paid, applied, and disposed of, so far as the same will extend, in defraying and reimbursing the costs, charges, and expenses which shall have been incurred as aforesaid. CXXXII. That all sums which the Commissioners are authorized to charge and recover as charges for default under this Act shall and may be demanded and received by the treasurer or other person appointed by the Commissioners to receive the same, and, if not paid upon demand, shall and may be levied by distress and sale of the goods and chattels of the person upon whom such charges for default shall be imposed, and shall be applied by the Commissioners in satisfaction of the expenses occasioned by such default. CXXXIII. That every person who shall wilfully obstruct any surveyor, officer, or person duly employed by the Commissioners, or any workman or other person acting under his authority, in the execution of this Act, shall for every such offence be liable to a penalty no exceeding 51. CXXXIV. That every person who shall destroy, pull down, injure, or deface any board placed by authority of the Commissioners in or about any of their offices or premises, upon which any bye-law or notice of the Commissioners shall be painted or placed, shall for every such offence be liable to a penalty not exceeding 51. CXXXV. That if the occupier of any premises shall prevent the owner thereof from carrying into effect, with respect to such premises, any of the provisions of this Act, it shall be lawful for any Justice, by order in writing (which may be according to the form contained in the Schedule (D.) to this Act, or to the like effect), to require such occupier to permit the execution of the works required to be executed; and if after the making of such order the occupier against whom the same shall be made refuse or neglect to comply therewith, he shall be liable to a penalty not exceeding 51. 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 Commissioners to state the name and description of the owner of the premises occupied by him, shall 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 appointed in such summons, and if the party so summoned neglect or refuse to attend at the time and place so appointed, or if he do not shew good cause for such refusal, or if such wilful omission or mis-statement be proved, the Justice before whom the party is so summoned may impose upon the offender a penalty not exceeding 51. CXXXVI. That every offender who shall be liable to any penalty or forfeiture imposed by this Act, or by any bye-law of the Commissioners, for the recovery whereof provision is not herein otherwise made, and also any person liable to make compensation which is herein authorized to be ascertained and recovered before Justices in a summary manner, shall be proceeded against, and such penalty or forfeiture and compensation respectively shall be awarded, recovered, and enforced, in the same manner as the persons liable to the penalties and forfeitures and to make the amends for hurt and damage which respectively are imposed and may be ordered to be paid by and under an Act, 2 & 3 Vict. c. 47, intituled 'An Act for further improving the Police in and near the Metropolis; and such last-mentioned penalties, forfeitures, and amends may by law be proceeded against, awarded, recovered, and enforced respectively, and all provisions, powers, and rights which are by law applicable to and consequent upon proceedings against persons liable to the penalties and forfeitures and to make the amends for hurt and damage which respectively are imposed and may be ordered to be paid by and under the said Act, 2 & 3 Vict. c. 47, shall be applicable to the proceedings against offenders who shall be liable to penalties and forfeitures, and persons liable to make compensation under this Act as aforesaid: Provided always, that every sum which shall be recovered in respect of any such penalty and forfeiture as last aforesaid, other than any penalty or forfeiture which shall be imposed upon the Commissioners or any of them, or any of their officers or servants, shall be paid to the Commissioners, and shall be applicable to the general expenses of the commission; and that every sum recovered in respect of any penalty or forfeiture imposed on the Commissioners or any of them, or on any of their officers or servants, shall be applicable in the same manner as if such penalties and forfeitures had been imposed by the said Act, 2 & 3 Vict. c. 47; provided that the magistrate or Justices by whom the conviction or order shall be made may award any part of such last-mentioned penalty or forfeiture to any person aggrieved by the offence. CXXXVII. That no proceeding for the recovery of any penalty or forfeiture incurred under the provisions of this Act shall be had or taken by any person other than by a party grieved, or by or on behalf of the Commissioners, without the consent in writing of Her Majesty's Attorney General; and that no such penalty or forfeiture incurred shall be recovered unless proceedings for the recovery thereof shall have been commenced within six months after the commission or occurrence of the offence upon which the penalty or forfeiture shall attach; and if the application of the penalty or forfeiture be not otherwise provided for, one half thereof shall go to the informer, and the remainder shall go to the Commissioners, or if the Commissioners be the informers the whole of the penalty recovered shall go to the Commissioners; and all sums which shall go to or be recovered by the Commissioners on account of any penalty by the Commissioners shall be paid to their treasurer, and shall be applicable to the general expenses of the commission; provided that in every case where the Commissioners or any of them shall be liable to any penalty or forfeiture the whole of such penalty or forfeiture shall go to the informer. CXXXVIII. That 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 Commissioners or any of them, except where herein otherwise provided, or upon their clerk, may lawfully be served by delivering the same personally to the clerk of the Commissioners, or to some inmate at his usual place of abode, or by leaving the same at the principal office of the Commissioners. CXXXIX. That all notices by this Act required to be given to the owner or occupier of any land or premises may be served personally on such owner or occupier or left with some inmate of his place of abode, or, if there be no occupier, may be affixed to some conspicuous part of such land or premises, and it shall not be necessary in any such notice to name the owner or occupier of such land or premises: Provided always, that where there shall be no occupier, and the owner of any such land or premises, and his place of abode, be known to the Commissioners, they shall cause such notice to be served on such owner personally, or left with some inmate of his place of abode, or shall transmit the same to such owner through the post-office. CXL. That every notice, summons, and demand given by or on behalf of the Commissioners, by any of their officers under this Act, may be in writing or print, or partly in writing and partly in print, and may and shall be sufficiently authenticated if signed by the clerk of the Commissioners, or by the officer by whom the same may be given. CXLI. That where in this Act any sum of money whatsoever is authorized to be raised or levied by distress, it shall be lawful for the Commissioners to issue a warrant under the seal of the Commissioners, directing any person to levy such sum of money, and the costs, charges, and expenses of such warrant, and of executing the same, by distress of the goods and chattels of the person against whom such warrant shall be issued; and if within five days next after any distress shall be made such sum of money, and the costs, charges, and expenses of such warrant, and of making such distress, and of keeping such goods and chattels, shall not be paid, then the person authorized by the said warrant shall cause the said goods and chattels to be appraised, and to be sold, either on the premises where the same shall be distrained or elsewhere, or such part thereof as in his judgment shall be sufficient to pay such sum of money, and the reasonable costs, charges, and expenses of the warrant and distress, and of the keeping and removing, appraising and selling such goods and chattels, and shall return the overplus (if any) to the owner of such goods and chattels, upon demand thereof made by him; and such warrant may be in the form contained in the Schedule (E.) to this Act, or to the like effect; and no distress levied under the authority of this Act shall be unlawful, nor shall any person making the same be a trespasser, on account of any defect or want of form in the warrant of distress or other proceeding relating thereto, nor shall be a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction in an action upon the case. CXLII. That from and after the issuing of the first commission under this Act the several Acts mentioned in the Schedule (F.) to this Act shall be and the same are hereby repealed; provided that such repeal shall not prejudice or affect any rates made, or any act, matter, or thing whatsoever done or commenced, or any rights or liabilities acquired, created, or arising under or reserved or saved by the said Acts or any of them. CXLIII. That from and after the issuing of the first commission under this Act the powers of the Commissioners under the said recited Act, 5 Geo. 4. c. 100, and the Acts extending the powers of the Commissioners for executing such last-mentioned Act, so far only as respects the making, maintaining, and keeping in repair, and management, survey, controul, and direction of sewers, drains, and watercourses, and the communications therewith, and making sewers rates for such purposes, and the exemptions in such Acts contained from the powers of other Commissioners of sewers, and from liability to sewers rate, other than the rates under the same Acts, shall cease: Provided always, that the Commissioners under the same Acts shall continue from time to time to make sewers rates for the discharge of any mortgage and other debts and interest which might have been discharged out of the sewers rates to be made by such Commissioners in case this Act had not been passed, until the same shall be discharged; and such last-mentioned rates, while they shall continue payable, shall, with reference to the limitation of the powers of rating under this Act, be deemed part of the district rate assessed on the property rateable thereto. CXLIV. That the said Acts 3 & 4 Will. 4. c. 22. and 4 & 5 Vict. c. 45, shall not apply to any commission which shall be issued under this Act, or to the proceedings and acts by and in relation to such commission. CXLV. That, save as hereinbefore excepted, the provisions and powers of the said Act, 23 Hen. 8. c. 5, and of the several Acts of Parliament continuing, amending, and explaining the same, so far as the same are consistent with the provisions of this Act, shall continue in force and be applied and may be exercised for the purposes of this Act, as if every commission to be issued under this Act had been issued under the said Act, 23 Hen. 8. c. 5, except that the provisions concerning the oath to be taken by Commissioners, and the qualifications of Commissioners, and the penalties for sitting unsworn or without being qualified, and the powers of impressment of workmen and labourers, the right of pre-emption of timber and necessaries for works and reparations, and the powers of decreeing and ordaining lands, tenements, and hereditaments from the owners thereof, for lack of payment of lots or charges thereon, shall not be applicable to or exercised by the Commissioners under this Act; and all savings and provisions in turnpike, railway, waterworks, improvement, and other Acts, saving and providing for the rights, powers, and authorities of the Commissioners of Sewers for any of the parts which shall be within the limits of the commission to be issued under this Act, shall, so far as the same shall not be inconsistent with the provisions of this Act, continue and be in force in favour of and with reference to the Metropolitan Commissioners of Sewers. CXLVI. That it shall be lawful for the Commissioners of Sewers of the city of London to exercise and put in force within the said city and the liberties thereof the like powers and authorities for enforcing house drainage, and for providing that drains, water-closets, privies, cesspools, and ash-pits are constructed and kept so as not to be a nuisance or injurious to health, and for defraying expenses incurred by such Commissioners in relation to the matters aforesaid, by improvement rates or charges for default, as are hereby given to the Metropolitan Commissioners of Sewers within the limits of their commission. CXLVII. That in the construction of this Act the following words and expressions shall have the meanings hereby assigned to them, unless such meanings be repugnant to or inconsistent with the context; (that is to say,) words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number; words importing the masculine gender shall include females; the word "person," and words applying to any person or individual, shall apply to and include corporations, whether aggregate or sole; the word "lands" and the word "premises" shall include messuages, buildings, lands, and hereditaments of any tenure; the word "owner" shall mean the person for the time being receiving the rack rent of the lands or premises in connexion with which the said 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 rack rent; the word "month" shall mean calendar month; the word "commission" shall mean any commission issued under this Act, and in force for the time being; the word "Commissioners" shall mean the Metropolitan Commissioners of Sewers; the word "Commissioner" shall mean any one of such Commissioners; the word "Justice" shall mean any Justice of the Peace acting for the place in which the matter, or any part of the matter, as the case may be, requiring the cognizance of the "Justices" arises; the expression "Two Justices" shall mean two or more Justices assembled and acting together in petty sessions, and in the city of London the Lord Mayor or any alderman, and all powers given to two Justices may be exercised by one stipendiary or police magistrate acting in any police court; the word "arbitrators" shall include a single arbitrator; and the words "arbitrators" and "arbitrator" shall include an umpire; the word "oath" shall mean and include an affirmation in the case of Quakers, and a declaration in the case of persons allowed by law to make a declaration in lieu of an oath; the word "street" shall apply to and include any highway (not being a turnpike road), and any road, bridge (not being a county bridge), lane, footway, square, court, alley, passage, whether a thoroughfare or not, and the parts of any such highway, road, bridge, lane, footway, square, court, alley, or passage within the limits of the commission; the word "drain" shall mean and include 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 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; the word "sewer" shall mean and include sewers and drains of every description, except drains to which the word "drain" interpreted as aforesaid applies; the word "parish" shall mean and include any liberty, township, precinct, or place maintaining its own poor or any part of a parish for which a separate poor-rate may be made; the word "union" shall mean and include any number of parishes and parts of parishes or places united under the provisions of any general or local Act of Parliament for the relief of the poor; and the word "guardians" shall mean the board of guardians, visitors, directors, or other persons appointed for managing the poor of such union; the expression "managers of the poor" shall mean and include any directors, trustees, guardians, vestrymen, or other officers appointed to act in the ordering or relief of the poor from the poor-rate in a parish under any local Act of Parliament; and the expressions" the clerk," "the treasurer," "the surveyor," "the collector," shall mean the persons respectively appointed or authorized by the Commissioners to execute the offices of clerk, treasurer, surveyor, and collector. CXLVIII. That this Act shall continue in force for two years next after the passing thereof, and thence to the end of the then next session of Parliament. CXLIX. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. SCHEDULES to which the foregoing Act refers. Metropolitan Commission of Sewers. AN Assessment to the District Sewers Rate for the [name the District] made at a Court of Sewers holden this Day of virtue of an Act passed in the insert the Title of this Act]. 18 after the Rate of in the Pound, by Year of the Reign of Queen Victoria, intituled [here Mortgage, Number() By virtue of an Act passed in the SCHEDULE (B.) Form of Mortgage of Rates. Year of the Reign of Queen Victoria, intituled [here insert the Title paid to the Treasurer of this Act], the Metropolitan Commissioners of Sewers, in consideration of the Sum of of the said Commissioners by A. B. of for the Purposes of the said Act, do grant and assign unto the said 4. B., his Executors, Administrators, and Assigns, all the Monies arising and to arise from the several Rates [or the District Sewers Rate for the [here name the District or Districts], as the Case may be, or such other Rate or Rates as shall be agreed to be mortgaged, sufficiently describing the same], by the said Act authorized to be made, 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 and that in the meantime the Interest thereof shall be paid on the Day of in every Year. Day of Day of and the Day of In witness whereof the said Commissioners have hereunto set their Seal, this thousand eight hundred and One I A. B. of SCHEDULE (C.) in consideration of the Sum of Pounds paid to me by C. D. of Day of for securing the Sum of do hereby transfer to the said C. D., his Executors, Administrators, and Assigns, a certain Mortgage, Number bearing Date the to and made by the Metropolitan Commissioners of Sewers and Interest [or if such Transfer be by Indorsement on the Mortgage insert, instead of the Words 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 One thousand eight hundred and Å. B. (L.S.) Day of SCHEDULE (D.) County of to wit. } Form of Order to permit Execution of Works by Owners. WHEREAS Complaint hath been made to me, E. F. Esquire, One of Her Majesty's Justices of the Peace in and for [the County or Jurisdiction] of by A. B., Owner, within the Meaning of an Act passed in the Year of the Reign of Queen Victoria, intituled [here insert the Title of this Act], of certain Premises, to wit, a House [as the Case may be] situate in Street [as the Case may be], in the Parish of in the said [County, &c.,] that C. D., the Occupier of the said Premises, doth prevent the said A. B. from carrying into effect the Provisions of the said Act in this, to wit, that he the said C. D. doth prevent the said A. B. from [here describe the Works generally according to Circumstances]: And whereas the said C. D. having been duly summoned to answer the said Complaint, and not having shewn sufficient Cause against the same, and it appearing to me that the said Works are necessary for the Purpose of enabling the said A. B. to carry into effect the Provisions of the said Act, I do hereby order that the said C. D. do permit the said A. B. to execute the same in the Manner required by the said Act. Given under my Hand and Seal, this eight hundred and to all Constables and Peace Officers. One of the Collectors of the Metropolitan Commissioners of Sewers, and THESE are to require you or any of you forthwith to levy the Sum of Given under the Seal of the Metropolitan Commissioners of Sewers, this thousand eight hundred and 18 Geo. 3. c. 66.—An Act for making proper Drains and Sewers for the Purpose of carrying off the Water from the Prebendal Estate of Halliwell and Finsbury in the Suburbs of the City of London; and for other Purposes therein mentioned. 54 Geo. 3. c. 219.—An Act to amend an Act made in the Eighteenth Year of His present Majesty, for making Drains and Sewers for carrying off the Water from the Prebendal Estate of Halliwell and Finsbury in the Suburbs of the City of London, and for other Purposes therein mentioned; and to extend some of the Provisions thereof to Part of the Holborn Division in the County of Middlesex. Westminster and Part of Middlesex. 47 Geo. 3. s. 1. c. 7.-An Act to enlarge the Powers and extend the Jurisdiction of the Commissioners of Sewers for the City and Liberty of Westminster and Part of the County of Middlesex. 52 Geo. 3. c. 48.-An Act for empowering the Commissioners of Sewers for the City and Liberty of Westminster and Part of the County of Middlesex to purchase a Messuage and Premises for holding their Meetings, and for enlarging the Powers of the said Commissioners. 7 & 8 Geo. 4. c. 23.-An Act to empower the Commissioners of Sewers for the City and Liberty of Westminster and Part of the County of Middlesex to purchase certain Premises situate at the Corner of Sun Court in Curzon Street in the Parish of Saint George Hanover Square in the said City and Liberty, and for other Purposes relating thereto. 10 & 11 Vict. c. 70.-An Act to explain and amend the Laws of Sewers relating to the City and Liberty of Westminster and Part of the County of Middlesex. Surrey, East Mouldsey to Ravensborne. 49 Geo. 3. c. 183.-An Act for making new Sewers and Drains, and amending the present Sewers and Drains, within certain Districts under the Jurisdiction of the Commissioners of Sewers for the Limits extending from East Mouldsey in Surrey to Ravensborne in Kent, and for other Purposes relating to the Execution of the Commission of Sewers for the said Limits. 50 Geo. 3. c. 144.-An Act for amending, enlarging, and extending the Powers of an Act passed in the last Session of Parliament relating to the Execution of the Commission of Sewers for the Limits from East Mouldsey in Surrey to Ravensborne in Kent. 53 Geo. 3. c. 79.-An Act for amending, enlarging, and extending the Powers of Two several Acts passed in the Forty-ninth and Fiftieth Years of His present Majesty, relating to the Execution of the Commission of Sewers for the Limits extending from East Mouldsey in Surrey to Ravensborne in Kent. 10 & 11 Vict. c. 217.-An Act to facilitate the effectual Drainage of certain Districts within the Commission of Sewers for the Limits extending from East Mouldsey in Surrey to Ravensborne in Kent. CAP. CXIII.-IRELAND. AN ACT for the further Amendment of the Acts relating to the Dublin Police. (4th September 1848.) ABSTRACT OF THE ENACTMENTS. 1. Appointment of clerks and officers in Dublin police offices vested in the chief or under secretary of Lord Lieutenant. 2. Immediate lessor rated under 2 & 3 Vict. c. 78, may be described as the "immediate lessor" in certain cases. 3. Powers for the recovery of police tax.-Divisional Justices of police district in Dublin to have same powers within Dublin metropolis as Justices have in any county in Ireland. 4. Power to divisional Justices to reduce the fines upon licences in respect of carriages under Irish Act, 37 Geo. 3. and to increase the same again. 5. Power to Commissioners of Police to alter hackney coach stands. 6. Power to Commissioners of Police to license any stage carriage or omnibus to ply in Dublin or the district adjoining. 7. Power to Commissioners to grant licences to drivers of hackney carriages, &c.-At the time of granting licence an abstract of the laws and a ticket to be given to driver, &c. 8. A fee of 2s. 6d. to be paid for licences granted under this Act, and 1s. for every renewal. 9. Penalty on persons acting as drivers, &c. without having licence and ticket;—and on proprietors suffering persons to act as drivers or conductors not being licensed.-Proviso. 10. Persons applying for licences to sign a requisition, accompanied with a certificate, for the same.-Penalty on persons making false representation. 11. When drivers or conductors change their residence, they shall give notice to Commissioners. 12. Particulars of licences to be entered in a book at the office of Commissioners, which shall be evidence. 13. Licensed drivers, &c. to wear their tickets conspicuously. 14. Upon expiration of licence it shall be delivered up to Commissioners.—Penalty for neglect. 15. When tickets are defaced or lost, new ones to be delivered, on payment of 2s. for the same. If tickets shall be found, to be delivered up to Commissioners.-Penalty for neglect. 16. Forgery of licence or ticket, or knowingly uttering a forged licence or ticket, deemed a misdemeanour. 17. Proprietor to retain the licence of drivers or conductors employed by him, and produce them in case of complaint. 18. Magistrates to hear and determine disputes. VOL. XXVI.-STAT, 2 P |