25 & 26 VICT. or other property, or to affect any contract whatsoever between landlord c. 102. Deduction by owner paying rent where amount of expenses deducted from rent paid to him. Roads, &c., laid out as of full width for carriage traffic, and twenty feet for foot traffic. and tenant. XCVII. If the owner or landlord of any premises from whose rent any amount shall be deducted in respect of any costs, charges, or expenses pay. able under the firstly-recited act or this act shall hold the premises in respect of which the amount of such costs, charges, or expenses shall be paid at a rent not less than the rackrent, he shall be entitled to deduct the whole amount paid by him on account of such costs, charges, or expenses from the rent payable by him to his superior landlord; and if he holds at a rent less than the rack rent, he shall be entitled to deduct from the rent so payable by him a sum bearing the same proportion to the amount so paid by him on account of such costs, charges, or expenses as his rent shall bear to the rackrent; and if the owner or landlord from whose rent any deduction be made under the provision last aforesaid be himself liable to the payment of rent for the premises in respect of which the deduction shall be made, and hold such premises for a term of which less than twenty-one years shall be unexpired, but not otherwise, he may deduct from the rent so payable by him a sum bearing the same proportion to the sum deducted from the rent payable to him as the rent payable by him shall bear to the rent payable to him, and so on in succession with respect to every landlord of the same premises both receiving and liable to pay rent in respect thereof, and holding the same for a term of which less than twenty-one years shall be unexpired as aforesaid: provided always, that nothing herein contained shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him: provided also, that nothing herein contained shall be taken to affect any contract made or to be made between any owner or occupier of any house, building, or other property whereof it is or may be agreed that the occupier shall pay and discharge all rates, dues, and sums of money payable in respect of such house, building, or other property, or to affect any contract whatsoever between landlord and tenant. XCVIII. No existing road, passage, or way being of a less width than forty feet shall be hereafter formed or laid out for building as a street for streets to be the purposes of carriage traffic, unless such road, passage, or way be of forty feet widened to the full width of forty feet, the measurement of the width of such street to be taken half on either side from the centre or crown of the roadway to the external wall or front of the houses or buildings erected or intended to be erected on each side thereof; but where forecourts or other spaces are intended to be left in front of the houses or buildings, then the width shall be measured up to the fence or boundary dividing or intended to divide such forecourts or spaces from the public way, or for the purposes of foot traffic only, unless such road, passage, or way be widened to the full width of twenty feet, measured as aforesaid, or unless such streets respectively shall be open at both ends, from the ground upwards and any road, passage, or way hereafter to be formed or laid out for either of the purposes aforesaid shall be deemed to be a new street, and become subject to all the provisions of the recited acts and this act, and to the provisions and penalties of and under any byelaws made or to be made in pursuance thereof in relation to sewerage, drainage, or paving, and to width, construction, surface, inclination, and other requirements and particulars. Metropolitan board XCIX. Provided that it shall be lawful for the metropolitan board of may permit works to permit the formation of any such street of less width than hereinformation of before provided, or with one opening only, should they under any special less width, circumstances deem it equitable and expedient so to do. streets of &c. Power to C. It shall be lawful for every vestry and district board mentioned in clause one hundred and eighty-three of the first-recited act (a) to exercise vestries, &c., the power to borrow monies therein mentioned, with the sanction of the to borrow (a) See 18 & 19 Vict. c. 120, p. 390. metropolitan board of works granted under their common seal, for the pur- 25 & 26 VICT. pose of enabling such vestry or district board to make, extend, widen, alter, c. 102. or improve any street, road, or way, for facilitating the passage and traffic monies for within the parish or district for which such vestry or district board the improveappointed, or for the purpose of contributing to and of joining with the ment of metropolitan board or with any other board or persons in any such improvement. streets. ment of and mea sures exist CI. If any vestry, commissioners, or other body in whom any duties or Any vestry powers in relation to the appointment of inspectors or examiners of weights or district board may and measures are now vested under any local act, charter, or otherwise, put an end desire that such duties or powers should cease, and that inspectors of to any weights and measures appointed or to be appointed at general or quarter powers of sessions, pursuant to the provisions of the act of the session holden in the appointfifth and sixth years of king William the fourth, chapter sixty-three, and inspectors of any act amending the same, should act in and for the parts to which of weights such local act extends, so far as regards their parish or district, and a resolution to that effect be passed by a majority, at a meeting of the vestry or ing under board specially convened for the purpose of considering the question of de- any local termining such duties or powers, of which not less than fourteen days' act in their notice shall have been given, notice of such resolution shall be given by the Parish or clerk of such vestry or board to the clerk of the peace for the county in which their parish or district is situate; and such notice shall be laid by such clerk of the peace before the next court of general or quarter sessions of the peace for such county; and from and after the receipt of such reso lution by such justices the appointment, and all powers of appointment, of any inspector or examiner appointed under any such local act shall cease so far as regards such parish or district, but not so as to affect any pending proceedings for penalties or otherwise and all the provisions of the said act of the session holden in the fifth and sixth years of king William the fourth, chapter sixty-three, and of any act amending the same, shall apply to such parish or district as if such local act were not in force therein. district. recovered CII. Every penalty or forfeiture imposed by this act, and made recover- Penalties able by a summary proceeding, may be recovered before any justice of the may be peace in manner provided by the act of the session holden in the eleventh in manner and twelfth years of her Majesty, chapter forty-three (a). provided by 11 & 12 Vict. c. 43. CIII. The expenses incurred by the metropolitan board of works in Expenses of applying for and passing this act, and preparatory or incident thereto, shall obtaining be and are hereby included among the general expenses of the said board in this act to the execution of the firstly-recited act, and may be defrayed accordingly; among and the expenses incurred by any vestry or district board in relation to this general act shall be and are hereby included among the other expenses incurred by expenses of that vestry or district board in the execution of the firstly-recited act, and executing may be defrayed accordingly. be included acts. under 227th CIV. The provision in the two hundred and twenty-seventh section of Provision as the firstly-recited act (b) for the recovery of penalties and forfeitures im- to penalties posed by the said act is hereby extended to any damages, costs, or expenses section of payable or recoverable under the said recited acts or this act; and any such 18 & 19 Viet. damages, costs, or expenses, the recovery whereof is not otherwise provided c. 120, exfor, may be recovered by summary proceedings in manner directed by the tended to damages, said section. &c. CV. The two hundred and thirty-fourth section of the firstly-recited Application act (c) is hereby repealed; and in lieu thereof be it enacted, that all of penalties. penalties or forfeitures payable or recoverable under the firstly recited act or this act, and all penalties or forfeitures recovered by any vestry or district board acting as the local authority for the execution within their respective parish or district of "The Nuisances Removal Act, for England, 1855" (d), shall go and be paid in manner hereinafter mentioned, anything (b) Sce 18 & 19 Vict. c. 120, p. 401. (c) Ibid. p. 402. (d) See this act, p. 419. (a) See note, p. 55. C. 192. 25 & 26 VICT. contained in an act made and passed in the session holden in the second and third years of the reign of her present Majesty, chapter seventy-one, or in any other act or acts to the contrary notwithstanding; that is to say, one half shall go to the informer, and the remainder shall go to the vestry or district, board of the parish or district in which the offence was committed, or to the metropolitan board of works, in case the injury shall have been sustained by or the offence committed in respect of that board; or if such vestry or district board or the metropolitan board of works be the informers, then the whole of the penalty recovered shall go to them respectively, and all sums which shall go to or be recovered by any board or vestry on account of any penalty or forfeiture shall be paid to their treasurer, or into such bank to their account as they may direct, and shall be applicable towards the general expenses of such board or vestry; provided that in every case where any board or vestry are liable to any penalty or forfeiture, the whole of such penalty or forfeiture shall go to the informer. Notice of CVI. No writ or process shall be sued out against or served upon, and no action, &c. proceeding shall be instituted against the metropolitan board of works, or any vestry or district bard, or their clerk, or any clerks, surveyor, contractor, officer, or person whomsoever, acting under their or any of their directions, for anything done or intended to be done under the powers of such board or vestry under the said acts or this act, until the expiration of one calendar month next after notice in writing shall have been served upon such board or vestry, or where the action or proceeding shall be against such officer or other person acting under their or any of their directions shall have been delivered to him or left at his office or place of abode, stating the cause of action or grounds of the proceeding or demand, and the name and place of abode of the intended plaintiff or claimant and of his attorney or agent in the cause or proceeding; and upon the trial of any action the plaintiff shall not be permitted to go into evidence of any cause of action except such as is stated in the notice so served or delivered, and unless such Limitation. notice be proved the jury shall find for the defendant; and every such action and proceeding shall be brought or commenced within six months next after the accrual of the cause of action or ground of claim or demand, and not afterwards, and every such action shall be laid and tried in the county or place where the cause of action accrued, and not elsewhere; and the defendant shall in any such action be at liberty to plead the general issue, and give the said recited acts and this act and all special matter in evidence thereunder; and it shall be lawful for the board or vestry, or any person to whom such notice is given as aforesaid, to tender amends to the plaintiff, his attorney or agent, at any time within one calendar month after service of such notice, and in case the same be not accepted to plead such tender in bar, and (by leave of the court) with the general issue or other plea or pleas; and if upon issue joined upon any plea pleaded to the whole action the jury find generally for the defendant, or if the plaintiff be nonsuited or discontinue, or if judgment be given for the defendant, then the defendant shall be entitled to full costs of suit, and have jud.ment accordingly; and in case amends have not been tendered as aforesaid, or in case the amends tendered be insufficient, it shall be lawful for the defendant, by leave of the court, at any time before trial, to pay into court under plea such sum of money as he may think proper, and (by the like leave) to plead the general issue or other plea or pleas, any rule of court or practice to the contrary notwitstanding. Venue. General issue. Tender of amends. Penalties to he pro ceeded for within six months. CVII. The two hundred and thirty-third section of the firstly-recited act (a) is hereby repealed; and in lieu thereof be it enacted, that no person shall be liable for the payment of any penalty or forfeiture under the recited acts or this act, or any byelaw made by virtue thereof, for any offence made cognizable before a justice, unless the complaint respecting (a) See 18 & 19 Vict. c. 120, p. 402. such offence have been made before such justice within six months next 25 & 26 VICT. after the commission or discovery of such offence. c. 102. CVIII. Except as herein specially provided, nothing herein contained Act not to shall in any way prejudice or affect any act, matter, or thing made, done, apply to or commenced prior to the passing of this act. things done before its passing, except, &c. CIX. Nothing in this act contained shall be held to make the several No further places named in schedule (C.) of the firstly-recited act (a) liable to any pay- liability to ment or assessment to which they would not have been liable if this act had attach to places not been passed. named in schedule C. of 18 & 19 Vict. c. 120. CX. The said recited acts and this act shall be construed together as one Acts to be construed as one act. act. CXI. The recited acts may be respectively cited for all purposes as "The Metropolis Management Act, 1855," "The Metropolis Management Amendment Act, 1856," and "The Metropolis Management Amendment Act, 1858;" and this act may be cited for all purposes as "The Metropolis Management Amendment Act, 1862." Short titles. terms. CXII. In the construction of the recited acts and this act the term Interpreta"metropolis" shall be deemed to include the city of London and the tion of parishes and places mentioned in the schedules (b) (A.), (B.), and (C.) to the firstly-recited act; the word "drain" shall be deemed to apply to and include the subject matters specified in the two hundred and fiftieth section (c) of the firstly-recited act, and also any drain for draining a group or block of houses by a combined operation, laid or constructed before the first day of January one thousand eight hundred and fifty-six, pursuant to the order or direction or with the sanction or approval of the metropolitan commissioners of sewers; the expression "water company" shall mean and include any of the companies enumerated in the twenty-ninth section of the act of the session of the fifteenth and sixteenth years of the reign of Queen Victoria, chapter eighty-four (d), for the making better provision respecting the supply of water to the metropolis, and also any other company, board, or commission, association, person, or partnership, corporate or unincorporate, for the time being supplying the metropolis or any part thereof with water for domestic use; the word "cattle" shall include sheep, lambs, and swine; the word "street" shall be deemed to apply to and include the subject matters specified in the two hundred and fiftieth section (c) of the firstly-recited act, and also any mews and a part thereof; the expression "new street" shall apply to and include all streets bereafter to be formed or laid out, and a part of any such street, and also all streets, the maintenance of the paving and roadway whereof had not, previously to the passing of this act, been taken into charge and assumed by the commissioners, trustees, surveyors, or other authorities having control of the pavements or highways in the parish or place in which such streets are situate, and a part of any such street, and also all streets partly formed or laid out; the word "pave" shall apply to and include the formation of the roadway or footway of any street; the word "clerk" shall include any officer called or to be called " secretary;" the word "surveyor" shall include any officer called or to be called "engineer;" the word "print" shall apply to and include every mode of taking impressions, whether by letterpress, stereotype, lithography, or otherwise. till 1863. CXIII. Whereas an act was passed in the session of parliament holden in Finsbury the twentieth and twenty-first years of her Majesty, "to enable the Metro- Park Act politan Board of Works to form a Park for the Northern Suburbs of the continued Metropolis, to be called Finsbury Park :" and whereas it is expedient to continue the said act for such period as herein mentioned: be it therefore enacted, that the said act shall be continued in force until the seventeenth day of August one thousand eight hundred and sixty-three, in like manner as if the time so limited had been the time limited by the said act of the twentieth and twenty-first years of Victoria, chapter one hundred and twenty. (a) P. 410. (b) P. 407. (c) P. 106. (d) See this act, p. 325. 25 & 26 VICT. C. 12. Amendrucnt of c. 120, 8. 193. CXIV. There shall be repealed so much of the one hundred and ninetythird section (a) of an act passed in the session holden in the sighteenth and nineteenth years of the reign of her present Majesty, chapter one hundred and twenty, intituled An Act for the better Local Management of the 1&19 Vict. Metropolis," as provides that the auditor of the accounts of the metropolitan board shall be paid by such board not exceeding five guinens for every day he is fully employed on such audit, and all expenses he is pat to in the auditing of such accounts; provided always, that such payment shall not exceed fifty guineas: and in lieu thereof, be it enacted, that the auditor of the accounts of the metropolitan board shall be paid by such board a sum not exceeding two guineas for every day that he is fully employed on such audit, and all expenses that he is put to in the auditing of such accounts, provided that such payments do not in the whole exceed one hundred guineas. Certain act 10 G. 4, CXV. From and after the passing of this act all duties, powers, and authorities under the local act of the tenth year of king George the fourth, chapter sixty eight, now remaining vested in the committee of management of the affairs of the parish of St. Paul, Covent Garden, shall cease to be so vested, and shall become vested in, and be performed and exercised by the vestry of such parish, elected under the act of the eighteenth and nineteenth years of Victoria, chapter one hundred and twenty, and that the said committee shall cease and be determined, and no new appointment or transferred. election of such committee shall take place. Paul, Covent Garden, Saving rights of the crown and the Duchy of Lancaster. Saving rights of the crown CXVI. It shall not be lawful for the metropolitan board of works, or for any vestry or district board, to take, use, or in any manner interfere with any land, soil, tenements, or hereditaments, or any rights, of whatsoever nature, belonging to or enjoyed or exerciseable by the Queen's most excellent Majesty in right of her crown, or in right of the Duchy of Lancaster, without the consent in writing of the commissioners for the time being of her Majesty's woods, forests, and land revenues, or one of them, on behalf of her Majesty, first had and obtained for that purpose, which consent such commissioners are hereby respectively authorised to give, or without the consent in like manner of the chancellor of the said Duchy; and nothing herein contained shall divest, take away, prejudice, diminish, or alter any estate, right, privilege, power, or authority vested in or enjoyed or exerciseable by the Queen's Majesty, her heirs, or successors, in right of her crown or in right of her Duchy of Lancaster: provided always, that nothing herein contained shall in any way lessen, alter, or in any manner prejudice or affect the rights, powers, and authorities of the metropolitan board of works relating to the main drainage of the metropolis, but such rights, powers, and authorities may be put in force as if this section had not been passed. CXVII. It shall not be lawful for the metropolitan board of works, or for any vestry or district board, to take, use, or in any manner interfere with any land, soil, tenements, or hereditaments, or any rights of whatsoin respect of the Duchy ever nature, belonging to or enjoyed or exerciseable by the Queen's most of Cornwall. excellent Majesty in right of her Duchy of Cornwall, without the consent in writing of two or more of the principal officers of the Duchy, which consent such principal officers of the Duchy are hereby authorised to give; and nothing herein contained shall divest, take away, prejudice, diminish, or alter any estate, right, privilege, power, or authority vested in or enjoyed or exerciseable by the Queen's Majesty, her heirs, or successors, in respect of the said Duchy provided always, that nothing herein contained shall in any way lessen, alter, or in any manner prejudice or affect the rights, powers, and authorities of the metropolitan board of works relating to the main drainage of the metropolis, but such rights, powers, and authorities may be put in force as if this section had not been passed. (a) P. 398. |