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C. 98.

25 & 26 VICT. nature: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

Extension of

I. The twenty-fifth and twenty-seventh sections of the principal act sects. 25 & shall be construed and applied as if the word gunpowder therein mentioned 2 of princi- included loaded percussion caps, ammunition, fireworks, fulminating pal act to other explo- mercury, or any other preparation or composition of an explosive nature.

sive compo

sitions. Divisional magistrates

of police to

exercise licensing powers

within the

Dublin police district.

Short title

II. Whereas by an act for amending the principal act passed in the session holden in the twenty-fourth and twenty-fifth years of the reign of her present Majesty, chapter one hundred and thirty (a), it is provided that all powers of granting licences by the principal act given to justices of the peace at their general quarter sessions shall be transferred to and vested in the justices in petty sessions assembled: and whereas within the police district of Dublin metropolis the powers usually exercised by justices of the peace in petty sessions are exercised by any two or more divisional magistrates of police; and it is expedient to amend the said act of the twenty-fourth and twenty-fifth of Victoria, chapter one hundred and thirty, in manner hereinafter mentioned: be it enacted, that the powers of licensing vested in manner aforesaid in the justices in petty sessions assembled may, within the police district of Dublin metropolis, be exercised by any two or more divisional magistrates of police; and that it shall be lawful for the said divisional magistrates of police, or any two or more of them, with the sanction of the lord lieutenant of Ireland, to regulate the mode in which applications for licences under the said act are to be made, and to make a scale of fees to be charged in respect of such licences.

III. The principal act may be cited for all purposes as "The Gunof principal powder Act, 1860," and this act shall be construed as one with the principal act, and may be cited for all purposes as "The Gunpowder Act Amendment Act, 1862."

act and this act.

25 & 26 VICT. c. 102.

25 & 26 VICT. c. 102.

18 & 19 Vict. c. 120 (b).

19 & 20 Vict.

c. 112(c).

21 & 22 Vict. c. 14(d).

Debt in respect of Counters Creek

An Act to amend the Metropolis Local Management Acts.
[7th August, 1862.]

WHEREAS an act was passed in the session of parliament holden in the eighteenth and nineteenth years of the reign of her present Majesty Queen Victoria, intituled "An Act for the better Local Management of the Metropolis" and whereas the said act was amended by a certain other act passed in the session holden in the nineteenth and twentieth years of the reign of her present Majesty, chapter one hundred and twelve, and was further amended, and certain further and other provisions were made, by another act passed in the session holden in the twenty-first and twentysecond years of the reign of her present Majesty, chapter one hundred and four and whereas it is expedient further to amend the said first-mentioned act be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

I. Whereas the metropolitan commissioners of sewers, in exercise of the powers conferred upon them by the act of the eleventh and twelfth years of the reign of her present Majesty, chapter one hundred and twelve, did

(o) See 24 & 25 Vict. c. 130, p. 526.
(c) See 19 & 20 Vic c. 112, p. 441.

(b) See 18 & 19 Vict. c. 120, p. $48. (d) See 21 & 22 Vict. c. 104, p. 487

c. 102.

Ravens

bourne

of the main

cause to be prepared and did approve of certain plans for the main 25 & 26 VICT. drainage and sewage interception of the metropolis, and certain sewers and works included in and forming a portion of the plans so prepared and works and approved were constructed and completed by the said commissioners or by part of debt the metropolitan board of works; that is to say, the sewers and works in respect of known as the Counters Creek diversion works: and whereas the cost of the said works, amounting to the sum of forty-three thousand seven hundred works reand twenty-one pounds fifteen shillings, was defrayed by monies borrowed distributed on certain securities, which securities and monies are included amongst and and made payable out form part of the securities and monies enumerated in schedule A. to this of monies act, and the debt incurred in respect thereof was charged by the said borrowed on commissioners upon the following sewerage districts; viz., the Counters the security Creek, Ranelagh, and Fulham and Hammersmith districts, in certain shares drainage and proportions, and has been apportioned by the metropolitan board of rate. works, pursuant to the one hundred and eighty-first section of the firstlyrecited act, among the several parishes or parts of parishes which heretofore constituted the said districts, that is to say, Paddington, Chelsea, St. Mary Abbott's Kensington, St. Margaret and St. John the Evangelist Westminster, Hammersmith, Fulham, Willesden, St. Marylebone, St. George Hanover Square, St. John Hampstead, Acton, Ealing and Chiswick: and whereas it is just and expedient that the cost of and incidental to the construction and execution of the said sewers and works, amounting to the sum aforesaid, should be deemed to be part of the expenses of and incidental to the works which the said metropolitan board are by the said acts of the eighteenth and nineteenth Victoria, chapter one hundred and twenty, and the twenty-first and twenty-second Victoria, chapter one hundred and four, empowered and directed to construct and execute 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 river Thames within the metropolis: and whereas certain other works were executed by the said commissioners, known as the Ravensbourne works, and the costs of such works, amounting to the sum of twenty-six thousand five hundred and forty-five pounds sixteen shillings and fivepence, was defrayed out of mouies borrowed on certain securities, which securities and monies are included amongst and form part of the securities and monies enumerated in the said schedule A. to this act, and the debt incurred in respect thereof was charged by the said commissioners upon the following sewerage districts, viz., the Ravensbourne and Greenwich districts, in certain shares and proportions, and has been apportioned by the said metropolitan board of works, pursuant to the said firstly recited act, among the several parishes and places or parts of parishes and places which heretofore constituted the said districts; that is to say, St. Paul Deptford, Greenwich, Kidbrooke, Lewisham, Camberwell, Charlton, Eltham, and Lee: and whereas the last-mentioned works partly enure to the benefit of the metropolis at large, and it is just and expedient that a portion of the costs and charges thereof, amounting to the sum of ten thousand pounds, should be deemed to be part of the said expenses of and incidental to the works which the said metropolitan board are empowered and directed to construct and execute under the said acts of the eighteenth and nineteenth Victoria, chapter one hundred and twenty, and the twentyfirst and twenty-second Victoria, chapter one hundred and four be it therefore enacted, that the debts incurred in respect of the costs and charges of the said Counters Creek diversion works, amounting to the said sum of forty-three thousand seven hundred and twenty-one pounds fifteen shillings, and in respect of the said portion of the costs and charges of the said Ravensbourne works, amounting to the said sum of ten thousand pounds, making together the sum of fifty-three thousand seven hundred and twenty-one pounds fifteen shillings, shall cease to be the special debts and obligations of the said parishes and places and parts of parishes and

C. 162

25 & 25 VICT. places, and the same shall be deemed to have become, on the first day of January one thousand eight hundred and fifty-six, transferred to and charged upon and shall stand charged upon the metropolis at large, as defined by the said firstly recited act, including the said parishes and places and parts of parishes and places comprised within the limits thereof; and all sums becoming payable under or required for the payment of any security given for the monies so borrowed to the extent of the said sums of forty-three thousand seven hundred and twenty-one pounds fifteen shillings and ten thousand pounds, or of any interest due or to accrue thereon, shall be paid by the said metropolitan board of works out of any monies which they may have already borrowed and raised or may hereafter borrow and raise on the security of the assessments or rates made or to be made by them for the metropolis main drainage rate under the provisions of the said act of the twenty-first and twenty-second Victoria, chapter one hundred and four; and the said board shall take an account between the parishes, places, and parts aforesaid originally charged with the said debts and obligations and the metropolis at large to which the same are hereby transferred, and shall reimburse or give eredit to the said parishes, places, and parts for any sums which may have been overpaid by them or any of them on account of principal or interest in respect of the said sums of forty-three thousand seven hundred and twenty-one pounds fifteen shillings and ten thousand pounds respectively (if any), since the first day of January one thousand eight hundred and fifty-six, beyond the sums which would have been due from them or any of them if the transfer and apportionment hereby directed had been in force on the first day of January one thousand eight hundred and fifty-six, and the said board shall place any such excess to the eredit of such parishes, places, or parts, in reduction of their next or some future ordinary assessment upon such parishes or parts, for defraying their expenses in the execution of the firstly recited act.

Application of part of monies raised on

security of metropolis main drain

age rate to repayment of sums expended on Victoria

Street sewer since 1st Jan., 1856.

II. And whereas at certain times between the first day of January one thousand eight hundred and fifty-six and the passing of this act eertain works were executed by the said metropolitan board of works for the reparation and reconstruction of portions of one of the main sewers of the metropolis known as the Victoria Street sewer, and the expenses of and incidental to the execution of the said works were charged by the said board on certain parishes in the metropolis, which were heretofore included in the separate sewerage districts, known as the eastern division of the Westminster sewers, the western division of the Westminster sewers, and the Regent Street and Regent's Park district, in certain shares and proportions, and were paid by the said board partly out of their general funds and partly by monies raised in some of the said parishes: and whereas that portion of the said sewer in respect of which the said works of reconstruction and reparation were executed will be incorporated with and form part of the main drainage works now in course of execution by the said board, under the provisions of the said acts of the eighteenth and nineteenth Victoria, chapter one hundred and twenty, and the twenty-first and twenty-second Victoria, chapter one hundred and four, and will enure to the benefit of the metropolis at large, and the costs and charges of executing the same ought to be borne by the metropolis at large instead of by individual parishes: be it therefore enacted, that the expenses of and incidental to the execution of the said works of reparation and reconstruction so executed by the said board between the first day of January one thousand eight hundred and fifty-six and the passing of this act shall be deemed to be part of the expenses of and incidental to the main drainage works which the said board are empowered to construct and execute under the said acts of the eighteenth and nineteenth Victoria, chapter one hundred and twenty, and the twenty-first and twenty-second Victoria, chapter one hundred and four; and the said board shall, out of

C. 102.

the monies borrowed and raised or to be borrowed and raised by them for 25 & 26 VICT. the metropolis main drainage rate under the provisions of the said act of the twenty-first and twenty-second Victoria, chapter one hundred and four, replace the said monies taken from the general funds of the said board for the payment aforesaid, and reimburse the monies which the said parishes or any of them may have paid towards the said works of reparation and reconstruction between the first day of January one thousand eight hundred and fifty-six and the passing of this act; and the said monies so to be applied in reimbursing the said parishes shall be retained by the said board, and shall be carried to the credit of the said parishes, in reduction, so far as the same will extend, of the next or some future assessment upon such parishes by the said board for their expenses in the execution of the firstly recited act.

Mutual

III. And whereas the said metropolitan commissioners of sewers did, in Parishes, exercise of the powers vested in them by the said act of the eleventh and parts, and places on twelfth years of her Majesty, chapter one hundred and twelve, borrow and which debt take up at interest from a certain society known as the Clergy Mutual on loan from Assurance Society, on the security of certain rates authorised to be levied the Clergy under the last-mentioned act, the sum of one hundred and forty thousand Assurance pounds, and there was previous to the first of November one thousand eight Society hundred and sixty due and owing to the said society from the metropolitan stands board of works, as the successors of the said metropolitan commissioners of charged. sewers, in respect of the said loan, the sum of one hundred and five thousand pounds, and it is expedient accurately to ascertain and determine the several parishes, parts, and places on which the debt in respect of the said sum of one hundred and five thousand pounds shall stand charged, and on which monies or rates are to be raised or levied for the payment of the principal and interest in respect of the same, and to ascertain and determine the proportions charged upon each be it therefore enacted, that the said debt of one hundred and five thousand pounds shall be and stand charged upon and apportioned to the several parishes, parts, and places enumerated in schedule B. to this act, in the several proportions specified in such schedule, and the said several parishes, parts, and places shall be deemed to be and shall be liable to the payment of the sums set against their respective names therein, and to the payment of interest thereon, and the monies from time to time becoming payable under the said security, or required for or towards payment of the said debt or any part thereof, and the interest thereon, shall be raised by such board upon such parishes, parts, and places respectively in manner provided in respect to the expenses of such board in the execution of the firstly-recited act: provided always, that credit shall be given for any sums paid off in respect of the said loan previous to the passing of this act according to the several proportions specified in the said schedule.

:

reinedies of

IV. Provided, that nothing in this act contained shall prejudice, abridge, Saving diminish, or affect the priority secured by the firstly recited act to the rights and persons respectively entitled to the mortgages, annuities, securities, and persons debts referred to in the one hundred and eighty-first section of that act, holding and the first, second, and third sections of this act, or the right of any or securities. either of such persons to require and enforce payment of any principal or interest thereon, or in respect thereof, in, from, or out of all or any of the districts, assessments, rates, or monies liable to such payment under or by virtue of their respective mortgages or securities, but all the securities, rights, and remedies of such persons respectively shall remain as good, ample, and effectual, to all intents and purposes, as if this act had not been passed: provided also, that nothing herein contained shall prejudice or affect the power vested in the said metropolitan board under the firstly recited act to borrow monies for paying off former securities.

V. From and after the passing of this act the one hundred and seventieth Sums to be

c. 102

assessed by metropolifan board.

25 & 26 VICT. section of the firstly recited act (a) is hereby repealed; and in lieu thereof be it enacted, that the metropolitan board of works shall from time to time ascertain and assess upon the several parts of the metropolis the several sums which, having regard to the annual rateable value of the property in such parts respectively, ought to be charged thereon for defraying the expenses of the said board in the execution of the firstly and secondly recited acts and of this act, and any such sums may be assessed wholly or in part in respect of expenses incurred or to be incurred, and also in respect of any unpaid balance of any former precept of the said beard: provided always, that such repeal shall not in any respect affect any act, matter, or thing whatsoever done or commenced to be done under or by virtue of the said firstly and secondly recited acts, or any proceeding taken or to be taken under the thirdly recited act, or to affect or prejudice, except as berein specially provided, in any way the rights or liabilities of any district or part under the one hundred and eighty-first section of the firstly recited act, but the same shall be judged of in all respects as if this act had not been passed.

Basis of

VI. For the purpose of making any assessment under the preceding assessment. section the board shall estimate the annual value of property according to the estimate or basis on which any county rate in force in any part of the metropolis is made, or, where there is no such county rate, according to a like estimate or basis.

Mode of a

the metro

politan board of works.

VII. All such assessments to be made by the metropolitan board of sessment by works shall be assessed and charged by the said board upon the same basis and in the same manner as the county rate is assessed and charged by the justices under the statutes in force for assessing and charging county rates in England and Wales: provided always, that all precepts shall be issued and rates levied by the said board in manner directed by the several recited acts relating to the better local management of the metropolis and by this act, so far as relates to making precepts and levying rates.

ASBC88ments and

precepts of metropolitan board may be ac

VIII. The assessment of any monies to be assessed by the metropolitan board of works for the ex: enses of executing the firstly and secondly recited acts and this act, and the precepts for obtaining payment of monies required by the board for that purpose, may be according to the forms contained in schedule C. to this act, or to the like effect.

cording to forms in schedule C.

Any vestry or district

litan board

out of any money in

IX. The vestry of any parish mentioned in schedule A. to the firstly recited act, or the board of works for any district to whom any precept of board may the metropolitan board shall be directed, may, if they shall see fit, pay to pay precept of metropo- the person or body authorised by the said metropolitan board to receive the same the sum required by such precept, within such time as may be therein mentioned, out of any monies in their possession at the time of their receiving such precept, or which may come into their hands at any time within two calendar months next after the service thereof; and all payments so made by any vestry or district board shall be charged by them against and reimbursed to them out of the monies which the said vestry or district board shall and which they are hereby required to raise and collect by virtue of such precept.

their possession, and reimburse themselves

out of sewer

rate.

Vestries

in the

sewers rate precepts of metropolitan board.

X. Where, by any local act of parliament, the poor rate in any parish in may include schedules A. or B. (b) to the firstly recited act is made by the vestry of such parish at a fixed period or periods in every year, it shall be lawful for such vestry, at their discretion, to include in the sewers rate for their parish such sum or sums of money as they may consider necessary to meet any precepts received or to be received from the metropolitan board of works during the period for which such poor rate extends, to defray the expenses of the said board in the execution of the said first-recited act; and, at the time of making such poor rate, also to make a separate rate for the metro(b) rp. 407-8.

(a) See 18 & 19 Vict. c. 120, p. 386.

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