Under this latter arrangement the allowance will be made in In parishes the poor rate itself in respect of the particular property upon the a separate principle of the decision in Reg. v. Heath (ante, p. 416). rate to be levied for sewage Land occupied by a canal, and also land occupied with filter beds by a waterworks company, ought to be assessed under purposes. 30 & 31 Vict. c. 113, S. 17 at one fourth of the amount imposed 30 & 31 Vict. on houses; but land used for the purpose of preparing sand in c. 113, s. 17. filter beds, and land occupied by iron pipes, mains, and sewer pipes, ought to be assessed at its ordinary rateable value. (1) A separate rate under 30 & 31 Vict. c. 113, shall, as respects Ib. the powers of the overseers in relation to making, assessing, and levying such rate, and as respects the appeal against the same, and all other incidents thereof except the purposes to which it is applicable, be deemed to be a rate levied for the relief of the poor. The expression "overseers" shall include any officer authorized to levy a rate in a special drainage district, and any person or body of persons authorized or required to levy rates for the relief of the poor. In case the amount ordered by any precept of a sewer autho- Penalty on rity to be paid by the overseers of any parish be not paid in non-payment of rates by manner directed by such precept and within the time therein Overseers. specified for that purpose, any justice of the peace, upon the Ib. s. 18. complaint by the sewer authority or by any person authorized by the sewer authority, may issue his warrant for levying the amount or so much thereof as may be in arrear by distress and sale of the goods of all or any of the overseers; and in case the goods of all the overseers be not sufficient to pay the same, the arrears thereof shall be added to the amount of the next levy which is directed to be made in such parish for the purposes of the Sewage Utilization Act, 1865, or 30 & 31 Vict. c. 113, and shall be collected by the like methods. § 4. SPECIAL DRAINAGE DISTRICTS. In order to enable a parish to constitute the urban centre of Formation it, for the purposes of drainage, a separate district managed by of special drainage a vestry of its own body, and levying a rate upon the urban district. district, it is enacted that-where the sewer authority of a dis- 29 & 30 Vict. trict is a vestry, select vestry, or other body of persons acting c. 90, s. 5. by virtue of any Act of Parliament, prescription, custom, or otherwise as or instead of a vestry or select vestry, it may, by resolution at any meeting convened for the purpose after twentyone clear days' notice affixed to the places where parochial notices are usually affixed in its district, form any part of such district into a special drainage district for the purposes of the Sewage Utilization Act, and thereupon such special drainage (1) East London Waterworks Company v. Leyton Sewer Authority, 40 L. J. M. C. 190; L. R. 6 Q. B. Levy of rates in special district. 29 & 30 Vict. c. 90, s. 5. Appeal against constitution of special drainage district. Ib. s. 6. 30 & 31 Vict. c. 113, s. 6. Evidence of formation of special drainage district. 29 & 30 Vict. c. 90, s. 7. district shall, for the purposes of the Sewage Utilization Act, 1865, and the powers therein conferred, be deemed to be a parish in which a rate is levied for the maintenance of the poor, and of which a vestry is the sewer authority, subject, as respects any meeting of the inhabitants thereof in vestry, to the 58 Geo. III. c. 69, and the Acts amending the same. Any officer or officers who may from time to time be appointed by the sewer authority of a special drainage district for the purpose shall have within that district all the powers of levying a rate for the purpose of defraying the expense of carrying the Sewage Utilization Act into effect that they would have if the district were a parish in which a rate is levied for the maintenance of the poor, and of which a vestry is the sewer authority, and such rate were a rate for the relief of the poor, and they were duly appointed overseers of such parish. The officers so appointed will be overseers within the meaning of the word "overseers" in 30 & 31 Vict. c. 113, S. 17, ante, p. 567, and will make the rate in conformity with that provi sion, and be subject to the same liability as overseers under section 18 of the same statute. It will readily be seen that when the above provision is acted upon, the rural district will not be called upon to pay for the drainage of the urban district, with which it may happen that it has no common interest in a sanitary point of view. Where the sewer authority of any place has formed a special drainage district as above mentioned, if any number of the inhabitants of the place, not being less than twenty, feel aggrieved by the formation of such district, or desire any modification in its boundaries, they may, by petition in writing under their hands, presented within three months after the date of the resolution forming the district, bring their case under the consideration of the Local Government Board, who may after due investigation, annul the formation of the special drainage district or modify its boundaries as they think just. A copy of the resolution of a sewer authority forming a special drainage district shall be published by affixing a notice thereof to the church door of the parish in which the district is situate, or of the adjoining parish if there be no church in the parish, and by advertising notice thereof in some newspaper published or circulating in the county in which the district is situate. The production of a newspaper containing such ad vertisement or a certificate under the hand of the clerk or other officer performing the duties of clerk for the time being of the sewer authority which passed the resolution forming the district, shall be evidence of the formation of the district, and after the expiration of three months from the date of the resolution forming the district such district shall be presumed to have been duly formed, and no objection to the formation thereof shall be entertained in any legal proceedings whatever. Where part of a parish as above defined in the schedule to the Sewage Utilization Act, 1865, as amended by 30 & 31 Vict. Constituting c. 113, is at the time of the passing of that Act (20 August, part of parish a special 1867) subject to the jurisdiction of a Local Board in pursuance drainage of the Local Government Act, 1858, the portion of such parish district. which is not subject to the jurisdiction of any Local Board shall 30 & 31 Vict. for the purposes of the Sewage Utilization Act, 1865, and 30 & c. 113, s. 7. 31 Vict. c. 113, be deemed to be by that Act constituted a special drainage district, unless the Secretary of State, upon a petition presented to him in manner provided by sect. 6 of the Sanitary Act, 1866 (ante, p. 568) within three months after the 20th August, 1867, otherwise directed. It shall not be necessary in the case of part of a parish which is so constituted a special drainage district, to give the notices. required by sect. 7 of the Sanitary Act, 1866 (ante, p. 568). stituted a Any inhabited place not having a known or defined boun- Application dary may petition the Local Government Board in manner to be conprovided in the 16th section of the Local Government Act, special 1858 (ante, p. 17), to settle its boundaries for the purposes of drainage the Sewage Utilization Act, 1865, and of the 30 & 31 Vict. c. district. 113; and the Local Government Board may, by order made Ib. s. 8. in manner provided by 21 & 22 Vict. c. 98, s. 16, settle the same accordingly, and from and after the date of such order the place shall be deemed to have been constituted a special drainage district for the purposes of the said Sewage Utilization Act, 1865, and 30 & 31 Vict. c. 113. A copy of the order of the Local Government Board shall be published in manner provided by the 7th section of the Sanitary Act, 1866 (ante, p. 568), and that section shall be construed in reference to a special drainage district formed under 30 & 31 Vict. c. 113, s. 8, as if the order of the Local Government Board were substituted for "resolution of a sewer authority." $5. UNION OF SEWAGE DISTRICTS. sewerage Where it appears to the sewer authority of any district that Constitution it would be for the advantage of such district, and of any dis- of joint trict or districts adjoining or lying within the same drainage district. area, or otherwise conveniently situate, that all such districts Ib. s. 10. should be formed into a united district for the purposes of the Sewage Utilization Act, 1865, and of the 30 & 31 Vict. c. 113, or for any of such purposes, such sewer authority may, with the consent of the sewer authority of every district affected, apply to the Local Government Board for an order forming such districts into one united district, and the Local Government Board, if satisfied of the expediency of such union of districts, may make an order accordingly. The intention of a sewer authority to apply to the Local Government Board for an order forming a united district shall be advertised in some newspaper circulating within the area of Advertise ment of intention to form united district. such proposed united district once at least in each of the three weeks before such application is made. A united district shall be subject to the jurisdiction of a joint sewerage Board consisting of members elected by each of 30 & 31 Vict. the sewer authorities of the component districts in such manner as may be determined by the Local Government Board, and such Board shall be a body corporate, with perpetual succession and a common seal, having a capacity to acquire and hold lands for all the purposes of the Sewage Utilization Act, 1865, and of 30 & 31 Vict. c. 113, or for any of such purposes. C. 113, S. II. Constitution of joint sewerage Board. Ib. s. 12. Powers of Board. Ib. s. 13. The first meeting of a joint sewerage Board shall be held in such manner and at such time as may be determined by the Local Government Board, and "the rules as to proceedings of drainage Boards" contained in the second part of the schedule annexed to the Land Drainage Act, 1861, shall apply to a joint sewerage Board constituted under this Act. A joint sewerage Board shall, in the united district, have all joint sewerage the same powers, except the power of levying a rate, and be subject to the same obligations, so far as relate to the purposes of its constitution, as if it were the only sewer authority of that district, subject to this proviso, that the joint Board may delegate to any sewer authority of a component district such powers of superintendence or otherwise within its own district as such joint Board think fit. Powers of sewer autho rities. c. 75, s. 4. Any expenses incurred by a joint sewerage Board in pursuance of 30 & 31 Vict. c. 113, shall be defrayed out of a common fund to be contributed by the component districts in proportion to the rateable value of each district, or in such other proportion as the Local Government Board may, with the consent of the sewer authority of each component district, by order determine. The rateable value of a district shall be deemed to be the value on which any such rate would be assessed as would, if such district were not in union, be applicable by the sewer authority of that district to the payment of any expenses legally incurred by that authority, and the amount of contribution shall be paid out of such last-mentioned rate, and the sewer authority of each component district shall levy the same ac cordingly. § 6. POWERS OF SEWER AUTHORITIES. Sewer authorities have power to construct such sewers as they may think necessary for keeping their district properly 28 & 29 Vict. cleansed and drained; and, as respects all sewers constructed by them or under their control, whether they were made before or after the passing of the Act, have all the powers that Local Boards have, in respect of sewers vested in or constructed by them under sections 45 & 46 of the Public Health Act, 1848 (ante pp. 96 98), section 30 of the Local Government Act, 1858 (ante, p. 98), and section 4 of the Local Government Act, 1858, Amendment Act, 1861 (ante, p. 98), subject to the provisions of sections 5 and 6 of the last-mentioned Act (ante, pp. 98-99), and to the saving clauses in the Local Government Act, 1858, mentioned, from 68 to 74 (ante, pp. 112-116), both inclusive. rities as to A sewer authority shall within their district have all the Powers of powers vested in a Local Board by the 32nd section of the sewer authoLocal Government Act, 1858 (ante, p. 150), as amended by any subsequent Act of Parliament, so far as relates to— (1.) The removal of house refuse from premises; (2.) The cleansing of privies, ashpits, and cesspools ; and the paragraphs numbered (1), (2), and (3) of the said section shall be construed in reference to the district of any sewer authority as if the expression sewer authority" were inserted therein in the place of the expression "Local Board." Where the sewer authority and the nuisance authority are different bodies of men, the jurisdiction of the nuisance authority in such district shall cease in respect to all matters over which the sewer authority acquires powers by section 5 of 31 & 32 Vict. c. 115. The following sections of the Public Health Act, 1848, as Powers of amended by any subsequent Act of Parliament, that is to say, sewer authority. (1.) The 51st section (ante, p. 160), requiring every new Ib. s. 4. (2.) And the 54th section (ante, p. 154), as amended by any 66 shall extend to the district of every sewer authority in which there is no enactment of any public or private Act of Parliament to the like effect in force; and the said sections when so extended shall be so construed in reference to the district of any sewer authority as if the expression sewer authority" were inserted therein in the place of the expression "Local Board," and any officer for the time being appointed by the sewer authority to examine any premises shall be deemed to be the surveyor within the meaning of the said sections. Where the sewer authority and the nuisance authority of a district are different bodies of men, the jurisdiction of the nuisance authority shall cease within such district in relation to all matters within the purview of the said sections of the Public Health Act, 1848; and any sewer authority to whose district the said sections are extended making default in enforcing their provisions shall be subject to proceedings under |