[18. Saving of certain Conservancy Acts.]

[19, Saving of works of certain local authorities.]

39 & 40 Vict., Cap. 75.

(3.) Definitions.

20. In this Act, if not inconsistent with the context, Definitions. the following terms have the meanings herein-after respectively assigned to them; that is to say,

"Person" includes any body of persons, whether corporate or unincorporate:

"Stream" includes the sea to such extent, and tidal waters to such point, as may, after local inquiry and on sanitary grounds, be determined by the Local Government Board, by order published in the London Gazette (a). Save as aforesaid, it includes rivers, streams, canals, lakes, and watercourses, other than watercourses at the passing of this Act mainly used as sewers, and emptying directly into the sea, or tidal waters which have not been determined to be streams within the meaning of this Act by such order as aforesaid:

"Solid matter" shall not include particles of matter in suspension in water:

“Polluting " shall not include innocuous discoloration : 'Sanitary authority" means

In the Metropolis as defined by the Metropolis Management Act, 1855, any local authority acting in the execution of the Nuisances Removal for England Act, 1855, (b) and the Acts amending the same; Elsewhere in England, any urban or rural sanitary authority acting in the execution of the Public Health Act, 1875.

PART V.-APPLICATION OF THE ACT TO SCOTLAND.

21. In the application of this Act to Scotland the Modifications following provisions shall have effect:

(1.) The expression "sanitary authority" shall mean and include the local authority in any parish or burgh in Scotland, acting under the Public Health (Scotland) Act, 1867: (c)

(2.) The expression London Gazette" shall mean Edinburgh Gazette:

(a) In Scotland, Edinburgh Gazette" (see s. 21 (2)), and in Ireland, Dublin Gazette" (see s. 22 (8)).

(b) Repealed as to London by Public Health (London) Act, 1891, s. 142, p. 392. For substituted reference, see sub-section (7.) of such s. 142, and s. 99, (1.), with notes thereto, p. 390.

(c) Repealed by Public Health (Scotland) Act, 1897, s. 196, p. 463 For substituted reference to that Act, see ss. 12, 193 thereof, pp. 451, 462, and note (a) to such s. 12.

of Act in Scotland.

39 & 40 Vict., Cap. 75.

(3.) The expression "The Public Health Act, 1875,"
shall mean the Public Health (Scotland) Act,
1867, (a) and any Acts amending the same:
(4.) This Act shall be read and construed as if for the
expression "the Local Government Board,"
wherever it occurs therein, the expression [" the
Secretary of State" were substituted; and the
expression "the Secretary of State" shall mean
one of Her Majesty's Principal Secretaries of
State]: (b)

(5.) The expression "the county court" shall mean
the sheriff of the county, and shall include sheriff
substitute; and the expression "plaint entered in
a county court" shall mean petition or complaint
presented in a sheriff court:

(6.) The expression "the High Court of Justice" shall
mean the Court of Session in either division of
the Inner House thereof:

(7.) All the jurisdiction, powers, and authorities
necessary for the purposes of this Act are hereby
conferred on sheriffs and their substitutes:
(8.) The Court of Session may, on the application of
the Lord Advocate, on behalf of the [Secretary
of State (b),] interpone their authority to any
order made by the [Secretary of State (b)] as to
the costs incurred by him in relation to inquiries
instituted by him under this Act, and as to the
parties by whom such costs shall be borne; and
may grant decree conform thereto, upon which
execution and diligence may proceed in common
form:

(9.) An inspector appointed for the purposes of this
Act by the [Secretary of State (b)] shall, for the
purposes of any inquiry directed by the [Secre-
tary of State (b)] under this Act, be entitled, by
a summons signed by him, to require the attend-
ance of all persons he may think fit to call before
him in regard to the matters of the inquiry, and
to administer oaths to, and examine upon oath,
all such persons, and to require and enforce the
production upon oath of all documents, accounts,
or papers in anywise relating to such inquiry;
and shall also have, in relation to the inspection
of places and matters required to be inspected,

(a) Repealed and substituted reference provided. See note (c), p. 299.

(b) Now Secretary for Scotland. See Secretary for Scotland Act, 1885, s. 5.

similar powers to those which sanitary inspectors 39 & 40 Vict.,
have under the Public Health (Scotland) Act,
1867. (a)

Cap. 75.

PART VI.

22. In the application of this Act to Ireland the Application following provisions shall have effect:

(1.) The expression "sanitary authority" shall mean any urban or rural sanitary authority acting in the execution of [" The Public Health (Ireland) Act, 1874 "](b)

(2.) The expression "The Public Health Act, 1875," shall mean the [Public Health (Ireland) Act, 1874:] (b)

(3.) The expression "the Local Government Board" shall mean the Local Government Board for Ireland:

(4.) The expression "the county court" shall mean the civil bill court:

(5.) The expression "plaint entered in a county court
shall mean civil bill process :

(6.) The expression "the High Court of Justice" shall
mean any of the Superior Courts of Common
Law in Dublin, or any judge thereof to whom
appeals may be brought from the decision of a
civil bill court:
(7.) The expression the judge of the county court
shall mean the chairman of quarter sessions and
judge of the civil bill court:

(8.) The expression "the London Gazette " shall mean

the Dublin Gazette:

(9.) All the jurisdiction, powers, and authorities. necessary for the purposes of this Act are hereby conferred upon the civil bill courts and superior courts, and the judges of the same respectively: (10.) All penalties, when recovered by or on behalf, or at the instance of or in any proceeding instituted by any sanitary authority, or any officer of such authority, shall be paid to such sanitary authority, and by the same applied in aid of their expenses under the Sanitary Acts; and save as aforesaid all such penalties shall be applied in manner directed by The Fines Act (Ireland), 1851," and any Act amending the same.

(a) Repealed and substituted reference provided. See note (c),p.299. (b) Repealed by Public Health (Ireland) Act, 1878, s. 294. Such s. 294 repealed by Statute Law Revision Act, 1883, but see Interpretation Act, 1889, s. 11, (1.), p. 369. Public Health (Ireland) Acts, 1878 to 1890. (Ireland) Act, 1896, s. 28, p. 449.

Reference now to

See Public Health

of this Act to

Ireland.

40 Vict.,

Cap. 7.

Short title.

Interpretation of terms.

Remuneration

and expenses

CITY OF LONDON

(VARIOUS

POWERS) ACT, 1877.

40 Vict., Cap. 7. An Act to amend the Metage on Grain (Port of London) Act, 1872, and the Gaslight and Coke Company Act, 1876; and for other [24th April 1877.]

purposes.

[Preamble.]

15. The remuneration of any chief gas examiner and of any auditor appointed or to be appointed under the examiner and provisions of the Gaslight and Coke Company Act, 1876,

of chief gas

auditor.

Remuneration

of gas examiners

shall be such as the Board of Trade from time to time direct, and such remuneration and all expenses properly incurred by the said chief gas examiner and auditor in or about the execution of their duties respectively shall be paid by the Company on demand to such fund or account and in such manner as the Board of Trade from time to time direct, and shall be a debt due from the Company to the Crown, and shall be recoverable accordingly with

costs.

16. The Commissioners of Sewers (a) and the Metroand expenses politan Board of Works (b) respectively shall pay the remuneration of all gas examiners appointed by the Corporation and the Metropolitan Board of Works (b) respectively under the provisions of the Gaslight and Coke Company Act, 1876, together with all expenses properly incurred by such gas examiners respectively in or about the execution of their duties, as part of the expenses of executing the Acts relating to them respectively.

***

(a) Now Common Council. See City of London Sewers Act, 1897, s. 7, P. 470.

(b) Now London County Council. See Local Government Act, 1888, s. 40. (8.), p. 362.

40 & 41 Vict., Cap. 31.

LIMITED OWNERS
RESERVOIRS AND WATER

SUPPLY FURTHER
FACILITIES ACT, 1877.

40 & 41 Vict., Cap. 31. An Act to give further
facilities to Landowners of limited interests in
England and Wales and Ireland to charge their
estates with the expenses of constructing Reser-
voirs for the storage of Water, and other similar
purposes.
[2nd August 1877.]

(a)

[Preamble repealed by Statute Law Revision Act, 1894.]

1. This Act may be cited as the Limited Owners Short title. Reservoirs and Water Supply Further Facilities Act, 1877.

2. This Act shall not extend to Scotland. (a)

3. This Act shall be incorporated with the Improvement of Land Act, 1864, and the two Acts shall be read together as one Act.

4. The provisions of the Waterworks Clauses Act, 1863, with respect to the security of the reservoirs constructed by the undertakers are incorporated with this Act; and in that Act, as incorporated with this Act, the expression "the special Act" shall mean and include the Improvement of Land Act, 1864, and this Act; and the expression "the undertakers shall mean any person who constructs or erects any reservoir or dam under the authority of either of the last-mentioned Acts.

5. The construction or erection of reservoirs or other works of a permanent character for the supply of water to persons residing or engaged in labour on the lands on which such works are situate, or on any other lands settled to the same uses, or for the more convenient or profitable user of such lands, or for the supply of water to any sanitary or other local authority or water company, or to

(a) For extension in part of Act to Scotland, see Improvement of Land Act, 1899, s. 2, p. 497.

Extent of Act.

Act incorpo-
rated with
27 & 28 Vict.
C. 114.

Certain
provisions of

26 & 27 Vict. C. 93. incor

porated.

27 & 28 Vict.

C. 114.

What to be
deemed im-

provements
within
27 & 28 Vict.
c. 114.