharf weighbeam crane or other machine of the Conservators he shall for every such offence be liable to a penalty not exceeding forty shillings. [57 & 58 Vict.] Thames Conservancy Act 1804. [Chap, clx.vxvii.] 993 69. Any water bailiff or officer appointed by the Con.ser\ator.s to carry Tower for into execution any byelaw.s of tlie Con.servators for the time being in force water bailiffs relating to fisheries anil also any other person specially authorised in this ^,f ^^[g/g*^!^. behalf uiidor tlie hand of the chairman of the Conservators or the seci-e- j^^^Q^^g g^^ tary may entt-r into any vessel employed or about to be or having Ijeen employed on the Thames in taking or endeavouring to take tish and may therein search for fish unlawfvdly taken and any unlawful or prohiljited net or apparatus for taking or destroying fish and may seize any such fish net or apparatus found therein and may also seize on the shores or banks ■of the Thames any fish unlawfully taken or any unlawful <>r prohibited net or aj)paratus for taking or destroying fish. Any such water bailifi" officer or person shall with all practicable speed after so seizing any fish or net or apparatus bring the same before a Justice to be dealt with in pursuance of the byelaws of the Conservators for the time being in force or otherwise according to law. 70. The Conservators may purchase provide and maintain all such Humane apparatus as they think necessary for assisting in rescuing persons from apparatus drowning searching for drowned per.sons and restoring animation to and assistants persons apparently drowned and may employ and reward assistants therein pj-oVided in such manner as the Conservators think fit. 71. If any person wilfully does any of the following things namely : — Penalties for (1) Cuts or injures or causes to be cut or injured any property of the i°3""^s t<^, ^ ' n ^ . .^ 1 r J property of ,,, ^ Conservators; . . Coi!ser4tors (2) Does anything whereby injury is caused to any property of the gj^. Conservators ; (3) Opens or causes to be opened any lock gate paddle valve clough or sluice belonging to any lock or weir on the Thames ; {4) Flushes or draws down or causes to be flushed or drawn down water from any lock or lock cut on the Thames ; (5) Cuts breaks or injures or causes to be cut broken or injured any tree hedge fence embankment briilge post rail or other work upon any lands belonging to the Conservators or used for any of the purposes of this Act ; (6) Injures any towpath of the Thames ; he shall for every such offence be liable to a penalty not exceeding twenty pounds. Rights of Navigation and Removal of Obstructions and Dangerous Erections. 72. — (1) Subject to the provisions of this Act it shall be lawful for all Public right persons whether for pleasure or profit to go and be pass and repass in ^^ navigation, vessels over or upon any and every part of the Thames through which Thames water flows including all such backwaters creeks side-channels bays and inlets connected therewith as form p;irts of the said river. (2) Provided that all private artificial cuts for purposes of drainage or irrigation and all artificial inlets for moats boathouses ponds or other like ])rivate purposes already made or hereafter to be made and all channels which by virtue of any conveyance from or agreement with the Con- servators or the Commissioners acting under any of the Acts mentioned in Part II. of the First Schedule to this Act or by any lawful title had been enjoyed as private channels for the period of twenty years before the fourteenth day of August one thousand eight hundred and eighty-five (being the date of commencement of the Act of 1885) shall be deemed not to be parts of the Thames for the purposes of any provisions of this Act relating to rights of navigation and removal of obstructions and dangerous erections. (3) Provided also that notwithstanding anything in this section the Conservators may from time to time exclude the pulJic for a limited period from specified portions of the Thames for purposes connected with the 64 994 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.}' navigation or with any public work or uses or for the preservation of public order. (4) The right of navigation in this section described shall be deemed to- include a right to anchor moor or remain stationaiy for a reasonable time in the ordinary course of pleasure navigation subject to such restrictions as the Conservators may from time to time bv byelaws determine and the Conservators shall make special regulations for the prevention of annoyance to any occupier of a riparian residence by reason of the loitering or delay of any house-boat or steam launch and for the pre- vention of the pollution of the Thames by the sewage of any house-boat or steam launch. (5) Provided that nothing in this section or in any byelaw made there- under shall be construed to deprive any riparian owner of any legal rights in the soil or bed of the Thames which he may now possess or of any legal remedies which he may now possess for prevention of anchoring mooring loitering or delay of any vessel or to give any riparian owner any right as against the public which he did not possess before the passing of this Act to exclude any person from entering upon or navigating any backwater creek channel bay inlet or other water. (6) If any person obstructs the navigation in this section described by means of any weir bridge piles dam chain barrier or other impediment then unless the same or substantially the same had been maintained for the period of twenty years before the fourteenth day of August one- thousand eight hundred and eighty-tive (being the date of commencement of the Act of 1885) and if the Conservators by notice in writing require him to remove the same within a time to be specified in such notice such person shall comply with such notice and if he do not do so he shall be liable to a penalty not exceeding five pounds and to a daily penalty not exceeding two pounds. 73. [^Persons not to moor iti Taplow Jlill Stream.^ 74. [Xo tolls to be demanded for 2)rivate locks.^ As to drawing 75. — -(1) Subject to the provisions of this Act the Conservatoi'S from down etc. of time to time may for the purpose of detei'mining the height or depth of water. water at any place in the Thames fix in oi- at Teddington Lock and any lock on the Thames above that lock head-water and low-water and such other marks as they may deem necessary and may regulate as they think fit the opening shutting and management of the locks and works on the Thames and the drawing dowji or keejjing back of the water by means of any of those locks or works. (2) Provided that— (a) The Conservators shall so regulate the said locks works and water as not to interfere in the case of any mill with the maintenance of as eflicient a head of water for the purposes thereof as immediately before the sixth day of August one thousand eight hundred and sixty-six (being the date of commencement of the Act of 1866) might lawfully be maintained for those purposes so long as all the rights of the owner lessee and occupier of such mill to require the maintenance of such head of water shall not have been acquired by the Conservators ; (b) One month at the least before they fix any head-water mark at any place where no such mark existed on the ninth day of May one thousand eight hundred and ninety-four or alter the level of any such mark which existed on that day the Conservators shall publish once in a newspaper published and circulating in the neighbourhood of the place where they propose to fix or alter such mark and shall set up and thereafter during one month at the least keep conspicuously displayed at such place a notice setting foi^th at what place it is proposed to fix or alter such mark and the level at which it is proposed that such mark .shall be ; [57 & 58 Vict.] Thames ConservaJic;/ Act 1804. [Chap, clxxxvii.] 995 (c) The powers of this section shull not be so exercised as to interfere with or prejudice the taking of water by any of the metropolitan water companies * at their respective intakes by gravitation or otlierwise. (.J) Tlie Conservators shall as far as reasonably practicable prevent the waters of the Thames being at any place above the level of any head-water niiirk for the time being fixed at such place. (4) In case of any diiU-rence between the C'onservatois any them as a debt with full costs of suit in any court of competent jurisdiction from the owner or occupier of the premises so removed or shorteneove the said City Stone: (3) Dredge and raise from the Thames below Teddington Lock ballast for the purpose of supplying the same to vessels in the Thames : (4) Carry away deposit sell or otherwise dispose of any gi-avel sand ballast and other substances raised by them under the powers conferred by this section and not reijuired for the purpose for which the same was so raised : * See 5 Edw. 7, c. cxcviii. ss. 3 and 14. 998 [Chap. clxxxvii.J Thames Coyiservancy Act 1894. [57 & 58 Vict.] Power to shorten bends. Banks may be cut. Power to deal with materials fill up creeks etc, Prohibition against dredging without licence of Conservators (5) Undertake if they think fit the supplying of vessels in the Thames with ballast on such terms as they may from time to time think fit : (G) Undertake if they think fit to place ballast on board vessels in the Thames or to unload ballast therefrom on such terms as they from time to time think tit. * 84. The Conservators for the purpose of improving the navigation or the flow of water may from time to time remove scour and take away any shoal mud bank or other accumulation in the Thames and also shoi^ten any bend or remove any angle in the course of the Thames and for such purpose enter into agreements with the owners of land adjoining or in or near to the Thames for the purchase of land or otherwise to enable them to effect the same. * 85. The Conservators may cut the banks of the Thames for the purpose of making enlarging or repairing any dock or canal or any drain sewer or watercourse or altering laying down or repairing any suction or other pipe or for any other purpose whatsoever or permit and suft'er any person to cut the banks for any of the purposes aforesaid under such restrictions and upon such terms and conditions as the Conservators shall think proper to impose. * 86. The Conservators in connexion with the deposit by them of gravel sand and other substances raised or taken from the Thames below Ted- dington Lock by dredging or straightening thereof or in connexion with forming or repairing towing-paths or roads or with straightening and improving the course of parts of the Thames by filling up and raising creeks inlets bends flats and sloblands in and adjoining to the Thames by the use of gravel sand and other substances raised or taken from the Thames as aforesaid may in or upon lands belonging to the Conservators or in or upon the bed of the Thames place piles and make groynes retaining walls and other works and may sell and dispose of lands thei"eby filled up raised or reclaimed : Provided that no such sale or disposition of any land between Ted- dington Lock and Yantlet Creek shall take place for a less sum than shall be certified to be the value of the land intended to be sold every such valuation being signed by the person for the time being appointed and approved in manner provided by the section of this Act whereof the marginal note is " Consideration for licence to be previously approved " and a copy of every such valuation shall be transmitted by the Con- servators to the Commissioners of Woods as provided by that section and a statement of every such sale and disposition of any land between Ted- dington Lock and Yantlet Creek shall be included in the return to be from time to time transmitted in manner ^^rovided by the section of this Act whereof the marginal note is "Annual return of certain moneys received by Conservators to be sent to and certain annual payments to be made to Commissionei's of Woods " and one equal third part of the consideration money for every such sale or disposition shall be from time to time paid over by the Conservators unto the Commissioners of Woods in manner provided by that section : Provided also that this section shall not apply to any part of the Thames in front of or adjoining to any land for the time being belonging to the Crown. [.See s. 239.] 87. Any person with and in accordance with the licence of the Con- servators under the hand of the chairman of the Conservators or the secre- taiy may dredge and raise gravel sand ballast and other substances from the bed of the Thames other than that portion thereof mentioned in the section of this Act whereof the marginal note is " Reservation of part of the bed and soil " but subject to the provisions of this Act it shall not be lawful for any j)erson other than the Conservators their agents servants * See 5 Edw. 7, c. cxcviii. ss. 3 and 14. [57 & 58 Vict.] Thames Consermnc;/ Act W.)A. [Chap, clxxxvii.] 999 jind workmen to dredge or raise any gravel sand ballast or other substance from the bed of the Tliam«^s other than that portion thereof mentioned in the said section except with and in accordance with such licence (proof of which licence sliall lie on the person accused) and if any person acts in contravention of this enactment he shall for every such ofience be liable to a penalty not exceeding twenty pounds without prejudice to any other remedy or proceeding against him Provided that nothing in this section shall take away prejudice or allect the rights if any of droe the bed or channel of the Thames within twenty yards of any liridge over ^iven before the Thames or of any pier or abutment of any such bridge (jr within cgrtj^n^^MCs. twenty yards of the structure of any tunnel under the Thames the Con- servators shall give to the owner of such Inidge or tunnel as the Ciuse may be fourteen clear days' notice in writing of their intention so to do and stating the position depth and extent of the intended dredging cleansing scouring or deepening. 89. Notwithstanding anything in this Act the Conservators shall not For the without the previous consent of the West London Extension Railway protection of Company in writing dredge cleanse scour or deepen any part of the bed or lJj^.iojj channelof the Thames under or within twenty yards of the bridge which Extension carries the said company's railway over the Thames and which is Railway referred to in section Gt» of the West London Extension Eailway Act Company. 1859 to an extent exceeding thirty feet below the level of Trinity High Water Mark. Pollution. 90. In the provisions of this Act relating to pollution the word Interpreta- " tributary " means and includes the whole and every part of any and ^^?^ ^^ PJ°' every river stream watercourse cut dock canal channel and water being ^j^j^ ^^^ within all or any of the several counties of Gloucester Wilts Oxon Bucks relating to Berks Hants Surrey Middlesex Herts Essex and Kent and administrative pollution, county of London and being within the catcliment area of the Thames and communicating either directly or indirectly with the Thames except as follows : — (1) So much as is more than three miles from the Thames of every river stream watercourse cut dock canal channel and water which first communicates whether directly or indirectly with the Thames at a point eastward of the western boundary of the county of London ; <2) So much "of the Biver Lee as is above the south boundary stones in the Lee Conservancy Act 1868 mentioned ; <3) Every river stream watercourse cut dock canal channel and water which is within the catchment area of .so much of the Biver Lee • as is above the said stones ; and {4) Every cut dock and canal belonging to any of the dock companies established under the authority of Parliament at the port of London or to any other company established under such authority and owning any dock within that port. 91. It shall be the duty of the Conservators by all lawful and proi)er Duty of means to preserve and maintain at all times as far as may be the tlow and Conservators purity of the water of the Thames and its tributaries down to the [j^P'"^^^,"^ western boundary of the county of London and to cause the surface of purify of the Thames and its tributaries within three miles of the Thames to be water. (as far as is reasonably practicalde) etVectually .scavenged down to the said •western boundary in order to the removal therefrom of substaiices liable to putrefaction. 1000 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] Prohibition of throwing ballast etc. into river or allowing offensive matter to flow into it. Sewage etc. prohibited from being sent into Thames etc. where not lawfully so .sent at pass- ing of Act. Notice for fli.scontinu- ance of IX)llution. 92. If any per.son without lawful excu.se (the proof whereof .shall lie tipon him) does any of the following things namely: — (1) Unloads throws or puts or causes or suffers to fall any gravel or any substance which has been used as balla.st or any stones earth mud ashes dirt soil or rubbish or any refuse from gas- works or other manufactories into the Thames or on the shore thereof ; (2) Unloads throws or puts or causes or suffers to fall any such gravel or other thing as aforesaid into any tributary at any point within three miles of the Thames .so that the same will or may be carried into the Thames ; (3) Knowingly puts any such gravel or other thing as aforesaid in any place where the same is likely to be carried by floods or extra- ordinary tides into the Thames ; (4) Wilfully causes or suffers any washing or other sub.stance pro- duced in making or supplying gas or any other offensive matter whether solid or fluid to flow or pass into the Thames or inta any tributary ; (5) Puts and allows to remain for more than forty-eight hours any heap or collection of manure a.shes or other offensive matter whether solid or fluid upon any bank of the Thames or of any tributary at any point within three miles of tlie Thames or puts and allows to remain for more than forty-eight hom*s any such heap or collection near to the Thames or any tributary at any point within the distance aforesaid so that the same will or be likely to drain be blown or pass into the Thames or suck tributary ; he shall for every such offence be liable to a penalty not exceeding twenty pounds and to a daily penalty not exceeding ten pounds. Where any offence against this enactment is committed from or out of a vessel the ma.ster and the owner of the vessel shall be liable to be pro- ceeded against and punished under this enactment so that the master and the owner of the vessel be not both punished in respect of the same offence. Any constable and any person whom a constable may call to his- assistance may take into custody without warrant any person found committing any offence against sub-sections (1) (2) (3) or (4) of this enactment as to whose name and address such constable is not reasonably satisfied. Provided always that sub-section (4) of this section shall not extend or apply to any ve.ssel within the limits of the port of London and under the jurisdiction of the port sanitary authority thereof. 93. If any person does any of the following things namely : — (1) Opens into the Thames or into any tributary any sewer drain pipe or channel whei'eby sewage or any other offen.sive or injurious- matter whether solid or fluid shall or is likely to flow or pass into the Thames or into such triV)utaiy ; (2) Wilfully causes or without lawful excuse (the proof whereof shall lie upon him) suffers any sewage or matter aforesaid to flow or pass into the Thames or into any tributary down or thi-ough any sewer di-ain pipe or channel not at the passing of this Act lawfully used for that purpose ; he shall for every such offence be liable to a penalty not exceeding one hundred pounds and to a daily penalty not exceeding fifty pounds. 94. — (1) Whenever any sewage or matter aforesaid is caused or .suffered to flow oi- pass into the Thames or into any tributary then and in every such case even though such sewage or matter aforesaid had been lawfully so cau.sed or suffered to flow or pass before the passing of this Act the Conservators shall give notice in writing to the person causing or suffering the same so to flow or pass requiring him within a time to be [57 & 58 Vict.] Thames Conservanci/ Act 1804. [Chap, clxxxvii.] 1001 specified in such notice but not l>eing less tlian thre<' months to (liscontinue such flow or passa or carry on any proceeding or prosecution under the provisions of ^.^^^^^ q,jK. this Act relating to 2)ollution. [See the Hii'ers Polli'tion Prevention Act 187^. .s. 8.] 104. Nothing in the i)rovi.sions of this Act relating to pollution shall be Act not to deemed to legalise or permit any nui.sance or shall take away or prejudi- leg;ah'^f cially affect any remedy or right which any jierson would or might have "^'.^"0^^^°'^ had or exercised if this Act had not l)een passi-d as against any person for remedies, the time being causing or suffering the flow or passage of any sewage or matter as aforesaid. 1004 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] Provision as to West Ham Corporation. For protec- tion of culti- vation of ■watercress. For protec- tion of Med- waT Con- servators, For pro- tection of Victoria Steamboat Association. 105. With rtspect to the sewerage works of the mayor aldermen and burgesses of the borough of West Ham (in this section referred to as "the corporation") nothing in this part of this Act shall prejudice or affect the right of the corporation to continue the flow or passage of sewage through the lower of their two present outfalls situate near the West Marsh sluice in the River Lee if and so long as they shall make provision by propei- depositing tanks and filter beds or otherwise by the best known practicable process for the purification clarifying and dis- infecting sewage in the works belonging to them or under their control and if and so long as the eflluent water is clarified and disinfected .so as not to l)e offensive or injurious in the judgment of the Conservatoi-s- or in case of difference in the judgment of an arbitrator appointed by the Board of Trade on the application of either party the corpoi-ation may dis- charge such effluent through such lower outfall. 106. Nothing in the pi-ovisions of this Act relating to pollution shall prevent the owners le.ssees or occupiei's of watei'cress beds using any streams channels springs of water or woi-ks in connexion therewith for the pi-oper cultivation of watercress by any of the best known methods or from opening any such drains pipes or channels as may be required for the purpose of passing water through any such beds into any tributary. 107. Nothing in the provisions of this Act relating to pollution shall extend to the River Medway or in any way affect the rights and powers of the Consei'vators of the said Eiver Medway. 108. The pi'O visions of sub-section (4) of the section of this Act whereof the marginal note is " Prohibition of throwing ballast etc. into river or allowing offensive matter to flow into it " and the provisions of the section of this Act v/hereof the marginal note is " For preventing pollution power to board and inspect vessels in Thames above Teddington Lock " shall not apply to the vessels of the Victoria Steamboat Association Limited* or their successors certified by the Board of Trade as passenger steamei's to caiTy three hundred or more passengei's whilst such ves.sels are bona fide engaged in the business of the said association or their successors below Molesey Lock. Conservators may license docks piers Licences and Permissions for WorJcs. 109. The Conservators may from time to time foi- a fair and reasonable consideration (such considei'ation to be either a sum in gross or an annual embankments ^^^^ ^^ partly a sum in gross and partly an annual rent and so far as a etc. sum in gross to be paid at the time of granting the licence) and upon such terms and subject to such restrictions as they think proper grant to any owner or occupier of any land adjoining the Thames a licence under the hand of the chairman of the Conservators or the secretary for all or any of the following purposes namely : — (1) For the making of any dock basin pier jetty wharf bank quay or embankment wall or other work immediately in front of his land and into the body of the said river : (2) For the formation of such i-ecesses docks or beds for boats and barges and dwarf wharfing and for the driving of such piles and for such stone pitching and other works as the Conservators deem necessary or proper for the convenient use pi-otection and im- provement of his land and the placing and mooring of vessels in such line and at such levels as appear to the Conservators necessary or proper for the trade and convenient enjoyment of his land without injurious interference witli the navigation of the Thames or its future im})rovement : (3) For the erection at the places where the piers or landing-places by this Act authorised to be erected are to be erected of piers * This company went into liquidation in ISDrt, and in 1897 the Thames Steamboat Company was formed, which took over the boats of the first mentioned company. [57 & 58 Vict.] Thames Conservancu Act W.H. [Chap, clxxxvii.] 1005 or landing-places in .such positions and of sucL t'oiui and t-on- struction as the Conservators shall consider mcst aeing obliged to erect or j)rovide any other piers or landing-places in lieu of any so shut up or removed. 120- The Conservators may from time to time if they tliink fit let on Conservators lease to any person who may be willing to take the .same for such time '"^.^ ^^^ PJ^rs not exceeding three yeais and at such rent as may be mutually agreed '^?'^ landing- upon any such }iier or landing-place or the right to receive such tolls as the Conservators shall have previously appointed to be taken at any such pier or landing-place and every .such lessee shall have the .same rights powei's and authorities for taking receiving and recovering such tolls as are by this Act given to the Conservators or to any of their otiicers. 121. Before the Conservators erect or grant any licence for the erection Notice to be of any pier or landing-place they shall give one month's notice of their gf^en pre- intention so to do by advertisement in two daily morning new.ipapers ^^'^" .-^ '■^ ^'^® published and circulating in London and also cause one month's notice of liceniing of such intention to be served u])on the person in charge of any pier or any pier, landing-place e.stablished in the Thames by Act of Parliament and upon the person in charge of any pier or landing-place existing in the Thames on the first day of July one thousand eight hundred and fifty-seven which shall be within three hundred feet of the pier or landing-place proposed to be erected Provided always that nothing herein contained or anything done in pursuance of the directions herein contained shall be deemed or con- strued to give to any person owning or ha\-ing charge of any pier existing in the Thames previously to the said first day of Jidy any rights power or authority beyond those possessed by liim or his predecessors in title before the seventeenth day of August one thousand eight hundred and tifty-.seven being the date of commencement of the Act of 1857. 122. The Consei-vators may provide proper approaches and avenues Piers to be to such piers or landing-places and cause such piers landing-places avenues H^Pt i" repair and approaches to be kept in good repair and well and sutlicientlv liirhted ^\o^^^<^^ ^^^ watched and cleansed. ^ ^ ^ ^ ^ cleansed. 123. Officers and servants of the Conservators appointed by them to Preservation perform duties at the piers or landing-places of the Conservators may ^^ order etc. preserve order on or at such piers or landing-places and the avenues and '^*' P'®"^^ ^'^^• approaches thereto and prevent the intrusion thereon of persons who have no intention of embarking on board any ves.-;el from such piers or landini^-- places and may remove persons unneces.sarily lingering or loitering on or about such piers or landing-places and may as.sist vessels in making fast to such piers or landing-places. 124. Whenever the Conservators shall shut up i-emove or take away Free public or in any manner obstruct the free use and enjoyment of an}' existing- stairs or public stairs or landing-places now marked by the Watermen's Company ^''*°^^^"^'- they shall cause some equally convenient free public stairs or landing- y'^v^l ? place to be erected or provided and thereafter maintained in the place hriieu^of or stead of the stairs or landing-place so shut up removed or taken away those taken or the free use and enjoyment of which may be in any manner obstructed, '"^^"'"^y ^y ^^e Conservators. 1008 [Chap, clxxxvii.] Thames Con&ervancy Act 1894. [57 & 58 Vict.] Conservators 125. The Conservators may from time to time erect and maintain such may take toll toll houses or other conveniences on or near each pier or landing-place from steam- erected by them as they think fit and tolls not exceeding those for the boats usmg ^\^^q being authorised by this Act or any byelaw made by the Conservators to be demanded and received at such pier or landing-place may be demanded and received at such pier or landing-place by such persons as the Con- servators from time to time appoint befoi-e any steam or other passage vessel be permitted to make fast to or to moor or touch at such pier or landing-place for the purpose of landing or embarking passengers or goods. Ilarhov/r -masters etc. 126. No person shall be appointed by the Conservators to be a harbour- master unless such person shall aftei' Ijeing duly examined by the Trinity House produce a certificate from them of his proper qualification to be a harbour-master. 127. The Conservators may from time to time by i-esolution under the common seal authorise any one or more of their officers to assist the harbour-masters in the execution of their duties or may authorise any such officer to exei'cise alone all or any of the powers in the enactments herein-after in the provisions of this Act relating to harbour-masters etc. mentioned and those enactments shall be read as if the expression " harbour-master " wherever therein appearing included any officer so authorised. 128. Any harbour-master may give directions for all or any of the following purposes namely : — For regulating the time and manner in which any vessel shall enter into go out of or lie in the Thames and the position mooring or unmooring placing or removing any vessel within the Thames ; Foi- regulating the manner in which any vessel within the Thames shall take in or discharge its cargo or any part thereof or shall take in or deliver ballast ; For regulating the time and manner in which any vessel shall lie at any public draw dock or landing-place in the Thames and the or unmooring placing or removing any vessel Harbour- masters to be approved by TrinityHouse. Assistance of harbour- masters in their duties. Powers of harbour- masters. mooring position lying thereat ; For regulating: the Penalty on not comply- ing with directions of harbour- master. Power of harbour- masters to remove vessels. manner in which any vessel lying at any public draw dock or landing-place in the Thames shall take in or dis- charge its cargo or any pai-t thereof or shall take in or deliver ballast : Provided always that it shall not be lawful for such harbour-master to direct that any vessel shall lie or be within any part of the Thames where by any Act of Parliament it shall or may be directed that no vessel shall lie or be nor to unmoor or remove from any j^art of the Thames duly appointed as a boarding landing or quarantine station any vessel moored or placed there under the authority of the Commissioners of Customs nor to moor or place any vessel within low- water mark of or alongside any quay custom house station or other place appropriated to the service of the customs. 129. The master of every vessel within the Thames or lying at any public draw dock or landing-place within those limits shall regulate such vessel according to the directions of any harbour-master made in con- formity with this Act and any master of any vessel who after notice in writing signed by such harboui'-master of any such direction served upon him shall not forthwith regulate such vessel accoixling to such direction shall be liable to a penalty not exceeding five pounds. 130. If the master of any vessel within the Thames or lying at any public draw dock or landing-place within those limits shall not moor unmoor place or remove such vessel according to the directions in writing of any harbour-master given to such master such harbour-master may cause [57 & 58 ViCT.J Thames Conservancy Act 1894. [Chap, clxxxvii.] 1009 such vessel to bo moored nnmoored jtlace'] or removed according to the directions aforesaid and employ a sufficient number of jiersons for that purpose and the expenses thei-eby incurred shall be [taid by such master and shall to<.'etlier with the costs of ascertaining and recovoiing the same be ascertained ami recovered from such master in the same manner as any damages for the ascertaining and recovering of whidi no special provisi(jn is contained in this Act are directed to be ascertained and recovered. 131. If any master of any vessel within the Thames or lying at any Penalty on j)ulilic draw dock or landing-place or any other person shall hinder any luaster for harbour-master or any person em). loved by him in mooring unmooring ^^^|^^^"^^*_'"& placing or removing such vessel in manner aforesaid such master or other jjjagter. person shall for every such offence be liable to a penalty not exceeding five j)Ounds. 132. If the master of any vessel moored or fastened within the Thames Harbour- or any other person on board such vessel shall not upon demand of any ^^^}^^ ™^^ harbour-master unloose or slacken the rope or chain by which such vessel "j.^.pgg is moored or fastened or if there be no person on board such vessel such harbour-master may unloose or slacken the rope or chain by which such vessel is moored or fastened and cause if necessary a suthcient number of persons for the protection of such vessel to be put on board the same and all expenses thereby incurred shall be paid by the master of such vessel and shall together with the costs of ascertaining and recovering the same be ascertained and recovered from such master in the same manner as any damages for the ascertaining and rt covering of which no special provision is contained in this Act are directed to be ascertained and recovered. 133. Any officer of the Conservators on jjroducing if required so to do Tower to a certificate of his personal authority signed by the secretary may from fJit^r a'ld time to time and at any time for any purpose of this Act enter into or ^^!^ggg]g upon any vessel wdthin the Thames below Teddington Lock and inspect and examine such vessel and every part thereof. 134. Every officer of the Conservators thereunto authorised by them Power to shall be entitled to prefer any complaint against any person licensed by ^T^^^f^'^^^' the Watermen's Company before the court of master wardens and assistants \vatennen's of that comi)any as well as before a Justice in the same manner as if he Company, were an inspector appointed by the Watermen's Company. Beacons and Lights. 135. It shall be lawful for the Conservators from time to time to place Conservators' and maintain such beacons as shall be necessary and convenient for the Powers as to navigation of the Thames and such power shall be vested in the Con- servators exclusively anything in Part VI. of the Merchant .Shipping Act 1854: or in any other Act or in any charter or grant notwithstanding and the Conservators shall have the same authority over and be subject to the same obligations with respect to beacons before the thirty-tirst day of December one thousand eight bundled and sixty-four placed by the Trinity House within the jurisdiction of the Conservators as the Trinity House before that date had over or were subject to in respect of such beacons. 136. The Conservators shall not place any lighthouse below London Lighthouses. Bridge. 137. The Conservators may by notice in writing require any person Conservators placing or using on or near the Thames below Teddington Lock any light may require whichis in the opinion of the Conservators calculated to mislead persons l'f!''*^"V'^^' navigating on the Thames below Teddington Lock or to interfere with the „*ji""latTon to safe navigation of vessels ujion the Thames below Teddington Lock from be removed, and after the receipt of such notice to screen alter extinguish remove or discontinue such light and if any person for the space of three days after 6.-) 1010 [Chap, clxxxvii.] Thames Conservancy Act 1894. [.57 & 58 Vict.] the receipt of such notice refuse or fail to screen alter extinguish remove or dLiContinue any light so placed or used by him or if any person at any time after screening altering extinguishing removing or discontinuing any light with respect to which he shall have received any such notice replace or again use such light or place or use any other light in lieu thereof so that the same in the opinion of the Conservators is calculated to mislead persons navigating on the Thames below Teddington Lock or to interfere with the safe navigation of vessels upon the Thames below Teddington Lock such person shall be liable to a penalty not exceeding ten pounds and to a daily penalty not exceeding the like amount. Eegistration of steam launches. Eegistration of house- boats. Pleasure Boats. 138. — (1) The Conservators on payment to them for the registration of any steam launch of the sum of one j^ound and deliveiy to them of a certificate in accordance with any byelaws of the Conservators for the time being in force of the name size and dimensions (including length from stem to stern) of such launch and of the name and address of the owner thereof shall assign to such launch a number and shall register such launch in a book to be kept by them for that purpose at their office together with the several particulars set forth in such certificate and the number assigned to such launch and shall grant to the ownei' of such launch a certificate of such registi'ation bearing the number assigned to such launch and such certificate shall be in force for a period not exceeding one year from the date thereof and (unless renewed) no longer but the Conservators shall from time to time grant a renewal of such certificate from the first day of January in every year for the like period on payment of tlie sum of one pound in respect of every renewal and every such certificate and any renewal thereof is in this Act referred to as a " steam launch certificate." (2) The Conservators shall not register two or more steam launches in the same name and in case of any dispute as to which launch shall bear tlie name tlie launch which has longest borne the name shall be the launch to be registered in such name and registration of the other launch shall be deferred until the owner thereof shall have furnished a name for it which can be properly registered. 139. — (1) The Conservators on payment to them for the registration of any house-boat of the sum appointed by any byelaws of the Conservatoi's for the time being in force and delivering to them on a form prescribed by such byelaws of sucli particulars concerning sucli boat (including the name and address of the owner thereof) as such byelaws require shall assign to such boat a number and shall i-egister such boat in a book to be kept by them for that purpose at their office together with the several particulars aforesaid and the number assigned to such boat and shall grant to the owner of such boat a certificate of such registration bearing the number assigned to such boat and such cei-tificate shall be in force for the period prescribed by such byelaws and (unless renewed) no longer but the Conservators shall from time to time grant a renewal of such certificate for the period and on payment of the sum in respect of every renewal respectively for the time being prescribed and appointed by such byelaws and every such certificate and any renewal thereof is in this Act referred to as a " house-boat certificate." (2) Provided that the sum to be paid for any registration of any house- boat or for any renewal of any " house- boat certificate " shall not exceed the sum following namely : — In the case of a boat not more than thirty feet in length five pounds ; In the case of a boat more than thirty but not more than thirty-five feet in length six pounds ; and so on increasing by one pound in respect of eveiy additional complete five feet and the fraction of an additional incomplete five feet jn length. [57 & 58 Vict.] Tha?nes Conse7'va?icy Act IH04. [Chai-. clxxxvii.] lull (3) Provided also tliat the period for which any hou>e-boat certificate shall be in force shall not be less than one year. 140. — (1) The Conservators on payment to them for the registration Registration of any pleasure boat (other than a steam launch or house-]x)at) of the ^'^ pltasure sum appointed by any byelavvs of tlie Conservators for the time being in fi,. .."^teara force and delivering to them on a form prescriljed by such byelaws of such laundies and particulars concerning such vessel (including the name and address of the house-boats, owner thereof) as such Inelaws i-(i[uire shall assign to such vessel if not let and not inteiidoil to lie let for hire a numljer crest badge or mark and if let or intended to be let for hire a number and shall register such vessel in a book to be kept by them for that purpose at their othce together with the several particulars afoi-esaid and the numl^er crest badge or mark assigned to such vessel and shall grant to the owner of such vessel a certificate of such registration bearing the number crest badge or mark assigned to such vessel and such certificate shall be in force for the period prescribed by such byelaws and (unless renewed) no longer but the Con- servators shall from time to time grant a renewal of such certificate for the period and on payment of the sum in respect of every renewal respectively for the time being prescribed and a})pointed by such l>yelaws and every such certificate and any renewal thereof is in this Act referred to as a " boat certificate." (2) Provided that the sum to be paid for any registration of any pleasure boat (other than a steam launch or house- boat) or for any renewal of any boat certificate shall not exceed two shillings and six pence. (3) Provided also that the period for which any boat certificate shall be in force shall be not less than three years. 141. The Conservators from time to time may if they think fit bypowerto byelaws classify house-boats and other pleasure boats (not being steam classify launches) whether for purposes of registration under this Act or for the ^'t'sscls and purposes of the application of byelaws of the Conservators for the time ciassefh-om being in force and may if they think fit exempt any class or classes so registration, formed from having to be registered under this Act by byelaws specifying the reason for every such exemption. 142. The Conservators shall in registering pleasure boats place in Registers to separate lists those let or which may be let for hire and those not so i^["for'hirr** let nor intended so to be. ^■"T '^'•■* not so let. 143. Upon every transfer of the ownership of a pleasui^e boat in Registration respect of which a steam launch certificate a house-boat certificate or a of transfers, boat certificate as the case may be is in force the transferor shall and the transferee may forthwith give notice of such transfer to the Conservators who shall in either case thereupon without charge grant to such trans- feree a fresh steam launch certificate boat-house certificate or boat certificate as the case may be in respect of such pleasure boat for the period for which the existing certificate is unexpired and shall cause his name and address to be inserted in the register in the place of those of the transferor and until such notice shall have been given the transferor shall for all the purposes of this Act and of any byelaws of the Con- servators for the time being in force be deemed to be the owner of such pleasure l)oat. 144. Where any jilcasure boat registered under this part of tliis Act Registering as belonging to any particular class of pleasure boats shall by reason of •?.to. on altera- any alteration of such vessel cease to belong to that class the certificate ^"^" ''^ '^''''*^- of registration of such vessel in that class and every renewal of such certificate shall cease to be in force and for the purpases of the provisions of this part of this Act as to registration of pleasure boats and granting of certificates of registration and to renewals of such certificates and to sums payable to the Conservators on any such occasions the registering of any pleasure boat in any class other than that in which such vessel was 1012 [Chap, clxxxvii.] Thames Conservancy Act \%^^. [57 & 58 Vict.] Registers to be opea to inspection. Name of steam laimcli to be con- spicuously displayed. Honse-boats and other pleasure boats to be conspicuously marked. Steam launches to carry certain lights. Penalty for concealing name or number of steam launch. Vessels not to be used without certificates. last previously registered shall be deemed an original registering of such vessel. 146. Every person shall be entitled during office hours to inspect the several registers of pleasure boats by this Act required to be kept on payment of one shilling for every inspection of every such register. 146. — (1) Every steam launch registered under this Act shall have the registeied name of siich launch conspicuously and to the satisfaction of the Conservators or their officers painted in letters of such colour character and size as and upon a ground of such coloui- as the Conservators may prescribe upon each side of the bow and also upon the stern of such launch and if any steam launch registered under this Act is used for the purpose of navigating the Thames above Kew Bridge without the registered name of such launch being painted thereon as by this section required the owner of such launch shall for every such offence be liable to a penalty not exceeding five pounds. (2) Every house-boat and other pleasure boat (not being a steam launch) registered under this Act shall have the registered number crest badge or mark thereof displayed thereon in such manner size and place as the Conservators from time to time prescribe by byelaws for the time being in force. 147. Every steam launch registered under this Act shall when in course of navigation under mechanical power after sunset and before sunrise on any part of the Thames carry and exhibit the following lights- namely : — (1) On or before the foremast or if there be no foremast on the funnel or on a staff at the bow in either case at a height above the hull of not less than four feet a bright white light behind a glass shade or slide upon which the registered number of such launch shall be legibly and conspicuously painted in black figures ; (2) On the starboard side a green light; and (3) On the port side a red light : And every such light shall be of such a character as to be visible on a dark night with a clear atmosphere at a distance of at least one mile. Where any steam launch is in course of navigation under mechanical power after sunset and before sunrise without carrying and exhibiting such lishts in manner aforesaid the master of such launch shall be liable to a penalty not exceeding ten pounds. 148. Every person who knowingly causes or permits to be concealed the registered name of any steam launch while such launch is used for the purpose of navigating the Thames above Kew Bridge or the registered number of any steam launch while such launch is used for the purpose of navigating under mechanical power after sunset and before sunrise on any part of the Thames shall for every such offence be hable to a penalty not exceeding ten pounds. 149. — (1) No steam launch except as in this section provided shall at any time be used for the purpose of navigating the Thames above Kew Bridge and no house-boat or other pleasure-boat (not being a steam launch) unless exempted from registration as in this Act provided shall at any time be used on the Thames above Teddington Lock unless a steam launch certificate a boat-house certificate or a pleasure boat certificate as the case may be relating to such vessel be then in force. (2) Provided nevertheless that the Conservators may issue to the builder or owner of any steam launch a licence for a bona fide trial trip to such launch and builders or owners to whom such licences are issued may make such trips without there being in force steam launch certificates relating to such launches. (3) If at any time any steam launch except as in this section provided is used for the purpose of navigating the Thames above Kew Bridge there [57 & 58 Vict.] Thames Conaenajicy Act \^^A. [Chap, clxxxvii.] lol3 not l)eing thon in forc-f :t stouui launch cei-tificatc in lespeot of sncli launch tlie ownei- ol" such launcli for evei-y day on whicli such launch is so used shall be and every person using or assisting in using such launch when so used knowing that there is not then in force a steam launch certificate in respect of such launch for every day on which he with such knowledge HO uses or assists in using such launch shall respectively be liable to a penalty of not less than tive pounds nor more than ten pounds. (4) The Conservators may from time to time make Ijyolart-s for the more effectually preventing contraventions of the proxi.^ions of tliis section pro- hibiting the user of house-boats and other pleasure boats (not being steam launches) unless certificated. 150. The master of any steam launch or house-boat in respect of which Certificate to there is for the time being in force a steam launch certificate or a house- Ije produced, boat certificate as the case may be shall produce such steam launch certificate or house-boat certificate as the case may te on demand to any officer of the Conservators on his producing if required so to do a certificate of his personal authority signed by the secretary when such vessel if a steam launch is in couise of navigation under mechanical power on the Thames above Kew Bridge or if a house-boat is Ijeing used on the Thames al)Ove Teddington Lock as the case may be and if any such master makes default in so doing he shall for every such offence be liable to a penalty not exceeding forty shillings. 151. In case any complaint shall be made to the Conservators as to Owner to the navigation of any pleasure boat registered under this Act then the J^ff'^yd infor- registered owner of such boat shall upon the application in writing to him '"^tion as to by the secretary for that purpose give all information in his power to the cliarge secretary as to the person who at ' any particular time was in charge of such boat and any registered owner refusing to give such information or by his own negligence or default being unable to give the same shall be guilty of an oflfence against this enactment and shall foi' every such offence be liable to a penalty not exceeding twenty pounds. 152. Every pleasure boat used on the Thames above Teddington Lock E\ery plea- shall be deemed to be in charge of one person who shall be in every case sure boat to the recristered owner of such vessel or the person duly appointed or , .tom |^, ^^q^* ^ House without any fee or reward for such access and inspection : House. (2) No collector of Her Majesty's Customs inwards or coastwise in the ^p^^els not port of Loudon shall on any pretence whatever allow any vessel to Ije entered on which duties of tonnage are by this Act imposed to be entered or cleared at inwards until the master of such vessel shall have paid such duties f«>toms until and shall have produced to such collector a certificate under the ''"^^'-'■■' ^^ hand of a person authorised by the Conservators to collect the said duties of tonnage certifying that the said duties payable on account of such vessel have been fully paid nor .shall any collector of Her ^Majesty's Customs outwards or coastwise in the said port on any pretence whatever allow any ves.sel on which duties of tonnage are by this Act imposed to be cleared outwards until the master of such vessel shall have paid such duties which payment shall be evidenced by the signature of a person authorised by the Conservators to collect the said duties of tonnage to the content or other document which must necessarily be produced to the said collector of Her Majesty's Customs at the time of clearing such vessel outwards which certificate or signatui-e any person authorised by the Conservators to collect the said duties of tonnage and receiving the same in respect of any vessel shall give and .sign as regards such ve.ssel accordingly without fee or reward. 157. The Conservators may from time to time demand and receive in Power to respect of vessels not paying duties of tonnage levialtle under this Act and charge for using any of the moorings in the Thames belonging to the Conservators .^^ the charges appointed by byelaws of the Conservators for the time lieing in force. 158. The Conservators may from time to time demand and receive in T.ock tolls respect of vessels other than pleasure boats passing through Ity or over ^*'[^^'^^^^^'* locks on the Thames other than the lock made under the Richmond Foot- pleasure britlge Sluices Lock and Slipway Act 1890 tolls not exceeding the following boats, tolls namely : — For every such vessel passing through by or over any such lock the toll of fourpence per ton in respect of every such lock so pa.oats navigating on the Thames '°^^ ^^'^ 1016 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] vessels other than pleasure boats. How and to whom tolls to be paid. Masters of vessels to state on re- quest names and addresses of owners and where bound. Lock tolls for pleasure boats. Penalty on forcing passage not having paid toll. Tolls leviable from steam and other passage ves- sels at piers westward of London Bridge (in addition to any tolls for passing through locks which they may be authorised to demand and receive in respect of such vessels) tolls not exceeding the following tolls namely : — For such vessels navigating westward of London Bridge — To Strand-on-the-Gi-een Kew oi' Brentford one penny halfpenny per ton ; To Isleworth or Richmond two pence halfpenny per ton ; To Twickenham Ham or Teddington three pence halfpenny per ton ; To Kingston or Hampton Wick three pence per ton ; To Seething Wells Ditton Hampton Court Moulsey or Hampton four pence per ton ; To Sunbur}'- Walton Shepperton or Weybridge four pence halfpenny per ton ; To Chertsey or Laleham five pence halfpenny per ton ; To Staines and upwai-ds sixpence per ton : The said tolls shall be demanded and received once only in respect of each voyage including the passages upwards and downwards which the vessels respectively make but may be demanded and received in respect of the passage upwards or downwai'ds in the case of vessels not I'eturning : Pi-ovided that nothing in this section shall authorise the Conservators to demand or receive tolls in re.spect of any vessel navigating westward of London Bridge to or fi'om any point eastward of Strand-on-the-Green. 161. The tolls herein-befoi'e mentioned shall be payable — (1) In respect of vessels whether laden or empty according to the numl)er of tons which such vessels are or would be capable of carrying if drawing the gi-eatest depth of water which such vessels are foi' the time Ijeing allowed to draw or in the case of vessels not constructed to draw that depth of water according to the number of tons which such vessels are or would be capable of carrving when havins: but two inches of freeboard at the shallowest part of their sides : (2) In respect of each vessel all together either on the upwaid or downward passage and be paid to such officer or officers of the Conservators at any one or more of the said locks or at such other place or places on or near the Thames and in such manner as the Conservators from time to time by byelaw appoint. 162. The master of any vessel shall whenever requested so to do by any officei' of the Conservators authorised to receive any of the duties of tonnage charges or tolls herein -before mentioned on his producing if required to do so a certificate of his pei-sonal authority signed by the secretary forthwith truly state to such officer the name and address of the owner of such vessel and the place or places to which such vessel is bound and in case of default shall for every such offence be liable to a penalty not exceeding five pounds. 163. The Conservators may from time to time demand and receive in respect of pleasure boats passing through by or over locks on the Thames the tolls or annual payments appointed by byelaws of the Conservators for the time being in force but not exceeding the amounts mentioned in the Fourth Schedule to this Act. 164. If the master of any vessel eludes or evades or attempts to elude or evade the payment of any duty of tonnage payable under this Act or if any person forcibly passes or attempts to pass any vessel through by or over any lock without having duh' paid the full amount of any toll herein- before mentioned payable in respect of such vessel such person shall for every such olFence V)e liable to a penalt}- not exceeding ten pounds over and above the full amount of such duty or toll. 165. The Conservators may from time to time demand and receive in respect of steam and other passage vessels landing or embarking any passengers or goods at or from any pier or landing-place erected l>y or belonging to them tolls not exceeding sixpence for each and every time of [57 & 58 Vict.] ^'j^Thames Conservanoj Act 1894. [Chap, clxxxvii.] 1017 calling at the same oi- in lieu of all or any part of such tolls tlie tolls by and landing- hyelavvs of the Conservatoi-s for the tiuif bt-ing in f(jite uj)|jointL'e Ijl^<-'es erected demanded and received (either in all cases or in cei-tain cases as defined t^Z-H '^*^' by such byeiaws) acconling to the niunln'r of passengers landed at or embarked fiom any such pier or landing-place : Provided always that the Conservators may fiom time to time if the}' tliink fit permit steam and other passage vessels to land and embark ])assengers and goods at oi- from all or any of such piers and landing-places without the pavment of anv toll whatever. , . „ '■ \ " Id case tolls 166. The collector of the said tolls at any such pier or landing-place not paid ves- niay prevent any vessel the master of which shall neglect or refuse to pay "^1'' niay l>e the pioper amount of toil ]>avablo bv him from making fast to or mooring V^^"-'^^^^^ Aii-i-i'j'i f rum using or touching at such pier or landing-i)lace. -^^ 167. In case all or any part of any duty or tonnage charge or toll Recoverv of herein-before mentioned or all or any part of any sum payable under this foregoing Act to the Conservators in respect of the original ngistration or of the dutie- toll> renewal of any registration of any steam launch house-boat or other '^'^• pleasure boat (all or any part of any such sum being herein-after referred to as a " i-egistiation fee") is not paid on demand to the otlicer of the Conservators authorised by them to demand and receive the same then and in every such case the Conservators may recover such duty charge toll or registration fee or part thereof from the owner or master of such vessel in like manner as penalties under this Act are recoverable or as a debt in any court of competent jurisdiction or the officer to whom such duty charge toll or registration fee or part thereof ought to have been paid taking such assistance as he thinks necessary may either at the time of the vessel in respect of which the same is payalde passing or Ijeing at any place appointed for receiving such duty charge toll or registration fee or at any time afterwards seize and detain such vessel (whether laden or empty) and the tackle and furniture on board thereof until payment of such duty charge toll or registration fee or part thereof together with reasonable charges for such seizure and detention and if such vessel tackle and furniture shall not be redeemed within five days after such seizure such officer may sell the same lendering to the owner thereof on demand the surplus if any of the proceeds of such sale after deducting therefrom the amount of such duty charge toll or registration fee or part thereof so payable as aforesaid and reimbursing himself the exjiense incurred by him under the provisions of this section Piovided always that no such otKcer shall be answerable for any loss injury or damage which may happen to such distress while in his custody unless the same *hall happen through his wilful or grossly negligent act or default. 168. If any dispute arise about the amount of any duty of tonnage Disputes charge toll or registration fee due under this Act or the charges of dis- respecting training keeping or selling any distress authorised by the provisions of ^'""'i* '.*'""* this Act relating to duties of tonnage tolls etc. the officer of the Con- ggdig^j ^J^ ^ servators distraining may detain the distre.ss or the money arising from court of ' the sale thereof until the amount of duty charge toll or registration fee siimmarj- tre.ss as the J"'"'"'''^^'^*'"' case may be shall be ascertained by a court of summary jurisdiction who upon application made to him for that purpose sliall examine the said matteis upon the oaths of the parties or other witnesses and shall determine the amount of duty charge toll or registration fee due and shall also assess the charges of such distress and sale and all other rea.sonable costs all which sums so determined or assessed shall be paid to or retained by such officer liefore he shall be ol)liged to return the said distress or the surjilus after the sale thereof or of any part thereof. 169. If any person shall remove any vessel lawfully detained by any Penaltv for otlicer of the Conservators on account of the non-payment of all or any removing part of any duty of tonnage charge toll or registration fee payable in ^essels de- respect of such vessel or on account of such vessel being laden contrary to 1018 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.J Notice of tolls to be Collectors to put lip their names on boards in front of toll houses. Tables of tolls to be affixed at places where collected. Tolls for ferries. Power to make ar- rangements as to tolls. the proA*isions of this Act out of the possession of such officer or away from or beyoud the place where such officer shall have ordered that such vessel shall stop every such person shall for every such offence be liable ta a penalty not exceeding ten pounds. 170. The tolls in this Act mentioned shall not be levied unless not less than four weeks at the least previously notice of such tolls shall have been inserted in the London Gazette and advertised in two daily morning news- papers published and circulating in London nor unless a statement of the amount of the tolls for the time being leviable shall be placed in some conspicuous part of the office of the Consei-vators Provided that in every case in which notice of any such toll was inserted and advertised as afore- said before the passing of this Act the said period of four weeks shall be- reckoned from such insertion and advertisement. of the Conservators authoiised by them to collect in this Act mentioned shall place his christian and 171. Every officer any of the tolls sui-name painted on a board in white letters on a black gi-ound in legible chai-acters of such size as the Conservators shall dii-ect in the front or some other conspicuous pai't of the toll house if any whei'e he shall be stationed to collect the said tolls immediately upon his coming on duty and shall continue the same so placed during the whole time he is upon duty and if any such officer do not place and continue such board placed as aforesaid or demands or takes a toll greater or less than that authorised or in any- wise hinders any person from reading such christian or surname or any table of tolls there set up or refuses to tell his christian or surname to any person who demands the same having paid the toll demanded or gives: a false name upon such demand he shall for every such offence be liable to a penalty not exceeding five pounds. 173. The Conservators shall from time to time cause to be painted on. boards or wiitten on paper in distinct and legible characters and affixed and continued conspicuously at every place where they are authoiised to demand and receive tolls tables of the tolls authorised to be taken thereat and no toll shall be demanded of any person at any such place during such, time as such board or paper is not so affixed Provided always that if any such board or paper shall be destroyed injured or obliterated such toll shall continue payable during such time as may be reasonably required foi- the restoration or I'eparation of such board or paper in the same manner as if the same had continued affixed and in the state required by this Act. 173. The Conservators may from time to time demand and receive in respect of ferries across the Thames above Teddington Lock established and maintained by them and for the use of ferry boats belonging to them the tolls appointed by byelaws cf the Conservators for the time being in force. 174. The Conservators in conformity with any byelaws regulating the receipt of tolls may from time to time enter into and execute agreements- with persons liable to pay tolls with respect to the mode and times for the collection and payment thereof or the payment of annual or other periodical sums by way of composition therefor : Provided always that the Conservators shall not by or under any such agi-eement or arrangement make or give any undue or unreasonable preference or advantage to or in favour of any particular person or any particular description of traffic in any respect whatsoever or subject any particular person or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever : If any person liable to pay any tolls thinks himself aggrieved by any such agreement or arrangement or by anything done in pursuance thereof he may apply to the Board of Trade and the Conseivators shall follow the directions of the Board of Trade in the matter. [57 & 58 Vict.] TJiames Consermncy Act \s<:}A. [Chap, clxxxvii.] 1019 175. Subject to the provisions of this Act all duties of tonnage cLiirges Duties tolls and tolls payable under this Act shall at all times be charged equally anoses of this Act and may sell exchange or di-spose of any rents reserved on the sale exchange lease or disposition of such lands or any reversionary interest therein and may make extcute and do any deed act or thing proper for effectuating any such sale lease exchange or other disposition and on anv axchange may give or take any money 1020 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.] for equality of exchange Provided that the Conservators shall absolutely sell and dispose of the reversion of any building lease of such lands granted by them within ten years from the date of such lease. Certain works to be approved by the Board of Trade. Board of Trade may order survey of works at expense of persons commencing works. AVorks which have not been approved of to be removed. Provision against shooting or use of firearms on Thames. Provision as to land drain age above Oxford. Miscellaneous Provisions. 182. No works upon the bed or shores of the Thames below Teddington Lock shall at any time be commenced or executed under the direction or with the licence consent or j)ei'mission of the Conservators without such works having been previously approved of by the Board of Trade such approval to be signified in writing under the hand of the secretary or of an assistant secretary to the Board of Trade or if such approval be not previously obtained without proper conditions being made to provide for the immediate removal of all such works upon notice from the Board of Trade under the hand of the secretary or of an assistant secretary thereto requiring the same to be removed. 183. If at any time the Board of Trade think fit to oixler a local survey and examination of any work upon the bed or shores of the Thames below Teddington Lock or of the intended .site thereof the person about to com- mence or who may have commenced or executed any such work shall defray the costs of every such local survey and examination and the amount thereof shall be a debt due to Her Majesty from such person as aforesaid and if not paid upon demand may be recovered as a debt due to the Crown with the costs of suit in any court of competent jurisdiction or maybe recovered with costs as a penalty is or may be recovei-able under this Act. 184. Tlie Board of Trade or the Conservators i-espectively if they respectively think fit may abate and remove every work commenced or executed upon the bed or shores of the Thames below Teddington Lock which they respectively may not have approved of licensed consented to or permitted and restore the site thereof to its former condition at the cost of the persons who may have commenced or executed such work and the amount of any such costs shall be a debt due to Her Majesty or to the Conservators (as the case may be) from such persons as aforesaid and if not paid upon demand may be recovered as a debt due to the Crown or to the Conservators (as the case may be) with the costs of suit in any court of competent jurisdiction or may be recovered with costs as a penalty is or may be recoverable under this Act Provided that the provisions of this section and the provisions of the two immediately preceding sections shall not apply to any works executed by the Admiralty on such portions of the bed and shores of the Thames as are mentioned in the section of this Act whereof the marginal note is " Reservation of part of the bed and soil." [See s. 59.] 185. From and after the passing of this Act it shall be unlawful to discharge any fire-arm air-gitn gun or similar instrument over or upon the Thames or the shores banks or tow-paths thereof or any land for the time being vested in the Conservators above an imaginary straight line drawn from Barking Creek to Margaret Ness and every person discharging any fire-arm air-gun gun or similar instrument over or upon the Thames or the shores banks or towpaths thereof or any such land as aforesaid above such line shall for every such offence be liable to a penalty not exceeding forty shillings : [S'ee also 2 & 3 Vict. c. 47, s. 36.] Provided that the provisions of this section shall not apply to any of Her Majesty's forces Avhen in the performance of their duties. 186. If in any case where the consent of the Conservators is requisite ■ for any purpose under the Land Drainage Act 1861 as affecting the Thames above the city of Oxford stich consent is not given within two months after the same is applied for the body or per-on desiring to obtain such con.sent may apply to the Board of Trade who shall direct whether or not such consent is to be given and if so on what terms or conditions and the Conservators shall follow the directions of the Board of Trade in the matter. [57 & 58 Vict.] Thames Consercancy Act 1894. [Chap, clxxxvii.] 1021 187. The high water of ordinary spring tides at one mile below Fixing H.W. London Bridge shall be taken as level with the mark fixed by the \\-^^- ^^'^ late Captain Hiiddait in the year one thousand eight liundrfMl upon the ^''''*'"*'^- Hermitage entrance lock to the London Docks commonly called " Trinity Standard" The high water of ordinary spring tiions of this .^''' ^? *^'°" Act continue in force and maybe enforced by the Conservators subject ''"^"^ *° ^*''^' to alteration or repeal by bvelaws made under this Act Provided that nothing in this Act shall affect any byelaws made under the Petroleum Acts 1871 and 1879 or the Explosives Act 1^575. 191. The Conservators may from time to time make such bvelaws as to Power to them seem meet for all or any of the purposes for which by this Act they ™ake bye- are authorised to make byelaAvs and for all or any of the following purposes namely : — For regulating the mode of conducting elections of Conservators under this Act; For the regulation management and improvement of the Thames and the navigation thereof ; For the prevention of obstructions in the Thames ; For compelling vessels on the Thames to exhibit lights from sunset. to sunrise ; For the regulation of vessels on the Thames ; For prescribing in the Thames below Ttddington Lock limits above which various classes of vessels to be tlefined by such byelaws and which are used only or principally for the carriage of passengei-s or for purposes of excursions shall not be navigated ; For the government good order and regulation of persons navigating the Thames or using the tow-paths piers landing-places or locks thereof; For preventing the loadings of vessels projecting over the sides thereof ; For the mooring of timber on the Thames ; For i-egulatiiig the timts and manner of raising or heaving up or for suspending mooring chains in the Thames ; For the government and regulation of the otiicers servants and workmen in the employ of the Conservators ; For the registering and regulating of bumboats that is to say craft used on the Thames for the purposes of dealings in provisions liquors stores or other goods with seamen or others employed on or about the Thames ; For the registering and regulating of persons working or using such bumboats on the Thames; * The Lower Thames Navigation Conmiission ISJIJ — isDG was appointed under this sectiou. This Commission presented a report to the President of tlie 13o;u-d of Trade on the 25th March Is'JO. 1022 [Chap, clxxxvii.] Thames Conservancy Act \'69i\. [57 & 58 Vict.] For compelling and regulating the measuring of lighters navigated on the Thames and the conspicuous and correct marking thereon by the owners thereof of the names and addresses of such owners and the burthen tonnage of such lighters ; For prescribing the depths of water which may be drawn at various seasons of the year by lighters navigated on the Thames above London Bridge for compelling and regulating the conspicuoas and correct marking of such lighters so as to show the depth of water at any time drawn by them and for preventing such lightei-s being loaded too deeply ; For prescribing the amount of freeboard or clearboard which lighters when navigated on the Thames are to have and securing that such lighters shall have such freeboard or clearboard ; For regulating the passage of vessels through locks on the Thames ; For regulating the extent manner and times of the drawing down of Thames water by owners or occupiers of mills for repair thereof or of any floodgates or waterworks belonging thereto or for cleansing mill streams ; For regulating the giving of flashes or freshes of water in the Thames ; For regulating from time to time (subject to the pro\dsions of the section of this Act whereof the marginal note is "As to drawing down etc. of water " with respect to the drawing down or keeping back of water by the Conservators) the height or depth of water in the Thames at any place above Teddington Lock [see .§. 75] ; For preventing the removal or alteration of any watei'-mai'k set vip by the Conservators for the purpose of showing the height or depth of water in the Thames ; For the better collection of duties of tonnage and other charges payable on and for the registration of vessels exceeding fortv-five tons registered tonnage navigating the Thames and trading seawards beyond Gravesend but not entered at the office of Her Majesty's Customs and not exempted by this Act from the payment of duties of tonnage ; For regulating the proceedings on an inquiry by this Act directed to be held into any complaint of the operation of any byelaw of the Conservators or of any determination or proceeding of the Con- servators or of the conduct of any of their officei-s ; For preventing the passing into the Thames from or out of any vessel on the Thames above Teddington Lock of any sewage or any other offensive or injurious matter whether solid or fluid but so that no such byelaw shall apply to the vessels of the Victoria Steamboat Association Limited * or their successors certified by the Board of Trade as passenger steamers to carry three hundi'ed or more passengei-s wliils.t such vessels are bona fide engaged in the business of the said Association or their successors below Molesey Lock : For compelling with a view to the prevention of pollution of the Thames the altering as the Conservators may approve of vessels used on the Thames above Teddington Lock and the providing of such vessels with such sanitary appliances as the Conservators may approve but so that no such byelaw shall apply to the vessels of the Victoria Steamboat Association Limited* or their successors certified by the Board of Trade as passenger steamers to carry three hundred or more passengers whilst such vessels are bona fide engaged in the business of the said Association or their successors below Molesey Lock ; For the regulation of bathing in the Thames and fixing the hours dui'ing which persons may bathe in the several parts thereof : For preventing offences against decency by persons using the Thames and the banks and towpaths thereof or any land vested in the Conservators ; For preventing disorderly conduct or the use of obscene scandalous or * See note on s. 108. [57 & 58 Vict.] Thames Conservancy Act 189-1-. [Chap, clxxxvii.] 1023 abusive language to the annoyance of per.'^ons u.>ing tlie Thanjes or the banks or towpaths thereof or any land vested in the Consf'iVators ; For pi-eveiiting any nnisiince to riparian residents or others bv persons using the Tiiauies ; For preventing trespasses upon any Thames i-iparian dwelling-houses or the curtilages or gardens Ixilonging thereto : For regulating tlin navigation of the Thames with a view to thf safety and amenity of the said river in relation to the purposes of this Act ; For preventing injury to flowering and other plants shrubs vegetation trees woods and underwoods on or neai- the Thames ; For preventing bird catching bird nesting lard trapping and the search- ing for taking or destruction of swans' and other birds' nests eggs or the voun" of anv birds or other animals on or about the Thames savins all rights of fowling luinting and spurting existing both on the foui-- teenth day of August one thousand eight hundred and eighty-five and at the passing of this Act ; For preserving notice boards and other works and things set up bv the Conservators or with their consent ; For preventing disturbance of the navigation of the Tiiames for purposes of recreation ; For preventing or regulating the exhibition of advertisements and advertising upon or by means of vessels or otherwise on or over the Thames but so that any such byelaw shall not interfere with the right of the owner of any vessel of exhibiting advertisements or notices for the purposes of or in reference to his trade or business or of exhibiting any advertisement not visible from the shore [see s. 224 (2)1 ; For i-egistering and licensing steam launches used on the Thames westward of Kew Bridge and for regulating the conditions of such licences ; For registering and licensing vessels used on the Thames westward of Teddington Lock and for regulating the conditions of such licences ; For the protecting preserving and regulating of the fisheries in the Thames and the preservation of the fish therein ; For the registering and regulating of boats or vessels on the Thames used for fishing by persons following the business of fishermen or kept to be let to hire for fishing and the governing of persons following the business of fishermen and using or working such boats or vessels for fishing and of {jcrsons keeping such boats or vessels for letting to hii-e for fishing ; For tlie piohibition of the use of nets and apparatus improper to be used for taking lish in the Tluimes ; For determining the times during which the taking of any particular or specified kinds of fish shall not be })ractised on the Thames; For regulating the passage of vessels on the Thames on any occasion when large crowds may assemble thereon ; For prescribing the numbers of persons ^\ho may be carried in or on randans wlurries skifYs dingeys shallops punts canoes rafts and other small boats and craft however navigated on the Thames above Teddington Lock and for preventing the overcrowding of such vessels : The Conservatois may from time to time by byelaws alter or i-epeal any byelaws continued in force by or made under this Act : Provided that no byelaws made under this Act shall have any force if repugnant to the laws of England or to the provisions of this Act : All byelaws made by the Conservators shall ))e under the common seal. 192. The Conservators may by any byelaws niailc by them impose on I'enalties oftenders against the same such reasonable penalties as they think tit not P^-^ ^^ exceeding the sum of ten pounds for each ofience and in the case of a con- bvelaws ^ 1024 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.|| Publication of proposed byelaws con- sideration of objections and confirma- tion bv Board of Trade. Byelaws to be printed and sold. Proof of byelaws. tinning offence a daily penalty not exceeding a like amount but all such byelaws shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty. 193. — (1) Byelaws made under this Act shall not have any force until confii'med by order of the Boaixl of Trade but no other confirmation shall be necessaiy. (2) When the Conservators propose to make any byelaws they shall publish the proposed byelaws. (3) Before the Conservators submit any proposed byelaws for confirma- tion by the Board of Trade they shall during one month at least after the publication thereof afford to all persons the opportunity of making in writing or otherwise objections to or representations respecting such j^ro- posed byelaws and the Conservators shall take all such objections and representations into consideration and if they think fit may abstain from making or may alter or add to the proposed byelaws. (4) if any alteration or addition is so made the Conservators shall publish the pi-oposed byelaws as so altered or added to before submitting- the same for confirmation by the Board of Trade. (5) The Conservators on submitting any proposed bjelaws for confirma- tion by the Board of Trade shall publish notice that they have done so and during one month after the completion of such jniblication of notice any person may make in writing to the Board of Trade any objection to or i-epresentation respecting such byelaws. 184. The Conservators shall cau.se copies of all byelaws made by them when the same are confii-med together with the order confij-ming the same to be printed and such copies to be sold at a reasonable price to all persons desiring to buy the same. 195. A copy of any byelaw made by the Conservators and confirmed puiporting to be printed by direction of the Conservators and being authenticated by the common seal and the signature of the secretary shall for all purposes and to all intents be })rima facie evidence of such byelaw and of the due making and confirmation thereof without proof of such seal or signature. Owners accountable for damage ,done by boatmen to property of Conservators. Legal. 196. The owner of every vessel shall be and is hereby made answerable for all trespasses damages spoil or mischief done by such vessel or by any person employed in or about the same by any means whatsoever to any of the property or effects of the Conservators or the banks or other works erected maintained or repaired by them and the owner of every such vessel shall for every such trespa.ss damage spoil or mischief done as aforesaid upon conviction of the person doing the same before any court of summary jurisdiction pay to the Conservators such damages and compensation as shall be ascertained and determined by such court together with all costs attending such conviction provided that such damages and compensation shall not exceed the sum of twenty pounds besides the costs of such con- viction and in case such damages or compensation and costs be not paid on demand the same shall be recoverable in the same manner as a penalty is recoverable under this Act but in case such damages and compensation exceed the sum of twenty pounds the said owner may be sued by the Conservators for such damages or compensation. Provided always that every person so convicted shall be answerable for and repay to the owner of the vessel all such damages and compensation recovered as aforesaid with all the costs of recovering the same and in case of non-payment thereof on demand on oath made by such owner of payment by him of such damages compensation and costs and of such non- payment by .such person the amount thereof shall be recoverable in like manner as a penalty under this Act may be levied and recovered by warrant of such court. [57 & 58 Vict.] Thanies Conservanq/ Act 1894. [Chap, clxxxvii.] 1025 197. Every person who assaults resists or obstructs or aids oi* incites Penalty for any person to assault resist or obstruct any Conservator or oHicer or servant assaulting of the Conservators or constable av other person employed in the due execu- ^'^ '^^ '^^^ tion of this Act or in the execution of his enalty not exceeding five pounds. 198. \^'lu•n and so often as any officer or servant of the Conservators If officers etc. shall cease to hold office under the Conservators or to be in their employ refu-se to give if such officer or servant or the wife or widow or any of the children family "P Pr*-'>^ise8 or other representatives of such officer or servant or any other person who jjjay ^jve may have the possession of any premises Ijelonging to the Con.servators possession, shall neglect or refuse to deliver up the pos.session thereof for the space of twenty-four hours next after demand thereof made by notice in writing so to do then it .shall be lawful for any .Justice by wanant under liLs hand and seal to order a constable or other peace officer with such as.sistance as shall be necessary to enter upon or into such premises in the daytime and to remove the persons who .shall be found thereon or therein together with their goods off or out of such premises and to put the Con.servators or such person as they shall direct into po.ssession of such premises. 199. Any notice which the Conservators may be required or authorised Service of to give to any person may be served on such per.son either personally or notice on ■on his known agent or by sending the same through the po.^t in a prepaid other persons. letter addressed to him or to his known agent 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 residence or busine-ss or in case the place of abode or business of the person to be served is unknown it shall be sufficient to affix the notice or a copy thereof on .some conspicuous i)art of the premises (if any) to which the notice may relate. Service by letter under this section shall be deemed to be etficted on the day on which such letter would be delivered in the ordinary course of post and in proving such service it shall be sufficient to prove that the letter was properly addressed and put into the jxjst. [.See 52 it 53 Vict, c. 63, s. 26.] 200. — (1) Where the Conservators are by this Act required to publish Mode of any notice or byelaw (proposed or made) they shall (unless otherwise publication provided by the enactment reciuiring such publication) do so bv inserting °^ notices . . '■ ^ *■ ' - ^ and bvelaws the .same once in the London Gazette and by insercing the same as an j^^ Conser- advertisement once in each of two successive weeks in some one and the vators. same daily morning newspaper published and circulating in London and such publication shall be deemed to be completed on the day on which the second of such adverti.sements appears. (2) The Conservators shall not later than the day of the first insei-tion of such advertisement transmit a copy of the notice or byelaw to the clerk of the county council of any administrative county and to the town clerk of any county borough affected by such notice or byelaw. (3) The Conservators shall within seven days after the insertion of any such notice or byelaw in the London Gazette insert as an adverti.-^ement in a newspaper published and circulating in any administrative county and in any county borough affected by such notice or byelaw a statement drawing attention to the fact of the said insertion in the London Gazette. 201. Offences against this Act or any byelaw of the Conservators for Recovery of the time being in force and penalties fines forfeitures costs damages and P»^nalties etc. expenses imposed or recoverable under this Act or any such byelaw may be prosecuted and recovered in a summarv manner. Persons cans- iniretc. others 202. Where the doing of any act or thing is made punishable by this to offend Act or by any byelaw of the Conservators for the time being in force with a^raiust this any penalty tine or forfeiture the causing procuring or permitting such ^cc etc. liable act or thing to be done shall be punishable in like manner. " ^^^ ^* 66 1026 [Chap, clxxxvii.j Thames Consermnq/ Act 1894. [57 & 58 Vict.] Application of penalties. Jurisdiction of Justices. Powers etc. of police. Venue for trial of offences. Bailiffs and servants of Conservators may be sworn in as con- stables. Power to employ Metropolitan City and county police. Eegulation on river. 203. All penalties fines and forfeitures imposed and recovered for offences against this Act or any Act wholly or partially incorporated here- with or any byelaw of the Conservators for tlie time being in force shall (except penalties fines and forfeitures imposed on or recovered from the Conservators) be paid to the Conservators and be by them carried to the Lower Navigation Fund or the Upper Navigation Fund (as the case may be) anything in any other Act notwithstanding. [See ss. 240 and 241.] 204. For the purposes of this Act and of any byelaw of the Con- servators for the time being in force the jurisdiction of all Justices and Magistrates acting for any area through or by which the Thames flows shall extend over the whole of the waters bed shores banks and towpaths of the Thames and over any place within one hundred yards on either side of the Thames and over the whole of so much of any island as is in the Thames where that river flows through or by such area. 205. For the purposes of this Act and of any byelaw of the Con- servators for the time being in force the power and authority of all police ofiicers and constables acting for any area through or by which the Thames flows shall extend over the whole of the waters bed shores banks and towpaths of the Thames and over any place within one hundred yards on either side of the Thames and over the whole of so much of an island as is in the Thames where that river flows through or by such area. 206. For the purposes of proceedings under this Act or any byelaw of the Conservators for the time being in force eveiy oifence shall be deemed to have been committed and every cause of complaint under this Act or any such byelaw shall be deemed to have arisen in the place in which the same actually was committed or arose Provided that every such offence committed on or in respect of and every such cause of complaint arising in respect of any vessel in the Thames below the western boundary of the county of London may be deemed to have been committed or to have arisen within the county of London. 207. The Conservators may if they think fit procure all or any of their ofiicers and servants to be sworn in as constables for any of the counties adjoining the Thames or any of the cities boroughs or towns adjoining the Thames and maintaining separate police forces but they shall not be liable without the consent of the Conservators to be called upon to perform the duties of such constables except for the purposes of this Act or of any byelaw of the Conservators for the time being in force. 208. The Chief Commissioner of Metropolitan Police the Commissioner of City Police and the chief constables head constables or other ofiicers having chief commands of police of all counties and of all cities boroughs and towns maintaining separate police forces through or by which counties cities boroughs or towns the Thames flows respectively from time to time if they think fit at the request of the Conservators and upon such terms as to payment by the Conservators or otherwise as may from time to time be agreed upon between the Conservatoi-s and the I'espective commissioners chief constables head constables or other ofiicers having chief commands of police may provide ofiicers and constables of police to ktep the peace preserve oi-der and prevent breaches of this Act and any byelaws of the Conservators for the time being in force and generally to exercise police authority at the piers or landing-places and the avenues and approaches thereto belonging to or under the control of the Conserv'ators and situate within the jurisdictions of the respective commissioners chief constables head constables or other ofiicers having chief commands of police and to remove any persons who may act in contravention of this Act and the byelaws of the Conservators for the time being in force. 209. The Chief Commissioner of Metropolitan Police may with a view to maintaining order and securing the safety of the public from time to time give such orders as he thinks expedient for the purpose of regulating the passage of vessels on such part of the Thames as lies [57 & 58 Vict.] Thames Conservancy Act 1894. [Chap, clxxxvii.] 1027 within his jurisdiction on any occasion when large crowds may assemble on such i»art. If the master of any vessel (lisol)eys any officer or constable of any police force engaged in keeping order on such occasion as aforesaid he shall in the case of a vessel propelled (jtherwise than by oars \ni liable to a penalty not exceeding twenty pounds and in the case of a vessel propelled by oars to a penalty not exceeding five pounds. Any superintendent inspector oi' sei-jeant of any police force may enter on any vessel the master (jf which refuses to coni[)ly with any ordeis given in pursuance of this section for the purpose of taking such measures as may be necessary for can-ying into effect the objects of this section or any orders made thereunder And any person obstructing the entry of any superintendent inspector or serjeant in pursuance of this section or imjieding his efforts to carry the same into efiect shall for each offence ])e lialjle to a penalty not exceeding twenty pounds. 210. Whilst any Vjyelaw of the Conservators for legulating the passage Police to of ves.sels on the Tliames on any occasion when lar<;e crowds may assemble observe bye- thereon shall be in force all officers and constables of any police force \''^^^ ^ , shall observe the same and if any officer of the Conservators shall be directions of j)resent on any such occasion all such police officers and constaldes shall in their officers all things observe the directions of such officer of the Conservatoi-s. at regattas 211. Where the Conservators or any other body corjtorate or any person deem or deems themselves or himself afrgneved bv anv order con- ^ ^ ■, • • • 1 i 1 i • i- e 1 ' i"- 1 1 appeals, viction judgment or determination or or by any matter or thing done by any court of summary jurisdiction under this Act or any byelaw made thereunder they or he may a])peal therefrom to a court of quarter sessions. \See the Stimviary Jurisdiction Act 1879, s. 31.] Savings. 212. Nothing in this Act shall extend to any vessel belonging to or f^aving for em}>loyed in the service of Her Maje.sty Her heirs oi" successors or to any ^|S^ Majesty s present or future moorings of or for any such vessels nor shall anything ^oorjngg and in this Act repeal alter prejudice or affect any of the provisions of the for 54 Geo. 3. lifty-fourth George the Third chapter one hundred ai)d fifty-nine.* c. 159. 213. ySaving the rights of the Croicn.^ 214. [^Saving the rights of the Duchy of Lancaster J\ 215. [^Saving the rights of the Duchi/ of Cmmwall.] 216. Nothing in this Act shall prejudice or derogate from or in any- Saving rights wise alter affect or interfere with the jurisdiction or authority of the of Trinity Trinity House in the appointment of jiilots leadsmen and guides or for "0"^^- beaconage and buoyage and office of beaconage and buoyage or for the erecting and setting up of beacons buoys lights and lighthouses or the fees advantages salaries profits emoluments commodities and rights incidents and apjairtenances what.soever due jiayable accustomed aitjiertaining or belonging to the Trinity House or any other rights offices duties and privileges Avhatsoever now sub.^^i.sting and in force and held used or enjoyed by the Trinity House under or by virtue of any Koyal Chai-ter grant letters ])atent or Act or otherwise howsoever excejit that after the passing of this Act the Trinity House shall not be entitled to discharge or require the discharge of any harbour master appointed by the Con.servators pursuant to the ])iovisions of this Act nor shall any such harbour master be required by Elder Brethren of the Trinity House to attend them. 217. [Xothing in this Act (except the proi-isioyis relating to pollution) to affect the rights to which the Inner and Middle Temples are entitled under 25 i 26 Vict. c. 93. .See ibid. ss. 29 and 30.] * An Act for the better regulation of the several Ports, Harbours. Roadsteads, Sounds, Channels, Bays, and Navigable Rivers in the l'niteart of the hereditary possessions and land revenues of the Crown. Provided always that the Conservators shall in every year on the first day of March pay to the Commissioners of Woods on behalf of the Queen's most Excellent Majesty her heirs and successors to be applied as part of the hereditary possessions and land revenues of the Crown pursuant to section 2 of the Crown Eands Act ISGG the sum of five hundred pounds in lieu of all payments which would otherwise pursuant to this section be payable by the Conservators to the Commissioners of Wootls in res|>ect of ballast sand earth or gravel dredged or raised by the Conservators or any person by their authority fiom the bed or shores of the Thames. Funds and Accounts. 240. All moneys received by the Conservators in respect of the Thames Lower below the City Stone above Staines Bridge including all tolls duties of Navijration tonnage dues and other charges anil all proceeds of licences permissions l'""'^'- and consents of and registrations by the Conservators and all fines 1030 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict,] Upper Navigation Fund. Apportion- ment be- tween funds of water companies' contributions imder this Act. Separate accounts. Accounts to be kept of receipts and disburse- ments which shall be open to inspection. Statements of accounts to be pre- pared and to be open for inspection. rents and proceeds of sales of lands and all penalties and damages and all other moneys from whatever source and also all moneys raised by the Conservatoi's under this Act for expenditure upon the Thames below the said City Stone and also all moneys stocks funds and securities which at the passing of this Act formed part of the Conservancy Fund of the Conservators under the Acts by this Act repealed and also all income of any such stocks funds or securities except so much of any such moneys as are by this Act directed to be paid to the Queen's most Excellent Majesty shall after the passing of this Act form one fund to be called "the Lower Navigation Fund." 241. All moneys i-eceived by the Conservators in respect of the Thames above the City Stone above Staines Bridge including all tolls dues and other charges and all proceeds of licences permissions and consents of and registrations by the Conservators and all fines rents and proceeds of sales of lands and all penalties and damages and all other moneys from what- ever source and also all moneys raised by the Conservators under this Act for expenditure upon the Thames above the said City Stone and also all moneys which at the j^assing of this Act formed part of the upper naviga- tion fund of the Conservatoi-s under the Acts by this Act repealed shall after the passing of this Act form one fund to be called " the Upper Navigation Fund." 242. The Conservators shall carry to the Lower Navigation Fund one thousand pounds of the moneys paid to them in respect of each year pursuant to this Act by the metropolitan water companies * the West Surrey Water Company and the South West Suburban Water Company and shall carry to the [Jpper Navigation Fund the residue of the moneys in respect of each year so paid to them. 243. The Conservators shall keep separate accounts of the Lower Navigation Fund and the Upper Navigation Fund and of their receipts and expenditure on capital and revenue account in respect of the Thames below the City Stone above Staines Bridge and their receipts and expendi- ture on capital and revenue account in respect of the Thames above the said City Stone and subject to the provisions of this Act they shall apportion fairly between those accounts any receipts or expenditure common to two or more of those accounts. 244. The Conservators shall cause books to be provided and kept and true and regular accounts to be entered therein of all sums of money received and paid for and on account of this Act and of the several pui-poses for which sums of money shall have been I'eceived and paid which books shall at all i-easonable times be open to the inspection of any of the Conservators and any of the mortgagees of the fines rents tolls and other dues and profits receivable under this Act and the secretary of any of the metropolitan water companies * of the West Surrey Water Company or of the South West Suburban Water Companj^ oi' any person duly authorised in writing by him without fee or reward and the Conservators and other persons aforesaid or any of them may take copies of or abstracts from the said books without paying anything for the same and the secretary or any other person having the custody of the said books who shall not on any reasonable demand of any Conservator or other person aforesaid permit him to inspect the said books or to take such copies or extracts as aforesaid shall for every such offence be liable to a penalty not exceeding five pounds. 245. The Conservators shall cause their accounts to be balanced in each year to the then last thirty-first day of December and fourteen days at the least before the meeting at which they are to be produced the Conservators shall cause a full and true statement and account to be drawn out of the amount of all contracts entered into and of all moneys received and expended by virtue of this Act during the preceding year * Now the Metropolitan Water Board, See 2 Edw. 7, c. 41. |]57 & oS Vict.] Thames Consercancy Act \^^A. [Chap, clxxxvii.] 1031 and also of all debts then owing by the Conservatoi-s and they shall cause such statement and account to \>e [irinted and shall allow the same to remain for inspection at their ottice and every mortgagee of the fines rents tolls and other dues and profits receivable under this Act or any person acting on behalf of any such mortgagee or the secretary of any of the metropolitan water companies* of the West Surrey Water (Jom{)any or of the South West Suburljan Water Company or any person duly authorised in writing by him may at all reasonable times inspect such statement and account and compare the same with the books and docu- ments relating thereto in the possession of the Conservators and the secretary shall on demand furnish a printed copy of the said statement and account to every such mortgagee and person aforesaid without fee and fourteen days at the least previously to the meeting for examining and settling such account the Conser\ators shall give public notice of such intended meeting stating in such notice that the said statement and account are printed and lie at the office of the Conservators ready for the inspection of the parties intei'ested. 246. The accounts of the Conservators so balanced as aforesaid Accounts to together with the said statement and accoinit shall be produced at the be examined annual meeting of the Conservators or at some adjournment thereof and ^^^ -ettled the accounts shall be then examined and settled by the Conservators and ^* ^ }' ^""^"^^ if the same be found just and true they shall be allowed by the Con- servators and certified accordingl}- under the hand of the chairman of such meeting and after such accounts have been so allowed and certified and have been signed by the auditor as herein -after provided the same shall be final in regard to all persons whomsoever. 247. Previously to the meeting in each year at which the accounts of Appointment the Conservators for the preceding year are to be produced as aforesaid and payment the Treasury shall appoint some person to be auditor of such accounts and °^ auditor, evei-y such auditor shall be paid by the Conservators for his time trouble and expenses in relation to his audit such sum not exceeding one hundred and twenty guineas as the Conservators think fit and the Treasury approve. 248. The auditor appointed as aforesaid as soon as conveniently may Auditor to be after the meeting at which the accounts of the Conservators for the examine preceding year were settled as aforesaid shall attend at the office of the accounts. Conservators or at some other convenient place to be appointed by the Conservators and from time to time shall in the presence of the secretary if he desire to be present proceed to aiidit such accounts and the Conservators shall by their secretary produce and lay l>efore such auditor the accounts so allowed and certified as aforesaid together with the statement and account herein -V)ef ore mentioned accompanied with proper vouchers in support of the same and all books papei-s and writings in their custody or power relating thereto and if the said accounts be found correct such auditor shall sign the .same but if such accounts be found incorrect he shall require the Conservators to correct the same in such manner as he thinks right ami after such accounts have been so •corrected shall sign the same. 249. The Conservators shall in every year present to both Houses of Accounts to Parliament copies of the herein-before mentioned accounts for the preceding '*^ yearly year as signed by the auditor. laid before •^ o .' Parliament. Existing Loans etc. 250. yrhe Conseri'dtors to continue liable for the annuities vnJer the navigation bonds given before 1857 % the Corporation of London, and to be empowered to redeem such annuities.^ 261. [The Conservators to continne liable for moneijs borroiced by the Conservators since the Act of 1857 and before the passing of this Act, and io be empoivered to redeem the securities for the sa}ne.^ * Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. 1032 [Chap, clxxxvii.] Thames Conservancy Act 1894. [57 & 58 Vict.]| 252. ^As to charge for the debt of the Upper Navigation Commissioners.^ 253 — 284. [^Potuers to the Conservators to borrow and to create debenture stock, and provisions relating thereto.] Application of money borrowed. Application of capital. Application of revenue. Applicatimi of Capital and Revenue. 285. All moneys borrowed by the Conservators under this Act or received as consideration for lands sold or being otherwise in the nature of capital shall so far as the sarae are not payable under this Act to the Commissioners of Woods be applied for purposes of this Act to which capital is properly applicable and not otherwise. 286. — (1) All moneys foi-ming part of the Lower Navigation Fund and being in the nature of capital shall be applied in respect of the Thames- below the City Stone above Staines Bridge. (2) All moneys forming part of the Upper Navigation Fund and being in the nature of capital shall be applied in respect of the Thames above the said City Stone. 287. — (1) All moneys forming part of the Lower Navigation Fund and being in the nature of revenue shall be applied as follows namely : — (a) [In paying three-fourths of the expenses of obtaining this Act so far as the same shall not be paid out of borroired moneys. >S/ie'/i^.] (b) In defraying three-fovirths of the necessary and proper establish- ment expenses of the Conservators under this Act and in defraying the working expenses of the Conservators under this Act in respect of the Thames below the City Stone above Staines Bridge and in defraying the expenses of the repair and maintenance of the works in the Thames below the said City Stone vested in or acquired or constructed by them by or luider this Act ; (c) In paying the annuities charged by the Lower Na\-igation bonds ; (d) In paying the interest from time to time accruing due on any mortgage debt contracted by the Conservators under this Act for raising moneys for the purposes of the Thames below the said City Stone or on any A debenture stock issued by the Conservators under this Act ; (e) In providing any instalments payable under or sinking fund required by this Act in respect of any moneys borrowed on mortgage by the Conservators for purposes of the Thames below the said City Stone or in respect of A debenture stock ; (f) In carrying into execution the purposes of this Act in respect of the Thames below the said City Stone. (2) All moneys forming part of the Upper Navigation Fund and being: in the nature of revenue shall be applied as follows namely :— (a) [In paying onefourth of tfie expenses of obtaining this Act so far as the same shall not he paid out ofborrovjed moneys. Spent. 'I (b) In defraying one-fourth of the necessary and proper establishment expenses of the Conservators under this Act and in defrapng the working expenses of the Conservators under this Act in respect of the Thames above the City Stone above Staines Bridge and in defraying the expenses of the i-epair and maintenance of the works in the Thames above the said City Stone vested in or acquired or constructed by them by or under this Act ; (c) In paying the interest from time to time accruing due in respect of moneys borrowed by the Conservators before the passing of this Act; (d) In providing any instalments payable or sinking fund required in respect of the moneys borrowed by the Conservators before the passing of this Act ; (e) In paying the interest from time to time accruing due on any mortgage debt contracted by the Con.servators under this Act for raising moneys for the purposes of the Thames above the [57 & 58 Vict.] Thames Conservancy Act 1894. [Chap, clxxxvii.] 1033 said City Stone or on any B debenture stock i.s.'iued hy the Consei'vators under this Act ; (f) In providing any instalnietits payable under or sinking fund required by this Act in respect of any moneys borrowctl on mortgage by the Conservators for purposes of the Tliames above the said City Stone or in respect of 15 delnntuie stock ; (g) In paying year by year the interest accruing due on the Upper Navigation Commissioners' debt ; (h) In carrying into execution the pur{»ose.s of this Act in respect of the Thames above the said City Stone. Miscellanea us. 288. The Conservators may if they think fit so to do from time to time Conservators pay such annual or other sum of money as to them seems fit and reason- ^^y ?i^'^ able to any otiicer or person in their employ in addition to the usual salary f^'"^^'"^'^'' or wages of such otiicer or person for any extra or unusual service or as a perannuation compensation for any accident injury loss or damage which may happen to allowance, or be sustained by such officer or person and also to any officer or persrm in their employ by way of retiring or superannuation allowance for length of service and also to the widow or children of any officer or i)erson in the employ of the Conservators or engaged in the execution of any work for them Provided always that the scale for retiring or superannuation allowances shall from time to time be approved by the Treasury. 289. Notwithstanding anything in any Act and notwithstanding any Certain custom to the contrary all tolls which for the time being may be demanded exemption.s and received by the Conservators under this Act in I'espect of the Thames , rates above London Bridge and all lands buildings locks pounds towpaths ' bridges ferries and works for the time being vested in the Conserv^ators in res))ect of the Thames above London Bridge shall be exempt from all parochial charges rates taxes assessments impositions and payments what- soever save as herein-after in this section mentioned and all such tolls lands buildings locks pounds towpaths bridges ferries and works in i-espect of the Thames above the City Stone above Staines Bridge shall be also exempt from all parliamentary rates taxes assessments and payments whatsoever : Provided always that the Conservators shall pay full compensation and satisfaction for all parochial taxes whatsoever in respect of such lands and towpaths in respect of the Thames between London Bridge and the said City Stone which have been or may 1)e purchased or used by the Con- servators for the pvirposes of this Act and for which parochial taxes were paid at the passing of the Act of 1814 in such manner and to such amount only as actually were paid or would have been paid for such lands or tow- paths in case the same had not been so })ui-chased or used such compensa- tion and satisfaction to be settled by a jury if necessary in the same uuvnner as compensation may under the Lands Clauses Acts in case of dispute be settled by a jury. 290. [As to the expenses of obtain! nr/ t/iis Act. Spent.^ Part V. Water Companies. 291. If at any time any work is done or executed lu* pro|xised to be Control by done or executid by the Conservators which in the opinion of any of the nietroixilitan metropolitan water comiianies * will iniuriouslv affect either the flow or '^'""P''*"!.^® ''^ . » works oi the purity of the water of the Tliames above or at the }>lace where such Conservators. company draw their supply the company may give notice in writing under their common seal to the Conservators requiring them to alter such work .* Now the Metropolitan Water Board. Sec 2 Edw. 7, c. 41. 1034 [Chap, clxxxvii.] Thames Co7iservancy Act 1894. [57 & 58 Vict.] Contributions bj" companies. Contributions of companies to be first charge on their receipts. Payments of companies to be without deduct ion and free from taxes etc. Pvestriction on quantity of water which may be taken by companies. or not to do or execute the proposed work as the case may be and unless the Conservators be willing to comply with such notice the matter shall be referred to an engineer to be nominated by the Board of Trade on the application of the company or the Conservators and such referee shall decide what shall be done in the premises and his decision shall be final and the costs of every such reference shall be in the discretion of the referee. 292. The metropolitan water companies * the West Surrey Water Company and the South West Suburban Water Company respectively shall pay to the Conservators the annual sum mentioned in the second column of the Sixth Schedule to this Act opposite the name of such company in the first column of such Schedule and each of such sums shall be payable by equal half-yearly payments on the twenty-fourth day of June and the twenty-fifth day of December in every year the first half- yearly payment to become due on the twenty -fifth day of December or the twenty-fourth day of June which shall be next after the passing of this Act such payments in the case of each of the metropolitan water companies * to be exclusive and in the case of the West Surrey Water Company and in the case of the South West Suburban Water Company to be inclusive of all payments under any of the agreements mentioned in the Seventh Schedule to this Act or under any other Act not repealed by this Act payable to the Conservators by such company. 293. The payments to be made under this Act by the metropolitan water companies * the West Surrey Water Company and the South West Suburban Water Company respectively shall be the first charge on the net receipts of the said respective companies after and subject only to any debts or charges which were on the eighth day of August one thousand eight hundred and sevent3'-eight (being the date of commencement of the Act of 1878) payable thereout or chax-ged thereon respectively and in priority to any claim of any shareholders stockholders proprietors or members of or in the said respective companies to any dividend or share of profits or receipts and from and after the twenty-fourth day of June or the twenty-fifth day of December which shall be next after the passing of this Act it shall not be lawful for any of those companies at any time to pay or divide any dividend oi' share of profits or receipts to or among any shareholders stockholders proprietors or members of or in that company unless and until the same company have paid to the Con- servators the half-yearly payment accrued due from that company under this Act at the then last preceding tw^enty-fourth day of June or twenty- fifth day of December as the case may be. 294. The half-yearly payments to be made as aforesaid by the metro- politan water companies * the West Surrey Water Company and the South \^'est Suburban Water Company respectively shall be made without deduction and all sums so paid shall in the hands of the Conservators be free from all parliamentary parochial and other general and local taxes rates and assessments whatever. 295. [^Poiver of intersale hy the metropolitan vxiter companies. Super- seded by 2 Ed^lJ. 7, c. 41.] 296. Subject to the provisions of this Act contained in the section thereof whereof the marginal note is " Power of intersale by metropoUtan water companies " the metropolitan water companies * the West Surrey Water Company and the South West Suburban Water Company respectively shall not unless and until otherwise authorised so to do by Parliament take a quantity of water from the Thames in any day of twenty-four hours calculated from midnight to midnight greater than the quantity which such company might hav^e lawfully taken in any such day on or before the fifth day of April one thousand eight hundred and niuety-foiu-. [These j^rovisions are varied hy several of the vxtter companizi Now the Metropolitan Water Board. See 2 Edw. 7, c. 41. '[57 & ;>S Vict.] Thames Conservancy/ Art 1804. [Chap, clxxxvii.] 1035 later Acta — viz. East London Watfirirorka Act 1000, s. 26 ; Lamheth Water- works Act 1900, s. 22; SoatUirark t(: Vauxhall Wafer Act 1898, ««. 15 ■and 16 ; and the West Jfiddlesex Waterworks Act 1899, s. 21.] 297. — (1) The metropolitan water companies* tin- West Surrey As to ascer- Water Company and the South West Suburban Water Company taming respectively shall at the cost of them respectively witliin one year '^va^^e/ta^en from and after the passing of this Act provide and thereafter maintain [torn TLames. in good working order suitable appliances to be approved by the Con- servators for measuring or otherwise ascertaining the quantity of water taken by sucli companies respectively from every source of supply of such companies respectively from the Thames. (2) The metropolitan water companies * the West Surrey Water Company and the South West Suburban Water Company respectively shall in every week after pioviding any such appliances make to the Conservators a correct return in writing of the total quantity of water taken on each day calculated as aforesaid in the week ending at midnight on the Saturday then last from every source of .supply of .such company in respect of w^hich such appliances shall have been provided. (3) The engineer of the Conservators shall and any other person from time to time thereunto authorised by the Conservators under the hand of the chairman of the Con.servators or the .secretary shall at all reasonable times have access to all or any part of the premises of the metropolitan water companies * the West Surrey Water Company and the South West Suburban W'ater Company i-esjiectively for the purpo.se of inspecting all or any such appliances and of checking the returns made by such companies respectively and the said companies respectively shall give to such engineer or other person all necessary facilities for inspecting and checking as aforesaid. (4) In case any dispute shall arise between the Conservators and any company with leference to the appliances to be provided as afore.said or to the condition of any ap2)liances provided by such company or to the correctness of any return by this section required to be made by such company the matter shall be referred for detei-mination to the arbitration of an engineer to be appointed by the Board of Trade on the application of either of the parties to such dispute. 298. Where any person is entitled under any Act of Parliament grant Acquisition custom or otherwise to any right of abstracting or appropriating water ''.^ a^eement which might otherwi.se flow or find its wav into the Thames it shall be u"^ \.° lawful for any such person on the one hand and the Conservators or any ^vater from other person on the other hand to enter into and carry into effect an the Thames, agreement or agreements for the conveyance of such right to the Con- servators and eveiy such right may be conveyed to the Conservators by deed and shall as from the date of such conveyance be ab.solutely ex- tinguished to the intent that such water shall thereafter be allowed to dow into the Thames : And it shall be lawful for any of the metropolitan water companies* to make conti-ibutions out of their capital or revenue for or in aid of the acquisition and e.xtinguishment of any such right and for the Conservators to accept such contributions and contributions from any other pei-son and to employ such contributions for or in aid of the acqui.^ition and ex tinguishment of any such right. 299 — 313. {^Provisions relating to the Watermen's Company.] * Now the MetropoHtan Water Board. See 2 Edw. 7, c. 11. 1036 [Chap, clxxxvii.] Thames Conservancy Act 1894. [.57 & .58 Vict.} The SCHEDULES referred to in the foregoing Act. THE FIRST SCHEDULE. Acts under which the Conservator's exercised Statutory Powers imiaediately before the passing of this Act. Part I. \_The Thames Conservancy Arts 1857 and 1864, the Thames Naviga- tion Act 1866, and the London County Council (General Powers) Act 1893 (cited in this Act as the Acts of 1857, of 1864, of 1866, and of 1S9S respectively)^ being Acts wholly repealed by this Act, except the Act of 1893, which is repealed only as to ss. 3 and 4.] Part. IL [21 Jas. 1, c. 32, 24 Geo. 2, c. 8, 11 Geo. 3. c. 45, 15 Geo. 3, c. 11, 28 Geo. 3, c. 51, 35 Geo. 3, c. 106, and. 52 Geo. 3, c. xlvii. (cited in this Act as the Acts of 1623, of 1750, of 1771, of 1775, of 1788, o/1795, and of 1812 (c. xlvii.) respectively), and all being Acts lohich are njholly repealed by this Act.^ Part III. [30 Geo. 2, c. 21, 39 Geo. 3, c. Ixix., 42 Geo. 3, c. xlix., 43 Geo. 3, c. cxxiv., 45 Geo. 3, c. Ixiii., 47 Geo. 3 (s«?s.s\ 2), c. xxxi., 10 Geo. A, c. cxxiv., 4 & 5 Will. 4, ('. 32, 8 e^ 9 Vkt. c. 86, 12 & 13 Vict. c. 90, 14 Geo. 3, c. 91, 17 Geo. 3, c. 18, 50 Geo. 3, c. cciv., 52 Geo. 3, c. xlvi., 54 Geo. 3, c. ccxxiii., 5 (?eo. 4, c. cxxiii., 8 Vict. c. i., 30 Vict. c. ci., 33 & 34 Vict. c. cxlix., 41 & 42 Vict. c. ccxvi., 46 & 47 Fict c. Ixxix., 48 & 49 Vict. c. 76 (cited in this Act as the Acts o/1756, o/1799, of 1802, of 1803, o/' 1805, of 1807, of 1829, of 1834, of 1845, o/ 1849, cf 1774, o/ 1777, 0/I8I6, 0/I8I2 (c. xlvi.), 0/1814, 0/1824, q/1845, of 1867, 0/ 1870, of 1878, 0/ 1883, and o/1885 respectively), being Acts tvhich are wholly repecded by this Act, except the Act of 1756, which is repecded ^^ so far as relates to the Thames,^'' the Act of 1799, which is repealed " so far as the same loas immediately before the passing of this Act ccfpable of being executed by the Conservators,^^ tJte Act of 1845, which is repecded only as to s. 139, and the Act of 1849, ivhich is repealed only as to s. 42.] *^* ///, the foregoing Schedule — The Acts mentioned in Part I. are the principcd Acts irhich related to the constitution of the Cotiservators immediately before the passing of this Act; The Acts mentioned in Part II. are the p)rincipal Acts under ivhich Commissioners acted in respect of the Thames above the City Stone above Staines Bridge before the Act of 1866 discontinued such Commlssi(mers and put that part of the Thames within the jurisdiction rf the Conservators ; The Acts mentioned in Parts /., //. and III. are those ivhich so far as unrepealed or spent were executed by the Conservators immediately before the passing of this Act ; The Acts mentioned in Part III. are arranged as far as practicable in the following order :~- (1) Acts relating principcdly to the Thames below London Bridge ; (2) Acts relating principally to the Thames between London Bridge and the City Stone above Staines Bridge ; (3) Acts relating to the Thames more or less generally. THE SECOND SCHEDULE. Limits (f the port of London for purposes of this Act. Seaward limit : A line passing straight from a point two statute miles and six furlongs from' the tower on Harwich Naze in the county of Essex to a point four statute miles and seven furlongs from the North Foreland Lighthouse on the North Foreland in the county of Kent such points respectively being in a straight- line between the said tower and lighthouse. Northward limit : A line passing straight from the northern extremity of the said seaward limit- to a point four statute miles and five furlongs from Colne Point in the county of Essex and being in a straight line between the last-mentioned point and the lighthouse on the Maplin Sand thence passing straight to the said lighthouse thence passing straight to the West Shoebury Buoy thence passing straight to a point at low-water mark of ordinary tides at the entrance to Holy Haven Creek in the said county thence passing along the shore at low-water mark of ordinary tides (passing straight across all creeks and inlets) to a point due south of the western point of the entrance to Bill Meroy Creek near Tilbury Fort in the said county and thence passing due north-west to high-water mark of ordinary tides. £57 & 58 Vict.] Thames Comervancy Act 1894. [Chap, clxxxvii.] 1037 Southward limit : A line passing straight from the southern extremity of the said seaward limit to a point four statute miles and five furlongs from the Sheppeylands End near the north-easternmost point of the Isle of Sbeppey in the county of Kent and being in a straight line between the said southern extremity and Sheppeylands End thence passing straight to a point one furlong due north of London Stone at the eastern point of the entrance to Yantlet (Jreek in the said county thence passing straight in a north-westerly direction to low- water mark of ordinary tides thence passing along the shore at low-water mark of ordinary tides to a point due south of the western point of the entrance to the said Bill Meroy Creek and thence passing due south to high-water mark of ordinary tides. Inland limit : High-water mark of ordinary tides from the most westwardly points of the said northward and southward limits respectively to London Bridge throughout the River Thames and the several channels streams and rivers falling into the River Thames between either of the said points and London Bridge. THE THIRD SCHEDULE. \Form, of proxy imper for elections by shipowners, by owners of sailing barges, lighters, and steam tugs, by dockowners, and by v^harjingers.] THE FOURTH SCHEDULE. Maximum Pleasure Boat Tolls. For every steam pleasure boat and passenger steamer . . Eighteenpence Olass 1.— For every sculling boat pair-oared row-boat and skiff and for every randan canoe punt and dingey .... Threepence Class 2. — For every four-oared row-boat (other than the boats enumerated in Class l^i and sailing boat ..... Sixpence Class '^. — For every row-boat shallop over four oars (other than the boats enumerated in Classes 1 and 2) . . . . One shilling For every house-boat uuder fifty feet in length One .shilling and sixpence For every house-boat over fifty feet in length . Two shillings and sixpence The above charges to be for passing once through bj- or over a lock and returning on the same day. In lieu of the above tolls pleasure steamboats or row-boats may be registered on the payment to the Conservators of the under-mentioned sums and shall in consideration of such payment j)ass the several locks free of any other charge from the 1st day of January to the 31st day of December in each year. Per annum. For every steam pleasure boat and steam passenger boat not exceeding thirty-five feet in length . One hundred shillings Ditto above thirty-five feet in length but not exceeding forty-five feet . . . One hundred and fifty shillings Ditto above forty-five feet ...... Two hunilred shillings For every row-boat of Class 1 ....... Forty shillings For every row-boat or yacht of Class 2 Fifty shillings For every row-boat of Class 3 Sixty shillings For every house-boat under fifty feet in length . One hundred shillings Ditto above fifty feet in length . . . One hundred and fifty shillings In computing the tolls eVery number less than the entire numbers above stated is to be charged as the entire number. Every vessel carried in or upon another vessel through by or over any lock to be charged as if separately navigated through by or over such lock but to an extent not exceeding one- third of such maximum tolls. THE FIFTH SCHEDULE. [Forms fur me in connexion toith debenture stock. ^ 1038 [CHAr. 56.] Metropolis Water Act 1897. [60 & 61 Vict.} THE SIXTH SCHEDULE. S^iiiitx annually payahle under this Act hy Water Compayiies to Conservators. Companies. ^The Governor and Company of Chelsea Waterworks 1 The Company of Proprietors of Lambeth Waterworks . I The Grand Junction Waterworks Company . ^"l The Southwark and Vauxhall Water Company The Company of Proprietors of the West Middlesex Waterworks ^The East London Waterworks Company The West Surrey Water Company The South West Suburban Water Company Amoiints of Annual Fayniente. £ .3,169 3,357 3,378 3,378 3,378 2,840 50* 115 * Note. — If the West Surrey Water Company in any year take from the Thames a quantity of water exceeding an average daily quantity of 500,000 gallons the amount of that Company's annual payment shall in that year and thereafter be lOOZ. if exceeding an average daily quantity of 1,000,000 gallons the amount aforesaid shall be 150?. and so on. \The amounts referred to hi this Schedule are now considerahly increased. See the annual rejjort of the Metropolitan Water Board for the year ended ?>\st March 1906, made j)ursuant to s. 28 of 2 Edw. 7, c. 41.] THE SEVENTH SCHEDULE. Agreemeids under ivhich Water Companies jmy annual sums to Conservators. Dates of Agreements. 17th June 1852 23rd December 1886 24th June 1851 2.3rd December 1886 23rd June 1852 23rd December 1886 1st July 1852 . 23rd December 1886 22nd June 1852 23rd December 1886 22nd October 1888 . Parties to Agreements. The Governor and Company of Chelsea Waterworks f and the Common Council. The same and the Conservators. The Company of Proprietors of Lambeth Waterworks f and the Common Council. The same and the Conservators. The Grand Junction Waterworks Company f and the Common Council. The same and the Conservators. The Southwark and Vauxhall Water Company f and the Common Council. The same and the Conservators. The Company of Proprietors of the West :Middlesex Waterworks f and the Common Council. The same and the Conservators. The South West Suburban Water Company and the Conservators. 60 & 61 VICTORIA. A.D. 1897. An Act to amend Companies. THE CHAPTER 50. Law respecttno the Metropolitan Water [Qth Aiigust 1897.] Complaint 1.— (L) Any water consumer or any local authority may complain to may be made ^he Railway and Canal Commission that any of the metropolitan water to Eailway companies has failed to perform some statutory duty of the company, and the Commission may hear and determine that complaint, and if satisfied and Canal Commission of such failure order the company within the time limited by the order to- t Now the Metropolitan Water Board. See 2 Edw. 7, c 41. [60 & 61 Vict.] Metropolis Water Act IS^Jl. [Chap. 56.] 1039 fulfil the duty, and ixiay, if they think fit, by any such order, impose any penalty for such faihu-e which can be imposed under any Act, and enforce any such order in like manner as any other order of the Commission. (2.) If at any time complaint as to the quantity or quality of the water supplied by any of the metropoHtan water companies fur domestic use* in made to the Eailway and Canal Coramiasion, by any water consumer or local authority, the Commission may hear and determine such complaint, and if satisfied that the comphiint is well founded, may order the company, within such reasonable time as is specified in the order, to remove the ground of such complaint, and may enforce such oider in like manner as any other order of the Commission, and may award damages to the complainant. (3.) All enactments relating to the Railway and Canal CommLssion (except section two of the Railway and Canal Traffic Act, 1894, which .^7 i: 58 Vict, restricts the }>ower to awaid costs) shall, with the necessary modifications, ^- '^^' apply to the Railway and Canal Commission for the purjiose of their jurisdiction under this Act. (4.) Tliis Act shall be in addition to and not in substitution for any existing jtroceedings or remedy. 2. A local authority may aid any water consumer in obtaining the Power of determination of any question which ajtpeax's to the local authoiity to be ^^^^.^l autho- of interest to water consumers within the district of such local authority "^'^ les to aid with respect to the rights, duties, and liabilities of any of the metropolitan consumers, water companies in reference to the quantity or quality of water sup- plied or the charges made by them. A local authority aiding any legal proceedings under this section may, if the court think fit, be made a party to the proceedings, and shall be liable for costs accordingly. 3. The Metropolis Water Act, 1852, and the Metropolis Water Act, Extension to 1871, shall, as respects the metropolitan water companies, extend to the ^'hfle water whole of the area within which anv of the companies is for the time being ^^^^-^^ 1 I _ o afl.iptation authorised to supply water, and for the ]»urpose of the said Acts as so ^f Metropolis extended reference to that area shall be substituted for references to " the Water Acts. metropolis " and " the limits of this Act," and as respects any area outside \'> Sc 16 Vict. the administrative county of London a reference to the council of a c. >^4. county or county borough shall be substituted for a reference to the ^"^ "^^^ ^^^*^'- metro])olitan authority, and so much of the said Acts or of any local Act as is inconsistent with such substitution shall be and is hereby rej^ealed. 4. The Railway Commissioners shall include in their annual report a Return of return of all proceedings taken before them under this Act. proccedmgs 5. In this Act, unless the context otherwise requires, — Definitions The expression " metropolitan water companies " means the water com)»anies+ sj)ecified in section three of the Metropolis Water Act, 34 k 35 Vict. 1871, namely; the New River Company, the East London Water- *-'• ^^•^■ works Company, the Southwark and Vauxhall Water Company, the Comjtany of Proju'letors of the West Middlesex Waterworks, the Company of Proprietors of Lambeth Waterworks, the (.Governor and Comjiany of Chelsea Waterworks, the Grand Junction Water- works Company, and the Company of Proprietors of the Kent Waterworks : The expression " water consumer " means any i>erson who is supplied with water by any of the metropolitan water com{)anies, or who pays or is liable to pay any money charged by any of those com- panies for or in respect of the supply of water, whether under the name of rent, rate, or otherwise, and inchules any householder or owner or occupier of a house entitled to make a comnnniication with the mains or ])ipes of any of those comjianies : Provided that nothing in this Act shall affect tlie terms of any agreement existing * See footnote on s. 50 of 54 & 55 Vict. c. 70. f Now the Metropolitan Water Board. See 2 Edw. 7, c. 41, lOiO [Chap. 59.] Housing of the Working Classes Act 1900. [63 & 64 Yict.] Short title and com- mencement. at the time of the passing of this Act between a water company and a water consumer as to the supply of water : The expression " local authority " means the council of any county, borough, or district, the mayor, aldermen, and commonalty of the City of London, and any vestry,* district board,* or local board of health * in the county of London. 6.— (1.) This Act may be cited as the Metropolis Water Act, 1897. (2.) This Act shall come into operation on the first day of September next after the passing thereof. Short title. Date of holding quarterly meeting of county councils. 54 & 55 Vict. c. 68. Extent of Act. 63 & 64 VICTORIA. A.D. 1900. CHAPTER 13. An Act to amend the County Councils (Elections) Act, 1891. [\Qth July 1900.] 1. This Act may be cited as the County Councils (Elections) Amendment Act, 1900. 2. In any year, which is not the year of election of county councillors, the ordinary day of election of the chairman , . . referred to in sub- section (3) of section one of the County Councils (Elections) Act, 1891, may, notwithstanding anything in that subsection, be such day in the months of March, April, or May as the county council shall from time to time determine. \^Part omitted (as to the day for holding quarterly meetings) not apjMcahle to London.^ 3. This Act shall not apply to Scotland or Ireland. Exercise of powers out- side district. 53 & 54 Vict. c. 70. Provisions as to metro- politan borough councils. Accounts. CHAPTER 59. An Act to amend Part III. of the Housing of the Working Classes Act, 1890. [^th August 1900.] 1. Where any council, other than a rural district council, have adopted Part Three of the Housing of the Working Classes Act, 1890 (in this Act referred to as " the principal Act "), they may, for supplying the needs of their district, establish or acquire lodging houses for the working classes under that part outside their district. ii. ... ... (3.) The principal Act is hereby repealed to the extent mentioned in the third column of the Schedule to this Act. [^Part omitted [as to the adojMou of Part III. of the principal Act by rural district councils). Not appMcahle to London.] 3. — (1.) Any expenses incurred by the council of a metropolitan borough under Part III. of the principal Act, whether within or without the borough, shall be defrayed as part of the ordinary expenses of the council, and in that Act the expressions " district," " local authority," and "local rate " shall, for the purposes of Part III. of the Act, include a metro- politan borough, the council of the borough, and the general rate of the borough. (2.) Where the council of a metropolitan borough adopt Part III. of the principal Act, the power of the council to borrow for the purposes of that part shall be exerciseable in the like manner and subject to the like conditions as the power of the council to borrow for the purposes of Part II. of that Act. 4. Where land acquired by a council under Part III. of the principal Act is appropriated for the purpose of re-housing persons displaced by the council under the powers of any other part of that Act or of any other * Now tlie councils of the metropolitan boroughs. See 62 & 63 Vict. c. 14, s. 4. [G3 & 64 Vict.] Jlouainy of the Working Classes Act lOOU. [Chap. 50.j 1^41 enactment, the receipts and exjx'nditure in respect of that land (including all costs in respect of the acipiisition and laying out of the land), and of any buildings erected thereon, may be treated as receipts and ex- penditure under that part or enactment, but shall be accounted for under a separate head. 5. — (1.) The local authority, if not a rural district council, with the consent of the Local Government Board, and if a rural district council with the consent of the county council, may lease any land acquired by them under and for the purposes of P.irt III. of the principal Act to any les.see for the purpose and under the condition that the le.ssee will carry the Act into execution by building and maintaining on the land lodging houses within the meaning of the Act ; and the local authority shall in.sert in every lea.se all necessary jtrovisions f(U- insuring the u.ser of the land and buildings for lodging houses within the meaning of the Act, and in particular the local autliority shall insert in anylea.se provisions binding the les,see to build on the land as in the lea.se prescribed, and to maintain and repair the buildings, and .securing the use of the buildings exclusively as lodging houses within the meaning of the Act, and prohibiting any addition to or alteration of the character of the buildings without the con.sent of the local authority ; and also a provision for the re-entry of the local authority on the land on the breach of any of the terms of the lease ; and everv deed or instrument of demi.se of the land or buildings shall be endor.sed with notice of this sub.section. Provided that i)i the case of a coimcil in London, the consent of a Secretary of State shall he substituted for the consent of the Local Govern- ment Board. [See 53 it 54 Vict. c. 70, s. 8 and note thereon.^ (2.) Sections .sixty-one and .sixty-two of the principal Act shall not extend to any lodging house to which this section applies. 6. [^I^oirers of county council to act on default of rural council. Xot applicable to London.^ 7. Where land is acquired under Part III. of the principal Act other- wise than by agreement, any question as to the amount of compensation which may arise shall in default of agreement be determined by a .single arbitrator to be appointed and removable by the Ix)cal Government Board, and subsections (5), (7), (8), (IC)? '^^^*^ (1^) ^^ section forty-t)ne of the Act shall apply as in the case of an arbitration under that .section. Provided that in the case of a council in London a Secretary of State shall be substituted for the Local Government Board. [See 53 r- -^ 1042 Chap, cclxxi.] , ^ •'' . ^ i . ir...i ''^ fl Edw. 7.1 •- -J and Improcements) Act 19Ul. i- '• ' J ■Short title. For pro- tection of Postmaster- General. Improcements) 1 EDWARD VII. A.D. 1901. CHAPTER CCLXXI. *An Act to enable the London County Council to construct new Tramways and to reconstruct and alter Tramways in the County of London to work Tramw^ays by electric Traction AND TO MAKE StREET IMPROVEMENTS AND FOR OTHER PURPOSES. [llth August 190L] 1. This Act may be cited as the London County Council (Tramways and Improvements) Act, 1901. 19. — (a) Notwithstanding anything in this Act contained if any of the works authorised to be executed Ijy this Act involves or is hkely to involve any alteration of any telegraphic line belonging to or used by the Post- master-General the provisions of section 7 of the Telegraph Act 1878 shall apply (instead of the provisions of section 30 of the Tramways Act 1870) to any such alteration. (b) In the event of any tramways of the Council being worked by electricity the following provisions shall have effect : — (1) The Council shall con.>truct their electric lines and other w'orks of all descriptions and shall work their undertaking in all respects with due regard to the telegi-aphic lines from time to time vised or intended to be used by HLs Majesty's Postmaster- General and the currents in such telegi-aphic lines and shall u.se every reason- able means in the construction of their electric Hues and other works of all descriptions and the working of their undertaking to prevent injurious aflection whether by induction or otherwise to such telegraphic lines or the currents therein Any difference which arises between the Postmaster-General and the Council as to compliance with this subsection shall be determined by arbitration : (2) If any telegraphic line of the Postmaster-General is injuriously affected by the construction by the Council of their electric lines and works or by the woi'king of the undertaking of the Council the Council shall pay the expense of all such alterations in the telegraphic lines of the Postmaster-General as may be necessary to remedy such injurious affection : (3) Before any electric line is laid down or any act or work for working the tramways by electricity is done within ten yards of any part of a telegraphic line of the Postmaster-General (other than repairs) the Council or their agents not more than twenty-eight nor less than fourteen days before commencing the work shall give written notice to the Postmaster-General specifying the course of the line and the nature of the work including the gauge of any ware and the Council and their agents shall conform with such reasonable requirements (either general or special) as may from time to time be made by the Postmaster-General for the purpose of preventing any telegraphic line of the Postmaster- General from being injuriously affected by the said act or work Any difference which arises between the Postmaster-General and the Council as to any requirement so made shall be determined by arbitration : ^4) If any telegraphic line of the Postmaster- General situate within one mile of any portion of the works of the Council is injuriously affected and he is of opinion that such injurious affection is or may be due to the construction of the Council's works or to the * The sections of this Act set out here are in the nature of common form sections appearing or incorporated in many of the Council's private tramway Acts set out in this work. 1 n iT-r.-.r --1 Lomf on County Council (Iramwatfs rf< i ■ •^ ^,.,ses the Postmaster-General may give notice to tin- Council recpiiring them to make at such times as he may specify such experiments (by working their generating stations running their cai-s or otherwise working any part of their undertaking or in case of continuous working by stopping the current generated for the pui poses of their UTidertaking at such times as would not unduly interfere with the tratiic) as he may deem necessary to enable him to discovei- which of the luidertakings causes the lUsturbance and such experiuients shall bo carried out by the Council as and when required by the Postmaster-General : ((6) In the event of any contravention of or wilful non-compliance with this section by the Council or their agents the Council shall l>e liable to a tine not exceeding ten pounds for every day during which such contravention or non-compliance continues or if the telegraphic communication is wilfully inteirupted not exceeding fifty pounds for every day on whicli such interruption continues : (7) Provided that nothing in this section shall subject the Council or their agents to a fine under this section if they satisfy the court having cognisance of the case that the immediate doing of any act or the execution of any work in re^pect of which the penalty is claimed was required to avoid an accident or otherwise was a work of emergency and that they forthwith served on the past- master or sub-postmaster of the postal telegraph ofKce nearest to the place where the act or work was done a notice of the execution thereof stating the reason for doing or executing the same without })revious notice : (8) For the purposes of this section a telegraphic line nf the I'ostmaster- Geueral shall be deemed to be injuriously affected by an act or work if telegraphic communication by means of such line is whether through induction or otherwise in any manner affected by such act or work or by any use made of such work : (9) For the purposes of this section and subject as therein provideil sections 2 10 11 and 12 of the Telegraph Act 1878 shall be deemed to be incorjuaated with this Act: (10) The expression "electric line" has the same meaning in this section as in the Electric Lighting Act 1882 : (11) Any question or difference arising vnider this >ection which i> directed to be deterudned by arbitration >hall \k' determined by an arbitrator appointed by the Board of Trade on the application of either party whose decision shall be final and sections 30 to 32 botli inclusive of the Regulation of Railways Act 18(18 shall apply in like manner as if the Covmcil or their agents were a company within the meaning of that Act : (12) Nothing in this section contained shall be held to deprive the Postmaster-General of any existing right to proceed against the 1044 rri ^ ■ -\ IjOvdoii Couiitu Council (Trumways Chap, cclxxi. , j * \ \ * irun L J and I tn pro cement s) Act Vd^n. [1 Edw. 7.] Council by indictment action or otherwise in relation to any of the matters aforesaid : (13) In this section the expression "the Council" includes their lessees and any person owning woiking or running carriages on any of the tramways of the Council. Streets may be raised or lowered. Deviation from line and levels. 29. Subject to the provisions of this Act the Council may for the purposes of and in connexion with the improvements alter the line or level of any of the streets and places described on the deposited plans or sections as intended to be diverted raised or lowered in the manner shown on such plans or sections. 30. In making any of the works for or connected with the improve- ments the Council may subject to the provisions of this Act deviate to any extent from the line thereof within tlie limits of deviation defined on the deposited plans and the Council may subject to the provisions of this Act deviate to any extent from the levels thereof defined on the deposited sections not exceeding three feet from the levels thereof as defined on the said sections. Carriage- way foot- way sewers and other works. Directing bow pave- ment shall be laid and made. Sewers or drains to be arched over or filled up. 32. Subject to the provisions of this Act the Council may cause such parts of the im])rovements to be laid out for carriageway (including where authorised by this Act the laying of a tramway) and such parts thereof for footway as they may think proper and may upon the lands acquired by or vested in them under the powers of this Act and within the limits of deviation defined on the deposited plans construct erect and provide such vaults cellars arches sewers drains subways and other works and con- veniences as they may think proper for the purposes of the improvements. 33. The Council shall for the purposes of and in connexion with the improvements in a substantial and workmanlike manner fill or cause to Ije filled in all and every the vaults cellars and open places over which it may be necessary to new pave (except such as are capable of being used as cellars vaults or areas) with good sound hard brick or other rubbish to be well rammed down to prevent the ground from giving way and shall well and efiectually pave over all the said ground with a sufficient quantity of materials of proper quality and dimensions and shall in like manner erect and build any underground arches which they may think necessary and also relay and repair the streets which they may disturb or alter in carrying the purposes of this Act into execution Provided always that nothing herein contained shall extend or be construed to extend to charge the Council with the liability or expense of repairing or making good such pavement or arches in future but when the same shall hav^e been in the first instance so paved relaid erected built and repaii-ed as aforesaid the .same shall for ever thereafter be kept in repair by the authority in whom the management and repair of the street are vested or by any other parties or persons liable to repair the same. 34. The Council may cause to be removed arched over or filled up all such sewers or drains or parts thereof which shall be in or near the streets to be interfered with for the purposes of the improvements as shall ajapear necessary for executing the purposes of this Act but so that no pubhc sewer or drain (unless the same become unnecessary by reason of the purchase of the property entitled to the use thereof) shall be in anywise disturbed injured or prejudiced without another sewer or drain being made in lieu thereof equally serviceable and convenient Provided always that before removing or filling up any sewer or drain or part thereof as aforesaid the Council shall (where necessary) cause to be made and built other good and sufficient sewers and drains in substitution for the sewers or drains which .shall be filled u{) and when made and completed the said sewers and drains shall be under the same' jurisdiction care management and direction as the existing sewers or drains. n Edw 7 1 J^omlon Coiudy Council {Tramway » ... , . -, 35. Tho Council within the limits of deviiition defineil on the def>osited I'ower to pl;in8 nmy for tin- purposes of ami in connexion with the imi>rovements ''^^^''" ^^^V^ raise sink or otherwise alter or cause to ho altt-red tht; position of any of ^f^^ V^\^* the steps ai-eas cellars cellar-flaps {^ratings fencings windows and water- courses pipes or s])Outs helonging to any house or Iniilding anei"Son who sufl'ers damage by any such alteration. 38. The Council may sell or dispose of all building and other materials Power to sell of any houses and buildings accpiired bythem under tlu' powers of thus materials. Act and all lamp-posts paving metalling and materials in under or upon any road street or other j)lace altered by them for the purposes of this Act and any materials obtained in the alteration of or interference with any drain or sewer which are vested in the Council under the powers of this Act. 42. If any omission misstatement or erroneous description shall have C'Drrection been made of any lands or of the owners lessees or occupiers of any lands of erroi-s etc. t on the deposited plans or in the deposited book of reference the Council '"'^®^^'^''j5*^ may after ten days' notice to the owners lessees and occupiers of the \J^)^;^ „f lands affected by the proposed coi-rection ap{)ly to a metropolitan police reference, magistrate for the correction thereof and if it shall appear to such magis- trate that such omission misstatement or erroneous description arose from mistake he shall certify the same accordingly and he shall in such certifi- cate state the particulars of any such omi.ssion and in what respect any such matter shall have been misstated or erroneously described and such certificate shall be deposited with the clerk of the peace for the county of London and shall be kept by such clerk of the peace along with the other documents to which it relates and thereupon such plans or book of reference shall be deemed to be corrected according to such certificate and the Council may take the lands in accordance with such certificate. 43. The Council and their surveyors officers and workmen and any Power to person duly authorised in writing under the hand of the clerk of the '-'•'"n^-'il to Council may from time to time at all reasonable times in the e one half of the costs of the proceedings before the sheriff (including the costs of summoning empaiuielliug and retui-ning the jury and of taking the inquiry and in recording the verdict and judgment therein) shall be defrayed by the person with whom the Council shall have such stion and the remaining half shall be defrayed by the Council anything in the Lands Clauses Consolidation Act 1845 to the contrary notwithstanding Provided that it shall be lawful for any Judge of the High Court to permit anv claimant after seven days' notice to the Council to amend the statement in writing of the claim delivered by him to the Council in case ,,, .^ rn 1 • -1 London Countii Councd (Iratmnays r, -r.^^^ - 1 1046 KhAP. cclxxi.l J J ■' , N ,1 . loni ^ iiiDW. /.J L J ^^(^,^(i improvements) Act lUOl. '- -' of discovery of any error or mistake therein or for any other reasonable cause such eri-or mistake or cause to be established to the satisfaction of the Judge after hearing the Council if they object to the amendment and such amendment shall be subject to such terms enabling the Council to investigate the amended claim and to make an offer de novo and as to postponing the hearing of the claim and as to costs of the inquiry and otherwise as to such Judge may seem just and proper under all the circumstances of the case Provided also that this section shall be a]iplicable only in cases where the notice to treat under the Lands Clauses Consolidation Act 1845 either contained or was endorsed with a notice of the effect of this section. Alteration 48. The Council may for the purposes of this Act upon the lands of position of acquired by them under the powers of this Act and also in any street and other wit.hin the limits of deviation defined on the deposited plans or m which pipes. Jiny tramways are authorised to be made or reconstructed under the powers of this Act raise sink or otherwise alter the position of any watercourse water pipe or gas pipe belonging to or connected with any house or building and also any main pipe or apparatus laid down or used by any company or person for carrying a supply of water or water for hydraulic power or gas and also any pipe tube wire or apparatus laid- down or placed for telegraphic or other purposes and any pipe tube wire or apparatus laid down or placed for supplying electricity and may remove any other obstruction making proper substituted works during any altera- tion and causing as little detriment and inconvenience as circumstances admit to any company or person and making reasonable compensation to any company or person for any damage caused by any such alteration Provided always that before the Council alter the position of any main pipe or apparatus laid down or used by any such company or person they shall (except in cases of emergency) give to the company or person to whom the same belongs notice of their intention to do so specifying the time at which they will begin to do so such notice to be given seven days at least before the commencement of the work foi- effecting such alteration and such work shall be done under the superintendence (at the expense of the Council) of the company or person to whom such pipe or apparatus belongs unless such company or person refuses or neglects to give such superintendence at the time specified in the notice for the commence- ment of such work or discontinues the same during the execution of such work and the Council shall execute such work to the reasonable satis- faction of the engineer of such company or person Provided also that the Council shall not cause any street to be lowered or raised nor the position of any water or gas main or other pipe to be altered so as to leave over such main pipe or apparatus in any part a coveiing of less than two feet where the covering now existing is not less than two feet unless the Council shall in such case protect the same pipes from frost or injury by artificial covei-ing to the satisfaction of the engineer of such company or person or more than six feet where the covering now existing does not exceed six feet or more than such existing covering where the same exceeds six feet unless the Council in such case provide special means of access to the same to the satisfaction of the engineer of such company or person : If any difference arise between the Council or their engineer and any such company or person or their or his engineer touching the amount of any costs expenses or charges under the provisions of this Act to be paid by the Council to any such company or person or touching any work matter or thing with reference to such mains or other pipes under such pro- visions to be done or executed by the Council or the mode of doing or executing the same such difference shnll be settled by an engineer to be agreed upon by the engineer of the Council and of any such company or person respectively or failing agreement by such engineer as shall on the n 17- - n London Count'/ Counril ((reneral rn ^ ■■-\ -. .-f [1 EdW. ..] ^,^^^^^/^ j^.^ j.^,;^^ [(- HAP. cclxxiu] 1.M7 application of tlie enf;ineer eitlier of the Council or of any such fompany or jterson be named by the president for the time being of the Institution of Civil Engineers : Provided also that the Council shall not raise sink or otherwise alter the position of :iny pi])e tube wne or apparatus laid down for telegraphic or other purposes and belonging to the P"'' levels, plans and the Council may subject to the provi>ions of this Act deviate to any extent from the levels thereof defined on the deposited sections not exceedinj; three feet from the levels thereof as detineil on the sjud sections. 'o * The sections of this Act set out here are in the nature of common form sections appearins: or incorporated in many of the London County Council's private Acts contained in this work and autliorising street imjuovements. 1048 [Chap, cclxxi'i.] London County Council {(jeneral Poivers) Act 19U1. [1 Edw. 7.] Alteration of electric lines. Carriage- way footway sewers and other works. Directing how the pavement shall be laid and made. 13. Where the Council widen or alter any street in which an electric line is laid under the powers of any Act or Order the owners of such line may make such alteration in the position of such line as may be reasonably necessary subject to such provisions (so far as applicable) as apply in the case of altei'ing such line under their existing powers and any costs reason- ably incurred by the owners of such line in such alteration shall be defrayed by the Council. 14. Subject to the provisions of this Act the Council may cause such parts of the improvements to be laid out for cairiage-way and such pai'ts thereof for footway as they may think proper and may upon the lands acquired by or vested in them under the powers of this Act and within the limits of deviation defined on the deposited plans construct erect and provide such vaults cellai-s arches sewers drains subways and other works and conveniences as they may think proper for the purposes of the improvements. 15. The Council shall for the purposes of and in connexion with the improvements in a substantial and woi'kmanlike manner fill or cause to be filled in all and every the vaults cellars and open places over which it may be necessary to new pave (except such as are capable of being used as cellars vaults or areas) with good sound hard brick or other rubljish to be well rammed down to prevent the ground from giving way and shall well and efiectually pave over all the said ground with a sufficient quantity of materials of proper quality and dimensions and shall in like manner erect and build any underground arches which they may think necessary and also relay and repair the streets which they may disturb or alter in carrying the purposes of this Act into execution Provided always that nothing herein contained shall extend or be construed to extend to charge the Council with the liability or expense of repairing or making good svTch pavement or arches in future but when the same shall have been in the first instance so paved relaid erected built and repaired as aforesaid the same shall for ever thereafter be kept in repair by the authority in whom the management and repair of the street are vested or by any other parties or })ersons liable to repair the same. 16. The Council may cause to be removed arched over or filled up all such sewers or drains or parts thereof which shall be in or near the streets to be interfered with for the purposes of the improvements as shall appear necessary for executing the p^^r})oses of this Act so as that no public sewer or drain (unless the same become unnecessary by reason of the purchase of the property entitled to the use thereof) shall be in any wise disturbed injured or pi-ejudiced without anothei- sewer or drain being made in lieu thereof equally sei'viceable and convenient Provided always that before removing or filling up any sewer or drain or part thereof as aforesaid the Council shall (where necessary) cause to be made and built other good and surticient sewers and drains in substitution for the sewers or drains which shall be filled upj and when made and completed the said sewers and drains shall be under the same jui-isdiction care management and direction as the existing sewers or drains. 17. The Council within the limits of deviation defined on the deposited plans may for the purposes of and in connexion with the iuq^rovements raise sink or otherwise alter or cause to be altered the position of any of the steps areas cellars cellar-flaps gratings fencings windows and water- courses pipes or spouts belonging to any house or building and may remove all other obsti-uctions so as the same be done with as little delay and incon- venience to the inhabitants as the circumstances of the case will admit and the Council shall make reasonable compensation to any person who sufl'eis damage by any such alteration. Period for 19- If the improvements be not completed within the period of five completion years from the passing of this Act then on the expiration of that period of improve- tiie ijowers of the Council under this Act for the execution of the said ments. Sewers or drains to be arched over or filled up. Power to alter steps areas pipes etc. ,, n -T London toant>t (ouncil (General r,, , •• -i i..4r. 1 I'jinv. ,.\ ,, < . - if,,M [Chap, cclxxii, I h)VJ '- -J I'otrrrs) Act 1'.*<»1. ^ -i improvements shall cease (except so far as the same shall then have been completed). 21. The Council may sell or dispose of all Iniilding and other materials Power of any houses and buildings acquired by them under the powei-s of this Act ^'^ ''*^'l and all lamp-posts paving nii'tullinj^ and materials in under (jr u|Mm any road street or other place altered by them for the purposes of this Act and any materials ol)tained in the alteration of or interference with any drain or sewer which are vested in the Council under the powers of this Act. 25. If any omission misstatement or erroneous de.scription shall have Correction been made of any lands or of the owners lessees or occupiers of any lands \*^ errors etc. on the deposited plans or in the deposited book of reference the Council ,/ * ^> may after ten days' notice to the owners lessees and occupiers of the lands book of affected by the proposed correction apj)ly to a metropolitan police magi.strate reference, for the correction thereof and if it shall appear to such magistrate that such omission misstatement or erroneous description arose from mistake he shall certify the same accordingly and he shall in >ucli certilicate state the particulars of any such omission and in what respect any such matter shall have been misstated or erroneously described and such certiHcate shall be deposited with the Clerk of the Peace for the county of L(jndon and shall be kept by such Clerk of the Peace along with the other docu- ments to which it relates and thereupon such plans or book of i-eference shall be deemed to be corrected according to such certificate and the Council may take the lands in accordance with such certificate. 26. The Council and their surveyors otticers and workmen and any I'ower to person duly authorised in writing under the hand of the clerk of the Council to Council may from time to time at all reasonable times in the day upon property for giving in writing for the first time twenty-four hours and afterwards from survey and time to time twelve hours previous notice enter upon and into the lands valuation, and buildings by this Act authorised to be taken and used as aforesaid or within the impi'ovement area hereafter defined or any of them for the purpose of surveying and valuing the said lands and buildings without being deemed tres])assers and without being subject or liable to any fine penalty or ])unishnient on account of entering or continuing upon any jmrt of the said lands and buildings. 27- The court or person to whom any question of disputed purchase Costs of money or compensation under this Act is referred shall if so required by ''»^J"'J>f3'ation the Council award and declaie whether a .statement in writing of the certain cases amount of compensation claimed has been delivered to the Council by the claimant giving sullicient particulars and in sutficient time to enable the Council to make a proper offer and if they or he shall be of opinion that no such statement giving sutlicient particulars .shall have been delivered one half of the costs of the arbitration or as the ca.se may be one half of the costs of the proceedings before the sherifl' (including the costs of summoning empannelling and returning the jury and of taking the inquiry and in recording the verdict and judgment therein) shall be defrayed by the per.son with whom the Council shall have such que.stion and the remaining half shall be defrayed by the Council anything in the Lands Clauses Con.solidation Act 184.") to the contrary notwith- standing Providid that it shall be lawful for any Judge of the High Court to permit any claimant after .seven days' notice to the Council to amend the .statement in writinj; of the claim delivered bv him to the Council in ca.se of ihscovery of any error or nnstake therein or for any other reasonable cause such error mistake or cause to be established to the satisfaction of the judge after hearing the Council if they object to the amendment and such amendment shall be subject to such terms enabling the Council to investigate the amended claim and to make an 1050 [Chap, cdxxii.] London County Council (General Powers) Act 1001. [1 Edw. 7. J offer tie novo and as to po>tponing the hearing of the claim and as to costs of the inquiry and otherwise as to such Judge may seem just and proper under all the circumstances of the case Provided also that this section shall be applicable only in cases where the notice to treat under the Lands Clauses Consolidation Act 1845 either contained or was endorsed with a notice of the effect of this section. Compensa- tion in case of insanitary property. Limitation of time for purcliase of lands. 30. The Council may with the approval of the Secretary of State for the Home Department claim in any notice to treat for the pvirchase of any lands intended to be taken for the purpose of this Act — That the lands to which the notice refers are or comprise any houses courts or alleys unfit for human habitation ; That the nan-owness closeness and bad arrangement or the bad con- dition of the streets and houses or groups of houses upon any sucb lands or the want of light air ventilation or proper conveniences or any other sanitary defects or one or more of such causes renders any such lands or any buildings thereon prejudicial to the health of the inhabitants either of the buildings on the said lands or of the neighbouring buildings : And in the event of any such claim then on the occasion of assessing the- amount of compensation payable in respect of such lands the court or person settling the same shall determine whether such lands fall wholly or in part within any of the descriptions herein-before mentioned and if they shall so decide then in assessing the compensation payable under this Act in respect of any such lands evidence shall be receivable by such court or person to prove — (1st) That the rental of any house or premises was enhanced by reason' of the same being used for illegal purposes or being so over- crowded as to be dangerous or injurious to the health of the inmates; (2ndly) That any house or premises are in a state of defective sanitation. or are not in reasonably good repair ; or (3rdly) That any buildings on any such lands are unfit and not reasonably capable of being made fit for human habitation : And if such court or person be satisfied by such evidence then the purchase money and compensation in respect thereof shall be assessed and determined- according to the principles indicated in section 21 of the Housing of the Working Classes Act 1890. The Council shall pay to the Secretary of State a reasonable sum to be fixed by him in respect of any expenses which he may incur in making such inquiries as he may deem necessary in relation to any claim submitted for- his approval under this section. 31. The powers of the Council for the compulsory purchase or taking of lands for the purposes of this Act shall cease after the expiration of three years from the passing of this Act. 32. \Poimr to the Council to lease surplus lands. Identical ivith 62 & 63- Vict. c. ccxxxvii. s. 19.] Council to dispose of lands within a certain period. 34 — 35. [Power to the Couticil to sell land, in the first instance icithout hacing previously granted a lease thereof, and to let or exchange lands. Identical inith 02 & 63 Vict. c. ccxxxvii. ss. 21 — 22.] 36. Any lands acquired by the Council under the powers of this Act except such as are required to form part of any improvement or to be permanently retained for the purposes of tliis Act and except lands on which buildings shall have been erected by the Council in pursuance of the section of this Act of which the marginal note is " Scheme as to accommodation for persons of the labouring class displaced " shall subject to the provisions of any future Act of Parliament be sold or disposed of by the Council within a period of sixty years from the first day of September next after [2 Edw. :.] Education Act 1902. [Chap. 42.] 1051 the pii.ssin,di shall be the local education authority. education ■^ authorities. [Part omitted (proviso that the council of a borom/h with a po/ndation of over 10,0(K) or of an ui-ban district tcith a population of over 20,000 shall be a local edacatioit authority for the purpose of Part HI. of this Act) not applicable to London.] Part II. Higher Education. 2. — (1) The local education authority shall consider the educational Power to needs of their area and take such steps as seem to them de^sirable, after ''"d higher consultation with the Boaid of Education, to supply or aid the supply ^"^'ucation. of education other than elementary, and to promote the general co- ordination of all forms of education, and for that purpose shall apply all or so much as tliey deem necessary of the residue under section one of the Local Taxation (Customs and Exci.se) Act, 1890, ami shall carry forward 53 & 5-1 Vict, for the like pmpose any balance thereof wliich may remain unexpended, ^- ^^■ and may spend such further sums as they think fit. . . . [Part omitted (proviso limiting the rate under this Act to 2d. in the £, or such higher rate as the (Jounty Conncil with the consent of the Local Government Hoard may fix) not applicable to London. See 3 Edw. 7, c. 24, 1st Sch. par. 2.] (2) A council, in exercising their powers under this part of this Act. shall have regard to any existing supply of efficient .-schools or colleges, and to any steps already taken for the purposes of higher education under the "'"i^^'^ '^^ Technical Instruction Acts, 1889 and 1891. [See 3 Edw. 7, c. 24, 1st Sch. sli'^^'ss yjct^ pars. 1 (b) and 10.] c. 4. 3. The council of any non-county borough or urban district shall have Concurrent power as well as the county conncil to spend such sums as they think fit powers of for the purpose of supplying or aiding the supply of educ^ition other than ^"'^^jj't^^g elementary : Provided that the amount raised by the council of a non- ^„^| urban county borough or urban district for the purpose in any year out of rates districts, under this Act shall not exceed the amount which would l)e produced l>y a rate of one penny in the pound. [See 3 Edw. 1, c. 24, ]st Sch.p((r. 1 (6).] 4. — (1) A council, in the application of money under this part of this Religious Act, shall not require that any particular form of religious instruction or instruction, worship or any religious catechism or formulary which is distinctive of any particular denomination shall or shall not be tauglit. used, or practised in any school, college, or hostel aided but not provided by the council, and no pupil shall, on the ground of religious belief, be excluded from or placed in 1052 [Chap. 42.] Education Act 1902. [2 Edw. :.] an inferior position in any school, college, or hostel provided by the council, and no catechism or formulary distinctive of any particular religious denomination shall be taught in any school, college, or hostel so provided, except in cases where the council, at the request of parents of scholars, at such times and under such conditions as the council think desirable, allow any religious instrvictioa to be given in the school, college, or hostel, otherwise than at the cost of the council : Provided that in the exercise of this power no unfair preference shall be shown to any religious denomination. \_See 3 Edio. 7, c. 24, 1st Sch. par. 1 (i).] (2) In a school or college receiving a grant from, or maintained by, a council under this part of this Act, {a) A scholar attending as a day or evening scholar shall not be required, as a condition of being admitted into or i-emaining in the school or college, to attend or abstain from attending any Sunday school, place of religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere ; and (h) The times for i-eligious worship or for any lesson on a religious subject shall be conveniently arranged for the piu-pose of allowing the withdrawal of any such scholar therefrom. Powers and duties as to elementary education. Maintenance of schools. Part III. Elementary Education. 6. The local education authointy shall throughout their area* have the powers and duties of a school board and school attendance committee under the Elementary Education Acts, 1870 to 1900, and any other Acts, including local Acts, and shall also be responsible for and have the control of all secular instruction in public elementary schools not provided by them, and school boards and school attendance committees shall be abolished. [See 3 Ediv. 7, c. 24, s. 2.] 6. — (1) \As to the constitution of managers of jirovicled schools. Not ajyplicahle to London. See 3 Ediv. 7, c. 24, s. 2 (1) and \st Sch. par. 3.] (2) All public elementary schools not provided b}' the local education authority shall, in place of the existing managers, have a body of managers consisting of a number of foundation managers not exceeding four appointed as provided by this Act, together with a number of managers not exceeding two appointed — (rt) where the local education authority are the council of a county, one by tbat council and one by the minor local authority t ; and (6) where the load education authority are the council of a borough or irrhan district, both bij that authority. (3) Notwithstanding anything in this section — (a) Schools may be grouped under one body of managers in manner provided by this Act ; and (Ij) Where the local education authority consider that the circum- stances of any school require a larger body of managers than that provided under this section, that authority may increase the total number of managers, so, however, that the number of each class of managers is proportionately increased. \_See 3 Edw. 7, c. 24, s. 2 (1).] \Words in italics not applicable to London?^ 7.— (1) The local education authority shall mauitain and keep efficient all public elementary schools within their area * which are necessary, and have the control of all expenditure required for that purpose, other than expenditure for which, under this Act, provision is to be made by the • See 3 Edw. 7, c. 24, s. 3 (1). t As regards London, a metropolitan borough council or, io the city of London, the Mavor, aldermen, and commons of the city of Loudon in Common Council. See s. 24 (2), and 8 Edw. 7, c. 24, s. 4 (2) and 1st Sch. par. 1. [2 Euw. :.] Education Act 1002. [Chap. 42.] 1053 manager.s ; but, in the case of a school not provided by them, only .so long as the following conditions and provisions are complied with : — (n) Tlie managers of tlie school shall carry out any directions of the local education authority as to the s< cular instruction to be given in the school, including any directions with respect to the number and educational (|ualifications of the teachers to be eniploy»'d foi- such instr\iction, and for the tlismissal of any teacher on educational grounds, and it' the managers fail to carry out any such direction the locjil education authority .shall, in addition to their other power.s, have the power them.selves to carry out the direction in question as if they were the numagei-s ; but no direction given under this provision shall be such as to interfere with reasonable facilities for religious instruction during school hours ; (^) The local education authority shall have power to in.spect the .school ; (c) The consent of the local education authority shall Vje re(|uired to the appointment of teachers, but that consent shall not be withheld except on educational grounds ; and the consent of the authority shall also be required to the dismissal of a teacher unle.ss the dismissal be on grounds connected with the giving of religious instruction in the school ; (f^) The managers of the school shall provide the .school bouse free of any charge, except for the teacher's dwelling-house (if any), to the local education authority for u.se as a public elementary school, and shall, out of funds provided by them, keep the school hou.se in good repair, and make such alterations and improve- ments in the biiildings as may be reasonably required by the local education authority ; Provided that such damage as the local authority consider to be due to fair wear and tear in the u.se of any room in the school house for the purjKise of a public elementary school shall be made good by the local education authority. (e) The managers of the school shall, if the local education authority have no suitable accommodation in schools provided by them, allow that authority to use any room in the .school hou.se out of school hoiirs free of charge for any educational purpose, but this obligation shall not extend to more than three days in the week. (2) The managers of a school maintained l)ut not provided by the local education authority, in respect of the use by them of the school furniture out of school hours, and the local education authority in re.spect of the use by them of any room in the school house out i>f school hours, shall be liable to make good any damage caused to the furniture or the room, as the case may be, by reason of that use (other than damage arising from fair wear and tear), and the managers shall take care that, after the u.se of a room in the school house by them, the room is left in a proper condition for school purposes. (3) If any question arises under this .section between the local education authority and the managers of a school not provided by the authority, that question shall be determined by the Board of Education. (4) One of the conditions required to be fulfilled by an elementary school in order to obtain a parliamentary grant shall be that it is main- tained under and complies with the provisions of this section. (5) In public elementary schools maintained but not jirovideil by the local education authority, assistant teachei-s and pupil teachers may be appointed, if it is thought fit, without reference to religious creed and denomination, and, in any case in which there are more candidates for the post of pupil teacher than there are places to be tilled, the api>ointment shall be made by the local education authority, and they shall deter- 1054 [Chap. 42.] Education Act 1902. [2 Edw. 7.] Provision of new schools. Necessity of schools. Aid grant. GO & 61 Vict. c. 5. 33 & 34 Vict. c. 75. GO & 61 Vict. c. 16. mine the respective qualifications of the candidates by examination oi- otherwise. (6) Religious instruction given in a public elementarj^ school not provided by the local education authority shall, as regards its character, be in accordance with the provisions (if any) of the trust deed relating thereto, and shall be under the control of tiie managers : Provided that nothing in this subsection shall affect any provision in a trust deed for reference to the bishop or superior ecclesiastical or other denominational authority so far as such provision gives to the bishop or authority the power of deciding whether the character of the religious instruction is or is not in accordance with the provisions of the trust deed. (7) The managers of a school maintained but not provided by the local education authority shall have all powers of management required for the purpose of carrying out this Act, and shall (subject to the powers of the local education authority under this section) have the exclusive power of appointing and dismissing teachers. 8. — ■(!) Where the local education authority or any other persons propose to provide a new public elementary school, they shall give public notice of their intention to do so, and the managers of any existing school, or the local education authority (where they are not themselves the persons proposing to provide the school), or any ten ratepayers in the area for which it is proposed to provide the school, may, within three months after the notice is given, appeal to the Board of Education on the ground that the proposed school is not required, or that a school provided by the local education authority, or not so provided, as the case may be, is better suited to meet the wants of the district than the school proposed to be provided, and any school built in contravention of the decision of the Board of Education on such appeal shall be treated as unnecessary. (2) If, in the opinion of the Board of Education, any enlargement of a public elementary school is such as to amount to the provision of a new school, that enlargement shall be so treated for the purposes of this section. (3) Any tran.sfer of a public elementary school to education authority shall for the purposes of this section provision of a new school. [See 3 Edio. 7, c. 24, s. 2 (2) and (3).] 9. The Board of Education shall, without unnecessary delay, deter- mine, in case of dispute, whether a school is nece.ssary or not, and, in so determining, and also in deciding on any appeal as to the provision of a new school, shall have regard to the interest of secvxlar instruction, to the wishes of parents as to the education of their children, and to the economy of the rates; but a school for the time being recognized as a public elementary school .shall not be considered unnecessary in which the number of scholars in average attendance, as computed by the Board of Education, is not less than thirty. [See 3 Edit: 7, c. 24, s. 2 (2) and (3).] 10. — (1) In lieu of the grants under the Voluntary Schools Act, 1897, and under section ninety-seven of the Elementary Education Act, 1870, as amended by the Elementary Education Act, 1897, there shall be annually paid to every local education authority, out of moneys provided by Parliament — (a) a sum equal to four shillings per scholar ; and (6) an additional sum of three halfpence per scholar for every complete twopence per scholar by which the amount which would be produced by a penny rate on the area of the authority falls short of ten shillings a scholar: Provided that, in estimating the produce of a penny rate in the area of a local education authority not being a county borough, the rate shall be calculated upon the county rate basis, which, in cases where part only of a parish is situated in the area of the local education authority. or from a local be treated as the :[2 Edw. :.] Erhication Art VMy2. [Chap. 42.] 1055 shiiU be apportioned in such iiiiinrK-r as the Hmirtl of Education think just. But if in any year the total amount of parliamentary grants payable to a lotral education aiitliority would make the amount payable out uf other sources by that uutliurity on account of their e.vpenses under this part of this Act less than the amount which would bo produced by a rate of three- pence in the pound, the parliamentary {grants shall be decrea-^^etl, and the amount payable out of other .sources shall be increased by a sum ecjual in each case to half the diileience. (2) For the purposes of this section the number of scholars shall Ije taken to be the number of scholars in averafje attendance, as computed by 'the Board of Education, in puldic elementary schools maintained by the authority. 11, — (1) The foundation managers of a .school .shall be managers Foundation appointed under the provisions of the tru.st deed of the .school, but if it Ls nianagers. shown to the satisfaction of the Board of Education that the provisions of the trust deed as to the appointment of managers are in any respect inconsistent with the provisions of this Act, or insufticient or inapplicable for the |)urpose, or that there is no such tru.st deed available, the Board of Education shall make an order under this section for the pur[>ose of meeting the case. (2) Any such order may be made on the application of the exi.sting owners, trustees, or managers of the school, made within a period of three months after the pas.sing of this Act, and after that period on the appli- cation of the local education authority or any other person interested in the management of the school, and any such order, where it modifies the trust deed, shall have effect as part of the trust deed, and where there is no trust deed shall have efiect as if it were contained in a trust deed. {See 3 Echo. 7, c. 24, \st Sch. par. 10.] (3) Notice of any such application, together with a copy of the draft tinal order proposed to be made thereon, shall be given by the Board of Education to the local education authority and the existing owners, trustees, aiul managers, and any other per.sons who appear to the Board •of Education to be interested, and the final order shall not be made until six weeks after notice has been so given. (4) In making an order under this section with regard to any school, the Board of Education shall have regard to the ownership of the school tbuilding, and to the principles on which the education given in the ■school has been conducted in the past. (5) The Board of Education may, if they think that the circum- stances of the case recpiire it. make any interim order on any appli- cation under this section to have temporaiy etTect until the tinal order is made. (6) The body of managers appointed under this Act for a public •elementary school not provided by the local education authority shall be the managers of that school both for the purposes of the Elementary Education Act.s, 1870 to 1900, and this Act. and, so far as resptvts the management of the school as a public elementary .school, for the purpose of the trust deed. (7) Where the recei[)t by a school, or the trustees or managci-s of a school, of any endowment or other benelit is, at the time of the pjussing of this Act, dependent on any qualiticaticm of the managei-s, the (jualification of the foundation managers onlv shall, in case of question, be regarded. [See 3 J'Jdir. 7, e. 24, ls( Sc/i. par. 10.] (8) The Board of Education may, on the application of the managers of the school, the local education authority, or any i>erson api)earing to them to be interested in the school, revoke, vary, or amend any order nmde under this .-section by an onler made in a similar manner; but before making any such order the draft thereof .shall, as soon as may I*, be laid before each Ho«se of Parliament, and, if within thirty days, being days on 1056 [C'HAP. 42.] Educatio7i Act 1902. [2 Edw. 7.] Grouping of schools under one manage- ment. Endow- ments. which Parliament has sat, after the draft has been so laid before Parliament, either House resolves that the draft, or any pai-t thereof, should not be proceeded with, no further proceedings shall be taken thereon, without prejudice to the making of any new draft order. 12. — (1) The local education authority may group under one body of manayers any public elementary schools provided by them, and may also, with the consent of the managers of the schools, group under one body of managers any such schools not so provided. (2) The body of managers of grouped schools .shall consist of .such number and be appointed in such manner and proportion as, in the case of schools provided by the local education antlioi'ity, may be determined by that authority, and, in the case of schools not so provided, may be agreed upon between the bodies of managers of the schools concerned and the local education authoi'ity, or in default of agreement may be determined by the Board of Education. (3) Where the local education authority are the council of a county, they shall make provision for the due representation of minor local authorities on the bodies of managers of schools grouped under their direction. (4) Any arrangement for grouping schools not provided by the local education authority shall, unless previously determined by consent of the parties concerned, remain in force for a period of three years. \}Yords in italics not applicable to London. See 3 Edv', 7, c. 24, s. 2 (1) and 1st Sch. p>ar. 3.] 13. — (1) Nothing in this Act .shall affect any endowment, or the discretion of any trustees in respect thereof : Provided that, where under the trusts or othei' provisions affecting any endowment the income thereof must be applied in whole or in part for those purposes of a public elementary school for which provision is to be made by the local education authority, the whole of the income or the part thei-eof. as the case may be, shall be paid to that authority, and, in case part only of siich income must be so applied and there is no provision under the said trusts or provisions for determining the amount which represents that part, that amount shall be determined, in case of difterence between the j^arties concerned, by the Board of Education ; but if a public inquiry is demanded by the local education authority, the decision of the Board of Education shall not be given until after such an inquiry, of which ten days' previous notice shall be given to the local education authority and to the minor local authoiity and to the trustees, shall have been iirst held by the Board of Education at the co-st of the local education authority. \See 3 Edw. 7, c. 24, \Ht Hch.par. 4.] Apportion- ment of school fees. Schools attached to institutions. \Part omitted {as to the application of money arising from endowments and paid, to county councils) not ajiplicable to London. See 3 Ed.w. 7, c. 24, 1st Sch. 2}ar. 4.] * 14. Where before the passing of this Act t fees have been charged in any public elementary school not provided by the local education authority, that authority shall, while they continue to allow fees to be charged in respect of that school, pay such proportion of those fees as may be agreed upon, or, in default of agreement, determined by the Board of Education, to the managers. 15. The local education authority may maintain as a public elementary school under the provisions of this Act, but shall not be required so to maintain, any Marine school, or any school which is part of, or is held in the premises of, any institution in which children are boarded, but their refusal to maintain such a school shall not render the school incapable of * Fees in non-provided schools were abolished by the Lcndon County Council. See L.C.C. Minutes, 20th December 1904. p. 3240. t See .3 Edw. 7, c. 24, l^t Sch. par. 10. [2 Edw. 7.] Education Act V.)(}2. [Chap. 42.] 1O.07 receiving; a parliamontaiy giant, nor shall tlip school, if not so maintained, be subject to tlie pnnisions of tliis Act as to the appointment of managei^s, or as to control by the local education authority. 16. If the local education authority fail to fulfil any of their duties I'ower to uniler the Elenientarv PMucatiun Acts, 1870 to UtOO, or this Act, or fail "^"fvce , -1 1 , )•*• 111 11 1 ^- -^1 ■ ^1 iluties under to provide such additional public school accommcxlation withm the meaning Kicmentiirv of the Elementary Education Act, 1870, as is, in the opinion of the Kihication' Board of Education, necessary in any part of their area, the Board of Acts. Education may, after holdinj,' a public incpiiry, make such order as they .•{.•{4: M Vict. think necessjuy or proper for the purpose of compelling the authority to <-'• "-J- fulfil their duty, and any such order may be enforced by mandamus. Part IV. General. 17. — (1) Any council having powers under this Act* shall establish Education an education committee or education committees, constituted in accordance committees, with a scheme made by the council and approved by the Board of Education : Provided that if a Coitncil haviny powers under Part II. only of t/iis Act determine that an edncation committee is anneces.^arif in their cane, it shall not he ohliyatovjj on them to establish such a committee. [Words iji italics not applicable to London.^ (2) All matters relating to the exerci.se by the council of their powers under this Act, e.xcept the power of raising a rate or borrowing money, shall stand referred to the education committee, and the council, before ex- ercising any such powers, shall, unle.ss in their opinion the matter is urgent, receive and consider the report of the education committee with re.spect to the matter in question. The council may also delegate to the education committee, with or without any restrictions or conditions as they think fit, any of their powers under this Act, except the power of raising a rate or borrowing money. t (3) Every such scheme shall provide — (a) for the appointment by the council of at least a majority of the committee, and the persons so appointed shall be persons who are members of the council, unless, in the case of a county, the council shall otherwise determine ; (6) for the appointment by the council, on the nomination or recom- mendation, where it appears desirable, of other bodies (including associations of voluntary schools), of persons of experience in education, and of })ersons acquainted with the needs of the various kinds of schools in the area for which the council acts ; (c) for the inclusion of women as well as men among the membei-s of the committee ; ((/) for the appointment, if desirable, of members of school boards existing at the time of the passing of this Act J as membei-s of the first committee. (4) Any per.son shall be disiiualitieil for being a meml>er of an education committee, who, by rea.son of holding an otlice or place of profit, or having any share or interest in a contract or employment, is disfpialilied for Ijeing a member of the council appointinii the educatii>n comuiitte«», but no such disqualification shall apply to a person by reason only of his holding office in a school or college aided, provided, or maintained by the council. (5) Any such scheme may, for all or any purpo.ses of this Act, provide for the constitution of a separate education committee for any area within a county, or for a joint education committee for any area formed * See 3 Edw. 7, c. 24, 1st Sch. par. 1 {h). t See 3 Edw. 7, c. 24, 1st Scli. par. 7. X Bee 3 Edw. 7, c. 24, 1st Soli, par 10. 68 1058 [Chap. 42.] Education Act 1902. [2 Edw. :.] by a combination of counties, boroughs, or urban districts, or of parts thereof. In the case of any such joint committee, it shall suffice that a majority of the members are appointed by the councils of any of the counties, boroughs, or districts out of which or parts of which the area is formed. (6) Before approving a scheme, the Board of Education shall take such measures as may appear expedient for the purpose of giving publicity to the provisions of the pi-oposed scheme, and, before approving any scheme which provides for the appointment of more than one education committee, sliall satisfy themselves that due regard is paid to the, importance of the general co-ordination of all forms of education. \^Parts omitted {jpower to Board of Education to 'make jivovision in case a scheme is not made loitJdn 12 months after the passing of this Act, and 2>rovisions as regards Wales and Alonmoitth) spent.^ Expenses. 18. — (1) The expenses of a council under this Act shall, so far as not otherwise provided for, be paid, in the case of the council of a county out of the county fund, and in the case of the council of a borough out of the borough fund or rate, or, if no borough rate is levied, out of a separate rate to be made, assessed, and levied in like manner as the borough rate, and in the case of the council of an urban district other than a borough 39 & 40 Vict "^ manner provided by section thirty-three of the Elementary Education c. 79. Act, 1876, as respects the expenses mentioned in that section. [_See 3 Ediv. 7, c. 24, 1st Sch. par. 1 (6).] 45 & 46 Vict. c. 50. Borrowing. 51 & 52 Vict. c. 41. Arrange- ments between councils. \Parts omitted, provisoes not applicable to London. See .3 Edw. 7, c. 24^ \st Sch. par. 4.] (2) All i-eceipts in respect of any school maintained by a local education authority, including any parliamentary grant, but excluding sums specially applicable for pitrposes for which provision is to be made by the managers, shall be paid to that authority. (3) Separate accounts shall be kept by the council of a boi-ough of their receipts and expenditure under this Act, and those accounts shall be made up and audited in like manner and subject to the same pi^ovisions as the accounts of a county council, and the enactments relating to the audit of those accounts and to all matters incidental thereto and consequential thereon, including the penal provisions, shall apply in lieu of the provisions of the Municipal Corporations Act, 1882, relating to accounts and audit. (4) \_Provision for cases ivhere under a local Act expenses are payable othertvise thaii out of the bcn'oughfund or rate. Not ajiplicable to London.^ (5) Where any receipts or payments of money under this Act ai'e entrusted by the local education authoi-ity to any education committee established under this Act, or to the managers of any public elementary school, the accounts of those receipts and payments shall be accounts of the local education authority, but the aviditor of those accounts shall have the same powers with respect to managers as he would have if the managers were officers of the local education authoi'ity. 19. — (1) A council * may borrow for the purposes of the Elementary Education Acts, 1870 to 1900, or this Act, in the case of a county council as for the purposes of the Local Government Act, 1888. . . . [Parts omitted, {as to borroioing by council of a county borough or urban district) not applicable to London.^ 20. An authority having powers under this Act — (a) may make arrangements with the council of any county, borough, district, or parish, whether a local education authority or not, for the exercise by the council, on such terms and subject to such 'Conditions as may be agreed on, of any powers of the authority * See 3 Edw. 7, c. 24, 1st Sch. par. 5. [2 Ei)w. :.] Education Act 1902. [Chap. 42.] 1059 in respect (jf the manaj^eineiit of any scliool ov college within tlie urea of the council. . . . ySee 3 Ediii. 7, c. 24, .s-«. 2 (ind 3, and \Ht Sch. jiar. 1 {(i). I'nrt f/rnitled {provision as retjards t/ie council of a non-county barouyh or urban district) not applicable to London. | 21. — (1) Sections two hundred and ninety -seven and two hundred and Provisional ninety-eight of the Public Health Act, 1875 (which relate to Provisional <->r^*''" ' "^ ijowcrs Acts, 1870 to 1900, shall, except where those Acts expressly provide to respectively the contrary, be limited to the provision in a public elementary school of insti-uction given under the regulations of the Board of Education to scholars who, at the close of the school year, will not \>e more than sixteen years of age : Provided that the local education authority may, with the consent of the Board of Education, extend those limits in the case of any- such school if no suitable higher education Is available within a reasonable distance of the school. (3) The power to supply or aid the supply of education other than elementary includes a power to train teachers, and to supply or aid the supply of any education excejtt where that education is given at a public elementary school. 23. — (1) The powers of a council under this Act shall include the Miscel- provision of vehicles or the payment of rea.sonable travelling expenses for laneous teachers or children attending school or college whenever the council .shall Pro^'isi^ns. consider such provision or payment required by the circumstances of their area or of any part thereof. (2) The power of a council to supj)ly or aid the .supply of education, other than elementary, shall include power to make provision for the }iurpo.se outside their area in cases where they consider it expedient to do so in the interests of their area, and sh.ill include power to proWde or assist in providing scliolarsliips for, and to pay or assist in paying the fees of, students ordinarily resident in the area of the council at schools or colleges or hostels within or without that area. (4) The amount which would be produced by any rate in the jKiund shall be estimated for the |)in[)oses of this Act in accordance with regula- tions made by the Local Government Board. (5) The Mortmain and Charitable U.ses Act, 1888, and so much of the .*>1 i: 52 Vict. ^Mortmain and ('harit;vl)le Uses Act, 1891, .-is requires that land assurear. 6. J [2 Edw. 7.] Education Art 10ii2. [Chai*. 42.] IMOI SCHEDULES. FIRST SCHEDULE. Section 25. Phoviskin as lu IOdlcation Com.mittkks ANIJ MANA<;KnH. A. — Edncat'iiin Com inlltees. (1) The council by whom an education committee is established may make regulations as to the iiuoruui, jiroceedings, and place of meeting of that committee, but, subject to any such regulations, the quorum, proceedings, and place of meeting of the committee shall he such as the committee determine. (2) The chairman of the education committee at any meeting of the com- mittee shall, in case of an equal division of votes, have a .second or casting vote. (3) The proceedings of an education committee shall not be invalidated by any vacancy among its members or by any defect in the election, appointment, or qualification of any members thereof. (4) Minutes of the proceedings of an education committee shall be kept in a book provided for that purpose, and a minute of those proceedings, signed at the same or next ensuing meeting by a person describing him.self as, or api)earing to be, chairman of the meeting of the committee at which the minute is signed, shall be received in evidence without further proof. [Srr 'A Kdii:. 7. l"/ Sc/i. //tir. 7.] (5) Lentil the contrary is proved, an education committee shall be deemed to have been duly constituted and to have power to deal with any matters referred to in its minutes. ((■)) An education committee may, subject to any directions of the council, appoint such and so many sub-committees, consisting either wholly or partly of members of the committee, as the committee thinks fit. B. — Matiagers. (1) A body of managers may choose their chairman, except in cases where there is an ex-officio chairman, and regulate their quorum and proceedings in such manner as they think fit, subject, in the case of the managers of a school provided by the local education authority, to any directions of that authority. Provided that the quorum shall not be less than three, or one-third of the whole number of managers, whichever is the greater. (■J) Every question at a meeting of a body of managers shall be determined by a majority of the votes of the managers present and voting on the question, and in case of an equal division of votes the chairman of the meeting shall have a second or casting vote. (3) The proceedings of a body of managers shall not be invalidated by any vacancy in their number, or by any defect in the election, apjiointment, or (jualification of any manager. (4) The body of managers of a school provided by the \oca.\ education authority .shall deal with such matters relating to the management of the school, and subject to such conditions and restrictions, as the local education authority determine. (.")) A manager of a school not provided by the local education authority, appointed by that authority or by the minor local authority, shall be removable by the authority by whom he is appointed, and any such manager may resign his ottice. (G) The body of managers shall hold a meeting at least once in every three months. (7) Any two managers may convene a meeting of the body of managers. (8) The minutes of the proceedings of every body of managers .shall be kept in a book provided for that purpose. (9) A minute of the proceedings of a body of managers, signed at the same or the next ensuing meeting by a person describing himself as, or appearing to be, chairman of the meeting at which the minute is signed, shall be received in evidence without further proof. (^10) The miuutes of a body of managers shall be open to inspection by the local education authority. (11) LTntil the contrary is proved, a body of managers shall be deemed to be duly constituted and to have power to deal with the matters referred to in their minutes. 1062 [Chap. 42.] Education Act 1902. [2 Edw. 7.] Section 25. SECOXD SCHEDULE. Provisions as to Transfer of Property and Officers, and Adjustment. (1) The property, powers, rights, and liabilities (including any property, powers, rights, and liabilities vested, conferred, or arising under any local Actor any trust deed) of any school board or school attendance committee existing at the appointed day shall be transferred to the council exercising the powers of the school board. [See 3 Edw. 7, c. 24, s. 2 (2).] (2) "Where, under the provisions of this Act. any council relinquishes its powers and duties in favour of a county council, any property or rights acquired and any liabilities incurred, for the purpose of the performance of the powers and duties relinquished, including any property or rights vested or arising, or any liabilities incurred, under any local Act or trust deed, shall be transferred to the county council. (3) Any loans transferred to a council under this Act shall, for the purpose of the limitation on the powers of the council to borrow, be treated as money borrowed under this Act. 52 & 53 Vict. (4) Any liability of an urban district council incurred under the Technical ^- ^6._^ Instruction Acts, 1889 and 1891, and charged on any fund or rate, shall, by virtue 54 &; oo "\ ict. Qf ^^jjjg j^^^^ become charged on the fund or rate out of which the expenses of the ^' council under this Act are payable, instead of on the first-mentioned fund or rate. 53 & 54 Vict. (5) Section two of this Act shall apply to any balance of the residue under c. 60. section one of the Local Taxation (Customs and Excise) Act, 1890, remaining unexpended and unappropriated by any council at the appointed day. (Ij) Where the liabilities of a school board transferred to the local education authority under this Act comprise a liability on account of money advanced by that authority to the school board, the Load Government Board* may make such orders as they think fit for providing for the repayment of any debts incurred by the authority for the purposes of those advances within a period fixed by the order, and, in case the money advanced to the school board .„ „. has been money standing to the credit of any sinking fund or redemption fund 41 ^"^ or capital money applied under the Local Government Acts, 1888 and 1894, or ^fi &■ "" V "t either of them, for the repayment to the proper fund or account of the amount g jQ so advanced. Any order of the Local Gorerniiunt 7^o«?Y7*made under this provision shall have effect as if enacted in this Act. (7) \_Provisions fur cases where a d'/strict council ceases by reason of this Act to he a school aiifhority loifhin the menniufi *fcrred to and Ijccome the officers of that council, but that council may abolish the office of any such officer whose office tht*y deem unnecessary. (17) Every officer so transferred .shall hold his office by the same tenure and on the same terms and conditions as before the transfer, and while performing the same duties shall receive not less salary or remuneration than theret'7r). 39 _A: 40 Vict. and in subsection (1) of .section two of the Education Code ( 1><'.'0) Act, IK'.'ti, c- 79._ references to a school district shall, as respects the area of a locjii education i>-i A:^ i>4 Vict authority being the council of a county, be construed as references to a parish. (2) References to the school fund or local rate shall be construed as references to the fund or rate out of which the expen.ses of the local education authority are payable. (H) In section thirty-eight of the Elementary Education Act, lS7r>, references to members of a school l»oard shall be construed as references to members of the education committee, or of any sub-committee appointed by that committee for school attendance purposes. (4) The power of making bylaws shall (where the local eilucation authority is a county council) include a "power of making different bylaws for different parts of the area of the authority. 1064 [Chap. 42.] Education Act 1902. [2 Edw. 7.] 54 & 55 Vict. (o) The following provision shall have effect in lieu of section five of the c. 56. Elementary Education Act, 1891 : "The duty of a local education authority under the Education Acts, 1870 to 1902, to provide a sufficient amount of public school accommodation shall include the duty to provide a sufficient amount of public school accommodation without payment of fees in every part of their area." (6) The words "in the opinion of the Board of Education'' shall be substituted for the words "in their opinion" in the first paragraph of section 33 & 34 Vict, eighteen of the Elementary Education Act, 1870. c. 75. (7) Section ninety-nine of the Elementary Education Act, 1870, shall apply to the fulfilment of any conditions, the performance of any duties, and the exercise of any powers under this Act as it applies to the fulfilment of conditions required in pursuance of that Act to be fulfilled in order to obtain a parliamentary grant. (8) A reference to the provisions of this Act as to borrowing shall be substituted in section fifteen of the Elementary Education Act, 1876, for the reference to section ten of the Elementary Education Act, 1873, and a reference to the Local Government Board shall be substituted for the second reference in that section to the Education Department, and also for the reference to the Education Department in section five of the Elementary Education (Blind and Deaf Children) Act, 1893. (9) A reference to the provisions of this Act relating to the enforcement of the performance of the local education authority's duties by mandamus shall be substituted in section two of the Elementary Education Act, 1880, for the reference to section twenty-seven of the Elementary Education Act, 187G. (10) The substitutions for school boards, school districts, school fund, and local rate made by this schedule shall, unless the context otherwise requires, be made in any enactment referring to or applying the Elementary Education Acts, 1870 to 1900, or any of them, so far as the reference or application extends. (11) References in any enactment or in any provision of a scheme made under the Charitable Trusts Acts, 1853 to 1894, or the Endowed Schools Acts, 18(59 to 1889, or the Elementary Education Acts, 1870 to 1900, to any provisions of the Technical Instruction Acts, 188il and 1891, or either of those Acts shall, unless the context otherwise requires, be construed as references to the provisions of Part II. of this Act, and the provisions of this Act shall apply with respect to any school, college, or hostel established, and to any obligation incurred, under the Technical Instruction Acts, 1889 and 1891, as if the school, college, or hostel had been established or the obligation incurred under Part II. of this Act. [.SVe 3 Edtv. 7, c. 24, Ut Sch. par. 9.] (12) The Local Government Board may, after consultation with the Board of Education, by order make such adaptations in the provisions of any local Act (including any Act to confirm a Provisional Order and any Scheme under 45 & 46 Vict, the Municipal Corporations Act, 1882, as amended by any subsequent Act) as c. 50. may .seem to them to be necessary to make those provisions conform with the provisions of this Act, and may also in like manner, on the application of any council who have power as to education under this Act and have also powers as to education under any local Act, make such modifications in the local Act as will enable the powers under that Act to be exercised as if they were powers under this Act. Any order made under this provision shall operate as if enacted in this Act. 36& 37 Vict, c. 86. 56 & 57 Vict, c. 42. 43 & 44 Vict. c. 23. 39 & 40 Vict, c. 79. 52 & 53 Vict. c. 76. 54 & 55 Vict. c. 4. FOURTH SCHEDULE. Enactments Repealed. I'ART I. Session and Chapter. Short Title. E.xtent of Repeal. 52 & 53 Vict. The Technical In- The whole Act. c. 76. 53 & 54 Vict. .stnictionAct,lSS9. The Local Taxation In section one. subsections two and three. c, 60. 54 & 55 Vict. (Customs and Ex- cise) Act, 1890. The Technical In- The whole Act. c. 4. struction Act, 1891. [2 Edw. :.] Education Art r.MCj. [Chap. 42.] 1(j65 Pakt 11. Kxtfiit of Re|jeal. 33 & 34 Vict c. 75. 36 & 37 Vict. c. 80. 37 & 38 Vict, c. 90. 39 &; 40 Vict, c. 79. 43 & 44 Vict, c. 23. 53 & 54 Vict, c. 22 54 Js: 55 Vict, c. 56. The Elementary Education Act, 1H70. The Elementary Education Act. 1873. The Elementary Education (Orders) Act, 1874. The Elementary Education Act, 1876. The Elementary Education Act, 1880. The Education Code (18iK)) Act. 1890. The Elementary Education Act, IS'U. Section four ; section five except ho far an it di'fincs puhlii- Hchoiil ac'ommfxlation ; section six; sections eipiil to thirteen; Hoctions lifteeri and sixteen ; he \ ict. .c^l be charged on and payable out of such one or more of the public funds or rates vnider the control of the council (and, if more than one, then in such proportions) as the council, having regard to the nature and objects of the Bill, may determine to be just and proper. 4. Nothing in this Act shall extend or be construed to alter or affect Saving for any special provision in any local Act for the payment of the costs, ^P^^i^' Acts, charges, and expenses in relation to the pi-omotion by any council of a Bill in Parliament, or to take away or diminish any rights or powers now posse.ssed or enjoyed by any council, or whicli are or shall be v» sted in or exerciseable by the inhabitants of the district of any council under any general or special Act, but the council may, if they think lit, adopt with respect to the promotion of any Bill the procedure provided by this Act in lieu of that provided by their local Act. 6. — (1) Any person who at, or for the i)urposes of, a poll under Offences in this Act — relation to (i) fraudulently signs or forges any signature to a requisition of electors P^"*- under this Act ; or (ii) applies for a voting paper in the name of some other jierson, whether that name be the name of a person liWng or dead, or «>f a tictitious person ; or (iii) having voted once, applies for a second voting paper in hi> own name ; or (iv) forges or counterfeits, or frautluiently defaces or frauilulently destroys any voting pajier ; or (v) without due authority .supplies a voting paj>er to any person ; or (vi) fraudulently ])uts into any box oi- other receptacle any paper other than a voting pa2)er supplied to him foi- the purpise; or (vii) fraudulently takes out of the polling station any voting pajier; or (viii) without due authoiity destroys, takes, open.-, or otherwise interferes witii any box or other receptacle for voting papers or any voting papers then in use ; or (ix) causes any disturbance or disorder in or near any polling station : shall be liable on summary conviction to a line not exceeding twenty pounds. 1068 [Chap. 14.] Borough Funds Act 1903. [3 Edw. :.] Non-compli- ance with procedure. Expenses of opposing Bills. 54 Vicl. c. 12. Transfer to Local Govern- ment Board of certain powers of Secretary of State. Definitions. Repeals. Extent of Act. Short title and com- mencement. (2) An attempt to commit any offence specified in this section shall be punishable in the manner in which the offence is punishable. 6. The failure to comply with the requirements of this Act as to notices or the time within which anything is to be done, or the procedure at a meeting of electors or the mode of taking a poll, shall not render invalid the charge under the Borough Funds Act, 1872, or this Act of any expenses in relation to the promotion of a Bill, if the provisions of this Act have been substantially complied with and the failui-e has not affected the result of the proceedings under this Act. 7.- — (1) The provision contained in section four of the Borough Funds Act, 1872, that no expense in opposing a Bill in Parliament shall be charged unless the opposition has had the consent of the owners and ratepayers of the district, shall cease to apply. (2) In section one of the Railway and Canal Traffic (Provisional Orders) Amendment Act, 1891, references to the Borough Funds Act shall be construed and have effect as references to the Borough Funds Act, 1872, as amended by this Act. 8. The powers confei'red upon the Secretary of State by the Borough Funds Act, 1872, or by virtue of any extension or application of that Act, shall be transfei'red to and exercised by the Local Government Board. 9. For the j^urposes of this Act, the expression "council" includes the council of evei-y boi-ough and of every urban district, the expression " borough" includes a metropolitan borough, and the expression "electors" means the parochial electors for the time being enrolled in the register of parochial electors in force for the parishes in a borough or urban district, and the expression "the mayor or chairman" means the mayor of the borough or the chairman of the urban district council. 10. The enactments specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule. 11. This Act shall not extend to Scotland or Ireland. 12.— (1) This Act may be cited as the Borough Funds Act, 1903, and the Borough Funds Act, 1872, and this Act may be cited together as the Borough Funds Acts, 1872 and 1903. (2) This Act shall come into operation on the first day of October nineteen hundred and three. SCHEDULES. FIRST SCHEDULE. Re(;ui.ati(jns for Meetincj and Pof-lixg of Electors. (1) "Where the council of a borough or urban district have resolved, in 35 & 30 Vict, accordance with the provisions of the Borough Funds Act, 1872, to promote c. 91. a Bill in Parliament, and the Bill has been deposited, notice shall be given by placards and by advertisement in some local newspaper circulating in the borough or district in two successive weeks stating — . («) the title of the Bill ; and {h) a brief statement of the objects of the Bill ; (c) that the Bill has been deposited, and the date on which it was first deposited in either House : and (jcl) that copies of the Bill may be inspected and purchased at a place within the borough or district specified in the notice, between the hours of ten in the forenoon and five in the afternoon, on every week day for fourteen days after the date of the first advertisement, and that extracts may be taken free of charge ; and (e) That a public meeting of electors will be held on a day named, not being less than fourteen nor more than twenty-eight days after the first advertisement of the notice, for the purpose of considering the question of the promotion of the Bill, and indicating the resolutions which will be submitted to the meeting. [3 Ei)\v. :.] Borowjh FaiuU Act V.)\)\\. [Ohai-. 14.] 1009 ('I) The first advertisement urnier these regulations must be made within fleven days from the first deposit of the Hill iti either House, and the placards giving notice under these regulations must he posted within the same time. (3) A public meeting of electors shall be held in accordance with the notice, and the mayor or chairman, or, in the event of his being unable or unwilling to preside, any jierson ai)i)oiMted by the council to perform that duty, shall l>e president of the meeting ; Init, if neither tlie mayor or chairman, nor the person ao appointed, is present within ten minutes after the time appointed for the meeting, the meeting shall choose an elector present at the meeting to be j)resident of the meeting. (4) The president of the meeting may, with the consent of the majority of the electors present, adjourn the meeting for not more than seven days. (.o) On opening any such meeting the president of the meeting, or a member ■or otlicer of tlie council, shall give such explanation of the IJill with reference to which the meeting is held as he thinks expedient. ((j) — ('/) The question of the promotion of the Bill shall be put by the president to the meeting either by a single resolution in favour of the promotion of the whole Bill, or by separate re.solutious in favour of the promotion of any part or parts or clause or clauses of the Bill, but togetiier covering the pro- motion of the whole Bill, and the meeting shall decide for or against any such resolution. (6) The president shall explain to the meeting the resolution or re.solutions he proposes to put to the meeting, and the question of the promotion of the Bill shall be put in the manner proposed ; Provided that, if, before any such resolution is put, the meeting deciile to request the president to put separately any resolution or resolutions in favour of the promotion of any part or parts or clause or clauses of the Bill not proposed by him to be put separately, he shall put such further or other resolution or resolutions to the meeting as will, consistently with the provisions of this Schedule, give effect to that request. (7) Unless a poll is required in manner provided by this Schedule, with respect to any resolution for promotion put to the meeting, the decision of the meeting on that resolution, as declared by the president of the meeting, shall be final. (8) A poll may be required with respect to any such resolution by not less than one hundred electors, or one-twentieth in numl)er of the electors, whichever may be the less, and, if the decision of the meeting on the resolution is against the resolution, by the council. (9) A re(iuisition for a poll by electors must be in writing signed by the persons making it, and must be delivered to the mayor or chairman within seven days after the date of the meeting, or any adjournment thereof. (10) A reiiuisition for a poll by the council must be authorised by a resolution of the council, and a copy of the resolution must be delivered to the mayor or chairman within seven days after the meeting or any adjournment thereof. Provided that, if the regulations governing the meetings of the council do not permit of an ordinary meeting of the council being held within the said seven days, the time for the delivery of a copy of the resolution shall be within three days after the date on which an ordinary meeting of the council can first be held subsequently to the date of the meeting of the electors or any adjournment thereof. (11) The mayor or chairman shall proceed to take the opinion by poll of the electors on the resolution to which any requisition relates, unless a poll is rendered unnece.ssary by the withdrawal of the requisition for a poll or by a resolution of the council withdrawing the Bill, or the part or parts or clause or clauses to which the resolution with reference to which the j»oll is retjuired relates. (I'J) The polls on any number of resolutions may be taken at the same time and by means of the same voting paper. (i;3J The mayor or chairman shall count, or cause to be counted, the votes given at a poll under this Schedule, and shall as soon as practicable declare the result. (U) The decision of the mayor or chairman onany x;al they relate to the housing of the working classes, and any such powers Government and duties so assigned shall become powers and duties of the Lfjcal Hoard. Government Board. [See 53 ct 54 Vict. c. 70, s. 8 and note thereun.] (2) Section eleven of the Board of Agriculture Act, 1889, shall apply 52 & 63 Vict. with respect to the powers and duties transferred under this section as *-"• ^^• it applies with respect to the powers and iluties transferred under that Act, with the substitution of tiie Local Government Board for thr Board of Agriculture and of the date of the transfer under this section for the date of the establishment of the Board of Agriculture. 3. Where under the powers given after the date of the pas-sing of the Re-housin? Act by any local Act or Provisional Order, or Order having the effect obligations of an Act, any land is acquired, whether compulsorily or by agreement, ^''^" * by any authority, company, or person, or where after the tlate of the ^jtatutory passing of this Act any land is so acquired compulsoril}' under any powers, general Act (other than the Housing Acts), the provisions set out iu the Schedule to this Act shall apply with respect to the provision of dwelling accommodation for persons of the working class. Amendments as to Schemes. 4. — (1) If, on the report made to the confirming authority on an IVovisiions inquiry directed by them under section ten of the principal Act, that o" failure authoritv are satisfied that a sclieme oujilit to have been made for the '^ ,?^^-. » " ,1 1 • 1 ,1 ^ • 1 i e authontv to improvement 01 the area to which the inquiry relates, or 01 .some part ^^y^^\^Q a ' thereof, they may, if they think fit, order the local authority to make scheme. such a scheme, either under Part I. of the principal Act, or, if the confirming authority so direct, under Part II. of that Act, and to do all things necessary under the Housing Acts for carrying into execution the scheme so made, and the local authority shall accordingly make a scheme or direct a .scheme to lie prepared as if they had pa.s.-sed the resolution required under section four or section thirty-nine of the principal Act, as the case may be, and do all things necessi\ry under the Housing Acts for carrying the scheme into etl'ect. Any such order of the confirming authority may be enforced by mandamus. (2) Any twelve or more ratepayers of the district shall have the like appeal under section sixteen of the principal Act as is given to the twelve or more ratepayers who have made the complaint to the medical officer of health mentioned in that section. 1072 [Chap. 39.] Housing of the Woi^king Classes Act 1003. [3 Edw. 7.] Amendment of procedure for confirm- ing improve- ment scheme. Power to modify schemes in certain cases. 5. — (1) Section seven of the principal Act shall have effect as if the words "in the month of September or October or Xovember " were omitted from paragraph (a), and as if the words " during the thirty days next following the date of the last puVjlication of the advertisement " were substituted for the words " during the month next following the month in which such advertisement is published " in paragraph {h). (2) The order of a confirming authority vinder subsection four of section eight of the principal Act shall, notwithstanding anything in that section, take eliect without confirmation by Parliament — (a) if land is not proposed to be taken compulsorily ; or (h ) if, although land is proposed to be taken compulsorily, the confirming authoi-ity before making the order are satisfied that notice of the draft order has been served as required as resjDects a Provisional Order by subsection five of the said section eight, and also that the draft order has been published in the London Gazette, and that a petition against the draft order has not been presented to the confirming authority by any owner of land proposed to be taken compulsorily within two months after the date of the publication and the service of notice, or, having been so presented, has been withdrawn. (3) For the purposes of the principal Act, the making of an order by a confirming authoiity, which takes efiect under this section without confirmation by Parliament, shall have the same effect as the confirmation of the order by Act of Parliament, and any reference to a Provisional Order, made vnider section eight of the principal Act, shall include a reference to an order which so takes effect ^vithout confirmation by Parliament. 6. — (1) If an order section thirty-nine of pre.sented, would take Amendments as to scheme of recon- struction. under subsection four of section eight or under the principal Act, which, if no petition were efiect without confirmation by Parliament, is petitioned against, the confirming authority or the Local Government Board, as the case may be, may, if they think fit, on the application of the local authority, make any modifications in the scheme to which the order relattr'S for the purpose of meeting the oV)jections of the petitioner and withdraw the order sanctioning the original scheme, substituting for it an order sanctioning the modified scheme. (2) The same procedure shall be followed as to the publication and giving notices, and the same provisions shall apply as to the presentation of petitions and the effect of the order, in the case of the order sanctioning the modified scheme, as in the case of the order sanctioning the original scheme, but no petition shall be received or have any effect except one which was presented against the original order, oi' one wliich is concerned solely with the modifications made in the scheme as sanctioned by the new order. 7. Where a scheme for reconstruction under Part II. of the principal Act is made, neighbouring lands may be included in the area comprised in the .scheme if the local authority under whose direction the scheme is made are of opinion that that inclut-ion is neces.^ary for making theii- .sjcheme efficient, but the provision of subsection two of section forty-one, as to the exclusion of any additional allowance in respect of compulsory purcha.se, shall not apply in the case of any land so included. Amendment of procedure for closing orders. Amendmentfi as to Closing Orders, Demolition, etc. 8. — (1) If in the opinion of the local authority any dwelling-house is not reasonably capable of being made fit for human habitation, or is in such a state that the occupation thereof should be immediately discontinued, it shall not be necessary for them before obtaining a closing order, to serve a notice on the owner or occupier of the premises to abate the nuisance, and a justice may issue a summons for a closing order and a closing order may be granted, although such a notice has not been served. [3 Ei)W. :.] Iloushiff of the Worhinfj Classes Act 10u3. [Chai". 3(».] 1073 (2) Tlio Local Ciovei-ninont lioard may l>y (nilci- j)n-.e fenseK '^'^<-'^^'^''' «>f* incident to the taking down and removal of a building, the local autliority '^'*l«^™ohtion. may recover the deticiency from the owner of tho building as a civil debt in manner provided by the Sumuiary Jurisdiction Acts, or under the provisions of the Public Health Acts relating to private improvement expenses. [.S'ee the Smmaarrj Jurisdiction Act 1879,^. 35, and the I'ldAic Health Act 1875, ss. 213—215.] 10. Where default is made as respects any dwelling house in oljeying ' .v ,a a closing order in the manner jirovided by subsection three of section '^ thirty-two of the principal Act, possession of the house may Ije obtjiined ^'^"'" (without prejuchee to tlie enforcement ot any penalty under that provision), ,t.n;,„j., ,„ whatever may be the value or rent of the house, by or on behalf of the piir.-uauce of owner or local authority, either under sections one bundled and thirty- closing eight to one hundred and forty-five of the County Courts Act, 1888, or ^'■''•^"'- ,.. under the Small Tenements Recovery Act, 1838, as in the cases therein ^ 43 " provided for, and in either case may be obtained as if the owner or local 1 a: 2 Vict, authority were the landlord. c. 74. Any expenses incurred by a local authority under this section may be recovered from the owner of the dwelling-house as a civil debt in manner provided by the Summary Jurisdiction Acts, [See the Sianniari/ Juris- dictio7i Act 1879, s. 35.] Miscelktneous. 11. — (1) Any power of the local authority under the Housing Act.*i, or Powers in under any scheme made in pursuance of any of those Acts, to pro\-ide curpose of dwellings for persons of the working clus-(, except so far as the Local (Tovernnient Board dis]Hnsf witli that appropriation ; and every conveyance, demise, or lea.se of any such land shall be endorsed with notice of this provision, and the Local Government Board may require the insertion in the scheme of any provisions requiring a certain stamlard r)f dwelling-bouse to be erected under the scheme, or any conditions to be conqilied with as to the mode in which the dwelling-hou.ses are to be erected. (5) If the Local (lovernment Tioard do not hold a local inquiry with reference to a housing scheme, they shall, before approving the .scheme, send a copy of the draft scheme to every local authority, and shall consider any representation made within the time fixed by the Board by any such authority. (6) The Local Government Board may, as a conditicjn of their approval of a housing scheme, require that the new dwellings under the .scheme, or some part of them, shall be completed and fit for occupation before possession is taken of any working-men's dwellings under the enabling Act. (7) Before approving any scheme the Local Governmt-'nt Board may if they think fit require the undertakers to give such security as the Board consider proper for carrying the scheme into effect. (S) The Local Government Board may hold such inquiries as they think fit for the purpose of their duties under this Schedule, and subsections one and live of section eighty-seven of the Local Government Act, 1H8H (which relate to local in(juiries), shall apply for the purpose, and where the under tiikers are not a local authority .shall be applicable as if they were such an authority. (;•) If the undertakers enter on any working-men's dwelling in contniventioii of the provisions of this Schedule, or of any conditions of approval of the housing scheme made by the Local Government Board, they shall be liable to a penalty not exceeding five hundred pounds in respect of every such dwelling : Any such penalty shall be recoverable by the Local Government Board by action in the High Court, and shall be carried to and form part of the Consolidated Fund. (1(1) If the undertakers fail to carry out any provision of the housing scheme, the Local Government Board may make such order as they think neces.sary or proper for the purpose of comi)elling them to carry out tliat provision, and any such order may be enforced by mandamus. (11) The Local Government Board may. on the application of the under- takers, modify any housing scheme which has been approved by them uiuler this Schedule, and any modifications so made shall take etiect as part of the scheme. (12) For the purposes of this Schedule — («) The expression ''undertakers" moans any authority, company, or person who are acquiring land compuLsorily or by agreement under any local Act or Provisional Order or order having the effect of an Act, or are acquiring land conqudsorily under any general Act : (/;) The expression " enabling Act " means any Act of Parliament or Order under which the land is acquired : (c) The expression " local authority ' means the council of any administrative county and the district council of any county district, or. in London, the council of any metropolitan borough, in which in any c:ise any houses in respect of which the re-housing scheme is made ate situated, or in the case of the city the common council : (d) The expression -dwelling " or "house" means any house or part of a house occupied as a separate dwelling : 1076 [Chap, cxcviii.] Thames Conservancy Act 1905. [5 Edw. 7.] {e) The expression "working class" includes mechanics, artisans, labourers, and others working for wages ; hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them. 5 EDWARD VII. A.D. 1905. Consolida- tion of loans to London School Board trans- ferred to London County Council. 3 Edw. 7. c. 24. Short title. CHAPTER 22. Ax Act to grant Moxey for the Purpose of certain Local Loans OUT OF THE Local Loans Fund, and for other Purposes relating TO Local Loans. \\\tli Aayust 1905.] 1 — 2. \A}ypointinent of Public Works Loan Commissioners for five years from \st Aj^ril 1906, and grants for j^vMlo icwks.^ 3. Whereas by the Education (London) Act, 1903, there has been transferred to the London County Council the lialjility for the repayment to the Public Works Loan Commissioner? of all loans advanced by the Commis.sioners for the repayment whereof the London School Board were prior to the transfer liable : And whereas a large proportion of those loans bear interest at the rate of three pounds ten shillings per cent, per annum, and are by the terms of the borrowing repayable by equal yearly or half-yearly instalments of principal or of principal and interest combined within periods which will expire at various dates in or between the years nineteen hundred and eight and nineteen hundred and twenty-nine : And whereas the Commissioners and the London County Council desire to enter into such an agreement with resjject to the repayment of the said loans as is herein-after mentioned, and it is expedient that they should be authorised to do so : Therefoi'e it shall be lawful for the Commissioners and the London County Council to enter into an agreement whereby the outstanding balances of such of the said loans as bear interest at three pounds ten shillings per cent, per annum shall be made repayable with interest at the rate aforesaid by equal yearly or half-yearly instalments within a period expiring on the thirty-first day of jNIarch nineteen hundred and twenty- six, and such an agreement shall have effect accordingly, notwithstanding anything contained in any Act, order, or sanction relating to the lending or borrowing of such loans, or any of them. 4. \^As to loans in Ireland and Scotland referred to in tlie SchedMle.\ 6. This Act may be cited as the Public Works Loans Act, 1905. Schedule. [.Is to certain loans in Ireland and. Scotland.^ I CHAPTER CXCVIII. An Act to confer further Money and other Powers on the Con- servators OF the River Thames for the Deepening Widening AND Improvement of its Bed and Channel between the Kore and Gravesend and for other Purposes. [llth August 1905.] [Preamble states (inter alia) thai the Conservators of the River Thames {hereinafter referred to as ''■the Conservators'') have under the Thames Conservancy Act 1894 {hereinafter referred to as "■ tlie Act of 1894") large poivers of deepenijig, widening, and imjiroving the bed. and [5 Edw. 7.] Thames Comermncy Act 1900. [Chap, cxcviii.] 1077 channel of the River Thumes : and that it tvould be of puhlic and local advantaija if the bed and channi'l of the river ivere dee/tened mid u'idened as provided by this Act between the Sore and (,'rave>iend, but that the prebent resources of the Conservator's are inadequate for that j/nrpose.] 1. This Act may be cited as the Thames Conservancy Act lOUii. Short title. 2. Terms and expressions to which meanings are assigned by the Act Interpreta- of 1894 have in this Act (ludess the context otherwise rt'ijiiiies) the same *'*^"- respective meanings. Deep wATKtt Channel. 3. Jt shall l,e the ervators in * '""^^'^, connection with dredging or otherwise deepening widening or improving druduiDt; the bed and channels of the river between the Nore and Grave.send. Any dispute oi- ditt'erence arising undtr this section shall be settled by arbitration under the Arbitration Act 1889. For the purposes of this section the term "persons" shall include the Crown. 5. [Provision for the protection of the Commissioiiei's of Sev:ei's u- 1 thin the limits extending/ from Gravesend liridge to >'>heerness. | 6. [Provisions for the j)'>'ot€ction of the Commissioners of .Sewers for Ilaverivg and other levels and the Commissioners of ,'ioii.'>, for "'• the purchase of land either compulsorily or by a;j:reement for the puriMjses ^['jt'"^," of Part II. of the Education Act, 1 'J02, a.s they have under the Education " °' ' Acts for the purposes of Part III. of that Act, but the powers given liy - K'- able to London.^ (4) Tlie appropriation of land by a local education authority or a council under this section shall be subject in any cast- to any special covenants or agreements affecting the use of the land in their haiuls. (5) Where the capital expenditure in connection with any land appro- priated under this section or any loan for the purpose of repaying that expenditure or any part of that expenditure or loan has been, or is chargeil on, or raised within, any special part of the area of the local education authority or council, and the Board of Education or, in the case of land appropriated under this .section and not actpiired for any of the purpt;."^e.N of the Education Acts, the Local Government Board are of opinion that the use of the land for the purposes for which it is appropriated will alter the area benetited by the expenditui-e, the Board of Education, or the Local Government Board, as the case requires, shall ortler such equitable adjustment in respect thereof to be made as they think right under the circumstances, and the local education authority or council shall comply with any order so made. (6) A council shall have power, with the consent of and after intpjiry by the Board of Education, to alienate any l.md accal (Jovern- substitution, ment Board .sanction, towards the discharge of any loan of the council in cvrtaiu under the Education Acts, or otherwi.se for any purpose for which capital I'ases, of may be applied by the council under those Acts. IJonni nf 2. The consent of the Board of Education shall be substituted for the |"- consent of the Secretary of State for the Home Department in ^"'^"^^'^ o( liomv where the consent of the .said Secietary of State is re«piired untler .^Ktion secretary, fourteen of the School Sites Act, 1841, and section one of the School 4 4: 5 Vict. Grants Act, 1855 (which relate to si\les, exchange, or mortgages of school ^,^"^jo premises). Vic,. J. 131. 1080 Extension of period for repayment of money borrowed by county council. 51 & 52 Vict. c. 41. Power of county council to contribute towards capital expenditure incurred by non-county boroughs or urban dis- tricts within their county for the pur- poses of higher edu- cation. Decision of questions as to capital expenditure. Audit of accounts of joint educa- tional bodies. 33 k 34 Vict. c. 75. [Chap. 43.] Education {Administratim Provisions) Act 1907. [7 Edw. 7.] Power to provide for apportion- ment of ex- penses in a scheme con- stituting a joint educa- tion com- mittee. Borrowing from Public Works Loan Com- missioners. Amendment of s. 7 of 56 & 57 Vict. C.42. 3. In the application of section sixty-nine of the Local Government Act, 1888, to money borrowed after the passing of this Act under the Education Acts by the council of a county, a period not exceeding sixty years shall be substituted for a period not exceeding thirty years as the maximum period within which borrowed money is to be i-epaid, and any money reborrowed for the pui-pose of discharging a loan raised for the purposes of the Education Acts may, if the Local Government Board approve, and subject to such conditions as they impose, be repaid within such period, not exceeding sixty years from the date of the original loan, as the Local Government Board fix. 4. — (1) In the exercise of their powers and duties under section two of the Education Act, 1902, a county council shall have power and at all times since the commencement of that Act shall be deemed to have had power to agree with the council of any non-county borough or urban district within their area for the payment to that last-mentioned council of a contribution towards the capital expenditure incurred by them in respect of education other than elementary to such an amount and in such instalments and for such period and subject to such conditions as may be specified in the agreement. (2) Where any such agreement is made the contribution agreed to be paid by the county council shall, for the purposes of section nineteen of the Education Act, 1902, form part of the .security on which money may be borrowed by the council of the non-county borough or urban district under that section. 5. If the Local Government Board by order declare that expenses- incurred for particular purposes specified in the order may or may not be properly treated under section eighteen of the Education Act, 1902, as expenses ineuri^ed in respect of capital expenditure, no question shall be raised on audit as to the treatment of expenses incurred for those particular purposes if they are treated in accordance with the order. 6. Where any receipts or payments of money under the Education Acts are entrusted to any joint education committee established under section seventeen of the Education Act, 1902, or to any joint body established under section fifty-two of the Elementary Education Act, 1870, or otherwise established b}^ two or more local authorities, the accounts of those receipts and payments shall, unless in any case the Local Government Board direct to the contrary, or any provisions to the contrary which have been approved by the Local Government Board are contained in the scheme or instrument establishing the committee or body, be audited as if the joint committee or body were a separate local education authority, and the enact- ments relating to the audit of the accounts of local education authorities (including the penal provisions of those enactments) shall apply accordingly. 7. A scheme providing for the constitution of a joint education com- mittee under .subsection (5) of section seventeen of the Education Act, 1902, may make provision for the proportions in which any expenditure on matters referred or delegated to that committee is to be borne as between the councils of the counties, boroughs, or urban districts, or parts thereof forming the area for which the joint committee is constituted. 8. The Public Works Loan Commissioners may lend to a local education authority any money which that authority are authorised to borrow for the purposes of Part II. of the Education Act, 1902. 9. The condition that the annual expenses of the maintenance of a .school not managed by a school authority are, to the extent of not less than one third, to be defrayed out of sources other tlian local rates or moneys provided by Parliament, shall cease to be a condition required for the grant of a certificate under section seven of the Elementary Edu- cation (Blind and Deaf Children) Act, 1893, to such a school as a school suitable for providing elementary education for blind or deaf children. L' J^^lJW. '•) Ir/ 101)7. [(HAl-. 43.] 1081 10. It Hiiy quostiou iui.su.s whothor Jiny purpose fur which a eouiiril Decision of wish to exercise iiny powers under the Kihication Acts is h purpose of ' •''^^'" '*^"- Part II. of tlio Education Act, 1902, or of I'art III. ..f that Act, that ^ , ,^ question shall he referred to and deterniin<(l hy the Board of Jxlucation, jtoanl of '^ and their decision shall h»; conclusive on the matter. Kducation. 11. The powers and duties of a local education authority under Tart 1 i 1. I'ruvinionH of the Education Act, 1902, shall include a jtower to aid by Kclit*"'«^*I*ct. or bursaries the instruction in public elementary schools of scholai-s from ^'^ J"^^^^'"- the age of twelve up to the limit of a;,'e fix.-d for the provision of larien. cw! instruction in a public elementary school by sub.section two of section twenty-two of that Act. 12. It is hereby declared that any ]iowor of a council under the llj^'lior r-.lu. I'Alucation Act, 1902, to .supply or aid the supply of educatior' r»th<-r than '■;*''•"> i-jwh-r elementary is not conlined to the education of [lersons resident in their ""' c""lni<-'*l urea and the words " ordinarily resident in the area of the council," r'esidcntTn in subsection (2) of section twenty-three of the Education Act, 1902, area. are hereby repealed. 13. — (1) The powers and duties of a local education authority under I'roxisiunn Part III. of the Education Act, 1902, shall include— a-^ to vacation la) power to ])rovide, for children attondin'? a public elementary school, T i!"*!'"' r vacation schools, vacation classes, play-centres, or other means scliool chil- of recreation during their holidays or at such other times jvs dren, etc. in the local education authority may prescribe, in the .school- ck-meiitary house or in .some other suitable place in the vicinity, so far as the ''^"'^^'•■'• local education authority, in the case of a schoolhouse or place not belonging to them, can obtain for the purpose the use of the schoolhouse or ))laoe ; and (J>) the duty to provide for tlu' medical inspection of children immediately before or at the time of or as soon as possible after their admLstdou to a public elementary school, and on such other occasions as the Board of Education direct, and the power to make such arrange- ments as may be sanctioned by the Board of Education for attending to the health and physical condition of the children educated in public elementary .schools : Provided that in any exercise of powers under this section, the local education authority may encourage and assist the astablishment or continuance of voluntary agencies, and associate with itself representatives of voluntary associations for the puriK)se. (2) This .section .shall come into operation on the first day of January nineteen hundred and eight. 14. — (1) When a local education authority provide suitable mean.i ' of conveyance for a chihl between a rea.sonable distance of its home and ' "^' ,,.'', ,,.11, , 11 f 1 "*^' excUM; a public elementary school, it .shall not be a reasonable excuse tor the f,,^ ^y,,. purpo.ses of section seventy-four of the Elementary Education Act, If^Td, attendance or section eli'ven of the Elementary Education Act, 1S7(>. or a grt->und when i-oii- of exemption for the purposes of section nine of the latter Act, that th.-j-e ^^^"•^""I'i^y* is no public elementary .school open which such child can attend within the 1.,, i^ ^^, yj^.^ distance of its residence pre.scril)ed by those sections or by any byelaw made e. 7H. under .section .seventy four of the Elementary Kducation Act, 1870. I!eturn> by [Part omitted not applicable to Loudon.] havinir 16. Every council having powers umler I'art 11. of the t^tlucation Act, jowcrs under 19(12, shall give to the Board of Kducation such information with respect I'art II. of to the exercise of tho.se powers as the Board may from time to time retjuire. j!""/^!""'* 16. — (1) Any obligation to frame, form, or keep a register of teachers 1'mv2. under paragraph (a) of section four of the Board of Kducation Act, 1S99, i{(.jristcr of shall cease: Provided that it shall be lawful for His Majesty by Order ,,.a,her>. in Council to constitute a registration coiuicil repre.si'utative of the ti-siching 62 k f..'. Vict. profession, to whom ehall be assigned the duty of forming and keeping <^- •*•'• 70 1082 [Chai-. 43.] Edacation (^Administratice Provisions) ActlOOi: [7 Ed\v. :.] Repeal, short title, and constiiiction. a register of such teachers as satisfy the conditions of registration estab- hshed by the Council for the time being, and who apply to be registered. (2) The register shall contain the names and addresses of all registered teachers in alphabetical order in one column, together with the date of their registration, and such further statement as regards their attainments, training, and experience as the council may from time to time determine that it is desix-able to set forth. (3)' Any Order in Council under this section may be revoked, altered, or added to by any subsequent Order. (4) Such provision shall be made by Order in Council under this section as may appear nece.ssary or expedient for transferring any funds or property held by the existing Teachers' Registration Council to tbe Regis- tration Council to be constituted under this section and for winding up the business of the existing council and thereafter dissolving the council. (5) The existing Teachers' Registration Council means the Teacher.s' Registration Council established by Order in Council made under paragraph (a) of section four of the Board of Education Act, 1899. 17. — (1) The enactments mentioned in the Schedule to this Act are hereb}- repealed to the extent specified in the third column of that Schedule. (2) This Act may be cited as the Education (Administrative Provi-sions) Act, 1907, and shall be construed as one with the Education Acts, 1870 to 190o, and those Acts and this Act are in this Act referred to as the Education Acts, and may be cited as the Education Acts, 1870 to 1907. SCHEDULE. Enactments RErEAj.iou. Session and Chapter. JSiiort Title. Extent of Kepeal. 5<) k. 57 Vict. The Elementary The words " to the extent of not le.«s than one C.42. Edn cation third defrayed out of sources other than local (Blind and rates or moneys provided by Parliament and Deaf Children) are." in paragraph {b) of subsection (1) of section Act, isy3. seven. 62 & «3 Vict. The Board of Paragraph («) of section four. c. 33. Education Act. 1899. 63 & 64 Vict. The Elementary Section live. c. 53. Education Act, 1900. 2 Edw. 7. The Education The words '• ordinarilj- resident in the area of the c. 42. Act, 1902. council," in subsection t\vo of section twentv- three. Pi-iiilcd by Ho.zdl, WoAwa d- Viiuy, Ld., Lmulon aad Aylcshi'.nj. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below Form L-9 2ijm-l,' 41(1122) AT LOS ANGELES LIBRARY \ 3557 A2 1907 v.l London, Ordinances, etc, - London statutes. JS 3657 A2 1907 ▼.1 AA 000 514 922 4