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for which

owners are

liable, and to be reim

bursed out of the rent.

Occupier

quired to

pay more than the

amount of rent owing

by him.

district board to require the payment of any costs or expenses which the owner of any premises may be liable to pay under this Act from any person who then or at any time thereafter occupies such premises; and the owner shall allow every such occupier to deduct all sums of money which he so pays, or which are levied by distress, out of the rent from time to time becoming due in respect of the said premises, as if the same had been actually paid to such owner as part of such rent.]

[CCXVIII. (h) Provided always, that no such ocnot to be re- cupier shall be required to pay any further sum than the amount of rent for the time being due from him, or which, after such demand of such costs or expenses from such occupier, and after notice not to pay his landlord any rent without first deducting the amount of such costs or expenses, becomes payable by such occupier, unless he refuse, on application being made to him for that purpose by or on behalf of the vestry or district board, truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie upon such occupier.]

Agreements between landlord

[CCXIX. (i) Provided also, that nothing herein contained shall be taken to affect any contract made or to be made between any owner and occupier of any house, affected (k). building, or other property whereof it is or may be agreed

and tenant not to be

that the occupier shall pay and discharge all rates, dues, and sums of money payable in respect of such house,

(h) Repealed; see note to last section.

(i) Repealed; see note to sect. 217.

(k) Though these charges are by the Act thrown upon the owner, the tenant may by the terms of his lease bind himself to pay them. Thus a sub-lessee who takes on the conditions of the original lease, which binds the tenant to pay "all such parliamentary, parochial, and county, district, and occasional levies, rates, assessments, taxes, charges, impositions, contri

building, or other property, or to affect any contract whatsoever between landlord and tenant.]

of notices,

and district

CCXX. Any summons or notice, or any writ or other As to service process at law or in equity, or any other matter or thing &c., on mewhatsoever, required to be served upon the metropolitan tropolitan board of works or any district board or vestry, may, boards and unless herein otherwise provided, lawfully be served by delivering the same personally to the clerk of such respective board or vestry, or by leaving the same at the principal office of such board or vestry.

vestries.

of notices on owners and

and other

CCXXI. All notices by this Act required to be given As to service to the owner or occupier of any land or premises, or other person, may be served personally on such owner, occupiers occupier, or person, or left with some inmate of his place persons. of abode, and any notice required to be given to any such owner or occupier may, if there be no occupier, be affixed to some conspicuous part of the land or premises, and it shall not be necessary in any notice to any owner or occupier of any land or premises to name such owner or occupier: Provided always, that where there is no occupier, and the owner of any such land or premises, and his place of abode or that of his agent is known to the vestry or board by or on behalf of whom such notice is given, or any of their officers, such notice shall be served on such owner personally, or left with some inmate of his place of abode, or transmitted to such owner through

butions, burdens, duties, and services whatsoever as should be taxed, &c.," during the term, cannot deduct from his rent the expenses for making a drain to the premises which have been recovered from him by the district board, as the covenant in the lease throws the burden upon him. See Sweet v. Scager, 21 J. P. (C. P.) 406; 2 C. B. (N. S.) 119. And where a local Act empowered the tenant to deduct the costs paid by him to the commissioners for paving and flagging footways, but the tenant, in a lease made subsequently to the Act, covenanted to pay all taxes, rates, duties, levies, assessments, and payments whatever: held that these charges were within the covenant; Payne v. Burridge, 12 M. & W. 727.

Authentica

tion of documents.

Proof of

debts in

the post office, addressed to him at his place of abode or last known place of abode in the United Kingdom, or served on his agent as aforesaid.

CCXXII. Every notice, demand, or like document given by or on behalf of the metropolitan board of works, or any vestry or district board, under this Act, may be in writing or print, or partly in writing and partly in print, and shall be sufficiently authenticated if signed by their clerk or by the officer by whom the same is given.

CCXXIII. If any person against whom the metrobankruptcy. politan board of works, or any district board or vestry, have any claim or demand, become bankrupt, or take the benefit of any Act for the relief of insolvent debtors, it shall be lawful for the clerk or collector, in all proceedings under the bankruptcy or insolvency, to represent such board or vestry, and act in their behalf in all respects as if such claim or demand were the claim or demand of the clerk or collector, and not of such board or vestry.

Tender of

amends.

Compensation, damage, and expenses

how to be ascertained

CCXXIV. If any party have committed any irregularity, trespass, or other wrongful proceeding in the execution of this Act, or any Act incorporated therewith, or by virtue of any power or authority given by this Act or such other Act as aforesaid, and if before action brought in respect thereof such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action (a).

CCXXV. In every case where the amount of any damage, costs, or expenses is by this Act directed to be ascertained or recovered in a summary manner, or the amount of any damage, costs, or expenses is by this Act

(a) See the 25 & 26 Vict. c. 102, s. 106, post, requiring notice of action, &c., to metropolitan board, vestries, district boards, &c., and as to limitation, venue, &c.

vered.

directed to be paid, and the method of ascertaining the and recoamount or enforcing the payment thereof is not provided for, such amount shall, in case of dispute, be ascertained and determined by and shall be recovered before two justices (b); and the amount of any compensation (c) to be made under this Act by the said metropolitan board, or any vestry or district board, shall, unless herein otherwise provided, be settled, in case of dispute, by and shall be recovered before two justices, unless the amount of compensation claimed exceed 50l., in which case the amount (d) thereof shall be settled by arbitration,

(b) By the 14th sect. of the 2 & 3 Vict. c. 71 (for regulating the police courts in the metropolis), one of the metropolitan police magistrates may do alone any act which by any law in use, or any law not containing an express provision to the contrary, is directed to be done by more than one justice; but he is not to act at special or petty sessions, &c. The remedy given by this section is exclusive, and no action lies at the suit of the vestry against the owner for the recovery of such expenses; Vestry of St. Pancras v. Batterbury, 26 L. J. (N. S.) C. P. 243.

(c) The provisions directing payment of compensation are contained in the 68th, 84th, 86th, and 120th sections relating to the functions of vestries and district boards; and the 135th section relating to those of the metropolitan board.

(d) The jurisdiction of the arbitrator seems to be confined to the question of amount, and this mode of settlement does not apply in a case in which the liability to make any compensation is to be tried. See R. v. Metropolitan Commissioners of Sewers, 22 L. J. (N. S.) Q. B. 234, which was a decision on the 69th section of 11 & 12 Vict. c. 112, empowering the arbitrator to determine the amount; and as to the jurisdiction of a jury to try a question of right under sect. 68 of Lands Clauses Act, see R. v. London and North Western Railway Company, 3 Ell. & Bl. 443; 23 L. J. (N. S.) Q. B. 185; Ware v. Regent's Canal Company, 23 L. J. (N. S.) 145, Ex. But it was held, under sect. 144 of the Public Health Act, that where damage only was disputed, but not liability, that was a dispute as to amount; Bradby v. Southampton Local Board of Health, 4 Ell. & B. 1014; and see R. v. Lancaster and Preston Railway Company, 6 Q. B. 759. Where the liability was disputed by a local board of health, the court granted a writ of mandamus to make compensation; R. v. Bursiem Local Board of Health, 6 Jur. (N. S.) 696; and the claimant was not bound to demand a specific amount; ibid.

Method of proceeding before

justices in

according to the provisions contained in the Lands Clauses Consolidation Act, 1845, which are applicable where questions of disputed compensation are authorized or required to be settled by arbitration (e).

CCXXVI. Where the amount of any compensation, or of any damage, costs, or expenses, is to be determined questions of by or to be recovered before two justices, it shall be damages, &c. lawful for any justice, upon the application of either party, to summon the other party to appear before two justices, at a time and place to be named in such summons; and upon the appearance of such parties, or, in the absence of either of them, upon proof of due service of the summons, it shall be lawful for such two justices to hear and determine the matter, and for that purpose to examine such parties, or any of them, and their witnesses, on oath, and make such order, as well as to costs as otherwise, as to them may seem just.

Penalties, &c., to be

recovered as

11 & 12 Vict.

c. 43 (ƒ).

CCXXVII. Every penalty or forfeiture imposed by this Act, or by any byelaw made in pursuance thereof, provided by the recovery of which is not otherwise provided for, may be recovered by summary proceedings before any justice in manner provided by the Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter forty-three, to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders."

Damages

to be made

CCXXVIII. If through any act, neglect, or default on account whereof any person has incurred any penalty

(e) The provisions as to the mode of proceeding for settling amount of compensation by arbitration, are contained in the 25th and following sections of the 8 Vict. c. 18, to the 37th inclusive; which see, post, Appendix.

(f) By the 104th sect. of 25 & 26 Vict. c. 102, post, this provision is extended to the recovery of damages, costs, &c., not otherwise provided for.

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