26 & 27 Vict., Cap. 93. 11. The present Provisions with respect to the Security of Reservoirs shall apply to England and Ireland; and they shall also apply to Scotland, subject to the following Variations, namely, the Sheriff shall be deemed Provisions as to be empowered thereby, as well as Two Justices; and to Scotland. 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. SUPPLY OF WATER. And with respect to the Supply of Water to be furnished by the Undertakers, be it enacted as follows: 12. 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. 13. Where the Undertakers are authorized by the Special Act to supply Water for other than domestic Purposes, they shall not be liable, in the Absence of express Stipulation, 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. Supply for other than domestic Purposes. Want of Supply for other Purposes, when excused. than domestic Meters for 14. Where the Undertakers are authorized by the Power to let Special 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 26 & 27 Vict., Cap. 93. Power for ascertaining Quantity consumed by Meter, and for removing Meters, &c. Power to cut off Water in certain Cases. Penalty for Non-repair of 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 Occupier of the Premises, or other the Person in whose Possession the Meters, Instruments, Pipes, and Apparatus may be. 15. The Officers of the Undertakers may enter any House, Building, or Lands to, through, or into which Water is supplied by them by Measure, in order to inspect the Meters, 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. And with respect to the Waste or Misuse of the Water supplied by or belonging to the Undertakers, be it enacted as follows: 16. 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 mav cease to supply him with Water, so long as the Cause of Injury remains or is not remedied. 17. If any Person supplied with Water by the Undertakers wilfully or negligently causes or suffers any Pipe, 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. 18. If any Person— First, not having from the Undertakers a Supply of he shall for every such Offence be liable to a Penalty not 26 & 27 Vict., Cap. 93. Penalty for Water con trary to Agreement. Penalty for 19. It shall not be lawful for the Owner or Occupier of any Premises supplied with Water by the Undertakers, or any Consumer of the Water of the Undertakers, or any Pipes. other Person, 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, Consumer, or other Person, or to make any Alterations in any such Communica tion 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. 20. If any Person, not being supplied with Water by the 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 Penalty for without 26 & 27 Vict., Cap. 93. Recovery of Action. of any Consumer of the Water of the Undertakers, he shall for every such Offence be liable to a Penalty not exceeding Five Pounds. RECOVERY OF RATES. And with respect to the Recovery of Water Rates and other Money, be it enacted as follows: 21. If any Person refuses or neglects to pay to the Undertakers 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 Day of A.B. C.D. TELEGRAPH ACT, 1863. 26 & 27 Vict., Cap. 112. An Act to regulate the Exercise of Powers under Special Acts for the Construction and Maintenance of Telegraphs. (a) [28th July 1863.] [Introductory words repealed by Statute Law Revision Act, 1893.] 26 & 27 Vict., Cap. 112. 1. This Act may be cited as The Telegraph Act, 1863. Short Title. 2. This Act shall apply(1.) To every Company to be hereafter authorized by Special Act of Parliament to construct and maintain Telegraphs: Application of (2.) To every Company so authorized before the passing of this Act by any such Special Act, notwithstanding anything in any such Special Act contained, but so that, except as herein-after Telegraph expressly provided, nothing in this Act shall give Companies. to any Owner, Lessee, or Occupier of Land, or other Person, or to any Body, as against any such Company as last aforesaid, in respect of anything lawfully done before the passing of this Act by such Company under any such Special Act, any further or other Right, Power, Jurisdiction, Authority, or Remedy, than he or they would have had if this Act had not been passed: Provided also, that nothing in this Act shall interfere with the Maintenance or Repair, under any such Special Act, of any Work lawfully constructed before the passing of this Act by any such Company under any such Special Act, or with the increasing of the Number of the Wires forming Part of any such Work; and that nothing in this " (a) By s. 2 of The Telegraph Act, 1868" (An Act to enable Her Majesty's Postmaster General to acquire, work, and maintain Electric Telegraphs), this Act is incorporated with that Act, except so far as varied or altered thereby or inconsistent therewith, and the term "the Company" in this Act, in addition to the meaning herein assigned to it, is made to mean the Postmaster General. By s. 3 of "The Telegraph Act, 1870,' ," such Telegraph Act, 1868, and the Telegraph Act, 1869 (for altering and amending it), are extended to the Islands of Jersey, Guernsey, Sark, Alderney and Man, and the islands and islets adjacent thereto respectively, and for the purpose of such Acts and each of them such islands and islets are respectively deemed to be part of the United Kingdom of Great Britain and Ireland. |