§ MR. RENDALL (Gloucestershire, Thornbury)To ask the Secretary of State for the Home Department whether he is aware that on April 19th, 1858, Her late Majesty issued a Commission of Sewers for the lower level of the county of Gloucester, and thereby appointed 150 Commissioners; that these Commissioners are appointed by the Crown Office of the House of Lords, under a writ of dedimus potestatem, pursuant to 23 Henry VIII, cap. 5; that these Commissioners have power to levy rates in regard to the River Severn, etc., without the permission or control of the ratepayers effected, although such ratepayers are required to pay such rates which such Commissioners may levy; that such Commissioners do not and are not required by law to publish any balance-sheet of moneys received and expended; and whether he will take steps to get rid of this unrepresentative authority, and to place the control of these matters under the county, district or parish council concerned.
(Answered by Mr. Secretary Gladstone.) The Commission of Sewers for the lower level of the county of Gloucester was issued and the Commissioners are appointed as stated in the Question. They have power to levy rates on the lands benefited by their works, without the consent of the persons effected, but right of appeal to quarter sessions against the rate is given by Section 47 of The Land Drainage Act, 1861, and in certain cases it is provided, by Sections 29–31 of the same Act, that the proprietors of one-half of the area of the land within which it is proposed to levy a rate can veto the expenditure which the rate is intended to meet. Returns of their receipts and expenditure are made under the Local Taxations Returns Act, and 955 abstracts of them are annually presented to Parliament, but their accounts are not otherwise published. The powers of such commissions can be transferred to county councils by Provisional Orders made under Section 10 of The Local Government Act, 1888, or an elective drainage board can be created, under Part II. of The Land Drainage Act, 1861, to take over the drainage of the whole or any part of their district; but the consent of the Commissioners themselves appears to be required before either course can be adopted. I am consulting the Board of Agriculture and the Local Government Board as to whether it is desirable to make any alteration in the powers and duties of these bodies.