No. 289. supply of water as directed in this Part of this Act, notwithstanding 29 VICTORIA, that no such pipe and stop cocks be laid or that no such water is used in such tenement. (a) BY THE INHABITANTS. service pipes. 223. Any owner or occupier of any dwelling-house or part of a PIPES TO BE LAID dwelling-house within the limits of this Part of this Act who shall wish to have water from the waterworks of the board brought into Power to inhahis premises, and who shall have paid or tendered to the board the bitants to lay portion of water rate in respect of such premises by this Act directed 10 & 11 Vict. to be paid in advance, may open the ground between the pipes of c. 17 s. 48. the board 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 board. of laying pipes. Ib. 224. Such pipes shall be of a strength and material approved Notice to board of by some officer of the board; and every such owner or occupier shall before he begins to lay any such pipe give to the board two days' notice of his intention to do so. , with pipes of tendence of 225. Before any pipe is made to communicate with the pipes of communication the board the person intending to lay such pipe shall give two days' board to be made notice to the board of the day and hour when such pipe is intended under superinto be made to communicate with the pipes of the board; and every surveyor. 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 board. Ib. s. 49. 226. The bore of any such pipe as last aforesaid shall not ex- Bore of service ceed three-quarters of an inch except with the consent of the board. pipes. Ib. s. 50. may be removed Ib. s. 51. 227. Any person who shall have laid down any pipe or other Service pipes works or who shall have become the proprietor thereof, may remove after giving the same after having first given six days' notice in writing to the notice. board of his intention so to do and of the time of such proposed removal; and every such person shall make compensation to the board for any injury or damage to its pipes or works which may be caused by such removal. moving pipes 228. If any person remove any such pipe or other works without Penalty on regiving such notice as aforesaid, he shall forfeit to the board a sum without notice. not exceeding five pounds over and above the damage which he may ib. be found liable to pay in any action at law at the suit of the board for the damage done to their pipes or works. bitants after notice to break up pavements. Ib. s. 52. 229. Any such owner or occupier may open or break up so Power to inhamuch of the pavement of any street as shall be between the pipe of the board 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 (a) The laying down of a service pipe and stop cocks to each occupation is equivalent, under section 5 of 21 Vict. No. 59, corresponding to this section, to an actual supply of water. Payment of the water rates is then compulsory, whether the water be used or not.-Fellows v. The Board of Land and Works, 1 W. W. & a'B. (L.), 198. No. 289. 29 VICTORIA, previous notice and shall be subject to the same control restrictions 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 board is subject to by virtue of this Part of this Act. PROTECTION OF off from offend ing consumer. 26 & 27 Vict. c. 93 s. 16. 230. If any person supplied with water by the board wrongfully does or causes or permits to be done anything in contravention Water may be cut of any of the provisions of this Part of this Act, or wrongfully fails to do anything which under any of those provisions ought to be done for the prevention of the waste misuse undue consumption or contamination of the water of the board, the board may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supplied by it to him or for his use, and may cease to supply him with water so long as the cause of injury remains or is not remedied. Penalty for waste of water. Ib. s. 17. Penalty for misapplication of water. Ib. s. 18. No pipe to be fixed to con sumer's pipe sion of board. Ib. s. 19. 231. If any person supplied with water by the board wilfully or negligently causes or suffers any pipe valve cock cistern bath soil-pan water-closet and other apparatus or receptacle to be out of repair, or to be so used or contrived as that the water supplied to him by the board is or is likely to be wasted misused unduly consumed for irrigation or otherwise howsoever or contaminated, or so as to occasion or allow the return of foul air or other noisome or impure matter into any pipe belonging to or connected with the pipes of the board, he shall for every such offence be liable to a penalty not exceeding five pounds. 232. If any person― (1.) Not having from the board a supply of water for other he shall for every such offence be liable to a penalty not exceeding 233. It shall not be lawful for the owner or occupier of any premises supplied with water by the board or any consumer of the without permis- water of the board or any other person to affix or cause or permit to be affixed any pipe or apparatus to a pipe belonging to the board or to a communication or service pipe belonging to or used by such owner occupier consumer or any other person, or to make any alteration in any such communication or service pipe or in any apparatus connected therewith without the consent in every such case of the board. And if any person acts in any respect in contravention of the provisions of the present section, he shall for every such offence be liable to a penalty not exceeding five pounds, without prejudice to the right of the board to recover damages from him in respect of any injury done to its property and without prejudice to its right to recover from him the value of any water wasted misused or unduly consumed. Penalty for breach of this section. No. 289. 234. If any person not being supplied with water by the board 29 VICTORIA, wrongfully takes or uses any water from any reservoir watercourse conduit or pipe belonging to the board or from any pipe leading to PROTECTION OF or from any such reservoir watercourse conduit or pipe or from any cistern or other like place containing water belonging to the board Penalty for unor supplied by it for the use of any consumer of the water of the water. board, he shall for every such offence be liable to a penalty not 26 & 27 Vict. exceeding five pounds. WATER. lawfully taking c. 93 s. 20. water supply. 235. The surveyor or other person appointed for that purpose Inspection of by the board may between the hours of nine o'clock in the forenoon and four o'clock in the afternoon enter into any house or premises supplied with water by the board, 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 board may turn off the water supplied by it from such house or other premises. FOULING THE 236. If any person bathe in any stream reservoir aqueduct or other waterworks belonging to the board or wash throw or cause to enter therein any dog or other animal, he shall for every such offence Penalty for bathforfeit a sum not exceeding five pounds. ing in water of Penalty for therein. 237. If any person throw or convey or cause or permit to be c. 17 s. 61. thrown or conveyed any rubbish dirt filth or other noisome thing throwing dirt into any such stream reservoir aqueduct or other waterworks as Ib. aforesaid or wash or cleanse therein any cloth wool leather or skin of any animal or any clothes or other thing, he shall for each such offence forfeit a sum not exceeding five pounds. flow thereinto. 238. If any person cause the water of any sink sewer or drain Penalty for letsteam engine boiler or other filthy water belonging to him or under ting foul water his control to run or be brought into any stream reservoir aqueduct ID. or other waterworks belonging to the board or shall do any other act whereby the water of the board shall be fouled, he shall for each such offence forfeit a sum not exceeding five pounds and a further sum of twenty shillings for each day (if more than one) that such offence continues. nuisance in drainage area. 239. Where any owner or occupier of any land within the drain- Penalty for age area of the Yan Yean or any other reservoir vested in the board does or permits to be done on his land any act or permits to remain thereon any matter or thing which in the opinion of the board is likely to injure the water supply, if notice to discontinue or remove the same be given to him in writing by the board and if he neglect or refuse to discontinue such act or to remove such matter or thing, he shall for each such offence forfeit a sum not exceeding five pounds and a further sum of twenty shillings for each day (if more than one) that such offence continues. mitting sub flow into works. 240. Every person making or supplying gas within the limits Penalty for perof this Part of this Act who shall at any time cause or suffer to be stances produced brought or to flow into any stream reservoir aqueduct or waterworks in making gas to belonging to the board or into any drain communicating therewith b. s. 62. any washing or other substance which shall be produced in making b. s. 63. or supplying gas, or who shall wilfully do any act connected with No. 289. FOULING THE 29 VICTORIA, the making or supplying of gas whereby the water in any such stream reservoir aqueduct or other waterworks shall be fouled or the pipes or conduits thereof injured shall forfeit to the board the sum of twenty pounds to be recovered with full costs of suit in the Supreme Court for each day during which such washing or other substance shall be brought or shall flow as aforesaid or during which the act shall continue by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the board. Penalty on gas makers causing fouled. 241. Whenever the water supplied by the board shall be fouled water to be by the gas of any person making or supplying gas within the limits of this Part of this Act, such person shall forfeit to the board for every such offence a sum not exceeding twenty pounds and a further sum not exceeding ten pounds for each day during which the offence shall continue after the expiration of twenty-four hours from the service of notice of such offence. 10 & 11 Vict. c. 17 s. 64. Power to ex to ascertain cause of water being fouled. Ib. s. 65. examination to be given. 242. For the purpose of ascertaining whether the water of the amine gas pipes board be fouled by the gas of any person making or supplying gas within the limits of this Part of this Act, the board may dig up the ground and examine the pipes conduits and works of the persons Notice of such making or supplying gas. Provided that before proceeding so to dig and examine the board shall give twenty-four hours' notice in writing to the person so making or supplying gas of the time at which such digging and examination is intended to take place, and it shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place; and it shall be subject to the like obligation of reinstating the road and pavement and to the same penalties for delay or any nonfeasance or misfeasance therein as hereinbefore provided with respect to roads and pavements broken up by it for laying its pipes. The expenses of to abide the 243. If upon such examination it appear that such water has the examination been fouled by any gas belonging to such person, the expenses of the digging examination and repair of the street or place disturbed in any such examination shall be paid by the person making or supplying gas; but if upon such examination it appear that the water has not been fouled by the gas of such person, then the board shall pay all the expenses of the examination and repair and also make good to the said person any injury which may be occasioned to his works by such examination. WATER RATES. Rates to be re 244. The rates and charges for water and all sums due to the board under this Part of this Act shall be paid by and be recoverable coverable from from the owner of the premises or the occupier or person requiring receiving or using the supply of water. either landlord or tenant. Ib. s. 68. Where several by one pipe each 245. Where several houses or parts of houses in the separate houses supplied occupation of several persons are supplied by one common pipe, or where water is supplied to courts alleys and rights-of-way by stand pipes, the several owners or occupiers of such houses or parts of houses or of the several houses or parts of houses in every such court alley or right-of-way shall be liable to the payment of the same rates for the supply of water as they would have been liable to if each of such several houses or parts of houses had been supplied with water from the works of the board by a separate pipe. No. 289. 246. The rates shall be paid in advance by equal payments on 29 VICTORIA, the first day of January and the first day of July in each year; and the first payment shall be made at the time when the owner or occupier of any tenement shall become liable to pay the rates and charges for the supply of water as hereinbefore mentioned. WATER RATES. Rates to be paid and charges. 247. If any person refuse or neglect to pay on demand to the board any rate charge or sum due to the board under this Part of Recovery of rates this Act, the board may recover the same with costs in any court of competent jurisdiction; or may order warrants in the form contained in the Fourth Schedule hereto to be from time to time issued to some Fourth Schedule. constable or other person named therein to levy such rate charge or sum by distress and sale of the goods and chattels of the person occupying the premises in respect of which such rate charge or sum is due at the time when the warrant of distress is executed; and in case no sufficient goods and chattels of such occupier be found on the premises to satisfy such distress, the owner of the premises or if he be absent from the colony his agent shall be liable for such rate charge or sum, and the same may be recovered from him in any court of competent jurisdiction. cover from owner laying services. 248. If any tenant of any premises be called on to pay and pay Tenant may reor be distrained for a greater amount of any rate charge or sum due excessive payto the board under this Part of this Act than is due for the period of ment or cost of his occupancy, or pay any sum for laying down service pipes to such premises upon the refusal or neglect of the owner thereof to lay down such service pipes within one month of the last publication in the Government Gazette of the notice by the board as hereinbefore mentioned requiring such owner to lay down such pipes, such tenant may deduct any sum so paid or recovered from the rent from time to time becoming due to such owner in respect of such premises or after demand may recover the same from such owner in any court of competent jurisdiction. allowing officer 249. If any person having the custody of any valuation rate or Penalty for not assessment for the city of Melbourne the town of Geelong or any to inspect rates. borough shall refuse or neglect to allow the officer of the board authorised in that behalf upon due request to inspect at any reasonable time any such valuation rate or assessment or to take a copy of or make extracts from the same, the person so refusing or neglecting shall for every such offence forfeit a sum not exceeding twenty pounds. recovered either ployer. 250. Every penalty imposed by this Part of this Act or by any Penalties may be bye-law relating to water supply may be proceeded for and enforced from offender or either against the person actually committing any breach of such from his emPart or bye-law or the person in whose employment he is and on whose behalf he is acting. All rates charges and sums due to the board and damages costs penalties and forfeitures under this Part of this Act may be proceeded for before and enforced by any two or more justices. PART VI.-ELECTRIC TELEGRAPHS. 251 to 261 inclusive. [Repealed by 37 Vict. No. 455 s. 30, "Post Office (Amendment)," ante, p. 2140, and re-enacted in ss. 31 to 41 of that Act.] Recovery may be in a summary way. |