A.D. 1875. Water for public baths, or trading or manufacturing purposes. P.H., ss. 77, 78. Duty of urban a penalty under the Waterworks Clauses Act, 1847, 10 Vict. c. 17, s. 59, q. v., post, p. 485. Hildreth v. Adamson, 2 L. T. (N. s.) 359; 8 C. B. (N. s.) 587; 30 L. J. M. C. 204. Although a fountain erected on a highway may be a public nuisance, i.e., by obstructing the highway, the water with which it is gratuitously supplied remains the property of the person supplying it, and cannot be taken for any other purpose than that for which it was supplied, and therefore a Local Board may limit the supply of such water. In the particular case in which this was decided, an inhabitant of the town had presented to the town an ornamental fountain, with a trough or basin, which was set upon one of the public streets, and the Local Board supplied it with water on market-days for the use of cattle in the market, and for horses, if yoked, when passing to and fro; and the respondent, who kept horses, with a view to evade payment of the rate for the supply of water to his stable, took his horses to the fountain to drink. Ibid. 65. Any local authority may, if they think fit, supply water from any waterworks purchased or constructed by them to any public baths or wash-houses, or for trading or manufacturing purposes, on such terms and conditions as may be agreed on between the local authority and the persons desirous of being so supplied; moreover, any local authority may, if they think fit, construct any works for the gratuitous supply of any public baths or wash-houses established otherwise than for private profit or supported out of any poor or borough rates. "Domestic use."-By a provision of a local Act a company were empowered to furnish a supply of water "for domestic use' to the owners and occupiers of houses at a certain rent, The appellant occupied a private dwelling-house, together with a coach-house and stable, in which he kept for his own private use a carriage and horse. It was held that water used by him for watering the horse and washing the carriage was for "domestic use," within the meaning of the above-mentioned provision. Busby v. Chesterfield Waterworks and Gaslight Company, 1 E. B. & E. 176; 27 L. J. M. C. 174; 4 Jur. (N. s.) 757. By the Waterworks Clauses Act, 1863, 26 & 27 Vict. c. 93, s. 12, post, p. 491, a supply of water for domestic purposes shall not include a supply of water for cattle, or for horses, or for washing 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." 66. Every urban authority shall cause fire-plugs and all necessary works machinery and assistance for securing an efficient supply of water in case of fire to be provided and maintained, and for this purpose they may enter into any agreement with any water company or person; and they shall paint or mark on the buildings and walls within the streets words or marks near to such fire-plugs to denote the situation thereof, and do such other things for the purposes aforesaid as they may deem expedient. By a Local Act a waterworks company was bound, at the request of the Town Improvement Commissioners, to fix fire-plugs into their mains, and to repair and keep them in proper order at the cost of the commissioners, in whom the property in the plugs was vested by virtue of their Improvement Act. In consequence of the cap of one of the fire-plugs provided under the Act having been broken, a horse placed his foot in the plug-hole and was lamed, and it was held that the waterworks company and not the commissioners were liable for the injury. Bayley v. Wolverhampton Waterworks Company, 30 L. J. Exch. 57; 6 H. & N. 241. In another case a declaration for damages against a waterworks company for not keeping their pipes charged as required by sect. 42 of the Waterworks Clauses Act, 1847, whereby the plaintiff's premises were burnt down, was held to be good. Atkinson v. Newcastle and Gateshead Waterworks Company, L. R. 6 Exch. 404 (following Couch v. Steel, 3 E. & B. 402; 23 L. J. Q. B. 121). And a plea to an action for damage by fire, that the fire-plug to the main was opened for extinguishing another fire, which was the cause of the default in the supply of water, was also held good. Campbell v. East London Waterworks Co., 26 L. T. (N. s.) 475. A.D. 1875. with univer 67. In the Oxford or Cambridge district the local Agreements authority may supply water to any hall college or pre- sities. mises of the university within such district, on such terms P.H., s. 93. with respect to the mode of paying for such supply as may from time to time be agreed on between such university, or any hall or college thereof, and the local authority. Provisions for Protection of Water. 68. Any person engaged in the manufacture of gas Penalty for who causing water to be corrupted (1.) Causes or suffers to be brought or to flow into any by gas washstream reservoir aqueduct pond or place for ings. water, or into any drain or pipe communicating 23, 24, 25. therewith, any washing or other substance pro- P.H., s. 80. duced in making or supplying gas: or, (2.) Wilfully does any act connected with the making or stream reservoir aqueduct pond or place for shall forfeit for every such offence the sum of two hundred Every such penalty may be recovered, with full costs of suit, in any of the superior courts, in the case of water belonging to or under the control of the local authority by the local authority, and in any other case by the person into whose water such washing or other substance is conveyed or flows or whose water is fouled by any such act as aforesaid, or in default of proceedings by such person, after notice to him from the local authority of their intention to proceed for such penalty, by the local authority; but such penalty shall not be recoverable unless it be sued N.R. 1855, ss. A.D. 1875. for during the continuance of the offence, or within six months after it has ceased. See also the provisions of the Waterworks Clauses Act, 1847, post, p. 485, with regard to fouling water. The offence. It would appear from Hipkins v. Birmingham and Staffordshire Gaslight Company, that an involuntary or unknown proceeding would be within the prohibition of the statute. 5 H. & N. 74; 6 Jur. (N. s.) 173. Liability of gas company for consequential damage.-A gas company's Act provided that if the company shall at any time cause or suffer to be conveyed, or to flow into any stream, reservoir, aqueduct, pond, or place for water within the limits of the Act, or into any drain, sewer, or ditch communicating therewith, any washing, substance, or thing which shall be produced in the making or supplying gas, or shall do any act to the water contained in such stream, etc., whereby the water therein shall be fouled or corrupted, then the company shall forfeit for every such offence the sum of £200." This was held to make the company liable for any injury, although not attributable to their negligence, as they were bound to insure the public from any inconvenience, and the decision was confirmed by the Court of Exchequer Chamber, in Error from the Court of Exchequer. It was also held that a well was a place for water within the meaning of the Act. Hipkins v. Birmingham and Staffordshire Gaslight Company, 29 L. J. Exch. 169; 1 L. T. (N. s.) 303; 5 H. & N. 74; 6 Jur. (N. s.) 173. In the Exchequer Chamber, 30 L. J. Exch. 60; 7 Jur. (N. s.) 213. Fouling water by manufacturer.-Where a manufacturer discharged arsenic and other injurious matters from his works into a stream, which he might have avoided doing by certain expedients, it was he'd that he could not defend himself in an action arising therefrom, by showing that his trade was a lawful trade, carried on in a proper manner. Stockport Waterworks Company v. Potter, 7 Jur. (N. s.) 880; 31 L. J. Exch. 9; 7 H. & N. 160. Action for fouling water.—It may be questionable whether if a stranger foul the water of an artificial stream which a third party has been licensed to use, such third party may inaintain an action against the stranger for the damage he may have occasioned. Yet if the third party, by the permission of the owner of the stream, has caused the water from it to flow into his own pipes or cisterns on his own premises, he can then maintain such action, if the stranger had no right to foul the water, and the fouled water has caused damage. It will be no answer to the action in such case that the actual injury to the plaintiff has been caused by his use of the fouled water, for the principle that a party cannot recover for an injury to which he has himself contributed does not apply where the act of the defendant has been wrongful and wilful, and the act of the plaintiff which contributed to the actual damage has been something he was lawfully entitled to do; as, if a person be permitted by the owners of a canal to insert in it a pipe, conveying the water to a cistern on his premises, whence it was drawn into his boilers to work his steam-engines, and the defendant fouled the water in the canal, whereby, the water being still used by the plaintiff, his boilers became injured. In such case the plaintiff was held entitled to maintain his action for injury. Whaley v. Laing, 2 H. & N. 476; 26 L. J. Exch. 327. The foregoing judgment was arrested in the Exchequer Chamber, but the Judges were divided as to the sufficiency of the second plea of the defendant, namely, that the waters of the canal ought not to have run and flowed and been without the disturbance and pollution in the declaration mentioned; Williams, Crowder, and Willes, JJ., holding that the verdict upon the issue joined in that plea ought to be for the plaintiff; and Wightman, Erle, and Crompton, JJ., that the verdict on that issue ought to be for the defendant. The Court ultimately said that they were of opinion that the verdict for the plaintiff upon the issue joined in the second plea ought to stand, and that the judgment ought to be arrested. Laing v. Whaley, 3 H. & N. 675, 901; 27 L. J. Exch. 422. Metropolis water supply.-The water supply in the metropolis is regulated by the 15 & 16 Vict. c. 84, and 34 & 35 Vict. c. 113, and the provisions of these Acts also apply to all such places on the north side of the River Thames as are within the exterior boundaries of and are within the ambit formed by the parishes of Fulham, Hammersmith, Kensington, Paddington, Hampstead, Hornsey, Tottenham, St. Pancras, Islington, Stoke Newington, Hackney, Stratford-le-Bow, Bromley, Poplar and Shadwell; and on the south side to all such places as are within the exterior boundaries of and are within the ambit of Woolwich, Charlton, Greenwich, Deptford, Lee, Lewisham, Camberwell, Lambeth, Streatham, Tooting, Wandsworth and Putney. By the Public Health Act, 1872, s. 35 the powers and duties of the Board of Trade under the Metropolis Water Acts, 1852 and 1871, were transferred to the Local Government Board. It will be seen from Schedule V., Part I., post, that that Act is repealed except only so far as relates to the metropolis. 10. A.D. 1875. 69. Any local authority, with the sanction of the At- Local authotorney-General, may, either in their own name or in the rity may take name of any other person, with the consent of such person, prevent polluproceedings to take such proceedings by indictment bill in Chancery tion of streams. action or otherwise, as they may deem advisable for the S.U. 1865, s. purpose of protecting any watercourse within their jurisdiction from pollutions arising from sewage either within or without their district; and the costs of and incidental to any such proceedings, including any costs that may be awarded to the defendant, shall be deemed to be expenses properly incurred by such authority in the execution of this Act, &c. 70. On the representation of any person to any local Power to close authority that within their district the water in any well polluted wells, tank or cistern, public or private, or supplied from any P.H. 1874, s. public pump, and used or likely to be used by man for 50. drinking or domestic purposes, or for manufacturing drinks for the use of man, is so polluted as to be injurious to health, such authority may apply to a court of summary jurisdiction for an order to remedy the same; and thereupon such court shall summon the owner or occupier of the premises to which the well tank or cistern belongs if it be private, and in the case of a public well tank cistern or pump, any person alleged in the application to be interested in the same, and may either dismiss the application, or may make an order directing the well tank cistern or pump to be permanently or temporarily closed, or the water to be used for certain purposes only, or such other order as may appear to them to be requisite to prevent injury to the health of persons drinking the water. The court may, if they see fit, cause the water complained of to be analysed at the cost of the local authority applying to them under this section. If the person on whom an order under this section is made fails to comply with the same, the court may on the application of the local authority authorise them to do A.D. 1875. Prohibition of Existing cellar to be let or whatever may be necessary in the execution of the order, and any expenses incurred by them may be recovered in a summary manner from the person on whom the order is made. Expenses incurred by any rural authority in the execution of this section, and not recovered by them as aforesaid, shall be special expenses. See ante, pp. lv, lxxvi, as to the amendments introduced by this section : as to special expenses, see sec. 229, post. REGULATION OF CELLAR DWELLINGS AND LODGING HOUSES. Occupation of Cellar Dwellings. 71. It shall not be lawful to let or occupy or suffer to be occupied separately as a dwelling any cellar (including for the purposes of this Act in that expression any vault or underground room) built or rebuilt after the passing of this Act, or which is not lawfully so let or occupied at the time of the passing of this Act. 72. It shall not be lawful to let or occupy or suffer to dwellings only be occupied separately as a dwelling, any cellar whatsoever, unless the following requisitions are complied with; (that occupied on certain condi- is to say,) tions. P.H., s. 67. Unless the cellar is in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, and is at least three feet of its height above the surface of the street or ground adjoining or nearest to the same; and Unless there is outside of and adjoining the cellar and extending along the entire frontage thereof, and upwards from six inches below the level of the floor thereof up to the surface of the said street or ground, an open area of at least two feet and six inches wide in every part; and Unless the cellar is effectually drained by means of a drain, the uppermost part of which is one foot at least below the level of the floor thereof; and Unless there is appurtenant to the cellar the use of a watercloset earthcloset or privy and an ashpit, furnished with proper doors and coverings, according to the provisions of this Act; and Unless the cellar has a fireplace with a proper chimney or flue, and an external window of at least nine superficial feet in area clear of the sash frame, and made to open in a manner approved by the surveyor (except in the case of an inner or back cellar let or |