fail, vestry,

to be done

furnished as aforesaid, or either of them, as the case may require; (b) and if such notice be not complied with, it If owners -hall be lawful for the vestry or district board to cause to &c. to cause be constructed a sufficient watercloset or privy and ash- the work fit, or either of them, or do such other works as the at their case may require, and to recover the expenses incurred expense. by them in so doing from the owner of such house in manner hereinafter provided: Provided always, that where a watercloset or privy has been and is used in common by the inmates of two or more houses, or if in the opinion of the vestry or district board a watercloset or privy may be so used, they need not require the same to be provided for each house.

vestries and district boards to authorize

of drains,

LXXXII. It shall be lawful for any such vestry or Power for board, or for their surveyor or inspector, or such other person as they appoint, to inspect any drain, watercloset, privy, cesspool, or water supply apparatus, or sinks, traps, inspection syphons, pipes, or other works or apparatus connected privies, and therewith, within the parish or district of such vestry or cesspools. board, and for that purpose, at all reasonable times in the daytime, after twenty-four hours' notice in writing has been given to the occupier of the premises to which such drain, watercloset, privy, cesspool, or water supply apparatus, or other connected works or apparatus as aforeaid, is attached, or left upon the premises, or in case of emergency without notice, to enter, by themselves or their surveyor or inspector and workmen, upon any premises, and cause the ground to be opened in any place they think fit, doing as little damage as may be.

(b) Under this provision, a vestry or district board may require the owner or occupier of a house to provide a sufficient watercloset, and in case of non-compliance, may cause it to be constructed, and may recover the expenses from the owner. Vestry of St. Luke, Middlesex, v. Lewis, 31 L. J. (N. S.) M. C. 73; but they must exercise their authority with regard to the circumstances of each particular case, and not merely lay down a general rule, such as that all privies in the district shall be turned into waterclosets; Tinkler v. Wandsworth District Board of Works, 27 L. J. (N. S.) 342, Ch.

Penalty on persons im

LXXXIII. In case any drain, watercloset, privy, cesspool, or water supply, or water supply apparatus, or other connected works or apparatus, herein before mentioned, be drains (a) found, on inspection, not to have been made or provided ac

properly making or

altering

cording to the directions or regulations of the vestry or district board, or contrary to the provisions of this Act, or in case any person, without the consent of the vestry or district board, construct, rebuild, or unstop any sewer, drain, watercloset, privy, or cesspool, which may have been ordered by them not to be made, or to be demolished or stopped up, or in case any person discontinue any water supply, or destroy any connected works or apparatus as aforesaid, or in case any person, without the consent of the vestry or district board, break into any sewer vested in such vestry or board, every person(b) so offending shall forfeit and pay any sum not exceeding 107.; and in case the person so making any sewer, drain, watercloset, privy, cesspool, or other works or apparatus as aforesaid, contrary to the directions or regulations of the vestry or board, or contrary to the provisions of this Act, or, without such consent as aforesaid, constructing, rebuilding, or unstopping any sewer, drain, watercloset, privy, or cesspool which may have been ordered to be demolished or stopped up, or discontinuing any water supply or destroying any connected works or apparatus as aforesaid, or breaking into any such sewer as aforesaid, do not, within fourteen days after notice in writing by the vestry or board, cause such sewer, drain, watercloset, privy, or cesspool to be altered or reinstated in conformity with the directions of the vestry or board, or, as the case may be, to be demolished or stopped up, or such water supply to be renewed, or such connected works or apparatus to be restored, then and in every such case the

(a) See 25 & 26 Vict. c. 102, ss. 68 and 69, post, declaring penalties in case of encroachments on or wrongful interference with sewers.

(b) The penalties declared by this and other provisions o the Act are, by 25 & 26 Vict. c. 102, s. 65, post, extended to all persons causing the commission of the offence.

vestry or board may cause the work to be done, and the expenses thereof shall be paid by the person who has so offended.

expenses to

vestry or

LXXXIV. If such drain, watercloset, privy, cesspool, Where no or water supply, or water supply apparatus, or other default found connected works and apparatus, be found on inspection be paid by as aforesaid to be made to the satisfaction of the vestry board. er board, and in proper order and condition, they shall cause the same to be reinstated and made good as soon as may be, and the expenses of examination, reinstating, and making good such drain, watercloset, privy, cesspool, or other works or apparatus as aforesaid, shall be defrayed by the vestry or board, and full compensation (c) shall be made by them for all damages or injuries done or occasioned by the examination of any such drain, watercloset, privy, cesspool, or other works cr apparatus as aforesaid.

district board to cause

drains, &c.

to be put into proper condition, &c.

where

LXXXV. If, upon such inspection as aforesaid, any Vestry or drain, watercloset, privy, or cesspool appear to be in bad erder and condition, or to require cleansing, alteration, or amendment, or to be filled up, the vestry or board shall cause notice in writing to be given to the owner or occupier of the premises upon or in respect of which the in- necessary. spection was made, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works; and if such notice be not complied with by the person to whom it is given, the vestry or board may, if they think fit, execute such works, and the expenses (d) incurred by them in so doing shall be paid to them by the owner or occupier of the premises.

district

board to

LXXXVI. Every vestry and district board shall drain, Vestry and cleanse, cover, or fill up, or cause to be drained, cleansed, covered, or filled up, all ponds, pools, open ditches, sewers, drains, and places containing or used for the collec- drains, &c.

(c) See ss. 225, 226, as to recovery of compensation. (d) As to recovery of expenses, see ss. 225, 226.

cause offensive ditches,

to be

cleansed or covered.

tion of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health, which may be situate in their parish or district; and they shall cause written notice to be given to the person causing any such nuisance, or to the owner or occupier of any premises whereon the same exists, requiring him, within a time to be specified in such notice, to drain, cleanse, cover, or fill up such pond, pool, ditch, sewer, drain, or place, or to construct a proper sewer or drain for the discharge of such filth, water, matter, or thing, or to do such other works as the case may require; and if the person to whom such notice is given fail to comply therewith, the vestry or board shall execute such works (e) as may be necessary for the abatement of such nuisance, and may recover the expenses thereby incurred from the owner of the premises in manner hereinafter mentioned: Provided always, that it shall be lawful for such vestry or board, where they think it reasonable, to defray all or any portion of such expenses, as expenses Where works of sewerage are to be defrayed under this Act: Prointerfere vided also, that where any work by any vestry or disancient mill, trict board done or required to be done in pursuance of the provisions of this Act interferes with or prejudicially affects any ancient mill, or any right connected therewith, or other right to the use of water, full compensation shall be made to all persons sustaining damage thereby, in manner hereinafter provided (ƒ), or it shall be lawful for the vestry or board, if they think fit, to contract for the purchase of such mill, or any such right connected therewith, or other right to the use of water; and the provisions of this Act with respect to the purchases by the vestry or board hereinafter authorized

with any

&c. compen

sation to be made, or rights therein Durchased.

(e) See the power conferred upon the local authority, by the 22nd sect. of the Nuisances Removal Act, 18 & 19 Vict. c. 121, to lay down a sewer where any ditch, &c., is a nuisance.

(f) See ss. 225, 226,

shall be applicable to every such purchase as aforesaid (9).

vestries and

district

up ditches

of roads, and

LXXXVII. It shall be lawful for any vestry or dis- Power to trict board, where they think fit, to cause the ditches at the sides of or across public roads and byeways and boards to fill public footways to be filled up, and to substitute pipe or by the side other drains alongside or across such roads and ways, substitute with appropriate shoots and means of conveying water pipes. from such roads and ways thereinto, and from time to time to repair and amend the same; and the surface of land gained by filling up such ditches may, if the vestry or board so think fit and direct, be thrown into such roads and ways, and be repairable as part thereof, and be under the control of the surveyors of the highways, or other person in charge of such roads, byeways, or footways.

vestries and

provide

veniences.

LXXXVIII. It shall be lawful for every vestry and Power to district board to provide and maintain urinals, water- district closets, privies, and like conveniences, in situations where boards to they deem such accommodation to be required, and to public consupply the same with water, and to defray the expense thereof, and any damage occasioned to any person by the erection thereof, and the expense of keeping the same in good order, as expenses of sewerage, are to be defrayed under this Act.

district

LXXXIX. If any vestry or district board desire to Vestries and transfer to the metropolitan board of works the powers boards may and duties vested in such vestry or district board in rela- transfer their

(g) It was laid down by the Master of the Rolls in Stainton v. Woolrych, Stainton v. Metropolitan Board of Works and the Lewisham District Board of Works, 26 L. J. 300, Ch., that the corresponding proviso in the Metropolitan Sewers Act, 1848, 11 & 12 Vict. c. 112, s. 50, was not limited to the previous part of that section, but that it extended to any work done or required to be done under the provisions of the Metropolitan Sewers Act. But that cannot be so under this enactment, as it only applies to vestries and district boards, and does not include the metropolitan board,