require powers for the purpose of constructing waterworks or works connected therewith within any district, the consent of the local authority of such district shall be necessary before any provisional order can be obtained; and, where in such district there is a road authority distinct from the local authority, the consent of such road authority shall also be necessary in any case where power is sought to break up any road of such road authority, before any provisional order can be obtained, unless the Board of Trade (now the Ministry of Health), in any case in which the consent of the local authority or road authority is refused, are of opinion, after inquiry, that, having regard to all the circumstances of the case, such consent ought to be dispensed with, and in such case they shall make a special report stating the grounds upon which they have dispensed with such consent.

The Act makes provision as to the giving of notices of intention to apply, and the making of application, for provisional orders; the lodging and hearing of objections; the making and publication of orders; their confirmation by Parliament; and other matters of procedure. Section 7 directs that a provisional order shall not contain any provision for empowering the undertakers or any other person to acquire lands otherwise than by agreement, or to acquire any lands, even by agreement, except to an extent therein limited. One of the effects of this section is to preclude undertakers from obtaining powers by provisional order to interfere compulsorily with the water rights of riparian or other proprietors. Section 10 says that the provisions of the Waterworks Clauses Acts, 1847 and 1863, shall be incorporated with a provisional order authorising a water undertaking save where the same are thereby expressly varied or excepted. The provisions of the Lands Clauses Acts are to be similarly incorporated, except where expressly varied or excepted, and except as to the provisions with respect to the purchase and taking of lands otherwise than by agreement, and the provisions with respect to the entry upon lands by the promoters of the undertaking.

Section II provides that, if the undertakers empowered by provisional order to make works do not within 3 years from the date of the order, or within any shorter period prescribed therein, complete the works; or if within I year, or such shorter time as is prescribed, the works are not substantially commenced; or if the works are commenced, but, whilst the powers to carry them on exist, are suspended without a reason sufficient, in the opinion of the Ministry of Health, to warrant such suspension, the powers of the provisional order for executing the works are to cease, except as to so much as is then completed, unless the time be prolonged by special direction of the Ministry.

Section 12 empowers the undertakers to demand and take, for water supplied, rates not exceeding the sums specified in the provisional order.

Section 13 says that nothing in any provisional order, or Act confirming the same, shall exempt the undertaking or the owners thereof from the provisions of any general Act of Parliament relating to waterworks passed thereafter, or from any revision or alteration under the authority of Parliament of the maximum rates to be taken under the order.

The Gas and Water Works Facilities Act, 1870, Amendment Act, 1873, empowers the Ministry to revoke, amend, extend, or vary any provisional order by a further provisional order. It also empowers the Ministry to hold a public inquiry with respect to any application for a provisional order.

UNDER CONSPIRACY AND PROTECTION OF PROPERTY ACT, 1875.-The Conspiracy and Protection of Property Act, 1875, makes it an offence, punishable by fine or imprisonment, for a person employed by a municipal authority, or by any company or contractor upon whom is imposed by Act of Parliament the duty, or who have otherwise assumed the duty, of supplying any city, borough, town, or place, or any part thereof, with water, wilfully and maliciously to break a contract of service with that authority, or company, or contractor, knowing or having reasonable

cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city, borough, town, place or part, wholly or to a great extent, of their supply of water. A printed copy of the section in which this provision is embodied is to be conspicuously posted up at the waterworks of every such municipal authority, company, or contractor.

OF

UNDER WATER UNDERTAKINGS (MODIFICATION CHARGES) ACT, 1921.-The only other general Act I have to refer to with respect to water supply is the Water Undertakings (Modification of Charges) Act, 1921. This provides that, where, on the application of any water undertakers, that is to say, any local authority, joint board, company, body or person authorised to supply water by any Act of Parliament or order having the force of an Act of Parliament, it appears to the Minister of Health that, for the purpose of meeting any increase in the cost and charges of and incidental to the carrying on of the undertaking, attributable to circumstances arising since the 4th day of August, 1914, which were beyond the control of, and could not have been reasonably avoided by, the undertakers, an order should be made under this Act with regard to the undertaking, he may make such an order, which may provide for modifying any statutory or other provision affecting or regulating charges to be made by the undertakers, or for the modification of the provisions of any award or agreement which determine the price to be charged by the undertakers for the supply of water, or for any fittings, materials or service in connection therewith. Such modification, however, may only be made so far as reasonably necessary for the purpose of meeting such increase of cost and charges, and, where the undertakers are a company, no modification may be made which, in the opinion of the Minister, would enable the company, with due care and management, to pay a dividend on the ordinary stock or shares of the undertaking in excess of the maximum rates prescribed for the undertaking, or to make up the deficiency of any previous dividends which shall have fallen short of such rates. The

Act further provides that, if, at any time, on the application of the undertakers or a local authority, or, where the local authority are the undertakers, of 20 consumers, it appears to the Minister that the costs and charges of and incidental to the carrying on of the undertaking in respect of which an order has been made have substantially altered, the Minister may make an amending order revising the powers of charging, so, however, that the revised maximum charges shall not in any case be less than the statutory maximum charges applicable to the undertaking on August 4th, 1914. The Act makes provision as to the giving of notice of applications for orders; the lodging and consideration of objections; and the holding of inquiries. On the making of an order, notice is to be given of the making and effect thereof to any local authority or persons who have objected to the application, and if, within 4 weeks from the date of such notice, any such local authority, or, where a local authority are the undertakers, twenty consumers, being persons who have so objected, give notice in writing to the Minister that they object to the order, and the objection is not withdrawn, or if, for any other reason, the Minister thinks it desirable, the order shall be provisional only, and shall not have effect unless and until confirmed by Parliament.

CHAPTER X.

GAS SUPPLY.

Scope of Subject. The points to be considered in relation to gas supply undertakings will relate mainly to the following matters:

1. Manufacture of gas.

2. Distribution and sale of gas.

3. Dealings with residual products of gas manufacture. 4. Special matters connected with Power Gas.

The clauses Acts having reference to gas supply are the Gasworks Clauses Acts, 1847 and 1871, and the general Acts are the Sale of Gas Act, 1859, the Gas and Water Works Facilities Acts, 1870 and 1873, certain sections of the Public Health Act, 1875, and the Gas Regulation Act, 1920.

Manufacture of Gas, and Precautions against Nuisance. It must be borne in mind that the manufacture of gas is a business which, if not carefully regulated, may give rise to serious nuisance in the locality in which it is carried on. The Gasworks Clauses Act, 1847, contains evidence of this fact in a group of clauses, 21 to 29, placed under the general heading "with respect to the provision for guarding against fouling water or other nuisance from the gas." They include provisions almost identical with those contained in sections 62 to 67 of the Waterworks Clauses Act, 1847, with which we have already dealt, and in addition thereto section 24 requires, under penalty for default, that, whenever any gas shall escape from any pipe laid down or set up by or belonging to the undertakers, they shall, immediately after receiving notice thereof in writing, prevent such escape; and section 29 imposes an important limitation on the powers granted to the undertakers, for it says that