Cap. 49. Power to 48. Any officer appointed by the commissioners may 39 & 40 Vict., at all reasonable times enter any building or land lighted with gas supplied by the commissioners, in order to inspect the meters, fittings, and works for the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such inspection as and for aforesaid at any reasonable time, he shali for every such ascertaining offence forfeit to the commissioners a sum not exceeding quantities of five pounds. enter buildings to inspect meters &c., gas consumed. commissioners removing 49. Before any person shall connect or disconnect Notice to any meter through which gas supplied by the commissioners is intended to be or has been registered, he putting up or shall give not less than twenty-four hours notice in writing meters. to the commissioners of his intention to do so, and any person offending against this enactment shall forfeit and pay to the commissioners a sum not exceeding forty shillings. 50. Every consumer of gas supplied by the com- Repair of missioners shall at all times, at his own expense, keep all meters. meters whereby the consumption of such gas is registered in proper order for correctly registering such consumption, m default whereof the commissioners may cease to supply gas through such meters; and the commissioners shall at all reasonable times have access to and be at liberty to take off, remove, test, inspect, and replace any meter at their own expense if the meter be found in proper order, but otherwise at the expense of the consumer. 51. The commissioners may let for hire any meter and any fittings thereto, on such terms with respect to the repair of such meter and fittings, and for securing the safety and return of the same to the commissioners, as may be agreed upon between the hirer and the commissioners, and such hire shall be recoverable in the same manner as moneys due to the commissioners for gas; and such meters and fittings shall not be subject to any diligence at the instance of the landlord for rent of the premises where the same may be used, nor to be taken in execution under any process of a court of law, or any proceedings in bankruptcy against the persons in whose. possession the same may be. 52. The register of the meter shall be primâ facie evidence of the quantity of gas consumed. 53. It shall be lawful for the commissioners, after twenty-four hours notice in writing under the hand of the manager of their works or some other one of their officers U Power to commissioner to let meters. Register of meter to be primâ facie evidence. Power to remove meters and fittings. 39 & 40 Vict., Cap. 49. Fraudulently injuring meters, &c. For preventing wilful waste of gas. to the occupier, or if unoccupied, then to the owner or lessee or the person in charge or reputed to be in charge of any land, house, or building in which any pipes, mains, meters, or fittings belonging to the commissioners are laid or fixed, and through or in which the supply of gas shall, from any cause other than the neglect or default of the commissioners, be discontinued, to enter such land, house, or building between the hours of nine in the morning and six in the afternoon, for the purpose of removing, and to remove, such pipes, meters, or fittings, repairing all damages caused by such entry or removal; and every such notice shall be served by being delivered to the person for whom it is intended, or left at his usual or last known place of abode, or, if such person or his address be not known, then by being affixed on some conspicuous part of such land, house, or building. 54. Every person who shall wilfully, fraudulently, or by culpable negligence injure or suffer to be injured any meter or fittings belonging to the commissioners, or shall fraudulently alter or prevent the index to any meter from duly registering the quantity of gas supplied, shall, without prejudice to any other right or remedy for the protection of the commissioners or the punishment of the offender, for every such offence forfeit and pay to the commissioners a sum not exceeding five pounds, and the commissioners may in addition thereto recover the amount of any damages by them sustained, and the commissioners may, notwithstanding any contract previously existing, discontinue the supply of gas to the person so offending until the injury is remedied and the amount of the damages is paid. 55. If and whenever any person supplied with gas by the commissioners wilfully does or causes or suffers to be done anything in contravention of any of the provisions of this Act, or wilfully fails to do anything which under this Act ought to be done for the prevention of the waste, misuse, or undue consumption of gas supplied by the commissioners, the commissioners may cut off or stop any pipe by or through which gas is supplied to him, and cease to supply him with gas so long as the cause of injury remains or is not remedied, and also may recover, in any court of competent jurisdiction, from every person so offending, the amount of all loss, damage, or injury which the commissioners may sustain by reason of any such thing or failure; and the remedies of the commissioners under this enactment shall be in addition to their other remedies in that behalf. 39 & 40 Vict.. Cap. 49. 56. All the gas supplied by the commissioners to any consumer of gas shall be supplied at such pressure as to balance a column of water from midnight to sunset not less than six tenths of an inch, and from sunset to midnight Pressure of not less than eight tenths of an inch in height at the main, gas. as near as may be to the junction therewith of the service pipe supplying such consumer; and any person appointed for the purpose by the sheriff may, subject to the terms of his appointment, from time to time test the pressure at which the gas is supplied, and may for that purpose open any street, road, passage, or place vested in or under the control of any road authority, and the provisions of this Act with reference to the testing of the illuminating power and purity of gas, and to penalties, shall, mutatis mutandis, apply to such testing of pressure. 57. All the gas supplied by the commissioners shall Quality of be at least of such quality as to produce from a union jet gas. or other burner approved by the Board of Trade, capable of consuming five cubic feet of gas per hour under a pressure equal to a column of water five tenths of an inch in height, a light equal in intensity to the light produced. by fourteen sperm candles of six in the pound burning one hundred and twenty grains per hour. maintain apparatus to nating power 58. The commissioners shall, within six months after Commisthey begin to supply gas, provide in some convenient part sion to of their works an experimental meter furnished with a union jet or other burner approved by the Board of Trade, test illumicapable of consuming five cubic feet of gas per hour, with other necessary apparatus for testing the illuminating of gas. power of the gas, and for testing the presence of sulphuretted hydrogen therein, in accordance with the regulations prescribed in Part I. of the Schedule A. annexed to the Gasworks Clauses Act, 1871, and so situate and arranged as to test all the gas supplied by the cominissioners, and shall at all times thereafter keep and maintain such experimental meter and apparatus in good repair and working order. 59. Any five consumers of gas may, by order in writing, appoint some competent person, not being one of themselves, to proceed to the works of the commissioners; and the person so appointed may, at any reasonable hour in the daytime, on producing the said order, enter on the premises of the commissioners, and in the presence of the superintendent or other officer of the commissioners make experiment of the illuminating power and purity of the gas by means of the experimental meter and other apparatus by this Act directed to be provided in accordance with Provision 39 & 40 Vict., the rules prescribed in Part II. of the Schedule A. annexed Cap. 49. to the Gasworks Clauses Act, 1871; and the commissioners and their officers shall afford all reasonable facilities and assistance for making such experiment; and if it shall be proved to the satisfaction of the sheriff, after hearing the parties, that the illuminating power or purity of the gas supplied by the commissioners did not, when so tested as aforesaid, equal the illuminating power or purity by this and the recited Act prescribed, or that the commissioners or their officers refused to afford such reasonable facilities as aforesaid, or hindered or prevented the making of such experiment, the commissioners shall in any such case be liable in such a penalty, not exceeding twenty pounds, as the sheriff shall determine. Costs of ex periment to be paid according to the event. Recovery of sums owing to commissioners. Contents of summons or warrant. Recovery of penalties. 60. The costs of such experiment, including the remuneration to be paid to the person making the same, and the costs of the proceedings before the sheriff, shall be ascertained by the sheriff, and, in the event of any penalty being imposed on the commissioners, shall be paid, together with such penalty, by the commissioners, but in the event of no penalty being so imposed, such costs shall be paid to the commissioners by the persons complaining. 61. Where any person fails to pay any gas rent or any rate or any sum whatever due under this Act to the commissioners, the commissioners may recover the same, with costs, including the costs of cutting off the gas, if the same shall have been cut off by the commissioners, by proceedings in any court of competent jurisdiction, and their remedies under this enactment shall be in addition to their other remedies for the recovery thereof. 62. Any summons or warrant issued for any of the purposes of this Act may contain, in the body thereof or in a schedule thereto, several names and several sums. 63. All penalties under this Act and under the Acts partially incorporated with this Act may be recovered before the sheriff, under the provisions of the Summary Procedure Act, 1864, at the instance of any person injured by fault of the commissioners when the penalty is exigible from the commissioners, otherwise at the instance of the clerk of the commissioners. 39 & 40 Vict.. Cap. 75 RIVERS POLLUTION POLLUTION PREVEN TION ACT, 1876. 39 & 40 Vict., Cap. 75. An Act for making further Provision for the Prevention of the Pollution of Rivers. [15th August 1876.] [Preamble repealed by Statute Land Revision Act, 1894.] 1. This Act may be cited for all purposes as the Short title Rivers Pollution Prevention Act, 1876. PART I.-LAW AS TO SOLID MATTERS. of Act. solid matters 2. Every person who puts or causes to be put or to Prohibition fall or knowingly permits to be put or to fall or to be as to putting carried into any stream, so as either singly or in combina- into streams, tion with other similar acts of the same or any other person to interfere with its due flow, or to pollute its waters, the solid refuse of any manufactory, manufacturing process or quarry, or any rubbish or cinders, or any other waste or any putrid solid matter, shall be deemed to have committed an offence against this Act. In proving interference with the due flow of any stream, or in proving the pollution of any stream, evidence may be given of repeated acts which together cause such interference or pollution although each act taken by itself may not be sufficient for that purpose. PART II.-LAW AS TO SEWAGE POLLUTIONS. [3. Prohibition as to drainage into streams of sewers.] PART III.-LAW AS TO MANUFACTURING AND from manu 4. Every person who causes to fall or flow or know- Prohibition ingly permits to fall or flow or to be carried into any as to drainage stream any poisonous, noxious, or polluting liquid proceed- into streams ing from any factory or manufacturing process shall (sub- factories. ject as in this Act mentioned) be deemed to have committed an offence against this Act. Where any such poisonous, noxious, or polluting liquid as aforesaid falls or flows or is carried into any stream along a channel used, constructed, or in process of construction at the date of the passing of this Act, or any new |