'SECT. 53.-Owner and occupier upon laying down communication pipes entitled to demand a supply of water for domestic purposes.. Page 245 PROTECTION OF WATER. 54.-Where undertakers by special act need not have water constantly laid on under pressure, persons supplied to provide and keep in repair a proper cistern with a ball and stop-cock. For neglect, undertakers may cut off pipe or turn off water from the premises p. 245 55.-Penalty not exceeding 57. for suffering cistern, pipe, ball or stop-cock to be out of repair p. 245 56.-Undertakers may repair cistern, pipe, ball or stop-cock, and recover .. p. 246 the expenses 57.-Power to surveyor employed by undertakers to enter houses to examine if there be any waste or misuse of water. If admittance refused, undertakers may turn off the water p. 246 58.-Penalty not exceeding 51. on persons supplied with water allowing other persons (unless in cases specified) to use the undertakers' · P. 246 59.-Penalty not exceeding 107. for taking the undertakers' water without agreement P. 246 60.-Penalty not exceeding 57. for wilfully or carelessly breaking, injuring or opening any lock, cock, valve, pipe, &c. .. FOULING THE WATER. .. P. 246 p. 247 61.-Penalty not exceeding 51. for causing water of the undertakers to be fouled. Further penalty of 20s. for each day 62.-Penalty not exceeding 2007. for permitting substances produced in making gas to flow into the undertakers' works, &c.-to be sued for within six months 63.-Daily penalty of 201. for each day during continuance of the offence p. 248 p. 248 64.-Penalty not exceeding 207. for fouling water by the gas of any person making or supplying gas. Further penalty not exceeding 107. for each day during continuance of offence p. 248 65.-Power to examine gas pipes to ascertain cause of water being fouled, upon giving twenty-four hours' notice .. .. P. 248 66.-The expenses of the digging, examination, &c. to abide the result of the examination p. 249 67.-The amount of such expenses to be ascertained and recovered in the same manner as damages for the ascertaining and recovery whereof no special provision is made (see sect. 85) .. WATER RATES. p. 249 68.-Water rates to be payable by the persons requiring, receiving or using the supply of water, and according to the annual value of the tenement supplied 69.—Where several houses supplied by one pipe the several owners or occupiers each to pay p. 251 SECT. 70.-Rates to be paid quarterly Page 251 71.---Parties giving notice to discontinue use of water or removing, to P. 251 pay to the next quarter day 72.-Owners of houses not exceeding 107. rent shall be liable to the payment of the rates instead of the occupiers thereof P. 251 73.-But tenants under existing leases to repay the owner P. 252 74.-On neglect to pay water rates, undertakers may cut off supply and recover rates if less than 207., with expenses of cutting off the water and costs, in the same manner as damages for the recovery of which no special provision is made (see sect. 85); or if 201. or upwards by action p. 252 PROFITS OF THE UNDERTAKING. 75.-Not to exceed the prescribed rate, or, where no rate is prescribed, 107. per cent. by the year on the paid-up capital, unless a larger dividend be at any time necessary to make up the deficiency of any previous dividend which shall have fallen short of the said yearly rate P. 253 76.-If profits exceed the amount limited, excess to be invested and form a reserve fund · P. 259 77.—Reserved fund not to be resorted to unless to meet an extraordinary claim 78.-When such fund amounts to prescribed sum or one tenth part of the nominal capital, interest to be applied to general purposes of the undertaking.. .. P. 260 P. 260 79.-If profits are less than the prescribed rate a sum may be taken from reserved fund to supply deficiency · P. 260 80.-Court of quarter sessions (in Scotland the sheriff) may on petition of two water ratepayers appoint person to ascertain state of undertaking; and if profits are more than the prescribed amount a rateable reduction to be made in the price of water . p. 260 81.-Court may order the petitioner to pay the costs of groundless petition P. 261 82.-Penalty of 1007. on undertakers refusing to produce books, vouchers, &c. to such person (s. 80). Further daily penalty of 107. p. 261 83.-Annual account to be made up by undertakers and sent to the clerk of the peace in England or Ireland, or to the sheriff clerk in Scotland, and to be open to inspection P. 261 84.-If any person shall have committed any irregularity, trespass, or other wrongful proceeding in the execution of this or the special act, &c., and, before action, tender of sufficient amends be made, party injured not to recover. Payment into court where no tender made p. 262 RECOVERY OF DAMAGES AND PENALTIES. 85.-The clauses of "The Railways Clauses Consolidation Act, 1845" (in Scotland "The Railways Clauses Consolidation [Scotland] Act, SECT. 1845"), with respect to the recovery of damages not specially provided for, and of penalties, &c., to be incorporated with this and the special act Page 263 86.-In Ireland part of penalties to be paid to guardians of unions.. p. 263 87.-All things required to be done by two justices in England and Ireland may, in certain cases, be done by one, and in Scotland by the sheriff, &c. 88.-Penalties, &c. imposed in respect of offences committed within the metropolitan police district to be paid to the receiver, and applied under 2 & 3 Vict. c. 71.. p. 263 P. 264 89.-Persons giving false evidence liable to penalties of perjury p. 264 ACCESS TO SPECIAL ACT. .. 90.-Copies of special act to be kept by undertakers in their office, and deposited with the clerks of the peace, &c., and be open to inspection P. 265 91.-Penalty of 207. on undertakers failing to keep or deposit such copies. Further penalty of 57. daily during continuance of offence p. 265 92.-Undertakers not exempt from the provisions of 57 Geo. 3, c. 29, or from the laws regulating sewers p. 265 93.-Undertakers not exempt from provisions of any future general 1. Short title, "The Waterworks Clauses Act, 1863." This and Act of 1847 may be cited together as "The Waterworks Clauses Acts, 1847 and 1863" .. Page 267 2.-To apply to any waterworks whose special act incorporates this act. Interpretation of terms.. SECURITY OF RESERVOIRS. • p. 267 3.-When any person interested complains to justices that any reservoir is in a dangerous state, inquiry may be made: or two justices may proceed without complaint .. p. 268 4.-If satisfied reservoir in a dangerous state, and danger imminent, justices shall order some person to enter on property of undertakers and lower the water in the reservoir, and execute and do works and things requisite for removing cause of complaint p. 269 5.-If danger not imminent, summons to issue to undertakers to answer, and upon hearing, the justices may order the undertakers to lower water in reservoir, and execute and do works and things requisite for removing cause of complaint. If undertakers fail to execute SECT. and do such works, justices may order persons to do so, or may impose penalty not exceeding 101. per day on undertakers during such failure 6.-Form of order by justices Page 269 p. 270 p. 269 7. Any person acting under such order not to be deemed trespasser. Penalty not exceeding 507. for wilfully obstructing such person 8.-Justices may order costs of and incident to order, and all or part of the expenses of the works and things executed and done in pursuance of such order, to be paid by the undertakers. Complainant may be ordered to pay undertakers' costs, if complaint groundless. p. 270 9.-Appeal by undertakers from order of justices to court of general or quarter sessions .. P. 270 10.—The undertakers not to be responsible for consequence of order p. 270 11.-Provisions as to Scotland. Sheriff shall be deemed to be empowered as well as two justices. Provision for appeal from justices and from sheriff-substitute .. SUPPLY OF WATER. .. p. 271 12.-Supply of water for domestic use shall not include water for cattle, or for horses, or for washing carriages, where such horses or carriages are kept for sale or hire or by a common carrier, or a supply for any trade, &c. .. p. 272 13. Want of supply for other than domestic purposes excused if caused by frost, unusual drought, or other unavoidable cause or accident. p. 272 p. 272 14.-Power to let meters for hire 15.-Power for ascertaining quantity consumed by meter, and for re moving meters, &c. PROTECTION OF WATER. p. 272 16.-Power to cut off water in cases where anything is done in contravention of provisions for prevention of waste, misuse, undue consumption, or contamination, &c. P. 273 17.-Penalty not exceeding 57. for wilfully suffering any pipe, valve, cock, cistern, &c. to be out of repair, or to be so used as that water is, or is likely to be wasted, misused, &c. P. 273 18.-Penalty not exceeding 40s. for application of water contrary to agreement p. 274 19.-Penalty not exceeding 57. for extension or alteration of pipes without consent of the undertakers 20.-Penalty not exceeding 57. for use of water without agreement. p. 274 RECOVERY OF RATES. p. 274 21.-Rates may be recovered by action P. 275 WATERWORKS CLAUSES ACT, 1847. 10 & 11 VICT. CAP. 17. An Act for consolidating in one Act certain Provisions usually contained in Acts authorizing the making of Waterworks for supplying Towns with Water. [23rd April, 1847.] WHEREAS it is expedient to comprise in one act sundry provisions usually contained in acts of parliament authorizing the construction of waterworks for supplying towns with water, and that as well for avoiding the necessity of repeating such provisions in each of the several acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves: Be it enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That this act shall extend only to such waterworks as shall be Extent of act. authorized by any act of parliament hereafter to be passed which shall declare that this act shall be incorporated therewith; and all the clauses of this act, save so far as they shall be expressly varied or excepted by any such act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, with the clauses of every other act which shall be incorporated therewith, form part of such act, and be construed therewith as forming one act. And with respect to the construction of this act and any act Interpretaincorporated therewith, be it enacted as follows: tions in this act: II. The expression "the special act" used in this act shall "Special act:" be construed to mean any act which shall be hereafter passed authorizing the construction of waterworks, and with which this act shall be incorporated; and the word "prescribed" used "prescribed :" in this act in reference to any matter herein stated shall be con strued to refer to such matter as the same shall be prescribed |