| Clauses in
Bill.
| Observations.
|
| III. The inspectors of votes directed to be
appointed under the first recited Act, shall, before commencing
the duties of their office under the said Act, appoint by writing
under their hands an umpire; and in case of any dispute or
disagreement between the said inspectors, as to any matter which
they are by the said Act required to determine, such matter shall
be decided by the said umpire, and his decision in relation
thereto shall be final and conclusive.
| The committee consider that in case of division amongst
the inspectors, the umpire should be chosen by
lot.
|
| V. Any vestryman who during six successive months
shall not have attended the meetings of the vestry of which he is
a member, shall, upon the expiration of such six months, cease to
be a member of such vestry, and the vacancy occasioned by his so
ceasing to be a member, shall be filled up at the next annual
election.
| The committee would have preferred three months as the
limit; but that attendance at any committee should
count. They think also that leave of absence might
be given in certain cases.
|
| XVII. In case any sewer shall be constructed by any
vestry or district board in a street in which no sewer existed
previously to such construction, and in and on which no sewers
rate had been levied previously to 1st January, 1856, the expense
of constructing such sewer, including the cost of gullies, side
entrances, and other incidental charges and expenses, shall be
borne and defrayed by the owners of the houses situate in such
street, and of the land bounding or abutting on such street
respectively, in proportion to the length of frontage of the
houses or land belonging to them or any of them, and such
expenses shall be apportioned by the vestry or district
board, and the amount charged upon or in respect of each house or
premises shall be paid by instalments within such period as the
vestry or district board shall determine, not exceeding seven
years, and shall be recoverable from the present or any future
owner of the said house or premises in manner hereinafter
provided.
| Suppose a street cut through market garden ground,
upon which a small sewers rate has been paid, are the
houses and land to be free from payment under this
section.
|
| XXI. The 77th section of the said Act is hereby
repealed, and in lieu thereof be it enacted, that no person shall
make or branch any sewer or dram, 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 any such board or vestry, or
authorized to be made by them, or either of them, under the first
recited Act, or this Act, such drain being of such size and
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; and in case any person, without such consent,
make or branch any sewer or drain, or make any opening into any
of the sewers vested in any board or vestry, or authorized to be
made by them as aforesaid; or if any person make or branch any
drain of a different construction, size, or conditions, or in
another manner or form of communication than shall be directed or
appointed by the said board or vestry, every person so offending
shall, for every such offence, forfeit a sum not exceeding fifty
pounds; and the said board or vestry may, if they shall see fit,
execute the necessary works for making the drain conformable to
their directions, at the expense of the person making such drain,
or causing the same to be made, such expenses to be recovered in
a manner hereinafter provided.
| The committee consider that this section should be made
to apply also to any person causing the works to be
executed.
|
| XXX. The vestry of every parish, and the district
board of every district, shall, with the previous consent in
writing of the Metropolitan Board of Works, have power within
their respective parish or district, to widen, alter, or improve
any street, road, or way, for facilitating passage and traffic;
or to contribute and join with the Metropolitan Board, or with
any other body or persons, in any such improvements; and to take
by agreement or by gift any land, rights in land, or property,
for the purposes aforesaid, or any of them, on such terms and
conditions as they may think fit.
| make, lengthen, continue,
extend
|
| XXXIV. So much or the 141st section of the first
recited Act as provides that it shall be lawful for the
Metropolitan Board of Works, from time to time, to cause to be
painted or affixed on a conspicuous part of some house or
building at or near each end, corner, or entrance of every street
in the Metropolis the name of such street, and that the said
board may, where more than one street in the Metropolis is called
by the same name, alter the name of any or all such streets,
except one, to any other name which to such board may seem fit,
and which may be approved by the Commissioners of Her
Majesty’s Works and Public Buildings, is hereby repealed,
and in lieu thereof be it enacted, that vestries and district
boards shall and may, within the limits of their respective
jurisdiction, from time to time cause to be painted or affixed on
a conspicuous part of some house or building at or near each end,
corner, or entrance of every street in then parish or district
the name of such street, and renew such name, whenever it may be
obliterated or defaced; and the Metropolitan Board of Works may
alter the name or names of any street, or of any place or row of
houses, or in any line of road, to any other name or names which
to such board may seem convenient and proper, and which may be
approved by the Commissioners of Her Majesty’s Works and
Public Buildings.
| The committee think the numbering should be also
transferred to vestries, &c.
|
| XXXVI. The 143rd section of the first recited Act is
hereby repealed, and in lieu thereof be it enacted, that no
building [or erection whether temporary or permanent]
shall without the consent in writing of the Metropolitan Board of
Works be erected [or made] beyond the general line of
buildings, in any street, place, or row of houses in which the
same is situate, in case the distance of such line of buildings
from the highway does not exceed thirty feet, or within thirty
feet, of the highway where the distance of the line of buildings
therefrom amounts to or exceeds thirty feet, notwithstanding
there being gardens or vacant spaces between the line of
buildings and the highway; and in case any building be erected
contrary to this enactment, it shall be lawful for the
Metropolitan Board of Works to cause the same to be demolished,
and the materials thereof to be removed to a convenient place, or
to cause such building to be set back (as the case may require),
and to recover the expenses incurred by them in so doing from the
owner of the premises, in manner hereinafter provided.
| The committee think it would be advisable to introduce
after the word “building,” the words,
‘wall, gate, fence, pier, or
other projection,’ and that the application should
be made and the consent conveyed through vestries,
&c.
|
| XXXVII. The 157th section of the first recited Act
is hereby repealed, and in lieu thereof be it enacted, that the
Metropolitan Board of Works, and any vestry or district board,
may, where necessary for the purpose of executing any work
authorized by this Act, open and break up any turnpike road,
under and subject to the restrictions and provisions hereinafter
contained; that is to say, seven days’ previous notice,
with a full description of any intended works, shall be left at
the office of the Commissioners or trustees of the road; and the
party doing the works shall cause all openings in the road to be
effectually secured and fenced, and affix, and maintain lights
during the night near to the place where the ground is open, so
as to prevent accidents: and the said commissioners or trustees
are hereby absolved from all liability in respect of any accident
arising in consequence of such works; and the party doing the
works shall restore every road so opened or broken up to its
original state as to surface and materials, and in order to meet
the future expenses consequent on the subsidence of materials
newly filled in, shall pay to such commissioners or trustees, on
demand, such sum as they shall require for such purpose, not
exceeding one shilling for every superficial square yard, and, so
far as the works affect the same, shall make good all drainage,
paving of water channels, kerbs of footpaths, and other matters
and things connected with the maintenance of the road; and in
default the surveyor of the said commissioners or trustees may
cause the necessary work to be done; and in all cases of expense
incurred by any such surveyor, on the default of the party doing
the works, such party shall pay such expense to the commissioners
or trustees, on demand.
| See remark as to sec. 21.
|
| XLIII. The Metropolitan Board may order any person
on their behalf from time to time to inspect any of the rates for
the relief of the poor in any parish or place within the limits
of the said Act, and every district board may order any person on
their behalf to inspect any rate for the relief of the poor in
the parishes in their district, or either of them, and the books
in which are contained the assessments by which the same are
made, and to take copies thereof, or any part or parts thereof,
or extracts therefrom respectively. And it shall be lawful
for the said Metropolitan Board and district boards respectively
by order in writing to require the vestry clerk, overseer,
collector, or other person having the custody or control of such
rate or books as aforesaid of any parish or place to furnish
within such period, not being less than seven days, as shall be
limited in such order, a true copy of such rate book, or of such
part or parts of the rate book in his or their custody, as shall
be specified in such order, on payment or tender for such copy at
the rate of sixpence for every twenty-four names (inclusive of
all the particulars in the several columns of the rate, so far as
such particulars have reference to such names respectively); and
such copy shall be examined and signed by such vestry clerk,
overseer, collector or other person, and shall be verified by his
solemn declaration, if the said metropolitan or district board
shall require the same, which solemn declaration any justice of
the peace, or commissioner duly authorized, is hereby authorized
to administer; and any person having the custody or control of
such rates or books as aforesaid respectively, who shall refuse
or neglect at all reasonable times, to produce the same
respectively to such persons so authorized as aforesaid, and
permit him to inspect the same, and to take copies thereof or
extracts therefrom as he shall think fit, or who shall refuse or
neglect to make and deliver to such person 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 further continuing penalty of ten pounds for each and every
day during which the said offence shall be continued.
| These powers to be extended to vestries and district
boards. C. of Wks. M.B. Vol. 2. Fo.
51.
|
| XLV. The provisions of the 171st section of the
first recited Act for enabling the clerk or other person
authorized by the Metropolitan Board of Works to inspect or take
copies of, or extracts from county rates, bases, returns, and
other documents; and the penalties by the said enactment
prescribed in the case of neglect of permission or refusal of
inspection, or neglect or refusal of permission for taking copies
or extracts, are hereby extended and made applicable to all other
rates, taxes, and assessments, whether parliamentary, parochial,
or otherwise, within the several parts of the metropolis, or the
other parts liable to assessment by the said board, and the books
in which the same are contained, and the valuations and returns
relating thereto, and the person or persons having the custody or
control thereof.
| These powers to be extended to vestries and district
boards. C. of Wks. M.B. Vol. 2. Fo.
51.
|
| XLVIII. The assessment of any money assessed or to
be assessed by the Metropolitan Board of Works, and the precept
for obtaining payment of any monies required by the said board,
may be according to the forms contained in Schedule A to this
Act, or to the like effect.
| A form for use of vestries and district boards to be
also given. C. of Wks. M.B. Vol. 2.
Fo. 51.
|
| XLIX. Whereas the Metropolitan Commissioners of
Sewers in the exercise of the powers conferred upon them by the
Act of the 11 and 12 years of Her Majesty, cap. 112, did approve
and adopt certain plans for the main drainage and sewage
interception of the metropolis, and certain sewers and works
included within and forming a portion of the plans so approved
and adopted were constructed and completed by the said
Commissioners, or by the Metropolitan Board of Works, that is to
say, the sewers and works known as the Counter’s Creek
Diversion Works; and whereas the cost of the said works,
amounting to the sum of £43,721 15s., was defrayed by
monies borrowed on certain securities, which securities and
monies are included amongst, and form part of the securities and
monies enumerated in Schedule B to this Act, and the debt so
incurred was charged by the said Commissioners upon the following
sewerage districts, viz., the Counter’s Creek District, the
Ranelagh District, and the Fulham and Hammersmith District, in
certain shares and proportions, and has been apportioned by the
Metropolitan Board of Works, pursuant to the 181st section of the
firstly recited Act, among the several parishes or parts of
parishes which heretofore constituted the said districts, that is
to say, Paddington; Chelsea; St. Mary Abbotts, Kensington; St.
Margaret and St. John the Evangelist, Westminster; St. Peter and
St. Paul, Hammersmith; Fulham; Willesden; St. Marylebone; St.
George, Hanover-square; Chelsea; St. John, Hampstead; Acton,
Ealing, and Chiswick; and whereas it is just and expedient that
the cost of and incidental to the construction and execution of
the said sewers and works, amounting to the sum aforesaid, should
be deemed to be, and become part of the expenses of, and
incidental to the works directed by the 135th section of the said
Act for the better Local Management of the Metropolis, to be made
and executed by the said board, for preventing all or any part of
the sewage within the metropolis from flowing or passing into the
Thames in or near the metropolis: be it therefore enacted, that
the costs and charges of the said works, amounting to the sum of
£43,721 15s., and the monies borrowed for defraying the
same, shall cease to be the special debt and obligation of the
said parishes and parts of parishes, and that the same shall be
transferred to the metropolis at large, including the said
parishes and parts of parishes, in the several proportions and in
manner set forth in Schedule B to this Act annexed, and all sums becoming
payable under or required for the payment of any security given
for such monies, or any part thereof, or any interest accruing
thereon, shall be raised by the said Metropolitan Board of Works
upon the City of London and the said other parts of the
metropolis, in the proportion of the annual value of the property
therein, in the same manner as other monies raised for the
expenses of and incidental to the execution of works for
preventing the sewage of the metropolis from flowing or passing
into the Thames in or near the metropolis; and the said board
shall give the said parishes, and parts of parishes, credit for
all sums which may have been overpaid by them, or any of them, in
respect of principal or interest on the said security or
securities (if any), since the 1st day of January, 1856.
| The committee wish the sums levied upon the
Counter’s Creek District, under former precepts of
Metropolitan Board, if not paid by vestries,
&c., to be returned to the ratepayer or to the
person holding the receipt for the time being.
|
| LV. Any person who shall take up, remove, demolish,
or interfere with any sewer or part of a sewer vested in the
Metropolitan Board of Works, or in any vestry or district board,
without the previous permission in writing of such board or
vestry, or who shall wilfully damage any sewer, bank, defence,
wall, penstock, grating, work or thing vested in the Metropolitan
Board, or any vestry or district board, or do any act by which
the drainage of the metropolis, or of any parish or district or
of any part or parts thereof, may be obstructed or injured, shall
for every such offence forfeit and pay to the said Metropolitan
Board of Works, or to the vestry or district board in which the
same may be vested, for every such offence, a sum not exceeding
twenty pounds, and shall also pay to such board or vestry all the
expenses of repairing, restoring, reinstating, or amending any
sewer or other work or thing so taken up, removed, demolished,
damaged, or interfered with.
| See remark as to section 21.
tide valve, flap, side entrance.
|
| LVIII. The 217th section of the first recited Act is
hereby repealed, and in lieu thereof be it enacted, that it shall
be lawful for any vestry or district board, at their discretion,
to require the payment of any costs or expenses which the owner
of any premises may be liable to pay under the said recited Act
or this Act, either from such owner or from any person who then
or at any time thereafter occupies such premises; and the owner
shall allow such occupier to deduct the sums of money which he so
pays out of the rent from time to time becoming due in respect of
the said premises, as if the same had been actually paid to such
owner as part of such rent.
| To be altered so as to give vestries and district
boards power to make improvement rates. C. of
Wks. M.B. Vol. 2. Fo. 51.
|
| LXI. The 234th section of the first recited Act is
hereby repealed, and in lieu thereof be it enacted, that all
penalties or forfeitures payable or receivable under the said
first recited Act, or this Act, shall go and be paid in manner
hereinafter mentioned, anything contained in the Act of the 2nd
and 3rd Vict., c. 71, or in any other Act or Acts to the contrary
notwithstanding, that is to say, one half shall go to the
informer, and the remainder shall go to the vestry or district
board of the parish or district in which the offence was
committed, or to the Metropolitan Board of Works in case the
injury shall have been sustained by or the offence committed in
respect of that board, or if such vestry or district board or the
Metropolitan Board of Works be the informers, then the whole of
the penalty recovered shall go to them respectively, and all sums
which shall go to or be recovered, by any board or vestry on
account of any penalty or forfeiture, shall be paid to their
treasurer or otherwise into such bank to their account as they
may direct, and shall be applicable to the general expenses of
the board or vestry.
| Penalties under Nuisances’ Removal Act to be made
payable to vestries and district boards. C. of
Wks. M.B. Vol. 2. Fo. 51.
|
| LXIII. No writ or process shall be sued out against
or served upon, and no proceeding shall be instituted against the
Metropolitan Board of Works or any vestry or district board, or
their clerk, or any clerks, surveyor, or other officer or person
whomsoever, acting under their or any of their directions, for
anything done or intended to be done under the powers of such
board or vestry under the said Acts, or this Act, until the
expiration of one month next after notice in writing shall have
been delivered, as herein provided concerning the service of
notices upon such board or vestry, or, where the action or
proceeding shall be against such other officer or person, shall
have been delivered to him or left at his office or place of
abode, explicitly stating the cause of action, or ground of the
proceeding or demand, and the name and place of abode of the
intended plaintiff or claimant, and of his attorney or agent in
the cause or proceeding; and upon the trial of any action the
plaintiff shall not be permitted to go into evidence of any cause
of action except such as is stated in the notice so delivered,
and unless such notice be proved the jury shall find for the
defendant: and every such action and proceeding shall be brought
or commenced within six months next after the accrual of the
cause of action or ground of claim or demand, and not afterwards,
and every such action shall be laid and tried in the county or
place where the cause of action occurred, and not
elsewhere. And the defendant shall in any such
action be at liberty to plead the general issue, and give the
said recited Acts, and this Act, and all special matter in
evidence thereunder. And it shall be lawful for the board
or vestry or any person to whom such notice is given as aforesaid
to tender amends to the plaintiff, his attorney or agent, at any
time within one month after service of such notice, and in case
the same be not accepted to plead such tender in bar, and (by
leave of the court) with the general issue or other plea or
pleas; and if upon issue joined upon any plea pleaded to the
whole action the jury find generally for the defendant, or if the
plaintiff be nonsuited or discontinued, or if the judgment be
given for the defendant, then the defendant shall be entitled to
full costs of suit and have judgment accordingly. And in
case amends have not been tendered as aforesaid, or in case the
amends tendered be insufficient, it shall be lawful for the
defendant, by leave of the court, at any time before trial, to
pay into court under plea such sum of money as he may think
proper, and (by the like leave) to plead the general issue or
other plea or pleas, any rule of court or practice to the
contrary notwithstanding.
| To be given to contractors as well as to vestries,
&c. C. of Wks. M.B. Vol. 2.
Fo. 51.
|
Any person who shall draw or drive any wheeled Bath or invalid chair, or perambulator, upon any footway or curb stone, shall be liable to a penalty not more than forty shillings.
Every person sweeping or placing, or causing to be swept or placed, any mud, dirt, rubbish, filth, soil, saw dust, shavings, straw, or refuse from shops, into or upon any thoroughfare, or into or upon any channel, or gutter on the side of any street, shall be liable to a penalty not more than forty shillings.
Every person placing or causing to be placed any dung upon any thoroughfare, or in any stable yard or mews, except into dung pits constructed to the satisfaction of the vestry or district board, as the case may be, shall be liable to a penalty not more than forty shillings.
Every person who shall affix any posting bill or other paper against any street post, lamp post, or public lamp, shall be liable to a penalty not more than forty shillings.
Every person who shall keep pigs upon premises, after notice from a vestry or district board to discontinue such keeping, shall be liable to a penalty not more than five pounds.
And be it enacted, That all doors, gates, and bars, not being underground doors, hereafter to be erected within the limits of this Act, leading to any house, building, yard, or land, and which shall open upon or towards any public street, not being a stable yard or mews, shall be constructed so as to open into or towards such house, yard, building, or land; and if any such door, gate, or bar shall be constructed so as to open in any other manner, the person who shall have caused such door, gate, or bar to be so constructed, shall be liable to a penalty not exceeding forty shillings.