ост. 13, 1855.] The Real Property Acts, 1855. 455 2nd July last, that from the passing of the extending the Law of Sewers, inasmuch as Act every infant in contemplation of his or the large powers thereby conferred on the her marriage, with the sanction of the Court Metropolitan Commissioners of Sewers may of Chancery, may make a valid settlement, materially affect the interests of the owners or contract for a settlement, of all or any of houses in the metropolis. part of his or her property, whether real or personal, and whether in possession, reversion, remainder, or expectancy. And every conveyance, appointment, and assignment of such real or personal estate, or contract, by such infant with the approbation of the Court, shall be valid and effectual; but the enactment is not to extend receiving objections in writing, from any to powers of which it is expressly declared they shall not be exercised by an infant (s. 1). In case any appointment under a power or disentailing assurance shall be executed by an infant tenant in tail and he or she shall die under age, such appointment or disentailing assurance shall become void (s. 2). The sanction of the Court to such settlement or contract may be given on petition presented by the infant or guardian in a summary way without suit; and if there be no guardian, the Court may appoint one, and direct notice of the petition to be given to persons appearing to be interested in the property (s. 3). The Act, however, does not apply to male infants under 20, nor females under 17 (s. 4). 2 III. LEASES OF LUNATICS' PROPERTY. By the 16 & 17 Vict. c. 129, where a lunatic is entitled to land in fee or entail, or leasehold lands, and it appears to the Lord Chancellor to be beneficial that a lease should be made for encouraging the erec tion of buildings, repairs, &c., the Committee under the Lord Chancellor's order may make such leases, subject to such rents and covenants as the Lord Chancellor may direct. But it has been considered that the Lord Chancellor cannot empower the Committee of a lunatic tenant in tail to grant leases as extensively as was intended. It is therefore now enacted by the 18 Vict. c. 13, s. 1, that where a lunatic is entitled to land in tail, the Lord Chancellor may authorise the Committee to grant leases in like manner as if the lunatic had been seised of the lands in fee simple. And every person to whom the reversion shall belong may have the like remedies against the lessee as the lunatic or his Committee. IV. SEWERS AND HOUSE DRAINAGE. 2 See the Act, page 198, ante. The Commissioners are authorised to give notice to the owners or occupiers of messuages, tenements, and premises, of their intention to construct sewers, drains, and other works of improvement, whether temporary or permanent, and the Commissioners are to appoint a time and place for party interested in such messuages, &c., and the Commissioners are to consider the objection, and if they execute the works are to ascertain the expenses, and divide them among the owners or occupiers, in such proportion as may be equitable, and the amount is to be paid by an improvement rate (s. 2). * 4 V. PROPERTY AND INCOME TAX. THE Income Tax Act (18 Vict. c. 20) imposes by the 1st section an additional rate of 2d. in the pound in respect of all property, profits, and gains, to be charged from the 5th April, 1855. By the 2nd section, it is provided that where by the several Acts in force any less rate than 1s. 2d. in the pound is chargeable, then such rate shall bear the same proportion to 18. 4d. as the rate now chargeable bears to 18. 2d. Provided that any person entitled to relief on the ground that his total income, though amounting to 1007., is less than 150l., shall be relieved from so much of the duties as shall exceed 114d. in the pound. The duties imposed by this Act and the Act of the last Session are to continue during the present war, and until the 6th April after the expiration of a year from the ratification of a definitive treaty of peace (s. 4).5 VI. INCLOSURE OF LAND, The 18 & 19 Vict. c. 61, enacts that the several proposed inclosures mentioned in the Schedule shall be proceeded with. See the Act, p. 275, ante. VII. INCUMBERED ESTATES (IRELAND): The 18 & 19 Vict. c. 73, enacts that all applications under the 12 & 13 Vict. c. 77; 15 & 16 Vict. c. 67, and 16 & 17 Vict c. 64, may be made within three years from 28th July, 1853; and all orders and pro 4 See the Act, page 139, ante. See the Act, page 197, ante. THE Acts relating to the Law of the present Session, printed in the Legal Observer, with an Analysis to each, will be found at the following pages: Purchasers' Protection, 18 Vict. c. 15,-p. 5. Lunacy Regulation Act, c. 13,—p. 32. Commons' Inclosure, c. 14,-p. 32. Newspaper Stamp Duties, c. 27,-p. 137. Sewers (House Drainage), c. 30,-p. 139. House of Commons' Proceedings, c. 33, p. 139. Income Tax, c. 20, p. 197. Stannary Courts' Jurisdiction, c. 32,-pp. 214, 236. Administration of Oaths Abroad, 18 & 19 Vict. c. 42,-p. 175. Ecclesiastical Courts (Defamation Suits Abolition), c. 41,-p. 176. Common Law Pleadings, c. 26,—p. 176. Infants' Marriage Settlements, c. 33,—p. 198. Palatine of Lancaster Trials, c. 45,-p. 241. Bills of Exchange and Promissory Notes, c. 67, p. 256. Cinque Ports, c. 48, p. 258. Commons Inclosure (No. 2), c. 61,-p. 275. Incumbered Estates Acts (Ireland) Continuance, c. 73,-p. 276. Places of Religious Worship Registration, c. 81, p. 276. Friendly Societies, c. 63, pp. 296, 319, 342. Limited Liability, c. 133,-p. 316. Despatch of Business, Court of Chancery, c. 134, p. 338. Charitable Trusts, 1855, c. 124,-p. 358. Crown Suits, c. 90,-p. 376. Criminal Justice, c. 126,-p. 377. Merchant Shipping Amendment Act, c. 91, -p. 395. Bills of Lading, c. 111,-p. 398. Youthful Offenders, c. 97,-p. 399. Metropolitan Buildings' Act, 1855, c. 122,pp. 415, 436. Metropolis Local Management Act, c. 120, -p. 456. METROPOLIS LOCAL MANAGEMENT ACT. 18 & 19 VICT. c. 120. The preamble of this Act states, "it is expedient that provision should be made for the better management of the Metropolis in respect of Sewerage and Drainage, and the Paving, Lighting, and Improvements thereof." The Act consists of 251 sections, besides various Schedules. The following is an analysis of the Act: Parishes with more than 2,000 rated householders to be divided into wards; s. 3. Secretary of State to appoint persons to set out the wards; s. 4. In case the relative amounts of population of wards vary in any future census, numbers of vestrymen assigned to the several wards may be altered; s. 5. Qualification of vestrymen rated at 401.; s. 6. First election of vestrymen under this Act; s. 10. Auditors of accounts to be chosen; s. 11. Notice of elections; s. 13. Churchwardens to appoint persons to preside at ward elections; s. 14. Rate collectors to assist at the elections; s. 15. Form of proceeding at elections; s. 16. A ballot may be demanded; s. 17. Duty of inspectors of votes; s. 18. Provision for case of equality of votes; s. 19. If vestry of any parish be reduced below two-thirds, vacancies to be filled up; s. 20. Penalty for forging or falsifying any voting paper, or obstructing the election; s. 21. auditors chosen by parishioners; s. 22. A list to be published of vestrymen and Penalty on inspector for making incorrect return; s. 23. Vestry to pay expenses of taking poll, &c.; s. 24. Provisions for places having no churchwardens; s. 25. How notices and lists to be published; s. 26. Churchwardens and other parish officers not complying with Act guilty of misdemeanor; s. 27. Quorum of vestries; s. 28. s. 29. Meeting to elect a chairman; s. 30. Districts and District Boards. Parishes in Schedule (B.) to be united, and form districts, and district boards constituted; OCT. 13, 1855.] New Statutes effecting Alterations in the Law. s. 50. Powers of Metropolitan Board to be exercised at meetings, there being not less than nine members present; s. 51. Meetings of the Metropolitan Board; s. 52. Chairman to preside at meetings, and during vacancy of his office, or in his absence, a temporary Chairman to be chosen; s. 53. Metropolitan and District Boards and Vestries, Constitution, &c. Disqualifications of members of Metropolitan Board and district boards and vestries of parishes in Schedule (A.) and (B.) and of auditors; s. 54. Members of Metropolitan and District boards, and of vestries of parishes in Schedule (A.) or (B.), may resign; s. 55. Retiring members of Metropolitan Boards and vestries may be re-elected; s. 56. No resolution of Metropolitan or any District Board, or of any vestry, to be revoked at a subsequent meeting, unless under certain circumstances; s. 57. Committees may be appointed; s. 58. Clerk and treasurer not to be the same person; s. 63. Penalty on officers, &c., being interested in contracts or exacting fees; s. 64. 457 If Officers, &c., intrusted with money to give security for duly accounting for the same. officer fail to render account, &c., justices may commit offender to prison; s. 65. Metropolitan and District Boards and vestries to provide proper offices, and to cause daily attendance to be given; s. 66. Vestries and District Boards.-Powers and "Vestry" in following provisions to mean vestry of a parish in Schedule (A.); s. 67. Sewers (except main sewers) vested in vestries and district boards; s. 68. Vestries and district boards to repair, &c., all sewers vested in them, and from time to time to construct new ones, &c.; s. 69. Power to vestries and district boards to do works of improvement in sewers, &c., the expense of which to be divided between the party liable and the parish or district; s. 70. Gullyholes, &c. to be trapped; s. 71. Vestries and district boards to cause sewers, &c., to be cleansed, &c.; s. 72. Vestry or district board in certain cases may compel owners, &c., of houses to construct drains into the common sewer. Penalty on owner, &c., for neglect; s. 73. Provision for combined drainage of blocks of houses; s. 74. No house to be built without drains con structed to the satisfaction of the vestry or district board; s. 75. Notice of buildings to be given to the vestry or district board before commencing the same; s. 76. Drains may be branched into any sewers constructed by Metropolitan Board or any vestry or district board under certain regulations; s. 77. district board to branch private drains into Power to Metropolitan Board or vestry or sewers, at the expense of the party to whom they belong; s. 78. Vestry or district board may agree to make house drains at the expense of owners or occupiers; s. 79. Vestry or district board may order a contribution towards construction of sewers in certain cases; s. 80. Penalty on erecting houses without proper waterclosets, &c. All houses to have proper waterclosets &c.; s. 81. Power for vestries and district boards to authorise inspection of drains, privies, and cesspools; s. 82. Penalty on persons improperly making or altering drains; s. 83. Where no default found, expenses to be paid by vestry or board; s. 84. Vestry or district board to cause drains, &c., to be put into proper conditions, &c., where necessary; s. 85. Vestry and district board to cause offensive ditches, drains, &c., to be cleansed or covered. Where works interfere with any ancient mill, &c., compensation to be made, or rights therein purchased; s. 86. Power to vestries and district boards to fill 458 New Statutes effecting Alterations in the Law. up ditches by the side of roads, and substitute pipes; s. 87. Power to vestries and district boards to provide public conveniences; s. 88. Vestries and district boards may transfer their powers as to sewerage to the Metropolitan Board of Works; s. 89. All powers relating to paving, &c., to be vested in vestries and district boards; s. 90. Saving as to Baths and Wash-houses, Metropolitan Burials, and Markets and Charitable Trusts Acts; s. 91. Expenses incurred under existing powers relating to paving, &c., to be deemed expenses incurred in execution of this Act; s. 92. Transfer of property; s. 93. Existing contracts, &c., to remain valid; S. 94. Existing commissioners, &c., under local Acts, continued in office until commencement of this Act; s. 95. Powers and duties of surveyors of highways, and property vested in them, transferred to vestries and district boards; s. 96. Saving of rates already made; s. 97. Vestry or district board to pave streets; s. 98. Owners possessing freehold of Courts, &c., to pave the same; s. 99. Owners of courts to drain them, and keep the pavement, &c., in repair. Penalty on owners for neglect; s. 100. Vaults, &c., under streets not to be made without the consent of the vestry or board; s. 101. Vaults, &c., under streets to be repaired by owners or occupiers; s. 102. Provision as to occupation of underground rooms; s. 103. District surveyors may be empowered to enter underground rooms and cellars; s. 104. Provisions for paving new streets; s. 105. Vestry or board may declare their intention of repairing any street, not being a highway; s. 106. Act not to authorise the making any thoroughfare without the consent of the proprietor of the estate; s. 107. Vestries and district boards may place fences, &c., to footways; s. 108. Notice to be given by companies to vestries and district boards when pavement, &c., is required to be taken up; s. 109. Streets not to be broken up, except under the superintendence of vestry or board. Streets broken up to be reinstated without delay; s. 110. [LEGAL OBSERVER, Power to vestry or district board to reinstate pavement, and charge the expenses to the parties; s. 114. Power for vestry or district board to contract with company for restoring pavements; s. 115. Watering of streets; s. 116. Vestry or district board to cause footways to be cleansed; s. 117. Vestries and district boards may appoint and pay crossing sweepers; s. 118. Owners, &c., to remove future projections on notice from vestry or district board. Penalty for neglect; s. 119. Vestry or district board may remove existing projections, and make compensation for the same; s. 120. Hoards to be erected during repairs. Penalty on not erecting hoards; s. 121. No hoard to be erected without licence from vestry or district board; s. 122. If hoard be erected or materials be deposited in any manner otherwise than to the satisfaction of the vestry or district board, the same may be removed; s. 123. Providing against accidents in laying out new streets, &c.; s. 124. Vestries and district boards to appoint scavengers; s. 125. Penalty for obstructing scavengers in performance of their duty; s. 126. Refuse collected to be vested in vestry or district board, who may dispose of the same towards defraying their expenses; s. 127. Owners or occupiers to pay scavengers for removal of refuse of trades; s. 128. Dispute as to what is refuse of trade, &c., to be determined by justices; s. 129. Vestries and district boards to cause streets to be lighted; s. 130. No slaughter-house to be licensed under the 14 & 15 Vict. c. 61, without notice to vestry or district board; s. 131. Vestries and district boards to appoint medical officers of health; s. 132. Inspectors of Nuisances; s. 133. Vestries and district boards to be the local authorities to execute the Nuisances Removal Acts; s. 134. Metropolitan Board of Works.—Powers and Duties. Main sewers vested in the Metropolitan Board of Works, and power to such board to make sewers; s. 135. Before works for intercepting the sewage are commenced, plans and estimate to be submitted to Commissioners of Works; s. 136. Metropolitan Board may declare sewers to be main sewers, and take under their jurisdic tion sewerage matters under jurisdiction of vestries and district boards; s. 137. Metropolitan Board to make orders for controlling vestries and district boards in construction of sewers, &c.; s. 138. Metropolitan Board may direct appointments to be made for two parishes or districts jointly; s. 139. Or may place a street in different parishe ост. 13, 1855.] New Statutes effecting Alterations in the Law. under the management of one vestry, or part of a parish under the management of vestry of adjoining parish; s. 140. Metropolitan Board to regulate naming of streets and numbering of houses; s. 141. Register to be kept of alterations in names of streets; s. 142. Buildings not to be brought beyond line of street; s. 143. Power to Metropolitan Board to make improvements; s. 144. Transfer of Powers of Metropolitan Commissioners of Sewers. Powers of Metropolitan Commissioners of Sewers to cease; s. 145. Actions, &c., not to abate, but to continue for or against Metropolitan Board of Works; s. 146. Rates made by Metropolitan Commissioners of Sewers to be recoverable under this Act; s. 147. Property vested in Metropolitan Commissioners of Sewers (except sewers transferred to vestries and district boards) transferred to the Metropolitan Board of Works; s. 148. Metropolitan Board of Works and Vestries and District Boards, their common powers. Power to boards and vestries to enter into contracts for carrying Act into execution. Power to compound for penalties in respect of breach of contracts; s. 149. Power to boards and vestries to purchase lands, &c., for the purposes of this Act; s. 150. Incorporation of Lands Clauses Act; s. 151. Lands not to be taken compulsorily, except by Metropolitan Board, with consent of Secretary of State; s. 152. Previous notice to be given; s. 153. Power to dispose of lands or property not wanted; s. 154. Owners of land may on sale reserve a right of pre-emption; s. 155. Penalty for withholding property transferred 459 Overseers on nonpayment of the rate shall be distrained upon; and in default of sufficient distress the arrears may be levied on the parish; s. 166. Provision for cases where the vestry of any parish in Schedule (A.) make the poor rate; s. 167. Special persons may be appointed to levy rates in certain cases; s. 168. Provision for deduction by tenants of sewers rate; s. 169. Metropolitan Board, expenses of. Sums to be assessed upon the city and other parts of the metropolis by Metropolitan Board for defraying expenses; s. 170. Right of inspecting county rate; s. 171. Payment to be obtained from the city and from parishes by precepts to the chamberlain of the city, and to vestries and district boards; s. 172. Payment of sums assessed upon the city; s. 173. Payment by vestries and district boards of sums assessed by Metropolitan Board; s. 174. Provision for assessing and levying rates in places where there is no poor rate. Mode of making the assessment. Allowance to assessors; s. 175. Places in Schedule (C.) not now under rating for sewers not to be rated except for intercepting sewers; s. 176. When assessment is made, notice thereof to be given, and all persons included in the assessment to have liberty to inspect it, &c. Penalty for refusing such inspection; s. 177. Collection of the rate charged in such assessment; s. 178. Appeal against assessment. The assessment Paving, &c. Boards and Sewers Commissioners' Provision for discharging existing liabito Metropolitan Board, or any vestry or dis-lities under local Acts relating to paving, &c. ; trict board; s. 156. Regulations as to breaking up turnpike roads; s. 157. Vestries and District Boards' expenses. How sums to be raised by vestries and district boards for defraying expenses; s. 158. Vestries and boards may exempt parts not benefited by expenditure from payment; s. 159. Provisions for cases where a part of a parish is placed under the management of the vestry or board of adjoining parish or district; s. 160. Overseers to collect the rate in the same manner as the poor-rate; 161. Public buildings and void spaces now rateable (except churches and burial grounds) to continue rateable; s. 162. Land to be rated to the Sewers rate at onefourth part of its annual value; s. 163. Existing exemptions in respect of sewers rate to be allowed; s. 164. Existing exemptions of land from lighting rates to be allowed; s. 165. s. 180. Provision for payment of liabilities of Metropolitan Commissioners of Sewers; s. 181. Where expenses have been incurred by the Metropolitan Commissioners of Sewers which may now be defrayed by improvement rates, or as charges for default, such rates, &c., may be levied by the Metropolitan Board; s, 182. Metropolitan and District Boards and Vestries, Borrowing Powers. Power to boards and vestries to borrow money on mortgage. No priority amongst mortgagees; s. 183. Public Works Loan Commission, under 14 & 15 Vict. c. 23, may make advances; s. 184. Form of mortgage. Register of mortgages; |