A.D. 1875. Saving for works and rities, and for 327. Nothing in this Act shall be construed to authorize any local authority(1.) To use injure or interfere with any sluices floodgates sewers groynes or sea defences or other property of works, already or hereafter made under the certain authoauthority of any commissioners of sewers ap- navigation and pointed by the Crown, or any sewers or other water rights, works already or hereafter made and used by &c. any body of persons or person for the purpose of draining preserving or improving land under any local or private Act of Parliament, or for the purpose of irrigating land; or (2.) To disturb or interfere with any lands or other (3.) To interfere with any river canal dock harbour (5.) To interfere with any bridges crossing any river (6.) To execute any works in through or under any wharves quays docks harbours or basins, to the exclusive use of which any body of persons or person are or is entitled by virtue of any Act of L.G., s. 68. A.D. 1875. Reference to arbitration in case of works not within pre L.G., s. 69. Parliament, or for the use of which any body of persons or person are or is entitled by virtue of any Act of Parliament to demand any tolls or dues,— Without the consent in every case of such Lord High Admiral or Commissioners for executing the office of Lord High Admiral, Secretary of State, commissioners, body of persons or person as are herein-before in that behalf respectively mentioned, such consent to be expressed in writing in the case of a corporation under their common seal, and in the case of any body of persons not being a corporation under the hand of their clerk or other duly authorized officer or agent. And nothing in this Act shall prejudice or affect the rights privileges powers or authorities given or reserved to any person under such local or private Acts for draining preserving or improving land as are in this section mentioned. Woolwich Dockyard. 15 & 16 Vict. c. 69, s. 2.-Woolwich dockyard is exempted from the Act, and the local authorities of the district, which includes the dockyard, are restrained from entering upon or doing any works upon any lands vested in the Lord High Admiral, or in the MasterGeneral, or other principal officer of the Ordnance. Proceedings against Secretary at War for interfering with drains of Local Board. Where a Local Board of Health filed a bill for an injunction to restrain the Secretary at War from stopping up a drain in the town within their jurisdiction, and thereby interfering with certain sanitary measures which they were carrying out; as there was no injury, or an invasion of the rights of the inhabitants of the town, caused by the proceeding of the Secretary at War, the injunction was refused. Felkin v. Herbert (Lord), 4 L. T. (N.S.) 433. The same Local Board instituted a suit against the Secretary at War, as the owner, for filling up the ditch, thereby obstructing an ancient easement which they possessed in the flow of water through the ditch, and interfering with their right to the free use thereof for sanitary purposes. They claimed the easement with regard to the drainage of the whole district, whereas it appeared from the nature of the locality that the ditch could carry off only the surface water which collected on an undulating space of ground of 114 yards in length. The bill was, however, dismissed with costs, principally on the ground that the proper remedy for a Board of Health to resort to in such a case was under the Public Health Act, 1848. Felkin v. Herbert, 11 L. T. (N.S.) 173. 328. Where any matters or things proposed to be done by any local authority, and not being within the prohibition aforesaid, interfere with the improvement of any river ceding section. canal dock harbour lock reservoir basin or towing-path which any body of persons or person are or is entitled by virtue of any Act of Parliament to navigate on or use, or in respect of the navigation whereon or use whereof to demand any tolls or dues, or interfere with any works belonging to such river canal dock harbour or basin, or with any land necessary for the enjoyment or improve ment thereof, the local authority shall give to such body A.D. 1875. of persons or person a notice specifying the particulars of the matters and things so intended to be done. If the parties on whom such notice is served do not consent to the requisitions thereof, the matter in difference shall be referred to arbitration; and the following questions shall be decided by such arbitration; (that is to say,) (1.) Whether the matters or things proposed to be done by the local authority will cause any injury to such river canal dock harbour basin towing-path works or land, or to the enjoyment or improvement of such river canal dock harbour or basin as aforesaid: (2.) Whether any injury that may be caused by such of a nature to admit of being fully compensated 329. The result of any such arbitration shall be final, Effect of and the local authority shall do as follows; (that is to arbitration. say,) (1.) If the arbitrators are of opinion that no injury will (3.) If the arbitrators are of opinion that injury will be L.G., s. 70. powers, &c. 330. No transfer of powers and privileges under this Provision as to Act shall deprive any body of persons or person autho- transfer of rized by virtue of any Act of Parliament to navigate on L.G., s. 71. any river or canal, or to demand for their or his own benefit in respect of such navigation any tolls or dues, of such powers and privileges as are vested in them by any Act of Parliament in relation to such river or canal. alteration of 331. Any body of persons or person authorized by Provision as to virtue of any Act of Parliament to navigate on or use river canal dock harbour or basin, or to demand any any tolls sewers. L.G., s. 72. A.D. 1875. Saving for generally. L.G., s. 73. N.R. 1855, ss. 44, 45. or dues in respect of the navigation on such river or canal or the use of such dock harbour or basin, may, at their own expense, and on substituting other sewers drains culverts and pipes equally effectual and certified as such by the surveyor to the local authority, take up, divert, or alter the level of any sewers drains culverts or pipes constructed by any local authority, and passing under or interfering with such rivers canals docks harbours or basins, or the towing-paths thereof, and may do all such things as may be necessary for carrying into effect such taking up diversion or alteration. 332. Nothing in this Act shall be construed to auwater rights thorize any local authority to injuriously affect any reservoir canal river or stream or the feeders thereof or the supply quality or fall of water contained in any reservoir canal river stream or in the feeders thereof, in cases where any body of persons or person would, if this Act had not passed, have been entitled by law to prevent or be relieved against the injuriously affecting such reservoir canal river stream feeders or such supply quality or fall of water, unless the local authority first obtain the consent in writing of the body of persons or person so entitled as aforesaid. Arbitration as iously affecting supply of water, &c. L.G., s. 74. 333. Any difference of opinion that may arise between to alteration of a local authority and any such body of persons or person sewers injuras aforesaid, whether any sewers, drains, culverts, or pipes. substituted under the powers of this Act for sewers, drains, culverts, or pipes constructed or laid down by any local authority are equally effectual with those for which they are substituted, or whether the supply quality or fall of water in any such reservoir canal river or stream as last aforesaid is injuriously affected by the exercise of powers under this Act, may at the option of the party complaining, be determined by arbitration in manner by this part of this Act provided. The arbitrators shall decide the same questions as to the alleged injury, and the local authority shall proceed in the same way as is by this Act provided with regard to arbitrations in cases of alleged injury to rivers canals docks harbours and basins. Saving for mines, &c. N.R. 1855, s. 44. 334. Nothing in this Act shall be construed to extend to mines of different descriptions so as to interfere with or to obstruct the efficient working of the same; nor to the smelting of ores and minerals, nor to the calcining puddling and rolling of iron and other metals, nor to the conversion of pig iron into wrought iron, so as to obstruct or interfere with any of such processes respectively. This section is less extensive than 18 & 19 Vict. c. 121, s. 44. See the Introduction, ante, pp. lxvii, lxxxvi. 335. Any collegiate or other corporate body required A.D. 1875. or authorized by or in pursuance of any Act of Parliament to divert its sewers or drains from any river, or to construct Saving for collegiate new sewers, and any public department of the Government, bodies and shall have the like powers and be subject to the like Government obligations under this Act as they had or were subject to P.H. 1872, s. departments. under the Sewage Utilization Act, 1867; and for that 56. purpose the provisions of this Act applicable to purposes the same as or similar to those of the Sewage Utilization Act 1865 and the Sewage Utilization Act 1867-shall apply in substitution for the last-mentioned provisions. Board of 336. Nothing in or done under this Act shall affect any Saving for outfall or other works of the Metropolitan Board of Metropolitan Works (although beyond the metropolis) executed under Works. the Metropolis Management Act, 1855, and the Acts P.H. 1872, s. amending the same, or take away, abridge, or prejudicially affect any right power authority jurisdiction or privilege of the Metropolitan Board of Works. 57. cases to local 337. Nothing in this Act shall affect the payment or Saving for payrecovery of any yearly sum payable at the time of the ment in certain passing of this Act in pursuance of the Local Government authority. Act 1858 Amendment Act 1861, to any local authority in See L.G. Am. respect of any premises without their district which have s. 8. a drain communicating with a sewer within their district: Provided that any such sum shall cease to be payable, if and when the connection between the drain and the sewer is discontinued, from the time of such discontinuance; but if after the discontinuance the connection is reestablished, the yearly sum shall again become payable, and so from time to time. of authorities 338. All rates orders acts or things made assessed Saving for acts performed or done, before the passing of this Act, by any under certain authority purporting to act under the powers conferred on local Acts. them by a Local Act with respect to any sanitary purposes P.H. 1874, ss. shall be valid, notwithstanding the passing of the Public 3, 4. Health Act, 1872, or of this Act. boards. 339. Nothing in this Act shall affect the composition of Saving for any local board constituted by any Order in Council or certain local any provisional order made under the Public Health Act, L.G., s. 5. 1848, and confirmed by Parliament, or the qualification or number of members of any such board; but any such Order in Council, or order so confirmed, or the Act confirming any such last-mentioned order, may be repealed altered or amended in manner provided by this Act. 340. Where within the district of a local authority any Saving for Local Act is in force, providing for purposes the same as proceedings or similar to the purposes of this Act, proceedings may be Acts. under Local |