32 & 33 Vict., Cap. 30.

General use of subway.

Maintenance of pipes and subways.

Manner and terms of

supervision.

Application of Commissioners' Acts, &c.

commissioners (a); and if any difference arises respecting the reasonable amount of those expenses, the same shall be settled by an arbitrator to be appointed by the Board of Trade on the application of either party, and the costs of the reference shall be in the discretion of the arbitrator; and in case it is necessary for the purpose of such removal to substitute any new pipe for any existing pipe in the street, the arbitrator may apportion the cost of such substitution between the commissioners (a) and the com pany, body, or person, if he considers that the company, body, or person will derive any benefit from the removal or substitution. If the company, body, or person fail to comply with the notice, the commissioners (a) (whether having the control or management of the surface and soil of the street or not), if they think fit, may take up the pipe in respect of which default is made, and may remove the same into the subway, and for that purpose may open and break up the street.

6. The commissioners (a) shall, as far as space will admit, and without favour or preference, allow pipes to be laid in any subway under their management.

7. All pipes placed in a subway under this Act shall be maintained by the companies, bodies, or persons to whom the same belong, under the supervision of the commissioners (a), and the subway shall be maintained by the commissioners (a) in an efficient state of ventilation and repair, and free from water and other obstruction in the way of the companies, bodies, or persons using the same.

8. The supervision of the pipes in a subway, and the general management of the subway by the commissioners (a), shall be conducted in such manner and on such terms, pecuniary and other, as are from time to time agreed on between the commissioners (a) and the companies, bodies, and persons using the subway, or as in case of difference are determined by the Board of Trade, or by an arbitrator appointed by that board on the application of either party, and the costs of the reference shall be in the discretion of the arbitrator, and each party shall do all acts necessary to give effect to the reference and award.

9. For the purposes and in the execution of this Act, the commissioners (a) shall have and may exercise all powers, privileges, and authorities conferred on them by the Acts constituting and regulating them, and, as far as may be, the provisions of those Acts shall apply for the

(a) Now Common Council. See City of London Sewers Act, 1897, s. 7, p. 470.

Cap. 30.

purposes and in the execution of this Act, and particularly 32 & 33 Vict., the provisions in those Acts, or either of them, relating to the recovery and application of penalties.

10. Nothing in this Act shall take away or abridge any Saving for right or power or authority vested in or exerciseable by powers. the mayor, aldermen, and commons of the city of London

in common council assembled, or the commissioners (a) independently of this Act.

11. The costs, charges, and expenses preliminary to, Expenses of and of and incidental to, the preparing, applying for, ob- Act. taining, and passing this Act shall be paid by the mayor, aldermen, and commons out of any money coming to them under "The Holborn Valley Improvement Act, 1864," and "The Holborn Valley Improvement (Additional Works) Act, 1867," or any Act of Parliament passed to provide funds for the execution of the works authorized by those Acts.

(a) Now Common Council. See City of London Sewers Act, 1897, s. 7, p. 470.

33 & 34 Vict.,

Cap. 70.

Short title.

Interpretation of terms.

GAS AND WATER

WORKS

FACILITIES ACT, 1870.

33 & 34 Vict., Cap. 70. An Act to facilitate in certain cases the obtaining of powers for the construction of Gas and Water Works and for the supply of Gas and Water. (a)

[9th August 1870.] [Introductory words repealed by Statute Law Revision (No. 2) Act, 1893.]

PRELIMINARY.

1. This Act may be cited for all purposes as Gas and Water Works Facilities Act, 1870."

"The

2. For the purposes of this Act the terms hereinafter mentioned shall have the meanings herein-after assigned to them; that is to say,

The term "local authority" shall mean the bodies of persons named in the table in the Schedule (A.) to this Act annexed:

The term "road" shall mean any carriageway being a public highway, and any bridge forming part of the 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.

(a) This Act does not apply to the Metropolis. See s. 15.

DESCRIPTION OF CASES WITHIN THIS ACT. (a) 3. This Act shall apply where powers are required for all or any of the purposes following:(1.) To construct or to maintain and continue gasworks and works connected therewith, or to manufacture and supply gas in any district within which there is not an existing company, corporation, body of commissioners, or person empowered by Act of Parliament to construct such works or to manufacture and supply gas:

(2.) To construct or to maintain and continue waterworks and works connected therewith, or to supply water in any district within which there is not an existing company, corporation, body of commissioners, or person empowered by Act of Parliament to construct such works and to supply water:

(3.) To raise additional capital necessary for any of the purposes aforesaid:

(4.) To enable two or more companies or persons duly authorised 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 authorise 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.

PROVISIONAL ORDERS AUTHORISING GAS AND

WATER UNDERTAKINGS.

33 & 34 Vict., Cap. 70.

Act to apply

to certain cases. (a)

4. Provisional Orders authorising any gas under- By whom taking or water undertaking under the authority of this provisional orders Act may be obtained in any district by any company, comauthorising panies, or person; and in the construction of this Act the undertakings

(a) For power of urban authorities to obtain provisional orders under this Act, see Public Health Act, 1875, s. 161, and Public Health (Ireland) Act, 1878, s. 80, p. 272.

33 & 34 Vict., Cap. 70.

may be obtained.

Notices and deposit of documents by promoters as

in schedule.

term "the undertakers" shall be deemed to include any such company, companies, or person.

Where the undertakers require powers for the purpose of constructing gasworks or 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 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.

5. The undertakers intending to make an application for a Provisional Order in pursuance of this Act shall proceed as follows:

:

(1.) On or before the first of November next before their application they shall give notice in writing of their intention to make the same to every company, corporation, or person (if any) supplying gas (if the proposed application relates to gasworks) or water (if the proposed application relates to waterworks) within the district to which the proposed application refers:

(2.) In the months of October and November next before their application, or in one of those months, they shall publish notice of their intention to make such application by advertisement, according to the regulations contained in Part One of the Schedule (B.) to this Act; and where it is proposed to abstract water from any stream for any waterwork, they shall give notice in writing of their intention to make such application to the owners or reputed owners, lessees or reputed lessees, and occupiers of all mills and manufactories or other works using the waters of such stream for a distance of twenty miles below the point at which such water is intended to be abstracted, such distance to be measured along the course of such stream, unless such waters shall within a less distance than twenty miles fall into or unite with any navigable stream, and then only to the owners or reputed owners,