time becoming due in respect of the said premises as if the same had been actually paid to such owner as part of such rent: Provided always, that no such occupier shall be required to pay any further sum than the amount of rent for the time being due from him, or which, after such demand of such costs or expenses from such occupier, and after notice not to pay his landlord any rent without first deducting the amount of such costs or expenses, becomes payable by such occupier, unless he refuse, on application being made to him for that purpose by or on behalf of the vestry or district board, truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable, but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie upon such occupier: Provided also, that nothing herein con- Agreements tained shall be taken to affect any contract made or to be landlord made between any owner and occupier of any house, and tenant building, or other property whereof it is or may be affected. agreed that the occupier shall pay and discharge all rates, dues, and sums of money payable in respect of such house, building, or other property, or to affect any contract whatsoever between landlord and tenant.

between

not to be

paying

where

XCVII. If the owner or landlord of any premises from Deduction whose rent any amount shall be deducted in respect of by owner any costs, charges, or expenses payable under the firstly- rent (c) recited Act or this Act shall hold the premises in respect amount of of which the amount of such costs, charges, or expenses deducted shall be paid at a rent not less than the rackrent, he shall from rent be entitled to deduct the whole amount paid by him on account of such costs, charges, or expenses from the rent

(c) This enables the person in immediate receipt of the rackrent to deduct a proportionate amount of those expenses, when he himself, as is frequently the case, pays rent. A similar provision was contained with respect to the payment of special and improvement rates under the Metropolitan Sewers Act, 1848, 11 & 12 Vict. c. 112, s. 88.

expenses

paid to him.

Roads, &c.

laid out as

payable by him to his superior landlord; and if he holds at a rent less than the rackrent, he shall be entitled to deduct from the rent so payable by him a sum bearing the same proportion to the amount so paid by him on account of such costs, charges, or expenses as his rent shall bear to the rackrent; and if the owner or landlord from whose rent any deduction be made under the provision last aforesaid be himself liable to the payment of rent for the premises in respect of which the deduction shall be made, and hold such premises for a term of which less than twenty-one years shall be unexpired, but not otherwise, he may deduct from the rent so payable by him a sum bearing the same proportion to the sum deducted from the rent payable to him as the rent payable by him shall bear to the rent payable to him, and so on in succession with respect to every landlord of the same premises both receiving and liable to pay rent in respect thereof, and holding the same for a term of which less than twenty-one years shall be unexpired as aforesaid: Provided always, that nothing herein contained shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him: Provided also, that nothing herein contained shall be taken to affect any contract (d) made or to be made between any owner or occupier of any house, building, or other property whereof it is or may be agreed that the occupier shall pay and discharge all rates, dues, and sums of money payable in respect of such house, building, or other property, or to affect any contract whatsoever between landlord and tenant.

XCVIII. No existing road, passage, or way being of a less width than forty feet shall be hereafter formed or of full width laid out for building as a street for the purposes of car

streets to be

(d) See, as to contracts between owners and occupiers, note (k) to sect, 219 of 18 & 19 Vict. c. 120, ante, p. 170.

for carriage

for foot

riage traffic, unless such road, passage, or way be widened of forty feet to the full width of forty feet, the measurement of the traffic, and width of such street to be taken half on either side from twenty feet the centre or crown of the roadway to the external wall traffic (e). or front of the houses or buildings erected or intended to be erected on each side thereof; but where forecourts or other spaces are intended to be left in front of the houses or buildings, then the width shall be measured up to the fence or boundary dividing or intended to divide such forecourts or spaces from the public way, or for the purposes of foot traffic only, unless such road, passage, or way be widened to the full width of twenty feet, measured as aforesaid, or unless such streets respectively shall be open at both ends, from the ground upwards; and any road, passage, or way hereafter to be formed or laid out for either of the purposes aforesaid shall be deemed to be a new street, and become subject to all the provisions of the recited Acts and this Act (ƒ), and to the provisions and penalties of and under any byelaws made or to be made in pursuance thereof in relation to sewerage, drainage, or paving, and to width, construction, surface, inclination, and other requirements and particulars.

board may

XCIX. Provided that it shall be lawful for the metro- Metropolitan politan board of works to permit the formation of any permit for such street of less width than hereinbefore provided, or mation of with one opening only, should they under any special less width, circumstances deem it equitable and expedient so to do.

(e) The power of making byelaws conferred upon the metropolitan board by the 202nd section of 18 & 19 Vict. c. 120, is for regulating the plans, level, &c., of new streets and roads, and the byelaws promulgated by the board in pursuance of this authority applies to new streets only. This provision subjects to the same incidents as attach to new streets, old roads, and lanes newly laid out for building, and represses the mischief arising from building in narrow and ill-ventilated situations.

(f) See sects. 105 and 202 of 18 & 19 Vict, c. 120, and sects. 52 and 77 of this Act.

ante,

streets of

&c.

Power to

vestries, &c. to borrow monies for the improvement of streets (g).

Any vestry or district board

powers of

of weights

existing

under any

C. It shall be lawful for every vestry and district board mentioned in clause one hundred and eighty-three of the first-recited Act to exercise the power to borrow monies therein mentioned, with the sanction of the metropolitan board of works granted under their common seal, for the purpose of enabling such vestry or district board to make, extend, widen, alter, or improve any street, road, or way, for facilitating the passage and traffic within the parish or district for which such vestry or district board is appointed, or for the purpose of contributing to and of joining with the metropolitan board or with any other board or persons in any such improvement.

CI. If any vestry, commissioners, or other body in may put an whom any duties or powers in relation to the appointend to any ment of inspectors or examiners of weights and measures appointment are now vested under any local Act, charter, or otherof inspectors wise, desire that such duties or powers should cease, and and measures that inspectors of weights and measures appointed or to be appointed at general or quarter sessions, pursuant to local Act in the provisions of the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter sixty-three (h), and of any Act amending the same, should act in and for the parts to which such local Act extends, so far as regards their parish or district, and a resolution to that effect be passed by a majority (i), at a meeting of the vestry or board specially convened for

their parish or district.

(g) This empowers vestries and district boards to borrow monies for the purpose of effecting the improvements mentioned in the 72nd section. See note (d) to that section, ante, p. 298.

(h) See 5 & 6 Will. 4, c. 63, s. 17 et seq., as to the appointment, &c., of inspectors of weights and measures, and as to the districts for which examiners of weights and balances might be appointed under the earlier Act, 37 Geo. 3, c. 143. R. v. Justices of Devon, 1 B. & Ald. 588.

(i) See R. v. Overseers of Christchurch, and in re Eynsham, cited in note to sect. 28 of 18 & 19 Vict. c. 120, ante, p. 18, as to what constitutes a majority.

the purpose of considering the question of determining such duties or powers, of which not less than fourteen days' notice shall have been given, notice of such resolution shall be given by the clerk of such vestry or board to the clerk of the peace for the county in which their parish or district is situate; and such notice shall be laid by such clerk of the peace before the next court of general or quarter sessions of the peace for such county; and from and after the receipt of such resolution by such justices the appointment, and all powers of appointment, of any inspector or examiner appointed under any such local Act shall cease so far as regards such parish or district, but not so as to affect any pending proceedings for penalties or otherwise; and all the provisions of the said Act of the session holden in the fifth and sixth years of King William the Fourth, chapter sixty-three, and of any Act amending the same, shall apply to such parish or district as if such local Act were not in force therein.

may be re

CII. Every penalty or forfeiture imposed by this Act, Penalties and made recoverable by a summary proceeding, may covered in be recovered before any justice of the peace in man- manner proner provided by the Act of the session holden in the 11 & 12 Vict. eleventh and twelfth years of Her Majesty, chapter c. 43 (k). forty-three.

vided by

obtaining

CIII. The expenses incurred by the metropolitan Expenses of board of works in applying for and passing this Act, this Act to and preparatory or incident thereto, shall be and are be included hereby included among the general expenses of the ral expenses said board in the execution of the firstly-recited aud may be defrayed accordingly; and the expenses

Act,

(k) See 18 & 19 Vict. c. 120, ante, as to recovery of penalties by summary proceedings under Jervis's Act, 11 & 12 Vict. c. 43. The penalties for any breach of the byelaws under sect. 83, ante, are, by virtue of that section, and sect. 202 of 18 & 19 Vict. c. 120, recoverable by a similar proceeding.

(1) The expenses of the metropolitan board in relation to the passing of the Act are to be raised in manner prescribed by

among gene

of executing Acts (1).