METROPOLIS MANAGEMENT ACTS.

All District Sewers, &c., in the Metropolis are vested in the Vestries or District Boards of Works (18 & 19 Vict. c. 120, s. 68), who are to maintain and repair the same, and execute any necessary works for the effectual drainage of their District, subject to the approval of the Metropolitan Board of Works (s. 69); save that the powers of the City Commissioners of Sewers remain (a), subject only to the powers of the Metropolitan Board (s. 242). And such works may be carried out beyond the Metropolis in certain cases (25 & 26 Vict. c. 102, s. 58), and the expenses divided with parties liable to repair in such cases (18 & 19 Vict. c. 120, s. 70). Proper traps for preventing the escape of effluvia are to be provided (s. 71; and 25 & 26 Vict. c. 102, s. 27). Owners and occupiers of lands may construct sewers, with approval and

(a) By the City Sewers Act, 11 & 12 Vict. c. clxiii. (amended by 14 & 15 Vict. c. xci, both local), repealing many previous statutes (s. 1), and incorporating the Lands Clauses Act, 1845, with certain exceptions (ss. 2, 3), it is enacted that the mayor, aldermen, &c., shall have the sole control over the sewers, &c., and shall appoint Commissioners for the purpose (ss. 5 to 9). Regulation of proceedings (ss. 10 to 24). Appointment and regulation of officers (ss. 25 to 32). Powers as to contracts (ss. 33 to 42). Accounts, inspection, and audit (ss. 43 to 48). Maps and surveys (ss. 49 to 51). All sewers are vested in the Commissioners (s. 52), who may construct main and other sewers, drains, &c., and other necessary works (s. 53); or alter the same (s. 54). Water Companies to supply water for flushing sewers, watering streets, &c. (s. 55). Powers for construction of private drains at the expense of the owners, and compelling the same to be provided, both for existing houses and new buildings (ss. 57 to 67, and 75). Gully-holes to be trapped (s. 68). Penalty for sweeping dirt into sewers (s. 69, and 14 & 15 Vict. e. xci, ss. 3, 4). Drains, privies, and cesspools to be under control and inspection of Commissioners' surveyor (ss. 70, 71). Penalty for constructing drains contrary to order of Commissioners (s. 72). Power of Commissioners of Sewers outside the City, to make communications into the City sewers, on remuneration, to be settled, in case of dispute, by the Board of Trade (ss. 73, 74). Penalty for allowing gas-washings, &c., to flow into any sewer, &c. (s. 76). Powers of rating for the purposes of the Act (ss. 168 to 206, and 14 & 15 Vict. c. xci. ss. 42 to 44, and 53 to 57). Borrowing powers, mortgages, &c. (ss. 207 to 229). Recovery of debts, damages, and penalties, and proceedings (ss. 230 to 260).

in manner prescribed (ib. ss. 44 to 51). As to expenses of sewers in new streets, and where none previously existed (ib. ss. 52 to 57). Temporary drains and cesspools may be required where no sewer exists within 200 feet (ib. s. 66). Penalties for encroaching upon, or obstructing any sewer, not exceeding 201., and 57. a day during continuance (s. 68); like penalty for interfering with sewers (s. 69). All sewers to be kept clear (18 & 19 Vict. c. 120, s. 72). The Board may, in certain cases, order contributions to be made towards the cost of sewers constructed before the passing of the Act (s. 80; and 25 & 26 Vict. c. 102, s. 59). When time is given, a register to be kept (ib. s. 60). Any District Board may transfer their powers and duties in relation to sewerage, &c., to the Metropolitan Board of Works, with their consent (ib. s. 28; and 18 & 19 Vict. c. 120, s. 89). All main sewers are to vest in such Metropolitan Board, who have full powers to construct new sewers (a) (s. 135); and they may declare sewers of District Boards main sewers (s. 137), and make orders for the guidance of such District Boards in the construction of sewers, &c. (s. 138); and may make Bye-Laws for the purpose (25 & 26 Vict. c. 102, s. 83). The Metropolitan Board are to do all works for preventing sewage from passing into the Thames (21 & 22 Vict. c. 104, ss. 1 and 2, and may deodorize such sewage (ss. 3 and 23); such new sewers to be complete by the 31st December, 1866 (26 & 27 Vict. c. 68, s. 6). Works in the Thames to be approved by the Lord High Admiral and the Conservators of the river (21 & 22 Vict. c. 104, ss. 27 to 29); or in the Lea by the trustees in certain cases (s. 30). The Treasury may appoint Engineers to inspect and report on the works of the Board (s. 9).

(a) The Metropolitan Board of Works are not authorised to create a nuisance in the execution of works directed by the 135th sect. of the Metropolis Management Act, nor does the 31st sect. of the 21 & 22 Vict. c. 104, take away the power of any person to prosecute the Board for a nuisance so created by them, but only gives an easier remedy to persons unwilling to prosecute at their own expense (Att.-Gen. v. Metropolitan Board, 2 New Reports, 312).

HOUSE DRAINAGE.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

In order to secure the proper Drainage of Houses, it is enacted that within the District of any Local Board of Health no house shall be built, nor any house which may have been pulled down to the ground floor shall be rebuilt, nor any such new house occupied, until a covered drain be constructed, of such size, materials, level, and fall, as the Surveyor shall report sufficient; and if the sea, or a sewer of the Board, or one they are entitled to use, be within 100 feet of such house, the drain shall communicate therewith as they shall direct; or if there be no such means, such drain shall run into such covered cesspool, not within such distance from any house, as they shall direct. Penalty for violation 50%., recoverable with costs by action of debt. And if any house be without such proper drain, and the sea, or such a sewer be within 100 feet thereof, the Board shall cause notice to be given to the owner or occupier, requiring him within a specified time to lay down one or more drains of such materials, size, level, and fall, as by their Surveyor's report shall appear necessary; and if such notice be not complied with, the Board may do the works at the expense of the owner, recoverable in a summary manner, or as Private Improvement Expenses (11 & 12 Vict. c. 63, s. 49). No house. shall be built or rebuilt without a sufficient watercloset or privy, and an ashpit with proper doors and coverings, under a penalty of 207.; and if any house within the District is without such sufficient appliances, the Board may, in like manner as in the case of a drain, require the same to be furnished, or in default execute the works at the owner's expense: Provided, that where one watercloset, &c., is used by the inmates of two or more houses, or may be so used in the opinion of the

Board, they need not require the same to be provided for each house (s. 51).

In Factories, waterclosets or privies for persons of each sex may be required, under penalty not exceeding 201., and not exceeding 21. for every day during default (s. 52). The Board shall see that all drains, waterclosets, &c., cesspools, and ashpits, are kept so as not to be a nuisance or injurious to health: and may authorise their Surveyor, upon the written application of any person stating the contrary to be the fact, and after twenty-four hours' notice, or on emergency without notice, to enter the premises and lay open the ground, &c.; and if the same be found in bad condition, or require amendment, the Board may cause notice to be given to the owner or occupier requiring him within a specified time to do the works necessary, under penalty not exceeding 10s. per day during default; and the Board may execute the works at the owner's expense, recoverable in a summary manner, or as Private Improvement Expenses (a) (s. 54; and 21 & 22 Vict. c. 98, s. 33). The Board may make Bye-Laws (b) with respect to the sewerage of new streets and the drainage of buildings, waterclosets, privies, ashpits, and cesspools in connection with buildings, with such provisions as to giving notices, or for the execution of works, as they think necessary, &c. (21 & 22 Vict. c. 98, s. 34).

The Board may give notice, requiring the owner or occupier of any house to whitewash, cleanse, or purify the same, in case it appears on the certificate of their Medical Officer, or any two Medical Practitioners, that such house is in such a filthy, or unwholesome condition that the health of any person is affected thereby, or that such purification would prevent or

(a) Where a Local Board had ordered certain works to be executed under s. 54 of the Public Health Act, the whole of which were not considered necessary, and therefore the part thought unnecessary had not been executed, whereupon the Justices refused to convict;-it was held, that the discretion as to the nature and extent of the works required to be done is vested in the Local Board rather than in the Justices, and, therefore, that the Justices were wrong in assuming jurisdiction to review the determination of the Board (Hargreaves v. Taylor, 1 New Reports, 472). See note, p. 42.

(b) See suggested forms for Bye-Laws, p. 614.

check infectious disease; and if such person fail to comply within the time specified, he is liable to a penalty not exceeding 10s. a day during default, and the Board may execute the work at his expense, recoverable in a summary manner (11 & 12 Vict. c. 63, s. 60). The Board may allow time for repayment of any expenses incurred on account of any premises for which the owner is liable, or take the same by annual instalments, not being less than one-thirtieth part (ib. s. 146).

METROPOLIS MANAGEMENT ACTS.

The Vestries and District Boards of Works in the Metropolis may require the owner of any house not properly drained, to communicate with the sewer, and in his default the Board may execute the necessary works at the expense of such owner (18 & 19 Vict. c. 120, s. 73), who shall also be liable (at the option of the Board) to a penalty not exceeding 57. for neglect, and 40s. a day during continuance of such default (25 & 26 Vict. c. 102, s. 64). Blocks of houses may be drained together (18 & 19 Vict. c. 120, s. 74). No house shall be built without proper drains (s. 75). Before commencing any new drains, &c., seven days' notice must be given to the Board, by whom any works not properly constructed may be destroyed or altered (s. 76), under penalty not exceeding 5l., and 40s. a day during neglect (25 & 26 Vict. c. 102, s. 88); the decision of the Board thereon to be notified within fifteen days after receipt by them of such notice (ib. s. 63). No person is to make or open any drain or sewer without consent and approval of the Board, under penalty not exceeding 50%., and any drain so constructed may be cut off and re-made by the Board, at the expense of the owner (s. 61). The Board may connect any drain with the sewer at the owner's expense (18 & 19 Vict. c. 120, s. 78), and agree to make house drains (s. 79). No house shall be built or rebuilt without a proper watercloset or privy, and ashpit (a), with suitable water and apparatus,

(a) By the City Sewers Act, ss. 99 to 103 (see note, p. 37), and 14 & 15