Section 93. days' notice of the intention to apply for such license shall be given to the vestry or district board of the parish or district in which any such place is situate, to the intent that such vestry or district board, if they think fit, may show cause against the granting of any such license, and also seven days' notice previous to such special sessions being held of the intention to apply for such license shall be given to the clerk of the justices for such division: Provided, that nothing in this Act contained shall extend to slaughter-houses erected or to be erected in the metropolitan cattle market under the authority of the Metropolitan Market Act, 1851, or the Metropolitan Market Act, 1857 (a). Month's notice to be given of applying for license for keeping slaughterhouse (b). Vestries and district boards to contract for removal of manure from stables or cowhouses Vestry or or expenses from owner 94. Before any license for the keeping or using of any house or place within the metropolitan police district (c) as a licensed slaughtering-house or place for the purpose of slaughtering or killing horses or other cattle not killed for butchers' meat shall be granted by any quarter sessions of the peace under the provisions of the Act of the session holden in the twenty-sixth year of the reign of His Majesty King George the Third, chapter seventy-one, or of the Act of the session holden in the seventh and eighth years of her present Majesty, chapter eighty-seven (d), or any Act amending either of the said Acts, one month's previous notice of the intention to apply for such license shall be given to the vestry or district board of the parish or district in which such house or place is situate, to the intent that such vestry or district board, if they think fit, may show cause against the grant of such license. 95. It shall be lawful for every vestry and district board, if they i their discretion think fit, to appoint and employ a sufficient number of persons, or to contract with any company or persons, for collecting and removing the manure and refuse straw from such stables and cowhouses within their parish or district, the occupiers of which may signify their consent in writing to such removal; provided that such consent shall not be withdrawn or revoked without one month's previous notice to the vestry or district board, and that no person shall be hereby relieved from any penalty or penalties to which they may be subject for placing dung or manure upon the footways or carriageways of any parish or district, or for having any accumulation or deposit of manure so as to be a nuisance or injurious to health (e). 96. The two hundred and seventeenth, two hundred and eighteenth, and two hundred and nineteenth sections of the firstly-recited Act are hereby repealed; and in lieu thereof be it enacted, that it shall be lawful for any vestry or district board, at their discretion, to require the payment of any costs or expenses which the owner of any premises may be liable to pay under the said recited Act or this Act (a) The Acts referred to are the 14 & 15 Vict. c. 61, and the 20 & 21 Vict. c. 21. (b) See Slaughter-houses (Metropolis) Act, post, Appendix. (c) See as to limits of metropolitan police district 10 Geo. 4, c. 44, s. 4 and schedule, and 2 & 3 Vict. c. 47, s. 2. (d) See 12 & 13 Vict. c. 92. (e) See 57 Geo. 3, c. 29, s. 64, post, Appendix, and section 60 of Metropolitan Police Act, 2 & 3 Vict. c. 47, and Nuisances Removal Act, 18 & 19 Vict. c. 121, s. 8, et seq. Section 96. or occupier, and occupier deduct from paying to rent (ƒ). either from the owner or from any person who then or at any time thereafter occupies such premises, and such owner or occupier shall be liable to pay the same, and the same shall be recovered in manner authorized by the recited Act and this Act; and the owner shall allow such occupier to deduct the sums of money which he so pays out of the rent from time to 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 (g) 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 contained shall be taken to affect Agreements any contract made or to be made between any owner and occupier of between any house, building or other property whereof it is or may be agreed landlord that the occupier shall pay and discharge all rates, dues, and sums and tenant of money payable in respect of such house, building, or other pro- not to be perty, or to affect any contract whatsoever between landlord and affected. tenant (h). 97. If the owner or landlord of any premises from whose rent any Deduction amount shall be deducted in respect of any costs, charges, or ex- by owner penses payable under the firstly-recited Act or this Act shall hold the paying premises in respect of which the amount of such costs, charges, or rent (i) (f) The 217th section hereby repealed, compelled the vestry, &c., to obtain payment from the occupier; the 218th limited the amount of rent which the occupier should be called on to pay; and the 219th declared that contracts between landlord and tenant with respect to the payment of rates, dues, and sums of money, should remain unaffected. These sections are in substance here re-enacted in this and the following section, with the additional provision that the vestries and district boards may, at their option, proceed against the owner in the first instance. See Metropolitan Board of Works (Loans) Act, 1869. (g) To entitle the occupier to avail himself of this provision, the money must have been actually paid, and a distress which became due after service of notice from a vestry, but before payment, is not illegal; Ryan v. Thompson, L. R. 3 C. P. 144; 37 L. J. C. P. 124. Judgment against a former owner for paving expenses is no bar to an action against defendant who occupied the premises as tenant to a succeeding owner; Vestry of Bermondsey v. Ramsay, L. R. 6 C. P. 247. (h) Where the lessee covenanted to discharge all taxes, rates, duties, and assessments which should be taxed, assessed, or imposed upon the tenant or landlord, and the vestry assessed a portion of the expenses of paving a new street upon the owner, it was held that this was "a duty or assessment" within the covenant; Thompson v. Lapworth, L. R. 3 C. P. 149. A tenant who has been compelled to pay the proportion of the expenses of a partywall or structure, payable under Metropolitan Building Act, 1855, by his landlord, may deduct from rent due to owner, or may recover in an action Earle v. Maugham, 14 C. B. (N.s.) 626; 10 Jur. (N.s.) 208. (i) This enables the person in immediate receipt of the rack-rent to deduct a proportionate amount of those expenses, when he himself, as is Section 97. where amount of expenses deducted from rent paid to him. Roads, &c., laid out as streets to be of full width of forty feet for carriage traffic, and twenty feet for foot traffic (c). expense shall be paid at a rent not less than the rackrent, he shall be entitled to deduct the whole amount paid by him on account of such costs, charges or expenses from the rent 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 (a) 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. 98. No existing (b) road, passage or way being of a less width than forty feet shall be hereafter formed or laid out for building as a street for the purposes of carriage traffic, unless such road, passage, or way be widened to the full width of forty feet, the measurement of the width of such street to be taken half on either side from the centre or crown of the roadway to the external wall or front of the houses or 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. (a) See, as to contracts between owners and occupiers, note to section 219 of 18 & 19 Vict. c. 120, ante. (b) This section applies to newly-formed roads as well as to roads existing at the time of the passing of the Act; R. v. Baker, 34 J. P. 823. (c) The power of making bye-laws 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 bye-laws 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. By the Metropolis Management and Building Acts Amendment Act, 1878, post, Appendix (by section 5 to be construed as one Act with Metropolis Local Management Act, 1855, and the amending Acts), it is enacted by section 6 that no house or building shall be constructed, or begun to be constructed, and no house or building shall be extended or begun to be extended, in such manner that the external wall or front shall be at less than the prescribed distance from the centre of the roadway, without the consent in writing of the board. See section 4 for the interpretation of term "pre buildings erected or intended to be erected on each side thereof (d); Section 98. 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 (e), and to the provisions and penalties of and under any bye-laws 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. 99. Provided that it shall be lawful for the metropolitan board of works to permit the formation of any such street of less width than herein before provided, or with one opening only, should they under any special circumstances deem it equitable and expedient so to do. 100. 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 moneys 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 dis Metropolitan streets of Power to vestries, &c., to borrow moneys for the improve ment of streets (f). scribed distance"; and section 10 of same Act provides, subject to certain conditions, that no street, &c., shall be formed for foot traffic without the consent of a justice, unless the space opened for foot traffic and carriage traffic be widened to the full width of 40 feet. (d) Where a magistrate found that the defendant, by erecting a permanent fence in a lane 28 feet wide, near his plot, did begin to lay out and form the road as a street for carriage traffic and that this 98th section only required a widening of the road to 20 feet from its centre to the defendant's boundary fence, and convicted him, the conviction was sustained; Taylor v. Metropolitan Board of Works, L. R. 2Q. B. 13; but where the respondent had done no act towards laying out a lane as a street for carriage traffic otherwise than by the removal of an old bank and fence, and substituted a new fence within his own land, it was held he was not bound to set back his fence so as to leave a space between it and the centre of the lane, and had committed no offence; Metropolitan Board of Works v. Clewer, L. R. 3 C. P. 531. Under a bye-law of the Birkenhead Improvement Commissioners requiring an open space of a certain extent between a building and the opposite property, the distance is to be measured from any and every part of the building, and it is not sufficient that some part of the building is at the specified distance; Anderton v. Birkenhead Improvement Commissioners, 32 L. J. M. C. 137. (e) See sections 105 and 202 of 18 & 19 Vict. c. 120, ante, and sections 52 and 77 of this Act. (f) This empowers vestries and district boards to borrow moneys for the purpose of effecting the improvements mentioned in the 72nd section. See note to that section, ante; and see as to loans by metropolitan board to vestries, district boards, &c., under the 34 & 35 Vict. c. 47, and other Acts, referred to in notes to section 183 of 18 & 19 Vict. c. 120, ante. Section 100. trict 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. Any vestry or district board may put an end to any powers of appointment of inspectors of weights and measures existing under any local Act in their parish or district. Penalties may be recovered in manner pro vided by 11 & 12 Vict. c. 43 (c). 101. If any vestry, commissioners, or other body in whom any duties or powers in relation to the appointment of inspectors or examiners of weights and measures are now vested under any local Act, charter, or otherwise, desire that such duties or powers should cease, and that inspectors of weights and measures appointed or to be appointed at general or quarter sessions, pursuant to the provisions of the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter sixty-three (a), 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 (b), at a meeting of the vestry or board specially convened for 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 at 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. 102. Every penalty or forfeiture imposed by this Act, and made recoverable by a summary proceeding, may be recovered before any justice of the peace in manner provided by the Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter forty-three. (a) 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. By the Weights and Measures Act, 1878, (6th sched., part 1), this section is repealed. By section 55 of the Act where, in the metropolis, any vestry, commissioners, or other body have powers, &c., under any local Act, charter, or otherwise, in relation to the apppointment of inspectors or examiners of weights and measures, such vestry, commissioners, or body may at a meeting specially convened for the purpose, of which not less than fourteen days notice has been given, resolve that it is expedient that their said duties and powers should cease in such a place. (b) See R. v. Overseers of Christchurch, cited and observations in note to section 28 of 18 & 19 Vict. c. 120, ante, as to what constitutes a majority. (c) See 18 & 19 Vict. c. 120, ante, as to recovery of penalties by summary proceedings under Jervis' Act, 11 & 12 Vict. c. 43. The penalties for any breach of the bye-laws under section 83, ante, are, by virtue of that section, and section 202 of 18 & 19 Vict. c. 120, recoverable by a similar proceeding. The Small Penalties Act, 1865, 28 & 29 Vict. c. 32, enacts |