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that such lands and hereditaments shall contribute thereto in proportion to the benefit and advantage received, or capable to be received, from the said court, as compared with the lands and hereditaments of the other parishes, townships, or places within such jurisdiction, which said tax shall be denominated the general sewers tax, and shall be recovered and recoverable by distress and sale, in like manner and by all such ways and means as any fine or amerciament imposed on a parish or township by a court of sewers is now by law recoverable; but no distress for such general sewers tax shall be replevied by any sheriff, under sheriff, judge, or court of law or equity whatsoever.

2. And be it enacted, That it shall and may be lawful for any Courts of court of sewers to direct and authorize any surveyor or other per- Sewers may son to apportion such general tax among the occupiers of the lands order the Apportionment and hereditaments in each such parish, township, or place which and Collection heretofore have been or hereafter shall be within or partly within of the Tax. the jurisdiction of such court of sewers, in such proportions and upon such individuals as of right ought to pay the same; and such tax, when so apportioned, shall be collected by some person as shall be appointed by the court for that purpose, and shall be by such person paid over to the treasurer of or other officer appointed by the commissioners of sewers at such time as the court of sewers shall direct Provided that every occupier upon whom such general sewers rate shall be apportioned shall have notice in writing of such apportionment ten days at the least before the next court of sewers to be held within the limits in which the lands and hereditaments to be taxed shall be.

3. And be it enacted, That in case no complaint shall be made General Sewers against such general or apportioned sewers tax at the court of Tax and Apsewers held next after the expiration of ten days after such notice portionment to be final, if of apportionment shall be made as aforesaid, such general sewers not comrate, and such apportionment thereof, shall respectively be final plained against and conclusive on all parties whomsoever; but in case of any com- at the next plaint of inequality or non-liability to pay the said general sewers Court. rate, or such apportionment thereof respectively, the commissioners shall at such court, or at some adjournment thereof, or at some subsequent court, proceed to investigate the same, by the examination of such witnesses as the parties interested therein shall shall produce, or by the examination of such other witnesses as to the said court shall seem right; and the decision of such court as regards such general sewers rate and apportionment thereof respectively shall be final; and such apportioned rate shall be recoverable by distress and sale of the effects of the persons respectively rated, by warrant under the hands and seals of six of the commissioners of sewers, but no distress for such apportioned rate shall be replevied by any sheriff, under sheriff, judge, or court of law or equity whatever; nevertheless the court of sewers shall be empowered to direct any feigned issue, appeal, or action at law, to try any dispute which may arise as to the inequality, or nonliability of any person to pay the said general sewers tax, or the

H

Power to borrow and

at Interest for

general Purposes.

said apportionment thereof, the person so objecting to the payment thereof having first given security to the said court for the payment of all costs and charges attendant thereon.

4. And whereas certain payments, allowances and expences authorized by the said recited Act of His said late Majesty King William take up Money the Fourth may have been and may be made and incurred before any general sewers rate can be recovered; be it therefore enacted, That it shall and may be lawful for the courts of sewers from time to time to borrow and take up at interest any sum or sums of money for the several purposes aforesaid, or any of them; and the repayment of such sum and sums of money, with interest, shall from time to time be secured to the parties or party lending the same, their, his, or her executors, administrators, and assigns, upon or by virtue of a decree or ordinance under the hands and seals of the commissioners of sewers, or any six of them, (which decree and ordinance the said court is hereby required to make,) charging the general sewers rates, or any of them, to be raised under and by virtue of this Act, with the payment of such sum and sums of money, with interest: Provided always, that it shall be provided, expressed, and declared in and by the said decrce and ordinance that the sum or sums of money so borrowed and taken up as aforesaid shall be repaid within a time to be named in such decree or ordinance, not being a longer period than seven years from the making thereof, by equal annual or shorter instalments, together with the interest on the sum or sums so borrowed or taken up, or on such part thereof as shall from time to time remain due and unpaid; and the said last-mentioned decree or ordinance shall be and remain in full force and effect until such sum and sums of money, and all interest thereon, shall have been fully paid and satisfied; any thing in the said recited Acts or this Act contained, or any custom or usuage, to the contrary notwithstanding.

Provision for
Repayment.

Courts of

Sewers may

grant Securi

ties to Persons advancing Money.

Form of
Security.

5. And for facilitating the raising, securing, and paying off from time to time of the monies which it may be necessary so to raise and borrow as aforesaid, be it enacted, That it shall and may be lawful for any court of sewers from time to time to time to grant securities, in the form of a certificate, under the hands and seals of six of the commissioners, to each person who shall so advance any sum of money as aforesaid, setting forth the amount of the sum borrowed, the rate of interest payable for the same, the periods at which the said principal money shall be decreed to be paid off by instalments, and the particular general sewers rate which is to be charged with the repayment thereof; and that every such security or certificate shall be made in the following words, or by any other words to the same purport and effect:

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'BY virtue of an Act passed in the

year of the reign of

Her Majesty Queen Victoria, intituled [here insert the title of this Act], we, the undersigned, being six of the commissioners [here 'insert the general description of the commission under which they act],

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' in consideration of the sum of
of lawful money of Great
'Britain to [here insert the name of the treasurer] lent and paid by
do hereby certify, that the several general sewers rates
'to be made and levied within [here insert the name of the district
'or level] under and by virtue of the said Act are become charged
'with the repayment of the said sum, in instalments of one

‘part on the

day of

in every year, together with 'interest on such part of the said principal money as shall remain 'unpaid from time to time, at and after the rate of

pounds

'per centum per annum, until the whole thereof shall be repaid;
'which sum so lent and advanced by the said
'capital sum of

on the

is part of a

which, at a court of sewers holden at
day of

' ordered to be taken up and borrowed.
'have hereunto set our hands and seals the

last, was decreed and

In witness whereof we

day of

6. And be it enacted, That every person, body politic, corpo- Securities may rate, collegiate, aggregate, or sole, who shall be entitled to the be transferred. money thereby secured, and his, her or their executors, administrators, and successors, may from time to time personally, or by attorney thereunto lawfully authorized, assign or transfer his, her, or their right, title, interest, or benefit to the said principal and interest money thereby secured to any person whatsoever, by endorsing on the back of such security, in the presence of one credible witness, who shall subscribe his name thereto, the following words, or words to the like effect:

Form of

'I [or We] A. B. of, &c. in consideration of the sum of
'to me this day paid by C. D. of &c., do hereby transfer the within Transfer.
'certificate of charge, with all my right and title to the principal
money thereby secured, and now remaining due thereon, and to
'all the interest money now due or hereafter to become due, unto
[his, her, or their] executors, administrators, successors,
'and assigns [as the case may be]. Given under my hand and
'seal this
day of
Witness,

ers, and to be

Which transfer shall be produced and notified to the clerk for the Transfers to time being of the said commissioners, before the party holding the be produced to same transfer shall be entitled to receive any principal or interest the Clerk to Commissiondue or owing as aforesaid; and every such clerk shall make an entry amongst the records of the said commissioners of the par- registered by ticulars of every such transfer, and indorse a minute of such entry him. upon the back of every such transfer, signed by such clerk and for which entry and minute he shall be entitled to a fee of five shillings, and no more.

7. And be it enacted, That it shall be lawful for any court of Courts of sewers, by and out of the rates and scots raised and to be raised Sewers may under or by virtue of any commission of sewers, to decree, order, recompence Jurymen. appoint, allow, and pay to any juryman summoned to attend and attending any court of sewers, such allowance and recom

Courts of Sewers may amend or quash Rate on Appeal.

Rated Persons

pence for his expences and loss of time as to such court shall seem just.

8. And be it enacted, That on all appeals from any rate made under the authority of any commission of sewers it shall be lawful for the court before which such appeal shall be made, to amend such rate either by inserting therein or striking out therefrom the name or any person, or by altering the sum therein charged on any person, or in any other manner which the said court shall think just, without quashing ruch rate: Provided nevertheless, that if the court shall be of opinion that the rate should be quashed, then the said court may quash the same.

9. And be it enacted, That no person rated or liable to be rated not incompe- to any tax, rate, or scot under or by virtue of any commission of sewers, or any commissioner of sewers, shall be deemed an incompetent witness before any court of sewers.

tent Witnesses.

How Chairman shall be chosen.

Commissioners of Sewers to hold Meetings.

Regulating
Meetings of
Commission-
ers of Sewers.

10. And be it enacted, That if any difference shall arise upon the choice of a chairman at any court or meeting of commissioners of sewers, such chairman shall be chosen by the majority of commissioners present thereat; and in case there shall be an equal number of votes upon such choice, then such one of the persons proposed whose name shall stand first in the commission under which such court or meeting is holden shall be the chairman thereof; and the chairman of every such court or meeting, in all cases of an equal number of votes upon any question or matter (including his own vote), shall have a casting or decisive

vote.

11. And be it enacted, That it shall be lawful for the commissioners acting under any commission of sewers to hold courts and meetings of commissioners of sewers at any place not being a greater distance than ten miles from any part of the limits or district within their jurisdiction under such commission.

12. And be it enacted and declared, That in all cases when it hath happened or may hereafter happen that a sufficient number of commissioners of sewers to constitute a court or meeting shall not have met or shall not meet on the day appointed for holding any such court or meeting, and in all cases where any such court or meeting shall not have been or shall not be duly adjourned by the majority of commissioners present thereat, it shall be lawful for any one or more of the commissioners named in such commission, by some writing under his or their hands, to appoint a court or meeting of such commissioners to be holden at such time and place as he or they may think fit, of which court or meeting ten clear days notice shall be given by advertisement inserted in some newspaper circulated in the county into which such commission shall run, and when the same shall run into more than one county, then in some newspaper circulated in each of such counties, and that the majority of commissioners present at any court or meeting (notwithstanding the whole number present be less than six) may adjourn and are hereby authorized and empowered to adjourn the same respectively to any future day and to such place as to them

may seem fit, and that the commissioners present at any court or meeting so appointed as aforesaid, or at any such adjourned court or meeting as aforesaid (the whole number present not being less than six), or the majority of them, shall and may exercise and perform all the powers, authorities, and duties vested in such commissioners under or by virtue of any commission of sewers.

powers

13. And be it enacted, That nothing in this Act contained shall Saving Powers prevent any court of sewers from executing all or any of the of Courts of Sewers under and provisions usually heretofore exercised under or by virtue of recited Acts. the said recited Acts, or any or either of them, or the law of sewers of old time accustomed.

14. And be it enacted, That all indemnities, immunities, and Indemnities, liabilities given to or imposed upon commissioners of sewers and &c. of 3 & 4 other persons in and by the said recited Act passed in the third W. 4, c. 22, and fourth years of his said late Majesty King William the Fourth this Act. shall be deemed and construed to extend to all persons acting in the execution of this Act.

extended to

15. And be it enacted, That nothing in this Act contained shall This Act not extend or be construed to extend to affect, alter, abridge, or inter- to prejudice fere with any local or private Act of parliament for sewers con- any Local Act. cerning any county, city, town, district, lands, or limits, or any commission of sewers in the county of Middlesex, within the distance of ten miles from the Royal Exchange in the city of London, except such parts of the said county as may lie within any commission of sewers for the county of Essex; or to affect, alter, abridge, or interfere with any navigable river, canal, port, or harbour under the management or power of any commissioners, trustees, or proprietors by virtue of any local or private Act of parliament; or to affect, alter, abridge, or interfere with any charter, law, usage, or custom in or concerning Romney Marsh in Kent, or the great level of the fens called Bedford Level, or any lands, banks, waters, watercourses, sluices, bridges, drains, or works belonging to or under the jurisdiction, power, or control of the commissioners of the North level and Portsand, in the counties of Cambridge, Northampton, and Lincoln, or of the commissioners of the Nene Outfall, in the counties of Cambridge, Lincoln and Norfolk, or of their committees respectively.

London.

16. And be it enacted, That nothing in this Act contained shall Saving the extend or be construed to extend to repeal or in anywise affect, Rights of the alter, abridge, or interfere with the commissioners of sewers of the City of city of London and liberties thereof, or the rights, powers, or privileges of the mayor and commonalty and citizens of the city of London, in relation to the sewers, drains, vaults, and bridges within the said city or liberties, or any Act or 'Acts heretofore passed for making, amending, defending, widening, altering, or cleansing the said sewers, drains, vaults, and bridges within the said city and liberties.

17. Provided always, and be it enacted, That nothing in this Guarding the Act contained shall prejudice, diminish, alter, limit, interfere with, Powers of the take away, control, or suspend, or be held or construed to preju- Commission

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