under penalty not exceeding 207.; and any house may, in default, be so provided by the Board (a), at the expense of the owner or occupier (s. 81), who is also liable, at the option of the Board, to a penalty of 57., and 40s. a day during continuance of such default (25 & 26 Vict. c. 102, s. 64). All drains, &c., may be inspected (18 & 19 Vict. c. 120, s. 82). Penalty, for injury or alteration of any drain or works, &c., not exceeding 10%., and necessary works may be executed at the expense of the offender (ss. 83 to 85; 25 & 26 Vict. c. 102, s. 64). Where no sewer within 200 feet, temporary drains and cesspools to be provided (ib. s. 66).

WATER SUPPLY.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

To provide for the proper supply of wholesome water it is enacted that in Districts to which the Public Health and Local Government Acts are applied, the Local Board of Health may provide a sufficient supply of water for their purposes and for private use, and purchase, hire, construct, maintain, &c., such waterworks, &c., as shall be necessary, or contract with any company, after notice, for a supply which may be laid on at high pressure to the top of all dwellings; but the Board may not construct such waterworks within the District of any established company, in case such company are willing to supply the water required on reasonable terms, to be settled by arbitra

Vict. c. xci., ss. 28 to 30, the Commissioners may compel Privies and ashpits to be provided, repaired, and cleansed.

(a) Under s. 82 of the Metropolis Management Act, the vestry may require the provision of sufficient waterclosets, and may recover the expenses of constructing the same in default (St. Luke's Vestry v. Lewis, 1 B. & S. 865; 31 L. J. M. C. 73). Each case, however, must be decided by the Surveyor on its merits;-see Tinkler v. Wandsworth Board, 27 L. J. Ch. 342; 4 Jur. N. S. 293, where it was held that the Board were not authorised in requiring waterclosets to be substituted for privies in all cases according to a general rule of the Board without special inquiry into the circumstances.

tion in case of dispute (11 & 12 Vict. c. 63, s. 75). The Board, on the report of their Surveyor, may give notice requiring the owner of any house to obtain, within a specified time, such a supply of water as can be furnished at 2d. per week, and if not complied with the Board may execute the necessary works, the expense to be recoverable as Private Improvement Expenses, and levy water-rates upon the premises not exceeding 2d. per week, or to the extent authorised by any local Act (s. 76; and 21 & 22 Vict. c. 98, s. 51). Where no companies are established the Board may make agreements for the supply of water to persons, with the same powers for recovering water rents, as rates (a) (24 & 25 Vict. c. 61, s. 20). Where the Board supplies water to their District they have the same power for carrying water mains as for sewers (21 & 22 Vict. c. 98, s. 52). The Directors of any Waterworks Company (with the authority of three-fifths of the shareholders present personally or by proxy at a special meeting for the purpose) may sell all their property, rights, &c., to any Local Board (s. 53). The powers of the Towns Improvement Clauses Act with respect to water supply are incorporated (ib. s. 44); under which Act the Board shall maintain all existing public cisterns, pumps, &c., for the gratuitous supply of water to the inhabitants of the District, and may construct others for like purposes (10 & 11 Vict. c. 34, s. 121). They may contract with the owners of waterworks for all necessary supplies (s. 122), and in case of dispute the price to be settled by arbitration (s. 123). The Board shall cause fire-plugs and all necessary works and water in connection therewith to be provided and maintained, and indicate the situation thereof (s. 124). The Board may supply

(a) Where under a Local Act incorporating the Waterworks Clauses Act, a company were required to furnish water to occupiers of houses who should 66 'demand a supply of water for domestic use," at rents fixed according to the poor-rate assessment-and an occupier applied for his horse and washing his carriage, water so supplied for domestic use-the coach-house and stable being part of his premises assessed to the poor-rate: it was held that he was entitled to do so, such being a domestic use within the statute (Busby v. Chesterfield, 1 E. B. & E. 176; 27 L. J. Q. B. 238; 22 Jur. 757).

water from any works belonging to them to any Public Baths or Wash-houses, or for trading or manufacturing purposes (11 & 12 Vict. c. 63, s. 77). They may cause all existing cisterns, pumps, &c., used for gratuitous water supply to be continued, maintained, &c., or substitute other works equally convenient (a), and construct new cisterns, pumps, &c., for the gratuitous supply of any Public Baths or Wash-houses not established for private profit or supported out of rates (s. 78); and may at the option of the Vestry be the Commissioners for the execution of the Public Baths and Washhouses Act within their District (21 & 22 Vict. c. 98, s. 47). Penalty for injuring waterworks constructed under the Act, diverting streams, or wasting water supplied, not exceeding 57., and 208. a day during continuance of offence after notice. (11 & 12 Vict. c. 63, s. 79). Like penalties for bathing in or fouling streams or any waterworks maintained under the Act. Gas proprietors suffering washings from their works to foul streams or waterworks to forfeit 2007., and 207. a day during continuance, after twenty-four hours' notice. And if any water be fouled in any manner by the gas of any such proprietor he shall forfeit not exceeding 207., and not exceeding 107. a day during continuance of offence after like notice (b) (s. 80). Saving of rights of water companies, &c. (21 & 22 Vict. c. 98, s. 73).

(a) Where a Company, authorised by their special Act to carry an aqueduct through certain land, proceeded, under the powers of the Waterworks Clauses Act, which were incorporated, to sink a well and erect pumps on such land: Held, that they were so entitled (Simpson v. South Staffordshire Water Company, 5 New Reports, 70). A Local Board supplied a public fountain with water for the use of cattle on market days, which fountain had been used by a horse-keeper, who thereby evaded the fixed charge per horse for water if supplied to his stables, in contravention of the 59th sect. of the Waterworks Clauses Act, incorporated with the Local Act under which the Board was constituted ;-the Magistrates having refused to convict, on the ground that the Board had no power to erect a fountain on the public highway, except for the gratuitous use of the public:-Held on appeal, that this was wrong, for whether the fountain were a public nuisance or not, the Board were at liberty to supply it with water on their own conditions (Hildreth v. Adamson, 8 C. B., N. S., 587; 30 L. J. M. C. 204).

(b) By the Water Works Clauses Act (10 Vict. c. 17) the fouling of any water

NUISANCES REMOVAL ACTS.

Under the Nuisances Acts a penalty of 2007. is imposed on any person or company who shall suffer any stream or place for water to be fouled by gas washings (18 & 19 Vict. c. 121, s. 23), recoverable by the owner, or in default by the Local Authority. [See "Constitution of Local Authorities."] (s. 24). Further penalty of 207. a day, after notice, during continuance of such fouling (s. 25) (a). No powers under these Acts to affect the navigation of rivers, canals, &c., nor extend to mines (s. 44); nor affect the supply of water to any waterwork or mill, &c., without consent (s. 45.)

METROPOLIS MANAGEMENT ACTS.

In the Metropolis the Vestry or District Board may cause any Well to be dug in any public place, and erect pumps for the gratuitous supply of water to the inhabitants (18 & 19 Vict. c. 120, s. 116) (b). They can also compel the owner or occupier of any house not supplied with water to obtain a supply, or do the necessary works at his expense (c), and the

belonging to the undertakers (i.e., Company by whose Local Act these clauses may be incorporated) is prohibited, and extends to bathing, washing dogs and other animals, throwing dirt, rubbish, &c., washing of skins or clothes, as well as sewage or other filthy water (s. 61).

A private Gas Act imposed penalties in case the company should cause or suffer to be conveyed or to flow" into any stream, &c., gas-washings, &c.; -their tank had been erected in ignorance of the fact of mines having been formerly worked under their lands, whereby, the tank being out of repair, the plaintiff's well had become polluted by percolation: held, that the Company were liable to the penalty for polluting the water (Hipkins v. Birmingham Gas Co., 5 H. & N. 74; 30 L. J. Exch. 60; 6 Jur. N. S. 173).

(a) Where refuse was poured into a river, which in consequence created a nuisance by polluting the water in an adjoining parish, the Local Authority of which proceeded under 18 & 19 Vict. c. 121, s. 12, for an abatement of the nuisance it was held that the cause not having arisen within the area of the Local Authority, the Justices had no jurisdiction in the case (R. v. Cotton, 28 L. J. M. C. 22).

:

(b) By the City Sewers Act, s. 56 (see note, p. 37) Water Companies are required to supply public baths, &c., within the City on receiving proper remuneration, and without prejudice to domestic supplies.

(c) By the City Sewers Act, ss. 105 to 107 (see note, p. 37), and 14 & 15 Vict. c. xoi., s. 31, cisterns are to be provided by the owners of houses,

water company shall supply the same, &c. (25 & 26 Vict. c. 102, s. 67). The Vestry or Board may provide and supply drinking fountains (s. 70).

PUBLIC HEALTH ACT.

In any parish or place containing less than 2000 inhabitants, to which the Public Health and Local Government Acts have not been applied, the ratepayers may resolve that a Well shall be dug or a pump provided for public use, and the Churchwardens, &c., are thereupon to procure a plan and estimate, and on approval cause the works to be executed out of the poor-rates (11 & 12 Vict. c. 63, s. 50). All such wells, pumps, &c., are vested in the Local Authority, under the Nuisances Acts, who are to keep all pumps, &c., in repair, &c. (23 & 24 Vict. c. 77, s. 7). Penalty for damaging or fouling any such pump, well, &c., not exceeding 57., and not exceeding 20s. a day during continuance of offence (s. 8).

THE METROPOLIS WATER ACT.

For securing pure water in the Metropolis (which by the schedule extends to Hammersmith, Tottenham, Bromley, Woolwich, Lewisham, Tooting, &c.), it is enacted that no water shall be taken by any Company supplying any part of the Metropolis with water for domestic use from any part of the Thames below Teddington Lock, or from any tributary below the highest point where the tide flows (15 & 16 Vict. c. 84, s. 1). Every reservoir for storing such water, not more than five miles from St. Paul's, shall be covered, unless the water be subject to filtration after its discharge from such reservoir (s. 2). No such water shall be conducted otherwise than through pipes or covered aqueducts, unless afterwards filtered before distribution (s. 3). All such water shall be effectually filtered before passing into the pipes for distribution, except such as may be pumped from wells into covered reservoirs, and not mixed with unfiltered water (s. 4). Prior to resorting to any new source of supply, any Company shall give three months'