25 & 26 Vict., Cap. 102. Act as to paving and improving Parts of Metropolis (b) to extend to Metropolis as defined by this Act. Reinstatement METROPOLIS MANAGEMENT 25 & 26 Vict., Cap 102. An Act to amend the Metropolis Local Management Acts. (a) *** [7th August 1862.] [s. 67 (Vestries, &c. may compel Supply of Water for Houses), and s. 70 (Vestries in Schedule A and District Boards empowered to provide and maintain Drinking Fountains) repealed by Public Health (London) Act, 1891, s. 142, p. 392.] *** 73. The Powers of improving and regulating Streets and for the Suppression of Nuisances contained in the Act of the Fifty-seventh Year of the Reign of His Majesty King George the Third, Chapter Twenty-nine, Local and Personal, intituled "An Act for better paving, improving, and regulating the Streets of the Metropolis, and removing and preventing Nuisances and Obstructions therein (b)," shall, so far as the same is in force, and is not inconsistent with the Provisions of the recited Acts (c) and this Act, extend and apply to the Metropolis as defined in the firstly-recited Act (d) and in this Act, including any unpaved Streets, and notwithstanding any Exceptions. therein contained. *** 82. In every Case in which any Company or Person shall be liable under the firstly-recited Act to reinstate the Pavement, Surface, or Soil of any Street under the Control of any Vestry or District Board which may have been broken up or opened, or to repay to such Vestry or Board the Expenses of reinstating the Pavement, Surface, or Soil of any Street, every such Company or Person shall be liable to reinstate the Pavement, Surface, or Soil, or to pay the Expenses of reinstating the Pave (a) Short Title, "The Metropolis Management Amendment Act, 1862." See Short Titles Act, 1896, s. 1. (b) See Metropolitan Paving Act, 1817, pp. 1-10. (c) The Metropolis Management Acts, 1855, 1856, and 1858. (d) The Metropolis Management Act, 1855. ment, Surface, or Soil of such Parts of the Street as shall have been so broken up or opened, as well as of the Part or Parts contiguous thereto which may be affected by the Works of such Company or Person, to the reasonable Satisfaction of the Surveyor for the Time being of the Vestry or District having Control over the Pavements in such Parish or District. *** 25 & 26 Vict., Cap. 102. 112. In the Construction of the recited Acts and Interpretation this Act the Term "Metropolis" shall be deemed to in- of Terms. clude the City of London and the Parishes and Places mentioned in the Schedules (A.), (B.), and (C.) to the thereof; *** 26 & 27 Vict., Cap. 93. Short Title. Application of Act and Interpretation of Terms. WATERWORKS CLAUSES ACT, 1863. 26 & 27 Vict., Cap. 93. An Act for consolidating in One Act certain Provisions frequently inserted in Acts relating to Waterworks. [28th July 1863.] Whereas The Waterworks Clauses Act, 1847, was passed in order to comprise in One Act sundry Provisions which were at the Time of the passing of that Act usually introduced into Acts of Parliament authorizing the Construction of certain Waterworks : And whereas sundry Provisions of the like Nature, but not comprised in the said Act, are now frequently introduced into Acts of Parliament relating to Waterworks, and it is expedient to comprise such last-mentioned Provisions also in One Act, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in Special Acts relating to Waterworks, as for insuring greater Uniformity in the Provisions themselves : *** [Words omitted repealed by Statute Law Revision Act, 1 893.] PRELIMINARY. 1. This Act may be cited as The Waterworks Clauses Act, 1863; and The Waterworks Clauses Act, 1847, and this Act may be cited together as 'The Waterworks Clauses Acts, 1847 and 1863. 2. This Act shall apply to any Waterworks to which any Special Act hereafter passed and incorporating this Act relates; and every such Special Act is herein-after referred to as "the Special Act." Terms used in this Act have the same Meanings as the same Terms have when used in The Waterworks Clauses Act, 1847. The Provisions respecting the Recovery of Penalties contained in the last-mentioned Act shall be incorporated with this Act. SECURITY OF RESERVOIRS. And with respect to the Security of the Reservoirs constructed by the Undertakers, be it enacted as follows: 26 & 27 Vict., Cap. 93. 3. Whenever any Person interested complains to Power for Two Justices that any Reservoir constructed by the Under- Justices to takers is in a dangerous State, such Justices shall forth- inquire as to Danger of with make Inquiry into the Truth of the Complaint; or Reservoir. Two Justices, on their own View, and without Complaint by any Person, may proceed under the present Provisions as if a Complaint had been so made to them. immediate repair. 4. If, on any such Inquiry, the Justices are satisfied Order of that the Complaint is well founded, and that the Reservoir Justices for is in a dangerous State, and that the Danger is so imminent as not to admit of Delay in removing the Cause of Complaint, they shall order such Person as they think fit to enter on the Property of the Undertakers, and to lower the Water in the Reservoir, and to execute and do all such Works and Things as the Justices think requisite and proper for removing the Cause of Complaint. 5. If, on any such Inquiry, the Justices are satisfied that there is good Cause of Complaint, but are not satisfied that the Reservoir is in such an imminently danger ous State as not to admit of Delay in removing the Cause of Complaint, they shall issue their Summons to the Undertakers to answer the Complaint; and upon hearing the Parties, the Justices may, or upon Default of Appearance of the Undertakers, then in their Absence, the Justices shall, order the Undertakers, within such Period as the Justices think reasonable and specify in the Order, to lower the Water in the Reservoir, and to execute and do all such Works and Things as the Justices think requisite and proper for removing the Cause of Complaint. If the Undertakers fail to execute or do within that Order of Undertakers Order of Failure of Period any such Work or Thing, the Justices who made the Order, or any other Two Justices, on being satisfied of such Failure, may either order such Persons as the to repair. Justices think fit to enter on the Property of the Undertaker, and to lower the Water in the Reservoir, and to execute and do all such Works and Things as the Justices think requisite and proper for removing the Cause of Complaint; or may, if they think fit, by Order impose on the Undertakers a Penalty, not exceeding Ten Pounds, for every Day during which such Failure continues after the making of the Order imposing the Penalty. 26 & 27 Vict., Cap. 93. Form of Order. 6. Any Order of Justices made in any of the Cases aforesaid shall be in Writing under their Hands, and may be in the Form set forth in the Schedule to this Act, with such Variations as Circumstances require. 7. Any Person acting under and in pursuance of Persons acting any such Order shall not be deemed a Trespasser; and if under Order not Tres passers. Order for Appeal by Undertakers not to be responsible for Consequences of Order. any Person wilfully obstructs any Person lawfully acting in obedience to any such Order, or wilfully does, or instigates, or suffers to be done, anything in contravention thereof, he shall for every such Offence be liable to a Penalty not exceeding Fifty Pounds. 8. The Justices may order all, or such Part as they think fit, of the Costs of and incident to the applying for and obtaining of any such Order to be paid by the Undertakers, and also all, or such Part as the Justices think fit, of the Expenses of the Works and Things executed and done in pursuance of any such Order by any Person other than the Undertakers, to be paid by the Undertakers to such Person as the Justices appoint. If the Justices before whom the Complaint is made think that there is no sufficient Ground for the Complaint, they may, if they think fit, order the Complainant to pay to the Undertakers the whole or any Part of their Costs of or incident to the Complaint. 9. If the Undertakers consider themselves aggrieved by any Order or Determination of Justices under the present Provisions, they may in like Manner and subject to the like Conditions as by the Railways Clauses Consolidation Act, 1845, are provided in the Case of Appeals in respect of Penalties, appeal to the Court of General or Quarter Sessions for the County or Place where the Cause of Appeal arises; and that Court may, on the hearing of the Appeal, either affirm or quash the Order or Determination, or make such other Order in the Premises as may seem fit, and may make such Order as to the Costs, both of the original Proceedings and of the Appeal, as may seem fit; but the Order or Determination appealed against shall, pending the Appeal, continue in force. 10. Notwithstanding anything in the Special Act contained, the Undertakers shall not be liable to pay any Damages, Penalties, Costs, Charges, or Expenses for or in respect of, or be answerable or accountable for, any Diminution or Cessation of the Supply of Water, or any other Breach or Nonperformance 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. |