Power to metropolitan board to take lands for roads, &c. (i). Votes exceeding 20,000l. to such Acts (h) to cause to be stopped up all or such part of the carriage or footway of any streets, roads, or ways as shall be necessary for the due execution of the said works. XXII. The compulsory powers of taking land given to the said metropolitan board by the firstly recited Act, and the "Lands Clauses Consolidation Act, 1845," shall, subject to the conditions and restrictions in the firstly recited Act contained, extend and be applicable to the taking of any lands which they may require for the purpose of making convenient roads or ways to or in connexion with any sewers or works vested or hereafter to be vested in the said board, or which they may require for making roads or ways during the construction of any sewerage works, or for spoil banks or places of deposit of surplus earth or other materials in the execution of any such works. XXIII. No resolution made or passed after the passing of this Act by the said metropolitan board, authorizing be confirmed. the expenditure upon or the construction of any works, the estimated cost of which shall amount to or exceed the sum of 20,000l., shall be carried into execution or be deemed valid and binding until the same shall have been confirmed at a subsequent meeting of the said board duly (k) convened. Maintenance of bridges, culverts, &c. XXIV. When the said metropolitan board shall, in (h) See s. 33, post, repealing the 157th sect. of the 18 & 19 Vict. c. 120, containing regulations as to breaking up turnpike roads. (i) The Railway Clauses Act, 8 Vict. c. 20, authorizing the construction by railway companies of accommodation and subsidiary works, is not incorporated with the Metropolis Local Management Act (18 & 19 Vict. c. 120); and the works specified in the 150th section of that Act for which the board may take land compulsorily do not extend to the purposes mentioned in this section. (k) This probably means convened as a special meeting by a notice specifying its object in the mode prescribed by the 52nd section of the 18 & 19 Vict. c. 120, p. 27, ante. exercise of the powers conferred upon them, have constructed any bridges, culverts, arches, or passages in connexion with any sewers or works, all such bridges, culverts, arches, and passages shall at all times after the construction thereof be maintained at the expense of the said board. and mainte arches, XXV. It shall be lawful for the said metropolitan Formation board to make and maintain any bridges, arches, nance of culverts, passages, or roads over, under, or by the sides bridges, of or leading to or from any sewerage works constructed culverts, or to be constructed by them, which they may deem &c. (1). necessary and convenient for preserving the communications between lands through which the said works may have been or may be made or carried; provided that it shall be lawful for the said board to contract and agree with the owners and occupiers of lands to pay them or any of them compensation in lieu of making or maintaining such bridges or other works. for comple tion of works specified in XXVI. The extension of time authorized and directed Time limited by the twenty-sixth section of the thirdly recited Act, the twenty-first and twenty-second Victoria, chapter one hundred and four, shall be deemed to apply to the sewers (1) It has already been stated (see note, s. 22), that the Railway Clauses Consolidation Act not being incorporated with the Metropolis Management Acts, the provisions in it as to the construction and maintenance of accommodation works do not apply. The 24th and this section make express provision on this subject, and remove doubts as to the powers and duties of the board with respect to the application of their funds to works of this description; which doubts have been found prejudicial, both in the execution of works, and in arrangements with landholders. They confer upon the board powers for constructing accommodation works similar to those contained in the 68th section of the Railways Clauses Act, 8 Vict. c. 20. Works of this nature are more especially required in the case of those portions of the main drainage which are carried in an embankment. (m) This section corrects an accidental inaccuracy of expres sion occurring in the 26th section of the 21st & 22nd Vict. c. sect. 1 of 21 & 22 Vict. c. 104 (m). As to trapping of gullies connected with main sewers. Powers as to sewerage not to be transferred to metropo litan board without con sent of that board (b). Orders to be made by committee and works mentioned in the first section of that Act for the improvement of the main drainage of the metropolis, and for preventing, as far as may be practicable, the sewage of the metropolis from passing into the Thames within the metropolis. XXVII. No gully or ventilating shaft immediately connected with or appertaining to, or which hereafter may be immediately connected with or appertain to, any sewer vested in the metropolitan board of works, shall be trapped, covered, or closed up without previous notice in writing being given to the said board, nor if the said board or their engineer within one week after the giving of such notice shall express in writing their or his objection to the same (a). XXVIII. Notwithstanding the provision contained in the eighty-ninth section to the firstly recited Act, relative to the transfer by vestries and district boards to the metropolitan board of works of their powers and duties in relation to sewerage and drainage, it shall not be lawful for any vestry or district board to transfer to the metropolitan board of works any such powers or duties without the previous consent in writing of the said metropolitan board. XXIX. Under the provisions of the two hundred and eleventh and two hundred and twelfth sections of the 104 (Main Drainage Act), by which the intercepting works are described in the words of the 135th section of the 18th & 19th Vict. c. 120, viz. as works for preventing sewage from passing into the Thames "in or near to the metropolis," instead of "within the metropolis," according to the 1st section of the first-named Act. (a) The 71st section of the original Act, the 18th & 19th Vict. c. 120, vests the absolute power of trapping, &c., in vestries and district boards. (b) The 89th section of the original Act enabled the vestries against acts and district firstly recited Act, empowering the committee of appeal on appeals of the metropolitan board of works to hear and of vestries determine an appeal against any order or act of any boards. vestry or district board, the said committee may allow or dismiss the appeal, or quash or confirm or vary the order appealed against (c). Committee empowered provement works of sioners of proceedings XXX. In any case in which the metropolitan commissioners of sewers have incurred any expenses to make imauthorized by the Act of the eleventh and twelfth years rates, &c. for of Her Majesty, chapter one hundred and twelve, to be expenses of paid by an improvement rate, or as charges for default, private imit shall be lawful for the committee of appeal appointed provement executed by under and in pursuance of the two hundred and twelfth the commissection of the firstly recited Act, to levy improvement sewers, and rates or charges for default for the recovery of the whole take other of such expenses, or such portion thereof as shall still in relation thereto (d). remain due and unpaid, in the manner directed by the said Act of the eleventh and twelfth years of the reign of Her Majesty, chapter one hundred and twelve, and the said committee shall have all the rights and remedies for the recovery thereof which are vested in the said metropolitan board in that behalf; and if any person liable to the payment of any such improvement rate or charges for default fail to pay the same when due, or for the space of fourteen days after the same shall have been lawfully demanded, the said committee of appeal may and district boards to make the transfer without consulting the metropolitan board. (c) The section referred to only enabled the committee to hear and determine appeals, but gave them no power to vary an order appealed against-a course frequently rendered necessary by the requirements of the case. (d) The 182nd section preserves to the board all the rights and remedies of the metropolitan bill, the commissioners of sewers for the recovery of improvement rates, and charges for default, &c. This provision transfers those powers to the committee, a tribunal much more fitted for the investigation of minute details of this nature than the board. Part of sect. 58 of 18 & Communications between sewers in different parishes or and they are thereby empowered to summon the defaulter to appear before them to show cause why such improvement rate or charges for default so in arrear should not be paid; and in case the defaulter fail to appear according to the exigency of the summons, or if no sufficient cause for non-payment be shown, the said committee may by warrant under the seal of the board cause the amount of such improvement rate or charges for default so in arrear to be levied by distress of the goods and chattels of the defaulter. XXXI. So much of section fifty-eight of the said Act of the eighteenth and nineteenth of Victoria as provides that the acts of every committee shall be submitted to the general body of the board or vestry appointing such committee, for their approval, shall be repealed so far as relates to the metropolitan board; and be it enacted in lieu thereof, that the said metropolitan board shall be at liberty to give such instructions to any committee appointed by such board regulating the conduct of any business deputed to such committee, and such committee shall act in conformity therewith, and shall report to the board all acts done by them in conformity with such instructions (e). XXXII. Whereas it is in and by the firstly recited Act provided that the metropolitan board of works shall from time to time, in order to secure the efficient maintenance of the main and general sewerage of the metro (e) The language of this section is permissive, and it does not seem to render it compulsory on the board to give any such instructions. It is presumed, then, that when the board have not given instructions, the committee are not bound to report; and as their acts, within the scope of their authority would be final, it would also seem that where the board have given instructions, and the proceedings of the committee have been conformable to such instructions, the board have no power of approval or disapproval, but are merely to receive the report. |