a Supply of Water during any Part of the Time for which the Rates for such Supply have been paid or tendered, they shall be liable to a Penalty of Ten Pounds, and shall also forfeit to the Town Commissioners, and to every Person having paid or tendered the Rate, the Sum of Forty Shillings for every Day during which such Refusal or Neglect shall continue after Notice in Writing shall have. been given to the Undertakers of the Want of Supply. And with respect to the Communication Pipes to be laid by the Undertakers, be it enacted as follows: IO Vict., Undertakers. Undertakers to lay down CommunicaRequest of Oction Pipes on cupier and with Consent of Owners in Houses of limited Value. XLIV. The Undertakers shall, upon the Request of Pipes to be the Owner of any Dwelling House in any Street in which laid by the Pipes shall have been laid down by them, the annual Value of which House shall not exceed Ten Pounds, or upon Request of the Occupier, [with the Consent in Writing of the Owner or reputed Owner of any such House, or of the Agent of such Owner (a),] and upon Payment or Tender of the Proportion of Water Rate in respect of such House by this or the special Act made payable in advance, lay down Communication Pipes and other necessary Works for the Supply of such House with Water for domestic or other Purposes, and shall keep the same in repair, and thereupon the Occupier of such House shall be entitled to have a sufficient supply of Water for his domestic Purposes from the Undertakers; and the Undertakers may charge for such Pipes and Works, in addition to the Water Rate, such reasonable annual Rent as shall be agreed upon, or, in case of Dispute, as shall be settled by such Inspector as aforesaid, when appointed, and in the meantime as shall in England or Ireland be settled by Two Justices, and in Scotland by the Sheriff; and such Rent shall be chargeable on and recoverable from the Occupier, or, in his Default, from the Owner of such House, at the same Times and in the same Manner as Water Rates; and such Pipes and other Works shall not be subject to Distress or to the Landlords Hypothec for Rent, nor to be taken in Execution under any Process of a Court of Law or Equity, or under any Fiat or Sequestration in Bankruptcy, against such Occupier or against such Owner, unless he shall have become the Proprietor of the said Pipes and Works under the Provisions herein-after contained. (a) For purposes of supply of water by local authorities, s. 44 to have effect as if words within brackets were omitted. See Public Health Act, 1875, s. 57, and Public Health (Ireland) Act, 1878, s. 67, final clause, p. 266. 10 Vict., Cap. 17. Penalty on Undertakers for refusal to lay Communication Pipes. Undertakers to be at liberty to remove Pipes, and recover Expenses of Owners or Occupiers. No greater Sum to be recovered from Occupiers than Amount of Rent due. Owner to be at liberty to purchase the Pipes. XLV. If, upon such Request and Consent, and upon Tender or Payment of such Proportion of Rate as aforesaid, the Undertakers for Seven Days neglect or refuse to lay down such Communication Pipes or other Works, they shall be liable to forfeit to the Person so making such Request the Sum of Five Pounds, and a further Sum of Forty Shillings for every Day during which such Refusal or Neglect shall continue after Seven Days from the making of such Request and Tender as aforesaid. XLVI. If the Occupier for the Time being of the House in which any such Communication Pipes or other Works and Engines shall have been laid down by the Undertakers refuse to pay for a Supply of Water, or if such House be unoccupied for Twelve Months, the Undertakers may demand from the Owner thereof Payment of the Amount of the Principal Money invested by them in providing and laying down such Communication Pipes. and other Works and Engines; and if such Owner, after Ten Days Notice given to him by the Undertakers, neglect or refuse to pay such Principal Money, the Undertakers may enter the House and remove such Pipes and other Works; and the Balance of such Principal Money, after deducting the Value of such Pipes and other Works, with all Arrear of Rent for such Pipes and Works, shall, in Default of Payment, be recovered, with the Costs incurred, from the Owner or from the Occupier for the Time being in the same Manner as Water Rates are directed by this or the special Act to be recovered: Provided always, that no greater Sum shall be recovered from any such Occupier than the Amount of Rent for the Time being owing by him unless he refuse to discover the Amount of Rent owing by him; and that every such Occupier shall be entitled to deduct from the Amount of Rent payable by him the Sum so recovered from him, or which he shall have paid on Demand. XLVII. The Owner or reputed Owner of any House where any such Communication Pipes or other Works shall have been laid down by the Undertakers may at any Time pay off the Amount then due to the Undertakers in respect of the Costs of providing and laying down such Pipes and Works, and all Rent at that Time due in respect thereof, and thereupon such Pipes and Works shall become the Property of such Owner, and all further Rent in respect thereof shall cease to accrue to the Undertakers. And with respect to the Communication Pipes to be laid by the Inhabitants, be it enacted as follows: 10 Vict., Cap. 17. Pipes to be laid by the Inhabitants. to lay Service the UnderPipes, giving takers Notice of the same. XLVIII. Any Owner or Occupier of any Dwelling House or Part of a Dwelling House within the Limits of the special Act who shall wish to have Water from the Waterworks of the Undertakers brought into his Premises, Power to and who shall have paid or tendered to the Undertakers Inhabitants the Portion of Water Rate in respect of such Premises by this or the special Act directed to be paid in advance, may open the Ground between the Pipes of the Undertakers, and his Premises having first obtained the Consent of the Owners and Occupiers of such Ground, and lay any Leaden or other Pipes from such Premises, to communicate with the Pipes of the Undertakers, such Pipes to be of a Strength and Material to be approved by the Undertakers, or, in case of Dispute, to be settled in England or Ireland by Two Justices, and in Scotland by the Sheriff, or in either Case by the Inspector to be appointed as aforesaid: Provided always, that every such Owner or Occupier shall, before he begins to lay any such Pipe, give to the Undertakers Fourteen Days Notice of his Intention to do so. XLIX. Before any Pipe is made to communicate with the Pipes of the Undertakers, the Person intending to lay such Pipe shall give Two Days Notice to the Undertakers of the Day and Hour when such Pipe is intended to be made to communicate with the Pipes of the Undertakers; and every such Pipe shall be so made to communicate under the Superintendence and according to the Directions of the Surveyor or other Officer appointed for that Purpose by the Undertakers, unless such Surveyor or Officer fail to attend at the Time mentioned in the said Notice; and in case of any Dispute as to the Manner in which such Pipe shall be so made to communicate, it shall in England or Ireland be settled by Two Justices, and in Scotland by the Sheriff, or in either Case by the Inspector to be appointed as aforesaid. Communication with the Pipes of the to be made under the Superinten Undertakers dence of their Surveyor. As to the Settling of Disputes. L. The Bore of any such Pipe as last aforesaid shall Bore of Sernot exceed the prescribed Limits, and where no Limit vice Pipes. shall be described it shall not exceed Half an Inch, except with the Consent of the Undertakers. LI. Any Person who shall have laid down any Pipe or other Works, or who shall have become the Proprietor thereof, may remove the same, after having first given Six Days' Notice in Writing to the Undertakers of his Inten Service Pipes may be re moved after giving Notice of the same. IO Vict., Cap. 17. Penalty on Power to Inhabitants to break up Pavements, giving Notice of the same. Owners or Occupiers entitled to demand a Supply of Water for domestic Purposes. Protection of Persons Water to tion so to do, and of the Time of such proposed Removal, and every such Person shall make Compensation to the Undertakers for any Injury or Damage to their Pipes or Works which may be caused by such Removal; and every Person who shall remove any such Pipe or other Works without giving such Notice as aforesaid shall forfeit to the Undertakers a Sum not exceeding Five Pounds, over and above the Damage which he may be found liable to pay in any Action at Law, at the Suit of the Undertakers, for the Damage done to their Pipes or Works. LII. Any such Owner or Occupier may open or break up so much of the Pavement of any Street as shall be between the Pipe of the Undertakers and his House, Building, or Premises, and any Sewer or Drain therein, for any such Purpose as aforesaid, doing as little Damage as may be, and making Compensation for any Damage done in the Execution of any such Work: Provided always, that every such Owner or Occupier desiring to break up the Pavement of any Street, or any Sewer or Drain therein, shall be subject to the same Necessity of giving previous Notice, and shall be subject to the same Control, Restriction, and Obligations in and during the Time of breaking up the same, and also reinstating the same, and to the same Penalties for any Delay in regard thereto, as the Undertakers are subject to by virtue of this or the special Act. LIII. Every Owner and Occupier of any Dwelling House, or Part of a Dwelling House within the Limits of the special Act shall, when he has laid such Communication Pipes as aforesaid, and paid or tendered the Water Rate payable in respect thereof, according to the Provisions of this and the special Act, be entitled to demand and receive from the Undertakers a sufficient Supply of Water for his domestic Purposes. And with respect to Waste or Misuse of the Water supplied by the Undertakers, be it enacted as follows: LIV. If by the special Act it be provided that the Water to be supplied by the Undertakers need not be constantly laid on under Pressure, every Person supplied with Water shall, when required by the Undertakers, provide a proper Cistern to hold the Water with which he shall be so supplied with a Ball and Stop Cock in the Pipe bringing the Water from the Works of the Undertakers to such Cistern, and shall keep such Cistern, Ball and Stop Cock in good Repair, so as effectually to prevent the Water from running to waste; and in case any such Person shall, when required by the Undertakers, neglect to provide such Cistern, Ball or Stop Cock, or to keep the same in good Repair, the Undertakers may cut off the Pipe or turn off the Water from the Premises of such Person until such Cistern and Ball and Stop Cock shall be provided or repaired, as the Case may require. [LV. Every Person supplied with Water by the Undertakers who shall suffer any such Cistern, Pipe, Ball or Stop Cock to be out of repair, so that the Water supplied to him by the Undertakers shall be wasted, shall forfeit to the Undertakers for every such Offence a Sum not exceeding Five Pounds.] [The above s. 55. is repealed by the Statute Law Revision Act, 1875, so far as it relates to Special Acts with which the Waterworks Clauses Act, 1863, is incorporated.] 10 Vict., Cap. 17. Penalty for Penalty for suffering Cistern, &c. to be out of repair. Undertakers may repair and recover Cisterns, &c. LVI. The Undertakers may repair any such Cistern, Pipe, Ball or Stop Cock, so as to prevent any such Waste of Water, and the Expenses of such Repair shall be repaid to them by the Person so allowing the same to be out of the Expenses. repair, and may be received (a) as Damages. LVII. The Surveyor, or any other Person acting under the Authority of the Undertakers, may, between the Hours of Nine of the Clock in the Forenoon and Four of the Clock in the Afternoon, enter into any House or Premises supplied with Water by virtue of this or the special Act in order to examine if there be any Waste or Misuse of such Water; and if such Surveyor or other Person at any such Time be refused Admittance into such Dwelling House or Premises for the Purpose aforesaid, or be prevented from making such Examination as aforesaid, the Undertakers may turn off the Water supplied by them from such House or other Premises. (a) ic. Power to Surveyor employed by Undertakers to enter Houses to inspect, &c. Penalty for Persons to LVIII. Every Owner or Occupier of any Tenement supplied with Water under this or the special Act who shall supply to any other Person or wilfully permit him to take any such Water from any Cistern or Pipe in such takers Water. Tenement, unless for the Purpose of extinguishing any Fire, or unless he be a Person supplied with Water by the Undertakers, and the Pipes belonging to him be, without his Default, out of repair, shall forfeit to the Undertakers for every such Offence a Sum not exceeding Five Pounds. [LIX. Every Person who, not having agreed to be Penalty for sup- taking the plied with Water by the Undertakers, shall take any Water Undertakers from any Reservoir, Watercourse, or Conduit belonging to Water with |