public cisterns for gratuitous

use.

Penalty for injuring

streams, or

wasting water.

cisterns, pumps, wells, reservoirs, conduits, aqueducts, and works used for the gratuitous supply of water to the inhabitants to be continued, maintained, and plentifully supplied with water, or they may substitute, continue, maintain, and plentifully supply with water other such works equally convenient;

And the said local board may, if they shall think fit, construct any number of new cisterns, pumps, wells, conduits, and works for the gratuitous supply of any public baths or wash-houses established otherwise than for private profit or supported out of any poor (a) or borough rates.

LXXIX. And be it enacted, that whosoever shall waterworks, wilfully or carelessly break, injure, or open any diverting lock, cock, waste pipe, or waterworks belonging to or under the management or control of the local board of health, or constructed, continued, or maintained under this Act (b), in any parish or place in which there shall be no local board of health,

Or shall unlawfully flush, draw off, divert, or take water from any waterworks belonging to or under the management or control of the said local board, or so constructed, continued, or maintained in any such parish or place (b), or from any waters or streams by which such waterworks are supplied,

Or shall wilfully or negligently waste or cause to be wasted any water with which he is supplied by the said local board,

cisterns, and pumps and wells, but they may exercise their own discretion as to constructing such public conveniences in future. In 10 & 11 Vict. c. 34, s. 121, now incorporated herewith, the word used in reference to existing works is shall, not may. (a) See note (o) on sect. 77.

(b) This refers to sect. 50. Reference may be made to 21 & 22 Vict. c. 98, s. 66, in regard to injury to the works of the local board.

Shall for every such offence forfeit a sum not exceeding five pounds, and a further penalty of twenty shillings for each day whilst the offence is continued after written notice (c) in that behalf,

Which penalties (d) shall be paid to the said local board, or, in the case of a parish or place in which there shall be no local board of health, to the churchwardens and overseers of the poor, to be by them applied in aid of the rate for the relief of the poor of such parish or place:

Provided always, that nothing herein contained shall prevent the owner or occupier of any premises through or by which any streams may flow from using the same as they would have been entitled to do if this Act had not been passed.

persons for

water in

be fouled;

LXXX. And be it enacted, that whosoever shall Penalties on bathe in any stream, reservoir, conduit, aqueduct, causing or other waterworks (e) belonging to or under the reservoirs to management or control of the local board of health, or in any reservoir, conduit, aqueduct, or other waterworks constructed, continued, or maintained under this Act (f) in any parish or place in which there shall be no local board of health,

Or shall wash, cleanse, throw, or cause to enter therein any animal, rubbish, filth, stuff, or thing of any kind whatsoever (g),

(e) As to the notice from the local board of health, see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61; but in the case of parishes acting under sect. 50, a notice from the overseers would seem to be sufficient.

(d) As to the recovery of penalties, see sect. 123, post, and 21 & 22 Vict. c. 98, s. 67, post, as to the application of penalties. (e) See the extensive signification of this word in sect. 2,

ante.

(f) According to sect. 50.

(g) Quare-Does this interfere with the prescriptive rights

and on proprietors of gasworks,

kc.

Or shall cause or permit or suffer to run or be brought therein the water of any sink, sewer, drain, engine, or boiler, or other filthy, unwholesome, or improper water,

Or shall do anything whatsoever whereby any water belonging to the said local board or under their management or control, or whereby any water of or contained in any such reservoir, conduit, aqueduct, or other waterworks (g) so constructed, continued, or maintained in any such parish (h) or place as aforesaid shall be fouled,

Shall for every such offence forfeit a sum not exceeding five pounds (i), and a further sum of twenty shillings for each day whilst the offence is continued after written notice (k) in that behalf;

Which penalties shall be paid to the said local board, or, in the case of a parish or place in which there shall be no local board of health, to the churchwardens and overseers of the poor, to be by them applied in aid of the rate for the relief of the poor of such parish or place;

And whosoever, being proprietor of any gasworks, or being engaged or employed in the manufacture or supply of gas, causes or suffers to be brought or to flow into any stream, reservoir, conduit, aqueduct, or waterworks belonging to or under the management or control of the said local board, or into any drain or pipe communicating therewith, which may have been obtained by parties thus to use any stream or aqueduct prior to the acquisition thereof by the local board? It will be seen that the last clause contains an express reservation of the rights of private owners, but the same is not extended to this clause.

(g) See the extensive signification of this word in sect. 2, ante.
(h) According to sect. 50.

() As to the recovery of this penalty see sect. 129, post.
(k) See note (c) on sect. 79, ante, p. 131.

any washing or other substance produced in the manufacture or supply of gas, or shall wilfully do any act connected with the manufacture or supply of gas whereby the water in any such stream, reservoir, aqueduct, or waterworks is fouled, shall forfeit to the said local board for every such offence the sum of two hundred pounds, and, after the expiration of twenty-four hours notice in writing from them in this behalf (k), a further sum of twenty pounds for every day during which the offence is continued, or during the continuance of the act whereby the water is fouled;

And every such penalty shall be recoverable, with full costs of suit, by action of debt (1);

And if any water supplied by, belonging to, or under the management or control of the said local board, be fouled in any manner (m) by the gas of any such proprietor or person as last aforesaid, he shall forfeit to the local board for every such offence a sum not exceeding twenty pounds (n), and a further sum not exceeding ten pounds for every day whilst the offence is continued after the expiration of twentyfour hours notice in writing (k) from the said local board in this behalf;

(k) As to the service and authentication of notice see sect. 150, post, and 21 & 22 Vict. c. 98, s. 61.

(1) See sect. 133, post, and see the provisions in 18 & 19 Vict. c. 121, ss. 23-25, in the Appendix.

(m) Two mischiefs are provided for: one is the wilful causing of washings from the gasworks to flow into the waterworks of the local board of health, for which the heavy penalty of 2007. is imposed; the other is the negligent or careless act on the part of the proprietor of the gasworks which fouls the water of the board, and for this a penalty of 201. is imposed. These provisions relating to gasworks are introduced from 3 & 4 Will. 4, c. 90, and 10 & 11 Vict. c. 15, s. 21.

(n) Quære, whether the smaller penalty is recoverab sum marily, or by action of debt, as the larger one?

And for the purpose of ascertaining whether such water is fouled by the gas of any such proprietor or person the said local board may (a) lay open and examine any pipes, conduits, and works from which the gas is supposed to escape;

Provided that before beginning so to do twentyfour hours notice (b) in writing be given to the person to whom such pipes, conduits, or works belong, or under whose management or control they may be, of the time at which the examination is intended to be made;

And if upon such examination it appear that the water has been fouled by the gas proceeding from or contained in the pipes, conduits, or works examined, the expenses of the examination shall be paid and borne by the person to whom such pipes, conduits, or works belong, or under whose management or control they may be, and be recoverable from him in the summary manner hereinafter provided (c);

But if it appear that the water has not been so fouled, then such expenses, and all damages occasioned by the examination, shall be paid by the said local board out of the general district rates levied under this Act, and be recoverable from them in the summary manner hereinafter provided (d).

(a) See in sect. 143, post, the powers given to enforce the admission of the examiners.

(b) See sect. 143, post, and 21 & 22 Vict. c. 98, s. 61. It will be observed that as in many cases it will be difficult to ascertain to whom these works belong, the notice may be given to the managers of them.

(c) See sect. 129, post, and as to the appeal of the party aggrieved, sect. 120, post.

(d) The only clause which appears to be referred to her