not exceeding 57. for refusal (s. 111). Mortgages may be transferred, such transfer to be registered (s. 112). A Receiver may be appointed when the sum secured be not less than 10007. (s. 114). Such Receiver may also be appointed in case of failure to elect a Local Board, or lapse from any cause, and he may make, as well as receive, rates, &c. (21 & 22 Vict. c. 98, s. 10), which power shall cease on the election of a new Board for such District, to whom shall attach all the liabilities of such lapsed Board (s. 11). All the provisions of the Local Government Act, Nuisances Removal Acts, and other general Acts, are extended to Local Boards of Health, constituted under local Acts, except such as are opposed to such local Act (24 & 25 Vict. c. 61, s. 29). Every Local Board must make an annual report of their proceedings to the Secretary of State as he shall direct, and publish the same in the newspaper (21 & 22 Vict. c. 98, s. 76).

NUISANCES REMOVAL COMMITTEES, ETC.

Rates.-All expenses incurred in the execution of the Nuisances Acts are to be defrayed out of the General District Rates, the Borough Fund, the Improvement Rates, or the PoorRates, as the case may be, in manner prescribed (23 & 24 Vict. c. 77, ss. 4, 5). All such expenses under the Diseases Prevention Act are to be defrayed out of the Poor-Rates, except such as are previously incurred, and unless any other body. than the Guardians, &c., be authorised to act (s. 11).

The Local Authority [see "Constitution of Local Authorities"], in case of nuisance existing, or likely to recur, is to summon the owner or occupier before two Justices, who may make an order for the abatement thereof, &c. (18 & 19 Vict. c. 121, s. 12). They may direct any proceeding within the purview of the Acts, or for penalties, the expenses to be paid out of the rates (s. 30). Mode of proceedings prescribed (ss. 31 to 42). Not to affect proceedings under any other Authority for abating nuisances, who have all powers conferred on the Local Authority under this Act (s. 43).

METROPOLIS MANAGEMENT BOARDS.

All proceedings of the Metropolitan Board of Works, and of the District Boards [see "Constitution of Local Authorities”] must be entered in books; and books of accounts are also to be kept (18 & 19 Vict. c. 120, s. 60), open to inspection by the ratepayers and others: penalty for refusal not exceeding 107. (s. 61). They may appoint all necessary officers (s. 62), who are not to be interested in any contracts with the Boards (s. 64). Those who are entrusted with money must give security (s. 65). The Metropolitan Board of Works may direct one set of officers to be appointed for more than one Parish or District (s. 139). The Boards may enter into contracts (s. 149) (a), and purchase lands, &c. (ss. 150 to 155; and 21 & 22 Vict. c. 104, s. 3). They may levy rates for sewerage and other expenses (18 & 19 Vict. c. 120, s. 158), to be collected as the poor-rate, and distinguished as sewer, lighting, and general rate, in manner prescribed (b) (ss. 160 to 169; 19 & 20 Vict. c. 112, ss. 4 to

(a) The decision of the Board, acting bona fide, as to the proper supply of materials by a Contractor, will not be reviewed by the Court (Austin v. Lambeth Vestry, 22 Jur. 274; Ib. 1032; 27 L. J. Ch. 388, 392).

The Metropolitan Board of Works have no power to erect works on the bed of the River Thames without the consent of the Admiralty, under s. 27 of 21 & 22 Vict. c. 104. Where the Board, without such consent, had obstructed the navigation by driving piles, and a vessel grounding on such piles was injured: it was held, that the Board were liable to be sued by the owner of the vessel, there having been no negligence on his part (Brownlow v. The Metropolitan Board, 4 New Reports, 173, confirming judgment of the Common Pleas; see 13 C. B. N. S. 768).

(b) Where expenses, incurred under s. 159 of 18 & 19 Vict. c. 120, are not for the equal benefit of the whole parish, a part may be exempted by the Vestry from the rate: held, that Docks, in respect of the area covered by water, ought to be exempted from a paving rate (Howell v. London Dock Co., 8 E. & B. 212; 27 L. J. M. C. 177.)

Property not drained by sewerage works is not liable to be assessed in respect of such works; but if it be so drained and lie within the district benefited, it is not entitled to claim a reduction, under s. 164 of the Metropolis Management Act, because the benefit derived is small. Cockburn, C.J.: "The use to which land is applied may be constantly changing, but as soon as it is made out that it is drained by the sewerage works the exemption is

8; 21 & 22 Vict. c. 104, ss. 10 to 14). The Metropolitan Board may make rates in default of District Boards (21 & 22 Vict. c. 104, s. 15). The Metropolitan Board is to assess the proportion of expenses to be borne by each District for their expenses, which must be paid by the District Boards, &c., in manner prescribed (a) (Ib. ss. 16 to 22; and 18 & 19 Vict. c. 120, ss. 170 to 179). Money may be borrowed on security of the rates (ss. 183 to 191; 21 & 22 Vict. c. 104, ss. 4 to 8; 25 & 26 Vict. c. 102, s. 100; 26 & 27 Vict. c. 68, s. 2). Accounts to be duly audited (ss. 192 to 197; and 25 & 26 Vict. c. 102, s. 114). District Boards are to report annually to the Metropolitan Board (18 & 19 Vict. c. 120, s. 198), who must report to the Secretary of State (s. 200), which report is to be laid before Parliament (s. 201). The several Boards may make Bye-laws for all necessary purposes (ss. 202, 203). Penalties for obstructing officers, &c. (ss. 208, 209). Persons aggrieved by any orders of District Boards, in relation to works, may appeal to the Metropolitan Board (ss. 211, 212; and 25 & 26 Vict. c. 102, ss. 29 and 57). Repayment of expenses by private parties may be spread over twenty years (Ib. s. 30; and 18 & 19 Vict. c. 120, s. 216). Expenses may be recovered from the owner or the occupier, to be deducted

gone. When once the fact of rateability is established, it is not a question of degree depending on the use to which the premises are from time to time applied, but the only principle on which the amount depends is that which the Legislature has provided, namely, the value of the property assessable to the poor-rates." (R. v. Head, 1 New Reports, 313.)

(a) Where, under a Local Act, churchwardens were required to convene a Vestry at which they or any nine of them were required to make a composition rate; and under the Metropolis Management Act all the duties, powers, &c., which might have been performed by the Vestry were vested in the new body: it was held, that the power of making the composition rate under the Local Act was transferred to the new Vestry (R. v. Stutfield, 2 New Reports, 180); and where, under the 181st sect. of the Metropolis Management Act, the Metropolitan Board had issued their precept to the overseers of an outlying district to make a rate, which they refused, whereupon the Board appointed a person to make a rate, and in default of payment applied to the Justices to issue a distress warrant, which they declined to do, a mandamus was granted to compel them (Metropolitan Board v. Glossop, 1 New Reports, 372).

from the rent, unless otherwise agreed (25 & 26 Vict. c. 102, ss. 96, 97). As to notices and legal proceedings (a) (18 & 19 Vict. c. 120, ss. 220 to 234; 19 & 20 Vict. c. 112, s. 9; 25 & 26 Vict. c. 102, ss. 65 and 102 to 107). Churchrates, &c., are not to be affected by these Acts, but to be made by Churchwardens as heretofore (Ib. ss. 1 to 3). Further provisions assessment and re

in respect to the payment of loans, and covery of rates, &c., are contained in the Metropolis Management Amendment Act (25 & 26 Vict. c. 102, ss. 1 to 19). Public Works Loan Commissioners may lend money (b) (s. 20). Resolutions of the Board authorising expenditure of 20,000l. or upwards must be confirmed (s. 23). The Vestry or Board may determine the powers of any inspectors of weights and measures under any local Act (s. 101).

BATHS AND WASHHOUSES ACTS.

[See "Baths and Washhouses."]

RECREATION GROUNDS AND PUBLIC IMPROVEMENTS ACTS.

[See "Public Pleasure-Grounds."]

COMMON LODGING-HOUSES,

LABOURING CLASSES LODGING HOUSES, AND
LABOURERS' DWELLINGS ACTS.

[See "Common Lodging-Houses."]

THE BURIAL ACTS.

[See "Burial-Grounds."]

(a) Contractors under authority of the Metropolitan Commissioners of Sewers by negligence injured premises in executing the statute: Held, that they were exempted from all liability (Ward v. Lee, 7 E. & B. 426); but where injury is done to premises in carrying out works authorised by statute, which, by proper care and skill might have been avoided, it was held, that an action would lie, and s. 225 of the Metropolis Management Act will not preclude such action (Clothier v. Webster, 31 L. J. C. P. 316).

(b) See note, p. 126.

SURVEYOR.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

For the performance of their duties in carrying out works of Sanitary Improvement in Districts to which the Public Health and Local Government Acts are applied, the Local Board of Health are empowered to appoint a Surveyor, who may also be the Inspector of Nuisances; and to make Bye-laws for the regulation of his duties, &c. (a) (11 & 12 Vict. c. 63, s. 37). He must not be interested in any bargain or contract made with such Board, or accept any fee or reward other than his salary, under penalty of 50l. (s. 38). If entrusted with money he is to give security, and duly account to the Treasurer (s. 39). The Surveyor's report that such works are necessary is required to enable the Local Board to carry any sewers through any land not being a public way (s. 45). The Surveyor must report to the Board as to the proper construction of house-drainage, or as to the want of drainage to any house (s. 49). Also as to the want of a proper watercloset or privy, and an ash-pit with doors and coverings, &c. (s. 51). He may, on the Board's authority, enter any premises, and, if necessary, open the ground to ex amine any offensive drain, or other cause of nuisance (s. 54). He is also to approve the manner in which the window of any cellar dwelling is made to open (s. 67). The Surveyor is to settle the proportion of the expenses of sewering, paving, &c., of streets, to be borne by the owners, according to the frontage of their premises (s. 69); and he must prepare plans and sections of such works in manner prescribed (24 & 25 Vict. c. 61, s. 16). He may perform all ministerial acts required to be done by the Local Board as Surveyor of Highways (21 & 22 Vict. c. 98, s. 37). The Surveyor must certify as to the effectual substitution of any sewers, &c., by any navigation

(a) See instructions and suggestions as to the duties of Surveyor, pp. 633-652.