45 & 46 Vict., Cap. 56.

ment a report respecting the applications to and proceedings of the Board of Trade under this Act during the year then last past.

***

Interpretation.

32. In this Act,

unless

the context otherwise

Provision as to general Acts.

Application
of Act to
Scotland.
Application of
Act to Ireland.

requires

The expression "electricity" means electricity, electric current, or any like agency:

***

The expression "works means and includes electric lines, also any buildings, machinery, engines, works, matters, or things of whatever description required to supply electricity and to carry into effect the object of the undertakers under this Act: The expression "company" means any body of persons corporate or unincorporate:

* * *

The expression "street includes any square, court, or alley, highway, lane, road, thoroughfare, or public passage, or place, within the area in which the undertakers are authorised to supply electricity by this Act or any license, order, or special Act:

34. Nothing in this Act shall exempt the undertakers or their undertaking from the provisions of any general Act relating to the supply of electricity which may be passed in this or any future session of Parliament.

***

36. This Act shall apply to Scotland ***

***

37. This Act shall apply to Ireland ***

46 & 47 Vict, Cap. 37

PUBLIC HEALTH ACT, 1875, (SUPPORT OF SEWERS,) AMENDMENT ACT, 1883.

46 & 47 Vict., Cap. 37. An Act to amend the Public Health Act, 1875, and to make provision with respect to the support of public sewers and sewage works in mining districts.

[Introductory words.]

(a)

[25th August 1883.]

1. This Act may be cited as the Public Health Act, Short title and 1875, (Support of Sewers,) Amendment Act, 1883, and construction. shall be construed as one with the Public Health Act, 1875, (in this Act called the Principal Act,) as amended by the Acts for the time being in force amending the same. 2. In this Act,

The expression "sanitary work" means any existing or future building or work constructed by or vested in or under the control of a local authority under the powers or for the purposes of so much of the Principal Act or of any General or Local Act or Provisional Order as relates to the construction or maintenance of any works of sewerage, drainage, sewage disposal, lighting, or water supply, and includes any fixtures, pipes, fittings, or apparatus connected with any such work, and belonging to or used by the local authority:

The expression "support" includes vertical and lateral support:

The expression "Sanitary Act" means the Act or Provisional Order under the authority of which a sanitary work has been or is constructed or is maintained, whether such Act or Order was passed and confirmed before or after the commencement of this Act:

The expression "person" includes a body corporate.

Interpretation.

3. The provisions of the Waterworks Clauses Act, Application 1847, sections eighteen to twenty-seven (both inclusive), of provisions

(a) By the Public Health (London) Act, 1891, s. 102, the provisions of this Act, except so far as superseded by that Act, were extended to the parish of Woolwich, but, by s. 35. (2.) of the London Government Act, 1899, such s. 102 was repealed.

of the

with respect to mines, shall, in relation to any sanitary work of a local authority, be deemed to be incorporated with this Act and with the Sanitary Act under the authority of which such sanitary work has been or is constructed or is maintained, with the following modifications (that is to say) :

(1.) For the purposes of such incorporation the said
provisions of the Waterworks Clauses Act, 1847,
shall be construed as if the expression the
undertakers" referred to the local authority,
and as if the expression "the Special Act" re-
ferred to such Sanitary Act and this Act, and as
if expressions relating to pipes, conduits, or
other works referred to the sanitary work:
(2.) The local authority, by or with any notice under
the Waterworks Clauses Act, 1847, of willing-
ness to treat for or make compensation, or of
intention to prevent or interfere with the work-
ing of any mines, may specify and define the
nature and extent of support which they require
to be left, and any such notice may extend to
minerals beyond the distance of forty yards
mentioned in the said Act or to such less
distance as the local authority think fit:
(3.) As regards sanitary works existing at the passing
of this Act the local authority shall cause the
survey and map referred to in section nineteen
of the Waterworks Clauses Act, 1847, to be
made within twelve months after the passing of
this Act:

(4.) The amount of any compensation in respect of
support for a sanitary work payable by a local
authority under the provisions of the Water-
works Clauses Act, 1847, as incorporated with
this Act or the Sanitary Act, together with the
costs of and incident to settling the same by
arbitration or otherwise, shall be paid, charged,
and borne in the same manner, and subject to
the same powers and provisions as to borrowing
and otherwise, as is provided with respect to
the expenses of the construction or maintenance
of the sanitary work by the Sanitary Act:
(5.) A local authority may from time to time make
agreements with the owners, lessees, or occupiers
of or the persons working any mine for com-
promising any claim made or to be made in
respect of anything done or omitted before the
passing of this Act in relation to the matters in

this Act mentioned or otherwise for carrying 46 & 47 Vict., into effect the purposes of this Act in relation

to the past or future working of mines.

The provisions of this Act shall apply to every sanitary work as defined in this Act, whether the land on, in, over, or under which such work is situate is or is not vested in or occupied by the local authority, and is or is not wholly or partially dedicated to the public as a street, highway, or public place.

4. Except as in this Act provided, a local authority shall not by reason only of anything contained in the Sanitary Act under the authority of which a sanitary work has been or is constructed or maintained be deemed to have acquired or to be entitled to or to be bound to acquire or make compensation for any right of support for such sanitary work as against any person owning or working or being lessee or occupier of or entitled to work or otherwise interested in any mine; and nothing in such Sanitary Act shall be deemed to have subjected or to subject any such person to any liability to the local authority in respect of damage to a sanitary work caused in or consequent upon the working of any mines in a reasonable and proper manner.

Cap. 37

Limitation of right to support for sanitary works over mines.

5. Nothing in this Act shall be construed to repeal, Savings. invalidate, or affect any express enactment in a Sanitary or other Act with respect to rights of support for sanitary works, or any agreement made before the passing of this Act with respect to such rights, or to affect any action, arbitration, or other legal proceedings concluded before or pending at the passing of this Act.

Where any right of support has been acquired before the passing of this Act by a local authority in respect of any sanitary work, and no compensation is at the passing of this Act recoverable in respect of such right, nothing in this Act shall be construed to apply to the work in respect of which such right has been acquired, or operate to deprive the local authority of such right or to entitle any person to any compensation in respect thereof, to which such person would not have been entitled if this Act had not been passed.

Explanation of
10 & II Vict.
C. 17. s. 68.

Construction of Act.

Short title.

plain the sixty-eighth section of the Waterworks Clauses Act, 1847.

[31st July 1885.]

[Preamble repealed by Statute Law Revision Act, 1898.]

1. The words "the annual value of the tenement supplied with water" in the sixty-eighth section of the Waterworks Clauses Act, 1847 (a), shall, within the unions and parishes to which the Valuation of Property (Metropolis) Act, 1869, extends, mean the rateable value as settled from time to time by the local authority as duly constituted Provided that where the water rate is chargeable on the annual value of a part only of any hereditament entered in the valuation list, such annual value shall be a fairly apportioned part of the rateable value of the whole tenement, ascertained as aforesaid, the apportionment in case of dispute to be determined in manner provided by the said section.

2. The Waterworks Clauses Act, 1847, and this Act shall, for the purposes of this Act, be construed together as one Act, and the provisions of this Act shall to that extent be held to repeal and supersede such of the provisions of that Act as are inconsistent with this Act.

3. This Act may be cited for all purposes as the Water Rate Definition Act, 1885.

(a) Page 76.