Section 35. of office of the members going out of office at the time of such election. Provision as to parishes not electing as many as three members of a district board. Provision as to casual vacancies. Powers of district boards to be exercised at meetings not less than seven mem bers being present. Ordinary meetings of district boards. Special meetings of district boards. 36. The members of any such board first elected for parishes for which less than three members are by this Act appointed to be elected shall go out of office on the said first Wednesday in June, 1859, and members subsequently elected for such parishes to supply vacancies occasioned by members going out of office at the expiration of their term of office shall go out of office on the first Wednesday in June in the third year following their election; and the vestries of such parishes shall on the said first Wednesday in June in the year 1859, and in every third following year, elect members in the place of the members then going out of office. 37. When any member of any district board dies, resigns, or ceases to be such member, otherwise than by the expiration of his term of office (a), the vestry of the parish for which he was elected shall with all convenient speed elect a person to be a member of such board in his place; and every member of any such board elected to supply any such vacancy shall go out of office when the term of office of the member in whose place he is elected would have expired by effluxion of time. 38. All powers and duties vested in the board of works for any district may be exercised or performed at any meeting of such board holden under this Act, there being not less than seven members of the board present; and at every such meeting all questions shall be decided by the votes of the majority (b) of the members present; and the board may act notwithstanding any vacancies therein, and notwithstanding any omission to elect any member or members of such board, in pursuance of this Act. 39. The first meeting of the board of works for any district shall be holden on the Wednesday in the week next following the election of such board, at ten o'clock in the forenoon, at the place at which the vestry of the parish in such district first named in schedule (B.) to this Act usually meet; and every subsequent ordinary meeting shall be holden on and at such day, time, and place as the board may from time to time appoint in this behalf (c), subject, nevertheless, to the provision hereinafter contained (d), appointing the day on which meetings shall be holden for the first election of the metropolitan board of works. 40. A special meeting of any such board may be convened by any five members of the board, or by the clerk of the board, upon the requisition in writing of five members of the board, by a notice to the several members thereof forty-eight hours at least before the time of meeting, such notice to be signed by the members or clerk convening the meeting, and to specify the object thereof (e). (a) See section 54. (b) See as to what is a majority, note to section 28, ante. (c) See provision as to days of meeting of district boards, 25 & 26 Vict. c. 102, s. 37, post. (d) See section 45. (e) As to the sufficiency of a notice of the object of a vestry meeting under The General Highway Act for stopping up a highway, see R. v. Powell, 42 L. J. M. C. 129; L. R. 82 Q. B. 403; also of the special purpose 41. Every such board shall at every meeting of such board, before proceeding to business, elect a chairman of such meeting, and such chairman, in case of an equality of votes on any question, shall have a second or casting vote. Incorporation of Vestries and District Boards. Section 41. Chairman to be elected at meeting of board. District boards and vestries of parishes in 42. The board to be constituted as aforesaid for every such district shall be a body corporate by the name of "The Board of Works for the district," and the vestry of every parish mentioned in schedule (A.) to this Act shall be a body corporate, by the name of "The Vestry of the Parish of in the County of ," and schedule every such board and vestry shall by such name respectively have perpetual succession and a common seal (ƒ), and shall sue and be sued, and have power and authority (without any license in mortmain) to take, purchase, and hold land for the purposes of this Act. Constitution and Incorporation of Metropolitan Board of Works (g). 43. A board, to be called "The Metropolitan Board of Works," shall be constituted as hereinafter mentioned, and such board shall by such name be a body corporate, and have perpetual succession and of a vestry meeting under 59 Geo. 3, c. 12; Blunt v. Harwood, 8 A. & E. 610; see also R. v. Just. Salop, 29 J. P. 260. (f) For decisions as to the necessity of a seal in contracts for works, and documents and proceedings generally, refer to note to section 149, post. (g) The general powers of the Metropolitan Board of Works with respect to sewerage are contained in a series of provisions commencing with the 135th section of this Act together with the 32nd and other sections of the amending Act, 25 & 26 Vict. c. 102. The board were also, by 21 & 22 Vict. c. 104, invested with extended powers for effecting the purification of the Thames and the main drainage of the metropolis. That Act removed the restrictions contained in the 135th & 136th sections of this Act, limiting the period for the completion of the main drainage works, and requiring, before any plan should be carried out, the approval of the commissioners of her majesty's works, and it enacted that the board might execute the necessary works according to such plans as to them might seem proper. It also altered the direction in this section to the effect that works should be executed for preventing the sewage of the metropolis from passing into the Thames in or near to the metropolis, and authorized the board to carry out works for preventing as far as might be practicable the sewage of the metropolis from passing into the Thames within the metropolis. It conferred upon the board additional powers for constructing works under the bed, banks and shores of the Thames, and extended the period for the completion of the works to the 31st December, 1863. It further empowered the board to borrow with the consent of the Treasury, up to the 31st December, 1866, sums not exceeding three million pounds for the purposes of the Act on bonds, debentures, or other securities, on such terms as the commissioners of the Treasury might approve; and it authorized those commissioners to guarantee payment of principal and interest. It required the board to cause to be raised each year during 40 years from the passing of the Act a sum equivalent to a rate of 3d. in the pound, to be called the Metropolitan Main Drainage Rate, and enacted that for the purposes of the assessment under the Act, all parts of the metropolis should be deemed to be equally benefited ; with a power to the board to make rates on default of the vestries. They were, until the works should be completed, to deodorize the sewage; and the Act required that all works executed under it should be so con C (A.) incorporated. Metropolitan Section 43. structed and kept as not to be a nuisance. By section 27 of 21 & 22 Vict. c. 104, the previous approval of the Admiralty was required of works to be executed upon the bed or shores of the Thames, and by section 28 that of the conservators of the Thames. The powers of the last-mentioned Act were extended by the Metropolitan Main Drainage Extension Act, 1863, which authorized the board to borrow in manner provided any sum not exceeding one million two hundred thousand pounds, in addition to the three million pounds authorized to be borrowed under the former Act. The Commissioners of the Treasury were authorized to guarantee the payment of the principal and interest in manner therein mentioned. The same Act made provisions for the application of the moneys borrowed, and extended the time for the completion of the works until the 31st December, 1866. The 28 Vict. c. 19 enlarged the time for the borrowing by the board of the moneys authorized by the Main Drainage Extension Act, 1863. This Act was repealed by the Metropolitan Board of Works (Loans) Act, 1869, to the extent defined by the 3rd schedule, subject to the qualifications expressed in section 5. That Act repealed, with the exceptions mentioned, the 4th section of this Act (21 & 22 Vict. c. 104) and the other sections relating to the borrowing of money, and substituted other provisions for this object. The 33 & 34 Vict. c. 140 (Thames Navigation Act, 1870), required the board, at their own expense, to keep the Thames free from banks or other obstructions to the navigation arising from the flow of sewage at their out-falls into the river, with power to dredge and remove such banks or obstructions subject to the approval of the conservators; and the works were required to be executed under their superintendence, with provisions for the settlement of disputes by arbitration. See reference to Acts for the drainage of certain localities without the limits of the metropolis in note to section 135, ante. The Thames Embankment Act, 1862 (25 & 26 Vict. c. 93) empowered the board to embank the north side of the Thames from Westminster Bridge to Blackfriars Bridge, and to make new streets in and near thereto. The powers of the board in relation to the embankment of the Thames and improvements connected with it were extended and varied by subsequent Acts. See a reference to the whole of these Acts in note to section 9 of 24 & 25 Vict. c. 42, The London Coal and Wine Duties Continuance Act, 1861, post, appendix. Numerous additional duties were imposed upon the metropolitan board by other statutes. The Metropolitan Building Act, 18 & 19 Vict. c. 122 (amended by 23 & 24 Vict. c. 52, 24 & 25 Vict. c. 87, 32 & 33 Vict. c. 82, and 41 & 42 Vict. c. 32) conferred various powers upon them with respect to the limits of districts, the appointment of district surveyors, the modification of rules for the construction of buildings, and other matters. The 41 & 42 Vict. c. 32, the Metropolitan Management and Building (Amendment) Act, 1878, contains provisions relative to houses and buildings in close proximity to certain roads, &c., empowering the board to cause alterations to be made in theatres and music halls, to make regulations with respect to the position and structure of new theatres and music halls, the making and preparation of foundations and sites of houses, &c., with other powers. The 28 & 29 Vict. c. 90, Metropolitan Fire Brigade Act, 1865, imposes upon the board the obligation of extinguishing fires, and protecting life and property in case of fire within the metropolis, including the city of London. By the 29 & 30 Vict. c. 122, Metropolitan Commons Act, 1866, the same body are empowered to present a memorial to the inclosure commissioners in relation to any common within the area of the metropolis, who are thereupon to make inquiries and prepare a scheme for its management. For a list of the Metropolitan Commons Supplementary Acts confirming schemes prepared by the inclosure commissioners pursuant to this Act for the management of commons, refer to note to section 3 of the Metropolitan Commons Act, 1866, post, appendix. By 26 Vict. c. 13, an Act for the protection of certain gardens and ornamental grounds in cities and boroughs, the board are appointed to carry out its provisions in any places within their jurisdiction, except in the city of London, where similar powers are exercised by the corporation. The 37 Vict. c. 10 authorizes the board to acquire and maintain Leicester Square as a place of public recreation; and 40 & 41 Vict. c. 35, Open Spaces (Metropolis) Act, 1877, empowers the board to acquire and hold gardens in squares, &c., for the public benefit. They are by 23 & 24 Vict. c. 125, Metropolitan Gas Act, 1860, together with the vestries and district boards, the local authority for the purposes of the Act. The Sale of Gas Amendment Act, 1861, transferred (so far as relates to the metropolis) to the metropolitan board the powers conferred upon justices of the peace by 22 & 23 Vict. c. 66, as amended by 23 & 24 Vict. c. 146, as to copies of models of gas meters, the appointment of inspectors, &c., and by special Acts relating to particular companies more particularly referred to in the note to Metropolitan Gas Act, 1860, post, appendix, the board are required to perform the duties specified for enforcing compliance with the provisions of the Acts relating to the illuminating power, purity, and pressure of gas and other matters. They are constituted the local authority for the metropolis (except the city of London and its liberties) for the purposes of 38 Vict. c. 17, the Explosives Act, 1875, and subject to the exception in section 67 as to the harbour authority: and with similar exceptions, as to the city of London and its liberties for the purposes of 34 & 35 Vict. c. 105, the Petroleum Act, 1871. They are the local authority for the metropolis (except the city of London and liberties) for the purposes of the Contagious Diseases (Animals) Act, 1878, and also subject to the provision in section 9 to the effect that the corporation shall alone be the local authority for the metropolis for the purposes of the Act which relate to foreign animals. They are also the local authority for the metropolis (exclusive of the city of London and liberties) for the purposes of the following Acts :The 38 & 39 Vict. c. 36, The Artizans and Labourers Dwelling Improvement Act, 1875. The 33 & 34 Vict. c. 78, Tramways Act, 1870. The 37 & 38 Vict. c. 67, Slaughterhouses (Metropolis) Act, 1874. The 34 & 35 Vict. c. 113, Metropolis Water Act, 1871 (to be construed as one with the Act of 1852). The 35 & 36 Vict. c. 38, Infant Life Protection Act, 1872. The 40 & 41 Vict. c. 68, Destructive Insects Act, 1877. The 28 & 29 Vict. c. 83, Act for regulating the use of locomotives on turnpike and other roads, amended by 41 & 42 Vict. c. 77. For a reference to the Acts confirming schemes prepared under the Artizans and Labourers Dwellings Improvement Act, 1875, for the improvement of unhealthy areas, see note to section 6 of that Act, post, appendix. By 31 and 32 Vict. c. 80, Metropolitan Subways Act, 1868, the board are authorized to require companies to lay pipes for water, gas, &c., in the subways. The 41 & 42 Vict. c. 29, Monuments (Metropolis) Act, 1878, invested them with powers for preserving and maintaining the obelisk known as Cleopatra's Needle, and other monuments, and for effecting other objects. Most of the Acts above referred to are printed in the appendix; see 24 & 25 Vict. c. 42, Coal and Wine Duties Continuance Act, 1861, post appendix, and reference in notes to that Act, to 26 & 27 Vict., the Coal & Wine Duties Con. Act, 1863, 31 Vict. c. 17, Coal & Wine Duties Con. Act, 1868, and 32 & 33 Vict. c. 19, Kew and other Bridges Act, 1869, incorporating a joint committee to consist of six members of the corporation of London and six members of metropolitan board for the purpose of accelerating the period for freeing from toll the bridges specified, with power to raise money to be applied to that object, and 37 & 38 Vict. c. 21, Section 43. Note. Section 43. Three members of metropolitan board to be elected for the city. Vestries of and district board to elect members of the metropolitan board. a common seal (a), and sue and be sued, and have power and authority (without any license in mortmain) to take, purchase, and hold land for the purposes of this Act. 44. The mayor, aldermen, and commons of the city of London, in common council assembled, shall, on the 12th day of December, 1855, elect three persons to be members of the said metropolitan board, and shall, when any member of such board elected by the said mayor, aldermen, and commons dies, resigns, or otherwise ceases to be such member, elect some person in his place (b). 45. The vestry of each of the parishes mentioned in the first part single parishes of the said schedule (A.) shall, at a meeting of such vestry to be holden on the 12th day of December, 1855, elect two persons to be members of the said metropolitan board of works; and the vestry of each of the parishes mentioned in the second part of the said schedule (A.) except the parish of Rotherhithe, and the board of works for each of the districts mentioned in the first part of the said schedule (B.), shall, at a meeting of such vestry and board respectively to be holden on the last-mentioned day, elect one person to be a member of the said metropolitan board; and every such vestry and board shall, when any member of such metropolitan board, elected by such vestry or board, dies, resigns, or otherwise ceases to be such member, elect a person to be a member of the said metropolitan board in the place of the member so dying, resigning, or otherwise ceasing to be such member. Boards for districts of Plumstead and Lewisham united for electing a member of metropolitan board. 46. The districts of Plumstead and Lewisham, mentioned in the second part of the said schedule (B.), shall be united for the purpose of electing from time to time a member of the metropolitan board of works; and the boards of works for such districts shall, at a joint meeting of such boards, to be held on the said 12th day of December, 1855, at the place of meeting of the board of works for the district of Plumstead, elect a person to be a member of the said metropolitan board; and when any member of such board elected by the boards of works for the said united districts dies, resigns, or otherwise ceases to be such member, such boards of works shall, at a joint meeting of such boards to be holden at the place aforesaid, elect some person in his stead; and such meeting shall be convened as follows; that is to say, the clerk of the board of works for the district of Plumstead shall communicate with the clerk of the board of works for the dis Kew and other Bridges Act, 1869, Amendment Act, 1874, which authorized the raising of an additional sum for the same purpose. The 31 & 32 Vict. c. 154, Lea Conservancy Act, 1868, for the preservation and improvement of the River Lea, incorporates a board of conservancy to consist of 13 members, one to be appointed by the metropolitan board. By 40 & 41 Vict. c. 17, Metropolitan Bridges Act, 1877, the board are required to extinguish the tolls on the bridges over the Thames, and that over Deptford Creek, and hereafter to maintain such bridges. For an enumeration of the new streets and thoroughfares, and other improvements carried out by the board under the powers conferred by, and statutes obtained under, the 144th section of this Act and the 75th section of the Metropolis Management Amendment Act, 1862, refer to note to the first-mentioned section, post. 8 See note to section 149, post. See sections 54, 55. |