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main sewers, main sewers, and to be under their management, it shall

and take

under their

jurisdiction sewerage matters

be lawful for such board, by an order under their seal, to declare the same to be main sewers, and thereupon the same shall vest in and be under the management of the said board; and it shall also be lawful for the said vestries and board by any such order to take under their jurisdiction

under jurisdiction of

district

boards.

Metropolitan

board to

for control

boards in

of sewers, &c. (d)

and authority any other matters in relation to sewerage and to drainage with respect to which jurisdiction or authority is by this Act vested in any vestry or district board.

CXXXVIII. The metropolitan board of works shall make orders from time to time, in order to secure the efficient mainling vestries tenance of the main and general sewerage of the metroand district polis, make such general or special order as to them construction may seem proper for the guidance, direction, and control of the vestries of parishes and district boards in the levels, construction, alteration, and maintenance and cleansing of sewers in their respective parishes or districts, and for securing the proper connexion and intercommunication of the sewers of the several parishes and districts and their communications with the main sewers vested in the said metropolitan board, and generally for the guidance, direction, and control of vestries and district boards in the exercise of their powers and duties in relation to sewerage; and all such orders shall be binding upon such vestries and boards.

Metropolitan board may direct appointments

CXXXIX. The metropolitan board of works, where it appears to them expedient that any officer or set of officers necessary for any of the purposes of this Act

(d) The 83rd section of the 25 & 26 Vict. c. 102, post, empowers the inetropolitan board to make byelaws in relation to the matters enumerated in this section; and see sect. 45, et seq. of same Act, as to submitting plans to metropolitan board and other regulations in case of the construction of new sewers, branching of drains into sewers, abandonment, &c. of designs for sewers; and sect. 32 of 25 & 26 Vict. c. 102, post, as to compensation where sewers of different parishes are connected.

for two

districts jointly.

should act for a larger area than is comprised in one to be made parish or district, or for parts of different parishes or parishes or districts, may, with the consent of the vestries or boards of such parishes or districts, direct that such vestries or boards shall unite in the appointment and removal of such officer or set of officers; and the said metropolitan board shall in such case direct the mode in which the respective bodies or committees thereof shall act together for the purposes of every such appointment and removal, and the proportions in which the salary or salaries of such officer or officers shall be borne and paid by every such parish and district respectively.

a street in

parishes

under the

of one ves

of a parish under the

of vestry of

CXL. It shall be lawful for the metropolitan board of Or may place works, where it appears to them that any street or line different of street, being in more than one parish or district, should be placed under the exclusive management of management one vestry or district board for the purposes of paving, try, or part lighting, watering, and cleansing, or any of them, or for the purposes of sewerage and drainage, or for all the management purposes of this Act, to order that the same shall be adjoining under the management of such vestry or board accord- parish (e). ingly; and it shall also be lawful for the said metropolitan board, where it appears to them that any part of any parish or district is so detached or situate that it would be convenient for the purposes of sewerage or drainage that the same should be placed under the management of the vestry or district board of any adjoining parish or district, to order that such part shall, for such purposes, be under the management of such vestry or district board.

(e) See sect. 160, as to orders by vestries for payment of expenses of executing the Act in the parts placed under their management under this provision. The 25 & 26 Vict. c. 102, post, empowers the metropolitan board to place roadways, footways, &c., in different parishes or districts under the management of one vestry or district board, and to direct in what proportions the cost of constructing sewers, paving, lighting, &c., shall be borne.

Metropolitan board to re

gulate naming of street and

[CXLI. (f) It shall be 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 buildnumbering of ing at or near each end, corner, or entrance of every houses. street in the metropolis the name of such street, and the 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; and before any name is given to any new street, notice of the intended name shall be given to the said board, and if there be any street in the metropolis called or about to be called by the same name, the said board may, by notice in writing, stating that there is already a street in the metropolis called or about to be called by the same name, and describing the locality thereof, given to the person by whom notice of such intended name was given to them, at any time within fourteen days after receipt of such last-mentioned notice, object to such intended name; and it shall not be law

(f) This section is repealed by sect. 87 of the Act, 25 & 26 Vict. c. 102, post, which re-enacts its provisions with certain modifications. Under this enactment it was held that the metropolitan board possessed the exclusive power of directing how houses should be numbered within the city of London; and the powers given to the commissioners of sewers for the city by the 11 & 12 Vict. c. 163, were in that respect superseded by those more recently conferred upon the metropolitan board; Daw v. The Metropolitan Board of Works, 31 L. J. (N. S.) C. P. 223.—“ If the powers conferred upon the commissioners of sewers for the city of London by their local Act conflict with the powers conferred upon the metropolitan board of works by the 18 & 19 Vict. c. 120, and the metropolitan board choose to exercise their powers, they have a right to do so, and the powers of the commissioners of sewers for the city of London are so far at least suspended." Per Erle, C. J. ibid, p. 225. By the 74th section of the 25 & 26 Vict. c. 102, post, buildings projecting beyond the general line when taken down to an extent exceeding one-half may be set back. See sect. 85 of 25 & 26 Vict. c. 102, post, regulating the height of buildings in certain situations.

ful to set up any name to any new street in the metropolis until the expiration of fourteen days after notice thereof has been given as aforesaid to the said board, or to set up any name objected to as aforesaid; and the owners or occupiers of houses and buildings in the several streets in the metropolis shall mark such houses or buildings with such numbers or names, for the purpose of distinguishing the same, as the said board may direct or approve, and shall renew the numbers or names of such houses or buildings as often as they are obliterated or defaced; and if any occupier of any such house or building neglect for one week after notice from the said board to mark such house or building with such number or name as the said board may direct or approve, or to renew the number or name thereof as aforesaid, he shall be liable to a penalty of not exceeding 40s., and the said board may cause such number or name to be so marked or renewed, and recover the expense thereof from the owner of such house or building in manner hereinafter provided; and if any person wilfully or maliciously destroy, pull down, obliterate, or deface the name of any street in the metropolis, or the name or number of any house or building in any such street, or paint, affix, or set up any name to any street, or any name or number to any house or building, contrary to this enactment, he shall for every such offence forfeit a sum not exceeding 40s.; and it shall be lawful for the said board to cause such name or number so painted, affixed, or set up contrary to their directions to be obliterated or destroyed.]

alterations

CXLII. The said metropolitan board shall keep a Register to register of all alterations made by them in the names of be kept of streets, and such registers shall be kept in such form as in names of to show the date of every such alteration, and the name of the street previous to such alteration as well as the new name thereof.

streets.

[CXLIII. (9) No building shall, without the con- Buildings

(g) This section is repealed by the 25 & 26 Vict. c. 102, s. 75,

not to be

yond line of

street.

brought be sent in writing of the metropolitan board of works, be erected beyond the regular line of buildings in the street in which the same is situate, in case the distance of such line of buildings from the highway do 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 vestry or district board in whose parish or district such building is situate to cause the same to be demolished or set back (as the case may require), and to recover the expenses incurred by them from the owner of the premises in manner provided by this Act.]

Power to metropolitan board to make improvements (a).

CXLIV. The metropolitan board of works shall have power to make, widen, or improve any streets, roads, or ways, for facilitating the passage and traffic between different parts of the metropolis, or to contribute and

post, which contains a new set of regulations with respect to buildings beyond the general line, and see s. 76 of same Act. Neither this nor the Metropolitan Building Act, 18 & 19 Vict. c. 122, contains any definition of the word "building," but under the latter Act it was held that a shop all wood, without footings or any brickwork for a foundation, thirteen feet high and as many wide, built on wooden joists laid on the ground without being let or fastened into the soil, and being capable of being removed in its entirety, was a building within the meaning of that Act; Stevens v. Gourley, 29 L. J. (N. S.) C. P. 1. It was decided under this provision, and the 3rd section of 19 & 20 Vict. c. 112, that the ecclesiastical commissioners were not empowered to erect a church beyond the regular line of buildings in a street; Ecclesiastical Commissioners v. Vestry of Clerkenwell, 30 L. J. (N. S.) 454, Ch. on appeal. Under this enactment it was decided that it was sufficient if there were a general uniformity in the line of buildings; Tear v. Freebody, 22 J. P. 707. Robins v. Bury, 25 J. P. 83, C. B. The removal of the materials in the former case was held to be a conversion. But see now the 25 & 26 Vict. c. 102, s. 75, post.

(a) By the 19 & 20 Vict. c. 112, s. 10, the power of making application to parliament given to the metropolitan board by

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