36 & 37 Vict., Cap. 89.

GAS AND WATER WORKS FACILITIES ACT, 1870, AMENDMENT ACT, 1873.

36 & 37 Vict., Cap. 89. An Act to extend and amend the provisions of the Gas and Water Works Facilities Act, 1870. (a)

[5th August 1873.]

[Introductory words repealed by Statute Law Revision (No. 2) Act, 1893.]

"The Short title.

1. This Act may be cited for all purposes as Gas and Water Works Facilities Act, 1870, Amendment Act, 1873."

[2-11 repealed by Statute Law Revision Act, 1883.]

12. Where under the Gas and Water Works Facilities Act, 1870, or this Act, the Board of Trade have made any Provisional Order, they may from time to time revoke, amend, extend, or vary such Provisional Order by a

further Provisional Order.

Every application for such further Provisional Order shall be made in like manner and subject to the like conditions as the application for the former Provisional Order.

Every such further Provisional Order shall be made and confirmed in like manner in every respect as the former Provisional Order.

Power of

Board of Trade to revoke, amend,

extend, or vary

Provisional

Order.

Authorising

and regulating inquiries by Trade for purposes of Gas and

the Board of

13. Where, in relation to any application for a Provisional Order under the Gas and Water Works Facilities Act, 1870, or under this Act, it is in the opinion of the Board of Trade expedient that an inquiry should be held, they may order and direct such inquiry to be held at such time and place as they may think proper, subject to the provisions following: 1. The inquiry shall be held in public before an officer or officers to be appointed in that behalf by the Act. Board of Trade, herein-after called the Commissioner or Commissioners:

(a) This Act does not apply to the Metropolis. See s. 15.

Water Works
Facilities Act,

1870, and this

36 & 37 Vict., Cap. 89.

Rules for carrying Acts into effect.

2. Ten days' notice at the least shall be given by the
Commissioner or Commissioners of the time and
place at which the inquiry is to be commenced :
3. The inquiry shall be commenced at the time and
place so appointed, and the Commissioner or
Commissioners may adjourn the inquiry from time
to time as may be necessary to such time and
place as he or they may think fit:

4. The Commissioner or Commissioners by summons
shall, on the application of any party interested
in the inquiry, require the attendance before him
or them, at a place and time to be mentioned in
the summons, of any person to be examined as a
witness before him or them, and every person
summoned shall attend the Commissioner or Com-
missioners, and answer all questions touching the
matter to be inquired into, and any person who
wilfully disobeys any such summons or refuses to
answer any question put to him by the Com-
missioner or one of the Commissioners for the
purposes of the said inquiry shall, on summary
conviction before two justices, or in Scotland be-
fore any sheriff or sheriff substitute, be liable to a
penalty not exceeding five pounds: Provided
always, that no person shall be required to attend
in obedience to any such summons unless the
reasonable charges of his attendance shall have
been paid or tendered to him, and no person shall
be required in any case in obedience to any such
summons to travel more than ten miles from his
place of abode :

5. The Commissioner or Commissioners shall make a report to the Board of Trade in writing, and shall deliver copies of the report upon request to all or any of the parties to the inquiry.

14. The Board of Trade may from time to time make, and when made, may rescind, annul, or add to, rules with respect to the following matters:

The proceedings to be had before the Board under the Gas and Water Works Facilities Act, 1870, or this Act; and

As to any other matter or thing in respect of which it may be expedient to make rules for the purpose of carrying the said Act or this Act into execution.

Any rules made in pursuance of this section shall be deemed to be within the powers conferred by the said Act or this Act, and shall be of the same force as if enacted

in the said Art or this Act, and shall be judicially 36 & 3 Vict, noticed.

Any rules made in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament.

15. This Act shall not apply to any place within the Metropolis as the same is defined in "The Metropolis Management Act, 1855."

Schedule repealed by Statute Law Revision Act, 1883.]

Cap. So.

Act not to extend to Metropolis.

38 & 39. Vict., Cap. 55.

Short title.

Extent of Act.

Definitions. (a)

PUBLIC HEALTH ACT, 1875.

38 & 39 Vict., Cap. 55. An Act for consolidating
and amending the Acts relating to Public Health
in England. (a)
[11th August 1875.]
[Introductory words repealed by Statute Law Revision (No. 2)
Act, 1893.]

1. This Act may be cited as The Public Health Act, 1875.

[Short Title of Irish Act, The Public Health (Ireland) Act, 1878. See p. 316.]

2. This Act shall not extend to Scotland or Ireland, nor (save as by this Act is expressly provided) to the metropolis.

***

4. (Irish Act, s. 2.) In this Act, if not inconsistent with the context, the following words and expressions have the meanings herein-after respectively assigned to them; that is to say,

"Local authority" means urban sanitary authority and rural sanitary authority:

44

[In the Irish Act a similar definition is given of Sanitary Authority."]

"Surveyor" includes any person appointed by a rural authority to perform any of the duties of surveyor under this Act:

***

"Owner" means the person for the time being receiving the rackrent of the lands or premises in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent:

***

(a) The definitions in the Irish Act are the same as those here given, except where stated to be otherwise.

Cap. 55.

"Street" includes any highway *** and any public 38 & 39 Vict., bridge (not being a county bridge), and any road lane footway square court alley or passage whether a thoroughfare or not:

[Words omitted after word "highway" repealed as to English Act by Statute Law Revision Act, 1898. Such words omitted from Irish Act.]

***

"Water company means any person or body of per-
sons corporate or unincorporate supplying or who
may hereafter supply water for his or their own
profit:
"Waterworks" includes streams springs wells pumps
reservoirs cisterns tanks aqueducts cuts sluices mains
pipes culverts engines and all machinery lands build-
ings and things for supplying or used for supplying
water, also the stock in trade of any water company :

* * *

[17. (Irish Act, s. 19.) Sewage to be purified before being discharged into streams.]

* * *

WATER SUPPLY.

Powers of Local Authority (a) in relation to Supply of Water.

district with

51. (Irish Act, s. 61.) Any urban authority may pro- General vide their district or any part thereof, and any rural powers for authority may provide their district or any contributory supplying place therein, or any part of any such contributory place, water. with a supply of water proper and sufficient for public and private purposes, and for those purposes or any of them may

(1.) Construct and maintain waterworks, dig wells, and do any other necessary acts; and

(2.) Take on lease or hire any waterworks, and (with the sanction of the Local Government Board) purchase any waterworks, or any water or right to take or convey water, either within or without their district, and any rights powers and privileges of any water company; and

(3.) Contract with any person for a supply of water.

52. (Irish Act, s. 62.) Before commencing to con- Restriction on struct waterworks within the limits of supply of any water construction of waterworks company empowered by Act of Parliament or any order by local confirmed by Parliament to supply water, the local authority. (a) authority (a) shall give written notice to every water company within whose limits of supply the local authority (a) are desirous of supplying water, stating the purposes for which and (as far as may be practicable) the extent to which water is required by the local authority. (a)

(a) In the Irish Act, read "Sanitary Authority."