of commis

CCXLIV. Nothing in this Act shall divest the com- Saving rights missioners or trustees of any turnpike road of any sioners or powers or property vested in them as such commissioners trustees of turnpike or trustees, save as herein expressly provided (f) with roads. respect to turnpike roads, and save that the footpaths of any such road shall be under the care and management of the vestries and district boards of the parishes or districts in which the same are situate in like manner as other footpaths in such parishes and districts: Provided always, that the provisions of this Act transferring to vestries and district boards powers and property vested in any commissioner or other body in relation to the paving, lighting, watering, cleansing, and improving of their parishes and districts, and all other provisions of this Act incident to or consequent upon such transfer, shall apply to all powers and property vested in the trustees of the Commercial-road, so far as regards any streets or highways other than such road, and also so far as regards the footpaths of such road.

CCXLV. Nothing in this Act shall interfere with the Saving for metropolitan powers given by law to the commissioners of the police police comof the metropolis.

missioners.

dice dispute

CCXLVI. Nothing in this Act shall be construed to Not to prejuprejudice or affect any question as to whether the hamlet between Batof Penge is or is not a part of the parish of Battersea.

tersea and Penge.

Acts incon

CCXLVII. All Acts of parliament in force in any Repeal of parish or place to which this Act extends, or in any part sistent with of such parish or place, shall, so far as the same are in- this Act. consistent with the provisions of this Act, be repealed (9) as regards such parish or place, or such part thereof,

(f) See s. 157, ante (now repealed), and s. 33 of 25 & 26 Vict. c. 33, post, for regulations as to breaking up turnpike

roads.

(g) This does not apply to powers contained in a railway Act, per Vice-Chancellor Wood, London and Blackwall Railway Company v. Board of Works for the Limehouse District, 20 J. P. 789.

In case of

the provi

Act, provi

Acts may be varied by

order in

council on petition of boards or vestries.

notwithstanding any provisions of this Act continuing and transferring respectively to vestries of parishes and transferring to district boards any duties, powers, or authorities now vested in vestries, commissioners, or other bodies.

any

CCXLVIII. Upon the petition of the metropolitan conflict with board of works, or of any district board or vestry, resions of this presenting to Her Majesty in council that by reason of sions of local the provisions of any local Act of parliament relating to district or parish, or any part thereof respectively, difficulties have arisen in the execution of this Act and of such local Act or either of them, and praying for a suspension or alteration of all or any of the provisions of such local Act, or for the establishment of other provisions in lieu thereof under this enactment, it shall be lawful for Her Majesty, by order in council, to suspend or alter all or any of the provisions of such local Act, and to make other provisions in relation to the matters thereof as Her Majesty, with the advice of her privy council, may think necessary under the circumstances of the case; and every such order in council shall be laid before both houses of parliament within one month after the making thereof, if parliament be then sitting, or, if parliament be not sitting, then within one month after the next meeting of parliament, and shall be published in the London Gazette: Provided always, that no such order in council shall remain in force beyond the term of one year from the making thereof.

Act may be extended by order in council to

Power to extend Act to adjoining Parishes. CCXLIX. In case and when and so often as it is made to Her Majesty in council, upon the appear representation of the metropolitan board of works (h) that the

to

(h) See provision in 25 & 26 Vict. c. 102, s. 42, post, requiring, before any representation is made under this enactment, two months' previous notice to the churchwardens and surveyors of highways of the parish to which the representa

tion relates.

joining the

not having less than 750

provisions of this Act should be extended to any parish parishes adadjoining the metropolis, and in which there are not less metropolis than seven hundred and fifty inhabitants rated to the relief of the poor, it shall be lawful for Her Majesty, ratepayers. with the advice of her privy council, to order that the provisions of this Act shall extend to such parish, from and after a day to be mentioned in this behalf in the order in council, and that such parish shall join with any parish or parishes or district in such order named in the election from time to time of the member or members of the metropolitan board of works by this Act directed to be elected for such parish or parishes or district, and to make such provision as to the mode in which every such joint election shall take place, and otherwise in relation thereto, as to Her Majesty in council may seem necessary and proper; and every such order shall be published in the London Gazette; and from and after the time mentioned in such order for the extension of the provisions of this Act to any parish as aforesaid, the provisions of this Act shall extend to and be in force therein, in like manner, so far as circumstances will admit, as such provisions apply to any parish mentioned in schedule (A.) of this Act, subject, nevertheless, to the provisions in such order contained in relation to the election by such parish jointly as aforesaid of a member or members of the said metropolitan board: Provided always, that notice of every such representation, and of the time when it shall please Her Majesty to order that the same be taken into consideration by her privy council, shall be published in the London Gazette one month at least before such representation is so considered.

Interpretation and Commencement of Act.

CCL. In the construction of this Act "the metro- Interpretapolis" shall be deemed to include the City of London,

(i) See interpretation of terms in s. 112 of amending Act, 25 & 26 Vict. c. 102, post.

tion of

terms: (i)

polis:"

London:"

"Parish:"

"Overseers the poor:"

"Rates:"

"the metro- and the parishes and places mentioned in the schedules "the City of (A.), (B.), and (C.) to this Act; "the City of London" shall be deemed to include all parts now within the jurisdiction of the commissioners of sewers for the City of London; and the word "parish" shall include any place mentioned in schedule (A.) to this Act, and any place or combination of places mentioned in schedule (B.) to this Act, for which one or more member or members is or are to be elected to any district board; the expression "the overseers of the poor" (a) shall include any persons authorized to make and collect or cause to be collected the rate for the relief of the poor in any parish; any expression referring to any rate or rates raised under this Act by the metropolitan board of works or any vestry or district board shall mean the sums and rates authorized to be raised by the said metropolitan board and the sums authorized to be raised by any vestry and district board "Owner" respectively; the word "owner" shall, except for the purpose of the provision of this Act requiring notice to be served on owners or reputed owners of land, before application to one of Her Majesty's principal secretaries of state for his consent to exercise powers of taking land, or any right or easement in or over land, compulsorily, mean the person for the time being receiving the rackrent of the lands or premises in connexion with which the said word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a "Street:"(b) rackrent; the word "street" shall apply to and include any highway (except the carriageway of any turnpike road) and any road, bridge (not being a county bridge),

(a) In Christie v. The Guardians of the Poor of St. Luke, Chelsea, 27 L. J. (N. S.) M. C., 153, it was held to be no objection to a rate made by the guardians of the poor of the parish of St. Luke, Chelsea, pursuant to an order of the vestry, that the order was addressed to the overseers instead of to the guardians.

(b) See Le Nève v. The Vestry of Mile-End Old Town, 27 L. J. (N. S.) Q. B. 208, note (c) to s. 119, ante.

lane, footway, square, court, alley, passage, whether a thoroughfare or not, and a part of any such highway, road, bridge, lane, footway, square, court, alley, or passage; the word "drain" shall mean and include any drain "Drain :" of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed, and shall also include any drain for draining any group or block of houses by a combined operation under the order of any vestry or district board (e); and the word "sewer" (d) "Sewer:" shall mean and include sewers and drains of every description, except drains to which the word "drain," inter

preted as aforesaid, applies; and the word "ashpit" shall "Ashpit." include "dustbin."

ment of Act.

CCLI. This Act shall commence and come into ope- Commenceration, save as herein otherwise provided, on the 1st day of January, 1856.

(c) Or pursuant to the order, or direction, or with the sanction or approval of the metropolitan commissioners of sewers; sect. 112 of 25 & 26 Vict. c. 102, post.

(d) See Sutton v. Mayor of Norwich, 27 L. J. (N. S.) Ch. 739, where it was held that the power to construct sewers does not authorize a local board to enter upon a man's land, against his wish, to construct a reservoir.