land for agricultural

levels and other facilities for drainage within such areas, with Drainage of power for Her Majesty to include within the limits of any commission of sewers any area to which a commission of sewers purposes. may not hitherto have been assigned, or any area either wholly 24 & 25 Vict. or partially within the limits of an existing commission of c. 133. sewers; subject to this proviso, that no alteration shall be made affecting the jurisdiction of any commissioners of sewers without the consent of a special meeting of such commissioners.

The following is the form in which the Commission of Sewers Commission was issued to the District near Dartford, in Kent, from Lom- of Sewers. bard's Wall to Gravesend Bridge.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to, &c. : Greeting. Know ye, That forasmuch as the walls, ditches, banks, gutters, sewers, gates, calcies, bridges, streams, and other defences by the coasts of the sea, and marsh grounds lying and being within the limits extending from Lombard's Wall to Gravesend Bridge in Our county of Kent, or in the borders or confines of the same, by rage of the sea flowing and reflowing, and by means of the trenches of fresh waters descending and having course by divers ways to the sea, be so dirupt, lacerate, and broken, and also the common passages for ships, ballangers, and boats, in the rivers, streams, and other floods within the said limits, or in the borders or confines of the same, by means of setting up, erecting, and making of streams, mills, bridges, ponds, fish-garths, mill-dams, locks, hebbing wears, locks, and floodgates, or other like letts, impediments, or annoyances, be letted and interrupted, so that great inestimable damage for default of reparation of the said walls, ditches, banks, fences, sewers, gates, gutters, calcies, bridges, and streams: And also by means of setting up, erecting, making, and enlarging of the said fish-garths, mill-dams, locks, hebbing-wears, locks, floodgates, and other like annoyances, in times past hath happened, and yet is to be feared that far greater hurt, loss, and damage is likely to ensue unless that speedy remedy be provided in that behalf. We therefore, for that by reason of Our dignity and prerogative Royal, We be bound to provide for the safety and preservation of Our realm of England, willing that speedy remedy be had in the premises, have assigned you Our Justices to carry into execution within the said limits the powers and provisions of "The Land Drainage Act, 1861," and of other Acts of Parliament in that behalf, and save and except as in the said Acts are excepted, the following powers provisions, and purposes, so far as the same are consistent with the provisions of the said Act (that is to say): To survey the said walls, streams, ditches, banks, gutters, gates, calcies, bridges, trenches, mills, milldams, floodgates, ponds, locks, hebbing wears, and other impediments, letts, and annoyances aforesaid, and the same cause to be made, corrected, repaired, amended, put down, or reformed, as the case shall require, after your wisdoms and discretions. And therein as well to ordain and do, after the form, tenor, and effect of all and singular the statutes and ordinances made before the first day of March in the three-and-twentieth year of the late King Henry the Eighth touching the premises or any of them, as also to inquire by the oaths of the honest and lawful men of Our said county, place, or places where such defaults or annoyances be (as well within liberties as without) by whom the truth may the rather be known

Form of

warrant for the appoint ment of a Commission of Sewers.

through whose default the said hurts and damages have happened, and who hath or holdeth any lands or tenements, or common of pasture, or profit of fishing, or hath, or may have any hurt, loss, or disadvantage, by any manner of means in the said places, as well near to the said dangers, letts, and impediments, as inhabiting or dwelling thereabouts by the said walls, ditches, banks, gutters, gates, sewers, trenches, and other the said impediments and annoyances: And all those persons, and every of them to tax, assess, charge, distrain, and punish, as well within the metes, limits, and bounds of old time, accustomed or otherwise, or elsewhere, within Our realm of England, after the quantity of their lands, tenements, and rents, by the number of acres and perches, after the rate of every person's portion, tenure, or profit, or after the quantity of their common of pasture or profit of fishing or other commodities there, by such ways and means, and in such manner and form as you shall seem most convenient to be ordained and done for redress and reformation to be had in the premises: And also to reform, repair, and amend the said walls, ditches, banks, gutters, sewers, gates, calcies, bridges, streams, and other the premises in all places needful, and the same as often and where need shall be, to make new, and to cleanse and purge the trenches, sewers, and ditches, in all places necessary: And further to reform, amend, prostrate, and overthrow all such mills, streams, ponds, locks, fishgarths, hebbing wears, and other impediments and annoyances as aforesaid, as shall be found by inquisition, or by your surveying and discretions, to be excessive or hurtful: And also to depute and assign diligent, faithful, and true keepers, bailiffs, surveyors, collectors, expenditors, and other ministers and officers, for the safety, conservation, reparation, reformation, and making of the premises, and every of them, and to bear the account of the collectors and other ministers of, and for the receipt and laying out of the money that shall be levied and paid, in and about the making, reforming, repairing, and amending of the said walls, ditches, banks, gutters, gates, sewers, calcies, bridges, streams, trenches, mills, ponds, locks, fishgates, floodgates, and other impediments and annoyances aforesaid: And to distrain for the arrearages of every such collection, tax, and assess, as often as shall be expedient, or otherwise to furnish the debtors and detainers of the same by fines and amerciaments, pains, or other like means after your good discretions: And also to arrest and take as many, carts, horses, oxen, beasts, and other instruments necessary, and as many workmen and labourers as for the said works and reparations shall suffice paying for the same competent wages, salary, and stipends in that behalf: And also to take such and as many trees, woods, underwoods, and timber and other necessaries, as for the same works and reparations shall be sufficient at a reasonable price by you to be assessed or limited as well within the limits and bounds aforesaid as in any other place within the said county near unto the said places: And to make and ordain statutes, ordinances, laws, and customs of Romney Marsh, in Our County of Kent, or otherwise by any ways or means after your own wisdoms and discretions: And to hear and determine all and singular the premises as well at Our suit as at the suit of any other whatsoever complaining before you after the laws and customs aforesaid, or otherwise by any other ways or means after your discretions: And also to make and direct all writs, precepts, warrants, or other commandments by virtue of these presents, to all sheriffs, bailiffs, and all other ministers, officers, and other

of Sewers.

persons (as well within liberties as without) before you at certain Form of days, terms, and places to be prefixed, to be returned and received, warrant for and further to continue the process of the same, and finally to do the appointall and everything and things as shall be requisite for the due exe- ment of a cution of the premises by all ways and means after your discretions: Commission And, therefore, We command you that at certain days and places when and where you shall think expedient, ye do survey the said walls, fences, ditches, banks, gutters, gates, sewers, calcies, ponds, bridges, rivers, streams, watercourses, mills, locks, trenches, fishgarths, floodgates, and other the letts, impediments, and annoyances aforesaid And accomplish, fulfil, hear, and determine all and singular the premises in due form and to the effect aforesaid after your good discretions: And all such as ye shall find negligent, gainsaying, or rebelling in the said works, reparations or reformations of the premises, or negligent in the due execution of this Our Commission That ye do compel them by distress, fines, and amerciaments, or by other punishments, ways, or means, which to you shall seem most expedient for the speedy remedy, redress, and reformation of the premises, and due execution of the same: And all such things as by you shall be made and ordained in this behalf (as well within liberties as without) ye do cause the same firmly to be observed doing therein as to Our justice appertaineth. After the laws and statutes of this Our Realm, and according to your wisdoms and discretions, saved always to Us such fines and amerciaments as to Us thereof shall belong: And We also command Our sheriff of Our said county of Kent, that he shall cause to come before you at such days and places as ye shall appoint to him such and as many honest men of his bailwick (as well within liberties as without) by whom the truth may best be known to inquire of the premises: Commanding also all other ministers and officers (as well within liberties as without) that they and every of them shall be attendant to you in and about the due execution of this Our Commission. In witness whereof we have caused these Our letters to be made patent.

Witness Ourself at Westminster, the 24th day of July, in the 27th year of Our reign. C. Romilly.

Powers of

General powers of the commissioners under 24 and 25 Vict. C. 133 acting within their jurisdiction shall extend to the Commisfollowing acts:

sioners for drainage of

(1.) To cleansing, repairing, or otherwise maintaining in a land for due state of efficiency any existing watercourse or outfall for agricultural water, or any existing wall or other defence against water, purposes. hereinafter referred to under the expression "maintenance of 24 & 25 Vict. existing works: "

(2.) To deepening, widening, straightening, or otherwise improving any existing watercourse or outfall for water, or removing mill-dams, weirs, or other obstructions to watercourses or outfalls for water, or raising, widening, or otherwise altering any existing wall or other defence against water, hereinafter referred to under the expression "improvement of existing works :"

(3.) To making any new watercourse or new outfall for water, or erecting any new defence against water, to erecting any machinery or doing any other act not herein before referred

c. 133, s. 16.

Powers of Commissioners for drainage of land for agricultural 24 & 25 Vict.

purposes.

c. 113, s. 4.

to, required for the drainage, necessary supply of water for cattle, warping or irrigation of the area comprised within the limits of their jurisdiction, hereinafter referred to under the expression "the construction of new works."

Much alarm has been felt in some low-lying districts from apprehended inundations from the sea and rivers, and appeals have been made to Government to take steps to compel the repair of sea-walls and embankments in such districts. The Government appear, however, to have no power to interfere in such cases, except by the appointment of a commission of sewers, under 24 & 25 Vict. c. 113, s. 4, et seq.; but the initiative with the view to the appointment of a commission of sewers must be taken by the proprietors of land within the boundaries to which the commission, if issued, would apply.

Reference may also be made to the Improvement of Land Act, 1864, 27 & 28 Vict. c. 114.

Provisional orders under the Land Drainage Act, 1861, to the following drainage schemes have been confirmed by Parliament:

Contract for

sewers.

2. CONTRACT AND SPECIFICATION OF SEWERAGE WOrks.

1. CONTRACT FOR MAKING SEWERS AND DRAINS.

day of

of

ARTICLES OF AGREEMENT indented, had, made, concluded, and fully agreed upon this 186 between the Local Board for the district of (hereinafter called "the Local Board") of the one in the County of Contractor, hereinafter called "the Contractor," of the other part:

part, and

WHEREAS the Local Board being desirous of having the works, drains, and matters hereinafter particularly described and hereinafter contracted for, let by contract, duly obtained from their Engineer an estimate in writing of the probable expense of executing the said works in a substantial manner, and having given ten days' and upwards public notice expressing the nature and purpose thereof, and inviting tenders for the execution

of the said works, and requiring sufficient security for the due perform- Contract for ance of the same :

AND WHEREAS the time for sending in tenders having expired, a tender sent in by the Contractor was accepted, and it has been agreed that the parties should execute the contract hereinafter contained:

NOW THESE PRESENTS WITNESS that in pursuance of the said agreement, and for the considerations hereinafter appearing, he, the Contractor, doth hereby for himself, his heirs, executors, and administrators, covenant with the Local Board, and the Local Board do hereby for themselves and their successors covenant with the Contractor, his executors and administrators, as follows:

1. The Contractor shall do all the work, matters, and things, and provide all materials in relation to, or in connection with, the excavation of the trench, and the laying down of the several lines of drainage shown on the plan, and the sections hereunto annexed, numbered 1, 2, 3, 4, 5, 6, 7, and 8 (except the portions of drains therein specified as not to be made), and such others as may from time to time be deemed necessary during the progress of the works, the same to be in strict conformity to the conditions and terms of the specification contained in the first schedule hereto, the necessary iron grids, gullies, and ventilators being provided at the expense of the Local Board.

2. If any person who, in the opinion of the Surveyor, shall be incompetent, shall be employed by the Contractor, the Surveyor, shall be at liberty to discharge such person forthwith from employment on said works, or anything connected therewith, and to remove him from off the works.

3. The Contractor shall not commence the works until written notice under the hand of the Surveyor shall have been given him to do so. The Contractor shall give all necessary notices in writing to persons having authority over roads, pavements, pipes, or other property or works liable to be affected by the execution of his contract, of the time of the commencement of the works.

4 The works shall be carried on in such portions as the Surveyor shall direct, and the Engineer shall have power to vary, extend, or diminish the quantities of the work during its progress without vitiating the contract, but no part of the works shall be altered by the Contractor from that shown on the drawings or described on the specification without the express sanction in writing of the Surveyor.

5. The Contractor shall not underlet or make a sub-contract for the execution of any portion of the work.

6. No line of pipes shall be covered in until they have been examined by the Surveyor, and direction given by him in writing to that effect.

7. The Local Board shall pay to the Contractor, his executors or administrators, for or on account for the work done and materials supplied as required by and in conformity with the said plans and drawings hereunto annexed, and to the said specifications contained in the first Schedule hereto, the sum of £ such sum to be paid in the amounts and at the times, and subject to the conditions mentioned in the paragraph following:

8. Payment shall be made as follows: The Contractor shall be paid by the Local Board in monthly instalments the value of the works executed during the preceding month, as certified by the Surveyor, subject to a deduction of twenty per cent. upon such value: one-half of the balance remaining unpaid shall be paid one month after the Surveyor shall have certified the completion of the contract; the remainder shall be paid at the end of six months after the date of the completion of the contract, provided that the Contractor shall during such six months have kept in repair and good order the whole of the works to the satisfaction of the Surveyor.

9. In this contract, and the Schedule hereto, the word Surveyor shall mean the Surveyor for the time being of the said Local Board or other Clerk of the Works from time to time appointed, with the permission of the Local Board, by the Engineer to the Local Board.

10. The Contractor agrees to enter into a joint and several bond with

sewers.