Special provision as to parish of

Woolwich(a).

CCXXXVIII. Notwithstanding anything in this Act contained to the contrary, the provisions of this Act shall extend and apply to the parish of Woolwich only to the extent and in manner hereinafter mentioned; (that is to say,)

A member of the metropolitan board of works shall be from time to time elected by the local board of health of Woolwich, at a meeting of such board, as by this Act directed with respect to the vestry of each of the parishes mentioned in the said schedule (A.):

The said metropolitan board shall have and perform, within and in relation to the said parish, all the powers and duties vested in them under this Act, in like manner as within and in relation to other parishes mentioned in the said schedule (A.), save that the said local board shall be subject to all orders of the said metropolitan board in relation to sewerage and otherwise, and to all precepts requiring payment of money, in all respects as the vestries of other parishes in the said schedule (A.) are subject to the same, in lieu of the vestry of the said parish; and all sums required to be paid by such precepts shall be defrayed out of any monies carried to the district fund account, or by means of a general district rate to be levied on the whole of the parish of

(a) The parish of Woolwich was constituted a district under the Public Health Act, 1848, (11 & 12 Vict. c. 63,) the provisional order having been confirmed by the 15 & 16 Vict. c. 69. The paving, local sewerage, &c., are administered by the local board of health; but the parish is by this provision made subject to the jurisdiction of the metropolitan board in relation to sewerage, metropolitan improvements, &c., in the same manner as the other parishes in schedule (A.), the local board being substituted for the vestry, for the purpose of compliance with their orders. The third section of the Local Government Act, 21 & 22 Vict. c. 98, declares that that Act shall not be adopted by any place within the limits of the metropolis, as defined by the Metropolis Local Management Act.

Woolwich, or such part thereof as may be specified in the precept of the said metropolitan board.

visions as to

squares, &c.

CCXXXIX. Where any enclosed garden or orna- Special promental ground is vested in or under the maintenance or inclosed management of any commissioners or other body, for the gardens in use of the inhabitants of any square, crescent, circus, street, or place, surrounding or adjoining such garden or ground, and the powers of such commissioners or other body do not extend beyond such garden or ground, and such square, crescent, circus, street, or place, or any adjoining street, way, or passage, so far as the same may abut upon any part of any house, shop, building, or tenement situate in or fronting any such square, crescent, circus, street, or place, nothing in this Act shall divest such commissioners or body of any property in such garden or ground, or in any railing or footway bounding the same, or of any duties, powers, or authorities now or hereafter vested in any such commissioners or other body, for or in relation to the paving, watering, cleansing, improving, or regulating of such enclosed garden or ornamental ground, or in relation to the railing or footway bounding the same, or to levy rates for defraying any expenses incurred in the execution of such duties or powers; and where the maintenance or management of any enclosed garden or ornamental ground is vested in any commissioners or other body, for the use or benefit of the inhabitants of any square, crescent, circus, street, or place surrounding or adjoining the same, who are liable to be assessed for the maintenance thereof, and the powers of such commissioners or other body extend beyond such enclosed garden or ornamental ground, and such square, crescent, circus, street, or place, or such adjoining street, way, or passage as aforesaid, the maintenance and management of such enclosed garden or ornamental ground shall be vested in a committee, consisting of not more than nine nor fewer than three of such inhabitants, and such committee shall be appointed annually in the first week in June by such inhabitants; and the vestry or board shall from time to

Saving of powers and

property of commissioners under

c. 95 (b).

time cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such enclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district, by an addition to the general rate to be assessed on the occupiers of the houses or buildings the occupiers whereof are now liable to be assessed for the same purpose: Provided always, that where any such rate which may now be levied for such purpose is limited in amount the rate to be levied under this provision shall be subject to the like limit.

CCXL. This Act shall not divest the commissioners for carrying into execution "The Crown Estate Paving Act, 1851," and the subsisting provisions of the Acts 14 & 15 Vict. therein recited, or the commissioners of Her Majesty's works and public buildings, of any of the powers, duties, authorities, or property vested in them respectively under the said Acts; and nothing in this Act shall extend to authorize or empower any vestry or district board to exercise any power or control whatsoever in respect of paving, maintaining, lighting, watering, cleansing, and regulating any streets or places in the neighbourhood of the houses of parliament, delineated on a plan marked E., referred to by "The Crown Estate Paving Act, 1851," or any portion of the district now under the management of the commissioners for carrying

(b) The powers vested in the commissioners under the 5 Geo. 4, c. 100, so far as concerned the making and maintenance of sewers, drains, and watercourses, and the making of sewers' rates for those purposes, were by the 11 & 12 Vict. c. 112, s. 143, transferred to the metropolitan commissioners of sewers. The Crown Estate Paving Act, 14 & 15 Vict. c. 95, mentioned in this section, transferred certain portions of the district included within the above Acts to the parishes, the control over the sewers being still reserved to the metropolitan commissioners. By sect. 25 the management of the places comprised in plan E. was vested in the commissioners of Her Majesty's works, &c. The places comprised in that plan were parts of New Palace Yard, St. Margaret Street, Old Palace Yard, and certain other adjoining streets and places. The jurisdiction of the former commissioners over certain

into execution the said Crown Estate Paving Act, and the subsisting provisions aforesaid, or to exercise any power or control whatsoever in or over any of the gardens or pleasure grounds the management whereof is now or may for the time being be vested in such lastmentioned commissioners; nor shall any such street or place, or any portion of such district, as aforesaid, be assessed or rated under this Act for defraying any expenses incurred by any vestry or district board in relation to paving, lighting, watering, or cleansing, but such streets, places, and district shall be subject to all the provisions of this Act relating to sewerage and house drainage, and to be assessed or rated for sewerage expenses incurred by any such vestry or board, and for expenses incurred by the metropolitan board of works, and towards any sums required to be raised by such board under this Act as by this Act provided.

commis

works.

CCXLI. Nothing in this Act shall divest the commis- Saving of the sioners for the time being of Her Majesty's works and rights of the public buildings of any power or property now or which sioners of for the time being may be vested in them; and nothing in this Act shall extend to authorize or empower any vestry or district board to exercise any power or control whatsoever in or over any of the royal or public parks, gardens, or pleasure grounds, the management whereof is now or may be for the time being vested in such commissioners; and nothing in this Act shall abridge, alter, or affect any right, power, exemption, or remedy of the Queen's most excellent Majesty, her heirs or successors, or the said commissioners, in, over, or in relation to the possessions of the crown or of the public.

CCXLII. Nothing in this Act shall divest the com- Saving of missioners of sewers of the city of London of any powers city commispowers (c) of or property vested in them in relation to such parts of sioners of

parts of the crown estate near the Regent's Park, &c. was transferred to the commissioners under that Act.

(c) See note (b) to sect. 1, ante, for definition of the word "city" in the City of London Sewers Act, 1848. The saving in the present section applies to parishes which are partly

sewers over

certain parts of parishes in schedule

(B).

Saving rights

of Metropolitan

Sewage

Manure
Company,

acting under

c. cccxcviii.

and 10 & 11 Vict. c. cxxxviii.

any of the parishes mentioned in schedule (B.) to this Act as are within the city of London, nor shall such parts be subject to be rated or assessed by any district board, but shall be subject to all the powers of the metropolitan board of works as other places in the city of London.

CCXLIII. Nothing in this Act shall extend to or affect any of the rights, privileges, powers, or authorities vested in the Metropolitan Sewage Manure Company by an Act of the session holden in the ninth and tenth 3 & 10 Vict. years of Her Majesty, intituled "An Act to incorporate a Company by the Name of the Metropolitan Sewage Manure Company," or an Act of the session then next following, intituled "An Act for enabling the Metropolitan Sewage Manure Company to alter the Line of their Works, and for other Purposes :" (d) Provided always, that all rights, powers, and authorities by either of the said Acts vested in the commissioners of sewers for the time being for the city and liberty of Westminster and part of the county of Middlesex (e) shall be vested in the metropolitan board of works, and the provisions of the said Acts shall be construed as applying to such board in lieu of such commissioners, but any order or act which might have been made or done by the said commissioners at a court of sewers may be made or done by the said metropolitan board at any meeting of such board.

within and partly without the city of London, and it provides that nothing in the Act shall divest the commissioners of sewers of the city of the powers or property vested in them in relation to such parts of those parishes as are within the city, and that such parts shall not be subject to be rated or assessed by any district board, that is with respect to sewers and other matters reserved to the city of London; Daw v. The Metropolitan Board of Works, 31 L. J. (N. S.) C. P. 223.

(d) The Sewage Manure Company under the Acts referred to were established for the purpose of collecting the sewage of the King's Scholars' Pond and Ranelagh Sewers, and distributing the same for agricultural purposes.

(e) The Acts imposed upon the company the obligation of giving notice to those commissioners before making any new sewers, and of conforming to their directions in their construction.