120. For ascertaining price to be paid for which case any charge may be made which the gas in case of dispute. commissioners deem reasonable.

125. Commissioners may license slaughterhouses, &c.

126. No new slaughter-houses in future to be erected without a license.

127. Existing slaughter-houses, &c., to be registered.

128. Commissioners may make bye-laws for regulation of slaughter-houses, &c.

129. Justice may suspend license of slaughter-houses, &c. in addition to penalty imposed. 130. Penalty for slaughtering cattle during suspension of license, &c.

139. Recovery of charges for the use of baths, &c.

140. Publication of bye-laws in regard to baths, &c.

141. Sale of baths, &c., on discontinuing them.

additional powers necessary.
142. Application to be made to parliament if

Clocks.

143. Power to commissioners to provide public clocks.

Execution of Works by Commissioners. 144. Commissioners empowered to enter upon lands for the purposes of this act. 145. Penalty on persons obstructing commissioners in their duty.

Execution of Works by Owners.

146. Where under this or the special act any notice is required to be given to the owner or occupier of any building or land, such notice the case may require, may be served on the addressed to the owner or occupier thereof, as occupier of such building or land, or left with

some inmate of his abode, or, if there be no 131. Officers may enter and inspect slaughter-part of such building or land; and it shall not occupier, may be put up on some conspicuous houses, &c.

Special Order.

he necessary in any such notice to name the occupier or the owner of such building or land: 132. Where by this or the special act the Provided always, that when the owner of any commissioners are empowered to do anything such building or land, and his residence, are by special order only, it shall not be lawful for known to the commissioners, it shall be the them to do such thing, unless the resolution to duty of the commissioners, if such owner be do the same have been agreed to by the com- residing within the limits of the special act, to missioners in some meeting whereof special cause every notice required to be given to the notice has been given, and has been confirmed owner to be served on such owner, or left with in a subsequent meeting held not sooner than some inmate of his abode; and if such owner four weeks after the preceding meeting, and be not resident within the limits of the special which subsequent meeting has been advertised act, they shall send every such notice by the once at least in each of the weeks intervening post, addressed to the residence of such owner. between the two meetings in some newspaper 147. Commissioners, in default of owner or circulating within the limits of the special act, occupier, may execute works and recover exand of which special notice in writing has been given to each of the commissioners.

133. Final resolution not to be carried into effect for one month, nor then if a majority of the rate-payers remonstrate against the same. 134. Commissioners may purchase slaughterhouses, &c.

135. And places for public recreation. 136. And public bathing places and drying grounds.

137. That the number of baths for the use of the working classes in any building provided by the commissioners shall not be less than twice the number of the other baths of any higher class.

138. The commissioners may from time to time make such reasonable charges for the use of such baths, bathing places, wash-houses, and drying grounds as they think fit, but as regards the working classes, not exceeding the charges, if any, mentioned in the special act, unless for the use of any washing tub or trough for more than two hours in any one day, in

penses.

148. Occupier, in default of owner, may execute works and deduct expenses from his rent.

149. If the owner of any buildings or lands made liable by this or the special act for the repayment to the commissioners of any expenses incurred by them do not, as soon as the same become due and payable from him, repay all such expenses to the commissioners, the commissioners may recover the same from such owner in the same manner as damages, or in an action of debt in any of the superior courts, or in any other court having jurisdiction.

150. Power to levy charges on occupier, who may deduct the same from his rent.

151. Occupier not to be liable for more than the amount of rent due.

152. Commissioners may allow time for repayment by owners of improvement expenses.

153. If the occupier of any buildings or lands within the limits of the special act prevent the owner thereof from carrying into

84

Towns Improvement Clauses Act.

effect in respect of such buildings or lands any above any other rates to which such persons

may be liable under this and the special act, after the yearly rate of 67. 10s. in the 1007. on the cost of such private improvements respectively, such special rates to be made payable during 30 years next after such expenses have

157. Where new sewers are made commissioners may make special sewer-rates. 158. Commissioners to make a general sewerrate distinct from other rates.

of the provisions of this or the special act, or
of any act incorporated therewith, after notice
of his intention so to do has been given by the
owner to such occupier, any justice, upon proof
thereof, may make an order in writing requir-
ing such occupier to permit the owner to exe-been incurred.
cute all such works with respect to such build-
ings or lands as may be necessary for carrying
into effect the provisions of this and the special
act, or of any act incorporated therewith; and
if after the expiration of ten days from the date
of such order such occupier continue to refuse
to permit such owner to execute such works,
such occupier shall for every day during which
he so continues to refuse be liable to a penalty
not exceeding 51.; and every such owner
during the continuance of such refusal shall be
discharged from any penalties to which he
might otherwise have become liable by reason
of his default in executing such works.

159. Commissioners may borrow money by mortgage of sewer-rates.

160. Sewer-rate to be of such amount as to pay off monies borrowed thereon in 30 years. 161. Where by this or the special act the commissioners are authorized to order that any rate shall be levied by assessments to be made for separate and distinct districts, the commissioners from time to time may order assessments to be made in respect of the rates authorized to be so levied upon separate and distinct districts, and in such case the commissioners shall cause their surveyor to describe and define in the plan of the town or district within the limits of the special act every such separate and distinct district for the purposes of rating as aforesaid and so from time to time as separate occasion shall require.

162. Rates to be levied on separate and distinct districts.

154. Nothing herein or in the special act contained shall extend to avoid any agreement in writing entered into before the passing of the special act for erecting or altering any building, but the same shall be performed with such alterations as may be rendered necessary by this or the special act, and as if such alterations had been stipulated for in such agreement; and the difference between the cost of the work according to the agreement and the cost of such work as executed according to the provisions of this 163. In all cases when the commissioners and the special act shall be ascertained by the have paid or become liable to the payment of parties to the respective agreements, and paid any expenses in constructing or laying any for or deducted as the case may require; and drain or pipe from any house or building, or in if the said parties do not agree upon the providing any privy, ashpit, or cesspool for the amount of such difference, the same shall, on use of the occupiers thereof, and when neither the request of either party, (notice being given the owner nor occupier of such house or buildto the other,) be decided by the surveyor to ing is willing to defray the said expenses forththe commissioners, and for his trouble in mak-with, the commissioners shall lay drainage ing such decisions each of the said parties shall rates on the occupiers of such houses and pay to the said surveyor such sum not exceed- buildings respectively, to be continued for six ing 17., and to be disposed of for such purposes of the special act, as the commissioners shall direct.

successive years and no longer; and the sum to be annually levied by every such drainage rate shall be one-fifth part of the whole expen155. Nothing herein or in the special act ses incurred in constructing, laying, or procontained shall affect any lease or agreement viding such drain, privy, ashpit, or cesspool as for a lease whereby any person may be bound aforesaid, and shall be applied in satisfaction to erect buildings upon any building ground thereof; and the amount of any such drainagewithin the limits of the special act, but the rate may be added to any other rate levied from buildings mentioned in such lease or agreement the occupiers of such houses and buildings, shall be built according to the conditions which and recovered therewith by the like ways and may be rendered necessary by this or the means.

special act, in the same manner as if this and 164. Every occupier of any such house or the special act had been passed and in opera-building at a rent not less than the rack rent tion at the time of making such lease or agreement, and the same had been made subject thereto, and that without either party being entitled to any compensation.

Rates.

who has paid any such drainage-rate shall be entitled to deduct three-fourths of the rate so paid by him from the rent payable by him to his landlord: every occupier at a rent less than the rack rent who has paid any such drainage rate shall be entitled to deduct from the rent 156. Where by this or the special act the payable by him to his landlord such proportion occupiers of any lands or buildings are made of three-fourths of the rate so paid by him as liable to the payment of any expenses which the rate payable by him bears to the rack rent. are directed to be recoverable as private im- 165. Landlords being also tenants, may de provement expenses, the commissioners may duct proportion of drainage-rate from their charge the occupiers of such lands and build-rent.

ings respectively with special rates, over and 166. Without the written consent of the

Towns Improvement Clauses Act.

200. The commissioners may from time to time make such bye-laws as they think fit for the several purposes for which they are hereinbefore or by the special act empowered to make bye-laws, and from time to time repeal, alter, or amend any such bye-laws, provided such bye-laws be not repugnant to the laws of that

173. Rates to be open to inspection of rate- part of the United Kingdom where the same payers, who may take copies, &c.

185. Persons aggrieved may appeal to petty sessions on the ground of incorrectness, &c., of valuation. Their decision to be final unless appealed from to quarter sessions.

186. Parties may appeal to the quarter sessions against a rate.

187. Quarter sessions to hear appeal, whose decision shall be final.

188. No order of special sessions to be in force pending appeal.

189. On appeal, the quarter sessions and petty sessions to have same power of amending and quashing rates, and of awarding costs, as in appeal against poor-rates.

190. Order of justices not to be removed by

86

Towns Improvement Clauses Act.-Costs of Actions for Small Debts..

or any act incorporated herewith, authorised the rule to plead, which, doubtless, may be disor required to be done by two justices, may and shall be done by any one magistrate having by law authority to act alone for any purpose with the powers of two or more justices. 213. Persons giving false evidence liable to penalties of perjury.

Access to Special Act.

pensed with in all cases,) by merely reducing the office fees on issuing the writ and the several other items, to 1s. each, besides the attorney's charges for the proceedings, (which, being now all printed, are filled up in a few minutes,) to about one-half; and although small as some of such charges would then be individually, it is, I believe, the only way in which the costs can be sufficiently reduced to be now tolerated without making serious

214. Copies of special act to be kept by commissioners at their office, and deposited with the clerks of the peace, &c., and be open to in-organic alterations, which, under all circumspection. 7 W. 4, & 1 Vict. c. 83.

215. Penalty on commissioners failing to keep or deposit such copies.

COSTS OF ACTIONS FOR SMALL
DEBTS.

stances, are not in any view desirable.

No. 1 shows that the costs of a judgment by default in debt, in a common case for goods sold and delivered, where all the parties live near each other, may be lowered to the small sum of 21. 10s. No. 2 shows that by the like reductions, and under similar circumstances, the costs of a trial would be only about 47. 10s.,

PROPOSED IMPROVEMENTS OF SUPERIOR and other matters in proportion. The costs of

AND INFERIOR COURTS.

To the Editor of the Legal Observer. SIR, I take leave to trouble you with the following suggestions, as to improving and placing the law relative to the recovery of small debts, upon a much more convenient and satisfactory footing than it is at present.

I have always cordially coincided with your opinion, that no inferior courts ought to have been created until the remedies afforded by the superior tribunals were exhausted; and that the best plan of improvement is that which does the least violence to the established order of things. Had this principle been adhered to, the enormous expense caused to the country by the new courts, would have been saved. However, as they have now so thickly sprung up, I seek not to destroy them-my plan will tend

rather to establish them.

One of the several objections to the county courts is want of an easy and ready mode of appeal; another, the trouble and loss of time they occasion to the suitors themselves.

Now, my proposition is simply this :

1st, Reduce the costs of small actions in the superior courts to the lowest possible penny; (as I have already several times suggested, vide L. O. vol. 23, No. 711, and vol. 31, No. 914, Sept. 1845), and

2ndly, Restore the general jurisdiction of the superior courts down to their late limit, so that persons who wish to resort to a superior court, (wherein nearly 90 per cent. of such actions are usually settled, without a trial or trouble to the parties), may have the option of doing so, which would be far more agreeable to the habits and feelings, and create more respect for the new courts in the minds of the people of this free country, than any compulsory act of parliament can ever command.

I inclose copies of two bills of costs, marked respectively Nos. 1 and 2, which I have drawn out as evidence or examples, of the great reduction that may still be made in the costs of small actions in the superior courts, without at all disturbing the machinery thereof, (except

a writ (upon which a large number of such actions are usually settled) would be about one guinea.

The deficiency, if any should be thus caused to the County Courts, might be supplied by directing the writs of trial, and possibly of inquiry also, to the judges thereof, and tried with or without a jury, and perhaps writs of trial in actions for larger sums in simple cases might be safely disposed of by the same persons.

Although cheap law is probably, like other cheap articles, a commodity of questionable value, still I fear it is now one of the chief conditions upon which the legislative sanction can be obtained to the judges making such modifications, which are much less alterative than those proposed by the two acts introduced by the present Attorney-General and Mr. Watson, for a similar purpose, in May, 1843, (vide L. O. vol. 24, No. 782,) one of which acts contained, in my humble opinion, many excellent improvements.

În conclusion, I submit that uniformity in the administration of the law is of paramount importance, and this can only be properly per served in the inferior courts, by the restoration of the concurrent jurisdiction of the superior tribunals, and which therefore ought to be purchased on almost any reasonable terms, even at the price of fixing a graduated scale of costs, if that be practicable. VINDEX.

BILL OF COSTs, No. 1.
Instructions to proceed
Writ of summons
Copy and service
Searching for appearance
Affidavit of service of the writ and

costs

£ s. d.

40000

3 4

7 6

3 0

0:3 4

040

0 34

020

008

030

010

Costs of Actions for Small Debts.-American Law Reform.-Landlord and Tenant.

2 10

Thus leaving at least two guineas profit.

0 1

0 1

0 3

4 18
1 1
3 17 0

THE following is an abstract of the Report of the Commissioners on Practice and Pleading, made to the Legislature of the State of New York, and dated 25th Sept. 1847.

“The result of our progress thus far, is a determination as soon as practicable, to recom

These two items may be dispensed with, unless where really necessary for some ulterior