10 Vict., Cap. 17. intendence, and to open Drains. Not to enter on private Land without Consent. Notice to be served on Persons having Control, &c. before break ing up Streets or opening Drains. Streets or Drains not to be broken up except under Superintendence of Persons having Control of the same. within the Limits of the special Act; and may open and break up any Sewers, Drains, or Tunnels within or under such Streets and Bridges, and lay down and place within the same Limits Pipes, Conduits, Service Pipes, and other Works and Engines, and from Time to Time repair, alter, or remove the same, and for the Purposes aforesaid remove and use all Earth and Materials in and under such Streets and Bridges, and do all other Acts which the Undertakers shall from Time to Time deem necessary for supplying Water to the Inhabitants of the District included within the said Limits, doing as little Damage as can be in the Execution of the Powers hereby or by the special Act granted, and making Compensation for any Damage which may be done in the Execution of such Powers. XXIX. Provided always, that nothing herein contained shall authorize or empower the Undertakers to lay down or place any Pipe, Conduit, Service Pipe, or other Work in any Land not dedicated to public Use without the Consent of the Owners and Occupiers thereof, except that the Undertakers at any Time may enter upon and lay or place any new Pipe in the Place of an existing Pipe in any Land wherein any Pipe hath been already lawfully laid down or placed in pursuance of this or the special Act, or any other Act of Parliament, and may repair or alter any Pipe so laid down. XXX. Before the Undertakers open or break up any Street, Bridge, Sewer, Drain, or Tunnel, they shall give to the Persons under whose Control or Management the same may be, or to their Clerk, Surveyor, or other Officer, Notice in Writing of their Intention to open or break up the same, not less than Three clear Days before beginning such Work, except in Cases of Emergency arising from Defects in any of the Pipes or other Works, and then so soon as is possible after the Beginning of the Work, or the Necessity for the same shall have arisen. XXXI. No such Street, Bridge, Sewer, Drain, or Tunnel shall, except in the Cases of Emergency aforesaid, be opened or broken up, except under the Superintendence of the Persons having the Control or Management thereof, or of their Officer, and according to such Plan as shall be approved of by such Persons or their Officer, or in case of any Difference respecting such Plan, then according to such Plan as shall be determined by Two Justices; and such Justices may, on the Application of the Persons having the Control or Management of any such Sewer or Drain, or their Officer, require the Undertakers to make such temporary or other Works as they may think necessary for guarding against any Interruption of the Drainage during the Execution of any Works which interfere with any such Sewer or Drain: Provided always, that if the Persons having such Control or Management as aforesaid, and their Officer, fail to attend at the Time fixed for the opening of any such Street, Bridge, Sewer, Drain, or Tunnel, after having had such Notice of the Intention of the Undertakers as aforesaid, or shall not propose any Plan for breaking up or opening the same, or shall refuse or neglect to superintend the Operation, the Undertakers may perform the Work specified in such. Notice without the Superintendence of such Persons, or their Officer. 10 Vict., Cap. 17. If Persons having the Control, &c. fail to super intend, Undertakers may perform the Work without them. broken up to be re instated without Delay. XXXII. When the Undertakers open or break up the Streets, &c. Road or Pavement of any Street or Bridge, or any Sewer, Drain, or Tunnel, they shall with all convenient Speed complete the Work for which the same shall be broken up, and fill in the Ground, and reinstate and make good the Road or Pavement, or the Sewer, Drain, or Tunnel, so opened or broken up, and carry away the Rubbish occasioned thereby, and shall at all Times whilst any such Road or Pavement shall be so opened or broken up cause the same to be fenced and guarded, and shall cause a Light sufficient for the warning of Passengers to be set up and kept there against, every Night during which such Road or Pavement shall be continued open or broken up, and shall, after replacing and making good the Road or Pavement which shall have been so broken up, keep the same in good Repair for Three Months thereafter, and such further Time, if any, not being more than Twelve Months in the whole, as the Soil so broken up shall continue to subside. XXXIII. If the Undertakers open or break up any Street or Bridge, or any Sewer, Drain, or Tunnel, without giving such Notice as aforesaid, or in a Manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other Works as aforesaid, when so required, except in the Cases in which the Undertakers are authorized to perform such Works without any Superintendence or Notice, or if the Undertakers make any unnecessary Delay in completing any such Work, or in filling in the Ground, or reinstating and making good the Road or Pavement, or the Sewer, Drain, or Tunnel, so opened or broken up, or in carrying away the Rubbish occasioned thereby, or if F Penalty for 10 Vict., Cap. 17. In case of Delay, other Parties may reinstate and recover the Expenses. Supply of A Constant Supply of Water to be kept for domestic Purposes at high Pressure. they neglect to cause the Place where such Road or Pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the Road or Pavement in repair for the Space of Six Months next after the same is made good, or such further Time as aforesaid, they shall forfeit to the Persons having the Control or Management of a Street, Bridge, Sewer, Drain, or Tunnel in respect of which such Default is made a Sum not exceeding Five Pounds for every such Offence, and an additional Sum of Five Pounds for each Day during which any such Delay as aforesaid shall continue after they shall have received Notice thereof. XXXIV. If any such Delay or Omission as aforesaid shall take place the Persons having the Control or Management of the Street, Bridge, Sewer, Drain, or Tunnel in respect of which such Delay or Omission shall take place may cause the Work so delayed or omitted to be executed, and the Expense of executing the same shall be repaid to such Persons by the Undertakers, and such Expenses may be recovered in the same Way as Damages are recoverable under this and the special Act. And with respect to the Supply of Water to be furnished by the Undertakers, be it enacted as follows: XXXV. The Undertakers shall provide and keep in the Pipes to be laid down by them a Supply of pure and wholesome Water, sufficient for the Domestic Use of all the Inhabitants of the Town or District within the Limits of the Special Act, who, as herein-after provided, shall be entitled to demand a Supply, and shall be willing to pay Water Rate for the same; and such Supply shall be constantly laid on at such a Pressure as will make the Water reach the top Story of the highest Houses within the said Limits, unless it be provided by the special Act that the Water to be supplied by the Undertakers need not be constantly laid on under Pressure; and the Undertakers shall cause Pipes to be laid down and Water to be brought to every Part of the Town or District within the Limits of the special Act whereunto they shall be required by so many Owners or Occupiers of Houses in that Part of the Town or District, as that the aggregate Amount of Water Rate payable by them annually at the Rates specified in the special Act shall be not less than One Tenth Part of the Expense of providing and laying down such Pipes; provided that no such Requisition shall be binding on the Undertakers unless such Owners or Occupiers shall sever ally execute an Agreement binding themselves to take such Supply of Water for Three successive Years at least. IO Vict., Penalty for Use. XXXVI. If for Twenty-eight Days after Demand in Writing made to the Undertakers, and Tender made of an Agreement, signed by such Number of Owners or Occupiers as aforesaid, to take and pay for a Supply of Water for Three Years or more, the Undertakers shall refuse or neglect to lay down Pipes in the Manner herein-before directed, and to provide such Supply of Water as aforesaid or as provided by the special Act, they shall forfeit to each of such Owners and Occupiers the Amount of Rate which he would be liable to pay under such Agreement, and also the further Sum of Forty Shillings for every Day during which they shall refuse or neglect to lay down such Pipes, or to provide such Supply of Water: Provided always, that the Undertakers shall not be liable Proviso. to any Penalty for not supplying Water if the Want of such Supply shall arise from Frost, unusual Drought, or other unavoidable Cause or Accident. XXXVII. In all the Pipes to which any Fire-plug shall be fixed the Undertakers shall provide and keep constantly laid on, unless prevented by Frost, unusual Drought, or other unavoidable Accident, or during necessary Repairs, a sufficient Supply of Water for the following Purposes; (that is to say,) for cleansing the Sewers and Drains, for cleansing and watering the Streets, and for supplying any public Pumps, Baths, or Washhouses that may be established for the free Use of the Inhabitants, or paid for out of any Poor Rates or Borough Rates levied within the Limits of the special Act; and such Supply shall be provided at such Rates, in such Quantities, and upon such Terms and Conditions as may be agreed upon by the Town Commissioners and the Undertakers, or, in case of Disagreement, as shall be settled in England or Ireland by two Justices, and in Scotland by the Sheriff, until in either Case an Inspector shall have been appointed, and after the Appointment of such Inspector, by the Inspector so appointed. Supply of kept for Water to be cleansing Sew- Undertakers XXXVIII. The Undertakers, at the Request of the Fire-plugs. Town Commissioners, shall fix proper Fire-plugs in the Main and other Pipes belonging to them, at such convenient Distances, not being more than the prescribed Distance, or, if no Distance be prescribed, not more than One hundred Yards from each other, and at such Places as may be most proper and convenient for the Supply of Water for extinguishing any Fire which may break out 10 Vict., Cap. 17. Undertakers Expense of Fire-plugs to be placed near Manufactories at request, &c. of Owners. Pipes to be kept charged, and Water taken to extinguish Fires without Charge. Penalty for within the Limits of the special Act; and in case of any Difference of Opinion as to the proper Position or Number of such Fire-plugs, it shall be settled by such Inspector as aforesaid, when appointed, and in the meantime by Two Justices in England or Ireland, and by the Sheriff in Scotland. XXXIX. The Undertakers shall from Time to Time renew and keep in effective Order every such Fire-plug; and as soon as any such Fire-plug is completed they shall deposit a Key thereof at each Place within the Limits of the special Act where any public Fire Engine is kept, and in such other Places as may be appointed by the Town Commissioners, and shall put up a public Notice in some conspicuous Place in each Street in which such Fire-plug is situated showing its Situation, which Notice the Undertakers may put up on any House or Building in such Street. XL. The Cost of such Fire-plugs, and the Expense of fixing, placing, and maintaining the same in repair, and of providing such Keys as aforesaid, shall be defrayed by the Town Commissioners. XLI. The Undertakers shall, at the Request and Expense of the Owner or Occupier of any Work or Manufactory situated in any Street in which there shall be a Pipe of the Undertakers, place and maintain in effective Order a Fire-plug (to be used only for extinguishing Fires) as near as conveniently may be to such Work or Manufactory. XLII. The Undertakers shall at all Times keep charged with Water, under such Pressure as aforesaid, all their Pipes to which Fire-plugs shall be fixed, unless prevented by Frost, unusual Drought, or other unavoidable Cause or Accident, or during necessary Repairs, and shall allow all Persons at all Times to take and use such Water for extinguishing Fire, without making Compensation for the same. XLIII. If, except when prevented as aforesaid, the Undertakers neglect or refuse to fix, maintain, or repair such Fire-plugs, or to furnish to the Town Commissioners a sufficient Supply of Water for the public Purposes aforesaid, upon such Terms as shall have been agreed on or settled as aforesaid, or if, except as aforesaid, they neglect to keep their Pipes charged under such Pressure as aforesaid, or neglect or refuse to furnish to any Owner or Occupier entitled under this or the special Act to receive |