§ MR. COWPER-TEMPLEasked the Chairman of the Metropolitan Board of Works, Under what statute the Board has threatened to seize the goods and chattels of the Vicar of All Saints Lambeth, for repayment of the cost of repairs of the church executed by the Board, while the Vicar protests that he is not personally liable by Law for such repairs, and that he is not the owner of the fabric, in the sense of receiving rents or profits from it?
§ SIR JAMES M'GAREL-HOGGSir, in answer to the Question of the right hon. Gentleman, I have to state that upon the 9th of May, 1876, an accident occurred in consequence of a portion of the stonework of the tower of All Saints Church, Lower Marsh, Lambeth, falling to the ground, and the structure was afterwards reported as in a dangerous state, and the Metropolitan Board of Works incurred an expenditure of upwards of £100 in executing the necessary repairs. Churches are expressly included within the Metropolitan Building Act, 1855, as "public buildings," and by the 73rd section of the Act of Parliament all expenses incurred by the Board in respect of any dangerous structure are to be paid by the owner of the building. Upon May 10, 1877, the magistrate at the Lambeth police court, after hearing the case, made an order upon 541 the Vicar for payment of £105 19s., 5d. and costs; and the Board has been advised that, as owner of the fabric, the Vicar is personally liable to make the payment, but, in order that the question may be decided by the Superior Court, the Board, instead of requiring a distress warrant to issue in a summary manner, directed further proceedings to be taken, in order to ascertain whether the Vicar is personally liable. Until such liability is established by the Courts, it is not the intention of the Board to enforce the order of the magistrate.