Protection of by the Commissioners the proposed Level and Surface Inclination Drainage Works. of such Street, and the Nature of Pavement or hard Surface proposed to be made or laid therein; and the Commissioners, within Seven Days after receiving such Notice, may specify, by Notice in Writing given to such Officers or Persons, any and what Alterations in the proposed Level, Inclination, or Material they think requisite to be made to ensure the due Drainage and cleansing of such Street, and such Officers or Persons as afore Commissioners said shall make such Alterations accordingly; and it shall be lawful for the Commissioners to prevent the Admission into their Sewers of the Surface Drainage of Streets or Roads, where such Streets or Roads are badly paved, or where the paving or the Surface Inclinations thereof are such as to accumulate Deposit and discharge the same into the Sewers in such Quantities as to occasion Obstructions therein.

may prevent Admission of Surface Drainage into their Sewers.

Commissioners may execute

Works of Drain. age at Expense of Owners.

Commissioners

may dispose of Refuse of Sew ers, and apply Money to Pur

poses of Act.

Procedure

Notice to be given before commencing

Works charge. able to Special

Rates.

LVII. And be it enacted, That it shall be lawful for the Commissioners, by Agreement with and at the Expense of the Owners or Occupiers of any Lands or Premises within the Limits of their Commission, to execute any Drainage Works on such Lands or Premises which such Owners or Occupiers may be desirous to have so executed thereon.

LVIII. And be it enacted, That, subject and without Prejudice to the Rights saved under this Act, it shall be lawful for the Commissioners to sell and dispose of, as they shall think fit, the Sewage and Refuse from their Sewers, and the Drainage, Refuse, or Rubbish arising from any Work, or collected and removed in the Course of any Work or Operation which the Commissioners shall execute, do, or perform under this Act, and to apply the Money arising from such Sale and Disposition to the general Expenses of the Commission, or such of the Expenses to be incurred by them under this Act as they shall think fit.

LIX. And be it enacted, That where under this Act the Com before Execution missioners are authorized to do or direct to be done any Work, of Works, &c. or to remove or repair, or direct to be removed or repaired, any Commissioners Nuisance or Default, it shall be lawful for the Commissioners to may act through exercise and put in force all the Powers of this Act in relation their Surveyor. to the Premises, upon the Information or Presentment of their Surveyor, without any other Presentment in relation thereto. LX. And be it enacted, That, Fourteen Days at the least before commencing any Works the Expense of which under this Act might be defrayed wholly or in part by a Special Sewers Rate, the Commissioners shall cause to be made Plans and Sections of the intended Works, and shall give public Notice thereof, or spe cial Notice to the Owners or Occupiers of the Lands or Tenements on which such Special Sewers Rate may be made, of such Works, and of the Place where such Plans and Sections may be seen; Persors object and in case within such Fourteen Days any Person interested in ing to Works to such Lands or Tenements shall give Notice to the Commissioners give Notice to of any Objection to such Works, the Commissioners shall appoint Commissioners, a Time and Place to consider the Objections to the intended who shall appoint a Time to Works, and the Commissioners, attended by their Surveyor, shall meet at the Time and Place specified in such Notice, to consider any Objections to the intended Works; and all Persons interested therein shall be entitled to be then and there heard by themselves.

hear the same.

Procedure

or their Agents, before the Commissioners; and thereupon the Commissioners may, subject to the other Provisions of this Act, before Execution execute, abandon, or make such Alterations in the said intended of Works, &c. Works as they may think fit.

Notice.

LXI. Provided always, and be it enacted, That the Commis- Works of urgent sioners may undertake any Work of any Description without any Necessity may Notice or other Proceeding herein-before required, where, from be done without Flood, Storm, or other urgent Cause, the Commissioners shall deem it necessary that the Delay occasioned by such Proceedings should be avoided.

Powers of Entry,

&c. for Execution of Works,

Power to enter

LXII. And be it enacted, That where it shall be necessary for the Purpose of making such general Survey as herein-before mentioned, or making any Survey or Examination of or preparatory to any Work of Sewers, or for the Purpose of viewing the Sewers or Drains within the Limits of the Commission, or making or on Lands for repairing or cleansing any Sewer or Works, and otherwise for Purposes of the the Purpose of carrying into execution the Powers intrusted to Act. the Commissioners, it shall be lawful for the Surveyor, or any other Persons authorized by the Commissioners, at reasonable Times in the Daytime, to enter, examine, and lay open any Lands or Premises: Provided always, that, except in Cases of Emergency, no Entry shall be made or Works commenced under the Powers of this Enactment, unless, Twenty-four Hours at the least previously thereto, Notice of the intended Entry and of the Object thereof be given to the Occupier of the Premises intended to be entered; and that Compensation be made for any Damage occasioned by such Entry and Works as aforesaid to all Persons other than the Owners and Occupiers of any Land or Building in respect of which any private Drain or Sewer, or the State of Drainage, shall be inspected, cleansed, or repaired, and the Owners or Occupiers of any Premises where any Nuisance may exist, and the Person who may have caused such Nuisance.

LXIII. And be it enacted, That from Time to Time, when and as it shall be found necessary for the Execution of Works and Operations under this Act, it shall be lawful for the Commissioners to dig into, open, or break up the Roadway or Pavement of any Street, and to stop up any Street, and prevent Persons from passing along and using the same, for a reasonable Time, before and during the Construction, Alteration, Repair, or Demolition of any Sewer or Drain, or the laying or placing of any Pipe, Plug, Cock, or Stand-pipe in or under such Street, and to use any Street, or any Part thereof, for the Purpose of depositing Materials, Implements, or Things in or about such Works, or in or about the cleansing of Sewers, Cesspools, or Privies, or executing the Purposes of this Act, the Commissioners doing as little Damage and causing as little Obstruction as may be, and making good all Damage to the Roadway and Pavement occasioned by the Exercise of the Powers aforesaid: Provided always, that all Openings and Excavations which the Commissioners may cause to be made in any Street for the Purposes of this Act shall, during the Progress of their Works therein, be effectually secured and fenced to prevent Accidents, and that the Roadway or Pavement taken up shall be by the Commissioners, at their Expense, reinstated and replaced in as good Condition as the same was before the Street was so

opened

Power to stop up Streets during Progress of

Works, and to alter Position of Pipes.

Openings in Streets to be secured, and reinstated by Commissioners.

afterwards to be

Penalty on

Contractor, &c. for Neglect.

Power to Com

missioners to require Situation

of Gas and Water Pipes to be altered.

No Alteration to be required that will injure Pipes.

Contracts.

Power to Comenter into Contracts for carrying Act into execution.

missioners to

Power to compound for Pe

opened or excavated, and as expeditiously as Circumstances will admit of; and in default thereof the Surveyor, Officer, or Contractor of the Commissioners employed on such Work shall forfeit to the Trustees or Commissioners having the Care of such Roadway or Pavement any Sum not exceeding Forty Shillings nor less than Ten Shillings for every Day that such Opening or Excavation shall not be properly secured, or such Roadway and Pavement not properly reinstated.

LXIV. And be it enacted, That if and when for the Purposes of this Act the Commissioners deem it necessary to raise, sink, or otherwise alter the Situation of any Water or Gas Pipes, Mains, Plugs, or other Waterworks or Gasworks laid in or under any Street, they may by Notice in Writing require the Person to whom the Pipes, Mains, Plugs, or Works belong, to raise, sink, or otherwise alter the Situation of the same in such Manner and within such reasonable Time as shall be specified in such Notice; and the Expenses attendant upon or connected with any such Alteration, where the same shall be required for the Purpose of repairing or altering any Sewer which was made before such Pipes, Mains, or Plugs were laid, shall be paid by the Person to whom the Pipes, Mains, or Plugs belong, and in all other Cases shall be paid by the said Commissioners out of Rates levied under this Act; and if such Notice be not complied with the said Commissioners may make the Alteration required: Provided always, that no such Alteration shall be required or made which will perma nently injure any such Pipes, Mains, Plugs, or Works, or prevent the Water or Gas from flowing as freely and conveniently as usual; provided also, that where under any Local Act of Parliament the Expenses attendant upon or connected with the raising, sinking, or otherwise altering the Situation of any Water or Gas Pipes, Mains, Plugs, or other Waterworks, or Gasworks, are or shall be directed to be borne by the Person to whom such Pipes or Works belong, his Liability in that respect shall continue in the same Manner and under the same Conditions in all respects as if this Act had not been passed.

LXV. And be it enacted, That the Commissioners may enter into all such Contracts as they may think necessary for carrying this Act into execution; and every such Contract for Works or Materials whereof the Value or Amount shall exceed Ten Pounds shall be in Writing or Print, or partly in Writing and partly in Print, sealed with the Seal of the Commissioners; and every Contract so entered into, and duly executed by the other Parties thereto, shall be binding on the Commissioners and their Succes sors, and upon all other Parties thereto : Provided always, that it shall be lawful for the Commissioners to compound with any Contractor or other Person in respect of any Penalty incurred by reason of the Nonperformance of any Contract entered into as aforesaid, whether such Penalty be mentioned in any such Contract or in any Bond or otherwise, for such Sum of Money or other ReEstimates to be compence as to the Commissioners may seem proper: Provided prepared before also, that before contracting for the Execution of any Works of commencing the Value or Amount of Two hundred Pounds or upwards the Value of 2001. Commissioners shall obtain from their Surveyor an Estimate in Writing, as well of the probable Expense of executing the Work

nalties in respect

of Breach of Contracts.

Works of the

in

in a substantial Manner as of the annual Expense of repairing the same, also a Report as to the most advantageous Mode of contracting, that is to say, whether by contracting only for the Execution of the Work, or for executing and also maintaining the same in repair during a Term of Years, or otherwise.

LXVI. And be it enacted, That it shall be lawful for the Commissioners to purchase by Agreement, or to take on Lease for such Term as they may think fit, any Land which may be necessary for the Formation or Protection of any Works which the Commissioners are authorized to execute under this Act, also any Offices and other Buildings, Yards, Stations, or Places for Deposit of Refuse Materials and Things, or any Land for the Erection and Formation of such Offices and other Buildings, Yards, Stations, or Places for Deposit; and also to contract for the Purchase, Removal, or Abatement of any Mill-dam, Pound, Weir, Bank, Wall, Lock, or other Obstruction to the Flow of Water, whereby Sewerage or Drainage is interrupted or impeded, and for the Purchase of any Land, or any Right or Easement in or over any Land, which it may be necessary or expedient to purchase, to prevent the Obstruction of Sewerage or Drainage within the Limits of the Commission; and also to purchase by Agreement or take on Lease as aforesaid the whole or any Part of any Streams or Springs of Water, or any Rights therein which it shall appear to the Commissioners necessary to acquire and use for the Purposes of cleansing Sewers and Drains, and the other Purposes of the Commission, or any Land which it shall be deemed advisable by the Commissioners to purchase or take on Lease for the Purpose of drawing or obtaining Water from Springs, or by sinking of Wells, and for making and providing Reservoirs, Tanks, Aqueducts, Watercourses, and other Works, or for any other Purpose connected with the Works for obtaining such Supply of Water as aforesaid;

of Water.

and also to contract with any Company or Person for the Supply and to contract to the Commissioners of Water for the Purposes aforesaid, provided with any Comalways, that nothing herein contained shall authorize the said Com- pany for Supply missioners to supply Water to any Parties for domestic, manufacturing, or commercial Purposes; and also to purchase and procure, erect and work, Kilns, Ovens, and Machinery, and to make and manufacture Pipes, Traps, and other Apparatus or Things requisite for any Works which the Commissioners are authorized to

execute.

6

LXVII. And be it enacted, That "The Lands Clauses Consolidation Act, 1845," except the Provisions of that Act "with respect to the Purchase and taking of Lands otherwise than by Agree. ment," "with respect to the Recovery of Forfeitures, Penalties, and Costs," "with respect to Lands acquired by the Promoters of the Undertaking under the Provisions of the Lands Clauses Consolidation Act, 1845,' or the special Act, or any Act incorporated therewith, but which shall not be required for the Purposes thereof," and "with respect to the Provision to be made for affording Access to the special Act by all Parties interested," and except the Clauses numbered respectively 134 and 135 in the Copies of that Act printed by Her Majesty's Printers, shall, so far as respects such Purchases by the Commissioners as aforesaid, be incorporated with this Act; and for the Purposes of this Act the Expression "the

Promoters

Certain Pro

visions of

8&9 Vict. c. 18. incorporated with this Act.

Power to Commissioners to

not wanted.

Promoters of the Undertaking," wherever used in the said Lands Clauses Consolidation Act, shall mean the Metropolitan Commissioners of Sewers.

LXVIII. And be it enacted, That it shall be lawful for the Commissioners to sell and dispose of any Lands or other Property sell Lands, &c. vested in them by virtue of this Act, or acquired by them under the Powers herein contained, or any Part thereof, which it may appear to the Commissioners may be properly sold or disposed of; and for completing and carrying any such Sale of Lands into effect the Commissioners may make and execute a Conveyance of the Lands sold and disposed of as aforesaid unto the Purchaser, or as he shall direct; and such Conveyance shall be under the Hands of Six of the Commissioners, and under the Seal of the Commissioners; and the Word "grant" in such Conveyance shall have the same Operation as by the said Lands Clauses Consolida tion Act, 1845, is given to the same Word in a Conveyance of Lands made by the Promoters of the Undertaking; and a Receipt under the Hands of Six of the Commissioners shall be a sufficient Discharge to the Purchaser of any such Lands for the Purchase Money in such Receipt expressed to be received; and the Money to arise from such Sale shall be applied to such of the Purposes of this Act as the Commissioners shall think fit.

Compensation to Parties damaged by Exercise of Powers.

Compensation for Damages

sustained, &c.

Arbitration.

ring to Arbitration.

LXIX. And be it enacted, That full Compensation shall be made out of such Rates to be levied under this Act as the Commissioners shall by their Decree direct to all Persons sustaining any Damage by reason of the Exercise of any of the Powers of this Act; and in case of Dispute as to Amount the same shall be settled by Arbitration in the Manner provided by this Act; or, if the Compensation claimed do not exceed the Sum of Twenty Pounds, the same may be ascertained by and recovered before! Justices in a summary Manner.

LXX. And be it enacted, That in case of Dispute as to the Amount of any Compensation to be made under the Provisions of Mode of refer this Act (except where the Mode of determining the same is specially provided for), and in case of any Matter which by this Act is authorized or directed to be settled by Arbitration, then, unless, both Parties concur in the Appointment of a single Arbi trator, each Party, on the Request of the other, shall appoint an Arbitrator, to whom the Matter shall be referred; and every such Appointment, when made on the Behalf of the Commissioners, shall be under their Seal, and on the Behalf of any other Party! under his Hand, or if such Party be a Corporation Aggregate : under the Common Seal thereof; and such Appointment shall be delivered to the Arbitrators, and shall be deemed a Submission to Arbitration by the Parties making the same; and after the making of any such Appointment the same shall not be revoked without the Consent of both Parties, nor shall the Death of either Party, nor the Determination of the Commission, operate as a Revoca tion; and if for the Space of Fourteen Days after any such Matter shall have arisen, and Notice in Writing by one Party who has duly appointed an Arbitrator to the other Party, stating the Matter to be referred, and accompanied by a Copy of such Ap pointment, the Party to whom Notice is given fail to appoint an Arbitrator, the Arbitrator appointed by the Party giving the

4

Notice