* * * * *
1.—OBSERVATIONS UPON THE ACT, 18th and 19th VICT., CAP. 120, NOT INCLUDED
IN THE AMENDMENT BILL.
The provisions of the 83rd, 121st, 122nd, and 123rd sections of this Act,
to be made to extend to the person causing the offences to be committed.
In section 109, gas companies to be prevented from taking up mains of
pipes except for the purpose of substituting new pipes for old, unless by
permission of vestries or district boards.
In section 119, to introduce the words, “projecting blind, blind iron,
blind frame, reflecting shop lamps, gas reflectors,” or part thereof,
below six feet six inches from the pavement.
That an independent paid auditor or auditors should be appointed to audit
the accounts of all the vestries and district boards throughout the
metropolis, as well as of the Metropolitan Board of Works. That power
should be given to vestries and district boards, to put streets, which
have never been properly formed, into a proper state of repair, and to
rate the owners and occupiers of the property abutting on such streets
for the expense of putting the same into a proper state of repair, the
future maintenance thereof to devolve upon the vestry or board.
That power should be given to compel the owners or occupiers of property
abutting on streets, to erect such fences as may be necessary for the
protection of the public.
2.—OBSERVATIONS UPON THE BILL PREPARED AND FORWARDED BY THE METROPOLITAN
BOARD OF WORKS, on the 29th MAY, 1858.
_It must be recollected that this Bill was not proceeded with_, _and is
not the same as that now_ (_April_, 1860), _under consideration_, _nor as
that introduced by Mr. Tite_, _in the House of Commons_, _in August_,
1859.
CLAUSES IN BILL. OBSERVATIONS.
III. The inspectors of votes _The committee consider that in
directed to be appointed under case of division amongst the
the first recited Act, shall, inspectors_, _the umpire should
before commencing the duties of be chosen by lot_.
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.
V. Any vestryman who during six _The committee would have
successive months shall not have preferred three months as the
attended the meetings of the limit_; _but that attendance at
vestry of which he is a member, any committee should count_.
shall, upon the expiration of _They think also that leave of
such six months, cease to be a absence might be given in certain
member of such vestry, and the cases_.
vacancy occasioned by his so
ceasing to be a member, shall be
filled up at the next annual
election.
XVII. In case any sewer shall be _Suppose a street cut through
constructed by any vestry or market garden ground_, _upon
district board in a street in which a small sewers rate has
which no sewer existed previously been paid_, _are the houses and
to such construction, and in and land to be free from payment
on which no sewers rate had been under this section_.
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.
XXI. The 77th section of the _The committee consider that this
said Act is hereby repealed, and section should be made to apply
in lieu thereof be it enacted, also to any person causing the
that no person shall make or works to be executed_.
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.
XXX. The vestry of every parish, _make_, _lengthen_, _continue_,
and the district board of every _extend_
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.
XXXIV. So much or the 141st _The committee think the
section of the first recited Act numbering should be also
as provides that it shall be transferred to vestries_, _&c._
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.
XXXVI. The 143rd section of the _The committee think it would be
first recited Act is hereby advisable to introduce after the
repealed, and in lieu thereof be word_ “building,” _the words_,
it enacted, that no building [_or ‘_wall_, _gate_, _fence_, _pier_,
erection whether temporary or _or other projection_,’_ and that
permanent_] shall without the the application should be made
consent in writing of the and the consent conveyed through
Metropolitan Board of Works be vestries_, _&c._
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.
XXXVII. The 157th section of the _See remark as to sec._ 21.
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.
XLIII. The Metropolitan Board _These powers to be extended to
may order any person on their vestries and district boards_.
behalf from time to time to C. of Wks. M.B. Vol. 2. Fo.
inspect any of the rates for the 51.
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.
XLV. The provisions of the 171st _These powers to be extended to
section of the first recited Act vestries and district boards_.
for enabling the clerk or other C. of Wks. M.B. Vol. 2. Fo.
person authorized by the 51.
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.
XLVIII. The assessment of any _A form for use of vestries and
money assessed or to be assessed district boards to be also
by the Metropolitan Board of given_. C. of Wks. M.B. Vol.
Works, and the precept for 2. Fo. 51.
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.
XLIX. Whereas the Metropolitan _The committee wish the sums
Commissioners of Sewers in the levied upon the Counter’s Creek
exercise of the powers conferred District_, _under former precepts
upon them by the Act of the 11 of Metropolitan Board_, _if not
and 12 years of Her Majesty, cap. paid by vestries_, _&c._, _to be
112, did approve and adopt returned to the ratepayer or to
certain plans for the main the person holding the receipt
drainage and sewage interception for the time being_.
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.
LV. Any person who shall take _See remark as to section_ 21.
up, remove, demolish, or
interfere with any sewer or part _tide valve_, _flap_, _side
of a sewer vested in the entrance_.
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.
LVIII. The 217th section of the _To be altered so as to give
first recited Act is hereby vestries and district boards
repealed, and in lieu thereof be power to make improvement rates_.
it enacted, that it shall be C. of Wks. M.B. Vol. 2. Fo.
lawful for any vestry or district 51.
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.
LXI. The 234th section of the _Penalties under Nuisances’
first recited Act is hereby Removal Act to be made payable to
repealed, and in lieu thereof be vestries and district boards_.
it enacted, that all penalties or C. of Wks. M.B. Vol. 2. Fo.
forfeitures payable or receivable 51.
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.
LXIII. No writ or process shall _To be given to contractors as
be sued out against or served well as to vestries_, _&c._ C.
upon, and no proceeding shall be of Wks. M.B. Vol. 2. Fo. 51.
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.