Recited Act public benefit of the inhabitants of the district or parish ; but this enactment shall not authorize any expenditure to be defrayed by rates, except for the purpose of enclosing, maintaining, planting, and otherwise improving the same. XII. The said Act of the last session and this Act and this Act shall be construed together as one Act. to be as one. the 72nd section of the 25 & 26 Vict. c. 102, post, for improving streets, &c., with the previous consent of the metropolitan board of works; and the 73rd section, extending to the metropolis generally certain powers for regulating and improving streets conferred by the 57 Geo. 3, c. 29. 21 & 22 VICT. CAP. 104. AN ACT TO ALTER AND AMEND THE METROPOLIS LOCAL 2ND AUGUST, 1858. WHEREAS it is necessary, with a view to the health of the metropolis, that works should be speedily undertaken and completed for the purification of the Thames and for the improvement of the drainage of the metropolis, and for this purpose it is expedient that the Act of the session holden in the eighteenth and nineteenth years, 18 & 19 Vict. of Her Majesty, "for the better local Management of c. 120. the Metropolis," should be amended: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: I. The metropolitan board shall cause to be commenced The metropolitan as soon as may be after the passing of this Act, and to be board of carried on and completed with all convenient speed according to such plan as to them may seem proper, the sewerage works to commence works as soon as may (a) The original powers for constructing works of main be (a). drainage were contained in the 135th section of the 18 & 19 Vict. c. 120 (ante), by which the board were commanded to make such sewers and works as they might think necessary for pre necessary sewers and works for the improvement of the main drainage of the metropolis, and for preventing, as venting all or any part of the sewage within the metropolis from flowing or passing into the Thames in or near the metropolis; and they were required to complete such works before the 31st December, 1860. The 186th section of the same Act required that before any plan should be carried into effect it should have been approved by the commissioners of Her Majesty's works and public buildings. The present Act removes those restrictions, and provides that the board may execute the necessary works according to such plan as to them may seem proper; and it repeals the provision by which the approbation of the commissioners of works was rendered necessary before the plan could be carried into effect. It also alters that direction in the original Act requiring the execution of works for preventing the sewage from flowing or passing into the Thames in or near the metropolis, and authorizes the board to carry out works for preventing, as far as may be practicable, the sewage of the metropolis from passing into the Thames within the metropolis. Further, it gives the board additional powers for constructing works under the bed banks and shores of the Thames for the purposes of the Act, and it extends the period for the completion of the works to the 31st December, 1863. The plan of the main drainage, which was prepared by the engineer of the board, M. Bazalgette, with whom had been associated Messrs. Bidder and Hawksley, civil engineers, had been fully matured previously to the passing of the Act, and the first portion of the works was commenced on the 31st January, 1859. The works consist of a system of intercepting sewers on either side of the Thames, making a total length of 82 miles, comprising on the north of the river a high level, middle level, low level, and outfall sewer, between Hammersmith to the west and Barking to the east. South of the Thames the works consist of a high level, low level, and outfall sewer, extending from Putney to the final point of discharge in Erith marshes. In designing the system, recourse was had, as far as possible, to gravitation, but where that mode of drainage was impracticable, artificial outfalls, by means of pumping machinery, were resorted to. The works are designed for taking off the ordinary rainfall of a drainage area of 117 square miles, and the sewage and refuse waters of a prospective population of three millions and a half, and for affording efficient outfalls for the lowlying districts which have been long in need of deeper channels of drainage. On their completion the open sewers existing in different parts of the metropolis will be diverted and closed up. far as may be practicable, the sewage (b) of the metropolis from passing into the river Thames within the metropolis. board may shores and Thames. II. The metropolitan board of works, for the purposes Metropolitan of this Act, may construct (c) any work through, along, construct over, or under the bed and soil and banks and shores works on the of the river Thames, making compensation to all per- bed of the sons having any interest in any wharfs, jetties, or other property damaged by such works, as provided by the said Act of the eighteenth and nineteenth years of Her Majesty in respect of property injured (d) under the powers of such Act. taking land of deodo III. The powers of taking land given by the said Powers of Act of the eighteenth and nineteenth years of Her Ma- to apply for jesty (e) and all other powers in such Act and this Act the purpose in relation to sewerage works, shall extend and be ap- rizing works. plicable as well to works for deodorizing sewage as to all other works under this Act, either within or beyond the limits of the metropolis (ƒ), and all such works shall (b) See definition of the word "sewage" in sect. 32, post. (c) This is a new power, no such authority having been conferred by the 135th sect. of the 18 & 19 Vict. c. 120, and previously to the exercise of it the works must, under sect. 27, have been approved by the admiralty; Brownlow v. Metropolitan Board of Works and another, 31 L. J. (N. S.) C. P. 140. The 28th section, post, also requires the previous approval of the conservators of the Thames. See also 25 & 26 Vict. c. 93, s. 18, post, Appendix, as to previous approval of admiralty in the case of certain works connected with the Thames embankment. (d) The 135th sect. of 18 & 19 Vict. c. 120, ante, gives compensation "for any damage done thereby" by the operations described, and the determination and recovery of such compensations are provided for by the 225th section of the same Act. (e) See ss. 150, 151, 152, 153, and 225 of 18 & 19 Vict. c. 120, ante. (f) The 135th sect. of 18 & 19 Vict. c. 120, empowers the board to carry their sewers and works through any turnpike road, street, &c. as well beyond as within the limits of the metropolis. Metropolitan board of works may raise the sum of be deemed works for the purpose of the sewerage or drainage of the metropolis (g). IV. The metropolitan board of works may, with the consent of the commissioners of Her Majesty's treasury, (before 1865) from time to time after the passing of this Act, but not later than the 31st day of December, 1864, borrow on such bonds, debentures, or other securities, and at such rate of interest, and upon such terms as to the time of repayment and otherwise, as such commissioners may approve, any sum or sums of money not exceeding in the whole the sum of 3,000,000l. for the purposes of this Act (i). three millions by bonds or debentures (h). Power to raise money for repayment of principal monies. V. Upon or for the repayment of the principal money secured under the authority of this Act, or any part of such money, the said metropolitan board may, with such consent as aforesaid, at any time borrow on such bonds, debentures, or other securities as aforesaid all or any part of the amount of principal money repaid or to be repaid, and so from time to time as all or any part of any principal money for the time being secured under this Act may require to be repaid; but the amount to (g) The works for which the 18 & 19 Vict. c. 120, authorizes the taking of lands compulsorily are for preventing sewage, &c. from passing into the Thames within the specified limits " or otherwise for the purpose of the sewerage or drainage of the metropolis."-Sect. 152. (h) The board entered into a contract with the Bank of England on the 21st April, 1859, to which the lords commissioners of the treasury were consenting parties in conformity with the Act. It provided that the Bank should advance to the board 3,000,000l. between the date of the agreement and the 31st December, 1864, and that repayment should be made by annual instalments, the produce of the main drainage rate of 3d. in the 17. on the metropolis assessed on the county rate basis, after providing for the interest on bonds; the Bank accepting as security for their advances bonds issued by the board, guaranteed by the lords commissioners of the treasury, and bearing interest at the rate of 3 per cent. (i) See 25 & 26 Vict. c. 102, ss. 1 & 2, post, applying portions of the monies borrowed under this Act to other purposes there specified. |