station of the undertakers, and at making good depletion of such sources either by the execution of works, such as deepening or boring, at the expense of the undertakers, or else by the giving of a substituted supply from the waterworks of the undertakers at a cost not exceeding that involved in obtaining the water from the original source before its depletion. Compensation in money is sometimes also made payable in respect of any proved injury or damage which is not met by such provisions for making good the quantity of water lost.

AS TO WORKS, Waters, and LANDS.-As illustrations of other provisions often inserted with reference to the waterworks and the taking of water I may mention provisions enabling the undertakers to enter into agreements with owners, lessees and occupiers of lands within the drainage area of the undertakers' works, with respect to the draining of such lands, or otherwise safe-guarding the purity of the waters to be taken by the undertakers; provisions enabling, or sometimes requiring, the undertakers to acquire lands or premises within the drainage area, and to hold and use them in ways conducive to the avoidance of pollution, or to discontinue some existing methods of user, or construct sewers or other works with the same object in view; and provisions enabling the undertakers, during the construction, repair, or examination of their works, to discharge water temporarily into any available stream or watercourse. It is also usual, as I mentioned in an earlier lecture, to empower the undertakers, for the purpose of works authorised by the special Act which are intended to be constructed underground, to acquire by compulsory process easements only in the lands, instead of the lands themselves, and the provisions of the Lands Clauses Acts are made applicable to such easements as if they were lands. It is stipulated however that, if, after receiving notice to treat for an easement, the owner, in his particulars of claim, requires the undertakers to acquire the lands, they shall no longer be entitled to take by compulsion an easement only. It is also stipulated that, where, under these powers, the undertakers take an easement only in any lands, they shall not

be required or entitled to fence off or sever such lands from the adjoining lands, but the owners or occupiers for the time being shall, subject to the easement, have the same rights to use and cultivate the lands at all times as if the Act had not been passed.

AS TO OBLIGATIONS AND LIMITS OF SUPPLY, AND BULK SUPPLIES. As regards the supply of water, there are often provisions relieving the undertakers from their obligations of supply under the Waterworks Clauses Acts in respect of premises situate above a defined level, or in respect of premises which cannot be supplied by gravitation from the reservoirs of the undertakers. A provision is always inserted defining the limits of supply within which the undertakers are empowered to supply water in detail, but this is often supplemented by a provision authorising them to give supplies in bulk, outside those limits, by agreement with any local authority, company, or persons, and with the consent of any company or person supplying water under parliamentary authority within the area to be supplied, and of the local authority of that area. It is usually stipulated that such bulk supplies must not be given so as to interfere with the supply of water for domestic purposes within the limits of supply of the undertakers, and also that the undertakers shall not be at liberty to lay mains or interfere with the streets outside their limits of supply.

AS TO CHARGES FOR WATER. A section is inserted defining the maximum charges the undertakers may make for domestic supplies, usually in the form of a scale of percentages on rateable value, or on gross estimated rental, with additional charges for waterclosets and baths. There is usually a section giving power to supply water for nondomestic purposes on such terms and conditions as the undertakers think fit, and to supply water by meter for either domestic or other purposes, a proviso being inserted that no person is to be entitled to a supply for non-domestic purposes if it would interfere with the sufficiency of the supply of water for domestic purposes. Commonly also a maximum price per thousand gallons for meter supplies is prescribed, and a provision is inserted that the undertakers

are not to be bound to supply, otherwise than by meter, any building used by an occupier as a dwelling-house whereof any part is used by the same occupier for any trade or manufacturing purpose for which water is required. A similar power for the undertakers to require the supply to be taken by meter is often given in respect of certain premises using large supplies, such as workhouses, hospitals, asylums, and sanitoria. The undertakers are commonly authorised, if they think fit, to require the owner, instead of the occupier, to pay the water rates in the case of a house let to monthly or weekly tenants, or tenants holding for any other period less than a quarter of a year, power being at the same time reserved to the undertakers to recover the rate in the first instance from the occupier to the extent of any rent from time to time owing, out of which the occupier can recoup himself by deduction.

AS TO BREAKING UP PRIVATE STREETS.-Another important section usually inserted enables the undertakers to lay mains in streets which are private streets in the sense that there is no public right of way thereover. It will be remembered that the operation of section 28 of the Waterworks Clauses Act, 1847, giving power to open and break up streets, is limited by section 29, which requires the consent of the owners and occupiers when it is proposed to lay the mains in land not dedicated to public use. The common form of section provides that the undertakers may, on the application of the owner or occupier of any premises within the limits of supply abutting on or being erected in any street laid out but not dedicated to public use, supply those premises with water, and for that purpose the Waterworks Clauses Act, 1847, shall apply as if section 29 of that Act were excepted from incorporation.

AS TO SUPPLYING FITTINGS, ETC.-Among other common provisions may be mentioned one empowering the undertakers to supply to persons who are, or are about to become, consumers, water fittings and sanitary fittings in connection with which the water supply is used, and to repair or alter, though not to manufacture, such fittings; a power for the undertakers to sell meters and fittings con

nected therewith; a power to require the laying of a separate communication pipe for each house supplied; a provision penalising persons who wilfully, fraudulently or by culpable negligence injure or suffer to be injured pipes or meters or fittings belonging to the undertakers, or who prevent meters from duly registering the water supplied, or fraudulently abstract, consume, or use water of the undertakers; provisions as to the notice to be given by a consumer for discontinuance of a supply, and as to the notice to be given before meters are connected or disconnected.

AS TO LOCAL AUTHORITY SUPPLYING ON DEFAULT.—In cases where a special Act is authorising a company to supply water in certain limits, or is extending those limits, or is authorising a local authority to supply water in areas outside its local government district, it is usual to insert a provision to the effect that, if, after the expiration of a period, commonly fixed at 5 years, from the passing of the Act (or, in some cases, at any time after the passing of the Act) the undertakers are not furnishing, or prepared on demand to furnish, a sufficient supply of water, in accordance with the provisions of the Act, throughout the district of any local authority within the limits of supply, the local authority of that district may provide a supply under the Public Health Act, 1875, or the local authority or any company, body, or person may apply for an Act of Parliament or Provisional Order for the purpose of supplying water in any part of such district not sufficiently supplied by the undertakers, any difference as to the sufficiency of the supply being settled by arbitration.

AS TO SUPPLIES ALONG MAIN FROM SOURCE.-A very important purpose which is often provided for in a special clause is the imposition upon undertakers, going to a distant source, of an obligation to give supplies, off their main, to authorities or companies on the line of route. In some cases supplies to particular parties under carefully defined conditions are provided for. In a few cases a general power has been given for any authorities or companies, within a certain distance of the main, and complying with certain conditions, to demand a supply. Noteworthy among

the latter are section 81 of the Manchester Corporation Waterworks Act, 1879, dealing with the supply from Thirlmere, and section 118 of the Manchester Corporation Act, 1919, dealing with the supply from Haweswater.

AS TO GUARANTEES OF REVENUE.-Another common subject-matter for special arrangement has been a variation of the provisions of the Waterworks Clauses Act, 1847, which require requisitions of supply for premises yielding rates totalling to 10 per cent. on the cost of the pipe and guaranteed for 3 years, before the undertakers can be compelled to extend their distribution mains. Since the war the tendency has been for undertakers to ask for a higher percentage than 10 per cent., but before the war a reduction of the percentage to a lower figure than 10 was often secured, and sometimes a local authority for an area within the limits of supply was empowered to give a guarantee, in order to supplement the revenue from water rates, and thus provide the 10 per cent.

AS TO FILTRATION, SOFTENING, ETC.-Other subjects that may be mentioned as being sometimes dealt with in special clauses are the imposition on undertakers of obligations as to filtration of water, as to the softening of hard waters, and as to chemical treatment of soft waters for preventing action on lead of a kind to produce lead poisoning.

Water Supply Powers: UNDER PUBLIC HEALTH ACT, 1875. So far we have been dealing with water undertakings established under special powers. It is necessary now to deal shortly with the general powers conferred by the Public Health Acts with respect to water supply.

Section 51 of the Public Health Act, 1875, empowers any urban authority to provide its district or any part thereof, and any rural authority to provide its district or any contributory place therein, or any part of such contributory place, with a supply of water for public and private purposes. An urban authority means a municipal corporation or an urban district council. A rural authority means a rural district council. A contributory place in a rural district means, generally speaking, a parish, but,