having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made a sum not exceeding five pounds for every such offence, and an additional sum of five pounds for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof.

other parties

expenses.

laid by the undertakers.

Undertakers

pipes, on request

owners in houses

XXXIV. If any such delay or omission as aforesaid shall In case of delay, take place, the persons having the control or management of may reinstate, the street, bridge, sewer, drain, or tunnel in respect of which and recover the such delay or omission shall take place may cause the work so delayed or omitted to be executed, and the expense of executing the same shall be repaid to such persons by the undertakers, and such expenses may be recovered in the same way as damages are recoverable under this and the special Act. And with respect to the communication pipes to be laid by Pipes to be the undertakers, be it enacted as follows:XLIV. The undertakers shall, upon the request of the owner of any dwelling house in any street in which pipes to lay down shall have been laid down by them, the annual value of which communication house shall not exceed ten pounds, or upon request of the of occupier, and occupier, with the consent in writing of the owner or reputed with consent of owner of any such house, or of the agent of such owner (1), of limited value. and upon payment or tender of the proportion of water rafe in respect of such house by this or the special Act made payable in advance, lay down communication pipes and other necessary works for the supply of such house with water for domestic or other purposes, and shall keep the same in repair, and thereupon the occupier of such house shall be entitled to have a sufficient supply of water for his domestic purposes from the undertakers; and the undertakers may charge for such pipes and works, in addition to the water rate, such reasonable annual rent as shall be agreed upon, or, in case of dispute, as shall be settled by such inspector as aforesaid, when appointed, and in the meantime as shall in England or Ireland be settled by two justices, and in Scotland by the sheriff; and such rent shall be chargeable on and recoverable from the occupier, or, in his default, from the owner of such house, at the same times and in the same manner as water rates; and such pipes and other works shall not be subject to distress or to the landlord's hypothec for rent, nor to be taken in execution under any process of a Court of law or equity, or under any fiat or sequestration in bankruptcy, against such occupier or against such owner, unless he shall have become the proprietor of the said pipes and works under the provisions hereinafter contained.

Penalty on

undertakers for

communication

XLV. If upon such request and consent, and upon tender or payment of such proportion of rate as aforesaid, the under- refusal to lay takers for seven days neglect or refuse to lay down such communication pipes or other works, they shall be liable to forfeit to the person so making such request the sum of five pounds,

(1) See s. 57, third proviso, ante, p. 55.

pipes.

Undertakers

to be at liberty

and recover

expenses of

owners or

occupiers.

and a further sum of forty shillings for every day during which such refusal or neglect shall continue after seven days from the making of such request and tender as aforesaid.

XLVI. If the occupier for the time being of the house in to remove pipes, which any such communication pipes or other works and engines shall have been laid down by the undertakers refuse to pay for a supply of water, or if such house be unoccupied for twelve months, the undertakers may demand from the owner thereof payment of the amount of the principal money invested by them in providing and laying down such communication pipes and other works and engines; and if such owner, after ten days' notice given to him by the undertakers, neglect or refuse to pay such principal money, the undertakers may enter the house and remove such pipes and other works; and the balance of such principal money, after deducting the value of such pipes and other works, with all arrear of rent for such pipes and works, shall, in default of payment, be recovered, with the costs incurred, from the owner or from the occupier for the time being in the same manner as water rates are directed by this or the special Act to be recovered: Provided always, that no greater sum shall be recovered from any such occupier than the amount of rent than amount of for the time being owing by him, unless he refuse to discover the amount of rent owing by him; and that every such occupier shall be entitled to deduct from the amount of rent payable by him the sum so recovered from him, or which he shall have paid on demand.

No greater sum to be recovered

from occupiers

rent due.

Owner to be at liberty to

purchase the pipes.

XLVII. The owner or reputed owner of any house where any such communication pipes or other works shall have been laid down by the undertakers may at any time pay off the amount then due to the undertakers in respect of the cost of providing and laying down such pipes and works, and all rent to that time due in respect thereof, and thereupon such pipes and works shall become the property of such owner, and all further rent in respect thereof shall cease to accrue to the undertakers.

And with respect to the communication pipes to be laid by the inhabitants, be it enacted as follows:

XLVIII. Any owner or occupier of any dwelling house or part of a dwelling house within the limits of the special Act who shall wish to have water from the waterworks of the undertakers brought into his premises, and who shall have paid or tendered to the undertakers the portion of water rate in respect of such premises, by this or the special Act directed to be paid in advance, may open the ground between the pipes of the undertakers and his premises, having first obtained the consent of the owners and occupiers of such ground, and lay any leaden or other pipes from such premises, to communicate with the pipes of the undertakers, such pipes to be of a strength and material to be approved of by the undertakers, or, in case of dispute, to be settled in England or Ireland by

two justices, and in Sco'land by the sheriff, or in either case by the inspector to be appointed as aforesaid: Provided always, that every such owner or occupier shall, before he begins to lay any such pipe, give to the undertakers fourteen days' notice of his intention to do so.

every

with the pipes

under the super

their surveyor.

XLIX. Before any pipe is made to communicate with the Communication pipes of the undertakers, the person intending to lay such of the und r pipe shall give two days' notice to the undertakers of the day takers to be made and hour when such pipe is intended to be made to communi- intendence of cate with the pipes of the undertakers; and such pipe shall be so made to communicate under the superintendence and according to the directions of the surveyor or other officer appointed for that purpose by the undertakers, unless such surveyor or officer fail to attend at the time mentioned in the said notice; and in case of any dispute as to the manner in As to the settling which such pipe shall be so made to communicate, it shall in of disputes. England or Ireland be settled by two justices, and in Scotland

by the sheriff, or in either case by the inspector to be appointed as aforesaid.

L. The bore of any such pipe as last aforesaid shall not Bore of service exceed the prescribed limits, and where no limit shall be pre- pipes. scribed it shall not exceed half an inch, except with the consent of the undertakers.

may be removed,

same.

LI. Any person who shall have laid down any pipe or other Service pipes works, or who shall have become the proprietor thereof, may after giving remove the same, after having first given six days' notice in notice of the writing to the undertakers of his intention so to do, and of the time of such proposed removal; and every such person shall make compensation to the undertakers for any injury or damage to their pipes or works which may be caused by such removal; and every person who shall remove any such pipe Penalty on or other works without giving such notice as aforesaid shall removing forfeit to the undertakers a sum not exceeding five pounds, out notice. over and above the damage which he may be found liable to pay in any action at law, at the suit of the undertakers, for the damage done to their pipes or works.

pipes with

habitants to

notice of the

same.

LII. Any such owner or occupier may open or break up so Power to inmuch of the pavement of any street as shall be between the break up pavepipe of the undertakers and his house, building, or premises, ments, giving and any sewer or drain therein, for any such purpose as aforesaid, doing as little damage as may be, and making compensation for any damage done in the execution of any such work: Provided always, that every such owner or occupier desining to break up the pavement of any street, or any sewer or drain therein, shall be subject to the same necessity of giving previous notice, and shall be subject to the same control, restriction, and obligations in and during the time of breaking up the same, and also reinstating the same, and to the same penalties for any delay in regard thereto, as the undertakers are subject to by virtue of this or the special Act.

LIII. Every owner and occupier of any dwelling house or

Owners or occu

piers entled to

part of a dwelling house within the limits of the special Act demand a supply shall, when he has laid such communication pipes as aforesaid, and paid or tendered the water rate payable in respect thereof, according to the provisions of this and the special Act, be entitled to demand and receive from the undertakers a sufficient supply of water for his domestic purposes.

of water for

domestic purposes.

Protection of
Water.

Persons using

the water to

and cocks.

And with respect to waste or misuse of the water supplied by the undertakers, be it enacted as follows:

LIV. If by the special Act it be provided that the water to be supplied by the undertakers need not be constantly laid on under pressure, every person supplied with water shall, when provide cisterns required by the undertakers, provide a proper cistern to hold the water with which he shall be so supplied, with a ball and stop cock in the pipe bringing the water from the works of the undertakers to such cistern, and shall keep such cistern, ball, and stop cock, in good repair, so as effectually to prevent the water from running to waste; and in case any such person shall, when required by the undertakers, neglect to provide such cistern, ball, or stop cock, or to keep the same in good repair, the undertakers may cut off the pipe or turn off the water from the premises of such person until such cistern and ball and stop cock shall be provided or repaired, as the case may require.

Penalty for neglect.

Penalty for

suffering cistern,
&c., to be out
of repair.

Undertakers may repair cisterns, &c., and recover the expenses.

Power to sur

veyor employed

to enter houses

to inspect, &c.

LV. Every person supplied with water by the undertakers who shall suffer any such cistern, pipe, ball or stop cock, to be out of repair, so that the water supplied to him by the undertakers shall be wasted, shall forfeit to the undertakers for every such offence a sum not exceeding five pounds.

LVI. The undertakers may repair any such cistern, pipe, ball or stop cock, so as to prevent any such waste of water, and the expenses of such repair shall be repaid to them by the person so allowing the same to be out of repair, and may be received as damages.

LVII. The surveyor, or any other person acting under the by undertakers authority of the undertakers, may, between the hours of nine of the clock in the forenoon and four of the clock in the afternoon, enter into any house or premises supplied with water by virtue of this or the special Act, in order to examine if there be any waste or misuse of such water; and if such surveyor or other person at any such time be refused admittance into such dwelling house or premises for the purpose aforesaid, or be prevented from making such examination as aforesaid, the undertakers may turn off the water supplied by them from such house or other premises.

Penalty for

allowing persons

takers' water.

LVIII. Every owner or occupier of any tenement supplied to use the under- with water under this or the special Act who shall supply to any other person or wilfully permit him to take any such water from any cistern or pipe in such tenement, unless for the purpose of extinguishing any fire, or unless he be a person supplied with water by the undertakers, and the pipes belonging to him be, without his default, out of repair, shall forfeit

to the undertakers for every such offence a sum not exceeding five pounds.

taking the under

ment.

LIX. Every person who, not having agreed to be supplied Penalty for with water by the undertakers, shall take any water from any takers' water reservoir, watercourse, or conduit belonging to the under- without agreetakers, or any pipe leading to any such reservoir, watercourse, or conduit, or from any cistern or other like place containing water belonging to the undertakers, other than such as may have been provided for the gratuitous use of the public, shall forfeit to the undertakers for every such offence a sum not exceeding ten pounds.

destroying

LX. Every person who shall wilfully or carelessly break, Penalty for injure, or open any lock, cock, valve, pipe, work, or engine valves, dec. belonging to the undertakers, or shall flush or draw off the water from the reservoirs or other works of the undertakers, or shall do any other wilful act whereby such water shall be wasted, shall forfeit to the undertakers for every such offence a sum not exceeding five pounds.

And with respect to the provision for guarding against foul- Fouling the ing the water of the undertakers, be it enacted as follows:- Water. LXI. Every person who shall commit any of the offences Penalties for next hereinafter enumerated shall for every such offence using the forfeit to the undertakers a sum not exceeding five pounds; (that is to say,)

Every person who shall bathe in any stream, reservoir,
aqueduct, or other waterworks belonging to the under-
takers, or wash, throw, or cause to enter therein any dog
or other animal:
Every person who shall throw any rubbish, dirt, filth, or
other noisome thing into any such stream, reservoir,
aqueduct, or other waterworks as aforesaid, or wash or
cleanse therein any cloth, wool, leather, or skin of any
animal, or any clothes or other thing:

Every person who shall cause the water of any sink, sewer,
or drain, steam engine, boiler, or other filthy water be-
longing to him or under his control, to run or be brought
into any stream, reservoir, aqueduct, or other water-
works belonging to the undertakers, or shall do any other
act whereby the water of the undertakers shall be
fouled:

And every such person shall forfeit a further sum of twenty shillings for each day (if more than one) that such last-mentioned offence shall be continued.

water of the

undertakers to

be fouled, &c.

gas to flow into

LXII. Every person making or supplying gas within the Penalty for limits of the special Act who shall at any time cause or suffer permitting substances proto be brought or to flow into any stream, reservoir, aqueduct, duced in making or waterworks belonging to the undertakers, or into any the undertakers' drain communicating therewith, any washing or other sub- works. stance which shall be produced in making or supplying gas, or who shall wilfully do any act connected with the making or supplying of gas whereby the water in any such stream,