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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
were issued accordingly, and a majority of the shopkeepers
voted in favour of the exemption. On July 3rd the local
authority rescinded their resolution of June 5th on the ground
that the area in question was unreasonably small.

An application was therefore made by one of the shopkeepers
in the area for a mandamus requiring the local authority to make
the exemption order under section 4 (4), on the ground that as
the area had been accepted by the council as sufficiently
large, and a vote had been taken of the occupiers of shops of
all classes within it, which disclosed a majority in favour of the
exemption, the council could not thereafter hold the area to be
unreasonably small.

Held, that after the resolution of June 5th was rescinded there
was either no duty on the council to act upon it, or if there were
it was a duty within the discretion of the council and not one
which, in the circumstances, the Court would enforce by

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
Legal Proceedings (2)

...

29 Car. II. c. 3 (Statute of Frauds, 1677), s. 4-See
Contracts (2)

...

...

17 Geo. II. c. 38 (Poor Relief Act, 1743), s. 7-
See Rates (6)

...

...

...

218

829

703

54 Geo. III. c. 159 (Harbours Act, 1814), ss. 14, 18-See
Legal Procedings (2)

218

...

55_Geo. III. c. 137 (Poor Relief Act, 1815), s. 5—See
Poor Law (9)

123

1 & 2 Geo. IV. c. xcvii (Wilts and Berks Canal Naviga-
tion Act, 1821), ss. 72, 73-See Bridges (1)

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1,033

...

6 Geo. IV. c. xxvii (Lord Radnor's Estate Act, 1825),
s. 5-See Streets (3)

5 & 6 Will. IV. c. 50 (Highway Act, 1835), s. 23-See
Highways (2), (8)...

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4 & 5 Vict. c. 38 (School Sites Act, 1841), s. 2— -See
Education (1)

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STATUTES-Continued.

5 & 6 Vict. c. 35 (Income Tax Act, 1842), s. 60, Scheds.
A, D-See Revenue (2) ...

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s. 102-See Revenue (1)

...

319, 1,002

6 Vict. c. 18 (Parliamentary Voters Registration Act,
1843)-See Registration...

8 Vict. c. 18 (Lands Clauses Consolidation Act, 1845),
s. 92-See Land (1)

c. 20 (Railways Clauses Consolidation Act, 1845),
ss. 77, 78-See Land (2)...

9 & 10 Vict. c. 66 (Poor Removal Act, 1846), ss. 1, 3—
See Poor Law (1), (5), (7), (8)

...

...

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,
1847), ss. 6, 7, 10-See Streets (1)

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)

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11 & 12 Vict. c. 111 (Poor Removal Act, 1848), s. 1-See
Poor Law (5)

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14 & 15 Vict. c. 95 (Crown Estate Paving Act, 1851)—See
Sewers (3) ...

...

15 & 16 Vict. c. 81 (County Rate Act, 1852), SS. 17, 22—
See Rates (2)

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17 & 18 Vict. c. clix (Bolton Improvement Act. 1854),
Ss. 115, 116-See Nuisances (1).....

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18 & 19 Vict. c. 120 (Metropolis Management Act, 1855),
S. 202-See Byelaws (2) ...
20 & 21 Vict. c. 43 (Summary Jurisdiction Act, 1857),
S. 2- -See Poor Law (9)

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24 & 25 Vict. c. 55 (Poor Removal Act, 1861), s. 3-See
Poor Law (6)

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c. 97 (Malicious Damage Act, 1861), s. 22

-See Legal Proceedings (6)

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25 & 26 Vict. c. xxx. (Bristol Waterworks Act, 1862),
ss. 68, 73-See Water (4)

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27 & 28 Vict. c. 101 (Highway Act, 1864), ss. 47, 48–
See Contracts (2).....

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STATUTES-Continued.

29 Vict. c. 31 (Superannuation Metropolis Act, 1866),
SS. 1, 4-See Officers (1)...

...

...

...

...

...

29 & 30 Vict. c. 36 (Revenue Act, 1866), s. 8-See
Revenue (2)
30 & 31 Vict. c. 84 (Vaccination Act, 1867), ss. 3, 5, 6—
See Poor Law (4)......

...

1,025

...

319, 1,002

443

c. cxxviii (Plymouth Corporation Water
and Market Act, 1867), ss. 14, 15, 22-See Water (3)
32 & 33 Vict. c. 14 (Revenue Act, 1869), s. 18-See
Licenses (1)

312

225

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-

s. 52, sched. III. See Rates (13) 1,058
33 & 34 Vict. c. 75 (Elementary Education Act, 1870),
ss. 3, 7, 18, 19-See Education (2)

449

s. 74-See Education (4), (5) 728, 753
c. 78-(Tramways Act, 1870) ss. 34, 35,

54-See Tramways

36 & 37 Vict. c. 66 (Judicature Act, 1873), s. 47-See
Legal Proceedings (1)

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37 & 38 Vict. c. 54 (Rating Act, 1874), s. 4-See Rates (7)
38 & 39 Vict. c. 55 (Public Health Act, 1875), ss. 13, 15,
17, 19, 299-See Sewers (2)

...

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SS. 23, 36-See Sewers (1)
SS. 51, 229, 230-See Revenue (2), 319

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STATUTES-Continued.

s. 14-See Food (1), (3)

134, 645

39 & 40 Vict. c. 61 (Divided Parishes and Poor Law
Amendment Act, 1876), s. 34-See Poor Law (1), (7) 1,019,

1,041

s. 34, 35-See Poor Law (6), (8) 409, 513

41 & 42 Vict. c. 77 (Highways and Locomotives Amend-
ment Act, 1878), s. 4-See Contracts (2)

s. 23 See Highways (4), (5), (6)

829

109, 759, 930

42 & 43 Vict. c. 49 (Summary Jurisdiction Act, 1879), s. 31
-See Rates (6)

...

...

44 & 45 Vict. c. ccv (Severn Navigation Act, 1881), s. 22
-See Bridges (2)

45 & 46 Vict. c. 50 (Municipal Corporations Act, 1882),
ss. 139, 140, Sched. 5-See Revenue (1)

c. 56 (Electric Lighting Act, 1882), ss. 10,
10, 12, 18, 24, 25, 32-See Electric Lighting
48 & 49 Vict. c. 34 (Water Rate Definition Act, 1885),
s. I-See Water (2)

...

703

II

81

301

891, 983

50 & 51 Vict. c. 29 (Margarine Act, 1887), s. 6-See
Food (4)

...

See Coroners

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51 & 52 Vict., c. 41 (Local Government Act, 1888), ss. 40,
42-See Rates (2)

127

...

134

384

535

52 & 53 Vict. c. 27 (Advertising Stations Rating Act,
1889), ss. 3, 4-See Rates (9)

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53 & 54 Vict. c. 5 (Lunacy Act, 1890), ss. 20, 24, 299—
See Poor Law (2) ...

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s. 286-289-See Poor Law (3)

c. 45 (Police Act, 1890), s. 23-See

Coroners
53 & 54 Vict. c. cxxi (Wallasey Local Board Act, 1890),
s. 32-See Byelaws (1)
54 & 55 Vict. c. 76 (Public Health London Act, 1891),
ss. 4, 24-See Nuisances (2)

s. 47 (2)—See Food (2)

55 & 56 Vict. c. 57 (Private Street. Works Act, 1892),
s. 6-See Streets (5), (6)...

274

384

523

488

620

609, 722

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