The Public Health Act, 1875

be answerable or accountable for, any diminution or cessation of the supply of water, or any other breach or non-performance of their or any of their duties, liabilities, or obligations under the special Act, that may be occasioned by or result from the execution of any such order.

XI. The present provisions with respect to the security of Provisions as reservoirs shall apply to England and Ireland; and they shall to Scotland. also apply to Scotland, subject to the following variations, namely, the sheriff shall be deemed to be empowered thereby, as well as two justices; and the appeal given shall lie from two justices in manner provided by sections one hundred and fifty-one and one hundred and fifty-two of The Railways Clauses Consolidation (Scotland) Act, 1845, and shall lie from a sheriff substitute to the sheriff depute, where the matter comes in the first instance before a sheriff substitute; and in that case the sheriff depute shall hear and determine the appeal, and may either confirm, recall, vary, or supersede the order of the sheriff substitute as he thinks proper; and the costs of the appeal shall be in the discretion of the sheriff; and the order or judgment of the sheriff in the appeal shall be final.

And with respect to the supply of water to be furnished by supply of water. the undertakers, be it enacted as follows:

purposes.

XII. A supply of water for domestic purposes shall not Supply for other include a supply of water for cattle, or for horses, or for wash- than domestic ing carriages where such horses or carriages are kept for sale or hire or by a common carrier, or a supply for any trade, manufacture, or business, or for watering gardens, or for fountains, or for any ornamental purpose.

for other than

excused.

meters for hire.

XIII. Where the undertakers are authorized by the Want of supply Special Act to supply water for other than domestic purposes, domestic purthey shall not be liable, in the absence of express stipulation, poses, when under any agreement for the supply of water for other than domestic purposes, to any penalty or damages for not supplying such water, if the want of such supply arises from frost, unusual drought, or other unavoidable cause or accident. XIV. Where the undertakers are authorized by the special Power to let Act to supply water by measure, they may let for hire to any consumer of water so supplied any meter or instrument for measuring the quantity of water supplied and consumed, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remuneration in money as may be agreed upon between them and the consumer, which shall be recoverable in the same manner as rates due to the undertakers for water; and the meters, instruments, pipes, and apparatus shall not be subject to distress or to the landlord's hypothec for rent of the premises where the same are used, or be attached or taken in execution under any process of any court of law or equity, or under or in pursuance of any adjudication or order in bankruptcy, or other legal proceeding, against or affecting the consumer of the water or the

Power for ascertaining quantity con

meters, &c.

occupier of the premises, or other the person in whose possession the meters, instruments, pipes, and apparatus may be. XV. The officers of the undertakers may enter any house, building, or lands to, through, or into which water is supsumed by meter, plied by them by measure, in order to inspect the meters, and for removing instruments, pipes, and apparatus for the measuring, conveyance, reception, or storage of water, or for the purpose of ascertaining the quantity of water supplied or consumed, and may from time to time enter any house, building, or lands, for the purpose of removing any meter, instrument, pipe, or apparatus the property of the undertakers; and if any person hinders any such officer from entering or making such inspection, or effecting such removal, he shall for every such offence be liable to a penalty not exceeding five pounds; but, except with the consent of a justice or the sheriff, this power of entry shall be exercised only between the hours of ten in the forenoon and four in the afternoon.

Protection of water.

Power to cut. off water in certain cases,

Penalty for

waste, &c, of water by non

&c.

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

XVI. If any person supplied with water by the undertakers wrongfully does or causes or permits to be done anything in contravention of any of the provisions of the special Act, or wrongfully fails to do anything which, under any of those provisions, ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the undertakers, they may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supplied by them to him, or for his use, and may cease to supply him with water, so long as the cause of injury remains or is not remedied.

XVII. If any person supplied with water by the undertakers wilfully or negligently causes or suffers any pipe, repair of pipes, valve, cock, cistern, bath, soil-pan, watercloset, or other apparatus or receptacle to be out of repair, or to be so used or contrived as that the water supplied to him by the undertakers is or is likely to be wasted, misused, unduly consumed, or contaminated, or so as to occasion or allow the return of foul air, or other noisome or impure matter, into any pipe belonging to or connected with the pipes of the undertakers, he shall for every such offence be liable to a penalty not exceeding five pounds.

Penalty for

application of water contrary to agreement.

XVIII. If any person

First, not having from the undertakers a supply of water for other than domestic purposes, uses, for other than domestic purposes, any water supplied to him by the undertakers; or

Secondly, having from the undertakers a supply of water for any other than domestic purposes, uses, for any purposes other than those for which he is entitled to use the same, any water supplied to him by the undertakers,

he shall for every such offence be liable to a penalty not exceeding forty shillings, without prejudice to the right of the undertakers to recover from him the value of the water misused.

extension or

XIX. It shall not be lawful for the owner or occupier of Penalty for any premises supplied with water by the undertakers, or any alteration of consumer of the water of the undertakers, or any other per- pipes. son, to affix or cause or permit to be affixed any pipe or apparatus to a pipe belonging to the undertakers, or to a communication or service pipe belonging to or used by such owner, occupier, consuiner, or other person, or to make any alteration in any such communication or service pipe, or in any apparatus connected therewith, without the consent in every such case of the undertakers; and if any person acts in any respect in contravention of the provisions of the present section, he shall for every such offence be liable to a penalty not exceeding five pounds, without prejudice to the right of the undertakers to recover damages from him in respect of any injury done to their property, and without prejudice to their right to recover from him the value of any water wasted, misused, or unduly consumed.

of water without agreement.

XX. If any person, not being supplied with water by the Penalty for use undertakers, wrongfully takes or uses any water from any reservoir, watercourse, conduit, or pipe belonging to the undertakers, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the undertakers, or supplied by them for the use of any consumer of the water of the undertakers, he shall for every such offence be liable to a penalty not exceeding five pounds.

And with respect to the recovery of water rates and other Recovery of money, be it enacted as follows:

rates.

rates by action.

XXI. If any person refuses or neglects to pay to the under- Recovery of takers any rate or sum due to them under the special Act, they may recover the same with costs, in any court of competent jurisdiction; and their remedy under the present section shall be in addition to their other remedies for the recovery thereof.

We the undersigned, two of Her Majesty's Justices of the Peace acting for the [County] of do hereby order and direct you [and such person and persons as you may require to aid and assist you herein,] forthwith to lower the water in the [here describe the reservoir and the extent to which the water is to be lowered], and to do all such works and things as are requisite to repair and make secure the said reservoir [and you shall do as little injury as possible to the property of the and for acting as you are hereby directed, this shall be your sufficient Given under our hands this day of hundred and

warrant].

One thousand eight

A.B.

C.D.

495

APPENDIX B.

THE LOCAL LOANS ACT, 1875.

CONTENTS.

CLAUS S

1. Short title

2. Limits of Act

3. Commencement of Act

4. Definition of borrowing under Act

5. Regulations as to debentures .

6. Regulations as to debenture stock

7. Regulations as to annuity certificates

8. Priority of loans

9. Notice of trust not receivable.

10. Owners of securities not responsible for acts of local authority

PAGE

496

497

498

499

11. Remedy by mandamus for non-payment of money

499

12. Remedy by appointment of receiver for non-payment of money
13. Loan borrowed to be discharged within prescribed period.
14. Discharge of loan by appropriation of annual sum