SEWERS-Continued. (3) Metropolis-Repair of sewer in street under jurisdiction of Crown Paving Commissioners-Crown Estate Paving Act, 1851 (14 & 15 Vict., c. 95)-Public Authorities Protection Act, 1893 (56 & 57 Vict., c. 61), s. 1. The Commissioners for executing the Crown Estate Paving Act, 1851, were, as successors of Commissioners under an Act of 1824, authorised and empowered to repair and maintain the streets within a certain area, including a street one half of the breadth of which is now in the Metropolitan Borough of St. M. and the other half in the Metropolitan Borough of St. P. Their predecessors had been, under the Act of 1824, Commissioners of Sewers for the same area; a sewer under the half of the street in St. M. had been repairable by them, but under an Act of 1848 became vested in and repairable by the Metropolitan Commissioners of Sewers, and ultimately vested in and was repairable by the Borough Council of St. M. In December, 1909, the sewer having perished for want of repair fell in and the road above it subsided. In March, 1910, the Commissioners called upon the Council to repair the sewer, and on their default repaired it and made good the road, completing the work in the month of May following. In July of the same year they paid the expenses incurred by them in executing the work, and demanded repayment from the Council; and in the following September they commenced an action against the Council to recover the amount of the expenses. Held, that the Commissioners were, in the discharge of their statutory duty, obliged to repair the sewer and that they were therefore entitled to recover the amount so expended from the Council as money paid at the Council's request. Held also, that the Public Authorities Protection Act, 1893, afforded no bar to the action, the duty of the Commissioners to repair the road being a continuing duty, and the default of the Council to repair the sewer and so render the performance of that duty by the Commissioners possible, being a continuing wrong. Hart v. St. Marylebone Borough Council (K.B.D.) See also Compensation. SHOPS. 502 Closing on weekly half-holiday-Exemption of area-Rescission of resolution of Local Authority – Unreasonably small areaMandamus-Shops Act, 1912 (2 Geo. V., c. 3), ss. 4, 18. In April, 1912, the occupiers of shops within a certain area petitioned the local authority under section 4 (4) of the Shops Act, 1912, to exempt that area from the operation of the Act; and at a mecting on June 5th the council by resolution accepted SHOPS-Continued. the area for the purposes of that enactment. Voting papers An application was therefore made by one of the shopkeepers Held, that after the resolution of June 5th was rescinded there mandamus. Rex v. Manchester City Council; ex parte Batty (K.B.D.) 1081 SMALL HOLDINGS, &c. See Land (2), (3). STATUTES. 18 Eliz. c. 5 (Common Informers Act, 1575), ss. 1, 6-See ... 29 Car. II. c. 3 (Statute of Frauds, 1677), s. 4-See ... ... 17 Geo. II. c. 38 (Poor Relief Act, 1743), s. 7- ... ... ... 218 829 703 54 Geo. III. c. 159 (Harbours Act, 1814), ss. 14, 18-See 218 ... 55_Geo. III. c. 137 (Poor Relief Act, 1815), s. 5—See 123 1 & 2 Geo. IV. c. xcvii (Wilts and Berks Canal Naviga- 1,033 ... 6 Geo. IV. c. xxvii (Lord Radnor's Estate Act, 1825), 5 & 6 Will. IV. c. 50 (Highway Act, 1835), s. 23-See 4 & 5 Vict. c. 38 (School Sites Act, 1841), s. 2— -See STATUTES-Continued. 5 & 6 Vict. c. 35 (Income Tax Act, 1842), s. 60, Scheds. s. 102-See Revenue (1) ... 319, 1,002 6 Vict. c. 18 (Parliamentary Voters Registration Act, 8 Vict. c. 18 (Lands Clauses Consolidation Act, 1845), c. 20 (Railways Clauses Consolidation Act, 1845), 9 & 10 Vict. c. 66 (Poor Removal Act, 1846), ss. 1, 3— ... ... 81 842 358 50 40, 409, 1019, 1041 c. ccxci (Severn Navigation Act, 1846), s. 9-See Bridges (2) 10 & 11 Vict. c. 15 (Gasworks Clauses Consolidation Act, c. 17 (Waterworks Clauses Consolidation Act, 1847), ss. 1, 35, 53-See Water (3), (4) ss. 6, 28, 85-See Water (5) s. 70-See Water (2) 11 & 12 Vict. c. 111 (Poor Removal Act, 1848), s. 1-See 14 & 15 Vict. c. 95 (Crown Estate Paving Act, 1851)—See ... 15 & 16 Vict. c. 81 (County Rate Act, 1852), SS. 17, 22— 17 & 18 Vict. c. clix (Bolton Improvement Act. 1854), 18 & 19 Vict. c. 120 (Metropolis Management Act, 1855), 24 & 25 Vict. c. 55 (Poor Removal Act, 1861), s. 3-See c. 97 (Malicious Damage Act, 1861), s. 22 -See Legal Proceedings (6) 25 & 26 Vict. c. xxx. (Bristol Waterworks Act, 1862), 27 & 28 Vict. c. 101 (Highway Act, 1864), ss. 47, 48– STATUTES-Continued. 29 Vict. c. 31 (Superannuation Metropolis Act, 1866), ... ... ... ... ... 29 & 30 Vict. c. 36 (Revenue Act, 1866), s. 8-See ... 1,025 ... 319, 1,002 443 c. cxxviii (Plymouth Corporation Water 312 225 - s. 52, sched. III. See Rates (13) 1,058 449 s. 74-See Education (4), (5) 728, 753 54-See Tramways 36 & 37 Vict. c. 66 (Judicature Act, 1873), s. 47-See 37 & 38 Vict. c. 54 (Rating Act, 1874), s. 4-See Rates (7) ... SS. 23, 36-See Sewers (1) STATUTES-Continued. s. 14-See Food (1), (3) 134, 645 39 & 40 Vict. c. 61 (Divided Parishes and Poor Law 1,041 s. 34, 35-See Poor Law (6), (8) 409, 513 41 & 42 Vict. c. 77 (Highways and Locomotives Amend- s. 23 See Highways (4), (5), (6) 829 109, 759, 930 42 & 43 Vict. c. 49 (Summary Jurisdiction Act, 1879), s. 31 ... ... 44 & 45 Vict. c. ccv (Severn Navigation Act, 1881), s. 22 45 & 46 Vict. c. 50 (Municipal Corporations Act, 1882), c. 56 (Electric Lighting Act, 1882), ss. 10, ... 703 II 81 301 891, 983 50 & 51 Vict. c. 29 (Margarine Act, 1887), s. 6-See ... See Coroners 51 & 52 Vict., c. 41 (Local Government Act, 1888), ss. 40, 127 ... 134 384 535 52 & 53 Vict. c. 27 (Advertising Stations Rating Act, 53 & 54 Vict. c. 5 (Lunacy Act, 1890), ss. 20, 24, 299— s. 286-289-See Poor Law (3) c. 45 (Police Act, 1890), s. 23-See Coroners s. 47 (2)—See Food (2) 55 & 56 Vict. c. 57 (Private Street. Works Act, 1892), 274 384 523 488 620 609, 722 |