parliament to carry any sewage into the sea or any tidal tain local waters, nothing done by such authority in pursuance of such authorities. enactment, shall be deemed to be an offence against this act. (3) Definitions. 20. In this act, if not inconsistent with the context, the Definitions. following terms have the meanings hereinafter respectively assigned to them; that is to say, "Person" includes any body of persons, whether corporate or unincorporate: "Stream" includes the sea to such extent, and tidal waters to such point, as may, after local inquiry and on sanitary grounds, be determined by the local government board, by order published in the London Gazette. Save as aforesaid, it includes rivers, streams, canals, lakes, and watercourses, other than watercourses at the passing of this act mainly used as sewers, and emptying directly into the sea, or tidal waters which have not been determined to be streams within the meaning of this act by such order as aforesaid : "Solid matter" shall not include particles of matter in suspension in water: Polluting" shall not include innocuous discoloration: "Sanitary authority" means In the metropolis, as defined by "The Metropolis PART V. APPLICATION OF THE ACT TO SCOTLAND. 21. In the application of this act to Scotland the following Modifications provisions shall have effect: (1.) The expression "sanitary authority" shall mean and include the local authority in any parish or burgh in Scotland, acting under the Public Health (Scotland) Act, 1867: (2.) The expression "London Gazette" shall mean Edinburgh Gazette: of act in Scotland. (3.) The expression "The Public Health Act, 1875," shall mean the Public Health (Scotland) Act, 1867, and any acts amending the same: (4.) This act shall be read and construed as if for the expression "the local government board," wherever it occurs therein, the expression "the secretary of state" were substituted; and the expression "the secretary of state" shall mean one of her majesty's principal secretaries of state: (5.) The expression "the county court" shall mean the sheriff of the county, and shall include sheriff substitute; and the expression "plaint entered in a county court" shall mean petition or complaint presented in a sheriff court: (6.) The expression "the High Court of Justice" shall mean the court of session in either division of the inner house thereof: (7.) All the jurisdiction, powers, and authorities necessary for the purposes of this act are hereby conferred on sheriffs and their substitutes: (8.) The court of session may, on the application of the lord advocate, on behalf of the secretary of state, interpone their authority to any order made by the secretary of state as to the costs incurred by him in relation to inquiries instituted by him under this act, and as to the parties by whom such costs shall be borne; and may grant decree conform thereto, upon which execution and diligence may proceed in common form: (9.) An inspector appointed for the purposes of this act by the secretary of state shall, for the purposes of any inquiry directed by the secretary of state under this act, be entitled, by a summons signed by him, to require the attendance of all persons he may think fit to call before him in regard to the matters of the inquiry, and to adminster oaths to, and examine upon oath, all such persons, and to require and enforce the production upon oath of all documents, accounts or papers in anywise relating to such inquiry; and shall also have, in relation to the inspection of places and matters required to be inspected, similar powers to those which sanitary inspectors have under "The Public Health (Scot- PART VI. 22. In the application of this act to Ireland the following Application of provisions shall have effect: (1.) The expression "sanitary authority" shall mean any (2.) The expression "The Public Health Act, 1875," shall (5.) The expression "plaint entered in a county court" (6.) The expression "the High Court of Justice" shall (8.) The expression "the London Gazette" shall mean the (9.) All the jurisdiction, powers, and authorities necessary for the purposes of this act are hereby conferred upon the civil bill courts and superior courts, and the judges of the same respectively: (10.) All penalties, when recovered by or on behalf, or at the instance of or in any proceeding instituted by any sanitary authority, or any officer of such authority, shall be paid to such sanitary authority, and by the same applied in aid of their expenses under the Sanitary Acts; and save as aforesaid all such penalties shall be applied in manner directed by "The Fines Act (Ireland), 1851," and any act amending the same. W. A A this act to Ireland. GAS AND WATER WORKS FACILITIES ACT, 1870. Short title. Interpretation of terms. 33 & 34 VICT. CAP. 70. An Act to facilitate in certain Cases the obtaining of Powers Be it enacted by the Queen's most excellent majesty, by and Preliminary. 1. This act may be cited for all purposes as "The Gas and Water Works Facilities Act, 1870." 2. For the purposes of this act the terms hereinafter mentioned shall have the meanings hereinafter assigned to them; that is to say, The term "local authority' The term "road" shall mean any carriageway being a same: The term "road authority" shall mean any local authority, board, town council, body corporate, commissioners, trustees, vestry, or other body or persons in whom a road as defined by this act is vested, or who have the power to maintain or repair such road: The term "district," in relation to a local authority, shall mean the area within the jurisdiction of such local authority. The term "The Lands Clauses Acts" means, so far as the provisional order in which that term is used relates to England or Ireland, "The Lands Clauses Consolidation Act, 1845;" and, so far as the same relates to Scotland, "The Lands Clauses Consolidation (Scotland) Act, 1845;" together with, in each case, "The Lands Clauses Consolidation Acts Amendment Act, 1860." Description of Cases within this Act. 3. This act shall apply where powers are required for all Act to apply or any of the purposes following : (1.) To construct or to maintain and continue gasworks and works connected therewith, or to manufacture (2.) To construct or to maintain and continue waterworks (3.) To raise additional capital necessary for any of the purposes aforesaid: (4.) To enable two or more companies or persons duly authorized to supply gas or water in any district or in adjoining districts to enter into agreements jointly to furnish such supply, or to amalgamate their undertakings: (5.) To authorize two or more companies or persons supplying gas or water in any district or in adjoining districts to manufacture and supply gas or to supply water, and to enter into agreements jointly to furnish such supply and to amalgamate their undertakings: and such purposes, or any one or more of them, as the case may be, shall, for the purposes of this act, be deemed to be included in the term "gas undertaking" or "water undertaking," according as the same relate to the supply of gas or water; provided that any gas or water company empowered as aforesaid may apply for and avail themselves of the facilities of this act within their own districts respectively. to certain cases. |