otherwise provided for by any local Act, is to be defrayed out of the General District Rates, or partly or wholly by a highway rate, as the case may be, as therein prescribed, to be audited as other accounts,—no allowance or verification of any Justices or Vestry being necessary (a); any surplus to be carried to a separate highway rate account (21 & 22 Vict. c. 98, s. 37). Provisions for such rating of parts of places excluded from the District (24 & 25 Vict. c. 61, s. 9). All the powers given to the Vestry under the 5 & 6 Will. 4, c. 50, are to be exercised by the Local

to be defrayed by a district rate, and not by a highway rate (Elmer v. Norwich L. B., 3 E. & B. 517; 23 L. J. Q. B. 203; Moseley v. Ely L. B., 6 E. & B. 518; 26 L. J. M. C. 23). Such highway rates, however, theretofore made, are not to be deemed invalid (17 & 18 Vict. c. 69). But where the district is conterminous with a single parish, a highway rate under the Highway Act may be made by the Board (Hansom v. Epsom L. B., 25 L. J. M. C. 27); and where a district formed part of a parish in which there was a turnpike road not producing sufficient tolls to maintain it in repair, it was held, that the Board might, in their capacity of Surveyors of Highways, contribute by a highway rate under 4 & 5 Vict. c. 59, towards the maintenance of that part of the road within their district; a highway rate made for that part of the parish which was beyond the district not being chargeable with such repairs (R. v. Worthing, 3 E. & B. 989; 23 L. J. M. C. 187. See also Barber v. Jessop, 1 H. & N. 578; and Taff-Vale Railway v. Cardiff L. B., 8 E. & B. 535). As to highways repairable by the parish, see Roberts v. Hunt, 15 Q. B. 17; also Hull L. B. v. Jones, 1 H. & N. 489; 2 Jur. N. S. 1193; 26 L. J. Exch. 33, 289, where it was decided that the Board could not rate the owners of adjoining land for paving new streets, but only streets, not repaired by the parish, which existed before the Act was applied to the district. See, however, 21 & 22 Vict. c. 98, s. 38. A yard entered from a street through a covered gateway is liable to a paving rate (Baddeley v. Gingell, 1 Exch. 319). Where a Local Act incorporated ss. 48-9 of the Towns Improvement Clauses Act, constituting the Commissioners Surveyors of Highways, and making them liable for non-repair in the same manner as the parish theretofore, and enabled them to levy rates to a fixed amount; and an injury was occasioned by the omission to repair one of the highways within the limits of the Act: held, that the Commissioners were liable, and it was not necessary to aver that there were funds applicable. Crompton, J.: "The defendants are guilty of a misdemeanour for not having done the very thing with the omission of which they are charged. That seems to me to take away the liability of the parish, and can it be said that there is not a liability to the same extent to be cast on the new body?" (Hartnall v. Ryde, Commissioners, 2 New Reports, 424.)

(a) The clerk of the Board is to make returns to the Secretary of State of highway expenditure required by the 13 Vict. c. 35.

Board within the District (a) (s. 10), and the 69th section of the said Act is to apply to all encroachments on highways (ib. s. 26). With respect to obstructions, &c., in streets, places of resort, hackney carriages and bathing, the powers of the Police Clauses Act are incorporated (21 & 22 Vict. c. 98, s. 44); under which Act the Board may make orders for the route to be followed by carriages, &c., during public processions, and preventing obstructions within the district (10 & 11 Vict. c. 89, s. 21), and like orders in the neighbourhood of Churches, &c., during divine service (s. 22). Any Constable may impound stray Cattle within the district as the Board. may direct (s. 24). Poundage and expenses recoverable by sale in manner prescribed (s. 25). Penalty for unlawful release of Cattle from Pound, Imprisonment not exceeding three months (s. 26). Penalties for Street offences by Horses, Dogs, Cattle, Waggons, Carts, improper driving, obstructions, Prostitution, Indecency, Games, Wanton Mischief-Stones, Materials, Rubbish, &c., Carpet beating, &c., improper window cleaning, unfenced Vaults, &c., surface filth, Pig

(a) Under the Highway Act, the Vestry for the nomination of overseers shall appoint a Surveyor of Highways (5 & 6 Wm. 4. c. 50, s. 6). A skilled Surveyor may be appointed at a salary to be fixed at such meeting (s. 9). The Vestry may direct application to the Justices to unite their parish with adjoining parishes to form a Highway District (s. 13). In parishes exceeding five thousand inhabitants, two-thirds of the Vestry may elect not more than twenty nor less than five persons, to be a Board to serve the office of Surveyors of Highways (s. 18). The Vestry may, in certain cases, determine whether a highway be of sufficient utility to the inhabitants to be kept in repair by the parish (s. 23). They may also consent to the appointment by the Surveyor of Collectors, and determine the allowance to be made to them (s. 36). And, in certain cases, consent to the composition of sums due from the Collector (s. 38). The Vestry on receipt of, the Surveyor's accounts may order an abstract thereof to be published (s. 44). They must consent to contracts made by the Surveyor, who shall not be a party thereto (unless by license from the Justices) under a penalty of 10l. (s. 46). The Vestry may consent to an application to the Justices by any person liable to repair any highway, to make the same a parish highway (s. 62). The Surveyor shall not make any footway without the consent of the Vestry (s. 80). The Vestry may direct the Surveyor to apply to the Justices to authorise the stopping up or diverting of any highway (s. 84). The Vestry may authorise the Surveyor to defend any indictment or appeal against the parish, or to appeal against any order (s. 111).

E

stye or Swine, &c. (s. 28). Also for drunkenness with riotous or indecent behaviour (s. 29). Penalty on Public-House Keepers for harbouring Constables while on duty (s. 34), or disorderly persons (s. 35). Penalty for keeping places for Cockfighting, &c. (s. 36). The Board may license Hackney Carriages within their district in manner prescribed; regulations as to granting and revocation of Licenses, Conduct of Drivers; Fares; number of persons to be carried. Penalties for misbehaviour, damage, &c., and power to make Bye-Laws (a) (ss. 37 to 68). The Board may make Bye-Laws with respect to any Public Bathing-place within their district for regulating the position and use of Machines, Boats, &c. (s. 69).

METROPOLIS MANAGEMENT ACTS.

In the Metropolis the Vestries or District Boards may fill up ditches by the side of any roads or footways, and throw the surface into such roads, &c., to be under the control of the Surveyors of Highways, &c. (18 & 19 Vict. c. 120, s. 87). All powers as to paving, lighting, watering, &c., are vested in the Vestries or District Boards (b) (ss. 90 and 92), who are to execute the office of Surveyor of Highways, &c. (s. 96; and 25 & 26 Vict. c. 102, s. 71); and they may repair, pave, or alter any streets, &c., subject to the approval of the Engineer of any company whose pipes may be disturbed (18 & 19 Vict. c. 120, s. 98). Paving of freehold courts to be done by the owners (s. 99), under penalty of 57. for neglect (s. 100); or the Board may do the necessary work at the owners' expense (25 & 26 Vict. c. 102, s. 81). The Board may effectually pave and repair new streets at the expense of the owners of houses and land (18 & 19

(a) See suggested forms for Bye-laws, p. 622. A carriage license from the Inland Revenue will not supersede the necessity of a license from the Local Board (Buckle v. Wrightson, 5 New Reports, 82).

(b) The City Sewers Act (see note, p. 37) empowers the Commissioners to regulate the lighting of streets within the City of London (ss. 115 to 118, and 14 & 15 Vict. c. xci. s. 37); the paving and repairing of streets, and laying down pipes, &c., therein (ss. 119 to 144, and 14 & 15 Vict. c. xci. ss. 38-9); also the watering and cleansing of streets (ss. 145 to 152, and 14 & 15 Vict. c. xci. s. 40).

Vict. c. 120, s. 105; and 25 & 26 Vict. c. 102, s. 77). And may undertake the repair of any street, not being a highway (18 & 19 Vict. c. 120, s. 106), unless, one month after notice, two-thirds of the owners and occupiers object (25 & 26 Vict. c. 102, s. 80). They may fence ways for the safety of passengers (18 & 19 Vict. c. 120, s. 108). Streets not to be broken up by any gas or water companies without notice to the District Board, under penalty not exceeding 57. (s. 109). When necessary, such works to be done under the superintendence of the Board (a) (s. 110; and 25 & 26 Vict. c. 102, 8. 82). Penalty for failing properly to reinstate any ground so broken up, or to guard the same at night, not exceeding 57., and 40s. a day during continuance of neglect (18 & 19 Vict. c. 120, s. 111). Any pavement injured by any company shall be repaired by them under penalty not exceeding 201. (s. 112). Any company opening the ground by mistake to give notice to the company to whom any injured pipes, &c., belong, under like penalty for neglect (s. 113). The Board may reinstate any such broken-up ground at the expense of the company (s. 114), or may contract for such repairs (s. 115). They may cause the streets to be watered (b) (s. 116), and footways to be cleansed (s. 117), and appoint crossing-sweepers (s. 118).

(a) Where the owner of premises within the district of a Metropolitan Board of Works having been ordered to abate a nuisance, employed a Contractor who dug a trench in the highway, into which (not being properly filled up) a person afterwards fell and was injured, it was held that the Contractor only was liable, notwithstanding s. 110, 18 & 19 Vict. c. 120. Cockburn, C. J., observing: "There is nothing to take it out of the common doctrine, that if a person, whether in the exercise of his rights as a private individual, or under the powers given him by a statute, employs a Contractor to do a certain work, and the Contractor in the performance of that work is guilty of negligence, the Contractor alone is liable.' Crompton, Blackburn, and Mellor, JJ., concurred. (Gray v. Pullen, 2 New Reports, 18.) This was afterwards reversed in the Ex. Ch. Erle, C.J., Pollock, C. B., Byles and Keating, JJ., Bramwell, Channell and Pigott, BB., being of opinion that a statutory duty is implied under sec. 77-conferring power to open the drainto fill in the ground sufficiently; and that the employer cannot, therefore, be relieved from liability by the omission of the contractor (5 New Reports, 249). (b) Under an ancient statute the parish of A was carved out of the parish of B-the boundary being therein described as "abutting on and upon" a certain street: Held, that for the purpose of the Metropolis Management Act,

All lamps are vested in the Board, who are to cause streets to be lighted (s. 130). Any street situate in two Districts may be under the management of one District Board (s. 140). The Metropolitan and District Boards may regulate the names of streets and the numbering of houses (a) (25 & 26 Vict. c. 102, s. 87). No building can be erected beyond the general line of street without consent of the Metropolitan Board, and any such may be demolished by order of a Justice (ib. ss. 75, 76). The Metropolitan Board may widen and improve streets, &c. (18 & 19 Vict. c. 120, s. 144), and may break up turnpike roads for any necessary work upon giving notice (25 & 26 Vict. c. 102, s. 33); also railways, &c. (ss. 34, 35); and during any works may stop up any road (ss. 21, 84). The Board may construct roads and bridges in connection with their works (ib. ss. 22 to 25). The District Boards may also make improvements, &c. (ss. 72, 73), and may flag footways (s. 78). The Metropolitan Board may regulate the height of buildings in certain cases (s. 85), and may place streets situate in different districts under one management (s. 86). Penalty for defacing notices, lamp-posts, or buildings (s. 90). to be at least forty feet wide, &c. (s. 98), except under special circumstances (s. 99). Penalties for breaking lamps, &c. (18 & 19 Vict. c. 120, ss. 206, 207).

New streets

REGULATION OF BUILDINGS.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

To promote the uniform width of buildings and the widening of streets within any District to which the Public Health and Local Government Acts are applied, it is enacted that the Local Board of Health may purchase by agreement any premises

s. 116, such boundary ran along the middle line of the street in question v. Strand Board of Works, 3 New Reports, 67).

(a) The powers of the City Commissioners of Sewers as to naming and numbering streets, are superseded by the Metropolis Management Acts (Daw v. Metropolitan Board, 31 L. J. C. P. 23).