Vict. c. 98, s. 25). In case the District of any elected Local Board becomes a corporate borough, the powers of such Board are transferred to the Council, which thereupon becomes the Local Board (11 & 12 Vict. c. 63, s. 33; 21 & 22 Vict. c. 98, s. 26). Adjoining Districts may unite, with the sanction of the Secretary of State (21 & 22 Vict. c. 98, s. 27). And a Local Board, with consent, may execute works in any place adjoining its own District (s. 28).

NUISANCES REMOVAL ACTS.

The Local Authority to execute these Acts shall be the Local Board of Health, where such exists, and the Council in boroughs having no Local Board; the Improvement Commissioners, where such exist; and where neither of these bodies, the Guardians of the poor; or where no Guardians, the Overseers (23 & 24 Vict. c. 77, s. 2) (a); save that existing Highway Boards, or Nuisance Removal Committees, may continue to act, but so long only as they be annually chosen by the Vestry (b), or

(a) In Ireland the Commissioners appointed under the Medical Charities Act (14 & 15 Vict. c. 68, s. 19) are to be the Commissioners for executing the powers of the Nuisances Act, 1848 (11 & 12 Vict. c. 123, and 12 & 13 Vict. e. 111).

(b) A VESTRY, so called from the room where the priest puts on his vestments, in which it is usually held, is the assembly of the parish met in any convenient place for the dispatch of business (Shaw's Par. L. c. 17). By 13 & 14 Vict. c. 57, powers are given for providing rooms distinct from the church for holding vestry meetings and appointing vestry clerks. Vestry meetings are convened by notice in writing, stating the time and place of holding the same and the special purpose thereof, signed by a churchwarden, the incumbent, curate, or an overseer of the parish, and affixed on or near to the principal door of each church or chapel in the parish previously to the commencement of divine service (58 Geo. 3, c. 69, s. 1, amended by 1 Vict. c. 45, 88. 1, 2, 3).

The incumbent of the parish presides by right, if present (Wilson v. M'Math, 3 Phillim. 67); if absent, a chairman is elected by the meeting, who has a casting vote (58 Geo. 3, c. 69, s. 2). Every inhabitant or person occupying land within the parish rated to the poor at any amount under 501. is entitled to one vote, and all persons rated at 50l. or upwards are entitled to a vote for every 25l. value. No person, however, is entitled to more than six votes. Joint property may be represented by one of the owners, if but one present, in respect of the whole of the joint charge (Ibid., s. 3, and 59 Geo.

employ sanitary inspectors (s. 3): and save also the Vestries and District Boards in the metropolis (s. 6). The Local Authority may appoint a committee of their own body to act, as the Nuisances Removal Committee, two to be a quorum (s. 5; and 3, c. 85, s. 1). New inhabitants may vote in respect of property for which they are liable to be rated (58 Geo. 3, c. 69, s. 4); but no person is entitled to vote who shall not have paid the last poor rate actually charged upon him (Ibid. s. 5, explained by 59 Geo. 3, c. 85, s. 3), if such rate shall have been made or become due three calendar months or more immediately preceding such vestry meeting (16 & 17 Vict. c. 65, s. 1). A clerk or agent may vote for a corporation or company (59 Geo. 3, c. 85, s. 2).

The votes of parishioners in vestry are to be taken by show of hands or by poll. The chairman is bound to ascertain the numbers if requested, for his decision is not conclusive on a show of hands (R. v. St. Pancras, 11 Ad. & E. 15). A poll is demandable as of right, and, if demanded, should, in the absence of other business, be taken immediately; but if, from the number present, time does not allow of this, the chairman may, on his own authority, adjourn the meeting for the purpose, so as to give all persons entitled a reasonable opportunity of voting (R. v. D'Oyley, 4 P. & D. 58; 12 Ad. & Ell. 139 ; R. v. Bishop of Winchester, 7 East. 573; R. v. St. Mary, Lambeth, 8 Ad. & Ell. 356). And where due notice has been given that, in the event of a poll being demanded, the meeting will be adjourned to another building to take the same, the chairman may adjourn for the purpose (Baker v. Wood, 1 Curteis, 507; R. v. Archdeacon of Chester, 1 Ad. & Ell. 342), but he cannot adjourn against the wishes of the majority, no such notice having been given, so as to disturb the regular order of the proceedings, the general right of adjournment being in the meeting (Stoughton v. Reynolds, 2 Stra. 1045). Where under a local Act a question was to be determined by the major part of the vestrymen, it was held that it must be an actual majority present, not merely of those voting, others remaining neuter (R. v. Christchurch, 7 E. & B. 409). If an amendment be carried by show of hands, and lost on a poll, the original motion is not therefore carried, but should be also put to the meeting, and a show of hands taken upon it, when the poll may be taken on each question, for and against, at the same time (Elt v. The Burial Board of Islington, 1 Kay, 449).

A vote taken after misstatement of an important point is void, and must be taken over again (Re Egham Burial Board, 3 Jur. N. S. 956). The chairman shall sign the proceedings. On refusal to grant a poll, he may be compelled by mandamus. A rule made by one vestry for the regulation of its proceedings is not binding on a succeeding one; nor is the confirmation of a succeeding vestry necessary to make the legal acts of a preceding one valid; and in the case of Mawley v. Barbet, (2 Esp. N. P. 687), it was held that a vestry had no power to rescind an appointment of church wardens made at the preceding vestry.

The statutes for regulating vestries have not taken away the common law right of voting by a poll (R. v. St. Mary, Newington, 17 L. J. N. S. 220; Campbell v. Maund, 5 Ad. & Ell. 865). Where a poll was refused, and a

18 & 19 Vict. c. 121, s. 5). During any vacancy in such committee the remaining members may act (ib. s. 4).

DISEASES PREVENTION ACTS.

The Local Authority to execute these Acts shall be the Guardians of the poor; where no Guardians, the Overseers, who may appoint a committee in like manner as for nuisances, save that the Privy Council may authorise any Local Authority under the Nuisances Act to execute the Diseases Prevention Act (23 & 24 Vict. c. 77, s. 11). Save also in the Metropolis (ss. 10, 11).

METROPOLIS MANAGEMENT ACTS.

For the Local Government of the Metropolis, a Vestry is to be elected in every metropolitan parish beyond the City of London (18 & 19 Vict. c. 120, s. 2; and 25 & 26 Vict. c. 102, s. 36); for which purpose the parishes are divided into wards (18 & 19 Vict. c. 120, ss. 3, 4); the number of qualified persons (s. 6) elected for each ward having been apportioned by the Secretary of State (s. 4), may be altered in certain cases by the Metropolitan Board of Works (s. 5): one-third of such Vestry to retire annually (ss. 9, 10; 25 & 26 Vict. c. 102, ss. 39 to 41). Auditors also are to be elected by the ratepayers (ib. s. 38; and 18 & 19 Vict. c. 120, ss. 11, 12). Mode of conducting elections (ss. 13 to 30). District Boards of Works to be elected by the parish Vestries (ss. 31 to 41). Such Boards to be incorporated, &c. (s. 42). The Metropolition Board of Works, to be incorporated, and to be elected by the City Corporation and the Vestries above described, one-third to retire annually (ss. 43 to 48); such Board to elect their chairman and fix his salary (ss. 49, 50).

church-rate made for providing a new burial ground, which proceeding was upheld by the Ecclesiastical Court, under 3 Geo. 4, c. 72, s. 25, and 59 Geo. 3, c. 134, s. 26, the Court of Common Pleas granted a prohibition on the ground that those statutes did not take away the common law right to a poll in such a case (White v. Steele, 31 L. J. C. P. 265. As to select vestries, see 59 Geo. 3, c. 12, and 1 & 2 Will. 4, c. 60; also R. v. Peters, and R. v. Gladstone, note, p. 94).

BATHS AND WASHHOUSES ACTS.

[See "Baths and Washhouses."]

RECREATION GROUNDS AND PUBLIC IMPROVEMENTS ACTS.

[See "Public Pleasure Grounds."]

COMMON LODGING HOUSES AND LABOURING CLASSES LODGING HOUSES ACT, AND LABOURERS' DWELLINGS ACT.

[See "Common Lodging Houses."]

THE BURIAL ACTS.

[See "Burial Grounds."]

MAIN SEWERAGE.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

In any place to which the Public Health and Local Government Acts are applied, all sewers (a) existing when the Acts were applied, or made thereafter (except such were made by any persons for profit, or for improving land under any local Act (b), or under the authority of any Commissioners), together with all buildings, &c., belonging thereto, are to vest in and be entirely under the control of the Local Board of

(a) Formerly the duties of Commissioners of Sewers were confined to the supervision and clearance of navigable streams and the prevention of encroachments from the sea. The derivation of "Sewer" has been variously given, as from "Sew" a drain; as from the French Seoir, to sit, and Eau, water; as from Suivre, to follow; and as from the Saxon So-war, sea-fence; but the use of the word to describe the main drain of a town is a comparatively modern innovation, from which arises the term "Sewerage" when speaking of the construction of such main drains, and "Sewage" as indicating their contents. By the Common Law the owner of lands abutting upon the sea, or navigable rivers, is bound to keep all channels and defences in proper order, so as to prevent any hindrance to the navigation or encroachment upon the land (see 13 Rep. 33).

(b) A natural watercourse through lands within the ambit of a borough, which stream had been widened and deepened under a local Act, received the drainage of a few houses: Held, if a sewer at all, which was doubted, to be within the exception in s. 43 of the Public Health Act (R. v. Godmanchester L. B., 5 New Reports, 114).

Health (11 & 12 Vict. c. 63, s. 43); and such Board may purchase the rights, &c., vested in any person for making sewers, or contract for the use of sewers within their District, or pur chase sewers with or without buildings, &c., the purchasemoney to be applied to the same uses to which the property might have been subject at the time of sale; any perpetual right previously acquired for the use of any such sewer, or other substituted in lieu thereof, to remain (s. 44).

The Local Board are to repair the sewers vested in them, and cause sewers to be made for effectually draining their District, and may carry such across or under any road, street, &c., or cellar under any street; and after reasonable notice, and upon advice of the Surveyor, through or under any lands (a); and may alter or improve any such sewers, or destroy such as they

(a) For the purpose of protecting lands, &c., from irruptions of the sea, and for draining off superfluous waters, Commissioners of Sewers, where required, may be appointed under the 3 & 4 Will. 4, c. 22-amended by 4 & 5 Vict. c. 45, and 12 & 13 Vict. c. 50-with power to make and maintain walls, banks, sewers, drains, &c., &c.; and to require owners, &c., to keep the same clear of mud, weeds, &c., and to do necessary works in default. All necessary powers of taking land, making rates, &c., being conferred for the purposes of these Acts. Under the older statutes Commissioners of Sewers were empowered to distrain on any freehold lands for payment of charges in arrear; and by the 7 Anne, c. 10, this power was extended to copyholds. Under the Land Drainage Act, 1861 (24 & 25 Vict. c. 133), such Commissioners may be appointed upon the recommendation of the Inclosure Commissioners to act within their assigned areas (s. 4) for the cleansing and maintenance of watercourses, outfalls, &c., or improving or removing obstructions from the same, or the construction of new works (s. 16), who may levy rates for those purposes (s. 38). Persons allowing any foul or poisonous liquid to contaminate any watercourse within such jurisdiction, having no prior legal right, liable to penalty of £5 (s. 58).

Where a Local Board entered upon land without the consent of the owner to make reservoirs and beds for depositing sewage, the Court granted an injunction to restrain them (Sutton v. Mayor of Norwich, 27 L. J. Ch. 739). In Scott v. Manchester Corporation (1 H. & N. 59; 26 L. J. Ex. 132— 406), it was held that a corporation employing workmen to lay down gas-pipes is responsible for the negligence of the men employed: Alderson, B. "The person who selects the workmen is the party liable. Commissioners may get rid of liability by making contracts; but if they employ their own servants to do the work they will be liable for the acts of such servants" (see Hall v. Smith, 2 Bing. 156, 9 Moore, 226; Harris v. Baker, 4 M. & Sel. 27; Metcalfe v. Hetherington, 11 Exch. 257).