notice of any such order to the occupier of the premises affected thereby, or after such act, appeal (b) to the metropolitan board of works against the same; and all such appeals shall stand referred to the committee appointed by such board for hearing appeals as herein provided; and such committee shall hear and determine (c) all such appeals, and may order any costs of such appeals to be paid to or by the vestry or district board by or to the party appealing, and may, where they see fit, award any compensation (d) in respect of any act done by any such vestry or district board in relation to the matters aforesaid; provided that no such compensation shall be awarded in respect of any such act which may have been done under any of the provisions of this Act on any default to comply with any such order as aforesaid, unless the appeal be lodged within seven days after notice of such order has been given to the occupier of the premises to which the same relates. board to CCXII. The metropolitan board of works shall ap- Metropolitan point a committee for the purpose of hearing all such appoint a appeals as may be made to the said board as afore- committee said, which committee shall have power to hear and appeals (e). decide all such appeals, and the metropolitan board of beyond the general line. Doubts have been expressed as to whether any appeal is given to the metropolitan board against the resolutions and acts of vestries under s. 101, relative to vaults, arches, and cellars under the streets. The metropolitan board do in practice entertain such appeals, and it is presumed they have jurisdiction to do so. (b) The jurisdiction of the court of Chancery to interfere by injunction is not ousted by this appeal clause; Tinkler v. Board of Works for the Wandsworth District, 27 L. J. (N. S.) Ch. 342. (c) See 25 & 26 Vict. c. 102, s. 29, post, empowering appeal committee to vary the order appealed against. (d) See ss. 225, 226, as to recovery of compensation. for hearing Power to grant re ances to persons em metropolitan commissioners of sewers. works shall from time to time fill up any vacancy in such committee, and the chairman of the said board shall, by virtue of his office of chairman, be a member of the said committee in addition to the members appointed by the said board, and shall preside at all meetings of such committee at which he is present; and in case of a vacancy in the office of such chairman, or, in his absence, some other member of the committee shall be chosen to preside, and all the powers of such committee may be exercised by any three of them, and any member of such committee may at any time resign his office. Retiring Allowances to Officers of Commissioners of CCXIII. The metropolitan board of works may, if tiring allow- they deem it just, order the payment of retiring pensions or allowances, of such amounts and upon such ployed under terms as they deem just, to any officers or persons who have been employed under the metropolitan commissioners of sewers, and who shall not continue to be employed by the metropolitan board of works, or to any officer or person continued by the said board, having regard in the case of persons who have been employed under any of the commissions determined by the issuing of the first commission under the said Act of the eleventh and twelfth years of Her Majesty, chapter one hundred and twelve, to their employment under of such commissions, as well as under the said metropolitan commissioners of sewers, and to pay such pensions or allowances out of such monies raised by the said metropolitan board under this Act as to them may seem meet. any are to have the rights and remedies of the board with respect to improvement rates for expenses incurred under Metropolitan Sewers Acts. tion to offi CCXIV. Every officer to any commissioners, vestry, Compensaor other body whose powers in relation to paving, light- cers of paving, watering, cleansing, or improving, or otherwise in ing boards. relation to the regulation, government, or public concerns of any of the parishes mentioned in either of the schedules (A.) and (B.) to this Act, or any part of any of such parishes, are determined by this Act, and any paid surveyor of highways of any of such parishes, shall be entitled within six months after the commencement of this Act to make a claim for compensation in respect of any loss of emoluments arising from the passing of this Act, such claim to be made to the vestry of the parish in case the office of the claimant existed in any parish mentioned in the said schedule (A.), and in other cases to the district board of the district in which the office existed; and it shall be lawful for such vestry or board respectively to inquire, in such manner as they think fit, what were the nature and tenure of the office and the period for which the same has been holden by the claimant, and what were the lawful emoluments in respect of which compensation should be awarded; and the vestry or district board shall award a gross or yearly sum, and, in the case of a yearly sum, for such time as they think just upon consideration of the special circumstances of each case; but no such award shall be final until confirmed by the metropolitan board of works, and one month before any such award is taken into consideration by such board notice of such award shall be given to the party in whose favour the same is made, and such board shall take into consideration any representations which may in the meantime be made to them by the party in whose favour the award is made, and by the vestry or district board making the same, and such further information or representations in relation to the matter of any such award as the said metropolitan board may see fit to require or receive; and such board may confirm such award with or without any alteration therein as to them may seem just; and any person making any such claim to compensation whose claim is rejected by any vestry or district board may, within one month after notice to him of the rejection thereof, appeal against the determination of such vestry or district board to the metropolitan board of works, and such board shall consider all the circumstances of the case, and may, if it appear to them just, award compensation to the claimant in like manner as the vestry or district board are herein empowered to do; (f) and the determination or award of the said metropolitan board in reference to such claim shall be final; and all compensation awarded as aforesaid shall be paid out of the general rates to be levied under this Act in the parish or particular part of any parish to which the office in respect whereof the compensation is awarded related, so as to charge such parish or particular part therewith in exoneration of other parishes and parts: Provided always, that if any person to whom a yearly sum is awarded by way of compensation as aforesaid be appointed to any office or employment under the vestry of any of the said parishes, or under any district board, or the metropolitan board of works, or in the public service, the payment of the compensation so awarded shall be suspended so long as he continues to hold such office or employment if the emoluments thereof be equal to or greater than the amount of the emoluments of the office formerly held by him, and in case the emoluments of the office or employment to which he is appointed be not equal in (ƒ) Where a claimant, whose application had been rejected by a district board, appealed to the metropolitan board, who made an order awarding compensation, which order was brought up by certiorari to be quashed, on the ground of a want of jurisdiction, it was held that the question whether the claimant was an officer or not, was necessarily within the appellate jurisdiction of the metropolitan board, and that the certiorari had improvidently issued; R. v. Metropolitan Board of Works, 27 L. J. (N. S.) Q. B. 5. The court also refused a rule for a mandamus where the metropolitan board had altogether refused to award any compensation; R. v. Metropolitan Board of Works, 21 J. P. 69. amount to those of his former office, then no more of such compensation shall be paid to him than will, with the salary of his new appointment, be equal to the emoluments of his former office. Miscellaneous Clauses. or more persons are to or pay any try or district CCXV. Where, under the authority of this Act, two where two or more persons are or may be directed by any vestry or district board to do or join in doing any act, or to do any act pay or join in paying any sum of money, costs, or ex- sum of penses, or where any vestry or district board are autho- money, vesrized or think proper to permit two or more persons to board may join together in doing any act, or paying any sum of the same. money, costs, or expenses, it shall be lawful for the vestry or district board to apportion the matter to be done, or the sum of money, costs, or expenses to be paid, between such persons, in such manner as the vestry or board consider just and reasonable. apportion vestries and spread re expenses CCXVI. In all cases where any vestry or district Power to board is authorized to order any costs, charges, or ex- district penses to be paid by private parties it shall be lawful for boards to such vestry or district board to order and accept pay- payment of ment of such costs, charges, expenses, together with over a period interest thereon after a rate not exceeding 51. for the not exceeding twenty 1007. by the year, by instalments, within such period, years. not exceeding twenty years in each case, as they may determine, the amount thereof to be recoverable in the same manner as other expenses are to be recovered under this Act. [CCXVII. (g) It shall be lawful for any vestry or Occupiers to (g) This and the following two sections are repealed by the 96th sect. of the 25 & 26 Vict. c. 102. See that and the 97th sect. for provisions as to the payment of expenses to vestries and district boards by owners or occupiers; as to deductions by occupiers from their rent; and as to the deductions by owners or landlords receiving and paying rent. I pay expenses |