3. _Proposed New Clauses_, _and Suggestions for the same_.

* * * * *

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.

Fifth Report of the Vestry of the Parish of Chelsea in the County of Middlesex, Appointed Under the Metropolis Local Management Act, 1855: 1860-1 · 第 122 / 142 题