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case of neglect or refusal to permit any such clerk or person to inspect or to take copies or extracts, are hereby extended and made applicable to all other rates and assessments, whether parochial or otherwise, within the several parts of the metropolis, and the books in which the same are contained, and the valuations and returns relating thereto, and the person or persons having the custody or control thereof.
Metropolitan board may
XVII. It shall be lawful for the said board, by order require to be in writing, to require the vestry clerk, overseer, collector,
furnished with copies of poor rates.
person having the custody or control of any rate for the relief of the poor in any parish or place, to furnish within such period, not being less than seven days, as shall be limited in such order, or of such part or parts of the said rate as shall be specified in such order, on payment or tender for such copy at the rate of 6d. for every twenty-four names (inclusive of all the particulars in the several columns of the rate, so far as such particulars have reference to such names respectively); and the said copy shall be examined by and signed by such vestry clerk, overseer, collector, or other person, and shall be verified by his solemn declaration, if the said board shall require the same, which solemn declaration any justice of the peace, or commissioner duly authorized, is hereby authorized to administer; and any person having the custody or control of such rate who shall refuse or neglect to make and deliver to the said board, or any person by them authorized to receive the same, such copy or extract, or to make such solemn declaration as aforesaid, shall be liable to a penalty not exceeding 101. for every such offence, and to a further continuing penalty of 107. for each and every day during which the said offence shall be continued.
Monies arising from the rate to be paid into a separate ac
XVIII. An account shall be opened in the books of governor and company of the Bank of England for the purposes of this Act, in the names of such officers or count in the persons as the commissioners of Her Majesty's Treasury
may direct, and such account shall be deemed a public Bank of
XIX. All monies paid to the credit of the said account Application shall be from time to time applied in payment of the in- paid into the Bank of terest of the monies borrowed under this Act, and subject England. thereto in or towards payment of any monies so borrowed which for the time being may be payable, or the purchase of bonds, debentures, or securities whereby any such monies are secured, for the purpose of the extinction thereof; and any surplus, after answering the purposes aforesaid, shall be invested in government securities in such manner as the commissioners of the treasury may think fit and direct, and such investments shall be sold when and as the said commissioners of the treasury may direct.
XX. Provided always, that the commissioners of Her Monies arising from Majesty's treasury may authorize any money standing rates may be applied to the credit of the said account in the Bank of England, in lieu of not exceeding in the whole the amount remaining to be money to be raised of the said sum of three million pounds, to be paid loan. to the metropolitan board of works, to be applied as any money to be raised by loan under this Act is applicable: in such case the amount which would otherwise have remained raisable under this Act shall be reduced by the sum or sums so authorized to be paid to the metropolitan board of works as aforesaid,
Payment in pursuance of guarantee.
XXI. For the purpose of giving effect to such guarantee as herein provided, it shall be lawful for the commissioners of Her Majesty's Treasury to cause to be issued out of the consolidated fund of the United Kingdom, or the growing produce thereof, such sums as may be necessary for payment of such principal and interest as may from time to time be payable in aid of any other monies applicable for that purpose under this Act; and in case any principal or interest payable under this Act shall be paid out of the said consolidated fund, such commissioners shall cause any money so paid to be repaid to the said consolidated fund out of any monies which may have arisen or may arise from the rates levied under this Act or the investment thereof.
XXII. If the whole amount raisable under this Act Act may be shall have been raised and paid off by means of the rates levied under this Act before the expiration of the said period of forty years, the metropolitan board of works, with the consent of the commissioners of Her Majesty's Treasury, shall discontinue the assessment for "the metropolis main drainage rate;" and any surplus of the monies arising from the rates levied under this Act which may remain after such payment shall be applicable towards defraying the expenses of the said board.
rowed is repaid.
Metropolitan board to deodorize
XXIII. The metropolitan board of works, in the meantime and until the works required by this Act for sewage, and the purification of the river Thames are completed, may
defray expenses as
do all such works and apply all such means as they may under 18 & 19 deem proper for deodorizing such sewage (a) or other
Vict. c. 120.
wise protecting the public health from any injurious
(a) The word "such" refers to the sewage of the metropolis mentioned in the 1st section. The works of deodorization referred to in this proviso are of a temporary character only, and the cost of them is to be defrayed, not out of the main drainage rate, but out of the monies raised under the ordinary assessments of the board.
consequences therefrom, and may defray the expenses incurred for this purpose as the expenses incurred by the said board under the said Act of the eighteenth and nineteenth years of Her Majesty are therein directed to be defrayed.
XXIV. The said metropolitan board shall cause all Board to exworks to be executed under this Act to be constructed so as not to and kept so as not to be a nuisance, and shall, in deodor- create a nuiizing any sewage, and in disposing of any sewage or refuse from sewers, act in such manner as not to create a nuisance.
of the commissioners
XXV. Section one hundred and thirty-six of the said Enactments Act, and so much of section one hundred and forty-four approbation of the said Act as provides "that before the metropolitan board of works commence any such works the estimated of works, &c. repealed. expense whereof shall exceed fifty thousand pounds, the plan of such works, together with an estimate of the cost of carrying the same into execution, shall be submitted by such board to the commissioners of Her Majesty's works and public buildings, and no such plan shall be carried into effect until the same has been approved by such commissioners, and no such works shall be commenced in cases where the estimated expense thereof shall exceed the sum of one hundred thousand pounds, without the previous sanction of parliament," shall be repealed.
XXVI. The time limited by section one hundred and Time for thirty-five of the said Act of the eighteenth and nine- completion teenth years of Her Majesty, for the completion of the tended to end
of works ex
(b) See the provision contained in sect. 31, empowering the secretary of state to direct a prosecution in case of nuisance. This enactment does not take away the ordinary remedies in case of nuisance. See Sutton v. Mayor of Norwich, 27 L. J. (N. S.) Ch. 739; Attorney-General v. Town Council of Birmingham, 22 J. P. 561.
sewers and works necessary for preventing the sewage of the metropolis from passing into the river Thames in or near (c) the metropolis, shall be extended to the thirty-first day of December one thousand eight hundred and sixty-three (d).
Works, &c. to be approved of by
XXVII. No works upon the bed or shores of the said river Thames below high-water mark which may interadmiralty. fere with the navigation of that river shall at any time
be commenced or executed under the provisions of this Act without the same having been previously approved (e) of by the lord high admiral, or the commissioners for executing the office of lord high admiral, such approval to be from time to time specified in writing under the hand of the secretary to the admiralty.
Works upon shore of the
XXVIII. In order to preserve the navigation of the river Thames river Thames, the plans of any work to be constructed to be apunder the authority of this Act upon the banks, bed, or proved by the conserva- shore of the river Thames, which may interfere with the riverThames. free navigation of the said river, shall be approved by
tors of the
the conservators of the river Thames, in writing signed by their secretary, before such works are commenced, certifying that the works according to such plans will not interfere with the navigation of the river Thames.
(c) The description of the main drainage works is that given by the 135th section of the 18 & 19 Vict. c. 120, instead of that contained in the 1st section of the Act, which substitutes the word "within" for the words "in or near." See the 26th section of the 25 & 26 Vict. c. 102, post, by which the extension of time is declared applicable to the works as described by this Act.
(d) A further extension of time will become indispensable, as a portion of the low-level sewer will have to be carried in a line of the embankment sanctioned by the Act 25 & 26 Vict. c. 93, passed towards the close of the last session of parliament. See the Act, Appendix, post.
(e) See note to sect. 2, as to effect of an omission to obtain this approval.