Miscellaneous.

arrears.

40. In case any consumer of water supplied by the undertakers leave Incoming the premises where such water has been supplied to him without paying tenant not liable to pay to them the water rate or meter rent due from him, the undertakers shall not be entitled to require from the next tenant of such premises the payment of the arrears left unpaid by the former tenant, unless such incoming tenant has undertaken with the former tenant to pay or exonerate him from the payment of such arrears.

accounts to be kept in respect of water undertaking. Several names

in one sum

mons.

41. The undertakers shall keep separate annual accounts with respect Separate to their water undertaking, showing the amount of their paid-up capital in such undertaking, and such accounts shall in all respects be in accordance with the provisions of the Waterworks Clauses Act, 1847. 42. Any summons or warrant issued for any of the purposes of this order may contain, in the body thereof or in the schedule thereto, several names and several sums. 43. Any justice who issues a warrant of distress in pursuance of the Warrant of provisions of this order may order that the costs of the proceedings for the recovery of the money to be levied shall be paid by the person liable to pay such money, and such costs shall be ascertained by the justice, and shall be included in the warrant of distress for the recovery of such money.

44. No justice or judge of any county court or quarter session shall be disqualified from acting in the execution of this order by reason of his being liable to the payment of any water rate or other charge under this order.

PART III.

GENERAL PROVISIONS APPLYING TO GAS AND WATER UNDERTAKINGS. 45. If any difference arises between the undertakers and any railway, canal, or other company whose land or works it may be necessary or convenient to cross for the purposes of meeting the demands for gas or water within the limits of supply, as to the mode of laying down, repairing, altering, or enlarging their pipes or conduits, or the facilities to be afforded for the same, the same shall be settled by an engineer to be appointed by the Board of Trade at the request of either party.

railway

46. The undertakers shall lay down and subsequently maintain and repair any pipes, culverts, or other works which under the authority of this order they may lay down under or over any railway of the company, and make and execute all excavations and works necessary for that purpose, under the direction and superintendence and to the reasonable satisfaction of the engineer for the time being of that company, and in accordance with plans and sections previously submitted to and approved of by him.

47. Section one hundred and forty of "The Companies Clauses Consolidation Act, 1845," shall be and is hereby incorporated with this order: Provided that, for the purposes of such incorporation, the expression "the company" in the said section shall mean the undertakers.

W.

D D

distress to include costs.

Liability to water rate not to disqualify justices from acting.

Costs of order.

48. All the costs, charges, and expenses of and incidental to the applying for, preparing, obtaining, and confirming this order, and otherwise in relation thereto, shall be paid by the undertakers.

SCHEDULE A.

GAS LANDS.

SCHEDULE B.

SITES FOR THE WATERWORKS.

Pumping Station.

Service Reservoir.

POWERS OF LOCAL AUTHORITIES IN ENGLAND & WALES
WITH REFERENCE TO GAS AND WATER SUPPLY,

I.-Gas Supply.

THESE powers are now derived from "The Public Health Act, 1875." In the first place, the act gives to local authorities the power of compelling private streets to be lighted, and provides as follows:

streets.

150. Where any street within any urban district (not being Power to a highway repairable by the inhabitants at large) or the compel paving, &c. carriageway footway or any other part of such street is not of private sewered levelled paved metalled flagged channelled and made good or is not lighted to the satisfaction of the urban authority, such authority may, by notice addressed to the respective owners or occupiers of the premises fronting adjoining or abutting on such parts thereof as may require to be sewered levelled paved metalled flagged or channelled, or to be lighted, require them to sewer level pave metal flag channel or make good or to provide proper means for lighting the same within a time to be specified in such notice.

Before giving such notice the urban authority shall cause plans and sections of any structural works intended to be executed under this section, and an estimate of the probable cost thereof, to be made under the direction of their surveyor, such plans and sections to be on a scale of not less than one inch for eighty-eight feet for a horizontal plan, and on a scale of not less than one inch for ten feet for a vertical section, and, in the case of a sewer, showing the depth of such sewer below the surface of the ground: such plans sections and estimate shall be deposited in the office of the urban authority, and shall be open at all reasonable hours for the inspection of all persons interested therein during the time specified in such notice; and a reference to such plans and sections in such notice shall be sufficient without requiring any copy of such plans and sections to be annexed to such notice.

If such notice is not complied with, the urban authority may, if they think fit, execute the works mentioned or referred

Power to

declare private
streets when
sewered, &c.
to be high-

ways.

Arbitration.

Mode of reference to arbitration.

Regulations as to arbitration.

:

to therein and may recover in a summary manner the expenses incurred by them in so doing from the owners in default, according to the frontage of their respective premises, and in such proportion as is settled by the surveyor of the urban authority, or (in case of dispute) by arbitration in manner provided by this act; or the urban authority may by order declare the expenses so incurred to be private improvement expenses.

The same proceedings may be taken, and the same powers may be exercised, in respect of any street or road of which a part is or may be a public footpath or repairable by the inhabitants at large as fully as if the whole of such street or road was a highway not repairable by the inhabitants at large.

By sect. 4 the word "street" is defined to include " 'any highway (not being a turnpike road) and any public bridge (not being a county bridge), and any road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not."

For definition of "highway," see Hirst v. Local Board of Halifax, 40 L. J., M. C. 43; L. R., 6 Q. B. 181; 19 W. R. 279; 25 L. T., N. S. 28; and Healy v. Corporation of Batley, 44 L. J., Ch. 642; L. R., 19 Eq. 375.

In Schedule IV., Form G., a form of notice is given to be served on owners requiring them to sewer, &c. private streets; but in this notice no mention is made as to providing means of lighting.

152. When any street within any urban district not being a highway repairable by the inhabitants at large has been sewered levelled paved flagged metalled channelled and made good and provided with proper means of lighting to the satisfaction of the urban authority, such authority may, if they think fit, by notice in writing put up in any part of the street, declare the same to be a highway, and thereupon the same shall become a highway repairable by the inhabitants at large; and every such notice shall be entered among the proceedings of the urban authority.

Provided that no such street shall become a highway so repairable, if within one month after such notice has been put up the proprietor or the majority in number of proprietors of such street, by notice in writing to the urban authority, object thereto, and in ascertaining such majority joint proprietors shall be reckoned as one proprietor.

The following provisions of the Public Health Act, 1875, with reference to Arbitration, Private Improvement Rate, Legal Proceedings, Notices, and Appeals are here inserted, as they may have to be referred to in elucidation, not only of the section in the text, but also of other sections which will be hereafter noticed:

179. In case of dispute as to the amount of any compensation to be made under the provisions of this act (except where the mode of determining the same is specially provided for), and in case of any matter which by this act is authorized or directed to be settled by arbitration, then, unless both parties concur in the appointment of a single arbitrator, each party shall appoint an arbitrator to whom the matter shall be referred.

180. With respect to arbitrations under this act, the following regulations shall be observed; (that is to say,)

(1.) Every appointment of an arbitrator under this act when made on behalf of the local authority shall be under their common seal, and on behalf of any other party under his hand, or if such party be a corporation aggregate under their common seal :

(2.) Every such appointment shall be delivered to the arbitrators, and

shall be deemed a submission to arbitration by the parties making the same:

(3.) After the making of any such appointment the same shall not be revoked without the consent of both parties, nor shall the death of either party operate as a revocation :

(4.) If for the space of fourteen days after any matter by this act authorized or directed to be settled by arbitration has arisen, and notice in writing by one party who has duly appointed an arbitrator has been given to the other party, stating the matter to be referred, and accompanied by a copy of such appointment, the party to whom notice is given fails to appoint an arbitrator, the arbitrator appointed by the party giving the notice shall be deemed to be appointed by and shall act on behalf of both parties:

(5.) If before the determination of any matter so referred any arbitrator dies or refuses or becomes incapable to act, the party by whom such arbitrator was appointed may appoint in writing another person in his stead; and if such party fails so to do for the space of seven days after notice in writing from the other party in that behalf, the remaining arbitrator may proceed ex parte; and every arbitrator so appointed shall have the same, powers and authorities as were vested in the arbitrator in whose stead the appointment is made:

(6.) If a single arbitrator dies or becomes incapable to act before the making of his award, or fails to make his award within twentyone days after his appointment, or within such extended time, if any, as may have been duly appointed by him for that purpose, the matters referred to him shall be again referred to arbitration under the provisions of this act, as if no former reference had been made:*

(7.) Where there is more than one arbitrator, the arbitrators shall, before they enter on the reference, appoint by writing under their hands an umpire, and if the person appointed to be umpire dies or becomes incapable to act, the arbitrators shall forthwith appoint another person in his stead; and if the arbitrators neglect or refuse to appoint an umpire for seven days after being requested so to do by any party to the arbitration, the local government board shall, on the application of any such party, appoint an umpire:†

(8.) If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been duly appointed by them for that purpose, the matters referred shall be determined by the umpire:

(9.) The time for making an award by arbitrators under this act shall not in any case be extended beyond the period of two months from the date of the submission, and the time for making an award by an umpire under this act shall not in any case be extended beyond the period of two months from the date of the reference of the matters to him:‡

(10.) Before any arbitrator or umpire enters on a reference under this act he shall make and subscribe the following declaration before a justice of the peace; (that is to say,)

"I A. B. do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear

See Ringland v. Lowndes, 33 L. J., C. P. 337; 17 C. B., N. S. 514; 10 Jur., N. S. 850.

+ See Holdsworth v. Wilson, 32 L. J., Q. B. 289; 4 B. & S. 1. The power of appointing an umpire was with the court of quarter sessions under the Public Health Act, 1848; but this gave rise to delay in many cases. See Tranmere v. Kellett, 11 L. T., N. S. 457; 34 L. J., Q. B. 87.