(5 & 6 Will. 4, c. 76, s. 3). Any Committee for the management of such gardens may make Bye-Laws, to be allowed by some Judge of a superior court, or by the quarter sessions: penalty for offending against such Bye-Laws not exceeding 57. (s. 4).

Trespassers may be apprehended by any police-constable, and, on conviction before any Magistrate for the District, are liable to penalty not exceeding 40s., or imprisonment not exceeding fourteen days (s. 5). As to recovery of penalties (s. 6); saving rights of the Crown (s. 7); Act not to extend to Scotland or Ireland (s. 8).

PUBLIC IMPROVEMENTS ACT.

The ratepayers of any parish with a population exceeding 500, may purchase, lease, or accept land for forming any public walk, exercise or play-ground (a); and levy rates for maintaining the same or removing obstructions, and for improving any open walk or footpath, or placing seats or shelters from rain, &c. (23 & 24 Vict. c. 30, s. 1). The Act to be adopted and carried into operation according to the provisions of the Baths and Wash-houses Act (9 & 10 Vict. c. 74, ss. 2, 3). A separate parish improvement rate may be made if agreed to by two-thirds in value of the ratepayers in meeting assembled (s. 4): Provided that, prior to such rate, half the estimated cost of such improvement has been raised by subscription or donation; and that such rate does not exceed sixpence in the pound (ss. 6, 7).

(a) By the Commons Enclosure Act, 8 & 9 Vict. c. 118, power is given to the Commissioners to preserve and allot Village Greens for the purposes of Exercise and Recreation (s. 15), or to allot other lands for such purposes in proportion to the number of inhabitants (s. 30), or to exchange such places as may be too distant from poor dwellings for others more conveniently situated (s. 149). Like powers are given by the Commons Inclosure Amendment Act, 9 & 10 Vict. c. 70, s. 4. And such places may be distinguished by metes and bounds only, and not fenced (15 & 16 Vict. c. 79, s. 14). Any person causing damage to any fence, or driving cattle, or laying rubbish, &c., on such Green, shall forfeit not exceeding 40s. beyond the damage, &c. (20 & 21 Vict. c. 31, s. 12).

METROPOLIS MANAGEMENT ACTS.

The Metropolitan Board of Works may take by agreement or gift any lands for public improvements, and make application to Parliament, if necessary, for further powers for the purpose of providing parks, places of recreation, &c., for the public benefit (18 & 19 Vict. c. 120, s. 144; 19 & 20 Vict. c. 112, s. 10; 21 & 22 Vict. c. 104, s. 25). Any District Board or Vestry may in like manner take any land, to be maintained as an open space or for pleasure-grounds; but not charge the rates with any expenditure in respect thereof, except for enclosing, planting, and improving the same (19 & 20 Vict. c. 112, s. 11).

MANAGEMENT OF STREETS AND ROADS.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

With regard to the proper management of Streets and Roads within any District to which the Public Health and Local Government Acts are applied, it is enacted that all streets being highways, pavements, &c., shall vest in the Local Board of Health, who shall cause all such streets to be leveled, paved, channeled, repaired, &c., and may raise, lower, or alter the soil, and place and repair fences and posts for the safety of foot-passengers. Penalty for displacing or injuring pavement, materials, fences, posts, &c., not exceeding 57., and further sum not exceeding 5s. for every square foot so displaced or injured (11 & 12 Vict. c. 63, s. 68). The powers of the Towns Improvement Clauses Act with respect to the precautions during repair, &c., of streets, &c., are incorporated (21 & 22 Vict. c. 98, s. 44); under which Act the Board must guard against accidents from excavations and holes by proper fences and lights at night (10 & 11 Vict. c. 34, s. 79), and require hoards, &c., to be erected for the purpose by persons executing any such works, under penalty for neglect (s. 80). Penalty for

neglecting to light or fence building materials or rubbish, excavations, &c. (s. 81), or allowing such deposits, &c., to remain an unreasonable time (s. 82). In case of neglect, such protection to be provided by the Board at the owner's expense (s. 83). The Board may give notice to the owners or occupiers of premises abutting upon any street not being a highway as may require to be sewered, leveled, paved, &c., to execute such works within a specified time, and in default may execute the same at the expense of the owners, as settled by the Surveyor, or in case of dispute by arbitration in manner provided, recoverable in a summary manner, or as Private Improvement Expenses (a) 11 & 12 Vict. c. 63 (s. 69). Any such street, if properly sewered, leveled, paved, &c., may be declared by the Board (by notice put up in any part thereof) to be a highway, and be repaired out of the District rates, unless within one month after such notice the proprietor objects thereto (s. 70). Such objection, to be of any force, must be made either by the sole proprietor or a majority of proprietors, joint

(a) Where non-compliance with the provisions of a Local Act had prevented a certain street from becoming a highway prior to the application of the Public Health Act to the District: Held, that under s. 69 of that Act, notwithstanding that such owners were exempt under the Local Act from rates for the repairs of the public highways, the owners of premises in such street were liable to be rated for the repair of the same (Wallington v. White, 10 C. B. N. S. 128, 30 L. J. M. C. 209; see Willes v. Wallington, 1 New Reports, 129). Where A. received the rent from the occupier of premises apparently as absolute owner, though in no way entitled to receive the same, and B., the actual owner, did not attempt to prevent such receipt of the rents, nor in any way assert his right; it was held that the Local Board, having no knowledge of these facts, had rightly served notice on A., under s. 69 of the Public Health Act, the person de facto receiving the rent being the owner for the purposes of the Act. Pollock, C. B. "Notice has been given to the person actually receiving rent, and who was, in my opinion, an 'owner' according to the definition of the word given in the Interpretation Clause of this Act." Channell, B.: "A person receiving rent for land may, in the absence of anything tending to show that he receives it for another, be assumed to receive, it for his own account. The notice was sufficient to originate proceedings, and, if they were properly continued, everything was done in compliance with the Act" (Peek v. Waterloo L. B., 3 New Reports, 131).

"Leveled" refers to the particular street only; there is no power to make the surface uniform with neighbouring streets (Caley v. Hull L. B., 5 New Reports, 79).

proprietors to be reckoned one (21 & 22 Vict. c. 98, s. 42). The powers for compelling the sewerage, &c., of such streets, and declaring them to be highways, shall extend to lighting, metaling, or making good such streets, and to any part thereof; or to any street or road partly theretofore a public footpath. No place of religious worship exempt from poor rates shall be charged with any such expenses, and the Board may undertake any works from the expenses of which such places are hereby exempted (ib. s. 38). Prior to giving notice to the owners, &c., the Board shall cause plans and sections of the intended works to be made by their Surveyor on the scale prescribed, which plans are to be open to inspection at their office, reference thereto in the notice to be sufficient (24 & 25 Vict. c. 61, s. 16). Form of notice prescribed (s. 17). Where the District adjoins a district constituted under the Highway Acts, it shall be deemed to be within such Highway district for the purpose of any meeting of the Highway Board (26 Vict. c. 17, s. 6); but when the Local Government Act is adopted in any parish included in a Highway district, it will thenceforth cease to form part of such district, subject to existing liabilities (25 & 26 Vict. c. 61, s. 41). The Local Board may make ByeLaws with respect to the level, width, and construction of new streets (a) (21 & 22 Vict. c. 98, s. 34); also for licensing horses, asses, &c., standing in the streets, and fix the rates for hire of the same, as well as for pleasure-boats, &c. (24 & 25 Vict. c. 61, s. 25). They may agree with any persons for making public roads through the lands, and at the expense of such persons; such roads to be highways, and repaired at the public expense, and (with the consent of two-thirds of the members) may agree to pay any portion of the expenses of making such roads (21)

(a) See suggested forms for Bye-Laws, p. 612. Where notice had been given to a Local Board, under the Public Health Act, of an intention to lay out new streets, but such had not been proceeded with until after the Local Government Act took effect in the district, and after the Board had framed a Bye-law under the latter Act, requiring notice before proceeding to lay out new streets, it was held, that by virtue of s. 9 a fresh notice was not necessary in the case (Felkin v. Berridge, 3 New Reports, 82).

& 22 Vict. c. 98, s. 39). They may also agree with the proprietors of canals, railways or tramroads, &c., at their expense, for the construction or alteration of bridges, viaducts, &c., and at the like expense to purchase lands required for the purpose, and that such bridges, &c., shall be parts of public roads, &c., repairable at the public expense, and (with the consent of twothirds of the members) may agree to pay any part of the expenses of building such bridges, &c.; and with consent of such proprietors may agree to adopt any existing bridges over or under such canals, &c., as parts of roads, &c., repairable at the public expense (s. 40). The Board may agree with turnpike trustees, &c., to repair, cleanse, water, &c., any street or road within their District, and remove toll-gates within two miles of the centre of such District, and erect others as may be agreed upon, with the consent of two-thirds of any mortgagees of the tolls; any annual charge to be secured on the local rates (s. 41). They may, by notice, require the person to whom belong any water or gas pipes, mains, plugs, &c., laid under any street, to raise, sink, or alter the same (but not so as to permanently injure such pipes, works, &c.,) within a specified time, the expense to be charged on the District rates; and if such notice be not complied with, the Board may make the alteration required, provided that where, under any local Act, any such expenses are to be borne by the owner, his liability shall continue (11 & 12 Vict. c. 63, s. 71). No Local Board can disturb any roads under the Commissioners of the Metropolis turnpike roads, except upon conditions prescribed (21 & 22 Vict. c. 98, s. 43.) The Board shall execute the office of Surveyor of Highways, and the inhabitants are not to be liable in respect of property within the District to any highway rate beyond the limits of the District (a) (11 & 12 Vict. c. 63, s. 117).

The repair of the highways within the District, where not

(a) A highway under these Acts is declared to be any highway, repairable by the inhabitants at large by 15 & 16 Vict. c. 42, s. 13; and at Common Law the parish is bound to repair all public highways (R. v. Leake, 5 B. & Ad. 482). The expenses of repairing the highways within the district of a Local Board, comprising several parishes, are, under the Public Health Act,