breach of byelaws. roads (a), and the plans and level of sites for building (b), and for regulating the dimensions, form, and mode of construction, and the keeping, cleansing, and repairing, of the pipes, drains, and other means of communicating with sewers, and the traps and apparatus connected therewith (a); for the emptying, cleansing, closing, and filling up of cesspools and privies; and for other works of cleansing, and of removing and disposing of refuse, and for regulating the form of appeal and mode of proceeding thereon; and generally for carrying into effect the Penalty for purposes of this Act; and every such board and vestry may thereby impose such reasonable penalties (c) as they think fit, not exceeding 40s., for each breach of such byelaws, and in case of a continuing offence a further penalty not exceeding 20s. for each day after notice of the offence from the board of vestry: Provided always, that under every such byelaw it shall be lawful for the justices before whom any penalty imposed thereby is sought to be recovered to order the whole or part only of such penalty to be paid, or to remit the whole penalty: Provided also, that no byelaws shall be repugnant to the laws of England or to the provisions of this Act; and that no byelaw shall be of any force or effect unless and until the same be submitted to and confirmed at a subsequent meeting of the board or vestry: Provided also that no penalty shall be imposed by any such byelaw unless the same be approved by one of Her Majesty's principal secretaries of state (d). Power of justices to remit penalties. (a) See 25 & 26 Vict. c. 102, s. 98, post, as to the width of existing roads hereafter formed or laid out for building as streets. This Act, the 18 & 19 Vict. c. 120, contains no enactment with respect to the width, &c., of streets, which is regulated by a byelaw of the metropolitan board. The repealed Building Act, the 7 & 8 Vict. c. 84, contained such a provision. See schedule I to that Act, containing rules concerning streets and alleys. (b) See the 25 & 26 Vict. c. 102, s. 85, post, restricting the height of buildings in certain situations. (c) See s. 227, as to the recovery of these penalties. (d) This approval does not render a byelaw ultra vires valid; R. v. Wooding, 5 E. & B. 49. CCIII. All byelaws made and confirmed as aforesaid Publication of byelaws. in pursuance of this Act shall be printed, and hung up in the principal office of the board or vestry, and be open to public inspection without payment, and copies thereof shall be delivered to any person applying for the same, on payment of such sum, not exceeding 2d., as the board or vestry shall direct; and such byelaws, when so published, shall be binding upon and be observed by all parties, and shall be sufficient to justify all parties acting under the same; and the production of a printed copy of Evidence of such byelaws, authenticated by the seal of the board or byelaws. vestry, shall be evidence of the existence, and of the due making, confirmation, and publication (e) of such byelaws, in all prosecutions under the same, without adducing proof of such seal or of the fact of such confirmation or publication of such byelaws. Provisions for Protection of Property and Works of Metropolitan and District Boards and Vestries, and preventing Obstruction in Execution of Works. Buildings not CCIV. No building shall be erected in, over, or under any sewer (f) vested in the metropolitan board of works, to be made (e) This is not in terms made evidence of the approval of the secretary of state, but the word "confirmation was possibly meant to include every requirement down to publication. The intention of the enactment would be entirely frustrated if it became necessary in every instance to produce the original byelaws and prove the secretary of state's signature. (f) The marsh-wall or embankment keeping back the river Thames at high water from inundating the Isle of Dogs, and through which sewers pass to drain the isle at low water, was held to be "a sewer" within the meaning of this section; Poplar District Board of Works v. Knight and another, 28 L. J. (N. S.) M. C. 37, per Lord Campbell, C.J., and Erle, J., Crompton, J., doubting. A question was also raised in that case as to whether the marsh-wall was vested in the district board under sect. 68, or in the metropolitan board under sect. 135, but there seems no reason to doubt that it is vested in the former, nor is it probable that it could be successfully contended that the embankment over sewers without con- or in any vestry or district board, without their consent sent. Penalty on persons sweeping dirt into sewers (g). Penalty for wilfully damaging, &c., lamps or other proper first obtained in writing, and if any building be erected contrary to this provision the board or vestry in whom such sewer is vested may demolish the same, and the expenses incurred thereby shall be paid by the person erecting such building. CCV. No scavenger or other person shall sweep, rake, or place any soil, rubbish, or filth, or any other thing, into or in any sewer or drain, or over any grate communicating with any sewer or drain, or into any dock or inlet communicating with the mouth of any sewer or drain, or into which any sewer or drain may discharge its contents, or into the river Thames contiguous thereto; and every scavenger or other person who shall so offend shall for every such offence forfeit and pay any sum not exceeding 51. CCVI. If any person wilfully take away, break, throw down, or damage any lamp set up for lighting any of the streets in any parish mentioned in either of the schedules ty of vestries (A.) and (B.) to this Act, or wilfully extinguish the boards, or of light within the same, or damage the iron or other furniture thereof, or wilfully damage any other property vested in any vestry or district board, or any property vested in the said metropolitan board, it shall be lawful or district the metropolitan board (h). formed part of the Great Sluice and Drunken Dock Sluice mentioned in schedule (D.), enumerating the sewers vested in the metropolitan board. See sects. 68 and 69 of 25 & 26 Vict. c. 102, post, giving extended powers to the metropolitan board and vestries and district boards in cases of unauthorized interference with sewers, banks, defences, &c. (g) The 2 & 3 Vict. c. 47 (Metropolitan Police), s. GO, imposes a penalty of 40s. on every person who throws or lays any dirt, litter, or ashes, or any carrion, fish, offal, or rubbish, or throws or causes any such thing to fall into any sewer, pipe, or drain; and see 57 Geo. 3, c. 29, s. 62, post, Appendix. (h) See s. 90 of 25 & 26 Vict. c. 102, post, as to penalties for defacing posts, buildings, &c., of vestries and district boards, defacing or injuring notice boards, &c.; and sects. for any person who sees such offence committed to seize, as also for any other person to assist in seizing, the offender, and by authority of this Act, and without any other warrant, to convey him, or to deliver him into the custody of a police officer in order to be secured and conveyed, before some justice; and if the party accused be convicted of such offence he shall forfeit the sum of 40s., and shall also pay to such vestry or board the amount of damage done. carelessly or CCVII. In case any person carelessly or accidentally Persons break, throw down, or damage any such lamp, or the accidentally iron or other furniture thereof, or other such property lamps, &c. as aforesaid, he shall pay the amount of damage done. damaging to make satisfaction. of duties. CCVIII. If any person at any time obstruct, hinder, Penalty on interrupting or molest any surveyor, inspector, collector, or other workmen,&c. officer, workman, or person whomsoever, employed by in execution virtue of this Act, in the performance or execution of his duty, every such person so offending shall for the first offence forfeit and pay the sum of 5s., for the second offence the sum of 20s., and for any subsequent offence the sum of 5l. (i). occupiers execution of owner's name. CCIX. If the occupier of any premises prevent the Penalty upon owner thereof from carrying into effect, with respect to obstructing such premises, any of the provisions of this Act, or any works, or not order of any vestry or district board made in pursuance disclosing thereof, 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 vestry or district board to state the name and description of the owner of the premises occupied by him, refuse or wilfully omit to disclose 68 and 69 of 25 & 26 Vict. c. 102, as to penalties in case of wrongful interference with sewers; and see sect. 70 as to penalties for wilfully fouling water in, or wilfully damaging drinking fountains. (i) As to recovery of penalty, see sect. 227, post. Savings and local Acts commission metropolitan and district boards and vestries. 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 show 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. CCX. All savings and provisions in turnpike, railway, provisions in waterworks, improvement, and other Acts, saving and applicable to providing for the rights, powers, and authorities of the ers of sewers commissioners of sewers for any of the parts which shall to apply to be within the metropolis as defined by this Act, shall, so far as the same are not inconsistent with the provisions of this Act, continue and be in force in favour of and with reference to the metropolitan board of works and the several district boards of works and vestries having the management of sewers under this Act, and in favour of the commissioners of sewers of the city of London, so far as such savings and provisions respectively are now applicable to them, or to any officer or person so continued by the said board. Power to appeal against orders and acts of ves Appeals. CCXI. Any person who deems himself aggrieved by any order of any vestry or district board in relation to the level of any building, or any order or act of any tries and dis- vestry or district board in relation to the construcin relation to tion, repair, alteration, stopping or filling up, or demolition of any building, sewer, drain, watercloset, privy, ashpit, or cesspool (a), may, within seven days after trict boards construction of works. (a) The orders of the vestries against which the appeal is given are those made under the 76th and following sections, and under the 143rd sect., now repealed by the 25 & 26 Vict. c. 102, s. 75, containing provisions with respect to buildings |