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Section 19.

Extinction of

rights of way and other easements.

Formation of

fund for

been included in a scheme as falling under the description of property named in the third section of this Act: (3) In the construction of the said Lands Clauses Consolidation Acts, and the provisions in the said schedule, this Act shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking; and the period after which the powers for the compulsory purchase or taking of lands shall not be exercised shall be three years after the passing of the confirming Act.

20. Upon the purchase by the local authority of any lands required for the purpose of carrying into effect any scheme authorised by a confirming Act, all rights of way, rights of laying down or of continuing any pipes, sewers, or drains on, through, or under such lands, or part thereof, and all other rights or easements in or relating to such lands, or any part thereof, shall be extinguished, and all the soil of such ways, and the property in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision that compensation shall be paid by the local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compensation shall be determined in the manner in which compensation for lands is determinable under this Act, or as near thereto as circumstances admit. (a)

4. Expenses.

21. A separate account shall be kept by the local authority of their improvement receipts and expenditure in respect of any transactions under this Act. Their receipts shall form a fund (in this Act referred to as "The Dwelling-house Improvement Fund,") and their expenditure shall be made out of such fund.

purposes of this Act.

The moneys required in the first instance to establish such fund, and any deficiency for the purposes of this Act from time to time appearing in such fund by reason of the excess of expenditure over receipts, shall be supplied out of the local rates or out of moneys borrowed in pursuance to this Act.

In settling any accounts of the local authority in respect of any transactions under this Act, care shall be taken that as far as may be practicable all expenditure shall ultimately be defrayed out of the property dealt with under this Act; and any balance of profit made by the local authority under this Act shall be applicable to any purposes to which the local rates are for the time being applicable.

The local rates shall, in the case of the commissioners of sewers, mean the sewer rate and the consolidated rate leviable by such commissioners, or either of such rates.

The Metropolitan Board of Works shall levy as part of the metropolitan consolidated rate within the area of the metropolis, without making any demand on the city of London, a sufficient amount for the purposes of this Act, and the part so levied shall, for the purposes of this Act, in the case of the Metropolitan Board of Works, be referred to and included under the expression "local rates."

(a) The purchase of lands by a local authority for the purpose of carrying into effect a scheme under this Act, all easements whatsoever affecting the land become thenceforth extinguished, subject only to compensation to be paid by the local authority to persons injured in manner provided by this section. Swainston v. Metropolitan Board of Works, 52 L. J. Ch. 235; 48 L. T. (N.S.) 634; 31 W. R. 498; Badham v. Morris, 52 L. J. Ch. 237n.; 45 L. T. (N.S.) 579.

The "local rates" shall in the case of an urban sanitary authority mean all or any rates or rate levied throughout the district of such authority, and out of which the local authority is authorised to pay any expenses incurred under the Sanitary Acts, as defined by the Public Health Act, 1872, and by the Public Health (Ireland) Act, 1874.

The local authority may carry to the account of the Dwelling-house Improvement Fund any moneys or the produce of any property, which moneys or produce are or is legally applicable to purposes similar to the purposes of this Act; and in case of doubt as to whether, in any particular case, the purposes are similar to the purposes of this Act, it shall be lawful for the confirming authority to decide such question, and such decision shall be conclusive.

22. Any local authority under this Act may for the purposes of this Act borrow any moneys on the security of any lands, houses, or other property acquired by them under this Act, and may mortgage such lands, houses, or other property to any person advancing such moneys, and it shall not be in any way incumbent on the mortgagees to see to the application of such moneys, nor shall they be responsible for the misapplication thereof.

Every local authority borrowing on the credit of such lands, houses, or other property as aforesaid may pay out of local rates the interest of any moneys so borrowed by them.

Any local authority under this Act borrowing any moneys on the security of any lands, houses, or other property as aforesaid may execute such instruments by way of security, with such power of sale and other conditions as they think expedient.

An urban sanitary authority shall have the same power of borrowing on the credit of the local rates such sums of money as they may require for the purpose of this Act as they have under section forty of the Public Health Act, 1872, or under the Public Health (Ireland) Act, 1874, for sanitary purposes.

The commissioners of sewers may borrow and take up at interest such money on the credit of the local rates, or any of them, as they may require for the purposes of this Act, and may mortgage any such rate or rates to the persons by or on behalf of whom such money is advanced for securing the repayment to them of the sums borrowed, with interest thereon, and for the purposes of any mortgages so made by the commissioners of sewers the clauses of the Commissioners Clauses Act, 1847, with respect to the mortgages to be executed by the commissioners shall be incorporated with this Act; and in the construction of that Act "the special Act" shall mean this Act; "the commissioners" shall mean the commissioners of sewers ; clerk of the commissioners" shall include any officer appointed for the purpose by the commissioners of sewers by this Act; and the mortgagees or assignees of any mortgage made as last aforesaid may enforce payment of the arrears of principal and interest due to them by the appointment of a receiver.

"the

The Metropolitan Board of Works may, with the assent of the Treasury, create consolidated stock under the Metropolitan Board of Works (Loans) Act, 1869, for the purpose of raising such sums as they may require for the purposes of this Act, but there shall be repaid to the consolidated rate out of the local rate all moneys required for payment of the dividends on and the redemption of the consolidated stock created for the purposes of this Act.

The Public Works Loan Commissioners, or, in the case of Ireland, the Commissioners of Public Works, acting with the consent of the

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Section 22. Treasury, may, on the recommendation of the confirming authority, lend to any local authority any money required by them for purposes of this Act, on the security, in the case of the Metropolitan Board of Works, of consolidated stock created under the Metropolitan Board of Works (Loans) Act, 1869, and in any other case on the security of the local rates. Such loan shall be repaid within such period, not exceeding fifty years, as may be recommended by the confirming authority, and shall bear interest at the rate of three and a half per cent. per annum, or such higher rate as may, in the judgment of the Treasury, be necessary to enable the loan to be made without loss to the exchequer.

Audit of accounts.

Any limit imposed on or in respect of local rates by any Act of parliament other than this Act shall not apply to any rate required to be levied for the purpose of defraying any expenses under this Act.

23. The accounts of the Commissioners of Sewers and the accounts of the Metropolitan Board of Works under this Act shall respectively be audited in the same manner and with the same power in the officers auditing the same in which the accounts of those bodies when acting in their capacities of Commissioners of Sewers and Metropolitan Board of Works, are for the time being required to be audited by law. (a)

The accounts of an urban sanitary authority under this Act shall be audited in the same manner and with the same power in the officers auditing the same in which the accounts of that authority in its character of sanitary authority are for the time being required to be audited by law.

Provision

where local authority has no seal.

Service of notice on the local

authority.

Power of confirming authority as to advertisements and notices.

PART III.

GENERAL PROVISIONS.

24. Any petition or document proceeding from a local authority may be authenticated by their seal where such authority have a seal, and in any other case by the signature of any two or more members of the local authority, or in such other manner as the confirming authority may require.

Notices.

25. Any notice required to be served upon the local authority may be lawfully served by delivering the same to the clerk of the local authority, or leaving the same at his office with some person employed there by him.

26. The confirming authority may from time to time by order prescribe the forms of advertisements and notices under this Act; it shall not be obligatory on any persons to adopt such forms, but the same, when adopted, shall be deemed sufficient for all the purposes

of this Act.

(a) That is, pursuant to section 192, et seq., of Metropolis Local Management Act, 1855, ante.

Section 27.

Power of confirming authority to

27. The confirming authority may, on the consideration of any petition of a local authority for an order confirming a scheme, dispense with the publication of any advertisement, or the service of any notice, proof of which publication or service is not given to them as required by this Act, where reasonable cause is shown to their dispense satisfaction why such publication or service should be dispensed with, with notices and such dispensation may be made by the confirming authority, in certain either unconditionally or upon such condition as to the publication cases. of other advertisements and the service of other notices or otherwise as the confirming authority may think fit, due care being taken by the confirming authority to prevent the interest of any person being prejudiced by the fact of the publication of any advertisement or the service of any notice being dispensed with in pursuance of this

seetion.

28. Any notice served by the local authority for the purposes of Authenticathis Act may be signed by the clerk of the local authority.

Penalties.

29. Where any person obstructs the officer of health or any officer of the local or confirming authority acting in the performance of anything which the local or confirming authority are by this Act required or authorised to do, every person so offending shall, on summary conviction, for every such offence forfeit a sum not exceed ing twenty pounds.(b)

Saving Clauses.

30. Where in any place to which this Act applies, any local Act is in force providing for objects the same as or similar to the objects of this Act, (c) the enactments of such local Act may be enforced at the discretion of the local authority either instead of or in concurrence with this Act: provided that the local authority of any place to which this Act applies shall not, by reason of any local Act within its jurisdiction, be exempted from the performance of any duty or obligation to which such authority are subject under this Act.

Definitions.

tion of notices served by the local authority. Penalty for obstructing officers in execution of Act.

Relation of local Acts to general Acts.

of terms of

Act.

31. The expressions hereinafter mentioned shall respectively have Definitions the meanings hereby assigned to them, unless there is something in the context inconsistent with such meanings; that is to say, "Secretary of State" means one of Her Majesty's principal secre- "Secretary taries of state:

"Person "shall include a body of persons, corporate or unin-
corporate:
"Lands" shall include messuages, lands, tenements, heredita-
ments of any tenure, and any right over land:
"The city of London " shall include the liberties thereof:
"The Metropolis" shall not include the city of London or the
liberties thereof, but shall include all other parishes or places
within the jurisdiction of the Metropolitan Board of Works:

(b) This penalty may be recovered by any person, but the informer will not be entitled to any part of it. See 11 & 12 Vict. c. 43, s. 31.

(e) By section 31 the expression "this Act" is defined to include any confirming Act.

of State."

"Person."

"Lands."

"The city of London." "The Metropolis."

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"A district board or vestry" within the metropolis means a district board or vestry as incorporated by the Metropolis Management Act, 1855:

"Medical officer of health" shall, in the case of Ireland, mean consulting sanitary officer:

"Local Government Board" shall, in the case of Ireland, mean Local Government Board of Ireland:

"Clerk of local authority" shall, in the case of Ireland, mean executive sanitary officer and acting clerk :

"Superior courts" shall mean, in the case of Ireland, Her Majesty's superior courts in Ireland:

"The Treasury" shall mean the lords commissioners of the Treasury, or any two of them:

"This Act" includes any confirming Act as herein before defined.

"This Act."

SCHEDULE.(a)

Provisions with respect to the purchase and taking of lands in England otherwise than by agreement, and otherwise amending the Lands Clauses Act, 1845.

Deposit of Maps and Plans.

(1) The local authority shall as soon as practicable after the passing of the confirming Act, cause to be made out, and to be signed by their clerk or some other principal officer appointed by them, maps and schedules of all lands proposed to be taken compulsorily (which lands are hereinafter referred to as the scheduled lands), together with the names, so far as the same can be reasonably ascertained of all persons interested in such lands as owners or reputed owners, lessees or reputed lessees, or occupiers.

(2) The maps made by the local authority shall be upon such scale and be framed in such manner as may be prescribed by the confirming authority.

(3) The local authority shall deposit such maps and schedules at the office of the confirming authority, and shall deposit and keep copies of such maps and schedules at the office of the local authority.

Appointment of Arbitrator.

(4) After such deposit at the office of the confirming authority as aforesaid, it shall be lawful for the confirming authority, upon the application of the local authority, to appoint an arbitrator between the local authority and the persons interested in such of the scheduled lands, or lands in

(a) By the Artizans and Labourers Dwellings Improvement Act, 1879, section 2 (post), this schedule is to be construed as if the schedule to that Act formed part thereof.

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