such improvements or new works involve an expenditure of more than one thousand pounds, the Commissioners must cause plans of the proposed work to be made, and an estimate of the expense involved, and of the area within which a rate will be required to be levied to meet such expense, and a list of the proprietors of land within such area, and of the acreage held by each, and must, during a period of two months before commencing the work, publish notice by advertisement, in manner prescribed by the Act, of the nature of the work, and the amount of the expense, and the area within which a rate is proposed to be levied for meeting the same. This provision was amended in 1918 by altering the one thousand pounds to an amount of one thousand pounds or an amount equal to one pound - for each acre in the area within which a rate will require to be levied to meet the expenditure involved, whichever amount is the greater. The advertisement must state a place, within the limits of the Commission, where the plan and estimate and list of proprietors may be inspected. The Commissioners are to hear any applications made for correction of the list of proprietors, and make any necessary amendments in the list.

If, within the period of two months above mentioned, the proprietors of one-half of the area of land within which the rate is proposed to be levied give written notice to the Commissioners that they object, the work is not to be executed, but, in the absence of such dissent, the Commissioners may, at the expiration of the two months, commence the work, and repay, out of the rates to be levied within the area, all expenses incurred, not exceeding the estimate advertised.

The Act dispenses with the necessity for presentment by a jury, where this was previously required as a condition of the execution of any work, the levying of any rate, or the doing of any act by Commissioners. In place of the presentment by the jury, an appeal to quarter sessions is allowed to any person aggrieved by the order of the Commissioners in the matter.

The Act gives power to Commissioners of Sewers, with

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the consent of the Board of Agriculture and Fisheries, to commute, for a money payment, any existing liability which any person may be under, by reason of tenure of land, custom, prescription, or otherwise, to repair any walls, maintain any sewer, or do any other act within the jurisdiction of the Commissioners. This provision was amended in 1918 by requiring that, if the person whose liability is proposed to be commuted does not assent, an opportunity shall be given him to submit objections, which shall be considered before the consent of the Board is given. Subject to this provision as to commutation, the liability of any person to defray, or contribute towards, the expense of making, completing, altering, amending, or maintaining any sewer or drain, or any walls or works for protecting the land against encroachments of the sea, or of any river, or doing any other work within the jurisdiction of the Commissioners, is to continue, and may be enforced, as if the Act had not been passed, and the rates to be levied under the Act may only be made for purposes to which such liability does not extend.

Section 38 makes certain provisions with regard to the rates leviable by Commissioners. As regards the purposes of the rates, it declares that rates may be levied for defraying all costs, charges, and expenses, incurred or to be incurred by them, under the authority of any Act of Parliament, law, or custom. As regards the incidence of rates, it provides that a rate levied for the purposes of defraying the expense of any improvements in existing works, or any new works, where such improvements or new works involve an expenditure of more than one thousand pounds, shall be deemed to be a special rate, and a tax on the owners of property; otherwise the rates leviable by Commissioners are to continue to be payable by the same persons, in respect of the same property, and in the same manner as previously. The one thousand pounds was altered, in 1918, to an amount of one thousand pounds, or an amount equal to one pound for each acre in the area within which a rate will require to be levied to meet the expenditure involved, whichever amount is the greater.

In relation to the special rate the owner of land is defined as meaning the person who is for the time being entitled to receive the rack-rent of the land, or who would be so entitled, if the land were let at a rack-rent ; and " rackrent" is defined as meaning any rent which is not less than two-thirds of the net annual value of the land, out of which the rent issues. As regards the assessment of rates, it is provided that, where the name of any owner or occupier, liable to be rated to the sewers rate, is not known to the Commissioners, it shall be sufficient to assess and designate him in the rate as the "owner" or " occupier," as the case may be, of the land in respect of which the assessment is made. Subject to these provisions, and the giving of a right to any person aggrieved to appeal to quarter sessions against a rate, and its being made no longer obligatory for the Commissioners to obtain the presentment of a jury, before levying a rate, the sewers rates are to be assessed, levied, and enforced, as previously. Nothing in the section is to affect any agreement between landlord and tenant.

Section 40 empowers Commissioners to borrow at interest, on mortgage of the rates authorised to be levied by them, any sums of money necessary for defraying any costs, charges, and expenses, incurred or to be incurred by them under the authority of any Act of Parliament, law, or custom, provided that the borrowing is sanctioned by an order of the Board of Agriculture and Fisheries. The borrowing may be for such time, not exceeding 30 years, as the Commissioners may, with the sanction of the Board, determine, and the money borrowed may, by agreement with the mortgagee, be paid off by equal annual instalments of principal and interest. Where money is borrowed for defraying expenses for which the Commissioners have determined only a part of their district to be liable, the rates levied on that part of the district only are to be chargeable with the interest and repayment of the loan. The provisions of the Commissioners Clauses Act, 1847, with respect to mortgages are made applicable to mortgages under this section.

Part II of the Act provides for the establishment of elective drainage boards, and for their districts.

The sections prescribing the conditions and procedure under which such districts might be established were repealed in 1918, and replaced by other provisions, to which I will refer later.

The Act of 1861 provides that the superintendence of matters relating to drainage, within such a drainage district, is vested in a Drainage Board, which is a corporate body, and consists of such number of members, holding such qualification, as is fixed by the order constituting the drainage district. The first members of the Drainage Board are to be named in the order, which is also to fix the time at which they are to vacate their offices, such time being not later than the end of September in the year following that in which the Provisional Order is confirmed by Parliament. Apart from the first such Board, the members of the Drainage Board are to be elected by the persons who have, during the year immediately preceding the election, been rated to the sewers rate of the district, and have paid all sewers rates due from them at the time of the election. The voting power of the individual electors is to vary according to the rateable value of the properties in respect of which they are entitled to vote, a rateable value of less than £50 giving only one vote, less than £100 two votes, less than £150 three votes, less than £200 four votes, less than £250 five votes, £250 or more six votes, £500 or more eight votes, £1,000 or more ten votes.

The elections of the Board are to be conducted, and the proceedings of the Board are to be regulated, in accordance with rules set out in a schedule to the Act. For dealing with such matters as the making of contracts, and the execution of deeds by the Board, legal proceedings by or against the Board, the appointment and accountability of officers, the keeping of accounts, and the giving of notices and orders, the provisions of the Commissioners Clauses Act, 1847, relating to these matters, are incorporated with the Act.

Section 67 provides that all powers by this Act, or by

any other Act of Parliament, law, or custom, vested in or exercisable by Commissioners of Sewers within the limits of their jurisdiction may, upon the constitution of a drainage district, be exercised by the Drainage Board of such district, within its limits, and all powers previously exercisable by Commissioners of Sewers within such district shall cease, subject to this proviso, that any person aggrieved by any order, requisition, or rate, made by the Drainage Board, or any act done by them, may appeal therefrom in the same manner in which he is, by this Act, authorised to appeal against any order, requisition, or rate, made by Commissioners of Sewers, or any act done by them. Section 67 was amended in 1918, by providing that the powers previously exercisable should not cease, if and so far as the provisional order constituting the district should otherwise provide.

Sections 54 to 57 contain various protective provisions, designed to secure that the powers conferred by the Act on Commissioners of Sewers and Drainage Boards shall not be exercised so as to interfere with sewers, drains, or irrigation works of other parties, or with rivers, canals, docks, harbours, locks, reservoirs, basins, and other works, or with the use and maintenance thereof, and the exercise of powers vested in other parties in relation thereto.

Section 58 imposes a penalty on persons who, without the consent of the Commissioners, cause any filthy or unwholesome water, or washings of manufactories or mines, or other foul or poisonous liquid, to flow into any watercourse within the jurisdiction of Commissioners of Sewers.

Section 59 made provision for enabling Commissioners of Sewers, or a Drainage Board, to execute works outside their own area, and within the area of another Commission or Board. It was, however, repealed in 1918, and replaced by another provision, to which I will refer later on.

Land Drainage Act, 1918. The Act of 1861, with which we have been dealing, is amended and extended, in various respects, by the Land Drainage Act, 1918.

In the first place, the procedure with regard to the making of orders, by the Board of Agriculture and Fisheries, for