Saving general jurisdiction of courts of law and equity. Expenses of Expenditure of local authorities under this Act. powers now vested in any local authority within the metropolis, or any powers now exercised or possessed in respect of the manufacture or supply of gas within the metropolis by any railway company, or by any other person or persons making or supplying gas for his or their own use, and not making or supplying gas to the public as a trade or business: Provided that if the said local authority shall refuse or delay their consent to any company to lay down mains or pipes in accordance with the provisions of this Act (c), it shall be lawful for the said secretary of state under his hand to authorize the same to be laid down without such consent; and after the date of the application by such company to the said secretary of state for such consent no penalty shall be incurred by any default of such company, so far as it is occasioned by such refusal only. LV. Provided, that no special remedy or provision for giving relief to any person given by this Act shall prejudice or diminish the general jurisdiction of any of Her Majesty's superior courts of law or equity over or with respect to the acts or defaults in respect of which the special remedies or provisions are so given. LVI. The costs, charges, and expenses of and incident to the passing of this Act, and preliminary thereto, shall be paid by the metropolitan board of works (d), out of such funds as may be and shall be levied by their authority from the several vestries and district boards, in proportion to their annual rateable value, and such amount shall be included in the precept of the metropolitan board under the authority of the Act of the eighteenth and nineteenth years of Her present Majesty, chapter one hundred and twenty, for the local management of the metropolis. LVII. All the expenditure from time to time made or incurred by any local authority under the authority of this Act may and shall be defrayed by the local authority out of any rate raised under the provisions of the Act of the session of the eighteenth and nineteenth years of Her present Majesty, chapter one hundred and twenty, for the local management of the metropolis. (c) See as to consent of vestries and district boards in case of works by companies, 18 & 19 Vict. c. 120, s. 109, et seq., ante, p. 76. (d) Held, that a parliamentary agent who had been employed by certain persons to obtain this Act could not maintain an action against the metropolitan board to recover his costs attending the passing of the Act; Wyatt v. Metropolitan Board of Works, 31 L. J. (N. S.) C. P. 217. SCHEDULE to which Fifth Section of the foregoing Act refers. Name of Gas Company. The Crystal Palace District Gas Company. The Woolwich, Plumstead, and Charlton Consumers Gas Company. The Woolwich Equitable Gaslight and Coke Company. The Wandsworth and Put. ney Gaslight and Coke pany. The Brentford Gas Company. The Victoria Docks Gas Company. The Eltham Gaslight and Coke Company, Limited. The West Ham Gas Company. Mitcham, Merton, and Tooting Gas Company. The Brentford Gas Act, The district now actually 1858. The Victoria Docks Gas Act, 1857. Articles of association under the Joint Stock Companies Act, 1856. The West Ham Gas Company's Act, 1856. Articles of association under 7 & 8 Victoria, cap. 110. supplied by the company. The district defined by their said special Act. The parish of Eltham. The district defined by their said special Act. The parishes and villages of and adjacent to Mitcham, Merton, and Tootin 23 & 24 VICT. CAP. 146. AN ACT TO AMEND THE ACT FOR REGULATING MEASURES 28TH AUGUST, 1860. WHEREAS delays have occurred in preparing the models of measures, according to the provisions of an Act passed in the 22 & 23 Vict, last session of parliament, intituled "An Act for regulating c. 66. Calculation of time specified in Measures used in Sales of Gas," and it is expedient to defer the time when several of the provisions of the said Act come into operation, and further to amend the same: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. Except as to things done before the passing of this Act under the authority of the said Act, where in the said Act recited Act. anything is required to be done within a specified time after the passing of the same, such time shall be calculated as if the 13th day of October, 1860, had been the date of the passing of the said Act: Provided always, that notwithstanding any thing in the said Act contained, the said Act shall not come into operation in any county of England until the magis trates of such county in quarter sessions, or in any county in Scotland until the commissioners of supply of such county, or in any county of Ireland until the grand jury of such county, shall have resolved to bring such county under the operation of the Act (e). (e) So much of this section as relates to magistrates bringing the county under the operation of the Act is repealed as to the metropolis. See sect. 2 of 24 & 25 Vict. c. 79, post. II. This Act and the recited Act shall be construed toge- Construction ther as one Act, and all penalties and forfeitures incurred of Acts, and recovery of under the provisions of either Act shall be sued for and repenalties. coverable in all counties, ridings, or divisions in England and Ireland before two or more justices of the peace at petty sessions, or before the mayor or other chief magistrate of any city, borough, town, or place. 24 & 25 VICT. CAP. 79. AN ACT TO AMEND THE METROPOLIS GAS ACT. 6TH AUGUST, 1861. WHEREAS it is expedient to extend the powers in relation to gas vested in the metropolitan board of works (a) by "The Metropolis Gas Act, 1860:" Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: I. All powers conferred on the justices of the peace of any Powers concounty in general or quarter sessions assembled (b), by the ferred on Act passed in the twenty-second and twenty-third years of the peace by (a) The metropolitan board are by the 4th section of that Act, included in the expression "local authority," and are by sect. 7 empowered to present a memorial to the secretary of state, complaining of the quantity or quality of the gas supplied to every lamp, only with a view to the appointment of and receiving report by the inspector. The other duties cast upon the local authority by the Act seem to appertain only to the vestries and district boards. (b) The 22 & 23 Vict. c. 60, s. 4, defines the duties of justices in general or quarter sessions with respect to determining the number of copies of the models of gasholders for the testing of meters, providing copies verified and stamped, with stamps for stamping meters, and fixing places where they shall be deposited, and the appointment of inspectors of meters, and allotting them districts. The 9th section requires the justices to appoint the time and place at which inspectors shall justices of c. 66, as amended by 22 & 23 Vict. the reign of Her present Majesty, chapter sixty-six, intituled "An Act for regulating Measures used in Sales of Gas," as 23 & 24 Vict. amended by an Act passed in the session of the twenty-third c. 146, in so and twenty-fourth years of the reign of Her present Majesty, far as relates chapter one hundred and forty-six, and intituled "An Act to to the me tropolis, transferred to the metropolitan board of works. So much of sect. 1 of 23 & 24 Vict. c. 146, as respects the metropolis, repealed. amend the Act for regulating Measures used in Sales of Gas," shall, in so far as relates to the metropolis, as defined by an Act passed in the session holden in the eighteenth and nineteenth years of Her present Majesty, chapter one hundred and twenty, and intituled "An Act for the better Local Management of the Metropolis," be transferred and vested in the metropolitan board of works, and so many of the said powers as are conferred by section four of the said Act of the twenty-second and twenty-third years of the reign of Her present Majesty, shall be exercised by such board within two months after the passing of this Act, and so from time to time thereafter as in the said Act mentioned, and all expenses incurred by the said board in pursuance of this Act shall be defrayed by them out of rates leviable by them within their jurisdiction exclusive of the city of London (e). II. So much of the said Act passed in the session holden in the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and forty-six, as provides that, notwithstanding anything contained in the said Act for regulating measures used in sales of gas, the said Act shall not come into operation in any county of England until the magistrates of such county in quarter sessions shall have resolved to bring such county under the operation of the Act, shall be repealed so far as respects the metropolis as herein. before defined. attend with the copies of models (c) By the 22 & 23 Vict. c. 66, s. 7, these expenses are to be paid, in the city of London, out of the consolidated rate raised by the commissioners of sewers for the city. |