shall be allowed to plead the General Issue therein, and to give any special Matter of Defence, Excuse, or Justification in Evidence under such Plea, at the Trial of such Action; and in every such Case after Notice of Action shall be given as aforesaid, and before such Action shall be commenced, the Defendant to whom such Notice shall be given may tender to the Party complaining, or to his Attorney or Agent, such Sum of Money as he may think fit, as Amends for the Injury complained of in such Notice; and after such Action shall have been commenced, and at any Time before Issue joined therein, such Defendant, if he have not made such Tender, shall be at liberty to pay into Court such Sum of Money as he may think fit; and which said Tender and Payment of Money into Court, or either of them, may afterwards be given in Evidence by the Defendant at the Trial under the General Issue aforesaid; and if it shall be found at the Trial that the Plaintiff is not entitled to Damages beyond the Sum tendered or paid into Court, or beyond the Sums so tendered and paid into Court, the Defendant shall be entitled to a Verdict, and the Plaintiff shall not be at liberty to elect to be nonsuit, and the Sum of Money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the Defendant's Costs in that Behalf, shall thereupon be paid out of Court to him, and the Residue, if any, shall be paid to the Plaintiff; or if, where Money is so paid into Court in any such Action, the Plaintiff shall elect to accept the same in satisfaction of his Damages in the said Action, he may obtain from any Judge of the Court in which such Action shall be brought an Order that such Money shall be paid out of Court to him, and that the Defendant shall pay him his Costs, to be taxed; and thereupon the said Action shall be determined, and such Order shall be a Bar to any other Action for the same Cause.

XXVIII. And be it enacted, That if at the Trial of any such Venue in AcAction the Plaintiff shall not prove that such Action was brought tions. within the Time herein-before limited in that Behalf, or that such Notice as aforesaid was given One Calendar Month before such Action was commenced, or if he shall not prove the Cause of Action stated in such Notice, or if he shall not prove that such Cause of Action arose in the County or Place laid as Venue in the Margin of the Declaration, or, when such Plaintiff shall sue in the County Court, within the District for which such Court is holden, then and in every such Case such Plaintiff shall be nonsuit, or the Defendant shall be entitled to a Verdict; and the Costs. Defendant shall in all Cases where he shall obtain Judgment, upon Verdict or otherwise, be entitled to his full Costs in that Behalf, to be taxed as between Attorney and Client.

XXIX. And be it enacted, That for the Purposes of this Act Meaning of cer the following Words and Expressions are intended to have the tain Words. Meanings hereby assigned to them respectively, so far as such

Meanings are not excluded by the Context or by the Nature of
the Subject Matter; (that is to say,)

The Word "Justice " shall be taken to mean a Justice of the
Peace or Magistrate for the County, City, Borough, Liberty,
Cinque Port, Riding, or other Jurisdiction in which any
Offence against this Act shall be committed, or in which the

Matter

Extent of Act.

Act may be amended, &c.

11 & 12 Vict. c. 112.

Short Titles.

Provision for
Cases where
Parts within

existing Com-
missions are
included in
Metropolitan
Commission.

Matter requiring the Cognizance of any Justice of the Peace
or Magistrate shall arise:

The Word "Animal" shall be taken to mean any Horse, Mare,
Gelding, Bull, Ox, Cow, Heifer, Steer, Calf, Mule, Ass, Sheep,
Lamb, Hog, Pig, Sow, Goat, Dog, Cat, or any other domestic
Animal:
The Word "Constable" shall be taken to mean any Head-
borough, Parish Beadle, Peace Officer, Special Constable, or
any Person belonging to the Metropolitan or City of London
Police Forces, or any Constabulary Force in any Part of the
United Kingdom:

The Expression "House of Correction" shall be taken to
mean the House of Correction or Common Gaol for the
County, City, Borough, Liberty, Cinque Port, Riding, or
other Jurisdiction for which the Justice of the Peace by
whom any Person shall be committed under the Provisions
of this Act shall act :
And, subject to the Context and to the Nature of the Subject
Matter, Words denoting the Singular Number are to be
understood to apply also to a Plurality of Persons, Animals,
or Things; and Words denoting the Masculine Gender are to
be understood to apply also to Persons and Animals of the
Feminine Gender; and the Word "over-drive" shall also
signify over-ride.

XXX. And be it enacted, That this Act shall not extend or apply to Scotland.

XXXI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

CA P. XCIII.

An Act to amend the Metropolitan Sewers Act.

[1st August 1849.] WHEREAS an Act was passed in the last Session of Par

liament, intituled An Act to consolidate and continue in force for Two Years, and to the End of the then next Session of Parliament, the Metropolitan Commissions of Sewers: And whereas it is expedient to extend and amend the Provisions of the said Act:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the Authority of the same, That in citing for any Purposes, in other Acts of Parliament and in legal Instruments, the said Act or this Act it shall be sufficient to use the Expression, as to the said Act, "The Metropolitan Sewers Act, 1848," and as to this Act "The Metropolitan Sewers Amendment Act, 1849."

II. And be it enacted, That if a Commission be issued under the said Act for Limits including Part only of the District within the Limits of any Commission of Sewers now in force, not being within the City of London or the Liberties thereof, the Authority of the Commissioners under such last-mentioned Commission of Sewers shall, as to all Parts and Places included within the Limits

of

of the Commission issued under the said Act, cease and determine, but, as to the Residue of the Parts and Places within the Limits of such other Commission of Sewers, shall continue as if such Residue only had been originally within the Limits thereof; and it shall be lawful for the Lord Chancellor, when he shall think fit, to direct the Issue of such Commission as aforesaid under this Act, to appoint any fit Person or Persons to ascertain the Debts and Liabilities of such other Commission, and to apportion, as between the Metropolitan Commissioners of Sewers and the Commissioners under such other Commission, the Liabilities subsisting under such other Commission, in such Manner as may appear just; and such Portion of the Debts and Liabilities as the Person or Persons so appointed may think just, and the Expenses of such Apportionment, shall be paid or provided for by the Metropolitan Commissioners of Sewers, and may be levied by Rates to be made on such of the Parts and Places within the Limits of their Commission as were previously within the Limits of such other Commission of Sewers, or by Monies borrowed, or otherwise, as they may think fit.

may agree to undertake

III. And be it enacted, That the said Commissioners may agree Commissioners with any Paving Board or Authorities in Matters of Paving for the undertaking the paving of any District or Place, on such Terms as may be agreed on, where the Commissioners and such Board or Authorities deem that Sewerage Works and the Convenience and Health of the Public would be promoted thereby.

IV. And be it enacted, That in all Cases where, either from Accident or Failure of Works under the Control of the Commissioners, Damage or Loss is occasioned to any Person, the Commissioners may, where they think fit, make such reasonable Compensation as to the Commissioners seems just for such Damage and Loss, although such Compensation may not be recoverable at Law against the Commissioners.

Works of
Paving.

Commissioners may make Compensation in

Cases of acci

dental Damage.

Works of cleansing may be performed in the Daytime, under Precau

V. And whereas Doubts have been raised as to the Power of the Commissioners to order certain Works of cleansing to be 'done except at Night: Be it declared and enacted, That, notwithstanding the Provisions of any Act concerning the Police of the Metropolis or other Acts to the contrary, the said Commis- tions. sioners may order or authorize their Officers, Workmen, or Contractors to carry on all Operations of cleansing Privies, Cesspools, and Places of the like Character within the Limits of the said Act, and to remove all Filth, Soil, and Matter, and to carry on all Works connected therewith, in the Daytime, the Commissioners taking all proper Care to prevent, as far as possible, Nuisance, Annoyance, or Delay; and any Contractor or Person employed by the Commissioners who omits to take all such reasonable Precautions as the Case admits of for the preventing Nuisance, Annoyance, or Delay in such Operations shall be liable to a Penalty of Five Pounds for every such Offence, and the like Penalty for every Day after the first during which the same Offence is continued.

delivering

Copies of Rates to Commis.

VI. And be it enacted, That when the Commissioners require Penalty for not a Copy or Extract of a Poor Rate Book from any Vestry Clerk or other Person, the same shall be delivered within such Time, not less than Seven Days, as the Commissioners require, and in default sioners. 12 & 13 VICT. Ff

they

Rates may be partly prospective and partly retrospective.

District and special Sewers Rates.

Contributions towards build ing Sewers.

Amount of Im

provement Rate may include Expenses of

making and re. covering Rate.

For Recovery of Improvement Rates in certain Cases.

they may impose on such Vestry Clerk or other Person a Penalty of Twenty Pounds, and a Penalty of Five Pounds for every Day during which such Vestry Clerk or other Person delays to supply such Copy.

6

VII. And whereas Doubts have been raised whether Rates under the said Act must not be made either wholly prospectively or wholly retrospectively:' Be it therefore declared and enacted, That such Rates may, in respect of any Expenses whatever, be made partly prospectively and partly retrospectively.

VIII. And be it enacted, That the District Sewers Rate and any other Sewers Rate may be made in respect of a Period shorter or longer than for One Year, and the Commissioners shall not be compelled or compellable in any Case to make a special Sewers Rate.

IX. And be it enacted, That the Commissioners may accept and order Payment by such Instalments as they think fit of Contribution towards the building of Sewers into which Parties are required to drain; and whenever the Commissioners, in pursuance of the recited Act, order the Owner or Occupier of a House to construct a covered Drain from such House to a Sewer, made within Thirty-five Years before the passing of that Act, they may (unless any Owner or Occupier of such House have previously contributed in respect of such House towards the Expense of the original Construction of such Sewer,) order the Owner or Occupier of such House to contribute and pay to the Commissioners, or to such Person as they think fit, such Sum as the Commissioners think just towards such Expense, notwithstanding there be a Drain made (either with or without the Permission of the Commissioners) from such House communicating with such Sewer, unless such existing Drain be in the Judgment of the Commissioners sufficient for the proper Drainage of such House; and after any such Sum is ordered to be paid, the same may be recovered as a Debt due to the Commissioners or other Persons to whom the same is ordered to be paid from the Party ordered to pay, or if the same is ordered to be paid to the Commissioners the Amount may be recovered by Distress and Sale of the Goods and Chattels of the Person liable to pay the same.

X. And be it enacted, That the Amount of any Improvement Rate which the Commissioners may levy may, if they think fit, be such Amount as in their Judgment will be sufficient to discharge, not only the Expenses in respect of which the Rate is levied, with Interest thereon at a Rate not exceeding Five Pounds in the Hundred, but also such a Sum as will meet the Expenses, or what is, in the Judgment of the Commissioners, a due Proportion of the Expenses, incurred and to be incurred in and about the making and recovering of such Rate.

XI. And be it enacted, That whenever any Premises in respect of which any Expenses authorized to be paid by an Improvement Rate have been incurred are wholly or partly destroyed, pulled down, or suffered to fall into Decay, or are unoccupied for more than Twelve successive Months, or are subdivided, or have their Boundaries altered, and whenever, for any other Cause, it appears to the Commissioners that the Recovery of such Expenses by an Improvement Rate may be impracticable, or practicable only at

an undue Cost, or with undue Difficulty or Delay, then and in any such Case the Commissioners may at any Time, if they think fit, by their Order or Decree direct that such Expenses, or such Part thereof as (after applying towards the Discharge of such Expenses, with Interest, the Rate or Rates, if any previously levied,) remain unpaid, shall be paid as Charges for Default; and the Commissioners may also at any Time, if they think fit, by their Order or Decree charge the unpaid Amount of such Expenses, with Interest, upon the Site of such Premises, and order that such unpaid Expenses and Interest shall be paid by the Owner for the Time being of such Site; and in such Case such unpaid Expenses and Interest shall be paid by such Owner, and shall be recoverable in like Manner as by the recited Act provided with respect to the Payment and Recovery of the Costs, Charges, and Expenses of and incidental to the making and putting in force of any Order or Decree of any Court of Sewers touching any Matter or Thing within the Jurisdiction of the Commissioners.

Action.

XII. Provided always, and be it enacted, That the Commis- Rate may be sioners, if they think it expedient so to do, may bring in the recovered by Name of their Clerk any Action of Debt or special Action on the Case in any of the Superior Courts for any Rate exceeding Twenty Pounds, in which Action it shall be sufficient to declare that the Defendant is indebted to the Commissioners in such Sum of Money as the Commissioners suppose to be due; and if they recover such Sum, or any Part thereof, they shall have full Costs, to be levied and recovered as other Monies upon Judgments are now by Law levied and recovered.

XIII. And be it enacted, That the Commissioners may include Several Names any Number of Names and Sums in any Warrant of Distress.

may be in One Warrant.

XIV. And be it enacted, That the Commissioners may, if they Commissioners think fit, from Time to Time prepare such Forms of any Notices, may prepare Presentments, Rates, Warrants, Precepts, Summonses, and other Forms of NoProcess and Proceedings for any of the Purposes of the Com- tices, &c. mission, as they think most convenient, and alter and revoke such Forms; and every such Form, sanctioned by the Order or Decree of a special Court, may, and when so directed by such Order or Decree shall, until the same is altered or revoked by the Order or Decree of a subsequent special Court, be used for the Purposes indicated by the Order or Decree sanctioning the same, and shall, according to the Terms of such Order or Decree, be as valid and effectual to all Intents and Purposes as if such Form were by this Act enacted and authorized or directed to be used accordingly.

XV. And be it enacted, That after the passing of this Act Clerk to be the Chief Clerk to the Commissioners shall be called the Secre- Secretary. tary, and the Word "Clerk" in the recited Act and this Act and in any other Act relating to the Commissioners and in any Commission issued under the recited Act respectively shall include "Secretary."

to include Engineer."

XVI. And be it enacted, That after the passing of this Act the "Surveyor" Word "Surveyor" in the recited Act and this Act and in any other Act relating to the Commissioners and in any Commission issued under the recited Act respectively shall include "Engi neer;" and the Commissioners may from Time to Time, if they

Ff2

think