Unless the duplicate be left under seal with the owner or occupier, the sample cannot be given in evidence. (Cf. Smart & Sons v. Watts, (1875, 1 Q. B. 219; 64 L. J. M. C. 89; 59 J. P. 54, decided under the analogous provisions of the Sale of Food and Drugs Act, 1895). It would not seem that samples are necessary in all cases to secure a conviction. See West Riding Rivers Board v. Hainsworth, p. 90 supra.

The penalty provided by this section for obstructing or molesting can only be enforced when the officer or person is duly authorized by the Committee to enter on the premises.

$10

Provisions of

tive.

11. All the powers and provisions of this Act are in Act cumulaaddition to, and not in derogation of, any other powers possessed by the Joint Committee under the provisions of the Local Government Board's Provisional Orders Confirmation (No. 10) Act, 1891, and the Joint Committee may exercise all or any of such other powers as if this Act had not been passed:

Cf. sect. 16, Rivers Pollution Prevention Act, 1876, p. 41 supra.

Nothing in this Act shall prejudice or in any way affect or curtail the right of any sanitary authority, or of any conservators or other public body, or of any individual, to continue or to commence proceedings against any person or body of persons in respect of any pollution of the River Mersey or Irwell, or any tributary thereof respectively:

Provided that (save as hereinafter mentioned) proceedings shall not be taken against any person under this Act while proceedings are pending against such person in respect of the same or a similar offence under any other Act, and proceedings shall not be taken against any person under any other Act while proceedings are pending against such person in respect of the same offence under this Act:

$ 11

Orders as to costs of inquiries.

Power of
inspectors
of Local
Government
Board.

Nevertheless, if in any case the Local Government Board shall be of opinion, on the representation of the Joint Committee or of any person, that any proceedings pending under this Act, or any other Act, are not being prosecuted bona fide and with due diligence, they may by order authorize such other proceedings to be taken, either under this Act or under any other Act, and either by the Joint Committee or by any person as, having regard to all the circumstances of the case, the Board may think just.

Cf. last clause of sect. 17, West Riding Rivers Act, p. 94 supra.

12. The Local Government Board may make orders as to the costs incurred by them in relation to inquiries instituted by them under this Act, and as to the parties by whom such costs shall be borne, and every such order, and every order for the payment of costs made by the said Board under this Act may be made a rule of the High Court.

Cf. sect. 14, Rivers Pollution Prevention Act, 1876, p. 40 post.

13. Inspectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board under this Act, have, in relation to witnesses and their examination, the production of papers and accounts, and the inspection of places and matters required to be inspected, similar powers to those which the inspectors of the said Board have under the Public Health Act, 1875, for the purposes of that Act.

See note to sect. 15, Rivers Pollution Prevention Act, 1876, p. 40 supra, and sect. 296 of the Public Health Act, 1875, p. 138 post.

The term "person" includes a sanitary authority, and any other body of persons whether corporate or not corporate :

66

The term stream includes canalised streams, brooks, and watercourses:

The term "solid matter does not include particles of matter in suspension in water.

(2) Any liquid which merely occasions innocuous discoloration of any river or stream shall not be deemed to be " polluting" for the purposes of this Act.

See note to sect. 20 Rivers Pollution Prevention Act, 1876 p 51 supra As to stream and solid matter, see notes to sect. 20, Rivers Pollution Prevention Act, 1876, p. 43 supra.

Matter in suspension, may however, in some cases, be dealt with under sects. 2 and 5. (See United Alkali Co., Ltd. v. Simpson, 1894, 2 Q. B. 116; 63 L. J. M. C. 141; 71 L. T. 258; 58 J. P. 607). As to what is matter in suspension, see Ribble Joint Committee v. Halliwell, p. 4 supra.

15. Notwithstanding anything in this Act contained no person shall be deemed to have committed an offence against this Act, or be liable to any proceeding under this Act, by reason or in consequence of any water flowing into the River Mersey or the River Irwell, or any tributary thereof respectively, in the same condition as that in which such water has been drained or raised from any mine, pit, shaft, or quarry, or by reason or in consequence of any water flowing into the River Mersey or the River Irwell, or any tributary thereof respectively, from any colliery or pit bank, or by reason or in consequence of any water so flowing which has passed through an efficient settling tank in connection with any coal washing machinery.

See note to sect. 22, West Riding Rivers Act, 1894, p. 96 supra. The onus of proof that a settling tank is efficient will be on the person setting up the defence.

$ 14

Saving as to

water flowing from mines.

§ 16

Saving for tidal waters.

Costs of Act.

16. Nothing in this Act shall apply to any tidal waters which have not been determined by the Local Government Board to be a stream in accordance with section twenty of the Rivers Pollution Prevention Act, 1876.

For tidal waters, see p. 50 supra.

17. All the costs of and incidental to preparing and obtaining this Act, as taxed by the taxing officer of one of the Houses of Parliament, shall be paid by the Joint Committee out of their common fund.

THE PUBLIC HEALTH ACT, 1875

(38 & 39 VICT. c. 55).

(Selected Sections).

1. This Act may be cited as the Public Health Act, Short title. 1875.

2. This Act shall not extend to Scotland or Ireland, Extent of Act. nor (save as by this Act is expressly provided) to the Metropolis.

4. In this Act, if not inconsistent with the context, Definition. the following words and expressions have the meanings hereinafter respectively assigned to them; that is to say :

"Person includes any body of persons whether corporate or unincorporate.

"Local authority" means urban sanitary authority and rural sanitary authority.

"Lands" and "premises " include messuages, buildings, lands, easements, and hereditaments of any tenure.

Cf. sect. 3 Interpretation Act, 1889, p. 165, post.

"Drain "" means any drain of and used for the drain- Drains. age of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises, occupied by different persons, is conveyed.

I