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38 & 39 Vict., liabilities capacities and obligations are to be exercised Cap. 55. and attach:

Power of rural authority to form special drainage districts.

Substitution in other Acts of provisions of this Act for provisions of repealed Acts.

Provided that an order of the Local Government Board made on the application of one tenth of the persons rated to the relief of the poor in any contributory place shall not invest the rural authority with any new powers beyond the limits of such contributory place.

[For provision as to Ireland similar to that contained in above s. 276, see Public Health (Ireland) Act, 1896, s. 1, p. 448.]

277. It shall be lawful for a rural authority, by resolution to be approved by the Local Government Board, but not otherwise, to constitute any portion of the area within their jurisdiction a special drainage district, for the purpose of charging thereon exclusively the expenses of works of sewerage water supply or of other works, which by this Act are or by order of the Local Government Board may be declared to be special expenses, and thereupon such area shall become a separate contributory place.

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[279-286. (Irish Act, 12-14, 235, 236.) (a) Union of Districts.]

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[297, 298. (Irish Act, 214, 215.) Provisional Orders by Local Government Board.]

[299-302. (As to Ireland, Public Health (Ireland) Act, 1896, s. 15.) Power of Local Government Board to enforce performance of duty by defaulting Local Authority.]

[305. (Irish Act, 271.)

[307. (Irish Act, 273.) local or sanitary authority.]

[308. (Irish Act, 274.) local or sanitary authority.]

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Entry on lands for purposes of Act.]

Penalty on damaging works, &c. of

Compensation in case of damage by

313. Where in any Act, or order made by one of Her Majesty's Principal Secretaries of State or by the Local Government Board and in force at the time of the passing of this Act, or in any document, any provisions of any of the Sanitary Acts which are repealed by this Act are mentioned or referred to, such Act order or document shall be read as if the provisions of this Act applicable to purposes the same as or similar to those of the repealed provisions were therein mentioned or referred to instead of such repealed provisions and were substituted for the same; nevertheless those substituted provisions shall have effect

(a) See also Public Health (Ireland) Act, 1896, s. 2.

Cap. 55.

subject to any modification or restriction in such Act order 38 & 39 Vict., or document expressed in relation to the repealed provisions therein mentioned or referred to.

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[332. (Irish Act, s. 286.) Saving for water rights generally.]

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343. * * *

So much of the said Acts (b) as is set forth in the third part of that schedule (c) shall be re-enacted in manner therein appearing, and shall be in force as if enacted in the body of this Act.

Repeal of
Acts in

Schedule V. (a)

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The powers and duties of the Board of Trade under the Metropolis Water Acts, 1852 and 1871, shall be exerciseable and performed by the Local Government Board, and the Local Government Board shall be deemed to be substituted for the "Board of Trade" wherever the latter expression occurs in the said Acts.

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[Words omitted refer to Alkali Act, 1863, repealed by Alkali, &c. Works Regulation Act, 1881, s. 30.]

Transfer of powers and duties of Board

of Trade under *** Metropolis Water Acts, 1852 and 1871, to Local Government Board.

(a) Repealing portion of s. 343 repealed by Statute Law Revision (No. 2) Act, 1893, and that of corresponding section 294 of Irish Act repealed by Statute Law Revision Act, 1883. As to nonrevival, however, of enactments repealed by such repealing portion, see Interpretation Act, 1889, ss. 11. (1.), p. 369, and 38. (2.) (a), p. 376.

(b) The repealed Acts.

(c) Schedule V. to this Act. See extract therefrom, above.

38 & 39 Vict., Cap. 86.

Short title.

Breach of contract by persons employed in supply of gas

or water.

CONSPIRACY, AND PROTECTION
OF PROPERTY ACT, 1875.

38 & 39 Vict., Cap. 86. An Act for amending the Law relating to Conspiracy, and to the Protection of Property, and for other purposes.

[13th August 1875.1

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

1. This Act may be cited as the Conspiracy, and Protection of Property Act, 1875.

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4. Where 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 gas or water, wilfully and maliciously breaks 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 gas or water, he shall on conviction thereof by a court of summary jurisdiction or on indictment as herein-after mentioned, be liable either to pay a penalty not exceeding twenty pounds or to be imprisoned for a term not exceeding three months, with or without hard labour.

Every such municipal authority, company, or contractor as is mentioned in this section shall cause to be posted up, at the gasworks or waterworks, as the case may be, belonging to such authority or company or contractor, a printed copy of this section in some conspicuous place where the same may be conveniently read by the persons employed, and as often as such copy becomes defaced, obliterated, or destroyed, shall cause it to be renewed with all reasonable despatch.

If any municipal authority or company or contractor make default in complying with the provisions of this section in relation to such notice as aforesaid, they or he

Cap. 86.

shall incur on summary conviction a penalty not exceeding 38 & 39 Vict., five pounds for every day during which such default continues, and every person who unlawfully injures, defaces, or covers up any notice so posted up as aforesaid in pursuance of this Act, shall be liable on summary conviction to a penalty not exceeding forty shillings.

5. Where any person wilfully and maliciously breaks a contract of service or of hiring, 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 endanger human life, or cause serious bodily injury, or to expose valuable property whether real or personal to destruction or serious injury, he shall on conviction thereof by a court of summary jurisdiction, or on indictment as herein-after mentioned, be liable either to pay a penalty not exceeding twenty pounds, or to be imprisoned for a term not exceeding three months, with or without hard labour.

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[9-12. Legal Proceedings. S. 12 in part repealed as to England by Summary Jurisdiction Act, 1884, s. 4.]

13. In this Act,

Definitions.

The expression "the Summary Jurisdiction Act" means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the "duties of justices of the peace out of sessions within "England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same; and

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The expression court of summary jurisdiction

means

(1.) As respects the city of London, the Lord Mayor or any alderman of the said city sitting at the Mansion House or Guildhall justice room; and (2.) As respects any police court division in the Metropolitan police district, any Metropolitan police magistrate sitting at the police court for that division; and

(3.) As respects any city, town, liberty, borough, place, or district for which a stipendiary magistrate is for the time being acting, such stipendiary magistrate sitting at a police court or other place appointed in that behalf; and

(4.) Elsewhere, any justice or justices of the peace to whom jurisdiction is given by the Summary Juris

Breach of

contract in

volving injury property.

to persons or

"Court of summary jurisdiction "'

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diction Act: Provided that, as respects any case within the cognisance of such justice or justices as last aforesaid, an information under this Act shall be heard and determined by two or more justices of the peace in petty sessions sitting at some place appointed for holding petty sessions. Nothing in this section contained shall restrict the jurisdiction of the Lord Mayor or any alderman of the city of London, or of any metropolitan police or stipendiary magistrate, in respect of any act or jurisdiction which may now be done or exercised by him out of court.

14. The expression "municipal authority" in this Act means any of the following authorities, that is to say, the Metropolitan Board of Works (a), the Common Council of the city of London, the Commissioners of Sewers of the city of London (b), the town council of any borough for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled "An Act to provide for the Regulation of Municipal Corporations in England and "Wales," (c) and any Act amending the same, any commissioners, trustees, or other persons invested by any local Act of Parliament with powers of improving, cleansing, lighting, or paving any town, and any local board.

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Any municipal authority or company or contractor who has obtained authority by or in pursuance of any general or local Act of Parliament to supply the streets of any city, borough, town, or place, or of any part thereof, with gas, or which is required by or in pursuance of any general or local Act of Parliament to supply water on demand to the inhabitants of any city, borough, town, or place, or any part thereof, shall for the purposes of this Act be deemed to be a municipal authority or company or contractor upon whom is imposed by Act of Parliament the duty of supplying such city, borough, town, or place, or part thereof, with gas or water.

15. The word "maliciously" used in reference to any offence under this Act shall be construed in the same manner as it is required by the fifty-eighth section of the Act relating to malicious injuries to property, that is to say, the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety

(a) Now London County Council. See Local Government Act, 1888, s. 40. (8), p. 362.

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

(c) Repealed by Municipal Corporations Act, 1882, s. 5. For substituted reference to that Act, see s. 242. (3) thereof.

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