powers as to tion to sewerage and drainage, and a resolution for so

sewerage to

litan board

the metropo- transferring such powers and duties be passed by a maof works (a). jority at a meeting of such vestry or district board, specially convened for the purpose of considering the question of such transfer, of which not less than fourteen days' notice shall have been given, and at which there shall be present not less than two-thirds of the whole number of such vestry or board, then such powers and duties, and all sewers and property vested in such vestry or board under this Act, for the purposes of or in connexion with such powers and duties, shall, at the expiration of one month after notice from such vestry or board shall have been given under their seal to the said metropolitan board of such resolution having been passed as aforesaid, become vested in the said metropolitan board, and the provisions of this Act for defraying expenses incurred by such board in the execution of this Act shall extend to expenses incurred by them in the execution of the powers and duties so transferred to them.

XC. All the duties, powers, and authorities for or in relation to the paving, lighting, watering, cleansing, or improving of any parish mentioned in schedule (A.) to this Act, or any part of such parish, now vested in any commissioners, or in any body other than the vestry of such parish, or in any officer of any commissioners or other body, and all other duties, powers, and authorities in anywise relating to the regulation, government, or concerns of any such parish or part, or of the inhabitants thereof, (except such duties, powers, and authorities as relate to the affairs of the church, or the management or relief of the poor, or the administration of any money or

(a) By the 28th sect. of the 25 & 26 Vict. c. 102, post, these powers are not to be transferred without the previous consent in writing of the metropolitan board.

(b) By the 25 & 26 Vict. c. 102, s. 73, post, certain provisions of the General Paving Act, 57 Geo. 3, c. 29, are extended to the metropolis. The 25 & 26 Vict. c. 102, s. 101, post, enables vestries and district boards to put an end to any powers of appointment of inspectors of weights and measures existing under any local Acts in their parishes or districts.

other property applicable to the relief of the poor, so far as such duties, powers, and authorities relate thereto,) (c) now vested under any local Act of parliament (d) in any commissioners, or in any body other than the vestry of such parish, or in any such officer, shall cease to be so vested, and shall, save as herein otherwise provided, become vested in and be performed and exercised by the vestry of such parish under this Act; and all the duties, powers, and authorities for or in relation to the paving, lighting, watering, cleansing, or improving of any parish included in any district mentioned in schedule (B.) to this Act, or any part of such parish, now

(c) The 19 & 20 Vict. c. 112, s. 1, post, provides, that where the power of making church rates was vested in an open vestry, or in any meeting in the nature of an open vestry meeting, such power shall not be deemed to have become vested in the vestry constituted under this Act, and the second section saves the rights of any such open vestry or meeting to make church rates or other powers vested in them, or any elected or other vestry, when such vestry or meeting acts exclusively in any district created for ecclesiastical purposes. Sect. 3 of 19 & 20 Vict. c. 112, declares that save as therein-before otherwise provided, all the duties, &c. (including such as relate to the affairs of the church, or the management or relief of the poor, &c.) shall be deemed to have become transferred to the vestries, &c. constituted under this Act, &c., except duties and powers relating to the affairs of the church, &c. vested in guardians, governors, &c. See Carter v. Cropley, cited in note to sect. 3 of 19 & 20 Vict. c. 112, post.

(d) See the 247th section, enacting that all Acts of parliament in force in any parish, &c., to which this Act extends, shall, so far as the same are inconsistent with the provisions of this Act, be repealed as regards such parish, &c. See a return made to the House of Commons on the motion of Sir B. Hall, relating to the paving, cleansing, lighting, &c., of each parish and extra-parochial place within the city of Westminster, the borough of Marylebone, &c., and other places included in the weekly bills of mortality; P. P. 127 (ordered to be printed 15th March, 1855). The return, so far as it extends, shows the parishes to which the Metropolitan General Paving Act, 57 Geo. 3, c. 29, the Lighting and Watching Act, 3 & 4 Will. 4, c. 90, or local Acts apply, and other particulars; and see Index to the public and private statutes, from 41 Geo. 3 to 22 Vict., part 2, containing local and personal, local and private Acts, compiled by order of the select committee on the library of the House of Lords.

Saving as to baths and

vested in any commissioners, vestry, or other body, or in any officer of any commissioners or other body, and all other duties, powers, and authorities in anywise relating to the regulation, government, or concerns of any such parish, or part, or of the inhabitants thereof (except such duties, powers, and authorities as relate to the affairs of the church, or the management or relief of the poor, or the administration of any money or other property applicable to the relief of the poor, so far as such duties, powers, and authorities relate thereto), now vested under any local Act of parliament in any commissioners, vestry, or other body, or in any such officer, shall cease to be so vested, and shall, save as herein otherwise provided, become vested in and be performed and exercised by the board of works for such district; and the provisions of every such Act of parliament as aforesaid shall be applicable to the vestry of every parish mentioned in the said schedule (A.) and to every such district board accordingly, and the offices of all commissioners and persons whose powers are determined by this Act shall cease and be determined, and there shall be no new appointment or election to any such office.

XCI. Provided always, that, save as regards the apwashhouses, pointment of auditors, nothing in this Act shall divest metropolitan burials, marthe vestry of any parish, or any commissioners or burial kets, and board appointed by any vestry, of any powers or procharitable trusts Acts. perty vested in them respectively under the provisions of the Act of the session holden in the ninth and tenth years of Her Majesty, chapter seventy-four, or any Act amending the same, or under the provisions of the Act of the session holden in the fifteenth and sixteenth years of Her Majesty, chapter eighty-five, or any Act amending the same, or in anywise affect the provisions of any of the said Acts (e); and nothing in this Act shall extend

(e) See 15 & 16 Vict. c. 85, an Act to amend the laws concerning the burial of the dead in the metropolis, amended by 16 & 17 Vict. c. 134, and 20 & 21 Vict. c. 35,

to or affect any rights, privileges, powers, or authorities vested in any persons in reference to any market, or any powers or rights for or in relation to the administration of any charitable trusts, save that any powers or rights in relation to any such trusts vested or which would have become vested in the existing vestry of any parish shall be vested in the vestry of such parish as constituted by this Act.

incurred

expenses in

XCII. Provided also, that all expenses of paving, Expenses lighting, watering, cleansing, or improving any parish under existor any part of any parish mentioned in either of the ing powers schedules (A.) and (B.) to this Act, and all other ex- paving, &c. relating to penses in relation to the regulation, government, or to be deemed public concerns of any such parish or part, or of the in- curred in habitants thereof, except only expenses incurred in re- this Act. lation to the affairs of the church, or for the management or relief of the poor, and other expenses by law payable out of any poor rate, which are not herein provided for, shall be deemed expenses incurred in the execution of this Act, and shall be defrayed accordingly (f).

execution of

XCIII. All property, matters, and things whatsoever As to the vested in such commissioners or other body, or in transfer of any property. such officer as aforesaid, under any such Act, in connexion with any such duties or powers as aforesaid, hereby transferred to the vestry of any parish or the board of works for any district, shall upon the commencement of this Act be vested in such vestry or board; and where any such property, matters, or things are vested in any such commissioners or body, or officer, acting for parts extending beyond such parish or district, the metropolitan board of works shall by their order declare in what vestry or district board they shall be vested, and may, if they see fit, apportion (g) the same

(f) The provisions for defraying these expenses are contained in the 158th and following sections.

(g) It appears by the annual report of the Metropolitan Board of Works, dated the 30th June, 1857, and presented to parliament, that under this provision, and the 180th section,

Existing contracts,

valid.

between the vestries and district boards within whose respective districts and parishes such parts may be situate, and the same shall be vested accordingly; and any money in the possession of any such commissioners or other body, or any such officer, which becomes vested in any such vestry or board under this enactment, and the income of any other such property, until sold or disposed of, shall be applicable, as nearly as may be, for the like purposes as if this Act had not been passed.

XCIV. Provided always, that all contracts (h), agree&c. to remain ments, bonds, covenants, or securities (i) made or entered into with or in favour of or by such commissioners or body, or any person in their behalf, or any such officer as aforesaid, before the commencement of this Act, shall remain as valid and effectual and be proceeded on and enforced as if this Act had not been passed; and no action, suit, prosecution, or proceeding commenced or carried on by or against such commissioners or body or any of them respectively shall abate or be discontinued or prejudicially affected by this Act, but shall continue

the board had made orders effecting apportionments of assets, debts, and liabilities in the case of the Foundling Estate affecting the parishes of St. Pancras, St. George, Bloomsbury, and St. George the Martyr, and of the Commercial-road trust, in which the parishes and hamlets of St. George in the East, Mile-end Old-town, Limehouse, Ratcliff, and Poplar were interested. The apportionments referred to in that report relating to the Ratcliff trust, the Goswell-street trust, the Clapham lighting trust, and the St. George's pavement commission have also since been completed.

(1) An action commenced after the Act came into operation, upon a contract for cleansing entered into before its passing with trustees under a local Act for a parish within schedule (B.), was held to be correctly brought against the new body, as the parties having control of the funds ultimately liable to the payment; Sinnott v. The Commissioners for Works for the Whitechapel District, 27 L. J. (N. S.) C. P. 177. See action on a bond given by the Corporation of London previously to the passing of the Thames Conservancy Act, Brown v. Mayor &c. of London, 31 L. J. (N. S.) Ch. 280.

(i) See provisions for discharging existing liabilities under Acts relating to paving, &c., sect. 180.