SECT. 96. Officer levying rate imposed in gross to allow exemptions, &c., and give receipts, showing sums levied in respect of the rate. 97. Extra allowance may be made to poor rate collectors. Mortgage of Rates. SECT. 98. Rates may be mortgaged. No priority amongst mortgagees. 99. Commissioners of Public Works may make advances to Commissioners, 5 Vict. c. 9, Session 2. 100. Money may be borrowed at lower rates of interest to pay off securities bearing a higher rate. 101. Power to borrow money to pay off former mortgages. 102. Form of mortgage. Register of mortgages. 103. Repayment of money borrowed at a time and place agreed upon. 104. Interest on mortgages to be paid half-yearly. Repayment of money borrowed where no time or place has been agreed upon. Interest to cease on expiration of notice to pay off mortgage debt. 105. Receiver may be appointed in certain cases. 106. Account books to be open to mortgagee. 107. Transfer of mortgages. Register of transfer. Mode of raising Monies for expenses of Works within the City of London. SECT. 108. Expenses incurred by Commissioners in drainage works within the city to be assessed in gross on the city. Provision for contribution by other districts. 109. Commissioners to raise assessment on city by precept to Chamberlain. 110. Powers of making rates prospectively or retrospectively, and of spreading the charge to apply to assessments on city. General Provisions as to application of Monies. SECT. 111. Commissioners may apply rates to any purposes of the Act; but liabilities of rate-payers not to be affected. 112. Commissioners may form a sinking fund for discharge of mortgages. Accounts. SECT. 113. Accounts to be kept. Books may be inspected. Penalty for refusing inspection. Balancing accounts. Annual statement. Notice of deposit of statement. Same to remain at office for inspection. 114. Audit of accounts. Auditors to be appointed by Secretary of State. Auditors' attendance. Production of accounts. Public hearing. Auditors to sign accounts if allowed; but if Auditors disapprove of accounts, they may appeal to Quarter Sessions. 115. Annual Accounts and Report to be laid before Parliament. Bye-laws. SECT. 116. Commissioners may make bye-laws as to business of courts, appointment, &c. of officers, levels, construction of drains, soil-pans, emptying cesspools, water supply, rate collection, periods for repayment of expenses, forms of rates, appeals from special and improvement rates and charge for default, form of contracts, penalties. 117. Publication of bye-laws. Evidence of ditto. Suits, &c., by and against Commissioners. SECT. 118. Suits and proceedings by and against Commissioners. In name of clerk. Clerk to be reimbursed. Proof of debts in bankruptcy. 119. Clerk to be a competent witness. 120. Notice of action. Limitation of action. Venue, general issue, &c. Tender of amends, &c. Money may be paid into court. 121. Persons acting in execution of Act not to be personally liable. Miscellaneous. SECT. 122. Commissioners may examine on oath. False evidence punishable as perjury. 123. Commissioners may allow expenses and loss of time to witnesses. 124. Commissioners may decree and assess costs. 125. Charges for default. 126. Penalty for obstructing officers. 127. Penalty for defacing notice board. 128. Penalty upon occupiers obstructing execution of works, or not disclosing owners' name. 129. Recovery of penalties, forfeitures, and compensation. 130. Common informers not to sue without consent of Attorney-General. 131. Service of notices, &c., on Commissioners. 132. Notice to owners or occupiers, service of. 133. Authentication of documents. 134. Distresses, how to be made. Not unlawful for want of form. 135. Repeal of local Acts. 136. Power of Commissioners under Regent-street Act, with respect to sewers, &c., Proviso for making rates to discharge mortgages. to cease. 137. 3 & Will. 4, c. 22, and 4 & 5 Vict., c. 45, not to apply to Commissions under this Act. 138. General law of sewers not to be applicable to Commissions under this Act. 139. City Commissioners may exercise powers within the city for enforcing house drainage. 140. Interpretation clause. 141. Act to continue in force for Two years. 142. Act may be repealed. A BIL L To consolidate the Metropolitan Commissions of Sewers. [Note.-The Words in the BILL printed in Italics are proposed to be inserted in the Committee.] 5 HEREAS by virtue of the Act concerning Sewers, Preamble: W passed in the twenty-third year of the reign of King 23 Hen. 8, c. 5. HENRY the Eighth, and the several Acts continuing, amending and explaining the same, there have been from time to time issued several Commissions of Sewers for several districts near the city of London, commonly known as the districts of the Tower Hamlets, of Saint Katherine's, of Poplar and Blackwall, of Holborn and Finsbury, of Westminster and part of Middlesex, of Surrey and Kent, and of Greenwich respectively; and the 10 jurisdiction and powers of certain of the said Commissions of Sewers have been extended by several Acts of Parliament; and the Commissions of Sewers for the said several districts, except for the said district of Saint Katherine's, now in force, respectively bear date at Westminster, the Thirtieth day of November One thousand 15 eight hundred and Forty-seven; and the Commission for the said district of Saint Katherine's bears date at Westminster, the Fourth day of December One thousand eight hundred and Forty-seven : And whereas an Act was passed in the eleventh year of the reign of King GEORGE the Third, intituled, "An Act for con20 solidating, extending and rendering more effectual the Powers granted by several Acts of Parliament for making, enlarging, amending and cleansing the Vaults, Drains and Sewers within the City of London and Liberties thereof, and for paving, cleansing and lighting the Streets, Lanes, Squares, Yards, Courts, Alleys, Passages and Places, and preventing and removing Obstructions and Annoyances 533. A City of London. 11 Geo. 3, c. 29. 33 Geo. 3, c. 75. 4 Geo. 4, c. 114. Regent Street Acts. 3 & 4 Will. 4, c. 22. 4 & 5 Vict., c. 45. Annoyances within the same;" and an Act was passed in the And whereas by an Act passed in the fifth year of the reign of 20 King GEORGE the Fourth, intituled, "An Act for more effectually paving, lighting, watching, cleansing and regulating the Regent's Park, together with the new Street from the Regent's Park to Pall Mall, and the new Streets and Improvements in the Neighbourhood of Parliament-street and Privy-gardens, and for maintaining a con- 25 venient Sewage for the same," the Commissioners for executing that Act are appointed Commissioners of Sewers for maintaining and keeping in repair the principal or common sewer extending from the Regent's Park aforesaid to Charing Cross, and from thenceto the River Thames, and other drains, watercourses and communications under the authorities and provisions therein contained; and the powers of such Commissioners have been extended by other Acts of Parliament: 309 And whereas an Act was passed in the third and fourth years of the reign of King WILLIAM the Fourth, intituled, "An Act to 35 amend the Laws relating to Sewers;" and the said Act was amended by an Act of the fourth and fifth years of the reign of Her present Majesty; but the said Acts contain savings which exclude the Commissioners of Sewers of the city of London and the Commissioners, for executing the said Act of the fifth year of King GEORGE the 40 Fourth, and certain of the Commissions hereinbefore mentioned, wholly or in part from the operation of such Acts: And 5 And whereas it is expedient that the districts comprised within the limits of the several Commissions of Sewers hereinbefore mentioned, and the parts subject to the jurisdiction of the said Commissioners of Sewers appointed under the said Act of the fifth year of King GEORGE the Fourth, with such other places hereinafter mentioned as it may be convenient for drainage purposes to annex thereto, should be subject to the jurisdiction of one Commission of Sewers, and that the powers vested in the said several Commissions of Sewers, and the Commissioners lastly hereinbefore mentioned, 10 should be amended, and should be exercised by such one Commission, subject to the provisions of this Act, and that such Sewers as hereinafter mentioned, within the city of London, and the liberties thereof, should be subject to the jurisdiction of such Commission, to be exercised as hereinafter mentioned; 15 1. One Commission of Sewers for the Metropolitan districts. BL it therefore Enacted, by The QUEEN's most Excellent Constitution, &c. MAJESTY, by and with the Advice and Consent of the Lords Spiri- of Commission. tual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT it shall be lawful for Her Majesty to cause to be issued from time to time, 20 under the Great Seal of the United Kingdom of Great Britain and Ireland, one Commission of Sewers for the city and liberties of Westminster and the borough of Southwark, and all parts within the limits mentioned in the said several Commissions, bearing date the Thirtieth day of November and the Fourth day of December 25 One thousand eight hundred and Forty-seven, and the parts subject to the jurisdiction of the Commissioners acting in execution of the said' Act of the fifth year of King GEORGE the Fourth, and such other places or parts in the counties of Middlesex, Surrey, Essex and Kent, or any of them, being not more than Twelve Miles distant 30 in a straight line from Saint Paul's Cathedral, in the city of London, as shall from time to time be named in such Commission, or com prised within the limits therein, or in any map which may be annexed to such Commission and taken as part thereof, described or set forth; and no place or part comprised within such limits 35 shall be exempt from the jurisdiction of the Commissioners by reason of the same being extra-parochial, or being beyond the ebb or flow of the tide, or by reason of any other exemption or supposed exemption from the general law of Sewers previously to the passing of this Act; and that the city of London and the liberties thereof 40 shall, for the purposes hereinafter expressly mentioned, with reference to such city and liberties, be subject to the jurisdiction of the Commissioners, to be exercised as hereinafter expressed, but shall not be deemed to be within the limits of the Commission, or subject to the ordinary jurisdiction of the Commissioners. |