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Expense of fireplugs, &c. how to be borne.

Fireplugs to

be placed near manufactories, at request, &c.

of owners.

Pipes to be kept charged, and water taken to extinguish fires without charge.

put up a public notice in some conspicuous place in each street in which such fireplug is situated, showing its situation, which notice the undertakers may put up on any house or building in such street.

XL. The cost of such fireplugs, and the expense of fixing, placing, and maintaining the same in repair, and of providing such keys as aforesaid, shall be defrayed by the town commissioners.

XLI. The undertakers shall, at the request and expense of the owner or occupier of any work or manufactory situated in any street in which there shall be a pipe of the undertakers, place and maintain in effective order a fireplug (to be used only for extinguishing fires) as near as conveniently may be to such work or manufactory.

XLII. The undertakers shall at all times keep charged with water, under such pressure as aforesaid, all their pipes to which fireplugs shall be fixed, unless prevented by frost, unusual drought, or other unavoidable cause or accident, or during necessary repairs, and shall allow all persons at all times to take and use such water for extinguishing fire, without making compensation for the same.

Section 79 of the East London Waterworks Act, 1853, provided that the company shall, at the request of an owner or occupier of any premises situate in or adjoining any street in which any main or service pipe of the company is or shall be laid, and who requires a supply of water, afford such supply of water. The plaintiff declared upon this section, and stated that he was such an owner and occupier, and that he requested and required a supply of water, but that the defendants wrongfully, improperly and negligently made default in affording to the plaintiff the said supply, by reason whereof he was unable to extinguish a fire which destroyed his premises. The defendants pleaded that the said main or service-pipe had a certain fire-plug properly fixed in it, and that the said fire-plug was opened for the purpose of supplying water for extinguishing another fire, which was the cause of default. They also pleaded that they were prevented from affording the said supply of water from unavoidable cause or accident." It was held upon demurrer, that the former of these two pleas was good, but that the latter was bad. Campbell v. East London Waterworks Co., 26 L. T., N. S. 475.

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It will be observed that sect. 43 imposes penalties on undertakers disbeying this section. Ir a recent case the plaintiff, alleging a failur he part of the company within the meaning of this section, sought to recover damages in respect of the burning down of his timber yard and saw mills. The Court of Exchequer (following the case of Coh Steel, 3 L. & B. 402; 23 L. J., Q. B. 121, decided under the 7 & › Vac . 112, s. 18) decided that the declaration was good; but on appeal, th Court of Appeal reversed this decision, holding that the case was distinguishable from that of Couch v. Steel, for that the duty in that case was created under a different act of parliament from that on which the present action was founded. They were of opinion that it was highly im

probable that a water company when applying to parliament for statutory powers, and entering into a bargain with them as to the conditions on which these powers should be granted, would be willing to accept as one of those conditions the liability of having to insure gratuitously against fire all buildings within the district over which the powers were to extend, or that parliament would ever impose so unreasonable a condition, and that there was nothing in the Waterworks Clauses Act to show that they intended to do so. Atkinson v. Newcastle and Gateshead Waterworks Co., Weekly Notes, 23 June, 1877, p. 149; L. R., 6 Exch. 404.

Penalty for refusal to fix, &c. fireplugs,

failure of

supply of

water.

XLIII. If, except when prevented as aforesaid, the undertakers neglect or refuse to fix, maintain, or repair such fireplugs, or to furnish to the town commissioners a sufficient or occasional supply of water for the public purposes aforesaid, upon such terms as shall have been agreed on or settled as aforesaid, or if, except as aforesaid, they neglect to keep their pipes charged under such pressure as aforesaid, or neglect or refuse to furnish to any owner or occupier entitled under this or the special act to receive a supply of water during any part of the time for which the rates for such supply have been paid or tendered, they shall be liable to a penalty of ten pounds, and shall also forfeit to the town commissioners, and to every person having paid or tendered the rate, the sum of forty shillings for every day during which such refusal or neglect shall continue after notice in writing shall have been given to the undertakers of the want of supply.

See notes to previous section.

And with respect to the communication pipes to be laid by the undertakers, be it enacted as follows:

communica

occupier, and

with consent

of owners, in houses of limited value.

XLIV. The undertakers shall, upon the request of the Undertakers owner of any dwelling-house in any street in which pipes to lay down shall have been laid down by them, the annual value of which tion pipes, on house shall not exceed ten pounds, or upon request of the requir occupier, with the consent in writing of the owner or reputed owner of any such house, or of the agent of such owner, and upon payment or tender of the proportion of water rate in respect of such house by this or the special act made payable in advance, lay down communication pipes and other necessary works for the supply of such house with water for domestic or other purposes, and shall keep the same in repair, and thereupon the occupier of such house shall be entitled to have a sufficient supply of water for his domestic purposes from the undertakers: and the undertakers may charge for such pipes and works, in addition to the water rate, such reason

W.

R

Penalty on undertakers for refusal to

lay communication pipes.

Undertakers

to remove

cover expenses of owners or occupiers.

able annual rent as shall be agreed upon, or, in case of dispute, as shall be settled by such inspector as aforesaid, when appointed, and in the meantime as shall in England or Ireland be settled by two justices, and in Scotland by the sheriff; and such rent shall be chargeable on and recoverable from the occupier, cr, in his default, from the owner of such house, at the same times and in the same manner as water rates; and such pipes and other works shall not be subject to distress or to the landlord's hypothec for rent, nor to be taken in execution under any process of a court of law or equity, or under any fiat or sequestration in bankruptcy, against such occupier or against such owner, unless he shall have become the proprietor of the said pipes and works under the provisions hereinafter contained.

XLV. If upon such request and consent, and upon tender or payment of such proportion of rate as aforesaid, the undertakers for seven days neglect or refuse to lay down such communication pipes or other works, they shall be liable to forfeit to the person so making such request the sum of five pounds, and a further sum of forty shillings for every day during which such refusal or neglect shall continue after seven days from the making of such request and tender as aforesaid.

XLVI. If the occupier for the time being of the house in to be at liberty which any such communication pipes or other works and pipes, and re-engines shall have been laid down by the undertakers refuse to pay for a supply of water, or if such house be unoccupied for twelve months, the undertakers may demand from the owner thereof payment of the amount of the principal money invested by them in providing and laying down such communication pipes and other works and engines; and if such owner, after ten days' notice given to him by the undertakers, neglect or refuse to pay such principal money, the undertakers may enter the house and remove such pipes and other works; and the balance of such principal money, after deducting the value of such pipes and other works, with all arrear of rent for such pipes and works, shall, in default of payment, be recovered, with the costs incurred, from the owner or from the occupier for the time being in the same manner as water rates are directed by this or the special act to be recovered: provided always, that no greater sum shall

No greater

sum to be

than amount

be recovered from any such occupier than the amount of rent recovered for the time being owing by him, unless he refuse to discover from occupiers the amount of rent owing by him; and that every such of rent due. occupier shall be entitled to deduct from the amount of rent payable by him the sum so recovered from him, or which he shall have paid, on demand.

Owner to be

at liberty to purchase the

XLVII. The owner or reputed owner of any house where any such communication pipes or other works shall have been laid down by the undertakers may at any time pay off the pipes. amount then due to the undertakers in respect of the cost of providing and laying down such pipes and works, and all rent to that time due in respect thereof, and thereupon such pipes and works shall become the property of such owner, and all further rent in respect thereof shall cease to accrue to the undertakers.

And with respect to the communication pipes to be laid by the inhabitants, be it enacted as follows:

Power to
lay service
pipes, giving
the under-

inhabitants to

XLVIII. Any owner or occupier of any dwelling-house or part of a dwelling-house within the limits of the special act who shall wish to have water from the waterworks of the undertakers brought into his premises, and who shall have takers notice paid or tendered to the undertakers the portion of water rate of the same. in respect of such premises, by this or the special act directed to be paid in advance, may open the ground between the pipes of the undertakers and his premises, having first obtained the consent of the owners and occupiers of such ground, and lay any leaden or other pipes from such premises, to communicate with the pipes of the undertakers, such pipes to be of a strength and material to be approved of by the undertakers, or, in case of dispute, to be settled in England or Ireland by two justices, and in Scotland by the sheriff, or in either case by the inspector to be appointed as aforesaid: provided always, that every such owner or occupier shall, before he begins to lay any such pipe, give to the undertakers fourteen days' notice of his intention to do so.

tion with the

be made under

XLIX. Before any pipe is made to communicate with the Communicapipes of the undertakers, the person intending to lay such pipes of the pipe shall give two days' notice to the undertakers of the day undertakers to and hour when such pipe is intended to be made to com- the superinmunicate with the pipes of the undertakers; and every such pipe shall be so made to communicate under the super

tendence of their surveyor.

As to the settling of disputes.

Bore of

service pipes.

Service pipes may be removed after

of the same.

intendence and according to the directions of the surveyor or other officer appointed for that purpose by the undertakers, unless such surveyor or officer fail to attend at the time mentioned in the said notice; and in case of any dispute as to the manner in which such pipe shall be so made to communicate, it shall in England or Ireland be settled by two justices, and in Scotland by the sheriff, or in either case by the inspector to be appointed as aforesaid.

L. The bore of any such pipe as last aforesaid shall not exceed the prescribed limits, and where no limit shall be prescribed it shall not exceed half an inch, except with the consent of the undertakers.

LI. Any person who shall have laid down any pipe or other works, or who shall have become the proprietor thereof, giving notice may remove the same after having first given six days' notice in writing to the undertakers of his intention so to do, and of the time of such proposed removal; and every such person shall make compensation to the undertakers for any injury or damage to their pipes or works which may be caused by such removal; and every person who shall remove any such pipe or other works without giving such notice as aforesaid shall forfeit to the undertakers a sum not exceeding five pounds over and above the damage which he may be found liable to pay in any action at law, at the suit of the undertakers, for the damage done to their pipes or works.

Penalty on removing pipes without notice.

Power to inhabitants to break up pavements, giving notice of the same.

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LII. Any such owner or occupier may open or break up so much of the pavement of any street as shall be between the pipe of the undertakers and his house, building, or premises, and any sewer or drain therein, for any such purpose as aforesaid, doing as little damage as may be, and making compensation for any damage done in the execution of any such work provided always, that every such owner or occupier desiring to break up the pavement of any street, or any sewer or drain therein, shall be subject to the same necessity of giving previous notice, and shall be subject to the same control, restriction, and obligations in and during the time of breaking up the same, and also reinstating the same, and to the same penalties for any delay in regard thereto, as the undertakers are subject to by virtue of this or the special act.

In regard to the meaning of the words "doing as little damage as

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