Section 127. sale thereof shall be applied towards defraying the expenses of the execution of this Act, other than the sewerage expenses.

128. In case any scavenger be required by the owner or occupier of any house or land to remove the refuse of any trade, manufacture, or business,(a) or of any building materials, such owner or occupier shall pay to the scavenger a reasonable sum for such removal, such sum, in case of dispute, to be settled by two justices.(b)

129. If any dispute or difference of opinion arise between the owner or occupier of any such house or land and the scavengers required to move such refuse as to what shall be considered as refuse, it shall be lawful for any two justices, upon application made to them by either of the parties in difference, to determine whether the subject matter of dispute is or is not refuse of trade, manufacture, or business, or of any building materials, and in every such case the decision of such justices shall be final and conclusive.

130. Every vestry and district board shall cause the several streets within their parish or district to be well and sufficiently lighted, and for that purpose shall maintain, or set up and maintain, a sufficient number of lamps in every such street, and shall cause the same to be lighted with gas or otherwise, and to continue lighted at and during such times as such vestry or board may think fit, necessary, or proper; and all public lamps, and the lamp posts and lamp irons and fittings thereof, to be provided by any vestry or district board, shall vest in such vestry or board.

politan Paving Act); Law v. Dodd, 17 L. J. M. C. 65; and see Filby v. Combe, 2 M. & W. 677; Lyndon v. Standbridge, 2 H. & N. 45; 26 L. J. Ex. 386.

(a) Ashes from coals burnt in the furnace of a steam engine for sawing, &c., materials in the business of a pianoforte maker are "refuse of trade, manufacture, or business," within this provision; Gay v. Cadby, 2 C. P. D. 391; 46 L. J. M. C. 260; 41 J. P. 503.

A vestry is bound to remove whatever it would be mischievous and injurious to health to retain on the premises, but not to remove such refuse as old boots and shoes, old coal-scuttles, tin canisters, &c.; Collins v. Vestry of Paddington, 48 L. J. Q. B. 345; 40 L. T. (N.S.) 843; 27 W. R. 504; 43 J. P. 367.

(b) See note to section 225, post.

(c) The word "street" is, by the 250th section defined to mean “any highway (except the carriageway of any turnpike road), and any road, bridge (not being a county bridge), lane, footway, square, court, alley, or passage, &c., by the Metropolis Management Amendment Act, 1862, s. 112, extended to include "any mews and a part thereof." The language of this section is imperative, and the court will compel the performance of the duty of lighting, where the locality in question is clearly made out to be a street; R. v. Vestry of St. Mary, Islington, 22 J. P. 383; Ell. Bl. & E. 743; but the vestry have some discretion to decide what is "a street," and where the owner of a road not finished or completely formed though partly built upon, and not yet taken to by the vestry, applied for a mandamus to the vestry to light the so-called street, the court refused to interfere, though the houses already built were rated in respect of lighting, but only at half the usual amount; Ibid. See rule for a mandamus to the vestry to light that part of Vauxhall Bridge which was within their parish; R. v. Vestry of Lambeth, 25 J. P. 374. The 23 & 24 Vict. c. 125, the Metropolis Gas Act, post, Appendix, by the 22nd section requires gas companies, subject to the restrictions expressed, to light all public lamps in the public streets on the requisition of the local authority, which, by the interpretation clause,

c. 102, s. 92.

131.(d) Before any licence for the use of any place within any Section 131. parish mentioned in either of the Schedules (A.) and (B.) to this Act as a slaughter-house is granted by any quarter sessions of the peace 25 & 26 Vict. Repealed by under the provisions of the Act of the session holden in the fourteenth and fifteenth years of Her Majesty, chapter sixty-one (the Metropolitan Market Act, 1851), (e) one month's previous notice of the intention to apply for such licence shall be given to the vestry or district board of the parish or district in which such place is situate, to the intent that such vestry or district baard, if they think fit, may show cause against the grant of such licence.

officers of

health.

(L) Act

1891

132. Every vestry and district board shall from time to time Vestries and appoint one or more legally qualified(ƒ) medical practitioner or district boards practitioners of skill and experience to inspect and report periodically to appoint upon the sanitary condition of their parish or district, to ascertain medical the existence of diseases, more especially epidemics, increasing the rate of mortality, and to point out the existence of any nuisance or other local causes which are likely to originate and maintain such diseases, and injuriously affect the health of the inhabitants, and to P. take cognizance of the fact of the existence of any contagious or epidemic diseases, and to point out the most efficacious mode of checking or preventing the spread of such diseases, and also to point out the most efficient modes for the ventilation of churches, chapels, schools, lodging-houses, and other public edifices within the parish or district, and to perform any other duties of a like nature which may be required of him or them; and such persons shall be called "medical officers of health;" and it shall be lawful for the vestry or board to pay to every such officer such salary as they think fit, and also to remove any such officer at the pleasure of such vestry or board.

133. Every vestry and district board shall nominate and appoint Appointment such number of persons to be inspectors of nuisauces in their parish of inspectors do or district as the vestry or board may think fit; and the inspectors of nuisances.

includes vestries and district boards. The 165th section of this Act preserves the existing exemptions of land from lighting rates, where 3 & 4 Will. 4, c. 90 (lighting and watching), were in force at the time of the passing of the Act. It was held by the Exch. Ch., affirming the judgment of the Queen's Bench, that a company supplying gas in the metropolis are subject to all the restrictions imposed upon them for the benefit of the public by the Metropolis Gas Act, 1860, and the City of London Gas Act, 1868; Gas Light and Coke Company v. Vestry of St George's, Hanover Square, 8 Cox. Mag. Ca. 120.

(d) This section is repealed by the 92nd section of 25 & 26 Vict. c. 102, post; and the 93rd and 94th sections of that Act direct that cow-houses shall also be licensed, and contain the provisions in relation to the licensing both of slaughter-houses and cow-houses. See now the Slaughter-houses (Metropolis) Act, 1874, and notes thereon to section 92 of Metropolis Management Amendment Act, 1862, post.

(e) The 14 & 15 Vict. c. 61, was repealed by 20 & 21 Vict. c. 135 (Loc. & Per.), which, by section 35, also provided that before licenses were granted for slaughter-houses notice should be given to the vestry or district board. See note to section 131, supra.

(f) That is by registration under 21 & 22 Vict. c. 90.

(9) See as to the appointment of sanitary inspectors under the Nuisances Removal Amendment Act, 23 & 24 Vict. c. 77, s. 9. By 25 & 26 Vict. c. 102, s. 91, post, penalties are imposed for keeping swine in unfit places, or in which the breeding, &c., may create a nuisance or be injurious to health, and see note to that enactment.

(g)

Section 133. of nuisances shall superintend and enforce the due execution of all duties to be performed by the scavengers employed or contracted with under this Act, and report to the vestry or district board the existence of any nuisances; and the vestry or board shall require every such inspector to provide and keep a book in which shall be entered all complaints made by any inhabitants of the parish or district of any infringement of the provisions of this Act, or of any bye-laws made thereunder, or of nuisances; and every such inspector shall forthwith inquire into the truth or otherwise of such complaints, and report upon the same to the vestry or board at their next meeting; and such report, and the order of the vestry or board thereon, shall be entered in a book, which shall be kept at their office, and shall be open at all reasonable times to the inspection of any inhabitant of the parish or district; and it shall be the duty of such inspector, subject to the direction of the vestry or board, to make complaints before any justices, and take legal proceedings for the punishment of any person for any offences under this Act or any such bye-laws.

Vestries and

to be the

local authorities to

134. Every vestry and district board under this Act shall execute, district boards within their respective parish or district, all the duties and powers exercisable under the Nuisances Removal and Diseases Prevention Act, 1848, and the Nuisances Removal and Diseases Prevention Act, 1849, by any commissioners or other body, or any officers having under any Act powers of cleansing, and shall be the local authority to execute any Act passed or to be passed in the present session, amending or repealing the said Acts or either of them.

execute the Nuisance Removal

Acts.(a)

Main sewers vested in the metropolitan board of works and

Duties and Powers of Metropolitan Board of Works.(b)

135. The sewers mentioned in Schedule (D.) to this Act, being the main sewers now vested in the commissioners of sewers of the city of London and in the metropolitan commissioners of sewers respectively, (c) with the walls, defences, banks, outlets, sluices, flaps, penstocks, gullies, grates, works, and things thereunto belonging, and power to such the materials thereof, with all rights of way and passage used and enjoyed by such commissioners respectively over and to such sewers, works, and things, and all other rights concerning or incident to such sewers, (d) works, and things, shall be vested in the Metropolitan

board to make sewers.

(a) See the Nuisances Removal Act, 18 & 19 Vict. c. 121, and the amending Acts, and the Sanitary Act, 1866, post, Appendix.

(b) See note to section 43, ante, as to powers and duties of the metropolitan board under other Acts of Parliament.

(c) See note to section 68, ante.

(d) Where a railway company, in executing their works, deprived a sewer belonging to the metropolitan board of its lateral support less than 20 years after it was made, it was decided by the Ex. Ch., affirming the judgment of the court below, that the board had acquired no right to such support for their sewer, and could not maintain an action for the sum awarded by the arbitrator under the Lands Clauses Consolidation Act for the damage; Metropolitan Board of Works v. Metroplitan Railway Company, L. R. 3 C. P. 612; 38 L. J. C. P. 192; 19 L. T. (N.S.) 744. Refer as to liability of the occupier and owner of a house for damage to the adjoining house by removal of the adjacent land without leaving sufficient support, Bower v. Peate, 40 J. P. 789; and see Bonomi v. Backhouse, 9 H. L. Ca. 503; as to prescriptive right to lateral support of a house for 20 years, refer to Angus v. Dalton, L. R. 4 Q. B. (C. A.) 162, overruling judgment of Q. B. D.

Board of Works, and such board shall make(e) such sewers and works Section 135. as they may think necessary for preventing all or any part of the sewage(f) within the metropolis from flowing or passing into the river Thames in or near the metropolis, and shall cause such sewers and works to be completed on or before the 31st day of December, 1860,(g) and shall also make all such other sewers and works, and such diversions or alterations of any existing sewers or works vested in them under this Act, as they may from time to time think necessary for the effectual sewerage and drainage of the metropolis,(h) and

(e) The 21 & 22 Vict. c. 104, s. 1, post, describes the works which the board are required to make, as "the necessary sewers and works 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 Thames within the metropolis." See sections 24 and 25 of 25 & 26 Vict. c. 102, post, as to formation and maintenance of bridges, arches, culverts, &c. As to obligations of vestries and district boards with respect to the construction of sewers, see the decisions referred to in note to section 69, ante.

(f) See definition of the word "sewage" in the 32nd section of 21 & 22 Vict. c. 104, for the purification of the Thames and main drainage of the metropolis.

(g) Extended by section 26 of 21 & 22 Vict. c. 104, as explained by section 26 of 25 & 26 Vict. c. 102, to 31st December. 1863. So much of this section as requires the completion of the works on or before the 31st December, 1860, was repealed by the Metropolitan Board of Works (Loans) Act, 1869. The Metropolitan Main Drainage Extension Act, 1863, had extended the time to the 31st December, 1866, and the Metropolitan Main Drainage Extension Act, 1865, extended the time for borrowing the sums authorised to be raised under the last-mentioned Act to 31st December, 1867.

(h) See certain Acts relating to the drainage of parishes, &c., not within the metropolitan area; namely, 34 & 35 Vict. c. 129, which authorises the Hornsey Local Board of Health to make a sewer in the parishes of Stoke Newington and Hornsey, to be connected by a junction with the northern high level sewer, with provisions, amongst others, for the payment of certain sums to the metropolitan board by the local board by way of contribution towards the making and maintaining the high level sewer, and maintaining and working the main drainage system; the 35 & 36 Vict. c. 163, repealing the 30th section of the last-mentioned Act as to the contribution towards the cost of the main drainage system and substituting other provisions, with power to the local board to borrow and to the metropolitan board to lend, with the consent of the treasury, money required for permanent works; the 36 & 37 Vict. c. 218, authorising the guardians of the Bromley Poor Law Union to connect, subject to the conditions and provisions specified, drains or sewers made or to be constructed within the Beckenham sewage area with the Penge and Bell Green sewer, with provisions for payment by the guardians to the Lewisham district board of the sum specified in the Act and the yearly sums mentioned, and also of certain yearly sums to the Metropolitan Board of Works as contribution towards the cost of the main drainage system, with the power of making assessments for these purposes, and a provision empowering the guardians to borrow and the metropolitan board to lend, with the consent of the treasury, the necessary sums for the purposes of the Act; the 37 & 38 Vict. c. 97, requiring the metropolitan board to permit the sewage of the South Hornsey district to be delivered into the northern high level and middle level sewers subject to the specified conditions with any others, provisions for payment to the metropolitan board by the local board of a capital sum by way of contribution towards the cost of constructing and maintaining those sewers, and certain yearly sums by way of contributing towards the current cost in respect of the main drainage

Section 135. shall discontinue, close up, or destroy such sewers for the time being vested in them under this Act, as they may deem unnecessary, and such board shall from time to time repair and maintain the sewers so vested in them, or such of them as may not be discontinued, closed up, or destroyed as aforesaid; and for the purposes aforesaid such board shall have full power and authority to carry any such sewers or works through, across, or under any turnpike road(a) or any street (b) or place laid out as or intended for a street, as well beyond as within the limits of the metropolis, or through or under any cellar or vault under the carriageway or pavement of any street and into, through, or under any lands whatsoever(c) within or beyond the said limits, making compensation(d) for any damage done

system, and of other sums therein mentioned; the 38 & 39 Vict. c. 163, constituting a body to be called the West Kent Main Sewerage Board, gives power for the construction of a main sewer from Beckenham to Dartford and other works, with provisions for communications between sewers of the metropolitan and district boards with the sewers of the sewerage board, and payment of contribution, with powers to the sewerage board to borrow, and to the metropolitan board to lend, money raised by the creation and issue of metropolitan stock; and 42 & 43 Vict. c. lxviii. confers further powers on the West Kent Main Sewage Board and its constituent authorities.

(a) See section 33 of 25 & 26 Vict. c. 102, post, providing for notice before breaking up turnpike roads and imposing other conditions.

See

(b) See interpretation of word "street," section 250, post, extended by section 112 of Metropolis Management Amendment Act, 1862. express power to metropolitan board to stop up streets, roads or ways, during execution of works, 25 & 26 Vict. c. 102, s. 21, post.

(c) The powers conferred by this section did not authorise the board to construct works on the soil or bed of the Thames. That power is, however, given by 21 & 22 Vict. c. 104, s. 2, but subject to the condition that the approval of the admiralty should have been previously obtained. Where, therefore, the board had executed works for carrying a sewer into the river, by which the plaintiff's ship was damaged, and the approval of the admiralty had not been obtained, they were held liable in an action for obstructing the navigation; Brownlow v. The Metropolitan Board of Works, 31 L. J. C. P. 140. Under the like words in the Public Health Act a local board were held entitled to make a sewer through private property raised above ground; Roderick v. Aston Local Board, 5 Ch. D. 328. See sections 24 & 25 of 25 & 26 Vict. c. 102, post, as to communications between lands through which works are carried; the provisions contained in sections 34 & 35 of 25 & 26 Vict. c. 102, post, as to notices and other requirements where works will affect any railway or canal; sections 27 and 28 of 21 & 22 Vict. c. 104, post, requiring approval of works under that Act by the admiralty and conservators of the Thames; and section 30, regulating works under or over the river Lea.

(d) Under this and the corresponding provision in section 69, boards and vestries are empowered to carry their sewers through any lands, &c., whatsoever, on the sole condition of making compensation, and they are not compelled to purchase the land itself, or any easement in it, and the provisions of the 150th, 151st, and 152nd sections, enabling them to purchase land or rights or easements in land which they may deem necessary for the formation or protection of works, do not restrict the exercise of this power: North London Railway Company v. Metropolitan Board of Works, 28 L. J. Ch. 909; 5 Jur. (N.S.) 121. It was held upon the construction of the Public Health Acts, 1848 and 1875, that a side entrance or man-hole is part of a sewer, that the local board had power to construct it under the Act, and that the owner of the land was only entitled to compensation caused by its being made; Swanston v. Twickenham L. B. of Health, 11 Ch. D. 838; 48 L. J. Ch. 623; 40 L. T. (N.s.) 734; 27 W. R. 924; 43 J. P. 206. The sole